Agenda item

Copies of the following papers attached:-

review of 21/00793/FUL

There had been circulated copies of a request from Ha Viet Pham, c/o Andrew Scott, Murray House, High Street, Langholm to review the decision to refuse the planning application for the partial change of use of shop and alterations to form manager’s flat at shop, 43 High Street, Hawick .  The supporting papers included the Notice of Review (including the Decision Notice and Officer’s Report); Papers referred to in the Officer’s report; consultation replies; Design Access and Heritage Statement; correspondence from the Agent and List of Policies.   The Planning Adviser drew attention to information, in the form of magazine articles and website excerpts contained within in Appendix 3 of the review submission 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 consistent with Policies PMD2 and ED3 of the Local Development Plan. The majority of Members considered that the development was an appropriate provision of supporting residential accommodation for the retained ground floor commercial unit and that, provided conditions were imposed linking occupancy and allowing the accommodation to revert to previous use, then the vitality of Hawick High Street and Town Centre would be preserved. Consequently, the application was approved subject to conditions.

VOTE

Councillor Laing, seconded by Councillor Smail 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

DECIDED 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 magazine articles and web site excerpts 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 PMD2 and ED3 of the Local Development Plan. The development was considered to be an appropriate provision of supporting residential accommodation for the retained ground floor commercial unit and that, provided conditions were imposed linking occupancy and allowing the accommodation to revert to previous use, then the vitality of Hawick High Street and Town Centre would be preserved. 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 IV to this Minute.