Development Management: April 2019 update

During April 2019, the Scottish Borders Council received some 145 applications for planning permission and other consents, including listed building and conservation area consents and applications for works to protected trees.  A number of applications requested planning permission for a variety of commercial uses within town centres.  In Kelso, a planning application proposes the change of use of part of 40 Bridge Street into a café/bistro to augment the existing deli (SBC Ref: 19/00568/FUL).  Another proposes the change of use of the Border Hotel/Guest House at 8-10 Woodmarket to a café and holiday apartment (SBC Ref: 19/00472/FUL).  In Melrose, an application requests planning permission for the change of use of a shop at 32 Market Square into an office (SBC Ref: 19/00510/FUL).

Perhaps of more significance, in Hawick, a planning application has been submitted for the erection of a retail store and restaurant with drive-thru and take-away facility on the site of a former car showroom on Commercial Road  (SBC Ref: 19/00509).  It is understood that the retail unit would be occupied by the relocated B&M Store together with the Border’s second McDonald’s drive-through fast-food restaurant.  In Galashiels, the bakery chain, Greggs, has applied for planning permission for the use of 25 Market Street, which is on the corner of Market Street and Green Street, as a bakery and café with outdoor seating (SBC Ref: 19/00528/FUL).

Applications for wind farms are a regular feature of these up-dates and a planning application has now been received for the erection of 8 wind turbines, up to 130m in height to blade tip, on land at Wull Muir, near Heriot, close to the northern boundary of the Scottish Borders (SBC Ref: 19/00191/FUL).  This proposal was the subject of a Proposal of Application Notice (PAN) in September 2018 (18/01164/PAN).  Public exhibitions were held in Heriot and Temple (in neighbouring Midlothian) in September 2018.  According to the Pre-Application Consultation Report, after this initial consultation, a number of significant alterations were made to the proposed development and a further round of consultations was undertaken in February 2019.  To date, few objections have been received, perhaps a reflection of the success of the public engagement process.

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.

During April, some 130 planning applications were determined by the Chief Planning Officer under delegated powers.  Five applications were refused, including two applications for replacement windows and internal alterations at 25 High Street, Selkirk (SBC Refs: 19/00183/FUL & 19/00184/LBC).  In this case, the Chief Planning Officer considered that the replacement of the existing timber sash and case windows with Upvc tilt and turn windows would not be acceptable and could undermine the positive changes taking place in Selkirk Town Centre under the CARS scheme.  In Roxburghshire, planning permission was refused for the erection of three holiday lodges at Hallrule, Bonchester Bridge (SBC Ref: 18/01680/FUL) on the grounds that the development did not respect the amenity and character of the surrounding area.  In Peeblesshire, planning permission was refused for the erection of a dwellinghouse at Blyth Bridge (SBC Ref: 19/00194/FUL) on the grounds that the site lies within the countryside and the proposal does not relate to an existing building group.  An application for the use of agricultural land as a dog walking area, requiring the erection of a 6ft. high boundary fence, at Milkieston, north of Peebles (SBC Ref: 18/01161/FUL) was refused on the grounds that the access to the site off the A703 is sub-standard.

On 29 April, the Planning and Building Standards Committee granted planning permission for the erection of 30m high telecommunications mast with associated equipment on the slopes of Deepdale Hill in the upper Ettrick valley.  The purpose of the mast is to assist with the Scottish Government’s strategy to provide 4G services to rural communities.  Although there were a number of objections to the height and location of the mast, on amenity grounds, there was overwhelming support for the proposal amongst the local community.

On 15 April, the Local Review Body (LRB) overturned the decision of the Chief Planning Officer to refuse planning permission for the erection of a dwellinghouse at the end of Caberston Avenue in Walkerburn (SBC Ref: 18/00681/FUL).  Three applications for a review of the Chief Planning Officer’s decision remain outstanding.  These relate to: (1) the erection of a dwellinghouse on land at Maxwell Street, Innerleithen (SBC Ref: 18/00728/PPP); (2) the erection of a dwellinghouse at Lamberton in Berwickshire (SBC Ref: 18/00961/FUL); and (3) the installation of windows in lieu of air conditioning units at Deans Bar, Orrock Place in Hawick (SBC Ref: 17/01368/FUL).

In relation to appeals to the Scottish Government, the appeals against 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) have been dismissed and planning permission refused.  In respect of the planning application, the Reporter concluded that, although the provision of 70 new houses on brownfield land is supported by planning policy, the relocation of the existing allotments was not acceptable.  In relation to the application for conservation area consent, the Reporter concluded that the current appearance of the existing mill buildings did not warrant their demolition and that, given there was no acceptable scheme for the redevelopment of the site, the demolition of the existing buildings would not accord with conservation area policy.  The appeal 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) has also been dismissed.  The Reporter considered that a change of use had been carried out without the required planning permission and that the council was not time-barred from taking enforcement action to terminate the change of use.  He also considered that the unauthorised use had an unacceptable impact on neighbouring properties and that the use should be terminated within two months of the enforcement notice taking effect.

Two other appeals remain outstanding: (1) an appeal against the refusal of listed building consent for the installation of replacement windows in ‘The Honey House’, Longformacus in Berwickshire (DPEA Ref: LBA-140-2005); and (2) the appeal against the refusal of planning permission 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).  In addition, an appeal has been re-submitted in relation to 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: ANA-140-2004).  A previous appeal was terminated in February 2019 following the withdrawal of the enforcement notice by the council (SBC Ref: 15/00045/UNDEV; DPEA Ref: ANAA-140-2001).

Two 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; and (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).  The reports on these appeals have been with Scottish Ministers since July last year (2018).


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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