Agenda item

Copies of the following papers attached:-

          REVIEW 22/00007/RREF

7.1     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 Peter Newell, The Miller’s House, Scotsmill, Kailzie, Peebles to review the decision to refuse the planning application in respect of the formation of access and boundary fence at the Miller’s House, Scotsmill, Kailzie, Peebles.  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’s report; Consultation Replies; Objections and list of policies.

7.2     The Planning Advisor drew attention to new evidence submitted with the Notice of Review documentation regarding the access to the site, in the form of a revised plans GD L (9) P101C – Site Location Plan (Block Plan) and GD L (9) P102C – Site Layout 1-200 (Block Plan) which had been submitted with the review but which had not been before the Appointed Planning Officer at the time of determination. The Review Body considered that the new evidence met the test set out in Section 43B of the Town and Country Planning (Scotland) Act 1997, and that this new information was material to the determination of the review. It was therefore agreed that there was a need for further procedure in the form of written submissions to afford the Planning Officer and Roads Officer the opportunity of assessing this new evidence and submitting their views.

              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 revised plans          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 and Roads Officer be given the opportunity to comment on the new evidence submitted with the Notice of Review;

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