Agenda item

Copies of the following papers attached:-

CONTINUATION OF REVIEW 22/00040/RREF

8.1     With reference to paragraph 9 of the Minute of 20 February 2023, the Local Review Body continued their consideration of a request from Mr and Mrs O McLaren c/o Richard Amos, 2 Golden Square, Duns to review the decision to refuse the planning application for the erection of 2 No. dwellinghouses on Land at Silo Bins, Edington Mill, Chirnside.  The supporting papers included the written submissions from the Planning Officer and Applicant in respect of NPF4; written submissions from the Planning Officer and Applicant in respect of new information; Notice of Review (including the Decision Notice and Officer’s Report); Papers referred to in the Officer’s report; Additional Information and Consultation Replies; Support Comments and Objection comments.

8.2     Members considered the application in relation to Policy HD2 of the Local Development Plan, Policy 17 of NPF4 and the Housing in the Countryside SPG and noted the comments of all parties, the submitted drawings and visual presentation and that both the applicant and Case Officer agreed upon the existence of a building group within the river valley to the south and it was the relationship of the site with this group that was in dispute. Members accepted that even allowing for the extant consents, there was capacity to add to the group under Clause A) of Policy HD2, however, they did not agree that the application site was part of that group as it was not within the river valley enclosing the group.  Members were of the opinion that as the four consented houses were not in existence at this stage, they could not be taken into consideration.  In terms of the conflict between the proposed houses and the agricultural building to the north of the site it was noted that the building was used for storage of poultry manure and taking into account all submissions and noting the concerns from the objector, Case Officer and Environmental Health over residential amenity issues caused by odour and flies, the Review Body did not consider that the site was appropriate for housing on the basis of likely incompatibility of uses and close proximity between houses and the agricultural building.

              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 further procedure;

(c)     the proposal would be contrary to Policies HD2 (Housing in the Countryside), PMD2 (Quality Standards) and HD3 (Protection of Residential Amenity) of the Local Development Plan 2016, Policy 17 of NPF4 and the New Housing in the Borders Countryside Supplementary Planning Guidance 2008 as the erection of dwellinghouses at this location would be poorly related to an established building group and would be incompatible with neighbouring farm uses, with a reasonable likelihood of unacceptable residential amenity impacts arising for the future occupants of the proposed dwelling units. Other material considerations do not justify a departure from the development plan in this regard.

(d)     that the Officer’s decision to refuse the application be upheld and varied and the application be refused, for the reasons detailed in Appendix II to this Minute.