Agenda item

Copies of the following papers attached:-

There had been circulated copies of the request from Mr Alasdair Mackenzie, per Ferguson Planning, 54 Island Street, Galashiels, to review refusal of the planning application for erection of dwellinghouse on land North East of West Mains Farmhouse, Carlops. The supporting papers included the Notice of Review (including the Officer’s Report); Decision Notice; papers referred to in the Officer’s Report; Consultations; and a list of policies. The Planning Advisor drew attention to new evidence, in the form of a sketch elevation of the proposed house. Members agreed that the information was new but considered that it met the Section 43B test, was material to the determination of the Review and could be considered.  Members initially discussed whether there was a building group present in the vicinity of the site, noting that the surrounding houses were dispersed and that any historical link between them appeared to be tenuous. They also discussed other issues relating to the proposal, including possible impact on trees. Whilst noting the family circumstances put forward by the applicant Members also noted that there had been no economic case put forward to support a dwellinghouse on this site.  Members’ opinion was divided as follows:-

VOTE

Councillor Ramage, seconded by Councillor Anderson, moved that the decision to refuse the application be upheld.

Councillor Small, seconded by Councillor Miers, moved as an amendment that the decision to refuse the application be reversed and the application approved, subject to a tree survey being carried out.

Members voted as follows:

Motion             - 5 votes

Amendment     - 4 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)     new evidence submitted with the Notice of Review in the form of a sketch elevation of the proposed house met the test set out in Section 43B of the Town and Country Planning (Scotland) Act 1997 and could be considered;

(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 contrary to the Development Plan and that there were no other material considerations that would justify departure from the Development Plan; and

(e)     the officer’s decision to refuse the application be upheld and the application be refused, for the reasons detailed in Appendix IV to this Minute.