Scottish Borders Council

Agenda and minutes

Venue: Scottish Borders Council, Council Headquarters, Newtown St Boswells TD6 0SA

Contact: Fiona Henderson 01835 826502  Email:

No. Item


Minute. pdf icon PDF 98 KB

Minute of Meeting of 7 October 2019 to be approved and signed by the Chairman.  (Copy attached.)


1.            Minute.

There had been circulated copies of the Minute of the Meeting held on 7 October 2019.



         APPROVED for signature by the Chairman.



Declaration of Interest


Councillor Ramage declared an interest in application 19/00947/FUL in terms of Section 5 of the Councillors Code of Conduct and left the Chamber during the discussion.



Applications. pdf icon PDF 1 MB

Consider the following application for planning permission:-

Additional documents:


3.            Applications.

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



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



Town Centre Core Activity Area Pilot Study pdf icon PDF 153 KB

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

Additional documents:


With reference to paragraph 1 of the Minute of 16 July 2018, there had been circulated copies of a report by the Service Director Regulatory Services which informed the Committee of any impacts the Pilot Study had in the determining of planning applications within the trial period.  The report explained that the primary purpose of the study was to examine ways to revitalise and reinvigorate the town centres of Hawick and Galashiels by adding more flexibility to policy ED4 (Core Activities in Town Centres) within the adopted Local Development Plan (LDP) 2016.  In essence the study had recommended the removal of the core activity area in Hawick.  It also recommended the retention of the core activity area in Galashiels whilst proposing a wider and more flexible range of uses which could be supported.  The study also set out policy guidance relating to policy ED4 to be applied more broadly within other core activity areas within Scottish Borders towns’ i.e.  Galashiels, Peebles, Kelso, Melrose, Jedburgh, Selkirk, Eyemouth and Duns.  As the Pilot Study proposed to remove the core activity area from Hawick this would not be relevant to Hawick.  The guidance stated that if premises had been vacant for 6 months and evidence was submitted which confirmed it had been adequately advertised for a substantial period of that time, then that would carry weight in the decision making process. Policy ED4 also made reference to the need to give consideration of any “significant positive contribution” in relation to proposals within the core activity.  The study expanded upon examples of what were considered to be factors determining “significant positive contribution”.  In order to monitor the impacts of the recommended courses of action it was considered the study should operate as a Pilot Study for a trial period of one year.  This allowed the opportunity to draw conclusions as to the success or otherwise of these amendments and also allowed the findings to be brought forward and considered for incorporation into the proposed new Local Development Plan.  All planning applications submitted within core activity areas of town centres within the Scottish Borders were noted within the 1 year Pilot Study period from 17th July 2018 to 17th July 2019.  In total 15 applications were submitted within the trial period.  Although this was a relatively low number it was noted that many changes of uses of premises could take place without the need for planning permission.  The 2019 footfall studies were also shared with Members.  Members voiced concerns about the downward spiral in town centre shopping coupled with parking issues and were advised by the Principal Officer, Plans, Research, Environment that the policy allowed for flexibility to try and encourage town centre businesses.




(a)     Note the findings of the Pilot Study – which were summarised in Appendix B to the report; and  

(b)     extend the Pilot Study period until the new Town Centre Retail Policy was confirmed in the new Local Development Plan.  



Draft Supplementary Planning Guidance: Sustainable Urban Drainage Systems (SUDS) pdf icon PDF 128 KB

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

Additional documents:



There had been circulated copies of a report by the Service Director Regulatory Services which sought approval of the Draft Supplementary Planning Guidance on Sustainable Urban Drainage Systems (SUDS), which, if approved would become a material consideration in the determination of planning applications.  The aim of the new Supplementary Planning Guidance was to support the effective implementation of Local Development Plan Policies PMD1–Sustainability, IS8 - Flooding and IS9 – Waste Water Treatment Standards and Sustainable Urban Drainage.  It also aimed to give more awareness to interested parties of the various SUDS requirements to be incorporated within planning applications.  It was proposed that the Draft Supplementary Planning Guidance was subject to public consultation for a period of 12 weeks.  Following consultation, it was intended that if substantive comments were received a report would be brought back to the Planning and Building Standards Committee to seek final agreement.  The Members welcomed the report which explained in detail, the purpose of SUDS and gave an example of what a good SUDS looked like.  Members welcomed the report and the Principal Officer, Plans, Research, Environment answered members questions.




a)         Use of the document as a Draft Supplementary Planning Guidance on Sustainable Urban Drainage (Appendix A) to be used as a basis for public consultation.

b)        Delegate authority to the Chief Planning Officer to approve the final document as Supplementary Planning Guidance if there were no substantive comments arising from the public consultation.



Appeals and Reviews. pdf icon PDF 137 KB

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


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



              NOTED that:-


(a)       there remained 2 appeals outstanding in respect of :-


(i)      Land West of Whitslaid (Barrel Law), Selkirk; and


(ii)     Land North West of Gilston Farm, Heriot


(b)       Review requests had been received in respect of


(i)        Replacement windows at 5 -1 Sandbed, Hawick – 19/00203/FUL;


(ii)       Erection of dwellinghouse and agricultural building on Land North East of Hoprigshiel Farmhouse, Cockburnspath – 19/00590/FUL; and


(iii)      Erection of dwellinghouse on Land North East of Maxton House, St Boswells – 19/01178/PPP


(c)       the decision of the Appointed Officer had been upheld in respect of   Erection of dwellinghouse and detached garage(approval of all matters specified in conditions 18/01256/PPP) on Land South East of Dundas Cottage, Selkirk – 18/00521/AMC


(d)       there remained no reviews previously reported on which decisions were still awaited when the report was prepared on 28th October 2019.


(e)     there remained 3 S36 PLI’s previously reported on which decisions were still awaited when the report was prepared on 28th October 2019.  These related to


·            Fallago Rig 1, Longformacus

·               Fallago Rig 2, Longformacus

·            Crystal Rigg Wind Farm, Cranshaws, Duns




The meeting concluded at 1.10 p.m. 




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