Agenda item

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 the erection of an agricultural building and formation of new access track on land south of 3 Kirkburn Cottages, Cardrona.  The supporting papers included the Notice of Review (including the Decision Notice and Officer’s Report); papers referred to in report; consultations; objections; additional representations; and a list of relevant policies. Members noted that a Business Plan submitted with the Notice of Review constituted new evidence as it had not been lodged with the appointed planning officer when the application was determined.  They agreed that as this evidence did not meet the tests set out in Section 43B of the Act they would proceed to consider the case without reference to this information.  Members noted that an economic case had not been made to justify a building of the size proposed at this site.  They made reference to previous applications and approvals for the landholding, which were material in their consideration of this proposal, and spoke at length about the need for a masterplan to be provided to clearly set out the objectives for the site in its entirety.     

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)       in accordance with Section 43B of the Town and Country Planning (Scotland) Act 1997 the review be determined without reference to the new evidence submitted with the Notice of Review documentation;

(c)        the review could be considered without the need for any further procedure on the basis of the papers submitted;

(d)       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

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