Agenda Document Pack - Local Review Body - 23/09/2024
Midlothian Council · 23 September 2024
Back to Local Review Body — 23 September 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Notice of Meeting and Agenda Local Review Body Venue: Council Chambers/Hybrid, Midlothian House, Dalkeith, EH22 1DN Date: Monday, 23 September 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 114
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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 Local Review Body 17 June 2024 submitted for approval 3 - 6 5 Public Reports Notice of Reviews - Determination Reports by Chief Officer Place 5.1 24/00059/PPP Land east of 2 Newlandrig, Gorebridge 7 - 64 5.2 24/00062/DPP Land adjacent 103 Lothian Street, Bonnyrigg 65 - 90 5.3 24/00220/S42 West Church 14 Old Edinburgh Road, Dalkeith 91 - 114 6 Private Reports No items for discussion 7 Date of Next Meeting The next meeting will be held on Monday 11 November 2024 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 114
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Minute of Meeting Local Review Body Date Time Venue Monday 17 June 2024 1.00pm Council Chambers/Hybrid Present: Councillor Imrie (Chair) Councillor Alexander Councillor Bowen Councillor Cassidy Councillor McEwan In Attendance: Peter Arnsdorf Planning, Sustainable Growth and Investment Manager Derek Oliver Chief Officer Place Hannah Forbes Assistant Democratic Services Officer Local Review Body Monday, 23 September 2024 Item No 4.1 Page 3 of 114
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1 Welcome, Introductions and Apologies The Chair advised that due to an issue with the publication of the documents on the website the following business would be taken as urgent business. Apologies had been received from Councillor Drummond, Councillor Smail, Councillor McManus and Councillor Milligan. 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 25 March 2024 was submitted and approved as a correct record. The Minute was approved as a correct record. 5 Reports Notice of Reviews – Determination Reports by Chief Officer Place Agenda No Report Title Presented by: 5.1 23.00808.DPP - Land adjacent to Springfield Moss, Penicuik 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’ regarding the non-determination of planning application 23/00808/DPP for the erection of two dwellinghouses and garage, formation of access and associated works on land adjacent to Springfield Moss, Penicuik. The Planning, Sustainable Growth and Investment Manager reported that planning application 23/00751/DPP was refused planning permission on 19 January 2024. It was noted that Elected members had attended a site visit on the morning of 17 June 2024. The Chair thanked the Planning, Sustainable Growth and Investment Manager for the report and advised the applicant of the process that will follow. Page 4 of 114
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It was noted that Mr Andrew McCafferty, Planning Consultant was in attendance representing the Applicants, accompanied by the Landscape Architect and the Properties Designer. The Applicants’ representative and the Planning Officer in turn made an oral representation setting out their positions as set out in their review statements (the applicant’s submission and the planning officers report of handling). The Applicant’s representative then responded to questions and comments relating to water supply and biodiversity. The Planning Officer and the Appellant’s representative summed up their positions. Members of the committee supported the application with the conditions relating to biodiversity stated in the report and the comments made by Members today. The Chair advised the Applicant’s representative that a report was to be brought back to members addressing the questions raised at the meeting with regards to water and biodiversity. Decision The Local Review Body agreed to uphold the appeal against the non-determination of application 23/00808/DPP subject to a report being presented to Elected Members addressing the issues raised with regards to water and biodiversity and the conditions stated in the report. Action The Planning, Sustainable Growth and Investment Manager. 6. Private Reports No private business was discussed. 7. Date of Next Meeting The next meeting is scheduled for Monday 23 September 2024 at 13:00pm. The meeting terminated at 13.41pm. Page 5 of 114
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Local Review Body Monday 23 September 2024 Item No 5.1 Notice of Review: Land East of 2 Newlandrig, Gorebridge 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 temporary siting (for five years) of a mobile home on land east of 2 Newlandrig, Gorebridge. 2 Background 2.1 Planning application 24/00059/PPP for planning permission in principle for the temporary siting (for five years) of a mobile home on land east of 2 Newlandrig, Gorebridge was refused planning permission on 26 April 2024; 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 26 April 2024 (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 7 of 114
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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 way of a hearing. 4.2 The case officer’s report identified that there were four consultation responses and no representations received. As part of the review process the interested parties were notified of the review. 42 additional comments have been received all supporting the application - these additional representations are from representors who did not make comment to the planning application prior to the review and the vast majority simply state that they support the applicant or the application. All comments can be viewed online on the electronic planning application case file. 4.3 The next stage in the process is for the LRB to determine the review in accordance with the agreed procedure: • Identify any provisions of the development plan which are relevant to the decision; • Interpret them carefully, looking at the aims and objectives of the plan as well as detailed wording of policies; • Consider whether or not the proposal accords with the development plan; • Identify and consider relevant material considerations for and against the proposal; • Assess whether these considerations warrant a departure from the development plan; and • State the reason/s for the decision and state any conditions required if planning permission is granted. 4.4 In reaching a decision on the case the planning advisor can advise on appropriate phraseology and on appropriate planning reasons for reaching a decision. 4.5 Following the determination of the review the planning advisor will prepare a decision notice for issuing through the Chair of the LRB. A copy of the decision notice will be reported back to the LRB for noting. 4.6 A copy of the LRB decision will be placed on the planning authority’s planning register and made available for inspection online. 5 Conditions 5.1 In accordance with the procedures agreed by the LRB at its meeting of 20 June 2022, and without prejudice to the determination of the review, the following conditions have been prepared for the consideration of the LRB if it is minded to uphold the review and grant planning permission. 1. The development to which this permission relates shall commence no later than the expiration of five years beginning with the date of this permission. Page 8 of 114
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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). 2. Development shall not begin until an application for approval of Matters Specified in Conditions for a scheme to deal with any contamination of the site has been submitted to and approved by the planning authority. The scheme shall contain details of the proposals to deal with any contamination and include: i. the nature, extent and types of contamination on the site; ii. measures to treat or remove contamination to ensure that the site is fit for the uses hereby approved, and that there is no risk to the wider environment from contamination originating within the site; iii. measures to deal with contamination encountered during construction work; and iv. the condition of the site on completion of the specified decontamination measures. Before the new residential unit is occupied the measures to decontaminate the site shall be fully implemented as approved by the planning authority. 3. On completion of the decontamination/ remediation works referred to in condition 2, and prior to the new residential unit being occupied or brought into use, whichever is the earlier, 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 new residential unit shall be occupied unless or until the planning authority have approved the required validation. Reason for conditions 2 and 3: To ensure that any contamination on the site is adequately identified and that appropriate decontamination measures are undertaken to mitigate the identified risk to site users and construction workers, built development on the site, landscaped areas, and the wider environment. 4. No development shall be undertaken until details of the proposed water supply have been submitted to and approved in writing by the planning authority. If the residential unit is to connect to the public water supply, details of the connection shall be submitted. If the residential unit is to connect to a private water supply, details of the proposed supply, including capacity of the water storage tank, confirmation that the source and storage facilities are sufficient and that the supply is adequate both in terms of sufficiency and wholesomeness to service the proposed residential unit shall be submitted. Before the new residential unit is occupied the installation of the water supply hereby approved shall be completed to the satisfaction of the planning authority. Reason: To ensure that the residential unit is provided with adequate water supply facilities prior to occupation. Page 9 of 114
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5. 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 residential unit, 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 and open space in relation to a fixed datum; c) Detailed plans, sections and elevations of the proposed residential unit, indicating the colour and type of materials to be used on the external walls, roof and windows; d) Details of all hard surfacing; e) Details of a sustainability/biodiversity scheme for the site, including the provision of boxes for bats and swifts; f) Details of the provision of superfast broadband connections for the residential unit; g) Proposals for the treatment and disposal of foul and surface water drainage from the proposed residential unit. Unless otherwise approved in writing by the planning authority, the surface water drainage shall comply with the standards detailed in the SUDS Manual; and h) Details of a scheme of landscaping and a plan showing 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. Development thereafter shall comply with the approved details or such non-material variations as may be approved in writing by the planning authority. 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 residential unit and site access arrangements; to ensure protected species are not adversely affected; to comply with policies RD1, DEV6, ENV6, ENV7 and ENV11 of the Midlothian Local Development Plan 2017 and Policies 6, 14, 17, 22 and 24 of National Planning Framework 4. 6. The details of the hardstanding required in terms of condition 5d) shall be porous materials. Reason: To prevent water run off from the site into the surrounding countryside; to comply with Policy 22 of National Planning Framework 4. 7. The tree protection measures required in terms of condition 5h) shall be put in place before any works begin on site and shall be retained as approved until development on site is completed. The protective fencing should be in accordance with BS5837 and shall include signage indicating prohibited activities within this Page 10 of 114
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Construction Exclusion Zone. Evidence of the signage shall also be supplied to the council. Proof of these protection measures and signage being in place shall be submitted to the planning authority before works begin, including groundworks or vegetation stripping. Reason: To ensure that any trees affected by the proposal are protected during development; to protect the trees and canopy cover in the site and wider area; to comply with policies RD1, ENV6, ENV7 and ENV11 of the Midlothian Local Development Plan 2017 and Policy 6 of National Planning Framework 4. 8. The scheme of landscaping approved in accordance with condition 5h) shall be carried out and completed within six months of the residential unit either being completed or brought into use, whichever is the earlier date. Any trees removed, dying, severely damaged or becoming seriously diseased within five years of planting shall be replaced in the following planting season by trees of a size and species similar to those originally required Reason: To ensure the landscaping is carried out and becomes successfully established; to comply with policies ENV7 and ENV11 of the Midlothian Local Development Plan 2017 and Policies 6 of National Planning Framework 4. 9. Before the residential unit is occupied the installation of the means of drainage treatment and disposal approved in terms of condition 5g) above shall be completed to the satisfaction of the planning authority. Reason: To ensure that the residential unit is provided with adequate drainage facilities prior to occupation; to comply with Policy 22 of National Planning Framework 4. 10. The development is granted for a period of five years from the date that the residential unit is installed at the site. Reason: Due to the temporary nature of the unit proposed, the impact this has on the character and setting of the surrounding rural area and special landscape area; and to enable the Planning Authority to exercise appropriate control at the expiry of the temporary permission. 11. Within three months of the date of expiry of the limited period of planning permission, the residential unit and associated services and fittings hereby approved shall be removed and the site shall be restored to its condition prior to the marquee hereby approved being on site. Reason: To ensure that the site is returned to its condition prior to development being carried out; in the interest of protecting the surrounding rural and special landscape area. Page 11 of 114
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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: 13 September 2024 Report Contact: Mhairi-Anne Cowie, Planning Officer Mhairi-Anne.Cowie@midlothian.gov.uk Background Papers: Planning application 24/00059/PPP available for inspection online. Page 12 of 114
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N Midlothian Council Fairfield House 8 Lothian Road Dalkeith, EH22 3AA Reproduced from the Ordnance Survey map with the permission of the controller of Her Majesty's Stationary Office. Crown copyright reserved. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Planning Service Place Directorate Midlothian Council Licence No. AC0000811376 (2024) Application for planning permission in principle for siting of mobile home for a temporary period of 5 years Land east of 2 Newlandrig, Gorebridge File No. 24/00059/PPP Scale 1:1500 Appendix A Page 13 of 114
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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 100649966-006 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: * Mr Alasdair Dickinson Newlandrig 2 EH23 4NS Midlothian Gorebridge Willow Farm Ltd Appendix B Page 14 of 114
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Page 2 of 5 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. 2 NEWLANDRIG To site a caravan act compliant mobile lodge on our farm. Midlothian Council GOREBRIDGE EH23 4NS 662757 336905 Page 15 of 114
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Page 3 of 5 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? * Please see supporting documents. Please see supporting documents: 1. Response to Midlothian Council Delegated Worksheet. 2. Letter of Support. 3. Accounts Summary. 24/00059/PPP 26/04/2024 25/01/2024 Page 16 of 114
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Page 4 of 5 Review Procedure The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case. Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other parties only, without any further procedures? For example, written submission, hearing session, site inspection. * Yes No Please indicate what procedure (or combination of procedures) you think is most appropriate for the handling of your review. You may select more than one option if you wish the review to be a combination of procedures. Please select a further procedure * Please explain in detail in your own words why this further procedure is required and the matters set out in your statement of appeal it will deal with? (Max 500 characters) Please select a further procedure * Please explain in detail in your own words why this further procedure is required and the matters set out in your statement of appeal it will deal with? (Max 500 characters) Please select a further procedure * Please explain in detail in your own words why this further procedure is required and the matters set out in your statement of appeal it will deal with? (Max 500 characters) In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion: Can the site be clearly seen from a road or public land? * Yes No Is it possible for the site to be accessed safely and without barriers to entry? * Yes No If there are reasons why you think the local Review Body would be unable to undertake an unaccompanied site inspection, please explain here. (Max 500 characters) Further written submissions on specific matters By means of inspection of the land to which the review relates Holding one or more hearing sessions on specific matters None. Any issues or questions raised by LRB can be addressed by further written submissions. On site visit would be beneficial to show possibilities of the land/farm. Hearing to discuss any issues may be beneficial. Also to show the local support from members of public. Page 17 of 114
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Page 5 of 5 Checklist – Application for Notice of Review Please complete the following checklist to make sure you have provided all the necessary information in support of your appeal. Failure to submit all this information may result in your appeal being deemed invalid. Have you provided the name and address of the applicant?. * Yes No Have you provided the date and reference number of the application which is the subject of this Yes No review? * If you are the agent, acting on behalf of the applicant, have you provided details of your name Yes No N/A and address and indicated whether any notice or correspondence required in connection with the review should be sent to you or the applicant? * Have you provided a statement setting out your reasons for requiring a review and by what Yes No procedure (or combination of procedures) you wish the review to be conducted? * Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review. Please attach a copy of all documents, material and evidence which you intend to rely on Yes No (e.g. plans and Drawings) which are now the subject of this review * Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice (if any) from the earlier consent. Declare – Notice of Review I/We the applicant/agent certify that this is an application for review on the grounds stated. Declaration Name: Mr Alasdair Dickinson Declaration Date: 14/06/2024 Page 18 of 114
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Willow Farm Ltd Management accounts Sales SIACCS payments Land payment BBL repayments Sales net of payments Total income net of pa Cost of sales Gross profit Gross margins Page 24 of 114
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Applicant response and statement To whom this may concern: I am struggling to understand why my planning application was refused and feel that an overly inflexible approach has been taken in relation to what is a relatively non- standard but increasingly common way of sustainable farming. That approach appearing to be largely only suited to ‘traditional’ farming approaches, which many will now appreciate are themselves becoming less common. Most importantly I feel that the proposals align well with National Planning Framework 4. National Planning Framework 4 - gov.scot (www.gov.scot) Please see below a response to the planning department’s delegated worksheet. Applicant response in red. MIDLOTHIAN COUNCIL DEVELOPMENT MANAGEMENT PLANNING APPLICATION DELEGATED WORKSHEET: Planning Application Reference: 24/00059/PPP Site Address: Land East of 2 Newlandrig, Gorebridge Site Description: The application site forms part of an existing small farm and field adjacent to Newlandrig. The associated farmland extends to the east and northeast, with countryside beyond to the west and northwest and Newlandrig to the southwest. There is a tree lined burn to the north and established landscaping surrounding the site. The site and surrounding area were formerly a tree nursery and have a significant amount of overgrown trees. There is an existing polytunnel which houses chickens in the associated land, with the eggs sold from here. The polytunnel only houses the birds in winter during poor weather, or in emergency situations such as bird flu. They are raised out on pasture/woodlands otherwise. Proposed Development: Application for planning permission in principle for siting of mobile home for a temporary period of 5 years. Proposed Development Details: The application is for planning permission in principle for a residential unit in a mobile home. The application site is set back into the site amongst trees, accessed by the existing vehicular access and track. At present there are chickens on the associated land, with their eggs being sold from a repurposed horsebox. The submissions state the applicant is also looking to graze Page 25 of 114
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cattle in the future. The proposal will provide accommodation to allow farming on the associated land in a regenerative way. This is proposed for 5 years. A new septic tank and discharge via soakaway are proposed and the mobile home will connect to the public water supply. The mobile home is a lodge which the applicant states meets all requirements for a caravan and related legislation. The application includes a supporting statement, coal mining report, labour requirement information, business accounts, Arboricultural Impact Assessment, a letter of support from a specialist in regenerative farming, details of water and electricity provision, rainwater harvesting and construction. The submissions provides a rationale and justification for the proposal and also references to NPF4. The application site boundary was drawn very tightly around the proposed mobile home. During the course of the application, the applicant sought to change the position of the residential unit. The proposed position was outwith the original application site boundary and so could not be considered under the current application. If the applicant wishes for an alternative position to be considered outwith the original site boundary, this will require a new planning application. The site footprint will be exactly the same. I provided two site plans with the orientation of the lodge rotated 90 degrees. I stated I was happy for the planning department to choose which they preferred. A new planning application and associated costs seems rather unnecessary. The applicant has been given the opportunity to provide further information, relating to the viability of the business, during the assessment period for the planning application. Background (Previous Applications, Supporting Documents, Development Briefs): Surrounding associated land 23/00812/PNAG (to east of current site) Erection of agricultural building. Permitted. 21/00795/PNAG (to south of current site) Erection of agricultural building and alterations to existing private way. No objection. 19/00498/PNAG (to west of current site) Erection of agricultural building. Permitted. 2 Newlandrig (to west) 10/00276/DPP Change of use from agricultural building to ancillary building for dwellinghouse. Consent with conditions. Consultations: The Council’s Senior Manager Neighbourhood Services (Roads) was consulted but did not respond. In previous enquires for proposals for the land associated with the site they have had no objections but requested details of vehicle access and parking to be submitted. There has been no significant change in circumstances in the area since the previous comments were received. No Objection. Page 26 of 114
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The Council’s Protective Services Manager has no objection to the proposal provided conditions are attached to any permission approved relating to ground contamination mitigation works. They also queried the water, wastewater and electricity supplies proposed. The applicant has provided additional information regarding this which has addressed their concerns. They recommend a condition be attached to any permission requiring that the septic tank be registered with the SEPA and that this complies with their requirements. No objection. The Coal Authority has no objection but recommend an informative note be attached to any permission relating to future works. No objection. Scottish Water has no objection but states they will not accept any surface water connections to the combined sewer. There is no public waste infrastructure in the area so private treatment options need to be investigated. No objection – sealed or soakaway septic tank system as per discussion with Scottish Water/Sepa and their recommendations. Representations: No representations have been received. Relevant Planning Policies: The development plan is comprised of National Planning Framework 4 (2023) and the Midlothian Local Development Plan 2017. The following policies are relevant to the proposal: National Planning Framework 4 (NPF4) • Policy 1 Tackling the climate and nature crises; sets out to encourage, promote and facilitate development that addresses the global climate emergency and nature crisis. The sole purpose of the farm is to produce food in such a way that restores natural wildlife habitats, increases soil carbon sequestration, and eliminate input chemicals. This requires initial capital investment. Please see ‘letter of support’ submitted with original application. The majority of our customers come to the farm while out and about anyway so no additional travelling and associated emissions/congestion. We will also be creating a number of wildlife ponds. • 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. By nature of design, regenerative agriculture practises are set up to adapt to the ever changing climate but also help reverse climate change. Please see ‘letter of support’ submitted with original application section titled: Technical principles of Regenerative Farming of livestock Page 27 of 114
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• Policy 3 Biodiversity; sets out to protect biodiversity, reverse biodiversity loss, deliver positive effects from development and strengthen nature networks. Herbal leys, wildflower meadows, wildlife ponds, tree planting and rewilding. Net increase of biodiversity. Please see ‘letter of support’ submitted with original application section titled: Technical principles of Regenerative Farming of livestock. • A recent study published shows a 76% decline in insect numbers in Scotland since 2004. See link below. Regenerative agriculture can help reverse this loss. • https://www.buglife.org.uk/news/bugs-matter-citizen-science-survey-shows-further- decreases-in-insect-numbers-in- scotland/#:~:text=The%20troubling%20extent%20of%20insect,76%25%20in%20Sco tland%20since%202004. • 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. Regenerative agriculture practices actually increases top soil. Please see ‘letter of support’ submitted with original application section titled: My Background and outline of Regenerative Farming. • Policy 6 Forestry, woodland and trees; sets out to protect and expand forests, woodland and trees. Planting new trees within an agroforestry system. New woodland creation. All at our own cost. Considerable capital required for saplings, fencing/protection and management. • 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. Planning approval will eliminate commuting to Glasgow for work. Significant reduction in transport related emissions and congestion. This will also allow a reduction in number of household vehicles. Easy access to the farm for customers by bicycle or by walking. Many of our customer walk from Gorebridge, Pathhead, Edgehead, Ford, Vogrie Country Park and Dewartown. Page 28 of 114
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• Policy 14 Design, quality and place; sets out to encourage, promote and facilitate well designed development that makes successful places by taking a design-led approach and applying the Place Principle. • Policy 15 Local Living and 20 minute neighbourhoods; sets out to encourage, promote and facilitate the application of the Place Principle and create connected and compact neighbourhoods where people can meet the majority of their daily needs within a reasonable distance of their home, preferably by walking, wheeling or cycling or using sustainable transport options. Our farm lies adjacent to the B6372, which is a busy commuter road. The vast majority of our customers are travelling this route anyway. We are also only minutes from large settlements. Customers can walk or cycle to the farm. • Policy 17 Rural Homes; supports development proposals or new homes in rural areas where the development is suitably scaled, sited and designed to be in keeping with the character of the area and the development, and meets set conditions including where the site is allocated for housing within the local development plan. Development proposals for new homes in rural areas shall consider how the development will contribute towards local living. Responsibly sourced timber lodge within a woodland landscape. The development will increase the character of the landscape due to the need of woodland management. Also, local food for local people. Please see link below showing support from local members of public and customers. • https://www.facebook.com/share/p/caaEFD2gK536A1nF/ • 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. Rainwater harvesting as submitted in the original application utilises rainwater for grey water use and irrigation for vegetable production. • Policy 24 Digital Infrastructure; sets out to encourage, promote and facilitate the rollout of digital infrastructure across Scotland to unlock the potential of all our places and the economy. Fibre broadband or satellite broadband easily accessible. Page 29 of 114
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The relevant policies of the 2017 Midlothian Local Development Plan are; DEV5 Sustainability in New Development sets out the requirements for development with regards to sustainability principles; DEV6 Layout and Design of New Development states that good design and a high quality of architecture will be required in the overall layout of development proposals. This also provides guidance on design principles for development, materials, access, and passive energy gain, positioning of buildings, open and private amenity space provision and parking; Architecture design is not applicable as a caravan act compliant lodge has strict design and size restrictions. Layout of development keeps any disturbance to a minimum. Any removed topsoil will be reused in vegetable production. The lodge is also mobile. 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; Very limited landscaping requirements. Only removal of topsoil and upgraded farm track and small parking space with hardstanding. Topsoil reused in vegetable production and adding additional layers to low lying areas in arable fields. TRAN5 Electric Vehicle Charging seeks to support and promote the development of a network of electric vehicle charging stations by requiring provision to be considered as an integral part of any new development or redevelopment proposals; IT1 Digital Infrastructure supports the incorporation of high speed broadband connections and other digital technologies into new homes, business properties and redevelopment proposals; RD1 Development in the Countryside states development in the countryside will only be permitted if: it is required for the furtherance of agriculture, including farm related diversification, horticulture, forestry, countryside recreation or tourism; it accords with other named policies; or it accords with the Council’s Supplementary Guidance on Development in the Countryside and Green Belt. All such development will need to be: of a scale and character appropriate to the rural area and well integrated into the rural landscape; capable of being serviced with an adequate and appropriate access; capable of being provided with drainage and a public water supply at reasonable cost, or an acceptable private water supply, avoiding unacceptable discharge to watercourses; and accessible by public transport and services, within 1 mile of a bus route with a frequency of 1 bus per hour; Furtherance of agriculture, farm related diversification, horticulture, forestry and tourism. The sole purpose of the farm. We have access to mains water and mains electricity. Our farm has a lot of local support from members of the public. Please see link of local support. Page 30 of 114
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ENV4 Prime Agricultural Land does not permit development leads to the permanent loss of prime agricultural land unless there is appropriate justification to do so; Current arable land is farmed using conventional agricultural methods. Artificial fertilisers, herbicides and pesticides are all used. Planning approval will eradicate these wildlife/natural habitat destroying practices. The lodge location is not prime agricultural land. ENV6 Special Landscape Areas states that development proposals will only be permitted where they incorporate high standards of siting and design and where they will not have significant adverse effect on the special landscape qualities of the area; The lodge siting will not adversely effect the qualities of the landscape. Surrounding woodland health will be vastly improved due to thinning. ENV7 Landscape Character states that development will not be permitted where it significantly and adversely affects local landscape character. Where development is acceptable, it should respect such character and be compatible in terms of scale, siting and design. New development will normally be required to incorporate proposals to maintain the diversity and distinctiveness of the local landscapes and to enhance landscape characteristics where they have been weakened; Already addressed in previous comments. ENV11 Woodland, Trees and Hedges states that development will not be permitted where it could lead directly or indirectly to the loss of, or damage to, woodland, groups of trees (including trees covered by a Tree Preservation Order, areas defined as ancient or semi-natural woodland, veteran trees or areas forming part of any designated landscape) and hedges which have a particular amenity, nature conservation, biodiversity, recreation, landscape, shelter, cultural, or historical value or are of other importance. New woodland creation, woodland health restoration, new hedge laying/planting. All at our own cost. Supplementary Guidance for Housing Development in the Countryside and Green Belt (SG) has been prepared to expand this policy and the criteria to be met in such proposals. This can provide some support for development which is required for the furtherance of an established countryside activity. The onus is on the applicant to demonstrate compliance with the relevant policies to the satisfaction of the Council. In demonstrating the need for a permanent dwelling, the Council will expect an application to be accompanied by an independent report prepared by a suitably qualified professional to support the need for a house and on the viability of the associated business and its operational requirements. In outlining the needs of the business, it should be apparent to the Council whether the need can be met within an existing settlement and whether the occupier will be employed full-time in the associated countryside activity, and therefore whether it meets the other requirements of the policy. Already addressed in previous comments and below. Page 31 of 114
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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 application is for planning permission in principle and so no details of the proposed mobile home, parking or facilities have been provided. In effect this planning application is to establish a new residential unit on the site. This is correct. However, it is temporary planning permission. If any issues arise during the 5 year period or if in 5 years the business is not viable then the lodge can be easily removed. It appears no consideration to the time, investment and public service we provide has been taken into consideration. We will also be paying council tax so a net increase to council income. There are strict caravan act compliance laws and regulations that we will adhere to. The primary focus of the NPF4 planning polices seek for developments to be sustainable and give consideration to the global climate and nature crises. In response to NPF4 the agent has stated: • - The type of regenerative farming proposed in the future will help tackle the climate and nature crises, as well as climate mitigation and adaptation and minimise soil disturbance; • - This will protect and increase biodiversity; • - The proposal will increase forestry; • - There will be no commuting to site and will remove existing vehicle movements; • - Rainwater harvesting is proposed; • - The proposal is for a local business with multiple enterprises, employment and educational opportunities; and • - The proposal will improve the natural assets of the land, environment and local economic growth. The supporting statement also makes reference to tourism through the installation of 2 ecopods which will provide income and create employment in the servicing. This requires planning permission and does not form part of the current application, therefore this cannot be taken into account in the assessment of this application. Application has been submitted for the first pod. The site is within the countryside. The abovementioned details relate in the main to the future use of the site as a regenerative farm rather than the impact on NPF4 as a result of a residential unit here. The site is in a fundamentally unsustainable location for a new residential unit, remote from public transport and local services, unless entirely linked to a viable business which can support the house and its occupants. 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. ‘Remote’ from public transport is an over exaggeration – nearest bus stop is 1.7 miles, nearest train station is 1.8 miles. Approving planning permission will result in a considerable net reduction in travel, and associated issues, due to no commute to Glasgow for work. The development Page 32 of 114
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has a number of positive impacts in relation to the NPF4. The business will support two full time employees. Myself and my wife. The Planning Authority has restrictive planning policies with regards to new residential 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. I will strongly argue that our proposal, and project as a whole, will ultimately stop creeping suburbanisation of the countryside, on our land at least. We are seeking to protect and improve our land as not only as food producing but as a natural asset to Midlothian. The proposed residential unit is not 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 proposed residential unit also does not form part of a group of five or more houses. The NPF4 and MLDP can support the principle of new residential units in the countryside if it is demonstrated that this is necessary to support the sustainable management of a related rural business, this need is permanent and that the occupier will be employed full-time in the associated countryside activity. It must also be demonstrated that there is an essential need for a worker to live permanently at this place of work and justification that this cannot be met within an existing settlement. The applicant states the residential unit is required to support the egg production business operating for the land around the site, as well as future plans for cattle grazing and regenerative farming. The applicant currently operates this business from the neighbouring house at 2 Newlandrig, however they are seeking to sell this house and invest the money in the business. Related policy puts the onus on the applicant to demonstrate that the need for a new house is permanent and any application shall be accompanied by an independent report prepared by a suitably qualified professional to support the need for a house and on the viability of the associated business and its operational requirement. The residential unit is not only required to scale the egg production but also to fund new agricultural infrastructure and new enterprises. Also, tree planting, wildlife ponds, hedge laying and wildflower meadow creation. This all requires capital input and time investment. Example: Fencing to reduce tree sample damage from deer will cost in excess of £60k. All paid for with taxed income. The supporting information states that the keeping of chickens and egg production operations from the wider side requires there to be a residential unit on site. The labour requirements are such that there needs to be a daily presence on site for Page 33 of 114
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various jobs related to this production. Some business accounts have been submitted showing the profits from the operations on site. The supporting information has been submitted by the applicant rather than an independent body specialising in such matters, such as the Scottish Agricultural College. Please see the attached document to the original submitted application titled – Letter of Support. David Cunningham is a bio-agromomist and a leading expert in regenerative agricultural. Pastured raised eggs is a non-mainstream production method so the SRUC (Scottish Agricultural College) as independent body would not be appropriate. We have been operational for 3 years and cannot meet 50% of the demand for eggs alone. In order to scale up production and introduce more enterprises, full time presence on farm is required. I do appreciate the letter of support is a technical read but it’s important to highlight the facts and also show why we use experts in their given fields to guide progression. The business account information is very limited in detail, with little information regarding cash flow, breakdown of costs, details of overheads, wages, etc. Therefore it has not been demonstrated that the business is viable when taking all these factors into account. Also the fact that the proposal includes a statement that the sale of the applicant’s house would fund the business and that they are in employment elsewhere indicates this is not a viable business at present. The attached account information was provided by Steedman Accountants. The summary clearly shows profit year on year and will do so again this year. I have previously stated that we do not pay ourselves wages currently as we work elsewhere and invest the profit back into the business. Employment elsewhere does not indicate that the business is not viable as stated by the duty planning officer. Also, sale of our current house to fund large infrastructure also does not indicate the business is not viable. Instead, this will allow eradication of our land mortgage payments and machinery costs plus have enough capital remaining to fund all the required infrastructure and new enterprise needs. This is where some common ground is needed between the planning officers and applicant. I do not feel any consideration has been given to the significant time and capital it requires to build a farm business and also what we have achieved in the last three years. For example: fencing our field boundaries to a sufficient degree as to minimise damage caused by deer eating young tree saplings will cost in excess of £60,000.00. Tree planting, hedgerow formation, wildlife corridors, etc all have considerable initial capital expenditure. Using our own capital to do this instead of relying on banks is a much more sustainable way to future proof the food production of the farm business. Being debt free will also have a knock-on effect to the consumer as the cost of produce doesn’t have the burden of servicing debt payments. We have transformed the land from an abandoned overgrown willow plantation, (originally owned by Scottish Coal as a carbon offset) to a highly productive parcel of agricultural land. Again, I feel no consideration has been given to our 6 year journey so far. The keeping of livestock could provide justification for a residential unit. However the keeping of chickens at the land associated with the site does not provide justification Page 34 of 114
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for a residential unit here. Other similar applications in the Council area with far larger livestock numbers for cattle or sheep have not justified the need for a residential unit in this way and have not been supported. In regards security, the associated land is at the edge of Newlandrig and by a busy road so there is a good level of passive supervision in the area. The site is close to Gorebridge and Dalkeith where there is a large amount of housing, including new developments, which would afford the operators of the business quick access to the associated land. No information has been submitted to demonstrate there is a requirement for someone to live at this site and it has not been demonstrated that the need cannot be met in an existing settlement. It would appear that it would be desirable for there to be a residential unit at this site rather than there being a quantifiable need for this. The comparisons to cattle and sheep are not applicable, even with much larger stocking densities. Cattle and sheep do not have the same daily requirements as pastured poultry. For example, pastured egg production requires on site presence at dawn and dusk (also multiple visits per day in between) 365 days per year. To do this living off-site will incur more travel to and from the farm multiple times per day, increasing congestion and emissions. In regards to security, the planning officer has stated that security is not a risk due to passive supervision by traffic on the B6372. I will strongly argue the opposite of this. Being close to a busy road increases the risk to the security of machinery, fuel, livestock and wildlife (hare coursing and illegal deer stalking). Especially, due to easy and quick access to the A7 and A68. The recommendation that passive traffic is a suitable security measure is not appropriate. Frequent travellers on the B6372 will be accustomed to seeing activity on farm at all hours so will not be alarmed by movements out with standard working hours. Also, the recommendation that a near by settlement, such as Dalkeith and Gorebridge, would offer adequate housing is also not appropriate. Properties that suit our needs are not available and this completely defeats the purpose of using our own capital to provide more local services to the people of Midlothian while also improving the landscape, environment and biodiversity. There is a policy requirement for sites to be accessible by public transport and services, either within 1 mile of a settlement or a bus route with a frequency of at least 1 bus per hour. The site is outwith 1 mile of such services. This means it is likely that the majority of trips would be made by private car. This is not in keeping with the Council’s aims of reducing reliance on the use of the private car and increasing opportunities for ‘active’ travel, or the aims of NPF4. As stated previously, planning approval will result in a considerable net reduction in travel and vehicles. While there are numerous ways in which a new residential unit 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 an unjustified attempt to build a new house in the Midlothian countryside. “An unjustified attempt to build a new house in Midlothian”? If i was trying to find a loophole in the planning system to build a house, why would I apply for temporary planning permission for a caravan act compliant mobile lodge? Why wouldn’t I apply for a large tradition house build? Why have NPF4 policies 4,12,26,29 and 30 not been mentioned? The overall outcomes of the farm adhere to these and provide a service to the local community. For example, the MLDP RD1 states the “furtherance of agriculture” (amongst others) as a permitted reason for development. The sole Page 35 of 114
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purpose of the planning application is to increase agricultural output, increase biodiversity and produce food. Notwithstanding the lack of policy support, the details of the proposal need to be given some consideration. I will argue my case against ‘lack of policy support’. The application is for planning permission in principle. Should the current application be approved, a further application would be required to consider the design, materials and layout of the development. Any proposal needs to be of a scale and character appropriate to the rural area and well integrated into the rural landscape. There is concern over the appearance of the proposed accommodation and the visual impact this will have on the landscape character in this special landscape area. While set back into the associated land, a mobile unit would be visible from the B6372 to the south. The site is surrounding by trees at present however there is a felling licence in place for some to be removed which may open views into the site. A small timber lodge within a woodland area will be of no detriment to the physical or visual aspect of the landscape. I will argue that the permitted development rights to build large agricultural buildings are more damaging to the landscape than small, mobile residential unit. Any trees removed will be done so in a way as to reduce any easy visible access to the lodge. A large agricultural building under permitted development will be more unsightly than a small timber frame building well sited within the woodland. 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. No road safety concerns. Due to the siting of the proposed residential unit, the nature of the surroundings and distance to nearby houses, the proposal will not have an adverse impact on the amenity or privacy of existing residents. No adverse impact on local residents. Recommendation: Refuse planning permission in principle. Ending notes: I would like to take this opportunity to state the fact that we are willing to be held accountable that in 5 years the business will support multiple salaries, significant improvement to the immediate environment, landscape and continue to provide a service to the people of Midlothian. My (Alasdair) 25 year career in professional sport results in being accustomed to accountability for my performance. It will be no different in this circumstance. I feel this shows significant commitment to the cause Link of local support: Page 36 of 114
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https://www.facebook.com/share/p/caaEFD2gK536A1nF/ I have stated numerous times to the planning department that it is vital we work closely and cooperatively with the council. Not only to provide local food for local people but to encourage education on how food can be produced in harmony with nature. As farmers, we are custodians of the land and to the people in the surrounding community. The farm will be easily accessible by walking or by bicycle. Disabled access will also be catered for. With all policies considered, we cannot see what negative effect this small development proposal would have on the character, wildlife, community and food production of Midlothian. Only net positive outcomes. Thank you for taking the time to read this response. Kind regards, Alasdair, Michelle, Brady & Bonnie Dickinson. Appendix: NPF4 policies not included in the delegated report but are important to note. Policy 4: Natural places Policy Intent: To protect, restore and enhance natural assets making best use of nature-based solutions. • Increasing biodiversity with regenerative agriculture principles. A nature based solution to biodiversity loss. Policy 12: Zero waste Policy Intent: Page 37 of 114
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To encourage, promote and facilitate development that is consistent with the waste hierarchy. - Top soil removed for the hard standing will be used for vegetable production on site and to add additional layers to low lying or wet spots in arable fields. - Any manure gathered during winter months (or mandatory housing such as bird flu) will be composted/used for vegetable production on site. Policy 26: Business and industry Policy Intent: To encourage, promote and facilitate business and industry uses and to enable alternative ways of working such as home working, live- work units and micro-businesses. - Local business with multiple enterprises, employment and educational opportunities. - Full time on farm will be ‘working from home’. Policy 29: Rural development Policy Intent: To encourage rural economic activity, innovation and diversification whilst ensuring that the distinctive character of the rural area and the service function of small towns, natural assets and cultural heritage are safeguarded and enhanced. - Improving the natural assets of our land, environment and local economic growth. Policy 30: Tourism Policy Intent: To encourage, promote and facilitate sustainable tourism development which benefits local people, is consistent with our net zero and nature commitments, and inspires people to visit Scotland. - Subject to planning consent. 2 eco pods to boost tourism to the local area. - Investment of £30,000.00 - Employment or local business/person will be needed to service the accommodation. - Application has been submitted for first pod. Page 38 of 114
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Our Journey from 2018 Page 40 of 114
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Abandoned willow plantation transformation (In photos) Page 41 of 114
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Removing the willow Page 42 of 114
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Aerial view of one of our fields after willow removal Page 43 of 114
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Slowly turning back to productive land Page 45 of 114
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Birds run through woodland and mixed species leys Page 48 of 114
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Birds on pasture Page 49 of 114
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We move the birds to fresh pasture regularly. Page 50 of 114
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Mixed species herbal ley to maximise biodiversity and carbon sequestration. We now need to add more trees, hedgerows and wildflower meadows. This all requires capital and time investment we are personally willing to make. We hope to teach and inspire people to be more connected to their food and the environment. Page 51 of 114
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Our current outlet that desperately needs updating. We cannot satisfy even 50% of demand at present. Page 52 of 114
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Thank you for taking the time to look through our images Page 53 of 114
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MIDLOTHIAN COUNCIL DEVELOPMENT MANAGEMENT PLANNING APPLICATION DELEGATED WORKSHEET: Planning Application Reference: 24/00059/PPP Site Address: Land East of 2 Newlandrig, Gorebridge Site Description: The application site forms part of an existing small farm and field adjacent to Newlandrig. The associated farmland extends to the east and northeast, with countryside beyond to the west and northwest and Newlandrig to the southwest. There is a tree lined burn to the north and established landscaping surrounding the site. The site and surrounding area were formerly a tree nursery and have a significant amount of overgrown trees. There is an existing polytunnel which houses chickens in the associated land, with the eggs sold from here. Proposed Development: Application for planning permission in principle for siting of mobile home for a temporary period of 5 years. Proposed Development Details: The application is for planning permission in principle for a residential unit in a mobile home. The application site is set back into the site amongst trees, accessed by the existing vehicular access and track. At present there are chickens on the associated land, with their eggs being sold from a repurposed horsebox. The submissions state the applicant is also looking to graze cattle in the future. The proposal will provide accommodation to allow farming on the associated land in a regenerative way. This is proposed for 5 years. A new septic tank and discharge via soakaway are proposed and the mobile home will connect to the public water supply. The mobile home is a lodge which the applicant states meets all requirements for a caravan and related legislation. The application includes a supporting statement, coal mining report, labour requirement information, business accounts, Arboricultural Impact Assessment, a letter of support from a specialist in regenerative farming, details of water and electricity provision, rainwater harvesting and construction. The submissions provides a rationale and justification for the proposal and also references to NPF4. The application site boundary was drawn very tightly around the proposed mobile home. During the course of the application, the applicant sought to change the position of the residential unit. The proposed position was outwith the original application site boundary and so could not be considered under the current application. If the applicant wishes for an alternative position to be considered outwith the original site boundary, this will require a new planning application. The applicant has been given the opportunity to provide further information, relating to the viability of the business, during the assessment period for the planning application. Appendix C Page 54 of 114
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Background (Previous Applications, Supporting Documents, Development Briefs): Surrounding associated land 23/00812/PNAG (to east of current site) Erection of agricultural building. Permitted. 21/00795/PNAG (to south of current site) Erection of agricultural building and alterations to existing private way. No objection. 19/00498/PNAG (to west of current site) Erection of agricultural building. Permitted. 2 Newlandrig (to west) 10/00276/DPP Change of use from agricultural building to ancillary building for dwellinghouse. Consent with conditions. Consultations: The Council’s Senior Manager Neighbourhood Services (Roads) was consulted but did not respond. In previous enquires for proposals for the land associated with the site they have had no objections but requested details of vehicle access and parking to be submitted. There has been no significant change in circumstances in the area since the previous comments were received. The Council’s Protective Services Manager has no objection to the proposal provided conditions are attached to any permission approved relating to ground contamination mitigation works. They also queried the water, wastewater and electricity supplies proposed. The applicant has provided additional information regarding this which has addressed their concerns. They recommend a condition be attached to any permission requiring that the septic tank be registered with the SEPA and that this complies with their requirements. The Coal Authority has no objection but recommend an informative note be attached to any permission relating to future works. Scottish Water has no objection but states they will not accept any surface water connections to the combined sewer. There is no public waste infrastructure in the area so private treatment options need to be investigated. Representations: No representations have been received. Relevant Planning Policies: The development plan is comprised of National Planning Framework 4 (2023) and the Midlothian Local Development Plan 2017. The following policies are relevant to the proposal: National Planning Framework 4 (NPF4) - Policy 1 Tackling the climate and nature crises; sets out to encourage, promote and facilitate development that addresses the global climate emergency and nature crisis. - Policy 2 Climate mitigation and adaptation; sets out to encourage, promote and facilitate development that minimises emissions and adapts to the current and future impacts of climate change. - Policy 3 Biodiversity; sets out to protect biodiversity, reverse biodiversity loss, deliver positive effects from development and strengthen nature networks. Page 55 of 114
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- Policy 5 Soils; sets out to protect carbon-rich soils, restore peatlands and minimise disturbance to soils from development. The policy also sets out acceptable scenarios for development on prime agricultural land. - Policy 6 Forestry, woodland and trees; sets out to protect and expand forests, woodland and trees. - Policy 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 17 Rural Homes; supports development proposals or new homes in rural areas where the development is suitably scaled, sited and designed to be in keeping with the character of the area and the development, and meets set conditions including where the site is allocated for housing within the local development plan. Development proposals for new homes in rural areas shall consider how the development will contribute towards local living. - Policy 22 Flood risk and water management; sets out to strengthen resilience to flood risk by promoting avoidance as a first principle and reducing the vulnerability of existing and future development to flooding. - Policy 24 Digital Infrastructure; sets out to encourage, promote and facilitate the rollout of digital infrastructure across Scotland to unlock the potential of all our places and the economy. The relevant policies of the 2017 Midlothian Local Development Plan are; DEV5 Sustainability in New Development sets out the requirements for development with regards to sustainability principles; DEV6 Layout and Design of New Development states that good design and a high quality of architecture will be required in the overall layout of development proposals. This also provides guidance on design principles for development, materials, access, and passive energy gain, positioning of buildings, open and private amenity space provision and parking; DEV7 Landscaping in New Development requires development proposals to be accompanied by a comprehensive scheme of landscaping. The design of the scheme is to be informed by the results of an appropriately detailed landscape assessment; TRAN5 Electric Vehicle Charging seeks to support and promote the development of a network of electric vehicle charging stations by requiring provision to be considered as an integral part of any new development or redevelopment proposals; IT1 Digital Infrastructure supports the incorporation of high speed broadband connections and other digital technologies into new homes, business properties and redevelopment proposals; Page 56 of 114
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RD1 Development in the Countryside states development in the countryside will only be permitted if: it is required for the furtherance of agriculture, including farm related diversification, horticulture, forestry, countryside recreation or tourism; it accords with other named policies; or it accords with the Council’s Supplementary Guidance on Development in the Countryside and Green Belt. All such development will need to be: of a scale and character appropriate to the rural area and well integrated into the rural landscape; capable of being serviced with an adequate and appropriate access; capable of being provided with drainage and a public water supply at reasonable cost, or an acceptable private water supply, avoiding unacceptable discharge to watercourses; and accessible by public transport and services, within 1 mile of a bus route with a frequency of 1 bus per hour; ENV4 Prime Agricultural Land does not permit development leads to the permanent loss of prime agricultural land unless there is appropriate justification to do so; ENV6 Special Landscape Areas states that development proposals will only be permitted where they incorporate high standards of siting and design and where they will not have significant adverse effect on the special landscape qualities of the area; ENV7 Landscape Character states that development will not be permitted where it significantly and adversely affects local landscape character. Where development is acceptable, it should respect such character and be compatible in terms of scale, siting and design. New development will normally be required to incorporate proposals to maintain the diversity and distinctiveness of the local landscapes and to enhance landscape characteristics where they have been weakened; and ENV11 Woodland, Trees and Hedges states that development will not be permitted where it could lead directly or indirectly to the loss of, or damage to, woodland, groups of trees (including trees covered by a Tree Preservation Order, areas defined as ancient or semi-natural woodland, veteran trees or areas forming part of any designated landscape) and hedges which have a particular amenity, nature conservation, biodiversity, recreation, landscape, shelter, cultural, or historical value or are of other importance. Supplementary Guidance for Housing Development in the Countryside and Green Belt (SG) has been prepared to expand this policy and the criteria to be met in such proposals. This can provide some support for development which is required for the furtherance of an established countryside activity. The onus is on the applicant to demonstrate compliance with the relevant policies to the satisfaction of the Council. In demonstrating the need for a permanent dwelling, the Council will expect an application to be accompanied by an independent report prepared by a suitably qualified professional to support the need for a house and on the viability of the associated business and its operational requirements. In outlining the needs of the business, it should be apparent to the Council whether the need can be met within an existing settlement and whether the occupier will be employed full-time in the associated countryside activity, and therefore whether it meets the other requirements of the policy. 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 57 of 114
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The application is for planning permission in principle and so no details of the proposed mobile home, parking or facilities have been provided. In effect this planning application is to establish a new residential unit on the site. The primary focus of the NPF4 planning polices seek for developments to be sustainable and give consideration to the global climate and nature crises. In response to NPF4 the agent has stated: - The type of regenerative farming proposed in the future will help tackle the climate and nature crises, as well as climate mitigation and adaptation and minimise soil disturbance; - This will protect and increase biodiversity; - The proposal will increase forestry; - There will be no commuting to site and will remove existing vehicle movements; - Rainwater harvesting is proposed; - The proposal is for a local business with multiple enterprises, employment and educational opportunities; and - The proposal will improve the natural assets of the land, environment and local economic growth. The supporting statement also makes reference to tourism through the installation of 2 ecopods which will provide income and create employment in the servicing. This requires planning permission and does not form part of the current application, therefore this cannot be taken into account in the assessment of this application. The site is within the countryside. The abovementioned details relate in the main to the future use of the site as a regenerative farm rather than the impact on NPF4 as a result of a residential unit here. The site is in a fundamentally unsustainable location for a new residential unit, remote from public transport and local services, unless entirely linked to a viable business which can support the house and its occupants. 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 Planning Authority has restrictive planning policies with regards to new residential 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 residential unit is not 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 proposed residential unit also does not form part of a group of five or more houses. Page 58 of 114
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The NPF4 and MLDP can support the principle of new residential units in the countryside if it is demonstrated that this is necessary to support the sustainable management of a related rural business, this need is permanent and that the occupier will be employed full-time in the associated countryside activity. It must also be demonstrated that there is an essential need for a worker to live permanently at this place of work and justification that this cannot be met within an existing settlement. The applicant states the residential unit is required to support the egg production business operating for the land around the site, as well as future plans for cattle grazing and regenerative farming. The applicant currently operates this business from the neighbouring house at 2 Newlandrig, however they are seeking to sell this house and invest the money in the business. Related policy puts the onus on the applicant to demonstrate that the need for a new house is permanent and any application shall be accompanied by an independent report prepared by a suitably qualified professional to support the need for a house and on the viability of the associated business and its operational requirement. The supporting information states that the keeping of chickens and egg production operations from the wider side requires there to be a residential unit on site. The labour requirements are such that there needs to be a daily presence on site for various jobs related to this production. Some business accounts have been submitted showing the profits from the operations on site. The supporting information has been submitted by the applicant rather than an independent body specialising in such matters, such as the Scottish Agricultural College. The business account information is very limited in detail, with little information regarding cash flow, breakdown of costs, details of overheads, wages, etc. Therefore it has not been demonstrated that the business is viable when taking all these factors into account. Also the fact that the proposal includes a statement that the sale of the applicant’s house would fund the business and that they are in employment elsewhere indicates this is not a viable business at present. The keeping of livestock could provide justification for a residential unit. However the keeping of chickens at the land associated with the site does not provide justification for a residential unit here. Other similar applications in the Council area with far larger livestock numbers for cattle or sheep have not justified the need for a residential unit in this way and have not been supported. In regards security, the associated land is at the edge of Newlandrig and by a busy road so there is a good level of passive supervision in the area. The site is close to Gorebridge and Dalkeith where there is a large amount of housing, including new developments, which would afford the operators of the business quick access to the associated land. No information has been submitted to demonstrate there is a requirement for someone to live at this site and it has not been demonstrated that the need cannot be met in an existing settlement. It would appear that it would be desirable for there to be a residential unit at this site rather than there being a quantifiable need for this. Page 59 of 114
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There is a policy requirement for sites to be accessible by public transport and services, either within 1 mile of a settlement or a bus route with a frequency of at least 1 bus per hour. The site is outwith 1 mile of such services. This means it is likely that the majority of trips would be made by private car. This is not in keeping with the Council’s aims of reducing reliance on the use of the private car and increasing opportunities for ‘active’ travel, or the aims of NPF4. While there are numerous ways in which a new residential unit 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 an 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. The application is for planning permission in principle. Should the current application be approved, a further application would be required to consider the design, materials and layout of the development. Any proposal needs to be of a scale and character appropriate to the rural area and well integrated into the rural landscape. There is concern over the appearance of the proposed accommodation and the visual impact this will have on the landscape character in this special landscape area. While set back into the associated land, a mobile unit would be visible from the B6372 to the south. The site is surrounding by trees at present however there is a felling licence in place for some to be removed which may open views into the site. 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. Due to the siting of the proposed residential unit, the nature of the surroundings and distance to nearby houses, the proposal will not have an adverse impact on the amenity or privacy of existing residents. Recommendation: Refuse planning permission in principle. Page 60 of 114
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Refusal of Planning Permission Town and Country Planning (Scotland) Act 1997 Reg. No. 24/00059/PPP Willow Farm Ltd 2 Newlandrig Gorebridge Midlothian EH23 4NS Midlothian Council, as Planning Authority, having considered the application by Willow Farm Ltd, Mr Alasdair Dickinson, 2 Newlandrig, Gorebridge, Midlothian, EH23 4NS, which was registered on 25 January 2024 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 siting of mobile home for a temporary period of 5 years at Land East of 2 Newlandrig, Gorebridge In accordance with the application and the following documents/drawings: Document/Drawing. Drawing No/Scale Dated Location Plan 1:1500 25.01.2024 Site Plan 25.01.2024 Site Plan 25.01.2024 The reasons for the Council's decision are set out below: 1. It has not been demonstrated to the satisfaction of the planning authority that the residential unit is necessary to support the sustainable management of a viable rural business and there is an essential need for a worker to live permanently at or near their place of work, nor that there are material planning considerations to otherwise justify approval of the proposal. It has not been demonstrated to the satisfaction of the planning authority, from clearly set out accounts showing overheads and wages paid by the business, that the farm business is a viable operation which could support a residential unit at the site. Therefore, there is no justification for the development of a residential unit in this rural location as it would be contrary to policy RD1 of the adopted Midlothian Local Development Plan 2018, the related supplementary 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 61 of 114
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Dated 26 / 4 / 2024 …………………………….. Duncan Robertson Lead Officer – Local Developments Fairfield House, 8 Lothian Road, Dalkeith, EH22 3ZN Page 62 of 114
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Any Planning Enquiries should be directed to: Planning and Local Authority Liaison Direct Telephone: 01623 637 119 (Planning Enquiries) 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 coal mining features at surface or shallow depth. These features may include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and former surface mining sites. Although such features are seldom readily visible, they can often be present and problems can occur, particularly as a result of new development taking place. Any form of development over or within the influencing distance of a mine entry can be dangerous and raises significant land stability and public safety risks. As a general precautionary principle, the 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: www.gov.uk/government/publications/building-on-or-within-the-influencing-distance-of- mine-entries Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a 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 63 of 114
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Appendix E Page 64 of 114
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Local Review Body Monday 23 September 2024 Item No 5.2 Notice of Review: Land adjacent 103 Lothian Street, Bonnyrigg Determination Report Report by Chief Officer Place 1 Purpose of Report 1.1 The purpose of this report is to provide a framework for the Local Review Body (LRB) to consider a ‘Notice of Review’ for the formation of car park and associated works at land adjacent 103 Lothian Street, Bonnyrigg. 2 Background 2.1 Planning application 24/00062/DPP for the formation of car park and associated works at land adjacent 103 Lothian Street, Bonnyrigg was refused planning permission on 24 April 2024; 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 24 April 2024 (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 65 of 114
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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 32 representations received (29 objections and three supporting). As part of the review process the interested parties were notified of the review – no additional comments have been received. All comments can be viewed online on the electronic planning application case file. 4.3 The next stage in the process is for the LRB to determine the review in accordance with the agreed procedure: • Identify any provisions of the development plan which are relevant to the decision; • Interpret them carefully, looking at the aims and objectives of the plan as well as detailed wording of policies; • Consider whether or not the proposal accords with the development plan; • Identify and consider relevant material considerations for and against the proposal; • Assess whether these considerations warrant a departure from the development plan; and • State the reason/s for the decision and state any conditions required if planning permission is granted. 4.4 In reaching a decision on the case the planning advisor can advise on appropriate phraseology and on appropriate planning reasons for reaching a decision. 4.5 Following the determination of the review the planning advisor will prepare a decision notice for issuing through the Chair of the LRB. A copy of the decision notice will be reported back to the LRB for noting. 4.6 A copy of the LRB decision will be placed on the planning authority’s planning register and made available for inspection online. 5 Conditions 5.1 In accordance with the procedures agreed by the LRB at its meeting of 20 June 2022, and without prejudice to the determination of the review, the following conditions have been prepared for the consideration of the LRB if it is minded to uphold the review and grant planning permission. 1. The development to which this permission relates shall commence no later than the expiration of three years beginning with the date of this permission. Reason: To accord with the provisions of Section 58 of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning (Scotland) Act 2019). Page 66 of 114
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2. Prior to any work commencing the following information shall be submitted to and approved in writing by the planning authority: a) detailed specification of the proposed material, design and dimensions of the proposed seating; b) detailed specification of the proposed material, design and dimensions of the proposed bollards; c) detailed specification of the material, design and colour of the proposed surface materials; d) details of the proposed drainage of surface water; e) detailed specification of any walls or kerbs to be erected at the site; f) details of the position, height, materials and design of any proposed barrier at the car park entrance; g) a landscape scheme for the site to include details of any plants to be retained, a planting schedule of new planting to include details of the location, size, species and number of plants to be planted; planting construction details; and a maintenance specification and schedule for the planted areas; and h) details of 2 electric vehicle charging points to be provided at the site. Reason: In order to safeguard the visual amenity of the area. In order to minimise flooding and pollution of watercourses. In order to comply with policy 13 of NPF4 and TRAN5 of the adopted Midlothian Local Development Plan in the interests of sustainability. 3. The details of the access to the car park shown on drawing 10464 02 are hereby not approved: the car park access shall be formed to provide a continuous footway across the access with no dropped kerb or bellmouth junction. Reason: In the interests of prioritising pedestrian movement over vehicular movement in the interests of pedestrian safety. 4. A minimum of 2 of the car parking spaces shall include operational electric vehicle charging points. Reason: In order to comply with policy 13 of NPF4 and TRAN5 of the adopted Midlothian Local Development Plan in the interests of sustainability. 5. The approved cycle parking, electric vehicle charging points and bollards shall be installed prior to the car park being brought into use. Reason: In order to comply with policies 13 of NPF4 and DEV6 and TRAN5 of the adopted Midlothian Local Development Plan in the interests of sustainability: in the interests of pedestrian safety. 6. No trees or existing planting at the site shall be removed until such time as the landscape scheme and subsequent maintenance details as required by condition 2 have been approved in writing by the planning authority. Page 67 of 114
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Reason: To safeguard the visual amenity of the area and biodiversity. 7. The scheme of landscaping approved in accordance with condition 1g) above shall be completed within six months of the car park either being completed or brought into use, whichever is the earlier date and thereafter shall be maintained in accordance with the maintenance specification and schedule also approved in terms of condition 1g) above. Unless otherwise approved in writing by the planning authority any trees or plants removed, dying, severely damaged or becoming seriously diseased thereafter shall be replaced in the following planting season by trees or plants of a size and species similar to those originally required. Reason: To ensure the landscaping is carried out and becomes successfully established. 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: 13 September 2024 Report Contact: Ingrid Forteath – Planning Officer Ingrid.Forteath@midlothian.gov.uk Background Papers: Planning application 23/00062/DPP available for inspection online. Page 68 of 114
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N Midlothian Council Fairfield House 8 Lothian Road Dalkeith, EH22 3AA Reproduced from the Ordnance Survey map with the permission of the controller of Her Majesty's Stationary Office. Crown copyright reserved. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Planning Service Place Directorate Midlothian Council Licence No. AC0000811376 (2024) Formation of car parking and associated works. Land adjacent to 103 Lothian Street, Bonnyrigg. File No. 24/00062/DPP Scale 1:400 Appendix A Page 69 of 114
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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 100678820-001 The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application. Applicant or Agent Details Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting on behalf of the applicant in connection with this application) Applicant Agent Agent Details Please enter Agent details Company/Organisation: Ref. Number: You must enter a Building Name or Number, or both: * First Name: * Building Name: Last Name: * Building Number: Address 1 Telephone Number: * (Street): * Extension Number: Address 2: Mobile Number: Town/City: * Fax Number: Country: * Postcode: * Email Address: * Is the applicant an individual or an organisation/corporate entity? * Individual Organisation/Corporate entity Format Design Shona Mackay Duddingston Road West 146 Holyrood Business Park 01316617666 EH16 4AP Scotland Edinburgh formatdesign@aol.com Appendix B Page 70 of 114
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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 Midlothian Council Lothian Street 74 Gigi's Restaurant EH19 3AQ Land Adjacent to 103 Lothian Street, Bonnyrigg Scotland Bonnyrigg Gigi's Restaurant Page 71 of 114
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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) Formation of car parking and associated works at Land adjacent to 103 Lothian Street, Bonnyrigg Please see attached appeal statement Page 72 of 114
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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 Please indicate what procedure (or combination of procedures) you think is most appropriate for the handling of your review. You may select more than one option if you wish the review to be a combination of procedures. Please select a further procedure * Please explain in detail in your own words why this further procedure is required and the matters set out in your statement of appeal it will deal with? (Max 500 characters) In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion: Can the site be clearly seen from a road or public land? * Yes No Is it possible for the site to be accessed safely and without barriers to entry? * Yes No Appeal statement 24/00062/DPP 24/04/2024 By means of inspection of the land to which the review relates 25/01/2024 To allow the members of the Local Review Body to view the application site and its environs Page 73 of 114
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Page 5 of 5 Checklist – Application for Notice of Review Please complete the following checklist to make sure you have provided all the necessary information in support of your appeal. Failure to submit all this information may result in your appeal being deemed invalid. Have you provided the name and address of the applicant?. * Yes No Have you provided the date and reference number of the application which is the subject of this Yes No review? * If you are the agent, acting on behalf of the applicant, have you provided details of your name Yes No N/A and address and indicated whether any notice or correspondence required in connection with the review should be sent to you or the applicant? * Have you provided a statement setting out your reasons for requiring a review and by what Yes No procedure (or combination of procedures) you wish the review to be conducted? * Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review. Please attach a copy of all documents, material and evidence which you intend to rely on Yes No (e.g. plans and Drawings) which are now the subject of this review * Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice (if any) from the earlier consent. Declare – Notice of Review I/We the applicant/agent certify that this is an application for review on the grounds stated. Declaration Name: Mrs Shona Mackay Declaration Date: 17/07/2024 Page 74 of 114
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Tel: 0131 661 7666 Holyrood Business Park Fax: 0131 659 6033 146 Duddingston Road West formatdesign@aol.com Edinburgh www.formatbuildingdesign.com EH16 4AP FADADS Limited, Registered in Scotland No. SC394231 Grounds of Review - Land adjacent to 103 Lothian Street, Bonnyrigg. Description of Proposal - Proposed alterations to public landscape area to allow for introduction of car and cycle parking and upgrading of the hard-standing and landscaping. Reasons for Refusal: 1. “The proposal would result in the loss of an attractive area of landscaped open space which adds interest and enhances the appearance of the surrounding area and is visually important on this main road into the centre of Bonnyrigg and at the entrance to Waverley Crescent providing an amenity for both residents and passers-by. 2. The loss of this open space to a car park would detract from this and the open character of the area with a significant detrimental impact on the visual amenity of the surrounding area, contrary to policies 14 of NPF4 and DEV2 of the adopted Midlothian Local Development Plan 2017 which seek to protect the amenity of the surrounding area.” Comment on Refusal Reason 1: The attached plan submitted as part of our grounds of review shows the proposal as described in our planning statement for: “Proposed alterations to public landscape area to allow for introduction of car and cycle parking and upgrading of the hard-standing and landscaping” It is our view that the proposal enhances the existing landscaping. The car parking is necessary for the viability of Gigi’s Restaurant, which has been seriously affected by the introduction of double yellow lines. The proposed landscaping will improve the current situation, creating community orchard seating areas. The actual car parking area itself, currently made up of concrete slabbing will be removed, and the car parking areas themselves will be the grassed paviers, all as shown on the attached plan. The proposal will clearly enhance the current situation and will not be removing the landscaping, as indicated on the refusal decision. The grassed car parking area is an improvement and the community orchard being introduced will be an amenity to the local area and residents. The new planting will be maintained, it is currently not well maintained, see photos submitted in our appendix. Page 75 of 114
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Tel: 0131 661 7666 Holyrood Business Park Fax: 0131 659 6033 146 Duddingston Road West formatdesign@aol.com Edinburgh www.formatbuildingdesign.com EH16 4AP FADADS Limited, Registered in Scotland No. SC394231 Comment on Refusal Reason 2: Planning Policy 14 of NPF4 states: “a) Development proposals will be designed to improve the quality of an area whether in urban or rural locations and regardless of scale. 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. 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. Comment: We contend that Policy 14 is not entirely appropriate to apply to this proposal, which does meet the aspirations of the policy. The proposal meets the intention of paras a), b) and c). The six qualities, as noted below, have been considered where appropriate and we comment as follows: Healthy: Supporting the prioritisation of women’s safety and improving physical and mental health. Comment: The proposal will support this Page 76 of 114
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Tel: 0131 661 7666 Holyrood Business Park Fax: 0131 659 6033 146 Duddingston Road West formatdesign@aol.com Edinburgh www.formatbuildingdesign.com EH16 4AP FADADS Limited, Registered in Scotland No. SC394231 Pleasant: Supporting attractive natural and built spaces. Comment - This proposal will support this. Connected: Supporting well connected networks that make moving around easy and reduce car dependency Comment - In a small way this connects the community and the car parking proposed is to ensure the viability of the local business. Distinctive: Supporting attention to detail of local architectural styles and natural landscapes to be interpreted, literally or creatively, into designs to reinforce identity. Comment - This proposal will comply 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 Comment -This proposal will comply 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. Comment - This proposal integrates car parking to sustain the local business, flexibility of use of the current space. It will be well maintained. We are of the opinion that the proposal complies with DEV2, as the existing amenity in many ways described above will be enhanced, as well as protect the amenity. Conclusion: In view of the above we contend that the proposal complies with Policy 14 of NPF4 and DEV2 of the adopted Midlothian Development Plan 2017. The proposal will improve the visual amenity, the landscaping will be improved and enhanced. The car parking will ensure the continuing viability of the restaurant. There are no objections from Transport, and the upgrading and improvement to the site will all be in line with the planning policies, improving the current site, encouraging birds and wildlife to the area. Thank you for your consideration of the above statement and we hope that you will be able to consider the appeal for this proposal favourably and grant planning approval. Format Design 22nd July 2024 Page 77 of 114
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Tel: 0131 661 7666 Holyrood Business Park Fax: 0131 659 6033 146 Duddingston Road West formatdesign@aol.com Edinburgh www.formatbuildingdesign.com EH16 4AP FADADS Limited, Registered in Scotland No. SC394231 Appendix Below are some current photos of the application site, and some examples of grassed car parking, timber bollards and seating proposed for the site: Page 78 of 114
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Tel: 0131 661 7666 Holyrood Business Park Fax: 0131 659 6033 146 Duddingston Road West formatdesign@aol.com Edinburgh www.formatbuildingdesign.com EH16 4AP FADADS Limited, Registered in Scotland No. SC394231 Page 79 of 114
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MIDLOTHIAN COUNCIL DEVELOPMENT MANAGEMENT PLANNING APPLICATION DELEGATED WORKSHEET: Planning Application Reference: 24/00062/dpp Site Address: Land adjacent to 103 Lothian Street, Bonnyrigg Site Description: The application site comprises an area of public open space comprising two large beds, 1 densely planted with 3 cypress trees and hebe shrubs with the other grassed with two small trees and a holly, and a central paved area, located at the junction of Lothian Street with Waverley Crescent. Proposed Development: Formation of car parking and associated works Proposed Development Details: It is proposed to change the use of the area of open space to a car park in association with Gigis restaurant on the opposite side of Lothian Street. The submitted plan indicates 9 car parking spaces with vehicular access off Waverley Crescent. Cycle parking is proposed in the west corner of the site. The plan indicates planting around much of the perimeter of the site with the plans annotated that existing trees, plants and shrubs are to be replanted with a grassed area incorporating a community orchard and seating area in the south corner. The plans appear to indicate a pedestrian path, in the main segregated from the car park by what appear to be bollards, with seating along the northern part of the site incorporating an area of planting. The parking spaces are to be surfaced in permeable pavers with grass with permeable paving proposed in the centre and the pedestrian path. No details of the appearance of the paving, seating or bollards have been submitted. Background (Previous Applications, Supporting Documents, Development Briefs): History sheet checked. 15/00222/dpp - Formation of car parking - It was proposed to change the use of the area of open space to a car park in association with Gigis restaurant on the opposite side of Lothian Street. The submitted plan indicated 13 car parking spaces with vehicular access off Waverley Crescent. The plan indicated planting around the perimeter of the site. Refused 29.04.15 – reason for refusal: The proposal would result in the loss of an attractive area of landscaped open space which is visually important on this main road in to the centre of Bonnyrigg with a significant detrimental impact on the visual amenity of the surrounding area, contrary to policies RP20 and RP30 of the adopted Midlothian Local Plan which seek to protect the character and amenity of the built-up area and protect important areas of open space in towns and villages. Appendix C Page 81 of 114
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19/00851/dpp - Change of use from hardstanding to external seating area; change of use from retail (class 1) to restaurant (class 3); extension to restaurant; formation of entrance canopy; recladding of building, external alterations to building and erection of fence at 70 - 74 Lothian Street, Bonnyrigg pp 19.12.2019 Policy and Road safety manager did not consider that the proposal would result in any major changes to parking arrangements at this location. The report noted that at the time of the application the restaurant had an area available for vehicle parking nearby. The Policy and Road Safety Manager considered that the application premises was already operating as a retail unit, attracting customers arriving by car, and that the proposal would not operate on a significantly different scale. Therefore, the proposed development would not have a sufficiently significant adverse impact on road safety, as compared to what could happen at the site at present, to warrant refusal. The agent has submitted a statement in support of the application describing the proposal as - Proposed alterations to public landscape area to allow for introduction of car and cycle parking and upgrading of the hard-standing and landscaping It states that Gigis will be affected by double yellow lines proposed along Lothian Street and that it is not practical to expect all customers to walk or use public transport in the evenings with the proposed car park going some way to alleviate the problem. It states that there is a risk that employment in the restaurant could be affected. It goes on to describe the proposed parking provision for restaurant customer use with cycle parking for customers and the general public. Parking and pedestrian surfaces will be permeable pavers with the landscaping redesigned using existing plants where practical and a small community orchard of apple trees is also proposed. It concludes that the applicant hopes to either purchase or enter in to a long term lease with the Council to use the land. It also states that the proposal will help to sustain Gigis and the employment of numerous staff. In relation to policy 1 of NPF4 the submitted statement states that the new layout, surface materials and improved planted area, with existing plants to be retained where possible with additional plants also proposed including apple and plum trees, will improve the sustainability of the site and will be an asset to the community. It is also noted that permeable paving is to be used and that materials will be sourced locally and local contractors employed. Consultations: Environmental Health – No objection. Senior Manager Neighbourhood Services (Roads) Policy– No objections. Suggested details regarding layout of access and segregation for pedestrians. Estates – No comments provided. Representations: 29 representation have been received objecting to the proposal and 3 in support. The grounds for objection are summarised below. • Parking already difficult at The Waverleys Page 82 of 114
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• Due to double yellow lines on Lothian Street difficulties for residents to park displacing parking to other nearby streets causing inconvenience; any proposed parking should be for residents. • Congestion as a result of new entrance/exit to the car park • Car park will impact on safety and add to congestion at an already busy junction, where children walk to school, making it unsafe for drivers and pedestrians • Car park will only benefit Gigis and could be used by staff leaving little space for customers • Car parking is avaible for customers at Bonnyrigg Rose • Proposal will not alleviate parking issues for restaurant or residents creating more traffic in to Waverly Crescent • Will Gigis buy the land or rent it? • How will parking be regulated and maintained? • No measurements on plans • Provision of car park will encourage car journeys to the restaurant • Parking should have been considered/ provided on site rather than allowing the premises to extend • Gigis and the Council should be promoting public transport; there is a bus stop directly outside Gigis and a train station nearby • Restaurants in Edinburgh do not have parking • Space is frequently used by children going to school and nursery • Object to public space being made in to a car park for private benefit • The area is a main route to school for children • Removal of green space, trees and plants and habitat for wildlife replaced with rubbish and pollution • Open spaces should be protected • Proposal will affect symmetrical planting on either side of entrance to Waverley Crescent • Object to fruit trees with potential for fruit being thrown possibly damaging nearby properties • Car fumes next to an orchard • Benches will encourage youth to congregate with potential vandalism of cars in car park and at neighbouring properties • Affected area is a well used pedestrian area • Car park will detract from welcoming space at the entrance to The Waverleys • Impact on property value • Potential disturbance from anti-social behaviour with noisy engines running • Double yellow lines have made Lothian Steet much safer • Existing planting does not affect visibility at the junction; parked cars could affect visibility • Bikes would get stolen from the bicycle stand • A car park at this site has previously been refused The grounds for support are summarised as follows: • Proposal would be helpful for both customers and locals freeing up space on the main road, helping with visibility and allowing emergency vehicles to pass • Not everyone is able to use public transport Page 83 of 114
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• Proposal would provide for parking for blue badge holders • The car park will benefit the locality in providing parking for restaurant users – potentially up to 45 cars over the course of a day reducing issues of parking • Existing planting impedes visibility at the junction; improving the space would increase safety at the junction • Whilst it is attractive to have a green space it is unused and parking would be more beneficial for both residents and restaurant customers. Relevant Planning Policies: Scottish Government Planning Advice Note (PAN) 65 Planning and Open Space (2008) recognises that open spaces contribute to the amenity and character of an area and can help soften the impact of development. Planning policy currently comprises National Planning Framework 4 and the adopted Midlothian Local Development Plan 2017. The following policies are relevant to the proposal: NPF4 Policy 1 Tackling the climate and nature crises When considering all development proposals significant weight will be given to the global climate and nature crises. Policy 3 (Pg38) Biodiversity a) Development proposals will contribute to the enhancement of biodiversity, including where relevant, restoring degraded habitats and building and strengthening nature networks and the connections between them. Proposals should also integrate nature-based solutions, where possible. c) Proposals for local development will include appropriate measures to conserve, restore and enhance biodiversity, in accordance with national and local guidance. Measures should be proportionate to the nature and scale of development. Applications for individual householder development, or which fall within scope of (b) above, are excluded from this requirement. d) Any potential adverse impacts, including cumulative impacts, of development proposals on biodiversity, nature networks and the natural environment will be minimised through careful planning and design. This will take into account the need to reverse biodiversity loss, safeguard the ecosystem services that the natural environment provides, and build resilience by enhancing nature networks and maximising the potential for restoration. Policy 6 – Forestry, woodland and trees b) Development proposals will not be supported where they will result in: ii. Adverse impacts on native woodlands, hedgerows and individual trees of high biodiversity value, or identified for protection in the Forestry and Woodland Strategy Policy 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. Page 84 of 114
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c) Development proposals that are poorly designed, detrimental to the amenity of the surrounding area or inconsistent with the six qualities of successful places, will not be supported. The relevant policies of the Midlothian Local Development Plan 2017 are; DEV2 – Protecting amenity within the built-up area - seeks to protect the character and amenity of the built-up area. ENV11 – Woodland, Trees and Hedges states that development will not be permitted where it could lead directly or indirectly to the loss of, or damage to, woodland, groups of trees (including trees covered by a Tree Preservation Order, areas defined as ancient or semi-natural woodland, veteran trees or areas forming part of any designated landscape) and hedges which have a particular amenity, nature conservation, biodiversity, recreation, landscape, shelter, cultural, or historical value or are of other importance. 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 Council’s Senior Manager Neighbourhood Services (Roads) has not raised any objection to the proposal on road safety grounds. There is very limited car parking associated with the restaurant with a small area to the side of the building and a lay-by in front. Planning permission was granted for the change of use of the premises from a public house to a restaurant in 2010. As part of the assessment of the application it was considered that the proposed change of use would not result in any significant change in the parking or servicing requirements of the premise. Also the owners would have been aware of the situation when they took over the premises and subsequently extended in to the former newsagents. It is acknowledged that the introduction of additional double yellow lines on Lothian Street will reduce on street parking in the area both for residents and restaurant users. However it is not unusual that town centre uses do not have dedicated parking. The site is well served by public transport. There are two bus stops very close to the restaurant with 4 buses an hour in each direction Mon-Fri during the day and 2 buses an hour in each direction Sat-Sun and in the evenings. Whilst there are now double yellow lines on Lothian street there is still unrestricted on-street parking in the surrounding streets albeit the concerns regarding congestion in the area are acknowledged. There are two Council run free public car parks in the town centre approximately 500m away from the restaurant with a total of 68 spaces (information from Council’ website). Page 85 of 114
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The approach in to Bonnyrigg along Eskbank Road up to this part of Lothian Street is characterised by planting and open space along the road with the houses set back behind serving as an attractive approach in to Bonnyrigg from this direction. Along with the open space on the opposite side of the road the planting and open space at the application site forms an attractive entrance in to Bonnyrigg and Waverley Crescent. The affected area of open space is of particular value in that it adds interest and enhances the appearance of the surrounding area providing an amenity for both residents and passersby. Despite the proposed planting the loss of this open space to a car park would detract from this and the open character of the area. The area of grass/planting would be reduced from approx. 261m2 to 139m2 (excluding the parking bays) which represents a reduction of approx. 46%. The proposal would result in the loss of an attractive area of landscaped open space which is visually important on this main road in to the centre of Bonnyrigg with a significant detrimental impact on the visual amenity of the surrounding area, contrary to development plan policy. Whilst it is acknowledged that the area could be enhanced in terms of additional planting and higher quality hard surfaces this does not warrant the loss of a large area to car parking. Currently the space is for pedestrian use only. The proposed layout of the car park and pedestrian link has the potential to give rise to conflict between pedestrians and cars with pedestrians channelled towards the car park entrance. Also there is potential for noise disturbance to neighbouring residential properties albeit this is difficult to assess as compared to the existing situation. Whilst there are no annotated dimensions on the plans the submitted plans are to scale. No details of a barrier at the car park entrance have been submitted. One of the supporting representations received states that the car park will be professionally managed by a third party. The impact on property value is not a material planning consideration in the assessment of the planning application. Antisocial behaviour would be matter for the police. Whilst it is acknowledged that not everyone is able to use public transport and that the proposal would provide for parking for blue badge holders, albeit only 1 space is shown on the plans, and that it would take a number of ars off the road the benefits put forward by the applicant’s agent and included in the comments of support are not significant enough to justify the permanent loss of this area of open space to be changed to be used as a car park. Recommendation: Refuse planning permission. Page 86 of 114
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Refusal of Planning Permission Town and Country Planning (Scotland) Act 1997 Reg. No. 24/00062/DPP Format Design Holyrood Business Park 146 Duddingston Road West Edinburgh EH16 4AP Midlothian Council, as Planning Authority, having considered the application by Gigi's Restaurant, 146 Duddingston Road West, Edinburgh, EH16 4AP, which was registered on 25 January 2024 in pursuance of their powers under the above Acts, hereby refuse permission to carry out the following proposed development: Formation of car parking and associated works at Land adjacent to 103 Lothian Street, Bonnyrigg in accordance with the application and the following documents/drawings: Document/Drawing. Drawing No/Scale Dated Location Plan 10464 02 1:1250 25.01.2024 Site Plan 10464 02 1:100 25.01.2024 The reason for the Council's decision are set out below: The proposal would result in the loss of an attractive area of landscaped open space which adds interest and enhances the appearance of the surrounding area and is visually important on this main road in to the centre of Bonnyrigg and at the entrance to Waverley Crescent providing an amenity for both residents and passersby. The loss of this open space to a car park would detract from this and the open character of the area with a significant detrimental impact on the visual amenity of the surrounding area, contrary to policies 14 of NPF4 and DEV2 of the adopted Midlothian Local Development Plan 2017 which seek to protect the amenity of the surrounding area. Dated 24 / 4 / 2024 …………………………….. Duncan Robertson Lead Officer – Local Developments Fairfield House, 8 Lothian Road, Dalkeith, EH22 3ZN Appendix D Page 87 of 114
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Any Planning Enquiries should be directed to: Planning and Local Authority Liaison Direct Telephone: 01623 637 119 (Planning Enquiries) 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 coal mining features at surface or shallow depth. These features may include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and former surface mining sites. Although such features are seldom readily visible, they can often be present and problems can occur, particularly as a result of new development taking place. Any form of development over or within the influencing distance of a mine entry can be dangerous and raises significant land stability and public safety risks. As a general precautionary principle, the 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: www.gov.uk/government/publications/building-on-or-within-the-influencing-distance- of-mine-entries Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a 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 88 of 114
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Local Review Body Monday 23 September 2024 Item No 5.3 Notice of Review: West Church, 14 Old Edinburgh Road, Dalkeith 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’ to vary condition 1 of planning permission 334/94 at West Church, 14 Old Edinburgh Road, Dalkeith. 2 Background 2.1 Planning application 334/94 for the change of use of church and church hall to industrial premises and minor alterations to the church was granted planning permission subject to a condition restricting the uses of the building and grounds (condition 1): 1. The use hereby permitted shall be restricted to use of the Church for specialist joinery work and cabinetmaking and for no other purposes within Class 4 or other classes of the Schedule of the Town and Country (Use Classes) (Scotland) Order 1989. Reason: To allow the planning authority to retain effective control over the future use of the premises in the interests of preventing any change of use which might detract from the character and amenity of the area or this building. 2.2 Planning application 24/00220/S42 to vary condition 1 of planning permission 334/94, to allow events and weddings in the building and grounds was refused planning permission on 24 May 2024; a copy of the decision is attached to this report. The applicant has advised that the proposed development ‘may’ include the erection of a marquee, between 50 and 150 guests per event and would operate outwith the working hours of the joinery and cabinetmaking business (i.e. evenings and weekends). 2.3 A Section 42 application, is in itself, a planning application - a particular kind of planning application for development without complying with or amending the condition/s previously imposed on an earlier grant of planning permission. A grant of planning permission under Section 42 results in an entirely new planning permission which will supersede the original permission if implemented. Therefore, if planning permission is granted for this application it will supersede planning permission 334/94 if implemented. Page 91 of 114
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2.4 Although a Section 42 application is a new planning application in law the Act states “on such an application the planning authority shall consider only the question of the conditions subject to which planning permission should be granted”. The principle, layout and form of development are not subject to assessment. Planning authorities should attach to the new permission all of those conditions from the previous permission, where it is intended these should still apply. In this case the conditions attached to the earlier permission have been either discharged or would no longer be appropriate if planning permission is granted for an events business at the site. 2.5 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 plan identifying the properties of the local objectors (Appendix AA); • 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, issued on 24 May 2024 (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: • 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 five consultation responses, and 49 representations received (45 objections and four supporting). As part of the review process the interested parties were notified of the review – 19 additional comments have been received, all objecting/continuing their objection to the application (six of these additional representations are from representors who did not object to the planning application prior to the review and 13 reinforcing/ supplementing their original objection). All comments can be viewed online on the electronic planning application case file. 4.3 The next stage in the process is for the LRB to determine the review in accordance with the agreed procedure: Page 92 of 114
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• Identify any provisions of the development plan which are relevant to the decision; • Interpret them carefully, looking at the aims and objectives of the plan as well as detailed wording of policies; • Consider whether or not the proposal accords with the development plan; • Identify and consider relevant material considerations for and against the proposal; • Assess whether these considerations warrant a departure from the development plan; and • State the reason/s for the decision and state any conditions required if planning permission is granted. 4.4 In reaching a decision on the case the planning advisor can advise on appropriate phraseology and on appropriate planning reasons for reaching a decision. 4.5 Following the determination of the review the planning advisor will prepare a decision notice for issuing through the Chair of the LRB. A copy of the decision notice will be reported back to the LRB for noting. 4.6 A copy of the LRB decision will be placed on the planning authority’s planning register and made available for inspection online. 5 Conditions 5.1 In accordance with the procedures agreed by the LRB at its meeting of 20 June 2022, and without prejudice to the determination of the review, the following condition has been prepared for the consideration of the LRB if it is minded to uphold the review and grant planning permission. 1. The development to which this permission relates shall commence no later than the expiration of three years beginning with the date of this permission. Reason: To accord with the provisions of Section 58 of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning (Scotland) Act 2019). 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: 13 September 2024 Report Contact: Mhairi-Anne Cowie – Planning Officer Mhairi-Anne.Cowie@midlothian.gov.uk Background Papers: Planning application 24/00220/S42 available for inspection online. Page 93 of 114
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N Midlothian Council Fairfield House 8 Lothian Road Dalkeith, EH22 3AA Reproduced from the Ordnance Survey map with the permission of the controller of Her Majesty's Stationary Office. Crown copyright reserved. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Planning Service Place Directorate Midlothian Council Licence No. AC0000811376 (2024) Section 42 application to amend condition 1 of planning permission 334/94 West Church, 14 Old Edinburgh Road, Dalkeith File No. 24/00220/S42 Scale 1:750 Appendix A Page 94 of 114
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N 24/00220/S42 Representors Application Boundary© Crown copyright and database right (2024). All rights reserved. Ordnance Survey Licence Number AC0000811376. Appendix AA Page 95 of 114
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Sent: Thursday, May 30, 2024 3:06 PM To: Duty Planning Officer <dutyplanningofficer@midlothian.gov.uk> Subject: RE: Midlothian Council Planning - 24/00220/S42 CAUTION: This email originated from outside Midlothian Council. Do not click links or open attachments unless you recognise the sender and know the content is safe. Hi Jade I have already appealed this through the portal and it went to the Scottish Government?? They have rejected it and now its to go to the Local Review Body–which is where I wanted it to go to initially so no idea how I got that wrong. I am dyslexic and ive read the how to guides but im really not understanding how I can get the form you attached onto the portal without having to type it all out again. Im so sorry but is there anyway you can help. I have attached the completed form. Thank you Mark From: Duty Planning Officer <dutyplanningofficer@midlothian.gov.uk> Sent: Thursday, May 30, 2024 1:34 PM Subject: Midlothian Council Planning - 24/00220/S42 Dear Mr Ivinson, I am writing to you in regards to the appeal received for the below application. 24/00220/S42 Section 42 application to amend condition 1 of planning permission 334/94 West Church, 14 Old Edinburgh Road, Dalkeith Your application was dealt with under delegated powers and so any review of the decision would be by the Local Review Body (LRB) (this is an internal group made up of local councillors). In order for the review to be considered you need to submit a notice of review form within three months of the decision notice. Please see attached or the link below for the Notice of Review process: Planning appeals and the local review body | Midlothian Council I trust this is of assistance. Kind regards, Jade Macmillan Research and Information Officer (On behalf of duty officer) Page 100 of 114
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Planning, Sustainable Growth and Investment Service Place Directorate Midlothian Council Email: dutyplanningofficer@midlothian.gov.uk Web: Midlothian Council Homepage We are reviewing the Midlothian Local Development Plan Midlothian Local Development Plan 2 | Development plans and policies | Midlothian Council If you have any questions about the review, or would like to be added to our MLDP2 mailing list, please email LDP@midlothian.gov.uk The information contained in this message may be confidential or legally privileged and is intended for the addressee only. If you have received this message in error or there are any problems please notify the originator immediately. If you are not the intended recipient you should not use, disclose, distribute, copy, print, or reply on this e-mail. All communication sent to or from Midlothian Council may be subject to recording and/or monitoring in accordance with relevant legislation. Page 101 of 114
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MIDLOTHIAN COUNCIL DEVELOPMENT MANAGEMENT PLANNING APPLICATION DELEGATED WORKSHEET: Planning Application Reference: 24/00220/S42 Site Address: West Church, 14 Old Edinburgh Road, Dalkeith. Site Description: The application site relates to a category B listed building and associated land. The building is an early English gothic church finished in a natural stone with slate roofing. The building was historically used as a church and is now a class 4 use as a joinery business. The application site is located within the Eskbank and Ironmills Conservation Area and Dalkeith Town Centre. There are residential properties to the north and south, a public car park to the west and a graveyard to the east. Proposed Development: Section 42 application to amend condition 1 of planning permission 334/94. Proposed Development Details: It is proposed to amend condition 1 of planning permission 334/94 (Change of use of church and church hall to industrial premises and minor alterations to the church) which reads as follows: 1. The use hereby permitted shall be restricted to use of the Church for specialist joinery work and cabinetmaking for no other purposes within Class 4 or other classes of the Schedule of the Town and Country (Use Classes)(Scotland) Order 1989. Reason: To allow the Planning Authority to retain effective control over the future use of the premises in the interests of preventing any change of use which might detract from the character and amenity of the area or this building. The application form states it is proposed to allow the use of the former church and grounds for events and weddings while maintaining the existing use of specialist joinery and cabinetmaking and offices. No alterations to the access are proposed. Parking will remain as existing with 8 spaces on site. No new drainage arrangements are proposed. The site will connect to private water supply rather than the public water supply/network. Background (Previous Applications, Supporting Documents, Development Briefs): Application site 23/00625/DPP Formation of new access, erection of gates and associated works. Permitted. 23/00039/LBC Internal alterations including; formation of additional offices and toilets; and relocation of painting booth. Permitted. Appendix C Page 102 of 114
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17/00893/WTT Pruning of trees within the Eskbank and Ironmills conservation area. Granted with conditions. 06/00288/LBC Installation of four telecommunications antennae behind replica louvres, internal alterations associated with the installation of equipment cabinets and installation of external meter cabinet. Consent with conditions. 26/00287/FUL Installation of four telecommunications antennae behind replica louvres, internal alterations associated with the installation of equipment cabinets and installation of external meter cabinet. Consent with conditions. 03/00465/LBC Internal Alterations to create workshop and office. Consent with conditions. 334/94/FUL Change of use of church and church hall to industrial premises and minor alterations to the church. Consent with conditions – including restriction of use; details of loading bay; details of fences and walls; details of landscaping, implementation and replanting; details of mechanical extraction system; no trees to be lopped, topped or felled without permission; alteration to vehicular access to be agreed with the Council; no industrial operations to be carried out outwith the Church; no products, materials or waste stored outwith the Church; limits of noise during particular hours; use of the Church Hall restricted to storage and office purposes for the authorised use of the Church and/or for domestic storage associated with the Manse; the permission for uses of the Church Hall shall enure for the benefit of the applicant and his company only and limited to the duration of the applicant’s occupation of the Manse. Consultations: The Dalkeith and District Community Council object on the following grounds: - It is very unsatisfactory that the application does not contain any detail of how the proposed events use would operate, including hours of operation, how often events would take place, number of guests, if a marquee is proposed; - Noise impact to the surrounding area; - Only condition 1 of 334/94 is proposed to be amended and not conditions 9 and 10 which relate to noise. It would not be possible to hold events in a marquee and comply with these conditions. The reason for these conditions remain relevant; - Removing condition 1 would not comply with policy ENV18 and have a significant detrimental impact on the surrounding area; - There is limited space within the church to hold events so these will likely take place in a marquee; - An events venue is a significant change in the setting of this historically important listed building and so is contrary to Policy ENV22. While there may be no physical alteration to the church building, a marquee in the grounds on a semi permanent basis will affect the appearance. Given the prominent position the former church and grounds have in the Dalkeith townscape, the marquee would be very obvious to all those approaching the town from the north and would not enhance the vista; - The above also applies to the impact of the proposal to the surrounding conservation area; - There is no detail of toilet facilities for the event use; Page 103 of 114
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- Impact on wildlife in the surrounding area. It is understood there is a colony of bats in the church; and - Concerns over road safety as the vehicular access to the site might cause issues for drivers who are not used to it as there are restricted sight lines, usually cars parked on Old Edinburgh Road and a bus stop directly opposite. The Council’s Senior Manager Neighbourhood Services (Roads) was consulted but did not respond. The Council’s Protective Services Manager notes it is not clear from the information submitted where the events are to be located. While it may be feasible to hold events within the building without causing intrusive noise issues for nearby residents resulting from music, functions within the grounds will negatively impact on nearby residential amenity. Even if functions are held within the former church building, noise sources other than music, such as guests within the grounds, disposal of bottles from functions into bins, vehicle movements and reversing alarms are likely to cause issues. For these reasons and the proximity of neighbouring residential properties to the former church, they consider the premises unsuitable for use as an events venue and recommend refusal of the application. They also make comment on the use of a private water supply as stated on the application form. Scottish Water has no objection. The Council’s Biodiversity Consultant considers that the proposals does not impact biodiversity. Representations: Forty-one representations have been received, 4 supporting and forty-five objecting to the proposal. Some representors have made more than one comment: The supporting comments are as follows: - The proposal will bring economic benefits to the community; - The proposal will bring much needed employment to the area; - People do not drive to weddings but use public transport or taxis; - In terms of impact on wildlife, any marquee would be erected on turf. If there were bats at the site, these will already be affected by noise from the joinery use during the day; - There are no proposed external alterations so the fact the church is listed is irrelevant; - There is unlikely to be a significant increase in litter; - There are several licenced premisses in the area and the introduction of an events venue playing music once or twice a month does not constitute a material concern; - The creation of a new wedding venue would be good to give people a more affordable option; - The proposal will breathe new life into this historic building; - The events will surely be managed with respect for the venue and local residents; - The proposal presents an opportunity to celebrate local heritage in a way that actively includes and benefits the community; and Page 104 of 114
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- Similar events venues in residential areas do not have a detrimental impact on the amenity of local residents in terms of noise or parking. The objections are as follows: - The proposal is contrary to MLDP policies ENV15, ENV18, ENV19 and ENV22, as well as a Planning Advice Note and Environmental Noise Regulations; - There is a lack of information submitted with the application; - If condition 1 is changed then the remainder of other conditions attached to 334/94 will be in breach; - Condition 1 was attached to allow the Planning Authority to retain effective control over the future use of the premises in the interest of preventing any change of use which might detract from the character and amenity of the area or this building. The need for this condition has not changed. The character and amenity of the area and this building has been maintained while allowing a joinery business to operate here successfully; - Other conditions on 334/94 would need to be amended to allow an events use at this site; - Events cannot be held in the church as this is in use as a joinery workshop; - The continued use of the church as a workshop implies events would take place outside which would significantly affect nearby properties; - The proposed events use is not ancillary to a joinery; - The site backs onto residential houses and gardens which would be significantly affected by the proposed use; - Loss of privacy and security to nearby properties given the elevated position of the church and grounds; - Noise and disturbance to surrounding residents and properties from guests, amplified music, fireworks, PA systems, setting up/clearing events and vehicles associated with the events use; - The events use will bring noise at antisocial hours; - The events use would decrease the quality of life of the surrounding area; - As the church and grounds are B listed and within a conservation area, these changes should not be allowed and the proposed use is not compatible with an events venue; - The proposal would adversely affect the character and appearance of the B listed building; - The proposal would adversely affect the character and appearance of the church and is contrary to the policy relating to conservation areas; - The applicant has confirmed to local residents that a marquee would be erected and an alcohol licence applied for; - Concerns over use of a marquee or other structures within the site as these would detrimentally affect the surrounding conservation area and setting of the listed building; - Concerns over security issues and vandalism if a marquee is on site when the site is empty; - A marquee is a significant threat to the environment through inefficiency in heating and ventilation which leads to excessive greenhouse gas emissions. This is a temporary structure made of unrecyclable plastic and so significantly contributes to environmental degradation. Marquees are not designed to Page 105 of 114
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withstand the weather for an extended period of time and will eventually end up in a landfill. The lack of sustainability is contrary to NPF4; - If a marquee is used, this will not mitigate noise to the surrounding area; - Concern that parking associated with events will exacerbate an existing problem in the area; - Safety of pedestrians in the area as the entrance to the church and grounds is almost hidden; - There are a number or protected trees within the site which would likely to be lost if a marquee is proposed; - The surrounding trees would be detrimentally affected by servicing works; - Light pollution from outdoor/disco lighting; - Increase in litter in the area which is already poorly served by litter bins; - Concern over drainage and how this will affect the site and area; - Impact on wildlife, particularly bats, hedgehogs, owls, deer and nesting birds; - The proposal appears to be an attempt to turn the church in to a pub/wedding venue; - The proposed events use has not already taken place as stated on the application form; - Suggestions of required consultees; - The potential for antisocial behaviour; - The application site boundary overlaps to neighbouring properties; - Disappointment that there was no discussion with local residents before the application was submitted; - Dalkeith does not need another licenced premises; - Comments over the low number of people notified as the proposal would affect a much larger area; - Lack of site notice erected at the site; - The proposed events use would reduce property values in the area; - There are a number of events venues in the area already; - The proposal will have a limited impact on employment in the area; - The proposal is disrespectful given the graveyards in the area with funerals regularly held there. Also churches are places for solemn ceremony; - There are health and safety concerns over toilet facilities and ground levels in the area meaning there is a significant drop from the site to Old Edinburgh Road and Mitchell Street; - Serving food at the site and resultant waste could attract vermin and other wild animals; - None of the representors supporting the proposal are local residents; and - The financial benefits of the church being used as an events venue does not justify the damage it would do to the character and meaning of the church. 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; Page 106 of 114
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- 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 6 Forestry, woodland and trees; sets out to protect and expand forests, woodland and trees. - Policy 7 Historic assets and places; sets out to protect and enhance historic environment assets and places, and to enable positive change as a catalyst for the regeneration of places. - Policy 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 23 Health and Safety; sets out to protect people and places from environmental harm, mitigate risks arising from safety hazards and encourage, promote and facilitate development that improves health and wellbeing. - Policy 26 Business and industry; sets out to encourage, promote and facilitate business and industry uses and to enable alternative ways of working such as home working, live-work units and micro-businesses. - Policy 27 City, town, local and commercial centres; sets out to encourage, promote and facilitate development in our city and town centres, recognising they are a national asset. This will be achieved by applying the Town Centre First approach to help centres adapt positively to long-term economic, environmental and societal changes, and by encouraging town centre living. The relevant policies of the 2017 Midlothian Local Development Plan are; DEV2 Protecting Amenity within the Built-Up Area advises that development will not be permitted where it is likely to detract materially from the existing character or amenity of the area; TRAN5 Electric Vehicle Charging seeks to support and promote the development of a network of electric vehicle charging stations by requiring provision to be considered as an integral part of any new development or redevelopment proposals; TCR1 Town Centres states proposals for retail, commercial leisure development or other uses which will attract significant numbers of people, will be supported in Midlothian’s town centres, provided their scale and function is consistent with the town centre’s role, as set out in the network of centres and subject to the amenity of neighbouring uses being preserved. The conversion of ground level retail space to residential uses will not be permitted. Residential units at ground floor level in retail units will not be permitted but the conversion of upper floors to housing and the formation of new residential space above ground-level structures in town centres is supported. In support of this policy the Council has prepared supplementary guidance on food and drink and other non-retail uses in town centres; this guidance will also include guidance in respect of food and drink and hot food takeaways outwith town centres; Page 107 of 114
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ENV11 Woodland, Trees and Hedges states that development will not be permitted where it could lead directly or indirectly to the loss of, or damage to, woodland, groups of trees 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 are other importance; ENV18 Noise states that the Council will seek to prevent noisy developments from damaging residential amenity or disturbing noise sensitive uses. Where new developments with the potential to create significant noise are proposed, these may be refused or required to be modified so that no unacceptable impact at sensitive receptors is generated. Applicants may be required to carry out a noise impact assessment either as part of an Environmental Impact Assessment or separately. Where new noise sensitive uses are proposed in the locality of existing noisy uses, the Council will seek to ensure that the function of the established operation is not adversely affected; ENV19 Conservation Areas states within or adjacent to conservation areas, development will not be permitted which would have any adverse effect on its character and appearance. In the selection of site, scale, choice of materials and details of design, it will be ensured that new buildings preserve or enhance the character and appearance of the conservation area. Traditional natural materials appropriate to the locality or building affected will be used in new buildings; and ENV22 Listed Buildings states that development will not be permitted where it would adversely affect the character or appearance of a Listed Building; its setting; or any feature of special, architectural or historic interest. 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 application as submitted only includes limited information, in that it is proposed to allow the use of the former church and grounds for events and weddings while maintaining the existing use of specialist joinery and cabinetmaking and offices. It is only proposed to amend condition one on planning permission 334/94 to allow this use. It is not proposed to change any other conditions attached to this permission, which includes restrictions on hours of operation and noise from the site. The case officer contacted the applicant to inform them that the application as submitted is not the right type of application to allow them to secure planning permission for the proposed events use. The appropriate application is for a change of use from joinery to a mixed use operation of a joinery and events venue. The applicant was asked to clarify if they wished to proceed with the application as submitted or withdraw and submit a new application for a change of use. The case officer asked for additional information should the application proceed, including: hours and frequency of events; number of guests; details of parking; noise mitigation measures; if a marquee or other structure is proposed; proposed layout; and areas where guests can access. The applicant did not respond to this contact, therefore the application is being assessed on the basis of the information submitted only. Page 108 of 114
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The applicant was asked to submit details of how the proposal has considered NPF4 policies. No information has been submitted to demonstrate that this application given consideration to the global nature crisis. The application site is within a town centre which is a broadly sustainable location with good public transport links. These factors help address issues regarding climate change. Given this, the proposal is unlikely to have an adverse impact on sustainability or biodiversity. The application site is within the built up area and Dalkeith Town Centre, where there is a presumption in favour of development where this does not have a material detrimental impact on the existing character or amenity of the area. Town centre locations can be appropriate for a wide variety of commercial uses, again provided these will not undermine the character and amenity of the area. The site is at the northern edge of the town centre and the residential properties immediately adjacent to the north are outwith the town centre. The residential properties to the south are within the town centre. Due to position of the site and the proposed events use there is potential for this to have a significant detrimental impact on the amenity of nearby residents and the surrounding area, through noise and disturbance, parking and road safety. The events use would take place within the former church building and associated grounds, however it is not clear what areas of the associated grounds and to what extent. It may be possible that events could be held within the former church building without causing intrusive noise issues for nearby residents resulting from associated music, however this is very difficult to assess based on the information submitted. Due to the proximity of the site to residential properties, any events within the grounds would have a significant detrimental impact on the amenity of surrounding residents in terms of noise and disturbance. Also noise from guests accessing and leaving the site, guests within the grounds, setting up and tidying up the site, vehicle movements and reversing alarms are likely to have a significant detrimental impact on the area. Depending on the extent of events use in the gardens, there may be an adverse impact on the privacy of adjacent residential properties through overlooking. While there is landscaping around all boundaries at present, with the exception of trees this could be removed to accommodate the events use and create overlooking from the site to surrounding properties. The application form states there are 8 parking spaces existing and proposed at the site. This seems a relatively small amount for an event use. Representors have stated the proposal would exacerbate existing parking issues in the area. The site is adjacent to a public car park, is well served by public transport and there is on-street parking in the wider town centre area. The transportation consultant has not raised any road safety or parking concerns. Given this, lack of parking would not be a reason for refusal. As the proposal is purely for an events use and no external alterations or related structures, there would be no change to the character or appearance of the listed building or conservation area as comparted to the existing situation. Page 109 of 114
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As the proposal is purely for an events use and no external alterations, related structures or works, there would be no impact on protected trees within the site. Had the proposal included a marquee, other structures or service provisions, such as electricity supply and related groundworks, this may have had an impact on the trees and so additional information would have been required to fully assess this. The Council’s Biodiversity consultant did not require any ecology reports and did not consider that protected species would be affected by the proposal as submitted. Had the application included external alterations to the building, the installation of a marquee or removal of trees, protected species surveys may have been required. Representors have commented there are bats within the church building. However this is already in active use as a joinery workshop and related offices. The proposed events use would not be significantly different to the existing situation in terms of impact on bats. There may be some impact on the amenity of the surrounding residential properties from light associated with the use however this is difficult to assess given the information submitted. Should the events use be supported, it would be possible to limit external lighting. The application form states the proposal would connect to a private water supply. The site is within Dalkeith town centre where there is public water supply and Scottish Water has confirmed they have no objection to the proposal. The Protective Services team are not aware of any private water supplies in the centre of Dalkeith and suggest it may be that water is connected through a private pipe, such as one that Scottish Water has not adopted, but the supply is still mains water. It is highly unlikely that the water supply is private and it is expected that the public water supply would be used. However confirmation of this would be required should this use be supported. If this is the case, further information is required from the applicant to satisfy the Protected Services team that this is acceptable. No new drainage works are proposed. The proposal as submitted did not include details for a marquee at the site. It is noted that representors state the applicant has confirmed with them this is proposed. However as the application did not include proposals for a marquee, this is not being assessed. Had a marquee been proposed, its impact on the setting of the listed building and character and appearance of the conservation area, trees and noise would have been considered. The following addresses representor comments not addressed above. Neighbour notification was carried out in line with the relevant regulations and requirements. A site notice was not required to be installed at the site. Commenting on an application is not restricted to local residents only and anyone can make comment on an application. The application site boundary matches previous applications here and the application forms states this is owned by the applicant. Page 110 of 114
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While it could be useful, there is no obligation for applicants to discuss a proposal of this scale with local residents before submitting an application. It is not clear why the proposed events use would increase litter to the surrounding area. This is not a reason to refuse the proposal. The impact on property prices is not a material planning consideration, nor is the security of the site or health and safety concerns. Alcohol licence applications are separate to the planning process and would be considered by the Licencing section. Potential for antisocial behaviour is not a material planning consideration but a matter for the police. Potential for vermin as a result from food preparation is not a material planning consideration but a matter for the Environmental Health team. The application is seriously deficient in the information required to be submitted for assessment for this type of proposal. There has been no communication from the applicant. In addition, the type of application submitted, even if approved, would not secure permission for what the applicant wants to do on site. Recommendation: Refuse planning permission. Page 111 of 114
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Refusal of Planning Permission Town and Country Planning (Scotland) Act 1997 Reg. No. 24/00220/S42 Mr Mark Ivinson 14 Old Edinburgh Road Dalkeith EH22 1JD Midlothian Council, as Planning Authority, having considered the application by Mr Mark Ivinson, 14 Old Edinburgh Road, Dalkeith, EH22 1JD, which was registered on 27 March 2024 in pursuance of their powers under the above Acts, hereby refuse permission to carry out the following proposed development: Section 42 application to amend condition 1 of planning permission 334/94 at West Church, 14 Old Edinburgh Road, Dalkeith, EH22 1JD in accordance with the application and the following documents/drawings: Document/Drawing. Drawing No/Scale Dated Location Plan, Site Plan W140E/1250/01 1:1250 1:500 27.03.2024 The reason for the Council's decision are set out below: 1. It has not been demonstrated to the satisfaction of the planning authority that the proposed events use would not have a serious and significant adverse impact on the amenity of surrounding residential properties as a result of noise and disturbance and so does not comply with policies DEV2 and ENV18 of the adopted Midlothian Local Development Plan 2017 and policies 14 and 23 of National Planning Framework 4. Dated 24 / 5 / 2024 …………………………….. Duncan Robertson Lead Officer – Local Developments Fairfield House, 8 Lothian Road, Dalkeith, EH22 3ZN Appendix D Page 112 of 114
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Any Planning Enquiries should be directed to: Planning and Local Authority Liaison Direct Telephone: 01623 637 119 (Planning Enquiries) 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 coal mining features at surface or shallow depth. These features may include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and former surface mining sites. Although such features are seldom readily visible, they can often be present and problems can occur, particularly as a result of new development taking place. Any form of development over or within the influencing distance of a mine entry can be dangerous and raises significant land stability and public safety risks. As a general precautionary principle, the 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: www.gov.uk/government/publications/building-on-or-within-the-influencing-distance- of-mine-entries Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a 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 113 of 114
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