Agenda item

Copies of the following papers attached:-

There had been circulated copies of the request from Mr James Hewit, per Ferguson Planning, 54 Island Street, Galashiels, to review the decision to refuse the planning application for change of use of land to form motor vehicle display and form sales office from industrial unit (renewal of previous consent 16/01363/FUL) and erection of new sales building (retrospective) at Unit 1B and incorporating land to West of Riverside Works, Edinburgh Road, Jedburgh.  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. Members noted that a previous temporary consent for use of the land and building for car sales had now expired but that, although apparently now occupied by a joinery business under Class 5, the premises had been occupied by the permitted use during the preceding three years without local opposition.  Members also noted that the land was allocated as a District industrial and employment site but after consideration were of the opinion that the application met most of the criteria to justify uses other than Classes 4 – 6.  They also took into account the prevailing situation of extreme economic fragility exacerbated by the Covid-19 crisis and in agreeing that planning consent was justified they agreed that this be on a temporary basis to avoid the permanent loss of allocated industrial and employment land at this site.  Members also agreed that landscaping treatment imposed by condition to the previous consent, which had not been carried out, be added as a suspensive condition to this planning consent.  They had no objection to the small sales building being retained permanently.  With regard to the length of temporary consent that should be approved, opinion was divided:

VOTE

Councillor Fullarton, seconded by Councillor Laing, moved that planning permission be granted for a temporary period of five years. 

Councillor Mountford, seconded by Councillor Small, moved as an amendment that planning permission be granted for a temporary period of ten years.

Members voted as follows:

Motion             - 5 votes

Amendment     - 4 votes

The motion was accordingly carried.

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 in keeping with the Development Plan; and

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

ADJOURNEMENT

The meeting was adjourned at 12 noon for 20 minutes.