Agenda item

Copies of the following papers attached:-

REVIEW – 22/00047/RREF

              There had been circulated copies of a request from Marchmont Farms Ltd, per Smith and Garratt, The Guildhall, Ladykirk, Berwick-upon-Tweed to review the decision to refuse the planning application for the erection of Class 4 joinery workshop with associated access and parking on Land North and East of Clay Dub, Duns Road, Greenlaw, 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; support comments, consultation replies, objections, further representations and list of policies.

The Planning Adviser drew attention to information, in the form of an extract of a land capability for agriculture map, the applicant claiming the Planning Officer had made an error as the site was not Prime Agricultural Land according to their map which had been submitted with the Notice of Review.  As this had not been before the Appointed Officer at the time of determination,  Members agreed that the information was new but considered that it met the Section 43B test, was material to the determination of the Review and could be considered. However, they also agreed that the new information could not be considered without affording the Planning Officer an opportunity of making representations.  The Members also requested a site visit.

4.1         Furthermore, Mrs Thompson, Solicitor advised that as a result of the Scottish Government adopting, with effect from 13 February 2023, the National Planning Framework (NPF4) which superseded previous guidance and had been incorporated into the Local development Plan.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 and agreed that the review be continued to allow the Applicant and Planning Officer the opportunity to submit comments on the impact of NPF4 on the Application.

              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)     new evidence submitted with the Notice of Review in the form of an extract of a land capability for agriculture map (which, it was claimed, demonstrated  the Planning Officer had made an error as the site was not Prime Agricultural Land) met the test set in Section 43B of the Town and Country Planning (Scotland) Act 1997 and was material to the determination;

(c)     the review could be not considered without the need for further procedure in the form of written submissions;

(d)     the Planning Officer be given the opportunity to comment on the new evidence submitted with the Notice of Review ;

(e)     the Planning Officer and Applicant be given the opportunity to submit an        NPF4 statement; and

(f)      consideration of the review be continued to a future meeting on a date to be confirmed.