Agenda item

Copies of the following papers attached:-

There had been circulated copies of the request from Mr & Mrs C & W Davies, per Ferguson Planning, Shiel House, 54 Island Street, Galashiels, to review the decision to refuse the planning application for erection of dwellinghouse and garage on land east of Auburn Cottage, Ashkirk.  The supporting papers included the Notice of Review (including the Decision Notice and Officer’s Report); papers referred to in the Officer’s Report; Consultations; and a list of policies. The Planning Advisor drew attention to new evidence submitted with the Notice of Review documentation in the form of new and more detailed planting proposals surrounding the application site. Members considered that the information did meet the Section 43B test, was material to their consideration and could be considered. In their initial discussion Members accepted that there was a building group at the location and that there was capacity to expand the building group.  They went on to consider whether the proposed site was an appropriate addition to the group, noting that there appeared to be no other suitable sites available within the group and that there was no strong boundary between the site and Auburn Cottage.  It was noted that the tree planting proposals around the application site should effectively create a stronger more defensible boundary to the group.  Some concerns were expressed that the proposal constituted ribbon development and after further debate Members’ opinion remained divided as to whether the development would be an appropriate addition to the building group.

VOTE

Councillor Fullarton, seconded by Councillor Laing, moved that the decision to refuse the application be upheld.

Councillor Mountford, seconded by Councillor Hamilton, 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             - 3 votes

Amendment     - 6 votes

The amendment was accordingly carried and the application was 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)       new evidence in the form of new and more detailed tree planting proposals 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 III to this Minute. 

CHAIRMAN

As this was the last meeting that would be attended by solicitor Emma Moir prior to her departure from Scottish Borders Council, the Chairman thanked her for her support to the Planning & Building Standards Committee and Local Review Body and wished her well for the future.