16Th June, 1993 in a Meeting of the Planning And

Home , Lossiemouth

16th June, 1993 In a Meeting of the Planning and Development Committee of the Moray District Council held at Elgin on the Sixteenth day of June Nineteen Hundred and Ninety-three.

PRESENT

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

IN ATTENDANCE

The Director of Administration and Law The Director of Planning and Development

ALSO IN ATTENDANCE

The Chief Assistant, Development Control (in respect of items 1 to 6 and 22 to 28 inclusive) The Chief Building Control Officer, Department of Housing and Property Services (in respect of items 1 to 5 and 24 to 28 inclusive) The Senior Planning Assistant, Local Plans and Industry (in respect of items 7 to 19 inclusive)

Prior to commencement of the meeting, Councillor Fleming advised the meeting of the recent deaths of Mrs. Marion Hancock, a former Member of the District Council on which she represented the Lossiemouth Ward and Mrs. Sheila Coulter who had given a great deal of voluntary service to the community. On behalf of the Members and officials of Moray District Council the Chairman, Councillor Lawson expressed the District Council's sorrow and sympathy at these tidings.

1. ADDITIONAL BUSINESS

In terms of the relevant Standing Order, the meeting agreed to accept as an additional item of business to be transacted at the meeting, consideration of an offer from the Moray Venture Capital Fund Limited to the District Council to purchase shares in the Fund on the Chairman certifying that, in his opinion, urgent consideration of this matter was required to enable the meeting to determine whether to accept the offer prior to its expiry date.

2. RESOLUTION

The meeting resolved that in terms of Section 50A(4) of the Local Government (Scotland) 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 13 26 13 27 12 28 6

3. PRIOR MINUTES

(a) Minute of Meeting of dated 5th May, 1993

The Minute of the meeting of this Committee dated 5th May, 1993, as previously approved subject to amendment by the District Council at its meeting on 19th May, 1993, was submitted and approved.

Arising from the Minute:-

(i) Construction of 28 Holiday Homes and Manager's Accommodation including Rehabilitation of 2 Existing Derelict Buildings, Access Road and Landscaping at Delnashaugh south of the B9008 Ballindalloch (921295)

Under reference to para 10 (a)(139) of the Minute, the Director of Planning and Development advised the meeting orally of the decision of Grampian Regional Council to "call-in" the decision of the District Council, as Planning Authority, to grant delegated powers to him to authorise the issue of outline planning permission subject to such conditions as were considered appropriate for the construction of 28 holiday homes and manager's accommodation including the rehabilitation of 2 existing derelict buildings, access road and landscaping at Delnashaugh south of the B9008, Ballindalloch for the Ballindalloch Estate Trust.

Following discussion, it was agreed that the Director of Administration and Law, in consultation with the Director of Planning and Development, make representations to the Secretary of State for Scotland opposing the decision of Grampian Regional Council to "call-in" this application and furthermore challenge the "call-in" following expiry of the 21 day period from receipt of the Direction and on the grounds of inconsistency.

(b) Minute of Ad Hoc Sub-Committee dated 1st June, 1993

The Minute of the meeting of the Ad Hoc Sub-Committee appointed to hear and determine an appeal against a refusal of an application for Relaxation of the Building Standards (Scotland) Regulations 1990 dated 1st June, 1993 was submitted and approved.

4. BUILDING (SCOTLAND) ACTS

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

The meeting noted that 179 applications for Building Warrants had been determined by the Acting Director of Housing and Property Services since the last meeting of this Committee in terms of the powers delegated to him.

(i) Applications for Relaxation

16/920989 Change of use to form 4 houses at Mulben Church, Mulben for Mr. J. Hall per Plans Plus, Main Street, Urquhart

Regulation 9(Q2.5) Requirements with regard to daylighting

16/921383 Erection of 3 warehouses at 42, 43 & 45, Malcolmburn, Mulben for Chivas Brothers Ltd per Cowan & Linn, 8 Park Circus Place, Glasgow

Regulation 9(E2.66) Requirements with regard to the width of escape routes from fixed storage areas

13/921397 Alterations to dwellinghouse at 71 Seatown, Cullen for Mr. J. Clelland per Mr. H. Moir, 6 Charlotte Street, Fochabers

Regulation 9(Q2.5) Requirements with regard to dayllighting

Regulation 9(S2.24) Requirements with regard to headroom to stairs and landings

Regulation 9(S3.4) Requirements with regard to height of protective barriers

04/930344 Alterations at 25 Commerce Street, Elgin for Mr. J. Rose per K.J. King, 19 Milnefield Avenue, Elgin

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

03/930546 Alterations to dwellinghouse at 22 School Walk, Elgin for Mrs M. Graham per Wittets Ltd, 26 Hay Street, Elgin

Regulation 9(S2) Requirements with regard to single steps

13/930616 Extension to dwellinghouse at 5 Commercial Street, Findochty for Mr. J. Bryce per Simpson & Wright, 96 Moss Street, Keith

Regulation 9(Q2.5) Requirements with regard to daylighting

18/930643 Alterations at Gordon Hotel, The Square, Tomintoul for Tomintoul Enterprise per Simpson & Wright, 96 Moss Street, Keith

Regulation 9(E2) Requirements with regard to escape routes

On the recommendation of the Acting Director of Housing and Property Services and subject, where appropriate, to the approval of the Firemaster the meeting agreed that the relaxations applied for be granted 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.

(ii) Application part granted, part refused

10/900678 Alterations to form dwellinghouse at Dellachapel, Innes Road, Garmouth for Mr. & Mrs. B. Battersby per The Architectural Studio, The Orchard, Garmouth

Regulation 9(S2.9) Requirements with regard to number of rises

Regulation 9(S2.24) Requirements with regard to headroom to stairs and landings

On the recommendation of the Acting Director of Housing and Property Services and subject, where appropriate, to the approval of the Firemaster, the meeting agreed that relaxation be granted in respect of Regulations S2.9 and S2.24 as applied to the main private stair between ground and first floor level and refused in respect of Regulation S2.24 as applied to the two rise stair located at first floor level.

5. SCOTTISH BUILDING CONTROL ORGANISATION

There was submitted a report by the Depute Director of Administration and Law commenting on the Annual Meeting of the Scottish Building Control Organisation (SBCO) held in Edinburgh on 22nd March, 1993 and attended by Councillor Mrs. Shaw as the District Council's representative on the SBCO. The meeting noted this report and agreed that the District Council endorse its continued active support for the SBCO.

6. APPLICATIONS FOR PLANNING PERMISSION

(a) Current Applications

Following consideration of the planning applications noted as determined under delegated powers, the Chairman advised the meeting that the Local Plan had been advertised on 11th June 1993 for formal objections and reminded Members of the necessity to deal with the planning applications in accordance with the development control policies contained therein.

The Director of Administration and Law stated that as the Planning Authority, the District Council should pursue a consistent and clear course of decision making and emphasised that should the Committee decide to depart from the Council's policies, then good, valid and specific reasons based on sound planning principles would require to be given to justify the departure or this Authority might be open to allegations of maladministration.

Councillor Howe was not present during consideration of application numbers (1) 930237 to (63) 930021 inclusive and (65) 930032 to (97) 930128 inclusive.

ELGIN - NO. 1 WARD

Applications noted as approved under delegated powers

(1) 930237 Extend dwellinghouse at 18 Mackenzie Place, Bishopmill, Elgin for Mr. & Mrs. G. Ross

(2) 930297 Use an existing room as an aromatherapy treatment room (change of use of one room) at 16 Ferrier Terrace, Bishopmill, Elgin for Mrs. J. E. Linemann

(3) 930418 Extend to the rear of house at 84 Duncan Drive, Bishopmill, Elgin for Mr. G. Rasul

(4) 930461 Erect new garage and cover to side steps at 9 Hamilton Crescent, Elgin for Mr. J. Grant

(5) 930480 Proposed reprovision of airmen's married quarters at 110 & 112 Lossiemouth Road, Bishopmill, Elgin for Ministry of Defence

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

(6) 930121 Erection of 2 bedroomed house at Muir of Linksfield, Bishopmill, Elgin for Mr. G. Harrold (outline)

ELGIN - NO. 2 WARD

Applications noted as approved under delegated powers (7) 930071 Erect new dwellinghouse on garden site at 2 Ashgrove, Elgin for Mr. J.A. Kelly

(8) 930238 Retrospective application to erect a boundary wall between two properties at 15 & 13 Longmoor Crescent, Bishopmill, Elgin for Mr. D. Connelly

(9) 930249 Alter and extend dwellinghouse at 6 Pinefield Road, Elgin for Mr. J. McCook

(10) 930255 Change of use of existing double garage to granny flat at 5 Linksfield Court, Elgin for Mr. A. Kennedy

(11) 930304 Erect a building contractor's yard, workshop and offices (site no. 16) Chanonry Industrial Estate, Elgin for Grant Construction (Elgin) Limited

(12) 930335 Change of use from a furniture store to a joiners workshop and yard at 2 Parade Spur South, Pinefield Industrial Estate, Elgin for Glenmoray Joiners and Builders

(13) 930375 Erect a conservatory to replace existing and retrospective permission for existing side porch at 13 Reid Street, Bishopmill, Elgin for Mr. & Mrs. M. Burchell

(14) 930384 Erect new workbay and reposition washbay Coachpark, Tyock Industrial Estate, Elgin for Mr. R. Love

(15) 930498 Erect sun porch at 26 Grampian Road, Elgin for Mr. T.D. Stewart

Application approved subject to conditions

Councillor A. Farquharson declared an interest and took no part in the consideration and determination of the following application.

(16) 930476 Renewal of temporary consent to operate electronics business from workshop, Brewery Bridge Cottage, Kingsmills, Elgin for Mr. A. Farquharson

After consideration of a report by the Director of Planning and Development, the meeting agreed that planning permission be granted subject to the following conditions:-

(i) 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;

(ii) the approval hereby granted is only for a limited period, expiring on 30 June, 1998;

(iii) upon expiry of the time-period of the permission hereby granted the use of the building for the electronics business shall be discontinued and the building shall revert to its former domestic use as a garage.

Reasons:

(i) 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;

(ii) in order that the Planning Authority may retain control over the use of the site and to ensure that further consideration can be given to the operation, effects and impact of the use approved herewith on the amenity and character of the surrounding area; (iii) to retain control over the development.

ELGIN - NO. 3 WARD

Applications noted as approved under delegated powers

(17) 930157 Extend existing dwellinghouse and erect detached garage at 46 Land Street, New Elgin, Elgin for Mr. & Mrs. J.R. Gardiner

(18) 930308 Erect new sun lounge at 135 Muirfield Road, New Elgin, Elgin for Mr. J. Menzies

(19) 930368 Erect conservatory to rear of property at 54 Springfield Road, Elgin for Mr. G. Munro

Application refused

(20) 930270 Erect 2 x 3 Apartment Flats, Alter Ex Shop/House to form 2/3 Apartment Flats and change of use of shop to flats at 12-14 Main Street, New Elgin, Elgin for Mr. A. MacDonald

After consideration of a report by the Director of Planning and Development, Councillor Mrs. Anderson, seconded by Councillor Jappy, moved that this application be approved on the grounds that the application proposed the retention of the front of the building facing onto Main Street and therefore would meet the criteria of existing character retained whereas the dwellinghouse already developed adjacent to the proposed development does not appear to comply with the existing character retained policy.

Following discussions, Councillor Mrs. Anderson, with the approval of her seconder, withdrew the motion and the meeting agreed thereafter that planning permission be refused on the following grounds:-

(i) the proposal is contrary to the adopted policies of this Authority for development within areas designated as "existing character retained";

(ii) the proposal by reason of restricted plot size would result in a cramped form of development and lead to an unacceptable over-development of the site, prejudicial to the amenities of both the proposed and existing adjacent properties and the general character of development in the locality.

In view of the restricted size of the site, it was agreed that the Director of Planning and Development advise the applicant that favourable consideration may be given to the erection of a single dwelling, of a modest size, positioned to the rear and the sub-division of the existing property to form two flats.

ELGIN - NO. 4 WARD

Applications noted as approved under delegated powers

(21) 930215 Erect 14 no flats (amended layout) at Darliston, Hay Street, Elgin for Robertson Residential

(22) 930276 Convert loft space and form new conservatory for disabled person at Marlow, Petrie Crescent, Elgin for Mr. & Mrs. I. Brown

(23) 930363 Install a new shop front at 150 High Street, Elgin for Mr. A. Asher

(24) 930383 Erection of three flag poles at Wards Road, Elgin for H. M. Customs & Excise (25) 930389 Form ramped access for disabled persons 9/11 North Guildry Street, Elgin for Grampian Regional Council

(26) 930462 Alterations and extension at 29 Wiseman Road, Elgin for Mr. & Mrs. R.K. Oswald

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

(27) 920878 Erect extension to retail unit at MacKays, 118-120 High Street, Elgin for MacKays Stores

(28) 920879 Listed Building Consent to erect extension to retail unit at MacKays, 118-120 High Street, Elgin for MacKays Stores

(29) 930035 Lay out a temporary car park for 40 private cars for 2 years at Dr. Grays Hospital, Elgin for Grampian Health Board

Application refused

(30) 930271 Extend existing first floor dormer window at Armadale, West Road, Elgin for Mr. J. Spence

After consideration of a report by the Director of Planning and Development and Members having had the opportunity of visiting the site, Councillor Proctor moved that this application be approved on the grounds that no objections had been received in relation to this proposal and the extension of the existing first floor dormer window was essential for headroom and ventilation.

As there was no seconder for the motion, the motion fell and thereafter the meeting agreed that planning permission be refused on the following grounds:-

(i) the extension of the dormer would have a detrimental effect on the visual balance of the semi- detached properties;

(ii) approval of the proposal would be contrary to the Council's existing Character Retained Policy.

FORRES - NO. 5 WARD

Applications noted as approved under delegated powers

(31) 930161 Erect implement shed at Muiryshade Golf Course, Forres for Moray District Council

(32) 930168 Erect single storey detached dwellinghouse and garage on part of nursery site at Invererne Road, Forres for Mr. D.W. Williamson (outline)

(33) 930244 Change use of garage into workshop (commercial) 20 MacDonald Drive, Forres for Mrs. M.C. Rose

(34) 930316 Extend existing dwellinghouse at 20 Barwell Road, Forbeshill, Forres for Major O.T. Nygaard

(35) 930370 Extend living room and form covered porch at 9 Drumduan Gardens, Forres for Mr. J.C. Barclay

(36) 930397 Erect a conservatory at 84E High Street, Forres for Mr. D.G. Morrison

(37) 930454 Erect additional garage with new roof at 7 White Road, Forbeshill, Forres for Mr. & Mrs. Urquhart FINDHORN VALLEY - NO. 6 WARD Applications noted as approved under delegated powers

(38) 930315 Extend kitchen bents green, 10 Pilmuir Road West, Forres for Mr. D.M. Bell

(39) 930150 Alter house types and incorporate extra plot at plots 18-25 and 36-38 Mannachie, Sanquhar, Forres for Headland Properties Ltd

(40) 930220 Install proposed LPG tank on Plot No. 11 Elvin Place, Findhorn for Mr. D. Shanks

(41) 930286 Erect a wooden garage and lean-to at Wardend House, Altyre, by Forres for Mr. A.G. Cumming

(42) 930301 Erect house and garage on site adjacent to property at Lynnfield, Burghead Road, Kinloss for Mr. & Mrs. R. Stewart

(43) 930359 Erection of a conservatory (Solid Roof) at Auchenmore, Kintessack, Forres for Mr. R. MacKenzie

(44) 930360 Erect porch to existing dwelling at Cantsford Croft, Rafford for Mrs. A.A.R. Torrie

(45) 930366 Erect an extension at 43 Pilmuir Road West, Forres for Mr. P.D. Ballard

(46) 930379 Erect rear kitchen extension at 1 Abbey View, Kinloss for Mr. C. Farquhar

(47) 930399 Renovate cottage by adding a windbreak porch, two dormers, garden shed and a slate roof with enlarged skylight at 169 Findhorn, Forres for Mr. M. Laurano

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

(48) 921337 Convert an outbuilding to a sauna at Minton House, Findhorn for Mrs. J.A. Meynell

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

(49) 930141 Alterations at 34 Findhorn, Findhorn for Mr. B. Hay

LAICH - NO. 7 WARD

Applications noted as approved under delegated powers

(50) 921110 Convert loft space at Kilmorey, McDonald Crescent, Burghead for Mr. C. McChristie

(51) 921332 Alter and extend house and demolish outbuildings at Croila Cottage, Cummingston for Mr. A. Rodger

(52) 930166 Enlarge house at 3 Forties Place, Lossiemouth for Mr. A. McIntosh

(53) 930169 Upgrade and extend house at 61 Forteath Street, Burghead for Mr. D. Smith

(54) 930250 Provision of new dormer windows at 49 Forteath Street, Burghead for Mrs J. Watson (55) 930252 Erect new dwellinghouse and garage on Plot 46 Coulardbank Road, Lossiemouth for Ms. S. Wilson

(56) 930266 Erect bungalow and garage on Plot 38 Golfview, Hopeman for Tulloch of Cummingston

(57) 930290 Change of use of existing garage to motor cycle parts at Mail Order Room, Lower Backlands, Hopeman for Mr. R. Stewart

(58) 930319 Erect house and garage on Plot 50 Boyd Anderson Drive, Lossiemouth for Mr. & Mrs. A. Aitken

(59) 930374 Amend plans to 2 - 3 bedroom semi-detached bungalows and 2 detached garages on Plot 15 Golfview, Hopeman for Tulloch of Cummingston

(60) 930396 Erect a conservatory and install an LPG Tank at Light Hope, Cummingston for Mr. & Mrs. J. Main

(61) 930403 Retrospective permission to convert garage to bedroom and erect sun lounge at 6 Clark Street, Hopeman for Mr. I. Leslie

(62) 930456 Erect a conservatory to rear of property at 26 Dunbar Street, Burghead for Mr. J.H. Angus

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

(63) 930021 Erect new dwellinghouse and garage on Plot 2 Manse Road, Hopeman for Mr. J. Muir Application approved subject to conditions

(64) 930130 Change of use of steading to vehicle sales mart and market at Balormie Farm, Muirton, Lossiemouth for Mr. R. Falconer

After consideration of a report by the Director of Planning and Development the meeting agreed, following discussion, to defer consideration of this application pending circulation of further papers relating to this application.

Following lunch, prior to which the appropriate papers had been circulated consideration of this application resumed and Councillor Thompson, seconded by Councillor Swanson, moved that this application be determined at this meeting.

As an amendment Councillor Mackenzie, seconded by Councillor Howe, moved that this application be deferred until the next meeting of this Committee on the grounds that further papers relating to this application had only been circulated at the meeting; he was concerned at the implications of this proposal; and the meeting had not had adequate time to consider further information received from the applicant regarding the scope and usage of the proposed development.

On a division, there voted:-

For the motion (15) For the amendment (3) Abstentions (0)

Councillors:- Councillors:-

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

The motion became the finding of the meeting and it was agreed that this application be determined at this meeting.

Thereafter, following further discussion Councillor Lawson, seconded by Councillor Mackenzie, moved the suspension of Standing Orders to allow the meeting's previous decision to be reconsidered.

As an amendment Councillor Jappy, seconded by Councillor Mann, moved that Standing Orders not be suspended.

On a division, there voted:-

For the motion (2) For the amendment (16) Abstentions (0)

Councillors:- Councillors:-

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

The amendment became the finding of the meeting and it was agreed not to suspend the Standing Orders.

Following discussions, Councillor Mackenzie, seconded by Councillor Swanson moved that this application be refused on the grounds that the proposal is contrary to the existing and previous Local Plans regarding retailing outwith the centre of Elgin, the proposal is detrimental to the rural and commercial sectors in Elgin and road access and vehicular activity may pose a major problem.

As an amendment Councillor Thompson, seconded by Councillor Wilson, moved that this application be approved subject to conditions as recommended by the Director of Planning and Development. On a division, there voted:-

For the motion (2) For the amendment (15) Abstentions (1)

Councillors:- Councillors:- Councillor:-

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

The amendment became the finding of the meeting and it was agreed that planning permission be granted subject to the following conditions:-

(i) the approval hereby granted is for a limited period, expiring 2 years from the date of this decision at the end of which, unless otherwise approved by the District Council, as Planning Authority, the use shall cease;

(ii) notwithstanding the provisions of the Town and Country Planning (General Development) (Scotland) Order 1992, or any Order revoking and re-enacting that order, that aspect of the development hereby permitted for the sale and display for sale of motor vehicles shall not subsequently be used as a shop;

(iii) the premises shall only be open to the public for the sale and display of motor vehicles on one week day per week;

(iv) no vehicle movements or other activity associated with the sale and display of motor vehicles shall take place on the site between 7 pm on the day prior to the sale and 8.30 am on the day of the sale, or after 11 p.m. on the day of the sale;

(v) the premises shall only be open to the public as an indoor market and car boot sales area on Sundays and between the hours of 9 a.m. and 5 p.m.;

(vi) no vehicle movements or other activity associated with the indoor market and car boot sales area shall take place on the site between 7 p.m. on Saturday and 8.30 a.m. on Sunday or after 9 p.m. on the day of the market or car boot sales; (vii) all sales and display of goods for sale in connection with the development hereby approved shall be contained within the building outlined in blue;

(viii) all customer car parking and parking of traders delivery vehicles shall be contained within the area outlined in green and the area demarcated by a post and wire fence; (ix) prior to the commencement of the indoor market and car boot sales, a plan, drawn to scale, indicating the layout of the building for these uses, shall be submitted to and approved by, the Director of Planning and Development;

(x) prior to the commencement of the development, a plan, drawn to scale, indicating not less than four passing laybys along the access track from the public road, shall be submitted to and approved by, the Director of Planning and Development;

(xi) the width of vehicular access at its junction with the public road shall be 5.0 metres and have a maximum gradient of 1:20 measured for the first 5.0 metres from the edge of the public carriageway. Section of access over the public verge shall be to GRC specification and surfaced in bitmac;

(xii) the access radii shall be 10.7 metres;

(xiii) the development hereby approved shall not commence until the road improvements referred to in the foregoing three conditions have been completed, to the satisfaction of the Director of Planning and Development, in connection with the Divisional Roads Surveyor, GRC;

(xiv) there shall be no public address system, or playing of amplified music outwith the building, in connection with the uses hereby approved.

Reasons:-

(i) in order that the Planning Authority may retain control over the use of the site and to ensure that further consideration can be given to the operation, effects and impact of the use approved herewith on the amenity and character of the area and its retail hierarchy;

(ii) in order to retain Local Authority control over the use of the site and to ensure that consideration can be given to the effects and impact of uses other than that approved herewith;

(iii), (iv), (v), (vi), (vii) and (viii) in order that the Planning Authority may retain control over the use of the site and to ensure that further consideration can be given to the operation, effects and impact of the use approved herewith on the amenity and character of the area;

(ix) in order that further consideration can be given to the matters specified;

(x) in order to ensure that there are adequate vehicle passing places along the access track; (xi), (xii) and (xiii) in the interests of road safety;

(xiv) in order to control the effects of noise from the site on the amenity of the area.

Application deferred

(65) 930032 Erect dwellinghouse at St. Aethans Road, Burghead for Mr. & Mrs. J.S. Leggat (outline)

After consideration of a report by the Director of Planning and Development the meeting agreed to defer consideration of this application to await a further application on adjacent ground.

Applications refused

(66) 921438 Erection of dwellinghouse on site adjacent to property at Greenbrae Cottage, Near Hopeman for Mr. A. Flett

After consideration of a report by the Director of Planning and Development, the meeting agreed that planning permission be refused on the following grounds:-

(i) the proposal is neither related to tourism nor recreation and is therefore contrary to the District Council's policy for protecting the coastline between settlements;

(ii) the proposal would establish an undesirable precedent for the development of a similar site to the east which would further exacerbate the impact of ribbon development between Hopeman and Cummingston.

LOSSIEMOUTH - NO. 8 WARD

Applications noted as approved under delegated powers

(67) 930208 Alter and extend existing dwelling at Greystones, Dunbar Street, Lossiemouth for Mr. & Mrs. M. Burns

(68) 930230 Erect a bungalow and garage on land adjacent to 18 Elgin Road, Lossiemouth for Mr. & Mrs. Donald

(69) 930307 Alter and extend dwellinghouse at rear of property at 68 Moray Street, Lossiemouth for Mr. G. Laing

(70) 930311 Erect a garage and builder's store at Rose Lane, Lossiemouth for Mr. B. Stewart

(71) 930333 Erect a portable unit as a temporary tourist information centre at Station Park, Pitgaveny Street, Lossiemouth for Moray Tourist Board

(72) 930446 Erect a garage at Morven on Sea, Commerce Street, Lossiemouth for Mr. & Mrs. A. Milne (73) 930448 Erect a garage and change of use of public amenity ground to rear of property and Dunromin, Dunbar Court, Lossiemouth for Mr. G. Fowler

(74) 930468 Erect store and garage at Ruthven, Stotfield Road, Lossiemouth for Mr. J. Robertson

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

(75) 930098 Erect proposed domestic garage at Skerry Lodge, Stotfield Road, Lossiemouth for Mr. J. McPherson

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

(76) 930162 Erect 2 No. Dwellinghouses with integral garages to rear of property at 38 Kinneddar Street, Lossiemouth for Mr. L. Woodward (outline)

Application refused

(77) 921417 Erect 2 No Semi-Detached houses to lane off street, James Street, Lossiemouth for Mr. M. Dean

After consideration of a report by the Director of Planning and Development and Members having had the opportunity of visiting the site, the meeting agreed that planning permission be refused on the following grounds:-

(i) the proposal is contrary to the adopted policies of this Authority for development within areas designated as "Existing Character Retained";

(ii) the erection of two dwellinghouses with integral garages on this site would constitute over- development, which would result in houses lacking in amenity and which would have a detrimental effect on the amenity and character of adjoining property and the surrounding area;

(iii) the proposed development would result in an increase in the number of vehicles entering the lane. The lane is a means of access, by virtue of sub-standard road surfacing, would result in conditions prejudicial to road safety to other users of this lane.

HELDON - NO. 9 WARD

Applications noted as approved under delegated powers

(78) 911375 Erect dwellinghouse at Thomshill, Birnie, by Elgin for Mr. R. Fraser (outline)

(79) 920575 Enlarge the house at Paddockhaugh Cottage, Birnie, Elgin for Mr. & Mrs. N. Devine

(80) 930136 Erect dwellinghouse at Thomshill, Birnie, Elgin for Mr. G. Winton (outline)

(81) 930203 Erect dwellinghouse at Level, Birnie, Elgin for Mr. & Mrs. G.J. Routledge (outline)

(82) 920247 Alter and extend dwellinghouse at Benview, Main Street, Dallas for Mrs. C. Tasker

(83) 930302 Alter and extend house at Paddockhaugh, Birnie, by Elgin for Mr. & Mrs. J. Smith

(84) 930322 Proposed extension to house at Little Buinach Farmhouse, Kellas, Near Elgin for Mr. & Mrs. J. Albiston (85) 930358 Alts, Addts, conversion and change of use of office, eng. workshop and stores buildings to form technical centre at Miltonduff Distillery, Elgin for Allied Distillers Limited

(86) 930381 Erect a timber framed agricultural building at Asleisk, Castle Farm, Alves for Mr. C. Manson

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

(87) 921391 Erect single storey dwelling at Bridgend Croft, Pluscarden, Elgin for Mrs. A. Lindsay

Applications deferred

(88) 880760 Erect two dwellinghouses on Site C, Miltonduff, by Elgin for Mr. W.A. Yool (outline)

After consideration of a report by the Director of Planning and Development the meeting agreed to defer consideration of this application pending the expiry of the six week period for the receipt of formal objections following publication of the Moray District Local Plan 1993-1998.

(89) 880862 Erect dwellinghouse on Plot 4, Muir of Miltonduff, near Elgin for Mr. F. Thomson (outline)

(91) 901098 Erect dwellinghouse at Lochiepotts, Miltonduff, by Elgin for Mr. S.P. McConnell (outline)

Applications refused

Application numbers 930123, 930124, 930125, 930126, 930127 and 930128 were considered together with the approval of the Committee.

(92) 930123 Erect building on Plot 6 Lochiepotts Road, Miltonduff, Moray for Home Options (outline)

(93) 930124 Erect building on Plot 5 Lochiepotts Road, Miltonduff, Moray for Home Options (outline)

(94) 930125 Erect building on Plot 4 Lochiepotts Road, Miltonduff, Moray for Home Options (outline)

(95) 930126 Erect building on Plot 3 Lochiepotts Road, Miltonduff, Moray for Home Options (outline) (96) 930127 Erect building on Plot 2 Lochiepotts Road, Miltonduff, Moray for Home Options (outline)

(97) 930128 Erect building on Plot 1 and road access, Lochiepotts Road, Miltonduff, Moray for Home Options (outline)

After consideration of reports by the Director of Planning and Development and Members having had the opportunity of visiting the site, Councillor Lawson, seconded by Councillor Mrs. Shaw, moved that these applications be deferred pending the expiry of the six week period for the receipt of formal objections following publication of the Moray District Local Plan 1993-98.

As an amendment Councillor Jappy, seconded by Councillor Mackenzie, moved that these applications be determined as submitted. On a division, there voted:-

For the motion (6) For the amendment (11) Abstentions (0) Councillors:- Councillors:-

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

The amendment became the finding of the meeting and it was agreed that these applications be determined as submitted.

Following discussions and after consideration of the recommendation of the Director of Planning and Development, the meeting agreed that these applications be refused on the following grounds:-

(i) inadequate vehicular/pedestrian access to the site to service the number of houses proposed; the applicant not having sufficient land within his ownership to undertake improvements to the road;

(ii) in terms of the Housing in the Countryside Policies for Miltonduff South the layout, as submitted, is considered to be tightly packed and not randomly dispersed in relation to the rest of the settlement.

ADJOURNMENT OF MEETING

The meeting adjourned for lunch (time 12.30 p.m.).

RESUMPTION OF MEETING

The meeting resumed after lunch (time 2.00 p.m.) when the following Members were present.

The Director of Administration and Law The Director of Planning and Development

INNES - NO. 10 WARD

Applications noted as approved under delegated powers

(98) 921448 Convert redundant farm buildings to two dwellinghouses at Pittensair Steading, Loch Na Bo, Lhanbryde for Lady Margaret Tennant (outline)

(99) 930216 Erect proposed lounge extension at Northfield, 3 Beils Brae, Urquhart for Mr. B. Morrison

(100) 930221 Additional roof accommodation and alterations, reception and canopy at 15 Elsher Road, Lhanbryde for Mr. G. Nicol

(101) 930240 Demolish existing cottage and erect new dwellinghouse and garage at Lilac Cottage, Maverston, Urquhart for Mr. & Mrs. C. Birnie

(102) 930291 Erect new double garage at Bungalow, Urquhart for Mr. & Mrs. A. Laing

(103) 930320 Proposed house at Corskie, Garmouth for Mr. & Mrs. J. Green

(104) 930228 Erect storage building at Burnside of Dipple, Fochabers for Mr. D. Brown

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

(105) 930232 Erect house (Site A), Hallowood, Troves, Near Elgin for Mr. S. Strathdee (outline)

(106) 930233 Erect house (Site E), Hallowood, Troves, Near Elgin for Mr. S. Strathdee (outline)

(107) 930234 Erect house (Site C), Hallowood, Troves, Near Elgin for Mr. S. Strathdee (outline)

(108) 930235 Erect house (Site B), Hallowood, Troves, Near Elgin for Mr. S. Strathdee (outline)

(109) 930236 Erect house (Site D), Hallowood, Troves, Near Elgin for Mr. S. Strathdee (outline)

Applications deferred

(110) 930288 Change of use of disused land to taxi business including siting of caravan and car parking at Mosstodloch Filling Station, Mosstodloch for Mr. C. Nicol

After consideration of a report by the Director of Planning and Development, having noted the terms of objections referred to therein and members having had the opportunity of visiting the site, Councillor Mrs. Shaw, seconded by Councillor Mrs. Davidson, moved that this application be deferred to the next meeting of this Committee in order to investigate the following:-

(i) what control can be exercised over the site by the applicant to ensure that the site is maintained in an acceptable state;

(ii) clarification of the provision of toilet facilities on a 24 hours per day basis; (iii) the question of apparent dismissal, by the applicant, of an alternative site and what enquiries were made of the District Council, as the owner of the adjoining industrial site, regarding availability of potential accommodation.

As an amendment Councillor Swanson moved that this application be refused on the grounds of noise and safety as detailed in the report by the Director of Planning and Development.

As there was no seconder for the amendment, the amendment fell and it was agreed that this application be deferred to the next meeting of this Committee for further investigation in terms of the motion.

(111) 920104 Erect houses on ground to north of property at Whinnyhaugh, Blinkbonnie, Kingston for Mr. A. Boyne (outline)

After consideration of a report by the Director of Planning and Development the meeting agreed to defer consideration of this application on the following grounds:-

(i) the site is located within the Blinkbonnie Rural Community as defined by the Moray District Local Plan 1993-1998 where further development is to be restricted on character and access grounds;

(ii) determination of the application in advance of expiry of the advertisement period for formal objections to the Moray District Local Plan 1993-1998 would prejudice consideration of any such objections should they be received.

(112) 920105 Erect houses on ground to west of property at Wards, Kingston for Mr. A. Boyne (outline)

After consideration of a report by the Director of Planning and Development the meeting agreed to defer consideration of this application on the following grounds:- (i) the site is located outwith the Blinkbonnie Rural Community, as defined by the Moray District Local Plan 1993-1998 where development is restricted on character and access grounds and proposals immediately outwith the boundary are unacceptable;

(ii) determination of the application in advance of expiry of the advertisement period for formal objections to the Moray District Local Plan would prejudice consideration of any such objections should they be received.

(113) 920343 Erect new dwellinghouse on ground adjacent to property at Tam O Rone, Station Road, Urquhart for Mr. J. Boyne (outline)

After consideration of a report by the Director of Planning and Development the meeting agreed to defer consideration of this application on the following grounds:-

(i) the site forms part of a larger area of land allocated at Beils Brae for both housing and environmental improvements, the development of which requires a layout for the entire area. The proposal as submitted represents a piecemeal form of development which would prejudice and be contrary to the objectives, provisions and requirements of the Moray District Local Plan;

(ii) determination of the application in advance of the expiry of the advertisement period for objections to the Moray District Local Plan would prejudice consideration of any such objections should they be received.

(114) 910520 Erect 3 bedroom bungalow and adjoining garage at Templand Cottage site, St. Andrews Road, Lhanbryde for Mr. & Mrs J.H. Grant

After consideration of a report by the Director of Planning and Development the meeting agreed to defer consideration of this application on the following grounds:- (i) in order to await the outcome of the Lhanbryde By-Pass Inquiry on which the Secretary of State's decision is expected shortly, the results of which will likely indicate whether or not there is a reasonable prospect for the provision of an access from Robertson Road to the application site and the adjoining property, Hillcrest;

(ii) to give further consideration to the validity, and reasonableness of any planning conditions which could be imposed should the District Council, as Planning Authority, wish to proceed to grant planning permission;

(iii) to enable the applicant the opportunity to (a) enter into further negotiations with the adjoining owner of Hillcrest, in order to achieve a mutually satisfactory proposal for the joint access arrangement and (b) to investigate the provision of an alternative means of access on ground over which the applicant has control. BUCKIE - NO. 11 WARD

Applications noted as approved under delegated powers

(115) 930149 Erect a new house and garage at Star Garage, Main Street, Buckie for Mr. D.M. Grant

(116) 930193 Erect house with attached garage on Plot 1, Land Street, Buckpool, Buckie for Mr. G. Thomson

(117) 930269 Extend existing house at 4 Midmar Street, Buckie for Mr. G. Quinn

(118) 930287 Erect a garage/store and boundary walls at 39 St Peters Road, Buckie for Mr. V.T. Fraser

(119) 930299 Erect house and garage on Plot 2, Land Street, Buckpool, Buckie for Mr. A. McGettrick

(120) 930345 New bay window to front of house at 13 Cairnfield Crescent, Buckie for Mr. C. Bremner

(121) 930361 Renewal of temporary consent: Existing store building at 8 Yardie, Buckie for Mr. C. Cameron

(122) 930365 Alter and extend dwellinghouse and erect a garage at 21 Robert Street, Buckie for Mrs. J.P. Legge

(123) 930400 Demolish existing rear extension and build new extension together with internal alterations to house at 33 Gordon Street, Buckie for Mr. & Mrs. C. Smith

(124) 930474 Provide new dormer window at Netherha Home, Netherha Road, Buckie for Grampian Regional Council

BUCKIE - NO. 12 WARD

Applications noted as approved under delegated powers

(125) 930057 Extend existing premises to form store at 1 March Road Industrial Estate, Buckie for Spey Fish

(126) 930258 Erect a portable unit as temporary tourist information centre in car park (north east corner) at Cluny Square, Buckie for Moray Tourist Board

(127) 930321 Replace existing lifeboat station with new facility at Commercial Road, Buckie Harbour, Buckie for Royal National Lifeboat Institution (128) 930442 Convert store to domestic garage at 23 Chancellor Road, Portessie, Buckie for Mr. J. Murray

Application approved subject to conditions

(129) 920905 Erect 4 blocks of semi-detached houses at March Road, Buckie for Mr. K.M. Young (outline)

After consideration of a report by the Director of Planning and Development, the meeting agreed 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;

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

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

(iv) the illustrative details of the layout for four bungalows with a single access do not form part of the consent hereby granted, but shall be the essential basis on which the necessary detailed consent is submitted;

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

Reasons:

(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) in order to clarify the consent granted, and ensure a safe and proper layout;

(v), (vi) and (vii) in the interests of road safety

RATHFORD - NO. 13 WARD

Applications noted as approved under delegated powers

(130) 920917 Alter and extend dwellinghouse and remove external stairs and extension to rear of property at 8 South Blantyre Street, Findochty for Mr. & Mrs. J. Harkins

(131) 920918 Listed Building Consent to alter and extend dwellinghouse and remove external stairs and extension to rear of property at 8 South Blantyre Street, Findochty for Mr. & Mrs. J. Harkins

(132) 921444 New conservatory to rear of property at Netherton Farmhouse, Netherton Farm, Findochty for Mr. & Mrs. Gribble (133) 930189 Erect house with integral garage on Plot 2, Dyce Crescent, Findochty for Mr. G.F. Campbell

(134) 930309 Proposed conservatory at 19 Seafield Street, Portknockie for Mr. W.J. Thain

(135) 930310 Listed Building Consent for proposed conservatory at 19 Seafield Street, Portknockie for Mr. W.J.F. Thain

(136) 930328 Renew roof, windows, refurbish interior, install septic tank at 7 Berry Hillock, Deskford, Cullen for Mr. J. McGuire

(137) 930329 Listed Building Consent to renew roof, windows, refurbish interior, install septic tank at 7 Berry Hillock, Deskford, Cullen for Mr. J. McGuire

(138) 930341 Erect fascia sign, sign board at Cullen Tourist Information Centre, Cullen for Moray Tourist Board

(139) 930342 Listed Building Consent to erect fascia sign, sign board at Cullen Tourist Information Centre, Cullen for Moray Tourist Board (140) 930380 Erect proposed house and garage at Cathay Terrace, Cullen for Mr. N.P. Angus

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

(141) 921256 Demolish three existing garages and erect seven new flats at 35 Seafield Street, Cullen for Mr. & Mrs. T. MacFarlane

(142) 921257 Conservation Area Consent to demolish three existing garages and erect seven new flats at 35 Seafield Street, Cullen for Mr. & Mrs. T. MacFarlane

(143) 930254 Erect garage at 5 Admiralty Street, Portknockie for Mr. & Mrs. Spencer

Application refused

(144) 920426 Erect new dwellinghouse on ground adjacent to property at 10 Findlater Drive, Cullen for Mr. G. Wilson (outline)

After consideration of a report by the Director of Planning and Development the meeting agreed that planning permission be refused on the grounds that the proposed position of the site could prejudice the proper layout of plots, roads and amenity areas in the area designated R1 in Cullen in the Moray District Local Plan.

It was further agreed that the Director of Planning and Development advise the applicant that favourable consideration may be given to an alternative application which provides for a plot within a layout for R1 or part of R1.

LENNOX - NO. 14 WARD

Applications noted as approved under delegated powers

(145) 921024 Erect staff accommodation and toilets for riding centre at Redmoss Riding Centre, Drybridge for Mr.& Mrs. M. Courage (outline)

(146) 930097 Conversion of store to house (former dwellinghouse) and install new septic tank at Williamstown, Whitfield Farm, Drybridge, Buckie for Mr. & Mrs. Mather (147) 930109 Retrospective application for an extension for 40 additional sites at Burnside Caravan Site, near Fochabers for Christies (Fochabers) Ltd

(148) 930138 Form private amenity pond on ground at Hillpark, Clochan, Buckie for Mr. & Mrs. D.A. Smith

(149) 930317 Proposed lay-by and footway (Plots 1 to 4) Arradoul, Buckie for Colin Murray Developments

(150) 930323 Alter building and change of use of home to 3 self catering holiday units at Mor-Abair, Spey Bay, Fochabers for Christies (Fochabers) Ltd

(151) 930402 Extend house at Glenburn, 2 Burnside Road, Fochabers for Mr. C.I. Dorman- Jackson

(152) 930460 Erect a new soil stack on the front elevation to serve new bathroom at 4 East Street, Fochabers for Crown Estate Commissioners

(153) 930470 Relocate septic tank at 22 Nether Dallachy, Fochabers for Crown Estate Commissioners

(154) 930471 Listed Building Consent to erect a new soil stack on the front elevation to serve new bathroom at 4 East Street, Fochabers for Crown Estate Commissioners

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

(155) 920750 Erect dwellinghouse at Upper Dallachy Farm, Upper Dallachy, Spey Bay for the Crown Estate Commissioners (outline)

(156) 930029 House site and demolition of wall at 2 Gordon Street, Fochabers for Mr. & Mrs. D. McInnes (outline)

(157) 930156 Conservation Area Consent to demolish wall and outline application to erect a dwellinghouse at 2 Gordon Street, Fochabers for Mr. & Mrs. D. McInnes

Applications deferred

(158) 920022 Erect single dwellinghouse with garage on land adjoining property at Croft, Clochan, Buckie for the Crown Estate Commissioners (outline)

After consideration of a report by the Director of Planning and Development the meeting agreed to defer consideration of this application in order that the application may be reconsidered once the period for receipt of objections to the Moray District Local Plan 1993-1998 has expired.

(159) 920751 Erect two dwellinghouses with garages at Auchenhalrig, Fochabers for the Crown Estate Commissioners (outline)

(160) 920838 Proposed non-illuminated signboard on A98 Standalone Junction, Arradoul, by Buckie for Mrs. D. Horne After consideration of a report by the Director of Planning and Development the meeting agreed to defer consideration of this application to the next meeting of this Committee given that the question of road signs was due to take place at a forthcoming planning seminar.

KEITH - NO. 15 WARD

Applications noted as approved under delegated powers

(161) 930115 Erect a class 1 supermarket, associated car parking and new public road at Regent Street, Keith for Wm. Low & Company Plc

(162) 930229 Proposed house and garage on Plot 19 Broomhill Court, Keith for Messrs. Linn Developments

(163) 930305 Proposed house and garage at 79-81 Regent Street, Fife-Keith, Keith for Mr. C.A. Innes

(164) 930313 Alter and extend dwellinghouse and erect double garage at 55 Fife Street, Keith for Mr. & Mrs. Stevenson

(165) 930343 Fascia sign and 2 No. Panel Signs, Keith Tourist Information Centre, Keith for Moray Tourist Board

(166) 930393 Erect garage and garden walls at 77 Nelson Terrace, Keith for Mr.& Mrs. G. Grant

(167) 930398 Remove existing roof and provide new roof together with internal alterations to house at 17A Land Street, Keith for Mr. D. Regazzoni

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

(168) 930241 Internal alterations to lounge bar and forming a disabled toilet at Grampian Hotel, Regent Square, Fife-Keith for Mr. P. Matheson

(169) 930262 Retrospective planning consent in respect of a partly completed house on site 6 Nelson Terrace, Fife Keith, Keith for Mr. & Mrs. G. Paterson

Application deferred

(170) 920158 Proposed 7 site private housing development at Newmill Road, Keith for Mr. C. Murray (outline)

After consideration of a report by the Director of Planning and Development the meeting agreed to defer consideration of this application on the following grounds:-

(i) the site is indentified for housing in the Moray District Local Plan 1993-1998 which is currently being advertised for formal objections;

(ii) representations regarding the proposed designation of the site for housing were received in connection with the Consultative Draft of the Plan;

(iii) determination of the application in advance of the expiry of the advertisement period for formal objections would prejudice the consideration of any such objections should they be received.

STRATHISLA - NO. 16 WARD

Applications noted as approved under delegated powers

(171) 930214 Erect bungalow at Ploverwards, Grange for L. & K. Duguid (outline) (172) 930268 Extend existing dwellinghouse at Maisley Farm, Keith for Mr. & Mrs. W. Stronach

(173) 930281 New kitchen, dining area and laundry at Abercairn, Aultmore, Keith for Mr. & Mrs. Sim

(174) 930324 Erect one dwellinghouse at Belnagarrow, Craigellachie for Mr. N. Alexander

(175) 930417 Extend house at Crannochlea, North Crannoch, Grange for Mr. & Mrs. W. Leith

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

(176) 920972 Build dwellinghouse at Muir of Turtory, by Huntly for Mr. W.J.C. Stewart (outline)

(177) 921104 Erect traditional single storey dwellinghouse and septic tank at Moss Side Croft, Knauchland Road, Rothiemay for Mr. G.J. Dyke (outline)

Applications deferred

(178) 930086 Erect house and attached garage at Viewfield, Craigellachie for Mr. & Mrs. C. Ironside

After consideration of a report by the Director of Planning and Development, the meeting agreed to defer consideration of this application on the following grounds:-

(i) the proposal requires consideration on the basis of policies in the Moray District Local Plan 1993- 1998 which is currently being advertised for formal objections;

(ii) representations regarding the identification of land in this area for housing were received in connection with the Consultative Draft Plan;

(iii) determination of the application in advance of the expiry of the advertisement period for formal objections would prejudice the consideration of any objections which may be received regarding the identification of land in this area in the Local Plan.

Application numbers 920025, 920031, 920032, 920033, 920035, 920045, 920050 and 920051 were considered together at the approval of the Committee.

(179) 920025 Proposed smallholding No. 6 including new house at Birchbrae, Craigellachie for Messrs. S. Strathdee & A. Adam

(180) 920031 Proposed smallholding No. 4 including new house at Birchbrae, Craigellachie for Messrs. S. Strathdee & A. Adam

(181) 920032 Proposed smallholding No. 1 including new house at Birchbrae, Craigellachie for Messrs. S. Strathdee & A. Adam

(182) 920033 Proposed smallholding No. 3 including new house at Birchbrae, Craigellachie for Messrs. S. Strathdee & A. Adam

(183) 920035 Proposed smallholding No. 2 including new house at Birchbrae, Craigellachie for Messrs. S. Strathdee & A. Adam

(184) 920045 Proposed smallholding No. 7 including new house at Birchbrae, Craigellachie for Messrs. S. Strathdee & A. Adam (185) 920050 Proposed smallholding No. 8 including new house at Birchbrae, Craigellachie for Messrs. S. Strathdee & A. Adam

(186) 920051 Proposed smallholding No. 5 including new house at Birchbrae, Craigellachie for Messrs. S. Strathdee & A. Adam

After consideration of reports by the Director of Planning and Development the meeting agreed to defer consideration of these applications on the following grounds:-

(i) the proposal requires consideration on the basis of policies in the Moray District Local Plan 1993- 1998 which is currently being advertised for formal objections;

(ii) representations regarding the identification of land in this area for housing were received in connection with the Consultative Draft of the Plan;

Applications refused

(187) 930179 Erect dwellinghouse and garage at Drum Farm, Keith for Messrs. G.C.W. Chalmers

After consideration of a report by the Director of Planning and Development and Members having had the opportunity of visiting the site, Councillor Mrs. Davidson, seconded by Councillor Proctor, moved that this application be approved as submitted on the grounds that this is the only possible site for the proposed development given the constraints imposed by the adjacent power lines and the applicant would be taking semi-retirement and although moving from the main farmhouse would still be involved in the working of the farm.

As an amendment Councillor Farquharson, seconded by Councillor Lawson, moved that this application be refused as recommended by the Director of Planning and Development.

On a division, there voted:-

For the motion (6) For the amendment (6) Abstentions (6)

Councillors:- Councillors:- Councillors:-

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

The Chairman exercised his casting vote in favour of the amendment and it was agreed that planning permission be refused on the following grounds:-

(i) the proposal is contrary to the policies of this Authority regarding development in the countryside;

(ii) the proposal involves unplanned development in an attractive countryside location which would be out of keeping with and detrimental to the amenity and character of the area; (iii) the proposal would establish an undesirable precedent for proposals of a similar nature relating to other areas of fields and woodland in the vicinity;

(iv) the design of the proposal does not adequately reflect the established style of buildings in the general vicinity, is contrary to Local Plan policy governing new development in the countryside (reference Keith Area Local Plan page 25, paragraph 7.3.2) and would stand out as a discordant element in the landscape.

(188) 930251 Erect traditional single storey dwellinghouse and septic tank on site of demolished croft at Burn of Aultmore Croft, Glen of Newmill, Keith for Mr. A. Aspinall & Mrs. J. Cotton (outline)

(i) the proposal is contrary to the policies of this Authority regarding development in the countryside;

(ii) the proposal involves unplanned development in an attractive countryside location which would be out of keeping with and detrimental to the amenity and character of the area;

(iii) the proposal would establish an undesirable precedent for proposals of a similar nature relating to other areas of fields and woodland in the vicinity.

It was remitted to the Director of Planning and Development to undertake discussions with the applicant regarding the question of his making a further application and whether a fee would be payable in respect thereof.

SPEYSIDE - NO. 17 WARD

Applications noted as approved under delegated powers

(189) 930219 Erect a house and garage on site of ruins (and including a caravan to be occupied during construction) at South Polduie, Edinvillie, near Aberlour for Mr. & Mrs. J.F. Robson

(190) 930231 Extend existing dwellinghouse at 24 Provost Christie Drive, Rothes for Mr. & Mrs. A. Murphy

(191) 930263 Retrospective application: Modifications to dwellinghouse and construct a patio area at Shean, Mary Avenue, Aberlour for Mr. G. Proud

(192) 930277 Erect house on plot 4 at Sellar Place, The Dowans, Aberlour for Mr. L. Grant

(193) 930278 Erect a garage for two cars at Sandyhillock, Elchies, Aberlour for Mr. & Mrs. McIntosh

(194) 930279 Erect a garage and carport at Marypark, Glen of Rothes, Rothes for Mr. D. Dunbar-Nasmith

(195) 930282 New sign at Speyside Cooperage, Drumfurrich, Dufftown Road, Craigellachie for Speyside Cooperage Limited

(196) 930284 Change of use of land from agricultural land to picnic site/car parking at Gallow Hill, Orton, near Rothes for Delfur Estate

(197) 930349 Erect a conservatory and garage at Westwood, Aberlour Gardens, Aberlour for Mr. C. Easton (198) 930357 Erect a dwellinghouse on Plot No. 4 Mary Avenue, Aberlour for Mr. J. Laing

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

(199) 921364 Continuation and extension of workings at Rothes Glen Quarry, Glen of Rothes, Rothes for Speyside Sand and Gravel Quarries Limited

(200) 930085 Erect temporary classrooms at Craigellachie Primary School, Craigellachie for Grampian Regional Council

(201) 930330 Erect house and garage on Site 2 Ben Rinnes Drive, Tomnabent, Edinvillie for Mr. S. Strathdee

(202) 930331 Erect house and garage on Site 4 Spey Valley Drive, Tomnabent, Edinvillie for Mr. A.W. Adam

(203) 930336 Erect house and garage on Site 6 Ben Rinnes Drive, Tomnabent, Edinvillie for Mr. S. Strathdee

(204) 930337 Erect house and garage on Site 5 Ben Rinnes Drive, Tomnabent, Edinvillie for Mr. S. Strathdee

(205) 930346 Erect house and garage on Site 6 Spey Valley Drive, Tomnabent, Edinvillie for Mr. A.W. Adam (206) 930347 Erect house and garage on Site 5 Spey Valley Drive, Tomnabent, Edinvillie for Mr. A.W. Adam

(207) 930352 Erect house and garage on Site 1 Ben Rinnes Drive, Tomnabent, Edinvillie for Mr. S. Strathdee

(208) 930353 Erect house and double garage on Site 4 Ben Rinnes Drive, Tomnabent, Edinvillie for Mr. S. Strathdee

(209) 930354 Erect house and double garage on Site 3 Ben Rinnes Drive, Tomnabent, Edinvillie for Mr. S. Strathdee

Application deferred

(210) 920208 Erect 7 dwellinghouses and garages at High Street, Archiestown for Mr. G. Milne (outline)

After consideration of a report by the Director of Planning and Development the meeting agreed to defer consideration of this application on the following grounds:-

(i) the site is identified for housing in the Moray District Local Plan 1993-1998 which is currently being advertised for formal objections;

(ii) representations regarding the proposed designation of the site for housing were received in connection with the Consultative Draft of the Plan;

(iii) determination of the application in advance of the expiry of the advertisement period for formal objections would prejudice the consideration of any such objections should they be received.

GLENLIVET - NO. 18 WARD

Applications noted as approved under delegated powers (211) 930135 Erect proposed dwellinghouse with integral garage at Louise Street, Dufftown for Mr. L. McIntosh

(212) 930253 Erect dwellinghouse and domestic garage to rear of property at 8 Main Street, Tomintoul for Ms. J. M. Herschell

(213) 930340 Erect fascia board and sign board at Tomintoul Tourist Information Centre, Tomintoul, Ballindalloch for Moray Tourist Board

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

(214) 930113 Erect new dwellinghouse on ground to rear of property at 55 Balvenie Street, Dufftown for Mr. & Mrs. I. Ross (outline) Councillor Proctor left the meeting at this juncture.

(b) 920212: Demolish Existing Extension and Erect Garage, Kitchen Etc. Extension at 10 Brumley Brae, Elgin

Under reference to para. 5(3) of the Minute of this Committee dated 22nd April, 1992 when the Committee agreed to approve, subject to conditions, an application by Mr. & Mrs. Sim to demolish the existing extension and erect a garage, kitchen, etc. extension at 10 Brumley Brae, Elgin there was submitted a report by the Director of Planning and Development advising Members of the complaint made by an adjoining proprietor, Miss Noble of 8 Brumley Brae regarding the granting of the application, notwithstanding her objections and the District Council's failure to subsequently notify her of the outcome of the application.

Following discussion and Members having had a further opportunity to visit the site, it was agreed that the Director of Planning and Development in consultation, as necessary, with the Director of Administration and Law advise Miss Noble that no further action will be taken by the District Council in respect of this planning approval in response to her complaints other than to reiterate the District Council's previous apology.

A discussion followed regarding the existing system of delegation as exercised by the Director of Planning and Development after consultation with the individual Local Members regarding developments in their Wards, to both approve and refuse applications for planning permission (para. 5 of the Minute of this Committee dated 25th March, 1992 refers).

It was agreed that the Director of Planning and Development should continue to exercise the current system of delegated powers on the basis previously approved by this Committee for a further six month period following the advertisement on 11th June, 1993 of the final draft of the District Wide Local Plan, at the expiry of which period the question of the use of these powers will be discussed at a seminar. The meeting further agreed that the Director of Planning and Development should put forward at that seminar possible alternatives to the current scheme with a view to expediting, without undue delay, the processing and determination of planning applications to enable consideration to be given to the existing system and whether it should continue in its current form or be subject to such amendments as the Committee might consider appropriate.

7. CAPITAL EXPENDITURE PROGRAMME 1993/94

There was submitted and noted a report by the Director of Planning and Development detailing the capital expenditure which had been incurred to 16th June, 1993 on the various projects which had been approved by the District Council for capital expenditure in the current financial year on the planning account.

Arising therefrom:- (i) Keith: St. Thomas Church - Grant Aid Towards Cost of Repairs

The meeting noted that it was unlikely that the projected works would be undertaken this year and therefore it was anticipated that no expenditure would be incurred on this project in 1993/94.

(ii) Elgin: Town Centre - Contribution to Pedestrianisation Scheme

The meeting noted a request from Grampian Regional Council for the District Council to contribute 100% of the cost of plantings at the Plainstones, Elgin and agreed that the Director of Planning and Development consult with the Director of Leisure and Libraries regarding what plantings may be undertaken as part of the traffic calming measures at a maximum cost of £1,000 and proceed accordingly.

It was further agreed that should an adequate display not be possible within the sum of £1,000, the matter be referred to this Committee in order to seek further funds.

(iii) Lossiemouth: New Industrial Work Site Servicing at Coulardbank

The meeting agreed to incur the additional expenditure of £4,123 for this project with the additional cost being met within the Committee's capital expenditure budget and authorised the Director of Planning and Development to proceed accordingly.

8. MORAY VENTURE CAPITAL FUND LIMITED

The Director of Planning and Development advised the meeting orally of the invitation to the District Council from Moray Venture Capital Fund Ltd (MVCF), as selling agents for Robertsons of Elgin, to purchase 10,000 shares at £1.00 per share.

Councillor Lawson advised the meeting that following the decision of Grampian Regional Council to replace all the existing Regional Directors on the Fund, he had submitted his resignation and had no interest, financial or otherwise, in the Fund.

The meeting agreed that the Director of Administration and Law advise MVCF of the District Council's decision not to proceed with the offer to purchase on the grounds that for the District Council to accept the offer would increase the public sector's involvement in the Fund at the expense of that of the private sector. It was further agreed that the Director of Administration and Law advise Grampian Regional Council of the District Council's decision and reason for declining the offer to purchase.

9. RAIL SERVICES

Under reference to para. 6 of the Minute of this Committee dated 5th May 1993, and after an oral report by the Director of Planning and Development on the reply received from ScotRail following the District Council's representations to restore the early morning rail link between the first Inverness to Aberdeen train and the Aberdeen to Glasgow train, it was noted that ScotRail were unable to run the 0452 Inverness to Aberdeen train 10 to 15 minutes earlier without incurring substantial extra signalling costs and that following completion of the remedial safety works at farm crossings, ScotRail would be looking at renewing the rail link between the first Inverness train and the 0710 hours Aberdeen to Glasgow train.

Following discussion, it was agreed that the Director of Planning and Development request ScotRail to respond to the District Council's previous concerns (para. 6 of the Minute of this Committee dated 5th May 1993 refers) and to expand on their remarks that they would incur "substantial extra signalling" costs should the early morning Inverness to Aberdeen train run 10 to 15 minutes earlier, the amount of costs and how they fell to be calculated.

Additionally, it was further agreed that the Director of Planning and Development make further representations to ScotRail regarding the current rail fare pricing structure and in particular the cost of the return ticket from Aberdeen to Elgin and also on the delayed opening of the Keith Railway Station on 11th June and report further to this Committee in due course.

Councillor Farquharson left the meeting at this juncture.

10. THE SEAFISH (CONSERVATION) ACT

Under reference to para. 15 of the Minute of this Committee dated 5th May, 1993 and following an oral report by the Director of Planning and Development, Members were reminded to submit their comments on the implications for the local fishing industry of the Seafish (Conservation) Act as soon as possible in order to enable the Director of Planning and Development to co-ordinate all the replies and respond accordingly to COSLA.

11. APPLICATIONS FOR OBJECTIVE 1 AND 5B STATUS - PRESENTATION

Under reference to para. 22 of the Minute of the District Council dated 30th May 1993, the meeting noted the terms of an oral report by Councillor Lawson regarding his participation in a Parliamentary Lobby which had been arranged under the aegis of Grampian Regional Council in support of the granting of Objective 1 Status to the western and southern areas of Moray District and Objective 5b Status to the remainder of the District and to the rest of Grampian Region other than Aberdeen City District.

It was agreed that the Director of Planning and Development, in consultation with the Chairman and the Director of Administration and Law, arrange a convenient date for Mr. C. Paterson, European Liaision Officer, Grampian Regional Council to give a presentation to the District Council.

12. PROPOSED PORTKNOCKIE TOWN SCHEME

Under reference to para. 20 of the Minute of this Committee dated 6th January, 1993 and after consideration of a report by the Director of Planning and Development, the meeting noted that a public meeting regarding the proposed Portknockie Town Scheme would be held in Portknockie on Thursday 24th June, 1993 at which Mr. F. Laurie, Deputy Director, Historic Scotland would be in attendance to answer questions from members of the public.

13. GRANGE BUSINESS ASSOCIATION

After consideration of a report by the Director of Planning and Development regarding a request received from the Grange Business Association for financial assistance towards the administration and establishment costs of their organisation, it was agreed that a grant of £500, from the Rural Development Fund, be awarded to the Association.

It was further agreed that the District Council should form a closer link with the Association by requesting regular reports from the Association and that the District Council become more directly involved in the affairs of the Association, to promote the activities and services of the District Council as an economic development agency.

Councillors Mrs. Anderson and Mrs. Scott left the meeting at this juncture.

14. PRIVATE (UNADOPTED) ROADS PROGRAMME 1993/94

Under reference to para. 19 of the Minute of this Committee dated 5th May 1993, Members having had the opportunity of visiting the four unadopted roads in question and after consideration of a report by the Director of Planning and Development, Councillor Lawson, seconded by Councillor Mrs. Shaw, moved that the District Council incur the proposed expenditure for the 1993/94 Private (Unadopted) Roads Programme as detailed at the meeting on the grounds that the monies involved were within the Programme budget for 1993/94. As an amendment, Councillor Howe, seconded by Councillor Fleming, moved that Auchness Farm Road, Dallas be deleted from the 1993/94 Private (Unadopted) Roads Programme as not representing value for money.

On a division, there voted:-

For the motion (8) For the amendment (6) Abstentions (0)

Councillors: Councillors:-

Lawson Howe Mrs. Shaw Fleming Aldridge Mrs. Cumiskie Mrs. Davidson Jappy Mackenzie Longmore Mann Wilson Swanson Thompson

The motion became the finding of the meeting and it was agreed that the District Council incur the proposed expenditure for the 1993/94 Private (Unadopted) Roads Programme as contained within the Programme budget for 1993/94 at a cost of £10,970 for Upper Lyne, Edinvillie; £1,085 for East Carlton Terrace, Buckie; £5,250 for Littler Pavilion, Aberlour and £16,005 for Auchness Farm Road, Dallas.

Thereafter, on the motion of Councillor Aldridge, and with the unanimous consent of the meeting it was agreed to suspend Standing Orders to enable the meeting to reconsider its decision. Subsequently it was agreed that Upper Lyne, Edinvillie be considered for the Private (Unadopted) Roads Programme for 1994/95 as and when the Committee come to consider submissions for 1994/95.

It was further agreed that the Director of Planning and Development invite all Members to submit proposals for works for consideration under the Roads Programme for both 1993/94 and 1994/95 in order to utilise the outstanding balance of funds and also for 1994/95 and thereafter report on the proposals received to this Committee to determine which schemes will be undertaken in 1993/94 and 1994/95.

It was further agreed that the Director of Planning and Development in consultation with the Acting Director/Director Designate of Housing and Property Services consider the matter of repairs/upgrading of the roads in housing developments owned by the District Council for a further report to this Committee.

Councillors Howe and Longmore left the meeting at this juncture.

15. BALLOCH TRUST ENTERPRISES - REQUEST FOR FINANCIAL ASSISTANCE

After consideration of a report by the Director of Planning and Development regarding an application for financial assistance, the meeting agreed that it be determined as follows:-

Applicant/Organisation Grant

Balloch Trust Enterprises - Operation of Keith Advice Centre £4,500

16. PROPOSED SITE OF SPECIAL SCIENTIFIC INTEREST: LETHENHILL, NORTH OF HELDON WOOD

After consideration of a report by the Director of Planning and Development, it was agreed that the Director of Planning and Development advise the Scottish Natural Heritage that the District Council has no objections to the designation of a new site of Special Scientific Interest at Lethenhill, on the northern slopes of Heldon Hill.

Councillor Howe rejoined the meeting at this juncture.

17. PRODUCTION OF CATALOGUE AND MEMBERSHIP OF SCOTTISH RIGHTS OF WAY SOCIETY

After consideration of a report by the Director of Administration and Law, the meeting agreed that the District Council take up corporate membership of the Scottish Rights of Way Society at a cost of £60 for the year beginning 1st July, 1993. It was further agreed that the Director of Administration and Law ascertain what level of financial assistance the Scottish Rights of Way Society is seeking as a financial contribution to the production of a Catalogue of Rights of Way in Scotland and report further to this Committee.

18. RIGHTS OF WAY PROCEDURE

There was submitted a report by the Depute Director of Administration and Law regarding the procedures being followed by the District Council, as Local Planning Authority in terms of the Countryside (Scotland) Act 1967, to protect and maintain public rights of way in Moray District.

The meeting noted that it was proposed to establish and maintain an index of all rights of way in Moray District which have been the subject of investigation, court action or any other formal procedure and agreed that to assist in dealing with enquiries from the general public and Community Councils, a report on current rights of way be submitted for information to this Committee on a quarterly basis.

It was further noted that individual queries regarding rights of way in Moray District should be raised direct with Miss McNab, Solicitor or the Director of Administration and Law.

Councillor Longmore rejoined the meeting at this juncture.

19. BUCKIE FORMER RAILWAY LINE

After consideration of a report by the Director of Planning and Development with regard to improvement works on the former railway line through Buckie, and Members having had the opportunity of visiting the site, it was agreed that the District Council support the preparation of design briefs and investigation of constraints to both the Cluny Square/Harbour and the Carlton Terrace sections of the cutting and report further to the next meeting of this Committee.

Councillors Mrs. Cumiskie and Longmore left the meeting at this juncture.

20. ELGIN PEDESTRIANISATION: WORKING PARTY

Under reference to para. 22(3) of the Minute of this Committee dated 5th May, 1993 there was submitted a report by the Director of Planning and Development regarding the remit and constitution of the Working Party set up to progress proposals for pedestrianisation of Elgin High Street.

The meeting noted the progress to date and agreed the proposals for the future of the Working Party as detailed in the report and that a progress report on the pedestrian survey being conducted jointly with Moray Badenoch and Strathspey Enterprise and Moray District Council be submitted to the next meeting of this Committee.

Councillors Mrs. Davidson and Mann left the meeting at this juncture. 21. BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST - APPLICATIONS FOR GRANT After considering reports by the Director of Planning and Development the meeting agreed to determine the following applications for grants in respect of buildings of special architectural or historic interest as follows:-

Applicant Property Grant

Mrs. R. Runcie 203 Seatown, Cullen £ 480.00

Mrs. A.M. Drummond 83 Seatown, Cullen £3,709.47

Moray District Council 8a,8b, and 10 Grant Street, Cullen £9,657.00 Hous. & Prop. Services Dept.

North of Scotland Mission Methodist Church, 182 Seatown, Cullen £ 680.38 Circuit of Methodist Church per Mr. A. Innes

Mr. & Mrs. D.J. Burton 21 Victoria Street, Cullen £ 155.00

Mr. W. Cowie Site at Rear of 11 Castle Street, Cullen £4,758.75

Mr. Bulger Archiestown Hotel, Archiestown Refused

Mr. J. Prince St. Margarets, 4 Duke Street, Fochabers £ 660.00

Law & Dunbar Nasmith Edinkillie Parish Church Watch House £2,500.00 Partnership on behalf of the owner

Law & Dunbar Nasmith Findhorn Church of Scotland £3,000.00 Partnership on behalf of the owner

Mr. W. Slater 6 Pulteney Street, Portknockie £ 392.00

22. PLANNING APPEALS

Determination of Appeals

There were submitted reports by the Director of Administration and Law informing the meeting of the outcome of seven appeals made to the Secretary of State for Scotland against decisions of this Committee to refuse planning permission for proposed developments; the meeting noted that these appeals had been determined as follows:-

Appellant(s) Proposed Development Decision

Mr. & Mrs. F. Wylie Erect a four bedroom bungalow and double Dismissed garage at Kirkview, Paddockhaugh, Birnie (outline)

Mrs. H. Anderson Demolish existing building and erect a Dismissed new dwelling at the Smithy, Kintessack, Forres (outline)

Mr. J. Law Erect a three bedroomed bungalow and double Dismissed garage at Bridge of Burnend, Drummuir, Keith (outline) Mr. B. Brown Erect five dwellinghouses (outline) and Dismissed erect two dwellinghouses at Braehead, Milltown of Edinvillie, Aberlour

Westerton Properties Ltd Erect a dwellinghouse on land adjoining property Dismissed at Tullich Cottage, Dufftown (outline)

Mr. A.J. McCartan Erect a new dwelling at Cnoc An Eas, Newton Sustained of Struthers, Kinloss (outline)

Mr. W. Moffat Erect two dwellinghouses at Braeview, Milltown Sustained in of Edinvillie, Aberlour (outline) part and granted outline planning permission for the erection of a single storey dwellinghouse

Intimation of Appeal

The meeting was informed of the following appeal which had been lodged with the Secretary of State for Scotland against refusal of planning permission:-

Appellant Proposed Development

Mrs. D. Harper Erect proposed dwellinghouse in grounds of property at 20 Fleurs Place, Elgin (outline)

23. MOSSTODLOCH INDUSTRIAL ESTATE - FLOODING

Under reference to para. 25 of the Minute of this Committee dated 24th March 1993, there was submitted a report by the Principal Civil Engineer advising Members on the situation, as at 1st June 1993, with regard to flooding at Mosstodloch Industrial Estate.

The meeting noted that the next quarterly report to be submitted to the Planning and Development Committee would include an estimate of the costs taking account of the requirements of the North of Scotland River Purification Board for permitting discharge into the River Spey.

Councillor Fleming left the meeting at this juncture.

24. LAND AND PROPERTY - TRANSACTIONS AND MANAGEMENT (paras. 8 & 9)

After considering reports by the Estate Surveyor and his Assistant regarding Land and Property - Transactions and Management, the meeting agreed that they be determined as follows:-

Name Details/Property/Location Decision

City Electrical Factors Ltd Rent Review of Unit 23 Tyock Accept recom- Ind. Est., Elgin mendation for rent review

Miss D. Cowie t/a Direct Temporary Lease from 17th June Accept recom- Roofing Supplies to 16th July, 1993 of Unit 2, March mended terms Road Ind. Est., Buckie and conditions

The Moray Association Lease of Units B and D Pinefield Accept recom- for Mental Health Co. Ltd Business Centre, Elgin mended terms and conditions

Mr. G. Findlay Extension of Site area at Unit 4, Accept recom- t/a Spey Fish Processors March Road Ind. Est., Buckie mended terms and conditons

Mr. N. McGlochlan Lease of 26 Perimeter Road, Pinefield Accept recom- t/a Clifton Motors Ind. Est., Elgin mended terms and conditions

Le Bruns Contractors Ltd Request for District Council to Refuse purchase site at Drumduan, Forres

Name Details/Property/Location Decision

Mr. J. Ferguson Purchase of Premises at Highland Given that the t/a Cluny Auctions Yards currently leased from the Building Agreement District Council to Mr. Ferguson with R. Benzie appears to have compromised the overall development of this site for the foreseeable future, it was agreed to continue consideration to the meeting of the District Council on 30th June

Councillor Fleming rejoined the meeting at this juncture.

25. DEFECTIVE WALL AT 47 SEATOWN, BUCKIE (para. 13)

After consideration of a report by the Acting Director of Housing and Property Services and Members having had the opportunity of visiting the site, the meeting in noting the unstable and potentially dangerous condition of the wall located on the boundary of the property at 47 Seatown, Buckie authorised the Chief Building Control Officer to serve Notice in terms of Section 13 of the Building (Scotland) Act 1959 as amended to have the wall either repaired, removed or otherwise made safe. The meeting also agreed that should the occupier dispute that he should meet the whole costs of the necessary works the Chief Building Control Officer report further to this Committee.

It was further agreed that the Chief Building Control Officer investigate the cost of obtaining an Engineer's survey of the whole embankment and report to this Committee.

The Director of Planning and Development left the meeting at this juncture.

26. SCRAP/STORAGE YARD AT MOSSIDE, ROTHIEMAY - MR RIDDELL (para. 13)

There was submitted and noted a report by the Director of Planning and Development regarding the history of the scrap/storage yard at Mosside, Rothiemay and the failure of the owner/occupier to comply with the planning consent conditions which had resulted in the deterioration of the appearance of the site.

It was agreed that the Director of Planning and Development in consultation, as necessary, with the Director of Administration and Law take enforcement action to secure containment of scrap material at the site on the basis previously approved which would allow for the retention of scrap and materials within the area to the east of the dwelling at Mosside as previously defined.

27. ERECTION OF TWO DWELLINGHOUSES AT NEWLANDS LANE, BUCKIE - PROGRESS REPORT (para. 12)

Under reference to para. 34 of the Minute of this Committee dated 5th May, 1993 and after consideration of a report by the Director of Planning and Development, the meeting noted the terms of the settlement which had been reached by the District Council's insurers with the complainant.

28. ALLEGED MALADMINISTRATION IN PROCESSING OF PLANNING APPLICATION: CLAIM FOR COMPENSATION (para. 6)

There was submitted a report by the Directors of Administration and Law and Planning and Development summarising the background to a claim for compensation arising from alleged maladministration in the processsing of an outline planning application on behalf of Westerton Properties Limited for the erection of a dwellinghouse on land adjoining Tullich Cottage, Dufftown.

The meeting noted the report and agreed that the Director of Administration and Law, in consultation as necessary with the Director of Planning and Development, advise the claimant of the Authority's decision to reject the claim for compensation and offer a further apology for the mistake made during the processing of the application.

29. CLOSE OF BUSINESS

The Chairman declared the meeting closed at 5.10 p.m.