Agenda item

Copies of the following papers attached:-

            CONTINUATION OF REVIEW 21/00013/RCOND

With reference to paragraph 3 of the Minute of 16 August 2021, there had been re-circulated copies of the request from Mr Bradley Clarke, per Ferguson Planning, Shiel House, 54 Island Street, Galashiels to review Condition 2 attached to the planning permission granted for the erection of ancillary accommodation to dwellinghouse and installation of 12KW ground mounted solar array at Penvalla, Broughton.  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. Also circulated were copies of further information requested by the Local Review Body, in the form of written submissions about the Local Review Statement - Lawful Use of Annex as Holiday Accommodation from the Council’s Roads and Planning Officers and a further response to those submissions from the applicant.  Members noted that the Review was submitted in relation to a condition attached to a planning permission but that, as the Review was not resulting from refusal of a Section 42 application, Members were required to re-assess the whole development and decision on a De Novo basis, not only in relation to the condition which was sought to be varied.  The Review Body, therefore, firstly considered the principle of an ancillary building within the grounds of Penvalla and had no issues with the design or siting of the building, nor with the installation of ground-mounted solar panels, which they noted were permitted development in any case.  Members considered that the main issue related to the proposed usage of the annex and the wording of Condition 2 which was imposed on the planning permission to regulate the occupancy. Whilst there was acceptance that the annex required some form of control over occupation to enable it to remain in character and ancillary to the main dwellinghouse, Members noted that the Planning Officer had imposed Condition 2 to restrict occupancy only to members of the same household at Penvalla.  Following consideration of all relevant information, the Local Review Body concluded that the development was consistent with Policies PMD2 and PMD5 of the Local Development Plan.  The development was considered to be appropriate infill and ancillary development within the grounds of a dwellinghouse, remaining within character and scale given the limitations of the existing access.  Members did agree that the occupancy could be extended to include occupancy from outwith the household of Penvalla. However, Members were not agreed on the wording of Condition 2 as detailed in the vote below.

VOTE

Councillor Laing, seconded by Councillor Fullarton moved that the condition be re-worded to allow Friends and Family use of the Annex, but that commercial letting not be permitted without a further application.

Councillor Small, seconded by Councillor Richards, moved as an amendment that the condition be removed and commercial letting allowed.

Members voted as follows:-

Motion - 4 votes

Amendment - 2 votes

The Motion was accordingly carried and the condition amended.

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 and the comments from the Officers on new information;

(c)        the proposal would be consistent with the Local 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 approve the development subject to Condition 2 be overturned and varied and grants planning permission for the reasons set out in Appendix I to this Minute.