Development Control

ANGUS COUNCIL

MINUTE of MEETING of the DEVELOPMENT STANDARDS COMMITTEE held in the Town and County Hall, Forfar on Tuesday 8 January 2008 at 10.00 am.

Present: Councillors JOHN RYMER, ALISON ANDREWS, COLIN BROWN, FRANK ELLIS, IAIN GAUL, ALEX KING, Provost RUTH LESLIE MELVILLE MBE, Councillors RALPH PALMER, MARK SALMOND, ROBERT SPINK and PAUL VALENTINE.

Councillor RYMER, Vice-Convener, in the Chair.

1. APOLOGIES

Apologies for absence were intimated on behalf of Councillors David Lumgair and Helen Oswald.

2. DECLARATIONS OF INTEREST/INTIMATIONS OF CONTACT

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

• Councillor Brown declared an interest in item 10, application number 07/01439/FUL and 07/01440/LBC as he knew the applicant. He advised that he would be taking part in the discussion and voting.

• Councillor Ellis intimated that he had received an email in respect of item 29(b), Smeaton Plant Hire, Valleyfield, Kirkbuddo. He had also received correspondence from a third party which had been left at his home. The applicant had visited his home for procedural advice only and to collect the correspondence. He advised that he would be taking part in the discussion and voting (Declared Part 2 – 2 pm).

• Councillors Rymer, Andrews, Brown, Gaul, King, Leslie Melville, Palmer, Salmond, Spink and Valentine intimated that they had received an email in respect of item 29(b), Valleyfield, Kirkbuddo. They advised that they had not replied or expressed a view and would therefore be taking part in the discussion and voting.

• Councillor Leslie Melville declared an interest in item 29, 18 Caldhame Gardens, as a relative was involved in the case. She advised that she would not be taking part in the discussion and voting. She also intimated that in relation to item 29, The Logan Liff, she had a vague acquaintance with a Director of Westwater Homes.

• Councillor Valentine declared an interest in item 29 as a former season ticket holder at Montrose FC. He advised that he would be taking part in the discussion and voting.

3. MINUTES OF PREVIOUS MEETINGS

The minutes of meetings of this Committee of 13 November and 4 December 2007 were approved as correct records and signed by the Convener.

4. BUILDING WARRANTS

The Committee noted that during the period 26 November - 14 December 2007, a total of 2 Staged Warrants, 2 Demolition Warrants, 3 Amendments to Warrants and 72 Building Warrants had been approved with an estimated cost of £7,790,000.

PLANNING APPLICATIONS

5. DELEGATED APPROVALS

There was submitted Report No 35/08 by the Director of Infrastructure Services detailing the applications determined by the Head of Planning and Transport in accordance with the Scheme of Delegation appended to Standing Orders.

The Committee agreed to note the 60 applications determined under delegated powers during the period 27 November - 20 December 2007.

6. ARBROATH LIBRARY, HILL TERRACE, ARBROATH

There was submitted Report No 1/08 by the Director of Infrastructure Services detailing application Nos 07/01496/FUL and 07/01497/LBC by Angus Council for the extension to Arbroath Library, Hill Terrace, Arbroath. The applications were recommended for approval.

Slides were shown.

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

7. 16 ERNEST STREET, ARBROATH

With reference to Article 6 of the minute of meeting of this Committee of 25 September 2007, there was submitted Report No 2/08 by the Director of Infrastructure Services detailing application No 07/00359/FUL by J Ogilvie for the conversion of roof space to form a dwellinghouse at 16 Ernest Street, Arbroath. The application was recommended for refusal.

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

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

8. 4 CHURCH STREET, BRECHIN

There was submitted Report No 3/08 by the Director of Infrastructure Services detailing application Nos 07/01064/FUL and 07/01065/LBC for the change of use from residential property to non residential area (display area) for Angus Council at 4 Church Street, Brechin. The applications were recommended for approval.

Slides were shown.

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

9. GARDEN GROUND AT 2 BALMACHIE ROAD, CARNOUSTIE

With reference to Article 9 of the minute of meeting of this Committee of 4 September 2007, there was submitted Report No 4/08 by the Director of Infrastructure Services which detailed a proposed amendment to the wording of a Section 75 Agreement for planning application No 07/00068/FUL for the erection of a dwellinghouse for Mr and Mrs Rowe on garden ground at 2 Balmachie Road, Carnoustie.

The Report noted that the applicant’s solicitor had requested that the wording of the proposed Section 75 Agreement be amended as follows:-

“ the dwellinghouse, garage and pertinents relative thereto to be erected on the Planning Permission Subjects shall only be occupied by a person, or persons, who own, manage or are employed in association with the adjacent Home at Braehill Lodge, 2 Balmachie Road, Carnoustie, erected on the Larger Subjects with his, her or their immediate household, all for purposes ancillary to the running of the adjacent Nursing Home at Braehill Lodge, aforesaid which shall include temporary accommodation for relatives of residents during periods of respite care, short term respite care of persons who may or may not be accompanied by their own carer (subject to registration from the Care Commission) or if deemed appropriate sheltered accommodation for the elderly, subject to assist6ance of the staff of the adjacent Home at Braehill Lodge aforesaid or for residents who might otherwise occupy the Nursing Home and that in all time coming.”

Following discussions, the Committee unanimously agreed that the Section 75 Agreement be worded as follows:

“The dwellinghouse, garage and pertinents relative thereto to be erected on the Planning Permission Subjects shall only be occupied by a person, or persons, who owns, manages, or is employed in association with, the adjacent nursing home at Braehill Lodge, Two Balmachie Road, Carnoustie erected on the Larger Subjects with his, her or their immediate household, and that in all time coming.”

10. 14 LITTLE CAUSEWAY, FORFAR

There was submitted Report No 6/08 by the Director of Infrastructure Services detailing application Nos 07/01439/FUL and 07/01440/LBC by Ms J McFarlane for a replacement roof with blue slates at 14 Little Causeway, Forfar. The applications were recommended for refusal.

Slides were shown and Ms McFarlane, the applicant addressed the meeting and circulated photographs.

Councillor King, seconded by Councillor Brown, moved that the application be approved as it would not result in a loss to the character and appearance of the listed building and conservation area if replaced with blue slates and would therefore not be contrary to Policy ENV42 and would be subject to appropriate conditions to be determined by the Committee in due course.

COUNCILLOR PALMER, SECONDED BY COUNCILLOR GAUL, MOVED, AS AN AMENDMENT, THAT THE APPLICATION BE REFUSED FOR THE REASONS DETAILED IN THE REPORT.

On a vote being taken, the members voted:-

For the motion:

Councillors Brown, King, Spink and Valentine (4).

For the amendment:

Councillors Rymer, Andrews, Gaul, Leslie Melville, Palmer and Salmond (6).

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

11. 61B BRIDGE STREET, MONTROSE

There was submitted Report No 7/08 by the Director of Infrastructure Services detailing application Nos 07/01463/FUL and 07/01432/LBC by Mr and Mrs Dryden for replacement windows at 61B Bridge Street, Montrose. The application was recommended for refusal.

Slides were shown.

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

12. FORMER COMMERCIAL STABLES, WESTERN ROAD, MONTROSE

There was submitted Report No 8/08 by the Director of Infrastructure Services detailing application No 07/01402/FUL by Mr and Mrs P Campbell for the retrospective change of use of former stables to Taxi Dispatch Office and Garage with Radio Mast at Commercial Close, Western Road, Montrose. The application was recommended for approval.

Slides were shown.

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

13. 21 GRAMPIAN VIEW, FERRYDEN, MONTROSE

There was submitted Report No 9/08 by the Director of Infrastructure Services detailing application No 07/01517/FUL by Mr and Mrs Paton for the alterations and extension to a dwellinghouse at 21 Grampian View, Ferryden, Montrose.

The Committee noted that the applicant had withdrawn the application.

14. 53 CORONATION WAY, MONTROSE

There was submitted Report No 10/08 by the Director of Infrastructure Services detailing application No 07/01553/FUL by Mr AND Mrs J W Thomson for the alterations and extension to a dwellinghouse at 53 Coronation Way, Montrose.

The Committee noted that the applicant had withdrawn the application.

15. MONIFIETH HIGH SCHOOL, PANMUREFIELD ROAD, MONIFIETH

There was submitted Report No 11/08 by the Director of Infrastructure Services detailing application No 07/01448/FUL by Angus Council for the extension to a school at Monifieth High School. The application was recommended for approval.

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

16. LAND AT BELMONT STREET, NEWTYLE

There was submitted Report No 12/08 by the Director of Infrastructure Services detailing application No 07/01504/FUL by Mr and Mrs P Doig for the erection of a dwellinghouse on land at Belmont Street, Newtyle. The application was recommended for refusal.

Slides were shown and Mr Doig, the applicant, addressed the meeting and circulated photographs.

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

17. 25 JUBILEE COURT, LETHAM

There was submitted Report No 13/08 by the Director of Infrastructure Services detailing application No 07/01388/FUL by Angus Council for the change of use, alterations and extension to the former Warden’s House to Health and Wellbeing Centre at 25 Jubilee Court, Letham. The application was recommended for approval.

Slides were shown.

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

18. BOGGIE COTTAGE, FERN, CARESTON

There was submitted Report No 14/08 by the Director of Infrastructure Services detailing application No 07/01134/FUL by Ms Anna MacKintosh Phoenix for the alterations and extension to a dwellinghouse at Boggie Cottage, Fern, Careston, Brechin. The application was recommended for approval.

Slides were shown.

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

19. 7 OSPREY AVENUE, PIPERDAM

With reference to Article 21 of the minute of meeting of this Committee of 13 November 2007, there was submitted Report No 15/08 by the Director of Infrastructure Services detailing conditions to be attached to planning application No 07/01219/FUL by Mr Connelly for an extension to a dwellinghouse at 7 Osprey Avenue, Piperdam.

The Committee approved the conditions as detailed in the Report.

20. KIRKTON OF KINGOLDRUM FARM, KIRKTON OF KINGOLDRUM, BY KIRRIEMUIR

There was submitted Report No 16/08 by the Director of Infrastructure Services detailing application No 07/01561/FUL by Mr I MacIntosh for the erection of a general purposes farm building at Kirkton of Kingoldrum Farm, Kirkton of Kingoldrum, by Kirriemuir. The application was recommended for approval.

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

21. EASTER OATHLAW FARM, OATHLAW, BY FORFAR

There was submitted Report No 20/08 by the Director of Infrastructure Services detailing application No 07/01420/FUL by Messrs William Orr and Sons for the formation of a new access at Easter Oathlaw Farm, Oathlaw, by Forfar. The application was recommended for approval.

Slides were shown.

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

22. LAND AT SHANNALLY FARM, LINTRATHEN

There was submitted Report No 21/08 by the Director of Infrastructure Services detailing application No 07/01539/FUL by Miss D Beattie for the erection of a house and double garage to include boundary fence on land at Shannally Farm, Lintrathen.

The Committee noted that the applicant had withdrawn the application.

23. LAND AT THE OLD WATERMILL, BALNUITH FARM, BARNS OF CLAVERHOUSE

There was submitted Report No 22/08 by the Director of Infrastructure Services detailing application No 07/01344/FUL by Mr and Mrs Fitzpatrick for the conversion of a steading building to form a dwellinghouse on land at the Old Watermill, Balnuith Farm, Barns of Claverhouse. The application was recommended for approval.

Slides were shown.

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

Councillor Salmond left the meeting at this stage.

At this point, the Committee agreed to adjourn for lunch and reconvene at 2.00 pm.

Councillor Ellis entered the meeting at this stage.

24. SITE AT PARK ROAD, BRECHIN

With reference to Article 26 of the minute of meeting of this Committee of 14 August 2007, there was submitted Report No 23/08 by the Director of Infrastructure Services detailing application No 07/00046/FUL by Westwater Homes for the erection of nine dwellinghouses and the conversion of the granary to form five dwellinghouses on a site at Park road, Brechin.

The Committee agreed that the application be deferred to allow for further discussion on the application.

25. LINKS PARK FOOTBALL GROUND, WELLINGTON STREET, MONTROSE

There was submitted Report No 18/08 by the Director of Infrastructure Services detailing application No 07/01524/FUL by Montrose Football Club Limited for the extension to perimeter fencing along the north boundary, replacement of one existing and erection of two directional floodlights and other minor works including erection of segregation gates and fencing and the erection of turnstiles for Montrose Football club at Links Park Stadium, Wellington Street, Montrose. The application was recommended for approval.

Slides were shown.

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

26. LAND ADJACENT TO TARRIEBANK GARDENS, MARYWELL, ARBROATH

There was submitted Report No 24/08 by the Director of Infrastructure Services detailing application No 07/01602/OUT by Mr A Burnett for the erection of three additional dwellinghouses to residential development on land adjacent to Tarriebank Gardens, Marywell, Arbroath.

The Committee noted that the applicant had withdrawn the application.

27. LAND AT HIGH STREET ADJACENT TO GLENESK HOTEL, HIGH STREET, EDZELL

There was submitted Report No 25/08 by the Director of Infrastructure Services detailing application No 07/01374/FUL by Mr G Craik for the erection of six flats on land at High Street adjacent to Glenesk Hotel, High Street, Edzell.

The Committee noted that the applicant had withdrawn the application.

28. PLANNING APPEAL DECISIONS

(a) Hotel Seaforth, 1 Dundee Road, Arbroath

With reference to Article 27 of the minute of meeting of this Committee of 15 March 2007, there was submitted Report No 26/08 by the Director of Infrastructure Services 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 17 bedroom hotel and a 44 unit flatted development at Hotel Seaforth, 1 Dundee Road, Arbroath.

Slides were shown.

The Committee noted that the appeal had been dismissed.

(b) 233 High Street, Arbroath

With reference to Article 7 of the minute of meeting of this Committee of 31 May 2007, there was submitted Report No 27/08 by the Director of Infrastructure Services detailing the findings of the Reporter appointed by the Scottish Ministers to determine the appeal against the refusal of Angus Council to grant consent for the change of use from class 1 to class 2 at 233 High Street, Arbroath.

Slides were shown.

The Committee noted that the appeal had been upheld and planning permission granted subject to conditions.

With reference to Article 14 of the minute of meeting of this Committee of 19 April 2007, there was submitted Report No 28/08 by the Director of Infrastructure Services 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 and listed building consent for the formation of an external concrete ramp to provide level access to a building at 101-103 High Street, Montrose for the Royal Bank of Scotland Group.

Slides were shown.

The Committee noted that the appeal had been upheld and planning permission granted subject to conditions.

(d) Plot 1 Kirkton Mill, Inverkeillor

With reference to Article 18 of the minute of meeting of this Committee of 21 September 2006, there was submitted Report No 29/08 by the Director of Infrastructure Services 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 at Plot 1 Kirkton Mill, Inverkeillor, Arbroath.

Slides were shown.

The Committee noted that the appeal had been upheld and planning permission granted subject to conditions.

(e) Land at Dusty Drum, Carmyllie

There was submitted Report No 30/08 by the Director of Infrastructure Services which detailed the findings of the Reporter appointed by the Scottish Ministers to determine the appeal against the failure to determine planning application 07/00495/FUL for the erection of three wind turbines and ancillary works on land at Dusty Drum, Carmyllie.

Slides were shown.

The Committee noted that the appeal had been dismissed.

(f) Land at 26 Holding, Murroes

With reference to Article 14 of the minute of meeting of this Committee of 15 March 2007, there was submitted Report No 31/08 by the Director of Infrastructure Services detailing the findings of the Reporter appointed by the Scottish Ministers to determine the appeal against the refusal of Angus Council to grant consent for the erection of a dwellinghouse on land at 26 Holding, Murroes.

Slides were shown.

The Committee noted that the appeal had been dismissed.

29. ENFORCEMENT ACTION

(a) Update Report

There was submitted Report No 17/08 by the Director of Infrastructure Services updating members on the progress of enforcement action previously agreed by the Committee.

Having heard the Head of Planning and Transport, the Committee agreed:-

• to note that a Report on The Steadings, Reswallie Mains, by Forfar would be submitted to the next available meeting;

• to note that the breach of condition notice in respect of 5 Lochbank Gardens, Forfar would be served shortly;

• to note that the owners had appealed the court Action in respect of 1 Broomwell Gardens, Monikie;

• to note the position with regard to No 16 Caldhame Gardens, Brechin;

• to note that a planning application had been lodged in respect of Alma Place, Bucklershead, by Kellas;

• to note the position with regard to land at Brechin Road, Tayock, Montrose;

• to note that further investigations were being undertaken to ascertain the address of the owner in respect of 26-27 High Street, Kirriemuir and that Revenues Section at Invertay House was being contacted to ascertain who was liable for the Council Tax on the building;

• to note that a planning application had been lodged in respect of 112-114 Murray Street, Montrose;

• to note the position with regard to Dorward House, Montrose;

• to note the position with regard to 54 Castle Street, Montrose;

• to note the position with regard to Brewers Fayre, Monifieth;

• to note the position with regard to The 19th Hole, 8 Ferrier Street, Carnoustie;

• to note the position with regard to Trafalgar, Auchmithie;

• to note the position with regard to The Steadings, Greystone, Carmyllie;

• to note the position with regard to Arbroath Cricket Ground, Keptie Road, Arbroath; and

• to note the position with regard to Henderson Park, Loch of Liff Road, Liff, by Dundee.

(b) Smeaton Plant Hire, Valleyfield, Kirkbuddo

There was submitted Report No 32/08 by the Director of Infrastructure Services detailing the circumstances relative to a recommendation to take enforcement action in the event that Mr and Mrs Smeaton failed to make an application for either a Certificate of Lawful Use or planning consent for the plant hire business at Valleyfield, Kirkbuddo. A letter received from Ms Fox, Mr & Mrs Smeaton’s agent, dated 14 December was circulated.

Slides were shown and Ms Fox addressed the meeting.

The Committee agreed to defer consideration of the proposed enforcement action for a period of six weeks to allow further information to be submitted.

There was submitted Report No 33/08 by the Director of Infrastructure Services advising the Committee of the increased need to initiate enforcement action in respect of unauthorised advertisements in the countryside and indicated the intent to adopt a systematic prioritised approach.

The Report indicated that there was a perceived increase in the number of large trailer mounted adverts particularly in rural areas of Angus, many of which had become permanent features on the land adjacent to public roads. This had resulted from a widely held view that these adverts were exempt from advertisement control by virtue of being mounted on a trailer. The number of more traditional hoardings and sign post advertisements without consent had also increased and, over a period of time, there had been complaints from the public about unauthorised advertisements in the countryside.

The Report concluded that the increasing number of unauthorised advertisement signs was beginning to have an impact on the character and amenity of the countryside and it was therefore considered appropriate under existing delegated powers that a systematic approach be adopted by the Head of Planning and Transport to have unauthorised signs removed which did not comply with policy.

The Committee agreed that a further Report on the actions to be carried by the Head of Planning and Transport be submitted in due course.

30. STRATHMARTINE HOSPITAL: OPTIONS

There was submitted Report No 19/08 by the Director of Infrastructure Services which detailed the background to the deterioration of the Category B Listed Building at the former Strathmartine Hospital. It recommended further investigation to form the basis of a future report to the Committee which would provide further information and advice to try and secure the long term future of the listed building.

Slides were shown.

The Committee agreed:-

(i) to note the concerns raised by the local community over the deterioration of the Category B Listed, former Strathmartine Hospital;

(ii) to authorise the Head of Planning and Transport to contact the owner of Strathmartine Hospital to ascertain their intentions in respect of Strathmartine Hospital with a view to the voluntary repair of the listed building;

(iii) to authorise the Head of Planning and Transport to procure a Schedule of Works, and associated costs, for the repair of the Category B Listed former Strathmartine Hospital for the purpose, if required, of serving the owner of the building with an Urgent Works Notice under Section 49 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997;

(iv) to remit the Head of Planning and Transport and the Head of Law and Administration to consider the options for action once recommendations (ii) and (iii) had been discharged; and

(v) to remit to the Heads of Planning and Transport and Law and Administration to report back to the Committee once recommendations (ii) to (iv) had been discharged and to advise the Committee in more detail of the options that were available to secure the long term future of the listed building.

31. DEVELOPMENT MANAGEMENT AND BUILDING STANDARDS - CUSTOMER SATISFACTION

With reference to Article 30 of the minute of meeting of this Committee of 21 June 2007, there was submitted Report No 34/08 by the Director of Infrastructure Services which detailed the level of customer satisfaction in respect of the Development Management and Building Standards services for the period 1 April to 30 September 2007.

In respect of Building Control, 159 responses had been received of which 89% had indicated a level of overall satisfaction of fairly satisfied or very satisfied. In response to individual questions, 79% of respondents had considered that they had been given the advice and help they needed to submit their application. 81% had considered that any queries had been dealt with promptly and 87% of respondents had found the procedures associated with their application easy to understand.

In respect of Development Management, 164 responses had been received, of which 72% were either fairly satisfied or very satisfied. This could be broken down by category with 88% of applicants, 74% of agents and 56% of third party representees being either fairly satisfied or satisfied. In respect of individual questions, 58% of respondents agreed, or strongly agreed, that the advice given was what they required to submit their application/representation, 65% agreed that they were kept informed of the progress of the application they had an interest in. 61% felt that they were dealt with promptly, 63% considered that they had been dealt with helpfully, 73% understood the reason for the decision which had been made on the application they had an interest in and 65% considered that they were treated fairly and that their viewpoint was listened to.

The Committee agreed to note the contents of the Report.