21st September, 1994 In a Meeting of the Planning and Development Committee of the Moray District Council held at Elgin on the Twenty-first day of September, Nineteen Hundred and Ninety-four.
PRESENT
Councillors:- I. Lawson (Chairman) J.A. Proctor E. Aldridge Mrs. J.M. Scott A.J. Fleming Mrs. J.M. Shaw T.A. Howe C.R.C. Smith W. Jappy D.M.A. Thompson S.D.I. Longmore J. Wilson
IN ATTENDANCE
Director of Administration and Law Director of Planning and Development Principal Building Control Officer Chief Assistant, Local Plans & Industry Mr D. Duncan, Senior Assistant, Development Control
1. APOLOGIES
Apologies for absence were intimated on behalf of Councillors Mrs. M.E. Anderson, Mrs H.M. Cumiskie, Mrs. M.M. Davidson, L. Mann and W.R. Swanson.
2. ADDITIONAL ITEMS
In terms of the relevant Standing Order, the Meeting agreed to accept the following matters as additional items of business to be transacted at the Meeting on the Chairman certifying that, in his opinion, they required to be considered at the Meeting on the grounds of urgency.
(i) Proposed Business Shop
In order to allow timeous consideration to be given to a report by the Director of Planning and Development advising the Committee of current progress made in regard to the establishment of a proposed business shop within Elgin.
(ii) Office and Depot, Mosstodloch Industrial Estate - R & C Murray
To allow early consideration to be given to a report by the Estates Surveyor in regard to recent developments regarding the proposed sale of an office and depot at the Mosstodloch Industrial Estate to R & C Murray.
(iii) Local Plan Adoption: Counsel's Opinion
In order to allow timeous consideration to be given to a joint report by the Directors of Administration and Law and Planning and Development advising the Committee of Counsel's Opinion regarding the proposed adoption of the Moray District Local Plan which was on the agenda for the meeting.
3. ORDER OF BUSINESS
In terms of the relevant Standing Order the meeting agreed to vary the order of business as set down on the Agenda to allow the report on the proposed adoption of the Local Plan to be considered in 905 conjunction with the additional report on Counsel's Opinion on the adoption of the Local Plan and that these matters may be considered in public session.
4. 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
23 8 & 9 24 1 25 6 26 6 27 13 28 6 29 8 & 9
5. PRIOR MINUTE
SUBMITTED:- The Minute of the Special Meeting of this Committee dated 17th August, 1994.
DECIDED:- That the Minute be agreed as a correct record subject to the inclusion of the words "at this time" at the end of the second paragraph and the "Decision" paragraph of para. 18.
SUBMITTED:- The Minute of the Special Meeting of this Committee dated 19th September, 1994.
DECIDED:-
(i) That the Minute be agreed as a correct record; and (ii) The Director of Planning and Development and Director of Administration and Law endeavour to ensure that the Committee should adhere more closely to site visit timetables in the future.
Councillor Farquharson entered the meeting at this juncture.
6 LOCAL PLAN ADOPTION: COUNSEL'S OPINION OBJECTIONS TO MODIFICATIONS TO MORAY DISTRICT LOCAL PLAN AND RESOLUTION TO ADOPT
SUBMITTED:- A joint report by the Director of Administration and Law and Director of Planning and Development advising the meeting of Counsel's Opinion in regard to the adoption of the Moray District Local Plan and recommending that in its light it would not be prudent for the Committee, at this time, to recommend to the District Council that it should adopt the draft Local Plan but rather that the Directors of Administration and Law and Planning and Development be authorised to seek further advice from Counsel regarding alternative options which might be available to give effect to the draft Local Plan.
There was also submitted a report by the Director of Planning and Development advising the Committee of objections lodged in regard to modifications to the Moray District Local Plan and recommending action to be taken in each case.
DECIDED:-
(i) That the Director of Administration and Law and Director of Planning and Development be authorised to seek further advice from Counsel and, if appropriate, apply to the Secretary of 906
State for Scotland for a Direction to give effect to the draft Local Plan as specified within the report;
(ii) That the text of Craigellachie R2 (Speyside Cooperage) be amended by the removal of the reference to approximately 3 acres;
(iii) That as the other objections received did not raise any matters or material changes in circumstances from those which were debated at the Public Local Inquiry no new Inquiry should be held into any of the objections;
(iv) That no other objections be accepted; and
(v) That the final version of the approved Local Plan be reprinted subject to the necessary amendments as necessary in para. 10(5) of the report.
7. BUILDING (SCOTLAND) ACTS
(i) Applications for Building Warrants noted as approved under delegated powers
SUBMITTED:- A report by the Director of Community Services advising the meeting that he had determined 319 applications for Building Warrants since the last meeting of this Committee in terms of the powers delegated to him.
DECIDED:- That the report be noted.
(a) Applications for Relaxation Recommended for Approval
SUBMITTED:- A report by the Director of Community Services recommending that the following applications for relaxations from the Building Regulations be granted:-
14/910226 Alterations at 66 High Street, Fochabers for Mr. G. Malcolm per Iain A. Paterson Design, Sandrian, Roman Camp, Dallachy, Fochabers
Regulation 9(E2.49) Requirements with regard to the provision of emergency windows
05/930278 Erection of dwellinghouse at 4 Ferryhill, (Plot 33), Forres for Makepeace Ltd per Mr. G. Ripley, Clarepoint, Findhorn
Regulation 9(S2.6) Requirements with regard to the construction of private stairs
10/930680 Amendment of warrant at Dellachapel, Innes Road, Garmouth for Mrs. M. Battersby per The Architecture Studio, The Orchard, Garmouth
Regulation 9(S2.24) Requirements with regard to headroom to private stairs
11/940450 Erect garage and extend house at 22 Harbourhead, Buckie for Mr. & Mrs. A. Homewood per Mr. D Smith, Berrybauds, Clochan 907
Regulation 9(S2.9) Requirements with regard to single tread stairs
04/940765 Alterations to dwellinghouse at 45 Academy Street, Elgin for Mr. M. Francey, 45 Academy Street, Elgin
Regulation 9(S2.18) Requirements with regard to the provision of stair landings 15/940817 Relocation of station building at Old Keith Town Railway Station, Keith for Keith Initiative Ltd per Simpson & Wright, 96 Moss Street, Keith
Regulation 9(D2.3) Requirements with regard to non-combustibility
Regulation 9(F3.1) Requirements with regard to the construction of hearths and fireplaces
Regulation 9(G3.1) Requirements with regard to the prevention of moisture ingress
Regulation 9(J2.1) Requirements with regard to resistance to heat loss
Regulation 9(K4.1) Requirements with regard to ventilation of rooms
Regulation 9(M3.1) Requirements with regard to the provision of sanitary appliances
Regulation 9(T2.1) Requirements with regard to means of access and sanitary facilities for disabled persons
01/940896 Alterations to dwellinghouse at 22 East Back Street, Elgin for Mr. W. Skinner, 22 East Back Street, Elgin
Regulation 9(Q2.5) Requirements with regard to daylighting
04/941011 Alterations and change of use at Northview, Trinity Place, Elgin for Moray District Council per Mr. R. McKay, Blackfriars Road, Elgin
Regulation 9(J2.2) Requirements with regard to resistance to heat loss
11/941049 Alterations to form flat at 1 Gibbs Lane, Buckie for Mr. K. Docherty per Mr. D. Scott, Beechview, Enzie
Regulation 9(S2.1) Requirements with regard to the construction of stairs
Regulation 9(S2.17) Requirements with regard to the construction of landings
Regulation 9(S2.22) Requirements with regard to the construction of handrails 908
Regulation 9(S3.2) Requirements with regard to openings in protective barriers
Regulation 9(S3.4) Requirements with regard to height of protective barriers
02/941050 Extension to nursing home at Abbeyside Nursing Home, Institution Road, Elgin for Ms. S. Yeats per Elaine Brown, 22 Seafield Street, Cullen
Regulation 9(E2.5) Requirements with regard to travel distance of escape routes
Regulation 9(E2.6) Requirements with regard to width of escape routes
10/941183 Alterations at Innes House, by Elgin for Innes Trading Co Ltd per Dinardo Partnership, 35 Moray Street, Elgin
Regulation 9(D2.3) Requirements with regard to non-combustibility
Regulation 9(K4.3) Requirements with regard to ventilation of rooms
Regulation 9(S2.6) Requirements with regard to the construction of escape stairs
DECIDED:-
That subject, where appropriate, to consultation with the Firemaster, the relaxations applied for be granted as recommended 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) Dellachapel Steading, Innes Road, Garmouth
SUBMITTED:- A report by the Director of Community Services informing the Committee of an amended application by Mrs Battersby for relaxation of Regulation 9 (S2.24) with regard to headroom to private stairs and recommending that this relaxation be granted.
DECIDED:- That the amended application for relaxation of Regulation 9 (S2.24) be granted.
(c) Erection of 12 Flats at Darliston, Hay Street, Elgin for Hanover Housing Association
SUBMITTED:- A report by the Director of Community Services informing the Committee of further representations submitted in respect of the erection of 12 flats at Darliston, Hay Street, Elgin for Hanover Housing Association in regard to a relaxation of Regulation 9 (R2.5) with regard to location of refuse storage accommodation and recommending that in light of these further observations the relaxation be granted in this instance.
DECIDED:- That relaxation of Regulation 9 (R2.5) be granted.
8. APPLICATIONS FOR PLANNING PERMISSION
(a) Current Applications
ELGIN - NO. 1 WARD 909
Applications noted as approved under delegated powers
(1) 940547 Alter house at 54 Beech Brae, Elgin for Mr. and Mrs. W. Thompson
(2) 940722 Erect extension and porch at 33 Brodie Drive, Bishopmill, Elgin for Mr. I. Ogg
(3) 940750 Extend house to provide a fersina conservatory to the rear of 4 Quarry Road, Bishopmill, Elgin for Dr. M. Dewar
(4) 940862 Alter and extend existing dwellng at 51 Hermes Road, Bishopmill, Elgin for Mr. and Mrs. H. Thomson
Application Refused
(5) 940573 Erect new domestic garage and demolish existing garage at St. Vigeans, Braemorriston, Bishopmill, Elgin for Mr. W. Mackie
SUBMITTED:- A report by the Director of Planning and development recommending that planning permission to erect a new domestic garage and demolish existing garage at St. Vigeans, Braemorriston, Bishopmill, Elgin for Mr. W. Mackie be granted subject to conditions.
Following discussion Councillor Smith, seconded by Councillor Farquharson moved that the application be refused on the grounds that it was contrary to Local Plan policy ENV3 regarding design and would be detrimental to the amenity of the surrounding area with regard to outlook.
As there was no-one otherwise minded the motion became the finding of the Meeting.
DECIDED:- That planning permission be refused for the erection of a new domestic garage and demolition of the existing garage at St Vigeans, Braemorriston, Bishopmill, Elgin for Mr. W. Mackie
ELGIN - NO. 2 WARD
Applications noted as approved under delegated powers
(6) 940335 ROTC to site a portacabin and amend condition 3 of 890060 to permit parking of 4 lorries and 4 trailers at any one time at 2 Perimeter Spur, Pinefield Industrial Estate, Elgin for Mr. D.W.M. MacLennan
(7) 940388 Erect garage for storage at Torr House Hotel, 8 Moss Street, Elgin for Mrs. W. Sheridan
(8) 940646 Change of use of office premises to shop and erect canopies at 11 Lossie Wynd, Elgin for Mr. A. Grant
(9) 940689 Form extension at Highland Galvanizers, Pinefield Parade, Pinefield Industrial Estate, Elgin for Highland Galvanizers
(10) 940724 Construct a one storey extension 30 square metres at Pinefield Families Club, Pinefield, Elgin for Ministry of Defence
(11) 940777 Erect single garage at 9 St Andrews Square, Pinefield, Elgin for Mr. and Mrs. C. McNee 910
Application noted as refused after consultation with Local Member of Planning Authority
(12) 940563 Proposed new hanging sign at 48A High Street, Elgin for Maisie McKay's Bar and Restaurant
ELGIN - NO. 3 WARD
Applications noted as approved under delegated powers
(13) 940781 Erect proposed garage at 88 Baillies Drive, New Elgin, Elgin for Mr. and Mrs. A. Donaldson
(14) 940785 New conservatory to rear of property at 65 Baillies Drive, New Elgin, Elgin for Mr. and Mrs. Bramley
(15) 940804 Alter and extend existing dwellinghouse at 37 Springfield Road, New Elgin, Elgin for Mr. and Mrs. D. Milne
(16) 940825 Erect a garage at 41 Birnie Place, Elgin for Mr. K. Ferguson
(17) 940860 Alter and extend existing dwelling at 18 King Street, New Elgin, Elgin for Mr. M. McNeil and Miss A. Archibald
Application approved subject to conditions
(18) 940408 Provide two dwellinghouses (semi-detached) on Plot 51 Springfield Market Gardens, Elgin for Springfield Market Gardens (Elgin) Ltd
SUBMITTED:- A report by the Director of Planning and development recommending that planning permission to provide two dwellinghouses (semi-detached) on Plot 51 Springfield Market Gardens, Elgin for Springfield Market Gardens (Elgin) Ltd be granted subject to conditions.
DECIDED:- That planning permission be granted subject to the following conditions:-
(i) the development to which this permission relates must be begun not later than the expiration of five years beginning with the date on which this permission was granted;
(ii) unless otherwise agreed with the District Council, as Planning Authority, the development hereby approved shall be carried out strictly in accordance with the approved plans and conditions.
(iii) the development hereby granted shall relate to the amended block plan (5447/1LP1) received 11 July, 1994 regarding the position of the houses relative to the location of the existing sewer through the site, in order to facilitate provision for a 5m service strip for access to the sewer;
(iv) no building or structure shall be erected, constructed or placed within 2m of the foul sewer which crosses through the site;
(v) unless otherwise agreed with the District Council, as Planning Authority, the development shall not commence until samples of all proposed external finishing materials and their colouration have been submitted to and approved by the Director of Planning and Development;
(vi) sample panels of roughcast shall be prepared on the site for the inspection and approval of the Director of Planning and the roughcast work shall not be carried out until agreement has been reached with the Director of Planning regarding the type and colour of materials to be used; 911
(vii) the boundary enclosures as indicated on the amended block plan hereby approved shall be erected no later than the date the dwellinghouses are occupied;
(viii) 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;
(ix) the width of the vehicular access shall be 4m and have a maximum gradient of 1:20 measured for the first 5.0m from the edge of the public carriageway. Section of access over the public footpath/verge shall be to Grampian Regional Council specification and surfaced in bitmac;
(x) no water shall be permitted to drain on to the public footpath or carriageway;
(xi) drop kerbs shall be provided across the access to Grampian Regional Council, Roads Department specification;
(xii) parking spaces shall be provided at the rate of two spaces per dwelling plot;
(xiii) a turning area shall be provided within the curtilage of the site to enable vehicles to enter and exit in a forward gear.
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) to ensure an acceptable form of development in drainage terms;
(v) and (vi) in order to ensure that the development harmonises with the appearance and character of the surrounding properties and area;
(vii) to ensure that the site is fully and properly developed in accordance with the approved plans;
(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) in order to ensure that vehicles can enter and leave the site in a forward gear thereby minimising the possibility of hazards on the roadway as the result of manoeuvres involving reversing.
ELGIN - NO. 4 WARD
Applications noted as approved under delegated powers
(19) 931330 Install new shopfront at 79-83 High Street, Elgin for Mackays Stores Ltd
(20) 931332 Proposed signs at 79-83 High Street, Elgin for Mackays Stores Ltd
(21) 940501 Form additional access at Strathdonnan, High Street, Elgin for Mr. D. Campbell
(22) 940564 Erect gas cylinder store at Moray College, Moray Street, Elgin for Moray College 912
(23) 940673 Erect new bathroom extension at Bhein Lhora, St Catherines Place, Elgin for Mr. and Mrs. A. Birch
(24) 940697 Form bus turning circle at Greenwards Primary School, Edgar Road, Elgin for Grampian Regional Council
(25) 940710 Erect two multi-purpose units at Diesel Centre, The Wards, Elgin for Mr. A. Adam
(26) 940752 Erect double garage at 80 Pluscarden Road, Elgin for Mr. A.H. Barron
(27) 940776 Alter and extend existing dwellinghouse at 5 Brinuth Place, New Elgin, Elgin for Mrs. E. Hodgson
(28) 940842 Conservation Area Consent to demolish 2 single vent eaves chimney heads at the rear (west) elevation at 2-3 Lossie Wynd, Elgin for The Oliver Group Ltd
Applications noted as approved after consultation with Local Member of Planning Authority
(29) 940182 OPA for change of use from veterinary surgery to housing for the elderly and a private dwellinghouse in garden at 121 and 125 South Street, Elgin for Messrs. Millar & Swann
(30) 940515 Erection of relocatable classroom units at West End Primary School, Elgin for Grampian Regional Council
(31) 940620 Sub-division of flat into flat and maisonette at 211A High Street, Elgin for Mr. A. MacGregor
(32) 940621 Listed Building Consent to sub-divide of flat into flat and maisonette at 211A High Street, Elgin for Mr. A. MacGregor
FORRES - NO. 5 WARD
Applications noted as approved under delegated powers
(33) 940337 Extend workshop to form showroom, store and toilet and car park at Lea Road, Forres for Carol Shewan Ceramics
(34) 940662 Erect a conservatory at 60 Birkenhillock Road, Forbeshill, Forres for Mrs. A. Salt
(35) 940705 Erect respite care house at Plasmon Hill, Fleurs Place, Forres for Grampian Regional Council
(36) 940712 OPA to erect a dwellinghouse at Orchard, Chapelton House, Forres for Mr. G.T. Gill
(37) 940734 Erect sign at 116 High Street, Forres for Moray Tourist Board
(38) 940762 Erect wooden sectional garage at 2 Adam Drive, Forres for Mr. W.C. Paterson
(39) 940816 Build new garage and form new access onto Alexandra Terrace, Heathersett, Alexandra Terrace, Forres for Mr. and Mrs. D. MacFarquhar
(40) 940898 Alter and extend existing garage (domestic) at 16 Drumduan Road, Forres for Mr. and Mrs. Ure 913
Application Refused
(41) 940679 Change use of amenity ground and erect garage and boundary walls at 7 Mannachie Road, Forres for Mr. I. McIvor
SUBMITTED:- A report by the Director of Planning and development recommending that planning permission for the change of use of amenity ground and erect garage and boundary walls at 7 Mannachie Road, Forres for Mr. I. McIvor be granted subject to conditions.
Following discussion, Councillor Lawson, seconded by Councillor Proctor moved that the application be refused on the grounds the site was considered unsuitable for the proposed use with regard to future housing proposals on land to the South of the application site and approval of the application would set an undesirable precedent for similar developments on adjoining land.
As an amendment Councillor Farquharson, seconded by Councillor Smith moved that the application be approved as submitted.
On a division there voted :-
For the motion (3) For the amendment (2) Abstentions (8)
Councillors: Councillors:
Lawson Farquharson Aldridge Proctor Smith Fleming Thompson Howe Jappy Longmore Mrs Scott Mrs Shaw Wilson
DECIDED:- That planning permission be refused for the change of use of amenity ground and the erection of a garage and boundary walls at 7 Mannachie Road, Forres.
Application refused
(42) 940685 Change of use of framing studio and art gallery to children's adventure play centre and creche at 1 Leask Road, Forres for Mr. and Mrs. A. Eley
SUBMITTED:- A report by the Director of Planning and Development recommending the refusal of planning permission for the change of use of framing studio and art gallery to children's adventure play centre and creche at 1 Leask Road, Forres for Mr. and Mrs. A. Eley
DECIDED:- That planning permission be refused on the following grounds:-
(i) the proposal is contrary to Moray District Local Plan 1993-98 policy ENV3 "Development in Built- Up Areas" in terms of unacceptable traffic generation and undesirable general disturbance to its surroundings;
(ii) the proposal would generate traffic which would tend to wait outside the premises which would tend to lead to congestion and potentially be a hazard to others. 914
FINDHORN VALLEY - NO. 6 WARD
Applications noted as approved under delegated powers
(43) 940382 Erect 2 houses on Plots 1 and 3 Fairlands, Burghead Road, Kinloss for Mr. and Mrs. E. Bales
(44) 940643 Erect dwellinghouse and integral double garage on Plot B, Marycroft, Rafford for Mr and Mrs. J. Jasinski
(45) 940757 Alter existing dwellinghouse at Greystones, 161 Findhorn for Mr. and Mrs. M. Munro
(46) 940760 Listed Building Consent to alter existing dwellinghouse at Greystones, 161 Findhorn for Mr. and Mrs. M. Munro
Application noted as approved after consultation with Local Member of Planning Authority
(47) 940772 Erect dwellinghouse and integral garage on Site C, Marycroft, Rafford for Mr. and Mrs. Shavona
Application Approved Subject to Conditions
Application No. 940963 and Agenda Item No. 27 "Breach of Planning Control - Oldmills Caravan Park, Brodie" were considered together with the approval of the Committee.
(48) 940963 Incorporate 75 static and touring pitches including wardens chalet at Oldmills Caravan Park, Brodie, by Forres for Mr. M. Jamieson
SUBMITTED:- Reports by the Director of Planning and Development advising the Committee of current progress in relation to the breach of planning control at the Oldmill Caravan Park, Brodie and recommending that the interdict against the applicant be withdrawn and also that the Director of Planning and Development be granted delegated powers to approve an application for planning permission to incorporate 75 static and touring pitches including a Warden's chalet at the Park, Brodie for Mr. M. Jamieson subject to appropriate conditions.
DECIDED:-
(i) That the action taken to date in regard to the breach of planning control at the Oldmills Caravan Site, Brodie be noted and homologated in accordance with previously agreed procedures;
(ii) That the Director of Planning and Development be granted delegated powers to approve the planning application for the incorporation of 75 static and touring pitches including Warden's chalet at Oldmills Caravan Park, Brodie, by Forres for Mr. M. Jamieson subject to appropriate conditions;
(iii) That the interdict in force against the applicant be withdrawn following the issue of the decision notice with the costs being borne initially by Moray District Council; and
(iv) That the Director of Planning and Development in conjunction with the Director of Administration and Law identify the costs incurred by the Authority in relation to Enforcement 915
Action at Oldmills Caravan Park, Brodie with a view to approaching the Scottish Office for reimbursement of these costs.
LAICH - NO. 7 WARD
Applications noted as approved under delegated powers
(49) 940535 Change of use of domestic garage to carpet sales at 21 Park Street, Burghead for Ms. D.S. Kirkwood
(50) 940671 Erect a double garage at Kerdon, St. Aethans Road, Burghead for Mr. J.P. Graham
(51) 940695 OPA to erect dwellinghouse and garage to the rear of 33 Forsyth Street, Hopeman for Mrs. R. Woodvine
(52) 940810 Form new pitched roof over existing garage at Windyridge, by Lossiemouth for Mr. W. Ritchie
(53) 940838 Extend dwellinghouse at 2 Fastnet Place, Lossiemouth for Mr. M. McLeod
LOSSIEMOUTH - NO. 8 WARD
Applications noted as approved under delegated powers
(54) 940650 Retrospective application to build concrete block wall to east boundary (on former gap site) at 18 Elgin Road, Lossiemouth for Mr. and Mrs. G. Donald
(55) 940735 Erect a garage at 9 Inchbroom Court, Lossiemouth for Mr. G. Erskine (56) 940837 Remove/relax condition pertaining to provision of 2 car parking spaces, for change of use of shop to dwellinghouse at 38 Kinneddar Street, Lossiemouth for Mr. L. Woodward
Applications deferred
(57) 940484 Erect 2 no dwellinghouses at Rock House Hotel, Clifton Road, Lossiemouth for Mrs. M. MacLennan (outline)
SUBMITTED:- A report by the Director of Planning and Development recommending the refusal of planning permission for the erection of 2 no. dwellinghouses at Rock House Hotel, Clifton Road, Lossiemouth for Mrs. M. MacLennan (outline)
DECIDED:- That consideration of this application be deferred to allow for a fresh or amended application to be submitted by the applicant.
(58) 931345 Erect 87 dwelling units and ancillary works at Drainie Way, Lossiemouth for Wimpey Homes Holdings Ltd
SUBMITTED:- A report by the Director of Planning and Development recommending that consideration of the application for the erection of 87 dwelling units and ancillary works at Drainie Way, Lossiemouth for Wimpey Homes Holdings Ltd be deferred to a future meeting of this Committee pending completion of the Neighbour Notification procedure. 916
DECIDED:- That consideration of this application be deferred to a future meeting of this Committee in order to allow for the satisfactory completion of Neighbour Notification procedures.
HELDON - NO. 9 WARD
Applications noted as approved under delegated powers
(59) 931385 Erect proposed rural dwellinghouse at Beechwood, Longmorn for Mr and Mrs A. Reid
(60) 940530 Erect 2 houses and 2 garages on Plots 2 and 3 adjacent to Neil Miller's garage at Fogwatt, Elgin for Mr. Wyles and Mr. Duguid
(61) 940609 Renewal of temporary consent to erect car repair workshop at Castlehill, Birnie for Mr. R.G. Gillespie (62) 940633 Erect house and garage on Plot 4 adjacent to Neil Miller's garage at Fogwatt, Elgin for Mr. Lumsden
(63) 940740 Alter and extend manager's house at Miltonduff, by Elgin for Allied Distillers Ltd
Application noted as refused after consultation with Local Member of Planning Authority
(64) 940656 OPA to erect 2 no houses complete with garages at Clackmarras, by Elgin for Mr G. Weller
Application noted as approved after consultation with Local Member of Planning Authority
(65) 940732 OPA to erect a house on vacant plot at Glenlatterach Farm, Near Elgin, Elgin for Mr. R.J. Deptford
INNES - NO. 10 WARD
Applications noted as approved under delegated powers
(66) 940541 Alter and extend existing dwellinghouse at Westview, Calcots, by Elgin for Mr. D. Laing
(67) 940631 Renewal of temporary consent for change of use of shed to Thrift Shop at Manse, St Andrews Road, Lhanbryde for Lhanbryde & Urquhart Kirk Session
(68) 940751 Proposed erection of a conservatory to the rear of 11 Kirkland Hill, Lhanbryde for Mr. A. Robertson
(69) 940864 Erect a garage at 16 Elsher Road, Lhanbryde for Mr. and Mrs. A. Forbes
Application noted as approved after consultation with Local Member of Planning Authority
(70) 940557 Renewal of temporary consent to operate taxi business at Mosstodloch Service Station, Mosstodloch for Mr. and Mrs. C. Nicol
Application noted as refused after consultation with Local Member of Planning Authority
(71) 940599 Erect new dwellinghouse on ground adjacent to property at Falcon House, Church Road, Garmouth for The Executors for Mrs. Dawson 917
Application deferred
(72) 940107 Demolish existing workshops and house and erect 11 dwellinghouses at Station Road, Garmouth for Baillie Brothers Ltd (outline)
SUBMITTED:- A report by the Director of Planning and Development regarding an application to demolish an existing workshops and house and erect 11 houses at Station Road, Garmouth for Baillie Brothers Ltd (outline)
DECIDED:- That the Committee are minded to approve the application for planning permission to demolish the existing workshops and dwellinghouses at Station Road, Garmouth for Baillie Brothers Ltd (outline) subject to the outcome of a public hearing with the objectors in accordance with the provision of PAN41.
Applications approved subject to conditions
(73) 940164 Erect 3 no. dwellinghouses and garages at Orchard, Spey Street, Garmouth for Linden Construction Ltd
SUBMITTED:- A report by the Director of Planning and development recommending that planning permission to erect 3 no. dwellinghouses and garages at Orchard, Spey Street, Garmouth for Linden Construction Ltd be granted subject to conditions.
DECIDED:- That planning permission be granted subject to the following conditions:-
(i) the development to which this permission relates must be begun not later than the expiration of five years beginning with the date on which this permission was granted;
(ii) unless otherwise agreed with the District Council, as Planning Authority, the development hereby approved shall be carried out strictly in accordance with the approved plans and conditions;
(iii) for the avoidance of doubt the approved plans include:-
(a) site layout plan drawing 89.01.262 No. 9 Rev C which shall be read in conjuction with the additional Detail Site Plan drawing 89.01.262 No. 15 received 7 April, 1992 in respect of detailed matters regarding layout and setting out of the development, but excluding landscaping details shown thereon;
(b) additional drawing "Landscaping Layout" (drawing 89.01.262 no. 16 (as amended) refers) received 13 April, 1994 in respect of landscaping details regarding tree retention, felling and planting etc;
(iv) unless otherwise agreed with the District Council, as Planning Authority, the development shall not commence until samples of all proposed external finishing materials and their colouration have been submitted to and approved by the Director of Planning and Development;
(v) 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;
(vi) in accordance with the details shown on additional drawing 89.01.262 no. 15 the proposed wall and access details along the Spey Street frontage (including the section wall to be angled at Bristol 918
Notch) shall be provided prior to first occupation of Plot 3 and externally finished to match the existing wall finishes of the property;
(vii) two spaces (i.e.) garage and/or hardstanding) shall be provided within the curtilage of each house plot;
(viii) a turning area shall be provided within the curtilage of each house plot to enable vehicles to enter and exit in a forward gear;
(ix) 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;
(x) 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;
(xi) no water shall be permitted to drain on to the public footpath or carriageway;
(xii) 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;
(xiii) no dwellinghouse shall be occupied until the access arrangements, parking and turning facilities serving each site have been provided in accordance with the approved plans, or to a stage previously agreed, in writing, with the District Council, as Planning Authority;
(xiv) all planting, seeding or turfing comprised in the approved details of landscaping shall be carried out not later than the first planting and seeding seasons following the occupation of the dwellinghouse or the completion of the development, whichever is the sooner;
(xv) any trees or plants which, within a period of 5 years from the planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a size and species to the satisfaction of the Director of Planning and Development;
(xvi) all existing trees within the site as identified on drawing 89.01.262 no. 16 (as amended) including the area shown in horizontal hatching thereon shall be retained/protected for the duration of the development and shall not be wilfully damaged or destroyed, uprooted, felled, looped or topped during that period without the prior written consent of the Planning Authority;
(xvii) any trees so removed without such consent or dying or being severely damaged or becoming seriously diseased during that period shall be replaced with trees of such size and species as may be agreed with the District Council as Planning Authority;
(xviii) prior to development works first commencing on site, including site clearance works the temporary fence shall be erected as shown on drawing 89.01.262 no. 16 and thereafter until completion of the development the fence shall be maintained with no works, including the storage of materials and machinery etc; associated with the development shall be located within the hatched area;
(xix) the proposed earth berm along the western side of the existing drainage ditch through Plot 1 shall be provided prior to development works first commencing on any of the proposed dwellinghouses hereby approved;
(xx) the area of land on the eastern side of the burn shall be used solely for the purposes of landscaping and for no other use or purpose, including the erection, construction or placement thereon of any building, shed, greenhouse, etc or similar structure without the prior consent, in writing, of the District Council, as Planning Authority; 919
(xxi) prior to the occupation of the dwellinghouse on Plot 1 details regarding the proposed arrangements for the maintenance and treatment of both the berm and the landscaped area located within the curtilage of Plot 1 shall be submitted to and approved by the District Council, as Planning Authority.
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) to ensure an acceptable form of development in the interests of the amenities and character of the development, on the surrounding area including the Conservation Area within which the proposal is located;
(iv) and (v) in order to ensure that the development harmonises with the appearance and character of the surrounding properties and area;
(vi) in the interests of the amenities and appearance of the development;
(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;
(viii) in order to ensure that vehicles can enter and leave the site in a forward gear thereby minimising the possibility of hazards on the roadway as the result of manoeuvres involving reversing;
(vix), (x), (xi) and (xii) in the interests of road safety;
(xiii) to ensure that adequate access and parking/turning facilities are provided at an early stage of the development;
(xiv) and (xv) in order to ensure that the approved landscaping works are timeously carried out and properly maintained in a manner which will not adversely affect the development or amenity and character of the area;
(xvi) 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;
(xvii) and (xviii) in the interests of the appearance and character of the development and the surrounding locality including the Conservation Area within which the proposal is located;
(xix) to ensure a satisfactory form of development in the interests of measures to mitigate against flooding;
(xx) in accordance with the submitted application particulars, the provisions of the approved Moray District Local Plan and in the interests of the environmental amenities and appearance of the locality;
(xxi) in accordance with the submitted particulars and to ensure that adequate provision for the maintenance of the features specified is provided, details of which are lacking from the submission.
Arising therefrom:-
The meeting also noted the concerns of the Local Member in regard to the fact that the Planning Authority was, in this instance, precluded from placing conditions regarding use of access outwith the site on this application by virtue of legislation and it was agreed that the Director of Planning 920 and Development bring this lacuna to the Secretary of State's attention in connection with the Scottish Office's forthcoming review of the planning legislation.
Application deferred
(74) 940605 Erect house and garage and establish smallholding on ground adjoining property at Laighhill, Garmouth for Messrs McKay & Morrison (outline)
SUBMITTED:- A report by the Director of Planning and Development recommending the refusal of planning permission for the erection of a house and garage and establish smallholding on ground adjoining property at Laighhill, Garmouth for Messrs. McKay & Morrison (outline)
DECIDED:- That consideration of this application be deferred to allow Members to visit the site and to allow the applicant to submit further details regarding their future plans for the development.
BUCKIE - NO. 11 WARD
Applications noted as approved under delegated powers
(75) 940525 Metal shutters at shop windows facing High Street at 6-8 High Street, Buckie for Mr. and Mrs. J. Robertson
(76) 940559 Erect house and garage on Plot 35 Spey Drive, Buckie for Mr. and Mrs. I. Flett
(77) 940567 Erect house and garage on Plot 37 Highfields, Buckie for Mr. and Mrs. F. Lyden
(78) 940653 Erect house and garage on Site 36 Highfield Development, Buckie for Mr. and Mrs. J. Mercer
(79) 940717 Extend existing dwellinghouse at 21 Cameron Crescent, Buckie for Mr. and Mrs. E. Duncan
(80) 940761 Change of use of yard to builders yard at rear of street at Bridge Place, Buckie for Mr. D. Campbell
Application noted as approved after consultation with Local Member of Planning Authority
(81) 940613 Erect house and garage on Plot 2 Land Street, Buckie for Mr. and Mrs. Campbell
Applications noted
(82) 940150 Build 2 no. two storey extensions at Great Western Road, Buckie for Grampian Country Pork Ltd 921
SUBMITTED:- A report by the Director of Planning and Development advising the Committee of progress made in regard to the development of 2 no. 2 storey extensions at Great Western Road, Buckie for Grampian Country Pork and of the appreciation expressed by the applicants' agents of the assistance provided by the Department of Planning and Development during the project.
DECIDED:- That the report be noted.
Application deferred
(83) 940879 Construct road and services for private site development at Netherha Road East, Buckie for Moray District Council
SUBMITTED:- A report by the Director of Planning and Development recommending that he be granted delegated powers to approve planning permission for the construction of a road and services for a private site development at Netherha Road East, Buckie for Moray District Council
DECIDED:- That subject to the District Council not requesting that the Planning and Development Committee reconsider the application in light of any further information which Members may advance and the outcome of a public hearing with the objectors in accordance with the provisions of PAN41, the Committee be minded to grant the Director of Planning and Development delegated powers to grant planning permission for the development.
BUCKIE - NO. 12 WARD
Applications noted as approved under delegated powers
(84) 940659 Demolish existing lean-to and erect kitchen and bedroom extension at 15/17 Rathburn Street, Buckie for Mr. and Mrs. Gilbert
(85) 940747 Form new access from road and insert new door at former Hamiltons Site, McLarens Brae, East Church Street, Buckie for A. Forsyth & Son (Rothes) Ltd (86) 940780 New conservatory to front of house at 4 Great Eastern Road, Portessie for Mr. and Mrs. G. Drummond
(87) 940782 Erect lock-up garage at 47 Linn Crescent, Buckie for Mr. M. Smith
(88) 940802 Remove timber garage and erect new block garage at 34 Mill Crescent, Buckie for Mr. and Mrs. I. Campbell
(89) 940824 Extend sitting room (variation of previous approved plan) at 9 Shearer Avenue, Buckie for Mr. A. Dean
Application approved
(90) 940610 Illuminated tower signboard at Regency Oils, 6-7 Marine Place, Buckie for Messrs. Regency Oils 922
SUBMITTED:- A report by the Director of Planning and Development recommending the refusal of planning permission for the erection of a replacement illuminated tower signboard at Regency Oils, 6-7 Marine Place, Buckie for Messrs. Regency Oils
Following discussion Councillor Longmore, seconded by Councillor Proctor, moved that the application be approved as submitted on the grounds that the present sign was a potential hazard to public safety.
There being no-one otherwise minded the motion became the finding of the meeting.
DECIDED:- That planning permission be granted for the erection of a replacement illuminated tower signboard at Regency Oils, 6-7 Marine Place, Buckie for Messrs. Regency Oils.
RATHFORD - NO. 13 WARD
Applications noted as approved under delegated powers
(91) 940288 OPA to erect new dwellinghouse on ground adjacent to property at 35 Station Road, Findochty for Mr. and Mrs. P. Bell
(92) 940576 Erect a garage at 2 Mid Street, Findochty for Mr and Mrs. A. Brandt
(93) 940658 Erect conservatory extension at 7 Findlater Drive, Cullen for Mr. and Mrs. A. Watt
(94) 940670 Erect conservatory and feature wall arch at 2 Binview Terrace, Cullen for Mr. J. Murdoch
(95) 940677 Erect conservatory at 8 The Steadings, Findochty for Mr. and Mrs. Jappy
(96) 940702 Alterations to house, erection of wall and demolition of shed, kitchen extension and stairs at 28 Church Street, Portknockie for Mr. B.J. Dunbar
(97) 940703 Listed Building Consent for alterations to house, erection of wall and demolition of shed, kitchen extension and stairs at 28 Church Street, Portknockie for Mr. B.J. Dunbar
(98) 940720 Erect new sun porch behind house at 7 King Edward Terrace, Portknockie for Mr. and Mrs. W. Wilson
(99) 940742 Erect boundary wall, move existing driveway entrance (in retrospect) at 27 Station Road, Findochty for Mr. W. Jappy
(100) 940766 Demolish existing lean to, alter house and erect kitchen extension at 13 Park Street, Portknockie for Mrs. W. Stewart
(101) 940767 Conservation Area Consent to demolish existing lean to, alter house and erect kitchen extension at 13 Park Street, Portknockie for Mrs. W. Stewart
(102) 940786 Demolition of existing garage and construction of new garage at 5 Ogilvie Park, Cullen for Mr. and Mrs. J. Wood
(103) 940795 Erect two dormer type windows at 14 Harbour Place, Portknockie for Mr. and Mrs. T.G. Todd
(104) 940798 Erect boundary walls and rebuild garden shed at 64 Morven Crescent, Findochty for Mr. and Mrs. H. McKay 923
Applications noted as approved after consultation with Local Member of Planning Authority
(105) 930976 Erect a house and garage on railway site at Hill Street, Portknockie for Mr. D. Mair
(106) 940390 Alter and extend dwellinghouse at 53 Seatown, Cullen for Mr. and Mrs. D. Kirby
(107) 940391 Listed Building Consent to alter and extend dwellinghouse at 53 Seatown, Cullen for Mr. and Mrs. D. Kirby
(108) 940674 Erect a dwellinghouse (approval of reserved matters) at 20A Reidhaven Street, Cullen for Mr. and Mrs. T.S. MacFarlane
Application
(109) 940733 Erect house at 28B Seafield Street, Cullen for Mr. J. Mitchell
SUBMITTED:- A report by the Director of Planning and Development recommending refusal of planning permission for the erection of a house at 28B Seafield Street, Cullen for Mr. J. Mitchell
Councillor Mrs. Shaw left the meeting during discussion of this item.
Following discussion Councillor Wilson, seconded by Councillor Thompson, moved that the application be approved as submitted on the grounds that it was in keeping with the surrounding buildings and as such would not detract from the area by virtue of visibility and would not detract from the townscape in any way.
As an amendment Councillor Lawson, seconded by Councillor Smith, moved that the application be refused as submitted.
On a division there voted:
For the motion (6) For the amendment (4) Abstentions (2)
Councillors:- Councillors:- Councillors:-
Wilson Lawson Aldridge Thompson Smith Jappy Howe Fleming Longmore Farquharson Proctor Mrs. Scott
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) J.A. Proctor E. Aldridge Mrs. J.M. Scott A.J. Fleming Mrs. J.M. Shaw T.A. Howe C.R.C. Smith 924
W. Jappy D.M.A. Thompson S.D.I. Longmore J. Wilson
IN ATTENDANCE
Director of Administration and Law Director of Planning and Development Principal Building Control Officer Chief Assistant, Local Plans & Industry Mr D. Duncan, Senior Assistant, Development Control
APOLOGIES
Apologies for absence were intimated on behalf of Councillors Mrs. M.E. Anderson, Mrs H.M. Cumiskie, Mrs. M.M. Davidson, L. Mann and W.R. Swanson.
Application Number 940733 (Continued ...)
Following further discussion and discussions between the Director of Planning and Development and the applicant, the meeting unanimously agreed to suspend Standing Orders in light of new information regarding the applicant's willingness to submit a revised application addressing the concerns expressed by members during their discussion of the application which was not available when the previous decision was made.
DECIDED:- That the previous decision to grant planning consent be revoked and the Director of Planning and Development be granted delegated powers to approve the development subject to design criteria including aspects regarding roof pitch and window positioning being met.
LENNOX - NO. 14 WARD
Applications noted as approved under delegated powers
(110) 930966 Erect 4 semi-detached bungalows, 3 detached bungalows and 3 detached one and a half storey dwellinghouses at Station Road, Portgordon, Buckie for Gordon Forbes Construction
(111) 940678 Renew planning consent for timber garage to the rear of Gordon Street, Portgordon for Mrs. M. Rigby
(112) 940727 Construct garage and kitchen extension at Merlin, South March, Bogmoor, Fochabers for Mr. and Mrs. A. Stevens
(113) 940792 Retrospective application for change of use of 2 house sites to garden ground and erection of boundary fence and shed at Braemaghan, Nether Dallachy, Spey Bay for Mrs. Donegan
(114) 940812 Proposed erection of a conservatory to the front of Saughwells Farm, Fochabers, by Keith for Mr. E. Bain Application noted as approved after consultation with Local Member of Planning Authority
(115) 940612 Demolish cottage remains and erect new dwellinghouse at Roselea, Clochan, by Fochabers for Mr. A. Harper
Application deferred 925
(116) 940473 For 2 new dwellinghouses with garages at Mains of Buckie, Buckie for Mr. and Mrs Hamilton
SUBMITTED:- A report by the Director of Planning and Development recommending that he be granted delegated powers to approve an application for 2 new dwellinghouses with garages at Mains of Buckie, Buckie for Mr. and Mrs. Hamilton
DECIDED:- That the Committee are minded to grant the Director of Planning and Development delegated powers to approve the planning permission for the development of 2 new dwellinghouses with garages at Mains of Buckie, Buckie for Mr. and Mrs. Hamilton subject to the outcome of a public hearing with the objectors in accordance with the provisions of PAN41.
Application deferred
(117) 931119 Erect a two bedroom bungalow at Pendennes, Arradoul, Buckie for Mrs. M. Briggs (outline)
SUBMITTED:- A report by the Director of Planning and Development recommending the refusal of planning permission for the erection of a two bedroom bungalow at Pendennes, Arradoul, Buckie for Mrs. M. Briggs (outline)
DECIDED:-
(i) That consideration of this application be deferred in order to allow Members to visit the site; and
(ii) That a member of the Scottish Office Roads Directorate be invited to address the Committee at the forthcoming site visit.
Councillor Fleming left the meeting at this juncture.
Application approved subject to conditions
(118) 940454 Convert outbuilding to form granny annexe, Woodside Cottage, Enzie, Buckie for Mr. T. Geddes
SUBMITTED:- A report by the Director of Planning and Development recommending that he be granted delegated powers to approve planning permission for the conversion of an outbuilding to form granny annexe at Woodside Cottage, Enzie, Buckie for Mr. T. Geddes
DECIDED:- That the Director of Planning and Development be granted delegated powers to approve the conversion of an outbuilding to form a granny annexe at Woodside Cottage, Enzie, Buckie for Mr. T. Geddes subject to:-
(i) The Scottish Office Trunk Roads Department having no objection to this application;
(ii) The applicant submit revised plans showing:-
(a) roof pitch increased to 40 degrees; 926
(b) use of gable end roof as opposed to hipped roof end;
(c) use of slate or imitation slate on roof; and
(d) use of 50-50 split in proportions of all windows;
(iii) satisfactory completion of the "Not in Accordance with the Development Plan" procedures; and subject to the following conditions.
(iv) 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;
(v) 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;
(vi) that, prior to commencement of the development hereby approved, a site plan shall be submitted to and approved by the Director of Planning and Development to show a minimum of 4 car parking spaces and vehicular turning area provided within the site;
(vii) the above plan to be implemented to the satisfaction of the Director of Planning and Development prior to the completion or occupation, whichever is the sooner, of the development hereby approved;
(viii) that the granny annexe hereby approved shall at all times remain ancillary in use to the main dwellinghouse (Woodside Cottage) and part of the curtilage of Woodside Cottage and no sub- division of this curtilage, by any means, shall be permitted;
(vix) sample panels of roughcast shall be prepared on the site for the inspection and approval of the Director of Planning and Development and the roughcast work shall not be carried out until agreement has been reached with the Director of Planning and Development regarding the type and colour of materials to be used;
(x) unless otherwise agreed with the District Council, as Planning Authority, the roof shall be finished with natural slates or imitation slates;
(xi) that all existing trees and vegetation on site shall be retained and neither lopped, topped, cleared, felled or interfered with in any way without the prior written consent of the Director of Planning and Development;
(xii) that the new septic tank shall connect into the existing drainage arrangements for the existing septic tank to the satisfaction of the Director of Planning and Development in consultation with the North East River Purification Board.
Reasons:
(iv) Standard time limit reason stipulated under The Town and Country Planning (Scotland) Act 1972;
(vi) 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;
(vi) and (vii) in the interests of road safety;
(vii) in order to ensure that the development remains in ancillary use to the main residence in order to minimise vehicular movements onto the A98 Trunk Road; 927
(vix) and (x) in order to ensure the development harmonises with the appearance and character of the surrounding properties and area;
(xi) 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;
(xii) in the interests of public health.
KEITH - NO. 15 WARD
Applications noted as approved under delegated powers
(119) 940586 OPA to erect a house on site 153-155 Land Street, Keith for Miss K. Mckie (120) 940667 Proposed conversion into flats and maisonettes at Keith Laundry, 32-38 Union Street, Keith for Mr. J. Logie
(121) 940681 Extend an existing 3-apt dwellinghouse at 99 Nelson Terrace, Keith for Mr. and Mrs. A.J. Green
(122) 940726 Alter dwellinghouse at 88C Mid Street, Keith for Mr. and Mrs. A. Rettie
(123) 940769 Alter and extend at 66 Fife Street, Fife-Keith for Mr. B. Allan
(124) 940771 Proposed extension to existing furniture shop at 159A Mid Street, Keith for Mr. A. Davidson
(125) 940775 Alter garage involving a store room and shower room over the existing garage and utility with a new pitched roof at 4 Broomhill Court, Keith for Mr. McWilliam
(126) 940805 Alterations and extension to dwellinghouse at 37 Fife Street, Keith for Mr. C. Cowie
Applications noted as approved after consultation with Local Member of Planning Authority
(127) 930757 Proposed erection of dwellinghouse and garage to the rear at 133 Moss Street, Keith for Mr. J. Logie
(128) 940080 OPA to erect house to rear of property at Central Bar, Church Road, Keith for Mr. B.J. Doyle and Mrs C.K. Doyle
Application refused
(129) 930669 Erect dwellinghouse to rear of property at 101 Mid Street, Keith for Mr. P. Stott (outline)
SUBMITTED:- A report by the Director of Planning and Development recommending the refusal of planning permission for the erection of a dwellinghouse to rear of property at 101 Mid Street, Keith for Mr. P. Stott (outline)
DECIDED:- That planning permission be refused on the grounds that the proposed development is contrary to Council policies H16 and ENV3 as contained in the Moray District Local Plan 1993-1998 in that development of the site as proposed would result in an unacceptable loss of amenity for 101 Mid Street, Keith in that usable garden, parking and drying areas associated with that property would be reduced to an unacceptable level. Application approved 928
(130) 920158 Proposed 7 site private housing development at Newmill Road, Keith for Mr. C. Murray (outline)
SUBMITTED:- A report by the Director of Planning and Development recommending that he be granted delegated powers to approve the proposed 7 site private house development at Newmill Road, Keith for Mr. C .Murray (outline) subject to appropriate conditions.
DECIDED:- That the Director of Planning and Development be granted delegated powers to approve the proposed 7 site private housing development at Newmill Road, Keith for Mr. C. Murray (outline).
STRATHISLA - NO. 16 WARD
Applications noted as approved under delegated powers
(131) 940675 Erect a single dwellinghouse at Gauldwell Wood, Craigellachie for Brigadier A. Irwin
(132) 940694 OPA to convert redundant agricultural buildings to form two residential units at Newton of Edingight, Grange, Keith for Mr. J. Lewis
(133) 940743 Proposed new dwellinghouse and septic tank at Berryhillock, Grange, Keith for Mr. and Mrs. M. Beresford
(134) 940756 Alterations to existing house at Garronhaugh Farm, Milltown of Rothiemay for Mr. H. Willemer
(135) 940818 Provide new bathroom, sunlounge/utility extension to house at Gullieknowes, Newmill, Keith for Mrs. Mackie
(136) 940836 New conservatory to front and side of house at Carn-Mhor, Drummuir for Mr. Moffat
(137) 940861 New conservatory to rear of house at 9 Tocher Terrace, Drummuir, by Keith for Mr. and Mrs. R. Williamson
(138) 940881 Change of use of a former farm bothy into a house extension at Cullieshangan, Mulben, Keith for Mr. and Mrs. Galloway
Application noted as refused after consultation with Local Member of Planning Authority
(139) 931008 OPA to erect new dwellinghouse at Cairnhill, Grange, Keith for Mr. N. McWilliam
Application noted as approved after consultation with Local Member of Planning Authority
(140) 940617 Convert former house to disabled holiday accommodation at Parkhead, Botriphinie, Drummuir for Mr. and Mrs. M. Collins
Application refused
(141) 940290 Erect house, garage and oil tank at Belnagarrow, by Craigellachie for Mr. R. Mahlitz 929
SUBMITTED:- A report by the Director of Planning and Development recommending the refusal of planning permission for the erection of a house, garage and oil tank at Belnagarrow, by Craigellachie for Mr. R. Mahlitz
DECIDED:- That planning permission be refused on the following grounds:-
(i) the proposal is contrary to the policies of this Authority for the erection of a new dwellinghouse in the open countryside as specified in the Moray District Local Plan 1993-1998;
(ii) the proposal is contrary to policy HC10 of the Moray District Local Plan 1993-1998 as follows;
(a) the proposal would be prominent, it would not blend sympathetically with existing land forms and would be detrimental to the appearance of the countryside;
(b) approval of the proposal would create a gap capable of being infilled with further dwellings between the site and the existing dwelling to the south;
(iii) the proposal is contrary to policy HC11 of the Moray District Local Plan 1993-1998 in that;
(a) the proposed dwelling would not be positioned sensitively along with an existing group of buildings or integrate with existing landforms so as to blend unobtrusively with its surroundings;
(b) the proposal would contribute to a build-up of residential development changing the character of the area to that of a more suburban style grouping of dwellings by establishing a clear precedent for infilling the gap between the site and the existing dwelling to the south.
SPEYSIDE - NO. 17 WARD
Applications noted as approved under delegated powers
(142) 940178 Provide manager's accommodation, ensuite bathroom to bedrooms, alter public bar and upgrade toilet facilities at Lour Hotel, Aberlour for Mr. I. Mackenzie
(143) 940545 Extend the warden's house to create a reception area at Elchies Camping Site at Archiestown for The Camping and Caravanning Club
(144) 940700 Rebuild 6 footbridges in victorian garden at the Glen Grant Garden, Glen Grant Distillery, Rothes for Chivas Brothers Ltd
(145) 940714 Erect house and garage on Plot 2 Rothes Manse, Rothes for Mr. and Mrs. Dawes
(146) 940826 Erect proposed "Cathedral Conservatories", Conservatory at 20 Breich Street, Rothes for Mr. and Mrs. Wall
(147) 940870 Erect a 1.5 metre diameter satellite dish at 15-19 High Street, Aberlour for Landrover Frank Ogg & Son
Applications noted as approved after consultation with Local Member of Planning Authority
(148) 940459 Change of use of existing outbuilding to tea room and extend existing outbuilding to form kitchen/toilets at Strathspey, Victoria Street, Craigellachie for Mr. and Mrs F. Donaghy 930
(149) 940592 Demolish existing steading and replace with timber treatment plant and wood drying area at East Mains, Knockando for Knockando Estate
Application approved
(150) 940790 Amend condition 18A attached to the planning consent reference 921364 for gravel extraction at Rothes Glen Quarry, Glen of Rothes for Speyside Sand and Gravel Quarries Ltd
SUBMITTED:- A report by the Director of Planning and Development in regard to an application for planning permission to amend condition 18A attached to the planning consent reference 921364 for gravel extraction at Rothes Glen Quarry, Glen of Rothes for Speyside Sand and Gravel Quarries Limited.
DECIDED:-
(i) that the Director of Planning and Development be granted delegated powers to approve the amendment of condition 18A attached to the planning consent reference 921364 for gravel extraction at Rothes Glen Quarry, Glen of Rothes for Speyside Sand and Gravel Quarries Limited subject to any conditions required by the Divisional Roads Surveyor;
(ii) that the Enforcement Officer investigate what matters remained outstanding relating to the implementation of planning consent no. 921364 and all those regarding access should be implemented prior to the issuing of the consent for application no. 940790 unless the conditions attached at the recommendation of the Divisional Roads Surveyor were more onerous and superceded those imposed on the original planning consent; and
(iii) that a further report be placed before the next meeting of this Committee detailing the outcome of the Enforcement Officer's findings.
Councillor Smith left the meeting at this juncture.
GLENLIVET - NO. 18 WARD
Applications noted as approved under delegated powers
(151) 940096 Erect a dwellinghouse, garage and workshop at Glack, Dufftown for Mr. and Mrs D. Clark
(152) 940425 OPA to erect a single dwellinghouse and garage at Conglass Lane, Tomintoul, Ballindalloch for The Crown Estate Commissioners
(153) 940479 Convert former Mill building to dwellinghouse at Old Ellick Farm, Tomintoul for Mr. and Mrs. N. Hall 931
(154) 940755 Proposed bonded warehouse no. 42 Balvenie Distillery, Dufftown for Messrs. Wm Grant & Sons International Ltd
(155) 940819 Enlarge a house and construct a garage and oil tank at Station House, Cragganmore, Ballindalloch for Mr. M.F. Grant
(156) 940823 Proposed new access bridge and viewing gallery to warehouse at No. 1, Glenfiddoch Distillery, Dufftown for Messrs. Wm Grant & Sons Ltd
(157) 940849 Erect a domestic garage at Tullich Cottage, Dufftown for Mr. D. Gambles
Applications approved subject to conditions
Application numbers 940619 and 940663 were considered together with the approval of the Committee
(158) 940619 Extension and alterations to dwellinghouse at 47 Fife Street, Dufftown for Mr. M. Reid
(159) 940663 Listed Building Consent to extend and alter dwellinghouse at 47 Fife Street, Dufftown for Mr. M. Reid
SUBMITTED:- Reports by the Director of Planning and development recommending that Listed Building Consent and planning permission for an extension and alterations to dwellinghouse at 47 Fife Street, Dufftown for Mr. M. Reid be granted subject to conditions.
DECIDED:- That Listed Building Consent and 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 new section of walling to the front of the property shall be finished with natural stone coursed and pointed to match the existing wall; and
(iv) the windows to the property shall be sub-divided with a central transome.
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.
During discussion of this item the meeting noted that the application required to be referred to Historic Scotland. 932
Application deferred
(160) 940683 Provide parking for 33 cars and 4 buses at 36/37 Main Street, Tomintoul for Grampian Regional Council
SUBMITTED:- A report by the Director of Planning and Development recommending that he be granted delegated powers to approve an application to provide parking for 33 cars and 4 buses at 36/37 Main Street, Tomintoul for Grampian Regional Council
DECIDED:- That the Committee are minded to grant the Director of Planning and Development delegated powers to approve planning permission for a development to provide parking for 32 cars and 4 buses at 36/37 Main Street, Tomintoul for Grampian Regional Council subject to the outcome of a public hearing with the objectors in terms of the provision of PAN41.
Application approved
(161) 940701 Proposed development of ground for semi-detached housing to the rear of properties 47-47A Fife Street, Dufftown for Mr. M.R. Reid (outline)
SUBMITTED:- A report by the Director of Planning and Development recommending the refusal of planning permission for the proposed development of ground for semi-detached housing to the rear of properties 47-47A Fife Street, Dufftown for Mr. M.R. Reid (outline)
Following discussion Councillor Mrs. Scott, seconded by Councillor Howe, moved that the application be approved subject to the development being of modest one and a half storey scale compatible with the character of the area.
There being no-one otherwise minded the motion became the finding of the meeting.
DECIDED:- That planning permission be granted for semi-detached housing to the rear of properties 47-47A Fife Street, Dufftown for Mr. M.R. Reid (outline) subject to the development being of modest one and a half storey scale compatible with the character of the area.
8. CAPITAL EXPENDITURE - MONITORING STATEMENT
SUBMITTED:- A report by the Director of Planning and Development giving details of the capital expenditure incurred on the planning account for the year to 31st March, 1995.
DECIDED:-
(i) That the contents of this report be noted; and
(ii) That the Director of Planning and Development endeavour to ensure that budgeted expenditure on the Elgin Town Centre Environmental Improvements/Pedestrianisation is incurred within the current financial year.
9. DRAFT CAPITAL PLAN 1995/96 TO 1998/99 933
SUBMITTED:- A report by the Director of Planning and Development outlining a number of projects to be included within the draft Capital Plan for the years 1995/96 to 1998/99 and recommending that the Committee endorse these proposals and recommend their inclusion to the Policy and Resources Committee.
DECIDED:-
(i) That the Committee endorse the proposals contained within the report for projects to be included within the Capital Plan for the years 1995/96 to 1998/99 and that these be recommended to the next meeting of the Policy and Resources Committee for inclusion in the draft Capital Plan 1995/96 to 1998/99 for submission to the Scottish Office; and
(ii) That the Depute Director of Finance review the format adopted for the draft Capital Plan with a view to making it more easily legible in future years.
10. PRIVATE ROADS PROGRAMME
SUBMITTED:- A report by the Director of Planning and Development listing a number of proposed projects to be included within the Private Roads Programme for the period 1994/95 together with a supplementary report by the Director giving details of the anticipated costs of the schemes likely to be within the upper cost limit for such schemes previously adopted by this Committee in September, 1993.
DECIDED:-
(i) That the Committee agree to the removal of the schemes for Bogmoor; Ashgrove Cottages, Elgin; Moir Street, Alves and The War Memorial Path, Forres from the list of proposed schemes to be undertaken at this time and that competitive tenders be invited for the remaining costed schemes;
(ii) That the deleted schemes be held on a "reserve list" and be resubmitted for further consideration should there be slippage in undertaking any of the remaining schemes;
(iii) That the remaining schemes on the reserve list be resubmitted for consideration in the 1995/96 programme;
(iv) That surveys to cost the schemes for Dunbar Lane, Burghead and Auldich Road, Glenlivet be carried out with a view to placing them within the programme for 1995/96 or undertaking them earlier if slippage occurs; and
(v) That the Director of Planning and Development in consultation with the Director of Community Services examine the roadway leading from the District Council recycling centre at Moycroft to the adjacent Tyock Industrial Estate and report on what measures were required for its upgrading and their anticipated costs.
11. ADVICE TO PUBLIC ON THE NEED TO SUBMIT A FORMAL PLANNNG APPLICATION
SUBMITTED:- A report by the Director of Planning and Development requesting the Committee's comments regarding a leaflet designed to assist members of the public in determining whether or not proposed developments require the submission of a formal planning application for developments.
DECIDED:-
(i) That the draft leaflet be approved in principle subject to the substitution of a more easily understood term for "determination" in the phrase "a guide to informal determination";
(ii) That the draft leaflet be circulated to all members for comments; and
(iii) That the draft leaflet be amended in light of the comments received and thereafter resubmitted to the next meeting of the Committee.
12. ELGIN INITIATIVE - REPRESENTATION BY MORAY DISTRICT COUNCIL
SUBMITTED:- A report by the Director of Planning and Development advising the Committee of a request from Mr. G. Johnston, Chairman of the Elgin Initiative, that the District Council be represented at future meetings of the Elgin Initiative. The report recommended that the District Council be represented by a Member of the Planning and Development Committee and the Director of Planning and Development, or his nominee, together with an officer of another Department of the District Council depending on the agenda for any meeting of the Initiative.
DECIDED:- That the District Council be represented at future meetings of the Elgin Initiative by Councillor Proctor and the Director of Planning and Development or his nominee and that other officers of the Authority also attend as might be appropriate by reference to the agenda for any meeting of the Initiative.
13. LAND AT COULARDBANK, LOSSIEMOUTH: MINISTRY OF DEFENCE HOUSING
SUBMITTED:- A report by the Director of Planning and Development advising Members of the decision of the Moray Housing Committee on 25 May, 1994 (para. 24(iii) refers) to agree in principle to the request from the Ministry of Defence to exchange RAF housing at Hythehill, Lossiemouth in return for approximately 9 acres of undeveloped ground at Coulardbank currently in the ownership of the District Council and to recommend that the Planning and Development Committee agree that future industrial development be directed to Shore Street, Lossiemouth. The report by the Director of Planning and Development considered the implications of complying with the Moray Housing Committee's recommendation and recommend that the Moray Housing Committee that in respect of the supply of industrial land and lack of acceptable or available alternative industrial sites in or around Lossiemouth, the Ministry of Defence proposal be rejected.
DECIDED:-
(i) That the Moray District Housing Committee be recommended that the Ministry of Defence proposal to exchange RAF housing at Hythehill, Lossiemouth in return for approximately 9 acres of undeveloped ground at Coulardbank was not acceptable and that the industrial allocation at Coulardbank be retained; and
(ii) That the Estate Surveyor undertake a further investigation into the potential for the designation of further industrial sites within Lossiemouth with particular reference to possible areas in and around Shore Street.
14. FINDHORN BAY PROPOSED LOCAL NATURE RESERVE
SUBMITTED:- A report by the Director of Planning and Development advising the Committee of current developments in regard to the designation of the Findhorn Bay as a Local Nature Reserve and recommending that the Committee approve the designation and implement the proposed by- laws and management rules as detailed in the report.
DECIDED:- That consideration of the possible designation of Findhorn Bay as a Local Nature Reserve be deferred to the next meeting of this Committee in the absence of Councillor Swanson, the Chairman of the Findhorn Bay Steering Group;
Councillor Mrs Scott and Councillor Howe left the meeting at this juncture. 15. ROADSIDE SIGNS WORKING PARTY
SUBMITTED:- A report by the Director of Planning and Development advising the Committee of the current progress made by the Roadside Signs Working Party and the approach which it was intended to make to the Scottish Office to allow for small and medium sized businesses to be signed without compromising the landscape quality or the safety of road users.
DECIDED:- That the contents of this report be noted
16. DEVELOPMENT BRIEF: GRANTOWN ROAD/MANNACHIE ROAD, FORRES 945
SUBMITTED:- A report by the Director of Planning and Development outlining the terms of a proposed Development Brief for a phased housing development adjacent to Grantown Road, Mannachie Road, Forres and recommending that the Committee approve the terms of the Development Brief for its interests as Planning Authority, and refer the Brief thereafter to the Leisure and Libraries Committee for their interest in the formation and future maintenance of a public park within the development.
DECIDED:-
(i) That the terms of the draft Development Brief be approved subject to para. 4.5 being amended to provide a requirement for the play area to be suitably surfaced to an approved British Safety standard;
(ii) That the Development Brief be referred thereafter to the Leisure and Libraries Committee for its interest in the formation and future maintenance of the proposed public park.
17. REQUEST FOR FINANCIAL ASSISTANCE: BALLOCH TRUST, KEITH
SUBMITTED:- A report by the Director of Planning and Development advising the Committee of a request for financial assistance received from the Balloch Trust, Keith and recommending that a rental grant of £2,500 be awarded to the Trust in respect of the Balloch Road Depot and a further £2,000 be allocated as core funding to be met from the budgeted allocation within the Planning and Development Revenue Budget for support to the Trust.
DECIDED:-
(i) That a rental grant of £2,500 be awarded to the Balloch Trust; and
(ii) That £2,000 core funding also be granted to be met from the budget allocation within the Planning and Development Revenue Budget for support to the Balloch Trust.
18. REQUEST FOR FINANCIAL ASSISTANCE: HOSPITALITY TRAINING
SUBMITTED:- A report by the Director of Planning and Development advising the Committee of a request for financial assistance received from Hospitality Training and recommending that no financial assistance be offered.
DECIDED:- That no financial assistance be offered to Hospitality Training on the grounds of low local demand for their services and potential conflict with private sector training providers.
19. SCOTTISH RIGHTS OF WAY SOCIETY: RENEWAL OF CORPORATE MEMBERSHIP
SUBMITTED:- A report by the Director of Administration and Law requesting that the Committee consider the renewal of the District Council's corporate membership to the Scottish Rights of Way Society at a cost of £60 for the financial year 1994/95.
DECIDED:- That the District Council's corporate membership to the Scottish Rights of Way Society be renewed at a cost of £60 for the financial year 1994/95.
20. PLANNING APPLICATION NUMBER 930444 - 22 NORTH DESKFORD STREET, CULLEN - ADVICE TENDERED TO COMMITTEE
SUBMITTED:- A report by the Director of Planning and Development advising the Committee of circumstances surrounding the determination of planning application number 930444 - 22 North Deskford Street, Cullen and requesting that the Committee accept his apologies for any confusion which may have arisen. 945
DECIDED:- That the report be noted.
21. BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST - APPLICATIONS FOR GRANT
SUBMITTED:- Reports by the Director of Planning and Development regarding applications for grants in respect of buildings of special architectural or historic interest.
DECIDED:-
(i) That Civic Amenity Grants be awarded as follows:-
Applicant Property Grant
Mr. Ian C. Hall 13/15 North Castle Street, Cullen £ 260.00
Mr. and Mrs Philips 47 Seatown, Cullen £ 641.00
Mr. S. Argo 20/22 Commercial Street, Findochty £9,100.37
Mr. and Mrs. Pirie 24 Harbour Place, Portknockie £2,650.00
W.G. Slater 12 Park Street, Portknockie £ 370.00
Mr. Hemmings Letterfourie Walled Garden £ 300.00
Mrs. T. Oliver-Hardy Loch-na-bo Croft £ 500.00
Trustees of Late Mr. R. Coxton Tower, near Lhanbryde £ 705.00 Christie
Miss D. Jack 8 Reidhaven Square, Keith £ 210.00
Mr. G Munro 161 Findhorn £1,500.00
Ms. S. Kellock 100B High Street, Elgin £ 650.00
Mr. MacDonald Byres Farmhouse, Spey Bay £2,000.00
22. PLANNING APPEALS
(a) Determination of Appeal
SUBMITTED:- A report by the Director of Administration and Law that the following appeals to the Secretary of State for Scotland against decisions of this Committee to refuse applications for planning permission had been determined as follows:-
Appellant(s) Proposed Development Decision
British Red Cross Society Paint the stonework cream at 138 High Street, Forres Dismissed
Mr. W. Jenkins Erect a dwellinghouse on the site of 3 lock up garages Dismissed to the rear of 31A Commerce Street, Lossiemouth
DECIDED:- That the report be noted. 945
(b) Intimation of Appeals
SUBMITTED:- A report by the Director of Administration and Law advising of the following appeal which had been lodged with the Secretary of State for Scotland against refusal of planning permission;
Appellant(s) Proposed Development
Robertson Residential Erection of 3 dwellinghouses with detached garages at Drumduan Road, Forres
DECIDED:- That the report be noted and that the outcome of the appeal be intimated once it had been determined by the Secretary of State for Scotland;
23. LAND AND PROPERTY - TRANSACTIONS AND MANAGEMENT (paras. 8 & 9)
SUBMITTED:- Reports by the Estates Surveyor and Assistant Estates Surveyor regarding a number of matters relating to land and property transactions and management.
DECIDED:-
(i) The recommendations in respect of the following property transactions be accepted:-
Name Details/Property/Location
Mr. A. McKinnon t/a Almac Print Unit 10 Tyock Industrial Estate, Elgin - Proposed Rent Review Limited Mr. D.C. Brooke t/a Elgin Hosiery 24 Tyock Industrial Estate, Elgin - Proposed Rent Review Company
Mr. A. Reid t/a Thistle Plant Unit 12 Pinefield Parade, Pinefield Industrial Estate - Proposed Lease
Mr. J. Fraser t/a The Buckie Body Site 7 March Road Industrial Estate, Buckie - Proposed Rent Shop Review
24. M PHIL IN HISTORIC ARCHITECTURAL STUDIES, ROBERT GORDON UNIVERSITY
SUBMITTED:- A report by the Director of Planning and Development requesting that Mr. N. Brown the Senior Conservation Assistant in the Conservation Section of the Department of Planning and Development be authorised to transfer from the course previously approved by the Committee in September, 1993 leading to a Master of Literature Degree in Historic Architectural Studies to on leading to a Master of Philosophy Degree in Historic Architectural Studies.
DECIDED:- That Mr. N. Brown, Senior Conservation Assistant in the Conservation Section of the Department of Planning and Development be permitted to transfer to the three year part-time Master of Philosophy course in Historic Architectural Studies under the same terms as previously approved for the two year Master of Literature course.
25. MICROFILMING AND DEVELOPMENT CONTROL RECORDS 94 BUDGET
SUBMITTED:- A report by the Director of Planning and Development advising the Committee of the tenders received for microfilming Development Control records in the current financial year and recommending that the lowest tender, that from Rockall, be accepted. 945
DECIDED:- That the tender from Rockall at £9,230 be accepted.
26. OUTSTANDING ENFORCEMENT CASES - MONITORING SCHEDULE
SUBMITTED:- A report by the Director of Planning and Development in regard to the monitoring of outstanding enforcement cases.
DECIDED:- That the report be noted subject to the deletion of any further measures in respect of the Oldmill Caravan Site, Brodie.
27. BREACH OF PLANNING CONTROL: 64-66 NORTH STREET, BISHOPMILL, ELGIN
SUBMITTED:- A report by the Director of Planning and Development advising the Committee of recent developments in regard to a breach of planning control at 64-66 North Street, Bishopmill, Elgin and recommending that action taken to date in this regard be homologated and that authority be granted to the Director of Planning and Development, in consultation with the Director of Administration and Law, to authorise further legal measures to be taken should this be required.
DECIDED:-
(i) That the action taken to date in regard to the planning breach at 64-66 North Street, Elgin be homologated; and
(ii) That the Director of Planning and Development, in consultation with the Director of Administration and Law, be authorised to initiate further legal proceedings should this be required.
28. PROPOSED BUSINESS SHOP: MORAY BADENOCH AND STRATHSPEY ENTERPRISE COMPANY
SUBMITTED:- A report by the Director of Planning and Development advising the Committee of current progress in regard to the proposal by the Moray Badenoch and Strathspey Enterprise Company for the establishment of a proposed Business Shop in Elgin. The report advised that whilst Scottish Enterprise would meet the "setting-up" costs, the Enterprise Company wished the District Council and Grampian Regional Council to share the day-to-day running costs with it. It was noted that the offer of funding was not "open-ended" and that therefore the Enterprise Company wished to accept it at this time and had sought an assurance from the District Council and Grampian Regional Council that a decision to do so would not prejudice the current discussions on the question of partnership funding for the annual running costs.
DECIDED:- That the District Council advise the Moray Badenoch and Strathspey Enterprise Company that whilst the District Council did not oppose its proposals to proceed, at this time, with the establishment of the proposed Business Shop, the District Council reserved its position at this time as regards its participation in the venture until further details regarding the day-to-day operations of the Business Shop and the expected financial contributions required from the District Council were known.
29. OFFICE AND DEPOT MOSSTODLOCH INDUSTRIAL ESTATE - R & C MURRAY
SUBMITTED:- A report by the Estate Surveyor advising the Committee of his negotiations with R. & C. Murray for the sale to them of the office and depot which they currently occupied at the Mosstodloch Industrial Estate.
DECIDED:-
(i) That the Committee recommend to the Policy and Resources Committee that the premises be sold to Messrs R. & C. Murray; and 945
(ii) That in the interim further discussions be held with R. & C. Murray regarding the selling price and the requirement that as a condition of a sale they should assume responsibility for meeting a share of the costs of maintaining the access road and of making good any incidental flooding damage.
30. CLOSE OF BUSINESS
There being no other business the Chairman declared the meeting closed at 4.00 p.m.