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Agenda Document Pack - Local Review Body - 25/03/2024

Midlothian Council · 25 March 2024
Back to Local Review Body — 25 March 2024 and its agenda

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Page 1

Notice of Meeting and Agenda 
Local Review Body 
Venue:  Council Chambers/Hybrid, 
Midlothian House, Dalkeith, EH22 1DN 
Date:  Monday, 25 March 2024 
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 meeting of 5 February 2024 submitted for approval 3 - 24 
5          Public Reports 
Notice of Reviews - Determination Reports by Chief Officer Place 
5.1 23.00707.DPP - 8 Springfield Place, Roslin 25 - 40
5.2 23.00684.DPP - 40 Charlton Grove, Roslin 41 - 62
5.3 23.00708.PPP - Land South West of St Roberts Croft, Nine Mile
Burn, Penicuik
63 - 136 
6          Private Reports 
No items for discussion 
7          Date of Next Meeting 
The next meeting will be held on Monday 13 May 2024 at 13.00pm. 
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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Minute of Meeting
Local Review Body
Date Time Venue
Monday 5 February 2024 1.00pm Council Chambers/Hybrid
Present:
Councillor Alexander Councillor McManus
Councillor Bowen Councillor McEwan
Councillor Cassidy Councillor Smaill
Councillor Imrie (Chair)
In Attendance:
Peter Arnsdorf Planning, Sustainable Growth and Investment Manager
Derek Oliver Chief Officer Place
Lucy Roddie Democratic Services Officer
Gary Leadbetter Democratic Services Officer
Local Review Body
Monday 25 March 2024
Item No 4.1
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1 Welcome, Introductions and Apologies 
Apologies for absence were received from Councillor Virgo, Councillor Milligan
and Councillor Drummond. 
2 Order of Business 
The order of business was as outlined in the agenda. 
3 Declarations of interest 
No declarations of interest were intimated at this stage of the proceedings. 
4 Minute of Previous Meeting 
The Minute of the Meeting of 11 December 2023 was submitted and approved as
a correct record. 
5 Reports
Notice of Reviews – Determination Reports by Chief Officer Place
Agenda No Report Title Presented by:
5.1 23.00620.DPP - 27 Eskview Grove, Dalkeith Peter Arnsdorf,
Planning, Sustainable
Growth and
Investment Manager
Outline of report and summary of discussion
The Planning, Sustainable Growth and Investment Manager 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 change of use from dwellinghouse (ground floor
flat) to short-term let (retrospective) at 27 Eskview Grove, Dalkeith. 
The Planning, Sustainable Growth and Investment Manager reported that planning
application 23/00620/DPP was refused planning permission on 24 November 2023. 
It was noted that elected members had attended a site visit on the morning of 5
February 2024. 
Councillor Imrie, the Chair, thanked the Planning, Sustainable Growth and Investment
Manager for the report and opened it up to questions. 
The Local Review Body noted that the property was the main residence of those who
own it. The residents travel extensively for work and letting out short term supports
them to keep living in the property. No objections or complaints from neighbours had
been received. The Local Review Body acknowledged the pressures on housing
supply but deemed that the use of the dwelling for short term lets would not result in
the loss of residential accommodation, as the property is already in use as a main
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residence. It was noted that the property would otherwise lie empty for long periods of
time. The Local Review Body noted the limited impact on the parking situation.   
Councillor Smaill, seconded by Councillor Alexander, moved to uphold the review
request and grant planning permission. 
Councillor McManus moved to refuse planning permission. No seconder was
identified. 
Decision
The Local Review Body agreed to uphold the review request and to grant planning
permission for the change of use from dwellinghouse (ground floor flat) to short-term
let (retrospective) at 27 Eskview Grove, Dalkeith.
Action
Planning, Sustainable Growth and Investment Manager to prepare a decision notice
for issuing through the Chair of the LRB. 
Agenda No Report Title Presented by:
5.2 23.00308.S42 - Rosebery Farm, Gorebridge Peter Arnsdorf,
Planning, Sustainable
Growth and
Investment Manager
Outline of report and summary of discussion
The Planning, Sustainable Growth and Investment Manager 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’ to vary conditions 8 and 15 of planning permission
18/00582/DPP at land at Rosebery Farm, Gorebridge. 
It was noted that elected members had attended a site visit on the morning of 5
February 2024. 
Councillor Imrie, the Chair, thanked the Planning, Sustainable Growth and Investment
Manager for the report and opened it up to questions. 
In considering the Notice of Review, the Local Review Body noted that the proposed
development would continue to support the evolution and progression of an
established rural business in accordance with the principles set out in the development
plan. Any potential impacts on the local environment and amenity can be mitigated by
the conditions attached to the grant of planning permission. 
A discussion took place regarding the requirement to complete a bat survey to
determine the presence, number and species of bats. The Planning, Sustainable
Growth and Investment Manager reported that Council Officers had repeatedly asked
for the survey to be completed, as is standard practice for any development which is
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deemed to have an impact on a protected species in order for mitigation requirements
to be identified and implemented. The Local Review Body in discussing this
requirement noted its desire not to have a detrimental impact on the business or cause
any disruption to existing bookings. 
Councillor Imrie (the Chair), seconded by Councillor Alexander, moved to uphold the
review request, subject to the completion of a bat survey. 
On an amendment to the motion, Councillor McManus, seconded by Councillor Smaill,
moved to uphold the review request, with the inclusion of a condition that prior to 31
December 2024 a report/investigation on bat activity/presence is undertaken by a
qualified ecologist and any mitigation measures identified and implemented.   
On a vote being taken, 2 members of the Committee voted for the motion and 5
members of the Committee voted for the amendment. This then became the decision
of the Committee. 
Decision
The Local Review Body agreed to uphold the review request and to grant planning
permission to carry out the following proposed development: 
Section 42 application to amend condition 8 and 15 of planning permission
18/00582/DPP (to allow amplified music and siting of marquee within courtyard) at
Rosebery Farm, Gorebridge, EH23 4SP, with the inclusion of a condition that prior to
31 December 2024 a report/investigation on bat activity/presence is undertaken by a
qualified ecologist and any mitigation measures identified and implemented, and
subject to the conditions as set out in report. 
Action
Planning, Sustainable Growth and Investment Manager to prepare a decision notice
for issuing through the Chair of the LRB. 
Agenda No Report Title Presented by:
5.3 23.00621.DPP - Land at Glencorse Mains
Steading, Penicuik
Peter Arnsdorf,
Planning, Sustainable
Growth and
Investment Manager
Outline of report and summary of discussion
The Planning, Sustainable Growth and Investment Manager 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 erection of dwellinghouse and associated works
at land at Glencorse Mains Steading, Penicuik. 
It was noted that elected members had attended a site visit on the morning of 5
February 2024. 
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Councillor Imrie, the Chair, thanked the Planning, Sustainable Growth and Investment
Manager for the report and opened it up to questions. 
In considering the Notice of Review, the Local Review Body noted that the proposed
dwelling by means of its siting, form, design and materials fits into the landscape,
complements the neighbouring cluster of dwellinghouses and is not detrimental to the
green belt. In responding to a question, the Planning, Sustainable Growth and
Investment Manager confirmed that the construction of one additional dwelling would
not require any amendments to the existing junction.
Decision
The Local Review Body upheld the review request and granted planning permission
for the erection of dwellinghouse and associated works at land at Glencorse Mains
Steading, Penicuik, subject to the conditions as set out in the report. This was
unanimously agreed by the Committee. 
Action
Planning, Sustainable Growth and Investment Manager to prepare a decision notice
for issuing through the Chair of the LRB. 
6. Private Reports 
No private business was discussed. 
7. Date of Next Meeting 
The next meeting is scheduled for Monday 25 March 2024 at 13:00pm. 
The meeting terminated at 13:49.
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Grant of Planning Permission
Town and Country Planning (Scotland) Act 1997 as amended 
Local Review Body: Review of Planning Application
Reg. No.   23/00308/S42 
Wright Planning and Development Ltd
Norma Villa
26 Wilson Street
Lower Flat
Perth
PH2 0EX 
Midlothian Council, as Planning Authority, having considered the review of the
application by The Rosebery Estates Partnership, Norma Villa, 26 Wilson Street,
Perth, PH2 0EX, which was registered on 22 December 2023 in pursuance of their
powers under the above Act, hereby grant permission to carry out the following
proposed development: 
Section 42 application to amend condition 8 and 15 of planning permission
18/00582/DPP (to allow amplified music and siting of marquee within
courtyard) at Rosebery Farm, Gorebridge, EH23 4SP, in accordance with the
application and the following plans: 
Drawing Description. Drawing No/Scale Dated                     
Location plan  1:1250 16.10.2023
Supporting statement  15.05.2023
Noise Impact Assessment  15.05.2023 
Subject to the following conditions: 
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). 
2. Unless otherwise approved in writing by the planning authority, the events
use hereby approved shall only operate between the hours of 8am and 1am. 
All guests not residing in the related self-catering accommodation on site
shall vacate the application site by 1am on the morning following the related
event. 
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3. All staff members shall vacate the site by 2am on the morning following the
related event, with the exception of any staff living on site. 
4. All music on site shall cease at 00.30am and no music shall be played
between 00.30am and 8am. 
5. The units shown as farmhouse, dovecot and dairy on drawing number
R35(ph2)L03 E on planning permission reference 18/00582/DPP shall either
be used as accommodation for staff working at the events or self-catering
accommodation. In the instances where there are events taking place at the
site, this self-catering accommodation shall only be occupied by guests
attending the event taking place and by no other person. 
6. Guests attending any events shall not access any other area within the site
other than that indicated by the red dash line on approved drawing number
R35(ph2)L07 A on planning permission reference 18/00582/DPP. 
7. Amplified music shall only be permitted within the hayloft, pumphouse, and
threshing barn as detailed on approved drawing number R35(ph2)L03 E on
planning permission reference 18/00582/DPP and the marquee hereby
approved:  this shall not be played at any other location within the site. 
8. There shall be no live acoustic music played within the marquee hereby
approved. 
9. Prior to the use hereby approved being implemented, the sound insulation
improvements and glazing enhancement detailed in the submitted noise
impact assessment dated 12 January 2018 on planning permission reference
18/00582/DPP shall be in place. 
10. Unless otherwise approved in writing by the planning authority, prior to the
use hereby approved being implemented, the external doors to all areas
where music is permitted as per condition 7 above shall be fitted with a self-
closing device which ensures a controlled closing of the door and it shall not
be propped open. 
11. Unless otherwise approved in writing by the planning authority, prior to the
use hereby approved being implemented, the door system providing access
to the hayloft and pumphouse shall include internal lobby doors to the doors
on the steading building as shown on the southwest elevation on approved
drawing number R35(ph2)D02B on planning permission reference
18/00582/DPP and shall be operated so that the external door and the
internal lobby door are not open at the same time and this door system shall
not be removed without the prior written approval of the Planning Authority. 
12. Prior to any event taking place within the marquee, a suitable sound limiter
capable of controlling the overall sound output and bass frequencies shall be
installed within the marquee. The limiter shall be installed, calibrated, set and
maintained at a level to be agreed in writing by the planning authority. All
amplified music shall be channelled through the limiter to ensure that no
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amplified music or vocals are audible within any neighbouring noise sensitive
living apartment. 
13. The events use shall hereby be permitted within the buildings shown on the
approved drawing number R35(ph2)L03 E on planning permission reference
18/00582/DPP and the marquee hereby approved: no new or additional
buildings or more than one marquee are approved for use in association with
the use hereby approved. 
14. The design and installation of any plant, machinery or equipment shall be
such that any associated noise complies with NR25 when measured within
any nearby living apartment and no structure borne vibration is perceptible in
any neighbouring living apartment. 
15. The soundproofing of the buildings detailed in conditions 11, 13 and 14 and
15 and control of amplified sound detailed in condition 7 shall ensure that no
amplified music or sound reproduction equipment used in associated with the
use hereby permitted shall be audible within any noise sensitive property. 
Reason for conditions 2 to 15: These details are required to ensure that
the events use is restricted to a level to protect the amenity of the
surrounding residential properties; to ensure these mitigation measures are
in place before any events at the site and that these remain in place whilst
this use takes place. 
16. The events at the application site shall be carried out in compliance with the
approved supporting statement and noise impact assessment. 
17. The noise impact assessment is only approved in relation to application
23/00308/S42 for events at Rosebery Farm and no other areas. 
Reason for conditions 16 and 17:  In the interests of clarity; the report is
acceptable in relation to the events at Rosebery Farm; however the report
also makes reference to events at Rosebery House, Chapel and marque
which are not part of the application under consideration and has not been
assessed. 
18. The siting of one marquee hereby approved shall only be positioned within
the courtyard of Rosebery Farm steading, outlined in red on the site plan
submitted 15 May 2023. 
Reason: The current application is for the siting of a marquee within the
courtyard and it is on this basis that the application has been assessed; if a
marquee is sited elsewhere within the site, this may have a detrimental
impact on the amenity of nearby residents through noise and the setting of
this A listed building which have not been assessed in this application.   
19. The marquee hereby approved shall not be fixed onto or attached to the
surrounding buildings or hardstanding.   
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Reason:  In the interests of clarity; the applicant’s agent has confirmed that
marquees will not be fixed ono the surrounding buildings or hardstanding and
it is on this basis that this is acceptable.  If the marquee is fixed onto to
surrounding buildings or hardstanding, this may have an adverse effect on
the fabric of this A listed building which needs to be assessed.   
20. Unless otherwise approved in writing by the planning authority, the maximum
number of guests attending any events in total at the site shall be restricted
to 100. 
Reason: To ensure there is adequate drainage facilities on site. 
21. Prior to 31 December 2024 a report/investigation on bat activity/presence is
undertaken by a qualified ecologist and any mitigation measures identified
implemented in accordance with details to be submitted and approved in
writing by the planning authority.   
Reason:  In the interests of safeguarding bats in accordance with the
principles set out in policy ENV15 of the Midlothian Local Development Plan
2017. 
The Local Review Body (LRB) considered the review of the planning application at
its meeting of 5 February 2024. 
In reaching its decision the LRB gave consideration to the following development
plan policy and material considerations: 
National Planning Framework 4 
1. Policy 1 Tackling the climate and nature crisis; and
2. Policy 2 Climate mitigation and adaptation;
3. Policy 3 Biodiversity;
4. Policy 4 Natural Places;
5. Policy 7 Historic assets and places;
6. Policy 13 Sustainable transport;
7. Policy 14 Design, quality and place;
8. Policy 15 Local Living and 20 minute neighbourhoods;
9. Policy 23 Health and safety; and
10. Policy 29 Rural development. 
Midlothian Local Development Plan Policies: 
1. RD1 Development in the countryside;
2. ENV6 Special landscape areas;
3. ENV7 Landscape character;
4. ENV15 Species and habitat protection and enhancement;
5. ENV18 Noise; and
6. ENV22 Listed building. 
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Material Considerations: 
1. The individual circumstances of the site and the application. 
In determining the review the LRB concluded: 
The proposed development will continue to support the evolution and progression of
an established rural business in accordance with the principles set out in the
development plan.  Any potential impacts on the local environment and amenity can
be mitigated by the conditions attached to this grant of planning permission. 
Dated: 25/09/2023 
Peter Arnsdorf
Planning, Sustainable Growth and Investment Manager
Advisor to the Local Review Body
Place Directorate
Midlothian Council 
On behalf of:
Councillor R Imrie
Chair of the Local Review Body
Midlothian Council 
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SCHEDULE 2    Regulation 21 
NOTICE TO ACCOMPANY REFUSAL ETC. 
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 
Notification to be sent to applicant on refusal of planning permission or on
the grant of permission subject to conditions, or 
Notification to be sent to applicant on determination by the planning authority
of an application following a review conducted under section 43A(8) 
1. If the applicant is aggrieved by the decision of the planning authority to refuse
permission for or approval required by a condition in respect of the proposed
development, or to grant permission or approval subject to conditions, the
applicant may question the validity of that decision by making an application
to the Court of Session.  An application to the Court of Session must be
made within 6 weeks of the date of the decision. 
2. If permission to develop land is refused or granted subject to conditions and
the owner of the land claims that the land has become incapable of
reasonably beneficial use in its existing state and cannot be rendered
capable of reasonably beneficial use by carrying out of any development
which has been or would be permitted, the owner of the land may serve on
the planning authority a purchase notice requiring the purchase of the owner
of the land’s interest in the land in accordance with Part V of the town and
Country Planning (Scotland) Act 1997 
Advisory note: 
If you have any questions or enquiries regarding the Local Review Body procedures
or this decision notice please do not hesitate to contact Peter Arnsdorf, Planning,
Sustainable Growth and Investment Manager via peter.arnsdorf@midlothian.gov.uk 
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Any Planning Enquiries should be directed to: 
Planning and Local Authority Liaison  
Email:  planningconsultation@coal.gov.uk  
Website: www.gov.uk/coalauthority 
INFORMATIVE NOTE 
The proposed development lies within an area that has been defined by the Coal
Authority as containing potential hazards arising from former coal mining activity at
the surface or shallow depth.  These hazards can include: mine entries (shafts and
adits); shallow coal workings; geological features (fissures and break lines); mine
gas and former surface mining sites.  Although such hazards are seldom readily
visible, they can often be present and problems can occur in the future, 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 Coal 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
that a suitable engineering design which takes into account all the relevant safety
and environmental risk factors, including mine gas and mine-water.  Your attention
is drawn to the Coal Authority Policy in relation to new development and mine
entries available at:   
ww.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 Coal 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.  Failure to obtain a Coal
Authority Permit for such activities is trespass, with the potential for court action.   
If any coal mining features are unexpectedly encountered during development, this
should be reported immediately to the Coal Authority on 0345 762 6848.  Further
information is available on the Coal Authority website at:   
www.gov.uk/government/organisations/the-coal-authority 
Informative Note valid from 1st January 2023 until 31st December 2024 
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Grant of Planning Permission
Town and Country Planning (Scotland) Act 1997 as amended 
Local Review Body: Review of Planning Application
Reg. No.   23/00620/DPP 
Mr Colin Peckham
27 Eskview Grove
Dalkeith
EH22 1JW 
Midlothian Council, as Planning Authority, having considered the review of the
application by Mr Colin Peckham, 27 Eskview Grove, Dalkeith, EH22 1JW, which
was registered on 11 December 2023 in pursuance of their powers under the above
Act, hereby grant permission to carry out the following proposed development: 
Change of use from dwellinghouse to short-term let (retrospective) at 27
Eskview Grove, Dalkeith, EH22 1JW, in accordance with the application and the
following plans: 
Drawing Description. Drawing No/Scale Dated                      
Floor Plan with dimensions  02.10.2023
Location Plan 1:1250 02.10.2023
Supporting statement  02.10.2023 
The Local Review Body (LRB) considered the review of the planning application at
its meeting of 5 February 2024. 
In reaching its decision the LRB gave consideration to the following development
plan policy and material considerations: 
National Planning Framework 4 
1. Policy 1 Tackling the climate and nature crisis;
2. Policy 2 Climate mitigation and adaptation;
3. Policy 7 Historic assets and places; and
4. Policy 30 Tourism. 
Midlothian Local Development Plan Policies: 
1. DEV2 Development within the built-up area; and
2. ENV19 Conservation areas.
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Material Considerations: 
1. The individual circumstances of the site and the application. 
In determining the review the LRB concluded: 
The proposed use as a short-term let by means of its size/bedroom numbers
combined with the property remaining, in part, the main residency of the owners will
result in low levels of activity and limited impact on the parking position and as such
will not be detrimental to the amenity of the local area or contrary to the policies set
out in Midlothian Local Development Plan 2017 and National Planning Framework
4. 
Dated: 05/02/2024 
Peter Arnsdorf
Planning, Sustainable Growth and Investment Manager
Advisor to the Local Review Body
Place Directorate
Midlothian Council 
On behalf of:
Councillor R Imrie
Chair of the Local Review Body
Midlothian Council 
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SCHEDULE 2    Regulation 21 
NOTICE TO ACCOMPANY REFUSAL ETC. 
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 
Notification to be sent to applicant on refusal of planning permission or on
the grant of permission subject to conditions, or 
Notification to be sent to applicant on determination by the planning authority
of an application following a review conducted under section 43A(8) 
1. If the applicant is aggrieved by the decision of the planning authority to refuse
permission for or approval required by a condition in respect of the proposed
development, or to grant permission or approval subject to conditions, the
applicant may question the validity of that decision by making an application
to the Court of Session.  An application to the Court of Session must be
made within 6 weeks of the date of the decision. 
2. If permission to develop land is refused or granted subject to conditions and
the owner of the land claims that the land has become incapable of
reasonably beneficial use in its existing state and cannot be rendered
capable of reasonably beneficial use by carrying out of any development
which has been or would be permitted, the owner of the land may serve on
the planning authority a purchase notice requiring the purchase of the owner
of the land’s interest in the land in accordance with Part V of the town and
Country Planning (Scotland) Act 1997 
Advisory note: 
If you have any questions or enquiries regarding the Local Review Body procedures
or this decision notice please do not hesitate to contact Peter Arnsdorf, Planning,
Sustainable Growth and Investment Manager via peter.arnsdorf@midlothian.gov.uk 
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Any Planning Enquiries should be directed to: 
Planning and Local Authority Liaison  
Email:  planningconsultation@coal.gov.uk  
Website: www.gov.uk/coalauthority 
Development Low Risk Area – Standing Advice 
The proposed development lies within a coal mining area which may contain
unrecorded coal mining related hazards.  If any coal mining feature is encountered
during development, this should be reported immediately to the Coal Authority on
0345 762 6848. 
Further information is also available on the Coal Authority website at:
www.gov.uk/government/organisations/the-coal-authority   
Standing Advice valid from 1st January 2023 until 31st December 2024 
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Grant of Planning Permission
Town and Country Planning (Scotland) Act 1997 as amended 
Local Review Body: Review of Planning Application
Reg. No.   23/00621/DPP 
Mr Scott Allan
36 Wallace Avenue
Wallyford
East Lothian
EH21 8BZ 
Midlothian Council, as Planning Authority, having considered the review of the
application by Mr Stuart and Mrs Wendy McHarg, Glencorse Mains Steading,
Belwood Road, Penicuik, EH26 0NN, which was registered on 22 December 2023
in pursuance of their powers under the above Act, hereby grant permission to carry
out the following proposed development: 
Erection of dwellinghouse at land at Glencorse Mains Steading, Penicuik, in
accordance with the application and the following plans: 
Drawing Description. Drawing No/Scale Dated                      
Location Plan 2022-54-000 1:2500 1:1250 27.09.2023
Site Plan, Location Plan,
Elevations 
2023-66-001 1:1250 1:500
1:100
27.09.2023
Proposed Floor Plan 2023-66-002 1:50 27.09.2023
Proposed Elevations 2023-66-003 1:50 16.11.2023 
Subject to the following conditions: 
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). 
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;  
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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; and
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. 
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: These details were not submitted as part of the application: 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. 
3. Before the house is occupied, the installation of the means of drainage
treatment and disposal in terms of condition 2c) shall be completed to the
satisfaction of the planning authority. 
Reason: To ensure that the house is provided with adequate drainage
facilities prior to occupation. 
4. The scheme of landscaping approved in accordance with condition 2g) shall
be carried out and completed within six months of the house either being
completed or brought into use, whichever is the earlier date. Any trees or
hedgerow 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. 
5. 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
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Page 21

requirements of policy IT1 of the Midlothian Local Development Plan. 
6. 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. 
7. 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. 
8. On completion of the decontamination/ remediation works required in condition
7 and prior to any dwellinghouse 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. 
Reasons for conditions 7 and 8: 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. 
The Local Review Body (LRB) considered the review of the planning application at
its meeting of 5 February 2024. 
In reaching its decision the LRB gave consideration to the following development
plan policy and material considerations:
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Page 22

National Planning Framework 4 
1. Policy 1 Tackling the climate and nature crisis;
2. Policy 2 Climate mitigation and adaptation;
3. Policy 5 Soils;
4. Policy 8 Green belts;
5. Policy 13 Sustainable transport;
6. Policy 14 Design, quality and place;
7. Policy 15 Local Living and 20 minute neighbourhoods;
8. Policy 17 Rural homes;
9. Policy 22 Flood risk and water management; and
10. Policy 24 Digital infrastructure. 
Midlothian Local Development Plan Policies: 
1. DEV5 Sustainability in new development;
2. DEV6 Layout and design of new development; 
3. DEV7 Landscaping in new development;
4. TRAN5 Electric vehicle charging;
5. IT1 Digital infrastructure;
6. ENV1 Protection of the green belt; and
7. ENV7 Landscape character. 
Material Considerations: 
1. The individual circumstances of the site and the application. 
In determining the review the LRB concluded: 
The proposed dwelling by means of its siting, form, design and materials fits into the
landscape, complements the neighbouring cluster of dwellinghouses and is not
detrimental to the green belt and as such does not undermine the spirit of those
development plan policies designed to protect the local landscape and green belt. 
Dated: 05/02/2024 
Peter Arnsdorf
Planning, Sustainable Growth and Investment Manager
Advisor to the Local Review Body
Place Directorate
Midlothian Council 
On behalf of:
Councillor R Imrie
Chair of the Local Review Body
Midlothian Council
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Page 23

SCHEDULE 2    Regulation 21 
NOTICE TO ACCOMPANY REFUSAL ETC. 
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 
Notification to be sent to applicant on refusal of planning permission or on
the grant of permission subject to conditions, or 
Notification to be sent to applicant on determination by the planning authority
of an application following a review conducted under section 43A(8) 
1. If the applicant is aggrieved by the decision of the planning authority to refuse
permission for or approval required by a condition in respect of the proposed
development, or to grant permission or approval subject to conditions, the
applicant may question the validity of that decision by making an application
to the Court of Session.  An application to the Court of Session must be
made within 6 weeks of the date of the decision. 
2. If permission to develop land is refused or granted subject to conditions and
the owner of the land claims that the land has become incapable of
reasonably beneficial use in its existing state and cannot be rendered
capable of reasonably beneficial use by carrying out of any development
which has been or would be permitted, the owner of the land may serve on
the planning authority a purchase notice requiring the purchase of the owner
of the land’s interest in the land in accordance with Part V of the town and
Country Planning (Scotland) Act 1997 
Advisory note: 
If you have any questions or enquiries regarding the Local Review Body procedures
or this decision notice please do not hesitate to contact Peter Arnsdorf, Planning,
Sustainable Growth and Investment Manager via peter.arnsdorf@midlothian.gov.uk 
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Page 24

Any Planning Enquiries should be directed to: 
Planning and Local Authority Liaison  
Email:  planningconsultation@coal.gov.uk  
Website: www.gov.uk/coalauthority 
Development Low Risk Area – Standing Advice 
The proposed development lies within a coal mining area which may contain
unrecorded coal mining related hazards.  If any coal mining feature is encountered
during development, this should be reported immediately to the Coal Authority on
0345 762 6848. 
Further information is also available on the Coal Authority website at:
www.gov.uk/government/organisations/the-coal-authority   
Standing Advice valid from 1st January 2023 until 31st December 2024 
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Page 25

Local Review Body
Monday 25 March 2024
Item No 5.1
Notice of Review: 8 Springfield Place, Roslin
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 a change of use
from long term let (class 9) to short term let (sui generis) (retrospective)
at 8 Springfield Place, Roslin.
2 Background
2.1 Planning application 23/00684/DPP for a change of use from long term
let (class 9) to short term let (sui generis) (retrospective) at 8
Springfield Place, Roslin was refused planning permission on 15
December 2023; 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 15 December 2023 (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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Page 26

• 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/Enforcement
5.1 The nature of the proposal is such that it is considered that no
conditions would be required if the LRB is minded to grant planning
permission. 
5.2 If the LRB dismisses the review, the unauthorised use will be required
to cease.  In this case the applicant will be asked to comply with this
requirement within two months of the LRB decision.  However, the
failure to cease the unauthorised use will result in the Council having to
consider issuing an enforcement notice to resolve the breach of
planning control.
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Page 27

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
Planning, Sustainable Growth and Investment Manager
Date:  15 March 2024
Report Contact:     Whitney Lindsay, Planning Officer
Whitney.Lindsay@midlothian.gov.uk
Background Papers: Planning application 23/00707/DPP available for
inspection online.
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Page 28

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
Midlothian Council Licence No. AC0000811376 (2024)
Midlothian Council
Fairfield House
8 Lothian Road
Dalkeith
EH22 3AA
Planning Service
Place Directorate
Change of use from long term let (class 9) to short term let
(sui generis) (retrospective) at 8 Springfield Place, Roslin,
EH25 9LW
File No: 23/00707/DPP
Scale:1:500 ±
Appendix A
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Page 29

Page 1 of 4
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 100659957-001
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
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: *
Ms
Helen
Forbes Springfield Place
8
Eh25 9lw
Midlothian
Roslin
Appendix B
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Page 30

Page 2 of 4
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.
8 SPRINGFIELD PLACE
Retrospective application for change of use from long term to short term rental which has been operating since 2017. I note 22
addresses were notified of this application and there have been no objections. As well as tourists from around the world, I have
hosted friends/relatives of local families as well as new-comers to Roslin, whose new builds were not completed in time or they
were in-between properties. I have also hosted temporary staff working at the Vet School, Bush Estate.
Midlothian Council
ROSLIN
EH25 9LW
663530 327039
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Page 31

Page 3 of 4
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? *
This holiday let has been operating since summer 2017. I registered for non-domestic rates with LVJB in 2017 so why did
Midlothian Council not ask me directly to apply for planning permission?  When I phoned Planning Department, Edinburgh was
told Midlothian not in a control area. You notified 22 addresses and there were no objections. I have already had to turn down 4
requests this month (Feb) from relatives of locals in Roslin and Rosewell plus a new staff member looking for somewhere to rent.
The holiday let has been operating since 2017 and this was previously mentioned in an email, rather than stated on the
application form. This is also the case for the site visit from LVJB and emails with them from 2017, approving switchover to holiday
let and water meter etc. You wrote to 22 addresses and no-one objected to this application, in fact, I suspect some will have made
use of this apartment. I believe I have supported tourism, local businesses and transport services in Midlothian.
I can provide emails from 2017 when I set up this holiday let, if required. I can provide my Midlothian Non-Domestic Rates account
reference number, if required. The decision notice in December 2023 incorrectly spelled my email address therefore I did not
receive the email and I had to chase up a response in January 2024. I guess I could have let this lapse and therefore it would not
meet your reponse deadline.
23/00707/DPP
18/01/2024
27/10/2023
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Page 4 of 4
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.
Declare – Notice of Review
I/We the applicant/agent certify that this is an application for review on the grounds stated.
Declaration Name: Ms Helen Forbes
Declaration Date: 05/02/2024
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Page 33

MIDLOTHIAN COUNCIL 
DEVELOPMENT MANAGEMENT 
PLANNING APPLICATION DELEGATED WORKSHEET: 
Planning Application Reference: 23/00707/DPP 
Site Address: 8 Springfield Place, Roslin. 
Site Description:  The application site comprises a first floor flat within a building
which houses four flatted dwellings and associated garden ground.  This is a two
bedroom unit and has its own main door access from an external stair to the rear
elevation, adjacent to the entry to one of the other flatted units which has ben
extended.  The building has natural stone walls, with the extension finished in
render, and a hipped slate roof.  The window frames at the site are aluminium, with
others on the building white uPVC and painted timber.  The site is in a predominantly
residential area.   
Proposed Development:  Change of use from long term let (class 9) to short term
let (sui generis) (retrospective).   
Proposed Development Details:  Retrospective planning permission is sought for
the change of use from a long term let to short term let (STL). No internal or external
physical changes are proposed as part of the current planning application. 
The applicant has confirmed the following:
- Each apartment has separate area of garden and there is a communal area
with a drive up the side of the building and a path round the other side;
- There is an outside staircase to the upper level for numbers 6 and 8;
- The flats at ground floor are long term rentals;
- The flat has a garage which is not used for parking.  There is space for two
cars in the communal area but the occupants of the flats park on the street; 
- The site is for short term lets only available on Airbnb only;
- Booking are through the whole year;
- Bookings are for the whole of the site, which has one double room and one
single.  This sleeps 3 and they do not let individual rooms; and
- The minimum stay is 2 nights and the maximum is 28 nights, though they
have never had someone book that long.   
They have not confirmed how long the property has been in use as a STL. 
Background (Previous Applications, Supporting Documents, Development
Briefs): No relevant history. 
Consultations: 
The Council’s Senior Manager Neighbourhood Services (Roads) was consulted
but did not make comment on the application.   
Appendix C
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The Council’s Protective Services Manager has no objection provided a condition
be attached to any permission to ensure that a Short Term Licence be in place
before the use commences.   
The Councils Housing Services Manager advised that demand on Midlothian
Council housing waiting list is significant at 4468 housing applications and that as an
area Midlothian has a very high level of tenant satisfaction and as a result very few
properties become available for let, around 3.5% per year. 
Representations: No representations were 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 30 Tourism 
Part b) Proposals for tourism related development will take into account: 
i. The contribution made to the local economy; 
ii. Compatibility with the surrounding area in terms of the nature
and scale of the activity and impacts of increased visitors; 
iii. Impacts on communities, for example by hindering the provision
of homes and services for local people; 
iv. Opportunities for sustainable travel and appropriate
management of parking and traffic generation and scope for
sustaining public transport services particularly in rural areas;
v. Accessibility for disabled people; 
vi. Measures taken to minimise carbon emissions; 
vii. Opportunities to provide access to the natural environment. 
Part e) Development proposals for the reuse of existing buildings for short
term holiday letting will not be supported where the proposal will result in: 
i. An unacceptable impact on local amenity or the character of a
neighbourhood or area; or 
ii. The loss of residential accommodation where such loss is not
outweighed by demonstrable local economic benefits. 
The relevant policies of the adopted Midlothian Local Development Plan 2017 are: 
DEV2 Development within the Built-up Area states that development will not be
permitted within existing and future built-up areas where it is likely to detract
materially from the existing character or amenity of the area. 
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.
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The application property has its own main door access which is located on the rear
elevation by an external stair shared with the neighbouring first floor flat.  The ground
floor units appear to be accessed from doors on the front elevation.  There appears a
low degree of activity in the immediate vicinity of the property at any time, especially
in the area to the rear where the site is accessed from. 
The use of the flatted property as a short term let would introduce an increased
frequency of movement to the flat. The two bedroom short stay use would enable
visitors to arrive and stay at the premises for a short period of time on a regular basis
throughout the year in a manner dissimilar to that of permanent/long term residents.
There is no guarantee that guests would not come and go frequently throughout the
day and night and transient visitors may have less regard for neighbours' amenity
than individuals using the property as a principal home. The additional servicing that
operating a property as a short term let requires compared to that of a long term
residential use is also likely to result in an increase in disturbances, further impacting
on neighbouring amenity. 
The applicant stated that the property is only advertised to be let out by a maximum
of three people.  Whilst the appellant’s efforts to minimise instances of disturbance
through the reduced of people is acknowledged, there is no guarantee that any
future owner would adhere to the same standard or that the current owner would not
change the standard currently in operation. Furthermore, it is not considered to be
reasonable or enforceable to attach a condition restricting occupancy. 
The applicant submitted a supporting statement outlining the occupants can book to
stay between two and 28 nights.  Given the potential for a minimum of two night
stays for three visitors at one time there would be greater opportunities for
disturbance to surrounding residential properties than might be expected from
established residents. 
The use of the flatted dwelling as a short term let would be significantly different from
the ambient background noise that neighbouring residents might reasonably expect
and will have a significantly detrimental effect on the living conditions and amenity of
nearby residents. Therefore, the change of use to a short term let does not comply
with policy DEV2 of the Midlothian Local Development Plan and Policy 30 parts b
and e of the draft NPF4. 
As noted above, the demand for Midlothian Council housing waiting list is significant
at 4468 housing applications.  The change of use of the flatted dwelling to a short
term let results in the loss of residential accommodation for permanent/long term
residents within Midlothian, which also results in an unacceptable impact on local
amenity and the character of the area, which is contrary to Policy 30 part e of the
draft NPF4. 
The streets surrounding the application property are predominantly residential, the
size of the properties mean that the majority of the properties are likely to be family
residences. While it is acknowledged that a two bedroom flat could potentially be
occupied by two parents and one adult child, all with their own vehicles and
potentially additional work vehicles, this would be an uncommon scenario. The most
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common scenario would be for a property of this size to be the base for one or two
cars. The current on-street parking would need to accommodate this. 
Occupation of the short term let property by three adults living not as a family unit
raises the possibility of three vehicles being based at the property. This number of
vehicles cannot be accommodated within the application site. This number of
vehicles puts significant additional pressure on the demand for on-street parking
spaces. There is a high demand for on-street which can have a significant
detrimental impact on the amenity of local residents, often leading to arguments and
inconsiderate parking. Furthermore, it is noted that the property would be occupied
on a short term basis with occupants and vehicle movements frequently changing.
Therefore, the proposed change of use would place additional pressure on the
current limited on-street parking spaces. 
The proposal would make a contribution to the local economy which would be in
compliance with NPF4 Policy b)i.  However as detailed above, this would not be
compatible with the surrounding area in terms of nature and scale of activity and
impacts of increased visitors and would impact on communities by hindering the
provision of homes for local people, contrary to NPF4 Policy b) ii and iii.  This
detrimental impact on the surrounding area and housing stock outweighs the
economic benefits.   
While the Council’s Protective Services Manager requests a condition be attached to
any permission to ensure that a Short Term Licence be in place before the use
commences.  It would be more appropriate for this to be attached as an advice note
to any permission approved as this would not comply with the six tests for conditions. 
Overall, all relevant matters have been taken into consideration in determining this
application. It is considered that the proposal does not accord with the principles and
policies of the adopted Midlothian Local Development Plan 2017 and the draft NPF4
and is not acceptable in terms of all other applicable material considerations.  The
proposal is also very similar to an application for a short term let in Newtongrange
which was refused by delegated powers in February 2023 and also by the Local
Review Body in April 2023.  Therefore, it is recommended that the application is
refused. 
Recommendation: Refuse planning permission.  
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Refusal of Planning Permission
Town and Country Planning (Scotland) Act 1997 
Reg. No.   23/00707/DPP 
Ms Helen Forbes
8 Springfield Place
Roslin
EH25 9LW 
Midlothian Council, as Planning Authority, having considered the application by Ms Helen
Forbes, 8 Springfield Place, Roslin, EH25 9LW, which was registered on 6 November 2023
in pursuance of their powers under the above Acts, hereby refuse permission to carry out
the following proposed development: 
Change of use from long term let (class 9) to short term let (sui generis)
(retrospective) at 8 Springfield Place, Roslin, EH25 9LW 
in accordance with the application and the following documents/drawings: 
Document/Drawing. Drawing No/Scale Dated
Location plan   06.11.2023
Location plan   06.11.2023
Site plan   06.11.2023
Other statements  06.11.2023 
The reasons for the Council's decision are set out below: 
1. The proposal is contrary to Policy DEV2 of the Midlothian Local Development Plan
and Policy 30 parts b and e of the NPF4, as the use of the flatted dwelling as a short
stay let will have a materially detrimental impact on the living conditions and amenity
of nearby residents.  
2. The change of use of the flatted dwelling to a short term let will result in the loss of
residential accommodation where there is a high demand for residential
accommodation and also results in an unacceptable impact on local amenity and
the character of the area.  
3. The use of the flatted dwelling as a short term let for up to 3 residents will put
additional pressure on the limited number of existing on-street parking spaces and
may lead to inconsiderate or illegal parking to the detriment of road safety. This
pressure for parking spaces will have a significant detrimental impact on the
character and amenity of the surrounding area and is therefore contrary to policy
DEV2 of the adopted Midlothian Local Development Plan and Policy 30 parts b and
e of NPF4.     
Dated    15 / 12 / 2023
Appendix D
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……………………………..
Duncan Robertson
Lead Officer – Local Developments 
Fairfield House, 8 Lothian Road, Dalkeith, EH22 3ZN 
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Page 39

Any Planning Enquiries should be directed to: 
Planning and Local Authority Liaison
Direct Telephone:  01623 637 119
Email:  planningconsultation@coal.gov.uk
Website: www.gov.uk/coalauthority 
Development Low Risk Area- STANDING ADVICE 
The proposed development lies within a coal mining area which may contain
unrecorded coal mining related hazards.  If any coal mining feature is encountered
during development, this should be reported immediately to the Coal Authority on
0345 762 6848. 
Further information is also available on the Coal Authority website at:
www.gov.uk/government/organisations/the-coal-authority   
Standing Advice valid from 1st January 2023 until 31st December 2024
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Local Review Body
Monday 25 March 2024
Item No 5.2
Notice of Review: 40 Charlton Grove, Roslin
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
an extension to dwellinghouse (part retrospective) at 40 Charlton
Grove, Roslin.
2 Background
2.1 Planning application 23/00684/DPP for the erection of an extension to
dwellinghouse (part retrospective) at 40 Charlton Grove, Roslin was
refused planning permission on 11 December 2023; 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 11 December 2023 (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:
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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 no consultations and
no representations received. 
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/Enforcement 
5.1 The nature of the proposal is such that it is considered that no
conditions would be required if the LRB is minded to grant planning
permission. 
5.2 If the LRB dismisses the review, the unauthorised works will be
required to be removed/modified.  In this case the applicant will be
asked to comply with this requirement within three months of the LRB
decision.  However, the failure to remove/modify the works will result in
the Council having to consider issuing an enforcement notice to resolve
the breach of planning control. 
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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
Planning, Sustainable Growth and Investment Manager 
Date:  15 March 2024
Report Contact:     Ingrid Forteath, Planning Officer
Ingrid.Forteath@midlothian.gov.uk 
Background Papers: Planning application 23/00684/DPP available for
inspection online.
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Page 44

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
Midlothian Council Licence No. AC0000811376 (2024)
Midlothian Council
Fairfield House
8 Lothian Road
Dalkeith
EH22 3AA
Planning Service
Place Directorate Extension to dwellinghouse at first floor level and associated
works
40 Charlton Grove Roslin EH25 9NX
23/00684/DPP
Scale:1:500 ±
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 100649033-003
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
David Paton Building Consultancy
David Paton
Building Consultancy
High Street
13
0131 440 1213
EH20 9RH
United Kingdom
Loanhead
contactus@dpbc.co.uk
Appendix B
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Page 2 of 5
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: *
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
Ms
40 CHARLTON GROVE
Yolanda
Midlothian Council
Martinez-Pereira Charlton Grove
40
ROSLIN
EH25 9NX
EH25 9NX
United Kingdom
663254
Roslin
326760
David Paton Building Consultancy
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Page 3 of 5
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)
Extend semi-detached dwelling house by addition of upper floor to existing previous extension; to contain additional bedroom and
en-suite. The previous extension is to be re-clad with waterproof cladding.
See separate document in supporting documents.
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Page 4 of 5
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.
Please see document attached in supporting documents.
23/00684/DPP
11/12/2023
23/10/2023
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Page 5 of 5
Declare – Notice of Review
I/We the applicant/agent certify that this is an application for review on the grounds stated.
Declaration Name: Mr David Paton Building Consultancy
Declaration Date: 13/02/2024
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Page 50

David Paton Building Consultancy
Local Review Body Appeal
40 Charlton Grove. Roslin
February 2024 
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Local Review Body Appeal – 40 Charlton Grove, Roslin
CONFIDENTIAL 2
CONTENTS
PLANNING APPLICATION ......................................................................................................................................................... 2
INTRODUCTION ....................................................................................................................................................................... 2
REASON FOR REVIEW ............................................................................................................................................................ 3
CONCLUSION ............................................................................................................................................................................ 4 
PLANNING APPLICATION 
Planning Application for an Extension to Dwelling house at first floor level and associated works at
40 CHARLTON GROVE, ROSLIN. EH25 9NX 
For Ms Yolanda Martinez-Pereira
Planning Application No. 23/00684/DPP - REFUSED 11 December 2023
INTRODUCTION
This application was to rectify the issues caused by the builder not following the approved drawings in
application approval 19/00839/dpp and also the need to improve on the design and the issues created
within the previous design for the building including water ingress.
Planning Permission was refused under powers delegated to the officer for the following reasons.
1. Due to the external materials and finishes proposed on the extension it will appear out of
character with the existing house and the surrounding area. As a result of the unsatisfactory
relationship of the extension with the existing building it will detract from the visual amenity
of the surrounding area.
2. For the above reasons the proposed extension is contrary to the aims of policies 14 and 16 of
NPF4 and DEV2 of the adopted Midlothian Local Development Plan 2017 which seeks to
improve the quality of an area, resist poorly designed development and protect the character
or environmental quality of the home and the surrounding area. 
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Local Review Body Appeal – 40 Charlton Grove, Roslin
CONFIDENTIAL 3 
REASON FOR REVIEW
The Officer has made it clear in email correspondence that there are no issues with the shape and form
of the extension it is only the quality of the materials that is the issue.
Indeed, it is only the use of Hardie plank instead of the timber cladding that was approved under the
previous application that seems to be the issue. It is stated within the Officers report that she suggested
that either having the extension finished in materials to match the existing house or to have a metal
roof and natural timber to the walls would be acceptable to the officer. This really comes across as
designing to the officer’s personal preference rather than trying to comply with Planning Policy.
So the assumption from all this, is that Hardie plank according to the planning officer is not a high
quality product, and is only used as a feature detail picking out Architectural detailing, however in
Midlothian Council own new housing on Clerk Street Loanhead (see photo below), Hardie plank has
been used as a dominant material to its front elevations.
The use of a material like Hardie Plank also means that we will comply to a greater extent with the
councils NPF4 policy. The material is maintenance free, has a 15 year guarantee all of which means that
any future tradesman trips can be minimised, saving on vehicle movements and the environment. 
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Local Review Body Appeal – 40 Charlton Grove, Roslin
CONFIDENTIAL 4
CONCLUSION
We are asking for the Local Review Body to overturn the refusal notice and approve Planning Permission
for the following reasons;
• The Planning Officer has stated that she is happy with the form of the extension
• The Planning officer would prefer the use of different materials which is her personal
preference and has nothing to do with Policy
• Hardie plank is a quality material, and is used widely including on Council properties
• The use of Hardie Plank will mean less maintenance is required to the property over time (qs
apposed to timber) and will mean greater compliance with the councils NPF4 policy
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MIDLOTHIAN COUNCIL 
DEVELOPMENT MANAGEMENT 
PLANNING APPLICATION DELEGATED WORKSHEET: 
Planning Application Reference:23/00684/dpp 
Site Address: 40 Charlton Grove, Roslin 
Site Description: 
The application property comprises a semi-detached two storey dwellinghouse
located within a residential area with open space to the rear of the site with a school
beyond. The house is finished externally in beige coloured drydash on the front with
grey coloured drydash render on the side with white plastic framed windows and
brown contoured concrete roof tiles. 
There is an unfinished flat roof extension, part timber clad with grey upvc window
frames, at the front and side of the house. 
Proposed Development:
Extension to dwellinghouse at first floor level and associated works 
Proposed Development Details:
It is proposed to extend above the existing ground floor extension with a 4.4m wide
pitched roof extension at first floor level continuing the form of the existing house
with a 1.2m deep roof terrace at the front above the existing flat roof extension.  It is
proposed to reduce the height of the remaining part of the flat roof extension with a
0.8m high glass balustrade along the edge of the roof terrace.  The timber cladding
on the existing extension is to be replaced with light grey Hardieplank (fibre cement
comprising  mix of  cellulose fibre, sourced from FSC, plantation grown trees,
Portland cement, sand, and water) cladding to be continued at first floor level on the
front and on part of the side and on the rear elevations of the extension with the
remainder of the walls finished in white smooth render with the roof tiles to match
those on the existing house and grey upvc window frames. 
Background (Previous Applications, Supporting Documents, Development
Briefs):
History sheet checked. 
19/00839/dpp -  Extension to dwellinghouse and formation of roof terrace at 40
Charlton Grove, Roslin – pp 13.11.19 - single storey flat roof extension measuring
4.5m wide and 9.9m deep at the side of the house with a 0.9m high balustrade at
roof level around a roof terrace. The extension also wrapped round part of the front
of the house by 2.6m to form a 1.5m deep flat roof porch. The extension was to be
finished in a mix of timber cladding and smooth render with grey upvc framed
windows. 
The agent has advised the following in relation to policy 1 of NPF4: the extension will
comply with building standards and improve the overall energy efficiency of the
house; a local contractor will be used: materials will be sourced locally where
Appendix C
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possible; materials will be reused and salvaged where possible; Hardieplank is
quicker to install than natural timber meaning less trips to the site and is guaranteed
for 15 years reducing trips to the site for maintenance.
Consultations:
None required.
Representations:
None received.
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
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. 
It is noted that policy DP6 House Extensions, from the now superseded 2008
Midlothian Local Plan, set out design guidance for new extensions requiring that they
are well designed in order to maintain or enhance the appearance of the house and
the locality. The policy guidelines contained in DP6 also relate to size of extensions,
materials, impact on neighbours and remaining garden area. It also states that front
porches to detached or semi-detached houses are usually acceptable provided they
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project less than two metres out from the front of the house. It also allowed for novel
architectural solutions. The guidance set out within this policy has been successfully
applied to development proposals throughout Midlothian and will be reflected within
the Council’s Supplementary Guidance on Quality of Place which is currently being
drafted.
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.  
Given that recently published building regulations require increased insulation in
house extensions, which helps reduce heat loss and can reduce energy
consumption in the home, the proposed development will contribute to addressing
the global climate crises. The proposed development will not exacerbate the global
nature crises. Therefore the proposed development complies with the aims of policy
1 of NPF4.
On visiting the site the case officer noted that the single storey extension which has
been built is not as shown on the submitted plan and also does not accord with the
approved plans in terms of planning permission ref: 19/00839/dpp and as such is
unauthorised.  The agent has advised that the builder did not comply with the
approved plans. 
It is the usual practice of the Council to require matching materials on extensions so
that they appear integral to the existing house rather than being stuck on. 
Exceptions to this may be where the extension is of a high quality contemporary
design concept adding to the architectural interest of the house.
The previously approved scheme included timber cladding which along with the
smooth white render, grey window frames and form of the extension, whilst in sharp
contrast to the existing house, gave it a more contemporary appearance adding to
the architectural interest of the house.  The currently proposed extension is of a
more conventional form however with Hardieplank fibre cement cladding, white
smooth render and grey upvc window frames proposed.   Whist Hardieplank has
been used on some new build houses in general it is used as a feature detail picking
out architectural detailing rather than as the predominant external finish and forms
part of an overall coherent design approach.  This is not the case in this instance
where the whole of the front elevation of the extension is to be finished externally in
Hardieplank which along with the proposed smooth white render and grey upvc
window frames is in contrast to and uncharacteristic of the external materials of the
existing building.  If a more contemporary appearance for the extension is the
desired effect the cladding should revert to timber as per the previously approved
scheme, rather than a timber substitute, in order to appear as a clear and honest
new high quality contemporary extension adding to the architectural interest of the
house with a more contemporary roof covering such as a standing seam metal roof. 
The proposed use of Hardie plank waters this down along with the proposed
matching roof tiles with the materials on the extension neither matching those on the
existing house nor appearing as high quality contemporary design concept.  The
agent was advised of the suggested changes to the external materials. 
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The agent has responded that he considers the suggested metal standing seam roof
to be alien and that it won’t fit in with the existing house and that Hardieplank
complies with the aims of NPF4 and is fire resistant.  
The agents’ comments regarding the use of Hardieplank as opposed to timber does
not automatically justify approval of this material.  Responsibly sourced timber is
sustainable in terms of carbon storage, being renewable and dependent on the
quality and type of timber used can be long lasting when properly installed requiring
little maintenance.  
The alternative option would be for a more conventional approach with the external
materials for the walls, windows and roof matching existing.  The agent was advised
of this option.
The agent has confirmed that the client wishes the application to be considered in its
originally submitted form with no changes to the proposed materials. 
As stated above the suggested timber and standing seam roof materials were in
order that the extension reads as an honest new high quality contemporary
extension adding to the architectural interest of the house.  The currently proposed
materials will not achieve this. As currently proposed, due to the proposed use of
Hardieplank, smooth white render and grey upvc window frames, the extension will
appear out of character with the existing house and the surrounding area and is not
of such a high quality design as to warrant approval of planning permission. 
The roof terrace and first floor window at the front of the extension will have views of
the properties on the opposite sides of the road. Policy DP2 – Development
Guidelines of the now superseded 2008 Midlothian Local Plan specified a distance of
22m between front elevations.  There would be a minimum of 21m between the
extension and the front elevation of the properties at nos 31 and 33 and
approximately 19m between the extension and the gable at no. 26 which are directly
opposite the application site. Whilst short of the standards the impact on privacy will
not be to such an extent as to warrant refusal of planning permission taking into
account the more publicly visible nature of front elevations. 
The proposal will not have a significant impact on the outlook from or daylight and
sunlight to neighbouring properties.
Recommendation:
Refuse planning permission
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Refusal of Planning Permission
Town and Country Planning (Scotland) Act 1997
Reg. No.   23/00684/DPP
David Paton Building Consultancy
13 High Street
Loanhead
EH20 9RH
Midlothian Council, as Planning Authority, having considered the application by Ms Yolanda
Martinez-Pereira, 40 Charlton Grove, Roslin, Midlothian, EH25 9NX, which was registered
on 23 October 2023 in pursuance of their powers under the above Acts, hereby refuse
permission to carry out the following proposed development:
Extension to dwellinghouse at first floor level and associated works at 40 Charlton
Grove, Roslin, EH25 9NX
in accordance with the application and the following documents/drawings:
Document/Drawing. Drawing No/Scale Dated
Location, Elevations and Floor Plan Pn1 1:1250 1:500 1:50 23.10.2023
The reason(s) for the Council's decision are set out below:
1. Due to the external materials and finishes proposed on the extension it will appear
out of character with the existing house and the surrounding area.  As a result of
the unsatisfactory relationship of the extension with the existing building it will
detract from the visual amenity of the surrounding area.
2. For the above reasons the proposed extension is contrary to the aims of policies 14
and 16 of NPF4 and DEV2 of the adopted Midlothian Local Development Plan 2017
which seek to improve the quality of an area, resist poorly designed development
and  protect the character or environmental quality of the home and the
surrounding area.
Dated    11 / 12 / 2023
……………………………..
Duncan Robertson
Lead Officer – Local Developments 
Fairfield House, 8 Lothian Road, Dalkeith, EH22 3ZN
Appendix D
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Any Planning Enquiries should be directed to:      
Planning and Local Authority Liaison
Direct Telephone:  01623 637 119
Email:  planningconsultation@coal.gov.uk
Website: www.gov.uk/coalauthority
Development Low Risk Area- STANDING ADVICE
The proposed development lies within a coal mining area which may contain
unrecorded coal mining related hazards.  If any coal mining feature is encountered
during development, this should be reported immediately to the Coal Authority on
0345 762 6848.
Further information is also available on the Coal Authority website at:
www.gov.uk/government/organisations/the-coal-authority  
Standing Advice valid from 1st January 2023 until 31st December 2024
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Appendix E
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Page 61

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Page 62

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Local Review Body
Monday 25 March 2024
Item No 5.3
Notice of Review: Land South West of St Roberts Croft, Nine
Mile Burn, 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 planning
permission in principle for the erection of dwellinghouse on land south
west of St Roberts Croft, Nine Mile Burn, Penicuik.
2 Background
2.1 Planning application 23/00708/PPP for planning permission in principle
for the erection of dwellinghouse on land south west of St Roberts
Croft, Nine Mile Burn, Penicuik was refused planning permission on 15
December 2023; 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 15 December 2023 (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:
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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 four 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 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).
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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 and kerbing;
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 trees 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.
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 roofspace.
4. The means of enclosure approved in accordance with condition 2a)
shall comprise either native hedging or natural stone walling.
Reason for conditions 3 and 4: To be in keeping with the
surrounding houses within the housing group; to protect the visual
amenity of the surrounding rural area.
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5. The scheme of landscaping approved in accordance with condition
2i) shall include a tree survey which shall include root protection
areas of trees within and adjacent to the site.     
6. The scheme of landscaping approved in accordance with condition
2i) shall be carried out and completed within six months of the
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 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. 
7. Before the new house is occupied the installation of the means of
drainage treatment and disposal approved in terms of condition 2h)
above shall be completed to the satisfaction of the planning
authority. 
Reason: To ensure that the house is provided with adequate
drainage facilities prior to occupation. 
8. Development shall not begin until an application for approval of
matters specified in conditions for a written scheme of investigation
for a programme of archaeological (monitored soil strip) work has
been submitted to and approved in writing by the planning
authority. Development thereafter shall comply with the approved
scheme of investigation. 
Reason: To ensure this development does not result in the
unnecessary loss of archaeological material in accordance with
Policy ENV25 of the Midlothian Local Development Plan 2017. 
9. The works hereby approved, including vegetation and site
clearance works, 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 authority is in place within
which there can be no works until the related chicks have fledged.   
Reason: To protect and enhance the local biodiversity of the site;
there is potential for the disturbance of breeding birds at the site
during bird breeding season. 
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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
Planning, Sustainable Growth and Investment Manager 
Date:  15 March 2023
Report Contact:     Mhairi-Anne Cowie, Planning Officer
Mhairi-Anne.Cowie@midlothian.gov.uk 
Background Papers: Planning application 23/00708/PPP available for
inspection online.
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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
Midlothian Council Licence No. AC0000811376 (2024)
Midlothian Council
Fairfield House
8 Lothian Road
Dalkeith
EH22 3AA
Planning Service
Place Directorate
Application for planning permission in principle for erection of
dwellinghouse at Land South West of St Roberts Croft, Nine
Mile Burn, Penicuik,
File No: 23/00708/PPP
Scale:1:750 ±
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 100650058-002
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
Ferguson Planning
-
-
Thistle Street
38
01896 668744
EH2 1EN
Scotland
Edinburgh
Ruaraidh@fergusonplanning.co.uk
Appendix B
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Page 2 of 5
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: *
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
Other
-
J. McCormick, H. Walker,
Midlothian Council
I. Clarke, and F. Connerty Thistle Street
38
EH2 1EN
Land south-west of St Robert’s Croft, Nine Mile Burn, EH26 9LZ
Scotland
657506
Edinburgh
317516
per Agent
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Page 3 of 5
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
Please see Local Review Statement
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Page 4 of 5
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.
Please see Local Review Statement
23/00708/PPP
15/12/2023
30/10/2023
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Page 5 of 5
Declare – Notice of Review
I/We the applicant/agent certify that this is an application for review on the grounds stated.
Declaration Name: - Ferguson Planning
Declaration Date: 19/02/2024
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1
NEW DWELLING AT NINE MILE BURN 
NEW DWELLING SOUTH-WEST OF 
ST ROBERTS CROFT, NINE MILE BURN 
JOANNE McCORMICK, HEATHER WALKER, IAIN CLARKE, AND FIONA CONNERTY
FEBRUARY 2024 
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2
NEW DWELLING AT NINE MILE BURN
CONTENTS
EXECUTIVE SUMMARY ................................. 3
INTRODUCTION............................................. 5
REFUSAL OF APPLICATION BY
MIDLOTHIAN COUNCIL AND
PLANNING POLICY CONTEXT .................... 9
GROUNDS OF APPEAL AND CASE FOR
APPELLANT ................................................... 13
CONCLUSION .............................................. 22
CORE DOCUMENTS ................................... 24 
Ref:  E-JMC-0311
Council ref: 23/00708/PPP
Prepared by:  Ruaraidh Thompson MRTPI
Approved by: Tim Ferguson MRTPI 
Date of Issue: February 2024
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3
NEW DWELLING AT NINE MILE BURN 
NEW DWELLING, NINE MILE BURN 
EXECUTIVE SUMMARY 
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4
NEW DWELLING AT NINE MILE BURN 
EXECUTIVE SUMMARY 
This Statement is submitted on behalf of Joanne McCormick, Heather
Walker, Iain Clarke, Fiona Connerty (the Appellants) against the
decision by Midlothian Council to refuse Planning Permission in
Principle for the erection of a new dwelling on land south-west of St
Robert’s Croft, Nine Mile Burn on 15th December 2023 (reference
23/00708/PPP). All Core Documents (CD) are referenced in Appendix
1. 
The proposed development is considered to accord with adopted
policy and represent sustainable development. The case for the
Appellants is summarised below:
• The Appellants and Planning Authority agree that the appeal site
lies within the setting and forms part of an existing housing group
at Nine Mile Burn. It is further agreed that that the appeal site is a
physically and functionally “suitable location for a house”.
• In order to be acceptable in planning terms, the proposed
development needs to satisfy only one of Policy RD1 or NPF4
Policies 16 & 17.
• The proposed dwelling represents a prospective self-provided
home, an adaptable and wheelchair accessible home, and a
home suitable for occupation by older people. Therefore, it
satisfies three separate items listed under branch c) of Policy 16
and is considered to accord with that Policy.
• The proposed dwelling would support local living at Nine Mile
Burn, consistent with the Rural Revitalisation principle of NPF4.
This is appropriate to local circumstances as one new dwelling
was approved in 2017 and another in 2018, confirming that the
settlement is a location for delivery of further small-scale housing. 
Therefore, the proposed dwelling accords Policy 17 as it is consistent
with branch b).
• The first reason for refusal claims that no further dwellings can be
approved as one new house was approved in the Local Development
Plan period Nov’ 2017 to Nov’ 2022.
• Both the Town and Country Planning (Scotland) Act 2006 (as amended)
and paragraph 1.1.4 of the Local Development Plan (LDP) confirm that
the LDP has a period of five years. It was adopted on 07/11/2017, so
lapsed on 06/11/2022, and is now out of date. 
• As the period of the Local Development Plan 2017 has now lapsed, the
housing group at Nine Mile Burn to the south of Monks Burn is now
eligible for approval of another dwelling.
• The second reason for refusal claims that the appeal site occupies an
unsustainable location as Nine Mile Burn represents two housing groups
not a defined settlement.
• Nine Mile Burn benefits from a small variety of amenities. Particularly a
vehicle repair garage and a specialist retailer (logs for domestic heating).
The settlement also has a bus stop served by the 101/102 service. All of
these amenities are considered to create a legitimate requirement for
support and population growth, consistent with the NPF4 principle Rural
Revitalisation.
• The 101/102 bus service provides public transport connectivity to
Penicuik, with average journey time of ten minutes, and ensures
Nine Mile Burn is a sustainable location.
• The appeal site lies 19 minutes cycle of the Lidl supermarket in Penicuik
and is consistent with the local living and 20 minute neighbourhood
principles, established by NPF4 Policy 15. 
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5
NEW DWELLING AT NINE MILE BURN 
1.1.Engagement.  Housing.  Retail / Town Centre Regenration.
INTRODUCTION 
NEW DWELLING, NINE MILE BURN 
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6
NEW DWELLING AT NINE MILE BURN 
INTRODUCTION 
2 Introduction
1.1 This Statement supports a Notice of Review of the delegated
decision of Midlothian Council to refuse to grant Planning
Permission in Principle for the erection of a new dwelling to the
south-west of St Robert’s Croft, Nine Mile Burn, EH26 9LZ. 
1.2 The appeal site is located 6 kilometres to the south-west of
Penicuik in a cluster of existing dwellings. A total of eight existing
dwellings have been identified within the cluster – Ptarmigan,
Crooked Acre, Crichtons Croft, St Robert’s Croft, Greenbraes,
Nether Whitehill, Whitehill, and the Firs. The existing dwellings
extend from the north, south, east, and west of the site, visible in
Fig.1. St Robert’s Croft sits adjacent to the appeal site across the
north-east boundary while Greenbraes sits adjacent across the
south-west boundary. 
1.3 The appeal site extends to 1,270m2 and currently comprises
rough grass in distinct square-shaped form, fenced on all four
sides, and bounded by the minor public road to the south-east.
The site is broadly flat with a gentle slope falling away from south-
east to north-west. While existing dwellings bound the site to the
north-east and south-west and the minor public road defines the
south-east boundary, the north-west boundary of the appeal site
is fenced off from a large agricultural field, in grazing use, which
also shares boundary with St Robert’s Croft and Greenbraes. 
1.4 The appeal site and its surrounding are accessed by a minor public
road that shares a ‘T-junction’ with the A702 to the north-east of the
site. The site lies circa 500 metres along the road from the A702. In
total around 20 no. existing dwellings are accessed off the minor
public road. 
1.5 The appeal site and its surroundings are considered to comprise an
existing housing group of 8 no. existing dwellings. The minor public
road adjacent to the south-east of the site provides access to all
existing dwellings within the housing group, although Ptarmigan,
Crooked Acre, and the Firs share a private drive to the public road. St
Robert’s Croft and Whitehill are the only existing dwellings to appear
on the first edition Ordnance Survey Map and are considered to be
the oldest houses in the locale. 
1.6 There are no historic environment designations on-site or in the
surrounding area. It is noted that archaeological trenching took place
prior to construction of Nether Whitehill that found nothing within its
own area of interest but noted earthwork remains of a “post-medieval
farmstead” (Canmore ID: 365482). Those remains are though to lie
within the curtilage of Crooked Acre and/or Crichtons Croft. 
1.7 The appeal site is not an environmentally designated site or part of an
environmentally designated site. The nearest environmental
designation is understood to be the Site of Special Scientific Interest
(SSSI) on the River North Esk at Newhall House. The application lies
approximately 950 metres north of the SSSI on the other side of the
A702. 
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7
NEW DWELLING AT NINE MILE BURN 
Fig 1: Extract from 23023-D01 Site Plan (Source: D2 Architectural Design).
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8
NEW DWELLING AT NINE MILE BURN 
Fig 2: Aerial image of Nine Mile Burn
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9
NEW DWELLING AT NINE MILE BURN 
NEW DWELLING, NINE MILE BURN
REFUSAL OF APPLICATION BY MIDLOTHIAN
COUNCIL AND PLANNING POLICY CONTEXT
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10
NEW DWELLING AT NINE MILE BURN 
REFUSAL OF APPLICATION BY COUNCIL AND PLANNING POLICY CONTEXT 
2.1 Planning Application 23/00708/PPP was refused on 15th
December 2023. The Decision Notice (CD9) cited two reasons for
refusal, set out below: 
“1. The proposal for a dwellinghouse does not comply with
the housing group policy where only one house where there
are five existing dwellings or more may be supported during
each plan period. Planning permission has already been
granted for the erection of one house on an adjacent site
within this established housing group of Nine Mile Burn West
during this plan period and there is no policy support for a
further house to be sited in this group. Therefore, there is no
justification for the development of a residential unit in this
countryside location as it would be contrary to policy RD1 of
the adopted Midlothian Local Development Plan 2018, the
related supplementary planning guidance and Policy 17 of
the National Planning Framework 4. 
2. It has not been demonstrated to the satisfaction of the
Planning Authority that the proposed development has been
sited in a sustainable location. The proposed development
fails to address the global climate crisis in this respect.
Therefore the proposed development does not comply with
the overarching aims of NPF4 and policy 1 of NPF4
specifically.” 
National Planning Framework 4 
2.2 National Planning Framework 4 was adopted in February 
2023. The document addresses national planning policy and the 
Government’s approach to achieving a net zero sustainable Scotland
by 2045. 
2.3 One of the six overarching spatial principles of NPF4 is to support rural
revitalisation. This takes the form of encouraging sustainable
development in rural areas, recognising the need to grow and
support urban and rural communities together. The adopted text
confirms that the strategy and policies “support development that
helps to retain and increase the population of rural areas of Scotland”. 
2.4 Policy 1 Tackling the Climate and Nature Crises requires that “when
considering all development proposals significant weight will be given
to the global climate and nature crises.” 
2.5 Policy 2 Climate Mitigation and Adaptation makes the following
policy provisions relevant to the determination of planning
applications:
a) Development proposals will be sited and designed to minimise
lifecycle greenhouse gas emissions as far as possible.
b) Development proposals will be sited and designed to adapt to
current and future risks from climate change.
c) Development proposals to retrofit measures to existing
developments that reduce emissions or support adaptation to
climate change will be supported. 
2.6 Policy 15 Local Living and 20 minute Neighbourhoods establishes 20
minute neighbourhoods as a policy principle. The adopted text is
incorporated below: 
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11
NEW DWELLING AT NINE MILE BURN 
a) Development proposals will contribute to local living including,
where relevant, 20 minute neighbourhoods. To establish this,
consideration will be given to existing settlement pattern, and
the level and quality of interconnectivity of the proposed
development with the surrounding area, including local access
to:
• sustainable modes of transport including local public
transport and safe, high quality walking, wheeling and
cycling networks;
• employment;
• shopping;
• health and social care facilities;
• childcare, schools and lifelong learning opportunities;
• playgrounds and informal play opportunities, parks, green
streets and spaces, community gardens, opportunities for
food growth and allotments, sport and recreation facilities;
• publicly accessible toilets;
• affordable and accessible housing options, ability to age in
place and housing diversity. 
2.7 Policy 16: Quality Homes is relevant to the proposed
development. Branch c) states that “development proposals for
new homes that improve affordability and choice by being
adaptable to changing and 
diverse needs, and which address identified gaps in provision, will
be supported. This could include:
i. self-provided homes;
ii. accessible, adaptable and wheelchair accessible
homes;
iii. build to rent; 
iv. affordable homes;
v. a range of size of homes such as those for larger families;
vi. homes for older people, including supported
accommodation, care homes and sheltered housing;
vii. homes for people undertaking further and higher education;
and
viii. homes for other specialist groups such as service personnel.” 
2.8 The intent of Policy 17: Rural Homes is to encourage, promote and
facilitate the delivery of more high quality, affordable and sustainable
rural homes in the right locations. 
2.9 Branch a) of the Policy sets out that “development proposals for new
homes in rural areas will be supported where the development is
suitably scaled, sited and designed to be in keeping with the character
of the area and the development.” 
2.10 Branch c) of the Policy makes provision that “new homes in remote
rural areas will be supported where the proposal:
i. supports and sustains existing fragile communities;
ii. supports identified local housing outcomes; and
iii. is suitable in terms of location, access, and environmental
impact.” 
Local Development Plan 
2.11 Policy RD1 of the Midlothian Local Development Plan (LDP) details the
circumstances in which new houses will be considered acceptable. 
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12
NEW DWELLING AT NINE MILE BURN 
This sets out details on support for development relating to
housing groups and is considered to represent the pertinent
material consideration in the determination of the appeal
proposal. 
2.12 The relevant part of Policy RD 1 is copied below: 
“The following circumstances are exceptions to the above
requirement to demonstrate that the housing is for the furtherance
of a countryside activity. The details of these exceptions will be set
out in the relevant Supplementary Guidance:
• housing groups (allowing 1 new dwelling during the plan
period1 where there are 5 existing units);
• conversions of redundant farm buildings or other non-
residential buildings;
• redevelopment of redundant farm buildings or other non-
residential buildings; or
• enabling development where it can be clearly shown to be
the only means of preventing the loss of a heritage asset
and securing its long-term future.” 
1 Underline represents the emphasis of this author.
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13
NEW DWELLING AT NINE MILE BURN 
NEW DWELLING, NINE MILE BURN
GROUNDS OF APPEAL AND CASE FOR
APPELLANT
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14
NEW DWELLING AT NINE MILE BURN 
GROUNDS OF APPEAL AND CASE FOR APPELLANT 
3.1 The decision of the Planning Authority to refuse the Application
is challenged on the basis of the Grounds of Appeal set out
below. It is the submission of the Appellants that the proposed
development accords with the relevant adopted policy of
National Planning Framework 4 and the Local Development Plan
and that there are no material considerations which justify the
refusal of the application. 
GROUND 1: The proposed development represents the erection
of a dwelling on a site which is well related to the existing housing
group at Nine Mile Burn and would be fully contained within the
existing development pattern and established boundaries. 
GROUND 2: The proposed development represents the
expansion of a housing group at Nine Mile Burn which is an
established hamlet. Nine Mile Burn hosts a vehicle repair garage
and a specialist retailer (logs for domestic heating) – which
represent amenities that require support. Refusing new housing
in the hamlet and depriving existing amenities of custom and
support is not a form of sustainable development and would not
contribute to a resilient community being maintained locally.
Nine Mile Burn benefits from a well used bus service (101/102)
and is within twenty minutes cycle of Penicuik and therefore
represents a sustainable location. 
GROUND 1: THE PROPOSED DEVELOPMENT REPRESENTS THE
ERECTION OF A DWELLING ON A SITE WHICH IS WELL RELATED
TO THE EXISTING HOUSING GROUP AT NINE MILE BURN AND
WOULD BE FULLY CONTAINED WITHIN THE EXISTING
DEVELOPMENT PATTERN AND ESTABLISHED BOUNDARIES. 
3.2 During the course of application determination, the following
consultee responses were received from Council Officers and
external consultees:
• Roads Planning – No response.
• Biodiversity – No objection.
• Archaeology – No objection.
• Scottish Water – No objection. 
3.3 It is the Appellants’ position that the appeal site lies within the setting
and forms part of an existing housing group in this part of Nine Mile
Burn (shown in Fig.2) and that the proposed dwelling would enhance
the defined sense of place. 
3.4 It is accepted by both the Appellants and the Planning Authority that
a housing group exists in Nine Mile Burn and the hamlet is suitable for
further housing. However, Report of Handling 23/00708/PPP states
“there are 16 houses within the group at Nine Mile Burn and therefore
potential for one further house in the current MLDP period”. The
Report of Handling also confirms that the appeal site “would appear
to be a suitable location for a house”. However, the appointed
Planning Officer attaches significant weight to the approval of another
new dwelling within the first six months of the Local Development Plan 
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NEW DWELLING AT NINE MILE BURN 
period and considers that approval to exhaust the housing
group’s expansion capacity. 
3.5 The Appellants’ position is that the proposed dwelling sits
together with the other existing dwellings in this part of Nine Mile
Burn, to the south of Monks Burn and set back away from the
carriageway of the A702. The appeal site sits enclosed between
the existing dwellings St Robert’s Croft to north-east and
Greenbraes the south-west. This approach is strongly supported
by the Housing Development in the Countryside and Green Belt
Supplementary Guidance, which clarifies that the primary
intention of Policy RD1 is “to ensure that there are appropriate
opportunities for small-scale infill within housing groups” in
section 6.1. 
NPF4
3.6 It is noted that Report of Handling states “there is no support for
a house in principle through NPF4”. However, this assessment is
considered to be completely mistaken. 
3.7 Firstly, both NPF4 Policies 16 & 17 are pertinent to the proposal.
Report of Handling 23/00708/PPP assesses the proposal against
Policy 17 only. This omission is a significant mistake. 
3.8 Although it is only necessary to prove accordance with one item
under branch c) of Policy 16; the proposed development is
considered to achieve full accordance with three separate items
– (i.) self-provided homes, (ii) accessible, adaptable and
wheelchair accessible homes, and (vi) homes for older people,
including supported accommodation, care homes and sheltered
housing.
3.9 Corporate developers (including housebuilders) are not interested in
developing modestly sized single houses in the countryside. It does
not generate sufficient returns and requires too high a standard of
finish. It is a certainty that the proposed dwelling would be delivered
on self-build basis, either by one of the Appellants or a successor in
title. Therefore, the proposed development is considered to satisfy
item i. of branch c) as it represents a self-provided home. 
3.10 The new dwelling has been designed with accessibility in mind.
Although it is intended to accommodate two bedrooms upstairs, all
primary living accommodation shall be provided on the ground floor.
The ground floor also includes a bedroom and a bathroom. 
3.11 The design intention is to construct doorways at sufficient width for
wheelchairs to easily pass. Space has also been safeguarded for
installation of a lift. While it is not the intention of the Appellants to
install the lift in initial construction, the option will be retained for
future occupiers to exercise, including those subsequent to the first
occupation. Consideration and assessment of construction
specification and other exact detail is deferred to the subsequent
stage of the planning process and the Building Standards system
respectively. Therefore, the proposed dwelling is considered to
satisfy items ii. & vi. of branch c) as it represents a home which is
accessible, adaptable, wheelchair accessible and suitable for
occupation by older people. 
3.12 On this basis, the proposed development is considered to accord with
NPF4 Policy 16. 
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NEW DWELLING AT NINE MILE BURN 
3.13 Further, although the Report of Handling gives some
consideration to NPF4 Policy 17, it focuses on branch a) only
omitting the three other branches. 
3.14 Branch b) of Policy 17 requires that development in rural areas
should “contribute towards local living” and take account of local
context and circumstances. Planning Permission 17/00732/PPP
approved a new dwelling on land adjacent to the south-west of
Crichton’s Croft in March 2018, several months after the current
Local Development Plan was adopted. Therefore, it is considered
that the Planning Authority has formally confirmed that the local
community in Nine Mile Burn should be supported and the hamlet
allowed to expand as a living local community now and into the
future. Nine Mile Burn is not an isolated and remote community
which is too small to support new housing. 
3.15 Therefore, the proposed development is considered to accord with
NPF4 Policy 17 as it contributes towards local living and takes
account of local context and circumstances, satisfying branch b). 
LOCAL DEVELOPMENT PLAN
3.16 As mentioned above, the Report of Handling agrees that a
housing group is present and the site is otherwise suitable for a
new dwelling. It declines to support the proposal on the basis that
it considers capacity for expansion to be exhausted. 
3.17 The rationale employed to come to this conclusion is that
following adoption of the current Local Development Plan 
in November 2017, Planning Permission 17/00732/PPP approved
a new dwelling on land adjacent to the south-west of Crichton’s  
Croft in March 2018. The appointed Planning Officer considers this to
have exhausted expansion capacity in the housing group at this part of
Nine Mile Burn. 
3.18 However, it is considered that this represents a misinterpretation of
Policy RD1. 
3.19 Policy RD1 states that 1 no. new dwelling will be permitted in
each housing group “during the plan period”. It does not state
that each housing group will be permitted to expand by 1 no.
new dwelling, with no further development until a new Local
Development Plan is adopted. 
3.20 Midlothian Local Development Plan (2017) (“the LDP”) was adopted in
the legal context established by the Planning etc. (Scotland) Act 2006 (as
amended). Local Development Plans adopted in the context established
by the 2006 Act have a period of five years. This is reaffirmed in
paragraph 1.1.4 of the LDP which confirms it needs to be “reviewed every
five years”. 
3.21 The adoption in November 2017 predates the Planning (Scotland) Act
2019 receiving Royal Assent in July 2019. 
3.22 Therefore, the period of the LDP began on 7th November 2017 and
expired on 6th November 2022. Although it remains adopted, as of
February 2024 the LDP period has expired as the statutory date by which
the Planning Authority should have adopted a new LDP has not been met. 
3.23 Therefore, it is the position of the Appellants that it is incorrect to use the
fact a new LDP has not been adopted to justify refusal of an otherwise
acceptable planning application. 
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Fig 3: Extract from 23023-D01 Site Plan (Source: D2 Architectural Design).
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NEW DWELLING AT NINE MILE BURN 
3.24 For the purpose of clarity, the Appellants want to stress that they
understand that preparation and adoption of a new Local
Development Plan was not possible because of the COVID 19
crisis (2020-22). However, it is considered that it would be neither
rationale nor proportionate to refuse planning permission for the
proposed dwelling on this basis as COVID was fully beyond the
control of the Appellants. 
3.25 We agree with the appointed Planning Officer when she states: 
“A house situated towards the roadside edge of the plot would
appear as a logical addition to the existing group and maintain
the strong roadside presence of the group.” 
3.26 On this basis, it is unjustified to consider the proposed
development to not accord with Policy RD1 as a result of the
maximum capacity restriction. Instead, it is considered that the
proposed development achieves accordance with Policy RD1
and that the principle of development is acceptable. 
3.27 The Planning Authority and Appellants agree that there is an
existing housing group at Nine Mile Burn and that the appeal site
sits within its sense of place and setting, as required by Policy
RD1. As the period of the current Local Development Plan
expired in November 2022, it is considered that the maximum
capacity restriction in Policy RD1 is no longer applicable and
cannot be used to refuse planning applications that are
acceptable in all other respects. The appeal site is 
strongly contained on three sides between two existing dwellings
and the adopted public road. On the basis the proposed 
dwelling is considered to accord with Policy RD1. The proposed 
development is considered to easily achieve accordance with both
Policy 16 (branch c)) and Policy 17 (branch b)) of NPF4. Therefore, the
principle of development is considered to be acceptable. 
GROUND 2: THE PROPOSED DEVELOPMENT REPRESENTS THE
EXPANSION OF A HOUSING GROUP AT NINE MILE BURN WHICH
IS AN ESTABLISHED HAMLET. NINE MILE BURN HOSTS A
VEHICLE REPAIR GARAGE AND A SPECIALIST RETAILER (LOGS
FOR DOMESTIC HEATING) – WHICH REPRESENT AMENITIES
THAT REQUIRE SUPPORT. REFUSING NEW HOUSING IN THE
HAMLET AND DEPRIVING EXISTING AMENITIES OF CUSTOM
AND SUPPORT IS NOT A FORM OF SUSTAINABLE
DEVELOPMENT AND WOULD NOT CONTRIBUTE TO A RESILIENT
COMMUNITY BEING MAINTAINED LOCALLY. NINE MILE BURN
BENEFITS FROM A WELL USED BUS SERVICE (101/102) AND IS
WITHIN TWENTY MINUTES CYCLE OF PENICUIK AND
THEREFORE REPRESENTS A SUSTAINABLE LOCATION. 
3.28 It is noted that the Report of Handling states that: 
“The site is in a relatively remote countryside area. While the above-
mentioned details seek to address the climate crisis the application
site is a fundamentally unsustainable location for a new house. The
majority of trips to and from the site and likely to be done by private
car, which is not in line with NPF4’s focus on sustainability.” 
3.29 Unfortunately, the Report of Handling has made errors of fact and
judgement in reaching this conclusion. 
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NEW DWELLING AT NINE MILE BURN 
3.30 It is considered to be factually inaccurate that Nine Mile Burn is “a
fundamentally unsustainable location for a new house”. 
3.31 Nine Mile Burn is considered to be a larger hamlet with a small
variety of local services The Report of Handling itself identifies the
appeal site to form part of an existing housing group comprising
sixteen existing dwellings at Nine Mile Burn. The Appellants
accept the spirit of this opinion but consider rather than there are
two housing groups at Nine Mile Burn – one to the south of Monks
Burn, comprising eight existing dwellings, and a second to the
north incorporating fourteen existing dwellings. 
3.32 Regardless of whether one or two housing groups are present,
the settlement benefits from both a vehicle repair garage (Rizzo’s
Auto Repairs) and a specialist retailer stocking logs for domestic
heating (Colin Mark Garden and Tree Services). Both premises
can be accessed in a walk of less than 10 minutes from the site (2
minutes driving). 
3.33 NPF4 Policy 15 stresses the importance of local living and
maintaining land use policies that support local amenities and
services. This is important to avoid universal suburbanisation and
maintain the character of high density towns and cities, smaller
market towns and villages, and countryside hamlets that have a
small variety of services (like Nine Mile Burn). 
3.34 If the rationale adopted in the Report of Handling was to be
employed across Midlothian, the ultimate result would be refusal
of new housing in any location that does not sit within 20 minutes
walk of a supermarket or independent green grocer. Such an
approach would have the effect of preventing new housing in all 
countryside hamlets (including those that have existing pubs, primary
schools, petrol stations, and even small newsagents). In practice, this
would effectively exclude young people and families from becoming
resident in the countryside and cause an unbalanced,
disproportionately older population to emerge. 
3.35 It is considered that this is not the intention of either NPF4 Policy
1 or 15. This opinion is strengthened by both the Rural
Revitalisation principle of NPF4 which supports “development
that helps to retain and increase the population of rural areas”
and the National Population Strategy for Scotland (2021) which
is entitled “Balance: Ensuring Our Population Is More Balanced
And Distributed Across Scotland So All Our Communities Can
Flourish”. 
3.36 On the contrary, it is the position of the Appellants that Nine Mile Burn
and other materially similar settlements require an appropriate level
of new housing to ensure the rural community remains balanced and
vibrant, so that it is able to fully support existing amenities and
services. 
3.37 Policy 15 further explains the importance of public transport and the
availability of good access to “sustainable modes of transport
including local public transport and safe, high quality walking,
wheeling and cycling networks”. 
3.38 A two way bus stop exists on the A702 in Nine Mile Burn, just outside
the vehicle repair garage. The bus stop is served in both directions by
the 101/102 service operated by Houston’s Coaches. 
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NEW DWELLING AT NINE MILE BURN 
3.39 It is considered that members will be more aware than anyone
else of the issues that local communities in the Pentlands
(including Penicuik), Clydesdale, and north Dumfriesshire have
overcome in recent years to protect and preserve the 101/102
bus service. Indeed, the 101/102 is likely to be the most high
profile, threatened, rural bus service anywhere in Scotland. 
3.40 The case of the 101/102 bus service is considered to highlight the
importance of supporting local services with both rural-
appropriate planning policy and responsible consumer choice. 
3.41 The 101/102 bus service provides a strong connectivity link to
Penicuik (six kilometres to the north-east) and strengthens the
accordance of the proposal with Policy 15. 
3.42 While the appeal site and its surroundings benefit from strong
public transport connection to Penicuik, it is not the only
sustainable transport method available. 
3.43 Policy 15 also attaches importance to application sites being
located within twenty minutes walk and/or cycle of town and
other centres. While the appeal site lies within ten minutes walk
of local amenities in Nine Mile Burn, Penicuik town centre can also
be reached. 
3.44 The Lidl supermarket on Kentigern Way in Penicuik stands 4.5
miles from the site (door-to-door distance). Google Maps
confirms that a cyclist of average competence and confidence on
public road can complete the journey in 19 minutes exactly
(extract copied in Fig.4). 
3.45 It should be noted that Google uses speeds and times typical of
average competence and confidence for road cycling. It is possible
for strong cyclists to complete the journey more quickly. 
3.46 As the journey can be completed in twenty minutes, it is considered
that the proposed development is consistent with the 20 minute
neighbourhood principle established by NPF4 Policy 15 and fully
accords with the Policy. 
3.47 The appeal site is considered to occupy a sustainable location which
is suitable for further housing. The appeal site sits in close proximity
to a small variety of local amenities in Nine Mile Burn; as well as a bus
stop served by the 101/102 service (linking Midlothian, the Borders,
South Lanarkshire, and Dumfriesshire with Edinburgh city centre and
large parts of the inner city); and within twenty minutes cycle of the
Lidl supermarket in Penicuik. Therefore, the proposed development
is consistent with the dual principles local living and 20 minute
neighbourhoods and accords with NPF4 Policies 1 & 15. 
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NEW DWELLING AT NINE MILE BURN 
Fig 4: The journey from the appeal site to Lidl, Penicuik by bicycle as 
detailed by Google Maps, February 2024.
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NEW DWELLING AT NINE MILE BURN 
CONCLUSION
NEW DWELLING, NINE MILE BURN
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NEW DWELLING AT NINE MILE BURN 
CONCLUSION 
4.1 The Notice of Review, supported by this Statement, respectfully
requests that the Council overturns the decision to refuse
Planning Permission in Principle for Application 23/00708/PPP
and grant consent for the erection of a new dwelling on land
south-west of St Robert’s Croft, Nine Mile Burn, EH26 9LZ. 
4.2 The proposed development represents the enlargement of the
existing housing group at Nine Mile Burn to the south of Monks
Burn by single dwelling upon a site that is bound by existing
dwellings to both the north-east and south-west. The proposed
development is considered to represent a self-provided home; a
house that is accessible, adaptable, and wheelchair accessible;
and a house suitable for older people and those receiving
support to live in. On this basis, the proposed development is
considered to accord with NPF4 Policies 16 & 17. 
4.3 The proposed development is considered to also accord with
Policy RD1 as it is an infill site in an otherwise continuously
developed row of detached dwellings which form an existing
housing group. The maximum capacity restriction is not
applicable as the period of the Local Development Plan lapsed
on 6th November 2022 and is now out of date. Therefore, the
proposed development is considered to accord with Policy RD1. 
4.4 Achieving accordance with only one of Policies 16, 17, & RD1 
is sufficient to establish the principle of development. In this 
case, the proposed development accords with all three policies, 
therefore it is considered indisputable that the principle of
development is acceptable. 
4.5 The appeal site is considered to be sustainably located in Nine Mile
Burn which is a hamlet suitable for further housing. Nine Mile Burn
benefits from a small variety of local amenities which require support,
a bus stop served by the 101/102 service to both Penicuik and
Edinburgh, and can be reached within twenty minutes cycling from
the Lidl supermarket in Penicuik. Therefore, the proposed
development accords with NPF4 Policies 1 & 15 as it satisfies the dual
principles of local living and 20 minute neighbourhoods and would
not exacerbate the climate crisis. 
4.6 The proposed development supports the sustainable growth of an
existing rural community and will improve housing choice in the local
area. Nine Mile Burn is a small existing community with existing
housing groups to both the north and south of Monks Burn. It is
considered that the Rural Revitalisation principle applies strongly to
Nine Mile Burn and its environs, especially the direction to support
rural population growth. 
4.7 The Local Review Body is respectfully requested to allow the appeal
and grant Planning Permission in Principle for the erection of a new
dwelling on land south-west of St Robert’s Croft, Nine Mile Burn. 
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NEW DWELLING AT NINE MILE BURN 
NEW DWELLING, NINE MILE BURN
CORE DOCUMENTS
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NEW DWELLING AT NINE MILE BURN 
CORE DOCUMENTS 
The following drawings, documents, and plans have been submitted to
support the Notice of Review: 
• Notice of Review Form;
• CD1 Local Review Statement;
• Application Form
• CD2 (Application) Planning Statement;
• CD3 23023-D01 Site Plan;
• CD4 23023-D02 Conceptually Proposed Elevations;
• CD5 Report of Handling 23/00708/PPP; and
• CD6 Decision Notice 23/00708/PPP. 
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NEW DWELLING AT NINE MILE BURN 
E: tim@fergusonplanning.co.uk
W W W . F E R G U S O N P L A N N I N G . C O . U K
GALASHIELS 
Shiel House
54 Island Steet
Galashiels 
TD1 1NU 
T:  01896 668 744
M: 07960 003 357
EDINBURGH 
38 Thistle Street
1st Floor
Edinburgh
EH2 1EN 
T:  0131 385 8801
NORTHERN IRELAND 
61 Moyle Road
Ballycastle, Co. Antrim
Northern Ireland
BT54 6LG 
M: 07960 003 358 
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NEW DWELLING AT NINE MILE BURN 
NEW DWELLING SOUTH-WEST OF 
ST ROBERTS CROFT, NINE MILE BURN
JOANNE McCORMICK, HEATHER WALKER, IAIN CLARKE, AND FIONA CONNERTY
OCTOBER 2023 
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NEW DWELLING AT NINE MILE BURN
CONTENTS
INTRODUCTION............................................. 3
THE PROPOSAL .............................................. 7
PLANNING POLICY CONTEXT .................. 11
PLANNING ASSESSMENT .......................... 16
CONCLUSION .............................................. 21 
Ref: E-JMC-0311
Council ref: TBC
Prepared by: Ruaraidh Thompson MRTPI
Approved by:  Tim Ferguson MRTPI
Date of Issue: October 2023
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NEW DWELLING AT NINE MILE BURN 
NEW DWELLING, NINE MILE BURN 
INTRODUCTION
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NEW DWELLING AT NINE MILE BURN
INTRODUCTION 
1 Introduction
1.1. This Planning Statement, prepared by Ferguson Planning, is
submitted to Midlothian Council on behalf of the Applicants
Joanne McCormick, Heather Walker, Iain Clarke, Fiona Connerty.
This Statement supports an Application for Planning Permission
in Principle for the erection of a new dwelling to the south-west of
St Robert’s Croft, Nine Mile Burn, EH26 9LZ. 
1.2. The application site is located 6 kilometres to the south-west of
Penicuik in a cluster of existing dwellings. A total of eight existing
dwellings have been identified within the cluster – Ptarmigan,
Crooked Acre, Crichtons Croft, St Robert’s Croft, Greenbraes,
Nether Whitehill, Whitehill, and the Firs. The existing dwellings
extend from the north, south, east, and west of the site, visible in
Fig.1. St Robert’s Croft sits adjacent to the application site across
the north-east boundary while Greenbraes sits adjacent across
the south-west boundary. 
1.3. The application site extends to 1,270m2 and currently comprises
rough grass in distinct square-shaped form, fenced on all four sides,
and bounded by the minor public road to the south-east. The site is
broadly flat with a gentle slope falling away from south-east to north-
west. While existing dwellings bound the site to the north-east and
south-west and the minor public road defines the south-east
boundary, the north-west boundary of the application site is fenced
off from a large agricultural field, in grazing use, which also shares
boundary with St Robert’s Croft and Greenbraes. 
1.4. The application site and its surrounding are accessed by a minor public
road that shares a ‘T-junction’ with the A702 to the north-east of the site.
The site lies circa 500 metres along the road from the A702. In total
around 20 no. existing dwellings are accessed off the minor public road. 
1.5. The application site and its surroundings are considered to comprise an
existing housing group of 8 no. existing dwellings. The minor public road
adjacent to the south-east of the site provides access to all existing
dwellings within the housing group, although Ptarmigan, Crooked Acre,
and the Firs share a private drive to the public road. St Robert’s Croft and
Whitehill are the only existing dwellings to appear on the first edition
Ordnance Survey Map and are considered to be the oldest houses in the
locale. 
1.6. There are no historic environment designations on-site or in the
surrounding area. It is noted that archaeological trenching took place
prior to construction of Nether Whitehill that found nothing within its own
area of interest but noted earthwork remains of a “post-medieval
farmstead” (Canmore ID: 365482). Those remains are though to lie within
the curtilage of Crooked Acre and/or Crichtons Croft. 
1.7. The application site is not an environmentally designated site or part of
an environmentally designated site. The nearest environmental
designation is understood to be the Site of Special Scientific Interest (SSSI)
on the River North Esk at Newhall House. The application lies
approximately 950 metres north of the SSSI on the other side of the A702.
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NEW DWELLING AT NINE MILE BURN 
Fig 1: Extract from 23023-D01 Site Plan (Source: D2 Architectural Design).
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NEW DWELLING AT NINE MILE BURN 
Fig 2: Aerial image of Nine Mile Burn
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NEW DWELLING, NINE MILE BURN
THE PROPOSAL
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NEW DWELLING AT NINE MILE BURN
THE PROPOSAL 
2 I
2.1 The proposal is for the erection of a new dwelling together with
access, garden, and associated works. The layout and access
arrangements of the proposed dwelling are conceptually illustrated
on 23023-D01 Site Plan, visible in Fig.3. 
2.2 The new dwelling is proposed centrally within the site. 
The new dwelling is proposed in generally L-plan form and will be
placed in a garden extending from all four elevations of the proposed
dwelling. The new dwelling is conceptually proposed over two levels. 
2.3 Proposed Elevations have been prepared on a conceptual basis
presenting a design which complements the character of other
dwellings in the surrounding area and can be seen in Fig.4. Should
planning permission be granted for the proposed development then
the Applicants will develop this concept into a detailed design
informed by and in accordance with adopted policy for the further
consideration of the Planning Authority. 
2.4 The proposed dwelling will be serviced by new private arrangements
for drainage of foul water. The Applicants propose to connect to the
mains water network in the local area. 
2.5 Access to the site is proposed across the south-east boundary to the
minor public road. The new access would be taken at the north extent of
the south-east boundary. The new access would be the sixth residential
access taken directly from the public road in the existing housing group. 
2.6 The proposal contains tree and hedge planting upon the north-east
boundary of the site. It is envisaged that tree and shrub planting will
become sufficiently established on-site to create a single band of trees
across the west of the application site and Greenbraes. 
2.7 As the Application is for Planning Permission in Principle, the requirement
to submit detailed drawings to secure the outstanding elements of the
design in the next stage of the planning process is acknowledged.    
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NEW DWELLING AT NINE MILE BURN 
Fig 3: Extract from 23023-D01 Site Plan (Source: D2 Architectural Design).
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NEW DWELLING AT NINE MILE BURN 
Fig 4: Extract from 23023-D02 Conceptually Proposed Elevations 
(Source: D2 Architectural Design).
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NEW DWELLING AT NINE MILE BURN 
NEW DWELLING, NINE MILE BURN
PLANNING POLICY CONTEXT
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NEW DWELLING AT NINE MILE BURN
PLANNING POLICY CONTEXT 
3.1 Sections 25 & 37(2) of the Town and Country Planning (Scotland)
Act 1997 (as amended) require that Applications for Planning
Permission are determined in accordance with the Development
Plan and other material considerations. 
3.2 National Planning Framework 4 sets out national planning
policies and is part of the development plan. Midlothian Local
Development Plan (2016) sets out the local planning policy
context. 
NATIONAL PLANNING FRAMEWORK 4 (2023)
3.3 The National Planning Framework 4 was adopted in February
2023. It is pat of the development plan for the purpose of sections
25 and 37 of the Act.  The document addresses national planning
policy and the Government’s approach to achieving a net zero
sustainable Scotland by 2045. 
3.4 National Planning Framework 4 establishes “six overarching
spatial principles”. The principle which is most pertinent to the
proposed development is Rural Revitalisation. Rural Revitalisation
is defined as encouragement of “sustainable development in rural
areas, recognising the need to grow and support urban and rural
communities”. The adopted text confirms that the strategy and
policies “support development that helps to retain and increase
the population of rural areas of Scotland.” 
3.5 Policy 1 Tackling the Climate and Nature Crises requires that
“when considering all development proposals significant weight
will be given to the global climate and nature crises.” 
3.6 Policy 2 Climate Mitigation and Adaptation makes the following
policy provisions relevant to the determination of planning
applications:
a) Development proposals will be sited and designed to minimise
lifecycle greenhouse gas emissions as far as possible.
b) Development proposals will be sited and designed to adapt to
current and future risks from climate change.
c) Development proposals to retrofit measures to existing
developments that reduce emissions or support adaptation to
climate change will be supported. 
3.7 Policy 3 Biodiversity contains the Government’s planning policy on
wildlife and habitats. The following branches of the Policy are
considered to be relevant to the proposal:
• 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.
• 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. 
3.8 Policy 5 Soils makes the following policy provisions for the
determination of planning applications:
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“a) Development proposals will only be supported if they are
designed and constructed:
i. In accordance with the mitigation hierarchy by first
avoiding and then minimising the amount of
disturbance to soils on undeveloped land; and
ii. In a manner that protects soil from damage including
from compaction and erosion, and that minimises soil
sealing.
b) Development proposals on prime agricultural land, or land of
lesser quality that is culturally or locally important for primary
use, as identified by the LDP, will only be supported where it
is for:
i. Essential infrastructure and there is a specific locational
need and no other suitable site;
ii. Small-scale development directly linked to a rural
business, farm or croft or for essential workers for the
rural business to be able to live onsite;
iii. The development of production and processing
facilities associated with the land produce where no
other local site is suitable;
iv. The generation of energy from renewable sources or
the extraction of minerals and there is secure provision
for restoration; and
In all of the above exceptions, the layout and design of the
proposal minimises the amount of protected land that is
required.” 
3.9 Policy 13 Sustainable Transport addresses the transport impact
of development. Branch b) of the Policy sets out that
“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:
i. Provide direct, easy, segregated and safe links to local
facilities via walking, wheeling and cycling networks before
occupation;
ii. Will be accessible by public transport, ideally supporting the
use of existing services;
iii. Integrate transport modes;
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;
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.” 
3.10 Policy 14 Design, Quality, and Place contains the Government’s
policy expectations on design. The Policy makes the following
requirements of development proposals:
a) Development proposals will be designed to improve the quality of
an area whether in urban or rural locations and regardless of scale.
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b) Development proposals will be supported where they are
consistent with the six qualities of successful places:
Healthy: Supporting the prioritisation of women’s safety and
improving physical and mental health.
Pleasant: Supporting attractive natural and built spaces.
Connected: Supporting well connected networks that make
moving around easy and reduce car dependency
Distinctive: Supporting attention to detail of local architectural
styles and natural landscapes to be interpreted, literally or
creatively, into designs to reinforce identity.
Sustainable: Supporting the efficient use of resources that will
allow people to live, play, work and stay in their area, ensuring
climate resilience, and integrating nature positive, biodiversity
solutions.
Adaptable: Supporting commitment to investing in the long-
term value of buildings, streets and spaces by allowing for
flexibility so that they can be changed quickly to accommodate
different uses as well as maintained over time.
Further details on delivering the six qualities of successful places
are set out in Annex D. 
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. 
3.11 Policy 15 Local Living and 20 minute Neighbourhoods
establishes 20 minute neighbourhoods as a policy principle. The
adopted text is incorporated below:
a) Development proposals will contribute to local living including,
where relevant, 20 minute neighbourhoods. To establish this,
consideration will be given to existing settlement pattern, and the
level and quality of interconnectivity of the proposed development
with the surrounding area, including local access to:
• sustainable modes of transport including local public
transport and safe, high quality walking, wheeling and cycling
networks;
• employment;
• shopping;
• health and social care facilities;
• childcare, schools and lifelong learning opportunities;
• playgrounds and informal play opportunities, parks, green
streets and spaces, community gardens, opportunities for
food growth and allotments, sport and recreation facilities;
• publicly accessible toilets;
• affordable and accessible housing options, ability to age in
place and housing diversity. 
3.12 Policy 16 Quality Homes is relevant to the proposed development.
Branch c) states that “development proposals for new homes that
improve affordability and choice by being adaptable to changing and
diverse needs, and which address identified gaps in provision, will be
supported. This could include:
i. self-provided homes;
ii. accessible, adaptable and wheelchair accessible homes;
iii. build to rent;
iv. affordable homes;
v. a range of size of homes such as those for larger families;
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vi. homes for older people, including supported
accommodation, care homes and sheltered housing;
vii. homes for people undertaking further and higher
education; and
viii. homes for other specialist groups such as service
personnel.” 
3.13 Policy 17 Rural Homes states that “development proposals for
new homes in rural areas will consider how the development will
contribute towards local living and take into account identified
local housing needs (including affordable housing), economic
considerations and the transport needs of the development as
appropriate for the rural location.” 
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NEW DWELLING, NINE MILE BURN
PLANNING ASSESSMENT
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PLANNING ASSESSMENT 
Principle of Development
4.1. The application site is considered to lie within the sense of place
and setting of an existing housing group at Nine Mile Burn. The
housing group comprises eight existing dwellings – Ptarmigan,
Crooked Acre, Crichtons Croft, St Robert’s Croft, Greenbraes,
Nether Whitehill, Whitehill, and the Firs. 
4.2. The Application site is considered to sit within the sense of place
and setting of the housing group at Nine Mile Burn. This is clearly
demonstrated by the adjacent relationships with St Robert’s Croft
across the north-east boundary and Greenbraes across the south-
west boundary. 
4.3. The proposal is considered to represent “self-provided homes”
(item i.), “accessible, adaptable and wheelchair accessible homes”
(item ii.), and “homes for older people, including supported
accommodation, care homes and sheltered housing” (item vi.)
under branch c) of NPF4 Policy 16. 
4.4. It is considered that there is no prospect of the proposed dwelling
being delivered by a housebuilder or other corporate developer.
Development of the new dwelling would be delivered on self-
build basis – either by the Applicants or successors in title.
Therefore, the proposed dwelling is considered to satisfy item i.
of branch c) as it represents self-provided homes. 
4.5. The new dwelling has been designed with accessibility in mind.
Although it is intended to accommodate two bedrooms upstairs,
all primary living accommodation shall be incorporated on the  
ground floor. Additionally a bedroom and a bathroom shall also be
included on the ground floor. The design intention includes a
bedroom and a bathroom accommodated on the ground floor. 
4.6. It is intended to construct doorways at sufficient width for wheelchairs
to easily pass. Space has also been safeguarded for installation of a
lift. While it is not the intention of the Applicants to install the lift in
initial construction, the option will be retained for future occupiers to
exercise, including those subsequent to the Applicants.
Consideration and assessment of construction specification and other
exact detail is deferred to the subsequent stage of the planning
process and the Building Standards system respectively. Therefore,
the proposed dwelling is considered to satisfy item ii. & vi. of branch
c) as it represents a home which is accessible, adaptable, wheelchair
accessible and suitable for occupation by older people. 
4.7. Branch b) of Policy 17 requires that development in rural areas should
“contribute towards local living” and take account of local context and
circumstances. The existing dwelling Nether Whitehill has been
constructed in the most recent five or six years. It is understood to
have been consented in May 2017. 
4.8. The proposal comprises the erection of a new dwelling upon a site
which is well related existing dwellings at Nine Mile Burn. 
The application site is strongly contained on three sides between 
two existing dwellings and the adopted public road. The proposal 
is considered to achieve explicit accordance with both Policy 16  
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NEW DWELLING AT NINE MILE BURN 
(branch c)) and Policy 17 (branch b)) of NPF4. Therefore, the
principle of development is considered to be acceptable. 
Soil Quality
4.9. It is recognised that loss of Prime Quality Agricultural Land
(Classes 1, 2, & 3.1) is resisted by Policy 5. 
4.10. However, land on-site is designated at Class 4.1, as shown in
Fig.5. Therefore, there is no Prime Quality Agricultural Land on-
site. As such, the proposal does not represent loss of Prime
Quality Agricultural Land and is considered to accord with Policy
5. 
Archaeology
4.11. The site lies close to but beyond archaeological remains
identified in the residential curtilage of Crooked Acre and/or
Crichtons Croft (Canmore ID: 365482). Archaeological trenching
prior to construction of Nether Whitehill identified no evidence
that remains extend this far south (Canmore ID: 375710). 
The remains further north are understood to relate to a “post-
medieval farmstead”. 
4.12. Criterion o) of NPF4 Policy 7 sets out that potential impact on non-
designated buried assets should be assessed during the planning
process. To this effect, the Applicants would be prepared to
accept conditioning of submission of a Written Scheme of
Investigation in a grant of Planning Permission in Principle. It is
considered that use of a condition is reasonable and
proportionate to the scale of development proposed, in
accordance with Policy 7 of NPF4.
Access and Parking
4.13. Access is proposed across the south-east boundary of the site from
the minor public road adjacent. The nearby existing dwellings
Crichtons Croft, St Robert’s Croft, Greenbraes, Nether Whitehill, and
Whitehill all take access directly from the adopted road. Local
residential access defines the use of the road within the adopted
public network. 
4.14. The speed of passing traffic is managed by the presence of multiple
residential accesses and the rising topography of the road on
approach to Langlee Mains. Access for the proposed dwelling from
the public road is considered to be safe and acceptable. 
4.15. It is proposed to serve the new dwelling with two parking spaces
within the residential curtilage. These arrangements are considered
to be consistent with standards expected by the Council as Public
Roads Authority. As the proposal provides for safe and acceptable
access it is considered to be in accordance with Policy 13. 
Ecology
4.16. The application site represents ecologically low value land, the use of
which has been dominated by sheep grazing for decades. While this
is appropriate to the local area, it has proven not to be conducive to
establishment of species rich habitat. 
4.17. It is intended for the proposed dwelling to be endowed with new
hedgerow and deciduous trees of native species. These will serve as
an extension to the band of trees that have become established upon
the north-west boundary of Greenbraes to create a single small
woodland body. The new planting will enhance biodiversity and the
natural habitat locally. 
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NEW DWELLING AT NINE MILE BURN 
Fig 5: Extract from Land capability for agriculture (partial cover) Map. The application
site (overlaid with the annotation “St Robert’s Croft”) can be seen to sit in Class 4.1
(Source: https://soils.environment.gov.scot/) 
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4.18. The application site currently comprises little habitat which
supports limited species. The inclusion of new hedging in the
proposal will create corridors that support biodiversity and
improve the volume and utility of semi-natural habitat on the site
and in its surroundings. It is intended also to plant the garden with
native species of shrub and flower species which will offer greater
diversity of habitat, particularly flora. It is anticipated that greater
flora diversity will encourage greater diversity of fauna, especially
bees and other pollinators. 
4.19. Therefore, the proposal is considered to accord with Policy 3 of
NPF4. 
Site Servicing and Renewable Energy 
4.20. The proposed dwelling will be serviced by connection to the
mains water network. Foul and surface water drainage will be
managed by connection to private means. The Applicants are
content to secure connection details via condition. 
4.21. The Applicants are committed to delivering sustainable
development by designing out polluting operations and activity.
The Applicants envisage incorporating renewable energy (micro)
generation equipment in the new dwelling. Technologies being
considered at the present time include solar panels, air source
heat pumps, and possibly heat recovery systems designed
bespoke for the development. Therefore, the proposal would
contribute towards decarbonising the housing stock and is
considered to accord with Policies 1 & 2. 
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CONCLUSION
NEW DWELLING, NINE MILE BURN
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CONCLUSION 
3 Introduction
5.1. Ferguson Planning has been appointed by the Applicants to
submit an Application for Planning Permission in Principle for the
erection of a new dwelling to the south-west of St Robert’s Croft,
Nine Mile Burn, EH26 9LZ. 
5.2. The proposal represents the enlargement of an existing housing
group by one dwelling upon a site that is bound by existing dwellings
to both the north-east and south-west. The proposal is considered to
represent a self-provided home; a house that is accessible,
adaptable, and wheelchair accessible; and a house suitable for older
people and those receiving support to live. Therefore, the proposal
is considered to accord with NPF4 Policy 16 and the principle of
development is considered to be acceptable. 
5.3. The application site lies on land which is designated as Class 4.1 and sits
below Class 3.1, the minimum threshold for Prime Quality Agricultural
Land. Therefore, the proposal does not represent the loss of Prime
Quality Agricultural Land and accords with Policy 5 of NPF4. 
5.4. Access to the site is proposed from the minor public road adjacent across
the south-east boundary. The road is not a primary thoroughfare and is
characterised by multiple existing residential accesses. Two parking
spaces are included within the curtilage of the dwelling. The proposed
development is considered to be acceptable in access and parking terms,
therefore it is considered that the proposal accords with Policy 13. 
5.5. It is considered that the proposal is in accordance with relevant adopted
policy of the Development Plan and is not afflicted by any other material
considerations. It is respectfully requested that planning permission is
granted. 
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NEW DWELLING AT NINE MILE BURN 
E: tim@fergusonplanning.co.uk
W W W . F E R G U S O N P L A N N I N G . C O . U K
GALASHIELS 
Shiel house
54 Island Steet
Galashiels 
TD1 1NU 
T:  01896 668 744
M: 07960 003 357
EDINBURGH 
1st Floor, 38 Thistle Street
Edinburgh
EH2 1EN 
T:  0131 385 8801
M: 07960 003 358
NORTHERN IRELAND 
61 Moyle Road
Ballycastle, Co. Antrim
Northern Ireland
BT54 6LG 
M: 07960 003 358 
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MIDLOTHIAN COUNCIL 
DEVELOPMENT MANAGEMENT 
PLANNING APPLICATION DELEGATED WORKSHEET: 
Planning Application Reference: 23/00708/PPP 
Site Address: Land South West of St Roberts Croft, Nine Mile Burn, Penicuik. 
Site Description:  The application site is an overgrown area of land within the
countryside and the Pentland Hills Regional Park.  There are houses to either side of
the site (southwest and northeast), with countryside and a house to the southeast
and countryside and the Pentland Hills to the northwest.  The site is within the
housing group at Nine Mile Burn which comprises a variety of house designs, largely
traditional in design, scale, form and materials.   
Proposed Development:  Application for planning permission in principle for
erection of dwellinghouse.   
Proposed Development Details: The application is for planning permission in
principle, however an indicative site plan has been submitted.  This shows a house,
access and parking.  Indicative elevations have also been submitted, with the house
appearing single storey with accommodation in the roofspace from the front but
includes a large projecting section to the rear, which provides two floors of
accommodation.  New private drainage in the form of a septic tank is proposed.  The
house will connect to the public water supply.   
The applicants’ agent has submitted a planning statement that provides a rationale
for the proposal, as well as reference to the Midlothian Local Development Plan
2017 (MLDP) and National Planning Framework 4 (NPF4).  This states the site is
within an existing housing group of eight units and is a gap site.  This will be a self
provided home and suitable for occupation by older people.  Additional native
landscaping is proposed to integrate the house into the area and promote
biodiversity and wildlife.  Solar panels, air source heat pumps and heat recovery
systems designed bespoke for the development are being considered.  The site is on
land which does not meet the standard for prime quality agricultural land.   
Background (Previous Applications, Supporting Documents, Development
Briefs): Application site 
22/00903/DPP Erection of dwellinghouse; formation of access and associated works. 
Withdrawn.   
Land to northeast (by Crichton’s Croft, beyond St Robert’s Croft)
21/00127/MSC Erection of dwellinghouse (approval of matters specified in condition
1 of planning permission 17/00732/PPP).  Consent with conditions – implemented.
17/00732/PPP Application for planning permission in principle for erection of
dwellinghouse.  Consent with conditions - implemented.   
Greenbraes (to southwest)
07/00653/FUL Erection of conservatory and chimney.  Consent with conditions.  
Appendix C
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06/00701/FUL Erection of conservatory.  Consent with conditions. 
04/00739/FUL Creation of parking area with associated earthwork and landscaping
(retrospective).  Consent with conditions.
04/00699/FUL Extension and alterations to dwellinghouse, retrospective permission
for erection of fence and lamppost.  Consent with conditions.
03/00543/FUL Extension to dwellinghouse and retrospective permission for erection
of fence.  Refused. 
St Robert’s Croft (to northeast)
02/00158/FUL Extension to dwellinghouse.  Permitted. 
01/00774/FUL Erection of detached double garage.  Consent with conditions.  
01/00404/FUL Extension to dwellinghouse and construction of decking.  Permitted.   
Land to southeast
17/00840/DPP Change of use from agricultural land to private garden ground. 
Consent with conditions.   
Whitehill (to south)
17/00686/DPP Extension to dwellinghouse and alterations to existing roof to
increase roof height.  Consent with conditions. 
17/00284/DPP Erection of dwellinghouse; formation of access and associated
drainage infrastructure.  Consent with conditions.   
17/00008/DPP Erection of dwellinghouse, formation of access, change of use from
agricultural land to private garden ground and associated drainage infrastructure. 
Withdrawn.  
15/00592/DPP Erection of dwellinghouse and formation of access.  Refused. 
Allowed at LRB.  
15/00125/DPP Erection of dwellinghouse and formation of access.  Withdrawn.
14/00328/DPP Sub-division of and extensions to existing dwellinghouse to form 2
dwellinghouses, and erection of dwellinghouse.  Withdrawn.  
13/00648/DPP Sub-division of and extensions to existing dwellinghouse to form 2
dwellinghouses; erection of dwellinghouse and detached garages; and change of
use of agricultural land to private garden ground.  Withdrawn.   
Consultations: 
The Council’s Senior Manager Neighbourhood Services (Roads) was consulted
but did not respond.  In a previous enquiry and application for a house at this site,
they had no objection but requested details of the proposed vehicle access, parking
arrangements and the proposed surface water management system.  There has
been no significant change in circumstances in the area since the previous
comments were received. 
The Council’s Biodiversity Consultant recommends a condition be attached to any
permission to ensure no work take place during bird breeding season unless
unavoidable, in which case checks should be made.  They note an otter survey was
submitted in the most recent application at the site.  This did not identify otter resting
sites or holts in the area and so no further action or mitigation was required.  This
report is current and so no further works are required in relation to protected species.   
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The Council’s Archaeological Consultant recommends a condition be attached to
any permission requiring a programme of archaeological works be submitted for
approval before any works begin on site. 
Scottish Water has no objection and states that there is public drainage in the area. 
They will not accept any surface water connections to the combined sewer. 
Representations: Four letters of objection have been received on the following
grounds:
- Loss of privacy to neighbouring properties due to overlooking from the
proposed house; 
- Impact and potential damage to mature trees at a neighbouring property;
- There is a natural spring within the site which connects to Monks Burn.  The
related works will affect the water table, impacting on the neighbouring garden
and potentially buildings;
- The proposal will devalue neighbouring properties;
- The proposal will result in the loss of view in a regionally significant park;
- Potential future problems, such as use as a holiday let;
- Environmental damage during construction to the sensitive surroundings; 
- The proposal will not support the wider benefits of the community but will
detract from the quality of life of existing residents and recreational users of
the Pentland Hills Regional Park;
- Concern permission will be granted for a group a property developers to
exploit the part for financial gain;
- Green spaces should be protected; and
- There are two houses under construction within 100 metres from the site –
this is a rural hamlet so is another house required?  Roman Road is in danger
of becoming a high street. 
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: 
The relevant policies of the 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 4 Natural Places sets out to protect, restore and enhance natural
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;
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- 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 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 sets out to encourage, promote and facilitate the
delivery of more high quality, affordable and sustainable rural homes in the
right locations;
- 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; 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;
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;
RD3 Pentland Hills Regional Park states that proposals in this area will not be
permitted where it would be contrary to the policy aims of the Park, the detailed
policy considerations set out in a separate Appendix of the MLDP or other policies in
this Plan, and/or current and future management plans for the Park. This appendix
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details the following specific policy considerations which relate only to proposals
within the Pentland Hills Regional Park boundary:
1. The Special Landscape Area designation affecting the Pentland Hills Regional
Park will be the overriding factor when considering proposals which may be
acceptable under other MLDP policies.
2. Development, redevelopment and the conversion of existing buildings within
the Regional Park will not be permitted unless essential for the purposes of
agriculture (including farm-related diversification), forestry, outdoor recreation,
tourism or other rural activities compatible with the aims of the Regional Park.
Any such development proposal will be considered against the following
criteria:
a) it should make a positive contribution to the amenity of the Park in terms of
design and landscaping;
b) it should not be visually obtrusive or necessitate visually obtrusive
constructions;
c) it should be compatible with existing adjoining and neighbouring
developments and uses;
d) it should be capable of being served by an adequate and appropriate
access;
e) it can be serviced at reasonable cost and there would be no unacceptable
discharge to watercourses;
f) where conversion is proposed, this should be possible without substantial
rebuilding and with the retention of original character and attractiveness.
3. With the co-operation of owners and occupiers, Scottish Natural Heritage and
other interested bodies, the economic, landscape and nature conservation of
the grouse moor will be protected and safeguarded.
4. The Council will seek to ensure that, through design, species composition and
sympathetic integration, new forestry schemes will complement the hill
environment.
5. There will be a general presumption against waste disposal operations within
the Midlothian section of the Regional Park.
6. The conservation of the hill landscape and wildlife interests will be sought in
all proposals involving the installation of the public service utilities.
7. Intrusive tourist developments, including static and transit caravan and
camping sites, will not be permitted within the Regional Park.
8. Public car parks will be provided only on the periphery of the Regional Park.
They must be related to specific recreational opportunities and will be
designed to integrate with the landscape and character of each particular
location.
9. There will be a general presumption against formal picnic sites in remote hill
areas. Managed picnic sites will be provided only in association with existing
facilities and car parking;
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
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proposals to maintain the diversity and distinctiveness of the local landscapes and to
enhance landscape characteristics where they have been weakened;
ENV11 Woodland, Trees and Hedges states development will not be permitted
where it could lead directly or indirectly to the loss of, or damage to, woodland,
groups of trees and hedges (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) which have particular amenity, nature conservation,
biodiversity, recreation, landscape, shelter or historical value or other importance;
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, access,
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 supports and promotes 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 proposal; and
IT1 Digital Infrastructure supports the incorporation of high speed broadband
connections and other digital technologies into new homes, business properties and
redevelopment proposals. 
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.   
The primary focus of the NPF4 planning polices seek for developments to be
sustainable and give consideration to the global climate and nature crises.  
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In response to NPF4 the agent has stated:
- This will be a self provided home and suitable for occupation by older people;
- Additional native landscaping will be planted at the site boundary to integrate
this into the site and promote biodiversity and wildlife; and 
- Solar panels, air source heat pumps and heat recovery systems designed
bespoke for the development are being considered.     
The site is in a relatively remote countryside area. While the abovementioned details
seek to address the climate crisis the application site is a fundamentally
unsustainable location for a new house. The majority of trips to and from the site are
likely to be done by private car, which is not in line with NPF4’s focus on
sustainability. The use of zero and low carbon technology and landscaping would all
be expected as standard in proposals. These are not extra measures which help
address the climate and nature crises. 
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.  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.  There are 16 houses
within the group at Nine Mile Burn and therefore potential for one further house in the
current MLDP period. Any new house must form part of the group and meet the
criteria included in the SG for suitable plots within groups. The specific guidance
notes that the fields to the North South and West of the group are open and
unrelated to the housing group, so development would be unacceptable here. The
open field between the A702 and the Nine Mile Burn road should remain
undeveloped. This also advises that development within the boundary of the
Pentland Hills Regional Park should be considered against the local plan policy. 
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Planning permission in principle was granted in March 2018 for the erection of a
dwellinghouse at the Land Adjacent to Crichton Croft, Nine Mile Burn, to the
northeast of this application site.  A matters specified in conditions application was
approved in April 2021 and implemented in April 2023.  This house was approved
under the current adopted Midlothian Local Development Plan 2017.  This means
there is no provision in the current Midlothian Local Development Plan 2017 for the
approval of an additional house in this group during this local development plan
period.  It is noted that there may be scope for an additional dwellinghouse within the
next local plan period or in MLDP2.   
While there are numerous ways in which a new house can satisfy planning policy in
the countryside this proposal satisfies none of them. The proposal does not comply
with the acceptable criteria in NPF4 policy 17 or MLDP RD1. The proposal is a
completely unjustified attempt to build a new house in the Midlothian countryside. 
Notwithstanding the lack of policy support, the details of the proposal need to be
given some consideration. 
Had there been support for a new house within this group in the current local plan
period, the application site would appear to be a suitable location for a house.  The
dominant characteristic of the housing group at Nine Mile Burn West is that of a
linear settlement with a strong relationship to the historic road. The site would be in
keeping with the linear characteristic of the group and is a gap site between to
existing houses. A house situated towards the roadside edge of the plot would
appear as a logical addition to the existing group and maintain the strong roadside
presence of the group. The clear and logical relationship with the existing group will
ensure that development of the plot will not have a detrimental impact on the
character of either the special landscape area or the Pentland Hills Regional Park. 
The application site area is sufficiently large to be able to accommodate a
dwellinghouse, garden ground, turning area and parking. 
The application is for planning permission in principle.  While indicative elevations
have been submitted, these are for illustrative purposes only.  Should the current
application be approved, a further application would be required to consider the
design, materials and layout of the development.  Due to the sensitive location within
the countryside, the Pentland Hills Regional Park and a special landscape area, it is
important that any new house is in keeping with and does not detract from the
character and appearance of the area. The dominant scale within the group is single
storey houses with some additional accommodation in the roofspace and any new
house should respect this.  It is worth noting that the indicative plans show a house
with a large projecting section to the rear which is higher than the traditional frontage
of the house which detracts from its overall traditional appearance and proportions
and would not be considered acceptable.   
Landscaping the site to integrate any house into the area is welcomed, as is the
planting of native species.  The existing mature tree cover at land adjoining the north
eastern site boundary (St John’s Croft) and the south western site boundary is to be
retained.  Should permission be approved, details demonstrating that the root
protection area of the existing trees are safeguarded so these are not detrimentally
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affected by the proposed works.  A tree survey to determine and protect
arboricultural constraints would also be required. 
The site is served by an existing access.  There are no road safety objections to the
proposal.  Should permission in principle be supported, the further application would
include details of the access and parking for consideration and approval.   
Scottish Water did not raise any concerns over water supply. Should permission be
granted a planning condition would be attached requiring further details of drainage,
including surface water, and sewerage provision.  This should take into account the
natural spring within the site.   
The following addresses representor comments not addressed above. 
The submitted elevations are indicative.  Should this planning permission be
approved, a further application which would include details of the design and layout
of the house and development would be required.  The impact on the privacy of
neighbouring properties, existing landscaping and the surrounding sensitive rural
area would be considered at that stage.   
The loss of value of existing properties and the loss of a view are not a material
planning considerations.   
Should planning permission be approved, this would be for the use as a house only. 
Any change of use to a holiday let may require planning permission and the impact
of this on the surrounding area would be assessed at the time.   
It is not clear how the proposal would detract from the quality of life of existing
residents and recreational uses of the Pentland Hills Regional Park.  As previously
stated, if approved the house would need to be in keeping with the character of the
existing group and surrounding sensitive area with a design to be agreed.   
As previously stated, the house approved as part of the housing group is currently
under construction to the northeast of the site.  The case officer is not aware of
where the other house is under construction as stated by the representor.   
Recommendation: Refuse planning permission in principle.
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Refusal of Planning Permission
Town and Country Planning (Scotland) Act 1997 
Reg. No.   23/00708/PPP 
Ferguson Planning
38 Thistle Street
Edinburgh
EH2 1EN 
Midlothian Council, as Planning Authority, having considered the application by per J
McCormick, H Walker, I Clarke and F Connerty, 38 Thistle Street, Edinburgh, EH2 1EN,
which was registered on 2 November 2023 in pursuance of their powers under the above
Acts, hereby refuse permission to carry out the following proposed development: 
Application for planning permission in principle for erection of dwellinghouse
at Land South West of St Roberts Croft, Nine Mile Burn, Penicuik 
in accordance with the application and the following documents/drawings: 
Document/Drawing. Drawing No/Scale Dated
Location Plan, Site Plan D01 1:1250 1:200 02.11.2023 
The reasons for the Council's decision are set out below:  
1. The proposal for a dwellinghouse does not comply with the housing group policy
where only one house where there are five existing dwellings or more may be
supported during each plan period. Planning permission has already been granted
for the erection of one house on an adjacent site within this established housing
group of Nine Mile Burn West during this plan period and there is no policy support
for a further house to be sited in this group. Therefore, there is no justification for the
development of a residential unit in this countryside location as it would be contrary
to policy RD1 of the adopted Midlothian Local Development Plan 2018, the related
supplementary planning guidance and Policy 17 of the National Planning
Framework 4.  
2. It has not been demonstrated to the satisfaction of the Planning Authority that the
proposed development has been sited in a sustainable location. The proposed
development fails to address the global climate crisis in this respect. Therefore the
proposed development does not comply with the overarching aims of NPF4 and
policy 1 of NPF4 specifically.     
Appendix D
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Dated    15 / 12 / 2023 
……………………………..
Duncan Robertson
Lead Officer – Local Developments 
Fairfield House, 8 Lothian Road, Dalkeith, EH22 3ZN 
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Any Planning Enquiries should be directed to: 
Planning and Local Authority Liaison
Direct Telephone:  01623 637 119
Email:  planningconsultation@coal.gov.uk
Website: www.gov.uk/coalauthority 
Development Low Risk Area- STANDING ADVICE 
The proposed development lies within a coal mining area which may contain
unrecorded coal mining related hazards.  If any coal mining feature is encountered
during development, this should be reported immediately to the Coal Authority on
0345 762 6848. 
Further information is also available on the Coal Authority website at:
www.gov.uk/government/organisations/the-coal-authority   
Standing Advice valid from 1st January 2023 until 31st December 2024
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Appendix E
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