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Agenda Document Pack - Local Review Body - 11/05/2026

Midlothian Council · 11 May 2026
Back to Local Review Body — 11 May 2026 and its agenda

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Page 1

Notice of Meeting and Agenda 
Local Review Body 
Venue:  Normandy Court/ Hybrid, 
Normandy Court, 20 Normandy Dr, Dalkeith, EH22 1JG 
Date:  Monday, 11 May 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 
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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 the meeting of Local Review Body of 23 March 2026
submitted for approval
3 - 8 
5          Public Reports
5.1 Notice of Review: Land Adjacent 34 Mavisbank, Loanhead
Determination Report, report by Chief Officer Place
9 - 40 
6          Private Reports 
No items for discussion 
7          Date of Next Meeting 
The next meeting will be held on Monday 15 June 2026. 
Plans and papers relating to the applications on this agenda can also be
viewed at  https://planning-applications.midlothian.gov.uk/OnlinePlanning 
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INTERNAL USE ONLY
DRAFT BY/DATE: 
REVIEW BY/DATE:
1-993 
Minute of Meeting 
Local Review Body
Monday 11 May 2026
Item No 4.1 
Local Review Body 
Date Time Venue
Monday 23 March 2026 13.00 Normandy Court/MS Teams 
Present: 
Councillor Imrie (Chair) Councillor Alexander 
Councillor Bowen  Councillor Cassidy
Councillor McEwan  Councillor Drummond (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 
The Chair welcomed everyone to the meeting of the Local Review Body (LRB). 
Apologies were submitted by Councillor McManus and Councillor Winchester.  
2. Order of Business 
The order of business is as outlined the agenda. 
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. 
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4. Minutes of Previous Meeting 
The Minute of the LRB Meeting of 2 February 2026 was unanimously approved as a
correct record. 
Councillor Smaill noted an arising matter for the LRB’s attention, Councillor Smaill
asked if there has been further information in relation to the electric charging point in
Pathhead and asked for LRB Members to be updated on where the decision will stand. 
The Head of Placemaking and Chief Planning Officer confirmed that Elected Members
were minded to grant the electric vehicle charging point subject to two conditions, first
being to formally notify Transport Scotland due to the nature of the works. This has
been actioned and Transport Scotland confirmed that the Council are free to reach
their own decisions. Secondly, the Head of Placemaking and Chief Planning Officer
was to check with Legal Services and confirmed that the Council is not liable for any
potential trip or risk hazard from the charging cable if the applicant is doing what they
have been granted planning permission for. 
Councillor McEwan asked who is responsible for maintaining the tarred area and
ensuring it is in good order. The Head of Placemaking and Chief Planning Officer
confirmed that it is not Midlothian Council’s responsibility, this would be down to the
landowner and Transport Scotland. 
Councillor Cassidy raised concern that electric vehicle charging is becoming a
common issue and asked if there could be a seminar in relation to electric cars and
charging of vehicles, as issues are currently taking months to come to a determination. 
The Chair shared their understanding that the policy was being looked at in relation to
electric vehicle charging and there will be some documentation included in the
Midlothian Local Development Plan 2 (MLDP). The Head of Placemaking and Chief
Planning Officer advised that the Council is working at the regional level in terms of its
own electric vehicle infrastructure project. There is a piece of work ongoing which has
previously resulted in a Council workshop with reports still to come. Within the
Councils parking standards there is reference to electric vehicle charging, however at
a previous Planning Committee there was a paper brought to update the current 2015
standards where Elected Members were not happy to go with the changes that were
proposed. The Head of Placemaking and Chief Planning Officer advised they would
be happy to bring back a paper to a future Planning Committee to update Elected
Members on the Council’s position in terms of operational matters. 
5. Reports and Items for Discussion 
Report
No.
Report Title Presented by:
5.1 25/00519/DPP - Land adjacent to
103 Lothian Street, Bonnyrigg
Head of Placemaking and
Chief Planning Officer 
The Head of Placemaking and Chief Planning Officer presented the report. 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. 
It is recommended that the LRB:
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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 Chair thanked the Head of Placemaking and Chief Planning Officer for the
report and opened to questions and comments from LRB Members. 
LRB Members highlighted their concerns around the unsightly hoarding that is
around the site and blocking access for the community to grounds that are owned
by Midlothian Council. 
Councillor Cassidy stated they were happy for the applicant to proceed with the
original application and planning permission that was approved in 2024. The
Chair seconded Councillor Cassidy’s suggestion to dismiss the appeal and go
ahead with the original planning permission that has previously been granted.
Councillor Cassidy added that they would like to add a condition that the
hoarding is taken down as soon as possible, and the applicant advised of a time
constraint to complete the ongoing work. 
The Head of Placemaking and Chief Planning Officer clarified that, if the
applicant implements the previously lodged application that was granted
planning permission during construction, they can make the site secure as per
the permitted development rights. It was confirmed that the hoarding that is
currently placed around the site is for security. Once the planning permission
previously granted is implemented the hoarding should be removed. It was
identified that Midlothian Council are still the landowners and the Councils Estate
Department would be in contact with the applicants regarding the fencing. 
The Head of Placemaking and Chief Planning Officer also confirmed the
planning permission granted in 2024 has a 3-year condition to implement the
work. Once the work has begun the Council do not have a mechanism to
forcefully have the work completed by a certain date. However, it was suggested
that the Head of Placemaking and Chief Planning Officer could liaise with the
Estates Department to ensure the progress of the works is monitored. 
Decision
LRB determined to uphold the decision of the Planning Department and refuse
this revised planning permission. LRB also determined to uphold the planning
permission granted in 2024.
Action
Planning Advisor will prepare a decision notice for issuing through the Chair of
the LRB. 
Report
No.
Report Title Presented by:
5.2 25/00190/DPP – Armadilla,
Whitehill Road, Rosewell
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
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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. 
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 
The Chair thanked the Head of Placemaking and Chief Planning Officer for the
report and opened to questions and comments from committee. 
LRB members noted that it was an interesting visit and highlighted the beautiful
grounds of the countryside, noting the only improvement to the area would be to
take down the buildings that are currently placed and to put up some luxury
buildings. 
Councillor Alexander shared their concern around the road leading down to the
area and those who use it, adding that they are not sure how substantial the
structure of the bridge is. 
Councillor Smaill noted that, whilst the existing buildings are unattractive to the
area, the site the planning application is on is enclosed by woodland and will not
be seen by anyone else. For this reason, Councillor Smaill moved to grant
planning permission. 
The Chair responded to Councillor Alexander’s concerns around the access
road, highlighting that Road Services have cleared the road and provided
assurance that the road has been checked. 
The Chair added that if LRB Members are minded to grant planning permission,
the terms and conditions in the paperwork would also be agreed to. LRB
Members unanimously agreed to uphold the appeal and grant planning
permission subject to the conditions specified in the report. 
The Head of Placemaking and Chief Planning Officer added that in the report
there is reference to the requirement of developer contributions due to the
application consisting of 6 units. 
Decision      
LRB determined to uphold the appeal and grant planning permission subject to
conditions specified in the report.
Action 
Planning Advisor will prepare a decision notice for issuing through the Chair of
the LRB. 
Report
No.
Report Title Presented by:
5.3
25/00377/PPP - Land to Northeast
of Fallhills Farmhouse,
Penicuik
Head of Placemaking and
Chief Planning Officer 
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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 an application for
planning permission in principle for the erection of a dwellinghouse on land to
the northeast of Fallhills Farmhouse, 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 
The Chair thanked the Head of Placemaking and Chief Planning Officer for the
report and opened to questions and comments from committee. 
Councillor Alexander shared their concern that a precedent is being set, and the
countryside is being subjected to more developments on this site. Councillor
Smaill also shared their reservations with houses in the countryside; however,
noted this application is out of view from the road and felt this particular location
would be okay. 
Councillor Drummond noted that the green areas surrounding the property
makes it feel that it is still part of the countryside however raised concern that
should more properties be built, the area would look more built up. 
Councillor McEwan added that they have no objections to the application
although added their concern around the size of the house that may come
forward to planning.  
The Head of Placemaking and Chief Planning Officer advised LRB Members
that, at the moment the design detail of the property has not been submitted. It
was clarified that, should planning permission be granted in principle, Officers
would be working with the applicant to produce a design compatible to the
buildings either side of it. 
Councillor Alexander moved to uphold the Officers proposal due to a precedent
being created to allow more building. Councillor Drummond seconded. 
Councillor Cassidy moved to uphold the appeal and grant planning permission,
this was seconded by Councillor Smaill. 
Therefore, due to a split in decision a roll call vote was performed, where there
was 4 for upholding the appeal and 3 for upholding the decision of the Planning
Department therefore LRB Members were overall in favour to uphold the appeal
and grant planning permission subject to the conditions specified in the report. 
Decision      
LRB determined to uphold the appeal and grant planning permission subject to
the conditions specified in the report.
Action
Planning Advisor will prepare a decision notice for issuing through the Chair of
the LRB. 
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Report
No.
Report Title Presented by:
5.4 25/00163/DPP - Land at
Mossbank, 30 Howgate, 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
dwellinghouse, formation of access, landscaping and associated works at land
at Mossbank, 30 Howgate, 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 
The Chair thanked the Head of Placemaking and Chief Planning Officer for the
report and opened to questions and comments from committee. 
Councillor Bowen moved to grant planning permission due to the application not
having an impact on the traffic in the area and the site not being visible from the
road. They also noted the greenery around the property that will be removed was
neglected. Councillor McEwan seconded the motion to grant planning
permission. 
Councillor Cassidy moved to dismiss the appeal due to the greenery that would
be removed from the property as they felt it was a sanctuary for wildlife. As there
was no seconder the motion fell, and the Chair moved to grant planning
permission subject to the conditions specified in the report. 
Decision      
LRB determined to uphold the appeal and grant planning permission subject to
conditions specified in the report. 
Action 
Planning Advisor will prepare a decision notice for issuing through the Chair of
the LRB. 
6. Date of next meeting 
The meeting concluded at 13:31pm. 
The next meeting of the LRB is scheduled for Monday 11 May 2026.
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Local Review Body
Monday 11 May 2026
Item No 5.1
Notice of Review: Land Adjacent 34 Mavisbank, Loanhead
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 change of
use of public open space to private garden ground at land adjacent 34
Mavisbank, Loanhead.
2 Background
2.1 Planning application 25/00568/DPP for the change of use of public
open space to private garden ground at land adjacent 34 Mavisbank,
Loanhead was refused planning permission on 12 January 2026; 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); and
• A copy of the decision notice, excluding the standard advisory
notes, issued on 12 January 2026 (Appendix D).
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:
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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 three representations received (objections).  As part of
the review process the interested parties were notified of the review –
one additional comment has been received reinforcing their objection. 
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 condition has 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).
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2. Notwithstanding the provisions of the Town and Country Planning
(General Permitted Development) (Scotland) Order 1992 (or any
Order revoking and re-enacting that order) no development shall be
carried out on the application site.
Reason: To safeguard the visual and residential amenity of the
surrounding area and the amenity of footpath users.
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:  30 April 2026
Report Contact:     Ingrid Forteath, Planning Officer
Ingrid.Forteath@midlothian.gov.uk
Background Papers: Planning application 25/00568/DPP available for
inspection online.
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N
Midlothian Council
Fairfield House
8 Lothian Road
Dalkeith, EH22 3AA
Reproduced from the Ordnance Survey map with the
permission of the controller of Her Majesty's Stationary Office.
Crown copyright reserved. Unauthorised reproduction infringes
Crown copyright and may lead to prosecution or civil
proceedings.
Planning Service
Place Directorate
Midlothian Council Licence No. AC0000811376 (2026)
Change of use of public open space to private garden
ground.
Land adjacent to 34 Mavisbank, Loanhead.
File No. 25/00568/DPP
Scale 1:250
Appendix A
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Page 1 of 5
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 100750750-001
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 actingon behalf of the applicant in connection with this application)
 Applicant  Agent
Applicant Details
Please enter Applicant details
Title: You must enter a Building Name or Number, or both: *
Other Title: Building Name:
First Name: * Building Number:
Address 1
Last Name: * (Street): *
Company/Organisation Address 2:
Telephone Number: * Town/City: *
Extension Number: Country: *
Mobile Number: Postcode: *
Fax Number:
Email Address: *
Mr
Ho-Yin
Yip 34 Mavisbank
34
Mavisbank
EH20 9DE
United Kingdom
Loanhead
Appendix B
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Site Address Details
Planning Authority:
Full postal address of the site (including postcode where available):
Address 1:
Address 2:
Address 3:
Address 4:
Address 5:
Town/City/Settlement:
Post Code:
Please identify/describe the location of the site or sites
Northing Easting
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.
34 MAVISBANK
Change of use of an area of public open space adjacent to 34 Mavisbank, Loanhead, to private garden ground, with no
operational development, structures, boundary treatments or hard surfacing proposed at this stage.
Midlothian Council
LOANHEAD
EH20 9DE
665257 328280
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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)
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? *
The decision is unsound due to misapplication of NPF4 Policy 16(h), failure to properly assess material health considerations,
reliance on speculative future development not forming part of the application, and inconsistent planning judgment. Full grounds
are set out in the attached statement.
Appeal statement (Pillars 1–4); GP consultation evidence; medical reports (ADHD, autism, anxiety, musculoskeletal); medication
records; Joint Disability Impact Statement; Carer Statement; applicant response to representations; Boundary Treatment
Statement; planning history and permissions for 28 Mavisbank; site plans and application drawings.
25/00568/DPP
12/01/2026
23/10/2025
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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)
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
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.
By means of inspection of the land to which the review relates
Further written submissions on specific matters
A site inspection is required to understand the physical context, including the open character of the land, absence of enclosure or
built development, and its relationship to the terrace. It will assist in assessing the limited impact of the proposal and in comparing
it with nearby properties, including 28 Mavisbank, where more intrusive development has been permitted.
Further written submissions may be required to address any specific points raised by the planning authority or Local Review Body,
including clarification of the health evidence, scope of the proposal, and planning context. This will assist in ensuring that all
material considerations are fully understood and properly assessed.
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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 Ho-Yin Yip
Declaration Date: 11/04/2026
Fee Exemption Reason
This is an appeal or request for local review and is not subject to a fee
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MIDLOTHIAN COUNCIL
DEVELOPMENT MANAGEMENT 
PLANNING APPLICATION DELEGATED WORKSHEET:
Planning Application Reference:25/00568/dpp
Site Address: Land adjacent to 34 Mavisbank, Loanhead
Site Description:
The application property comprises an area of open space adjacent to 34
Mavisbank, which comprises an end terraced two storey dwelling house, located
within a residential area. The open space comprises of an area of grassed open
space measuring a maximum of approx. 5m wide and a maximum of approx. 14 m
deep and approx. 54sq.m in area. Google maps show mature shrubs and leylandii
planting along the northwest boundary of no. 34 in August of 2025. This has since
been removed. 
Proposed Development:
Change of use of public open space to private garden ground
Proposed Development Details:
It is proposed to change the area of grassed open space to the northwest of no 34
Mavisbank to private garden ground. 
The applicant has stated that at this stage no boundary treatment works, structures
or hard surfaces are proposed. It is stated that it is proposed to regularise the
existing boundary with details of any future changes to be submitted for assessment.
The submitted supporting statement however states that one of the reasons for the
application is to create a safe enclosed outdoor space. 
Background (Previous Applications, Supporting Documents, Development
Briefs):
History sheet checked.
The applicant has submitted a statement in support of the application detailing the
personal circumstances of the occupiers of the property at no. 34 stating that the
change of use is intended to improve access, safety, health, and comfort of the
occupiers of no. 34. 
In response to the representations received the applicant has stated that; no
operational development is proposed in this submission and the application should 
be determined on the basis of the development proposed and not on hypothetical
future scenarios; the footpath will not be obstructed; the historic removal of planting
is not relevant to this application; and the application does not propose the removal
of a park, equipped play area, or formal recreational facility, nor does it propose
works that would sever pedestrian routes or wider connectivity. 
Consultations:
Appendix C
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Page 34

Loanhead and District Community Council – object to the proposal on the
following grounds: the Mavisbank estate was designed and built as a small housing
estate with public open space for the benefit of the residents of Loanhead; the open
area space is part of a pedestrian access which allows residents to walk from one
side of the estate to the other and originally had trees and shrubs growing which
added to the pleasant characteristics of the area; the loss of this area would have a
detrimental effect on the aesthetics of the area;  Midlothian Council should strive to
maintain ownership of any green spaces in Loanhead; and it is stated that once any
space is lost it will never be recovered 
Midlothian Council Housing Service- Housing would not support the sale of this
area of council land, as any development on it would remove the control for visibility
to the neighbouring property at number 36. 
Midlothian Council Estates Service – No response 
Midlothian Council Landscape Resource Services – No response 
Representations:
Three representations have been received objecting to the proposal on the following
grounds:
• The applicant does not specify the purpose for which the additional land is
required
• Submitted plans are unclear
• Possible future development of boundary treatment or an extension or garage
with construction impacting on the amenity of neighbouring properties 
• Impact on neighbouring properties in terms of outlook, light and access to
public open space
• Impact on sightlines
• Loss of well used public walkway and public open space, which is used by
children in the summer, to the disadvantage of the local community
• A hedge comprising of mature 4m high trees has been removed from around
no. 34 impacting on biodiversity
• Midlothian's Green Network Guidance identifies publicly accessible open
space, verges, planted boundaries, hedges and path networks as essential
components of the green network and highlights the duty to maintain them for
recreation, biodiversity and environmental quality. Granting this transfer would
directly contradict those aims.
• Approval would set an unwelcome precedent for similar proposals eroding the
character and amenity of the estate
• Impact on property value 
Relevant Planning Policies: 
Planning policy currently comprises National Planning Framework 4 and the adopted
Midlothian Local Development Plan 2017. The following policies are relevant to the
proposal: 
NPF4 
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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 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.
Policy 16  Quality homes
g) Householder development proposals will be supported where they:
i. do not have a detrimental impact on the character or environmental quality of the
home and the surrounding area in terms of size, design and materials; and
ii. do not have a detrimental effect on the neighbouring properties in terms of
physical impact, overshadowing or overlooking.
h) Householder development proposals that provide adaptations in response to risks
from a changing climate, or relating to people with health conditions that lead to
particular accommodation needs will be supported.
The relevant policy of the Midlothian Local Development Plan 2017 is;
DEV2 – Protecting amenity within the built-up area - seeks to protect the character
and amenity of the built-up area. 
Midlothian Green Network Supplementary Guidance
Para 1.1.2 In Midlothian, the green network is connected areas of green
and blue features within, around and between towns and villages that
provide usable open space, routes for walking, cycling and horse riding,
habitats for wildlife and plants, and natural surface water and flood
water management opportunities. Green networks include green features like parks,
woodlands, trees, planted areas, hedges, verges, allotments, community growing
spaces, outdoor play and sports areas and gardens…… When considered together
as a network, these green and blue features (referred to as components in this
document) provide important assets that contribute to place and environmental
quality, opportunities for shelter, access and travel, sustainable urban drainage,
pollution mitigation, wildlife habitats and to climate change mitigation and
adaptation.
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 central issue in the consideration of the application is the potential impact of the
proposal on the visual amenity of the surrounding area. The submitted plans are
acceptable for the purposes of assessing the planning application and are clear in
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that the footpath link will not be lost. Any impact on property values is not a material
planning consideration in the assessment of the application.  The removal of the
hedge around the application property is not pertinent to the assessment of this
application. 
The area of open space is situated adjacent to a footpath link running between nos
34 and 42 Mavisbank which serves nos 36 to 40 Mavisbank, which are set back from
the road, which then continues along the side and rear of these properties emerging
again between nos 4 and 6 Mavisbank to the north.  There is an area of grassed
open space containing a tree opposite the affected area of open space and a larger
area of open space to the rear. The area of open space does not form part of the
green network as defined on the map included in the supplementary guidance
however forms an integral part of the layout of open spaces and footpath links within
the estate. The open spaces are particularly important in adding interest and visual
amenity to the surrounding area. The open space subject to this application
enhances the appearance of the street scene and along with other areas of open
space within the surrounding area makes a positive contribution to the visual amenity 
of the area. It also contributes to the setting of nos 36 to 40 Mavisbank and provides
a pleasant outlook for these properties and a pleasant experience for users of the
footpath. 
The applicant has stated that it is currently not proposed to erect a boundary
treatment or any structure or hard surface on this area. However, should planning
permission be granted for the change of use, whilst the land may be within the
control of the applicant  if left open it would still likely be used by members of the
public  to the same extent as at the present time with the likely outcome that the
applicant would want to enclose the area which is intimated in the submitted
supporting statement.  Whilst each application should be dealt with on its own merits
this does not prevent consideration of the consequential effects of granting planning
permission. This is a valid material consideration in the assessment of the current
application in that it relates to the development and use of land and is considered to
fairly and reasonably relate to this particular application. 
Surrounding this area with a fence or building over it would seriously detract from the
visual amenity of the area, the amenity of footpath users and the setting and outlook
of properties to the rear. (The  impact on neighbours’ amenity from construction
works is not a reason for refusal  particularly taking into account that in normal
circumstances certain works can be carried out as permitted development not
requiring planning permission from the Planning Authority.) For these reasons the
proposal should not be supported on the basis of its potential impact on the amenity
of the area being contrary to development plan policies. (The erection of a fence
surrounding this area woud not have a significant impact on road or pedestrian
safety.)  Whilst each application is dealt with on its own merits approval of the
current application would make it difficult to resist similar proposals in the area which
would seriously erode the character of the estate. 
No. 34 benefits from a secure private back garden surrounded by a 1.8m approx.
high fence. The gable elevation of no.34 which faces the area of open space does
not contain any windows. 
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In summary the proposal has the potential to have an unacceptable impact on the
amenity of the surrounding area to the detriment of the wider community and
accordingly is contrary to development plan policies, and whilst the personal
circumstances of the applicant are acknowledged this does not does not outweigh
this conclusion. 
Recommendation:
Refuse planning permission
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Refusal of Planning Permission
Town and Country Planning (Scotland) Act 1997
Reg. No.   25/00568/DPP
Mr Ho-Yin Christopher Yip
34 Mavisbank
Loanhead
EH20 9DE
Midlothian Council, as Planning Authority, having considered the application by 
Mr Ho-Yin Christopher Yip, 34 Mavisbank, Loanhead, EH20 9DE, which was registered on
14 November 2025 in pursuance of their powers under the above Acts, hereby refuse
permission to carry out the following proposed development:
Change of use of public open space to private garden ground at Land adjacent to 34,
Mavisbank, Loanhead
in accordance with the application and the following documents/drawings:
Document/Drawing. Drawing No/Scale Dated
Location Plan 14.11.2025
Site Plan 14.11.2025
The reasons for the Council's decision are set out below:
1. The affected area of open space forms an integral part of the layout of open spaces
and footpath links within the estate and is of particular value in that it adds interest
and enhances the appearance of the surrounding area, contributes to the setting of
no.s 36 to 40 Mavisbank and provides a pleasant outlook for these properties and a
pleasant experience for users of the footpath providing an amenity for both residents
and passers-by.  Approval of planning permission would result in pressure to
enclose this area which has the potential to seriously detract from the visual amenity
of the area, the amenity of footpath users and the setting and outlook of properties
to the rear. As a result of its potential detrimental impact on the amenity of the area
the proposal is considered to be contrary to the aims of policies 14 and 16 of NPF4
and DEV2 of the adopted Midlothian Local Development Plan 2017 which seek to
protect the character and amenity of residential areas.
2. Approval of the planning application would make it difficult to resist similar proposals
which would seriously erode the visual amenity of the estate also contrary to the
aims of the aforementioned development plan policies.
Appendix D
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Page 39

Dated    12 / 1 / 2026
……………………………..
Duncan Robertson
Lead Officer – Local Developments 
Fairfield House, 8 Lothian Road, Dalkeith, EH22 3AA
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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
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