Permission for two Borders houses on flood plain withdrawn after review

West Sussex-based Bentley Developments has already built most of its planned development of four-bedroom homes at Mounthooly, having received permission to do so in 2015.

However, an application to extend that permission for the final two plots just off the A698 Jedburgh-to-Kelso Road, by three years has led to a legal battle with planners at Scottish Borders Council.

It comes after officers recommended the extension of the lifespan of the approval be denied due to a new-found flood risk.

Members of the council’s local review body waded through legal paperwork between its own planners and the developer before agreeing to refuse the firm’s plea.

The council’s chief legal officer, Nuala McKinlay, said: “It has been argued by the applicant that to look at the flooding impact on the site at this time is to go beyond the powers of the planning authority.

“They argue it is not proper to consider the overall effect of a planning application in terms of a relaxation application.

“Generally, that position is correct in law. However, it is not without exception.

“In this particular circumstance, the effect of the condition which is to be removed would enable a development to be built which, if you do not consent, will now not be able to be built.”

Both the council’s flood team and the Scottish Environment Protection Agency (SEPA) now object to housing on the site, having examined a more in-depth flood risk study.

More from the meeting here:

https://www.thesouthernreporter.co.uk/news/people/wrong-windows-prove-pane-glass-jedburgh-home-owner-2872955 https://www.thesouthernreporter.co.uk/news/people/rejected-hume-homes-given-thumbs-appeal-councillors-2873242

However, Jedburgh councillor Scott Hamilton argued the site is not prone to flooding and warned against taking the agency’s objection too literally.

“It’s a very interesting case with the legal back story,” he said.

“Going on the advice of our legal team, I think it’s appropriate we consider the matter in its entirety, but I do have some issue with the flood officer and SEPA’s findings on this.

“The main Jedburgh-to-Kelso road there is on a rise. I’m not quite convinced by some of the information coming from our own flood officer or SEPA with this one.

“This area is very difficult to flood, and I do have some concerns with taking the advice too literally here.”

He failed to gather support for an overturning of the recommendation, though, the majority of his fellow councillors deeming that permission should be allowed to lapse.

Kelso councillor Simon Mountford added: “It would be negligent of the council to allow this extension given that we now have further information on flood risk.

“To support the building of houses on a flood plain where we know they are going to be in danger of flooding is irresponsible.”