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21St September, 1994 in a Meeting of the Planning and Development

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21St September, 1994 in a Meeting of the Planning and Development 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.
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