Agenda and minutes

The Chairman varied the order of business as shown on the agenda and the Minute reflects the order in which the items were considered at the meeting.

Copies of the following papers attached:-

There had been circulated copies of the request from Mr Raymond Keddie, Hillhouse, 2 Damside, Innerleithen, to review refusal of the planning application for erection of a dwellinghouse on land east of Rose Cottage, Maxwell Street, Innerleithen.  The supporting papers included the Notice of Review; Decision Notice; Officer’s Report; papers referred to in Officer’s Report; Consultations; Objections; a further representation; and a list of policies. Members noted the planning history of the proposed site with regard to refusal of previous applications, that the green space on which the proposed development was sited was fenced off from public access and that the right of way which, according to some representations, had previously diagonally crossed the green space was located adjacent to the boundary of the site.  In noting that this was not identified as a ‘key green space’ under Policy EP11, Members considered the function and value of the green space in the context of the Innerleithen Conservation Area and surrounding townscape.  They concluded that they did not have sufficient information about this aspect to be able to make a determination.  The review was therefore continued for further procedure in the form of written submissions.  Members asked for further information from the applicant, officers and interested parties about the current usage and function of the greenspace in respect of:-

(a)          the environmental, social or economic value of the greenspace;

(b)        the function of the greenspace; and

(c)        confirmation as to why and when the right of way which previously ran through the site was re-routed.

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 not be considered without further procedure in the form of written submissions;

(c)        that the applicant and interested parties be requested to provide information about the current usage and function of the greenspace which formed the application site in respect of:-

i)          the environmental, social or economic value of the greenspace;

ii)         the function of the greenspace; and

iii)        confirmation as to why and when the right of way which previously ran through the site was re-routed.

 (d)      consideration of the review be continued on a date to be arranged.

Copies of the following papers attached:-

There had been circulated copies of the request from Mr Brian Lee, per Aitken Turnbull Architects Ltd, 9 Bridge Place, Galashiels, to review the refusal of the planning application for change of use from public bar and alterations to form residential flat at Mansfield Bar, 16 Mansfield Road, Hawick. Included in the supporting papers were the Notice of Review; Decision Notice; Officer’s Report; papers referred to in the Officer’s Report; Consultations; and a list of policies.   The Local Review Body applied the Section 43B test to a letter from a Ward Councillor submitted with the Review documents and concluded that the letter met the test and could be considered as part of the review.  Members noted that attempts made to market the property as a business had been unsuccessful.  They accepted that the property was identified to be at risk from a 1 in 200 year flood event but in their discussion balanced this against the risk of the property remaining empty and being boarded up.  Members also took into account mitigation measures that were available against flood risk including membership of a relevant flood warning scheme.

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 letter submitted with the Notice of Review documentation met the test set out in Section 43B of the Town and Country Planning (Scotland) Act 1997 and could be taken into consideration;

(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 in keeping with the Development Plan; and

(e)          the officer’s decision to refuse the application be reversed and planning permission be granted subject to conditions 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 Mrs Joan McKay, per

R. Mitchell Glass Ltd, Currie Road Industrial Estate, Galashiels, for review of refusal of the planning application for replacement windows at Sunnybrae, Midlem.  The supporting papers included the Notice of Review; Decision Notice; Officer’s Report; papers referred to in Officer’s Report; and list of policies. Included in the submissions with the Notice of Review was a sample of the woodgrain effect uPVC which was available to Members to examine at the meeting. Members noted that the property was located within the Midlem Conservation Area and that the southern elevation was within the Prime Frontage of that Conservation Area.  After lengthy discussion of the proposals in terms of window pattern and materials Members’ opinion remained divided as to whether the specific uPVC finish was acceptable as a replacement material for the existing windows which were constructed in timber.

VOTE

Councillor Ramage, seconded by Councillor Miers, moved that the decision to refuse the application be reversed subject to the astragal pattern within the front dormers replicating the existing.

Councillor Fullarton, seconded by Councillor Laing, moved as an amendment that the officer’s decision be upheld and the application refused.

On a show of hands, Councillors voted as follows:-

Motion             - 5

Amendment     - 3

The motion was accordingly carried and the application was approved.

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 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 II to this Minute

Copies of the following papers attached:-

There had been circulated copies of the request from Mr D. Howard, Kilknowe Park, Wood Street, Galashiels, for review of refusal of the retrospective planning application for change of use to joiner’s workshop and showroom; caravan repairs and sales; car valet; and siting of catering unit at Redburn Garage, Peebles Road, Galashiels.  The supporting papers included the Notice of Review, Decision Notice, Officer’s Report; papers referred to in the Officer’s Report; Consultations; and a list of policies. Members noted that this site had previously been used for car sales and repairs and accepted therefore that business use of this site had been established. They also noted that the proposals included five different uses of the site and considered that these business elements could be dependent on and mutually beneficial to each other.  It was surmised that refusing one or two of these uses could affect the viability of the overall mix.  In accepting this, Members went on to discuss the roadside location, the retail element, the layout and in particular the visual impact of the range of structures currently on the site. 

DECISION

AGREED:-

(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

MEMBERS

Having not been present at the site visit for the following review, Councillors Laing and Mountford did not take part in the determination. Councillor Fullarton had not been present when this review was first considered so did not take part in the site visit nor the determination.  These Councillors left the Chamber prior to its consideration.

Copies of papers re-circulated as follows:-

With reference to paragraph 3 of the Minute of 18 February, 2019 and following a site visit, there had been re-circulated copies of the request from Wilson G Jamieson Ltd, per Gain Planning Services, 122, Scott Street, Galashiels, for review of refusal of the planning application for extension to provide an additional 7 No workshop units (Class 5/6), 1 No unit to provide dog daycare facility and change of use of paddock to dog exercise area at Storage Units, Farknowes, Langshaw Road, Galashiels. Taking into account their deliberations when this review was first considered Members discussed the proposals in the light of the site visit which they agreed had been useful.  In considering the visual impact of the proposals they had noted the size and appearance of existing buildings on the site and the amount of development in the wider vicinity.  In particular they discussed the visual impact of the proposed two storey element of the extension in the context of the site.

DECISION

AGREED

(a)          the review could be considered without the need for any further procedure on the basis of the site visit and the papers submitted;

(b)          the proposal would be in keeping with the Development Plan; and

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