Agenda and minutes

Copies of papers re-circulated as follows:-

With reference to paragraph 1 of the Minute of 19 December 2016, and following an unaccompanied site visit, Members continued consideration of the request from Mr J M and R Bayne, per Ferguson Planning, 54 Island Street, Galashiels, to review the decision to refuse the planning application in respect of the erection of 2 No. dwellings for holiday let and associated infrastructure works on land north west of 4 Rink Farm Cottages, Galashiels. The papers which accompanied this review had been re-circulated.  Members agreed that the site visit had been useful in order to assess the landscape and visual impacts of the proposed development and to assist them to make the judgement as to whether these impacts would be outweighed by the potential economic benefits of the project. Members were unanimous in their view that the site chosen for the high class accommodation was ideal in terms of the views across the valley and that the developer had given careful consideration to the design of the units and a way of fitting them into the hillside with minimal impact on the landscape.

DECISION

AGREED that:-

(a)        the review could be determined without further procedure on the basis of the papers submitted and the unaccompanied site visit;

(b)       the proposal was consistent with the Development Plan and that 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 and informatives, for the reasons given in Appendix l to this Minute.

Copies of the following papers attached:-

There had been circulated copies of the request from Mr & Mrs P Costello, Crawfield, Auchencrow, Eyemouth, to review the decision to refuse the planning application to vary Condition 3 of 06/00243/OUT and Condition 5 of 13/00897/PPP pertaining to access road at Plots 1 and 2, The Putting Green, Auchencrow.  The supporting papers included the Decision Notice; Notice of Review; officer’s report; papers referred to in the report; consultation; and a list of policies.  The Local Review Body considered a letter which was submitted with the Notice of Review and which constituted new evidence.  For the reasons detailed in Appendix ll to this minute, Members concluded that this evidence should be disregarded.  There followed a lengthy and detailed discussion about the suitability of the existing gravel surface on the shared access to the two new houses, in this rural location, bearing in mind the condition placed on several previous consents for the site which required a bituminous surface.  There was a division of opinion amongst Members as to the suitability of the surface and whether gravel on the fixed eco-grid matting system constituted a bound surface, which for this particular application would meet the intention of the condition.

VOTE

Councillor Campbell, seconded by Councillor Gillespie, moved that the decision to refuse the application be upheld.

Councillor Ballantyne, 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             - 4 votes

Amendment     - 5 votes

The amendment was accordingly carried.

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 be determined without 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 development was consistent with the Development Plan and there were no other material considerations that would justify departure from the Development Plan; and

(e)        the decision of the appointed officer to refuse the application be reversed and the application for planning permission be granted, subject to the varied condition, as detailed in Appendix II to this Minute.