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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 5 September 2002 at 6.00pm.

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

Councillor McGLYNN, Convener, in the Chair.

1. BUILDING WARRANTS

The Committee noted that in the period 2-23 August 2002 a total of 2 Staged Warrants, 4 Demolition Warrants, 19 Amendments to Warrants and 123 Building Warrants had been approved with an estimated cost of £5,692,719.

2. PLANNING APPLICATIONS

(a) Delegated Approvals

There was submitted Report No 1062/02 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 8-28 August 2002.

The Committee resolved in accordance with Standing Order 36(2), that the business would proceed in the order recorded below.

(b) Baldovan House, Strathmartine, Dundee

Councillor Ellis declared an interest in this item, and prior to leaving the meeting indicated that, as local member, he would wish to make a statement following the Committee's consideration of the matter. Councillor West also declared an interest in this item and both members left the meeting.

Councillor McGlynn, seconded by Councillor Selfridge moved that Councillor Ellis be allowed to make a statement.

COUNCILLOR SPEIRS, SECONDED BY COUNCILLOR MURPHY, MOVED AS AN AMENDMENT, THAT COUNCILLOR ELLIS BE NOT ALLOWED TO MAKE A STATEMENT.

On a vote being taken, the members voted:-

For the motion:-

Councillors McGlynn and Selfridge (2).

For the amendment:-

Councillors Henderson, Leslie Melville, Lumgair, Milne, Murphy, Roberton and Speirs (7).

No votes:-

Councillors King and Ritchie(2).

The amendment was declared carried and became the finding of the meeting.

With reference to Article 4 of the minute of meeting of this Committee of 20 June 2002, there was submitted Report No 1074/02 by the Director of Planning and Transport detailing application No 02/00853/LBC by Baldovan Property Co. Ltd for the demolition of a dwellinghouse at Baldovan House, Strathmartine, Dundee. The application was recommended for approval.

Slides were shown and Mrs Hayburn, who supported the application, addressed the meeting.

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

(c) Land at Idvies Sykes, Idvies, Letham

There was submitted Report No 1063/02 by the Director of Planning and Transport detailing application No 02/000699/OUT by Mr and Mrs B Anderson for the outline erection of a dwellinghouse on land at Idvies Sykes, Idvies, Letham.

The Committee noted that the applicant had withdrawn the application.

(d) Auchmithie Hotel, Auchmithie

There was submitted Report No 1064/02 by the Director of Planning and Transport detailing application No 02/00327/COU by Mr and Mrs Stewart for the change of use from hotel to two dwellinghouses and alterations to the forecourt at Auchmithie Hotel, Auchmithie. The application was recommended for refusal.

Slides were shown and Mrs Wright, Ms Fill and Mrs Strathearn, objectors, and Mr Brunton, the applicant's agent, addressed the meeting.

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

Councillor Leslie Melville, seconded by Councillor Henderson, moved as an amendment, that the application be approved, as the hotel had a history of not being viable and that the change of use was acceptable.

On a vote being taken, the members voted:-

For the motion:-

Councillors McGlynn, Ritchie, Ellis, King, Lumgair, Milne, Murphy, Roberton, Selfridge and Speirs (10).

For the amendment:-

Councillors Henderson, Leslie Melville and West (3)

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

(e) Site at Lamondfauld Road, Hillside, Montrose

There was submitted Report No 1065/02 by the Director of Planning and Transport detailing application No 02/00786/OUT by Messrs Morrison & Pittendreigh for the erection of a dwellinghouse at Lamondfauld Road, Hillside, Montrose.

The Committee noted that the applicant had withdrawn the application.

(f) 35 Mackenzie Gardens, Brechin

There was submitted Report No 1066/02 by the Director of Planning and Transport detailing application No 02/00637/FUL by F Findlater for the erection of a garage at 35 Mackenzie Gardens, Brechin. The application was recommended for refusal.

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

The Committee agreed that the application be deferred to allow discussions to take place between the Director of Planning and Transport and the applicant, to ensure that improved site lines were achieved, to the satisfaction of the Director of Roads.

(g) Montrose Road, Forfar

There was submitted Report No 1068/02 by the Director of Planning and Transport detailing application No 02/00743/FUL by A & J Stephen Ltd for the erection of 25 dwellinghouses on land at Montrose Road, Forfar. The application was recommended for approval.

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

(h) The Bungalow, Dundee Road, Forfar

There was submitted Report No 1069/02 by the Director of Planning and Transport detailing application No 02/00841/FUL by H Gillan for the erection of a dwellinghouse on land at Dundee Road, Forfar. The application was recommended for approval.

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

Councillor Lumgair declared an interest in the following item and left the meeting.

(i) 2 Woodside Road, Letham

There was submitted Report No 1070/02 by the Director of Planning and Transport detailing application No 02/00411/FUL by Joseph Mitchell (Letham) Ltd for three extensions to the existing factory at 2 Woodside Road, Letham. The application was recommended for approval.

Slides were shown and Mr Scanlan, Mr Pirie, objectors, Mr Fugaccia, Letham School Board, and Mr Mitchell, the applicant, addressed the meeting.

At 8.55 pm, the Committee resolved, in terms of Standing Order 20(8), that the meeting be extended for a further 30 minutes to allow consideration of the remaining business.

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

13. That no lorries will be parked between the boundary of Bractullo Gardens and the loading unit other than within the identified loading area while their fridges are in operation. A further plan be submitted detailing plans for the provision of overspill lorry parking within the approved car park extension (ref. Nos. 99/00002/FUL and 02/00596/FUL) incorporating suitable noise attenuation measures, to the satisfaction of the Director of Planning and Transport prior to the commencing of operation of the loading bay.

14. That a footway be provided along Woodside Road to the specification of the Director of Roads and that details of the provision of the footway be provided to the satisfaction of the Director of Planning and Transport prior to the commencement of construction and that the agreed details of the footpath should be implemented prior to the commencement of use of the planning application subjects.

Reasons:

13. In the interest of residential amenity.

14. In the interests of road traffic and/or pedestrian safety.

Amended Conditions:

1. That no discernible odour from the Thermal Energy Reclamation Unit or process is detectable at any part on the factory site boundary with adjoining properties or within a radius of 500 metres from the factory site boundary.

2. That prior to the commencement of the development a noise survey be undertaken and that any operational or associated noise from the Thermal Energy Reclamation Unit does not exceed, at any time a level of 5dBa above ambient or background level, as measured at the factory site boundary with the adjoining property.

7. That installation of the flue should be to the satisfaction of the Director of Planning & Transport in consultation with SEPA. Any material alterations to the flue height will require the submission of an amended planning application.

Councillors Selfridge and Murphy declared an interest in the following item and left the meeting

(j) Land at Rear of 11 Park Avenue, Carnoustie

There was submitted Report No 1071/02 by the Director of Planning and Transport detailing application No 02/00813/FUL by B Boyd for the erection of a garage on land to the rear of 11 Park Avenue, Carnoustie. The application was recommended for approval.

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

(k) Land at Park Road, Brechin

There was submitted Report No 1072/02 by the Director of Planning and Transport detailing application No 02/00706/OUT by Mr and Mrs Christie for the erection of two dwellinghouses on land at Park Road, Brechin. The application was recommended for approval.

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

(l) 4 The Fairway, Monifieth

There was submitted Report No 1073/02 by the Director of Planning and Transport detailing application No 02/00852/FUL by Mr Culross for the extension of a house at 4 The Fairway, Monifieth, Dundee. The application was recommended for approval.

Slides were shown.

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

(m) OCTA Petrol Station, 42 High Street, Monifieth

With reference to Article 3(r) to the minute of meeting of this Committee of 27 September 2001, there was submitted Report No 1075/02 by the Director of Planning and Transport detailing application No 02/00808/FUL by OCTA Petrol Filling Station for the demolition of the existing fuel station kiosk and erection of a new shop unit at 42 High Street, Monifieth. The application was recommended for approval.

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

(n) North Auchray Farm, Strathmartine

There was submitted Report No 1076/02 by the Director of Planning and Transport detailing application No 02/00174/FUL by George Robertson for the filling in of areas to bring up to the surrounding areas within a field forming part of North Auchray Farm, Strathmartine. The application was recommended for approval.

Slides were shown and Mr Bruce, Strathmartine Community Council, addressed the meeting.

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

3. That prior to the commencement of any tipping, works and operations on site, details of the means of preparation and restoration be agreed in consultation with and be to the satisfaction of the Director of Planning and Transport.

4. That the use/development hereby permitted be restricted to a limited period of one year only, expiring on 5 September 2003.

5. That on or before the expiration of that period the use hereby permitted shall be discontinued and the land restored to agricultural land quality.

6. That all tipping, works and operations associated with the infilling of the areas be restricted to between the hours of 9 a.m. to 5 p.m. Monday to Friday, 9 a.m. to 1 p.m. on Saturday and not at all on Sunday.

7. That the number of vehicle movements to the site be limited to 15 per day.

Reasons:

3. In the interests of visual amenity and to protect the amenity of nearby occupied premises and to ensure that the infilled area is restored to agricultural land quality.

4. In order that the Council can control and review the length of time during which the development is permitted to continue in the interests of the general amenity of the area.

5. In order that the general amenity of the area shall not be effected.

6. In order that the amenity of nearby occupied premises shall be adequately safeguarded.

7. In the interests of road traffic and/or pedestrian safety.

(o) Birch Cottage, Redcastle, by Inverkeilor

There was submitted Report No 1055/02 by the Director of Planning and Transport detailing application No 02/00849/FUL by Mr Robson for the extension to a dwellinghouse at Birch Cottage, Redcastle, by Inverkeilor. The application was recommended for approval.

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

3. SECTION 75 AGREEMENT, GRAVESEND, ARBROATH

The Committee agreed to defer consideration of this item.

4. ADVICE NOTE 14: SMALL HOUSING SITES

There was submitted Report No 1078/02 by the Director of Planning and Transport which advised that the Council's Advice Note on single plot residential development, following recent experiences in dealing with such applications, was in need of updating.

The Report indicated that experience in dealing with single house applications had highlighted a desirability to make some adjustments to the guidance contained in Advice Note 14. The Advice Note had originally been conceived to set down standards for single house developments in established built-up areas, e.g. in a large garden. However, over the years, the guidance had also been applied to small scale housing developments. Accordingly, it was more appropriate to rename the Advice Note to reflect this coverage, i.e. "Small Housing Sites". This change would more accurately reflect the adopted Local Plan where Policy H5 refers to "Small Housing Sites", whilst there was no specific policy quoted for single houses in built-up areas.

The Committee agreed to approve the suggested revisions, as detailed in the Report to Advice Note 14.

5. ANGUS DESIGN AWARD SCHEME ­ JUDGING PANEL

With reference to Article 4 of the minute of meeting of this Committee of 22 February 2001, there was submitted Report No 1079/02 by the Director of Planning and Transport which outlined the desirability of having the Angus Design Award Scheme judged by a panel which was independent of Angus Council.

The Report noted that the Angus Design Award Scheme had first been run in 2000 and over 40 quality entries had been received. It was important to ensure that the judging was undertaken by individuals who understood the issues and it seemed appropriate for the judging panel to encompass academic, professional and lay opinion. This would ensure a broad representation of the spectrum of interest in architectural issues.

The Committee agreed to remit to the Director of Planning and Transport to approach appropriate lay and professional individuals, with a view to appointing a judging panel for this year's Angus Design Awards Scheme.

6. 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

At 9.25 pm, the Committee resolved, in terms of Standing Order 20(8), that the meeting be further extended to allow consideration of the remaining item of business.

7. BALINTORE CASTLE ­ REPAIRS NOTICE AND COMPULSORY PURCHASE ORDER

There was submitted Report No 1080/02 by the Director of Planning and Transport which outlined the issues relating to the service of a Repairs Notice on the owners of Balintore Castle under the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and possible compulsory purchase of the building if the owner refused to comply with the Repairs Notice.

The Committee agreed to approve the recommendations, as detailed in the Report.

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