Scottish Borders Council

Agenda and minutes

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

Link: Teams Live Event

Items
No. Item

1.

Consider request for review of refusal of application for formation of new boundary fence (retrospective) at 1, Forley's Field, Goslawdales, Selkirk. 20/00472/FUL. 20/00024/RREF. pdf icon PDF 79 KB

Copies of the following papers attached:

Additional documents:

Minutes:

There had been circulated copies of the request from Mrs E. Houston-Grundy, per Stuart Davidson Architecture, Design Studio, 32 High Street, Selkirk to review the decision to refuse the planning application for the formation of a new boundary fence (retrospective) at 1, Forley’s Field, Goslawdales, Selkirk.  The supporting papers included the Notice of Review; Decision Notice; Officer’s Report; papers referred to in the Officer’s Report; consultation; support comment; objection; and a list of policies. Members noted that the application was retrospective and that the garden boundary fence had been erected. They also noted that the applicant proposed certain adjustments to the existing fence, in the vicinity of the street lighting column and that providing these were carried out the Roads Planning Officer had no objection to the application.  Members’ discussion focussed on the visual impact and suitability of the fence, in terms of its height, extent and colour, in the context of the surrounding landscape and character of the housing development.  They took into account existing frontage landscaping on other properties within the street and the landscaping requirements of the planning consent for the original housing development. A suggestion was made that if the corner section of fence, from its southernmost point of the site to the street lighting column, was removed and replaced by soft landscaping the fence would be less dominant in terms of its visual impact on the entrance to the housing development. However there was no consensus about this amendment and Members’ opinion remained divided on the application:

 

VOTE

 

Councillor Anderson, seconded by Councillor Laing moved that the decision to refuse the application be upheld.

 

            Councillor Mountford, seconded by Councillor Fullarton, moved as an amendment that the decision to refuse the application be reversed and the application approved, subject to a condition requiring removal of the corner section of fence, from its southernmost point of the site to the street lighting column, and replacement with soft landscaping.

           

            Members voted as follows:-

 

            Motion             - 5 votes

Amendment     - 3 votes

 

The motion was accordingly carried and the application refused,

 

DECISION

AGREED that:-

 

(a)        the request for 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 and the application be refused, for the reasons detailed in Appendix I to this Minute. 

 

2.

Continuation: Consider request for review of refusal of application for erection of dwellinghouse with detached garage on land NW of Strathmyre, Old Belses, Jedburgh. 20/00486/FUL. 20/00022/RREF. pdf icon PDF 3 MB

Copies of the following papers attached:-

Additional documents:

Minutes:

With reference to paragraph 1 of the Minute of 19 October 2020, there had been re-circulated copies of the request from Mr Neil Fortune and Ms Valerie Mauchlen, per Ferguson Planning, 54 Island Street, Galashiels, to review the decision to refuse the planning application for erection of dwellinghouse with detached garage on land north west of Strathmyre, Old Belses, Jedburgh. The supporting papers included the Notice of Review; Decision Notice; Officer’s Report; papers referred to in the Officer’s Report; Consultations; general comment; and a list of policies. Also circulated were comments from the Planning Officer and Roads Planning Officer to the new drawings included with the Notice of Review documentation and response to those comments by the applicant.  Members agreed there was a building group within the vicinity of the site and that there was capacity to add to that group.  In discussing the relationship of the site with the group Members paid particular attention to the proposed boundary treatments which they felt would form a strong boundary to the group. They went on to consider issues of road safety and taking into account all the evidence presented, concluded that there were no road safety reasons to oppose the development. Members did express some concerns about the design of the house and garage but felt these could be addressed by an appropriate condition ensuring certain revisions were agreed with the Planning Officer.

 

DECISION

AGREED that:-

 

(a)        the review could be considered without the need for any further procedure on the basis of the papers submitted and the additional written submissions;

 

(b)       the proposal would be consistent with the Development Plan and that there were no other material considerations that would justify departure from 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 II to this Minute.

 

 

MEMBERS

Having not been present when the following review was first considered, Councillors Anderson and Moffat left the meeting.

 

3.

Decision as to process to be followed in respect of request for review of refusal of application for demolition of garage and erection of dwellinghouse in garden ground of Clifton Cottage, High Street, Kirk Yetholm. 20/00453/FUL. 20/00018/RREF. pdf icon PDF 10 MB

As part of requested further procedure, written submissions attached as follows:-

 

Further information from applicant     - page 133

Responses to additional information - page 137

Further comment from applicant        - page 147

           

Additional documents:

Minutes:

3.1       With reference to paragraph 3 of the Minute of 17 August 2020 the Local Review Body were asked to consider the process to be followed in respect of the request for review of refusal of the application for demolition of a garage and erection of a dwellinghouse in garden ground of Clifton Cottage, High Street, Kirk Yetholm.  When this review was first considered by the Review Body on 17 August 2020, Members had requested further procedure in the form of an unaccompanied site visit and further written submissions. In terms of the written submissions, the further information requested from the applicant and responses to that information from interested parties had been provided and had been circulated with the agenda.  In terms of holding a site visit, this was delayed due to required risk assessments etc in associated with Covid-19 restrictions and restrictions had since been tightened further. The Council had formalised the process for assessment of its activities under the restrictions with the result that a site meeting could not be held. The Chief Legal Officer therefore asked Members to consider the manner in which the review should be conducted in the current circumstances.  She emphasised that, although Members could take into account the written submissions received and circulated these should be considered at this meeting only within the context of the decision about the further process to be followed in order to make a determination. A key element for Members was to consider whether there were any alternative ways of viewing the site.

 

3.2       After discussion and with further advice from the Chief Legal Officer, Members decided to have a virtual site meeting, by asking the Planning Advisor to the Local Review Body to attend the site unaccompanied and take video footage of the site and immediate surroundings. They agreed that the video footage should be presented at a Local Review Body oral hearing session to which all parties would be invited and be given the opportunity to contribute.  Members asked that before the video footage was taken, all interested parties be given the opportunity to suggest particular viewpoints from which footage should be taken and what the footage should include. They also considered it would be particularly useful for a temporary profile to be erected on the site to indicate the proposed ridge height of the dwellinghouse, and for the Planning Advisor then to take video footage of the site with the profile in place. They asked for the feasibility of this to be explored.

 

3.3       With reference to the further written submissions that had been provided, Members noted the dispute between the applicant’s agent and one of the objectors over the accuracy of the measurements in producing the cross section to demonstrate the relationship of the proposed house with the neighbouring house to the north. To advise on these matters, they requested further clarification from the Planning Officer regarding the acceptability of the measurement methodology and accuracy of the measurements taken. Members understood that  ...  view the full minutes text for item 3.

 

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