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Scottish Borders Council Planning and Building Standards Committee

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Scottish Borders Council Planning and Building Standards Committee Item No. 4(a) 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 4 March 2013 at 10.00 a.m. ------------------ Present: - Councillors R. Smith (Chairman), M. Ballantyne, S. Bell (from para 5), J. Brown (from para 3), J. Campbell, A. Cranston, J. Fullarton, S. Mountford, B. White. Apology:- Councillor N. Buckingham, V. Davidson, D. Moffat. Also Present:- Councillor G. Garvie. In Attendance:- Major Applications, Review and Enforcement Manager, Development Standards Manager, Senior Roads Planning Officer, Managing Solicitor – Commercial Services, Democratic Services Team Leader, Democratic Services Officer (F. Henderson). MINUTE 1. There had been circulated copies of the Minute of the Meeting of 4 February 2013. DECISION APPROVED for signature by the Chairman. APPLICATIONS 2 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 the Appendix to this Minute. MEMBER Councillor Brown joined the meeting during consideration of the following item. DANGEROUS ROOF AT SUNNYBRAE LODGE, WALKERBURN 3. With reference to paragraph 4 of the Private Minute of Scottish Borders Council of 27 September 2012, there had been circulated copies of a report by the Head of Planning and Regulatory Services which sought authority to undertake the works required to remove the dangerous roof and make good the wallheads at Sunnybrae Lodge, Walkerburn. The report explained that the slated pitched roof serving the former stables, had deteriorated to the extent that several structural roof timbers had rotted to such a degree that they no longer provided adequate support to the roof and as a result the whole roof structure was in danger of collapse. If action was not taken to remove the whole roof structure there was a high risk that the roof would collapse. The exact nature of this collapse could not be readily identified, however, there was a very high probability that elements of the structure could fall onto the main A72 road. If this where to occur there was a risk that a member of the public or a motorist could be hurt and the likelihood was that the road would require to be closed for a period of time. 4. Sunnybrae Lodge, Walkerburn was a category ‘A’ listed single storey gate lodge and stables building located on the North side of the main A72 road in Walkerburn. The property had a long history of intervention by the Council to remove dangerous items due to the owner either being unwilling or unable to maintain the property. The long history of neglect had resulted in a CPO being published by the Council in January 2013. No decision had been made in respect of the CPO. The roof had been exposed to the elements over a long period of time which had resulted in water ingress causing structural damage to the roof timbers and some of the timber safe lintels. The extent of the damage was such that several of the rafter legs 1 Item No. 4(a) had rotted away at the wall head intersection and were not being supported on the walls. The collapse of several timber safe lintels had also exacerbated the lack of structural integrity for the roof structure. Previous attempts by the Council to provide a temporary weather covering had been successful to an extent; however they were never intended to be a long term solution. It was further explained that Section 29 / 30 of the Building (Scotland) Act 2003 empowered the Council to serve Notice on owners of a property where it appeared to a local authority that a building constituted a danger to persons in or about it or to the public generally or to adjacent buildings or places. DECISION AGREED to:- (a) Undertake the required works to remove the danger and leave the property in a safe condition; and (b) Seek to recover the costs of approx £43,000, if possible from the owner. MEMBER Councillor Bell joined the meeting during consideration of the following item. TREE PRESERVATION ORDER SBC 53 LAND AT KINGSMUIR DRIVE, PEEBLES 5. There had been circulated copies of a report by the Head of Planning and Regulatory Services seeking consideration to confirm, modify or revoke Tree Preservation Order SBC 53. There were also circulated at the meeting copies of a letter from Harper Macleod LLP on behalf of their Clients Mr and Mrs D J Bone. The report explained that Tree Preservation Order SBC 53 was made on 14 September 2012 under delegated powers and must be confirmed or modified within 6 months of the order being made or it will expire. The Order covered a small woodland on land to the rear of Kinsgmuir Drive and Glen Road in Peebles. The trees in question were located to the south of Dunwhinny Lodge and at the rear of six dwellings on Kingsmuir Drive and three off Glen Road, and were visible from Kingsmuir Drive and to residents in Glen Road. The trees were designated under a woodland order containing mixed semi and mature trees. Species included Silver Birch, Sycamore, Ash, Norway Spruce, Scots Pine, Cypress and Larch. The trees varied in height, providing different age class, diversity of colour and included broadleaf and conifer species. It was reported that Tree work including tree removals and lower crown pruning had taken place in the belt adjacent 1 Kingsmuir Drive. There was currently a planning application to develop the area at the rear of Glen Road with proposed access through the trees. (Planning Application Number 12/00763/PPP). The Development Manager (Applications) commented on the contribution it was perceived the trees make to the amenity of the area. The Managing Solicitor commented on the objections received in connection with the TPO and in particular advised that although there had been some procedural errors and errors in the drafting of the Order these were not considered to be so significant that they would prevent the confirming of the Order. VOTE Councillor Mountford, seconded by Councillor Fullarton moved that the recommendation to confirm the Order be approved. Councillor White, seconded by Councillor Ballantyne moved that Tree Preservation Order SBC 53 be not confirmed. On a show of hands Members voted as follows:- Motion - 6 Votes Amendment - 2 Votes The Motion was accordingly carried. DECISION DECIDED to confirm Tree Preservation Order SBC 53 subject to the modifications contained in the docket to the report. 2 Item No. 4(a) APPEALS AND REVIEWS 6. 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:- (i) the erection of 28 holiday lodges with proposed access and land treatment on Land North West of Whitmuir Hall, Selkirk; (ii) Erection of wind turbine 67m high to tip and ancillary buildings on Land West of Bassendeanhill Farm, Gordon; (iii) Erection of ambulance station with wash bay canopy, workshop, and associated car parking and hardstanding on Land North West of Borders General Hospital, Melrose (b) there remained 3 appeals outstanding in respect of the following:- x Blackburn, Grantshouse, Duns x Penmanshiel, Grantshouse x (Corsbie Moor) Westruther (c) review requests had been received in respect of :- (i) Replacement windows at Goldenberry Cottage, Main Street, Swinton 12/01476/FUL: and (d) the Local Review Body had sustained appeals in respect of:- (i) Erection of 2 No wind turbines 110m high to tip and installation of ancillary equipment on land South West of Neuk Farm, Cockburnspath (subject to conditions). (ii) Removal of Condition 1 of planning consent 11/00594/FUL to allow erection of boundary fence and entrance gates at Inch Bonny, Newcastleton Road, Jedburgh (iii) Erection of dwellinghouse with detached double carport on Plot 2, Site A, Old Railway Siding, Acreknowe Farm, Newmill-on-Slitrig, Hawick (e) The Local Review Body had dismissed an appeal in respect of the erection of 32 bed care home on Land East of 1 Kelso Road, Coldstream The meeting concluded at 2.35 p.m. 3 Item No. 4(a) APPENDIX APPLICATIONS FOR PLANNING PERMISSION Reference Name and Address Nature of Development Location 12/01522/FUL Scottish Borders Council Change of use from on land East and Per Scottish Borders amenity land, family West of Family Council support centre and car Support centre, Per Siobhan McDermott park to form extension Coldingham Road, Environment & to cemetery Eyemouth Infrastructure Council Headquarters Newtown St Boswells Melrose TD6 0SA Decision: Approved subject to the following conditions: 1 No development shall commence until precise details of the layout, siting, design and external appearance of any structure(s), means of access and the landscaping of the site have been submitted to and approved in writing by the Planning Authority. Thereafter, no development shall take place except in strict accordance with the details so approved. Reason: To achieve a satisfactory form of development. 2 The development hereby permitted shall not be commenced before fully detailed design proposals for surface water drainage have been submitted to and approved by the Planning Authority. Thereafter, no development shall take place except in strict accordance with the details so approved. Reason: To ensure that satisfactory arrangements are made for the disposal of surface water 3 The development hereby approved shall only be carried out in strict accordance with a programme of phasing which has first been submitted to and approved in writing by the Local Planning Authority. Reason: To ensure that the development of the site proceeds in an orderly manner.
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