Agenda item

Copies of the following papers attached:-

REVIEW 21/00739/PPP

There had been circulated copies of a request from F J Usher’s Children Trust, c/o Hannah Belford, Agent, Wemyss House, 8 Wemyss Place, Edinburgh to review the decision to refuse the planning application for the erection of two dwellinghouses on Land East of Delgany, Old Cambus, Cockburnspath.  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, correspondence, consultation replies; objection comments, general comments, further representations and list of policies.  The Planning Adviser drew attention to information, in the form of noise levels of machinery in operation at TD Trees and Land Services, Old Cambus, West Mains submitted by an objector but which 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 Environmental Health to respond to the details in the noise levels submitted by the objector, and therefore agreed that the application be continued for further procedure in the form of written submission from the Planning Officer and Environmental Health.

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 by an objector in the form of noise levels of machinery in operation at TD Trees and Land Services, Old Cambus, West 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 Environmental Health be given the opportunity to comment on the noise level of machinery Level Survey provided by an Objector ; and

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