Agenda item
Consider request to review refusal in respect of the Erection of dwellinghouse on Plot C, Land West of Hedgehope Cottage, Winfield, Berwick-Upon-Tweed - 23/00037/RREF
Minutes:
REVIEW OF 23/00037/RREFREVIEW OF 23/00037/RREF
5.1 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 at Plot C, Land West of Hedgehope Cottage, Winfield, Berwick-Upon Tweed. The supporting papers included a) the Notice of Review (including the Decision Notice and Officer’s Report) and b) List of Policies.
5.2 The Review Body noted that the application sought consent in principle for the erection of a dwellinghouse on a site located at the corner of an existing field which was accessed via a minor public road which connected Sunwick and Fishwick. Members agreed that a building group was not identifiable at the location and 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. 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 HD2 (Housing in the Countryside) and ED10 (Protection of Prime Quality Agricultural Land and Carbon Rich Soils) of the Local Development Plan 2016, the National Planning Framework 4 policies 5 (Soils), 9 (Brownfield, Vacant and Derelict Land and Empty Buildings) and 17 as it would result in the permanent loss of greenfield, prime quality agricultural land without any necessary exceptional justification. The conflict with the development plan was not overridden by any other material consideration. The proposed development was contrary to Local Development Plan 2016
(a) the Officers decision to refuse the application be upheld and varied.
5.1 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 at Plot C, Land West of Hedgehope Cottage, Winfield, Berwick-Upon Tweed. The supporting papers included a) the Notice of Review (including the Decision Notice and Officer’s Report) and b) List of Policies.
5.2 The Review Body noted that the application sought consent in principle for the erection of a dwellinghouse on a site located at the corner of an existing field which was accessed via a minor public road which connected Sunwick and Fishwick. Members agreed that a building group was not identifiable at the location and 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. 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 HD2 (Housing in the Countryside) and ED10 (Protection of Prime Quality Agricultural Land and Carbon Rich Soils) of the Local Development Plan 2016, the National Planning Framework 4 policies 5 (Soils), 9 (Brownfield, Vacant and Derelict Land and Empty Buildings) and 17 as it would result in the permanent loss of greenfield, prime quality agricultural land without any necessary exceptional justification. The conflict with the development plan was not overridden by any other material consideration. The proposed development was contrary to Local Development Plan 2016
(b) the Officers decision to refuse the application be upheld and varied.
Supporting documents:
- Decision Notice - Plot C LandWest Hedgehope Cott, item 6. PDF 131 KB
- NOR 1 - NOTICE_OF_REVIEW_FORM, item 6. PDF 59 KB
- NOR 2 - REVIEW_SUMMARY_OF_DOCUMENTS, item 6. PDF 38 KB
- NOR 3 - NOTICE_OF_REVIEW_APPEAL_STATE, item 6. PDF 250 KB
- NOR 4 - PPP_APPLICATION_FORM, item 6. PDF 66 KB
- NOR 5 - PPP_SUPPORTING_STATEMENT-3829866, item 6. PDF 1 MB
- NOR 6 - REPORT_OF_HANDLING, item 6. PDF 113 KB
- NOR 7 - DECISION_NOTICE-3829861, item 6. PDF 63 KB
- NOR 8 - LOCATION_PLAN-3829862, item 6. PDF 420 KB
- NOR 9 - RURAL_LOCATION_PLAN, item 6. PDF 776 KB
- NOR 10 - CONTAMINATED_LAND_CONSUL, item 6. PDF 43 KB
- NOR 11- ARCHAEOLOGY_CONSULTEE_RESPONSE, item 6. PDF 174 KB
- NOR 12 -ROADS_PLANNING_CONSULTEE_RESPONSE, item 6. PDF 615 KB
- NOR 13 - SCOTTISH_WATER_CONSULTEE_RESP, item 6. PDF 202 KB
- Item 7(b) - Policy List, item 6. PDF 113 KB