Angus CouncilTel: 03452 777 778

Development Control Committee

MINUTE of MEETING of the DEVELOPMENT CONTROL COMMITTEE held in the Town and County Hall, Forfar on Thursday 9 November 2000 at 6.00 pm.

Present: Councillors STEWART McGLYNN, KITTY RITCHIE, FRANK ELLIS, JOHN HENDERSON, ALEX KING, The Hon R J LESLIE MELVILLE, DAVID LUMGAIR, BRIAN MILNE, DAVID SELFRIDGE and SANDY WEST.

Apologies: Apologies for absence were intimated on behalf of Councillors PETER MURPHY and BILL ROBERTON

Councillor McGLYNN, Convener, in the Chair.

1. MINUTES OF PREVIOUS MEETINGS

The minutes of meetings of this Committee of 28 September and 19 October 2000 were submitted, approved as correct records and signed by the Convener.

2. BUILDING WARRANTS

The Committee noted that in the period 9 to 27 October 2000, a total of 8 Amendments to Warrants and 51 Building Warrants had been approved with an estimated cost of £1,160,635.

3. PLANNING APPLICATIONS

There was submitted Report No 1048/00 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(iv) Withdrawn Application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 Number 00/00518/OUT by Don and Low for outline consent for the erection of 121 dwellings at St James Works, New Road, Forfar had been withdrawn.

4. PLANNING APPEAL - BALRUDDERY STABLES

With reference to Article 3(v) of the minute of meeting of this Committee of 13 July 2000, the Committee was advised that an appeal had been lodged against the Council's decision to refuse consent for Application No 00/00477/OUT and that the appellant had opted for a public inquiry.

The Committee agreed to engage a planning consultant to represent the authority at the inquiry and to prepare the Council's case in conjunction with the Director of Law and Administration.

5. PLANNING APPEAL DECISIONS

(i) East Lodge, Turin, by Forfar

With reference to Article 2(ii) of the minute of meeting of this Committee of 13 April 2000, there was submitted Report No 1045/00 by the Director of Planning and Transport which detailed the findings of the Reporter appointed by the Scottish Ministers to determine the appeal against the refusal of Angus Council to grant consent for the erection of a house at Turin, East Lodge, by Forfar.

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

(ii) Queenswell Road, Forfar

With reference to Article 2(i) of the minute of meeting of this Committee of 21 October 1999, there was submitted Report No 1046/00 by the Director of Planning and Transport which detailed the findings of the Reporter appointed by the Scottish Ministers to determine the appeal against a condition imposed on a planning consent at Queenswell Road, Forfar.

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

6. ENFORCEMENT ACTION

(a) Small Holding, Memus Village

With reference to Article 5(b) of the minute of meeting of this Committee of 2 December 1999, there was submitted Report No 1043/00 by the Director of Planning and Transport detailing the current circumstances relative to the condition of the small holding occupied by Miss Betsy McIntosh in Memus village. The Report noted the complex history of the site, detailed three options for consideration by the Committee, and recommended that enforcement action be taken.

Councillor Leslie Melville, seconded by Councillor Lumgair, moved that no further action be taken (Option 1).

COUNCILLOR MCGLYNN, SECONDED BY COUNCILLOR ELLIS, MOVED AS AN AMENDMENT, THAT AN AMENDED ENFORCEMENT NOTICE BE RE-SERVED REQUIRING THE REMOVAL OF ONE OF THE TWO CARAVANS RECENTLY INSTALLED ON THE SITE AND THAT NEGOTIATIONS CONTINUE WITH THE OCCUPIER OR HER REPRESENTATIVE TO SECURE FURTHER IMPROVEMENTS TO THE APPEARANCE OF THE SITE (OPTION 3).

On a vote being taken, the members voted:-

For the motion:-

Councillors Henderson, Leslie Melville, Lumgair and Milne (4)

For the amendment:-

Councillors McGlynn, Ritchie, Ellis, King, Selfridge and West (6)

The amendment was declared carried and became the substantive motion.

Councillor King, seconded by Councillor Henderson, moved as a further amendment that the Director of Planning and Transport continue to seek voluntary improvements (Option 2).

On a vote being taken, the members voted:-

For the substantive motion:-

Councillors McGlynn, Ritchie, Ellis, Selfridge and West (5)

For the amendment:-

Councillors Henderson, King, Leslie-Melville, Lumgair and Milne (5).

There being an equality of votes, the Chairman exercised his casting vote in favour of the substantive motion (Option 3) and the Committee resolved accordingly.

(b) Glen Clova, Angus

There was submitted Report No 1044/00 by the Director of Planning and Transport which detailed the circumstances relative to a recommendation to take enforcement action in relation to extensive excavation/engineering works on agricultural land resulting in the formation of a loch in Glen Clova, Angus.

Mr Niven, the owner of the land within the Glen and his agent were present and answered various questions from members of the Committee. In particular, the agent confirmed that it was Mr Niven's intention to submit a planning application as soon as possible.

The Committee agreed that enforcement action be taken in respect of extensive excavation/engineering works on agricultural land, resulting in the formation of a loch, within Glen Clova, Angus, should a planning application not be received in a reasonable period.

APPENDIX 1 to the minute of meeting of the Development Control Committee of 9 November 2000 (Article 3 refers)

REFUSALS

Application No Promoter Location Development
00/00922/FUL M Stent Halkerton Rise
Forfar
Proposed Erection of Dwellinghouse
(after slides had been shown and the Applicant heard)

APPROVALS

Application No Promoter Location Development
00/00795/FUL Angus Community Care Charitable Trust Lily Wynd
Forfar
Extension to Dwellinghouse
00/00566/FUL Laird Brothers (Forfar) Ltd Lochhead Farm
Arbroath Road
Forfar
Restoration of Mineral Working Area (previously Sand and Gravel Workings)
00/00728/FUL Langvale Homes Ltd Plots 1 - 3 and 6 Mart Lane
Kirriemuir
Proposed Alterations to House Types
00/00880/FUL Emslie Collier Broomfield Road
Montrose
Alterations to Property and Provision of Pitched Roof
(after slides had been shown and an objector heard)
00/00863/FUL C Spiers 35 Gardyne Street
Friockheim
Erection of Rear Extension
Delete Condition 1
(at the request of the objector)
(after slides had been shown and an objector heard)
Get Adobe Reader Adobe Reader is required to view the PDF documents on this page. If you don't have it, download it free from www.adobe.com.