Scottish Borders Council

Agenda item

Consider request for review of refusal of planning consent in respect of erection of boundary fence (retrospective) at 33 Justice Park, Oxton. 17/00308/FUL. 17/00040/RREF

Minutes:

There had been circulated copies of the request from Mr Marc Ridgway of 33, Justice Park, Oxton, to review the decision to refuse the planning application in respect of the erection of a boundary fence (retrospective) at 33 Justice Park, Oxton. Included in the supporting papers were the Notice of Review; Decision Notice; officer’s report; papers referred to in the report; consultation; and a list of relevant policies.  Members were sympathetic to the applicant’s requirement for a fence to secure dogs within his property.  However concern was expressed at the height and location of the structure, which was immediately adjoining the roadway.  They discussed at length the visual impact of the fencing on the open plan design and character of the housing development and whether, in its position adjacent to the footway, any mitigation to that impact was possible in terms of planting.

 

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.

 

Supporting documents:

 

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