Agenda item

.         REVIEW OF 23/00039/RREF

7.1     There had been circulated copies of a request from Aver Chartered Accountants per Bidwells, Broxden House, Lamberkine Drive, Perth to review the decision to refuse the planning application in respect of the erection of dwellinghouse on Land Northeast of Alba Cottage, Fishwick, Berwick-Upon-Tweed. The supporting papers included a) the Notice of Review (including the Decision Notice and Officer’s Report); c) additional Information and c) List of Policies.

7.2     The Review Body noted that hardcore had been laid and stanchions erected in relation to previous works at the site. The members considered the proposals against development plan policy provisions covering rural housing and brownfield land, principally Policies HD2 and ED5 of the LDP and Policies 9 and 17 of NPF4 as well as the SPG on Housing in the Countryside and noted that a building group of at least three existing houses was not identifiable at the location. The proposal was not determined to represent a rural housing development which complied with Building Group addition policy requirement of Policy HD2. Members considered the proposal against all other sections of Policy HD2 and concluded that the development failed to comply with any of the forms of rural housing development promoted by Policy HD2 of the LDP.

7.3     The Local Review Body noted that part of the reason the application was refused was due to its car dependency as a result of its rural location which was perceived to be unsustainable. Members accepted that the development would generate vehicle movements. However, the number of movements would not be disproportionate to the number of vehicle movements associated with other housing developments within rural parts of the Scottish Borders. Members determined that ‘car dependency’ concerns should be removed from the reason for refusal.

              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 development was contrary to policies 1, 2 and 17 of National Planning Framework 4 and PMD1 and HD2 of the Local Development Plan 2016 because it would constitute unsustainable, sporadic housing development in the open countryside, unrelated to any existing building group and would be out of keeping with the character of the area. This conflict with the development plan was not overridden by any other material considerations.

(d)       the Officers decision to refuse the application be upheld.