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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 30 August 2001 at 6.00 pm.

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

Apology: An apology for absence was intimated on behalf of Councillor KITTY RITCHIE.

Also in Attendance: Councillor Ian Mackintosh.

Councillor McGLYNN, Convener, in the Chair.

1. BUILDING WARRANTS

The Committee noted that in the period 30 July-17 August 2001, a total of 17 Amendments to Warrants, and 108 Building Warrants had been approved with an estimated cost of £2,185,453.

2. DEPUTATION

The Committee agreed, in accordance with Standing Order 12 to hear a deputation in connection with the location policy in respect of applications for intensive livestock buildings.

Mr Joseph Mitchell representing the chicken industry and Mr Mark Ogg representing the pig industry spoke against the policy.

After questions had been asked and answered, Mr Mitchell and Mr Ogg were thanked for their attendance and withdrew to the public benches.

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

With reference to Article 4 of the minute of meeting of this Committee of 9 August 2001, there was submitted Report No 995/01 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 had been lodged (buildings for housing pigs, poultry, rabbits or animals bred for their skin or fur), some within close proximity to residential property, and it was felt appropriate to produce a policy to form a basis for the decision making process in respect of such applications. It was therefore proposed that such buildings should be located at least 400 metres from adjacent dwellinghouses.

The Report advocated a precautionary approach if such developments were not to cause problems to nearby residents whose complaints in turn could jeopardise the viability or continuing use of newly approved livestock buildings. Accordingly, the adoption of the policy could protect both sides ­ farmers and residents.

Councillor Mackintosh addressed the Committee expressing his concerns regarding the proposed policy as detailed in the Report.

COUNCILLOR McGLYNN, SECONDED BY COUNCILLOR ELLIS MOVED THAT THE COMMITTEE APPROVE THE RECOMMENDATIONS IN REPORT 995/01 AND ADOPT THE FOLLOWING AS A POLICY FOR THE DETERMINATION OF INTENSIVE LIVESTOCK BUILDINGS:-

  1. THAT IN RESPECT OF PROPOSALS FOR INTENSIVE LIVESTOCK BUILDINGS, CONSENT WOULD NOT NORMALLY BE FORTHCOMING IF THE PROPOSAL WAS LOCATED WITHIN 400 METRES OF THE CURTILAGE OF A PROTECTED BUILDING;
  2. IN ALL CASES THE SCALE, DESIGN, ACCESS, TRAFFIC IMPLICATIONS AND WASTE DISPOSAL MEASURES OF THE INTENSIVE LIVESTOCK BUILDING MUST BE APPROPRIATE AND ACCEPTABLE TO ITS LOCATION; AND
  3. CONSENTS WOULD NOT NORMALLY BE GRANTED FOR NEW (NON-AGRICULTURALLY RELATED) HOUSES WITHIN 400 METRES OF AN EXISTING OR PROPOSED INTENSIVE LIVESTOCK BUILDING.

Councillor Leslie-Melville, seconded by Councillor Lumgair, moved as an amendment, that the Committee:-

  1. do not adopt a policy for the determination of intensive livestock buildings; and
  2. continue its current practice of determining each planning application on its own merits taking into account the requisite assessments.

On a vote being taken, the members voted:-

For the motion:-

Councillors McGlynn, Ellis, Henderson, King, Milne, Roberton, Selfridge, Speirs and West (9).

For the amendment:-

Councillors Leslie-Melville, Lumgair and Murphy (3).

The motion was declared carried resulting in the policy being approved as detailed in the Report.

2. PLANNING APPLICATIONS

(a) Delegated Approvals

There was submitted Report No 971/01 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 2-22 August 2001.

(b) 6 Guthrie Crescent, Friockheim

There was submitted Report No 972/01 by the Director of Planning and Transport detailing Application No 01/00664/FUL by Mr Alexander and Mrs Eggie for the erection of a conservatory at 6 Guthrie Crescent, Friockheim. The application was recommended for refusal.

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

(c) Plot 4, 14 Court Hillock Gardens, Kirriemuir

There was submitted Report No 973/01 by the Director of Planning and Transport detailing Application No 01/00689/FUL by Mr and Mrs I McKenna for alterations to a dwellinghouse at Plot 4, 14 Court Hillock Gardens, Kirriemuir. The application was recommended for refusal.

Slides were shown.

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

(d) Raesmill Farmhouse, Inverkeilor, by Arbroath

There was submitted Report No 974/01 by the Director of Planning and Transport detailing Applications Nos 01/00600/FUL and 01/00601/LBC by Mr C Hay for the erection of an extension to a dwellinghouse and partial demolition of an outhouse at Raesmill Farmhouse, Inverkeilor, by Arbroath. Both applications were recommended for refusal.

Slides were shown.

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

(e) Huntingfaulds Road, Tealing, by Dundee

There was submitted Report No 975/01 by the Director of Planning and Transport detailing Application No 01/00576/OUT by Mr and Mrs I Tierney for the proposed erection of a dwellinghouse at Huntingfaulds Road, Tealing, by Dundee. The application was recommended for refusal.

The Committee agreed that the application be deferred to allow the applicant, who was on holiday, to attend the meeting.

(f) Land Adjacent to Hill Cottage, Burnside of Duntrune, Dundee

There was submitted Report No 976/01 by the Director of Planning and Transport detailing Application No 01/00620/FUL by Mr J Prevost for the erection of a dwellinghouse on land adjacent to Hill Cottage, Ballumbie Road, Dundee. The application was recommended for refusal.

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

(g) Land Adjacent to Bridge Cottage, Burnside of Duntrune, Dundee

There was submitted Report No 977/01 by the Director of Planning and Transport detailing Application No 01/00619/FUL by Ms Zoe Harrod for the erection of a dwellinghouse on land adjacent to Bridge Cottage, Ballumbie Road, Dundee. The application was recommended for refusal.

Slides were shown.

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

(h) Land at Netherton, by Brechin

There was submitted Report No 978/01 by the Director of Planning and Transport detailing Application No 01/00436/OUT by Harry Barclay and Brian Stewart for the erection of three houses on land at Netherton, by Brechin.

The Committee noted the application had been withdrawn.

(i) Land at Tigh Na Coille, Bowriefauld

There was submitted Report No 979/01 by the Director of Planning and Transport detailing Application No 01/00521/FUL by Mr and Mrs Forbes for the erection of a dwellinghouse at Tigh Na Coille, Bowriefauld. The application was recommended for refusal.

Slides were shown and Mr Hynd, the applicant's agent, addressed the meeting.

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

COUNCILLOR LUMGAIR, SECONDED BY COUNCILLOR SPEIRS, MOVED THAT THE APPLICATION BE APPROVED WITH THE FOLLOWING CONDITIONS:-

  1. That the access point into the site be relocated along the "Green Road" further from the public road, the precise distance to be to the agreement of the Director of Planning & Transport.
  2. That the external wall finish be tinted or coloured to the satisfaction of the planning authority in consultation with the Director of Planning and Transport.

Reasons:

  1. In the interests of road traffic and/or pedestrian safety
  2. In order to enhance the architectural appearance of the building.

On a vote being taken, the members voted:-

For the motion:-

Councillors McGlynn, King, Milne, Selfridge and West (5).

For the amendment:-

Councillors Ellis, Henderson, Leslie-Melville, Lumgair, Murphy, Roberton and Speirs (7).

The amendment was declared carried resulting in the application being conditionally approved.

(j) 34 South Street, Kirriemuir

There was submitted Report No 995/01 by the Director of Planning and Transport detailing Application No 01/00626/OUT by S & F Cameron for the erection of a dwellinghouse and garage at 34 South Street, Kirriemuir. The application was recommended for refusal.

Slides were shown and Mr Enston, the applicant's representative, addressed the meeting.

The Committee agreed that the application be granted with the following conditions:-

  1. That no development commence until confirmation from NoSWA has been received that a connection can be made to the public sewer.
  2. That the front elevation of the building be sited on a line 10 metres from the black of the footpath or verge to North Mains Road.
  3. That the building(s) be single storey in height.
  4. 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.
  5. That a vehicular turning space be provided within the site to allow vehicles to enter and leave the site in a forward gear.

Reasons:

  1. In order that the planning authority is assured that the drainage arrangement to serve the site is satisfactory.
  2. In order that he visual amenity of the area shall not be adversely affected.
  3. In order that the visual amenity of the area shall not be adversely affected.
  4. In order that the visual amenity of the area shall not be adversely affected.
  5. In the interests of road traffic and/or pedestrian safety.
(k) Burnside, 12 Lunan Street, Friockheim

There was submitted Report No 981/01 by the Director of Planning and Transport detailing Application No 01/00672/FUL by Mr W M Scott for alterations to the boundary wall/fence and the erection of a double garage and garden shed at Burnside, 12 Lunan Street, Friockheim. The application was recommended for approval.

Slides were shown.

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

(l) Montrose Road, Forfar

There was submitted Report No 988/01 by the Director of Planning and Transport detailing Application No 01/00208/FUL by A & J Stephen Ltd for the erection of 25 dwellinghouses at Montrose Road, Forfar.

The Committee noted that the application had been deferred to allow the applicant to receive a response from NoSWA on drainage constraints.

(m) 25 Provosts Walk, Monifieth

With reference to Article 2(f) of the minute of meeting of this Committee of 9 August 2001, there was submitted Report No 982/01 by the Director of Planning and Transport detailing Application No 01/00596/FUL by Mr and Mrs Ali for the extension of a dwellinghouse at 25 Provosts Walk, Monifieth. The application was recommended for approval.

Slides were shown and Mr McGourk, an objector, addressed the meeting.

The Committee agreed that the application be refused as the proposed development, by way of its design, would appear incongruous within the townscape, and as such was contrary to Policy H24 of the Angus Local Plan.

(n) Land at Loanhead, Lintrathen, Kirriemuir

There was submitted Report No 983/01 by the Director of Planning and Transport detailing Application No 01/00651/FUL by W Houston for the erection of a dwellinghouse at Loanhead, Lintrathen, Kirriemuir. The application was recommended for approval.

Slides were shown and Mr Joe Dagan, the objector's agent, and Mr Stewart, the objector's solicitor, addressed the meeting.

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

Councillor Leslie Melville declared an interest in the following item and took no part in the consideration thereof.

(o) 19 Clerk Street, Brechin

There was submitted Report No 984/01 by the Director of Planning and Transport detailing Application No 01/00698/COU by Brechin and District Youth Project for the change of use from a vacant shop to a drop-in centre at 19 Clerk Street, Brechin. The application was recommended for approval.

Slides were shown.

The Committee agreed that the application be approved subject to the following amended conditions.

1. That the hours of operation be restricted to between the hours of 9.00 am to 10.30 pm.

3. That band practice be restricted to the hours of 6.30 pm and 8.30 pm Monday to Saturday and not at all on Sunday.

(p) Land at 5 Inchgarth Street, Forfar

There was submitted Report No 985/01 by the Director of Planning and Transport detailing Application No 01/00661/OUT by Gordon Graham for the erection of a house at 5 Inchgarth Street, Forfar. The application was recommended for approval.

Slides were shown.

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

(q) Land at Watson Street, Letham

With reference to Article 2(o) of the minute of meeting of this Committee of 9 August 2001, there was submitted Report No 986/01 by the Director of Planning and Transport detailing Application No 01/00568/OUT by Ian Robbie for the erection of two dwellinghouses on land at Watson Street, Letham. The application was recommended for approval.

Slides were shown and Mr Meldrum, an objector, and Mr Boyd, the applicant's agent, addressed the meeting.

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

(r) Oathlaw Pottery, Oathlaw, by Forfar

There was submitted Report No 987/01 by the Director of Planning and Transport detailing Application No 01/00645/COU and 01/00654/LB3 by Ian and Maggie Kinnear for the change of use of part of a pottery to form part of a house and the erection of a new kiln room at Oathlaw Pottery, Oathlaw, by Forfar. The application was recommended for approval.

Slides were shown and Mr Wardhaugh, the objector's representative, and Mr Kinnear the applicant, addressed the meeting.

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

4. PLANNING APPEAL DECISIONS

(a) Brechin Road, Montrose

With reference to Article 2(ii) of the minute of meeting of this Committee of 31 August 2000, there was submitted Report No 992/01 by the Director of Planning and Transport detailing 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 four houses at Brechin Road, Montrose.

The Committee noted that the Scottish Ministers had dismissed the appeal.

(b) Halkerton Rise, Forfar

With reference to Article 3(ii) of the minute of meeting of this Committee of 9 November 2000, there was submitted Report No 993/01 by the Director of Planning and Transport detailing 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 dwellinghouse at Halkerton Rise, Forfar.

The Committee noted that the Scottish Ministers had dismissed the appeal.

5. RADIO TELECOMMUNICATIONS ­ REVISION OF GENERAL PERMITTED DEVELOPMENT ORDER

With reference to Article 5 of the minute of meeting of this Committee of 1 February 2001, there was submitted Report No 994/01 by the Director of Planning and Transport which advised that the Scottish Executive had introduced extended planning controls over the installation of telecommunications equipment. The Report detailed the changes and conveyed guidance from the Scottish Executive contained in a new National Planning Policy Guideline in Radio Telecommunications (NPPG19).

Following extensive consultation and assessment, the Scottish Executive had determined to take away the wide-ranging permitted development rights accorded to telecommunications operators. This had required extensive adjustments to Section 67 of the Town and County Planning (General Permitted Development) (Scotland) Order 1992. The new provisions had come into effect from the beginning of August 2001.

The Report concluded that the publication of revised guidance was to be welcomed as was the introduction of a requirement to seek planning permission for most telecommunications infrastructure. The associated neighbour notification requirements would also be helpful in raising awareness of proposals for new masts or significant extensions to existing masts. However, it was unlikely that people who had been concerned with the potential health risks associated with the telecommunications masts would find the guidance to planning authorities on dealing with health issues to be acceptable. The Scottish Executive had made it clear that the health effects were matters for Government and radio frequency emissions should not be regarded as material considerations in relation to planning applications. Indeed, the guidance meant that representations on non-material matters ­ which would include health matters ­ should not necessitate planning applications being referred to Committee for decision.

However, until such time as the Committee had reviewed experience of the removal of permitted development rights the Director of Planning and Transport would continue to report all objections to such applications to the Committee.

The Committee agreed:-

  1. to note the contents of the Report and the granting of planning controls over telecommunications installations; and
  2. that the Director of Planning and Transport prepare a policy in respect of the use of these new powers.
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