526 THE MORAY COUNCIL MINUTE OF MEETING OF THE ENVIRONMENTAL SERVICES COMMITTEE WEDNESDAY 29 SEPTEMBER 2004 COUNCIL OFFICE, ELGIN PRESENT Councillors A.R. Wilson (Chairman), R.F. McIntosh (Vice-Chairman), J.C. Hogg (Vice-Chairman), A. Bisset, T.M. Bothwell, A.R. Burgess, R.J. Burns, A.E. Coutts, J.A. Divers, L. Gorn, J. Hamilton, R. Hossack, A. Keith, J.A. Leslie, S.D.I Longmore, G. McIntyre, J. MacKay, P.B. Paul, R. Sim, J. Stewart, A. Urquhart, W.P. Watt and I.R. Young APOLOGIES Apologies for absence were intimated on behalf of Councillors E. McGillivray and R.H. Shepherd. IN ATTENDANCE The Director of Environmental Services, the Head of Development Services, the Head of Direct Services, the Chief Finance Officer, the Acting Development Control Manager, the Planning and Development Manager, the Head of Estates Services, the Building Control Manager, A McEachan, Senior Solicitor (Commercial and Conveyancing) and the Senior Committee Services Officer, Clerk to the Meeting. 1. ORDER OF BUSINESS In terms of Standing Order 25 the meeting noted Item 5 (a) “Building Control Section – Impact on Increased Applications Upon Staff Resources” and Planning Application 04/01065/OUT, pages 37 – 46 of the Director’s Report on Planning applications, had been withdrawn from the Agenda. 2. DECLARATION OF GROUP DECISIONS In terms of Standing Order 20 the meeting noted that there were no declarations from group leaders or spokespersons in regard to any prior decisions taken on how members will vote on any item on the Agenda. 3. EXEMPT INFORMATION The Meeting agreed, in terms of Section 50A (4) and (5) of the Local Government (Scotland) Act 1973, as amended, that subject to taking Item 14 on the Agenda “Building Control and Development Control Sections : Impact of Increased Applications upon Staff Resources [Para 1] in the public section of the meeting as Item 10 (d) on the Agenda, 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 below so as to avoid disclosure of exempt information of the class described in the appropriate paragraph of Part I of Schedule 7A of the Act. Para No. of Minute Para No. of Schedule 7A 15 1 16 9 17 1 18 1 & 6 4. CURRENT PLANNING APPLICATIONS HELDON & LAICH – NO 12 WARD (a) 04/00121/FUL Change of use from private stables to livery and equestrian training on site of Lyneside Croft, Rafford, Forres for Mrs Avril Johnston. h:\planning\minutesEN20040929M0 527 Under reference to Paragraph 11(h) of the Minute of Meeting of this Committee dated 4 August 2004 there was submitted a report by the Director of Environmental Services recommending that, subject to conditions detailed in the report, planning consent be granted in respect of an application for the change of use from private stables to livery and equestrian training on site at Lyneside Croft, Rafford for Mrs Avril Johnston. The meeting noted that the application had been deferred from the Committee on 4 August in order to give the applicant an opportunity to consider the relocation of the access to the north of the site for commercial use and restricting the use of the existing access to private use only. In her response dated 23 August 2004, a copy of which was appended to the report, the applicant intimated, that she wished the application to be determined as submitted. Following discussion Councillor Urquhart, seconded by Councillor Burgess, moved that the application be approved as recommended, subject to the conditions detailed in the report. The Local Member, Councillor Hogg advised the meeting that his sole concern regarding the application related to the existing access arrangements, which are now having to cope with additional usage arising from a commercial enterprise. He referred Members to the site plan accompanying the Director’s report and made reference to the location of the adjoining occupiers in relation to the site and the proposed access arrangements. He was of the view that, whilst existing site access was suitable for the applicant’s own use, it was not suitable for commercial enterprise in that the increased heavy vehicle and horse activity impinges upon the amenity of the adjoining occupiers and if approved would be contrary to policies S/IMP1, L/IMP1 and L/IMP2(ii) & (iii) in regard to amenity and for these reasons moved refusal of the application. The amendment was seconded by Councillor Hamilton. Prior to moving to the vote clarification was sought, in the event of the amendment being carried, as what would be the Council’s position with regard to enforcing the access arrangements. The Director of Environmental Services advised the meeting that he would have concerns in regard to controlling a planning consent through a condition. He also advised the meeting that, in the event of the application being refused, the applicant could appeal the decision. On a division there voted:- For the Motion (16) - Councillors Urquhart, Burgess, Wilson, McIntosh, Bisset, Bothwell, Burns, Coutts, Hossack, Keith, Leslie, Longmore, McKay, Paul, Stewart and Young For the Amendment (6) - Councillors Hogg, Hamilton, Divers, McIntyre, Sim and Watt Abstentions (1) - Councillor Gorn Accordingly the motion became the finding of the meeting and it was agreed that the application be approved, as recommended, subject to the following conditions:- 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 is granted. 2. Unless otherwise agreed with the Council, as Planning Authority, the development hereby approved shall be carried out strictly in accordance with the approved plans and conditions. 3. There shall be no floodlighting, public address system or amplified music associated with the use hereby approved. 4. No competitive events shall take place on the land. 5. There shall be no more than 8 horses kept and looked after on the land at any one time. This number shall include those owned and kept by the owner of the site. 6. The land shall be used for activities reasonably related to the training of horses and riding lessons only. h:\planning\minutesEN20040929M0 528 Reasons: 1. The time limit condition is imposed in order to comply with the requirements of Section 58 of the Town and Country Planning (Scotland) Act 1997. 2. 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. 3. In order to minimise any potential impact on the amenity of nearby residential properties. 4. To control scale and impact of development on neighbouring residential properties. 5. To control the scale and impact of development on neighbouring residential properties. 6. For the avoidance of doubt. (b) 04/01753/OUT Outline to erect dwellinghouse at Bancroft, Carsehill, Alves for Mr Richard Thompson. There was submitted a report by the Director of Environmental Services recommending that, subject to conditions detailed in the report, planning consent be granted in respect of an outline application to erect a dwellinghouse at Bancroft, Carsehill, Alves for Mr Richard Thomson. The meeting noted that the application was being referred to Committee, in terms of the Scheme of Delegation, as a departure from the Development Plan, which was being recommended for approval, and given that no objections had been received, a Hearing was not required. The reasons for recommending approval of the departure were set out in the report on the application. Following consideration the Committee agreed to approve the application, as an acceptable departure, subject to the following conditions:- 1. (a) That in the case of any reserved matter, application for approval must be made before:- (i) that expiration of 3 years from the date of the grant of outline planning permission; or (ii) the expiration of 6 months from the date on which an earlier application for such approval was refused; or (iii) the expiration of 6 months from the date on which an appeal against such refusal was dismissed; whichever is the latest: provided that only one such application may be made in the case after the expiration of the 3 year period mentioned in sub-paragraph (i) above. (b) That the development to which the permission relates must be begun not later than whichever is the later of the following dates:- (i) the expiration of 5 years from the date of the grant of outline planning permission; or (ii) the expiration of 2 years from the final approval of the reserved matters or in the case of approval on different dates the final approval of the last such matter to be approved. 2. The approval hereby granted is in outline and prior to the commencement of the development approval of the details, including the siting, design and external appearances of the building(s) the means of access thereto and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Council, as Planning Authority. h:\planning\minutesEN20040929M0 529 3. The proposed development shall be carried out only in accordance with detailed drawings, which shall previously have been submitted to and approved by the Council, as Planning Authority. These drawings shall show the reserved matters numbered 4 - 7 below. 4. Plans, sections and elevations of all buildings proposed with details of the type and colour of all external materials and finishes shall be submitted in accordance with condition no. 3 above. 5. The proposed layout of the site showing the exact position of the site boundaries, the position of all buildings, the means of access, areas for vehicle parking and the arrangements for the disposal of foul and surface water shall be submitted in accordance with condition no.