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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 5 November 2012 at 10.00 a.m. ------------------ Present: - Councillors R. Smith (Chairman), M. Ballantyne, S. Bell, J. Brown, N. Buckingham, J. Campbell, A. Cranston V. Davidson, J. Fullarton, D. Moffat, , N. Watson ( Chairman for Item 5(a)), B. White. Apology:- Councillor S. Mountford. In Attendance:- Development Manager (Projects, Review and Performance), Development Manager (Applications), Senior Roads Planning Officer, Solicitor (G. Nelson), Committee and Elections Team Leader. MINUTE 1. There had been circulated copies of the Minute of the Meeting of 1 October 2012. DECISION APPROVED for signature by the Chairman. ORDER OF BUSINESS 2. The Chairman varied the order of business as shown on the agenda and the Minute reflects the order in which the items were considered at the meeting. DECLARATIONS OF INTEREST 3. Councillor Smith declared a non pecuniary interest in terms of Section 5 of the Councillors Code of Conduct in respect of planning application 11/01662/FUL and left the meeting during its consideration. For that item of business the chair was taken by Councillor Watson. APPLICATIONS 4. 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 Appendix I to this Minute. ADJOURNMENT 5. The meeting was adjourned at 12.50 p.m. for lunch and reconvened at 1.34 p.m. MEMBERS Councillors Buckingham and Fullarton left the meeting and were not present for consideration of planning applications 12/01004/FUL; 12/0660/FUL; 12/00959/FUL; and 12/01040/FUL. APPEALS AND REVIEWS 6. 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) appeals had been received in respect of :- 1 Item No. 4 (i) wind energy development consisting of six wind turbines 126.5m high to tip and associated ancillary work on land north west of Blackburn View, Blackburn, Grantshouse, Duns; (ii) wind farm comprising 15 No turbines 100m high to tip and associated infrastructure including sub station and control room building, 1 No permanent meteorological mast, up to No 6 temporary guyed meteorological masts, 1 No temporary 10 m communications mast, on-site access tracks, site entrance, temporary construction compound, and associated ancillary and engineering works on land east of Penmanshiel Farmhouse, Grantshouse. (Appeal is against non-determination of the application). (b) a review request had been received in respect of the erection of a wind turbine 24.8m high to tip on land north west of Cottage Farm, West Linton; (c) the Local Review Body had dismissed appeals in respect of :- (i) Condition imposed in respect of planning permission for the erection of dwellinghouse on land north of Macbiehill Steading, West Linton (terms of the Condition varied); (ii) the erection of two dwellinghouses on land south east of Sherrifmuir Cottage, Lyne Station, Peebles (terms of refusal varied); and (iii) extensions to dwellinghouse (revision to planning permission 11/01064/FUL) at 9 Eildon Terrace, Dingleton Road, Melrose. (d) the Local Review Body had sustained an appeal (subject to conditions) in respect of change of use from (Class I) retail to (Class II) fitness suite at 82 Channel Street, Galashiels. PRIVATE BUSINESS 7. DECISION AGREED under Section 50A(4) of the Local Government (Scotland) Act 1973 to exclude the public from the meeting during consideration of the business detailed in Appendix II to this Minute on the grounds that it involved the likely disclosure of exempt information as defined in Paragraph 6 of Part I of Schedule 7A to the Act. SUMMARY OF PRIVATE BUSINESS Minute 1. The Committee approved the private section of the Minute of the Meeting of 1 October 2012. The meeting concluded at 3.00 p.m. 2 Item No. 4 PLANNING AND BUILDING STANDARDS COMMITTEE 5 NOVEMBER 2012 APPENDIX I APPLICATIONS FOR PLANNING PERMISSION Reference Name and Address Nature of Development Location 11/01662/FUL Banks Renewables Wind Farm Development Land North West of Alistair Landells comprising of 14 Quixwood Farmhouse, Banks Group 2nd Floor, turbines 126.25m to tip, Abbey St Block C Brandon Gate anemometer mast and Bathans/Grantshouse, Hamilton ML3 6AU ancillary works Berwickshire incorporating hardstanding, control building, access track and borrow pits. Decision: Continued to allow further negotiation with the developer in respect of the height and layout of the proposed wind farm. VOTE Councillor Buckingham, seconded by Councillor Fullarton, moved refusal of the application. Councillor Moffat, seconded by Councillor Campbell, moved approval of the application. Councillor Bell, seconded by Councillor Brown, moved that the application be continued to allow negotiations with the developer regarding a reduction in the height of the turbines and an amended layout. It was agreed that a vote for and against continuation be taken first and only if continuation was unsuccessful would a further vote be taken. On a show of hands Members voted as follows:- For - 6 votes Against - 5 votes It was therefore decided that the application be continued and no further vote was taken. NOTE Having declared an interest Councillor Smith did not take part in the consideration of this application. 12/00980/FUL Scottish Ambulance Erection of ambulance Land northwest of Service station with wash bay Borders General ATKINS Ltd canopy, workshop and Hospital Per Jenon Stewart associated car park and 200 Broomielaw hardstanding Glasgow G1 4RU Decision: Refused for the following reason: The proposed development would fail to comply with Policy N10 of the Consolidated Structure Plan 2009 and Policies G1, NE4, EP1 and EP3 in that it would result in the substantial removal of important woodland screening, which would expose the proposed development and, more significantly, the wider hospital campus, thereby undermining the setting of the Eildon Hills and therefore the integrity of the National Scenic Area. The benefits of the proposed development do not outweigh the significant adverse landscape impacts that would result and it has not been demonstrated that alternatives to the proposed site are not available or that the landscape impacts can be satisfactorily mitigated. 3 Item No. 4 VOTE Councillor Smith, seconded by Councillor Ballantyne, moved that the application be refused. Councillor Buckingham, seconded by Councillor Cranston, moved that the application be approved. On a show of hands Members voted as follows:- Motion - 8 votes Amendment - 3 votes The Motion was accordingly carried. 12/00929/FUL Ian McLachlan Installation of pump Drysdales, McKay And Partners house and associated Old Cambus, 6 Market Place works for effluent Cockburnspath Selkirk TD7 4BT discharge Decision: Approved as per recommendation, subject to the following conditions and informatives and an additional requirement for legal agreement requiring annual monitoring and review of the condition of the land affected by the path of the pipeline through the area known as “Marley’s Brae” to ensure that any issues arising from the stability of the slope do not increase the visibility or environmental impact of the development proposed. 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 approved by the Planning Authority, which includes the requirement to replace and affix removed rock along the surface of the route of the pipe across the shore. Reason: To ensure that the development is carried out in accordance with the approved details. 3. No development shall commence until a sample of the concrete backfill with applied colour finish shall be submitted to and approved in writing by the Planning Authority. Reason: The materials to be used require further consideration to ensure a satisfactory form of development, which contributes appropriately to its setting. 4. No development shall commence until slope stability survey assessing the route of the pipeline has been submitted to and approved in writing with the Planning Authority. Once approved the development shall be carried out wholly in accordance with the approved details and required methods of mitigation. Reason: Further information is required to ensure that the excavation will not have an adverse effect on the stability of the coastline embankment. 5. No development shall take place until the applicant has secured a programme of archaeological work in accordance with a Written scheme of Investigation outlining a Watching Brief. This will be formulated by a contracted archaeologist and approved in writing by the Planning Authority. Access should be afforded to allow investigation by a contracted archaeologist(s) nominated by the developer and agreed to by the Planning Authority. The developer shall allow the archaeologist(s) to observe relevant below ground excavation during development, investigate and record features of interest and recover finds and samples if necessary. Results will be submitted to the Planning Authority for review in the form of a Data Structure Report. If significant archaeology is discovered below ground excavation should cease pending further consultation with the Planning Authority. The developer will ensure that any significant data and finds 4 Item No. 4 undergo post- excavation analysis the results of which will be submitted to the Planning Authority Reason: The site is within an area where ground works may interfere with, or result in the destruction of, archaeological remains, and it is therefore desirable to afford a reasonable opportunity to record the history of the site.
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