Agenda and minutes

Minute of Meeting 6 March 2017 to be approved and signed by the Chairman.  (Copy attached.)

          MINUTE

1.1    There had been circulated copies of the Minute of the Meeting held on 6 March 2017. February 2017.

         DECISION

         APPROVED for signature by the Chairman.

Consider the following application for planning permission:-

         APPLICATIONS

2.1    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 application as detailed in the Appendix to this Minute.

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

3.0     SUPPLEMENTARY PLANNING GUIDANCE: LANGTON EDGE, DUNS – PLANNING BRIEF 

3.1     There had been circulated copies of a report by the Service Director Regulatory Services which sought approval of Supplementary Planning Guidance in the form of a Planning Brief for Langton Edge, Duns.  The report explained that the Langton Edge site at Hardens Road in Duns was allocated in the adopted Local Development Plan 2016 for housing (BD200).  The site was allocated under policy PMD3 - Land Use Allocations.  The Council had prepared the 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.  The planning brief was set out in Appendix A to the report. 

3.2     The report brought forward the revised planning brief following the public consultation and a summary of the consultation responses were set out in Appendix Balong with the Council’s responses and recommended amendments to the brief, where considered appropriate.  One key point to note was that a Section 50 Legal Agreement was put in place on the land as part of the granting of planning consent for housing associated with an extension to the Duns Golf Club in 1994.  Part of the lengthy delay in referring the brief back to the Planning and Building Standards Committee was due to implications the Legal Agreement had on the implementation of the development.  This was explained further in part 4 of the report, although fundamentally the Legal Agreement would require to be amended to allow development of the land.  The amendment to the Legal Agreement would be subject to a separate formal application to the Council.  The Chairman thanked Mr Johnston and his team for all their hard work. 

          DECISION

          AGREED to approve the planning brief as Supplementary Planning Guidance to be used as a material consideration to any proposal for the development of the site.

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

          APPEALS AND REVIEWS

         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)       enforcement Appeals had been received in respect of:-

(i)                Erection of fence at 12 Merse View, Paxton – 16/00126/UNDEV; and

(ii)           Erection of Boundary fence and summerhouse in front garden of 1 Borthwick View, Roberton, Hawick – 16/00146/UNDEV              

(b)  there remained four appeals outstanding in respect of:-

(c)  review requests had been received in respect of the following :-

(i)             Erection of agricultural storage building with welfare accommodation in

          Field No 0328 Kirkburn, Cardrona – 16/01464/FUL;

(ii)             Erection of straw storage building in Field No. 0328 Kirkburn, Cardrona –    

  16/01506/FUL;

(iii)         Erection of machinery storage building in Field No. 0328 Kirkburn, Cardona – 16/01507/FUL;

(iv)         Erection of machinery storage building in Field No. 0328 Kirkburn, Cardrona – 16/01513/FUL and

(v)                 Erection of dwellinghouse on land East of Highland Brae, Lilliesleaf – 16/01536/PPP

(d)   there remained two reviews outstanding in respect of:-

·       Land East of Keleden, Ednam

·       Field No 0328 Kirkburn, Cardrona

(e)  that there remained three S36 Public Local Inquiry outstanding in respect of the     

     following:-

·                        Whitelaw Brae Wind Farm), South East of Glenbreck House, Tweedsmuir.

·                  Variation of condition 2 to extend operational life of wind farm by additional 5 years  at Fallago Rig 1, Longformacus

·                        Erection of 12 additional turbines at Fallago Rig 2, Lonformacus.

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’.

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 8 of Part 1 of Schedule 7A to the aforementioned Act.

             SUMMARY OF PRIVATE BUSINESS

6.0       MINUTE

The Committee considered the private section of the Minute of 6 March 2017.

7.0       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.

8.0       DEFECTIVE ROOF COVERING, RAINWATER GOODS AND DRY ROT AT 2 HIGH STREET AND 12 MARKET PLACE, JEDBURGH

The Committee received an update by the Principal Officer – Enforcement.

9.0       REQUEST TO REDUCE DEVELOPMENT CONTRIBUTION REQUIREMENTS, ROSETTA, PEEBLES

          The Committee considered and approved a report by the Service Director Regulatory Services.

The meeting concluded at 1.25 p.m.

Private Minute of the Meeting held on 6 March 2017 to be approved and signed by the Chairman.  (Copy attached.)

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