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.

Declarations of Interest.

Minutes:

CHAIRMAN

The Chairman gave a particular welcome to Councillor Neil Richards to his first meeting of the Local Review Body.

 

Councillors Ramage and Richards declared an interest in the following item of business in terms of Section 5 of the Councillors Code of Conduct and left the Chamber during the discussion.

 

2.

Consider request for review of refusal of application for erection of fence on land SE of bungalow, Denholm Mill, Denholm. 19/00857/FUL. 19/00031/RREF. pdf icon PDF 73 KB

Copies of the following papers attached:-

Additional documents:

Minutes:

There had been circulated copies of the request from Denholm Mill Proprietors Association to review refusal of the planning application for erection of fence on land south east of bungalow, Denholm Mill, Denholm. The supporting papers included the Notice of Review; Decision Notice; Officer’s Report; papers referred to in the Officer’s Report; Consultations; representations; and a list of policies.  Members noted that the proposal was for a post and wire fence of 1.8m height and that a lower fence of up to 1.0m in height would not have needed planning permission and would have had less visual impact. Being located in a prominent position within a Conservation Area, Members concluded, after discussion, that the fence at the height proposed was not an appropriate boundary treatment.

 

DECISION

AGREED that:-

 

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

 

(b)       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

 

(c)        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. 

 

3.

Consider request for review of refusal of application for erection of dwellinghouse on land SW of Carlenrig Farm, Teviothead. 19/00514/FUL. 19/00032/RREF. pdf icon PDF 94 KB

Copies of the following papers attached:-

Additional documents:

Minutes:

There had been circulated copies of the request from Mr Walter Douglas, per Smith & Garratt, The Guildhall, Ladykirk, to review the decision to refuse the planning application for erection of dwellinghouse on land south west of Carlenrig Farm, Teviothead.  The supporting papers included the Notice of Review (including the Decision Notice and Officer’s Report); papers referred to in the Officer’s Report; application referred to in appellant’s statement; Consultations; and a list of policies. The Planning Advisor drew Members’ attention to whether certain matters included in the review documents constituted new evidence under Section 43B of the Act and whether or not this evidence could be referred to in their deliberations. This related to further information on a revised planning application for the proposed agricultural building adjoining the site, including drawings and photomontages.  The Review Body were informed that planning permission for that building, in a revised position, had now been granted and that the combined impact of the house with the agricultural building in its original position related directly to one of the reasons for refusal of the house. Members considered that the information did meet the Section 43B test, was material to their consideration and could be considered.  Members agreed that there was economic justification for a house providing the house and agricultural holding were tied together within a legal agreement.  They went on to discuss the visual impact of the proposed house, whether there were any alternative and more appropriate sites, the proposed design of the house including external materials and mitigation of visual impact through new planting.  In conclusion they agreed that there appeared to be no alternative and more appropriate sites for the dwellinghouse and that any landscape impacts could be mitigated through appropriate planting and materials.

 

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, relating to the approved application for the agricultural building in a revised position, met the test for new evidence 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 was consistent with the Development Plan; and

 

(e)        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 II to this Minute. 

 

 

4.

Consider request for review of refusal of application for erection of dwellinghouse and garage on land E of Auburn Cottage, Ashkirk. 19/01000/PPP. 19/00033/RREF. pdf icon PDF 93 KB

Copies of the following papers attached:-

Additional documents:

Minutes:

There had been circulated copies of the request from Mr & Mrs C & W Davies, per Ferguson Planning, Shiel House, 54 Island Street, Galashiels, to review the decision to refuse the planning application for erection of dwellinghouse and garage on land east of Auburn Cottage, Ashkirk.  The supporting papers included the Notice of Review (including the Decision Notice and Officer’s Report); papers referred to in the Officer’s Report; Consultations; and a list of policies. The Planning Advisor drew attention to new evidence submitted with the Notice of Review documentation in the form of new and more detailed planting proposals surrounding the application site. Members considered that the information did meet the Section 43B test, was material to their consideration and could be considered. In their initial discussion Members accepted that there was a building group at the location and that there was capacity to expand the building group.  They went on to consider whether the proposed site was an appropriate addition to the group, noting that there appeared to be no other suitable sites available within the group and that there was no strong boundary between the site and Auburn Cottage.  It was noted that the tree planting proposals around the application site should effectively create a stronger more defensible boundary to the group.  Some concerns were expressed that the proposal constituted ribbon development and after further debate Members’ opinion remained divided as to whether the development would be an appropriate addition to the building group.

 

VOTE

 

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

 

Councillor Mountford, seconded by Councillor Hamilton, moved as an amendment that the decision to refuse the application be reversed and the application approved.

 

On a show of hands Members voted as follows:-

 

Motion             - 3 votes

Amendment     - 6 votes

 

The amendment was accordingly carried and the application was 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)       new evidence in the form of new and more detailed tree planting proposals met the test for new evidence 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 was consistent with the Development Plan; and

 

(e)        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 III to this Minute. 

 

 

CHAIRMAN

As this was the last meeting that would be attended by solicitor Emma Moir prior to her departure from Scottish Borders Council, the Chairman thanked her for her support to the Planning & Building Standards Committee and Local Review Body and wished her well for the future.

 

 

CONTACT US

Scottish Borders Council

Council Headquarters Newtown St. Boswells Melrose TD6 0SA

Tel: 0300 100 1800

Email:

For more Contact Details