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ANGUS COUNCIL

MINUTE of MEETING of the DEVELOPMENT CONTROL COMMITTEE held in the Town and County Hall, on Thursday 1 December 2005 at 10.00 am.

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

Councillor McGLYNN, Convener, in the Chair.

1. DECLARATIONS OF INTEREST/INTIMATIONS OF CONTACT

In terms of the Council’s Good Practice Guidelines, the undernoted intimations of contact were made:-

• All Councillors present advised that, in relation to item 17, application No 05/01396/OUT they had received a letter from the applicants’ agent.

• Councillor McGlynn, advised that in relation to item 19, application No 05/01346/FUL, he had been approached by the applicant. He advised that he would be taking part in the discussion.

• Councillor Ellis advised that, in relation to item 14, application No 05/01471/FUL and item 19, application No 05/01346/FUL he had been contacted by the applicants. He advised that he would be taking part in the discussion. He also advised that in relation to item 18, application No 05/01566/OUT, he had had contact with the applicants, following their previous application. He advised that he would not be taking part in the discussion.

2. BUILDING WARRANTS

The Committee noted that during the period 31 October - 18 November 2005, a total of two Demolition Warrants, 4 Staged Warrants, 20 Amendments to Warrants and 95 Building Warrants had been approved with an estimated cost of £5,674,438.

PLANNING APPLICATIONS

3. DELEGATED APPROVALS

There was submitted Report No 1479/05 by the Director of Planning and Transport detailing the applications granted by him in accordance with the Scheme of Delegation appended to Standing Orders.

The Committee agreed to note the applications detailed in the Appendix to the Report granted under delegated powers during the period 2 -23 November 2005.

4. LAND AT WAGGLES COTTAGE, GLENESK,

There was submitted Report No 1480/05 by the Director of Planning and Transport detailing application No 05/00544/OUT by Mr G Coutts for the outline erection of a dwellinghouse on land at Waggles Cottage, Glenesk, Brechin. The application was recommended for approval with the requirement for a Section 75 Agreement to be signed to ensure continual maintenance of points of archaeological and historical interest.

Slides were shown.

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

5. 9 CHARLES STREET, CARNOUSTIE

There was submitted Report No 1481/05 by the Director of Planning and Transport detailing application No 05/01575/FUL by Mr and Mrs W Gourlay for the extension to a dwellinghouse at 9 Charles Street, Carnoustie. The application was recommended for refusal.

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Slides were shown.

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

6. 18 NEW ROAD, FORFAR

There was submitted Report No 1482/05 by the Director of Planning and Transport detailing application No 05/01499/FUL by Mr M Low for the erection of two garages at 18 New Road, Forfar. The application was recommended for approval.

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

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

7. 18 JAMIESON STREET, FORFAR

There was submitted Report No 1483/05 by the Director of Planning and Transport detailing application No 05/01533/FUL by Mr G Phillips and Mr E Campbell for the extension to a dwellinghouse and alterations to boundary wall at 18 Jamieson Street, Forfar. The application was recommended for refusal.

Slides were shown.

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

8. MOSSGIEL, SHEILHILL ROAD, NORTHMUIR,

There was submitted Report No 1484/05 by the Director of Planning and Transport detailing application No 05/01622/FUL by Mr & Mrs Roberts for the erection of a conservatory at Mossgiel, Shielhill Road, Northmuir, Kirriemuir. The application was recommended for refusal.

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

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

9. 102 HIGH STREET, MONTROSE

There was submitted Report No 1485/05 by the Director of Planning and Transport detailing applications No 05/01298/FUL and 05/01299/LBC by Mrs C McBride for the change of use of former store to form a dwellinghouse at 102 High Street, Montrose. The applications were recommended for approval.

Slides were shown.

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

10. GARDEN GROUND AT THE BUNGALOW, BRIDGE OF DUN, MONTROSE

There was submitted Report No 1486/05 by the Director of Planning and Transport detailing application No 05/01387/OUT by Mr and Mrs Crow for the outline erection of a dwellinghouse in garden ground at The Bungalow, Bridge of Dun, by Montrose.

The Committee noted that the applicant had withdrawn the application.

11. THREE LAWS OF , CRAIGO, MONTROSE

There was submitted Report No 1487/05 by the Director of Planning and Transport detailing application No 05/01609/FUL by Mr & Mrs Bayne for the alteration and extension to a dwellinghouse at Three Laws of Craigo. The application was recommended for approval.

Slides were shown.

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

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12. 3 WELL STREET,

There was submitted Report No 1488/05 by the Director of Planning and Transport detailing application No 05/01394/FUL by Mr M King for the extension to a dwellinghouse at 3 Well Street, Monifieth. The application was recommended for approval.

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

13. LAND AT EAST NEWBIGGING FARM,

There was submitted Report No 1489/05 by the Director of Planning and Transport detailing application No 05/01562/FUL by Mr I Reid for the erection of a farmers’ market and coffee shop on land at East Newbigging Farm, Tealing. The application was recommended for approval.

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

14. LAND AT PRIESTON FARM, TEALING

There was submitted Report No 1490/05 by the Director of Planning and Transport detailing application No 05/01471/FUL by R B Millar for the demolition of existing buildings and replacement with a new dwellinghouse on land at Prieston Farm, Tealing. The application was recommended for approval.

Slides were shown and Mr Adam, a supporter, and Mr Millar, the applicant, addressed the meeting.

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

15. LAND AT WOODSIDE OF GAGIE,

With reference to Article 18 of the minute of meeting of this Committee of 29 September 2005, there was submitted Report No 1491/05 by the Director of Planning and Transport detailing application No 05/01580/OUT by A Yeaman for the outline erection of a dwellinghouse on land at Woodside of Gagie, Murroes. The application was recommended for refusal.

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

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

COUNCILLOR ELLIS, SECONDED BY COUNCILLOR KING, MOVED, AS AN AMENDMENT, THAT THE APPLICATION BE APPROVED, AS THE PROPOSED DEVELOPMENT WOULD CONFORM TO, AND BE COMPATIBLE WITH, POLICY H7 OF THE ANGUS LOCAL PLAN SUBJECT TO THE CONDITIONS DETAILED IN REPORT NO 1110/05 AS THE REMOVAL OF THE STRUCTURE WOULD BE BENEFICIAL TO THE AREA AND ITS LANDSCAPE SETTING AND SUBJECT TO THE APPLICANT SIGNING A SECTION 75 AGREEMENT LIMITING THE DEVELOPMENT TO ONE HOUSE ONLY, AS AGREED BY THE DIRECTOR OF PLANNING AND TRANSPORT

On a vote being taken, the members voted:-

For the motion:-

Councillors McGlynn, Gaul and Spink (3).

For the amendment:-

Councillors Ellis, King, Leslie Melville and Selfridge (4).

The amendment was declared carried resulting in the application being approved, subject to the conditions detailed in Report No 1110/05.

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16. LAND AT SOUTH HOUSE, KINGENNIE

There was submitted Report No 1492/05 by the Director of Planning and Transport detailing application Nos 03/01003/FUL and 05/01355/FUL by Mr & Mrs Cooper for the erection of a garage and store and for the partial change of use of the house and grounds to the use of a roofers business on land at South Kingennie House, Kingennie. The application was recommended for approval subject to a Section 75 Agreement.

Slides were shown.

COUNCILLOR McGLYNN, SECONDED BY COUNCILLOR KING, MOVED THAT THE APPLICATIONS BE REFUSED AS THE PROPOSED DEVELOPMENT WOULD BE SERIOUSLY DETRIMENTAL TO THE CHARACTER AND RESIDENTIAL AMENITY OF THE AREA.

Councillor Ellis, seconded by Councillor Gaul, moved, as an amendment, that the applications be approved as detailed in the Report.

On a vote being taken, the members voted:-

For the motion:-

Councillors McGlynn, King, Leslie Melville and Spink (4)

For the amendment:-

Councillors Ellis, Gaul and Selfridge (3).

The motion was declared carried resulting in the applications being refused for the reasons detailed above.

17. LAND AT CASTLE BRAE,

There was submitted Report No 1493/05 by the Director of Planning and Transport detailing application No 05/01396/OUT by Mrs S Allan for the outline erection of a dwellinghouse on land at Castle Brae, Strathmartine. The application was recommended for approval.

Slides were shown and Mr Davidson, an objector’s agent, and Mrs McKay, the agent’s representative, addressed the meeting.

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

That the approval of the details of the siting, size, height, design, drainage and external appearance of the building(s) and the means of access thereto, shall be obtained from the Planning Authority before any development is commenced.

Reason:-

In order to comply with the requirements of the Town and Country Planning () Act 1997.

That the application for approval of the reserved matters specified herewith shall be made to the Planning Authority before:-

(a) the expiration of three years from the date of the grant of outline planning permission;

(b) the expiration of six months from the date on which an earlier application for reserved matters approval was refused; or

(c) the expiration of six months from the date on which an appeal against such refusal was dismissed, whichever is the latest.

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Only one application for approval of reserved matters (under (b) or (c) above) may be made after the expiration of a three year period mentioned in sub-section (a).

Reason:-

In order to comply with the requirements of the Town and Country Planning (Scotland) Act 1997.

That the development hereby approved must be begun not later than:-

(a) the expiration of five years from the date of the grant of outline planning permission;

(b) if later (under (b) or (c) in the above condition) the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last matter to be approved.

Reason:-

In order to comply with the requirements of the Town and Country Planning (Scotland) Act 1997.

That as part of the detailed plans full details be submitted of additional screening along the north and west boundaries of the site.

Reason:-

In the interest of residential amenity.

Having declared an interest at item 1 above, Councillor Ellis left the meeting during consideration of the following item.

18. SITE ADJACENT TO BALLOCH, FOWLIS

With reference to Article 16 of the minute of meeting of this Committee of 29 September 2005, there was submitted Report No 1494/05 by the Director of Planning and Transport detailing application No 05/01566/OUT by A Moncur for the erection of a dwellinghouse on land adjacent to Balloch, Fowlis. The application was recommended for refusal.

Slides were shown and Laura Marshall, Christine Ogilvie, Christine Pearson and Mr Cant, objectors, addressed the meeting. Mr Anderson, Barnardos, a supporter, and Mr and Mrs Moncur, the applicants also addressed the meeting.

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

19. LAND ADJACENT TO MUIRLOCH FARMHOUSE, FOWLIS

There was submitted Report No 1495/05 by the Director of Planning and Transport detailing application No 05/01346/FUL by Mr A Mitchell for the erection of a single storey dwellinghouse on land adjacent to Muirloch Farmhouse, Fowlis. The application was recommended for refusal.

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

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

20. LAND AT NORTH MAINS OF LIFF, MUIRHEAD

There was submitted Report No 1496/05 by the Director of Planning and Transport detailing application No 05/01464/FUL by Camperdown Construction for the erection of a dwellinghouse on land at North Mains of Liff, Muirhead.

The Committee noted that the applicant had withdrawn the application.

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21. 47 DUNCAN ROAD, LETHAM

There was submitted Report No 1497/05 by the Director of Planning and Transport detailing application No 05/01645/FUL by Mr and Mrs Henderson for the alteration and extension to a garage at 47 Duncan Road, Letham.

The Committee noted that the applicant had withdrawn the application.

22. LAND AT EASTERTON OF MELGUND, PITKENNEDY, FORFAR

There was submitted Report No 1498/05 by the Director of Planning and Transport detailing application No 05/00979/FUL by Mr A Murray for the erection of an essential worker’s dwellinghouse on land at Easterton of Melgund, Pitkennedy, Forfar. The application was recommended for approval subject to a Section 75 Agreement.

Slides were shown.

The Committee agreed that the application be approved, subject to the applicant signing a Section 75 Agreement tying the ownership of the house with the farm land.

23. LAND AT AVIEMORE FARM, BARRY

There was submitted Report No 1499/05 by the Director of Planning and Transport detailing application No 04/01590/OUT by David Jamieson for an essential worker’s house at Aviemore Farm, Barry. The application was recommended for approval.

Slides were shown.

The Committee agreed that the application be approved, subject to the applicant signing a Section 75 Agreement tying the ownership of the house with the farm land.

24. ELEVATION FARMHOUSE, ,

There was submitted Report No 1500/05 by the Director of Planning and Transport detailing application No 05/01309/FUL by G Geddes for the erection of a replacement dwellinghouse at Elevation Farmhouse, Colliston, by Arbroath. The application was recommended for approval.

Slides were shown.

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

That prior to commencement of the development full details of finished floor levels in relation to existing and proposed ground levels shall be submitted to and approved in writing by the Director of Planning and Transport and thereafter implemented in accordance with approved details.

Reason:-

In the interest of visual amenity.

25. REQUEST FOR VARIATION OF CONDITION AND CONFIRMATION OF SECTION 75 AGREEMENT - MEIKLE KENNY FARM, LINTRATHEN

There was submitted Report No 1516/05 by the Director of Planning and Transport which detailed a request to vary a condition proposed by Committee which provided for an improvement access to Meikle Kenny Farm and sought confirmation regarding a Section 75 Agreement to prevent a house being constructed on land between the existing and proposed access tracks at Meikle Kenny Farm.

The Committee noted that the Report had been deferred for further discussion with the owner of the site.

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Thereafter, the meeting was adjourned and reconvened at 6.00 pm.

Present: Councillors STEWART McGLYNN, FRANK ELLIS, IAIN GAUL, JOHN HENDERSON, ALEX KING, DAVID LUMGAIR, HELEN OSWALD, DAVID SELFRIDGE, RICHARD SPEIRS and ROBERT SPINK.

Apology: An apology for absence was intimated on behalf of THE HON R J LESLIE MELVILLE MBE.

Councillor McGLYNN, Convener, in the Chair.

26. DECLARATIONS OF INTEREST - PART 2 BUSINESS

In terms of the Councillors' Code of Conduct, the undernoted Declaration of Interest was made:-

• Councillor McGlynn declared an interest in item 35, application No 05/01302/OUT, as he had previously worked with the applicant. He intimated that he would not be taking part in the discussion.

27. GLEBE PARK, TRINITY ROAD, BRECHIN

There was submitted Report No 1501/05 by the Director of Planning and Transport detailing application No 05/01081/TEL by Hutchison 3G UK Limited for the erection of a 25 metre high floodlighting column with associated telecommunications antenna and dish at Glebe Park, Trinity Road, Brechin. The application was recommended for approval.

Slides were shown and Mr Birse, the applicant’s representative, addressed the meeting.

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

28. HARBOUR GUEST HOUSE, 4 THE SHORE, ARBROATH

There was submitted Report No 1502/05 by the Director of Planning and Transport detailing application Nos 05/00607/FUL and 05/00608/LBC by Mr & Mrs Adam for the proposed alterations and extension at Harbour Guest House, 4 The Shore, Arbroath. The application was recommended for approval.

Slides were shown.

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

29. LAND AT TRAVEBANK COTTAGE, TRAVEBANK, CARNOUSTIE

There was submitted Report No 1503/05 by the Director of Planning and Transport detailing application No 05/00214/OUT by Stanley Howard & Associates for the outline erection of five dwellinghouses at Travebank, Carnoustie.

The Committee noted that the applicant had withdrawn the application.

30. HAUGH WORKS, SOUTH STREET, FORFAR

There was submitted Report No 1504/05 by the Director of Planning and Transport detailing application No 05/01598/OUT by Webster Properties Limited for a residential development at Haugh Works, South Street, Forfar. The application was recommended for approval.

Slides were shown.

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

7. That the main vehicle access/egress to the site shall be taken from Kirkton Park and direct vehicle access/egress from the site to South Street shall be limited to no more than two dwellinghouses.

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DELETE condition 9.

DELETE reason 9.

Amended Condition:-

(Condition 24 now condition 23:)

23: That the layout, number of storeys and number of residential units as indicated on the submitted plans is not approved.

31. SANNA HOUSE, LOW ROAD, KIRRIEMUIR

There was submitted Report No 1507/05 by the Director of Planning and Transport detailing application No 05/01343/FUL by Gary Sinclair Architecture for the erection of an architect’s studio and wind turbine at Sanna House, Low Road, Westmuir. The application was recommended for approval.

Slides were shown.

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

In accordance with the Employee’s Code of Conduct, Elaine Whittet, Committee Officer, declared an interest in the following item.

32. WEBSTER’S HIGH SCHOOL SPORTS CENTRE, ROAD, KIRRIEMUIR

There was submitted Report No 1508/05 by the Director of Planning and Transport detailing application No 05/01420/FUL by Kirriemuir Community Sports Association for the erection of an all weather sports court, floodlighting, implement store and access pathways at Webster’s High School Sports Centre, Kirriemuir. The application was recommended for approval.

Slides were shown and Mr Gibb, an objector, and Mr Sinclair, a representative of Kirriemuir Community Sports Association, addressed the meeting.

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

Councillor Henderson, seconded by Councillor Oswald, moved, as an amendment, that the application be deferred for consultation between the applicant and the Director of Education and the Director of Leisure Services regarding further car parking spaces at the site.

On a vote being taken, the members voted:-

For the motion:-

Councillors McGlynn, Gaul, King, Lumgair, Selfridge, Speirs and Spink (7)

For the amendment:-

Councillors Ellis, Henderson and Oswald (3).

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

33. LAND AT SCOTSTON HILL,

There was submitted Report No 1509/05 by the Director of Planning and Transport detailing application No 05/00186/FUL by J S Baird & Sons for the erection of a 30 metre high anemometer mast for a period of one year on land at Scotston Hill, Auchterhouse. The application was recommended for approval.

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

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34. REQUEST FOR VARIATION OF SECTION 75 AGREEMENT - NEWTON ROAD/ BALMACHIE ROAD, CARNOUSTIE

There was submitted Report No 1510/05 by the Director of Planning and Transport which detailed a request by Robertson Residential to partially discharge and vary the Section 75 Agreement which related to the implementation and phasing of various road improvements at Balmachie Road/Newton Road, Carnoustie.

The Committee agreed:-

(i) to discharge the Section 75 Agreement insofar as it related to work required under Phase 1 and 2 of the Agreement, with the exception of the closure of Shanwell Road and the formation of the turning head, subject to confirmation from the Director of Roads and the Director of Planning and Transport that these works had been completed to their satisfaction; and

(ii) to vary the Section 75 Agreement to add an additional requirement to the effect that:-

• all works (including lit signing, road markings, traffic calming, build-out and alterations to affected existing vehicular access) required in connection with the implementation of a one way traffic system relating to Shanwell Road shall be completed to the satisfaction of the Director of Roads within eight weeks of the relevant Traffic Regulation Order by Angus Council.

Councillor McGlynn, having declared an interest at item 26, left the meeting during consideration of the following item.

Councillor Ellis, Vice-Convener, in the Chair.

35. LAND AT KINGENNIE FISHINGS

There was submitted Report No 1511/05 by the Director of Planning and Transport detailing application No 05/01302/OUT by M & D Forbes for the outline erection of additional chalet accommodation and 12 dwellinghouses on land at Kingennie Fishings, . The application was recommended for refusal.

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

The Committee unanimously agreed to approve the application, as the proposal provided an opportunity to secure recreational/tourist facilities within a high quality landscape setting which would benefit the visual amenity of the area, the wider environment and the local economy. The recreation/tourism facilities being dependent upon the associated housing, which although in the open countryside, was in close proximity to, and connected to Wellbank Village by an existing footpath link, and was therefore considered to justify a departure from the Development Plan, approval being subject to a Section 75 Agreement and conditions as agreed by the Director of Planning and Transport.

36. NEILSTON FARMHOUSE, , MEIGLE

There was submitted Report No 1512/05 by the Director of Planning and Transport detailing application No 05/01518/FUL by Mr A Crosgrove for the change of use from domestic garage to form car servicing and repair facility (retrospective) at Neilston Farmhouse, Kirkinch, Meigle. The application was recommended for refusal.

Slides were shown and Mr Cosgrove addressed the meeting.

The Committee thereafter agreed a five minute adjournment in order that members be afforded the opportunity to read a petition and letter referred to by Mr Cosgrove.

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The Committee agreed that the application be approved as the proposal would not introduce a non-conforming use into the area and would not unacceptably affect the residential amenity of neighbouring residents and, as such, was not contrary to policy H21 of the Angus Local Plan. The application would be subject to conditions as agreed by the Director of Planning and Transport.

37. 27 BLAIR’S ROAD, LETHAM

There was submitted Report No 1513/05 by the Director of Planning and Transport detailing application No 05/01047/FUL by N Milton for a replacement house at 27 Blair’s Road, Letham.

The Committee noted that the applicant had withdrawn the application.

38. PLANNING ENFORCEMENT

There was submitted Report No 1514/05 by the Director of Planning and Transport which updated the Committee on progress on enforcement cases by the Planning and Transport Department which had been agreed by the Development Control Committee.

After noting the current position, the Committee agreed that a Progress Report be submitted to each Development Control Committee meeting.

39. THE DEVELOPMENT CONTROL COMMITTEE - ARRANGEMENTS FOR MEETINGS

With reference to Article 21 of the minute of meeting of this Committee of 17 March 2005, there was submitted Report No 1515/05 by the Director of Law and Administration which detailed the outcome of the recent questionnaire completed by members of the Development Control Committee, all other members of the Council and planning agents.

COUNCILLOR McGLYNN, SECONDED BY COUNCILLOR ELLIS, MOVED THAT MEETINGS OF THE DEVELOPMENT CONTROL COMMITTEE CONTINUE TO TAKE PLACE AT 10AM AND 6PM.

Councillor King, seconded by Councillor Speirs, moved, as an amendment, that Development Control Committees be held on a Wednesday commencing at 2pm, with a break for refreshments be built into the programme.

On a vote being taken, the members voted:-

For the motion:-

Councillors McGlynn, Ellis, Gaul, Lumgair, Oswald, Selfridge and Spink (7)

For the amendment:-

Councillors Henderson, King and Speirs (3).

The motion was declared carried resulting in meetings of the Development Control Committee continuing to take place at 10am and 6pm, subject to the approval of the Strategic Policy Committee on 6 December 2005.

40. 2006/2007 REVENUE BUDGET

With reference to Article 39 of the minute of meeting of the Resources and Central Services Committee of 16 June 2005, there was submitted Report No 1353/05 by the Acting Director of Finance advising the Committee of the latest position with regard to the preparation of the Roads, Planning and Transport and Economic Development 2006/2007 Revenue Budgets and associated issues. Appended to the Report were summaries of the Departmental Provisional Base Budget for 2006/2007 as submitted to, and subsequently reviewed by, the Acting Director of Finance.

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The Committee agreed:-

(i) to note the contents of the Report for interest at this stage in the budget process; and

(ii) to note that more detailed Reports with specific recommendations would be brought forward later in the budget cycle.

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