Agenda Document Pack - Local Review Body - 13/11/2024
Midlothian Council · 13 November 2024
Back to Local Review Body — 13 November 2024 and its agenda
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Notice of Meeting and Agenda Local Review Body Venue: Council Chambers/Hybrid, Midlothian House, Dalkeith, EH22 1DN Date: Wednesday, 13 November 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 64
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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 23 September 2024 Submitted for approval 3 - 8 5 Public Reports Notice of Reviews - Determination Reports by Chief Officer Place 5.1 24/00346/DPP – 53 Chesters View, Bonnyrigg (hearing – oral representations will be made at the meeting) 9 - 26 5.2 24/00206/S42 – Melville Castle, Lasswade (written submissions – no oral representations at the meeting) 27 - 64 6 Private Reports No items for discussion 7 Date of Next Meeting Plans and papers relating to the applications on this agenda can also be viewed at https://planning-applications.midlothian.gov.uk/OnlinePlanning The next meeting will be held on Monday 16 December 2024 at 1pm. Page 2 of 64
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Minute of Meeting Local Review Body Date Time Venue Monday 23 September 2024 1.00pm Council Chambers/Hybrid Present: Councillor Smaill (Chair) Councillor Alexander Councillor McEwan Councillor McManus In Attendance: Peter Arnsdorf Planning, Sustainable Growth and Investment Manager Derek Oliver Chief Officer Place Maria Perez Democratic Services Officer Iina Jaara Democratic Services Team Leader Local Review Body Wednesday, 13 November 2024 Item No 4.1 Page 3 of 64
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1 Welcome, Introductions and Apologies The Democratic Services Officer welcomed everyone and noted that apologies had been received from Councillor Virgo and from Councillor Imrie who was due to chair this meeting. In Councillor Imrie’s absence the committee was asked to appoint a Chair. Councillor McManus proposed Councillor Smaill to chair the meeting. Councillors Alexander and McEwan seconded this proposal. 2 Order of Business The Planning, Sustainable Growth and Investment Manager noted that there was a change to the order of business since the submission of the agenda. Item 5.3 on the agenda (review of planning permission application, 24/00220/S42, West Church 14 Old Edinburgh Road Dalkeith) has been deferred until the next meeting of the Local Review Body meeting, due to take place on 11 November 2024 (subsequently rescheduled to 13 November 2024). Correspondence will be issued to all interested parties to notify of the change. A number of members of the public were in attendance and expressed their disappointment at this deferral. The Planning, Sustainable Growth and Investment Manager explained that it is at the discretion of the Local Review Body to defer a review if appropriate to do so. In this case the applicant’s request a change to the review procedure from written submissions to a hearing which would trigger a deferral to give all interested parties the opportunity to make representations to the Local Review Body. The Chair asked the interested parties in attendance to notify the Council of their objections in writing, or to contact their local councillor. The Chair offered the members of the public the chance to make a short statement but explained that as the applicant was not in attendance, this statement could not be officially noted in the record as a representation. A member of the public pointed out that the date of the next Local Review Board coincides with Remembrance Day. The Chair advised that this would be noted for the record and thanked the interested parties for their attendance (the next meeting of the Local Review Body has subsequently been rescheduled to 13 November 2024). 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 17 June 2024 was submitted and approved as a correct record. Page 4 of 64
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5 Reports Notice of Reviews – Determination Reports by Chief Officer Place Agenda No Report Title Presented by: 5.1 24/00059/PPP Land east of 2 Newlandrig, Gorebridge Planning, Sustainable Growth and Investment Manager Outline of report and summary of discussion The Planning, Sustainable Growth and Investment Manager presented the report. The purpose of this report is to provide a framework for the Local Review Body (LRB) to consider a ‘Notice of Review’ for planning permission in principle for the temporary siting (for five years) of a mobile home on land east of 2 Newlandrig, Gorebridge. Planning application 24/00059/PPP was refused planning permission on 26 April 2024. It was noted that elected members attended a site visit on the morning of 23 September 2024. The Chair thanked the Planning, Sustainable Growth and Investment Manager for the report and advised the applicant of the hearing process that will follow. Mr Dickinson (applicant) referred to the report stating he had met all planning requirements set out. The applicant explained that he wished to invest in biodiversity and that his farm is a viable business that will positively contribute to the local community. Building a temporary home will enable the development of the farm - eradication of pesticides, paying off farm related debt and remove the need for the applicant to commute to his current job and thus reduce carbon emissions. The applicant addressed two of the grounds for refusal. In terms of the planning officer stating the farm is not a viable business, the applicant noted they had submitted accounts showing a profit. In terms of the claim that the location is not sustainable, he noted that the location of the proposed site is not a conservation area and that the impact would be minimal in terms of waste and intrusiveness. The Planning Officer explained the reasons why planning permission had not been refused. The Planning Officer noted that as per the relevant policy housing in the countryside is only permissible if necessitated to support a rural business and deemed an essential place for the worker to reside. In this application the planning department is not satisfied that the need for the applicant to reside at the farm has been proven. The Planning Officer added that policy dictates that any new development should be at a maximum of one mile from essential services and the site does not meet this criterion proving its unsuitable location. While supportive of the applicant’s business model, the Planning Officer expressed doubts that the business is viable enough to support a house at this point in time Councillor Alexander asked if the site has access to all utilities and waste management facilities, and if the unit is an eco-friendly building. The applicant advised Page 5 of 64
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that the house is a timber framed structure which does not require concrete foundations. The site has no need for major infrastructure as it already has water mains and electricity. Councillor Alexander asked the applicant about plans to expand the business. The applicant explained that he has plans to increase existing production and diversify by starting production of other organic and pasture-based products. Councillor McManus noted that there may be a gap in policy in terms of sustainable farming and welcomed the interest from local farmers to go into the sector. The Planning Officer advised that there are many policies in the national planning framework that support farm diversification but none that are specifically related to sustainable farming. Councillor McEwan noted that the purpose of this discussion was not to demonstrate whether the applicant’s business model is viable or not. Councillor McEwan welcomed the application and noted its merits. The Chair noted that the planning application would only be for a 5-year period and after that time if the home was to remain it would be subject to a new planning application. The applicant acknowledged this. Councillor’s McManus, Alexander and McEwan moved to uphold the review presented by the applicant. The Chair confirmed that it is the will of the Local Review Board to overturn the original planning decision and grant planning permission. Decision The Local Review Body agreed to uphold the review and granted planning permission 24/00059/PPP subject to the conditions stated in the report. Action The Planning, Sustainable Growth and Investment Manager to prepare a decision notice for issuing through the Chair of the LRB. Agenda No Report Title Presented by: 5.2 24/00062/DPP Land adjacent 103 Lothian Street, Bonnyrigg Planning, Sustainable Growth and Investment Manager Outline of report and summary of discussion The Planning, Sustainable Growth and Investment Manager presented the report. Page 6 of 64
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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 a car park and associated works at land adjacent 103 Lothian Street, Bonnyrigg. Planning application 24/00062/DPP was refused on 24 April 2024. It was noted that elected members attended a site visit on the morning of 23 September 2024. The land is currently owned by the Council, and the applicant wants permission to change its use into a car park. If planning permission is granted elected members would need to make a decision regarding the ownership/lease of the land by way of a separate process to this review. The Chair thanked the Planning, Sustainable Growth and Investment Manager for the report and noted that there would be no oral representations for the review. Councillor McManus advised he is satisfied that turning this area into a car park would be of clear benefit to local residents and moved to support the review. Councillor McEwan moved to support the review and noted that the application demonstrates the local company has a commitment to Midlothian and that the development would also alleviate some of the parking issues in the area. Councillor Alexander moved to support the review, but requested the boundary walls of adjoining properties are protected. The Chair agreed that the issue of protective boundaries would require further discussion with the Planning Service. The Planning, Sustainable Growth and Investment Manager advised the conditions set out in the report can address this issue. The Chair confirmed that it is the will of the Local Review Board to overturn the original planning decision and grant planning permission. Decision The Local Review Body agreed to uphold the review and granted planning permission 24/00062/DPP subject to the conditions stated in the report. Action The Planning, Sustainable Growth and Investment Manager to prepare a decision notice for issuing through the Chair of the LRB. Agenda No Report Title Presented by: Page 7 of 64
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5.3 24/00220/S42 West Church 14 Old Edinburgh Road, Dalkeith Planning, Sustainable Growth and Investment Manager Outline of report and summary of discussion This item was deferred until the next Local Review Body meeting. Decision This item was deferred until the next Local Review Body meeting. Action The Planning, Sustainable Growth and Investment Manager to submit this item for the agenda of the next Local Review Body meeting. 6. Private Reports No private business was discussed. 7. Date of Next Meeting The date of the next meeting is to be confirmed, as the proposed date of 11 November 2024 coincides with Remembrance Day - the next meeting of the Local Review Body has subsequently been rescheduled to 13 November 2024. The meeting terminated at 13.45 pm Page 8 of 64
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Local Review Body Wednesday 13 November 2024 Item No 5.1 Notice of Review: 53 Chesters View, 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 erection of a 1.8m high fence to side and rear (retrospective) at 53 Chesters View, Bonnyrigg. 2 Background 2.1 Planning application 24/00346/DPP for the erection of 1.8m high fence to side and rear (retrospective) at 53 Chesters View, Bonnyrigg was refused planning permission on 9 August 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); and • A copy of the decision notice, excluding the standard advisory notes, issued on 9 August 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: Page 9 of 64
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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 no consultations required and three representations received. As part of the review process the interested parties were notified of the review. Two additional comments have been received reaffirming their objection to the application. All comments can be viewed online on the electronic planning application case file. 4.3 The next stage in the process is for the LRB to determine the review in accordance with the agreed procedure: • Identify any provisions of the development plan which are relevant to the decision; • Interpret them carefully, looking at the aims and objectives of the plan as well as detailed wording of policies; • Consider whether or not the proposal accords with the development plan; • Identify and consider relevant material considerations for and against the proposal; • Assess whether these considerations warrant a departure from the development plan; and • State the reason/s for the decision and state any conditions required if planning permission is granted. 4.4 In reaching a decision on the case the planning advisor can advise on appropriate phraseology and on appropriate planning reasons for reaching a decision. 4.5 Following the determination of the review the planning advisor will prepare a decision notice for issuing through the Chair of the LRB. A copy of the decision notice will be reported back to the LRB for noting. 4.6 A copy of the LRB decision will be placed on the planning authority’s planning register and made available for inspection online. 5 Conditions/Enforcement 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. Within 3 months of the date of this decision notice, the fence shall be stained in a dark grey, dark brown or dark green colour. Reason: To ensure the fence is in keeping with the surrounding area. 5.2 If the LRB dismisses the review, the unauthorised fence will need to be removed or amended (reduced to 1m in height or repositioned) to be permitted development. In this case the applicant will be asked to Page 10 of 64
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comply with this requirement within two months of the LRB decision. However, the failure to take action to remedy the breach of planning control will result in the Council having to consider issuing an enforcement notice to resolve the breach of planning control. 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: 31 October 2024 Report Contact: Laura Kinsey, Planning Officer (Acting Up) laura.kinsey@midlothian.gov.uk Background Papers: Planning application 24/00346/DPP available for inspection online. Page 11 of 64
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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) Erection of fencing (retrospective) 53 Chesters View Bonnyrigg EH19 3PU File No. 24/00346/DPP Scale 1:450 Appendix A Page 12 of 64
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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 100686537-001 The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application. Applicant or Agent Details Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting on behalf of the applicant in connection with this application) Applicant Agent Applicant Details Please enter Applicant details Title: You must enter a Building Name or Number, or both: * Other Title: Building Name: First Name: * Building Number: Address 1 Last Name: * (Street): * Company/Organisation Address 2: Telephone Number: * Town/City: * Extension Number: Country: * Mobile Number: Postcode: * Fax Number: Email Address: * Mrs Susan Gibson 53 53 EH19 3PU United Kingdom BONNYRIGG Chesters View Appendix B Page 13 of 64
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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. 53 CHESTERS VIEW Erection of fencing (retrospective) at 53 Chester’s View, Bonnyrigg, EH19 3PU Midlothian Council BONNYRIGG EH19 3PU 664526 330651 Page 14 of 64
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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? * See supporting document I don’t believe that all the elements that I had raised were taken into consideration, given that they were not addressed in the response to the application (e.g. the age, vulnerability, security and privacy of the applicant). In addition the response indicates the boundary is up to the pavement however this is false. Supporting word document which documents my reasoning for the appeal. 24/00346/DDP 12/08/2024 04/06/2024 Page 15 of 64
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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) In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion: Can the site be clearly seen from a road or public land? * Yes No Is it possible for the site to be accessed safely and without barriers to entry? * Yes No Checklist – Application for Notice of Review Please complete the following checklist to make sure you have provided all the necessary information in support of your appeal. Failure to submit all this information may result in your appeal being deemed invalid. Have you provided the name and address of the applicant?. * Yes No Have you provided the date and reference number of the application which is the subject of this Yes No review? * If you are the agent, acting on behalf of the applicant, have you provided details of your name Yes No N/A and address and indicated whether any notice or correspondence required in connection with the review should be sent to you or the applicant? * Have you provided a statement setting out your reasons for requiring a review and by what Yes No procedure (or combination of procedures) you wish the review to be conducted? * Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review. Please attach a copy of all documents, material and evidence which you intend to rely on Yes No (e.g. plans and Drawings) which are now the subject of this review * Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice (if any) from the earlier consent. By means of inspection of the land to which the review relates Holding one or more hearing sessions on specific matters Inaccurate information was gathered at the initial inspection as it is not up to the boundary I was not informed or invited to the original planning session to articulate what was missed from the initial decision. Page 16 of 64
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Page 5 of 5 Declare – Notice of Review I/We the applicant/agent certify that this is an application for review on the grounds stated. Declaration Name: Mrs Susan Gibson Declaration Date: 04/10/2024 Page 17 of 64
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Points to consider for Fence Appeal • One of the objections was the fence was hard up to the pavement and represents as a hard boundary along the street frontage. This is factually inaccurate because there is actually a foot of grass between the fence and the pavement. • I’m disappointed that consideration has not been given to the fact that this application was to help secure the property and privacy of a woman living on her own, of pensioner age and who would be legally classified as a vulnerable individual. • In regards to the aesthetically pleasing point there are 2 elements that contradict this: - o The fence in its current position is aligned with the front fencing, to remove this now would look disjointed and out of place. o Given my age and physical ability I will not be able to continue to maintain this land given the mistreatment it receives from the passing public as it has had dog excrement in double figures on a daily basis, parts of the grass being dug up, countless discarded rubbish left on the property and used as a shortcut for those wanting to turn the corner or head to the local walking path. • The original fence stood for 32 years but earlier this year when it blew down in the high winds I took the opportunity to replace it and move it to incorporate land at the side that I was struggling to maintain. Having it within the confines of the back garden now makes it much easier for me to cut and maintain. I used the last of my saving to pay for the fence to be erected and as someone living on a Pension I don’t have the finances to move the fence to its original positon, due to high costs of living. • The height of the fence is consistent with the original fence to continue to ensure privacy in the back garden. Page 18 of 64
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Points to consider for Fence Appeal • One of the objections was the fence was hard up to the pavement and represents as a hard boundary along the street frontage. This is factually inaccurate because there is actually a foot of grass between the fence and the pavement. • I’m disappointed that consideration has not been given to the fact that this application was to help secure the property and privacy of a woman living on her own, of pensioner age and who would be legally classified as a vulnerable individual. • In regards to the aesthetically pleasing point there are 2 elements that contradict this: - o The fence in its current position is aligned with the front fencing, to remove this now would look disjointed and out of place. o Given my age and physical ability I will not be able to continue to maintain this land given the mistreatment it receives from the passing public as it has had dog excrement in double figures on a daily basis, parts of the grass being dug up, countless discarded rubbish left on the property and used as a shortcut for those wanting to turn the corner or head to the local walking path. • The original fence stood for 32 years but earlier this year when it blew down in the high winds I took the opportunity to replace it and move it to incorporate land at the side that I was struggling to maintain. Having it within the confines of the back garden now makes it much easier for me to cut and maintain. I used the last of my saving to pay for the fence to be erected and as someone living on a Pension I don’t have the finances to move the fence to its original positon, due to high costs of living. • The height of the fence is consistent with the original fence to continue to ensure privacy in the back garden. Page 19 of 64
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MIDLOTHIAN COUNCIL DEVELOPMENT MANAGEMENT PLANNING APPLICATION DELEGATED WORKSHEET: Planning Application Reference: 24/00346/DPP Site Address: 53 Chesters View, Bonnyrigg Site Description: The application property comprises of a detached two storey dwellinghouse within a primarily residential area. The property is finished externally in facing brick at ground floor level and white dry dash render at first floor level with brown upvc windows and brown concrete rooftiles. Proposed Development: Erection of fence (retrospective) Proposed Development Details: The application seeks retrospective planning permission for the erection of a 1.8m high timber fence around the side and rear of the application property. The applicant has confirmed they will either paint the fence grey or leave it untreated. A 1m high fence has been erected around the perimeter of the front garden of the property. The 1m high front fence along with the 1.8m high section of fencing along the rear boundary of the back garden and the boundary between the application property and no.52 constitutes permitted development under class 3E of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended). The section of fencing running parallel to the car parking bays to the rear of the property replaces a pre existing fence. Although the fence had been replaced at the time of the site visit, Google images appears to show a fence of a similar height to that proposed. This section of fencing is considered to be a like for like replacement and does not require planning permission. Background (Previous Applications, Supporting Documents, Development Briefs): History sheet checked – no relevant history. The applicant has submitted a statement addressing policy 1 of NPF4. It states that work was carried out by a local firm. Consultations: None required. Representations: Three representations have been received objecting to the application. The reasons for objection can be summarised as: - Over development of the site. - Contradicts the planning process. Appendix C Page 20 of 64
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- Breach of title deeds. - The fence is overbearing and not in keeping with the open plan estate. - Fence restricts access to the parking bay to the rear of the property. - Road safety concerns as views obstructed. - The fence sets a precedent to other residents. - Applicant has enclosed the service strip area and increased their garden boundary. Relevant Planning Policies: Planning policy comprises National Planning Framework 4 and the adopted Midlothian Local Development Plan 2017. The following policies are relevant to the proposal: NPF4 Policy 1 Tackling the climate and nature crises When considering all development proposals significant weight will be given to the global climate and nature crises. Policy 14 - Design, quality and place a) Development proposals will be designed to improve the quality of an area whether in urban or rural locations and regardless of scale. c) Development proposals that are poorly designed, detrimental to the amenity of the surrounding area or inconsistent with the six qualities of successful places, will not be supported. Policy 16 - Quality homes g) Householder development proposals will be supported where they: i. do not have a detrimental impact on the character or environmental quality of the home and the surrounding area in terms of size, design and materials; and ii. do not have a detrimental effect on the neighbouring properties in terms of physical impact, overshadowing or overlooking. The relevant policy of the Midlothian Local Development Plan 2017 is; DEV2 – Protecting amenity within the built-up area - seeks to protect the character and amenity of the built-up area. 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. Whilst it hasn’t been demonstrated by the applicant that the works have been constructed sustainably to comply with Policy 1 of NPF4, the relatively small scale nature of the fence is unlikely to negatively contribute to the global climate and nature crisis. NPF4 has only recently been adopted and in the absence of further guidance in relation to policy 1 at this current time it would be unreasonable to refuse the application on the grounds of the proposal being unsustainable. Page 21 of 64
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The application property forms part of a modern housing estate characterised by houses set back from the pavement behind open front gardens. The open nature of the front gardens within this development contribute to the pleasant character of the area. The application property Is located at the entrance to a cul-de-sac off the main road into the development with its front garden facing onto the main road and a grassed area to the side of the house and the side of the rear garden facing onto the road into the cul-de-sac. This area, whilst in the ownership of the applicant, contributes to the open landscaped character of the estate along with the shrub planting on the opposite side of the road and creates a pleasant green entrance to this cul de sac. As erected, the fence is highly visible and a very prominent and stark feature at the entrance to this part of Chesters View totally out of keeping with the character of and detracting from the visual amenity of this area. If approved the fence could set an undesirable precedent for similar fences in the area which would lead to the further degradation of the character and appearance of the area. It has not been possible for the case officer to ascertain whether the intention was for the land to the side of the property to form part of the communal landscaping for the development. With regard to the comments raising concerns about the fence enclosing a service strip, a pavement runs along the side and front of the property and in such instances services usually run under the pavement. Notwithstanding this, it would be necessary for the applicant to provide access to any services should access be required, regardless of the fence. There are no apparent road safety implications as a result of the 1.8m high sections of fencing. One of the representations received makes reference to visibility being reduced as a result of the fence around the front garden. As noted in the proposed development section of the report, the 1m high fence to the front of the property is permitted development and does not form part of the assessment of this application. The parking bay adjacent to the rear garden of no.53 is unaffected by the development and remains capable of accommodating up to two cars as per the pre existing arrangement. Burdens contained within the title deeds of a property are a private legal matter, not a material planning consideration. Setting the fence back from the pavement with sufficient room to allow for hedge or structure planting in front of the fence would appear as a softer feature in the street scene. Although any fence above 1m would still require a further application for planning permission to be submitted this is an alternative option the applicant may wish to give some consideration to. It is now standard practice of the Planning Authority to require hedgehog holes to be placed in new fencing in the interest of biodiversity, however, the applicant confirmed in an email that she has a small dog and cannot therefore create small holes in order to keep the dog secure. There is no significant impact on the amenity of neighbouring properties. Page 22 of 64
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Recommendation: Refuse planning permission Page 23 of 64
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Refusal of Planning Permission Town and Country Planning (Scotland) Act 1997 Reg. No. 24/00346/DPP Mrs Susan Gibson 53 Chesters View Bonnyrigg EH19 3PU Midlothian Council, as Planning Authority, having considered the application by Mrs Susan Gibson, 53 Chesters View, Bonnyrigg, EH19 3PU, which was registered on 3 June 2024 in pursuance of their powers under the above Acts, hereby refuse permission to carry out the following proposed development: Erection of fencing (retrospective) at 53 Chesters View, Bonnyrigg, EH19 3PU in accordance with the application and the following documents/drawings: Document/Drawing. Drawing No/Scale Dated Location Plan 1:1250 03.06.2024 Site Plan 03.06.2024 Illustration/Photograph 03.06.2024 Illustration/Photograph 03.06.2024 Proposed elevations 03.06.2024 The reason for the Council's decision are set out below: 1. The 1.8m high fence along the east boundary of the property hard up to the pavement presents as a harsh boundary treatment along the street frontage which has a significant detrimental impact on the visual amenity of the immediate surrounding area diminishing its attractive open landscaped character and is contrary to policies 14 and 16 of NPF4 and DEV2 of the adopted Midlothian Local Development Plan 2017. Dated 9 / 8 / 2024 …………………………….. Duncan Robertson Lead Officer – Local Developments Fairfield House, 8 Lothian Road, Dalkeith, EH22 3ZN Appendix D Page 24 of 64
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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 25 of 64
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Local Review Body Wednesday 13 November 2024 Item No 5.2 Notice of Review: Melville Castle, Lasswade 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 22/00444/S42 at Melville Castle, Lasswade. 2 Background 2.1 Planning application 22/00444/S42 for the amendment to condition 1 of planning permission 18/00372/DPP for erection of marquee (for a temporary period of 4 years) (retrospective) to extend duration of temporary permission was granted planning permission subject to a time limiting condition (condition 1): 1. Planning permission is granted until 31 December 2023. Reason: Due to the temporary nature of the building proposed, the impact this has on the character and setting of this A listed building, designed landscape and special landscape area; and to enable the planning authority to exercise appropriate control at the expiry of the temporary permission. 2.2 Planning application 24/00206/S42 to vary condition 1 of planning permission 22/00444/S42, to allow the continued siting of the marquee was refused planning permission on 18 July 2024; a copy of the decision is attached to this report. Through this application the applicant is seeking to continue the siting of the marquee until 31 December 2024. It is however worth noting that the applicant is considering longer term options to the siting of a marquee and the LRB’s decision on this review would be material to future marquee siting planning applications. 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 22/00444/S42. 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 Page 27 of 64
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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. 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 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 18 July 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 four consultation responses, and three representations received. As part of the review process the interested parties were notified of the review and one additional comment has been received continuing their objection to the application. One consultation response (from Historic Environment Scotland) has also been received confirming they do not object to the application, but only on the basis that any permission is temporary whilst a more permanent solution to the marquee siting is progressed. 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; Page 28 of 64
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• 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. Planning permission is granted until 31 December 2024. Reason: Due to the temporary nature of the building proposed, the impact this has on the character and setting of this A listed building, designed landscape and special landscape area; and to enable the Planning Authority to exercise appropriate control at the expiry of the temporary permission. 2. Within three months of the date of expiry of the limited period of planning permission, the marquee 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 setting of the A listed building and the historic designed landscape. 3. The marquee hereby approved shall not open to the public outwith the hours of 8am to 12 midnight on Mondays to Saturdays and 11am to 10pm on Sundays, unless otherwise agreed in writing with the Planning Authority. Reason: To safeguard nearby residential amenity. 4. Amplified music or vocals shall be set at a level to be agreed in writing by the Planning Authority (in liaison with the Council’s Protective Services) – the agreed sound level shall be restricted by a ‘sound limiter’. 5. The maximum number of guests attending any events in total within the marquee shall be restricted to 200. Page 29 of 64
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Reason: To ensure there is adequate drainage facilities on site. 6. The marquee hereby approved is granted permission as an extension to the hotel use at Melville Caste and all uses carried out within the marquee shall only be uses that are ancillary to the existing hotel use. Reason: To ensure that the use remains ancillary to the existing established uses on site; this proposal is only considered acceptable as it relates to an existing acceptable use; the proposed use may not be acceptable as a standalone business. 5.2 If the LRB dismisses the review, the unauthorised marquee will need to be removed. In this case the applicant will be asked to comply with this requirement within two months of the LRB decision. However, the failure to take action to remedy the breach of planning control will result in the Council having to consider issuing an enforcement notice to resolve the breach of planning control. 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: 31 October 2024 Report Contact: Mhairi-Anne Cowie – Planning Officer Mhairi-Anne.Cowie@midlothian.gov.uk Background Papers: Planning application 24/00206/S42 available for inspection online. Page 30 of 64
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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) Amendment to condition 1 of planning permission 22/00444/S42 (to extend duration of temporary permission for erection of marquee) Melville Castle Lasswade EH18 1AP File No. 24/00206/S42 Scale 1:1250 Appendix A Page 31 of 64
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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 100575140-010 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 APT PLANNING & DEVELOPMENT TONY THOMAS WEST ROAD 1 07747 780 852 EH42 1XA UK WHITEKIRK tony@apt-plandevelop.co.uk Appendix B Page 32 of 64
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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 MELVILLE CASTLE Midlothian Council WEST ROAD 1 c/o APT Planning & Development LASSWADE EH18 1AP EH42 1XA UK 666984 WHITEKIRK 331029 MELVILLE CASTLE HOTEL Page 33 of 64
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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) Amendment to condition 1 of planning permission 22/00444/S42 (to extend duration of temporary permission for erection of marquee) at Melville Castle, Lasswade, EH18 1AP THE OPERATORS OF MELVILLE CASTLE HOTEL (THE ORIGINAL COLLECTION) ARE IN ACTIVE DISCUSSIONS TO FIND A SUITABLE ALTERNATIVE SETTING FOR THE EVENTS VENUE. IN THE INTERIM IT IS BUSINESS CRITICAL THAT THEY ARE ABLE TO CONTINUE TO HOST EVENTS WHILST THE CONTINUED PRESENCE OF THE MARQUEE DOES NOT LEAD TO ANY ADDITIONAL, NEW OR UNFORESEEN IMPACTS MERELY THE CONTINUATION OF AN EXISTING SITUATION. Page 34 of 64
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Page 4 of 5 Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters) Application Details Please provide the application reference no. given to you by your planning authority for your previous application. What date was the application submitted to the planning authority? * What date was the decision issued by the planning authority? * Review Procedure The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case. Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other parties only, without any further procedures? For example, written submission, hearing session, site inspection. * Yes No In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion: Can the site be clearly seen from a road or public land? * Yes No Is it possible for the site to be accessed safely and without barriers to entry? * Yes No 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) STATEMENT OF APPEAL APPLICATION DOCUMENTS 24/00206/S42 18/07/2024 25/03/2024 Page 35 of 64
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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 TONY THOMAS Declaration Date: 15/10/2024 Page 36 of 64
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Statement of Appeal Application 23/00206/S42 Amendment to Condition 1 of Planning Permission 22/00444/S42 OCTOBER 2024 1 West Road Whitekirk EH42 1XA T – 07747 780 852 tony@apt-plandevelop.co.uk www.apt-plandevelop.co.uk Page 37 of 64
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Applications 23/00206/S42 Amendment to Condition 1 of Planning Permission 22/00444/S42 Melville Castle, Lasswade, EH18 1AP STATEMENT OF APPEAL – OCTOBER 2024 INTRODUCTION 1. apt planning & development has prepared this Statement of Appeal on behalf of the operators of Melville Castle Hotel (The Original Collection) with regards to application 24/00206/S42 seeking an amendment to Condition 1 of planning permission 22/00444/S42. In their decision of 18th July 2024, Midlothian Council refused this application which will have a serious impact on the future viability of the business. 2. As highlighted in the officer report, Historic Environments Scotland (HES) supported the retention of the marquee in the current application to the end of 2024 based on the ongoing application seeking planning permission to the west of the castle (24/00195/DPP). This clarifies that whilst no one is stating that this is the best long-term solution, HES accepted the continued temporary siting of the marquee. The impacts cannot be so severe that this application cannot be accommodated for a further period of time. 3. The committee report states that the applicants have had plenty of time since the 2022 permission to extend the temporary siting of the marquee to the end of 2023. This is true in part but also ignores the lasting impact of COVID on the hospitality industry and the ongoing works and improvements to the Castle in the interim period. 4. Finding a permanent or at least longer-term solution for the event space remains of critical importance to the business but saving and investing in the business in the first instance was of even more importance, and should not prejudice the new operators from being able to put a solution in place. In real terms, they have not been in-situ for long and in real terms a further period of time to help the business will not result in any further or damaging impacts. The long term aspirations of all concerned parties remain aligned. 5. The marquee was already there, was operating successfully and whilst the new neighbours have been vociferous in their objections to every attempt to resolve the situation, the Council’s own officers are content that the marquee does not raise any unacceptable concerns with regards to real or perceived noise and amenity impacts. 6. On this basis, it comes down to Midlothian Council allowing an existing situation to continue to allow the operators time to find the best solution, whilst also ensuring that Melville Castle Hotel can meet its commitments to host important events and preserve the near-70 jobs on site. Should this appeal not be successful, there are many local and visiting customers who will be left upset and angry and the inability of Melville Castle to fulfil its bookings, resulting in clear reputational damage to Melville Castle but also Midlothian as a destination to host weddings, birthdays and other celebrations or corporate events. Page 38 of 64
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Applications 23/00206/S42 Amendment to Condition 1 of Planning Permission 22/00444/S42 Melville Castle, Lasswade, EH18 1AP STATEMENT OF APPEAL – OCTOBER 2024 7. It is our professional opinion that in this instance, the economic development and tourism considerations do carry significant weight, especially when allowing the extension will not result in any new, unforeseen or increased impacts. The opposite is true if the permission is not granted; the impacts will be significant. SITE CHARACTERISTICS, BACKGROUND AND PLANNING HISTORY 8. Melville Castle Hotel is an established use in the Edinburgh Green Belt. It has operated as a hotel for many years, and is without doubt the foremost hotel within Midlothian. Unfortunately it has had a chequered recent past and was saved following a recent closure by The Original Collection in 2021. 9. Despite the wider global recession, followed by the COVID Pandemic and the crippling and long-lasting impacts it has had on the hospitality industry, The Original Collection has identified the potential of the hotel and is committed to its long-term success. 10. Since taking over in 2021, they have invested heavily in upgrading the hotel so it is fit-for- purpose as a four or five star hotel into the future. As our planning statement outlined, this has included the following: • Refurbish all bedroom including painting/wallpaper, lighting, furniture, carpets and artwork; • Created a new bar area; • Completely refit the kitchen; • Complete overhaul of the lift; • Create new lounges and private dining facility; • New snooker room; • Convert office to retail space and rooms; • Create new toilet facilities; • Refurbish the restaurant • Refurbish/replace marquee floor; • Upgraded electrics to the marquee; • 2 new bathrooms; • Improved staff-training; • new IT system throughout the hotel; 11. The site has a consistent planning history showing a series of permissions enabling the positioning of the marquee to the east of the Castle (as existing). Page 39 of 64
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Applications 23/00206/S42 Amendment to Condition 1 of Planning Permission 22/00444/S42 Melville Castle, Lasswade, EH18 1AP STATEMENT OF APPEAL – OCTOBER 2024 12. This is still the case and the marquee is critical to the ongoing viability of the hotel as an important destination and employer in Midlothian. 13. In allowing this temporary permission to be extended, there are no increased, new or unforeseen impacts. The situation will remain the same. It has been acceptable for a number of years and we are seeking a short extension whilst a solution to the longer term existence of an event venue is resolved (the process for which is ongoing). • 22/00444/S42 - amendment to condition 1 of planning permission 18/00372/DPP Erection of marquee (for a temporary period of 4 years) to extend duration of temporary permission. Consent was granted with conditions and expired on 31 December 2023; • 18/00372/DPP - erection of marquee (for a temporary period of 4 years). Consent granted with conditions; • 14/00017/DPP - erection of marquee. Consent granted with conditions – temporary for four years only; • 07/00640/FUL - erection of marquee for use from April to end of October each year. Consent was granted with conditions. • 24/00195/DPP - repositioning of existing marquee; erection of modular units and formation of car parking and associated works. Refused as it was considered that the proposal would result in the loss of mature trees, would not be in keeping with and would detract from the character and setting of the A listed building; that the proposed formation of a parking area and alterations to the existing parking layout would have a significant adverse impact on the character and setting of the A listed building and that the proposed position of the marquee and modular units would have a significant detrimental impact on the amenity of neighbouring properties in terms of noise and disturbance; 14. The Original Collection are aware that the positioning of the marquee has a relatively straightforward history. What those planning permissions could not have anticipated was the impacts of the global recession and COVID pandemic on the hospitality industry. 15. The current operators have shown a commitment to the property and business that gives it the very best chance of future success, protecting existing jobs and creating new opportunities. We simply need some more time to try and resolve outstanding matters. Page 40 of 64
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Applications 23/00206/S42 Amendment to Condition 1 of Planning Permission 22/00444/S42 Melville Castle, Lasswade, EH18 1AP STATEMENT OF APPEAL – OCTOBER 2024 APPLICATION 24/00206/S42 16. Application 24/00206/S42 was validated on 25th March 2024 and refused under delegated powers on the 18th July 2024. There follows a three-month period to appeal this decision to the Local Review Body and this appeal is therefore submitted ahead of the 17th October 2024 deadline. 17. We are not proposing to undertake in detailed assessment of the planning policies outlined in Reason 2 as we are seeking just a temporary extension to the current situation. As we repeat throughout this Statement of Appeal, the impacts are known, have been accepted for a number of years and there will be no new, increased or unforeseen impacts. 18. It is a far simpler question to answer. Will Midlothian Council support the Melville Castle Hotel business, the near 70 local jobs (and other local businesses) it supports and the long term security of the business and the category A listed Castle building. 19. Two reasons for refusal are cited and we address these below. Reason One The temporary retention of the marquee will have a significant adverse impact on the setting and character of the A listed Melville Castle, the surrounding designed landscape, special landscape area and river valley. Reason Two For the above reason, the proposal is contrary to policies ENV6, ENV7, ENV8, ENV20 and ENV22 of the adopted Midlothian Local Development Plan 2017 and Policies 7, 14 and 29 of the National Planning Framework 4. 20. We have accepted from the outset that the current siting of the marquee is not the best long- term solution though it is imperative to the long-term viability of the hotel that it can accommodate larger functions. This cannot be done within the fabric of the main hotel building. If a solution is not found, there is a very real possibility that the hotel ceases to operate posing a far greater threat to the long-term future of the Castle not to mention the 70 local jobs that would be lost. 21. We refute that the marquee has any wider impacts on the designed, landscape, special landscape area and river valley. Page 41 of 64
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Applications 23/00206/S42 Amendment to Condition 1 of Planning Permission 22/00444/S42 Melville Castle, Lasswade, EH18 1AP STATEMENT OF APPEAL – OCTOBER 2024 22. This is a very specific installation, very clearly temporary in nature and clearly linked to the operation of the Castle, the impacts are the same as has been seen over the past 10 years or more but we do not feel that they are evident beyond the immediate environs of the Castle itself. 23. We do not consider a permanent extension to the building to be an appropriate solution when considering the quality and character of this category ‘A’ listed Castle. 24. In seeking a solution that involves a marquee, it is always going to be apparent that is an ancillary building, temporary in nature (even if it is a long-term feature). The bigger picture at Melville Castle is to find an appropriate location for the marquee that protects the special historic character and appearance of the building, whilst also ensuring that the neighbouring property is protected from potential noise, amenity or visual impacts and that other key features in the grounds (namely trees) are also protected. 25. To grant a further extension to the permission to enable the work to find a permanent solution to continue (when the current operators are proactively seeking to resolve the situation) would not create a situation any worse than is currently the case. 26. There would be no additional or unknown impacts of an extension. It would simply be a continuation of the status quo entirely feasible that these 18 vehicles were in place at the same time (as well as a variety of scenarios in between these two versions) and therefore requiring significantly more land than Area 2. 27. To simply state that the impacts of the marquee on the Castle and surrounding landscape setting are too great to permit the extension misses three important considerations. The first, as outlined above being that the marquee is already there, so there will be no change. 28. Second, The Original Collection have shown a commitment to, and investment in, this Category A Listed building that has been desperately needed for many years. As we stated, this has included upgrading the rooms and important improvements throughout the building. This is ensuring the long-term future of the building, the alternative being that it could easily fall into a state of disrepair, undermining what is an important heritage asset in Midlothian. 29. Finally, we cannot underestimate the potential detrimental impacts should the hotel close again. There are almost 70 local people employed at Melville Castle and this would be a devastating blow should these jobs be lost. There are a number of indirect benefits from suppliers and other services whether florists, taxi drivers and other food and drink suppliers, all of whom would be affected by a potential closure. These factors should all be considered as part of the determination of the application. Page 42 of 64
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Applications 23/00206/S42 Amendment to Condition 1 of Planning Permission 22/00444/S42 Melville Castle, Lasswade, EH18 1AP STATEMENT OF APPEAL – OCTOBER 2024 30. As part of the ongoing commitment and investment in Melville Castle, and specifically in responding to concerns around noise impacts, The Original Collection has invested approximately £100,000 in a state-of-the-art directional sound system that ensures that the music/announcements etc. cannot be heard outside of the marque and certainly not at any distance from the structure. This would include the existing Castle building and specifically the single residential property to the south-west (a property that was purchased relatively recently with the operation of the next-door hotel clear and obvious). 31. This investment was made on the understanding that a relocated marquee to the west of the castle was the clear and obvious preferred option by both the applicant, Historic Environments Scotland and the Council. An application on this basis was made (24/00195/DPP) but subsequently refused mainly on matters of noise and the impact on the existing trees. This has led to the current situation whereby the hotel must be able to meet its event commitments over the coming 12 months and beyond. 32. The applicants realise that this is not the best, and certainly not the long-term solution, but have only been in control of the property since 2021 they are now trying to manage the situation to secure the future of the building and the business. In this relatively short-period of time, The Original Collection have invested heavily in the property to ensure its long term survival, the marquee being a critical part of that. We are simply asking for the Council’s continued support whilst the best solution is found that enables the hotel to continue to cater for the larger events. SUMMARY 33. Melville Castle is Midlothian’s finest hotel and one of its finest buildings. For over 10 years its continued use as a hotel has been supplemented by the use of a marquee to enable the venue to host larger events and special occasions. It is critical to the long-term success of the business that this continues to be the case. 34. Even so, the business has struggled and was closed before The Original Collection took over the running of the hotel in 2021. In the interim period they have invested heavily to ensure that the hotel remains fit-for-purpose as a high-quality destination in Midlothian. 35. This has been made even more challenging given the initial impacts of the global recession followed by the long lasting impacts of the COVID pandemic, impacts that have been particularly damaging to the hospitality industry. Page 43 of 64
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Applications 23/00206/S42 Amendment to Condition 1 of Planning Permission 22/00444/S42 Melville Castle, Lasswade, EH18 1AP STATEMENT OF APPEAL – OCTOBER 2024 36. The Original Collection is aware that the previous extension, permitting the current location of the marquee, expired at the end of 2023. They were under the distinct impression that both the Council and Historic Environments Scotland were willing to support the establishment of an event venue to the immediate west of the Castle building which would be invisible as you approached the Castle along the main drive. 37. Application 24/00195/DPP sought to secure this permission but it has subsequently been refused leaving The Original Collection with a situation where this extension of time application has been refused as has the proposed new siting. This would have a devastating impact on the viability of the business, not to mention the hurt and anger of potentially having to cancel a large number of events that are already planned for the Castle. 38. The Castle employs almost 70 local people (only one or two employees live out-with Midlothian). These jobs are at risk if the business is not able to cater for the larger events. The larger events underpin the overall performance of the hotel. 39. Comment has been made that the Hotel should not have accepted bookings without the necessary planning permission in place but this is not a realistic stance given there was an ongoing application (both for the relocation and the extension of time) whilst more recently we have tried to engage in conversations about other potential sites for the marquee. The business could not simply stop taking bookings. What if permission had been granted, it would have been a pyric victory. 40. In completing this statement of appeal, the most critical argument is perhaps that should you allow the marquee to remain in place for a further period of time, there will be no new, increased or unforeseen impacts, we are merely asking for the status quo to remain whilst alternatives are finalises. 41. However the flipside to this, is that should we not secure permission, there will be predictable and damaging new impacts that will have serious implications for the future of the business, direct and indirect employment, the maintenance and upkeep of the Category A listed castle as well as the reputational harm to Midlothian as a tourist and event destination. 42. We are arguing that the economic benefits far outweigh the continued implications of the marquee remaining in-situ whilst a permanent solution is found and it is on this basis that we respectfully ask that this appeal be allowed. Page 44 of 64
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Development Management Midlothian Council Fairfield House 8 Lothian Road Dalkeith EH22 3AA 21ST March 2024 Dear Sir/Madam, Planning Permission 22/00444/S42 – Melville Castle Hotel Application under Section 42 of the Town and Country Planning (Scotland) Act 1997 Amend Condition 1 to Extend Permission to December 2024 On behalf of the Melville Castle Hotel, APT Planning & Development is pleased to lodge this application seeking an amendment to planning permission 22/00444/S42 to permit the continued siting of the temporary event marquee until the end of 2024 and in the context of the submission of application 24/00195/DPP for the permanent relocation of the marquee to the west of the main castle building The Hotel has a full diary of weddings and other similarly important events booked into the venue in the coming months and needs to be in a position to honour those commitments to their clients. The Hotel is under new management (to The Original Collection, TOC) and they are in the process of completing a wholesale refurbishment and upgrade at considerable expense. The new operators, are demonstrating a significant commitment to the venue and to Midlothian in re‐establishing Melville Castle as a premier hotel, restaurant and event venue in the area. Page 45 of 64
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Planning Permission 22/00444/S42 – Melville Castle Hotel Application under Section 42 of the Town and Country Planning (Scotland) Act 1997 Amend Condition 1 to Extend Permission to December 2024 An integral part of this commitment, and in planning for a successful future, is the wedding venue offer and for this to be possible, ancillary venue space is required. Without it, the hotel can only accommodate events of up to 80 people, having a significant impact on the profitability and viability of such events and the hotel as a whole. The wedding venue (and other large events) has been an integral and successful part of Melville Castle’s offer over the past number of years. It is fundamental to the future plans of the new operators, and to the wider success of the Hotel that the marquee, located to the east of the Castle building, on part of the lawn previously used as a tennis court, continues to be available (until such time as an alternative site has been agreed and is ready for operation). In terms of the overall nature of these proposals, there is no change to the permission granted in 2018 and renewed in 2022. The 2022 renewal only permitted the use until December 2023 and not until June 2025 as sought. It is the same marquee in the same location within the wider Melville Castle site. Midlothian Council will be only too aware of the impact of the COVID pandemic on the hospitality industry. Melville Castle was forced to close in 2020 as a direct consequence of the impacts of lockdown measures. It was during this period that TOC sought to take control of the property with a view to reopening and undertaking a comprehensive programme of improvements. This has included the wholesale refurbishments and enhancements to the guest rooms and public spaces within the hotel as well as total refurbishment of the basement restaurant which will open to customers later in 2022 (see list below). Overall, TOC has committed almost £3m to the project (and have already spent half of that amount). The Hotel employs 65 people (most of whom live locally) not to mention the number of indirect positions they support through the use of a wide range of local service providers and suppliers. It is clear that the new operators have every intention of ensuring that Melville Castle becomes one of the premier destinations in the Edinburgh area for hotel stays, conferences, meals out and of course weddings and other special events and it is equally obvious that the marquee plays a fundamental role in this offer. Post‐COVID it is essential that Melville Castle is able to meet its commitments to host these events whilst TOC investigates a better more appropriate solution for the longer term. It is on this basis that we ask for further flexibility being applied to 22/00444/S42 in permitting the marquee until the end of this calendar year (2024). Page 46 of 64
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Planning Permission 22/00444/S42 – Melville Castle Hotel Application under Section 42 of the Town and Country Planning (Scotland) Act 1997 Amend Condition 1 to Extend Permission to December 2024 Overall, the range of improvements is listed below and underlines the scale of new investment at Melville Castle: Refurbish all bedroom including painting/wallpaper, lighting, furniture, carpets and artwork; Created a new bar area; Completely refit the kitchen; Complete overhaul of the lift; Create new lounges and private dining facility; New snooker room; Convert office to retail space and rooms; Create new toilet facilities; Refurbish the restaurant Refurbish/replace marquee floor; Upgraded electrics to the marquee; 2 new bathrooms; Improved staff‐training; new IT system throughout the hotel; Melville Castle Hotel is an established use in the Green Belt location and the marquee is a temporary structure for a business essential use. There is no conflict with Green Belt policy. The proposals are for the temporary siting of the event marquee. We are aware of the concerns raised by Midlothian Council and Historic Environments Scotland with regards to the impacts of the marquee on the setting of Melville Castle (and surrounds) and are taking steps to resolve this matter through the relocation of the marquee (the use of which is business‐critical). As such there is the potential for conflict with Policy 7 of National Planning Framework 4 and Policies ENV6, ENV20 and ENV22 which is mitigated by; a) the temporary nature of the proposals; b) the need to support the local (hospitality) businesses as they emerges from the COVID‐ related lockdowns and other restrictions; c) the willingness by the applicant (and operator of the hotel) to find a more acceptable solution (elsewhere on the site); and d) the business critical nature of the use to the continued successful operation of the hotel which itself is an important local employer and tourist/visitor attraction. Page 47 of 64
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planning & development Planning Permission 22/00444/S42 - Melville Castle Hotel Application under Section 42 of the Town and Country Planning (Scotland} Act 1997 Amend Condition 1 to Extend Permission to December 2024 The new operator has also demonstrated significant confidence and commitment to Melville Castle in the investment in the refurbishment and upgrade of the hotel and should be supported in ensuring its long-term viability and growth. This economic argument does not necessarily make unacceptable impacts acceptable but does allow for some short-term flexibility in working with the hotel operator to ensure the continued provision of the event venue and a longer-term solution. We hope you are able to continue to support this important local business whilst we confirm the alternative siting for the marquee hopefully with the early and positive determination of application 24/00175/DPP. We trust all is in order and look forward to receiving confirmation of receipt and that the application has been validated and look forward to further engagement with Midlothian Council. If you have any further questions, please do not hesitate to contact me. tony thomas director Page 48 of 64
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MIDLOTHIAN COUNCIL DEVELOPMENT MANAGEMENT PLANNING APPLICATION DELEGATED WORKSHEET: Planning Application Reference: 24/00206/S42 Site Address: Melville Castle, Lasswade. Site Description: The application site comprises part of an area of lawn to the front of a large A listed building (Melville Castle) currently in use as a hotel and restaurant. The site is set within a designed landscape, a special landscape area and within an area covered by a Tree Preservation Order. The lawn extends to the east and south, the Castle and related car park (for up to 85 vehicles) are to the west and there is woodland to the north. The River North Esk is to the south beyond the lawn. The site is 9 metres from the castle and was previously a tennis court and croquet lawn. The site is secluded, being set within a wooded valley. There are two neighbouring residential properties to the south west, which formed part of the original estate but are now in separate ownership. The nearest house is 160 metres from the site and the other 380 metres. The site is accessed by a driveway that extends 950 metres to Gilmerton Road at Melville Gate. Proposed Development: Amendment to condition 1 of planning permission 22/00444/S42 (to extend duration of temporary permission for erection of marquee). Proposed Development Details: It is proposed to amend condition 1 of planning permission 22/00444/S42 which reads as follows: 1. Planning permission is granted until 31 December 2023. Reason: Due to the temporary nature of the building proposed, the impact this has on the character and setting of this A listed building, designed landscape and special landscape area; and to enable the Planning Authority to exercise appropriate control at the expiry of the temporary permission. It is proposed to extend this planning permission until 31 December 2024. This will allow the continued hosting of events while application 24/00195/DPP (Repositioning of existing marquee; erection of modular units and formation of car parking and associated works) is determined. The applicants state that they are looking to find a more appropriate long term solution for hosting events at the site. Background (Previous Applications, Supporting Documents, Development Briefs): Application site 22/00444/S42 Amendment to condition 1 of planning permission 18/00372/DPP Erection of marquee (for a temporary period of 4 years) (retrospective) to extend duration of temporary permission. Consent with conditions - temporary until 31 December 2023 only; the marquee shall be removed within 3 months of the Appendix C Page 49 of 64
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expiration of the permission and the site be made good; use of the marquee between 8am to 12 midnight Mondays to Saturdays only and 11am to 10pm Sundays; compliance with specified noise control measures; details of the sound limiter agreed and in place during events; no alterations to the construction of the marquee without prior approval; landscape planters to screen the marquee to the north and east; limit on number of guests; and shall be used as ancillary for use by the existing hotel. 18/00372/DPP Erection of marquee (for a temporary period of 4 years). Consent with conditions – temporary for four years only; the marquee shall be removed within 3 months of the expiration of the permission and the site be made good; use of the marquee between 8am to 12 midnight Mondays to Saturdays only and 11am to 10pm Sundays; compliance with the noise mitigation statement; details of the sound limiter agreed and in place during events; landscape planters to screen the marquee to the north and east; limit on number of guests; and shall be used as ancillary for use by the existing hotel. 14/00017/DPP Erection of marquee. Consent with conditions – temporary for four years only; the marquee shall be removed within 3 months of the expiration of the permission and the site be made good; use of the marquee between 8am to 12 midnight Mondays to Saturdays only and 11am to 10pm Sundays; compliance with the noise mitigation statement; details of the sound limiter agreed and in place during events; landscape planters to screen the marquee to the north and east; and shall be used as ancillary for use by the existing hotel. 12/00791/DPP Erection of marquee. Withdrawn. 09/00576/DPP Erection of marquee (retrospective). Withdrawn. 09/00330/FUL Temporary erection of marquee (retrospective). Withdrawn. 08/00504/FUL Erection of marquee, three portacabins, walkway and formation of area of hardstanding. Withdrawn. 07/00640/FUL Erection of marquee for use from April to end of October each year. Consent with conditions – use only between April to end October. Land to west of hotel 24/00195/DPP Repositioning of existing marquee; erection of modular units and formation of car parking and associated works. Refused - The proposal would result in the loss of mature trees which would have a significant adverse impact on the landscape character and special landscape area; The proposed marquee and modular units are not in keeping with and would detract from the character and setting of the A listed building and the designed landscape. The proposed formation of a parking area and alterations to the existing parking layout would have a significant adverse impact on the character and setting of the A listed building and the designed landscape; The proposed position of the marquee and modular units would have a significant detrimental impact on the amenity of neighbouring properties in terms of noise and disturbance from the related events use; The proposed position of the marquee and modular units would have a significant detrimental impact on the amenity of neighbouring properties in terms of loss of Page 50 of 64
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privacy from the related events use; The proposal is contrary to Policies DEV6, ENV6, ENV7, ENV11, ENV18, ENV20 and ENV22 of the adopted Midlothian Local Development Plan 2017 and Policies 1, 2, 6, 7, 14 and 23 of the National Planning Framework 4. 07/00778/LBC Erection of marquee (retrospective). Withdrawn. 07/00281/FUL Erection of marquee and three portacabins (retrospective). Withdrawn. Consultations: The Council’s Senior Manager Neighbourhood Services (Roads) was consulted but did not provide comment. The Council’s Senior Manager Protective Services states there were previously noise complaints about the marquee when this was positioned to the west of the Castle. These complaints were partially solved by relocating the marquee to the east of the Castle, as existing. This both increased the distance between the noise source and noise sensitive receptors and used the Castle as an acoustic barrier to further reduce the impact of intrusive noise on nearby residential properties. Further noise complaints were received regarding the current marquee location which were largely resolved by routing the music through limiter. From a noise enforcement point of view the current marquee location is preferable to relocating the marquee to west of the Castle. They do not objection to the proposal provided that the conditions 2 to 9 inclusive of 22/00444/S42 are attached to any new permission. The Council’s Biodiversity Consultant has not raised any concerns regarding a potential impact on protected species. Historic Environment Scotland raises concern over the continued retention of the marquee at the site and the impact this has on the setting of the A listed building and designed landscape, which they consider to be significantly compromised by the current position of the marquee. Heavy planting conceals views of the castle for most of the drive until the open parkland in reached, whereupon the Castle and its immediate setting are revealed. The marquee disrupts this important planned approach and view of the Castle. They support the relocation of the marquee to the west side of the Castle (see planning application 24/00195/DPP). In doing so, they agree to retaining the marquee in its current position until the end of 2024 if additional time is required before the relocation is implemented. They advise avoiding, or reducing as much as possible, the overlap between retaining the existing marquee and the erection of the new marquee, to mitigate the risk of cumulative impacts on the listed building and designed landscape. Representations: Three representors have objected which can be summarised as follows: - The use of a marquee is not sustainable and so does not comply with NPF4; - The retention of the marquee will adversely affect the character, appearance and setting of the A listed Castle, neighbouring Chestnut House and the designed landscape; Page 51 of 64
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- The marquee has exceeded its lifespan, which the 2014 application submissions stated would be 5 years. This has been in place for 10 years and is in poor condition; - The marquee is not the same design as approved in 2014 which was never erected; - Historic Environment Scotland has consistently opposed the marquee becoming a permanent structure due to the adverse impacts on the sensitive surroundings; - Noise from the marquee detrimentally affects nearby residents and their amenities, including the use of fireworks. Complaints have been submitted to the Council from local residents including as far as Eskbank; - Impact on access to local properties when there is traffic generated for events; - Surrounding residents bought their properties on the basis that the marquee was temporary and would be removed by March 2024; - Impact on protected species which are present in the area; - The hotel business has a history of non-compliance with the Council’s decisions and conditions, or commitments over employment generation and to carry out improvement works stated as necessary and enabled by previous approvals for the marquee; - The Castle continues to take bookings for events for dates when the marquee should be removed and does not have planning permission; - Permission was previously only approved on the basis that the marquee was temporary to allow a permanent solution to holding events at the site. This has not been done; - Trees have been removed without permission; - Enforcement complaints have been submitted over the events held in 2024; - A false name has been used for the current application, applications 24/00195/DPP and 22/00444/S42 and alcohol licences. The applicant does not exist; - There has been antisocial behaviour from the Castle’s management to neighbouring residents; - The Human Right Law of article 8 the private and family life and article 1 protection of property. The Council has a duty and responsibility to ensure that human rights are maintained; - Once the marquee is removed, the site must be restored to its previous condition; - Disappointment that Historic Environment Scotland were minded to support moving the marquee to the west given the previous noise issues when there was a marquee here historically; - Concerns over the openness, transparency, and objectivity of the Planning Department and the availability of documents on the planning file, including the amount of redaction carried out and the consideration given to submissions by representors; There are also questions regarding whether the Council has been complicit in fraudulent activities in supporting previous applications with incorrect applicant details, non-compliance with conditions and liability should there be any accidents on site. Page 52 of 64
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Reference is also made to application 24/00195/DPP for the relocation of the marquee which is pending consideration. A legal opinion in relation to the submissions has also been submitted, however this relates to application 24/00195/DPP. Relevant Planning Policies: The development plan is comprised of National Planning Framework 4 (2023) and the Midlothian Local Development Plan 2017. The following policies are relevant to the proposal: National Planning Framework 4 (NPF4) - Policy 1 Tackling the climate and nature crises; sets out to encourage, promote and facilitate development that addresses the global climate emergency and nature crisis. - Policy 2 Climate mitigation and adaptation; sets out to encourage, promote and facilitate development that minimises emissions and adapts to the current and future impacts of climate change. - Policy 3 Biodiversity; sets out to protect biodiversity, reverse biodiversity loss, deliver positive effects from development and strengthen nature networks. - Policy 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 8 Green belts; sets out to encourage, promote and facilitate compact urban growth and use the land around our towns and cities sustainably. - 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 22 Flood risk and water management; sets out to strengthen resilience to flood risk by promoting avoidance as a first principle and reducing the vulnerability of existing and future development to flooding. - Policy 23 Health and Safety; sets out to protect people and places from environmental harm, mitigate risks arising from safety hazards and encourage, promote and facilitate development that improves health and wellbeing. - Policy 29 Rural development; sets out to encourage rural economic activity, innovation and diversification whilst ensuring that the distinctive character of the rural area and the service function of small towns, natural assets and cultural heritage are safeguarded and enhanced. - Policy 30 Tourism; sets out 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. The relevant policies of the 2017 Midlothian Local Development Plan are; ENV1 Protection of the Green Belt states development will not be permitted in the Green Belt except for proposals that: are necessary to agriculture, horticulture or forestry; or provide opportunities for access to the open countryside, outdoor sport or outdoor recreation which reduce the need to travel further afield; or are related to other uses appropriate to the rural character of the area; or provide for essential Page 53 of 64
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infrastructure; or form development that meets a national requirement or established need if no other site is available. Any development proposal will be required to show that it does not conflict with the overall objective of the Green Belt which is to maintain the identity and landscape setting of the City and Midlothian towns by clearly identifying their physical boundaries and preventing coalescence; ENV4 Prime Agricultural Land does not permit development that would lead to the permanent loss of prime agricultural land; ENV6 Special Landscape Areas states development proposals in such areas will only be permitted where they incorporate high standards of siting and design and where they will not have a significant adverse effect on the special landscape qualities of the area; ENV7 Landscape Character states that development will not be permitted where it significantly and adversely affects local landscape character. Where development is acceptable, it should respect such character and be compatible in terms of scale, siting and design. New development will normally be required to incorporate proposals to maintain the diversity and distinctiveness of the local landscapes and to enhance landscape characteristics where they have been weakened; ENV8 Protection of River Valleys states development within the river valley protection areas of the Rivers North Esk, South Esk and Tyne will not be permitted unless there is a specific locational need for the development, and where this is established, development must demonstrate that it will not have an adverse impact either on the landscape and conservation value of the valleys or impede potential public access opportunities; ENV14 Regionally and Locally Important Nature Conservation Sites states development which could affect the nature conservation interest of any sites or wildlife corridors of regional or local conservation importance, or any other site which is proposed or designated as of regional or local importance during the lifetime of the Plan, will not be permitted unless it meets particular criteria, including that the development has been sited and designed to minimise damage to the value of the site and compensation measures and the public interest to be gained for the proposed development can be demonstrated to clearly outweigh the nature conservation interest of the site; ENV18 Noise states 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; ENV20 Nationally Important Gardens and Designed Landscapes states development should protect, and where appropriate enhance, gardens and designed landscapes. Development will not be permitted which would harm the character, appearance and/or setting of a garden or designed landscape; and ENV22 Listed Buildings does not permit development which would adversely affect the character or appearance of a listed building, its setting or any feature of special architectural or historic interest. Page 54 of 64
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Historic Environment Policy for Scotland (HEPS) states that decisions affecting the historic environment should ensure that its understanding and enjoyment are secured for present and future generations. Changes should be managed in a way that protects the historic environment. Historic Environment Scotland - Managing Change in the Historic Environment Guidance Notes – Gardens and Designed Landscapes states that to ensure the most important gardens and designed landscapes survive, change should be managed to protect and, where appropriate, enhance the significant elements. Proposed development should seek to avoid significant adverse impact on Inventory sites. Where this is not practical, impacts should be mitigated by careful design. Development should avoid the more sensitive parts of an Inventory site. Historic Environment Scotland Managing Change in the Historic Environment Guidance Notes – Settings states the setting can be important to the way in which historic structures or places are understood, appreciated and experienced. It can often be integral to a historic asset’s cultural significance. 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. In terms of NPF4, the proposal is to retain an existing marquee on site until the end of the year, which would be 5 months from the date of this report. While the site is within the Green Belt, the proposal relates to an existing, long established hotel use and is relatively close to public transport. The introduction of a new marquee at the site may be contrary to the aims of NPF4 in terms of sustainability, given the nature and fabric of such a structure. However, in this instance the proposal is to retain an existing marquee until the end of the calendar year, which would have limited impact on the sustainability as compared to the existing situation. In this specific circumstance, the proposal does not conflict with the aims of NPF4 to such an extent so as to warrant refusal on these grounds. The two main issues raised as a result of this planning proposal are the impact the marquee has on the setting of the A listed building and the associated designed landscape, and the potential noise impact upon the residential amenity of neighbouring occupants. Due to its position of the marquee to the front of the principle view of the listed building, the marquee has a significant detrimental impact upon the setting of the Castle and the designed landscape. The marquee has been sited to limit the impact on the amenity of nearby residents and mitigate for noise concerns rather than address the significant adverse impact it has on its sensitive surroundings. This siting of the marquee was considered acceptable in previous applications for a temporary period only, where it was accepted this is a working hotel with a commercial leisure use and that the marquee is not a permanent fixture. A temporary permission allowed time for a suitable permanent solution to be found. Page 55 of 64
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The current application seeks to retain the marquee until the end of 2024 to allow the consideration of an application for a relocated marquee to the other side of the Castle. The applicant states the events element is vital in the operation of the wider site and there is a business case to maintain this use whilst considering a more suitable, appropriate and permanent solution. They make reference to being new managers of the site and that they are refurbishing the Castle to improve the business and increase local employment and relationships with local businesses. They also make reference to the Covid-19 pandemic which resulted in closure of the Castle for a time. These comments are very similar to the applicant’s justification for the previous application for a temporary extension for the retention of the marquee, submitted in June 2022, and to those given by previous applicants (with the exception of reference to the pandemic). While the Planning Authority were sympathetic to this during the assessment of the application in June 2022, given the unique circumstances as a result of the pandemic, there has been limited effort by the applicant to resolve the concerns previously raised by the Planning Authority and Historic Environment Scotland. While there were some discussions about a solution around the time the 2022 application was being considered, these did not progress beyond September 2022. There was an approach by the applicant with an alternative scheme in August 2023 and the Planning Authority advised them to submit a pre-application enquiry for further discussion and full consideration but this was never submitted. The applicant has been aware of these concerns since at least June 2022 and so has had ample time to investigate a suitable, more permanent, alternative solution to the marquee. While there were some discussions around this time to find a suitable alternative, which indicated a commitment to finding a permanent solution and gave the Planning Authority some comfort that the issue was being taken seriously by the applicant who recognises the current situation is unacceptable as a long term solution, this has clearly not been furthered. This has not been done despite it being clear that the current situation was not going to be supported after the most recent application in 2022. The temporary marquee has now been in place for 10 years. While there is an application currently under consideration for the relocation of the marquee to the other side the Castle, this was submitted after the current temporary application was submitted. If the applicant was serious about removing the existing marquee, alternative plans should have been submitted before a further temporary application was necessary so that a suitable alternative scheme was in place for the expiry of the most recent approval at the end of 2023. The concerns over the position of the marquee are maintained by both the Planning Authority and Historic Environment Scotland as, whilst the economic justification is appreciated, the detrimental impact this has on the character, appearance and historic value of this nationally significant A listed building and designed landscape is of paramount importance. The applicant has had ample opportunity to prepare and implement a suitable alternative proposal to address these concerns but has not. The retention of the existing marquee has a significant adverse impact on the setting of this A listed Castle, the surrounding designed landscape and special landscape area. It’s further retention, even until the end of 2024, is not acceptable. Page 56 of 64
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The other main consideration for the marquee is noise, as these types of structures generally do not provide as much attenuation as permanent buildings. The Castle is positioned between the marquee and the nearby houses which would be affected by noise and this, along with compliance with noise mitigation measures and conditions, appeared to have addressed any noise problems which were previously an issue when the marquee was elsewhere within the estate land. However, comments from representors state that noise from the marquee remains an issue. The Senior Manager Protective Services has not raised any concerns over the temporary retention of the marquee provided conditions attached to the most recent approval are in force. This included restrictions on the position of the marquee, the position of any band within the marquee, the inclusion of a sound board, use of a sound limiter, a restriction on hours of operation and noise limits, as well as a restriction on any playing of music, amplified or live music outwith the marquee structure. Given that the Senior Manager Protective Services has considered the submission, including the representors’ comments about noise, and not raised any objection to the proposal, there appears to be no reason to refuse the proposed retention of the marquee for a temporary period in terms of noise. Should the proposal be approved, it would be appropriate to ensure any permission contains similar conditions to ensure that this remains the case for the previous application. The Senior Manager Neighbourhood Services (Roads) was consulted but did not provide comment. They did make comment on the previous application for the marquee on site, stating they had no objection. The site is within the Green Belt, however the proposal is ancillary to the hotel which is a long established and acceptable use within the Green Belt. Policy ENV8 seeks to ensure there is a reason for locating development within the river valley. While the proposal is required due to the association with the existing hotel, as detailed above its retention would have an adverse impact on the landscape and conservation value of the valley and so this does not comply with policy. The site is within an area covered by a Tree Preservation Order however the location of the marquee will not threaten the welfare of any protected trees. The proposal being considered in this application has not resulted in the loss of any trees. The site is designated as a local wildlife site, however the location of the marquee on a piece of formal lawn next to the car park and will not have any adverse impact upon wildlife. The Council’s Biodiversity consultant has not raised any concerns over the impact of the proposal on protected species. Had the application been for a new marquee to be erected, there may have been a requirement for ecology surveys to be submitted. However, the proposal to retain the existing marquee on site until the end of 2024 does not require any ecology surveys. Page 57 of 64
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The site is also within an area designated as prime agricultural land, however this is currently in use as a formal lawn in association with a Castle and so the proposal will not result in the permanent loss of prime agricultural land. The following addresses representor comments not addressed above. The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 requires that applications must include the name and address of the applicant and, where an agent is acting on behalf of the applicant, the name and address of that agent. The applicant is also required to give notice to any person, other than the applicant, who at the beginning of the prescribed period is the owner of any land to which the application relates or an agricultural tenant. The applicant must issue a certificate stating that they have given notice to every person in this circumstance. The application includes the name and address of the applicant. This also confirms that the notices have been served on the landowner that the application has been submitted. The case officer has queried with the agent that these details are correct, given the comments made by representors. The agent has confirmed that these details are correct. The case officer has also investigated land ownership and concluded that the stated ownership broadly aligns with the information the Council holds. Given this, the requirements of the relevant regulations have been satisfactorily addressed to allow this application to be assessed. It is the responsibility of the applicant to ensure that the correct permissions are in place before works begin and are operational. Planning permission goes with the land rather than the applicant, unless otherwise stated in conditions. The Planning Authority redacts sensitive information from documents which are publicly available to view. This includes personal contact details, signatures, references to health issues and children, as well as references to protected species. Any redaction carried out on the documents on file are in line with this approach and considered necessary. All information is considered in the assessment of the application. Where this relates to material planning considerations or not material to the assessment of applications, this is clarified in reports of handling, ie this document. The planning authority assesses planning applications openly and in line with the relevant regulations. The marquee on site has the same footprint as that approved in 2014 but is slightly lower, 3.6 metres high rather than 5.1 metres. There are fewer glazed sections in the marquee on site compared to that approved in 2014. Antisocial behaviour is not a matter than can be considered by the planning authority and would be a matter for the police. In terms of concerns raised regarding impact upon human rights, it is noted that the proposal is assessed in terms of impact upon neighbour amenity, in particular noise, Page 58 of 64
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and it is concluded that the proposal will not result in a harmful loss of neighbour amenity should the conditions recommended by the Senior Manager Protective Services be implemented. Recommendation: Refuse planning permission. Page 59 of 64
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Refusal of Planning Permission Town and Country Planning (Scotland) Act 1997 Reg. No. 24/00206/S42 APT Planning and Development 1 West Road Whitekirk EH42 1XA Midlothian Council, as Planning Authority, having considered the application by The Original Collection, C/o APT Planning & Development, 1 West Road, Whitekirk, EH42 1XA, which was registered on 25 March 2024 in pursuance of their powers under the above Acts, hereby refuse permission to carry out the following proposed development: Amendment to condition 1 of planning permission 22/00444/S42 (to extend duration of temporary permission for erection of marquee) at Melville Castle, Lasswade, EH18 1AP in accordance with the application and the following documents/drawings: Document/Drawing. Drawing No/Scale Dated Site Plan A(01)001 H 1:500 1:200 22.03.2024 Proposed floor plan A(01)002 H 1:100 22.03.2024 Proposed elevations A(03)001 G 1:100 22.03.2024 The reasons for the Council's decision are set out below: 1. The temporary retention of the marquee will have a significant adverse impact on the setting and character of the A listed Melville Castle, the surrounding designed landscape, special landscape area and river valley. 2. For the above reason, the proposal is contrary to policies ENV6, ENV7, ENV8, ENV20 and ENV22 of the adopted Midlothian Local Development Plan 2017 and Policies 7, 14 and 29 of the National Planning Framework 4. Dated 18 / 7 / 2024 …………………………….. Duncan Robertson Lead Officer – Local Developments Fairfield House, 8 Lothian Road, Dalkeith, EH22 3ZN Appendix D Page 60 of 64
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Any Planning Enquiries should be directed to: Planning and Local Authority Liaison Direct Telephone: 01623 637 119 Email: planningconsultation@coal.gov.uk Website: www.gov.uk/coalauthority Development Low Risk Area- STANDING ADVICE The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is also available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority Standing Advice valid from 1st January 2023 until 31st December 2024 Page 61 of 64
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Appendix E Page 62 of 64
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