Agenda item

Copies of the following papers attached:-

With reference to paragraph 1 of the Minute of 27 May 2019, there had been re-circulated copies of the request from Mr Mark Deans, 64 Weensland Road, Hawick, to review refusal of the planning application for variation of condition 4 of planning permission 16/00763/FUL to reinstate two windows in lieu of air conditioning units at Deans Bar, 3 Orrock Place, Hawick.  In response to the request from Members for further information in the form of written submissions, there had also been circulated further information from the applicant regarding noise limiting measures and a response from the Environmental Health Officer; and further information from the Planning Officer and Building Standards Officer regarding ventilation issues and a response from the applicant. In their deliberations Members took into account the information included in the Review documentation, all the information gathered as part of the oral hearing session and the additional evidence received in response to their request for further information.  In their discussion, Members firstly considered the submissions from officers regarding the ventilation system and noted the advice that the same system had been in use when the function room was previously used as a public bar and that it was considered appropriate to meet the functional standard.  Members’ attention then turned to the reinstatement of the two windows, the associated potential for additional noise nuisance and the additional information submitted relating to the effectiveness of proposed measures to mitigate against noise breakout. Whilst Members remained concerned over possible noise impacts, they gave consideration to the mitigation measures proposed and noted that separate powers were available to Environmental Health to control noise nuisance if that occurred.

DECISION

AGREED that:-

(a)          the review could be considered without the need for any further procedure on the basis of the papers submitted, the Hearing and the further information provided in the form of written submissions;

(b)          the proposal would be consistent with the Development Plan; and

(c)          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 V to this Minute.