Agenda Document Pack - Local Review Body - 23/03/2026
Midlothian Council · 23 March 2026
Back to Local Review Body — 23 March 2026 and its agenda
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Notice of Meeting and Agenda Local Review Body Venue: Normandy Court/ Hybrid, Normandy Court, 20 Normandy Dr, Dalkeith, EH22 1JG Date: Monday, 23 March 2026 Time: 13:00 Executive Director : Place Contact: Clerk Name: Democratic Services Clerk Telephone: Clerk Email: democratic.services@midlothian.gov.uk Further Information: This is a meeting which is open to members of the public. Privacy notice: Please note that this meeting may be recorded. The recording may be publicly available following the meeting. If you would like to know how Midlothian Council collects, uses and shares your personal information, please visit our website: www.midlothian.gov.uk Page 1 of 152
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1 Welcome, Introductions and Apologies 2 Order of Business Including notice of new business submitted as urgent for consideration at the end of the meeting. 3 Declaration of Interest Members should declare any financial and non-financial interests they have in the items of business for consideration, identifying the relevant agenda item and the nature of their interest. 4 Minute of Previous Meeting 4.1 Minute of Local Review Body meeting of 2 February 2026 submitted for approval 3 - 8 5 Public Reports Notice of Reviews - Determination Reports by Chief Officer Place 5.1 25/00519/DPP - Land adjacent to 103 Lothian Street, Bonnyrigg 9 - 40 5.2 25/00190/DPP – Armadilla, Whitehill Road, Rosewell 41 - 94 5.3 25/00377/PPP - Land to Northeast of Fallhills Farmhouse, Penicuik 95 - 118 5.4 25/00163/DPP - Land at Mossbank, 30 Howgate, Penicuik 119 - 152 6 Private Reports No items for discussion 7 Date of Next Meeting The next meeting will be held on Monday 11 May 2026. Plans and papers relating to the applications on this agenda can also be viewed at https://planning-applications.midlothian.gov.uk/OnlinePlanning Page 2 of 152
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INTERNAL USE ONLY DRAFT BY/DATE: REVIEW BY/DATE: 1-993 Minute of Meeting Local Review Body Monday 23 March 2026 Item No 4.1 Local Review Body Date Time Venue Monday 2 February 2026 13.00 Normandy Court/MS Teams Present: Councillor Milligan (Chair) Councillor Alexander (Virtual) Councillor Bowen (Virtual) Councillor Cassidy Councillor McEwan Councillor McManus (Virtual) Councillor Parry (Virtual) Councillor Smaill In attendance: Peter Arnsdorf, Head of Placemaking and Chief Planning Officer Hannah Forbes, Democratic Services Officer Maria Perez, Democratic Services Officer 1. Welcome and Apologies Democratic Services welcomed everyone to the meeting of the Local Review Body (LRB) and noted that apologies had been received from the Committee Chair, Councillor Imrie. Democratic Services asked the Committee to nominate a Chair for today’s meeting. The Committee unanimously agreed and nominated Councillor Milligan as Chair for today’s meeting of LRB. Apologies were received from Councillor Drummond. 2. Order of Business The order of business is as outlined the agenda. Page 3 of 152
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3. Declaration of Interest The Chair invited the LRB Members to declare their interest at this point or during the discussion of the item in the agenda. Councillor Cassidy declared an interest in relation to agenda item 5.1 due to a family friend connection. Councillor McManus made a transparency statement in connection with agenda item 5.1, explaining they were approached by an objector but declined to take a view on the matter. Councillor Smaill made a transparency statement regarding agenda item 5.2 as the the Chair of Tynewater Community Council had approached Councillor Smaill on this matter however Councillor Smaill declared no view. Councillor Cassidy left the meeting at 1:03pm. 4. Minutes of Previous Meeting The Minute of the LRB Meeting of 1 December 2025 was approved as a correct record by Councillor McEwan, seconded by Councillor Bowen. 5. Reports and Items for Discussion Report No. Report Title Presented by: 5.1 25/00414/DPP - Land East of 19 Cairnbank Road, Penicuik Head of Placemaking and Chief Planning Officer The Head of Placemaking and Chief Planning Officer presented the report for determination. The purpose of this report is to provide a framework for the Local Review Body (LRB) to consider a ‘Notice of Review’ for the erection of three dwellinghouses, engineering works and associated works at land east of 19 Cairnbank Road, Penicuik. It is recommended that the LRB: a) determine the review; and b) the planning advisor draft and issue the decision of the LRB through the Chair LRB Members conducted a site visit today. The review will be carried out by way of written submissions. There were seven consultation responses, and three representations received objecting the application. Councillor McManus discussed the application highlighting the restrictive access to the site and noting there is shared ownership of the private lane. It was also noted the report states that one of the objectors with a severely disabled child lives opposite the proposed site. Councillor McManus raised the Historic Environment 1: Listed Buildings Policy (HE1), this policy protects local historical Page 4 of 152
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sites. The watercourse, known locally as the mill stream, runs through the site with the proposal to remove the stream. The Head of Placemaking and Chief Planning Officer was asked if the HE1 Policy covers the proposed removal and why this has not been mentioned. The Head of Placemaking and Chief Planning Officer confirmed the stream is a historical feature but, as it does not have listed status, it would not require actions such as archaeological works or recording in terms of the policy. It is a material consideration therefore the Officers did not trigger that being a reason for refusal. However, this is a consideration when assessing the application. The discussion continued and Councillor Alexander shared her concerns for the wildlife and noted that due to the amount of biodiversity held in this area this would be a great loss. The condition of the road was highlighted, it is not in the best condition and the amount of traffic that will be using the road raises another concern. Councillor McEwan discussed the site visit prior todays visit noting the application has now been reduced to 3 properties using more meaningful materials. Although the road to the development is a problem it was noted other properties on the site have been granted planning permission. Councillor McEwan moved to grant the planning application. Councillor McManus noted the other properties that have been granted planning permission are being developed on a flatter area to create a site environment. It was felt that this application does not provide that luxury. Councillor McManus moved to uphold the Officers decision and refuse planning permission, Councillor Alexander seconded the motion to refuse planning permission. Councillor McEwan conceded due to not having a seconder, however noted the poor conditions of the road is down to the landowners that share the road. It was thought that this development would have brought improvements to the road. Decision LRB determined to uphold the decision of the Planning Department and refuse planning permission. Action Planning Advisor will prepare a decision notice for issuing through the Chair of the LRB. Report No. Report Title Presented by: 5.2 25/00443/DPP - 39 Main Street, Pathhead Head of Placemaking and Chief Planning Officer The Head of Placemaking and Chief Planning Officer presented the report for determination. The purpose of this report is to provide a framework for the Local Review Body (LRB) to consider a ‘Notice of Review’ for the installation of an electric vehicle charger at 39 Main Street, Pathhead. LRB Members conducted a site visit today. It is recommended that the LRB: Page 5 of 152
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a) determine the review; and b) the planning advisor draft and issue the decision of the LRB through the Chair The review will be carried out by way of written submissions. There were two consultation responses and no representations received. As part of the review process the interested parties were notified of the review and no additional comments have been received. LRB Members had an extensive discussion on the potential location of the electric vehicle charger. Concerns were highlighted regarding the area of the property and whether the parked car would coincide with the legislation banning parked cars on pavements. After the site visit to the property, it became apparent that the vehicle would be parked on the tarred area of the path and that land is owned by the occupant of the property. It was further stated that with the vehicle parked on the pavement there is still ample room for pedestrians to use the footpath. Councillor McEwan moved to uphold the appeal. The Chair reminded members of LRB that the tarred area of the pathway is private property however, it is looked at as part of the highway owned by Transport Scotland. Councillor Smaill added that he would second Councillor McEwan on upholding the appeal with the amendment to the vehicle only being parked on the tarmac while charging and the charging cable to not cross over the public footpath as this will cause a trip hazard. The Head of Placemaking and Chief Planning Officer clarified that it would be difficult to ensure this planning condition is being controlled as this would be relying on someone to check that the applicant is following this condition. Councillor Smaill moved an amendment to only grant planning permission to the private land outside the property owned by the occupant and to ensure the cable does not cross the public footpath. Councillor Bowen seconded the amendment. The Head of Placemaking and Chief Planning Officer confirmed to LRB members that the path is part of the public highway, with the ownership being a secondary issue. It was noted that, in theory this does breach the Councils policy for not parking on pavements, however there is the anomaly of this application where the property owner owns a piece of land that is now part of the formal highway. The Head of Placemaking and Chief Planning Officer made reference to section 4.6 on page 75 of the agenda pack which states that if planning permission is granted today, it firstly needs to be referred to Transport Scotland. It was lastly clarified that if LRB Members are minded to grant planning permission the Head of Placemaking and Chief Planning Officer would create a condition to capture the concerns of the vehicle only being charged on the private land outside the property. Councillor Alexander queried who would have legal liability in the event a pedestrian trips over the wire, and what could the consequences be. Councillor Page 6 of 152
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Alexander suggested that more information from Legal Services may be necessary to determine this matter. Councillor McEwan asked the Head of Placemaking and Chief Planning Officer what the alternative was for this applicant if the planning permission was not granted today. The Head of Placemaking and Chief Planning Officer acknowledged that there is a challenge to how electric vehicles are charged, however the alternative for the owner of an electric vehicle who does not have the appropriate space or land to charge their vehicle at their property would be to charge their car commercially. Councillor Smaill stated that Transport Scotland have been permitting cars in this area to park on the paved area for many years with no concern, therefore moved to approve planning permission subject to the condition of the wire always being used on the tarmac area outside the property. Councillor McEwan seconded the motion with the amendment proposed by Councillor Smaill. Councillor Alexander noted her reservations on the application and asked to have legal counsel on the liability for any trip hazards, therefore moved to continue the paper until further such advice can be given. There were no seconders for this motion. LRB Members requested to have the Council’s Legal Department’s position on the matter of parking and electric charging in Pathhead as a separate matter. The Chair noted the decision by LRB Members to grant planning permission subject to the condition of the electric charging wire always being used on the tarmac area outside the property and the request that a paper be circulated to LRB Members informing them of the Council Legal Department’s position regarding parking and electric charging in Pathhead. Decision LRB determined to uphold the appeal and grant planning permission subject to the amendment of the electric charging wire always being used on the tarmac area outside the property. Action Planning Advisor will prepare a decision notice for issuing through the Chair of the LRB. The Head of Placemaking and Chief Planning Officer to circulate a paper to LRB Members on Legal Services’ position regarding the parking and electric charging in Pathhead. 6. Date of next meeting The meeting concluded at 13.33pm. The next meeting of the LRB is scheduled for Monday 23 March 2026. Page 7 of 152
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Local Review Body Monday 23 March 2026 Item No 5.1 Notice of Review: Land adjacent to 103 Lothian Street, Bonnyrigg Determination Report Report by Chief Officer Place 1 Purpose of Report 1.1 The purpose of this report is to provide a framework for the Local Review Body (LRB) to consider a ‘Notice of Review’ for the formation of car park and associated works at land adjacent 103 Lothian Street, Bonnyrigg. 2 Background 2.1 Planning application 25/00519/DPP for the formation of car park and associated works at land adjacent 103 Lothian Street, Bonnyrigg was refused planning permission on 19 December 2025; a copy of the decision is attached to this report. 2.2 The review has progressed through the following stages: 1 Submission of Notice of Review by the applicant. 2 The Registration and Acknowledgement of the Notice of Review. 3 Carrying out Notification and Consultation. 3 Supporting Documents 3.1 Attached to this report are the following documents: • A site location plan (Appendix A); • A copy of the notice of review form and supporting statement (Appendix B). Any duplication of information is not attached; • A copy of the case officer’s report (Appendix C); • A copy of the decision notice, excluding the standard advisory notes, issued on 19 December 2025 (Appendix D); and • A copy of the key plans/drawings (Appendix E). 3.2 The full planning application case file and the development plan policies referred to in the case officer’s report can be viewed online via www.midlothian.gov.uk. 4 Procedures 4.1 In accordance with agreed procedures, the LRB: Page 9 of 152
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• Have determined to undertake a site visit (only elected members attending the site visit can participate in the determination of the review); and • Have determined to progress the review by written submissions. 4.2 The case officer’s report identified that there were two consultation responses, and 15 representations received (objections). As part of the review process the interested parties were notified of the review – one new comment (not from one of the original objectors) has been received objecting to the application/review. All comments can be viewed online on the electronic planning application case file. 4.3 The next stage in the process is for the LRB to determine the review in accordance with the agreed procedure: • Identify any provisions of the development plan which are relevant to the decision; • Interpret them carefully, looking at the aims and objectives of the plan as well as detailed wording of policies; • Consider whether or not the proposal accords with the development plan; • Identify and consider relevant material considerations for and against the proposal; • Assess whether these considerations warrant a departure from the development plan; and • State the reason/s for the decision and state any conditions required if planning permission is granted. 4.4 In reaching a decision on the case the planning advisor can advise on appropriate phraseology and on appropriate planning reasons for reaching a decision. 4.5 Following the determination of the review the planning advisor will prepare a decision notice for issuing through the Chair of the LRB. A copy of the decision notice will be reported back to the LRB for noting. 4.6 A copy of the LRB decision will be placed on the planning authority’s planning register and made available for inspection online. 5 Conditions 5.1 In accordance with the procedures agreed by the LRB at its meeting of 20 June 2022, and without prejudice to the determination of the review, the following conditions have been prepared for the consideration of the LRB if it is minded to uphold the review and grant planning permission. 1. The development to which this permission relates shall commence no later than the expiration of three years beginning with the date of this permission. Reason: To accord with the provisions of Section 58 of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning (Scotland) Act 2019). Page 10 of 152
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2. Apart from construction traffic, the site shall not be used for the parking of vehicles until such time as the formation of the vehicular access approved in terms of condition 4 has been completed, the lighting approved in terms of condition 3 has been installed, the cycle parking provision approved in terms of condition 4 has been installed and the car park has been surfaced in accordance with the details shown on the approved proposed site plan, drawing no. AP01 Rev B. Reason: In the interest of road and pedestrian safety. To comply with policy 13 of NPF4 and DEV6 of the Midlothian Local Development Plan in the interests of sustainability. 3. The car park shall include lighting within the site, details of which including specifications of the design, dimensions, lumens, lux levels and the position of which shall be provided to the planning authority, and no work shall commence on the formation of the car park until these details have been approved in writing by the planning authority. Reason: In the interest of road and pedestrian safety. 4. Prior to any work commencing the following information shall be submitted to and approved in writing by the Planning Authority: a) a detailed specification of the vehicular crossing at the car park entrance to include details of any dropped kerbs, and tactile paving; b) detailed specification of the proposed material, design and dimensions of the proposed bike store; c) details of the proposed drainage of surface water; d) details of the position, height, materials and design of any proposed barrier at the car park entrance; and e) a landscape scheme for the site to include a planting schedule of all planting to include details of the location, size, species and number of plants to be planted, the colour finish of the proposed timber planters, and a scaled plan to show planting in relation to sightlines at the vehicular entrance; planting construction details and a maintenance specification and schedule for the planted areas. Reason: In the interest of road and pedestrian safety. To safeguard the visual amenity of the area and biodiversity. To minimise flooding and pollution of watercourses. 5. No trees or existing planting at the site shall be removed until such time as the landscape scheme and subsequent maintenance details as required by condition 4 have been approved in writing by the planning authority. Reason: To safeguard the visual amenity of the area and biodiversity. 6. The scheme of landscaping approved in accordance with condition 4 above shall be completed within six months of the car park either being completed or brought into use, whichever is the earlier date Page 11 of 152
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and thereafter shall be maintained in accordance with the maintenance specification and schedule also approved in terms of condition 4 above. Unless otherwise approved in writing by the planning authority any trees or plants removed, dying, severely damaged or becoming seriously diseased thereafter shall be replaced in the following planting season by trees or plants of a size and species similar to those originally required. Reason: To ensure the landscaping is carried out and becomes successfully established. To safeguard the visual amenity of the area and biodiversity. 6 Recommendations 6.1 It is recommended that the LRB: a) determine the review; and b) the planning advisor draft and issue the decision of the LRB through the Chair Peter Arnsdorf Head of Placemaking Date: 12 March 2026 Report Contact: Ingrid Forteath – Planning Officer Ingrid.Forteath@midlothian.gov.uk Background Papers: Planning application 25/00519/DPP available for inspection online. Page 12 of 152
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Fairfield House 8 Lothian Road Dalkeith EH22 3ZN Tel: 0131 271 3302 Fax: 0131 271 3537 Email: planning- applications@midlothian.gov.uk Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid. Thank you for completing this application form: ONLINE REFERENCE 100741410-001 The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application. Applicant or Agent Details Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting on behalf of the applicant in connection with this application) Applicant Agent Agent Details Please enter Agent details Company/Organisation: Ref. Number: You must enter a Building Name or Number, or both: * First Name: * Building Name: Last Name: * Building Number: Address 1 Telephone Number: * (Street): * Extension Number: Address 2: Mobile Number: Town/City: * Fax Number: Country: * Postcode: * Email Address: * Is the applicant an individual or an organisation/corporate entity? * Individual Organisation/Corporate entity Planning Solutions Edinburgh Nicholas Morris Unit 3 1st Floor Eastfield Business Centre 07960020354 EH26 8EZ Midlothian Penicuik 4c Eastfield Farm Road nicholaspse@gmail.com Appendix B Page 14 of 152
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Applicant Details Site Address Details Mr Luigi Midlothian Council Pia Lothian Street 70-74 EH19 3AQ Land adjacent to 103 Lothian Street Bonnyrigg Scotland 665501 Bonnyrigg 331238 Gigis Restaurant Page 15 of 152
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Description of Proposal Please provide a description of your proposal to which your review relates. The description should be the same as given in the application form, or as amended with the agreement of the planning authority: * (Max 500 characters) Type of Application What type of application did you submit to the planning authority? * Application for planning permission (including householder application but excluding application to work minerals). Application for planning permission in principle. Further application. Application for approval of matters specified in conditions. What does your review relate to? * Refusal Notice. Grant of permission with Conditions imposed. No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal. Statement of reasons for seeking review You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement must set out all matters you consider require to be taken into account in determining your review. If necessary this can be provided as a separate document in the ‘Supporting Documents’ section: * (Max 500 characters) Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce all of the information you want the decision-maker to take into account. You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that time or that it not being raised before that time is a consequence of exceptional circumstances. Have you raised any matters which were not before the appointed officer at the time the Yes No Determination on your application was made? * If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before your application was determined and why you consider it should be considered in your review: * (Max 500 characters) The new application is are-lodgement of the previously determined application ref 25/00361/DPP Please see the attached appeal document included with the submission. Page 16 of 152
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Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters) Application Details Please provide the application reference no. given to you by your planning authority for your previous application. What date was the application submitted to the planning authority? * What date was the decision issued by the planning authority? * Review Procedure The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case. Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other parties only, without any further procedures? For example, written submission, hearing session, site inspection. * Yes No In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion: Can the site be clearly seen from a road or public land? * Yes No Is it possible for the site to be accessed safely and without barriers to entry? * Yes No Checklist – Application for Notice of Review Please complete the following checklist to make sure you have provided all the necessary information in support of your appeal. Failure to submit all this information may result in your appeal being deemed invalid. Have you provided the name and address of the applicant?. * Yes No Have you provided the date and reference number of the application which is the subject of this Yes No review? * If you are the agent, acting on behalf of the applicant, have you provided details of your name Yes No N/A and address and indicated whether any notice or correspondence required in connection with the review should be sent to you or the applicant? * Have you provided a statement setting out your reasons for requiring a review and by what Yes No procedure (or combination of procedures) you wish the review to be conducted? * Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review. Please attach a copy of all documents, material and evidence which you intend to rely on Yes No (e.g. plans and Drawings) which are now the subject of this review * Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice (if any) from the earlier consent. Document submitted in support of the appeal. 25/00519/DPP 19/12/2025 22/10/2025 Page 17 of 152
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Declare – Notice of Review I/We the applicant/agent certify that this is an application for review on the grounds stated. Declaration Name: Mr Nicholas Morris Declaration Date: 30/01/2026 Fee Exemption Reason I used the fee calculator and my application / request for local review / appeal is not subject to fee Page 18 of 152
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___________________________________________________________________________ PLANNING SOLUTIONS EDINBURGH (PSE) APPEAL __________________________________________________________________________ APPEAL AGAINST THE DECISION BY MIDLOTHIAN COUNCIL NOT TO GRANT PLANNING PERMISSION UNDER THE TOWN AND COUNTRY PLANNING 9SCOTLAND) ACT 1997 Proposal: Formation of car parking and associated works 25/00519/DDP Site: Land Adjacent to 103 Lothian Street, Bonnyrigg Midlothian Applicant: Luigi Pia owner of Gigi’s Restaurant Address: 70-74 Lothian Street Bonnyrigg www.planningsolutionsedinburgh.co.uk Eastfield Business Centre, Unit 3 1st Floor 4c Eastfield Farm Road Penicuik EH26 8EZ email nicholaspse@gmail.com Tel 0131 441 7891 Mob 07960020354 Page 19 of 152
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We are appealing on behalf of Luigi Pia owner of Gigi’s Restaurant against the decision by Midlothian Council to refuse planning permission for the proposed formation of a car park and associated works at land adjacent to 103 Lothian Street, Bonnyrigg. This appeal is presented in accordance with the statutory provisions of the Town and Country Planning (Scotland) Act 1997 and seeks to address the grounds for refusal, demonstrate compliance with relevant planning policies, and highlight the material considerations that support approval of the application. 1.Introduction and Context The application site comprises an area of public open space located at the junction of Lothian Street and Waverley Crescent, Bonnyrigg. The proposal seeks to change the use of this area to a car park in association with GIGi’s Italian restaurant and cocktail bar, providing 12 car parking spaces, including a dedicated disabled bay, future provision for electric vehicle charging, and enhanced landscaping with new planters and tree planting. The need for improved parking provision in Bonnyrigg town centre is well documented, with the Bonnyrigg and District Local Place Plan 2024-2034 identifying parking shortages as a constraint on local commerce and community activity. The proposed car park directly addresses this issue, supporting local businesses and encouraging greater footfall in the town centre, thereby advancing the Council’s place-making objectives. Page 20 of 152
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2.Principle of Development and Established Precedent It is important to note that the principle of car park provision at this location has previously been accepted by the Council’s Local Review Body, which approved a similar scheme (ref: 24/00062/dpp). This precedent confirms that the site is suitable for such development and that the proposal does not fundamentally conflict with local planning policy. The current proposal, while differing in detail, maintains the essential function and community benefit recognised in the earlier approval. The refusal of previous applications was based on concerns regarding the loss of landscaped open space, visual amenity, and compliance with policies 14 of NPF4 and DEV2 of the adopted Midlothian Local Development Plan 2017. However, the Local Review Body subsequently overturned these refusals, recognising the compatibility of the proposed car park with the local street scene and its contribution to much-needed parking provision. 3.Response to Local Place Plan and Community Need The Bonnyrigg and District Local Place Plan 2024-2034 specifically identify parking shortages as a barrier to local commerce and community vitality. The proposed car park directly addresses this need, supporting local businesses and encouraging residents to visit the town centre, which aligns with the Council’s own place-making objectives. The proposal is therefore responsive to an identified community need and advances the Council’s strategic objectives for the area. 4.Sustainable Transport and Environmental Enhancement The proposal incorporates permeable paving, increased planting, and infrastructure for future electric vehicle charging, in accordance with National Planning Framework 4 (NPF4) policies on sustainable transport and climate resilience. Provision for cycle storage and disabled parking further demonstrates a commitment to accessibility and sustainable travel. These measures are consistent with Policy 13 (Sustainable Transport) of NPF4 and TRAN 5 of the adopted Midlothian Local Development Plan 2017, which support the development of active travel infrastructure and electric vehicle charging stations. The inclusion of permeable surfaces and increased planting not only mitigates the environmental impact of the development but also contributes to local biodiversity and climate resilience. The applicant is willing to undertake further design refinements in consultation with the Council to maximise environmental benefits and ensure full compliance with relevant policies. 5.Enhancement of Visual Amenity and Biodiversity While the scheme reduces open space, it compensates through enhanced landscaping, including new planters and tree planting (notably an orchard). These measures mitigate visual impact and contribute positively to local biodiversity, consistent with Policy 3 (Biodiversity) and Policy 6 (Forestry, woodland and trees) of NPF4. The applicant remains open to further design refinements in consultation with the Council. Page 21 of 152
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The proposal retains significant areas of planting and introduces new landscaping features that soften the visual impact of the car park. The loss of open space is balanced by the community benefit of improved parking and support for a valued local business. The site remains well-integrated with the surrounding area, and the design can be further refined to enhance visual amenity and ecological value. 6.Road Safety and Technical Compliance The Council’s Senior Manager Neighbourhood Services (Roads) has raised no objection in principle to the proposed car park. Any outstanding technical matters, such as sightlines, vehicular access, and lighting, can be satisfactorily addressed through planning conditions, ensuring compliance with all safety and operational requirements. The proposal therefore meets the necessary standards for road safety and technical compliance. 7.Accessibility and Equality The proposal includes dedicated disabled parking and is designed to be accessible for all users, including those with mobility challenges. This supports the Council’s statutory obligations under equality legislation and planning policy. The applicant is committed to ensuring that the development is inclusive and accessible, with provision for cycle storage and future infrastructure for electric vehicle charging. 8.Material Change and Proportionality The revised scheme represents a material change from previous refusals, with increased planting and improved site layout. The reduction in open space is proportionate to the wider community benefit, and further enhancements can be secured by condition. The applicant is willing to work collaboratively with the Council to refine the design and ensure that the development delivers maximum benefit to the community while minimising adverse impacts. 9.Loss of Amenity and Impact on Neighbouring Properties The Council’s assessment acknowledges that any disturbance to neighbouring properties is unlikely to be significant compared to the previously approved scheme. Concerns regarding anti-social behaviour, property value, and construction disruption are either not material planning considerations or can be managed through appropriate conditions and enforcement. The proposal is therefore unlikely to result in significant adverse impacts on residential amenity. 10.Compliance with Statutory Process The application has complied with all statutory consultation and notification procedures, ensuring transparency and community engagement. The revised proposal is eligible for consideration and is not precluded by previous refusals, as it constitutes a material change. The applicant has engaged with the local community and is willing to undertake further consultation to address any outstanding concerns. Page 22 of 152
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11.Stated Grounds for Refusal The delegated Report identifies concerns regarding the loss of open space, visual amenity, and compliance with development plan policies. However, the proposal has been revised to increase planting, improve site layout, and provide infrastructure for sustainable transport. The applicant is willing to undertake further improvements to landscaping and public amenity, and to address any other concerns through potential planning conditions. The refusal also cites inadequate provision for disabled parking and electric vehicle charging. The applicant is committed to increasing the number of disabled parking spaces and provide additional infrastructure for electric vehicle charging in accordance with updated building regulations outlined in the Report of Handling. These enhancements can be secured by condition and will ensure full compliance with relevant policies. 12.Wider Policy Context and Material Considerations Scottish Government Planning Advice Note (PAN) 65 Planning and Open Spaces (2008) recognises that open spaces contribute to the amenity and character of an area and can help soften the impact of development. The proposal retains significant areas of planting and introduces new landscaping features that enhance the site’s visual amenity and biodiversity. The loss of open space is balanced by the community benefit of improved parking and support for local businesses. The development is consistent with the aims of the National Planning Framework 4 and the adopted Midlothian Local Development Plan 2017, which support sustainable transport, biodiversity enhancement, and the protection of amenity within the built-up area. The proposal is policy- compliant, proportionate, and responsive to both community needs and environmental considerations. 13.Conclusion In summary, the proposal for a car park at GIGi’s Italian restaurant and cocktail bar is principally policy- compliant, proportionate, and responsive to both community needs and environmental considerations. The latest application addresses previous concerns and offers significant benefits to the local economy and public realm. The applicant is committed to working with the Council to further improve the design and ensure compliance with all relevant policies and guidance. We respectfully request that the Council reconsider its decision to refuse planning permission based on these material considerations and the demonstrated community need. The proposal represents a balanced approach, addressing previous concerns and providing tangible benefits to the local community and the local economy. Approving the application would support local businesses, enhance accessibility, and contribute positively to the character and vitality of Bonnyrigg town centre. Page 23 of 152
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MIDLOTHIAN COUNCIL DEVELOPMENT MANAGEMENT PLANNING APPLICATION DELEGATED WORKSHEET: Planning Application Reference: 25/00519/dpp Site Address: Land adjacent to 103 Lothian Street, Bonnyrigg Site Description: The application site comprises an area of public open space comprising two large beds, one densely planted with three cypress trees, hebe shrubs, roses and brambles with the other grassed with four small trees and a holly, and a central paved area, located at the junction of Lothian Street with Waverley Crescent. Proposed Development: Formation of car parking Proposed Development Details: It is proposed to change the use of the area of open space to a car park in association with Gigi’s restaurant on the opposite side of Lothian Street. The submitted plan indicates 12 car parking spaces with vehicular access off Waverley Crescent. The plan indicates timber clad raised planters along the southeast and northwest boundaries of the site with tree planting adjacent to the vehicular access including apple trees. The car park is to be surfaced in permeable pavers. The site plan shows one disabled parking bay and indicates future provision for an EV charging station. A bike store, in the form of a shed, is indicated however no details have been submitted. Background (Previous Applications, Supporting Documents, Development Briefs): History sheet checked. 25/00361/dpp - Formation of car parking - It was proposed to change the use of the area of open space to a car park in association with Gigi’s restaurant on the opposite side of Lothian Street. The submitted plan indicates 12 car parking spaces with vehicular access off Waverley Crescent. The plan indicated timber clad raised planters along the southeast and northwest boundaries of the site with tree planting adjacent to the vehicular access including apple trees. The car park was to be surfaced in permeable pavers. Refused – 10.09.25 on the following grounds – 1. The proposal constitutes a significant and unacceptable variation to the previously approved scheme and would result in the further loss of an attractive area of landscaped open space which adds interest and enhances the appearance of the surrounding area and is visually important on this main road in to the centre of Bonnyrigg and at the entrance to Waverley Crescent providing an amenity for both residents and passersby. The loss of this open space to the currently proposed car park would detract from this and the open character of the area with a significant detrimental impact on the visual amenity of the surrounding area, contrary to policies Appendix C Page 24 of 152
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14 of NPF4 and DEV2 of the adopted Midlothian Local Development Plan 2017 which seek to protect the amenity of the surrounding area. 2. The lack of cycle parking and disabled parking spaces at the site is contrary to the aims of policy 13 of NPF4 in relation to sustainable transport. 3. The lack of electric vehicle charging facilities at the site is contrary to the aims of policy 13 of NPF4 and TRAN 5 of the adopted Midlothian Local Development Plan 2017 in relation to sustainable transport. 24/00062/dpp - Formation of car parking and associated works - It was proposed to change the use of the area of open space to a car park in association with Gigis restaurant on the opposite side of Lothian Street. The submitted plan indicates 9 car parking spaces with vehicular access off Waverley Crescent. Cycle parking was proposed in the west corner of the site. The plans indicated planting around much of the perimeter of the site with the plans annotated that existing trees, plants and shrubs are to be replanted with a grassed area incorporating a community orchard and seating area in the south corner. The plans appeared to indicate a pedestrian path, in the main segregated from the car park by what appear to be bollards, with seating along the northern part of the site incorporating an area of planting – initially refused 24.04.24 on following grounds: The proposal would result in the loss of an attractive area of landscaped open space which adds interest and enhances the appearance of the surrounding area and is visually important on this main road into the centre of Bonnyrigg and at the entrance to Waverley Crescent providing an amenity for both residents and passersby. The loss of this open space to a car park would detract from this and the open character of the area with a significant detrimental impact on the visual amenity of the surrounding area, contrary to policies 14 of NPF4 and DEV2 of the adopted Midlothian Local Development Plan 2017 which seek to protect the amenity of the surrounding area. Subsequently approved subject to conditions by Local Review Body 23.09.24 on the following grounds: The proposed formation of car park and associated works is compatible to the local street scene and would provide much needed parking and as such will not be detrimental to the amenity of the local area or be contrary to the policies set out in Midlothian Local Development Plan 2017 and National Planning Framework 4. 15/00222/dpp - Formation of car parking - It was proposed to change the use of the area of open space to a car park in association with Gigis restaurant on the opposite side of Lothian Street. The submitted plan indicated 13 car parking spaces with vehicular access off Waverley Crescent. The plan indicated planting around the perimeter of the site. Refused 29.04.15 – reason for refusal: The proposal would result in the loss of an attractive area of landscaped open space which is visually important on this main road in to the centre of Bonnyrigg with a significant detrimental impact on the visual amenity of the surrounding area, contrary to policies RP20 and RP30 of the adopted Midlothian Local Plan which seek to protect the character and amenity of the built-up area and protect important areas of open space in towns and villages. Page 25 of 152
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19/00851/dpp - Change of use from hardstanding to external seating area; change of use from retail (class 1) to restaurant (class 3); extension to restaurant; formation of entrance canopy; recladding of building, external alterations to building and erection of fence at 70 - 74 Lothian Street, Bonnyrigg pp 19.12.2019 Policy and Road safety manager did not consider that the proposal would result in any major changes to parking arrangements at this location. The report noted that at the time of the application the restaurant had an area available for vehicle parking nearby. The Policy and Road Safety Manager considered that the application premises was already operating as a retail unit, attracting customers arriving by car, and that the proposal would not operate on a significantly different scale. Therefore, the proposed development would not have a sufficiently significant adverse impact on road safety, as compared to what could happen at the site at present, to warrant refusal. The agent has submitted a statement in support of the application addressing the reasons for refusal of the previous application as follows: the planning dept. view that the attractive area of landscaping would be lost, has already been refuted and overturned at LRB by local councillor’s and the applicant will commit to install and maintain planters and an orchard; provision has now been made for a disabled parking space and cycle storage; the applicant has been in contact with a local EV provider who has advised the car park is too small to quote for provision of a charger at this time however the applicant is willing to provide for ground works for a future EV charger; it is stated that there are EV chargers within 1 mile of the proposed car park. It is also stated that in informal consultation Councillors have stated that the loss of the business would be severely detrimental to Midlothian and that they are of the view that the application should be approved. It is stated that that the proposed car park will alleviate the impact of traffic calming measures in the area. The statement concludes that the LRB are currently experiencing a large quantity of over- turned decisions which begs the question if the department is utilising the ‘pro- development’ mandate it was given by its Government and serving its locale. Consultations: Environmental Health – No comments provided however no objection to the previous scheme – pa ref: 25/00361/dpp. Senior Manager Neighbourhood Services (Roads)– No objection in principle. Additional details required in terms of sightlines, vehicular crossing at car park entrance and lighting. Estates – No comments provided. Scottish Gas Networks – No comment/objection. Representations: 15 representations have been received objecting to the proposal on the following grounds: Page 26 of 152
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• Proposal will result in this area becoming extremely unsafe with a negative impact on residents and pedestrians, including the elderly and young children going to school and road safety; • Frustration at repeat applications and disregard for previous decisions made by the Council and local views • Concern regarding raised beds adjacent to neighbouring property and possible damage to property • Replanting of existing trees will be useless and are unsuitable for planters and adjacent to an existing wall • Is the street lamp in the middle of the site to be moved and concern regarding who will pay for new lighting • Bollards have been removed and the site is being used as a car park • How will the car park be used • Impact on visual amenity of area • Loss of valued greenspace • There are bus stops close to Gigis • Bonnyrigg will survive if Gigis relocates • A car park at this site has previously been refused • Subsequent to refusal of planning permission the developer can appeal or submit a revised plan which addresses the reasons for refusal. • The law prevents consideration of a previously decided matter including the subsequent submission of identical plans. • Query why this is being revisited when the review body will grant permission again. • Disappointed with Gigis and the Council for allowing this area to be used for car parking and underhand increase in number of spaces with residents having no say in the matter/disregard for local community concerns. • The Council is putting financial interests before the interests of the community. • Lack of consultation with local residents • Objection to increase in number of parking spaces • Car park will impact on safety and add to congestion at an already busy junction, making it unsafe for drivers and pedestrians including residents of Waverly Crescent • Reference is made to accidents at this location including resulting in a fatality • Impact of tree planting on visibility for pedestrians • Parking should have been considered/ provided on site rather than allowing the premises to extend • There were opportunities for customer parking next door to the restaurant and at a nearby business • Numerous successful restaurants operate without a car park. • There is sufficient bus service to the restaurant and taxis • No disabled parking provision shown on plans and concern regarding visibility at car park entrance and gradient of entrance for wheelchair users. • If a footpath isn’t proposed out of the car park near to 103 Lothian Street the public will create a shortcut • Will there be barrier or a queue to get in at the car park entrance? Page 27 of 152
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• Provision of car park will encourage car journeys to the restaurant resulting in illegal and dangerous parking and no space for residents. • The new spaces should be for exclusive use of Gigis customers with other spaces nearby for residents • If allowed the car park should be for the use of local residents • Request for resident permit zone • Extending the car park contradicts sustainable transport and the climate emergency. • Contrary to Scottish Government’s Net Zero Strategy, and policy DEV2 of the Midlothian Local Development Plan 2017 in relation to the visual amenity and character of the area. • This is a community space providing safe pedestrian passage • Object to public space being made into a car park for private benefit • Disagree with reasons for approval at Local Review Body that the proposed use is compatible with the street scene and is not detrimental to the amenity of the local area • No community benefit • Community orchard and seating from previous scheme has been abandoned. • Trees and plants contribute to visual amenity of area and biodiversity. • Loss of planting and wildlife habitat and impact on air quality for private gain. • Proposal is out of character with residential nature of the neighbourhood and could set a precedent for further commercial development including a car park on the other side of the junction. • New estates are required to include landscaping as it is well recognised that it improves wellbeing and can reduce anti-social behaviour • Noise and anti-social behaviour, including impact on privacy and light pollution, arising from car park. • Vehicle emissions • Impact on property value • Concern regarding planting of tall trees adjacent to neighbouring properties affecting foundations • Disruption during construction • It is inappropriate for the agent to submit a lobbying statement in support of the application. • If approved the local community intend to submit a judicial review. Matters relating to the current operation of Gigis and recent works at the site have also been raised however are not material planning considerations in the assessment of this application. Relevant Planning Policies: Scottish Government Planning Advice Note (PAN) 65 Planning and Open Space (2008) recognises that open spaces contribute to the amenity and character of an area and can help soften the impact of development. Planning policy currently comprises National Planning Framework 4 and the adopted Midlothian Local Development Plan 2017. The following policies are relevant to the proposal: Page 28 of 152
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NPF4 Policy 1 Tackling the climate and nature crises When considering all development proposals significant weight will be given to the global climate and nature crises. Policy 3 (Pg38) Biodiversity a) Development proposals will contribute to the enhancement of biodiversity, including where relevant, restoring degraded habitats and building and strengthening nature networks and the connections between them. Proposals should also integrate nature-based solutions, where possible. c) Proposals for local development will include appropriate measures to conserve, restore and enhance biodiversity, in accordance with national and local guidance. Measures should be proportionate to the nature and scale of development. Applications for individual householder development, or which fall within scope of (b) above, are excluded from this requirement. d) Any potential adverse impacts, including cumulative impacts, of development proposals on biodiversity, nature networks and the natural environment will be minimised through careful planning and design. This will take into account the need to reverse biodiversity loss, safeguard the ecosystem services that the natural environment provides, and build resilience by enhancing nature networks and maximising the potential for restoration. Policy 6 – Forestry, woodland and trees b) Development proposals will not be supported where they will result in: ii. Adverse impacts on native woodlands, hedgerows and individual trees of high biodiversity value, or identified for protection in the Forestry and Woodland Strategy Policy 13 – Sustainable Transport a) Proposals to improve, enhance or provide active travel infrastructure, public transport infrastructure or multi-modal hubs will be supported. This includes proposals: i. for electric vehicle charging infrastructure and electric vehicle forecourts, especially where fuelled by renewable energy. ii. which support a mode shift of freight from road to more sustainable modes, including last-mile delivery. iii. that build in resilience to the effects of climate change and where appropriate incorporate blue and green infrastructure and nature rich habitats (such as natural planting or water systems). b) Development proposals will be supported where it can be demonstrated that the transport requirements generated have been considered in line with the sustainable travel and investment hierarchies and where appropriate they: iv. Provide low or zero-emission vehicle and cycle charging points in safe and convenient locations, in alignment with building standards; v. Supply safe, secure and convenient cycle parking to meet the needs of users and which is more conveniently located than car parking; vi. Are designed to incorporate safety measures including safe crossings for walking and wheeling and reducing the number and speed of vehicles; Page 29 of 152
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vii. Have taken into account, at the earliest stage of design, the transport needs of diverse groups including users with protected characteristics to ensure the safety, ease and needs of all users; and viii. Adequately mitigate any impact on local public access routes. Policy 14 Design, quality and place a) Development proposals will be designed to improve the quality of an area whether in urban or rural locations and regardless of scale. c) Development proposals that are poorly designed, detrimental to the amenity of the surrounding area or inconsistent with the six qualities of successful places, will not be supported. The relevant policies of the Midlothian Local Development Plan 2017 are; DEV2 – Protecting amenity within the built-up area - seeks to protect the character and amenity of the built-up area. TRAN 5 – Electric Vehicle Charging - The Council will support and promote the development of a network of electric vehicle charging stations by requiring provision to be considered as an integral part of any new development or redevelopment proposals. ENV11 – Woodland, Trees and Hedges states that development will not be permitted where it could lead directly or indirectly to the loss of, or damage to, woodland, groups of trees (including trees covered by a Tree Preservation Order, areas defined as ancient or semi-natural woodland, veteran trees or areas forming part of any designated landscape) and hedges which have a particular amenity, nature conservation, biodiversity, recreation, landscape, shelter, cultural, or historical value or are of other importance. Bonnyrigg and District Local Place Plan 2024-2034 Notes difficulty parking in the town centre and that lack of parking in Bonnyrigg deters residents of the district from coming to the town. BDCC would like to see steps taken to introduce controlled parking behind Polton Street and the High Street to deter persons from leaving their vehicles there for extended periods seriously reducing viable parking for customers of local businesses. Planning Issues: The main planning issue to be considered is whether or not the proposal complies with the development plan policies and, if not, whether there are any material planning considerations which would otherwise justify approval. Section 39(1) of the Town and Country Planning (Scotland) Act 1997 gives Planning Authorities discretionary power to decline determining a planning application where a similar application has been refused by Scottish Ministers/ at Local Review within the last five years and there has been no significant change in the development plan since the refusal. The same discretionary power applies where more than one similar application has been refused in the previous 5 years and no appeal has been made or has been made but not determined. The revised scheme constitutes a material change to previous schemes and as such these provisions do not apply in Page 30 of 152
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this case and it is correct for the Planning Authority to process the current application. There is no legal obligation for the new scheme to address the issues raised in the reasons for refusal of previous schemes. It is open to and is common practice for the agent to submit a supporting statement as it is for local residents to submit representations. As regards consultation with the local community neighbours have been notified of the application in accordance with statutory planning regulations. It is also open to the public to seek legal advice regarding judicial review. This is separate to the planning assessment of the application. The principle of parking at this location has been established with the granting of planning permission ref: 24/00062/dpp at land adjacent to 103 Lothian Steet, Bonnyrigg by the Council’s Local Review Body. Also, the Council’s Senior Manager Neighbourhood Services (Roads) has not raised any objection in principle to the proposed car park on road safety grounds. Details relating to sightlines, the vehicular crossing at the car park entrance and lighting can be covered by condition should planning permission be forthcoming. Similarly details of planting at the site can be covered by condition should planning permission be forthcoming. Who pays for lighting at the site is not a material planning consideration in the assessment of the application. As such the main issues for consideration are the differences between the current proposal and the previously approved scheme. There is very limited car parking associated with the restaurant, with a small area to the side of the building and a lay-by in front. Planning permission was granted for the change of use of the premises from a public house to a restaurant in 2010. As part of the assessment of the application it was considered that the proposed change of use would not result in any significant change in the parking or servicing requirements of the premise. Also, the owners would have been aware of the situation when they took over the premises and subsequently extended into the former newsagents. It is acknowledged that the introduction of additional double yellow lines on Lothian Street has reduced on street parking in the area both for residents and restaurant users. However, it is not unusual that town centre uses do not have dedicated parking. The site is well served by public transport. Also, no further parking restrictions have been applied in the area since the previous planning application. There are two bus stops very close to the restaurant with four buses an hour in each direction Mon-Fri during the day and two buses an hour in each direction Sat-Sun and in the evenings plus the Midlothian Circular with two buses daily Mon-Fri running in each direction. Whilst there are now double yellow lines on Lothian Street there is still unrestricted on-street parking in the surrounding streets albeit the concerns regarding congestion in the area are acknowledged. There are two Council run free public car parks in the town centre, approximately 500m away from the restaurant, with a total of 70 spaces (information from Council’ website). The approach into Bonnyrigg along Eskbank Road up to this part of Lothian Street is characterised by planting and open space along the road with the houses set back behind serving as an attractive approach into Bonnyrigg from this direction. Along with the open space on the opposite side of the road the planting and open space at Page 31 of 152
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the application site forms an attractive entrance into Bonnyrigg and Waverley Crescent. The affected area of open space, including grassed area and tree and shrub planting, is of particular value in that it adds interest and enhances the appearance of the surrounding area providing an amenity for both residents and passersby. As compared to that previously approved by the Council’s Local Review Body the area of grass/planting would be reduced from approx. 261sqm to 139sqm (excluding the parking bays) which represents a reduction of approx. 46%. Whilst the planted area has been increased to 104sqm as compared to 83sqm in the most recent refused scheme the current proposal would still constitute a significant reduction of 60% as compared to the existing situation and a significant reduction of 25% as compared to the previously approved scheme. What little community benefit as was previously proposed in terms of a larger area of planting, pedestrian access and seating has now been lost in the current scheme. Whilst each application is dealt with on its own merits approval of the current scheme would not set a good example for any further applications which could result in a serious cumulative detrimental impact on the character of the area. The proposal would result in the loss of an attractive area of landscaped open space which is visually important on this main road into the centre of Bonnyrigg with a significant detrimental impact on the visual amenity of the surrounding area, contrary to development plan policy. Whilst it is acknowledged that the area could be enhanced in terms of additional planting and higher quality hard surfaces this does not warrant the loss of a large area to car parking. There is potential for disturbance to neighbouring residential properties arising from the use of the car park albeit this is unlikely to be significant as compared to that arising from the previously approved scheme. Disturbance during construction is not sufficient grounds to refuse planning permission. No details of a barrier at the car park entrance have been submitted. The impact on property value, damage to properties, removal of bollards, the use of the existing space for car parking and the request for a resident parking zone are not material planning considerations in the assessment of the planning application. Antisocial behaviour would be a matter for the police. Current Council parking standards require the provision of 3 disabled car parking spaces at a car park of this size. This has clearly not been taken into account in the design of the current scheme. The current proposal includes one disabled parking bay. Whilst the provision of one disabled car parking space was approved in relation to the scheme approved by the Local Review Body for 9 car parking spaces with the increased numbers in car parking spaces this should be increased to at least a minimum of 2 disabled car parking spaces. The current scheme shows provision for cycle parking however access appears to be across the proposed disabled parking bay making it difficult to use. Page 32 of 152
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In order to comply with planning policy the Planning Authority requires the installation of electric vehicle charging points within all new developments which generate a requirement for parking spaces, unless otherwise justified and agreed by a Midlothian Council Planning Officer. This has been superseded by updated building regulations in 2023 which when applied to this site requires provision for enabling infrastructure for EV charging points for 6 spaces and provision of a minimum of 3 electric vehicle charge points including one serving a disabled space. The provision of ground works for one EV charger falls short of these requirements The scheme approved by the Local Review Body required provision for 2 operational electric vehicle charging points. With the increase in the number of car parking spaces this should be increased. The extract of e-mail correspondence with an EV charging company states that the site does not fit with their investment criteria at the current time and does not specifically state that the site is too small for EV provision. The lack of provision of active electric vehicle chargers at the site is not justified. As such the proposal is contrary to the aims of policy 13 of NPF4 in relation to sustainable transport and TRAN 5 of the adopted Midlothian Local Development Plan 2017 in relation to electric vehicle parking which aims to help address the climate crisis. As per the previous application if, as the agent has stated, electric vehicle charging facilities are provided in nearby car parks thereby inferring that customers with electric vehicles could use these other car parks it would also be reasonable and logical to conclude and there would be no apparent reason why the other car parks could not also be used for parking for customers with non-electric vehicles. It is acknowledged that not everyone is able to use public transport and that the current proposal would take three more cars off the road, in terms of parking. However, the benefits of the increased numbers of spaces proposed are not significant enough to justify and do not outweigh the concerns regarding the degradation of this area of open space and the detrimental impact on the visual amenity of the area as compared to the previously approved scheme also with no community benefit. Approval of the current scheme would be a serious retrograde step. Section 37 of the Town and Country Planning (Scotland) Act 1997 is explicit in that when dealing with planning applications the Planning Authority shall have regard to the development plan so far as material to the application, and to any other material considerations. The foregoing assessment complies with this. The Planning Authority is not anti-development or anti-business. In line with development plan policy development should be directed to the right place, protect the amenity of an area and where acceptable in principle should be well designed. The currently proposed scheme does not meet these aims and in this instance, there are no material considerations that would justify a departure from development plan policy. Had the scheme had a neutral impact as compared to the previously approved scheme it would have been possible to support the application taking into account that the approved scheme is still extant. However, this is not the case in terms of impact on amenity, inadequate disabled parking and lack of provision of electric vehicle spaces. Page 33 of 152
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Recommendation: Refuse planning permission. Page 34 of 152
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Refusal of Planning Permission Town and Country Planning (Scotland) Act 1997 Reg. No. 25/00519/DPP D2 Architectural Design Ltd Newbattle Abbey Newbattle Road Dalkeith EH22 3LL Midlothian Council, as Planning Authority, having considered the application by Gigi's Restaurant, Mr Luigi Pia, 70-74 Lothian Street, Bonnyrigg, EH19 3AQ, which was registered on 22 October 2025 in pursuance of their powers under the above Acts, hereby refuse permission to carry out the following proposed development: Formation of car parking and associated works at Land adjacent to 103 Lothian Street, Bonnyrigg in accordance with the application and the following documents/drawings: Document/Drawing. Drawing No/Scale Dated Location Plan 1:500 22.10.2025 Proposed Site Plan AP01 B 1:100 22.10.2025 The reason(s) for the Council's decision are set out below: 1. The proposal constitutes a significant and unacceptable variation to the previously approved scheme and would result in the further loss of an attractive area of landscaped open space which adds interest and enhances the appearance of the surrounding area and is visually important on this main road in to the centre of Bonnyrigg and at the entrance to Waverley Crescent providing an amenity for both residents and passersby. The loss of this open space to the currently proposed car park would detract from this and the open character of the area with a significant detrimental impact on the visual amenity of the surrounding area, contrary to policies 14 of NPF4 and DEV2 of the adopted Midlothian Local Development Plan 2017 which seek to protect the amenity of the surrounding area. 2. There is under provision of disabled parking spaces at the site and unsatisfactory parking provision for cyles contrary to the aims of policy 13 of NPF4 in relation to sustainable transport. 3. The under provision of electric vehicle charging facilities at the site is contrary to the aims of policy 13 of NPF4 and TRAN 5 of the adopted Midlothian Local Development Plan 2017 in relation to sustainable transport. Appendix D Page 35 of 152
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Informative Note The proposed development lies within an area that has been defined by the Mining Remediation Authority as containing coal mining features at surface or shallow depth. These features may include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and former surface mining sites. Although such features are seldom readily visible, they can often be present and problems can occur, particularly as a result of new development taking place. Any form of development over or within the influencing distance of a mine entry can be dangerous and raises significant land stability and public safety risks. As a general precautionary principle, the Mining Remediation Authority considers that the building over or within the influencing distance of a mine entry should be avoided. In exceptional circumstance where this is unavoidable, expert advice must be sought to ensure a suitable engineering design which takes account of all relevant safety and environmental risk factors, including mine gas and mine-water. Your attention is drawn to the Mining Remediation Authority Policy in relation to new development and mine entries available at: https://www.gov.uk/government/publications/building-on-or-within-the-influencing-distance-of-mine- entries Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Mining Remediation Authority Permit. Such activities could include site investigation boreholes, excavations for foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Application forms for Mining Remediation Authority permission and further guidance can be obtained from The Mining Remediation Authority’s website at: www.gov.uk/get-a-permit-to-deal-with- a-coal-mine-on-your-property What is a permit and how to get one? https://www.gov.uk/government/publications/permit- process/permit-process In areas where shallow coal seams are present caution should be taken when carrying out any on site burning or heat focused activities. If any future development has the potential to encounter coal seams which require excavating, for example excavation of building foundations, service trenches, development platforms, earthworks, non-coal mineral operations, an Incidental Coal Agreement will be required. Further information regarding Incidental Coal Agreements can be found here - https://www.gov.uk/government/publications/incidental-coal-agreement/guidance-notes-for- applicants-for-incidental-coal-agreements If any coal mining features are unexpectedly encountered during development, this should be reported immediately to the Mining Remediation Authority on 0800 288 4242. Further information is available on the Mining Remediation Authority website at: Mining Remediation Authority https://www.gov.uk/government/organisations/mining-remediation- authority Informative Note valid from 1st January 2025 until 31st December 2026 Page 37 of 152
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Appendix E Page 38 of 152
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Local Review Body Monday 23 March 2026 Item No 5.2 Notice of Review: Armadilla, Whitehill Road, Rosewell Determination Report Report by Chief Officer Place 1 Purpose of Report 1.1 The purpose of this report is to provide a framework for the Local Review Body (LRB) to consider a ‘Notice of Review’ for the erection of six dwellinghouses, formation of access, landscaping and associated works at Armadilla, Whitehill Road, Rosewell. 2 Background 2.1 Planning application 25/00190/DPP for the erection of six dwellinghouses, formation of access, landscaping and associated works at Armadilla, Whitehill Road, Rosewell was refused planning permission on 17 November 2025; a copy of the decision is attached to this report. 2.2 The review has progressed through the following stages: 1 Submission of Notice of Review by the applicant. 2 The Registration and Acknowledgement of the Notice of Review. 3 Carrying out Notification and Consultation. 3 Supporting Documents 3.1 Attached to this report are the following documents: • A site location plan (Appendix A); • A copy of the notice of review form and supporting statement (Appendix B). Any duplication of information is not attached; • A copy of the case officer’s report (Appendix C); • A copy of the decision notice, excluding the standard advisory notes, issued on 17 November 2025 (Appendix D); and • A copy of the key plans/drawings (Appendix E). 3.2 The full planning application case file and the development plan policies referred to in the case officer’s report can be viewed online via www.midlothian.gov.uk. 4 Procedures 4.1 In accordance with agreed procedures, the LRB: Page 41 of 152
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• Have determined to undertake a site visit (only elected members attending the site visit can participate in the determination of the review); and • Have determined to progress the review by written submissions. 4.2 The case officer’s report identified that there were seven consultation responses, and no representations received. As part of the review process the interested parties were notified of the review – no additional comments have been received. All comments can be viewed online on the electronic planning application case file. 4.3 The next stage in the process is for the LRB to determine the review in accordance with the agreed procedure: • Identify any provisions of the development plan which are relevant to the decision; • Interpret them carefully, looking at the aims and objectives of the plan as well as detailed wording of policies; • Consider whether or not the proposal accords with the development plan; • Identify and consider relevant material considerations for and against the proposal; • Assess whether these considerations warrant a departure from the development plan; and • State the reason/s for the decision and state any conditions required if planning permission is granted. 4.4 In reaching a decision on the case the planning advisor can advise on appropriate phraseology and on appropriate planning reasons for reaching a decision. 4.5 Following the determination of the review the planning advisor will prepare a decision notice for issuing through the Chair of the LRB. A copy of the decision notice will be reported back to the LRB for noting. 4.6 A copy of the LRB decision will be placed on the planning authority’s planning register and made available for inspection online. 5 Conditions 5.1 In accordance with the procedures agreed by the LRB at its meeting of 20 June 2022, and without prejudice to the determination of the review, the following conditions have been prepared for the consideration of the LRB if it is minded to uphold the review and grant planning permission. 1. The development to which this permission relates shall commence no later than the expiration of three years beginning with the date of this permission. Reason: To accord with the provisions of Section 58 of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning (Scotland) Act 2019). Page 42 of 152
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2. Development shall not begin until a scheme to deal with any contamination of the site and/or previous mineral workings has been submitted to and approved by the planning authority. The scheme shall contain details of the proposals to deal with any contamination and/or previous mineral workings and include: i. the nature, extent and types of contamination and/or previous mineral workings on the site; ii. measures to treat or remove contamination and/or previous mineral workings to ensure that the site is fit for the uses hereby approved, and that there is no risk to the wider environment from contamination and/or previous mineral workings originating within the site; iii. measures to deal with contamination and/or previous mineral workings encountered during construction work; and iv. the condition of the site on completion of the specified decontamination measures. Before any part of the site is occupied for residential purposes, the measures to decontaminate the site shall be fully implemented as approved by the planning authority. 3. On completion of the decontamination/ remediation works required in condition 2 and prior to the dwellinghouses being occupied on site, a validation report or reports shall be submitted to the planning authority confirming that the works have been carried out in accordance with the approved scheme. No part of the development shall be occupied until this report has been approved by the planning authority. Reason for conditions 2 and 3: To ensure that any contamination on the site/ground conditions is adequately identified and that appropriate decontamination measures/ground mitigation measures are undertaken to mitigate the identified risk to site users and construction workers, built development on the site, landscaped areas, and the wider environment; to ensure the remediation works are undertaken. 4. Development shall not begin on site until the following details have been submitted to and approved in writing by the planning authority: a) A proposed topographical plan showing the levels of all houses, buildings, open space and roads in relating to a fixed datum; b) Details and samples of all external finishing materials for the dwellinghouses and any other structures; c) Details of the proposed materials of the areas of hardstanding; d) Details of the design, position, dimensions, materials and finish of all proposed walls, fences, gates or other means of enclosure; e) Details of the materials of areas of infill of the existing walls; f) Details of the provision of superfast broadband connections for the houses; Page 43 of 152
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g) Details of the proposed air and/or ground source heat pumps; h) Details of the proposed solar panels; i) Details of the proposed electric vehicle charging points; j) Details of a sustainability/biodiversity scheme for the site, including the provision of house bricks and boxes for bats and swifts; k) Details of the proposed drainage system for the houses; l) Details of the proposed surface water management scheme; and m) A landscape plan, including details of a scheme of landscaping for the site. Details shall include the position, number, size and species of all trees and shrubs proposed, as well as identifying all trees on site which are proposed to be removed and retained. Thereafter, the development hereby approved shall accord with the details agreed in terms of this condition. Reason: These details were not submitted as part of the application: to ensure the houses are finished in high quality materials; to protect the visual amenity of the surrounding area; to ensure the houses are provided with adequate amenity; to help integrate the proposal into the surrounding area; to ensure there is adequate drainage; to comply with policies RD1, DEV5, DEV6, DEV7, TRAN5, IT1, ENV6, ENV7 and ENV11 of the adopted Midlothian Local Development Plan 2017 and Policies 3, 6, 13, 14, 17, 22 and 24 of National Planning Framework 4. 5. The external materials for the dwellinghouses approved in condition 4b) above shall be either natural stone or wet dash render walls and natural slate roofs. 6. The use of 1.8-metre-high close boarded fencing is not approved along the site boundaries. Reason for conditions 5 and 6: To ensure the materials and boundary treatments are high quality, natural, traditional and appropriate for the surrounding rural area; to comply with policies RD1, DEV6, ENV6 and ENV7 of the adopted Midlothian Local Development Plan 2017 and Policies 14 and 17 of National Planning Framework 4. 7. The areas of hardstanding agreed in terms of condition 4c) shall be surfaced in a porous material. 8. The means of drainage treatment and disposal approved in relation to conditions 4k) and 4l) shall be completed to the satisfaction of the planning authority before the houses are occupied. Reason for conditions 7 and 8: To ensure that the development is provided with adequate drainage facilities prior to occupation; to ensure that the site is adequately drained in the interests of the amenity of the area; to comply with policy ENV9 of the adopted Midlothian Local Development Plan 2017 and Policy 22 of National Planning Framework 4. Page 44 of 152
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9. The dimensions of the garages have not been accurately shown on the submitted elevations and floor plans: prior to the commencement of development, updated floor plans and elevations shall be submitted accurately showing the dimensions of the garages for the approval of the planning authority. Reason: In the interests of clarity; the garages are different dimensions on drawings CDC/24/125/03 B and CDC/24/125 05 B; to ensure the approved development complies with policies RD1, DEV6, ENV6 and ENV7 of the adopted Midlothian Local Development Plan 2017 and Policies 14 and 17 of National Planning Framework 4. 10. The scheme of landscaping and landscaping plan required in terms of condition 4m) shall include the following: a) A landscape plan including tree protection measures clearly indicating the construction exclusion zone in accordance with BS5837; b) An Arboricultural Method Statement to ensure the construction works can be carried out while protecting root protection areas during construction; c) A landscape plan showing the root protection areas of trees within and adjacent to the site; d) An Arboricultural Impact Assessment; e) A planting plan identifying all tree and hedge planting locations, as well as a planting schedule detailing all plant numbers, species and sizes; f) Details of replacement tree planting, informed by a Biodiversity Enhancement Plan and canopy cover calculation to determine an appropriate level of replacement planting; g) Details of tree planting interspersed with native hedge planting along the boundaries of the house plots, parking areas and site access; h) Detailed planting specification notes including ground preparation for all planting types, planting medium quality and quantity (topsoil and mulch source and depth), planting (tree pits, hedge planting) and plant protection against browsing and all landscape maintenance activities including watering; i) A maintenance schedule indicating the frequency of visits and activities to take place such as pruning of hedges and watering. This shall include inspection and maintenance where necessary of the existing trees on site; and j) The landscape plan shall investigate the use of water harvesting measures and rain gardens to allow for infiltration of rainwater, such as from roofs and hard surfaces. If this is not possible, details of why shall be provided for approval. Reason: To ensure that the condition of the trees on site and adjacent to the site are adequately protected during development; to ensure that appropriate replacement planting is provided at the site, to maintain and enhance the character and appearance of the surrounding special landscape area and also perpetuate and increase canopy cover; to protect the rural character of the area Page 45 of 152
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and integrate the development into the surrounding rural area; to promote biodiversity; to comply with policies ENV6, ENV7 and ENV11 of the adopted Midlothian Local Development Plan 2017 and Policies 6 and 14 of National Planning Framework 4. 11. The tree protection measures approved as per the landscape plan required by condition 10a) above shall be in place before any work on the development is begun, including site clearance, and shall be retained until the development is completed. Within the area enclosed by the protection measures there shall be no excavation, no removal of soil, no placing of additional soil, no storage of any kind, disposal of any waste or fires lit. These works shall be carried out in accordance with BS5837:2012 Trees in Relation to Development. Reason: To ensure trees within and adjacent to the site are protected during works; to comply with policy ENV11 of the adopted Midlothian Local Development Plan 2017 and Policy 6 of National Planning Framework 4. 12. The scheme of landscaping hereby approved in condition 4m) shall be carried out and completed within six months of the first house either being completed or brought into use, whichever is the earlier date. Any trees removed, dying, severely damaged or becoming seriously diseased within five years of planting shall be replaced in the following planting season by trees of a size and species similar to those originally required. Reason: To ensure the landscaping is carried out and becomes successfully established; to comply with policy ENV11 of the adopted Midlothian Local Development Plan 2017 and Policies 3 and 6 of National Planning Framework 4. 13. No development shall take place on site until the applicants or their successors have undertaken and reported upon a programme of archaeological (Historic Building Recording, Survey and Evaluation) work in accordance with a written scheme of investigation and any further works or mitigation that result from the results of these to be submitted to and approved in writing by the planning authority works. Reason: To ensure a proper archaeological evaluation of the site, which is within an area of potential archaeological interest, and that adequate measures are in place to record any archaeological finds; to comply with policy ENV25 of the adopted Midlothian Local Development Plan 2017 and Policies 7 of National Planning Framework 4. 14. The works hereby approved shall not be carried out during the months of March to August inclusive, unless approved in writing by the planning authority after a check for nesting birds is completed by a suitably competent person within 48 hours of works commencing and, in the event an active nest is found, an appropriate protection zone to the satisfaction of the planning Page 46 of 152
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authority is in place within which there can be no works until the related chicks have fledged. 15. The works hereby approved shall comply with the recommendations in sections 6.1.1 and 8.5-8.15 inclusive in the approved Preliminary Ecological Appraisal dated 7 August 2025. Reason for conditions 14 and 15: To demonstrate that protected species would not be adversely affected by the proposed works; to comply with policy ENV15 of the adopted Midlothian Local Development Plan 2017 and Policies 3 and 4 of National Planning Framework 4. 5.2 If the LRB is minded to uphold the review and grant planning permission for the proposed development it shall be subject to a legal agreement to secure developer contributions towards education provision and community facilities. The legal agreement shall be concluded prior to the issuing of the LRB decision. 6 Recommendations 6.1 It is recommended that the LRB: a) determine the review; and b) the planning advisor draft and issue the decision of the LRB through the Chair Peter Arnsdorf Head of Placemaking Date: 12 March 2026 Report Contact: Mhairi-Anne Cowie – Planning Officer Mhairi-Anne.Cowie@midlothian.gov.uk Background Papers: Planning application 25/00190/DPP available for inspection online. Page 47 of 152
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Fairfield House 8 Lothian Road Dalkeith EH22 3ZN Tel: 0131 271 3302 Fax: 0131 271 3537 Email: planning- applications@midlothian.gov.uk Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid. Thank you for completing this application form: ONLINE REFERENCE 100672750-011 The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application. Applicant or Agent Details Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting on behalf of the applicant in connection with this application) Applicant Agent Agent Details Please enter Agent details Company/Organisation: Ref. Number: You must enter a Building Name or Number, or both: * First Name: * Building Name: Last Name: * Building Number: Address 1 Telephone Number: * (Street): * Extension Number: Address 2: Mobile Number: Town/City: * Fax Number: Country: * Postcode: * Email Address: * Is the applicant an individual or an organisation/corporate entity? * Individual Organisation/Corporate entity Gray Planning & Development Ltd Neil Gray Admiralty Park AYE House 07514278498 KY11 2YW UK Dunfermline Rosyth neil@grayplanning.co.uk Appendix B Page 49 of 152
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Applicant Details Site Address Details Mr ORCHARD HOUSE Archie Midlothian Council Hunter WHITEHILL ROAD Whitehills Road Orchard House ROSEWELL EH24 9EQ EH24 9EQ UK 662130 Rosewell 329186 Page 50 of 152
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Description of Proposal Please provide a description of your proposal to which your review relates. The description should be the same as given in the application form, or as amended with the agreement of the planning authority: * (Max 500 characters) Type of Application What type of application did you submit to the planning authority? * Application for planning permission (including householder application but excluding application to work minerals). Application for planning permission in principle. Further application. Application for approval of matters specified in conditions. What does your review relate to? * Refusal Notice. Grant of permission with Conditions imposed. No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal. Statement of reasons for seeking review You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement must set out all matters you consider require to be taken into account in determining your review. If necessary this can be provided as a separate document in the ‘Supporting Documents’ section: * (Max 500 characters) Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce all of the information you want the decision-maker to take into account. You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that time or that it not being raised before that time is a consequence of exceptional circumstances. Have you raised any matters which were not before the appointed officer at the time the Yes No Determination on your application was made? * If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before your application was determined and why you consider it should be considered in your review: * (Max 500 characters) ERECTION OF 6 DWELLINGHOUSES, FORMATION OF ACCESS, DRAINAGE, LANDSCAPING AND ASSOCIATED WORKS AT ARMADILLA, WHITEHILL ROAD, ROSEWELL, EH24 9EQ Please refer to submitted Grounds for Review Statement and supporting appeal documents (GP01 to GP05) Page 51 of 152
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Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters) Application Details Please provide the application reference no. given to you by your planning authority for your previous application. What date was the application submitted to the planning authority? * What date was the decision issued by the planning authority? * Review Procedure The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case. Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other parties only, without any further procedures? For example, written submission, hearing session, site inspection. * Yes No Please indicate what procedure (or combination of procedures) you think is most appropriate for the handling of your review. You may select more than one option if you wish the review to be a combination of procedures. Please select a further procedure * Please explain in detail in your own words why this further procedure is required and the matters set out in your statement of appeal it will deal with? (Max 500 characters) In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion: Can the site be clearly seen from a road or public land? * Yes No Is it possible for the site to be accessed safely and without barriers to entry? * Yes No If there are reasons why you think the local Review Body would be unable to undertake an unaccompanied site inspection, please explain here. (Max 500 characters) Please refer to List of Appeal Documents submitted 25/00190/DPP 17/11/2025 By means of inspection of the land to which the review relates The site is enclosed in a private property. The appellant would be available to open the site, and ensure safety of the LRB when visiting. 04/04/2025 The Planning Officer report contains inaccuracies about land use activity, coverage and character. The development is also close to an urban area. These matters must be clarified, verified and discussed following a site visit to provide a fair and reasonable review of the facts and decision. Page 52 of 152
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Checklist – Application for Notice of Review Please complete the following checklist to make sure you have provided all the necessary information in support of your appeal. Failure to submit all this information may result in your appeal being deemed invalid. Have you provided the name and address of the applicant?. * Yes No Have you provided the date and reference number of the application which is the subject of this Yes No review? * If you are the agent, acting on behalf of the applicant, have you provided details of your name Yes No N/A and address and indicated whether any notice or correspondence required in connection with the review should be sent to you or the applicant? * Have you provided a statement setting out your reasons for requiring a review and by what Yes No procedure (or combination of procedures) you wish the review to be conducted? * Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review. Please attach a copy of all documents, material and evidence which you intend to rely on Yes No (e.g. plans and Drawings) which are now the subject of this review * Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice (if any) from the earlier consent. Declare – Notice of Review I/We the applicant/agent certify that this is an application for review on the grounds stated. Declaration Name: Mr Neil Gray Declaration Date: 10/02/2026 Payment Details Online payment: XMEP00009042 Payment date: 10/02/2026 18:18:00 Created: 10/02/2026 18:18 Page 53 of 152
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MIDLOTHIAN COUNCIL DEVELOPMENT MANAGEMENT PLANNING APPLICATION DELEGATED WORKSHEET: Planning Application Reference: 25/00190/DPP Site Address: Armadilla, Whitehill Road, Rosewell. Site Description: The application site comprises a building, associated hardstanding and landscaping. This was previously in light industrial use and the submissions state that it is vacant. However there appears to be some operations taking place at the site and the buildings do not appear to be vacant. The hardstanding appears to have been used for parking and external storage. The area with the building and majority of the hardstanding is largely square and is the former walled garden associated with Whitehill House to the east. There are two brick walls remaining within the site. There is a line of trees on an embankment to the west and fencing to the east boundaries. The area north of the wall is used for storage and what appears to have historically been a vehicular access to the building. This is disused and is overgrown. The building is finished in breezeblock, cement and metal and timber cladding. There are mature trees within and immediately adjacent to the site. The Shiel Burn runs to the north and east of the site, separated from the site by steeply sloping land and mature ancient woodland. There is open countryside to the south. To the west is Orchard House, a large detached dwellinghouse which is under the ownership of the applicant. The site is within the countryside to the east of Rosewell. The north and east of the site is classed as ancient woodland as it appears was at the site before the existing building was in place. The former walled garden, gatepiers and gates in the area formed part of a B listed group associated with Whitehill House but this was delisted in around 2000. Proposed Development: Erection of 6 dwellinghouses, formation of access, drainage, landscaping and associated works. Proposed Development Details: The existing building on site will be demolished. Six five bedroom detached houses are proposed; single storey with accommodation in the roofspace. All have detached single garages with high gabled roofs. The front elevations are buff brick, as are the basecourses, with the other walls being off white K-Rend smooth render. The roofs are Spanish blue slate and the windows and doors grey uPVC. The houses will have solar panels, electric vehicle charging points and either air or ground source heat pumps. The north, east and west site boundaries are 1.8 metre high close boarded timber fencing, which will also be between rear gardens. The existing brick wall is to be retained along the southern boundary and by the proposed access road up to the houses. This will be infilled and repaired where necessary. Walls to the front of the houses are 1.2 metres high and will reuse existing brick and materials on site. The key on the plans show other means of enclosure but it is not clear where these are. Appendix C Page 74 of 152
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Access is taken from the north of the boundary to Orchard House and through a new opening in the brick boundary wall to the houses. The application form states there are 18 parking spaces proposed, with six visitor parking spaces by the access. All hardstanding will be porous paving to provide surface water storage and treatment run off. Brick from the site will be reused for gatepiers at entrance and there will be timber gates coloured grey. A bin store is proposed in the parking area with 2 metre high close boarded timber fenced walls. An existing gated entrance to the site from within the garden of Orchard House is to be blocked up. The application form states houses will connect to the public drainage connection and public water supply, however the submitted drainage information states that private drainage will be provided. No details of the drainage have been provided. It appears that the tree belt to the west will be removed along with at least five trees to the access and parking area. No proposed ground levels are provided however it appears the embankment with the trees at the west will also be removed. Some landscaping is proposed around the parking area and some areas of root protection. Bat, bird insect and bee boxes, bird feeders and hedgehog houses are proposed. The application submissions include a Planning Statement, Coal Mining Risk Assessment, Flood Risk Assessment, Tree Survey and Arboricultural Constraints Assessment, Drainage Strategy and Vehicle Access Proposal and Preliminary Ecology Appraisal. Background (Previous Applications, Supporting Documents, Development Briefs): Application site 22/00384/S50 Planning certificate. Withdrawn. 02/00537/FUL Erection of two industrial buildings for the storage, processing and packaging of compost material. Consent with conditions – including a restriction on the use of the site by the applicants as per agreed details and that the building be removed once this is no longer required for these purposes and the site made good. 01/00197/PNAG Erection of two agricultural buildings. Withdrawn. 00/00282/FUL Erection of dwellinghouse. Refused – no requirement for a house in the countryside; detrimental impact on wildlife; the site is in an area of great landscape value and the proposal does not comply with related policy. 99/00749/OUT Erection of dwellinghouse. Withdrawn. Orchard House to the south 23/00792/DPP Partial change of use of garden and associated sitting of pod to be used for short term let (part retrospective). Consent with conditions. 00/00218/LBC Demolition of existing and erection of new dwellinghouse and alterations to form vehicular access. Withdrawn. 00/00217/FUL Demolition of existing and erection of new dwellinghouse and alterations to form vehicular access. Consent with conditions. Consultations: The Council’s Senior Manager Neighbourhood Services (Roads) recommend a minimum access width of 4.8 metres and make comment on the swept path analysis. Page 75 of 152
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The Council’s Senior Manager Protective Services has no objection but recommends conditions to ensure ground contamination remediation works are undertaken. They also recommend noise limits on any air or ground source heat pumps to ensure no noise disturbance to neighbouring properties. The Council’s Archaeological Consultant recommends a condition requiring a programme of archaeological works be approved before any works begin on site. The Council’s Biodiversity Consultant has considered the submitted Preliminary Ecological Assessment (PEA) and concludes if the recommendations are followed there should be no adverse impact on protected species, sites or habitats. They do highlight that there is ancient woodland in the area and recommend a buffer and mitigation works to this area to limit any impact from development. The Mining Remediation Authority (formerly Coal Authority) has no objection having considered the submitted information. Scottish Environment Protection Agency (SEPA) has no objection. The site is partly shown to be at risk of fluvial flooding based on the SEPA Future Flood Maps. This indicates that there is a risk of flooding from the Shiel Burn. The Flood Risk Assessment (FRA) is based on appropriate methods and its representation of flood risk at the site is in line with all other evidence that is currently available. The FRA has determined that design flood level is suitably below the minimum specified ground levels of the development. This has also adopted the appropriate climate change allowances as per SEPA’s documentation. They are satisfied that safe access and egress for persons on foot, or with assistance, is achievable in an emergency and so have no objection on this basis. Scottish Water has no objection but state they will not accept any surface water connections to the combined sewer. They confirm there is water capacity in the area and the site is within the Rosewell Waste Water Treatment Works catchment. Representations: No representations have been received. Relevant Planning Policies: The development plan is comprised of National Planning Framework 4 (2023) and the Midlothian Local Development Plan 2017. The following policies are relevant to the proposal: National Planning Framework 4 (NPF4) - Policy 1 Tackling the climate and nature crises; sets out to encourage, promote and facilitate development that addresses the global climate emergency and nature crisis. - Policy 2 Climate mitigation and adaptation; sets out to encourage, promote and facilitate development that minimises emissions and adapts to the current and future impacts of climate change. - Policy 3 Biodiversity; sets out to protect biodiversity, reverse biodiversity loss, deliver positive effects from development and strengthen nature networks. - Policy 4 Natural Places; sets out to protect, restore and enhance natural Page 76 of 152
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assets making best use of nature-based solutions. - Policy 5 Soils; sets out to protect carbon-rich soils, restore peatlands and minimise disturbance to soils from development. The policy also sets out acceptable scenarios for development on prime agricultural land. - Policy 6 Forestry, woodland and trees; sets out to protect and expand forests, woodland and trees. - Policy 7 Historic assets and places; sets out to protect and enhance historic environment assets and places, and to enable positive change as a catalyst for the regeneration of places. - Policy 9 Brownfield, vacant and derelict land and empty buildings; sets out to encourage, promote and facilitate the reuse of brownfield, vacant and derelict land and empty buildings, and to help reduce the need for greenfield development. - Policy 13 Sustainable Transport; sets out to encourage, promote and facilitate developments that prioritise walking, wheeling, cycling and public transport for everyday travel and reduce the need to travel unsustainably. - Policy 14 Design, quality and place; sets out to encourage, promote and facilitate well designed development that makes successful places by taking a design-led approach and applying the Place Principle. - Policy 15 Local Living and 20 minute neighbourhoods; sets out to encourage, promote and facilitate the application of the Place Principle and create connected and compact neighbourhoods where people can meet the majority of their daily needs within a reasonable distance of their home, preferably by walking, wheeling or cycling or using sustainable transport options. - Policy 16 Quality homes; sets out to encourage, promote and facilitate the delivery of more high quality, affordable and sustainable homes, in the right locations, providing choice across tenures that meet the diverse housing needs of people and communities across Scotland. - Policy 17 Rural Homes; supports development proposals or new homes in rural areas where the development is suitably scaled, sited and designed to be in keeping with the character of the area and the development, and meets set conditions including where the site is allocated for housing within the local development plan. Development proposals for new homes in rural areas shall consider how the development will contribute towards local living. - Policy 20 Blue and green infrastructure; sets out to protect and enhance blue and green infrastructure and their networks. - Policy 22 Flood risk and water management; sets out to strengthen resilience to flood risk by promoting avoidance as a first principle and reducing the vulnerability of existing and future development to flooding. - Policy 24 Digital Infrastructure; sets out to encourage, promote and facilitate the rollout of digital infrastructure across Scotland to unlock the potential of all our places and the economy. The relevant policies of the 2017 Midlothian Local Development Plan are; DEV5 Sustainability in New Development sets out the requirements for development with regards to sustainability principles; DEV6 Layout and Design of New Development states that good design and a high quality of architecture will be required in the overall layout of development proposals. This also provides guidance on design principles for development, materials, Page 77 of 152
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access, and passive energy gain, positioning of buildings, open and private amenity space provision and parking; DEV7 Landscaping in New Development requires development proposals to be accompanied by a comprehensive scheme of landscaping. The design of the scheme is to be informed by the results of an appropriately detailed landscape assessment; TRAN5 Electric Vehicle Charging seeks to support and promote the development of a network of electric vehicle charging stations by requiring provision to be considered as an integral part of any new development or redevelopment proposals; IT1 Digital Infrastructure supports the incorporation of high speed broadband connections and other digital technologies into new homes, business properties and redevelopment proposals; RD1 Development in the Countryside states development in the countryside will only be permitted if: it is required for the furtherance of agriculture, including farm related diversification, horticulture, forestry, countryside recreation or tourism; it accords with other named policies; or it accords with the Council’s Supplementary Guidance on Development in the Countryside and Green Belt. All such development will need to be: of a scale and character appropriate to the rural area and well integrated into the rural landscape; capable of being serviced with an adequate and appropriate access; capable of being provided with drainage and a public water supply at reasonable cost, or an acceptable private water supply, avoiding unacceptable discharge to watercourses; and accessible by public transport and services, within 1 mile of a bus route with a frequency of 1 bus per hour; ENV4 Prime Agricultural Land does not permit development which leads to the permanent loss of prime agricultural land unless there is appropriate justification; ENV6 Special Landscape Areas states development proposals in such areas will only be permitted where they incorporate high standards of siting and design and where they will not have a significant adverse effect on the special landscape qualities of the area; ENV7 Landscape Character states that development will not be permitted where it significantly and adversely affects local landscape character. Where development is acceptable, it should respect such character and be compatible in terms of scale, siting and design. New development will normally be required to incorporate proposals to maintain the diversity and distinctiveness of the local landscapes and to enhance landscape characteristics where they have been weakened; ENV9 Flooding presumes against development which would be at unacceptable risk of flooding or would increase the risk of flooding elsewhere. It states that Flood Risk Assessments will be required for most forms of development in areas of medium to high risk, but may also be required at other locations depending on the circumstances of the proposed development. Furthermore it states that sustainable urban drainage systems will be required for most forms of development, so that surface water run-off rates are not greater than in the site’s pre-developed condition, and to avoid any deterioration of water quality; ENV10 Water Environment requires that new development pass surface water through a sustainable urban drainage system (SUDS) to mitigate against local flooding and to enhance biodiversity and the environment; ENV11 Woodland, Trees and Hedges states that development will not be permitted where it could lead directly or indirectly to the loss of, or damage to, woodland, groups of trees (including trees covered by a Tree Preservation Order, areas defined as ancient or semi-natural woodland, veteran trees or areas forming part of any designated landscape) and hedges which have a particular amenity, nature Page 78 of 152
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conservation, biodiversity, recreation, landscape, shelter, cultural, or historical value or are of other importance; ENV14 Regionally and Locally Important Nature Conservation Sites states that development will not be permitted where it could adversely affect the nature conservation interest of such sites, unless it can be demonstrated that appropriate mitigation measures are in place; ENV15 Species and Habitat Protection and Enhancement presumes against development that would affect a species protected by European or UK law; ENV25 Site Assessment, Evaluation and Recording requires that where development could affect an identified site of archaeological importance, the applicant will be required to provide an assessment of the archaeological value of the site and of the likely impact of the proposal on the archaeological resource; IMP1 New Development ensures that appropriate provision is made for a need which arises from new development. Of relevance in this case are education provision, transport infrastructure; contributions towards making good facility deficiencies; affordable housing; landscaping; public transport connections, including bus stops and shelters; parking in accordance with approved standards; cycling access and facilities; pedestrian access; acceptable alternative access routes, access for people with mobility issues; traffic and environmental management issues; protection/management/compensation for natural and conservation interests affected; archaeological provision and ‘percent for art’ provision; and IMP2 Essential Infrastructure Required to Enable New Development to Take Place states new development will not take place until provision has been made for essential infrastructure and environmental and community facility related to the scale and impact of the proposal. Planning conditions will be applied and where appropriate, developer contributions and other legal agreements will be used to secure the appropriate developer funding and ensure the proper phasing of development. The following covers the area proposed for access and visitor parking only: DEV8 Open Spaces states the Council will seek to protect and enhance the open spaces identified in the Local Development Plan. Development will not be permitted in these areas would which: result in the permanent loss of the open space; and/or adversely affect the accessibility of the open space; and/or diminish the quality, amenity or biodiversity of the open space; and/or otherwise undermine the value of the open space as part of the Midlothian Green Network or the potential for the enhancement of the open space for this purpose. Supplementary Guidance: Housing Development in the Countryside and Green Belt Supplementary Guidance provides guidance regarding housing development in the countryside. Houses which are considered acceptable shall be within 1 mile of services (such as shops or schools) or to a bus service of at least 1 per hour. There is support for the conversion and redevelopment of redundant farm buildings or other non-residential buildings. For redevelopment, the building must be redundant and not represent an example of traditional, architectural or historic interest or make a significant positive contribution to the character and appearance of the landscape. For both redevelopment and conversion, the loss of the original building must not result in a requirement for a building elsewhere. Resulting buildings must result in a development which respects and enhances the character and appearance of the Page 79 of 152
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countryside. The scale of development should not extend significantly beyond the footprint of the original building unless there are significant design reasons. Planning Issues: The main planning issue to be considered is whether or not the proposal complies with the development plan policies and, if not, whether there are any material planning considerations which would otherwise justify approval. The primary focus of NPF4 is to ensure developments are sustainable and consider the global climate and nature crises. In response to NPF4 the applicant’s agent has stated: - The proposal will reuse brownfield land after the previous industrial use moved elsewhere in Midlothian; - The proposal will replace vacant buildings; - Conservation of the existing historic brick wall; - The existing building is not suitable for modern business needs and would need upgrading to improve energy efficiency; - Such uses best directed to industrial estates; - Materials will be salvaged and reused where possible; - Houses will have electric vehicle charging points, solar panels and air/ground source heat pumps; - The development will include measures to recycle and recover grey water; - Bicycle parking is proposed; - Locally sourced materials, contractors and skill sets will be used; - Potential uptake of active transport methods; - Potential uptake of low carbon and net zero targets through technologies and construction methods; - Provision of needed housing; - The site is close to local services and amenities in Rosewell; and - There will be limited tree removal and landscape enhancement, including wildlife appropriate planting. With regard to NPF4, while the site is within the countryside it is close to the close to the built-up area of Rosewell and the services and amenities there. The application site is within 1 mile of a bus route with a frequency of one bus per hour. Despite this the development is likely to be heavily car reliant. The majority of the measures noted above are welcomed but are expected as standard in development proposals. The proposals do not go beyond what is currently expected of developments. The overall sustainability of the site will be addressed later. The planning authority has restrictive planning policies with regards to new housing proposals within the countryside. These aim to prevent the creeping suburbanisation of the countryside which is under significant pressure due to the convenient commuting distance to Edinburgh. However, there are enabling policies within the MLDP and NPF4 which support residential developments within the countryside in some instances, subject to specific criteria. Policies 16 and 17 of NPF4 and policy RD1 of the MLDP and the related local supplementary guidance include several sections where houses in the countryside could be supported in planning terms. NPF4 policy 16f sets out that residential developments on non-allocated sites will Page 80 of 152
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only be supported in limited circumstances, as follows. The applicant has not supported the application with any documentation setting out the timescale for building-out the site. The proposed development does not align with the Council’s adopted spatial strategy. Over the last two years delivery of housing sites is under that programmed in housing land audits. Whether the proposal is consistent with rural homes policy 17 is addressed below. While the proposal is for a smaller scale opportunity, for under ten units, this is not within a settlement boundary. The proposal is not for a local authority supported affordable housing plan. Given this the proposal does not comply with any of the identified limited circumstances and, as such, does not comply with policy 16f of NPF4. NPF4 policy 17 supports the development proposals for new homes in limited circumstances. The only one of those limited circumstances that could potentially provide some support in this case is where the development reuses a brownfield site where a return to a natural state has not or will not happen without intervention. Also policy 9 of NPF4 states that development proposals that result in the sustainable reuse of brownfield land including vacant and derelict land and buildings will be supported. In determining whether the reuse is sustainable the biodiversity value of brownfield land which has naturalised should be considered. In this case, the site appears to still be in commercial use, despite the submissions stating the site is vacant. This is not naturalised brownfield land. It is acknowledged that the site has poor biodiversity value at present and the proposal could improve this through more appropriate planting and means to encourage wildlife, as well as potentially addressing any historic contamination of the site. In relation to policy RD1 of the MLDP, the proposed development is not required for the furtherance of an established countryside activity, or relate to an existing housing group. This is not an enabling development where it is clearly shown that this is the only means of preventing the loss of a heritage asset and securing its long-term future. The site is not allocated for housing within MLDP. This is not a single home for the retirement succession of a viable farm holding or a subdivision of an existing residential dwelling. The proposal does not reinstate a former dwelling house or a one-for-one replacement of an existing permanent house. The proposal does relate to the redevelopment of a non-residential building in the countryside. However while the application submissions state the building is vacant as the former use has relocated to another site within Midlothian, it was clear from the case officer’s site visit that the building is not vacant and there still appeared to be some form of commercial operation taking place, albeit likely less than before. Also the building was not empty. While the building is not of traditional, architectural or historic interest nor does it make a significant positive contribution to the character and appearance of the landscape, it is still in use and not redundant. Therefore there is no scope for supporting the proposed development in terms of MLDP policy RD1. Notwithstanding the lack of support in principle for housing, the details of the proposal need to be considered. There are some trees within the north and east areas which are within part of the site identified as ancient woodland. Also the mature woodland to the immediate Page 81 of 152
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north and east is semi natural ancient woodland at Shiel Burn Wood. Historic mapping indicates that the site itself was formerly part of this woodland. Based on the most recent best practice, both in terms of woodland and protected species, there should be a minimum of 30 metre offset from semi natural ancient woodland areas and 15 metre minimum offset from other woodland to any development. Should these woodland buffers be implemented here it would result in the loss, or significant loss, of the access road, the whole visitor parking area and hardstanding and all but one of the housing plots in the site plan. Despite the site being within a special landscape area no Arboricultural Impact Assessment (AIA) has been submitted. However based on the tree survey and the landscape proposals it is clear that existing trees, including at least one category A tree, will require to be felled to deliver the proposal. The mature woodland tree canopy on and immediately adjacent to the site would be significantly adversely affected by the proposals. This would be directly due to the requirement to remove trees to develop the site access and parking and the potential for damage during construction. In addition, where houses are in close proximity to mature trees there results in a potential area of conflict where residents put pressure on the removal of trees due to overhanging branches, leaf litter and overshadowing. As the area is considered to be a woodland any proposed development would therefore lead to the permanent deforestation of woodland and could be considered contrary to the Scottish Government’s Control of Woodland Removal Policy. The proposal would have an adverse impact on the landscape character and appearance of the surrounding rural and special landscape area. This is not only locally around the site but also more widely including from the surrounding countryside. The adjacent Shiel Burn Wood Local Biodiversity Site forms an important habitat for local wildlife species and contributes to the local green network. This has a positive contribution to the landscape setting of the area, as well as biodiversity value and integration of the site into the surrounding area. The impact on and loss of the existing woodland would be a significant concern and be contrary to the aims of NPF4 which seeks to protect and enhance established trees. In proposals where the loss of existing vegetation is accepted, replacement planting is required to mitigate against any proposed tree loss. This is to perpetuate canopy cover in the area and to respond to the ongoing climate emergency and there is an expectation of a minimum of 21% canopy coverage of sites. Development is also expected to provide quantifiable biodiversity enhancements. The site would be highly unlikely to be able to provide quantifiable biodiversity enhancements and the development would likely result in the loss of irreplaceable habitat. There would therefore be an overall net loss in habitat due to the extent of the proposed development, a direct loss of habitat, an impact on the condition of the remaining habitat and a lack of space to create new habitats. The proposed access and parking area, to the north of the existing brick wall, is designated as protected open space, along with the surrounding woodland. This area is currently fenced off and so the proposal would result in the loss of open space compared to the existing situation. However the proposed works would diminish the quality and biodiversity of this area. It would also undermine the value of this open space as part of the Green Network. Page 82 of 152
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The site plan shows six plots, access and parking, however the actual developable area of the site is too small to accommodate this scale of development. There is insufficient space to accommodate the houses, amenity space, parking, drainage, existing and proposed landscaping, including replacement and enhanced planting both at the site boundaries and to provide relief within the site, as well as create an integrated green network to optimise biodiversity and opportunities for wildlife to move within the area. The proposed layout is very suburban, dominated by houses, garages and hardstanding for parking areas and access. This does not respect or reflect the rural surroundings or special landscape area. The development is hard up to the site boundaries with limited room for landscaping to integrate this into the sensitive surrounding area and will also result in the loss of existing landscaping to accommodate this. The proposal is a relatively dense layout which is not appropriate for the rural setting. The proposed housetypes are generally traditional in scale and form, with the front elevations finished in buff brick. This is not a traditional material commonly found in countryside in Midlothian, with stone, smooth or wet dash render more appropriate. While it is appreciated that there are brick walls within the site, these are red brick and are clearly historic. The use of buff brick on the front elevation of the houses is not acceptable. The proposed garages are a very suburban feature which would be out of keeping with the surrounding sensitive area. The retention of the brick wall along the southern boundary and part of the access and along plot 1 is welcomed as this has a positive contribution to the landscape character of the area. There is a timber fence along the east boundary which will be replaced by a 1.8 metre high close boarded fence. This is also proposed along the western boundary where it appears the existing tree embankment will be removed. Any development is an opportunity to improve the existing situation and the use of suburban fencing along site boundaries is not appropriate. There is a requirement that the scale of development should not extend significantly beyond the footprint of the original building unless there are significant design reasons. All but two houses are outwith the footprint of the existing building, however this is hard up to the east boundary and any new development here would not allow for any landscaping. The footprint of the six houses are less than the footprint of the existing building. The site is close to and on a higher level than the Shiel Burn which runs to the north and east. Scottish Environment Protection Agency (SEPA) flood maps show the site is in an area of high likelihood for surface water and smaller watercourses flooding and at the edges of an area of high likelihood of river flooding. A Flood Risk Assessment (FRA) has been submitted and considered by SEPA. This made reference to four houses however it is clear from the submissions the application is for six houses. SEPA have considered the submissions and have no objection. They note the proposed and existing ground levels and conclude the houses will not be at risk from river flooding. They are satisfied that safe access and egress for persons on foot, or with assistance, is achievable in an emergency. Page 83 of 152
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Surface water is to be disposed of by way of porous paving to provide surface water storge and treatment run off. There is no information on the suitability of the ground to accommodate this type of drainage system. Scottish Water confirm there is public drainage infrastructure in the area so it is not clear why the proposed houses would propose private drainage arrangements and not connect to the public works. Should permission be approved, details of the drainage arrangements are required. The site will be accessed from what appears to be a historic access which has not been used for some time. This is relatively narrow between 3 and 4.3 metres wide with a brick wall to one side and mature trees at the top of the riverbank to the other. This also requires the loss of a mature category A tree. The Council’s Senior Manager Neighbourhood Services (Roads) does not raise any road safety concerns regarding housing here but they make comment on the details of the proposal stating the width of the access should be a minimum of 4.8 metres. This is not achievable either within the site boundary or without removing mature ancient woodland and therefore having a significant adverse impact on the area. Two different swept path analysis have been submitted, one wholly within the application site and one including an area of land to the south by the access. Neither show the correct size of refuse vehicle in the analysis. It has not been demonstrated that the site can be accessed and serviced safely. Also the proposed access would have a significant adverse impact on mature trees and the landscape character of the area. Protected species have been adequately considered. With regards to the construction at the site, mitigation measures regarding ground conditions and contamination and/or previous mineral workings must be considered. The Council’s Senior Manager Protective Services has no objection to the proposal but recommends that conditions be attached to protect future occupants of the site. If approved, a scheme mitigating any contamination of the site and/or previous mineral workings, and the submission of a validation report(s) confirming the approved works have been carried out shall be required by planning condition. Details of any renewable energy equipment, including air or ground source heat pumps, would be required if permission is approved to ensure this is in keeping with and does not detract from the character, appearance or amenity of the area. The application site is covered by policy ENV4 which relates to prime agricultural land. Historically this area has not been used as agricultural land and so the proposal would not conflict with this policy. The planning authority generally requires developer contributions for proposals of three or more residential units and for developments under 10 units, the first two are exempt. Contributions would be required for four units towards education and community facilities. Should permission be supported, a legal agreement would need to be entered into to secure these contributions. In the interests of clarity, the planning statement says a Section 50 planning certificate has been issued in relation to the industrial use of the site under classes 4, 5 and 6 in connection with the proposed use as a licenced premises. A Section 50 Page 84 of 152
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planning certificate was submitted in 2022 but was withdrawn. The original planning permission for the buildings on site restricted the use to the storage, processing and packaging of compost, as part of a specific business operation and in accordance with particular details, or for agricultural purposes associated with the farming of the adjoining land. This also required in the event of the buildings no longer being required for these purposes, they were to be removed from the site and the land re- instated to its condition prior to their erection unless a further application for the re- use of the buildings or land has been approved. There is no record of any further planning application or permission here. The applicants were advised that planning permission was required for the woodworking workshop and provided with details of how to proceed. The Section 50 certificate was withdrawn and the applicant stated this would be resubmitted once this was resolved. No subsequent application was submitted. Recommendation: Refuse planning permission. Page 85 of 152
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Refusal of Planning Permission Town and Country Planning (Scotland) Act 1997 Reg. No. 25/00190/DPP Gray Planning and Development Ltd AYE House Admiralty Park Rosyth Dunfermline KY11 2YW Midlothian Council, as Planning Authority, having considered the application by Mr Archie Hunter, Orchard House, Whitehill Road, Rosewell, EH24 9EQ, which was registered on 14 April 2025 in pursuance of their powers under the above Acts, hereby refuse permission to carry out the following proposed development: Erection of 6 dwellinghouses, formation of access, drainage, landscaping and associated works at Armadilla, Whitehill Road, Rosewell, EH24 9EQ in accordance with the application and the following documents/drawings: Document/Drawing. Drawing No/Scale Dated Location Plan CDC/24/125/00 1:2500 14.04.2025 Topographical Survey (Existing) CDC/24/125/02 1:250 14.04.2025 Site Plan CDC/24/125/01 1:500 14.04.2025 Site Plan CDC/24/125/03 B 1:200 14.04.2025 Proposed Floor Plan CDC/24/125/03 1:50 14.04.2025 Proposed Floor Plan CDC/24/125/05 B 1:50 14.04.2025 Proposed Elevations CDC/24/125/05 B 1:50 14.04.2025 Street Scene CDC/24/125/07 B 1:100 14.04.2025 Landscaping plan L(90)0001 1:200 14.04.2025 Coal Mining Risk Assessment 14.04.2025 Other Statements Ground Investigation Report 14.04.2025 Other Statements Tree Survey and Arboricultural Constraints Assessment 14.04.2025 Ecology/Wildlife Report/Survey Preliminary Ecological Appraisal Report 11.08.2025 The reasons for the Council's decision are set out below: 1. The proposal does not promote the delivery of high quality and sustainable homes in the right location. The proposal is for a development of an unallocated site outwith the settlement boundary. Therefore, is contrary to the terms of policy 16 of the National Planning Framework 4. Appendix D Page 86 of 152
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Informative Note The proposed development lies within an area that has been defined by the Mining Remediation Authority as containing coal mining features at surface or shallow depth. These features may include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and former surface mining sites. Although such features are seldom readily visible, they can often be present and problems can occur, particularly as a result of new development taking place. Any form of development over or within the influencing distance of a mine entry can be dangerous and raises significant land stability and public safety risks. As a general precautionary principle, the Mining Remediation Authority considers that the building over or within the influencing distance of a mine entry should be avoided. In exceptional circumstance where this is unavoidable, expert advice must be sought to ensure a suitable engineering design which takes account of all relevant safety and environmental risk factors, including mine gas and mine-water. Your attention is drawn to the Mining Remediation Authority Policy in relation to new development and mine entries available at: https://www.gov.uk/government/publications/building-on-or-within-the-influencing-distance-of-mine- entries Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Mining Remediation Authority Permit. Such activities could include site investigation boreholes, excavations for foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Application forms for Mining Remediation Authority permission and further guidance can be obtained from The Mining Remediation Authority’s website at: www.gov.uk/get-a-permit-to-deal-with- a-coal-mine-on-your-property What is a permit and how to get one? https://www.gov.uk/government/publications/permit- process/permit-process In areas where shallow coal seams are present caution should be taken when carrying out any on site burning or heat focused activities. If any future development has the potential to encounter coal seams which require excavating, for example excavation of building foundations, service trenches, development platforms, earthworks, non-coal mineral operations, an Incidental Coal Agreement will be required. Further information regarding Incidental Coal Agreements can be found here - https://www.gov.uk/government/publications/incidental-coal-agreement/guidance-notes-for- applicants-for-incidental-coal-agreements If any coal mining features are unexpectedly encountered during development, this should be reported immediately to the Mining Remediation Authority on 0800 288 4242. Further information is available on the Mining Remediation Authority website at: Mining Remediation Authority https://www.gov.uk/government/organisations/mining-remediation- authority Informative Note valid from 1st January 2025 until 31st December 2026 Page 88 of 152
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Local Review Body Monday 23 March 2026 Item No 5.3 Notice of Review: Land to the Northeast of Fallhills Farmhouse, Penicuik Determination Report Report by Chief Officer Place 1 Purpose of Report 1.1 The purpose of this report is to provide a framework for the Local Review Body (LRB) to consider a ‘Notice of Review’ for an application for planning permission in principle for the erection of a dwellinghouse on land to the northeast of Fallhills Farmhouse, Penicuik. 2 Background 2.1 Planning application 25/00377/PPP for an application for planning permission in principle for the erection of a dwellinghouse on land to the northeast of Fallhills Farmhouse, Penicuik was refused planning permission on 20 October 2025; a copy of the decision is attached to this report. 2.2 The review has progressed through the following stages: 1 Submission of Notice of Review by the applicant. 2 The Registration and Acknowledgement of the Notice of Review. 3 Carrying out Notification and Consultation. 3 Supporting Documents 3.1 Attached to this report are the following documents: • A site location plan (Appendix A); • A copy of the notice of review form and supporting statement (Appendix B). Any duplication of information is not attached; • A copy of the case officer’s report (Appendix C); • A copy of the decision notice, excluding the standard advisory notes, issued on 20 October 2025 (Appendix D); and • A copy of the key plans/drawings (Appendix E). 3.2 The full planning application case file and the development plan policies referred to in the case officer’s report can be viewed online via www.midlothian.gov.uk. 4 Procedures 4.1 In accordance with agreed procedures, the LRB: Page 95 of 152
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• Have determined to undertake a site visit (only elected members attending the site visit can participate in the determination of the review); and • Have determined to progress the review by written submissions. 4.2 The case officer’s report identified that there were four consultation responses, and one representation received. As part of the review process the interested parties were notified of the review – one additional comment has been received from the representor reinforcing their objection to the application. All comments can be viewed online on the electronic planning application case file. 4.3 The next stage in the process is for the LRB to determine the review in accordance with the agreed procedure: • Identify any provisions of the development plan which are relevant to the decision; • Interpret them carefully, looking at the aims and objectives of the plan as well as detailed wording of policies; • Consider whether or not the proposal accords with the development plan; • Identify and consider relevant material considerations for and against the proposal; • Assess whether these considerations warrant a departure from the development plan; and • State the reason/s for the decision and state any conditions required if planning permission is granted. 4.4 In reaching a decision on the case the planning advisor can advise on appropriate phraseology and on appropriate planning reasons for reaching a decision. 4.5 Following the determination of the review the planning advisor will prepare a decision notice for issuing through the Chair of the LRB. A copy of the decision notice will be reported back to the LRB for noting. 4.6 A copy of the LRB decision will be placed on the planning authority’s planning register and made available for inspection online. 5 Conditions 5.1 In accordance with the procedures agreed by the LRB at its meeting of 20 June 2022, and without prejudice to the determination of the review, the following conditions have been prepared for the consideration of the LRB if it is minded to uphold the review and grant planning permission. 1. The development to which this permission relates shall commence no later than the expiration of five years beginning with the date of this permission. Reason: To accord with the provisions of Section 59(2) of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning (Scotland) Act 2019). Page 96 of 152
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2. Development shall not begin until an application for the approval of matters specified in conditions for the following details has been submitted to and approved in writing by the planning authority: a) A detailed layout plan of the site, showing the siting of the proposed house, details of vehicular access, parking provision and manoeuvring within the site and details of all walls, fences or other means of enclosure, including bin stores or other ancillary structures; b) Existing and finished ground levels and floor levels for all buildings, open space and access roads in relation to a fixed datum; c) Detailed plans, sections and elevations of the proposed house, indicating the colour and type of materials to be used on the external walls, roof and windows; d) Details of all hard surfacing; e) Details of a sustainability/biodiversity scheme for the site, including the provision of house bricks and boxes for bats and swifts; f) Details of the provision of superfast broadband connections for the house; g) Details of the provision of electric vehicle charging stations for the house; h) Proposals for the treatment and disposal of foul and surface water drainage from the proposed house and a surface water management system. Unless otherwise approved in writing by the planning authority, the surface water drainage shall comply with the standards detailed in the SUDS Manual; and i) Details of a scheme of existing and proposed landscaping at the site and a plan and planting schedule detailing the position, number, size and species of all trees and shrubs that are proposed to be planted; all vegetation on the site which are to be removed and retained; and details of the means of protection of all trees that are to be retained. Reason: Permission is granted in principle only. No details were approved with the application and detailed consideration is required for the siting, massing and design of the proposed dwellinghouse and site access arrangements; to ensure protected species are not adversely affected. In accordance with NPF4 1,2, 3, 6, 14, 17 and 22 and MLDP policy DEV5, DEV6, DEV7, RD1, ENV7 and ENV10. 3. The house approved in terms of conditions 2a) and 2c) shall be a maximum of two storeys high with the upper level of accommodation provided wholly within the roof space. Reason: To be in keeping with the surrounding houses within the housing group; to protect the visual amenity of the surrounding rural area in accordance with NPF4 policy 17 and MLDP Policy RD1. 4. Before the house is occupied the installation of the means of drainage treatment and disposal approved in terms of Condition 2h) shall be completed. Page 97 of 152
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Reason: To ensure that the house is provided with adequate drainage facilities prior to occupation. In accordance with NPF4 policy 1, 2 and 17 and MLDP policy ENV10. 5. The scheme of landscaping approved in accordance with condition 2i) shall include details of native tree and hedgerow planting along the site boundaries. 6. The scheme of landscaping approved in accordance with condition 2i) shall be carried out and completed within six months of the house being completed or brought into use, whichever is the earlier date. Any trees removed, dying severely damaged or becoming seriously diseased within five years of planting shall be replaced in the following planting season by trees of a size and species similar to those originally required. Reason for conditions 5 and 6: To ensure the landscaping is appropriate to the rural surroundings and integrates the development into the area; to ensure that the landscaping is carried out and becomes successfully established. In accordance with NPF4 policies 3. 7. No development shall take place until an application for approval of matters specified in conditions for a programme of archaeological works (Monitored Soil Strip) in accordance with a written scheme of investigation which has been submitted to an approved in writing by the planning authority. Reason: To ensure this development does not result in the unnecessary loss of archaeological material in accordance with policies ENV24 and ENV25 of the adopted Midlothian Local Development Plan. 8. Development shall not begin until an application for approval of matters specified in conditions for a scheme to deal with any contamination of the site and/or previous mineral workings has been submitted to and approved by the planning authority. The scheme shall contain details of the proposals to deal with any contamination and/or previous mineral workings and include: i. the nature, extent and types of contamination and/or previous mineral workings on the site; ii. measures to treat or remove contamination and/or previous mineral workings to ensure that the site is fit for the uses hereby approved, and that there is no risk to the wider environment from contamination and/or previous mineral workings originating within the site; iii. measures to deal with contamination and/or previous mineral workings encountered during construction work; and iv. the condition of the site on completion of the specified decontamination measures. Before any part of the site is occupied for the use proposed, the measures to decontaminate the site shall be fully implemented as approved by the planning authority. Page 98 of 152
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9. On completion of the decontamination/remediation works referred to in condition 5, and prior to any building on the site being occupied or brought onto use, a validation report or reports shall be submitted to the planning authority confirming that the works have been carried out in accordance with the approved scheme. No part of the development shall be occupied unless or until the planning authority have approved the required validation. Reason for conditions 8 and 9: To ensure that any contamination on the site is adequately identified and that appropriate decontamination measures are undertaken to mitigate the identified risk to site users and construction workers, built development on the site, landscaped areas, and the wider environment. 6 Recommendations 6.1 It is recommended that the LRB: a) determine the review; and b) the planning advisor draft and issue the decision of the LRB through the Chair Peter Arnsdorf Head of Placemaking Date: 12 March 2026 Report Contact: Jack Wilson – Planning Officer Jack.Wilson2@midlothian.gov.uk Background Papers: Planning application 25/00377/PPP available for inspection online. Page 99 of 152
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Fairfield House 8 Lothian Road Dalkeith EH22 3ZN Tel: 0131 271 3302 Fax: 0131 271 3537 Email: planning- applications@midlothian.gov.uk Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid. Thank you for completing this application form: ONLINE REFERENCE 100719375-002 The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application. Applicant or Agent Details Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting on behalf of the applicant in connection with this application) Applicant Agent Agent Details Please enter Agent details Company/Organisation: Ref. Number: You must enter a Building Name or Number, or both: * First Name: * Building Name: Last Name: * Building Number: Address 1 Telephone Number: * (Street): * Extension Number: Address 2: Mobile Number: Town/City: * Fax Number: Country: * Postcode: * Email Address: * Is the applicant an individual or an organisation/corporate entity? * Individual Organisation/Corporate entity QB Wood Architects Sarah Brown The Station Masters Office QB Wood Architects 0131 319 1260 EH30 9JP UK South Queensferry Station Road sarah@qbwoodarchitects.com Appendix B Page 101 of 152
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Applicant Details Site Address Details Mr . Midlothian Council Lambie Fallhills Fymelea EH26 8QE Land To North East Of Fallhills Farmhouse, Fallhills, Penicuik UK 658359 Penicuik 325301 Page 102 of 152
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Description of Proposal Please provide a description of your proposal to which your review relates. The description should be the same as given in the application form, or as amended with the agreement of the planning authority: * (Max 500 characters) Type of Application What type of application did you submit to the planning authority? * Application for planning permission (including householder application but excluding application to work minerals). Application for planning permission in principle. Further application. Application for approval of matters specified in conditions. What does your review relate to? * Refusal Notice. Grant of permission with Conditions imposed. No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal. Statement of reasons for seeking review You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement must set out all matters you consider require to be taken into account in determining your review. If necessary this can be provided as a separate document in the ‘Supporting Documents’ section: * (Max 500 characters) Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce all of the information you want the decision-maker to take into account. You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that time or that it not being raised before that time is a consequence of exceptional circumstances. Have you raised any matters which were not before the appointed officer at the time the Yes No Determination on your application was made? * If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before your application was determined and why you consider it should be considered in your review: * (Max 500 characters) Erection new dwelling house Please refer to supporting statement Page 103 of 152
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Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters) Application Details Please provide the application reference no. given to you by your planning authority for your previous application. What date was the application submitted to the planning authority? * What date was the decision issued by the planning authority? * Review Procedure The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case. Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other parties only, without any further procedures? For example, written submission, hearing session, site inspection. * Yes No Please indicate what procedure (or combination of procedures) you think is most appropriate for the handling of your review. You may select more than one option if you wish the review to be a combination of procedures. Please select a further procedure * Please explain in detail in your own words why this further procedure is required and the matters set out in your statement of appeal it will deal with? (Max 500 characters) In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion: Can the site be clearly seen from a road or public land? * Yes No Is it possible for the site to be accessed safely and without barriers to entry? * Yes No Planning Appeal Supporting Statement / Planning in Principle Refusal Notice / Planning in Principle Application Form / Drawing no. 25032 - E01 & P01 / Email correspondence with Planner / Previous Outline Planning (Ref: 09/00283/OUT) Refusal Notice / Previous Outline Planning (Ref: 09/00283/OUT) Planning Report 25/00377/PPP 20/10/2025 By means of inspection of the land to which the review relates 11/07/2025 We suggest a site visit to review the cluster of buildings and the gap site where we are proposing the new house. Page 104 of 152
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Checklist – Application for Notice of Review Please complete the following checklist to make sure you have provided all the necessary information in support of your appeal. Failure to submit all this information may result in your appeal being deemed invalid. Have you provided the name and address of the applicant?. * Yes No Have you provided the date and reference number of the application which is the subject of this Yes No review? * If you are the agent, acting on behalf of the applicant, have you provided details of your name Yes No N/A and address and indicated whether any notice or correspondence required in connection with the review should be sent to you or the applicant? * Have you provided a statement setting out your reasons for requiring a review and by what Yes No procedure (or combination of procedures) you wish the review to be conducted? * Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review. Please attach a copy of all documents, material and evidence which you intend to rely on Yes No (e.g. plans and Drawings) which are now the subject of this review * Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice (if any) from the earlier consent. Declare – Notice of Review I/We the applicant/agent certify that this is an application for review on the grounds stated. Declaration Name: Mrs Sarah Brown Declaration Date: 16/01/2026 Payment Details Online payment: XMEP00008990 Payment date: 16/01/2026 18:47:00 Created: 16/01/2026 18:47 Page 105 of 152
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Midlothian Council Planning Department Fairfield House 8 Lothian Street DALKEITH Midlothian EH22 3AA 16 January 2026 25032 / 3.1 / CL160126-08 Dear Sirs, Fallhills Farm, Penicuik Ref: 25/00377/PPP Further to the Planning in Principle application (Ref: 25/00377/PPP) for the above, we would like to appeal this planning refusal dated the 20th October 2025. On behalf of our Client, Mr Lambie, we would like to include a supporting statement for your consideration. Relevant Planning History for the application site Prior to the recent Planning in Principle application, there were two previous applications for this site: 08/00632/OUT- Erection of dwellinghouse This application was withdrawn. 09/00283/OUT- Outline application for the erection of dwellinghouse This application was refused. The Outline Planning application (Ref: 09/00283/OUT) was a resubmission of the originally submitted Outline Planning application (Ref: 08/00632/OUT) which was withdrawn. The Outline Planning application (Ref: 09/00283/OUT) was refused for the following reasons: The proposed dwellinghouse does not comply with policy as the site is detached from the existing housing group as defined by Supplementary Planning Guidance Development in the Countryside: Policy DP1, Section 1.2 Housing Groups. The site is not located within a gap in the group or adjoining at least one side of the group. As such, the proposal does not comply with Midlothian Local Plan policies RP1, DP1 or Supplementary Planning Guidance Development in the Countryside: Policy DP1, Section 1.2 Housing Groups. It is our understanding that one of the main reasons for refusal is based on the house not being located within a gap site. We have added in the refusal notice and report for the Outline Planning application (Ref: 09/00283/OUT) into our supporting documents with the Notice of Review application. Page 106 of 152
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MIDLOTHIAN COUNCIL DEVELOPMENT MANAGEMENT PLANNING APPLICATION DELEGATED WORKSHEET: Planning Application Reference: 25/00377/PPP Site Address: Land to North East of Fallhills Farmhouse, Penicuik Site Description: This application relates to an open field located alongside the access road to Fallhills Farmhouse and Fallhills Court. The site measures 1435 square metres and the terrain is flat. There are a mix of dwellings and agricultural buildings to the south and west of the site which form the Fallhills housing group. There is an access track bounding the site leading to an agricultural shed. Proposed Development: Application for planning permission in principle for erection of dwellinghouse Proposed Development Details: The applicant is seeking planning permission in principle (PPP) for the erection of a single dwellinghouse. As this is an application for PPP, there are no further details to consider. Background (Previous Applications, Supporting Documents, Development Briefs): • July 2010 – Outline planning permission for the erection of dwellinghouse was refused (planning reference: 09/00283/OUT). The wider Fallhills housing group has been subject to a number of applications which are also of relevance to the assessment of this application. • August 2010 – Outline planning permission for erection of dwellinghouse was approved subject to conditions. The assessment of the application set out that the dwelling was appropriately sited to be an acceptable addition to the existing housing group. A following application for detailed planning permission was approved (planning reference: 11/00727/DPP). • January 2011 – Outline planning permission for the erection of dwellinghouse at land adjacent to Fallhills Farmhouse was refused. The assessment of the application set out that the dwelling was not sited appropriately to contribute to the existing housing group. The decision was appealed and overturned at the Local Review Body (planning reference: 09/00302/OUT). A following application for detailed planning permission was approved (planning reference: 11/00824/DPP). • November 2023 – Planning permission in principle for erection of dwellinghouse was refused. The assessment of the application set out the dwelling was not sited appropriately to contribute to the existing housing group and would have detrimental impacts on local landscape. The decision was appealed and overturned at the Local Review Body (planning reference: 23/00332/PPP). A following application for detailed planning permission was approved (planning reference: 24/00732/DPP). Appendix C Page 109 of 152
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Consultations: • Scottish Water have no objection to the proposal. The consultation response set out that there is no public wastewater infrastructure within the vicinity of this development site, it is advised that private treatment options are investigated. • The Council’s Archaeology Officer has no objection to the proposal subject to the imposition of a planning condition requiring a Programme of Archaeological Works (Monitored Soil Strip). • The Council’s Senior Manager Neighbourhood Services (Roads) objects to the proposal. The reasons for this are set out under the Planning Issues section. • The Council’s Senior Manager Protectorate Service have no objection to the proposal did not provide comment on the application. Representations: One letter of objection was submitted. The material considerations include: • Non-compliance with MLDP Policy RD1. Relevant Planning Policies: The relevant policies of National Planning Framework 4 are; • Policy 1 Tackling the climate and nature crisis sets out to encourage, promote and facilitate development that addresses the global climate emergency and nature crisis; • Policy 2 Climate mitigation and adaptation sets out to encourage, promote and facilitate development that minimises emissions and adapts to the current and future impacts of climate change; • Policy 3 Biodiversity sets out to protect biodiversity, reverse biodiversity loss, deliver positive effects from development and strengthen nature networks; • Policy 5 Soils sets out to protect carbon-rich soils, restore peatlands and minimise disturbance to soils from development; • Policy 11 Energy sets out to encourage, promote and facilitate all forms of renewable energy development onshore and offshore. This includes energy generation, storage, new and replacement transmission and distribution infrastructure and emerging low-carbon and zero emissions technologies including hydrogen and carbon capture utilisation and storage (CCUS); • Policy 12 Zero waste sets out to encourage, promote and facilitate development that is consistent with the waste hierarchy; • Policy 13 Sustainable transport sets out to encourage, promote and facilitate developments that prioritise walking, wheeling, cycling and public transport for everyday travel and reduce the need to travel unsustainably; Page 110 of 152
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• Policy 14 Design, quality and place sets out to encourage, promote and facilitate well designed development that makes successful places by taking a design-led approach and applying the Place Principle; • Policy 15 Local Living and 20 minute neighbourhoods sets out to encourage, promote and facilitate the application of the Place Principle and create connected and compact neighbourhoods where people can meet the majority of their daily needs within a reasonable distance of their home, preferably by walking, wheeling or cycling or using sustainable transport options; • Policy 16 Quality homes sets out to encourage, promote and facilitate the delivery of more high quality, affordable and sustainable homes, in the right locations, providing choice across tenures that meet the diverse housing needs of people and communities across Scotland; • Policy 17 Rural homes sets out to encourage, promote and facilitate the delivery of more high quality, affordable and sustainable rural homes in the right locations; • Policy 19 Heating and cooling seeks to encourage, promote and facilitate development that supports decarbonised solutions to heat and cooling demand and ensure adaptation to more extreme temperatures; • Policy 20 Blue and green infrastructure sets out to protect and enhance blue and green infrastructure and their networks. • Policy 22 Flood risk and water management sets out to strengthen resilience to flood risk by promoting avoidance as a first principle and reducing the vulnerability of existing and future development to flooding; • Policy 23 Health and safety sets out to protect people and places from environmental harm, mitigate risks arising from safety hazards and encourage, promote and facilitate development that improves health and wellbeing; and • Policy 24 Digital infrastructure sets out to encourage, promote and facilitate the roll-out of digital infrastructure across Scotland to unlock the potential of all our places and the economy. The relevant policies of the 2017 Midlothian Local Development Plan are; • DEV5 Sustainability in New Development sets out the requirements for development with regards to sustainability principles; • DEV6 Layout and Design of New Development requires good design and a high quality of architecture, in both the overall layout of developments and their constituent parts. The layout and design of developments are to meet listed criteria; • DEV7 Landscaping in New Development requires development proposals to be accompanied by a comprehensive scheme of landscaping. The design of the scheme is to be informed by the results of an appropriately detailed landscape assessment; • TRAN5 Electric Vehicle Charging seeks to support and promote the development of a network of electric vehicle charging stations by requiring provision to be considered as an integral part of any new development or redevelopment proposals; Page 111 of 152
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• IT1 Digital Infrastructure supports the incorporation of high speed broadband connections and other digital technologies into new homes, business properties and redevelopment proposals; • RD1 Development in the Countryside states development in the countryside will only be permitted if: it is required for the furtherance of agriculture, including farm related diversification, horticulture, forestry, countryside recreation or tourism; it accords with other named policies; or it accords with the Council’s Supplementary Guidance on Development in the Countryside and Green Belt. All such development will need to be: of a scale and character appropriate to the rural area and well integrated into the rural landscape; capable of being serviced with an adequate and appropriate access; capable of being provided with drainage and a public water supply at reasonable cost, or an acceptable private water supply, avoiding unacceptable discharge to watercourses; and accessible by public transport and services, within 1 mile of a bus route with a frequency of 1 bus per hour. In the case of businesses, these should not be primarily of a retail nature and do not harm the amenity of nearby residents through unacceptable levels of noise, light or traffic; • ENV7 Landscape Character states that development will not be permitted where it significantly and adversely affects local landscape character. Where development is acceptable, it should respect such character and be compatible in terms of scale, siting and design. New development will normally be required to incorporate proposals to maintain the diversity and distinctiveness of the local landscapes and to enhance landscape characteristics where they have been weakened. Supplementary Guidance for Housing Development in the Countryside and Green Belt has been prepared to expand policy RD1 and the criteria to be met in such proposals. This provides some support the development of one house where there is a group of 5 or more existing dwellinghouses. A house may be permitted where there is small-scale infill within such groups. Houses should generally be located within any gaps in the group. Where there are no gaps, consideration will be given to locations adjoining the existing group, particularly where there is a site that adjoins the group on two sides. Where there are existing physical or visual barriers separating the site or where distance results in the site being remote from the host group, development will not be acceptable. Proposals in open fields adjoining a group, which have not physical features to provide containment will not be acceptable. Proposals which impact adversely on trees, hedgerow and boundary features, or are located on the opposite side of physical features which form strong boundaries for a group will not be acceptable. The design of any proposed dwelling is an important consideration. Development must be small-scape in relation to the existing group and respect the character, cohesiveness and amenity of the group being extended. Planning Issues: The main planning issue to be considered is whether or not the proposal complies with the development plan policies and, if not, whether there are any material planning considerations which would otherwise justify approval. Page 112 of 152
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The Planning Authority has restrictive planning policies with regards to new housing proposals within the countryside. These restrictions aim to prevent the creeping suburbanisation of the countryside which is under significant pressure due to the convenient commuting distance to Edinburgh. However, there are enabling policies within the adopted Midlothian Local Development Plan and NPF4 which support residential developments within the countryside in some instances, subject to specific criteria. Policy RD1 of the MLDP, policy 17 of NPF4 and the related supplementary guidance includes several sections where houses in the countryside could be acceptable in planning terms. The proposed house is not required for the furtherance of an established countryside activity, nor is it a replacement house or for the conversion or redevelopment of existing redundant farm buildings or other non-residential buildings. The proposal is not an enabling development where it is clearly shown that this is the only means of preventing the loss of a heritage asset and securing its long-term future. The site is not allocated for housing within the LDP nor is it brownfield land. This is not a single home for the retirement succession of a viable farm holding, nor is this the subdivision of an existing residential dwelling. The proposal does not reinstate a former dwelling house nor is it a one-for-one replacement of an existing permanent house. Policy RD1 provides some support for houses in groups where 1 new dwelling is permitted during the plan period where there are 5 existing units. The Fallhills housing group currently consists of 10 existing dwellings with an additional dwelling approved (23/00332/PPP and 24/00732/DPP - Land at Fallhills). The approved dwelling was permitted by the Local Review Body as part of the housing group. MLDP Policy RD1 does not permit any further dwellings in this plan period and as such there is no policy support from either NPF4 or MLDP. Furthermore, the site is not situated within a sustainable location. The site is not within close proximity to any public transport or existing walking/cycling routes, meaning the development would be entirely car dependant. NPF4 sets a strong precedent against such development Notwithstanding the lack of policy support, the details of the proposal need to be given some consideration. The application site area is sufficiently large to be able to accommodate a dwellinghouse, garden ground, turning area and parking. Landscaping the site to integrate any house into the area would be required. The site is served by an existing access. The Council’s Senior Manager Neighbourhood Services (Roads Officer) have objected to the proposal. The service views the continued expansion of Fallhills as a situation which would now require road improvements, connections to active travel routes and facilitate safe routes to school. Where there is an existing access serving a small number of properties it may be acceptable to allow additional properties to be constructed without the requirement for major upgrade works. It is a national standard that a maximum of 6 dwellings should be served by a private access road and it is within the remit of the Roads Service to determine if upgrade works be required. In this instance, the Roads authority outlines that a Road Construction Consent (RCC) would be required Page 113 of 152
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so the access could be brought up to an adoptable standard. This would be required to include road improvements, lighting installation and a footpath towards Penicuik. The planning authority consider that road upgrades would be required to facilitate existing and ongoing development in this location. However, the formation of an adoptable standard road including the associated infrastructure may not be appropriate for this rural setting. Notwithstanding the lack of policy support, this further emphasises that additional development in this location is unsustainable. Recommendation: Refuse Page 114 of 152
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Local Review Body Monday 23 March 2026 Item No 5.4 Notice of Review: Land at Mossbank, 30 Howgate, Penicuik Determination Report Report by Chief Officer Place 1 Purpose of Report 1.1 The purpose of this report is to provide a framework for the Local Review Body (LRB) to consider a ‘Notice of Review’ for the erection of dwellinghouse, formation of access, landscaping and associated works at land at Mossbank, 30 Howgate, Penicuik. 2 Background 2.1 Planning application 25/00163/DPP for the erection of dwellinghouse, formation of access, landscaping and associated works at land at Mossbank, 30 Howgate, Penicuik was refused planning permission on 3 November 2025; a copy of the decision is attached to this report. 2.2 The review has progressed through the following stages: 1 Submission of Notice of Review by the applicant. 2 The Registration and Acknowledgement of the Notice of Review. 3 Carrying out Notification and Consultation. 3 Supporting Documents 3.1 Attached to this report are the following documents: • A site location plan (Appendix A); • A copy of the notice of review form and supporting statement (Appendix B). Any duplication of information is not attached; • A copy of the case officer’s report (Appendix C); • A copy of the decision notice, excluding the standard advisory notes, issued on 3 November 2025 (Appendix D); and • A copy of the key plans/drawings (Appendix E). 3.2 The full planning application case file and the development plan policies referred to in the case officer’s report can be viewed online via www.midlothian.gov.uk. 4 Procedures 4.1 In accordance with agreed procedures, the LRB: Page 119 of 152
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• Have determined to undertake a site visit (only elected members attending the site visit can participate in the determination of the review); and • Have determined to progress the review by written submissions. 4.2 The case officer’s report identified that there were three consultation responses, and no representations received. As part of the review process the interested parties were notified of the review – no additional comments have been received. All comments can be viewed online on the electronic planning application case file. 4.3 The next stage in the process is for the LRB to determine the review in accordance with the agreed procedure: • Identify any provisions of the development plan which are relevant to the decision; • Interpret them carefully, looking at the aims and objectives of the plan as well as detailed wording of policies; • Consider whether or not the proposal accords with the development plan; • Identify and consider relevant material considerations for and against the proposal; • Assess whether these considerations warrant a departure from the development plan; and • State the reason/s for the decision and state any conditions required if planning permission is granted. 4.4 In reaching a decision on the case the planning advisor can advise on appropriate phraseology and on appropriate planning reasons for reaching a decision. 4.5 Following the determination of the review the planning advisor will prepare a decision notice for issuing through the Chair of the LRB. A copy of the decision notice will be reported back to the LRB for noting. 4.6 A copy of the LRB decision will be placed on the planning authority’s planning register and made available for inspection online. 5 Conditions 5.1 In accordance with the procedures agreed by the LRB at its meeting of 20 June 2022, and without prejudice to the determination of the review, the following conditions have been prepared for the consideration of the LRB if it is minded to uphold the review and grant planning permission. 1. The development to which this permission relates shall commence no later than the expiration of three years beginning with the date of this permission. Reason: To accord with the provisions of Section 58 of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning (Scotland) Act 2019). Page 120 of 152
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2. Prior to the commencement of development, the following details shall be submitted to and approved in writing by the planning authority: a) Details and samples of all proposed external materials; b) Details of the position, design, materials, dimensions and finish of all walls, fences, gates or other means of enclosure, including retaining structures; c) Proposals for the treatment and disposal of foul and surface water drainage; d) Details of the proposed zero or low carbon technology; e) Details of a sustainability/biodiversity scheme for the site, including the provision of house bricks and boxes for bats and swifts and small mammal passage points in every third panel in any fencing; f) Existing and finished ground levels for all buildings and open space in relation to a fixed datum; g) Details of a scheme of landscaping for the site. Details shall include the position, number, size and species of all trees and shrubs that are proposed to be planted, as well as identifying all trees on site which are proposed to be removed and retained; and h) Details of a scheme of tree protection measures. Development shall thereafter be carried out in accordance with the approved details or such alternatives as may be agreed in writing with the planning authority. Reason: To ensure the house is finished in high quality materials; to protect the visual amenity of the surrounding rural area; to ensure the house is provided with adequate amenity; to help integrate the proposal into the surrounding area. In accordance with NPF4 1,2, 3, 6, 14, 17 and 22 and MLDP policy DEV5, DEV6, DEV7, RD1, ENV7 and ENV10. 3. Before the house is occupied the installation of the means of drainage treatment and disposal approved in terms of Condition 2c) shall be completed. Reason: To ensure that the house is provided with adequate drainage facilities prior to occupation. In accordance with NPF4 policy 1, 2 and 17 and MLDP policy ENV10. 4. The scheme of landscaping approved in accordance with condition 2g) shall include details of native tree and hedgerow planting along the site boundaries. 5. The scheme of landscaping approved in accordance with condition 2g) shall be carried out and completed within six months of the house being completed or brought into use, whichever is the earlier date. Any trees removed, dying severely damaged or becoming seriously diseased within five years of planting shall be replaced in the following planting season by trees of a size and species similar to those originally required. Page 121 of 152
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Reason for conditions 4 and 5: To ensure the landscaping is appropriate to the rural surroundings and integrates the development into the area; to ensure that the landscaping is carried out and becomes successfully established. In accordance with NPF4 policy 3 and MLDP Policy 7. 6. Development shall not begin until details, including a timetable of implementation, of superfast broadband have been submitted to and approved in writing by the planning authority. The details shall include delivery of superfast broadband prior to the occupation of the dwellinghouse. The delivery of superfast broadband shall be implemented as per the approved details. Reason: To ensure the quality of the development is enhanced by the provision of appropriate digital infrastructure in accordance with the requirements of policy IT1 of the Midlothian Local Development Plan. 7. Development shall not begin until details of the provision and use of electric vehicle charging stations throughout the development have been submitted to and approved in writing by the planning authority. Development shall thereafter be carried out in accordance with the approved details or such alternatives as may be approved in writing by the planning authority. Reason: To ensure the development accords with the requirements of policy TRAN5 of the Midlothian Local Development Plan 2017. 8. No development shall take place until an application for approval of matters specified in conditions for a programme of archaeological works (Monitored Soil Strip) in accordance with a written scheme of investigation which has been submitted to an approved in writing by the planning authority. Reason: To ensure this development does not result in the unnecessary loss of archaeological material in accordance with policies ENV24 and ENV25 of the adopted Midlothian Local Development Plan. 9. Development shall not begin until a scheme to deal with any contamination of the site and/or previous mineral workings has been submitted to and approved by the planning authority. The scheme shall contain details of the proposals to deal with any contamination and/or previous mineral workings and include: i. the nature, extent and types of contamination and/or previous mineral workings on the site; ii. measures to treat or remove contamination and/or previous mineral workings to ensure that the site is fit for the uses hereby approved, and that there is no risk to the wider environment from contamination and/or previous mineral workings originating within the site; iii. measures to deal with contamination and/or previous mineral workings encountered during construction work; and iv. the condition of the site on completion of the specified decontamination measures. Page 122 of 152
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Before any part of the site is occupied for the use proposed, the measures to decontaminate the site shall be fully implemented as approved by the planning authority. 10. On completion of the decontamination/remediation works referred to in condition 9, and prior to any building on the site being occupied or brought onto use, a validation report or reports shall be submitted to the planning authority confirming that the works have been carried out in accordance with the approved scheme. No part of the development shall be occupied unless or until the planning authority have approved the required validation. Reason for conditions 9 and 10: To ensure that any contamination on the site is adequately identified and that appropriate decontamination measures are undertaken to mitigate the identified risk to site users and construction workers, built development on the site, landscaped areas, and the wider environment. In accordance with NPF4 policy 23 and MLDP policy ENV16. 11. The Design and installation of the heat pump(s) is such that any associated noise complies with NR20 (window open standard) when measured within any neighbouring living apartment 12. Pre-commissioning tests of any consented pump(s) are carried out to demonstrate that the NR20 criterion has been met prior to the unit being brought into use. Reason for conditions 11 and 12: To ensure that the dwelling and neighbouring dwellings are afforded an adequate level of amenity, in compliance with NPF4 policy 17 and MLDP ENV18. 13. No development shall commence until (excluding demolition of existing structures and site clearance): a. a scheme of intrusive investigations has been carried out on site to establish the risks posed to the development by past shallow coal mining activity; and b. any remediation works and/or mitigation measures to address land instability arising from coal mining legacy, as may be necessary, have been implemented on site in full in order to ensure that the site is made safe and stable for the development proposed. The intrusive site investigations and remedial works shall be carried out in accordance with authoritative UK guidance. 14. Prior to the occupation of the development, or it being taken into beneficial use, a signed statement or declaration prepared by a suitably competent person confirming that the site is, or has been made, safe and stable for the approved development shall be submitted to the local planning authority for approval in writing. This document shall confirm the methods and findings of the intrusive site investigations and the completion of any remedial works and/or mitigation necessary to address the risks posed by past coal mining activity. Page 123 of 152
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Reason for conditions 13 and 14: To ensure that any contamination or land stability from past shallow coal mining activity is adequately identified and that appropriate decontamination measures/ground mitigation measures are undertaken to mitigate the identified risk to site users and construction workers, built development on the site, landscaped areas, and the wider environment; to ensure the remediation works are undertaken. In accordance with NPF4 policy 23 and MLDP policy ENV16. 6 Recommendations 6.1 It is recommended that the LRB: a) determine the review; and b) the planning advisor draft and issue the decision of the LRB through the Chair Peter Arnsdorf Head of Placemaking Date: 12 March 2026 Report Contact: Jack Wilson – Planning Officer Jack.Wilson2@midlothian.gov.uk Background Papers: Planning application 25/00163/DPP available for inspection online. Page 124 of 152
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Fairfield House 8 Lothian Road Dalkeith EH22 3ZN Tel: 0131 271 3302 Fax: 0131 271 3537 Email: planning- applications@midlothian.gov.uk Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid. Thank you for completing this application form: ONLINE REFERENCE 100687329-014 The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application. Applicant or Agent Details Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting on behalf of the applicant in connection with this application) Applicant Agent Agent Details Please enter Agent details Company/Organisation: Ref. Number: You must enter a Building Name or Number, or both: * First Name: * Building Name: Last Name: * Building Number: Address 1 Telephone Number: * (Street): * Extension Number: Address 2: Mobile Number: Town/City: * Fax Number: Country: * Postcode: * Email Address: * Is the applicant an individual or an organisation/corporate entity? * Individual Organisation/Corporate entity Peter Alford Architect Peter Alford Tipperwell Way 19 - 07540-333075 EH26 8QP United Kingdom Pencuik Howgate peteralfordarchitect@gmail.com Appendix B Page 126 of 152
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Applicant Details Site Address Details Other MOSSBANK Dr C. Midlothian Council Milne HOWGATE Howgate 30 Mossbank PENICUIK EH26 8QB EH26 8QB Scotland 657691 Penicuik 324777 Page 127 of 152
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Description of Proposal Please provide a description of your proposal to which your review relates. The description should be the same as given in the application form, or as amended with the agreement of the planning authority: * (Max 500 characters) Type of Application What type of application did you submit to the planning authority? * Application for planning permission (including householder application but excluding application to work minerals). Application for planning permission in principle. Further application. Application for approval of matters specified in conditions. What does your review relate to? * Refusal Notice. Grant of permission with Conditions imposed. No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal. Statement of reasons for seeking review You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement must set out all matters you consider require to be taken into account in determining your review. If necessary this can be provided as a separate document in the ‘Supporting Documents’ section: * (Max 500 characters) Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce all of the information you want the decision-maker to take into account. You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that time or that it not being raised before that time is a consequence of exceptional circumstances. Have you raised any matters which were not before the appointed officer at the time the Yes No Determination on your application was made? * If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before your application was determined and why you consider it should be considered in your review: * (Max 500 characters) Erection of dwellinghouse, formation of access, landscaping and associated works at Land at Mossbank, 30 Howgate, Penicuik, EH26 8QB See submitted 'Notice of Review Statement' reference 2311-NRS01 prepared by the applicant. Page 128 of 152
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Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters) Application Details Please provide the application reference no. given to you by your planning authority for your previous application. What date was the application submitted to the planning authority? * What date was the decision issued by the planning authority? * Review Procedure The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case. Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other parties only, without any further procedures? For example, written submission, hearing session, site inspection. * Yes No Please indicate what procedure (or combination of procedures) you think is most appropriate for the handling of your review. You may select more than one option if you wish the review to be a combination of procedures. Please select a further procedure * Please explain in detail in your own words why this further procedure is required and the matters set out in your statement of appeal it will deal with? (Max 500 characters) In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion: Can the site be clearly seen from a road or public land? * Yes No Is it possible for the site to be accessed safely and without barriers to entry? * Yes No If there are reasons why you think the local Review Body would be unable to undertake an unaccompanied site inspection, please explain here. (Max 500 characters) 2311-NRS01 Notice of Review Statement 25/00163/DPP 03/11/2025 By means of inspection of the land to which the review relates No. (The Local Review Body would be able to undertake an unaccompanied site inspection). 07/04/2025 It is considered imporatnt for a site inspection to take place to appreciate the comments of the Notice of Review Statement prepared by the applicant. Page 129 of 152
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Checklist – Application for Notice of Review Please complete the following checklist to make sure you have provided all the necessary information in support of your appeal. Failure to submit all this information may result in your appeal being deemed invalid. Have you provided the name and address of the applicant?. * Yes No Have you provided the date and reference number of the application which is the subject of this Yes No review? * If you are the agent, acting on behalf of the applicant, have you provided details of your name Yes No N/A and address and indicated whether any notice or correspondence required in connection with the review should be sent to you or the applicant? * Have you provided a statement setting out your reasons for requiring a review and by what Yes No procedure (or combination of procedures) you wish the review to be conducted? * Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review. Please attach a copy of all documents, material and evidence which you intend to rely on Yes No (e.g. plans and Drawings) which are now the subject of this review * Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice (if any) from the earlier consent. Declare – Notice of Review I/We the applicant/agent certify that this is an application for review on the grounds stated. Declaration Name: Mr Peter Alford Declaration Date: 26/01/2026 Fee Exemption Reason I used the fee calculator and my application / request for local review / appeal is not subject to fee Page 130 of 152
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NOTICE OF REVIEW STATEMENT (REF: 2311-NRS01) APPLICATION REF: 25/00163/DPP Land at ‘Mossbank’, 30 Howgate, Penicuik, EH26 8QB - Erection of Dwellinghouse I am appealing against the decision of the Planning Authority in relation to my application for a new dwellinghouse. I disagree with the reasons given in the Refusal of Planning Permission notice. It is my opinion that the dwelling has been designed to be sympathetic to the character of the original building and, therefore, would not have a detrimental effect on the visual amenity of the surrounding area. The ‘Planning Application Delegated Worksheet’ which accompanied the Refusal of Planning Permission indicated more specifically the concerns that resulted in the refusal and I would like to address these comments as follows: 1. I do not consider that the new house would constitute an unsuitable development in the countryside. Although the application site is regarded as ‘countryside’ under the Midlothian Development Plan, the site is within the Howgate boundary and already has an established use as ‘residential’. The proposal represents an ideal opportunity to introduce an entry-level dwellinghouse in the Howgate area and would appear to be consistent with the ‘right homes in the right places’ intention of the Scottish Government’s ‘Rural and Islands Action Plan’ published in 2023. There is a lack of affordable dwellinghouses in the surrounding area and I consider that my proposal would contribute to creating a more balanced mix of age group and income in Howgate. Recent planning approvals for new dwellinghouses in the area have been for substantial 5 or more bedroom properties (eg ‘Lamb’s View’ at Fallhills (see Fig.1) and ‘Manor House’ at Leadburn (see Fig.2). Fig.1 Fig.2 ‘Lamb’s View’, Fallhills ‘Manor House’, Leadburn (completed c.2024) (completed c.2024) Page 131 of 152
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Additionally, in the Howgate area and in Howgate itself, recent planning approvals have seen agricultural land lost to residential use to create a new dwellinghouse adjacent to ‘Noblehall’, Howgate under application ref. 22/00127/PPP (see Fig.3) and a new dwellinghouse adjacent to ‘Meyerling’ under application ref. 23/00187/DPP (see Fig.4). Approval has also been given to extend existing gardens at 22 and 23 Tipperwell Way, Howgate across agricultural land under applications ref. 15/00794/DPP and 22/00236/DPP respectively. Fig.3 Proposed new dwellinghouse adjacent to ‘Noblehall’, Howgate (under construction) Fig.4 Proposed new dwellinghouse adjacent to ‘Meyerling’, By Howgate (not commenced to-date) 2. I disagree that the resultant development would not be perceived as a building group. Although the resultant development would not form a ‘group’ of 5 dwellings (as preferred by Policy of RD1 of the MLDP), it is my view that it would be perceived as a group of 3 dwellings by proximity to the neighbouring ‘Mossbank’, 30 Howgate and ‘Old Walltower’, 28 Howgate dwellings. The above small group of dwellings followed by open space before the built-up area of Howgate would signal the beginning of the village when approached from the south on the A6094 in much the same way as the group of Cleikhimin cottages (again, followed by open space before the built-up area) signal the beginning of the village when approaching from the north on the A6094 (see Fig.5 ‘Aerial View of Howgate’). Page 132 of 152
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Ultimately, it would seem that both the south and north extremities of the village will merge with the built-up area of the village by the planning department’s favoured area for development within the ‘Glebe’ (across the now disused allotments area) and the approved development of the open space adjacent to ‘Noblehall’, By Howgate (now under construction) – see Fig.5 ‘Aerial View of Howgate’. Fig.5 Fig.6 Aerial View of Howgate (c.2024) Historic Map of Howgate (c.1888) -current ‘Mossbank’ boundary outlined in red It should also be noted that the ‘Mossbank’ site has previously been occupied by a large group of barn structures providing a ‘threshing hub’ for local farmers – these structures were substantial with a footprint far exceeding the combined total of the existing and proposed house footprints (see Fig.6 ‘Historic Map of Howgate’). Page 133 of 152
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The extent of the original barn structures is outlined on the proposed site plan below indicated in a blue dashed line (see Fig.7 ‘Proposed Site Plan’). Fig.7 Proposed Site Plan showing outline of original threshing barns (as interpreted from 1888 map) 3. I do not consider that the new house is in an unsustainable location in respect of proximity to public transport. It is my intention to ‘downsize’ from the existing house on the site (ie. ‘Mossbank’) to the proposed dwellinghouse – this will allow me to remain in Howgate and maintain my home- base of many years. It is acknowledged that, since the bus service to the Howgate village bus stop was suspended during the Covid years, the nearest bus stop at Wellington is now 1.2 miles away from the site (ie 0.2 miles above the preferred limit of 1.0 miles). It should be noted, however, that the Wellington X62 service is now ‘bike-friendly’ enabling cycling to overcome the ‘first/last mile’ problem and, ultimately, reduce car dependency. Naturally, it is hoped by local residents that the Howgate bus service will be reinstated. Adherence to other sustainability standards was addressed in a separate ‘Design, Nature and Climate Statement’ submitted with the planning application (ref. 2311-DS02). Page 134 of 152
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4. I disagree that the form of the building is inconsistent and not appropriately orientated. The one and a half-storey and single-storey combination of building forms is typical of the area and, indeed, it should be noted that this design approach has been deemed acceptable on recently constructed dwellinghouses in close proximity to the application site such as Court House, By Howgate (see Fig.8) and 23A Howgate, Howgate (see Fig.9). Fig.8 Fig.9 ‘Court House’, By Howgate 23A Howgate, Howgate -viewed from Milkhall Pond Lane -viewed from drive When viewed from the A6094, the new dwellinghouse would appear as an ancillary building to the existing house. If the main aspect of the new dwelling faced the road as suggested in the delegated worksheet, it is considered that the more traditional styling would ‘jar’ with the adjacent 1950’s styling of the existing house and, in particular, with the high level eaves line and steep hipped roofs (see Fig.10 and Fig.11). Fig.10 Fig.11 ‘Mossbank’ ‘Mossbank’ -viewed from rear garden - viewed from parking area Indeed, the ancillary building appearance of the new dwellinghouse would resemble the style of the originally approved 1½ storey outbuilding within the garden ground of ‘The Farmhouse’ at Leadburn (application ref. 21/00131) – later re-designed and approved as a detached ‘granny annexe’. Page 135 of 152
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Although the new dwellinghouse would have a footprint of 95m² square metres, ‘Mossbank’ sits on a generous plot of 2200m² and, as acknowledged in the aforementioned ‘The Farmhouse’ application approval documentation, ‘large detached outbuildings are a common feature of rural properties’ (see Fig.12). Fig.12 Fig.13 ‘The Farmhouse’, Leadburn ‘Liongate Manor’ (left) and ‘Court House’ (right) (new dwelling to left, ‘The Farmhouse’ to right) By Howgate The main aspect, therefore, looks to the west and, when viewed from the countryside would appear in much the same way as the main aspects of the nearby ‘Liongate Manor’ and ‘Court House’ off Milkhall Pond Lane, By Howgate (see Fig.13). 5. I do not consider that the design of the new dwellinghouse is ‘unclear’. It is my opinion that the criticism of the overall design of the new dwellinghouse was fundamentally due to the subjective and personal preferences of the case officer. The proposed building employs traditional forms with contemporary detailing which is a design approach that has been considered acceptable for new dwellinghouses approved under the Former Howgate Restaurant site application (which will become the nearest neighbouring houses to the south) and the new dwellinghouse application at the ‘Annfield’ site at Loanstone (see Fig.14 and Fig.15 respectively). Fig.14 Fig.15 New dwellinghouses, Former Howgate Restaurant New dwellinghouse, ‘Annfield’ By Howgate Loanstone Page 136 of 152
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Furthermore, Midlothian’s ‘Low Density Housing Supplementary Guidance (Adopted)’, indicates that the approach of ‘interpreting traditional shapes into a modern context as being recommended’. I am, however, still willing to ask my architect to make modest revisions to my proposals and would be happy to discuss any suggestions that the Local Review Body might have to reach a mutual decision. 6. I do not consider that the new dwellinghouse would have a detrimental impact on the existing landscape, wildlife and habitat. A certain amount of the small trees and shrubs area planted by me in 2013 would need to be removed or pruned to allow for the construction of the new dwellinghouse, parking area/drive and rear lawn. Nearly all of the existing hedging and trees along the south and east boundaries, however, would be retained to provide screening of the new dwellinghouse and create containment for the newly formed plot. New ‘reinforcement planting’ would be added where considered appropriate. This would comprise of native trees, shrubs and planting to offer food and nesting places for birds and insects. Later planting will be planned to attract bees, butterflies, moths and other useful insects. The existing barn owl population will continue to be supported by the retention of the existing nest boxes at ‘Mossbank’. It should be noted that all healthy mature trees on the site will be retained (see Fig. 16 and Fig.17) and will be protected by temporary high level fencing throughout the construction phase of the project. Fig.16 Fig.17 View looking north towards site from A6094 View looking south towards site from ‘The Glebe’ For privacy, new high and low level timber fencing and hedging would be provided along the new dwellinghouse/Mossbank boundary. Additionally, the setting out of the boundary between the new house and the existing house (following the line of existing low-level wall structures) ensures that existing areas of special planting and the pond will be undisturbed by the new works (see Fig. 7 ‘Proposed Site Plan’). Page 137 of 152
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7. I disagree that the new house does not demonstrate a reasonable level of residential amenity with regard to noise. I acknowledge that, due to the proximity of the site to the A6094, Midlothian Council’s Environmental Health Officer may have concerns in terms of noise. Discussions have taken place with an acoustic consultant and, if required, they would be able to offer advice on glazing, ventilation and site screening. The design has, however, already taken into account the possibility of noise impact. The main living and bedroom areas are positioned on the rear garden side and, to an extent, are shielded by the Hall, Utility and Study projection on the road side. Additionally, substantial existing and new planting is provided between the house and both the road and adjacent field on the east and south boundaries respectively. It is also noted that there are recent examples of new dwellinghouses being approved for sites that are closer to the Leadburn-Auchendinny road than my proposal without any noticeable measures being undertaken to lessen traffic noise (see Fig.18 and Fig.19). Fig.18 44A The Brae, Auchendinny Fig.19 21, 23 & 23A Howgate, Howgate -viewed from The Brae -viewed from A6094 A separate ‘Noise Impact Assessment Statement’ was submitted with the planning application (ref. 2311-DS02). As a general comment, I was disappointed that such a modest proposal was not encouraged by the planning department and was viewed so negatively from the outset. Although the site is not classed as a ‘preferred plot’ in Midlothian’s ‘Low Density Rural Housing Supplementary Guidance’, the guidance does advise that this should ‘not preclude alternative sites being considered’. . Prior to my pre-pIanning enquiry and planning permission applications, I had noticed that a number of recent applications had been approved in areas not specifically allocated for residential development and, initially, not always satisfying the relevant policies of the ‘National Planning Framework 4’ or the ‘Midlothian Local Development Plan’. Page 138 of 152
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Examples of the above included the aforementioned ‘Noblehall’ application (which was not originally accepted as part of the ‘Cleikhimin’ group) and the ‘Meyerling’ and ‘Former Howgate Restaurant’ applications (which, when approved, resulted in the original SPG ‘Meyerling and Mosshouses’ group limit of 6 dwellings being exceeded by a total of 8 new dwellings). Since my proposal would occupy land already established as residential use, I had thought that such a beneficial addition to the housing stock might be regarded more favourably. Finally, I consider it important to note that no objections were received from the public through the planning application process and it was observed that all public comments in response to local press and online reports of the refusal were very supportive of such a development in the village (eg. see ‘edinburghlive’ 06/11/2025). Dr C. Milne (Applicant) 27 January 2026 Page 139 of 152
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MIDLOTHIAN COUNCIL DEVELOPMENT MANAGEMENT PLANNING APPLICATION DELEGATED WORKSHEET: Planning Application Reference: 25/00163/DPP Site Address: Land At Mossbank, 30 Howgate, Penicuik Site Description: The application site covers an area of approximately 2375 square metres consisting of garden ground and part of a greenhouse associated with the neighbouring residential dwelling to the north (Mossbank). The site is generally flat, sloping gently to the west and is covered in a mix of mature and young trees and shrubs. The site is defined as being within the countryside in the Midlothian Local Development Plan. The village of Howgate and the Howgate Conservation Area are to the north of the site. Proposed Development: Erection of dwellinghouse, formation of access, landscaping and associated works. Proposed Development Details: On the application site, vegetation clearance would take place and the existing greenhouse removed. A one and a half-storey T- shaped dwelling would be erected, covering an area of 256 square metres. The dwelling would incorporate traditional and contemporary design in its form and materials. Vehicular access would be taken from the existing driveway to the neighbouring house, via the A6094. A parking area would be formed in the southeast of the site with the remaining land set aside for garden ground and landscaping. The site would be bound by a 1.8m high fence. Background (Previous Applications, Supporting Documents, Development Briefs): There is no planning history relevant to this application. Consultations: • The Coal Authority have no objection to the application subject to the imposition of conditions. • The Council’s Senior Officer Neighbourhood Services has no objection to the proposals. They do raise some safety concerns regarding possible issues relating to the proposed gated access. • The Council’s Senior Officer Protective Service raises concerns that the proposal would not meet council design standards for residential noise in relation to anonymous noise sources, in this case noise from the A6094. Appendix C Page 140 of 152
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Re esentations: one Relevant Planning Policies: The relevant policies of National Planning Framework 4 are; • Policy 1 Tackling the climate and nature crises; sets out to encourage, promote and facilitate development that addresses the global climate emergency and nature crisis. • Policy 2 Climate mitigation and adaptation; sets out to encourage, promote and facilitate development that minimises emissions and adapts to the current and future impacts of climate change. • Policy 3 Biodiversity; sets out to protect biodiversity, reverse biodiversity loss, deliver positive effects from development and strengthen nature networks. • Policy 4 Natural Places; sets out to protect, restore and enhance natural assets making best use of nature-based solutions. • Policy 7 Historic assets and places; sets out to protect and enhance historic environment assets and places, and to enable positive change as a catalyst for the regeneration of places. • Policy 14 Design, quality and place; sets out to encourage, promote and facilitate well designed development that makes successful places by taking a design-led approach and applying the Place Principle. • Policy 16 Quality homes; sets out to encourage, promote and facilitate the delivery of more high quality, affordable and sustainable homes, in the right locations, providing choice across tenures that meet the diverse housing needs of people and communities across Scotland. • Policy 17 Rural Homes; supports development proposals or new homes in rural areas where the development is suitably scaled, sited and designed to be in keeping with the character of the area and the development, and meets set conditions including where the site is allocated for housing within the local development plan. Development proposals for new homes in rural areas shall consider how the development will contribute towards local living. • Policy 22 Flood risk and water management; sets out to strengthen resilience to flood risk by promoting avoidance as a first principle and reducing the vulnerability of existing and future development to flooding. • Policy 23 Health and Safety; sets out to protect people and places from environmental harm, mitigate risks arising from safety hazards and encourage, promote and facilitate development that improves health and wellbeing. • Policy 29 Rural development; sets out to encourage rural economic activity, innovation and diversification whilst ensuring that the distinctive character of the rural area and the service function of small towns, natural assets and cultural heritage are safeguarded and enhanced. The relevant policies of the 2017 Midlothian Local Development Plan are; • Policy RD1: Development in the Countryside sets out where appropriate development would be acceptable in the countryside subject to defined criteria. The policy states that proposals for development will be of an appropriate scale and character appropriate to the rural area and well- integrated to the rural landscape. It also sets out that development in the Page 141 of 152
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countryside will only be permitted if it is required for the furtherance of agriculture, including farm related diversification, horticulture, forestry, countryside recreation or tourism; it accords with policies RD2, MIN1, NRG1 or NRG2; or it accords with the Council’s Supplementary Guidance on Development in the Countryside and Green Belt. For housing, this is limited to homes required to support an established countryside activity. • Policy DEV5: Sustainability in New Development sets out the requirements for development with regards to sustainability principles. • Policy DEV6: Layout and Design of New Development states that good design and a high quality of architecture will be required in the overall layout of development proposals. This also provides guidance on design principles for development, materials, access, and passive energy gain, positioning of buildings, open and private amenity space provision and parking. • Policy DEV7: Landscaping in New Development requires development proposals to be accompanied by a comprehensive scheme of landscaping. The design of the scheme is to be informed by the results of an appropriately detailed landscape assessment. • Policy ENV7: Landscape Character states that development will not be permitted where it significantly and adversely affects local landscape character. Where development is acceptable, it should respect such character and be compatible in terms of scale, siting and design. New development will normally be required to incorporate proposals to maintain the diversity and distinctiveness of the local landscapes and to enhance landscape characteristics where they have been weakened. • Policy ENV10: Water Environment requires that new development pass surface water through a sustainable urban drainage system (SUDS) to mitigate against local flooding and to enhance biodiversity and the environment. • Policy ENV11: Woodland, Trees and Hedges states that development will not be permitted where it could lead directly or indirectly to the loss of, or damage to, woodland, groups of trees (including trees covered by a Tree Preservation Order, areas defined as ancient or semi-natural woodland, veteran trees or areas forming part of any designated landscape) and hedges which have a particular amenity, nature conservation, biodiversity, recreation, landscape, shelter, cultural, or historical value or are of other importance. • Policy ENV18: Noise requires that where new noise sensitive uses are proposed in the locality of existing noisy uses, the Council will seek to ensure that the function of established operations is not adversely affected. • Policy ENV19: Conservation Areas states that development will not be permitted within or adjacent to conservation areas where it would have any adverse effect on its character or appearance. Relevant Supplementary Guidance includes: Midlothian Council’s Housing Development in the Countryside and Green Belt Supplementary Guidance relates principally to Policy RD1. All development is required to be of a scale and character that is appropriate to the rural landscape, be capable of being services with an adequate and appropriate access, be capable of being provided with drainage and public water supply and be accessible by public Page 142 of 152
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transport (either within 1 mile of services such as shops or schools or to a bus service of at least 1 per hour). Planning Issues: The main planning issue to be considered is whether or not the proposal complies with the development plan policies and, if not, whether there are any material planning considerations which would otherwise justify approval. The Planning Authority has restrictive planning policies with regards to new housing proposals within the countryside. These restrictions aim to prevent the creeping suburbanisation of the countryside which is under significant pressure due to the convenient commuting distance to Edinburgh. However, there are enabling policies within the adopted Midlothian Local Development Plan and NPF4 which support residential developments within the countryside in some instances, subject to specific criteria. Policy RD1 of the MLDP, policy 17 of NPF4 and the related supplementary guidance includes several sections where houses in the countryside could be acceptable in planning terms. The proposed house is not required for the furtherance of an established countryside activity, nor is it a replacement house of for the conversion or redevelopment of existing redundant farm buildings or other non-residential buildings. The proposal is not an enabling development where it is clearly shown that this is the only means of preventing the loss of a heritage asset and securing its long-term future. The site is not allocated for housing within the LDP nor is it brownfield land. This is not a single home for the retirement succession of a viable farm holding, nor is this the subdivision of an existing residential dwelling. The proposal does not reinstate a former dwelling house nor is it a one-for-one replacement of an existing permanent house. There is no support for a house in principle through NPF4. Policy RD1 of the MLDP, and associated supplementary guidance, provides some support for houses in groups where a new dwelling is permitted during the plan period where there are five or more existing dwellinghouses. The supporting statement submitted sets out that this dwelling would establish a new housing group. This is incorrect, the site is adjacent to a single dwelling, with a further dwelling to the north which do not form part of any existing housing group and so the proposal does not benefit from this policy consideration. Furthermore, the site is not situated within a sustainable location. The site is not in the proximity of any public transport or existing walking/cycling routes, meaning the development would be entirely car dependant. NPF4 sets a strong precedent against such development. Notwithstanding the lack of policy support, the details of the proposal need to be given consideration. The site is sufficiently large to be able to accommodate a dwellinghouse, ample garden ground and parking. Page 143 of 152
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The dwelling is appropriately scaled for its location but the form of the building is inconsistent and incongruous within itself and with the surrounding area. The building is not appropriately orientated, with the primary elevation (west elevation) at the rear of the building, rather than fronting the road. This elevation is traditional in style, replicating a traditional one and a half storey rural dwelling. It is not clear why this elevation would face away from the road. This aspect is contrary to the supporting statement which sets out that the dwelling would maintain the linear development pattern of the village. The relationship between the dwellings of Howgate and the A6094 are paramount to its character, the proposed dwelling does not reflect this. The design of the dwelling looks to combine traditional design elements with contemporary rural design. Given the traditional elevation is to the rear of the dwellings, the dominant feature of the dwelling is a contemporary block protruding from the east elevation. This section of building further confuses the design with two extensions on the north and south elevations, giving the appearance of a traditional agricultural barn when viewed from the east elevation. The materials include white render, larch cladding and natural slate are complimentary to each other with grey upvc windows and doors which, while acceptable, are not the most appropriate option given the setting adjacent to the conservation area. Overall, the design of the dwelling is unclear. The dwelling would not reinforce a linear effect of Howgate to the north by way of its siting or design. The site is adjacent to the Howgate Conservation Area, the proposals impact on this is a relevant consideration. The dominant characteristic of Howgate is that of a linear settlement with a strong relationship to the A6094. Houses are single or two storey, traditional in appearance, comprised of stone with some rendered and painted. This proposal would be visible on the approach into Howgate, travelling northwards on the A6094. The site is set sufficiently away from the conservation area boundary, having a negligible impact on the character and appearance of the conservation area. The development raises some concerns regarding existing landscaping. A considerable number of existing trees and shrubs would be removed to accommodate the dwelling, access, parking and usable garden ground. No tree survey or arboricultural impact assessment have been submitted; this factor has therefore not been fully considered. The mix of existing vegetation within the site (both young and mature) will provide shelter and diverse habitat for wildlife, as well as a connection between woodlands and tree belts within the wider landscape. The potential impacts of the development on protected species and their habitat have not been fully assessed in the application package. With regard to residential amenity, the dwelling would likely not be impacted from overlooking from the neighbouring dwelling due to the proposed boundary treatments and fenestration. Despite the site containing a number of trees and shrubs, there would be no overshadowing concerns in the short term. It may be the case that tree felling may take place in the long term if overshadowing becomes a significant issue on the site. The Council’s Senior Officer Protective Services raised concern that due to the proximity of the site to the road, there may be an impact on residential amenity from noise. A noise impact assessment was requested to allow Page 144 of 152
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this factor to be fully considered. This was not carried out, the justification for this relies on this being considered with the design of the dwelling with habitable rooms to the rear. Additionally, the applicant raises the point that the road is now under a 20mph speed limit and notes similar applications which are located on the A6094 and the A701. As the noise impact assessment was not carried out, it is not possible to determine that the dwelling would meet the Midlothian Council design standards for residential use, in relation to anonymous noise sources. It is therefore not possible to determine that suitable levels of residential amenity would be met. The existing access off the A6094 would be widened to accommodate the increase in vehicles. The Council’s Senior Officer Neighbourhood Services views the access as being suitable for an additional dwelling but set out that the gate should be set back to prevent vehicles blocking the road. This could be secured by condition. The application is supported with limited information regarding surface and foul water drainage. It is stated that the existing arrangement for the neighbouring dwelling will be utilised, although it is not set out on the submitted plans what route the required infrastructure would take or if this would be sufficient to meet the needs of a second dwelling. This could be secured by condition. The site is defined as being in a High-Risk Development Zone by The Coal Authority. A Coal Mining Risk Assessment has been submitted and The Coal Authority concur with its conclusions. Coal mining legacy poses a risk to the proposed development and further investigations are required, as well as possible remedial measures, to ensure the safety and stability of the proposed development. This would be secured by condition. Recommendation: Refuse Page 145 of 152
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Refusal of Planning Permission Town and Country Planning (Scotland) Act 1997 Reg. No. 25/00163/DPP Peter Alford Architect 19 Tipperwell Way Howgate Pencuik EH26 8QP Midlothian Council, as Planning Authority, having considered the application by Ms C Milne, Mossbank, Howgate, Penicuik, EH26 8QB, which was registered on 7 April 2025 in pursuance of their powers under the above Acts, hereby refuse permission to carry out the following proposed development: Erection of dwellinghouse, formation of access, landscaping and associated works at Land At Mossbank, 30 Howgate, Penicuik in accordance with the application and the following documents/drawings: Document/Drawing. Drawing No/Scale Dated C - PSAD Location Plan PSAD 2311-LP01 Rev A 07.04.2025 C - PSAD Site Plan PSAD 2311-PL01 Rev A 1:200 07.04.2025 C - PSAD Elevations, Floor Plan and Cross Sections PSAD 2311-PL02 Rev A 1:100 PROPOSED 07.04.2025 C - PSAD External Works Elevations PSAD 2311-PL03 1:50 07.04.2025 C - PSAD Site Plan PSAD 2311-SU01 Rev A 1:200 07.04.2025 D - Design Statement 07.04.2025 D - Coal Mining Risk Assessment 08.08.2025 D - Noise Impact Assessment Statement 08.10.2025 The reasons for the Council's decision are set out below: 1. The application site is on the outskirts of Howgate, beyond the defined boundary of the built environment. The application has not demonstrated, to the satisfaction of the Planning Authority, compliance with any of the relevant criteria of NPF4 Policy 17 and MLDP Policy RD1 and its associated supplementary guidance and, as a result, constitutes an unsuitable development in the countryside. 2. It has not been justified that the proposed development has been sited in a sustainable location and it fails to address the global climate crisis in this respect. Therefore, the proposed development does not comply with the aims of NPF4 and policies 1, 13 and 14 of NPF4 specifically and MLDP policy RD1 and its associated supplementary guidance. Appendix D Page 146 of 152
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Informative Note The proposed development lies within an area that has been defined by the Mining Remediation Authority as containing coal mining features at surface or shallow depth. These features may include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and former surface mining sites. Although such features are seldom readily visible, they can often be present and problems can occur, particularly as a result of new development taking place. Any form of development over or within the influencing distance of a mine entry can be dangerous and raises significant land stability and public safety risks. As a general precautionary principle, the Mining Remediation Authority considers that the building over or within the influencing distance of a mine entry should be avoided. In exceptional circumstance where this is unavoidable, expert advice must be sought to ensure a suitable engineering design which takes account of all relevant safety and environmental risk factors, including mine gas and mine-water. Your attention is drawn to the Mining Remediation Authority Policy in relation to new development and mine entries available at: https://www.gov.uk/government/publications/building-on-or-within-the-influencing-distance-of-mine-entries Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Mining Remediation Authority Permit. Such activities could include site investigation boreholes, excavations for foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Application forms for Mining Remediation Authority permission and further guidance can be obtained from The Mining Remediation Authority’s website at: www.gov.uk/get-a-permit-to-deal-with-a-coal-mine-on-your-property What is a permit and how to get one? https://www.gov.uk/government/publications/permit-process/permit- process In areas where shallow coal seams are present caution should be taken when carrying out any on site burning or heat focused activities. If any future development has the potential to encounter coal seams which require excavating, for example excavation of building foundations, service trenches, development platforms, earthworks, non-coal mineral operations, an Incidental Coal Agreement will be required. Further information regarding Incidental Coal Agreements can be found here - https://www.gov.uk/government/publications/incidental-coal- agreement/guidance-notes-for-applicants-for-incidental-coal-agreements If any coal mining features are unexpectedly encountered during development, this should be reported immediately to the Mining Remediation Authority on 0800 288 4242. Further information is available on the Mining Remediation Authority website at: Mining Remediation Authority https://www.gov.uk/government/organisations/mining-remediation- authority Informative Note valid from 1st January 2025 until 31st December 2026 Page 148 of 152
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