Scottish Borders Council

Agenda and minutes

Venue: The meeting will be conducted by Microsoft Teams and the link to the meeting is shown below. Information and guidance can be found at www.scotborders.gov.uk/onlinemeeting.

Contact: Fiona Walling 01835 826504  email  fwalling@scotborders.gov.uk

Link: Teams Live Event

Items
No. Item

1.

Consider request for review of refusal of application for erection of dwellinghouse with detached garage on land NW of Strathmyre, Old Belses, Jedburgh. 20/00486/FUL. 20/00022/RREF. pdf icon PDF 96 KB

Copies of the following papers attached:-

Additional documents:

Minutes:

There had been circulated copies of the request from Mr Neil Fortune and Ms Valerie Mauchlen, per Ferguson Planning, 54 Island Street, Galashiels, to review the decision to refuse the planning application for erection of dwellinghouse with detached garage on land north west of Strathmyre, Old Belses, Jedburgh. The supporting papers included the Notice of Review; Decision Notice; Officer’s Report; papers referred to in the Officer’s Report; Consultations; general comment; and a list of policies. The Planning Advisor drew attention to information, in the form of amended drawings, which had been submitted with the Notice of Review documentation 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 the Section 43B test, was material to the determination of the Review and could be considered.  However, they also agreed that the new drawings could not be considered without affording the planning officer and roads planning officer an opportunity of making representations on this new information.

 

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)       new evidence submitted with the Notice of Review in the form of amended Drawings - PP01 (Floor Plan Section, Elevations) and Drawing SP01 Site Plan

            met the test set out in Section 43B of the Town and Country Planning (Scotland) Act 1997 and was material to the determination;

 

(c)       the review could not be considered without the need for further procedure in the form of written submissions;

 

(d)       the planning officer and roads planning officer be given the opportunity to comment on the new drawings submitted with the Notice of Review documents; and

 

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

 

2.

Consider request for review of refusal of application for erection of two dwellinghouses in paddock N of Station House, Cowdenburn. 20/00714/PPP. 20/00023/RREF. pdf icon PDF 104 KB

Copies of the following papers attached:-

Additional documents:

Minutes:

There had been circulated copies of the request from Mr Stuart Corrigan, per Andrew Bennie Planning Limited to review the decision to refuse the planning application for erection of two dwellinghouses in the paddock north of Station House, Cowdenburn.  The supporting papers included the Notice of Review (including the Officer’s Report and Decision Notice); papers referred to in the Officer’s Report, consultations; and a list of policies. In noting the site of the proposed development, Members referred to their determination of a previous application as documented in the Notice of Review submission and which related to a site on the eastern side of the road and where they had agreed a building group was present. In this regard Members re-stated their interpretation of the boundary of that building group which, whilst noting their presence, did not include the buildings on the opposite side of the road and the site of the proposed development.  After further consideration they concluded that the site was not a well related addition to the building group.  They also noted that in terms of the scale of addition, there was no further capacity to extend the building group within the current Local Development Plan period. 

 

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)        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 and the application be refused, for the reasons detailed in Appendix I to this Minute

 

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