20 April, 1994 In a Meeting of the Planning and Development Committee of the District Council held at Elgin on the Twentieth day of April, Nineteen Hundred and Ninety-four.

PRESENT

Councillors:- I. Lawson (Chairman) W. Jappy E. Aldridge S.D.I. Longmore Mrs. M.E. Anderson L. Mann Mrs. H.M. Cumiskie Mrs. A.M. Scott Mrs. M.M. Davidson Mrs. J.M. Shaw A. Farquharson D.M.A. Thompson A.J. Fleming J. Wilson T.A. Howe

IN ATTENDANCE

Director of Administration and Law Director of Planning and Development Chief Building Control Officer Chief Assistant (Development Control) Chief Assistant (Local Plans and Industry) Senior Planning Assistant (Economic Development)

1. APOLOGIES

Apologies for absence were intimated on behalf of Councillors J.A. Proctor and W.R. Swanson.

2. ADDITIONAL ITEMS

In terms of the relevant Standing Order, the meeting agreed to accept as additional items of business to be transacted at the meeting, reports by the Director of Planning and Development in respect of planning application number 940129 (Plot 3, Moray View Court, , ) and attendance at conferences on 21st April, 1994 and on 10th May, 1994 on the Chairman certifying that, in his opinion, these items required to be considered at the meeting on the grounds of urgency.

3. RESOLUTION

The meeting resolved that in terms of Section 50A(4) of the Local Government () Act 1973, as amended, 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 in Column 1 below so as to avoid disclosure of exempt information of the class described in the appropriate paragraph of Part 1 of Section 7A of the Act as specified in Column 2 below.

Paragraph No. of Minute Paragraph No. of Schedule 7A

24 8 & 9 25 6 26 6 27 6 28 1 29 6 30 13 31 6 32 13 33 13 396

4. PRIOR MINUTE

SUBMITTED:- The Minute of this Committee dated 9th March, 1994 as previously approved subject to amendment by the District Council at its meeting on 16th February, 1994.

DECIDED:- That the Minute be noted.

5. BUILDING (SCOTLAND) ACTS

(i) Applications for Building Warrants noted as approved under delegated powers

SUBMITTED:- A report by the Director of Community Services advising the meeting that he had determined 228 applications for Building Warrants since the last meeting of this Committee in terms of the powers delegated to him.

DECIDED:- That the report be noted.

(a) Applications for Relaxation Recommended for Approval

SUBMITTED:- A report by the Director of Community Services recommending that the following applications for relaxations from the Building Regulations be granted:-

12/940439 Extension to dwellinghouse at 34 Mill Crescent, Buckie for Mr. and Mrs Campbell per Mr. A. Harrison, 65/66 Yardie, Buckie

Regulation 9(S2.10) Requirements with regard to uniformity of stair treads

Regulation 9(S2.17) Requirements with regard to the provision of landings

DECIDED:- That subject, where appropriate, to consultation with the Firemaster and the adjoining proprietors, the relaxations applied for be granted as recommended subject to no objections being received in respect of the draft directions and that thereafter the relevant applications for building warrant be granted in terms of the Building (Procedure) (Scotland) Regulations 1981.

(b) Applications refused

SUBMITTED:- A report by the Director of Community Services recommending that the following applications for relaxations from the Building Regulations be refused:-

15/930938 Alterations to shop at 184 Mid Street, Keith for Mr. D. Hay per Simpson & Wright, 96 Moss Street, Keith

Regulation 9(D2.3) Requirements with regard to non-combustibility

18/931156 Alterations to house and erection of garage at The Bothy, Drumnagrain, for Mr. R. Shelley per Plans Plus, Main Street, Urquhart

Regulations 9(S2.24) Requirements with regard to headroom to stairs 397

DECIDED:- That the above mentioned relaxations be refused.

(c) SUBMITTED:- A report by the Director of Community Services informing the Committee of a further application by Mrs. Battersby for relaxation of Regulation 9 (Technical Standard S2.24) in light of the Secretary of State's agreement with the decision of this Committee on 31st August, 1993 to refuse the relaxation and which was intimated to the Committee at its meeting on 26 January/1 February, 1994 (para 32 refers).

The report also advised that the applicant had revised the original proposal but that this did not result in any increase in headroom to that previously considered and deemed unacceptable by this authority, and thereafter by the Secretary of State and consequently the report recommended that the application for relaxation with regard to Regulation 9 (Technical Standard S2.24) be refused.

DECIDED:- That the application for relaxation of regulation 9(Technical Standard S2.24) be refused.

6. APPLICATIONS FOR PLANNING PERMISSION

(a) Current Applications

ELGIN - NO. 1 WARD

Applications noted as approved under delegated powers

(1) 940012 Erect dwellinghouse on Plot 12 North Lesmurdie, Bishopmill, Elgin for Mr. G.A. Irvine

(2) 940031 Erect illuminated fascia sign at Bishopmill Pharmacy, 20 North Street, Bishopmill, Elgin for Mr. D.A. Ellerby

(3) 940127 Alter and extend existing house at 34 Beech Brae, Bishopmill, Elgin for Mr. C.M. Thomson

(4) 940131 Erect 1 no. dwellinghouse on Plot No. 126 (Revised House Type) at Woodlands Phase 2, Elgin for Robertson Residential

Application noted as approved after consultation with Local Member of Planning Authority

(5) 940209 Erect blockwork garden boundary wall at 20 Anderson Crescent, Bishopmill, Elgin for Mr. and Mrs Gordon

Application approved subject to conditions

(6) 940020 Alter and extend the existing church at Lesmurdie Road, Elgin for The Committee of the True Jesus Church

SUBMITTED:- A report by the Director of Planning and Development recommending that the application for planning permission for the alteration and extension of the existing church at Lesmurdie Road, Elgin for The Committee of the True Jesus Church be permitted subject to conditions. 398

DECIDED:- That the application be referred to Grampian Regional Council as a departure from the Moray District Local Plan and subject to no objections being received from the Regional Council planning permission be granted subject to the following conditions:-

(i) 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 was granted;

(ii) unless otherwise agreed with the District Council, as Planning Authority, the development hereby approved shall be carried out strictly in accordance with the approved plans and conditions;

(iii) unless otherwise agreed with the District Council, as Planning Authority, the roof shall be finished with tiles to match exactly the existing;

(iv) unless otherwise agreed with the District Council, as Planning Authority, the walls shall be finished with roughcast to match exactly the existing;

(v) the first floor living accommodation proposed shall be solely for the use of those whose primary function is with the activities of the church, and such persons shall only occupy the living accommodation whilst it is reasonably necessary for them to do so in relation to the function they are involved with the church;

(vi) prior to the commencement of development full details of boundary treatment and landscaping shall be agreed with the planning authority.

Reasons:

(i) Standard time limit reason stipulated under The Town and Country Planning (Scotland) Act 1972;

(ii) 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;

(iii) and (iv) in order to ensure that the development harmonises with the appearance and character of the surrounding properties and area;

(v) in order to clarify the consent granted and to avoid a potentially new conformity residential use in relation to the main church use;

(vi) in order that the development is adequately screened and to provide a clear separation between the nearby proposed residential development.

ELGIN - NO. 2 WARD

Applications noted as approved under delegated powers

(7) 931394 Erect new double garage and install new double glazing at 22 Cathedral Road, Elgin for Mr. H. McIntosh

(8) 940093 Erect lean-to extension to existing canteen and storeroom at 10 Perimeter Road, Pinefield Industrial Estate, Elgin for Robertson Construction Group

(9) 940112 Alter dwellinghouse and form new rear dormer at 15 Cathedral Road, Elgin for Mr. and Mrs. W. Mills 399

(10) 940119 Erect proposed office accommodation at Moycroft Industrial Estate, Elgin for F. Slowey Limited

(11) 940232 Change of use to labelling packaging and storage depot for woollen goods at Four Seasons Commercial Premises, Grampian Road, Elgin for Johnstons of Elgin Ltd

ELGIN - NO. 3 WARD

Applications noted as approved under delegated powers

(12) 940139 Erect block of 4 lock-up garages in lieu of 3 Springfield Gardens, Elgin for Property Improvements

(13) 940017 Extend existing premises and change of use to bakery (former sawmill workshop), Edgar Road, Elgin for Walkers Shortbread Ltd

ELGIN - NO. 4 WARD

Applications noted as approved under delegated powers

(14) 940063 Erect 12 residential flats at Darliston, Hay Street, Elgin for Robertson Construction Group

(15) 940094 Proposed illuminated signs at Elgin Bus Station, Elgin for Bluebird Northern

(16) 940099 Advertisement signage at former Hydro Electric building at South Street, Elgin for W.D. Johnston & Carmichael

(17) 940113 Change of use from opticians to printers at 7 North Guildry Street, Elgin for Mr. W.E. & Mrs B.W. Mulholland

(18) 940177 Extend dwelling at 5 Grant Street, Elgin for Mr. & Mrs D. Shewan

(19) 940206 Erect a garage at Viewfield, 21 West Road, Elgin for Mr. & Mrs W. Laing

(20) 940235 Erect a domestic garage at 72 Wittet Drive, Elgin for Mr. A. Garrow

Application approved subject to conditions

(21) 930961 Erect extension to domestic dwelling at 8 Moray Place, Elgin for Mr. and Mrs. M. Kemp

SUBMITTED:- A report by the Director of Planning and development recommending that the erection of an extension to domestic dwelling at 8 Moray Place, Elgin for Mr. and Mrs. M. Kemp be permitted subject to conditions.

DECIDED:-

(i) that the applicant be made aware that a fresh application for planning permission would be required in order to subdivide the premises; and

(ii) that planning permission be granted subject to the following conditions:- 400

(a) 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 was granted;

(b) unless otherwise agreed with the District Council, as Planning Authority, the development hereby approved shall be carried out strictly in accordance with the approved plans and conditions;

(c) the consent granted excludes the provision of one off-street car parking space shown on the approved plans;

(d) samples of the ashlar stonework shall be prepared on site for the inspection and approval of the Director of Planning and Development prior to the commencement of site works.

Reasons:

(a) Standard time limit reason stipulated under The Town and Country Planning (Scotland) Act 1972;

(b) 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;

(c) so as not to unduly affect the provision of existing on-street parking arrangements;

(d) in order to ensure that the development harmonises with the appearance and character of the surrounding properties and area.

FORRES - NO. 5 WARD

Applications noted as approved under delegated powers

(22) 931251 Enlarge back garden by purchasing waste ground at 2 Fleurs Avenue, for Mr. & Mrs. Wm. J. Gammie

(23) 940120 Erect new dwelling on flat part of site with adjoining garage at 11 Bailies Road, Forres for Mr. & Mrs. A. Smart

(24) 940198 Alter and extend house at 8 Allan Drive, Forres for Mr. R. Campbell

Application noted as refused after consultation with Local Member of Planning Authority

(25) 931209 Erect a hotel sign Cassieford Farm (bordering A96 road) for Mrs. M. Dingwall

Applications refused

(26) 931401 Erect single storey detached dwelling house and garage on land adjacent to property at Murrayfield, Invererne Road, Forres for Mr. G. Williamson

SUBMITTED:- A report by the Director of Planning and Development recommending the refusal of an application for planning permission to erect a single storey detached dwelling house and garage on land adjacent to property at Murrayfield, Invererne Road, Forres for Mr. G. Williamson

Following discussion, Councillor Mrs. Cumiskie moved that the application be approved as she did not consider the application would detract from the visual appearance of the countryside as the 401 proposed development was within a built up area with a caravan site and furniture site in the immediate vicinity.

The motion however, failed to find a seconder and subsequently fell.

DECIDED:- That planning permission be refused on the following grounds:-

(i) the proposal is contrary to the policies of this Authority for the erection of new dwellinghouses in Countryside Around Towns and open countryside, as specified in the Moray District Local Plan 1993-1998;

(ii) the proposal is contrary to policy no: ENV7 of the Moray District Local Plan 1993-1998 in that:-

(a) a specific locational need for the development has not been established;

(b) the proposal would prejudice the principle of the Countryside Around Towns policy, the purpose of which is to preserve the distinction between built up areas and the countryside; and

(c) the proposed use is not for low intensity recreation;

(iii) the proposal is contrary to policy no: HC10 of the Moray District Local Plan 1993-1998, in that:-

(a) the proposal would not blend sympathetically with existing land forms, or use natural features to provide a backdrop;

(b) the site does not have long established boundaries separating it naturally from the surrounding ground in a manner which would provide a suitable degree of enclosure and integrate the proposed dwelling naturally with the landscape;

(iv) the proposal is contrary to policy no: HC11 of the Moray District Local Plan 1993-1998 in that:-

(a) the proposed dwelling would not relate sensitively to an existing group of buildings;

(b) the proposal would not blend unobtrusively with its surroundings, nor integrate sensitively with the existing land forms; and

(c) it would contribute to a build up of residential development in this locality, which would alter the character of the area, forming a basis for a grouping of buildings unrelated to the existing settlement pattern;

(v) the proposal is contrary to HC6:1 in that at the time of consideration of this application, there was insufficient evidence to satisfy the District Council that ground conditions were suitable for accepting a septic tank and soakaway discharge;

(vi) the proposal is contrary to HC6:2 in that the proposed position of the septic tank is located outside the application site;

(vii) the proposal is contrary to policy no: HC5 of the Moray District Local Plan 1993-1998 in that the design does not complement and enhance the local traditional architecture of the countryside as a result of its overall proportions, gable dimensions and roof pitch;

(viii) approval of the proposal would constitute an undesirable precedent for similar proposals on adjacent land and on other similar sites in the area.

Application refused 402

(27) 940065 Establish food supermarket in ex commercial garage building and demolish external buildings for servicing at Pedigreed Cars, Nairn Road, Forres for Areacentre Limited (outline)

SUBMITTED:- An oral report by the Director of Planning and Development recommending that outline planning permission to establish a food supermarket in the existing commercial garage building and demolish external buildings for servicing at Pedigreed Cars, Nairn Road, Forres for Areacentre Limited be refused.

Following discussion Councillor Mrs. Cumiskie, seconded by Councillor Howe, moved that the application be approved on the grounds that it was an ideal site for a supermarket within a few yards of the town centre which would provide ample parking facilities and give local people the opportunity of choice.

Councillor Lawson, seconded by Councillor Aldridge, moved as an amendment that the application be refused as submitted on the grounds that reasons advanced in the motion were not sufficient to materially overcome the recommendation from the Director for refusal and on the basis that there was an alternative site available which would comply with the provisions of the Local Plan.

On a division there voted:-

For the motion (7) For the amendment (7) Abstentions (1)

Councillors:- Councillors:- Councillors:-

Mrs. Anderson Lawson Farquharson Mrs. Cumiskie Aldridge Howe Mrs. Davidson Fleming Mann Jappy Mrs. Shaw Longmore Thompson Mrs. Scott Wilson

There being an equality of voting the Chairman exercised his casting vote in favour of the amendment which became the finding of the meeting.

DECIDED:- That planning permission be refused on the following grounds:-

(i) the proposal is contrary to the policies of this Authority for the development of shopping outside the central area of Forres, as specified in the Moray District Local Plan 1993-98;

(ii) that the proposal is contrary to policy SHP1, in that:- (a) it is not a neighbourhood shop;

(b) the proposed retailing would not be ancillary to an industrial or commercial business; and

(c) it is not a bulk item shop, where the size of the premises, land requirements or environmental impact proclude location in the central area;

(iii) the establishment of a food retail outlet on the application site would be detrimental to the commercial viability of the town centre as a whole; and

(iv) if approved, an undesirable precedent would be established for other applications of a similar nature which would be contrary to the long term investment by Central and Local Government in improving facilities in the general environment of Forres town centre for purposes such as retailing.

Application deferred 403

(28) 940070 Erect garage and showroom complex at Nairn Road, Forres for Pedigreed Cars

SUBMITTED:- A report by the Director of Planning and Development recommending the refusal of planning permission to erect garage and showroom complex at Nairn Road, Forres for Pedigreed Cars

Following discussion, Councillor Mrs. Cumiskie moved that the application be approved as the proposals complied with the policies of the authority and that the ground proposed for the development was already in the ownership of the applicant. Subsequently following further discussion Councillor Mrs. Cumiskie agreed to withdraw her motion to allow the application to be deferred for further investigations and for a further report on the matter to be submitted to a future meeting of this Committee.

DECIDED:- That consideration of this application be deferred for further investigations and that a further report on the matter be submitted to a future meeting of this Committee.

FINDHORN VALLEY - NO. 6 WARD

Applications noted as approved under delegated powers

(29) 930819 Extend cottage to rear of property at Craigroy Cottage, Halfdavoch, by Forres for Mr. A. Gordon-Cumming

(30) 931238 Build kitchen extension and lean-to conservatory at 11 Whiteinch, for Mr. & Mrs. A. Innes (31) 931361 Erect new dwellinghouse and double garage on ground adjacent to Castle Spina, , by Forres for Mr. I. Abbott

(32) 940108 Demolish superfluous and structurally unstable chimneys (2 No) and install oil tank in garden of former property at Granary Courtyard, for Miss K. Sanderson & Miss K. Philp

(33) 940111 Listed Building Consent: Demolish superfluous and structurally unstable chimneys (2 No) and install oil tank in garden of former property at Granary Courtyard, Findhorn for Miss K. Sanderson & Miss K. Philp

(34) 940115 Installation of new UPVC double glazed windows and doors at Pilmuir Estate, Forres for Ministry of Defence

(35) 940128 Alter and extend existing dwelling at Hollylea, Kintessack, Near Forres for Mrs. M. Laing

(36) 940175 Erect a glass conservatory at Whins, Findhorn for Mr. W.R. Anderson

(37) 940189 General tack room and food store at West Park Croft, Mannachie Road, Forres for Ms. F.M. Dempster

(38) 940190 Erect new farm steading at Grangegreen Farm, Dalvey, By Forres for Major R.N.A. MacLeod

(39) 940220 Erect straw shed/general purpose at Newton of Darnaway, By Forres for G.F. MacArthur & Co

(40) 940253 Form dormer to first floor toilet at 4 Pilmuir Road West for Mr. D. Elliot 404

Applications noted as approved after consultation with Local Member of Planning Authority

(41) 920996 Form playing green and for six traditional cottages at Broom of Moy, By Forres for Mr. J.S. Ferguson (outline)

(42) 931267 Demolish existing hotel and erect 27 flats at Culbin Sands Hotel, Findhorn for Mr. and Mrs Finley McNaughton (outline)

(43) 931283 Change of use of riding stables to nursing home for elderly with ancillary facilities at Cathay House, Forres for Mr. & Mrs. L. Bell

Application noted as refused after consultation with Local Member of Planning Authority

(44) 940014 Erect new bungalow at Kintessack for Forest Enterprise (outline)

LAICH - NO. 7 WARD

Applications noted as approved under delegated powers

(45) 931091 Demolition of existing manse and construction of 7 no. houses and 7 no flats at Grant Street, for Mr J. Tulloch

(46) 940029 Construct office and toilet above garage at Mingulay, , Moray for Mr. J. Tulloch

(47) 940130 Erect conservatory, slap door and slap window at 1 Coal Row, for Mr. W. Davidson

(48) 940195 Install an LPG tank at Dunachton, Cummingston, by Burghead for Mr. and Mrs. M. Rattray

(49) 940261 Erect sun lounge and boundary wall at 13 Millfield Drive, Hopeman for Mr. and Mrs. A. Kerr

Application approved

(50) 930751 Demolish existing seaschool building to increase house numbers by 9 giving a total of 41 houses at Old Seaschool, Burghead for Mr. G. Ramsay (outline)

SUBMITTED:- An oral report by the Director of Planning and Development informing the Committee that the Department of Planning and Development had provided the applicant with indicative proposals for the layout and landscaping of the development and that the applicant had undertaken to submit details of landscaping proposals to the Director of Planning and Development based upon the indicative proposals.

DECIDED:- That the application be referred to Grampian Regional Council as a departure from the Local Plan and if there are no objections to the proposed development that the Director of Planning and Development approve the application under delegated powers. 405

Application deferred

(51) 931399 Erect proposed dwellinghouse at Golf Driving Range, By Inverugie Quarry, By Hopeman for Mr. D. Anderson

SUBMITTED:- A report by the Director of Planning and Development recommending the refusal of planning permission to erect a proposed dwellinghouse at the Golf Driving Range, By Inverugie Quarry, By Hopeman for Mr. D. Anderson

DECIDED:- That consideration of this application be deferred in order that Members may visit the site.

LOSSIEMOUTH - NO. 8 WARD

Applications noted as approved under delegated powers

(52) 931328 Erect dwellinghouse and garage at Coulardbank Road, for Mr. and Mrs I. McDowall

(53) 940136 Erect proposed "Cathedral Conservatories" conservatory at Dunbarney, Manson Terrace, Lossiemouth for Mr. & Mrs K. Jackson

Application noted as approved after consultation with Local Member of Planning Authority

(54) 930477 Change of use of licensed grocers to restaurant and carry out hot food shop at 79 Clifton Road, Lossiemouth for Mr. A. Mohammed

Application approved subject to conditions

(55) 931005 Change of use of fruit and vegetable shop to Indian Restaurant at 36 High Street, Lossiemouth for Mr. A. Rahman

SUBMITTED:- An oral report by the Director of Planning and development informing the Committee of recent developments regarding the proposed change of use of a fruit and vegetable shop to Indian Restaurant at 36 High Street, Lossiemouth for Mr. A. Rahman and recommending that planning permission be granted.

DECIDED:- That the Director of Planning and Development be delegated power to grant planning permission for the change of use of a fruit and vegetable shop to an Indian Restaurant at 36 High Street for Mr. A. Rahman subject to the following conditions:-

(i) 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 was granted;

(ii) unless otherwise agreed with the District Council, as Planning Authority, the development hereby approved shall be carried out strictly in accordance with the approved plans and conditions;

(iii) for the use hereby granted the premises shall be used only between 16.30 to 11.00 hours Sunday to Thursday; and 16.30 to 11.30 hours Friday and Saturday, unless otherwise agreed with the Planning Authority;

(iv) filters shall be installed in the extraction system to ensure that the emission of odours is minimised, and these filters shall be maintained in an effective working condition at all times. 406

Reasons:

(i) Standard time limit reason stipulated under The Town and Country Planning (Scotland) Act 1972;

(ii) 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;

(iii) in the interests of residential amenity;

(iv) in order to ensure odour emission is minimised in the interests of amenity.

Application refused

(56) 911192 Erect supermarket (12,000 sq. ft; 52 parking spaces) and associated amenity areas at Sunbank, Lossiemouth for First Samurai Investments (outline)

SUBMITTED:- A report by the Director of Planning and Development recommending the refusal of planning permission for the erection of supermarket (12,000 sq. ft; 52 parking spaces) and associated amenity areas at Sunbank, Lossiemouth for First Samurai Investments (outline)

DECIDED:- That planning permission be refused on the ground that in the absence of the requested Traffic Impact Study, insufficient information was available to assess the traffic implications of the development and the possible need for any road improvements required in association with the proposed development.

HELDON - NO. 9 WARD

Applications noted as approved under delegated powers

(57) 921352 Reform roof and clad exterior and change the use of premises to light engineering premises at The Old Steading, Wester Whitewreath, for Mr. G. Mitchell

(58) 931388 Proposed all weather sports pitch at RAF Kinloss, Kinloss for Ministry of Defence

(59) 940019 Conversion of steading to form dwelling at Newton House, by Elgin for Grant Construction Limited

(60) 940069 Erect glider storage shed at Easterton, Birnie, by Elgin for Highland Gliding Club

(61) 940071 New airmen's club at RAF Kinloss for Ministry of Defence

(62) 940118 Construct new footpath at , Moray for Grampian Regional Council

(63) 940205 Replace and existing overlap fence with a vertical paling hit and miss fence of 1.8m high at Heather Cottage, Dallas for Mr. M. McBey

Application withdrawn

(64) 940168 Erect farmhouse at Dykeside Farm, Dykeside for Mr. and Mrs. Mustard (outline) 407

SUBMITTED:- A report by the Director of Planning and Development recommending the refusal of planning permission to erect farmhouse at Dykeside Farm, Dykeside for Mr. and Mrs. Mustard (outline)

Prior to consideration of this item the Director of Planning and Development informed the Committee that the applicants had requested that this application be withdrawn from the agenda in order to allow them to submit additional information.

DECIDED:- That the application be withdrawn from the agenda in order to allow the applicants to submit additional information.

INNES - NO. 10 WARD

Applications noted as approved under delegated powers

(65) 931182 Proposed garage and porch extensions to rear of property at Kirkhillhead, Walkers Crescent, for Mr. and Mrs. D. Taylor

(66) 931235 Form 2 bedrooms, lounge, bathroom in loft area at 9 Templand Road, Lhanbryde for Mr. C. McGinty

(67) 931256 Erect extension to visitor centre to provide new reception/display area, film room and extension to tearoom at Baxters of Speyside, for Baxters of Speyside Ltd

(68) 940008 Erect house and garage on site to east of property at Annfield Cottage, Balnacoul Lane, for Mr. and Mrs J. Wiles

(69) 940132 Alter and extend existing dwellinghouse at 3 Balnacoul Road, Mosstodloch for Mr. and Mrs E. Main

Applications noted as approved after consultation with Local Member of Planning Authority

(70) 931169 Erect dwellinghouse at Beach Road, Kingston for Mr. and Mrs. R. Sharp

(71) 940067 Alter and extend existing dwellinghouse at Castlehill Cottage, By Mosstodloch for Mr. and Mrs. G. Shand

Application noted as refused after consultation with Local Member of Planning Authority

(72) 940068 Erect new dwellinghouse on ground at Burniestrype, Garmouth for Mr. W. Simpson (outline)

Application approved subject to conditions

(73) 940009 Erect house and garage on site to west of Lhanbryde Filling Station, Lhanbryde for Mr. and Mrs. Craib 408

SUBMITTED:- A report by the Director of Planning and development recommending the erection of a house and garage on site to west of Lhanbryde Filling Station, Lhanbryde for Mr. and Mrs. Craib be permitted subject to conditions.

DECIDED:- That the application be advertised as a departure from the Moray District Local Plan 1994-98 and that subject to no objections being received in response to the advertisement of the application the Director of Planning and Development be granted delegated powers to issue approval of the development subject to the following conditions:-

(i) 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 was granted;

(ii) unless otherwise agreed with the District Council, as Planning Authority, the development hereby approved shall be carried out strictly in accordance with the approved plans and conditions;

(iii) the permission hereby granted shall relate to the amended plans received from the applicants' agent on 11 March 1994 regarding the arrangements for landscaping and the proposed septic tank/soakaway;

(iv) all planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the house or the completion of the development, whichever is the sooner; and 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 next planting season with others of a size and species to the satisfaction of the Director of Planning;

(v) unless otherwise agreed with the District Council, as Planning Authority, the development shall not commence until samples of all proposed external finishing materials and their colouration have been submitted to and approved by the Director of Planning and Development;

(vi) sample panels of roughcast shall be prepared on the site for the inspection and approval of the Director of Planning and the roughcast work shall not be carried out until agreement has been reached with the Director of Planning regarding the type and colour of materials to be used;

(vii) two parking spaces (i.e garage and/or hardstanding) shall be provided within the site.

Reasons:

(i) Standard time limit reason stipulated under The Town and Country Planning (Scotland) Act 1972;

(ii) 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;

(iii) to ensure an acceptable form of development in the interests of the amenities and appearance of the locality and in drainage terms;

(iv) 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; 409

(v) and (vi) in order to ensure that the development harmonises with the appearance and character of the surrounding properties and area;

(vii) in order to ensure that adequate parking is provided within the site so as to minimise the possibility of unnecessary parking on the public roads.

BUCKIE - NO. 11 WARD

Applications noted as approved under delegated powers

(74) 931334 Demolish existing service depot, erect a new service depot and form new access at Baron Street, Buckie for British Gas Plc

(75) 940144 Erect garage and put in patio door at 23 Harbour Head, Buckie for Mr. W. McDonald

(76) 940163 Demolish garage and existing lean to, erect new garage and new kitchen extension at 17 North Pringle Street, Buckie for Mr. and Mrs. R. Chandler

(77) 940165 Retrospective application to erect a conservatory at 8 North Pringle Street, Buckie for Mr. J. Morrison

Application approved subject to conditions

(78) 940150 Build 2 no. two storey extensions at Great Western Road, Buckie for Grampian Country Pork Ltd

SUBMITTED:- A report by the Director of Planning and development recommending that planning permission for the building of 2 no. two storey extensions at Great Western Road, Buckie for Grampian Country Pork Ltd be permitted subject to conditions.

DECIDED:-

(i) That the District Council consult with Grampian Regional Council and the applicant in an attempt to seek to persuade their contractors to use an alternative route to the town centre to reach the proposed factory development, and in that regard the local Councillors should become involved if necessary;

(ii) That the Committee agree that concerns expressed by members of the public regarding environmental aspects of the plant's operation should be referred to the Director of Environmental Health for his interest;

(iii) That planning permission be granted subject to the following conditions:-

(a) 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 was granted;

(b) unless otherwise agreed with the District Council, as Planning Authority, no work shall commence on the development until such time as approval has been obtained from the Director of 410

Planning and Development, in consultation with the Roads Department of Grampian Regional Council, for plans (drawn to scale) showing a total of 90 car parking spaces at the West of the site;

(c) unless otherwise agreed with the District Council, as Planning Authority, the plans referred to in Condition (b) shall show:

(1) landscape planting around the boundaries of the entire parking area consistent with the landscape planting approved for the existing parking area (consent reference 920926 - dated 7th October, 1992) to the satisfaction of the Director of Planning and Development;

(2) a tarred surface over the entire area of the car park with permanent markings for every car parking space to the satisfaction of the Director of Planning and Development;

(d) prior to the commencement of the development a landscaping plan (drawn to scale) shall be submitted for the approval of the Director of Planning showing existing trees, hedges, shrubs to be retained or removed together with details of the type, position and number of all planting to be undertaken; (e) the landscaping plan referred to in Condition 4 shall be prepared taking account of the requirements of policy ENV6 of the Moray District Local Plan 1993-98;

(f) unless otherwise agreed with the District Council, as Planning Authority:

(1) all planting, seeding or turfing comprised in the approved details of landscaping, including landscaping of the existing parking area, shall be carried out in the first planting and seeding seasons following the formation of the car parking facilities in accordance with condition (g);

(2) any trees or plants which within a period of 5 years die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a size and species to the the satisfaction of the Director of Planning and Development;

(g) unless otherwise agreed with the District Council, as Planning Authority, the extensions approved herewith shall not be brought into use until such time as the car parking facilities referred to in Condition 2 have been provided to the satisfaction of the Director of Planning and Development;

(h) unless otherwise agreed with the District Council, as Planning Authority, no work shall commence on the development until such time as approval has been obtained from the Director of Planning and Development for plans (drawn to scale) showing details of:-

(1) the position, size and finish of any external flues, vents or refrigeration equipment which may be required;

(2) the position, size, type, power and finish of any external lighting equipment which may be required;

(i) unless otherwise agreed with the District Council, as Planning Authority, any external lighting equipment which may be required shall be designed to the satisfaction of the Director of Planning and Development in consultation with the Roads Department of Grampian Regional Council and shall ensure that:-

(1) the light from all fixtures shall be directed downwards;

(2) the spread of light on the ground shall be entirely contained within the site;

(j) unless otherwise agreed with the District Council, as Planning Authority, noise emissions from the factory shall not exceed the existing background level measured at the nearest noise sensitive dwellinghouse by more than 5dBA; 411

(k) unless otherwise agreed with the District Council, as Planning Authority, there shall be no running of diesel refrigeration equipment mounted on vehicles while these vehicles are parked on or near the premises between the hours of 6pm and 8am;

(l) unless otherwise agreed with the District Council, as Planning Authority, the development shall not commence until samples of the proposed external sheeting have been submitted to and approved by the Director of Planning;

(m) unless otherwise agreed with the District Council, as Planning Authority, the development hereby approved shall be carried out strictly in accordance with the approved plans and conditions.

Reasons:-

(a) standard time limit reason stipulated under The Town and Country Planning (Scotland) Act 1972;

(b) in order to ensure that adequate parking is provided within the site so as to minimise the possibility of unnecessary parking on the public roads;

(c) and (l) in order to ensure that the development harmonises with the appearance and character of the surrounding properties and area;

(d) and (e) in order that detailed consideration can be given to the landscaping of the site;

(f) 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;

(g) in order to ensure that the car parking facilities are provided timeously in relation to operation of the development approved;

(h) in order to ensure that further consideration can be given to details of the matters specified;

(i) in the interests of road safety;

(j) and (k) in order to control the effects of noise from the site on the amenity of the area;

(m) 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.

Application approved subject to conditions

(79) 940030 Erect new house at St. Helena Brae, Buckie for Mr. and Mrs. D. Campbell 412

SUBMITTED:- An oral report by the Director of Planning and Development recommending that planning permission in respect of an application to erect a new house at St Helena Brae, Buckie for Mr. and Mrs. D. Campbell be granted subject to conditions.

DECIDED:- That planning permission be granted subject to the proposed development not exceeding the centre line of the disused railway in order to allow the maintenance of a strip of land wide enough to accommodate any future requirement for footpath/cycle track along the line of the former railway.

BUCKIE - NO. 12 WARD

Applications noted as approved under delegated powers

(80) 940121 Erect a security fence (Phase 1) on industrial land at March Road, Buckie for Stagecoach Scotland Ltd

(81) 940141 Erect new house and garage on Plot 8 Portessie School, Buckie for Mr. and Mrs. A. Simpson

(82) 940162 Erect bedroom extension at 6 Anson Way, Buckie for Mr. and Mrs. McLeod

(83) 940181 Erect a porch at 11 Millbank Terrace, Buckie for Mr. J.A. Calder

(84) 940210 Erect dwellinghouse with integral garage (Plot 9) at 6 Moray View Court, Portessie, Buckie for Mr. H. Pirie

Application noted as approved after consultation with Local Member of Planning Authority

(85) 931246 Erect two storey extension to provide lounge, store and bedroom at 15 Mill Crescent, Buckie for Mr. and Mrs. A. Bain

Councillor Fleming left the meeting during discussion of this item.

Application refused

(86) 920030 Convert property to 6 flats at 34-36 Marine Place, Buckie for Mr. S. Milne

SUBMITTED:- A report by the Director of Planning and Development recommending the refusal of planning permission to convert property to 6 flats at 34-36 Marine Place, Buckie for Mr. S. Milne

DECIDED:- That planning permission be refused on the following grounds:-

(i) the proposals would not provide for an adequate standard of residential amenity owing to the existing commercial use at ground floor level;

(ii) there is inadequate provision for the parking of occupants' vehicles and the area to the front of the property is needed for the access and manoeuvring of vehicles associated with the ground floor commercial use; 413

(iii) in terms of the existing permitted use of the building concerned and the generally commercial nature of the area; the proposed residential use would be non-conforming and contrary to adopted Local Plan policy on "Harbour Related Uses" (ref: Buckie Local Plan, page 14, paragraph 2.10.5).

Application approved

(87) 940256 Convert and extend existing building to form 12,000 Sq. Ft. food retail unit at the Former Garage, East Cathcart Street, Buckie for Knight Real Estate

SUBMITTED:- An oral report by the Director of Planning and Development recommending that planning permission to convert and extend existing building to form 12,000 square feet food retail unit at the former garage, East Cathcart Street, Buckie for Knight Real Estate be refused

Following discussion of this item Councillor Jappy, seconded by Councillor Longmore, moved that the Committee be minded to approve the application as submitted.

Councillor Lawson, seconded by Councillor Mrs. Shaw, moved as an amendment that consideration of the application be deferred pending the resolution of problems identified by the Roads Department regarding the safety of vehicles manoeuvring within the curtilage of the building.

On a division there voted:-

For the motion (12) For the amendment (3) Abstentions (0)

Councillors:- Councillors:- Councillors:-

Jappy Lawson Longmore Mrs. Shaw Aldridge Thompson Mrs. Anderson Mrs. Cumiskie Mrs. Davidson Farquharson Fleming Howe Mann Mrs Scott Wilson

DECIDED:- That the Committee be minded to approve the application for planning permission to convert and extend the existing building to form 12,000 square feet food retail unit at former garage, East Cathcart Street, Buckie for Knight Real Estate subject to the outcome of a public hearing with the objectors in accordance with the provisions of recent legislation.

Councillor Fleming rejoined the meeting during discussion of this item.

RATHFORD - NO. 13 WARD

Applications noted as approved under delegated powers

(88) 930687 Convert shop into house at The Shoppe at Station Road, for Mr. R. Miele (outline) 414

(89) 930697 Conservation Area Consent to convert part of shop to dwellinghouse and demolish part of building to form parking area shoppe at Station Road, Findochty for Mr. R. Miele (outline)

(90) 940043 Re-roof existing store building at 9 Dover Street, for Mr. H. Walton

(91) 940082 Proposed advertisement at Cottartown of Ardoch, , for J.A.W.F. Kwint

(92) 940092 Change of use of existing garage to workshop at Sandy Creek, New Street, Findochty for Mr. and Mrs. J. Bremner

(93) 940109 Erect domestic dwelling on Plot 17 Dyce Crescent, Findochty for Mr. J. Willmore

(94) 940149 Erect house and garage on Plot 8 Private Sites, Findochty for Mr. and Mrs. Miller

(95) 940167 Erect bedroom extension at 30 Queens Drive, Cullen for Mr. and Mrs. E.A. Flett

(96) 940176 Erect conservatory at 21 High Street, Portknockie for Mr. and Mrs. W.G. Mair

(97) 940194 Install LPG tank at Muir of Findochty, Findochty for Mr. and Mrs. D. Woodham

Application deferred

(98) 931275 Amend condition 4 application 930444 - feature gable to be coursed with Fyfestone at 22 North Deskford Street, Cullen for Mr. W.A. Wilson

SUBMITTED:- A report by the Director of Planning and Development recommending that consideration of an application for planning permission to amend condition 4 application 930444 - feature gable to be coursed with Fyfestone at 22 North Deskford Street, Cullen for Mr. W.A. Wilson be refused.

DECIDED:- That consideration of this application be deferred to the next meeting of this Committee.

LENNOX - NO. 14 WARD

Applications noted as approved under delegated powers

(99) 940083 Erect proposed house at , for Mr. D. Shanks

(100) 940148 Alter and extend existing dwellinghouse and site temporary caravan at 4 Nether Dallachy, Spey Bay for Mr R.B. Toms

Applications noted as approved after consultation with Local Member of Planning Authority

(101) 930607 Erect two houses at High Street, Fochabers for Mr. G. Watt (outline)

(102) 931201 Erect new house and garage at 10 Hope Street, for Mr. and Mrs. A. Stewart (103) 940042 Extend existing chicken house at Connage Farm, Buckie for Mr. A. Walls 415

Application approved subject to conditions

(104) 911068 Erect new house on ground adjoining property at 8 Richmond Terrace, Portgordon for Mr. A. McWhirter (outline)

SUBMITTED:- A report by the Director of Planning and development recommending the erection of a new house on ground adjoining property at 8 Richmond Terrace, Portgordon for Mr. A. McWhirter (outline) be permitted subject to conditions.

DECIDED:- That planning permission be granted subject to the following conditions:-

(i) 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 was granted;

(ii) the approval hereby granted is in outline;

(iii) within a period of three years from the date of this consent and prior to the commencement of the development approval shall be obtained for plans (drawn to scale) showing details of the following:-

(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, access and drainage arrangements;

(c) details of the exact extent, type and finish of all proposed boundary enclosures;

(d) sections through the site showing the development on its finished levels;

(iv) prior to the commencement of any development on the site the access track shall be surfaced with a stone sub base layer over its entire area except for the first 5 m from the public road, (refer to condition 11) and this shall be maintained thereafter;

(v) the design and finish of the proposed dwellinghouse shall be sympathetic in terms of scale, proportioning, finish material and detailing to nearby traditional houses;

(vi) the proposed dwellinghouse shall be set back at least 12 m from the northern boundary of the site, unless otherwise agreed with the Planning Authority;

(vii) no boundary fences, hedges, walls or any obstruction whatsoever over 1.0m in height and fronting onto the public road shall be within 2.1m of the edge of the carriageway;

(viii) the width of the vehicular access shall be not more than 3.0m or not less than 2.4m and have a maximum gradient of 1:20 measured for the first 5.0m from the edge of the carriageway. Section of access over the public footpath/verge shall be to Grampian Regional Council specification and surfaced in bitmac;

(ix) no water shall be permitted to drain on to the public footpath or carriageway;

(x) a turning area shall be provided within the curtilage of the site to enable vehicles to enter and exit in a forward gear;

(xi) the access track shall be finished in bitmac for the first 5 metres from the public road.

Reasons:- 416

(i) Standard time limit reason stipulated under The Town and Country Planning (Scotland) Act 1972;

(ii) and (iii) as the consent is in outline only and in order that detailed consideration can be given to the matters specified;

(iv), (vii), (viii), (ix) and (xii) in the interests of road safety;

(v) in order to minimise the impact of the house in the prominent location involved;

(vi) in order to minimise the visual impact of the proposed house;

(x) in order to ensure that vehicles can enter and leave the site in a forward gear thereby minimising the possibility of hazards on the roadway as the result of manoeuvres involving reversing.

KEITH - NO. 15 WARD

Applications noted as approved under delegated powers

(105) 931030 Proposed signage on Wm Low Supermarket, Regent Street, Keith for Faraday Properties Ltd

(106) 931205 Erect external lighting at new supermarket and car park at Regent Street, Keith for Wm Low & Company Plc

(107) 940027 Erect new dwellinghouse on ground to rear of property at 1 Duff Street, Keith for Mr. and Mrs. B. Brodie

(108) 940098 Erect a private dwellinghouse and garage on Plot 1, Mar Place, Keith for Mr. L. Bisset (109) 940152 First floor extension to rear of property at Ardmohr, 10 Broomhill Road, Keith for Dr. and Mrs Gould

(110) 940180 Erect new steel fire escape stair and new dormer for exit door at Maintenance Department, Strathmill Distillery, Keith for Justerini & Brooks (Scotland) Ltd

(111) 940186 Erect double garage at Isla View, 18 Alexandra Road, Keith for Mr. N. Hay

Applications noted as approved after consultation with Local Member of Planning Authority

(112) 930492 Erect house and garage to rear of property at 74 Land Street, Keith for Mrs. J. Herd (outline)

(113) 931260 Use one room for hairdressing purposes at 20 Balloch Road, Keith for Mr. and Mrs. S. Mackie

(114) 940123 Change of use of amenity ground to private garden at 95 Nelson Terrace, Keith for Mr. and Mrs. C. Goldie

STRATHISLA - NO. 16 WARD

Applications noted as approved under delegated powers

(115) 931350 Extend house/temporary caravans at Little Fortrie, Braco Brae, Grange for Mr. A.D. Holmes

(116) 931389 Alter and extend Station House, Grange, Keith for Mr. S. McGhie and Miss W. Milton 417

(117) 931402 Alter and extend farm cottage, alter and extend shed to form garage and rebuild part of stone steading at Curlusk Farm, for Dr and Mrs L. Owen

(118) 940086 Alter and extend dwellinghouse at Mannoch Hill, Rothiemay for Mr. N. Allan

(119) 940124 Erect a sun porch at 1 Old School House, Drummuir, Keith for Mr. E. Duncan

(120) 940157 Extend house and erect double garage at 1 Sauchenwards, Drummuir, Keith for Mr. I. Gordon

(121) 940166 Alter and extend by provision of dining area and storm porches at Rainbow Cottage, , Keith for Mr. A. J. West

SPEYSIDE - NO. 17 WARD

Applications noted as approved under delegated powers

(122) 930642 Erect two semi-detached holiday homes at Bridge of Burnroy, for Mr. V.S. Oliver

(123) 931377 Provide canteen and toilet facilities with locker room and drying room at Knockando Distillery, Knockando for J & B (Scotland) Limited

(124) 940079 Erect bedroom, bathroom extension for disabled person at 41 High Street, for Mr. and Mrs. J. Laing

(125) 940084 Construct a concrete base and column at Home Farm, Orton British Telecommunications Plc

(126) 940100 Construct a replacement water supply including a booster pumping station at Drumbain, Near for Grampian Regional Council

(127) 940156 Erect satellite dish at 27 High Street, Archiestown for Mr. G. and Mrs C. Melrose

(128) 940161 Extend dwelling by adding a toilet and a conservatory at Inveran, Mary Avenue, Aberlour for Mr. and Mrs. A.G. Stronach

Application noted as approved after consultation with Local Member of Planning Authority

(129) 931237 Erect 5 houses on existing garage site and 13 houses on vacant ground at New Street/Station Street, Rothes for R. and E. Henderson

GLENLIVET - NO. 18 WARD

Applications noted as approved under delegated powers

(130) 930618 Outline application to convert vacant mill into dwellinghouse at Old Mill, Milton of Laggan, Glenrinnes for Farms

(131) 931315 Erect replacement house and garage at Lettoch Cottage, Glenrinnes, for Mr. S. Strathdee

(132) 931321 Erect proposed dwellinghouse and domestic garage on land to rear of property at 55 Balvenie Street, Dufftown for Mr. and Mrs. I. Ross 418

(133) 931322 Renewal of temporary consent (900170) for temporary siting of two residential caravans during house construction at Stronavaich, , Ballindalloch for Mr. W.H. Lannagan (134) 931354 Erect new dwellinghouse and garage at Conglass Lane, Tomintoul, Ballindalloch for Mr. and Mrs. Connelly

(135) 940034 Alter and extend Casfuar Cottage, Tomintoul, Banffshire for Mr. J.A.T. Richards

(136) 940036 Proposed one fishing hut and two wooden shelters (the Gordon Hotel's Water) River Avon, Tomintoul for Tomintoul Enterprise

(137) 940044 Construct a new bellmouth forestry access at Dowan, Ballindalloch for The Crown Estate Commissioners

(138) 940075 Upgrade track and construct bellmouth on Tomnavoulin-Blairfindy C-Class Road, Blairfindy, Glenlivet for The Crown Estate Commissioners

(139) 940076 Proposed extension to dwellinghouse at Ingleneuk, Parkmore, Dufftown for Mr. C.P. Millett and Ms. A. Davidson

(140) 940102 Erect a conservatory at Raws Cottage, Auchindoun, Dufftown for Mr. H. Cumming

(141) 940135 Re-positioning boiler chimney to rear of property at Gordon Hotel, The Square, Tomintoul for Tomintoul Enterprise

(142) 940147 Siting of calor gas storage tank at medical centre, Drumin, Glenlivet for Moray Health Services

Application noted as approved after consultation with Local Member of Planning Authority

(143) 940035 Erect flagpoles and install wall lights and water tank at Gordon Hotel, The Square, Tomintoul for Tomintoul Enterprise

ADDITIONAL PLANNING APPLICATION NO. 940129 - BUCKIE EAST - WARD 12

(144) 940129 Erect dwellinghouse with garage on Plot 3, Moray View Court, Portessie, Buckie for Mr. D. Clark and Ms. K. Hamilton

SUBMITTED:- A report by the Director of Planning and development recommending that planning permission to erect a dwellinghouse with garage on Plot 3, Moray View Court, Portessie, Buckie for Mr. D. Clark and Ms. K. Hamilton be granted subject to conditions.

DECIDED:- That planning permission be granted subject to the following conditions:-

(i) 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 was granted;

(ii) unless otherwise agreed with the District Council, as Planning Authority, the development hereby approved shall be carried out strictly in accordance with the approved plans and conditions;

(iii) no boundary fences, hedges, walls or any obstruction whatsoever over 1.0m in height and fronting onto the public road shall be within 2.1m of the edge of the carriageway; 419

(iv) the width of the vehicular access shall be not more than 3.0m or not less than 2.4m and have a maximum gradient of 1:20 measured for the first 5.0m from the edge of the carriageway. Section of access over the public footpath/verge shall be to Grampian Regional Council specification and surfaced in bitmac;

(v) no water shall be permitted to drain on to the public footpath or carriageway;

(vi) drop kerbs shall be provided across the access to Grampian Regional Council, Roads Department specification;

(vii) parking spaces shall be provided at the rate of two;

(viii) a turning area shall be provided within the curtilage of the site to enable vehicles to enter and exit in a forward gear;

(ix) new boundary walls/fences shall be set back from the edge of the public road at distance of 1.8m. Line of boundary fence of wall at junctions shall be fixed by the Divisional Roads Surveyor;

(x) unless otherwise agreed with the District Council, as Planning Authority, the roof shall be finished with grey roof tiles;

(xi) that details of the height, position and appearance of any proposed boundary enclosures shall be submitted to and approved by the Director of Planning and Development prior to the erection of such enclosures on site;

Reasons:

(i) Standard time limit reason stipulated under The Town and Country Planning (Scotland) Act 1972;

(ii) 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;

(iii), (iv), (v), (vi) and (ix) in the interests of road safety;

(vii) in order to ensure that adequate parking is provided within the site so as to minimise the possibility of hazards on the roadway as the result of manoeuvres involving reversing;

(viii) in order to ensure that vehicles can enter and leave the site in a forward gear thereby minimising the possibility of hazards on the roadway as the result of manoeuvres involving reversing;

(x) and (xi) in order to ensure that the development harmonises with the appearance and character of the surrounding properties and area.

7. PEDESTRIANISATION OF ELGIN HIGH STREET - UPDATE ON PROGRESS

SUBMITTED:- A report by the Director of Planning and Development under reference to para. 7 of the Minute of the meeting of this Committee dated 9 March, 1994 advising the Committee of recent progress made with the proposed pedestrianisation of Elgin High Street and recommending measures to address the various points of concern highlighted at that meeting.

DECIDED:-

(i) That the District Council support proposals by Grampian Regional Council which seek to resolve all the objections in the Draft Road Order, thus permitting the project to continue on programme;

(ii) That the District Council agree to the principle of upgrading the existing roadways using natural materials, leaving the existing recently laid surfaces intact meantime; 420

(iii) That the existing planter to the East of the Muckle Cross should remain in place if the existing surface around it is left intact; and

(iv) That the District Council refuse either to finance the costs of altering the Regional Council's car parking meters or to make any financial contribution towards the potential loss of revenue arising from the proposed lowered parking charges.

8. CAPITAL EXPENDITURE - MONITORING STATEMENT

SUBMITTED:- A report by the Director of Planning and Development giving details of the capital expenditure incurred on the Planning Account for the year to 31 March, 1994.

DECIDED:-

(i) That the contents of this report be noted; and

(ii) That a further report be submitted to the Policy and Resources Committee at its meeting on 8 June, 1994 regarding the financial implications stemming from the delay in factory construction at Tyock Industrial Estate and indicating the possibility, if any, of obtaining European Funding to assist in this project.

9. CONFERENCE ON TOWN CENTRE SCHEMES: PERTH, 21ST APRIL, 1994

SUBMITTED:- An oral report by the Director of Planning and Development informing the Committee of the forthcoming conference on Town Centre Schemes to be held in Perth on 21st April, 1994 and recommending that the District Council be represented at this conference by an elected member and Mr. N. Brown of the Department of Planning and Development.

DECIDED:- That the District Council be represented at the conference on Town Centre Schemes in Perth on 21st April, 1994 by Councillor Mrs. Anderson and Mr. N. Brown of the Department of Planning and Development.

10. CONFERENCE AND COURSES: LANDSCAPE ASSESSMENT METHODOLOGY AND THE PLANNING CONTEXT

SUBMITTED:- A report by the Director of Planning and Development recommending that Mr. M. Booth, a Planning Assistant, be authorised to attend a forthcoming conference on Landscape Assessment Methodolody and the Planning Context to be held in Berwick on Tweed on 10th May, 1994.

DECIDED:- That Mr. M. Booth be authorised to attend the conference on Landscape Assessment Methodology and the Planning Context to be held in Berwick on Tweed on 10 May, 1994 at a cost of £15.

11. ASSESSMENT OF ROADSIDE ADVERTISEMENTS ALONG THE A96 IN TERMS OF THE TOWN AND COUNTRY PLANNING (CONTROL OF ADVERTISEMENTS) (SCOTLAND) REGULATIONS 1984

SUBMITTED:- A report by the Director of Planning and Development under reference to para. 8(ii) of the Minute of the meeting of this Committee dated 9 March, 1994 advising the Committee of recent investigations made in respect of a number of advertisements along the A96 in terms of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984.

DECIDED:-

(i) That the terms of the report be noted; 421

(ii) That the Director of Planning and Development invite the submission of applications to be considered in terms of the new policy, and where necessary take enforcement action; and

(iii) That the phased assessment of roadside signs continue with regular progress reports being submitted in the meantime. 12. MOSSTODLOCH INDUSTRIAL ESTATE: QUARTERLY REPORT ON FLOODING

Councillor Aldridge left during discussion of this item.

SUBMITTED:- A report by the Principal Civil Engineer informing the Committee that due to the heavy rain and snow melt during March, 1994 the remedial works undertaken to improve the drainage at Mosstodloch Industrial Estate had failed to cope with the volume of water and detailing the measures which had been taken to resolve the resultant flooding. The report recommended that the current monitoring should continue and outlined a possible alternative to prevent any such future flooding should that recur more frequently than was reasonably acceptable.

DECIDED:-

(i) That the report be noted;

(ii) That the existing system be retained and that the Principal Civil Engineer continue to monitor the frequency of any flooding; and

(iii) That the Principal Civil Engineer liaise with the North East River Purification Board and Grampian Regional Council, as the Highways Authority, regarding the possibility of a long term solution to the flooding problem and that the conclusions of the discussions be reported to a future meeting of this Committee.

Councillor Aldridge rejoined the meeting prior to discussion of the next item.

13. MORAY DISTRICT LOCAL PLAN: PUBLIC INQUIRY: SEMINAR

SUBMITTED:- A report by the Director of Planning and Development informing the Committee that the Reporter's findings on the objections to the Moray District Local Plan which he heard at the Public Inquiry in November/December, 1993 were expected to be made available at the end of May, 1994 and recommending that the Committee agree to hold a Seminar subsequent to this in order to consider the recommendations and thereafter, that the Director of Planning and Development submit a formal report on the proposed modifications to the Planning and Development Committee on 13 July, 1994 with an advertisement of "Intention to Adopt the Local Plan" to be placed in the newspapers immediately thereafter.

DECIDED:-

(i) That a report on the Scottish Office Inquiry Reporter's findings on the objections to the Local Plan be placed before the Planning and Development Committee at its meeting on 13th July, 1994;

(ii) That a seminar be arranged at which the Reporter's recommendations can be considered informally prior to the matter being further considered by the Committee on 13th July, 1994. 14. DISTRICT LOCAL PLAN - PART 1: MODIFICATIONS ALREADY AGREED; PART 2: MODIFICATIONS TO BE AGREED; PART 3: REPORTER'S FINDINGS ON RETAIL POLICY OBJECTIONS

SUBMITTED:- A report by the Director of Planning and Development informing the Committee of the agreed modifications to the Local Plan which require to be advertised and of the modifications which remain to be agreed. 422

In addition the report also detailed the Reporter's findings in relation to the objections against the proposed Retail Policy with particular reference to the siting of grocery stores along Edgar Road, Elgin.

DECIDED:-

(i) That the Local Plan be modified in accordance with the suggestions from the Reporter included within the report;

(ii) That the modifications to the Local Plan be used as a basis for decision making, after the expiry of the objection period, and subject to no objections being received, without further referral to Committee; and

(iii) That consideration be given to a further report on any objections to modifications if they allege new circumstances which require further attention.

15. DEVELOPMENT PLAN DEPARTURES

SUBMITTED:- A report by the Director of Planning and Development advising Members of new advice issued by the Scottish Office regarding development plan departures and requesting that the Committee agree procedures which the authority may implement for dealing with such applications in light of this advice and recent changes in legislation.

DECIDED:-

(i) That the contents of this report be noted; and

(ii) That arrangements be made, in consultation with the Chairman, to hold a seminar at which implications of the new legislation can be considered and Members can give consideration to how hearings should be conducted.

16. LECHT SKI COMPANY - FEASIBILITY STUDY FOR ARTIFICIAL SKI SLOPE

SUBMITTED:- A report by the Director of Planning and Development under reference to para. 25 of the meeting of this Committee, 28 July, 1993 at which the District Council agreed to contribute £4,000 to the Lecht Ski Company and advising that due to unforeseen problems the production of the Feasibility Study would not commence until into the new financial year and recommending that the contribution of £4,000 previously agreed, be paid from the Rural Development Fund 1994/95. DECIDED:- That the District Council decline to contribute towards the Feasibility Study.

17. REVIEW OF THE DISTRICT COUNCIL'S ECONOMIC STRATEGY

SUBMITTED:- A report by the Director of Planning and Development informing the Committee of the outcome of the consultation process in regard to the review of the District Council's Economic Strategy and recommending that the District Council now formally approve the draft strategy in the form previously agreed at the meeting of the Planning and Development Committee on 9 March, 1994 (para. 14 refers).

DECIDED:-

(i) That the responses received from Grampian Regional Council and Moray, Badenoch and Strathspey Enterprise Company be noted;

(ii) That the replies from the Regional Council and the Local Enterprise Company, together with a copy of the District Council's response be placed as appendices to the draft strategy; and

(iii) That the proposed Economic Strategy be resubmitted to the Planning and Development Committee on 1 June, 1994 for consideration for formal adoption. 423

18. ECONOMIC STRATEGY: COASTAL STUDY

SUBMITTED:- A report by the Director of Planning and Development informing the Committee of Grampian Regional Council's agreement to the formation of a "Buckie Initiative" and recommending that the District Council agree to pursue the principles of a Coastal Study linked to this new Buckie Initiative, but that in doing so, the District Council should discuss with the Regional Council and Local Enterprise Company whether the related coastal economic issues from Findhorn to Cullen could be incorporated within a single Moray Coastal Study.

DECIDED:-

(i) That the District Council agree to pursue the principles of a Coastal Study linked to the Buckie Initiative;

(ii) That the District Council discuss with the Regional Council and the Enterprise Company whether the related coastal economic issues could be addressed by their incorporation within a single Moray Coastal Study.

19. MORAY ECONOMIC FORUM

SUBMITTED:- A report by the Director of Planning and Development informing the Committee that the invitations to Grampian Regional Council, Moray Badenoch and Strathspey Enterprise and Moray Enterprise Trust to consider participation in a Moray Economic Forum had received little support and outlining alternative proposals suggested by the other organisations. DECIDED:-

(i) That the District Council investigate further the opportunities for the discussion of strategic economic development issues, including those suggested by the Regional Council and the Local Enterprise Company; and

(ii) That a further report on these investigations be submitted to a future meeting of this Committee.

20. COMMUNITY BUSINESS GRAMPIAN: REQUEST FOR CONTINUED FINANCIAL ASSISTANCE

SUBMITTED:- A report by the Director of Planning and Development informing the Committee of an application from Community Business Grampian requesting that the District Council continue its funding support for 1994/95 and recommending that the Committee agree to contribute the full budgetary provision of £6,000 to Community Business Grampian.

DECIDED:-

(i) That the Council's budgetary provision for the financial year 94/95 of £6,000 be awarded to Community Business Grampian; and

(ii) That arrangements be made for a presentation on the work of Community Business Grampian to be included as part of the continuing programme of presentations to Members.

21. MORAY DISTRICT TOWN SCHEMES

SUBMITTED:- A report by the Director of Planning and Development informing the Committee of Historic Scotland's response to his request that they consider increasing their financial contribution to Moray on a District wide basis rather than concentrating on individual towns to allow the District Council to increase flexibility for grant aid in these areas and recommending that the proposals received from Historic Scotland be accepted and put into effect from 1 May, 1994.

DECIDED:- 424

(i) That the proposals outlined by Historic Scotland be accepted; and

(ii) That a request is made to obtain specifications for granting of work for the Conservation Areas of Forres and Fochabers with the intention that both additional schemes could, after consultation, with the respective communities, be implemented during the current financial year.

22. BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST - APPLICATIONS FOR GRANT

SUBMITTED:- Reports by the Director of Planning and Development regarding applications for grants in respect of buildings of special architectural or historic interest.

Councillor Fleming left the meeting during discussion of this item.

DECIDED:-

(i) That the application by Mr. D.M. Prichard and Ms. A.J. Williamson for grant assistance towards the cost of renovation and extension works to their property at 70 Seatown, Cullen be deferred in order for quotations to be submitted on a "material only" basis and for written assurances to be provided that the proposed painting scheme had been adopted voluntarily by the applicants; and

(ii) That Civic Amenity Grants be awarded as follows:-

Applicant Property Grant

Mr. and Mrs. J. Fisher 174 Seatown, Cullen £ 180.50

Mrs. Mary Gill 6 South Castle Street, Cullen £3,874.56

David and Alexander Findlay 9 Victoria Street, Cullen £4,819.00

Mr. Ian C. Hall 13/15 North Castle Street, Cullen £1,950.50

Mr. and Mrs. A.M. Pirie 10 New Street, Findochty £ 123.37

Mr. and Mrs W. Graham 7 New Street, Findochty £3,453.95

Mr. and Mrs C.F. Thain 17 Sterlochy Street, Findochty £1,250.00

Mrs. E.M. Davidson 13 Sterlochy Street, Findochty £ 174.00

Ms. Lynda Buchanan 46 Station Road, Garmouth £1,300.00

Mr. I.R. Mackay Former Railway Station, Mulben £ 520.00

Mackenzie & Cruickshank 107, 109 High Street, Forres £ 500.00

Mr. D.J. Dimney The Dominie, Deskford £2,480.00

23. PLANNING APPEALS 425

(a) Determination of Appeal

SUBMITTED:- A report by the Director of Administration and Law advising of the outcome of the appeals made to the Secretary of State for Scotland against the decision of this Committee to refuse planning permission for the following proposed developments:-

Councillor Mrs. Anderson and Councillor Howe left during discussion of this item.

Appellant(s) Proposed Development Decision

Mr. J.B. Robertson Erect one private dwellinghouse on area of Dismissed land extending to 0.190 acres to the south- west of the B9104 at Fochabers - Spey Bay road, Bogmoor

Mr. A. Flett Erect a dwellinghouse adjacent to Greenbrae Dismissed House, Near Hopeman

Mr. & Mrs R. Clark Erection of a dwellinghouse at the site, near Dismissed Templestone, Rafford

Mrs. A. Lindsay Erect a single storey dwelling at Bridgend Sustained Croft, Pluscarden, Elgin

Hanson & Robertson Erect Non-illuminated fascia sign at Little Dismissed Cross House, South College Street, Elgin

DECIDED:- That the reports be noted.

(b) Intimation of Appeals

SUBMITTED:- Reports by the Director of Administration and Law advising of the following appeals which had been lodged with the Secretary of State for Scotland against refusal of planning permission:-

Appellant(s) Proposed Development

Asda Stores Limited Alter and extend existing superstore and forms new car parking facilities utilising the existing access from Edgar Road, Elgin

Executors of the Late Lord Richard Percy Listed Building Enforcement Notice requiring the reinstatement of the fireplaces removed from Kirkville, South Street, Fochabers

Mr. G. Strathdee Erect a dwellinghouse and garage on the former prefab housing site at Limehillock, Grange, Keith

DECIDED:- That the reports be noted and that the outcome of the appeals be intimated once they had been determined by the Secretary of State for Scotland.

24. LAND AND PROPERTY - TRANSACTIONS AND MANAGEMENT

SUBMITTED:- Reports by the Estate Surveyor and the Assistant Estate Surveyor regarding a number of matters relating to land and property transactions and management. 426

DECIDED:-

(i) That the recommendations in respect of the following property transactions be accepted:-

Name Details/Property/Location Messrs. Devine & Brown Unit 1 Coulardbank Industrial Estate, Lossiemouth - Proposed Lease

Mr. R. Calabrese Unit 4 Coulardbank Industrial Estate, Lossiemouth - Proposed Rent Review

Dingbro Limited Unit 24 Tyock Industrial Estate, Elgin - Proposed Rent Review

Mr. K. Ellis Site 5 Coulardbank Industrial Estate, Lossiemouth - Rent Review

Mr. Jamieson Site at Highland Yards, Buckie - Proposed Termination of Lease

R. and C. Murray Office and Depot Mosstodloch Industrial Estate

---- Ground adjacent to 8 The Yardie, Buckie

(ii) That the Estates Section enter into negotiations with R. and C. Murray to sell the warehouse and depot accommodation which is currently on the lease at the Mosstodloch Industrial Estate and if the negotiations prove successful a further report be placed before this Committee to consider whether the capital receipt arising from the sale could be utilised to remedy the flooding currently experienced by the Estate; and

(iii) That further consideration of the sale of the ground adjacent to 8 The Yardie, Buckie be deferred to the meeting of the District Council on 11th May, 1994.

25. WEST END DEVELOPMENT: GROUND AT HIGH STREET, ELGIN

SUBMITTED:- A report by the Director of Administration and Law regarding the future of land owned by the District Council at the West End of Elgin High Street.

The Director of Planning and Development declared his interest in this item and took no part in its discussion or consideration.

DECIDED:- That the matter be referred to the meeting of the District Council at its meeting on 11 May, 1994 for determination.

26. CONSIDERATION OF ACCESS ISSUES AT LINKWOOD

SUBMITTED:- A report by the Director of Planning and Development informing the Committee of recent investigations to ascertain whether there is any way of resolving matters regarding access issues at Linkwood Industrial Estate and recommending that the District Council continue to liaise with the Local Enterprise Company, Grampian Regional Council and the affected commercial interests at Linkwood to assist in the resolution of the problems.

DECIDED:-

(i) That the District Council continue to liaise with the Local Enterprise Company, Grampian Regional Council and the commercial interests at Linkwood Industrial Estate to assist in the resolution of the problems therein; 427

(ii) That the owner, Mr. Whyte be advised of the District Council's interest; and

(iii) That a further report be submitted to a future meeting of this Committee in order to advise the Committee of the continuing situation.

27. HEPWORTH LANE - "SUNDRY LOAN"

SUBMITTED:- A report by the Director of Finance recommending that the "Sundry Loan" regarding Hepworth Lane, shown in the District Council's balance sheet since 1985/1986, be written off.

DECIDED:- That it be recommended to the Policy and Resources Committee at its meeting on 27th April, 1994 that the outstanding amount in relation to the Hepworth Lane loan be written off.

28. OVERTIME BY DEVELOPMENT CONTROL STAFF

SUBMITTED:- A report by the Director of Planning and Development informing the Committee of overtime which had been worked within the Development Control Section of the Department of Planning and Development during the five week period between one staff member leaving and the arrival of a replacement and recommending that the decision by the Director of Planning and Development to authorise the overtime be homologated.

DECIDED:- That the Director of Planning and Development's decision to authorise overtime be homologated.

29. MORAY VENTURE CAPITAL FUND

SUBMITTED:- A report by the Director of Planning and Development informing the Committee of the proposed expansion of the Moray Venture Capital Fund as proposed at its Extraordinary General Meeting on Thursday 14th April, 1994 and requesting that the Committee appoint a replacement Member to the Fund's Board in light of Councillor Mackenzie's resignation.

DECIDED:-

(i) That the report be noted; and

(ii) That Councillor Swanson be nominated as the District Council's replacement on the Board and the Moray Venture Capital Fund be advised accordingly.

30. UNAUTHORISED WORKS TO LISTED BUILDING

SUBMITTED:- A report by the Director of Planning and Development informing the Committee of unauthorised works to Listed Building within Keith and recommending that an Enforcement Notice be served on the owner under Section 53 (1) and (4) of the 1972 Act requiring that work be carried out to rectify the damage to the stonework. The report also recommended that the owner be informed that grant assistance could be given towards the cost of the work specified within the notice.

DECIDED:-

(i) That an Enforcement Notice be served on the owner under Section 53 (1) and (4) of the 1972 Act requiring work to be carried out to rectify the damage to the stonework; and

(ii) That the owner be informed that grant consideration will be given towards the cost of the works specified within the notice.

31. OUTSTANDING ENFORCEMENT CASES - MONITORING SCHEDULE 428

SUBMITTED:- A report by the Director of Planning and Development in regard to the monitoring of outstanding enforcement cases.

DECIDED:- That the report be noted.

32. ERECTION OF TWO DWELLINGS WITH GARAGES AT VICTORIA STREET/DOVER STREET, PORTKNOCKIE - TAYLOR AND WRIGHT NON COMPLIANCE WITH CONDITIONS

SUBMITTED:- A report by the Director of Planning and Development informing the Committee of the non compliance with the conditions of a planning consent granted at Victoria Street/Dover Street, Portknockie and recommending that enforcement proceedings be withheld pending the determination of further planning applications from the applicant.

DECIDED:-

(i) That enforcement proceedings in relation to the work carried out at Victoria Street/Dover Street be withheld pending the determination of further planning applications from the applicant;

(ii) That the applicant be made aware that the decision to withhold enforcement proceedings was entirely without prejudice to the consideration of any application, and should this not be submitted prior to Friday 13 May, be refused, or any further work be carried out on the buildings, that Enforcement Action would be taken; and

(iii) That the applicant's agent be advised that if any further work on dwelling number 2 is carried out prior to the determination of any forthcoming planning application that Enforcement Action would be taken.

33. ALLEGED CONTRAVENTION OF PLANNING PERMISSION AT FOCHABERS

SUBMITTED:- A report by the Director of Planning and Development informing the Committee of recent circumstances regarding a development within Fochabers and the subsequent complaint received from an adjacent land owner alleging there had been a contravention of the planning permission for the development.

Councillor Thomson left the meeting during discussion of this item.

DECIDED:-

(i) That the developers be invited to submit amended plans showing the building as being constructed and, if appropriate, the District Council approve the plan subject to this not representing a material divergence from the approved consent; and

(ii) That the adjacent riparian owner be advised of the District Council's view in the matter.

34. CLOSE OF BUSINESS

There being no other business the Chairman declared the meeting closed at 12.35 p.m.