Scottish Borders Council

Agenda and draft minutes

Venue: Committee Room 2/3, Council Headquarters, Newtown St. Boswells

Contact: William Mohieddeen  Tel: 01835 826504; Email:  william.mohieddeen@scotborders.gov.uk

Link: live stream link

Items
No. Item

1.

Minute pdf icon PDF 151 KB

Consider Minute of the Meeting held on 6 November 2023 for approval and signature by the Chair.  (Copy attached.)

Minutes:

There had been circulated copies of the Minute of the Meeting held on 4 December 2023.

 

DECISION

AGREED to approve the Minute for signature by the Chair.

 

2.

Applications pdf icon PDF 2 MB

Consider the following applications for planning permission:

Additional documents:

Minutes:

There had been circulated copies of a report by the Chief Planning and Housing Officer on applications for planning permission which required consideration by the Committee.

 

DECISION

DEALT with the applications as detailed in Appendix I of this Minute.

3.

Appeals and Reviews pdf icon PDF 167 KB

Consider Briefing Note by Chief Planning and Housing Officer.  (Copy attached.)

Minutes:

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

 

3.2       The Chair advised that two appeal decisions received were upheld.  Those Committee decisions were made against the officer’s recommendations and that, while the Committee was within its right to have done so, the Chair was of the opinion that in future the Committee must ensure there was robust reasoning in decision-making.  The Chair discussed the matter and possible training with the Director Corporate Governance and noted that if there was consistency in the Committee overturning officers’ decisions and appeals being subsequently upheld by the reporter, it may cause the Council reputational damage.  The Committee were advised that there should be clarity in the reasons why the Committee refuse planning applications.

 

DECISION

NOTED that:

 

(a)       Appeal decisions had been received in respect of:

(i)        Erection of dwellinghouse, Land Adjacent Rose Cottage, Maxwell Street, Innerleithen – 22/01993/FUL – reporter’s decision: sustained;

(ii)       Installation of communication lattice tower 35m high c/w headframe on new 6.5m x 6.5m RC concrete base and associated ancillary works, Land at Menzion Forest Block, Quarter Hill, Tweedsmuir – 23/00777/FUL – reporter’s decision: sustained;

(b)       There remained 2 appeals previously reported on which decisions were still awaited when the report was prepared on 23 November 2023 which related to sites at:


·                Land East of Kirkwell House, Preston Road, Duns

·                2 Gladstone Street, Hawick

 

(c)       Review requests had been received in respect of:

(i)        Change of use of derelict agricultural building and extension to form dwellinghouse and erection of 17.8m high wind turbine (tip height), The Blue House Near Swansfield Farm, Reston, Eyemouth – 23/00262/FUL;

(ii)       Erection of dwellinghouse, Land North of Ivanhoe, Dingleton Road, Melrose – 23/00492/PPP;

(iii)      Change of use from amenity land to garden ground, 58 Waldie Griffiths Drive, Kelso – 23/00684/FUL;

(iv)      Erection of dwellinghouse, Land South of 1 Old Edinburgh Road, Eddleston – 23/00844/FUL;

(v)       Erection of boundary fence (retrospective), 24 - 1 Ettrick Terrace, Hawick – 23/00847/FUL;

(vi)      Erection of dwellinghouse, Garden Ground of Glenbield, Redpath – 23/01014/FUL;

(d)       The following reviews had been determined as shown:

(i)        Demolition of stable and erection of dwellinghouse, Site Adjacent The Steading Whiteburn Farm, Lauder – 22/01905/FUL – Decision of Appointed Officer Upheld;

(ii)       Change of use from agricultural land to lorry storage yard and erection of building, Land East of Unit 3 Croft Park Industrial Estate, Morebattle, Kelso – 23/00553/FUL – Decision of Appointed Officer Overturned (Subject to Conditions);

(iii)      Erection of dwellinghouse, Garden Ground of Cheviot View, Eden Road, Gordon – 23/00716/FUL – Decision of Appointed Officer Overturned (Subject to Conditions and a Legal Agreement);

(e)       There remained 1 review previously reported on which a decision was still awaited when the report was prepared on 23 November 2023 which related to a site at U-Stor Business Units, Spylaw Road, Kelso.

(f)        There remained one Section 36 Public Local Inquiry previously reported on which a decision  ...  view the full minutes text for item 3.

 

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