Blog Posts

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).

 

Strategic Development Plan (SESplan 2) Update: May 2019

Scottish Ministers have put development planning in the south east of Scotland, including the Scottish Borders, into a state of confusion with the rejection of the Strategic Development Plan (SESplan 2), submitted in June 2017.  On 16 May, the Scottish Government’s Chief Planner announced that Scottish Ministers were not satisfied that the Plan had been properly informed by an adequate and timely Transport Appraisal and that it did not take sufficient account of the relationship between land use and transport.  It is the view of Scottish Ministers that the Plan does not properly acknowledge and address the region’s infrastructure constraints to support the spatial strategy for delivering housing land across the area.  It does not include sufficient information on the transport interventions required to support the spatial strategy.

 The existing development plan in the Scottish Borders currently consists of the Scottish Borders Local Development Plan (LDP), adopted in May 2016 and the Strategic Development Plan produced by SESplan, a partnership of six local authorities in the south east of Scotland; Edinburgh, East Lothian, Midlothian, Fife, Scottish Borders and West Lothian, which was approved by Scottish Ministers in June 2013.

 SESplan 2 sets out an ambitious vision to guide the growth of the South East Scotland Region over the next twenty years.  For the next 12 years (2018-2030), SESPlan proposes that most growth will be largely met by land already identified in existing and proposed local development plans.  In the Scottish Borders, existing towns provide the focus for retail, commercial and strategic employment opportunities.  The potential future expansion of the Borders Rail line to Hawick and beyond could provide further opportunities for growth and regeneration in the Central Borders and Hawick.  On the East Coast Main Line, a new station at Reston would provide settlements in Berwickshire with easier access to employment and education opportunities in Edinburgh and stimulate tourism in the area.  Dualling of the A1 and improvements to the A68 and A7 would improve journey times to and from England.

In relation to housing supply, SESplan 2 indicates that there is sufficient housing land supply to meet housing land requirement for the 2018-2030 period in the Scottish Borders based on the land supply set out in the Local Development Plan.  However, a step change in the level of house building is needed if housing supply targets are to be achieved and this may warrant the permitting of proposals for additional housing on sites not identified in the local development plan, subject to it being consistent with the spatial strategy of the development plan and a number of other criteria.  Additional housing land allocations are likely to be required to meet the housing land requirement for the period 2030-2038.  These will need to be made in new Local Development Plans.

The Examination of SESplan 2 by Reporters appointed by Scottish Ministers was undertaken in 2017/2018 and their report was submitted to Scottish Ministers on 20 July 2018.  The Reporters recommended a number of modifications to the Plan.  In relation to the spatial strategy, the Reporters recommended that the location of any additional sites to those identified in local development plans, that require to be identified for development in the period 2018-2030, should be in and around Edinburgh and along transport corridors.  In relation to Key Areas of Change in the Scottish Borders, the Reporters recommended that the Strategic Development Plan should give more emphasis to the fact that major flood schemes in Selkirk, Hawick and Galashiels will provide opportunities for growth and regeneration in the Central Borders.

In relation to housing targets, the Reporters increased the housing supply target for the Scottish Borders for the period 2018-2030 from 4,176 homes to 5,202 homes and the housing land requirement from 4,594 to 5,760 homes.  In relation to the five year effective housing land supply, where a shortfall is identified, sites for greenfield housing development not allocated in local development plans may be granted planning permission subject to the development being consistent with the spatial strategy of the development plan and a number of other criteria.

SBC’s review of its adopted local development plan, to date, has been very much influenced by the recommendations of the Reporters in relation to the housing requirements of SESplan 2.  The Main Issues Report (MIR) relating to the new Scottish Borders Local Development Plan (LDP2) was published in November 2018 and has been the subject of wide consultation.  A report on the representations received is expected soon and it was proposed in the council’s Development Plan Scheme of March 2019 that the proposed LDP2 would be published in the autumn/winter of 2019/2020.  With the rejection of SESplan 2, this programme has been placed in doubt.  It will be interesting to see how the council intends to proceed.

Whilst Scottish Ministers have been deliberating on SESplan 2, the Planning (Scotland) Bill introduced to the Scottish Parliament on 4 December 2017 proposes that Strategic Development Plans should be removed from the development plan system to be replaced by more proactive regional working partnerships.  So, the consequences of the rejection of SESplan 2 for the council’s new local development plan LDP2 remain uncertain.  It is open to the Strategic Development Planning Authority to prepare a new SESplan 2 but the implications of the Planning (Scotland) Bill complicate the matter.  We shall have to see what the planning authorities in South East Scotland decide to do.  The decision should raise considerable concern for the Scottish Borders Council in relation to the finalisation of its new local development plan.  Any delay would in its production would not be good news for developers or for the future development of the Scottish Borders Region.

 

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).

 

Peeblesshire County Planning in the 1960s and 1970s

Arrangements continued with Midlothian County Council in relation to the processing of planning applications until 1975; the staff of the county planning department, principally Charles Mackenzie, provided planning advice to the County Clerk and the Town Planning Committee.  It was decided not to pursue a review of the county development plan approved in 1955 but to amend the approved development plan as necessary.  The rail link between Penicuik and Galashiels, via Peebles East Station, closed in February 1962 and the route for a link road and by-pass to the east of Peebles town centre, which had been the subject of intense deliberation during the preparation of the county development plan, was resolved.  The county council agreed to purchase the East Station and an amendment to the development plan was prepared showing the new road linking Edinburgh Road with Innerleithen Road along the former railway line, and the remaining part of the station allocated for car parking and a bus terminus.  The former marshalling yard at March Street was designated for industry.  Peebles West Station, closed in 1959, was designated for residential and commercial uses, including a site for a new fire station.

On the tourism front, the future of the various holiday huts sites continued to test the resolve of the council.  There was a continuing demand to replace huts and caravans, extend existing caravan sites and develop new sites.  Milk bars and tearooms/cafes became established at a number of rural locations on the main road routes through the county.  Peter Maxwell-Stuart opened up Traquair House to the public and obtained planning permission for a shop and tearoom in 1963.  The 1960s had truly arrived in Peebles when, in 1966, a hut situated between Tweed Green and the High Street was the unauthorised venue for a ‘Beat Club’ [a venue for popular 1960s music].  A similar proposal in Romanno Bridge was refused planning permission in 1968.  Refusals of planning permission were rare prior to the 1970s, for it was the practice of the council (along with the other councils in the Borders) to defer decisions on applications that were not acceptable in the hope that an acceptable compromise could be reached or that the application would be withdrawn because of the opposition.

A Landscape and Tourism Development Plan, prepared in 1965, reviewed the AGLV designation that covered the whole county in the approved development plan, and proposed more specific areas along the Tweed Valley, the Manor Valley and the Leithen Water Valley.  It also identified various tourism proposals, including car park/picnic sites and camping/caravan sites.  In 1968, the whole of the county was designated ‘Countryside’ under the Countryside (Scotland) Act 1967 allowing grants of up to75% for countryside projects such as car parking/picnic sites in the Meldon Hills, Leithen Valley, Manor Sware Viewpoint and Cademuir, and for the employment of a part-time Ranger.  Planning permission was granted in 1968 for a roadhouse hotel (the Pantiles) at West Linton, together with a touring caravan site.  On the outskirts of Peebles, planning permission was granted for the Countryside Inn (another roadhouse type facility) at Kirnlaw, near Glentress Forest.  In 1969, the Bakehouse Tearoom in West Linton became established as a popular Sunday destination for coffee & cake.  In response to the growing popularity of caravanning, Rosetta House and its grounds were purchased by the county council in 1969 for development as a caravan and camping site.

With population continuing to decrease and low unemployment, local textile manufacturers imported labour from Midlothian.  An overspill agreement was reached between Peebles Town Council and Glasgow City Council to overcome the labour shortage and attempts were made to attract male-employing industries.  Peebles town council purchased the March Street Marshalling Yard in 1964 and the first factory was erected in 1968 by Litsters, a photographic finishing company, followed by Fidelitone, manufacturers of record styluses, in 1970.  Land at South Park would be acquired for industry by the town council in 1970.  Sand and gravel working in the northern part of the county continued to expand as the economy grew in the 1960s.  At Shiphorns, over 400 acres of land at Darnhall was granted planning permission in 1967 for sand and gravel working over a 30 year period.  In 1969, planning permissions were granted for the extension of the existing workings at Nether Falla, for a new area on Portmore Estate and for a new site at Tarfhaugh, West Linton.

On the housing front, the expansion of Peebles continued south of the Tweed with SSHA and local authority housing at Kingsmeadows Gardens and private housing at Edderston Road and Gallowhill.  Private housing was also proposed on a number of fields at St. Ronan’s Terrace, Innerleithen, whilst the SSHA continued housing development at The Pirn.  In 1968, Peebles Town Council appointed its own planning consultant to advise on the growth potential of the town.  At the same time, the county planning officer produced a draft ‘Urban Structure Plan’ for Peebles (along the lines suggested in the Government’s PAG Report ‘The future of Development Plans’ published in 1965).  This draft Plan set out future areas of growth with major expansion to the north (opposite Rosetta House) for housing and industry and the redevelopment of the Cuddyside area north of the High Street, which proved to be a very contentious issue.

The 1970s saw the rate of private housing in the county increase with development in Peebles, at Edderston Road, Bonnington Road and Gallowhill, at St. Ronan’s Terrace, Well’s Brae and Leithen Road in Innerleithen and at Bogsbank Road and Linton Bank Drive in West Linton.  The increasing pressure for housing at West Linton, including proposals for a major housing development at ‘The Hiddles’, would lead to the establishment, in 1973, of the West Linton Residents Association, which would become an influential pressure group and a strong voice over the coming years against the further expansion of West Linton.  In Peebles, the proposed re-development of Damdale Mill and Damcroft for private housing would prove contentious.  Eventually purchased by the town council, this area would be re-developed for rented housing by the SSHA.  In response to proposals to widen Cuddy Bridge at the west end of the High Street and demolish “Bank House”, Peebles Civic Society was born in 1973 with the intention of creating a local organisation that would protect and enhance the Burgh’s built environment.

As local government re-organisation drew closer, proposals for private housing were made in such diverse locations as Eddleston, Romanno Bridge, Broughton and Blyth Bridge as well as Peebles, Innerleithen and West Linton.  Proposals for three sites on Station Road, West Linton, which were refused planning permission, would have trebled the population of the village.  The number of planning applications jumped from an average of 150 per annum in the 1960s (146 in 1970) to over 230 in 1973.  The population of Peebles increased by 500 persons between 1964 and 1974 as a result of its attraction as a retirement location and with Edinburgh commuters.  Housing would be a major issue for the new Borders Regional Council with pressure for more development at West Linton, Eddleston and south of the River Tweed in Peebles.

 

Development Management: March 2019 Update

During March 2019, 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.  Perhaps the most significant application received relates to a proposed leisure development comprising 180 holiday lodges and associated facilities at Rutherford House, near West Linton in Peeblesshire (SBC Ref: 19/00153/FUL).  A leisure development comprising 263 holiday lodges, 206 touring caravan pitches, 15 tree houses and 20 glamping pods and including a new leisure/clubhouse facility with swimming pool, gym, Jacuzzi etc. was the subject of a Proposal of Application Notice (PAN) in February 2018 (18/00109/PAN).  Following public consultation, including exhibitions in April 2018 attended by almost 200 people, the proposals have been significantly reduced in an attempt to address the issues raised.  The number of lodges has been reduced from 263 to 180 and all the other forms of holiday accommodation have been removed.  The proposed village centre has been drastically reduced with the loss of facilities such as the bowling alley, cinema and hot food takeaway.  The proposed spa facility has been removed and the pub and restaurant provision scaled down.  It is early days in the processing of the planning application and it will be interesting to see if the changes made satisfy the concerns of the local community.

Elsewhere, a planning application for the change of house types and variation of the layout of a proposed development of twenty houses on a site at Horsburgh Ford, east of Peebles and close to the Macdonald Cardrona Hotel, was received on 7 March (SBC Ref: 00332/FUL).  Planning permission was originally granted in October 2015 (SBC Ref: 14/00666/FUL).  In Stow, Stow Community Trust proposes to convert the former station house into a bistro and community facility including a bicycle repair workshop (SBC Ref: 19/00406/FUL).  The project has planning approval (SBC Ref: 18/00318/FUL) but the design of the proposed extension has been revised to better reflect the traditional design of the existing building.  At Camptown, south of Jedburgh, the owner of the property ‘Glenacre’ is seeking, once again, to obtain a Certificate of Lawfulness for the use of the property as a dwellinghouse (SBC Ref: 19/00339/CLEU).  The refusal of a previous application was upheld on appeal to the Scottish Government (DPEA Ref: CLUD-140-2002) and it will be interesting to see if this attempt is successful.

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 March, some 140 planning applications were determined by the Chief Planning Officer under delegated powers.  Only three applications were refused planning permission: two applications for the erection of dwellinghouses on plots A & B on land south of ‘The Granary’ at Blyth Bridge in Peeblesshire (SBC Refs: 19/00023/PPP & 19/00025/PPP), and an application for the erection of a dwellinghouse at Cowdenknowes, near Earlston (SBC Ref: 18/00599/FUL).  The Chief Planning Officer considered that none of the proposed dwellinghouses complied with the council’s housing in the countryside policy.  There have been differences of opinion, in the past, between the Chief Planning Officer and the Planning and Building Standards Committee on how this policy should be interpreted and it is to be seen whether these decisions will be tested by appeal to the council’s Local Review Body.

On 4 March, the Planning and Building Standards Committee made three somewhat controversial decisions.  Planning permission was granted, against the wishes of many people in Peebles, for the erection of 71 dwellinghouses on land south of South Parks Industrial Estate (SBC Ref: 18/01026/FUL).  Although the site is allocated for housing in the adopted local development plan, the number of houses proposed exceeds the indicative capacity shown in the plan.  As well as concerns about the effect on residential amenity, perhaps the principal concern amongst the local population was the impact of traffic generated by the development on the road system, particularly Caledonian Road.  These concerns raise wider issues regarding the capacity of the existing Tweed Bridge and the mini-roundabout at the end of High Street to cope with the traffic generated by continued housing development south of the River Tweed.  Further housing development south of the Tweed and the provision of a second river crossing are matters raised in the Main Issues Report in connection with the review of the local development plan.  However, it will be the end of this year (2019) before the new local development plan (LDP2) is completed.  Many people in the local community question the desirability of allowing further development south of the river until these matters are resolved.

On the 4 March, the Planning and Building Standards Committee also granted planning permission for the erection of four dwellinghouses on the site of existing garages at Heriotfield, Oxton, near Lauder much to the ire of local residents who objected to the loss of the garages and to the impact of the new houses on their privacy and amenity (SBC Ref: 18/00910/FUL).  The third decision of the Committee related to proposed storage and distribution buildings, and ancillary dwellinghouse, for Border Mix Ltd on land near the Old Creamery, Dolphinton, near Biggar (SBC Ref: 18/01377/FUL).  Planning permission was refused, for a second time, on the grounds that it had not been demonstrated that there were any over-riding economic and/or operational reasons for the siting of this proposed development in the countryside.  The previous refusal of planning permission, in August 2017, was the subject of an appeal to the Scottish Government but, in January 2018, the appeal was dismissed (DPEA Ref: PPA-140-2063).  The intention of the applicant is to relocate the business from its present location within Dolphinton village and the applicant hoped that the additional information provided would show that all other possibilities have been exhausted.  However, the Committee considered that alternative sites had not been thoroughly investigated.  It will be interesting to see what the applicant does next: another appeal or another site?

At its meeting on 25 March, the Planning and Building Standards Committee approved a three years extension to the commencement time period of planning consent 09/01043/FUL, which relates to alterations to Gattonside House, near Melrose, to form 15 flats and the erection of 44 dwellinghouses and flats and a village shop in the grounds.  At the same meeting, the Committee granted planning and listed building consent for two alternative schemes of internal and external alterations to Castle Venlaw Hotel in Peebles to form 11 flats, subject to clearance from Scottish Ministers.

On 18 March, the Local Review Body (LRB) reversed the decision of the Chief Planning Officer to refuse planning permission for an extension to the storage units at Farknowes, Langshaw Road, Galashiels to provide an additional 7 workshop units and 1 unit to provide a dog day care facility and a dog exercise area (SBC Ref: 18/00040/RREF).  The LRB also reversed the decision of the Chief Planning Officer to refuse planning permission for the change of use of Redburn Garage, Peebles Road, Galashiels to a joiner’s workshop and showroom, caravan repairs and sales, car valet, retail and siting of catering unit (SBC Ref: 19/00004/RREF).  Although the business, which was in operation, comprised five different uses, the LRB considered that there was little significant difference between the previous use of the site and the proposed uses.  The LRB also reversed the decision of the Chief Planning Officer to refuse planning permission for the change of use of the Mansfield Bar in Hawick into a residential flat (SBC Ref: 19/00002/RREF) and his decision to refuse planning permission for replacement windows to the property ‘Sunnybrae’ in Midlem (SBC Ref: 19/00003/RREF).  Not a very successful meeting for the Chief Planning Officer!

In relation to appeals to the Scottish Government, an appeal against the refusal of listed building consent for the installation of replacement windows in ‘The Honey House’, Longformacus in Berwickshire, was submitted on 28 February (DPEA Ref: LBA-140-2005).  The Honey House is a category C listed building, forming part of a row of cottages, many of which are also listed.  The proposed uPVC replacement windows would copy the glazing pattern and method of opening of the current traditional timber sash and case windows.  However, the Chief Planning Officer considered that the existing windows, which are on the principal elevation of the property, appeared to be in a reasonable state and could be repaired and the proposal would introduce an inferior product.  Listed building consent was refused on 22 January 2019 (SBC Ref: 18/01627/LBC).

Four other appeals remain outstanding: (1) 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); (2) & (3) 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); and (4) 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).

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).

 

Berwickshire County Planning in the 1960s and 1970s

The appointment of John Baillie, the County Planning Officer for Midlothian County, as planning consultant for the preparation of the county development plan ceased on 31 December 1960 with the submission of the development plan to the Secretary of State.  Somewhat reluctantly, the council agreed that T. D. Anderson, the County Planning Officer, would be unable to continue to deal with day-to-day development control matters and tackle any consequences from the development plan submission without additional staff.  The council agreed to the appointment of one planning assistant to deal with the processing of planning applications, approximately 200 per annum.  However, there was little response to successive advertisements for the post and   T. D. Anderson continued, alone, to deal with planning applications and related matters.

Objections to the development plan were received in relation to proposals for Eyemouth.  As a result, Planning Consultant, A.T. McIndoe was appointed in July 1963 to prepare an amendment to the Eyemouth Town Map to include harbour improvements and additional land for industry at Coldingham Road.  In response to the submission of the development plan, the Scottish Development Department requested that Areas of Great Landscape Value and Tourist Development Proposals, required by Circular 2/1961, should be included in the development plan.  T. D. Thomson of Coldingham, a tourism consultant, was appointed to produce a landscape and tourist development plan.  The county development plan would eventually be approved by the Secretary of State in February 1965 subject to the deletion of the AGLV designation that covered the whole county and the removal of a housing allocation at Lauder of land between the town and the proposed by-pass through the grounds of Thirlestane Castle.  The county council was asked to consider a reduced area for AGLVs covering specific areas such as the Lammermuirs, the coast, Lauderdale and the Tweed Valley around Scots View and Bemersyde.

Development control during the early 1960s continued to be undertaken by T. D. Anderson, the County Planning Officer, on his own.  As the number of applications increased, the committee agreed to delegate decisions on straight-forward applications to the County Planning Officer.  Eventually, in February 1965, a planning assistant was appointed to assist with the growing number of planning applications, which now exceeded 250 per annum.  During this time, there was increasing pressure for camping and caravan sites along the Berwickshire Coast, with developments at Eyemouth, Coldingham and Pease Bay.  Increasing visitor pressure at Coldingham Sands, and the resultant erosion of the sand dunes resulting from the proliferation of beach huts, prompted an examination of the measures that could be taken to protect the beach and dunes similar to those being undertaken by East Lothian County Council at Gullane.  Access to Cove Harbour also became an issue when the access road suffered damage from land-slips.  The Areas of Great Landscape and Tourist Development Plan, which designated several AGLVs, set out the policy on camping and caravan sites, and identified locations for new car park/picnic sites in the countryside and along the main routes through the county (the A1, A68 and A697), was approved in March 1966.

After 36 years’ service with Berwickshire County Council, twenty years as County Planning Officer, T. D. Anderson retired in July 1966 and Basil Knowles, a qualified planner and Fellow of the Royal Town Planning Institute, was appointed as his replacement and designated County Planning and Development Officer.  Basil Knowles, with a planning career stretching as far back as 1938, arrived from Shropshire (Salop) County Council, where he had been Assistant County Planning Officer.  At Berwickshire County Council, he was responsible for giving planning its rightful place in a county where the positive power of planning had never been fully understood.  With skill and imagination, he pioneered policies which showed how a rural county could, by its own efforts, check the downward spiral of depopulation and restore its confidence.

Basil Knowles quickly identified the issues that needed to be tackled at a time when economic and social change was driving changes in the planning system.  In a report to the Planning and Development Committee, which had now been separated from the Property and Works Committee, in September 1966, he set out his ideas for the future of the county; recommending:

  • a programme of advance factories in Eyemouth and Duns to kick-start additional employment; the first nursery factories would be constructed in Eyemouth and Duns in 1967, the Scottish Industrial Estates Corporation (SIEC) constructed the first advanced factory at Coldingham Road, Eyemouth in 1968.
  • a local authority housing programme to attract industry to the county;
  • the possibility of large-scale afforestation in the Lammermuir Hills to create employment;
  • road signage to promote scenic routes through the county, with car park/picnic sites at appropriate locations;
  • a coastal path along the Berwickshire coast from Berwick-upon-Tweed to Cockburnspath; and
  • a programme of amenity tree planting in towns and villages throughout the county.

On the appointment of Basil Knowles, the planning assistant, who had been appointed in February 1965 to assist T. D. Anderson with the growing number of planning applications, resigned his position and it would be June 1967 before a replacement, Robert Johnston, was found.  Nevertheless, policy reports were produced during 1966/1967 on the siting and design of new housing, the control of the development of caravan sites and the conservation of the Coldingham Bay/St. Abb’s area.  The Secretary of State approved the Landscape and Tourist Development Plan, as an amendment to the Development Plan, in January 1968.  The designation of the whole of the county as “Countryside” in terms of the Countryside (Scotland) Act 1967 opened the door for 75% grants for countryside projects such as Coldingham Bay and the provision of car park/picnic sites throughout the county.  The whole of the county, except the burghs of Coldstream, Duns and Eyemouth and the settlements of Chirnside and Earlston, was designated an “Area of Special Control” for the purpose of controlling the proliferation of advertisements in the countryside, such as advanced signs on the main arterial roads.  In March 1969, a number of towns and villages were designated as conservation areas, a by-pass for Ayton on the A1 was agreed with the Scottish Office and a plan for the redevelopment of Duns town centre was produced [a plan for Eyemouth town centre had been produced by A. T. McIndoe].

In June 1969, David Douglas was appointed Depute Director of Planning and Development to assist Basil Knowles on planning policy and economic development matters. Alistair Lorimer replaced Robert Johnston as planning assistant in October 1969 and the staff of the burgeoning department was expanded further by the appointment of a draughtsman.  The work of the Planning and Development Department continued to expand with involvement in the Eyemouth and Duns town centre redevelopments, a number of proposals for caravan sites and the expansion of existing sites in Eyemouth, Coldingham and Pease Bay, and car park/picnic site proposals at Renton Barns on the A1 and at Hexpath and Cambridge Crossroads on the A697.  During the early 1970s, the pressure on the Berwickshire coastline continued to increase, with a constant demand for additional caravan sites.  Cove Harbour would be purchased in 1971 and plans approved to repair the access road and pier, and convert the stores into toilets and a shelter.  In February 1972, the council agreed to purchase Coldingham Sands in order to control the increasing visitor pressure on the bay.

From 1970, attention was concentrated on the preparation of a rural strategy for Berwickshire, identifying locations for new industry and housing.  The ‘Draft Rural Policy for Berwickshire’ published in March 1972, aimed at stemming the decline in population and “achieving a quality of life for the population which will afford reasonable economic, physical, social, cultural and recreational opportunities in the county”, the objective being to restore confidence in the county and prove that well planned development can provide a rural society with the same opportunities as that of an urban society and retain the young and energetic population.  To utilise to the best advantage the limited economic resources available and exploit the potential of the county, it identified a number of settlement groups on which a range of facilities could be supported.  Each settlement group was related to a “growth point” where the main housing and employment opportunities would be concentrated.  The report proposed that detailed plans be prepared for each settlement group to identify opportunities for development.

Basil Knowles unexpectedly died in February 1973 and David Douglas was promoted to the post of County Planning and Development Officer.  He would continue the work of Basil Knowles in promoting the economic development of Berwickshire County.  The post of Depute Director was filled by Douglas Hope, who arrived from the Scottish Development Department where he had been engaged in producing guidance and advice on the new development plan system introduced by the Town and County Planning (Scotland) Act 1972.  An additional planning assistant, Alistair McLean, would be appointed to assist with the processing of planning applications, which now exceeded 350 per annum.

In the succeeding two years, a number of reports were prepared that would subsequently contribute to the policy making of the new Borders Regional Council.  A report on housing proposed private housing sites for some 300 private houses in a variety of settlements across the county.  A report on Housing and Industry proposed an extensive local authority housing programme in the burghs of Eyemouth, Duns and Coldstream to house incoming workers and land for industry.  Some 20 acres of land was purchased for industry at Acredale, Eyemouth and the former Station Yard in Duns was acquired for industrial development.  Advanced and nursery factories were constructed at Eyemouth, Duns and Coldstream and ELBA Growers, an agricultural co-operative constructed a major cold store at Eyemouth.  A study of Eyemouth Harbour proposed alterations to the harbour entrance and major development at Gunsgreen.  A report on Agriculture in Berwickshire examined how the pattern of agriculture might change in the future and how the local authority could assist this major employer in the county (20% of the employed population compared with 3% in Scotland as a whole).  Settlement plans were drawn up for Lauder, Chirnside and Greenlaw, to complement those produced for Eyemouth, Duns and Coldstream.  A detailed management plan was produced for Coldingham Bay.  From April 1974, attention was also concentrated on the route of the transmission lines across East Lothian and Berwickshire Counties from the proposed Torness Power Station.  A joint working group of officials would be established and this matter would cause friction between the two counties.  Consent for the power station was granted by the Secretary of State in March 1975 and formal consultation on the proposed 400Kv transmission lines commenced; an issue that would be taken up by the Borders Regional Council and Lothian Regional Council after May 1975.

As local government re-organisation drew closer, a report on population change in 1973-74 showed that the population of Berwickshire had increased for the first time in over 100 years (by 313 persons); a major achievement which the council considered was a result of its efforts to diversify the economy of the county through the development of industrial sites in Eyemouth, Duns and Coldstream and the attraction of industry and incoming workers.  These policies would be taken up by the new Borders Regional Council with the appointment of David Douglas as its Director of Planning and Development, the appointment of the Convener of Berwickshire County Council, Major J.M. Askew, as the Convener of the Regional Council and the appointment of the Chairman of the county’s Planning and Development Committee, Baillie Victor Parle, as the Chairman of the Regional Council’s Planning and Development Committee.

 

 

Development Management: February 2019 update

During February 2019, the Scottish Borders Council received some 118 applications for planning permission and other consents, including listed building and conservation area consents and applications for works to protected trees.  Perhaps the most significant application received relates to the proposed redevelopment of the auction mart at Newtown St. Boswells (SBC Ref: 19/00210/PPP).  A Proposal of Application Notice (SBC Ref: 18/00144/PAN) for a large scale mixed use development, comprising retail, office, business/light industrial, hotel, residential and non-residential institution, housing and leisure use, together with a new access from the A68 and car parking, on the auction mart site was received on 9 February 2018.  As part of the pre-application process, a public consultation event was held on 12 March 2018.  The application for planning permission in principle provides some details of the proposed development, including a proposed master plan, which includes a new auction mart, up to 130 houses of mixed tenures, over 7,000sqm of retail accommodation and up to 8,000sqm of business and industrial development, all served by a new roundabout junction with the A68.  The master plan also accommodates the future extension of the Waverley Railway and the provision of a station at Newtown.  Newtown St. Boswells was identified as a centre for growth as far back as the 1960s and this proposal, together with sites identified in the local development plan and supplementary planning guidance, would certainly go a long way to creating a rural hub at this location with accessible housing, business and industry, retail, leisure and tourism developments.

In Kelso, M & J Ballantyne have applied for planning permission for the erection of 49 affordable homes at Angraflat Road, Kelso (SBC Ref: 19/00185/FUL).  This would be the first phase of a development of a total of 120 dwellings on the site between Queens House Nursing Home and the new Kelso High School.  The site is identified for housing in the adopted local development plan.  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 February, some 125 planning applications have been determined by the Chief Planning Officer under delegated powers.  Planning permission in principle has been granted for the erection of 120 dwellinghouses on land north and east of Hendersyde North Lodge at Kelso in line with the indicative capacity set out in the adopted local development plan (SBC Ref: 13/00259/PPP).  In Stow, planning permission has been granted for the erection of six dwellinghouses on a site incorporating land on either side of Lauder Road (SBC Ref: 0016/01461/PPP).  Planning permission was first granted for this development in December 2010 subject to a Section 75 legal agreement.  The subsequent planning consent, issued in December 2013, expired in December 2016.  Only one planning application was refused by the Chief Planning Officer: an application for the erection of two dwellinghouses at Cowdenburn Cottages, West Linton (SBC Ref: 18/01469/PPP).  The Chief Planning Officer considered that the proposal would be contrary to the council’s new housing in the countryside policy in that it would not relate sympathetically to the character of the existing building group and would cause the loss or serious damage to high amenity value trees.

On 4 February, the Planning and Building Standards Committee controversially refused planning permission, against the advice of the Chief Planning Officer, for two major housing schemes proposed by Eildon Housing Association.  Both had caused consternation in the respective local communities and the refusals were welcomed by them.  However, the chief executive of Eildon Housing Association called the decisions into question and threatened to lodge appeals to the Scottish Government [to date no such appeals have been received by the Scottish Government’s Planning and Environmental Appeals Division (DPEA)].  The applications relate to the erection of 69 dwellings at Coopersknowe Crescent, Galashiels (SBC Ref: 18/01417/FUL) and the erection of two blocks of residential flats, comprising 40 units, at Tweedbridge Court, Peebles (SBC Ref: 18/01086/FUL).  The committee considered that the increase in the number of dwellings proposed at Coopersknowe was unacceptable on the grounds that it would lead to over-development of the site and would create a significant adverse impact on the Langshaw Road, which adjoins the site and from which access would be taken.  In relation to the Tweedbridge Court proposal, which is sited on the banks of the river Tweed close to the town centre, this had aroused considerable objections from the Peebles community largely on the grounds of its visual impact.  The committee agreed that the proposed scale, mass, height and design of the proposed development was inappropriate to the character of its surroundings.  It remains to be seen as to whether Eildon Housing will submit appeals to the Scottish Government or whether amendments are made to these proposals to better respect the wishes of the local communities and the council’s Planning and Building Standards Committee.

On 18 February, the Local Review Body (LRB) reversed the decision of the Chief Planning Officer to refuse planning permission for an extension to 10 Townhead Way, Newstead, near Melrose (SBC Ref: 18/01215/FUL).  The LRB considered that the proposal would have minimum impact on the privacy and amenity of the neighbouring property and agreed to grant planning permission.  In respect of the request to review the refusal of a planning application for the erection of a dwellinghouse on land at Chapel Cottage, Melrose, the LRB, by 5 votes to 2 votes decided to refuse the application on the grounds that the design of the proposed dwellinghouse was not in keeping with the character of the surrounding countryside (SBC Ref: 18/00956/FUL).

As previously indicated, appeals have been submitted to the Scottish Government’s Planning and Environmental Appeals Division (DPEA) 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).  The Reporter appointed to determine these appeals carried out an accompanied inspection of the site and surrounding area on Tuesday 5 February 2019 at 2.00pm.  A decision on the appeals is awaited.

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 has been upheld and consent granted for the removal of the copper beech (SBC Ref: 18/01057/TPO) (DPEA Ref: TWCA-140-2).  Although the Reporter considered that the tree was a fine specimen, of high amenity value and contributing to the attractive landscape of the Craigmyle Estate, and that national policy contains a strong presumption in favour of retaining the tree, he considered that the householders concerns relating to damage to the property or injury outweighed these considerations.  He was not convinced that the householders concerns would be satisfactorily addressed by reducing the crown diameter or simply removing the limb closest to the house.

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 has been terminated following the withdrawal of the enforcement notice by the council (SBC Ref: 15/00045/UNDEV; DPEA Ref: ANAA-140-2001).  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 remains outstanding (SBC Ref: 18/00074/UNUSE; DPEA Ref: ENA-140-2013).  The Reporter in this case has requested further information from the appellant, to be provided by 12 March.

The appeal against the refusal of planning permission for the erection of 7 wind turbines on land north-west of Gilston Farm, near Heriot was upheld on 7 February and planning permission granted (SBC Ref: 17/00226/FUL) (DPEA Ref: PPA-140-2068).  In deciding to allow the appeal, the Reporter was not convinced that the combined impact of the proposed windfarm, in association with the existing Dun Law windfarm, would be unacceptable.  He acknowledged that any windfarm development, by virtue of the height of the turbines, would have significant adverse impacts when seen close up but pointed out that the reasons for refusal in this case refer to the proposed windfarm only being unacceptable in the context of cumulative landscape and visual impacts.  He was also of the view, to the consternation of the affected community councils, that there was no justification for the refusal of planning permission on noise grounds.  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 remains outstanding (SBC Ref: 17/01255/FUL) (DPEA Ref: PPA-140-2072).

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).