435 ANGUS COUNCIL MINUTE of MEETING of the DEVELOPMENT CONTROL COMMITTEE held in the Town and County Hall, Forfar on Thursday 10 August 2006 at 10.00 am. Present: Councillors FRANK ELLIS, IAIN GAUL, ALEX KING, THE HON R J LESLIE MELVILLE MBE, HELEN OSWALD, DAVID SELFRIDGE, RICHARD SPEIRS and ROBERT SPINK. Apology: An apology for absence was intimated on behalf of Councillor STEWART McGLYNN. Councillor ELLIS, Vice Convener, in the Chair. 1. DECLARATIONS OF INTEREST/INTIMATIONS OF CONTACT In terms of the Councillor’s Code of Conduct, and the Council’s Good Practice Guidelines, the undernoted declarations of interest/intimations of contact were made:- • Councillor Ellis indicated that, in relation item 13, application No 06/00886/FUL, the objector had several business interests in Angus, two of which were in relation to housing issues and planning issues and often had contact with him and officers. He intimated that he would be taking part in the consideration of the application. He also advised that, in relation to item 22, application No 06/00944/FUL, the applicant had contacted him regarding the procedure and protocol of the meeting. He advised that he would be taking part in the consideration of the application. • Councillor Leslie Melville advised that, in relation to item 8, application No 06/00749/FUL, she had met on-site with a Planning Officer. She advised that she would be taking part in consideration of the application. She also intimated that, in relation to item 10, application No 06/00188/FUL, the applicant's company sponsored the Brechin Art Centre. She intimated that she would be taking part in the consideration of the application. 2. MINUTES OF PREVIOUS MEETINGS The minutes of meetings of this Committee of 25 May, 13 June and 15 June 2006 were submitted, approved as correct records and signed by the Convener. 3. BUILDING WARRANTS The Committee noted that, during the period 5 June - 28 July 2006, a total of 3 Demolition Warrants, 4 Staged Warrants, 41 amendments to Warrants and 236 Building Warrants had been approved with an estimated cost of £11,648,961. PLANNING APPLICATIONS 4. DELEGATED APPROVALS There was submitted Report No 893/06 by the Director of Infrastructure Services detailing applications granted by him in accordance with the Scheme of Delegation appended to Standing Orders. The Committee agreed to note the 254 applications detailed in the Appendix to the Report granted under delegated powers during the period 7 June – 1 August 2006. 5. 44 MILLFIELD PLACE, ARBROATH There was submitted Report No 895/06 by the Director of Infrastructure Services detailing application No 06/00852/FUL by Mr D Anderson for the erection of a garage at 44 Millfield Place, Arbroath. The application was recommended for approval. Slides were shown and Mrs Richardson and Mr Smith, objectors, followed by Mrs Anderson, the applicant, addressed the meeting. 436 The Committee agreed that the application be approved, subject to the following additional conditions:- Additional Conditions 6. That the garage window shall comprise of opaque/obscured glazing. Reason:- In the interests of residential amenity. 7. That design of the garage is hereby not approved. Amended plans showing the overall height of the garage reduced to no more than 3.65 metres shall be submitted to and approved in writing by the planning authority and shall be implemented thereafter in accordance with approved details. Reason:- In the interests of residential amenity. 6. COONAWARRA, MILTON OF CONNON, CARMYLLIE, ARBROATH There was submitted Report No 896/06 by the Director of Infrastructure Services detailing application No 06/00902/FUL by Mr and Mrs White for the extension to a dwellinghouse at Coonawarra, Milton of Connon, Carmyllie, Arbroath. The Committee noted that the applicant had withdrawn the application. 7. 6 DUKE STREET, BRECHIN There was submitted Report No 897/06 by the Director of Infrastructure Services detailing application No 06/00926/FUL by Mr and Mrs Robertson for the erection of a summer house and studio at 6 Duke Street, Brechin. The application was recommended for approval. Slides were shown and Mr Hutchison, an objector and Mrs Robertson, the applicant, addressed the meeting. Mr Hutchison circulated a photograph of his garden. The Committee agreed that the application be approved as detailed in the Report. 8. SITE AT COOKSTON FARMHOUSE, COOKSTON ROAD, BRECHIN There was submitted Report No 898/06 by the Director of Infrastructure Services detailing application No 06/00749/FUL by Mr and Mrs Robertson for the erection of two dwellinghouses on a site at Cookston Farmhouse, Cookston Road, Brechin. The application was recommended for refusal. Slides were shown and Pam Smith, the applicant’s agent, addressed the meeting. Councillor Ellis, seconded by Councillor Selfridge, moved that the application be refused for the reasons detailed in the Report. COUNCILLOR LESLIE MELVILLE, SECONDED BY COUNCILLOR SPEIRS, MOVED AS AN AMENDMENT, THAT THE APPLICATION BE APPROVED AS THE PROPOSAL WAS NOT CONTRARY TO THE DEVELOPMENT PLAN (NAMELY, POLICIES ENV 5, ENV 30 AND H5 OF THE ADOPTED ANGUS LOCAL PLAN 2000) AND WOULD NOT RESULT IN "SITE CRAMMING" NOR BE UNACCEPTABLY DETRIMENTAL TO EXISTING VISUAL OR RESIDENTIAL AMENITY. On a vote being taken, the members voted:- For the motion:- Councillors Ellis, King and Selfridge (3). 437 For the amendment:- Councillors Gaul, Leslie Melville, Oswald, Speirs and Spink (5). The amendment was declared carried, resulting in the application being approved, subject to conditions as agreed by the Director of Infrastructure Services. 9. WASHINGDALES FARM STEADING, KINCALDRUM, FORFAR There was submitted Report No 899/06 by the Director of Infrastructure Services detailing application No 06/00871/FUL by Mr and Mrs Bruce for the conversion of the existing steading buildings to form three dwellinghouses on land at Washingdales Farm, Kincaldrum. The application was recommended for approval. The Committee agreed that the application be approved as detailed in the Report. 10. LAND AT TOBEES FARM, JUSTINHAUGH There was submitted Report No 900/06 by the Director of Infrastructure Services detailing application No 06/00188/FUL by Mr B Stott for the erection of a large country house on land at Tobees Farm, Justinhaugh. The application was recommended for refusal. Slides were shown and Karen Clark, the applicant's agent, addressed the meeting. The Committee unanimously agreed to approve the principle of the development because members considered that the proposal was not contrary to policies H8 or H9 of the adopted Angus Local Plan 2000, being on a self-contained site, with a sufficiently established landscaped setting and of sufficient design quality; and the unique nature of the development was a material consideration justifying departure from normal minimum plot size for a category 2 RSU in terms of policy H8. THEREAFTER COUNCILLOR KING, SECONDED BY COUNCILLOR SELFRIDGE, MOVED THAT THE APPLICATION BE APPROVED, SUBJECT TO: (I) THE APPLICANT SIGNING A SECTION 75 AGREEMENT LIMITING THE DEVELOPMENT OF THE LAND IN HIS OWNERSHIP OR CONTROL TO THE DWELLINGHOUSE APPROVED IN TERMS OF THIS APPLICATION; (II) THE APPLICANT SUBMITTING TO THIS COMMITTEE A REVIEWED DESIGN (AGREED AS FAR AS POSSIBLE BETWEEN THE APPLICANT AND THE HEAD OF PLANNING AND TRANSPORT); AND (III) THE COMMITTEE APPROVING AN APPROPRIATE CONDITION REQUIRING THE IMPLEMENTATION OF A LANDSCAPING PLAN. Councillor Gaul, seconded by Councillor Oswald, moved as an amendment, in similar terms of the motion, but with the omission of (II). On a vote being taken, the members voted:- For the motion:- Councillors King, Leslie Melville, Selfridge and Speirs (4). For the amendment:- Councillors Gaul, Oswald and Spink (3). No vote:- Councillor Ellis (1). The motion was declared carried resulting in the application being approved, subject to the matters contained in the successful motion. 438 11. 5 ALBION PLACE, FORFAR There was submitted Report No 901/06 by the Director of Infrastructure Services detailing application Nos 06/00717/FUL and 06/00718/LBC by George Milne for the replacement of stone slates with Welsh slates at 5 Albion Place, Forfar. The application was recommended for approval. Slides were shown. The Committee agreed that the application be approved as detailed in the Report. 12. LAND AT LOCHHEAD FARM, ARBROATH ROAD, FORFAR There was submitted Report No 902/06 by the Director of Infrastructure Services detailing application No 06/00802/OUT by Mr Alan Hay for the erection of a dwellinghouse on land at Lochhead Farm, Arbroath Road, Forfar. The application was recommended for approval. The Committee agreed that the application be approved as detailed in the Report. 13. 24 STRANGS LEY, FORFAR There was submitted Report No 903/06 by the Director of Infrastructure Services detailing application No 06/00886/FUL by Mr and Mrs Boyd for the extension to a dwellinghouse at 24 Strangs Ley, Forfar. The application was recommended for approval. Slides were shown and Mr Allen, an objector, addressed the meeting. The Committee agreed that the application be approved as detailed in the Report. 14. BEECHIE HOUSE, 94 GLAMIS ROAD, KIRRIEMUIR There was submitted Report No 904/06 by the Director of Infrastructure Services detailing application No 06/00606/FUL by Storyville House Residential Home for alterations, extension and change of use from dwellinghouse to residential home at Beechie House, 94 Glamis Road, Kirriemuir. The application was recommended for refusal. Slides were shown and Mr Sinclair, the applicant's architect and Mr Dow, the applicant, addressed the meeting. The Committee agreed that the application be refused for the reasons detailed in the Report. 15. 12 HUME STREET, MONTROSE There was submitted Report No 907/06 by the Director of Infrastructure Services detailing application No 06/00456/FUL by the Gala Group for the formation of a new doorway and construction of an external courtyard at 12 Hume Street, Montrose.