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 15 August 2002 at 6.00pm.

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

Apologies: Apologies for absence were intimated on behalf of Councillors The Hon R J LESLIE MELVILLE and DAVID LUMGAIR.

Councillor McGLYNN, Convener, in the Chair.

1. BUILDINGS WARRANTS

The Committee noted that in the period 1 July to 1 August 2002, a total of 4 Demolition Warrants, 15 Amendments to Warrants and 111 Building Warrants had been approved with an estimated cost of £2,592,578.

2. PLANNING APPLICATIONS

(a) Delegated Approvals

There was submitted Report No 917/02 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 4 July-7 August 2002.

(b) Land at Loanhead, Lintrathen, Kirriemuir

With reference to Article 4(n) of the minute of meeting of this Committee of 30 August 2001, there was submitted Report No 913/02 by the Director of Planning and Transport detailing application No 01/00651/FUL by W Houston for the reconsideration of a planning application for the erection of a dwellinghouse on land at Loanhead, Lintrathen, Kirriemuir. The application was recommended for refusal.

The Report indicated that there were, at present, no appeal facilities for objectors but there was recourse to the Courts for judicial review. Following the previous decision in August 2001 to grant the application, a neighbouring objector had sought recourse to such action resulting in the Court setting aside the grant of permission and referring the planning application to the Council for reconsideration.

Slides were shown and Mr Campbell QC, the objector's representative and Mr Roach, the applicant's architect, addressed the meeting.

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

Councillor Henderson, seconded by Councillor Milne, moved as amendment that the application be approved with the following conditions:-

1. That prior to the commencement of the development, details of the means of site enclosure proposed to be used, shall be submitted for prior approval of the planning authority and be erected on or before completion of the development.

2. That no development takes place until there had been submitted to and approved by the planning authority, a scheme of landscaping, including, where appropriate, an indication of all existing trees and hedgerows on the land and details of these to be retained and cleared, together with the measures for their protection in the course of development.

3. That all planting comprised in the approved details of landscaping be carried out in the first planting season following the completion of the development or at earlier stages and any plants or trees which within a period of five years from the commencement of the use die; are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of a similar size and species.

Councillor Henderson intimated that his reason for moving approval was on the basis that the area in question had a history of the curtilage being delineated.

On a vote being taken, the members voted:-

For the motion:-

Councillors McGlynn, Ritchie, Ellis, King, Murphy, Roberton, Selfridge and Speirs (8).

For the amendment:-

Councillors Henderson, Milne and West (3).

The motion was declared carried resulting in the application being refused for the reasons detailed in the Report.

(c) Land to the rear of 25 Park Avenue, Carnoustie

Councillors Murphy and Selfridge declared an interest in this application and left the meeting while it was being considered.

There was submitted Report No 914/02 by the Director of Planning and Transport detailing Application No 02/00494/OUT by Mr Boyd for the erection of five residential flats on land to the rear of 25 Park Avenue, Carnoustie. The application was recommended for refusal.

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

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

(d) 32 Woodside Terrace, Carnoustie

There was submitted Report No 915/02 by the Director of Planning and Transport detailing Application No 02/00431/FUL by Mr Fyffe for the erection of a shed at 32 Woodside Terrace, Carnoustie. 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) 20A Donaldson Acre, Arbroath

There was submitted Report No 916/02 by the Director of Planning and Transport detailing Application No 02/00753/FUL by Mr and Mrs A Caird for the formation of a balcony at 20A Donaldson Acre, 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) Land Adjacent to Woodlea, Arbroath Road, Forfar

There was submitted Report No 919/02 by the Director of Planning and Transport detailing Application No 02/00663/OUT by Donald Stewart for the outline erection of a dwellinghouse on land adjacent to Woodlea, Arbroath Road, Forfar.

The Committee noted that the applicant had withdrawn the application.

(g) Land at Dilty Moss, Carmyllie

There was submitted Report No 920/02 by the Director of Planning and Transport detailing Application No 02/00565/OUT by Mr and Mrs John Dye for the outline erection of a dwellinghouse on land at Dilty Moss, Carmyllie.

The Committee noted that the applicant had withdrawn the application.

(h) Land at Newton of Idvies Farm, Forfar

There was submitted Report No 921/02 by the Director of Planning and Transport detailing Application No 02/00644/OUT by Lynn Petrie for the outline erection of a dwellinghouse on land at Newton of Idvies Farm, Forfar. The application was recommended for refusal.

Slides were shown and Mr Brunton, 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 Henderson, moved as an amendment that the application be conditionally approved, with conditions to be agreed by the Director of Planning and Transport and subject to the applicant signing a Section 75 Agreement to allow one house only on the site. Councillor King intimated that his reason for departing from policy was that the area of ground was derelict, unusable ground and, if not developed, would remain as waste ground.

On a vote being taken, the members voted:-

For the motion:-

Councillors McGlynn, Ritchie, Ellis, Murphy, Speirs and West (6).

For the amendment:-

Councillors Henderson, King, Milne, Roberton and Selfridge (5).

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

(i) Hospitalfield House Grounds, Westway, Arbroath

There was submitted Report No 923/02 by the Director of Planning and Transport detailing Application No 02/00556/FUL by Hospitalfield Trust for the erection of a dwellinghouse and garage on land at Hospitalfield House Grounds, Westway, Arbroath. The application was recommended for approval.

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

(j) Land at Dalhousie Street, Carnoustie

There was submitted Report No 924/02 by the Director of Planning and Transport detailing Application No 02/00590/FUL by Peter Ramsay for the erection of a dwellinghouse on land at Dalhousie Street, Carnoustie. The application was recommended for approval.

Slides were shown and Mrs Hutton, an objector, and Mr Ramsay, the applicant, addressed the meeting.

Councillor McGlynn, seconded by Councillor Ritchie, moved that the application be refused as the house would have a detrimental effect on the residential amenity of adjoining housing by virtue of the height of the proposed house and the location on the plot.

COUNCILLOR KING, SECONDED BY COUNCILLOR MILNE, 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 McGlynn and Ritchie (2).

For the amendment:-

Councillors Ellis, Henderson, King, Milne, Murphy, Roberton, Selfridge, Speirs and West (9).

The amendment was declared carried resulting in the application being conditionally approved as detailed in the Report.

(k) Plot 11 Peebles, Letham Grange, Arbroath

There was submitted Report No 925/02 by the Director of Planning and Transport detailing Application No 02/00691/FUL by Mr and Mrs J Singers for the erection of a dwellinghouse at Plot 11 Peebles, Letham Grange, Arbroath. The application was recommended for approval.

Slides were shown and Mrs Smith and Mrs Fedele, objectors, addressed the meeting.

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

(l) 26 Millgate, Arbroath

Councillor King declared an interest in this application and left the meeting while it was being considered.

There was submitted Report No 926/02 by the Director of Planning and Transport detailing Application No 02/00720/FUL by Azam Salimi for the change of use from retail to storage at 26 Millgate, Arbroath. The application was recommended for approval.

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

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

(m) Balshando Cottage, Lundie, Dundee

There was submitted Report No 927/02 by the Director of Planning and Transport detailing Application No 02/00285/FUL by M Wallace for the conversion of garden ground to boarding kennels for dogs, including construction of same at Lundie, Dundee. The application was recommended for approval.

Slides were shown and Mr Findlay, the applicant's sound specialist, addressed the meeting.

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

6. That the parking and access arrangements be to the satisfaction of the Director of Planning and Transport.

(n) Land at Drumsturdy Road, Kingennie, By Dundee

There was submitted Report No 928/02 by the Director of Planning and Transport detailing Application No 02/00581/FUL by Craig Thomson Homes Limited for the erection of two dwellinghouses on land at Drumsturdy Road, Kingennie, by Dundee. The application was recommended for approval.

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

(o) Land at Belmonies, Glen Prosen, Kirriemuir

There was submitted Report No 929/02 by the Director of Planning and Transport detailing Application No 02/00588/FUL by John Smith for the erection of a dwellinghouse on land at Belmonies, Glen Prosen, Kirriemuir. The application was recommended for approval.

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

(p) 2 Woodside Road, Letham

There was submitted Report No 930/02 by the Director of Planning and Transport detailing Application No 02/00596/FUL by Joseph Mitchell (Letham) for the erection of a new office extension and creation of a car park at 2 Woodside Road, Letham. The application was recommended for approval.

Slides were shown and Mr Scanlan, an objector, addressed the meeting.

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

(q) Land at Pittendriech Road, Brechin

There was submitted Report No 918/02 by the Director of Planning and Transport detailing Application No 02/00673/FUL by Mrs J Mackie for the erection of a single house on land at Pittendriech Road, Brechin. The application was recommended for conditional approval.

Slides were shown and Mr Runcie, an objector, addressed the meeting.

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

3. PLANNING APPEAL DECISIONS

(a) 25 Provost's Walk, Monifieth

With reference to Article 4(m) of the minute of meeting of this Committee of 30 August 2001, there was submitted Report No 931/02 by the Director of Planning and Transport detailing the findings of the Reporter appointed by the Scottish Ministers to determine the appeal against the refusal of Angus Council to grant consent for a house extension at 25 Provost's Walk, Monifieth.

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

(b) 5 Gardyne Street, Letham

With reference to Article 4(g) of the minute of meeting of this Committee of 21 February 2002, there was submitted Report No 932/02 by the Director of Planning and Transport detailing the findings of the Reporter appointed by the Scottish Ministers to determine the appeal against the refusal of Angus Council to grant consent for change of use at 5 Gardyne Street, Letham from a shop to a restaurant/hot food takeaway.

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

4. ADVICE NOTE 19 HOUSE EXTENSIONS

There was submitted Report No 933/02 by the Director of Planning and Transport which detailed proposed amendments to Angus Council's current policy on house extensions.

The Committee approved the revised version of Advice Note 19 subject to the incorporation of some minor textual changes referred to at the meeting.

5. DANGEROUS BUILDING NOTICE ­ 124-130 HIGH STREET, ARBROATH

There was submitted Report No 934/02 by the Director of Planning and Transport which sought permission to serve a Notice of Intention to Serve a Notice in terms of Section 13 of the Building (Scotland) Act 1959 and thereafter to make an Order in terms of Section 13 and to serve the Order on the owners of nos 124-130 High Street, Arbroath requiring them to secure the making safe of the two chimneys over the property.

The Committee approved the serving of a Dangerous Building Notice (Section 13) Order under the Building (Scotland) Act 1959 on the owners of 124-130 High Street, Arbroath.

6. REVISED NOTICE OF INTENTION TO DEVELOP/LISTED BUILDING CONSENT PROTOCOL

There was submitted Report No 935/02 by the Director of Planning and Transport and the Director of Law and Administration advising members of the review undertaken of the existing Notice of Intention to Develop Protocol dealing with planning permission for Angus Council development proposals. The Protocol now also included harmonised arrangements for Listed Building and Conservation Area Consents in the interests of improving efficiency and effectiveness in the procedures for Council property development proposals.

The Report indicated that the existing Notice of Intention to Develop Protocol had worked well to date. However, its operation had been reviewed and would be improved by the addition of harmonised procedures for Listed Building Consent and Conservation Area Consent. This would improve efficiency and effectiveness in the Council's internal procedures for its own property development proposals and promote best practice in dealing with publicly owned historic buildings.

The Committee agreed:-

  1. to approve the revised Notice of Intention to Develop Protocol, including harmonised arrangements for Listed Building and Conservation Area Consents, in relation to development proposals for Angus Council property; and
  2. to approve the training and internal publicity arrangements outlined in the Report.

7. REPORT OF LOCAL AUTHORITY OMBUDSMAN ON COMPLAINT OF INJUSTICE

There was submitted Report No 936/02 by the Director of Law and Administration advising members of the issue of a Report by the Local Government Ombudsman following investigation of a complaint of injustice caused by maladministration.

The Report indicated that, following the decision of the Committee on a planning application, a complaint had been made by an objector that the Council had failed to comply consistently a policy in the Local Plan in relation to "an adopted road". Following enquiries being made of the Council, the Ombudsman had carried out a formal investigation, with a copy of the Ombudsman's Report appended to the Report. The Report had concluded that the Ombudsman did not see any evidence of maladministration causing injustice to the complaint.

The Committee agreed to note the terms of the Report by the Local Authority Ombudsmen which had concluded that there had been no maladministration in respect of the matter.

8. EXCLUSION OF PUBLIC AND PRESS

The Committee resolved, in terms of Standing Order 27(2), that the public and press be excluded from the meeting during consideration of the following items, so as to avoid the disclosure of information which was exempt in terms of Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973, paragraph 12.

9. APPLICATION FOR JUDICIAL REVIEW

With reference to Article 4 (n) of the minute of meeting of this Committee of 30 August 2001, there was submitted Report No 947/02 by the Director of Law and Administration and the Director of Planning and Transport which set out the background to an application for Judicial Review in respect of the planning application (01/00651/FUL) for the erection of a dwellinghouse on land at Loanhead, Lintrathen.

The Committee agreed to note the terms of the Report.

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.