Scottish Borders Council

Agenda and minutes

Venue: The meeting will be conducted by Microsoft Teams and the link to the meeting is shown below. Information and guidance can be found at www.scotborders.gov.uk/onlinemeeting.

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 erection of dwellinghouse and formation of access, landscaping and associated works on land NW of Ramsacre, Thickside, Jedburgh. 20/00235/PPP. 20/00013/RREF. pdf icon PDF 95 KB

Copies of the following papers attached:-

Additional documents:

Minutes:

CHAIRMAN

The Chairman opened the meeting and welcomed Members of the Local Review Body and members of the public to the meeting.  The meeting was being held remotely in order to adhere to guidance on public meetings and social distancing currently in place, due to the Covic-19 pandemic.

 

 

There had been circulated copies of the request from Dr N. Miller, per Ferguson Planning, 54 Island Street, Galashiels, to review the decision to refuse the planning application for erection of a dwellinghouse and formation of access on land North West of Ramsacre, Thickside, Jedburgh. The supporting papers included the Notice of Review (including the Decision Notice and Officer’s Report); papers referred to in the Officer’s Report; Consultation; support comment; and a list of policies. In their initial discussion Members agreed that there was a building group in the vicinity of the proposed site and that there was capacity for an additional house.  Their ensuing consideration focussed on the relationship of the site to the building group and the potential visual and landscape impact of a house on the proposed site.  In doing so they noted the challenging nature of the site in terms of the sloping ground and proposed that the height of the design should be limited in order to be in character with the landscaped surroundings.  Members’ opinion was divided.  Councillor Fullarton moved that the officer’s decision be upheld and the application refused, but there was no seconder to this motion.  In terms of the height limitation that should be added by condition to planning consent there was a vote as follows:

 

VOTE

 

Councillor Mountford, seconded by Councillor Hamilton, moved that a condition be added to limit the height of the design to 1½ storeys.

 

Councillor Ramage, seconded by Councillor Anderson, moved as an amendment that a condition be added to limit the height of the design to 1 storey.

 

Members voted as follows:

 

Motion             - 5 votes

Amendment     - 4 votes

 

The motion was accordingly carried.

 

 

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 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 and informatives for the reasons detailed in Appendix I to this Minute.

 

2.

Consider request for review of refusal of application for change of use of land to form motor vehicle display and form sales office from industrial unit (renewal of previous consent 16/01363/FUL) and erection of new sales building (retrospective) at Unit 1B and land W of Riverside Works, Edinburgh Rd. Jedburgh. 20/00283/FUL. 20/00014/RREF. pdf icon PDF 86 KB

Copies of the following papers attached:-

Additional documents:

Minutes:

There had been circulated copies of the request from Mr James Hewit, per Ferguson Planning, 54 Island Street, Galashiels, to review the decision to refuse the planning application for change of use of land to form motor vehicle display and form sales office from industrial unit (renewal of previous consent 16/01363/FUL) and erection of new sales building (retrospective) at Unit 1B and incorporating land to West of Riverside Works, Edinburgh Road, Jedburgh.  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. Members noted that a previous temporary consent for use of the land and building for car sales had now expired but that, although apparently now occupied by a joinery business under Class 5, the premises had been occupied by the permitted use during the preceding three years without local opposition.  Members also noted that the land was allocated as a District industrial and employment site but after consideration were of the opinion that the application met most of the criteria to justify uses other than Classes 4 – 6.  They also took into account the prevailing situation of extreme economic fragility exacerbated by the Covid-19 crisis and in agreeing that planning consent was justified they agreed that this be on a temporary basis to avoid the permanent loss of allocated industrial and employment land at this site.  Members also agreed that landscaping treatment imposed by condition to the previous consent, which had not been carried out, be added as a suspensive condition to this planning consent.  They had no objection to the small sales building being retained permanently.  With regard to the length of temporary consent that should be approved, opinion was divided:

 

VOTE

 

Councillor Fullarton, seconded by Councillor Laing, moved that planning permission be granted for a temporary period of five years. 

 

Councillor Mountford, seconded by Councillor Small, moved as an amendment that planning permission be granted for a temporary period of ten years.

 

Members voted as follows:

 

Motion             - 5 votes

Amendment     - 4 votes

 

The motion was accordingly carried.

 

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 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 and informatives for the reasons detailed in Appendix Il to this Minute.

 

ADJOURNEMENT

The meeting was adjourned at 12 noon for 20 minutes.

 

3.

Consider request for review of refusal of application for change of use from residential flat to business use at 62 Shawburn Rd. Selkirk. 19/01579/FUL. 20/00015/RREF. pdf icon PDF 57 KB

Copies of the following papers attached:-

 

Additional documents:

Minutes:

There had been circulated copies of the request from Miss Penny Burgess, Towerbrae, 36 Tower Street, Selkirk, to review refusal of the planning application for change of use from residential flat to business use at 62 Shawburn Road, Selkirk. The supporting papers included the Notice of Review; Decision Notice; Officer’s Report; papers referred to in the Officer’s Report; Consultations; representation; and a list of policies. The Planning Advisor drew attention to information which had been submitted with the Notice of Review documentation but which had not been before the Appointed Planning Officer at the time of determination.  This related to further background and personal information including a tax related document.   Members agreed that the information was new but considered that it met the Section 43B test, was material to the determination of the Review and could be considered.  Members noted that the application was retrospective as the business use described was already being carried out in the residential flat and that there was no evidence of negative impact on residential neighbours.  Although they would prefer such business use to be located in a more appropriate industrial or mixed use surroundings, in accordance with the Local Development Plan, Members were sympathetic to the applicant’s situation and, taking into account the current difficult economic climate, were prepared to show flexibility.   They recognised that there was an economic benefit, in terms of viability, in allowing the business to continue at this location.  After further consideration Members concluded that the use should be limited to a temporary period which would allow the applicant to grow her business and have the opportunity of moving to a more appropriate location in time.

 

 

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)       new evidence submitted with the Notice of Review in the form of background and personal information met the test set out in Section 43B of the Town and Country Planning (Scotland) Act 1997 and could be considered;

 

(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 in keeping with the Development Plan; and

 

(e)        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.

 

4.

Consider request for review of refusal of application for erection of dwellinghouse on land NE of West Mains Farmhouse, Carlops. 19/01701/PPP. 20/00016/RREF. pdf icon PDF 99 KB

Copies of the following papers attached:-

 

Additional documents:

Minutes:

There had been circulated copies of the request from Mr Alasdair Mackenzie, per Ferguson Planning, 54 Island Street, Galashiels, to review refusal of the planning application for erection of dwellinghouse on land North East of West Mains Farmhouse, Carlops. The supporting papers included the Notice of Review (including the Officer’s Report); Decision Notice; papers referred to in the Officer’s Report; Consultations; and a list of policies. The Planning Advisor drew attention to new evidence, in the form of a sketch elevation of the proposed house. Members agreed that the information was new but considered that it met the Section 43B test, was material to the determination of the Review and could be considered.  Members initially discussed whether there was a building group present in the vicinity of the site, noting that the surrounding houses were dispersed and that any historical link between them appeared to be tenuous. They also discussed other issues relating to the proposal, including possible impact on trees. Whilst noting the family circumstances put forward by the applicant Members also noted that there had been no economic case put forward to support a dwellinghouse on this site.  Members’ opinion was divided as follows:-

 

VOTE

 

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

 

Councillor Small, seconded by Councillor Miers, moved as an amendment that the decision to refuse the application be reversed and the application approved, subject to a tree survey being carried out.

 

Members voted as follows:

 

Motion             - 5 votes

Amendment     - 4 votes

 

The motion was accordingly carried and the application 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)     new evidence submitted with the Notice of Review in the form of a sketch elevation of the proposed house met the test set out in Section 43B of the Town and Country Planning (Scotland) Act 1997 and could be considered;

 

(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 IV to this Minute. 

 

 

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