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Item No. 4(A) SCOTTISH BORDERS COUNCIL PLANNING and BUILDING STANDARDS COMMITTEE

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Item No. 4(A) SCOTTISH BORDERS COUNCIL PLANNING and BUILDING STANDARDS COMMITTEE Item No. 4(a) SCOTTISH BORDERS COUNCIL PLANNING AND BUILDING STANDARDS COMMITTEE MINUTE of SPECIAL MEETING of the PLANNING AND BUILDING STANDARDS COMMITTEE held in the Council Headquarters, Newtown St. Boswells on 14 April 2014 at 2 p.m. ------------------ Present: - Councillors J. Brown (Chairman), M. Ballantyne, J. Brown, J. Fullarton, I. Gillespie, D. Moffat, S. Mountford, B. White. Apologies:- Councillors R. Smith, S. Bell. In Attendance:- Major Applications, Review and Enforcement Manager, Managing Solicitor – Commercial Services, Democratic Services Team Leader, Democratic Services Officer (Fiona Henderson). PUBLIC SPEAKING AT MEETINGS PROTOCOL 1. Councillor Fullarton sought clarification with regard to the appropriateness of allowing speakers another opportunity to address the Planning and Building Standards Committee when the application had been continued. The Legal Adviser confirmed that all parties had been given the same opportunity to further address the Committee. DECISION NOTED. APPLICATION 2. There had been circulated copies of a report by the Head of Planning and Regulatory Services on an application for planning permission requiring consideration by the Committee. DECISION DEALT with the application as detailed in Appendix I to this Minute. MEMBER Councillor Mountford left the meeting during consideration of the above application. The meeting concluded at 2:55 p.m. 1 Item No. 4(a) APPENDIX APPLICATION FOR PLANNING PERMISSION Reference Nature of Development Location 13/01379/FUL Erection of poultry shed (amendment Whim Poultry Farm to previous consent 12/00465/FUL) Lamancha West Linton Decision: Approved subject to the modification of the existing legal agreement to allow for a new building on the site and to the following conditions and informatives: 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: To comply with Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006. 2. The development hereby permitted shall not be carried out otherwise than in complete accordance with the plans and specifications and mitigation measures specified in the submitted Environment Statement dated November 2013 and approved by the Planning Authority, unless agreed in writing by the Planning Authority. Reason: To ensure that the development is carried out in accordance with the approved details 3. No development shall take place until fencing has been erected around the dovecote, in a manner to be agreed in writing by the Planning Authority, and no works shall take place within the area inside that fencing without the prior written consent of the Planning Authority. Reason: To safeguard a site of archaeological interest. 4. Before the approved building is brought into use, the vegetation on the road side at the southern entrance to the site shall be cut back to a degree agreed by the Planning Authority and a scheme for the regular maintenance shall also be agreed and implemented thereafter. Reason: To ensure that there are satisfactory sight lines at the entrance in the interests of road safety. 5. The manure management and control measures detailed in the Environmental Statement shall be applied at all relevant times, to include sheeting of all trailers prior to leaving the site Reason: To safeguard neighbouring amenity 6. The traffic mitigation and control measures detailed in the Environmental Statement shall be applied at all relevant times. Reason: To safeguard the neighbouring amenity 7. Prior to the commencement of the development, details shall be submitted and approved by the Planning Authority of an enclosure for the manure elevator. Once approved, the enclosure shall be provided before the poultry unit becomes operational and maintained in working condition for the lifetime of the development. Reason: To safeguard the amenities the surrounding residential properties 8. Prior to commencement of the development, a woodland management plan (carried out by a qualified arboriculturalist) to assess the existing woodland that screens the development on all sides shall be submitted for the prior approval of the Planning Authority. This should include all the woodland within the site boundary and the large block of woodland to the north east of the site (within the blue line ownership boundary but outwith the red line site boundary) with an assessment of its life expectancy and which should demonstrate opportunities for enhancement planting. Any works shall thereafter be carried out in accordance with the approved scheme. Reason: To provide effective screening of the development in perpetuity 2 Item No. 4(a) 9. The trees on this site shall be protected at all times during construction and building operations, by the erection of fences around the trees, together with such other measures as are necessary to protect the trees and their roots from damage. Details of the methods it is proposed to use shall be submitted by the applicant to the Local Planning Authority and be approved by them in writing. The approved protective measures shall be undertaken before any works commence on the site and must, thereafter be observed at all times until the development is completed. Reason: To ensure that adequate precautions are taken to protect trees during building operations. 10. Noise levels emitted by any plant and machinery used on the premises should not exceed Noise Rating Curve NR20 between the hours of 2300 0700 and NR 30 at all other times when measured within the nearest noise sensitive dwelling (windows can be open for ventilation). The noise emanating from any plant and machinery used on the premises should not contain any discernible tonal component. Tonality shall be determined with reference to BS 7445-2. Reason: To safeguard the amenities the surrounding residential properties. 11. The mitigation measures identified in the Protected Species Mitigation Plan (SAC 24th August 2012) shall be implemented, preferably additionally with a tool-kit talk to contractors by a suitably qualified person. Reason: In the interests of preserving biodiversity 12. No works to be carried out during the breeding bird season (breeding season March-September) without the express written permission of the Planning Authority. If works are to commence during the breeding bird season checking surveys of areas affected by the development and mitigation proposals for birds will be required. Reason: In the interests of preserving biodiversity 13. No lorry deliveries or upliftings shall take place between the hours of 11.00pm and 6.30am on any day, unless express written permission has been sought of and granted by the Planning Authority. Reason: To safeguard the amenities the surrounding residential properties. 14. Prior to the commencement of the development, details of the precautions to be taken to ensure that the natural or artificial drainage of adjoining land is not affected shall be submitted for the approval of the Planning Authority. Reason: To avoid interference with the drainage of the adjoining land. 15. No development shall commence on site until details of a proposed air quality monitoring system have been submitted to and approved by the Planning Authority, in consultation with SEPA. The approved system shall be put in place prior to the building being brought into use. The monitoring system shall remain in place during the operation of the building, unless written permission is obtained from the Planning Authority to vary or remove the terms of this requirement. Reason: To ensure that the air quality of the area is not affected by the development. 16. Prior to the commencement of the development, details shall be submitted to and approved by the planning authority of a sound wall or baffle to the north east elevation of the poultry unit. Once approved, the sound wall or baffle shall be provided before the poultry unit becomes operational. Reason: To protect the amenity of adjoining residents. 17. No development shall commence on site until information is provided to the Planning Authority concerning the most suitable location for the manure elevator for the new shed. Once a position for the structure and a scheme for its implementation have been agreed, the manure elevator shall be erected in accordance with the approved scheme. Reason: To safeguard the amenities the surrounding residential properties. Informative Coal Authority The proposed development lies within an area that has been defined by The Coal Authority as containing potential hazards arising from former coal mining activity. These hazards can include: mine entries (shafts and 3 Item No. 4(a) adits); shallow coal workings; geological features (fissures and break lines); mine gas and previous surface mining sites. Although such hazards are seldom readily visible, they can often be present and problems can occur in the future, particularly as a result of development taking place. It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures required (for example the need for gas protection measures within the foundations), be submitted alongside any subsequent application for Building Standards approval (if relevant). Your attention is drawn to the Coal Authority policy in relation to new development and mine entries available at www.coal.decc.gov.uk Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries
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