Development Planning Update: June 2019

Scottish Borders Council updates its Development Plan Scheme annually.  Its latest update was considered at the Council meeting on 28 March 2019.  The update confirms that preparation of the new Scottish Borders Local Development Plan (LDP2) is well under way.  The Main Issues Report (MIR), an important stage in the preparation of a local development plan, was the subject of a 12 week consultation period that closed on 31 January 2019 and in excess of 300 consultation responses were received.  The update points out that ‘It is important that the council now moves swiftly in the preparation of the Proposed Plan to ensure the Scottish Borders maintains an up-to-date Development Plan’.  It suggests that the Proposed LDP2 would be published towards the end of 2019 with formal consultation during the winter of 2019/2020.  Unfortunately, this update was written and presented to the council before the decision of the Scottish Ministers, in May 2019, to reject the Strategic Development Plan (SDP), SESplan2, with which the Proposed LDP2 must comply.

 At the time the MIR was finalised, the decision of Scottish Ministers on SESplan2 was still awaited.  The MIR was prepared to reflect the key objectives of the proposed SDP and stated that the Proposed LDP2 would take account of the provisions of SESplan2 and any amendments made by Scottish Ministers.  The Scottish Ministers decision to reject the proposed SDP has major implications for the progress of the Proposed LDP2 and for the local development plans of the other planning authorities within the SESplan area.  Any delay will affect the statutory requirement of planning authorities to produce adopted local development plans within a 5-year cycle [SBC’s existing local development plan was adopted in May 2016].  The planning authorities within the SESplan area are currently discussing this matter and seeking guidance as to how this matter should be resolved.

There is, therefore, some uncertainty as to when the Proposed LDP2 will be presented to the council for approval.  In the meantime, a report on the outcome of the public consultation on the MIR during the period November 2018 to January 2019 was presented to the council on 26 June.  This lengthy report details the representations received and the wide range of opinions expressed.  The highest number of objections related to proposals in Peeblesshire, particularly those for Peebles and Eshiels.  Opposition was also made to proposed housing sites at Netherbarns, Galashiels; Harmony Hall in Melrose; on land south of Darnlee in Darnick; and to sites in Ednam, near Kelso and Eddleston in Peeblesshire.  Some representations suggested that existing undeveloped sites allocated in the adopted local development plan should be removed from the new local development plan.  On the other side of the coin, 43 new sites were suggested by third parties for inclusion in the local development plan.  These sites are currently being examined.

Clearly, officers of the council will be continuing to progress the proposed LDP2 but it is a matter of conjecture as to when the Proposed LDP2 will be submitted to the council for approval.  Scottish Ministers have certainly put ‘the cat amongst the pigeons!’  What must be of most concern for the council is the fact that the Planning Bill, passed by Scottish Ministers on 21 June and expected to receive Royal Assent and pass into law by mid-July, in an effort to simplify the development planning process, abolishes strategic development plans (SDPs) and replaces them with regional spatial strategies (RSS), a long-term spatial strategy document.  Unlike SDPs, the RSS will not form part of the development plan.  LDPs must, however, take into account matters such as housing need, the availability of housing land, and the health and education needs of the local population.  Furthermore, before preparing a LDP, planning authorities must invite local communities to prepare a Local Place Plan (LPP) setting out their priorities for the development and use of land in the local area.  The LPP will not form part of the development plan but must be taken into account by the planning authority in the preparation of the LDP.

So, Scottish Borders Council will have a lot to think about in the forthcoming months and years.  How long will it take for the planning authorities in south-east Scotland to produce a regional spatial strategy (RSS)?  Can and will SBC progress its LDP2 in advance of the preparation of a RSS for south-east Scotland.  Will any LPPs be produced in advance of the finalisation of the Proposed LDP2 or will they have to wait until the next local development plan.  Watch this space!

 

Strategic Development Plan (SESplan 2) Update: May 2019

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

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

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

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

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

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

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

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

 

Development Management: 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 Planning update: December 2018

The Planning (Scotland) Bill introduced to the Scottish Parliament on 4 December 2017 sets out the Scottish Government’s proposals for changes to the overall framework under which planning operates.  The Bill seeks to re-focus the planning system on enhancing community engagement and reducing and simplifying procedures and processes.  Key proposals include:

  • Abolition of strategic development plans, with the national planning framework forming part of the development plan;
  • Abolition of statutory supplementary planning guidance;
  • Local development plans to be in place for a period of 10 years rather than 5 years, with the right to amend them during that time;
  • Scottish Planning Policy to be incorporated into the national planning framework, to be reviewed every 10 years;
  • Creation of Local Place Plans produced by a community body; and
  • Compulsory training for councillors discharging planning duties.

The Bill does not include any reference to third party appeals.  There has been a long-running campaign for the introduction of a limited third party right of appeal where those who have objected to a proposal that has been granted planning permission can request a review of the decision.  However, Scottish Ministers are opposed to the creation of a third party right of appeal.

Stage 2 of the Planning Bill’s scrutiny in the Scottish Parliament concluded on 14 November.  Over 300 amendments were voted on by the Local Government and Communities Committee.  Amendments have been made to the definition of the ‘purpose of planning’ to read “to manage the development and use of land in the best long term public interest and a statutory post of “Chief Planning Officer” has been introduced for all Scottish planning authorities.  However, several areas of the Bill remain unclear: Strategic Development Plans have been retained, to be prepared on a 5 year cycle whilst Local Development Plans and the National Planning Framework will be on a 10 year cycle.  Interestingly, compulsory training for councillors discharging planning duties has been removed, as have all the provisions relating to planning performance.  No amendments attempting to change the planning appeals system were successful.

Stage 3 of consideration of the Bill will commence early in 2019.  Stage 3 is the final stage and further Amendments may be tabled but the Presiding Officer of the Parliament has discretion to decide which, if any, are admissible.  Issues that have been debated and concluded are unlikely to be considered again.  At the conclusion of stage 3, Parliament will vote on the Bill.

The Proposed Strategic Development Plan for South-East Scotland, SESPlan, was submitted to Scottish Ministers in June 2017.  The Examination of the Proposed Strategic Development Plan was completed by Reporters appointed by Scottish Ministers in May 2018 and their report was submitted to Scottish Ministers on 20 July 2018.  It was published on the DPEA website on 24 July.  The Reporters considered twenty-five unresolved issues and have recommended a number of modifications to the Plan.  The response of the Scottish Ministers is awaited.

The Main Issues Report (MIR) relating to the new Scottish Borders Local Development Plan (LDP2) was published in November 2018 and has been the subject of wide consultation, including a programme of afternoon drop-in sessions and evening workshops held across the Scottish Borders.  This programme concluded with a drop-in session and workshop in Hawick on 13 December.  The MIR 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.  Remember, if you don’t make your views known, they can’t be considered.

 

 

The Planning (Scotland) Bill 2017

The Planning (Scotland) Bill introduced to the Scottish Parliament on 4 December 2017 sets out the Scottish Government’s proposals for changes to the overall framework under which planning operates.  The Bill seeks to re-focus the planning system on enhancing community engagement and reducing and simplifying procedures and processes.  Key proposals include:

  • Abolition of strategic development plans, with the national planning framework forming part of the development plan;
  • Abolition of statutory supplementary planning guidance;
  • Local development plans to be in place for a period of 10 years rather than 5 years, with the right to amend them during that time;
  • Scottish Planning Policy to be incorporated into the national planning framework, to be reviewed every 10 years; and
  • Creation of Local Place Plans produced by a community body.

The Scottish Government proposes that Strategic Development Plans should be replaced by more proactive regional working partnerships.  However, there is little detail or clarity on how these regional working partnerships would operate and how tensions at the regional/strategic planning level would be resolved within the proposed enhanced National Planning Framework.

The Bill proposes changes to local development plans, suggesting that the plan period should be extended to ten years instead of the present five years; that the process for preparing local development plans should be shortened by the removal of the need for a Main Issues Report (to be replaced by a draft plan); and that supplementary planning guidance should be dispensed with.  The object of these and other changes is to provide stronger local development plans that deliver development.

Local Place Plans (LPPs) are one of the Scottish Government’s key proposals aimed at improving public engagement and involvement in the planning system.  The Government hopes that LPPs will provide an avenue for communities to feed into the development plan system.  However, there are concerns as to how LPPs interact with the local development plan and clear guidance will be needed on the form and content of LPPs, and how LPPs should be developed and submitted to the planning authority.  Interesting times ahead!

To improve the development management process, the Bill proposes changes to the pre-application process for major and local developments and changes to the scheme of delegation which are likely to extend the scope of appeals that would be made to the local review body rather than to Scottish Ministers.  Some may welcome these changes, others may be concerned at the prospect of more decisions on major developments being taken locally.

To improve the performance of planning authorities, the Bill proposes that councillors involved in planning decisions will be required to undertake training on planning matters and councillors that have not completed such training would be barred from undertaking such duties.  It may be that councillors already undertake some form of informal training but it would be difficult to argue against the need for proper training for those who are charged with the responsibility of discharging planning decisions.  In the Scottish Borders, the full council is responsible for the approval of the local development plan so it could, perhaps, be argued that the whole council should undertake such training, not just the members of the planning committee and the local review body.  Watch this space.

The Bill does not include any reference to third party appeals.  There has been a long-running campaign for the introduction of a limited third party right of appeal where those who have objected to a proposal that has been granted planning permission can request a review of the decision.  Scottish Ministers are opposed to the creation of a third party right of appeal.  The Scottish Government’s view is that:

“It is far more appropriate and more constructive to have stronger early engagement, involving people in the shaping of their areas, as provided for through the changes to development planning, the introduction of LPPs and more effective pre-application consultation. A third party right of appeal would increase delay and uncertainty through to the end of the planning process, running counter to the whole thrust of the Bill and wider review of planning in streamlining and front-loading the system”

The Bill is presently passing through Parliament.  The Bill completed Stage 1 on 29 May 2018 and consideration of the Bill at Stage 2 is scheduled to commence on 12 September 2018.  It will be next year (2019) before we have a better idea of what the Planning (Scotland) Act might look like.

 

 

Proposed Strategic Development Plan 2017 (SESplan)

The development plan currently consists of the Scottish Borders Local Development Plan (LDP), adopted in May 2016 and the Strategic Development Plan produced by SESplan, a partnership of six local authorities in the south east of Scotland; Edinburgh, East Lothian, Midlothian, Fife, Scottish Borders and West Lothian, which was approved by Scottish Ministers in June 2013.  SESplan’s second Proposed Strategic Development Plan was submitted to Scottish Ministers in June 2017.

 The Proposed Strategic Development Plan sets out an ambitious vision to guide the growth of the South East Scotland region over the next twenty years.  For the next 12 years (2018-2030), SESplan proposes that most growth will be largely met by land already identified in existing and proposed local development plans.  In the Scottish Borders, existing towns provide the focus for retail, commercial and strategic employment opportunities.  The potential future expansion of the Borders Rail line to Hawick and beyond could provide further opportunities for growth and regeneration in the Central Borders and Hawick.  On the East Coast Main Line, a new station at Reston would provide settlements in Berwickshire with easier access to employment and education opportunities in Edinburgh and stimulate tourism in the area.  Dualling of the A1 and improvements of the A68 and A7 would improve journey times to and from England.  SESPlan proposes a Green Network Priority Area connecting settlements in the Central Borders with Innerleithen and Peebles utilising former railway lines, offering considerable potential for walking and cycling between town centres and tourism attractions such as Abbotsford, Dryburgh Abbey, Traquair House and Glentress Mountain Biking Centre.

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

The Examination of the Proposed Strategic Development Plan, which commenced in August 2017, has been completed by Reporters appointed by Scottish Ministers and their report was submitted to Scottish Ministers on 20 July 2018.  The Reporters considered twenty-five unresolved issues and have recommended a number of modifications to the Plan.

In relation to the spatial strategy, the Reporters have recommended that the location of any additional sites to those identified in local development plans, that require to be identified for development in the period 2018-2030, should be in and around Edinburgh and along transport corridors.  In relation to Key Areas of Change in the Scottish Borders, the Reporters have recommended that the Strategic Development Plan should give more emphasis to the fact that major flood schemes in Selkirk, Hawick and Galashiels will provide opportunities for growth and regeneration in the Central Borders.

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

It is now for Scottish Ministers to consider the report and decide whether or not to approve the plan, with or without modifications.

It should be born in mind, however, that future changes in planning legislation may make Strategic Development Plans redundant.  The Planning (Scotland) Bill introduced to the Scottish Parliament on 4 December 2017 sets out the Scottish Government’s proposals for changes to the overall framework under which planning operates.  The Scottish Government proposes that Strategic Development Plans should be removed from the system to be replaced by more proactive regional working partnerships.  So, the Proposed Strategic Development Plan is likely to be the last.  For more information about the Government’s proposals for the planning system, see the ‘Planning (Scotland) Bill 2017’ post.

 

Development Management: July 2018 Update

During July 2018, the Scottish Borders Council received 126 applications for planning permission and other consents, including listed building and conservation area consents and applications for works to protected trees.  Two Proposal of Application Notices for major developments in the region were submitted in July:

A Proposal of Application Notice has been submitted for residential development on land south of Craignethan, Newtown St. Boswells (the site at the junction of Eildon Road and Sprouston Road) (SBC Ref: 18/00886/PAN).  The site is identified for residential development in the adopted local development plan with an indicative capacity of 68 houses.  A public consultation event is planned for the 4 September 2018 in the Newtown Community Wing, to be held between 11.00am and 6.30pm.  Details should appear in the Southern Reporter on 23 August 2018.

A Proposal of Application Notice has been submitted for a development by Berwickshire Housing Association of 49 mixed tenure dwellinghouses on land off Summerhill Park, Beanburn, Ayton (SBC Ref: 18/00968/PAN).  A previous public consultation event on a proposed development on this site took place in June 2017.  A further public consultation event, including an exhibition of the design proposals, is planned for the week commencing 17 September 2018 in Ayton Primary School.  The PAN provides no details of the specific date or time for the public consultation event but details should be provided within a press advertisement in the Berwickshire News at least seven days before the planned public event.

A public exhibition on the proposed development of holiday lodges, hotel and golf driving range at the Roxburghe Golf Course, submitted on 20 June (SBC Ref: 18/00799/PAN), is to be held at Heiton Village Hall on 7 August 2018 from 4.00pm to 7.30pm.

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 July 2018, the council decided 113 applications, only two of which were refused by the Chief Planning Officer, under delegated powers.  An application for the renewal of planning permission for the erection of a dwellinghouse on land near Linthill Cottages, Linthill, Melrose (SBC Ref: 18/00644/PPP) was refused on 23 July.  Although planning permission had previously been granted in July 2015 for a dwellinghouse on the site, this had expired.  Planning policy on housing in the countryside has changed since 2015 as a result of the adoption of the Scottish Borders Council Local Development Plan 2016 (LDP).  The policy on replacement dwellings in the countryside has been significantly revised and the Chief Planning Officer considered that the proposal is now contrary to the strict requirements of policy HD2 of the LDP.  It will be interesting to see if this decision is challenged through the Local Review Body and, if so, whether the LRB takes the same view on the non-conformity of the proposal with the LDP.

An application 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) was refused planning permission on 26 July on the grounds that the proposed uses are not appropriate to a building located within a strategic business park safeguarded for uses falling within Business Classes 4-6.  It will be interesting to see if this decision is also challenged by referral to the Local Review Body.

At its meeting on 16 July, the Council’s Local Review Body (LRB) decided to reverse the Chief Planning Officer’s decision to refuse planning permission for the change of use and alteration of agricultural buildings to form eleven dwellinghouses at Hutton Castle Barns, Hutton in Berwickshire and granted planning permission subject to 12 conditions, informatives and a legal agreement in respect of the payment of a financial contribution towards education facilities and affordable housing in the locality (SBC Ref: 18/00013/RREF & 16/01371/FUL).  The LRB upheld the Chief Planning Officer’s decisions to refuse planning permission for the erection of a dwellinghouse on land south west of 1 Hill Terrace, Stow (SBC Ref: 18/00014/RREF & 17/01734/PPP) and for the erection of a dwellinghouse on land north west of Doonbye, Smith’s Road, Darnick (SBC Ref: 18/00015/RREF & 18/00287/FUL).

At its meeting on 16 July, the Planning and Building Standards Committee considered a report by the Chief Planning Officer on the relaxation of the town centre Core Activity Area Policy (Policy ED4 of the LDP), as it applies particularly to Galashiels and Hawick.  The committee agreed to certain changes in the practice of implementing this policy.  For more information on the implications of these changes, see the post on ‘Town Centre Policy: Amendments to practice for processing planning applications, July 2018’.

On the subject of wider planning issues, the Examination of the Proposed South East Scotland Strategic Development Plan, submitted to Scottish Ministers in June 2017, has been completed by Reporters appointed by Scottish Ministers and their report was submitted to Scottish Ministers on 20 July 2018.  The Reporters appointed to undertake the examination considered twenty-five unresolved issues and it is now for Scottish Ministers to consider the report and decide whether or not to approve the plan, with or without modifications.  For more information on the implications for the Scottish Borders, see my post on ‘Proposed Strategic Development Plan 2017’.

During July, the Scottish Government’s Planning and Environmental Appeals Division (DPEA) received an appeal 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 conditions relate to the requirement to remove the turbines within 25 years.

Five appeals remain to be determined against the refusal of planning permission: (1) for 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); (2) 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); (3) for the erection of a poultry building at Hutton Hall Barns, Hutton in Berwickshire (DPEA Ref: PPA-140-2065); (4) for the erection of a poultry building at Easter Happrew in the Manor Valley, west of Peebles (DPEA Ref: PPA-140-2062); and (5) a residential development of 38 dwellings at Marchmont Road, Greenlaw in Berwickshire (DPEA Ref: PPA-140-2059).

Scottish Ministers have called-in for determination the application by Eildon Housing Association for residential development at Huddersfield Street, Galashiels in view of the proposed development’s possible significant level of flood risk (SBC Ref: 17/00695/FUL) (DPEA Ref: NA-SBD-054).  A hearing session has been arranged, to be held on Wednesday 15 August at 10.00am in the Waverley Suite at the Transport Interchange, Galashiels.

The public inquiry to be held in relation to the refusal of planning permission 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), which was to commence at 10.00am on 24 July 2018 in the Novotel Hotel, Edinburgh Park (near the Gyle), has been cancelled as un-necessary following agreement on the suspensive conditions required in relation to Edinburgh Airport radar.

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.  In relation to the Birneyknowe application, the Reporter hopes to be in a position to submit the report to Scottish Ministers in August.