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ANGUS COUNCIL

MINUTE of MEETING of the DEVELOPMENT CONTROL COMMITTEE held in the Town and County Hall, on Thursday 2 February 2006 at 10.00 am.

Present: Councillors STEWART McGLYNN, FRANK ELLIS, IAIN GAUL, ALEX KING, DAVID LUMGAIR, The Hon R J LESLIE-MELVILLE MBE, DAVID SELFRIDGE and ROBERT SPINK.

Councillor McGLYNN, Convener, in the Chair.

1. DECLARATIONS OF INTEREST/INTIMATIONS OF CONTACT - PART 1, BUSINESS

In terms of the Councillors Code of Conduct, the undernoted declaration of interest was made:-

• Councillor Lumgair declared an interest in item 10 as he was a relative of the applicant. He advised that he would not be taking part in the discussion.

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

• Councillor Ellis advised that in relation to item 9, Application No 05/01601/OUT, the applicant had telephoned him for advice but he had passed the individual on to a member of the Committee Services section.

2. BUILDING WARRANTS

The Committee noted that during the period 4-20 January 2006, a total of 4 Demolition Warrants, 11 Amendments to Warrants and 55 Building Warrants had been approved with an estimated cost of £3,365,750.

PLANNING APPLICATIONS

3. DELEGATED APPROVALS

There was submitted Report No 182/06 by the Director of Planning and Transport detailing the applications granted by him in accordance with the Scheme of Delegation appended to Standing Orders.

The Committee agreed to note the 28 applications detailed in the Appendix to the Report granted under delegated powers during the period 30 December 2005- 24 January 2006.

4. BALMULLIE STEADING MILL,

With reference to Article 5 of the minute of meeting of this Committee of 12 January 2006, there was submitted Report No 201/06 which detailed 13 conditions to be attached to planning application No 05/00820/FUL by Geddes Farms for the conversion of Balmullie Steading Mill, Inverkeilor into a dwellinghouse.

The Committee agreed to approve the conditions as detailed in the Report.

5. LAND AT FERNLEA, FORFAR ROAD,

There was submitted Report No 194/06 by the Director of Planning and Transport detailing application No 05/01487/OUT by Mr and Mrs Cowan for the erection of a dwellinghouse on land at Fernlea, Forfar Road, Arbroath. The application was recommended for refusal.

Slides were shown.

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

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6. 7A CULLODEN TERRACE, ARBROATH

There was submitted Report No 196/06 by the Director of Planning and Transport detailing application No 05/01638/FUL by Leysmill Properties Limited for the demolition of a shop and the erection of a dwellinghouse at 7A Culloden Terrace, Arbroath. The application was recommended for approval.

Slides were shown.

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

7. FORMER CROSSHILL FILLING STATION,

There was submitted Report No 195/06 by the Director of Planning and Transport detailing application No 05/01688/OUT by K 9 Forecourt Services Limited for the erection of three dwellinghouses at the former Crosshill Petrol Filling Station, Montrose Road, Brechin. The application was recommended for refusal.

Slides were shown.

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

8. 29 CHURCH STREET,

There was submitted Report No 197/06 by the Director of Planning and Transport detailing application No 05/01791/FUL by Mrs Reid for the erection of a double garage, boundary wall and change of use at 29 Church Street, Carnoustie. The application was recommended for approval.

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

9. SITE AT 47 TAYMOUTH TERRACE, CARNOUSTIE

There was submitted Report No 198/06 by the Director of Planning and Transport detailing application No 05/01601/OUT by G Duff for the erection of a dwellinghouse at 47 Taymouth Terrace, Carnoustie.

The Committee noted that the applicant had withdrawn the application.

10. BURNSIDE OF , KIRKBUDDO, FORFAR

Councillor Lumgair, having declared an interest at item 1 above, left the meeting during consideration of this item.

There was submitted Report No 199/06 by the Director of Planning and Transport detailing application No 05/01839/FUL by Mr Lumgair for the change of use from agricultural land to garden ground at Burnside of Kirkbuddo, Kirkbuddo, Forfar.

The Committee noted that the applicant had withdrawn the application.

The Convener intimated that as the application was retrospective, a report detailing proposed enforcement action would be submitted to the next meeting.

11. GARDEN GROUND AT 1 PARK PLACE, LUNANHEAD, FORFAR

There was submitted Report No 200/06 by the Director of Planning and Transport detailing application No 05/01689/OUT by Mr and Mrs Balfour for the erection of a dwellinghouse at 1 Park Place, Lunanhead. The application was recommended for approval.

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

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12. LAND AT CHARLETON COTTAGE, CHARLETON ROAD, BY MONTROSE

There was submitted Report No 202/06 by the Director of Planning and Transport detailing application No 05/01779/OUT by Peter Toddhunter for the erection of a dwellinghouse on land at Charleton Cottage, Charleton Road, by 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.

13. LAND AT NEWBIGGING FARM, MONTROSE

There was submitted Report No 203/06 by the Director of Planning and Transport detailing application No 05/01798/FUL by Hayock Ltd for the demolition of an agricultural shed and the erection of two dwellinghouses on land at Newbigging Farm, Montrose. The application was recommended for approval.

Slides were shown.

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

14. STEADING AT THREE LAWS OF , CRAIGO, MONTROSE

There was submitted Report No 204/06 by the Director of Planning and Transport detailing application No 05/01615/FUL by Mr and Mrs Bayne for the conversion of a steading to a dwellinghouse at the Steading, Three Laws of Craigo, Craigo, by Montrose. The application was recommended for approval.

Slides were shown.

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

15. SITE AT WESTERTON OF BALGAVIES, MONTROSE

There was submitted Report No 205/06 by the Director of Planning and Transport detailing application No 05/01755/FUL by J Gibson for the erection of a dwellinghouse on a site adjacent to Westerton of Balgavies, Montrose. The application was recommended for approval.

Slides were shown.

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

16. 37 THE FAIRWAY,

There was submitted Report No 207/06 by the Director of Planning and Transport detailing application No 05/01777/FUL by Mr and Mrs D Inglis for the extension to a dwellinghouse at 37 The Fairway, Monifieth. The application was recommended for refusal.

Slides were shown and Mr Inglis, the applicant, addressed the Committee and circulated a plan of the area.

COUNCILLOR McGLYNN, SECONDED BY COUNCILLOR ELLIS, MOVED THAT THE APPLICATION BE APPROVED AS THE PROPOSED EXTENSION, WOULD NOT ADVERSELY AFFECT THE APPEARANCE AND CHARACTER OF THE DWELLING AND GENERAL AREA AND AS SUCH COMPLIED WITH POLICY H24, CRITERIA (B) OF THE ADOPTED ANGUS LOCAL PLAN 2000 AND ADVICE NOTE 19.

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Councillor King, seconded by Councillor Gaul, moved as an amendment that the application be approved as the proposed extension would not adversely affect the appearance and character of the dwelling and general area and as such complied with Policy H24, Criteria (B) of the adopted Angus Local Plan 2000 and Advice Note 19, subject to the removal of the hipped roof and replacement with a full vertical gable.

On a vote being taken, the members voted:-

For the motion:-

Councillors McGlynn, Ellis, Lumgair, Leslie-Melville, Selfridge and Spink (6).

For the amendment:-

Councillors Gaul and King (2).

The motion was declared carried result in the application being approved subject to conditions to be agreed by the Director of Planning and Transport.

17. LAND AT BURNSIDE COTTAGE, FALLAWS,

There was submitted Report No 208/06 by the Director of Planning and Transport detailing application No 05/01811/OUT by D & W Baxter for the erection of a dwellinghouse on land at Burnside Cottage, Fallaws, Monikie. The application was recommended for refusal.

Slides were shown.

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.

Present: Councillors STEWART McGLYNN, FRANK ELLIS, IAIN GAUL, JOHN HENDERSON, ALEX KING, DAVID LUMGAIR, The Hon R J LESLIE-MELVILLE MBE, HELEN OSWALD, DAVID SELFRIDGE, RICHARD SPEIRS and ROBERT SPINK.

18. DECLARATIONS OF INTEREST - PART 2, BUSINESS

In terms of the Councillors Code of Conduct, the undernoted declaration of interest was made:-

• Councillor Leslie-Melville advised that she had met with a planning officer on site at Wellsden, , Brechin, Application No 05/01710/FUL. She advised that she would be taking part in the discussion.

19. 7-9 KEPTIE STREET, ARBROATH

There was submitted Report No 211/06 by the Director of Planning and Transport detailing application No 05/01679/FUL by Pars Properties Limited for the change of use from Class 1 to Class 2 (Bookmaker) at 7-9 Keptie Street, Arbroath. The application was recommended for approval.

Slides were shown.

The Committee agreed that the application be approved as detailed in the Report subject to any subsequent applications for alterations to the shop frontage being submitted to this Committee for approval.

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20. DEPOT AT SIDNEY STREET, ARBROATH

There was submitted Report No 212/06 by the Director of Planning and Transport detailing application No 05/01043/FUL by S Cuthill for the erection of five dwellinghouses at the Depot, Sidney Street, Arbroath. The application was recommended for approval.

Slides were shown.

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

21. 20-22 ST DAVID STREET, BRECHIN

There was submitted Report No 214/06 by the Director of Planning and Transport detailing application No 05/01748/FUL and listed building consent No 05/01773/LBC for the change of use from bookshop to takeaway by Mr B Hussain at 20-22 St David Street, Brechin.

The Committee noted that consideration of the application had been deferred to allow further discussion with the Director of Environmental and Consumer Protection.

22. LAND AT WELLSDEN, MENMUIR, BRECHIN

There was submitted Report No 215/06 by the Director of Planning and Transport detailing application No 05/01710/FUL by Messrs J & F Smith for the erection of an essential worker's house at Wellsden, Menmuir, Brechin. The application was recommended for approval subject to the applicant signing a Section 75 Agreement.

Slides were shown.

Councillor McGlynn, seconded by Councillor Oswald moved that the application be refused as the application did not comply with Policy H8 and H15 of the Angus Local Plan in terms of design, in that the proposed development did not reflect the character of the area.

COUNCILLOR ELLIS, SECONDED BY COUNCILLOR LESLIE-MELVILLE, MOVED AS AN AMENDMENT THAT THE APPLICATION BE APPROVED AS DETAILED IN THE REPORT.

On a vote being taken, the members voted:-

For the motion:-

Councillors McGlynn, Oswald and Spink (3).

For the amendment:-

Councillor Ellis, Gaul, Henderson, King, Lumgair, Leslie-Melville and Selfridge (7).

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

23. ABERLOCHTY, 4 DALHOUSIE STREET, CARNOUSTIE

There was submitted Report No 216/06 by the Director of Planning and Transport detailing application No 05/01270/FUL by A Hunter for the alteration to a dwellinghouse at 4 Dalhousie Street, Carnoustie. The application was recommended for approval.

Slides were shown.

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

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24. THE PLOUGH INN, 48 MARKET STREET, FORFAR

There was submitted Report No 217/06 by the Director of Planning and Transport detailing application No 05/01829/FUL by David J Gower for the change of use from hotel to public house and a private flat on the upper floor at The Plough Inn, 48 Market Street, Forfar. The application was recommended for approval.

The Committee agreed that the application be approved as detailed in the Report subject to the amendment of condition 3 as follows:-

3. That any music or sound from within the public house shall be so controlled as to be inaudible within any dwelling or noise sensitive premises to the satisfaction of the Director of Planning and Transport.

Reason:

3. In the interest of residential amenity.

25. GLENGATE HALL, GLENGATE,

There was submitted Report No 218/06 by the Director of Planning and Transport detailing application No 05/01429/FUL and 05/01430/LBC by P Redford for the change of use and alterations from a Church Hall to eight flats at Glengate Hall, Glengate, Kirriemuir. The application was recommended for approval.

Slides were shown and Mrs Robertson, an objector, addressed the Committee.

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

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

With reference to Article 10 of the minute of meeting of this Committee of 26 May 2005, there was submitted Report No 193/06 by the Director of Planning and Transport detailing a request to vary a condition proposed by Committee which provided for an improved access to Meikle Kenny Farm and sought confirmation that the Committee agree that the Section 75 Agreement include a condition to prevent a house being constructed on land between the existing and proposed access tracks at Meikle Kenny Farm, as detailed in the Report.

Mr Sive, an objector to the original application, addressed the meeting.

COUNCILLOR MCGLYNN, SECONDED BY COUNCILLOR HENDERSON MOVED THAT THE REQUEST BE APPROVED.

Councillor King, seconded by Councillor Gaul, moved as an amendment that the original road layout and access be approved as detailed in Report 627/05.

On a vote being taken, the members voted:-

For the motion:-

Councillors McGlynn, Ellis, Henderson, Oswald, Selfridge and Spink (6).

For the amendment:-

Councillor Gaul, King, Lumgair and Leslie-Melville (4).

The motion was declared carried resulting in the request being approved as detailed in Report No 193/06.

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27. ENFORCEMENT ACTION

(a) 69 Mill Street, Montrose, DD10 8RG

There was submitted Report No 221/06 by the Director of Planning and Transport which detailed the circumstances relative to a recommendation to initiate enforcement action in respect of the reinstatement of stone slates to the roof of 69 Mill Street, Montrose.

Slides were shown and Mr Smith, a supporter of the enforcement action, addressed the meeting.

The Committee agreed that enforcement action be taken as detailed in the Report.

(b) Forfar West End JFC, Craig O'Loch Road, Forfar

There was submitted Report No 222/06 by the Director of Planning and Transport which detailed the circumstances relative to a recommendation to take enforcement action in respect of the siting of a snack van within the car park area of Forfar Junior Football Club, Craig O'Loch Road, Forfar.

The Committee agreed that enforcement action be taken as detailed in the Report.

28. ENFORCEMENT ACTION - PROGRESS

There was submitted Report No 223/06 by the Director of Planning and Transport which updated the Committee on the progress of enforcement action previously agreed by the Committee.

The Committee, after hearing the Director of Planning and Transport, noted the progress made to date.

29. DEFECTIVE AND DANGEROUS BUILDINGS

There was submitted Report No 224/06 by the Director of Planning and Transport which described the work and workload of the Buildings Officer in the Building Control Section of the Planning and Transport Department.

The Report indicated that the Building Control section had one Buildings Officer who had been in post on a three year contract since 2004, following the introduction of the new requirements in respect of defective buildings in the Building () Act 2003. This gave local authorities a statutory duty to deal with defective buildings.

Following the appointment of the Buildings Officer, 236 cases had been reported and dealt with by the department. There was therefore no doubt that the Buildings Officer was providing a valuable service in ensuring owners of private property took appropriate steps to ensure that their property did not pose a danger to the public.

The Committee agreed:-

(i) to note the progress which had been made in tackling defective and dangerous buildings;

(ii) to note that the Quality of Life Funding would cease from March 2006; and

(iii) to note the intention to make the post of Buildings Officer permanent, with the costs being met from the department's revenue budget.

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30. PLANNING APPEAL DECISION

(a) Gowanbank House, , by Arbroath

With reference to Article 9 of the minute of meeting of this Committee of 11 August 2005, there was submitted Report No 225/06 by the Director of Planning and Transport which detailed 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 a dwellinghouse and garage at Gowanbank House, Colliston, by Arbroath.

The Committee noted that the appeal had been dismissed.

(b) 6 Airlie Street, Brechin

With reference to Article 8 of the minute of meeting of this Committee of 11 August 2005, there was submitted Report No 226/06 by the Director of Planning and Transport which detailed 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 a dwellinghouse and partial demolition of a wall to form a new access at 6 Airlie Street, Brechin.

The Committee noted that the appeal had been dismissed.

31. PLANNING (SCOTLAND) BILL

With reference to Article 7 of the minute of meeting of the Infrastructure Services Committee of 26 January 2006, there was submitted Report No 128/06 by the Director of Planning and Transport summarising the main proposals in the Planning (Scotland) Bill which contained wide ranging changes to the planning service including the operation of both development planning and development control.

The Report concluded that the Bill set out proposed changes for the delivery of a modernised planning system which would have significant implications for the future manner in which development planning and development control was undertaken in Angus.

The Committee, for its interest, agreed to note the contents of the Report.

32. SERVICE PLAN PROGRESS/PERFORMANCE REPORT PLANNING AND TRANSPORT

With reference to Article 3 of the minute of meeting of the Infrastructure Services Committee of 26 January 2006, there was submitted Report No 149/06 by the Director of Planning and Transport outlining the progress to date in implementing the updated departmental service plan.

The Committee, for its interest, agreed:-

(i) to note the progress being made to implement the actions in the service plan, with specific attention to those actions which varied significantly from the original targets;

(ii) to note performance against key indicators as identified within the Report; and

(iii) to instruct the Director of Planning and Transport to submit his service plan update 2006/2007 to the April/May meetings of the appropriate committees

P2(C) - 08.02.06 dc202