Agenda item

Copies of the following papers attached:-

1.            CONTINUATION OF REVIEW - 21/00027/RCOND

With reference to paragraph 4 of the Minute of 13 December 2021, there had been re-circulated copies of the request from Mr Richard Amos Ltd, 2 Golden Square, Duns to review the decision to impose a temporary three month consent by attaching Condition 2 on the planning permission for the erection of a glazed covered Pergola to Existing Outside Seating Area (part retrospective) 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.  Also circulated were copies of further information requested by the Local Review Body, in the form of responses from the Council’s Environmental Health Officer to pictures illustrating an increase in height of the fencing panels to the rear of the existing seating area to mitigate noise.  Following consideration of all relevant information, the Local Review Body concluded that the development was consistent with Policies PMD2, HD3 and EP7 of the Local Development Plan. The development was considered to be an appropriate structure within the grounds of a public house, without adverse impact on listed building character. Members did not consider the potential consequent noise impacts on residential amenity as a result of the pergola to justify either removal of the structure or further temporary permission, especially as the seating area already existed and an increase in the existing fence height could be required by condition. Consequently, the application was approved.

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 review could be considered without the need for further procedure on the basis of the papers submitted;

(c)        the proposal would be consistent with Policies PMD2, HD3 and EP7 of the Local Development Plan; and

(d)       the officer’s decision to approve the application subject to Condition 2 be overturned for reasons detailed in Appendix I to this Minute.