Agenda and draft minutes

Consider Minute of the Meeting held on 27 March 2023 for approval and signature by the Chair.  (Copy attached.)

There had been circulated copies of the Minute of the Meeting held on 27 March 2023.

DECISION

AGREED to approve the Minute for signature by the Chair.

Consider the following application for planning permission:

There had been circulated copies of a report by the Chief Planning and Housing Officer on applications for planning permission which required consideration by the Committee.

DECISION

DEALT with the applications as detailed in Appendix I of this Minute.

Consider report by Chief Planning and Housing Officer.  (Copy attached.)

There had been circulated copies of a report by Chief Planning and Housing Officer that sought Members’ approval of a revocation Order under Section 65 of the Town and Country Planning (Scotland) Act 1997, to revoke planning permission 11/01527/FUL for the erection of a dwelling with carport and stables/workshop/store on land North West of Greenlawdean Farmhouse, Greenlaw.  Under Section 65 of the Town and Country Planning (Scotland) Act 1997, the planning authority had the power to revoke or modify any permission to develop land granted on an application.  In exercise of this function, the planning authority must have had regard to the development plan and any other material considerations.  Revocation of planning permission under Section 65 of the Act may be exercised where the permission related to the carrying out of a building or other operations, at any time before those operations have been completed.  The Lead Planning Officer presented the report with associated slides and advised Members that executors of the late applicant Mr Peter Leggate had been instructed to apply for revocation of the planning permission following the death of Mr Leggate in the summer of 2022.  The Leggate family as successors to the estate of Mr Peter Leggate decided that the planning permission was no longer needed nor did they desire to proceed with the approved dwelling.  The Leggate family had agreed to remove the existing section of foundation and restore the land to its former condition.  There was a Section 75 agreement associated with the planning permission which the agent was aware of and a separate application would be made to remove it.  The extant planning permission was assessed against policies that had since been superseded by NPF4.  The Lead Planning Officer advised that there had not been a significant shift in policy since the planning permission was approved, however there had been a significant change in personal circumstances and the need for the new dwelling no longer exists.  The Committee agreed with the recommendations of the report.

DECISION

AGREED that the Committee exercise the power conferred by Section 65 of the Town and Country Planning (Scotland) Act 1997 and make an Order revoking the planning permission granted under reference 11/01527/FUL.

Consider briefing note by Chief Planning and Housing Officer.  (Copy attached.)

There had been circulated copies of a briefing note by the Chief Planning and Housing Officer on Appeal to the Scottish Ministers and Local Review.

DECISION

NOTED that:

(a)       An appeal had been received in respect of Installation of insulated plasterboard system to walls, 68 High Street, Coldstream;

(b)       There remained 2 appeals previously reported on which decisions were still awaited when this report was prepared on 13th April 2023. This related to sites at:

(c)       Review requests received in respect of:

(i)        Alterations and dormer extension to dwellinghouse, 11 Tweed Avenue, Peebles – 27/00788/FUL;

(ii)       Erection of 2no dwellinghouses, Land South of 1 Kelso Road, Coldstream – 22/01416/PPP;

(iii)      Erection of dwellinghouse with detached garage, Land West of The Old Barn Westwater, West Linton – 22/01739/FUL;

(iv)      Erection of dwellinghouse, Paddock West of Hardens Hall, Duns – 22/01740/PPP;

(v)       Installation of timber gates (retrospective), Church House, Raemartin Square, West Linton – 22/01935/FUL;

(vi)      Erection of dwellinghouse, Land North of Belses Cottage, Jedburgh- 23/00034/PPP;

(vii)    Change of Use from Class 4 to Class 2 Veterinary Practice, 2 Rowan Court, Cavalry Park, Peebles – 23/00056/FUL;

(d)       The following review had been determined as shown:

(i)        Erection of dwellinghouse, Land South West of Castleside Cottage, Selkirk – 21/01618/FUL – Decision of Appointed Officer Upheld;

(e)       There remained 15 reviews previously reported on which decisions were awaited when the report was prepared on 13 April 2023 which related to sites at:

(f)        There remained one Section 36 Public Local Inquiry previously reported on which a decision was still awaited when the report was prepared on 13 April 2023 which related to a site at Land West of Castleweary (Faw Side Community Wind Farm), Fawside, Hawick.