Agenda item

Copies of the following papers attached:-

review 21/01588/ful 

There had been circulated copies of a request from Hamad Aloswadian c/o Amy Knowles Brown, Agent, 21 Snowdon Place, Stirling to review the decision to refuse the planning application for the erection of a dwellinghouse on Land South West of Windrush, Highend, 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; additional information, consultation replies; supporting statement and list of policies.  In their initial discussions, Members considered whether there was a building group under Part A of Policy HD2 and noted that the site lay adjoining the applicant’s own house.  The members noted from the aerial slides and applicant’s map submission that there were other houses and buildings in the wider vicinity, but felt these were well separated and that not all buildings in the wider area were houses and concluded that there was not a building group.   The Review Body then considered whether there was a justified business case for a dwellinghouse on the site but concluded that as the falconry facility was operated as a hobby, there was no such justification.  Finally the Review Body considered other material issues relating to the proposal including siting and design, impact on trees, impact on the landscape, road access, water and drainage.  After considering all relevant information, the Local Review Body concluded that the development was contrary to the Development Plan and that there were no other material considerations that would justify departure from the Development Plan.  Consequently, the application was refused.

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)       the review could be considered without the need for any further procedure on the basis of the papers submitted;

(c)         the development was contrary to policy HD2 of the Local Development Plan 2016 and New Housing in the Borders Countryside Guidance 2008 in that the proposal was not well related to an existing building group of at least three houses and no overriding economic case had been made that a house was required in this isolated location for essential rural business purposes; and

(d)        the officer’s decision to refuse the application be upheld  for the reasons set out in Appendix I to this Minute.