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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 1 February 2001 at 6.00 pm.

Present: Councillors STEWART McGLYNN, KITTY RITCHIE, FRANK ELLIS, ALEX KING, DAVID LUMGAIR, PETER MURPHY, BILL ROBERTON and RICHARD SPEIRS.

Also Present with the concurrence of the Committee: Councillor BILL CROWE

Apologies: Apologies for absence were intimated on behalf of Councillors JOHN HENDERSON, The Hon R J LESLIE MELVILLE, BRIAN MILNE, DAVID SELFRIDGE and SANDY WEST.

Councillor McGLYNN, Convener, in the Chair.

1. BUILDING WARRANTS

The Committee noted that in the period 1 January to 19 January 2001 a total of 10 Amendments to Warrants and 63 Building Warrants had been approved with an estimated cost of £2,478,800.

2. PLANNING APPLICATIONS

(a) Delegated Approvals

There was submitted Report No 136/01 by the Director of Planning and Transport detailing the applications granted by the Director of Planning and Transport in accordance with the Scheme of Delegation detailed in Standing Orders.

The Committee agreed to note the applications, detailed in the Appendix to the Report, granted under delegated powers during the period 4 January to 23 January 2001.

(b) Rosemill Junction, Bridgefoot, by Dundee

There was submitted Report No 137/01 by the Director of Planning and Transport detailing Application No 00/01098/FUL by M Fraser and Ms C Gaffney for the erection of a dwellinghouse on land at Rosemill Junction, Bridgefoot. This application was recommended for refusal.

Slides were shown and Mr Fraser, the applicant, addressed the Commitee.

Councillor McGlynn, seconded by Councillor Ritchie, moved that the application be refused for the reasons detailed in the Report.

COUNCILLOR ELLIS, SECONDED BY COUNCILLOR KING, MOVED AS AN AMENDMENT THAT THE APPLICATION BE GRANTED SUBJECT TO THE APPLICANT PURCHASING THE REMAINDER OF THE LAND AND SIGNING A SECTION 75 AGREEMENT TO PRECLUDE FUTURE DEVELOPMENT OF THE LAND AND ANY FURTHER CONDITIONS AS DEEMED NECESSARY BY THE DIRECTOR OF PLANNING AND TRANSPORT.

On a vote being taken, the members voted:-

For the motion:-

Councillors McGlynn, Ritchie and Murphy (3).

For the amendment:-

Councillors Ellis, King, Lumgair, Roberton and Speirs (5).

The amendment was declared carried resulting in the application being approved as detailed above.

(c) Former Distillery Site, MacNab Avenue, Montrose

There was submitted Report No 138/01 by the Director of Planning and Transport detailing Application No 00/01026/OUT for the erection of a retail unit, garden centre and associated car parking for Hermiston Securities Limited at the former distillery site, MacNab Avenue, Montrose. This application was recommended for refusal.

Slides were shown and Mr Muir, the applicant, and Councillor Crowe addressed the Committee.

The Committee agreed that the application be refused for the reasons detailed in the Report.

(d) Lochside Whisky Distillery, Brechin Road, Montrose

There was submitted Report No 139/01 by the Director of Planning and Transport detailing Application No 00/00724 for the demolition of buildings, erection of DIY store and garden centre to include car parking, site enclosure and landscaping for MacDonald Estates plc at Lochside Whisky Distillery, Brechin Road, Montrose. This application was recommended for approval.

Slides were shown and Mr Sutton, a Montrose resident, Mrs Stubbs, Hillside Community Council and Councillor Crowe and Mr Dan MacDonald, the applicant, addressed the Committee.

COUNCILLOR McGLYNN, SECONDED BY COUNCILLOR RITCHIE, MOVED THAT THE APPLICATION BE APPROVED AS DETAILED IN THE REPORT AND SUBJECT TO THE FOLLOWING THREE ADDITIONAL CONDITIONS:-

  1. THAT ALTHOUGH A RESERVED MATTERS APPLICATION WILL APPROVE THE SITING, SIZE, HEIGHT, DESIGN AND EXTERNAL APPEARANCE OF THE DEVELOPMENT, THESE DETAILS SHALL GENERALLY CONFORM TO THE PLANS APPROVED AS PART OF THIS OUTLINE APPLICATION AND SET OUT IN DRAWING NO 2267/21 BUT WITH THE TOWER FEATURE MORE CLOSELY REFLECTING THE APPEARANCE OF THE EXISTING TOWER;
  2. THAT 280 SQUARE METRES (3,000 SQUARE FEET) OF COVERED FLOOR SPACE BE PROVIDED ON SITE AS PART OF THE DEVELOPMENT TO ACCOMMODATE AND DISPLAY ARTEFACTS SALVAGED FROM THE EXISTING DISTILLERY COMPLEX; AND
  3. THAT PHYSICAL MEASURES BE AGREED WITH THE DIRECTOR OF ROADS AND BE IMPLEMENTED AS PART OF THE DEVELOPMENT, FOR ENSURING THAT SERVICE VEHICLES TAKE ONLY A LEFT TURN ON EXITING THE SERVICE YARD.

Councillor Speirs, seconded by Councillor Murphy, moved as an amendment that the application be refused on the following grounds:-

  1. that the development would adversely affect the town centre and was contrary to the Tayside Structure Plan; and
  2. that the existing tower was in a structurally sound condition.

On a vote being taken, the members voted:-

For the motion:-

Councillors McGlynn, Ritchie, Ellis, King, Lumgair and Roberton (6).

For the amendment:-

Councillors Murphy and Speirs (2).

The motion was declared carried resulting in the application being approved subject to the above additional conditions and the conditions detailed in the Report.

(e) East Mains House, Auchterhouse

There was submitted Report No 140/01 by the Director of Planning and Transport detailing Application No 00/01094/FUL for the change of use of a dining room to a restaurant by Mrs S Russell at East Mains House, Auchterhouse. This application was recommended for approval.

After slides had been shown, the Committee agreed that the application be approved as detailed in the Report.

(f) Burnhead, Auchterhouse

There was submitted Report No 141/01 by the Director of Planning and Transport detailing Application No 00/00910/FUL for the erection of two dwellinghouses for Roslyn Mackay at Burnhead, Auchterhouse. This application was recommended for approval.

The Committee agreed that the application be approved as detailed in the Report.

(g) The Cats Hotel, Balruddery

There was submitted Report No 142/01 by the Director of Planning and Transport detailing Application No 00/01018/FUL for the replacement of an existing dwellinghouse and change of use of office/storage area to dwellinghouse for Mr & Mrs H Hamilton at the Cats Hotel, Balruddery. This application was recommended for approval.

The Committee agreed that the application be approved as detailed in the Report, subject to the applicant signing a Section 75 Agreement.

(h) 9 Glamis Road, Forfar

There was submitted Report No 143/01 by the Director of Planning and Transport detailing Application No 00/01103/FUL for the erection of a six square metre timber garden shed (retrospective) for Vikki Winter at 9 Glamis Road, Forfar. This application was recommended for approval.

After slides had been shown, the Committee agreed that the application be approved as detailed in the Report.

(i) Benedict Road, Arbroath

There was submitted Report No 144/01 by the Director of Planning and Transport detailing Application No 00/00838/OUT for the outline erection of 25 houses (on two sites) for Hillcrest Housing Association at Benedict Road, Arbroath. This application was recommended for approval.

After slides had been shown, the Committee agreed that the application be approved as detailed in the Report subject to condition 6 being amended as follows:-

(6) That notwithstanding the details submitted, the layout, including the number of houses, indicated by drawing nos SFPD59/5K01 and SEPD59/5K02 is not approved.

(j) Sea Oil Base, Ferryden, Montrose

There was submitted Report No 145/01 by the Director of Planning and Transport detailing Application No 00/01040/FUL for the extension to Timber Treatment Plant for Crown Timber plc at Sea Oil Base, Ferryden, Montrose. This application was recommended for approval.

After slides had been shown, the Committee agreed that the application be approved as detailed in the Report.

(k) Plot 1, Shielhill Road, Northmuir, Kirriemuir

There was submitted Report No 146/01 by the Director of Planning and Transport detailing Application No 00/00930/FUL for the erection of a dwellinghouse for Ian Norrie at Plot 1, Shielhill Road, Kirriemuir. This application was recommended for approval.

The Committee agreed that the application be approved as detailed in the Report.

(l) 27 High Street, Kirriemuir

There was submitted Report No 147/01 by the Director of Planning and Transport detailing Application No 00/01036/ADV for the erection of an illuminated advertising sign for Qayoom Yakoob at 27 High Street, Kirriemuir. This application was recommended for approval.

The Committee agreed that the application be approved as detailed in the Report.

(m) Angle Road, Kirriemuir

There was submitted Report No 148/01 by the Director of Planning and Transport detailing Application No 00/01069/COU for the change of use and conversion of car show room to a children's day care nursery for Hazel Elder at the former car showroom, Angle Road, Kirriemuir. This application was recommended for approval.

After slides had been shown, the Committee agreed that the application be approved as detailed in the Report subject to the following additional condition:-

(2) That notwithstanding the details indicated on the submitted plans, the existing means of access shall be utilised unless an alternative means of access is submitted to and approved by the Director of Planning and Transport.

(n) McDonald's Restaurant, Glamis Road, Forfar

There was submitted Report No 174/01 by the Director of Planning and Transport detailing Application No 00/01145/FUL for the extension to a restaurant for Mr Brian Grant at McDonald's Restaurant, Glamis Road, Forfar. This application was recommended for approval.

After slides had been shown, the Committee agreed that the application be approved as detailed in the Report.

3. ENFORCEMENT ACTION ­ "ROSLIN", WOODVILLE, BY ARBROATH

There was submitted Report No 149/01 by the Director of Planning and Transport which detailed the circumstances relative to a recommendation to take enforcement action in respect of the erection of an unauthorised fence at "Roslin", Woodville, by Arbroath. Having heard the Director of Planning and Transport the Committee noted that the fence had now been reduced in height and enforcement action was no longer necessary.

4. NATIONAL PLANNING POLICY GUIDELINE: RADIO TELECOMMUNICATIONS (CONSULTATIVE DRAFT)

There was submitted Report No 150/01 by the Director of Planning and Transport which commented on a draft National Planning Policy Guideline (NPPG) on Radio Communications, recently published for consultation purposes by the Scottish Executive.

The Report indicated that there had been a number of recent studies and enquiries in respect of radio telecommunications which had been the source of much public concern, in particular, the enquiry by the Transport Environmental Committee of the Scottish Parliament, to which representations had been made by Angus Council. The NPPG however did not assume adoption of the legislative changes but set out to provide a background to the issues and a more general planning consideration.

In conclusion, the Director of Planning and Transport expressed disappointment in respect of the NPPG addressing genuine public and planning concerns.

The Committee agreed:-

  1. that the terms of the draft NPPG and its production be noted;
  2. that the Report, and in particular Section 4 be approved as the basis for Angus Council's response to the consultative draft, highlighting the Council's general disappointment with the content of the draft NPPG; and
  3. that the Director of Planning and Transport write to the Scottish Executive strongly requesting that a proper independent survey be undertaken regarding the health concerns arising from the use of mobile phones.

5. TELECOMMUNICATIONS DEVELOPMENTS ­ PROPOSED CHANGES TO PERMITTED DEVELOPMENT ARRANGEMENTS

There was submitted Report No 151/01 by the Director of Planning and Transport which detailed the proposed amendments to the General Permitted Development Order recently published by the Scottish Executive, the effect of the Order being to bring telecommunications developments under planning control.

The Committee agreed:-

  1. to note the terms of the proposed Order and its production; and
  2. that the Report, and in particular Section 4, be submitted as the basis of Angus Council's response to the Scottish Executive's consultation exercise.

6. EXCLUSION OF PUBLIC AND PRESS

The Committee resolved, in terms of Standing Order 27(2) that the public and press be excluded during consideration of the following items, 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, 8, 9 and 10.

7. URGENT WORKS ­ UPDATE

With reference to Article 6 of the minute of meeting of this Committee of 20 December 2000, there was submitted Report No 159/01 by the Director of Planning and Transport detailing the progress on the implementation of urgent works.

The Committee agreed to note the progress on implementing urgent works at the Category A Listed Building and agreed to expenditure of £500, excluding VAT, for a timber specialist report to assist costing of the ongoing survey report.

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