Agenda and minutes

Present: -           Councillors R. Smith (Chairman), M. Ballantyne (from para 3), J. Brown, J. Campbell, J. Fullarton, I. Gillespie, S. Mountford, B. White..

Apologies:-         Councillor D. Moffat.

In Attendance:-  Development Standards Manager, Major Applications, Review and Enforcement Manager, Principal Roads Planning Officer, Forward Planning Officer, Solicitor (G Nelson), Democratic Services Team Leader, Democratic Services Officer (F Henderson).

Minute of Meeting of 30 March 2015 to be approved and signed by the Chairman.  (Copy attached.)

MINUTE

1.       There had been circulated copies of the Minute of the Meeting held on 27 March 2015.

DECISION

APPROVED for signature by the Chairman.

Consider the following application for planning permission:-

APPLICATIONS

4.       There had been circulated copies of reports by the Service Director Regulatory Services on applications for planning permission requiring consideration by the Committee.

          DECISION

          DEALT with the applications as detailed in the Appendix to this Minute.       

Erection of 54 dwellinghouses and associated infrastructure on Land South of the Old Manse, Gavinton - 13/00332/FUL

Erection of dwellinghouse with detached garage on Garden Ground of the Old      School, High Street, Ayton – 14/01146/FUL

Erection of seven dwellinghouses at Specialist Laminates Ltd, Station Road,  

Gordon – 15/00189/PPP.  (Copy attached.) 

Consider report by Service Director Regulatory Services.  (Copy attached.) 

There had been circulated copies of report by the Service Director Regulatory Services which sought agreement on the Draft Supplementary Planning Guidance on Replacement Windows and Doors contained in Appendix A to the report.  The report explained that the current Supplementary Planning Guidance on Replacement Windows was approved in April 2012.  The revised Supplementary Planning Guidance (SPG) had come forward following a request by Planning and Building Standards Committee in June 2014 to review the SPG.  The key changes to this revised SPG were the provision of greater clarity on the key principles and their policy use, and the inclusion of doors as well as windows.  It was proposed that the Draft SPG be subject to public consultation for a period of 12 weeks.  Following consultation, it was intended that a report be brought back to the Planning and Building Standards Committee to seek final agreement.  It was also proposed that the Draft SPG be adopted as interim policy guidance.  The Forward Planning Officer was present to answer Members questions and the Chairman thanked him and his Team for a very thorough and well thought out piece of work.  A proposed amendment to the wording of Paragraph 3.28 to allow the use of uPVC in certain circumstances was tabled at the meeting and this was approved.

DECISION

AGREED:-

(i)                  the use of the document as a Draft Supplementary Planning Guidance on Replacement Windows and Doors to be used as a basis for public consultation; and

  (ii)            the use of the document as Interim Supplementary Planning Guidance in the determination of planning and listed building applications;

(iii)               that following the public consultation period the Draft Supplementary Planning Guidance on Replacement Windows and Doors be brought back to the Planning and Building Standards Committee; and

(iv)           that the full wording of paragraph 3.28 of the proposed Guidance be deleted and be replaced with the following amended wording :-

In the consideration of proposals for the alteration of windows and doors in the Prime Frontage or Core Areas, the ‘General Principles’ set out in Section 3.7 shall be taken into account.  Following consideration  of the ‘General Principles’ in relation to a particular proposal the outcome may be either:

·         Replacement generally on a ‘like for like’ basis required as set out in this policy section, or

·         Replacement through the use of new materials (which may include uPVC for windows) but retaining the design pattern, dimensions and method of opening.

Consider report by Service Director Regulatory Services.  (Copy attached.)

There had been circulated copies of a report by the Service Director Regulatory Services on Appeals to the Scottish Ministers and Local Reviews.

DECISION

NOTED that:-

(a)       an appeal decision had been received in respect of the Discharge of

planning obligation pursuant to planning permission 06/01404/FUL on Land South of Meigle Row, Clovenfords – 14/01231/MOD75

(b)       there remained two appeals outstanding in respect of:-

·                                   Ravelaw Farm, Whitsome, Duns

·                                   Land West of Kingledores Farm (Glenkerie), Broughton, Biggar

a review request had been received in respect of replacement windows at 27-29 

   Eastgate, Peebles EH45 8AB – 14/01400/FUL

(c)                    the Local Review Body upheld the Appointed Officers decision to refuse, subject to amending the terms of the refusal, a change of use from store, partial demolition and alterations to form 3 No garages at Store, Union Street, Hawick – 14/01074/FUL

Before proceeding with the private business, the following motion should be approved:-

“That under Section 50A(4) of the Local Government (Scotland) Act 1973 the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in the relevant paragraphs of Part 1 of Schedule 7A to the aforementioned Act.”

PRIVATE BUSINESS

DECISION

6.    AGREED under Section 50A(4) of the Local Government (Scotland) Act 1973 to exclude the public from the meeting during consideration of the business detailed in the Appendix  to this Minute on the grounds that they involved the likely disclosure of exempt information as defined in paragraph 6 of Part 1 of Schedule 7A to the aforementioned Act.

SUMMARY OF PRIVATE BUSINESS

          Minute

1.         The Committee considered the private section of the Minute of 30 March 2015.

          Urgent Business

2.         Under Section 50B(4)(b) of the Local Government (Scotland) Act 1973, the Chairman was of the opinion that the item dealt with in the following paragraph should be considered at the meeting as a matter of urgency, in view of the need to keep Members informed.

Developer Contributions

3.         Members noted a report on levels of developer contributions for certain developments

The meeting concluded at 1.30 p.m.

Private Minute of Meeting of 30 March 2015 to be approved and signed by the Chairman.  (Copy attached.)

PLANNING AND BUILDING STANDARDS COMMITTEE

27 APRIL 2015

APPENDIX

BUSINESS CONSIDERED IN PRIVATE

            MINUTE

1.         There had been circulated copies of the private Minute of 27 March 2015.

         DECISION

AGREED Minute for signature by the Chairman.

          URGENT BUSINESS

2.         Under Section 50B(4)(b) of the Local Government (Scotland) Act 1973, the Chairman was of the opinion that the item dealt with in the following paragraph should be considered at the meeting as a matter of urgency, in view of the need to keep Members informed.

DEVELOPER CONTRIBUTIONS

3.         With reference to the Reporters decision on the payment of the Developer Contribution in respect of the roads network relating to the development at Meigle Row, Clovenfords, Members were advised that officers would need to give consideration as to how such contributions could be more robustly justified and how they would be collected in future.  It was noted that the monies not received only comprised 10% of the overall contributions for the development and that other contributions for educations, playparks etc. had been endorsed by the Reporter.  It was further noted that for other developments this contribution did not form part of the legal agreement so there was no wider risk to the Council of non-payment.

DECISION

          NOTED.