Agenda item

Copies of the following papers attached:-

There had been circulated copies of the request from Mr Walter Douglas, per Smith & Garratt, The Guildhall, Ladykirk, to review the decision to refuse the planning application for erection of dwellinghouse on land south west of Carlenrig Farm, Teviothead.  The supporting papers included the Notice of Review (including the Decision Notice and Officer’s Report); papers referred to in the Officer’s Report; application referred to in appellant’s statement; Consultations; and a list of policies. The Planning Advisor drew Members’ attention to whether certain matters included in the review documents constituted new evidence under Section 43B of the Act and whether or not this evidence could be referred to in their deliberations. This related to further information on a revised planning application for the proposed agricultural building adjoining the site, including drawings and photomontages.  The Review Body were informed that planning permission for that building, in a revised position, had now been granted and that the combined impact of the house with the agricultural building in its original position related directly to one of the reasons for refusal of the house. Members considered that the information did meet the Section 43B test, was material to their consideration and could be considered.  Members agreed that there was economic justification for a house providing the house and agricultural holding were tied together within a legal agreement.  They went on to discuss the visual impact of the proposed house, whether there were any alternative and more appropriate sites, the proposed design of the house including external materials and mitigation of visual impact through new planting.  In conclusion they agreed that there appeared to be no alternative and more appropriate sites for the dwellinghouse and that any landscape impacts could be mitigated through appropriate planting and materials.

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, relating to the approved application for the agricultural building in a revised position, met the test for new evidence 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

(e)        the officer’s decision to refuse the application be reversed and planning permission be granted, subject to conditions, informatives and a legal agreement, for the reasons detailed in Appendix II to this Minute.