Agenda item

Copies of the following papers attached:-

There had been circulated copies of the request from Austin Travel, per Aitken, Turnbull Architects Ltd, 9 Bridge Place, Galashiels, to review the decision to refuse the planning application in respect of the erection of a dwellinghouse on land north east of and incorporating J. Rutherford Workshop, Rhymers Mill, Mill Road, Earlston.  The supporting papers included the Notice of Review (including the Decision Notice); Officer’s Report; consultations; and a list of relevant policies.  Members discussed whether the design of the building was sympathetic with that of the surrounding properties, noting that there were residential properties to the north east of the site and the industrial type workshop building on the south west.  They also discussed the proximity and possible impact of the workshop building on the residential amenity of the occupants of the proposed dwellinghouse.  However their main concern related to the identified flood risk to the site and the potential increase in risk that would be brought about by blockage of the Clatteringford Bridge during a flooding event.  They noted that SEPA had objected to the application on the grounds of flood risk but that there were discrepancies between the consultation replies from SEPA and the Council’s Flood Risk Officer and the Flood Risk Assessment submitted on behalf of the applicant. Members therefore concluded that the review could not be considered without further procedure in the form of a Hearing session to provide clarification on: the discrepancies between the assessments of flood risk to the site; and the finished floor level required in the proposed dwellinghouse to mitigate against a 1 in 200 year flood event and blockage of the Clatteringford Bridge.

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 considered without further procedure in the form of a hearing session; and

(c)        that the applicant, Council’s Flood Risk Officer and Planning Officer be invited to attend a hearing to provide information on: the discrepancies between the flood risk assessment submitted on behalf of the applicant and consultation replies from SEPA and the Council’s Flood Risk officer in respect of flood risk to the site; and the finished floor level required to preserve a freeboard to mitigate against a 1 in 200 year flood event and blockage of the Clatteringford Bridge.