Agenda item

Copies of the following papers attached:-

There had been circulated copies of the request from Mr Malcolm Pearson, per Smith & Garratt, The Guildhall, Ladykirk, to review the decision to refuse the planning application in respect of the erection of a dwellinghouse with attached garage on land north east of The Old Church, Lamberton. 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; objections; and a list of relevant policies. In their initial discussion Members accepted that there was a building group at Lamberton and agreed that the proposed development site was a suitable addition to the group.  Opinion was divided in respect of the scale, design and visual impact of the new house. The comparative level of the proposed site alongside the adjoining building group was considered to be a significant factor.  Consideration was also given as to whether there was any impact on the setting of the Scheduled Ancient Monument – Lamberton Church.

VOTE

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

Councillor Mountford, seconded by Councillor Laing, 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             - 3 votes

Amendment     - 5 votes

The amendment was accordingly carried and the application approved.

DECISION

DECIDED 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 in keeping with the Development Plan; and

(d)       the officer’s decision to refuse the application be overturned, subject to conditions and a legal agreement, for the reasons detailed in Appendix I to this Minute.