Scottish Borders Council

Agenda item

Consider request for review of refusal of application for erection of dwellinghouse and detached garage (approval of all matters specified in conditions 18/01256/PPP) on land south east of Dundas Cottage, Selkirk. 19/00521/AMC. 19/00021/RREF.

Copies of the following papers attached:-

Minutes:

There had been circulated copies of the request from Mr Darin Strutt and Ms Jennifer Ettienne, per Keith Renton, Architect, Humestanes, Hume Hall Holdings, Greenlaw, to review refusal of the planning application for approval of all matters specified in conditions for planning consent 18/01256/PPP. The supporting papers included the Notice of Review and associated documents; Decision Notice; Officer’s Report; papers referred to in the Officer’s Report; Consultations; Objection; and a list of policies. The Planning Advisor drew attention to new evidence submitted with the Notice of Review documentation in the form of two letters of support for the application. Members accepted that this information met the test set out in Section 43B of The Town and Country Planning (Scotland) Act 1997 and included it in their consideration.  Members noted that the principle of a house on the site had been established and that the application related to the siting and design of the proposed dwellinghouse and garage.  In the ensuing discussion there was general agreement that the siting and floor level of the dwellinghouse was acceptable and general recognition of the positive elements of the innovative design of the development. However there was a division of opinion as to whether the contemporary design and materials proposed for the dwellinghouse and garage were sympathetic with existing houses in the area, in compliance with the Planning Brief and appropriate for this particular location. 

 

VOTE

 

Councillor Aitchison, seconded by Councillor Hamilton, moved that the decision to refuse the application be upheld.

 

Councillor Fullarton, seconded by Councillor Mountford, moved as an amendment that the decision to refuse the application be reversed and the application approved.

 

On a show of hands Members voted as follows:-

 

Motion             - 7 votes

Amendment     - 2 votes

 

The motion was accordingly carried and the application was refused.

 

 

 

 

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 two letters of support 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 contrary to the Development Plan and that there        were no other material considerations that would justify departure from         the Development Plan; and

 

(e)        the officer’s decision to refuse the application be upheld and the application be refused, for the reasons detailed in Appendix I to this Minute. 

 

Supporting documents:

 

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