Agenda and minutes

Copies of the following papers attached:-

There had been circulated copies of the request from Mr Josh Welsh, 1 Raeburn Lane, Selkirk, to review the decision to refuse the planning application for the erection of a boundary fence (retrospective) at 1 Raeburn Lane, Selkirk. The supporting papers included the Notice of Review; Decision Notice; Officer’s Report; papers referred to in the Officer’s Report; support comment; and a list of policies. The Review Body noted that the proposal was for planning permission to form a boundary fence and that, as the fence was erected, the application sought retrospective permission.  In the ensuing discussion Members were content with the principle of a timber fence replacing the previous metal fence and had sympathy with the applicant in terms of requirements for privacy and dog security.  However their opinion was divided about the visual impact of the fence at that location, in terms of its prominence and, in particular, its height.

 VOTE

Councillor Small, seconded by Councillor Laing moved that the decision to refuse the application be upheld.

            Councillor Moffat, seconded by Councillor Hamilton, moved as an amendment that the decision to refuse the application be reversed and the application approved.

Members voted as follows:-

            Motion             - 4 votes

Amendment     - 4 votes

The Chairman used his casting vote in favour of the motion which was accordingly carried and the application refused,

DECISION

DECIDED that:-

(a)        the request for 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 and the application be refused, for the reasons detailed in the Appendix to this Minute.