6.1 MOTION by JANE S MAITLAND seconded by DAVID J McKIE to uphold the decision of the Appointed officer and the application be REFUSED on the grounds that the proposal is contrary to Dumfries and Galloway Local Development Plan Policy IN7 (Flooding and Development) and Scottish Planning Policy in that it has not been demonstrated that the development would not lead to an unacceptable flood risk.
6.2 AMENDMENT by DAVID JAMES seconded by DOUGLAS FAIRBAIRN to reverse the decision of the Appointed officer and APPROVE the proposal as an exception to policy on the grounds that this is infill development and would add no further flooding risk than the present situation subject to conditions: (1) C107: Visibility - Minor Access, (2) C115: Access Gradients (dwellinghouse) (access) (5) (8) (12.5); (3) C121: Approved Car Parking to be provided - prior to occupation (dwellinghouse), (4) C132: Footway Construction - prior to completion (dwellinghouse) (1.8 (U559w); (5) C134: Surfacing of vehicle access - prior to occupation (dwellinghouse) (5) (access) (U559w); (6) C144: Dwellinghouse - composite requirements (Access to existing road) and (7) a requirement that the development would be built in compliance with approved plans.
6.3 On a vote being taken by roll call, Members voted as follows:
Motion - 2 votes being:
David J McKie and Jane S Maitland.
Amendment - 2 votes being:
Douglas Fairbairn and David James.
There being an equality of votes, the Chairman exercised his right to a casting vote which fell in favour of the Motion.
6.4 that the Local Review Body had sufficient information before it to enable it to determine the review; and
6.5 having considered the terms of the Notice of Review before them, and all other relevant associated documents in the review papers, AGREED to uphold the decision of the Appointed Officer that the application be REFUSED on the grounds that:
The proposal is contrary to Dumfries and Galloway Local Development Plan Policy IN7 (Flooding and Development) and Scottish Planning Policy in that it has not been demonstrated that the development would not lead to an unacceptable flood risk.
DISSENT - Doug Fairbairn requested that his dissent be recorded in respect of the above decision at 6.4 having failed to secure a seconder for the motion to defer consideration for a further written submission from Dumfries and Galloway Councils Flood Risk Management Team on the 2011 flooding event with regard to the nature of the flooding which was referred to in the papers together with an indication of flooding at other times.