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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 15 March 2001 at 6.00 pm.

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

Apologies: Apologies for absence were intimated on behalf of Councillors BRIAN MILNE and RICHARD SPEIRS.

Councillor McGLYNN, Convener, in the Chair.

1. BUILDING WARRANTS

The Committee noted that in the period 12 February to 2 March 2001, a total of 13 Amendments to Warrants and 73 Building Warrants had been approved with an estimated cost of £1,843,555.

2. PLANNING APPLICATIONS

(a) Delegated Approvals

There was submitted Report No 340/01 by the Director of Planning and Transport detailing the applications granted by him 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 15 February to 6 March 2001.

* (b) The Neuk, Church Road, Liff, by Dundee

There was submitted Report No 341/01 by the Director of Planning and Transport detailing Application No 01/00066/LBC by Mr and Mrs S P Mappin for listed building consent for replacement windows at The Neuk (No 2), Church Road, Liff, by Dundee. The application was recommended for refusal.

Slides were shown and Mr Mappin, the applicant, addressed the Committee.

COUNCILLOR McGLYNN, SECONDED BY COUNCILLOR RITCHIE, MOVED THAT THE APPLICATION BE REFUSED FOR THE REASONS DETAILED IN THE REPORT.

Councillor Ellis, seconded by Councillor Henderson, moved as an amendment, that the application be granted.

On a vote being taken, the members voted:-

For the motion:-

Councillors McGlynn, Ritchie, King, Lumgair, Selfridge and West (6).

For the amendment:-

Councillors Ellis, Henderson, Leslie Melville, Murphy and Robertson (5).

The motion was declared carried resulting in the application being refused for the reasons detailed in the Report.

(c) Land at Brechin Road, Montrose

There was submitted Report No 342/01 by the Director of Planning and Transport detailing Application No 00/01000/FUL by Marlane Hill for a residential development and caravan park with toilet/shower and manager's dwelling with integral office/reception on land at Brechin Road, Montrose. The application was recommended for approval.

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

(d) 3-15 Benvie Road, Fowlis, by Dundee

There was submitted Report No 343/01 by the Director of Planning and Transport detailing Application No 01/00063/FUL by Tay Developments Ltd for the erection of seven dwellinghouses at 3-15 Benvie Road, Fowlis, by Dundee. The application was recommended for approval.

Slides were shown.

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

* (e) 18 Osprey View (Plot 19), Piperdam, by Dundee

With reference to Article 2(i) of the minute of meeting of this Committee of 4 May 2000, there was submitted Report No 344/01 by the Director of Planning and Transport detailing Application No 01/00060/FUL by Mr S Donald for the erection of a dwellinghouse at 18 Osprey View (Plot 19), Piperdam, by Dundee. The application was recommended for approval.

The Report indicated that this new application was necessary because, once the development of the previous proposal had commenced on site, it had become clear that the house was different from that granted consent and it was sited closer to the eastern boundary. Substantial underbuild was also included at the southern end which raised the floor level and height of the house.

Slides were shown and a suggested amendment to condition 4 and additional conditions 9 and 10 were also circulated.

COUNCILLOR KING, SECONDED BY COUNCILLOR RITCHIE, MOVED:

  1. THAT THE APPLICATION BE REFUSED ON THE GROUNDS:-
    1. THAT THE HOUSE ON PLOT 19, BY VIRTUE OF ITS CHANGED LOCATION, IS OVER-DOMINANT IN RELATION TO THE ADJACENT EXISTING HOUSE (PLOT 20);
    2. THAT THE SIZE OF THE PROPOSED HOUSE FOOTPRINT, TOGETHER WITH THE INCREASE IN THE HEIGHT OF THE UNDERBUILDING, WOULD CREATE A LACK OF PRIVACY FOR NEIGHBOURING RESIDENTS; AND
    3. THAT THE BUILDING ON PLOT 19 HAS A DETRIMENTAL EFFECT ON ADJACENT BUILDINGS; AND
  2. THAT ENFORCEMENT ACTION BE TAKEN TO RETURN THE SITE TO ITS ORIGINAL CONDITION.

    Councillor Elllis, seconded by Councillor Leslie Melville, moved as an amendment, that the application be granted, as detailed in the Report, subject to the following:-

    Amend condition 1 to read:-

  1. That prior to occupation to the dwellinghouse, the dining room doors be formed with opaque glass, and the balcony at the first floor level include screening at its Eastern End. Details to be submitted via amended plans and to the satisfaction of the Director of Planning and Transport.
  2. Delete condition 2.
  3. Remove circulated amended condition 4 and new conditions 9 and 10.

On a vote being taken, the members voted:-

For the motion:-

Councillors Ritchie, Henderson, King, Murphy, Roberton, Selfridge and West (7)

For the amendment:-

Councillors McGlynn, Ellis, Leslie Melville and Lumgair (4)

The motion was declared carried resulting in the application being refused.

(f) Land Adjacent to the Westway, Arbroath

There was submitted Report No 345/01 by the Director of Planning and Transport detailing Application No 00/01153/OUT by The Patrick Allan-Fraser of Hospitalfield Trust for the outline erection of twelve dwellinghouses on land adjacent to the Westway, Arbroath. The application was recommended for approval.

Slides were shown.

The Committee agreed that the application be approved as detailed in the Report, subject to the following:-

Amend condition 13 to read:-

13. That prior to the occupation of the first house, full details of the Hospitalfield House curtilage landscaping proposals be submitted for the approval of the Director of Planning & Transport and be fully implemented within five years of the date of this planning consent.

Additional condition:-

14. That a form of screening to be agreed with the Director of Planning & Transport be provided along the northern and north-west boundaries adjacent to the public open space, prior to occupation of the houses located there.

(g) Chapelton, by Arbroath

There was submitted Report No 346/01 by the Director of Planning and Transport detailing Application No 00/01099/FUL by J Wallace for the erection of dwellinghouse and detached garage on land at Chapelton, by Arbroath. The application was recommended for approval.

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

Councillor Ellis withdrew from the meeting, at this stage, and took no part in the discussion on the following item.

Councillor King declared an interest in the following application.

(h) 30 Ponderlaw Street, Arbroath

There was submitted Report No 347/01 by the Director of Planning and Transport detailing Application Nos 00/01137/FUL and 00/01138/FUL by Medical Centres (Scotland) Ltd for the erection of a primary care centre at 30 Ponderlaw Street, Arbroath. The application was recommended for approval.

Slides were shown.

The Committee agreed that the application be approved as detailed in the Report, subject to the following amended condition:-

(14) That the boundary stone wall to Ponderlaw Street be improved to the satisfaction of the Director of Planning & Transport.

Councillor The Hon R J Leslie Melville withdrew from the meeting, at this stage, and took no part in the discussion on the following item.

(i) Land at Caldhame Gardens, Brechin

There was submitted Report No 348/01 by the Director of Planning and Transport detailing Application No 01/00048/OUT by J & S Properties Limited for outline permission to erect four dwellinghouses on land at Caldhame Gardens, Brechin. The application was recommended for approval.

Slides were shown and Mr Potter and Mr Titmuss, objectors, addressed the Committee along with Mr Fraser, the applicant's agent.

The Committee agreed that the application be deferred to the next meeting of the Committee.

(j) Tannage Brae, Kirriemuir

There was submitted Report No 349/01 by the Director of Planning and Transport detailing Application No 00/01052 by Angus Housing Association Limited for the erection of four dwellinghouses and nine flats at Tannage Brae, Kirriemuir. The application was recommended for approval.

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

3. REVISION OF SECTION 75 AGREEMENT - DOBBIE'S GARDEN CENTRE, A92, MONIFIETH

With reference to Article 5 of the minute of meeting of this Committee of 20 December 2000, there was submitted Report No 350/01 by the Director of Planning and Transport which detailed the views of Monifieth Community Council and Monifieth Business Association on the relaxation of the Section 75 Agreement requested by Dobbie's. The Report indicated that the Community Council and Business Association were generally supportive of the proposals with no particular objections being raised.

The Committee agreed to amend the Section 75 Agreement covering the proposed visitor centre north of Monifieth to reduce the floor area to be devoted to local produce from 33% to 20% but with the addition of two entrance display areas, one for local produce and one for tourist information and to authorise the Director of Planning and Transport, in consultation with the Director of Law and Administration, to formulate the terms of the revised Agreement.

4. PLANNING APPEAL DECISION - INVERKEILOR, BY ARBROATH

With reference to Article 2(ii) of the minute of meeting of this Committee of 16 March 2000, there was submitted Report No 351/01 by the Director of Planning and Transport detailing the findings of the Reporter appointed by Scottish Ministers to determine the appeal against the refusal of Angus Council to grant consent for change of use of a railway siding at Inverkeilor.

The Committee noted that Scottish Ministers had dismissed the appeal.

5. ENFORCEMENT ACTION ­ 10 NEWTYLE ROAD, MUIRHEAD

There was submitted Report No 352/01 by the Director of Planning and Transport which detailed the circumstances relative to a recommendation to take enforcement action against the owner of the flatted property at 10 Newtyle Road, Muirhead for erecting a shed immediately in front of the bedroom window of the dwellinghouse at 2A Dronley Avenue, Muirhead.

Having heard the Director of Planning and Transport indicate that the shed had now been removed, the Committee noted that enforcement action was no longer necessary.

6. PROPOSED FORMATION OF WIND FARM AT ARK HILL, BY GLAMIS

There was submitted Report No 353/01 by the Director of Planning and Transport which detailed the position in respect of Application No 00/00382/FUL by RES Energy Systems Limited for a Wind Farm at Ark Hill, by Glamis.

The Report indicated that one of the most complex issues of the application for the Ark Hill Wind Farm was the assessment of noise impact. This had been further complicated by the fact that the applicant had recently suggested the possibility of constructing 850 kilowatt turbines with different noise characteristics to those originally proposed.

The Committee agreed to engage noise consultants to verify the findings of the Environmental Impact Assessment submitted by the applicant, having noted that this did not in any way prejudice the determination of planning application No 00/00382/FUL.

7. PERFORMANCE INDICATORS 1999/2000

There was submitted Report No 381/01 by the Director of Planning and Transport which detailed the performance of Building Control and Development Control as drawn from the Report of the Accounts Commission for 1999/2000 in respect of Regulatory Services.

The Committee agreed to note the satisfactory overall performance of the Council's Building Control and Development Control services which compared favourably with other Councils.

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