26 January and 1 February, 1994 In a Meeting of the Planning and Development Committee of the Moray District Council held at Elgin on the Twenty-sixth day of January and First day of February, Nineteen Hundred and Ninety-four.
PRESENT
Councillors:- I. Lawson (Chairman) S.D.I. Longmore E. Aldridge G.A. Mackenzie Mrs M.E. Anderson L. Mann Mrs. H.M. Cumiskie J.A. Proctor Mrs. M.M. Davidson Mrs. A.M. Scott A.J. Fleming Mrs. J.M. Shaw T.A. Howe W.R. Swanson W. Jappy D.M.A. Thompson J. Wilson
IN ATTENDANCE
The Director of Administration and Law The Director of Planning and Development The Director of Community Services The Depute Director of Planning and Development The Chief Building Control Officer The Estate Surveyor The Chief Assistant, Development Control
1. APOLOGY
An apology for absence was intimated on behalf of Councillor A. Farquharson.
2. RESOLUTION
The meeting resolved that in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, as amended, the public and media representatives be excluded from the meeting during consideration of the items of business appearing at the relevant paragraphs of this Minute as specified in Column 1 below so as to avoid disclosure of exempt information of the class described in the appropriate paragraph of Part 1 of Section 7A of the Act as specified in Column 2 below.
Paragraph No. of Minute Paragraph No. of Schedule 7A
4 (b) and (c) 9 34 8 & 9 35 8 & 9 36 4 37 13 38 8 & 9 39 6 3. ADDITIONAL BUSINESS
In terms of the relevant Standing Order, the meeting agreed to accept as an additional item of business to be transacted at the meeting, a report by the Director of Planning and Development in respect of Planning Application 931005: Change of Use from Fruit and Veg Shop to Indian Restaurant at 36 High Street, Lossiemouth for Mr. A. Rahman, on the Chairman certifying that, in his opinion, the item required to be considered at the meeting on the grounds of urgency.
4. PROPOSED WITHDRAWAL OF AGENDA ITEMS
(a) Report On Moray Enterprise Trust Franchising Seminar
Prior to discussion of this item the Chairman declared an interest in the matter and took no further part in its consideration:-
SUBMITTED:- A report by the Director of Planning and Development regarding the possibility of the District Council giving financial support to a Seminar on franchising to be hosted by The Moray Enterprise Trust. The Director of Planning and Development advised the meeting orally that it had been ascertained subsequent to the report being prepared that the Trust was not in fact seeking financial assistance from the District Council towards the cost of the Seminar and that accordingly the Trust wished the report withdrawn.
DECIDED:- That the report by the Director of Planning and Development on the Moray Enterprise Trust Franchising Seminar be withdrawn.
(b) Bus Depot, East Cathcart Street, Buckie (para. 9)
SUBMITTED:- A report by the Estate Surveyor regarding the future of the land owned by the District Council at East Cathcart Street, Buckie which is currently occupied by a bus depot.
The Director of Community Services addressed the meeting and advised that both he and the Director of Planning and Development considered, that on reflection, it would be premature for the Committee to consider the future of the land in advance of consideration of the possible planning issues which might arise were it to be developed for a purpose other than its current use.
Thereafter, following discussion, Councillor Jappy, seconded by Councillor Longmore, moved that the future of the site should be resolved by the Planning and Development Committee at this meeting. As an amendment Councillor Lawson, seconded by Councillor Mackenzie, moved that given the possibility that a decision on the matter at this meeting might prejudice the Committee's consideration of any future planning application relating to the site the matter should not be considered at this time.
On a division there voted:- For the motion (7) For the amendment (9) Abstentions (1)
Councillors:- Councillors:- Councillors:-
Mrs. Anderson Aldridge Wilson Mrs. Cumiskie Mrs Davidson Fleming Lawson Howe Mackenzie Jappy Mann Longmore Proctor Mrs Scott Mrs Shaw Swanson Thompson
DECIDED:- That consideration of the future of the site of the bus depot at East Cathcart Street, Buckie be continued meantime.
(c) Exchange of Council land for RAF Houses at Lossiemouth (para 9)
SUBMITTED:- A report by the Director of Planning and Development regarding an approach which had been received from the RAF proposing the exchange of District Council owned land at Coulardbank, Lossiemouth for RAF houses.
The Director of Community Services addressed the meeting and recommended that consideration of the matter be continued at this time to allow both himself and the Director of Planning and Development the opportunity to investigate the matter further and thereafter to submit a joint report to both this Committee and the Moray Housing Committee.
DECIDED:- That consideration of the approach from the RAF in regard to the possible exchange of District Council owned land at Coulardbank, Lossiemouth for RAF houses should be continued for further investigation and that the matter should be the subject of a further comprehensive report to be submitted jointly by the Directors of Community Services and Planning and Development to both this Committee and the Moray Housing Committee.
5. PRIOR MINUTE
SUBMITTED:-The Minute of this Committee dated 8th and 22nd December, 1993, as previously approved by the District Council at its meeting on 5 January, 1994.
DECIDED:- That the Minute be noted. 6. BUILDING (SCOTLAND) ACTS
(i) Applications for Building Warrants noted as approved under delegated powers
SUBMITTED:- A report by the Director of Community Services advising the meeting that 175 applications for Building Warrants had been determined by the Director of Community Services since the last meeting of this Committee in terms of the powers delegated to him.
DECIDED:- That the report be noted.
(i) Applications for Relaxation
12/900559 Extension to dwellinghouse at 17 Mill Crescent, Buckie for Mr. E. Cormack, 17 Mill Crescent, Buckie
Regulation 9(S2.10) Requirements with regard to uniformity of stair treads
Regulation 9(S2.17) Requirements with regard to the provision of landings
18/930638 Change of use to form daycare nursery at Hill Street, Dufftown for Ms. D. Cooper & Ms. V. Munro per Mr. J.M. Brian, 23 Burnside Street, Rothes
Regulation 9(S2.9) Requirements with regard to single steps
02/930976 Erection of conservatory at 26 Waulkmill Grove, Elgin for Mr. and Mrs. I. Stewart, 26 Waulkmill Grove, Elgin
Regulation 9(D2.6) Requirements with regard to openings on boundaries
14/931019 Alterations to form dwellinghouse at Puttingbrae, Drybridge, Buckie for Mr. and Mrs. Samuel per Mr. D. Scott, Beechview, Enzie
Regulation 9(T2.3) Requirements with regard to provisions for the disabled
04/931310 Alterations to shop and extension to form 3 flats at 207 High Street, Elgin for CLC Properties per Plans Plus, Main Street, Urquhart
Regulation 9(D2.3) Requirements with regard to non-combustibility
On the recommendation of the Director of Community Services and subject, where appropriate, to consultation with the Firemaster and the adjoining proprietors the meeting agreed that the relaxations applied for be granted subject to no objections being received in respect of the draft directions and that thereafter the relevant applications for building warrant be granted in terms of the Building (Procedure) (Scotland) Regulations 1981.
(ii) Applications part granted, part refused
12/931117 Erection of lifeboat station at Commercial Road, Buckie for RNLI per Babtie Shaw & Morton, 2 Ardross Street, Inverness
Regulation 9(D2.3) Requirements with regard to non-combustibility
Regulation 9(D2.4) Requirements with regard to the provision of sanitary facilities in respect of Regulation D2.3)
Recommendation:- That Relaxation be granted in respect of Regulation D2.4 and refused in respect of Regulation D2.3
13/931146 Alterations to form dwellinghouse at 3 Gordon Street, Portknockie for Miss J. Innes per Jessica Wolff, Dower House, Lethen, Nairn
Regulation 9(D2.6) Requirements with regard to openings on boundaries
Recommendation:- That Relaxation be granted in respect of an opening to form a lounge window, subject to consultation with the Fire Brigade and adjoining affected proprietor, and refused in respect of an opening to form a bathroom window
7. APPLICATIONS FOR PLANNING PERMISSION
(a) Current Applications
ELGIN - NO. 1 WARD
Applications noted as approved under delegated powers
(1) 931082 Erect house and garage on Plot 3 North Lesmurdie, Elgin for Mr. and Mrs D. McKenzie
(2) 931154 Erect dwellinghouse on Plot 19 Lesmurdie Road, Elgin for Mr. A. Robertson
(3) 931231 Erect and connect to existing services, haemodialysis - minimal care facility at Spynie Hospital, Elgin for Moray Health Services (4) 931289 Erect a wooden garden gate at Norwood, 68 North Street, Bishopmill, Elgin for Mr. J. McPherson
(5) 931291 Alter and extend existing dwellinghouse at 108 Duncan Drive, Elgin for Mr. and Mrs. P. Smith
(6) 931299 Erect car garage at 50 Hermes Road, Bishopmill, Elgin for Mr. and Mrs. W. Mutch
Applications noted as approved after consultation with Local Member of Planning Authority
(7) 931001 Alter and extend garden centre, relocate compound to increase car parking and erect wall at Decora, Lossiebank, Elgin for Mr. T. McWhirter
(8) 931002 Listed Building Consent to alter and extend garden centre, relocate compound to increase car parking and erect wall at Decora, Lossiebank, Elgin for Mr. T. McWhirter
(9) 931190 Erect garage at 8 Morriston Road, Elgin for Miss M. Watt
Application noted as refused after consultation with Local Member of Planning Authority
(10) 931177 Use part of yard for site for house at Braemorriston Road, Bishopmill, Elgin for Mr. W.T. Philip (outline)
ELGIN - NO. 2 WARD
Applications noted as approved under delegated powers
(11) 930604 Erect a heavy vehicle maintenance workshop with inspection pit, toilet facilities, oil tank and bund and oil interceptor at Moycroft Industrial Estate, Elgin for F. Slowey Ltd
(12) 931174 Change of use of office to house and internal alterations at 3 Institution Road, Elgin for Mr. J. Grubb
(13) 931181 Change of use of premises (Unit 100A) Pinefield Industrial Estate, Elgin for Moray District Council
(14) 931305 Erect new ancillary accommodation to existing garage workshop at 12 Perimeter Road, Pinefield Industrial Estate, Elgin for Robertson Construction Group Applications noted as approved after consultation with Local Member of Planning Authority
(15) 931050 Erect six industrial units at Linkwood Industrial Estate, Elgin for Miller Investments
(16) 931131 Construct an abattoir, Linkwood Industrial Estate, Elgin for Rhinds of Elgin
(17) 931140 Install a 2000 litre liquid propane gas tank at the compound area between Unit 100B and Unit 100D Pinefield Business Centre, Pinefield Industrial Estate, Elgin for Moray Association for Mental Health Company Limited
ELGIN - NO. 3 WARD
Applications noted as approved under delegated powers
(18) 931146 Erect new office block at Elgin Granite Works, New Elgin Road, Elgin for Mr. J.R. Henderson
(19) 931157 Erect 1 block 4 houses and 1 block 3 garages at Springfield Market Gardens, Elgin for Property Improvements
(20) 931230 Erect a garage (garage plot) 12 Meadow Crescent, New Elgin, Elgin for Ms J. Lawrence
(21) 931375 Extend dwellinghouse at 49 Bailies Drive, New Elgin, Elgin for Mr. and Mrs. K. McKenzie
ELGIN - NO. 4 WARD
Applications noted as approved under delegated powers
(22) 930761 Alter and extend dwellinghouse to provide a 3 bed/sittingroom units at Brae Birnie, 4 Mayne Road, Elgin for Mr. H. Kinnen
(23) 930762 Listed Building Consent to alter and extend dwellinghouse to provide a 3 bed/sittingroom units at Brae Birnie, 4 Mayne Road, Elgin for Mr. H. Kinnen
(24) 930893 Illuminated signboards at City Hotel, High Street, Elgin for Haymarket Leisure Plc
(25) 931108 Erect two temporary system buildings to north side of Dr. Grays building for use as x-ray facility and consulting room at Dr Grays Hospital, Elgin for Moray Health Services (26) 931151 Erect a conservatory at 11 Glenlossie Drive, Elgin for Mr. and Mrs. S. Chalmers
(27) 931195 Aviemore Type - Amend layout, plots 2 and 4 at Braelossie Hotel, Sheriffmill Road, Elgin for Tulloch of Cummingston
(28) 931199 Alter and extend house at 18 Hawthorn Road, Elgin for Mr. P. Clark
(29) 931220 Erect a multi-purpose extension, fences and gates at Diesel Centre, The Wards, Elgin for Mr. A. Adam
(30) 931222 Erect storage building, fuel tanks and wash bay at Sandy Road, Elgin for Hall & Tawse Scotland Limited
(31) 931229 Alter the roof structure at City Hotel, High Street, Elgin for CAC Leisure Plc
(32) 931234 Proposed alterations at 10 Fleurs Place, Elgin for Mr. H.G. Simpson
(33) 931290 Erect proposed "Cathedral Conservatories" Conservatory at 11 Birnie Crescent, Elgin for Mr. and Mrs. Shanks
Applications approved subject to conditions
(34) SUBMITTED:- A report by the Director of Planning and Development 931032 recommending approval of an application for consent for the change of use of first floor area to restaurant at High Spirits, Moss Street, Elgin for Mrs N. Jobling
DECIDED:- That planning permission be granted subject to the following conditions:-
(i) the development to which this permission relates must be begun not later than the expiration of five years beginning with the date on which this permission was granted;
(ii) unless otherwise agreed with the District Council, as Planning Authority, the development hereby approved shall be carried out strictly in accordance with the approved plans and conditions;
(iii) the proposed first floor extension to the rear of the premises shall be externally finished in roughcast and slate roof materials to match the external finishes of the existing ground floor extension.
Reasons:
(a) Standard time limit reason stipulated under The Town and Country Planning (Scotland) Act 1972; (b) in order to ensure that there are no unauthorised departures from the approved plans which could adversely affect the development or character and amenity of the surrounding properties and area;
(c) in order to ensure that the development harmonises with the appearance and character of the surrounding properties and area.
(35) SUBMITTED:- A report by the Director of Planning and Development 931033 recommending approval of an application for Listed Building Consent for change of use of first floor area to restaurant at High Spirits, Moss Street, Elgin for Mrs. N. Jobling
DECIDED:- That Listed Building Consent be granted subject to the following conditions:-
(i) the development to which this permission relates must be begun not later than the expiration of five years beginning with the date on which this permission was granted;
(ii) unless otherwise agreed with the District Council, as Planning Authority, the development hereby approved shall be carried out strictly in accordance with the approved plans and conditions;
(iii) the proposed first floor extension to the rear of the premises shall be externally finished in roughcast and slate roof materials to match the external finishes of the existing ground floor extension.
Reasons:
(a) Standard time limit reason stipulated under The Town and Country Planning (Scotland) Act 1972;
(b) in order to ensure that there are no unauthorised departures from the approved plans which could adversely affect the development or character and amenity of the surrounding properties and area;
(c) in order to ensure that the development harmonises with the appearance and character of the surrounding properties and area.
(36) SUBMITTED:- A report by the Director of Planning and Development regarding a 931215 consultation document in respect of the improvements of the roundabout (A96 Trunk Road) at Dr. Grays Hospital, Elgin for Scottish Office Industry Department
DECIDED:- That no objections be raised subject to the following conditions:-
(i) unless otherwise agreed with the District Council (as Planning Authority) the development shall be carried out strictly in accordance with the submitted plans and conditions 2 to 7 as set out below; (ii) the development shall relate to the submission as amended by the agent's letter dated 6 January, 1994 wherein proposals relating to the alteration of walls at Maryhill Hospital are excluded from consideration;
(iii) the provision of vertical expansion and movement joints and weepholes are expressly excluded and the construction, coursing and pointing of all new walls to be erected shall match the existing walls with a sample area of rebuilt wall prepared for on-site inspection by the Director of Planning and Development prior to the rebuilding of walls around the road frontage of the Hospital site;
(iv) unless otherwise agreed by the Planning and Development Committee all existing trees within the site shall be retained, protected during the proposed road improvements and rebuilding of walls to be undertaken to the satisfaction of the Planning and Development Committtee and not interfered with in any way;
(v) any trees which require to be removed shall be replaced by a species and size of tree in accordance with details which shall first be submitted to the Director of Planning and Development prior to the road improvement works first commencing;
(vi) prior to the commencement of the development and landscaping plan (drawn to scale) shall be submitted to the Director of Planning and Development showing existing trees, hedges, shrubs to be retained or removed together with details of the type, position and number of all planting to be undertaken and all surfacing materials;
(vii) all planting, re-seeding and turfing comprised in the details shall be carried out not later than the end of the first planting season after construction of the wall and any trees which within a period of 5 years from planting, die, are removed or become damaged or diseased shall be replaced in the next season with others of a size and species to the satisfaction of the Director of Planning and Development.
Reasons:
(a) to ensure an acceptable form of development having regard to the character and amenity of the locality;
(b) in accordance with the applicant's submitted particulars, the details of which have already been granted planning permission and Listed Building Consent issued under formal decision notices 930853 and 930854 dated 30 November, 1993;
(c) to ensure continuity of wall style and appearance which surrounds the Hospital site and in accordance with the applicant's letter dated 6 January, 1994;
(d) in order to ensure that the existing trees are retained as they add interest and character to the site and will contribute to the appearance of the development approved herewith;
(e) in the interests of the amenities and appearance of the locality;
(f) in order that detailed consideration can be given to the landscaping of the site; (g) in order to ensure that the landscaping works are timeously carried out and properly maintained in a manner which will not adversely affect the development or amenity and character of the area.
DECIDED FURTHER:- that representations be made to the Scottish Office regarding:-
(1) the concerns expressed at the meeting at the hazards faced by vehicles travelling westwards along the High Street and turning right into Maryhill across the "hatched" area of the road rather than using the roundabout;
(2) the concern that any right turn movements from the exit of Oldmills Road onto West Road would be dangerous and that to discourage any such movement the roundabout should be re-designed and appropriate signage provided; and
(3) the concern that for pedestrians leaving Dr. Grays there were no pedestrian crossings proposed at Pluscarden Road, West Road or to the Bus Stop at Maryhill.
The Committee also agreed that as the proposed reinstatement of the town fountain at the entrance to Dr. Grays was to be an important focal point of the entrance, that detailed proposals on its positioning should be submitted to the Committee for approval as soon as they were available.
(37) SUBMITTED:- A report by the Director of Planning and Development 931320 recommending approval of the change of use from a car accessories outlet to housing, including demolition of existing buildings and the erection of 9 no. flats and 8 no. maisonettes at Hill Street, Elgin for Mackenzie Investments.
Prior to discussion of this application Councillor Mackenzie declared his interest and left the meeting during its discussion and determination in which he took no part.
During discussion of this application a member referred to the report which had been published in England following concerns at the activities of the North Cornwall Planning Authority and which recommended that Local Authorities should avoid appointing Chairmen or Members of their Planning Committees whose business affairs were likely to bring them regularly into close contact with the Planning Authority.
DECIDED:- (a) That delegated powers be granted to the Director of Planning and Development to issue planning permission subject to the usual conditions and subject also to the condition that the roofs of the properties be in natural slate or redland cambrian tiles in order to be compatible with the surrounding buildings; and
(b) That it be remitted to the Director of Administration and Law to report to the next meeting of the District Council on the question of whether members with business interests should serve as members of the Planning and Development Committee.
FORRES - NO. 5 WARD
Applications noted as approved under delegated powers
(38) 931118 Proposed change of use of abattoir into a builders merchants premises (wholesale) at Waterton Road, Forres for Keith Builders Merchants Ltd
(39) 931138 Change of use of hobby ceramics shop to revert back to house at 1 St Leonards Road, Forres for Mr. and Mrs. E.J. Gray
(40) 931139 Change of use of shop to private workshop and storeman at 1B St Leonards Road, Forres for Mr. and Mrs. E.J. Gray
(41) 931159 Proposed new bungalow at 9 Brewster Drive, Forres for Mr. M.K. Shewan
(42) 931186 Alter roof space and form Dormas, 102 Bogton Road, Forres for Mrs. L. Ross
(43) 931224 Build dormer window/roofspace conversion works at 9 Drumduan Gardens, Forres for Mr. J. Barclay
(44) 931254 Build garage and bathroom extension onto gable of house at 49 Birkenhillock Road, Forres for Mr. and Mrs. B. Kay
(45) 931288 Erect a sectional wooden garage with concrete base at 91 Anderson Crescent, Forres for Mr. J. Henderson Application refused
(46) SUBMITTED:- A report by the Director of Planning and Development 930655 recommending approval of an application for change of use for storage of building materials and plant and erect 1.80m concrete post/chain link fence around perimeter at Waterford, Forres for Remac Construction Limited
Following discussion Councillor Mrs Cumiskie, seconded by Councillor Swanson, moved that the application be refused on the grounds that the proposed access was unsuitable in that its' use would pose considerable danger to the children who live adjacent to it.
Councillor Mackenzie, seconded by Councillor Proctor moved as an amendment that the application be permitted on the grounds that there had been no objection from the Roads Department. On a division there voted:-
For the motion (13) For the amendment (3) Abstentions (1) Councillor:- Councillor:- Councillor:-
Mrs Cumiskie Mackenzie Mrs Shaw Swanson Proctor Lawson Thompson Aldridge Mrs Anderson Mrs Davidson Fleming Howe Jappy Longmore Mann Mrs Scott Wilson
DECIDED:- That the application be refused on the grounds that the proposed access was unsuitable in that its' use would pose considerable danger to the children living adjacent to it.
FINDHORN VALLEY - NO. 6 WARD
Applications noted as approved under delegated powers
(47) 930701 Convert farm building to private dwelling at Cullerne Farm, Findhorn for Mr. E.W. Bichan
(48) 930975 Listed Building Consent to make alterations at West Lodge, Brodie for National Trust for Scotland
(49) 931077 Erect a reed bed system for treatment of effluent from septic tanks at Stable Inn, Kinloss for Mr. T.R. Fleetham
(50) 931161 Enlarge a dwelling house at Earlsmill House, Darnaway, Forres for Mrs. S.E. Beaton
(51) 931162 Listed Building Consent to enlarge a dwelling house at Earlsmill House, Darnaway, Forres for Mrs. S.E. Beaton
(52) 931166 Erect new dwellinghouse and timber garage at Bengray, Rafford for Mr. A. Stocks
(53) 931196 Extend house at 36 Woodside Drive, Forres for Mr. J. Stark
(54) 931247 Make alterations and form existing extensions at Freedom Cottage, Main Street, Findhorn for Mr. and Mrs. Robertson
(55) 931252 Erect a conservatory at 3 Granary Park, Rafford for Mr. and Mrs. J. MacNaught (56) 931269 Change the use of area of public amenity space to private garden ground to park car at 2 Corrour Court, Forres for Mr. I. Munro
(57) 931270 Erect chimney stack shute corner at Lochaber Cottages, by Forres for Mr. M. Stringer
(58) 931285 Enlargement of house at Culbin, Kintessack, by Forres for Mr. D.H. MacKay
(59) 931298 Erect a dwelllinghouse at Findhorn Foundation, The Park, 8 Bagend Cluster, Findhorn for The Findhorn Foundation
(60) 931307 Erect extension at 8 Woodside Drive, Sanquhar, Forres for Mr. D. Cook
(61) 931308 Convert existing roof space into bedroom and storage Pheasantry, Brodie, by Forres for Mr. A. Walker
(62) 931310 Erect fireplace and chimney at Kimberley Inn, Findhorn, Forres for Mr. B. Schubert
(63) 931313 Listed Building Consent to erect fireplace and chimney at Kimberley Inn, Findhorn, Forres for Mr. B. Schubert
(64) 931317 Alter cottage adjacent to farmhouse and extend cottage to form bay window and garage at Middlefield Farm, Near Forres for Mr. and Mrs. A. Grant
(65) 931380 Proposed roof modifications and dormers (new slate roof of 45 degrees pitch added) at Sunningdale, Rafford, by Forres for Mr. and Mrs. J. Salt
Application noted as refused after consultation with Local Member of Planning Authority
(66) 931112 Listed Building Consent to erect stone coping on parapet of SW tower parapet at Brodie Castle, Brodie for The National Trust for Scotland
Application approved subject to conditions
Councillor Aldridge left the meeting prior to consideration of the following application. (67) SUBMITTED:- A report by the Director of Planning and Development 900819 recommending that an application to erect dwellinghouse and garage on building site at Easter Lawrenceton, Near Forres for Mr. B. Whyte be permitted subject to conditions.
DECIDED:- That planning permission be granted subject to the following conditions:- (i) the development to which this permission relates must be begun not later than the expiration of five years beginning with the date on which this permission was granted;
(ii) unless otherwise agreed with the District Council, as Planning Authority, the development hereby approved shall be carried out strictly in accordance with the approved plans and conditions;
(iii) the roof shall be finished with grey tiles, details or samples of which shall be submitted to and approved by the District Council, as Planning Authority prior to development works first commencing;
(iv) sample panels of roughcast shall be prepared on the site for the inspection and approval of the Director of Planning and the roughcast work shall not be carried out until agreement has been reached with the Director of Planning regarding the type and colour of materials to be used;
(v) no part of the development shall commence until details have been submitted to and approved by the District Council, as Planning Authority, in respect of the following:-
(a) proposed finished ground levels throughout the site and in particular around the dwelling and garage;
(b) all landscaping proposals including existing trees, hedges, shrubs to be retained or removed together with details of the type, position and number of all planting to be undertaken;
(vi) as part of the requirements of Condition 5(b) provision shall be made to retain the existing trees in the north west corner of the site;
(vii) all planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the dwellinghouse or the completion of the development, whichever is the sooner; and any trees or plants which, within a period of 5 years from the planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a size and species to the satisfaction of the Director of Planning;
(viii) unless otherwise agreed all existing landscape features within the site and shown to be retained within the details required by Condition 5 above shall be protected during building operations to the satisfaction of the Director of Planning and not interfered with in any way; (ix) prior to erection details including location, length, height and materials of construction shall be submitted to and approved by the District Council regarding any proposed retaining wall or any other wall, fence or similar means of enclosure within the site;
(x) no boundary fences, hedges, walls or any obstruction whatsoever over 1.0m in height and fronting onto the public road shall be within 2.1m of the edge of the carriageway;
(xi) the width of the vehicular access shall be not more than 3.0m or not less than 2.4m and have a maximum gradient of 1:20 measured for the first 5.0m from the edge of the carriageway. Section of access over the public footpath/verge shall be to Grampian Regional Council specification and surfaced in bitmac; (xii) no water shall be permitted to drain on to the public footpath or carriageway;
(xiii) two parking space(s) shall be provided within the site;
(xiv) any existing ditch or waterway to be piped using a suitable diameter of pipe. The pipe shall be laid to self cleansing gradient. The frontager will be responsible for its maintenance thereafter;
(xv) a turning area shall be provided within the curtilage of the site to enable vehicles to enter and exit in a foward gear;
(xvi) new boundary walls/fences shall be set back from the edge of the public road at a distance of 1.8m. Line of boundary fence or wall at junctions shall be fixed by the Divisional Roads Surveyor;
(xvii) prior to any development works first commencing on the house and/or garage:-
(a) further excavation works shall first take place in the vicinity of the proposed soakaway location to establish the existence of any spring or other watercourse and in the event of a spring or similar being discovered then;
(b) all works on site shall cease until such times as details of all proposed remedial works to reduce the risk of pollution including proposals to intercept and pipe the water to the proposed manhole at the site access shall be submitted to and approved by the Director of Planning and Development, in consultation with Highland River Purification Board.
Reasons:
(1) Standard time limit reason stipulated under The Town and Country Planning (Scotland) Act 1972;
(2) in order to ensure that there are no unauthorised departures from the approved plans which could adversely affect the development or character and amenity of the surrounding properties and area;
(3) in order to ensure that the development harmonises with the appearance and character of the surrounding properties and area and in accordance with the applicant's agent's letter of 15 October, 1992;
(4) in order to ensure that the development harmonises with the appearance and character of the surrounding properties and area;
(5) to ensure an acceptable form of development and in the interests of the amenities and appearance of the site;
(6) in order to ensure that the existing trees are retained as they add interest and character to the site and will contribute to the appearance of the development approved herewith; (7) in order to ensure that the approved landscaping works are timeously carried out and properly maintained in a manner which will not adversely affect the development or amenity and character of the area;
(8) in order to ensure that the existing trees are retained as they add interest and character to the site and will contribute to the appearance of the development approved herewith;
(9) to ensure an acceptable form of developments, details of which are lacking from the current submission;
(10), (11), (12), (14) and (16) in the interests of road safety;
(13) in order to ensure that adequate parking is provided within the site so as to minimise the possibility of unnecessary parking on the public road;
(15) in order to ensure that vehicles can enter and leave the site in a forward gear thereby minimising the possibility of hazards on the roadway as the result of manoeuvres involving reversing;
(17) to ensure an acceptable form of development in the interests of pollution control and in accordance with letters received from the agent and on the applicants behalf dated 21 and 22 December, 1993 respectively.
Councillor Aldridge rejoined the meeting at this junction and Councillor Jappy left it.
Applications approved
(68) SUBMITTED:- A report by the Director of Planning and Development in regard to 930875 an application for a proposed housing development at Site B, Marycroft, Rafford for Mr. C. Armour (outline)
DECIDED:- That planning permission be granted subject to the retention of existing trees on the site of the boundary.
The meeting noted that this decision required to be referred to Grampian Regional Council as a departure from the Local Plan.
(69) SUBMITTED:- A report by the Director of Planning and Development in regard to 930876 an application for a proposed housing development at Site C, Marycroft, Rafford for Mr. C. Armour (outline)
DECIDED:- That planning permission be granted subject to the retention of existing trees on the site of the boundary.
The meeting noted that this decision required to be referred to Grampian Regional Council as a departure from the Local Plan.
(70) SUBMITTED:- A report by the Director of Planning and Development in regard to 930877 an application for a proposed housing development at Site A, Marycroft, Rafford for Mr. C. Armour (outline)
DECIDED:- That planning permission be granted subject to the retention of existing trees on the site of the boundary.
The meeting noted that this decision required to be referred to Grampian Regional Council as a departure from the Local Plan.
Councillor Jappy rejoined the meeting at this juncture.
(71) SUBMITTED:- A report by the Director of Planning and Development 930954 recommending approval, subject to conditions, to the alteration and extension of the existing retail unit and the alteration and extension of the existing car park at Brodie Countryfare, Brodie for Mrs. K. Duncan
DECIDED:- That subject to confirmation that there was no requirement for any consultation with the Scottish Office as the Trunk Roads authority in regard to the development, planning permission be granted subject to the following conditions:-
(i) the development to which this permission relates must be begun not later than the expiration of five years beginning with the date on which this permission was granted;
(ii) unless otherwise agreed with the District Council, as Planning Authority, the development hereby approved shall be carried out strictly in accordance with the approved plans and conditions;
(iii) notwithstanding provisions of the Town and Country Planning (General Development) (Scotland) Order 1992 or any Order revoking and re-enacting that Order, use of the "restaurant" and "ice cream parlour" for uses in Schedule 1, Part 1, Class 10 (except for use for sale of cold food for consumption off the premises) shall not be carried out without the approval of the District Council (as Planning Authority); (iv) all planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the extension or the completion of the development, whichever is the sooner; and any trees or plants which, within a period of 5 years from the planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a size and species to the satisfaction of the Director of Planning;
(v) unless otherwise agreed with the District Council as Planning Authority the development shall not commence until samples of the proposed roofing materials have been submitted to and approved by the Director of Planning;
(vi) sample panels of roughcast shall be prepared on the site for the inspection and approval of the Director of Planning and the roughcast work shall not be carried out until agreement has been reached with the Director of Planning regarding the type and colour of materials to be used; (vii) a turning area shall be provided within the curtilage of the site to enable vehicles to enter and exit in a forward gear;
(viii) unless otherwise agreed by the Director of Planning the car parking area shall be surfaced in blinded hardcore.
Reasons:
(a) Standard time limit reason stipulated under The Town and Country Planning (Scotland) Act 1972;
(b) in order to ensure that there are no unauthorised departures from the approved plans which could adversely affect the development or character and amenity of the surrounding properties and area;
(c) in order to retain Local Authority control over the use of the site and to ensure that consideration can be given to the effects and impact of uses other than that approved herewith;
(d) in order to ensure that the approved landscaping works are timeously carried out and properly maintained in a manner which will not adversely affect the development or amenity and character of the area;
(e), (f) and (g) in order to ensure that the development harmonises with the appearance and character of the surrounding properties and area;
(h) in order to ensure that vehicles can enter and leave the site in a forward gear thereby minimising the possibility of hazards on the roadway as the result of manoeuvres involving reversing.
Application deferred
(72) SUBMITTED:- A report by the Director of Planning and Development recommending 930753 refusal of the application for planning consent in respect of a proposed villa at 14 Whiteinch, Kinloss for Mr. G. Forbes
At this juncture Members' attention was drawn to supplementary information regarding this application which had been supplied by the applicants agent.
After discussion Councillor Proctor, seconded by Councillor Mrs. Anderson, moved that the development be permitted on the grounds that it was not intrusive to the locality and that the applicant had done his best to meet the planning guidelines as advised by the Department of Planning and Development in respect to the glazing and balcony elements of the development. Councillor Swanson, seconded by Councillor Mrs. Cumiskie moved as an amendment that consideration of the application be deferred until the meeting of this Committee on 9 March, 1994, in order to allow time for the parties to resolve outstanding matters over the detailing with particular regard to the balcony and the amount of glass being proposed.
Thereafter, following discussion, Councillor Mrs. Anderson intimated that she wished to withdraw her support for Councillor Proctor's motion. Subsequently, Councillor Proctor withdrew his motion.
DECIDED:- (a)That consideration of the application be deferred in order to allow officials further time to consult with the applicant and his agent regarding the details of the glazing and proposed balcony; and
(b) That the Director of Administration and Law should report to the meeting of the District Council on 16 February, 1994 regarding the wording of Standing Order No. 12 relating to the withdrawal of support for motions.
LAICH - NO. 7 WARD
Applications noted as approved under delegated powers
(73) 930245 Alter house and build garage at 34 King Street, Burghead for J.D. Cantley & G.W. Reid
(74) 930264 Erect a private dwellinghouse on vacant site Mid Street, Hopeman for Mr. R. Miele
(75) 930740 Improve cottage, build extension and septic tank at 1 Cottage, College of Roseisle for Mr. and Mrs. R. Stewart
(76) 930902 Erect proposed double garage on Plot 42 Coulardbank, Lossiemouth for Miss J. Carnegie
(77) 931110 Erection of new garages at 1-6 Muirton Crescent and 40-41 North Covesea Terrace, Lossiemouth for Ministry of Defence
(78) 931178 Retrospective application to erect boundary walls at 6 Malin Place, Lossiemouth for Mr. R. Stewart
(79) 931192 Erect garage and porch at Sheiling, Golf Road, Hopeman for H. McLaren
(80) 931193 Erect garage at 44 Dunbar Street, Burghead for Mr. C. Walls
(81) 931212 Erect one single garage at 25 Rockall Place, Lossiemouth for Mr. G.A. Forrest (82) 931244 Erect one 2,000 litre LPG Tank at Derlyn, 3 Maltings Cottages, Roseisle for Mr. W.J. Younie
(83) 931258 Alterations, new kitchen extension and lean to conservatory at 54 King Street, Burghead for Mr. and Mrs. G. Gordon
(84) 931262 Erect domestic garage and store at 17 Manse Road, Hopeman for Mr. R. Johnston
(85) 931297 Convert garage to diningroom/study and erect new single garage at 38 Dunbar Street, Burghead for Mr. and Mrs. Pridding
LOSSIEMOUTH - NO. 8 WARD
Applications noted as approved under delegated powers
(86) 930742 Change of use of existing hydro board depot and office to flats and house, and erect two houses at Clifton Road, Lossiemouth for Mr. F. Ralph
(87) 931086 Change use of existing store and extend same to form flat at 37 Queen Street, Lossiemouth for Mr. R. Clark
(88) 931133 Change of use of ground area to the south of the property from public amenity to private garden ground at 25 Woodland Walk, Lossiemouth for Mr. A. Edwards
(89) 931172 Erect boundary wall at Lossie Car Sales at Coulardbank Industrial Estate, Lossiemouth for Mr. K. Ellis
(90) 931223 Erect a garage at Lynn Glen, James Street, Lossiemouth for Mr. and Mrs. A. Thomson
Application noted as approved after consultation with Local Member of Planning Authority
(91) 931184 Erect garage and form entrance driveway at 25 King Street, Lossiemouth for Mr. and Mrs. J. Rattray
Application deferred
(92) SUBMITTED:- A report by the Director of Planning and Development 931005 recommending the approval of the change of use from a fruit and veg shop to an indian restaurant at 36 High Street, Lossiemouth for Mr. A. Rahman subject to conditions.
DECIDED:- That consideration of this application be deferred to the next meeting of this Committee on 9th March, 1994 in order to allow Members to visit the site. HELDON - NO. 9 WARD
Applications noted as approved under delegated powers
(93) 930844 Renewal of temporary consent to site two holiday caravans at Standingstone, Alves for Ms. J.E. Oliphant
(94) 930916 Erect house at Ardmhor, Thomshill, Birnie for Mr. Fraser
(95) 931065 Erect dwellinghouse and double garage (re-application) at Hatton Farm, Dallas for Mr. M. Vernon
(96) 931087 Proposed new building at Married Quarters, North Side Estate, Kinloss for Ministry of Defence
(97) 931150 Proposed nimrod maintenance school at RAF Kinloss, Kinloss for Ministry of Defence
(98) 931164 Proposed alterations and extension at 2 Norriston Cottages, Bruceland Road, Elgin for Mr. S. Hayes
(99) 931271 Erect farm store extension at Hatton Croft, Hempriggs, Kinloss for Mr. R. Bissett
(100) 931287 Extend Bruceland House, Bruceland, Elgin for Mr. and Mrs. T. McWhirter
Application noted as approved after consultation with Local Member of Planning Authority
(101) 930847 Erect new dwellinghouse at Barn, Mosstowie, By Elgin for Mr. K. Webb
Application deferred
(102) SUBMITTED:- A report by the Director of Planning and Development regarding 930549 outline planning permission for the development of three single storey dwellings at Lochiepots Road, Miltonduff for Allied Distillers (outline)
It was reported orally to the meeting that the objection by Mr. S. Adam regarding the development had been withdrawn and also that Major Yule had withdrawn his objection to one plot being developed.
DECIDED:- That the Director of Planning and Development be granted delegated power to permit one dwelling on the site subject to:-
(i) Appropriate neighbour notification being undertaken to include Major Yule;
(ii) such other conditions as the Director deemed appropriate; (iii) and the inclusion of a negative condition in relation to road provision.
INNES - NO. 10 WARD
Applications noted as approved under delegated powers
(103) 930990 Enlarge to side and rear and gas storage tank at Edder-Innes, Blinkbonnie, Garmouth for Mr. and Mrs. R. Bruce
(104) 930991 Listed Building Consent to enlarge to side and rear and gas storage tank at Edder-Innes, Blinkbonnie, Garmouth for Mr. and Mrs. R. Bruce
(105) 931144 Change of use of amenity ground to garden at 13 Cranmoss Court, Lhanbryde for Mr. and Mrs. A. Fraser
(106) 931170 Alter and extend existing cottage at 4 St Andrews Road, Lhanbryde for Mr. and Mrs. I. Spence
(107) 931208 Install 1200L LPG tank at 2 Northfield Place, Garmouth for Mr. and Mrs. G. Walker (108) 931219 Add extension to an existing dwelling at Moss of Meft Croft, Urquhart, Lhanbryde for Mr. J. James
(109) 931282 Erect extension to house at 2 Northfield Place, Garmouth for Mr. and Mrs. G. Walker
(110) 931318 Erect conservatory and double garage at Glenelg, Calcots, Near Elgin for Mr. I.R. Walker
(111) 931369 Erect a 1.8m high timber screen fence at 26 Glenesk Road, Lhanbryde for Miss W. Duncan
(112) 931392 Extend existing dwellinghouse at 6 South Road, Garmouth for Mr. D. Wilson
Application noted as approved after consultation with Local Member of Planning Authority
(113) 931052 Proposed alterations at 38 Woodlands Drive, Lhanbryde for Mr. S. Whyte
Application approved subject to conditions
(114) SUBMITTED:- A report by the Director of Planning and Development setting out 931266 details of an application for the erection of 27 houses and garages on plots at 24-50 inclusive (Phase II) at Beils Brae, Urquhart for Spence & Grant Limited DECIDED:- That authority be granted to the Director of Planning and Development to approve this application under delegated powers subject to the normal conditions and an additional requirement that prior to consent being issued an agreement be drawn up between the applicant and the planning authority regarding future landscaping requirements.
The meeting noted that this decision must be reported to the Grampian Regional Council as a departure from the Local Plan.
Application deferred
(115) SUBMITTED:- A report by the Director of Planning and Development 930985 recommending the refusal of a proposed new house, septic tank and oil storage tank and bund at Corskie, Garmouth for Mr. and Mrs. J. Green
DECIDED:- That consideration of this application be deferred for further consideration after discussion of an item on set down for consideration later on the agenda. Application noted
(116) SUBMITTED:- A report by the Director of Planning and Development appraising the 910520 Committee of recent developments in regard to an application to erect 3 bedroom bungalow and adjoining garage at Templand Cottage, Site at St. Andrews Road, Lhanbryde for Mr. and Mrs. J.H. Grant
DECIDED:- That the report be noted.
BUCKIE - NO. 11 WARD
Applications noted as approved under delegated powers
(117) 931149 Install velux rooflight and form dormer roof to rear of property at 133 Main Street, Buckie for Mr. and Mrs. R. Lawson
(118) 931168 Erect boundary wall and form hard standing area at 50 Netherha Road, Buckie for Mr. W. Milton
(119) 931183 Erect garage and conservatory at 30 West Cathcart Street, Buckie for Mr. C. Napier
(120) 931236 Construct dormers to provide bathroom at Clifton South, Land Street, Buckie for Ms. S. Smith
(121) 931295 Alter and extend garage at 9 St Peters Road, Buckie for Mr. E. Hay
(122) 931312 Erect house and garage on Plot 4 Netherha (Phase III), Buckie for Mr. and Mrs. A. Herd Application noted as approved after consultation with Local Member of Planning Authority
(123) 931152 Erect four houses at Colonsay Place, Buckie for KAD Properties (outline)
BUCKIE - NO. 12 WARD
Applications noted as approved under delegated powers
(124) 930862 Sub-divide an existing dwelling into two flats at 7 Victoria Street, Portessie, Buckie for R.E. Property Developers Limited
(125) 930903 Erect 1 No. detached house and garage on Plot 5 Portessie School, Buckie for Mr. and Mrs. Cushine
(126) 930914 Construct rock armour coastal protection work at Rook Craig, Buckie for Grampian Regional Council (127) 931187 Illuminated signs at the Duncan Centre, March Road Industrial Estate, Buckie for John Duncan Construction
(128) 931294 Alter and extend house at 3 Victoria Street, Portessie, Buckie for Mr. I. Baird
(129) 931367 Extend house and reposition garage at 11A Victoria Street, Portessie, Buckie for Mr. G. Clark
Application noted as approved after consultation with Local Member of Planning Authority
(130) 931074 Renewal of temporary planning consent for portable toilet unit to be open from April to October each year at Strathlene Caravan Park, Buckie for Moray District Council
Application approved
(131) SUBMITTED:- A report by the Director of Planning and Development in regard to 930845 the establishment of a recycling centre (roadway, fence, wooden shed) Highland Yard, East Cathcart Street, Buckie for Moray District Council
The Director of Planning and Development advised the meeting orally that the objections which had been lodged to the application had been resolved through the submission of an amended plan and had been withdrawn.
DECIDED:- That the Director of Planning and Development be granted delegated powers to authorise the issue of planning permission subject to:- (i) the development to which this permission relates is for a period of five years beginning with the date on which this permission was granted;
(ii) the consent is granted for operation between the hours of 8.00 a.m. and 5.00 p.m., Monday to Saturday inclusive;
(iii) the area around the oil recovery section is to be drained to the public sewer with the aid of an oil interceptor;
(iv) any other standard conditions as deemed appropriate.
Application refused
(132) SUBMITTED:- A report by the Director of Planning and Development 931165 recommending the refusal of the siting of a hot and cold snack van adjacent to Ziggy's Disco from 11 p.m. - 1.30 a.m. on Thursday, Friday and Saturday nights to undertake late hours catering at Commercial Road, Buckie for Mr. R.N. Webb
DECIDED:- (a) That planning permission be refused on the following grounds:-
(i) the proposal could cause traffic hazards as advised by Grampian Police for the following reasons:-
(ii) pedestrians leaving the adjacent nightclub premises could cross Commercial Road from behind the snack van into the path of motorists on Commercial Road; and
(iii) the visibility of motorists leaving the car park of the nearby nightclub premises may be obstructed by the van and customers associated with it resulting in the likelihood of collisions and injury to pedestrians; and
(b) That the Director of Planning and Development should submit a report to the meeting of the Planning and Development Committee on 9 March, 1994 regarding the criteria used in determining whether such vans required planning permission.
RATHFORD - NO. 13 WARD
Applications noted as approved under delegated powers
(133) 930861 Listed Building Consent to demolish outbuilding and stair and alter house at 15 Mid Street, Findochty for Mr. I. Cowie
(134) 930960 Extend dormer window and form window and door at 15 Mid Street, Findochty for Mr. I. Cowie
(135) 931007 Alter house and erect garage at 12 Seafield Street, Findochty for Mrs A. Coull (136) 931013 Listed Building Consent to alter house and erect garage at 12 Seafield Street, Findochty for Mrs A. Coull
(137) 931098 Demolish existing rear extension and rebuild new rear extension at 80 Seatown, Cullen for Mr. and Mrs. D. Sellar
(138) 931099 Listed Building Consent to demolish existing rear extension and rebuild new rear extension at 80 Seatown, Cullen for Mr. and Mrs. D. Sellar
(139) 931175 Upgrade and extend existing house to provide kitchen/bathroom and lounge at Muir of Findochty, Banffshire for Mr. and Mrs. D. Woodham
Applications deferred
(140) SUBMITTED:- A report by the Director of Planning and Development 931248 recommending that consideration of an application to erect residential building plot on Plot No 1 at Orchard, Kirktown of Deskford, Cullen for The Right Honorable The Earl of Seafield (outline) be deferred pending the outcome of the Local Plan Inquiry.
DECIDED:- That consideration of this application be deferred in order not to prejudice the outcome of the Local Plan Inquiry.
(141) SUBMITTED:- A report by the Director of Planning and Development 931249 recommending that consideration of an application to erect residential building plot on Plot No 2 at Orchard, Kirktown of Deskford, Cullen for The Right Honorable The Earl of Seafield (outline) be deferred pending the outcome of the Local Plan Inquiry.
DECIDED:- That consideration of this application be deferred in order not to prejudice the outcome of the Local Plan Inquiry.
(142) SUBMITTED:- A report by the Director of Planning and Development 931250 recommending that consideration of an application to erect of a one residential building plot on Plot No 3 at Orchard, Kirktown of Deskford, Cullen for The Right Honorable The Earl of Seafield (outline) be deferred pending the outcome of the Local Plan Inquiry.
DECIDED:- That consideration of this application be deferred in order not to prejudice the outcome of the Local Plan Inquiry.
LENNOX - NO. 14 WARD
Applications noted as approved under delegated powers
(143) 930907 Erect proposed house and garage at Clochan, By Buckie for Mrs Gordon (144) 931044 Form petrol sales kiosk at West End Service Station, Arradoul, Buckie for Mr. J.D. MacLean
(145) 931200 Form kitchen/dining room extension at Burnside Cottage, Burnside Caravan Site, Fochabers for Christies (Fochabers) Limited
(146) 931390 Extend house at 13 Crown Street, Portgordon for Mrs. A. Brodie
Applications noted as approved after consultation with Local Member of Planning Authority
(147) 931067 Extend function hall and change of use of store/garage to cafe at Grant Arms Hotel, Fochabers for Mr. E.J. Currie
(148) 931068 Listed Building Consent to extend function hall and change of use of store/garage to cafe at Grant Arms Hotel, Fochabers for Mr. E.J. Currie
(149) 931194 Extend building at 37 Gordon Street, Portgordon for Mr. P. Reid
Application deferred
(150) SUBMITTED:- A report by the Director of Planning and Development 930864 recommending that the proposed erection of a house with integral garage on Site 5 Nether Dallachy, Fochabers for Mr. R. Dawson be refused.
DECIDED:- That consideration of this application be deferred until after consideration later on the agenda regarding "Planning Applications - The Use of Delegated Powers" to allow officials to clarify policy matters which were deemed relevant to consideration of this application.
KEITH - NO. 15 WARD
Applications noted as approved under delegated powers
(151) 930820 Proposed new dwellinghouse on gap site (off Mid Street), Institute Lane, Keith for Linn Developments
(152) 930859 3 No. Plots for single dwellinghouses at corner of streets at Balloch Road and Bridge Street, Keith for Mr. B. Strachan (outline)
(153) 931011 Change of use of an ex-retirement home to private house at Linn House, Station Road, Keith for The Chivas & Glenlivet Group (154) 931015 Proposed conversion of existing house and shop into three dwellings at 45-47 Mid Street, Keith for Mr. J. Petrie
(155) 931071 Alter and extend dwellinghouse at 50 Mid Street, Keith for Mrs. G. Gordon
(156) 931083 Listed Building Consent to alter and extend dwellinghouse at 50 Mid Street, Keith for Mrs. G. Gordon
(157) 931106 Erect dwellinghouse and garage on Plot 3, Muldearie View, Keith for Mr. I. McIntosh
(158) 931185 Erect a dwellinghouse on Plot 9, Muldearie View, Keith for Mr. and Mrs. R. Shanks
(159) 931221 Erect house and garage on Plot 6 at Muldearie View, Keith for Mr. and Mrs. L. Runcie
(160) 931228 Erect a garage/workshop, greenhouse/summer house at Standfast, Newmill Road, Keith for Mr. G. Grant and Ms. H.M. Finnie
(161) 931296 Temporary consent for radio studios/offices at Bona Vista, Broomhill Road, Keith for Keith Community Radio
(162) 931347 Erect house and garage on Plot 12, Muldearie View, Keith for Mr. and Mrs. Rennie
Application noted as approved after consultation with Local Member of Planning Authority
(163) 930743 Alter existing houses to form sheltered homes and erect new sheltered homes (approx. max 5 or 6) at 114-116 Mid Street, Keith for Mr. I. Hay
STRATHISLA - NO. 16 WARD
Applications noted as approved under delegated powers
(164) 930978 Erect house and garage to rear of property at 43 Main Street, Newmill, By Keith for Mr. and Mrs. N. Coull
(165) 930992 Erect new dwellinghouse and garage on Plot 2 Riddoch Court, Rothiemay for Mr. N. Rodger
(166) 931167 Build a three bedroom bungalow to rear of properties at 44 and 46 Back Street, Newmill, by Keith for Mr. M. Thomson (outline)
(167) 931211 Erect garage and domestic workshop at Hillcrest, Rothiemay for Mr. D. Alexander (168) 931253 Erect new house at Ploverwards, Grange, Keith for Mr and Mrs Duguid
(169) 931261 Internal alterations and extensions with garage/workshop, store and septic tank at Twin Cottage Croft, South Bognain, by Keith for Mr. T. Finch
Applications noted as approved after consultation with Local Member of Planning Authority
(170) 930002 Replace old cesspit with new septic tank at Garden Cottage, Forgue, Near Keith for Mr. and Mrs. Coburn
(171) 931126 Erect repair workshop and croft store at Rosebank Croft, Aultmore, Keith for Mr. I. Riddel
Application approved subject to conditions
(172) SUBMITTED:- A report by the Director of Planning and Development 931286 recommending that the conversion of an outbuilding to change/toilet/mess and activity centre including canoe/kayak school bike hire and camping area and septic tank at Loch Park, Drummuir, by Keith for Loch Park, Rural Skills Training Centre be permitted subject to conditions.
DECIDED:- That planning permission be granted subject to the following conditions:-
(i) the development to which this permission relates must be begun not later than the expiration of five years beginning with the date on which this permission was granted;
(ii) unless otherwise agreed with the District Council as Planning Authority:-
(a) the vertical timber linings of the toilet/mess building shall be finished with a dark colour to the satisfaction of the Director of Planning and Development; and
(b) the corrugated iron roof of the toilet/mess building shall be finished with a dark colour to the satisfaction of the Director of Planning and Development;
(iii) unless otherwise agreed with the District Council, as Planning Authority, the toilet/mess building shall not be brought into use until such time as sample panels, at the site, have been agreed with the Director of Planning and Development showing the finished colours of the timber linings and roof sheeting referred to in Condition No. 2;
(iv) unless otherwise agreed with the District Council, as Planning Authority, the camping area shown on the approved plans shall only be used in association with the Rural Skills Training Centre and Activity Centre approved herewith; (v) the car parking areas shown on the approved plans shall be dug out, hardcored and blinded to the satisfaction of the Director of Planning and Development in accordance with Grampian Regional Council's specifications;
(vi) unless otherwise agreed with the District Council, as Planning Authority, the toilet/mess building shall not be brought into use until such time as the car parking areas referred to in Condition No 5 have been provided to the satisfaction of the Director of Planning and Development ;
(vii) no water shall be permitted to drain on to the public footpath or carriageway;
(viii) unless otherwise agreed with the District Council, as Planning Authority, the development hereby approved shall be carried out strictly in accordance with the approved plans and conditions;
Reasons:
(1) Standard time limit stipulated under The Town and Country Planning (Scotland) Act 1972;
(2) and (3) in order to ensure that the development harmonises with the appearance and character of the surrounding properties and area;
(4) in order to avoid any ambiguity regarding the terms of the consent;
(5) and (6) in order to ensure that adequate parking is provided within the site so as to minimise the possibility of unnecessary parking on the public roads;
(7) in the interests of road safety;
(8) in order to ensure that there are no unauthorised departures from the approved plans which could adversely affect the development or character and amenity of the surrounding properties and area;
Application refused
(173) SUBMITTED:- A report by the Director of Planning and Development 930355 recommending refusal of a proposed erection of a dwellinghouse and garage on Site (Former Prefab Housing Site) at Limehillock, Grange, Keith for Mr. G. Strathdee
DECIDED:- That planning permission be refused on the following grounds:-
(i) the proposal is contrary to the policies of this Authority for development in the countryside as specified in the Moray District Local Plan 1993-1998 Housing in the Countryside document;
(ii) the proposal involves unplanned development on an arbitrarily defined part of a field in an open location which would be detrimental to the appearance and character of the area; (iii) the amenity of a dwelling on this site would be adversely affected by the industrial/commercial activities carried out at the nearby former Quarry at Limehillock;
(iv) the proposal would establish an undesirable precedent for the development of adjacent plots within the same field and the unplanned development of other arbitrarily defined parts of field in the vicinity of the site;
(v) the design and layout of the proposed house and garage does not adequately reflect the established qualities of traditional buildings in the vicinity, is contrary to Local Plan policy concerning new development in the open countryside (reference Moray District Local Plan 1993-1998 Housing in the Countryside) and would represent a discordant element in the landscape.
SPEYSIDE - NO. 17 WARD
Applications noted as approved under delegated powers
(174) 920590 Extend existing toilet block and re-roof and alter existing planning permission to allow for 75 touring pitches at Elchies, Speyside for The Camping and Caravanning Club
(175) 931080 Erect house and garage on Plot 4 Braes of Allachie, Aberlour for Mr. and Mrs. Cryle
(176) 931300 Enlarge flat at 65 Land Street, Rothes for Mr. and Mrs. M. Morrison
Applications noted as refused after consultation with Local Member of Planning Authority
(177) 920448 Erect house and garage next Plot 1, Braes of Allachie, Aberlour for Status Timber Systems (outline)
(178) 930598 Erect house and garage on Plot 3, Aberlour Home Farm, Aberlour for Mr. and Mrs. G. Mackenzie (outline)
(179) 931204 Erect one dwellinghouse at Smallburn, Rothes for Mr. M. Fraser (outline)
(180) 931213 Erect house on Site (No. 3) (Re-application) at Bridge of Burnroy, Archiestown for Mr. W. Newlands (outline)
(181) 931214 Erect house on Site (No. 2) (Re-application) at Bridge of Burnroy, Archiestown for Mr. W. Newlands (outline)
Applications noted as approved after consultation with Local Member of Planning Authority (182) 930558 Resumption and extension of hard rock workings, installation of mobile plant, retention of buildings, and associated works at Netherglen Quarry, Glen of Rothes, Rothes for Mr. D. Dunbar-Naismith (183) 931064 Construct sewage treatment works and outfall drain at Speyside Camping Site at Elchies, By Craigellachie for The Camping & Caravanning Club
GLENLIVET - NO. 18 WARD
Applications noted as approved under delegated powers
(184) 931130 Erect vehicle and trailer store at Stronavaich, Tomintoul for Mr. W.H. Lannagan
(185) 931226 Erect sign column adjacent to shop and Post Office at Ballindalloch for Mr. E. Weddell
(186) 931274 Alter and enlarge house at 14 Tininver Street, Dufftown for C. and A. Mutter
(187) 931329 Erect garage at 3 The Braes, Glenlivert for Mr. Bulloch
Application approved
(188) SUBMITTED:- A report by the Director of Planning and Development 931124 recommending the refusal of a proposed agricultural workshop, dwellinghouse and septic tank at Glenrinnes School, Dufftown for Mr. Wiseman
Following discussion Councillor Mrs. Scott, seconded by Councillor Mrs. Cumiskie, moved that the application be approved on the basis that there appeared to be no other feasible alternative site and that the proposed development had the potential to provide local employment opportunities.
Councillor Lawson, moved as an amendment that the application be refused on the ground that there was no rational justification from departing from ED14. However, this amendment failed to find a seconder and subsequently the motion became the finding of the meeting.
DECIDED:- That the application be granted on appropriate conditions subject always to the need for the decision to be advertised as the departure from the Local Plan and that should any objections be forthcoming, the matter would require to be considered further and determined afresh following consideration of such objections and that if no objections were raised then the matter would require to be referred to Grampian Regional Council as a departure from the Local Plan. ADJOURNMENT OF MEETING
The meeting adjourned for lunch (time 12.40 p.m.)
RESUMPTION OF MEETING
The meeting resumed after lunch (time 2.00 p.m.) when the following Members were present:-
Councillors:- I. Lawson (Chairman) S.D.I. Longmore E. Aldridge G.A. Mackenzie Mrs M.E. Anderson L. Mann Mrs. H.M. Cumiskie J.A. Proctor Mrs. M.M. Davidson Mrs. A.M. Scott A.J. Fleming Mrs. J.M. Shaw T.A. Howe W.R. Swanson W. Jappy D.M.A. Thompson J. Wilson
IN ATTENDANCE
The Chief Executive (for para. 8) The Director of Administration and Law The Director of Planning and Development The Director of Environmental Health (for para. 8) The Depute Director of Planning and Development The Chief Assistant, Development Control
APOLOGY
An apology for absence was intimated on behalf of Councillor A. Farquharson.
8. PRESENTATION BY THE LOCAL ENTERPRISE COMPANY
The Chairman welcomed to the meeting Mr. Oliver Russell, Chairman of the Moray, Badenoch and Strathspey Enterprise Company and its Chief Executive Mr. Ruane. Thereafter, both Mr. Russell and Mr. Ruane addressed the Members on the work of the Local Enterprise Company and in doing so, sought to answer criticisms levelled at Local Enterprise Companies by Members at the meeting of the District Council on 5 December, 1993. Following this Members were given an opportunity to present further questions regarding the operations of the Local Enterprise Company.
DECIDED:- That the presentation and comments made by Mr. Russell and Mr. Ruane be noted and Members who had any detailed concerns or information relating to the operation of the Local Enterprise Company should correspond directly with Mr. Russell or Mr. Ruane.
9. PLANNING APPLICATIONS - THE USE OF DELEGATED POWERS SUBMITTED:- A report by the Director of Planning and Development in regard to the Seminar on the use of delegated powers held on January 17, 1994. DECIDED:- That the issues raised in the report should be considered further at the next meeting of the Planning and Development Committee on 9 March, 1994.
Councillors Mann and Mrs Davidson left the meeting at this juncture.
10. APPLICATIONS REFUSED FOR PLANNING PERMISSION
INNES - No. 10 Ward
Application refused
SUBMITTED:- A report by the Director of Planning and Development 930985 recommending that the application in regard to the proposed new house, septic tank, oil storage tank and bund at Corskie, Garmouth for Mr. J. Green be refused.
DECIDED:- That planning permission be refused for the following reasons:-
(i) the proposal is contrary to the approved policies of the Moray District Local Plan 1993-98 (Final Approved Version) regarding the design of new houses in the countryside (Policy HC5 refers); and
(ii) the proposal, by reason of design, including its form, scale and proportions and individual design elements, does not complement and enhance the local tradition of the countryside.
LENNOX - No. 14 Ward
Application Refused
SUBMITTED:- A report by Director of Planning and Development in regard 930864 to the erection of a house with integral garage at Site 5, Nether Dallachy, Fochabers.
DECIDED:- That consideration of this application be continued to the adjourned meeting of this Committee to be held on 1 February, 1994 to allow the Planning Department to make drawings available to the Committee showing the effect of recommended changes required in sizes/heights to meet the Planning Department policy guidelines.
11. PURCHASE OF A NEW DEVELOPMENT CONTROL/BUILDING CONTROL COMPUTER SYSTEM SUBMITTED:- A report by the Director of Planning and Development regarding the tenders received for the purchase of a new Development Control/Building Control computer system for the Planning Department and advising that the lowest tender, that in the sum of £59,760 from Norsk Data Ltd, had been accepted under the delegated powers previously granted by the Committee (para. 29 of the Minute of the meeting of this Committee held on 8/22 December, 1993 refers).
DECIDED:- That the report be noted.
12. BURGHEAD FORESHORE - PHASE 1 ENVIRONMENTAL IMPROVEMENTS (para. 8)
SUBMITTED:- A report by the Director of Planning and Development informing the Committee of the tenders received in respect of the Burghead Foreshore Environmental Improvements and advising that the lowest tender had been that from R. & C. Murray in the sum of £50,957.90 which, together with inclusion of servicing, fees and other incidental expenses brought the total project cost to £63,813.61 which was within the budget allocation of £65,000 and had been accepted accordingly under delegated powers.
DECIDED:- That the report be noted and that it be remitted to the Director of Planning and Development to report to a subsequent meeting of this Committee in respect of upgrading the lighting utilising the balance of the budgetary provision.
13. BUS DEPOT AT EAST CATHCART STREET, BUCKIE (paras. 8 & 9)
DECIDED:- With reference to the previous decision regarding the bus depot at East Cathcart Street, Buckie (para. 4(b) refers) the Committee agreed that the matter be referred to the District Council meeting on 16 February, 1994 for further consideration.
14. ADJOURNMENT OF MEETING
The meeting adjourned (time 4.07 p.m.) to 9.30 a.m. on Tuesday 1 February, 1994.
RESUMPTION OF MEETING
The meeting resumed (time 9.30 a.m) on 1 February, 1994 when the following Members were present:-
Councillors:- I. Lawson (Chairman) L. Mann E. Aldridge J.A. Proctor Mrs H.M. Cumiskie Mrs. A.M. Scott Mrs. M.M. Davidson Mrs. J.M. Shaw T.A. Howe W.R. Swanson W. Jappy D.M.A. Thompson S.D.I. Longmore J. Wilson IN ATTENDANCE
The Director of Administration and Law The Director of Planning and Development The Chief Building Control Officer The Depute Director of Planning and Development The Chief Assistant, Development Control The Estate Surveyor
APOLOGIES
Apologies for absence were intimated on behalf of Councillors Mrs. M.E. Anderson, A. Farquharson and G.A. Mackenzie.
15. FEES FOR APPLICATIONS AND DEEMED APPLICATIONS FOR PLANNING PERMISSION
SUBMITTED:- A report by the Director of Planning and Development advising the meeting of recent increases announced by the Secretary of State for Scotland in the fees payable for applications and deemed applications for planning permission.
DECIDED:- That the report be noted and COSLA be urged to make representations to the Government that these fees continue to be determined on a national basis rather than for individual authorities to be empowered to determine their own fee levels.
16. RIGHT OF WAY - THE CHERRIES, KINTESSACK
SUBMITTED:- A report by the Depute Director of Administration and Law advising the Committee that the Sheriff had recently ruled that there was indeed a Right of Way for pedestrians, horses, cycles and motor vehicles through the grounds of The Cherries, Kintessack and had authorised the District Council to remove any obstructions to the Right of Way if they were not removed voluntarily by the landowners from whom the costs of any necessary works undertaken by the District Council should be recovered.
DECIDED:-
(i) That the report be noted;
(ii) That any necessary expenditure to remove any obstructions to the Right of Way be authorised and any such costs be recovered from the proprietors of The Cherries; and
(iii) That the future maintenance of this Right of Way be referred to the Leisure and Libraries Committee.
17. EUROPEAN COMMUNITY OBJECTIVE 5(b) DESIGNATION
SUBMITTED:- A report by the Director of Planning and Development in regard to matters arising from the granting of European Community Objective 5(b) Status to the eastern part of the District and an invitation to the District Council from the Coalfield Communities Campaign to support a resolution regarding the "additionality" aspect of European Grants to be submitted to the U.K. Government. The Director advised the meeting orally of the outcome of a recent meeting of all partners in the Grampian 5(b) area to discuss the preparation of a 5(b) Regional Plan, representation on the Plan team and the composition of the Programme Monitoring Committee.
DECIDED:-
(i) That the Committee as the planning authority become a signatory to the Coalfield resolution; and
(ii) That representations should be made that the District Council should be represented on both the Regional Plan Team and the Programme Monitoring Committee.
Councillor A.J. Fleming joined the meeting following consideration of this matter.
18. SUBSCRIPTION RENEWAL
SUBMITTED:- A report by the Director of Planning and Development recommending that the District Council renew its subscriptions to the Scottish Council Development and Industry and the Planning Exchange.
DECIDED:- That the District Council's subscriptions to the Scottish Council Development and Industry and the Planning Exchange be renewed.
19. PEDESTRIANISATION OF ELGIN HIGH STREET - UPDATE ON PROGRESS
SUBMITTED:- A report by the Director of Planning and Development outlining developments regarding the pedestrianisation of Elgin High Street. The Director of Planning and Development advised the meeting orally as to further progress since the report had been prepared and informed Members that Grampian Regional Council did not share the District Council's understanding that the Regional Council had agreed to two members from both the Regional Council and the District Council serving on the Technical Working Party.
DECIDED:-
(i) That the exhibition material showing the proposals should continue to be displayed in the Planning Department reception area for the foreseeable future;
(ii) That the local members attending the next Technical Officer Group meeting voice Moray District Council's particular concerns on the matters of expenditure and traffic exclusion from west High Street;
(iii) That Grampian Regional Council be urged to resolve the matters raised by the formal objectors so that the project can remain on programme; (iv) That no final decision is taken regarding the financing of car park meter alterations until all the information is known; (v) That strong representations be made to Grampian Regional Council to accept the District Council's understanding that it had been agreed to appoint two Members of the District Council to the Technical Officer Group; and
(vi) That the Director of Planning and Development should clarify the issue of costs in relation to the exploration to be undertaken by the Regional Archaeologist during the contract period and report further.
20. MORAY DISTRICT LOCAL PLAN
SUBMITTED:- A report by the Director of Planning and Development summarising the position to date in regard to the Public Inquiry which had been held in December, 1993 and January, 1994 into objections and proposed Modifications to the Moray District Local Plan and setting out the procedures to be followed once the Reporter had submitted his findings.
DECIDED:- That the report be noted.
21. CAPITAL EXPENDITURE 93/94 - MONITORING STATEMENT
SUBMITTED:- A report by the Director of Planning and Development giving details of the Capital Expenditure incurred to date on the Planning Account for the year to 31st March, 1994.
DECIDED:-
(i) That the Policy and Resources Committee be requested to approve proposed expenditure on Development Control hardware in the financial year 1993/94 in lieu of the scheduled expenditure on a Graphical Package;
(ii) That the Director of Planning and Development should report to the next meeting of the Planning and Development Committee in regard to progress on the establishment of the proposed Findhorn Bay Local Nature Reserve;
(iii) That the offer of an additional £15,000 from the Local Enterprise Company towards the costs of infilling of the Buckie railway cutting be accepted and that the Director of Planning and Development be authorised to negotiate with the contractor the extension of the initial contract and in doing so to seek to achieve a lower price for the extension to the contract than the agreed rate for the original works;
(iv) That the Director of Planning and Development utilise finance received from Historic Scotland to arrange for a survey to be undertaken to determine the general state of repair of the embankments associated with the Cullen Railway Viaducts and report thereon and in addition report to the next meeting of this Committee on the financial expenditure over the last 7 years (including grant assistance) on the maintenance/upkeep of the Viaducts; (v) That a further report be submitted regarding the request from the Keith Initiative for assistance with work at Earls Park, Keith; and (vi) That the Policy and Resources Committee be requested to agree that the underspend from the Tyock Industrial Estate project be re-allocated to the project for the construction of a factory unit at Westerton Road, Keith and that if this was agreed the Director of Planning and Development be authorised to accept the lowest tender for this work.
22. BURGHEAD FORESHORE ENVIRONMENTAL IMPROVEMENT
SUBMITTED:- A report by the Director of Planning and Development in regard to the issue and return of tenders for the Burghead Foreshore environmental improvement project.
DECIDED:- That the report be noted.
23. ASSESSMENT OF THE ROADSIDE ADVERTISEMENTS ALONG A96 IN TERMS OF THE TOWN AND COUNTRY PLANNING (CONTROL OF ADVERTISEMENTS) (SCOTLAND) REGULATIONS 1984
SUBMITTED:- A report by the Director of Planning and Development in regard to the continuing assessment of roadside advertisements along the A96 in terms of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984.
DECIDED:-
(i) That the Director of Planning and Development invite submission of formal applications to be considered in terms of the new policy and where necessary take enforcement action once the Committee had agreed guidelines for roadside advertisements; and
(ii) That the Director of Planning and Development should make arrangements in consultation with the Chairman for a Seminar to consider the proposed guidelines and that he should also put forward recommendations to that Seminar for measures to control flyposting.
24. KEITH-DUFFTOWN RAILWAY ASSOCIATION
SUBMITTED:- A joint report by the Directors of Administration and Law and Planning and Development inviting the Committee to consider the recommendation by the Leisure and Libraries Committee that the legal expenses of £2,000 to be incurred by the Keith-Dufftown Railway Association in acquiring the line from British Rail should be met from the Rural Development Fund.
Councillor Mrs. Scott declared her interest in this matter and took no part in its discussion or determination.
DECIDED:-
(i) That a contribution of £2,000 be paid from the Rural Development Fund to the Keith- Dufftown Railway Association to meet the legal costs of £2,000 to be charged by British Rail subject to the Director of Administration and Law being satisfied that the legal expenses to be charged were reasonable; and
(ii) That it be emphasised to the Association that the District Council's financial assistance was merely to facilitate the acquisition of the line and did not imply any future commitment by the District Council to the Association.
25. PRIVATE (UNADOPTED) ROADS PROGRAMME 1993/94
SUBMITTED:- A report by the Director of Planning and Development advising the meeting that the lowest tenders for the four remaining schemes, those at Newmill, Lossiemouth, Aberlour and Rothes which it had been proposed should be undertaken during the current financial year under the Private (Unadopted) Roads Programme had now been received and that their total cost of £7,886 exceeded the remaining balance of £6,314 by £1,572, a sum which could be met by further virement from within the Planning and Development Revenue Budget.
The report also gave details of the proposed schemes to be carried out under the 1994/95 Programme and advised that a further report regarding these proposed schemes would be made once they had been considered by the Roads and Transportation Committee on Grampian Regional Council.
DECIDED:-
(i) That the Policy and Resources Committee be requested to grant the necessary virement between Revenue Budget Accounts to meet the shortfall to enable the four remaining schemes under the 1993/94 Private (Unadopted) Roads Programme to be undertaken;
(ii) That subject to the Policy and Resources Committee's agreement the lowest tenders for the four remaining schemes in the 1993/94 Programme should be accepted; and
(iii) A further report regarding the proposed schemes to be undertaken in 1994/95 should be submitted once these schemes had been considered by the Roads and Transportation Committee of Grampian Regional Council.
26. ECONOMIC STRATEGY REPORT
SUBMITTED:- A report by the Director of Planning and Development reviewing progress and developments to date in terms of the District Council's First Economic Strategy which had been adopted in 1992, summarising the main current issues affecting the local economy and setting out proposals as to how the District Council should assist in helping secure the development of the District's economy during 1994.
DECIDED:-
(i) That the proposals in the report for the District Council's involvement in assisting with the economic development of Moray District in 1994 be approved subject to the Moray Venture Capital Fund being included within the list of economic agencies with which the District Council would be liaising;
(ii) That the Director of Planning and Development write to congratulate McDermotts on their move out of "care and maintenance" basis;
(iii) That a further report be presented to this Committee on 9 March, 1994 regarding the possibility of establishing a Moray Economic Forum;
(iv) That a report regarding the possible establishment of a textile resources centre be submitted to the next meeting of the Planning and Development Committee on 9 March, 1994;
(v) That a further report be submitted regarding the establishment of Working Groups to address the particular difficulties faced by costal communities such as Buckie and Lossiemouth; and
(vi) That a further report be submitted clarifying the involvement of all the local bodies in tourism and the District Council's position vis-a-vis the Moray Tourist Board.
27. PORTKNOCKIE TOWN SCHEME
SUBMITTED:- A report, which was updated orally at the meeting by the Director of Planning and Development, informing Members of the current situation in relation to the Portknockie Town Scheme. The Director recommended that the Town Scheme should apply only within the original boundaries of the conservation area rather than the extended conservation area indicated in the Local Plan which would remove Seafield Street, Admiralty Street and High Street from the Town Scheme designation although properties in these streets would remain eligible for Civic Amenity Grants once the new Conservation Area boundaries had been adopted.
The Director also recommended that Article 4 directions should not be made in relation to the Town Scheme prior to May, 1996 and that in the interim where proposals constituted permitted development they would be dealt with in the same manner as those in Findochty and Cullen through an active process of persuasion and that where planning or listed building consent was required or a grant application was made the specifications outlined in the Schedule should apply for the Portknockie Town Scheme.
DECIDED:- That the report be noted and that the Director's recommendations be adopted.
28. APPLICATION FOR PLANNING PERMISSION
Deferred Application: Lennox - No. 14 Ward SUBMITTED:- A report by the Director of Planning and Development recommending refusal of the erection of a house with integral garage on Site 5, Nether Dallachy, Fochabers for Mr. R. Dawson (Application Number 930864), consideration of which had been deferred from earlier in the meeting (para. 10 refers) to allow the Director of Planning and Development to prepare drawings indicating the implications of the District Council's "Gables" policy as applied to the application.
After considering drawings exhibited at the meeting showing how the application would require to be amended to comply with the District Council's "gables" policy, Councillor Lawson, seconded by Councillor Mrs. Shaw moved that this application be refused as recommended by the Director of Planning and Development.
Councillor Howe seconded by Councillor Longmore moved as an amendment that the application be granted as submitted. On a division there voted:-
For the motion (9) For the amendment (6) Abstentions
Councillors:- Councillors:- Councillors:-
Lawson Howe Mrs. Shaw Longmore Swanson Fleming Thompson Mrs Scott Wilson Mrs Cumiskie Aldridge Jappy Mrs Davidson Proctor Mann
Accordingly the motion became the finding of the Committee.
DECIDED:-
(i) That the application be refused on the following grounds:-
(a) The proposal does not meet District Council agreed policy regarding the gable proportions and this, together with the overall scale of the building, would create the effect of an intrusively large building which would be unsympathetic with its surroundings;
(b) The proposed house would occupy a key location at the gate way to the village from the south and this, combined with its scale and proportioning, would result in an intrusive development to the detriment of the established character of Nether Dallachy.
(ii) That the Director of Planning and Development should send the applicant's agent a copy of the drawings indicating the effect of the Council's "gables" policy on the proposed design of the house for his information; and (iii) That the Director of Planning and Development should look to hold a Seminar in early course for local architects and developers to explain to them the District Council's "gables" policy to assist them in designing new houses prior to the submission of the relevant planning applications.
29. SITE AT LEA ROAD/CAROLINE STREET, FORRES - PROPOSED TRANSER TO ENVIRONMENTAL HEALTH ACCOUNT
SUBMITTED:- A report by the Assistant Estate Surveyor in regard to the proposed transfer of the Site at Lea Road/Caroline Street, Forres to the Environmental Health Account for development as a recycling centre.
DECIDED:- That the transfer of this area of ground be approved and that it be remitted to the Director of Finance to formalise the arrangements.
30. BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST - APPLICATIONS FOR GRANT
SUBMITTED:- Reports by the Director of Planning and Development regarding applications for grants in respect of buildings of special architectural or historic interest.
DECIDED:-
(a) That Civic Amenity Grants be awarded as follows:-
Applicant Property Grant
Trustees of Late Mr. R. Christie Coxton Tower, Near Lhanbryde £ 150.00
Mr. L. Innes Tannery, Hyde Park, Keith £7,000.00
Moray Citizens' Advice Bureau 149 High Street, Forres £ 970.00
Mr. A. Young Flat 4, 70 High Street, Forres £ 980.00
Mr. D. Carnie East wing, Braemorriston House, Elgin £ 900.00
Mr. and Mrs. Simpson Speyside, Church Street, Garmouth £1,200.00
(b) That the owner of the Tannery, Keith to be urged to "clean up" the site.
31. CROWN PROPERTIES: DESIGN APPRAISAL SCHEME
SUBMITTED:- A report by the Director of Community Services recommending that the Committee approve the introduction of a Design Appraisal Scheme whereby proposed developments to be undertaken by those bodies commonly referred to as "Crown Properties (including the Property Services Agency, the Ministry of Defence and the Crown Estate Commissioners) and which are exempted from the need to obtain building warrants could be assessed to ensure their compliance with the provisions of the Building Standards (Scotland) Regulations 1990/93.
DECIDED:- That as recommended a design appraisal scheme be implemented to serve those organisations exempted by Section 26 of the Building (Scotland) Act 1959/70 from the need to apply for full building warrants and that it be remitted to the Director of Community Services to proceed accordingly and to draw the existence of this scheme to the attention of those to whom it would apply.
32. ALTERATION TO FORM DWELLING, DELLACHAPEL, INNES ROAD, GARMOUTH
SUBMITTED:- A report by the Director of Community Services advising the meeting that the Secretary of State for Scotland had refused the appeal made to him against the District Council's decision to refuse an application for a relaxation from the provisions of the Building Standards (Scotland) Regulations 1990/93 in respect of a proposed dwellinghouse at Dellachapel, Innes Road, Garmouth.
DECIDED:- That the report be noted.
33. MOSSTODLOCH INDUSTRIAL ESTATE - FLOODING
SUBMITTED:- A report by the Principal Civil Engineer advising the meeting that regular monitoring had revealed that the remedial works which had been undertaken to improve the drainage at the Mosstodloch Industrial Estate had been satisfactory in that no reports of any flooding there had been received in the previous three months.
DECIDED:- That the report be noted and the three monthly monitoring schedule be maintained for the next twelve months.
34. LAND AND PROPERTY - TRANSACTIONS AND MANAGEMENT (paras. 8 & 9)
SUBMITTED:- A report by the Assistant Estate Surveyor regarding land and property transactions and management.
DECIDED:-
Name Details/Property/Location Decision Mr. Neil Reid 6 Parade Spur North, Pinefield Accept recommendation of Industrial Estate, Elgin one year rent free period
Mr. J. Hunter Contractors Yard, Mosstodloch Accept recommendation in Industrial Estate, Mosstodloch relation to proposed lease
Deanrun Ltd (T/A Lossie Site 7 Coulardbank Industrial Estate, Accept recommendation of Seafoods Limited) Lossiemouth 50% reduction in ground rental for the next 5 years
---- Site at Caroline Street, Forres Take no further action on the tenders received for site servicing. Accept offer from Lawfield Estate to purchase the site at the price offered and proceed accordingly. Mackies Quality Farmfoods, Mackies Quality Farmfood, Arradoul, Agree the revised rent. Arradoul, Buckie Buckie
35. SEASONAL GRAZING LETS (paras. 8 & 9)
SUBMITTED:- A report by the Assistant Estate Surveyor in regard to the offers received for seasonal grazing lets for the 1994 grazing season.
DECIDED:-
(i) That the undernoted offers be accepted:-
Name Field Position Tender
Alison MacKenzie Fields A and B Forres, Clovenside £865 James Watt Buckie, Auchentae £122 Ian & Denise Ross Portgordon, Tannachy Terrace £200 Alexander Morrison Keith, Cuthill £30 Charles Kelman Field D Elgin, Morriston £400 J. & J.D. Anderson Field B " " £1,500 " " " Field C " " " " " Field E1 " " " " " Field E2 " "
(ii) That the current arrangement with Mr. Speight, the tenant at Manse Road, Kinloss be continued for 1994.
(iii) That the Estates Surveyor report to a further meeting of this Committee on the feasibility of holding a Public Roup for the future allocation of Seasonal Grazing Lets.
36. KEITH INITIATIVE: POST OF PROJECT EXECUTIVE (para. 4) Prior to consideration of this item Councillor Mann declared his interest as a Director of the Keith Initiative and took no part in the discussion and determination of the item.
SUBMITTED:- A report by the Director of Planning and Development in regard to a request by the Keith Initiative that the District Council should grant further financial assistance to the Initiative towards the cost of re-engaging the services of a full-time Project Executive to assist the Initiative in implementing the findings of the Keith Study Report which had identified a number of projects and proposals to help restore the Keith area's economic fortunes.
The report summarised and assessed the Initiative's achievements to date and set out its targets for developments to be completed and undertaken during 1994 and 1995
DECIDED:- That the District Council contribute £7,000 towards the Keith Initiative for 1994/95 and that the Initiative be advised that the question of a further contribution being made by the District Council for 1995/96 would be dependent upon the District Council being satisfied as to the Initiative's progress in 1994/95.
37. STATION AREA, BURGHEAD - MORAY DISTRICT LOCAL PLAN DESIGNATION R5 (para. 13)
SUBMITTED:- A report by the Director of Planning and Development in regard to the development of the Station Area, Burghead which had been designated in terms of the Moray District Local Plan (ref. R5) as being appropriate for a development of up to 30 dwellings.
The report summarised discussions which had taken place with a number of the proprietors concerned and with Grampian Regional Council's Roads Department and advised that it was considered that the only satisfactory method of securing the necessary land to ensure access to the site would be by means of a Compulsory Purchase Order.
DECIDED:- That the District Council be recommended to make a Compulsory Purchase Order to acquire the necessary land required to provide an appropriate access to the site to allow for its comprehensive development for housing and that the report to the District Council also address concerns expressed by Members regarding the use of Compulsory Purchase Order procedures in this case.
38. WEST END DEVELOPMENT: GROUND AT HIGH STREET, ELGIN (paras. 8 & 9)
Prior to consideration of this item the Director of Planning and Development declared his interest in the matter and took no part in the discussion and determination of the item.
SUBMITTED:- A report by the Director of Administration and Law advising the meeting of correspondence which had been received from the prospective purchaser of the site owned by the District Council at the west end of the High Street, Elgin. The Depute Director of Planning and Development advised the meeting orally that the Director of Community Services had subsequently indicated his wish to investigate the feasibility of the site for a housing development by the District Council and accordingly would wish the District Council to take no further action in regard to the possible disposal of the site until such time as he had completed his investigations.
DECIDED:- That consideration of the future of the District Council owned ground at the west end of the High Street, Elgin should be continued meantime pending the submission of a report by the Director of Community Services.
39. OUTSTANDING ENFORCEMENT CASES - MONITORING SCHEDULE (para. 6)
SUBMITTED:- A report by the Director of Planning and Development in regard to the monitoring of outstanding enforcement cases.
DECIDED:- That the report be noted.
40. CLOSE OF BUSINESS
The Chairman declared the meeting closed at 12.22 p.m.