Agenda item

Copies of the following papers attached:-

            CONTINUATION OF REVIEW 21/01257/FUL

With reference to paragraph 4 of the Minute of 17 January 2022, the Local Review Body continued their consideration 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; Additional Information; Objection comments; Consultation replies, List of policies and submission by the Roads Planning Officer, Planning Officer and Flood Risk Officer on the plan showing an alternative access to the proposed dwellinghouse.  After considering all relevant information, the Local Review Body concluded that the development was contrary to IS8 of the Local Development Plan in that the site was at significant risk of flooding and allowing a dwellinghouse to be erected on this site would put persons and property at risk of flooding. In addition, access and egress could not be safely achievable during a flood event.  There were no other material considerations that would justify departure from the Development Plan.  Consequently, the application was refused.

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 any further procedure on the basis of the papers submitted;

(c)        the proposal was contrary to the Local Development Plan and there were no other material considerations that would justify departure from the Development Plan. 

(d)       the officer’s decision to refuse the application be upheld and the application refused for the reasons set out in Appendix I to this Minute.