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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 20 December 2001 at 6.00 pm.

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

Apologies: Apologies for absence were intimated on behalf of Councillors KITTY RITCHIE, DAVID LUMGAIR and PETER MURPHY.

Councillor McGLYNN, Convener, in the Chair.

1. MINUTES OF PREVIOUS MEETINGS

The minutes of meetings of this Committee of 8 and 29 November 2001 were approved as correct records and signed by the Convener.

2. BUILDING WARRANTS

The Committee noted that in the period 19 November ­ 7 December 2001, a total of 3 Demolition Warrants, 8 Amendments to Warrants and 71 Building Warrants had been approved with an estimated cost of £7,210,480.

3. DEVELOPMENT PLAN PROCEDURES

The Committee noted that the recent finding of maladministration against another Scottish local planning authority had revealed a requirement for a procedural change when a Committee approved an application that was contrary to a Development Plan (Structure or Local Plan) when a Director had recommended refusal.

The Ombudsman had determined that objectors to applications involving development contrary to the Development Plan were entitled to know the reasons why such a departure had been approved. Where the departure was recommended for approval by the Director, the reasons for departing from the Local Plan would be encompassed in the Report. Where, however, an application contrary to the Development Plan was approved by the Committee contrary to the Director's recommendation of refusal, no reasons would be included in the Report and in future, in these circumstances, the Committee would require to provide, at the meeting, reasons for departing from the Development Plan in order that they could be conveyed to objectors. This measure should eliminate any possibility of a similar maladministration claim being raised against Angus.

The Committee agreed to note the position and to require any member proposing a motion to approve a planning application contrary to the Development Plan and the Director of Planning and Transport's advice, to provide reasons as part of such motion.

4. PLANNING APPLICATIONS

(a) Delegated Approvals

There was submitted Report No 1436/01 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 22 November ­ 12 December 2001.

(b) Proposed Dwellinghouse at the Dower House, West Balruddery, Invergowrie

With reference to Article 5(d) of the minute of meeting of this Committee of 29 November 2001, and to Article 3 above, there was submitted Report No 1437/01 by the Director of Planning and Transport which detailed proposed conditions for Planning Application 01/00657/FUL by Mr and Mrs B Cruickshank for the erection of a dwellinghouse at the Dower House, West Balruddery, Invergowrie, by Dundee.

The Committee agreed:-

  1. to approve the reasons, circulated by Councillor Ellis, for the departure from the Local Plan, as follows:-

    (a) that the principle of consent for an individual house was already agreed prior to the adoption of the current Angus Local Plan; and

    (b) that a full comprehensive landscaping programme would require to be submitted to the satisfaction of the Director of Planning and Transport to ensure the visual amenity of the area was restored; and

  2. (ii) to approve the conditions detailed in the Report.

(c) Land at Mains of Kirkbuddo, Kirkbuddo, by Forfar

There was submitted Report No 1438/01 by the Director of Planning and Transport detailing Application No 01/00958/OUT by William Nicoll for the erection of a house on land at Mains of Kirkbuddo, Kirkbuddo, by Forfar.

The Committee noted that the application had been withdrawn.

(d) Tesco, Canmore Works, Castle Street, Forfar

There was submitted Report No 1439/01 by the Director of Planning and Transport detailing Application No 01/01075/ADV by Tesco Stores Ltd for the display of advertising signs at Canmore Works, Castle Street, Forfar. The application was recommended for refusal.

Slides were shown.

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

(e) Lunan Bothies, Lunan Bay, Inverkeilor

There was submitted Report No 1440/01 by the Director of Planning and Transport detailing Application No 01/01042/OUT by Acorn Developments (Tayside) Ltd for the erection of a log cabin for holiday accommodation on land at Lunan Bothies, Lunan Bay, Inverkeilor, Arbroath. The application was recommended for refusal.

Slides were shown.

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

(f) Angus Filling Station, Coronation Avenue, Montrose

There was submitted Report No 1441/01 by the Director of Planning and Transport detailing Application No 01/01043/ADV by Primelight Advertising Ltd for the erection of an advertisement at Angus Filling Station, Coronation Avenue, Montrose. The application was recommended for refusal.

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

(g) Land at Newton of Carmyllie, Carmyllie, Arbroath

There was submitted Report No 1442/01 by the Director of Planning and Transport detailing Application No 01/00904/OUT by Mr I F Johnston for outline erection of a dwellinghouse on land at Newton of Carmyllie, Carmyllie, Arbroath. 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) 121 Coupar Angus Road, Muirhead, Dundee

There was submitted Report No 1443/01 by the Director of Planning and Transport detailing Application No 01/01125/COU by James Paul Associates for the change of use from retail to hot food takeaway at 121 Coupar Angus Road, Muirhead, Dundee. The application was recommended for refusal.

Slides were shown and Mr Pritchard, Mr Strachan and Mr Christie, all objectors, and James Paul, on behalf of the applicant, addressed the Committee.

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

(i) 107 Coupar Angus Road, Muirhead, Dundee

There was submitted Report No 1444/01 by the Director of Planning and Transport detailing Application No 01/01134/FUL by Mrs V Barrat for the erection of a conservatory at 107 Coupar Angus Road, Muirhead, 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.

(j) Finavon Hotel, Finavon, by Forfar

There was submitted Report No 1445/01 by the Director of Planning and Transport detailing Application No 01/01035/FUL by Finavon Hotel for the erection of a marquee extension for a period of five years. 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 Little Herdhill, by Kirriemuir

There was submitted Report No 1446/01 by the Director of Planning and Transport detailing Application No 01/00621/OUT by Mr John Learmonth for the erection of a house on land at Little Herdhill, by Kirriemuir. The application was recommended for approval.

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


(l) East Maybank, Shielhill Road, Kirriemuir

There was submitted Report No 1447/01 by the Director of Planning and Transport detailing Application No 01/01076/FUL by Mr and Mrs D Glen for the erection of garage/store and conservatory at East Maybank, Shielhill Road, Kirriemuir. The application was recommended for approval.

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

(m) Land at Howard Street/Baldovan Street, Arbroath

There was submitted Report No 1448/01 by the Director of Planning and Transport detailing Application No 01/01065/FUL by Inverbrothock Homes Ltd for the erection of eight dwellinghouses on land at Howard Street/Baldovan Street, Arbroath. The application was recommended for approval.

Slides were shown.

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

(n) Land to the West of Innervar, Panmure Road, Monikie

With reference to Article 2(g) of the minute of meeting of this Committee of 18 October 2001, there was submitted Report No 1450/01 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 Committee agreed that consideration of the application be deferred to the next meeting.

5. ENFORCEMENT ACTION

(a) Shop Premises at 2 St James Place, Brechin

There was submitted Report No 1451/01 by the Director of Planning and Transport which detailed the circumstances relative to a recommendation to take enforcement action in respect of the unauthorised display of an advertisement, in the form of the painting of the front of a Category C(S) listed shop premises, at 2 St James Place, Brechin.

Slides were shown.

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

(b) Properties at 32 Seagate and 2 West Newgate, Arbroath

There was submitted Report No 1452/01 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 timber structures on top of the flat roofed extensions erected to the rear of the dwellinghouse at 32 Seagate and the public house, known as the Skate Inn, at 2 West Newgate, Arbroath.

Slides were shown.

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

6. PLANNING APPEAL DECISIONS

(a) Southesk Street, Brechin

With reference to Article 4(a) of the minute of meeting of this Committee of 12 July 2001, there was submitted Report No 1453/01 by the Director of Planning and Transport which presented the findings of the Reporter appointed by the Scottish Ministers to determine the appeal against conditions imposed by Angus Council on an application to demolish a listed building at Denburn Works, Southesk Street, Brechin.

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

(b) Pressock Farm, Guthrie

There was submitted Report No 1454/01 by the Director of Planning and Transport detailing the findings of the Reporter appointed by the Scottish Ministers to determine the appeal against the non determination of an application by Angus Council to grant consent for a poultry rearing unit at Pressock Farm, Guthrie.

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

(c) Church Street, Liff

With reference to Article 2(b) of the minute of meeting of this Committee of 15 March 2001, there was submitted Report No 1455/01 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 refusal of Angus Council to grant consent for the replacement of windows at The Neuk, Church Road, Liff.

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

7. EXCLUSION OF PUBLIC AND PRESS

The Committee resolved in terms of Standing Order 27(2) that the public and press be excluded during consideration of the following item so as to avoid the disclosure of information which was exempt in terms of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973 paragraph 6.

8. 8 GUTHRIE STREET, FRIOCKHEIM

With reference to Article 5(b) of the minute of meeting of this Committee of 12 July 2001, there was submitted Joint Report No 1456/01 by the Director of Law and Administration and the Director of Planning and Transport which recommended that a hearing be held before the Development Control Committee under the Building (Procedure) (Scotland) Regulations 1981 in respect of an unfinished house extension at 8 Guthrie Street, Friockheim.

The Committee agreed to hold a hearing under Part IX of the Building (Procedure) (Scotland) Regulations 1981, as detailed in the Report.

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