Development Management: Christmas 2018 update

In relation to planning applications submitted, 2018 has ended relatively quietly.  During December 2018, the Scottish Borders Council received less than 100 applications for planning permission and other consents, including listed building and conservation area consents and applications for works to protected trees.  There were no obvious contentious applications.  During the same period, some 70 planning applications have been determined by the Chief Planning Officer under delegated powers, only two of which were refused: (1) an application to reinstate two windows in lieu of air conditioning units at Deans Bar, Orrock Place, Hawick (SBC Ref: 17/01368/FUL); and (2) an application for the erection of a dwellinghouse at Lamberton in Berwickshire.

On the 10 December, the Planning and Building Standards Committee granted planning permission for the variation of condition 1 attached to planning consent 13/00789/FUL for the Braidlie Wind Farm, near the Hermitage Valley south of Hawick (SBC Ref: 18/01251/FUL).  The effect of the variation is to extend the time limit for initiating the development to three years from the date of the new permission (10 December 2018) rather than the date of the original permission (June 2016).  The planning application to vary conditions 1, 3, 4 & 14 of planning permission 13/00789/FUL remains to be determined.  This application (SBC Ref: 18/01456/FUL), as well as requesting an extension of time to initiate development, also requests an increase of the micro-siting allowance from 50m to 100m, an increase in tip height of six of the turbines to 149.9m and also requests a relaxation to allow the development to commence prior to the approval of the required ATC Radar Mitigation Scheme. The Braidlie Wind Farm was granted planning permission on appeal by the Scottish Government’s Planning and Environmental Appeals Division (DPEA) in June 2016.  It will interesting to see the attitude of the Planning and Building Standards Committee to these proposed deviations from the plans approved by Scottish Ministers.

On the 10 December, the Planning and Building Standards Committee also granted planning permission for the erection of 38 dwellinghouses on a site at Thirlstane Drive, Lauder, much to the consternation of the Lauderdale Community Council and a number of neighbour objectors (SBC Ref: 18/00792/FUL).  The planning application for the erection of 64 dwellinghouses on land north of Sergeants Park, Newtown St. Boswells was, however, continued until the next meeting to allow officers to examine the infrastructure capacity issues and how the proposed development would site within the wider master plan for the Newtown Expansion Area (SBC Ref: 18/00486/FUL).

It will be 2019 before two other contentious applications appear on the agenda of the Planning and Building Standards Committee: (1) the application for a mixed use development including a hotel, restaurant with drive-thru facility, food retail store and petrol filling station with shop on a site at Tweedbank Industrial Estate (SBC Ref: 18/01520/FUL); and (2) the proposal by Rural Renaissance Ltd for 26 dwellinghouses on land at The Croft, Dingleton Road, Melrose (SBC Ref: 18/01385/FUL).

Back to the recurring issue of wind farms; another interesting application for the council’s Planning and Building Standards Committee to determine will be the application by Energiekontor to vary conditions 2 & 4 of planning consent 17/00010/FUL for the Pines Burn Wind Farm sited south-west of Bonchester Bridge, which was granted planning permission on appeal by the Scottish Government’s Planning and Environmental Appeals Division (DPEA) in August 2018.  This application (SBC Ref: 18/01443/FUL) requests that the micro-siting distance for turbines from the position shown on the approved plans be increased to 100m and that the tip height of five of the turbines be increased to 149.9m.  Having refused planning permission for the development, it will be interesting to see the attitude of the Planning and Building Standards Committee to these proposed deviations from the plans approved by Scottish Ministers.

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 17 December, the Local Review Body (LRB) upheld the decision of the Chief Planning Officer to refuse planning permission 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 LRB agreed that the proposed UPVC door and side panels would be harmful to the character and appearance of the St. Boswells Conservation Area by reason of their design and materials proposed.  In relation to the planning application for alterations and extension to the dwellinghouse ‘Elsielea’ at 61 West High Street, Lauder, the LRB determined to vary the planning permission granted by the Chief Planning Officer by deleting condition 2 of the consent 18/00580/FUL, which required the submission of amended drawings of the proposed garage/workshop showing the mono-pitched roof reversed.  The LRB was content with the proposed design.

During December, the Scottish Government’s Planning and Environmental Appeals Division (DPEA) dismissed the appeal against the council’s refusal to issue a Certificate of Lawful Use, as a dwellinghouse, of a property used in the past as a guest house at Camptown, south of Jedburgh. (SBC Ref: 18/00849/CLEU) (DPEA Ref: CLUD-140-2002).

As indicated in the November update, appeals have been submitted in relation to the non-determination of the planning applications for the redevelopment of the March Street Mills site in Peebles for residential units (SBC Ref: 17/00063/PPP & 17/00064/CON).  At the meeting on 10 December, the Planning and Building Standards Committee responded to the appeals to the effect that, had they not been lodged, the Committee would have refused the planning application on the grounds of retaining the allotments [which it is proposed to relocate to another part of the site] in their current position, and refused the application for conservation area consent on the grounds that there was no appropriate redevelopment proposals in place for the buildings to be demolished.

An appeal has been submitted against the serving of an Amenity Notice for the removal of two shed structures, a van and various items from land west of Gallowberry Bank, Blyth Bridge, near West Linton in Peeblesshire (SBC Ref: 15/00045/UNDEV; DPEA Ref: ANAA-140-2001).  An appeal has also been submitted against the serving of an enforcement notice alleging the use of the property ‘Greenloaning’ on The Loan, West Linton for short stay visitor accommodation (SBC Ref: 18/00074/UNUSE; DPEA Ref: ENA-140-2013).

Two appeals against the refusal of planning permission remain to be determined: (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 construction of a wind farm comprising 7 turbines up to 132 metres high to tip height on land at Barrel Law, north west of Roberton (SBC Ref: 17/01255/FUL) (DPEA Ref: PPA-140-2072).  The appeal against the refusal of Tree Works Consent for the removal of a mature copper beech tree at 22 Craigmyle Park, Clovenfords, near Galashiels also remains to be determined (SBC Ref: 18/01057/TPO) (DPEA Ref: TWCA-140-2).

An appeal 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 (SBC Ref: 17/00131/UNDEV) (DPEA Ref: ENA-140-2012) remains to be determined.

The Reporter’s report and recommendations have been submitted to Scottish Ministers for their decision 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).

Until just before Christmas, three wind farm applications submitted to the Scottish Government under Section 36 of the 1989 Act, to which the Scottish Borders Council has objected, remained 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 the two Fallago Rig applications were submitted to Scottish Ministers in July and their decision on these applications is awaited.  However, on 21 December, Scottish Ministers decided, after a public inquiry, to refuse the application for consent for the Birneyknowe Wind Farm.  Scottish Ministers agreed with the Reporter’s findings that the wind farm would not preserve natural beauty and would be in conflict with important aspects of Scottish Planning Policy, and that the benefits of the proposal in relation to the support for renewable energy development at national level did not outweigh these concerns.  The local community, and no doubt Scottish Borders Council, will be delighted with this Christmas present.  Is the tide turning?


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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