Agenda item

Copies of the following papers attached:-

CONTINUATION of review 21/01421/PPP

With reference to paragraph 4 of the Minute of 18 July 2022, the Local Review Body continued their consideration of the 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; Decision Notice; Officers Report; papers referred to in the Officers report; consultation replies; list of policies and written submission from the Planning Officer and Applicants response.    Also circulated were the Planning Officers comments and Applicant response on new information submitted in terms of the Soil Fertility Report; 3D image of proposed new House in relation to Existing House  and Revised Site Plan indicating a reduced development boundary.  Members considered whether there was a building group in the vicinity and noted there were at least three existing houses in the immediate vicinity, including the existing farmhouse and cottages and were satisfied that this constituted a building group. Members also agreed there was capacity for the group to be expanded, The Review Body concluded that the site balanced the group, allowing the farmhouse to occupy a central position and that the site mirrored the location of the cottages whilst being necessarily separated from the access and buildings relating to the working farm. The Review Body also noted the applicants’ current occupation at Woodend Farm, the intention for a retirement house and the continued operation of the farm by family. However, in terms of Clause F of Policy HD2, Members did not consider it necessary to test the proposal due to their support under Clause A relating to building group addition.  Members then considered whether the proposal would be contrary to Policy ED10 in relation to the loss of prime quality agricultural land and were satisfied with the findings of the Soil Fertility Report, accepting that the site occupied a poorer grade of land at the field margin and that the reduced extent of the site also resulted in a smaller land take.  After considering all relevant information, the application was approved subject to conditions and a legal agreement.

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; and

(c)       The Local Review Body reversed the decision of the appointed officer and indicated that it intended to grant planning permission for the reasons set out in the intentions notice subject to conditions and the applicants entering into a Section 75, or other suitable Legal Agreement, as set out in Appendix I to this Minute.