Agenda and minutes

Copies of the following papers attached:-

MEMBER

Councillor Ramage had not been present at the site visit and previous meeting in respect of the undernoted application and was therefore unable to participate in the further consideration.  Councillor Ramage withdrew from the Chamber for this part of the meeting.

With reference to paragraph 5 of the Minute of 19 June 2017 and paragraph 2 of the meeting of 17 July 2017, Members continued consideration of the request from

GS Chapman Vehicle Body Repairs, per Ericht Planning & Property Consultants, Gifford House, Bonnington Road, Peebles, to review the decision to refuse the planning application in respect of the erection of a vehicle body repair workshop and associated parking on land north west of Dunrig, Spylaw Farm, Lamancha, West Linton. In response to the request by the Local Review Body for additional information, there had been circulated a statement and associated documents, provided by the applicant, and a response from the appointed planning officer. The papers which accompanied the request for review had also been re-circulated.  Members agreed that the site visit and additional information provided had been helpful in their consideration of the application. They recognised the strong economic case for supporting the business and that efforts had been made by the applicant to identify alternative sites. There followed a lengthy debate which focused on the suitability of the proposed site for this development.

VOTE

Councillor Aitchison, seconded by Councillor Miers, moved that the decision to refuse the application be upheld.

Councillor Hamilton, seconded by Councillor Anderson, moved as an amendment that the decision to refuse the application be reversed and the application approved.

On a show of hands Members voted as follows:-

Motion             - 1 vote

Amendment     - 4 votes

The amendment was accordingly carried.

DECISION

DECIDED that:-

(a)        the review could be determined without further procedure on the basis of the papers submitted, the unaccompanied site visit and additional information provided by the applicants;

(b)       the development was consistent with the development plan and there  were no other material considerations that would justify departure from the Development Plan; and

(c)      the decision of the appointed planning officer to refuse the application be  reversed and the application for planning permission be granted, subject to conditions, for the reasons given in Appendix I to this Minute.

Copies of the following papers attached:-

There had been circulated copies of the request from Roxburghe Estates, per Ferguson Planning, 54 Island Street, Galashiels, to review the decision to refuse the planning application in respect of change of use of redundant steading and alterations to form dwellinghouse with associated parking and infrastructure works North West of Pots Close Cottage, Kelso.   Included in the supporting papers were the Notice of Review (including the Decision Notice and Officer’s Report); consultations; and a list of relevant policies.  Members considered the appearance and proportion of new-build in the proposed development.  They debated at length whether the proposal was an acceptable conversion of an existing building or was in effect a new-build dwellinghouse.

DECISION

AGREED that:-

(a)        the request for a review had been competently made in terms of Section 43A of the Town and Country Planning (Scotland) Act 1997;

(b)       the review could be considered without the need for any further procedure on the basis of the papers submitted;

(c)        the proposal would be contrary to the Development Plan and that there were no other material considerations that would justify departure from the Development Plan; and

(d)       the officer’s decision to refuse the application be upheld for the reasons detailed in Appendix II to this Minute.

Copies of the following papers attached:-

There had been circulated copies of the request from Ms Gillian Mackay, Woodlands, The Woll, Ashkirk, to review the decision to refuse the planning application in respect of the erection of a dwellinghouse on land South of Balmerino, Ashkirk.   Presented in the supporting papers were the Notice of Review; Decision Notice; Officer’s Report; consultations; objections; additional representation; and a list of relevant policies.  Members noted that the application site lay outside the development boundary for the village of Ashkirk.  Their discussion therefore focused on whether there were any exceptional grounds for allowing the development.

DECISION

AGREED that:-

(a)        the request for a review had been competently made in terms of Section 43A of the Town and Country Planning (Scotland) Act 1997;

(b)       the review could be considered without the need for any further procedure on the basis of the papers submitted;

(c)       the proposal would be contrary to the Development Plan and that there were no other material considerations that would justify departure from the Development Plan; and

(d)       the officer’s decision to refuse the application be upheld for the reasons detailed in Appendix III to this Minute.

Copies of the following papers attached:-

There had been circulated copies of the request from Mr and Mrs D. Gold, per Kanak Bose Ltd, Ogscastle, Roman Road, Carnwarth, to review the decision to refuse the planning application in respect of erection of a dwellinghouse with attached garage and workshop on land North West of Alderbank, Macbiehill, West Linton.  Included in the supporting papers were the Notice of Review (including the Decision Notice and Officer’s Report); papers referred to in the report; consultations; and a list of relevant policies.  Having agreed that there was a building group at Macbiehill, Members’ initial discussion focused on whether the site for the proposed development was a suitable addition to the group.  Their attention then moved to consider the relationship of the proposed dwellinghouse with the adjoining property “Alderbank”.

DECISION

AGREED that:-

(a)        the request for a review had been competently made in terms of Section 43A of the Town and Country Planning (Scotland) Act 1997;

(b)       the review could be considered without the need for any further procedure on the basis of the papers submitted;

(c)        the proposal would be contrary to the Development Plan and that there were no other material considerations that would justify departure from the Development Plan; and

(d)       the officer’s decision to refuse the application be varied and the application refused for the reasons detailed in Appendix IV to this Minute.

Copies of the following papers attached:-

There had been circulated copies of the request from Mr David and Mrs Jane Gordon, per David Jane Architects, 5 High Street, Innerleithen, to review the decision to refuse the planning application in respect of erection of replacement windows and installation of chimney flue at 5 High Street, Innerleithen.  Included in the supporting papers were the Notice of Review; Decision Notice; Officer’s Report; papers referred to in the report; consultations; and a list of relevant policies.  The Chief Planning Officer advised that planning consent had been given for the replacement windows in an earlier application.  The appeal therefore related just to the installation of the chimney flue.  After initial discussion of the application Members referred to the complexity of the technical information provided and decided that they would like further explanation about how the ABCAT flue gas filter reduced flue emissions and the reasons for the objections to the flue by the Environmental Health Officer.  It was therefore agreed to undertake further procedure in the form of a hearing and that this should also include consideration of: the nuisance issues associated with the flue and implications of the increase in length of the flue as well as the technical issues associated with the ABCAT gas filter.

DECISION

AGREED that:-

(a)        the request for a review had been competently made in terms of Section 43A of the Town and Country Planning (Scotland) Act 1997;

(b)       the review could not be considered without further procedure in the form of a hearing session; and

(c)        that the applicant, Environmental Health Officer and Planning Officer be invited to attend a hearing to provide information on: the technical elements regarding the use of a chimney flue, specifically in relation to the proposed use of an ABCAT flue gas filter; nuisance issues associated with the proposed chimney flue; and the implications of the increase in length of the flue.