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 12 July 2001 at 6.00 pm.

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

Apologies: Apologies for absence were intimated on behalf of Councillors The Hon R J LESLIE MELVILLE, BILL ROBERTON, DAVID SELFRIDGE and SANDY WEST.

Councillor McGLYNN, Convener, in the Chair.

1. MINUTES OF PREVIOUS MEETINGS

The minutes of meetings of this Committee of 24 May and 14 June 2001 were submitted as correct records and signed by the Convener.

2. BUILDING WARRANTS

The Committee noted that in the period 4-29 June 2001, a total of 2 Demolition Warrants, 19 Amendments to Warrants, and 141 Building Warrants had been approved with an estimated cost of £3,198,309.

3. LOCATION POLICY IN RESPECT OF APPLICATIONS FOR INTENSIVE LIVESTOCK BUILDINGS

There was submitted Report No 804/01 by the Director of Planning and Transport detailing a proposed policy in respect of the location of intensive livestock buildings in relation to protected buildings which would primarily be residential properties.

The Report indicated that a number of applications for intensive livestock buildings, particularly buildings on existing farms but within close proximity to residential properties, had been received. In view of the issues that the applications could raise and in order to obtain a consistent approach, the Report detailed a policy to form the basis of a decision making process in respect of such applications.

The Report suggested that the main issues which needed to be addressed were the interests of the farmers on the one hand and, on the other hand, the interests of residential amenity. In paragraph 3.1 of the Report, it was made clear that intensive livestock buildings were classified as permitted development provided that they were more than 400 metres from the curtilage of protected buildings, which included houses which were not occupied by people who were involved in farming activity. The withdrawal of these permitted development rights for the construction or extension of use of intensive livestock buildings was intended to provide a 'cordon sanitaire' to protect the amenity of nearby development. The proposed policy was based on not normally allowing new intensive livestock buildings within the 400 metre zone, but was more flexible in respect of its expansion of existing operations, subject to satisfactory technical assessments of odour and noise.

The Convener stated that he agreed with this general approach because he believed that a physical separation of these intensive livestock buildings from residential development was the best way to protect the interests of residents. He also considered that it might also be in the best long term interests of the farming industry because the avoidance of complaints and restrictions on their operations made good business sense and he was mindful that environmental standards and public expectations were likely to rise in the future.

For these reasons, he believed that the proposed policy should conform more closely to what he considered the General Permitted Development (Scotland) Order was attempting to do, ie, to impose a separation distance of 400 metres in all but very exceptional circumstances.

The Committee agreed that the proposed policy be not approved and that the Director of Planning and Transport submit a further Report which was based on a 400 metre exclusion area as the preferred policy option.

4. PLANNING APPLICATIONS

(a) Delegated Approvals

There was submitted Report No 781/01 by the Director of Planning and Transport detailing the applications granted by him in accordance with the Scheme of Delegation appended to Standing Orders.

The Committee agreed to note the applications, detailed in the Appendix to the Report, granted under delegated powers during the period 7 June-3 July 2001.

(b) Parklands Place, Bridgefoot, by Dundee

There was submitted Report No 782/01 by the Director of Planning and Transport detailing Application No 01/00277/FUL by J Clark for the erection of a dwellinghouse at Parklands Place, Bridgefoot, by Dundee. The application was recommended for refusal.

Slides were shown and the applicant's agent, Mr Anderson, 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 MILNE, MOVED AS AN AMENDMENT THAT THE APPLICATION BE APPROVED SUBJECT TO APPROPRIATE CONDITIONS TO BE DETERMINED BY THE DIRECTOR OF PLANNING AND TRANSPORT.

On a vote being taken, the members voted:-

For the motion:-

Councillors McGlynn, Ritchie, Murphy and Speirs (4).

For the amendment:-

Councillors Ellis, Henderson, King, Lumgair and Milne (5).

The amendment was declared carried resulting in the application being approved subject to appropriate conditions to be determined by the Director of Planning and Transport.

Note: Subsequent to this meeting, the Director attached the following conditions to the consent:-

  1. That three parking spaces be provided, two for the house and one for the adjacent flatted property.
  2. That prior to the commencement of the development, details of the means of site enclosure proposed to be used, shall be submitted for the prior approval of the planning authority and be erected on or before completion of the development.
  3. That the roof and external wall finishes be agreed in consultation with and be to the satisfaction of the Director of Planning and Transport prior to the commencement of work.
  4. That the disposal of surface water run-off be to the requirements of SEPA and to the satisfaction of the planning authority.

Reasons

  1. In order that adequate parking provision is made in the interests of road safety and convenience.
  2. In order that the visual amenity of the area shall not be adversely affected.
  3. In order that the Council may verify the acceptability of the proposals on amenity grounds.
  4. In order that the drainage arrangements to serve the site are to the satisfaction of this authority.

(c) McDonalds, Glamis Road, Forfar

There was submitted Report No 783/01 by the Director of Planning and Transport detailing Application Nos 01/00322/FUL and 01/00321/ADV by Format Shopfitting Ltd for the erection of an ATM pod and advertising sign at McDonalds, Halfpennyburn, Glamis Road, Forfar. The application was recommended for refusal.

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

(d) 4 The Fairway, Monifieth

There was submitted Report No 784/01 by the Director of Planning and Transport detailing Application No 01/00464/FUL by Mr Culross for the extension of a house at No 4 The Fairway, Monifieth. The application was recommended for refusal.

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

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

(e) Maywood, Liff Road, Muirhead

There was submitted Report No 785/01 by the Director of Planning and Transport detailing Application No 01/00298/FUL by R Anderson for the erection of a dwellinghouse on ground adjacent to Maywood, Liff Road, Muirhead. The application was recommended for approval.

Slides were shown.

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

(f) Former Craigton Poultry Farm, Craigton of Monikie, Broughty Ferry

There was submitted Report No 786/01 by the Director of Planning and Transport detailing Application No 01/00309/FUL by Harvest Property Developments Ltd for the change of house types of four dwelling units on land at the former Craigton Poultry Farm, Craigton of Monikie, Broughty Ferry, by Dundee. The application was recommended for approval.

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

(g) Fowlis Smiddy, 10 Smiddy Brae, by Dundee

There was submitted Report No 787/01 by the Director of Planning and Transport detailing Applications Nos 01/00369/FUL and 01/00454/LBC by Isis Properties Ltd for the change of use from office to dwellinghouse at the former Smiddy, 10 Smiddy Brae, Fowlis, by Dundee. The application was recommended for approval.

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

(h) Miltonbank, Tealing

There was submitted Report No 788/01 by the Director of Planning and Transport detailing Application No 01/00315/OUT by Messrs Kettles for the outline erection of a dwellinghouse on land opposite Miltonbank, Tealing, by Dundee. An amendment to Section 5 of the Report was circulated at the meeting. The application was recommended for approval.

Slides were shown and Mrs Haggart, an objector, followed by Mr McRae, the applicant's agent, addressed the Committee

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

(i) Fiskens of Forfar, Queenswell Road, Forfar

There was submitted Report No 790/01 by the Director of Planning and Transport detailing Application No 01/00475/FUL by G D Harrow for the erection of a carpet sales and storage unit at Fiskens, Queenswell Road, Forfar. The application was recommended for approval.

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

(j) Pressock Farm, Guthrie

Councillor Lumgair declared an interest in this application and took no part in the consideration thereof.

With reference to Article 3 above, the Committee agreed to defer consideration of Report No 791/01 by the Director of Planning and Transport detailing Application No 01/00038/FUL by Mitchells of Letham Ltd for the erection of a poultry rearing building at Pressock Farm, Guthrie.

(k) 9 Gardyne Street, Letham

There was submitted Report No 792/01 by the Director of Planning and Transport detailing Applications Nos 01/00529/FUL and 01/00530/ADV by Bank of Scotland Property Services for the installation of an autoteller within a security enclosure and the erection of an advertising sign at 9 Gardyne Street, Letham. The application was recommended for approval.

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

(l) Land Adjacent to 5 Muirlands Court, Lunanhead

There was submitted Report No 793/01 by the Director of Planning and Transport detailing Application No 01/00331/COU by A G Spence for the change of use of an area of ground into garden ground on land adjacent to 5 Muirlands Court, Lunanhead. The application was recommended for approval.

Slides were shown.

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

(m) "Karlea", Millfield of Lawton, Arbroath

There was submitted Report No 794/01 by the Director of Planning and Transport detailing Application No 01/00426/FUL by Mr and Mrs Bodman for the erection of a balcony at "Karlea", Millfield of Lawton, by Arbroath. The application (retrospective) was recommended for approval.

Slides were shown.

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

(n) 14 Inchcape Road, Arbroath

There was submitted Report No 795/01 by the Director of Planning and Transport detailing Application No 01/00428/FUL by Mr Wood for the erection of a garage at 14 Inchcape Road, Arbroath. The application was recommended for approval.

Slides were shown.

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

(o) 25 Tay Street, Monifieth

There was submitted Report No 796/01 by the Director of Planning and Transport detailing Application No 01/00463/FUL by Mr and Mrs Millar for alterations and extension to a dwellinghouse at 25 Tay Street, Monifieth. The application was recommended for approval.

Slides were shown and Mrs Shepherd and Mrs McKee, objectors, addressed the Committee.

The Committee agreed that the application be deferred to allow further consultation with the applicant.

(p) 10 St Regulus Road, Monifieth

There was submitted Report No 797/01 by the Director of Planning and Transport detailing Application No 01/00431/FUL by Mr and Mrs Robertson for the installation of a pitched roof at 10 St Regulus Road, Monifieth. The application was recommended for approval.

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

(q) 32 Lindsay Street, Kirriemuir

There was submitted Report No 798/01 by the Director of Planning and Transport detailing Application No 01/00499/FUL by Mr and Mrs McCombie for the erection of a garage at 32 Lindsay Street, Kirriemuir. The application was recommended for approval.

Slides were shown and Mr Boyd, the applicants' agent, addressed the Committee.

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

(r) Land at Turfbeg Farm, Forfar

There was submitted Report No 799/01 by the Director of Planning and Transport detailing Application No 01/00553/FUL by Elite Homes (Tayside) Ltd for the modification of the road layout and change to plot sizes (phase 1) at Turfbeg Farm, Turfbeg Road, Forfar. The application was recommended for approval.

Slides were shown and Mr Maison, an objector, addressed the Committee.

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

(9) That all the houses along the southern boundary and backing on to properties on Inchgarth Avenue be single storey in height.

Reason for Condition

(9) in order that the amenity of nearby occupied premises shall be adequately safeguarded.

(s) Turfbeg Road, Forfar

There was submitted Report No 800/01 by the Director of Planning and Transport detailing Applications Nos. 01/00441/FUL; 01/00451/FUL; 01/00452/FUL; and 01/00453/FUL by Elite Homes (Tayside) Ltd for the erection of dwellinghouses on plots 33, 1, 34 and 28 Turfbeg Road, Forfar. The applications were recommended for approval.

Slides were shown.

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

5. ENFORCEMENT ACTION

(a) 85 Keptie Street, Arbroath

There was submitted Report No 801/01 by the Director of Planning and Transport which detailed the circumstances relative to a recommendation to take enforcement action against the owner of the dwellinghouse at 85 Keptie Street, Arbroath, for installing a satellite antenna which projected above the ridge of the property.

Slides were shown.

The Committee agreed that enforcement action be taken as detailed in the Report.

(b) 8 Guthrie Street, Friockheim

There was submitted Report No 802/01 by the Director of Planning and Transport which detailed the circumstances relative to a recommendation to take enforcement action under the Building (Scotland) Act, in respect of an unfinished house extension at 8 Guthrie Street, Friockheim.

Slides were shown.

The Committee agreed that enforcement action be taken as detailed in the Report.

(c) "Burnside", Lunan Street, Friockheim, by Arbroath

There was submitted Report No 803/01 by the Director of Planning and Transport which detailed the circumstances relative to a recommendation to take enforcement action in respect of the unauthorised erection of a fence at "Burnside", Lunan Street, Friockheim, by Arbroath.

The Committee agreed that enforcement action be taken as detailed in the Report.

6. PLANNING AND PROPERTY INSPECTION

The Committee agreed to inspect certain planning and property works on Wednesday 8 August 2001, and remitted to the Director of Planning and Transport to make the appropriate arrangements.

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.