Scottish Borders Council

Agenda and draft 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 erection of dwellinghouse on land north east of The Rest, Murrayfield, St Abbs. 18/01654/FUL. 19/00020/RREF. pdf icon PDF 105 KB

Copies of the following papers attached:-

Additional documents:

Minutes:

There had been circulated copies of the request from Mr & Mrs Peter Gibson, The Rest, Murrayfield, St Abbs, to review refusal of the planning application for erection of a dwellinghouse on land north east of The Rest, Murrayfield, St Abbs. The supporting papers included the Notice of Review; Decision Notice; Officer’s Report; papers referred to in the Officer’s Report; Consultations; Objections; Support comment; additional representations and response; and a list of policies. The Planning Advisor drew attention to new evidence submitted with the Notice of Review documentation in the form of an old photograph of the site and surrounding houses.  Members accepted that this information met the test set out in Section 43B of The Town and Country Planning (Scotland) Act 1997 and included it in their consideration.  Members noted that the site was within the St Abbs Conservation Area and that the location of the proposed dwellinghouse was on open space where the edge of the village opened up to sea views.  Their ensuing discussion focused on the impact of the proposed development on the character of the Conservation Area and the properties surrounding it.  They also considered the site, form and design of the proposed dwellinghouse and concluded that this was not appropriate to the surrounding area.

 

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 photograph submitted with the Notice of Review documentation met the test set out in Section 43B of the Town and Country Planning (Scotland) Act 1997 and could be taken into consideration;

 

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

 

(d)       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

 

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

 

 

MEMBER

Having not been present when the following review was first considered Councillor Ramage did not take part in the determination and left the Chamber prior to its consideration.

 

2.

Continuation of review of refusal of application for change of use of agricultural land to dog care walking facility and erection of boundary fence on land south west of Milkieston Toll House, Peebles. 18/01161/FUL. 19/00016/RREF. pdf icon PDF 601 KB

Copies of the following papers attached:-

Additional documents:

Minutes:

With reference to paragraph 2 of the Minute of 19 August 2019, there had been re-circulated copies of the request from Mr Paul Lawrie, per Planning Solutions Edinburgh, Midlothian Innovation Centre, 1 Pentlandfield Business Park, Roslin, to review the refusal of the planning application for change of use of agricultural land to dog care walking facility and erection of boundary fence on land south west of Milkieston Toll House, Peebles. Included in the supporting papers were the Notice of Review; Decision Notice; Officer’s Report; papers referred to in the Officer’s Report; Consultations; an objection; additional representation and response; and a list of policies. In response to the request from Members for further information in the form of written submissions, there had also been circulated comments from the Roads Officer and response from the applicant, on the new evidence submitted in the form of the drawing ‘Visibility Sight Lines’ and the improvement in visibility brought about by clearance of vegetation as part of the plan to relocate the junction of Cringletie Hotel.  In their initial consideration of the proposal Members accepted that the business case submitted established the need for the dog care and dog walking business in that area.  They then moved on to consider the safety aspects of the access to the site and in their discussion took into account all the information provided by the applicant and the Roads Planning service in terms of the visibility sightlines plan and photographs of the junction.  After careful consideration they concluded that the concerns of the Roads Planning service about the access had not been outweighed by the information provided by the applicant.

 

 

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;

 

(d)       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

 

(e)        the officer’s decision to refuse the application be upheld and the application be refused, for the reasons detailed in Appendix Il to this Minute. 

 

 

MEMBERS

Having not been present when the following review was first considered Councillor Miers did not take part in the determination and left the Chamber prior to its consideration.  Councillor Ramage returned to the Chamber for the remainder of the meeting.

 

CHAIRMAN

In the absence of Councillor Miers the Chairman’s role was taken by Councillor Hamilton.

 

3.

Continuation of review of refusal of application for erection of three holiday lodges, access and associated infrastructure on land West of 1 Hallrule Farm Cottage, Bonchester Bridge. 18/01680/FUL. 19/00013/RREF. pdf icon PDF 82 KB

Copies of the following papers attached:-

Additional documents:

Minutes:

With reference to paragraph 1 of the Minute of 15 July 2019 and following an unaccompanied site visit, there had been re-circulated copies of the request from Mrs Claire MacTaggart, per Ferguson Planning, 54 Island Street, Galashiels, to review refusal of the planning application for erection of three holiday lodges, access and associated infrastructure on land west of 1 Hallrule Farm Cottage, Bonchester Bridge. The supporting papers included the Notice of Review; Decision Notice; Officer’s Report; papers referred to in Officer’s Report; Consultations; Objections; and a list of policies. In response to the request from Members, there had also been circulated additional information in the form of written submissions and a response from the appointed planning officer.  Members agreed that the site visit had been helpful in assisting them to visualise the proposed lodges and their relationship with the surrounding landscape.  In considering the business case and additional information submitted they noted the detailed market research carried out that strengthened the proposal and that Economic Development supported the business case put forward.  In noting that the visual impact of the proposed development was likely to be minimal due to its location in a secluded valley, they went on to consider any other possible impact on the landscape and local habitat.  They also considered in detail the conditions that could be used to control occupation of the units and to mitigate any impact on the surrounding area. After detailed discussion Members concluded that the development would, with the conditions agreed, be acceptable.

 

DECISION

AGREED that:-

 

(a)          the review could be considered without the need for any further procedure on the basis of the papers submitted, the site visit and the additional information provided;

 

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

 

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

 

 

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