Angus CouncilTel: 03452 777 778

Development Control Committee

MINUTE of MEETING of the DEVELOPMENT CONTROL COMMITTEE held in the Town and County Hall, Forfar on Thursday 14 March 2002 at 6.00 pm.

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

Apology: An apology for absence was intimated on behalf of Councillor BRIAN MILNE,

Councillor McGLYNN, Convener, in the Chair.

1. BUILDING WARRANTS

The Committee noted that in the period 11 February ­ 1 March 2002 a total of 2 Demolition Warrants, 6 Amendments to Warrants and 73 Building Warrants had been approved with an estimated cost of £2,360,046.

2. PLANNING APPLICATIONS

(a) Delegated Approvals

There was submitted Report No 370/02 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 14 February ­ 6 March 2002.

(b) The Mill House, 3 Smiddy Brae, Fowlis

There was submitted Report No 362/02 by the Director of Planning and Transport detailing application No 02/00051/FUL and listed building consent application No 02/00052/LBC by Tay Developments Limited for the demolition of a dwellinghouse and erection of three dwellinghouses at The Mill House, 3 Smiddy Brae, Fowlis, by Dundee. The applications were recommended for refusal.

Slides were shown.

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

(c) Land at Turfbeg Farm, Turfbeg Road, Forfar

There was submitted Report No 364/02 by the Director of Planning and Transport detailing application No 02/00080/FUL by Elite Homes (Tayside) Limited for the amendment of condition 8 of planning permission 01/00553/FUL affecting boundary treatment on land at Turfbeg Farm, Turfbeg Road, Forfar. The application was recommended for refusal.

The Committee having noted that the application had been withdrawn, agreed that as it was for retrospective permission, enforcement action be taken against the developer to remove the walls that had been erected along the boundary of the site with Turfbeg Road and to rebuild the drystone wall, to the satisfaction of the Director of Planning and Transport.

(d) 2 Laird Street, Monifieth

There was submitted Report No 365/02 by the Director of Planning and Transport detailing application No 01/01245/TEL by Tayside Police for the erection of a radio column at 2 Laird Street, Monifieth. The application was recommended for approval.

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

· That none of the existing trees within the site be felled, topped, lopped or otherwise interfered with without advance discussion with and without the prior written consent of the Director of Planning and Transport.

Reason:

· In order that the general amenity of the area shall not be affected.

(e) 11/12 Westhall Terrace, Duntrune

There was submitted Report No 366/02 by the Director of Planning and Transport detailing application No 02/00135/FUL by Karen Ceasar for the creation of a car parking area at 11/12 Westhall Terrace, Duntrune. The application was recommended for conditional approval.

Slides were shown.

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

2. That the parking area be used for domestic purposes only.

Reason:

2. In order that any change within the relevant use-classes may be subject to the approval of this authority.

(f) Land Adjacent to Dronley Road, Birkhill, Dundee

With reference to Article 4(b) of the minute of meeting of this Committee of 27 September 2002, there was submitted Report No 367/02 by the Director of Planning and Transport detailing application No 01/01031/FUL by A & J Stephen Ltd for a Sustainable Urban Drainage System (SUDS) to serve a proposed housing development on land adjacent to Dronley Road, Birkhill. The application was recommended for conditional approval.

Slides were shown and Mr Phillips, an objector, and Mr Lochhead, the applicant's representative, addressed the meeting.

The Committee agreed that the application be deferred pending further consideration of the SUDS issue at the next meeting to which representatives of SEPA and NOSWA be invited to address the Committee.

(g) 23 Golf Road Park, Brechin

There was submitted Report No 368/02 by the Director of Planning and Transport detailing application No 02/00155/FUL by Mr Ross for the extension of the dwellinghouse at 23 Golf Road Park, Brechin. The application was recommended for approval.

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

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

· That the glass in proposed dormer window to be opaque or frosted.

Reason:

· In the interest of residential amenity

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

With reference to Article 4(h) of the minute of meeting of this Committee of 21 February 2002, there was submitted Report No 369/02 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 Mr Jeffries, an objector, and Mr Leadingham, the applicant's agent, addressed the meeting.

The Committee agreed that the application be approved as detailed in the Report, subject to the following amendment to Condition 18:-

18. That the first house be not occupied until details of proposed footpath provision along the western boundary of the site (on the opposite side of the burn) have been agreed with the Director of Planning and Transport and that the agreed plans be implemented in advance of the development hereby approved being completed.

Reason:

18. In order to enhance the amenity of the proposed development.

(i) Land at Balhousie Farm, Carnoustie

There was submitted Report No 371/02 by the Director of Planning and Transport detailing application No 01/01082/FUL by J Scott Watson for the formation of a quad bike centre, archery range and erection of a reception/restaurant building on land at Balhousie Farm, Carnoustie. An addendum to the Report was also circulated. The application was recommended for conditional approval.

Slides were shown and Mr Munnis, an objector, and Roger Brunton, the applicant's agent, addressed the meeting.

The Committee agreed that the application be approved as detailed in the Report subject to the following amendment to condition 8:-

8. "8.00am and 8.00pm Monday to Saturday" to read "9.00am and 8.00pm Monday to Saturday".

(j) Land at Ernest Street/Hayshead Road/Springfield Terrace and Wesley Gardens, Arbroath

There was submitted Report No 372/02 by the Director of Planning and Transport detailing application No 02/00039/OUT by Ms Margaret Oliver's Executry for the outline erection of four dwellinghouses and relocation of allotment ground on land at Ernest Street/Hayshead Road/Springfield Terrace and Wesley Gardens, Arbroath. The application was recommended for conditional approval.

Slides were shown.

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

· That the proposed dwellinghouse fronting onto Ernest Street be single or one and a half storey in height and be positioned in order to maintain the existing building line fronting onto Ernest Street.

Reason:

· In the interests of visual amenity.

(k) Land at Pitskelly Road, Carnoustie

There was submitted Report No 373/02 by the Director of Planning and Transport detailing application No 01/01219/FUL by Carnoustie Panmure Junior Football Club for the development of a football stadium, comprising a football pitch and stand, an all weather pitch, floodlights and ancillary buildings on land at Pitskelly Road, Carnoustie. The application was recommended for conditional approval.

The Committee agreed that the application be approved subject to the following amendment to condition 11:-

11. "8.00am" to read "9.00am" on both occasions.

(l) Auchterhouse Country Sports, Burnhead Farm, Auchterhouse, Dundee

There was submitted Report No 380/02 by the Director of Planning and Transport detailing application No 02/00062/FUL by Auchterhouse Country Sports to revise condition 6 of consent 01/97/1886/FUL to extend the approved operating hours of the shooting range at the Auchterhouse Country Sports at Burnhead Farm, Auchterhouse. The application was recommended for conditional approval.

Slides were shown and Dr Brush, the objector, and Ian Cram, the applicant's agent, addressed the meeting.

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

(m) Auchterhouse Country Sports, Burnhead Farm, Auchterhouse, Dundee ­ All Terrain Vehicle Course

There was submitted Report No 379/02 by the Director of Planning and Transport detailing application No 02/00065/FUL by Auchterhouse Country Sports to revise condition 6 of consent 01/97/1886/FUL to remove the restriction on operating hours of the "All Terrain Vehicle Course" for Auchterhouse Country Sports at Burnhead Farm, Auchterhouse. The application was recommended for conditional approval.

Slides were shown.

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

3. GETTING INVOLVED IN PLANNING ­ CONSULTATION PAPER FROM THE SCOTTISH EXECUTIVE

With reference to Article 7 of the minute of meeting of the Planning and Transport Policy Committee of 7 March 2002, there was submitted Report No 314/02 by the Director of Planning and Transport detailing the Council's response to the Scottish Executive's Consultation Paper entitled "Getting Involved in Planning" which invited views and experiences on how people could be more effectively involved in the planning system in Scotland.

The Report summarised the scope for improvement and best practice highlighted in the Consultation Paper. A suggested response to the 32 questions was given in Appendix 2 to the Report which took full account of recent experience and current practice in consulting across a wide range of planning matters in Angus.

The Report concluded that the consultation paper raised issues on public involvement, consultation and participation across a wide range of land use planning matters and activities. Experience in Angus had confirmed that it was important to continue to pursue an open and innovative approach tailored to local circumstances and opportunities, including taking full account of land use planning requirements alongside corporate initiatives of the Council.

Whilst in respect of the development control procedures there were some good suggestions in the Consultation Paper and others worthy of further consideration, at a time when speed of processing was paramount with the Government, many of the suggestions would have the opposite effect. In many cases, additional staff and therefore additional costs would be essential. There was also a risk of overly complicating the system and making it too costly for the user. The Executive must therefore balance the issues at the end of the day, or a poorer, not a better product, would be the outcome.

The Committee, for its interest, agreed:-

  1. to note the contents of the Consultation Paper published by the Scottish Executive on "Getting Involved in Planning";
  2. to note the proactive approach and wide ranging initiatives already adopted in Angus to consultation and involvement in land use planning, which extended beyond development planning and development control to also encompass building control, conservation and transport matters; and
  3. to forward a copy of the Report to the Scottish Executive as Angus Council's response to the Consultation Paper, drawing attention to the discussion in Part 4 of the Report and answers to specific questions set out in Appendix 2.

4. STORM DAMAGE ­ PROPERTY IN ANGUS

There was submitted Report No 381/02 by the Director of Planning and Transport which summarised the action taken by the Building Control Section of the Planning and Transport Department in response to the damage to property in Angus as a result of the storms during the week commencing 28 January 2002 and to raise awareness of the issues which should be addressed by property owners following the storms.

The Report indicated that much of the damage to chimneys had varied from total collapse to chimney pots being dislodged. The extent of the Building Control Section's involvement was in ensuring that the Roads Department had closed off the road until the rubble had been removed from the road or ensuring that the owners of the buildings in question took steps to make them safe.

While the powers available to the Council were clear and were actively pursued by Building Control, they did not remove the duty of care on all property owners to ensure that any buildings under their ownership were:-

  1. fit for purpose in terms of everyday occupation and use and that they did not become dangerous; and
  2. adequately maintained to avoid actual or potential areas of serious disrepair.

Accordingly, it was particularly important that this duty was recognised and acted upon. By publicising owners' responsibility, it was hoped that building owners would act responsibly in maintaining their properties. It was intended to raise awareness of this responsibility through increased publicity.

The Committee agreed to note the terms of the Report and, in particular, that owners of buildings had a duty of care to ensure that any buildings under their ownership were fit for purpose in terms of everyday occupation and use such that dangerous conditions did not arise or, if they did, they were immediately addressed, and that the building was adequately maintained to avoid actual or potential areas of serious disrepair.

5. 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.

6. 8 GUTHRIE STREET, FRIOCKHEIM

With reference to Article 8 of the minute of meeting of this Committee of 21 February 2002, the Director of Planning and Transport updated the Committee on the progress of 8 Guthrie Street, Friockheim and showed slides on the property at the present time.

The Committee agreed to note the progress and welcomed the improvements made to date.

Get Adobe Reader Adobe Reader is required to view the PDF documents on this page. If you don't have it, download it free from www.adobe.com.