Agenda item

There had been circulated copies of the request from Mr Robert McCririck per Ferguson Planning, Shiel House, 54 Island Street, Galashiels, to review the decision to refuse the planning application in respect of change of use from Class 1 Retail to allow mixed use Class 2 (Podiatry Clinic) and Class 1 (Ancillary Retail) at 40-41, the Square, Kelso.  The supporting papers included the Notice of Review (including Decision Notice and officer’s report); papers referred to in the officer’s report; consultations; support comments: additional representation; and a list of relevant policies. Members noted that, despite being advertised for a retail use, the property in question had been empty for two years which in their opinion would have a negative effect on the town centre.  Their discussion focused on interpretation of policy ED4 and in this respect concluded that the development would provide flexibility and maintain vitality and viability in the retail core of the town centre.  Members asked for a condition to be added restricting the Class 2 use to the podiatry business only.

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, for the reasons detailed in Appendix III to this Minute.