Development Management: October 2018 update

During October 2018, the Scottish Borders Council received some 150 applications for planning permission and other consents, including listed building and conservation area consents and applications for works to protected trees.  Amongst the applications submitted, perhaps the one to catch most public attention is the application by T.J. Morris Ltd (Home Bargains) for the change of use of the Homebase Store at Galalaw Business Park, Hawick to allow 30% of the floor space to be used for food retailing (SBC Ref: 18/01441/FUL).  The proposed development would create 50 full-time equivalent jobs compared with the 27 currently employed at the Homebase Store.  The application has already been welcomed by local councillors.  However, whilst the proposed development is likely to generate additional employment, it is unlikely to have any beneficial effect on the viability and vitality of Hawick town centre.  Also during October, an application was received for the demolition of the Armstrong’s (Almstrong’s) building, which once housed a valued department store on Oliver Crescent, and the erection of a replacement office building (SBR Refs: 18/01419/CON & 18/01420/FUL).  A perfect illustration of how the town centre is changing with the expansion of retailing on Commercial Road.

In Galashiels, an application has been received from Eildon Housing Association for further residential development, comprising 69 dwellinghouses, at Coopersknowe Crescent (SBC Ref: 18/01416/FUL).  The site lies on the western side of the Langshaw Road between the private housing development at Coopersknowe Crescent and the Langlee Industrial Estate and is comprised of the former Easter Langlee farm steading and surrounding agricultural land.  This application follows the submission of a Proposal of Application Notice in June 2018 and a programme of pre-application public consultation.  Objections to the proposal have already been submitted and it will be interesting to see how this development proposal is dealt with by the council.  Eildon Housing has also submitted a Proposal of Application Notice (PAN) for the redevelopment of the Earlston High School site for residential development (SBC Ref: 18/01493/PAN).  It is proposed to hold a community engagement event sometime between the 15th and 30th November in Earlston Church Hall.  The subject will also be discussed at Earlston Community Council meeting on the 15th November.  Watch out for further news and the advertisement in the local press.

In Melrose, an application has now been received for the erection of 26 dwellinghouses on land at The Croft, Dingleton Road (SBC Ref: 18/01385/FUL).  The site is allocated for housing in the Local Development Plan with a capacity for 25 houses.  A Proposal of Application Notice (PAN) was submitted by the developer, Rural Renaissance Ltd, in January 2018, and a public exhibition of the proposed development was held in Melrose Rugby Club (SBC Ref: 18/00016/PAN).  This site has a long history of planning proposals and, as predicted, this proposal has attracted a great deal of attention amongst the population of Melrose.  Particular concerns relate to the suitability of Dingleton Road to accept traffic from additional housing development and to the impact of any development on the character and landscape value of the Eildon Hills.  Objections have already been submitted and this application will no doubt be another test for the Planning and Building Standards Committee.

In Tweeddale, a re-application has been submitted by Border Mix for the erection of a storage and distribution building and an ancillary dwellinghouse on a site north east of the Old Creamery outside Dolphinton (SBC Ref: 18/01377/FUL).  A similar application was refused by the Planning and Building Standards Committee in August 2017 (SBC Ref: 17/00087/FUL).  Refusal was primarily based on the absence of an overriding economic and/or operational need.  Further information has now been produced to show that, given the absence of other suitable sites within the market area, the Dolphinton site remains the only viable option to accommodate the relocation of Border Mix from the present site, which is within an established residential area in Dolphinton.  Another application for the Planning and Building Standards Committee.

In Tweeddale, an application has also been submitted by the Tweedsmuir Community Company for alterations to the Crook Inn Hotel, Tweedsmuir, the change of use and alterations to an outbuilding to a café and office, the erection of a bunkhouse and a biomass boiler building (SBC Ref: 18/01342/FUL).  A very welcome proposal for this historic hostelry, which has lain empty and decaying for a number of years.

In Berwickshire, an interesting proposal in Eyemouth involves the demolition of the existing boatyard buildings and their replacement (SBC Refs: 18/01374/CON & 18/01372/FUL).  Boat building and repair has taken place on this site for almost 200 years.  Boat building no longer takes place in the yard and the decline in the fishing industry has seen the yard struggle to remain profitable.  The existing slipways do not have the height to accommodate the largest fishing vessels under cover and they have to be worked on outside, which limits certain work to the summer months when the boats are most active.  Redevelopment of the yard will raise the height of the three sheds on the site to allow the maintenance and painting of vessels indoors and at all times of year.

Check out the council’s Public Access Portal if you want to find out more about the above applications or any other application submitted in the past month.

At its meeting on 1 October, the Planning and Building Standards Committee granted planning permission for the erection of 57 dwellinghouses on the north side of Main Street, East End, Chirnside (SBC Ref: 18/00147/FUL).  The proposed development will comprise 100% affordable housing.  At its meeting on 10 October, the Local Review Body (LRB) reversed two decisions of its Chief Planning Officer to refuse planning permission for: (1) the erection of two glamping units for holiday let on land at Flatt Farm, Newcastleton (SBC Ref: 18/00686/FUL); and (2) the change of use of steading, alterations and extension to form a dwellinghouse at Billerwell Farm, Hawick (SBC Ref: 18/00745/FUL).  In the first case, the LRB supported the proposals which represented an expansion of an existing farm diversification business based on tourism.  In the second case, the LRB, on a vote of 5 members to 4 members, considered that the amended design for the proposed dwellinghouse was acceptable.  The LRB did, however, support the decision of the Chief Planning Officer to refuse planning permission in respect of the installation of replacement windows at 41 North Hermitage Street, Newcastleton (SBC Ref: 18/01039/FUL).  Members did not consider that the proposed uPVC top-hung windows were acceptable in Newcastleton Conservation Area.

During October, some 100 applications were dealt with by the Chief Planning Officer under delegated powers.  Only one application was refused: an application for the replacement of shop front windows and door screens at Scott’s View Take-away, Main Street, St. Boswells (SBC Ref: 18/01010/FUL).  The existing uPVC shop front, which replaced a timber shop front, is the subject of enforcement action.  The current proposal seeks to replace the uPVC shop front with a timber frame painted white whilst the door and side panel would remain uPVC.  The Chief Planning Officer considers that, at this location within a conservation area, the whole of the shop front should be timber framed with a traditional timber door.

In Berwickshire, planning permissions have now been issued for the erection of a total of 75 dwellinghouses on land north-west of Springfield Avenue (SBC Ref: 17/00993/FUL & 18/00994/FUL).  Planning permission was granted in February 2018 subject to a section 75 agreement requiring the provision of a footpath link between the development site and Bridgend Place.  This agreement has now been finalised.  In Tweeddale, planning permission was granted for the development of up to 15 dwellinghouses on land south-west and south-east of Bowbank Cottages, Bellfield Road, Eddleston, subject to the improvement of the private road, which currently serves the site, up to adoptable standards and the improvement of the junction of Bellfield Road and the A703 (SBC Ref: 17/00767/PPP).

During October, the Planning and Environmental Appeals Division (DPEA) reached a decision on the appeal against the refusal of planning permission for a residential development at Marchmont Road, Greenlaw in Berwickshire (SBC Ref: 16/01360/PPP) (DPEA Ref: PPA-140-2059).  The Reporter in this case decided to allow the appeal and grant planning permission in principle subject to 11 conditions and to a planning obligation under section 75 of the Town and Country Planning (Scotland) Act 1997 in order to secure a contribution towards affordable housing.  In deciding to allow the appeal, the Reporter, on the basis of the housing land supply information submitted, considered that there was a shortfall in the requirement to maintain a five year effective housing land supply at all times and concluded that there were strong reasons why an exceptional approval should be granted.  Questions will be asked as to how the council carries out its audit of housing land and calculates the supply of effective housing land.  No doubt, these issues will to the fore in the review of the local development plan.

An appeal was submitted to the DPEA on 9 October against the serving of an enforcement notice by the council alleging that the use of land south and east of the property ‘Oaklands’ in Ednam village, near Kelso has been changed from agricultural land to garden ground without planning permission and that a variety of domestic structures have been erected/placed on the land (DPEA Ref: ENA-140-2012).  Interested members of the public are entitled to make representations on the appeal until 6 November.

An appeal against the council’s refusal to issue a Certificate of Lawful Use of a property used in the past as a guest house, as a dwellinghouse, at Camptown, south of Jedburgh  remains to be determined (SBC Ref: 18/00849/CLEU) (DPEA Ref: CLUD-140-2002).  Three appeals remain to be determined against the refusal of planning permission: (1) 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); (2) for the erection of a poultry building at Hutton Hall Barns, Hutton in Berwickshire (DPEA Ref: PPA-140-2065); (3) for the erection of a poultry building at Easter Happrew in the Manor Valley, west of Peebles (DPEA Ref: PPA-140-2062).

The hearing session in connection with the application by Eildon Housing Association for residential development at Huddersfield Street, Galashiels, which was called-in for determination by Scottish Ministers in view of the possible flood risk (SBC Ref: 17/00695/FUL) (DPEA Ref: NA-SBD-054) was held on Wednesday 15 August in the Waverley Suite at the Transport Interchange, Galashiels.  The Reporter’s report and recommendations have been submitted to Scottish Ministers for their decision.

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).  The Reporter’s reports in relation to these three applications have been submitted to Scottish Ministers and their decision is awaited.


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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