Agenda and minutes

Minute of Meeting 5^th November 2018 to be approved and signed by the Chairman.  (Copy attached.)

1.            Minute

There had been circulated copies of the Minute of the Meetings held on 5 November 2018.

         DECISION

         APPROVED for signature by the Chairman.

ORDER OF BUSINESS

The Chairman varied the order of business as shown on the agenda and the Minute reflects the order in which the items were considered at the meeting.

DECLARATION OF INTEREST

Councillor Miers declared an interest in Application 18/00814/FUL in terms of Section 5 of the Councillors Code of Conduct and left the Chamber during the discussion.  Councillor Anderson took the Chair for that item of business.

MEMBERS

Councillor Hamilton left the meeting so was not present for the consideration of Application 18/00792/FUL and then returned to consider the remaining items on the Agenda.

Consider the following application for planning permission:-

2.            ApplicationS

There had been circulated copies of reports by the Service Director Regulatory Services on applications for planning permission requiring consideration by the Committee.    

DECISION

DEALT with the applications as detailed in Appendix l to this Minute.

Consider Planning Authority response to appeals against non-determination in respect of March Street Mill, Peebles.  (Copy attached.)

            APPEALS AGAINST NON-DETERMINATION IN RESPECT OF 17/00063/PPP AND 17/00064/CON, MARCH STREET MILLS, MARCH STREET, PEEBLES 

4.1       With reference to paragraph 2 of the Minute of 5 November 2018, there had been circulated copies of an advice note prepared by Emma Moir, Solicitor.  The note advised that applications for the erection of residential units, the formation of a dwellinghouse from the engine house, the formation of office/employment use, the relocation of allotment space, the erection of workshop units with associated access and infrastructure works, and the demolition of the mill buildings were considered by the Planning and Building Standards Committee at their meeting held on 5^th November. Members resolved to continue consideration of the applications in order to carry out a site visit. 

4.2       It was further explained that prior to the site visit being carried out on 28 November 2018, the applicant lodged appeals with the Planning and Environmental Appeals Division of the Scottish Government (DPEA) against non-determination of the applications by the Planning Authority.  Applicants were entitled to appeal against non-determination within three months of the expiry of the normal four month determination period for a major application, or within 3 months of the expiry of the date of any Planning Processing Agreement (PPA) which had been voluntarily entered into, if later. The PPA for the above applications expired on 5^th November.  Following the Committee’s decision to continue the applications for a site visit, the applicant was invited to extend the PPA until the following meeting, but this was declined, and the appeals subsequently lodged.

4.3       The appeals had been accepted by the DPEA (references PPA-140-2071 and CAC-140-2000).  The effect of this being that the Reporter appointed by the Scottish Ministers would determine the applications and the Committee no longer had the remit to determine the applications. However, the Council had been asked to submit a Planning Authority Response Form (PARF) which would include a statement prepared by officers on behalf of the Committee providing further detail of the  Committee’s views on the appeals.  The Officer recommendation remained that the application be approved.  The Committee were therefore invited to consider whether the applications were acceptable on the planning merits and to provide officers with instructions on how to respond to the appeals on behalf of the Committee.  Members discussed the application in detail and discussed the issues of the allotments, retention of historic buildings and more employment opportunities.  Ultimately it was agreed that the application for planning permission in principle would have been refused by Committee on the grounds that the allotments should be retained in their current position and that the conservation area consent would also have been refused on the grounds that there was no appropriate redevelopment proposal in place for the buildings to be demolished.

DECISION

AGREED that had the appeal not been lodged, the Committee would have refused the applications on the grounds of retaining the allotments in their current position and no appropriate redevelopment proposal.

Consider report by Service Director Regulatory Services.  (Copy attached.)

3.         Appeals and Reviews

There had been circulated copies of a briefing note by the Chief Planning Officer on Appeals to the Scottish Ministers and Local Reviews. 

                        DECISION

                        NOTED that:-

(a)     an Appeal had been received in respect of the Erection of wind farm comprising 7 No wind turbines up to 132m high to tip, access tracks, hard standings, electrical control building and compound, borrow pits, ancillary infrastructure and associated groundworks  on Land West of Whitslaid (Barrel Law), Selkirk – 17/01255/FUL;

               (b)     an Appeal had been received in respect of works to trees situated at 22 Craigmyle Park, Peel – 18/01057/TPO;

          (c)     the Reporter had upheld an appeal in respect of the:-

                    (i)      Erection of poultry building on Land South West of Easter Happrew Farmhouse, Peebles – 16/01377/FUL; and

         (ii)     the Erection of poultry building and associated works at

                   Hutton Hall Barns, Hutton - 17/00623/FUL       

          (d)     there remained three appeals outstanding in respect of:-

·               Land North West of Gilston Farm, Heriot

·               Glenacre, Camptown, Jedburgh

·               Land East of Keleden, Ednam

(e)     a review request had been received in respect of replacement of shop front windows and door screens at Scott’s View Take-Away, Main Street, St Boswells  – 18/01010/FUL;

          (f)      the decision of the Appointed Officer had been Overturned in respect of:-

                        (i)      Erection of dwellinghouse (renewal of planning permission 15/00036/PPP) on Land North West of Chapel Cottage, Melrose – 18/00644/PPP; and

                    (i)      Erection of dwellinghouse on Land North East of Ladywood Lower Greenhill, Selkirk – 18/00929/PPP

          (g)     the decision of the Appointed Officer had been upheld in respect of:-

                    (i)      Change of Use from Class 4 to include Class 11 (Leisure) and Class 3 (Café) at Factor Plexus Facility, Tweedside Park, Tweedbank, Galashiels – 18/00635/FUL; and

                    (ii)     Erection of two dwellinghouses on Land North East of Stainie Brae, Lower Greenhill, Selkirk – 18/00832/PPP 

(h)     there remained one Review outstanding in respect of Elsielea, 61 West High Street, Lauder ;

(i)      there remained three Section 36 Public Local Inquiries Outstanding in respect of:-

·         Fallago Rig I, Longformacus

·         Fallago Rig 2, Longformacus

Birneyknowe Wind Farm, Land North, South, East and West of Birnieknowe Cottage, Hawick

Before proceeding with the private business, the following motion should be approved:-

‘That under Section 50A(4) of the Local Government (Scotland) Act 1973 the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in the relevant paragraph of Part 1 of Schedule 7A to the aforementioned Act’.

6.         Private BUSINESS

DECISION

          AGREED under Section 50A(4) of the Local Government (Scotland) Act 1973 to exclude the public from the meeting during consideration of the business detailed in the Appendix II to this Minute on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 6 of Part 1 of Schedule 7A to the aforementioned Act.

SUMMARY OF PRIVATE BUSINESS

7.         MINUTE

            There had been circulated copies of the Private Minute of 5 November 2018.

8.         ROOF REPAIRS AT CHAPEL STREET, INNERLEITHEN

            There had been circulated copies of a report by the Service Director Regulatory Services which sought authority to carry our roof repairs at 19, 21, 23, 23a, 23b and 25 Chapel Street, Innerleithen. 

9.         REQUEST TO REDUCE DEVELOPMENT CONTRIBUTION REQUIREMENTS WITH RESPECT OF A MIXED USE DEVELOPMENT COMPRISING RESIDENTIAL  DEVELOPMENT, RELOCATION OF ALLOTMENTS AND FORMATION OF WORKSHOPS AND EMPLOYMENT USES – MARCH STREET MILLS, PEEBLES

There had been circulated copies of a report by the Service Director Regulatory Services which sought a decision on the request made by the applicant for March Street Mills, Peebles to reduce development contribution requirements in accordance with exception policy provision to enable project viability and secure the proposed residential allotment and employee development within the site.  The report outlined options in relation to the issues of project viability and developer contributions.  In light of the decision of the Applicant to lodge an Appeal with the DPEA against non-determination, the Committee agreed that they could not consider the request until a decision on the planning application was known.   

   The meeting concluded at 1.40 p.m.

Private Minute of the Meeting held on 5 November 2018 to be approved and signed by the Chairman.  (Copy attached.)

Consider report by Service Director Regulatory Services.  (Copy attached.)  

Consider report by Service Director Regulatory Services.  (Copy attached.)