Agenda item

Copies of the following papers attached:-

There had been circulated copies of the request from Mr Adam Elder, per Camerons Ltd., 1 Wilderhaugh, Galashiels, to review the decision to refuse the planning application in respect of erection of replacement dwellinghouse on land west of Glenkinnon Lodge, Peelburnfoot, Clovenfords. Included in the supporting papers were the Notice of Review (including the Decision Notice); officer’s report; papers referred to in the officer’s report; consultations; objections; general comment; further representations in response to appeal; response from applicant to further representations; and a list of relevant policies.  Members were asked by the Legal Advisor to consider whether certain matters included in the review documents constituted new evidence and were invited to apply the test under Section 43B of the Town and Country Planning (Scotland) Act 1997 and to decide whether or not this evidence could be referred to in their deliberations. Members decided that the applicant’s offers relating to community benefits, affordable house unit and business intentions did not meet the test and therefore could not be considered in their deliberations.  However, they concluded that the amended plan (reference 9303.1.02 B) did meet the Section 43B test and was material to their consideration.  In order to allow the appointed planning officer, the landscape officer, ecology officer and objectors to submit their views on the amended drawing they requested further procedure in the form of written submissions.  Members also asked for the applicant to have the opportunity of commenting on the responses received.

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 determined without further procedure in the form of written submissions;

(c)          the amended plan drawing (reference 9303.1.02 B) be accepted as new evidence under Section 43B of the Act and that the appointed planning officer, landscape officer, ecology officer and the objectors be asked:- ‘Taking into account your previous representations does the amended plan change your position in relation to compliance with Policy EP13 (Trees, Woodlands and Hedgerows) of the Local Development Plan 2016’;

(d)       the applicant be given the opportunity to comment on the responses received on the new evidence; and

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