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 variation of condition 4 of planning permission 16/00753/FUL to reinstate 2 windows in lieu of air conditioning units at Deans Bar, 3 Orrock Place, Hawick. 17/01368/FUL. 19/00005/RREF pdf icon PDF 83 KB

Additional documents:

Minutes:

CHAIRMAN

In the absence of Councillor Miers the meeting was chaired by Councillor S. Hamilton.

 

 

 

There had been circulated copies of the request from Mr Mark Deans, 64 Weensland Road, Hawick, to review refusal of the planning application for variation of condition 4 of planning permission 17/01368/FUL to reinstate 2 windows in lieu of air conditioning units at Deans Bar, 3 Orrock Place, Hawick.  The supporting papers included the Notice of Review; Decision Notice; Officer’s Report; papers referred to in Officer’s Report; Consultations; Objection; and a list of policies. Members noted that the application related to two proposals: to allow the installation of two windows (now retrospective) in the rear wall of the function room; and to vary condition 4 of the previous planning permission for the function room, to allow the reinstated windows to serve as the function room’s ventilation in lieu of the ventilation system required under that planning consent.  Also noted was the objection to the proposals by a neighbour who was concerned that he was subjected to an unacceptable level of noise from the function room exacerbated by the vented windows.  Sympathy was expressed with the efforts made by the applicant to meet the requirements of the planning consent in respect of ventilation and noted that there had previously been windows, which had been blocked up, in the same position as those recently installed.  With regard to the potential noise impacts of reinstating the windows on the residential amenity of neighbouring properties, Members referred to the difficulty of assessing the situation in view of the conflicting advice provided by experts in the form of the applicant’s Noise Assessment Report and the Council’s consultants who assessed that report.  It was unanimously agreed that the Review Body could not come to a conclusion about the application without further information being provided by way of a hearing session, to which the applicant, Council’s Environmental Health Officer and interested party should be invited.

 

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 not be considered without further procedure in the form of a hearing session;

 

(c)        that the applicant, Council’s Environmental Health Officer and interested party be invited to attend a hearing on a date to be arranged to provide information on:

  • The case for the reinstated windows providing a means of ventilation as a suitable alternative to the ventilation system required under Condition 4 of planning consent 16/00753/FUL; and
  • The noise impacts of reinstating windows into the function room on the residential amenity of neighbouring residential properties.

 

2.

Consider request for review of application for erection of dwellinghouse with detached garage, Plot 3 Land NE of the Old Church, Lamberton pdf icon PDF 100 KB

Additional documents:

Minutes:

There had been circulated copies of the request from Mrs Suzanne Currie, per Smith and Garratt Rural Asset Management, The Guildhall, Ladykirk, to review the refusal of the planning application for erection of a dwellinghouse with detached garage on Plot 3, land north east of the Old Church, Lamberton. Included in the supporting papers were the Notice of Review (including the Decision Notice, Officer’s Report, HES consultation response, Community Council response, objections); papers referred to in the Officer’s Report; consultations; further representations; and a list of policies. Members noted that full planning permission had previously been granted for the erection of a dwellinghouse at the proposed site and that the application under consideration sought approval for alternative siting and design of a house on the same site.  The ensuing discussion focussed on the significant changes to the siting, orientation and design of the dwellinghouse and resulting potential impact on its relationship with the existing building group, the setting of the Lamberton Old Church Scheduled Monument, the right of way that crossed the site and the visual amenity of the surrounding area.  As Members’ opinion was divided on these issues a suggestion was made to hold a site visit.

 

VOTE

 

Councillor Fullarton, seconded by Councillor Laing, moved that an unaccompanied site visit be held.

 

Councillor Aitchison, seconded by Councillor Ramage, moved as an amendment that the review be determined without a site visit.

 

On a show of hands, Councillors voted as follows:-

 

Motion             - 4

Amendment     - 3

 

The motion was accordingly carried.

 

 

DECISION

 

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

 

(b)          DECIDED that:-

 

(i)           the review could not be considered without further procedure in the  form of a site visit; and

 

(ii)       an unaccompanied site visit be carried out on a date to be arranged and consideration of the review be continued to a future meeting.

 

3.

Consider request for review of refusal of application for erection of dwellinghouse with detached double garage and artist studio, associated access and infrastructure on site adjacent No. 9, Caberston Avenue, Walkerburn pdf icon PDF 109 KB

Additional documents:

Minutes:

There had been circulated copies of the request from Mr and Mrs Ewan McCarthy, per Ferguson Planning, Shiel House, 54 Island Street, Galashiels, to review the refusal of the planning application for erection of a dwellinghouse with detached double garage and artist studio, associated access and infrastructure on site adjacent to No. 9, Caberston Avenue, Walkerburn ..  The supporting papers included the Notice of Review (including Decision Notice, Officer’s report, consultation responses, general comment and objections); Papers referred to in officer’s report; and a list of policies.  In their initial discussion Members noted that the application site was outwith but adjoining the settlement boundary of Walkerburn as defined in the Local Development Plan.  They concluded that the proposal did not meet any of the four exception criteria to justify approval outwith the development boundary but went on to debate whether the site represented a logical infill development opportunity.  In this respect they noted the relationship of the site with the adjoining dwelling, Bellenden House. In further discussion they considered the design of the proposed house and the sustainable nature of the development.  Particular concern was expressed about the vehicular access and junction with the A Class road and consideration was given as to whether the improvements required could be managed by planning conditions.

 

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 was not in keeping with the Development Plan but material  considerations outweighed this; and

 

(d)          the officer’s decision to refuse the application be reversed and planning permission be granted subject to conditions for the reasons detailed in Appendix I to this Minute

 

 

CONTACT US

Scottish Borders Council

Council Headquarters Newtown St. Boswells Melrose TD6 0SA

Tel: 0300 100 1800

Email:

For more Contact Details