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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 11 January 2001 at 6.00 pm.

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

Apologies: Apologies for absence were intimated on behalf of Councillors DAVID LUMGAIR and BRIAN MILNE.

Councillor McGLYNN, Convener, in the Chair.

1. BUILDING WARRANTS

The Committee noted that in the period 11 December to 29 December 2000, a total of 14 Amendments to Warrants and 58 Building Warrants had been approved with an estimated cost of £1,360,450.

The Committee resolved, in accordance with Standing Order 11, that the Order of Business would be as detailed below.

2. PLANNING APPLICATION 00/00758/COU - CHANGE OF USE FROM VACANT WAREHOUSE TO TYRE EXHAUST AND BATTERY CENTRE AND MOT STATION AT FERRIER STREET, CARNOUSTIE

With reference to Article 3(iii) of the minute of meeting of this Committee of 20 December 2000, there was submitted Report No 36/01 by the Director of Planning and Transport which proposed conditions to be attached to the consent given to planning application No 00/00758 for a tyre, exhaust and battery centre/MOT station at 9 Ferrier Street, Carnoustie.

Slides were shown and Mr Finlayson and Mr Wooley, two residents of Ferrier Street, Mr Alaistair Stewart, the Chairman of Carnoustie Community Council and Rodger Brunton, the applicant's agent, were heard.

In response to a question, the Director of Law and Administration advised the Committee that, because it was acting in a quasi-judicial manner in connection with a regulatory function, it would not be competent for the decision of 20 December 2000 (to approve the application) to be reconsidered.

COUNCILLOR MCGLYNN, SECONDED BY COUNCILLOR KING, MOVED THAT THE FOLLOWING CONDITIONS BE IMPOSED:-

  1. THAT NOTWITHSTANDING THE PROVISIONS OF THE TOWN & COUNTRY PLANNING (GENERAL PERMITTED DEVELOPMENT) (SCOTLAND) ORDER 1992, THE PREMISES SHALL BE USED AS A TYRE, EXHAUST, BATTERY AND MOT STATION AND NO OTHER PURPOSE WITHIN CLASS 5 OR 6 OF THE TOWN AND COUNTRY PLANNING (USE CLASSES) (SCOTLAND) ORDER 1997 WITHOUT THE BENEFIT OF PLANNING PERMISSION;
  2. THAT NOTWITHSTANDING CONDITION 1, THE PREMISES SHALL NOT BE USED FOR PANEL BEATING OR SPRAY PAINTING;
  3. THAT PRIOR TO THE COMMENCEMENT OF THE USE HEREBY APPROVED, A SCHEME OF SOUND PROOFING SHALL BE UNDERTAKEN WITH DETAILS SUBMITTED FOR THE PRIOR WRITTEN APPROVAL OF THE PLANNING AUTHORITY;
  4. THAT NOISE LEVELS EMANATING FROM THE PREMISES SHALL NOT EXCEED 5DBA/L90 ABOVE AMBIENT AS MEASURED AT THE BOUNDARY OF ANY NEIGHBOURING RESIDENTIAL PROPERTY TO THE SITE;
  5. THAT THE HOURS OF OPERATION BE RESTRICTED TO 0800-1800 ON WEEKDAYS, 0800-1500 SATURDAYS AND NOT AT ALL ON SUNDAYS;
  6. THAT NO WORK, INCLUDING TYRE, EXHAUST OR BATTERY REPLACEMENT OR MOT TESTING, BE CARRIED OUT ON LARGE VEHICLES (OVER 40 CWT.) OR AGRICULTURAL TRACTORS;
  7. THAT NO REPAIR AND/OR MAINTENANCE WORK ON VEHICLES SHALL BE CARRIED ON OUTWITH THE CONFINES OF THE BUILDING;
  8. THAT ALL MATERIALS SHALL BE STORED WITHIN THE BUILDING OR WITHIN THE USED TYRE COMPOUND WITHIN A SEALED UNIT (NOT TO EXCEED TWO METRES IN HEIGHT);
  9. THAT NO VEHICLES BE WORKED ON OR LOADED/UNLOADED WHILST PARKED ON THE PUBLIC HIGHWAY; AND
  10. THAT NOTWITHSTANDING THE PROVISIONS OF THE TOWN & COUNTRY PLANNING (GENERAL PERMITTED DEVELOPMENT) (SCOTLAND) ORDER 1992 NO WINDOWS, DOORS OR OTHER OPENINGS SHALL BE FORMED IN THE BUILDING WITHOUT THE BENEFIT OF PLANNING PERMISSION.

Councillor Murphy, seconded by Councillor Ellis, moved as an amendment approval of the above conditions, with an additional condition that all work take place within the confines of the building, the doors of which to be closed at all times of operation.

On a vote being taken, the members voted:-

For the motion:-

Councillor McGlynn, Henderson, King, Roberton, Selfridge, Speirs and West (7).

For the amendment:-

Councillors Ritchie, Ellis, Leslie Melville and Murphy (4).

The motion was declared carried, resulting in the conditions, detailed above, being approved and attached to the consent of application 00/00758/COU.

3. PLANNING APPLICATIONS

There was submitted Report No 35/01 by the Director of Planning and Transport on applications for planning consent.

  1. Delegated Approvals

    The Committee agreed to note consents issued by the Director of Planning and Transport as detailed in List A of the Report.

  2. Debated Application

    The Committee considered Application 00/01031/FUL by Mr and Mrs Bain for the erection of a dwellinghouse at Flocklones, by Dundee.

    Slides were shown and the applicant addressed the Committee.

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

    Councillor Ellis, seconded by Councillor King, moved as an amendment, that the application be approved conditionally, with suitable conditions to be submitted to the next meeting of this Committee, including one to the effect that prior to the commencement of the development hereby permitted, work be completed on the development of at least three of the houses at Flocklones in terms of the current planning permissions.

    On a vote being taken, the members voted:-

    For the motion:-

    Councillors McGlynn, Ritchie, Henderson, Murphy, Roberton, Selfridge, Speirs and West (8).

    For the amendment:-

    Councillors Ellis, King and Leslie Melville (3).

    The motion was declared carried, resulting in the application being refused as detailed in the Report.

  3. Withdrawn Application

    The Committee agreed to note that application No 00/01053/FUL by Mr Clark for the erection of a dwellinghouse at Parklands Place, Bridgefoot, by Dundee had been withdrawn.

  4. Approvals

    The Committee agreed to grant, subject to the conditions recommended by the Director of Planning and Transport, and/or where recorded any additional or amended conditions approved by the Committee, in respect of the applications detailed in the APPENDIX to this minute.

4. ENFORCEMENT ACTION ­ WEST HILL ROAD, KIRRIEMUIR

There was submitted Report No 37/01 by the Director of Planning and Transport which detailed the circumstances relative to a recommendation to take enforcement action in relation to the erection of a timber fence in excess of one metre in height on the front boundary of No. 5 West Hill Road and the public road in Northmuir, Kirriemuir.

After slides had been shown, the Committee agreed to enforcement action being taken.

5. ENFORCEMENT ACTION ­ AGRICULTURAL LAND ADJACENT TO ACHARN FARM, GLEN DOLL, ANGUS

There was submitted Report No 38/01 by the Director of Planning and Transport which detailed the circumstances relative to a recommendation to take enforcement action in relation to the introduction of a residential caravan onto agricultural land adjacent to the steading and farmhouse at Acharn Farm, Glen Doll, Angus.

After slides had been shown and the owner of the caravan heard, the Committee agreed to enforcement action being taken.

6. ENFORCEMENT APPEAL DECISION - BALRUDDERY MEADOWS, FOWLIS

With reference to Article 5 of the minute of meeting of this Committee of 24 February 2000, there was submitted Report No 39/01 by the Director of Planning and Transport which detailed the findings of the Reporter appointed by the Scottish Ministers to determine the appeal against the service of an Enforcement Notice in respect of the unauthorised erection of buildings at Balruddery Meadows, Fowlis.

The Committee noted that the appeal had been dismissed.

APPENDIX 1 to the minute of meeting of the Development Control Committee of 11 January 2001 (Article 3 refers)

APPROVALS

Application No. Promoter Location Development
       
00/01030/FUL A B Cunningham Building at Millgate Loan/East Mary Street, Arbroath Erection of Security Gates and Fence
(After slides had been shown)
       
00/00969/FUL Angus Housing Association Phase 1 ­ Land at Jubilee Park, Letham, Forfar Housing Development ­ Erection of Three Dwellinghouses
       
00/00978/FUL Eileen M Davidson East Pitkerro Farm, Drumsturdy Road, by Dundee Erection of a Farm Base Support Unit
(After slides had been shown the objector and applicant heard)
       
00/00824/HAZ W J Reid (Fertilisers) Ltd 3 Cobden Street, Montrose

Storage of Ammonium Nitrate

Additional Condition:

That the hazardous substance(s) shall not be kept or used other than in accordance with the application particulars provided in the application form and the attached item "6 – Additional Information", nor outside the area(s) marked for storage of the substance(s) on the plan which formed part of the application.

(After slides had been shown)
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