Agenda item

Copies of the following papers attached:-

          Review 22/00127/FUL

There had been circulated copies of a request from Daina McFarlane, Leitvale, Eden Road, Gordon to review the decision to refuse the planning application for the change of Use from Industrial (Class 4, 5 ,6) to Fitness Studio (Class 11)(retrospective) at Unit C, Whinstone Mill, Netherdale Industrial Estate, Galashiels.  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; support letters and list of policies.  The Planning Adviser drew attention to information on the availability of Industrial Units within Netherdale Industrial Estate, Galashiels, which had been submitted with the Notice of Review 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 matter could not be considered without enabling the Planning Officer and Economic Development Service to respond to the information on the availability of Industrial Units within Netherdale Industrial Estate.  Members, therefore, agreed that the application be continued for further procedure in the form of written submission to seek comments from the Planning Officer and Economic Development.

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)          new evidence submitted with the Notice of Review in the form of information about the availability of Industrial Units within Netherdale Industrial Estate, Galashiels 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 and Economic Development be given the opportunity to comment on the information on the availability of industrial units within the Netherdale Industrial Estate, Galashiels provided by the applicant.

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