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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 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 9 August 2010 at 10 a.m. ------------------ Present: - Councillors J. Houston (Chairman), J. Brown, N. Calvert, J. A. Fullarton, T. Jones, G. Logan, J. Mitchell, D. Moffat, C. Riddell-Carre, R. Smith, N. Watson. Apologies:- Councillors J. Hume, T. Weatherston. In Attendance: - Development Manager (Projects, Review & Performance), Development Manager (Applications), Assistant Road User Manager, Managing Solicitor – Commercial Services, Committee and Elections Team Leader. ---------------------------------------- MINUTE 1. There had been circulated copies of the Minute of the Meeting of 5 July 2010. 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. DECISION DEALT with the applications as detailed in the Appendix to this Minute. MEMBERS Councillors Fullarton and Mitchell left the meeting following consideration of application 10/00499/FUL. Councillor Brown left during consideration of application 10/00682/FUL. APPEALS AND REVIEWS 3. There had been circulated copies of a report by the Head of Planning and Building Standards on Appeals to the Scottish Ministers and Local Reviews. DECISION NOTED:- (a) that an appeal had been received in respect of the installation of solar thermal panels, 18 High Street, Peebles. (b) that the Scottish Ministers had sustained appeals, subject to conditions, in respect of:- (i) replacement windows with uPVC sash and case windows double glazed, Flat 2/2, The Pirns, King Street, Galashiels; and (ii) installation of solar thermal panels, 18 High Street, Peebles (c) that requests for Reviews had been received in respect of:- (i) installation of 3 solar panels, Harden Vale, Ancrum; (ii) erection of conservatory, 3 Scott Crescent, Selkirk; and (iii) erection of log cabin, land south of Whitchester House, Duns. URGENT BUSINESS 4. Under Section 50B(4)(b) of the Local Government (Scotland) Act 1973, the Chairman was of the opinion that the item dealt with in the following paragraph should be considered at the meeting as a matter of urgency, in view of the need to keep Members informed. SITE VISITS 5. It was proposed that members visits the sites of the proposed quarry at Rumbletonlaw, Greenlaw and the re-development of the Netherdale Campus, Galashiels prior to consideration of the applications at the next meeting. DECISION AGREED that site visits be organised before the next meeting of the Committee. The meeting concluded at 1.25 p.m. PLANNING AND BUILDING STANDARDS COMMITTEE 9 AUGUST 2010 APPENDIX APPLICATIONS FOR PLANNING PERMISSION Reference Name and Address Nature of Development Location 03/00627/FUL Vattenfall Wind Power Ltd Wind Farm comprising Land at Minch Moor Bridge End twelve wind turbines, Elibank and Traquair Hexham wind monitoring mast, Forest Northumberland connection building, site Innerleithen access roads and temporary site compounds Decision: Refused for the following reasons:- 1. The proposed development is contrary to Policies I19, I20, and N9 of the Scottish Borders Structure Plan 2001-2018 and Policy D4 of the Scottish Borders Local Plan: Adopted 2009 in that: • The proposal will be located on the fringe of, and have a significantly harmful influence on, sensitive landscape types as defined in the Borders Landscape Assessment 1995 which are of an inappropriate scale and character to accommodate the proposals successfully, due to the smaller scale nature of the landscapes, the height of the turbines compared to the height of the hills and the relatively narrow width of the ranges of hills between the valleys providing insufficient landform screening from sensitive receptors. • The proposal will have a significant adverse impact on the landscape character of the area, including the hills between the Tweed and Yarrow Valleys, the valley landscapes themselves, the landscape designations and the surrounding countryside which is of high scenic value and contains nationally listed and locally proposed designed landscapes and gardens. • The turbines will have a significant detrimental visual impact on important landscape features, prominent landmarks, major tourist routes and popular public viewpoints as a result of skyline and blade overtipping impacts on high sensitivity road, recreational and landscape receptors, exacerbated by the impacts of widespread forestry clearance and required aviation lighting. • The proposal will cause significant and unacceptable visual cumulative impacts when considered with schemes approved or proposed, including coincident and sequential impacts from roads and paths in the area, especially the Southern Upland Way. 2. The proposed development is contrary to Policies N14 and N15 of the Scottish Borders Structure Plan 2001 - 2018 and Policy BE2 of the Scottish Borders Local Plan: Adopted 2008 in that it would result in significant adverse impacts on the setting of Scheduled Monuments and insufficient information has been supplied to properly determine the impact of the development on the archaeological interests at the site. 09/01395/FUL Vattenfall Wind Power Ltd Construction of access Innerleithen Mountain Bridge End road and watercrossing Bike Centre Hexham Traquair Road Northumberland Innerleithen Decision: Refused as there is no operational need for the development and the works would be unnecessary, superfluous and be potentially detrimental to the efficient operation of the car park and overall landscape character of the area, contrary to the criteria contained within Policy G1 of the Scottish Borders Local Plan Adopted 2008. 09/00468/MIN Cemex UK Operations Ltd Extension to quarry for Land South West of Tannochside Park the extraction of hard Cowieslinn Quarry Uddingston rock Peebles Glasgow G71 5PH Decision: Approved, subject to a legal agreement relating to off site habitat creation and subject to the following planning conditions:- 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 approved shall be undertaken in strict accordance with the plans and specifications submitted as part of the planning application. Reason: To ensure the satisfactory development of the site and to safeguard the amenity of the area. 3. Phasing of the development site shall accord strictly with submitted Environmental Impact Assessment. Reason: To ensure that the development proceeds in a manner that is compatible with the local environment and the amenity enjoyed by occupiers of nearby dwellings. 4. All soils shall be retained on the site and none shall be sold off or removed from the site. Reason : To enable sound agricultural restoration; to minimise the movement of soils and to minimise traffic movements outwith the site. 5. No extraction shall take place on the quarry extension (the area outwith the existing quarry boundary) until all soils have been stripped to full available depth from the relevant extraction phase. Work routines for stripping operations shall be designed to minimise vehicle traffic on the unstripped land and at all times the mechanical handling and compaction of soil shall be minimised. Top soil dumps shall not exceed 6m in height and shall be grassed and seeded to the specification of the Planning Authority at the earliest convenience. All dumps shall be evenly graded to tops shaped to prevent water ponding. At least 3 working days notice shall be given to the Planning Authority before the work commences on the stripping or movement of soils and the Planning Authority reserves the right to suspend operations during adverse weather conditions. Reason: To prevent damage to soil structure and to enable sound agricultural restoration. 6. The hours of operations for all working, with the exception of measures required in an emergency situation, servicing, maintenance and testing of plant, shall be limited to the hours of 0700 hours and 2000 hours Mondays to Fridays and 0700 hours to 1200 hours on both Saturdays and Sundays. In addition, no operations shall be permitted on 25th and 26th December and 1st and 2nd January. Reason : In the interests of amenity. 7. Minerals shall only be dispatched from the site between 0700 hours and 1800 hours on Mondays to Fridays and 0700 hours and 1200 hours on Saturdays, with no movements on Sundays. Reason: In the interests of amenity. 8. No plant or machinery shall be operated unless it is silenced so as to comply with the best practical standard the details of which should be submitted to and approved by the Planning Authority. Reason: To reduce noise levels to the minimum reasonably achievable in the interests of amenity. 9. Prior to the commencement of the development a dust management system to be set up and agreed with the Planning Authority and thereafter implemented within the terms of this agreement. All plant and machinery on the site shall be installed and maintained in such a manner as to minimise the release of dust and shall wherever possible incorporate dust suppression and collection equipment. Reason: In the interests of amenity of neighbouring properties. 10. Prior to the commencement
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