Agenda and minutes

Minutes of Meetings to be approved and signed by the Chairman.  (Copies attached.)

1.            Minute

There had been circulated copies of the Minute of the Meetings held on 25 June 2018 and 16 July.

         DECISION

         APPROVED for signature by the Chairman.

          DECLARATION OF INTEREST

Councillor Hamilton declared an interest in Application 17/01255/FUL in terms of Section 5 of the Councillors Code of Conduct and left the Chamber during the discussion.

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

LOCAL BIODIVERSITY ACTION PLAN

There had been circulated copies of a report by the Service Director Regulatory Services proposing approval of an updated Local Biodiversity Action Plan.  The report explained that The Local Biodiversity Action Plan (LBAP) was originally approved by the Council in 2001, with further detail under the plan being provided by a series of Habitat Action Plans produced between 2003 and 2010.  The LBAP formed one of the key elements of the Council’s Biodiversity duty under the Nature Conservation (Scotland) Act 2004 which provided a framework of actions for the Council and its partners to further the conservation of biodiversity in Scottish Borders.  The Scottish Biodiversity Strategy was originally published in 2004, and was updated in 2013 adopting an ecosystem approach.  The Council’s regional pilot land use framework, produced under the Land Use Strategy pilot (2013-2015) tested an ecosystem approach and was applied to the refresh of the LBAP.  The LBAP was identified as proposed Supplementary Guidance in the Local Development Plan.  The LBAP informed the Council’s Supplementary Guidance for biodiversity and Policy EP3 Local Biodiversity. The purpose of the updated LBAP was to protect and enhance biodiversity in Scottish Borders, taking into account changes in national policy and was set out in Appendix A to the report.  It was proposed to submit the LBAP for a 12 week period of public consultation as supplementary guidance to enable stakeholders, communities and members of the public to give their views.  The Members commended officers on their work and noted that the consultation would be highlighted at the forthcoming Area Partnership meetings. Members discussed the paper and highlighted the impact of plastic pollution.

DECISION

(a)        APPROVED the updated Supplementary Guidance set out in the Local

            Biodiversity Action Plan as a basis for public consultation.

(b)       NOTED the Environment Report as set out in Appendix B to the report.

(c)        AGREED that:-

            (i)    the paper may subsequently be adopted as Supplementary Guidance provided no substantive objections were received during the consultation period; and

(ii)   in the event of substantive objections being received a further report be presented to the Planning & Building Standards Committee detailing the terms of those objections and setting out any amendments that were considered appropriate.

Presentation by Team Leader (Built Heritage & Design)

            SELKIRK CONSERVATION AREA REGENERATION SCHEME (CARS)              

            The Lead Officer for Built Heritage and Design was present at the meeting and gave a presentation, which noted the successful completion of the Selkirk CARS (Conservation Area Regeneration Scheme).  The works undertaken in Selkirk had completed in March 2018 following a 5 year project and the final report and evaluation would be submitted to Historic Environment Scotland by the end of September 2018.  There had been 7 priority buildings totalling £1m of which £441k was grant funded and 49 general repairs grants totalling £528k.  There had been extensive work carried out in the Market Place, which had been largely pedestrianised. The presentation also summarised the associated completed Selkirk Conservation Area Character Appraisal and Conservation Management Plan.

DECISION

NOTED.

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)        Appeals had been received in respect of:-

                               (i)         Erection of 2 No wind turbines 11.8m high to tip on Land

                                                       South West of 6 Lamberton Holding, Lamberton – 17/01348/FUL

                                                   (ii)       Work to trees on Land West of Glenkinnon Lodge, Peelburnfoot, Clovenfords – 18/00621/TPO (subsequently withdrawn);

(b)        Scottish Ministers had upheld  an appeal in respect of the construction of wind farm comprising 7 No turbines up to 14.9m high to tip, 5 No.  turbines up to 130m high to tip and associated infrastructure on land South West of Lurgiescleuch (Pines Burn), Hawick – 17/00010/FUL

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

·                     Land South West of Easter Happrew Farmhouse, Peebles

·                     Hutton Hall Barns, Hutton

·                     Land North West of Gilston Farm, Heriot

            (d)       Review Requests had been received in respect of:-

(i)        Erection of dwellinghouse and associated access road, parking area and combined entrance/layby on land West of Langton Birches, Duns – 18/00270/PPP;

(ii)        Change of use from retail (Class 1) to mortgage shop

(Class 2) and external re-decoration at 37 Bank Street, Galashiels – 18/00764/FUL;

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

(i)        Change of use of agricultural buildings and alteration to form 12 No dwellinghouses at Agricultural Buildings, South East of Merlewood, Hutton Castle barns, Hutton – 16/01371/FUL, subject to conditions, informatives and Section 75 Legal Agreement;

(ii)       Part change of use of paddock to form new access and drive to dwellinghouse, erection of gates and summerhouse and formation of new parking area and tennis courts at Southbank and Paddock, South East of Southbank, Bowden, Melrose – 17/01362/FUL, subject to conditions and informatives.

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

(i)        Erection of dwellinghouse on Land South West of 1 Hill Terrace, Stow – 17/01734/PPP;

             (ii)        Erection of dwellinghouse on land North West of

                         Doonbyre, Smith’s Road, Darnick – 18/00287/FUL

(g)     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