Agenda and minutes

Councillor Ramage declared an interest in item 5 on the agenda (17/00973/FUL) in terms of Section 5 of the Councillors Code of Conduct and left the Chamber during the discussion.

There had been circulated copies of the request from Mr and Mrs Peter Gardiner, per Kanak Bose, Ogscastle, Carnwath, Lanark, to review the decision to refuse the planning application in respect of erection of dwellinghouse on land adjacent to Deanfoot Cottage, Deanfoot Road, West Linton.  The supporting papers included the Notice of Review (including Decision Notice and consultations); officer’s report; and a list of relevant policies.  Members noted that the proposed site for the dwellinghouse was outwith the settlement boundary of West Linton and in their initial discussion agreed that there was not a building group in that location. Members discussion moved on to whether the proposal complied with the Housing in the Countryside policies, also noting the planning history in the area in respect of previous refusal of planning permission for housing opposite 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 I to this Minute.

There had been circulated copies of the request from Bayhill Farming Ltd., per Ferguson Planning, Shiel House, 54 Island Street, Galashiels, to review the decision to refuse the planning application in respect of proposed storage yard including siting of 7 no storage containers and change of use of land from agricultural land to storage yard north east of Greenbraehead Farmhouse, Hawick. Included in the supporting papers were the Notice of Review; Decision Notice; officer’s report; papers referred to in the report; consultations; and a list of relevant policies.  Members accepted that there was an economic need for the business and that it represented a diversification of an existing agricultural business. Although differing views were expressed they concluded that the rural location for this proposal may be more appropriate than a site within the settlement of Hawick.  Members’ ensuing discussion focused on the visual impact of the proposed development, how this could be mitigated and the suitability of the access to the site.  There was agreement that a temporary permission in the first instance would give an opportunity for the applicant to demonstrate that the business could be operated successfully from 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 in keeping with the Development Plan; and

(d)       the officer’s decision to refuse the application be reversed and planning permission be granted for a period of three years and subject to conditions, for the reasons detailed in Appendix II to this Minute. 

There had been circulated copies of the request from Mr Robert McCririck per Ferguson Planning, Shiel House, 54 Island Street, Galashiels, to review the decision to refuse the planning application in respect of change of use from Class 1 Retail to allow mixed use Class 2 (Podiatry Clinic) and Class 1 (Ancillary Retail) at 40-41, the Square, Kelso.  The supporting papers included the Notice of Review (including Decision Notice and officer’s report); papers referred to in the officer’s report; consultations; support comments: additional representation; and a list of relevant policies. Members noted that, despite being advertised for a retail use, the property in question had been empty for two years which in their opinion would have a negative effect on the town centre.  Their discussion focused on interpretation of policy ED4 and in this respect concluded that the development would provide flexibility and maintain vitality and viability in the retail core of the town centre.  Members asked for a condition to be added restricting the Class 2 use to the podiatry business only.

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 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, for the reasons detailed in Appendix III to this Minute.