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MINUTE of MEETING of the DEVELOPMENT CONTROL COMMITTEE held in the Town and County Hall, Forfar on Thursday 27 September 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, BRIAN MILNE, PETER MURPHY, BILL ROBERTON, DAVID SELFRIDGE and SANDY WEST.

Apology: An apology for absence was intimated on behalf of RICHARD SPEIRS.

Councillor McGLYNN, Convener, in the Chair.

1. MINUTES OF PREVIOUS MEETINGS

The minutes of meetings of this Committee of 12 July, 9 August and 30 August 2001 were submitted as correct records and signed by the Convener.

2. BUILDING WARRANTS

The Committee noted that in the period 20 August to 14 September 2001, a total of 2 Demolition Warrants, 12 Amendments to Warrants, and 113 Building Warrants had been approved with an estimated cost of £3,099,388.

3. PLANNING APPLICATIONS

(a) Delegated Approvals

There was submitted Report No 1062/01 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 23 August to 19 September 2001.

(b) Land at James Street/Thomas Street, Carnoustie

There was submitted Report No 1063/01 by the Director of Planning and Transport detailing Application No 01/00393/OUT by Mr A Sutherland for the erection of three houses on land at James Street/Thomas Street, Carnoustie.

The Committee noted that the application had been withdrawn.

(c) 3 Rowan Place, Bridgefoot, by Dundee

There was submitted Report No 1064/01 by the Director of Planning and Transport detailing Application No 01/00518/FUL by Eric Strachan for the erection of a dwellinghouse at 3 Rowan Place, Bridgefoot, by 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.

(d) Jungle Kids, Dronley Road, Birkhill, by Dundee

There was submitted Report No 1065/01 by the Director of Planning and Transport detailing Application No 01/00581/OUT by William Barnett for the extension of existing premises to form new bar/restaurant and extend existing car parking area at Jungle Kids, Dronley Road, Birkhill, by Dundee. The application was recommended for refusal.

Slides were shown and the applicant, Mr Barnett, addressed the meeting.

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

(e) Flicks Nightclub, 75, 79-81 High Street, Brechin

There was submitted Report No 1066/01 by the Director of Planning and Transport detailing Application No 01/00765/FUL by Mr M Sievewright for the repainting of the building and formation of a disabled persons access at Flicks Nightclub, 75, 79-81 High Street, Brechin. The application was recommended for approval.

Slides were shown and the applicant, Mr Sievewright, addressed the meeting.

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

(f) 59 John Street, Montrose

There was submitted Report No 1067/01 by the Director of Planning and Transport detailing Application No 01/00724/COU and 01/00734/LBC by Aberfeldy Development Company Limited for the change of use from printing works (Class 4) to food and drink (Class 3) at 59 John Street, Montrose. The application was recommended for refusal.

Slides were shown and objectors, Mrs Tavendale, Mr Doig, Mrs Stewart and Mrs Wyper, addressed the meeting.

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

(g) Land to the Rear of Prior Road/Roberts Street/North Street, Forfar

There was submitted Report No 1068/01 by the Director of Planning and Transport detailing Application No 01/00456/FUL by W W Forfar Ltd for the erection of 41 dwellinghouses on land to the rear of Prior Road/Roberts Street/North Street, Forfar. The application was recommended for approval.

Slides were shown and Mr Suttie, the objector's representative, addressed the meeting.

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

(h) Brechin Golf and Squash Club, Trinity, by Brechin

There was submitted Report No 1069/01 by the Director of Planning and Transport detailing Application No 01/00614/FUL by Brechin Golf and Squash Club for the alteration and extension of clubhouse, formation of new car parking and realignment of road at Brechin Golf and Squash Club, Trinity, by Brechin. The application was recommended for approval.

Slides were shown.

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

(i) 10 St Mary Street, Brechin

There was submitted Report No 1070/01 by the Director of Planning and Transport detailing Application No 01/00766/FUL by Lloyds TSB Bank plc for the installation of a satellite antenna at 10 St Mary Street, Brechin. The application was recommended for approval.

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

(j) Keptie Road, Arbroath

There was submitted Report No 1071/01 by the Director of Planning and Transport detailing Application No 01/00801/LBC by BT Cellnet Ltd, for the installation of three antennae, equipment cabins, lifting beams, temporary access hatches and replacement mesh screens within the Bell Tower at Arbroath West Kirk, Keptie Road, Arbroath. The application was recommended for approval.

Slides were shown.

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

(k) Land at Kinnell Gardens, Friockheim

There was submitted Report No 1072/01 by the Director of Planning and Transport detailing Application No 01/00749/FUL by Kinnell Homes for the erection of 16 houses on land at Kinnell Gardens, Friockheim. The application was recommended for approval.

Slides were shown and Mr Lowther, on behalf of Friockheim Community Council and as an objector himself, and Mr Adam, the applicant's architect, addressed the meeting.

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

Councillor Milne left the meeting at this point (7.59 pm).

(l) 51 Ferry Road, Monifieth

There was submitted Report No 1073/01 by the Director of Planning and Transport detailing Application No 01/00593/FUL by Mr Ross for the extension of a dwellinghouse at 51 Ferry Road, Monifieth. The application was recommended for approval.

Slides were shown and Mrs Graham, the objector, addressed the meeting.

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

(m) 12 Balmashanner Place, Forfar

There was submitted Report No 1074/01 by the Director of Planning and Transport detailing Application No 01/00628/FUL by Mr and Mrs I Farquhar for alterations to a dwellinghouse at 12 Balmashanner Place, Forfar. The application was recommended for approval.

Slides were shown and Mr Hargraves, the objector, addressed the meeting.

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

(n) 128 Dundee Road, Forfar

There was submitted Report No 1075/01 by the Director of Planning and Transport detailing Application No 01/00708/FUL by Mr Irvine for alterations to a dwellinghouse at 128 Dundee Road, Forfar. The application was recommended for approval.

Slides were shown.

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

(o) 8 Inver Terrace, Muirhead

There was submitted Report No 1076/01 by the Director of Planning and Transport detailing Application No 01/00741/FUL by Mr and Mrs Robertson for the extension of the dwellinghouse at 8 Inver Terrace, Muirhead. The application was recommended for approval.

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

(p) 7 Drummers Dell, Forfar

There was submitted Report No 1077/01 by the Director of Planning and Transport detailing Application No 01/00744/FUL by Mr and Mrs Fisken for the erection of a double garage and conservatory at 7 Drummers Dell, Forfar. The application was recommended for approval.

Slides were shown and Mr Nicoll and Mrs Stewart, objectors, and Mr Culloch, the applicant's agent, addressed the meeting.

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

2. That the three smaller panels of glazing on the eastern elevation of the proposed conservatory be finished in an opaque material, a sample of which is to be provided for the prior approval of the Director of Planning and Transport.

Reason

In the interest of the amenity of the adjacent residential property.

(q) 11 Hillview, Brechin

There was submitted Report No 1078/01 by the Director of Planning and Transport detailing Application No 01/00756/FUL by Mr R Dalgarno for the erection of a garage at 11 Hillview, Brechin. The application was recommended for approval.

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

(r) Octa Petrol Filling Station, 42 High Street, Monifieth

There was submitted Report No 1079/01 by the Director of Planning and Transport detailing Application No 01/00746/FUL by Osprey Forecourts for the extension to an existing filling station shop/kiosk at Octa Petrol Filling Station, 42 High Street, Monifieth. The application was recommended for approval.

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

(s) West Bankhead Farm, Wellbank, by Dundee

There was submitted Report No 1080/01 by the Director of Planning and Transport detailing Application No 01/00728/FUL by W W Forfar Ltd for the conversion of steading to dwellinghouse and the erection of a new dwellinghouse at West Bankhead Farm, Wellbank, by Dundee. The application was recommended for approval.

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

(t) Gordon House, Main Road, Hillside

There was submitted Report No 1081/01 by the Director of Planning and Transport detailing Application Nos. 01/00678/COU and 01/00696/LBC by P Chamberlain for the erection of a garage block and change of use/extension to form dwellinghouse at The Coach House, Gordon House, Main Road, Hillside. The applications were recommended for approval.

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

(u) Western Road, Montrose

There was submitted Report No 1082/01 by the Director of Planning and Transport detailing Application No 01/00365/FUL by Tesco Stores Ltd for the erection of a petrol filling station and jet wash facility at Western Road, Montrose. The application was recommended for approval.

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

At 8.55 pm the Committee agreed in terms of Standing Order 20(8), that the meeting be continued for a period of 30 minutes.

(v) Huntingfaulds Road, Tealing, by Dundee

With reference to Article 4(e) of the minute of meeting of this Committee of 30 August 2001, 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 erection of a dwellinghouse at Huntingfaulds Road, Tealing, by Dundee. The application was recommended for refusal.

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

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

4. PLANNING APPEAL DECISIONS

(a) Balruddery Meadows, Invergowrie

With reference to Article 3(v) of the minute of meeting of this Committee of 13 July 2000, there was submitted Report No 1083/01 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 three houses at Balruddery Meadows, by Invergowrie.

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

(b) Dronley Road, Birkhill

With reference to Article 3(g) of the minute of meeting of this Committee of 22 February 2001, there was submitted Report No 1084/01 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 a housing development at Dronley Road, Birkhill.

Mr Phillips a local resident, addressed the meeting expressing disappointment at the Reporter's decision to uphold the appeal.

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

5. TAYSIDE AREA WASTE PLAN ­ PROGRESS REPORT

With reference to Article 9 of the minute of meeting of the Environmental and Consumer Protection Committee of 25 September 2001, there was submitted Joint Report No 1085/01 by the Director of Planning and Transport and the Director of Environmental and Consumer Protection updating the Committee on progress being made by the Tayside Area Waste Member/Officer Group towards preparation and publication of a Draft Area Waste Plan.

The Committee, for its interest, agreed:-

  1. to note the progress to date towards the preparation of a Draft Area Waste Plan for Tayside and in particular the forthcoming publication of an options paper for wider community consultation purposes; and
  2. to remit to the Conveners of Environmental and Consumer Protection and Development Control Committees (the member representatives on the Area Waste Group) to approve the final editorial content of the Draft Area Waste Plan which would be published for consultation purposes only, towards the end of 2001.

6. BUILDING (SCOTLAND) ACT 1959 ­ DANGEROUS BUILDING NOTICE ­ 35 CHURCH STREET, NEWTYLE

There was submitted Report No 1086/01 by the Director of Planning and Transport advising of a need to serve a Section 13 Order on the owners of 35 Church Street, Newtyle to secure the removal of parts of a dangerous building.

The Committee agreed to approve the serving of a Dangerous Building Notice (Section 13 Order) under the Building (Scotland) Act 1959 on the owners of 35 Church Street, Newtyle, as detailed in the Report.

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