Scottish Borders Council

Agenda item

Continuation: Consider request for review of refusal of application for erection of two dwellinghouses on garden ground of 7 Heriot House, Heriot. 18/01777/FUL. 19/00029/RREF.

Copies of the following papers attached:-

Minutes:

With reference to paragraph 2 of the Minute of 20 January 2020, regarding the request from Mr Craig Dougall, per Suzanne McIntosh Planning Limited, 45C Bath Street, Portobello, Edinburgh, to review the decision to refuse the planning application for erection of two dwellinghouses in garden ground of 7 Heriot House, Heriot, there had been circulated additional information from the applicant, as sought by the Local Review Body, together with responses from the Planning Officer and Roads Planning Officer. Also re-circulated were the review papers, comprising the Notice of Review (including the Decision Notice and Officer’s Report); papers referred to in the Officer’s Report; Consultations; Representations; and a list of policies.Members considered the additional information provided by the applicant and the response from the Roads Planning Officer.  They noted that, although clarification had been given about how access to the stable block would be achieved, there was still a discrepancy of interpretation, between the applicant and the Roads Planning Officer in respect of the actual delineation of the site boundary and consequentially the implications of the proposed development on the integrity of the public road and verge and impact on existing and proposed tree planting.  After further consideration, Members concluded that due to the complexities of the site, they could not make a determination of the review on the basis of the information provided and that further clarification was needed.  They agreed to further procedure in the form of an accompanied site visit and further representations and information in the form of an oral hearing session.  They asked for the site visit to be accompanied, in order that discrepancies about the site boundary could be addressed on site. In terms of the hearing session, Members requested that the matters to be addressed should be those referred to in the Planning Officer’s two reasons for refusal of the application.

 

DECISION

AGREED that:-

 

(a)        the review could not be considered on the basis of the review documentation and additional information, without further procedure in the form of an accompanied site visit and a hearing session;

 

(c)        the applicant, Council’s Planning Officer, Roads Planning Officer and interested parties be invited to attend an accompanied site visit and a hearing session on a date to be arranged; and

 

(d)       the matters to be addressed at the hearing session would be those referred to in the Planning Officer’s two reasons for refusal of the application, as outlined below:

 

·                    The proposed development does not comply with Policies PMD2, HD2 and EP13 of the Local Development Plan 2016, or Supplementary Planning Guidance on New Housing in the Borders Countryside 2008, Trees and Development 2008 or Placemaking and Design 2010 in that the siting and design of the proposed development would have an adverse and unsympathetic impact on the landscape character of the site; sense of place of the existing group and its built form; and existing tree planting.  Other material considerations do not outweigh these policy conflicts.

·                    The proposed development does not comply with Policy PMD2 of the Local Development Plan 2016 or New Housing in the Borders Countryside Supplementary Planning Guidance 2008 in that it has not been demonstrated that the development can be provided with a safe means of vehicular access and would not adversely impact on the integrity of the public road and verge, therefore potentially leading to an adverse impact on road safety.  Other material considerations do not outweigh these policy conflicts.

 

Supporting documents:

 

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