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Local Review Body - Monday, 13th April, 2026 10.00 am
April 13, 2026 at 10:00 am Local Review Body View on council website Watch video of meeting Read transcript (Professional subscription required)Summary
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The Local Review Body considered three planning appeals, upholding the refusal of two applications for new dwellings in the countryside due to concerns about building group capacity and road safety, and deferring a third application for further consideration by officers due to new information.
Review of Refusal: Erection of Dwellinghouse and Associated Services on Land North of North Corner House, Carfraemill
The Local Review Body upheld the appointed officer's decision to refuse planning permission for a dwellinghouse and associated services on land north of North Corner House at Carfraemill. The primary reasons for refusal were the lack of capacity within the Carfraemill building group for additional housing, as defined by Policy HD2 of the Local Development Plan (LDP), and concerns regarding pedestrian connectivity and the high dependency on private vehicles, contrary to Policies PMD1, PMD2 of the LDP and Policy 13 of the National Planning Framework 4 (NPF4).
The appointed officer, Kyle Wise, presented the case, explaining that the Carfraemill building group was considered to comprise 12 units, and recent approvals had already reached the LDP's threshold for new dwellings. While the applicant argued for a broader definition of the building group to include properties at Boghall, the appointed officer maintained that these were distinct groups separated by natural and man-made boundaries. Councillors debated the definition of the building group, with the consensus leaning towards the appointed officer's interpretation of separate groups. The issue of road safety and connectivity was also discussed, with some councillors noting the precedent set by a previous approval for three dwellings on the opposite side of the road, while others, including Councillor Donald Moffat and Councillor Marshall Douglas, agreed with the appointed officer's assessment that the road infrastructure was unsuitable for further development. Ultimately, the committee voted unanimously to uphold the officer's recommendation, dismissing the appeal.
Review of Refusal: Erection of Dwellinghouse and Associated Access on Land at Greenriggs, Greenlaw
The Local Review Body upheld the appointed officer's decision to refuse planning permission for a dwellinghouse and associated access on land at Greenriggs, Greenlaw. The refusal was based on the grounds that the proposal would not support a sufficiently established business with a clear operational requirement for a worker to live on-site, leading to an unjustified loss of prime quality agricultural land. Additionally, the design and appearance of the dwellinghouse were considered not to respect the character of the rural area, contrary to LDP policies PMD2 and HD2, and NPF4 policies 5, 14, 16, and 17.
Kyle Wise, the appointed officer, outlined the reasons for refusal, emphasizing the lack of an established business and the loss of prime agricultural land. Councillors, including Councillor Donald Moffat and Councillor Neil Richards, expressed agreement with the officers' assessment, noting the lack of mitigating factors and the importance of protecting prime agricultural land. Councillor Aileen Orr highlighted concerns about the dangerous road junction and the dwelling's appearance in the countryside. Councillor Marshall Douglas and Councillor Eric Small also supported upholding the officer's decision, emphasizing that the business's viability and the essential need for on-site accommodation had not been sufficiently demonstrated. The committee reached a consensus to uphold the officer's decision, refusing the appeal.
Review of Refusal: Erection of Dwellinghouse and Detached Garage on Land East of Roundel Station Road, Gordon
The Local Review Body decided to defer the review of the refusal for a dwellinghouse and detached garage on land east of Roundel Station Road, Gordon. This decision was made because new information had been submitted by the applicant that was pertinent to the reasons for refusal, specifically concerning the Section 43B test under the Town and Country Planning (Scotland) Act 1997.
Kyle Wise, the appointed officer, explained that the new information related to the applicant's arguments regarding the building group, landscape impacts, and soil quality. The legal colleague clarified that the members would need to determine whether this material should be admitted. Councillor Neil Richards suggested that a site visit would be beneficial, but Councillor Simon Mountford, the Chair, expressed reluctance due to officer capacity constraints. The committee agreed to defer the appeal for further consideration by the case officer, with the understanding that it would be brought back to a future meeting, likely the June meeting. Councillor Moffat's suggestion of a site visit was not pursued on this occasion.
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