Agenda item

Copies of the following papers attached:-

CONTINUATION OFREVIEW 22/00127/ful

With reference to paragraph 3 of the Minute of 15 August, the Local Review Body continued their consideration of the 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, list of policies and submission by Planning Officer and Economic Development and Applicant response.  Members noted that the unit had previously been within industrial use but that the gymnasium had now been implemented within the unit. The application at Review was, therefore, noted to be retrospective and Members acknowledged the reasons given by the applicant for this.  Members further noted that the unit lay within an area allocated as a District industrial and employment site and that, whilst Class 4-6 uses were preferred, other uses could be considered, provided three out of four criteria set down in the Policy were met. Members then considered these criteria and were of the opinion that three of the criteria were met by the proposal. The Review Body noted the submissions from the Appointed Officer and applicant which conflicted over the potential impacts of the loss of the unit on industrial land supply. However, Members welcomed the re-use of the unit and noted that a number of gyms had been approved in the locality, including the adjoining unit, and in other industrial estate settings. The Review Body also noted and welcomed the fact that the future use of such units had been safeguarded by conditions seeking reversion to industrial use should the approved gym uses cease. Subject to the same condition being applied to the current proposal, Members were content that approval would not be prejudicial to the long term requirements of industrial land and buildings in the area.  The review body also noted the employment and community benefits to allowing a gym use within the unit.

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 further procedure;

(c)       the officer’s decision to refuse the application be overturned and the application approved, for the reasons detailed in Appendix II to this Minute, subject to conditions.