Agenda and minutes

Councillor Aitchison declared an interest in Item 5 of the agenda (Review of 17/01008/FUL) in terms of Section 5 of the Councillors Code of Conduct and left the Chamber during the discussion.

Copies of the following papers attached:-

There had been circulated copies of the request from Cleek Poultry Ltd, The Tractor Shed, Kirkburn, Cardrona, to review the decision to refuse the planning application in respect of erection of a temple on land south west of Kirkburn Parish Church, Cardrona.  The supporting papers included the Notice of Review (including the Decision Notice); officer’s report; papers referred to in the officer’s report; consultations; objections; and a list of relevant policies.  Members’ discussion focused on the impact of the proposed structure on the surrounding designated landscape and expressed concern in particular on its height which exceeded the height of adjoining trees.  Members considered the proposed building was inappropriate in this rural agricultural setting and noted that no justification had been provided for the building at this location. 

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 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

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

Copies of the following papers attached:-

There had been circulated copies of the request from Mr Adam Elder, per Camerons Ltd., 1 Wilderhaugh, Galashiels, to review the decision to refuse the planning application in respect of erection of replacement dwellinghouse on land west of Glenkinnon Lodge, Peelburnfoot, Clovenfords. Included in the supporting papers were the Notice of Review (including the Decision Notice); officer’s report; papers referred to in the officer’s report; consultations; objections; general comment; further representations in response to appeal; response from applicant to further representations; and a list of relevant policies.  Members were asked by the Legal Advisor to consider whether certain matters included in the review documents constituted new evidence and were invited to apply the test under Section 43B of the Town and Country Planning (Scotland) Act 1997 and to decide whether or not this evidence could be referred to in their deliberations. Members decided that the applicant’s offers relating to community benefits, affordable house unit and business intentions did not meet the test and therefore could not be considered in their deliberations.  However, they concluded that the amended plan (reference 9303.1.02 B) did meet the Section 43B test and was material to their consideration.  In order to allow the appointed planning officer, the landscape officer, ecology officer and objectors to submit their views on the amended drawing they requested further procedure in the form of written submissions.  Members also asked for the applicant to have the opportunity of commenting on the responses received.

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 not be determined without further procedure in the form of written submissions;

(c)          the amended plan drawing (reference 9303.1.02 B) be accepted as new evidence under Section 43B of the Act and that the appointed planning officer, landscape officer, ecology officer and the objectors be asked:- ‘Taking into account your previous representations does the amended plan change your position in relation to compliance with Policy EP13 (Trees, Woodlands and Hedgerows) of the Local Development Plan 2016’;

(d)       the applicant be given the opportunity to comment on the responses received on the new evidence; and

(e)        consideration of the review be continued on a date to be arranged.

Copies of the following papers attached:-

There had been circulated copies of the request from Mr and Mrs D Gold, per Kanak Bose Ltd., Ogscastle, Roman Road, Carnwarth, to review the decision to refuse the planning application in respect of erection of dwellinghouse with attached garage on land north west of Alderbank, Macbiehill, West Linton.  The supporting papers included the Notice of Review (including Decision Notice and the Local Review Body Decision Notice for 17/00530/FUL); officer’s report; papers referred to in the officer’s report; consultations; and a list of relevant policies. Members accepted that there was a building group at Macbiehill.  They recognised and went on to discuss the measures taken by the applicant, to address the Local Review Body’s previous reason for refusal in respect of the proposed building’s relationship with ‘Alderbank’, which included relocation of the site, lowering of the floor level and an amendment to the roof design.  Views were expressed that the proposed roof design was not appropriate in relation to the character of the surrounding buildings.  Members paid particular attention to the relationship of the proposed dwelling with the building group and made reference to the natural boundaries of the group.  After lengthy debate, opinion remained divided as to whether the dwellinghouse, at its relocated site, represented a suitable addition to the existing building group.

VOTE

Councillor Fullarton, seconded by Councillor Aitchison, moved that the decision to refuse the application be upheld.

Councillor Mountford, seconded by Councillor Miers, moved as an amendment that the decision to refuse the application be reversed and the application approved.

On a show of hands Members voted as follows:-

Motion             - 2 votes

Amendment     - 5 votes

The amendment was accordingly carried and the application approved.

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 proposal would be in keeping with the Development Plan; and

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