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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 June 2002 at 6.00pm.

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

Apology: An apology for absence was intimated on behalf of Councillor DAVID LUMGAIR.

Councillor McGLYNN, Convener, in the Chair.

1. BUILDING WARRANTS

The Committee noted that in the period 20 May-7 June 2002 a total of 12 Amendments to Warrants and 81 Building Warrants had been approved with an estimated cost of £3,427,432.

2. DEVELOPMENT CONTROL COMMITTEE ­ SUMMER RECESS ARRANGEMENTS

The Committee agreed to note that an additional meeting would be held on Thursday 11 July 2002 at 6.00 pm in the Town and County Hall, Forfar.

3. PLANNING APPLICATIONS

(a) Delegated Approvals

There was submitted Report No 799/02 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 23 May-12 June 2002.

(b) North Mains of Logie Industrial Estate, Southmuir, Kirriemuir

There was submitted Report No 800/02 by the Director of Planning and Transport detailing application No 02/00041/FUL by G S Robertson (Blacksmith) for the erection of a workshop unit at North Mains of Logie Industrial Estate, Southmuir, Kirriemuir.

The Committee noted that the applicant had withdrawn the application.

(c) 95 High Street, Montrose

There was submitted Report No 801/02 by the Director of Planning and Transport detailing application No 02/00490/LBC by G Lorimer for the replacement of replica sign front at 95 High Street, Montrose. The application was recommended for refusal.

Slides were shown and the applicant, Mr Lorimer, addressed the meeting.

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

(d) Vidor Works, Eastmill Road, Brechin

There was submitted Report No 802/02 by the Director of Planning and Transport detailing application Nos 02/00377/LBC and 02/00351/OUT by Angus Dairies for the demolition of existing store and erection of store at Vidor Works, Eastmill Road, Brechin. The application was recommended for refusal.

Slides were shown and Mr Soutar, the applicant's agent, addressed the meeting.

Councillor McGlynn, seconded by Councillor Ritchie, moved that the application be refused for the reasons detailed in the Report.

COUNCILLOR KING, SECONDED BY COUNCILLOR LESLIE MELVILLE, MOVED AS AN AMENDMENT, THAT THE APPLICATION BE APPROVED SUBJECT TO A CONDITION BEING PLACED ON THE APPROVAL THAT DEMOLITION MAY NOT TAKE PLACE UNTIL A DETAILED CONSENT FOR THE CONSTRUCTION OF THE PROPOSED REPLACEMENT BUILDING HAD BEEN GRANTED AND CONTRACTS HAD BEEN LET FOR THE ERECTION OF THE PROPOSED REPLACEMENT BUILDING ALL TO THE SATISFACTION OF THE DIRECTOR OF PLANNING AND TRANSPORT.

Councillor King advised that the reason for departing from Policy EN44 was in order to maintain the architectural and/or visual amenity of the area.

On a vote being taken, the members voted:-

For the motion:-

Councillors McGlynn and Ritchie (2).

For the amendment:-

Councillors Ellis, Henderson, King, Leslie Melville, Milne, Murphy, Roberton, Selfridge, Speirs and West (10).

The amendment was declared carried resulting in the application being approved subject to the condition detailed above.

(e) Land Adjacent to Hawthorn Cottage, Woodville, Arbroath

There was submitted Report No 805/02 by the Director of Planning and Transport detailing application No 02/00478/OUT by Mr and Mrs D Spink for the erection of a dwellinghouse on land adjacent to Hawthorn Cottage, Woodville, Arbroath. The application was recommended for refusal.

Slides were shown and Mr Kerr, the applicant's agent, addressed the meeting.

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

(f) Land at Craigallen, Easthaven, Carnoustie

There was submitted Report No 807/02 by the Director of Planning and Transport detailing application No 02/00247/OUT by Mrs A B M Hill for the outline erection of a dwellinghouse on land at Craigallen, Easthaven, Carnoustie. The application was recommended for approval.

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

(g) 28A Blackfriars Street, Montrose

There was submitted Report No 809/02 by the Director of Planning and Transport detailing application No 02/00416/FUL by Mr and Mrs Bruce for the erection of a conservatory and boundary wall at 28A Blackfriars Street, Montrose. The application was recommended for approval.

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

(h) Ethiebeaton Quarry, Monifieth

There was submitted Report No 810/02 by the Director of Planning and Transport detailing application No 02/00392/FUL by Ennstone Thistle Limited for the erection of an office and workshop development at Ethiebeaton Quarry, Monifieth. The application was recommended for approval.

Slides were shown.

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

(i) 11 Queen Street, Forfar

There was submitted Report No 812/02 by the Director of Planning and Transport detailing application No 02/00423/COU by George Johnston for the change of use from vacant hairdressers and flat to retail shop at 11 Queen Street, Forfar. The application was recommended for approval.

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

(k) Land at Wester Restenneth, Forfar

There was submitted Report No 813/02 by the Director of Planning and Transport which related to an appeal that had been lodged against Angus Council's failure to determine outline planning application No 01/01256/OUT for the erection of 287 houses, 1,000 square metres office floor space and associated road layout, landscaping etc on land at Wester Restenneth, Forfar for Wester Restenneth Co Ltd.

The Report indicated that the application had not been determined as additional information had been requested but not submitted. The applicant's agent had been advised that if the application was not withdrawn it would be recommended for refusal as it was considered to be premature pending the outcome of the review of the adopted Angus Local Plan. An appeal had been lodged against non determination prior to the application being presented to Committee.

The Council's Appeal Statement confirmed that the proposal was contrary to the Development Plan. It also demonstrated that there was sufficient housing land supply to meet the requirements of the approved Tayside Structure Plan 1993 for the period 2001 ­ 2004 and concluded that there had been no material considerations that justified a departure from Development Plan Policy.

The Committee agreed:-

  1. to confirm that it would have refused planning permission for the reasons detailed in Section 8 of the Report, had it been required to determine the planning application; and
  2. to endorse the Appeal Statement appended to the Report, as the Council's written submission in respect of the appeal.

4. BALDOVAN MANSION HOUSE, STRATHMARTINE, BY DUNDEE

There was submitted Report No 822/02 by the Director of Planning and Transport which updated the Committee on the action taken to date to reasonably secure Baldovan Mansion House, Strathmartine, by Dundee.

The Report advised that the Building Control Section had been informed by Tayside Police on Tuesday 11 June 2002 that an accident had taken place in the derelict building known as Baldovan House and they were of the opinion that the building should be surveyed to ascertain whether or not it was dangerous. The Building Control Section visited the site on the same day and ascertained that reasonable steps should be taken to secure the building from entry. All action taken was under Section 13 of the Building (Scotland) Act 1959, as amended.

The Report concluded that it was the responsibility of property owners to ensure that their buildings were in a safe condition whether or not they were occupied. It appeared that the owner had failed in respect of these duties leading to a regrettable and serious accident occurring. In the absence of any action by the owner, Council officials had acted to make the building safe in the short term. However, it would be necessary to seek a longer term resolution to the future of the building.

Having heard a number of members express their concern at the apparent inadequacy in the legal powers available to Councils to deal with unsafe buildings, the Committee agreed:-

  1. to note the action taken to date by the Building Control Section;
  2. to approve officials of the Planning and Transport Department entering into discussions with the owner to ascertain/agree its long term future; and
  3. to ask the Director of Planning and Transport to write to the Scottish Executive and to COSLA expressing members' concerns regarding the powers available to Councils to prevent listed buildings falling into disrepair.

5. PLANNING AND TRANSPORT DEPARTMENT SERVICE PLAN ­ 2002/03

With reference to Article 4 of the minute of meeting of the Planning and Transport Policy Committee of 13 June 2002, there was submitted Report No 701/02 by the Director of Planning and Transport which detailed a summary of progress on the 2001/2002 Service Plan for the Department and advised members of the availability of the Service Plan for 2002/2003.

The Report concluded that considerable progress had been made across all parts of the Department in successfully delivering a range of services in accordance with agreed priorities. The 2002/2003 Service Plan had been developed to help fulfil the aim of the Department which was to improve the quality of life by promoting the principles of sustainable development.

The Committee, for its interest, agreed:-

  1. to note the terms of the Report and the considerable progress which had been made in relation to the 2001/2002 Service Plan; and
  2. to approve the terms and content of the Service Plan for 2002/2003, including priorities for the next three years.

6. TAYSIDE DRAFT AREA WASTE PLAN

With reference to Article 9 of the minute of meeting of the Planning and Transport Policy Committee of 13 June 2002, there was submitted Joint Report No 641/02 by the Director of Planning and Transport and the Director of Environmental and Consumer Protection advising members of the recent publication, for consultation purposes, of the draft Tayside Area Waste Plan and summarising the potential implications for Angus Council as a planning and waste management authority.

The Report concluded that the publication of the Plan was an important milestone and would assist in establishing a sustainable approach to waste management in Tayside and contribute to achieving the landfill directive targets required by the UK Government by 2020. Implementation of the Action Plan would have implications for Angus Council in both waste management practice and service delivery and for land use planning.

The Committee, for its interest, agreed to note the publication of the draft Tayside Area Waste Plan and agreed that the key findings be taken into account as a material consideration in dealing with development control casework in planning application areas raising waste disposal/management issues.

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