Agenda and minutes

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 storage building for agricultural machinery in Field No 0328, Kirkburn, Cardrona.  Included in the supporting papers were the Notice of Review (including the Decision Notice); officer’s report; papers referred to in the report; consultations; and a list of relevant policies. In considering the application Members focused in particular on the elevated site of the building and its potential impact on the landscape when viewed from across the valley.  It was noted that the application did not include the required information on traffic movements to be able to assess road safety implications and Members were also concerned at the lack of information to provide economic justification for a machinery storage shed on this scale.

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 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 straw storage building in Field No 0328, Kirkburn, Cardrona.  Included in the supporting papers were the Notice of Review (including the Decision Notice); officer’s report; papers referred to in the report; consultations; and a list of relevant policies. Although Members accepted that a small holding may require a building in which to store straw they were concerned that no information had been presented to explain the activities carried out on the site and specifically whether any livestock was kept on the site. Further concern was expressed that, due to the height of the proposed building and its position on an elevated site, there would be a detrimental impact of the development on the surrounding landscape.

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.

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 machinery storage building in Field No 0328, Kirkburn, Cardrona.  Included in the supporting papers were the Notice of Review (including the Decision Notice); officer’s report; papers referred to in the report; consultations; and a list of relevant policies. Member discussed the application and noted that the proposed machinery storage building would project 2.5m above the ridgeline of the buildings to which it was attached.  They were concerned about the impact of the proposed development on views from the surrounding area.  It was accepted that the height proposed for the building was necessary if the intention was to store tipping trailers and telescopic handlers but noted that there was no evidence presented to justify the requirement for such a building.  Members were also concerned that there was insufficient information to be able to undertake an assessment of road safety implications of the development and requested that an additional reason be added to the refusal notice on road safety grounds.

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 varied for the reasons detailed in Appendix III 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 an agricultural storage building with welfare accommodation in Field No 0328, Kirkburn, Cardrona.  Included in the supporting papers were the Notice of Review (including the Decision Notice); officer’s report; papers referred to in the report; consultations; and a list of relevant policies. In considering this application Members accepted that the visual impact of the proposed building should be limited due to screening to the north of the holding and the siting of the building at a lower level.  However concern was expressed about the close proximity of the proposed building with the consented holiday development.  Although the owner wished to maintain a small ‘nest’ of buildings for storage use by other agricultural businesses on the site there was no evidence presented to support this proposal. Members reiterated their request for a business case for the development and asked for evidence of how the applicant’s activities fell within the definition of a smallholding.

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 IV to this Minute.