Scottish Borders Council

Agenda and minutes

Venue: Council Chamber, Council Headquarters, Newtown St Boswells, TD6 0SA

Contact: Fiona Walling 01835 826504  email  fwalling@scotborders.gov.uk

Items
No. Item

1.

Consider request for review of refusal of application for part change of use of paddock to form new access and drive to dwellinghouse, erection of gates and summerhouse and formation of new parking area and tennis court. 17/01362/FUL. 18/00012/RREF. pdf icon PDF 79 KB

Copies of the following papers attached :-

Additional documents:

Minutes:

There had been circulated copies of the request from Mrs Sarah Wilkinson, per Ferguson Planning, Shiel House, 54 Island Street, Galashiels to refuse the planning application in respect of part change of use of paddock to form new access and drive to dwellinghouse, erection of gates and summerhouse and formation of new parking area and tennis court south east of Southbank, Bowden. The supporting papers included the Notice of Review (including the Decision Notice and officer’s report); additional papers referred to in the officer’s report; consultations; and a list of relevant policies.  Members’ attention was drawn to new evidence submitted with the Notice of Review documentation in the form of specification of ground reinforcement for tree protection. They concluded that under the terms of Section 43B of the Town and Country Planning (Scotland) Act 1997 this evidence could be referred to in the determination of the review.  In noting that the application site was in a conservation area and outwith the Bowden settlement boundary, as defined in the Local Development Plan, Members referred to the fact that the proposal did not relate to housing but was in effect development of a garden area.  They recognised the improvement to road safety that would result from the provision of off-road parking within the grounds of the property and commented on the positive impact on the conservation area which may result if cars did not use the current roadside parking area.  Being mindful of the site’s rural setting, the ensuing discussion focused on the potential impact of the proposed driveway, summerhouse and tennis court on the surrounding area and how this could be mitigated through planning conditions.

 

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)       in accordance with Section 43B of the Town and Country Planning    (Scotland) Act 1997 the review could be determined with 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 proposal would be contrary to the Development Plan but that there were material considerations that would justify departure from the Development Plan; and

 

(e)        the officer’s decision to refuse the application be reversed and planning permission be granted subject to conditions and informatives, for the reasons detailed in the Appendix to this Minute. 

 

 

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