Scottish Borders Council

Agenda item

Consider request for review of refusal of application for erection of dwellinghouse with outbuildings and associated work including new access on Land South of Rachan Woodlands, Broughton - 21/00030/PPP and 21/00011/RREF


2.        review of 21/00011/RREF

There had been circulated copies of the request from Mr J Warnock c/o Ferguson Planning, Shiel House, 54 Island Street, Galashiels TD1 1NU to review the decision to refuse the planning application for the erection of a dwellinghouse with outbuildings and associated work including new access on Land South of Rachan Woodlands, Broughton.  The supporting papers included the Notice of Review; Decision Notice; Officer’s Report; papers referred to in the Officer’s Report; Consultations, general comments, support comments and a list of policies. The Review Body noted that the proposal was for planning permission in principle and initially considered whether there was a building group present and whether the site was well related to the group.  Members considered the development to be an appropriate addition to the Rachan building group, well sited in relation to the group, National Scenic Area and capable of a less visually intrusive access from the west.  After considering all relevant information, the Local Review Body concluded that the development was considered to be consistent with Policies HD2 and EP4 of the Local Development Plan and relevant Supplementary Planning Guidance. Consequently, the application was approved with Access only from the track along the western boundary of the site.



AGREED 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 further procedure on the basis of the papers submitted;


(c)        the proposal would be contrary to  the Development Plan but that there were material considerations to justify departure from the Development Plan; and


(d)    the officer’s decision to refuse the application be reversed and planning permission in principle be granted, subject to conditions and a legal agreement, for the reasons detailed in Appendix II to this Minute.


Supporting documents:



Scottish Borders Council

Council Headquarters Newtown St. Boswells Melrose TD6 0SA

Tel: 0300 100 1800


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