Minute / 22 February 2012 / Minute
Minute / Minute

PLANNING APPLICATIONS COMMITTEE

Meeting of Wednesday 22 February 2012

at 10.30am in Council Offices, English Street, Dumfries

Present

Members

Ian Lindsay(Chairman) / - / Annandale East
Ted Brown / - / Annandale North
Ian B Carruthers / - / Annandale South
James H Dempster / - / Mid & Upper Nithsdale
Archie Dryburgh / - / Annandale East
Alistair Geddes / - / Mid Galloway
Patsy Gilroy / - / Dee
Thomas Jacques / - / Dee
Thomas A McAughtrie / - / Abbey
David J McKie / - / North WestDumfries
Sandra McDowall / - / Mid Galloway
Graham Nicol / - / Mid Galloway
Ronnie E Ogilvie / - / Annandale South
Roberta Tuckfield / - / Wigtown West
Alastair Witts / - / Nith
Andrew S Wood / - / Mid and Upper Nithsdale

Officials

David Suttie / - / Service Manager Development Management
Carol Henshall / - / Service Manager Committee and Member Services
Peter Barker / - / Senior Planner
Lindsey Brown / - / Planner
Mhairi Duff / - / Planner
Robert Duncan / - / Area Planning Manager
Patrick Hanna / - / Senior Planner
David Jinks / - / Development Management Assistant
Janice Kay / - / Area Planning Manager
Judith Turnbull / - / Planner

Apologies

Michael Dickie(Vice Chairman) / - / Annandale North
John A Charteris / - / Lochar
George N Prentice / - / Castle Douglas & Glenkens

Alex Haswell

Director Chief Executive Service

1.SEDERUNT AND APOLOGIES

15 Members present, 3 apologies.

2.DECLARATIONS OF INTEREST

Alastair A Witts declared an interest in item 4.2 by virtue of being Chairman of the Nith Estuary National Scenic Area Advisory Group but deemed that interest was such that there was no requirement for him to leave the meeting for consideration of this item.

David J McKie declared an interest in item 4.4 by virtue of close family connections to objectors and left the meeting during consideration of this item.

Andrew S Wood declared an interest in item 4.5 by virtue of business interests and left the meeting during consideration of this item.

3.MINUTE OF MEETING OF 25 JANUARY 2012

Decision

APPROVED.

MEMBER –Thomas Jacques entered the meeting – 16 Members present.

PROCEDURE – Members were advised that planning application 4.8 Erection of Dwelling House at Land to Rear of 31 Alpine Street, Dalbeattie had been withdrawn from the Agenda by Planning Officers as a consequence of a procedural error.

4.PLANNING APPLICATIONS

APPLICATIONS ELIGIBLE FOR PUBLIC SPEAKING

4.1 LAND AT COLLIN BRIDGE, WESTWATER, LANGHOLM – Application for planning permission in principle for the erection of dwellinghouse and installation of SUDS system (11/P/4/0272)

The Committee heard from Mr Wall, applicant.

Decision

APPROVED application 11/P/4/0272 subject toconditions in the report and completion of S75 Planning Obligation.

4.2LAND AT NORTH CARSE, CARSETHORN– 4 applications for planning permission in principle for the erection of dwellinghouse and detached garage, extension to existing public road, formation of access and installation of shared sewage treatment plant and soakaway ([A]11/P/3/0006,[B]11/P/3/0007,[C] 11/P/3/0008 & [D] 11/P/3/0009)

The Committee heard from Mr Blackett, applicant.

VOTE

4.2.1MOTION by THOMAS A MCAUGHTRIE seconded by IAN B CARRUTHERS to defer this application to a future meeting to allow for clarification on (1) the photographic evidence provided, with particular regard to the date of the photograph; and (2) flooding risk to the proposed development.

4.2.2AMENDMENT by JAMES H DEMPSTER seconded by ALISTAIR GEDDES to determine the application at this meeting.

4.2.3On a vote taken by roll call Members voted as follows:

Motion – 5 votes being:

Ian B Carruthers, Archie Dryburgh, Thomas A McAughtrie, Ronnie E Ogivlie and Alastair Witts.

Amendment – 10 votes being:

Ian Lindsay, James H Dempster, Alistair Geddes, Patsy Gilroy, Thomas Jacques, David J McKie, Sandra McDowall, Graham Nicol, Roberta Tuckfield and Andrew S Wood.

Abstention – 1 being Ted Brown.

PROCEDURE- Members continued to determine the application.

Decision

4.2.4AGREED to determine the application at this Committee; and

4.2.5REFUSEDapplications [A]11/P/3/0006, [B]11/P/3/0007, [C] 11/P/3/0008 & [D] 11/P/3/0009on the grounds that:

1. / The proposed development is contrary to Structure Plan Policy E1 and General Policies 7, 8 and 41 of the Nithsdale Local Plan in that development on the periphery of the village would be obtrusive, significantly extend the hard edge of development, alter the distinct village/country edge and lead to a substantial change in the character of this rural village; all to the detriment of the character of the village, the local landscape and the Nith Estuary National Scenic Area;
2. / The proposals would fail to comply with General Policies 1, 7, 8, 9 and 17 of the Nithsdale Local Plan in that the development, including the proposed increase in ground levels, would not respect the character, amenity or layout of the existing village or its relationship to the coast and as a result would have an adverse impact on the local landscape character; and
3. / The proposal would be contrary to Dumfries & Galloway Structure Plan Policies E1 and E7, Nithsdale Local Plan General Policies 41 and 48 and the Dumfries & Galloway Landscape Assessment guidance in that there would be no significant local or national social or economic benefits which would outweigh the significant adverse effects on the scenic qualities and local distinctiveness of the Nith Estuary National Scenic Area, the coastal environment and the local landscape character generally.

4.3JENNYMILL COURT, BRYDEKIRK – Planning application for the erection of dwellinghouse and formation of access (11/P/4/0352)

The Committee heard from Mr Henderson, objector, Councillor Brodieon behalf of Brydekirk Community Council, objector and Mr McLellan agent for applicant.

VOTE

4.3.1MOTION by IAN B CARRUTHERS seconded by PATSY GILROY to defer this application to a future meeting to allowfor clarification on the issue of foul sewerage and the condition of associated pipework.

4.3.2AMENDMENT by JAMES H DEMPSTER seconded by ARCHIE DRYBURGH to determine the application at this meeting.

4.3.3On a vote taken by roll call Members voted as follows:

Motion – 3votes being:

Ian B Carruthers, Patsy Gilroy and Graham Nicol.

Amendment – 13votes being:

Ian Lindsay, Ted Brown, James H Dempster, Archie Dryburgh, Alistair Geddes, Thomas Jacques, Thomas A McAughtrie, David J McKie, Sandra McDowall, Ronnie E Ogivlie, Roberta Tuckfield, Alastair Witts and Andrew S Wood.

PROCEDURE- Members continued to determine the application.

Decision

4.3.4AGREED to determine the application at this meeting;

4.3.5APPROVED application 11/P/4/0352 subject to the conditions in the report; and

4.3.6AGREED to remit to the Council as Environmental Health Authority to investigate the allegations of waste water surcharging from the sewer in Lady Street and contact Scottish Water accordingly.

ADJOURNMENT– the meeting adjourned at 12.15pm and reconvened at 1.00pm with13Members present, being:-

Ian Lindsay, Ian B Carruthers, Alistair Geddes, Patsy Gilroy, Thomas Jacques, Thomas A McAughtrie, David J McKie, Sandra McDowall, Graham Nicol, Ronnie E Ogivlie, Roberta Tuckfield, Alastair Witts and Andrew S Wood.

MEMBER – David J McKie declared an interest in the following item and left the meeting and Ted Brown re-entered the meeting - 13 Members present.

4.4 PLOTS 6 & 7, ADJACENT TO SOLANUS, CRAIGS ROAD, DUMFRIES – Application for erection of 2 nos. dwellinghouses and formation of access road from development site approved under 10/P/3/0571 - (11/P/3/0403)

The Committee heard from Mr Cowie, objector and Mr Buchanan, agent for applicant.

Decision

APPROVED application11/P/3/0403 subject to the conditions in the reportwith amendments to Conditions 2 and 3, being:

2. That no development in respect of this planning permission shall take place unless a scheme detailing new tree and shrub planting and hard landscaping has been submitted to and approved in writing by the Council as planning authority. The scheme shall include all grassed areas, hedges, retained trees and other retained vegetation, details of changes to existing levels, hard surfacing, walls, fences and other means of enclosure, formation of banks, terraces or other earthworks.

The scheme shall also include provision for a 2 metre high boundary treatment along the entire boundary of the application site with 37 Mountainhall Park. Such a boundary treatment shall be designed to screen views between the application site and 37 Mountainhall Park and shall take account of the visual prominence of the site.

The scheme shall be plotted on an accurate plan of the site, to a recognised metric scale, and shall detail the number and species of trees and shrubs to be planted, locations, planting density, nursery stock sizes at time of planting and initial maintenance to aid establishment. The scheme shall also detail the specification of the materials and colours to be used in respect of any hard surfaces, walls, fences or external structures.

3. That such scheme as may be so approved in respect of Condition 2 above shall be implemented in the first planting season following the completion of the respective dwellinghouses hereby granted planning permission. Thereafter, all trees and shrubs forming part of the approved scheme shall be maintained and replaced where necessary to the satisfaction of the planning authority for the lifetime of the development. No trees forming part of the approved scheme shall be pruned or lopped without the prior written approval of the planning authority.

MEMBERS – David J McKie and James H Dempster re-entered the meeting - 15 Members present. Andrew S Wood declared an interest in the following item and left the meeting – 14 Members present.

4.5DARDARROCH, DUNSCORE, DUMFRIES – Change of use of agricultural land and shed to commercial contractor/plant hire/haulage business, formation of hardstanding and HGV turning area, associated landscaping and alterations to access (onto B729) (11/P/3/0438)

The Committee heard from Ms Coles, objector and Mr Young, applicant’s agent.

Decision

APPROVED application 11/P/3/0438 subject to the conditions in the report.

MEMBERS – Andrew S Wood re-entered – 15 Members present. Ted Brown, Thomas A McAughtrie and Ronnie Ogilvieleft the meeting - 12 Members present.

4.6TROSTRIE FARM, TWYNHOLM, KIRKCUDBRIGHT– Planning application for erection of 40.5m high anemometer mast (for temporary period of 18 months) (11/P/2/0277)

Decision

APPROVED application 11/P/2/0277 subject to the conditions in the report.

MEMBER –Thomas A McAughtrie re-entered the meeting – 13 Members present.

4.7BARDRISTANE FARM, GATEHOUSE OF FLEET, CASTLE DOUGLAS– Planning application for erection of 10 holiday accommodation units, installation of sewage treatment plant and soakaway, formation of access and associated works (11/P/2/0210)

PROCEDURE –Chairman advised of late amendments to the list of eligible representors and determined that he would allow representors not already listed to speak.

The Committee heard from Mr McCallum, Mr Groome and Mrs Procateur,objectors and Mr Hussey, applicant.

AGREED to defer consideration of this application 11/P/2/0210 until such time as a site visit was undertaken by Members of the Planning Applications Committee.

4.8LAND TO REAR OF 31 ALPINE STREET, DALBEATTIE – Planning application for the erection of a dwellinghouse (11/P/2/0460)

Decision

NOTED that Planning Officers had withdrawn application 11/P/2/0460 from the agenda.

MEMBERS –James H Dempster and Sandra McDowallleft the meeting -11 Members present.

4.9HOME FARM, DUNRAGIT – Planning application for the erection of three general purpose agricultural buildings involving change of use from woodland and tree felling, demolition of farm building and extension to farm building (11/P/1/0141)

The Committee heard from Mr Baker, Mr Keith, Mr Knott and Mr Wells, objectors and Mr MacIntosh, applicant’s agent.

Decision

AGREED to defer consideration of application 11/P/1/0141 until such time as a site visit was undertaken by Members of the Planning Applications Committee.

MEMBER –Alastair Witts left the meeting – 10 Members present.

4.10GLENLUCE PRIMARY SCHOOL, SCHOOL ROAD, GLENLUCE–Planning application for the erection of four vertical axis wind turbines (11/P/1/0402)

Decision

APPROVEDapplication11/P/1/0402 subject to the conditions in the report.

APPLICATIONS NOT ELIGIBLE FOR PUBLIC SPEAKING

4.11HILL PLANTATION, STONEYKIRK – Application for approval of matters specified in conditions 3- 6 of planning permission in principle 06/P/1/0351 (3 - layout, 4 - design, 5 - external appearance, 6 - landscaping) for erection of dwellinghouse and garage, installation of septic tank & soakaway system, formation of access (11/P/1/0144)

Decision

APPROVEDapplication11/P/1/0144 subject to the conditions in the report with the removal of Condition 4:

That the dwellinghouse hereby granted planning permission shall not be occupiedunless the existing field gate has been relocated to a position to be agreed in writing with the planning authority (in consultation with the roads authority.

4.12TROSTON, NEW ABBEY– Planning application for the installation of 2 no. photovoltaic arrays (8.28mx0.79m and 9.35x0.79m) (retrospective) (11/P/3/0472) -

Decision

APPROVEDapplication 11/P/3/0472 subject to the conditions in the report.

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