Development Management: June 2019 update

Scottish Borders Council’s annual performance review for 2018/2019 shows that during the year 1 April 2018 to 31 March 2019 the council decided 1,369 planning applications (compared with 1,307 in 2017/2018).  In relation to householder developments, the council took on average 7.2 weeks to determine the applications, which is in line with the Scottish figure.  The council took, on average, 8.1 weeks to determine non-householder developments, compared with a Scottish figure of 10.4 weeks.  During June 2019, the Scottish Borders Council received some 116 applications for planning permission and other consents, including listed building and conservation area consents and applications for works to protected trees.

On the tourism front, in Peeblesshire, a planning application has been received for the erection of 26 holiday lodges on the Barony Castle Estate, outside Eddleston (SBC Ref: 19/00916/FUL).  A decision on the application for a proposed major leisure development at Rutherford House, near West Linton (SBC Ref: 19/00153/FUL), submitted in March 2019, remains outstanding and is unlikely to be made before October.  At the other end of the region, a planning application has been submitted for a major extension to the Roxburghe Hotel at Heiton, near Kelso (SBC Ref: 19/00876/FUL).  The proposed extension comprises some 60 bedrooms, restaurant, spa and conference facilities and includes an external spa garden and terracing.  This proposal forms part of a wider investment, which includes refurbishment of the existing 22 bed hotel and the erection of 60 lodges, which have the benefit of planning permission.

In the Central Borders, an interesting development at Tweedbank, is the proposal by Tempest Brewing Company to expand their business with the erection of a new brewery building, including offices, shop and bar space, on the site of the former Eildon Mill and Units A & B on the industrial estate (SBC Ref: 19/00815/FUL).  Meanwhile, a decision is awaited on the proposal for a mixed use development, including a hotel, restaurant with drive-thru facility and petrol filling station with a shop on site, proposed for the site previously ear-marked for a B & Q retail warehouse (SBC Ref: 18/01520/FUL).  This application, submitted in October 2018, has been revised to omit the originally proposed retail food store in response to comments received.  It remains to be seen whether the amended proposal will gain the support of the council’s Planning and Building Standards Committee; the opinion of Tweedbank residents is divided on the issue.  All those who made representations on the original proposals have been re-consulted on the revised proposals and a decision is unlikely before the September meeting of the Planning and Building Standards committee.

In Berwickshire, applications have been submitted for the erection of 10 new dwellings and 12 small business units on two sites at Marchmont Road, Greenlaw.  One application relates to the erection of 8 business units and the conversion of existing poultry sheds to form a further 4 business units on the site of the former poultry farm on Marchmont Road, Greenlaw (SBC Ref: 19/00913/FUL).  A second application relates to the erection of 10 dwellinghouses on land west of the poultry farm (SBC Ref: 19/00870/PPP).  The whole site was previously granted planning permission, on appeal, for the erection of 38 dwellings (SBC Ref: 16/01360/PPP; DPEA Ref: PPA-140-2059).  Applications have also been received for the erection of 5 dwellinghouses on a site off the Duns Road in Greenlaw (SBC Ref: 19/00809/PPP & 19/00810/FUL).

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 June, some 100 applications were determined by the Chief Planning Officer under delegated powers.  In Hawick, planning permission has been granted for the demolition of the former Armstrong’s [Almstrong’s] department store (SBC Ref: 18/01419/CON) and its replacement by a new building providing office accommodation for up to 17 small businesses.  This will be a welcome development in support of the council’s efforts to sustain the viability and vitality of Hawick’s town centre.

In Melrose, planning permissions have been granted for two innovative proposals; for the conversion of the former water tank on Dingleton Road, Melrose to a dwellinghouse (SBC Ref: 18/00386/FUL), and for the conversion of the former boiler house at Dingleton Hospital to form 5 flats (SBC Ref: 17/01632/FUL).  This concrete structure, built in 1977 and designed by well-known architect, Peter Womersley, was in danger of falling into disrepair following the closure of Dingleton Hospital.  Along with the Gala Fairydean stand, the SBC office building in Newtown St. Boswells built for Roxburgh County Council and the former Bernat Klein Studio outside Selkirk (perhaps his most celebrated work, which is also in danger), this structure illustrates the brutality of his modernist style, which combined the use of concrete with strong geometric lines.  Not necessarily loved by today’s generation, these structures epitomise the optimism of the late 1950s and 1960s.

Only three applications were refused planning permission in June by the Chief Planning Officer under delegated powers: (i) for the erection of a dwellinghouse at West Flemington, Eyemouth in Berwickshire (SBC Ref: 19/00330/FUL); (ii) for the erection of a dwellinghouse at Langton Mill Cottages, Duns in Berwickshire (SBC Ref: 18/01695/PPP); and (iii) for the erection of a porch on the front elevation of 2 Deloraine Court, Hawick (SBC Ref: 19/00386/FUL).  At its meeting on 3 June, the Planning and Building Standards Committee continued consideration of an application for the erection of 50 dwellings on land south west of Ayton Primary School in Ayton, Berwickshire (SBC Ref: 18/01804/FUL).  On 17 June, the Local Review Body (LRB) considered two applications for a review of the Chief Planning Officer’s decision to refuse planning permission under delegated powers; the LRB overturned the decision of the Chief Planning Officer to refuse planning permission for the part change of use of a barn at Mid Softlaw Farm, Kelso to a vehicle body repair and paint shop (SBC Ref: 18/01071/FUL; 19/00009/RREF).  The LRB also overturned the decision of the Chief Planning Officer to refuse planning permission for the erection of two dwellinghouses on land at Cowdenburn Cottages, near West Linton in Peeblesshire (SBC Ref: 18/01469/PPP; 19/00010/RREF).

In relation to appeals to the Scottish Government, the 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 was dismissed on 19 June (SBC Ref: 15/00045/UNDEV: DPEA Ref: ANA-140-2004).  As expected, an appeal has been submitted in relation to the council’s refusal of 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; DPEA Ref: CLUD-140-2003).

Three other appeals remain outstanding: (i) an appeal 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 (DPEA Ref: PPA-140-2076); (ii) an appeal in relation to the proposal, also by Eildon Housing Association, for the erection of 69 dwelling units at Coopersknowe, Galashiels (DPEA Ref: PPA-140-2075) and (iii) the long-standing 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 (DPEA Ref: PPA-140-2072).  A hearing into certain aspects of this appeal is to be held on 6 August in the Forman Hall, Roberton, commencing at 10.00am.

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).

 

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.