Agenda item

Copies of the following papers attached :-

review of 21/01257/FUL

There had been circulated copies of the request from Mr S Aitchison, 3 Glenfield Crescent, Galashiels on behalf of Mr A Elliot to review the decision to refuse the planning application for the erection of a dwellinghouse on Garden Ground, Kilnknowe House, East Green, Earlston.  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 and List of policies.  The Planning Adviser drew attention to information, in the form of plan showing an alternative access to the proposed dwellinghouse 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, Flood Risk Officer and Roads Officer the opportunity of commenting on the new information and 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 a plan showing an alternative access to the proposed dwelling 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;

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

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