Development Management: New Year 2018

During the calendar year 2017, the Scottish Borders Council received and determined over 1500 applications for planning permission and other consents, including listed building and conservation area consents and applications for works to trees.  Of these applications, approximately 80 were refused consent (5.3%).  Only nine planning applications were refused by the Planning and Building Standards Committee during 2017 and eight of these decisions were the subject of an appeal to the Scottish Ministers; the ninth refusal related to the council’s own waste transfer station at Easter Langlee, Galashiels, refused planning permission in April 2017, a decision that was overturned at a subsequent meeting in November.  Clearly, prospective developers do not easily take no for an answer.

Some seventy applications were refused under delegated powers by the Appointed Officer, the Chief Planning Officer.  The Local Review Body (LRB) dealt with some 38 requests to review the decision of the Appointed Officer to either refuse planning permission or grant planning permission subject to conditions.  Sixteen of these requests, where the LRB decided to reverse the decision of the Appointed Officer and grant planning permission, were successful.  The LRB upheld the Appointed Officer’s decision to refuse planning permission in 22 cases.

Two appeals to Scottish Ministers against the refusal of planning permission by the Planning and Building Standards Committee were sustained by a Reporter from the Scottish Government’s Planning and Environmental Appeals Division (DPEA) in 2017: the change of use of 6-8 Douglas Bridge, Galashiels from retail units to offices for the relocation of the Job Centre (SBC Ref: 17/00039/REF); and the part change of use of Hartree House, Kilbucho in Peeblesshire and the erection of marquees for use as a wedding venue (SBC Ref: 17/00012/COND).  An appeal against the council’s refusal to discharge two obligations, which required that Broadmeadows Farm, Hutton in Berwickshire should be farmed as a single agricultural unit and that no further dwellinghouses should be erected on the farm, was also sustained (SBC Ref: 17/00005/REF).  One appeal was dismissed; against the refusal of planning permission for the erection of storage and distribution buildings and the erection of an ancillary dwellinghouse on land north east of the Old Creamery, Dolphinton in Peeblesshire (SBC Ref: 17/00041/REF).

Seven appeals to Scottish Ministers against the refusal of planning permission remain outstanding: (1) for the construction of a wind farm comprising 12 turbines at Pines Burn, south west of Hobkirk (SBC Ref: 17/00010/FUL) (DPEA Ref: PPA-140-2069); (2) for the erection of 7 wind turbines on land north-west of Gilston Farm, near Heriot (SBC Ref: 17/00226/FUL) (DPEA Ref: PPA-140-2068); (3) for residential development on land to the east of the Edinburgh Road in Peebles (SBC Ref: 17/00015/FUL) (DPEA Ref: PPA-140-2067); (4) for the erection of a poultry building at Hutton Hall Barns, Hutton in Berwickshire (DPEA Ref: PPA-140-2065); (5) for the erection of a poultry building at Easter Happrew in the Manor Valley, west of Peebles (DPEA Ref: PPA-140-2062); (6) a residential development of 38 dwellings at Marchmont Road, Greenlaw in Berwickshire (DPEA Ref: PPA-140-2059); and (7) a proposed windfarm of 8 turbines at Howpark, Grantshouse, also in Berwickshire (DPEA Ref: PPA-140-2060).

Following the Scottish Ministers controversial decision to approve the construction of a 14 turbine wind farm at Whitelaw Brae, near Tweedsmuir in Peeblesshire in early December, three wind farm applications submitted to the Scottish Government under Section 36 of the 1989 Act, to which the Scottish Borders Council has objected, remain outstanding: (1) the application for a 12 turbine extension to the existing Fallago Rig wind farm in the Lammermuir Hills; (2) the application to extend the operational life of the existing Fallago Rig wind farm to coincide with that of the extension (if approved) (DPEA case references WIN-140-5 & WIN-140-6); and (3) an application for the erection of 15 wind turbines on land at Birneyknowe, near Bonchester Bridge, south-east of Hawick (DPEA case reference WIN-140-7).  How will these applications be determined?

Six windfarm proposals, with a total of 54 turbines are, therefore, the subject of referral to the Scottish Ministers for a decision.  A lot rests on the shoulders of the Reporters of the Scottish Government’s Planning and Environmental Appeals Division (DPEA).

Applications for more windfarms continue to be submitted.  A request for a Scoping Opinion on the installation of up to 49 wind turbines near Fawside, south- west of Hawick was received on 11 January (SBC Ref: 18/00052/SCO).  The site straddles the Scottish Borders/Dumfries and Galloway border with the main access from the A7 at Teviothead.  The submitted Scoping Report outlines the development proposals and the aspects of the environment that will be addressed in the Environmental Impact Assessment.  The council has until 9th March to respond to the Scoping Report unless any time extensions are agreed.  This proposal will no doubt generate a great deal of interest amongst the local communities of Teviothead and Craik, and further afield.

After a relatively quiet period, the New Year has heralded the submission of a number of housing proposals in the Scottish Borders.  A Proposal of Application for more residential development at Sergeants Park, Newtown St. Boswells was submitted on 3 January on behalf of Eildon Housing Association (SBC Ref: 17/01758/PAN).  A community engagement event in the form of a drop-in event will be held between 5.00pm and 8.00pm on 24 January 2018 in the Newtown Community Wing on Sprouston Road.  The proposed development would extend the already approved development of 49 houses and four flats by Eildon Housing on land west of the King George V Playing Field.  A planning application has also been received from M & J Ballantyne of Kelso, on behalf of Eildon Housing Association, for the erection of 30 dwellinghouses and 2 flats on land at Howden Drive, Jedburgh.  The site is allocated for housing in the Local Development Plan.

A Proposal of Application Notice (PAN) has been submitted by Rural Renaissance Ltd for the development of housing and associated roads, car parking and landscaping, at The Croft on Dingleton Road, Melrose (SBC Ref: 18/00016/PAN).  This site has a long history of planning proposals and this proposal will no doubt attract a great deal of interest amongst the population of Melrose.  A public exhibition of the proposed development will be held in Melrose Rugby Club from 2.00pm until 7.30pm on Wednesday 31 January where there will be an opportunity to question the applicant and their design team.  According to the agents for the proposal, feedback from the public is at the heart of this consultation process so all those interested in the future of this site should make their views known.  In accordance with statutory procedures, a planning application for the proposed development cannot be submitted less than 12 weeks from the submission of the PAN, so it will be April, at least, before any formal planning application is received by the Scottish Borders Council.  The planning application will require to be accompanied by a Pre-Application Consultation Report setting out the public consultations that have taken place and the responses received.

On 8 January, the Planning and Building Standards Committee, at its first meeting of 2018 gave planning permission for the erection of an Intergenerational Community Campus at Hartrigge Park in Jedburgh.  This £32m complex will replace the existing Parkside and Howdenburn Primary Schools and the Jedburgh Grammar Schools into a single school campus.  Concerns regarding the suitability of Waterside Road for construction traffic and for traffic to and from the campus when operational are to be further investigated.  The campus is not expected to be open before 2020.

Looking ahead, will more wind farms be approved by Scottish Ministers against the wishes of Scottish Borders Council and the local community.  Will the Scottish Borders Council finalise its Renewable Energy Supplementary Guidance, prepared in draft in December 2016 or will it continue to rely on its supplementary planning guidance on wind energy approved in May 2011, which does not comply with Scottish Government Policy.  On the wider planning issues, the council’s Housing Supplementary Guidance, which identified additional housing sites to provide for a further 926 housing units, was adopted by the council in November 2017 and now forms part of the Adopted Local Development Plan 2016.

In relation to the review of the local development plan, the next step is the production of a Main Issues Report (MIR) which identifies the issues that require to be tackled and identifies preferred and alternative solutions.  The MIR is expected during the Spring/Summer of 2018, following which a wide-ranging consultation programme will ensure.  If you want to be involved, let the council know by emailing the Forward Planning Team on localplan@scotborders.gov.uk.

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.