Agenda and minutes

In terms of Section 5 of the Councillors Code of Conduct, Councillor Mountford declared an interest in Item 4 of the agenda (application 16/01425/PPP ) and Councillor Gillespie declared an interest in Item 6 of the agenda (application 16/01536/PPP ).  The Councillors left the meeting during consideration of these respective reviews.

Copies of the following papers attached:-

There had been circulated copies of the request from Mr & Mrs Brian Soar, per Aitken Turnbull Architects Ltd, 9 Bridge Place, Galashiels, to review the decision to refuse the planning application in respect of the erection of a dwellinghouse on land east of Keleden, Ednam.   The supporting papers included the Decision Notice; Notice of Review; officer’s report; papers referred to in the report; consultations; an objection; and a list of relevant policies.  Members noted that the site proposed for development lay outside the settlement boundary of Ednam, as defined in the Local Development Plan. In recognising this, Members also referred to the fact that the Development Plan had been approved recently and had been subject to public consultation. They also made reference to the decision of a previous Local Review Body which determined that the two houses on the opposite side of the road from the development were clearly linked to the Cliftonhill building group.  Members’ ensuing discussion therefore explored whether or not there were any exceptional circumstances which would justify approval of the application.  There was particular focus on the question as to whether there was any economic justification for the erection of a house on this site.

VOTE

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

Councillor Fullarton, seconded by Councillor Gillespie, moved as an amendment that consideration of the application be continued for further procedure in the form of a request for written submissions in respect of economic justification for the development.

Councillor Ballantyne moved as a further amendment that the decision to refuse the application be reversed and the application approved. However this amendment was not seconded.

On a show of hands Members voted as follows:-

Motion             - 4 votes

Amendment     - 3 votes

The motion 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)       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 I to this Minute.

Copies of the following papers attached:-

There had been circulated copies of the request from Cleek Poultry Ltd, The Tractor Shed, Kirkburn, Cardrona, to review the decision to refuse the planning application in respect of erection of a cattle building with accommodation in Field No 0328, Kirkburn, Cardrona.  Included in the supporting papers were the Decision Notice; Notice of Review; officer’s report; papers referred to in the report; consultations; and a list of relevant policies.  A business plan submitted by the applicant had also been circulated but Members were concerned at the lack of information it contained and did not believe it provided economic justification of a building of this scale in this location. In their discussion Members considered the potential impact of the development on the adjacent archaeological site, on the character and quality of the landscape and in particular the proximity of the proposed cattle shed to the existing approved application for holiday lodges. With reference to the planning history associated with this piece of land, Members emphasised again the need for an overall masterplan for the site.

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.

There had been circulated copies of the request from Miss Kerrie Johnston, of 47 Curror Street, Selkirk, to review the decision to refuse the planning application in respect of the erection of a dwellinghouse on land east of Highland Brae, Lilliesleaf.   The supporting papers included the Decision Notice; Notice of Review; officer’s report; papers referred to in the report; consultations; and a list of relevant policies.  In their initial discussion of the proposed development site Members noted that this was outside the settlement boundary of Lilliesleaf and that a building group did not exist.  Members agreed that the proposal would be contrary to the development plan but after further lengthy debate came to the conclusion that there were exceptional circumstances to justify the erection of a dwellinghouse at this site. 

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 was contrary to the Development Plan but that there were other material considerations that would justify departure from the Development Plan; and

(d)       the decision of the appointed officer to refuse the application be reversed and the application for planning permission be granted, subject to conditions and a legal agreement, for the reasons given in Appendix lll to this Minute.