Agenda item

Copies of the following papers attached:-

review of 21/00019/RREF

There had been circulated copies of the request from John Patterson, 16 Riverside View, East Broomlands, Kelso to review the decision to refuse the planning application for the development of a single dwellinghouse and parking on Land Adjacent to Carnlea, Main Street, Heiton.  The supporting papers included the Notice of Review; Decision Notice; Officer’s Report; Objection comments, further objection comments and Applicants Response, General comments received, other information and a list of policies.  The Planning Adviser drew attention to information, in the form of Land Register of Scotland – Land certificate version 12/09/2006; Letters from Scottish Water dated 20 April 2004 and 24 February 2005; Excerpts from The Robert Burns Annual and Chronicle 1948 and Excerpts from the Federation Year Book 1951 which had been submitted with the Notice of review documentation but which had not been before the Appointed Officer at the time of determination.  Members agreed that the information was new but considered that it met the Section 43B test, was material to the determination of the Review and could be considered. However, they also agreed that the new information could not be considered without affording the planning officer and roads officer an opportunity of making representations on the new information so agreed that the application be continued for further procedure. 

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)          new evidence submitted with the Notice of Review in the form of Land Register of Scotland – Land certificate version 12/09/2006; Letters from Scottish Water  dated 20 April 2004 and 24 February 2005; Excerpts from The Robert Burns Annual and Chronicle 1948 and Excerpts from the Federation Year Book 1951 met the test set in Section 43B of the Town and Country Planning (Scotland) Act 1997 and was material to the determination;

(a)          the review could not be considered without the need for further procedure in the form of written submissions;

(c)        the Planning Officer and Roads Officer be given the opportunity to comment on the new evidence submitted with the Notice of Review.

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