Agenda item

 Copies of the following papers attached:-

review of 21/01625/PPP 

There had been circulated copies of a request from Mr and Mrs Jerry and Shona Ponder, c/o Ferguson Planning, 54 Island Street, Galashiels to review the decision to refuse the planning application for the erection of a residential dwelling with associated amenity, parking, infrastructure and access on land to the East of South Laws, 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; additional information, consultation replies and list of policies.  The Review Body  agreed that there was an existing building group and noted that although there had been one consent granted within the current Local Development Plan period, that had since lapsed and there was capacity to expand the group.  Members considered the relationship of the site with the group and whether it was within the group’s sense of place and were concerned that the proposed site lay outwith and was not related to the building group, constituting ribbon development and breaking into the corner of an arable field.  Members were also concerned  that a precedent would be set for further development within the field.  The Review Body noted the objection of SEPA over the potential for flood risk at the site. Whilst Members had concerns over this issue, they accepted that the Appointed Officer had refused the application for other reasons and it was, therefore, not necessary to investigate the issue further.  Consideration was then given to the issue of loss of prime agricultural land and compliance with Policy ED10 of the Local Development Plan. Members agreed with the Appointed Officer that the site was within a field being used and available for agricultural purposes.   After considering all relevant information, the Local Review Body concluded that the development was contrary to the Development Plan and that there were no other material considerations that would justify departure from the Development Plan.  Consequently, the application was refused.

VOTE

Councillor Moffat, seconded by Councillor Cox moved that the application be approved.

Councillor Thomson, seconded by Councillor Orr moved as an amendment that the application be refused.

On a show of hands Members voted as follows:-

Motion             - 3 votes

Amendment     - 5 votes

The amendment was accordingly carried and the application was refused.

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

(c)          The proposed development failed to comply with Policy HD2 of the Local Development Plan 2016 and Supplementary Planning Guidance, New Housing in the Countryside 2008, as it would not relate well to the existing building group, would break into an undeveloped field, outwith the building group’s sense of place and would result in ribbon development long the  public road which would adversely impact upon the composition and quality of the landscape character.  The development also failed to comply with Policy ED10 as it would result in the permanent loss of prime quality agricultural land.

(d)          the officer’s decision to refuse the application be upheld and the application refused, for the reasons detailed in Appendix IV to this Minute.