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The Moray Council Minute of Meeting of The 37 THE MORAY COUNCIL MINUTE OF MEETING OF THE ENVIRONMENTAL SERVICES COMMITTEE 12 FEBRUARY 2003 COUNCIL HEADQUARTERS, ELGIN PRESENT Councillors E. Aldridge (Chairman), A.E. Coutts (Vice-Chairman), A. Bisset, T.M. Bothwell, A.R. Burgess, J.A. Divers, M.L. Ettles, L. Gorn, J. Hamilton, J.C. Hogg, T.A. Howe, W. Jappy, A. Keith, J.A. Leslie, S.D.I. Longmore, P.B. Paul, J.M. Shaw, R.H. Shepherd, R. Sim, G.G. Towns, A. Urquhart, W.P. Watt, A.R. Wilson and I. Young APOLOGIES Apologies for absence were intimated on behalf of Councillors R.F. McIntosh (Vice-Chairman) and G.D. Gormley. IN ATTENDANCE The Director of Environmental Services, the Head of Development Services, the Head of Direct Services, the Head of Financial Services, the Development Control Manager, the Planning and Development Manager, the Environmental Protection Manager, the Environmental Health Manager, the Consultancy Manager, in respect of item 11, the Head of Estates Services, the Principal Solicitor (Commercial and Conveyancing), the Principal Planning Officer (Development Control), the Waste Management Officer, in respect of items 15 & 16 and the Senior Committee Services Officer, Clerk to the Meeting. 1. ADDITIONAL BUSINESS In terms of the relevant Standing Order the Committee agreed to accept as additional items of business to be transacted at the meeting the undernoted reports/statements on the Chairman certifying that, in his opinion, they required to be considered on the grounds of urgency in order to give early consideration to the outcome of discussions between Environmental Health and Development Control Officers and Scottish Water in regard to foul odours emitting from the Waste Water Treatment Plant and of the invitation to an objector to attend a Hearing; an update on the Fishing Industry and the need for urgent action regarding a further road closure in the Dufftown area:- (i) Waste Water Treatment Plant at Buckie - Report by the Director of Environmental Services (ii) Planning Application 02/01663/OUT - Report by the Chief Legal Officer (iii) Fishing Industry – Statement by Councillor Jappy (iv) Damaged Bridge at Parkmore, Dufftown - Statement by Councillor Wilson 2. ORDER OF BUSINESS In terms of the relevant Standing Order the meeting agreed to vary the order of business set down on the Agenda and take Item 3 " Waste Implementation Plan Update" at the end of the public section of business and that prior to considering the report there would be the presentation by the Waste Management Officer. The meeting also noted that Planning and Listed Building Consent applications 02/02003/FUL & 02/02004/LBC relating to retrospective consent for alterations and extension to existing shop for the manufacture preparation and storage of food for wholesale distribution at 39-45 Regent Street Keith Banffshire for Mr Graham Whyte had been withdrawn from the Agenda at the request of the applicant. h:\planning\minutesEN20030212M0 38 3. EXEMPT INFORMATION The Meeting agreed, in terms of Section 50A (4) and (5) of the Local Government (Scotland) Act 1973, as amended, that 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 below so as to avoid disclosure of exempt information of the class described in the appropriate paragraph of Part I of Schedule 7A of the Act. Para No. of Minute Para No. of Schedule 7A 18 1 19, 20 & 21 9 4. CURRENT PLANNING APPLICATIONS BISHOPMILL WEST – NO. 1 WARD (a) 02/01689/MC Change of use from residential care to office accommodation - Phase 1 at Bishopmill House, Lossiemouth Road, Elgin for The Moray Council Councillor Keith declared an interest in this application and left the meeting taking no part in the discussion or decision. There was submitted a report by the Director of Environmental Services recommending that, subject to conditions detailed in the report, planning consent be granted in respect of an application for the change of use from a residential care to office accommodation at Phase 1, Bishopmill House, Lossiemouth Road, Elgin for the Moray Council. The meeting noted that the application was being referred to the Committee, in terms of the Scheme of Delegation, given the Council’s interest in the proposals. Following consideration the Committee agreed to approve the application subject to the following conditions:- 1. 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 is granted. 2. Unless otherwise agreed with the Council, as Planning Authority, the development hereby approved shall be carried out strictly in accordance with the approved plans and conditions. 3. The development shall relate to the amended plan(s) 11193/SITE/01 Rev A, submitted under cover of the applicants/agents letter dated 6 October 2002 regarding provision of additional car parking spaces. 4. 23 communal car parking spaces shall be provided to the satisfaction of the Planning Authority prior to the first occupation of the office accommodation. Reasons: 1. The time limit condition is imposed in order to comply with the requirements of Section 58 of the Town and Country Planning (Scotland) Act 1997. 2. 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. 3. In order to avoid any ambiguity regarding the terms of this consent. 4. In the interests of road safety. On the determination of this application Councillor Keith rejoined the meeting. h:\planning\minutesEN20030212M0 39 CATHEDRAL WARD – NO. 3 WARD (b) 02/02274/MC Infill ground to provide additional area for industrial sites at Chanonry Spur, Chanonry Industrial Estate, Elgin for Mr Sandy Ritchie The Head of Direct Services declared an interest in the application and left the meeting. There was submitted a report by the Director of Environmental Services recommending that, subject to referral to Scottish Ministers and conditions detailed in the report, planning consent be granted in respect of an application to infill ground to provide an additional area of industrial sites at Chanonry Spur, Chanonry Industrial Estate, Elgin for Mr Sandy Ritchie. The meeting noted the application was being referred to Committee as the Council is proposing to develop on land with a past history of flooding and if "minded to approve" the application it will require to be referred to Scottish Ministers. The meeting also noted that a flood risk assessment had been submitted and accepted by SEPA as complying with development plan policies in respect of flooding. Councillor Gorn expressed the view that, given the history of the site, a site visit should have been undertaken prior to considering the application and that she was not convinced that the Council had demonstrated that the proposal would have a minimal impact on a high flooding risk area and therefore should not proceed until the outcome of the flooding report was available. Thereafter she moved refusal of the application on the grounds that it did not comply with policy L/ENV26. The Motion was seconded by Councillor Paul. As an Amendment Councillor Aldridge, seconded by Councillor Jappy, moved that consideration of the application be deferred pending the publication of the preferred Flood Alleviation Scheme for Elgin. Following further discussion, and with the agreement of her seconder, Councillor Gorn withdrew her Motion and the Amendment became the Motion. There being no-one otherwise minded the Motion became the finding of the meeting and it was agreed that consideration of the application be deferred pending the publication of the preferred Flood Alleviation Scheme for Elgin. On the determination of the application the Head of Direct Services rejoined the meeting. FINDERNE – NO. 9 WARD (c) 02/01629/FUL Change of use of garage to form workshop and activity room form new access and parking area by front of door and modify entrance of parking area to 1 & 2 Elvin Place, Findhorn, Forres for Ms Helen Kalis There was submitted a report by the Director of Environmental Services recommending that, subject to conditions detailed in the report, planning consent be granted in respect of an application for the change of use of a garage to form a workshop and activity room, form a new access and parking area by the front door and modify entrance of parking area to 1 Elvin Place at 2 Elvin Place, Findhorn, Forres for Ms Helen Kalis. The meeting noted that the application was being referred to the Committee at the request of the Local Member and that Members of the Committee visited the site of the application on Monday 10 February 2003. On the invitation of the Chairman, Councillor Hamilton advised the meeting that he had requested referral of this application to Committee and for a site visit to be undertaken in order that Members may see for themselves the proposal in context, on site, given the sensitivity of the proposal and level of objections. Thereafter Councillor Hamilton expressed the view that, in his opinion, the proposed development was not compatible with its surroundings and would harm the general character and amenity of the surrounding area. He also expressed the view that the anticipated usage would increase traffic movement and the resulting noise would also significantly detract from the amenity of the surrounding area. For these reasons he moved refusal of the application on the grounds
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