Agenda item

2.       REVIEW OF 23/00034/RREF

2.1     There had been circulated copies of a request from U-Stor Business Units Ltd per Ray Cherry, Hillmount Cottage, Main Street, Birgham to review the planning application in respect of a proposed change of use for Units 8 -2 and 8-3 to mixed use to include classes 1 and 10 at U-Stor Business Units, Spylaw Road, Kelso.  The supporting papers included a) the Notice of Review (including the Decision Notice and Officer’s Report); b) Papers referred to in the Officer’s Report; c) Additional Information; d) Consultation Replies; e) Support Comments, f) Objections; g) further representations and h) List of Policies. The Planning Adviser drew attention to information on the available retail space within the Unit, which had been submitted with the Notice of Review but which had not been before the Appointed Officer at the time of determination. Members agreed that the information was new but considered that it met the Section 43B test, was material to the determination of the Review and could be considered. However, they also agreed that the matter could not be considered without enabling the Planning Officer and Economic Development Service to respond to the information on the available retail space within the Unit. Members, therefore, agreed that the application be continued for further procedure in the form of written submission to seek comments from the Planning Officer and Economic Development.

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 amended retail space calculations 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 not be considered without the need for further procedure in

the form of written submissions;

(d)       the Planning Officer and Economic Development Service be given the opportunity to comment on the amended retail space calculations contained within the review papers; and

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