Development Management: August up-date

During August 2017, Scottish Borders Council received 127 applications for planning permission and other consents, including listed building and conservation area consents.  These included such diverse proposals as an application for the approval of the details of proposed housing at Caerlee Mill, Innerleithen; a development of 44 dwellinghouses, comprising detached, semi-detached, terraced and flatted dwellings, previously granted planning permission in principle in March 2016 (SBC Ref. 17/01174/AMC); an application for planning permission for the erection of a Pagan Multi-Faith Temple at Kirkburn, near Cardrona in Peeblesshire (SBC Ref. 17/01039/FUL); and a re-application for the council’s own waste transfer station at Easter Langlee, Galashiels (SBC Ref. 17/01149/FUL), previously refused planning permission in April 2017 on the grounds that the Langshaw Road (C77) is inadequate for the additional traffic likely to be generated by the proposal.

The submission of a pre-application request for a screening opinion under Regulation 8 of the Environmental Impact Assessment Regulations 2017 for the erection of new car showroom, including workshop, offices, petrol filling station, shop and café on the west side of the A68 north of the existing Toyota Garage at St. Boswells was submitted to the council on 1 August 2017.  An exhibition on the proposed development is to be held at St. Boswells Village Hall on Tuesday 12 September (advertised in the Southern Reporter on 31 August 2017), where members of the project team will be in attendance to answer questions regarding the proposals.

During August 2017, the council decided some 120 applications, only a handful of which were refusals of planning permission.  On the 7 August, the Planning and Building Standards Committee refused planning permission, on the casting vote of the Chairman, for the erection of storage and distribution buildings and an ancillary dwellinghouse on land outside Dolphinton on the grounds that it had not been demonstrated that there were overriding economic and/or operational reasons for locating the business in this countryside location.  The proposed development, which would accommodate the applicant’s two existing businesses which currently operate from the Dolphinton area, comprised a range of buildings housing a loading bay and cement silo, garaging and vehicle store, materials storage sheds and an external area for the manufacture and storage of concrete blocks.  The council considered that the proposal would represent unjustified, sporadic and prominent development in the open countryside contrary to policies of the adopted local development plan.  It is yet to be seen whether the applicant will appeal against the decision to refuse planning permission or accept the decision.  The applicant has three months to appeal to the Scottish Ministers (the Directorate for Planning and Environmental Appeals).

Four other applications were refused planning permission by the Chief Planning Officer under delegated powers; applications for: (1) the erection of two chalets for holiday accommodation at Falahill Cottages, Heriot; (2) a dwellinghouse on Deanfoot Road in West Linton; (3) the formation of a short-stay holiday park and erection of 12 mobile log cabins at Kirkburn, Cardrona near Peebles; and (4) an agricultural building at Kirkburn, Cardrona, near Peebles.  Will any of these refusals be referred to the Local Review Body?

Since the election of the new Scottish Borders Council in May 2017, the Local Review Body has dealt with fourteen reviews of decisions by officers under delegated powers; in ten cases, the Local Review Body upheld the decision of the officer.  In four cases, the officer’s decision was reversed or varied: (1) the deemed refusal of planning permission, through a failure to determine the application within the prescribed period, for the erection of a detached garage with first floor studio and extension to dwellinghouse at Danderhall Cottage, St. Boswells, was reversed and planning permission granted subject to a number of conditions; (2) the decision to grant planning permission for a new dwellinghouse on land at Dundas Cottage, Ettrick, subject to a condition that required a slate roof on the dwellinghouse rather than a metal profile sheet roof, was varied to allow the use of grey metal profile roof cladding; (3) the decision to refuse planning permission for the erection of two dwellinghouses at Broomlee Mains, West Linton, was reversed and planning permission granted subject to conditions; and (4) the decision to refuse planning permission for a vehicle body repair workshop on land at Dunrig, Spylaw Farm, Lamancha, West Linton was reversed and planning permission granted subject to conditions.

Details of all the applications received by the council and all the decisions made in August can be found on the Scottish Borders Council’s website.

Author: douglas hope

Over fifty years experience in town and country planning, including twenty-one years with the Borders Regional Council (1975-1996) and twenty years with the Scottish Government as a Reporter for the Directorate for Planning and Environmental Appeals.