Agenda item

Copies of the following papers attached:-

There had been circulated copies of the request from Mrs Anne McKelvey, per Ferguson Planning, 54 Island Street, Galashiels, to review the decision to refuse the planning application in respect of the erection of a dwellinghouse on land south east of Beckhope, Kailzie, Peebles. Included in the supporting papers were the Notice of Review (including the Decision Notice and officer’s report); papers referred to in the officer’s report; consultations; and a list of relevant policies.  The Local Review Body considered a piece of new evidence that had been submitted with the Notice of Review as detailed in Appendix IV to this Minute. After applying the test under Section 43B of the Town and Country Planning (Scotland) Act 1997 Members concluded, for the reasons given, that reference could be made to this new evidence as part of the determination of the review.  Having agreed that there was a building group in the vicinity of the site Members noted that there had been a previous approval for a dwellinghouse on land to the south of the application site but that, due to woodland being established on the site a recent application to renew consent had been unsuccessful.  Members’ attention focussed on whether the alternative application site now proposed related well to the existing building group in terms of its location, character and scale.  Consideration was also given to the fact that the site was located within a previously undeveloped field.  After a lengthy debate Members’ opinion remained divided on these issues.

VOTE

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

Councillor Mountford, seconded by Councillor Fullarton, 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             - 2 votes

Amendment     - 6 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)          in accordance with Section 43B of the Town and Country Planning (Scotland) Act 1997 the review could be determined with reference to the new evidence submitted with the Notice of Review documentation;

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

(d)       the proposal would be in keeping with the Development Plan; and

(e)        the officer’s decision to refuse the application be reversed and planning permission be granted subject to conditions and a legal agreement, for the reasons detailed in Appendix IV to this Minute.