Agenda item

Copies of the following papers attached:-

1.         CONTINUATION OF review 23/00001/RREF

1.1       With reference to paragraph 13 of the Minute of 17 April 2023, the Local Review Body  continued their consideration of a request from Mr Richard Spray per John Handley Associates Ltd, 65A Leamington Terrace, Edinburgh EH10 4JT to review the decision to refuse the planning application for the Erection of a timber storage and processing facility with new access junction, yard area, landscaping, tree planting, SUDs and associated works and planning permission in principle for associated dwellinghouse with office for the timber processing facility on Land South West of West Loch Farmhouse, Peebles.  The supporting papers included the comments from the Planning Officer, Ecology Officer and SBC Solicitor on the new information; written submissions from the Planning Officer and Applicant in respect of NPF4; Notice of Review (including the Decision Notice and Officer’s Report); Papers referred to in the Officer’s report; further representations and Applicant response; additional information; consultation replies; objections and list of Policies.  An accompanied site visit, to the applicant’s existing timber storage and processing yard at Loanhead, Mid Lothian and also to the application site itself was undertaken on 22 May 2023.

1.2       The Review Body noted that the proposal was for the erection of a timber storage and processing facility.  In considering the proposals, especially in relation to Policies ED7 and 29 and taking into account all submissions, the Review Body were of the opinion that, after balancing the processing and chipping elements against the use of the proposed site for timber storage and drying, any industrial process was a very small part of the overall development and that it predominantly involved forestry operations. Members noted the offer from the applicant to limit chipping to four days per month and the extent of timber storage on the site which would be left drying for lengthy periods without movement. The Review Body concluded that as the development was predominantly for forestry operations, it was more justifiable on a greenfield rather than brownfield site and that it was an appropriate development for a rural location, in compliance with the principle of Policy ED7.

1.3       The Review Body then considered specific criteria within Policy ED7, including noise and residential amenity which were also controlled by Policies HD3, 14 and 23. All submissions were considered in relation to noise impacts on nearby existing and proposed housing, including the offer by the applicant of a maximum 4 day limit of chipping per month by condition, the location of the chipping and processing buildings to be furthest away from existing houses, the area of applicant ownership without any works proposed and, notwithstanding the proximity of West Loch Farmhouse, the degree of distance to the steading and other cottages that could be affected. Given all these factors, the Review Body were content that sufficient buffer existed to reduce the noise impacts of the development, which would be infrequent with regard to chipping noise. Members also noted the findings of the Noise Impact Assessment and were content that, with the full implementation of the mitigation in the Assessment secured by condition, the impacts of the development on residential amenity were reduced to acceptable levels and, thus, in compliance with Policies ED7, HD3, 14 and 23.

1.4       The Review Body then considered the issue of road safety under Policies PMD2 and ED7 and were in support of the Roads Officer’s requirements for a scheme of road improvement, involving passing places on the public road. Subject to an appropriate condition securing the scheme for completion before the development became operational, the Review Body considered the proposal in compliance with Local Development Plan Policies PMD2 and ED7 in relation to access and road safety.  There was discussion with regard to the applicant’s offer to limit all timber received at the site to be sourced only from within the Scottish Borders and whilst Members understood the aims of such a restriction in relation to sustainability, reduced transport distances and to relate the facility to local product and were supportive of limiting the source of timber to the Scottish Borders, Members considered this to be a small and limited area and agreed to a condition which also included the Lothians as well as the Scottish Borders, subject to a condition securing an enforceable verification and monitoring scheme.

1.5     The Review Body then considered the planning permission in principle element of the application and the proposal for a dwellinghouse and office in the south-western corner of the site. The Review Body accepted the applicant’s case for requiring residential and office accommodation on the site, noting that the applicant would accept conditions securing an occupancy link with the business and no commencement of the dwellinghouse/office until the timber storage and processing development was complete and operational. Subject to appropriate conditions, Members considered the site to be justified provision of accommodation on site for a worker in the adjoining business, complying with Clause F of Policy HD2, NPF4 Policy 17 and the Housing in the Countryside SPG.

.           DECISION

AGREED 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 further procedure;

(c)        the development was an appropriate rural location for a facility which was predominantly a forestry operation and that the residential and environmental impacts could be addressed by appropriate planning conditions. The dwellinghouse/office was also considered to be justified, provided occupancy was tied to the business and commenced after the business opened; and

 (d)      the officer’s decision to refuse the application be overturned and the application approved for the reasons detailed in Appendix I to this Minute, subject to conditions and a legal agreement.