Agenda item

CONTINUATION of review 21/01846/PPP

With reference to paragraph 6 of the Minute of 20 June 2022, the Local Review Body continued their consideration of the request from Aitken Turnbull Architects, 5 Castle Terrace, Edinburgh EH1 2DP to review the 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 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; List of Policies and submissions by the Planning and Ecology Officers and Applicants response.  Members accepted that the site was an infill site within the defined settlement boundary of Melrose and noted that the site was part of the overall housing allocation EM32B in the Local Development Plan, albeit shown on the Settlement Proposals Map as part of the structure planting within that land allocation, reflecting the fact that the site contained orchard trees protected by SBC TPO 21. The Review Body noted that the application was for planning permission in principle and there were no detailed siting and design proposals, although a site plan with house positions and tree positions had been submitted. Having considered all thesubmissions and informed by their site inspection, the Review Body were of the opinion that this was a suitable infill development opportunity but that the proposal for two houses represented overdevelopment given the constraint of protected trees on the site and insufficient space to achieve and maintain replacement planting. As there were no other material considerations that would justify departure from the Development Plan.  Consequently, the application was refused.

DECISION

DECIDED that:-

(c)          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 would be contrary to Policy EP13 of the Local Development Plan 2016 and the Trees and Development SPG 2008 in that there would be an unacceptable and detrimental impact on the orchard trees forming part of the SBC TPO 21 (“Dingleton Hospital Site”) as a consequence of loss of protected trees, prejudice to the remaining trees and insufficient space for adequate and acceptable compensatory planting, resulting in adverse impacts on the character and amenity of the area. Furthermore, the development has not demonstrated that public benefit would outweigh the loss of, and impacts on, the trees.

(d)       the deemed refusal of the application be upheld and the application refused, for the reasons detailed in Appendix II to this Minute.