Agenda item

Copies of the following papers attached:-

CONTINUATION OF REVIEW 22/00029/RREF

With reference to paragraph 4 of the Minute of 17 October 2022, the Local Review Body continued their consideration of the request from C & V Developments c/o Ferguson Planning, 54 Island Street, Galashiels to review the decision to refuse the planning application for the erection of two dwellinghouses on Land West of Wellnage Station Road, 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.  Members had found the site visit very beneficial and noted that the site was located within the Duns settlement boundary and there were no specific designation on the site which prevented it from being considered an appropriate infill opportunity. It was also noted that four previous houses had been developed adjoining the site by the same applicant and these had been assessed on the site visit, together with pegged out locations for the proposed two additional houses. The Review Body were of the opinion that the site was an unused area of land which would be improved through development rather than left in an unkempt state and there was no opportunity to secure the landscaping of the site should planning permission not be granted.  Following discussion on the siting and design of the proposed houses, it was concluded that the existing houses were well integrated into the area and a further two house of similar design was an acceptable form of development for the site.  Members then considered the issue of impact on the setting of The Wellnage, a Category B Statutorily Listed Building adjoining the site. Taking into account the relationship of the site and proposed development with The Wellnage, which had also been observed on the site visit, the Review Body were of the opinion that the setting of the Listed Building had changed significantly since The Wellnage was originally built and was no longer part of a larger undeveloped landscape. Members also noted the subsequent recent built development around The Wellnage, its subdivision, the high garden hedge, intervening trees, lack of inter-visibility and level difference with the lower-lying site. For all of these reasons, the Review Body concluded that the impacts on the setting of a listed building were acceptable and in compliance with Policy EP7.  Members wished to ensure retention, repair and ongoing maintenance of the boundary wall, which was in disrepair and this would be included in the conditions.  

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)       After considering all relevant information, the Local Review Body concluded that the development was consistent with Policies PMD2, PMD5, and EP7 of the Local development Plan and relevant Supplementary Planning Guidance;

(d)       the officer’s decision to refuse the application be overturned and the application approved, subject to conditions and Legal Agreement as detailed in Appendix I to this Minute.