Agenda and minutes

(Refer to review papers previously circulated for meeting on 15 June 2015)

Additional papers following further procedure attached as follows:-

With reference to paragraph 5 of the Minute of 15 June 2015, consideration was continued of the request from Mr Alistair Moody to review the decision to refuse the planning application in respect of the siting of a static caravan (retrospective) at Tibbie Shiels Inn, St Mary’s Loch, Selkirk.  In relation to the further written procedure and the Review Body’s request for evidence of the actual usage of the caravan and associated economic justification for that use, there had been circulated copies of a submission from the applicant and a response from the planning officer.  According to the information provided by Mr Moody, the caravan had been used principally for temporary accommodation for staff who worked at the Tibbie Shiels Inn and for the St Mary’s Angling Club bailiff. Members had hoped for a more detailed economic justification for the use of the caravan but recognised that its temporary usage for short term holiday lets or for staff, effectively supported the operation of a local business in this rural location.  In Members’ view the caravan was well screened and did not have an impact on the visual character of the area. However, being mindful of the possible deterioration in the condition of the caravan the Review Body agreed that planning permission should be temporary. It was also agreed that the occupancy of the caravan should continue to be on a temporary basis and be controlled by a planning condition.

DECISION

AGREED that:-

(a)        the review could be determined without further procedure on the basis of  the  papers submitted and the further written submission;

(c)        the development was consistent with the Development Plan and that there were no other material considerations that would justify departure from the Development Plan; and

(e)        the decision of the appointed officer to refuse the application be reversed and the application for planning permission be granted subject to conditions and an informative, as detailed in Appendix I to this Minute.

MEMBER

Councillor Gillespie did not take part in the discussion of the review of application 14/00835/FUL, detailed in paragraph 1 above, as he had not been present at the meeting when this review was first considered.

Copies of the following papers attached:-

There had been circulated copies of the request from Mr Ewen Brown, per Camerons Ltd (Leith), Timberbush House, Leith, to review the decision to refuse the planning application in respect of the erection of 12 holiday cabins, office/laundry block and associated works on land south west of Milldown Farmhouse, Coldingham.  Included in the supporting papers were the Decision Notice, Notice of Review, officer’s report of handling and papers referred to in the report, consultations, objections, a general comment and a list of relevant policies. Members agreed that new evidence submitted with the Notice of Review did not meet the tests set out in Section 43B of the Act and proceeded to consider the case without reference to that evidence.  Noting that the site lay within the Berwickshire Coast Special Landscape Area Members went on to consider the visual and landscape impacts of the proposed development, the impact of additional traffic in Coldingham and the suitability of the access. The Review Body concluded, from the information provided, that the landscape and environmental impacts would not be outweighed by any proven economic benefits.

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)          in accordance with Section 43B of the Town and Country Planning (Scotland) Act 1997 the review be determined without reference to the new evidence submitted with the Notice of Review documentation;

(c)       the review could be determined without further procedure on the basis of  the  papers submitted;

(d)       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

(e)       the officer’s decision to refuse the application be upheld 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 Fred Millar per Keppie Planning and Development, 160 West Regent Street, Glasgow, to review the decision to refuse the planning application in respect of the erection of a dwellinghouse and detached garage on land west of 3 Nethermains Cottage, Duns.  The supporting papers included the Decision Notice, Notice of Review, officer’s report of handling, consultations and a list of relevant policies.  The Local Review Body considered new evidence that had been submitted with the Notice of Review which was in respect of a change in personal circumstances of the applicant.  In terms of Section 43B of the Act, Members concluded that, as the information could not have been raised before that time, there were exceptional circumstances that allowed them to consider this new evidence.  In considering the application, Members were satisfied that a building group existed at Nethermains and that the proposed development constituted an appropriate extension of the building group.

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)          in accordance with Section 43B of the Town and Country Planning (Scotland) Act 1997 the review could be determined with reference to the new evidence submitted with the Notice of Review documentation;

(c)        the review could be considered without the need for any further procedure on the basis of the papers submitted;

(d)       the development was consistent with the Development Plan and there were no other material considerations that would justify departure from the Development Plan; and

(e)        the decision of the appointed officer to refuse the application be reversed and the application for planning permission be granted, subject to conditions, an informative and a legal agreement, as detailed in Appendix III to this Minute.

Copies of the following papers attached:-

There had been circulated copies of the request from Mr and Mrs D Thomson per Fred Walker Associates, 19 Biggar Road, Silverburn, Penicuik, to review the decision to refuse the planning application in respect of the erection of a dwellinghouse with integral garage and incorporating granny flat on land south of Bogsbank, Bogsbank Road, West Linton.  Included in the supporting papers were the Decision Notice, Notice of Review, officer’s report, papers referred to in the report, consultations, general comment and a list of relevant policies.  In reviewing the application Members took account of the view expressed by the Reporter in the appeal decision in 2004 (03/00202/OUT) that there was a building group and sense of place at this location. Members concluded that a building group of at least 3 dwellinghouses existed at Bogsbank and that the proposed development constituted an appropriate extension of the building group.

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 be considered without the need for any further procedure on the basis of the papers submitted;

(c)        the development was consistent with the Development Plan and there were no other material considerations that would justify departure from the Development Plan; and

(d)       the decision of the appointed officer to refuse the application be reversed and the application for planning permission be granted, subject to conditions, an informative and a legal agreement, as detailed in Appendix IV to this Minute.

Copies of the following papers attached:-

There had been circulated copies of the request from R & M Brockie & Son, per Ericht Planning and Property Consultants, 40 Belgrave Road, Edinburgh, to review the decision to refuse the planning application in respect of the erection of a dwellinghouse on land north of Wormiston Farm, Eddleston.  The supporting papers included the Decision Notice, Notice of Review, officer’s report, consultations and a list of relevant policies.  Members were satisfied that a building group existed at Wormiston Farm.  It was noted that the proposed site lay outwith the natural boundary of the building group but, after careful consideration, Members concluded that the proposed development would be a logical extension and acceptable addition to that group.

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 be considered without the need for any further procedure on the basis of the papers submitted;

(c)        the development was consistent with the Development Plan and there were no other material considerations that would justify departure from the Development Plan; and

(d)       the decision of the appointed officer to refuse the application be reversed and the application for planning permission be granted, subject to conditions, informatives and a legal agreement, as detailed in Appendix V to this Minute.