Agenda item

Copies of the following papers attached:-

            REVIEW 21/00448/FUL

This application was considered by the previous Local Review Body on the 18th April 2022.  It was the intention of the LRB to support the proposal but a determination was not reached because it was found that further procedure was required to seek the submission of a bat survey.  Due to the local elections held on 5 May, it would not have been appropriate for that Local Review Body to continue the application so that further information could be provided and then considered by the new Local Review Body.  The Local Review Body considered the 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.  However, they also agreed that the matter could not be considered without enabling the Planning Officer and Ecology Officer the opportunity to respond to the Bat Emergence Survey submitted with the Notice of review, and therefore agreed that the application be continued for further procedure in the form of written submission from the Planning Officer and Ecology Officer.

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 Bat Emergency Survey 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 Ecology Officer be given the opportunity to comment on the Bat Emergance Survey provided by the Applicant; and

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