Agenda item

As part of requested further procedure, written submissions attached as follows:-

Further information from applicant     - page 133

Responses to additional information - page 137

Further comment from applicant        - page 147

3.1       With reference to paragraph 3 of the Minute of 17 August 2020 the Local Review Body were asked to consider the process to be followed in respect of the request for review of refusal of the application for demolition of a garage and erection of a dwellinghouse in garden ground of Clifton Cottage, High Street, Kirk Yetholm.  When this review was first considered by the Review Body on 17 August 2020, Members had requested further procedure in the form of an unaccompanied site visit and further written submissions. In terms of the written submissions, the further information requested from the applicant and responses to that information from interested parties had been provided and had been circulated with the agenda.  In terms of holding a site visit, this was delayed due to required risk assessments etc in associated with Covid-19 restrictions and restrictions had since been tightened further. The Council had formalised the process for assessment of its activities under the restrictions with the result that a site meeting could not be held. The Chief Legal Officer therefore asked Members to consider the manner in which the review should be conducted in the current circumstances.  She emphasised that, although Members could take into account the written submissions received and circulated these should be considered at this meeting only within the context of the decision about the further process to be followed in order to make a determination. A key element for Members was to consider whether there were any alternative ways of viewing the site.

3.2       After discussion and with further advice from the Chief Legal Officer, Members decided to have a virtual site meeting, by asking the Planning Advisor to the Local Review Body to attend the site unaccompanied and take video footage of the site and immediate surroundings. They agreed that the video footage should be presented at a Local Review Body oral hearing session to which all parties would be invited and be given the opportunity to contribute.  Members asked that before the video footage was taken, all interested parties be given the opportunity to suggest particular viewpoints from which footage should be taken and what the footage should include. They also considered it would be particularly useful for a temporary profile to be erected on the site to indicate the proposed ridge height of the dwellinghouse, and for the Planning Advisor then to take video footage of the site with the profile in place. They asked for the feasibility of this to be explored.

3.3       With reference to the further written submissions that had been provided, Members noted the dispute between the applicant’s agent and one of the objectors over the accuracy of the measurements in producing the cross section to demonstrate the relationship of the proposed house with the neighbouring house to the north. To advise on these matters, they requested further clarification from the Planning Officer regarding the acceptability of the measurement methodology and accuracy of the measurements taken. Members understood that the Planning Officer may seek the advice of an appropriately qualified colleague to advise on these matters. Members agreed that the findings relating to the disputed measurements should be presented at the hearing session in addition to the video footage.

DECISION

AGREED that the review be considered with further procedure as follows:-

(a)        a virtual site be held by asking the planning advisor to attend the site unaccompanied and take video footage of the site and immediate surroundings;

(b)       the appointed Planning Officer be requested to provide clarification regarding the accuracy of the measurements in producing the cross section to demonstrate the relationship of the proposed house with the neighbouring house to the north; and

(c)        the findings relating to the accuracy of measurements and the video footage be presented at an oral hearing session to be held on a date to be arranged.