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MINUTE of MEETING of the DEVELOPMENT CONTROL COMMITTEE held in the Town and County Hall, Forfar on Thursday 18 October 2001 at 6.00 pm.

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

Also present: Councillors IAN MACINTOSH, ALISTAIR GRAY and HELEN OSWALD.

Apologies: Apologies for absence were intimated on behalf of Councillors JOHN HENDERSON and STEWART McGLYNN,

Councillor RITCHIE, Vice-Convener, in the Chair.

1. BUILDING WARRANTS

The Committee noted that in the period 17 September ­ 5 October 2001, a total of 1 Demolition Warrant, 1 Staged Warrant, 6 Amendments to Warrants and 84 Building Warrants had been approved with an estimated cost of £2,921,541.

2. PLANNING APPLICATIONS

(a) Delegated Approvals

There was submitted Report No 1191/01 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 20 September ­ 10 October 2001.

(b) Old Station Yard, Station Road, Friockheim

There was submitted Report No 1192/01 by the Director of Planning and Transport detailing Application No 01/00813/FUL by F Cook for the erection of workshop/offices and new access at Old Station Yard, Station Road, Friockheim.

The Committee noted that the application had been withdrawn.

(c) 17 Ben Hogan Place, Carnoustie

There was submitted Report No 1193/01 by the Director of Planning and Transport detailing Application No 01/00586/FUL by Mr and Mrs Reid for the extension to a dwellinghouse at 17 Ben Hogan Place, Carnoustie.

The Committee noted that the application had been withdrawn.

(d) West Grange Road, Monifieth

There was submitted Report No 1194/01 by the Director of Planning and Transport detailing Application No 00/00291/FUL by Wimpey Homes Holdings Ltd for the erection of 103 dwellinghouses at West Grange Road, Monifieth. The application was recommended for approval.

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

(e) O'Haras Bar, 41 West High Street, Forfar

There was submitted Report No 1196/01 by the Director of Planning and Transport detailing Application Nos. 01/00656/LBC and 01/00655/ADV by Stewart Baxter for the illumination of existing signs at O'Haras Bar, 41 West High Street, Forfar.

The Committee noted that the application had been withdrawn.

(f) Denburn Works, Commerce Street, Brechin

There was submitted Report No 1197/01 by the Director of Planning and Transport detailing Application No 01/00676/FUL and Listed Building Consent Application No 01/00677/LBC by Stevens (Scotland) Ltd for the alteration of a building and formation of car parking area at Denburn Works, Commerce Street, Brechin. The applications were recommended for approval.

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

(g) Land to Innervar, Panmure Road, Monikie

There was submitted Report No 1198/01 by the Director of Planning and Transport detailing Application No 01/00793/OUT by I G C MacDonald & Co for the erection of a Scout Hut facility on land to the west of Innervar, Panmure Road, Monikie. The application was recommended for approval.

Slides were shown and Councillor Oswald, the local member, Mrs Smith, the objector's representative, and Mr MacDonald the applicant, addressed the Committee.

The Committee agreed that the application be deferred to allow the applicant to consult further with the Scout Association.

(h) Land at St Albans, Dalhousie Street, Edzell

There was submitted Report No 1199/01 by the Director of Planning and Transport detailing Application No 01/00903/OUT by Ian A Norrie for the erection of a house on land at St Albans, Dalhousie Street, Edzell. The application was recommended for approval.

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

3. That a vehicular turning space be provided within the site to allow vehicles to enter and leave the site in a forward gear.

Reason:-

3. In the interests of road traffic and/or pedestrian safety.

Councillor Speirs declared an interest in the following application.

(i) Plot 11, Peebles, Letham Grange, Arbroath

There was submitted Report No 1200/01 by the Director of Planning and Transport detailing Application No 01/00730/OUT by A & G Properties for the sub-division of Plot 11 and erection of two dwellinghouses at Plot 11, Peebles, Letham Grange, Arbroath. The application was recommended for approval.

Slides were shown and Councillor Gray, the local member, addressed the Committee on behalf of the objectors.

Councillor Ritchie, seconded by Councillor West, moved that the application be approved as detailed in the Report and subject to the following additional conditions:-

1. That the dwellinghouses be single storey in height.

2. That prior to the commencement of any development on site the existing and proposed ground levels be agreed in writing with the Director of Planning and Transport.

3. That the details submitted in respect of the details of the design of the dwellinghouses include finished floor levels.

COUNCILLOR KING, SECONDED BY COUNCILLOR MILNE, MOVED THAT THE APPLICATION BE REFUSED FOR THE FOLLOWING REASONS:-

1. THAT THE PROPOSED DEVELOPMENT WOULD DETRIMENTALLY AFFECT THE CHARACTER AND RESIDENTIAL AMENITY OF THE SURROUNDING AREA.

2. THAT THE APPLICATION, IF APPROVED, COULD BE CONSIDERED AN UNDESIRABLE PRECEDENT FOR APPLICATIONS OF A SIMILAR NATURE.

3. THAT INSUFFICIENT DRAINAGE CAPACITY EXISTS IN LETHAM GRANGE TO ADEQUATELY DRAIN THE PROPOSED DEVELOPMENT.

On a vote being taken, the members voted:-

For the motion:-

Councillors Ritchie, Selfridge and West (3).

For the amendment:-

Councillors Ellis, King, Leslie-Melville, Lumgair, Milne, Murphy, Roberton and Speirs (8).

The amendment was declared carried resulting in the application being refused for the reasons detailed above.

(j) "Rosedene", Station Road, Barry, Carnoustie

There was submitted Report No 1201/01 by the Director of Planning and Transport detailing Application No 01/00851/FUL by Mr and Mrs L McIntosh for the alteration and extension to a dwellinghouse at "Rosedene", Station Road, Barry, Carnoustie. The application was recommended for approval.

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

(k) 11 Gardyne Street, Letham

There was submitted Report No 1203/01 by the Director of Planning and Transport detailing Application No 01/00788/FUL by B Litterick for the demolition of existing house and erection of a dwellinghouse and garage at 11 Gardyne Street, Letham. The application was recommended for approval.

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

The Committee agreed that the application be deferred to enable sightlines to be clarified.

(l) Land at Slatefield Farm, Dundee Road, Forfar

There was submitted Report No 1204/01 by the Director of Planning and Transport detailing Application No 01/00667/OUT by Select Homes (Tayside) Ltd for the erection of ten houses and associated roads on land at Slatefield Farm, 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.

(m) Crawford Park, Mid Road, Northmuir, Kirriemuir

There was submitted Report No 1205/01 by the Director of Planning and Transport detailing Application No 01/00697/FUL by Mrs K J Smith for the change of use from poultry business to leisure facilities to include indoor go-karting and existing riding school at Crawford Park, Mid Road, Northmuir. The application was recommended for approval.

Slides were shown and Councillor Mackintosh, the local member, addressed the meeting.

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

Amended Condition:-

3. That for a trial period of one year the premises and car park be vacated by the public no later than 10.00 pm on any night, and thereafter the applicant shall agree the hours of operation in writing with the Director of Planning and Transport.

Reason:-

3. In order to fully assess the impact of the proposal and to ensure that the amenity of nearby occupied premises is adequately protected.

Additional Conditions:-

14. That noise levels emanating from the premises shall not exceed 5dBa above ambient as measured at the boundary of the site.

15. That the roof and external wall finishes be agreed in consultation with, and be to the satisfaction of, the Director of Planning and Transport.

Reasons:-

14. In the interests of residential amenity.

15. In the interests of visual amenity.

(n) Land to the Rear of Prior Road/Roberts Street/Wyllie Street, Forfar

There was submitted Report No 1206/01 by the Director of Planning and Transport detailing Application No 01/00455/OUT by W W (Forfar) Ltd for the erection of 6 houses on site 1 and 9 houses and 16 flats on site 2 on land to the rear of Prior Road/Roberts Street/Wyllie Street, Forfar. The application was recommended for approval.

Slides were shown.

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

(o) Montrose Road, Forfar

There was submitted Report No 1207/01 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 application was recommended for approval.

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

3. LAND AT COTSIDE QUARRY, CARNOUSTIE

There was submitted Report No 1208/01 by the Director of Planning and Transport which advised that investigations had been carried out into the background to unauthorised mineral extraction at Cotside Quarry, Carnoustie and proposed that, for the reasons detailed in the Report, the operator be given three months to submit a valid planning application, failing which the matter would be reported back to the Committee.

The Committee agreed to hold in abeyance the pursuance of enforcement action in respect of unauthorised mineral workings at Cotside Quarry and if a valid planning application was not received within three months of the date of the Report, the matter be reported back to the Committee to determine what action to take.

4. TELECOMMUNICATIONS DEVELOPMENTS ­ ADVICE NOTE

With reference to Article 5 of the minute of meeting of this Committee of 30 August 2001, there was submitted Report No 1209/01 by the Director of Planning and Transport which detailed an advice note on telecommunications developments in response to the recent changes in planning legislation.

The Committee agreed to approve the terms of the advice note, appended to the Report, as representing Angus Council's policy on telecommunications development.

5. PLANNING APPEAL DECISION

With reference to Article 3(iii) of the minute of meeting of this Committee of 11 January 2001, there was submitted Report No 1210/01 by the Director of Planning and Transport which presented 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 house at Flocklones, by Invergowrie.

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

6. BUILDING (SCOTLAND) ACT 1959 ­ DANGEROUS BUILDING NOTICE ­ 18-22 HIGH STREET, BRECHIN

There was submitted Report No 1211/01 by the Director of Planning and Transport which sought permission to serve a Notice and subsequently make an Order under the above Act on the owners of 18-22 High Street, Brechin to secure the making safe of the wall adjacent to Cross Keys Close.

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 18-22 High Street, Brechin as detailed in the Report.

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