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ANGUS COUNCIL

MINUTE of MEETING of the DEVELOPMENT CONTROL COMMITTEE held in the Town and County Hall, on Thursday 10 August 2006 at 10.00 am.

Present: Councillors FRANK ELLIS, IAIN GAUL, ALEX KING, THE HON R J LESLIE MELVILLE MBE, HELEN OSWALD, DAVID SELFRIDGE, RICHARD SPEIRS and ROBERT SPINK.

Apology: An apology for absence was intimated on behalf of Councillor STEWART McGLYNN.

Councillor ELLIS, Vice Convener, in the Chair.

1. DECLARATIONS OF INTEREST/INTIMATIONS OF CONTACT

In terms of the Councillor’s Code of Conduct, and the Council’s Good Practice Guidelines, the undernoted declarations of interest/intimations of contact were made:-

• Councillor Ellis indicated that, in relation item 13, application No 06/00886/FUL, the objector had several business interests in Angus, two of which were in relation to housing issues and planning issues and often had contact with him and officers. He intimated that he would be taking part in the consideration of the application. He also advised that, in relation to item 22, application No 06/00944/FUL, the applicant had contacted him regarding the procedure and protocol of the meeting. He advised that he would be taking part in the consideration of the application.

• Councillor Leslie Melville advised that, in relation to item 8, application No 06/00749/FUL, she had met on-site with a Planning Officer. She advised that she would be taking part in consideration of the application. She also intimated that, in relation to item 10, application No 06/00188/FUL, the applicant's company sponsored the Art Centre. She intimated that she would be taking part in the consideration of the application.

2. MINUTES OF PREVIOUS MEETINGS

The minutes of meetings of this Committee of 25 May, 13 June and 15 June 2006 were submitted, approved as correct records and signed by the Convener.

3. BUILDING WARRANTS

The Committee noted that, during the period 5 June - 28 July 2006, a total of 3 Demolition Warrants, 4 Staged Warrants, 41 amendments to Warrants and 236 Building Warrants had been approved with an estimated cost of £11,648,961.

PLANNING APPLICATIONS

4. DELEGATED APPROVALS

There was submitted Report No 893/06 by the Director of Infrastructure Services detailing applications granted by him in accordance with the Scheme of Delegation appended to Standing Orders.

The Committee agreed to note the 254 applications detailed in the Appendix to the Report granted under delegated powers during the period 7 June – 1 August 2006.

5. 44 MILLFIELD PLACE,

There was submitted Report No 895/06 by the Director of Infrastructure Services detailing application No 06/00852/FUL by Mr D Anderson for the erection of a garage at 44 Millfield Place, Arbroath. The application was recommended for approval.

Slides were shown and Mrs Richardson and Mr Smith, objectors, followed by Mrs Anderson, the applicant, addressed the meeting.

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

Additional Conditions

6. That the garage window shall comprise of opaque/obscured glazing.

Reason:-

In the interests of residential amenity.

7. That design of the garage is hereby not approved. Amended plans showing the overall height of the garage reduced to no more than 3.65 metres shall be submitted to and approved in writing by the planning authority and shall be implemented thereafter in accordance with approved details.

Reason:-

In the interests of residential amenity.

6. COONAWARRA, MILTON OF CONNON, , ARBROATH

There was submitted Report No 896/06 by the Director of Infrastructure Services detailing application No 06/00902/FUL by Mr and Mrs White for the extension to a dwellinghouse at Coonawarra, Milton of Connon, Carmyllie, Arbroath.

The Committee noted that the applicant had withdrawn the application.

7. 6 DUKE STREET, BRECHIN

There was submitted Report No 897/06 by the Director of Infrastructure Services detailing application No 06/00926/FUL by Mr and Mrs Robertson for the erection of a summer house and studio at 6 Duke Street, Brechin. The application was recommended for approval.

Slides were shown and Mr Hutchison, an objector and Mrs Robertson, the applicant, addressed the meeting. Mr Hutchison circulated a photograph of his garden.

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

8. SITE AT COOKSTON FARMHOUSE, COOKSTON ROAD, BRECHIN

There was submitted Report No 898/06 by the Director of Infrastructure Services detailing application No 06/00749/FUL by Mr and Mrs Robertson for the erection of two dwellinghouses on a site at Cookston Farmhouse, Cookston Road, Brechin. The application was recommended for refusal.

Slides were shown and Pam Smith, the applicant’s agent, addressed the meeting.

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

COUNCILLOR LESLIE MELVILLE, SECONDED BY COUNCILLOR SPEIRS, MOVED AS AN AMENDMENT, THAT THE APPLICATION BE APPROVED AS THE PROPOSAL WAS NOT CONTRARY TO THE DEVELOPMENT PLAN (NAMELY, POLICIES ENV 5, ENV 30 AND H5 OF THE ADOPTED ANGUS LOCAL PLAN 2000) AND WOULD NOT RESULT IN "SITE CRAMMING" NOR BE UNACCEPTABLY DETRIMENTAL TO EXISTING VISUAL OR RESIDENTIAL AMENITY.

On a vote being taken, the members voted:-

For the motion:-

Councillors Ellis, King and Selfridge (3).

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For the amendment:-

Councillors Gaul, Leslie Melville, Oswald, Speirs and Spink (5).

The amendment was declared carried, resulting in the application being approved, subject to conditions as agreed by the Director of Infrastructure Services.

9. WASHINGDALES FARM STEADING, , FORFAR

There was submitted Report No 899/06 by the Director of Infrastructure Services detailing application No 06/00871/FUL by Mr and Mrs Bruce for the conversion of the existing steading buildings to form three dwellinghouses on land at Washingdales Farm, Kincaldrum. The application was recommended for approval.

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

10. LAND AT TOBEES FARM, JUSTINHAUGH

There was submitted Report No 900/06 by the Director of Infrastructure Services detailing application No 06/00188/FUL by Mr B Stott for the erection of a large country house on land at Tobees Farm, Justinhaugh. The application was recommended for refusal.

Slides were shown and Karen Clark, the applicant's agent, addressed the meeting.

The Committee unanimously agreed to approve the principle of the development because members considered that the proposal was not contrary to policies H8 or H9 of the adopted Angus Local Plan 2000, being on a self-contained site, with a sufficiently established landscaped setting and of sufficient design quality; and the unique nature of the development was a material consideration justifying departure from normal minimum plot size for a category 2 RSU in terms of policy H8.

THEREAFTER COUNCILLOR KING, SECONDED BY COUNCILLOR SELFRIDGE, MOVED THAT THE APPLICATION BE APPROVED, SUBJECT TO:

(I) THE APPLICANT SIGNING A SECTION 75 AGREEMENT LIMITING THE DEVELOPMENT OF THE LAND IN HIS OWNERSHIP OR CONTROL TO THE DWELLINGHOUSE APPROVED IN TERMS OF THIS APPLICATION;

(II) THE APPLICANT SUBMITTING TO THIS COMMITTEE A REVIEWED DESIGN (AGREED AS FAR AS POSSIBLE BETWEEN THE APPLICANT AND THE HEAD OF PLANNING AND TRANSPORT); AND

(III) THE COMMITTEE APPROVING AN APPROPRIATE CONDITION REQUIRING THE IMPLEMENTATION OF A LANDSCAPING PLAN.

Councillor Gaul, seconded by Councillor Oswald, moved as an amendment, in similar terms of the motion, but with the omission of (II).

On a vote being taken, the members voted:-

For the motion:-

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

For the amendment:-

Councillors Gaul, Oswald and Spink (3).

No vote:-

Councillor Ellis (1).

The motion was declared carried resulting in the application being approved, subject to the matters contained in the successful motion.

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11. 5 ALBION PLACE, FORFAR

There was submitted Report No 901/06 by the Director of Infrastructure Services detailing application Nos 06/00717/FUL and 06/00718/LBC by George Milne for the replacement of stone slates with Welsh slates at 5 Albion Place, Forfar. The application was recommended for approval.

Slides were shown.

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

12. LAND AT LOCHHEAD FARM, ARBROATH ROAD, FORFAR

There was submitted Report No 902/06 by the Director of Infrastructure Services detailing application No 06/00802/OUT by Mr Alan Hay for the erection of a dwellinghouse on land at Lochhead Farm, Arbroath Road, Forfar. The application was recommended for approval.

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

13. 24 STRANGS LEY, FORFAR

There was submitted Report No 903/06 by the Director of Infrastructure Services detailing application No 06/00886/FUL by Mr and Mrs Boyd for the extension to a dwellinghouse at 24 Strangs Ley, Forfar. The application was recommended for approval.

Slides were shown and Mr Allen, an objector, addressed the meeting.

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

14. BEECHIE HOUSE, 94 ROAD,

There was submitted Report No 904/06 by the Director of Infrastructure Services detailing application No 06/00606/FUL by Storyville House Residential Home for alterations, extension and change of use from dwellinghouse to residential home at Beechie House, 94 Glamis Road, Kirriemuir. The application was recommended for refusal.

Slides were shown and Mr Sinclair, the applicant's architect and Mr Dow, the applicant, addressed the meeting.

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

15. 12 HUME STREET, MONTROSE

There was submitted Report No 907/06 by the Director of Infrastructure Services detailing application No 06/00456/FUL by the Gala Group for the formation of a new doorway and construction of an external courtyard at 12 Hume Street, Montrose. The application was recommended for refusal.

Slides were shown.

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

16. 25 BEECHGROVE,

There was submitted Report No 909/06 by the Director of Infrastructure Services detailing application No 06/00915/FUL by Mrs M Bond for the erection of a conservatory at 25 Beechgrove, Monifieth. The application was recommended for approval.

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

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17. 42 GUTHRIE STREET,

There was submitted Report No 910/06 by the Director of Infrastructure Services detailing application No 06/00897/FUL by Mrs McLaughlin for the extension to a dwellinghouse at 42 Guthrie Street, Friockheim.

The Committee noted that the applicant had withdrawn the application.

18. LAND AT 7 HOLDINGS,

There was submitted Report No 913/06 by the Director of Infrastructure Services detailing application No 06/00946/OUT by Mrs G Sturrock for the outline erection of a dwellinghouse on land at 7 Holdings, Tealing. The application was recommended for refusal.

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

19. LAND AT STRATHDECHTYN, BRIDGEFOOT

There was submitted Report No 914/06 by the Director of Infrastructure Services detailing application No 06/00530/FUL by Mr and Mrs Scott for the change of use of a garage to form a tack shop on land at Strathdechtyn, Bridgefoot. The application was recommended for approval.

Slides were shown.

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

20. LAND AT BLAIRFIELD, BLAIRFIELD ROAD, BIRKHILL

There was submitted Report No 915/06 by the Director of Infrastructure Services detailing application No 06/00813/OUT by Mr A Webster for the erection of a dwellinghouse on land at Blairfield, Blairfield Road, Birkhill. The application was recommended for refusal.

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

COUNCILLOR ELLIS, SECONDED BY COUNCILLOR KING, MOVED THAT THE APPLICATION BE APPROVED, SUBJECT TO THE APPLICANT SIGNING A SECTION 75 AGREEMENT LIMITING THE DEVELOPMENT OF THE LAND IN HIS OWNERSHIP OR CONTROL TO THE SINGLE DWELLINGHOUSE APPROVED IN TERMS OF THIS APPLICATION, AND CONDITIONS TO BE DETERMINED BY THE HEAD OF PLANNING AND TRANSPORT.

COUNCILLOR ELLIS STATED THAT, IF APPROVED, THE REASON FOR DEPARTURE FROM THE DEVELOPMENT PLAN WAS THAT THE DEVELOPMENT AMOUNTED TO A ROUNDING OFF AND A CONSOLIDATION ON A BROWNFIELD SITE ON THE EDGE OF THE SETTLEMENT OF BIRKHILL, ALBEIT OUTWITH THE DEVELOPMENT BOUNDARY, AND WAS A SUITABLE USE FOR THE PARTICULAR SITE AND COMPATIBLE WITH SURROUNDING LAND USES.

Councillor Selfridge, seconded by Councillor Spink, moved as an amendment, that the application be refused for the reasons detailed in the Report.

On a vote being taken, the members voted:-

For the motion:-

Councillors Ellis, Gaul, King and Speirs (4).

For the amendment:-

Councillors Leslie Melville, Oswald, Selfridge and Spink (4).

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There being an equality of votes, the Vice-Convener exercised his casting vote in favour of the motion, which was declared carried, resulting in the application being approved, subject to the applicant signing a Section 75 Agreement and to conditions recommended by the Head of Planning and Transport.

21. 70 BROOMWELL GARDENS,

There was submitted Report No 916/06 by the Director of Infrastructure Services detailing application No 06/00855/FUL by Mr and Mrs Gibb for the alterations and extension to a dwellinghouse at 70 Broomwell Gardens, Monikie. The application was recommended for approval.

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

22. LEARMONTH HOUSE, 25 CHURCH ROAD, LIFF

There was submitted Report No 918/06 by the Director of Infrastructure Services detailing application No 06/00944/FUL by Mr and Mrs R J C Watt for the extension to a dwellinghouse at Learmonth House, 25 Church Road, Liff, Dundee. The application was recommended for approval.

Slides were shown and Mr Reid, the applicant’s architect, addressed the meeting.

Councillor Ellis, seconded by Councillor Selfridge, moved that the application be approved as detailed in the Report.

COUNCILLOR KING, SECONDED BY COUNCILLOR SPINK, MOVED AS AN AMENDMENT, THAT THE APPLICATION BE REFUSED AS IT DID NOT COMPLY WITH ADVICE NOTE 19 AND POLICY H24 OF THE ADOPTED ANGUS LOCAL PLAN, 2000, IN THAT THE DEVELOPMENT WOULD BE INCONGRUOUS TO THE EXISTING STREET SCENE, BECAUSE THE EXTENSION WOULD EXCEED THE RIDGE HEIGHT OF THE EXISTING ROOF, AND WOULD BE A FULL TWO STOREY EXTENSION TO THE EXISTING SINGLE STOREY HOUSE, AND THERE WAS NO MATERIAL CONSIDERATION TO JUSTIFY DEPARTURE FROM THE DEVELOPMENT PLAN.

On a vote being taken, the members voted:-

For the motion:-

Councillors Ellis and Selfridge (2).

For the amendment:-

Councillors Gaul, King, Leslie Melville, Oswald, Speirs and Spink (6).

The amendment was declared carried resulting in the application being refused for the reasons detailed above.

23. LAND AT IDVIES SYKE, IDVIES, LETHAM

There was submitted Report No 912/06 by the Director of Infrastructure Services detailing application No 06/00615/FUL by Mr and Mrs B Anderson for the erection of a dwellinghouse on land at Idvies Syke, Idvies, Letham. The application was recommended for refusal.

Slides were shown and Mr McLean, the objector's agent and Mr Hynd, the applicant’s agent, addressed the meeting.

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

Thereafter the meeting was adjourned and reconvened at 6.00 pm.

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Present: Councillors FRANK ELLIS, JOHN HENDERSON, ALEX KING, THE HON R J LESLIE MELVILLE MBE, DAVID LUMGAIR, HELEN OSWALD, RICHARD SPEIRS and ROBERT SPINK.

Apologies: Apologies for absence were intimated on behalf of Councillors STEWART McGLYNN, IAIN GAUL and DAVID SELFRIDGE.

Councillor ELLIS, Vice Convener, in the Chair.

24. DECLARATIONS OF INTEREST/INTIMATIONS OF CONTACT

The Committee agreed to note that there were no declarations of interest or intimations of contact.

25. THE COMMERCIAL INN, 13A OLD SHOREHEAD, ARBROATH

There was submitted Report No 919/06 by the Director of Infrastructure Services detailing application No 06/00609/FUL by Mrs Christine Smith for the change of use from garden ground to beer garden and erection of a canopy and alterations to licensed premises at the Commercial Inn, 13A Old Shorehead, Arbroath. The application was recommended for approval.

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

5. That the French doors indicated on the east elevation are not approved and shall be replaced with windows, the details of which shall be submitted to and approved by the planning authority prior to the commencement of any works on site. Thereafter the said windows shall be installed in accordance with the approved plans.

Reason for condition

To ensure that noise from the public house does not result in an undue loss of amenity in surrounding dwellings.

26. LAND AT CLIFFBURN HOTEL, CLIFFBURN ROAD, ARBROATH

There was submitted Report No 920/06 by the Director of Infrastructure Services detailing application No 05/01790/FUL by Fraser Ogston for the erection of five dwellinghouses on land at Cliffburn Hotel, Cliffburn Road, Arbroath. The application was recommended for approval.

Slides were shown.

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

27. SEAFORTH HOTEL, DUNDEE ROAD, ARBROATH

There was submitted Report No 921/06 by the Director of Infrastructure Services detailing application No 06/00356/FUL by Seaforth Investments Limited for the redevelopment of the Seaforth Hotel site to form 51 flats at Dundee Road, Arbroath.

The Committee noted that the applicant had withdrawn the application.

Councillor Ellis advised that, in relation to the fire at the Seaforth Hotel in Arbroath on 9 August 2006, its source and cause were still unknown. He expressed his concern that such a prominent landmark building had been so severely damaged, and intimated that members would be kept informed of any news about the state of the building and how this might impact on any subsequent planning applications.

Councillors King and Spink were heard in relation to the fire at the Seaforth, thereafter members noted the position.

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Councillor King asked that a report be submitted to the Committee on the structural integrity of the building and options for the future use of the site, as soon as possible, and the Committee agreed to his request.

28. BEAREHILL/ROSEHILL, CASTLE STREET, BRECHIN

There was submitted Report No 923/06 by the Director of Infrastructure Services detailing application No 06/00459/FUL by A & J Stephen Limited for the erection of a housing development (amendment to house types on plots 1, 2 and 4 to 34 inclusive) on land at Bearehill/Rosehill, Castle Street, Brechin . The application was recommended for approval.

Slides were shown.

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

29. MERCURY EARTH STATION, BRECHIN

There was submitted Report No 924/06 by the Director of Infrastructure Services detailing application No 06/00432/FUL by Cable & Wireless UK for the relocation and enlargement of an antenna at Mercury Earth Station, Brechin. The application was recommended for approval.

Slides were shown.

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

30. LAND AT FARM ROAD,

There was submitted Report No 925/06 by the Director of Infrastructure Services detailing application No 06/00750/FUL by Mr and Mrs MacKenzie for the erection of five dwellinghouses on land at Carlogie Farm Road, Carnoustie.

The Committee agreed to defer consideration of the application to allow the Head of Planning and Transport to clarify the position with regard to the objectors.

31. LAND ADJACENT TO KILBRECK, CARLOGIE ROAD, CARNOUSTIE

There was submitted Report No 926/06 by the Director of Infrastructure Services detailing application No 06/00768/FUL by Mr and Mrs MacKenzie for the erection of four dwellinghouses on land at Kilbreck, Carlogie Road, Carnoustie.

The Committee agreed to defer consideration of the application to allow the Head of Planning and Transport to clarify the position with regard to the objectors.

32. LAND AT FARM, EASSIE

There was submitted Report No 927/06 by the Director of Infrastructure Services detailing application No 06/00300/FUL by Webster Properties for the erection of five dwellinghouses on land at Eassie Farm, Eassie. The application was recommended for refusal.

Slides were shown.

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

33. 16 GREEN STREET, FORFAR

There was submitted Report No 928/06 by the Director of Infrastructure Services detailing application No 06/00878/FUL by Mr G McFarlane for the conversion of a church to form twelve flatted dwellings at 16 Green Street, Forfar. The application was recommended for approval

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

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34. LAND AT 2 RATTRAY STREET, MONIFIETH

There was submitted Report No 929/06 by the Director of Infrastructure Services detailing application No 06/00830/FUL by Mr and Mrs Knight for the erection of a dwellinghouse on land at 2 Rattray Street, Monifieth. The application was recommended for refusal.

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

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

35. 38-42 CASTLE STREET, MONTROSE

There was submitted Report No 930/06 by the Director of Infrastructure Services detailing application No 06/00469/FUL by Inverbrothock Homes for alterations to three flats and change of use from shop to one flat at 38-42 Castle Street, Montrose. The application was recommended for approval.

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

36. LAND AT EAST HEMMING STREET, LETHAM

With reference to Article 18 of the minute of meeting of this Committee of 26 May 2005, there was submitted Report No 931/06 by the Director of Infrastructure Services detailing application No 06/00634/REM by Guild Homes (Tayside) Limited for reserved matters consent in connection with the erection of forty dwellinghouses on land at East Hemming Street, Letham. The application was recommended for approval.

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

Councillor Ellis, seconded by Councillor King, moved that the application be approved as detailed in the Report.

COUNCILLOR LUMGAIR, SECONDED BY COUNCILLOR SPINK, MOVED AS AN AMENDMENT THAT THE APPLICATION BE APPROVED, AS DETAILED IN THE REPORT, SUBJECT TO THE LENGTH OF THE PEDESTRIAN FOOTPATH LEADING FROM THE DEVELOPMENT TO EAST BLAIRS ROAD, LETHAM BEING NOT APPROVED AND ALTERNATIVE LANDSCAPING DETAILS FOR THAT PART OF THE DEVELOPMENT BEING SUBMITTED TO THE HEAD OF PLANNING AND TRANSPORT FOR WRITTEN APPROVAL PRIOR TO COMMENCEMENT OF DEVELOPMENT AND THEREAFTER BE IMPLEMENTED AS SO APPROVED OR MODIFIED.

On a vote being taken, the members voted:-

For the motion:-

Councillors Ellis, Henderson and King (3).

For the amendment:-

Councillors Lumgair, Leslie Melville, Oswald, Speirs and Spink (5).

The amendment was declared carried resulting in the application being approved as detailed in the Report, subject to the footpath being deleted from the application as detailed above.

37. LAND ADJACENT TO 14 GUTHRIE STREET, LETHAM

There was submitted Report No 932/06 by the Director of Infrastructure Services detailing application No 06/00458/OUT by FM Construction for the erection of a residential development on land adjacent to 14 Guthrie Street, Letham. The application was recommended for approval.

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

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38. 11 BRAEHEAD ROAD, LETHAM

There was submitted Report No 933/06 by the Director of Infrastructure Services detailing application No 06/00531/FUL by Mr J G Mitchell for the change of use and alterations to a dwellinghouse to form a house in multiple occupation at 11 Braehead Road, Letham. The application was recommended for approval.

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

39. FIRTHMUIR OF BOYSACK, BY ARBROATH - PLANNING APPEAL DECISION -

With reference to Article 5 of the minute of meeting of this Committee of 16 June 2005, there was submitted Report No 934/06 by the Director of Infrastructure Services detailing the findings of the Reporter appointed by the Scottish Ministers to determine the appeal against the refusal of Angus Council to grant consent for the erection of the farmhouse at Firthmuir of Boysack, by Arbroath.

The Committee noted that the appeal had been dismissed.

40. ENFORCEMENT ACTION - PROGRESS

There was submitted Report No 935/06 by the Director of Infrastructure Services updating members on the progress of enforcement action previously agreed by the Committee.

After hearing the Head of Planning and Transport, the Committee agreed to note the contents of the Report.