Public Agenda Pack(1798)

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 14 December 2009 at 10 a.m. ------

Present: - Councillors J. Houston (Chairman), N. Calvert, J. A. Fullarton, J. Hume, T. Jones, G. Logan, J. Mitchell, D. Moffat, C. Riddell-Carre, R. Smith, N. Watson. Apologies:- Councillors J. Brown, T. Weatherston, In Attendance: - Development Control Manager (West), Development Control Manager (East), Plans and Research Manager, Assistant Road User Manager, Solicitor (G. Nelson), Committee and Elections Team Leader

MINUTE 1. There had been circulated copies of the Minute of the Meeting of 9 November 2009.

DECISION APPROVED for signature by the Chairman.

SPG ON PLACEMAKING AND DESIGN 2. With reference to paragraph 4 of the Minute of 15 June 2009, there had been circulated copies of a report by the Head of Planning and Building Standards seeking approval for the adoption of the Placemaking and Design Supplementary Planning Guidance (SPG). The aim of the document was the culmination of a programme of work to improve the design quality of planning applications and new developments in the Scottish Borders. It consisted of an introduction, a detailed new design policy, guidance on the application process, a set of key placemaking and design principles, a set of action points, a glossary of urban design terminology and a sourcebook for further reading. The SPG had been subject to a 12 week public consultation held including local Community Councils and national stakeholders. The comments received in response to this public consultation were appended to the report together with the proposed Council responses to the issues raised. In the discussion that followed Members welcomed the guidance as a means to raising the standards of design without being too prescriptive, and as assistance to making good decisions in the future. Councillor Watson proposed four minor additions to the wording and following discussion it was agreed that two be accepted. It was noted that the document would continue to be prepared for publication and revisions of a non policy nature such as photographic evidence might be required as part of this process.

DECISION AGREED to approve the Placemaking and Design SPG for adoption subject to the following amendments:-

(a) Page 3 - that a sentence be added to the end of the first paragraph to read “ and will be used as a material consideration in assessing planning applications”; and

(b) Page 66 – that under the heading Other issues – What to Avoid an additional point “Poorly positioned contraction joints” be added.

DRAFT PLANNING BRIEF - FORMER BERWICKSHIRE HIGH SCHOOL SITE, DUNS 3. There had been circulated copies of a report by the Head of Planning and Building Standards seeking approval for the draft planning brief for the former Berwickshire High School redevelopment site, as appended to the report, to be used as a basis for public consultation for a 12 week period. The site was currently occupied by three sports pitches and the now redundant former high school buildings. The Council had prepared this draft planning brief for the site to create a development vision, address potential constraints on the site and encourage good quality new development in accordance with sustainability principles which fitted with the townscape of the settlement and integrated with its landscape surroundings.

DECISION AGREED:-

(a) to approve the draft planning brief for the former Berwickshire High School site, Duns, as detailed in Appendix A to the report, as a basis for public consultation for a 12 week period, and to report back any substantive comments to this committee.

(b) that if there were no substantive comments arising from consultation the brief to be delegated for approval to the Head of Planning and Building Standards.

DRAFT PLANNING BRIEF – FORMER EYEMOUTH HIGH SCHOOL SITE 4. There had been circulated copies of a report by the Head of Planning and Building Standards seeking approval for the draft planning brief for the former Eyemouth High School redevelopment site, as appended to the report, to be used as a basis for public consultation for a 12 week period. The former Eyemouth High School site was currently occupied by three sports pitches and the now redundant high school buildings. The Primary School, which remained in use, adjoined the High School site and was included in this brief. It was Noted that some wording had been omitted from Page 14 under the heading “Play Areas and Open Spaces”. In response to concern expressed by Members about available space for possible expansion of the cemetery it was confirmed that space had already been identified as part of the Local Plan. The suggestion that Pantiles be added to the list of suitable materials listed on Page 11 was accepted.

DECISION AGREED:-

(a) to approve the draft planning brief for the former Eyemouth High School site as detailed in Appendix A to the report, subject to the addition of Pantiles to the list of suitable materials on page 13, as a basis for public consultation for a 12 week period, and to report back any substantive comments to this committee.

(b) that if there were no substantive comments arising from consultation the brief to be delegated for approval to the Head of Planning and Building Standards.

APPLICATIONS 5. 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 1 to this Minute.

MEMBERS Councillors Jones and Mitchell left the meeting following consideration of application 09/00910/LBC, Councillor Moffat left following consideration of application 09/01224/FUL and Councillor Hume left following consideration of 09/01389/FUL.

APPEALS 6. There had been circulated copies of a report by the Head of Planning and Building Standards on Appeals to the Scottish Ministers and Local Reviews.

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

(i) New illuminated signage at 88 High Street, Innerleithen;

(ii) Erection of single dwelling at Birkenside, Earlston; and

(iii) Erection of three dwellinghouses, conversion, alterations and extension to agricultural buildings to form seven dwelling houses, alterations and extension to farmhouse and installation of sewage treatment facilities at Fellowhills Farm, Horndean.

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

(i) Erection of three dwellings on land north west of Redrig Cottage, Moorpark, Foulden; and

(ii) Erection of two dwellinghouses on land south of Bellisfield, Langlee Mains, Galashiels.

(i) Replacement windows at 2 Teviot Crescent, Hawick;

(ii) Erection of dwellinghouse with integrated double garage, Arnotknowe, East Morriston, Earlston; and

(iii) Residential development at Newhouses Farm House, Hawick.

(d) that the Local Review Body had dismissed the appeal in respect of replacement windows at 2 Teviot Crescent, Hawick

The meeting concluded at 12:45 pm PLANNING AND BUILDING STANDARDS COMMITTEE 14 DECEMBER 2009 APPENDIX I APPLICATIONS FOR PLANNING PERMISSION

Reference Name and Address Nature of Development Location

09/01379/FUL Mr D Finnie Erection of two dwelling Land East of Nisbet Per Richard Amos Ltd houses Stables, Nisbet, Duns 2 Golden Square Duns

Decision: Accepted the application in principle and gave the appointed officer delegated powers to seek the redesign of the upper floor balcony window opening, so that it reflected a smaller and more traditional style of window opening and also the modification of the fenestration pattern so that the windows in the new houses matched the multi-pane windows used in the adjoining stable conversion and subject to the conditions below:

On receipt of suitably amended drawings the application required to be submitted to Scottish Minister.

1 The development hereby permitted shall not be carried out otherwise than in complete accordance with the plans and specifications approved by the Local Planning Authority, unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure that the development is carried out in accordance with the approved details. 2 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. 3 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (or any subsequent Order amending, revoking or re- enacting that Order): (i) There shall be no addition or extension to the dwellings (including the insertion of dormer windows or chimneys); (ii) There shall be no further building, structure or other enclosure constructed or placed on the site; and (iii) There shall be no additional window or other opening made in any elevation of the dwellings; unless an application for planning permission in that behalf has first been submitted to, and approved by, the Local Planning Authority. Reason: To safeguard the character, appearance and setting of the surrounding category A Listed Building Group. 4 Prior to any development commencing on site a scheme to identify and assess potential contamination on the site to be submitted to, and approved in writing by the Planning Authority and is thereafter implemented to its satisfaction. The scheme shall contain details of proposals to investigate and remediate potential contamination and must include:- a) A desk study and development of a conceptual site model, measurement of pollutant linkages through a detailed investigation of the nature and extent of contamination on site, and assessment of risk such contamination presents. The scope and method of this investigation to be agreed in advance with the Planning Authority, and be undertaken in accordance with PAN 33 (2000) and BS10175:2001. b) Remedial Strategy (if required) to treat/remove contamination to ensure that the site is fit for its proposed use (this shall include a method statement, programme of works, and proposed validation plan). c) Submission of a Validation Report (should remedial action be required) by the competent person employed by the Developer who will validate and verify the completion of works to a satisfactory standard as agreed with the Planning Authority. d) Submission, if necessary, of monitoring statements at periods to be agreed with the Planning Authority for such time period as is considered appropriate by the Council. Reason: To ensure that the potential for health risk arising from any identified land contamination has been adequately addressed. 5 No development shall be commenced until such a time as it has been demonstrated in writing to the Planning Authority that the development can be served by an adequate water supply and foul and surface water drainage system. Reason: To ensure that that dwellinghouses can be satisfactorily serviced. 6 The finished floor level of the dwellinghouses shall be agreed on site and thereafter confirmed in writing by the Planning Authority, prior to the erection of the superstructure. Reason: to retain effective control over the development and to ensure that the dwellinghouses have a satisfactory relationship with the adjoining listed structures and buildings. 7 The access shall be a minimum of 3.7m wide with a smooth, free draining running surface, and be able to withstand a minimum axle loading of 14 tonne. Access to the site shall be constructed to the specification of the Planning Authority before the dwellings are occupied. Reason: In the interests of road safety and to ensure that the dwellinghouses are served by a suitable standard of access. 8 A vehicle turning area and two parking spaces shall be provided within the site in relation to each dwellinghouse prior to the occupation of the dwellinghouse. These areas must then be retained thereafter for that use unless agreed in writing by the Planning Authority. Reason: In the interests of road safety. 9 The appearance of the external surfaces of the development hereby approved, including materials, colour, texture and design, shall be submitted to, and approved in writing by, the Planning Authority prior to the commencement of the development, and shall be retained thereafter unless agreed in writing by the Planning Authority. Reason: To safeguard the character and appearance of the setting of the Listed Building Group and ensure a satisfactory form of development that contributes appropriately to its setting. 10 The dwellinghouses hereby approved shall have natural slate roofs. Reason: To safeguard the character and appearance of the setting of the Listed Building and ensure a satisfactory form of development that contributes appropriately to its setting. 11 Details of all windows and glazed panels shall be submitted for the written approval of the Planning Authority before these are installed. The approved windows and glazed panels shall be thereafter retained without modification to their design or materials, unless written consent to vary it/them is granted by the Planning Authority. Reason: To safeguard the character and appearance of the setting of the Listed Building Group and ensure a satisfactory form of development that contributes appropriately to its setting. 12 The colour(s) of all external timbers, including windows and doors shall be submitted to, and approved in writing by, the Local Planning Authority before development commences. This colour/these colours shall thereafter be maintained unless written advice to vary it/them is provided by the Local Planning Authority. Reason: To safeguard the character and appearance of the setting of the Listed Building and ensure a satisfactory form of development that contributes appropriately to its setting. 13 Sample panels of the external wall finishes shall be prepared on site for prior approval by the Planning Authority. The approved finish/finishes shall thereafter be maintained unless written advice to vary it/these is provided by the Planning Authority. Reason: The materials to be used require further consideration to ensure a satisfactory form of development, which contributes appropriately to its setting. 14 Details of the enclosure of the site and of the areas of garden ground relating to each of the dwellings, shall be submitted to, and approved in writing by, the Planning Authority before the development hereby permitted, is commenced. The approved details shall thereafter be maintained unless written advice to the contrary, is provided by the Local Planning Authority. Reason: To enable the proper effective assimilation of the development into its wider surroundings. 15 No development shall take place except in strict accordance with a scheme of soft landscaping works, which shall first have been submitted to, and approved in writing by, the Planning Authority, and shall include: i. indication of existing trees, shrubs and hedges to be removed, those to be retained and, in the case of damage, proposals for their restoration ii. location of new trees, shrubs, hedges and grassed areas iii. schedule of plants to comprise species, plant sizes and proposed numbers/density iv. programme for completion and subsequent maintenance. Reason: To enable the proper form and layout of the development and the effective assimilation of the development into its wider surroundings. 16 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 occupation of the buildings or the completion of the development, whichever is the sooner, 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. 17 No trees within, or on the boundary of, the application site shall be felled, thinned, lopped, topped, lifted or disturbed in any way without the prior consent of the Planning Authority. Reason: The existing trees represent an important visual feature which should be substantially maintained to enable the proper effective assimilation of the development into its wider surroundings. 18 Before any part of the permitted development is commenced, measures agreed in writing with the Planning Authority shall be adopted to protect the root systems and crown spreads of those trees within the site, and those on, or within the vicinity of, the site boundary. Where necessary, trees to be retained shall be protected by a chestnut paling fence 1.5 metres high, placed at a location agreed with the Local Planning Authority, which shall be removed only when the development has been completed. During the period of construction of the development: (a) No excavations, site works, trenches or channels shall be cut, or pipes or services laid in such a way as to cause damage or injury to the trees by interference with their root structure; (b) No fires shall be lit within the spread of the branches of the trees; (c) No materials or equipment shall be stored within the spread of the branches of the trees; (d) Any accidental damage to the trees shall be cleared back to undamaged wood and be treated with a preservative if appropriate; (e) Ground levels within the spread of the branches of the trees shall not be raised or lowered in relation to the existing ground level, or trenches excavated except in accordance with details shown on the approved plans. Reason: In the interests of preserving the health and vitality of existing trees, the loss of which would have an adverse effect on the visual amenity of the area.

Applicant Informative: The private access road leading from the site to the A6112 is single track. It would be advisable to create a number of informal passing places along this road in order to cope with the resulting increase in traffic that would be generated by the two dwellinghouses.

In terms of condition 5, confirmation of the adequacy of water supplies and drainage arrangements will require the submission of written evidence from the relevant authority, Environmental Health and/or Scottish Water and SEPA that their appropriate legislative provisions have been met.

VOTE Councillor Jones, seconded by Councillor Logan, moved that the application be approved subject to the appointed officer having delegated powers to seek the redesign of the upper floor balcony window opening, so that it reflected a smaller and more traditional style of window opening and also the modification of the fenestration pattern so that the windows in the new houses matched the multi-pane windows used in the adjoining stable conversion.

Councillor Riddell-Carre, seconded by Councillor Watson, moved as an amendment that the application be refused as the proposed development was contrary to Policies N17 and N20 of the Structure Plan 2001-2011 and Policies G1, BE1 and BE3 of the Scottish Borders Local Plan 2008, in that the design of the dwellinghouses are not compatible with, or respectful of, the character and appearance of the Category A Listed Building Group at Nisbet House.

On a show of hands Members voted as follows:

Motion - 7 votes Amendment - 2 votes The motion was accordingly carried

09/00442/FUL Durcol Property and Demolition of existing 43, Bongate, Investments Ltd, per building and erection of Jedburgh Hunter Architecture three dwellinghouses 231 Galashiels Road STOW

Decision: Approved subject to an appropriate legal agreement addressing contributions towards the provision of affordable housing and subject to the following conditions and informatives:

In respect of condition 5, the Planning Authority normally requires that drainage complies with sustainable urban drainage system guidance (SUDS). The Planning Authority will only consider alternative arrangements where SUDS is not appropriate. Advice on the most appropriate drainage system can be obtained from Scottish Water.

In respect of condition 8, Transport Scotland advises that the work necessary within the trunk road boundary are works associated with alterations to the existing access and reinstatement of the trunk road footway.

09/00897/MIN Skene Group Ltd Extension to quarry Soutra Hill Quarry, Per Ironside Farrar Ltd Blackshiels 111 McDonald Road Edinburgh

Decision: Accepted the application in principle and gave the appointed officer delegated powers to address the issues relating to flooding, impacts on the water environment, restoration proposals and a transport management plan. The transport management plan should attempt to seek agreement that HGV's use the B6368 to access only the A68 and not the A7. In conjunction with this consideration should be given to the possible redesign of the access junction to dissuade vehicles turning left when exiting the site and to investigate other possible means to control traffic movements from the site. In the event that this cannot be agreed then the issues of impact on and maintenance of the B6368 for its full length should be further examined including the possibility and suitability of a Maintenance agreement. If approved the application to be subject to the following conditions and applicant informative.

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. A site notice or sign shall be displayed in a prominent place at or in the vicinity of the site until the completion of the development, which shall be readily visible to the public, and printed on durable material. The Notice shall take the following form: Development at (Note 1) Notice is hereby given that planning permission has been granted, subject to conditions (Note 2) to (Note 3) on (Note 4) by Scottish Borders Council. The development comprises (Note 5) Further information regarding the planning permission, including the conditions, if any, on which it has been granted can be obtained, at all reasonable hours at Scottish Borders Council Headquarters, Newtown St. Boswells, Melrose. Telephone (01835) 825060, or by visiting http://eplanning.scotborders.gov.uk/publicaccess, using the application reference (Note 6). Reason: To ensure compliance with Section 27C of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006. 3. The development shall be carried out in accordance with the approved scheme of working detailed in the phasing plans accompanying the application, except as far as may be amended by any of the following conditions. The depth of the quarry shall not exceed 318 metres AOD and the extent of quarry workings along the southern edge shall accord with drawing 7098/303 22.10.09) notwithstanding the extent shown on any other approved drawing Reason: To ensure the development of the site is carried out in the manner considered by the planning authority 4. This quarry shall be permitted to operate for a maximum period of 25 years beginning from the date of this consent. Within six months of this date, or of cessation of workings, whichever is the earlier, all buildings, structures and plant, shall be removed from the site. Reason: To minimise the environmental effects of the proposed development in a manner consistent with its operational capacity. 5. All works, including temporary buildings, plant, machinery and stockpiles, shall be contained within the approved extracted area (under this or previous consent 05/01374/MIN) unless specifically used during the initial soil or overburden stripping, or during bunding formation or planting works Reason: To minimise the visual impact of the development 6. The means of floodlighting of the site shall be subject to the prior written approval of the Planning Authority. Flood lighting should be designed to minimise light spillage and designed to focus on the working area. No other lights shall be permitted on the site Reason: In the interests of safeguarding the visual amenity of the area and minimise the potential disturbance to bats. 7. The means of fencing the site shall be subject to the prior written approval of the Planning Authority. The fencing design shall account for any measures that may be agreed under the terms of condition 13. No other fencing shall be permitted on the site. Reason: In the interests of safeguarding the visual amenity of the area in a manner which, where necessary, minimises the effect of the development on badgers. 8. A detailed restoration scheme, including after-care and management, shall be submitted for the approval of the Planning Authority at least 12 months prior to the expiry of the period referred to in Condition 4 or the cessation of works on site, whichever is the earlier. The scheme shall include the proposed final restoration contours, levels and gradients, means of landscaping and planting, wildlife habitat creation and an implementation programme and maintenance schedule. Where the scheme details the filling of the void with water, as outlined in the supporting Environmental Statement, a flood risk assessment and scheme to secure the oxygenation of the water, shall be submitted for the approval of the planning authority. The scheme shall include the Police Firing Range in accordance with the terms of Condition 9. The scheme shall be implemented in accordance with the approved details. Reason: To ensure the restoration of the site in the interests of landscape and visual amenity. 9. Unless evidence is provided that the lease has been extended, a detailed restoration scheme for the Police Firing Range shall be submitted for the approval of the Planning Authority prior to the expiry of the current lease in 2017, and which shall include an implementation programme and maintenance schedule. The scheme shall be implemented in accordance with the approved details. Where it is demonstrated that the lease is to be extended, a restoration scheme shall be submitted prior to the expiry of the new lease, or in accordance with Condition 8, whichever is the earlier. Reason: To minimise the effect of the development on the landscape and visual amenity of the area. 10. A bond shall be deposited before the development commences of a value to be agreed with the Planning Authority which secures provision for the restoration of the site Reason: To ensure that restoration of the site can be successfully implemented 11. Further details of the bunding scheme outlined in drawing 7098/303 (22.10.09) shall be submitted to and approved by the Planning Authority. Such details shall include an assessment of the potential to extend the proposed southerly bunding further along the south-westerly boundary of the site, and the proposed maintenance of all bunding. Once approved, all bunding, including that outlined at the northern entrance to the quarry, that to the south and any additional bunding that may be agreed, shall be carried out on site in full prior to the commencement of mineral extraction under this consent. Reason: To minimise the visual impact of the development 12. A detailed scheme of mitigation planting, identifying species, number, location of all planting, and ground cover and future maintenance, shall be submitted to and approved by the planning authority. Once approved, all planting shall be carried out on site in full prior to the commencement of mineral extraction under this consent. Reason: To minimise the visual impact of the development 13. A survey of badgers within 500m of the site shall be carried out and submitted to and approved by the Planning Authority, in consultation with SNH and Scottish Badgers. The survey shall include a scheme of mitigation where necessary and, once approved, the measures shall be carried out in accordance with the approved scheme. A checking survey of badgers shall also be carried out no earlier than one month before any work commences on site, and the scheme revised, where necessary, with the approval of the Planning Authority Reason: To minimise the potential impact of the development on badgers 14. A checking survey for breeding birds shall be shall be carried out and submitted to and approved by the Planning Authority before development commences. The survey shall include a scheme of mitigation where necessary and, once approved, the measures shall be carried out in accordance with the approved scheme. Unless otherwise agreed in writing with the Planning Authority as part of the scheme of mitigation, no works shall be carried out during the bird breeding season (March-August) Reason: To minimise the potential impact of the development on breeding birds 15. A Landscape and Habitat Management Plan shall be submitted to and approved in writing by the Planning Authority before the development commences. This should include measures to provide enhanced cover for migrating or commuting bats Reason: To compensate for potential habitat loss associated with the development 16. No development shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Investigation outlining an Archaeological Evaluation. This will be formulated by a contracted archaeologist and approved in writing by the Planning Authority. Access should be afforded to allow investigation by a contracted archaeologist(s) nominated by the developer and agreed to by the Planning Authority. The developer shall allow the archaeologist(s) to conduct a programme of evaluation prior to development. This will include the below ground excavation of evaluation trenches and the full recording of archaeological features and finds. Results will be submitted to the Planning Authority for review in the form of a Data Structure Report. If significant archaeology is discovered the nominated archaeologist(s) will contact the Archaeology Officer for further consultation. The developer will ensure that any significant data and finds undergo post-excavation analysis, the results of which will be submitted to the Planning Authority. If it is deemed possible to preserve archaeological features in situ then no development shall take place until fencing has been erected, in a manner to be agreed in writing by the Planning Authority, about the identified area of archaeological interest and no works shall take place within the area inside that fencing without the prior written consent of the Planning Authority Reason: The site is within an area where ground works may interfere with, or result in the destruction of, archaeological remains, and it is therefore desirable to afford a reasonable opportunity to record the history of the site. 17. The developer shall give a minimum of two weeks notice of the commencement of the approved archaeological works in writing to the nominated archaeological contractor and to the Planning Authority. No works shall commence until the two week notice period has expired. Reason: To allow sufficient time to prepare for the commencement of archaeological works. 18. Noise levels at the nearest noise sensitive properties shall not exceed 55dB LAeq 1 Hr Reason: To safeguard the amenity of nearby property occupiers 19. A programme of noise monitoring over the operational period of the development shall be agreed with the Planning Authority prior to the development commencing Reason: To ensure condition 18 is not being exceeded and to apply any necessary mitigation measures 20. Ground vibration as a result of blasting operations shall not exceed a peak particle velocity of [6 mm -1] [10 mm -1] in 95% of all blasts measured over any period of [6 months] and no individual blast shall exceed a peak particle velocity of [12 mm -1] as measured at vibration sensitive buildings, including Scheduled Monuments. Levels shall not exceed those recommended in the Environmental Statement for gas and electricity utilities Reason: To protect sensitive buildings and utilities from the effects of blasting 21. A programme of vibration monitoring over the operational period of the development shall be agreed with the Planning Authority prior to the development commencing Reason: To ensure condition 20 is not being exceeded and to apply any necessary mitigation measures 22. The hours of operation for all working, with the exception of measures required in an emergency situation, servicing, maintenance and testing of plant, shall be limited to the hours of 07:00 hours to 19:00 hours on Mondays to Fridays and 07:00 hours to 15:30 hours on Saturdays, unless with the prior agreement of the Planning Authority. Reason: To safeguard the amenity of nearby property occupiers and the rural amenity of the area 23. Dust control measures identified in 18.8 of the Environmental Statement shall be applied at all relevant times. Dust control measures shall include sheeting of all lorries prior to leaving the site Reason: To safeguard the amenity of nearby property occupiers and the rural amenity of the area 24. Vehicle wheel cleaning facilities shall be retained throughout the operation of the quarry, the siting and design of which shall be subject to the prior approval of the Planning Authority in consultation with Transport Scotland Reason: To ensure material from the site is not deposited on the Trunk Road Network to the detriment of road safety 25. A scheme of maintenance for the section of B6368 between the site entrance and the A68, covering the operational period of the quarry, shall be submitted to and approved by the Planning Authority before the development commences. Work shall be carried out in accordance with the approved scheme 26. Reason: To minimise the potential impact of the development on the existing public road 27. A Site Management Plan shall be submitted for approval of the Planning Authority, in consultation with SEPA, which identifies measures to protect the water environment from potential contamination. Once approved, site operations shall be carried out in accordance with the approved plan Reason: To minimise the potential for contamination of the water environment

Information for the applicant

The Notes above should be completed for Condition 2 as follows:

Note 1: Insert address or describe the location of the development Note 2: Delete “subject to conditions” if the planning permission is not subject to any conditions Note 3: Insert the name and address of the developer Note 4: Insert the date on which planning permission was granted (normally the date of this Notice) Note 5: Insert the description of the development. Note 6: Insert the application reference number.

VOTE Councillor Houston, seconded by Councillor Jones, moved that the application be approved subject to the appointed officer having delegated powers to address the issues relating to flooding, impacts on the water environment, restoration proposals and a transport management plan. In the event that a transport management plan could not be agreed then the application should be returned to the committee for further consideration.

Councillor Calvert, seconded by Councillor Logan, moved as an amendment that the application be refused on the grounds of policy E9 - Criteria 1 & 2 in view of the level of impact of the development on the landscape environment, water resources and drainage.

On a show of hands Members voted as follows: Motion - 7 Against - 4 The motion was accordingly carried. 09/00910/LBC Director of Technical Change of use, internal Chambers Institution, & Services and external alterations High Street, Peebles 09/01060/FUL Scottish Borders Council to form Council Contact Council Headquarters Centre Newtown St. Boswells Melrose

09/00910/LBC Decision: Approved subject to the approval of the Scottish Ministers and the following conditions.

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: To comply with the provisions of Section 16 of the Town and Country Planning (Listed Buildings and Conservation Areas)(Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006. 2. Further details of the retention and treatment of the cornice in the Waiting/Interview Room to the C.A.B. to be agreed with the Planning Authority. Reason: To preserve and enhance the character of this Category “A” Listed Building. 3. The new stone stall risers and timber windows to be finished in colours to match exactly with those existing. Reason: To preserve and enhance the character of this Category “A” Listed Building.

09/01060/FUL Decision: Approved subject to the following conditions.

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

09/01224/FUL North British Windpower Extension of temporary Land at Fallago & Ltd consents to erect 2 no. Ridge, Longformacus, 09/01226/FUL Lochside House 50m anemometer wind Berwickshire 3 Lochside Way monitoring masts Edinburgh Park Edinburgh

Decision: Approved both applications subject to the following conditions:

1 Permission is granted for a limited period of one year from the date of this consent and, unless application is made and consent granted for its continuation, the use shall be discontinued at the expiration of the period granted. Reason: To minimise the environmental impact of the development and in order that the Council can monitor the effect of the proposed development.

2 The development should not infringe or obstruct access to the Right of Way that traverses the site (BB104 referred to as both the “Herring Road” and the “Muir Road”) during the construction phase, upon completion or during the accommodation works to facilitate the removal of the structure.” Reason: To maintain the Right of Way.

3 The development hereby permitted shall not be carried out otherwise than in complete accordance with the plans and specifications approved by the Local Planning Authority. Reason: To ensure that the development is carried out in accordance with the approved details.

09/01389/FUL Scottish Borders Council Alterations and Tweedbank Primary Council Headquarters extension to provide two School, Tweedbank Newtown St. Boswells additional classrooms Melrose and office accommodation

Decision: Approved subject to the following conditions:

(i) location and design, including materials, of boundary fencing, notwithstanding the reference on the approved drawing (ii) tree and shrub planting, including location, number and species (iii) a programme for completion and subsequent maintenance. Reason: To ensure the satisfactory form, layout and assimilation of the development. 6. The proposed development shall incorporate measures to maximise the efficient use of energy and resources, and the incorporation of sustainable building techniques and renewable energy technologies, in accordance with the scheme of details that shall first have been submitted to and approved in writing by the planning authority. Reason: To ensure the development minimises any environmental impact 7. The external walls of the proposed extension shall be faced in painted or stained timber. The material to be used shall first have been agreed in writing by the planning authority. Reason: In the interests of achieving a satisfactory appearance.

VOTE Councillor Calvert, seconded by Councillor Fullerton, moved that the application be approved without amendment.

Councillor Riddell-Carre, seconded by Councillor Houston, moved as an amendment that the application be approved subject to an additional condition to state that the external walls should be faced with timber and that the cladding of the dividing wall should not be coloured carmine red.

On a show of hands Members voted as follows :- Motion - 4 Amendment – 4

As there was an equality of votes Councillor Houston exercised his casting vote in favour of the amendment. The amendment was accordingly carried.

09/01028/OUT Charlesfield First LLP Expansion of industrial Land East of Unit 1 Per Grontmij estate and formation of Charlesfield Industrial Spectrum House access road Estate, St Boswells 2 Powderhall Road Edinburgh EH7 4GB

Decision: approved subject to the following conditions and informative notes:

1. Approval of the details of the layout, siting, design and external appearance of the building(s), the means of access thereto and the landscaping of the site shall be obtained from the Local Planning Authority. Reason: To achieve a satisfactory form of development, and to comply with the requirements of Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006. 2. Application for approval of matters specified in the conditions set out in this decision shall be made to the Planning Authority before whichever is the latest of the following: (a) the expiration of three years from the date of this permission, or (b) the expiration of six months from the date on which an earlier application for approval of matters specified in the conditions set out in this decision notice was refused or dismissed following an appeal. Only one application may be submitted under paragraph (b) of this condition, where such an application is made later than three years after the date of this consent. Reason: To achieve a satisfactory form of development, and to comply with the requirements of Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006. 3. The development hereby permitted shall be begun before the expiration of two years from the date of approval of the last of the matters specified in the conditions set out in this decision. Reason: To achieve a satisfactory form of development, and to comply with the requirements of Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006. 4. An Environmental Report and Transport Assessment to be submitted with the first detailed planning application relating to this site for approval of the Planning Authority. The development of the whole site then to be implemented in accordance with the approved Environmental Report and Transport Assessment. Reason: To ensure any potential environmental and transport impacts of the development are fully assessed and mitigation measures proposed. 5. A Design Brief for the site to be submitted with the first detailed planning application relating to this site for approval of the Planning Authority. The development of the whole site then to be implemented in accordance with the approved Design Brief. Reason: To ensure a well planned and phased development. 6. The site to be used for Class 4 (Business), Class 5 (General Industry) and Class 6 (Storage and Distribution) only of The Town and Country Planning (Use Classes) (Scotland) Order 1997, or in any provision equivalent to that Class in any statutory instrument revoking and re- enacting that Order. Reason: To ensure that the use remains compatible within the site. 7. Noise from the proposed development, inclusive of any tonal penalty, should not exceed the existing background level (LAF90) by more than 5dBA at any noise sensitive premises. Reason: Reason: To safeguard the amenities of the occupiers of nearby properties. 8. A quantitative Air Quality Assessment based on the detailed design of the development to be undertaken and submitted to the Planning Authority for approval with any detailed planning application for this proposal. Any mitigation measures shown to be necessary to be incorporated into the design, construction and operation of the development. Reason: To safeguard the amenities of the occupiers of nearby properties. 9. The means of water supply and of both surface water and foul drainage to be submitted for the approval of the Planning Authority with any detailed planning application for this proposal. Reason: To ensure that the site is adequately serviced. 10. Two levels of sustainable urban drainage (SUDS) treatment are required and a detailed scheme to be submitted to the Planning Authority for approval with any detailed application for this proposal. Reason: To ensure that the site is adequately serviced. 11. Mitigation measures for the protection of surface water and ground water resources contained in Section 6.7.3 of Chapter 6 of the supporting Statement to be incorporated into the design, construction and operation of the development. Reason: To safeguard surface water and ground water resources. 12. A Construction Management Plan to be submitted for the approval of the Planning Authority prior to the commencement of the development. The development then to be implemented in accordance with the approved scheme. Reason: To prevent potential pollution. 13. Details of the external lighting for the development to be submitted and approved in writing by the Planning Authority before the development commences. The development then to be implemented in accordance with the approved scheme. Reason: To safeguard the amenities of the occupiers of nearby properties and to avoid light pollution. 14. A repeat survey to be carried out by a suitably qualified wildlife consultant of the site for badgers within a 500m buffer of all areas around and within the planning application site boundary within the month prior to work commencing within the site. The results of the survey to be submitted to and approved in writing by the Planning Authority. Dependent on the findings of such a survey, further territory mapping using bait-marking may also be required. Any mitigating measures required are to be carried out as part of the development. Reason: To ensure the requirements of the Protection of Badgers Act 1992 and any licensing requirements are met. 15. A 30m diameter exclusion zone around the badger setts to be marked out before work commences on this development to prevent damage during construction work and retained in place until the development is completed. No plant, machinery or pedestrian access should occur within this exclusion zone. Reason: To ensure the requirements of the Protection of Badgers Act 1992 are met. 16. Prior to any work commencing on the site a bat survey to be undertaken by a suitably qualified and experienced wildlife surveyor and the results submitted to the Planning Authority. Any mitigating measures required are to be carried out as part of the development. Reason: To protect bats within the site, which are protected under the Wildlife and Countryside Act 1981 as amended under the Nature Conservation (Scotland) Act 2004 and the Conservation (Natural Habitats) Regulations 1994. 17. Flood lighting to be designed to minimise light spillage; the flood lights to be focused on the working area only and should be turned off outwith the hours of construction activity. Reason: To prevent light pollution and disturbance to bats, which are protected under the Wildlife and Countryside Act 1981 as amended under the Nature Conservation (Scotland) Act 2004 and the Conservation (Natural Habitats) Regulations 1994. 18. Prior to any work commencing on the site a bird survey to be undertaken by a suitably qualified and experienced wildlife surveyor and the results submitted to the Planning Authority. Any mitigating measures required are to be carried out as part of the development. Reason: To protect birds within the site. 19. No works shall be carried out in respect of this development during the breeding bird season (March-August) without the express written permission of the Planning Authority. Reason: To protect breeding birds within the site. 20. Prior to the commencement of development a Landscape and Habitat Enhancement Plan, including extended hedgerows, small woodlands, grass margins and habitat measures for bats and badgers is to be submitted to and approved in writing by the Planning Authority in consultation with Scottish Natural Heritage. Any works shall thereafter be carried out in accordance with the approved scheme. Reason: To enhance habitats within and around the site. 21. The mitigation measures contained in Section 6.5.3 of Chapter 6: Ecology of the Supporting Statement to be incorporated into the design, construction and operation of the development. Reason: To protect within the site that are protected under the Wildlife and Countryside Act 1981 as amended under the Nature Conservation (Scotland) Act 2004 and the Conservation (Natural Habitats) Regulations 1994. 22. No trees or hedgerows within the application site or on the site boundary shall be felled, lopped, lifted, removed or disturbed in any way without the prior consent of the Local Planning Authority. Reason: The existing trees and hedgerows represent an important visual feature which the Local Planning Authority considered should be substantially maintained. 23. No development shall take place except in strict accordance with a scheme of soft landscaping works, which shall have been submitted to the Local Planning Authority with any detailed planning application for this proposal, and shall include: (a) indication of existing trees, shrubs and hedges to be removed, those to be retained and, in the case of damage, proposals for their restoration (b) location of new trees, shrubs, hedges and grassed areas (c ) schedule of plants to comprise species, plant sizes and proposed numbers/density (d) existing and proposed services such as cables, pipelines, sub-stations (e) programme for completion and subsequent maintenance. Reason: To enable the proper form and layout of the development and the effective assimilation of the development into its wider surroundings.

Informatives: In respect of condition 5, the design brief to include: (a) Details of boundary treatments around the site and between plots; (b) Existing and proposed site levels and details of any embankments or bunds; (c) Design and range of materials and colours of any buildings; (d) Surfacing materials for car parking areas; (e) Signage.

In respect of condition 23, the visual impact of the development requires to be mitigated by screen planting. This can be done by planting a screen of forest trees (as per Landscape Guidance Note 1 attached) along the bed of the former Charlesfield railway line. Alternatively, a similar width (i.e. around 30m) of land could be planted nearer to the Charlesfield Access Road to the same effect. This should be included in the planting scheme for the proposed development. In addition, there needs to be proper consideration of the landscape impacts of an extended industrial estate on the users of the estate itself. This must be fully explained at the detail application stage; there will need to be a scheme of planting along the access road (and coordination of service wayleaves to allow this) and a revised planting layout at the intersection with the existing industrial estate. The landscape scheme should also include the mitigation measures set out in Section 6.8.3 of Chapter 6 of the Supporting Statement. The Director of Technical Services advises that: x Construction Consent shall be required for the roads within the extension. x Confirmation shall be required as to what is proposed in relation to surface water treatment and who will be responsible for this system upon completion. This will require input from SEPA and Scottish Water and these discussions should commence at an early stage.

The Council’s Flood Protection Officer advises that the applicants should take into account the potential for flooding arising from other sources such as road drainage, overland surface water runoff and surcharged culverts. The consultation response from Scottish Water, SEPA, Scottish Natural Heritage and the Council’s Ecology Officer are attached for the information of the applicant. Item No. 5(a) SCOTTISH BORDERS COUNCIL

PLANNING AND BUILDING STANDARDS COMMITTEE

8 FEBRUARY 2010

APPLICATION FOR PLANNING PERMISSION

ITEM: 5(a) REFERENCE NUMBER: 09/01389/FUL

OFFICER: Carlos Clarke WARD NAME: Leaderdale and Melrose PROPOSAL: Alterations and extension to provide two additional classrooms and office accommodation SITE: Tweedbank Primary School, Tweedbank APPLICANT: Scottish Borders Council AGENT: None

SITE DESCRIPTION

The site comprises a grassed area of open space to the north-east of the existing primary school building, bounded by planting to the west and north sides, and by a path to the east, beyond which is a similar area of grassed open space with offices further east. A path bounds the southern boundary, beyond which the nearest neighbouring properties include a shop and residential properties, with a new public house and restaurant currently being constructed further south.

PROPOSED DEVELOPMENT

This application seeks full planning permission to extend the school on its eastern side by way of a single-storey extension, which will provide two classrooms, foyer, entrance and office/headteacher accommodation. The roof would be clad in sedum and single ply membrane, the walls in ‘Trespa’ cladding, and a taller dividing wall clad in ‘carmine red’ cladding. Windows and doors would be timber, pre-painted grey to match the fascias/soffit panels. A fabric canopy is proposed at the entrance on the north side.

CONSIDERATION BY PREVIOUS COMMITTEE

In December, the Planning and Building Standards Committee determined that planning consent should be granted in accordance with the department’s recommendation, subject to a condition requiring that a timber finish be used for the external walls rather than ‘Trespa’ cladding. The applicants have, however, raised concerns regarding this and have asked that the application be referred to a further meeting in order that their supporting case for the cladding material can be considered.

In support, a statement has been submitted with respect to the choice of external materials. This statement is available in full on Public Access. With respect to the wall cladding, comments that have been made include:

x Trespa cladding has been chosen because of its availability in a range of colours, requiring no painting; its weather resistance; easy-cleaning; high resistance to impact damage; stability and durability; stability in the event of fire; the potential for waste to be

Planning and Building Standards Committee recycled/incinerated, as 70% is made from wood fibres; and its certification as a material which is fit for purpose as an external finish.

x Timber is considered high maintenance; can bleach or stain and result in different effects on different elevations; not dimensionally stable (subject to warping, cracking and fixings being pulled from the structure); its susceptibility to damage in the event of fire; and, susceptibility to impact damage.

The applicants ask that the Committee reconsider the imposition of the condition requiring timber, and clarify that they will consult further with this department regarding the colours to be applied to the cladding. They have also provided a further drawing containing 3-D images using a grey colour for the walls (as opposed to black as before) and have included a series of samples of Trespa cladding to demonstrate the finish.

The following report is unchanged from that previously presented to the Committee. This department would still wish to consider further the possible range of colours to be applied to the finish, but ultimately considers the cladding material itself acceptable.

PLANNING HISTORY

No relevant history

REPRESENTATION SUMMARY

A letter has been submitted in support of the application, describing the application as long awaited and a necessity, which hopefully will be completed on schedule.

APPLICANT’S SUPPORTING INFORMATION

See comments above.

DEVELOPMENT PLAN POLICIES

Consolidated Structure Plan 2009

I11 Parking Provision in New Development I14 Surface Water N20 Design C2 Education and Health Services C6 Open Space

Scottish Borders Local Plan 2008

G1 Quality Standards for New Development H2 Protection of Residential Amenity Inf4 Parking Standards Inf 5 Waste Water Treatment Standards Inf 6 Sustainable Urban Drainage BE6 Protection of Open Space NE4 Trees, Woodlands and Hedgerows

Finalised Local Plan Amendment 2009

H2 Protection of Residential Amenity

OTHER PLANNING CONSIDERATIONS:

SPP 2008 Planning and Building Standards Committee 2 SPP6 Renewable Energy 2007 SPP11 Open Space and Physical Activity 2007 PAN 65 Planning and Open Space 2008 SPG Renewable Energy 2007

CONSULTATION RESPONSES:

Scottish Borders Council Consultees: None

Statutory Consultees

Community Council: No response

Other Consultees: None

KEY PLANNING ISSUES:

Whether the development complies with planning policy and guidance with respect to the loss of open space, its scale, layout, design and materials

ASSESSMENT OF APPLICATION:

Policy Principle

Structure Plan Policy C2 supports education developments within the central hub, in central, accessible locations such as this. The principle of the development is compliant with policy, subject to satisfying policies designed to safeguard valuable areas of open space, and secure an appropriate design and layout for new developments

Open Space

Policy C6 seeks to safeguard areas of open space in accordance with community needs. Local Plan Policy BE6 seeks to do the same, dependent on the importance and value attributed to the open space itself. Here, the development would involve loss of effectively one half of an area which provides relief between buildings. It contributes to the townscape structure as a result. It is, however, considered part of the school grounds (as referenced in the Council’s recent open space audit), and is one of a number of smaller areas within the settlement that together serve to compliment the principal areas of recreational open space, which include the nearby park and Gunknowe Loch. No objections have been submitted from the public with respect to this application, indeed one letter of support has been received. The Community Council have not submitted any comments. The area does not have a formal recreational role, which is fulfilled the larger areas to the west and south of the school, and the open space which will remain to the east will still provide relief between buildings, contributing still to the townscape structure. Accounting too for the value of developing school facilities in such an accessible location, it is not considered that the loss of this open space would conflict with planning policies, nor would compensatory provision be necessary given the open space, both formal and informal, that remains in close proximity to the site.

Layout, scale, design and materials

The scale will clearly render the development subordinate to the existing building. The existing building cannot be seen in full view, due to the range of roofs and containment by surrounding planting and other structures. The surrounding area also contains a variety of building heights and styles. It is considered, therefore, that the area can accommodate the type of contemporary design proposed. The form follows the angular form of the main building and, the dividing spine wall and front canopy will help integrate the extension with the existing building, despite the different design approach. It is considered that the design is, therefore, appropriate. There is, however, considered merit in re-visiting the colours proposed for external walls, particularly the colour proposed for the Planning and Building Standards Committee 3 elevations, though it is understood that the red proposed for the spine wall is designed, in part, to reflect the school’s own colours.

In terms of layout, the proposal would provide a more obvious entrance to the school from the carpark. It would, however, involve loss of some trees and shrubbery, which provide containment to the existing car park. The application does indicate retention or reinstatement of trees to the north. Ultimately, it is not considered the trees have a particular intrinsic value that could not be replaced or that would override any benefits to be gained from the development. That said, such features contribute to the character of the area and provide containment to the car park. There is considered merit in seeking an accurate tree survey and mitigation plan so any tree loss can be minimised. A condition is imposed to this effect.

The application indicates the provision of landscaping to the east side, and a timber fence on the boundary. It is considered that there is merit in erecting a simple post-wire fence on this boundary, while hedging and regularly spaced trees would provide containment to the site, in a manner that reflects the existing character of the area, and provides some obstruction to view of the largely windowless eastern elevation of the extension. A condition is imposed to this effect.

Further information on the more modest plant room and gym store extensions is required, albeit these are unlikely to raise any difficulties in terms of planning merits.

Neighbouring amenity

The amenity of neighbouring properties should not be adversely affected by this development by reason of light, privacy or outlook loss.

Parking and services

The extension will not directly affect any parking spaces and the Director of Technical Services has provided verbal support, suggesting existing parking provision can accommodate the modest increase in facilities.

Water and drainage will be connected to the mains, though the sedum roof will assist in achieving surface water disposal.

Energy efficiency

In accordance with policy guidance, the development will be required to incorporate methods to minimise carbon emissions, and a condition is imposed to this effect.

Conclusion

The development is considered compliant with development plan policies, principally Policies C2, C6 and N20 of the Consolidated Structure Plan 2009 and Policies G1, BE6 and H2 of the Scottish Borders Local Plan 2008, subject to compliance with the schedule of conditions

RECOMMENDATION BY HEAD OF PLANNING AND BUILDING STANDARDS:

I recommend that the application be approved subject to the following conditions:

2. Notwithstanding the references on the approved drawings, the external colours of all wall materials shall be subject to the prior approval of the Planning Authority. Planning and Building Standards Committee 4 Reason: Further consideration of external colours is required, in order to ensure the development is sympathetic to the character and visual amenity of the area.

3. Prior to the development commencing, a survey of all existing trees within the site, and a scheme of mitigation (guided by BS5837 and designed to minimise tree removal) shall be submitted for the approval of the Planning Authority. Once approved, the development shall be carried out in accordance with the mitigation measures in the report, and only those trees specified for removal shall be removed Reason: Further information on existing trees is required, in order to establish scope for minimising tree loss, in the interests of safeguarding the character of the area

4. Further information illustrating the elevational appearance and dimensions of the gym store and plant room extensions shall be submitted for the prior approval of the Planning Authority before these parts of the development commence Reason: Further information on these aspects is required in order to assess their respective impacts on the amenity of the area

5. No development shall take place except in strict accordance with a scheme of hard and soft landscaping works, which has first been submitted to and approved in writing by the planning authority. Details of the scheme shall include

i. location and design, including materials, of boundary fencing, notwithstanding the reference on the approved drawing ii. tree and shrub planting, including location, number and species iii. a programme for completion and subsequent maintenance. Reason: To ensure the satisfactory form, layout and assimilation of the development.

6. The proposed development shall incorporate measures to maximise the efficient use of energy and resources, and the incorporation of sustainable building techniques and renewable energy technologies, in accordance with the scheme of details that shall first have been submitted to and approved in writing by the planning authority. Reason: To ensure the development minimises any environmental impact

Approved by Name Designation Signature Brian Frater Head of Planning and Building Standards

The original version of this report has been signed by the Head of Planning and Building Standards and the signed copy has been retained by the Council.

Author(s) Name Designation Carlos Clarke Principal Planning Officer

Planning and Building Standards Committee 5 Planning and Building Standards Committee 6 Item No. 5(b) SCOTTISH BORDERS COUNCIL

PLANNING AND BUILDING STANDARDS COMMITTEE

8 FEBRUARY 2009

APPLICATION FOR PLANNING PERMISSION

ITEM: 5(b) REFERENCE NUMBER: 09/00662/LBC & 09/00663/FUL OFFICER: Scott Shearer WARD: Selkirkshire PROPOSAL: Change of use from retail and alterations to form restaurant/hot food take away and external and internal re-decoration SITE: 27 High Street Selkirk APPLICANT: Ardeshir Shahin AGENT:

SITE DESCRIPTION

27 High Street Selkirk is a ground floor terraced property which forms part of a 2½ storey C(s) Listed Building with attached single storey buildings to the rear and access to an enclosed rear courtyard. The property is sited in a prominent position within the Selkirk Conservation Area, facing down Tower Street, at the entrance into the town centre from the south.

The site fronts south east directly onto the public pathway and road at the junction of High Street and Tower Street, to the north west a wall bounds this site with the garden ground of No 15 and 17 High Street which are situated to the west. Adjoining to the north east is a ground floor hair salon fronting on to High Street, with the residential No 31 above which lies perpendicular to the public road and is accessed via a close beyond the hair salon. Adjoining to the south west is an access to the residential property of No 25 which is above the application site, while further beyond are more retail premises.

PROPOSED DEVELOPMENT

Planning permission and Listed Building Consent are sought for the change of use from retail and alterations to form a restaurant/hot food take away, including associated external and internal redecoration. An amended plan and precise specification has been received as the original information was inconsistent. The amended plan clarified the internal layout, which comprises seating, cooking/serving and store areas. It is proposed to extend into the existing vacant triangular rear courtyard to form an internal extension to house toilets; this will be carried out via erecting a flat roof standing 2.5m tall to be clad with 3G roofing felt upon fixed plywood and insulated boarding base. The amended plan confirmed that the ventilation system from the cooking area will be provided from an extractor fan linked to a flue line, with a flue standing 0.5m above the new flat roof to the rear to dispel fumes.

An indicative image has been included, accompanied by a brief description of signage colour preferences, however no precise details have been submitted detailing external redecoration.

PLANNING HISTORY

93/01561/FUL: Change of use from shop to agency and office. Refused for the following reason: ‘The proposed development would be contrary to Proposal RET 3 of the Ettrick and Lauderdale Local Plan in that the development would result in the loss of retail floor space.

Planning and Building Standards Committee 1 06/02354/FUL & 06/02353/LBC: Change of use to form hot food take away and installation of flue Refused, contrary to recommendation by the Eildon Committee, February 2007, for the following reason: ‘The proposed development would be contrary to Proposal RET 3 of the Ettrick and Lauderdale Local Plan 1995 in that the development would result in the loss of safeguarded retail floorspace, and would be contrary to Policy ED5 of the Finalised Local Plan 2005 in that the development would adversely affect the character and amenity of the surrounding area and the amenity of neighbouring properties.’

REPRESENTATION SUMMARY

Applications 09/00662/LBC and 09/00663/FUL have attracted objection comments form 6 different parities. Discrepancies with the original submission led to objections being lodged prior to official registration of these applications, however these representations have been included within the assessment of these proposals.

The principal grounds of objection are summarised as follows: x Legal dispute, in that the applicant does not own the area of ground to the rear of the property referred to as a courtyard or ‘solum’ which forms part of the application site. x Noise x Attraction of customers at night leading to disturbance x Smell x Litter x Increased vandalism to neighbouring properties x Proposed use is a short term solution and will not aid the long term regeneration of Selkirk x Selkirk is currently served by similar outlets x This use may jeopardise surrounding businesses x No available parking, visiting vehicles will illegally park causing traffic problems x Adversely affect the listed status and conservation area x Insufficient areas to cater for waste x Currently an existing business within premises with lawful right to remain x Similar proposal at this site have been refused

APPLICANTS’ SUPPORTING INFORMATION

The applicant has submitted various supporting documents which are summarised as follows: x New position of extractor fan will reduce vibration and noise x Noise from fan can be subdued x Parking facilities available at Market Street and High Street x Appropriate technologies are being exploited to minimise smell and noise in accordance with relevant legislation x Litter bins can be provided to combat littering x Use will attract business x This area is already subject to traffic and noise as located within the centre of Selkirk x Legally claim to own the area of ground to the rear

DEVELOPMENT PLAN POLICIES:

Scottish Borders Structure Plan: 2001-2018 E19 Town Centre Enhancement N17 Listed Buildings N18 Development Affecting Conservation Areas N20 Design

Planning and Building Standards Committee 2 Scottish Borders Local Plan: 2008 BE1 Listed Buildings BE4 Conservation Areas ED5 Town Centres G1 Quality Standards for New Development Inf 4 Parking Provisions and Standards

OTHER PLANNING CONSIDERATIONS: The Town and Country Planning (Use Classes) (Scotland) Order 1997

CONSULTATION RESPONSES:

CONSULTATION RESPONSES: Statutory Consultees:

The Royal Burgh of Selkirk and District Community Council: Object, expressed great concern regarding parking and delivery problems and such a change of use will create nuisance in the form of noise, cooking odours and litter problems. It is also considered that the internal layout is poor with lack of fire escape and disabled access.

Scottish Borders Council Consultees

Director of Technical Services (Environmental Health): Initial comments from Environmental Health drew attention to the requirement for extraction equipment from kitchens.

Following the submission of precise specification, an Environmental Health Officer conducted a site visit and raised no objection to the proposal detailed. It was further recommended that an additional carbon filter is fitted internally and the external flue is fitted using acoustic mounting to reduce noise and vibration.

The applicant was advised that under Section 79 of the Environmental Protection Act 1990 (‘Statutory Nuisances’) should any complaints be received from neighbouring properties regarding odour and noise the department is bound to investigate.

Director of Technical Services (Roads): Acknowledge the site of this development is far from ideal, especially in relation to deliveries as the site at a busy constrained junction with the A7 trunk road subject to yellow lines. However, no objection has been raised as it was acknowledged that this site is within the town centre with excellent pedestrian links to both on street and off street near by public car parks and this type of service is appropriate to a town centre location.

Heritage and Design Officer: Satisfied with the proposal, internal alterations are considered minimal, the rear courtyard in hidden from public view and principle of roofing this space is agreeable, although clarification on roofing materials required. Requested details of any alterations and proposed external decoration to the shop front.

Other Consultees: None

KEY PLANNING ISSUES:

The key planning issues are: x Whether this application, when assessed against current development plan policy would result in the unacceptable loss of safeguarded retail floorspace and that the development would adversely affect the character and amenity of surrounding neighbouring properties. x Whether the proposed change of use and alterations would adversely affect the character and integrity of the listed building and conservation area

Planning and Building Standards Committee 3 ASSESSMENT OF APPLICATION:

Planning Policy

This application proposes to Change the use of a Class 1 Shop to a Class 3 Food and Drink use as defined within The Town and Country Planning (Use Classes) (Scotland) Order 1997.

The application site sits within the town centre of Selkirk, where Structure Plan Policy E19 and Local Plan Policy ED5 promote a wide range of uses appropriate to town centres including food and drink uses.

In the absence of a designated prime retail frontage in Selkirk, there is no specific policy objection to the loss of retail premises with Selkirk town centre. The centre of Selkirk is, in any event, already characterised by a range of different uses.

Provided that these applications can demonstrate compliance with Structure Plan Policies N17, N18 and Local Plan Policies BE1, BE4 relating to maintaining the character of the Listed Building and wider Conservation Area, while not creating any unacceptable adverse impacts, the principle of this change of use from Class 1 Shop to Class 3 Food and Drink use can be supported against Structure Plan Policy E19 and Local Plan Policy ED5.

Internal and External Alterations

Minimal internal and external works to this property are proposed to facilitate this change of use. Internally, the fabric of the building has already been altered significantly, and in comparison with the previous internal layout, this proposal details a less complicated open plan arrangement. Externally, the only alteration detailed is a small flat roof extension to the rear of the property and the installation of a 0.5m high flue which breaches this roof. The principles of the alterations were fully supported by the Heritage and Design Officer, and although no further comment has been received following the submission of revised details of the rear roof, the proposed materials and scale of the flue are considered consistent with that initial advice. These works are not visible from public view and relate to a less sensitive part of the building, ensuring no adverse impact upon the character and appearance of the Listed Building and Conservation Area certifying compliance with, Structure Plan Policies N17, N18 and Local Plan Policies BE1, BE4.

An image with an indicative sign superimposed upon the existing frontage was submitted during the application period. Should this application be considered for approval a condition is recommended to be attached to the Listed Building Consent, requiring agreement of external redecoration or painting to the existing shop front (south east) elevation, to ensure a sympathetic approach is agreed to the satisfaction of the Planning Authority. Subject to this safeguard, it is felt that the plans are acceptable in terms of listed building issues.

In terms of any possible requirements for illuminated signage, this would be subject to a separate listed building consent application and may also require advertisement consent. It is recommended that this issue regarding signage are clarified to the applicant in a suitably worded informative.

Amenity Issues

Objections have been received concerning adverse impacts this development would have upon neighbouring properties.

In order to be consistent with recommendations received from the Director of Technical Services (Environmental Health), conditions are recommended to require the fitting of a additional ‘attenuation box’ carbon filter is fitted to the ventilation duct to further remove cooking odours and to minimise noise and vibration the flue is fitted using acoustic mounting. These measures are considered to minimise potential adverse effects in relation to smell, noise and vibration from equipment, allowing Environmental Health to support this proposal.

Planning and Building Standards Committee 4 In terms of late night noise and activity it is accepted that this is an area containing residential properties in close proximity to other uses and it is important to ensure that both uses remain compatible. It is also important to set this against the town centre location and the policy aspiration to provide a mix of uses which would contribute to the wider vitality and viability of the town centre. In terms of disruptions, in relation to late night noise, littering and other mess, this is covered adequately under separate licensing requirements.

Access and Vehicle Movement

Further objections relate to the potential for the development to create additional parking and traffic hazards by encouraging illegal parking. The Director of Technical Services (Roads) did acknowledge this concern, but concluded such a use is typical within a central location and the excellent pedestrian links to both on street parking and nearby public car parks should be utilised by visitors, allowing compliance with Local Plan Policy Inf4. Illegal parking on the A7 Trunk road at this junction is, any event, a road traffic offence which would be dealt with as a police enforcement matter.

Legal Issues

It was suggested that the area of ground to the rear referred to as a solum or courtyard, which is proposed to be utilised to form an extension, is in fact not under the ownership of the applicant. However, the applicant provided documentation from a solicitor informing of the applicants ownership of the ground in question and for the purpose of this application, the Planning Authority must treat that information at face value. The grant of planning permission would not alter any rights, including in relation to ownership, that might exist at the site.

CONCLUSION

It is considered that the proposals are in compliance with Local Plan Policy ED5 in that, the development of a Class 3 food and drink use is an acceptable use of a ground floor property within a town centre. It has been demonstrated by the consultation process that the recommendation of appropriate conditions and applicant informatives ensure in planning terms that the proposed use will not adversely affect the amenity of surrounding areas and properties, further the alterations proposed are minimal and will not detract from the appearance and integrity of the Listed Building or Conservation Area. Overall the development positively contributes to the character, vitality and viability of the town centre.

RECOMMENDATION BY HEAD OF PLANNING AND BUILDING STANDARDS:

I recommend the applications are approved subject to and the following conditions:

09/00662/LBC

2. The development hereby permitted shall not be carried out otherwise than in complete accordance with the plans and specifications approved by the Local Planning Authority.

Reason: To ensure that the development is carried out in accordance with the approved details.

Planning and Building Standards Committee 5 3. Prior to development commencing, any external redecoration or painting proposed upon the shop front (south east) elevation, shall first be submitted to and agreed in writing by the planning authority.

Reason: To safeguard the character and appearance of the Listed Building and Conservation Area.

Informative

1. With reference to condition 3, the applicant has advised that this recommendation does not approve any external redecoration or painting of the shop front and requires further details to be submitted for approval.

09/00663/FUL

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. The development hereby permitted shall not be carried out otherwise than in complete accordance with the plans and specifications approved by the Local Planning Authority.

Reason: To ensure that the development is carried out in accordance with the approved details.

3. An additional carbon filter, specifically an ‘attenuation box’ shall be fitted internally towards the end of the ventilation ducting to further remove cooking odours. Reason: To safeguard the amenity of the surrounding area and neighbouring properties.

4. The flue shall be mounted to the exterior of the building using acoustic mounting to reduce noise and vibration. Reason: To safeguard the amenity of the surrounding area and neighbouring properties.

Informatives

1. The applicant is advised that should Environmental Health receive any complaints regarding odour or noise produced from these premises, Environmental Health are duty bound by the terms of Section 79 of the Environmental Protection Act 1990 (Statutory Nuisances) to investigate such complaints.

2. In terms of the possible requirement for illuminated signage the applicant is advised that this requirement would be subject to a separate listed building consent application and may also require advertising consent.

Approved by Name Designation Signature Brian Frater Head of Planning and Building Standards

The original version of this report has been signed by the Head of Planning and Building Standards and the signed copy has been retained by the Council. Author(s) Name Designation Scott Shearer Assistant Planning Officer

Planning and Building Standards Committee 6 Planning and Building Standards Committee 7 Item No. 5(c) SCOTTISH BORDERS COUNCIL

PLANNING AND BUILDING STANDARDS COMMITTEE

8 FEBRUARY 2010

APPLICATION FOR PLANNING PERMISSION

ITEM: 5(c) REFERENCE NUMBER: 09/01033/FUL

OFFICER: Mr Scott Shearer WARD: Selkirkshire PROPOSAL: Erection of free range poultry building and formation of new access road SITE: Kirkhope Farm, Ettrickbridge APPLICANT: Eckford Farming Ltd AGENT: Buccleuch Rural Design

SITE DESCRIPTION

The site is located in a field some 300m to the south west of Kirkhope Farm Cottages near Ettrickbridge. The proposed building would be located within an existing dip in the field. The site is bounded by agricultural land to the south, east and west and by a well established wooded area to the south. The wooded area is on a steep slope which extends down from the site to the B7009. The site is currently used for grazing. The Ettrick Water, which is part of the River Tweed SAC, lies 400-500 metres to the south east, on the opposite side of the B7009.

PROPOSED DEVELOPMENT

This application is a resubmission following the refusal of application 08/01498/FUL. The application seeks full planning consent for the erection of a free range poultry building. The pitched roof structure would measure 156m x 16m, with a ridge height of 6.8m. Lean-to structures house a manure drying unit upon the north elevation and a kitchen/toilet/shower area on the south elevation, adjacent to two feed bins which would be bound by a blockwork retaining wall.

Vehicular access to the unit is to be formed with a new access road to the B7009 to the north east of the application site, leading into the centralised loading bay upon the structure.

The development is to be served by a curtain drain connecting to the existing drain and a shallow wet land area directly to the east of the building.

New woodland belts are proposed along the southern boundary of the application site, adjacent to a well established existing wooded area and along the existing eastern field boundary.

PLANNING HISTORY

This application site was subject to a full planning application for the erection of a free range poultry building (ref. 08/01498/FUL). This application was refused at committee, contrary to recommendation, for the following reason: ‘The proposed development would have adverse effects on the amenities of the surrounding area and residential properties and the applicants have not demonstrated that the effects can be adequately controlled, particularly in terms of the handling and disposal of manure; the control of noise; and nuisance, including vermin and flies, all contrary to Policies G1 and D1 of the Scottish Borders Local Plan 2008. In particular, the Planning Authority considers that, in order to fully assess the impacts of this development, full details of the storage, handling Planning and Building Standards Committee 1 and disposal of manure should be submitted for consideration alongside the application for the proposed development.’

Previously, a full planning application for the erection of an agricultural building for free range egg production (ref: 07/02250/FUL) was withdrawn on 9 May 2008. The application site was located some 1000m to the north of the current application site and was withdrawn due to concerns relating to the potential impact of the proposal upon the setting of Kirkhope Tower and the surrounding landscape.

It is also worth noting that neighbouring this development to the north east, a site under the control of this applicant benefits from planning consent for the development of an agricultural steading incorporating a muck store under planning approval 08/01962/FUL.

REPRESENTATION SUMMARY

Similar to the previous application 08/01498/FUL numerous third party objections have been received, totalling 19. These can be viewed in full on the Council’s public access system. The principal grounds of objection can be summarised as follows:

x Question Council accepting receipt of application following previous refusal. x Adverse impact on the landscape x Risk to human health x Noise and smell x Increased risk of avian flue x Potential damage to wildlife habitats x Increase in heavy traffic x Damage to ecology of area x Adverse impact on local amenity x Increased risk of pollution into watercourse x Development is an industrial installation not agricultural x High sided structure will foster violent water run-off x Impact upon River Tweed SAC and SSSI x Planning conditions should not be used to secure precise details of development as this should be public knowledge with the ability to further comment. x Development only creates 1 additional job. x Drainage and manure spreading x Flood risk x Lack of Environmental Impact Assessment (EIA) x Water supply x Rodent control and flies x Dead birds x Lack of detail relating to landscaping proposals

APPLICANTS’ SUPPORTING INFORMATION

The proposal was accompanied by a supporting statement, available to view in full on the Public Access system. The following is a summary of the points raised:

x The long linear form of the proposed shed sits well within the natural dip in the field and the natural form of landscape helps screen the building. To further minimise the impact it is proposed to re-grade the land in the depression to set the building into the hillside. Its visual impact will be further mitigated by the rising land to the north west; existing landscaping belt to the south east stretching to the western edge; and the provision of further landscaping screen. x The unit would be similar to an existing production unit based at Gilkeekit on the Bowhill Estate. Planning and Building Standards Committee 2 x Building contains modern multi-tier aviary system with manure from bird air dried on manure belts and gathered through an automated process within plant. Dry manure will be collected twice a week stored off site in a separate manure store approved by Council under application 08/01962/FUL, within the applicants nearby steading, this practice will address previous concerns. Litter produced by birds is a organic fertiliser which will be utilised on the farm holding or alternatively taken by a local business. x The building would be washed out once every 14 months. This is the only time the building would be wet inside. When wash down occurs, the wash water (which contains no chemicals) flows to a sump at either end where it is collected by a vacuum tanker and is subsequently spread on grassland well away from watercourses and water supplies; x Roof water would be taken to a soakaway system of drainage. Toilet and kitchen waste would be drained via a septic tank with soakaway formed within site. Existing field drains would be diverted away from the building as a dry system is required around the building; x Ammonia discharged by ventilation fans impact likely to be low, high velocity will limit dust particles, CO2 produced by development would have no quantifiable effect on the local environment. Ventilation system shown to produce noise levels 3dB above background levels when measured 50m from the shed, other noise will be minimal. Procedure of manure handling will limit odour. x Traffic to and from the site would be two egg uplifts and one feed delivery per week apart from the normal activities of personnel working on site; x A new water supply would be used for the both the staff and birds and would provided from a new borehole; x Operation of the facility will be carried out in strict accordance with Scottish Governments ‘Prevention of Environmental Pollution From Agricultural Activity (PEPFAA) ‘Code of Practice’. x Expert opinion from statutory consultees such as SEPA is a material consideration. x The number of birds is under the threshold requiring a Pollution Prevention and Control permit, the impact from the development will be low as no ponds, watercourses or woodlands are to be developed or modified.

CONSULTATION RESPONSES:

SCOTTISH BORDERS COUNCIL CONSULTEES

Director of Technical Services (Environmental Health):

As the proposed unit will house in the region of 32,000 chickens, enforcement of relevant legislation would be the responsibility of the Local Authority. As such the applicant should be required to provide information regarding the following:-

1. Proposed water supply and any implications for existing users if an existing supply is to be utilised.

2. Details of manure handling system within the plant, i.e. is it a wet system or a dry system, and details of measures to be taken to minimise any smells from the unit.

3. Details on disposal and storage of manure. If manure is to be disposed of by spreading to land, details will be required of proposals with the likely requirement that no spreading takes place within 300m of any dwelling house.

4. Details of any treatments intended to be implemented to control rodents or any nuisance which may be caused by flies.

Planning and Building Standards Committee 3 5. Details of likely levels of noise to be produced by the proposed plant and any methods of minimising any such noise.

6. Proposals on how it is intended that the disposal of dead birds is undertaken, with a recommendation that no incineration on site takes place.

Landscape Architect:

Recommendation should be conditioned to require a more substantial landscape plan to be agreed, as indicatively illustrated by Landscape Architect, the plan shall illustrate areas, mixes, densities and a programme of completion and maintenance.

Ecology Officer:

No survey information on breeding birds or mammals has been submitted. There is no other supporting evidence to suggest that the risk to these protected species is high. Measures should be put in place to avoid impacts on breeding birds. If works are proposed to commence during the breeding bird season, checking surveys will be required. Acknowledge SNH sting that the proposal will not have an adverse effect on nationally or internationally important natural heritage designations or protected species. Welcome use of shallow wetland.

Areas of Ancient woodland of Semi Natural Origin (Ancient Woodland Inventory) are along the southern margins of the site also identified in a search of the biological records as a Classified Wildlife site.

The Forest Habitat Network also identifies potential expansion areas for wet and upland Oakwood. There are opportunities for the protection and enhancement of the local Forest Habitat Network through a planting scheme to complement the existing woodland and boundary features.

The above habitat mitigation and enhancements should be included in a Landscape and Habitat Management and Enhancement plan.

The following conditions are recommended to be attached to any recommendation of approval:

1 To avoid impacts on breeding birds, works are only to commence outside of the breeding bird season (March- August). No works shall commence during the breeding birds season without the express written permission of the Planning Authority.

2 SEPA conditions apply to adequately address Surface Water Drainage.

3 The drystane dykes in fields containing proposed development are to be retained as far as possible.

4 The above habitat measures should be incorporated into a Landscape and Habitat Management and Enhancement Plan (LHMEP) which should also include enhancements of the local forest habitat network as identified in the Forest Habitat Network. The LHMEP is to be submitted for the approval of the Planning Authority prior to the commencement of works.

Director of Technical Services (Roads):

No objection to the principle to the proposal, require condition of agreement of a detailed plan showing how junction ties in with the public road and the junction shall be constructed by an approved contractor shown on the Council’s List 13 (DC-8).

STATUTORY CONSULTEES

Planning and Building Standards Committee 4 Ettrick and Yarrow Community Council:

Do not object, acknowledge concerns of drainage and speading of manure runoff in to Ettrick and the Jean Burn, smell of ammonia and increase in traffic. Would like to see Spruce trees interspersed with Scots Pine to provide long term screening.

Scottish Environmental Protection Agency (SEPA):

Original objection was withdrawn following amendment. Objected to the proposed treatment of contaminated surface water runoff from the roof and hard standing areas via a soakaway system. Acknowledge previous application brought to light information on the sensitivity of the receiving watercourse and the potential impact of the poultry farm.

The amended surface water drainage system illustrated upon drawing number PDU B26 001 incorporates a shallow lined wetland treatment system and a according curtain drain to provided the required level of treatment and will protect the receiving waters from pollution, allowing for removal of objection.

As the number of birds (32,000) is below the PPC Part A threshold of 40,000, issues such as noise and odour are outwith SEPA’s direct control.

Guidance in relation to the following is provided, surface water drainage, manure storage and waste and regulatory requirements were provided.

Scottish Natural Heritage (SNH):

Raise no objection, as development not considered to impact on national or international designations or protected species. The Ettrick Water, which forms part of the River Tweed Special Area for Conservation (SAC), lies to the south east of the site on the opposite side of the B7009, provided SEPA approve water management proposals, it is considered that the development will not significantly effect the qualifying interests features of the River Tweed SAC. Further welcome the proposed planting.

Other Consultees None.

DEVELOPMENT PLAN POLICIES:

Scottish Borders Structure Plan 2001-2011

Policy E16: - Rural Economic Development Policy N5 - Local Biodiversity Action Policy N6 – Environmental Impact Policy N8 – River Tweed System Policy N9 – Maintaining Landscape Character Policy N20 – Design

Scottish Borders Local Plan December 2008 Policy D1 – Business, Tourism and Leisure Development in the Countryside Policy G1 – Quality Standards for New Development Policy NE5 – Development Affecting the Water Environment

OTHER PLANNING CONSIDERATIONS:

PAN 39 – Farm Forestry Buildings, March 1993 PAN 39 – Farm and Forestry Buildings, March 1993 PAN 58 – Environmental Impact Assessment, September 1999 PAN 73 – Rural Diversification Planning and Building Standards Committee 5 SPP15 – Planning for Rural Development Scottish Borders Council’s Supplementary Planning Guidance on Landscape and Development Scottish Borders Local Biodiversity Action Plan

KEY PLANNING ISSUES:

The key planning issues to consider are whether the proposed development would have an adverse affect on the amenity of the surrounding area and residential properties, or whether sufficient safeguards are in place to demonstrate satisfactory control of the handling and disposal of manure; control of noise; and nuisance, and; x Whether the proposed development would have an adverse impact on the landscape; x Whether the proposed development would have an adverse impact on local ecology; x Whether the proposed development would have an adverse impact on the River Tweed SAC; x Whether the proposed access arrangements are acceptable; and x Whether there would be an adverse impact on local archaeological sites.

ASSESSMENT OF APPLICATION:

Validity of Application

Questions were raised from third parties regarding the correctness of the Planning Authority to accept this resubmitted application for a scheme recently considered and refused by the Council. It is therefore pertinent to address this concern first.

Planning authorities can only decline to accept revised applications where within the past two year, an application has been refused and an appeal against that decision dismissed or where more than one similar application has been refused by the planning authority (Section 39 of The Town and Country Planning (Scotland) Act as Amended by the Planning etc (Scotland) Act 2006.

Neither of these circumstances have occurred in this case and the Council is obliged to proceed to determine this application.

Planning Policy

Policy E16 of the Scottish Borders Structure Plan 2001-2011 states businesses and industrial development which will support the rural economy will be encouraged provided it can be achieved in accordance with the Plan’s other policies, particularly those relating to the environment. Proposals that provide employment in villages or the countryside, contribute to the wider rural economy or are part of farm diversification schemes will generally be supported.

Local Plan policy D1 further reiterates this encouragement of appropriate rural employment generating development within the countryside provided the nature of the development is appropriate, while respecting the character and amenity of the surrounding area and not generating a significant adverse impact on nearby uses, particularly housing. The policy encourages development which is intended for agriculture or uses which demand a rural location.

The proposed development falls within this definition and by providing employment in the locality, would contribute to the wider rural economy. Therefore, consideration must be given to this large scale proposal, but this must be balanced against other issues, particularly in relation to landscape impact, environmental concerns and implications the development would have upon the amenities of surrounding residential properties.

Landscape

The proposal consists of the erection of a substantial building measuring approximately 156m x 16m with the associated hardstanding and ancillary buildings and the proposed access arrangements. Whilst the proposals make use of an existing natural dip in the ground, the works Planning and Building Standards Committee 6 involve cut and fill earthworks which are a further impact on the landscape form. The introduction of such a building has the potential to create significant landscape impacts. However, the natural containment provided by the landform and the distance from sensitive receptors such as residential properties means that the actual impact would be relatively small. In order to ensure that the proposed access track and building are not visually prominent, any approval granted should be subject to suitably worded condition(s) requiring appropriate planting proposals. The principal receptors here will be people walking over the hills. This would undoubtedly affect local landscape character, but this should not be unacceptable given the existing level of use of the site. The requisite additional appropriate planting would help to minimise adverse impacts.

The existing landform of the area provides an opportunity for this type of development as the site is not readily visible from the public roads within the vicinity. The building would be located low within the dip and along with appropriate levels of landscaping, would not have a significant adverse impact upon the landscape quality of the area. Any further development at this site, for any other buildings, would need to be given careful consideration as these would be potentially more visually prominent as they would not be able to utilise the existing gully.

However, it is considered that some additional structure planting may be appropriate in order to improve the setting of the proposed building. It is suggested that, by linking new landscaping to the remnant of native woodland to the south-east of the site would improve the assimilation the development into the wider countryside, particularly from more distant views. A condition is proposed to this effect.

Ecology

No survey information on breeding birds or mammals has been provided. There is no evidence, however, to suggest that the risk to these protected species would be high. It is considered that suspensive conditions should be attached to any consent granted requiring these surveys to be carried out in the appropriate seasons prior to the commencement of any development.

SEPA and SNH have both indicated that they area satisfied that there would be no significant impacts on the River Tweed SAC/SSSI. In order to minimise impacts from diffuse pollution on water bodies draining the site a suitably worded condition should be attached to any consent granted requiring a 5 metre uncultivated buffer strip along the relevant field bordering the drains. Shallow lined wetland treatment system and to mitigate surface water run off are accredited.

The existing wooded area along the southern margins of the application site is an Area of Ancient Woodland of Semi Natural Origin (Ancient Woodland Inventory). This is identified in biological records as a Classified Wildlife site. It is therefore considered that habitat mitigation and enhancements should be included in a Landscape and Habitat Management and Enhancement plan.

Impacts upon Amenity of Existing Residential Properties

In common with the previous application, this proposal has been subject of a number of objections from residents within the vicinity of the site. Again, these concerns relate principally to noise, smell and the spreading of manure. Further, it was such adverse impacts upon the surrounding area and residential properties which were the ground of refusal of the previous application.

As the proposed unit would house 32,000 chickens, enforcement of relevant legislation will be the responsibility of the Council through environmental health powers. To this end, details will be required before operations at the site commence to ensure compliance with legislation, but as these relate to matters of detail, the requirement for this information can be reserved by condition.

In response to the reason for refusal of the last application, a supporting statement indicating details of the intended storage has been submitted; handling and disposal of manure is referred to. It is stated that the manure will be air dried within the plant via an automated process on belts below the birds. Dried litter is collected twice a week and removed to the manure/muck store under Planning and Building Standards Committee 7 control of the applicant as approved within application 08/01962/FUL at committee. Manure will not be stored in the application site for an extended period, significantly limiting the malodour produced from the facility. Manure will then be utilised on the farm holding as the organic matter will be spread as a fertiliser, in strict accordance with SEPA guidelines, the remaining manure will be taken by a local business. Further information has referred to in relation to control of noise and other nuisance.

These issues have been fully considered by the Council’s Environmental Health Officer who is content with the detail provided, subject to appropriate conditions. The proposed building would be a minimum of approximately 290m from the nearest residential property. There are no planning reasons for objection on these grounds, as controls of the suggested manure handling, noise and nuisances exist outside the remit of the planning process, and can be controlled by other legislation.

SEPA/Drainage

The revised surface water Sustainable Urban Drainage System (SUDS) incorporating a shallow lined wetland treatment system and curtain drain, is considered to accord with best practice in that satisfactory measures have been taken to protect the receiving watercourse and ground water from pollution, allowing SEPA to remove their initial objection. SEPA further reiterated as the number of birds is below the applicable PPC threshold of 40,000 birds issues such as noise and odour are outwith SEPA’s direct control.

Environmental Impact Assessment

The proposal falls under Schedule 2 of the Environmental Assessment (Scotland) Regulations 1999 being agricultural development for the purpose of poultry rearing. The proposed building covers less than 5 hectares, with the overall site being 32 hectares and would house less than 50,000 hens, thereby falling within the indicative thresholds and criteria as identified in the Environmental Impact Assessment (Scotland) regulations 1999. However, in consideration of the sensitivity of the site being in close proximity to the Ettrick Water, a tributary of the River Tweed SAC, the location of the proposal is considered environmentally sensitive. Consultation took place with the Scottish Environment Protection Agency and Scottish Natural Heritage prior to the submission of this planning application and as neither of these bodies raised concerns relating to the River Tweed SAC, the Council is of the view that a full Environmental Impact Assessment is not required.

Roads

A new access is proposed off the B7009 to the south east of the application site. The Director of Technical Services (Roads) noted that there was initially a lack of detail in the submission with regards to the proposed new / upgraded field access. A condition requiring a detailed plan demonstrating how the junction is formed with the public road is recommend with the construction works carried out by an approved contractor shown on the Council’s List 13 (DC-8). The applicant has recently submitted more specific details indicating clearly the access arrangement both in terms of road alignment and junction arrangements; the proposed road will be 4m in width, rather than the initially indicated 8m, generally with passing areas, shown in the submitted plan which have met with the agreement of the Director, subject to a minor revision to the layout of the junction.

Archaeology

The proposed development would have no archaeological implications.

CONCLUSION

Planning and Building Standards Committee 8 As with to the previous application, this proposed development has attracted significant third party opposition. In response to the previous reason for refusal, provided within the supporting statement accompanying this proposal was information specifically detailing the proposed storage, handling and disposal of manure and measures to control noise and nuisance. This documentation was considered by the Council’s Environmental Health service, as the appropriate enforcement authority for a development of this scale, and subject to the requirement of additional conditions the provisions of this development, no objection was raised. It is considered that the existing landform coupled with appropriate landscaping would ensure the shed will be located comfortably within the landscape. The satisfaction expressed by the other regulatory bodies conclude that this proposal complies with Structure Plan Policy E19 and D1 in that the development can be suitably accommodated within this site without adversely affecting the character and amenity of the surrounding area and neighbouring properties.

RECOMMENDATION BY HEAD OF PLANNING AND BUILDING STANDARDS:

I recommend the application is approved subject to the following conditions:

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. The development hereby permitted shall not be carried out otherwise than in complete accordance with the plans and specifications approved by the Local Planning Authority.

Reason: To ensure that the development is carried out in accordance with the approved details.

3. No development shall take place except in strict accordance with a scheme of landscaping works, which shall include provision for structure planting to the north and east of the proposed building, and which shall first have been submitted to and approved in writing by the Local Planning Authority, and shall include: i. indication of existing trees, shrubs and hedges to be removed, those to be retained and, in the case of damage, proposals for their restoration ii. location of new trees, shrubs, hedges and grassed areas iii. schedule of plants to comprise species, plant sizes and proposed numbers/density iv. programme for completion and subsequent maintenance. Reason: To enable the proper form and layout of the development and the effective assimilation of the development into its wider surroundings.

4. 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 occupation of the building or the completion of the development, whichever is the sooner, 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.

5. Notwithstanding the description of the materials in the application, no development shall be commenced until precise details of the materials to be used in the construction of the external walls and roofs of the buildings have been submitted to and approved in writing by the Planning Authority, and thereafter no development shall take place except in strict accordance with those details. Reason: The materials require further consideration to ensure a satisfactory form of development, which contributes appropriately to its setting.

Planning and Building Standards Committee 9 6. Details of all proposed means of enclosure shall be submitted to and approved in writing by the Planning Authority before work on the site is commenced. Reason: To enable the proper effective assimilation of the development into its wider surroundings.

7. No works shall commence at the site until a scheme for the provision of water supply for the development by a qualified person, including evidence that the necessary volume and quality of water can be provided and evidence that there will be no adverse impact on groundwater resources and existing water supplies, has been submitted to, and been approved in writing by, the Planning Authority in consultation and agreement with Protective Services (Environmental Health) and the Scottish Environment Protection Agency. Reason: To ensure that the site is adequately serviced.

8. The manure handling system within the building must be of air-dried type with sufficient fresh air being provided to the specification of the Planning Authority. Reason: To ensure no build up of ammonia smells occurs.

9. Before the development is commenced, details of the proposed manure store building and a manure disposal management plan to be submitted to and agreed by the Planning Authority. The disposal of manure to be undertaken in accordance with these agreed details. Reason: To protect the amenity of nearby residential properties and the local environment.

10. Details of any treatments intended to be implemented to control rodents or any nuisance which may be caused by flies shall be first submitted to and agreed in writing by the Planning Authority. Reason: To ensure that the proposed development makes satisfactory and appropriate provision for the control of pests.

10. Noise levels emitted by any plant and/or machinery used on the site must not exceed Noise Rating Curve NR30 when measured at the façade of the nearest noise sensitive residential property. Reason: To safeguard the amenity of the surrounding area.

11. No construction works to take place on site outwith the hours of 07.30 and 18:00 on any week day or 07.30 and 13:00 on Saturdays (nor at any time on Sundays or bank holidays except emergency work necessary for site/operator safety, or one-off work which would require to be subject to the prior approval of the Planning Authority). Reason: In order to control noise emanating from the site.

12. No incineration of dead birds to take place on site. Any dead birds must be placed in sealed containers as soon as they are discovered prior to removal from site for disposal. Reason: In the interests of environmental health.

13. Prior to the commencement of works, checking surveys for badger, otter and breeding birds are to be carried out. The results of such surveys are to be submitted for the approval of the Planning Authority. Any mitigation required to be undertaken to the specification of the Planning Authority. Reason: In the interests of natural heritage.

14. Checking surveys for badger, otter and breeding birds must be carried out prior to the commencement of works on site. The findings of these surveys must be submitted to and agreed by the Planning Authority and any mitigation measures must be put in place in advance of works commencing on site. Reason: In order to protect habitats and species.

Planning and Building Standards Committee 10 15. Works are only to commence outside of the breeding bird season (March- August). No works shall commence during the breeding birds season without the express written permission of the Planning Authority. Reason: To avoid impacts on breeding birds.

16. Prior to the commencement of the development, a five metre wide uncultivated buffer strip to be created and thereafter maintained along the relevant fields bordering the existing burn to the specification of the Planning Authority. Reason: In order to protect habitats and species.

17. The existing drystane dyke within the field containing the proposed development to be retained. No part of the dyke shall be removed or altered without the prior consent of the Planning Authority. Reason: To safeguard the amenities of the area and in the interest of natural heritage.

18. Habitat enhancements shall be included in the Landscape Planting and Management Plan (LPMEP) required by Condition 1 of this permission for the site to include enhancements of the local forest habitat network as identified in the Forest Habitat Network. The LHMEP is to be submitted to and agreed in writing by the Planning Authority and to be undertaken before works commence on site. Reason: In order to protect habitats and species.

19. The means of both surface water and foul drainage to be submitted to and approved by the Planning Authority before the development is commenced. Reason: To ensure that the site is adequately serviced.

20. Before the development is commenced, full details of the proposed earthworks, including existing and proposed contours, to be submitted to and agreed in writing by the Planning Authority. The works to be undertaken in accordance with these agreed details. Reason: To ensure the satisfactory form of the development.

21. No development shall take place except in strict accordance with a scheme of details indicating the junction arrangement and means of construction at the junction of the access road and the public road.

Reason: To ensure a satisfactory junction arrangement which will not prejudice the safety of the users of the public road.

Informatives

Any work carried out on the public road verge must be carried out by an approved contractor on Scottish Borders Council’s approved list (attached).

In respect of condition no. 3, it is expected that the boundary of the site adjacent to the public road with be strengthened with planting in order to reduce the visual prominence of the proposed access track.

Approved by Name Designation Signature Brian Frater Head of Planning and Building Standards

Planning and Building Standards Committee 11 The original version of this report has been signed by the Head of Planning and Building Standards and the signed copy has been retained by the Council.

Author(s) Name Designation Scott Shearer Assistant Planning Officer

Planning and Building Standards Committee 12 Planning and Building Standards Committee 13 Item No. 5(d) SCOTTISH BORDERS COUNCIL

PLANNING AND BUILDING STANDARDS COMMITTEE

8 FEBRUARY 2010

APPLICATION FOR PLANNING PERMISSION

ITEM: 5(d) REFERENCE NUMBER: 09/01005/OUT

OFFICER: Julie Hayward WARD: Selkirkshire PROPOSAL: Erection of 900 dwellinghouses including associated infrastructure, highway works, ancillary works and landscaping. Highway works to include formation of new roundabout on A68 trunk road and realignment of Whitelee Road SITE: Land North, East and West of Whitehill Farmhouse and Land North, South and West of 32 Sergeants Park Newtown St Boswells APPLICANT: Buccleuch Property & Elphinstone Estates Ltd AGENT: Camerons Ltd

SITE DESCRIPTION

The site, 62.85 hectares, consists of two areas of land, one to the west and one to the south of the existing settlement of Newtown St Boswells. The western site is gently undulating ground, predominantly east facing, between 120 and 140m AOD with its highest point near the north west corner. It comprises of four fields directly adjoining the existing residential areas of Newtown St Boswells and is divided by the Bowden road.

The southern site has shallower slopes towards the east side and rises from there at around 90m AOD to 135m AOD at the western corner. It comprises of three fields adjacent to the Whitelees road and the Borders College site and a smaller field adjacent to Whitehill Farm. The former railway line bisects the site.

Both sites are currently in agricultural use and the southern site has some established mature policy woodland associated with Whitehill Farm. The two sites are separated by the partially wooded, steep sided valley (dean) of the Bowden Burn, which runs north east to join the Tweed roughly 1km beyond.

The western site is within the Eildon and Leaderfoot National Scenic Area and Area of Great Landscape Value. The Bowden Burn is a SSSI and tributary of the River Tweed, a Special Area of Conservation.

PROPOSED DEVELOPMENT

This outline application proposed the erection of 900 houses on the overall site. An indicative master plan has been submitted to demonstrate how the whole site could be developed. This sets out broad design parameters and illustrates how the site will be serviced, accessed and framed by proposed and existing landscaping.

Planning and Building Standards Committee 1 The proposal includes indicative layout and density proposals for the two expansion areas, open space, play provision and landscaping. Pedestrian, cycle and vehicular links are proposed within the site and to the existing residential areas, village centre and existing footpath network beyond the village. Access to the western site would be primarily off Sprouston Road and Bowden Road. The southern site would be connected to the village centre by a traffic calmed road across the former railway bridge at Whitelees road linking to Bowden Road close to the Council Headquarters. A new five-arm roundabout is proposed on the A68 to replace the existing junction at the southern edge of the village.

PLANNING HISTORY

None

REPRESENTATION SUMMARY

Five representations have been received. These are available for Members to view on the Public Access System. The following planning issues have been raised:

x When the houses were erected at Stewart Place residents were assured by the Council that there would be no building erected on land behind these houses;

x The proposal would overshadow and overlook the properties in Stewart Place and affect their outlook;

x There is inadequate drainage and has been subsidence in the field behind Stewart Place;

x The increase in traffic will cause noise nuisance and access and egress problems;

x The application shows part of the existing Hawkslee access within Hawkslee Farm being taken over. This serves three houses, the farm and a beauty salon and should not be compromised. The proposal must not threaten the viability of the existing homes and businesses or planned homes and businesses during or after construction work. The drawings show that a large section of the banking on the eastern side of the A68 adjoining Hawkslee will be used as part of the plan with no indication of what this land will be used for or whether it will affect noise levels at the homes and businesses at Hawkslee;

x The proposals for land adjoining Hawkslee are contrary to Structure Plan and Local Plan policies;

x The proposal would put housing onto the land to the west of Sergeants Park, which are the northern fields of Site ANEWT005 in the Amended Local Plan. These two fields are within the Eildon and Leaderfoot National Scenic Area and abut the foot of the Eildons and were specifically ruled out for development by the Local Plan Inquiry Reporter but the Council put them back in with the intention, but no guarantee, that they would be earmarked for landscaping to support housing. The application should be refused or these fields either removed or only allowed for landscaping/screening in any future development;

x The proposal for 900 houses would double the size of Newtown St Boswells expanding it until it almost merges with St Boswells. Planning permission was granted for a large number of houses in St Boswells and there have been issues with the quality of these properties but there are a number for sale or let, which indicates that the housing market is becoming

Planning and Building Standards Committee 2 saturated. Property prices in the Borders have become so high that it makes it difficult for people on average wages to buy properties;

x Both Newtown St Boswells and St Boswells would be adversely affected by a large ribbon development;

x A new village at Charlesfield that would develop its own identity and have its own school would be less intrusive and allow neighbouring villages to retain their identity;

x Access from Milestone Garden Centre and the adjacent land with planning permission for retail use to the strategic road network should not be compromised by the proposed access arrangement;

x Three options were considered by the applicants in association with Transport Scotland for access onto the A68. The application was lodged adopting Option 8 before the other options had been fully assessed. Option 8 involves moving the junction further south, which is a more convoluted and costly solution. Access to the field with planning permission for retail use and to the garden centre should still be possible without adding to the owner’s development costs over the short, medium and long term.

APPLICANT’S SUPPORTING INFORMATION

A master plan has been submitted that aims to “set the scene” for the future development of the site by establishing broad design parameters and illustrating how the expansion areas will be serviced, accessed and framed. The master plan aims to demonstrate that the proposed expansion of Newtown St Boswells can provide a sustainable community with a strong identity that positively integrates and reinforces the existing settlement. It aims to provide a strategic framework for the preparation of detailed design guidance for the development of the expansion area that will be applied to detailed applications for the site.

A key objective of the master plan is to establish a framework for development which is rooted in its “context” and integrates into the existing settlement and so it includes an analysis of the existing settlement and landscape. This includes a detailed look at the historical growth of the village and a study of the existing settlement and character areas, community facilities, existing open space and connections within Newtown St Boswells and to the countryside beyond. It highlights historic buildings and places of interest. It considers the topography of the village, water bodies, the existing landscape and constraints and opportunities.

Identity studies of existing Border settlements were carried out to understand the components of the local character and to establish which characteristics and elements make a settlement successful and to establish what ingredients combine to form public space and what scale these spaces are. From these studies design lessons were extracted which will be incorporated into the detailed design guidance that will form and control the future development of the site. The design lessons relate to public and private boundary treatments, frontages and access, building form, fenestration, density, key buildings, nodes and spaces, corner treatments and orientation.

The identity studies and design lessons have been used to form concepts that have combined to form the physical structure of the proposed site layout contained within the master plan. These concepts include nodes and links, landscape structure, edges and boundaries, street networks, identity areas, site permeability and orientation. The concepts of nodes linked through permeable streets and green spaces that connect to the landscape and existing village and of an urban focus provides a variety in building forms and forms the basis of the proposed expansion layout.

Planning and Building Standards Committee 3 The layout is heavily influenced by the site’s topography and existing physical features and takes into account significant view and solar orientation. The individual components of the master plan and the layout are outlined and considered in the assessment section of this report.

An Environmental Impact Assessment has been submitted with the application. This considers water and drainage, ecology, archaeology and cultural heritage, landscape and visual impact and construction effects. This also includes a Transport Assessment.

A Landscape Framework has been submitted that proposed a strategic planting framework within and outwith the site. This is based on a landform analysis of the site and its surroundings, visual impact and intervisibility of the site in the wider context, existing landscape planting within the site and the surrounding area and proposes a strategic landscape framework for the whole site, including edges and boundaries, reinforcement of the existing landscape framework by the provision of robust structural planting and open space that respects the land form and existing land cover. This has then been overlayed on the master plan to demonstrate the effect the landscape and open space framework has on the layout and the more sympathetic treatment of built blocks within a green infrastructure. It states that the intention to retain, reinforce and enhance existing key landscape features and supplement this framework of vegetation with additional strategic planting and open space would reinforce the landscape character, local identity an provide a strong sense of place to both the development and Newtown St Boswells itself.

DEVELOPMENT PLAN POLICIES

Consolidated Structure Plan 2001-2018

N2: International Sites N3: National Sites N6: Environmental Impact N7: Protection of Nature Conservation Interest N10: National Scenic Areas N11: Area of Great Landscape Value N14: National Archaeological Sites N15: Regional and Local Archaeological Sites N16: Archaeological Evaluation, Preservation and Recording N20: Design H1: Housing land Shortfall 2006 – 2018 H3: Housing land Allocation and Development H9: Affordable and Special Needs Housing C2: Education and Health Services C6: Open Space C7: Play Areas C8: Access Network I1: Transportation and Development I3: Protection of Former Railway Routes I5: Cycling I7: Walking I11: Parking Provision in New Development I14: Surface Water I15: Flooding

Scottish Borders Local Plan: Adopted 2008

Planning and Building Standards Committee 4 G1: Quality Standards for New Development G4: Flooding G5: Developer Contributions G6: Developer Contributions Related to Railway Reinstatement BE2: Archaeological Sites and Ancient Monuments BE10: Newtown St Boswells Expansion Safeguarding BE11: HA1 Land Safeguarding: North and South Roxburgh NE1: International Nature Conservation Sites NE2: National Nature Conservation Sites NE3: Local Biodiversity NE4: Trees, Woodlands and Hedgerows EP1: National Scenic Area EP2: Area of Great Landscape Value H1: Affordable Housing H2: Protection of Residential Amenity Inf1: Transport Safeguarding Inf3: Road Adoption Standards Inf4: Parking Standards Inf5: Waste Water Treatment Standards Inf6: Sustainable Urban Drainage Inf11: Developments that Generate Travel Demand

Scottish Borders Local Plan Amendment Draft 2008

G8: Development Outwith development Boundaries H2: Protection of Residential Amenity H3: Land Use Allocations

OTHER PLANNING CONSIDERATIONS:

SPP3: Planning for Homes SPP7: Planning and Flooding SPP11: Open Space and Physical Activity NPPG14: Natural Heritage SPP20: Role of Architecture and Design Scotland SPP23: Planning and the Historic Environment

PAN42: Archaeology PAN58: Environmental Impact Assessment PAN60: Planning for Natural Heritage PAN65: Planning and Open Space PAN67: Housing Quality PAN69: Planning and Building Standards Advice on Flooding PAN74: Affordable Housing PAN76: New Residential Streets PAN78: Inclusive Design PAN83: Masterpalnning

Supplementary Planning Guidance - Developer Contributions Updated April 2009

Supplementary Planning Guidance - Affordable Housing March 2007

Planning and Building Standards Committee 5 Supplementary Planning Guidance – Biodiversity December 2005

Draft Supplementary Planning Guidance – Green Space March 2009

Supplementary Planning Guidance – Placemaking and Design January 2010

Scottish Borders Council’s Housing Needs Study and Affordable Housing Policy Report December 2006.

CONSULTATION RESPONSES

Scottish Borders Council Consultees

Director of Technical Services (Roads): In principle , I am supportive of the overall development and regeneration proposals for Newtown St Boswells. However , there are a few fundamental roads issues that need to be incorporated into the overall master plan to enable me to fully support this application.

Director of Technical Services (Flood Prevention): In terms of information that this Council has concerning flood risk to this site, I would state that The Indicative River & Coastal Flood Map (Scotland) known as the “second generation flood mapping” prepared by SEPA indicates that part of the South site is at risk from a flood event with a return period of 1 in 200 years. That is the 0.5% annual risk of a flood occurring in any year. The areas involved are extensive and as there are current pluvial flooding problems in the village particularly associated with the North site. I would advise that a Drainage Impact Assessment is required in this instance. I also advise that a Flood Risk Assessment is required in this instance for the Bowden Burn.

Director of Planning & Development (Landscape): In terms of the Borders Landscape Assessment, the sites lie within landscape character type 29LT: Lowland Valley with Farmland (Lower Tweed) a ‘river valley’ type but close to 11E: Grassland with Hills (Eildon) an ‘upland fringe’ type. Newtown St Boswells lies very close to the Eildon Hills, one of the principal scenic features of the Borders and all the land to the east, north and west of the town is designated as National Scenic Area (NSA). This includes the whole of the west site and the adjoining dean of the Bowden Burn but excludes the south site and the existing settlement.

There are major concerns that the submitted proposed will fail to provide the sustainable and attractive development that is called for. In particular, the lack of rigorous landscape analysis has resulted in blocky geometric housing areas that would not enhance the setting of Newtown or avoid damaging the integrity of the National Scenic Area. The two sites lack connection with the centre of the settlement (and with each other) and, despite its weakness in terms of existing urban fabric, there is no attempt to provide any strengthening of the core of Newtown St Boswells even though it would become a much enlarged settlement. Potential complications associated with the railway are acknowledged but have not been translated into the design layout. Despite the importance of trees in providing a mature framework for development, there is a lack of detail on the existing tree cover. I do not see how a satisfactory development can be provided until all these issues are addressed effectively.

Director of Planning & Development (Ecology): I have a number of concerns regarding European Protected Species. The ES considers it likely that the Bowden burn is used by otter. On this basis further survey for otter along the Bowden burn is required to fully assess impacts on European Protected Species. The report notes a number of features that are potential bat roosts. On this basis further survey for bats of the identified potential roosts is required to fully assess impacts on

Planning and Building Standards Committee 6 European Protected Species. The ES identifies a single permanent standing water body within the grounds of the Whitehill property which appeared to be suitable for great crested newt colonisation. On this basis further survey for great crested newt is required to fully assess impacts on European Protected Species. The ES identifies badger setts and other signs. The Council has a requirement in its SPG: Biodiversity for the protection of foraging areas for badgers. An assessment of impacts on badgers is required. The ES states that the riparian habitat is of sub-optimal quality for water vole. Given the indication of use of the area for amenity purposes further survey work is required. The ES identifies squirrel signs adjacent to Whitehill Farm in mixed plantation south of which is said to be unaffected by the development. A further survey for red squirrel along the Bowden burn is required.

The ES identifies the Bowden Burn Valley as a Local Wildlife Site. As the area identified as an amenity area includes part of this Local Wildlife Site (a site of regional importance) the ES should include an assessment of impacts on the LWS. Opportunities may arise for access and interpretation. The ES fails to record Parkland features adjacent to Whitehill Farm. This parkland is an obvious feature and would be consistent with the LBAP Wood Pasture & Parkland habitat and there are requirements to protect and minimise impacts on these habitats under the SPG: Biodiversity. The ES does not identify how these features are to be protected and incorporated in the master plan design.

Opportunities exist to protect and enhance the Forest Habitat Network, particularly linkage to the Borders Woods Special Area of Conservation/Newtown Woods SSSI and protecting and buffering the habitats along the Bowden burn including the LWS. Enhancement of boundary features including hedgerows should have also informed the ES and resultant design.

Director of Planning & Development (Archaeology): There are archaeological implications for the proposed development. The area around Newtown St Boswells has seen significant human use and occupation since at least the Iron Age. This activity is most readily exemplified by several nationally important prehistoric and historic sites near Newtown such as Eildon Hill North, the Roman complex at Newstead and Dryburgh Abbey. The visible evidence of past human occupation of the landscape is best seen to the north and west of Newtown St Boswells. However, invisible, buried, remains of human activity have likely been obscured by several centuries of intensive cultivation in the area.

The master plan highlighted a series of archaeological features. There are a number of known heritage assets within 500 metres of the development area as proposed. There is a risk that these sites will be affected by the development. In addition, there is a strong likelihood that the development will encounter the Roman and later Dere Street somewhere in the southern portion of the development area. As such, it is important to put a mitigation strategy in place that will reveal any surviving segments of the road. Furthermore, there may have been Roman temporary camps and later settlements along the road.

Any development impacts on this landscape setting can have adverse impacts on the overall settings of monuments. As such, if the Newtown St Boswells expansion goes forward, it is important at an early stage to specify ways to limit the setting impacts on Scheduled sites in the area. Of the three nearby Scheduled Monuments, only one, Eildon North Hill, will have its setting impacted by developments in Newtown St Boswells. It is unlikely that appropriate mitigation can be found to ‘screen’ views from Eildon North Hill to Newtown St Boswells. That being said, the plantation of a screening ‘shelter belt’ on the lower approaches to the hill will help to isolate the hill from the development.

In terms of possible direct impacts to buried archaeological features within the development area, and the high archaeological sensitivity of the area generally, I would suggest a programme of

Planning and Building Standards Committee 7 mitigation in line with national and local policies aimed at assessing the entire development area for buried archaeological features.

Director of Planning & Development (Access): There is one claimed right of way/Core Path 209 on this area of land. Developer contributions should be sought in order to enhance and expand the existing path network for all types of users outwith the development area. In particular the creation, expansion and enhancement of pedestrian, cycling and equestrian access links to the village, satellite villages, industrial areas and places of interest.

Creation, expansion and enhancement of the path network should be complimented with appropriate environmental and landscape improvements in keeping with the existing natural environment.

Newtown St Boswells is currently a small village and as such has a very limited path network which is not actively promoted and managed. Existing promoted routes which pass through the village are Borders Abbeys Way and St Cuthbert’s Way. These are medium distance routes which link a variety of settlements and areas. The remaining existing path network around the village is largely informal un-surfaced pathways and claimed rights of way. There is a shortage of paths which can be used by the public with confidence, path networks are fragmented, most paths are unsigned and there is little information about where people can go, urban roads have become busy and less safe to use and there are limited or non-existent opportunities for cycling or horse-riding off-road.

The proposed increase in village expansion and population growth will result in a deterioration of the existing path network through increased pedestrian, cycling and equestrian traffic. Newtown St Boswells is well placed to take advantage of the surrounding countryside and potential linkages to neighbouring settlements. Therefore the existing path network should be expanded, upgraded, linked to further settlements and areas of interest and managed accordingly to the traffic expected of it. Creation of an extensive path network will benefit the village population through increased enjoyment of the outdoors, ensuring a healthier lifestyle. It would also increase visitors to the village, create better links to adjacent communities and increase the quality of life for the village.

Director of Planning & Development (Urban Design): It is acknowledged that this is an outline planning application and as such only a certain amount of information can be provided by the applicant, however it is essential that the strategic information produced at this stage has rigour, accords with best practice and is sufficient for an appropriate understanding of the application to be made. While detailed proposals may be covered by subsequent reserved matters there is still a need at this stage to ascertain the strategic physical framework that will achieve integration with the landscape and settlement context. This strategic information must be robust enough to provide sufficient confidence in dealing with this at the subsequent reserved matters stage.

The master plan document lacks clarity or certainty over the vision, sense of place and urban design principles that will be applied and how the development will respond to the sensitive landscape context and the wider placemaking agenda. There is a lack of connectivity between site analysis and the master plan proposals. Furthermore, there is not sufficient rigour in the strategic principles contained within the master plan document to ensure the quality of placemaking and landscape integration can be developed and controlled with certainty through the reserved matters process. This development is arguably the largest in the Borders for some time, with a significant portion of the site lying within the Eildon & Leaderfoot National Scenic Area. Based on the above issues, the overall approach taken should be reconsidered and the outline master plan revised.

Director of Planning & Development (Development Negotiator): On the basis of the plans submitted, prevailing policy and the advice of the Housing Strategy Team (HST), there is a requirement for the on-site provision of affordable units at a rate of 25% provided through the phased development of the proposals. HST anticipate that this will be met through a number of methods as Planning and Building Standards Committee 8 set out in the AHP, rather than rely on Scottish Government financially-assisted methods, principally via RSLs. It is envisaged that RSL delivered affordable housing will mainly be for social renting rather than low cost home ownership [LCHO] and will probably be delivered through Eildon HA via the emerging "leading developer" arrangements which are being promoted by Scottish Government via its affordable housing investment reform workstream. The balance of social renting and LCHO units will be largely be informed by Housing Need and Demand Assessment research and market conditions. The affordable housing house tenure, types and size will be identified and agreed between the RSL developer and SBC on a phased basis to meet identified need. It is recognised that in the current market conditions, LCHO homes are not selling well for a number of reasons. In order to manage risk the affordable housing provider may prefer to provide more social rented housing in early phases, with potentially more LCHO being provided in the longer term as the market recovers. HST would anticipate that the identification and prioritisation of individual affordable housing sites/investment projects will be done through the Council's Strategic Housing Investment Plan process.

Other development contributions may also be sought in respect of this application.

Director of Education and lifelong Learning: Response awaited.

Environmental Health Officer: The applicants should be required to submit an assessment of the impact of the development on local air quality. The assessment should quantify the levels of pollutants likely to arise from the development, with reference to the National Air Quality Objectives. The issues addressed should include pollution arising from the presence of additional road traffic and human occupancy and the use of any proposed zero carbon technologies. The application appears to be proposing the redevelopment of land which due to its area covered a number of land uses including railway land and mill processing areas. This land use is potentially contaminative and it is the responsibility of the developer to demonstrate that the land is suitable for the use they propose. It is recommended that planning permission should be granted on condition that development is not be permitted to start until a site investigation and risk assessment has been carried out, submitted and agreed upon by the Planning Authority. Any requirement arising from this assessment for a remediation strategy and verification plan would become a condition of the planning consent, again to be submitted and agreed upon by the Planning Authority prior to development commencing.

Statutory Consultees

Scottish Government: The response relates to the Scottish Ministers responsibilities for water supply, water protection, sewerage, flood prevention, coastal protection, waste disposal, soils, air quality and noise. Impacts during construction are likely to include increased noise, vibration and dust but a Construction Environmental Management Plan will be devised and implemented during the construction phase to minimise these effects.

Scottish Environment Protection Agency: Object to this planning application unless the conditions in sections 1.3, 2.4 and 4.1 are attached to any consent. We have identified two areas within the development site which may be at risk of flooding and may therefore place people and property at flood risk. The main areas of concern relate to the unnamed watercourses situated in the ‘West Site’ to the north of Bowden Road and the ‘South Site’ along the southern site boundary. In accordance with the provisions of Scottish Planning Policy 7 Planning for Flooding, flood risk assessments (FRA) should be undertaken for these two watercourses to inform the detailed site layout. As the majority of the development site is not at flood risk we are satisfied that any potential flooding issues can be adequately mitigated by alterations to the site layout. As part of the assessment of the unnamed watercourse in the West Site we recommend that you seek opportunities for the enhancement of this channel as part of the open space provisions. This watercourse as been channelised in the past and

Planning and Building Standards Committee 9 has two 90° bends. Restoration of this channel to a natural mender would have benefits for flood risk and habitat enhancement.

We are also aware that there is an issue with pluvial (overland) flooding in the West Site. As recommended by your Flood Prevention Officer, a Drainage Impact Assessment should also be undertaken.

All developments within a sewered area to connect to the public sewer. As acknowledged in the Adopted Scottish Borders Local Plan 2008 there is limited sewer capacity in Newtown St Boswells, and a new Waste Water Treatment Plant would be required for any extension. As each phase of development comes forward, we will require assurance that Scottish Water is committed to the necessary upgrades to the foul drainage infrastructure. We do not want to be in the position of objecting to a later stage of development but if this commitment cannot be demonstrated we may have no choice. The ability to discharge waste water may therefore affect the principle of this development at a later date.

A strategic Sustainable Urban Drainage Strategy for the development has been agreed in principal with members of our Galashiels Environmental Protection and Improvement Team. The proposed strategy will provide adequate levels of treatment for surface water run-off from individual plots, roads, and the proposed roundabout on the A68. This will then be developed in detail as each phase of development comes forward.

Re-consultation: We note that condition numbers 7, 8, 9, 10 and 11 relate to the requests we made in our previous letter dated 4 September 2009. As you are aware, we objected unless conditions relating to flood risk, waste water drainage and waste management where attached to a grant of planning permission. We are now satisfied that the conditions outlined in your letter address our requirements and therefore withdraw our objection.

Scottish Natural Heritage: Object to the development proposal due to likely adverse impacts on the landscape character and scenic qualities of the Eildon and Leaderfoot National Scenic Area. The National Scenic Area is coming under considerable pressure for development. The western section of the site is located within the National Scenic Area and the southern section is adjacent to it. This is a relatively large development within a small National Scenic Area. The outline planning application and supporting information goes some way to addressing our concerns about the potential impact of the development on the National Scenic Area however, at this stage there is no certainty that the proposals in the outline master plan will be taken forward by any future development.

We have concerns regarding the impact of the development on the River Tweed SSSI and Special Area of Conservation from foul and surface water, but provided that these issues are adequately addressed by the requirements of SEPA and Scottish Water this proposal is unlikely to have a significant effect on the qualifying features of interest of the River Tweed Special Area of Conservation. The site is sufficiently distant from the Border Woods Special Area of Conservation that the development would not have a significant effect on the qualifying features or interests of the Border Woods Special Area of Conservation.

It is acknowledged that the master plan provides a strategic framework for the development but given the sensitivities and national importance of the site we were expecting a greater degree of certainty about the form, siting and design for the principle built elements within their landscape context. There is a need for clear and detailed information on the design of associated public realm and wider landscape treatments. Detailed design guidance is required at this stage to assess the impact of the proposed development on the National Scenic Area.

Planning and Building Standards Committee 10 There is concern that reserved matters application will be submitted over time in a phased approach in the absence of a detailed and agreed master plan. Aspects of the development, such as open space, landscaping, retention of trees and hedgerows and SUDS need to be designed and delivered on a whole site basis from the outset to ensure appropriate cohesion within the development.

The ES contains information on protected species and the land is either arable or pasture so unlikely to be of high nature conservation value. The landscape and visual assessment is limited in scope and the landscape and visual appraisal is of little value in evaluating the landscape and visual impact of the development. A comprehensive landscape and visual assessment is required or the development as a whole.

Re-consultation: Based on our consideration of the further information submitted we have been assured that our concerns can be addressed through the use of planning conditions and it has been agreed that we will be consulted on the draft conditions. Provided that the draft conditions address out concerns we would remove our objection to the application.

Re-consultation: The conditions proposed do address our concerns about the development in relation to the impact on the Eildon and Leaderfoot National Scenic Area. Provided that these conditions are attached to any planning permission granted our objection to the planning application can be considered to be removed. Should the Council be minded to grant planning permission without these conditions that overcome our concerns Scottish Natural Heritage‘s position should be regarded as one of objection.

Transport Scotland: Requested an extension is time to assess the Transport Assessment. Requested additional information regarding the preferred route for the movement of heavy loads and construction staff movements via the trunk road during the construction period. Information is also required identifying the potential environmental impacts on the trunk road network once the development is operational together with any necessary mitigation measures. A formal consultation response has not yet been received.

Scottish Water: No objections. At present there is limited capacity at Newtown Waste Water Treatment Works to serve this new demand. The developer should discuss this with Scottish Water. A separate drainage system will be required for surface water discharging to a suitable outlet. A SUDS scheme is required.

Historic Scotland: I am content to agree with the findings of the assessment and particularly welcome the recognition that the detailed design stage should give careful consideration to the setting of Dryburgh Abbey and Conservation Area.

Newtown and Eildon Community Council: Objects on the grounds that the proposals do nothing at all for the existing village. The Community Council is mindful of the assurances made by the Director of Planning that regeneration of Newtown St Boswells and meeting the villagers’ aspirations including a new village centre would only be achieved through the village expansion.

Health and Safety Executive: No objections.

Scottish Badgers: Further surveys should be carried out at the optimum time of year when badger signs are most obvious (winter and spring). Two setts have been identified close to the site and so foraging habitat could be lost to the development. Inactive setts should be monitored and mitigated for. The new roundabout on the A68 may slow traffic down sufficiently to reduce the mortality rate but this should not be relied upon as a mitigating measure and further survey work is required to

Planning and Building Standards Committee 11 identify crossing points and assess the feasibility of installing underpasses or fencing to keep badgers and traffic apart.

Other Consultees:

Lothian and Borders Police: The Master Plan does not refer to PAN 77: "Designing Safer Places". Consideration must be given to security and community safety within the new development . The construction of new housing, retail/commercial premises and new schools will all generate differing potential crime risks and as such must be designed accordingly.

Good natural surveillance levels over streets, walkways and parkland areas are essential to reduce the likelihood of criminal or anti-social behaviour. When identifying parking areas it is imperative that natural surveillance from surrounding properties, lighting and landscaping are all considered at a very early stage to ensure the security of vehicles left there. Where possible in curtilage parking should be provided. It is essential that there is clear delineation between land that is public and private. It is vital that there is a reasonable “buffer zone” between public space and residential properties so that people can live with a reasonable degree of comfort from criminal and anti-social behaviour. Footpaths/cycleways located at the rear of dwellings will increase the likelihood of criminal/anti-social behaviour. Where possible these should be located at the front of properties, which allow the rear areas to become secure for residents use only.

School facilities will become a central focus for the communities that the serve it is imperative that the Police have the opportunity to comment on their location and design at the very earliest opportunity. With a potentially large increasing population there may be a need for Police facilities here.

All development must follow the design/security principles laid out in the ACPO/Home Office endorsed Secured by Design (SBD) Initiative. The Master Plan does acknowledge the existence of certain general SBD principles (e.g. natural surveillance) although they implementation of the more detailed aspects of this initiative (Access Control and Door/window design) must also be considered in each individual planning application at the very earliest stage.

The provision of effective site security once construction commences is also essential. This area will become a vast building site where the opportunities to commit crime will present themselves. Developers must work effectively, at the earliest opportunity, with the Police to reduce the opportunities for such behaviour.

KEY PLANNING ISSUES

The main planning issues are whether the proposals contained within the master plan will achieve a high quality development that meet the requirements of the Scottish Borders Local Plan Adopted 2008 policies for the site and whether the proposal would have a negative impact on the character and appearance of the village and the landscape qualities of the National Scenic Area, Special Areas of Conservation and the Area of Great Landscape Value. In addition, whether satisfactory access to the site can be achieved.

ASSESSMENT OF APPLICATION

Planning Policy

Policy BE10 of the Scottish Borders Local Plan Adopted 2008 safeguards land at Newtown St Boswells for the future development of a planned village expansion. The Council has identified land

Planning and Building Standards Committee 12 under policy H1A of the Approved Structure Plan totalling a minimum of 900 housing units in the Central Borders. This land supply is required if the Waverley Railway proceeds. The Council considers that the expansion of Newtown St Boswells provides the best long term solution to meeting the requirement of both H1A land and for development pressures in the Central Borders. The indicative boundary was defined to include built development as well as land for landscaping, open space and tree belts.

The Local Plan review sought to identify land to meet the Structure Plan Housing Land Requirement. Individual sites were considered in the Central Borders area and settlement appraisals were carried out. It became clear that the incremental addition to existing settlements would be unlikely to provide the quantity of land required to meet the housing land requirement or the most suitable sites and so the option of a new settlement was considered. Two sites, St Boswells/Newtown St Boswells/Charlesfield and Huntlyburn near Melrose were included in the Consultative Draft of the Local Plan. The Huntlyburn option was deleted as an option for the new village and attention was then focussed on the St Boswells/Newtown St Boswells/Charlesfield option. Three options were considered, a new settlement between St Boswells and Newtown St Boswells, an expansion of St Boswells and an expansion of Newtown St Boswells. In June 2005 the expansion of Newtown St Boswells was agreed as the preferred solution to the longer term development pressures in the Central Borders. This expansion land was safeguarded under policy BE10 with the aim of meeting the 900 unit policy H1A land supply requirement whether the railway proceeded or not.

The development boundary for Newtown St Boswells has been amended in the Scottish Borders Local Plan Amendment Draft 2008 and the expansion area, the site to the west and the site to the south, has been allocated for housing development under policy H3. The site is 58 hectares and would accommodate 900 housing units. The Local Plan states that the outline of the development will be determined in a master planning exercise that will be undertaken in consultation with local communities and submitted as a supporting document to a planning application. The Local Plan provides a list of issues to be taken into consideration in the master plan.

The current application seeks outline planning permission for the erection of 900 houses on the two expansions sites. With the exception of the work required to provide a new roundabout and junction improvements on the A68, the application site boundary reflects that of the development boundary defined in the Scottish Borders Local Plan Amendment Draft 2008. Policy G8 of the Scottish Borders Local Plan Adopted 2008 requires all development to be contained within the development boundary and provides criteria where exceptions can be supported. The need for these road improvements to facilitate the expansion of Newtown St Boswells is considered to be a justified exception to this policy.

It is therefore considered that in principle the proposal complies with the Local Plan policies for this site.

In tandem with the production of a master plan for the expansion of the village by private developers the Council has produced a Draft Development Framework for Newtown St Boswells, which has been published for public consultation. This has reviewed the physical and strategic context of the wider village and considered the future needs generated by the expansion. The main aim of the Development Framework is to establish a village-wide vision for the future of Newtown St Boswells. This looks at access, open space, education, the health centre and community development and sets out objectives and recommendations. The Council aims to work with the developers, Elphinstone and Buccleuch, to jointly deliver regeneration objectives in the village based on the elements outlined in the Draft Development Framework.

Layout and Design

Planning and Building Standards Committee 13 Policy N20 of the Scottish Borders Consolidated Structure Plan 2001 - 2018 states that the Council will encourage a high quality of layout, design and materials in new development. Policy G1 of the Scottish Borders Local Plan Adopted 2008 requires development to be of a scale, massing, height and density that is appropriate to its surroundings and requires external finishes that complement the highest quality of architecture in the locality. All development should be of high quality in accordance with sustainability principles designed to fit in with Borders townscapes.

The master plan indicates a network of main streets with secondary streets and lanes opening up onto smaller urban spaces and connecting through to the countryside. It states that the design will start at the pedestrian scale and move towards incorporating vehicles into spaces and streets.

The development structure proposed will allow for a wide range of densities. Each area within the development will have its own density range and mix of housing. The more dense areas would be in the central core of the south site and around the nodes or focus spaces across the whole site, moving to lower densities at the edges of the site. However, different building types and local densities would provide variety and interest in the built environment. The majority of the properties would be two storey ranging from detached to semi detached, terraces and flats. Buildings up to three storeys in height would be located around focus spaces and in the south site to create appropriate density and building height.

The master plan states that its objective is to form a sustainable community which is both of its place and which has a strong identity in terms of the existing village and the Borders. It is proposed that detailed design guidance will be developed at a later date and will dictate the form of the detailed master plan for the site. The master plan does, however, contain a number of indicative character studies which illustrate key areas of the development.

The master plan layout provides an indicative structure including streets and open spaces. It is considered that this indicative information does not set any clear strategic parameters that can be applied to subsequent applications for approval of matters specified in conditions. Reference is made to character areas in the master plan but this is considered insufficient as how these relate to the site is not indicated. Information is required relating to the distribution of strategic character areas that set out urban design, landscape and open space principles that respond to the site characteristics and convey a vision and sense of place that can be applied to subsequent application for approval of matters specified in conditions. This is essential to understanding in principle how the master plan will take shape and is central to achieving design quality both in terms of strategic placemaking principles and the visual impact of the development.

There is not enough correlation between the site, the analysis and what is proposed. It is therefore considered that the master plan is not founded on appropriate strategic placemaking principles which seek to create distinct character areas that relate to the underlying landscape and visual analysis.

The proposed development layout shows no direct link between either of the sites and the town centre or between each other. Development on the scale proposed will simply create dormitory suburbs unless there is a concerted effort to strengthen the urban core of the ‘town’ and the links between it and the expansion areas. This means creating streets, avenues, footpaths and greenspace corridors as connections. The built form of the existing settlement does not easily lend itself to these links. Whilst some features such as the Bowden Burn Dean are given, the designed greenspaces proposed in the development proposal are not well connected and lack coherence.

There is a real concern that the overall site will be developed in individual phases by different developers. This means that there is a real risk of each developer using standard layouts and house types with no shared vision. The establishment of strategic placemaking principles expressed

Planning and Building Standards Committee 14 through character areas based on the site analysis at outline stage is essential to reducing this risk but has not been provided by the applicants.

The deficiencies in the master plan can be addressed by the submission and approval of a detailed master plan before any application for approval of matters specified in conditions or detailed application is submitted to ensure that the expansion occurs in accordance with placemaking, landscape and open space principles and detailed design guidance. This can be achieved through a planning condition.

Affordable Housing

Policy H1 of the Scottish Borders Local Plan Adopted 2008 requires the provision of affordable housing within all allocated and windfall sites. A level of 25% mixed throughout the site is required. This will be achieved through the completion of a Section 75 legal Agreement.

Vehicular Access and Parking

Policy I11 of the Scottish Borders Consolidated Structure Plan 2001 - 2018 and Inf4 of the Scottish Borders Local Plan Adopted 2008 states that proposals should provide for car and cycle parking in accordance with the Council’s adopted standards, taking into account safety and environmental considerations.

The proposal includes a new five arm roundabout situated to the south of the existing southern junction from the village to the A68. This would maintain the access into the village via the B6398 and provide direct access into the southern expansion area. A new link to the village would be provided from the northern edge of the south site across the Bowden Burn into Bowden Road adjacent to the Council Headquarters. This will be designed to discourage through traffic and limiting its role to serve as a connection from the southern site to the primary school and village centre.

The Director of Technical Services advises that there are several fundamental roads issues that need to be incorporated into the overall master plan before the application can be fully supported. His Department fully embraces the concepts of PAN 76 on ‘New Residential Streets’ and its up and coming replacement “Designing Streets Manual” due for publication shortly. These documents promote innovative layouts which respect the landform and character of the area. They favour an informal system of well connected streets with natural traffic calming built in. The aim is to create streets, each with a sense of place, as opposed to ‘any town’ car dominant road layouts which can segregate communities. The streets need to be permeable and pedestrian and cycle friendly.

It is accepted that the layout in the master plan is indicative but it is important that the concepts contained within PAN 76 are incorporated into the detailed design for the site. The layout would also need to comply with the Council’s parking standards for residential developments.

Transport Scotland have yet to formally respond to the consultation in respect of the proposed alterations to the A68 and the formation of a roundabout at the southern junction serving the village, though the applicants are in discussion with Transport Scotland. The agents acting on behalf of Transport Scotland have expressed a concern on safety and capacity issues at the northern Newtown St Boswells junction and suggest that the existing 'single lane dualling' layout may no longer be considered appropriate provision once the development traffic is in place. They go on to express their preference for a full assessment on the junction being undertaken prior to any development, but suggest that to support some development in the shorter term Transport Scotland may consider a suspensive condition allowing any required upgrade to be delivered at a later stage of development. If this approach is preferred, they will require supporting detail to confirm what level

Planning and Building Standards Committee 15 of development traffic the existing junction can safely accommodate. Any response received from Transport Scotland will be reported verbally at the meeting.

Access to existing properties such as Hawkslee Farm and associated properties to the east of the A68 and Milestone Garden Centre served off the B6398 to the south of the village would have to remain unobstructed during construction work and thereafter.

Pedestrian Access

Policy C8 of the Scottish Borders Consolidated Structure Plan 2001 - 2018 states that the Council will support the protection, development and enhancement of a comprehensive access network in accordance with the principles of the Access Strategy. Policy I7 states that developers will be expected to demonstrate that they have given full consideration to pedestrian accessibility and to the incorporation of appropriate facilities into their development proposals. Policy I5 encourages cycling as a mode of transport.

The master plan states that links to all existing footpaths would be maintained and enhanced. All streets would be designed with a pedestrian and cyclist bias with shared surfaces and main streets designed to be suitable for bus traffic. The principle connection to the village centre from the south site would be along the former railway. Another main principle is encouraging movement through the site and connecting to the countryside beyond; this would be achieved by providing permeable development with connections via a variety of routes.

An underpass has been proposed at the new roundabout on the A68 for cyclists and pedestrians. The master plan states that existing routes will be enhanced along the Bowden Burn corridor. This would link the west and south sites and with the village at Whitefield Crescent. The network could be expanded to link with existing routes to the east of the glen and countryside to the west, including links to the St Cuthbert’s Way, which passes along the southern edge of this corridor.

Newtown St Boswells is currently a small village and as such has a very limited path network. Existing promoted routes which pass through the village are Borders Abbeys Way and St Cuthbert’s Way. The remaining existing path network around the village is largely informal un-surfaced pathways and claimed rights of way. There is a shortage of paths which can be used by the public with confidence. The proposed increase in village expansion and population growth will result in a deterioration of the existing path network through increased pedestrian, cycling and equestrian traffic.

Developer contributions should be sought in order to enhance and expand the existing path network for all types of users outwith the development area. In particular the creation, expansion and enhancement of pedestrian, cycling and equestrian access links to the village and connections with satellite villages, industrial areas and to places of interest such as the Eildon Hills, River Tweed, Leaderfoot Viaduct and Scott’s View. Creation, expansion and enhancement of the path network should be complimented with appropriate environmental and landscape improvements in keeping with the existing natural environment. This can be secured through a legal agreement between the developers and Council and the creation of an extensive path network will benefit the whole village population and contribute to the integration of the expansion area with the existing settlement.

Open Space

Policy C6 of the Scottish Borders Consolidated Structure Plan 2001 - 2018 encourages the new provision of open space in accordance with existing and predicted future community needs. Policy

Planning and Building Standards Committee 16 C7 states the Council will aim to ensure the availability of facilities for children’s play areas that are safe, accessible and appropriate to the needs of children.

The master plan indicates that a distribution of open space will be provided within the expansion area in line with the Council’s open space strategy. The aim is to integrate recreation areas into the overall landscaping and topography of the site. Larger areas of open space will be located strategically to form neighbourhood focus spaces of distinct character. Central green areas and smaller public spaces will link to the footpath and cycle path system to maximise the amenity value of these spaces. One park/pitch is proposed in the south site and will include a play area.

The open space provision within the master plan shows extensive provision dispersed across the development amounting to 3.2 hectares with an additional 2 hectares of ‘other amenity space’. This is considered to be a significant amount of open space provision but is indicative at this stage. A strategic framework of meaningful open spaces is essential to placemaking and to a successful strategic master plan. The distribution of open space should relate to landform, structural landscape planting and existing settlement form.

It is considered that the area given to open space in the current master plan should be clustered to form a fewer number of larger, strategically sited civic parks that would provide wider community benefit. This would create a physical framework for the strategic master plan and a civic facility that would benefit the whole community contributing to the integration of the expansion area with the existing settlement. Additionally it would be easier to maintain and would represent an efficient use of land and play facilities by centralising facilities and potentially providing cost savings. The long term viability of open space within the former railway is questioned given the safeguarding of the rail line for future reinstatement.

Landscape and Visual Impacts

Policies N10 of the Scottish Borders Consolidated Structure Plan 2001 - 2018 and EP1 of the Scottish Borders Local Plan Adopted 2008 seek to protect National Scenic Areas and proposals that adversely affect the landscape character of a National Scenic Area will not be permitted.

Policies N11 of the Scottish Borders Consolidated Structure Plan 2001 - 2018 EP2 of the Scottish Borders Local Plan Adopted 2008 seek to safeguard the landscape quality of Areas of Great Landscape Value and will have regard to the landscape impact of the proposed development.

Policy NE4 of the Scottish Borders Local Plan Adopted 2008 states that the Council supports the maintenance and management of trees and woodlands.

The EIA includes an assessment of the landscape and visual impact of the development. It states that the proposal would have an impact on the National Scenic Area and Area of Great Landscape Value but as the development is linked to an existing settlement the impact is likely to be lower. The treatment of edges is important. Each phase should treat the edges not just as temporary line until adjacent development takes place but as a designed boundary which takes into account natural and built environment features. Existing trees and hedgerows will be retained, contours respected and the edge treatment should be a balance of straight or curved edge lines.

This is a large application on the edge of one of the Borders most highly valued landscapes. It is considered that the potential landscape impacts can be subdivided into two principal forms, the effects of the proposal in terms of its wider setting and the setting of Newtown St Boswells as a whole and the effects of the proposal on people using the new environments created by the development. The development must successfully address both of these aspects. This is done through site analysis which should provide the logical basis for the design layout but it is felt that the Planning and Building Standards Committee 17 process of design development within the master plan is unclear. In terms of the effects on the wider setting, insufficient attention has been paid to the underlying landform which is a major consideration in determining landscape fit. Initially no landform analysis was carried out and this resulted in a development that would have hard straight line boundaries.

The overall form and extent of development as shown in the master plan document do not sufficiently relate to the sensitive landscape setting. It is considered that the current master plan approach does not achieve a sufficient level of landscape integration, with particular regard to the extent and form of development and how it can best ‘fit’ within the landscape context including the Eildons & Leaderfoot National Scenic Area and Area of Great Landscape Value.

It is considered that the overall form and extents of the proposed development must integrate sensitively with the landscape setting in terms of topography, site features and visibility of the site from the surrounding area. While much is made of views from within the development and the indicative layout, the drivers of the ‘settlement form’ outlined in the master plan document bear no relation to the underlying site characteristics, existing landscape framework or views towards the site and settlement. This is critical to achieving an appropriate strategic physical framework that will integrate into the landscape and visual context, particularly given the landscape sensitivities and openness of the site to surrounding views, particularly from the elevated land within the Eildon & Leaderfoot National Scenic Area. Similarly, the master plan gives the impression that development extends hard up to the site boundary, taking little cognisance of the underlying landform and wider landscape setting.

The ‘landscape structures’ referred to in the master plan comprise existing woodland and hedgerow features that are retained. Retention of existing landscape features, such as that proposed within the master plan document are not sufficient to meet the requirements of the Local Plan Amendment. The design of a strategic landscape framework must include appropriate additional planting to embed the new development into the landscape. Given the scale of development and given that this will be delivered over a number of years, it is also critical that elements of this are identified for advanced structural landscape planting, to achieve appropriate mitigation of visual impact on the surrounding landscape.

Scottish Natural Heritage initially objected to the application due to the likely impacts on the scenic qualities and wider landscape interests of the Eildon and Leaderfoot National Scenic Area. The western site is within the National Scenic Area and the southern site is adjacent to the National Scenic Area. They advise that the outline application and supporting information goes some way to addressing their concerns however they are concerned that there is no certainty that the proposals in the master plan will be taken forward by any future development. A greater degree of certainty about the form, siting, landscape context of the development is required, together with clear and detailed information of the design of associated public realm and wider landscape treatments. This information is required at the outline stage to fully assess the impact of the development on the National Scenic Area. Scottish Natural Heritage is also concerned about a phased approach to this development over time by a range of developers in the absence of a detailed master plan. Aspects such as open space, landscaping, retention of trees and hedgerows and SUDS should be designed and delivered for the whole site from the outset to ensure a cohesive development.

In response to the Council’s concerns, and those of Scottish Natural Heritage, regarding the lack of a strategic landscape framework for the site as a whole, gaps in the survey information and landscape/planting proposals, the applicant has submitted a Landscape Framework Plan and Landscape Framework Master Plan Overlay together with a supporting statement. This has been based on a topographical analysis, slope analysis, gradient analysis and existing vegetation analysis and its effect on intervisibility. The visual impact and intervisibility of the site and its wider context has been assessed, applying key landform analysis and land cover principles. The results are Planning and Building Standards Committee 18 incorporated into a strategic open space and planting framework. In addition to the enhancement and reinforcement of existing landscaping is the provision of robust structural planting and open space. This is then applied to the master plan layout of the site to demonstrate a more sympathetic treatment of built blocks with “green infrastructure”.

In terms of phasing, the supporting statement advises that before any dwelling/building is first occupied in any particular phase, areas of strategic planting will be planted as advanced stock relating to that particular phase in the preceding planting season (if not earlier) and will be of an appropriate size of stock to allow time for the planting to become established prior to site occupation. Advanced structural planting will comprise both on and off-site planting. This will be based on a first phase associated with the western expansion area north of the Bowden Burn and a second phase associated with the southern expansion area south of the Bowden Burn. This should be delivered in advance of any development to ensure the mitigation effects are established. Structural internal planting should wherever possible and where practical be incorporated into each phase of development, so that the boundaries of each phase are treated as a well considered and designed boundary, not just as a temporary line until adjacent development takes place and allow for the planting to become established in advance of adjacent phase coming forward.

The Landscape Framework has alleviated some of the landscape concerns by demonstrating that off-site structure planting will take place to the west and south of the application site that will embed the new development into the landscape and provide a sufficient level of integration into the existing landscape whilst softening the hard edge shown in the master plan document. The site analysis has allowed for a more informed design layout that can be developed further at the detailed planning stage. The proposed structure planting will reduce the visual impact of such a large development on the National Scenic Area and Area of Great Landscape Value. However, the phasing and details of this structure planting are of vital importance to ensure that appropriate planting takes place in advance of the development to ensure that the mitigating effects are in place before the development occurs. It is also important that the boundaries of each phase are designed and implemented well in advance of the development taking place in each parcel of land to allow for the planting to become established in advance of adjacent phases coming forward to avoid a temporary and potentially unsightly boundary line until adjacent development takes place. This will be secured through planning conditions and a legal agreement.

Ecology

Policy NE1 of the Scottish Borders Local Plan Adopted 2008 states that sites of international importance for nature conservation, such as Special Areas of Conservation, will be afforded the highest level of protection. Policy NE3 states that the Council will seek to safeguard the integrity of habitats both within and outwith settlements which are of importance for the maintenance and enhancement of local biodiversity.

The EIA states that there will be a loss of habitats but the site is of relatively low ecological value. Habitat surveys have found there are some protected species recorded within a 2km radius of the site but only badgers have been recorded within the site. They were found in an area of higher ecological value and this area would be protected from development as a wildlife corridor. The Bowden Burn would also be given special consideration and enhanced in terms of ecology, wildlife and recreation. There are some mature woodlands and tree belts that would be retained and protected from development.

Scottish Natural Heritage has concerns about the impact of the development on the River Tweed SSSI and Special Area of Conservation from foul and surface water drainage but advises that if these issues meet the strict requirements of SEPA and Scottish Water the proposal is unlikely to have a significant effect on the River Tweed Special Area of Conservation. The site is sufficiently Planning and Building Standards Committee 19 distant from the Borders Wood Special Area of Conservation and Newtown St Boswells Woods SSSI that the proposal is unlikely to affect these SSSI or Special Area of Conservation. The EIA contains information on protected species and the land is either arable or pasture so unlikely to be of high nature conservation value.

The Council’s Ecology Officer advises that the EIA is deficient in some of the Council’s requirements for an Ecological Impact Assessment and further surveys are required for otters, bats, great crested newts, badgers, water vole and red squirrel as these are protected species. Assessments are also required on the impacts on the Bowden Burn Valley Local Wildlife Site and the Wood Pasture and Parkland habitat. The submission of these further surveys and assessments would be controlled by planning conditions.

Archaeology

Policy N14 of the Scottish Borders Consolidated Structure Plan 2001 - 2018 states that proposal that affect nationally important archaeological sites will not be permitted. Policy N15 states that proposals that adversely affect archaeological sites of regional or local significance will only be permitted if it can be demonstrated that the benefits of the proposal outweigh the archaeological value of the site. Policy BE2 of the Scottish Borders Local Plan Adopted 2008 states that where proposals impact on archaeological sites developers will be required to carry out detailed investigations.

The master plan appendix on cultural heritage for the proposed expansion of Newtown St Boswells highlighted a series of archaeological features. There are a number of Scheduled Monuments surrounding Newtown St Boswells including Eildon Hill North, the Roman complex at Newstead and Dryburgh Abbey. In particular, Eildon North Hill directly overlooks Newtown St Boswells and the development will be highly visible from the site of the hillfort and Roman signal station. The location of the Roman road of Dere Street is unknown but could be located within the development site.

The Council’s Archaeologist advises that there are archaeological implications for the proposed development. The area around Newtown St Boswells has seen significant human use and occupation since at least the Iron Age. This activity is most readily exemplified by several nationally important prehistoric and historic sites near Newtown such as Eildon Hill North, the Roman complex at Newstead and Dryburgh Abbey. The visible evidence of past human occupation of the landscape is best seen to the north and west of Newtown St Boswells. However, invisible, buried, remains of human activity have likely been obscured by several centuries of intensive cultivation in the area.

There are a number of known heritage assets within 500 metres of the development area as proposed. There is a risk that these sites will be affected by the development.

In addition to this evidence, there is a strong likelihood that the development will encounter the Roman and later Dere Street somewhere in the southern portion of the development area. It is believed that Dere Street ran to the west of the modern A68, through Newtown St Boswells and Eildon and crossed the River Tweed east of the Roman fort at Newstead. This places it within the development area. As such, it is important to put a mitigation strategy in place that will reveal any surviving segments of the road. Furthermore, there may have been Roman temporary camps and later settlements along the road.

Planning and Building Standards Committee 20 It is unlikely that appropriate mitigation can be found to ‘screen’ views from Eildon North Hill to Newtown St Boswells. That being said, the plantation of a screening ‘shelter belt’ on the lower approaches to the hill will help to isolate the hill from the development. This is an important opportunity to not only increase the appreciation of the monument as one approaches it, but also to improve local biodiversity, landscape and access routes to and from the Eildons.

In terms of possible direct impacts to buried archaeological features within the development area and the high archaeological sensitivity of the area generally, a programme of mitigation in line with national and local policies aimed at assessing the entire development area for buried archaeological features. Such mitigation can be achieved through geophysical survey, trial excavation trenching and possibly archaeological monitoring of developments. This may be followed by further excavations if significant archaeology is found, and there will be an expectation that any significant archaeology be analysed and reported on in an appropriate manner. This can be controlled by a planning condition.

Renewable Energy and Energy Efficient Design

Policy G1 of the Scottish Borders Local Plan Adopted 2008 requires the buildings to be of an energy efficient design and to incorporate renewable energy technologies and sustainable construction techniques.

The EIA contains a report detailing the options for meeting the 15% reduction in CO2 emissions required by the Council. The report concludes that would be possible to achieve this reduction by energy demand reduction measures such as improved insulation and efficient lighting and through the use of low and zero carbon technology. The report considers the technologies available, such as combined heat and power, solar water heating, photovoltaics, wind turbines and ground source heat pumps, but does not recommend definitive measures or technologies that should be applied. It does conclude, however, that it would be necessary to incorporate a district heating or combined heat and power network in order to achieve future government targets to reduce carbon emissions. It recommends that a central energy centre should be designed from the outset; to meet the target of zero carbon additional low and zero carbon technology is likely to be required in addition to a district heating network.

The master plan itself makes no commitment to district heating based on renewable energy or any other low and zero carbon technology. This is a requirement of the Local Plan Amendment policy for this site.

Therefore, a condition of the outline consent would be that the development incorporates energy conservation and renewable energy schemes. Wind turbines would not be appropriate given the proximity to the National Scenic Area.

Water and Drainage

Policy I14 of the Scottish Borders Consolidated Structure Plan 2001 - 2018 and Inf6 of the Scottish Borders Local Plan Adopted 2008 encourages SUDS schemes for surface water drainage as part of development proposals. Policy Inf5 states the Council’s preferred method for dealing with waste water associated with new development is direct connection to the public sewerage system.

The EIA states that the development will replace a large area of greenfield site with built development and this will result in a significant change to drainage patterns in the area. A Sustainable Urban Drainage System is therefore proposed to overcome this impact. This will include retention basins, ponds, open channels, swales, filtration features and permeable material to roads and pedestrian surfaces. Water courses that run through the site will be protected. The expansion Planning and Building Standards Committee 21 area would be served by new foul and surface water sewers. There is some spare capacity in the waste water treatment works to accommodate the initial phases of the development but upgrading would be required to accommodate later phases of the development. A Drainage Impact Assessment would be prepared to inform and detail what works are required to assess the impact on the existing network. In terms of water supply, the current infrastructure would be able to accommodate a limited amount of development before upgrading is required.

SEPA require that all developments within a sewered area connect to the public sewer. As each phase of development comes forward, they require assurance that Scottish Water is committed to the necessary upgrades to the foul drainage infrastructure. A planning condition is recommended that evidence that the development can be connected to the public sewer and mains water is submitted to the Planning Authority prior to each phase of the development being completed to ensure that the houses can be properly serviced.

SEPA advises that a strategic Sustainable Urban Drainage Strategy for the development has been agreed in principal. The proposed strategy will provide adequate levels of treatment for surface water run-off from individual plots, roads, and the proposed roundabout on the A68. This will then be developed in detail as each phase of development comes forward. This would be controlled by a planning condition.

Flooding

Policy G4 of the Scottish Borders Local Plan Adopted 2008 states that new development should be located in areas free from significant flood risk.

SEPA has identified two areas within the development site which may be at risk of flooding, the unnamed watercourses situated in the ‘West Site’ to the north of Bowden Road and the ‘South Site’ along the southern site boundary. They recommend that in accordance with the provisions of Scottish Planning Policy 7 Planning for Flooding, Flood Risk Assessments (FRA) should be undertaken for these two watercourses to inform the detailed site layout. As the majority of the development site is not at flood risk they are satisfied that any potential flooding issues can be adequately mitigated by alterations to the site layout.

The submission of a Flood Risk Assessment would be a condition of any planning permission for this development.

Residential Amenities

Policy H2 of the Scottish Borders Local Plan Adopted 2008 seeks to protect the amenities of the established residential area.

As this is an outline application the layout shown in the master plan is indicative and so it is not possible to fully assess the impact of the development on existing residential properties. However, the Council’s Guidance on Household Developments, which contains guidance for safeguarding day lighting, privacy and amenity, would be applied to all applications for approval of matters specified in conditions for this site.

The EIA contains an assessment of the potential impacts during construction and a condition is recommended that requires the submission of a Construction Environmental Management Plan to address noise, vibration, pollution and dust issues during construction.

Existing Village Centre Planning and Building Standards Committee 22 The centre of the existing village lies around Melbourne Place and the Railway Inn and it is accepted that this area should remain the focus of Newtown St Boswells. The master plan states that the Bowden Road link to the southern site will play a positive part in the regeneration of the village centre. The aim is to provide public space with reduced road dominance. It suggests that positive development around the central space and an adjustment in site levels would help to provide a central focus for the village.

The Council’s Draft Development Framework for Newtown St Boswells states that locating this new housing development around the existing settlement provides opportunities to support the wider regeneration of the village and there is a need to identify opportunities for enhancements to the village centre as a focus for future investment. These would include enhanced links from the village centre to surrounding neighbourhoods, improved open space and townscape enhancements. The Draft Development Framework recommends that a common fund derived from developer contributions and the Council’s capital programme be established for townscape enhancements. In this case, this would be secured through the completion of a legal agreement.

Education

Policy C2 states that new education provision will be located to take account of current and future house building and the availability of safer links to the facility by foot, cycle or public transport.

Primary school education is provided within a five class school adjacent to the George V Playing Fields. The need for a new primary school has been identified as part of this development. This would comprise of a 14 class school with integrated nursery, playing fields and integrated community facilities. The Draft Development Framework recommends a site in the southern expansion area together with new open space. Therefore land needs to be safeguarded to allow the provision of new education facilities in the village and this would be secured through a legal agreement.

Community Facilities and Employment

The Local Plan allocation is for residential development and the master plan acknowledges that community facilities, employment and ancillary uses may be required as a result of the expansion of Newtown St Boswells.

The master plan does not include any proposals for community facilities or employment land but accepts that there may be opportunities to include elements of these facilities within the expansion area over time. The Council’s Draft Development Framework for Newtown St Boswells will identify requirements and opportunities for community facilities and employment provision and seek to deliver these objectives in the village in association with the developers of the expansion area.

Future Railway Expansion

Policy I3 of the Scottish Borders Consolidated Structure Plan 2001 - 2018 and Inf1 of the Scottish Borders Local Plan Adopted 2008 seek to safeguard the routes of former railway lines for future transport or recreational use. Routes with a reasonable prospect of re-use as a railway will be given a high level of protection and development that could prejudice future rail routes will not be permitted.

The master plan complies with these policies as no building has been proposed on the railway and the route is allocated as open space in the southern expansion area. The re-use of this route as a railway would have major consequences for the proposed development, as acknowledged in the master plan. This has particular implications for the open space in the southern site, which would

Planning and Building Standards Committee 23 effectively be removed by the railway. This needs to be relocated to a site which is not at risk of future redevelopment.

Phasing

The master plan states that there will be a phased approach to the development of the expansion area. The phasing will be informed by the timing and implementation of essential infrastructure. It anticipates that the next stage of the process would be to prepare and submit detailed design guidance followed by the submission of applications for approval of matters specified in conditions for each individual development parcel. A phasing programme will be adopted that integrates neighbourhoods and key urban structure components into each phase and considers overall integration into the existing settlement and adjacent landscape. In the southern site development would be phased from the new roundabout westwards and in the western site the development would be phased from Sergeants Park southwards or Bowden Road northwards.

Agreeing a programme of phasing with the developers for this site is crucial in the long term success of the expansion of Newtown St Boswells. It is likely that applications for approval of matters specified in conditions will be submitted for individual parcels of land within the expansion area and there is a real concern that the development will occur incrementally over time with no cohesive approach. It is important that off site structure planting and landscaping takes place before any built development occurs and also that infrastructure and services are provided to serve each phase of the development before it is completed. There is also the need to integrate the expansion areas with the existing village. The detailed phasing of the development would be agreed as part of the detailed master plan and this would be controlled by a suitably worded planning condition.

From a roads perspective the Director of Technical Services considers that developing from Sergeants Park would put too much pressure on the road network in that locality and so the site must be developed from Bowden Road. For the southerly site the new link road to the existing village should be formed as early as possible. It is critical to the proper integration of ‘new’ and ‘old’ and sustainable transport interests that at least a pedestrian/cycle link is created as early as is reasonably practicable.

Developer Contributions

Policies G5 of the Scottish Borders Local Plan Adopted 2008 states that where a site is acceptable but cannot proceed due to deficiencies in infrastructure or due to environmental impacts the Council will require developers to make contributions towards the cost of addressing such deficiencies. Policy G6 states the Council will seek development contributions towards the costs of reinstating the Waverley Railway Line.

The followings issues have been identified for inclusion in a legal agreement, though will be subject to further negotiation with the applicants:

x Provision of affordable housing within the site; x Contribution towards education facilities/safeguarding of land for education facilities; x Contribution towards the Waverley Rail Project: x Retention of existing landscaping and provision and long term maintenance of landscaping outwith the site; x Provision and long term maintenance of play areas; x Provision and long term maintenance of open space

Planning and Building Standards Committee 24 x The formation, expansion and enhancement of (or contribution towards) pedestrian, cycling and equestrian access links within and outwith the site together with appropriate environmental and landscape improvements in keeping with the existing natural environment; x Provision of off-site infrastructure; x A contribution of £1,000 a house (excluding affordable units) in relation to the Central Borders Traffic Study which will identify upgrades to the Central Borders road network as a consequence of all new development; x Contribution towards village centre enhancement.

CONCLUSION

It is accepted that the master plan provides an indicative framework for the development of the Newtown St Boswells expansion area. However, it is considered that the master plan and Environmental Impact Statement are lacking in detail and clarity in certain key areas, as outlined above. The proposal as submitted broadly complies with the Local Plan Amendment requirements for the site, in principle. However, this development is arguably the largest in the Borders for some time, with a significant portion of the site lying within the Eildon & Leaderfoot National Scenic Area. Therefore, more certainty is required in terms of the layout, design principles, landscaping and phasing of the overall development. It is therefore recommended that the application be approved but subject to a legal agreement and conditions that aim to cover the identified deficiencies and provide more certainty that a high quality and sustainable development can be achieved on this site that integrates well with the existing settlement.

The normal requirement under the planning legislation is that the application for approval of matters specified in conditions be submitted within three years of the date the planning permission in principle is issued. However, in this case a longer time scale appears appropriate due to the longer term scale of this development and the current economic climate. Therefore a timescale of five years is recommended as part of condition 2.

RECOMMENDATION BY HEAD OF PLANNING AND BUILDING STANDARDS:

I recommend that the application be approved with delegated powers to the Head of Planning and Building Standards to agree the exact wording of an appropriate legal agreement relating to the above matters and the following draft conditions and informatives:

2. Application for approval of matters specified in the conditions set out in this decision shall be made to the Planning Authority before whichever is the latest of the following: (a) the expiration of five years from the date of this permission, or (b) the expiration of six months from the date on which an earlier application for approval of matters specified in the conditions set out in this decision notice was refused or dismissed following an appeal. Only one application may be submitted under paragraph (b) of this condition, where such an application is made later than three years after the date of this consent.

Planning and Building Standards Committee 25 Reason: to achieve a satisfactory form of development and to comply with the requirements of Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006.

3. The development hereby permitted shall be begun before the expiration of two years from the date of approval of the last of the matters specified in the conditions set out in this decision. Reason: to achieve a satisfactory form of development and to comply with the requirements of Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006.

4. A detailed master plan for the site, including detailed design guidance, to be submitted to and approved in writing by the Planning Authority before the first detailed planning application or application for approval of matters specified in conditions relating to this site is submitted. The development to be implemented in accordance with the approved master plan. Reason: To ensure a well planned and phased development.

5. A detailed Landscape Framework for the site, including measures taken to mitigate any landscape or visual impacts on the scenic qualities of the National Scenic Area and its wider setting, details of land ownership, phasing and long term management of planting, to be submitted and approved in writing by the Planning Authority before the first detailed planning application or application for approval of matters specified in conditions relating to this site is submitted. The landscape schemes for each phase of the development to be informed by this Framework and the Landscape Framework to be implemented as part of this development in accordance with a programme of phasing to be agreed with the Planning Authority before the development is commenced. Reason: To ensure a well planned and phased development that addresses any potential impact on the scenic qualities of the National Scenic Area and its setting.

6. The proposed development shall incorporate measures to maximise the efficient use of energy and resources and the incorporation of sustainable building techniques and renewable energy technologies in accordance with a scheme of details that shall first have been submitted to and approved in writing by the Planning Authority. Reason: To minimise the environmental impact of the development.

7. A Drainage Impact Assessment and Water Impact Assessment to be submitted to the Planning Authority for approval with the first detailed planning application or application for approval of matters specified in conditions for the site. The development to be implemented in accordance with the approved scheme. Reason: To ensure the site is adequately serviced and to establish the risk of pluvial flood risk to the West Site.

8. No development to take place in the functional flood plain. A Flood Risk Assessment for the west site from the small unnamed watercourse to the north of Bowden Road and the south site from the small unnamed watercourse which flows along the southern site boundary to be submitted to the Planning Authority for approval in consultation with SEPA, with the first detailed planning application or application for approval of matters specified in conditions for the site. The Flood Risk Assessment to inform the detailed design and site layout of these phases of the development. Reason: To address any potential flooding of the site.

9. Evidence that the development can be connected to the public sewer and mains water supply to be submitted to the Planning Authority prior to each phase of the development being completed. Planning and Building Standards Committee 26 Reason: To ensure the site is adequately serviced.

10. A detailed sustainable urban drainage (SUDS) scheme to be submitted to the Planning Authority for approval with any detailed planning application or application for approval of matters specified in conditions for this site. The development then to be implemented in accordance with the approved scheme. Reason: To ensure that the site is adequately serviced.

11. A full site specific plan detailing bin storage and kerbside collection locations, in consultation with the local authority waste collection service, to be submitted to and approved by the Planning Authority with any detailed planning application or application for approval of matters specified in conditions for this site. The development then to be implemented in accordance with the approved scheme. Reason: To ensure that waste management principles can be implemented and accommodated within the site layout.

12. A Waste Management Plan to be submitted to and approved in writing by the Planning Authority before the development commences. The development then to be implemented in accordance with the approved scheme. This to include details of how waste will be minimised during the construction phase of the development and details of space for collection, segregation, storage and possibly treatment of waste (e.g. individual and/or communal bin stores, composting facilities, and waste treatment facilities) allocated within the site layout. Reason: To prevent potential pollution.

13. An assessment of the impact of the development on local air quality to be submitted to and approved in writing by the Planning Authority with any detailed planning application or application for approval of matters specified in conditions for the site. The assessment should quantify the levels of pollutants likely to arise from the development, such as additional road traffic and human occupancy, and the use of any proposed zero carbon technologies with reference to the National Air Quality Objectives and to include any mitigation measures required, which should be implemented as part of the development. Reason: To safeguard amenities.

14. A Construction Environmental Management Plan to be submitted to and approved in writing by the Planning Authority prior to the commencement of the development to address noise, vibration and dust during construction. The development to be implemented in accordance with the approved Management Plan. Reason: To protect residential amenities and the environment.

15. Prior to any development commencing on site, a scheme to be submitted to identify and assess potential contamination on site. No construction work shall commence until such scheme has been submitted to, and approved in writing by the Planning Authority, and is thereafter implemented to like satisfaction. The scheme shall contain details of proposals to investigate and remediate potential contamination and must include:- (a) A desk study and development of a conceptual site model, measurement of pollutant linkages through a detailed investigation of the nature and extent of contamination on site, and assessment of risk such contamination presents. The scope and method of this investigation to be agreed in advance with the Planning Authority, and be undertaken in accordance with PAN 33 (2000) and BS10175:2001. (b) Remedial Strategy (if required) to treat/remove contamination to ensure that the site is fit for its proposed use (this shall include a method statement, programme of works, and proposed validation plan).

Planning and Building Standards Committee 27 (c) Submission of a Validation Report (should remedial action be required) by the competent person employed by the developer who will validate and verify the completion of works to a satisfactory standard as agreed with the Planning Authority. (d) Submission, if necessary, of monitoring statements at periods to be agreed with the Planning Authority for such time period as is considered appropriate by the Planning Authority.

Written confirmation from the Planning Authority, that the scheme has been implemented completed and (if appropriate), monitoring measures are satisfactorily in place, shall be required by the Developer before any development hereby approved commences. Where remedial measures are required as part of the development construction detail, commencement must be agreed in writing with the Planning Authority. Reason: To address any potential contamination of the site.

16. No development shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Investigation outlining a Geophysical Survey and Archaeological Evaluation. This will be formulated by a contracted archaeologist and approved in writing by the Planning Authority. Access should be afforded to allow investigation by a contracted archaeologist(s) nominated by the developer and agreed to by the Planning Authority. The developer shall allow the archaeologist(s) to conduct a programme of survey and evaluation prior to development. This will include the below ground excavation of evaluation trenches and the full recording of archaeological features and finds. Results will be submitted to the Planning Authority for review in the form of a Data Structure Report. If significant archaeology is discovered the nominated archaeologist(s) will contact the Archaeology Officer for further consultation. The developer will ensure that any significant data and finds undergo post-excavation analysis the results of which will be submitted to the Planning Authority. Reason: The site is within an area where ground works may interfere with, or result in the destruction of, archaeological remains, and it is therefore desirable to afford a reasonable opportunity to record the history of the site.

17. Prior to the submission of any detailed application or application for approval of matters specified in conditions for each phase of the development a further survey for otters to be undertaken by a suitably qualified and experienced wildlife surveyor. The results of the survey and any measures required to avoid, reduce or mitigate any potential impacts of the development on otters to be submitted with the application. Any approved measures then to be carried out as part of the development. Reason: To protect otters within the site, which are protected under the Wildlife and Countryside Act 1981 as amended under the Nature Conservation (Scotland) Act 2004 and the Conservation (Natural Habitats) Regulations 1994.

18. Prior to the submission of any detailed application or application for approval of matters specified in conditions for each phase of the development a further survey for bats to be undertaken by a suitably qualified and experienced wildlife surveyor. The results of the survey and any measures required to avoid, reduce or mitigate any potential impacts of the development on bats to be submitted with the application. Any approved measures then to be carried out as part of the development. Reason: To protect bats within the site, which are protected under the Wildlife and Countryside Act 1981 as amended under the Nature Conservation (Scotland) Act 2004 and the Conservation (Natural Habitats) Regulations 1994.

19. Prior to the submission of any detailed application or application for approval of matters specified in conditions for each phase of the development a further survey for great crested Planning and Building Standards Committee 28 newts to be undertaken by a suitably qualified and experienced wildlife surveyor. The results of the survey and any measures required to avoid, reduce or mitigate any potential impacts of the development on great crested newts to be submitted with the application. Any approved measures then to be carried out as part of the development. Reason: To protect great crested newts within the site, which are protected under the Wildlife and Countryside Act 1981 as amended under the Nature Conservation (Scotland) Act 2004 and the Conservation (Natural Habitats) Regulations 1994.

20. Prior to the submission of any detailed application or application for approval of matters specified in conditions for each phase of the development a further survey for badgers to be undertaken by a suitably qualified and experienced wildlife surveyor. The results of the survey and any measures required to avoid, reduce or mitigate any potential impacts of the development on badgers to be submitted with the application. Any approved measures then to be carried out as part of the development. Reason: To ensure the requirements of the Protection of Badgers Act 1992 and any licensing requirements are met.

21. Prior to the submission of any detailed application or application for approval of matters specified in conditions for each phase of the development a further survey for water vole to be undertaken by a suitably qualified and experienced wildlife surveyor. The results of the survey and any measures required to avoid, reduce or mitigate any potential impacts of the development on water vole to be submitted with the application. Any approved measures then to be carried out as part of the development. Reason: To protect water vole.

22. Prior to the submission of any detailed application or application for approval of matters specified in conditions for each phase of the development a further survey for red squirrel along the Bowden Burn to be undertaken by a suitably qualified and experienced wildlife surveyor. The results of the survey and any measures required to avoid, reduce or mitigate any potential impacts of the development on red squirrel to be submitted with the application. Any approved measures then to be carried out as part of the development. Reason: To protect red squirrel within the site, which are protected under the Wildlife and Countryside Act 1981 as amended under the Nature Conservation (Scotland) Act 2004 and the Conservation (Natural Habitats) Regulations 1994.

23. No works shall be carried out in respect of this development during the breeding bird season (March-August) without the express written permission of the Planning Authority. Reason: To protect breeding birds within the site.

24. Prior to any work commencing on the site an assessment of impacts on Bowden Burn Valley Local Wildlife site to be undertaken by a suitably qualified surveyor and the results submitted to and approved in writing by the Planning Authority. Any mitigating measures required are to be carried out as part of the development. Reason: To protect the Bowden Burn Valley Local Wildlife site.

25. Prior to any work commencing on the site an assessment of impacts on Wood Pasture and Parkland habitat adjacent to Whitehill Farm to be undertaken by a suitably qualified surveyor and the results submitted to and approved in writing by the Planning Authority. Any mitigating measures required are to be carried out as part of the development. Reason: To protect the Wood Pasture and Parkland habitat.

26. A Landscape and Habitat Management Plan to be submitted to the Planning Authority for approval, in consultation with Scottish Natural Heritage, with the first detailed planning Planning and Building Standards Committee 29 application or application for approval of matters specified in conditions for the site. This should inform the development master plan. Any works shall thereafter be carried out in accordance with the approved scheme. Reason: To enhance habitats within and around the site.

27. No trees or hedgerows within the application site or on the site boundary shall be felled, lopped, lifted, removed or disturbed in any way without the prior consent of the Planning Authority. Reason: The existing trees and hedgerows represent an important visual feature which the Planning Authority considered should be substantially maintained. 28. No development shall take place except in strict accordance with a scheme of hard and soft landscaping works, which has first been submitted to and approved in writing by the Planning Authority. Details of the scheme shall include:

(a) existing and finished ground levels in relation to a fixed datum preferably ordnance;

(b) existing landscaping features and vegetation to be retained and, in the case of damage, restored and enhanced and methods of protection;

(c) location of new trees, shrubs, hedges and grassed areas and a schedule of plants to comprise species, plant sizes and proposed numbers/density;

(e) existing and proposed services such as cables, pipelines, sub-stations;

(f) other artefacts and structures such as street furniture and street lighting;

(g) a programme for completion and subsequent long term maintenance and management of the landscape and woodland areas. Reason: To ensure the satisfactory form, layout and assimilation of the development.

29. No development shall take place until a scheme for the provision of a public park of an appropriate size and location, open spaces and equipped play areas has been submitted to and approved in writing by the Planning Authority. The scheme so submitted shall include:

(a) type and location of open spaces, play equipment, seating, fences, walls and litter bins;

(b) surface treatment of the play areas; (c) proposals for the implementation/phasing of play areas and open space in relation to the construction of houses on the site. Reason: To ensure that proper provision is made for recreational facilities within the site.

30. All works required for the provision of open space and play areas shall be completed in accordance with the scheme approved in writing by the Planning Authority. Reason: To ensure that the development is carried out as approved.

31. No development shall take place until a scheme of non-motorised public access specifying its linkages within the development and to the wider path network has been submitted to and approved by the Planning Authority. The approved scheme shall be implemented and made available in appropriate phases in line with adjacent construction and thereafter permanently retained. Such a scheme must identify:

Planning and Building Standards Committee 30 (a) all existing paths, tracks and rights of way, and any areas where statutory access rights do not currently apply;

(b) any areas proposed for exclusion from statutory access rights, for reasons of privacy, disturbance or curtilage, in relation to proposed buildings or structures;

(d) any diversions of paths - temporary or permanent - proposed for the purposes of the development. Reason: To enable the public to enjoy a right of responsible access and provide linkage to the wider path network for users of the development.

32. The Right of Way indicated (NEWT/BE180/2) must be maintained open and free from obstruction in the course of development. Alternatively should any development encroach the affected route, a temporary diversion must be provided for the duration of the work. The route will remain in perpetuity and shall not form part of the curtilage of any properties. Reason: To protect general rights of responsible access.

33. No development shall take place until a scheme for the temporary diversion and restoration of path number (NEWT/BE180/2) has been submitted to and approved by the Planning Authority and the diversion shall be implemented in accordance with the approved scheme. Reason: To protect general rights of responsible access.

Informatives:

In respect of condition 4, the master plan should set out clearly the overarching vision and sense of place for the site and should include:

x A clear and comprehensive commitment to placemaking, following the principles as contained within the Council’s adopted Supplementary Planning Guidance on Placemaking & Design;

x A clear concept based on best practice in line with current national master planning policy (as contained in PAN 83: Masterplanning);

x Structure planting and landscaping within and outwith the site, including advanced structure planting to be implemented in advance of any development taking place, as per the applicants drawing no. L209: Phasing Plan;

x Adherence to the design principles (key landform principles, key gradient analysis principles, key landcover principles key intervisibility principles and phasing) set out in the Further Information Relating to the Strategic Landscape Framework Report dated 12th December 2009;

x Details of the phasing of the proposed development, including the residential areas, roads, parking areas, footpath and cycle paths, drainage and water supply, structure planting and landscaping within and outwith the site, open space and play provision, the roundabout on the A68 and link into the village and education facilities. This must relate to the existing settlement and seek to create at all times a logical and well-connected extension to the existing village. The treatment of edges to each individual phase or land parcel must be sensitively handled to ensure development is suitably well-contained within the surrounding landscape and visual context. Planning and Building Standards Committee 31 x Master plan concept, layout and land use;

x Density;

x Scale and massing of buildings;

x Character Areas;

x Sustainable design principles:

x Fenestration;

x Roofs;

x Frontages;

x Building form, key buildings and house types;

x The colour palette and range of materials to be used externally on the buildings;

x Boundary treatments around the site and between house plots and open spaces (public and private boundaries);

x Street scenes from internal and external viewpoints and relationships with existing buildings;

x Pedestrian, cycle and vehicular circulation within site and links to existing residential areas and outwith the site;

x Parking, including visitor parking;

x Surface details for roads, footpaths, parking areas;

x Street lighting;

x Energy conservation and renewable energy schemes;

x Details of the location, size and nature of open spaces, play areas, green corridors, landscaped areas, woodland areas and the village park and include the phasing and incorporation of advanced structure planting.

The Director of Technical Services advises:

x Improved vehicular and pedestrian linkage from Sergeants Park towards Bowden Road are required;

x The new road link adjacent to the Reiver Complex appears to remove the existing car park (30 spaces) and a replacement site is required;

x There is no reference to a vehicular link into an area known as Elders Yard (shown as South Site);

Planning and Building Standards Committee 32 x A car park is required to serve the town centre;

x Due to the extensive development, areas for increased public parking/amenity in and around the town centre need to be identified;

x While the realignment of Bowden Road as it enters the village is welcomed , great care is required with its design , and again this needs to be looked into in more depth during the finalised design stage;

x The design of the junction of the new village link road with Bowden Road will require careful consideration;

x In terms of phasing and implementation, the suggestion is that the west site would progress from Sergeants Park and that development from Bowden Road outwards would be an alternative. Developing from Sergeants Park would put too much pressure on the road network in that locality and so the site must be developed from Bowden Road;

x For the southerly site the new link road to the existing village should be formed as early as possible. In this regard, it is critical to the proper integration of ‘new’ and ‘old’ and sustainable transport interests that at least a pedestrian/cycle link is created as early as is reasonably practicable.

In respect of condition 8, as part of the assessment of the unnamed watercourse in the West Site SEPA recommend that opportunities for the enhancement of this channel are sought as part of the open space provisions. This watercourse as been channelised in the past and has two 90° bends. Restoration of this channel to a natural mender would have benefits for flood risk and habitat enhancement.

In respect of condition 10, the SUDS proposals should be designed to enhance the local habitat network for great crested newt and other amphibians.

In respect of condition 28, opportunities should be taken to include enhancements for birds within the master plan design, including enhancement of the woodland and hedgerow habitat network.

In respect of condition 33, there are a number of statutory provisions contained in both public and private Acts under which public paths may be formally diverted (s.37 Countryside Act 1967, s.199 Town & Country Planning Act 1972, s.9 &12 Roads Act 1984). The diversion of a path may only be undertaken if the Planning Authority can be satisfied that the diversion will result in the efficient use of land or that a shorter or more convenient path will be created. It should be noted that formal diversions of paths involve a lengthy and separate legal process.

The consultation response from Scottish Water and SEPA are attached for the information of the applicants.

Approved by Name Designation Brian Frater Head of Planning and Building Standards

The original version of this report has been signed by the Head of Planning and Building Standards and the signed copy has been retained by the Council. Planning and Building Standards Committee 33 Author(s) Name Designation Julie Hayward Principal Planning Officer

Planning and Building Standards Committee 34 Planning and Building Standards Committee 35 Item No. 5(e) SCOTTISH BORDERS COUNCIL

PLANNING AND BUILDING STANDARDS COMMITTEE

8 FEBRUARY 2010

APPLICATION FOR PLANNING PERMISSION

ITEM: 5(e) REFERENCE NUMBER: 07/00288/FUL

OFFICER: Julie Hayward WARD: Jedburgh and District PROPOSAL: Erection of dwellinghouse SITE: Plot 4 Land South East of Falla Farmhouse Camptown Jedburgh APPLICANT: A W D & W H Scott AGENT: Edwin Thompson & Co

SITE DESCRIPTION

The site is located on land to the south east of Falla Farmhouse, near Camptown. The plot, which forms part of an open field, measures approximately 0.8 hectares and is bounded by a track and trees to the south, an existing wooded area and small paddock to the west, by buildings forming part of Falla Farm to the north and a wooded area and the remainder of the open field to the east. The site is contained by the existing tree plantation to the west and south and contained by an overgrown hawthorn hedge to the north.

PROPOSED DEVELOPMENT

The proposal is for the erection of a dwellinghouse. An access would be taken from a proposed new access road to serve farm buildings which would be formed from the existing road that serves the farm.

CONSIDERATION BY CHEVIOT AREA COMMITTEE ON 19TH MARCH 2008

This application was considered by the Cheviot Area Committee on 19 March 2008 when Members resolved to approve the application contrary to the Officer’s recommendation. On applications for housing in the countryside, where a determination contrary to the officers’ recommendation is proposed, the application had to be referred to the Planning and Building Standards Committee for final determination. The view of the Cheviot Committee was that the site related appropriately to the existing building group.

CONSIDERATION BY PLANNING AND BUILDING STANDARDS COMMITTEE ON 14TH APRIL 2008

The application was considered by the Planning and Building Standards Committee on 14th April 2008 and approved, contrary to the officer’s recommendation, subject to the conclusion of a Section 75 legal agreement relating to the phasing of the development to ensure that the conversion scheme (plot 1) subject of planning application 07/00288/FUL was carried out before or concurrently with any new build approval granted under application 07/00304/OUT; tying the house on plot 4 to the farm

Planning and Building Standards Committee 1 holding so that it is retained as the farmhouse for Falla Farm and developer contribution to affordable housing and conditions.

PLANNING HISTORY

There is no planning history relating to the site in question. Two further planning applications have been approved at Falla Farm under delegated powers subject to the completion of a legal agreement to secure a financial contribution towards affordable housing. These applications are for the conversion of redundant steading buildings located to the north of Falla Farmhouse to form a dwellinghouse (07/00288/FUL: Plot 1) and the erection of a dwellinghouse on land to the east of Falla Farmhouse (07/00302/OUT:Plot 2).

An outline planning application for the erection of a dwellinghouse on land to the south west of Falla Farmhouse (07/00296/OUT: Plot 3) was refused by the Cheviot Area Committee on 19 March 2008 for the following reason:

‘The proposal is contrary to policies H5 and H6 of the Approved Structure Plan, policies 7 and 8 of the Roxburgh Local Plan 1995, policy D2 of the Scottish Borders Finalised Local Plan 2005 and the Housing in the Borders Countryside Policy and Guidance Note in that the site would represent an inappropriate addition to the existing building group.’

REPRESENTATION SUMMARY

No representations have been received in respect of this application.

APPLICANT’S SUPPORTING INFORMATION

Three letters were received from the agent in support of this application prior to the application being presented to the Planning and Building Standards Committee in April 2008. The Agent argues that plot 4 is separated from the building group to the north by a weak, overgrown hedge and, although there is a strip of scrub woodland to the west, this only provides partial separation from the building group as a whole. The agent argues that the strongest natural boundary in this area is in fact to the south west of the public road, and continuing farm road, beyond plot 4. The Agent has provided a copy of a letter from the Senior Area Development Control Officer, which was written following pre- application discussions, which appears to agree with this approach. These letters can be viewed in full on the Council’s public access system.

A further letter of support has been submitted by the agent and is available for Members to view on the Public Access System. The following is a summary of the points raised:

x Their clients accept the requirements tying the house to the holding and the requirement for developer contributions towards affordable housing.

x Their clients are not happy with the requirement for the existing steading buildings to be converted before or concurrently with the development of the house on plot 4.

x It has been accepted that there is a building group at Falla Farm and the Supplementary Planning Guidance - New Housing in the Borders Countryside December 2008 makes it clear that if there is already an established building group it would not be possible or reasonable to prevent new build taking place before a steading conversion is complete. It is therefore unreasonable and contrary to policy to require that the conversion of the steading buildings should be carried out before or concurrently with the new build.

Planning and Building Standards Committee 2 x If it is acceptable in principle, for a farmhouse for Falla to be constructed on plot 4 provided that it is tied to the land this is surely sufficient restriction in terms of planning and legal agreements.

x Assessment of the original application indicated that the proposed new access track for the farm steading and plot 4 together with planting between the farm buildings and dwellings would be an improvement of the existing situation.

x The steading buildings would be maintained in a wind and water tight condition if development is delayed as they do not wish to sell the buildings.

x Whilst plot 4 might be considered to be on the fringe of the building group there is a strong sense of place at Falla Farm and with appropriate landscaping treatment the development of plot 4 would not be out of place.

x Their clients cannot afford to develop plot 1 and plot 4 concurrently and the priority is to provide a suitably sized farmhouse.

x Their clients are requesting that the application be referred back to Committee for reconsideration with a request that the requirement for plot 1 to be developed before or concurrently with plot 4 should be removed from any future legal agreement.

DEVELOPMENT PLAN POLICIES

Consolidated Structure Plan 2001-2018

Policy H7: New Housing in the Countryside - Building Groups Policy H8: New Housing in the Countryside - Isolated Housing

Scottish Borders Local Plan: Adopted 2008

Policy D2 - Housing in the Countryside

Scottish Borders Local Plan Amendment Draft 2008

Policy D2 - Housing in the Countryside

OTHER PLANNING CONSIDERATIONS: x Supplementary Planning Guidance - New Housing in the Borders Countryside December 2008. x Supplementary Planning Guidance - Developer Contributions Updated April 2009 x Supplementary Planning Guidance - Affordable Housing March 2007 x Scottish Borders Council’s Housing Needs Study and Affordable Housing Policy Report December 2006.

CONSULTATION RESPONSES

Scottish Borders Council Consultees

Planning and Building Standards Committee 3 Director of Education and Lifelong Learning: No financial contribution towards education would be sought.

Director of Technical Services (Roads): The provision of two passing places in total (for all four proposed dwellinghouses at Falla) on the road serving the site at locations to be agreed. These passing places would need to be provided before any development commences and could either be provided by the applicant or each dwelling would need to be responsible for a contribution of £3,000 towards the works.

Director of Planning & Development (Landscape): This is a remote site and well contained. With additional planting proposed there can be no objection to this proposal.

Statutory Consultees

Oxnam Water Community Council: No objections. Concern expressed relating to schools in Jedburgh reaching capacity with housing being built rural areas.

Scottish Environment Protection Agency: No objections in principle although advice in respect of sewage disposal and surface water is provided.

Other Consultees:

None

KEY PLANNING ISSUES

The main planning issue with this application is whether or not the proposal complies with the terms of the Council’s housing in the countryside policies. Consideration must also be given to the wording of the Section 75 legal agreement.

ASSESSMENT OF APPLICATION

Planning Policy

This application was assessed against Policies H5 and H6 of the Approved Structure Plan 2001 – 2011, Policies 7 and 8 of the Roxburgh Local Plan 1995 and Policy D2 of the Scottish Borders Finalised Local Plan 2005 when it was originally considered in 2008. It was accepted that a building group exists at Falla Farm. This consists of ‘Falla Cottage’, ‘Falla Farmhouse’ and ‘Birds Nest Cottage’. The application site is located within the vicinity of the building group.

It was accepted that the proposal would not have an adverse effect on the viability of a farming unit or conflict with the operations of a working farm. Indeed, the proposed access track and planting between the farm buildings and dwellinghouse would improve the existing situation. Matters relating to the supply of water and drainage would require to be investigated and it is accepted that the proposals would not have an adverse impact upon ancient monuments, archaeological sites or upon a garden or designed landscape.

The housing in the countryside policy stated that development may be permitted in previously undeveloped fields adjoining building groups which might simply be defined by a fence line or any other insignificant boundary marker/feature. Existing trees and hedging form a prominent boundary between the existing building group and plot 4. It was considered that this plot is physically detached from the existing group of dwellinghouses and that it does not adjoin them. As mentioned above,

Planning and Building Standards Committee 4 planning policy does not support development of building groups into open areas of land beyond a natural boundary and for these reasons it was not considered that this application could be supported. Any development beyond the wooded areas would not relate satisfactorily to the existing building group.

The principle of erecting a dwellinghouse on this plot was considered to be contrary to the Council’s housing in the countryside policies in that the development of the site would represent an inappropriate addition to the existing building group beyond well established natural boundaries. It was therefore recommended for refusal. The application was considered by the Cheviot Area Committee in March 2008 who recommended approval of the application as Members considered that the site relates appropriately to the existing building group.

The Planning and Building Standards Committee then considered the application in April 2008 and approved the application subject to the conclusion of a Section 75 legal agreement relating to the phasing of the development to ensure that the conversion scheme (Plot 1) subject of planning application 07/00288/FUL was carried out before or concurrently with any new build approval granted under application 07/00304/OUT and tying the house on plot 4 to the farm holding so that it is retained as the farmhouse for Falla Farm. No legal agreement has been drafted in respect of this application or the two other applications at Falla Farm.

The agent has requested that the clause in the Section 75 Agreement that requires the conversion on plot 1 to be carried out before or concurrently with any new build house on this plot should be removed from the legal agreement as he feels it is unreasonable and not a requirement of the Council’s housing in the countryside policy. The issue now is whether the proposal complies with the Council’s housing in the countryside policies without this clause.

The resolution of the Planning and Building Standards Committee effectively means that has accepted the principle of a house on this site; it was determined that the site is well related to the other properties within the building group and so the Council has accepted that the proposal complies with the building group section of policy D2 of the Scottish Borders Local Plan Adopted 2008. Policy D2 states that where a conversion is required to establish a building group no additional housing will be approved until such a conversion had been implemented. The Supplementary Planning Guidance - New Housing in the Borders Countryside December 2008 - states that if there is already an established building group without a conversion occurring, it will not be possible or reasonable to prevent a new build taking place before the steading conversion is complete.

As a building group already exists in this location there is no policy requirement to carry out the conversion on plot 1 before or concurrently with the new build development on this plot. Given this policy context, it would appear unreasonable to require that this clause forms part of the legal agreement: Having reached the view that the house is acceptable in terms of its relationship with the building group, the connection of the proposed development to the proposed conversion would seem to have no justification, and there would therefore be no planning purpose in tying the two together.

The applicants have accepted the clause of the agreement that ties the house on plot 4 to the farm holding so that it is retained as the farmhouse for Falla Farm. This could be taken as confirmation that there is some level of agricultural justification for a new farmhouse to serve the farm.

Landscape and Visual Impacts

The Supplementary Planning Guidance - New Housing in the Borders Countryside December 2008 highlights that it is important to retain existing trees wherever possible both within a site and on its

Planning and Building Standards Committee 5 boundaries. Careful consideration would need to be given to the position of any dwellinghouse within the plot to ensure that the existing trees are retained.

Access and Parking

The Director of Technical Services has raised no objections to the proposal provided two passing places in total (for all three proposed dwellinghouses) are provided on the road serving the site at locations to be agreed. These passing places would need to be provided before any development commences and could either be provided by the applicant or each dwelling would need to be responsible for a contribution of £3,000 towards the works.

Residential Amenities

There are no residential properties adjacent to the site that would be affected by the proposal.

Developer Contributions

The Director of Education and Lifelong Learning has confirmed that a financial contribution towards education would not be required. An appropriate contribution towards addressing affordable housing in accordance with Scottish Borders Council’s Supplementary Planning Guidance on Affordable Housing would be required for this development, if permitted. Any decision to approve this application would therefore require to be subject to the conclusion of a Section 75 agreement securing the appropriate contribution towards affordable housing provision.

CONCLUSION

There is a building group at Falla Farm and it has been accepted by the Council that the site, plot 4, is well related to that existing building group. Therefore, the proposal complies with the Council’s housing in the countryside policies relating to building groups and as a result, there is no policy requirement that the conversion scheme (plot 1) subject of planning application 07/00288/FUL is carried out before or concurrently with any new build approval granted under this application. It would therefore seem unreasonable to include this as a clause within any Section 75 Agreement.

It is recommended that the application be approved, subject to the conditions specified by the Planning and Building Standards Committee in April 2008 and subject to the completion of a legal agreement that ties the house on plot 4 to the farm holding so that it is retained as the farmhouse for Falla Farm and secures the necessary developer contribution towards affordable housing associated with this plot and plots 1 and 2.

RECOMMENDATION BY HEAD OF PLANNING AND BUILDING STANDARDS:

I recommend that the application be approved subject to an appropriate legal agreement tying the house on Plot 4 to the farm holding so that it is retained as the farmhouse for Falla Farm and securing the necessary developer contribution towards affordable housing and subject to the following conditions:

Planning and Building Standards Committee 6 Reason: To achieve a satisfactory form of development, and to comply with the requirements of Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006.

2. Application for approval of matters specified in the conditions set out in this decision shall be made to the Planning Authority before whichever is the latest of the following: (a) the expiration of three years from the date of this permission, or (b) the expiration of six months from the date on which an earlier application for approval of matters specified in the conditions set out in this decision notice was refused or dismissed following an appeal. Only one application may be submitted under paragraph (b) of this condition, where such an application is made later than three years after the date of this consent. Reason: To achieve a satisfactory form of development, and to comply with the requirements of Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006.

3. The development hereby permitted shall be begun before the expiration of two years from the date of approval of the last of the matters specified in the conditions set out in this decision. Reason: To achieve a satisfactory form of development, and to comply with the requirements of Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006.

4. No development shall take place except in strict accordance with a scheme of hard and soft landscaping works, which has first been submitted to and approved in writing by the planning authority. Details of the scheme shall include (as appropriate): i. existing and finished ground levels in relation to a fixed datum preferably ordnance ii. existing landscaping features and vegetation to be retained and, in the case of damage, restored iii. location and design, including materials, of walls, fences and gates iv. soft and hard landscaping works v. existing and proposed services such as cables, pipelines, sub-stations vi. other artefacts and structures such as street furniture, play equipment vii. A programme for completion and subsequent maintenance. Reason: To ensure the satisfactory form, layout and assimilation of the development.

5. The developer shall afford access at all reasonable times to any archaeologist nominated by the Local Planning Authority, and shall allow him to observe the excavation and record items of interest and finds. Reason: To protect the archaeological interest in the site.

6. Two passing places to the specification of the Planning Authority to be formed prior to the start of site construction works at agreed locations on the public road network leading to the site. Reason: To ensure that the free flow of traffic on the local road network is maintained.

7. The new site access road serving the site and the Falla Farm to be completed to the specification of the Planning Authority prior to the occupation of the dwellinghouse hereby approved. Reason: In the interests of road safety and to ensure the separation of agricultural and residential traffic at the locality.

Approved by

Planning and Building Standards Committee 7 Name Designation Brian Frater Head of Planning and Building Standards

The original version of this report has been signed by the Head of Planning and Building Standards and the signed copy has been retained by the Council.

Author(s) Name Designation Julie Hayward Principal Planning Officer

Planning and Building Standards Committee 8 Planning and Building Standards Committee 9 Item No. 5(f) SCOTTISH BORDERS COUNCIL

PLANNING AND BUILDING STANDARDS COMMITTEE

8 FEBRUARY 2010

APPLICATION FOR PLANNING PERMISSION

ITEM: 5(f) REFERENCE NUMBER: 09/01644/PPP

OFFICER: Julie Hayward WARD: Kelso and District PROPOSAL: Erection of dwellinghouse SITE: Land North of Spindrift Cottage Kaimflat Kelso APPLICANT: Mr Martyn David Ramsden AGENT: None

SITE DESCRIPTION

Kaimflat is situated to the north of Ednam served by a minor public road from the B6461. There are two one-and-a-half storey cottages at the junction of the farm road and public road, a one-and-a-half storey cottage, Spindrift Cottage, to the south west of the access road, a two storey farmhouse and a modern two storey house. The farm steading buildings have been converted into one dwellinghouse, Fox Covert, and work has commenced to convert the remaining buildings into a second dwellinghouse.

The site is situated on the north east side of the access within an agricultural field. There is a modern house to the northwest and Spindrift Cottage is to the south west on the opposite side of the access road.

PROPOSED DEVELOPMENT

The proposal is to erect a dwellinghouse on this site but as the application is for Planning Permission in Principle, no details of the siting or design have been submitted. The house would be constructed of stone with a slate roof. It would utilise the existing access road.

PLANNING HISTORY

There is no planning history for this site. However the planning history for Kaimflat is listed below:

03/00988/OUT: Plot 1 Kaimflat Farm Kelso. Erection of dwellinghouse. Approved 19th September 2009.

05/01055/REM: Plot 1 Kaimflat Farm Kelso. Erection of dwellinghouse with integral garage. Approved 17th August 2005.

03/01958/OUT: Plot 5 Kaimflat Farm Kelso. Erection of dwellinghouse. Approved 23rd December 2003. 06/02343/OUT: Plot 5 Kaimflat Farm Kelso. Erection of dwellinghouse. Approved 23rd April 2007.

Planning and Building Standards Committee 1 09/00668/REM: Plot 5 Kaimflat Farm Kelso. Erection of dwellinghouse with integral garage. Approved 2nd July 2009.

03/00991/COU: Steading Buildings Kaimflat Farm Kelso. Change of use to form dwellinghouse. Approved 19th September 2003

05/02308/FUL: Outbuildings at Fox Covert Kaimflat Farm Kelso. Change of use and alterations to form dwellinghouse. Approved 3rd April 2006.

06/02092/FUL: Land South West Of Spindrift Cottage Kaimflat Kelso. Erection of dwellinghouse. Approved 28th February 2007.

09/00474/FUL: Land South West Of Spindrift Cottage Kaimflat Kelso. Change of house type and site layout and removal of Condition 1 relating to the dwellinghouse being ancillary to the existing house on previously approved 06/02092/FUL). Approved subject to completion of a legal agreement.

Planning permission was granted for a dwellinghouse at land south east of Cheviot View Kaimflat Farm Ednam (reference: 05/00643/FUL) on 23rd August 2006. This was subject to a Section 75 agreement that ties the house to the land holding and prevents the erection of any further houses on the land holding. Consent has also been granted for a number of agricultural building s in this location.

REPRESENTATION SUMMARY

Seven representations have been received: six objecting to the development and one in support. These are available for Members to view on the Public Access System. The following planning issues have been raised:

x The single track access road currently caters for nine houses already and the access is inadequate for existing occupants, emergency and service vehicles. It is not wide enough to cater for two-way traffic, passing places, turning areas or footpaths to enable the safe movement of vehicles and pedestrians.

x The proposal would increase the number of vehicles using this access road which is already dangerous and busy. It cannot support passing places, ten dwellings, at least twenty cars and farm traffic. The proposal would make it more dangerous for pedestrians and children.

x The proposed exit and entrance will be overcrowded with vehicles and turning will be difficult as this is a dead end track. The majority of houses are situated here and vehicles would have to make precarious manoeuvres where children are playing.

x The junction suffers from poor visibility. It was originally designed for farm traffic and no improvements have been made to it since. The visibility splay is inadequate and unsafe.

x The proposal is contrary to policy G1 of the Scottish Borders Local Plan Adopted 2008 which requires an adequate form of access.

x No improvements to the access road or junction are proposed.

x A local cycling route would be jeopardised for safety reasons.

Planning and Building Standards Committee 2 x The local road is used for walks but the added traffic from this development would make it unpleasant to do so.

x The proposal is contrary to policy G8 of the Scottish Borders Local Plan Adopted 2008 as the proposal is not for an employment related activity, linked to any agricultural business or for affordable housing.

x The proposal is contrary to policy D2 of the Scottish Borders Local Plan Adopted 2008 as the building group has been extended beyond 100%. The proposal does not align with the aims of the policy to create a long term sustainable pattern of appropriate rural development. There are no businesses and community services in this location or public transport and the proposal would encourage car use. The proposal breaks into a previously undeveloped field. The site is prominent and exposed in an open countryside setting. The proposal would not complement the pattern of the building group and would have an adverse effect on the character and appearance of the open countryside.

x Recent applications in this location show no sympathetic consideration to the rural surroundings and have a negative visual impact.

x Visually all the houses are spread out and do not overlook each other; the plot will change the character of Kaimflat and it will loose its idyllic rural charm.

x The proposal constitutes overdevelopment.

x The credibility of the Planning Department would be called into question if the Section 75 Agreement was overturned. Having the Section 75 Agreement in place assured residents that Kaimflat would not be overdeveloped and be a safe environment away from the busy town.

x The house is not related to the agricultural business and the proposal undermines the original business plan. The house is not for an agricultural worker. The amendment to the legal agreement will create a precedent for other agreements to be amended and so no amendment to this agreement should be permitted.

x The Council cannot give assurances that there will never be any further housing development at Kaimflat.

x The house would be better sited nearer to Mr Ramsden’s house and cattle sheds with access nearer to the main road.

x The site plan is inaccurate as it does not show recent developments at Kaimflat.

x The development would result in the loss of prime agricultural land contrary to government and Council polices.

x Kaimflat was historically a working farm and the beauty of the area is protected by the surrounding farm land. Kaimflat should not be overdeveloped but the farmer should be able to provide accommodation for those employed by the farm. Accommodation for farm workers is usually accommodated within the farm’s boundaries, which lessens commuting and traffic at peak times.

Planning and Building Standards Committee 3 x Having seen Mr Ramsden’s house at Kaimridge the proposed house would be respectful of its surroundings and visually in keeping with new and existing buildings.

x The proposal would not positively or negatively affect the current status regarding refuse or emergency vehicles. Certain works could be carried out to improve the access situation for example, a passing place, a hard standing for bins, the reinstatement of the access to old Kaimflat farmhouse, or a sign erected advising of a 10mph speed limit.

x This should be the last house at Kaimflat and residents should be given assurances of that.

APPLICANT’S SUPPORTING INFORMATION

A letter of support has been submitted by the applicant and is available for Members to view on the Public Access System. The following is a summary of the points raised:

x The farm was bought in 2004; the farm steading was being developed and 400 acres were bought around the steading. Planning permission was granted for a new farmhouse and steading on the holding subject to a Section 75 Agreement.

x The Section 75 Agreement was signed because the Council advised that there was no more capacity for development at the old steading and because a house was needed to get the farm business up and running and look after the stock.

x The Council has now advised that one new house could be erected at Kaimflat under the housing in the Countryside policy and the Director of Technical Services has advised that he could support one new dwelling.

x The applicant is committed to staying here and farming for the long term and have invested much into the local economy and provided jobs.

x The aim is to expand the business and employ their son or a farm worker and allowing a house on this site would provide capital for reinvestment.

x We are asking for the Section 75 Agreement to be amended to exclude this plot only as we wish to keep the farm as a whole and not gradually develop it or split up the farm.

DEVELOPMENT PLAN POLICIES

Consolidated Structure Plan 2001-2018

H7: New Housing in the Countryside – Building Groups

Scottish Borders Local Plan: Adopted 2008

G5: Developer Contributions D2: Housing in the Countryside

Scottish Borders Local Plan Amendment Draft 2008

D2: Housing in the Countryside

OTHER PLANNING CONSIDERATIONS: Planning and Building Standards Committee 4 x Supplementary Planning Guidance - New Housing in the Borders Countryside December 2008. x Supplementary Planning Guidance - Developer Contributions Updated April 2009

CONSULTATION RESPONSES

Scottish Borders Council Consultees

Director of Technical Services (Roads): From my investigations, it would appear that this would be the fourth new build served by this access road and, as such, I have no objections to the proposal in principle. I have read through the letters of objections in the Idox system and whilst I can accept that the level of development proposed for the road may seem excessive, if this dwelling and the one approved via application 09/00474/FUL are built, the service lay-bys required in each application would be a vast improvement to the road. Although the visibility at the junction onto the public road is not the full standard, given the level of traffic on the public road and the speeds of this traffic, I am of the opinion that it is satisfactory for the level of traffic on the private road. Several of the objection letters have expressed concern at the area available for turning and whilst this is slightly restricted by boundary markers, there is still enough room for vehicles to manoeuvre. There was also mention of the track being blocked by vehicles being abandoned, I have taken that to mean vehicles associated with existing properties being inappropriately parked, which we have no control over.

Taking all of the above into account, I would have no objections to the proposal provided the following conditions are adhered to:

1. Parking and turning for a minimum of two vehicles, excluding any garage, must be provided and retained in perpetuity within the curtilage of the property. 2. A service lay-by must be incorporated within the access as per detail DC3. 3. Any boundary marker erected along the south easterly and south westerly boundaries of the plot must be such that they do not interfere with the visibility available to drivers leaving the plot. 4. Any gates must be set back a minimum of 6m from the edge of the access road and be hung so as not to open out into the road.

Director of Education and lifelong Learning: The proposed development, which is located within the catchment area for Ednam Primary School and Kelso High School. Education has no observations to make on this proposed development at this time and will not be seeking a developer contribution towards the provision of infrastructure for the schools in the catchment area.

Statutory Consultees

Ednam, Stichill and Berrymoss Community Council: Object to the proposal as Kaimflat has had all the development it can sustain. Object to the removal of the Section 75 Agreement as this would open the way to a “getting around” any restrictions or regulations on future further development. The opinion of the neighbours should be taken into consideration.

Other Consultees:

Planning and Building Standards Committee 5 None

KEY PLANNING ISSUES

Whether the proposal complies with the Council’s housing in the countryside policies and whether there is sufficient justification to vary the Section 75 Agreement.

ASSESSMENT OF APPLICATION

Planning Policy

This application must be assessed against policy H7 of the Scottish Borders Consolidated Structure Plan 2001 - 2018, policy D2 of the Scottish Borders Local Plan Adopted 2008, policy D2 of the Scottish Borders Local Plan Amendment Draft 2008 and Supplementary Planning Guidance - New Housing in the Borders Countryside December 2008.

Building Groups

Policy H7 of the Scottish Borders Consolidated Structure Plan 2001 - 2018 states that proposals for new housing in the countryside outwith settlements but associated with building groups will be supported where they fit the character of the building group and surrounding area, avoid overdevelopment and meet sustainable construction requirements.

Policy D2 of the Scottish Borders Local Plan Adopted 2008 requires that the site is well related to an existing building group of at least three houses or buildings capable of conversion to residential use. Any consents for new build should not exceed 100% of the existing number of houses in the building group. No further housing above this threshold would be permitted. The cumulative impact of the new development on the landscape and amenity of the surrounding area will be taken into account in determining applications.

Policy D2 of the Scottish Borders Local Plan Amendment Draft 2008 states that any consents for new build granted under the building group part of the policy should not exceed two houses or a 30% increase in addition to the group during the Local Plan period. No further development above this threshold will be permitted. Calculations on building group size are based on the existing number of housing units within the group at the start of the Local Plan period. This will include those units under construction or nearing completion at that point.

The Council’s Supplementary Planning Guidance - New Housing in the Borders Countryside December 2008 states that the existence of a group will be identifiable by a sense of place which will be contributed to by natural and man made boundaries. Sites should not normally break into undeveloped fields particularly where there exists a definable natural boundary between the building group and the field and the new development should be limited to the area contained by that sense of place. Any new development should be within a reasonable distance of the existing properties within the building group and this distance should be guided by the spacing between the existing properties in the building group. The scale and siting of new development should reflect and respect the character and amenity of the existing building group.

It has been accepted by the Council that there is a building group at Kaimflat as there are more than three existing houses and additional development has been allowed there in the past. With the exception of the two cottages at the junction of the private access road and public road, all the houses are clustered around the former farm steading. There is a modern house to the north west of the site and a traditional cottage to the south west. It is considered that the site is well related to

Planning and Building Standards Committee 6 other properties within the building group and contained within the area identifiable by a sense of place.

The erection of a dwellinghouse on this site would reflect the existing spacing within the building group. It is considered that provided that the proposed dwellinghouse was erected on the south western half of the plot adjacent to the private access road then the siting would respect the character of the building group. This can be controlled by a planning condition. The site is within a previously undeveloped field, however, there is no significant man-made or natural boundaries between the adjacent house and the field, only a post and wire fence.

Policy D2 of the Scottish Borders Local Plan Adopted 2008 allows for the expansion of existing building groups by up to 100% of the existing number of houses during the local plan period, provided suitable sites can be identified in compliance with other parts of the policy and the Housing in the Countryside Policy and Guidance Note.

The Local Plan was adopted in September 2008. At this time there were six houses within this building group. Planning permission was granted in 2009, subject to the completion of a legal agreement, for the erection of a dwellinghouse on land to the south east of Spindrift Cottage. Therefore, under the 100% rule within the current Local Plan additional development would be permitted within the building group, provided the proposal complies with other parts of the housing in the countryside policy, as this current proposal does not exceed the 100% rule.

Policy D2 of the Scottish Borders Local Plan Amendment Draft 2008 states that any consents for new build granted under the building group part of the policy should not exceed two houses or a 30% increase in addition to the group during the Local Plan period. Calculations on building group size are based on the existing number of housing units within the group at the start of the Local Plan period including those units under construction. The conversion of the steading building had commenced at that point. Therefore, one additional dwellinghouse would be permitted under this part of the policy as one house has already been granted planning permission and seven units are existing or under construction.

It is considered that one additional house could be accommodated within this building group on this site without it constituting an overdevelopment of the building group. However, it is considered that this site represents the last site that could reasonably be developed within this building group and that once this site is developed the building group will be complete.

Landscape and Visual Impacts

The site is well related to other buildings within the building group. It is considered that the proposal would not be unduly prominent in the landscape. As this is an application for Planning Permission in Principle no details of the design of the dwellinghouse have been permitted. These details would be considered at the approval of matters specified in conditions stage to ensure that the proposal was in keeping with the character of the building group and does not harm the visual amenities of the area.

Residential Amenities

There is a modern house to the north west of the site. This is situated over 20m from the site boundary. There is a cottage on the opposite side of the access road abutting the access road. It is felt that a dwellinghouse could be positioned on the south west half of the site and this would prevent any overlooking or loss of light occurring to the existing properties. No other properties are affected.

Access and Parking

Planning and Building Standards Committee 7 The Council’s Supplementary Planning Guidance - New Housing in the Borders Countryside December 2008 requires a satisfactory access to serve a site.

The Director of Technical Services advises that it would appear that this would be the fourth new build served by this access road and, as such, he has no objections to the proposal in principle. The level of development proposed for the road may seem excessive; if this dwelling and the one approved via application 09/00474/FUL are built, the service lay-bys required in each application would be a vast improvement to the road. Although the visibility at the junction onto the public road is not the full standard, given the level of traffic on the public road and the speeds of this traffic, he is of the opinion that it is satisfactory for the level of traffic on the private road. Several of the objection letters have expressed concern at the area available for turning and whilst this is slightly restricted by boundary markers, there is still enough room for vehicles to manoeuvre.

The site is large enough to accommodate a turning area, two car parking spaces and a service lay- by.

Section 75 Agreement

The applicant applied for planning permission for a new farmhouse on land south east of Cheviot View Kaimflat Farm in 2005. The justification for a dwellinghouse in this location outwith any settlement of building group was that a farmhouse was required to enable the farm holding to be managed and farmed as the original farmhouse had been sold separately from the land holding. This justification was accepted and the planning permission was subject to a Section 75 agreement that ties the house to the land holding and prevents the erection of any further houses on the land holding. The application site is within the area of land covered by the legal agreement.

This Department appreciates the significance of legal agreements and does not enter into such agreements without serious consideration. Any request to vary such agreements have to be seriously considered as such variations could set an undesirable precedent for Section 75 Agreements and seriously undermine their purpose. However, for the reasons set out above the current proposal complies with the Council’s housing in the countryside policies and so there are no planning grounds to recommend refusal of the application. Under these circumstances it is recommended that the application be approved, as the proposal complies with Council policies, and the Section 75 varied to exclude this site only.

Developer Contributions

No developer contributions are required towards education facilities or affordable housing in respect of this development.

CONCLUSION

The proposal represents an appropriate addition to the established building group at Kaimflat, not exceeding the 100% threshold nor representing an incursion across a strong visual boundary into a previously undeveloped field. The proposal would not result in any particular loss of rural amenity or character and if appropriately sited, would not affect residential amenities of residents of neighbouring properties. The site is also capable of being accessed safely by the existing private access drive to Kaimflat. In these respects, the proposal complies with Policy H7 of the Scottish Borders Consolidated Structure Plan 2001 – 2018, Policy D2 of the Scottish Borders Local Plan and the Supplementary Planning Guidance - New Housing in the Borders Countryside December 2008.

Planning and Building Standards Committee 8 RECOMMENDATION BY HEAD OF PLANNING AND BUILDING STANDARDS:

I recommend that the application be approved subject to a variation in the Section 75 Agreement to exclude this site and subject to the following conditions and informative note:

2. Application for approval of matters specified in the conditions set out in this decision shall be made to the Planning Authority before whichever is the latest of the following: (a) the expiration of three years from the date of this permission, or (b) the expiration of six months from the date on which an earlier application for approval of matters specified in the conditions set out in this decision notice was refused or dismissed following an appeal. Only one application may be submitted under paragraph (b) of this condition, where such an application is made later than three years after the date of this consent. Reason: To achieve a satisfactory form of development, and to comply with the requirements of Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006.

3. The development hereby permitted shall be begun before the expiration of two years from the date of approval of the last of the matters specified in the conditions set out in this decision. Reason: To achieve a satisfactory form of development, and to comply with the requirements of Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006.

4. The proposed development shall incorporate measures to maximise the efficient use of energy and resources and the incorporation of sustainable building techniques and renewable energy technologies in accordance with a scheme of details that shall first have been submitted to and approved in writing by the Planning Authority. Reason: To minimise the environmental impact of the development.

5. The dwellinghouse hereby approved to be sited on the south western half of the plot adjacent to the private access road. Reason: To safeguard residential amenity.

6. The roofing material to be natural slate. Reason: To safeguard the visual amenity of the area.

7. A service lay-by to be incorporated within the access to the site and completed to the specification of the Planning Authority before construction works commence on the dwellinghouse. Reason: In the interests of road safety and to ensure that the track remains open for use by neighbouring properties.

8. Parking and turning for two vehicles, excluding garages, must be provided within the site before the dwellinghouse is occupied and retained in perpetuity. Reason: In the interests of road safety.

Planning and Building Standards Committee 9 9. Any gates erected at the access to be set back a minimum of 6m from the edge of the access road and be hung so as to open into the plot and not out over the existing access road. Reason: In the interest of road safety.

10. Any boundary marker erected along the south easterly and south westerly boundaries of the plot must be such that they do not interfere with the visibility available to drivers leaving the plot. Reason: In the interest of road safety.

11. Details of all proposed means of enclosure around the site shall be submitted to and approved in writing by the Planning Authority before work on the site is commenced. The development then to be implemented in accordance with the approved scheme. Reason: To enable the proper effective assimilation of the development into its wider surroundings. 12. No development shall take place except in strict accordance with a scheme of soft landscaping works for the site which shall first have been submitted to and approved in writing by the Planning Authority, and shall include:

i. indication of existing trees, shrubs and hedges to be removed, those to be retained and, in the case of damage, proposals for their restoration

ii. location of new trees, shrubs, hedges and grassed areas

iii. schedule of plants to comprise species, plant sizes and proposed numbers/density

iv. programme for completion and subsequent maintenance. Reason: To enable the proper form and layout of the development and the effective assimilation of the development into its wider surroundings.

Informative:

In respect of condition 7, the service lay by to be formed to the specification of the Planning Authority (see attached drawing).

Approved by Name Designation Brian Frater Head of Planning and Building Standards

The original version of this report has been signed by the Head of Planning and Building Standards and the signed copy has been retained by the Council.

Author(s) Name Designation Julie Hayward Principal Planning Officer

Planning and Building Standards Committee 10 Planning and Building Standards Committee 11 Item No. 5(g) SCOTTISH BORDERS COUNCIL

PLANNING AND BUILDING STANDARDS COMMITTEE

8 FEBRUARY 2010

APPLICATION FOR PLANNING PERMISSION

ITEM: REFERENCE NUMBER: 09/01490/FUL

OFFICER: Mr C Miller WARD: Tweeddale West PROPOSAL: Erection of five floodlighting columns SITE: Whitestone Park, Innerleithen Road, Peebles APPLICANT: Jim Moffat AGENT: None

SITE DESCRIPTION

The site is located within Whitestone Park, Peebles, at the northern edge of the Park between the training pitch and the A72. The ground rises from the level of the training pitch to the A72, with an intervening wall and trees.

PROPOSED DEVELOPMENT

The development involves five floodlights along the southern boundary of the training pitch, all facing southwards into the Park. The floodlights will be sited one metre up from the level of the training pitch and will be ten metre street lighting poles, with the first one metre being set into the ground. The arms of the lighting poles will be removed and 3x400w single black lights attached to the head of each pole.

The site is located within Peebles Conservation Area.

PLANNING HISTORY

None.

DEVELOPMENT PLAN POLICIES:

Scottish Borders Structure Plan 2001-2011

Policy N18 – Development affecting Conservation Areas Policy C4 – Sports Facilities

Scottish Borders Local Plan (2008)

Policy G1 – Quality Standards for New Development Policy BE4 – Conservation Areas Policy H2 – Protection of Residential Amenity

OTHER PLANNING CONSIDERATIONS:

None.

CONSULTATION RESPONSES:

Planning and Building Standards Committee 1 Scottish Borders Council Consultees

Director of Technical Services (Road Safety): No objections provided the lights are angled not to cause undue distraction to motorists.

Director of Technical Services (Flood Prevention): There is a risk that the floodlighting columns may be affected by a 1 in 200 year flood risk event depending on the ground levels of the columns being clarified.

Environmental Health Officer: To prevent light pollution, the lights should be not be operated between 10pm and 7am, they should be installed in accordance with the guidance produced by the Institution of Lighting Engineers and, if necessary, shuttering should be provided to each lamp to prevent impact on residential properties nearby.

Statutory Consultees

Peebles and District Community Council: No objections.

Other Consultees

None.

REPRESENTATION SUMMARY

One representation was received from Scottish Power who were initially concerned at conflict with a high voltage underground cable. However, they subsequently met with the applicants and are now satisfied with the position of the lights and the impact on their cabling.

KEY PLANNING ISSUES:

The main determining issues with this application are the environmental impact of the lights and columns both on the residential properties nearby and on the wider area and their compliance with relevant Development Plan Policies.

ASSESSMENT OF APPLICATION:

This application requires to be determined by the Planning and Building Standards Committee as, under the Development Management Regulations 2008, it affects land under Council ownership.

Planning policy

The lights are proposed to enhance football training facilities within Whitestone Park, being proposed alongside a training area between the roadside wall/banking and the training area itself. Structure Plan Policy C4 encourages sports and recreation facilities although Local Plan Policies G1 and BE4 wish to ensure that any new development respects the nature and character of the area, which is identified for inclusion within an expanded Conservation Area.

The lights themselves will be mounted on re-used lighting columns with nine metres projecting above ground. They will be sited approximately one metre from the level ground of the training pitch but still well below the street level of the adjoining A72. Although Whitestone Park provides a pleasant open entrance to Peebles from the east, there are already street lighting columns along the roadside in this location as well as floodlighting columns to the south-west at The Gytes. The principle of lights and lighting columns in this area are, therefore, established and it is not considered that five further lighting columns will be detrimental to the amenity of the Park, even following Conservation Area designation. There is also a row of trees between the proposed lights and the A72 which will soften their impact even further.

Planning and Building Standards Committee 2 In terms of compliance with the aforementioned Development Plan Policies, it is considered that the proposal will enhance existing sports provision whilst respecting the quality, nature and character of the area at the entrance to the town.

One of the most critical issues with floodlighting columns is the potential for light pollution and undue impact on residential properties nearby. Policy H2 seeks to ensure that any development that would have an adverse effect on existing residential areas should not be permitted. In this particular location, the nearest dwellinghouses are to the north of the A72 and to the west adjoining the park. In both cases, the distances are more than fifty metres from the nearest lights and the lights themselves face away from the houses directly south into the Park. The distance and direction of the lights, combined with the presence of street lighting and trees between the lights and the houses, should diminish their impact to acceptable levels. Had there also been lights facing north, then the impact would have been likely to have been more considerable and in contravention of Local Plan Policy H2.

In all cases where lighting is proposed, the views of the Environmental Health Officer are sought. The response on this application is no objection subject to various restrictions including no operation of the lights during the period 10pm to 7am, compliance with the guidance of the Institution of Lighting Engineers and the fitting of shields should light spill be an issue. The Director of Technical Services also requires the design to ensure that the lights are angled to avoid distraction to drivers on the A72. These additional controls are accepted by the applicants and can be attached as Informatives and Conditions to ensure that light pollution should not become a nuisance. In the event that there are further problems following compliance with the conditions, then the Council have the remit to act upon the nuisance directly under Environmental Health legislation.

Flooding

The response from the Flood Prevention Officer was a request for clarification on the level of the lighting columns and electric supply as 1 in 200 year levels for flood risk were available. Given the nature of the proposal which would be considered small scale and generally outwith the scope of SPP7 “Planning and Flooding”, it is considered sufficient to simply advise the developer of the nearby anticipated flood heights and the requirement to ensure the development is constructed in a flood resilient manner.

CONCLUSION

In summary, the proposed floodlights will comply with Development Plan Policies on environmental and residential impact and can be controlled by Condition and Informative to minimise this impact to acceptable levels.

RECOMMENDATION BY HEAD OF PLANNING AND BUILDING STANDARDS:

I recommend that the application is approved subject to the following Conditions and Informatives:

Conditions

2. The lights not to be operated between the hours of 22:00 and 07:00. Reason: To safeguard the amenity of adjoining residential properties.

3. Details to be submitted before the development commences for the approval of the Planning Authority with regard to light spread, impact on residential property and road users

Planning and Building Standards Committee 3 and any necessary mitigative measures to control and reduce this. Once approved, the development then to be carried out in accordance with the agreed details. Reason: To safeguard the amenity of adjoining residential properties and in the interests of road safety.

Informatives

1. The installation should be designed in accordance with the guidance produced by The Institution of Lighting Engineers.

2. Please be aware that a recent Flood Study for Peebles identified the 1 in 200 year flood risk to reach between 158.66 and 158.89m AOD. You should ensure that your development is designed to be flood resilient should it lie below these predicted levels.

Approved by

Name Designation Signature Brian Frater Head of Planning and Building Standards

The original version of this report has been signed by the Head of Planning and Building Standards and the signed copy has been retained by the Council.

Author(s) Name Designation Craig Miller Principal Planning Officer

Planning and Building Standards Committee 4 Planning and Building Standards Committee 5 PLANNING & BUILDING STANDARDS COMMITTEE ITEM 6

8TH FEBRUARY 2010

REPORT BY HEAD OF PLANNING & BUILDING STANDARDS

SCOTTISH GOVERNMENT CONSULTATION UNDER SECTION 36 OF THE ELECTRICITY ACT 1989 – PROPOSED WIND FARM AT AIKENGALL II

1. PURPOSE OF REPORT:

1.1 To advise the Scottish Government of the response from Scottish Borders Council on the application by Community Windpower Ltd for consent under Section 36 of the Electricity Act 1989 and deemed planning permission under Section 57(2) of the Town and Country (Scotland) Act 1997 for a wind farm, comprising of 30 wind turbines and ancillary equipment at ‘Aikengall II’ (Wester Dod), in the Lammermuir Hills.

2. PROCEDURE

2.1 The Scottish Government processes applications for wind energy developments exceeding 50MW generating capacity, not the local planning authority. Consequently, Government has consulted Scottish Borders Council for the authority’s views on the proposal. They have also advertised the application and have carried out direct consultation with other interested bodies. There is therefore no need for Scottish Borders Council to undertake a tandem process although consultation has been undertaken with relevant officers within the Council.

3. BACKGROUND TO REPORT

3.1 A screening opinion was sought on 12th December 2008 in relation to a potential 30 turbine wind farm with blade tip height of 126.5m by Community Windpower Ltd. A revised scoping request was sought 16th March 2009, but for taller turbines with a tip height of 145m. On 4th September 2009, a Section 36 application for the development considered in this report was submitted to Government.

4. SITE AND APPLICATION DESCRIPTION

4.1 The site, which has an overall area of just under 890 hectares, straddles the border between Scottish Borders and East Lothian. It is within the Lammermuir Hills, a landscape designated as an Area of Great Landscape Value (AGLV). The nearest village within the Scottish Borders is Abbey St Bathans, approximately 4.5km to the south-east. The site is irregular in shape, and does not strictly follow any physical, topographical or political boundaries. The land area of the site within the Scottish Borders equates to approximately one quarter of the overall site area and contains eight of the 30 proposed turbines.

4.2 The application site is bordered to the north-west by the existing Aikengall I Wind Farm, to the south-west by Upper Moneynut Forest, to the south-east by open upland

1 moor, to the east in part by plantation woodland and elsewhere by the open moor. It includes Monynut Edge, which is prominent in views from the west and east.

4.3 The proposed windfarm comprises of the following elements:

x 30 wind turbines @ 108MW, ground to blade-tip height 145m x Access tracks x Crane pads x Temporary construction compound x Borrow pits (1 no. in Scottish Borders) x Two meteorological masts (1 no. in Scottish Borders) x On-site control room x Electrical substation and compound

The vehicular access to/through the site is intended via the existing route to the north currently serving Aikengall I. The access road would be continued with no direct access proposed from the Scottish Borders into the wind farm site.

4.4 The application is supported by an Environmental Statement.

5. THIRD PARTY RESPONSES

5.1 Third party representations are submitted to the Scottish Government and it is for the Scottish Government to take these into consideration when assessing the proposed development.

6. PLANNING ISSUES

6.1 The key factors relevant to the determination of this application are whether the proposed wind farm complies with Scottish Borders development plan policy, particularly policies relating to renewable energy development, designated landscape areas and nature conservation.

7. ASSESSMENT OF APPLICATION

7.1 The Environmental Statement has given coverage to the potential magnitude, the significance and the acceptability of the predicted changes to the landscape and visual amenity in the study area. Through reference to national guidance, Council policies and through the use of zones of theoretical influence mapping, photomontages, wireframe drawings, the Statement draws a number of conclusions.

7.2 The development requires to be assessed against a number of relevant policies in the Approved Structure Plan 2001-2018 and Adopted Local Plan 2008 and these are listed in full in appendix A, along with a note of the relevant government policy and advice.

7.3 Of the listed policies, the key criteria based policies relevant to the determination of this proposal are:

x Policy I20 of the Approved Structure Plan and criteria (i) of the policy states that wind energy developments will be assessed against the landscape character of the area.

x Policies N9 and N11 state that proposals for development and land use change will be guided by the Scottish Borders Landscape Assessment with the aim of maintaining the integrity of the landscape character and enhancing its quality and the later policy specifically seeking to safeguard the intrinsic qualities and character of the Area of Great Landscape Value (AGLV).

2 x Policy EP2 and Policy D4 of the Adopted Local Plan support Structure Plan Policies N11 and I20 respectively with regard to landscape character and development within an AGLV. Policy D4 develops the policy position further by identifying the key features considered necessary in identifying appropriate locations for wind farm developments. Appropriate locations normally being (a) within large scale landscape settings defined as Upland Type in the Landscape Classification hierarchy contained in the Borders Landscape Assessment, and (b) enclosed by surrounding landform thereby minimising external visibility of the development.

7.4 Many of the environmental impacts of the development could be mitigated or controlled by imposing conditions and these relate to archaeology, noise, rights of way/public access, and nature conservation. The principle concern therefore relates to Landscape and Visual Impact (including cumulative impact). However, each individual subject area will be given specific coverage in the next few sections of this report.

Archaeology and Cultural Heritage

7.5 The site is known to be of archaeological interest. The EIA gives coverage to matters of archaeology, but not to the complete satisfaction of the SBC Archaeology Officer. This has not presented a reason to resist the development, but has identified a potential requirement for specific planning conditions (relating to the entire area, not just the portion in Scottish Borders), that would require investigation prior to development as per the following:

x A systematic field survey (incorporating transects of an orientation, dimensions and shape to be agreed) of the total development area excluding areas already studied for the ES. x An evaluation of peat deposits, depths and potentials for archaeological and paleoenvironmental survival. Additionally, an assessment of possible direct impacts is necessary along with recommendations for avoidance or mitigating impacts. x A Watching Brief over all areas where ground breaking takes place. This should involve an archaeological monitoring of top-soil stripping to sub-soils and the identification, recording and recovery of any buried features or artefacts. x If significant archaeology is located as a result of the Watching Brief, an agreed strategy will be devised to either preserve in situ buried features and finds, or to fully excavate, record, conserve, report and publish the discoveries. x All results will be presented to the Planning Authority as a synthetic report. In addition, an entry in Discovery and Excavation in Scotland is expected.

7.6 In summary, in respect of archaeology there is no planning objection, but conditions would be recommended to the Government in relation to this subject.

Landscape and Visual Impact:

7.7 The site lies along a hill ridge called Monynut Edge and includes the summits at Wester Dod, Heart Law and Ewelairs Hill. The highest point of the site is 416m AOD. The site straddles the East Lothian / Scottish Borders boundary and a total of 8 of the 30 proposed turbines lie within the Scottish Borders. The site is within landscape type “1LP: Dissected Moorland Plateau: Lammermuir Plateau”, (an Upland Type) as defined the Borders Landscape Assessment. In East Lothian it is described as “Lammermuir Plateau Character Area” and this is essentially the continuation of the same character type.

3 7.8 The key policy for consideration of landscape impacts of the development is ‘Policy D4 – Renewable Energy Development’ in the Adopted Local Plan dated 2008. The policy develops the Council’s position in respect of the consideration of impact on landscape character and countryside amenity by identifying the key features that locations should exhibit in order to be considered appropriate locations for proposed wind farm developments. It is contended that that the development complies with points 1 and 2, as set out in Policy D4, in that such adverse effects as are indentified in the EIA can be mitigated and that any wider economic and environmental benefits outweigh the potential damage the development will cause. Taking the defined criteria of the Policy D4 in turn:

Criteria 1 - The site is not within a ‘preferred area of search’ as defined by Structure Plan policy I19; because it is within the Lammermuir Hills AGLV but this would not in itself exclude the site for consideration for a windfarm. This requires more detailed analysis of the characteristics of the site and its surroundings and the constituent elements of the application proposal. On a qualified basis, the proposal could comply with the terms of criteria 1.

Criteria 2 - The site is within a large scale landscape (Upland Type) as defined by the Borders Landscape Assessment, the preferred type in terms of policy D4. This is an important consideration because larger scale landscapes, lacking the detailed pattern of field enclosures, houses etc, found in the smaller scale landscapes, can visually accommodate the large size of turbines more easily because there are no features to emphasise their height. The development is considered to be consistent with criteria (2) of Policy D4

Criteria 3 - The best integrated windfarms developments in the Scottish Borders have benefited from being enclosed by surrounding landform with screening from surrounding hills thereby minimising external visibility of the development. PAN 45 suggests that up to 2km away the proposal will have a prominent impact, while a 2- 5km distance will result in a relatively prominent impact, with 5km or more having an impact in clear visibility. Landform containment for the current proposal is best illustrated by Figure 7.10 of Volume II of the applicant’s ES dated July 2009. It shows very limited containment within the most sensitive 2km range but also very little receptor sensitivity. Within the wider 5km range, there is some landform containment to the north and south but there is also a band of visibility to the east including parts of Oldhamstocks and the building groups at Hoprig, Fulfordlees, Ecclaw, Blackburn Mill and Whiteburn but again overall, the ZTV area has relatively low receptor sensitivity within the 5km range. The development is considered to be consistent with criteria (3) of Policy D4.

Criteria 4 - In terms of impacts on other high sensitivity receptors, there are some views from the A1 trunk road and the A6112 Duns to Grantshouse road and from a short stretch of the A1107 Coldingham Moor road as well as from the village of Cockburnspath but these should be within acceptable limits given the distances involved and as compared to the existing landscape condition i.e. where wind turbines are already part of the established view. It is contended that the turbines will have a limited harmful visual and landscape impact on high sensitivity receptors from a range of public viewpoints and users of footpaths and bridle paths in the vicinity of the site and that the proposal is consistent with criteria 4.

Criteria 5(i) - In terms of landscape character, the area is a large scale landscape and therefore better able to accommodate large turbines. Any qualities of remoteness have already been considerably reduced by the existing windfarm to the north at Aikengall I and to the west at Crystal Rig. It is accepted that the site does not display “remote” or “wildland” qualities such as to become a determining factor in this application. The development complies with the terms of criteria 5(i).

4 Criteria 5 (ii) - See 4 above. The most successfully integrated windfarms, in respect of visual impact on receptors, combine a limited numbers of properties with a limited % ZTV coverage. However, it is also argued that where the ZTV percentage has been relatively high the impact has been is off set by very few residential properties existing. The Council’s policy framework that encourages development into the Upland Landscape Types, such as this, has been successful in allowing the integration of windfarms into the Borders Landscape, whilst limiting their impact on existing residents and visitors alike. The development is considered to be consistent with criteria 5(ii) of Policy D4.

Criteria 5(iii) - See 4 above. There will be ‘coincident’ cumulative impact as the proposal will appear as an extension to Aikengall I and there would be a significant concentration of wind turbines in the Aikengall / Crystal Rig area as illustrated by a number of the viewpoint studies in the ES. However, in most of these examples, the receptor sensitivity is already lowered by the presence of existing windfarms and it can be argued that it is preferable to accept coincident cumulative impact and concentrate on the sequential cumulative effects.

The level of sequential cumulative impact with Aikengall I can be gauged from figure 7.54, the additional ZTV attributable to this application being the pale blue area. Sequential cumulative effects including Crystal Rig are illustrated at figure 7.58. In both these cases the major part of the ‘additional’ area is to the east and south east and the application would undoubtedly become a significant skyline feature when viewed from these areas. However, as already noted above, the receptor sensitivity is generally low. The development is considered to be consistent with criteria 5(iii) of Policy D4.

Criteria 5(iv) – (viii) – The issues relating to generation of noise, traffic generation, including access during construction, ecology and ornithology, interference with radio telecommunications and aviation and the provisions for decommissioning are dealt with elsewhere in this report. Any adverse impact in respect of these matters can be mitigated either through actions already identified in the EIA or through the imposition of suitably worded conditions. The development is considered to be consistent with criteria 5(iv) – (viii) of Policy D4.

Criteria (ix) - In terms of consideration of cumulative impacts See 5 (iii) above and 7.11 – 7.15 below.

The policy also requires that the development be considered within the context of national policy. It is contended that the application is in alignment with the provisions of SPP6 and PAN45 and that it has been found to be consistent with policy for the reasons set out in this report.

7.9 The landscape assessment of proposed windfarms is always problematic as there are a number of variables that influence human perceptions of landscape change and these vary widely over time, from landscape to landscape and between different individuals. In terms of visual impacts on receptors such as residential properties or road users, this application is considered to be within the tolerances accepted elsewhere in the Borders. There is a degree of concern about the potential of this proposal to increase the visual effects as skyline features within the Lammermuir Hills AGLV. However, the degree of sequential cumulative impact is relatively low and receptor sensitivity is also already lowered by the existence of constructed windfarms in the same view. The area largely lacks the qualities of remoteness that might make development unexpected and unacceptably intrusive and it may therefore be concluded that there is not sufficient basis, on landscape and visual grounds, to oppose the application.

5 7.10 In summary, the landscape impact of the proposed development is considered to be acceptable, and no conditions are to be recommended that would seek modify height, siting or type.

Cumulative Landscape and Visual Impact

7.11 Matters relating to the cumulative impact of the proposed development with existing and consented wind farms have been considered in the previous section. However, it must be acknowledged that other developments, either the subject of an undetermined planning application or at pre-application stage may be influential at some stage in the future, if not presently. The submitted EIA does not give coverage to the proposals at Brockholes Farm under ref. 09/00516/FUL, for 3 no. turbines. Neither does it give coverage to a pre-application proposal at Blackburn Farm, Grantshouse, for 14 no. turbines.

7.12 The Council is in receipt of a pre-application proposal for 14 no. 125m (to tip) wind turbines generating 2MW each at Blackburn Farm, near Grantshouse, the site boundary for which is within 3km of the easternmost edge of the Aikengall II proposal. It is highly likely that there would be a cumulative visual impact between that development and the development currently being proposed.

7.13 It is also likely that there would be a degree of cumulative visual impact involving the Brockholes Farm application for three turbines (84m to tip) – this is reflected in the Landscape and Visual Assessment submitted with 09/00516/FUL.

7.14 If the Aikengall II proposal, the Blackburn Farm proposal and the Brockholes Farm proposal are given a hierarchy in terms of their strategic importance (and the gravity of the development proposals), it is likely that this order would be followed, with Aikengall II being most important because of the level of development, number and size of turbines, landscape designation and potential output. With this in mind, and with the ikengall II application requiring an assessment by a firm deadline by which SBC must submit its views, although relevant to consideration of the current proposal it is unlikely that the proposals at Blackburn Farm and Brockholes would influence the planning recommendation for Aikengall II.

7.15 It is reasonable to conclude that the primary cumulative visual impact concerns relate to the interaction of the current Aikengall II proposal with existing and consented developments at Crystal Rig (built), Aikengall I (built) and arguably Drone Hill (consented). This has been considered in the previous section.

Ecology, Habitats and Wildlife:

7.16 The Council’s Structure Plan Policies N1: Local Biodiversity Action Plan; N2: International sites; N3: National sites; N5 Local Biodiversity Action. Also, adopted Local Plan Policies NE1: International Nature Conservation Sites; Policy NE2: National Nature Conservation Sites; and NE3: Local Biodiversity apply. Guidance on the Council’s requirements is given in the Supplementary Planning Guidance for Biodiversity, which sets out the Council’s requirements in Sections 4.1 Environmental Impact assessment, 4.2 Ecological Impact Assessment and for species and habitats in Sections 5 and 6 of the SPG. No reference has been made to this document or in parts to the requirements of the Scottish Borders LBAP.

Ornithology:

7.17 It is considered that there are a number of deficiencies in the way the data within the EIA has been presented and analysed

6 x Collision Risk Modelling is assessed per vantage point and assumes 25% shutdown periods. It is not clear that this is consistent with standard methodology (SNH 2005).

x It is not clear whether any data on breeding protected raptors has been obtained from the Lothian & Borders Raptor study group and been used to inform the EIA.

x There has been no assessment of cumulative effects, the site is adjacent to four consented wind farms (Crystal rig I, II, IIa and Aikengall I) and is approximately 10km from Black Hill and 12km from Drone Hill.

x The registrations from Moorland Bird surveys are not clearly presented in Fig. 8.5. A series of three maps would have been helpful to show breeding waders, moorland passerines and other species. There appear to be three curlew registrations (3 pairs?) and seven snipe registrations (seven pairs). The results are presented as two pairs of curlew and 6 pairs of snipe (Table 8.5 p167)

7.18 The Environmental Statement (ES) suggests that there will be a moderate impact on merlin, peregrine, goshawk and golden plover and low impact on other species (p179 Table 8.27). Recent research (Pearce-Higgins et al. 2009) suggests that some moorland breeding birds including curlew and snipe, may be displaced from areas within 500m of turbines. This should be used to inform the suggested species and habitat mitigation proposals.

7.19 The records for wintering twite and ring ouzel (breeding season) are noted. However, measures should be included within the habitat management plan proposals to provide enhancements for these species.

7.20 Section 8.2.6 p179 of the EIA Reducing Impact and mitigation recommends a species and habitat management plan which is to be welcomed (see also Habitats below). The following section, Reducing Impact: Removal of Red-legged Partridge pens, suggests that the developer had advocated removal of these pens prior to survey as they were attracting raptors onto the site. This would appear to be a rather unfortunate admission that they sought to manipulate the baseline data.

7.21 Nonetheless, it would be reasonable to adopt creative mitigation measures to ensure that areas away from the turbines and development area are made more attractive for foraging raptors through moorland and grassland enhancements to increase prey outside the site and so that raptors are not moving across the wind farm site from breeding site to foraging grounds. Such off-site measures can be secured through legal agreement.

7.22 The Species and Habitats Management Plan should include moorland enhancement measures for breeding and wintering waders, on-site and off-site measures for raptors and golden plover, woodland edge improvements for merlin and black grouse (in areas where they do not increase the collision risk for these species), farmland improvements at Aikengall and Monynut for farmland species and waders and enhancement for twite and ring ouzel.

7.23 For moorland breeding birds, avoidance of the breeding bird season as far as possible is a sensible mitigation (section 8 Reducing Impact p179).

7.24 Despite the deficiencies in the assessment of impacts on ornithological interest, it is unlikely that there will be a significant impact on regionally important ornithological interest and, therefore, appropriate mitigation, compensation and enhancement applies. A condition requiring that no works are to commence during the breeding bird

7 season (March- August) without the express written permission of the Planning Authority is recommended, if planning permission is granted.

Mammals:

7.25 It is not clear when, specifically, surveys occurred and what the survey effort was. Desk top studies were carried out but it is unclear whether local biological records were obtained and used.

Otter:

7.26 A couch/ lying up site was located just outside the Scottish Borders part of the sites and there is activity along the Crib burn/ Short Crib burn within Scottish Borders. The distance from the couches to turbines and infrastructure appears to be several hundred metres. It is not clear whether Monynut water (part of the River Tweed SAC) was surveyed.

Bats:

7.27 A bat survey was carried out, but it is not clear whether this met the requirements of standard guidance (Natural England Technical note TIN051 is currently widely adopted as standard guidance). Further advice on statutory protected species will be available from SNH. It is not clear whether local biological records have been obtained or used. To note (p202), the CRoW act does not apply to Scotland.

Badgers:

7.29 Limited badger activity was recorded on and adjacent to the site. It is accepted that there is unlikely to be significant impacts on the regional or local badger population.

Other:

7.30 There were no records of water vole or red squirrel recorded.

7.31 The ES advocates a species and habitat mitigation plan as part of a programme of mitigation for construction and operation. This notes measures for tracks and crossings, riparian corridors, measures to prevent pollution of watercourses, marking buffer areas around sensitivities and pre-construction checks. A condition is recommended in the event of planning permission being granted, which would require that prior to the commencement of works checking surveys for protected species (including otter, badger, breeding birds) be undertaken. The results of these surveys should be used to inform construction activities, micro-siting and any required mitigation proposals for protected species on the site to be agreed with the planning authority.

River Tweed SAC:

7.32 The ES provides very little assessment of impacts on the River Tweed SAC. The designated part of Monynut water (part of the River Tweed SAC) occurs along the far south-western boundary of the site and burns drain directly off the site into the designated Monynut water (Crib burn, Short Crib burn, Pyat Grain. There appears to be an absence of deep peat on site (although no peat survey has been submitted) and therefore, low risk of peat slide. There also appears to be no significant areas of glacial deposits that may be affected. However, it is noted that Section 10 Hydrology (p265) suggests that information in the East Lammermuir Deans Wildlife Management Plan indicates that the area is susceptible to flash flooding with surges and erosion events. It may be unlikely that the development would have a likely significant effect on qualifying interest of the River Tweed SAC (otter, atlantic salmon, river, brook, sea lamprey species and Callitricho-Batrachion vegetation) or an

8 adverse effect on the integrity of the River Tweed SAC. Advice on statutory protected habitats will be provided by SNH, SEPA will provide guidance on the requirements to protect water bodies.

7.33 The fisheries section (p220) identified good populations of trout but no evidence of salmon or lamprey. This report also advocates future monitoring of trout populations. It suggested that the likelihood of impacts on the local trout population to be low.

Non-statutory habitats:

7.34 Phase1 habitat survey the Scottish Borders component of the site is dominated by dry dwarf shrub heath and unimproved acid grassland. There is some scattered tree cover in cleuchs, areas of bracken, areas of wet heath (possibly modified bog), acid and basic flush and some interesting residual areas of unimproved calcareous grassland. Coniferous plantation forms the western and eastern boundary. Several burns drain the site down the cleuchs and join the Monynut water and in the eastern part (East Lothian) of the site drains into the head waters of the Eye water. Direct impact p212 suggests that it is not possible to state quantitatively the extent of loss. However, the Ornithology section identifies that direct habitat loss is estimated to be approximately 38ha (Section 8.2.5 Predicted Impact and effects p171)

Invertebrates:

7.35 A survey to assess impacts on invertebrates is to be welcomed. However, the results presented are very generalised and the appendix 1 referred to in the text was not available.

Reptiles and Amphibian:

7.36 No information is provided on survey effort or dates of survey. Low level of reptile activity was found, common lizard and adder. It is recommended that pre- construction surveys are carried out to guide any mitigation requirements.

Forestry and Land Management:

7.37 An area of 25.1 ha of coniferous plantation is to be felled (in East Lothian). Forestry Commission Scotland/ Scottish Government guidance on the control of removal of woodland should apply. Enhancement measures for the cleuchs are to be welcomed, though it is important that these measures are consistent with protecting grassland interest (e.g. common rock-rose on Camy cleuch) and ornithological interest (ring ouzel). Opportunities to enhance the Forest Habitat Network are to be welcomed. This would be complementary to developed proposals for East Lothian and Scottish Borders for priority habitat networks in the Lammermuirs, Scottish Borders Woodland Strategy and Scottish Borders LBAP objectives and the emerging SESPlan Green Networks. Opportunities may arise off-site which can be secured through legal agreement, such measures may provide multiple benefits in terms of River Basin Management Plan/ water quality objectives(Monynut water, Eye water ) and biodiversity enhancement (River Tweed SAC).

7.38 In the event of planning permission being granted, it is recommended that a condition be imposed requiring that, prior to the commencement of works a Species and Habitat Management Plan, including on-site and off-site measures as appropriate for breeding and wintering birds, moorland, woodland and grassland enhancements be submitted to and approved in writing with the Planning Authorities in consultation with SNH and RSPB. The condition would also require that any works shall thereafter be carried out in accordance with the approved scheme.

Ecological Clerk of Works

9 7.39 It is recommended that an Ecological Clerk of Works is appointed prior to construction, to ensure pre-construction checking surveys for protected species are carried out, ensure compliance with Construction Methods Statement and Environmental Management Plan requirements, ensure implementation of the Species and Habitat Management Plan and to ensure compliance with Decommissioning Methods Statement requirements.

Post Construction Monitoring:

7.40 In the event of planning permission being granted, it is recommended that a ‘Before- After-Control-Impact’ (BACI) monitoring programme is required. This should be subject to the approval of the Planning Authority. The monitoring programme should include a breeding bird survey at 1, 3, 5, 10 and 15 years intervals after the completion of the wind farm, and monitoring of other key species such as geese and protected mammals as appropriate.

Summary:

7.41 The Environmental Impact Assessment is deficient in adequately assessing impacts on habitats and species, including the River Tweed SAC and European Protected Species (notably bats). Adopting the Structure Plan Policy N5 Local Biodiversity Action, Local Plan Policy NE3 Local Biodiversity as informed by the Supplementary Planning Guidance for biodiversity, reaching a final conclusion on the assessment of ecological impacts is not possible.

7.42 However, on balance, provided that SNH do not consider there to be a likely significant effect on the qualifying interest of the River Tweed SAC, and if they consider there will be no significant adverse effect on the integrity of the River Tweed SAC, it is considered that there is a low likelihood of there being a significant adverse impact on the ecological interest provided further impact assessment is carried out to guide mitigation. This will inform the Construction Methods Statement, Environmental Management Plan, Decommissioning Methods Statement and Species and Habitats Management Plan.

Traffic and Transport

7.43 The proposal would not give rise to a new road access. The existing access serving Aikengall I would be utilised for all traffic but extended to make new roadways within the current site. The resultant planning position in relation to traffic and transport is that there would be no objection.

Access

7.44 The information within this section has to a great extent resulted from an internal consultation with the SBC Access and Countryside Officer.

7.45 The site does not contain, nor is it bounded by, public footpaths or rights of way. The development would, however, be highly visible from the Southern Upland Way, a nationally important and nationally designated coast to coast public path.

7.46 The Landscape Value of the Lammermuirs is reflected in its designation as an AGLV, and if the development goes ahead there will be a cumulative visual impact that will be observed by its users. Arguably, the cumulative impact of wind farms causes diminishment to the intrinsic value of the Lammermuirs and impacts upon its attractiveness as a wilderness.

10 7.47 On this basis, although the principle of the development is not objected to from an Access viewpoint, it is proposed that a Section 75 Legal Agreement includes a provision for a local/community educational ranger (cross-border, East Lothian and SBC) to be established.

7.48 On a similar basis, but potentially via planning condition insofar as it is only reasonable to relate this requirement to the site and not to land in separate ownership nearby, there is a requirement for a public access study to provide for access on site and connection to other paths. Any such study would demonstrate fully what access would be available to the site and how it would be managed during the lifespan of the wind farm.

Noise

7.49 The SBC Environmental Health Officer has not raised an objection to the principle of the development and has not identified any specific noise-related issues. Recommendations are made that specific maximum noise levels are stipulated. Monitoring of noise output from the development would form part of a noise management strategy, which could be obligated via planning condition.

Scottish Natural Heritage Comments

7.50 Although not part of the Council’s consultation process, Scottish Natural Heritage was formally consulted by the Scottish Government. SNH in their reply to the Scottish Government indicate that it supports the development of renewable energy as an integral part of the Government’s climate change programme, where the impacts on the natural heritage and enjoyment of it are acceptable. SNH is particularly concerned with the impact of a potential development on the landscape character of the area, its visual amenity, nature conservation and recreational value.

7.51 SNH states its position in respect of the development proposal in its formal consultation response to Scottish Government dated 15th October 2009 that it does not. object to the proposal, however it strongly recommends conditions & Legal Agreement to minimise impacts of development in relation to:

x mitigation measures to avoid suspended solid run-off, pollution run-off and impediment of water flow in to the SAC x produce Construction and Decommissioning Plans to avoid damage to SAC x employ 2 no. Clerks of Works to oversee implementation of construction and decommissioning plans x habitat management plans (birds/bats/raptors)? x No tree removal during bird breeding season (March to August inclusive) x Relocation/omission of 3 turbines seen from Oldhamstocks x Layout of turbines redesigned to improve overall appearance of turbine areas x Revise (reduce) height of turbines so that they would be more compatible with existing at adjacent sites x Construction of tracks to accord with SNH guidance

7.52 The submissions of SNH outlined above are clearly material considerations for the Scottish Government to consider when assessing the windfarm application. Members are entitled to consider these views, and to consider what weight to attach to them in reaching a decision. SNH’s comments are publicly available and may be used as a guide in order to assist decision making based on the internal consultation responses detailed above.

Scottish Planning Policy 6 – Renewable Energy

7.53 Of relevance to the consideration of this proposal is SPP6 and the Scottish Minister’s expectation contained therein that Local Authorities will grant sufficient consents to 11 achieve its minimum 2020 target of 40% of electricity generated in Scotland from renewable sources (6 GW).

7.54 The SPP states that whilst other technologies will contribute in the longer term hydro and on-shore windfarms will be the main contributors to meeting this target. This is linked the Government’s desire that planning authorities give full consideration to sites that have ease of connection to the existing grid thus allowing early achievement of this target. The Aikengall II site has the potential to make a significant contribution towards assisting the fulfilment of this policy and considerable weight must to given to this consideration. This factor is also linked with the limited remaining opportunities for windfarm proposals of sufficient scale to meaningfully contribute to Government targets in the Scottish Borders.

7.55 The SPP highlights that planning authorities should identify areas for search for onshore windfarms within their areas and guide developers to suitable areas for windfarms. The basis of the work carried out by the Macaulay Institute on the Council’s behalf identified those areas of the Borders where wind turbines could be located with least visibility as seen by the most sensitive receptors i.e. residential properties. It identified that wind turbines located towards the centre of undulating uplands and avoiding the outer hill tops, will benefit from the screening provided by the surrounding landform and therefore have limited impacts on the wider public perception of their surroundings i.e. from the more densely settled lowlands. This effect is particularly relevant in the rolling Border hills and provides an effective way of minimising impacts on well known views and skylines.

7.56 Paragraph 25 of SPP6 states that ‘in all instances, applications should be assessed in relation to criteria based policies to provide clarity on the issues that must be addressed to enable development to take place. This criteria will vary depending on the scale of development and its relationship to the characteristics of the surrounding area but are likely to include impacts on landscapes and the historic environment, ecology, biodiversity and nature conservation, the water environment, communities, aviation, telecommunications, noise, shadow flicker and any cumulative impacts that are likely to arise.’

8. CONCLUSIONS

8.1 In preparation for submission of this report to Scottish Ministers, all necessary internal consultations with specialist officers within the Planning and Economic Development/Technical Services Directorates were undertaken. None of the consultation responses received raise objections to the principle of the development, although planning conditions are recommended as a result of some of the information contained therein.

8.2 The potential of this development to impact on the landscape of the Lammermuir Hills AGLV is of the greatest significance. There is an acceptance that previous development at Aikengall I and Crystal Rig has already changed the local landscape significantly. Views from the west from Wether Law and Moss Law show the stark contrast between the existing turbines and the dark landscape; submitted graphics and photomontages in the EIA show the increased landscape impact from these and other viewpoints. Cumulative visual impact would occur if the development applied for is now implemented and the ability of the landscape to accommodate this impact would be tested.

8.3 However, as is reflected in the section above relating to landscape impact, balancing the additional visual impact of this development against the requirement to give positive consideration to renewable energy development would lead to a conclusion that the development would accord with both national and local policy in this area. The locality is already characterised by wind farms and turbines, and the increase in impact would be, on balance, within tolerable levels.

12 9. RECOMMENDATION OF HEAD OF PLANNING AND BUILDING STANDARDS

9.1 That the Council indicate to Scottish Ministers that it does not object to the application at Aikengall II for the following reasons:

1. The proposed development would be consistent with policy I20 of the Scottish Borders Structure Plan 2001-2018 and Policy D4 – Renewable Energy Development of the Scottish Borders Local Plan 2008 in that the erection of 30 wind turbines and associated equipment would cause an acceptable level of impact on the landscape character of the surrounding area. The proposed wind turbines would not prejudice any relationship with high sensitivity receptors, focussing in particular on the area of the site which is within Scottish Borders.

2. The proposed development would be consistent with Policy N11 – Areas of Great Landscape Value of the Scottish Borders Structure Plan 2001-2011 and Policy EP2 – Areas of Great Landscape Value of the Scottish Borders Local Plan 2008 in that the erection of 30 turbines and associated equipment would cause an acceptable level of impact on the landscape quality of the Lammermuir Hills Area of Great Landscape Value. Taking into consideration the change to the AGLV landscape already imposed by adjacent wind farms, the current development could be accommodated without undue harm to the wider landscape.

9.2 The Council recommends a full range of conditions relating to the development, which have been informed in part in relation to advice from SBC internal consultees, and in part through dialogue with East Lothian Council’s Planning Department, bearing in mind the overlap of the site of both Council’s geographical areas. The Council also recommends that a Section 75 Legal Agreement is concluded in relation to cross- border community resources, specifically in relation to provision of a community ranger service. Potential conditions are listed in Annex B, attached to this report.

Approved by Name Designation Signature Brian Frater Head of Planning & Building Standards

The original version of this report has been signed by the Head of Planning and Building Standards and the signed copy has been retained by the Council.

Author(s) Name Designation John Hiscox Planning Officer (Development Management)

Background Papers: APPENDIX A - LIST OF DEVELOPMENT PLAN POLICIES & GOVERNMENT POLICY AND ADVICE APPENDIX B – DRAFT LIST OF PROPOSED CONDITIONS (UPDATED FEBRUARY 2010)

Previous Minute Reference: None.

13 APPENDIX A -

AIKENGALL II SECTION 36 PLANNING APPLICATION LIST OF DEVELOPMENT PLAN POLICIES & GOVERNMENT POLICY AND ADVICE

(I) SCOTTISH BORDERS STRUCTURE PLAN 2001-2018

PRINCIPLE S1 - Environmental Impact Proposals for substantial development will be assessed against relevant sustainability criteria with the aim of minimising harmful environmental impacts and moving towards sustainable development.

POLICY N1 - Local Biodiversity Action Plan The Council will continue to promote the implementation and ongoing review of the Local Biodiversity Action Plan, as part of the Local Agenda 21 process and the drive towards sustainable development, in partnership with all interested parties.

POLICY N2 - International Sites Development proposals likely to have a significant effect on a designated or proposed Natura 2000 site, or a listed or proposed Ramsar site, and not directly connected with or necessary to the conservation management for that site, will be subject to an assessment of the implications of the site's conservation objectives. The development will only be permitted where the assessment demonstrates that: (i) it will not adversely affect the integrity for the site; or (ii) there are no alternative solutions, and (iii) there are imperative reasons of overriding public interest, including those of a social or economic nature that clearly outweigh the international nature conservation value of the site.

POLICY N3 - National Sites Development proposals likely to have an adverse effect, either directly or indirectly, on a Site of Special Scientific Interest will not be permitted unless: (i) the development offers substantial benefits, including those of a social or economic nature, that clearly outweigh the national nature conservation value of the site, and (ii) there are no reasonable alternative means of meeting that development need. Where the site concerned is a National Nature Reserve, particular regard will be paid to the site's national importance.

POLICY N5 - Local Biodiversity Action Development likely to have an adverse effect, either on a locally important wildlife site, or on habitats or species identified for conservation action in the Local Biodiversity Action Plan, will only be permitted if it can be demonstrated that the benefits of the proposal will clearly outweigh the intrinsic nature conservation value of the site, feature or area and its role in contributing to the development of regional habitat networks.

POLICY N6 - Environmental Impact All proposals for development will be assessed for their environmental impact. The Council will, where appropriate, request the submission of an Environmental Impact Assessment in accordance with the Environmental Assessment Regulations. Where necessary, the Council will require developments to be subject to an Appropriate Assessment¹ of the implications for the conservation objectives of the site.

POLICY N7 - Protection of Nature Conservation Interest Where development is approved which would damage the nature conservation value of a site or feature, the Council will seek to ensure that such damage is kept to a minimum. Where appropriate, the Council will consider the use of conditions and/or planning obligations that will modify proposals to maintain as far as possible existing nature conservation interests and/or will mitigate the effects of damage by the creation of new habitats or features.

POLICY N8 - River Tweed System The Council in partnership with the Tweed Forum and relevant agencies and organisations will seek to protect and enhance the heritage, landscape, amenity, nature conservation, and fisheries interests of the Tweed. Development which is considered likely to have an adverse effect on the Tweed resource, will be subject to rigorous examination under the Structure Plan's nature conservation policies.

POLICY N9 - Maintaining Landscape Character Proposals for development and land use change will be guided by the Scottish Borders Landscape Assessment with the aim of maintaining the integrity of the landscape character and enhancing its quality. The Assessment will be used to inform policy reviews and guidelines on topics, which have implications for the landscape resource.

POLICY N11 - Areas of Great Landscape Value In assessing proposals for development in Areas of Great Landscape Value, the Council will seek to safeguard landscape quality and will have particular regard to the landscape impact of the proposed development. Proposals which have a significant adverse impact will only be permitted where the impact is clearly outweighed by social or economic benefits of national or local importance.

POLICY N14 - National Archaeological Sites Development proposals, which would destroy or adversely affect the appearance, fabric or setting of Scheduled Ancient Monuments or other nationally important sites not yet scheduled will not be permitted unless: the development offers substantial benefits, including those of a social or economic nature, that clearly outweigh the national value of the site, there are no reasonable alternative means of meeting that development need, and the proposal includes a mitigation strategy acceptable to Historic Scotland (in the case of Scheduled Ancient Monuments).

POLICY N15 - Regional and Local Archaeological Sites Development proposals which will adversely affect an archaeological site of regional or local significance will only be permitted if it can be demonstrated that the benefits of the proposal will clearly outweigh the archaeological value of the site or feature.

POLICY N16 - Archaeological Evaluation, Preservation and Recording Where there is reasonable evidence of the existence of archaeological remains, but their nature and extent are unknown, the Council may require an Archaeological Evaluation to provide clarification of the potential impact of a development before a planning decision is reached. Where development is approved which would damage an archaeological site or feature, the Council will require that such development is carried out in accordance with a strategy designed to minimise the impact of development upon the archaeology and to ensure that a complete record is made of any remains which would otherwise be damaged by the development. Such a strategy might include some or all of the following: (i) the preservation of remains in situ and in an appropriate setting, (ii) surface or geophysical survey, (iii) archaeological excavation, (iv) study of the excavated evidence and publication of the results. The preferred solution will be influenced by the value of the site in national, regional or local terms.

POLICY N20 - Design The Council will encourage a high quality of layout, design and materials in all new developments, including redevelopments and alterations. Favourable consideration is more likely where development proposals: (i) provide a design brief or design statement, where required, as part of a submission for planning permission (ii) incorporate a landscape plan, where required, as part of the application, (iii) demonstrate an appropriate use of building materials in keeping with their surroundings, (iv) promote the use of recycled building materials where possible, (v) demonstrate a consideration of energy efficiency in orientation and design, (vi) demonstrate a consideration of water minimisation measures, and (vii) demonstrate a consideration of safety and security.

POLICY E22 - Protection of the Tourist Industry Development proposals which are considered likely to have a significant and sustained adverse impact on tourism will not be permitted.

POLICY C8 - Access Network The Council will support the protection, development and enhancement of a comprehensive access network in the Scottish Borders in accordance with the principles of the Access Strategy.

POLICY I13 - Water Quality The Council, in association with East of Scotland Water and the Scottish Environment Protection Agency, will seek to ensure that water quality is protected from the adverse effects of development. In particular: (i) development involving the leaching of pollutants into groundwater sources will not be permitted, (ii) development will be assessed against the Groundwater Protection Strategy for Scotland, and, (iii) any development with potentially adverse impacts on the water environment will be subject to consultation with the Scottish Environment Protection Agency and/or East of Scotland Water.

POLICY I19 - Renewable Energy The Council supports the development of renewable energy sources that can be developed in an environmentally acceptable manner.

POLICY I20 - Wind Energy Developments Proposals for wind energy developments will be assessed against the following criteria: 1 the landscape character of the area, as guided by the Landscape Character Assessment, 2 the Structure Plan's environmental policies, 3 the impact of noise on residential and other noise-sensitive developments, 4 interference with aircraft activity, 5 a significantly increased risk of 'shadow flicker' or 'driver distraction', or, 6 any unacceptable cumulative impacts. (II) SCOTTISH BORDERS COUNCIL LOCAL PLAN 2008

PRINCIPLE 1 - SUSTAINABILITY Substantial development will be assessed against the under noted sustainability indicators that relate to the local environment, community and economy, demonstrated by whether the proposal: 1. is concerned with the long term sustainable use and management of land, 2. minimises the need to travel using private cars, by being close to existing public transport or allowing safe, easy access by walking and cycling, 3. does not significantly damage valuable natural resources, habitats, species or the environment, 4. does not significantly damage built or cultural heritage resources, 5. does not have a significantly detrimental impact on the character, environment or amenity of the surrounding area, 6. makes full use of design and technology to maximise the efficient use of energy and resources, and minimise light pollution, 7. does not prejudice future development opportunities nor create a precedent for inappropriate future development patterns, 8. reduces the production of waste and manages it as a resource in accordance with the waste hierarchy i.e. Reduce, Reuse, Recover, Dispose, 9. does not give rise to hazards, pollutants, flooding or nuisances in the surrounding area, 10. does not compromise public health or safety, 11. provides new, or helps support existing, local employment, 12. helps support existing community services and facilities.

POLICY G1 – QUALITY STANDARDS FOR NEW DEVELOPMENT All new development will be expected to be of high quality in accordance with sustainability principles, designed to fit with Scottish Borders townscapes and to integrate with its landscape surroundings. The standards which will apply to all development are that: 1. It is compatible with, and respects the character of the surrounding area, neighbouring uses, and neighbouring built form, 2. it can be satisfactorily accommodated within the site, 3. it retains physical or natural features or habitats which are important to the amenity or biodiversity of the area or makes provision for adequate mitigation or replacements, 4. it creates developments with a sense of place, designed in sympathy with Scottish Borders architectural styles; this need not exclude appropriate contemporary and/or innovative design, 5. in terms of layout, orientation, construction and energy supply, the developer has demonstrated that appropriate measures have been taken to maximise the efficient use of energy and resources, including the use of renewable energy and resources and the incorporation of sustainable construction techniques in accordance with supplementary planning guidance referred to in Appendix D, 6. it incorporates appropriate hard and soft landscape works, including structural or screen planting where necessary, to help integration with its surroundings and the wider environment and to meet open space requirements. In some cases agreements will be required to ensure that landscape works are undertaken at an early stage of development and that appropriate arrangements are put in place for long term landscape/open space maintenance, 7. it provides open space that wherever possible, links to existing open spaces and that is in accordance with current Council standards pending preparation of an up-to-date open space strategy and local standards. In some cases a developer contribution to wider neighbourhood or settlement provision may be appropriate, supported by appropriate arrangements for maintenance, 8. it provides appropriate boundary treatments to ensure attractive edges to the development that will help integration with its surroundings, 9. it provides for linkages with adjoining built up areas including public transport connections and provision for bus lay-bys, and new paths and cycleways, linking where possible to the existing path network; Green Travel Plans will be encouraged to support more sustainable travel patterns; 10. it provides for Sustainable Urban Drainage Systems where appropriate and their after-care and maintenance, 11. it provides for recycling, re-using and composting waste where appropriate, 12. it is of a scale, massing, height and density appropriate to its surroundings and, where an extension or alteration, appropriate to the existing building, 13. it is finished externally in materials, the colours and textures of which complement the highest quality of architecture in the locality and, where an extension or alteration, the existing building, 14. it incorporates, where required, access for those with mobility difficulties, 15. it incorporates, where appropriate, adequate safety and security measures, in accordance with current guidance on “designing out crime”. Developers may be required to provide design statements, design briefs or landscape plans as appropriate.

POLICY BE2 - ARCHAEOLOGICAL SITES and ANCIENT MONUMENTS Where development proposals impact on a Scheduled Ancient Monument, other nationally important site not yet scheduled, or site of regional or local significance developers may be required to carry out detailed investigations to ensure compliance with Structure Plan policies N14, N15 and N16.

POLICY NE1 – INTERNATIONAL NATURE CONSERVATION SITES Sites of international importance for nature conservation will be afforded the highest level of protection from development. Development proposals that impact on an internationally important wildlife site must comply with Structure Plan Policy N2.

POLICY NE2 – NATIONAL NATURE CONSERVATION SITES Where development proposals impact on a national nature conservation site, developers will be required to submit sufficient information about the impact of the development on the features of interest of the site to ensure compliance with Structure Plan Policy N3. Information should include the consideration of alternative sites for the development and opportunities for mitigation of potential damage.

POLICY NE3 - LOCAL BIODIVERSITY 1. The Council will seek to safeguard the integrity of wider countryside habitats which are a major importance for wild flora and fauna. Development that would have an adverse effect on habitats or species identified as a priority in the Local Biodiversity Action Plan (LBAP), or on other valuable habitats, will be assessed against the following criteria: i) the public benefits of the development at a local level clearly outweigh the value of the habitat for biodiversity conservation, and ii) the development will be sited and designed to minimise adverse impacts on the biodiversity of the site, including its environmental quality, ecological status and viability, and iii) the development will not result in further fragmentation or isolation of habitats. 2. Where the reasons in favour of development clearly outweigh the desirability of retaining particular habitat features, mitigation measures, including habitat creation and enhancement of retained habitats will be sought on land within the developer’s control. This will be secured through appropriate conditions attached a planning consent and /or the use of Section 75 or other agreements as appropriate. Where such habitats are to be unavoidably lost, compensation measures on land within the developer’s control will be required to offset the loss, in order to ensure no net loss of LBAP habitats. 3. Where there is evidence to suggest that a habitat or species of importance exists on the site, the developer may be required, at his own expense, to undertake a survey of the site’s natural environment. 4. Wherever possible, developers should incorporate existing habitats and identify suitable opportunities for creating and restoring habitats, wildlife corridors and enhancement schemes, using best practice.

POLICY NE5 – DEVELOPMENT AFFECTING THE WATER ENVIRONMENT The Council aims to protect the quality of the water resource and requires developers to consider how their proposals might generate potentially adverse impacts and to build in measures that will minimise any such impacts and enhance and restore the water environment. Development affecting a water body, water catchment area, river corridor or other waterside areas, that is judged to have an unacceptable impact on nature conservation, biodiversity, landscape, fisheries, recreation, riverworks or public access, will be refused. Decision-making will be guided by an assessment of: (i) pollution of surface or underground water, including water supply catchment areas, as a result of the nature of any surface or waste water discharge or leachate, (ii) pollution resulting from the disturbance of contaminated land, (iii) flooding risk or the exacerbation of existing flooding problems, within the site or the wider river catchment, (iv) compliance with current best practice on Sustainable Urban Drainage (SUDS)

POLICY EP2 – AREAS OF GREAT LANDSCAPE VALUE Where development proposals impact on an Area of Great Landscape Value, developers will be required to carry out detailed investigations to ensure compliance with Structure Plan policy N11.

POLICY D4 – RENEWABLE ENERGY DEVELOPMENT The Council will support proposals for both large scale and community scale renewable energy development including commercial wind farms, single or limited scale wind turbines, biomass, hydropower, biofuel technology and solar power where they can be accommodated without unacceptable impacts on the environment. The siting and design of all renewable energy developments should take account of the social, economic and environmental context.

Renewable energy developments will be approved provided that, 1. there are no unacceptable adverse impacts on the natural heritage including the water environment, landscape, biodiversity, built environment and archaeological heritage, or that any adverse impacts can be satisfactorily mitigated; 2. there are no unacceptable adverse impacts on recreation and tourism, including access routes, or that any adverse impacts can be satisfactorily mitigated. If there are judged to be significant adverse impacts that cannot be mitigated, the development will only be approved if the Council is satisfied that the contribution to wider economic and environmental benefits outweighs the potential damage to the environment or to tourism and recreation.

Commercial Wind Farms 1. Commercial wind farm development will normally be more acceptable in locations within “preferred areas” outwith environmental designations as set out in Structure Plan Policy I 19. As noted in the justification of the local plan policy on Areas of Great Landscape Value (page 60), the Council proposes to carry out a review of the whole Council area with a view to adding additional areas which merit safeguarding under Policy EP2. The results of that review will also be taken into account in assessing the suitability of locations for commercial wind farms 2. Locations within large scale landscape settings defined as Upland type in the Landscape Classification hierarchy (contained within the Borders Landscape Assessment) will normally be more acceptable than other landscape character types subject to detailed assessment of the fragility of the area to change. 3. Locations where there is surrounding landform that minimises the external visibility of the development, where there is no interference with prominent skylines or where there is no conflict with sensitive habitats will be looked on more favourably than other locations. 4. In assessing the landscape impacts of windfarm developments, particular attention will be given to the effects on high sensitivity receptors including major tourist routes and important landscape viewpoints. 5. In addition to the general provisions for assessment as set out in paragraph 2 of this Policy, proposals for commercial wind farms will be assessed against the following criteria and will be approved where the overall impact is judged acceptable: (i) Impact on landscape character and areas exhibiting remote qualities as guided by expert advice and relevant research including the Scottish Borders Landscape Assessment 1995; (ii) Views of the turbines and associated transmission lines, tracks, plant and buildings from “sensitive receptors” that include residential properties, important landscape features, prominent landmarks, major tourist routes and popular public viewpoints, including those outwith the Scottish Borders boundary; (iii) Visual impact assessment will include cumulative impact, shadow flicker and the potential for driver distraction, and take account of the distance of the facility from receptors and screening. Decision making will be guided by expert advice and relevant research. (iv) Generation of noise; (v) Traffic generation, including access during construction; (vi) Ecology and ornithology, particularly statutorily protected species and habitats, species and habitats of conservation concern or species vulnerable to wind farms by virtue of their behaviour. Assessment of cumulative impacts on regional populations of birds will be required as appropriate. (vii) Interference with radio telecommunications and aviation; (viii) Provisions for decommissioning, land restoration, after care and after use; (ix) Cumulative impact of wind farm development, including developments in adjoining local authority areas. Unacceptable cumulative impact may restrict development potential in otherwise appropriate areas. In assessing potential cumulative impact, account will be taken of the effect of perceived visual impact.

6. Reference should be made to NPPG6 Renewable Energy Developments (reviewed 2000) and PAN 45 Renewable Energy Technologies (revised 2002) in respect of assessing visual and other impacts of wind farm proposals, giving consideration to the size and the number of proposed turbines, the position and number of receptors affected and the distance of the receptors from the turbines.

Developers must demonstrate that they have considered options for minimising the operational impact of the development including: 1. Positioning of the wind farm in relation to landscape character, surrounding landform, wind farms and power lines; 2. Positioning of the wind farm in relation to the biodiversity interest of the site and surrounding area 3. Siting and design of tracks and ancillary development; 4. Turbine positioning and separation from residential properties and radio telecommunications; 5. Turbine specification and technical controls, including consideration of predicted noise levels at specific properties closest to the wind farm at wind speeds corresponding to cut-in, full rated power and maximum operational wind speed, along with background noise levels and wind speeds; 6. Colours and finishes; 7. Routeing and timing of construction traffic; 8. Road access and improvements, taking account of constraints posed by wetland and upland habitats.

Other Renewable Energy Development Small scale or domestic renewable energy developments including community schemes, single turbines and micro-scale photovoltaic/solar panels will be encouraged where they can be satisfactorily accommodated into their surroundings in accordance with the protection of residential amenity and the historic and natural environment.

Renewable technologies that require a countryside location such as the development of biofuels, short rotation coppice, “biomass” or small scale hydro-power will be assessed against the relevant environmental protection policies.

Waste to energy schemes involving human, farm and domestic waste will be assessed against Policy Inf 7 Waste Management Facilities.

POLICY Inf2 – PROTECTION OF ACCESS ROUTES 1. When determining planning applications and preparing development briefs and in accordance with the Scottish Borders Access Strategy, the Council will seek to uphold access rights by protecting existing access routes including: statutorily designated long distance routes; Rights of Way; walking paths; cycle ways; equestrian routes; waterways; identified Safe Routes to School and in due course, Core Paths.

2. Where development would have a significant adverse effect on the continued access to or enjoyment of an access route or asserted Right of Way, alternative access provision will be sought at the developer’s cost either by diverting the route or incorporating it into the proposed development in a way that is no less attractive and is safe and convenient for public use. Unless such appropriate provision can be made, the development will be refused. OTHER PLANNING CONSIDERATIONS:

Scottish Borders Council Supplementary Planning Guidance

x A Planning Framework for Wind Energy Developments: Policy Guidelines 1995. x The Borders Landscape Assessment 1998. x Visibility Mapping for Windfarm Developments – The Scottish Borders 2003. x Supplementary Planning Guidance for Biodiversity (approved December 2005)

National Planning Policy and Advice

x National Planning Policy Guideline 5: Archaeology and Planning 1994. x National Planning Policy Guideline 14: Natural Heritage 1998. x National Planning Policy Guideline 18: Planning and the Historic Environment 1999. x Scottish Planning Policy 1: The Planning System 2002. x Scottish Planning Policy 2: Economic Development 2002. x Scottish Planning Policy 6: Renewable Energy 2007. x Scottish Planning Policy 7: Planning and Flooding 2004. x Scottish Planning Policy 15: Planning for Rural Development 2005.

x Planning Advice Note 42: Archaeology – the Planning Process and Scheduled Ancient Monuments 1994. x Planning Advice Note 45: Renewable Energy Technologies 2002. x Planning Advice Note 51: Planning, Environmental Protection and Regulation 2006. x Planning Advice Note 56: Planning and Noise 1999. x Planning Advice Note 58: Environmental Assessment 1999. x Planning Advice Note 60: Planning for Natural Heritage 2000. x Planning Advice Note 73: Rural Diversification 2005.

. REVISED DRAFT CONDITIONS SCHEDULE 28.1.10

Aikengall II Section 36 Planning Application

APPENDIX B – Suggested Planning Conditions

Commencement and Conformity:

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 The development hereby permitted shall not be carried out otherwise than in complete accordance with the plans, specifications, requirements and obligations as set out in the Environmental Statement submitted as part of the application. Any variation thereto must be agreed in writing by the Planning Authority.

Reason: To ensure that the development is carried out in accordance with the approved details.

Safety:

3 All turbines and components installed shall meet the safety standards set by British Standard BS EN 61400-1: 2004 “Wind turbine generator systems. Safety requirements’ or International Electro-technical Commission IEC 16400.

Reason: In the interests of public safety.

Financial Bond:

4 At least 1 month prior to the Commencement of the Development, the Company shall provide to the Planning Authority written details of the bond or other financial provision which it proposes to put in place to cover all site restoration costs at the end of the period of this consent. Said bond/provision shall be sufficient to meet the full estimated costs of decommissioning, dismantling, removal, disposal, site restoration, remediation and incidental work as well as associated professional costs. No work shall commence on site until written confirmation has been given by the Planning Authority to the Company to the effect that the proposed bond or other financial arrangement is satisfactory and the Company has confirmed to the Planning Authority that it has been put in place. Reason: To ensure financial security for the cost of the reinstatement to the satisfaction of the Planning Authority, in the interests of public amenity, safety and for the protection of the local environment.

Decommissioning:

5 This permission shall be for a period of 25 years from the date of final commissioning. No later than 18 months prior to the end of the period of this planning permission, or by such later date as may be agreed by the Planning Authority, unless a further planning application is submitted and approved, the applicants shall submit a method statement for the decommissioning of the windfarm and the restoration of the application site for the approval of the Planning Authority. Decommissioning in accordance with the approved method statement shall be completed within 6 months of the end of the period of this planning permission or any alternative timescale agreed with the Planning Authority in writing and shall include the dismantling and removal from the site of all turbines, buildings and ancillary development.

Reason: To ensure an indicative scheme is submitted by the developer and approved by the Planning Authority for the decommissioning of the wind farm at the end of its 25 year proposed lifespan, and in the case of road reinstatement to meet the terms of the Land Reform Scotland Act 2003 as concerns asserting public access rights.

6 Within 24 months following the end of the period of the consent, all wind turbines, ancillary equipment and buildings shall be dismantled and removed from the site, and the land shall be restored and subject to aftercare, in accordance with the restoration and aftercare scheme. For the purposes of this condition 'restored' means the removal of all wind turbines, initial layer of turbine foundations, and all buildings and ancillary development. Notwithstanding this requirement, no later than one year prior to commencement of the restoration and aftercare scheme, the Planning Authority, following consultation with SNH, shall review the retention of other hardstandings, cables/ducts and access tracks within the context of the restoration strategy, landscape strategy and access strategy to identify any elements to be retained on site or requiring alternative reinstatement. Reason: to ensure that a plan is in place for the restoration of the site and to provide for changes in circumstances relating to best practice towards the end of the life of the development.

Wind Speed Data:

7 Wind speed data must be maintained for a period of no less than 12 months from the date of final commissioning and subsequent output of electricity to the grid network from the wind farm, and for each 12 month period of operation of the windfarm and be made available to the Planning Authority on request.

Reason: To contribute to the safeguarding of the amenity of neighbouring properties.

Turbine Failure/Removal:

8 In the event of any wind turbine failing to produce electricity supplied to the local grid for a continuous period of 12 months, not due to it being under repair or replacement then it will be deemed to have ceased to be required, and unless otherwise agreed in writing with the Planning Authority, wind turbine foundation to a depth of 1.2m below ground level, the wind turbine and its ancillary equipment shall be dismantled and removed from the site and the site restored to a condition to be agreed by the Planning Authority. The restoration of the land to be completed within 6 months of the removal of the turbine, or any such longer period agreed by the Planning Authority.

Reason: In the interest of the amenity of the area

Ministry of Defence Notification:

9 No development shall commence on site until the applicant has provided the Ministry of Defence with the following information:

x The date of commencement of the construction; x The height above ground level of the tallest structure; x The maximum extension height of any construction equipment; and x If the site will be lit.

Reason: To ensure that the Ministry of Defence is informed of activities that may potentially affect its interests in respect of overflight of the site.

Design and Siting

10 All turbines shall be positioned as shown on Fig 1.4 of the ES or as varied by this consent. A variation of the indicated positions in respect of all access roads and turbines (except those shown on the plan as 8, 11, 12 and 15) on the said drawing by less than 50 metres shall only be permitted following the approval of the Ecological Clerk of Work. A variation in the indicated positions of over 50 metres in relation to all access roads and turbines (except those shown on the plan as 8, 11, 12 and 15), or any variation to the position of turbines 8, 11, 12 and 15 shall be submitted to and require the approval in writing of, Scottish Ministers after consultation with the planning authorities and any consultees the planning authority deem appropriate on a case by case basis. Reason: To ensure micro-siting decisions take account of environmental considerations.

11 Notwithstanding the provisions of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984, no symbols, signs, logos or other lettering (other than those required for health and safety reasons) shall be displayed on the turbines, other buildings or structures within the site without the written approval of the Planning Authority. Reason: to prevent advertisements being displayed on the turbines, buildings and structures, in order to protect the visual amenity of the area.

12 Details of the turbines, including make, model, design, size, blade rotation direction, transformer location/colour of housing, power rating, anemometer masts and associated apparatus, shall be provided to and approved by the Planning Authority prior to the commencement of the development. The Development shall be implemented in accordance with the approved details, unless further written consent is given by the Planning Authority in these respects. Reason: to protect visual amenity.

13 Prior to the commencement of development a plan for the treatment of crane hardstandings and areas of ground affected by cut or fill will be submitted to the Planning Authority for approval. Reason: to protect visual amenity

14 Access tracks shall be constructed using stone from borrow pits on site. The borrow pits shall be re-instated within 12 months of construction of the windfarm. Reason: to protect visual amenity. Noise:

15 Noise limits shall be set at the nearest noise sensitive dwelling. Noise from the combined effect of the wind turbines shall not exceed an external free- field level LA90, 10 min level of 35dB or 5dB above the agreed prevailing background noise level (whichever is the greater) at any 10m height wind speed up to 12m/s. Any tonal elements in the noise spectra shall be assessed using the Joint Nordic Method. The tone level shall not exceed 2dB above the 'Masking Threshold for Tones in Noise'.

Reason: In the interests of the amenity of occupiers/users of properties in the adjacent area.

16 Details of sound levels of the chosen turbine shall be provided to the authority prior to commencement of development. The noise assessment shall be updated as necessary to reflect the turbine specification chosen.

Reason: to protect amenity.

17 Noise monitoring of the proposed turbines shall be undertaken in strict accordance with a programme of work to be agreed with the Planning Authority during the lifespan of the wind farm. The programme shall be submitted to and approved by the Planning Authority prior to the installation of the turbines.

Reason: In the interests of the amenity of occupiers/users of properties in the adjacent area.

18 Prior to the commencement of the development hereby approved, a further dB assessment relating to the turbine shown as no. 15 on the drawings shall be submitted to and approved in writing by the Planning Authority. Said assessment shall be undertaken using the same impact model used in the original noise assessment. The assessment shall include updated findings specific to the relationship between turbine no. 15 and the noise–sensitive dwelling known as Upper Monynut (approximately 800m south-west of this turbine), and shall include mitigation measures necessary to enable this turbine to co-exist in a manner that meets guidelines endorsed by the Scottish Government. The identified mitigation measures shall be undertaken in strict accordance with the updated dB assessment as agreed in writing by the Planning Authority. Ecology:

19 No works on the site shall commence within the bird breeding season i.e. March to August unless formal written consent is obtained from the Planning Authority.

Reason: To ensure that the development does not prejudice the birds and their habitat which, during breeding season, are protected by law.

20 Prior to the development commencing a Landscape and Habitat Management and Enhancement Plan shall be submitted to and approved in writing by the planning authority. The Landscape and Habitat Management and Enhancement Plan will set out proposed long-term management of the wind farm site incorporating details such as repairs to walls, enhancement of woodland cover, repair and restoration of hedgerows and field boundary trees, protection and enhancement of habitats for protected species and other Borders Species of Conservation Concern and shall be implemented in accordance with the agreed programme. The actions and mitigation agreed by the planning authority shall be fully implemented unless otherwise agreed formally in writing by the planning authority.

Reason: In the interests of maintaining and enhancement the ecological interest of the site.

21 Prior to the commencement of any development works on the site, checking surveys for protected species (including otter, badger, breeding birds) shall be undertaken in accordance with details that shall first have been submitted to, and approved in writing by the planning authority. The results of these surveys shall be used to inform construction activities, micro-siting and any required mitigation proposals for protected species on the site to be agreed with the planning authority.

Reason: To ensure that species protected by law are given satisfactory consideration and are properly protected.

22 Prior to the commencement of the development, the applicant shall appoint an independent full-time Ecological Clerk of Works (ECoW) acceptable to the Planning Authority, in consultation with SNH and SEPA. The terms of the appointment shall be submitted for the approval of the Planning Authority, in consultation with SNH and SEPA, and shall include that the appointment shall be for the period of wind farm construction, including micro-siting and the finalisation of the windfarm layout, as well as subsequent post-construction restoration.

The ECoW shall have a duty to monitor compliance with all the ecological and hydrological aspects of the Construction Method Statement including post- construction restoration, which have been approved by the Planning Authority pursuant to any permission.

The ECoW shall have a duty to report promptly to the Applicant’s nominated Construction Project Manager any non-compliance with the hydrological or ecological aspects of the Construction Method Statement. The ECoW shall have the power to stop any construction or restoration activity on-site which in his or her view (acting reasonably) could lead to significant effects on local water quality and protected species and their habitat at the locus and shall without delay, report the stoppage – with reasons – to the applicant’s nominated Construction Project Manager and to the Planning Authority, SNH and SEPA.

Reason: To avoid/ mitigate potential impacts on the local ground water resource and other ecological assets at the site.

Construction:

23 Prior to the commencement of the development the applicant shall prepare, for the approval of the Planning Authority in consultation with SNH, Scottish Water and SEPA a Construction Method Statement, Risk Assessment and Environmental Management Statement for construction and operation of the windfarm and agree to be bound by this statement, the Construction Method Statement shall comprise:

x Detailed and scaled map to include the anticipated layout and width of temporary and permanent tracks, cable routeing, turbine bases, crane hard standing areas, site storage compound, substation, on site switch gear and equipment store and any ancillary buildings. Details of any change to the layout shall be submitted to and approved by the Planning Authority; x Details of all on-site construction, and construction of access tracks, including crane hard standing areas, drainage, mitigation, post- construction restoration, and reinstatement work, as well as the timetables for such work; x Details of the phased construction of turbines; x Details of water supply; x Details of any temporary on-site diversions of rights of way and associated signage; x Details of foul drainage measures to comply with national guidance on pollution prevention, including waste water treatment from the mess facilities for the substation, the construction compound and wheel wash facilities; x Details of surface water drainage measures to comply with national guidance on pollution prevention, including surface water run off from internal access roads; x Details of the arrangement for the on-site storage of chemicals and fuel oil; x Details of measures to reduce soil erosion; x Details of any water course engineering works and measures for the implementation of buffer zones around existing water courses and features; x Details and timescale for the restoration of the site, including the site compound and the crane hard standing areas; x Details of the method, frequency and duration of ecological monitoring, particularly of watercourses, over the construction period of the windfarm development; x The principles of the Land Management Plan. x Details of contingency planning in the event of accidental release of materials which could cause harm to the environment.

Reason: In the interests of the amenity of the area, to ensure the site is developed in accordance with best environmental practice safeguarding water courses and habitats, to avoid disturbance to ecology during the construction phase of the wind farm and that the site is satisfactorily restored.

Access:

24 The developer shall undertake a public access study, which shall be submitted to, and approved in writing prior to the commencement of the development hereby approved. The study shall include measures for enhancement of public access to/through the site. Any measures identified shall be undertaken in accordance with the agreed study, which should include timescales for implementation of the access works.

Reason: In the interests of public amenity, to mitigate against the impact the development will have on the public realm, in particular when it is viewed in the landscape context from the nationally important coast to coast public path, the Southern Upland Way.

25 All gates or access controls installed on access roads must not obstruct pedestrian, disabled, cycling and horse passage. As access rights apply throughout the operational turbine site the applicant should give due consideration to the safety of the public.

Reason: to comply with the Land Reform (Scotland) Act 2003

Archaeology:

26 Prior to the commencement of the development hereby approved, the following actions relating to the archaeological significance of the development site shall be undertaken:

x A systematic field survey (incorporating transects of dimensions, shape and orientation to be agreed by the Planning Authority) of the total development area excluding areas already studied for the ES. x An evaluation of peat deposits, depths and potentials for archaeological and paleoenvironmental survival. Additionally, an assessment of possible direct impacts, along with recommendations for avoidance or mitigating impacts. x Terms of an archaeological Watching Brief over all areas where ground breaking takes place. This should involve an archaeological monitoring of top-soil stripping to sub-soils and the identification, recording and recovery of any buried features or artefacts. x If significant archaeology is located as a result of the Watching Brief, an agreed strategy shall be devised and implemented to either preserve in situ buried features and finds, or to fully excavate, record, conserve, report and publish the discoveries. x All results will be presented to the Planning Authority as a synthetic report and approved in writing before any ground within the site is disturbed, which would incorporate an entry in ‘Discovery and Excavation in Scotland’.

Reason: The site is of archaeological significance. Roads and Traffic:

27 A detailed dilapidation condition survey (video (both directions) and detailed photographic records logged and recorded on detailed drawings) of the public roads (including verges, culverts, bridges, walls and fences) below shall be undertaken by the developer for the route from/to the A1 prior to commencement of the development:

a) C122 from it’s junction with A1 to C123 Smithy Row (approx 1520m) b) C123 Smithy Row to U202 north of Thurston Mains (approx 264m) c) U202 north of Thurston Mains to U204 Aikengall Road (approx 713m) d) U204 Aikengall Road (approx 3573m)

Damage caused to the above routes (including verges, culverts, bridges, walls and fences) during the period of construction shall be repaired by the applicant at no expense to and to the satisfaction of the Roads Authority.

Reason: to ensure any damage to public roads from the development is made good without recourse to public funds

28 A detailed and accurate swept path / vehicle track analysis of the above routes (i.e. to/from the A1 from the site) shall be undertaken to include vertical and horizontal alignments of the existing public roads. This will identify areas of the existing public roads that require remedial works and / or “off road” works for the unobstructed passage of vehicles. Any works to be carried out on the public roads and / or “off road” works shall be detailed and submitted for approval by the Planning Authority in consultation with the Roads Authority.

Reason: in the interests of road safety and to avoid accidental blockage of public roads.

29 Access to the site from the public road shall be detailed in accordance with a swept path assessment of the junction. The first 15 metres, in length, of the access shall be constructed to ELC Standards for Development Roads. In addition all vehicles must be able to access / egress the site in a forward gear.

Reason: in the interests of road safety.

30 Prior to the commencement of development a Transport Assessment/ Method Statement shall be undertaken by the applicant and agreed with the Planning Authority in consultation with the Roads Authority.

Reason: in the interests of traffic management and road safety

Informative Notes:

1 In relation to Condition 12 above, the following advice is given:

x Design of the turbines and transformer housing should be similar to those used in the existing Aikengall windfarm in terms of number of blades, speed, direction, axis and cut in/cut out, wind speeds of rotors; x All wind turbines should be finished in a non-reflective / matt pale grey; x The blades of all the turbines should rotate in the same direction; x Prior approval will require samples of colour to be submitted to and agreed in writing by the Planning Authority.

PLANNING AND BUILDING STANDARDS COMMITTEE ITEM 7 (a)

8 FEBRUARY 2010

REPORT BY HEAD OF PLANNING AND BUILDING STANDARDS

PLANNING APPEALS AND REVIEWS

1 PURPOSE

1.1 The purpose of this report is to give details of Appeals and Local Reviews which have been received and determined during the last month.

2 APPEALS RECEIVED

2.1 Planning Applications

2.1.1 Reference: 09/00420/OUT Proposal: Erection of Dwellinghouse Site: Smithy Cottage, Main St, Kirk Yetholm Appellant: Margaret Alexander

Reasons for Refusal: The proposal is contrary to Policies N18, N20 and I11 of the Scottish Borders Structure Plan 2001 – 2011 and Policies G1, G7, H2 and Inf4 of the Scottish Borders Local Plan Adopted 2008 in that:

(a) The proposal constitutes an over-development of the site that is out of keeping with the character and form of the area; (b) It has not been satisfactorily demonstrated that a dwellinghouse could be accommodated within the site without adversely affecting the character and appearance of the Conservation Area; (c) The proposal would harm the residential amenities of occupants of the neighbouring property; (d) No on site parking has been provided and that this, combined with the loss of the garage space for the existing property, would be to the detriment of road safety.

Grounds of Appeal: There was a house on the site, the proposal would not adversely affect the character of the Conservation Area, the proposal would affect the residential amenities of the neighbouring property but no more than any other corner site development and there is space for off-street parking.

Method of Appeal: Written Representations

2.1.2 Reference: 09/00336/OUT Proposal: Erection of Single Dwellinghouse for Kennels Manager Site: Fingerpost, Hyndsidehill, Westruther Appellant: Ms S Royal

Reasons for Refusal: The proposal is contrary to Policies H5 and H6 of the Scottish Borders Structure Plan 2001-2011, Policy D2 of the Scottish Borders Local Plan 2008 and the Housing in the Borders Countryside Policy and Guidance Note in that the site lies outwith any building group and the need for a dwellinghouse at this location has not been adequately substantiated.

The proposal is contrary to Policies G1 and NE4 of the Scottish Borders Local Plan 2008 in that it would result in the loss of, or serious damage to, a woodland resource without a demonstrable benefit outweighing the loss of landscape value, ecological value and shelter associated with that woodland resource.

The proposed development conflicts with the provisions of the Council’s Supplementary Planning Guidance on New Housing in the Borders Countryside, in that the formation of a new access onto the public road network at this point would be to the detriment of road safety and that the works required to facilitate the visibility splays at the access point would result in the loss of trees and hedgerow harmful to the visual amenities of the locality.

Grounds of Appeal: The proposed tied dwellinghouse is essential to the continuing operation of an established business appropriate to a rural location; it would not give rise to the loss of a significant woodland resource; and it would not raise any road safety concerns since it would not require the creation of a new access but could be accessed from the existing access serving the established business.

Method of Appeal: Written Representations

2.2 Enforcements:

Nil

3 APPEAL DECISIONS RECEIVED

3.1 Planning Applications

Nil

3.2 Enforcements

Nil

4 APPEALS OUTSTANDING

4.1 In addition to that listed in section 2 of this report, there remained 6 appeals previously reported on which decisions were still awaited when this report was prepared on 3 December. These relate to sites at:

x Bowden Stand Dam x Whitehall House Estate, Chirnside x Knowepark Gardens, Galashiels x Huddersfield Street, Galashiels x Smiddy Cottage Paxton x Gordon Arms Hotel, Yarrow x High Street, Innerleithen x Birkenside, Earlston x Fellowhills, Horndean

5 REVIEW REQUESTS RECEIVED

5.1 Reference: 09/00415/FUL Proposal: Replacement Windows Site: 21D Old Town Peebles Appellant: Stuart Blades Reasons for Refusal: The proposed replacement windows on the front (north) facing elevation would be contrary to Policy BE4 of the Local Plan 2008 and Policy N18 of the Structure Plan 2001-2011 in that they would have a significant adverse effect on the character and appearance of the Conservation Area. The installation of upvc sliding sash and case units would be contrary to the advice contained within the Council's Supplementary Planning Guidance on Replacement Windows 2008 and would lead to an unacceptable precedent in an area considered to be prime frontage.

5.2 Reference: 09/00710/OUT Proposal: Erection of three dwellinghouses. Site: Land NW of Hamilton Hall Cottage, West Linton. Appellant: Glenrath Farms Ltd

Reasons for Refusal: The proposed erection of three dwellings would be contrary to Policy D2 of the Local Plan 2008 and Policy H5 of the Structure Plan 2001-2011 in that the site does not form part of an established building group. The erection of these dwellings would result in development outwith the identifiable limits of the group, to the detriment of the sense of place which is contributed to by man made boundaries and the existing plantation.

The proposed development would be contrary to Policy NE4 of the Local Plan 2008 in that it would result in an unacceptable loss of a woodland resource which has both landscape and historical value. The public amenity benefits of the erection of these dwellings would not outweigh the loss of the landscape, historical and shelter value of the existing plantation.

6 REVIEWS DETERMINED

6.1 Reference: 09/00079/REM Proposal: Erection of dwellinghouse with integrated double garage. Site: Arnotknowe, East Morriston, Earlston Appellant: Mr & Mrs Allan

Reasons for Refusal: The proposed development would be contrary to Policy N20 of the approved Structure Plan, Policy H7 of the approved Structure Plan Alteration, Policies D2 and G1 of the adopted Local Plan and New Housing in the Borders Countryside Guidance Note, in that its scale and layout would not relate sympathetically to the existing building group.

Method of Review: Review of papers and site visit.

Review Decision: Decision of Appointed Officer overturned and permission granted subject to conditions.

5.3 Reference: 09/00661/OUT Proposal: Residential development Site: Newhouses Farm House, Hawick Appellant: WL Douglas

Reasons for Refusal: The proposal is contrary to Policies G1, H2 and D2 of the Scottish Borders Local Plan and the guidance contained within the “New Housing in the Borders Countryside” SPG, in that the proposal would result in a form and location of development out of character with the linear and single depth, direct road frontage nature of existing houses in Appletreehall and would result in overdevelopment of the site to the detriment of the amenity of adjoining residential properties.

Method of Review: Review of papers. Review Decision: Decision of Appointed Officer upheld.

7 REVIEWS OUTSTANDING

7.1 In addition to those listed in section 5 of this report, there remained no reviews previously reported on which decisions were still awaited when this report was prepared on 24 December.

Approved by Name Designation Signature Brian Frater Head of Planning and Building Standards

This report has been signed by the Head of Planning and Building Standards and the signed copy is retained by the Council.

Author(s) Name Designation Brian Frater Head of Planning and Building Standards

Background Papers: None. . Previous Minute Reference: None.

Note – You can get this document on tape, in Braille, large print and various computer formats by contacting the address below. Alison Clifton can also give information on other language translations as well as providing additional copies.

Contact us at Planning and Economic Development, Scottish Borders Council, Council Headquarters, Newtown St Boswells TD6 0SA Tel. No. 01835 825407 Fax No. 01835 825158 Email : [email protected] PLANNING AND BUILDING STANDARDS COMMITTEE ITEM 7(b)

8 FEBRUARY 2010

REPORT BY HEAD OF PLANNING AND BUILDING STANDARDS

PLANNING APPEALS AND REVIEWS

1 PURPOSE

1.1 The purpose of this report is to give details of Appeals and Local Reviews which have been received and determined during the last month.

2 APPEALS RECEIVED

2.1 Planning Applications

2.1.1 Reference: 09/00104/FUL Proposal: Erection of Two Dwellinghouses Site: Site West of Smiddy’s Cottage, Paxton Appellant: John Home Robertson

Reasons for Refusal: Appeal against imposition of condition (point iv) which states:

“prior to the commencement of development, the new hedge and tree planting outwith and adjacent to the western and southern boundaries of the application site shall be undertaken and completed in accordance with soft landscaping works which shall first have been submitted to and approved in writing by the Local Planning Authority, and shall include: i. indication of existing trees and hedges to be removed, those to be retained and, in the case of damage, proposals for their restoration ii. location of new trees and hedges iii. schedule of plants to comprise species, plant sizes and proposed numbers/density iv. new planting in the area highlighted in red on 'Sketch 5' attached to the planning approval to be undertaken in accordance with the Landscape Planting Schedule attached v. programme for subsequent maintenance. Reason: To enable the proper form and layout of the development and the effective assimilation of the development into its wider surroundings.”

Grounds of Appeal: Ground 1: The area of woodland planting sought outwith the application site is not fairly and reasonably linked to the nature and scale of the development and is in excess of that required to satisfy planning policy requirements. Ground 2: The planting schedule proposed by Scottish Borders Council contains some non native and inappropriate species which are not suited to the site or wider landscape and is therefore unreasonable.

Method of Appeal: Written Representations 2.1.2 Reference: 09/00225/OUT Proposal: Erection of managers dwellinghouse, stable blocks, horse exerciser and pool Site: Land west of Newmill House, Slitrig, Hawick Appellant: Mr A Whillans

Reasons for Refusal: The proposed development is contrary to Policy H8 of the Scottish Borders Structure Plan Alteration (2008), Policy D2 of the Adopted Scottish Borders Local Plan (2008) and the adopted Supplementary Planning Guidance on New Housing in the Borders Countryside (2008), in that the site is outwith any recognised settlement or building group and the need for the house has not been adequately substantiated, and that, accordingly, the proposed development would represent a sporadic form of development in the open countryside.

Grounds of Appeal: The need for the development was adequately demonstrated and the appeal site is sufficiently well related to the existing building group as to enable the provision of the managers dwelling as an addition to that group.

Method of Appeal: Written Representations

2.2 Enforcements:

Nil

3 APPEAL DECISIONS RECEIVED

3.1 Planning Applications

3.1.1 Reference: 09/00065/ADV Proposal: New Illuminated Signage Site: 88 High St, Innerleithen Appellant: A & A Caldwell

Reasons for Refusal: The proposal is contrary to Structure Plan Policy N18, Local Plan Policies BE4 and BE5 and Supplementary Planning Advice on Shop Fronts and Shop Signs in that scale, design and internal illumination are out of character in this traditional high street setting,have a detrimental impact on the character and appearance of the conservation area and detract from the local amenity.

Grounds of Appeal: The shop has no presence without illuminated signage particularly during the winter months. The sign is patriotic to the community and is giving an awareness of a public service of great importance not only to Innerleithen but also to passing trade. Given the location at the west end of the High Street it is not unreasonable to have an illuminated sign. There is no design trend or theme in the High Street and therefore it would be unreasonable for the sign to be removed.

Method of Appeal: Written Representations

Reporter’s Decision: Dismissed.

Summary of Decision: The Reporter, D T Alexander, concluded that the signage has a garish and incongruous appearance that is completely at odds with the building and the street scene generally. Consequently it does not preserve or enhance the character or appearance of the conservation area or the integrity and setting of the listed building opposite.

3.1.2 Reference: 08/00153/FUL Proposal: Erection of Dwellinghouse Site: Gordon Arms Hotel, Yarrow Appellant: Mr R Morrison Reasons for Refusal: The proposed development is contrary to Policy I15 of the Scottish Borders Structure Plan 2001-2011 and policy G4 of the Scottish Borders Local Plan (2008) and the provisions of SPP7 Planning and Flooding in that the application site is at high risk of flooding and may place people and buildings at risk. Development of this site would have a significant adverse impact on use of the land as part of a functional flood plain.

Grounds of Appeal: The Council previously granted consent for a house on this site and flood risk was not identified as an issue then. SEPA has given conflicting responses to the Council. The house is not located on a flood plain but land raising or underbuilding can alleviate any risk.

Method of Appeal: Written Representations

Reporter’s Decision: Dismissed.

Summary of Decision: The Reporter, Lance Guildford, concluded that the previous consent on the site pre-dated SPP7. From the evidence available there is a medium to high risk of flooding on the site and even if the building itself was raised the access to it would be at risk of flooding. He agreed with the overall conclusion of the flood risk assessment that the appeal site could not realistically be made to conform to the requirements of SPP7.

3.1.3 Reference: 08/01681/FUL Proposal: Erection of 6 holiday chalets and formation of Tennis Court Site: Whitehall House Estate, chirnside Appellant: Pryde Homes Ltd

Reasons for Appeal: Appeal against imposition of condition 16 requiring the north access drive, once completed as per the requirements of condition 8, to be kept permanently open and free at all times to enable vehicular access between development within Whitehall House Estate and the public road where it joins the north access. Reason: To ensure that the users of the development and service/emergency vehicles have permanent vehicular access in the interests of safety and amenity. .

Grounds of Appeal: The appellant requires modification/deletion of condition and is appealing on the grounds that conditions 8 and 16 are either unreasonable or should be modified to allow access arrangements to change.

Method of Appeal: Written Representations

Reporter’s Decision: Dismissed.

Summary of Decision: The Reporter, Richard Hickman, concluded that in this rural location it is important to ensure that there is not an unacceptable adverse impact on nearby houses including houses. The applicant has not demonstrated how the proposed variation in operating hours would resolve his operational problems. The appeal was dismissed subject to minor variations in the conditions allowing extended office hours at the end of the day only.

3.2 Enforcements

Nil 4 APPEALS OUTSTANDING

4.1 In addition to that listed in section 2 of this report, there remained 8 appeals previously reported on which decisions were still awaited when this report was prepared on 28 January. These relate to sites at:

x Bowden Stand Dam x Huddersfield Street, Galashiels x Knowepark Gardens, Galashiels x Birkenside, Earlston x Smiddy Cottage Paxton x Main St Kirk Yetholm x Fellowhills, Horndean x Hyndsidehill, Westruther

5 REVIEW REQUESTS RECEIVED

5.1 Reference: 09/01098/PPP Proposal: Residential Development Site: Land South West of Carnethy, Medwyn Rd, West Linton Appellant: I R Anderson

Reasons for Refusal: Review of Non determination of application within prescribed timescale.

5.2 Reference: 08/01844/OUT Proposal: Erection of dwellinghouse Site: Land at Eshiels Recreation Hall, Peebles Appellant: Glentress Recreation Club

Reasons for Refusal: The proposed erection of a dwellinghouse on this site would be contrary to Policy Inf12 of the Scottish Borders Local Plan Amendment 2008 and Policy C4 of the Scottish Borders Structure Plan 2001-2011 in that it would result in the loss of public infrastructure and a public facility. The existing recreation hall provides opportunities for social well being and inclusion in a rural area and the loss of this public facility would have a significant adverse effect on the sustainability and viability of the Eshiels Community.

5.3 Reference: 09/00961/FUL Proposal: Erection of Two dwellinghouses, stable block and associated buildings and formation of outdoor school/menage Site: Land east of Monksford Stables House, Newtown St Boswells Appellant: Mr & Mrs Paul Rooney

Reasons for Refusal: The proposal is contrary to policies H7 and H8 of the Structure Plan Alteration June 2009, Policy D2 of the Scottish Borders Local Plan Adopted 2008, Policies EP3 and D2 of the Scottish Borders Local Plan Amendment Finalised 2009 and the Supplementary Planning Guidance - New Housing in the Borders Countryside December 2008 in that:

(a) The site lies outwith any recognised settlement or building group and is within the Countryside Around Towns; (b) It has not been adequately demonstrated that there is an essential agricultural or economic requirement for two dwellinghouses in this particular location. …and the development would therefore represent an unwarranted and isolated intrusion into protected open countryside. 5.4 Reference: 09/01109/FUL Proposal: Erection of replacement conservatory Site: Whitlawhaugh, Hawick Appellant: Mr & Mrs R B Laidlaw

Reasons for Refusal: The proposed development would be contrary to policy G1 of the adopted Local Plan in that the proposed extension would be of an over dominant scale to the existing dwelling, and the proposed design would be an inappropriate addition on the principal elevation of the dwelling.

5.5 Reference: 09/01157/FUL Proposal: External redecoration (retrospective) Site: Old Bakehouse, Main St, West Linton Appellant: Fiona Ingram

Reasons for Refusal: The development is contrary to policies N18 of the Scottish Borders Structure Plan (2001-2011) and policies G1 and BE4 of the Scottish Borders Local Plan (2008), in that the painting of the external sandstone frontage is harmful to the character and appearance of the historic building and the surrounding Conservation Area.

6 REVIEWS DETERMINED

6.1 Reference: 09/00415/FUL Proposal: Replacement Windows Site: 21D Old Town Peebles Appellant: Stuart Blades

Reasons for Refusal: The proposed replacement windows on the front (north) facing elevation would be contrary to Policy BE4 of the Local Plan 2008 and Policy N18 of the Structure Plan 2001-2011 in that they would have a significant adverse effect on the character and appearance of the Conservation Area. The installation of upvc sliding sash and case units would be contrary to the advice contained within the Council's Supplementary Planning Guidance on Replacement Windows 2008 and would lead to an unacceptable precedent in an area considered to be prime frontage.

Method of Review: Review of papers.

Review Decision: Decision of Appointed Officer upheld.

6.2 Reference: 09/00710/OUT Proposal: Erection of three dwellinghouses. Site: Land NW of Hamilton Hall Cottage, West Linton. Appellant: Glenrath Farms Ltd

Method of Review: Review of papers. Review Decision: Decision of Appointed Officer upheld.

7 REVIEWS OUTSTANDING

7.1 In addition to those listed in section 5 of this report, there remained no reviews previously reported on which decisions were still awaited when this report was prepared on 28 January.

Approved by Name Designation Signature Brian Frater Head of Planning and Building Standards

This report has been signed by the Head of Planning and Building Standards and the signed copy is retained by the Council.

Author(s) Name Designation Brian Frater Head of Planning and Building Standards

Background Papers: None. . Previous Minute Reference: None.

Contact us at Planning and Economic Development, Scottish Borders Council, Council Headquarters, Newtown St Boswells TD6 0SA Tel. No. 01835 825407 Fax No. 01835 825158 Email : [email protected]