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Scottish Borders Council Development and Building Control Committee

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Item No. 4 SCOTTISH BORDERS COUNCIL DEVELOPMENT AND BUILDING CONTROL COMMITTEE MINUTE of MEETING of the DEVELOPMENT AND BUILDING CONTROL COMMITTEE held in the Council Headquarters, Newtown St. Boswells on 12 November 2007 at 10 a.m. ------------------ Present: - Councillors J. Houston, (Chairman), C. J. Bhatia, J. Brown, N. Calvert, J. A. Fullarton, J. Hume, T. Jones, D. Moffat, C. Riddell-Carre, R. Smith. Apologies:- Councillor G. Logan, N. Watson, T. Weatherston. Also Present:- Councillor D. Raw. In Attendance: - Senior Development Control Manager (West), Development Control Manager (East), Assistant Road User Manager, Senior Solicitor (Mrs. N. Mckinley), Committee Officer (H. Reid) ---------------------------------------- MINUTE 1. There had been circulated copies of the Minute of the Meeting of 15 October 2007. DECISION APPROVED for signature by the Chairman. APPLICATIONS 2. 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, together with copies of representations which had been received. DECISION DEALT with the applications as detailed in Appendix I to this Minute. 3 There had been circulated copies of a list containing 9 applications for Planning Permission, which had been granted under the powers delegated to the Head of Planning and Building Standards in consultation with the Chairman and Local Member. DECISION NOTED the list, a copy of which forms Appendix II to this Minute in the Minute Book. 4. There had been circulated copies of a list containing 142 applications for Planning Permission, which had been granted under the powers delegated to the Head of Planning and Building Standards. DECISION NOTED the list, a copy of which forms Appendix III to this Minute in the Minute Book. APPLICATION GRANTED UNDER DELEGATED POWERS 5. With regard to the previous two items discussion took place regarding the need for paper copies to be issued, which were for noting only, with the Development and Building Control Committee. DECISION AGREED:- 0 (a) that the Senior Development Control Manager prepare a report, for the meeting to be held on the 10 December 2007 on proposals for advising Members electronically on applications granted under delegated powers; and (b) that for that meetings no paper copies be issued with the agenda. APPEALS 6. There had been circulated copies of a report by the Head of Planning and Building Standards on Appeals to the Scottish Ministers. DECISION NOTED:- (a) that appeals had been received in respect of erection of 32 flats, Land opposite Gun Knowe Loch, Tweedbank; (b) that the Scottish Ministers had dismissed appeals in respect of erection of Conservatory, Edrom Mains Farmhouse, Duns. DRAFT SUPPLEMENTARY PLANNING GUIDANCE NOTES FOR LANDSCAPE AND TREES BRIEF 7. There had been circulated a report by the Director of Planning and Economic Development seeking approval to undertake consultation on the on the Consultative Draft Supplementary Planning Guidance to be undertaken between 12 November 2007 and 12 February 2008 for ‘Landscape and Development’ and ‘Trees and Development’. The Draft Planning Guidance’s together with the proposed list of Consultees were annexed to the report. Councillor Jones requested that consideration be deferred until the next the next meeting to enable further time to consider the proposals. Members discussed the proposals, the timescale involved should the matter be deferred and made amendments to the proposals prior to consultation being carried out. DECISION AGREED to approve the Consultative Draft Supplementary Planning Guidance for ‘Landscape and Development’ and ‘Trees and Development’ as detailed in Appendix IV to this Minute. (Note pictures not shown) The meeting concluded at 11.20 a.m. 1 SCOTTISH BORDERS COUNCIL DEVELOPMENT AND BUILDING CONTROL COMMITTEE 12 NOVEMBER 2007 APPENDIX I APPLICATIONS FOR PLANNING PERMISSION Reference Name and Address Nature of Development Location 05/00425/FUL PM Renewables Limited Construction of wind farm Land At Drone Hill 4 Limefield House comprising twenty-two Near Coldingham Polbeth wind turbines together with Scottish Borders West Lothian associated plant, EH14 6AQ equipment and access tracks Decision : Refused for the following reasons 1. The proposed development is contrary to Policies I19, I20 and N9 of the Scottish Borders Structure Plan 2001-2011, Policy 83 of the Berwickshire Local Plan 1994 and Policy D4 of the Scottish Borders Local Plan: Finalised December 2005 in that: x The proposal will have a significant adverse impact on the landscape character of Coldingham Moor. x The proposal is sited in a Coastal Moorland Landscape Type classification as defined in the Borders Landscape Assessment 1995. x This is not a landscape type where wind farm development is supported by Scottish Borders Council. x The turbines will be highly visible and will have Dominant and Major impacts in the immediate locality. x The landscape scale of the site is unable to fully mitigate the vertical impact of the turbines in a location where there are many domestic scale references. x The turbines will have a significant and harmful visual impact on high sensitivity receptors, including residential property, the coastal tourist route, and footpaths. 2. The proposed development is contrary to Policies N11 and N12 of the Scottish Borders Structure Plan 2001-2011 in that: x The development does not require a coastal location. x The purported benefits do not outweigh the impact on landscape character of the location. x The Borders coastline is of exceptional quality in terms of its natural heritage interest, its rugged and exposed character and is highly sensitive to development of this scale. x Notes (a) Declaration of Interest Councillor Fullarton declared a non pecuniary interest in the above application in terms of Section 5 of the Councillors Code of Conduct and left the Chamber during consideration of the application. (b) With reference to paragraph I of the Appendix to the Minute of 2 July 2007, Councillor Bhatia enquired if clarification had been received from the Scottish Government regarding the percentage share of windfarms proposed to be located within the Scottish Borders Boundaries and the proposed benefits derived from these windfarms that would be attributable for this area. The Senior Development Control Manager undertook to circulate copies of the reply, if received, to Members. 1 07/00830/FUL Peter Scott & Co Ltd Partial change of use Peter Scott & Co Per Aitken Turnbull from factory building to 7-11 Buccleuch Street 22 Buccleuch Street 12 residential units Hawick Hawick Scottish Borders Scottish Borders TD9 0HJ TD9 0HW Decision : Approved subject to the following conditions, applicant informative and the conclusion of a Legal Agreement 1. All windows along the south-western elevation of the building facing the Buccleuch Terrace properties to be blocked up before occupation of the first flat forming part of the development hereby approved. Reason: To safeguard the privacy and amenity of the adjoining residents. 2. Further details to be submitted for the approval of the Planning Authority before the development commences in relation to the following : x The style, opening method, colour and appearance of all new and replacement windows, including the oriel arrangements on the south-eastern elevation. x External wall and roof treatment. x The external treatment of all window apertures proposed to be blocked up. x The external walls of the buildings revealed after removal of the existing building for access purposes, including the openings proposed to the basement car park. Reason: To safeguard the visual amenity of the Conservation Area and adjoining residents. 3. The windows serving Bedroom 2 within Flat No. 10 to be designed with oriel and obscure glazing to the specification of the Planning Authority, and shall thereafter be completed and permanently retained in accordance with the specification so approved. Reason: To safeguard the privacy and amenity of the adjoining residents. 4. The access to the site and car parking spaces to be completed to the specification of the Planning Authority in accordance with the approved plans before the first flat is occupied. Reason: In the interests of road safety. Informative Note to Applicant: The applicant is reminded that this permission does not convey approval for works affecting third party rights which may exist on the land or any adjoining. The applicant is therefore advised to seek the agreement of any parties having an interest in any land affected by this permission, particularly in relation to works to the exterior of the building. 3 SCOTTISH BORDERS COUNCIL DEVELOPMENT AND BUILDING CONTROL COMMITTEE 12 NOVEMBER 2007 APPENDIX IV Scottish Borders Local Plan Draft Supplementary Planning Guidance on Landscape and Development July 2007 1 General Considerations Careful and early consideration of design issues, and the provision of adequate landscape information, as described in this leaflet, can help to avoid costly delays at a later stage. In assessing the landscape implications of planning applications the site context, proposed layout, future uses and maintenance all need to be taken into account. There is a diverse landscape character and settlement pattern within the Scottish Borders, with rural landscapes of particularly high quality including National Scenic Areas (NSA) and Areas of Great Landscape Value (AGLV) designated in the Councils Structure Plan and adopted Local Plan. In these areas it is especially important for any development to fit in with its surroundings. This does not rule out innovative design but does require that the existing features of the site or local area are given due recognition, e.g. the choice of the use of stone walls, hedges or fences on external boundaries will be influenced by what is found locally. Planning officers can advise applicants on appropriate and acceptable solutions for any rural or urban situation before an application is submitted. Outline application Landscape issues must be regarded as an integral part of the development process, with consideration given to the form and use of all spaces from the earliest stage.
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