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.

Consider request for review of refusal of application for change of use of agricultural buildings and alterations to form 12 No dwellinghouses SE of Merlewood, Hutton Castle Barns, Hutton. 16/01371/FUL. 18/00013/RREF. pdf icon PDF 93 KB

Copies of the following papers attached:-

Additional documents:

Minutes:

There had been circulated copies of the request from Mr G. Bain, per G53 Design Ltd, 209 Muirshiel Crescent, Glasgow for review of refusal of the planning application in respect of change of use of agricultural buildings and alterations to form 11 No dwellinghouses south east of Merlewood, Hutton Castle Barns, Hutton. The supporting papers included the Notice of Review; Decision Notice; officer’s report; papers referred to in the officer’s report; consultations; support comments; objections; further representation (in support); further representation (objection); response to the further representations; and a list of relevant policies. Members were advised that, as indicated in the documentation, the original proposal for 12 units had been amended to 11 by the removal of Unit 1 and that this had been the basis for consideration by the Appointed Planning Officer.  In their initial discussion Members agreed that, as a means to secure long term use of the traditional farm steading buildings, the proposal for residential conversion had significant merit. However they debated at length whether this would be outweighed by the potential impact of the development on the viability of the neighbouring working farm and the potential impact of current and future farming operations on the residential amenity of the proposed conversion.  In their discussion Members noted the current mix of residential and agricultural uses already within the building group and also considered other matters relating to the application including drainage, access and parking, the requirement for ecological surveys and the requirement for development contributions.

 

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 reversed and planning permission be granted subject to conditions, informatives and a legal agreement,  for the reasons detailed in Appendix I to this Minute. 

 

2.

Consider request for review of refusal of application for erection of dwellinghouse on land SW of 1 Hill Terrace, Stow. 17/01734/PPP. 18/00014/RREF. pdf icon PDF 78 KB

Copies of the following papers attached:-

Additional documents:

Minutes:

There had been circulated copies of the request from Susan Aitchison, 25/1 Bridge Street, Edinburgh for review of refusal of the planning application in respect of erection of a dwellinghouse on land south west of 1 Hill Terrace, Stow. The supporting papers included the Notice of Review; Decision Notice; officer’s report; papers referred to in the officer’s report; consultations; objections; further representations and response; and a list of relevant policies.  Members noted that the applicant had amended the proposal, within the Review submission, from a dwellinghouse to a small garden type studio with toilet facilities and bunk.  However, after receiving legal advice, Members confirmed that their consideration would relate only to the development proposal that had been before the Appointed Planning Officer which was for a dwelllinghouse.  The Review Body accepted that the site, which was within the settlement boundary of Stow, was suitable for infill development and that any issues of privacy and overlooking could be addressed at the design stage.  Members’ discussion therefore focussed on concerns about the inadequacies of the access to the site and junction onto the A7; associated road safety issues; and the implications of additional traffic that would be generated by the development during the construction phase and beyond.

 

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 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 II to this Minute. 

 

3.

Consider request for review of refusal of application for erection of dwellinghouse on land NW of Doonbye, Smith's Road, Darnick. 18/00287/FUL. 18/00015/RREF. pdf icon PDF 90 KB

Copies of the following papers attached:-

Additional documents:

Minutes:

There had been circulated copies of the request from Mr I Maxwell, per RM Architecture Ltd, Bloomfield, Heatherlie Park, Selkirk, for review of refusal of the planning application in respect of erection of dwellinghouse on land north west of Doonbye, Smith’s Road, Darnick. The supporting papers included the Notice of Review; Decision Notice; officer’s report; papers referred to in the officer’s report; consultations; objections; further representation; and a list of relevant policies.  In noting the historic pattern of development within Darnick and character of the conservation area Members discussed whether the proposed site was suitable for infill development.  Members considered in particular the limitations of the plot in terms of its size, potential impact of the proposal on neighbouring properties and the fact that there was no vehicular access or off-street parking provision.

 

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 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. 

 

 

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