28Th July, 1993 in a Meeting of the Planning and Development Committee of the Moray District Council Held at Elgin on the Twenty

28th July, 1993 In a Meeting of the Planning and Development Committee of the Moray District Council held at Elgin on the Twenty-eighth day of July Nineteen Hundred and Ninety-three.

PRESENT

Councillors:- I. Lawson (Chairman) G.A. Mackenzie E. Aldridge (from 11.30 a.m) L. Mann Mrs. M.E. Anderson J.A. Proctor Mrs. H.M. Cumiskie Mrs. A.M. Scott Mrs. M.M. Davidson Mrs. J.M. Shaw (from 11.00 a.m) T.A. Howe (from 11.00 a.m) W.R. Swanson W. Jappy D.M.A. Thompson S.D.I. Longmore J. Wilson

IN ATTENDANCE

The Director of Planning and Development The Depute Director of Planning and Development (in respect of items 12 - 32) The Depute Director of Administration and Law (from 11.00 a.m)

ALSO IN ATTENDANCE

The Chief Assistant, Development Control (in respect of items 1 - 8 and 16 - 32) The Chief Assistant, Local Plan and Industry (in respect of items 10 and 11) The Chief Building Control Officer, Department of Housing and Property Services (up to 11.00 a.m. and in respect of items 27 - 32) The Principal Administrative Officer (up to 11.00 a.m.)

1. APOLOGY

An apology for absence was intimated on behalf of Councillor A.J. Fleming.

2. ADDITIONAL BUSINESS

In terms of the relevant Standing Order, the meeting agreed to accept as additional items of business to be transacted at the meeting consideration of the decision of the Secretary of State for Scotland to "call-in" the decision of the District Council, as Planning Authority, in granting planning consent for the construction of shell units with parking to the rear and the demolition of derelict buildings at 213/225 and 221/225 High Street, Elgin on the Chairman certifying that, in his opinion, urgent consideration of this matter was required at the meeting to allow the Committee an early opportunity to determine how to proceed with this matter in the interests of the Planning Authority and the applicant, and also an invitation to the District Council to be represented at a conference entitled "Eco-Management and Audit in Local Government" to be held in London on 14th October, 1993 on the Chairman certifying that, in his opinion, the matter required to be considered at this meeting to enable the Director of Planning and Development to accept the invitation if the Committee so authorised.

3. 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 13 6 23 13 25 6 26 8 & 9 27 9 28 8 29 13 30 1 & 13 31 13 32 6

4. PRIOR MINUTES

(a) Minute of Meeting dated 16th June, 1993

The Minute of the meeting of this Committee dated 16th June 1993, as previously approved subject to amendments by the District Council at its meeting on 30th June, 1993 was submitted and approved.

Arising from the Minute:-

(i) Rail Services

Under reference to para. 9 of the Minute, the Director of Planning and Development advised Members orally that a meeting with Mrs. Ewing and Mr. Cyril Bleasdale O.B.E., the Director of ScotRail would be held on Thursday 5th August, 1993 at which Councillors Mrs. Cumiskie, Lawson, Mann and appropriate Planning Officials would be in attendance.

(ii) Applications for Objective 1 and 5B Status

Under reference to para. 11 of the Minute, the Director of Planning and Development advised Members orally that arrangements had been made for Mr. Conor Patterson, European Liaison Officer, Grampian Regional Council to give a presentation on European Commission Funding - Objective 1 and 5b Status to the District Council at its meeting on 18th August, 1993.

The meeting noted that the work programmes under Objective 5B status had been established and given the extension of Objective 1 status to the western and southern areas of Moray District and the decision of the Secretary of State for Scotland in the restructuring of Local Government to make a unitary authority based on the existing area of Moray District Council, it was agreed that the Director of Planning and Development make representations to the Scottish Office for the District Council to be represented on the Regional Plan Working Party involved in determining the priorities for Objective 1 status.

(iii) Balloch Trust Enterprises - Request for Financial Assistance

Under reference to para. 15 of the Minute, the Director of Planning and Development advised the meeting orally of a letter of thanks received from the Balloch Trust Enterprises following the decision of the District Council to provide financial assistance.

(b) Minute of Special Meeting dated 8th July, 1993

The Minute of the Special Meeting of this Committee dated 8th July, 1993 was submitted and approved.

Arising from the Minute:-

(i) Elgin Town Centre: Contribution to Pedestrianisation Scheme Under reference to para. 4(6) of the Minute it was agreed that the Director of Planning and Development, liaise with the Director of Leisure and Libraries regarding the progress on the restoration, to working order, of the fountain at the Plainstones and that a joint report be submitted to the next meeting of the Leisure and Libraries Committee to be held on 1st September, 1993.

(ii) Formation of Temporary Car Park at Dr. Gray's Hospital, Elgin

Under reference to para. 6(6) of the Minute, and following investigations by the Director of Planning and Development into the alleged removal of the cherry trees within the former rose garden in connection with the formation of a temporary car park, the Chief Assistant (Development Control) advised the meeting that the developments, to date, had been undertaken in accordance with the planning consent granted (para 6(45)(46) of the Minute of this Committee dated 23rd September, 1992 refers) and that the four trees which were removed had been diseased and were felled at different times.

It was agreed that the Director of Planning and Development make representations to the Health Board for the tidying up of the area around the car park and request that the Health Board give consideration to the replacement of the felled trees.

5. BUILDING (SCOTLAND) ACTS

(a) Applications for Building Warrants noted as approved under delegated powers

The meeting noted that 181 applications for Building Warrants had been determined by the Acting Director of Housing and Property Services since the last meeting of this Committee in terms of the powers delegated to him.

(i) Applications for Relaxation

18/890548 Alterations to dwellinghouse at 7 Macduff Place, Dufftown for Mr. A. Coutts per Mr. R.A. Marshall, Mid Mains, Duffus

Regulation 9(S2.9) Requirements with regard to number of risers

14/911247 Extension to dwellinghouse at 66a High Street, Fochabers for Mr. A. Johnston per I.A. Paterson Design, Sandrian, Roman Camp, Dallachy, Fochabers

Regulation 9(Q2.5) Requirements with regard to daylighting

13/930186 Erection of house and garage at Plot 14, Dyce Crescent, Findochty for Mr. M. Thain per I.A. Paterson Design, Sandrian, Roman Camp, Dallachy, Fochabers

Regulation 9(E2.60) Requirements with regard to storeys in dwellings over 4.5m

13/930187 Erection of house and garage at Plot 13, Dyce Crescent, Findochty for Mr. J. Herriott per I.A. Paterson Design, Sandrian, Roman Camp, Dallachy, Fochabers

Regulation 9(E2.60) Requirements with regard to storeys in dwellings over 4.5m

15/930750 Amendment of Warrant at Ugie House Hotel, Keith for Mr. R. McKay per Plans Plus, Main Street, Urquhart

Regulation 9(S2.6) Requirements with regard to stair treads

07/930756 Amendment of Warrant at 17 St Peters Road, Duffus for Mr. F. Duncan per Raymond A. Marshall, Mid Mains, Duffus

Regulation 9(S2.6) Requirements with regard to headroom to stairs.

04/930807 Change of use to form tearoom at 17 Commerce Street, Elgin for Mr. J. McGettrick per Mr. J.M. Farquhar, 1 Rosebrae Crescent, Elgin

Regulation 9(T2.4) Requirements with regard to sanitary provision for the disabled.

05/930820 Alterations at Eagle Hotel, North Street, Forres for Mr. J. Benzie, Eagle Hotel, North Street, Forres

Regulation 9(D2.3) Requirements with regard to non combustibility

Regulation 9(E2.8) Requirements with regard to width of escape routes

Regulation 9(E2.38) Requirements with regard to protected lobbies

04/930836 Change of use and alterations at 1 South Street, Elgin for Mrs. K. Robertson, Tillycairnie, Oldmeldrum

Regulation 9(D2.3) Requirements with regard to non combustibility

On the recommendation of the Acting Director of Housing and Property Services and subject, where appropriate, to the approval of the Firemaster 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.

(b) Alterations to form Dwellinghouse at Dellachapel, Innes Road, Garmouth for Mr. & Mrs. Battersby, per the Architectural Studio, The Orchard, Garmouth

Under reference to para. 4 (a)(ii) of the Minute of this Committee dated 16th June 1993 and after consideration of a report by the Acting Director of Housing and Property Services, it was agreed to establish an Ad Hoc Sub-Committee of the Planning and Development Committee comprising the Chairman, Vice-Chairman and Local Member to determine the appeal by The Architectural Studio against the decision of the District Council to refuse an application for relaxation of Regulation 9(Technical Standard S2.24) in respect of alterations to form a dwellinghouse at Dellachapel, Innes Road, Garmouth for Mr. & Mrs. Battersby.

It was further agreed that the Director of Administration and Law in consultation with the Chairman, Vice-Chairman, Local Member and Acting Director of Housing and Property Services should make the necessary arrangements for the appeal hearing and advise the applicants accordingly.

6. BUILDING STANDARDS (SCOTLAND) REGULATIONS

There was submitted a report by the Acting Director of Housing and Property Services advising Members of the publication, by the Scottish Office, of a consultation paper in respect of proposed amendments to part D of the current Building Regulations, relating to requirements regarding structural fire precautions and part E relating to means of escape.

The meeting considered that these amendments would result in an enhancement of the existing Standards and noted that a detailed response on the consultation paper had been prepared.

7. CONSTRUCTION OF SHELL UNITS (CLASS 1 - RETAIL AND CLASS 2 - OFFICES) WITH PARKING TO REAR OF PROPERTIES AT 213/225 HIGH STREET, ELGIN (921464) AND CONSERVATION AREA CONSENT: DEMOLISH DERELICT BUILDINGS AT 213 AND 221/225 HIGH STREET, ELGIN (921465) FOR ROBERTSON DEVELOPMENTS

The Director of Planning and Development advised the meeting orally of the decision of the Secretary of State for Scotland to "call-in" the decision of the District Council, as Planning Authority, to approve two applications by Robertson Developments relating to 213/225 and 221/225 High Street, Elgin (para. 6 (42)(43) of the Minute of this Committee dated 24th March, 1993 refers).

The meeting agreed to grant delegated powers to the Director of Planning and Development to continue negotiations with the Secretary of State and Historic Scotland on this matter.

Members and officials extended their best wishes to Mr. Harry Bremner (The Northern Scot) who took ill while attending this Committee .

8. APPLICATIONS FOR PLANNING PERMISSION

(a) Current Applications

ELGIN - NO. 1 WARD

Applications noted as approved under delegated powers

(1) 930364 Alter and extend frontage of dwellinghouse at 44 Deanshaugh Terrace, Bishopmill, Elgin for Mr. & Mrs Matheson

(2) 930406 Erect 12 no dwellinghouses (amended layout) on Plot No. 99 - 110 (Phase 2) at Woodlands, Bishopmill, Elgin for Robertson Residential

(3) 930407 Erect 19 No. dwellinghouses on amended Plots 111 - 129 (Phase 2) at Woodlands, Bishopmill, Elgin for Robertson Residential

(4) 930408 Erect new dwellinghouse and integral garage on ground to rear of property at 42 North Street, Bishopmill, Elgin for Mr. M. Matheson

(5) 930453 Erect double garage at 7 Caroline Street, Elgin for Mr. A. Grant

ELGIN - NO. 2 WARD

Applications noted as approved under delegated powers

(6) 930076 Erect new domestic double garage at 1 St. Andrews Road, Elgin for Mr. G. Youngson (7) 930083 Proposed fascia and projecting sign at 62 High Street, Elgin for National & Provincial Building Society

(8) 930084 Listed Building Consent for replacement of existing fascia signwork at 62 High Street, Elgin for National & Provincial Building Society

(9) 930348 Change of use of part store to showroom and provision of car parking at 31 Tyock Industrial Estate, Elgin for Bissett & Taylor

(10) 930425 Erect bedroom/shower extension at Craigie, Lesmurdie, Elgin for Mr. A. Munro

(11) 930499 Erect garage workshop at 12 Perimeter Road, Pinefield, Elgin for Robertson of Elgin Ltd

(12) 930543 Erect porch at 16 Longmoor Crescent, Bishopmill, Elgin for Mr. G. Whyte

Application noted as approved after consultation with Local Member of Planning Authority

(13) 930378 Erect 100 detached and semi-detached houses at Reiket Lane, Elgin for Robertson Residential

ELGIN - NO. 3 WARD

Application noted as approved under delegated powers

(14) 930434 Lower the kerb for access for a driveway and turning point at 34 Main Street, New Elgin, Elgin for Mr. I. Whyte Application noted as approved after consultation with Local Member of Planning Authority

(15) 930261 Bedroom and kitchen extension and change of use at 2 Millar Street, New Elgin, Elgin for Mr. D. Tonge

Application approved subject to conditions

(16) 930510 Provide 13 No. Houses (Plot Nos 1A, 1B, 1C, 2A, 2B, 8A, 8B, 9A, 9B, 10A, 10B, 11A, 11B) at Springfield Market Gardens, New Elgin, Elgin for Springfield Market Gardens (Elgin) Ltd

After consideration of a report by the Director of Planning and Development, having noted the terms of objections referred to therein and members having had the opportunity of visiting the site, Councillor Mrs. Anderson expressed her concerns that the two storey construction of the developments would result in a lack of privacy and moved that this matter be re-examined.

As there was no seconder for the motion, the motion fell and the meeting agreed 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) unless otherwise agreed with the District Council, as Planning Authority, the development shall not commence until samples of the proposed grey coloured roofing material have been submitted to and approved by the Director of Planning and Development; (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) the existing tree (Plot 11B) and hedging (Plots 1C, 2A and 2B) within the site as indicated on the approved plans shall be retained, protected during building operations to the satisfaction of the Director of Planning and Development and not interfered with in any way;

(vi) unless otherwise agreed the boundary enclosures as described on the approved plans shall be erected no later than the date the dwellinghouses are occupied;

(vii) 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; (viii) 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;

(ix) drop kerbs shall be provided across the access to Grampian Regional Council, Roads Department specification;

(x) no water shall be permitted to drain on to the public footpath or carriageway;

(xi) 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;

(xii) parking spaces shall be provided at the rate of two spaces per dwelling plot;

(xiii) unless otherwise agreed the houses shall not be occupied until such time as the road and footpaths serving them have been surfaced and completed to base course level to the satisfaction of the Director of Planning and Development;

(xiv) prior to development works first commencing details of the proposed surfacing materials for the access arrangements serving plots 10B, 11A and 11B shall be submitted to and approved by the Director of Planning and Development.

Reasons:

(i) Standard time limit reason stipulated under The Town and Country Planning (Scotland) Act 1972;

(ii) 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;

(iii) and (iv) in order to ensure that the development harmonises with the appearance and character of the surrounding properties and area;

(v) 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;

(vi) in order to ensure that the site is fully and properly developed in accordance with the approved plans;

(vii), (viii), (ix), (x) and (xi) in the interests of road safety;

(xii) 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; (xiii) to ensure an acceptable standard of road access and layout is provided at an early stage of the development;

(xiv) details are lacking from the current submission.

ELGIN - NO. 4 WARD

Applications noted as approved under delegated powers

(17) 930202 New conservatory to rear of property at 12 Marchfield Place, New Elgin, Elgin for Mr. P. Greenslade

(18) 930422 Alter and extend house at 39 Cockmuir Place, New Elgin, Elgin for Mr. A. Menzies

(19) 930495 Change of use from storage to chiropractic clinic and flat above 1 South Street, Elgin for Mrs K.E. Robertson

(20) 930501 Erect cattle court at Bilbohall Farm, Elgin for Moray Health Services

(21) 930524 Erect non-illuminated signboard at 150 High Street, Elgin for Mr. A. Asher

(22) 930632 Construct new boundary wall at 57 Glenlossie Drive, New Elgin, Elgin for Mrs. A.C. Conti

Application noted as approved after consultation with Local Member of Planning Authority

(23) 930465 Erect house in garden ground at 6 Fleurs Place, Elgin for Mr. A. Macaulay (outline)

Councillor Mackenzie declared an interest in the following application (930750) and although he did not leave the Chambers, he took no part in the consideration or determination of this application.

Application approved

(24) 930750 Reduce car parking requirements from 9 to 7 at Strathdonnan, High Street, Elgin for Miss L. Holmes

After consideration of a report by the Director of Planning and Development, the meeting agreed that the Director of Planning and Development be granted delegated powers to authorise the issue of planning permission subject to such conditions as were considered appropriate including that no objections are received to the revised proposals.

It was further agreed that should objections be received then this application be referred to this Committee. FORRES - NO 5 WARD

Applications noted as approved under delegated powers

(25) 930415 Extend premises to re-locate existing coin operated launderette machines at Monarch Laundry, Gordon Street, Forres for Mr. A. Gruddy

(26) 930440 Alter and extend house at 108 Anderson Crescent, Forres for Mr. P.J. Mackenzie

(27) 930563 Erect replacement porch at 18 Caroline Street, Forres for Mr. A. Williams

(28) 930596 Convert existing garage to lounge and car port at 27 Hilltop Road, Forres for Mr. & Mrs. MacDonald (29) 930623 Erect replacement conservatory at 106 Forbeshill, Forres for Moray Glass

Application approved subject to conditions

(30) 930494 Erect cottage and garage to rear of property at 28 High Street, Forres for MacKenzie & Grant

After consideration of a report by the Director of Planning and Development, having noted the terms of objections referred to therein, members having had the opportunity of visiting the site and having noted the concerns expressed by the local member, the meeting agreed 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) 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;

(iv) 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;

(v) no water shall be permitted to drain on to the public footpath or carriageway;

(vi) drop kerbs shall be provided across the access to Grampian Regional Council, Roads Department specification;

(vii) parking spaces shall be provided at the rate of one plus garage;

(viii) the opening path of up and over doors shall be contained within the site and shall not encroach on the public road (includes footway/verge);

(ix) 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.

Reasons:

(i) Standard time limit reason stipulated under The Town and Country Planning (Scotland) Act 1972;

(ii) 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;

(iii), (iv), (v), (vi), (viii) and (ix) in the interests of road safety;

(vii) 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.

FINDHORN VALLEY - NO. 6 WARD

Applications noted as approved under delegated powers

(31) 930172 Erect housing development comprising of 10 houses and 22 flats with 26 garages at Nairn Road, Forres for Mr. A. Adam (32) 930430 Erect conservatory and open new window at 1 Lochaber Cottages, Hillhead, By Forres for Mr. & Mrs. F. Villani

(33) 930435 Erect conservatory at Knockomie Lodge, Forres for Mr. B. Foran

(34) 930439 Extend existing radio station, erect new tower, dismantle 2 existing towers and 2 small huts and erect 3 m high security fencing at Burgie Hill Radio Station, Forres for Scottish Hydro-Electric Plc

(35) 930507 Proposed store extension and conservatory at Woodhead House, Kinloss, by Forres for Mr. H. Andrews

(36) 930522 Change of use (and extension) of Warden's Caravan to offices at Findhorn Bay Caravan Park, Findhorn for Findhorn Foundation

(37) 930555 Erect conservatory at 9 Whiteinch, Kinloss for Mr. & Mrs. J.R. Legge

(38) 930559 Erect garage and alter house at 12 Pilmuir Road, Forres for Mr. A. Newlands

(39) 930564 Erect porch at Bayview, Milton of Grange, Forres for Mr. R. Ogg

Applications noted as approved after consultation with Local Member of Planning Authority

(40) 921101 Erect 12 semi-detached and one detached dwellinghouses in garden at Moy House, Forres for Mr. J. MacKintosh

(41) 921469 Erect two dwellinghouses, barrel No. 2 and No. 3 at Findhorn Foundation, The Park, Findhorn for The Findhorn Foundation

(42) 930148 Erection of dwellinghouse on site R61 at Findhorn Bay Caravan Park, Findhorn for The Findhorn Foundation

(43) 930391 Alter and extend Alma Cottage, 204 Findhorn for Mr. G. Hunt

(44) 930392 Listed Building Consent to alter and extend Alma Cottage, 204 Findhorn for Mr. G. Hunt

Application deferred

(45) 921334 Erection of two semi-detached houses at Balnaferry House, Forres for Mr. P. Ross

After consideration of a report by the Director of Planning and Development, having noted the terms of objections referred to therein, the meeting in noting that the period for neighbour notification had not yet expired, agreed that the Director of Planning and Development be granted delegated powers to determine this application in consultation with the Local Member.

LAICH - NO. 7 WARD

Applications noted as approved under delegated powers

(46) 930298 Alter and extend existing dwellinghouse and erect garage at 2 West Mains Cottages, Duffus for Mr. & Mrs. L. Mitchell

(47) 930410 Erect timber garage at 2 Keith Road, Burghead for Mr. I. Dick

(48) 930411 Alter an existing rear wall at St. Ronan's, 5 Millfield Drive, Hopeman for Mr. G. Sutherland (49) 930412 Alter and extend house for disabled person at 14 Hutcheon Street, Hopeman for Mrs. A. McPherson

(50) 930426 Install 1200kg propane gas tank at 20 Granary Street, Burghead for Mr. J.A. Ralph

(51) 930445 Erect 2 semi-detached bungalows and 2 garages on Plot 40, Golf View, Hopeman for Tulloch of Cummingston

(52) 930447 Construct two gas meter kiosks adjacent to site boundary at RAF Lossiemouth for Ministry of Defence

(53) 930451 Erect new outhouse at 16 St Peters Road, Duffus for Mr. & Mrs. Walker

(54) 930459 Change the use of part of garage to store a small number of carpets at Morven, Dunbar Street, Burghead for Mrs. I. Munro

(55) 930464 Erect a dwellinghouse with integral garage on Plot 51, Boyd Anderson Drive, Lossiemouth for Mr. W. W. Stewart

(56) 930473 Upgrade farm cottage at Kinneddar House, Lossiemouth for Mrs. S. Hume

(57) 930506 Erect a fersina conservatory to the rear of property at Morven, Cummingston, Near Hopeman for Mr. & Mrs. J.H. Robinson

(58) 930523 Erect dwellinghouse and garage on Plot 47 Coulardbank, Lossiemouth for Mr. M. Dean

(59) 930620 Convert attic space and erect new garage at 7 Church Road, Duffus for Mr. & Mrs. Millington

Applications noted as approved after consultation with Local Member of Planning Authority

(60) 930116 Erect a house and garage at 82 Forteath Street, Burghead for D. Main (Builders)

(61) 930173 Erect new dwellinghouse and double garage on Plot 2, Windyridge, By Lossiemouth for Mr. B. Lewis

Application noted as refused after consultation with Local Member of Planning Authority

(62) 930515 Erect 2 houses on ground to rear of property at Duthill Cottage, Cummingston for Ms. M. McKenzie (outline)

Application approved

(63) 930382 Erect proposed dwellinghouse at MacPherson Street, Hopeman for Ashley Bartlam Partnership

After consideration of a report by the Director of Planning and Development, having noted the terms of objections referred to therein and members having had the opportunity of visiting the site, Councillor Thompson, seconded by Councillor Proctor, moved that this application be approved on the grounds that detailed plans, which are typical to the character of the village of Hopeman, had been submitted by the applicant.

As an amendment, Councillor Lawson, moved that this application be refused as recommended by the Director of Planning and Development on the grounds of the very restricted nature of the site and he considered that approval of the application would give the site the appearance of over- development.

As there was no seconder for the amendment, the motion became the finding of the meeting and it was agreed that the Director of Planning and Development be granted delegated powers to authorise the issue of planning permission subject to such conditions as were considered appropriate.

It was further agreed that the Director of Administration and Law formally advise on the necessary legal procedures in relation to the allegation that the footpath crossing the site is a public Rights of Way.

LOSSIEMOUTH - NO. 8 WARD

Applications noted as approved under delegated powers

(64) 930356 Retrospective application to erect a temporary timber shed, fence and storage bins at Unit 1, Coulardbank Industrial Estate, Lossiemouth for Mr. A. Stewart

(65) 930394 Alter and extend dwellinghouse at Hamnavoe, James Street, Lossiemouth for Mr. & Mrs. Madden

(66) 930409 Alter and extend house at 4 High Street, Lossiemouth for Mr. I. MacKenzie

(67) 930449 Extend house at 20A Seatown, Lossiemouth for Mr. R. Scorer

(68) 930504 Change of use: Convert into 8 No Flats at 12 Commerce Street and High Street, Lossiemouth for Mr. D. Stewart (outline)

(69) 930533 Alter and extend loft to form two bedrooms and ground floor WC at 19 Queen Street, Lossiemouth for Mr. & Mrs. Aspland

(70) 930546 Erect an extension to kitchen/dining area at 22 MacDonald Drive, Lossiemouth for Mr. & Mrs R. Thompson (71) 930566 Erect dwellinghouse and garage to rear of property at Pennick, St. Gerardines Road, Lossiemouth for Ms. A. Steel (outline)

(72) 930609 Erect a garage at 74 Inchbroom Avenue, Lossiemouth for Mr. & Mrs. A. Scott

Application noted as refused after consultation with Local Member of Planning Authority

(73) 930371 Erect a house and garage at Ogston Lane, Lossiemouth for Mr. & Mrs. J. Dunlop (outline)

HELDON - NO. 9 WARD

Applications noted as approved under delegated powers

(74) 930259 Listed Building Consent to demolish extension and upgrade existing Oakwood Motel, Forres Road, Elgin for Caledonian Bank Plc

(75) 930404 Erect house and garage at Wester Coleburn, Longmorn, by Elgin for Mr. & Mrs C. Watson

(76) 930405 Erect conservatory and garage at Hogarth, Longmorn, by Elgin for Mr. D.G. Newman (77) 930436 Erect a conservatory at Hill of Edinvale, Dallas for Mr. & Mrs. T. Griffith

(78) 930437 Site a temporary caravan - residential at 6 Wester Coleburn, Longmorn, Elgin for Mr. & Mrs. C. Watson

(79) 930452 Alter and extend house at Stoneyfield Farmhouse, Pluscarden, Elgin for Mr. A. MacKay

Application noted as refused after consultation with Local Member of Planning Authority

(80) 930401 Erect one private dwelling on a one acre site on site 2 Rutland Cottage, Asliesk, by Forres for Mr. & Mrs. Sellwood (outline)

Applications deferred

(81) 880760 Erect two dwellinghouses at Site C, Miltonduff, by Elgin for Mr. W.A. Yool (outline)

After consideration of a report by the Director of Planning and Development the meeting noted that a formal objection relating to this application had been received following publication of the Moray District Local Plan 1993/98 and agreed to defer consideration of this application to enable the objection to be considered at a Public Local Inquiry.

(82) 880862 Erect dwellinghouse on Plot 4, Muir of Miltonduff, Near Elgin for Mr. F. Thomson (outline)

(83) 880863 Erect dwellinghouse on Plot 6, Muir of Miltonduff, Near Elgin for Mr. F. Thomson (outline)

(84) 901098 Erect dwellinghouse at Lochiepots, Miltonduff, by Elgin for Mr. S.P. McConnell (outline)

INNES - NO. 10 WARD

Applications noted as approved under delegated powers

(85) 920245 Erect a single detached dwellinghouse on 0.032 ha at Beach Road, Kingston, Garmouth for D.A. Goodfellow and J.N. MacDonald (outline) (86) 930285 Extend (rear new kitchen, bathroom and bedroom front porch) at Woodend Croft, by Lhanbryde for Mr. J. Riddoch

(87) 930387 Erect a 10 tonne semi-goliath crane at Steelstock Ltd, Garmouth Road, Mosstodloch for British Steel Distribution

(88) 930419 Erect 5 houses on Plots 29, 30, 31, 41 and 44 Mosstodloch Development, Mosstodloch for Property Improvements

(89) 930466 Erect house with integral garage on Plot 23 Elsher Road, Lhanbryde for Mr. & Mrs. M. Williamson

(90) 930481 Alter and extend house at 1 Pitgaveny, Elgin for Mr. K.A. Grant

(91) 930485 Erect new dwellinghouse and timber garage on Plot 1, Orbliston Station, Orton for Mr. & Mrs P. Costello

(92) 930487 Erect single garage on site 2, Green Road, Garmouth for Mr. R. Suarez

(93) 930488 Erect single garage on site 1, Green Road, Garmouth for Mr. R. Suarez

(94) 930489 Erect single garage on site at Station Road, Garmouth for Mr. R. Suarez

(95) 930491 Erection of conservatory extension at Winton, by Lhanbryde for Mr. & Mr. D.F. Holding

(96) 930500 Alter and extend existing house at Elderslie, High Street, Garmouth for Mr. & Mrs. B. Milne

(97) 930514 New conservatory to front of house at 1 Station Row, Lhanbryde for Mr. I. Ogg

(98) 930516 Erect sun porch/bathroom extension at Burnside of Dipple, Fochabers for Mr. D. Brown

(99) 930517 Install LPG tank - capacity 1200L at house (formerly Victoria Terrace) Victoria House, Beach Road, Kingston for Mr. & Mrs. W. Watt

(100) 930518 Change the use of 64 square metres of land to garden ground adjacent to property at 8 Cranmoss Court, Lhanbryde, by Elgin for Mr. & Mrs. A. Boyd

(101) 930528 Erect lounge extension at 28 Pinewood Road, Mosstodloch for Mr. & Mrs. J. & C. Anderson

(102) 930535 Erect garden wall at Roselea, Stynie Road, Mosstodloch for Mr. P. Fishwick

(103) 930537 For construction of a 45,000 cubic metre service reservoir (OS grid reference 328280E 856850N) Badentinan, Fochabers for Grampian Regional Council

(104) 930540 Erect "Moray Glass" conservatory and form new window at Pitairlie, Pitgaveny Estate, Near Elgin for Mr. & Mrs J. Simpson

(105) 930569 Remove small timber garage and erect new timber garage at Brynony, Lein Road, Kingston for Mrs Henderson

(106) 930570 Extend existing lounge at Armohr, Kingston for Mr. & Mrs. J. Baillie (107) 930579 Remove existing garage, erect replacement garage and conservatory at 11 March Court, Lhanbryde for Mr. S. Cow

(108) 930612 Alter and extend to provide additional office accommodation incorporating enlarged open plan office, meeting room, tea room and toilet/locker rooms at Westholme, Fochabers for Baxters of Speyside Ltd

Applications noted as refused after consultation with Local Member of Planning Authority

(109) 930482 Erect new dwellinghouse on Plot 2 Doo-Hill, Lhanbryde for Mr. A. McGregor (outline)

(110) 930483 Erect new dwellinghouse on Plot 1 Doo-Hill, Lhanbryde for Mr. A. McGregor (outline)

Application approved subject to conditions

(111) 930288 Change of use of disused land to taxi business including siting of caravan and car parking at Mosstodloch Filling Station, Mosstodloch for Mr. C. Nicol

After consideration of a report by the Director of Planning and Development, having noted the terms of objections referred to therein and having noted the representations of the local member, Councillor Mrs. Shaw, seconded by Councillor Wilson, moved that this application be refused on the grounds that the positioning of this business, within the curtilage of the filling station is unacceptable, she considered that favourable consideration may be given to an alternative site on existing un-used land at the Mosstodloch Industrial Estate which could be serviced in a similar manner to the present proposal and on the grounds of unclear arrangements regarding toilet facilities.

As an amendment, Councillor Jappy, seconded by Councillor Longmore, moved that this application be approved as recommended by the Director of Planning and Development subject to the Department of Environmental Health being satisfied with the toilet facilities. On a division, there voted:-

For the motion (3) For the amendment (11) Abstentions (1)

Councillors: Councillors: Councillors:

Mrs. Shaw Jappy Swanson Wilson Longmore Mrs. Davidson Mrs. Anderson Mrs. Cumiskie Howe Lawson Mackenzie Mann Proctor Mrs. Scott Thompson

The amendment became the finding of the meeting and the meeting agreed that planning permission be granted subject to the Department of Environmental Health being satisfied with the toilet facilities and also 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 approval hereby granted is only for a limited period, expiring 12 months from date consent issued, at the end of which, unless otherwise approved by the District Council, as Planning Authority, the use hereby approved shall cease and the site shall be tidied to the satisfaction of the Director of Planning;

(iv) the maximum number of taxis hereby approved to operate from this site is three, plus the radio operators car;

(v) that when not operating between the hours of 8 am and 9 pm the taxis shall be parked within the site area to the rear of the filling station;

(vi) that when not operating between the hours of 9 pm and 8 am the taxis shall be parked within the site area on the filling station forecourt outlined in red.

Reasons:

(i) Standard time limit reason stipulated under The Town and Country Planning (Scotland) Act 1972;

(ii) 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;

(iii) in order that the Planning Authority may retain control over the use of the site and to ensure that further consideration can be given to the operation, effects and impact of the use approved herewith on the amenity and character of the area;

(iv), (v) and (vi) in order to retain Local Authority control over the use of the site;

Application approved

(112) 920104 Erect houses on ground to north of property at Whinnyhaugh, Blinkbonnie, Kingston for Mr. A. Boyne (outline)

(i) consent for two houses only;

(ii) application site to be sub-divided equally into two plots with one house positioned centrally within each house plot;

(iii) each house to be single storey construction.

It was further agreed that the Director of Planning and Development undertake discussions with the applicant regarding the provision of a footpath as per the agent's letter of 4th June.

Application deferred

(113) 910520 Erect 3 bedroom bungalow and adjoining garage at Templand Cottage site, St. Andrews Road, Lhanbryde for Mr. & Mrs. J.H. Grant

After consideration of a report by the Director of Planning and Development, the meeting agreed to defer consideration of this application on the following grounds:- (i) in order to await the outcome of the Lhanbryde By-Pass Inquiry on which the Secretary of State's decision is expected shortly, the results of which will likely indicate whether or not there is a reasonable prospect for the provision of an access from Robertson Road to the application site and the adjoining property, Hillcrest;

(ii) to enable the applicant the opportunity to:

(a) enter into further negotiations with the adjoining owner of Hillcrest, in order to achieve a mutually satisfactory proposal for the joint access arrangement and; (b) to investigate the provision of an alternative means of access on ground over which the applicant has control.

Application refused

(114) 920105 Erect houses on ground to the west of property at Wards, Kingston for Mr. A. Boyne (outline)

After consideration of a report by the Director of Planning and Development the meeting agreed that planning permission be refused on the following grounds:-

(i) the proposal is contrary to the provisions of the Moray District Local Plan 1993-1998 (Final Approved Version) where proposals for development immediately outside the boundary of the Rural Community of Blinkbonnie are considered unacceptable;

(ii) the proposal would result in the loss of an important visual break which separates two distinct groupings of dwellings at Blinkbonnie, the impact of which would be detrimental to the character and amenities of Blinkbonnie and the surrounding area;

(iii) the proposal, if allowed, would establish an undesirable precedent for further applications of a similar nature.

Application withdrawn

(115) 920343 Erect new dwellinghouse on ground adjacent to property at Tam O Rone, Station Road, Urquhart for Mr. J. Boyne (outline)

The Director of Planning and Development advised the meeting orally that this application had been withdrawn.

BUCKIE - NO. 11 WARD

Applications noted as approved under delegated powers

(116) 921445 Extend existing shop premises at 25 West Church Street, Buckie for Homes & Gardens

(117) 930334 Erect new house at St. Helena Brae, Buckie for Mr. & Mrs. L. Perry

(118) 930376 New kitchen and dining room to rear of property at 54 St. Peters Road, Buckpool, Buckie for Mr. & Mrs. Pirie

(119) 930386 Erect house and garage on Plot 4, Land Street, Buckpool, Buckie for Mr. A. Morrison

(120) 930552 Extend house at 16 Provost Reid Crescent, Buckie for Mr. & Mrs. A. Christie

(121) 930605 Convert store/workshop to house, erect single garage at 12 Banff Street, Buckie for Mr. & Mrs. P.D. Simpson (122) 930608 New conservatory to rear of house at 19 Anton Street, Buckpool, Buckie for Mrs. M. Cowie

Applications noted as approved after consultation with Local Member of Planning Authority

(123) 930303 Change of use to retail stalls and snack bar (no external alterations) at Cluny Hall, Cluny Square, Buckie for Mr. D.C. Cohen

(124) 930385 Alter and extend dwellinghouse and erect new garage at 20 Highfield Road, Buckie for Mr. N. Christie

BUCKIE - NO. 12 WARD

Applications noted as approved under delegated powers

(125) 930479 Extend existing store building at Duncan Centre, March Road Industrial Estate, Buckie for John Duncan Construction Services

(126) 930496 Demolish workshop and erect house at 6 Aboyne Street, Ianstown, Buckie for Mr. S. Thain

(127) 930509 Remove existing roof, form new roof with bedroom accommodation at 5 Linn Avenue, Buckie for Mr. & Mrs. A. Smith

(128) 930562 Extend house at nine and a half Samson Avenue, Portessie, Buckie for Mr. & Mrs. McAllister

Applications noted as approved after consultation with Local Member of Planning Authority

(129) 930273 Erect new production workshop and offices at March Road Industrial Estate, Buckie for John Duncan Construction

(130) 930274 Change of use of building to bus garage and hire depot at March Road Industrial Estate, Buckie for John Duncan Construction

RATHFORD - NO. 13 WARD

Applications noted as approved under delegated powers

(131) 930390 Proposed conservatory extension and basement alterations at 20 Reidhaven Street, Cullen for Mr. & Mrs. Douglas

(132) 930505 Erect a dwellinghouse and garage on Plot 6, Dyce Crescent, Findochty for Mr. G. Cowie

(133) 930551 Erect replacement porch at Bruntown, by Cullen for Mr. N. Eveleigh

Applications noted as approved after consultation with Local Member of Planning Authority (134) 921256 Demolish three existing garages and erect seven new flats at 35 Seafield Street, Cullen for Mr. & Mrs. T. MacFarlane

(135) 921257 Conservation Area Consent to demolish three existing garages and erect seven new flats at 35 Seafield Street, Cullen for Mr. & Mrs. T. MacFarlane

LENNOX - NO. 14 WARD

Applications noted as approved under delegated powers

(136) 930443 Providing pitched roof over extension to house and shower room at Cottage, Broadley, Clochan for Mr. & Mrs Buchanan

(137) 930508 Demolish substandard extension and erect new extension containing kitchen and utility room and alter bedroom to bathroom at Woodside Cottage, Slackhead, Enzie for Mr. T. Geddes

(138) 930541 Erect domestic garage and conservatory at Eastbank, 25 Richmond Terrace, Portgordon for Mr. R. Calder

(139) 930553 Construct kitchen/bedroom/shower room on existing house at 4 Richmond Terrace, Portgordon for Mr. & Mrs. J. Harkness

Application approved subject to conditions

(140) 920838 Proposed non-illuminated signboard on A98 Standalone Junction, Arradoul, By Buckie for Mrs. D. Horne

After consideration of a report by the Director of Planning and Development and following an oral report by the Chief Assistant (Development Control), the meeting agreed that planning permission be granted, on the basis of the amended proposal, subject to the following conditions:- (i) unless otherwise agreed with the District Council, as Planning Authority, the advertising material hereby approved shall be displayed strictly in accordance with the approved plans and conditions;

(ii) unless otherwise agreed with the District Council, as Planning Authority, the existing advertising material specified on the approved plans shall be removed prior to the erection of the advertising material approved herewith.

Reasons:

(i) in order to ensure that there are no unauthorised departures from the approved plans which could adversely affect the appearance, character or amenity of the area;

(ii) in order to ensure that the amount of advertising material displayed does not adversely affect the appearance and character of the area.

Application approved

(141) 920022 Erect single dwellinghouse with garage on land adjoining property at Croft, Clochan, Buckie for the Crown Estate Commissioners (outline)

Application refused

(142) 920751 Erect two dwellinghouses with garages at Auchenhalrig, Fochabers for the Crown Estate Commissioners (outline) After consideration of a report by the Director of Planning and Development the meeting agreed 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 and the protection of Rural Community Boundaries, 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 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.

KEITH - NO. 15 WARD

Applications noted as approved under delegated powers

(143) 921458 Change of use of land at 18-28 Mid Street, Keith for Grampian Regional Council (outline)

(144) 930104 Proposed signboard at 31 Reidhaven Square, Keith for Mr. V. Gleeson

(145) 930367 Alter and extend 88A Land Street, Keith for Mr. J. Riddoch

(146) 930372 Proposed new house and integral garage on Plot No. 5, Broomhill Court, Keith for Messrs. Linn Developments

(147) 930420 Form ex window to door and realign retaining wall at Strathisla Distillery, Seafield Avenue, Keith for Chivas and Glenlivet Group

(148) 930438 Erect 2 no. dwellinghouses on Plots 1 and 2 at Edithfield, Newmill Road, Keith for Colin Murray Developments Ltd

Application deferred

(149) 920158 Proposed 7 site private housing development at Newmill Road, Keith for Mr. C. Murray (outline)

After consideration of a report by the Director of Planning and Development and on the basis of information available at the meeting, it was agreed to defer consideration of this application pending the outcome of the Public Local Inquiry which will be required in connection with the Moray District Local Plan 1993-98.

STRATHISLA - NO. 16 WARD

Applications noted as approved under delegated powers

(150) 930325 Proposed house, garage, LPG storage tank and temporary residential caravan on north plot of development site to rear of public hall, Rothiemay, by Huntly for Mr. & Mrs. W. Sutherland

(151) 930431 Erect private garage at 17A Hill Street, Newmill, Keith for Mr. & Mrs. R.J. Dunbar (152) 930502 Proposed alterations and extension at Glenburn, Cairnhill, Rothiemay for Mr. & Mrs. R. Smith

(153) 930511 Alteration to dwellinghouse at 70 Back Street, Newmill for Mr. D. Gillies

Application noted as approved after consultation with Local Member of Planning Authority

(154) 920681 Change of use from steading to form 2 No. dwellinghouses at Nethermills, Grange, Keith for Ms. P. Nowasielski

Applications approved

(155) 921041 Outline to building dwellinghouse at Muir of Turtory, Near Huntly, Aberdeenshire for Mr. W.J.C. Stewart

After consideration of a report by the Director of Planning and Development and Members having had the opportunity of visiting the site, Councillor Mrs. Davidson, seconded by Councillor Proctor, moved that this application be approved on the grounds that the proposal is not detrimental to the amenity and character of the area, the proposal would not establish an undesirable precedent and the proposal does not involve unplanned development.

As an amendment Councillor Lawson, seconded by Councillor Mackenze, moved that this application be deferred for further information.

On a division, there voted:-

For the motion (10) For the amendment (3) Abstentions (0)

Councillors:- Councillors:-

Mrs. Davidson Lawson Proctor Mackenzie Mrs. Anderson Swanson Mrs. Cumiskie Jappy Longmore Mann Mrs. Scott Thompson Wilson

The motion became the finding of the meeting and it was agreed that this application be approved subject to such conditions as were considered appropriate.

(156) 930373 Demolish existing dilapidated house and erect a proposed new engineering workshop with offices and yard at Backmuir Farm, By Keith for Mr. W.R. Simmers

After consideration of a report by the Director of Planning and Development, having noted the terms of objections referred to therein and Members having had the opportunity of visiting the site, Councillor Lawson, seconded by Councillor Mann, moved that this application be approved on the grounds that there are no suitable alternative sites within Keith.

Councillor Mann further stated that the proposal would blend sympathetically with the landscape and would not be intrusive, the environmental impact would not be affected and the visual impact would be minimal and would not detract from the landscape.

As no-one was otherwise minded, the motion became the finding of the meeting and it was agreed that this application be approved subject to such conditions as were considered appropriate. It was further agreed that this application be referred to Grampian Regional Council in accordance with the relevant procedures regarding applications advertised as departures from the existing Local Plan.

Applications deferred

(157) 930086 Erect house and attached garage at Viewfield, Craigellachie for Mr. & Mrs. C. Ironside

After consideration of a report by the Director of Planning and Development, the meeting noted that formal objections relating to this application had been received following the publication of the Moray District Local Plan 1993-98 (copies of which were circulated during the meeting) and it was agreed to defer consideration of this application to enable these objections to be considered at a Public Local Inquiry.

Application numbers 920025, 920031, 920032, 920033, 920035, 920045, 920050 and 920051 were considered together with the approval of the Committee.

(158) 920025 Proposed smallholding No 6 including new house at Birchbrae, Craigellachie for Messrs. S. Strathdee and A. Adam

(159) 920031 Proposed smallholding No 4 including new house at Birchbrae, Craigellachie for Messrs. S. Strathdee and A. Adam

(160) 920032 Proposed smallholding No 1 including new house at Birchbrae, Craigellachie for Messrs. S. Strathdee and A. Adam

(161) 920033 Proposed smallholding No 3 including new house at Birchbrae, Craigellachie for Messrs. S. Strathdee and A. Adam

(162) 920035 Proposed smallholding No 2 including new house at Birchbrae, Craigellachie for Messrs. S. Strathdee and A. Adam

(163) 920045 Proposed smallholding No 7 including new house at Birchbrae, Craigellachie for Messrs. S. Strathdee and A. Adam

(164) 920050 Proposed smallholding No 8 including new house at Birchbrae, Craigellachie for Messrs. S. Strathdee and A. Adam

(165) 920051 Proposed smallholding No 5 including new house at Birchbrae, Craigellachie for Messrs. S. Strathdee and A. Adam

After consideration of a report by the Director of Planning and Development the meeting agreed to defer consideration of these applications in order that a full recommendation can be made to the next meeting, as at the time of this meeting it had only just been clarified that the sites were not within an area affected by a formal objection regarding the Moray District Local Plan 1993-98.

SPEYSIDE - NO. 17 WARD

Applications noted as approved under delegated powers

(166) 930213 Create 5.3 acres of lochans, also access road, parking and erect a fishing hut for a put and take trout fishery at Pitcraigie Farm, Glen of Rothes, Rothes for Mr. D.M. Dunbar-Nasmith

(167) 930423 Erect a replacement pump house at Easter Elchies, Macallan Distillery, Craigellachie for Macallan-Glenlivet Plc (168) 930450 Erect new dwellinghouse and double garage on Plot No. 2 Maryhill, Orton for Spence & Grant Limited

(169) 930455 Erect new dwellinghouse on Plot No. 1 Maryhill, Orton for Spence & Grant Limited

(170) 930458 Build a proposed extension to existing house at Woodend House, Carron, by Aberlour for Mr. & Mrs. S. Norrington

(171) 930545 Erect extension to dwellinghouse at Arngarrow, Edinvillie, Aberlour for Mr. R. Allan

At this juncture and following determination of application (157) 930086, the meeting adjourned for 10 minutes to consider written communication handed, by a member of the public, to the Chairman during the meeting. Following resumption of the meeting, the Depute Director of Administration and Law advised the meeting that whilst members of the public had certain statutory rights of access, they had no right of audience and could not participate in the meeting and it was agreed to refer this communication to the Director of Planning and Development to process accordingly.

Application deferred

(172) 920208 Erect 7 dwellinghouses and garages at High Street, Archiestown for Mr. G. Milne (outline)

After consideration of a report by the Director of Planning and Development, the meeting noted that a formal objection relating to this application had been received following the publication of the Moray District Local Plan 1993-98 and the meeting agreed to defer consideration of this application to enable the objection to be considered at a Public Local Inquiry.

GLENLIVET - NO. 18 WARD

Applications noted as approved under delegated powers

(173) 930093 Proposed house and outbuilding and septic tank at Crachie, Dufftown for Mr. & Mrs. M. Reid

(174) 930180 Alter and extend dwellinghouse and erect domestic garage at Folds Cottage, Glenrinnes, Dufftown for Mr. C. Foreman

(175) 930503 Install a septic tank and soakaway at Monte Abbe, Chapeltown, Glenlivet for Mrs M. Gallacher

(176) 930521 Erect a stock house boat farm Marypark, Ballindalloch for Mr. J. J. Grant

9. CAPITAL EXPENDITURE PROGRAMME 1993/94

There was submitted and noted a report by the Director of Planning and Development detailing the capital expenditure which had been incurred to 28th July, 1993 on the various projects which had been approved by the District Council for capital expenditure in the current financial year on the planning account.

10. OBJECTIONS TO MORAY DISTRICT LOCAL PLAN 93-98 There was submitted and noted a report by the Director of Planning and Development presenting the objections received as at 12th July, 1993 on the Moray District Local Plan 1993/98 (final approved version) together with initial observations on the policies or designations which were the subject of the objections. The report further identified the objections received, as at 12th July 1993, which affected site designations or policies which may be used in the determination of planning applications or the implementation of the Local Plan.

Following an oral report by the Chief Assistant (Local Plans and Industry) on further objections received by the closing date of 4.30 p.m. on 23rd July, the meeting noted that due to the number of objections received on the Local Plan 1993/98, a Public Local Inquiry would require to be held, which the Scottish Office had intimated was unlikely to take place during 1993. Following the Inquiry, the Local Plan would be modified as appropriate, and then adopted. This, it was noted would take approximately 3 months, following the Inquiry, to complete.

The meeting expressed their disappointment at the intimation by the Scottish Office that it was unlikely that the Public Local Inquiry would take place during 1993 and agreed that the Director of Planning and Development should write to the Scottish Office, Reporters Unit in an effort to secure an earlier date.

It was agreed that, in the meantime, the Director of Planning and Development approach objectors with an aim of reaching a compromise on a number of the objections and thereafter, in consultation with the Committee, any modifications as appropriate be made to the Local Plan 1993/98 prior to the Public Inquiry being held.

It was further agreed that a Special Meeting of the Planning and Development Committee be held on 25th August, 1993 at which consideration would be given to the objections, procedures and deferred applications.

The meeting noted that a member of staff within the Planning and Development Department would be appointed to act as the "contact person" for all matters relating to the Local Plan. It was agreed that the Director of Planning and Development advise Members of the member of staff in due course.

ADJOURNMENT OF MEETING

The meeting adjourned for lunch (time 12.30 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) G.A. Mackenzie E. Aldridge L. Mann Mrs. H.M. Cumiskie J.A. Proctor Mrs. M.M. Davidson Mrs. A.M. Scott T.A. Howe Mrs. J.M. Shaw W. Jappy W.R. Swanson S.D.I. Longmore D.M.A. Thompson J. Wilson

IN ATTENDANCE

The Director of Planning and Development The Depute Director of Administration and Law

11. ELGIN HIGH STREET PEDESTRIANISATION - UPDATE ON PROGRESS Under reference to para. 20 of the Minute of this Committee dated 16th June, 1993 there was submitted and noted a report by the Director of Planning and Development updating the meeting on the progress with regard to the pedestrianisation of Elgin High Street.

The meeting agreed to the recommendations as contained in the report.

It was further agreed that the Director of Administration and Law make representations to Grampian Regional Council for the immediate involvement of elected Members of the District Council to participate in future meetings of the Working Party on this subject.

The meeting, on being advised that a Draft Order for a phased introduction of pedestrianisation was being reported for approval to the Transportation and Roads Committee of Grampian Regional Council on 10th August, 1993, agreed to establish an Ad Hoc Working Party comprising the Convener, all four Elgin Members and a representative of the S.N.P. Group, to be determined, to review the final Draft Order and report to the standing Planning and Development Committee in due course.

The Depute Director of Planning and Development joined the meeting at this juncture.

12. BUCKIE FORMER RAILWAY LINE

Under reference to para. 19 of the Minute of this Committee dated 16th June 1993, there was submitted a report by the Director of Planning and Development with regard to environmental improvement works on the former railway line through Buckie.

The meeting noted the points identified following investigations into the constraints to both the Cluny Square/Harbour and the Carlton Terrace sections of the cutting and agreed that the Carlton Terrace section of the railway cutting be commenced in financial year 1993/94 with the Cluny Square/North High Street/Harbour cutting investigations being continued during this year and submitted for consideration for implementation in 1994/95 and that a request for a financial contribution from the Housing Block B account be submitted, for consideration, to the next meeting of the Moray District Housing Committee to be held on 8th September, 1993.

13. MORAY ENTERPRISE TRUST (para. 6)

The Chairman welcomed to the meeting Mr. A. Scott and Mr. R. Taylor from the Moray Enterprise Trust (MET) who proceeded to give a presentation in support of a request by the MET for financial sponsorship from the private sector and continued financial support from the District Council for its running costs.

The meeting noted the report by the Director of Planning and Development and after hearing the representatives of the MET, Members had the opportunity of putting questions to them.

The Chairman thanked Mr. Scott and Mr. Taylor for their attendance.

Thereafter, it was agreed, in principle, that the District Council should provide 3 year funding, at a rate of £15,000 per financial year, against an agreed annual rolling programme of works based on examination of the Trust's Business Plan, to include the remainder of this year, subject to sight of quarterly financial reports with payments being on a quarterly basis.

14. TOMINTOUL GOLF COURSE FEASIBILITY STUDY

Under reference to para. 14 of the Minute of this Committee dated 28th October 1992, there was submitted a report by the Director of Planning and Development regarding a request received from the Moray, Badenoch and Strathspey Enterprise Company for the District Council to co-finance the cost of a formal feasibility study into the formation of a golf course, on behalf of the Kirkmichael and Tomintoul Community Association. It was agreed that, subject to the appointment of the consultants being chosen from a group rather than one individual and also being to the satisfaction of the Director of Planning and Development, the District Council would provide financial assistance in the region of £2,000 - £2,500 which it was noted could be met from the Rural Development Fund budget.

15. BURGHEAD ENVIRONMENTAL IMPROVEMENTS

After consideration of a report by the Director of Planning and Development regarding environmental improvement works at the west foreshore in Burghead, the meeting noted that progress on the implementation of the scheme would depend on the release of the budgetary allocation of £20,000 in 1993/94 and agreed to support the preparation of a design brief for the area identified as L/ENV5 between the Harbour and site R5, as designated in the final draft version of the Moray District Local Plan 1993/98 subject to the satisfaction of the Director of Finance regarding the budget allocation of £20,000 in 1993/94.

It was further agreed that the Director of Planning and Development submit, for consideration, a further report regarding a detailed design brief to the next meeting of this Committee to be held on 22nd September, 1993.

Following the concerns expressed by the Local Member regarding the environmental improvement scheme for the Square at Fochabers, the meeting noted that this project would be included for consideration in the preparation of the budget for 1994/95.

16. ROADSIDE ADVERTISEMENTS IN THE VICINITY OF STANDALONE JUNCTION, ARRADOUL

Under reference to the Development Control Seminar held on 23rd June 1993, there was submitted a report by the Director of Planning and Development with regard to roadside advertisements in the vicinity of Standalone Junction, Arradoul.

The meeting noted this report and agreed that the Director of Planning and Development commence a phased assessment of roadside signs in the manner detailed in the report in connection with incoming applications or complaints, and where resources permit, as a regular phased part of the workload of the Department of Planning with regular progress reports to this Committee.

17. ROADSIDE SIGNS AND ADVERTISEMENTS

There was submitted and noted a report by the Director of Planning and Development setting out proposals for the preparation of policy guidelines on roadside advertisements.

Following concerns expressed by Councillor Mackenzie regarding unauthorised fly posting, the meeting agreed this report as a basis for action on the preparation of policy guidelines to include fly posting and that these guidelines be approached in a phased manner.

18. KEITH SHOW: OFFER OF STAND SPACE

There was submitted and noted a report by the Director of Planning and Development advising the meeting of an invitation which had been received from the Keith Initiative for the District Council to share facilities on the Initiative's Stand at the Keith Show to be held on Sunday 8th and Monday 9th August, 1993.

The meeting agreed to accept the offer from the Keith Initiative with the cost of hiring the stand space being met from the Industrial Promotion Budget.

The Director of Planning and Development extended a welcome to Members to attend and assist at the District Council's stand at the Keith Show on these dates.

19. REQUEST FOR FINANCIAL ASSISTANCE - FORRES AREA ACTION PROJECT Under reference to para. 10 of the Minute of the Policy and Resources Committee dated 16th September, 1992 and after consideration of a report by the Director of Administration and Law regarding an application for financial assistance, the meeting agreed that it be determined as follows:-

Applicant/Organisation Grant

Forres Area Action Project Contribute £5,000 for 1993/94 subject to the production of financial statements of the Action Project.

Further agreed to circulate the Action Project newsletter to Members, together with details of the proposed "credit union"

Councillor Longmore left the meeting at this juncture.

20. PRODUCTION OF CATALOGUE OF RIGHTS OF WAY IN SCOTLAND

Under reference to para. 17 of the Minute of this Committee dated 16th June, 1993 there was submitted a report by the Director of Administration and Law regarding a request received from the Scottish Rights of Way Society for the District Council to contribute financially to the production of a catalogue of Rights of Way in Scotland.

It was agreed that the District Council accept the request and that, in the meantime, a contribution of £100 to be met from the Miscellaneous Services Budget, be made to the Society with this figure being reviewed in due course when consideration has been given as to what benefits have been gained by the District Council in the production of the catalogue of Rights of Way.

21. BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST - APPLICATIONS FOR GRANT

After considering reports by the Director of Planning and Development the meeting agreed to determine the following applications for grants in respect of buildings of special architectural or historic interest as follows:-

Applicant Property Grant

Mrs. M. Bone 183 Seatown, Cullen £ 251.68

W.G. & R. Findlay 148 Seatown, Cullen £ 280.00

Mr. D. Slorach 24 Reidhaven Street, Elgin £1,370.00

Mr. O'Brien Brylach, Rothes Glen £3,000.00

Mr. Petrie 35 Land Street, Keith £1,300.00

Mr. Grimshaw Shoreacre, Burnside Road, Kingston £ 400.00

Major Macleod Dalvey House, Forres £1,700.00

W.A. Fairhurst & Partners 25a High Street, Elgin £ 300.00

Mr. H. Moir on behalf of Bellie Kirk, Fochabers £5,000.00 the Congregational Board Mrs McIntosh 29 Reidhaven Street, Elgin £ 270.00

Mr. & Mrs. W. Mair 14 Mid Street, Findochty £ 899.46

After consideration of a report by the Director of Planning and Development regarding an application for grant in respect of 8a Seafield Street, Cullen, Councillor Wilson, seconded by Councillor Jappy, moved that the word "white" as contained in para. 5.4 of the Director's report be deleted.

As an amendment Councillor Lawson, seconded by Councillor Mrs. Shaw, moved that the recommendation of the Director of Planning be unaltered, subject to a site visit.

On a division, there voted:-

For the motion (4) For the amendment (10) Abstentions (0)

Councillors: Councillors:

Wilson Lawson Jappy Mrs. Shaw Mrs. Davidson Aldridge Thompson Mrs. Cumiskie Howe Mackenzie Mann Proctor Mrs. Scott Swanson

The amendment became the finding of the meeting and it was agreed that the recommendation by the Director of Planning remain unaltered subject to Members visiting the site.

After consideration of a report by the Director of Planning and Development regarding an application for grant in relation to 11 Seafield Street, Cullen it was agreed to defer consideration of this application to enable members to have the opportunity of visiting the site.

22. PLANNING APPEALS

Determination of Appeals

There were submitted reports by the Director of Administration and Law informing the meeting of the outcome of appeals made to the Secretary of State for Scotland against decisions of this Committee to refuse planning permission for proposed developments; the meeting noted that these appeals had been determined as follows:-

Appellant(s) Proposed Development Decision

Mr. H.A. MacDonald Alter and extend a byre to provide one Dismissed dwellinghouse at Lochterlandoch, Glenrinnes, Dufftown (outline) Appellant(s) Proposed Development Decision

Mr. E.J. Brown Retain two caravans (for visiting family use) in Dismissed the rear garden at Conglass Hall, Main Street, Tomintoul

Mrs. E. Stuart Residential development at Muiryhall Croft, Dismissed Lhanbryde (outline) Mr. C. Bruce Erect a dwellinghouse on ground to the west Sustained of the Garmouth Hotel, Church Street, Garmouth (outline)

Mr. W.A. Simpson Erect a new dwellinghouse at Burniestrype, Dismissed Near Garmouth (outline)

Colonel A.J.H. Paterson Erect a house on each of the Site Nos. 1 - 10 Dismissed Covesea, Lossiemouth (outline)

Mr. & Mrs. D. Erect a house and garage to the rear of property Dismissed Cruickshanks at 24 Smith Drive, Elgin (outline)

Messrs. Strathdee & Proposed smallholding including house at No. 1 Dismissed Adam Braehead Croft, Tomnabent, Edinvillie

Executors of the Late Listed Building Consent to remove 2 Robert Dismissed Lord Richard Percy Adam fireplaces at Kirkvillie, 46 South Street, Fochabers

Intimation of Appeals

The meeting was informed of the following appeals which had been lodged with the Secretary of State for Scotland against refusal of planning permission:-

Appellant (s) Proposed Development

Mr. & Mrs. R. Clark Erect new dwellinghouse on ground at Templestone, Rafford, Forres (outline)

Mr. B. Morris Proposed bungalow at Birnie Inn, Birnie

23. UNAUTHORISED REMOVAL OF CHIMNEYPIECES FROM "KIRKVILLE", 46 SOUTH STREET, FOCHABERS (para. 13)

Under reference to para. 22(9) of this Minute advising the meeting of the decision of the Secretary of State for Scotland to dismiss the appeal by the Executors of the Late Lord Richard Percy against the decision of the District Council, as Planning Authority, to refuse Listed Building Consent to remove two Robert Adam fireplaces at Kirkville, 46 South Street, Fochabers, the meeting noted that as a result of the removal of the fireplaces from 46 South Street, Fochabers and the refusal of the Listed Building Consent, an offence had been committed.

It was agreed that the Director of Planning and Development refer this case to the Procurator Fiscal with a view to prosecution under Section 53(1) and (4) of the 1972 Act, and further agreed that the Director of Planning and Development issue a listed building enforcement notice requiring the fireplaces to be reinstated in their former positions within 46 South Street within 4 months.

24. CONFERENCE - "ECO-MANAGEMENT AND AUDIT IN LOCAL GOVERNMENT"

The Director of Planning and Development reported orally on an invitation that had been received for the District Council to be represented at a Conference entitled "Eco-Management and Audit in Local Government" to be held in London on Thursday 14th October, 1993.

It was agreed that the District Council should be represented by the Director of Planning and Development or his nominee.

25. LECHT SKI COMPANY - FEASIBILITY STUDY FOR ARTIFICIAL SKI SLOPE (para. 6) There was submitted a report by the Director of Planning and Development regarding a feasibility study for further dry ski facilities at the Lecht to be funded jointly by the District Council, the Local Enterprise Company and the Lecht Ski Company.

The meeting noted that Gordon District had expressed an interest in participating in the study and agreed that Moray District contribute £4,000 to the feasibility study subject to participation by Gordon District Council.

26. LAND AND PROPERTY - TRANSACTIONS AND MANAGEMENT (paras. 8 & 9)

After considering reports by the Estate Surveyor and his Assistant regarding Land and Property - Transactions and Management, the meeting agreed that they be determined as follows:-

Name Details/Property/Location Decision

R.G. Wilson (Elgin) Ltd Rent review of 1 Perimeter Rd., Accept recommendation Pinefield Ind. Est., Elgin for rent review

Elgin City Band Lease of 17 Perimeter Road, Pinefield Accept recommended Ind. Est., Elgin terms and conditions

Name Details/Property/Location Decision

Mr. A. Reid t/a Thistle Transfer of existing lease of Unit 12 Accept recommended Plant Pinefield Parade, Pinefield Ind. Est., terms and conditions Elgin to a Building Agreement and Ground Lease and extension of lease to cover Unit 14 Pinefield Parade

Mr. N. Williamson Building Agreement and Ground Accept recommended Lease of Site No. 21 Perimeter Rd, terms and conditions Pinefield Ind. Est., Elgin

Messrs. Charles McHardy Rent review of 1 Parade Spur South, Accept recommendation & Son Pinefield Ind. Est., Elgin for rent review

Messrs. Cowe & Rent review of 15 Perimeter Rd, Accept recommendation McLaughlin, t/a Northern Pinefield Ind. Est., Elgin for rent review Fabricators

John Cameron & Co., Continued occupation and rent review Accept recommendation (Joiners) Ltd. of Unit 9 Tyock Ind. Est., Elgin for rent review and recommended terms and conditions

Mr. K. Smith t/a Lease of Unit 3 Coulardbank Ind. Est., Accept recommended Visionserv Lossiemouth terms and conditions

Mr. L. Findlay Lease of store premises at 6 Grant Street, Agreed not to enter into Buckie lease and remitted it to the Assistant Estates Surveyor to report further to this Committee on sale of subjects

Mr. S. Sunter Early termination of Mr. Sunter's lease Accept recommended Mr. M.McRitchie of 6 Pinefield Parade, Pinefield Ind. Est., terms and conditions Elgin and lease of this property to Mr. McRitchie

27. SITE AT BALLINDALLOCH STATION - PROVISIONAL AGREEMENT WITH BALLINDALLOCH LODGES (para. 9)

Under reference to para. 23 of the Minute of this Committee dated 10th February, 1993 there was submitted a report by the Estates Surveyor outlining the background and notes following discussions between the Estates Surveyor, in consultation with the Director of Leisure and Libraries and the developer with regard to a proposed chalet development at Ballindalloch.

The meeting noted and approved, in principle, the draft terms of the provisional agreement subject to the toilet and car parking facilities being made available to the general public and remitted it, with powers, to the Directors of Planning and Development, Leisure and Libraries and Administration and Law to finalise the agreement on the relevant specification and detailed conditions.

28. COASTAL EMBANKMENT - SEATOWN, BUCKIE (para. 8)

Under reference to para. 25 of the Minute of this Committee dated 16th June 1993, there was submitted and noted a report by the Acting Director of Housing and Property Services advising the meeting of the estimates received from two consulting engineers outlining the cost implications of obtaining detailed surveys relating to the whole extent of the coastal embankment at Seatown, Buckie.

In order that the present condition of the embankment may be assessed and any areas of immediate concern highlighted and also in order that a long term phased programme of stabilisation can be considered, it was agreed that the District Council accept the estimate received from Dinardo Partnership as detailed in the report.

29. FORMER TANNERY, HYDE PARK, KEITH (para. 13)

After consideration of a report by the Director of Planning and Development regarding the future of the former Tannery buildings at Hyde Park, Keith, it was agreed that a Repairs Notice under the terms of Section 104-107 of the 1972 Town and Country Planning (Scotland) Act be served on the owner requiring that works to secure and stabilise the structure be carried out within three months and that failure to comply with the terms of the Repairs Notice could result in the District Council instigating procedures to acquire the building compulsory.

The meeting noted the interest in the property as expressed by the North East Scotland Preservation Trust (of which the District Council is a member) that in the event of compulsory acquisition procedures, the buildings could be made over to the Trust for restoration.

It was further noted that under Section 105(3) of the Act, a Repairs Notice may be withdrawn at any time if satisfactory progress is made with the repairs.

30. PLANNING ENFORCEMENT - MONITORING OUTSTANDING CASES (paras. 1 & 13)

There was submitted a report by the Director of Planning and Development with regard to monitoring the progress on outstanding enforcement cases and updating Members on the current state of enforcement action in relation to the Mansefield Hotel, Elgin and Bogend Quarry, by Buckie. Regarding the Mansefield Hotel, the meeting noted that sample panels had been inspected and work was due to be carried out in the autumn. Regarding Bogend Quarry, the meeting was advised that progress would be reported to this Committee on a regular basis.

The meeting agreed that an inter-departmental Enforcement Team comprising the Enforcement Officer, other members of the Development Control Section, a Solicitor from the Administration and Law Department and possibly a contact from the Procurator Fiscal's office be established by the end of 1993.

It was further agreed that a progress report on outstanding enforcement cases, involving the service of notices, be instigated for the next meeting of this Committee to be held on 22nd September, 1993 and fully developed by the end of 1993.

Additionally, it was further agreed that the Director of Planning and Development be authorised to seek the resources required in the short term to put the above mentioned matters into operation.

Councillor Mrs. Cumiskie left the meeting at this juncture.

31. 900575 - CHANGE OF USE OF STORE TO TYRE DISTRIBUTION SERVICE WORKSHOP AT 1 BANK STREET, BUCKIE - MR. J. WEST 880962 - CHANGE OF USE OF STORE AND YARD TO CAR SALES BUSINESS AT 2 BANK STREET, BUCKIE - MR. D. REID (para. 13)

After consideration of a report by the Director of Planning and Development regarding the operation of a tyre/exhaust fitting business at Bank Street/Baron Street, Buckie it was agreed that the Director of Planning and Development be authorised to take enforcement action to secure the removal of all tyres from the site other than those stored in accordance with the consent granted to Mr. West in relation to the change of use of store to tyre distribution service workshop at Bank Street, Buckie (Application 900575 refers). The meeting noted that this would include the removal of the storage containers and vehicles being used to store tyres and the removal of all tyres from the building previously occupied by Mr. Reid.

32. PROPOSED "STOPPING-UP" OF BURDSHAUGH ROAD, FORRES - COMPLAINT OF UNDUE DELAY (para. 6)

There was submitted and noted a joint report by the Directors of Administration and Law and Planning and Development inviting the meeting to consider a request that the District Council waive all or part of the planning application fee in respect of an application to renew an outline planning consent which has lapsed.

It was agreed that the applicant be advised that whilst the District Council will do all that it can to expedite the planning application once he has paid the appropriate fee, it was not prepared to waive the application fee on the basis that the District Council does not consider that the allegation that the delays in the matter are due to its actings are well founded.

33. CLOSE OF BUSINESS

The Chairman declared the meeting closed at 5.00 p.m.