Scottish Borders Council

Agenda item

Consider request for review of refusal of application for installation of replacement windows (retrospective) at 10 Exchange Street, Jedburgh. 19/01019/FUL. 20/00008/RREF.

Copies of the following papers attached:-

Minutes:

2.1       There had been circulated copies of the request from Mr Anthony Williams, per Susan Williams, 2/151 Stanhill Drive, Surfers Paradise, QLD 4217, Australia, to review the decision to refuse the planning application for installation of replacement windows (retrospective) at 10 Exchange Street, Jedburgh. The supporting papers included the Notice of Review; Decision Notice; Officer’s Report; papers referred to in the Officer’s Report; and a list of policies. Members noted that the property within which the replacement windows had been installed was within the Jedburgh Conservation Area but outwith the Prime Frontage part of the Conservation Area.  Whilst Members accepted that, for a number of reasons, the windows did not comply with current Policies and Supplementary Planning Guidance on Replacement Windows and Doors they took into account the surrounding mix of existing window styles and patterns in the area.  After further debate, Members’ opinion remained divided as to whether the windows were of an acceptable design.  Before a vote was taken the process of taking the vote at the remote meeting was addressed and confirmed as below.

 

2.2       Voting procedure

            In view of the technical difficulties of holding a vote by show of hands, within a meeting held remotely, Members agreed unanimously to suspend Standing Order 41 of Scottish Borders Council Procedural Standing Orders and that their voting choice be conveyed verbally.  It was further agreed that this decision also be applied to the vote taken verbally under paragraph 1 above as this procedural requirement had been overlooked at that time.

 

            DECISION

            AGREED to suspend Standing Order 41 of the Scottish Borders Council Procedural Standing Orders to allow votes to be taken without a show of hands.

 

            Consideration of 19/01019/FUL continued

 

VOTE

 

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

 

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

           

            Members voted as follows:-

 

            Motion             - 5 votes

Amendment     - 3 votes

 

            The motion was accordingly carried and the application 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 review could be considered without the need for any further procedure on the basis of the papers submitted;

 

(c)        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

 

(d)       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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