Agenda item

Copies of the following papers attached:-

          REVIEW 22/00005/RREF

6.1     There had been circulated copies of a request from Mr Alan Hislop, 100 Abbotseat, Kelso to refuse the planning application in respect of the erection of Boundary fence (retrospective) at 100 Abbotseat, Kelso.  The supporting papers included the written submissions from the Planning Officer and Applicant in respect of NPF4; Notice of Review (including the Decision Notice and Officer’s Report); papers referred to in the Officer Report; Support Comment; Consultation Replies and list of policies.

6.2     Members noted that it was unfortunate that the works had taken place and the application was retrospective. Members noted that the garden ground was previously enclosed by hedging and that some hedging had been retained elsewhere on the boundary on the opposite side of the gate. The Review Body noted that the rear garden ground was small and overlooked by neighbours and this impacted on its amenity. Members considered that it was important for the property to benefit from improved amenity space and this had to be balanced against any potential harm to the visual amenity of the area. The Local Review Body further noted that the plots mutual boundary with No 2 Abbotseat was separated by a taller timber fence which was visible from the street. The fence was judged to be visually bold but had been designed to a high quality and it was noted that it did not pose any harmful impacts on the residential amenity of any neighbouring properties and that it did not result in any road safety issues.

VOTE

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

Councillor Scott, seconded by Councillor Small moved as an amendment that the officer’s decision be upheld and the application approved.

On a show of hands Members voted as follows:-

Motion             - 7 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)     NPF4 Policies did not alter their conclusion.

(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.