Agenda item

Copies of the following papers attached:-

review of 21/01068/FUL

There had been circulated copies of a request from Mr and Mrs M J Fox, c/o Stuart Patterson Building and Timber Frame Design, 5 Burnflat Lane, Hawick to review non-determination of a planning application for replacement windows at Craigard, Canongate, Denholm TD9 8NF.  The supporting papers included the Notice of Review; additional information; support comments   objection comments, correspondence and List of Policies.  The Review Body noted that the review was submitted against non-determination of the planning application, as the Council had not determined the application within the agreed extended processing period, this constituted a deemed refusal of the application and they were required to make a ‘De Novo’ decision on the application.    The Review Body noted that the proposal related to a property within Denholm Conservation Area but that it was positioned outwith the Prime Frontage part of the Conservation Area.  Given that timber sash and case window styles were not predominant in the vicinity and as the existing windows were casement, Members considered that the proposed windows would maintain the character of Denholm Conservation Area. After considering all relevant information, the Local Review Body concluded that the proposed replacement windows were consistent with Policies PMD2 and EP9 of the Local Development Plan and Supplementary Planning Guidance on Replacement Windows and Doors and that there were no other material considerations that would justify departure from the Development Plan. Consequently, the application was approved subject to conditions.

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

(c)          the proposed replacement windows were consistent with Policies PMD2 and EP9 of the Local Development Plan and Supplementary Planning Guidance on Replacement Windows and Doors and that there were no other material considerations that would justify departure from the Development Plan. Consequently, the application was approved subject to conditions as detailed in Appendix II to this Minute