Scottish Borders Council

Agenda and draft minutes

Venue: The meeting will be conducted remotely by Microsoft Teams

Contact: Fiona Walling 01835 826504  email  fwalling@scotborders.gov.uk

Link: link to Live Meeting

Items
No. Item

1.

Continuation: Consider request for review of refusal of application for part change of use from garage/storage and alterations to form workshop and storage for joinery business at Buccleuch Hotel, Trinity Street, Hawick. 19/01784/FUL. 20/00004/RREF. pdf icon PDF 606 KB

Copies of the following papers attached:-

Additional documents:

Minutes:

CHAIRMAN

In the absence of Councillor Miers the meeting was opened by Vice Chairman Councillor S. Hamilton. After welcoming Members of the Local Review Body and members of the public to the Scottish Borders Council’s open on-line meeting he explained that, due to possible interruption of his internet connection and the fact that he was declaring an interest in one of the reviews, he proposed that Councillor S. Mountford take the chair for the meeting.  This proposal was seconded by Councillor Laing and in the absence of any other nominations Councillor Mountford accepted the role of Chairman. 

 

 

With reference to paragraph 4 of the Minute of 25 May 2020, there had been re-circulated copies of the request from Mr Stephen Cranston, per Stuart Patterson Building & Timber Frame Design, 5 Burnflat Lane, Hawick, to review refusal of the planning application for part change of use from garage/storage and alterations to form a workshop and storage for joinery business at the Buccleuch Hotel, Trinity Street, Hawick. The supporting papers included the Notice of Review; Decision Notice; Officer’s Report; papers referred to in the Officer’s Report; Consultations; representation; and a list of policies. Also circulated were copies of further information requested by the Local Review Body, in the form of a bat and breeding bird survey and drawings and statements relating to the mitigation of noise breakout to adjoining areas of the building; and responses to the additional information from the Council’s Ecology and Environmental Health Officers. Members reiterated their views expressed when the review was first considered and noted the responses of the Council’s officers to the further information submitted by the applicant.  They concluded that the proposal represented an appropriate use within a mixed commercial and residential area and approved the application, subject to conditions, including the requirement for a noise impact assessment being carried out prior to development being commenced. 

 

DECISION

AGREED that:-

 

(a)        the review could be considered without the need for any further procedure on the basis of the papers submitted and the additional written submissions;

 

(b)       the proposal would be consistent with the Development Plan and that there were no other material considerations that would justify departure from         the Development Plan; and

 

(c)        the officer’s decision to refuse the application be reversed and planning permission be granted, subject to conditions, for the reasons detailed in Appendix I to this Minute. 

 

MEMBER

Councillor S. Hamilton declared an interest in the following review of application 20/00132/PPP in terms of Section 5 of the Councillors Code of Conduct and left the meeting during the discussion.

 

 

 

2.

Consider request for review of refusal of application for erection of treehouse and walkway for use as holiday let accommodation and associated works on land SW of Sandystones Farmhouse, Ancrum, Jedburgh. 20/00132/PPP. 20/00017/RREF. pdf icon PDF 90 KB

Copies of the following papers attached:-

Additional documents:

Minutes:

There had been circulated copies of the request from Sandystones Ltd, per Murray Land & Buildings, Hillside, Dean Place, Newstead, to review the decision to refuse the planning application for erection of treehouse and walkway for use as holiday let accommodation and associated works on land south west of Sandystones Farmhouse, Ancrum, Jedburgh. The supporting papers included the Notice of Review (including the Decision Notice); Officer’s Report; papers referred to in the Officer’s Report; consultations; and a list of policies. Members welcomed the proposal which represented a unique holiday accommodation offering and recognised that the proposed site had been chosen to meet this bespoke offering.  However Members also noted that both SEPA and the Council’s Flood Risk Officer had objected to the proposal on the grounds of flood risk and, after consideration of the applicant’s Flood Risk Assessment and a lengthy debate about the opposing submissions, opinion remained divided about whether the application should be refused on the grounds of flood risk.

 

VOTE

 

            Councillor Laing, seconded by Councillor Ramage moved that the decision to refuse the application be upheld.

 

            Councillor Richards, seconded by Councillor Fullarton, moved as an amendment that the decision to refuse the application be reversed and the application approved.

           

            Members voted as follows:-

 

            Motion             - 2 votes

Amendment     - 4 votes

 

            The amendment was accordingly carried and the application approved, subject to notification to Scottish Ministers, due to the outstanding objection from SEPA.

 

 

DECISION

DECIDED that:-

 

(a)        the request for review had been competently made in terms of Section 43A of the Town and Country Planning (Scotland) Act 1997;

 

(b)       the review could be considered without the need for any further procedure on the basis of the papers submitted;

 

(c)        the proposal would be consistent with the Development Plan; and

 

(d)       the officer’s decision to refuse the application be reversed and planning permission be granted, subject to conditions, for the reasons detailed in Appendix Il to this Minute, but further subject to notification to the Scottish Ministers in relation to the objection on flood risk from SEPA

 

3.

Consider request for review of refusal of demolition of garage and erection of dwellinghouse in garden ground of Clifton Cottage, High Street, Kirk Yetholm. 20/00453/FUL. 20/00018/RREF. pdf icon PDF 105 KB

Copies of the following papers attached:-

Additional documents:

Minutes:

There had been circulated copies of the request from Mr & Mrs D & C Morrison, Per Ferguson Planning, 54 Island Street, Galashiels, to review the decision to refuse the planning application for demolition of garage and erection of dwellinghouse on garden ground of Clifton Cottage, High Street, Kirk Yetholm.  The supporting papers included the Notice of Review (including the Officer’s Report and Decision Notice); papers referred to in the Officer’s Report; consultations; support comments; objections comments; a general comment; additional representation from objector and response from applicant; and a list of policies.  Members noted that the proposed development site was within a garden on the opposite side of the street from Clifton Cottage and was within the settlement boundary and Conservation Area of Yetholm.  They noted the historical character of the site setting and that the area had also been identified as Key Greenspace.  They recognised that this could be regarded as an appropriate infill site but discussed whether there would be an impact on the character of the village from the proposed development in terms of its scale, particularly relating to the height of the proposed dwellinghouse. After further discussion, Members concluded that they could not determine the review without further procedure in the form of additional information from the applicant on the ridge height of the proposed dwellinghouse and a drawing to show the levels/ridge height in comparison to the neighbouring house to the north.  They also asked for an unaccompanied site visit to be arranged to enable them to assess the site of proposed development in the context of the surrounding area.

 

DECISION

AGREED that:-

 

 (a)       the request for a review had been competently made in terms of Section 43A of the Town and Country Planning (Scotland) Act 1997;

 

(b)       the review could not be considered without further procedure in the form of an unaccompanied site visit and written submissions;

 

(c)       the applicant be requested to provide further information as follows:

 

·                Confirmation of the ridge height of the proposed dwellinghouse and a cross section drawing showing the levels/ridge height of the proposed dwellinghouse in comparison to the neighbouring house to the north of the proposed site.

 

(d)       an unaccompanied site visit and a continuation of consideration of the review to be carried out on dates to be arranged.

 

 

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