Development Management: October update

During October 2017, the council received 128 applications for planning permission and other consents, including listed building and conservation area consents and applications for works to protected trees.

Of particular interest to residents of Chirnside in Berwickshire is a Proposal of Application Notice by Springfield Properties for a proposed residential development of 57 affordable dwellings on land west of Borlaroc, Main Street, East End, Chirnside, received by the council on 2 October 2017 (SBC Ref: 17/01367/PAN) [Springfield Properties have also submitted a Proposal of Application Notice for a similar development at Langtongate in Duns (see September update)].  It is proposed to hold a one day public exhibition/drop in event of the proposals in the Chirnside Community Centre on Monday 13 November from early afternoon to early evening.  If you want to register your interest and be kept informed of the proposal, you should make the effort and attend.

An exciting prospect for Eyemouth, is the proposal by Eyemouth Harbour Trust for a helicopter access facility comprising two helipads, hanger, office and welfare building, fuel storage area and car parking on the eastern headland at Gunsgreenhill (SBC Ref: 17/01451/FUL).  The proposed development would provide an opportunity for Eyemouth Harbour to provide facilities for Scotland’s emerging offshore renewable energy industry.  Although discussions have been held with an offshore wind developer, there is no identified end user at the present time and the proposal is highly speculative.  The proposed plans, therefore, illustrate the potential maximum extent of the development.

Another proposal, which will no doubt be of great interest to residents of Jedburgh, is a planning application for the demolition of the existing Parkside Primary School and its replacement by an Intergenerational Community Campus, incorporating nursery, primary and secondary educational provision for the Jedburgh area (SBC Ref: 17/01363/FUL).  The site has been considered for residential development in the past but is unallocated in the adopted Local Development Plan 2016.  The proposal was the subject of extensive consultation earlier this year.  Nevertheless, this planning application for a major development on the green area between Hartrigge Crescent and Mainetti’s Factory is likely to produce a great deal of comment.

During October 2017, the council decided some 107 applications, only ten of which were refused.  On the 2 October, after over an hour’s deliberation, the Planning and Building Standards Committee refused planning permission for the erection of 7 wind turbines on land north-west of Gilston Farm, near Heriot (SBC Ref: 17/00226/FUL).  Although there were strong representations from the local community in relation to the noise effects on nearby residential properties, the proposed wind farm was refused planning permission on the grounds of landscape and visual impact and its potential to disrupt radar operations at Edinburgh Airport.  Will there be another wind farm appeal for the council to contend with?

At the same meeting, planning permission was refused contrary to the recommendation of the Chief Planning Officer, by five votes to four, for the erection of a second poultry building at Easter Happrew in the Manor Valley, west of Peebles (SBC Ref: 16/01377/FUL).  The Committee considered that the proposed poultry building would have an unacceptable adverse impact on the amenity and character of the surrounding area, a National Scenic Area.  The applicant has wasted no time in submitting an appeal to the Scottish Ministers.  It will be for a Reporter from the Directorate for Planning and Environmental Appeals to decide the appeal.

A third planning application refused at the meeting on 2 October related to proposed residential development on land to the east of Edinburgh Road, Peebles (SBC Ref: 17/00015/FUL).  This site was considered and discounted during the Local Development Plan process and was rejected by the Scottish Government Reporter who undertook the LDP Examination.  It was also discounted from inclusion in the subsequent Supplementary Guidance on Housing.

There was success at the meeting on 2 October, however, for the application to erect a dwellinghouse on land south and east of the Old School and Old School House at Blainslie, south of Lauder (SBC Ref: 17/01055/PPP).  Although the Chief Planning Officer considered the proposal to be contrary to housing in the countryside policy, the Planning and Building Standards Committee decided, on a vote of 6 votes to 3 votes, to grant planning permission in principle subject to nine conditions on the grounds that the new dwelling together with the neighbouring two properties should be deemed to be part of Nether Blainslie Village for historic reasons and their proximity to Blainslie, notwithstanding that they are currently outwith the development boundary of the village.

The Local Review Body (LRB) met on 16 October to consider requests for the review of six decisions made by the Chief Planning Officer under delegated powers to refuse planning permission.  Three of these decisions related to developments at Kirkburn, Cardrona.  In all of these cases, the LRB decided that the officer’s decision to refuse the planning application be upheld.  The LRB also decided to uphold the officer’s decision to refuse planning permission for replacement windows and the installation of a chimney flue at 5 High Street, Innerleithen, but only after the holding of a hearing session, which the applicant did not attend, to consider in detail the technical aspects of the case.  The officer’s decision to refuse a planning application to allow the short term letting of ancillary accommodation at Jordonlaw Granary, Westruther was reversed subject to the provision of an additional parking space.  The review of the officer’s decision to refuse planning permission for the erection of a dwellinghouse on land at Rhymers Mill, Earlston was continued to allow a hearing to be held to consider flooding issues.

At the forthcoming meeting of the Planning and Building Standards Committee on 6 November, the re-application for the council’s own waste transfer station at Easter Langlee, Galashiels (SBC Ref: 17/01149/FUL) will be considered.  This proposal, 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, has resulted in a number of objections from local residents and from Galashiels Community Council.  However, the council’s Director of Assets and Infrastructure insists that all options have been investigated and Easter Langlee remains the best choice.  The waste transfer station will replace a long-standing infill operation.  The Chief Planning Officer considers that, although the additional measures proposed to improve the C77 do not address all the physical constraints of this road, the proposal is acceptable and is recommending planning permission be granted, subject to a number of conditions.  Whether the Committee agrees will be revealed on the 6th.

Another controversial application, for the construction of a windfarm comprising 12 turbines at Pines Burn, south west of Hobkirk, is to be considered by the Committee on 6 November (SBC Ref: 17/00010/FUL).  84 representations have been received in respect of this proposal, 54 objections and 30 in support of the proposal.  Southdean, Denholm, Hawick, Hobkirk and Upper Teviot and Borthwick Water Community Councils have objected and Newcastleton Community Council has raised concerns.  Nevertheless, the Chief Planning Officer is recommending that planning permission should be granted subject to wide-ranging conditions.  It will be seen whether the Planning and Building Standards Committee agree or decide to refuse planning permission.  Is there another wind farm appeal on the horizon?

In addition to the appeal in respect of the refusal of planning permission for the erection of a second poultry building at Easter Happrew in the Manor Valley, west of Peebles (DPEA Ref: PPA-140-2062), an appeal has now been submitted in respect of the refusal of planning permission, by the Planning and Building Standards Committee on 7 August, for the erection of storage and distribution buildings and an ancillary dwellinghouse on land outside Dolphinton (DPEA Ref: PPA-140-2063).  Three other appeals remain outstanding: (1) against the council’s decision to refuse planning permission for a residential development of 38 dwellings at Marchmont Road, Greenlaw in Berwickshire; (2) against the council’s decision to refuse planning permission for a proposed windfarm of eight turbines at Howpark, Grantshouse, also in Berwickshire; and (3) against the council’s decision to refuse planning permission for the relocation of the Job Centre in Galashiels to retail units on Douglas Bridge, Galashiels.  Details of the appeals can be found on the DPEA website (case references PPA-140-2059, PPA-140-2060 & PPA-140-2061).

Four applications for windfarms, submitted to the Scottish Government under Section 36 of the 1989 Electricity Act, to which the Scottish Borders Council has objected, remain to be determined.  An inquiry into the application for a 14 turbine wind farm at Whitelaw Brae, near Tweedsmuir in Peeblesshire was held in September 2016.  The report of the inquiry has been sent to Scottish Ministers for determination and a decision is awaited (see DPEA case reference WIN-140-4).  An inquiry into the application for a 12 turbine extension to the existing Fallago Rig wind farm in the Lammermuir Hills and the application to extend the operational life of the existing wind farm to coincide with that of the extension (if approved) was held in August 2017.  The details of both cases can be found on the DPEA website (case references WIN-140-5 & WIN-140-6).  It is likely to be next year before a decision on these applications is forthcoming.  An application for the erection of 15 wind turbines on land at Birneyknowe, near Bonchester Bridge, south-east of Hawick, to which the Scottish Borders Council, the community council, many residents of the local community and others have objected is to be the subject of further examination.  A pre-examination meeting to discuss and agree the scope and programming of the subsequent inquiry was held in the Hawick Rugby Club Rooms on 25 October 2017.  The inquiry and hearing sessions have been provisionally programmed for March 2018 so this case has a long way to run (see DPEA case reference WIN-140-7).

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.

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