Agenda item

2.       REVIEW OF 23/00012/RREF

2.1     There had been circulated copies of a request from Mr Ian Swann, per MAKAR Ltd, Clachandreggy, Dores Road, Torbreck, Inverness to review the planning application in respect of the erection of dwellinghouse on Land West of the Old Barn, Westwater, West Linton.  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); Additional Information and Consultation Replies.

2.2     The Planning Advisor drew attention to new evidence submitted with the Notice of Review documentation in the form of a comparative section with nearby property; a plan of the building group; detailed Landscape proposal; Privacy Diagram and responses from the SBC Tree Officer and a Tree Consultant 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 anyone he wished to consult with, the opportunity of assessing this new evidence and submitting their views.

          DECISION

          AGREED:-

(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 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.