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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 coordinated 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 preapplication 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. 6.
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

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 :

xx

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”

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

xx

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

Confirmation of the relationship between this SPG and other Council wind energy related documents

2

Item No. 4
Update of policy to include reference to new Strategic Development Plan renewable

xx

energy policy 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. 9.
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

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:-

3

Item No. 4

  • (i)
  • the construction of wind farm comprising eight turbines 100m high to tip

and associated access tracks and ancillary infrastructure including borrow pit, erection of 1 permanent anemometer mast, temporary formation of construction compound and erection of 3 temporary reference/calibration masts on land north east of Blythe Farm (Brunta Hill), Lauder – 11/01444/FUL; and

(ii) a residential development including affordable housing and associated infrastructure on land south of 10 Springwell Brae, Broughton – 12/01068/PPP.

(b) the appeal in respect of Whitslade (Barrel Law), Selkirk remained outstanding. (c) a review request had been received in respect of Replacement Windows
(retrospective) at 27 West High Street, Lauder – 13/00680/FUL;

(d) the Local Review Body had overturned the Appointed Officers decision to refuse the following:-

  • (i)
  • formation of dormer extension at Dovecot Cottage, Kirkgate, Chirnside,

Duns; and

(ii) Erection of 2 wind turbines 34.4m high to tip and ancillary infrastructure on Land North East of Ayton Mains Farmhouse, Eyemouth.

(e) the Local Review Body had upheld the Appointed Officers decision to refuse the erection of pigeon loft (retrospective) on Land South of 24 Lamberton Holding, Lamberton

(f) there remained 4 reviews outstanding in respect of the following:-
Vicars Knowe, Gattonside 2 Westfield Road, Earlston
12 Larkhall Burn, Jedburgh Whitton Farm, Morebattle

The meeting concluded at 1.35 p.m.

4

Item No. 4

APPENDIX
APPLICATIONS FOR PLANNING PERMISSION

  • Reference
  • Name and Address
  • Nature of Development
  • Location

13/01098/FUL Earlston Community
Council
Formation of play park, installation of play equipment, erection of boundary fence and associated landscaping
Land South East of Rhymers Cottage, Mill

  • Road, Earlston
  • Per The Sterry Walters

Partnership Ltd Per Guy Walters Langskaill, Carlops Penicuik Edinburgh EH26 9NF

Decision: Approved subject to the following conditions and applicant informatives:

  • 1.
  • The development hereby permitted shall be begun before the expiration of three years from

the date of this permission. Reason: To comply with Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006.

  • 2.
  • Notwithstanding the information submitted in support of the planning application, no

development shall commence until the following details have first been submitted to, and approved in writing by, the Planning Authority: (a) precise details [including dimensions and finished materials and colours] of all apparatus and associated structures, including the gazebo and barbeque [please see Informative Note 1]; (b) precise details of all hard landscaping works, including fencing which shall correspond in full with the requirements identified by SEPA and the Flood Prevention Authority in their consultation responses [please see Informative Note 2]; (c) precise details of all soft landscaping works, including a full planting schedule [please see Informative Note 3]; (d) an updated version of the approved Site Plan [ECDT-LL(90)002 B], showing the apparatus, structures and landscaping works described in the details provided to address the requirements of criteria a, b and c, above, and with the apparatus, structures and hard landscaping set out in the same positions and stations as their indicative equivalents on the approved Site Plan; (e) precise details of the maintenance arrangements for the playpark, including those for the apparatus, the associated structures, and hard and soft landscaping [please see Informative Note 4]; The development shall then be implemented, and thereafter maintained in perpetuity, in accordance with the approved details. Any subsequent change or changes to the approved details shall first have been agreed in writing by the Planning Authority prior to the implementation of this change/these changes. Reason: To retain effective control over the development for the purposes of ensuring that the finished appearance, composition, layout and operation of the play park adhere as closely as possible to the details that have been approved at the time of the determination of the planning application, and do not have any unacceptable impacts upon the environment and/or amenity of the site and its surroundings. Further, to ensure that appropriate arrangements are in place for the future maintenance of the play park facilities and landscaping to help safeguard as far as reasonably possible, the long-term future of the play park as a community facility, and by extension, ensure that it enhances the recreational use of the site.

  • 3.
  • Notwithstanding the information submitted in support of the planning application, existing

ground levels shall be maintained, and no land raising shall occur at all in connection with the implementation of the development hereby approved. Furthermore, and

5

Item No. 4 notwithstanding the information submitted in support of the planning application, no development shall commence on-site until precise details of how all the structures, apparatus, surfacing and fencing are to be secured and anchored to the ground, have first been submitted to, and approved in writing by, the Planning Authority. Thereafter, the development shall be implemented, and then thereafter maintained in perpetuity, in accordance with the approved details. Any subsequent change or changes to the approved details shall first have been agreed in writing by the Planning Authority prior to the implementation of this change/these changes. Reason: To ensure that the development does not have any unacceptable impacts upon flood risk at the site and in the surrounding area and to ensure that the equipment does not become removed from its location and float away during a large flood event.

  • 4.
  • The bank of the Leader Water shall be fenced off during construction works, to a minimum

of 10m from the bank of the watercourse in accordance with a scheme of details that shall first have been submitted to, and approved in writing by, the Planning Authority prior to the commencement of any development operations. The scheme so approved shall provide for the separation of the watercourse and its bank from the building/landscaping operations hereby approved, and shall provide an undeveloped buffer strip which retains the existing natural vegetation. No work shall be carried out on the watercourse itself or its banks, and the fence required by this condition shall be removed upon completion of construction works. Reason: In the interests of the protection of the Leader Water and its banks from building operations, and to protect the River Tweed Catchment Special Area of Conservation.

  • 5.
  • Prior to the commencement of development, a method statement outlining steps to prevent

the Contamination of the Leader Water with silt, building material and debris during construction works, or after their completion, shall be submitted to, and approved in writing by, the Planning Authority. There shall be no storage of materials and/or equipment on any areas that are vulnerable to flooding, the areas for such storage shall be agreed in advance and in writing with the Planning Authority. Thereafter the development is to be completed in accordance with the approved scheme unless otherwise agreed in writing by the Planning Authority. Reason: To prevent any adverse impacts on the River Tweed Catchment Special Area of Conservation through siltation and other pollution.

6.

7.
Details of any Surface Water Drainage required to serve any part of this development are to be submitted to and approved in writing by the Planning Authority. Reason: To maintain effective control over the development, and in the interests of the protection of the Leader Water.

During the period of construction (a) construction works shall only be carried out between the hours of one hour after dawn and one hour before dusk; and (b) during periods when construction works are not being actively progressed on-site, any temporarily exposed open pipes and/or cavities shall be capped or covered to prevent otters gaining access to them. Reason: To avoid impacts on a European Protected species (otter).

8.

9.
Unless otherwise agreed in writing in advance by the Planning Authority, all planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the completion of the development, and shall be maintained thereafter and replaced as may be necessary for a period of two years from the date of completion of the planting, seeding or turfing. Reason: To ensure that the proposed landscaping is carried out as approved.

Notwithstanding the information submitted in support of the planning application, and unless a planning application is first submitted and approved in that behalf, no cycle track shall be established on the site. Reason: To retain effective control over the development.

6

Item No. 4
Notwithstanding any details shown on the approved drawings, no chimes or other equipment whose principal purpose is the creation of noise shall be installed within any part of the development hereby approved.
10. 11.
Reason: To protect the living conditions of the occupiers of the nearby residential property. No lighting shall be erected at the site unless a planning application is first submitted to the Planning Authority. Reason: To enable the Council to consider the effect of the proposed lighting, including upon the living conditions of nearby residents.

Informatives INFORMATIVE NOTE 1 – APPARATUS AND STRUCTURES Please note that the description of each specific apparatus and structure will need to be assessed against the details that were provided to describe these indicatively at the time of the planning application. Until the specific details are provided and agreed, it cannot be ruled out that a new planning application might be required in the event that there is considered to be any significant changes between the details that were described indicatively in the application and those that are ultimately proposed. The Developer is invited to discuss any concerns in advance of the submission of the detailed information if any potentially significant differences arise.

INFORMATIVE NOTE 2 – HARD LANDSCAPING AND FENCING Both SEPA and the Council’s Flood Prevention Section have sought the use of an enclosing fence with horizontal (and not vertical) wires to reduce the extent to which debris carried in flood waters might become trapped and build up to exaggerate flood impacts upon the site and surrounding area.

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