- Title or Description
- Slaters Yard, St Boswells - Pre Application communications
- FOI Number
- 15781
- Date Received
- 10/11/2021
- Type of Request
- EIR
- Request or Question
-
I write as Secretary of the St Boswells Parish Community Council.1. We seek information as to any pre-application communications between SBC officials, councillors and the proposed developers of the former slaters yard in St Boswells, especially any references to the clear statutory requirement for change of use to the current use, the sale and/or display of motor vehicles.
2. We seek information as to whether, following correspondence with the CC when a change of use was pointed out which had been made without planning consent, planning and enforcement officials of SBC sought advice from legal officials as to whether a change of use was required at the former slaters yard St Boswells in view of The Town and Country Planning (Use Classes) (Scotland) Order 1997 section 3 (5) (d) in which the sale or display of motor vehicles is specifically identified as being sui generis, in other words a separate Use Class in its own right: this means that a change of use must be obtained for this new use at slaters yard. We seek a copy of any such advice.
3. We seek information as to whether SBC legal officials, and planning and enforcement officials, ever sought advice or discussed the point put by the Community Council that any planning condition which requires landscaping on ground over which the developers have no control is unenforceable: this point was put to Council officials at the time of consideration of the retrospective application for planning permission for the fence around this compound, as yet unlandscaped. We seek a copy of any such advice and discussions.
4. Finally, we seek an answer to the question as to whether the former slaters yard site is located within the Area of Special Advertising Control and whether indeed the Area of Special Advertising Control still has effect. These questions have been posed to SBC planning and enforcement officials and unfortunately no answer has yet been forthcoming. - Response
-
1. Relevant searches have been undertaken by Planning officers and I can confirm that no pre-application has been received. Therefore, I advise that no such communication is held.
2. I can confirm that Scottish Borders Council Planning and Enforcement officers did not seek legal advice and no information is held. Therefore, we give notice under Regulation 10(4)(a) of the EI(S)R 2004.
3. As above, no information is held. Therefore, we give notice under Regulation 10(4)(a) of the EI(S)R 2004.
4. There are no Areas of Special Advertisement Control in the Scottish Borders.
