Scottish Borders Council

Agenda and minutes

Venue: Council Chamber, Council Headquarters, Newtown St Boswells, TD6 0SA

Contact: Fiona Walling 01835 826504  email  fwalling@scotborders.gov.uk

Items
No. Item

1.

Declarations of Interest.

Minutes:

Councillor Small declared an interest in item 6 on the agenda (17/00044/PPP) in terms of Section 5 of the Councillors Code of Conduct and left the Chamber during the discussion.

 

2.

Continuation: Review of refusal of planning consent in respect of erection of vehicle body repair workshop and associated parking on land north west of Dunrig, Spylaw Farm, Lamancha, West Linton. 16/01174/PPP. 17/00015/RREF. pdf icon PDF 66 KB

Copies of papers re-circulated as follows:-

Additional documents:

Minutes:

MEMBER

Councillor Ramage had not been present at the site visit in respect of the undernoted application and was therefore unable to participate in the further consideration.  Councillor Ramage withdrew from the Chamber for this part of the meeting.

 

 

With reference to paragraph 5 of the Minute of 19 June 2017 and following an unaccompanied site visit, Members continued consideration of the request from

GS Chapman Vehicle Body Repairs, per Ericht Planning & Property Consultants, Gifford House, Bonnington Road, Peebles, to review the decision to refuse the planning application in respect of the erection of a vehicle body repair workshop and associated parking on land north west of Dunrig, Spylaw Farm, Lamancha, West Linton. The papers which accompanied this review had been re-circulated.  Members had found the site visit useful but were divided in their opinion with regard to the relationship of the site to the other farm buildings.  Following discussion it was agreed that further information be sought from the applicants regarding the possibility of siting the workshop in or near to the exiting farm buildings and if this option had already been discounted by the applicants, their reasons for so doing.  Information of the ownership of the land in terms of the possibility of using a Section 75 Agreement to tie the business to the landholding was also requested.

 

DECISION

AGREED that:-

 

(a)        the review could not be determined without further procedure in the form of a written statement from the applicants;

 

(b)       the applicants be asked to provide a written statement detailing what consideration had been given to siting the proposed development within or near to the currently existing farm building group, if there was space which could be utilised or existing buildings which could be converted and, if this had been discounted by the applicant details of the reasons for so discounting; and

 

(c)       the applicant be asked to comment on whether a proposal to tie the new business to the landholding would be achievable in terms of current land ownership.

 

 

3.

Consider request for review of refusal of planning consent in respect of erection of dog care building, perimeter fence and associated works (retrospective) on land south west of Milkieston Toll House, Eddleston. 16/00872/FUL. 17/00022/RREF. pdf icon PDF 72 KB

Copies of the following papers attached:-

Additional documents:

Minutes:

There had been circulated copies of the request from Mr Paul Lawrie, Linnfall Cottage, Waterheads, Peebles, to review the decision to refuse the planning application in respect of erection of a dog day care building, perimeter fence and associated works (retrospective) on land south west of Milkieston Toll House, Eddleston. Included in the supporting papers were the Decision Notice, Notice of Review; officer’s report; papers referred to in the report; consultations; objections; and a list of relevant policies.  Members noted that the fence surrounding the development was inadequate and commented on the unacceptable visual impact.  Members also expressed concern regarding the access and the implications for road safety.

 

DECISION

AGREED that:-

 

(a)        the request for a review had been competently made in terms of Section 43A of the Town and Country Planning (Scotland) Act 1997;

 

(b)       the review could be considered without the need for any further procedure on the basis of the papers submitted;

 

(c)        the proposal would be contrary to the Development Plan and that there were no other material considerations that would justify departure from the Development Plan; and

 

(d)       the officer’s decision to refuse the application be upheld for the reasons detailed in Appendix I to this Minute.

 

MEMBER

Councillor Anderson left the meeting.

 

4.

Consider request for review of refusal of planning consent in respect of erection of two dwellinghouses in garden ground of Woodlands, Broomlee Mains, West Linton. 17/00044/PPP. 17/00016/RREF. pdf icon PDF 76 KB

Copies of the following papers attached:-

Additional documents:

Minutes:

There had been circulated copies of the request from Mrs Sandra Newton, per Ferguson Planning, Shiel House, 54 Island Street, Galashiels, to review the decision to refuse the planning application in respect of erection of two dwellinghouses in garden ground of Woodlands, Broomlee Mains, West Linton.  Presented in the supporting papers were the Notice of Review (including the Decision Notice and officer’s report); consultations; representation; and a list of relevant policies.  Members agreed that Woodlands was part of the wider building group and that two dwellinghouses would be an acceptable addition.  However, Members considered that there should be no further development and asked that a statement to this effect be included in the decision notice.  A condition relating to boundary treatment which would define the settlement boundary was also requested.

 

DECISION

AGREED that:-

 

(a)        the request for a review had been competently made in terms of Section 43A of the Town and Country Planning (Scotland) Act 1997;

 

(b)       the review could be considered without the need for any further procedure on the basis of the papers submitted;

 

(c)        the proposal would be in keeping with the Development Plan; and

 

(d)       the officer’s decision to refuse the application be overturned for the reasons detailed in Appendix II to this Minute.

 

5.

Consider request for review of refusal of planning consent in respect of erection of agricultural storage shed with welfare accommodation on land west of former William Cree Memorial Church, Kirkburn, Cardrona. 17/00090/FUL. 17/00018/RREF. pdf icon PDF 64 KB

Copies of the following papers attached:-

Additional documents:

Minutes:

There had been circulated copies of the request from Cleek Poultry Ltd, The Tractor Shed, Kirkburn, Cardrona, to review the decision to refuse the planning application in respect of erection of an agricultural storage building with welfare accommodation on land west of former William Cree Memorial Church, Kirkburn, Cardrona.  Included in the supporting papers were the Notice of Review (including the Decision Notice); officer’s report; papers referred to in the report; consultations; and a list of relevant policies.  Members noted that while the building would not have a significant effect on the landscape of the Tweed Valley it would impact on the setting of the adjoining church.  They further noted the absence of a comprehensive business case for the operation of the site and that traffic levels were required before proper consideration could be given to the proposal.

 

DECISION

AGREED that:-

 

(a)        the request for a review had been competently made in terms of Section 43A of the Town and Country Planning (Scotland) Act 1997;

 

(b)       the review could be considered without the need for any further procedure on the basis of the papers submitted;

 

(c)        the proposal would be contrary to the Development Plan and that there were no other material considerations that would justify departure from the Development Plan; and

 

(d)       the officer’s decision to refuse the application be upheld for the reasons detailed in Appendix III to this Minute.

 

6.

Consider request for review of refusal of planning consent in respect of erection of agricultural storage building with welfare accommodation on land west of former William Cree Memorial Church, Kirkburn, Cardrona. 17/00092/FUL. 17/00019/RREF. pdf icon PDF 64 KB

Copies of the following papers attached:-

Additional documents:

Minutes:

There had been circulated copies of the request from Cleek Poultry Ltd, The Tractor Shed, Kirkburn, Cardrona, to review the decision to refuse the planning application in respect of erection of an agricultural storage building with welfare accommodation on land west of former William Cree Memorial Church, Kirkburn, Cardrona.  Included in the supporting papers were the Notice of Review (including the Decision Notice); officer’s report; papers referred to in the report; consultations; and a list of relevant policies.  Members noted that while the building would not have a significant effect on the landscape of the Tweed Valley it would impact on the setting of the adjoining church.  They further noted the absence of a comprehensive business case for the operation of the site and that traffic levels were required before proper consideration could be given to the proposal.

 

DECISION

AGREED that:-

 

(a)        the request for a review had been competently made in terms of Section 43A of the Town and Country Planning (Scotland) Act 1997;

 

(b)       the review could be considered without the need for any further procedure on the basis of the papers submitted;

 

(c)        the proposal would be contrary to the Development Plan and that there were no other material considerations that would justify departure from the Development Plan; and

 

(d)       the officer’s decision to refuse the application be upheld for the reasons detailed in Appendix IV to this Minute.

 

7.

Consider request for review of refusal of planning consent in respect of erection of agricultural storage building with welfare accommodation on land west of former William Cree Memorial Church, Kirkburn, Cardrona. 17/00093/FUL. 17/00020/RREF. pdf icon PDF 64 KB

Copies of the following papers attached:-

Additional documents:

Minutes:

There had been circulated copies of the request from Cleek Poultry Ltd, The Tractor Shed, Kirkburn, Cardrona, to review the decision to refuse the planning application in respect of erection of an agricultural storage building with welfare accommodation on land west of former William Cree Memorial Church, Kirkburn, Cardrona.  Included in the supporting papers were the Notice of Review (including the Decision Notice); officer’s report; papers referred to in the report; consultations; and a list of relevant policies. Members noted that the height of the building would have a significant visual effect on the landscape of the Tweed Valley.  They further noted the absence of a comprehensive business case for the operation of the site and that traffic levels were required before proper consideration could be given to the proposal.

 

DECISION

AGREED that:-

 

((a)      the request for a review had been competently made in terms of Section 43A of the Town and Country Planning (Scotland) Act 1997;

 

(b)       the review could be considered without the need for any further procedure on the basis of the papers submitted;

 

(c)        the proposal would be contrary to the Development Plan and that there were no other material considerations that would justify departure from the Development Plan; and

 

(d)       the officer’s decision to refuse the application be upheld for the reasons detailed in Appendix V to this Minute.

 

8.

Consider request for review of refusal of planning consent in respect of erection of agricultural storage building with welfare accommodation on land west of former William Cree Memorial Church, Kirkburn, Cardrona. 17/00094/FUL. 17/00021/RREF. pdf icon PDF 64 KB

Copies of the following papers attached:-

Additional documents:

Minutes:

There had been circulated copies of the request from Cleek Poultry Ltd, The Tractor Shed, Kirkburn, Cardrona, to review the decision to refuse the planning application in respect of erection of an agricultural storage building with welfare accommodation on land west of former William Cree Memorial Church, Kirkburn, Cardrona.  Included in the supporting papers were the Notice of Review (including the Decision Notice); officer’s report; papers referred to in the report; consultations; and a list of relevant policies.  Members noted that the height of the building would have a significant visual effect on the landscape of the Tweed Valley.  They further noted the absence of a comprehensive business case for the operation of the site and that traffic levels were required before proper consideration could be given to the proposal.

 

DECISION

AGREED that:-

 

(a)        the request for a review had been competently made in terms of Section 43A of the Town and Country Planning (Scotland) Act 1997;

 

(b)       the review could be considered without the need for any further procedure on the basis of the papers submitted;

 

(c)        the proposal would be contrary to the Development Plan and that there were no other material considerations that would justify departure from the Development Plan; and

 

(d)       the officer’s decision to refuse the application be upheld for the reasons detailed in Appendix VI to this Minute.

 

 

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