Development Management: May 2019 Update

During May 2019, the Scottish Borders Council received some 120 applications for planning permission and other consents, including listed building and conservation area consents and applications for works to protected trees.  In Berwickshire, the proprietor of the Blackadder Holiday Park in Greenlaw has submitted a Proposal of Application Notice for a proposed holiday caravan and camping site on land to the south of the A698 on the outskirts of Coldstream (SBC Ref: 19/00743/PAN).  A Public Event is to be held at Coldstream Community Centre on the High Street in Coldstream on Thursday 20 June, with a presentation to stakeholders and local businesses from 2.00pm-4.00pm and a drop-in public session from 4.40pm-8.00pm.

The council received notification of another application for a proposed wind farm comprising 49 wind turbines at Fawside, south of Teviothead, some 11 miles south-west of Hawick, which straddles the border between the Scottish Borders and Dumfries and Galloway Councils (SBC Ref: 19/00756/S36).  With an installed capacity greater than 50 MW (actually, 315 MW) the application has been submitted to Scottish Ministers under Section 36 of the Electricity Act 1989.  Scottish Borders Council is, therefore, a consultee and not the decision maker on this application.  Community consultation on the Fawside proposal, including consultation with community councils, commenced in 2017.  More recently, public exhibitions have been held in Teviothead and Langholm.  The applicant believes that the consultation process has improved the quality of the proposal.  It will now be for Scottish Borders [the Planning and Building Standards Committee] to decide what comments it wishes to make.

Interestingly, on 29 April 2019, SBC objected to a S36 application for the erection of 11 turbines as an extension to the Crystal Rig windfarm in the Lammermuir Hills on the border between Scottish Borders and East Lothian Councils on the grounds that the red aviation lights required would have an adverse visual impact and an adverse impact on landscape character (SBC Ref: 18/00768/S36).  Two wind farm applications submitted to the Scottish Government under Section 36 of the 1989 Act, to which the Scottish Borders Council has also objected, remain 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).

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 May, some 128 applications were determined by the Chief Planning Officer under delegated powers.  Five applications were refused planning permission, four of which relate to the erection of dwellinghouses: (i) the erection of a dwellinghouse on land at 3/4 Gilston Cottages, Heriot (SBC Ref: 19/00429/FUL); (ii) the erection of a dwellinghouse at Pyatshaw, Lauder (SBC Ref: 19/00358/PPP); (iii) the erection of four dwellinghouses on land west of Thornwood Lodge, Weensland Road, Hawick (SBC Ref: 18/01671/FUL); and (iv) the erection of a dwellinghouse on Murrayfield, St. Abs (SBC Ref: 18/01654/FUL).  Planning permission was also refused for the formation of an off-street parking area at 1 Balnagowan Road, Selkirk (SBC Ref: 19/00544/FUL).

The council also refused a request to issue a Certificate of Lawful Existing Use in relation to the residential use of the property ‘Glenacre’ at Camptown, south of Jedburgh (SBC Ref: 19/00339/CLEU).  A previous application (SBC Ref: 18/00849/CLEU), refused on 28 August 2018, was the subject of an appeal to Scottish Ministers.  The appeal was dismissed on 5 December 2018 and the issue of a certificate was refused, largely due to the lack of evidence that the residential use of the property had commenced more than four years before the date of the application for the certificate.  This further application asserts that the property has been used solely as a dwellinghouse since January 2014, during which time no enforcement action has been taken by the council.  Nevertheless, the council has again refused the issue of a certificate.  No doubt, another appeal to Scottish Ministers is inevitable.

There was no meeting of the Planning and Building Standards Committee during May.  On 27 May, the Local Review Body (LRB) considered three applications for a review of the Chief Planning Officer’s decision that had been continued from the previous meeting on 15 April 2019.  These related to: (1) the erection of a dwellinghouse on land at Maxwell Street, Innerleithen (SBC Ref: 18/00728/PPP; 19/00001/RREF); (2) the erection of a dwellinghouse at Lamberton in Berwickshire (SBC Ref: 18/00961/FUL; 19/00006/RREF); and (3) the installation of windows in lieu of air conditioning units at Deans Bar, Orrock Place in Hawick (SBC Ref: 17/01368/FUL; 19/00005/RREF).  The LRB again continued consideration of these appeals pending the receipt of further information.

In relation to appeals to the Scottish Government, an appeal has now been submitted against the refusal of planning permission for two blocks of residential flats, comprising 40 units, at Tweedbridge Court, Peebles, a proposal by Eildon Housing Association that caused considerable concerns amongst the Peebles community leading to a refusal of planning permission by the Planning and Building Standards Committee on 4 February 2019 on the grounds that the proposed development was of a scale, mass, height and density inappropriate to its surroundings on the banks of the river Tweed within Peebles Conservation Area (DPEA Ref: PPA-140-2076).

An appeal has also been submitted, as anticipated, in relation to the erection of 69 dwelling units at Coopersknowe, Galashiels.  This proposal by Eildon Housing Association has also proved controversial and was refused planning permission on 7 February 2019 on the grounds that the proposed development would constitute over-development that would create a significant adverse impact on the public road serving the site, the C77 Langshaw Road (DPEA Ref: PPA-140-2075).

The appeal against the refusal of listed building consent for the installation of replacement windows in ‘The Honey House’, Longformacus in Berwickshire was dismissed on 17 May 2019 (DPEA Ref: LBA-140-2005).  In dismissing the appeal, the Reporter agreed with the council that the replacement uPVC windows would be discordant and incongruous features that would adversely impact on the character and appearance of the listed building.

Two other appeals remain outstanding: (1) 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); and (2) an appeal 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).


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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