A family of Londoners have taken their bid to build a home on the former Linthill House estate to the council’s local review body.

Archie, Helen and Hugh Shaw-Stewart, who live in the Notting Hill area of London, had their application to build a home on land to the south of Linthill Country House, near Midlem, rejected, despite previously having permission to build a house there which they allowed to expire.

Council planning officers rejected the plans as they say it constitutes a new building in the countryside, but the Shaw Stewarts and their agent, Edinburgh-based Farmingham Planning, contest that a house stood there until the 1950s.

Subsequently, the Shaw Stewarts took their application to Scottish Borders Council’s local review body, who met on Monday 19 November to deliberate on the proposals.

Galashiels councillor Andy Anderson spoke in favour of granting permission: “This does seem to hinge on the fact there was a dwelling house here in the past.

“If this is overturned, we need to be clear it is because it’s a replacement building.

“I think it’s unfortunate the Shaw-Stewarts let their previously granted planning permission for this site lapse, and it shows that policies do change over time.

“There was a building here in the past so I believe we should overturn the planning officers’ decision.”

On the other hand, fellow Galashiels councillor Sandy Aitchison felt that allowing houses to be built where a structure stood previously would set an unwanted precedent: “I agree with officers here. The wording of the building policy is not vague or ambiguous in any way.

“This is a policy which was recently written and therefore I agree with officers.

“All over Scotland there are places where there were buildings, but here we’ve got no photographs. There is absolutely no evidence of there having been a building here.

“With respect, people could say this about any planning application that we debate. There is no evidence to overturn the officer’s decision.”

Following their deliberation, councillors voted three to two in favour of granting permission to the Shaw-Stewarts, with local review body chair councillor Tom Miers abstaining.