Agenda item

Copies of the following papers attached:-

          CONTINUATION OF REVIEW 22/00021/RREF

With reference to paragraph 1 of the Minute of 22 September 2022, the Local Review Body continued their consideration of the request from Mr James Hewitt c/o Ferguson Planning, 54 Island Street, Galashiels to review the decision to refuse the planning application for the erection of a dwellinghouse with associated infrastructure works on Land adjoining 16 Hendersyde Drive, Kelso.  The supporting papers included a Flood Risk Assessment and comments from the Flooding Officer; the Notice of Review (including the Decision Notice and Officer’s Report); Papers referred to in the Officer’s report; consultation replies; objection comments; further representations and list of policies.  Consideration of the review had been continued to allow either a Flood Risk Assessment or a Drainage Impact Assessment in line with the advice from the Flood Risk Officer to be submitted.  The Review Body noted the history of the site and were divided on its retention as public open space.  After discussion, Members concluded that the site was large enough to accommodate a dwellinghouse without significant impact on adjoining properties or overdevelopment and was therefore an appropriate gap site.  Members then considered the issue of the trees to the rear of the site and were content that there was sufficient space for the dwellinghouse without undue impact on the trees.  In terms of drainage on the site and the identified concerns over surface water flood risk, members noted the Flood Risk Assessment and the Flood Risk Officer acceptance of its contents and that there were higher parts of the site during their site inspection. Subject to conditions siting the house away from the small area of surface water flood risk identified in the Assessment and ensuring the finished floor level was at or above 49.67m above Ordnance Datum, the Review Body were content that flood risk had been satisfactorily addressed under Policy IS8. 

VOTE

Councillor Moffat, seconded by Councillor Small moved that officer’s decision be overturned and the application be approved.

Councillor Thompson, seconded by Councillor Douglas moved as an amendment that the officer’s decision be upheld and the application refused.

On a show of hands Members voted as follows:-

Motion             - 4 votes

Amendment     - 3 votes

The motion 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 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, EP11, EP13 and IS8 of the Local Development Plan. The development was considered to be an appropriate infill development in keeping with the character of surrounding development and with acceptable impacts on the open space and residential neighbouring properties. The development was also able to be achieved without flood risk.  Consequently, the application was approved subject to conditions and a legal agreement.

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