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Development Control Committee

MINUTE of MEETING of the DEVELOPMENT CONTROL COMMITTEE held in the Town and County Hall, Forfar on Thursday 13 January 2000 at 6.00 pm.

Present: Councillors STEWART McGLYNN, FRANK ELLIS, JOHN HENDERSON, ALEX KING, THE HON R J LESLIE MELVILLE, DAVID LUMGAIR, BRIAN MILNE, PETER MURPHY, KITTY RITCHIE, BILL ROBERTON, DAVID SELFRIDGE, RICHARD SPIERS and SANDY WEST.

Councillor McGLYNN, Convener, in the Chair.

1. MINUTES OF PREVIOUS MEETINGS

The minutes of meetings of this Committee held on 11 November and 2 December 1999 were submitted, approved as a correct record and signed by the Convener.

2. BUILDING WARRANTS

The Committee noted that in the period 22 November - 23 December 1999 a total of 18 Amendments to Warrants and 120 Building Warrants had been approved with an estimated cost of £2,245,766.

3. PLANNING APPLICATIONS

There was submitted Report No 40/00 by the Director of Planning and Transport on applications for planning consent.

(i) Delegated Approvals

The Committee agreed to note consents issued by the Director of Planning and Transport as detailed in List A of the Report.

(ii) Refusals

The Committee agreed to refuse consent, for the reasons recommended by the Director of Planning and Transport, in respect of the applications detailed in the Appendix to this minute.

(iii) Approvals

The Committee agreed to grant consent, subject to the conditions recommended by the Director of Planning and Transport, and/or where recorded any additional or amended conditions approved by the Committee, in respect of the applications detailed in the Appendix to this minute.

(iv) Withdrawn Applications

The Committee agreed to note that the following applications had been withdrawn by the applicants:-

  1. Application No 99/01109/FUL by Montrose Football Club Limited for the provision of an all-weather sports facility at Links Park Stadium, Wellington Street, Montrose;
  2. Application No 99/01050/OUT by Mr and Mrs J Nairn for the outline erection of two dwellinghouses on garden ground at Westerlea, Cliffburn Road, Arbroath; and
  3. Application No 99/01059/COU by William Forbes-Hamilton for the change of use from residential home (Class 8) to Guest House (Class 7) at Rosehill House, 28 St James Road, Forfar
  4. Deferred Application

The Committee agreed, after hearing an objector, to defer consideration of Application No 99/01065/FUL by A Turner for the conversion of a shop to dwellinghouse at 25 Queen Street, Forfar.

4. DISCHARGE OF TERMS OF SECTION 50 AGREEMENT AT LAVEROCKHALL, BARNS OF WEDDERBURN, BY DUNDEE

The Committee considered the terms of a request received from solicitors acting on behalf of the Earl of Dundee, for the discharge of a Section 50(75) Agreement pertaining to the erection of a house at Laverockhall, Barns of Wedderburn, by Dundee.

After noting that the development previously approved was of a high standard acceptable to Angus Council and that the Director of Planning and Transport was satisfied that any terms of the Agreement still relevant could be dealt with by conditions, it was agreed that the Section 50 Agreement be revoked.

5. DRAFT SEPA - PLANNING AUTHORITY PROTOCOL ON FLOODING ISSUES

There was submitted Report No 39/00 by the Director of Planning and Transport which commented on a proposed protocol between planning authorities and SEPA on consultation arrangements for the assessment of development at risk of flooding.

The Report indicated that the protocol had been drafted by a Working Group of officers drawn from SEPA, COSLA and the Scottish Executive and although it was intended as an agreement on ways of working between Councils and SEPA, the Scottish Executive had a clear interest in the operation of the relevant legislation and the application of NPPG7 on Planning and Flooding.

The proposed protocol provided useful practical advice and guidance on consultation procedures and actions relevant to development at risk of flooding. The clarification of the respective roles of planning authorities and SEPA within the proposed protocol was therefore to be welcomed. The offer of technical assistance from SEPA in defining the scope of appropriate Flood Risk Assessments together with their assessment and interpretation would assist the Council as planning authority in the clarification of flood related issues pertaining to planning applications.

The Committee agreed:-

  1. to note the terms and contents of the draft protocol on flooding issues, and the progress already made in Angus in accordance with the best practice advice;
  2. to submit Report 39/00 to COSLA as the observations of Angus Council on the draft protocol, drawing particular attention to Section 4 including the actions already underway in Angus; and
  3. to welcome the initiative on flooding issues and await publication of a finalised protocol for adoption by Angus Council.

6. GUIDANCE NOTE: SEPTIC TANKS AND SOAKAWAYS TO HOUSES AND THE BUILDING REGULATIONS

There was submitted Report No 38/00 by the Director of Planning and Transport appending a draft of a Guidance Note for customers on septic tanks and soakaways for houses prepared by the Department's Building Control Section.

The Committee agreed:-

  1. to approve the text appended to the Report, as the basis of a customer Guidance Note on Septic Tanks and Soakaways to Houses and the Building Regulations; and
  2. that the Note be made available to the general public, agents and builders.

7. ENFORCEMENT APPEAL DECISION - 125/127 BRIDGE STREET, MONTROSE

With reference to Article 6(a) of the minute of meeting of this Committee of 26 February 1998, there was submitted Report No 36/00 by the Director of Planning and Transport which detailed the findings of the Reporter appointed by the Secretary of State to determine the appeal against an Enforcement Notice served by Angus Council against the unauthorised replacement of windows in a listed building at 125/127 Bridge Street, Montrose.

The Committee agreed to note that the Secretary of State had dismissed the appeal.

8. EXCLUSION OF PUBLIC AND PRESS

The Committee resolved, in terms of Standing Order 27(2), that the public and press be excluded from the meeting during consideration of the following item so as to avoid the disclosure of information which was exempt in terms of Paragraph 1 of Schedule 7A to the Local Government (Scotland) Act 1973, Paragraph 6.

9. SECTION 50 AGREEMENT (NOW SECTION 75) AT PRESSOCK FARM, GUTHRIE, BY FORFAR

With reference to Article 7 of the minute of meeting of this Committee of 27 May 1999, there was submitted Report No 37/00 by the Director of Planning and Transport which detailed a further request in respect of the Section 50 Agreement at Pressock Farm, Guthrie.

The Committee agreed that the Section 50 Agreement, pertaining to the occupancy of the house at Pressock Farm, on application, be removed.

APPENDIX to the minute of meeting of the Development Control Committee of 13 January 2000 (Article 3 refers)

REFUSALS

Application No Promoter Location Development
99/01086/COU & 99/01114/LBC Robson & Partners Lochside Church
Northesk Road
Montrose
Change of Use of former Lochside Church to a Veterinary Surgery
(after slides had been shown and the applicants' agent had been heard)
99/01159/COU H Fowlie May Cottage
Little Brechin
by Brechin
Change of Use from Private Garage to Vehicle Sales Outlet
(after slides had been shown and the applicants' agent had been heard)
99/01017/FUL & 99/01018/LBC Mr and Mrs Scott Angle Park
Angle Road
Kirriemuir
Extension to Dwellinghouse
(after slides had been shown)
99/01061/COU Mr and Mrs Cairnie 5 Westfield Street
Carnoustie
Change of Use from Public Open Space to Garden Ground
(after slides had been shown and the applicant heard)
99/01048/OUT Mr and Mrs G Smith School Road
Tealing
Outline Erection of a Dwellinghouse
99/01150/LBC Angus Dairies Vidor Works
Eastmill Road
Brechin
Demolition of Building

APPROVALS

Application No Promoter Location Development
99/01045/FUL N E Joiners & Builders Plot 10
Milton Lane
Milton of Finavon
Forfar
Erection of Dwellinghouse and Garage
(after slides had been shown and an objector heard)
99/01123/FUL Mrs H S McMahon The Cats Hotel
Balruddery
by Invergowrie
Formation of Driveway and Turning Area
(after slides had been shown)
99/01095/FUL Dean Scott Strathdectyn
Rosemill Road
by Dundee
Repositioning of Septic Tank
Additional Condition:
3. That prior to the commencement of any development on site, details be submitted to and approved by the Director of Planning and Transport for the protection of the proposed septic tank and mill lade.
(after slides had been shown and an objector heard)
Councillor Selfridge left the meeting at this stage
99/01085/FUL Mr Sheppard 3 Tayside Street
Carnoustie
Extension to House
99/01142/FUL James Paton 13 Burnside Place
Ferryden
Montrose
Erection of a Timber Fence
99/01047/FUL D Baird West Myrelands
Bonnyton Road
by Kirkton of Auchterhouse
Erection of a Dwellinghouse
99/01075/FUL Mr and Mrs D Hendry The Knowes of Rosemill
Leoch Quarry Road
Rosemill
by Dundee
Erection of a Dwellinghouse
99/01077/COU Paul Anderson, Solicitors 94 High Street
Arbroath
Change of Use from Shop to Office
99/01106/FUL Angus Copland Paradise
Woodville
by Arbroath
Erection of House
(after slides had been shown)
99/01076/FUL Mr and Mrs Nicoll 16 Holyrood Street
Carnoustie
Alterations and Extension to House - Reapplication
(after slides had been shown and the local member, Councillor Murphy, heard)
99/01133/OUT Select Homes (Tayside) Ltd Dundee Road
Forfar
Erection of Dwellinghouse - Outline
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