Agenda item
Appeals and Reviews
Consider Briefing Note by Chief Planning and Housing Officer. (Copy attached.)
Minutes:
3.1 There had been circulated copies of a briefing note by the Chief Planning and Housing Officer on Appeals to the Scottish Ministers and Local Review.
3.2 The Chair advised that two appeal decisions received were upheld. Those Committee decisions were made against the officer’s recommendations and that, while the Committee was within its right to have done so, the Chair was of the opinion that in future the Committee must ensure there was robust reasoning in decision-making. The Chair discussed the matter and possible training with the Director Corporate Governance and noted that if there was consistency in the Committee overturning officers’ decisions and appeals being subsequently upheld by the reporter, it may cause the Council reputational damage. The Committee were advised that there should be clarity in the reasons why the Committee refuse planning applications.
DECISION
NOTED that:
(a)
Appeal decisions had been received in respect
of:
(i)
Erection of dwellinghouse, Land Adjacent Rose
Cottage, Maxwell Street, Innerleithen – 22/01993/FUL –
reporter’s decision: sustained;
(ii)
Installation of communication lattice tower 35m
high c/w headframe on new 6.5m x 6.5m RC concrete base and
associated ancillary works, Land at Menzion Forest Block, Quarter Hill, Tweedsmuir
– 23/00777/FUL – reporter’s decision:
sustained;
(b)
There remained 2 appeals previously reported on
which decisions were still awaited when the report was prepared on
23 November 2023 which related to sites at:
· Land East of Kirkwell House, Preston Road, Duns |
· 2 Gladstone Street, Hawick |
(c)
Review requests had been received in respect
of:
(i)
Change of use of derelict agricultural building
and extension to form dwellinghouse and erection of 17.8m high wind
turbine (tip height), The Blue House Near Swansfield Farm, Reston, Eyemouth –
23/00262/FUL;
(ii)
Erection of dwellinghouse, Land North of Ivanhoe,
Dingleton Road, Melrose –
23/00492/PPP;
(iii)
Change of use from amenity land to garden ground,
58 Waldie Griffiths Drive, Kelso – 23/00684/FUL;
(iv)
Erection of dwellinghouse, Land South of 1 Old
Edinburgh Road, Eddleston – 23/00844/FUL;
(v)
Erection of boundary fence (retrospective), 24 -
1 Ettrick Terrace, Hawick – 23/00847/FUL;
(vi)
Erection of dwellinghouse, Garden Ground of
Glenbield, Redpath –
23/01014/FUL;
(d)
The following reviews had been determined as
shown:
(i)
Demolition of stable and erection of
dwellinghouse, Site Adjacent The
Steading Whiteburn Farm, Lauder –
22/01905/FUL – Decision of Appointed Officer
Upheld;
(ii)
Change of use from agricultural land to lorry
storage yard and erection of building, Land East of Unit 3 Croft
Park Industrial Estate, Morebattle,
Kelso – 23/00553/FUL – Decision of Appointed Officer
Overturned (Subject to Conditions);
(iii)
Erection of dwellinghouse, Garden Ground of
Cheviot View, Eden Road, Gordon – 23/00716/FUL –
Decision of Appointed Officer Overturned (Subject to Conditions and
a Legal Agreement);
(e)
There remained 1 review previously reported on
which a decision was still awaited when the report was prepared on
23 November 2023 which related to a site at U-Stor Business Units, Spylaw Road, Kelso.
(f) There remained one Section 36 Public Local Inquiry previously reported on which a decision was still awaited when the report was prepared on 23 November 2023 which related to a site at Land West of Castleweary (Faw Side Community Wind Farm), Fawside, Hawick.
Supporting documents: