Agenda item
Consider request for review of refusal of application for erection of dwellinghouse on land NW of Whinneybrae, Skirling. 20/00923/PPP. 21/00002/RREF
Copies of the following papers attached:-
Minutes:
There had been circulated copies of the request from R. E. Wood & Sons, per Ericht Planning & Property Consultants, Gifford House, Bonnington Road, Peebles, to review the decision to refuse the planning application for erection of dwellinghouse on land North West of Whinneybrae, Skirling. 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; objections; additional representation and response from applicant; and a list of policies. Members noted that the site of the proposed dwellinghouse was outwith any settlement or building group. They went on to give consideration to the applicant’s submissions regarding the justification for the house which was intended for an agricultural worker to care for a flock of pedigree sheep on the land within which it was located. Whilst accepting the economic viability of the farm business and, to provide maximum health standards, the reason for keeping the pedigree flock on a separate holding from the applicant’s other two farms, they questioned whether alternative accommodation for the farm worker had been sufficiently investigated. After lengthy debate, Members’ opinion remained divided as to whether the case for a house, at that location, had been sufficiently justified.
VOTE
Councillor Anderson, seconded by Councillor Ramage moved that the decision to refuse the application be upheld.
Councillor Fullarton, seconded by Councillor Richards, moved as an amendment that the decision to refuse the application be reversed and the application approved, subject to a legal agreement tying the dwellinghouse and buildings to the land holding.
Members voted as follows:-
Motion - 6 votes
Amendment - 3 votes
The motion was accordingly carried and the application refused,
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 contrary to the Development Plan and that there were no other material considerations that would justify departure from the Development Plan; and
(d) the officer’s decision to refuse the application be upheld and the application be refused, for the reasons detailed in Appendix II to this Minute.
Supporting documents:
- Appendix II - LRB decision notice - 20-00923-PPP. 21-00002-RREF, item 2. PDF 120 KB
- Item 5(a) NOR1 NOTICE_OF_REVIEW_FORM-3433114, item 2. PDF 82 KB
- Item 5(a) NOR2 SUPPORTING_STATEMENT_TO_NOTICE_OF_REVIEW-3433117, item 2. PDF 807 KB
- Item 5(a) NOR3 PLANNING_APPLICATION_FORM-3433116, item 2. PDF 2 MB
- Item 5(a) NOR4 APPLICATION_SUPPORTING_STATEMENT-3433108, item 2. PDF 653 KB
- Item 5(a) NOR5 LOCATION_PLAN-3433113, item 2. PDF 655 KB
- Item 5(a) NOR6 APPLICATION_DECISION_NOTICE-3433110, item 2. PDF 67 KB
- Item 5(a) NOR7 PLANNING_APPLICATION_OFFICERS_REPORT-3433115, item 2. PDF 212 KB
- Item 5(b) PRT_-_REFUSED_DRAWING-3435423, item 2. PDF 155 KB
- Item 5(c) _-_CONSULTATION_REPLIES-3435421, item 2. PDF 1 MB
- Item 5(d)_-_OBJECTIONS-3435419, item 2. PDF 11 KB
- Item 5(e) - ADDITIONAL_REPRESENTATION_-_ROBERT_HUNTER-3442804, item 2. PDF 8 MB
- Item 5(e) AGENTS_RESPONSE_TO_ADDITIONAL_REPRESENTATION-3444795, item 2. PDF 60 KB
- Item 5(f) - List of Policies, item 2. PDF 110 KB