Scottish Borders Council

Agenda item

Consider request for review of refusal of application for extension to dwellinghouse at 10, Townhead Way, Newstead. 18/01215/FUL. 18/00039/RREF.

Copies of the following papers attached:-

 

Minutes:

There had been circulated copies of the request from Mr K Patterson, per Richard Amos Ltd, 2 Golden Square, Duns, to review the refusal of the planning application for extension to dwellinghouse at 10, Townhead Way, Newstead. The supporting papers included the Notice of Review (including the Decision Notice); Officer’s Report; consultations; and a list of relevant policies. The Planning Advisor drew attention to new evidence, which included information on daylight and impact on neighbour’s kitchen, a letter of support and an approved planning application for a similar proposal on a nearby property, 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 be afforded the opportunity of making representations on this new evidence.

 

      DECISION

      AGREED:-

 

 

(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 on the         new evidence which included information on daylight and impact on neighbour’s   kitchen, a letter of support and an approved planning         application for a similar proposal on a nearby property; and

 

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

 

Supporting documents:

 

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