Scottish Borders Planning

During September 2018, the Scottish Borders Council received over 150 applications for planning permission and other consents, including listed building and conservation area consents and applications for works to protected trees.  There seems to be no end to the desire of wind farm operators to expand the number of wind turbines in the Scottish Borders; another wind farm proposal has been submitted for the Moorfoot Hills.  A Proposal of Application Notice (PAN) was submitted on 6 September for a wind farm of up to 9 turbines with tip heights up to 150 metres at Wull Muir, north of Carcant Lodge, near Heriot (SBC Ref: 18/01164/PAN).  An application for a Scoping Opinion on the same proposal was received on 24 September (SBC Ref: 18/01308/SCO).  In this case, the applicant has voluntarily decided to undertake an Environmental Impact Assessment (EIA) prior to the submission of an application and has formally requested the opinion of Scottish Borders Council on the Scoping Report, which sets out the matters that should be included in an EIA.  The Scoping Report provides an outline of the environmental receptors that the developer considers may be significantly affected by the proposed development and the application for a Scoping Opinion invites comments on the scope of the proposed EIA.

Bearing in mind the attitude of the council’s Planning and Building Standards Committee on the recent proposal for a wind farm at Gilston Farm, Heriot and to other proposed wind farms in the area, the Wull Muir proposal is unlikely to be received with much enthusiasm.  No doubt the proposal will figure on a future agenda of the Council’s 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.

Whilst on the subject of wind farms, it will come as no surprise to see that the Planning and Building Standards Committee, at its meeting on 3 September, refused planning permission, against the Chief Planning Officer’s recommendation, for the construction of a wind farm comprising 7 turbines up to 132 metres high to tip height on land at Barrel Law, north west of Roberton (SBC Ref: 17/01255/FUL).  This was a revised proposal, following the withdrawal of concerns expressed by the Ministry of Defence over possible interference with radar at RAF Spadeadam in Cumbria and seismic monitoring at Eskdalemuir, near Langholm.  However, although the Chief Planning Officer recommended approval, the Committee decided on a vote of 5 votes to 2 to refuse the application on the grounds that the proposal would have significant and adverse impacts and effects on the landscape.  Is another appeal to the Scottish Government likely?

On the subject of wind farm appeals, official figures from the Scottish Government’s Planning and Environmental Appeals Division show that, over the past 16 years, 250 wind turbine applications refused by Scottish Councils have been the subject of appeals to Scottish Ministers.  Of these 250 appeals, 104 (41.6%) were successful and planning permission was granted.  In the Scottish Borders, 9 of the 21 appeals dealt with were successful.

The Planning and Building Standards Committee at its meeting on 3 September granted listed building consent for the demolition of St. Aidan’s Church and Church Hall in Galashiels (SBC Ref: 18/00309/LBC).  Planning permission and listed building consent had been granted in October 2015 for the demolition of the church hall and the conversion of the church into eleven flats.  However, it was submitted that the repair and conversion of the church is not economically viable, the property has been marketed with no serious interest from prospective purchasers.  Unfortunately, it would appear that demolition and redevelopment is the only alternative!

At its meeting on 17 September, the Local Review Body (LRB) overturned the decision of its Chief Planning Officer to refuse planning permission for the change of use of 37 Bank Street, Galashiels from a shop to a mortgage advisers (SBC Ref: 18/00764/FUL; 18/00018/RREF).  The Chief Planning Officer had determined that the change of use was not permissible under the council’s recently approved Pilot Scheme because it offered an inactive frontage and low footfall.  The LRB considered that although the proposed use did not fall within the range of uses identified in the Pilot Scheme, the proposed business would complement other uses in Bank Street and would make a significant positive contribution to the viability of the town centre.  The Local Review Body also overturned the Chief Planning Officers decision to refuse planning permission for the change of use of 52 Bank Street, Galashiels to a tattoo studio (SBC Ref: 18/00398/FUL; 18/00020/RREF).  The LRB considered that, whilst the tattoo studio did not fall within the extended acceptable use categories listed in the Pilot Scheme, policy Ed4 of the approved LDP allows other uses where they make a demonstrable contribution to the retail function of the town centre.  In this instance, the LRB was satisfied that it had been demonstrated that the business would make a significant positive contribution to the town centre and that a sufficiently persuasive case had been made to allow the business.  It will be interesting to see how many more proposals for the change of use of retail premises to other uses come forward in the Galashiels Core Retail Activity Area and whether there is any significant measurable change in footfall or a reduction in vacancy rates as a result.

During September, some 100 applications were dealt with by the Chief Planning Officer under delegated powers.  In Berwickshire, planning permission was granted for the erection of 27 affordable dwellinghouses on a site off Station Road, Duns (SBC Ref: 18/00337/FUL) and for the erection of 25 dwellinghouses, a new village hall and formation of playing field on land south and west of Swinton Primary School (SBC Ref: 12/01488/PPP).  Three planning applications were refused: (1) an application for replacement windows on a property in North Hermitage Street, Newcastleton (SBC Ref: 18/00211/FUL); (2) an application for an isolated house in the countryside, near Chapel Farm, between Midlem and Lilliesleaf (SBC Ref: 18/00956/FUL); and (3) an application for a dwellinghouse on a site east of Keleden, Ednam (SBC Ref: [the Local Review Body granted planning permission in principle for a dwellinghouse on the site in July 2018 but the Chief Planning Officer considers that the layout, siting and orientation of the proposed building makes poor use of the plot and the size and scale of the proposed house is too large].

During September, the Planning and Environmental Appeals Division (DPEA) reached a decision on the appeal against the imposition of two conditions on the planning permission, granted on 26 March 2018, for the erection of two wind turbines on land at No. 6 Lamberton Holdings in Berwickshire.  The appealed conditions relate to the requirement to decommission and remove the turbines within 25 years (SBC Ref: 17/01348/FUL) (DPEA Ref: PPA-140-2071).  The Reporter decided to vary the appealed conditions and, given the scale and location of the proposed foundations, deleted the requirement to remove the foundations and restore the site to its original condition when electricity generation ceases.

An appeal against the council’s refusal to issue a Certificate of Lawful Use of a property used in the past as a guest house, as a dwellinghouse, at Camptown, south of Jedburgh was submitted on 25 September 2018 (DPEA Ref: CLUD-140-2002).  An interesting case for the DPEA!

Four appeals remain to be determined against the refusal of planning permission: (1) for the erection of 7 wind turbines on land north-west of Gilston Farm, near Heriot (SBC Ref: 17/00226/FUL) (DPEA Ref: PPA-140-2068); (2) for the erection of a poultry building at Hutton Hall Barns, Hutton in Berwickshire (DPEA Ref: PPA-140-2065); (3) for the erection of a poultry building at Easter Happrew in the Manor Valley, west of Peebles (DPEA Ref: PPA-140-2062); and (4) a residential development of 38 dwellings at Marchmont Road, Greenlaw in Berwickshire (DPEA Ref: PPA-140-2059).

The hearing session in connection with the application by Eildon Housing Association for residential development at Huddersfield Street, Galashiels, which was called-in for determination by Scottish Ministers in view of the possible flood risk (SBC Ref: 17/00695/FUL) (DPEA Ref: NA-SBD-054) was held on Wednesday 15 August in the Waverley Suite at the Transport Interchange, Galashiels.  It is expected that the Reporter’s report and recommendations will be submitted to Scottish Ministers in October.

Three wind farm applications submitted to the Scottish Government under Section 36 of the 1989 Act, to which the Scottish Borders Council has objected, remain outstanding: (1) the application for a 12 turbine extension to the existing Fallago Rig wind farm in the Lammermuir Hills; (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); and (3) an application for the erection of 15 wind turbines on land at Birneyknowe, near Bonchester Bridge, south-east of Hawick (DPEA case reference WIN-140-7).  The Reporter’s reports in relation to the two Fallago Rig applications have been submitted to Scottish Ministers and their decision is awaited.  The Reporter dealing with the Birneyknowe wind farm application submitted his report to Scottish Ministers on 5 September 2018.

 

The council’s Local Biodiversity Action Plan (LBAP) was adopted, originally, in 2001 and has been updated by a series of Habitat Action Plans produced between 2003 and 2010.  The LBAP forms the basis for the council’s Supplementary Planning Guidance for Biodiversity, approved in November 2006, and provides guidance on the implementation of policy EP3: Local Biodiversity, in the adopted Local Development Plan.  An updated LBAP, which has been prepared to take account of changes in national policy, was approved by the Planning and Building Standards Committee of Scottish Borders Council on 3 September 2018.

The updated LBAP is organised around the priority themes of the Scottish Biodiversity Strategy (SBS), which was amended in 2013 in response to both the UN Convention on Biological Diversity targets set in 2010, to halt biodiversity loss and restore the natural environment to health, and the EU Biodiversity Strategy for 2020.  The SBS themes outline six steps for nature to achieve the 2020 challenge:

• Ecosystem restoration;
• Investment in natural capital;
• Quality greenspace for health and education benefits;
• Conserving wildlife in Scotland;
• Sustainable management of land and freshwater; and
• Sustainable management of marine and coastal ecosystems.

The updated LBAP takes account of the challenge of climate change, which may disrupt our ecosystems and their ability to provide beneficial services such as water flow regulation to reduce flooding, improvement to water quality, sequestration of carbon on peatlands and woodlands and pollinating services to help food production.  The LBAP seeks to help address the key pressures identified in the SBS: pollution, land use intensification and modification, spread of invasive species and wildlife disease, lack of recognition of the value of nature, disconnection with nature and marine exploitation.  A set of actions has been developed focussed around the six themes set out in the SBS, for delivery within the period 2018-2028 with some actions prioritised for delivery within 5 years.  By updating the LBAP, the council hopes to demonstrate that it is seeking to put in place good practice, working with its partners, to meet its duties in relation to biodiversity and climate change.  The updated LBAP will provide up-to-date and relevant guidance on how ecosystems can be valued and assessed as part of policy development in the local development plan.

The updated LBAP will be the subject of public consultation in parallel with the consultations on the recently approved Main Issues Report (MIR) prepared to identify the key issues to be addressed in the new local development plan LDP2).  The updated LBAP will ultimately form proposed Supplementary Guidance in the new local development plan (LDP2).  Biodiversity may seem, to many, to be a rather bewildering subject but protecting and maintaining the natural environment, habitats and wildlife is essential for our future on planet earth.  We can all play our part so get involved in the forthcoming discussions on the Local Biodiversity Action Plan (LBAP).

Scottish Borders Council approved the Main Issues Report (MIR) for the review of the Local Development Plan on 30 August 2018.  The new Local Development Plan (LDP2) will replace the adopted Local Development Plan 2016.  It will guide future development for the period 2021 to 2026.  The MIR is not a draft version of the LDP2 but a consultation document which sets out the key issues for consideration.  It draws together the findings of the Call for Sites from potential developers, the results of a number of public events and workshops held in 2017, and consultations with statutory bodies and other council departments.  It takes account of national planning requirements and the strategy and policies in the latest Strategic Development Plan (SESplan2), which has recently been the subject of Examination by Reporters from the Scottish Government’s Planning and Environmental Appeals Division (DPEA).  Their recommendations have been submitted to Scottish Ministers and a decision on their recommendations is expected by the end of 2018.

The Main Issues Report (MIR) focusses on the issues to be addressed in the new local development plan and sets out the council’s proposed and alternative approaches to planning and development under the following headings:

• Vision, aims and spatial strategy;
• Growing the economy;
• Planning for housing;
• Supporting town centres
• Delivering sustainability and climate change agenda;
• Regeneration
• Settlement maps and
• Planning policy issues.

According to the MIR, the population of the Scottish Borders will increase from an estimated 115,020 in 2017 to 116,777 by 2026.  There will be a marked increase in the proportion of the population over 65 years old, with a 31% increase in the number of people aged 75 and older, which will have an increasing impact on health, housing and social care provision.  Based on the population projections, additional housing will be required to address the needs of the older population and the growth in smaller households (those of one or two persons).

The main employment sectors in the Scottish Borders are health and social work, retail, construction, education, agriculture, manufacturing, tourism and public administration.  The Scottish Borders continues to rely on traditional rural activities focussed on agriculture, forestry and fishing.  In terms of industrial activity, there is an adequate supply of employment land in most parts of the Scottish Borders but there is a continued low take-up through development.  Nevertheless, there is a recognised need to allocate further employment land within the Peebles area and in Galashiels.  The provision of high amenity business land in the Central Borders is seen as essential to capitalise on the investment in the Borders Railway.  The council continues to support the promotion of the line extending to Carlisle as well as an improved service for Berwickshire with a rail halt at Reston.  In addition to transport, digital connectivity remains vital to the future development of the Borders and it is critical that the region benefits from maximising the provision of Full Fibre Connectivity to businesses and the wider community.

The role of town centres is changing and vacancy rates continue to increase.  In the Scottish Borders, retail vacancy rates and performance are patchy.  Measures need to be considered to keep town centres in the Scottish Borders viable and vibrant.

Infrastructure provision will be required to enable future development.  New housing allocations can also put a strain on education provision.  However, given the limited number of additional houses required within the LDP2 period, it is not envisaged that this should be an insurmountable problem, except perhaps in the Peebles catchment.

Delivering sustainable development and ensuring a high quality of design for all developments are key requirements of Scottish Planning Policy and the LDP2 must reflect these requirements.  LDP2 must also promote a low carbon future and help the Scottish Government achieve climate change targets.  It must promote economic stability and growth whilst protecting the built and natural intrinsic values of the Scottish Borders.

The Strategic Development Plan (SESPlan) requires strategic growth in the Scottish Borders to be directed to three growth areas: the Central Borders, the Western Borders (centred on Peebles) and Berwickshire.  The Central Borders growth area focusses on Galashiels, Melrose, Earlston, Kelso, Jedburgh, Hawick and Selkirk.  It is the primary area for growth within the Scottish Borders; it is at the centre of the roads network and served by the Borders railway.  In the Western Borders, Peebles is attractive to prospective house builders but potential flood risk issues and the need for a second bridge over the River Tweed prior to any further land being released for housing on the south side of the river, limit options for development.  In Berwickshire, growth is focussed on Duns and Eyemouth.

In relation to growing the economy, the Blueprint for the Border Railway seeks to maximise employment opportunities along the railway corridor.  A masterplan has been prepared for Tweedbank, including the Lowood Estate, which offers a range of development opportunities.  A masterplan has also been prepared for Galashiels town centre, which outlines a number of potential redevelopment opportunities.  The Hawick Action Plan identifies a range of opportunities to develop and improve Hawick as a place for working, living and visiting.  One of the main challenges is to find new employment land for business and industry in the vicinity of Peebles because of topographical constraints, flood risk issues, traffic congestion issues and the need for a new bridge to allow development south of the Tweed.  An independent study has identified site options which are set out in the MIR.

Public engagement is a key part of the development plan process.  The MIR and the accompanying Environmental Report will be formally advertised in the local press and will be made available for a consultation period of 12 weeks.  It will be placed on the council’s website and made available for inspection at all public libraries and council Contact Centres.  There will be wide consultation with all key agencies, neighbouring authorities and community councils, local organisations and businesses.  It is proposed to hold a series of ‘public surgeries’, which will include an exhibition, across the Scottish Borders.

So keep an eye out for the announcements (and follow this website).  Remember, if you don’t make your views known, they can’t be considered.

It will be the autumn of 2019 before the proposed new local development plan (LDP2) is completed.  It will then be the subject of consultation before submission to Scottish Ministers.  Any unresolved representations will be the subject of Examination by a Scottish Government Reporter from the Planning and Environmental Appeals Division (DPEA), probably during the summer of 2020.  The conclusions and recommendations of the Reporter must be taken into account before the local development plan is adopted by Scottish Borders Council.  It is anticipated that the new Local Development Plan (LDP2) will be adopted by the summer of 2021.  Once adopted, LDP2 will replace the current Local Development Plan, adopted on 12 May 2016.

During August 2018, the Scottish Borders Council received 121 applications for planning permission and other consents, including listed building and conservation area consents and applications for works to protected trees.  Two applications for residential development in Peebles have already generated a number of objections/comments from neighbouring residents; the erection of two blocks of flats comprising 40 residential units at Tweedbridge Court (SBC Ref: 18/01086/FUL) and the erection of 71 dwellinghouses on land south of the South Park Industrial Estate (SBC Ref: 18/01026/FUL).

The proposal for affordable housing by Eildon Housing Association at Tweedbridge Court occupies the site of the former Blackwood Housing sheltered housing scheme.  The proposal to erect two four-storey blocks of flats on the banks of the Tweed is causing some concern about the impact of the development on the iconic view from the Tweed Bridge.  Watch this space.

The site of the proposed 71 dwellinghouses by Persimmon Homes is allocated for 50 residential units in the local development plan.  It was the subject of a Proposal of Application Notice in April 2017 (SBC Ref: 17/00587/PAN).  No details of the proposal were submitted with the PAN, which intimated that details of the proposed development would be available at a forthcoming public consultation event but no date, time or location for the event was provided.  The pre-application consultation event proposed in the PAN did not take place until 10 July 2018 (publicised in the Peeblesshire News on 29 June 2018) more than a year after the submission of the PAN.  The subsequent planning application was submitted on 6 August 2018.  A number of concerns have already been raised by the local community, in particular, to the increased number of houses proposed and the suitability of Tweed Bridge and Caledonian Road to accept any further housing in this area south of the river.

This application is a perfect illustration of the uncertainties surrounding the Proposal of Application Notice procedure for large-scale developments.  As related in my March 2018 Development Management update, according to the Scottish Government’s Planning Circular 3/2013 on Development Management Procedures, a Proposal of Application Notice must contain an account of what consultations the applicant intends to undertake, when such consultation is to take place, with whom and what form it will take.  The Scottish Government wishes to encourage improved trust and open, positive working relationships from the earliest stages in the planning process and to provide, where possible, an early opportunity for community views to be reflected in proposals.  The purpose of pre-application consultation is, therefore, to improve the quality of applications, mitigate negative impacts where possible, address misunderstandings, and air and deal with any community issues that can be tackled so that the proposals benefit from that engagement and assist the efficient consideration of applications once submitted.

However, as in this case, some applicants are somewhat reticent in providing all the information required by the Regulations and PANs fail to specify when and where the required public event is to take place but leave it flexible.  A notice of the proposed public event must also be published in a local newspaper circulating in the locality at least 7 days before the holding of the public event and, as in this instance, this was the first intimation of the precise date, time and location, of the proposed public event.  Consequently, one has to question whether the public have had sufficient opportunity to engage with the developer and also the extent to which community views have been taken into account in framing the proposals when the planning application was submitted less than a month after the public event.

No doubt, both these proposals will figure on a future agenda of the Council’s 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.

There were no meetings of the Planning and Buildings Standards Committee or the Local Review Body in August but some 114 applications were dealt with by the Chief Planning Officer under delegated powers.  Seven applications were refused; six applications for planning permission and a retrospective advertisement application:

• Erection of two dwellinghouses at Stainie Brae, Lower Greenhill, Selkirk (SBC Ref: 18/00832/PPP);
• Erection of dwellinghouse at Ladywood, Lower Greenhill, Selkirk (SBC Ref: 00929/PPP);
• Change of use of a shop to a mortgage advisers at 37 Bank Street, Galashiels (SBC Ref: 00764/FUL);
• Change of use and alterations of a steading to form a dwellinghouse at Billerwell Farm, Hawick (SBC Ref: 18/00745/FUL);
• Alterations and extensions to the property ‘Rockmount’ at Mountain Cross, Peeblesshire (SBC Ref: 18/00711/FUL); and
• Siting of a cabin for holiday let on land at Meadshaw Farmhouse, Hawick (SBC Ref: 18/00724/FUL).
• Advanced sign for Woll Golf Course at main crossroads in Ashkirk village (SBC Ref: 18/00916/ADV);

Although the Planning and Buildings Standards Committee agreed on 16 July to the relaxation of its Town Centre Core Activity Area Policy as it applies to Galashiels for a period of one year (see post on ‘Town Centre Policy: Amendments to practice for processing planning applications, July 2018’), the Chief Planning Officer decided on 2 August 2018 that the change of use of 37 Bank Street from a shop to a mortgage advisers was not permissible under the Pilot Scheme because it offered an inactive frontage and low footfall.  An appeal to the Local Review Body would make for an interesting discussion.

In relation to appeals received by the Scottish Government’s Planning and Environmental Appeals Division (DPEA), it is worth pointing out (because such appeals are relatively scarce) that an appeal was submitted on 13 August against the refusal of works to trees at Glenkinnon Wood in the Tweed Valley near Peel, Clovenfords (DPEA Ref: TWC-140-1; BRC Ref: 18/0621/TPO).  Tree works applications make up a significant proportion of applications to the Planning Department and this may not be the first refusal of Tree Works Consent issued by the Chief Planning Officer but it certainly was the first Tree Works Consent appeal in the Scottish Borders.  However, I shall not be able to report on its outcome for the appeal was quickly withdrawn on 23 August, ten days after it was submitted!

During August, the Planning and Environmental Appeals Division (DPEA) reached a decision on the appeal against the construction of a wind farm comprising 12 turbines at Pines Burn, south west of Hobkirk (SBC Ref: 17/00010/FUL) (DPEA Ref: PPA-140-2069).  Much to the ire of the local community, this appeal has been upheld and planning permission has been granted subject to 35 conditions.  In granting planning permission, the Reporter concluded that, although the proposed development would have localised and limited impacts on landscape and visual amenity and on archaeological assets, cumulative visual impacts would not be sufficient to reject the proposal.  He also considered that whilst there would be impacts on the amenity of nearby residential properties, these would not be to an extent which would breach the test which has been applied by Scottish Ministers in a similar case.  He was not persuaded by the evidence relating to the adverse effects of the development on tourism in this part of the Borders or specific tourism businesses.  He considered that other potential impacts could be appropriately managed through planning conditions and other control regimes.  In relation to the campaign for a Scottish Borders National Park, he attached little weight to this possible development, which is in the very early stages of investigation.

Five other appeals remain to be decided by the DPEA: one appeal is against the imposition of two conditions to a planning permission, granted by the council on 26 March 2018, for the erection of two wind turbines on land at No. 6 Lamberton Holdings in Berwickshire.  The appealed conditions relate to the requirement to decommission and remove the turbines within 25 years (SBC Ref: 17/01348/FUL) (DPEA Ref: PPA-140-2071).  The site inspection is programmed for the 12 September 2018.

Four appeals remain to be determined against the refusal of planning permission: (1) for the erection of 7 wind turbines on land north-west of Gilston Farm, near Heriot (SBC Ref: 17/00226/FUL) (DPEA Ref: PPA-140-2068); (2) for the erection of a poultry building at Hutton Hall Barns, Hutton in Berwickshire (DPEA Ref: PPA-140-2065); (3) for the erection of a poultry building at Easter Happrew in the Manor Valley, west of Peebles (DPEA Ref: PPA-140-2062); and (4) a residential development of 38 dwellings at Marchmont Road, Greenlaw in Berwickshire (DPEA Ref: PPA-140-2059).

The hearing session in connection with the application by Eildon Housing Association for residential development at Huddersfield Street, Galashiels, which was called-in for determination by Scottish Ministers in view of the possible flood risk (SBC Ref: 17/00695/FUL) (DPEA Ref: NA-SBD-054) was held on Wednesday 15 August in the Waverley Suite at the Transport Interchange, Galashiels.

Three wind farm applications submitted to the Scottish Government under Section 36 of the 1989 Act, to which the Scottish Borders Council has objected, remain outstanding: (1) the application for a 12 turbine extension to the existing Fallago Rig wind farm in the Lammermuir Hills; (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); and (3) an application for the erection of 15 wind turbines on land at Birneyknowe, near Bonchester Bridge, south-east of Hawick (DPEA case reference WIN-140-7).  The Reporter’s reports in relation to the two Fallago Rig applications have been submitted to Scottish Ministers and their decision is awaited.  The Reporter dealing with the Birneyknowe wind farm application hopes to be in a position to submit his report to Ministers during September.

 

The Planning (Scotland) Bill introduced to the Scottish Parliament on 4 December 2017 sets out the Scottish Government’s proposals for changes to the overall framework under which planning operates.  The Bill seeks to re-focus the planning system on enhancing community engagement and reducing and simplifying procedures and processes.  Key proposals include:

• Abolition of strategic development plans, with the national planning framework forming part of the development plan;
• Abolition of statutory supplementary planning guidance;
• Local development plans to be in place for a period of 10 years rather than 5 years, with the right to amend them during that time;
• Scottish Planning Policy to be incorporated into the national planning framework, to be reviewed every 10 years; and
• Creation of Local Place Plans produced by a community body.

The Scottish Government proposes that Strategic Development Plans should be replaced by more proactive regional working partnerships.  However, there is little detail or clarity on how these regional working partnerships would operate and how tensions at the regional/strategic planning level would be resolved within the proposed enhanced National Planning Framework.

The Bill proposes changes to local development plans, suggesting that the plan period should be extended to ten years instead of the present five years; that the process for preparing local development plans should be shortened by the removal of the need for a Main Issues Report (to be replaced by a draft plan); and that supplementary planning guidance should be dispensed with.  The object of these and other changes is to provide stronger local development plans that deliver development.

Local Place Plans (LPPs) are one of the Scottish Government’s key proposals aimed at improving public engagement and involvement in the planning system.  The Government hopes that LPPs will provide an avenue for communities to feed into the development plan system.  However, there are concerns as to how LPPs interact with the local development plan and clear guidance will be needed on the form and content of LPPs, and how LPPs should be developed and submitted to the planning authority.  Interesting times ahead!

To improve the development management process, the Bill proposes changes to the pre-application process for major and local developments and changes to the scheme of delegation which are likely to extend the scope of appeals that would be made to the local review body rather than to Scottish Ministers.  Some may welcome these changes, others may be concerned at the prospect of more decisions on major developments being taken locally.

To improve the performance of planning authorities, the Bill proposes that councillors involved in planning decisions will be required to undertake training on planning matters and councillors that have not completed such training would be barred from undertaking such duties.  It may be that councillors already undertake some form of informal training but it would be difficult to argue against the need for proper training for those who are charged with the responsibility of discharging planning decisions.  In the Scottish Borders, the full council is responsible for the approval of the local development plan so it could, perhaps, be argued that the whole council should undertake such training, not just the members of the planning committee and the local review body.  Watch this space.

The Bill does not include any reference to third party appeals.  There has been a long-running campaign for the introduction of a limited third party right of appeal where those who have objected to a proposal that has been granted planning permission can request a review of the decision.  Scottish Ministers are opposed to the creation of a third party right of appeal.  The Scottish Government’s view is that:

“It is far more appropriate and more constructive to have stronger early engagement, involving people in the shaping of their areas, as provided for through the changes to development planning, the introduction of LPPs and more effective pre-application consultation. A third party right of appeal would increase delay and uncertainty through to the end of the planning process, running counter to the whole thrust of the Bill and wider review of planning in streamlining and front-loading the system”

The Bill is presently passing through Parliament.  The Bill completed Stage 1 on 29 May 2018 and consideration of the Bill at Stage 2 is scheduled to commence on 12 September 2018.  It will be next year (2019) before we have a better idea of what the Planning (Scotland) Act might look like.

 

 

The development plan currently consists of the Scottish Borders Local Development Plan (LDP), adopted in May 2016 and the Strategic Development Plan produced by SESplan, a partnership of six local authorities in the south east of Scotland; Edinburgh, East Lothian, Midlothian, Fife, Scottish Borders and West Lothian, which was approved by Scottish Ministers in June 2013.  SESplan’s second Proposed Strategic Development Plan was submitted to Scottish Ministers in June 2017.

 The Proposed Strategic Development Plan sets out an ambitious vision to guide the growth of the South East Scotland region over the next twenty years.  For the next 12 years (2018-2030), SESplan proposes that most growth will be largely met by land already identified in existing and proposed local development plans.  In the Scottish Borders, existing towns provide the focus for retail, commercial and strategic employment opportunities.  The potential future expansion of the Borders Rail line to Hawick and beyond could provide further opportunities for growth and regeneration in the Central Borders and Hawick.  On the East Coast Main Line, a new station at Reston would provide settlements in Berwickshire with easier access to employment and education opportunities in Edinburgh and stimulate tourism in the area.  Dualling of the A1 and improvements of the A68 and A7 would improve journey times to and from England.  SESPlan proposes a Green Network Priority Area connecting settlements in the Central Borders with Innerleithen and Peebles utilising former railway lines, offering considerable potential for walking and cycling between town centres and tourism attractions such as Abbotsford, Dryburgh Abbey, Traquair House and Glentress Mountain Biking Centre.

In relation to housing supply, the Proposed Strategic Development Plan indicates that there is sufficient housing land supply to meet housing land requirement for the 2018-2030 period in the Scottish Borders based on the land supply set out in the Local Development Plan.  However, a step change in the level of house building is needed if housing supply targets are to be achieved and this may warrant the permitting of proposals for additional housing on sites not identified in the local development plan, subject to it being consistent with the spatial strategy of the development plan and a number of other criteria.  Additional housing land allocations are likely to be required to meet the housing land requirement for the period 2030-2038.  These will need to be made in new Local Development Plans.

The Examination of the Proposed Strategic Development Plan, which commenced in August 2017, has been completed by Reporters appointed by Scottish Ministers and their report was submitted to Scottish Ministers on 20 July 2018.  The Reporters considered twenty-five unresolved issues and have recommended a number of modifications to the Plan.

In relation to the spatial strategy, the Reporters have recommended that the location of any additional sites to those identified in local development plans, that require to be identified for development in the period 2018-2030, should be in and around Edinburgh and along transport corridors.  In relation to Key Areas of Change in the Scottish Borders, the Reporters have recommended that the Strategic Development Plan should give more emphasis to the fact that major flood schemes in Selkirk, Hawick and Galashiels will provide opportunities for growth and regeneration in the Central Borders.

In relation to housing targets, the Reporters have increased the housing supply target for the Scottish Borders for the period 2018-2030 from 4,176 homes to 5,202 homes and the housing land requirement from 4,594 to 5,760 homes.  In relation to the five year effective housing land supply, where a shortfall is identified, sites for greenfield housing development not allocated in local development plans may be granted planning permission subject the development being consistent with the spatial strategy of the development plan and a number of other criteria.

It is now for Scottish Ministers to consider the report and decide whether or not to approve the plan, with or without modifications.

It should be born in mind, however, that future changes in planning legislation may make Strategic Development Plans redundant.  The Planning (Scotland) Bill introduced to the Scottish Parliament on 4 December 2017 sets out the Scottish Government’s proposals for changes to the overall framework under which planning operates.  The Scottish Government proposes that Strategic Development Plans should be removed from the system to be replaced by more proactive regional working partnerships.  So, the Proposed Strategic Development Plan is likely to be the last.  For more information about the Government’s proposals for the planning system, see the ‘Planning (Scotland) Bill 2017’ post.

 

During July 2018, the Scottish Borders Council received 126 applications for planning permission and other consents, including listed building and conservation area consents and applications for works to protected trees.  Two Proposal of Application Notices for major developments in the region were submitted in July:

A Proposal of Application Notice has been submitted for residential development on land south of Craignethan, Newtown St. Boswells (the site at the junction of Eildon Road and Sprouston Road) (SBC Ref: 18/00886/PAN).  The site is identified for residential development in the adopted local development plan with an indicative capacity of 68 houses.  A public consultation event is planned for the 4 September 2018 in the Newtown Community Wing, to be held between 11.00am and 6.30pm.  Details should appear in the Southern Reporter on 23 August 2018.

A Proposal of Application Notice has been submitted for a development by Berwickshire Housing Association of 49 mixed tenure dwellinghouses on land off Summerhill Park, Beanburn, Ayton (SBC Ref: 18/00968/PAN).  A previous public consultation event on a proposed development on this site took place in June 2017.  A further public consultation event, including an exhibition of the design proposals, is planned for the week commencing 17 September 2018 in Ayton Primary School.  The PAN provides no details of the specific date or time for the public consultation event but details should be provided within a press advertisement in the Berwickshire News at least seven days before the planned public event.

A public exhibition on the proposed development of holiday lodges, hotel and golf driving range at the Roxburghe Golf Course, submitted on 20 June (SBC Ref: 18/00799/PAN), is to be held at Heiton Village Hall on 7 August 2018 from 4.00pm to 7.30pm.

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 2018, the council decided 113 applications, only two of which were refused by the Chief Planning Officer, under delegated powers.  An application for the renewal of planning permission for the erection of a dwellinghouse on land near Linthill Cottages, Linthill, Melrose (SBC Ref: 18/00644/PPP) was refused on 23 July.  Although planning permission had previously been granted in July 2015 for a dwellinghouse on the site, this had expired.  Planning policy on housing in the countryside has changed since 2015 as a result of the adoption of the Scottish Borders Council Local Development Plan 2016 (LDP).  The policy on replacement dwellings in the countryside has been significantly revised and the Chief Planning Officer considered that the proposal is now contrary to the strict requirements of policy HD2 of the LDP.  It will be interesting to see if this decision is challenged through the Local Review Body and, if so, whether the LRB takes the same view on the non-conformity of the proposal with the LDP.

An application for the change of use of part of Unit 8 at Tweedside Park, Tweedbank (the former Plexus Facility) to form a gymnasium, children’s soft play area and associated café (SBC Ref: 18/00635/FUL) was refused planning permission on 26 July on the grounds that the proposed uses are not appropriate to a building located within a strategic business park safeguarded for uses falling within Business Classes 4-6.  It will be interesting to see if this decision is also challenged by referral to the Local Review Body.

At its meeting on 16 July, the Council’s Local Review Body (LRB) decided to reverse the Chief Planning Officer’s decision to refuse planning permission for the change of use and alteration of agricultural buildings to form eleven dwellinghouses at Hutton Castle Barns, Hutton in Berwickshire and granted planning permission subject to 12 conditions, informatives and a legal agreement in respect of the payment of a financial contribution towards education facilities and affordable housing in the locality (SBC Ref: 18/00013/RREF & 16/01371/FUL).  The LRB upheld the Chief Planning Officer’s decisions to refuse planning permission for the erection of a dwellinghouse on land south west of 1 Hill Terrace, Stow (SBC Ref: 18/00014/RREF & 17/01734/PPP) and for the erection of a dwellinghouse on land north west of Doonbye, Smith’s Road, Darnick (SBC Ref: 18/00015/RREF & 18/00287/FUL).

At its meeting on 16 July, the Planning and Building Standards Committee considered a report by the Chief Planning Officer on the relaxation of the town centre Core Activity Area Policy (Policy ED4 of the LDP), as it applies particularly to Galashiels and Hawick.  The committee agreed to certain changes in the practice of implementing this policy.  For more information on the implications of these changes, see the post on ‘Town Centre Policy: Amendments to practice for processing planning applications, July 2018’.

On the subject of wider planning issues, the Examination of the Proposed South East Scotland Strategic Development Plan, submitted to Scottish Ministers in June 2017, has been completed by Reporters appointed by Scottish Ministers and their report was submitted to Scottish Ministers on 20 July 2018.  The Reporters appointed to undertake the examination considered twenty-five unresolved issues and it is now for Scottish Ministers to consider the report and decide whether or not to approve the plan, with or without modifications.  For more information on the implications for the Scottish Borders, see my post on ‘Proposed Strategic Development Plan 2017’.

During July, the Scottish Government’s Planning and Environmental Appeals Division (DPEA) received an appeal against the imposition of two conditions to a planning permission, granted by the council on 26 March 2018, for the erection of two wind turbines on land at No. 6 Lamberton Holdings in Berwickshire.  The conditions relate to the requirement to remove the turbines within 25 years.

Five appeals remain to be determined against the refusal of planning permission: (1) for the construction of a wind farm comprising 12 turbines at Pines Burn, south west of Hobkirk (SBC Ref: 17/00010/FUL) (DPEA Ref: PPA-140-2069); (2) for the erection of 7 wind turbines on land north-west of Gilston Farm, near Heriot (SBC Ref: 17/00226/FUL) (DPEA Ref: PPA-140-2068); (3) for the erection of a poultry building at Hutton Hall Barns, Hutton in Berwickshire (DPEA Ref: PPA-140-2065); (4) for the erection of a poultry building at Easter Happrew in the Manor Valley, west of Peebles (DPEA Ref: PPA-140-2062); and (5) a residential development of 38 dwellings at Marchmont Road, Greenlaw in Berwickshire (DPEA Ref: PPA-140-2059).

Scottish Ministers have called-in for determination the application by Eildon Housing Association for residential development at Huddersfield Street, Galashiels in view of the proposed development’s possible significant level of flood risk (SBC Ref: 17/00695/FUL) (DPEA Ref: NA-SBD-054).  A hearing session has been arranged, to be held on Wednesday 15 August at 10.00am in the Waverley Suite at the Transport Interchange, Galashiels.

The public inquiry to be held in relation to the refusal of planning permission for the erection of 7 wind turbines on land north-west of Gilston Farm, near Heriot (SBC Ref: 17/00226/FUL) (DPEA Ref: PPA-140-2068), which was to commence at 10.00am on 24 July 2018 in the Novotel Hotel, Edinburgh Park (near the Gyle), has been cancelled as un-necessary following agreement on the suspensive conditions required in relation to Edinburgh Airport radar.

Three wind farm applications submitted to the Scottish Government under Section 36 of the 1989 Act, to which the Scottish Borders Council has objected, remain outstanding: (1) the application for a 12 turbine extension to the existing Fallago Rig wind farm in the Lammermuir Hills; (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); and (3) an application for the erection of 15 wind turbines on land at Birneyknowe, near Bonchester Bridge, south-east of Hawick (DPEA case reference WIN-140-7).  The Reporter’s reports in relation to the two Fallago Rig applications have been submitted to Scottish Ministers and their decision is awaited.  In relation to the Birneyknowe application, the Reporter hopes to be in a position to submit the report to Scottish Ministers in August.

 

The Scottish Borders Local Development Plan 2016 (LDP) supports a wide range of uses appropriate to town centres in Duns, Eyemouth, Galashiels, Hawick, Jedburgh, Kelso, Melrose, Peebles and Selkirk.  However, in order to protect the vitality and viability of the ‘Core Activity Areas’ of these town centres, policy ED4 of the LDP restricts acceptable uses in these areas to Class 1 (shops) and Class 3 (food and drink establishments) of the Use Classes Order.  Proposals for uses within Class 2 (financial, professional and other services) of the Use Classes Order are only acceptable where they contribute positively to the core retail activity of the area and are assessed against the following criteria:

• How the proposed use would contribute to joint shopping trips;
• Footfall contribution;
• Current vacancy and footfall rates;
• Longevity of vacancy;
• Marketing history of premises; and
• Ability to retain shop frontage.

Policy ED4 also indicates that decision making on what uses are acceptable will be guided by research or studies on vitality and viability by the council or developers.

Only a relatively small part of the region’s town centres are identified as ‘Core Activity Areas’ (CAA).  For instance, in Galashiels, the CAA is limited to the frontages of Bank Street (from Bank Street Brae to Cornmill Square), the west side of Market Street between Cornmill Square and Overhaugh Street, both sides of Channel Street between Park Street and the Market Square, and the Douglas Bridge development.  Channel Street west of Park Street, the whole of High Street and Island Street, lie outwith the Galashiels CAA and there are no such restrictions on proposed uses in these streets.  In Hawick, only the frontages of High Street between Cross Wynd and Baker Street are identified within the CAA.  The High Street south of Cross Wynd, Bourtree Place, North Bridge Street, the Sandbed, Tower Knowe/Silver Street, Howegate and Commercial Road all lie outwith the Hawick CAA and there are no such restrictions on proposed uses in these streets.

At present, the CAA policy allows uses such as shops, hairdressers, travel agents, dry cleaners and laundrettes, restaurants, cafes, snack bars, public houses and even car sales on the identified frontages.  Uses such as betting offices, beauticians, nail salons, tattooists, estate agents, photographic studios, dog groomers, vets, dental surgeries, solicitors, accountants, financial/mortgage advisors and other professional services are only acceptable where they contribute positively to the core retail activity of the area.  Some of these uses do exist in the core activity areas of the Border towns, however, for they were in existence before the policy was first devised in the 1970s and 1980s, and some of these uses have been allowed where the council considered that the proposal would contribute positively to the core retail activity of the area.  For instance, in April, 2018, the Local Review Body reversed the decision of the Chief Planning Officer to refuse planning permission for a change of use from retail to dog grooming practice of 38 Bank Street, Galashiels, which is within the CAA, and granted planning permission on the grounds that the proposed use would contribute positively to the core retail activity of the area.  Earlier this month, planning permission was granted for a change of use from retail to dog grooming salon at 9A Bank Street, Galashiels which, although located on Bank Street, lies outwith the Galashiels CAA.  On the other hand, planning permission was refused in May 2018 for the change of use of a retail unit to a tattoo studio at 52 Bank Street, Galashiels, within the CAA.  The change of use of retail units at Douglas Bridge to a Job Centre was approved in November 2017 on appeal by a Scottish Government Reporter, who considered that the proposed use, although not as desirable as a retail use, would make a positive contribution to the core retail function of the CAA.

In Hawick, planning permission was granted in August 2017 for the change of use of 52 High Street, which is within the Hawick CAA, from retail to coffee shop.  Planning permission was granted in April 2018 for the change of use of 53 High Street, Hawick, which is also within the Hawick CAA, from retail to form a restaurant with takeaway.  Outwith the CAA, planning permission was granted in January 2017 for the change of use of 34 North Bridge Street from office to dog grooming parlour.  No planning applications for such uses in the Hawick CAA have been refused in recent years.

There is, quite clearly, a measure of flexibility in the present policy that enables the council to allow a variety of non-retail uses within Core Activity Areas, each proposal being considered on its merits against the criteria set out in policy ED4 of the LDP.  However, following a study by the Planning Department to examine ways to revitalise and re-invigorate the town centres of Galashiels and Hawick, the Planning and Building Standards Committee at its meeting on 16 July 2018 agreed to the removal of the restrictions imposed by the CAA designation in Hawick and to a relaxation in the way CAA policy is implemented in Galashiels for a trial period of one year.  It is also proposed that, within Galashiels town centre, the requirement for developer contributions to affordable housing and education provision would be temporarily removed for one year.  Contributions to the Borders Railway must remain as they are a statutory requirement.  There would, however, be a general presumption in Hawick and Galashiels against anti-social uses within these town centres which may have detrimental impacts on the amenity of residential property and other uses.

To be more specific, proposals in the Hawick CAA will simply be tested against LDP policy ED3, which allows a mix of uses in town centres.  Proposed changes of use from retail to a range of financial and professional office uses and other service uses, such as a betting office, beauticians, dog groomers and tattooists will not need to be assessed against the criteria in policy ED4, such as footfall contribution and longevity of vacancy.  In Galashiels CAA, these proposed changes of use will continue to be assessed against the criteria in policy ED4.  Potential uses identified in the report prepared by the Planning Department that could, however, be considered more favourably are: betting office, beautician, nail salon, estate agent, dog groomers and tattooists.  The report also sets out further guidance in relation to two of the criteria listed in policy ED4; the judging of applications in terms of the longevity of vacancy and the marketing history of the premises, which should be taken into account when assessing proposals within the Core Activity Areas of Galashiels and the other identified towns in the Borders.  The report also indicates that in assessing the contribution that a proposed use makes to the Core Activity Area, the economic benefits of the proposal, the footfall it is likely to generate and how active the proposed frontage is, would be taken into account.

These relaxations have been welcomed but only time will tell whether the changes proposed will have any significant effect on the vibrancy and vitality of Galashiels and Hawick town centres.  It will be interesting to see how many proposals for the change of use of retail premises to other uses come forward in the Galashiels and Hawick Core Activity Areas within the next year and whether there is any significant change in footfall or a reduction in vacancy rates as a result.  I look forward to seeing the report back at the end of the trial period.