Agenda item

Copies of the following papers attached:-

There had been circulated copies of the request from Miss Penny Burgess, Towerbrae, 36 Tower Street, Selkirk, to review refusal of the planning application for change of use from residential flat to business use at 62 Shawburn Road, Selkirk. The supporting papers included the Notice of Review; Decision Notice; Officer’s Report; papers referred to in the Officer’s Report; Consultations; representation; and a list of policies. The Planning Advisor drew attention to information which had been submitted with the Notice of Review documentation but which had not been before the Appointed Planning Officer at the time of determination.  This related to further background and personal information including a tax related document.   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 noted that the application was retrospective as the business use described was already being carried out in the residential flat and that there was no evidence of negative impact on residential neighbours.  Although they would prefer such business use to be located in a more appropriate industrial or mixed use surroundings, in accordance with the Local Development Plan, Members were sympathetic to the applicant’s situation and, taking into account the current difficult economic climate, were prepared to show flexibility.   They recognised that there was an economic benefit, in terms of viability, in allowing the business to continue at this location.  After further consideration Members concluded that the use should be limited to a temporary period which would allow the applicant to grow her business and have the opportunity of moving to a more appropriate location in time.

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)       new evidence submitted with the Notice of Review in the form of background and personal information 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 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 and informatives for the reasons detailed in Appendix Ill to this Minute.