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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 21 February 2002 at 6.00 pm.

Present: Councillors KITTY RITCHIE, FRANK ELLIS, JOHN HENDERSON, ALEX KING, The Hon R J LESLIE MELVILLE, DAVID LUMGAIR, PETER MURPHY and DAVID SELFRIDGE.

Apologies: Apologies for absence were intimated on behalf of Councillors STEWART McGLYNN, BRIAN MILNE, BILL ROBERTON, RICHARD SPEIRS and SANDY WEST

Councillor RITCHIE, Vice-Convener, in the Chair.

1. MINUTES OF PREVIOUS MEETINGS

The minutes of meetings of this Committee of 20 December 2001 and 31 January 2002 and also the minute of the special meeting of 11 January 2002 were approved as correct records and signed by the Vice-Convener.

2. BUILDING WARRANTS

The Committee noted that in the period 21 January ­ 8 February 2002 a total of 1 Staged Warrant, 4 Demolition Warrants, 14 Amendments to Warrants and 74 Building Warrants had been approved with an estimated cost of £3,849,195.

3. WIND FARM, ARKHILL, BY GLAMIS

The Committee was advised that a revised planning application for a proposed wind farm at Arkhill, by Glamis was expected in the near future.

The Committee agreed to engage the services of a specialist noise consultant to verify the findings etc. of the applicant, the cost to be met from the Department's revenue budget.

4. PLANNING APPLICATIONS

(a) Delegated Approvals

There was submitted Report No 239/02 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 24 January ­ 13 February 2002.

(b) Inveraldie Farm, Tealing, by Dundee

There was submitted Report No 240/02 by the Director of Planning and Transport detailing application No 01/01106/TEL by BT Cellnet for the erection of a lattice tower, antennae, cabin and fence at Inveraldie Farm, Tealing. The application was recommended for refusal.

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

(c) 13 Post Box Road, Birkhill

There was submitted Report No 241/02 by the Director of Planning and Transport detailing application No 02/00047/FUL by Mrs K Adamson for alterations and extension to a dwellinghouse at 13 Post Box Road, Birkhill.

The Committee noted that the application had been withdrawn.

(d) Land at Rosemill Cottage, Bridgefoot, Dundee

There was submitted Report No 242/02 by the Director of Planning and Transport detailing application No 01/01158/OUT by Mr R D Williams for the outline erection of a dwellinghouse on land at Rosemill Cottage, Bridgefoot, Dundee.

The Committee noted that the application had been withdrawn.

(e) 10-14 Lower Balmain Street, Montrose

There was submitted Report No 244/02 by the Director of Planning and Transport detailing application No 01/00845/OUT by Mr L Morden for the outline erection of a residential development at 10-14 Lower Balmain Street, Montrose. The Report recommended that the application be refused.

However, the Director reported that, since writing his Report, the applicant had decided to reduce the number of housing units proposed from seven to four. Accordingly, the Health and Safety Executive had confirmed that they were now unlikely to advise against the proposed development. There being no other objections, the amended proposal was now recommended for approval subject to the following condition:-

1. That the site in total is developed for no more than four dwelling units not exceeding a density of 40 dwelling units per hectare.

Reason: In order to comply with the Regulations of the Health and Safety Executive.

The Committee agreed that the application be approved subject to the above condition and any other conditions deemed necessary by the Director of Planning and Transport regarding height, materials and parking etc.

(f) 26 North Latch Road, Brechin

There was submitted Report No 245/02 by the Director of Planning and Transport detailing application No 02/00010/OUT by G Steele's Trust for the erection of a dwellinghouse and garage on land to the rear of 26 North Latch Road, Brechin. The application was recommended for refusal.

Slides were shown.

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

Councillors Murphy and Selfridge declared an interest in the following application and left the meeting during consideration of this item.

(g) 5 Queen Street, Carnoustie

There was submitted Report No 246/02 by the Director of Planning and Transport detailing application No 01/01226/COU by Mr Brian Boyd for the change of use of a store to a house at 5 Queen Street, Carnoustie. The application was recommended for refusal.

Slides were shown and the applicant's agent, Roger Brunton, addressed the meeting.

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

Councillor Henderson joined the meeting at this point ­ 6.10 pm.

(h) Land at Lethnot Road/Slateford Road, Edzell, Brechin

There was submitted Report No 247/02 by the Director of Planning and Transport detailing application No 01/00604/FUL by DLB (Scotland) Limited for the erection of 41 houses on land at Lethnot Road/Slateford Road, Edzell. The application was recommended for conditional approval.

Slides were shown and Ms Jane Fowler, Euan Jeffrey and Henry Jeffrey, all objectors, addressed the meeting.

The Committee agreed to defer consideration of the application to allow further discussion to take place between the applicant and the Roads Department to attempt to meet the objectors' concerns.

(i) 22 Tayside Street, Carnoustie

There was submitted Report No 248/02 by the Director of Planning and Transport detailing application No 01/01144/FUL by Mr & Mrs Brown for the erection of a double garage at 22 Tayside Street, Carnoustie. The application was recommended for conditional approval.

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

(j) 5 Gardyne Street, Letham

There was submitted Report No 249/02 by the Director of Planning and Transport detailing application No 01/01014/COU by M Ashraf for the change of use from shop to restaurant/hot food takeaway at 5 Gardyne Street, Letham. The application was recommended for approval.

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

COUNCILLOR ELLIS, SECONDED BY COUNCILLOR KING, MOVED THAT THE APPLICATION BE REFUSED AS THE LOCATION OF THE PROPOSED TAKE-AWAY WAS DETRIMENTAL TO THE AMENITY OF THE SURROUNDING RESIDENTIAL PROPERTIES.

Councillor Ritchie, seconded by Councillor Selfridge, moved as an amendment that the application be approved as detailed in the Report.

On a vote being taken, the members voted:-

For the motion:-

Councillors Ellis, Henderson, King, Leslie-Melville, Lumgair and Murphy (6).

For the amendment:-

Councillors Ritchie and Selfridge (2)

The motion was declared carried resulting in the application being refused.

(k) 11 Gardyne Street, Letham

With reference to Article 5(a) of the minute of meeting of this Committee of 29 November 2001, there was submitted Report No 250/02 by the Director of Planning and Transport detailing application No 02/00013/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 B Litterick, the objector, addressed the meeting.

The Committee agreed that the application be approved subject to the following amended condition:-

4. That the proposed rear wall (west) of the new house will be set in line with the east edge of the window of the overlooking neighbouring property to the satisfaction of the Director of Planning and Transport.

Reason: In order that the amenity of the neighbouring property shall be adequately safeguarded.

(l) Land at The Welton, Kingoldrum, Kirriemuir

There was submitted Report No 251/02 by the Director of Planning and Transport detailing application No 01/01205/FUL by Mr & Mrs Lang for the erection of a dwellinghouse at The Welton, Kingoldrum, Kirriemuir. The application was recommended for conditional approval subject to a Section 75 Agreement.

Slides were shown and Mrs Scott, the objector, and Mr Lang, the applicant, addressed the meeting.

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

(m) Abbeybank House, Springfield Terrace, Arbroath

There was submitted Report No 252/02 by the Director of Planning and Transport detailing application No 01/00542/OUT by Healthcare Property Company Limited for the outline erection of nine dwellinghouses at Abbeybank House, Springfield Terrace, Arbroath. The application was recommended for conditional approval.

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

(n) Seaton Park, Seaton Road, Arbroath

With reference to Article 3(iv) of the minute of meeting of this Committee of 20 December 2000, there was submitted Report No 253/02 by the Director of Planning and Transport detailing application No 01/01249/FUL by Arbroath Sporting Club for the use of land for weekly car boot sales and lifting of conditions, 1,2,3 and 8 on application No 00/00694/COU at Seaton Park, Seaton Road, Arbroath. The application was recommended for conditional approval.

Slides were shown.

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

(o) 8 Camus Place, Monikie

There was submitted Report No 255/02 by the Director of Planning and Transport detailing application No 02/00019/FUL by Harvest Property Development Limited for the erection of a dwellinghouse (change of house type) at 8 Camus Place, Monikie. The application was recommended for conditional approval.

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

(p) Grange Lodge, Airlie Drive, Monifieth

There was submitted Report No 256/02 by the Director of Planning and Transport detailing application No 01/01120/FUL by H Milne for the outline erection of a dwellinghouse on land at Grange Lodge, Airlie Drive, Monifieth. The application was recommended for conditional approval.

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

5. PLANNING APPEAL DECISION ­ CARAVAN SITE AT ELLIOT, ARBROATH

With reference to Article 3(e) of the minute of meeting of this Committee of 14 June 2001, there was submitted Report No 257/02 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 an extension to a caravan site at Elliot, Arbroath.

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

6. TAYSIDE AREA WASTE PLAN

With reference to Article 5 of the minute of meeting of the Environmental and Consumer Protection Committee of 19 February 2002, the Committee was reminded that the Convener of the Environmental and Consumer Protection Committee and the Convener of Development Control Committee, (member representatives on the Area Waste Group) had been remitted powers to agree the final editorial content of the draft first Tayside Area Waste Plan which would shortly be published for consultation purposes only. The Plan looked at integrated waste management for Tayside and set out initial targets for composting and recycling, together with an Action Plan designed to meet those targets.

The Committee, for its interest, agreed to note the position.

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 possible disclosure of information which was exempt in terms of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973, paragraphs 4, 6 and 8.

8. UNCOMPLETED BUILDING WORKS AT 8 GUTHRIE STREET, FRIOCKHEIM

With reference to Article 6 of the minute of meeting of this Committee of 31 January 2002, the Committee noted that the works to 8 Guthrie Street, Friockheim were progressing to an acceptable standard and it was agreed that slides be shown at the next meeting.

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