Tuesday, 12 March 2024

Borders planning authority both for and against same scheme

by OUR LOCAL GOVERNMENT EDITOR

An application from a business which was deemed by planning officers to be in line with Scottish Borders Council's approved Local Development Plan only three months ago is now being opposed by  the local authority which claims the proposal "is not in accordance with" the aforementioned development plan. 

The complete volte-face by the Borders planning authority comes after councillors decided by five votes to two to reject a recommendation for approval from their chief planning officer Ian Aikman.

Instead, the elected members dismissed proposals for the formation of storage space for agricultural machinery and equipment, and for up to 2,500 tonnes of potatoes on land at Mounthooly, near Jedburgh.

According to the committee decision: "The proposed development would lead to the loss of prime quality agricultural land" and use of the site for storage would not be compatible with or reflect the character of the surrounding area.

Following an appeal to the Scottish Government's Planning and Environmental Appeals Division [DPEA] by Andrew Ramsay, of Kelso-based Ramsay Mounthooly Ltd., SBC now finds itself asking planning reporter Sarah Foster to reject the appeal. Ms Foster is due to carry out a site visit this week.

Among the 16 objectors to the original proposal was Ross Horrocks, owner of the award winning Borders restaurant The Caddy Mann which is situated close by the development site.

Mr Horrocks told planners: "As an immediate neighbour and a longstanding popular business, the application as it stands would have a serious detrimental effect both on our business and the wellbeing and safety of the other residents of Mounthooly.

"More recently, this reasonably quiet farmyard has turned into a busy industrial estate with a large amount of heavy traffic, numerous businesses operating from different buildings, and further buildings being erected causing both noise and light pollution".

The Caddy Mann has been named the UK's best game restaurant and overall Scottish champion, and has featured in the Visit Scotland awards for 14 consecutive years.

Professor John Darling, and his wife Pamela, who live in Mounthooly House, claimed in their objection letter that local residents had seen a transition from small scale seed potato storage to high intensity continual industrial activity with early morning starts and late evening and weekend working throughout the year.

In recommending approval for the scheme in a report to the December meeting of SBC's Planning and Building Standards Committee, Mr Aikman wrote: "The proposed use would not be incompatible with the existing land use pattern or the residential amenity of neighbouring properties.

"The choice of site, layout, and scale of proposals will not result in further adverse impacts. The development will accord with the relevant provisions of the statutory Development Plan and there are no material considerations that would justify a departure from these provisions".

However, in her communication to the appeal reporter in the wake of the committee decision, the council's managing solicitor Sarah Thompson states: "It is submitted by the Planning Authority that the proposed development is not in accordance with the Scottish Borders Local Development Plan 2016. It is therefore respectfully submitted that the appeal should be dismissed."

Craig Smail, clerk of works at Lothian Estates, and agent for Mr Ramsay has pointed out to Ms Foster that in the 20 years of his client owning the adjacent site they had never known it to yield any agricultural produce. The small area of land (a paddock) made it impractical for modern-day machinery.

A decision on Mr Ramsay's appeal is expected by early April.

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