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 erection of dwellinghouse with associated access road, parking area and combined entrance/layby on land west of Langton Birches, Duns. 18/00270/PPP. 18/00017/RREF. pdf icon PDF 87 KB

Copies of the following papers attached:-

Additional documents:

Minutes:

There had been circulated copies of the request from Mrs Clare Fleming, per R G Licence Architect, Hillend, Ednam, Kelso for review of refusal of the planning application in respect of erection of dwellinghouse with associated access road, parking area and combined entrance/layby on land west of Langton Birches, Duns. The supporting papers included the Notice of Review; Decision Notice; officer’s report; papers referred to in the officer’s report; consultation; and a list of relevant policies. Members accepted that there was a building group at Langton Birches and that there was capacity within planning policy to add to that group.  They went on to discuss whether the application site, which was within elongated garden ground of Langton Birches, was part of the building group and whether the proposed development would be a suitable addition to the group.  In their discussion as to whether the site could accommodate a dwellinghouse Members noted that the application was for planning permission in principle.  They also noted that a new shared access/layby arrangement for Langton Birches and the new house had addressed the concerns of the Roads Planning Officer. After a lengthy debate Councillor Fullarton moved that the officer’s decision be upheld and the application refused but the motion was not seconded and the majority were in support of the application.

 

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, an informative and a legal agreement, for the reasons detailed in Appendix I to this Minute. 

 

2.

Consider request for review of refusal of application for change of use from retail to tattoo studio (retrospective) at 52 Bank Street, Galashiels. 18/00398/FUL. 18/00020/RREF. pdf icon PDF 81 KB

Additional documents:

Minutes:

There had been circulated copies of the request from Mr Craig Oliver, 27 Marigold Drive, Galashiels, for review of refusal of the planning application in respect of change of use from retail to tattoo studio (retrospective) at 52 Bank Street, Galashiels.  Included in the supporting papers were the Notice of Review; Decision Notice; officer’s report; papers referred to in the officer’s report; consultations; and a list of relevant policies.  Members noted that the application was for a Class 2 use and that the site, formerly a retail unit and now vacant, was within the Core Activity Area in Galashiels where policy normally opposed any uses other than Classes 1 and 3. They also noted that the recently approved Town Centre Core Activity Area Pilot Study 2018 applied to Galashiels town centre and was material to their deliberations. Although the tattoo studio did not fall within the range of uses identified in the Pilot Study beyond the approved classes, Members

discussed whether the applicant had demonstrated the potential contribution of the proposed use to the retail function of the town and whether approval could therefore be justified on those grounds. 

 

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 a condition and informative, for the reasons detailed in Appendix II to this Minute. 

 

3.

Consider request for review of refusal of application for change of use from retail (Class 1) to mortgage shop (Class 2) and external re-decoration at 37 Bank Street, Galashiels. 18/00764/FUL. 18/00018/RREF. pdf icon PDF 84 KB

Copies of the following papers attached:-

Additional documents:

Minutes:

There had been circulated copies of the request from Mr Robin Purdie, 16 High Cross Avenue, Melrose, for review of refusal of the planning application in respect of change of use from retail (Class 1) to mortgage shop (Class 2) and external re-decoration at 37, Bank Street, Galashiels. The supporting papers included the Notice of Review; Decision Notice; officer’s report; papers referred to in the officer’s report; consultations; and a list of relevant policies.  Members noted that the application was for a Class 2 use and that the site, formerly a retail unit and now vacant, was within the Core Activity Area in Galashiels where policy normally opposed any uses other than Classes 1 and 3. They also noted that the recently approved Town Centre Core Activity Area Pilot Study 2018 applied to Galashiels town centre and was material to their deliberations.  Although the mortgage shop did not fall within the range of uses identified in the Pilot Study beyond the approved classes, Members attached weight to the fact that the proposal was for a ‘drop-in’ facility which would retain the traditional shop frontage.  Their ensuing discussion focused on whether the applicant had demonstrated that the business would make a positive contribution to the vitality of the town centre.

 

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, for the reasons detailed in Appendix III to this Minute. 

 

 

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