Scottish Borders Council Planning and Building Standards Committee
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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 December 2013 at 10a.m. ------------------ Present: - Councillors R. Smith (Chairman), M. Ballantyne, S. Bell, J. Brown, J. Fullarton, I. Gillespie, D. Moffat, S. Mountford, B. White. In Attendance:- Development Standards Manager, Major Applications, Review and Enforcement Manager (paras 1-4), Senior Roads Planning Officers, Managing Solicitor – Commercial Services, Democratic Services Team Leader, Democratic Services Officer (F. Henderson). WELCOME 1. The Chairman welcomed everyone to the meeting and drew their attention to the displays which featured the Winners of the Scottish Borders Design Awards 2013. The Chairman explained that the award scheme was first established in 1984 and ran every two years. The Scheme was organised by the Built and Natural Heritage team from Planning and Regulatory Services and sought to recognise and publicise examples of good building design, educate and inspire all those involved in new developments and raise the overall standards of building design. A total of 30 entries were received across the various categories of building type and judged by an independent judging panel chaired by Ian Lindley with David Suttie representing the Royal Town Planning Institute Scotland (RTPI) and John Lane representing the Royal Incorporation of Architects in Scotland (RIAS). The Chairman congratulated Mark Douglas and Andy Millar for their work in promoting and running the awards. DECISION NOTED. ORDER OF BUSINESS 2. The Chairman varied the order of business as shown on the agenda and the Minute reflects the order in which the items were considered at the meeting. MINUTE 3. There had been circulated copies of the Minute of the Meeting of 4 November 2013. DECISION APPROVED for signature by the Chairman, subject to an amendment in paragraph 5(e)(i). PLANNING PERFORMANCE FRAMEWORK 2013/14 4. With reference to paragraph 5 of the Minute of 7 October 2013, there had been circulated copies of a report by the Director of Environment and Infrastructure which proposed that members approve the Planning Performance Framework 2013/14 attached at Appendix I to the report, which had been re-drafted for submission to Scottish Ministers. The report explained that the Planning Performance Framework provided a comprehensive and co- ordinated approach to performance assessment in the Planning Service. A draft version of the original document had already been sent to Scottish Ministers as the deadline for submissions was the end of September 2013, and a finalised report would be forwarded once approval had been given by the Committee. The report had also been presented to the Environment & Infrastructure Committee on 3 October 2013. The Major Applications, Review and Enforcement Manager highlighted the key outcomes contained in the Appendix, the development projects the department were involved in and in particular the increase in pre- application discussion between Planning Officers and Applicants which subsequently 1 Item No. 4 improved the quality of applications brought to Committee. It was further reported that the Department would continue to hold staff workshops to enable further improvement of the process DECISION AGREED to approve the Planning Performance Framework as detailed in Appendix I to the report for submission to Scottish Ministers. DECLARATION OF INTEREST 5. Councillor Gillespie declared a non pecuniary interest in terms of Section 5 of the Councillors Code of Conduct in respect of planning application 13/01098/FUL and left the meeting during its consideration. APPLICATIONS 6. There had been circulated copies of reports by the Head of Planning and Regulatory Services on applications for planning permission requiring consideration by the Committee. DECISION DEALT with the applications as detailed in Appendix I to this Minute. WIND TURBINES IN BERWICKSHIRE – SUPPLEMENTARY PLANNING GUIDANCE – LANDSCAPE AND VISUAL GUIDANCE FOR SINGLE AND GROUPS OF 2 OR 3 APPEALS AND REVIEWS 7. With reference to paragraph 3 of the Minute of 1 April 2013, there had been circulated copies of a report by the Head of Planning and Regulatory Services on the Supplementary Planning Guidance (SPG) entitled ‘Landscape and Visual Guidance on Single and Small Scale Groups of Wind Turbine Development in Berwickshire’. The Forward Planning Manager and Principal Planning Officer were present at the meeting to present the report and answer Members questions. The report explained that the purpose of the SPG was to inform both spatial planning and provide guidance for single and small scale groups of typically two or three wind turbine developments within Berwickshire in the Scottish Borders. The SPG provided detailed guidance for a range of users as to what scale of turbines may be appropriate within each Landscape Character Type (LCT) and where these could be located within them. The recommendations and guidance on capacity for each LCT took into consideration matters including the number of turbines and their respective heights already approved within the vicinity, cumulative impact issues and the characteristics of each LCT. Ultimately it identified the potential capacity of the landscape to accommodate turbines either as multiple single features or multiple small groups and stated the maximum height of turbine which could be acceptable within each LCT. The report explained that during the public consultation responses were received from 16no parties covering a range of issues which were detailed in Appendix B to the report, together with Council responses to the points raised and proposed consequent changes to the draft SPG where appropriate. Following consideration of the responses along with some and other issues raised, amendments had been made to the draft SPG identified in Appendix A including the following : x The title of the SPG to be confirmed as “Landscape and Visual Guidance for Single and Groups of 2 or 3 Wind Turbines in Berwickshire” x A text update regarding approved turbines since the initial document was prepared up until the end of September 2013 and any consequent cumulative impacts these might have which require addressing x Due to recent approvals of turbines in the vicinity of Landscape Character Type 19a – Coastal Farmland, Cockburnspath the suggested maximum height for turbines had been reduced from 50m to 35m x Confirmation of the relationship between this SPG and other Council wind energy related documents 2 Item No. 4 x Update of policy to include reference to new Strategic Development Plan renewable energy policy x Confirmation of where newly designated Special Landscape Areas are within Berwickshire DECISION (a) APPROVED the SPG on Landscape and Visual Guidance for Single and Groups of 2 and 3 Wind Turbines in Berwickshire in Appendix A to the report and agreed to its use as material consideration in determining planning applications. (b) AGREED that the Head of Planning and Regulatory Services be delegated to approve an annual update of the SPG which would take cognisance of any cumulative impact issues resulting from any future turbine approvals. DECLARATION OF INTEREST 8. Councillor Gillespie declared a non pecuniary interest in terms of Section 5 of the Councillors Code of Conduct in respect of the following item and left the meeting during its consideration. SUPPLEMENTARY PLANNING GUIDANCE – DRAFT HARBOUR ROAD, EYEMOUTH DEVELOPMENT FRAMEWORK 9. There had been circulated copies of a report by the Head of Planning and Regulatory Services on Supplementary Planning Guidance - Draft Harbour Road, Eyemouth Development Framework. The report proposed that the Committee approved the Supplementary Planning Guidance (SPG) entitled “Draft Harbour Road, Eyemouth Development Framework” as a basis for public consultation for a 12 week period. The report explained that the purpose of the SPG was to guide future redevelopment of the area between Harbour Road, Church Street and Manse Road (i.e. the harbourside). The area was located within the development boundary of Eyemouth and had been identified as a key regeneration site in the Proposed Local Development Plan. The aim of the SPG was to redevelop the harbourside to create a place which could help to achieve sustainable economic growth in Eyemouth, be welcoming and pleasant for visitors and residents alike, and restore the identity that the harbourside area of Eyemouth used to have. The SPG proposed a mixed use scheme which would contain a coherent scheme of development including usages such as housing, retail, small-scale food provision, offices, and other types of commercial buildings or attractions. Urban design principles were used to show how the scheme could be achieved while still providing a welcoming and pleasant place and restoring the identity of the harbourside. Elements discussed included pedestrian and vehicular movement, new buildings and the creation of an active frontage on Harbour Road which exploited the waterfront location. DECISION APPROVED the SPG, as detailed in Appendix A of the report, as a basis for public consultation for a 12 week period, and that any comments received be reported back to the Committee. APPEALS AND REVIEW 10. There had been circulated copies of a report by the Head of Planning and Regulatory Services on Appeals to the Scottish Ministers and Local Reviews. DECISION NOTED that:- (a) Appeals had been received in respect of:-