Agenda item
Continuation of review of refusal in respect of the Erection of dwellinghouse on Land South West of Castleside Cottage, Selkirk - 22/00041/RREF
Copies of the following papers attached:-
Minutes:
1. CONTINUATION OF REVIEW 22/00041/RREF
With reference to paragraph 2 of the Minute of 20 February 2023, the Local Review Body continued their consideration of a request from Mr P J Lewis, c/o RM Architecture Ltd, Bloomfield, Heatherlie Park, Selkirk to review the decision to refuse the planning application for the erection of a dwellinghouse on Land South West of Castleside Cottage, Selkirk. The supporting papers included the written submission from the Applicant detailing the fibre cement cladding and colour proposed, together with photographs of the use of the material; Notice of Review (including the Decision Notice and Officer’s Report); Papers referred to in the Officer’s report; consultation replies; further representations and list of policies. The Applicant had also supplied a sample of the fibre cement to be used.
1.1 At their initial consideration of the Review, Members noted that the application had not been refused in relation to the principle of a house under Policy HD2 of the Local Development Plan and the New Housing in the Borders Countryside Supplementary Planning Guidance. However, they did consider the principle as part of their overall consideration of the Review, the relationship with the Development Plan and all other material issues. Members accepted that there was a building group present at Castleside, that there was capacity for addition of another house and that the application site was an appropriate site within the group. The Review Body concluded that the principle of a house was acceptable under Clause A of Policy HD2 and the New Housing in the Borders Countryside SPG.
1.2 Members then considered the issues of siting and design and noted that the Appointed Officer had accepted the scale, position and alignment of the proposed dwellinghouse but had considered that the external cladding material, its colour and the fenestration, especially to the south-west elevation, were inappropriate and out of context with the character and architectural styles of the building group and surrounding area.
1.3 After careful consideration of the fibre cement sample and additional photographs, the Review Body were of the opinion that the design would result in a house very different from what existed within the building group, appearing prominent and incongruous adjoining the existing cottage. Whilst there were no objections to the overall scale and form of the house, the type, colour and extent of external cladding and fenestration would result in a design that would be out of character with the group and area.
VOTE
Councillor Thomson, seconded by Councillor Orr, moved that the officer’s decision be upheld and the application refused.
Councillor Scott, seconded by Councillor Richards moved as an amendment that the officer’s decision be overturned and the application approved.
On a show of hands Members voted as follows:-
Motion - 5 votes
Amendment - 2 votes
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 further procedure;
(c) the design was contrary to Policies PMD2 and HD2 of the Local Development Plan and the advice within the SPGs;
(d) NPF4 Policies did not alter their conclusion.
(e) that the Officer’s decision to refuse the application be upheld.
Supporting documents:
- LRB decision notice - Castleside - Dated, item 1. PDF 143 KB
- Item 4(a) - OFFICERS_NPF4_STATEMENT, item 1. PDF 200 KB
- Item 4(a)- Resp to NPF4 Plann state - Appl, item 1. PDF 75 KB
- Item 4(b) -SUPPLEMENTARY_INFORMATION, item 1. PDF 553 KB
- Item 4(c) - Appeal Statement, item 1. PDF 3 MB
- Item 4(c) - 2101618FUL-APPLICATION_FORM, item 1. PDF 466 KB
- Item 4(c) - 2101618FUL-REPORT OF HANDLING, item 1. PDF 114 KB
- Item 4(c)-2101618FUL-REFUSED DRAWINGS, item 1. PDF 2 MB
- Item 4(c) - 21-001-SD-002 Rev D, item 1. PDF 178 KB
- Item 4(c) - 2101618FUL-APP1 PRE-APP RESP, item 1. PDF 84 KB
- Item 4(c) - 2101618FUL-DECISION_NOTICE, item 1. PDF 71 KB
- Item 4(c) - 2101618FUL-OFF. E-MAIL 050522, item 1. PDF 92 KB
- Item 4(c) - 2200041RREF-Email 050522, item 1. PDF 92 KB
- Item 4(c) - 2200041RREF-OFF. EMAIL -240822, item 1. PDF 710 KB
- Item 4(c) - Agent E-mail - 040422, item 1. PDF 2 MB
- Item 4(c) - COMM COUNCIL - FURTHER REPRES, item 1. PDF 105 KB
- Item 4(c) - Officer E-mail 090323, item 1. PDF 928 KB
- Item 4(c) - Roads Consul-Off email, item 1. PDF 95 KB
- Item 4(c) -2101618FUL-DEC.NOTICE, item 1. PDF 71 KB
- Item 4(c) 2200041RREF-Daylight Ass, item 1. PDF 2 MB
- Item 4(c) Developer contr- Off. email, item 1. PDF 586 KB
- Item 4(c) Flood Risk Consult - Off. email, item 1. PDF 156 KB
- Item 4(c)-2200041RREF- shadow path Analys, item 1. PDF 2 MB
- 21-001-SD-001 Rev K, item 1. PDF 3 MB
- 22_00041_RREF - Appl Form, item 1. PDF 466 KB
- 22_00041_RREF-APPEAL_STATE, item 1. PDF 4 MB
- Item 4(c) - Consultation Replies, item 1. PDF 2 MB