West Linton Community Council

Chairman: Mr Graham J Tulloch, 11 Dryburn Brae, West Linton, EH46 7JG

Treasurer: Mrs Carn Peaston, 3 Deanfoot Gardens, West Linton, EH46 7JB

22 January 2020

Mr R Dods Planning Officer Environment and Infrastructure Scottish Borders Council Council Headquarters Newtown St Boswells Melrose TD6 0SA

Dear Mr Dods

19/01646/PPP Erection of dwellinghouse, workshop/garage and associated works, Land South East of Tarf House, West Linton.

West Linton Community Council (WLCC) supported the above application, which came before it at a recent meeting.

The expansion of the applicants business to take on the stewardship of the West Tarf riding track and the complimentary nature of this to his existing business will provide an improvement to the facilities provided there. The workshop will support local amateur riders and businesses as well as providing a base for the national and international aspect of the core business.

The applicant, like a large number of other businesses locally, has found it difficult to secure suitable premises from which to work and grow his business. The Community Council is fully supportive of this initiative to counter the lack of such facilities.

Yours Sincerely,

Graham J Tulloch

Transport Scotland Roads Directorate Network Operations - Development Management

Response On Development Affecting Trunk Roads and Special Roads

The Town and Country Planning (Scotland) Act 1997 The Town and Country Planning (Development Management Procedure ) (Scotland ) Regulations 2013 S.I.2013 No 155 (S.25 )

Town and Country Planning (Notification of Applications) (Scotland) Direction 2009

To Scottish Borders Council Council Reference:- 19/01646/PPP Environment and Infrastructure Newtown St Boswells Melrose TD6 0SA

TS TRBO Reference :- SE/110/2019

Application made by Mr Erlend Milne per Ferguson Planning, 54 Island Street Galashiels Scottish Borders TD1 1NU and received by Transport Scotland on 22 November 2019 for planning permission for erection of dwellinghouse, workshop /garage and,associated works located at Land South East Of Tarf House West Linton Scottish Borders affecting the A702 Trunk Road. Director , Roads Advice 1. The Director does not propose to advise against the granting of permission 2. The Director advises that planning permission be refused (see overleaf for reasons). 3. The Director advises that the conditions shown overleaf be attached to any permission the council may give (see overleaf for reasons). To obtain permission to work within the trunk road boundary, contact the Area Manager through the general contact number below. The Operating Company has responsibility for co-ordination and supervision of works and after permission has been granted it is the developer's contractor's responsibility to liaise with the Operating Company during the construction period to ensure all necessary permissions are obtained.

TS Contact:- Area Manager (A702) 0141 272 7100 Buchanan House, 58 Port Dundas Road, Glasgow, G4 0HF

Operating Company:- SOUTH EAST Address:- 6a Dryden Road, Bilston Glen Industrial Estate, Loanhead, Edinburgh, EH20 9LZ Telephone Number:- 0800 0420188 e-mail address:- [email protected]

Page 1 of 2 Transport Scotland Response Date:- 03-Dec-2019

Transport Scotland Contact:- Shaun Phillips

Transport Scotland Contact Details:- Roads - Development Management Buchanan House, 58 Port Dundas Road, Glasgow, G4 0HF Telephone Number: e-mail: [email protected]

NB - Planning etc. (Scotland) Act 2006 Planning Authorities are requested to provide Transport Scotland, Roads Directorate, Network Operations - Development Management with a copy of the decision notice, and notify Transport Scotland, Trunk Roads Network Management Directorate if the recommended advice is not accepted.

Page 2 of 2

PLANNING CONSULTATION

To: Economic Development Section

From: Development Management Date: 22nd November 2019

Contact: Ranald Dods  Ext. 8574 Ref: 19/01646/PPP

PLANNING CONSULTATION

Your observations are requested on the under noted planning application. I shall be glad to have your reply not later than 13th December 2019, If further time will be required for a reply please let me know. If no extension of time is requested and no reply is received by 13th December 2019, it will be assumed that you have no observations and a decision may be taken on the application.

Please remember to e-mail the DCConsultees Mailbox when you have inserted your reply into Idox.

Name of Applicant: Mr Erlend Milne

Agent: Ferguson Planning

Nature of Proposal: Erection of dwellinghouse, workshop/garage and associated works Site: Land South East Of Tarf House West Linton Scottish Borders ______

Council Headquarters, Newtown St Boswells, MELROSE, Scottish Borders, TD6 0SA Customer Services: 0300 100 1800 www.scotborders.gov.uk

CONSULTATION RESPONSE TO PLANNING OR RELATED APPLICATION

Comments provided Officer Name and Post: Contact e-mail/number: by Economic Development Section

Date of reply 04/12/19 Consultee reference: Planning Application 19/01646/PPP Case Officer: Reference Ranald Dods Applicant Mr Erlend Milne Agent Ferguson Planning Proposed Erection of dwellinghouse, workshop/garage and associated works Development Site Location Land South East Of Tarf House West Linton Scottish Borders

The following observations represent the comments of the consultee on the submitted application as they relate to the area of expertise of that consultee. A decision on the application can only be made after consideration of all relevant information, consultations and material considerations. Background and Site description

Key Issues  (Bullet points)

Assessment A review of the business plan for West Tarf Workshop and Track shows this is a trading and profitable business. The request for the workshop makes clear business sense. The workshop will be sited next to an Oval Track which is one of only 2 tracks of its type in the UK. This is likely to have a positive effect on the business both in terms of being able to offer a more comprehensive service to clients and also in the amount of time spent in travelling between clients, workshop and facilities. There is a clear business benefit demonstrated.

The need for the dwelling house is more difficult to determine based on the information provided. However, on the basis that the workshop would be integral to the house providing potential for expansion to incorporate horse care and stabling then this makes some economic sense.

Recommendation Object Do not object Do not object, Further information subject to required conditions Recommended Conditions

Council Headquarters, Newtown St Boswells, MELROSE, Scottish Borders, TD6 0SA Customer Services: 0300 100 1800 www.scotborders.gov.uk

Recommended Informatives

Council Headquarters, Newtown St Boswells, MELROSE, Scottish Borders, TD6 0SA Customer Services: 0300 100 1800 www.scotborders.gov.uk

PLANNING CONSULTATION

To: Education & Lifelong Learning (Neil Hastie)

From: Development Management Date: 22nd November 2019

Contact: Ranald Dods  Ext. 8574 Ref: 19/01646/PPP

PLANNING CONSULTATION

Please remember to e-mail the DCConsultees Mailbox when you have inserted your reply into Idox.

Name of Applicant: Mr Erlend Milne

Agent: Ferguson Planning

Nature of Proposal: Erection of dwellinghouse, workshop/garage and associated works Site: Land South East Of Tarf House West Linton Scottish Borders ______

Council Headquarters, Newtown St Boswells, MELROSE, Scottish Borders, TD6 0SA Customer Services: 0300 100 1800 www.scotborders.gov.uk

CONSULTATION RESPONSE TO PLANNING OR RELATED APPLICATION

Comments provided Officer Name and Post: Contact e-mail/number: by Education & Lifelong Learning (Neil Hastie) (Officer to fill in own name) Date of reply 23 December 2019 Consultee reference: Planning Application 19/01646/PPP Case Officer: Reference Ranald Dods Applicant Mr Erlend Milne Agent Ferguson Planning Proposed Erection of dwellinghouse, workshop/garage and associated works Development Site Location Land South East Of Tarf House West Linton Scottish Borders

Key Issues (Bullet points)

Assessment I refer to your request for Educations view on the impact of this proposed development which is within the catchment area for West Linton Primary School and Peebles High School.

A contribution of £7,994 x 1 is sought for the Primary School and £1,126 x 1 for the High School, making a total contribution of £9,120.

Contributions are sought to raise capital to extend or improve schools or where deemed necessary to provide new schools in order to ensure that over capacity issues are managed and no reduction in standards is attributed to this within the Borders area.

This contribution should be paid upon receipt of detailed planning consent but may be phased subject to an agreed schedule.

Please note that the level of contributions for all developments will be reviewed at the end of each financial year and may be changed to reflect changes in the BCIS index, therefore, we reserve the right to vary the level of contributions.

If you require any further information please do not hesitate to contact me by emailing [email protected] Recommendation Object Do not object Do not object, Further information subject to required conditions

Council Headquarters, Newtown St Boswells, MELROSE, Scottish Borders, TD6 0SA Customer Services: 0300 100 1800 www.scotborders.gov.uk

Recommended Conditions

Recommended Informatives

Council Headquarters, Newtown St Boswells, MELROSE, Scottish Borders, TD6 0SA Customer Services: 0300 100 1800 www.scotborders.gov.uk

PLANNING CONSULTATION

To: Environmental Health

From: Development Management Date: 22nd November 2019

Contact: Ranald Dods  Ext. 8574 Ref: 19/01646/PPP

PLANNING CONSULTATION

Please remember to e-mail the DCConsultees Mailbox when you have inserted your reply into Idox.

Name of Applicant: Mr Erlend Milne

Agent: Ferguson Planning

Nature of Proposal: Erection of dwellinghouse, workshop/garage and associated works Site: Land South East Of Tarf House West Linton Scottish Borders ______

Council Headquarters, Newtown St Boswells, MELROSE, Scottish Borders, TD6 0SA Customer Services: 0300 100 1800 www.scotborders.gov.uk

CONSULTATION RESPONSE TO PLANNING OR RELATED APPLICATION

Comments provided Officer Name and Post: Craig Contact e-mail/number: by Wilson Environmental Health (Officer to fill in own name) Date of reply Consultee reference: 19/03553/PLANCO Planning Application 19/01646/PPP Case Officer: Reference Ranald Dods Applicant Mr Erlend Milne Agent Ferguson Planning Proposed Erection of dwellinghouse, workshop/garage and associated works Development Site Location Land South East Of Tarf House West Linton Scottish Borders

Key Issues  Water supply (Bullet points)  Waste water services  Noise Assessment Environmental Health has no objections to the granting of this planning permission in principle, subject to conditions. In addition to the conditions recommended, support for any full application will be subject to confirmation that the dwelling and commercial aspects of this application are tied as a single planning unit and cannot be sold as individual entities to prevent potential noise complaints due to proximity.

Recommendation Object Do not object Do not object, Further information subject to required conditions Recommended 1. No development should commence until the applicant has provided Conditions evidence that arrangements are in place to ensure that the private drainage system will be maintained in a serviceable condition

Reason: To ensure that the development does not have a detrimental effect on amenity and public health.

2. No water supply other that the public mains water supply shall be used to supply the development without the written agreement of the Planning

Council Headquarters, Newtown St Boswells, MELROSE, Scottish Borders, TD6 0SA Customer Services: 0300 100 1800 www.scotborders.gov.uk

Authority.

Reason: To ensure that the development is adequately serviced with a sufficient supply of wholesome water and there are no unacceptable impacts upon the amenity of any neighbouring properties.

Recommended Informative Informatives Private Drainage System

Private drainage systems often impact on amenity and cause other problems when no clear responsibility or access rights exist for maintaining the system in a working condition.

Problems can also arise when new properties connect into an existing system and the rights and duties have not been set down in law.

To discharge the Condition relating to the private drainage arrangements, the Applicant should produce documentary evidence that the maintenance duties on each dwelling served by the system have been clearly established by way of a binding legal agreement. Access rights should also be specified.

Council Headquarters, Newtown St Boswells, MELROSE, Scottish Borders, TD6 0SA Customer Services: 0300 100 1800 www.scotborders.gov.uk

Planning Consultation

PLANNING & REGULATORY SERVICES

To: Head of Planning & Regulatory Services

F.A.O. Ranald Dods

From: Planning & Regulatory Services

Contact: Erica Hume Niven Ext. 6704 Ref: 19/01646/PPP Date: 16/12/19

Nature of proposal: Erection of dwellinghouse, workshop/garage and associated works

Site: Land South East Of Tarf House West Linton

______

Comments: ACCESS

Rights of Way

According to the records held in the Planning & Economic Development Section there is one claimed right of way on this area of land, as shown on the attached plan. Details as follows:

Rights of Start (Approx. Grid Ref) Finish (Approx. Grid Ref) Length

Way Code

BT26 NT 142 511 NT 151 505 1.2km

Rights of Way are protected by law under the Countryside (Scotland) Act 1967 sec. 46 ‘It shall be the duty of a,..planning authority to assert, protect, and keep open and free from obstruction or encroachment any public right of way which is wholly or partly within their area.’

Please note that Scottish Borders Council does not have a definitive record of every claimed right of way within its area. The Scottish Rights of Way and Access Society, the community council and local residents may have evidence of existence of claimed rights of way that have not yet been recorded by SBC.

Land Reform (Scotland) Act 2003

There are other tracks in the area that the public would have a ‘right of responsible access’ to under the Land Reform (Scotland) Act 2003. This right also extends to most land and inland water in Scotland.

Please note: 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 legal process.

Erica Hume Niven

Access Ranger

CONSULTATION RESPONSE TO PLANNING OR RELATED APPLICATION

Comments provided Roads Planning Service Contact e-mail/number: by Officer Name and Paul Grigor [email protected] Post: Roads Planning Officer 01835 826663 Date of reply 28th November 2019 Consultee reference: Planning Application 19/01646/PPP Case Officer: Reference Ranald Dods Applicant Mr Erlend Milne Agent Ferguson Planning Proposed Erection of dwellinghouse, workshop/garage and associated works Development Site Location Land South East Of Tarf House West Linton Scottish Borders

Assessment The comments made as part of the previous application are applicable to the current submission and I have copied them below.

The site is accessed via a section of private road leading from the A702. As the A702 is a Trunk Road at this location, it is the remit of Transport Scotland to comment on the suitability of the access and I note they have been consulted and have duly replied.

In terms of the plot itself, providing any detailed application provides parking and turning for two vehicles, excluding any garages, I will not object to this application.

Recommendation Object Do not object Do not object, Further information subject to required conditions Recommended Parking and turning (excluding any garage space) for two vehicles shall be Conditions provided within the curtilage of the dwellinghouse before the dwellinghouse hereby approved is occupied and must thereafter be retained in perpetuity. Reason: To ensure the provision of adequate off-street parking.

Recommended Informatives

Signed: PG

Council Headquarters, Newtown St Boswells, MELROSE, Scottish Borders, TD6 0SA Customer Services: 0300 100 1800 www.scotborders.gov.uk