Agenda item

Copies of the following papers attached:-

There had been circulated copies of the request from Mr Paul Lawrie, per Planning Solutions Edinburgh, Midlothian Innovation Centre, 1 Pentlandfield Business Park, Roslin, to review the refusal of the planning application for change of use of agricultural land to dog care walking facility and erection of boundary fence on land south west of Milkieston Toll House, Peebles. Included in the supporting papers were the Notice of Review; Decision Notice; Officer’s Report; papers referred to in the Officer’s Report; consultations; an objection; additional representation and response; and a list of policies. The Planning Advisor drew attention to new evidence submitted with the Notice of Review documentation regarding the access to the site, in the form of a drawing showing Visibility Sight Lines and information about improvement of visibility brought about by the clearance of vegetation as part of the plan to relocate the junction of the road to Cringletie Hotel.  This information had not been before the Appointed Planning Officer at the time of determination. The Review Body considered that the new evidence 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 therefore agreed that there was a need for further procedure in the form of written submissions to afford the Roads Planning Officer the opportunity of assessing this new evidence and submitting his views.

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 Roads Planning Officer on the new evidence in the form of the drawing ‘Visibility Sight Lines’ and the improvement in visibility brought about by clearance of vegetation as part of the plan to relocate the junction of Cringletie Hotel; and

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