Agenda item

3.         review of 21/00013/RCOND

There had been circulated copies of the request from Mr Clarke, Penvalla, Broughton to review the decision to refuse the planning application for the erection of ancillary accommodation to dwellinghouse and installation of 12KW ground mounted solar array.     The supporting papers included the Notice of Review; Decision Notice; Officer’s Report; papers referred to in the Officer’s Report; Consultations and a list of policies. The Planning Advisor drew attention to new evidence on the site, in the form of Local Review Statement -  Lawful Use of Annex as Holiday Accommodation and the request to vary condition 2 to seek holiday accommodation.  This information had not been before the Appointed Planning Officer at the time of determination. The Review Body considered that the new evidence met the test set out in Section 43B of the Town and Country Planning (Scotland) Act 1997, and that this new information was material to the determination of the review. It was therefore agreed that there was a need for further procedure in the form of written submissions to afford the Roads Planning Officer and Appointed Officer the opportunity of assessing this new evidence and submitting his views.

DECISION

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 new information submitted with the Notice of Review documentation met the test set out in Section 43B of the Town and Country Planning (Scotland) Act 1997 and that the review could not be considered without   further procedure in the form of written submissions in respect of that new evidence;

(c)          to request representations from the Roads Planning Officer and Planning Officer on the new evidence in the form of written submissions about the Local Review Statement -  Lawful Use of Annex as Holiday Accommodation

            and the request to vary condition 2 to seek holiday accommodation as well as the other requests in the suggested condition; and

(d)       consideration of the review be continued to a future meeting on a date to be confirmed.