Agenda item

Copies of the following papers attached:-

review of 21/01270/ful

There had been circulated copies of the request from Ferguson Planning, 54 Island Street, Galashiels to review the decision to refuse the application for change of use from Industrial (Class4,5,6) to a functional Fitness Gym (Class11) at Unit B, Whinstone Mill, Netherdale Industrial Estate, Galashiels.  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; general comments, further representations and list of policies.    The Planning Adviser drew attention to information, in the form of testimonials from Members of the Gym 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 matter could not be considered without enabling the Planning Officer and Economic Development Service to respond to the details of the vacant and available industrial and commercial premises list provided by the applicant, therefore, agreed that the application be continued for further procedure in the form of written submission from the Planning Officer and Economic Development.

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 testimonials from gym members 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 not be considered without the need for further procedure in the form of written submissions;

(d)       the Planning Officer and Economic Development be given the opportunity to comment on the available industrial and commercial premises list provided by the applicant.

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