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ANGUS COUNCIL

MINUTE of MEETING of the DEVELOPMENT CONTROL COMMITTEE held in the Town and County Hall, on Thursday 15 April 2004 at 6.00pm

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

In attendance: Councillors IAN MACKINTOSH and KITTY RITCHIE.

Councillor McGLYNN, Convener, in the Chair.

1. DECLARATIONS OF INTEREST

Councillor King declared a non-financial interest in item 3 - application No 04/00220/FUL (Extension to dwellinghouse at 5 Salisbury Place, ) as he was a notifiable neighbour.

Councillor Selfridge declared an interest in item 5(q) as he was a Director of the Charitable Trust and indicated he would be leaving the meeting during consideration of the item.

Councillor Leslie Melville indicated that in relation to item 5(k) her son was acting as an agent for an objector to the application but she had not discussed the application with him in any way and that in relation to item 5(l), she had listened to the objectors’ views in relation to the planning application.

Councillor Lumgair indicated that he had received a telephone call from the applicant in relation to item 5(c).

2. DEPUTATIONS

The Committee agreed, in accordance with Standing Order 12, to hear two deputations in connection with item 5(v) Road, - Assessment for Conservation Area Status from Mark Guild, Managing Director of Guild Homes (Tayside) Limited and Mrs Christine Horrocks, Brechin Road Action Group.

Mr Guild addressed the meeting and expressed his support, in principle, to the proposal that part of Brechin Road, Kirriemuir be made a Conservation Area, but questioned the timing and assessment of the proposal and the procedures which had been used to date.

Mrs Horrocks also addressed the meeting and expressed BRAG’s full support of the proposal. She welcomed the forthcoming public consultation period.

The Convener then invited the Director of Planning and Transport to respond to some of the points raised by Mr Guild. Mr Anderson emphasised that it was premature for him to express a final opinion on whether or not the area in question should be designated with formal conservation status. He felt it was a candidate for such status given the representations which had been made to the Council by BRAG and others, but he would wish to hear a wider range of views on the merits of the proposal from the public of Kirriemuir, and the consultation would allow this.

Following the deputations, Councillor McGlynn thanked Mr Guild and Mrs Horrocks for their attendance.

3. MINUTES OF PREVIOUS MEETINGS

The minutes of meetings of this Committee of 19 February and 11 March 2004, were submitted, approved as correct records and signed by the Convener.

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4. BUILDING WARRANTS

The Committee noted that during the period 1 March-1 April 2004, a total of two Staged Warrants, three Demolition Warrants, 23 Amendments to Warrants and 180 Building Warrants had been approved with an estimated cost of £4,417,414.

5. PLANNING APPLICATIONS

(a) Delegated Approvals

There was submitted Report No 415/04 by the Director of Planning and Transport detailing the planning applications granted by him in accordance with the Scheme of Delegation appended to Standing Orders during the period 11 March-7 April 2004.

The Committee agreed to note the applications detailed in the Appendix to the Report granted under delegated powers during the period 11 March - 7 April 2004.

(b) 12 Trinity Fields, Brechin

There was submitted Report No 416/04 by the Director of Planning and Transport detailing application No 04/00139/FUL by Mr & Mrs Reid for the extension to a dwellinghouse at 12 Trinity Fields Crescent, Brechin.

The Committee noted that the applicant had withdrawn the application.

(c) Land at West Laverockhall,

There was submitted Report No 417/04 by the Director of Planning and Transport detailing application No 04/00106/OUT by N Patterson for the outline erection of a dwellinghouse on land at West Laverockhall, Carmyllie, Arbroath. The application was recommended for refusal.

Slides were shown and Mr Brunton, the applicant’s agent, addressed the meeting.

Councillor McGlynn, seconded by Councillor King, moved that the application be refused for the reasons detailed in the Report.

COUNCILLOR LUMGAIR, SECONDED BY COUNCILLOR HENDERSON, MOVED AS AN AMENDMENT, THAT THE APPLICATION BE DEFERRED TO ALLOW FOR FURTHER DISCUSSION WITH THE APPLICANT.

On a vote being taken, the members voted:-

For the motion:-

Councillors McGlynn, King and Selfridge (3);

For the amendment:-

Councillors Ellis, Gaul, Henderson, Lumgair, Leslie Melville, Oswald, Speirs and Spink (8).

The amendment was declared carried resulting in the application being deferred.

(d) 35 Southesk Street, Brechin

There was submitted Report No 418/04 by the Director of Planning and Transport detailing application No 04/00185/FUL by Mr A Salam for the change of use from vacant shop to form hot food takeaway at 35 Southesk Street, Brechin. The application was recommended for refusal.

Slides were shown.

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

(e) 20 Gagiebank,

There was submitted Report No 462/04 by the Director of Planning and Transport detailing application No 04/00200/FUL by Mr & Mrs McPhee for an attic conversion at 20 Gagiebank, Wellbank. The application was recommended for refusal.

Slides were shown and Mr Doig, the applicants’ representative, addressed the meeting and circulated photographs to the Committee.

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

(f) Land Adjacent to Animal Welfare Centre, Petterden

There was submitted Report No 463/04 by the Director of Planning and Transport detailing application No 03/01450/OUT by Lorraine Tasker for the outline erection of a dwellinghouse on land adjacent to the Animal Welfare Centre, Petterden.

The Committee noted that the applicant had withdrawn the application.

(g) Paddock at Glenhill, 15 Kinnordy Road, Kirriemuir

With reference to Article 3(h) of the minute of meeting of this Committee of 11 March 2004, there was submitted Report No 464/04 by the Director of Planning and Transport detailing application No 04/00045/OUT by Breconsgate Ltd for the erection of seven dwellinghouses on land at The Paddock, Glenhill, 15 Kinnordy Road, Kirriemuir.

The Committee agreed that the application be deferred to the next meeting of the Committee.

(h) Land at Harlaw, Kinnordy Road, Kirriemuir

With reference to Article 3(g) of the minute of meeting of this Committee of 11 March 2004, there was submitted Report No 465/04 by the Director of Planning and Transport detailing application No 04/00042/OUT by Breconsgate Ltd for the erection of nine dwellinghouses on land at Harlaw, Kinnordy Road, Kirriemuir.

The Committee agreed that the application be deferred to the next meeting of the Committee.

(i) Land Adjacent to Olimuir, Kirriemuir

There was submitted Report No 466/04 by the Director of Planning and Transport detailing application No 03/01498/OUT by Mr A Barclay for the erection of a dwellinghouse on land adjacent to Olimuir, Kirriemuir. The application was recommended for refusal.

Slides were shown and Councillor Mackintosh, the local member, addressed the meeting followed by Mr Graham, the applicant’s architect, and Mr Barclay, the applicant.

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

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(j) Telephone Exchange, Canmore Street, Forfar

There was submitted Report No 468/04 by the Director of Planning and Transport detailing application No 03/01547/TEL by Crown Castle International for the installation of a 15 metre high telecommunications monopole, three antennae, two transmission dishes and associated ancillary equipment at Forfar Telephone Exchange, Canmore Street, Forfar.

The Committee noted that the applicant had withdrawn the application.

(k) Land at Bearehill/Rosehill, Castle Street, Brechin

There was submitted Report No 469/04 by the Director of Planning and Transport detailing application No 03/01453/FUL by A & J Stephen Limited for the erection of 93 houses, roads, footpaths and associated works on land at Bearehill/Rosehill, Castle Street, Brechin. The application was recommended for approval.

Slides were shown and Mr Malcolm, Brechin City Trust, and Mr Stevens, an objector, addressed the meeting. Paul Fretwell, the applicants’ architect from Voigt Partnership, addressed the concerns of the objectors.

The Committee agreed that the application be approved as detailed in the Report subject to the following revisals to condition (3) and two additional conditions (18 and 19):-

3(a) details of all existing finishing materials for dwellinghouses and individual access/turning areas for dwellinghouses, said details shall provide for the roofs of the dwellinghouses to be finished in natural slate or tiles to match the appearance of slate;

3(c) details of play equipment to be provided within the play area/village green including timescale for provision;

3(e) a scheme for the management and maintenance of open space, footpaths and boundary walls within the development;

3(h) details of phasing for development of the site, which shall include the completion of the entrance gateway from Castle Street with stone walls formed as the first phase, and completion of no more than 25 No dwellinghouses within any 12 month period;

18. That all footpaths shall be constructed to an adoptable standard as required by Angus Council’s Director of Roads and to the satisfaction of the local planning authority.

19. That the entrance gateway from Castle Street shall be formed in natural stone, a sample of which shall be provided for the prior approval of the Director of Planning and Transport.

Reasons:

18. In the interests of pedestrian safety.

19. In the interests of visual amenity.

(l) Land at Rose Cottage, , Brechin

With reference to Article 3(b) of the minute of meeting of this Committee of 24 October 2002, there was submitted Report No 470/04 by the Director of Planning and Transport detailing application No 04/00168/FUL by Mr George Henderson for the erection of a dwellinghouse on land at Rose Cottage, Little Brechin, Brechin. The application was recommended for approval.

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Slides were shown.

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

(m) Site at Ardoch of Gallery Farm, Logie Pert, by Montrose

There was submitted Report No 471/04 by the Director of Planning and Transport detailing application No 04/00192/OUT by Messrs D A Officer for the outline erection of a dwellinghouse on a site at Ardoch of Gallery Farm, Logie Pert, by Montrose.

The Committee agreed that the application be deferred.

(n) Site at Flocklones, Invergowrie

There was submitted Report No 473/04 by the Director of Planning and Transport detailing application No 04/00171/FUL by G L Residential for the change of house type (plot 4) and the erection of four dwellinghouses at Flocklones, Invergowrie. The application was recommended for approval.

Slides were shown.

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

(o) Land at Smiddyhill,

There was submitted Report No 474/04 by the Director of Planning and Transport detailing application No 03/01488/OUT by D W Gardiner for the outline erection of a dwellinghouse on land at Smiddyhill, Kirkbuddo. The application was recommended for approval.

Slides were shown.

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

(p) 29 Village, Marywell, Arbroath

There was submitted Report No 476/04 by the Director of Planning and Transport detailing application No 04/00163/FUL by Mr and Mrs Ebsworth for the replacement of existing cattery sheds at 29 Marywell Village, Marywell, Arbroath. The application was recommended for approval.

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

Councillor Selfridge left the meeting during consideration of the following item.

(q) Land at Greenlawhill, Barry

There was submitted Report No 477/04 by the Director of Planning and Transport detailing application No 04/00208/FUL by D J Laing Homes Limited for the change of house types on land at Greenlawhill, Barry. The application was recommended for approval.

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

(r) 65 East High Street, Forfar

There was submitted Report No 478/04 by the Director of Planning and Transport detailing application No 04/00113/FUL by The Royal Bank of Group for alterations to the building at 65 East High Street, Forfar. The application was recommended for approval.

Slides were shown and Mr Hardie, an objector, addressed the meeting.

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The Committee agreed that the application be approved, subject to the following additional condition:-

3. That the proposed lighting to the rear of the building shall be of a specification that is either heat or motion sensitive. The said lights shall not be permanently illuminated outwith business hours.

Reason:

3. In the interests of residential amenity.

(s) East Coast Viners, Alfred Street, Montrose

There was submitted Report No 479/04 by the Director of Planning and Transport detailing application No 04/00170//TEL by T-Mobile (UK) Limited for the installation of three Airwave antennae, one GPS antenna and equipment cabin at East Coast Viners, Alfred Street, Montrose.

The Committee agreed that the application be deferred to the next meeting of the Committee.

At 8.55 pm, the Committee agreed, in accordance with Standing Order 20(8), that the meeting should continue until the business was concluded.

(t) Mill Quarry and Waulkmill Quarry, Arbroath

There were submitted Reports by the Director of Planning and Transport, namely:-

(i) No 480/04 detailing application No 02/01290/MIN by Robert Ottiwell Ramsay Trust for the quarrying, crushing, screen and bitumen coating of hard rock at Boysack Mill Quarry, Arbroath. The application was recommended for conditional approval subject to a Section 75 Agreement; and

(ii) No 481/04 detailing application No 03/01068/MIN by D Geddes (Contractors) Limited for the extension to quarry excavation area at Waulkmill Quarry, Arbroath. The application was recommended for conditional approval subject to a Section 75 Agreement.

Slides were shown.

Following a number of questions being asked of the Director of Planning and Transport in relation to the planning applications, the Committee agreed that both applications be deferred meantime.

6. BRECHIN ROAD, KIRRIEMUIR – ASSESSMENT FOR CONSERVATION STATUS

There was submitted Report No 475/04 by the Director of Planning and Transport which advised that a Character Appraisal had been undertaken of Brechin Road, Kirriemuir as the preliminary stage in assessing whether the area merited Conservation Area status. It was proposed to undertake consultation on the Character Appraisal and report the findings back to the next suitable meeting of the Committee.

The Report indicated that there was no standard specification for Conservation Areas. The statutory definition was “areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance”. As part of the process in determining whether an area had sufficient merit to warrant designation, the following broad criteria applied:-

• whether the area had special architectural and/or historical importance; • whether it had a distinct character; • what its value was within the wider context of the village or the town in which the area was situated; and • what was its present condition.

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Slides were shown and Mr Paul Mitchell, Conservation Officer, was heard.

The Committee agreed that the Director of Planning and Transport be remitted to undertake public consultation on the desirability of designating part of Brechin Road, Kirriemuir as a Conservation Area under the meaning of Section 61 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and to report the findings in due course to this Committee.

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