Item No. 4

SCOTTISH BORDERS COUNCIL PLANNING AND BUILDING STANDARDS COMMITTEE

MINUTE of MEETING of the PLANNING AND BUILDING STANDARDS COMMITTEE held in the Council Headquarters, Newtown St. Boswells on 9 February 2009 at 10.00 a.m. ------

Present: - Councillors J. Houston (Chairman), J. Brown, N. Calvert, J. A. Fullarton (from paragraph 2), J. Hume, T. Jones, G. Logan, C. Riddell-Carre, R. Smith, N. Watson, T. Weatherston. Apologies:- Councillors C. J. Bhatia, D. Moffat. In Attendance: - Senior Development Control Manager (West), Development Control Manager (East), Plans and Research Manager, Principal Officer (Plans and Research), Principal Enforcement Officer, Assistant Road User Manager, Senior Solicitor (Mrs. N. McKinlay), Senior Committee Officer. ------

MINUTE 1. There had been circulated copies of the Minute of the Meeting of 12 January 2009.

DECISION APPROVED for signature by the Chairman.

SUPPLEMENTARY PLANNING GUIDANCE – GUNSGREENHILL, 2. With reference to paragraph 7 of the Minute of 15 October 2007, there had been circulated copies of a report by the Head of Planning and Building Standards seeking approval for the Supplementary Planning Guidance relating to Planning Guidance for Gunsgreenhill, Eyemouth. Details of the responses to the public consultation were appended to the report. The main changes to the SPG following the consultation period related specifically to the layout and design of housing on site A, including the provision of landscaping along its western edge and refinements to the guidance on the number of storeys for development. Other detailed comments on Sustainable Urban Drainage Systems, sewerage, flood risk and sustainable design had been incorporated into or addressed in the Guidance.

DECISION AGREED to approve the Planning Guidance, as contained in Appendix I to this Minute in the Minute Book, as Supplementary Planning Guidance and to accept its provisions as material considerations in the determination of planning applications.

DEVELOPMENT FRAMEWORK – COMMERCIAL ROAD, HAWICK 3. With reference to paragraph 3 of the Minute of 10 March 2008, there had been circulated copies of a report by the Head of Planning and Building Standards seeking approval for the Development Framework for Commercial Road in Hawick. Details of the responses to the public consultation were appended to the report. The main proposed change after the public consultation was the rewording of paragraph 3.11 relating to the potential for future food and non-food shopping which would require to be justified to the Council by up to date analysis incorporating a retail impact assessment. Further changes were in paragraph 2.10 where examples of existing business were added. The development framework had also been updated to include, where relevant, references to the Council’s SPG on Renewable Energy, SPP6 Renewable Energy and PAN49 Renewable Energy Technology and clarifying the Council’s interpretation of policy. Members discussed some of the aspects of the Framework.

DECISION AGREED to approve the Planning Brief, as contained in Appendix II to this Minute in the Minute Book, as Supplementary Planning Guidance and to accept its provisions as material considerations in the determination of planning applications.

DIRECT ACTION 4. It was noted that the reports on 73-81 Scott Street, Galashiels and 119-125 Forest Road, Selkirk would be submitted to the Eildon Area Committee for consideration.

DECISION NOTED

HISLOP GARDENS, HAWICK 5. There had been circulated copies of a report by the Head of Planning and Building Standards on the proposal to take direct action in respect of the non-compliance with the terms of an Enforcement Notice regarding the failure to install a play area for under 5’s. The report explained that the developer had been given an extended period to carry out the required works but to date no works had commenced on site. Members emphasised the importance of developers adhering to planning conditions and need to enforce compliance where necessary.

DECISION AGREED to authorise the necessary direct action to be taken to secure the approved landscaping works, provide the play area for the under 5’s and, in recovering any expenditure incurred by the authority, to authorise the imposition of an administration charge of a sum equivalent to 20% of the total costs of that action.

APPLICATION 6. There had been circulated copies of a report by the Head of Planning and Building Standards on an application for planning permission requiring consideration by the Committee.

DECISION DEALT with the application as detailed in Appendix III to this Minute.

TREE PRESERVATION ORDER 7. With reference to paragraph 7 of the Minute of 12 January 2009, there had been circulated copies of a report by the Head of Planning and Building Standards seeking confirmation of Tree Preservation Order 45 at Allerton House, Oxnam Road, Jedburgh. The report detailed the background to the making of the provisional Order and confirmed that this was not done until after refusal of the planning application by the Cheviot Area Committee.

VOTE Councillor Riddell-Carre, seconded by Councillor Calvert, moved that the TPO be confirmed. Councillor Brown, seconded by Councillor Smith, moved as an amendment that the Order be not confirmed.

On a show of hands Members voted as follows:- Motion - 8 votes Amendment - 2 votes The Motion was accordingly carried.

DECISION DECIDED to confirm Tree Preservation Order 45.

APPEALS 8. There had been circulated copies of a report by the Head of Planning and Building Standards on Appeals to the Scottish Ministers. Members were pleased to note that a Review of the Year 2007- 2008 had now been published by the Directorate for Planning and Environmental Appeals. The Review showed that of the 50 appeals decided in the area only 14 (28%) were allowed as against an average success rate across of 37% putting Scottish Borders Council in the top quartile of authorities in terms of performance in defending appeals. DECISION NOTED:-

(a) that appeals had been received in respect of:-

(i) erection of dwellinghouse on land East of The Old Stables, Lennel House, ;

(ii) erection of 9 flats, West Winds and Adjoining Land, Upper ;

(iii) erection of dwellinghouse, site south east of Rogersrigg Cottage, Carlops; and

(iv) change of use of land to form DSA motorcycle training area and change of use of barn to form archery teaching centre, land and barn east of Chain Bridge Farm House, Annay Road, Melrose (appeal against both refusal of planning application and enforcement.)

(b) that the Scottish Ministers had dismissed appeals in respect of:-

(i) erection of four dwellinghouses, land south of Tumble Tud, Highridgehall, Kelso;

(ii) erection of two dwellinghouses, site west of Smiddys Cottage, Paxton;

(iii) proposed single dwellinghouse, Garden Ground of Bramble House, The Wynd, Birgham;

(iv) erection of dwellinghouse, land south Ladhope Cemetery, Ladhope Bank, Galashiels;

(v) erection of dwellinghouse, land west of Tweedbank, Peebles Road, Walkerburn;

(vi) erection of dwellinghouse auxiliary to main house, Garden Ground of Hallyne House, Lyne, Peebles;

(vii) erection of dwellinghouse, Garden Ground of the Bungalow, Linton Bank Drive, West Linton

(viii) replacement windows and internal and external alterations, 2 Swinton Hill Farm Cottages, Duns; and

(ix) residential development and access road, land north east of Coach House Restaurant, Selkirk.

(c) that the Scottish Ministers had sustained appeals in respect of:-

(i) erection of dwellinghouse, Hardens Hall, Duns; and

(ii) Removal of condition 1 from planning consent 04/01523 (the annexe to be used as ancillary domestic accommodation related to Tantah House only, and not to be sold separately from Tantah House without the formal written consent of the Planning Authority) to provide independent dwellinghouse, Upper Flat, Tantah House, Peebles.

URGENT BUSINESS 9. 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 make an early decision.

SECTION 50 AGREEMENT – HARDENS ROAD, DUNS 10. There was circulated at the meeting copies of a report by the Head of Planning and Building Standards proposing an amendment to a Section 50 Agreement entered into in 1994 by the predecessors of Scottish Borders Council and the owner of land at Hardens Road, Duns, which at the time was known as ‘The Grass Parks, Langton and Wellrig, Duns’. The report explained that following the success of the appeal against the refusal of planning permission for a single dwelling the Agreement would require to be amended to allow for this additional dwelling as it exceeded the maximum of 18 as specified for this area of land..

DECISION AGREED to vary the terms of the Section 50 Agreement to allow the nineteenth dwelling to be built.

DECLARATION OF INTEREST Councillor Logan declared an interest in the above item of business in terms of Section 5 of the Councillors Code of Conduct and left the Chamber during the discussion.

The meeting concluded at 11.45 a.m. PLANNING AND BUILDING STANDARDS COMMITTEE 9 FEBRUARY 2009 APPENDIX III APPLICATIONS FOR PLANNING PERMISSION

Reference Name and Address Nature of Development Location

07/002444/FUL Kirklands Partnership, Erection of 88 Land and buildings at Per Fouin and Bell dwellinghouses Kirklands Farm, Architects Innerleithen Road, 1 Johns Place Innerleithen Edinburgh EH6 7EL

Decision: Agreed to continue the application to a future meeting of the Planning and Building Standards Committee to allow:- (a) discussions with the applicants regarding the design of the development, and particularly the proposed flats, to achieve a style more in keeping with Innerleithen and the conservation area; (b) confirmation of the provision of the required affordable housing on site; (c) resolution of the objections submitted by SEPA; and (d) assurance to be given that the indicated accesses to land beyond the application site boundaries allows appropriate connection directly into the adjacent allocated housing sites.