The Moray Council Minute of Meeting of The

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 that it did not comply with policy L/IMP1. The Motion was seconded by Councillor Urquhart.

As an Amendment Councillor Burgess, seconded by Councillor Keith, moved approval of the application as recommended.

h:\planning\minutesEN20030212M0 40

On a division there voted:-

For the Motion (13) - Councillors Hamilton, Urquhart, Aldridge, Bisset, Coutts, Howe, Jappy, Leslie, Longmore, Shaw, Towns, Wilson and Young

For the Amendment (5) - Councillors Burgess, Keith, Bothwell, Paul and Watt

Abstentions (6) - Councillors Divers, Ettles, Gorn, Hogg, Shepherd and Sim

Accordingly the Motion became the finding of the meeting and it was agreed that the application be refused on the grounds that it did not comply with policy L/IMP1 for the reasons stated in the motion.

(d) 02/02127/FUL Form new access and install oil tank at 196 Findhorn, Forres for Mr Iain R Young

Councillor Young declared an interest and in this application and left the meeting taking no part in the discussion or decision.

The meeting noted that the application was being referred to the Committee as the applicant is a Councillor.

Following consideration the Committee agreed that the application be approved 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.

1. The width of vehicular access shall be 4.2 and have a maximum gradient of 1:20 measured for the first 5.0 m from the edge of the public carriageway. Section of access over the public footpath/verge shall be to The Moray Council specification and surfaced in bitmac.

4. No water shall be permitted to drain onto the public footpath/carriageway.

5. Drop kerbs shall be provided across the access to The Moray Council specification.

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 the interests of road safety.

4. In the interests of road safety.

5. In the interests of road safety.

On the determination of this application Councillor Young rejoined the meeting.

h:\planning\minutesEN20030212M0 41

FORRES WEST AND ALTYRE – NO. 10 WARD

(e) 01/02032/FUL Proposed residential development at R8 Development, Grantown Road, Forres for Springfield Properties Limited

Councillor Young advised the Meeting that, whilst he had no financial or pecuniary interest in the application, he had commented on the proposals at a Forres Community Council meeting some time ago which was considered to be unethical in planning terms and therefore 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 a proposed residential development at R8 Development, Grantown Road, Forres for Springfield Properties Limited.

The meeting noted that the application was being referred to the Committee, in terms of the Scheme of Delegation, as a departure from the Development Plan which was being recommended for approval and that given objections had been received then, were the Committee “minded to approve” the application a Hearing was recommended and that a legal agreement regarding the transfer of land to the Council for a roundabout would require to be completed prior to the issue of consent. The meeting also noted that Members of the Committee visited the site of the application on Monday 10 February 2003.

The departure relates to the proposed development exceeding the stated capacity of 170 units for Forres R8 by 10 units. The meeting also noted that despite the resultant increased number and site density it was not considered that the proposal would result in an unacceptable over development of the site nor detract from the amenities of the locality and that 88 houses on Knockomie Gardens opposite the proposed development also exceeded the stated capacity of 80 houses for the site (Forres R9) and was accepted as a departure. The reasons for recommending approval of the departure were set out in the report on the application.

Councillor Urquhart referred to the background to the development and the site which was zoned for housing and that extensive consultation had taken place in regard to the proposals. He advised the meeting that his main concerns related to surface water and that whilst his preference for the dispersal of surface water from this site and adjoining sites was, as set out in the Development Plan, by way of a new outfill to the River Findhorn the existing SUDS approved for site R9 had proved effective during the heavy rains in November. Also as indicated in the report, no unacceptable risk of flooding had been identified following consideration of the proposals and that, if approved, an agreement would be put in place to monitor and mitigate, where necessary, the effect of the development on the adjoining land, in particular the lower lying ground to the north. He also referred to the conditions attached to the proposed consent, particularly relating to the drainage during the construction stage, [condition 17(c)] which required the submission of a construction method statement to be approved by the Council which required to include all temporary measures to deal with surface water run-off during construction and prior to the operation of the final SUDS arrangements. For these reasons he moved approval of the application as recommended subject to the completion of a legal agreement regarding the transfer of land to the Council for a roundabout prior to the issue of consent and that as objections/representations/concerns were adequately dealt with by the conditions a Hearing was not required.

There being no-one otherwise minded the motion became the finding of the meeting and it was agreed that, subject to the completion of a legal agreement regarding the transfer of land to the Council for a roundabout prior to the issue of consent the application be approved 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 site plan 365/SPR/01 as submitted under cover of the applicants/agents letter dated 11 October 2002 regarding a revised site plan with amended house design and layout details in the vicinity of Plots 148-157, additional landscaping along the northern boundary and fencing (Plots 11-12) and a revised access to the play area together with supplementary information (Transportation and Drainage Impact Assessments).

h:\planning\minutesEN20030212M0 42

4. Unless otherwise agreed with the Council (as Planning Authority) the development shall not commence until samples or specifications of the proposed paviors and their colouration have been submitted to and approved by the Head of Development Services.

5. In addition to the proposed roughcast finish, a limited number (e.g. 2 or 3) of additional, complementary roughcast finishes shall be used in accordance with:

a) details to be submitted to and approved by the Council as planning authority regarding the house plots on which each of the different roughcast finishes will be used prior to development works commencing; and

b) sample panels of all proposed roughcast finishes shall be prepared on the site for the inspection and approval of the Head of Development Services and the roughcast works shall not be carried out until agreement has been reached with the Head of Development Services regarding the type and colour of materials to be used.

6. No development shall commence until details have been submitted to and approved by the Council as planning authority regarding:

a) a revised fence layout plan to match the approved amended site plan with the locations and heights of all fencing to be erected indicated thereon. The submitted fence layout plan 365/SPR/02 is not approved.

b) a revised landscaping plan to match the approved amended site plan with details of all new planting (species, numbers, planting sizes and distances, etc.) shown thereon. The submitted landscape plan 365/SPR/23 is not approved.

c) the arrangements for the long-term maintenance of all landscaping and the equipped play area.

d) the time-scale for the provision of the equipped play area.

e) the location and design of a recycling facility to be provided within the site, together with the time-scale for the provision of this facility.

7. As part of the development hereby approved, 30 units of affordable/special needs accommodation shall be provided within the site and

a) prior to development works first commencing, details regarding the location(s) of the required affordable/special needs units of accommodation shall be submitted to and approved by the Council, as planning authority; and

b) prior to development works first commencing on the approved location(s) for affordable/special needs units of accommodation, details regarding the designs and the arrangements to ensure the long-term delivery and provision of the required affordable/special needs units of accommodation shall be submitted to and approved by the Council, as planning authority.

8. No development shall commence until

a) details have been submitted to and approved by Council, as planning authority regarding a written scheme of archaeological investigation embracing a desk-based assessment and proposals for appropriate site investigation, mitigation and publication of the results; and

b) the archaeological investigation, assessment and mitigation measures have been carried out in accordance with the approved details.

9. The landscape areas hereby approved along the southern, eastern (A940 frontage) and northern boundaries of the site shall be provided in accordance with the requirements of Condition 10 (see below) and thereafter used solely for landscaping purposes (and/or as part of the surface water drainage arrangements where proposed along the A940 frontage) and for no other use or purpose.

h:\planning\minutesEN20030212M0 43

10. In respect of the approved landscaping areas along the southern, eastern (A940 frontage) and northern boundaries of the site, all planting, seeding or turfing forming part of the approved landscape scheme (Condition 6(b) refers) shall be carried out not later than the first planting and seeding seasons following commencement of the development or completion of building works, whichever is the sooner. 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 following planting season with others of similar size, number and species unless this Council (as Planning Authority) gives written consent to any variation of this planning condition.

11. For all remaining landscaping areas, all planting, seeding or turfing forming part of the approved landscape scheme (Condition 6(b) refers) shall be carried out in the first planting and seeding seasons following the occupation of the development or completion of building works, whichever is the sooner. 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 following planting season with others of similar size, number and species unless this Council (as Planning Authority) gives written consent to any variation of this planning condition.

12. As part of the development hereby approved:

a) The width of individual vehicular accesses shall be 2.4 - 3.0 m and have a maximum gradient of 1:20 measured for the first 5.0 m from the edge of the public carriageway. Section of access over the public footpath/verge shall be to The Moray Council specification and surfaced in bitmac.

b) No water shall be permitted to drain onto the public footpath/carriageway.

c) Drop kerbs shall be provided across the access to The Moray Council specification.

d) Two private car parking spaces for up to a 3 bedroomed dwelling and three private car parking spaces for a 4 or more bedroomed dwelling shall be provided.

e) In respect of Plots 6, 7, 11, 12, 13, 37, 38 and 81, the car parking arrangements shall be provided in accordance with the approved plans at the rate of 150%, i.e. 6 spaces for every four units of housing accommodation.

f) Visibility splays of 2.4 metres x 30 metres shall be provided at the junctions within the traffic calmed area.

g) New boundary walls/fences shall be set back from the edge of the public road at a distance of 1.8 metres along footways, 2.0 m along service verges and 2.5 m along cycle paths.

h) Houses requiring 2 parking spaces shall have a driveway length of 6.0m minimum in front of garage to permit a second car to park, unless alternative parking arrangements are provided. No part of the driveway shall be included in the public road.

i) Parking provision shall be outwith visibility splays.

j) Minor access or 'Novel' roads shall be designed as 'open plan' with no fencing along rear of service verges.

k) Driveways over service verges shall be constructed to take vehicles and shall be finished in bituminous macadam.

13. No development shall commence until details of the following have been submitted to and approved by the Council, as planning authority:

a) the design, construction, material finishes and timescale(s) for the provision of the cycle path through the site, the emergency access and all traffic tables as identified on the approved site plan.

h:\planning\minutesEN20030212M0 44

b) the location, number, design, construction, material finishes and time-scale for the provision of all bollards or similar to be erected across the emergency access (located between Plots 77-78) to preclude motorised vehicles except emergency service vehicles.

c) the location and design specification of a vehicle barrier to be provided at the rear of the footway at the infiltration basin adjacent to Plot 157.

d) all works necessary to accommodate the new roundabout (i.e. the "Proposed future roundabout for access to R5") as indicated on the approved site plan (Transportation Assessment, paragraph 3.2.3 refers).

e) a 1.8 m footway to be provided along the edge of the A940 from the cycle path leading to the site off the A940 to Balnageith Road.

f) a cycle path crossing at the roundabout 'splitter' island to access the cycle path on the opposite side of the A940.

g) the proposed point or limit of construction at the northern end of the access road (6 m (minimum) carriageway width), as shown on the approved plans and extending from the A940 site access junction through the site towards the northern boundary (Balnageith Road) and the "Proposed future roundabout for access to R5", in order that it can, at a later stage, join the edge of the proposed roundabout.

14. No house or flat shall be occupied until

a) all parking, roads and footpaths servicing the house or flat have been provided in accordance with the approved plans, or at least to base course level or to a stage of road construction previously agreed, in writing with the Council, as planning authority.

b) the 1.8 m footway along the edge of the A940 has been provided in accordance with the approved plans (Condition 13 (e) refers).

c) the cycle path crossing at the roundabout 'splitter' island has been provided in accordance with the approved plans (Condition 13 (f) refers).

15. Not more than 50 houses or flats in total within the development hereby approved shall be occupied until

a) the vehicle barrier has been provided in accordance with the approved plans (Condition 13 (c) refers) at the rear of the footway at the proposed infiltration basin adjacent to Plot 157; and

b) the northern end of the access road has been constructed to an agreed point or limit of construction in accordance with the approved plans (Condition 13 (g) refers).

16. No works shall commence on the building of houses or flats until

a) details regarding the number, location, design, construction and material finishes of all proposed traffic calming measures (for example, road humps, cushions or similar) to be provided in Pilmuir Road West have been submitted to and approved by the Council, as planning authority; and

b) the traffic calming measures in Pilmuir Road West have been provided in accordance with the approved plans.

17. Notwithstanding the submitted surface water management plan (365/SPR/03 which is not approved), no development shall commence until

h:\planning\minutesEN20030212M0 45

a) details regarding the location, and design specification of all proposed on-site SUDS arrangements for the disposal of surface water from the site have been submitted to and approved by the Council, as planning authority;

b) details of the time-scale(s) for the proposed implementation of all approved surface water drainage arrangements have been submitted to and approved by the Council, as planning authority; and

c) a construction method statement has been submitted to and approved by the Council, as planning authority. The required statement shall include details of all temporary measures to deal with surface water run-off during construction and prior to operation of the final SUDS arrangements.

For Plots 53-57

18. The approval hereby granted is in outline and prior to the commencement of the development approval of the details, including the siting, design and external appearances of the building(s) the means of access thereto and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Council, as Planning Authority.

19. The proposed development shall be carried out only in accordance with detailed drawings which shall previously have been submitted to and approved by the Council, as Planning Authority regarding:

a) Plans, sections and elevations of all buildings proposed with details of the type and colour of all external materials and finishes.

b) The proposed layout of the site showing the exact position of the site boundaries, the position of all buildings, the means of access, areas for vehicle parking and the arrangements for the disposal of foul and surface water.

c) Details of the exact extent, type and finish of all other works including walls, fences and other means of enclosure and screening.

d) Sections through the site showing the development on its finished levels in relation to existing levels.

e) Landscaping proposals showing any existing trees/hedges/shrubs to be retained or removed together with details of the type, position and number of all planting to be undertaken and details of all surfacing materials.

20. As part of the requirements of Condition 19 the scale of the house on each plot shall not exceed two storey construction and the external roof and wall material finishes shall match the approved material finishes for the remainder of the development.

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 and ensure an acceptable form of development in the interests of the amenities and appearance of the development and the surrounding locality, together with transportation and drainage details lacking from the original submission.

4. In order to ensure that the development harmonises with the appearance and character of the surrounding properties and area where details of the matters specified are lacking from the submission.

h:\planning\minutesEN20030212M0 46

5. In order to ensure that the development harmonises with the appearance and character of the surrounding properties and area.

6. To ensure the fencing and landscaping plans correspond with the amended site plan as approved together with the submission of details currently lacking from the submission and in order to ensure a satisfactory form of development in the interests of the amenities and appearance of the development and the surrounding locality.

7. In accordance with the applicants e-mail transmission dated 13 August 2002 and to safeguard the provision of such housing within the site (in accordance with policy S/H5, L/H7 and L/H8 of the Moray Structure Plan and Moray Local Plan) and details of the matters specified are lacking from the submission.

8. In the interests of recording and/or preserving such information or items of historical or archaeological importance as may exist within the site.

9. To ensure a satisfactory form of development in the interests of the amenities and appearance of the development and the surrounding locality.

10. 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, and ensure the early provision of landscaping around the perimeter of the site.

11. 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.

12. In the interests of road safety and to ensure an appropriate standard of parking is provided for use in conjunction with the development.

13. Details of the matters specified are lacking from the current submission and to ensure an acceptable form of development in the interests of road safety.

14. To ensure a satisfactory standard of access (vehicular and pedestrian), parking and cycle facilities are provided at an early stage in the development.

15. To ensure an acceptable form of development in terms of road safety and to safeguard the provision of a future access link to R5 to the north of Balnageith Road.

16. In accordance with the applicant's letter dated 11 October 2002 and to ensure an acceptable form of development in road safety terms.

17. To ensure a satisfactory form of development in surface water drainage terms.

18. In order to ensure that the matters specified can be fully considered prior to the commencement of development.

19. As the consent is in outline only and in order that detailed consideration can be given to the matters specified.

20. In order to ensure that the development harmonises with the appearance and character of the surrounding properties and area.

In regard to the conditions of consent the meeting noted that Conditions 1 - 17 relate to all parts of the development site and Conditions 18 - 20 relate to Plots 53-57 inclusive which have been submitted in outline.

On the determination of this application Councillor Young rejoined the meeting.

h:\planning\minutesEN20030212M0 47

HELDON AND LAICH – NO. 12 WARD

(f) 02/01642/FUL Erect dwellinghouse on Site at Sweethillock Farm, Alves for Mr D Phillip And Miss J Morrison

The proposal departs from policy L/HC3 – new houses in the Open Countryside as the site does not retain the required 25% existing tree, shrub or hedgerow coverage. The proposals do however meet the other criteria of policy HC3 in terms of plot size and boundary definition.

The reasons for supporting the departure are that the site is positioned within a grouping of existing buildings both residential and agricultural allowing the proposals to blend in unobtrusively. Whilst the site is visible from the public road, the backdrop of existing buildings will ensure the development integrates sensitively. The development will not adversely affect the character or appearance of the area and it is not considered that a single additional dwelling will contribute to a build up of residential development causing a suburbanisation of the locality. Due to the unique physical features of this particular site, it is not considered that the proposals will not set a precedent for future development contrary to policy.

Following consideration the meeting 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.

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.

(g) 02/02276/FUL Erect new dwellinghouse and garage at Land at Heldon Wood, Miltonduff for Mr J Ritchie

The meeting noted the application was being referred to the Committee, in terms of the Scheme of Delegation, as a departure from the Development Plan which was being recommended for approval, to which no objections/representations had been received and therefore a Hearing was not required.

The proposal departs from Development Plan policy as the site is over the 1,400 square metres maximum allowed by policy L/HC3 and the site, as defined, does not have a required boundary definition as it would be created by the felling of forestry plantation. The reasons for recommending a departure are set out in the report on the application.

Following consideration the meeting agreed to approve the application subject to the following conditions:-

h:\planning\minutesEN20030212M0 48

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. No boundary fences, hedges, walls or any obstruction whatsoever over 1.0 m in height and fronting onto the public road shall be within 2.1 m of the edge of the carriageway.

4. The width of vehicular access shall be 2.4 - 3.0 m and have a maximum gradient of 1:20 measured for the first 5.0 m from the edge of the public carriageway. Section of access over the public footpath/verge shall be to The Moray Council specification and surfaced in bitmac.

5. No water shall be permitted to drain onto the public footpath/carriageway.

6. Three private parking space(s) shall be provided.

7. A visibility splay of 2.4 metres x 60 metres shall be provided at the access.

8. New boundary walls/fences shall be set back from the edge of the public road at a distance of 2.0 metres.

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 the interests of road safety.

4. In the interests of road safety.

5. In the interests of road safety.

6. In the interests of road safety.

7. In the interests of road safety.

8. In the interests of road safety.

LENNOX – NO. 17 WARD

(h) 02/02012/OUT Outline to erect dwellinghouse and garage at Ground at Slack of Bait, Drybridge, Buckie for Mr and Mrs B Bowie

There was submitted a report by the Director of Environmental Services recommending that, for reasons detailed in the report, planning consent be refused in respect of an application for outline planning consent to erect a dwellinghouse and garage at ground at Slack of Bait, Drybridge, Buckie for Mr and Mrs B Bowie.

The meeting noted that the application was being referred to Committee, in terms of the Scheme of Delegation, at the request of the Local Member, and that Members of the Committee had visited the site of the application on Monday 10 February 2003.

The meeting also noted that the application had been advertised as a departure from the Development Plan as it failed to comply with policy L/HC3 relating to new houses in the Open Countryside.

h:\planning\minutesEN20030212M0 49

On the invitation of the Chairman Councillor Howe advised the meeting that he had requested referral of the 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, as he was not in agreement with the reasons for refusal.

Thereafter Councillor Howe expressed the view that, in his opinion, the proposed development complied with policy given that it is located in a sheltered position and whilst it has no back drop it would blend sympathetically into the landscape, would blend unobtrusively with its surroundings and does not occupy a skyline location when viewed from the south or east. In regard to skyline location he referred to other developments in the vicinity which could be seen on the site visit which occupied such locations and that the proposed development has established site boundaries and adopts the spacing of dispersed pattern of settlement. For these reasons he moved approval of the application, as complying with policy. The motion was seconded by Councillor Jappy.

As an Amendment Councillor Burgess, seconded by Councillor Sim, moved refusal of the application as recommended.

On a division there voted:-

For the Motion (14) - Councillors Howe, Jappy, Aldridge, Bisset, Bothwell, Coutts, Gorn, Leslie, Longmore, Paul, Shaw, Towns, Urquhart and Wilson

For the Amendment (3) - Councillors Burgess, Sim and Keith

Abstentions (7) - Councillors Divers, Ettles, Hamilton, Hogg, Shepherd, Watt and Young

Accordingly the Motion became the finding of the meeting and it was agreed that the application be approved as complying with policy subject to standard conditions.

Councillors Keith and Burgess requested that their dissent to the decision be recorded.

(i) 02/02081/OUT Outline to erect dwellinghouse on Site At Parkhill Drybridge Arradoul Buckie Banffshire for Mr And Mrs T Neill

There was submitted a report by the Director of Environmental Services recommending that, for reasons detailed in the report, planning consent be refused in respect of an application for outline planning consent to erect a dwellinghouse on site at Parkhill, Drybridge, Arradoul, Buckie for Mr and Mrs T Neill.

The meeting noted that the application was being referred to Committee at the request of the Local Member, in terms of the Scheme of Delegation, and that Members of the Committee had visited the site of the application on Monday 10 February 2003.

The meeting also noted that the application had been advertised as a departure from the Development Plan as it failed to comply with policy L/HC3 relating to new houses in the Open Countryside.

On the invitation of the Chairman Councillor Howe advised the meeting that as for application 02/02012/OUT he had requested referral of the 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, as he was not in agreement with the reasons for refusal.

Thereafter Councillor Howe expressed the view that, in his opinion, the proposed development complied with policy for the same reasons as he referred to relating to application 02/02012/OUT with additional reasons that, whilst not having the necessary backdrop and natural enclosure, he referred Members to policy L/HC3 relating to developments in the south and east Moray only requiring 50% site boundaries, which the proposed development has, so long as it is capable of establishing additional boundaries which separate the site naturally from the surrounding ground. Given it is proposed that the land immediately to the north and north-east of the site is to be the subject of a woodland grant scheme it would meet the policy requirements. For these additional reasons and the reasons relating to the previous application he moved approval of the application as complying with policy. His Motion was seconded by Councillor Jappy.

h:\planning\minutesEN20030212M0 50

As an Amendment Councillor Burgess, seconded by Councillor Keith, moved refusal of the application as recommended.

On a division there voted:-

For the Motion (14) - Councillors Howe, Jappy, Aldridge, Bisset, Bothwell, Coutts, Gorn, Leslie, Longmore, Paul, Shaw, Towns, Urquhart and Wilson

For the Amendment (3) - Councillors Burgess, Keith and Sim

Abstentions (7) - Councillors Divers, Ettles, Hamilton, Hogg, Shepherd, Watt and Young

Accordingly the Motion became the finding of the meeting and it was agreed that the application be approved as complying with policy subject to standard conditions.

Councillors Keith and Burgess requested that their dissent to the decision be recorded.

SPEYSIDE – NO. 25 WARD

(l) 02/02022/FUL Erect dwellinghouse and garage at Westwinds Tomnabent Aberlour Banffshire for Burnett and Reid

There was submitted a report by the Director of Environmental Services recommending that, for reasons detailed in the report, planning consent be refused in respect of an application to erect a dwellinghouse and garage at Westwinds, Tomnabent, Aberlour for Burnett and Reid.

The meeting noted that the application was being referred to the Committee at the request of the Local Member, in terms of the Scheme of Delegation and that Members of the Committee had visited the site of the application on Monday 10 February 2003.

The meeting noted that the application had been advertised as a departure from the Development Plan to which no objection/representations had been received

The Chairman, Councillor Aldridge advised the meeting that he requested referral of the application to Committee and for a site visit to be undertaken having regard to the extensive and complicated planning history in the vicinity of Tomnabent, the strategic impact and in the interests of consistency as previous applications have been dealt with in a similar manner. He also referred to the location plan accompanying the report and asked Members to note from the site visit that the site is located lower down the hillside than indicated in the plan.

Thereafter Councillor Aldridge expressed the view that, in his opinion, the proposed development site is some distance from the locations described in the report as the West and East groups and should therefore be considered under housing in the countryside policy. In this context the relevant policy states that in rural areas in south and east Moray there will be a presumption in favour of well located and design sites in the open countryside.

He expressed the view that the proposed development respects a traditional dispersed settlement pattern and integrated sensitively with the existing land forms so as to blend unobtrusively with its surroundings and avoid contributing to a build up of residential development so as to cause a change in the character of the area to suburban style grouping of buildings or ribbon development. He also expressed the view that the topography of the area surrounding the site forms a suitable backdrop particularly as the area is to be the subject of a woodland grant scheme which will result in the re-establishment of the former woodland through natural regeneration and seeding which is of key importance in considering the application. There were, in his view, clearly established existing boundaries with the road to the south, a ditch to the west and a ditch, fence and trees to the north side and further planting would form a permanent boundary on the east side. In his view a single storey design would integrate sensitively with the existing landform and blend unobtrusively with its surroundings and would be compatible with the character of the rural area and would not be specially prominent when viewed from the A95 given the natural backdrop and considerable distance from the route in comparison to other new dwellings in the vicinity one of which was granted on appeal against refusal by this authority. He also drew Members attention to the fact that in the report the application had been advertised as a departure from the Moray

h:\planning\minutesEN20030212M0 51

Structure Plan and Moray Local Plan to which no objections or observations had been received and that for these reasons he moved approval of the application as complying with policy subject to appropriate conditions to include suitable landscaping and planting to minimise any impact on the character of the area. The Motion was seconded by Councillor Bisset.

As an Amendment Councillor Leslie, seconded by Councillor Burgess, moved refusal of the application.

On a division there voted:-

For the Motion (9) - Councillors Aldridge, Bisset, Gorn, Hogg, Howe, Jappy, Longmore, Paul and Wilson

For the Amendment (7) - Councillors Leslie, Burgess, Coutts, Keith, Shaw, Sim and Watt

Abstentions (8) - Councillors Bothwell, Divers, Ettles, Hamilton, Shepherd, Towns, Urquhart and Young

Accordingly the Motion became the finding of the meeting and it was agreed that the application be approved subject to appropriate conditions to include suitable landscaping and planting to minimise any impact on the character of the area.

5. PLANNING APPLICATION 02/01663/OUT - OUTLINE TO ERECT NEW DWELLINGHOUSE ON SITE ADJACENT TO CAIRNHILL COTTAGE, GRANGE, KEITH FOR MR WILLIAM MEGGINSON

Under reference to paragraph 3 (j) of the Minute refers of this Committee dated 15 January 2003 there was submitted a report by the Chief Legal Officer advising the Committee the objector to the application has declined the invitation to attend a hearing in respect of the outline application to erect new dwellinghouse on site adjacent to Cairnhill Cottage, Grange, Keith and accordingly a hearing would no longer be required.

The report also advised that given the Committee was "Minded to Approve" the outline application, subject to a Hearing, which is no longer required, the Committee’s decision of 15 January 2003 has been actioned and the consent issued subject to the following conditions, as detailed in the report to the Committee on 15 January 2003:-

1. (a) That in the case of any reserved matter, application for approval must be made before:-

(i) that expiration of 3 years from the date of the grant of outline planning permission; or

(ii) the expiration of 6 months from the date on which an earlier application for such approval was refused; or

(iii) the expiration of 6 months from the date on which an appeal against such refusal was dismissed; whichever is the latest: provided that only one such application may be made in the case after the expiration of the 3 year period mentioned in sub-paragraph (i) above.

(b) That the development to which the permission relates must be begun not later than whichever is the later of the following dates:-

(i) the expiration of 5 years from the date of the grant of outline planning permission; or

(ii) the expiration of 2 years from the final approval of the reserved matters or in the case of approval on different dates the final approval of the last such matter to be approved.

2. The proposed development shall be carried out only in accordance with detailed drawings which shall previously have been submitted to and approved by the Council, as Planning Authority. These drawings shall show the reserved matters numbered 4-8 below.

h:\planning\minutesEN20030212M0 52

3. Plans, sections and elevations of all buildings proposed with details of the type and colour of all external materials and finishes shall be submitted in accordance with condition no. 3 above.

4. The proposed layout of the site showing the exact position of the site boundaries, the position of all buildings, the means of access, areas for vehicle parking and the arrangements for the disposal of foul and surface water shall be submitted in accordance with condition no. 3 above.

5. Details of the exact extent, type and finish of all other works including walls, fences and other means of enclosure and screening shall be submitted in accordance with condition no. 3 above.

6. Sections through the site showing the development on its finished levels in relation to existing levels shall be submitted in accordance with condition no. 3 above.

7. Landscaping proposals showing any existing trees/hedges/shrubs to be retained or removed together with details of the type, position and number of all planting to be undertaken and details of all surfacing materials shall be submitted in accordance with condition no. 3 above.

8. The design of the property shall comply with the requirements of L/HC5 of the Moray Local Plan 2000, including the interpretation of policy regarding proportions of gable width and roof pitches.

9. No boundary fences, hedges, walls or any obstruction whatsoever over 1.0 m in height and fronting onto the public road shall be within 2.1 m of the edge of the carriageway.

10. The width of vehicular access shall be 2.4 - 3.0 m and have a maximum gradient of 1:20 measured for the first 5.0 m from the edge of the public carriageway. Section of access over the public footpath/verge shall be to The Moray Council specification and surfaced in bitmac.

11. No water shall be permitted to drain onto the public footpath/carriageway.

12. A parking layby 8.0 m long x 2.5 m wide with 30 degrees splayed ends shall be provided at the edge of the public road to allow visiting and service vehicles to park clear of the public road. The vehicular access(es) should lead off the layby(s). Layby to be to The Moray Council specification and be surfaced in bitmac.

13. Two private car parking spaces for up to a 3 bedroomed dwelling and three private car parking spaces for a 4 or more bedroomed dwelling shall be provided.

14. A turning area shall be provided within the curtilage of the site to enable vehicles to enter/exit in a forward gear.

15. A visibility splay of 3.0 metres x 125 metres shall be provided at the access.

16. New boundary walls/fences shall be set back from the edge of the public road at a distance of 2.5 metres.

Reasons:

1. The time limit condition is imposed in order to comply with the requirements of Section 59 of the Town and Country Planning (Scotland) Act 1997.

2. As the consent is in outline only and in order that detailed consideration can be given to the matters specified.

3. As the consent is in outline only and in order that detailed consideration can be given to the matters specified.

4. As the consent is in outline only and in order that detailed consideration can be given to the matters specified.

5. As the consent is in outline only and in order that detailed consideration can be given to the matters specified.

h:\planning\minutesEN20030212M0 53

6. As the consent is in outline only and in order that detailed consideration can be given to the matters specified.

7. As the consent is in outline only and in order that detailed consideration can be given to the matters specified.

8. In order to ensure that the development harmonises with the appearance and character of the surrounding properties and area.

9. In the interests of road safety.

10. In the interests of road safety.

11. In the interests of road safety.

12. In the interests of road safety.

13. In the interests of road safety.

14. In the interests of road safety.

15. In the interests of road safety.

16. In the interests of road safety.

6. WASTEWATER TREATMENT PLANT, MARCH ROAD, BUCKIE

Under reference to Paragraph 6(ii) of the Minute of Meeting of this Committee dated 15 January 2003 there was submitted a report by the Director of Environmental Services on the outcome of the meeting between Environmental Health and Development Control officers and Scottish Water regarding the foul odours being emitted from the Wastewater Treatment Plant at March Road, Buckie.

The meeting noted that numerous complaints had been received by Environmental Health since September 2002 regarding the problem and that officers had been in discussion with the operators since that time. Letters dated 12 November 2002 and 7 January 2003 had been sent to the operators requesting details of the source of smell and proposed remedial action, the response to which was that the matter was being dealt with as a matter of urgency and the sub-contractor engaged to install the odour control system has been engaged to assess its efficiency and a report thereon is awaited.

The report also advised that in view of the problems monthly meetings had been held at the plant and on 22 January 2003 the Committee’s concerns were conveyed to the agencies concerned and information requested on measures to be taken to prevent the foul odours being emitted. The plant is still in its commissioning phase and at the time of considering the planning application it was acknowledged that during this period there might be the likelihood of uncontrolled odours until works have stabilised.

Following consideration the Committee agreed that:-

(i) Environmental Health and Development Control continue to monitor the situation closely to effect a remedy;

(ii) Environmental Health maintain monthly meetings with the agencies responsible for the plant to ensure remedial work is progressing at a suitable pace; and

(iii) Should there be a lack of co-operation or progress to remedy the matter, further consideration will be given to taking appropriate enforcement action by both Environmental Health and Development Control.

h:\planning\minutesEN20030212M0 54

7. FISHING INDUSTRY

On the invitation of the Chairman the meeting heard a statement by Councillor Jappy in regard to the current position relating to the Fishing Industry. He referred to the terms of a letter sent by the Chairman to the Minister for Environment and Rural Development on 7 February 2003 which intimated that, whilst an allocation of £50m to support the industry was welcomed, the £40m of the total towards decommisioning was considered excessive and would do nothing to sustaining a viable fishing fleet and requested that further consideration be given to the terms of the assistance package with the emphasis away from decommisioning. He also referred to a meeting of the Rural Development Committee held in Aberdeen on 11 February 2003 at which a presentation was given by Raymond Bisset, Convener of Aberdeenshire Council on behalf of the North East of Scotland Fisheries Development Partnership. He also advised of the Scottish Fishing Services Association which had recently been formed to represent the fishing services sector which would be badly affected by the recent white fish sector conservation measures. He futher advised it was understood that there was to be a debate in the Scottish Parliament next week to discuss the outcome of the various submissions/concerns expressed by the fishing communities and on their behalf by the various organisations including The Moray Council.

In noting the statement the meeting also noted that the Council would continue to carefully monitor the situation and make its views known, as and when appropriate, with a view to protecting the fishing industry and that in making its representations the Council had emphasised the need that in regard to decommisioning the situation as it applied to crews should not be forgotten.

8. TEAROOM ALICE LITTLER PARK ABERLOUR

There was submitted a report by the Director of Environmental Services inviting the Committee to consider formalising the current occupancy of the tearoom at Alice Littler Park, Aberlour by Aberlour Community Association and, if so minded, to instruct the Head of Estates Services to negotiate provisional terms for a lease and report further thereon to a future meeting of this Committee.

Following consideration the Committee agreed to instruct the Head of Estates Services to negotiate provisional terms for a lease with the Aberlour Community Association who currently occupy and operate the Tearoom at the Alice Littler Park Aberlour and report thereon to a future Meeting of this Committee for approval

9. GRAMPIAN FOOD AWARDS 2003

Under reference to Paragraph 11(iii) of the Minute of meeting of this Committee dated 29 May 2002 there was submitted a report by the Director of Environmental Services inviting the Committee to consider supporting the annual Grampian Food Awards and to recommend to the Policy and Resources Committee that a contribution of £1,900 be awarded towards the cost of the 2003 event to be held in Aberdeen on 2 April 2003 to be met from the Corporate Economic Development Activities budget. The Committee was also invited to consider, subject to the Policy and Resources Committee approving the contribution, nominating 5 representatives to attend the event.

The meeting noted that the annual awards had been run since 1991 by Grampian Regional Council and since Local Government reorganisation by Aberdeenshire Council with the financial support from Aberdeen City and Moray Councils. The aim of the awards being to stimulate new product development and raising quality standards amongst food producers in the north-east of Scotland.

Following consideration the Committee agreed:-

(i) to support the 2003 Grampian Food Awards;

(ii) to recommend to the Policy and Resource Committee approval of a contribution of £1,900.00 towards the costs of the 2003 event to be met from the Corporate Economic Development Activities Budget; and

(iii) that the Council be represented at the Awards, on 2 April 2003, by Councillors Bisset, Coutts & Howe and two Officers, to be nominated by the Director of Environmental Services, subject to Policy and Resources approving the contribution towards the event.

h:\planning\minutesEN20030212M0 55

10. CORPORATE ECONOMIC DEVELOPMENT ACTIVITIES BUDGET

There was submitted a report by the Director of Environmental Services summarising expenditure, to date, from the Corporate Economic Development Activities budget which indicated a balance of £37,400 and invited the Committee to consider a number of activities/projects which, if approved, would prepare the way for the Council’s economic development programme in 2003/4.

Following consideration Councillor Ettles, seconded by Councillor Bothwell, moved that the recommendations set out in the report be approved with the exception of the proposed contribution of £2,000 towards the scallop research project given that in her opinion it was not appropriate, in the interests of consumers, to consider raising the existing threshold toxicity levels.

As an Amendment Councillor Aldridge, seconded by Councillor Jappy, moved approval of the proposals set out in the recommendations to the report.

On a division there voted:-

For the Motion (4) - Councillors Ettles, Bothwell, Burgess and Shaw

For the Amendment (19) - Councillors Aldridge, Jappy, Bisset, Coutts, Divers, Hamilton, Hogg, Howe, Keith, Leslie, Longmore, Paul, Shepherd, Sim, Towns, Urquhart, Watt, Wilson and Young

Abstentions (1) - Councillor Gorn

Accordingly the amendment became the finding of the meeting and the Committee agreed:-

(i) to support the fishing industry by contributing £2,000 towards the Scallop Research project;

(ii) the programme of additional activities to market Moray as a specific film location with a budget of £4,000;

(iii) the appointment of a consultant to investigate the viability of setting up a school of fine furniture with a contribution of up to £7,000;

(iv) to engage the Scottish Agricultural College to collate statistical information on agriculture in Moray at a cost of £2,500;

(v) to note the £5,000 contribution towards the Fishing Impact Study approved by the Full Council on 29th Jan 2003;

(vi) to recommend to the Policy and Resources Committee of 12 February 2003 that the funding required for a) to d) above be met from the Corporate Economic Development Activities budget; and

(vii) to consider a future report to review priorities and projects for the Corporate Economic Development Activities Budget and make recommendations thereon to the Policy and Resources Committee.

11. EXTERNAL FUNDING : ANNUAL REPORT

There was submitted a report by the Director of Environmental Services informing the Committee of the work of the external funding service which provides information, training advice and support for assessing funding from European, lottery and other sources for activities which fall within the Council’s service plans. The meeting noted that the service provided is available in house as well as to individuals, other statutory bodies, businesses, community groups and voluntary organisations in Moray.

h:\planning\minutesEN20030212M0 56

There was attached, as Annex A to the report, a list of the 12 European applications which were approved during 2002 and outline details of multi-annual projects which received approval in previous years which are still in operation. There was also attached, as Annex B to the report, details of lottery awards in Moray for the period April 2001 to January 2003 and, more specifically, developments within community and heritage lottery funding. The report also recommended the need for consideration to be given to revenue funding being made available to assist in the funding of heritage projects.

Following consideration the Committee agreed to:-

(i) note the range of services provided by the European and External Funding service and the successful securing of external funding for projects in Moray;

(ii) approve the continuing development of activities within the Unit, with the aim of maximising and monitoring funding for projects which fall within The Moray Council’s Service Plans;

(iii) recommend to the Policy and Resources Committee approval of the use of the Corporate Economic Development Activities Budget for Heritage projects where they demonstrate local economic benefit;

(iv) that an information report be issued on the seven projects being developed for applications during 2003/04 to the Heritage Lottery fund in partnership between the Moray Council, Moray Badenoch & Strathspey Enterprise and the Voluntary sector;

(v) that Councillor Gorn be advised of the details of the Ecologia Trust project referred to in the Appendix to the report relating to lottery funding awards in Moray during April 2001 - January 2003; and

(vi) that the Committee's appreciation of the assistance given to the voluntary sector be conveyed to the staff concerned.

On the conclusion of this item Councillor Bisset left the meeting.

12. ESTABLISHMENT OF AN APPRENTICE MECHANIC POST WITH FLEET SERVICES

There was submitted a report by the Director of Environmental Services inviting the Committee to consider, and if so minded, recommend to the Policy and Resources Committee the establishment of an apprentice mechanic's post within the Fleet Services Vehicle Maintenance Section.

Following consideration the Committee agreed to recommend to the Policy and Resources Committee the establishment of the post of apprentice mechanic within the Fleet Services, Vehicle Maintenance Section.

13. MORAY FLOOD ALLEVIATION SCHEMES : PROGRESS

Under reference to Paragraph 12 of the Minute of meeting of this Committee dated 15 January 2003 there was submitted a report by the Director of Environmental Services updating the Committee on the Moray Flood Alleviation Schemes programme in regard to proposed short term works to relieve flooding in Rothes which had been developed in consultation with the community, following a public meeting on 3 February 2003 in Rothes, and the outcome of the review of design criteria and resourcing for the Elgin Flood Prevention Scheme following the flooding on 15-17 November 2002.

Following consideration the Committee agreed to:-

(i) note the review of design criteria following the flooding of 15-17 November 2002;

(ii) approve the short-term works planned for Rothes, funded from existing allocations, and that Rothes be included in the Moray Flood Alleviation Schemes in the forthcoming review of the Capital Plan; and

h:\planning\minutesEN20030212M0 57

(iii) that the Committee's appreciation of the work at Linkwood Cottages, Elgin be conveyed to the staff concerned.

14. COUNCIL MEMBERSHIP OF HIGHLANDS AND ISLANDS STRATEGIC TRANSPORT PARTNERSHIP (HITRANS)

There was submitted a report by the Director of Environmental Services inviting the Committee to consider membership of HITRANS which is a partnership of local authorities established for the purpose of developing transport facilities in the north-east of Scotland with the aim of improving accessibility for all those living, working in or visiting the Highlands and Islands in order to promote social inclusion and encourage economic development while safeguarding the unique cultural and environmental heritage of the region.

There was also attached, as an Appendix to the report, a copy of the proposed constitution for the Partnership for the Committee’s consideration should it agree that the Council should become a member.

Following consideration the Committee agreed to:-

(i) the Council becoming a member of HITRANS the cost of which to be funded from Roads admin and management overhead costs which are recharged to individual jobs carried out by the service;

(ii) that an evaluation of the Council's membership be undertaken at the end of the first year and a report thereon submitted to this Committee;

(iii) the Head of Direct Services signing the Constitution on behalf of the Council; and

(iv) the Council being represented at meetings of HITRANS by the Chairman of the Environmental Services Committee, whom failing.

15. LIST OF REPORTS ISSUED FOR INFORMATION

In terms of the Council's decision of 14 July 1999 (Paragraph 6(a) of the Minute refers) in regard to the issuing of reports for information the Meeting noted that the undernoted reports had been issued under separate cover, copies of which had also been made available at the Council's Access Points and Public Libraries:-

· Lists of Leases and Rent Reviews Submitted for Noting – Report by Head of Estates Services · Lists of Planning Appeals for Noting – Report by Chief Legal Officer

16. WASTE IMPLEMENTATION PLAN UPDATE

Prior to considering this item Councillors Gorn & Hamilton left the meeting.

Under reference to Paragraph 13 of the Minute of Meeting of this Committee dated 27 August 2002 there was submitted a report by the Director of Environmental Services advising the Committee of progress of the Council’s Waste Implementation Plan which has been submitted as a bid for strategic waste funding to the Scottish Executive for consideration and approval, a copy of which is attached as Appendix 1 to the report.

There was also attached as Appendix 2 to the report details of additional staff required and proposed minor changes to the Waste Management Section Staffing structure which will be required to enable the objectives of the Waste Implementation Plan to be met and the meeting noted that all additional costs associated with additional staffing form part of the bid to the Scottish Executive and that without the additional staff required the Waste Implementation Plan would not be achievable.

Prior to considering the report the Waste Management Officer gave a presentation on the Plan and the scale of the proposals and emphasising the reliance on receiving sufficient and timeous finances from the Scottish Executive Strategic Waste Fund and thereafter the Waste Management Officer and the Environmental Protection Manager responded to questions.

h:\planning\minutesEN20030212M0 58

The Committee, in expressing it's appreciation for the informative presentation, agreed to note the report and that a copy of the presentation overheads be circulated to Members.

17. DAMAGED BRIDGE AT PARKMORE, DUFFTOWN

On the invitation of the Chairman the meeting heard a statement by Councillor Wilson in regard to a further road closure in the Dufftown area, as a result of a lorry colliding with the bridge at Parkmore, Dufftown. This had necessitated the closure of the Dufftown/Keith road which has resulted in three roads in the area being closed. The A95 being closed at Auchlunkart, near Mulben, as a result of heavy rain in November which caused a crack in the road and that this weather was also responsible for a landslide on the Dufftown – Maggieknockater road. He also expressed the view that the recent closure may not have happened had it not taken so long for Bear Scotland to repair the A95 and have it reopened.

The meeting also noted the views and extreme concern of other Members in regard to what was becoming an isolated community and that an early meeting should be sought with the Depute Minister for Enterprise, Transport and Lifelong Learning with a view to getting the A95 reopened. The meeting also noted that in regard to the landslip on the Dufftown – Maggieknockater road major reconstruction is required before it can reopen and the Council is currently facing problems in acquiring land to realign the road and as the bridge at Parkmore is not in the ownership of the Council the view was expressed that the Scottish Executive should be approached seeking powers to deal with these problems.

Following consideration the Committee agreed:-

(i) to seek an early meeting with the Deputy Minister for Enterprise, Transport & Lifelong Learning;

(ii) that the Council be represented at the meeting with the Minister by the Chairman, Councillors Wilson and Paul and appropriate officials; and

(iii) that the legal and technical issues relating to the damaged bridge be investigated and appropriate action taken to ensure a speedy resolution which would allow the road to re-open.

On the conclusion of this item Councillor Bothwell left the meeting.

18. STAFFING ARRANGEMENTS WITHIN WASTE MANAGEMENT - (Para. 1)

There was submitted a report by the Director of Environmental Services inviting the Committee to consider recommending to the Policy and Resources Committee the appointment of a replacement Cleansing Officer prior to the retirement of the current postholder in November 2003.

Following consideration the Committee agreed to recommend to the Policy and Resources Committee the early appointment of a replacement Cleansing Officer, to commence employment in April 2003 or as soon as possible thereafter.

19. LISTS OF LEASES SUBMITTED FOR APPROVAL (Para. 9)

There was submitted a report by the Head of Estates Services inviting the Committee to consider the terms of three leases, as set out in the amended Appendix to the report, relating to Portknockie Harbour, 7, 8 and 9 March Lane, Buckie and a site at Coulardbank Industrial Estate, Lossiemouth.

Following consideration the Committee agreed to approve the terms of the three leases, as detailed in the Appendix, to the report.

20. PROPOSED EXCAMBIAN OF GROUND AT ABERLOUR COALYARD/SPEYSIDE WAY, ABERLOUR (Para. 9)

There was submitted a report by the Head of Estates Services inviting the Committee to consider approving the terms of an excambion of land between the Council and Genesis Properties (Scotland) Limited at Alice Littler Park and Aberlour Coalyard

h:\planning\minutesEN20030212M0 59

Following consideration the Committee agreed to approve the provisional terms of the excambion, as detailed in the report, and that it be remitted to the Principal Solicitor (Commercial and Conveyancing) to conclude the transaction.

21. LARGE INDUSTRIAL UNITS, KEITH (Para. 9)

There was submitted a report by the Head of Estates Services updating the Committee on the position with regard to large industrial units in Keith and seeking approval of a strategy, as detailed in the report, to assist productive use of these properties. There was also attached as Appendices 1 – 3 respectively details of the 8 large units located in Keith giving details of the leases of these units occupied, an analysis of floor space by settlement and the number of large industrial premises by settlement.

The meeting noted that a Best Value Review of the Council's industrial estates had concluded that the Industrial Portfolio service should be maintained by the Council subject to the implementation of a Service Improvement Plan. The Best Value Review and the Service Improvement Plan arising from the Review were noted by the Council's Audit and Performance Review Committee at its meeting of 28 August 2002 (para 4 of the Minute refers) and that one of the areas for improvement identified, within the Service Improvement Plan, was to address the issue of an apparent over supply of large industrial units in Keith and establish a strategy for bringing the units into productive use.

Following consideration the Committee agreed to:-

(i) note the improvement in occupancy levels of the large industrial units in Keith;

(iv) officials pursuing the strategy summarised in the report to effect productive use of the large industrial units in Keith; and

(iii) promote the inclusion of the ground/yard with Unit D.

h:\planning\minutesEN20030212M0