Agenda item

Copies of the following papers attached:-

REVIEW OF 22/00037/RREF

There had been circulated copies of a request from Mr Patrick Jenkins, Mansfield, 91 High Street, Coldstream to review the decision to refuse the planning application for the installation of photo voltaic array at Mansfield, 91 High Street, Coldstream.  The supporting papers included the Notice of Review; Paper’s referred to in the Officers Report, consultation replies and list of policies.  Members noted that the property was within Coldstream Conservation Area and that the photovoltaic panels were proposed on the south facing roof slope which was visible on the High Street and in the public realm, for maximum solar gain.

 Policies PMD2 and EP9 required an alteration appropriate to the existing building, compatible with the character of its surroundings and preserving the special architectural character and appearance of the Conservation Area. However, the Review Body also noted strong support for domestic renewable energy schemes at a national level which was reflected in Local Development Plan Policy ED9. Members discussed whether there were less visible alternatives and were aware of setting a precedent within a Conservation Area.  Although the Members opinion was divided, it was agreed to support the growth in domestic green energy and that ultimately the benefits outweighed the visual impact on the character of the dwellinghouse and the Conservation Area in this particular case. Members in support, were of the opinion that the panels may also look more compact and integrated on the building than dispersed across other roofs and parts of the property. It was understood that the panels could be removed again should they no longer be used for electricity production. For these reasons, Members considered that compliance with Policy ED9 outweighed the impacts on the Conservation Area and Policy EP9 in this instance.

VOTE

Councillor Douglas, seconded by Councillor Cox moved that the officer’s decision be upheld and the application be refused.

Councillor Richards, seconded by Councillor Moffat moved as an amendment that the officer’s decision be overturned and the application be approved.

On a show of hands Members voted as follows:-

Motion             - 4 votes

Amendment     - 5 votes

The amendment was accordingly carried.

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)          the review could considered without the need for further procedure;

(c)          After considering all relevant information, the Local Review Body concluded that the development was consistent with Policies PMD1, PMD2 and EP9 of the Local Development Plan and relevant Supplementary Planning Guidance. The proposal was considered to be in compliance with the Council’s Policies on sustainability and renewable energy sources and that this outweighed any impacts on the character of the house or the Conservation Area.

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