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Development Management: November 2018 update

During November 2018, the Scottish Borders Council received some 130 applications for planning permission and other consents, including listed building and conservation area consents and applications for works to protected trees.  Undoubtedly, the application which will catch most public attention is 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).  The site was previously acquired by B&Q but the planning application for a warehouse was never determined and was eventually withdrawn.  A supporting statement explains that the proposed “Borders Gateway” development includes a BP Filling Station and M&S Food Kiosk, Costa Coffee Drive Thru, Premier Inn with 71 beds and a discount food retail unit with 108 car spaces.  The site forms part of a much larger area zoned as a strategically important employment area and is outwith the area adjacent to the train station zoned for mixed uses in the local development plan, which has been suggested as a possible site for a hotel.  Whilst some organisations have welcomed the proposals, concerns have already been expressed by Galashiels Community Council about the effect of such a development on Galashiels town centre and on the prospects for a new hotel in Galashiels, for which a number of possible alternative sites have been identified.  With consultations on the new local development plan (LDP2) on-going, a decision on this application is likely to take some time and is likely to be controversial, whichever way it goes.  I am looking forward to hearing the debate when the matter, eventually, comes before the council’s Planning and Building Standards Committee for determination!

Elsewhere, opposition is mounting in Melrose to the proposal by Rural Renaissance Ltd for 26 dwellinghouses on land at The Croft, Dingleton Road (SBC Ref: 18/01385/FUL).  As predicted, this proposal has attracted a great deal of attention amongst the population of Melrose and almost 60 objections have been received.  Particular concerns relate to the suitability of Dingleton Road to accept traffic from additional housing development and to the impact of any development on the character and landscape value of the Eildon Hills.  This application will no doubt be another test for the Planning and Building Standards Committee.

Eildon Housing submitted a Proposal of Application Notice (PAN) for the redevelopment of the Earlston High School site for residential development on the 25 October (SBC Ref: 18/01493/PAN).  The community engagement event proposed for some time between the 15th and 30th November in Earlston Church Hall, is now to be held on 6 December (between 5.00pm and 8.00pm).

In Kelso, a Proposal of Application Notice (PAN) has been submitted by local builders M & J Ballantyne for alterations and conversion of the former Kelso High School to form extra care housing and the erection of private housing within the grounds (SBC Ref: 18/01574/PAN).  A public drop-in event was held on 22 November in the Assembly Room at the High School.  Any subsequent planning application cannot be submitted before 1 February 2019 and a pre-application consultation report will need to accompany the application detailing the results of the pre-application consultations, including the public event.

Back to the recurring issue of wind farms; another interesting application for the council’s Planning and Building Standards Committee 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.

Another wind farm case that will require to be considered by the Planning and Building Standards Committee is the application by Energiekontor to vary conditions 1, 3, 4 & 14 of planning permission 13/00789/FUL for the Braidlie Wind Farm, near the Hermitage Valley south of Hawick, which was also granted planning permission on appeal by the Scottish Government’s Planning and Environmental Appeals Division in June 2016.  This application (SBC Ref: 18/01456/FUL) requests an extension of time to initiate development, 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. Again, 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.

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 November, some 130 applications have been determined by the Chief Planning Officer under delegated powers, ten of which have been refused planning permission.  Perhaps the most contentious is the application for the change of use of the Redburn Garage, located in a prominent position on the Peebles Road on the outskirts of Galashiels, to joiner’s workshop and showroom, caravan repairs and sales, car valet, retail and the siting of a catering unit (SBC Ref: 18/00723/FUL).  This is a retrospective application for the former Bruce Motors Garage and Showroom which has been in use for above uses for some time.  Whilst the Chief Planning Officer considered that some aspects of the development are acceptable, the application has been refused because of the retail and joiner’s workshop element of the development.

Elsewhere planning permission has been refused for: (i) the erection of a dwellinghouse on land at Tarf House, West Linton (SBC Ref: 18/01341/PPP); (ii) the erection of two dwellinghouses at Croupyett, Ancrum (SBC Ref: 18/01177/PPP); (iii) the erection of an extension to a dwellinghouse at Townhead Way, Newstead (SBC Ref: 18/01215/FUL); (iv) the erection of a storage shed at 17 Leithen Road, Innerleithen (SBC Ref: 18/01116/FUL); (v) the erection of 7 additional workshop units, including one to be used as a dog day-care facility together with exercise area at Farknowes, Langshaw Road, Galashiels (SBC Ref: 18/01229/FUL); (vi) the erection of a dwellinghouse at Old Graden, Kelso (SBC Ref: 18/01252/PPP); (vii) the erection of a dwellinghouse at Linthill, Lilliesleaf, by Melrose (SBC Ref: 18/01332/PPP); (viii) the erection of a dwellinghouse on Eddy Road, Newstead, Melrose (SBC Ref: 18/01060/FUL; and (ix) the change of use of the Mansfield Bar on Mansfield Road in Hawick to a residential flat (SBC Ref: 18/01330/FUL).  Since it seems to be the practice for applicants who are refused planning permission by the Chief Planning Officer under delegated powers to appeal the decision, the council’s Local Review Body is going to be busy in the coming months.

At its meeting on 5 November, the Planning and Building Standards Committee decided to continue consideration, pending a site visit, of the application for the redevelopment of the March Street Mills site in Peebles for residential units (SBC Ref: 17/00063/PPP).  This proposal, submitted almost two years ago after extensive pre-application consultation, has generated considerable opposition from Peebles residents and a wide range of other local organisations.  At the time of writing, the agent for the developer, Moorbrook Textiles Ltd, has intimated that they are not prepared to wait any longer for a decision from the council and have decided to submit an appeal to the Scottish Government’s Planning and Environmental Appeals Division (DPEA) against the non-determination of the application.  It is interesting to see that in submitting the appeal rather than wait for a decision from the Planning and Building Standards Committee, the agents for the applicants indicate that the decision to appeal: “has been driven by the understanding of the appellant that the key determining issues and planning balance……are highly complex and emotive, such that they consider that placing the decision making in the hands of a Reporter acting on behalf of Scottish Ministers to be the appropriate action”.  Watch this space!

At its meeting on 19 November, the Local Review Body (LRB) reversed two decisions of its Chief Planning Officer to refuse planning permission for: (1) the erection of a dwellinghouse on land at Ladywood, Lower Greenhill, Selkirk (SBC Ref: 18/00929/PPP); and (2) the erection of a dwellinghouse at Chapel Cottage, Melrose (SBC Ref: 18/00644/PPP).  The LRB did support the decision of the Chief Planning Officer to refuse planning permission in respect of the erection of a further two dwellinghouses at Lower Greenhill, Selkirk (SBC Ref: 18/00832/PPP) and to refuse planning permission for the change of use of part of Unit 8 at Tweedside Park, Tweedbank (the former Plexus Facility) to form a gymnasium, children’s soft play area and associated café. (SBC Ref: 18/00635/FUL).  In this case, the LRB considered that the loss of business space, although limited, would undermine the aims of the council’s recently approved Supplementary Guidance for the Central Borders (Tweedbank) Business Park.  Will this decision have any impact in relation to the more recent proposal on the Tweedbank Industrial Estate referred to above!

During November, the Scottish Government’s Planning and Environmental Appeals Division (DPEA) reached decisions on the appeals against the refusal of planning permission for: (1) the erection of a poultry building at Hutton Hall Barns, Hutton in Berwickshire (SBC Ref: 17/00623/FUL) (DPEA Ref: PPA-140-2065); and (2) the erection of a poultry building at Easter Happrew in the Manor Valley, west of Peebles (SBC Ref: 16/01377/FUL) (DPEA Ref: PPA-140-2062).  In both cases, the Reporter appointed to determine the appeal, reversed the decision of the council and granted planning permission for the proposals.  One appeal against the refusal of planning permission remains to be determined: 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).

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).

The 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 site inspection has been arranged for 6 December.  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 also remains to be determined.(SBC Ref: 18/00849/CLEU) (DPEA Ref: CLUD-140-2002).

Two new appeals have been submitted to the DPEA.  As expected an appeal has been submitted against the decision of the Planning and Building Standards Committee, at its meeting on 3 September, to refuse planning permission against the Chief Planning Officer’s recommendation, 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).  This is a revised proposal, following the withdrawal of concerns expressed by the Ministry of Defence over possible interference with radar at RAF Spadeadam in Cumbria and seismic monitoring at Eskdalemuir, near Langholm.  However, although the Chief Planning Officer recommended approval, the Committee decided on a vote of 5 votes to 2 to refuse the application on the grounds that the proposal would have significant and adverse impacts and effects on the landscape.  Representations on the appeal will be accepted by the DPEA until 21 December.

Whereas appeals against the refusal of planning permission by the Chief Planning Officer are referred to the council’s Local Review Body (LRB) for determination, appeals against the refusal of consent for works to trees by the council’s Tree Officer are a matter for the Scottish Government’s Planning and Environmental Appeals Division (DPEA).  The council’s LRB has no locus in the matter (see my post on ‘Trees, woodlands and hedges’).  Although the council deals with over 100 tree works applications per year, very few are refused consent and appeals to the DPEA are rare.  In fact, only two such appeals appear on the DPEA website, one of which was withdrawn shortly after submission.  The second appeal, submitted on 15 November, relates to the refusal of Tree Works Consent for the removal of a mature copper beech tree at 22 Craigmyle Park, Clovenfords, near Galashiels (SBC Ref: 18/01057/TPO) (DPEA Ref: TWCA-140-2).  The appeal will be determined by a Reporter appointed by the DPEA through consideration of the written submissions from the council and the appellant and a site inspection.

Three wind farm applications submitted to the Scottish Government under Section 36 of the 1989 Act, to which the Scottish Borders Council has objected, remain 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 these three applications have been submitted to Scottish Ministers and their decision is awaited.

Local Development Plan 2: Main Issues Report 2018

As detailed in my September 2018 post, Scottish Borders Council approved the Main Issues Report (MIR) for the review of the Local Development Plan on 30 August 2018.  The MIR has now been published and is available online at www.scotborders.gov.uk/ldp2mir.  Hard copies are available to view at Council Headquarters at Newtown St. Boswells during normal office hours and at all Council Contact Centres and Libraries.  The public consultation period continues until 31 January 2019.

The MIR identifies the key development and land use issues which the new local development plan (LDP2) must address and sets out preferred options for tackling these issues.  Key issues include:

  • regeneration of town centres;
  • opportunities for growing the economy;
  • housing land provision;
  • employment land provision;
  • delivery of infrastructure;
  • delivering sustainability and addressing climate change; and
  • promotion of quality building design;

Public participation and community engagement is a key part of the development plan process.  The MIR and the accompanying Environmental Report has now been formally advertised in the local press and there will be wide consultation with all key agencies, neighbouring authorities and community councils, local organisations and businesses.  A programme of afternoon drop-in sessions and evening workshops has been organised across the Scottish Borders at the venues below:

  • Newcastleton, Village Hall: 13 November (drop-in session, 2.00-6.00pm);
  • Kelso, Sainsbury’s foyer: 15 November (drop-in session, 2.00-5.00pm);
  • Kelso, Town Hall: 15 November (workshop 6.00-8.00pm);
  • Selkirk, 1 Tower Street/pop-up shop: 19 November (drop-in session, 2.00-5.30pm);
  • Eyemouth, Co-op, High Street: 21 November (drop-in session, 2.00-5.00pm);
  • Eyemouth, Community Centre: 21 November (workshop, 6.00-8.00pm);
  • Peebles, Burgh Hall, High Street: 26 November (drop-in session, 2.00-5.00pm);
  • Peebles, Burgh Hall, High Street: 26 November (workshop, 6.00-8.00pm);
  • Duns, Council Chambers, Newtown Street: 27 November (drop-in session, 2.00-5.00pm);
  • Duns, Council Chambers, Newtown Street: 27 November (workshop, 6.00-8.00pm);
  • West Linton, Village Centre: 28 November (drop-in session, 2.00-6.00pm);
  • Galashiels, Tesco foyer: 29 November (drop-in session, 2.00-5.00pm);
  • Galashiels, Transport Interchange: 29 November (workshop, 6.00-8.00pm);
  • Newtown St. Boswells, Council Chambers, Council HQ: 12 December (workshop, 6.00-8.00pm);
  • Hawick, Morrisons foyer: 13 December (drop-in session, 2.00-5.00pm);
  • Hawick, Heritage Hub, Kirkstile: 13 December (workshop, 6.00-8.00pm);

No booking is required for the afternoon drop-in sessions but the council asks that people wishing to attend the evening workshops let the local plans team know by contacting localplan@scotborders.gov.uk or ringing 01835 826671.  Remember, if you don’t make your views known, they can’t be considered.

 

Development Management: October 2018 update

During October 2018, 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.  Amongst the applications submitted, perhaps the one to catch most public attention is the application by T.J. Morris Ltd (Home Bargains) for the change of use of the Homebase Store at Galalaw Business Park, Hawick to allow 30% of the floor space to be used for food retailing (SBC Ref: 18/01441/FUL).  The proposed development would create 50 full-time equivalent jobs compared with the 27 currently employed at the Homebase Store.  The application has already been welcomed by local councillors.  However, whilst the proposed development is likely to generate additional employment, it is unlikely to have any beneficial effect on the viability and vitality of Hawick town centre.  Also during October, an application was received for the demolition of the Armstrong’s (Almstrong’s) building, which once housed a valued department store on Oliver Crescent, and the erection of a replacement office building (SBR Refs: 18/01419/CON & 18/01420/FUL).  A perfect illustration of how the town centre is changing with the expansion of retailing on Commercial Road.

In Galashiels, an application has been received from Eildon Housing Association for further residential development, comprising 69 dwellinghouses, at Coopersknowe Crescent (SBC Ref: 18/01416/FUL).  The site lies on the western side of the Langshaw Road between the private housing development at Coopersknowe Crescent and the Langlee Industrial Estate and is comprised of the former Easter Langlee farm steading and surrounding agricultural land.  This application follows the submission of a Proposal of Application Notice in June 2018 and a programme of pre-application public consultation.  Objections to the proposal have already been submitted and it will be interesting to see how this development proposal is dealt with by the council.  Eildon Housing has also submitted a Proposal of Application Notice (PAN) for the redevelopment of the Earlston High School site for residential development (SBC Ref: 18/01493/PAN).  It is proposed to hold a community engagement event sometime between the 15th and 30th November in Earlston Church Hall.  The subject will also be discussed at Earlston Community Council meeting on the 15th November.  Watch out for further news and the advertisement in the local press.

In Melrose, an application has now been received for the erection of 26 dwellinghouses on land at The Croft, Dingleton Road (SBC Ref: 18/01385/FUL).  The site is allocated for housing in the Local Development Plan with a capacity for 25 houses.  A Proposal of Application Notice (PAN) was submitted by the developer, Rural Renaissance Ltd, in January 2018, and a public exhibition of the proposed development was held in Melrose Rugby Club (SBC Ref: 18/00016/PAN).  This site has a long history of planning proposals and, as predicted, this proposal has attracted a great deal of attention amongst the population of Melrose.  Particular concerns relate to the suitability of Dingleton Road to accept traffic from additional housing development and to the impact of any development on the character and landscape value of the Eildon Hills.  Objections have already been submitted and this application will no doubt be another test for the Planning and Building Standards Committee.

In Tweeddale, a re-application has been submitted by Border Mix for the erection of a storage and distribution building and an ancillary dwellinghouse on a site north east of the Old Creamery outside Dolphinton (SBC Ref: 18/01377/FUL).  A similar application was refused by the Planning and Building Standards Committee in August 2017 (SBC Ref: 17/00087/FUL).  Refusal was primarily based on the absence of an overriding economic and/or operational need.  Further information has now been produced to show that, given the absence of other suitable sites within the market area, the Dolphinton site remains the only viable option to accommodate the relocation of Border Mix from the present site, which is within an established residential area in Dolphinton.  Another application for the Planning and Building Standards Committee.

In Tweeddale, an application has also been submitted by the Tweedsmuir Community Company for alterations to the Crook Inn Hotel, Tweedsmuir, the change of use and alterations to an outbuilding to a café and office, the erection of a bunkhouse and a biomass boiler building (SBC Ref: 18/01342/FUL).  A very welcome proposal for this historic hostelry, which has lain empty and decaying for a number of years.

In Berwickshire, an interesting proposal in Eyemouth involves the demolition of the existing boatyard buildings and their replacement (SBC Refs: 18/01374/CON & 18/01372/FUL).  Boat building and repair has taken place on this site for almost 200 years.  Boat building no longer takes place in the yard and the decline in the fishing industry has seen the yard struggle to remain profitable.  The existing slipways do not have the height to accommodate the largest fishing vessels under cover and they have to be worked on outside, which limits certain work to the summer months when the boats are most active.  Redevelopment of the yard will raise the height of the three sheds on the site to allow the maintenance and painting of vessels indoors and at all times of year.

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 1 October, the Planning and Building Standards Committee granted planning permission for the erection of 57 dwellinghouses on the north side of Main Street, East End, Chirnside (SBC Ref: 18/00147/FUL).  The proposed development will comprise 100% affordable housing.  At its meeting on 10 October, the Local Review Body (LRB) reversed two decisions of its Chief Planning Officer to refuse planning permission for: (1) the erection of two glamping units for holiday let on land at Flatt Farm, Newcastleton (SBC Ref: 18/00686/FUL); and (2) the change of use of steading, alterations and extension to form a dwellinghouse at Billerwell Farm, Hawick (SBC Ref: 18/00745/FUL).  In the first case, the LRB supported the proposals which represented an expansion of an existing farm diversification business based on tourism.  In the second case, the LRB, on a vote of 5 members to 4 members, considered that the amended design for the proposed dwellinghouse was acceptable.  The LRB did, however, support the decision of the Chief Planning Officer to refuse planning permission in respect of the installation of replacement windows at 41 North Hermitage Street, Newcastleton (SBC Ref: 18/01039/FUL).  Members did not consider that the proposed uPVC top-hung windows were acceptable in Newcastleton Conservation Area.

During October, some 100 applications were dealt with by the Chief Planning Officer under delegated powers.  Only one application was refused: an application 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 existing uPVC shop front, which replaced a timber shop front, is the subject of enforcement action.  The current proposal seeks to replace the uPVC shop front with a timber frame painted white whilst the door and side panel would remain uPVC.  The Chief Planning Officer considers that, at this location within a conservation area, the whole of the shop front should be timber framed with a traditional timber door.

In Berwickshire, planning permissions have now been issued for the erection of a total of 75 dwellinghouses on land north-west of Springfield Avenue (SBC Ref: 17/00993/FUL & 18/00994/FUL).  Planning permission was granted in February 2018 subject to a section 75 agreement requiring the provision of a footpath link between the development site and Bridgend Place.  This agreement has now been finalised.  In Tweeddale, planning permission was granted for the development of up to 15 dwellinghouses on land south-west and south-east of Bowbank Cottages, Bellfield Road, Eddleston, subject to the improvement of the private road, which currently serves the site, up to adoptable standards and the improvement of the junction of Bellfield Road and the A703 (SBC Ref: 17/00767/PPP).

During October, the Planning and Environmental Appeals Division (DPEA) reached a decision on the appeal against the refusal of planning permission for a residential development at Marchmont Road, Greenlaw in Berwickshire (SBC Ref: 16/01360/PPP) (DPEA Ref: PPA-140-2059).  The Reporter in this case decided to allow the appeal and grant planning permission in principle subject to 11 conditions and to a planning obligation under section 75 of the Town and Country Planning (Scotland) Act 1997 in order to secure a contribution towards affordable housing.  In deciding to allow the appeal, the Reporter, on the basis of the housing land supply information submitted, considered that there was a shortfall in the requirement to maintain a five year effective housing land supply at all times and concluded that there were strong reasons why an exceptional approval should be granted.  Questions will be asked as to how the council carries out its audit of housing land and calculates the supply of effective housing land.  No doubt, these issues will to the fore in the review of the local development plan.

An appeal was submitted to the DPEA on 9 October 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 (DPEA Ref: ENA-140-2012).  Interested members of the public are entitled to make representations on the appeal until 6 November.

An appeal against the council’s refusal to issue a Certificate of Lawful Use of a property used in the past as a guest house, as a dwellinghouse, at Camptown, south of Jedburgh  remains to be determined (SBC Ref: 18/00849/CLEU) (DPEA Ref: CLUD-140-2002).  Three appeals remain to be determined against the refusal of planning permission: (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 erection of a poultry building at Hutton Hall Barns, Hutton in Berwickshire (DPEA Ref: PPA-140-2065); (3) for the erection of a poultry building at Easter Happrew in the Manor Valley, west of Peebles (DPEA Ref: PPA-140-2062).

The hearing session 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) was held on Wednesday 15 August in the Waverley Suite at the Transport Interchange, Galashiels.  The Reporter’s report and recommendations have been submitted to Scottish Ministers for their decision.

Three wind farm applications submitted to the Scottish Government under Section 36 of the 1989 Act, to which the Scottish Borders Council has objected, remain 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 these three applications have been submitted to Scottish Ministers and their decision is awaited.

 

Development Management: September 2018 update

During September 2018, the Scottish Borders Council received over 150 applications for planning permission and other consents, including listed building and conservation area consents and applications for works to protected trees.  There seems to be no end to the desire of wind farm operators to expand the number of wind turbines in the Scottish Borders; another wind farm proposal has been submitted for the Moorfoot Hills.  A Proposal of Application Notice (PAN) was submitted on 6 September for a wind farm of up to 9 turbines with tip heights up to 150 metres at Wull Muir, north of Carcant Lodge, near Heriot (SBC Ref: 18/01164/PAN).  An application for a Scoping Opinion on the same proposal was received on 24 September (SBC Ref: 18/01308/SCO).  In this case, the applicant has voluntarily decided to undertake an Environmental Impact Assessment (EIA) prior to the submission of an application and has formally requested the opinion of Scottish Borders Council on the Scoping Report, which sets out the matters that should be included in an EIA.  The Scoping Report provides an outline of the environmental receptors that the developer considers may be significantly affected by the proposed development and the application for a Scoping Opinion invites comments on the scope of the proposed EIA.

Bearing in mind the attitude of the council’s Planning and Building Standards Committee on the recent proposal for a wind farm at Gilston Farm, Heriot and to other proposed wind farms in the area, the Wull Muir proposal is unlikely to be received with much enthusiasm.  No doubt the proposal will figure on a future agenda of the Council’s Planning and Building Standards Committee.  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.

Whilst on the subject of wind farms, it will come as no surprise to see that the Planning and Building Standards Committee, at its meeting on 3 September, refused planning permission, against the Chief Planning Officer’s recommendation, 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).  This was a revised proposal, following the withdrawal of concerns expressed by the Ministry of Defence over possible interference with radar at RAF Spadeadam in Cumbria and seismic monitoring at Eskdalemuir, near Langholm.  However, although the Chief Planning Officer recommended approval, the Committee decided on a vote of 5 votes to 2 to refuse the application on the grounds that the proposal would have significant and adverse impacts and effects on the landscape.  Is another appeal to the Scottish Government likely?

On the subject of wind farm appeals, official figures from the Scottish Government’s Planning and Environmental Appeals Division show that, over the past 16 years, 250 wind turbine applications refused by Scottish Councils have been the subject of appeals to Scottish Ministers.  Of these 250 appeals, 104 (41.6%) were successful and planning permission was granted.  In the Scottish Borders, 9 of the 21 appeals dealt with were successful.

The Planning and Building Standards Committee at its meeting on 3 September granted listed building consent for the demolition of St. Aidan’s Church and Church Hall in Galashiels (SBC Ref: 18/00309/LBC).  Planning permission and listed building consent had been granted in October 2015 for the demolition of the church hall and the conversion of the church into eleven flats.  However, it was submitted that the repair and conversion of the church is not economically viable, the property has been marketed with no serious interest from prospective purchasers.  Unfortunately, it would appear that demolition and redevelopment is the only alternative!

At its meeting on 17 September, the Local Review Body (LRB) overturned the decision of its Chief Planning Officer to refuse planning permission for the change of use of 37 Bank Street, Galashiels from a shop to a mortgage advisers (SBC Ref: 18/00764/FUL; 18/00018/RREF).  The Chief Planning Officer had determined that the change of use was not permissible under the council’s recently approved Pilot Scheme because it offered an inactive frontage and low footfall.  The LRB considered that although the proposed use did not fall within the range of uses identified in the Pilot Scheme, the proposed business would complement other uses in Bank Street and would make a significant positive contribution to the viability of the town centre.  The Local Review Body also overturned the Chief Planning Officers decision to refuse planning permission for the change of use of 52 Bank Street, Galashiels to a tattoo studio (SBC Ref: 18/00398/FUL; 18/00020/RREF).  The LRB considered that, whilst the tattoo studio did not fall within the extended acceptable use categories listed in the Pilot Scheme, policy Ed4 of the approved LDP allows other uses where they make a demonstrable contribution to the retail function of the town centre.  In this instance, the LRB was satisfied that it had been demonstrated that the business would make a significant positive contribution to the town centre and that a sufficiently persuasive case had been made to allow the business.  It will be interesting to see how many more proposals for the change of use of retail premises to other uses come forward in the Galashiels Core Retail Activity Area and whether there is any significant measurable change in footfall or a reduction in vacancy rates as a result.

During September, some 100 applications were dealt with by the Chief Planning Officer under delegated powers.  In Berwickshire, planning permission was granted for the erection of 27 affordable dwellinghouses on a site off Station Road, Duns (SBC Ref: 18/00337/FUL) and for the erection of 25 dwellinghouses, a new village hall and formation of playing field on land south and west of Swinton Primary School (SBC Ref: 12/01488/PPP).  Three planning applications were refused: (1) an application for replacement windows on a property in North Hermitage Street, Newcastleton (SBC Ref: 18/00211/FUL); (2) an application for an isolated house in the countryside, near Chapel Farm, between Midlem and Lilliesleaf (SBC Ref: 18/00956/FUL); and (3) an application for a dwellinghouse on a site east of Keleden, Ednam (SBC Ref: [the Local Review Body granted planning permission in principle for a dwellinghouse on the site in July 2018 but the Chief Planning Officer considers that the layout, siting and orientation of the proposed building makes poor use of the plot and the size and scale of the proposed house is too large].

During September, the Planning and Environmental Appeals Division (DPEA) reached a decision on the appeal against the imposition of two conditions on the planning permission, granted on 26 March 2018, for the erection of two wind turbines on land at No. 6 Lamberton Holdings in Berwickshire.  The appealed conditions relate to the requirement to decommission and remove the turbines within 25 years (SBC Ref: 17/01348/FUL) (DPEA Ref: PPA-140-2071).  The Reporter decided to vary the appealed conditions and, given the scale and location of the proposed foundations, deleted the requirement to remove the foundations and restore the site to its original condition when electricity generation ceases.

An appeal against the council’s refusal to issue a Certificate of Lawful Use of a property used in the past as a guest house, as a dwellinghouse, at Camptown, south of Jedburgh was submitted on 25 September 2018 (DPEA Ref: CLUD-140-2002).  An interesting case for the DPEA!

Four appeals remain to be determined against the refusal of planning permission: (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 erection of a poultry building at Hutton Hall Barns, Hutton in Berwickshire (DPEA Ref: PPA-140-2065); (3) for the erection of a poultry building at Easter Happrew in the Manor Valley, west of Peebles (DPEA Ref: PPA-140-2062); and (4) a residential development of 38 dwellings at Marchmont Road, Greenlaw in Berwickshire (DPEA Ref: PPA-140-2059).

The hearing session 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) was held on Wednesday 15 August in the Waverley Suite at the Transport Interchange, Galashiels.  It is expected that the Reporter’s report and recommendations will be submitted to Scottish Ministers in October.

Three wind farm applications submitted to the Scottish Government under Section 36 of the 1989 Act, to which the Scottish Borders Council has objected, remain 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 have been submitted to Scottish Ministers and their decision is awaited.  The Reporter dealing with the Birneyknowe wind farm application submitted his report to Scottish Ministers on 5 September 2018.

 

Local Biodiversity Action Plan (LBAP): September 2018

The council’s Local Biodiversity Action Plan (LBAP) was adopted, originally, in 2001 and has been updated by a series of Habitat Action Plans produced between 2003 and 2010.  The LBAP forms the basis for the council’s Supplementary Planning Guidance for Biodiversity, approved in November 2006, and provides guidance on the implementation of policy EP3: Local Biodiversity, in the adopted Local Development Plan.  An updated LBAP, which has been prepared to take account of changes in national policy, was approved by the Planning and Building Standards Committee of Scottish Borders Council on 3 September 2018.

The updated LBAP is organised around the priority themes of the Scottish Biodiversity Strategy (SBS), which was amended in 2013 in response to both the UN Convention on Biological Diversity targets set in 2010, to halt biodiversity loss and restore the natural environment to health, and the EU Biodiversity Strategy for 2020.  The SBS themes outline six steps for nature to achieve the 2020 challenge:

  • Ecosystem restoration;
  • Investment in natural capital;
  • Quality greenspace for health and education benefits;
  • Conserving wildlife in Scotland;
  • Sustainable management of land and freshwater; and
  • Sustainable management of marine and coastal ecosystems.

The updated LBAP takes account of the challenge of climate change, which may disrupt our ecosystems and their ability to provide beneficial services such as water flow regulation to reduce flooding, improvement to water quality, sequestration of carbon on peatlands and woodlands and pollinating services to help food production.  The LBAP seeks to help address the key pressures identified in the SBS: pollution, land use intensification and modification, spread of invasive species and wildlife disease, lack of recognition of the value of nature, disconnection with nature and marine exploitation.  A set of actions has been developed focussed around the six themes set out in the SBS, for delivery within the period 2018-2028 with some actions prioritised for delivery within 5 years.  By updating the LBAP, the council hopes to demonstrate that it is seeking to put in place good practice, working with its partners, to meet its duties in relation to biodiversity and climate change.  The updated LBAP will provide up-to-date and relevant guidance on how ecosystems can be valued and assessed as part of policy development in the local development plan.

The updated LBAP will be the subject of public consultation in parallel with the consultations on the recently approved Main Issues Report (MIR) prepared to identify the key issues to be addressed in the new local development plan LDP2).  The updated LBAP will ultimately form proposed Supplementary Guidance in the new local development plan (LDP2).  Biodiversity may seem, to many, to be a rather bewildering subject but protecting and maintaining the natural environment, habitats and wildlife is essential for our future on planet earth.  We can all play our part so get involved in the forthcoming discussions on the Local Biodiversity Action Plan (LBAP).

Local Development Plan 2: Main Issues Report, September 2018

Scottish Borders Council approved the Main Issues Report (MIR) for the review of the Local Development Plan on 30 August 2018.  The new Local Development Plan (LDP2) will replace the adopted Local Development Plan 2016.  It will guide future development for the period 2021 to 2026.  The MIR is not a draft version of the LDP2 but a consultation document which sets out the key issues for consideration.  It draws together the findings of the Call for Sites from potential developers, the results of a number of public events and workshops held in 2017, and consultations with statutory bodies and other council departments.  It takes account of national planning requirements and the strategy and policies in the latest Strategic Development Plan (SESplan2), which has recently been the subject of Examination by Reporters from the Scottish Government’s Planning and Environmental Appeals Division (DPEA).  Their recommendations have been submitted to Scottish Ministers and a decision on their recommendations is expected by the end of 2018.

The Main Issues Report (MIR) focusses on the issues to be addressed in the new local development plan and sets out the council’s proposed and alternative approaches to planning and development under the following headings:

  • Vision, aims and spatial strategy;
  • Growing the economy;
  • Planning for housing;
  • Supporting town centres
  • Delivering sustainability and climate change agenda;
  • Regeneration
  • Settlement maps and
  • Planning policy issues.

According to the MIR, the population of the Scottish Borders will increase from an estimated 115,020 in 2017 to 116,777 by 2026.  There will be a marked increase in the proportion of the population over 65 years old, with a 31% increase in the number of people aged 75 and older, which will have an increasing impact on health, housing and social care provision.  Based on the population projections, additional housing will be required to address the needs of the older population and the growth in smaller households (those of one or two persons).

The main employment sectors in the Scottish Borders are health and social work, retail, construction, education, agriculture, manufacturing, tourism and public administration.  The Scottish Borders continues to rely on traditional rural activities focussed on agriculture, forestry and fishing.  In terms of industrial activity, there is an adequate supply of employment land in most parts of the Scottish Borders but there is a continued low take-up through development.  Nevertheless, there is a recognised need to allocate further employment land within the Peebles area and in Galashiels.  The provision of high amenity business land in the Central Borders is seen as essential to capitalise on the investment in the Borders Railway.  The council continues to support the promotion of the line extending to Carlisle as well as an improved service for Berwickshire with a rail halt at Reston.  In addition to transport, digital connectivity remains vital to the future development of the Borders and it is critical that the region benefits from maximising the provision of Full Fibre Connectivity to businesses and the wider community.

The role of town centres is changing and vacancy rates continue to increase.  In the Scottish Borders, retail vacancy rates and performance are patchy.  Measures need to be considered to keep town centres in the Scottish Borders viable and vibrant.

Infrastructure provision will be required to enable future development.  New housing allocations can also put a strain on education provision.  However, given the limited number of additional houses required within the LDP2 period, it is not envisaged that this should be an insurmountable problem, except perhaps in the Peebles catchment.

Delivering sustainable development and ensuring a high quality of design for all developments are key requirements of Scottish Planning Policy and the LDP2 must reflect these requirements.  LDP2 must also promote a low carbon future and help the Scottish Government achieve climate change targets.  It must promote economic stability and growth whilst protecting the built and natural intrinsic values of the Scottish Borders.

The Strategic Development Plan (SESPlan) requires strategic growth in the Scottish Borders to be directed to three growth areas: the Central Borders, the Western Borders (centred on Peebles) and Berwickshire.  The Central Borders growth area focusses on Galashiels, Melrose, Earlston, Kelso, Jedburgh, Hawick and Selkirk.  It is the primary area for growth within the Scottish Borders; it is at the centre of the roads network and served by the Borders railway.  In the Western Borders, Peebles is attractive to prospective house builders but potential flood risk issues and the need for a second bridge over the River Tweed prior to any further land being released for housing on the south side of the river, limit options for development.  In Berwickshire, growth is focussed on Duns and Eyemouth.

In relation to growing the economy, the Blueprint for the Border Railway seeks to maximise employment opportunities along the railway corridor.  A masterplan has been prepared for Tweedbank, including the Lowood Estate, which offers a range of development opportunities.  A masterplan has also been prepared for Galashiels town centre, which outlines a number of potential redevelopment opportunities.  The Hawick Action Plan identifies a range of opportunities to develop and improve Hawick as a place for working, living and visiting.  One of the main challenges is to find new employment land for business and industry in the vicinity of Peebles because of topographical constraints, flood risk issues, traffic congestion issues and the need for a new bridge to allow development south of the Tweed.  An independent study has identified site options which are set out in the MIR.

Public engagement is a key part of the development plan process.  The MIR and the accompanying Environmental Report will be formally advertised in the local press and will be made available for a consultation period of 12 weeks.  It will be placed on the council’s website and made available for inspection at all public libraries and council Contact Centres.  There will be wide consultation with all key agencies, neighbouring authorities and community councils, local organisations and businesses.  It is proposed to hold a series of ‘public surgeries’, which will include an exhibition, across the Scottish Borders.

So keep an eye out for the announcements (and follow this website).  Remember, if you don’t make your views known, they can’t be considered.

It will be the autumn of 2019 before the proposed new local development plan (LDP2) is completed.  It will then be the subject of consultation before submission to Scottish Ministers.  Any unresolved representations will be the subject of Examination by a Scottish Government Reporter from the Planning and Environmental Appeals Division (DPEA), probably during the summer of 2020.  The conclusions and recommendations of the Reporter must be taken into account before the local development plan is adopted by Scottish Borders Council.  It is anticipated that the new Local Development Plan (LDP2) will be adopted by the summer of 2021.  Once adopted, LDP2 will replace the current Local Development Plan, adopted on 12 May 2016.

Development Management: August 2018 update

During August 2018, the Scottish Borders Council received 121 applications for planning permission and other consents, including listed building and conservation area consents and applications for works to protected trees.  Two applications for residential development in Peebles have already generated a number of objections/comments from neighbouring residents; the erection of two blocks of flats comprising 40 residential units at Tweedbridge Court (SBC Ref: 18/01086/FUL) and the erection of 71 dwellinghouses on land south of the South Park Industrial Estate (SBC Ref: 18/01026/FUL).

The proposal for affordable housing by Eildon Housing Association at Tweedbridge Court occupies the site of the former Blackwood Housing sheltered housing scheme.  The proposal to erect two four-storey blocks of flats on the banks of the Tweed is causing some concern about the impact of the development on the iconic view from the Tweed Bridge.  Watch this space.

The site of the proposed 71 dwellinghouses by Persimmon Homes is allocated for 50 residential units in the local development plan.  It was the subject of a Proposal of Application Notice in April 2017 (SBC Ref: 17/00587/PAN).  No details of the proposal were submitted with the PAN, which intimated that details of the proposed development would be available at a forthcoming public consultation event but no date, time or location for the event was provided.  The pre-application consultation event proposed in the PAN did not take place until 10 July 2018 (publicised in the Peeblesshire News on 29 June 2018) more than a year after the submission of the PAN.  The subsequent planning application was submitted on 6 August 2018.  A number of concerns have already been raised by the local community, in particular, to the increased number of houses proposed and the suitability of Tweed Bridge and Caledonian Road to accept any further housing in this area south of the river.

This application is a perfect illustration of the uncertainties surrounding the Proposal of Application Notice procedure for large-scale developments.  As related in my March 2018 Development Management update, according to the Scottish Government’s Planning Circular 3/2013 on Development Management Procedures, a Proposal of Application Notice must contain an account of what consultations the applicant intends to undertake, when such consultation is to take place, with whom and what form it will take.  The Scottish Government wishes to encourage improved trust and open, positive working relationships from the earliest stages in the planning process and to provide, where possible, an early opportunity for community views to be reflected in proposals.  The purpose of pre-application consultation is, therefore, to improve the quality of applications, mitigate negative impacts where possible, address misunderstandings, and air and deal with any community issues that can be tackled so that the proposals benefit from that engagement and assist the efficient consideration of applications once submitted.

However, as in this case, some applicants are somewhat reticent in providing all the information required by the Regulations and PANs fail to specify when and where the required public event is to take place but leave it flexible.  A notice of the proposed public event must also be published in a local newspaper circulating in the locality at least 7 days before the holding of the public event and, as in this instance, this was the first intimation of the precise date, time and location, of the proposed public event.  Consequently, one has to question whether the public have had sufficient opportunity to engage with the developer and also the extent to which community views have been taken into account in framing the proposals when the planning application was submitted less than a month after the public event.

No doubt, both these proposals will figure on a future agenda of the Council’s Planning and Building Standards Committee.  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.

There were no meetings of the Planning and Buildings Standards Committee or the Local Review Body in August but some 114 applications were dealt with by the Chief Planning Officer under delegated powers.  Seven applications were refused; six applications for planning permission and a retrospective advertisement application:

  • Erection of two dwellinghouses at Stainie Brae, Lower Greenhill, Selkirk (SBC Ref: 18/00832/PPP);
  • Erection of dwellinghouse at Ladywood, Lower Greenhill, Selkirk (SBC Ref: 00929/PPP);
  • Change of use of a shop to a mortgage advisers at 37 Bank Street, Galashiels (SBC Ref: 00764/FUL);
  • Change of use and alterations of a steading to form a dwellinghouse at Billerwell Farm, Hawick (SBC Ref: 18/00745/FUL);
  • Alterations and extensions to the property ‘Rockmount’ at Mountain Cross, Peeblesshire (SBC Ref: 18/00711/FUL); and
  • Siting of a cabin for holiday let on land at Meadshaw Farmhouse, Hawick (SBC Ref: 18/00724/FUL).
  • Advanced sign for Woll Golf Course at main crossroads in Ashkirk village (SBC Ref: 18/00916/ADV);

Although the Planning and Buildings Standards Committee agreed on 16 July to the relaxation of its Town Centre Core Activity Area Policy as it applies to Galashiels for a period of one year (see post on ‘Town Centre Policy: Amendments to practice for processing planning applications, July 2018’), the Chief Planning Officer decided on 2 August 2018 that the change of use of 37 Bank Street from a shop to a mortgage advisers was not permissible under the Pilot Scheme because it offered an inactive frontage and low footfall.  An appeal to the Local Review Body would make for an interesting discussion.

In relation to appeals received by the Scottish Government’s Planning and Environmental Appeals Division (DPEA), it is worth pointing out (because such appeals are relatively scarce) that an appeal was submitted on 13 August against the refusal of works to trees at Glenkinnon Wood in the Tweed Valley near Peel, Clovenfords (DPEA Ref: TWC-140-1; BRC Ref: 18/0621/TPO).  Tree works applications make up a significant proportion of applications to the Planning Department and this may not be the first refusal of Tree Works Consent issued by the Chief Planning Officer but it certainly was the first Tree Works Consent appeal in the Scottish Borders.  However, I shall not be able to report on its outcome for the appeal was quickly withdrawn on 23 August, ten days after it was submitted!

During August, the Planning and Environmental Appeals Division (DPEA) reached a decision on the appeal against the construction of a wind farm comprising 12 turbines at Pines Burn, south west of Hobkirk (SBC Ref: 17/00010/FUL) (DPEA Ref: PPA-140-2069).  Much to the ire of the local community, this appeal has been upheld and planning permission has been granted subject to 35 conditions.  In granting planning permission, the Reporter concluded that, although the proposed development would have localised and limited impacts on landscape and visual amenity and on archaeological assets, cumulative visual impacts would not be sufficient to reject the proposal.  He also considered that whilst there would be impacts on the amenity of nearby residential properties, these would not be to an extent which would breach the test which has been applied by Scottish Ministers in a similar case.  He was not persuaded by the evidence relating to the adverse effects of the development on tourism in this part of the Borders or specific tourism businesses.  He considered that other potential impacts could be appropriately managed through planning conditions and other control regimes.  In relation to the campaign for a Scottish Borders National Park, he attached little weight to this possible development, which is in the very early stages of investigation.

Five other appeals remain to be decided by the DPEA: one appeal is against the imposition of two conditions to a planning permission, granted by the council on 26 March 2018, for the erection of two wind turbines on land at No. 6 Lamberton Holdings in Berwickshire.  The appealed conditions relate to the requirement to decommission and remove the turbines within 25 years (SBC Ref: 17/01348/FUL) (DPEA Ref: PPA-140-2071).  The site inspection is programmed for the 12 September 2018.

Four appeals remain to be determined against the refusal of planning permission: (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 erection of a poultry building at Hutton Hall Barns, Hutton in Berwickshire (DPEA Ref: PPA-140-2065); (3) for the erection of a poultry building at Easter Happrew in the Manor Valley, west of Peebles (DPEA Ref: PPA-140-2062); and (4) a residential development of 38 dwellings at Marchmont Road, Greenlaw in Berwickshire (DPEA Ref: PPA-140-2059).

The hearing session 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) was held on Wednesday 15 August in the Waverley Suite at the Transport Interchange, Galashiels.

Three wind farm applications submitted to the Scottish Government under Section 36 of the 1989 Act, to which the Scottish Borders Council has objected, remain 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 have been submitted to Scottish Ministers and their decision is awaited.  The Reporter dealing with the Birneyknowe wind farm application hopes to be in a position to submit his report to Ministers during September.