Agenda item

Copies of the following papers attached:-

review of 21/00965/FUL

There had been circulated copies of the request from Mr Richard Amos Ltd, 2 Golden Square, Duns to review the decision to refuse the planning application for the erection of a glazed covered Pergola to Existing Outside Seating Area at the Waterloo Arms, Chirnside, Duns.  The supporting papers included the Notice of Review (including the Decision Notice and Officer’s Report); Papers referred to in the Officer’s report; Objection comments; Consultation replies; further objection comments and Applicant Response and List of policies.  The Planning Adviser drew attention to information, in the form of pictures illustrating an increase in height of the fencing panels to the rear of the existing seating area to mitigate noise 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 Environmental Health Officer and Planning Officer an opportunity of commenting on the new information so it was 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 pictures illustrating an increase in height of the fencing panels to the rear of the existing seating area to mitigate noise 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 Environmental Health 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.