A Peebles community faces another application to build on their play area. Despite protections in their title deeds and planning conditions preventing building, this is the seventh application to build on this green space faced by residents in Ballantyne Place. If it can happen to them, it could happen to anyone.

Permission for 28 homes at Ballantyne Place, on the site of the former March Street Mills, was granted by SBC in 2005. The play area was intended to help support community for adults and children alike. Approved plans for 71 homes on the remaining March Street Mill site next door show a generous multitude of public green space and landscaping. These features and the allotments are protected by conditions in the planning approval granted in January.

But are green spaces and play areas like these safe from development in the Borders? Applications from developers to build on the residents’ play area in Ballantyne Place began in 2011. Five applications were made, between 2011, and 2019 before being withdrawn. Planners recommended a sixth application in 2020 for approval, saying “There would be no unacceptable adverse impacts on residential amenity.” Sensibly SBC’s Planning Committee disagreed, refusing the application and finding that removal of the play area violated SBC’s protection of Greenspace policy and was overdevelopment. The applicant appealed to the Scottish Government, who dismissed the appeal in June 2021. That process took a year – a very stressful time for residents.

An objection to the current proposal describes what happened next:

“In a spiteful act of vandalism, in October 2021 the owner arranged for a bulldozer which proceeded to destroy all the work that residents had put into creating a welcoming, safe gathering space. This was witnessed by parents and young children alike. The resultant piles of broken tarmac and paving slabs, rubble and smashed wooden seating were strewn across the area. This presented a significant risk of physical injury to children who continued to play there, as well as appearing extremely unsightly. The matter was featured in the Peeblesshire News on 27th October 2021.”

Ownership of the land changed again recently with the new, seventh application to build on this play area. Residents, Peebles Civic Society and PCC have written detailed objections opposing the development. However, we are also asking why, after a refusal by SBC’s Planning Committee and a dismissal of appeal by the Reporter, must the community in Ballantyne Place go through this again?

PCC help the public in supporting or objecting to applications with reference to lawfulness and policy. We looked closely at what the Planning Act and Regulations had to say about the legality of this latest application and consulted, Planning Aid Scotland and Citizens Advice Bureau (not formal legal advice – we have no budget). On a reading of the Planning Act (to our non-legally trained eyes) we don’t believe local authorities have the power to materially change planning permissions once developments have been completed – and without that power, the Ballantyne Place application should be rejected. Apparently, it is normal practice for SBC to change completed permissions.

Given this potentially affects green spaces and play areas across the Borders we wrote to SBC setting out our concerns (available in full on the planning portal). SBC have promised a reply from their legal department but have refused to extend the deadlines for comment. Once we receive SBC’s reply and explanation, we will continue to support the residents. Pro bono legal advice would assist us greatly.

Dr Michael Marshall
Planning Convenor
Peebles & District Community Council

As always: support or comment to Anne Snoddy (Secretary PCC)