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Scottish Borders Council Planning and Building Standards Committee

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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 3 November 2014 at 10.00 a.m. ------------------ Present: - Councillors R. Smith (Chairman), M. Ballantyne, S. Bell, J. Brown, D. Moffat, S. Mountford. Apologies:- Councillor J. Fullarton, I. Gillespie, B. White. In Attendance:- Development Standards Manager, Major Applications, Review and Enforcement Manager, Principal Roads Planning Officer, Solicitor (G Nelson), Democratic Services Team Leader, Democratic Services Officer (F Henderson). MINUTE 1. There had been circulated copies of the Minute of the Meeting held on 6 October 2014. DECISION APPROVED for signature by the Chairman. MEMBER Councillor Bell left the meeting following consideration of Application 12/00902/FUL. APPLICATIONS 2. There had been circulated copies of reports by the Service Director 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. APPEALS AND REVIEWS 3. There had been circulated copies of a report by the Service Director Regulatory Services on Appeals to the Scottish Ministers and Local Reviews. DECISION NOTED that:- (a) Scottish Ministers had dismissed appeals in respect of the following:- (i) Modification of planning obligation pursuant to planning permission 06/01404/FUL relating to land south of Meigle Row, Clovenfords; and (ii) Pigeon loft trailer sited on land without planning permission at Stonecroft, Lamberton – 14/00056/UNDEV (b) Scottish Ministers sustained an appeal in respect of Certificate of Lawful Existing Use as Class 5 at Border Coachcroft, Eastgate, Denholm, Hawick – 14/00546/CLEU (c) A review request had been received in respect of the Erection of dwellinghouse and attached garage on Land North East of Garden House, Whitmuir, Selkirk – 14/00156/FUL; 1 Item No. 4 (d) the Local Review Body had upheld the Appointed Officers decision to refuse the following:- (i) Erection of car port at 33 Summerfield, Earlston – 14/00429/FUL; (ii) Extension to dwellinghouse at 17 Crumhaughhill Road, Hawck 14/00625/FUL; (e) the Local Review Body overturned the Appointed Officers decision to refuse refuse a replacement window (retrospective) at 39 Eastgate, Peebles. (f) there remained one review outstanding in respect of 80 and 80A High Street, Innerleithen. URGENT BUSINESS 4. Under Section 50B(4)(b) of the Local Government (Scotland) Act 1973, the Chairman was of the opinion that the items dealt with in the following paragraphs should be considered at the meeting as a matter of urgency, in view of the need to keep Members informed. DEVELOPMENT PERFORMANCE 5. The Chairman drew attention to the briefing note circulated to Elected Members each month as part of the Members Bulletin. The briefing note was designed to keep members informed of the ongoing workload of the Development Management Service, and to indicate how the Service was performing in terms of speed of service delivery. The briefing note detailed the total number of planning applications received in each month with a comparison for the previous 5 years, The numbers of applications received and determined over the past month together with the number outstanding that were still to be processed, the speed with which applications determined during the past month had been processed, the performance figures for the financial year to date with comparisons with previous years and the performance figures for business applications. 6. It was highlighted that the number of applications received in August had risen back above 100 while the number of applications determined also increased to 113. The number of applications outstanding and waiting to be determined (at the time of preparing the report) had fallen to 647, the lowest figure since January. The performance for the month on householder applications dropped back to 83%. Performance on non-householder applications also fell to 58% while performance on all applications had fallen to 66%. Despite these falls the annual figures for the year to date remained ahead of last year’s figures at 92%, 61% and 71% respectively. It was further highlighted that a management plan had been introduced to maintain quality decision making while improving the speed of applications through the system. Members noted that the Scottish Government were proposing to tie increases in planning fees to performance and that there would be penalties for Council’s not achieving the required performance levels. The Council’s Planning Framework had been submitted to the Scottish Government and it was hoped that feedback would be received by the end of the year. DECISION NOTED that an update on the ongoing workload of the Development Management Service, and how the Service was performing in terms of speed of service delivery would be presented to the Committee at regular intervals. SITE VISITS 7. The Chairman explained that it was common practice that a site visit be automatically arranged for Wind Farm applications prior to being presented for consideration to the Planning and Building Standards Committee. This practise was time consuming for Officers and Councillors, however it was considered beneficial. Following discussion it was agreed that notification of the site visits should be at least one month prior to the Committee Meeting 2 Item No. 4 and site visits be managed so that they only lasted for either the whole morning or the afternoon. DECISION AGREED as follows;- (a) that site visits in respect of Wind Farm applications continue; and (b) that site visits be arranged for either a morning or afternoon. The meeting concluded at 12.45 p.m. 3 Item No. 4 APPENDIX I APPLICATIONS FOR PLANNING PERMISSION Reference Nature of Development Location 14/00720/FUL Erection of dwellinghouse Garden Ground South of 19 Ettrick Road, Selkirk Decision: Approved subject to the following conditions and informatives subject to the conclusion of a legal agreement in respect of development contributions toward the Borders Railway and education provision: 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. Notwithstanding the description of the materials in the application, the roof shall be constructed in natural slate. No development shall be commenced until precise details of all materials to be used in the construction of the external walls and roofs of the buildings have been submitted to and approved in writing by the Planning Authority, and thereafter no development shall take place except in strict accordance with those details. Reason: The materials require further consideration to ensure a satisfactory form of development, which contributes appropriately to its setting. 3. A footway shall be provided along the frontage of the site which shall be laid out and constructed in accordance with details which shall first have been submitted to and approved in writing by the Planning Authority. The development hereby permitted shall not be brought into use until the said footway has been so provided. Reason: To achieve a satisfactory form of development which makes adequate provision for the safe passage of pedestrians clear of the carriageway. 4. Any boundary gates must not open onto the public highway. Reason: To ensure safety for users of the public highway. 5. Unless otherwise agreed in writing and in advance by the Planning Authority, prior to any development commencing on site, a scheme will be submitted by the Developer (at their expense) to identify and assess potential contamination on site. No construction work shall commence until the scheme has been submitted to, and approved, by the Council, and is thereafter implemented in accordance with the scheme so approved. The scheme shall be undertaken by a competent person or persons in accordance with the advice of relevant authoritative guidance including PAN 33 (2000) and BS10175:2011 or, in the event of these being superseded or supplemented, the most up-to-date version(s) of any subsequent revision(s) of, and/or supplement(s) to, these documents. This scheme should contain details of proposals to investigate and remediate potential contamination and must include:- a) A desk study and development of a conceptual site model including (where necessary) a detailed site investigation strategy. The desk study and the scope and method of recommended further investigations shall be agreed with the Council prior to addressing parts b, c, d, and, e of this condition. and thereafter b) Where required by the desk study, undertaking a detailed investigation of the nature and extent of contamination on site, and assessment of risk such contamination presents. c) Remedial Strategy (if required) to treat/remove contamination to ensure that the site is fit for its proposed use (this shall include a method statement, programme of works, and proposed validation plan). 4 Item No. 4 d) Submission of a Validation Report (should remedial action be required) by the developer which will validate and verify the completion of works to a satisfaction of the Council. e) Submission, if necessary, of monitoring statements at periods to be agreed with the Council for such time period as is considered appropriate
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