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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 July 2000 at 6.00 pm.

Present: Councillors STEWART McGLYNN, KITTY RITCHIE, FRANK ELLIS, JOHN HENDERSON, ALEX KING, DAVID LUMGAIR, BRIAN MILNE, PETER MURPHY, BILL ROBERTON and DAVID SELFRIDGE.

Apologies: Apologies for absence were intimated on behalf of Councillors The Hon R J LESLIE MELVILLE, RICHARD SPEIRS and SANDY WEST.

Councillor McGLYNN, Convener, in the Chair.

1. MINUTES OF PREVIOUS MEETINGS

The minutes of meetings of this Committee of 25 May and 15 June 2000 were submitted, approved as a correct record and signed by the Convener.

2. BUILDING WARRANTS

The Committee noted that in the period 15-30 June 2000, a total of 8 Amendments to Warrants and 113 Building Warrants had been approved with an estimated cost of £2,352,794.

3. PLANNING APPLICATIONS

There was submitted Report No 747/00 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(iv) Withdrawn Application

The Committee agreed to note that Application No 00/00493/FUL by Miss Fiona McIntosh for the erection of a house and garage at Dubton Station, Dubton, Hillside, by Montrose had been withdrawn.

*(v) Debated Application

Balruddery Stable Block, Balruddery Meadows, by Dundee

The Committee considered Application 00/00477/OUT by Cartplan Limited for the outline erection of three dwellinghouses at Balruddery Stable Block, Balruddery Meadows, by Dundee.

Slides were shown and two objectors heard.

Councillor Ellis, seconded by Councillor Selfridge, moved that the application be refused, on the following grounds:-

  1. that the application did not conform to the finalised Angus Local Plan 1999 and was contrary to the Dundee Rural Areas Local Plan 1994;
  2. that the development would be detrimental to the rural character of the area;
  3. that the development would result in a negative rural amenity as a result of over development.

COUNCILLOR McGLYNN, SECONDED BY COUNCILLOR RITCHIE, MOVED AS AN AMENDMENT THAT THE APPLICATION BE CONDITIONALLY APPROVED, AS DETAILED IN THE REPORT.

On a vote being taken, the members voted:-

For the motion:-

Councillors Ellis, Milne, Murphy, Roberton and Selfridge (5).

For the amendment:-

Councillors McGlynn, Ritchie, Henderson, King and Lumgair (5).

There being an equality of votes, the Convener exercised his casting vote in favour of the amendment, which accordingly became the finding of the meeting.

4. PROPOSED UPGRADING OF A92

The Committee considered a request to give an opinion in terms of the Environmental Impact Assessment (Scotland) Regulations 1999 as to whether the relocation of an agricultural underpass at Netherkelly Farm, or the relocation of a cycle track/footway/agricultural underpass at Balmachie Farm, required in connection with the proposed dualling of the A92 Dundee to Arbroath Road, would require the submission of an Environmental Impact Assessment.

The Committee endorsed the view of the Director of Planning and Transport that an Environmental Impact Assessment was not necessary in either case.

5. PLANNING APPEAL DECISION - MAY COTTAGE, LITTLE BRECHIN

With reference to Article 2(ii) of the minute of meeting of this Committee of 16 March 2000, there was submitted Report No 748/00 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 the refusal of Angus Council to grant consent for car sales at May Cottage, Little Brechin.

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

6. ENFORCEMENT ACTION ­ 1 PALMERSTON STREET, MONTROSE

There was submitted Report No 749/00 by the Director of Planning and Transport which detailed the circumstances that had arisen in the Montrose Conservation Area in respect of the unauthorised erection of satellite dishes leading to a recommendation of enforcement action in respect of a single property initially at 1 Palmerston Street, Montrose.

The Committee agreed:-

  1. that enforcement action be taken in respect of a satellite dish erected on the front elevation of property at 1 Palmerston Street, Montrose; and
  2. to authorise the Director of Planning and Transport to pursue other breaches, including enforcement action, if required, within the Montrose Conservation Area.

7. 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 Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973, paragraphs 6 and 11.

8. OLD PARISH KIRK MANSE, BARRY

With reference to Article 8 of the minute of meeting of this Committee of 15 June 2000, there was submitted Report No 750/00 by the Director of Planning and Transport which updated the Committee on progress following consideration of Report No 699/00.

The Committee agreed:-

  1. to note the most recent development in respect of the Old Parish Kirk Manse, Barry; and
  2. not to serve an Urgent Repairs Notice for the time being.

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

REFUSALS

Application No Promoter Location Development
00/00473/COU Mr & Mrs Cargill 14 Glebe Road
Arbroath
Change of Use to Garden Ground and Erection of Garage with Driveway
00/00013/FUL E Craig 207 High Street
Arbroath
Installation of New Windows
Amend Condition 1:
After "Memorandum of Guidance on Listed Buildings and Conservation Areas"; finish off with "the Angus Finalised Local Plan policies (ENV49 and ENV37); and the Council's Advice Note 9 "Window Alterations".
00/00485/FUL Isis Properties Rashiecot Den
Berryhill Road
Fowlis Easter
by Dundee
Erection of Dwellinghouse
(After slides had been shown)

APPROVALS

Application No Promoter Location Development
00/00279/FUL The Oyster Trust 19/21 West Port
Arbroath
Conversion of Shop Units to Form a Retail Unit and Alcohol Free Bar
00/00381/OUT J D Thomson & T Graham 38/40 Park RoadBrechin Outline Erection of Dwellinghouse
Amend Conditions:
6/8: Delete "and Economic Development"
00/00531/COU Dumbarnie & Co Ltd 11 Castle Street
Forfar
Change of Use ­ Store to Lock-Up Garage
00/00307/FUL Kilmartin Homes Land at East Kirkton Road
Arbroath
Erection of 39 Dwelling-houses, Roadway and Associated Works
Additional Conditions:
11. That the existing footway at the east boundary between Plots 13 and 14 which is to be extended to the new site road shall be provided with all necessary street lighting to the satisfaction of the Director of Planning & Transport.
12. That the carriageway and footpaths of the main access road through the development be con-structed to immediately abut the northern boundary of the development.
(After slides had been shown)
0/00455/FUL The Salvation Army Trustee Co Southesk Terrace, Brechin Erection of New Corps Hall
Councillor Selfridge declared an interest in the aforementioned application and took no part in the decision
00/00468/OUT Ian F Johnston Land at Muiredge
Carmyllie
Erection of House (Outline)
Amend Condition 1:
Figure of "70" should read "7"
00/00526/OUT Mr Robertson Site at Lethnot Road
Edzell
Outline Erection of a Dwellinghouse in Association with the Existing Garage Business
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