Agenda and minutes

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

Copies of the following papers attached:-

1.            CONTINUATION OF REVIEW - 21/00007/RREF

With reference to paragraph 2 of the Minute of 14 June 2021, there had be re-circulated copies of the request from Lady Angela Buchan Hepburn, per Galbraith, 59 George Street, Edinburgh EH2 2JG to review refusal of the planning application for the erection of a dwellinghouse with associated access on the site East of Dogcraig Cottage, Scotsmill, Peebles.  The supporting papers included the Notice of Review; Decision Notice; Officers report; papers referred to in Officer’s Report, consultations and a list of policies.  Also circulated were copies of further information requested by the Local Review Body, in the form of the ECS Transport Planning Technical Note and two historical maps (dated from 1850’s) included in ‘Ground of Appeal’ document; and responses to the additional information from the Council’s Roads and Planning Officers.  Following consideration of all relevant information, the Local Review Body concluded that the development was an appropriate addition to the Scotsmill building group, was well contained within the sense of place and capable of safe access.  The Members approved the application, subject to conditions, including the requirement for an integral service layby. 

DECISION

AGREED 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 and the comments from the Officer on new information;

(c)        the proposal would be consistent with the Local 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 reversed and planning permission granted, subject to conditions and Legal Agreement for reasons detailed in Appendix 1 to this Minute.

MEMBER

Councillor Anderson re- joined the meeting prior to consideration of the following review.

2.        review of 21/00011/RREF

There had been circulated copies of the request from Mr J Warnock c/o Ferguson Planning, Shiel House, 54 Island Street, Galashiels TD1 1NU to review the decision to refuse the planning application for the erection of a dwellinghouse with outbuildings and associated work including new access on Land South of Rachan Woodlands, Broughton.  The supporting papers included the Notice of Review; Decision Notice; Officer’s Report; papers referred to in the Officer’s Report; Consultations, general comments, support comments and a list of policies. The Review Body noted that the proposal was for planning permission in principle and initially considered whether there was a building group present and whether the site was well related to the group.  Members considered the development to be an appropriate addition to the Rachan building group, well sited in relation to the group, National Scenic Area and capable of a less visually intrusive access from the west.  After considering all relevant information, the Local Review Body concluded that the development was considered to be consistent with Policies HD2 and EP4 of the Local Development Plan and relevant Supplementary Planning Guidance. Consequently, the application was approved with Access only from the track along the western boundary of the site.

DECISION

AGREED 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 further procedure on the basis of the papers submitted;

(c)        the proposal would be contrary to  the Development Plan but that there were material considerations to justify departure from the Development Plan; and

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

MEMBER      

Councillor Hamilton joined the meeting prior to consideration of the following item.

3.         review of 21/00013/RCOND

There had been circulated copies of the request from Mr Clarke, Penvalla, Broughton to review the decision to refuse the planning application for the erection of ancillary accommodation to dwellinghouse and installation of 12KW ground mounted solar array.     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. The Planning Advisor drew attention to new evidence on the site, in the form of Local Review Statement -  Lawful Use of Annex as Holiday Accommodation and the request to vary condition 2 to seek holiday accommodation.  This information had not been before the Appointed Planning Officer at the time of determination. The Review Body considered that the new evidence met the test set out in Section 43B of the Town and Country Planning (Scotland) Act 1997, and that this new information was material to the determination of the review. It was therefore agreed that there was a need for further procedure in the form of written submissions to afford the Roads Planning Officer and Appointed Officer the opportunity of assessing this new evidence and submitting his views.

DECISION

AGREED 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 new information 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 that the review could not be considered without   further procedure in the form of written submissions in respect of that new evidence;

(c)          to request representations from the Roads Planning Officer and Planning Officer on the new evidence in the form of written submissions about the Local Review Statement -  Lawful Use of Annex as Holiday Accommodation

            and the request to vary condition 2 to seek holiday accommodation as well as the other requests in the suggested condition; and

(d)       consideration of the review be continued to a future meeting on a date to be confirmed.

Copies of the following papers attached:-

4.        review of 21/00014/RREF

            There had been circulated copies of the request from Eyestore Limited, 16 Briery Dene, St Abbs, Eyemouth TD5 7UG to review the decision to refuse the planning application for change of use of site to business and industrial land with associated perimeter security fence at Phase 4 Store and Yard, Acredale Industrial Estate, Eyemouth.  The supporting papers included the Notice of Review; Decision Notice; Officer’s Report; papers referred to in the Officer’s Report; Consultations, general comments, objection comments and a list of policies. The Review Body noted that the applicant had requested further procedure in the form of a hearing, written representations and a site visit but did not consider further procedure necessary in this instance and proceeded to determine the case.  The review Body further noted that the proposal was for a change of use of site to business and industrial land with associated perimeter security fence at Phase 4 Store and Yard, Acredale Industrial Estate, Eyemouth.  After considering all relevant information, the Local Review Body concluded that consent for the development was consistent with Policies PMD2 and ED1 of the Local Development Plan. The change of use represented employment land and local business expansion on an allocated industrial estate. The palisade fencing was considered necessary for security reasons although the line of the fencing required to be set back from The Loaning, by planning condition, in order to reduce the visual impact. Consequently, the application was approved subject to the condition listed in the Appendix.

DECISION

AGREED 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 further procedure on the basis of the papers submitted;

(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 III to this Minute.

review of 21/00015/RREF

There had been circulated copies of the request from Mr S Lamb, 3 Rowan Court, Cavalry Park, Peebles to review the decision to refuse the planning application for the Change of Use of part of the ground floor to Class10 – Non-residential institutions and the conversion of the loft to accommodate additional office space, Class 4 – Business.  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.  The Planning Advisor drew attention to new evidence on the site, in the form of DDL Care Hub Ltd – Business Plan and 

Cavalry Park – List of Companies.  This information had not been before the Appointed Planning Officer at the time of determination. The Review Body considered that the new evidence met the test set out in Section 43B of the Town and Country Planning (Scotland) Act 1997, and that this new information was material to the determination of the review. It was therefore agreed that there was a need for further procedure in the form of written submissions to afford the Planning Officer, Economic Development and Chief Social Work  the opportunity of assessing this new evidence and submitting their views.

 DECISION

AGREED 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 new information 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 that the review could not be considered without   further procedure in the form of written submissions in respect of that new evidence;

(c)       to request written submissions from the Appointed Planning Officer, Economic Development and Social Work Chief Officer on the new evidence in the form of DDL Care Hub Ltd – Business Plan  and Cavalry Park – List of Companies; and 

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