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Development Control Committee

MINUTE of MEETING of the DEVELOPMENT CONTROL COMMITTEE held in the Town and County Hall, Forfar on Wednesday 29 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, PETER MURPHY, DAVID SELFRIDGE and RICHARD SPEIRS.

Apologies: Apologies for absence were intimated on behalf of Councillors BILL ROBERTON and SANDY WEST.

Councillor McGLYNN, Convener, in the Chair.

1. BUILDING WARRANTS

The Committee noted that in the period 30 October to 27 November 2000, a total of 4 Amendments to Warrants and 49 Building Warrants had been approved with an estimated cost of £2,871,355.

2. PLANNING APPLICATIONS

There was submitted Report No 1254/00 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(iv) Withdrawn Application

With reference to Article 6 of the minute of meeting of this Committee of 25 May 2000, the Committee agreed to note that Application No 00/00490/FUL by W Clark for the extraction of sand and gravel at Cotside Quarry, Barry had been withdrawn by the applicant. As a valid planning application had not therefore been received, the Committee further agreed that enforcement action be taken and a stop notice be served as deemed necessary by the Director of Planning and Transport, as detailed in Report No 536/00.

(v) Deferred Application

Having heard from the Director of Law and Administration and from Mr Squair, the legal agent for MacDonald Estates plc, the Committee agreed to defer application No 00/00724 by MacDonald Estates plc for the demolition of buildings and erection of DIY Store and Garden Centre to include car parking, site enclosure and landscaping at Lochside Whisky Distillery, Brechin Road, Montrose until its meeting on 1 February 2001 to allow said application to be considered with application No 00/01026/OUT by Hermiston Securities Limited for the erection of a retail unit, garden centre and associated car parking at former distillery site, McNab Avenue, Montrose.

3. ENFORCEMENT APPEAL DECISION ­ PRIOR ROAD, FORFAR

With reference to Article 4(b) of the minute of meeting of this Committee of 21 October 1999, there was submitted Report No 1255/00 by the Director of Planning and Transport which detailed the findings of the Reporter appointed by Scottish Ministers to determine the appeal against the Enforcement Notice served by Angus Council in respect of the unauthorised use of property at Prior Road, Forfar.

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

4. PLANNING APPEAL DECISION - LIFF ROAD, MUIRHEAD

With reference to Article 5(ii) of the minute of meeting of this Committee of 25 May 2000, there was submitted Report No 1256/00 by the Director of Planning and Transport which detailed the findings of the Reporter appointed by Scottish Ministers to determine the appeal against the refusal of Angus Council to grant consent for the change of use from a health centre to children's nursery at Liff Road, Muirhead.

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

5. 2001/2002 REVENUE BUDGET

With reference to Article 8 of the minute of meeting of the Planning and Transport Policy Committee of 23 November 2000, there was submitted Report No 1100/00 by the Director of Finance advising the Committee of the latest position with regard to the preparation of the Planning and Transport departmental 2001/2002 Revenue Budget and associated issues and summarising in an Appendix to the Report the Departmental Provisional Base Budget for 2001/2002 as submitted to the Director of Finance and subsequently reviewed by the Technical Valuation Group.

The Committee agreed to note the contents of the Report for its interest and that more detailed Reports with specific recommendations would be submitted later in the budget cycle.

6. 2000/2004 FINANCIAL PLAN AND 2001/2002 CAPITAL BUDGET

With reference to Article 9 of the minute of meeting of the Planning and Transport Policy Committee of 23 November 2000, there was submitted Report No 1101/00 by the Director of Finance which detailed the latest position with regard to the preparation of the 2000/2004 Financial Plan (incorporating the 2001/2002 capital budget) for the Planning and Transport Department and summarising in an Appendix to the Report the departmental financial plans for 2000/2004 as returned to the Director of Finance and subsequently reviewed by the Technical Validation Group.

The Committee agreed to note the contents of the Report for its interest and that more detailed Reports with specific recommendations would be submitted later in the budget cycle.

7. HUMAN RIGHTS ACT 1998
INTERNAL AUDIT FOR PLANNING AND TRANSPORT DEPARTMENT FUNCTIONS

There was submitted Joint Report No 1272/00 by the Director of Law and Administration and the Director of Planning and Transport which advised members on the review of the Planning and Transport Department procedures in the context of compliance with the Human Rights Act 1998 as part of Angus Council's general audit of its policies or practices and procedures.

The Report indicated that the Planning and Transport Department's procedures were largely considered to be sufficiently robust for the purposes of reasonable Human Rights compliance but the recommended course of action identified by the audit, summarised in section 4 of the Report, sought to ensure further HRA compliance as far as possible in the light of best practice and advice at the present time.

The Committee agreed:-

  1. to note the contents of the Report; and
  2. to remit to the Director of Law and Administration and/or the Director of Planning and Transport, as appropriate, to carry into effect the action referred to in section 4 of the Report.

The Committee resolved, in terms of Standing Order 27(2), that the public and press be not excluded during consideration of the following items.

8. DEMOLITION OF BUILDINGS AT EASTMILL, BRECHIN

There was submitted Report No 1078/00 by the Director of Planning and Transport advising the Committee of the action which had been taken in response to concern over public safety arising from the demolition of buildings at East Mill, Brechin.

The Committee agreed to note and endorse the action taken as detailed in the Report.

9. DEVELOPMENT CONTROL COMMITTEE

The Committee agreed that an additional meeting be held on Wednesday 20 December 2000 at 6.00 pm in the Town and County Hall, Forfar.

APPENDIX 1 to the minute of meeting of the Development Control Committee of 29 November 2000 (Article 2 refers)

REFUSALS

Application No. Promoter Location Development
       
00/00875/OUT T K Estates (Farmers) Ltd Land Adjacent to The Craigs, Nether Craig, Alyth Erection of two dwellinghouses
(after slides had been shown and the applicant's agent heard)
       
00/00810/OUT C Paton Land off Dalziel Road, Inveraldie, by Dundee Outline erection of three dwellinghouses and installation of communal soakaway.
(after slides had been shown)

APPROVALS

Application No. Promoter Location Development
       
00/00901/FUL Mr and Mrs S Conway Brookside Cottage, Auchterhouse, by Dundee Extension to dwellinghouse
       
00/00888/FUL Brown Homes Ltd Park Place, Kirriemuir

Erection of two dwellinghouses

Additional Condition:

That notwithstanding the terms of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended), no structures, walls or fences etc. shall be erected on a three metre wide strip of land running parallel to the rear of properties, 71-85 Glengate, Kirriemuir and hatched green on the approved site layout plan and that within that strip no trees, shrubs, plants etc. shall be allowed to exceed one metre in height, without the prior written approval of the Director of Planning and Transport.

Reason:

In order that the amenity of nearby occupied premises shall be adequately safeguarded.

(after slides had been shown)

 

Application No. Promoter Location Development
       
00/00788/FUL Mr and Mrs F Haxton 31 Noran Avenue, Arbroath

Formation of parking area for two cars

Amend Condition 2:

That the hardstanding area shall be used for the parking of a car or car based van only and shall not be used for parking caravans. No vehicle to be parked continuously for more than one month consecutively.

Reason:

In order to protect the residential amenity of the occupants of the adjacent ground floor flat and in particular from noise and vehicle fumes.

(after slides had been shown and an objector heard)
       
00/00958/OUT Mrs Whiting Maywood, Inver Terrace, Muirhead, by Dundee

Outline erection of dwellinghouse

Additional Condition:

That the dwellinghouse be single or one and a half storeys in height.

Reason:

In order that the visual amenity of the area and the residential amenity of the adjacent properties shall not be adversely affected.

(after slides had been shown, the applicant's agent and an objector heard)
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