Agenda item

Copies of the following papers attached:-

There had been circulated copies of the request from Sandystones Ltd, per Murray Land & Buildings, Hillside, Dean Place, Newstead, to review the decision to refuse the planning application for erection of treehouse and walkway for use as holiday let accommodation and associated works on land south west of Sandystones Farmhouse, Ancrum, Jedburgh. The supporting papers included the Notice of Review (including the Decision Notice); Officer’s Report; papers referred to in the Officer’s Report; consultations; and a list of policies. Members welcomed the proposal which represented a unique holiday accommodation offering and recognised that the proposed site had been chosen to meet this bespoke offering.  However Members also noted that both SEPA and the Council’s Flood Risk Officer had objected to the proposal on the grounds of flood risk and, after consideration of the applicant’s Flood Risk Assessment and a lengthy debate about the opposing submissions, opinion remained divided about whether the application should be refused on the grounds of flood risk.

VOTE

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

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

            Members voted as follows:-

            Motion             - 2 votes

Amendment     - 4 votes

            The amendment was accordingly carried and the application approved, subject to notification to Scottish Ministers, due to the outstanding objection from SEPA.

DECISION

DECIDED that:-

(a)        the request for 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 consistent with the Development Plan; and

(d)       the officer’s decision to refuse the application be reversed and planning permission be granted, subject to conditions, for the reasons detailed in Appendix Il to this Minute, but further subject to notification to the Scottish Ministers in relation to the objection on flood risk from SEPA