Agenda item

Copies of the following papers attached:-

There had been circulated copies of the request from Mr Keith Redpath, per RG Licence Architect, Hillend, Cliftonhill, Kelso, to review refusal of the planning application for part change of use from agricultural barn to vehicle body repair and paint shop with associated parking (retrospective) at Mid Softlaw Farm, Kelso.  The supporting papers included the Notice of Review; Decision Notice; Officer’s Report; papers referred to in Officer’s Report; Consultations; and a list of policies. After firstly considered whether certain matters included in the review documentation constituted new evidence under Section 43B of the Act and whether or not this evidence could be referred to in their deliberations, Members determined that these matters could be referred to.  Members noted that agricultural engineering was already taking place in other parts of adjoining buildings at the farm holding.  They also noted that suitable farm diversification was encouraged by Council policies.  Members ensuing discussion focussed on whether the farm steading was an appropriate location for this type of business, any potential impact on residential amenity of the proposals and the issue of sustainability of transport in relation to the operation of the business at that location.  Members’ opinion was divided on these issues.

VOTE

Councillor Fullarton, seconded by Councillor Mountford, 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             - 4 votes

Amendment     - 3 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 matters raised relating to further information on working hours, machinery and staff facilities 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 was consistent with the Development Plan; and

(d)       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.