Scottish Borders Council

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No. Item


Continuation: Hearing in respect of review of refusal of application for demolition of garage and erection of dwellinghouse in garden ground of Clifton Cottage, High Street, Kirk Yetholm. 20/00453/FUL. 20/00018/RREF. pdf icon PDF 81 KB

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Having not been present when the following review was first considered, Councillors Anderson and Moffat left the meeting.


1.1       With reference to paragraph 3 of the Minute of 17 August 2020 and paragraph 3 of the Minute of 16 November 2020, the Local Review Body continued their consideration of the request for review of refusal of the application for demolition of a garage and erection of a dwellinghouse in garden ground of Clifton Cottage, High Street, Kirk Yetholm.  Due to the ongoing Covid-19 restrictions which prevented a site meeting being held, Members had asked the Planning Advisor to take video footage of the site and immediate surroundings and to present this at an oral hearing session.  Due to the dispute between the applicant’s agent and one of the objectors over the accuracy of the measurements in producing the cross section to demonstrate the relationship of the proposed house with the neighbouring house to the north, Members had also requested the findings relating to the disputed measurements to be presented at the hearing in addition to the video footage.



1.2       The applicant was represented at the hearing by agent Mr Tim Ferguson, of Ferguson Planning. Also in attendance was Mr Kristoffer Smith who had objected to the application and the Council’s Architectural Manager Mr Ray Cherry, who was present to answer questions if required, relating to the disputed measurements in producing the cross section. The other interested parties had not responded to invitations to attend. Hearing statements by Ferguson Planning and Mr Smith had been circulated in addition to observations from Mr Cherry, on the methodology adopted to produce the measurements for the cross section.


1.3       The Planning Advisor, Mr Craig Miller, proceeded to present video footage of the site.  He explained that he had taken the footage from a series of viewpoints suggested by interested parties, which he detailed on a map of the area.  He also confirmed that, in response to the request by Members, the applicant had erected a temporary profile on the site, indicating the ridge height of the proposed dwellinghouse, to enable this to appear in the footage.  Markings at metre intervals had helpfully been added to the profile, but Mr Miller explained that, due to being inserted into the ground, the measurement to the first mark was a few centimetres less than a metre and consequently the overall height of the profile was slightly less than the ridge height shown on the cross section. Following the presentation the Chairman gave Members and interested parties the chance to ask questions or ask for any part of the footage to be repeated.  Mr Miller was commended for the video and the applicant was thanked for providing the temporary profile on the site.


1.4       The Chairman then invited Mr Ferguson to present his case in relation to the disputed measurements used to produce the cross section.   Mr Ferguson referred to his hearing statement which he said sought to consolidate previous representations on the  ...  view the full minutes text for item 1.



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