Scottish Borders Council

Agenda item

Consider request for review of refusal of application for the erection of dwellinghouse on Land north-east of Woodend Farmhouse, Gavinton, Duns - 21/01421/PPP and 22/00016/RREF

Copies of the following papers attached:-

Minutes:

review of 21/01421/PPP

There had been circulated copies of a request from Mr and Mrs J Seed c/o Ferguson Planning, 54 Island Street, Galashiels Duns to review the decision to refuse the planning application for the erection of a dwellinghouse, on Land North East of Woodend Farmhouse, Gavinton, Duns.  The supporting papers included the Notice of Review (including the Decision Notice and Officer’s Report); Papers referred to in the Officer’s report; consultation replies and list of policies.  The Planning Adviser drew attention to information, in the form of a Soil Fertility Report; 3D image of the proposed new house in relation to the existing house and revised Site Plan indicating a reduced development boundary which had been submitted with the Notice of review documentation but which had not been before the Appointed Officer at the time of determination.  Members agreed that the information was new but considered that it met the Section 43B test, was material to the determination of the Review and could be considered.  However, they also agreed that the new information could not be considered without affording the planning officer an opportunity of commenting on the new information so agreed that the application be continued for further procedure. 

 

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 Soil Fertility Report; 3D image of proposed new house in relation to existing house and revised Site Plan indicating a reduced development boundary 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 be given the opportunity to comment on the new evidence submitted with the Notice of Review; and

 

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

Supporting documents:

 

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