Agenda item

Copies of the following papers attached:-

There had been circulated copies of the request from Mr Brian Lee, per Aitken Turnbull Architects Ltd, 9 Bridge Place, Galashiels, to review the refusal of the planning application for change of use from public bar and alterations to form residential flat at Mansfield Bar, 16 Mansfield Road, Hawick. Included in the supporting papers were the Notice of Review; Decision Notice; Officer’s Report; papers referred to in the Officer’s Report; Consultations; and a list of policies.   The Local Review Body applied the Section 43B test to a letter from a Ward Councillor submitted with the Review documents and concluded that the letter met the test and could be considered as part of the review.  Members noted that attempts made to market the property as a business had been unsuccessful.  They accepted that the property was identified to be at risk from a 1 in 200 year flood event but in their discussion balanced this against the risk of the property remaining empty and being boarded up.  Members also took into account mitigation measures that were available against flood risk including membership of a relevant flood warning scheme.

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 letter 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 could be taken into consideration;

(c)          the review could be considered without the need for any further procedure on the basis of the papers submitted;

(d)          the proposal would be in keeping with the Development Plan; and

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