Agenda item
Consider request to review refusal in respect of the Erection of dwellinghouse on Land South of 1 Netherwells, Jedburgh - 23/00036/RREF
Minutes:
3. CONSIDER REVIEW OF 23/00036/RREF
3.1 There had been circulated copies of a request from Mr Peter Caunt per Ferguson Planning, 54 Island Street, Galashiels to review the decision to refuse the planning application in respect of the erection of a dwellinghouse on Land South of 1 Netherwells, Jedburgh. The supporting papers included a) Notice of Review (including the Decision Notice and Officer’s Report); b) Consultation Replies; c) Objections and d) List of Policies.
3.2 The Planning Advisor drew attention to new evidence submitted with the Notice of Review documentation in the form of 3D visualisations of the proposed development x 3 and Site Plan showing where the viewpoints were taken from, 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 not material to the determination of the review. It was therefore agreed that the new information be rejected and the application in terms of Option A be determined without further procedure.
3.3 Members accepted that there was an identifiable building group at Netherwells which consisted of more than three residential properties and were satisfied that the building group had numerical capacity within the current local development plan period. The Local Review Body noted third party representations were concerned with the road safety implications associated with the additional vehicle movements generated by the proposed application and agreed with the Councils Roads Planning Service that the existing road network would have the capacity to safely accommodate the traffic movements associated with this development. After considering all relevant information, the Local Review Body concluded that the development was contrary to the Development Plan and that there were no other material considerations that would justify departure from the Development Plan.
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 policy PMD2 of the Local Development Plan 2016, the SPG on Placemaking and Design and Policy 17 of NPF4 as the poor-quality design of the development would not be compatible with or sympathetic to the character and visual amenity of the surrounding area.
(d) the officer’s decision to refuse the application be upheld and the reason for refusal varied.
Supporting documents:
- Land South of 1 Netherwells Jed - Decision Notice - Dated, item 3. PDF 133 KB
- NOR 1 - NOTICE_OF_REVIEW_FORM-3826962, item 3. PDF 83 KB
- NOR 2 - REVIEW_SUMMARY_OF_DOCUMENTS-3826951, item 3. PDF 38 KB
- NOR 3 - CD1_APPEAL_STATEMENT-3826952, item 3. PDF 3 MB
- NOR 4 - CD2_LOCATION_PLAN-3826953, item 3. PDF 381 KB
- NOR 5 - CD3_SITE_PLAN-3826954, item 3. PDF 706 KB
- NOR 6 - CD4_HOUSE_ELEVATIONS-3826955, item 3. PDF 812 KB
- NOR 7 - CD5_SITE_SURVEY-3826956, item 3. PDF 716 KB
- NOR 8 - CD6_ROADS_PLANNING_CONSULTATION-3826957, item 3. PDF 102 KB
- NOR 9 - CD7_REPORT_OF_HANDLING-3826958, item 3. PDF 213 KB
- NOR 10 - CD8_DECISION_NOTICE-3826959, item 3. PDF 64 KB
- NOR 11 - CD9_OPTION_B_DRAWING_2-3826960, item 3. PDF 198 KB
- NOR 12 - CD9_OPTION_B_DRAWING-3826961, item 3. PDF 372 KB
- Item 6(a) - 23_00331_FUL_-_APPLICATION_FORM-3829374, item 3. PDF 70 KB
- Item 6(b) - 23_00331_FUL_-_CONSULTATION_REPLIES-3829373, item 3. PDF 328 KB
- Item 6(c) - 23_00331_FUL_-_OBJECTIONS-3829372, item 3. PDF 684 KB
- Item 6(d) - Policy List, item 3. PDF 102 KB