Agenda and minutes

There had been circulated copies of the request from Mr Michael Johnson of 22 Marmion Road, Hawick, to review the decision to refuse the planning application in respect of the change of use from store, partial demolition and alterations to form 3 garages.  The supporting papers included the Decision Notice, Notice of Review and supporting papers, officer’s report of handling and papers referred to in the report, consultations and a list of relevant policies.  Members accepted that the existing building was in a poor state and not fit for purpose but were undecided about whether the proposed alterations would harm the character and appearance of the Conservation Area.  Members were also concerned that the design was such that there could be significant difficulties in accessing the most westerly of the three garages. After further discussion the majority of Members decided that a site visit was necessary to provide further information on these two points of deliberation.

DECISION

(a)        AGREED that the request for a review had been competently made in terms of Section 43A of the Town and Country Planning (Scotland) Act 1997;

 (b)      DECIDED that the review could not be considered without further procedure in the form of an unaccompanied site visit at a date to be arranged.

With reference to paragraph 2 of the Minute of 26 January 2015, there had been circulated for reconsideration copies of the request from Mr Brian Downs of 1 Prenderguest Farm Cottages, Ayton, Eyemouth, to review the decision to refuse the planning application in respect of the alterations and extension to reinstate his dwellinghouse and erection of garage at 1 Prenderguest Farm Cottages. Included in the supporting papers were the Decision Notice, Notice of Review and supporting papers, the officer’s report of handling and papers referred to in the report, consultations, a comment from a member of the public and a list of relevant policies. Also provided were copies of the LRB Intention Notice following the meeting on 26 January2015 and the applicant’s response to the request for a development contribution.  Members were advised that the case had been referred back to the Local Review Body as the applicant did not accept that the original residential use of the building had been extinguished and on that basis he considered a development contribution was not justified.  In this respect, the Local Review Body were satisfied that, in terms of Section 43B (1)(b) of the 1997 Act,  there were exceptional circumstances that allowed the new evidence produced by the applicant to be considered. The Review Body considered the new evidence and came to the conclusion that the residential use of the property had not been abandoned and that the development proposal description should be amended to reflect this.  As a consequence, no development contribution was necessary.  As the review was being considered de novo Members went on to reconsider the suitability of the proposed alterations and extensions to the existing dwellinghouse.

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)    in terms of Section 43B(1)(b) of the 1997 Act there were exceptional circumstances that allowed the consideration of the new evidence;

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

(e)     in consideration of the new evidence no development contribution was necessary; and

(f)     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 the Appendix to this Minute.