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Agenda Document Pack - Local Review Body - 24/03/2025

Midlothian Council · 24 March 2025
Back to Local Review Body — 24 March 2025 and its agenda

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Page 1

Notice of Meeting and Agenda
Local Review Body
Venue: Council Chambers/Hybrid,
Midlothian House, Dalkeith, EH22 1DN
Date: Monday, 24 March 2025
Time: 13:00
Executive Director : Place
Contact:
Clerk Name: Democratic Services
Clerk Telephone:
Clerk Email: democratic.services@midlothian.gov.uk
Further Information:
This is a meeting which is open to members of the public.
Privacy notice: Please note that this meeting may be recorded. The
recording may be publicly available following the meeting. If you would
like to know how Midlothian Council collects, uses and shares your
personal information, please visit our website: www.midlothian.gov.uk
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1          Welcome, Introductions and Apologies
2          Order of Business
Including notice of new business submitted as urgent for consideration at the
end of the meeting.
3          Declaration of Interest
Members should declare any financial and non-financial interests they have in
the items of business for consideration, identifying the relevant agenda item
and the nature of their interest.
4          Minute of Previous Meeting
4.1 Minute of meeting of Local Review Body 16 December 2024
submitted for approval
3 - 6
5          Public Reports
Notice of Reviews - Determination Reports by Chief Officer Place
5.1 24/00608/DPP –  28 Sherwood Terrace, Bonnyrigg (written
submissions – no oral representations at the meeting)
7 - 26
5.2 24/00611/DPP –  19 Edmonstone Drive, Danderhall (written
submissions – no oral representations at the meeting)
27 - 48
6          Private Reports
No items for discussion
7          Date of Next Meeting
The next meeting will be held on Monday 12 May 2025 at 10.00 am.
Plans and papers relating to the applications on this agenda can also be
viewed at https://planning-applications.midlothian.gov.uk/OnlinePlanning
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Minute of Meeting 
Local Review Body
Monday 24 March 2025
Item No 4.1 
Local Review Body 
Date Time Venue
Monday 16 December 2024 13:00 Council Chambers/Hybrid 
Present: 
Councillor Imrie (Chair) Councillor McEwan
Councillor Alexander (Virtual) Councillor McManus
Councillor Bowen Councillor Milligan
Councillor Cassidy Councillor Smaill 
In Attendance: 
Councillor Pottinger
(Virtual) 
Kevin Anderson Executive Director Place 
Peter Arnsdorf Planning, Sustainable Growth and Investment Manager
Derek Oliver Chief Officer Place
Iina Jaara Democratic Services Team Leader
Louise Middleton Democratic Services Officer   
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1 Welcome, Introductions and Apologies 
The Chair welcomed everyone to the meeting of the Local Review Body (LRB).
Apologies were received from Councillor Drummond and Councillor Virgo. 
2 Order of Business 
The order of business was as outlined in the agenda. 
3 Declarations of interest 
Councillor Bowen declared they are a patron of Melville Golf Club which was
noted for transparency. 
No other declarations of interest were intimated at this stage of the proceedings. 
4 Minute of Previous Meeting 
The Minute of the Planning Meeting of 13 November 2024 was submitted and
approved as the correct record.   
5 Reports 
Agenda No Report Title Presented by:
5.1 24/00412/DPP - Land at South Melville
Farm, Melville Dykes
Road, Lasswade
Planning, Sustainable
Growth and
Investment Manager
Outline of report and summary of discussion
The Planning, Sustainable Growth and Investment Manager presented the report
which provides a framework for the LRB to consider a ‘Notice of Review’ for the
erection of 11 lodges and associated works at land at South Melville Farm, Melville
Dykes Road, Lasswade.
It is recommended that the LRB:
a) determine the review; and
b) the Planning Advisor draft and issue the decision of the LRB through the Chair.
The Chair thanked the Planning, Sustainable Growth and Investment Manager for the
report and advised the applicant of the process that will follow. 
Elected Members highlighted their concern that the applicant stated the site was in a
green belt and allowing planning permission would result in la loss of more green belt
land. Whilst the area was not important to the environment this would result in creating
more grey belt land.
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The Planning, Sustainable Growth and Investment Manager confirmed the site is in a
green belt and advised that if there was a wish to change boundaries this would have
to go through the planning policy. The National Performance Framework (NPF) 4,
adopted in February 2023, did not mention grey land so this can be put to one side.
Merits of green belt sites can be considered for individual applications or the Council
could consider within the overall local planning process. Each case should be
considered by its own merit.
Elected Members confirmed that having viewed the site they did not believe the site
was one of natural beauty or an area that needed preservation and is currently used
as dumping ground and burning site. There was an issue raised about the suitability
of drainage for the application.
The Planning, Sustainable Growth and Investment Manager confirmed that the septic
tank was on the other side of the road which is for the unoccupied dry house. The plan
mentions connecting to this. The Planning, Sustainable Growth and Investment
Manager noted there is an issue around drainage and the Council would expect
solutions for this going forward, and this site cannot go ahead without drainage in
place. 
Elected Members were concerned that the application for use of houses as holiday
accommodation may not always be adhered to and houses may become someone's
permanent residence. Elected Members asked how this can be prevented. Elected
Members also asked what the cost to Midlothian Council would be if properties were
residential in terms of aspects like adopting the road and bin collections
The Planning, Sustainable Growth and Investment Manager confirmed that when
granting planning permission there would be a limit set to activity on properties which
is a standard approach for this type of development. There would be a condition that
properties would not be primary residences and people could not live in the properties
for more than 4 weeks. If once built the applicant wanted to change the use of the
properties, they would need to apply for planning permission, and a decision would
have to be made if this was appropriate. 
Elected Members felt the land could not be used for much else and was better not left
as a waste site. 
Elected Members noted that there did not appear to be another use for this land other
than possibly planting. They were unsure on what scale this will attract golfers at
Melville or other tourists. They supported the idea subject to drainage, water supply
and road access. 
A vote was taken and two Elected Members voted to dismiss the appeal whilst four
Elected Members voted to uphold the review and grant planning permission.
The Chair advised that the appeal has been upheld with subject to the conditions in
the report.
The report was moved to grant planning permission by Councillor Cassidy and
seconded by Councillor Smaill.  
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Page 6

Decision
The Local Review Body granted the planning application subject to the conditions in
the report. 
6. Private Reports 
No private business was discussed. 
7. Date of Next Meeting 
The next meeting is scheduled for Monday 3 February 2025 at 13:00. The
meeting terminated at 13:19.
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Local Review Body
Monday 24 March 2025
Item No 5.1
Notice of Review: 28 Sherwood Terrace, Bonnyrigg
Determination Report
Report by Chief Officer Place
1 Purpose of Report
1.1 The purpose of this report is to provide a framework for the Local
Review Body (LRB) to consider a ‘Notice of Review’ for the formation of
driveway and access route across area of public open space at 28
Sherwood Terrace, Bonnyrigg.
2 Background
2.1 Planning application 24/00608/DPP for the formation of driveway and
access route across area of public open space at 28 Sherwood
Terrace, Bonnyrigg was refused planning permission on 10 December
2024; a copy of the decision is attached to this report.  
2.2 The review has progressed through the following stages:
1 Submission of Notice of Review by the applicant.
2 The Registration and Acknowledgement of the Notice of Review.
3 Carrying out Notification and Consultation.
3 Supporting Documents
3.1 Attached to this report are the following documents:
• A site location plan (Appendix A);
• A copy of the notice of review form and supporting statement
(Appendix B). Any duplication of information is not attached;
• A copy of the case officer’s report (Appendix C);
• A copy of the decision notice, excluding the standard advisory
notes, issued on 10 December 2024 (Appendix D); and
• A copy of the key plans/drawings (Appendix E).
3.2 The full planning application case file and the development plan
policies referred to in the case officer’s report can be viewed online via
www.midlothian.gov.uk. 
4 Procedures
4.1 In accordance with agreed procedures, the LRB:
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• Have determined to undertake a site visit (only elected members
attending the site visit can participate in the determination of the
review); and
• Have determined to progress the review by written submissions.
4.2 The case officer’s report identified that there were two consultation
responses, and one representation received (all objections).  As part of
the review process the interested parties were notified of the review –
no additional comments have been received.  All comments can be
viewed online on the electronic planning application case file.
4.3 The next stage in the process is for the LRB to determine the review in
accordance with the agreed procedure:
• Identify any provisions of the development plan which are relevant
to the decision;
• Interpret them carefully, looking at the aims and objectives of the
plan as well as detailed wording of policies;
• Consider whether or not the proposal accords with the
development plan;
• Identify and consider relevant material considerations for and
against the proposal;
• Assess whether these considerations warrant a departure from the
development plan; and
• State the reason/s for the decision and state any conditions
required if planning permission is granted.
4.4 In reaching a decision on the case the planning advisor can advise on
appropriate phraseology and on appropriate planning reasons for
reaching a decision. 
4.5 Following the determination of the review the planning advisor will
prepare a decision notice for issuing through the Chair of the LRB.  A
copy of the decision notice will be reported back to the LRB for noting.
4.6 A copy of the LRB decision will be placed on the planning authority’s
planning register and made available for inspection online. 
5 Conditions
5.1 In accordance with the procedures agreed by the LRB at its meeting of
20 June 2022, and without prejudice to the determination of the review,
the following conditions have been prepared for the consideration of
the LRB if it is minded to uphold the review and grant planning
permission.
1. The development to which this permission relates shall commence
no later than the expiration of three years beginning with the date
of this permission.
Reason: To accord with the provisions of Section 58 of the Town
and Country Planning (Scotland) Act 1997 (as amended by the
Planning (Scotland) Act 2019).
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2. The two trees within the area of open space immediately to the
northeast of the application property shall not be felled or damaged.
An arboricultural method statement detailing measures for
protection of these trees during the installation of the new grass
block pavers in the open space shall be submitted to the planning
authority and no work shall start within the area of open space until
these details have been approved in writing by the planning
authority.
3. Any temporary protective fencing approved in terms of condition 2
shall be erected before any work on the development his begun,
including site clearance, and shall be retained until the
development is completed.  Within the area enclosed by the
fencing there shall be no movement of machinery, excavation, no
removal of soil, no placing of additional soil, no storage of any kind,
disposal of any waste or fires lit.
4. Either of the trees referred to in condition 2 that die, suffer from
severe die back or are severely damaged within five years of the
vehicular access within the area of open space being completed or
brought into use, whichever is the earlier, shall be replaced
with trees of such size and species and in a position and within a
timescale to be agreed in writing by the planning authority.
5. Prior to the vehicular access and driveway being brought into use
the proposed access over the existing grassed area shall be
surfaced in grass seeded pavers.
Reason for conditions 2-5:  In order to protect the visual amenity
of the area and biodiversity.
6. Prior to the vehicular access being brought into use a dropped kerb
footway crossing shall be constructed at the vehicle entrance.
Reason: In the interests of road safety and the free flow of traffic.
7. The driveway within the front garden of the application property
shall be a minimum of 5m long as measured from the heel of the
pavement.
Reason:  In order that a car can be safely parked off the public
highway.
8. Any gates to the driveway within the front garden of the application
property shall be so designed and installed as to only open
inwards.
Reason: To ensure gates do not open over the pavement; to
ensure no hazard is caused to pedestrians using the footway.
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6 Recommendations
6.1 It is recommended that the LRB:
a) determine the review; and
b) the planning advisor draft and issue the decision of the LRB
through the Chair
Peter Arnsdorf
Planning, Sustainable Growth and Investment Manager
Date:   14 March 2025
Report Contact: Ingrid Forteath – Planning Officer
Ingrid.Forteath@midlothian.gov.uk
Background Papers: Planning application 24/00608/DPP available for
inspection online
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N
Midlothian Council
Fairfield House
8 Lothian Road
Dalkeith, EH22 3AA
Reproduced from the Ordnance Survey map with the
permission of the controller of Her Majesty's Stationary Office.
Crown copyright reserved. Unauthorised reproduction infringes
Crown copyright and may lead to prosecution or civil
proceedings.
Planning Service
Place Directorate
Grass Area Subject to Proposal
Midlothian Council Licence No. AC0000811376 (2025)
Formation of driveway and formation of access route
across area of public open space
28 Sherwood Terrace, Bonnyrigg
File No. 24/00608/DPP
Scale 1:300
Appendix A
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Page 1 of 5
Fairfield House 8 Lothian Road Dalkeith EH22 3ZN  Tel: 0131 271 3302  Fax: 0131 271 3537  Email: planning-
applications@midlothian.gov.uk
Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid.
Thank you for completing this application form:
ONLINE REFERENCE 100700103-001
The online reference is the unique reference for your online form only. The  Planning Authority will allocate an Application Number when
your form is validated. Please quote this reference if you need to contact the planning Authority about this application.
Applicant or Agent Details
Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting
on behalf of the applicant in connection with this application)  Applicant  Agent
Agent Details
Please enter Agent details
Company/Organisation:
Ref. Number: You must enter a Building Name or Number, or both: *
First Name: * Building Name:
Last Name: * Building Number:
Address 1
Telephone Number: * (Street): *
Extension Number: Address 2:
Mobile Number: Town/City: *
Fax Number: Country: *
Postcode: *
Email Address: *
Is the applicant an individual or an organisation/corporate entity? *
 Individual  Organisation/Corporate entity
JAMES BROWN ARCHITECTURAL SERVICES
JAMES
BROWN
POLTON STREET
47
47
01316605548
EH19 3DD
United Kingdom
BONNYRIGG
james.brown665@outlook.com
Appendix B
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Page 2 of 5
Applicant Details
Please enter Applicant details
Title: You must enter a Building Name or Number, or both: *
Other Title: Building Name:
First Name: * Building Number:
Address 1
Last Name: * (Street): *
Company/Organisation Address 2:
Telephone Number: * Town/City: *
Extension Number: Country: *
Mobile Number: Postcode: *
Fax Number:
Email Address: *
Site Address Details
Planning Authority:
Full postal address of the site (including postcode where available):
Address 1:
Address 2:
Address 3:
Address 4:
Address 5:
Town/City/Settlement:
Post Code:
Please identify/describe the location of the site or sites
Northing Easting
Mr
28 SHERWOOD TERRACE
ANDREW
Midlothian Council
WILSON SHERWOOD TERRACE
28
BONNYRIGG
EH19 3LA
EH19 3LA
MIDLOTHIAN
664785
BONNYRIGG
331257
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Page 3 of 5
Description of Proposal
Please provide a description of your proposal to which your review relates. The description should be the same as given in the
application form, or as amended with the agreement of the planning authority: *
(Max 500 characters)
Type of Application
What type of application did you submit to the planning authority? *
 Application for planning permission (including householder application but excluding application to work minerals).
 Application for planning permission in principle.
 Further application.
 Application for approval of matters specified in conditions.
What does your review relate to? *
 Refusal Notice.
 Grant of permission with Conditions imposed.
 No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal.
Statement of reasons for seeking review
You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement
must set out all matters you consider require  to be taken into account in determining your review. If necessary this can be provided as a
separate document in the ‘Supporting Documents’ section: *  (Max 500 characters)
Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce
all of the information you want the decision-maker to take into account.
You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at
the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that
time or that it not being raised before that time is a consequence of exceptional circumstances.
Have you raised any matters which were not before the appointed officer  at the time the  Yes  No
Determination on your application was made? *
If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before
your application was determined and why you consider it should be considered in your review: * (Max 500 characters)
FORMATION OF DRIVEWAY AND FORMATION OF ACCESS ROUTE ACCROSS AREA OF PUBLIC OPEN SPACE
i CONSIDER THAT ALL THE CONDITIONS GIVEN BY THE COUNCIL PRIOR TO THE NEGATIVE DECISION WERE
ADRESSED AS SHOWN ON THE DRAWINGS. ALSO THERE IS, PRIOR TO THE APPLICATION A NUMBER OF SIMILAR
DRIVEWAYS CROSSING PUBLIC OPEN SPACES AND PAVEMENTS ALL OVER BONNYRIGG, MOST NOTABLY ACCROSS
THE ROAD TO NUMBER 21. MY CLIENT IS ALSO A BLUE BADGE HOLDER SO PARKING CLOSE TO HIS HOUSE IS
IMPERATIVE, ALSO THE PROPOSAL AND MATERIALS ARE CHOSEN TO GIVE MAXIMUM PROTECTION TO THE EX.
TREE ROOTS AND THEENVIRONMENT.
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Page 4 of 5
Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend
to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters)
Application Details
Please provide the application reference no. given to you by your planning
authority for your previous application.
What date was the application submitted to the planning authority? *
What date was the decision issued by the planning authority? *
Review Procedure
The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review
process require that further information or representations be made to enable them to determine the review. Further information may be
required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or
inspecting the land which is the subject of the review case.
Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other
parties only,  without any further procedures? For example, written submission, hearing session, site inspection. *
 Yes  No
In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion:
Can the site be clearly seen from a road or public land? *  Yes  No
Is it possible for the site to be accessed safely and without barriers to entry? *  Yes  No
Checklist – Application for Notice of Review
Please complete the following checklist to make sure  you have provided all the necessary information in support of your appeal. Failure
to submit all this  information may result in your appeal  being deemed invalid.
Have you provided the name and address of the applicant?.  *  Yes  No
Have you provided the date and reference number of the application which is the subject of this  Yes  No
review? *
If you are the agent, acting on behalf of the applicant, have you provided details of your name  Yes  No  N/A
and address and indicated whether any notice or correspondence required in connection with the
review should be sent to you or the applicant? *
Have you provided a statement setting out your reasons for requiring a review and by what  Yes  No
procedure (or combination of procedures) you wish the review to be conducted? *
Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider
require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review
at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely
on and wish the Local Review Body to consider as part of your review.
Please attach a copy of all documents, material and evidence which you intend to rely on  Yes  No
(e.g. plans and Drawings) which are now the subject of this review *
Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a
planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the
application reference number, approved plans and decision notice (if any) from the earlier consent.
NONE
24/00608/DPP
01/12/2024
04/10/2024
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Page 5 of 5
Declare – Notice of Review
I/We the applicant/agent certify that this is an application for review on the grounds stated.
Declaration Name: Mr JAMES BROWN
Declaration Date: 31/01/2025
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Page 17

MIDLOTHIAN COUNCIL 
DEVELOPMENT MANAGEMENT 
PLANNING APPLICATION DELEGATED WORKSHEET: 
Planning Application Reference:24/00608/dpp 
Site Address: 28 Sherwood Terrace, Bonnyrigg 
Site Description:
The application property comprises a mid terraced 2 storey dwellinghouse and its
associated garden located within a residential area.  There is an area of public open
space in front of the property with a parking layby to the east of this. 
Proposed Development:
Formation of driveway and formation of access route across area of public open
space 
Proposed Development Details:
It is proposed to form a drop kerb at the southern corner of the layby to the east of
the application property.  It is also proposed to form a vehicular access across the 
area of public open space measuring a maximum of 10.6m long by 2.3m wide to be
surfaced in grass block pavers to serve a proposed driveway occupying the whole of
the  front garden of the application property which is to be surfaced in permeable
mono block paving.   
Background (Previous Applications, Supporting Documents, Development
Briefs):
History sheet checked. 
The applicant submitted a pre-application enquiry in relation to the proposed works
and was advised of concerns regarding the impact of the proposal on the grass area
and possibly the roots of the trees within this area with a consequent impact on the
visual amenity of the area and biodiversity in the event of the loss of the tree
resulting from damage related to the construction and use of the access route.  They
were also advised of concern regarding pedestrian safety as a result of the vehicular
access being taken over a section of pavement which serves a number of
properties.   Also they were advised that it was unlikely that the planning application
would be supported. 
The agent has advised that  the proposed pavers are porous and the concrete will
protect the tree roots and that they are designed to allow grass to grow through over
the affected public area of open space to maintain the visual amenity. He also states
that the car will not be back and forward like  on a main road and other pavement
user will have a wide range of sight to see a moving vehicle. He also states that
there is  very similar driveway cutting over the grass at no. 21 Sherwood Terrace. 
The agent has advised the following in relation to policy 1 of NPF4:works to be
carried out using local labour and locally sourced materials; concrete grass pavers
are proposed to prevent damage to tree roots and to allow drainage and retain the
Appendix C
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grass; and permeable monoblock is proposed within the front garden to allow natural
drainage. 
Consultations:
The Senior Manager Neighbourhood Services (Roads) – has advised that the
proposal is unacceptable in terms of road safety.  The following comments have
been provided: 
• it is illegal for a motorised vehicle to run along a public footway.  Running
across a footway is permitted by issue of a permit from the Roads Authority if
the location is deemed suitable.  In this case, it appears access would require
running along the footway which is not permitted and the drop kerb is not in
front of the proposed driveway; 
• risk that vehicles could be parked, or another vehicle parked on the grass
blocks;   
• potential unsafe use of the footpath creating an unexpected vehicle-
pedestrian conflict.  It could also set a precedence in the area for using
grassed areas and footpaths to create a private driveway; and 
• there appears to be ample parking at the rear of the property. 
Council’s Land Resources Manager – comments that the  proposal would impact on
aesthetics of the area: approval could set a precedent for similar proposals impacting
on the area of open space: and mentions the impact on the outlook from neighbours.  
Representations:
One representation has been received in relation to the application objecting to the
proposal on the following grounds:
• Children regularly play in this area;
• There is adequate parking at the front and rear of the property;
• Approval would set a precedent for other driveways resulting in the loss of the
public open space to a car park;
• Impact on property value:
• Noise pollution;
• A driveway could be created at the rear of the application property;
• There are 2 established trees in the area of public open space; and 
• Impact on outlook from neighbouring properties. 
Relevant Planning Policies: 
Planning policy currently comprises National Planning Framework 4 and the adopted
Midlothian Local Development Plan 2017. The following policies are relevant to the
proposal: 
NPF4 
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Policy 1 Tackling the climate and nature crises
When considering all development proposals significant weight will be given to the
global climate and nature crises. 
Policy 3  Biodiversity
a) Development proposals will contribute to the enhancement of biodiversity,
including where relevant, restoring degraded habitats and building and strengthening
nature networks and the connections between them. Proposals should also integrate
nature-based solutions, where possible. 
d) Any potential adverse impacts, including cumulative impacts, of development
proposals on biodiversity, nature networks and the natural environment will be
minimised through careful planning and design. This will take into account the need
to reverse biodiversity loss, safeguard the ecosystem services that the natural
environment provides, and build resilience by enhancing nature networks and
maximising the potential for restoration. 
Policy 6 – Forestry, woodland and trees
b) Development proposals will not be supported where they will result in:
ii. Adverse impacts on native woodlands, hedgerows and individual trees of high
biodiversity value, or identified for protection in the Forestry and Woodland Strategy 
Policy 14 Design, quality and place
a) Development proposals will be designed to improve the quality of an area whether
in urban or rural locations and regardless of scale. 
c) Development proposals that are poorly designed, detrimental to the amenity of the
surrounding area or inconsistent with the six qualities of successful places, will not
be supported. 
Policy 16  Quality homes
g) Householder development proposals will be supported where they: 
i. do not have a detrimental impact on the character or environmental quality of the
home and the surrounding area in terms of size, design and materials; and 
ii. do not have a detrimental effect on the neighbouring properties in terms of
physical impact, overshadowing or overlooking. 
h) Householder development proposals that provide adaptations in response to risks
from a changing climate, or relating to people with health conditions that lead to
particular accommodation needs will be supported. 
The relevant policy of the Midlothian Local Development Plan 2017 is; 
DEV2 – Protecting amenity within the built-up area - seeks to protect the character
and amenity of the built-up area. 
ENV11 – Woodland, Trees and Hedges states that development will not be
permitted where it could lead directly or indirectly to the loss of, or damage to,
woodland, groups of trees (including trees covered by a Tree Preservation Order,
areas defined as ancient or semi-natural woodland, veteran trees or areas forming
part of any designated landscape) and hedges which have a particular amenity,
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nature conservation, biodiversity, recreation, landscape, shelter, cultural, or historical
value or are of other importance. 
It is noted that policy DP6 House Extensions, from the now superseded 2008
Midlothian Local Plan, set out design guidance for new extensions requiring that they
are well designed in order to maintain or enhance the appearance of the house and
the locality. The policy guidelines contained in DP6 also relate to size of extensions,
materials, impact on neighbours and remaining garden area. It also states that front
porches to detached or semi-detached houses are usually acceptable provided they
project less than two metres out from the front of the house. It also allowed for novel
architectural solutions. The guidance set out within this policy has been successfully
applied to development proposals throughout Midlothian and will be reflected within
the Council’s Supplementary Guidance on Quality of Place which is currently being
drafted. 
Planning Issues:
The main planning issue to be considered is whether or not the proposal complies
with the development plan policies and, if not, whether there are any material
planning considerations which would otherwise justify approval.   
The affected area of public open space forms an integral part of the layout of this
part of Sherwood Terrace and contributes to the visual amenity of the area.  It adds
interest and enhances the appearance of the surrounding area providing an amenity
for both residents and passers by. Whilst concrete grass pavers are proposed the
installation  of the proposed vehicle access will have a direct impact on a small part
of the existing greenspace (presently amenity grass) and the Root Protection Area of
two trees within it with the potential to affect the long term health of the trees due to
possible compaction, although grass pavers may have a lesser effect than solid
paving, and during installation of the paving.  The proposed vehicular access route  
is only 1m from the trunk of one of the trees with the potential for conflict between
cars turning in to the drive and the tree.  It would also be difficult to prevent cars from
parking on the vehicular access.  The use of part of the public open space for
vehicular access and possibly for parking will detract from the character of this area
and loss of the trees would be detrimental to the visual amenity of the area and
biodiversity.   
Subject to alterations in ground levels within the front garden there is sufficient space
to park a car within the front garden without overhanging the pavement. 
The introduction of cars within the open space and potentially driving , including
reversing, along  the pavement presents a risk of conflict between pedestrians and
user of the public open space and cars to the detriment of road/pedestrian safety. 
The formation of the driveway will impact on the space available for parking within
the parking bay. 
There is  a parking layby to the east of the application property and a car parking
area at the rear to the north west.  The application property has been extended at
the rear with limited garden space.  It is appreciated that the applicant is   a blue
badge holder.  An option would be for the applicant to consider approaching the
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Page 21

Council in regard to the formation of a designated disabled parking space within the
layby. 
The agent has referred to a vehicular access serving no. 21 Sherwood Terrace.  This 
includes access along a former section of pavement and also reduces car parking
space on an adjacent layby. This has not been the subject of a planning application.
It does not cross an area of open space as per the current proposal and the section
of pavement over which cars would drive along only serves the property served by
the vehicular access.   
Any impact on property value is not a material planning consideration in the
assessment of the application.  Any noise arising from the use of the access ad
driveway would not be sufficient to warrant refusal of planning permission. 
Whilst each application is dealt with on its own merits if the current scheme was
approved it would be difficult to resist further similar proposals which would degrade
the visual amenity of the area further. 
Recommendation:
Refuse planning permission 
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Refusal of Planning Permission
Town and Country Planning (Scotland) Act 1997 
Reg. No.   24/00608/DPP 
James Brown
47 Polton Street
Bonnyrigg
EH19 3DD 
Midlothian Council, as Planning Authority, having considered the application by Mr Andrew
Wilson, 28 Sherwood Terrace, Bonnyrigg, EH19 3LA which was registered on 30
September 2024 in pursuance of their powers under the above Acts, hereby refuse
permission to carry out the following proposed development: 
Formation of driveway and formation of access route across area of public open
space at 28 Sherwood Terrace, Bonnyrigg, EH19 3LA 
in accordance with the application and the following documents/drawings: 
Document/Drawing. Drawing No/Scale Dated
Location Plan 2403/01A 1:1250 1:200 30.09.2024 
The reason(s) for the Council's decision are set out below: 
1. The proposed use as a vehicular access, and possibly being used for parking,
would detract from the appearance of the affected area of public open space which
adds interest and enhances the appearance of the surrounding area providing an
amenity for both residents and passersby.  
2. The proposal has the potential to have a direct impact on the root protection area of
two trees and physical conflict between vehicles with one of the trees within the
affected area of public open space with the loss of the trees being detrimental to the
visual amenity of the area and biodiversity.  
3. For the above reasons the proposal is contrary to policies 3, 14 and 16 of NPF4 and
DEV2 and ENV11 of the adopted Midlothian Local Development Plan 2017 which
seek to protect the amenity of the surrounding area and biodiversity.  
4. The introduction of cars within the open space and potentially driving along the
pavement presents a risk of conflict between pedestrians and user of the public
open space and pavement and cars and is not in the interest of road/pedestrian
safety. 
Dated    10 / 12 / 2024
Appendix D
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Page 23

……………………………..
Duncan Robertson
Lead Officer – Local Developments 
Fairfield House, 8 Lothian Road, Dalkeith, EH22 3ZN 
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Page 24

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
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Page 25

Appendix E
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Page 26

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Page 27

Local Review Body
Monday 24 March 2025
Item No 5.2
Notice of Review: 19 Edmonstone Drive, Danderhall
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
porch and two storey extension at 19 Edmonstone Drive, Danderhall.
2 Background
2.1 Planning application 24/00611/DPP for the erection of porch and two
storey extension at 19 Edmonstone Drive, Danderhall was refused
planning permission on 25 November 2024; a copy of the decision is
attached to this report.  
2.2 The review has progressed through the following stages:
1 Submission of Notice of Review by the applicant.
2 The Registration and Acknowledgement of the Notice of Review.
3 Carrying out Notification and Consultation.
3 Supporting Documents
3.1 Attached to this report are the following documents:
• A site location plan (Appendix A);
• A copy of the notice of review form and supporting statement
(Appendix B). Any duplication of information is not attached;
• A copy of the case officer’s report (Appendix C);
• A copy of the decision notice, excluding the standard advisory
notes, issued on 25 November 2024 (Appendix D); and
• A copy of the key plans/drawings (Appendix E).
3.2 The full planning application case file and the development plan
policies referred to in the case officer’s report can be viewed online via
www.midlothian.gov.uk. 
4 Procedures
4.1 In accordance with agreed procedures, the LRB:
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Page 28

• 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 no consultations were required,
and one representation has been received (objection).  As part of the
review process the interested party was notified of the review – no
additional comments have been received.  However, a neutral/support
letter from one of the neighbours is included in the applicants review
submission.  All comments can be viewed online on the electronic
planning application case file.
4.3 The next stage in the process is for the LRB to determine the review in
accordance with the agreed procedure:
• Identify any provisions of the development plan which are relevant
to the decision;
• Interpret them carefully, looking at the aims and objectives of the
plan as well as detailed wording of policies;
• Consider whether or not the proposal accords with the
development plan;
• Identify and consider relevant material considerations for and
against the proposal;
• Assess whether these considerations warrant a departure from the
development plan; and
• State the reason/s for the decision and state any conditions
required if planning permission is granted.
4.4 In reaching a decision on the case the planning advisor can advise on
appropriate phraseology and on appropriate planning reasons for
reaching a decision. 
4.5 Following the determination of the review the planning advisor will
prepare a decision notice for issuing through the Chair of the LRB.  A
copy of the decision notice will be reported back to the LRB for noting.
4.6 A copy of the LRB decision will be placed on the planning authority’s
planning register and made available for inspection online. 
5 Conditions
5.1 In accordance with the procedures agreed by the LRB at its meeting of
20 June 2022, and without prejudice to the determination of the review,
the following conditions have been prepared for the consideration of
the LRB if it is minded to uphold the review and grant planning
permission.
1. The development to which this permission relates shall commence
no later than the expiration of three years beginning with the date
of this permission.
Reason: To accord with the provisions of Section 58 of the Town
and Country Planning (Scotland) Act 1997 (as amended by the
Planning (Scotland) Act 2019).Page 28 of 48

Page 29

2. The external materials and finishes of the extension shall match
those on the existing building.
Reason: To ensure that the extension matches the external
appearance of the existing building and thereby maintains the
visual quality of the area.
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:   14 March 2025
Report Contact: Ingrid Forteath – Planning Officer
Ingrid.Forteath@midlothian.gov.uk
Background Papers: Planning application 24/00611/DPP available for
inspection online
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Page 30

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 (2025)
Erection of porch and two-storey extension
19 Edmonstone Drive, Danderhall, EH22 1QQ
File No. 24/00611/DPP
Scale 1:650
Appendix A
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Page 31

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 100686919-002
The online reference is the unique reference for your online form only. The  Planning Authority will allocate an Application Number when
your form is validated. Please quote this reference if you need to contact the planning Authority about this application.
Applicant or Agent Details
Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting
on behalf of the applicant in connection with this application)  Applicant  Agent
Agent Details
Please enter Agent details
Company/Organisation:
Ref. Number: You must enter a Building Name or Number, or both: *
First Name: * Building Name:
Last Name: * Building Number:
Address 1
Telephone Number: * (Street): *
Extension Number: Address 2:
Mobile Number: Town/City: *
Fax Number: Country: *
Postcode: *
Email Address: *
Is the applicant an individual or an organisation/corporate entity? *
 Individual  Organisation/Corporate entity
Lothian Plans
Stephen
Lothian
Laidlaw Gardens
18
07960366691
EH33 2QH
Scotland
Tranent
stephen@lothianplans.com
Appendix B
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Page 32

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
Mr
19 EDMONSTONE DRIVE
Blair
Midlothian Council
Hamilton
DANDERHALL
Edmonstone Drive
19
DALKEITH
EH22 1QQ
EH22 1QQ
Scotland
669514
Dalkeith
330859
Danderhall
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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)
Double storey side extension with front porch
See supporting statement provided
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Page 4 of 5
Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend
to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters)
Application Details
Please provide the application reference no. given to you by your planning
authority for your previous application.
What date was the application submitted to the planning authority? *
What date was the decision issued by the planning authority? *
Review Procedure
The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review
process require that further information or representations be made to enable them to determine the review. Further information may be
required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or
inspecting the land which is the subject of the review case.
Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other
parties only,  without any further procedures? For example, written submission, hearing session, site inspection. *
 Yes  No
In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion:
Can the site be clearly seen from a road or public land? *  Yes  No
Is it possible for the site to be accessed safely and without barriers to entry? *  Yes  No
Checklist – Application for Notice of Review
Please complete the following checklist to make sure  you have provided all the necessary information in support of your appeal. Failure
to submit all this  information may result in your appeal  being deemed invalid.
Have you provided the name and address of the applicant?.  *  Yes  No
Have you provided the date and reference number of the application which is the subject of this  Yes  No
review? *
If you are the agent, acting on behalf of the applicant, have you provided details of your name  Yes  No  N/A
and address and indicated whether any notice or correspondence required in connection with the
review should be sent to you or the applicant? *
Have you provided a statement setting out your reasons for requiring a review and by what  Yes  No
procedure (or combination of procedures) you wish the review to be conducted? *
Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider
require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review
at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely
on and wish the Local Review Body to consider as part of your review.
Please attach a copy of all documents, material and evidence which you intend to rely on  Yes  No
(e.g. plans and Drawings) which are now the subject of this review *
Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a
planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the
application reference number, approved plans and decision notice (if any) from the earlier consent.
- Photographic examples of similar extensions in the area - Supporting statement  - Letter from next door neighbour
24/00611/dpp
25/11/2024
27/09/2024
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Page 5 of 5
Declare – Notice of Review
I/We the applicant/agent certify that this is an application for review on the grounds stated.
Declaration Name: Mr Stephen Lothian
Declaration Date: 20/01/2025
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Page 36

Ref: 24/00611/dpp
16 December 2024
19 Edmonstone Drive
Danderhall
Midlothian
EH22 1QQ
Dear local review body
Thank you for taking the time to hear our appeal regarding the above property.
We started this planning application with the intention of adding more space to our house to accomodate a new
bedroom/nursery within an extension that would fit nicely within the site and blend in well with the area, whilst
adhering to planning guidance.
Prior to designing this extension, we viewed houses in streets within close proximity to our own and got an idea
of what had previously been granted permission and deemed acceptable. We found various sizes and
arrangements of extensions including others which bordered houses which also had neighbours set back
behind them like ours.
Example one – 36 The Circle, Danderhall.  Double storey extension which has a neighbouring property to the rear
where the council have ot deemed to be over shadowing.
Example two – 9 Drum View Avenue, Danderhall.  Large double storey extension with front projection same as
we have proposed .
Example three – 22 Forth View Crescent, Danderhall.  Double storey extension which extends to property
perimeter.
We feel strongly that this design fits within planning guidance and is also similar to extensions that have been
permitted within the area (as above.  Supporting images are attached).
None of the neighbours, including number 18 have lodged any objections to this extension – both us and our
neighbour in number 18, Raymond Hamilton do not agree with the determination that the extension would
impact and be overbearing on Mr R Hamilton's view from his conservatory.  He has indeed stated how happy he
would be for us to progress with it as he feels it has no bearing on either his sunlight or his view.  I have attached
a signed letter from Mr Hamilton at number 18 stating his opinions.
We would also like to highlight that although the conservatory is on the side of the neigbours house, they will
always have the same view they have now - looking into their own garden, front and rear and actually have no
right to a view over our property/boundary. They are actually to the side and set back and the development will
not encroach onto their view infront of their property.
With regards to daylight, No. 18's front garden is southwest facing and gets a great amount of light throughout
the day.  The placement of this extension will not hinder that and for most of the year, the sun will be above our
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property shining onto theirs, all day long.
We hope that you agree that this design is a suitable addition to our house and grant permission for it to be
constructed.
We look forward to hearing from you in due course.
Kind regards
Blair Hamilton
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Page 39

MIDLOTHIAN COUNCIL 
DEVELOPMENT MANAGEMENT 
PLANNING APPLICATION DELEGATED WORKSHEET: 
Planning Application Reference:24/00611/dpp 
Site Address: 19 Edmonstone Drive, Danderhall 
Site Description:
The application property comprises a two storey semi-detached dwelling house and
its associated garden located within a residential area.  The house is finished
externally in drydash render with white upvc window frames and brown contoured
concrete roof tiles. There is an existing timber garage attached to the west side of
the house and a shed in the back garden. 
Proposed Development:
Ercetion of porch and two-storey extension 
Proposed Development Details:
It is proposed to take down the timber garage at the side of the house and erect a 
two storey extension in its place continuing the form of the existing house with a
single storey hipped roof garage projection/ porch at the front.  The two storey part of
the extension measures 7.2m deep and 2.9m wide.  The garage projection/ porch
measures 4.8m wide and 2m deep.  The plans are annotated that the roof of the
extension is to be covered in terracotta pantiles, with the walls of the extension
rendered and white upvc window frames are proposed. 
Background (Previous Applications, Supporting Documents, Development
Briefs):
History sheet checked. 
The agent has advised the following in relation to policy 1 of NPF4: natural and
reclaimed materials to be used; local contractor to be used: materials sourced locally
where possible; proposal will comply with building standards as regards insulation
and energy efficiency; and bee and nest bricks are being considered. 
Consultations:
None required. 
Representations:
One representation has been received in relation to the application expressing
concern regarding the impact of the extension on sunlight and light to a neighbouring
property. 
Relevant Planning Policies: 
Planning policy currently comprises National Planning Framework 4 and the adopted
Midlothian Local Development Plan 2017. The following policies are relevant to the
proposal:
Appendix C
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NPF4 
Policy 1 Tackling the climate and nature crises
When considering all development proposals significant weight will be given to the
global climate and nature crises. 
Policy 14 Design, quality and place
a) Development proposals will be designed to improve the quality of an area whether
in urban or rural locations and regardless of scale. 
c) Development proposals that are poorly designed, detrimental to the amenity of the
surrounding area or inconsistent with the six qualities of successful places, will not
be supported. 
Policy 16  Quality homes
g) Householder development proposals will be supported where they: 
i. do not have a detrimental impact on the character or environmental quality of the
home and the surrounding area in terms of size, design and materials; and 
ii. do not have a detrimental effect on the neighbouring properties in terms of
physical impact, overshadowing or overlooking. 
h) Householder development proposals that provide adaptations in response to risks
from a changing climate, or relating to people with health conditions that lead to
particular accommodation needs will be supported. 
The relevant policy of the Midlothian Local Development Plan 2017 is; 
DEV2 – Protecting amenity within the built-up area - seeks to protect the character
and amenity of the built-up area. 
It is noted that policy DP6 House Extensions, from the now superseded 2008
Midlothian Local Plan, set out design guidance for new extensions requiring that they
are well designed in order to maintain or enhance the appearance of the house and
the locality. The policy guidelines contained in DP6 also relate to size of extensions,
materials, impact on neighbours and remaining garden area. It also states that front
porches to detached or semi-detached houses are usually acceptable provided they
project less than two metres out from the front of the house. It also allowed for novel
architectural solutions. The guidance set out within this policy has been successfully
applied to development proposals throughout Midlothian and will be reflected within
the Council’s Supplementary Guidance on Quality of Place which is currently being
drafted. 
Planning Issues:
The main planning issue to be considered is whether or not the proposal complies
with the development plan policies and, if not, whether there are any material
planning considerations which would otherwise justify approval.   
Given that recently published building regulations require increased insulation in
house extensions, which helps reduce heat loss and can reduce energy
consumption in the home, along with other measured proposed, the proposed
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Page 41

development will contribute to addressing the global climate crisis. The proposed
development will not exacerbate the global nature crisis. Therefore the proposed
development complies with the aims of policy 1 of NPF4. 
The design of the extension is sympathetic to the character of the existing building. 
External materials should match existing.  This can be covered by condition should
planning permission be forthcoming. 
The usable garden area and off street parking at the application site will be 
unaffected by the proposal. 
No. 18 next door is set back from the front of the application property.  It has a
relatively small back garden with a larger garden at the front with a
porch/conservatory at the front of the house.  Located hard up to the boundary with
the front garden of no. 18 the proposed extension will be very prominent and
dominant with an overbearing impact on the outlook from  the front garden and the
outlook from the conservatory at no. 18.   
The extension will not have a significant impact on sunlight and light to neighbouring
properties sufficient to warrant refusal of planning permission. 
Recommendation:
Refuse planning permission 
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Refusal of Planning Permission
Town and Country Planning (Scotland) Act 1997
Reg. No.   24/00611/DPP
Lothian Plans
18 Laidlaw Gardens
Tranent
EH33 2QH
Midlothian Council, as Planning Authority, having considered the application by 
Mr Blair Hamilton, 19 Edmonstone Drive, Danderhall, EH22 1QQ, which was registered on
2 October 2024 in pursuance of their powers under the above Acts, hereby refuse
permission to carry out the following proposed development:
Erection of porch and two-storey extension at 19 Edmonstone Drive, Danderhall,
EH22 1QQ
in accordance with the application and the following documents/drawings:
Document/Drawing. Drawing No/Scale Dated
Location Plan 19ED-PL1 1:500 30.09.2024
Elevations, Floor Plan and Cross Sections 19ED-PL2 A 1:100 02.10.2024
Elevations, Floor Plan and Cross Sections 19ED-PL3 C 1:50 02.10.2024
The reason(s) for the Council's decision are set out below:
1. The proposed extension will have an overbearing impact on the outlook of the front
garden and conservatory of the neighbouring property at 18 Edmonstone Drive with
a detrimental impact on the amenity of the occupiers.
2. For the above reason the proposal is contrary to the aims of policies 14 and 16 of
NPF4 which presume against development which has a detrimental effect on
neighbouring properties and DEV 2 of the adopted Midlothian Local Development
Plan 2017 which seeks to protect the amenity of the built-up area.
Dated    25 / 11 / 2024
……………………………..
Duncan Robertson
Lead Officer – Local Developments 
Fairfield House, 8 Lothian Road, Dalkeith, EH22 3ZN
Appendix D
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Page 43

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
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Appendix E
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