Development Management: June 2019 update

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

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

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

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

Check out the council’s Public Access Portal if you want to find out more about the above applications or any other application submitted in the past month.

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

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

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

In relation to appeals to the Scottish Government, the appeal in relation to the serving of an Amenity Notice for the removal of two shed structures, a van and various items from land west of Gallowberry Bank, Blyth Bridge, near West Linton in Peeblesshire was dismissed on 19 June (SBC Ref: 15/00045/UNDEV: DPEA Ref: ANA-140-2004).  As expected, an appeal has been submitted in relation to the council’s refusal of a request to issue a Certificate of Lawful Existing Use in relation to the residential use of the property ‘Glenacre’ at Camptown, south of Jedburgh (SBC Ref: 19/00339/CLEU; DPEA Ref: CLUD-140-2003).

Three other appeals remain outstanding: (i) an appeal against the refusal of planning permission for two blocks of residential flats, comprising 40 units, at Tweedbridge Court, Peebles, a proposal by Eildon Housing Association (DPEA Ref: PPA-140-2076); (ii) an appeal in relation to the proposal, also by Eildon Housing Association, for the erection of 69 dwelling units at Coopersknowe, Galashiels (DPEA Ref: PPA-140-2075) and (iii) the long-standing appeal against the refusal of planning permission for the construction of a wind farm comprising 7 turbines up to 132 metres high to tip height on land at Barrel Law, north west of Roberton (DPEA Ref: PPA-140-2072).  A hearing into certain aspects of this appeal is to be held on 6 August in the Forman Hall, Roberton, commencing at 10.00am.

Two wind farm applications submitted to the Scottish Government under Section 36 of the 1989 Act, to which the Scottish Borders Council has also objected, remain outstanding: (1) the application for a 12 turbine extension to the existing Fallago Rig wind farm in the Lammermuir Hills; and (2) the application to extend the operational life of the existing Fallago Rig wind farm to coincide with that of the extension (if approved) (DPEA case references WIN-140-5 & WIN-140-6).  The reports on these appeals have been with Scottish Ministers since July last year (2018).

 

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).

 

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).

 

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).

 

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).

 

Development Management: New Year 2019

During the calendar year 2018, the Scottish Borders Council received and determined almost 1600 applications for planning permission and other consents, including listed building and conservation area consents (146) and applications for works to trees (76).  Of these applications, only some 58 were refused consent (3.6%), which is a much lower percentage than previous years.  Half of the 56 planning applications refused by the Chief Planning Officer under delegated powers were submitted for review to the Local Review Body (LRB).  During 2018, the LRB considered some 29 refusals of planning permission and decided to reverse the decision of the Chief Planning Officer, and grant planning permission, in 16 cases.  Of the 35 planning applications considered by the Planning and Building Standards Committee, only two were refused:  an application for the erection of 4 dwellinghouses at Elders Yard, Newtown St. Boswells (SBC Ref: 17/01342/PPP); and a wind farm at Barrel Law, Selkirk (SBC Ref: 17/01255/FUL).  Both refusals were the subject of appeals to Scottish Ministers; the former appeal was allowed and planning permission granted for the erection of the dwellinghouses, the latter appeal remains to be determined.

During 2018, a total of 12 appeals were submitted to the Scottish Government’s Planning and Environmental Appeals Division (DPEA); four planning appeals, three enforcement notice appeals, two amenity notice appeals, one conservation area consent appeal, one tree works appeal and one appeal against the refusal to issue a certificate of lawful use.  Of the four planning appeals, two were upheld and planning permission granted (DPEA Refs: PPA-140-2070 & PPA-140-271), and two remain to be determined (PPA-140-2072 & PPA-140-2074). Two of the three enforcement notice appeals were dismissed (ENA-140-2011 & ENA-140-2012), one remains to be determined (ENA-140-2013).  One amenity notice appeal was dismissed (ANA-140-2000) and the other remains to be determined (ANA-140-2001).  The appeal against the refusal to issue of a certificate of lawful use was dismissed (CLUD-140-2002); the conservation area consent and tree works appeals remain to be determined (CAC-140-2000 & TWCA-140-2).

Planning applications must be determined in accordance with the development plan unless other material considerations suggest otherwise.  In the Scottish Borders, the development plan comprises the approved Strategic Development Plan for South-East Scotland 2013 (SESPlan) and the adopted Scottish Borders Local Development Plan 2016.  The Proposed Strategic Development Plan for South-East Scotland, SESPlan2, was submitted to Scottish Ministers in June 2017.  The Examination of SESPlan2 was completed by Reporters appointed by Scottish Ministers in May 2018 and their report was submitted to Scottish Ministers on 20 July 2018.  The response of the Scottish Ministers is awaited.  The Main Issues Report (MIR) relating to the replacement Scottish Borders Local Development Plan (LDP2) was published in November 2018 and was the subject of wide consultation, including a programme of afternoon drop-in sessions and evening workshops held across the Scottish Borders during November and December 2018.  The public consultation period ended on 31 January 2019 and the council anticipates that the local development plan LDP2 will be submitted to the council for approval in the autumn of 2019, following which the local development plan will be the subject of consultation and examination during 2020.  It is likely to be the Spring of 2021 before LDP2 is adopted and replaces the existing local development plan.

 

Development Management: January 2019 Update

During January 2019, the Scottish Borders Council received over 130 applications for planning permission and other consents, including listed building and conservation area consents and applications for works to protected trees.  A planning application has now been received from Hart Builders on behalf of Eildon Housing Association for the redevelopment of the former Earlston High School site (SBC Ref: 19/00090/FUL).  The proposal involves the construction of 64 affordable homes at an estimated cost of £9.2m, part funded by a £5.2m social housing grant from the Scottish Government.  It comprises a mix of two, three and four bedroom houses.  Following the submission of a Proposal of Application Notice in October last year for residential development, a community engagement event was held in the Church Hall on 4 December 2018, attended by only 19 people.  The biggest concerns related to the potential increase in traffic on the High Street, which can be congested at certain times, and the possible use of the road through the development as a short-cut.  Consequently, the layout has been designed to discourage vehicles travelling through the development as an alternative to the High Street.  Pedestrian routes through the development would provide a safer route from the centre of Earlston to the new High School.

In Selkirk, Rural Renaissance, the contracting arm of J.S. Crawford, Builders, has submitted a planning application for 13 detached houses on a site at Hillside Terrace adjacent to the A7 and adjoining the town’s tennis courts (SBC Ref: 19/00074/FUL).  The site is allocated for residential use in the adopted local development plan.  Concerns have already been raised, however, about the desirability of creating a new access to residential development on this part of the A7.  Nevertheless, Transport Scotland, the Trunk Roads Authority, does not oppose the proposed access if designed and constructed to meet its requirements.  The proposal by Rural Renaissance Ltd for 26 dwellinghouses on land at The Croft, Dingleton Road, Melrose remains to be decided (SBC Ref: 18/01385/FUL).

In Berwickshire, a proposal for the erection of 51 affordable dwellinghouses by Berwickshire Housing Association on land south and west of Ayton Primary School on Beanburn, Ayton is causing a stir (SBC Ref: 18/01812/FUL).  The proposed development was the subject of a Proposal of Application Notice in July 2018 when two public consultation events were held in the primary school, attended by some 80 people.  Particular concerns were raised in relation to increased traffic on Beanburn Road and Lawfield Drive, the potential for increased flooding of adjoining houses and the impact of the development on the amenity of nearby houses.  The site is allocated for housing in the adopted local development plan but a number of objections have already been submitted in relation to the planning application, so this application will be one to watch out for at a future 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.

During January, some 100 planning applications have been determined by the Chief Planning Officer under delegated powers.  In Hawick, planning permission was granted, as expected, to 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).  According to the agents, acting on behalf of T.J. Morris: “The proposed development will improve choice for consumers, whilst complementing the existing offer within the town centre”.  Will it enhance the viability and vitality of Hawick town centre, I wonder!  Planning permission has been granted, after a 16 months delay, for the erection of ten retirement homes on the site of the former West Linton Primary School (SBC Ref: 16/01217/FUL).  A legal agreement will ensure that, at least initially, the houses will be occupied by those of retirement age.

Only three planning applications were refused: (1) a proposal to amend the design of an approved proposed house on land at Ruthven House, Coldstream on the grounds that the design and scale of the house does not respect the character and appearance of surrounding properties (SBC Ref: 18/01602/FUL); (2) a proposal for a new dwellinghouse on land east of Tarf House, Cardrona, Peeblesshire on the grounds that it does not comply with the council’s housing in the countryside policy (SBC Ref: 18/00884/PPP); and (3) a proposal to replace timber sash-and-case windows on the front elevation of the property Sunnybrae, which is within the Core Area of the Midlem Conservation Area, near Selkirk, with uPVC framed sliding sash-and-case units (SBC Ref: 18/01462/FUL).

On the 7 January, the Planning and Building Standards Committee granted planning permission for the erection of 64 affordable dwellings on land north of Sergeants Park, Newtown St. Boswells notwithstanding the receipt of a considerable number of objections from neighbouring residents and the community council (18/00486/FUL).  On 21 January, the Local Review Body (LRB) reversed the decision of the Chief Planning Officer to refuse planning permission for the erection of a dwellinghouse at Linthill, Lilliesleaf, by Melrose (SBC Ref: 18/01332/PPP).  By a vote of six to one, the LRB considered that the proposal related to an established building group.  The applicant for a house on land near Tarf House, West Linton, was not so fortunate however (SBC Ref: 18/01341/PPP).  In that case, the LRB agreed with the Chief Planning Officer that the proposal amounted to sporadic residential development in the countryside unrelated to a building group and upheld the decision of the Chief Planning Officer to refuse planning permission.

As announced in the Tweedbank Development update (December 2018), Scottish Borders Council has acquired the remaining part of Lowood Estate, Tweedbank, an area extending to some 45 hectares (110 acres) between the Waverley railway line and the River Tweed.  The area is identified for a mix of residential and business development in the adopted local development plan, with the potential for some 300 houses and land for new business development.  At its meeting on 31 January, the Council agreed to submit the business case for the refurbishment of the existing Tweedbank Industrial Estate, at a cost of £15m, to the Scottish Government as part of the Edinburgh and South East Scotland City Region Deal.  The first phase of development will create 4,660m² of new office space and 2,950m² of new industrial space on three sites (the ex-tapestry site, Eildon Mill and part of the Quarry site); the second phase will create up to 5,177m² of new office space on the rest of the Quarry site and the third phase will create 1,632m² of new office space and 400m² of industrial space on the southern edge of the Lowood Estate.  The whole programme will be completed over the 15 year life of the City Region Deal.  Meanwhile, 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 ( originally identified for a B&Q warehouse) at Tweedbank Industrial Estate (SBC Ref: 18/01520/FUL) remains to be determined.  To date, the application has been the subject of a number of objections as well as supporting comments.  It will be interesting to see how the Planning and Building Standards Committee views this proposal against its vision for Tweedbank Industrial Estate and Business Park.

On 7 January 2019, the Scottish Ministers accepted the Reporter’s recommendation that planning permission should be granted, subject to 16conditions, to the application by Eildon Housing Association for residential development at Huddersfield Street, Galashiels, which was called-in for determination in view of the possible flood risk (SBC Ref: 17/00695/FUL) (DPEA Ref: NA-SBD-054).  The Reporter was satisfied that, whilst the cycle storage area and most of the car park was at risk of flooding, there was no reason why the building containing the residential accommodation could not be designed and constructed so as to be undamaged by any predicted flood event.

On 24 January, the Scottish Government’s Planning and Environmental Appeals Division (DPEA) dismissed 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).

As previously indicated, appeals have been submitted 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 will carry out an accompanied inspection of the site and surrounding area on Tuesday 5 February 2019 at 2.00pm.

Appeals remain outstanding 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: ANAA-140-2001); and 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).  Two appeals against the refusal of planning permission remain to be determined: (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 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).  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 also remains to be determined (SBC Ref: 18/01057/TPO) (DPEA Ref: TWCA-140-2).

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).