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

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Item No. 4 SCOTTISH BORDERS COUNCIL PLANNING AND BUILDING STANDARDS COMMITTEE MINUTE of MEETING of the PLANNING AND BUILDING STANDARDS COMMITTEE held in the Council Headquarters, Newtown St. Boswells on 1 July 2013 at 10 a.m. ------------------ Present: - Councillors R. Smith (Chairman), M. Ballantyne, S. Bell, J. Brown, J. Campbell, A. Cranston, J. Fullarton, I. Gillespie, D. Moffat, S. Mountford, B. White. Apologies:- Councillors N. Buckingham, V. Davidson. In Attendance:- Head of Planning & Regulatory Services, Development Manager (Applications), Senior Roads Planning Officers, Managing Solicitor – Commercial Services, Democratic Services Team Leader. MINUTE 1. There had been circulated copies of the Minute of the Meeting of 3 June 2013. DECISION APPROVED for signature by the Chairman. PLANNING PERFORMANCE UPDATE 2. The Head of Planning and Regulatory Services provided Members with information on the historical measures, trends and performance which were measured in terms of the speed of determining applications, the percentage of population covered by an up-to-date Development Plan and the appeal success rates. These measures had been replaced by the new Planning Performance Framework (PPF). This PPF included a number of new measures covering matters such as communications, engagement and customer service, efficient and effective decision making and a culture of continuous improvement. Feedback on the 1st PPF had now been received from Government and this had mainly been very positive with areas for improvement including a need to also focus on average timescales and tackle some of the longer-running applications, including those subject to legal agreements, which were having a detrimental effect on the department’s statistics. Further changes in performance measures were expected with a central high level working group currently looking at this matter with a view to driving improved performance, promoting the plan-led system, simplifying and streamlining the process and delivering development. The Government had consulted on the increasing of fees to more realistic levels but it was expected that these would not be implemented until local authorities were demonstrating improved performance. In response to a question Members were advised that officers were already working on ways to speed up the legal agreement process and Members asked that a report on how this could be achieved be brought forward for consideration in the autumn. DECISION (a) NOTED the presentation. (b) AGREED that a report on improvements to the legal agreement process be brought forward for consideration by the Committee in Autumn 2013. APPLICATIONS 3. There had been circulated copies of reports by the Head of Planning and Regulatory Services on applications for planning permission requiring consideration by the Committee. DECISION DEALT with the applications as detailed in the Appendix to this Minute. 1 Item No. 4 APPEALS AND REVIEWS 4. There had been circulated copies of a report by the Head of Planning and Regulatory Services on Appeals to the Scottish Ministers and Local Reviews. DECISION NOTED that:- (a) the Scottish Ministers had sustained appeals in respect of the following; (i) Change of use of agricultural land to incorporate the siting of 6 yurt tents, shop and associated parking on Land North East of Newburgh Farm Steading, Ettrick Valley; and (ii) Erection of a camera which looks onto the complainer’s property but is for the purpose of recording another neighbours stable block at Eastfield Buxton, Buxton Road, Selkirk (b) Appeals had been received in respect of the following; (i) Erection of wind energy development comprising of eight turbines 125m high to tip and associated infrastructure including: hardstandings, control building, compound and transformers, borrow pit, access tracks and temporary construction compounds on Land South West of Whitelade (Barrel law), Selkirk; and (ii) Modification of planning obligation pursuant to planning permission reference 02/00963/OUT at Creag an Airidh Venlaw Farm, Edinburgh Road, Peebles. (c) review requests had been received in respect of the following:- (i) Erection of Farmhouse on Land North West of Lynedale, West Linton – 12/00943/FUL; (ii) Erection of Dwellinghouse on Land South West of Creag an Airidh, Venlaw, Edinburgh Road, Peebles – 12/01546/PPP; (iii) Erection of Dwellinghouse on Ladn North West of Paddockmyre, Coldingham; (iv) Erection of dwellinghouse on Land South of Easter Lilleisleaf Hose, Back Road, Lilliesleaf; and (v) Erection of a camera which looks onto the complainer’s property but (d) there remained 7 appeals outstanding in respect of the following:- Blackburn, Grantshouse, Duns Penmanshiel, Grantshouse (Corsbie Moor), Westruther Whitmuir Hall, Selkirk Gilston Farm, Heriot Thornbank, Broughton Horn Burn Wind Farm The meeting concluded at 1.20 p.m 2 Item No. 4 APPENDIX APPLICATIONS FOR PLANNING PERMISSION Reference Name and Address Nature of Development Location 12/00709/FUL West Register Erection of 42 Coopersknowe (Realisations) Ltd Dwellinghouses and Crescent Per Yeoman McAllister associated Galashiels Architects infrastructure– Phases 4 64 Waterside Studios and 5 Coltbridge Avenue Edinburgh EH12 6AH Decision: Approved subject to a legal agreement covering affordable housing to be provided on site, Waverley line reinstatement, contributions to schools and, if required, future maintenance of communal open space and play area, and subject 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 layout of the site shall accord with the approved plan PL-01-Opt F, with the exception of Plots 17/18 and 25/26 which shall incorporate a step in the building line between each of the two pairs of houses of a specification to be first agreed with the Planning Authority Reason: To ensure the development is carried out in accordance with the approved site layout with an adjustment to selected plots in the interests of enhancing the appearance of the development 3. No development shall commence until a phasing programme for the development has been submitted to and approved by the Planning Authority. This shall include all buildings, roads, paths, parking areas, water, foul and surface water drainage services. Development shall only be carried out in accordance with the approved phasing programme. Reason: To ensure the development is carried out in a manner which ensures that occupied residential units are provided with necessary infrastructure and services 4. No development shall commence until - written evidence on behalf of Scottish Water that the development will be serviced by mains foul drainage and water supply; confirmation of future maintenance of communal surface water drainage, incorporating the SUDs attenuation area; and, evidence has been provided which demonstrates that surface water will be attenuated to pre-development greenfield levels, have all been submitted to and approved by the Planning Authority Reason: To ensure the development can be adequately serviced and maintained, without flood risk to other properties 5. No development shall commence until a scheme of details of a children’s play area, which shall be developed on the site identified as ‘public open space’ on the approved site plan, has been submitted to and approved by the Planning Authority. Details shall include the layout, specification, implementation date(s) and future maintenance of the play area. The play area shall be installed and maintained in accordance with the approved scheme of details Reason: To ensure the development is provided with adequate children’s play space 6. No development shall commence until further information has been submitted to and approved by the Planning Authority demonstrating that the driver visibility splay for the proposed junction onto the C77 (illustrated by the perforated red line on the approved plan PL-01 Opt F) will be provided free of obstruction prior to occupancy of the first dwellinghouse within the development and maintained free from obstruction thereafter (with the exception of the tree to be retained under Condition 7). Reason: In the interests of road and pedestrian safety 7. The tree adjacent the proposed access from the C77, illustrated on the approved plans, shall not be lopped, felled or otherwise disturbed without the prior written approval of the Planning 3 Item No. 4 Authority. No development shall commence until a tree protection plan has been submitted to and approved by the Planning Authority which demonstrates that the tree will be protected from damage in a manner consistent with BS5837:12. Development shall only proceed in accordance with any required protective measures Reason: To safeguard a tree of significant amenity value 8. No development shall commence, (notwithstanding the details provided in the approved drawings), until a revised and augmented scheme of levels (existing and proposed ground contours; proposed finished house floor levels; and all levels of paths and roads) has been submitted to and approved by the Planning Authority. The scheme of details shall be sufficient to demonstrate how all proposed ground, path and road levels relate to existing levels and levels on land adjacent the site; how houses relate to the proposed levels; and how the SUDs attenuation area levels
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