Agenda item

Copies of the following papers attached:-

review of 21/00595/PPP

There had been circulated copies of the request from Ferguson Planning, 54 Island Street, Galashiels to review the decision to refuse the planning application for the Erection of a dwellinghouse with access and associated works on Land East of Deuchar Mill House, Yarrow.  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; consultation replies; objections, further representations and Applicant response and list of policies.    The Planning Adviser drew attention to information, in the form of a new site plan indicating a hedge which had been submitted with the Notice of Review but had not been before the Appointed Officer at the time of determination.  The Review Body considered that the new evidence met the test set out in Section 43B of the Town and Country Planning (Scotland) Act 1997, and that this new information 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 contrary to policy HD2 of the Scottish Borders Local Development Plan (2016), and contrary to the guidance within the adopted New Housing in the Borders Countryside Supplementary Planning Guidance Note (2008), in that the proposed development would not relate sympathetically to the sense of place of the existing building group, and would potentially lead to ribbon development along a public road.  The proposal did not comply with Policy PMD2 of the Local Development Plan 2016 in that it would fail to ensure there was no adverse impact on road safety.  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)          new evidence submitted with the Notice of Review in the form of a new site plan indicating a hedge 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 contrary to the Development Plan and that there were no other material considerations that would justify departure from the Development Plan; and

(e)        the decision of the appointed officer be upheld and the application refused, for the reasons detailed in Appendix IV to this Minute.