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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 8 March 2010 at 10 a.m. ------------------ Present: - Councillors J. Houston (Chairman), J. Brown, N. Calvert, J. A. Fullarton, J. Hume, T. Jones, G. Logan, J. Mitchell, D. Moffat, C. Riddell-Carre (from para 2), R. Smith, T. Weatherston. Apologies:- Councillor N. Watson. In Attendance: - Development Control Manager (West), Development Control Manager (East), Assistant Road User Manager, Development Negotiator, Managing Solicitor – Commercial Services, Committee and Elections Officer (Fiona Henderson) ---------------------------------------- MINUTE 1. There had been circulated copies of the Minute of the Meeting of 8 February 2010. DECISION APPROVED for signature by the Chairman. PLANNING BRIEF - CLOVENFORDS 2. With reference to paragraph 2 of the Minute of 14 September 2010, there had been circulated copies of a report by the Head of Planning and Building Standards seeking approval for the Planning Brief for Clovenfords West. The report explained that the finalised planning brief presented to Committee included access from the A72. The recommendation was made due to the responses received during the public consultation which highlighted constraints related to the access from the B710 over the Caddon Water. SEPA recommended no development to take place on the functional flood plain. To minimise the impact on the environment the finalised brief included only a pedestrian/cycle bridge over the burn. A number of representations from the local community raised roads issues related with access to the B710. The main vehicular access from the A72 was also in line with the Reporter’s recommendation to the Council after the Local Plan Inquiry in 2007. Summarised consultation responses were included in Appendix 2 to the report. Members discussed a number of matters including the sewage infrastructure and the advantages and disadvantages of a roundabout/ junction. DECISION AGREED to approve the planning brief for Clovenfords West as detailed in Appendix 1 to the report and accept its provision as material considerations in the which will be used as a material consideration in consideration of planning applications. APPLICATIONS 3. There had been circulated copies of reports by the Head of Planning and Building Standards on applications for planning permission requiring consideration by the Committee. DECISION DEALT with the applications as detailed in Appendix I to this Minute. SECTION 75 VARIATION 4. There had been circulated copies of a report by the Head of Planning and Building Standards on a proposed variation of the Section 75 Agreement entered into in November 2007 by Scottish Borders Council and the then owner of Halmyre site, The Trustees of WRE Thomson Children’s Trust. The report explained that an application for the change of use of a steading to eight dwellinghouses and the construction of eight new dwellinghouses was presented with a recommendation to approve subject to conditions and the successful conclusion of a Section 75 Legal Agreement. The Legal Agreement was required to govern development contributions to satisfy Affordable Housing Policy H1 and Developer Contribution Policy G5 and was accepted and confirmed by Committee. Consequently, and in accordance with Committee Members instructions, a S75 legal agreement was entered into between the applicant, The Trustees of WRE Thomson Children’s Trust and Scottish Borders Council (SBC). The agreement governed the settlement of development contributions towards Education and Lifelong Learning (E & LL) and Affordable Housing (AH) provision. The terms governing the scheduling of contribution settlement required 60% of the cumulative total i.e. £68,825, to be settled in advance of the commencement of works. The developer contended that the agreement structure was concluded prior to the subsequent downturn in the housing market, financial markets and economy in general. Subsequent financial lending criterion, the developer contended, had tightened significantly to the effect that forward funded contributions were no longer viable. Consequently, and acknowledging the requirement to fully retain the contribution levels to be settled, the developer sought re-alignment of contribution settlement with unit sales in order to facilitate cash-flow considerations necessitated by financial institutions. They further contend that such a settlement structure would accord with more contemporary legal agreement schedules. DECISION AGREED to approve the following variation to the Section 75 Agreement:- (a) a contribution settlement option to the Committee that would assist with the facilitation of the development of this site: x£28,669 upon the sale of the 2nd house x£28,669 upon the sale of the 6th house x£28,669 upon the sale of the 10th house x£28,668 upon the sale of the 14th house xTotal liability settled £114,675 (b) The developer will pay SBC legal costs up to a value of £250 to cover the variation of the existing agreement APPEALS AND REVIEWS 6. There had been circulated copies of reports by the Head of Planning and Building Standards on Appeals to the Scottish Ministers and Local Reviews for the month of February. DECISION NOTED:- (a) that appeals had been received in respect of:- (i) the occupation of caravans for holiday purposes, and not for permanent residential use, for up to 11 months in any 12 month period (1 March to 31 January) is lawful by virtue of planning permission 02/00813/COU at Riverview Holiday Park, Mangerton, Newcastleton. (b) that the Scottish Ministers had dismissed appeals in respect of:- (i) Erection of dwellinghouse, Smithy Cottage, Main Street, Kirk Yetholm; and (ii) Erection of Single Dwellinghouse for Kennels Manager, Fingerpost, Hyndsidehil, Westruther; (c) that requests for Reviews had been received in respect of:- (i) Replacement windows at 2A Crossland Crescent, Peebles; and (ii) Erection of five dwellinghouses, land north of Hownam School. (d) that the Local Review Body had sustained appeals in respect of:- (i) Erection of two dwellinghouses, stable block and associated buidlings and formation of outdoor school/ménage, land east of Monksford Stables House, Newtown St Boswells; and (ii) Erection of replacement conservatory, Whitelawhaugh, Hawick. PRIVATE BUSINESS DECISION AGREED under Section 50A(4) of the Local Government (Scotland) Act 1973 to exclude the public from the meeting during consideration of the business detailed in Appendix II to this Minute on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 6 of Part 1 of Schedule 7A to the Act. SUMMARY OF PRIVATE BUSINESS Minute 1. The Committee approved the private section of the Minute of the meeting of 8 February 2010. The meeting concluded at 1.10 p.m. PLANNING AND BUILDING STANDARDS COMMITTEE 8 MARCH 2010 APPENDIX I APPLICATIONS FOR PLANNING PERMISSION Reference Name and Address Nature of Development Location 09/01638/FUL Mr G Forsyth Erection of 2 No stable Land North Of Per R G Licence Architect blocks and formation of Carnock Manse Road Hillend parking area Gordon Scottish Ednam Borders Kelso Scottish Borders Decision: approved, subject to the planning conditions listed below: 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. Prior to the commencement of the development hereby consented, the existing agricultural access within the eastern boundary of the site shall be stopped up and use of this access shall thereafter desist. Details of the boundary treatment constituting the stoppage shall first have been submitted to, and agreed in writing by, the Local Planning Authority. The stoppage shall be implemented and thereafter maintained in accordance with the approved details. Reason: In the interests of road safety. 3. The construction of the site access and car parking area hereby consented shall be completed before the stables buildings hereby consented are used for the stabling of horses. Reason: In the interests of road safety. 4. Details of the extent and location of the car parking area hereby approved shall be submitted to, and agreed in writing by, the Local Planning Authority before the development is commenced. The development shall then be implemented, and thereafter maintained, in accordance with the approved details unless written advice to vary these is provided by the Local Planning Authority. Reason: To ensure that the construction and use of the car parking area does not result in the removal of, or any damage to, any of the mature trees adjacent to the eastern boundary of the site. 5. The finish(es) of the external walls, doors and windows of the buildings hereby consented shall be refreshed within three months of the buildings being relocated to the site. Details of the finish(es) shall first be submitted to, and approved in writing by, the Local Planning Authority before this aspect of the development is commenced. Reason: The finish of the external walls, doors and windows require to be refreshed to ensure a satisfactory form of development that contributes appropriately to its setting. 6. Stable waste from the site shall not be disposed of by burning. Arrangements for the storage of stable waste from the site
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