1 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. 2 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.” 3 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. 4 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.