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 13 April 2009 at 10 a.m. ------------------ Present: - Councillors T. Jones (Chairman), J. Brown, N. Calvert, J. A. Fullarton, J. Hume, G. Logan, D. Moffat, C. Riddell-Carre, N. Watson, T. Weatherston. Apologies:- Councillors C. J. Bhatia, J. Houston, R. Smith. In Attendance: - Development Control Manager (East), Assistant Road User Manager, Area Offices Manager, Committee Officer – Corporate Resources (Mrs. F. Henderson). ---------------------------------------- CHAIRMAN 1. In the absence of Councillor Houston, Councillor Jones took the Chair. MINUTE 2. There had been circulated copies of the Minute of the Meeting of 9 March 2009. DECISION APPROVED for signature by the Chairman. DRAFT GREEN SPACE STRATEGY AND SUPPLEMENTARY PLANNING GUIDANCE 3. There had been circulated copies of a report by the Head of Planning and Building Standards seeking approval of the Draft Supplementary Planning Guidance (SPG) on Green Space incorporating a proposed Green Space Strategy and the Draft Environmental Report as a basis for public consultation. The report explained that the Draft SPG and Green Space Strategy had been prepared on behalf of the Council by Halcrow in association with Kit Campbell Associates, in consultation with officers from Environmental Services (Parks), and Scottish Natural Heritage who also contributed 50% of the costs of undertaking this work. Mr Wanless, Plans and Research Manager and Mr Campbell of Kit Campbell associates were present at the meeting to answer members questions. It was explained that the purpose of the SPG on Green Space incorporating the Green Space Strategy was to provide guidance to those preparing planning applications for one or more dwellings as to what the Council may require in order to mitigate the impact of residential developments on green space and outdoor sport and recreation provision. It was proposed to carry out a 12 week consultation on the draft SPG with Community Councils and local stakeholders, together with national organisations such as Scottish Natural Heritage, Scottish Water and the Scottish Environment Protection Agency. There was considered discussion on Issues such as the drainage at Duns Park, what constituted successful teenage space and how best to achieve well managed allotments. DECISION AGREED:- (a) to approve the Draft SPG incorporating the Green Space Strategy and Draft Environmental Report as a basis for public consultation for a 12 week period, and that if there were any substantive comments then they should be reported back to the committee; (b) that the Council’s visions for greenspace, sport and recreation facilities be re- worded to read;- The Scottish Borders will have high quality, accessible green spaces which contribute to the economic social and environmental qualities for the region; and (c) that guidance be brought to the Planning and Building Standards Committee before commencing the consultation process; and (d) that any comments arising from the consultation be reported to the Planning and Building Standards Committee. SUPPLEMENTARY PLANNING GUIDANCE – PLANNING BRIEF FOR EARLSTON HIGH SCHOOL 4. With reference to paragraph 5 of the Minute of 7 July 2008, there had been circulated copies of a report by the Head of Planning and Building Standards on the Supplementary Planning Guidance relating to a Planning Brief for Earlston High School. A summary of the responses received in response to the consultation process was appended to the report. The main changes made to the brief following the consultation were to ensure that the potential bridge over the Turfford Burn did not impact on the Special Area of Conservation; to require SUDs proposals to be detailed at the planning application stage; to recognise the need to protect water vole habitats; and, to require the use of native woodland species at the eastern end of the site on the floodplain area. Mr Ged Heaney of Ryden was present to answer Members questions. VOTE Councillor Riddell- Carre, seconded by Councillor Brown, moved that the recommendations in the report be approved. Councillor Watson, seconded by Councillor Moffat moved as an amendment that the Supplementary Planning Guidance planning brief for Earlston High School be delayed for one month to allow consultation to be carried out with the adjoining landowner (Farmer) on the implications of the brief as he had been unaware of its provision. On a show of hands Members voted as follows:- Motion 5 votes Amendment 4 votes The Motion was accordingly carried. DECISION DECIDED to approve the Supplementary Planning Guidance planning brief for Earlston High School set out in Appendix I to this Minute in the Minute Book, and that its provisions be material considerations in the consideration of planning applications. 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 II to this Minute. SECTION 50/75 AGREEMENTS 6. There had been circulated copies of a report by the Head of Planning and Building Standards seeking approval to vary a Section 75 legal agreement related to a development of 70 houses at Meigle Farm, Clovenfords to facilitate alternative access arrangements and to enable the commencement of the proposed primary school on the adjoining site. The report explained that the developer of the Meigle Farm housing site, Barratt East Scotland, was seeking to vary the terms of the legal agreement attached to their permission for 70 houses to the effect that the contributions for the Central Borders Road Network Study and Education would be deferred until the completion of the 25th house on the site. As part of this arrangement, and acknowledging the potential implications for the delay of the provision of the Clovenfords School project, the developer had offered to contribute half the cost of the road that would serve the school from the east (through their development site). The Local Plan policy relating to developer contributions made provision for a pragmatic approach, taking into account the importance in securing necessary developments and it was considered that this was a situation where such an approach was justified. DECISION AGREED to continue to allow further discussion to take place regarding the possibility of phasing the developer payments throughout the development of the site rather than waiting until the construction of the last house before receiving any contribution. 7. There had been circulated copies of a report by the Head of Planning and Building Standards on a request received the owners of Nether Kidston Farm, Peebles to vary the terms of the original Section 50 Agreement. The report explained that the applicants wished to vary the agreement to allow the house plots (on land to the South West of Nether Kidston Farm Cottages and to the South of Cringletie Farm Cottage) to be excluded from the area over which the Section 50 applied. However, given that the Section 50 had been modified in the past it was considered that the whole Section 50 Agreement should be removed and all associated burdens on the land lifted. Any further applications for residential development would be assessed, on their own merits, against the prevailing policy at the time of their submission. DECISION AGREED that the Section 50 Agreement at Nether Kidston Farm be removed to allow the development of the current application sites. 8. There had been circulated copies of a report by the Head of Planning and Building Standards on a request received from the owner of Todheugh, Edrom, Duns, to vary the terms of the Section 75 Agreement applied to the farm. The report explained that the applicant wished to vary the agreement to allow the sale of a plot of land to the owner of a neighbouring agricultural unit. Following the conclusion of the sale, the land would continue to be used for agricultural purposes, albeit under different ownership and not tied by any contractual agreement. It was considered that the restriction to the selling off of the land covered by the agreement be modified to allow for this sale. DECISION AGREED that Clause 2(a) of the Section 75 Agreement be amended to allow the sale of an agreed proportion of the land at Todheugh Farm, Edrom, Duns. 9. There had been circulated copies of a report by the Head of Planning and Building Standards on a request received from the owners of land at Hawthorndean, Coldingham to vary the terms of the Section 75 Agreement applied to the land. The report explained that the applicants wished to vary the agreement to allow the payment of developer contributions only when the houses or the plot had been sold to a third party. Whilst a change to the terms of the Agreement to enable payment of an agreed proportion of the developer contributions on the occupation of each house would be reasonable in the current economic climate, the modification as proposed by the owners would not be acceptable or consistent with current policy and practice and it was therefore proposed that the variation as requested be refused but that it would be reasonable to modify the agreement to defer payment of the contributions to an agreed proportion on the occupation of each of the houses rather than the issue of the completion certificate, or sale of, the first house. DECISION AGREED to:- (a) refuse to modify the Section 75 Agreement on the terms as requested by the land owners; and (b) change the terms of the Section 75 Agreement to enable payment of an agreed proportion of the developer contributions on the occupation of each of the residential units covered by this agreement. APPEALS 10.