Agenda item

Copies of the following papers attached:-

              CONTINUATION OF REVIEW - 22/00035/RREF

With reference to paragraph 4 of the Minute of 12 December 2022, the Local Review Body continued their consideration of the request from Mr Peter Hedley, c/o Ferguson Planning, 54 Island Street, Galashiels to review the decision to refuse the planning application for the erection of residential holiday let with associated facilities at Townfoot Hill Land North West of Cunzierton House, Oxnam, Jedburgh.  The supporting papers included the submission by the Planning Officer and Applicants response to the new information; 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.   

1.2       It was reported that the Scottish Government had adopted, with effect from 13 February 2023, the new National Planning Framework (NPF4) which superseded previous guidance and had been incorporated into the Local Development Plan.  Members noted that in accordance with the terms of Section 25 of the Town and Country Planning (Scotland) Act 1997, the Planning Authority must ensure that Planning Decisions and Reviews took account of the new Framework.  In respect of this particular review, the Planning Officer had provided full comments on how NPF4 related to the proposal and his decision, as part of his comments on the new information submitted by the applicant. In turn, the applicant had responded to the Officer’s comments on NPF4 and the members agreed to proceed with the Review.

1.3       Members reported that they had found the site visit, carried out on 20 February 2023, very useful and that the proposal was for the erection of a residential holiday let with associated facilities.  Members firstly considered the principle of the development under Policy ED7 and the requirement for submission of a business case to support tourist accommodation proposals in the countryside. Whilst they noted that the Appointed Officer considered the submitted Business Plan did not provide sufficient indication of viability to justify the development, the Review Body accepted the Plan on the basis of farm diversification and the contribution it demonstrated to the existing farm business.  In considering the criteria set down in Policy ED7 and PMD2 on siting, landscape and relationship with adjoining uses, it was noted that the Appointed Officer and Landscape Officer had objected due to the prominence, elevation and secluded location of the proposal and that it was out of character with the landscape and surrounding development pattern.  The Review Body noted the additional submissions from the applicant, including the Visual Impact Study and sequential plan with associated photographs and agreed that the site was a significant distance from a very limited number of farms and houses and that, from some directions, would not be visible.  It was noted that the proposal was utilising an existing disused quarry scar in the hillside, the building being sunk into the site with green roof and other design elements that would successfully reduce prominence, visual impacts and impact on the landscape. Provided controls could be imposed by condition to secure non-reflective glass and discrete indoor/outdoor lighting, Members were content that sunlight glint or evening lighting could be mitigated to acceptable levels, thus addressing the Landscape Officer’s concerns over this element.  In terms of access, whilst there was some concern over the gradient of the public road leading to the site, Members noted that both the Roads and Access Officers were content with the revised plans subject to appropriate conditions on the road access, parking, turning and maintenance of the existing right of way. Subject to those conditions, the Review Body concluded that the development was modest in scale and form, with limited visibility and acceptable impacts on the landscape, character of the area and residential amenity.

            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 development was consistent with Policies PMD1, PMD2, ED7 and IS5 of the Local Development Plan and Policies 14, 29 and 30 of National Planning Framework 4 and the development was considered to be an appropriate provision of tourist accommodation for the location with a justified business case, complying with sustainability and tourism strategies for the area and providing high quality accommodation in an attractive setting. Impacts on landscape and access could be satisfactorily mitigated by appropriate conditions; and

(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.