Agenda item

Copies of the following papers attached:-

There had been circulated copies of the request from Mr, Mrs and Mr Archie, Helen & Hugh Stewart, per Farningham Planning Ltd, The Bourse, 47 Timber Bush, Leith, Edinburgh, to review refusal of the planning application for erection of dwellinghouse (renewal of planning permission 15/00036/PPP) on land North West of Chapel Cottage, Melrose.  Included in the supporting papers were the Notice of Review (including the Officer’s Report); Decision Notice; papers referred to in the Officer’s Report; consultations; and a list of relevant policies.  Members noted that previous consent had been granted in July 2015 for the same proposal as that now the subject of the appeal following refusal.  In noting that the previous consent was in compliance with the Consolidated Local Plan in force at that time they recognised that the application to renew the planning permission had to be considered under the terms of the current Local Development Plan policies.   Although the existence of a lodge was historically documented on this site, Members’ ensuing discussion centred on the issue that, unlike the previous Local Development Plan, the current policies did not support development of a replacement house where no physical remains existed.  Members’ opinion remained divided about the interpretation of part of the current policy and about the weight that should reasonably be attached to the fact that a consent existed at the time of application for renewal.

VOTE

Councillor Mountford, seconded by Councillor Anderson, moved that the decision to refuse the application be reversed and the application approved.

Councillor Aitchison, seconded by Councillor Small, moved as an amendment that the decision to refuse the application be upheld.

On a show of hands Members voted as follows:-

Motion             - 3 votes

Amendment     - 2 votes

The motion was accordingly carried and the application approved.

DECISION

DECIDED 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 was contrary to the Development Plan but that there were material considerations that would justify departure from the Development Plan; and

(d)          the officer’s decision to refuse the application be reversed and planning permission be granted subject to conditions and informatives for the reasons detailed in Appendix IV to this Minute