Agenda item

Copies of the following papers attached:-

review of 21/01908/FUL

6.1     There had been circulated copies of a request from Camerons Strachan Yuill Architects, 1 Wilderhaugh, Galashiels to review the decision to refuse alterations and extensions to dwellinghouse and formation of access at East Lodge, Netherurd Blyth Bridge, West Linton.  The supporting papers included the Notice of Review (including the Decision Notice and Officer’s Report); Papers referred to in the Officer’s report; consultee comments; consultation replies and List of Policies.  The Planning Adviser drew attention to information, in the form of additional information with regard to the possibility of bats, 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, without referring back to the Officer on this occasion.  After considering all relevant information, the majority of Members concluded that the application could be approved.

VOTE

Councillor Laing, seconded by Councillor Ramage moved that the Officer’s decision be upheld and the application refused.

Councillor Small, seconded by Councillor Richards moved as an amendment that the Officer’s decision be overturned and the application approved.

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 – 3 votes

Amendment – 4 votes

The amendment was accordingly carried.

6.2     In light of the decision taken by the Local Review Body, Ms Thomson advised that the bat survey was a legal requirement and would be required to be carried out before the Local Review Body could determine the application.  She had not shared this information with Members prior to their consideration of the application so that their final decision was not influenced by this requirement.  However, due to the imminent Local Government Elections, the matter could not be continued to a future meeting of the current Local Review Body and would require to be considered “de novo” by the newly appointed Local Review Body following the Election.     

DECISION

(a)        DECIDED that:-

(i)     the request for review had been competently made in terms of Section 43A of the Town and Country Planning (Scotland) Act 1997; and

(ii)    new evidence submitted with the Notice of Review in the form additional information regarding the possibility of bats met the test set in Section 43B of the Town and Country Planning (Scotland) Act 1997 and was material to the determination.

(b)     NOTED that:-

          (i)     although the review could be considered without the need for further procedure in the form of written submissions the bat survey was required prior to the final determination of the application;  and

          (ii)    due to the imminent Local Government Elections, the matter could not be continued and would require to be presented “de novo” to the newly appointed Local Review Body at the first available opportunity following the Election.