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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 April 2000 at 6.00 pm.

Present: Councillors FRANK ELLIS, JOHN HENDERSON, ALEX KING, The Hon R J LESLIE MELVILLE, DAVID LUMGAIR, BRIAN MILNE, PETER MURPHY, KITTY RITCHIE, BILL ROBERTON and SANDY WEST.

Apologies: Apologies for absence were intimated on behalf of Councillors STEWART McGLYNN and DAVID SELFRIDGE.

Councillor ELLIS, Vice-Convener, in the Chair.

1. BUILDING WARRANTS

The Committee noted that in the period 6 March ­ 31 March 2000, a total of 15 Amendments to Warrants and 102 Building Warrants had been approved with an estimated cost of £3,722,161.

2. PLANNING APPLICATIONS

There was submitted Report No 410/00 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) Debated Application

The Committee considered application 00/00159/OUT by Gardenstone Ltd for the erection of Nursing Home, Children's Nursery and Mixed Needs Housing at land to the rear of Prior Road/Wyllie Street/Roberts Street and North Street, Forfar.

Slides were shown and the local member, Councillor Leslie, was heard.

COUNCILLOR ELLIS, SECONDED BY COUNCILLOR RITCHIE, MOVED THAT THE APPLICATION BE APPROVED, SUBJECT TO THE CONDITIONS SET OUT IN REPORT NO 410/00 AND AN ADDITIONAL CONDITION (14) "THAT AT LEAST A PEDESTRIAN ACCESS, AS INDICATED ON THE SUBMITTED PLANS, BE PROVIDED TO THE REAR OF PROPERTIES 28-36 NORTH STREET."

Councillor King, seconded by Councillor Roberton, moved as an amendment in similar terms to the motion, subject to the addition of a further condition to the effect that the Nursing Home and Children's Nursery be substantially complete before the houses were built and occupied.

On a vote being taken, the members voted:-

For the motion:-

Councillors Ellis, Henderson, Leslie Melville, Lumgair, Ritchie and West (6).

For the amendment:-

Councillors King, Milne, Murphy and Roberton (4).

The motion was declared carried, resulting in the application being approved, subject to 14 conditions.

(v) Withdrawn Application

The Committee agreed to note that application 00/00153/COU by Emslie Collier for proposed change of use and alterations to office accommodation to provide two flats at Broomfield Road, Montrose had been withdrawn.

3. CERTIFICATES OF ALTERNATIVE DEVELOPMENT

The Committee considered three applications for a Certificate of Alternative Development in respect of land required as part of the A92 Dundee-Arbroath Dualling Project.

(a) Land at Carnoustie Panmure Football Club, Barry Road, Carnoustie

There was submitted Report No 395/00 by the Director of Planning and Transport advising that it was considered that land at Carnoustie Panmure Football Club, Barry Road, Carnoustie had future potential for development for housing purposes, subject to the provision of an alternative football ground and the removal of the Carnoustie drainage embargo.

The Committee agreed, in terms of Section 25(4)(a) of the Land Compensation (Scotland) Act 1963, to issue a Certificate to the effect that planning consent for residential purposes would have been granted subject to the following conditions:-

  1. that the site form part of a larger site incorporating at least the Panmure football ground;
  2. that prior to the commencement of any development on site, an alternative football ground be provided to the satisfaction of the Director of Planning and Transport; and
  3. that prior to the commencement of any development on site the applicant obtain the written confirmation from NoSWA that the development could take a drainage connection to the public system.

(b) Land between Station Road and Barry Road, Carnoustie

There was submitted Report No 396/00 by the Director of Planning and Transport advising that it was considered that land between Station Road and Barry Road, Carnoustie had no future potential for development for housing purposes or any other development other than for its current use. For the reasons set out in the Report, it was considered that if the scheme for the A92 did not exist, and an application for planning consent for the development of the site for housing purposes were submitted, then it would be recommended for refusal on the grounds set out in 5.12 of the Report.

The Committee agreed, in terms of Section 25(4)(b) of the Land Compensation (Scotland) Act 1963 to issue a Certificate to the effect that planning permission would have been granted for the development for which the land was being acquired, but would not have been granted for any other development.

(c) Land at Cotside Farm Cottages, Main Street, Barry

There was submitted Report No 397/00 by the Director of Planning and Transport advising that it was considered that land at Cotside Farm Cottages, Main Street, Barry had no future potential for development for housing purposes or any other development other than for its current use. For the reasons set out in the Report, it was considered that if the scheme for the A92 did not exist, and an application for planning consent for the development of the site for housing purposes were submitted, then it would be recommended for refusal on the grounds set out in 5.12 of the Report.

The Committee agreed, in terms of Section 25(4)(b) of the Land Compensation (Scotland) Act 1963 to issue a Certificate to the effect that planning permission would have been granted for the development for which the land was being acquired, but would not have been granted for any other development.

4. ENFORCEMENT ACTION

(a) Land to the Rear of 60 Redford Road, Padanaram

There was submitted Report No 398/00 by the Director of Planning and Transport which detailed the circumstances relative to a recommendation to take enforcement action in relation to the erection of a stable/horse shelter on land to the rear of the dwellinghouse at 60 Redford Road, Padanaram.

The Committee agreed to enforcement action being taken in respect of the unauthorised development as detailed in the Report.

(b) Category C(S) Listed Old Parish Kirk Manse, Barry

There was submitted Report No 399/00 by the Director of Planning and Transport relating to the unauthorised removal of slates, doors, fireplaces, interior window shutters, etc. from the Category C(S) listed Old Parish Kirk Manse in Barry Village and recommending that the Committee report the owner of the property to the Procurator Fiscal.

The Report outlined the background and the legal position and discussed what could be done to secure the future of the building. The removal of slates and house fittings from the building had been undertaken in breach of the relevant legislation and it was unlikely that any of these goods would be recovered. In the circumstances, it was felt that the only adequate response available to the Council was to pursue a prosecution against the owner of the property.

After discussion, during which several members of the Committee expressed their serious concern at the actions of the owner of the property, the Committee agreed:-

  1. that the owner or anyone else considered responsible for the unauthorised removal of slates, doors, fireplaces, interior window shutters, etc. from the Category C(S) listed Old Parish Kirk Manse in Barry Village should be reported to the Procurator Fiscal;
  2. that the objective of seeking restoration of the building be approved and that a further report on what action was considered appropriate for preserving the listed building, including the possibility of serving a Repairs Notice, be submitted to a future meeting of the Committee.

5. PLANNING APPEAL DECISIONS

(a) The Hillocks, Barry Road, Carnoustie

There was submitted Report No 400/00 by the Director of Planning and Transport which detailed the findings of the Reporter appointed by the Secretary of State to determine an appeal against the refusal of Angus Council to grant consent for the erection of a house at The Hillocks, Barry Road, Carnoustie.

The Committee agreed to note that the appeal had been dismissed.

(b) Beechhill, Lour Road, Forfar

There was submitted Report No 401/00 by the Director of Planning and Transport which presented the findings of the Reporter appointed by the Scottish Executive to determine the appeal against the refusal of Angus Council to grant consent for a very sheltered housing scheme at Beechhill, Lour Road, Forfar.

The Committee agreed to note that the Reporter had allowed the appeal and granted planning permission to application 99/00637/FUL, subject to five conditions set out in Section 3.10 of the Report.

6. POLICY FOR CHANGE OF USE FROM AGRICULTURAL LAND TO GARDEN GROUND

There was submitted Report No 402/00 by the Director of Planning and Transport which suggested the adoption of a policy for the change of use of farmland to house garden or residential curtilage.

The Report reminded members that a planning application for the change of farmland to residential curtilage at Redford had been approved but had raised issues in respect of the policies that should be pursued by the Council towards such proposals. In the interests of consistent decision making and in providing guidance to applicants, a proposed policy was recommended.

The Committee agreed to adopt the policy set out in Section 4 of Report No 402/00 for planning applications involving a change of use from farmland to garden ground and that the approved policy be contained in a published Advice Note for use of the public.

APPENDIX to the minute of meeting of the Development Control Committee of 13 April 2000 (Article 2 refers)

REFUSALS

Application No Promoter Location Development
00/00150/COU Albaville Ltd 4 & 6 Roseberry Place
Arbroath
Change of Use from Residential to Children's Day Nursery
(After slides had been shown and the applicant's agent had been heard)
00/00183/FUL Mr & Mrs R Bennett Turin East Lodge
Turin

by Forfar
Erection of House
00/00155/OUT Mr & Mrs John Jackson Plot 10
Denside
Letham Grange
Outline Erection of House
00/00171/FUL Mr & Mrs Morrison 1 Braeheid
St Vigeans
Arbroath
Erection of Conservatory
00/00116/LBC & 00/00117/FUL John Weyers Garage Cottage
Balmuirby
Dundee
Alteration and Extension to Dwellinghouse
00/00154/FUL Mr & Mrs Joss 3 East Mains Cottages
Auchterhouse
by Dundee
Roof Extension to Dwellinghouse
00/00190/LBC & 00/00129/ADV Happit Ltd 13 Castle Street
Forfar
Erection of Advertisements
(After slides had been shown)

APPROVALS

Application No Promoter Location Development
99/00681/FUL Mr Buchanan 94 High Street
Montrose
Conversion of Former Printworks to provide 9 flats
(After slides had been shown and the applicant's agent had been heard)
00/00123/COU W Strachan Old Church
Colliston
by Arbroath
Change of Use and Alterations to Store to form House.
Amended Condition:
(5) That the change of use shall not take effect until such time as the formation of a turning space allowing vehicles to enter and leave the site in a forward gear has been completed in accordance with a scheme to be submitted to, and approved of, in writing by the Director of Planning & Transport prior to the commencement of works.
(After slides had been shown)
00/00137/FUL H J Barclay Balgavies House
Balgavies
by Forfar
Erection of Stables and Garage
00/00179/FUL D Flett The Priory
Myreside
Lunanhead
Extension to House
(After slides had been shown)
00/00196/FUL A Drummond 18 Airlie Street
Brechin
alterations and Extensions to Dwellinghouse
(After slides had been shown)
00/00127/FUL & 00/00128/LBC Milnebank Developments Ltd 19 Marywell BraeKirriemuir Change of Use from shop to Dwellinghouse
00/00024/FUL D Tait Plot 4
Wellington Park
Montrose
Erection of Dwellinghouse
Additional Condition:
(9) That the three tall windows on the west elevation be glazed with obscure glass for all time coming.
(After slides had been shown)
00/00063/FUL Bedlam Corporate Entertainment Edzell Woods
Edzell
Brechin
Paintball Games Site
(After slides had been shown)
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