Agenda and minutes

Copies of the following papers attached:-

There had been circulated copies of the request from Mrs Patricia Crippin, per Ericht Planning & 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 west of Craigerne Coach House, Edderston Road, Peebles.  Included in the supporting papers were the Notice of Review, Decision Notice, officer’s report of handling, consultations and a list of relevant policies. The Local Review Body considered two pieces of new evidence that had been submitted with the Notice of Review: (i) a sketch showing the appearance of the proposed house; and (ii) information relating to a change of ownership of the site.  After taking legal advice and subsequent discussion Members concluded that reference could be made to item (i) as it was considered material to the determination of the case; and to (ii) because the new information could not have been received earlier and was considered material to the determination of the case.  Members discussed the capacity of the site for the proposed development; the appearance of the new retaining wall at the boundary of the site; the relevance of the change of ownership of the site to the issue of trees and landscaping requirements relating to permission for the adjoining Coach House development; and in particular the impact of the proposed development on the setting of the character and design of the Coach House development. 

VOTE

Councillor Brown, seconded by Councillor Mountford, moved that the decision to refuse the application be upheld.

Councillor Gillespie, seconded by Councillor Ballantyne, moved as an amendment that the decision should be overturned and the application approved.

On a show of hands Members voted as follows:

Motion                - 5 votes

Amendment       - 2 votes

The motion was accordingly carried.

Following the decision to uphold the refusal of the application the Chairman queried the position regarding the retaining wall which had already been constructed.  Mr Johnston advised that the applicant could apply for planning permission for the wall and this would allow the need for the wall to be properly considered.  Should planning permission ultimately be refused then appropriate enforcement action would be taken.  Members agreed that investigation of the need for the wall be referred to the Planning Officer.

         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 proposal would be contrary to the Development Plan and that there were no  other material considerations that would justify departure from the Development Plan;

         (e)    the officer’s decision to refuse the application be upheld for the reasons  ...  view the full minutes text for item 1.