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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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 Page 1 of 136
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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 Page 2 of 136
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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 Page 3 of 136
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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 Page 4 of 136
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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 Page 5 of 136
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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. Page 6 of 136
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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. Page 7 of 136
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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. Page 8 of 136
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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 Page 9 of 136
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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. Page 10 of 136
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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. Page 11 of 136
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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 Page 12 of 136
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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 Page 13 of 136
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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 Page 14 of 136
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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. Page 15 of 136
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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 Page 16 of 136
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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 Page 17 of 136
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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 Page 18 of 136
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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; Page 19 of 136
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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 Page 20 of 136
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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: Page 21 of 136
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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 Page 22 of 136
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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 Page 23 of 136
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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 Page 24 of 136
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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: Page 25 of 136
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• Have determined to undertake a site visit (only elected members attending the site visit can participate in the determination of the review); and • Have determined to progress the review by written submissions. 4.2 The case officer’s report identified that there were three consultation responses and no representations received. As part of the review process the interested parties were notified of the review. No additional comments have been received. All comments can be viewed online on the electronic planning application case file. 4.3 The next stage in the process is for the LRB to determine the review in accordance with the agreed procedure: • Identify any provisions of the development plan which are relevant to the decision; • Interpret them carefully, looking at the aims and objectives of the plan as well as detailed wording of policies; • Consider whether or not the proposal accords with the development plan; • Identify and consider relevant material considerations for and against the proposal; • Assess whether these considerations warrant a departure from the development plan; and • State the reason/s for the decision and state any conditions required if planning permission is granted. 4.4 In reaching a decision on the case the planning advisor can advise on appropriate phraseology and on appropriate planning reasons for reaching a decision. 4.5 Following the determination of the review the planning advisor will prepare a decision notice for issuing through the Chair of the LRB. A copy of the decision notice will be reported back to the LRB for noting. 4.6 A copy of the LRB decision will be placed on the planning authority’s planning register and made available for inspection online. 5 Conditions/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. Page 26 of 136
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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: Whitney Lindsay, Planning Officer Whitney.Lindsay@midlothian.gov.uk Background Papers: Planning application 23/00707/DPP available for inspection online. Page 27 of 136
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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 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 Page 28 of 136
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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 Page 29 of 136
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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 Page 30 of 136
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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 Page 31 of 136
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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 Page 32 of 136
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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 Page 33 of 136
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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. Page 34 of 136
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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 Page 35 of 136
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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. Page 36 of 136
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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 Page 37 of 136
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…………………………….. Duncan Robertson Lead Officer – Local Developments Fairfield House, 8 Lothian Road, Dalkeith, EH22 3ZN Page 38 of 136
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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 Page 39 of 136
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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: Page 41 of 136
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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. Page 42 of 136
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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. Page 43 of 136
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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 Extension to dwellinghouse at first floor level and associated works 40 Charlton Grove Roslin EH25 9NX 23/00684/DPP Scale:1:500 ± Appendix A Page 44 of 136
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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 Page 45 of 136
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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 Page 46 of 136
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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. Page 47 of 136
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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 Page 48 of 136
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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 Page 49 of 136
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David Paton Building Consultancy Local Review Body Appeal 40 Charlton Grove. Roslin February 2024 Page 50 of 136
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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. Page 51 of 136
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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. Page 52 of 136
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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 Page 53 of 136
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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 Page 54 of 136
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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 Page 55 of 136
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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. Page 56 of 136
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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 Page 57 of 136
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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 Page 58 of 136
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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 Page 59 of 136
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Appendix E Page 60 of 136
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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: Page 63 of 136
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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). Page 64 of 136
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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. Page 65 of 136
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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. Page 66 of 136
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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. Page 67 of 136
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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 Page 68 of 136
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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 Page 69 of 136
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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 Page 70 of 136
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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 Page 71 of 136
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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 Page 72 of 136
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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 Page 73 of 136
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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 Page 74 of 136
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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 Page 75 of 136
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3 NEW DWELLING AT NINE MILE BURN NEW DWELLING, NINE MILE BURN EXECUTIVE SUMMARY Page 76 of 136
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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. Page 77 of 136
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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 Page 78 of 136
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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. Page 79 of 136
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7 NEW DWELLING AT NINE MILE BURN Fig 1: Extract from 23023-D01 Site Plan (Source: D2 Architectural Design). Page 80 of 136
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8 NEW DWELLING AT NINE MILE BURN Fig 2: Aerial image of Nine Mile Burn Page 81 of 136
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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 Page 82 of 136
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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: Page 83 of 136
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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. Page 84 of 136
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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. Page 85 of 136
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13 NEW DWELLING AT NINE MILE BURN NEW DWELLING, NINE MILE BURN GROUNDS OF APPEAL AND CASE FOR APPELLANT Page 86 of 136
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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 Page 87 of 136
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15 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. Page 88 of 136
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16 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. Page 89 of 136
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17 NEW DWELLING AT NINE MILE BURN Fig 3: Extract from 23023-D01 Site Plan (Source: D2 Architectural Design). Page 90 of 136
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18 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. Page 91 of 136
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19 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. Page 92 of 136
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20 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. Page 93 of 136
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21 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. Page 94 of 136
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22 NEW DWELLING AT NINE MILE BURN CONCLUSION NEW DWELLING, NINE MILE BURN Page 95 of 136
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23 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. Page 96 of 136
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24 NEW DWELLING AT NINE MILE BURN NEW DWELLING, NINE MILE BURN CORE DOCUMENTS Page 97 of 136
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25 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. Page 98 of 136
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26 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 Page 99 of 136
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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 OCTOBER 2023 Page 100 of 136
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2 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 Page 101 of 136
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3 NEW DWELLING AT NINE MILE BURN NEW DWELLING, NINE MILE BURN INTRODUCTION Page 102 of 136
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4 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. Page 103 of 136
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5 NEW DWELLING AT NINE MILE BURN Fig 1: Extract from 23023-D01 Site Plan (Source: D2 Architectural Design). Page 104 of 136
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6 NEW DWELLING AT NINE MILE BURN Fig 2: Aerial image of Nine Mile Burn Page 105 of 136
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7 NEW DWELLING AT NINE MILE BURN NEW DWELLING, NINE MILE BURN THE PROPOSAL Page 106 of 136
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8 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. Page 107 of 136
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9 NEW DWELLING AT NINE MILE BURN Fig 3: Extract from 23023-D01 Site Plan (Source: D2 Architectural Design). Page 108 of 136
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10 NEW DWELLING AT NINE MILE BURN Fig 4: Extract from 23023-D02 Conceptually Proposed Elevations (Source: D2 Architectural Design). Page 109 of 136
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11 NEW DWELLING AT NINE MILE BURN NEW DWELLING, NINE MILE BURN PLANNING POLICY CONTEXT Page 110 of 136
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12 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: Page 111 of 136
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13 NEW DWELLING AT NINE MILE BURN “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. Page 112 of 136
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14 NEW DWELLING AT NINE MILE BURN 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; Page 113 of 136
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15 NEW DWELLING AT NINE MILE BURN 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.” Page 114 of 136
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16 NEW DWELLING AT NINE MILE BURN NEW DWELLING, NINE MILE BURN PLANNING ASSESSMENT Page 115 of 136
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17 NEW DWELLING AT NINE MILE BURN 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 Page 116 of 136
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18 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. Page 117 of 136
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19 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/) Page 118 of 136
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20 NEW DWELLING AT NINE MILE BURN 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. Page 119 of 136
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21 NEW DWELLING AT NINE MILE BURN CONCLUSION NEW DWELLING, NINE MILE BURN Page 120 of 136
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22 NEW DWELLING AT NINE MILE BURN 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. Page 121 of 136
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23 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 Page 122 of 136
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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 Page 123 of 136
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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. Page 124 of 136
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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; Page 125 of 136
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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 Page 126 of 136
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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 Page 127 of 136
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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. Page 128 of 136
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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. Page 129 of 136
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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 Page 130 of 136
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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. Page 131 of 136
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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 Page 132 of 136
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Dated 15 / 12 / 2023 …………………………….. Duncan Robertson Lead Officer – Local Developments Fairfield House, 8 Lothian Road, Dalkeith, EH22 3ZN Page 133 of 136
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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 Page 134 of 136
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Appendix E Page 135 of 136
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