Agenda and minutes

Copies of the following papers attached:-

CONTINUATION OF REVIEW 22/00025/RREF

With reference to paragraph 5 of the Minute of 19 September 2022, the Local Review Body continued their consideration of the request from Mr Christopher Wilson c/o Ferguson Planning, 54 Island Street, Galashiels to review the decision to refuse the planning application for the erection of a dwellinghouse on Plot 1 at Land North of Belses Cottage, Jedburgh.  The supporting papers included the Notice of Review (including the Decision Notice and Officer’s Report); Papers referred to in the Officer’s report; additional information; consultation replies; objection comments and list of policies.  Also circulated were the Planning and Roads Officers comments and Applicant response on new information submitted in terms of the Transport Technical Note included with the Review Papers and not before the Appointed Officer.  Members noted that the application was for the erection of a dwellinghouse with new access from the B6400 and the site had been annexed from farmed land by a strip of soft landscaping.  Members further noted that an application for the erection of a house on Plot 2 which immediately adjoined the site to the north east was being considered under a separate review (22/00026/REEF).  In terms of whether there was a building group, Members concurred with the Applicant that the site was centrally located within part of a wider group of 16 properties and that a previous Local Review Body observed that a building group was present at Old Belses as part of their determination of 20/00022/RREF.  They further concluded that there was capacity within the group for the addition of one house and expansion of the building group in other directions could be less acceptable and represent ribbon development along the northern side of the B6400. The site was within the sense of place and an appropriate addition to the nucleus of the building group.  Members then considered the issues of road safety and access from the B6400, taking into account the Technical Note on Access, the comments from the Roads Planning Officer and the applicant’s response to these comments.  The members concluded that the new access had good visibility and the B6400 did not appear to be a busy road and there were no road safety reasons to oppose the development.

VOTE

Councillor Moffat, seconded by Councillor Douglas moved that the application be refused.

Councillor Scott, seconded by Councillor Richards moved as an amendment that the application approved.

On a show of hands Members voted as follows:-

Motion             - 2 votes

Amendment     - 4 votes

The amendment was accordingly carried.

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)       After considering all relevant information, the Local Review Body concluded that the development was consistent with Policy HD2 of the Local Development Plan and relevant Supplementary Planning Guidance. The development was considered  ...  view the full minutes text for item 1.

Copies of the following papers attached:-

CONTINUATION OFREVIEW 22/00026/RREF

With reference to paragraph 6 of the Minute of 22 September 2022, the Local Review Body continued their consideration of the request from Mr Christopher Wilson c/o Ferguson Planning, 54 Island Street, Galashiels to review the decision to refuse the planning application for the erection of a dwellinghouse on Plot 2 at Land North of Belses Cottage, Jedburgh.  The supporting papers included the Notice of Review (including the Decision Notice and Officer’s Report); Papers referred to in the Officer’s report; additional information; consultation replies; objection comments and list of policies.  Also circulated were the Planning and Roads Officers comments and Applicant response on new information submitted in terms of the Transport Technical Note included with the Review Papers and not before the Appointed Officer.  Members noted that this was the applicant’s second proposal for the erection of a dwellinghouse with new access from the B6400 and the site had been annexed from farmed land by a strip of soft landscaping.  Members further noted that an application for the erection of a house on Plot 1 which immediately adjoined the site to the north east was being considered under a separate review (22/00025/REEF).  In terms of whether there was a building group, Members concurred with the Applicant that the site was centrally located within part of a wider group of 16 properties and that the a previous Local Review Body observed that a building group was present at Old Belses as part of their determination of 20/00022/RREF.  They further concluded that there was capacity within the group for the addition of one house and expansion of the building group in other directions could be less acceptable and represent ribbon development along the northern side of the B6400. The site was within the sense of place and an appropriate addition to the nucleus of the building group.  Members then considered the issues of road safety and access from the B6400, taking into account the Technical Note on Access, the comments from the Roads Planning Officer and the applicant’s response to these comments.  The members concluded that the new access had good visibility and the B6400 did not appear to be a busy road and there were no road safety reasons to oppose the development.

VOTE

Councillor Mountford, seconded by Councillor Douglas moved that a condition on phasing be included.

Councillor Scott, moved as an amendment that no condition on phasing be included, there was no seconder and the amendment fell.

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;

(c)          After considering all relevant information, the Local Review Body concluded that the development was consistent with Policy HD2 of the Local Development Plan and relevant Supplementary Planning Guidance. The development was considered to be an appropriate addition to the existing building  ...  view the full minutes text for item 2.

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

Copies of the following papers attached:-

CONTINUATION OF REVIEW 22/00028/RREF 

With reference to paragraph 3 of the Minute of 17 October 2022, the Local Review Body continued their consideration of the request from Mr Nigel Carey c/o James O’Rourke, Pro-found, Berwick Workspace, Boarding School Yard, Berwick Upon Tweed to review the decision to refuse the planning application for the erection of a dwellinghouse on Garden Ground of Cheviot View, Eden Road, Gordon.  The supporting papers included the Notice of Review (including the Decision Notice and Officer’s Report); Papers referred to in the Officer’s report; general comments; additional information; consultation replies; objection comments and list of policies.  The review had been continued to allow an unaccompanied site visit which had been held on 8 November 2022.  The Review Body had found the site visit beneficial as it had allowed members to view the site in context and also consider the pattern of development within Gordon and particularly around Eden Road and Main Street.  Members determined that the principle of backland development on this particular site would conform to the building pattern within the surrounding streetscape and that this was influenced by planning permission to build a house on another part of garden ground associated with the former dwelling of Cheviot View immediately adjacent to this proposal.  Members then considered the suitability of the proposal in terms of its siting and design and judged the size of the site to be small. Members observed that the small scale of the site resulted in the proposal being close to the position of the new house being developed under consent 21/00913/FUL. This would create a tight layout where two houses and their associated parking and turning areas would be located very close to one another and would have an uncomfortable relationship. The size of the plot would only offer limited garden ground with its small scale minimising its function. The Local Review Body noted that Roads Planning had accepted the proposed access, parking and turning arrangements however Members noted that the small size of the site may struggle to accommodate future parking demands and that the size of the site was the key in determining issues. 

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;

(c)          The proposed development failed to comply with Policy PMD2 and Policy PMD5 and the Council's Supplementary Planning Guidance 'Placemaking and Design 2010', in that the small size of the site resulted in the proposal leading to a form of overdevelopment which did not respect the density of its surroundings and adversely impacts on the character and amenity of the surrounding area.

(d)          the officer’s decision to refuse the application be varied for the reasons detailed in Appendix III to this Minute.

Councillors Richards and Scott joined the meeting.

Copies of the following papers attached:-

review of 22/00031/RREF

There had been circulated copies of a request from Louisa Gardiner, c/o Ferguson Planning, 54 Island Street, Galashiels to review the decision to refuse the planning application for the demolition of agricultural building and erection of dwellinghouse with ancillary accommodation at derelict agricultural Building, North of Ladyurd Farmhouse, and West Linton.  The supporting papers included the Notice of Review (including the Decision Notice and Officer’s Report); Papers referred to in the Officer’s report; additional information; consultation replies and list of policies.  Members considered whether the site related to a Building Group under Section A of Policy PMD2 and agreed with the Appointed Officer that the building does not lie within a recognised building group of three existing houses. Members also noted that the building was not previously used as a dwellinghouse, The Review Body assessed the proposals against Section C of Policy HD2 which permits the conversion of former agricultural buildings to houses, subject to the proposal satisfying criteria covering; architectural or historic merit, the structural condition and suitability of any alterations and extensions.  Members were satisfied that the building had historic merit and that the previous planning permission confirmed it could be suited for residential use, although the proposal would not retain all of the building and that part of the building had fallen into a state of disrepair and would not be capable of conversion. Members were content that the proposal allowed a substantial part of the existing building to be retained and represented a good use of a redundant steading building which was intended to provide accommodation for family members.  Having considered all relevant information, the Local Review Body concluded

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;

(c)          that the development represented suitable conversion and alterations to provide two residential units and ancillary accommodation against Policy HD2 and PMD2 and the development would not have an adverse impact on any European Protected Species.

(d)          the officer’s decision to refuse the application be overturned for the reasons detailed in Appendix IV to this Minute.

Copies of the following papers attached:-

review of 22/00033/RREF

There had been circulated copies of a request from Ms Norma Gordon, Deanfoot Cottage, Deanfoot Road, West Linton to review the decision to refuse the planning application for alterations and extension to dwellinghouse at Deanfoot Cottage, Deanfoot Road, West Linton.  The supporting papers included the Notice of Review (including the Decision Notice and Officer’s Report); Papers referred to in the Officer’s report; additional information; objection comments and list of policies.  The Review Body principally assessed the application against Policy PMD2 of the Local Development Plan and Members observed that the size of the plot was large and could accommodate an extension. The Review Body were concerned that the side extension would be taller than the existing building and the overall footprint of the extensions were greater than the footprint of the existing building. The suburban form and design of the proposal was judged not to respect the traditional character of the existing building and concerns were raised with regard to the external finishes of the development. Members heard how the proposal had been designed so it’s scale and contemporary design would be easily identifiable alongside the original building and the two different styles would be joined together by a glazed link which was an approach advocated by Historic Environment Scotland.  Whilst Members were sympathetic to the applicant’s intentions of utilising the proposed accommodation for family members, they considered the scale of the proposal to be excessive. 

VOTE

Councillor Small, seconded by Thomson moved that the application be approved.

Councillor Scott, seconded by Councillor Douglas moved as an amendment that the application be refused.

On a show of hands Members voted as follows:-

Motion             - 3 votes

Amendment     - 4 votes

The amendment was accordingly carried.

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 further procedure;

(c)       After considering all relevant information, the Local Review Body concluded that the development was contrary to the Development Plan and that there were no other material considerations that would justify departure from the Development Plan. 

(d)       the officer’s decision to refuse the application be upheld as detailed in Appendix V to this Minute.

Copies of the following papers attached:-

review of 22/00034/RREF

There had been circulated copies of a request from Mr Robert Muir, c/o Ferguson Planning, 54 Island Street, Galashiels to review the decision to refuse the planning application (retrospective) for replacement windows and door at Caddie Cottage, Teapot Street, Morebattle.   The supporting papers included the Notice of Review (including the Decision Notice and Officer’s Report); additional information; objection comments and list of policies.  The Planning Advisor drew attention to information from the Community Council in support of the application, which had been submitted but which had not been before the Appointed Planning Officer at the time of determination.  Members agreed that the information was new but considered that it met Town and Country Planning (Scotland) Act 1997 Section 43B test in that the new information contained material considerations that it was required to take into account and that the new information was deemed to be material to the determination of the Review and could therefore be considered without any further procedure. 

VOTE

Councillor Richards, seconded by Councillor Douglas moved that a site visit be held.

Councillor Scott, seconded by Councillor Thomson moved as an amendment that a decision be reached without a site visit.

On a show of hands Members voted as follows:-

Motion             - 3 votes

Amendment     - 3 votes

There being an equality of votes, the Chairman exercised his casting vote in favour of a site visit.

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 not be considered without the need for further procedure in the form of an unaccompanied site visit;

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