Agenda item

Copies of the following papers attached:-

There had been circulated copies of the request fromMr and Mrs Alexis and Rose Kennedy, per Architeco Limited, 43 Argyll Street, Dunoon, for review of refusal of the planning application for erection of dwellinghouse on land North West of Chapel Cottage, Melrose.  The supporting papers included the Notice of Review; Decision Notice; Officer’s Report; papers referred to in the Officer’s Report; consultations; and a list of relevant policies. The Planning Advisor drew attention to new evidence, in the form of a Tree Survey and a drawing proposing Visibility Sight Lines, which had been submitted with the Notice of Review documentation and which had not been before the Appointed Planning Officer at the time of determination. As the Review Body considered that the new information could be considered as it met the test set out in Section 43B of the Town and Country Planning (Scotland) Act 1997 , and that this new information was material to the determination of the review, it was agreed that there was a need for further procedure in the form of written submissions and that the Appointed Planning Officer, Landscape Architect and Roads Planning Officer be afforded the opportunity of making representations on this new evidence.  The Legal Advisor directed Members to disregard a further piece of new evidence submitted with the Notice of Review, in the form of a plan which showed a site boundary line along the driveway, which was different from the boundary on the site plan submitted with the original application, as it was not admissible to change the site boundary at this juncture.

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 new information submitted with the Notice of Review documentation      met the test set out in Section 43B of the Town and Country Planning (Scotland) Act 1997 and that the review could not be considered without further procedure in the form of written submissions in respect of that          new evidence;

(c)        to request representations from the Appointed Planning Officer,        Landscape Architect and Roads Planning Officer on the new evidence in the form of the Tree Survey and the drawing ‘Visibility Site Lines’; and

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