Agenda and minutes
Venue: Council Chamber, Council Headquarters, Newtown St Boswells, TD6 0SA
Contact: Fiona Walling 01835 826504 email fwalling@scotborders.gov.uk
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Copies of the following papers attached:- Additional documents:
Minutes: There had been circulated copies of the request from Mr Keith Redpath, per RG Licence Architect, Hillend, Cliftonhill, Kelso, to review refusal of the planning application for part change of use from agricultural barn to vehicle body repair and paint shop with associated parking (retrospective) at Mid Softlaw Farm, Kelso. The supporting papers included the Notice of Review; Decision Notice; Officer’s Report; papers referred to in Officer’s Report; Consultations; and a list of policies. After firstly considered whether certain matters included in the review documentation constituted new evidence under Section 43B of the Act and whether or not this evidence could be referred to in their deliberations, Members determined that these matters could be referred to. Members noted that agricultural engineering was already taking place in other parts of adjoining buildings at the farm holding. They also noted that suitable farm diversification was encouraged by Council policies. Members ensuing discussion focussed on whether the farm steading was an appropriate location for this type of business, any potential impact on residential amenity of the proposals and the issue of sustainability of transport in relation to the operation of the business at that location. Members’ opinion was divided on these issues.
VOTE
Councillor Fullarton, seconded by Councillor Mountford, moved that the decision to refuse the application be reversed and the application approved.
Councillor Aitchison, seconded by Councillor Small, moved as an amendment that the decision to refuse the application be upheld.
On a show of hands Members voted as follows:-
Motion - 4 votes Amendment - 3 votes
The motion 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 matters raised relating to further information on working hours, machinery and staff facilities met the test set out in Section 43B of the Town and Country Planning (Scotland) Act 1997 and could be taken into consideration;
(c) the review could be considered without the need for any further procedure on the basis of the papers submitted;
(d) the proposal was consistent with the Development Plan; and
(d) the officer’s decision to refuse the application be reversed and planning permission be granted subject to conditions, for the reasons detailed in Appendix I to this Minute.
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Copies of the following papers attached:- Additional documents:
Minutes: There had been circulated copies of the request from Mr A. Anderson, per Ferguson Planning, Shiel House, 54 Island Street, Galashiels, to review the refusal of the planning application for erection of two dwellinghouses in paddock south of and incorporating part garden ground of 1 Cowdenburn Cottages, West Linton. Included in the supporting papers were the Notice of Review (including the Decision Notice, Officer’s Report and Consultations); papers referred to in the Officer’s Report; and a list of policies. In their opening discussion Members agreed that a building group existed at Cowdenburn Cottages and that there was capacity to increase the number in the group by up to two additional dwellinghouses. Members went on to discuss whether the site would more appropriately accommodate one rather than two houses, in terms of the character of the building group. They also considered the potential impact of the development on trees and were particularly concerned about the protection of the mature Sycamore which was next to the proposed access to the site. After a lengthy debate, Members’ opinion remained divided.
VOTE
Councillor Aitchison, seconded by Councillor Mountford, moved that the decision to refuse the application be reversed and the application approved.
Councillor Fullarton, seconded by Councillor Ramage, moved as an amendment that the decision to refuse the application be upheld.
On a show of hands Members voted as follows:-
Motion - 4 votes Amendment - 4 votes
The Chairman used his casting vote in favour of the motion which 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 reversed and planning permission be granted subject to conditions and a legal agreement, for the reasons detailed in Appendix II to this Minute.
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