Agenda item

Copies of the following papers attached:-

review of 21/01846/PPP

          There had been circulated copies of a request from Aitken Turnbull Architects, 5 Castle Terrace, Edinburgh EH1 2DP to review non determination of a planning application for the erection of two dwellinghouses on Land North of Ivanhoe, Dingleton Road, Melrose.  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 application processing period, this constituted a deemed refusal of the application and they were required to make a ‘De Novo’ decision on the application. The supporting papers included the Notice of Review; additional information; consultation replies; objection comments; correspondence and List of Policies.  The Planning Adviser drew attention to information, in the form of a Bat Potential and Breeding Bird Survey which had been submitted with the Notice of Review but had not been before the Appointed Officer during the processing of the application.  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 Potential and Breeding Bird Survey submitted with the Notice of review. Members, therefore, agreed that the application be continued for further procedure in the form of written submission from the Planning Officer and Ecology Officer.   Members further agreed that a site visit would also assist them in their determination and agreed that this be arranged while the written submissions were being obtained.

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 new evidence submitted with the Notice of review in the form of a Bat Potential and Breeding Bird 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 and an unaccompanied visit to the site;

(d)       the Planning Officer and Ecology Officer be given the opportunity to comment on the Bat Potential and Breeding Bird Survey submitted with the review and that a site visit be arranged; and

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