Scottish Borders Planning

The council’s Planning Department remains closed to the public with case officers working remotely from home.  Nevertheless, new planning applications continue to be registered and are being processed in as normal a way as possible; applications continue to be publicised on the council’s website and in the local press.  In October, some 134 applications for planning permission and other consents, including listed building and conservation area consents and applications for works to protected trees, were received.  The vast majority of applications related to the erection of single dwellinghouses and alterations and extensions to dwellinghouses, and works to trees.  In Galashiels, revised plans have been submitted for the erection of 20 apartments on the site of the demolished St. Aidan’s Church and Church Hall in Gala Park (SBC Ref: 20/01121/FUL).  A previous application for 24 apartments, submitted in April 2019, was withdrawn.  The revised plans comprise two blocks; 15 units in a 3 and 4 storey building facing onto Gala Park and 5 units in a 2-storey building facing on to the car park on Livingstone Place/St. Andrew Street.

The only other planning application of any particular note was perhaps the application for alterations at Trowmill, outside Hawick, to form storage, display and sales area for Podz R Us (SBC Ref: 20/01163/FUL).  Trowmill was a very successful knitwear factory with a popular restaurant and visitor centre, once employing over 60 staff.  It has been closed for some 10 years.  Podz R Us are manufacturers and distributers of leisure products such as camping pods, garden studios/offices/rooms, saunas, hot tubs, gazebos and garden furniture, and there has been an upsurge in demand for such products as a result of the COVID-19 Pandemic.  Seems like a very appropriate use for this former mill premises and the kind of development that the Scottish Borders should encourage.

Check out the council’s Public Access Portal if you want to find out more about the above applications or any other application submitted in the past month.

The number of applications determined by the Chief Planning and Housing Officer under delegated powers in October, at 119 decisions, continues to lag behind the number of applications received.  Consequently, the backlog continues to grow as a result of COVID-19 restrictions.  In Galashiels, the application by McDonalds for a certificate of lawful existing use that the restaurant and drive-thru at Wilderhaugh could operate round the clock was approved; the Chief Planning Officer accepted that the existing planning permission allowed the restaurant and drive-thru to operate without time limitation (i.e. for 24 hours a day seven days a week) (SBC Ref: 20/01055/CLEU). 

Perhaps the most interesting development granted planning permission this month is for the use of the property ‘Muttonhall’, a five bedroomed dwellinghouse which is located in a remote spot at the head of the Douglas Burn, a side valley of the upper Yarrow Valley, as a guest house (SBC Ref: 20/00140/FUL).  According to the Planning Statement submitted with the application, the proposal is intended to’ provide a hub for an integrated rural tourism enterprise, including a small wedding venue’.  During the 2019 season, the estate within which the property is located hosted 7 shooting parties consisting of between 8 and 12 visitors.  The proposal is intended to increase the number of visiting parties to 12.  The proposed change of use and proposed extension to the dwellinghouse will enable overnight accommodation for between 5 and 8 of the visiting parties.  In addition, it is intended to offer a deer stalking experience during July and August and an exclusive bespoke wedding venue with around 10 weddings a year.  This proposal fits in well with the Scottish Borders Tourism Strategy (2013-2020), which seeks to encourage attractions that increase the volume of overnight visitors.

Three applications were refused planning permission by the Chief Planning and Housing Officer under delegated powers: (i) the erection of a dwellinghouse at Whinneybrae, Skirling in Peeblesshire (SBC Ref: 20/00923/PPP); (ii) the erection of a dwellinghouse at Morebattle, near Kelso (SBC Ref: 20/00028/PPP); and (iii) formation of a dormer at 19 Myrescroft Road, Ancrum, Jedburgh (SBC Ref: 20/00537/FUL).

The Planning and Building Standards Committee met, remotely by Microsoft Teams, on Monday 5 October and considered five planning applications.  The committee granted planning permission for the demolition of the former church building, last used as offices, at West Grove, Melrose and the erection of a four-story retirement housing complex comprising 14 apartments in its place (SBC Ref: 20/00331/FUL).  The committee also agreed to renew the planning permission for a distillery on the site of the former Jedforest Hotel, near Camptown, south of Jedburgh (SBC Ref: 20/00109/FUL).  Plans for a distillery at this location were granted planning permission in January 2017 amidst a great deal of expectation that a first whisky distillery would be established in the Scottish Borders.  Three years later, the plans have not got off the ground, necessitating the application to renew the planning permission (which only lasts for three years).  The committee also granted planning permission for the erection of four poultry sheds, accommodating 37,000 hens and cockerels, delivered at 17 weeks old and bred for 48 weeks producing eggs, at Falsidehill Farm, west of Hume, near Kelso, despite objections from a number of neighbours and a 22,000 signature petition drawn up by People for the Ethical Treatment of Animals, (SBC Ref: 20/00390/FUL).  The egg producer at Hutton Hall Barns, near Hutton in Berwickshire, however, was not as successful.  Two applications by Maclean Eggs Ltd  to erect two further poultry buildings (sheds 5 & 6), each housing 32,000 free-range birds for egg production, were refused planning permission by the committee (SBC Ref: 20/00347/FUL & 20/470/FUL).  The surrounding area hosts numerous large scale poultry buildings and, despite the Chief Planning Officer recommending approval of both applications, the committee decided that the erection of additional poultry sheds in this location would have an unacceptable adverse cumulative impact on the landscape, prime agricultural land and the integrity of local biodiversity.  These decisions were made after a motion to carry out a site visit before making a decision was defeated on the casting vote of the new Chairman. 

The Local Review Body met on 19 October, conducted remotely by Microsoft Teams, and considered two appeals against refusals of planning permission by the Chief Planning Officer under delegated powers.  The LRB upheld the Chief Planning Officer’s decision to refuse an application for the erection of two dwellinghouses at Cowdenburn in Peeblesshire (SBC Ref: 20/00714/PPP & 20/00023/RREF).  The LRB continued the appeal against the Chief Planning Officer’s decision to refuse an application for the erection of a dwellinghouse at Old Belses, near Jedburgh to allow the Road Planning Officer to reassess the road access (SBC Ref: 20/00486/FUL & 20/00022/RREF).

In relation to appeals to Scottish Ministers, only one appeal remains outstanding; the appeal against the council’s refusal of planning permission for the erection of 52 holiday lodges on land north west of Willowdean House, Foulden in Berwickshire (SBC Ref: 20/00067/FUL & DPEA Ref: PPA-140-2081).  A previous application for a similar development was refused planning permission on 2 September 2019; an appeal to Scottish Ministers against that refusal was ruled out of time because it was not submitted within 6 months of the date of refusal by the council, thus prompting the repeat application.  The repeat application was refused by the Planning and Building Standards Committee on 3 August for similar reasons to the previous decision [on the grounds that the proposed holiday lodges are not in keeping with the local environment and would have an unacceptable adverse impact on local infrastructure, specifically the capacity of local roads].

The appeal against the council’s decision to refuse planning permission for the erection of 8 wind turbines at Wull Muir, Heriot was decided on 19 October (DPEA Ref: PPA-140-2080).  The Reporter dismissed the appeal on the grounds that, in this case, the landscape and visual impacts are particularly severe and, whilst the benefits of the scheme are acknowledged, the power generation of the proposal is relatively modest.  The Reporter considered that, whilst it is likely that some landscape capacity does exist in the wider Moorfoot Plateau to accommodate additional large turbines, this particular proposal is sited too close to the escarpment edge.  An interesting decision but does this leave the door open for other proposals?

A decision is also awaited on the application under Section 36 of the Electricity Act 1989 for an expansion of the Crystal Rig Wind Farm in the Lammermuirs, comprising the addition of 11 turbines to the existing 90 turbines (DPEA Ref: WIN-140-8).  The council’s objection relates to the visual impact of the proposed red aviation lights to be fitted to seven of the eleven turbines and the impact on the landscape character of the area.  The Reporters appointed to consider the proposal conducted an unaccompanied inspection of the site and viewpoints on 3 September. 

The Proposed Local Development Plan (LDP2) was approved by the council at its meeting on 25 September 2020.  When published, LDP2 will be made available for representations for a period of 12 weeks.  According to the report submitted to the council, alongside the formal adverts in the press and the council’s website, the Plan will be made available for inspection at all public libraries and council contact centres if current COVID-19 restrictions allow.  Consultations will be carried out with the Scottish Government, key statutory agencies, neighbouring planning authorities and community councils as wells as public organisations and businesses and those members of the public who have expressed an interest in the LDP process and have submitted representations in response to the Main Issues Report (MIR).  Due to COVID-19 restrictions, the usual public consultation events/meetings/exhibitions are not possible.  Public consultation is therefore to be carried out via online video presentations; the details of which will be confirmed through press releases and the council’s website.  The presentations will provide information on the background and purpose of the LDP, how it can be viewed and how representations can be submitted.  It is envisaged that it will be some time next year (2021) before a report on the representations received is available, after which the council must decide how to proceed; amend the LDP in light of the representations received or submit the LDP to a Scottish Government Reporter for examination.

LDP2 is based on population estimates and projections by National Records of Scotland, which show that the population of the Scottish Borders has increased from 114,840 in 2014 to 115,020 in 2018 and is projected to increase by 1,757 (1.5%) to 116,777 by 2026.  The figures project an increasingly ageing population with a 28.6% increase in the number of people aged 75 and older (from 12,200 persons to 15,700 persons).  The Scottish Government projects that the number of households will increase by 2,084 (3.8%) to 56,497.  Based on the population and household projections, additional housing will be required to meet the needs of an ageing population and an increase in smaller households.

LDP2 sets out a range of policies to address the future planning of the Scottish Borders under the following headings: Placemaking and Design; Economic Development; Housing Development; Environmental Promotion and Protection; and Infrastructure and Standards. 

The spatial strategy directs growth to three Strategic Development Areas (SDAs): Central Borders based on the Galashiels/Selkirk/Hawick/Jedburgh/Kelso area; Western Borders based on Peebles/Innerleithen; and Eastern Borders based on Eyemouth/Duns.  SDAs provide the focus for retail, commercial and strategic opportunities.  Improved connectivity from Edinburgh to the north and from Newcastle and Carlisle to the south is recognised as being essential for future economic growth in the area.  Dualling of the A1 and an A7 by-pass for Selkirk are therefore seen as essential components of the road transport network.  Scottish Borders Council continues to campaign for the reinstatement of the railway line between Tweedbank and Carlisle via Hawick as well as an improved rail service for the Berwickshire communities with a rail halt at Reston.  The potential reinstatement of the former railway line from St. Boswells to Berwickshire via Kelso is also being considered. 

However, little consideration seems to be given to the improvement of transport links between the three SDAs, particularly the link to the west of the Central Borders, i.e. the A72 from Galashiels westwards to Peebles and beyond, or to improvements to the A703 between Peebles and Edinburgh [would there be merit in examining the possibility of reinstating the rail link between Peebles and Edinburgh via Penicuik, given the amount of commuting between Peebles and the Lothians?]  In the distant past, by-pass proposals have been put forward for both Innerleithen and Walkerburn where there are obvious bottlenecks.

There is a recognised need for further land for business and industry within the Peebles area and in Galashiels.  A large area at Tweedbank has already been identified to accommodate a range of uses.  Perhaps, one of the main challenges is deciding on the future pattern of development in the Peebles area.  LDP2 identifies additional land for business and industry at Eshiels with land at Nether Horsburgh (opposite Cardrona) identified for longer term development.  Due to the continuing uncertainty over the prospects for a new bridge over the Tweed in Peebles [when is the council going to bite the bullet] any development south of the river is limited.

The council’s local housing strategy identifies the need for further affordable housing, the provision of housing for the elderly, accessible housing for younger people and the need for housing supply to reflect demand (housing supply should be in the right place).  There is also a requirement that sites allocated within the LDP should not only be capable of being developed but also will be developed.  Sites which have been allocated within the LDP for some time can, therefore, be removed.  Five such long-standing sites that remain undeveloped have been removed from LDP2.  Sixteen new sites, including one mixed-use site, have been added! 

There was a bid to remove the proposed housing site at Netherbarns, Galashiels from the LDP, when it was considered by the full council on 25 September, but Galashiels Councillor Sandy Aitchison was unsuccessful.  Councillors voted 18 votes to 11 to retain Netherbarns in the new LDP, despite a previous Government Reporter ruling against the site when it was previously considered for inclusion in the LDP.  Developers have attempted to build houses on this site a number of times since 2006 without success, and many people consider that any development on this site would have a detrimental impact on Abbotsford House, the home of Sir Walter Scott.  This issue will no doubt run and run for some time yet.

According to the LDP, the vision for communities continues to seek to ensure that new development is located and designed in a manner which respects the character, appearance and amenity of the built and natural heritage of the area and that good placemaking and design principles continue to be implemented.  The LDP therefore seeks to build sustainable communities which are attractive and distinctive and create places to live in accordance with good placemaking and design principles.  It is interesting to read, therefore, that Tom Miers, the former chair of the Planning and Building Standards Committee [which arbitrates on planning applications for housing and other development], on losing his post bemoaned the standard of design of new housing: ‘the identikit housing estates’ put forward by developers that are ‘bland, uninspiring and downright ugly’; a sentiment that many may agree with!  So why don’t the committee put there foot down, if this is the case, and implement the policies stated in their LDP.

The changing role of town centres and the underperformance of some of them is a major test for the council as planning authority.  A one year pilot study has been put in place to assess the impact of loosening the policy on the core activity areas, which restricts changes of use from retail to other uses, of Hawick and Galashiels.  For this pilot period, the core activity area for Hawick was completely removed, and a wide range of non-retail uses has been allowed in Galashiels core activity area.  The LDP now proposes that the core activity area of Hawick (and Stow) be permanently removed.  The LDP proposes that the core activity area of Galashiels be reduced in area by the removal of Channel Street and Douglas Bridge area.  In the remaining part of the Galashiels core activity area (essentially Bank Street) and in Melrose, Selkirk, Duns, Eyemouth, Jedburgh, Kelso and Peebles core activity areas, the policy remains essentially unchanged but with a wider range of uses allowed.  However, in Peebles, Kelso and Melrose, which continue to perform well, there will be a higher level of protection of retail uses than in Galashiels, Selkirk, Jedburgh, Eyemouth and Duns.

Delivering sustainability and mitigating the causes of climate change are fundamental requirements of the LDP.  National planning policy and guidance also supports renewable energy, both on-shore and off-shore (a delicate subject in the Scottish Borders).  The LDP therefore promotes improved connectivity and the reduction in travel by car (not always an easy option in this rural area).  Although, this may not always appear to be the case from decisions of the Planning and Building Standards Committee, the LDP supports all types of renewable energy developments within appropriate locations.  Supplementary Guidance, produced in 2018, provides advice on the matters to be addressed when putting forward renewable energy proposals.  Flood risk remains a primary issue for both developers and the council and is a major issue in determining the future pattern of development.

The LDP also includes policies based on the principles of sustainable land use in order to protect areas of nature conservation, protected species, local biodiversity and geodiversity, landscape, countryside arounds towns, the built heritage, greenspace, woodlands and forestry and the coast.  The LDP makes reference to the proposed Scottish Borders National Park commissioned by a local campaign group but does not offer a view on this proposal.  The area proposed seems to extend over much of the southern part of the Scottish Borders but excludes the Tweed Valley (Forest Park), which is a major recreational resource, as well as the beautiful Ettrick and Yarrow Valleys.  Given the attractiveness of these areas and the tourist and recreational pressures exerted on them, one might ask why National Park designation is not being contemplated for these areas.

LDP2 has been prepared taking account of a wide range of background and supporting studies and these can all be accessed from the council’s website.  The challenge, now,  is for the council to engage with the people it serves taking account of the restrictions imposed by Scottish Government in response to the COVID-19 pandemic.  The existing adopted LDP will be five years old in May next year and thus extend beyond the usual timeframe of 5 years.  Notwithstanding the present emergency, the planning system has to continue to perform its role of guiding the future use and development of land within the Scottish Borders.  An up-to-date local development plan is, therefore, crucial.  Let us hope it is not too long before we hear further on the process and timing of the public consultation on this important planning document.

The council’s Planning Department remains closed to the public with case officers working remotely from home.  Nevertheless, new planning applications continue to be registered and are being processed in as normal a way as possible; applications continue to be publicised on the council’s website and in the local press.  Perhaps the most notable thing to happen this month has been the replacement of the Chair of the Planning and Building Standards Committee.  At its meeting on 27 August, the Council approved changes to the titles and responsibilities of its senior councillors with Simon Mountford, Councillor for Kelso, being appointed the Executive Member for Enhancing the Built Environment and Natural Heritage (previously Planning and Environment), and Chair of the Planning and Building Standards Committee and Local Review Board (LRB).  Tom Miers, Councillor for Leaderdale and Melrose, has been removed from his chairmanship of the committee and the LRB and, indeed, from both committees!  He has been replaced on the committee by Donald Moffat, a long-standing member from Coldstream.

According to the local press, Tom Miers had no fore-knowledge of the proposed change by the council’s ruling group and has no idea why he was removed from his chairmanship of the Planning and Building Standards Committee;  “I’ve had no real explanation of why I was removed” he told the Border Telegraph.  Apparently, council leader Shona Haslam, who proposed the change, regarded Mr. Miers as an “excellent” planning chairman.  The council leader has, for a couple of years, wanted to bring the environment into more of a central focus of the council.  Clearly, the powers that be felt that Tom Miers was not the man to do it.  How appointing Simon Mountford in place of Tom Miers will help to achieve this, will have to be seen.

In September, some 140 applications for planning permission and other consents, including listed building and conservation area consents and applications for works to protected trees, were received.  The vast majority of applications related to the erection of single dwellinghouses and alterations and extensions to dwellinghouses, and works to trees.  There were a number of interesting applications, however: (i) the demolition of a dwellinghouse (Balgownie) in Newtown St. Boswells and its replacement by 13 dwellinghouses (SBC Ref: 20/01070/PPP); (ii) the erection of 13 dwellinghouses on land at Stagehall, Stow (SBC Ref: 20/01053/FUL) [this application replaces a previous application for 16 dwellinghouses which has been withdrawn]; and (iii) the erection of a factory and office facility on land at Tweedbank Industrial Estate previously set aside as a landscape strip alongside the A6091 to screen the industrial estate (SBC Ref: 20/01019/FUL).  In Galashiels, an application has been submitted for a certificate of lawful use for the unrestricted use (24 hours) of the McDonald’s Restaurant on Wilderhaugh.  Planning permission for the take-away was granted in October 2000 without any time restrictions.  Currently it is open from 5.00am to midnight.  Anti-social and litter issues have been associated with the premises in the past.

There has been a surge in wind farm applications recently, for both on-shore and off-shore developments.  In September, an application was submitted for a scoping opinion on a proposed development of 27 turbines with a maximum height to blade tip of 200 metres, on land west of the Crook Inn in Upper Tweedsmuir (SBC Ref: 20.01071/NECON).  The Grayside Wind Farm would be located immediately north of the Clyde and Clyde Extension Wind Farms in South Lanarkshire (which comprise some 200 turbines) and west of the Glenkerie and Glenkerie Extension Wind Farms, which overlook the A701 Moffat to Edinburgh Road.  The council has also been consulted on an application to Scottish Ministers for a 242 off-shore wind farm development, with a maximum blade tip height of 310 metres (the Berwick Bank Wind Farm), which lies some 40km east of the East Lothian coast.

Also in Peeblesshire, a Proposal of Application Notice has been received by the council for a proposed sand and gravel working on 35 hectares (80+ acres) land to the west of Slipperfield Loch, South Slipperfield, near West Linton (SBC Ref: 20/01158/PAN).  West Linton and Lamancha, Newlands and Kirkurd Community Councils have been consulted.  Details of the proposal are available for viewing and download from the agent, Dalgleish Associates Ltd.’s website www.dalgleishassociates.co.uk.  It is proposed to undertake a live and interactive web-based consultation on Tuesday 20 October 2020 between 6.00pm and 8.00pm.  A link to the consultation will be placed on the Dalgleish Associates webpage at least 48 hours prior to the event.  A public notice will be placed in the Peeblesshire News advertising the pre-application consultation and the interactive web-based consultation.  So don’t miss it if you are interested in this major proposal on the edge of the Pentland Hills!

Check out the council’s Public Access Portal if you want to find out more about the above applications or any other application submitted in the past month.

The number determined by the Chief Planning and Housing Officer under delegated powers in September, less than 100 decisions, continues to fall below the number of applications received.  Consequently, the backlog continues to grow as a result of COVID-19 restrictions.  No applications were refused planning permission by the Chief Planning and Housing Officer under delegated powers.

The Planning and Building Standards Committee met, remotely by Microsoft Teams, on Monday 7 September and considered seven planning applications; approving five of them, one was refused and one was continued for further information.  The committee granted planning permission for: (i) the erection of an office and storage building at Gunsgreen Quay, Eyemouth in connection with the Neart No Gaoithe off-shore wind farm (SBC Ref: 20/00523/FUL); (ii) the construction of a slurry lagoon at Legars Farm Hume, near Kelso (SBC Ref: 20/00413/FUL); (iii) erection of 4 dwellinghouses at The Orchard, Back Road, Newstead, near Melrose (SBC Ref: 19/01138/FUL); (iv) erection of dwellinghouse at the former police station on Greenside Park, St. Boswells (SBC Ref: 19/00819/FUL); and (v) car parking on a site at St. Boswells Toyota Garage, required because of COVID-19 social distancing requirements, with planning permission as a demonstration and training area for electric/hybrid cars (SBC Ref: 20/00611/FUL).  The committee refused planning permission (by 5 votes to 2) for the erection of a dwellinghouse on a small infill site near Lower Green in West Linton.  Interestingly, this decision was against the recommendation of the Chief Planning Officer to approve the application and against the wishes of the new Chair of the committee, who seconded the motion to approve the application as per the officer recommendation.

Also at its meeting on 7 September, the Planning and Building Standards Committee was made aware of the preparation of two Indicative Regional Spatial Strategies (IRSS); the Scottish Borders is in a unique position in that it is involved in two such spatial strategies, required to inform the Scottish Government in its development of a National Planning Framework for the whole of Scotland.   The IRSS for the South of Scotland has been prepared jointly with Dumfries and Galloway Council and the IRSS for the South East of Scotland in association with the other five authorities that comprise the South East of Scotland Plan Area (SESplan) (City of Edinburgh, West Lothian, Midlothian, East Lothian and Fife Councils).  Regional Strategies replace the previous joint Strategic Development Plans prepared by the SESPlan Authorities.  Both strategies were presented to the full council at its meeting on 25 September (see separate report on Development Planning: September 2020!)

The Local Review Body met on 21 September, conducted remotely by Microsoft Teams, to consider two appeals against refusals of planning permission by the Chief Planning Officer under delegated powers.  The LRB reversed both of the Chief Planning Officer’s decisions and granted planning permission for: (i) the erection of 15 holiday huts on land at Wester Deans, West Linton [North Clioch] in Peeblesshire (SBC Ref: 19/01256/FUL & 20/00019/RREF); and (ii) the siting of 3 glamping pods on land at Stouslie Farm, south of Hawick (SBC Ref: 20/00343/FUL & 20/00021/RREF).  There has been a recent explosion in applications for glamping pods and similar holiday accommodation in the more remote parts of the Scottish Borders recently, most of which have been approved.  Changed days from the 1970s and 1980s when planning policy was to restrict dispersed hutted development in the countryside and seek to consolidate such developments to specific locations with easy access from the main tourist routes and where services and facilities could be provided.

In relation to appeals to Scottish Ministers, two appeals to Scottish Ministers remains outstanding.  As expected, an appeal has been submitted against the council’s refusal of planning permission for the erection of 52 holiday lodges on land north west of Willowdean House, Foulden in Berwickshire (SBC Ref: 20/00067/FUL & DPEA Ref: PPA-140-2081).  A previous application for a similar development was refused planning permission on 2 September 2019; an appeal to Scottish Ministers against that refusal was ruled out of time because it was not submitted within 6 months of the date of refusal by the council, thus prompting the repeat application.  The repeat application was refused by the Planning and Building Standards Committee on 3 August for similar reasons to the previous decision [on the grounds that the proposed holiday lodges are not in keeping with the local environment and would have an unacceptable adverse impact on local infrastructure, specifically the capacity of local roads].

The appeal against the council’s decision to refuse planning permission for the erection of 8 wind turbines at Wull Muir, Heriot also remains outstanding (DPEA Ref: PPA-140-2080).  An unaccompanied  site inspection has now been held and the Reporter is writing up his decision.  The application for a proposed retail store and restaurant on Commercial Road, Hawick, notified to Scottish Ministers because of flooding concerns, is also proceeding (DPEA Ref: NA-SBD-056).  The Reporter has confirmed that he should be in a position very shortly to submit his report to Ministers, who will make the final decision in this case..

Following the receipt of objections from Scottish Borders Council in April 2019, a hearing was held on 10 March 2020 in Duns in relation to an application for an expansion of the Crystal Rig Wind Farm in the Lammermuirs, comprising the addition of 11 turbines to the existing 90 turbines (DPEA Ref: WIN-140-8).  The council’s objection relates to the visual impact of the proposed red aviation lights to be fitted to seven of the eleven turbines and the impact on the landscape character of the area.  The Reporters appointed to consider the proposal conducted an unaccompanied inspection of the site and viewpoints on 3 September.  A test light was fitted to an existing turbine and the Reporters viewed the test light between 8.30pm and 9.00pm from the vicinity of Whitekirk in East Lothian.

Scottish Borders Council’s Development Plan Scheme, approved in March 2019, indicated that the Proposed Local Development Plan (LDP2) would be published towards the end of 2019 with formal consultation during the winter of 2019/2020.  Local Development Plans (LDP) require to comply with the Strategic Development Plan (SDP) for the area.  The Strategic Development Plan for south-east Scotland (SDP1) was approved in June 2013 and is considerably out of date and Scottish Ministers rejected the proposed replacement SDP (SDP2), produced by the South East of Scotland Planning Authorities (SESplan), in May 2019.  This rejection was primarily on the grounds that the SDP did not take sufficient account of the relationship between land use and transport.  This decision had major implications for Scottish Borders Council in its review of the Local Development Plan. 

Furthermore, the Planning (Scotland) Act 2019, which received Royal Assent on 25 July 2019, proposed to abolish SDPs and replace them with Regional Spatial Strategies (RSS), a long-term spatial strategy document required to inform the Scottish Government in its development of a National Planning Framework for the whole of Scotland.  The formal duty to prepare Regional Spatial Strategies has not yet been enacted but the Scottish Government expects planning authorities to prepare indicative or interim strategies for their area.  The Scottish Borders is in a unique position in that it is involved in two such spatial strategies and at its meeting on 25 September 2020, the council was asked to approve two Indicative Regional Spatial Strategies (IRSS).  The IRSS for the South of Scotland has been prepared jointly with Dumfries and Galloway Council and the IRSS for the South East of Scotland in association with the other five authorities that comprise the South East of Scotland Plan Area (SESplan) (City of Edinburgh, West Lothian, Midlothian, East Lothian and Fife Councils). 

The South of Scotland IRSS and the South East Scotland IRSS will be taken into account by the Scottish Government in its review of the National Planning Framework (NPF4); the draft NPF4 is not expected to be considered by the Scottish Parliament until autumn 2021, with the final document to be tabled for parliamentary approval in spring 2022.  The South of Scotland IRSS adopts the proposed NPF4 themes of climate change, economy, people, place and connectivity.  It identifies a number of strategic developments across the south of Scotland, including Tweedbank Business Park, Innerleithen Mountain Biking Centre, dualling of the A1, a Selkirk By-pass on the A7 and a new bridge over the Tweed in Peebles.  The majority of developments identified in the IRSS are projects and programmes identified through the Borderlands Inclusive Growth Deal.  The South East Scotland IRSS builds on the strategy of the approved Strategic Development Plan.  The key themes are regional recovery and renewal, a more adaptable, resilient region and an accessible region.  These reports may seem somewhat esoteric to the layman, and indeed to some councillors, but they set out the overall aims and vision for the area against which decisions are made on more specific development proposals and decisions are made on financial assistance from Government.

Back to the Local Development Plan (LDP2); the Main Issues Report (MIR), an important stage in the preparation of a local development plan, was the subject of a 12 week consultation period that closed on 31 January 2019 and in excess of 300 consultation responses were received.  The MIR was prepared to reflect the key objectives of the proposed replacement SDP (SDP2 and stated that the Proposed Local Development Plan (LDP2) would take account of the provisions of the submitted SESplan2 and any amendments made by Scottish Ministers.  The Scottish Ministers decision in May 2019 to reject the proposed SDP had major implications for the progress of the LDP2 and for the local development plans of the other planning authorities within the SESplan area.  Consequently, the strategic development plan (SDP1), approved in June 2013 together with the associated Housing Land Supplementary Guidance, adopted in October 2014, remains the relevant strategic planning guidance for the south east of Scotland and the local development plan.  However, supporting documents prepared as part of the production of SDP2, such as the Housing Needs and Demands Assessment are also relevant.

The Proposed Local Development Plan (LDP2) was due to be presented to the full Council meeting in March 2020 for approval and then distributed for formal public consultation.  The intervention of the Covid-19 pandemic and the resultant lockdown meant that all Council meetings were cancelled.  Meetings have now recommenced, remotely by Microsoft Teams, and the Proposed Local Development Plan (LDP2) was approved by the council at its meeting on 25 September 2020.  See my blog on the Proposed Local Development Plan 2020 for a summary of the main policies and proposals.

When published, the Local Development Plan (LDP2) will be made available for representations for a period of 12 weeks.  According to the report submitted to the council, alongside the formal adverts in the press, and the council’s website, the Plan will be made available for inspection at all public libraries and council contact centres if current COVID-19 restrictions allow.  Consultations will be carried out with the Scottish Government, key statutory agencies, neighbouring planning authorities and community councils as wells as public organisations and businesses and those members of the public who have expressed an interest in the LDP process and have submitted representations in response to the MIR.  Due to COVID-19 restrictions, the usual public consultation events/meetings/exhibitions are not possible.  Public consultation is therefore to be carried out via online video presentations; the details of which will be confirmed through press releases and the council’s website. The presentations will provide information on the background and purpose of the LDP, how it can be viewed and how representations can be submitted.  It is envisaged that it will be some time next year (2021) before a report on the representations received is available, after which the council must decide how to proceed; amend the LDP or submit the Plan to a Scottish Government Reporter for examination.

The council’s Planning Department remains closed to the public with case officers working remotely from home.  Nevertheless, new planning applications continue to be registered and are being processed in as normal a way as possible; applications continue to be publicised on the council’s website and in the local press.  In August, 135 applications for planning permission and other consents, including listed building and conservation area consents and applications for works to protected trees, were received, above the average level of around 100-120 applications per month; perhaps illustrating the urge of developers and the general public, after almost 6 months of near stand-still, to get back to normal.  However, the number decided, at just 73 decisions shows that the planning system is not operating to its full capacity under COVID-19 regulations.  Working from home and restrictions on meetings and site visits means that the number of outstanding applications continues to rise as a result of the delays imposed by Government restrictions. 

The vast majority of applications received in August related to the erection of single dwellinghouses and alterations and extensions to dwellinghouses, and works to trees.  The Scottish Borders continues to be attractive to wind farm operators; the latest proposed development comprises 12 turbines with a maximum tip height of 180 metres on land north and east of Holylee, Walkerburn in Peeblesshire [Scawd Lee Wind Farm].  Scottish Borders Council has been consulted on the scope of the environmental impact assessment of this proposed development under Section 36 of the Electricity Act 1989 (SBC Ref: 20/00880/SCO).  Scawd Law Wind Farm was originally proposed in 2017 and discussions were held with key stakeholders on an 18 turbine project.  Following a review of the original proposal, the scheme has been reduced to 12 turbines.  The production of an Environmental Impact Assessment is a fundamental requirement for such developments prior to the submission of a planning application.  Any such proposal must also be the subject of pre-application consultation with the local community prior to the submission of any planning application.

Check out the council’s Public Access Portal if you want to find out more about the above applications or any other application submitted in the past month.

During August, 73 applications were determined by the Chief Planning and Housing Officer under delegated powers.  Two applications were refused planning permission by the Chief Planning and Housing Officer under delegated powers: (i) the change of use of caravan site to builders yard and caravan/camper van storage, Peebles Road, Galashiels (SBC Ref: 20/00672/FUL); and (ii) the erection of two dwellinghouses on land at Cowdenburn, West Linton, Peeblesshire (SBC Ref: 20/00714/PPP).  The Planning and Building Standards Committee met, remotely by Microsoft Teams, on Monday 3 August and considered one planning application; the repeat application for the erection of 52 holiday lodges on land north west of Willowdean House, Foulden in Berwickshire (SBC Ref: 20/00067/FUL).  A previous application for a similar development was refused planning permission on 2 September 2019; an appeal to Scottish Ministers against that refusal was ruled out of time because it was not submitted within 6 months of the date of refusal by the council, thus prompting a repeat application.  The repeat application was refused by the Planning and Building Standards Committee on 3 August for similar reasons to the previous decision [on the grounds that the proposed holiday lodges are not in keeping with the local environment and would have an unacceptable adverse impact on local infrastructure, specifically the capacity of local roads] and, as expected, an appeal has been submitted to Scottish Ministers (DPEA Ref: PPA-140-2081).

The Local Review Body met on 17 August, conducted remotely by Microsoft Teams, to consider three appeals against refusals of planning permission by the Chief Planning Officer under delegated powers.  The LRB reversed the Chief Planning Officer’s decision in two cases and granted planning permission for: (i) the change of use of part of the Buccleuch Hotel in Hawick to a joinery workshop (SBC Ref: 19/01784/FUL); and (ii) the erection of a treehouse and walkway for holiday accommodation at Sandystones Farmhouse, Ancrum, Jedburgh (SBC Ref: 20/00132/FUL). The LRB continued consideration of the appeal against the refusal of planning permission for the erection of a dwellinghouse at Clifton Cottage, Kirk Yetholm pending a site visit (SBC Ref: 20/00453/FUL). 

In relation to appeals to Scottish Ministers, the appeal against the serving of an enforcement notice alleging the erection of a building without planning permission at Linthaugh Farm Cottage, Jedburgh  was dismissed on 28 August (DPEA Ref: ENA-140-2015).  The Reporter dealing with the appeal upheld the enforcement notice and directed that the unauthorised building should be removed within 6 months.  It will be interesting to see if the council pursues the enforcement notice.

The issue of planning enforcement in the Scottish Borders has hit the national and local press in recent weeks.  There has been a great deal of publicity recently in relation to unauthorised house parties (unauthorised in relation to COVID-19 Regulations) in various parts of Scotland.  Press attention has been drawn to the continued use of a property in West Linton for hosting parties of 20 plus revellers.  Avid readers of this blog will perhaps recollect that Scottish Borders Council, in response to a rising tide of objections from neighbours, served an enforcement notice on the proprietor of Greenloaning on The Loan in West Linton in November 2018 to cease the use of the house for short stay commercial visitor accommodation (house parties).  In 2017, the property had been let on 35 separate occasions, on 34 of these occasions for 3 nights only.  The house was advertised as being able to accommodate 15-30 guests [the master bedroom being advertised with 6 double beds!].  An appeal to Scottish Ministers [the Scottish Government’s Planning and Environmental Appeals Division] was dismissed in April 2019.  The decision of the Government Reporter to dismiss the appeal and direct that the enforcement notice be upheld and the use cease within 2 months [end of June 2019] was challenged in the Court of Session.  The proprietor appealed to the Court on the basis that the property had been used for more than 10 years before the date of the enforcement notice and was therefore exempt from enforcement action.  However, the Court was not convinced by the appellant’s arguments and the appeal was refused on 30 January 2020.

According to press reports, whilst the use of the property for house parties was paused at the beginning of lockdown in March, these resumed on 10 July and the police have been called out numerous times since then.  According to a spokesperson for SBC: “The council has been made aware of these concerns and is working with partners to seek to bring a resolution to the matter”.  Failure to comply with an enforcement notice is a criminal offence, which can lead to a fine of up to £20,000 in the Sheriff Court.  It will be interesting to see what action the council takes in response to the continued use of the property for house parties; will it enforce planning law or remain impotent in the face of continued breaches of planning regulations.  No doubt, the affected neighbours will be keen to know.

One appeal to Scottish Ministers remains outstanding:  against the decision to refuse planning permission for the erection of 8 wind turbines at Wull Muir, Heriot (DPEA Ref: PPA-140-2080).  The application for a proposed retail store and restaurant on Commercial Road, Hawick, notified to Scottish Ministers because of flooding concerns, is also proceeding (DPEA Ref: NA-SBD-056).  Comments are being exchanged and an unaccompanied site visit is to be made by the Reporter delegated to deal with the case.

Following the receipt of objections from Scottish Borders Council in April 2019, a hearing was held on 10 March 2020 in Duns in relation to an application for an expansion of the Crystal Rig Wind Farm in the Lammermuirs, comprising the addition of 11 turbines to the existing 90 turbines (DPEA Ref: WIN-140-8).  The council’s objection relates to the visual impact of the proposed red aviation lights to be fitted to seven of the eleven turbines and the impact on the landscape character of the area.  The Reporters appointed to consider the proposal conducted an unaccompanied inspection of the site and viewpoints on 3 September.  A test light was fitted to an existing turbine and the Reporters viewed the test light between 8.30pm  and 9.00pm from the vicinity of Whitekirk in East Lothian.

The council’s Planning Department remains closed to the public with case officers working remotely from home.  Nevertheless, new planning applications continue to be registered and are being processed in as normal a way as possible; applications continue to be publicised on the council’s website and in the local press.  In July, 107 applications for planning permission and other consents, including listed building and conservation area consents and applications for works to protected trees, were received, about the average level of around 100-120 applications per month.  However, the number decided, at just 82 decisions means that the number of outstanding applications continues to rise as a result of the delays imposed by Government restrictions on working.  Furthermore, there was no meeting of the Planning and Building Standards Committee for the second month in a row.  The Local Review Body met twice in July, conducted remotely by Microsoft Teams, to consider appeals against refusals of planning permission by the Chief Planning Officer under delegated powers.

The vast majority of applications received in July related to the erection of single dwellinghouses and alterations and extensions to dwellinghouses, and works to trees.  The stand-out application, which will be of particular interest to residents of Peebles, is that for the erection of 22 dwellinghouses on land on the east side of the Edinburgh Road (SBC Ref: 20/00753/FUL).  This site has been the subject of interest to housing developers for a number of years and all previous applications have been strenuously rebuffed.  This particular development was the subject of a public consultation, including a public event in November 2019, which generated considerable objection.  A large number of objections to the proposed development have already been received, so no doubt this application will be on the agenda of a future Planning and Building Standards Committee.

Check out the council’s Public Access Portal if you want to find out more about the above applications or any other application submitted in the past month.

During July, 82 applications were determined by the Chief Planning and Housing Officer under delegated powers.  Four applications were refused planning permission by the Chief Planning and Housing Officer under delegated powers: (i) the erection of a dwellinghouse at Old Belses, Jedburgh (SBC Ref: 20/00486/FUL); (ii) the erection of a boundary fence at 5 Coatburn Green, Darnick, Melrose (SBC Ref: 20/00491/FUL); (iii) the formation of a new boundary fence at 1 Forley’s Field, Goslawdales, Selkirk (SBC Ref: 20/00472/FUL); and (iv) the siting of three glamping pods on land south west of Stouslie Farmhouse, Hawick (SBC Ref: 20/00343/FUL).

The Local Review Body (LRB) met, remotely, on 13^th and 15^th July and considered six appeals, in total, against the Chief Planning and Housing Officer’s decisions to refuse planning permission under delegated powers.  The LRB reversed the Chief Planning Officer’s decision to refuse planning permission for the erection of a dwellinghouse at Thickside, Jedburgh (SBC Ref: 20/00235/PPP) and for a motor display and car sales building at Riverside, Jedburgh (SBC Ref: 20/00283/FUL) and granted planning permission for these developments.  The LRB also reversed the Chief Planning Officer’s decision to refuse planning permission for the change of use of a flat to business use at Shawburn Road, Selkirk and granted planning permission, for a temporary period of five years, for the use of the flat for textiles sales on weekdays only (SBC Ref: 19/01579/FUL).  The LRB upheld the Chief Planning Officer’s decision to refuse planning permissions for the erection of a dwellinghouse on land at Mill Lade, Blyth Bridge, Peeblesshire due to flooding concerns (SBC Ref: 19/01645/FUL) and his decision to refuse planning permission for the erection of a dwellinghouse at the disused sawmill, Cowdenknowes, Earlston due to the design of the proposed building (SBC Ref: 19/01611/FUL).

Two appeals to Scottish Ministers remain outstanding: (i) against the serving of an enforcement notice alleging the erection of a building without planning permission at Linthaugh Farm Cottage, Jedburgh (DPEA Ref: ENA-140-2015); and (ii) against the decision to refuse planning permission for the erection of 8 wind turbines at Wull Muir, Heriot (DPEA Ref: PPA-140-2080).  The application for a proposed retail store and restaurant on Commercial Road, Hawick, notified to Scottish Ministers because of flooding concerns, is also proceeding (DPEA Ref: NA-SBD-056).  Comments are being exchanged and an unaccompanied site visit is to be made by the Reporter delegated to deal with the case.

Following the receipt of objections from Scottish Borders Council in April 2019, a hearing was held on 10 March 2020 in Duns in relation to an application for an expansion of the Crystal Rig Wind Farm in the Lammermuirs, comprising the addition of 11 turbines to the existing 90 turbines (DPEA Ref: WIN-140-8).  The council’s objection relates to the visual impact of the proposed red aviation lights to be fitted to seven of the eleven turbines and the impact on the landscape character of the area.  In view of the Covid-19 Government restrictions, the Reporters propose to conduct an unaccompanied inspection of the site and viewpoints sometime during August.  A test light is to be fitted to an existing turbine and the Reporters intend to view the test light after sunset from a number of viewpoints.

 

The council’s Planning Department remains closed to the public with case officers working remotely from home.  Nevertheless, new planning applications have continued to be registered and are being processed in as normal a way as possible; applications continue to be publicised on the council’s website and in the local press.  In June, the number of applications for planning permission and other consents, including listed building and conservation area consents and applications for works to protected trees, received during the month returned to the usual level of around 100-120 applications per month, with 118 applications.  However, the number decided, at just 75 decisions means that the number of outstanding applications is rising as a result of delays imposed by Government restrictions on working.  Site visits are not being undertaken and decisions on applications are, inevitably, taking longer.  Furthermore, there was no meeting of the Planning and Building Standards Committee in June and none is programmed for July.  Although a meeting of the Local Review Body (LRB) went ahead on 1 June, conducted remotely by Microsoft Teams, that programmed for 15 June was cancelled.  The next meeting of the LRB is programmed for 13 July.

The vast majority of applications received in June related to the erection of single dwellinghouses and alterations and extensions to dwellinghouses, and works to trees.  Of particular note is an application, on behalf of Waverley Housing, for the demolition of the existing flats at Beech Avenue in Langlee, Galashiels and the erection of 109 new houses incorporating amenity housing (SBC Ref: 20/00665/FUL).  The existing development has had a certain reputation stemming from the levels of anti-social behaviour and problematic tenants.  The proposed regeneration replaces 263 homes (140 maisonettes, 87 flats and 36 patio houses) with 213 homes consisting of 44 maisonettes, 48 flats, 36 patio houses and 85 terraced houses.  The mix of housing will reduce the number of maisonettes and flats served by communal stairs in favour of larger family homes with ground level access and private gardens.

Notification has been received of a proposal for a wind farm of 15 turbines with a maximum tip height of 180 metres at Greystone Knowe, south west of Brockhouse Farmhouse, Fountainhall, north of Stow (SBC Ref: 20/00593/SCO).  The proposal, with an expected capacity in excess of 50 MW, requires the consent of Scottish Ministers under section 36 of the Electricity Act 1989.  Scottish Borders Council is a consultee and should it object to the proposal, a public inquiry or hearing is likely.  At this stage, the council has been consulted on the scope of the environmental impact assessment of the potentially significant effects of the proposal.  In accordance with established practice, the applicant is planning to arrange a series of public consultation events, preceded by a newsletter.  In view of the Covid-19 restrictions, any public consultation is likely to be based on remote/virtual methods.  Look out for the press coverage!

Check out the council’s Public Access Portal if you want to find out more about the above applications or any other application submitted in the past month.

During June, only 75 applications were determined by the Chief Planning and Housing Officer under delegated powers, somewhat less than the usual rate of decision making (100 per month).  Five applications were refused planning permission by the Chief Planning and Housing Officer under delegated powers; four relating to the erection of dwellinghouses: (i) the erection of a dwellinghouse at Clifton Cottage, High Street, Kirk Yetholm (SBC Ref: 20/00453/FUL); (ii) the erection of a dwellinghouse at Beechhurst Lodge, Hawick (SBC Ref: 20/00431/PPP); (iii) the erection of a dwellinghouse on plot 4 at Hume Hall Holdings, Hume, Kelso (SBC Ref: 19/01783/PPP); and (iv) the erection of a dwellinghouse on plot 5 at Hume Hall Holdings, Hume, Kelso (SBC Ref: 19/01782/PPP).  The erection of a 17.5m high 5G telecommunications mast at Queen Street, Galashiels was refused permission on the grounds that the mast would have an unacceptable and harmful visual impact on the surrounding area due to its height and bulk (SBC Ref: 20/00417/C67).

The Local Review Body (LRB) met, remotely, on 1 June and considered five appeals against the Chief Planning and Housing Officer’s decisions to refuse planning permission under delegated powers.  The LRB upheld the officer’s decision to refuse a variation to the planning permissions for two houses at Mounthooly, Jedburgh to allow the lifespan of the existing planning permissions to be extended by three years because of flooding concerns (SBC Refs: 18/00748/FUL & 18/00749/FUL) and the officer’s decision to refuse a retrospective application for the installation of uPVC replacement windows at 10 Exchange Street, Jedburgh (SBC Ref: 19/01019/FUL).  The LRB reversed the Chief Planning Officer’s decision to refuse planning permission for the erection of two dwellinghouse on land at Quarry Bank, Hume, near Kelso (SBC Ref: 19/01432/PPP).  An appeal against the refusal of planning permission for the erection of a dwellinghouse at the disused sawmill, Cowdenknowes, Earlston was continued for more information (SBC Ref: 19/01611/FUL).

Two appeals to Scottish Ministers remain outstanding: (i) against the serving of an enforcement notice alleging the erection of a building without planning permission at Linthaugh Farm Cottage, Jedburgh (DPEA Ref: ENA-140-2015); and (ii) against the decision to refuse planning permission for the erection of 8 wind turbines at Wull Muir, Heriot (DPEA Ref: PPA-140-2080).  Both appeals are in the early stages of the appeal process and a decision has yet to made as to how the wind farm appeal will be dealt with; whether a hearing or public inquiry will be necessary or appropriate.  The application for a proposed retail store and restaurant on Commercial Road, Hawick, notified to Scottish Ministers because of flooding concerns, is now proceeding (DPEA Ref: NA-SBD-056).  Comments are being exchanged and an unaccompanied site visit is to be made by the Reporter delegated to deal with the case.

Two wind farm applications submitted, back in 2016, to the Scottish Government under Section 36 of the 1989 Electricity Act, to which the Scottish Borders Council had objected, were determined on 25 June.  The applications for a 12 turbine extension to the existing Fallago Rig wind farm in the Lammermuir Hills, and for extending the operational life of the existing Fallago Rig wind farm, which comprises 48 turbines, by 5 years to coincide with that of the extension (if approved), were the subject of a public inquiry in 2017 (DPEA case references WIN-140-5 & WIN-140-6).  The report on these applications was submitted to Scottish Ministers in July 2018 and it has taken two years for St. Andrew’s House to reach a decision.  The Reporter recommended that the Fallago Rig Extension be refused and that the proposed variation to the life of the existing Fallago Rig Wind Farm be also refused.  The Scottish Ministers have agreed with the Reporter and refused consent for the Fallago Rig Extension but have decided to grant permission for the extension of the life of the existing wind farm on the grounds that extending the operational period of the wind farm by 5 years is consistent with national energy policy and that this benefit outweighs the continuation of the significant cumulative landscape and visual effects on the Lammermuirs of the Fallago Rig Wind Farm, in conjunction with the Dun Law and Crystal Rig wind farms.  Scottish Ministers have also awarded the applicant in this case expenses against the Scottish Borders Council in relation to its objection on the grounds of noise impact, which it maintained but did not pursue at the inquiry, on the grounds that it led the applicant to undertake unnecessary expense in preparation for the public inquiry.  A lesson for the future!

Following the receipt of objections from Scottish Borders Council in April 2019, a hearing was held on 10 March 2020 in Duns in relation to an application for an expansion of the Crystal Rig Wind Farm in the Lammermuirs, comprising the addition of 11 turbines to the existing 90 turbines (DPEA Ref: WIN-140-8).  In light of the current COVID-19 restrictions, the Reporters have been unable to conduct the inspection of the site and viewpoints and they will be unable to conclude their report until these site inspections have been carried out.  In the meantime, parties have been requested to submit their final observations and closing submissions.  The decision on this application, which could be some months if not years away, will be interesting in view of the decision to refuse additional turbines at Fallago.  Are Scottish Ministers saying that as far as wind turbines in the Lammermuirs is concerned “enough is enough”?

 

Scottish Borders Council’s Development Plan Scheme, approved in March 2019, indicates that the Proposed Local Development Plan (LDP2) would be published towards the end of 2019 with formal consultation during the winter of 2019/2020.  According to the Council’s website, the Proposed LDP2 has been produced and was due to be presented to the full Council meeting in March for approval and then distributed for formal public consultation.  The intervention of the Covid-19 pandemic and the resultant lockdown has meant that all Council meetings have been cancelled, although meetings of the Planning and Building Standards Committee and the Local Review Body have been convened remotely in May 2020.  Furthermore, the normal statutory public consultations would be extremely difficult whilst meeting the Government’s social distancing requirements.  Consideration is therefore being given to when it is appropriate and safe to carry out the proposed public exhibitions across the Scottish Borders.  The next meeting of the full Council is programmed for 25 June 2020 and this might provide some information on the future of LDP2.

The Coronavirus pandemic is certainly proving challenging for planning and development in the Scottish Borders.  As elsewhere, it has had a profound effect on the lives of those who live and work here.  The concerns about the impact of Covid-19 on the economy, which was just starting to rebound after years of austerity, and particularly the effect on retailing, business and industry has been well documented.  In the Scottish Borders, the town centres of Galashiels and Hawick, the main towns in the area, were already suffering from shop closures resulting in empty premises and declining footfall.  Attempts to find alternative uses for town centre retail properties have proved somewhat fruitless.  Perhaps more drastic action will be required.

Tourism, a mainstay of the Scottish Borders economy has been badly hit.  Hotels, pubs and cafes have been closed for two months and are likely to remain so for some time yet.  A wide range of tourism and leisure facilities have been similarly affected.  Whilst the range of shops allowed to open is likely to widen in the near future, social distancing restrictions are likely to prove difficult to achieve in pubs and cafes.  Some tourism facilities may never re-open.  In the Scottish Borders, the Waverley Castle Hotel has closed following the collapse of travel company Specialist Leisure Group.  Although local politicians will try their best, will it ever re-open as a hotel?  Who is likely to take it on in the present climate?  We now hear that the company that owns Crieff Hydro Hotel chain, which includes the Peebles Hydro, is to make a number of staff redundant.  Can the Peebles Hydro survive!

The future of business in the Scottish Borders is uncertain.  Ove Energy in Selkirk closed earlier in May, scrapping their Ettrick Riverside office, leaving 380 staff facing an uncertain future.  Now, Mainetti has intimated that it is to close its clothes hanger factory in Jedburgh and move all production to its other facility in North Wales; 96 jobs are at risk at the Oxnam Road factory.  Mainetti arrived in Jedburgh in 1974 as a result of the efforts of the previous Roxburgh County Council and Jedburgh Town Council to attract industry to the area.  Mainetti became one of the largest employers in the region, manufacturing 100m hangers a year.  A double blow for Jedburgh is the announcement by L. S. Starrett of the closure of its factory on Oxnam Road, Jedburgh, with 100 jobs at risk.  L. S. Starrett arrived in Jedburgh in 1958, as a result of the initiative of Jedburgh Town Council.  It came at a time when the economy of the town was suffering from the closure of the North British Rayon Factory.  Although other firms have been attracted to Jedburgh in the intervening years, Mainetti and L. S. Starrett have been the prime employers in the town.  Their loss will pose a significant challenge for Scottish Borders Council and the Scottish Government.  It will also test the resolve of the newly-formed South of Scotland Enterprise.

Any economic recovery from the Coronavirus pandemic is going to be a costly affair, on top of the billions of pounds spent during the pandemic to support businesses and protect jobs.  Many billions of pounds will have been borrowed from the financial markets to fund this support and it will have to be paid back, probably over many decades.  Tough choices will have to be made.  Some are querying whether the extension of the Borders Railway all the way to Carlisle is a realistic objective.  Extending the line to Hawick would add about 17 miles to the existing 30 miles of track.  Continuation to Carlisle would require an additional 50 miles of track.  Local politicians have re-affirmed their support for the revival of the whole route but what other projects may have to be shelved and for how long.

The purpose of the Local Development Plan is to set out the council’s vision for development and transportation within the Scottish Borders.  The long-term impact of the Coronavirus pandemic on the economy, whether it be house-building, industry, retailing and other services or tourism, has yet to be determined.  Assumptions and projections made before the pandemic may no longer be tenable and a radical re-appraisal of future planning and development objectives may be required.  Will the Scottish Borders Council take the opportunity to re-examine its vision for the Scottish Borders in the light of the new reality or simply hope that we can carry on as before?

 

 

As a result of the Coronavirus lockdown, planning activity has been somewhat limited during April and May with construction work in abeyance and architects, planning consultants and tradesmen at home protecting their families.  The council’s Planning Department has been closed to the public with case officers working remotely from home.  Nevertheless, new planning applications have continued to be registered and are being processed in as normal a way as possible; applications continue to be publicised on the council’s website and in the local press.

Some 83 applications for planning permission and other consents, including listed building and conservation area consents and applications for works to protected trees, were received by Scottish Borders Council during April 2020 and 97 applications were received during May 2020.  However, site visits are not being undertaken and decisions on applications are, inevitably, taking longer.  Only 65 applications were decided by the Chief Planning and Housing Officer under delegated powers in April and 73 in May.  Meetings of the Planning and Building Standards Committee and the Local Review Body were cancelled in April but were conducted in May remotely by Microsoft Teams.  The pubic was excluded from contributing to these meetings.

The vast majority of applications during the past two months relate to the erection of single dwellinghouses and alterations and extensions to dwellinghouses.  One interesting application is that for the erection of 11 dwellinghouses on a site at Buckholm Corner, Galashiels, a site that has long been identified as a housing site in the development plan but has never been developed (SBC Ref: 20/00436/FUL).  The application site forms part of a larger site allocated for residential development with an indicative capacity of 60 dwellings.  The application seeks an amendment to the approved layout, dating from 1979.  The site has a valid planning permission on the basis that a ‘material’ start has been made to the development due to the construction of an access point from the A7.  Are we going to see some of this site developed, coronavirus permitting, at last!

A Proposal of Application Notice has also been submitted for the development of the remaining part of the Buckholm Corner site for residential purposes (SBC Ref: 20/00469/PAN).  An online public engagement event was held on 4 June from 4.00pm to 8.00pm.  The proposed community engagement event was advertised in the local press (Southern Report) on 28 May.  It will be interesting to find out from the pre-application consultation report, which is required when the planning application is submitted, the extent to which the public were engaged in the on-line consultation process.

In Hawick, a Proposal of Application Notice has been submitted, on behalf of the council, for a mixed development on Guthrie Drive, Stirches, comprising a 60 bed residential care housing unit, 40 extra care housing units and 12 learning disability housing units (SBC Ref: 20/00527/PAN).  Due to Covid-19 restrictions, the public consultation on the proposed development has been delayed.  Some form of online public consultation is envisaged, however.  This must be advertised in the local press at least 7 days before any public event or online forum.  Any subsequent planning application cannot be submitted before 10 August and not before the proposed pre-application consultation has been carried out, either in public or online.  The restrictions imposed by the Coronavirus pandemic are certainly proving challenging for the planning system but it is hoped that such restrictions do not unduly hinder proper consultation and interaction between developers and the public on such major proposals.  Press reports already indicate differences of opinion amongst the local community on the desirability of this site for such a development.

An application in Eyemouth by the Harbour Trust for the erection of an office/storage building and associated facilities, including re-profiling of the existing shelter mound and demolition of adjacent harbour wall at Gunsgreen Basin has generated a great deal of objection/concern from the diving fraternity (SBC Ref: 20/00523/FUL).  The proposed development is required in connection with the proposed Neart Na Gaoithe offshore wind farm development.  Although the proposal is a “local” development” in terms of the Planning Acts, and there is no requirement to undertake pre-application consultation, a public drop-in event was held on 16 January 2020.  Reaction was generally positive.  However, the application has generated concerns from divers in relation to access to Greenends Gully at the end of the slipway.  Apparently, this is one of the safest shore diving areas in the locality enabling new divers to gain essential experience. The agent for the developer has sought to reassure those concerned that the foreshore access road will be maintained, although on a modified route.  The Harbour Trust is preparing a separate planning application in relation to this relocated road.

A planning application has been submitted for the extension of the commencement time period for the erection of two distilleries with associated visitor centre and other facilities, including the change of use of the former Jedforest Hotel, south of Jedburgh, to office and staff accommodation (SBC Ref: 20/00109/FUL).  Planning permission was granted for this development on 31 January 2017 on condition that development must commence within three years of the date of the permission (SBC Ref: 16/00744/FUL).  Planning permission expired on 31 January 2020, thus requiring the re-submission of the planning application.

Elsewhere, an application has been received to prolong the life of the Dun Law Wind Farm at Soutra, near Oxton, granted planning permission in 1996 and due to expire in 2021 (SBC. Ref: 20/00522/FUL).  An extension is requested to 2034, to coincide with the lifespan of the Wind Farm Extension.  This application is not unexpected and clearly illustrates that the 25 life-span normally permitted in the first granting of wind farm planning permissions is not the end of the matter.  I wonder whether a further extension for the whole scheme will be applied for in 2033.  Hopefully, if I’m still around and this website is still operational, you will find news of it here!

Check out the council’s Public Access Portal if you want to find out more about the above applications or any other application submitted in the past month.

During April and May, some 130 applications were determined by the Chief Planning and Housing Officer under delegated powers, somewhat less than the usual rate of decision making (100 per month).  Seven applications were refused planning permission by the Chief Planning and Housing Officer under delegated powers, three relating to holiday accommodation: (i) erection of a treehouse for use as holiday let at Sandystones Farmhouse, Ancrum (SBC Ref: 20/00132/PPP); (ii) extension to caravan park, Pease Bay, Cockburnspath, Berwickshire (SBC Ref: 19/01709/FUL); and (iii) erection of 15 huts at Wester Deans, West Linton, Peeblesshire (SBC Ref: 19/01256/FUL).  Three refusals related to residential property: (i) extension and alterations to Glen More House, Lamberton, Berwickshire (SBC Ref: 20/00346/CLPU); (ii) alterations and extension to 1 Belville Farm cottage, Coldstream, Berwickshire; and (iii) erection of dwellinghouse at Thickside, Jedburgh (SBC Ref: 20/00235/PPP).  The seventh refusal relates to the formation of a vehicle display area and erection of new sales building on Edinburgh Road, Jedburgh (SBC Ref: 20/00283/FUL).  An appeal to the Local Review Body against this decision has already been submitted (SBC Ref: 20/00014/RREF).

At its meeting on 18 May, conducted remotely, the Planning and Building Standards Committee approved the planning application for the erection of a dwellinghouse on Eddy Road, Newstead notwithstanding the receipt of a number of objections from neighbouring householders concerning, amongst other things, the inadequacy of the access to the site and the loss of green space (SBC Ref: 19/01740/FUL).  Planning permission was granted subject to a legal agreement in respect of the long term future maintenance of the area of the site which is to remain as public open space.

The Local Review Body (LRB) met on 25 May and considered six appeals against the Chief Planning and Housing Officer’s decisions to refuse planning permission under delegated powers.  The LRB decided to continue two appeals: (i) against the decision to refuse planning permission for the formation of a workshop for a joinery business at the former Buccleuch Hotel, Trinity Street, Hawick (SBC Ref: 19/01784/FUL); and (ii) against the decision to refuse planning permission for the erection of a dwellinghouse at Blyth Bridge, Peeblesshire (SBC Ref: 19/01645/FUL).  The LRB upheld the officer’s decision to refuse planning permission for the erection of two dwellinghouses at Benrig, Cuddyside, Peebles (SBC Ref: 19/00193/FUL) but reversed the Chief Planning Officer’s decision to refuse planning permission for the erection of a dwellinghouse in the former walled garden of Ashiestiel Mansion House, near Clovenfords and granted planning permission (SBC Ref: 19/01629/PPP).  The LRB also granted planning permission for the erection of a dwellinghouse and associated workshop/garage at Tarf House, West Linton (SBC Ref: 19/00193/FUL) and the erection of a dwellinghouse at Town O’Rule, Bonchester bridge (SBC Ref: 18/01194/FUL).

Two appeals have been submitted to Scottish Ministers: (i) against the serving of an enforcement notice alleging the erection of a building without planning permission at Linthaugh Farm Cottage, Jedburgh (DPEA Ref: ENA-140-2015); and (ii) against the decision to refuse planning permission for the erection of 8 wind turbines at Wull Muir, Heriot (DPEA Ref: PPA-140-2080).  Both appeals are in the early stages of the appeal process and a decision has yet to made as to how the wind farm appeal will be dealt with; whether a hearing or public inquiry will be necessary or appropriate.  The application for a proposed retail store and restaurant on Commercial Road, Hawick, notified to Scottish Ministers because of flooding concerns, is on hold because of Covid-19 concerns (DPEA Ref: NA-SBD-056).  A decision on this proposal is likely to be considerably delayed!

Two wind farm applications submitted to the Scottish Government under Section 36 of the 1989 Act, to which the Scottish Borders Council has also objected, remain to be determined: (1) the application for a 12 turbine extension to the existing Fallago Rig wind farm in the Lammermuir Hills; and (2) the application to extend the operational life of the existing Fallago Rig wind farm to coincide with that of the extension (if approved) (DPEA case references WIN-140-5 & WIN-140-6).  The reports on these appeals have been with Scottish Ministers since July 2018.  Following the receipt of objections from Scottish Borders Council in April 2019, a hearing was held on 10 March 2020 in Duns in relation to an application for an expansion of the Crystal Rig Wind Farm in the Lammermuirs, comprising the addition of 11 turbines to the existing 90 turbines (DPEA Ref: WIN-140-8).  In light of the current COVID-19 restrictions, the Reporters have been unable to conduct the inspection of the site and viewpoints and they will be unable to conclude their report until these site inspections have been carried out.  In the meantime, parties have been requested to submit their final observations and closing submissions.

See my Development Planning update for the latest news on the review of the local development plan and related issues.

The first case of Coronavirus (Covid-19) in Scotland was confirmed on 1 March within Tayside NHS Area.  Coronavirus arrived in the Scottish Borders a few days later and lock-down commenced on 24 March.  Not surprisingly, planning activity has been somewhat limited thereafter with construction work in abeyance and architects, planning consultants and tradesmen at home protecting their families.

The council’s Planning Department is now closed to the public until further notice and case officers are working remotely from home.  The council is requesting that all applications are made online.  Nevertheless, new planning applications continue to be registered and are being processed in as normal a way as possible; applications continue to be publicised on the council’s website and in the local press.  However, site visits are not being undertaken.  Decisions on applications may, therefore, inevitably take longer.  Due to the social distancing requirements, meetings are not possible and the only way to obtain advice and guidance on a proposal or an application is through electronic communication.

The Planning and Building Standards Committee met on 2 March and the Local Review Body on 16 March but all future meetings have been cancelled until further notice.  Major applications and those that attract five or more objections are required to be decided by the Planning and Building Standards Committee under the council’s scheme of delegation, so it is likely that decisions on such applications will be delayed until the emergency is over or the council comes up with an alternative mechanism.  Appeals against decisions of the Chief Planning Officer under delegated powers, considered by the Local Review Body, will be similarly delayed.

During March 2020, Scottish Borders Council received some 90 applications for planning permission and other consents, including listed building and conservation area consents and applications for works to protected trees.  The vast majority related to the erection of single dwellinghouses and alterations and extensions to dwellinghouses.  In Galashiels, an application for a Certificate of Lawful Use for the former tennis courts on Abbotsford Road [last used in 1996] for the development of 8 houses has been submitted by J. S. Crawford asserting that development authorised by a planning permission granted in February 1996 has commenced on this site (SBC Ref: 20/00345/CLPU).  In Melrose, an application has been received for the demolition of the former Congregational Church, previously used as council offices, at West Grove on Waverley Road and the erection of 14 apartments (SBC Ref: 20/00331/FUL).  In Peebles, an application for the erection of seven dwellinghouses on land at The Lodge, Kingsmeadows House, Kingsmeadows Road has generated a great deal of opposition, which has prompted the council’s Chief Planning Officer to request that the application be withdrawn in the light of the fundamental concerns raised in the objections (SBC Ref: 20/00275/FUL).  The only non-residential development of particular note relates to an application for a fifth poultry shed for egg production at Hutton Hall Barns, Berwickshire, to house up to 32,000 birds, which indicates that some sectors of the economy continue to expand (SBC Ref: 20/00347/FUL).

During March, 94 applications were determined by the Chief Planning Officer under delegated powers.  Again, the vast majority related to the erection of single dwellinghouses or to alterations and extensions to dwellinghouses.  Three applications were refused planning permission by the Chief Planning Officer under delegated powers in March: (i) an application for the erection of a dwellinghouse at Tarf House, Cardrona, Peeblesshire (SBC Ref: 20/00051/PPP); (ii) an application for the erection of a dwellinghouse at West Mains, Carlops, Peeblesshire (SBC Ref: 19/01701/PPP); and (iii) an application for the erection of two dwellinghouses at Quarry Bank, Hume, Berwickshire (SBC Ref: 19/01432/PPP).

At its meeting on 3 March, the Planning and Building Standards Committee approved two applications: (i) for residential development on Ettrickhaugh Road, Selkirk (SBC Ref: 19/01687/PPP); and (ii) for the conversion of part of the former Peter Scott factory on Buccleuch Street Hawick to form 10 flats (SBC Ref: 19/01813/FUL & 19/01812/LBC).  The approval of the proposed development of six houses on a 1.8 acre site on Ettrickhaugh Road, Selkirk is subject to the approval of Scottish Ministers because of an objection from the Scottish Environment Protection Agency in relation to the potential for flooding.  Officers employed by the council are happy that the site is suitably protected by the recently completed flood protection scheme and it will be interesting to see how Scottish Ministers deal with this appeal.

The Local Review Body (LRB) on 16 March considered two appeals against the Chief Planning Officer’s decision to refuse planning permission for (i) the erection of two dwellinghouses in garden ground at 7 Heriot House, Heriot (SBC Ref: 18/01777/FUL); and (ii) the erection of a dwellinghouse at Town O’Rule, Bonchester bridge (SBC Ref: 18/01194/FUL).  In both cases, the LRB decided to continue the appeals for further consideration.  When these cases will be reconsidered is now a matter for conjecture, bearing in mind the cancellation of future meetings of the LRB for an indefinite period.

No appeals to Scottish Ministers remain outstanding.  Two wind farm applications submitted to the Scottish Government under Section 36 of the 1989 Act, to which the Scottish Borders Council has also objected, remain to be determined: (1) the application for a 12 turbine extension to the existing Fallago Rig wind farm in the Lammermuir Hills; and (2) the application to extend the operational life of the existing Fallago Rig wind farm to coincide with that of the extension (if approved) (DPEA case references WIN-140-5 & WIN-140-6).  The reports on these appeals have been with Scottish Ministers since July 2018.  Following the receipt of objections from Scottish Borders Council in April 2019, a hearing was held on 10 March 2020 in Duns in relation to an application for an expansion of the Crystal Rig Wind Farm in the Lammermuirs, comprising the addition of 11 turbines to the existing 90 turbines (DPEA Ref: WIN-140-8).  In light of the current COVID-19 restrictions, the Reporters have been unable to conduct the inspection of the site and viewpoints and they will be unable to conclude their report until these site inspections have been carried out.  In the meantime, parties have been requested to submit their final observations and closing submissions.