Agenda item

REVIEW OF 23/00048/RREF

          There had been circulated copies of a request from Rivertree Residential Ltd c/o Aitken Turnbull Associates, 5 Castle Terrace, Edinburgh to review the decision to refuse the planning application in respect of the erection of a dwellinghouse on Land North of Ivanhoe Road, Melrose.  The supporting papers included the Notice of Review (including the Decision Notice and Officer’s Report; Additional Information; Further Representations and Applicant’s Response; Objections and List of Policies.

1.2       The Review Body noted that the proposal was for the erection of a single dwellinghouse on land North of Ivanhoe, Dingleton Road, Melrose. The LRB also noted that they previously refused permission for appeal 22/00015/RONDT which sought permission for two houses on this site primarily on grounds that the development would result in the loss of existing trees within the site, to the detriment of the character and visual amenity of the surrounding area with insufficient space left for adequate compensatory planting.

1.3       Members considered the application against Policies PMD2 and PMD5 of the Local Development Plan and Policies 14 and 16 of NPF4. They accepted that the site was within the settlement boundary of Melrose and may present an infill opportunity. They recognised that the site was still part of the overall housing allocation EM32B in the Local Development Plan, albeit shown on the Settlement Proposals Map as part of the structure planting and landscaping within that land allocation, reflecting the fact that the site contained orchard trees protected by SBC TPO 21. The key issue was whether the site had the capacity to accommodate the revised proposal for a single house without adversely affecting the protected trees in a manner which would allow the site to be developed without harming the amenity of the surrounding area.

1.4       Following consideration of 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.  Consequently, the application was refused.

          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 would be contrary to policy 6 of the National Planning Framework 4 and policies EP10 and EP13 of the Scottish Borders Local Development Plan 2016 and SBC Supplementary Planning Guidance: Trees and Development 2020.

(d)       the Officer’s decision to refuse the planning application be upheld, for the reasons detailed in Appendix I to this Minute.