Agenda item

Copies of the following papers attached:-

review of 21/01344/FUL

There had been circulated copies of the request from Mr Christopher Brass, 1 Robson Close, Ryton, Gateshead to review the decision to refuse the planning application for the siting of 2 no. shepherds huts for short term holiday accommodation on Land East of the Old Stables, Lennel.  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, Correspondence; consultation replies and response from Applicant; support comment; Objection comments and response from applicant; further objection comments and response from applicant and List of policies.  The Planning Adviser drew attention to information, in the form of three Scottish Borders LRB Appeal/Review decisions for holiday/hut accommodation and the outcome of a court case 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. 

After considering all relevant information, the Local Review Body concluded that the development was consistent with Policies PMD1, PMD2, ED7 and IS5 of the Local Development Plan. The development was considered to be an appropriate provision of tourist accommodation for the location with a justified business case, complying with sustainability and tourism strategies for the area, connecting with and avoiding adverse impacts on public access routes. Consequently, the application was approved subject to conditions.

VOTE

Councillor Hamilton, seconded by Councillor Laing moved that the Officer’s decision be overturned and the application approved.

Councillor Ramage, seconded by Councillor Anderson moved as an amendment that the Officer’s decision be upheld and the application refused.

As the meeting was conducted by Microsoft Teams members were unable to vote by the normal show of hands and gave a verbal response as to how they wished to vote the result of which was as follows:-

Motion – 5 votes

Amendment – 2 votes

The motion was accordingly carried.

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 three Scottish Borders LRB Appeal/Review decisions for holiday/hut accommodation and the outcome of a court case which had been submitted with the Notice of review met the test set in Section 43B of the Town and Country Planning (Scotland) Act 1997 and was material to the determination;

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

(d)          the development was consistent with Policies PMD1, PMD2, ED7 and IS5 of the Local Development Plan. The development was considered to be an appropriate provision of tourist accommodation for the location with a justified business case, complying with sustainability and tourism strategies for the area, connecting with and avoiding adverse impacts on public access routes. Consequently, the application was approved subject to conditions; and

(e)          the officers decision to refuse the application be overturned and the application approved, subject to conditions, for the reasons detailed in Appendix II to this Minute.