Agenda item

Copies of the following papers attached:-

There had been circulated copies of the request from Mr Erlend Milne, per Ferguson Planning, 54 Island Street, Galashiels, to review the decision to refuse the planning application for erection of a dwellinghouse, workshop/garage and associated works on land south east of Tarf House, West Linton. 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; support comments; and a list of policies. The Planning Advisor drew attention to certain documents in the form of a consultation response from West Linton Community Council and a letter from a Scottish Borders Council Ward Member which had been submitted with the Notice of Review documentation and which had not been before the Appointed Planning Officer at the time of determination.  Members considered that the information did not raise any new matters not already known to the Appointed Officer. There was, therefore, no requirement to apply Section 43(B) of the Regulations and the information could be taken into consideration.  Members noted the history of the site, that the Review Body had previously refused an application for a dwellinghouse but that on that occasion there had been no justification on economic grounds submitted for a dwellinghouse on the site.  They noted that a Business Plan had now been submitted providing details of three businesses, two of which would be run from the workshop alongside the dwellinghouse and the third relating to lease and operation of an Icelandic Horse running track nearby. After discussion Members were satisfied that the businesses were appropriate to the rural area and that, for a number of reasons, relating to security, animal welfare and operational efficiency, the case for a dwellinghouse on the site had been justified.

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)       documents in the form of a consultation response from West Linton Community Council and a letter from a Scottish Borders Council Ward Member, which had not been before the Appointed Planning Officer at the time of determination, did not raise any new matters, that there was no requirement to apply Section 43(B) of the Regulations and that the information 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 in keeping 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 Ill to this Minute.