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ANGUS COUNCIL

MINUTE of MEETING of the DEVELOPMENT CONTROL COMMITTEE held in the Town and County Hall, on Thursday 15 June 2006 at 10.00 am.

Present: Councillors STEWART McGLYNN, FRANK ELLIS, IAIN GAUL, ALEX KING, THE HON R J LESLIE-MELVILLE MBE, DAVID LUMGAIR, HELEN OSWALD, DAVID SELFRIDGE and ROBERT SPINK.

Councillor McGLYNN, Convener, in the Chair.

1. DECLARATIONS OF INTEREST

In terms of the Councillor’s Code of Conduct Councillor Leslie-Melville declared an interest in item11, application No 06/00599/REM as she knew the applicant. She intimated that she would be taking part in the item.

2. SUMMER RECESS MEETING

The Committee agreed to hold an additional meeting during the summer recess in the Town and County Hall, Forfar on Tuesday 11 July 2006 at 10 am and 6 pm.

3. BUILDING WARRANTS

The Committee noted that during the period 15 May - 2 June 2006, a total of one Staged Warrant, one Demolition Warrant, six Amendments to Warrants and 78 Building Warrants had been approved with an estimated cost of £8,572,402.

PLANNING APPLICATIONS

4. DELEGATED APPROVALS

There was submitted Report No 794/06 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 86 applications detailed in the Appendix to the Report granted under delegated powers during the period 17 May - 7 June 2006.

5. LAND AT INN,

There was submitted Report No 795/06 by the Director of Planning and Transport detailing application No 06/00359/FUL by G & W Scott for the erection of four holiday lodges at Colliston Inn, by Arbroath. The application was recommended for approval.

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

6. 12 GALLOWDEN AVENUE, ARBROATH

There was submitted Report No 796/06 by the Director of Planning and Transport detailing application No 06/00542/FUL by Mr & Mrs D Yule for the extension to a dwellinghouse at 12 Gallowden Avenue, Arbroath. The application was recommended for approval.

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

7. VIEWFIELD HOTEL, 1 VIEWFIELD ROAD, ARBROATH

There was submitted Report No 797/06 by the Director of Planning and Transport detailing application No 06/00479/FUL by Mr I W Brown for the erection of a canopy/smoking shelter at Viewfield Hotel, 1 Viewfield Road, Arbroath. The application was recommended for approval.

Slides were shown.

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

8. MELGUND MILL, BY

There was submitted Report No 798/06 by the Director of Planning and Transport detailing application No 04/00407/FUL by Mr and Mrs Stewart for the conversion of a former mill to form a dwellinghouse at Melgund Mill, by Brechin. The application was recommended for approval.

Slides were shown.

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

9. SITE AT COACH INN COTTAGE,

There was submitted Report No 799/06 by the Director of Planning and Transport detailing application No 06/00403/OUT by Mrs W Clink for the outline erection of a dwellinghouse on land at Coach Inn Cottage, Carnoustie. The application was recommended for refusal.

Slides were shown and Mr Doe, the applicant’s agent, addressed the meeting and circulated a photograph, of the former Coach Inn, to each member of the Committee.

The Committee agreed that the application be approved, subject to suitable conditions to be approved by the Director of Planning and Transport, as the proposed development would conform to and be compatible with Policy H7 of the Angus Local Plan inasmuch as it would form the rounding off of an appropriate building group.

The approval was subject to conditions as agreed by the Director of Planning and Transport.

10. 18 JAMIESON STREET, FORFAR

There was submitted Report No 800/06 by the Director of Planning and Transport detailing application No 06/00562/FUL by Mr G Philips and Mr E Campbell for the extension to a dwellinghouse and alterations to boundary wall at 18 Jamieson Street, Forfar. The application was recommended for approval.

Slides were shown.

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

11. GARDEN GROUND AT 13 MANOR STREET, FORFAR

There was submitted Report No 801/06 by the Director of Planning and Transport detailing application No 06/00599/REM by Mr and Mrs Gardner for the erection of a dwellinghouse within the garden ground of 13 Manor Street, Forfar. The application was recommended for approval.

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

12. 13 CASTLE STREET, FORFAR

There was submitted Report No 802/06 by the Director of Planning and Transport detailing application Nos 06/00483/ADV and 06/00484/LBC by Happit for the erection of an illuminated advertising sign at 13 Castle Street, Forfar. The applications were recommended for refusal.

The Committee noted that the applicant had withdrawn the applications.

13. 22 BRAE,

There was submitted Report No 804/06 by the Director of Planning and Transport detailing application No 06/00491/FUL by Mr J Weir for the conversion of a workshop to form a dwellinghouse at 22 Marywell Brae, Kirriemuir. The application was recommended for approval.

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Slides were shown.

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

14. KIRRIEMUIR HEALTH CENTRE, TANNAGE BRAE, KIRRIEMUIR

There was submitted Report No 805/06 by the Director of Planning and Transport detailing application No 06/00372/FUL by NHS Tayside for an extension to provide an additional five consulting rooms at Kirriemuir Health Centre, Tannage Brae, Kirriemuir. The application was recommended for approval.

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

15. LAND AT MILL OF BRIGHTY FARM, GAGIE

There was submitted Report No 809/06 by the Director of Planning and Transport detailing application No 06/00664/OUT by Mr J Nicoll for the outline erection of an essential worker’s dwellinghouse on land at Mill of Brighty Farm, Gagie. 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 approved as the proposed development would conform to and be compatible with Policy H15 as contained in the Angus Local Plan (2000), subject to suitable conditions and the applicant signing a Section 75 Agreement limiting the occupation of the house.

16. CRAIGVAAR, ,

There was submitted Report No 810/06 by the Director of Planning and Transport detailing application No 06/00429/FUL by Mr & Mrs Ingram for the erection of a double garage, extension to a dwellinghouse, erection of a boundary wall and formation of new vehicular access at Craigvaar, Strathmartine, Dundee. The application was recommended for approval.

Slides were shown.

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

6. That prior to the commencement of any development a plan showing the precise location of the new vehicular access shall be submitted to and approved in writing by the planning authority. The access shall only be formed in the location approved by the planning authority.

Reason:

6. In the interests of road traffic safety.

17. LAND ADJACENT TO EASTFIELD FARM STEADING,

There was submitted Report No 811/06 by the Director of Planning and Transport detailing application No 06/00585/FUL by Mr and Mrs Campbell for the erection of a dwellinghouse on land adjacent to Eastfield Farm Steading, Auchterhouse. The application was recommended for refusal.

Slides were shown and Mr Black, the applicant’s agent, addressed the meeting.

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

Councillor King, seconded by Councillor Ellis, moved as an amendment, that the application be approved as the proposed development would conform to and be compatible with Policy H7 of the Adopted Angus Local Plan 2000, as it would round off the consolidated building group.

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On a vote being taken, the members voted:-

For the motion:

Councillors McGlynn, Gaul, Lumgair, Oswald, Selfridge and Spink (6).

For the amendment:

Councillors Ellis, King and Leslie-Melville (3).

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

18. LAND AT OLD MANSE, GLENCLOVA, KIRRIEMUIR

There was submitted Report No 813/06 by the Director of Planning and Transport detailing application No 06/00537/OUT by Mr and Mrs Mearns for the erection of a dwellinghouse on land at the Old Manse, Glenclova, Kirriemuir. The application was recommended for refusal.

Slides were shown.

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

19. LAND AT MILL, EASSIE

There were submitted Report No 812/06 detailing application No 06/00425/OUT, Report No 814/06 detailing application No 04/01582/OUT, and Report No 815/06 detailing application No 06/00536/OUT by the Director of Planning and Transport for the erection of two dwellings on land to the east of Eassie Mill, a dwellinghouse on land to the south of Eassie Mil and the erection of a further two dwellings on land adjacent to Eassie Mill, Eassie respectively all by Mr and Mrs Christie. The applications were recommended for refusal.

Slides were shown and Mr Wren, the applicant’s agent, addressed the meeting.

The Committee agreed that the applications be refused for the reasons detailed in Report Nos. 812/06, 814/06 and 815/06.

Thereafter the meeting was adjourned and reconvened at 6.00 pm

Present: Councillors STEWART McGLYNN, FRANK ELLIS, IAIN GAUL, JOHN HENDERSON, ALEX KING, THE HON R J LESLIE-MELVILLE MBE, DAVID LUMGAIR, HELEN OSWALD, DAVID SELFRIDGE and ROBERT SPINK.

Councillor McGLYNN, Convener, in the Chair.

20. DECLARATIONS OF INTEREST

In terms of the Councillor’s Code of Conduct, the undernoted declarations of interest were made:-

• Councillor Selfridge declared an interest in item 25, application no 06/00319/FUL as he was a Co – Director of Carnoustie Sports and Leisure. He advised that he would not be taking part in the item.

• Councillor Leslie-Melville declared an interest in item 23, application no 05/01725/FUL, as the applicant was a representative on a local Committee. She advised that she would not be taking part in the item.

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21. VACANT FORMER FOUNDRY, STOBCROSS, ARBROATH

In light of the decision of the Infrastructure Services Committee of 8 June 2006 to refuse to grant Roads Construction Consent, in respect of this item, Councillor King questioned the competency of proceeding to consider the application.

The Head of Legal Services, advised the Committee that the matters were covered by two separate statutory procedures and, in her view, it was therefore competent to proceed with consideration of the application.

There was submitted Report No 816/06 by the Director of Planning and Transport detailing application No 05/01857/REM by Bett Properties Ltd/Tesco Stores Ltd for the erection of a food retail outlet (3500sqm gross), associated car parking, servicing and improved access at the Former Westburn Foundry, Stobscross, Cairnie Street, Arbroath. The application was recommended for approval.

Slides were shown and Mr McConnell, representing the Cycle Touring Club, and Neil McLean, representing McDonald Estates (Asda), objectors, addressed the meeting followed by Phil Pritchett, representing Tesco Stores Ltd.

COUNCILLOR McGLYNN, SECONDED BY COUNCILLOR ELLIS, MOVED THAT THE APPLICATION BE APPROVED AS DETAILED IN THE REPORT.

Councillor King, seconded by Councillor Spink, moved as an amendment, that the application be refused for the following reasons:-

• The means of access had not been demonstrated as satisfactory in terms of Road Safety.

• Inadequate car parking had been provided

• No justification had been submitted to support an extension of the mezzanine floor beyond that permitted by the planning authority

• Insufficient landscaping had been provided.

On a vote being taken, the members voted:-

For the motion:-

Councillors McGlynn, Ellis, Gaul, Henderson, Lumgair and Selfridge (6).

For the amendment:-

Councillors King, Leslie-Melville, Oswald, Speirs and Spink (5).

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

22. LAND AT LADCO, BADEN POWELL ROAD, ARBROATH

There was submitted Report No 817/06 by the Director of Planning and Transport detailing application No 06/00351/FUL by O2 (UK) Ltd for the erection of a 17.5 metre Telecom Structure at Ladco, Baden Powell Road, Kirkton Industrial Estate, Arbroath. The application was recommended for approval.

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

Councillor Oswald left the meeting at this stage.

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23. SITE AT EAST MAINS FARM, , BRECHIN

There was submitted Report No 818/06 by the Director of Planning and Transport detailing application No 05/01725/FUL by DLB (Scotland) Ltd for the erection of 9 dwellinghouses and 17 flats/maisonettes on a site at East Mains Farm, Edzell. The application was recommended for refusal.

Slides were shown.

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

24. LAND AT ALBERT PLACE, BRECHIN

There was submitted Report No 819/06 by the Director of Planning and Transport detailing application No 06/00480/FUL by Smallburn Developments Ltd. for the conversion of a former bakery into 12 residential units and erection of 3 dwellinghouses on land at Albert Place, Brechin.

The Committee agreed to adjourn the meeting for 5 minutes to allow discussion with the Head of Legal Services regarding a neighbour notification matter.

The Committee agreed that the application be deferred to allow appropriate neighbour notification.

25. QUEENS PARK HOUSING ESTATE, QUEENS PARK, BRECHIN

Having declared an interest at item 20 above, Councillor Selfridge left the meeting during consideration of the following item.

There was submitted Report No 821/06 by the Director of Planning and Transport detailing application No 06/00319/FUL by D J Laing Homes Ltd for the erection of 18 dwellinghouses and 4 private entry flats at the former Queens Park Housing Estate, Queens Park, Brechin. The application was recommended for approval.

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

26. LAND AT EAST MUIRHEAD OF LOGIE, LOGIE, KIRRIEMUIR

There was submitted Report No 820/06 by the Director of Planning and Transport detailing application No 06/00294/OUT by Select Homes (Tayside) Limited for outline consent for a mixed industrial development on land at East Muirhead of Logie. The application was recommended for approval.

The Committee agreed that the application be approved as detailed in the Report, subject to the following amended condition 1:

1. That no development in connection with the planning permission hereby approved shall take place unless full details of the siting, design, means of drainage, external appearance and landscaping of the development and the means of access serving the development (hereinafter referred to as the “Reserved Matters”) have been submitted to and approved in writing by the planning authority. The reserved matters shall include:

• Full details of the proposed mix of development in terms of the use classes hereby approved consisting:

(i) the layout of the site including each individual plot; (ii) the floor area attributed to each individual plot and Use Class; (iii) a maximum of 15000m2 of floor space.

27. OVER ASCREAVIE FARM, KINGOLDRUM

Councillor Ellis left the meeting during consideration of the following item.

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With reference to reference to Article 25 of the minute of meeting of this Committee of 13 April 2006, there was submitted Report No 822/06 by the Director of Planning and Transport which detailed the discussions held with the applicant since that meeting. Appended to the Report was Report No 479/06 which detailed the applications by Lindertis Co for the conversion of Over Ascreavie Farm, Kingoldrum namely:-

• 05/00658/FUL - upgrading of the existing access; • 06/00224/FUL - construction of a sub-surface drainage system; • 04/01728/OUT - outline erection of a dwellinghouse; • 04/01729/OUT - outline erection of a dwellinghouse; • 04/01730/OUT - outline erection of a dwellinghouse; • 04/01725/FUL - conversion of the central traditional farm buildings to form 2 dwellinghouses; and • 04/01727/FUL - conversion of a bothy

The applications were recommended for approval.

Slides were shown and Mr Fraser, the applicant’s agent, answered member’s questions.

COUNCILLOR SELFRIDGE, SECONDED BY COUNCILLOR McGLYNN, MOVED THAT THE APPLICATIONS BE APPROVED AS DETAILED IN THE REPORT.

Councillor Gaul, seconded by Councillor Henderson, moved as an amendment, that the applications be deferred to allow the applicant to provide further information.

On a vote being taken, the members voted:-

For the motion:-

Councillors McGlynn, Lumgair, Leslie-Melville, Selfridge and Spink (5).

For the amendment:-

Councillors Gaul, Henderson, King and Speirs (4)

The motion was declared carried resulting in the applications being approved as detailed in the Report.

30. PLANNING APPEAL DECISIONS

(a) Balloch, Berryhill Road, Fowlis

With reference to Article 18 of the minute of meeting of this Committee of 1 December 2005, there was submitted Report No 824/06 by the Director of Planning and Transport which detailed the findings of the Reporter appointed by the Scottish Ministers to determine the appeal against the refusal of Angus Council to grant consent for the erection of a dwellinghouse and double garage adjacent to Balloch, Berryhill Road, Fowlis.

The Committee noted that the appeal had been dismissed.

(b) 59 Clerk Street, Brechin

With reference to Article 22 of the minute of meeting of this Committee of 1 September 2005, there was submitted Report No 825/06 by the Director of Planning and Transport which detailed the findings of the Reporter appointed by the Scottish Ministers to determine the appeal against the refusal of Angus Council to grant consent for alterations to former garage and provision of low wash bays at 59 Clerk Street, Brechin.

The Committee noted that the appeal had been dismissed.

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31. ENFORCEMENT ACTION - PROGRESS

There was submitted Report No 826/06 by the Director of Planning and Transport updating members on the progress of enforcement actions previously agreed by the Committee.

The Committee, after hearing the Director of Planning and Transport, noted the progress made to date.

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