Agenda and minutes

Minute of Meeting of 1 February 2016 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 1 February 2016.

         DECISION

         APPROVED for signature by the Chairman.

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 I to this Minute.

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

3.      SUPPLEMENTAY GUIDANCE: GLENTRESS MASTERPLAN

         With reference to paragraph 2 of the Minute of 3 August 2015,there had been circulated copies of a report by the Service Director Regulatory Services which sought approval of the Supplementary Guidance Glentress Masterplan as detailed in Appendix A of the report.  The purpose of the Supplementary Guidance (SG) was to guide the future sustainable development of the Glentress forest visitor attraction located in the Tweed valley between Peebles and Innerleithen.  The Masterplan presented a strategic context for this part of the valley and set out proposals for development to enhance the visitor attraction.  The Masterplan included indicative proposals for an enhanced centre, a new site for cabins and parking and had been developed in partnership with Forest Enterprise Scotland.  Ms Leona Wilkie, Forest Enterprise, Scotland was present and reported that there had been very good collaborative working, a good consultation process and the next steps would be to bring forward some small schemes.   

3.1    The report brought forward the revised SG: Glentress Masterplan following public consultation.  A summary of the consultation responses were set out in Appendix B to the report along with associated minor amendments and updates to the SG.  The key changes to the finalised SG as a result of the public consultation related to additional wording in respect to landscape planting, ensuring an acceptable access was maintained in the event that development takes place ‘out of phase’, consideration of secure bike storage/parking, additional text in relation to flood risk, provision for a rendezvous point, and ensuring minimal potential for overlooking of neighbouring residential properties.

3.2     A new Local Development Plan was in the process of being adopted; and as a result the Glentress Masterplan would initially be Supplementary Planning Guidance in determination of planning applications.  Once the Local Development Plan was adopted the Masterplan would be formal Supplementary Guidance and part of the Local Development Plan.  The Chairman thanked the officers involved in the development of the Masterplan and noted the amendments which had been made as a result of the consultation process.

DECISION

(a)     AGREED the Glentress Masterplan as Supplementary Guidance.

(b)     NOTED the updated Environmental Report and Updated Habitats

   Regulations Appraisal set out in Appendices D and E to the report.

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

4.           DRAFT SUPPLEMENTARY PLANNING GUIDANCE: HENDERSYDE, KELSO

              There had been circulated copies of a report by the Service Director Regulatory Services which sought approval of the Supplementary Guidance: Hendersyde, Kelso detailed in Appendix A to the report to be used as a basis for public consultation for a 12 week period.  The report explained that the site was allocated for housing within the Proposed Local Development Plan.  The site requirements contained within the Plan stated a planning brief in the form of Supplementary Guidance would be prepared for the site.  The Council had prepared the draft brief in order to lay down how the site could be developed, creating a development vision, identifying opportunities the site offered, addressing potential constraints, identifying required development contributions and encouraging good quality new development.  The brief would provide guidance to any developer or any other interested party and would be a material consideration when determining planning applications.  A new Local Development Plan was in the process of being adopted; as a result the Hendersyde Planning Brief would initially be Supplementary Planning Guidance.  Once the Local Development Plan was adopted the Planning Brief would be formal Supplementary Guidance and part of the Local Development Plan.

4.1         The report further explained that the site at Hendersyde was located to the north east of Kelso within the settlement boundary adjacent to Hendersyde Park.  The site was originally identified as part of a longer term housing site within the adopted Local Plan 2011 (SKELS002).  Within the Proposed Local Development Plan 2013, the western part of the site which was the subject of the brief had been brought forward and allocated for housing as Hendersyde - Phase 1 (AKELS022).  The site was a greenfield site and currently used as arable agricultural land.  The site area was 5.4ha and had an indicative capacity of 120 units.   It was intended that access to the site would be taken from the B6461 and the site would have a pedestrian link to Broomlands Primary School and Kelso town centre.  Any response received during the 12 week public consultation would be considered in the finalisation of the brief.  In response to a question the Forward Planning Manager advised that while it would be preferable to retain the existing stone wall it might need to be relocated to achieve the necessary road visibility. 

         DECISION

         AGREED:-

(a)      the Planning Brief as a basis for public consultation for a 12 week period, and that if there were any substantive comments then they should be reported back to the Committee; and

(b)      that if there were no substantive comments arising from the consultation that the brief be delegated for approval to the Service Director of Regulatory Services as Supplementary Guidance as part of the Local Development once the Local Development Plan had been adopted.

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

              DRAFT SUPPLEMENTARY PLANNING GUIDANCE: EAST MAXTON, MAXTON MINI PLANNING BRIEF

There had been circulated copies of a report by the Service Director Regulatory Services which sought approval of the Supplementary Guidance: East Maxton, Maxton Mini Planning Brief detailed in Appendix A to the report to be used as a basis for public consultation for a 12 week period.  The report explained that the site was allocated for housing within the Proposed Local Development Plan.  The site requirements contained within the Plan stated a planning brief in the form of Supplementary Guidance would be prepared for the site.  The Council had prepared the draft brief in order to lay down how the site could be developed, creating a development vision, identifying opportunities the site offers, addressing potential constraints, identifying required development contributions and encouraging good quality new development.  The brief would provide guidance to any developer or any other interested party and would be a material consideration when determining planning applications.  A new Local Development Plan was in the process of being adopted; as a result the East Maxton mini planning brief would initially be Supplementary Planning Guidance.  Once the Local Development Plan was adopted the Planning Brief would be formal Supplementary Guidance and part of the Local Development Plan.  It was noted that the 30mph limit might require to be moved to reduce the speed of traffic from the Kelso direction.

DECISION

AGREED

(a)       the mini planning brief as a basis for public consultation for a 12   week period, and that if there are any substantive comments then they should be reported back to this committee; and

(b)       that if there were no substantive comments arising from consultation that the brief should be delegated for approval to the Service Director of Regulatory Services as Supplementary Guidance as a part of the Local Development Plan, once the Local Development Plan had been adopted.

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

              APPEALS AND REVIEWS

         With reference to paragraph 3.1 of the Minute of 1 February 2016, the Chairman thanked the Development Standards Manager for the briefing note, which had been circulated to all members of the Planning and Building Standards Committee and detailed the position in respect of all wind farm applications and potential applications.  The briefing had been very informative and the Chairman requested such an update on a six monthly basis, highlighting any changes.  There had been circulated copies of a report by the Service Director Regulatory Services on Appeals to the Scottish Ministers and Local Reviews. 

         DECISION

         NOTED that:-

(a)       a review request had been received in respect of the Installation of the siting of caravan for permanent residence (retrospective) on Land South of Camphouse Farmhouse, Camptown, Jedburgh  – 15/00769/FUL;

(b)  the Local Review upheld the Appointed Officers  decision to refuse the Erection

 of a dwelinghouse on Land West of Craigerne Coachhouse, Edderston Road,  

 Peebles – 15/01034/FUL

(c)  there remained three appeals outstanding in respect of:

·           Land South East of Halmyre Mains Farmhouse (Hag Law), Romanno

  Bridge

·               Land North East and North West of Farmhouse Braidlie (Windy Edge),    Hawick

·               Land North of Upper Stewarton, (Kilrubie Wind Farm Development), Eddleston, Peebles

(d)  There remained 3 Section 36 Appeals Outstanding in respect of:

·               Land North of Nether Monynut Cottage (Aikengall (IIa)), Cockburnpsath

·               Cloich Forest Wind Farm, Land West of Whitelaw Burn, Eddleston

·               (Whitelaw Brae Wind farm), Land South East of Glenbreck House, Tweedsmuir.

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 items of business on the grounds that they involve the likely disclosure of exempt information as defined in the relevant paragraphs of Part 1 of Schedule 7A to the aforementioned Act.”

         PRIVATE BUSINESS

7.       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 III 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

1.         MINUTE

     The Committee considered the private section of the Minute of 1 February 2016..

2.       DANGEROUS CHIMNEY AND MASONRY AND DEFECTIVE ROOF COVERING, RAINWATER GOODS AND DRY ROT AT 2 HIGH STREET AND 12 MARKET PLACE, JEDBURGH 

The Committee considered a report by the Chief Planning Officer.

3.         SCOTTISH BORDERS LOCAL DEVELOPMENT PLAN: EXAMINATION REPORT

The Committee considered a reply from the Chief Planner.

4.         URGENT BUSINESS

          Under Section 50B(4)(b) of the Local Government (Scotland) Act 1973, the Chairman was of the opinion that the item dealt with in the following paragraph should be considered at the meeting as a matter of urgency, in view of the need to keep Members informed.

5.       LISTED BUILDINGS   

The Committee were given a verbal update on Listed Buildings.

DECISION

NOTED.

The meeting concluded at 12.40 p.m.

Private Minute of 1 February 2016 to be approved and signed by the Chairman.  (Copy attached.)

Consider report by Chief Planning Officer.  ( Copy attached.)

Consider the following:-

(a)  Chairman’s response to Chief Reporter

(b)  Letter received from Chief Planner

(Copies attached.)

4.       URGENT BUSINESS

          Under Section 50B(4)(b) of the Local Government (Scotland) Act 1973, the Chairman was of the opinion that the item dealt with in the following paragraph should be considered at the meeting as a matter of urgency, in view of the need to keep Members informed.

5.       LISTED BUILDINGS   

Mr Gueldner, Lead Officer Enforcement advised that the list of Listed Buildings would be  re-visited and given a High/Medium/Low rating and this would be used to  report on the works required at Trinity Church, Kelso.

DECISION

NOTED.