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 four dwellinghouses on land west of Thornwood Lodge, Weensland Road, Hawick. 18/01671/FUL. 19/00015/RREF. pdf icon PDF 84 KB

Copies of the following papers attached:-

Additional documents:

Minutes:

ORDER OF BUSINESS

The Chairman explained that, due to the number of reviews on the agenda, there would be a break for lunch after Item 7.  Consideration of the reviews of applications 19/00386/FUL and 17/01368/FUL would not commence before 1.00 pm.

 

 

 

 

There had been circulated copies of the request from Borders Low Carbon Developments Ltd, per Ferguson Planning, Shiel House, 54 Island Street, Galashiels, to review refusal of the planning application for erection of four dwellinghouses on land west of Thornwood Lodge, Weensland Road, Hawick.  The supporting papers included the Notice of Review; Decision Notice; Officer’s Report; papers referred to in the Officer’s Report; Consultations; Objections; and a list of policies. Members accepted that this was an infill site, noting that outline planning permission had previously been granted for three houses on a slightly larger site.  Their ensuing discussion focussed on the design of the proposed houses and the layout of the development, in terms of degree of setback. Particular attention was given to the contemporary features of the design which were associated with the low carbon approach to the development.  Members’ opinion was divided on these issues.

 

VOTE

 

Councillor Mountford, seconded by Councillor Anderson, moved that the decision to refuse the application be reversed and the application approved.

 

Councillor Small, seconded by Councillor Fullarton, moved as an amendment that the decision to refuse the application be upheld.

 

On a show of hands Members voted as follows:-

 

Motion             - 4 votes

Amendment     - 3 votes

 

The motion was accordingly carried and the application approved.

 

DECISION

DECIDED 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 consistent 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 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 71 KB

Copies of the following papers attached:-

Additional documents:

Minutes:

There had been 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. The Planning Advisor drew attention to new evidence submitted with the Notice of Review documentation regarding the access to the site, in the form of a drawing showing Visibility Sight Lines and information about improvement of visibility brought about by the clearance of vegetation as part of the plan to relocate the junction of the road to Cringletie Hotel.  This information had not been before the Appointed Planning Officer at the time of determination. The Review Body considered that the new evidence met the test set out in Section 43B of the Town and Country Planning (Scotland) Act 1997, and that this new information was material to the determination of the review. It was therefore agreed that there was a need for further procedure in the form of written submissions to afford the Roads Planning Officer the opportunity of assessing this new evidence and submitting his views.

 

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 new information 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 that the review could not be considered without further procedure in the form of written submissions in respect of that             new evidence;

 

(c)        to request representations from the Roads Planning Officer on the new evidence 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; and

 

(d)       consideration of the review be continued on a date to be arranged.

 

3.

Consider request for review of refusal of application for erection of dwellinghouse in garden ground of Beechwood, Pyatshaw, Lauder. 19/00358/PPP. 19/00017/RREF. pdf icon PDF 87 KB

Copies of the following papers attached:-

Additional documents:

Minutes:

There had been circulated copies of the request from Mr R Martin, per MKT Design, Beechwood, Pyatshaw, Lauder, to review refusal of the planning application for erection of a dwellinghouse in garden ground of Beechwood, Pyatshaw, Lauder.  Included in the supporting papers were the Notice of Review; Decision Notice; Officer’s Report; papers referred to in Officer’s Report; Consultation; and a list of policies. Members noted the planning history to the site and that, unless an exception was made, there was no capacity within Policy HD2 to further expand the number of dwellinghouses in the building group at Pyatshaw within the Local Development Plan period. Members also discussed the size of the proposed plot in relation to the size and spacing of other plots within the group.  After consideration of these issues Members concluded that there were no justifiable reasons to grant an exception to the policy in this case.

 

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 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 II to this Minute. 

 

4.

Consider request for review of refusal of application for erection of dwellinghouse on land East of Lilybrooke, West Flemington, Eyemouth. 19/00330/FUL. 19/00018/RREF. pdf icon PDF 91 KB

Additional documents:

Minutes:

There had been circulated copies of the request from Mr and Mrs Cook, per Ferguson Planning, Shiel House, 54 Island Street, Galashiels, to review refusal of the planning application for erection of a dwellinghouse on land east of Lilybrooke, West Flemington, Eyemouth.  The supporting papers included the Notice of Review; Decision Notice; Officer’s Report; papers referred to in Officer’s Report; Consultations; and a list of policies. Members accepted that there was a building group of four existing dwellinghouses at West Flemington.  They went on to discuss whether the proposed dwellinghouse was an appropriate addition to the building group and whether it was sympathetic to the character of the other buildings in the group.  In particular, concern was expressed about the visual impact and prominence of the proposed dwellinghouse in terms of its size, scale and massing.  Opinions remained divided as to whether the visual impact could be mitigated by the planting of a new boundary and the use of contrasting colours and/or materials on the house itself.

 

VOTE

 

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

 

Councillor Fullarton, seconded by Councillor Laing, moved as an amendment that the decision to refuse the application be reversed and the application approved, subject to conditions regarding the colour of the external finishes and an appropriate boundary planting scheme.

 

On a show of hands Members voted as follows:-

 

Motion             - 4 votes

Amendment     - 3 votes

 

The motion was accordingly carried and the application was refused.

 

 

DECISION

DECIDED 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 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 III to this Minute.

 

 

ADJOURNEMENT

The meeting was adjourned for lunch at 11.50 am and reconvened at 1.00 pm.

 

5.

Consider request for review of refusal of application for erection of porch at 2 Deloraine Court, Hawick. 19/00386/FUL. 19/00019/RREF. pdf icon PDF 69 KB

Copies of the following papers attached:-

Additional documents:

Minutes:

There had been circulated copies of the request from Porters Porches and Conservatories, per Aitken Turnbull Architects Ltd, 9 Bridge Place, Galashiels, to review refusal of the planning application for erection of a porch at 2 Deloraine Court, Hawick.  The supporting papers included the Notice of Review; Decision Notice; Officer’s Report; papers referred to in Officer’s Report; and a list of policies. Members, whilst sympathetic with the applicant, noted that the proposed porch was of a different size and design and of different character to the one erected on the adjoining house.  Members considered whether the design was in keeping with the character of the house and the surrounding area generally.

 

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 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 IV to this Minute. 

 

MEMBERS

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

 

CHAIRMAN

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

 

6.

Continuation of review of refusal of application for variation of Condition 4 of planning permission 16/00763/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 6 MB

Copies of the following papers attached:-

Additional documents:

Minutes:

With reference to paragraph 1 of the Minute of 27 May 2019, there had been re-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 16/00763/FUL to reinstate two windows in lieu of air conditioning units at Deans Bar, 3 Orrock Place, Hawick.  In response to the request from Members for further information in the form of written submissions, there had also been circulated further information from the applicant regarding noise limiting measures and a response from the Environmental Health Officer; and further information from the Planning Officer and Building Standards Officer regarding ventilation issues and a response from the applicant. In their deliberations Members took into account the information included in the Review documentation, all the information gathered as part of the oral hearing session and the additional evidence received in response to their request for further information.  In their discussion, Members firstly considered the submissions from officers regarding the ventilation system and noted the advice that the same system had been in use when the function room was previously used as a public bar and that it was considered appropriate to meet the functional standard.  Members’ attention then turned to the reinstatement of the two windows, the associated potential for additional noise nuisance and the additional information submitted relating to the effectiveness of proposed measures to mitigate against noise breakout. Whilst Members remained concerned over possible noise impacts, they gave consideration to the mitigation measures proposed and noted that separate powers were available to Environmental Health to control noise nuisance if that occurred.

 

DECISION

AGREED that:-

 

(a)          the review could be considered without the need for any further procedure on the basis of the papers submitted, the Hearing and the further information provided in the form of written submissions;

 

(b)          the proposal would be consistent 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 V to this Minute.

 

 

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