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Agenda Document Pack - Local Review Body - 12/05/2025

Midlothian Council · 12 May 2025
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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, 12 May 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 
Page 1 of 67

Page 2

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 24 March 2025
submitted for approval
3 - 6 
5          Public Reports 
Notice of Reviews - Determination Reports by Chief Officer Place 
5.1 24.00745.DPP - LRB Report and Appendices 25 Carlowrie Place,
Gorebridge
7 - 25
5.2 25.00091.DPP - LRB Report and Appendices 53A High Street,
Bonnyrigg
26 - 47
5.3 24.00706.DPP - LRB Report and Appendices 36 Hunter Terrace,
Loanhead
48 - 67 
6          Private Reports 
No items for discussion 
7          Date of Next Meeting 
The next meeting will be held on Monday 23 June 2025 at 13.00 
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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Page 3

INTERNAL USE ONLY
DRAFT BY/DATE:  Maria 28/03/25
REVIEW BY/DATE: Louise
Minute of Meeting
Local Review Body
Monday 12 May 2025
Item No 4.1
Local Review Body
Date Time Venue
Monday 24 March 2025 13.00 Council Chambers and MSTeam
Present:
Councillor Imrie (Chair) Councillor Bowen
Councillor Cassidy Councillor Drummond (Virtual)
Councilor McEwan Councillor McKenzie (substituting for
Councillor Alexander)
Councillor McManus Councillor Milligan
In attendance:
Derek Oliver, Chief Officer Place Peter Arnsdorf Planning, Sustainable
Growth and Investment Manager / Chief
Planning Officer
Hannah Forbes, Democratic Services
Officer
Maria Perez, Democratic Services
Officer
Nicola Thorburn, Democratic Services
Officer
1. Welcome and Apologies
The Chair welcomed everyone to the meeting of the Local Review Body (LRB).
Apologies were received from Councillor Alexander. Councillor McKenzie will
substitute for Councillor Alexander.
2. Order of Business
The order of business is as outlined in the agenda.
Page 3 of 67

Page 4

3. Declarations of Interest
The Chair invited committee members to declare their interest at this point or later on
during the discussion of the individual items.
No declarations of interest were intimated as this stage of the proceedings.
4. Minutes of Previous Meeting
The Minutes of the LRB Meeting of 16 December 2024 were approved as the correct
record.
5. Reports and Items for Discussion
Report
No.
Report Title Presented by:
5.1 24/00608/DPP 28 Sherwood
Terrace, Bonnyrigg
Planning, Sustainable Growth
and Investment Manager /
Chief Planning Officer
The Planning, Sustainable Growth and Investment Manager presented the report
for determination.
The purpose of the report is to provide a framework for the LRB to consider a
Notice of Review for the formation of driveway and access route across public
space at 28 Sherwood Terrace, Bonnyrigg. A site visit was carried out by Elected
Members earlier today.
This review will be carried out by written submissions. There were no further items
to consider.
The Chair thanked the Planning, Sustainable Growth and Investment Manager
and opened the report for discussion.
Elected Members raised that at the visit they noticed there is a similar
development nearby which does not affect neighbouring properties, whereas the
application presented for determination would remove a large section of grass
areas and may put at risk a mature cherry tree. 
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Page 5

Elected Members pointed out that granting the request would lose a portion of
amenity for the community and may prompt other residents to do the same,
resulting in an even greater loss of greenspace. There is also parking at the front
and rear of the property
Although there are no objections with the request to lower the kerb to create a
driveway, it was queried how the purchase of this space would be progressed.
The Planning, Sustainable Growth and Investment Manager advised that if the
Committee determined to grant planning permission the applicant would have to
go through a separate process to negotiate the ownership of this space through
the Council.
Councillor McManus moved to uphold the decision of the Planning Department.
The motion was seconded by Councillor Cassidy. 
The Chair confirmed it was the Local Review Body to uphold the decision of the
Planning Department and refuse the appeal.
Decision
The Local Review Body determined to uphold the decision of the Planning
Service and refuse the appeal.
The decision will be notified to the applicant by the Planning Service.
Action
Planning, Sustainable Growth and Investment Manager / Chief Planning Officer
Report
No.
Report Title Presented by:
5.2 24/000611/DPP 19 Edmonstone
Drive, Danderhall
Planning, Sustainable Growth
and Investment Manager /
Chief Planning Officer
The Planning, Sustainable Growth and Investment Manager / Chief Planning
Officer presented the report for determination.
The purpose of the report is to provide a framework for the LRB to consider a
Notice of Review for 2 story extension and porch at 19 Edmonstone Drive,
Danderhall.  A site visit was carried out by Elected Members earlier today.
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Page 6

This review will be carried out by written submissions only, and once it is
determined the Planning Service will write to the applicant with the decision.
Elected Members advised the visit was very helpful to visualise how the
development would look. The Planning Service refused planning permission out
of concerns of the impact to a neighbouring property, and the neighbour has
confirmed they do not have objections with the build. There is  precedent in the
area that suggests this can be done successfully and without detriment to
neighbouring properties.
The applicants are a growing family, so the Elected Members were receptive to
their wish to remain in their property and community rather than move and noted
that given housing pressures this may be the preferred option for many other
Midlothian residents.
Councillor McManus moved to uphold the appeal and grant planning permission.
This motion was seconded by Councillor McEwan.
The Chair confirmed it is the Local Review Body’s decision to uphold the appeal
and grant planning permission subject to conditions in the report.
Decision
The Local Review Body determined to uphold the appeal and grant planning
permission subject to conditions specified in the report.
Action
Planning, Sustainable Growth and Investment Manager / Chief Planning
Officer.
6. Private Reports
There were no private reports submitted for consideration.
7. Date of next meeting
The next Local Review Body meeting is scheduled for Monday 12 May 2025.
The meeting concluded at 13.10.
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Page 7

Local Review Body
Monday 12 May 2025
Item No 5.1
Notice of Review: 25 Carlowrie Place, Gorebridge
Determination Report
Report by Chief Officer Place
1 Purpose of Report
1.1 The purpose of this report is to provide a framework for the Local
Review Body (LRB) to consider a ‘Notice of Review’ for the erection of
fence (retrospective) at 25 Carlowrie Place, Gorebridge.
2 Background
2.1 Planning application 24/00745/DPP for the erection of fence
(retrospective) at 25 Carlowrie Place, Gorebridge was granted planning
permission subject to conditions on 17 January 2025; a copy of the
decision is attached to this report.  The conditions on planning
permission 24/00745/DPP subject to this review are as follows:
1. The section of fence extending 2.9m from the boundary with 23
Carlowrie Place shall be reduced in height to 1.36m with the
option of the removed part of the fence being replaced with a
trellis, details of which shall be submitted to and approved in
writing by the Planning Authority prior to its erection.
Reason: To reduce the impact of the fence on the amenity of the
neighbouring property.
2. Apart from the section of fence referred to in condition 1 the fence
and gate heights shall not exceed the annotated dimensions on
the approved Illustration/photographs.
Reason: For the avoidance of doubt as to the approved heights.
3. Within 3 months of the date of this decision notice one hedgehog
hole measuring 13cm by 13cm shall be formed within the fence at
ground level.
Reason: In the interests of biodiversity.
The applicant is requesting that the conditions are removed from the
grant of planning permission.
Page 7 of 67

Page 8

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 17 January 2025 (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:
• Have determined to undertake a site visit (only elected members
attending the site visit can participate in the determination of the
review); and
• Have determined to progress the review by written submissions.
4.2 The case officer’s report identified that there were no consultations
required and representations received.
4.3 The next stage in the process is for the LRB to determine the review in
accordance with the agreed procedure:
• Identify any provisions of the development plan which are relevant
to the decision;
• Interpret them carefully, looking at the aims and objectives of the
plan as well as detailed wording of policies;
• Consider whether or not the proposal accords with the
development plan;
• Identify and consider relevant material considerations for and
against the proposal;
• Assess whether these considerations warrant a departure from the
development plan; and
• State the reason/s for the decision and state any conditions
required if planning permission is granted.
4.4 In reaching a decision on the case the planning advisor can advise on
appropriate phraseology and on appropriate planning reasons for
reaching a decision. 
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Page 9

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 The nature of the proposal is such that it is considered that no
conditions would be required if the LRB is minded to grant planning
permission subject to the removal of the stated condition as set out in
the report.
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:   2 May 2025
Report Contact: Ingrid Forteath – Planning Officer
Ingrid.Forteath@midlothian.gov.uk
Background Papers: Planning application 24/00745/DPP available for
inspection online
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Page 10

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 fence (retrospective)
25 Carlowrie Place, Gorebridge, EH23 4XL
File No. 24/00745/DPP
Scale 1:500
Appendix A
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Page 11

Appendix B
Page 11 of 67

Page 12

Date of application I �l04/�!k5 I
Date of decision (if any) I A'.f- I 0-1/JOJS I
Note. This notice must be served on the planning authority within three months of the date of decision notice or
from the date of expiry of the period allowed for determining the application.
4. Nature of Application
Application for planning permission (including householder application) □
Application for planning permission in principle □
Further application (including development that has not yet commenced and where a time limit has
been imposed; renewal of planning permission and/or modification, variation or removal of a planning
0 condition)
Application for approval of matters specified in conditions □
5. Reasons for seeking review
Refusal of application by appointed officer □
Failure by appointed officer to determine the application within the period allowed for determination
□ of the application
Conditions imposed on consent by appointed officer �
6. 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.
Please indicate what procedure (or combination of procedures) you think is most appropriate for the handling of
your review. You may tick more than one box if you wish the review to be conducted by a combination of
procedures.
Further written submissions
One or more hearing sessions
Site inspection
Assessment of review documents only, with no further procedure �
If you have marked either of the first 2 options, please explain here which of the matters (as set out in your
statement below) you believe ought to be subject of that procedure, and why you consider further submissions or a
hearing necessary.
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7. Site inspection
In the event that the Local Review Body decides to inspect the review site, in your opinion:
Can the site be viewed entirely from public land?
Is it possible for the site to be accessed safely, and without barriers to entry? [52]
Page 12 of 67

Page 13

If there are reasons why you think the Local Review Body would be unable to undertake an unaccompanied site
inspection, please explain here:
8. Statement
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. Note: 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.
If the Local Review Body issues a notice requesting further information from any other person or body, you will
have a period of 14 days in which to comment on any additional matter which has been raised by that person or
body.
State here the reasons for your notice of review and all matters you wish to raise. If necessary, this can be
continued or provided in full in a separate document. You may also submit additional documentation with this form.
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Have you raised any matters which were not before the appointed officer at the time
your application was determined? Yes 0No�
If yes, please explain below a) why your are raising new material b) why it was not raised with the appointed officer
before your application was determined and c) why you believe it should now be considered with your review.
I Page 13 of 67

Page 14

9. List of Documents and Evidence
Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice
of review
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Note. The planning authority will make a copy of the notice of review, the review documents and any notice of the
procedure of the review available for inspection at an office of the planning authority until such time as the review is
determined. It may also be available on the planning authority website.
10. Checklist
Please mark the appropriate boxes to confirm that you have provided all supporting documents and evidence
relevant to your review:
Full completion of all parts of this form
Statement of your reasons for requesting a review
All documents, materials and evidence which you intend to rely on (e.g. plans and drawings or
other documents) 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 from
that earlier consent.
DECLARATION
I, the applicanUagent hereby serve notice on the planning authority to review the application as set out on this form
and in the supporting documents. I hereby confirm that the information given in this form is true and accurate to the
best of my knowledge.
Signat Name: IJ6:D�Z6JAvC r-lARJOi.,A I Date: I :J/04 /20)J5
Any personal data that you have been asked to provide on this from will be held and processed in accordance with
Data Protection Legislation.
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Page 15

To:
The Planning, Sustainable Growth and Investment Manager
Planning, Sustainable Growth and Investment Service
Midlothian Council
Fairfield House
8 Lothian Road
Dalkeith
EH22 3M
Appeal against Planning Decision No. 24/007 45/DPP
Dear Sir/Madam,
I am writing to appeal the planning decision No. 24/007 45/DPP dated 17 January 2025 regarding
the fence at my property at 25 Carlowrie Place, Gorebridge, EH23 4XL. I am specifically appealing
against Condition No. 1, which requires part of the fence to be reduced in height to 1.36m and
allows replacement with a trellis.
I do not agree to install a trellis for the following reasons:
1. Protection from neighbours and safety
The fence was built primarily to protect my family and ensure basic safety. Unfortunately,.
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Page 16

2. Right to privacy and family life
Article 8 of the Human Rights Act 1998 guarantees everyone the right to respect for their private and
family life and home. Lowering the fence or replacing it with a trellis would breach this right - in our
case
3. Planning policy
Under the Midlothian Local Development Plan 2017 (Policy DEV2), planning decisions must protect
residents' amenity. Reducing the fence would seriously impact our privacy, comfort and feeling of
safety, contrary to the purpose of this policy.
4. Financial burden and structural safety
I should not bear additional costs for modifying
the fence. The current structure was built with the full knowledge and permission of the letting
agency.
Moreover, replacing part of the fence with a trellis would weaken the structural stability of the fence.
This modification would make it less resistant to strong winds, which are common in this area,
posing a potential hazard to people and property.
5. Similar fences in the area
There are numerous fences of similar or greater height in the surrounding area that have been built
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Page 17

without planning permission. Unlike others, I chose to follow the law and submitted an application. I
believe my honesty should not be penalised more strictly than those who ignored the regulations.
6. Temporary permission
If a permanent approval is not possible, I respectfully request that temporary permission be granted
for the duration of my tenancy at
7. Compliance with environmental condition
Lastly, I confirm that the hedgehog hole (13cm x 13cm) has already been installed as required in the
original planning conditions.
For all the reasons outlined above, I kindly ask for Condition No. 1 to be removed and permission
granted for the fence to remain in its current form.
Sincerely,
Mariela Jedrzejak
25 Carlowrie Place
Gorebridge EH23 4XL
Date: [insert date]
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Page 18

Mariola Jedrzejak
25 Carlowrie Place
Gorebridge
EH23 4XL
To:
Local Review Body
Midlothian Council
Midlothian House
Buccleuch Street
Dalkeith
EH22 1DN
Subject: Supplement to Notice of Review – Case 24/00745/DPP
Date: 6/04/2025
Dear Members of the Local Review Body,
I am writing to supplement my Notice of Review regarding planning application 24/00745/DPP,
with further information I believe is essential to the fair assessment of my case.
The fence in question was erected in response to long-standing and serious invasions of my
privacy, safety, and family peace by neighbours. My child was directly exposed to stressful
situations, including being watched, harassed with inappropriate comments, and exposed to the
aggressive behaviour of the neighbours' dog. The fence has provided both physical and
psychological protection for our home, restoring a minimum sense of safety and comfort.
Regrettably, since the installation of the fence, there have been deliberate attempts to damage it.
Neighbours have poured an unknown substance – believed to be acid – at the base of the support
posts, threatening the structural integrity of the fence. In this context, any modifications to the
fence – such as lowering it or replacing parts with trellis – would not only be impractical but
could further weaken its durability.
I therefore strongly oppose the suggestion of replacing part of the fence with trellis. Such a
structure is too fragile, offers no real visual or physical protection, and would not withstand the
ongoing acts of vandalism.
This situation is also having a negative impact on my mental health. The persistent stress,
anxiety, and sense of vulnerability affecting both me and my child have become increasingly
difficult to endure. Should this situation continue, I am prepared to seek medical assistance.
As a compromise, I would be willing to accept a temporary permission for the existing fence,
lasting for the duration of my tenancy at this property. This would allow my family to maintain a
safe and peaceful living environment without requiring a permanent change to the property.
Please also consider that I had the explicit permission of the letting agency to erect the fence,
and I did not act independently of the property owner. The fence is located to the rear of the
building, does not affect the public streetscape, and – as confirmed in the original report – does
not cause overshadowing or restrict daylight to neighbouring windows.
Thank you for considering my circumstances. I respectfully request that the fence be allowed to
remain in its current form, as it is essential to the well-being and security of my family.
Mariola Jedrzejak
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Page 19

MIDLOTHIAN COUNCIL
DEVELOPMENT MANAGEMENT 
PLANNING APPLICATION DELEGATED WORKSHEET:
Planning Application Reference:24/00745dpp
Site Address: 25 Carlowrie Place, Gorebridge
Site Description:
The application property comprises an upper flat in a four in a block building, within 
a residential area. 
Proposed Development:
Erection of fence (retrospective)
Proposed Development Details:
Planning permission is being sought retrospectively for a horizontal timber boarded
fence incorporating vertical timber boarded gates running parallel with part of the
rear elevation of the building.  The fence and gates measure a total of 8.91m long; 
the fence directly to the rear of the building measures 1.7m high; and the gates and
sections of fence to the south of this measure 2m high.  the fence is set 1.49m from
the rear elevation of the building with the gates set back by a further 0.9m. 
Background (Previous Applications, Supporting Documents, Development
Briefs):
History sheet checked.
Consultations:
None required.
Representations:
None received.
Relevant Planning Policies:
Planning policy currently comprises National Planning Framework 4 and the adopted
Midlothian Local Development Plan 2017. The following policies are relevant to the
proposal:
NPF4
Policy 1 Tackling the climate and nature crises
When considering all development proposals significant weight will be given to the
global climate and nature crises.
Policy 3 Biodiversity
a) Development proposals will contribute to the enhancement of biodiversity,
including where relevant, restoring degraded habitats and building and strengthening
Appendix C
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Page 20

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 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.  
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Permitted development allows for the erection of fences albeit lower in height than
that erected at the application property. The development will not have a significant
impact on sustainability as compared to development which could ordinarily be
carried out under permitted development.
Located to the rear of the building the fence does not have a significant impact on
the visual amenity of the street scene. Boundary fences are not an uncommon
feature in domestic settings. 
No. 23 Carlowrie Place forms the ground floor flat beneath the application property
within the four in a block.  The fence is located in front of a bedroom/study window of
this property.  It is unusual to have a fence in such close proximity to the rear of a
neighbouring window.   By virtue of the relationship and proximity to the
bedroom/study window of no. 23 the fence will be a very visually prominent and
overbearing feature with a detriment impact on the residential amenity of this
property. In order to reduce the impact part of the fence to the rear of the building
should be reduced in height with the removed top part possibly replaced by a trellis
to give it a more lightweight appearance.  This can be covered by condition should
planning permission be forthcoming.  The top of the fence is below the mid point
(1.9m) of this window and as such it will not have a significant impact on either
daylight or sunlight to this window. 
In the interest of biodiversity the provision of a hedgehog hole in the fence can be
covered by condition.
Recommendation:
Grant planning permission
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Page 22

Planning Permission 
Town and Country Planning (Scotland) Act 1997
Reg. No.   24/00745/DPP
Mrs Mariola Jedrzejak
25 Carlowrie Place
Gorebridge
EH23 4XL
Midlothian Council, as Planning Authority, having considered the application by Mrs Mariola
Jedrzejak, 25 Carlowrie Place, Gorebridge, EH23 4XL, which was registered on 10 December
2024, in pursuance of their powers under the above Acts, hereby grant permission to carry out
the following proposed development:
Erection of fence (retrospective) at 25 Carlowrie Place, Gorebridge, EH23 4XL
in accordance with the application and the following documents/drawings:
Document/Drawing  Drawing No/Scale Dated
Site Plan 10.12.2024
Site Layout Plan 10.12.2024
Illustration/Photograph 10.12.2024
Illustration/Photograph 10.12.2024
This permission is granted for the following reasons:
On the basis of available information the proposed development does not conflict with the
aims of NPF4 with regards to sustainability.
The fence does not have a significant impact on the visual amenity of the surrounding area or,
at the reduced height, the amenity of neighbouring properties and complies with the aims of
policies 14 and 16 of NPF4 and DEV2 of the adopted Midlothian Local Development Plan
2017. 
Subject to the following conditions:
1. The section of fence extending 2.9m from the boundary with 23 Carlowrie Place shall
be reduced in height to 1.36m with the option of the removed part of the fence being
replaced with a trellis, details of which shall be submitted to and approved in writing by
the Planning Authority prior to its erection.
Reason: In order to reduce the impact of the fence on the amenity of the neighbouring
property.
2. Apart from the section of fence referred to in condition 1 the fence and gate heights
shall not exceed the annotated dimensions on the approved Illustration/photographs.
Reason: For the avoidance of doubt as to the approved heights.
3. Within 3 months of the date of this decision notice one hedgehog hole measuring 13cm
by 13cm shall be formed within the fence at ground level.
Reason: In the interests of biodiversity.
Appendix D
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Page 23

Dated  17 / 1 / 2025
……………………………..
Duncan Robertson
Lead Officer – Local Developments, 
Fairfield House, 8 Lothian Road, Dalkeith, EH22 3ZN
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Page 24

Informative Note
The proposed development lies within an area that has been defined by the Mining
Remediation 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 Mining Remediation 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 a suitable engineering
design which takes account of all relevant safety and environmental risk factors, including
mine gas and mine-water. Your attention is drawn to the Mining Remediation Authority Policy
in relation to new development and mine entries available at:
https://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 Mining Remediation 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. Application forms for Mining Remediation Authority permission and
further guidance can be obtained from The Mining Remediation Authority’s website at:
www.gov.uk/get-a-permit-to-deal-with-a-coal-mine-on-your-property 
What is a permit and how to get one?
https://www.gov.uk/government/publications/permit-process/permit-process 
In areas where shallow coal seams are present caution should be taken when carrying out any
on site burning or heat focused activities. 
If any future development has the potential to encounter coal seams which require excavating,
for example excavation of building foundations, service trenches, development platforms,
earthworks, non-coal mineral operations, an Incidental Coal Agreement will be required.
Further information regarding Incidental Coal Agreements can be found here -
https://www.gov.uk/government/publications/incidental-coal-agreement/guidance-notes-for-a
pplicants-for-incidental-coal-agreements 
If any coal mining features are unexpectedly encountered during development, this should be
reported immediately to the Mining Remediation Authority on 0800 288 4242. Further
information is available on the Mining Remediation Authority website at: 
Mining Remediation Authority
https://www.gov.uk/government/organisations/mining-remediation-authority 
Informative Note valid from 1st January 2025 until 31st December 2026
Page 24 of 67

Page 25

Appendix E
Page 25 of 67

Page 26

Local Review Body
Monday 12 May 2025
Item No 5.2
Notice of Review: 53A High Street, Bonnyrigg
Determination Report
Report by Chief Officer Place
1 Purpose of Report
1.1 The purpose of this report is to provide a framework for the Local
Review Body (LRB) to consider a ‘Notice of Review’ for the formation of
dormer window at 53A High Street, Bonnyrigg.
2 Background
2.1 Planning application 25/00091/DPP for the formation of dormer window
at 53A High Street, Bonnyrigg was refused planning permission on 8
April 2025; 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 8 April 2025 (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:
• 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.
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Page 27

4.2 The case officer’s report identified that there was one consultation
response, and no representations.  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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Page 28

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:   2 May 2025
Report Contact: Ingrid Forteath – Planning Officer
Ingrid.Forteath@midlothian.gov.uk
Background Papers: Planning application 25/00091/DPP available for
inspection online
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Page 29

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)
Formation of dormer window
53A High Street, Bonnyrigg, EH19 2DB
File No. 25/00091/DPP
Scale 1:500
Appendix A
Page 29 of 67

Page 30

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 100701680-003
The online reference is the unique reference for your online form only. The  Planning Authority will allocate an Application Number when
your form is validated. Please quote this reference if you need to contact the planning Authority about this application.
Applicant or Agent Details
Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting
on behalf of the applicant in connection with this application)  Applicant  Agent
Agent Details
Please enter Agent details
Company/Organisation:
Ref. Number: You must enter a Building Name or Number, or both: *
First Name: * Building Name:
Last Name: * Building Number:
Address 1
Telephone Number: * (Street): *
Extension Number: Address 2:
Mobile Number: Town/City: *
Fax Number: Country: *
Postcode: *
Email Address: *
Is the applicant an individual or an organisation/corporate entity? *
 Individual  Organisation/Corporate entity
Scott
Allan
Wallace Avenue
36
07790 846 990
EH21 8BZ
East Lothian
Wallyford
scott@ego3d.co.uk
Appendix B
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Page 31

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
53A HIGH STREET
Habibur
Midlothian Council
Khan High Street
53A
BONNYRIGG
EH19 2DB
EH19 2DB
United Kingdom
665332
Bonnyrigg
330859
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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 dormer window
Stated included with submission documents.
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Page 4 of 5
Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend
to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters)
Application Details
Please provide the application reference no. given to you by your planning
authority for your previous application.
What date was the application submitted to the planning authority? *
What date was the decision issued by the planning authority? *
Review Procedure
The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review
process require that further information or representations be made to enable them to determine the review. Further information may be
required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or
inspecting the land which is the subject of the review case.
Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other
parties only,  without any further procedures? For example, written submission, hearing session, site inspection. *
 Yes  No
In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion:
Can the site be clearly seen from a road or public land? *  Yes  No
Is it possible for the site to be accessed safely and without barriers to entry? *  Yes  No
Checklist – Application for Notice of Review
Please complete the following checklist to make sure  you have provided all the necessary information in support of your appeal. Failure
to submit all this  information may result in your appeal  being deemed invalid.
Have you provided the name and address of the applicant?.  *  Yes  No
Have you provided the date and reference number of the application which is the subject of this  Yes  No
review? *
If you are the agent, acting on behalf of the applicant, have you provided details of your name  Yes  No  N/A
and address and indicated whether any notice or correspondence required in connection with the
review should be sent to you or the applicant? *
Have you provided a statement setting out your reasons for requiring a review and by what  Yes  No
procedure (or combination of procedures) you wish the review to be conducted? *
Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider
require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review
at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely
on and wish the Local Review Body to consider as part of your review.
Please attach a copy of all documents, material and evidence which you intend to rely on  Yes  No
(e.g. plans and Drawings) which are now the subject of this review *
Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a
planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the
application reference number, approved plans and decision notice (if any) from the earlier consent.
Refusal Notes, Supporting Statement, Architectural Drawings
25/00091/DPP
09/04/2025
14/02/2025
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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 Scott Allan
Declaration Date: 10/04/2025
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Page 35

Scott Francis Allan
Architectural Design
36 Wallace Avenue | Wallyford | East Lothian | EH21 8BZ
Mobile: 07790 846 990 | Email: scott@ego3d.co.uk
Facebook.com /scottfrancisallan
09 April 2025
Midlothian Council
Strategic Services
Fairfield House
8 Lothian Road
Dalkeith
EH22 3ZN
Proposed Attic Conversion with Front Dormer and Internal Alterations
53A High Street, Bonnyrigg, EH19 2DB
Application for Local Review of Planning Application Ref 25/00091/DPP
Dear Sirs,
Uploaded for consideration is an application for Local Review in respect of the Proposed Attic
Conversion with Front Dormer and Internal Alterations at 53A High Street, Bonnyrigg, EH19 2DB. The
application 25/00091/DPP25/00091/DPPsubmitted to Midlothian Planning had been refused and we seek a review
of the decision and associated reasons for refusal.
1. The proposed dormer extension would appear as an unduly dominant feature at roof level,
the design of which is unsympathetic to, and would detract from, the form of the roof of the
building, the character and appearance of the principal elevation of the application property
and the terrace of which it forms a part.
Dormers on High Street (Blue Application Site, Red Existing Dormers)
Page 35 of 67

Page 36

Page 36 of 67

Page 37

Scott Francis Allan
Architectural Design
36 Wallace Avenue | Wallyford | East Lothian | EH21 8BZ
Mobile: 07790 846 990 | Email: scott@ego3d.co.uk
Facebook.com /scottfrancisallan
It is noted that the dormer has been designed in accordance with design guidance is, less that 1/3
of the roof scape, 300mm below ridge line and does not form a dominant feature to the roofscape.
Whilst Ceral Cladding is proposed, the objecting is for the appearance, scale of the dormer
however we would highlight this to no different to those shown in the attached photos, in some
instances less prominent.
It is further noted that the existing street scape is of varying roof heights, roof materials, dormers, roof
windows, chimney and heights of buildings and the vast arrangement of shop fronts, therefore the
additional of a single dormer that has been designed to be sympathetic to is surrounding has not
detrimental effect on the character of the street.
2. As a result of its unsatisfactory relationship with the existing building the dormer will have a
detrimental impact on the visual amenity of the street scene.
Existing Street Scene with Dormers on Adjacent Terrace
3. For the above reasons the proposal is contrary to the aims of policies 14 and 16 of NPF4 and
DEV2 of the adopted Midlothian Local Development Plan 2017 which seek to improve the
quality of an area, resist poorly designed development and protect the character or
environmental quality of the home and the surrounding area.
Improvement in the quality of an area, the addition of a dormer does not detract from the character
or environmental quality of the surrounding area, it is set back from the front elevation of the building,
lower than the ridge line. Given the property is over a shop the only opportunity to extend is into the
existing attic space, which enhances the quality and amenity to the property.
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Page 38

Scott Francis Allan
Architectural Design
36 Wallace Avenue | Wallyford | East Lothian | EH21 8BZ
Mobile: 07790 846 990 | Email: scott@ego3d.co.uk
Facebook.com /scottfrancisallan
4. It has not been demonstrated that the proposal will not have an adverse effect on protected
species which are potentially present at the site contrary to policy 4 of NPF4 and Policy ENV15
of the adopted Midlothian Local Development Plan 2017 which presume against
development that would have an adverse effect on a species protected by European or UK
law.
It is noted by Planning of the ‘potentially presence’, should that be a reason for refusal, should
clarification not be sought by Planning as to the existence of something rather than speculation? This
seems to be a lack lustre approach to the Planning process, also what protected species are being
referred to? Policy 4 of NPF4 and Policy ENV15 of the adopted Midlothian Local Development Plan
2017 are not a get out jail free card for Planning however guidance to be followed.
Finally, the applicant has noted.
Beyond the planning design points, I would like to draw attention to a wider, pressing issue — the
national and local housing crisis, especially the acute shortage of suitable homes for families and
individuals. My intention behind the dormer is to create additional living space to help meet these
needs, whether for my own family or to increase the availability of housing in the private rental sector.
The extension would provide much-needed accommodation without requiring new land or large-
scale development.
I trust the enclosed documents meet your satisfaction and await your registration confirmation. For
further information, please contact me by email or phone.
Kind Regards,
Scott Francis Allan
Architectural Design
https://www.facebook.com/scottfrancisallan/
Enclosures
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Page 39

MIDLOTHIAN COUNCIL 
DEVELOPMENT MANAGEMENT 
PLANNING APPLICATION DELEGATED WORKSHEET: 
Planning Application Reference:25/00091/dpp 
Site Address: 53A High Street, Bonnyrigg 
Site Description:
The application property comprises a first floor flat in use as a house of multiple
occupation.  It is located  within a  terrace of two storey traditional stone buildings
within Bonnyrigg town centre  with  commercial uses at ground floor level. The
application property has a slate roof and white upvc window frames. 
Proposed Development:
Formation of dormer window 
Proposed Development Details:
It is proposed to form a flat roof dormer window at the front of the application
property. It  measures 2.6m wide and 1.5m high and is to be predominantly finished 
in grey cedral fibre cement cladding with a grey upvc window on the front elevation. 
Roof vents are proposed at eaves and ridge level on the front elevation. 
It is also proposed to install 2 rooflights at the front of the property. These works
constitute permitted development under class 4A of the Town and Country Planning
(General Permitted Development) (Scotland) Order 1992. 
Background (Previous Applications, Supporting Documents, Development
Briefs):
History sheet checked. 
16/00332/dpp - Change of use from flatted dwelling to house in multiple occupation
at 53A High Street, Bonnyrigg – pp 30.03.17 
Consultations:
The Wildlife Information Centre have recommended that due to the nature of the
work, the condition of the roof that a bat and bird survey is carried out by a suitable
qualified ecologist. 
Representations:
None received. 
Relevant Planning Policies: 
Planning policy currently comprises National Planning Framework 4 and the adopted
Midlothian Local Development Plan 2017. The following policies are relevant to the
proposal: 
Appendix C
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Page 40

NPF4 
Policy 1 Tackling the climate and nature crises
When considering all development proposals significant weight will be given to the
global climate and nature crises. 
Policy 3 Biodiversity
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 4 Natural places
f) Development proposals that are likely to have an adverse effect on species
protected by legislation will only be supported where the proposal meets the relevant
statutory tests. If there is reasonable evidence to suggest that a protected species is
present on a site or may be affected by a proposed development, steps must be
taken to establish its presence. The level of protection required by legislation must
be factored into the planning and design of development, and potential impacts must
be fully considered prior to the determination of any application. 
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. 
ENV15 -  Species and Habitat Protection and Enhancement presumes against
development that would affect a species protected by European or UK law. 
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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. Policy DP6 also provided specific guidance with respect to
dormer extensions. In particular, dormers should not extend, other than to a limited
extent beyond the glazed area, i.e. they should be dormer windows rather than box
dormers, and should not occupy a predominant proportion of the existing roof area.
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. 
Supplementary Planning Guidance – Dorner Extensions - This was prepared in part
due to a growing concern regarding the increasing size of dormers and the impact of
large box dormer extensions on the character of the original building and on the
visual amenity of the surrounding 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.   
On the basis of available information the proposed development does not conflict
with the aims of NPF4 with regards to sustainability. 
Ther are other examples of dormer windows on the fronts of similar properties along
the High Street including;
• a 2m approx. wide flat roof dormer at a property on High Street at the corner
with Park Road ;
• a bay dormer at a property on the corner of High Street with the road leading
to the car park  at the rear, near to the health centre; 
• 2 flat roof dormers at the property next door to The Anvil pub; and  
• 2 small flat roof dormers at the front of no. 50. 
The front face of the above-mentioned dormers is predominantly glazed with more
traditional window styles. 
Whilst the shop front at ground floor of the application property  is not sympathetic to
the traditional character of the building the form and character of the original building
is still evident 
At 2.6m wide the proposed dormer will be a prominent feature at roof level.  The
large box-like design is out of keeping and unsympathetic to the conventional pitched
roof form of the building.  The dormer will appear as a bulky addition at roof level
exacerbated by the area of solid wall on the front face of the dormer. Whilst the
dormer is centred above one of the windows below  at first floor level there is no
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other visual reference between the proposed dormer and the original building in
terms of its form or materials and the window opening is off centre and its design is 
uncharacteristic of and unsympathetic to the character of the existing building.  The
dormer is neither traditional in design in keeping with the character of the original
building or a high quality example of contemporary design.    The proposed dormer
will seriously detract from the appearance of the principal elevation of the building.
As a result of its unsatisfactory relationship with the existing building the dormer will
detract from the terrace of which the application property forms a part and will have a
detrimental impact on the visual amenity of the street scene. 
The proposal will not have a significant impact on the amenity of neighbouring
properties. 
Taking into account the recommendation on the application a bat and bird survey
has not been requested at this stage but would be required should a
recommendation be made to grant planning permission for the proposal. 
Recommendation:
Refuse planning permission 
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Page 43

Refusal of Planning Permission
Town and Country Planning (Scotland) Act 1997 
Reg. No.   25/00091/DPP 
Scott Allan
36 Wallace Avenue
Wallyford
East Lothian
EH21 8BZ 
Midlothian Council, as Planning Authority, having considered the application by 
Mr Habibur Khan, 53A High Street, Bonnyrigg, EH19 2DB, which was registered on 
18 February 2025 in pursuance of their powers under the above Acts, hereby refuse
permission to carry out the following proposed development: 
Formation of dormer window at 53A High Street, Bonnyrigg, EH19 2DB 
in accordance with the application and the following documents/drawings: 
Document/Drawing. Drawing No/Scale Dated
Location Plan 2025-03-000 1:1250 18.02.2025
Existing Floor Plan, Elevations and Block
Plan
2025-03-001 1:1250 1:500
1:100
18.02.2025
Proposed Floor Plans and Elevations 2025-03-002A 1:100 1:50 18.02.2025 
The reason(s) for the Council's decision are set out below:  
1. The proposed dormer extension would appear as an unduly dominant feature at roof
level, the design of which is unsympathetic to, and would detract from, the form of
the roof of the building, the character and appearance of the principal elevation of
the application property and the terrace of which it forms a part.  
2. As a result of its unsatisfactory relationship with the existing building the dormer will
have a detrimental impact on the visual amenity of the street scene.  
3. For the above reasons the proposal is contrary to the aims of policies 14 and 16 of
NPF4 and DEV2 of the adopted Midlothian Local Development Plan 2017 which
seek to improve the quality of an area, resist poorly designed development and
protect the character or environmental quality of the home and the surrounding
area.  
4. It has not been demonstrated that the proposal will not have an adverse effect on
protected species which are potentially present at the site contrary to policy 4 of
NPF4 and Policy ENV15 of the adopted Midlothian Local Development Plan 2017
which presume against development that would have an adverse effect on  a
species protected by European or UK law.     
Appendix D
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Page 44

Dated    8 / 4 / 2025 
……………………………..
Duncan Robertson
Lead Officer – Local Developments 
Fairfield House, 8 Lothian Road, Dalkeith, EH22 3ZN 
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Informative Note
The proposed development lies within an area that has been defined by the Mining Remediation
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
Mining Remediation 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 a suitable engineering design which takes account of all relevant safety and
environmental risk factors, including mine gas and mine-water. Your attention is drawn to the Mining
Remediation Authority Policy in relation to new development and mine entries available at:
https://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 Mining Remediation 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.
Application forms for Mining Remediation Authority permission and further guidance can be
obtained from The Mining Remediation Authority’s website at: www.gov.uk/get-a-permit-to-deal-with-
a-coal-mine-on-your-property 
What is a permit and how to get one? https://www.gov.uk/government/publications/permit-
process/permit-process 
In areas where shallow coal seams are present caution should be taken when carrying out any on site
burning or heat focused activities. 
If any future development has the potential to encounter coal seams which require excavating, for
example excavation of building foundations, service trenches, development platforms, earthworks,
non-coal mineral operations, an Incidental Coal Agreement will be required. Further information
regarding Incidental Coal Agreements can be found here -
https://www.gov.uk/government/publications/incidental-coal-agreement/guidance-notes-for-
applicants-for-incidental-coal-agreements 
If any coal mining features are unexpectedly encountered during development, this should be
reported immediately to the Mining Remediation Authority on 0800 288 4242. Further information is
available on the Mining Remediation Authority website at: 
Mining Remediation Authority https://www.gov.uk/government/organisations/mining-remediation-
authority 
Informative Note valid from 1st January 2025 until 31st December 2026
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Appendix E
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Page 47

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Page 48

Local Review Body
Monday 12 May 2025
Item No 5.3
Notice of Review: 36 Hunter Terrace, Loanhead
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 at 36 Hunter Terrace, Loanhead.
2 Background
2.1 Planning application 24/00706/DPP for the formation of driveway and
access at 36 Hunter Terrace, Loanhead was refused planning
permission on 14 February 2025; 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 14 February 2025 (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 was one consultation
response, and two representations received (all objections).  As part of
the review process the interested parties were notified of the review –
one additional comment has been received reinforcing 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
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. Prior to the vehicular access and driveway being brought in to use
the proposed access over the existing grassed area shall be
surfaced in grass seeded pavers. 
Reason: To protect the visual amenity of the area. 
3. 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. 
4. Any gates to the vehicular access 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. 
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:   2 May 2025
Report Contact: Laura Kinsey – Planning Officer (Acting Up)   
Laura.Kinsey@midlothian.gov.uk
Background Papers: Planning application 24/00706/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
Midlothian Council Licence No. AC0000811376 (2025)
Formation of driveway and associated access
36 Hunter Terrace, Loanhead, EH20 9SJ
File No. 24/00706/DPP
Scale 1:650
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 100691235-003
The online reference is the unique reference for your online form only. The  Planning Authority will allocate an Application Number when
your form is validated. Please quote this reference if you need to contact the planning Authority about this application.
Applicant or Agent Details
Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting
on behalf of the applicant in connection with this application)  Applicant  Agent
Agent Details
Please enter Agent details
Company/Organisation:
Ref. Number: You must enter a Building Name or Number, or both: *
First Name: * Building Name:
Last Name: * Building Number:
Address 1
Telephone Number: * (Street): *
Extension Number: Address 2:
Mobile Number: Town/City: *
Fax Number: Country: *
Postcode: *
Email Address: *
Is the applicant an individual or an organisation/corporate entity? *
 Individual  Organisation/Corporate entity
Lothian Plans
Stephen
Lothian
Laidlaw Gardens
18
07960366691
EH33 2QH
Scotland
Tranent
stephen@lothianplans.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
36 HUNTER TERRACE
Sidney
Midlothian Council
Canevale Hunter terrace
36
LOANHEAD
EH20 9SJ
EH20 9SJ
Scotland
665736
Loanhead
328568
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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 associated access
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.
1. Images of similar works in the area 2. Supporting statement
24/00706/DPP
14/02/2025
11/11/2024
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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: 19/03/2025
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Prior to designing the driveway, we looked around the streets near the property in question
and got a feel for what president had already been set and found several driveways that
had been formed, either slabbed, mono block, tarmac, and concrete.  Please see images
that we have uploaded with the address' labelled.
Initially, we had applied for forming a tarmac surfaced drive to get from the street to the
garden of 36 hunter terrace but after discussing the works with the appointed planner and
taking her advice, we changed the design to what she requested and created a revised
proposal drawing to show a grasscrete finish to the grass verge which would be in keeping,
giving the grass look but functionality to allow a car to cross into the driveway/garden of 36
hunter terrace.
In the refusal letter, there are a number of points that we completely disagree on and feel
that there is not much logical reasoning for the points stated.
1. The proposed access for vehicular use and possibly for parking will detract from the
positive contribution to the visual amenity of the area that this area of open space provides.
The open space will always be there and visualy very similar.  The verge is only being
stregthened to allow a car to travel over.  Not park upon.  Grass still grows through the
grass crete and has a similar visual impact.
2. The proposed driveway will result in the loss of on street parking in an area where on
street parking spaces are already limited. This would place additional pressure on the
limited number of public parking spaces available. This drive is one space wide but will
allow 2 cars from this household which currently park on the street to come off the street
and park in the garden resulting in more on street parking for others
3. Approval of the application could make it difficult to resist further similar proposals
which would degrade the visual amenity of the area further and place additional pressure
on on-street parking for local residents. Even if others applied for this, it allows the cars
alreay parking in the small tight street to take their cars into the garden and off street.
One objection mentions an issue with road safety, commenting on how the pavement is
used by children but the pavement reaches an end at this propery and does not run up the
cul-de-sac. If walkig, you would need to use the the pavement on other side of the road.
we-have  lived hear for over 35 years and brought up 3 children and can honestly say I have
not seen children pass our front gate to go to the park most if not all people walk down the
lane or Hunter Avenue to get to the play area or the county side.
On new developments, there is never a saftey concearn for any new build
properties/estates which have cars drive over grass verge areas into a driveway on streets
where children are walking and playing. It is accepted that it is a way of life.
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Another reason for requesting access to our driveway is that we want to buy an electric car
and put a charging unit into the property to lower our carbon footprint and assist with being
more environmentally friendly.  To be able to charge the electric car up safely, without
having wires running over the pavement and onto the road, we need safe access to the
garden.  If we set an example and others want to do the same then this is completely a
good thing for the environment and governments targets of net zero.
The existing hard surface has been in our garden for about 25 years and I am happy to
make provision for direct surface water to a porous area within the curtilage of the dwelling.
Regarding vehicular access this would only be used as the driveway and no cars will be
parking on the driveway access.
As we have mentioned, we have been here for over 35 years and nobody has applied for a
driveway. 
Please also note that 50 Hunter Terrace(same street) has formed an access across the
area of open space at their property to serve their drive albeit that the access is a bit
narrower and shorter as compared to the proposal we have gone in with but there is a
presedent already been set. 
We hope that you will agree with us that we are only looking to make a small
understandable and sympathetic upgrade to facilitate modern living on a property/street
that was designed at a time which didn't take into account the ways of life we have of this
day in age and that the proposal is only going to benefit not nly the residents but the
environment as a whole. 
Kind regards, Mr and Mrs Carnevale 
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Page 59

MIDLOTHIAN COUNCIL 
DEVELOPMENT MANAGEMENT 
PLANNING APPLICATION DELEGATED WORKSHEET: 
Planning Application Reference: 24/00706/DPP 
Site Address: 36 Hunter Terrace, Loanhead 
Site Description: The application property comprises of a ground floor flat within a
4-in-a-block building forming part of a cul-de-sac within a primarily residential area. It
is finished in a dry dash render with a cream painted brick base course, brown upvc
windows and brown contoured concrete rooftiles. 
The front garden area is covered in hardstanding (slabs). There is a pavement
running along the front of the property with a grass landscape strip between the
pavement and the roadside. 
Proposed Development: Formation of driveway and associated access 
Proposed Development Details: It is proposed to remove a 2.75m section of
fencing along the front boundary of the property to form an access into the garden to
allow off street parking within the front garden area. The existing concrete slabs
covering the front garden are to remain. 
A 1m high metal gate to match the design of the existing metal boundary fence is
proposed. 
The originally submitted plans showed a tarmac access strip measuring 4.13m wide
by 8m deep at the deepest point being formed over the existing grassed area of
open space to the front of the property. A 4.5m wide section of dropped kerb is also
proposed. The case officer wrote to the agent raising concerns with regard to the
loss of this section of open space and the impact that the access will have on the
visual amenity of the street scene. Amended drawings received 14.11.2024 showing
the proposed access finished in a grasscrete or similar alternative product. 
Background (Previous Applications, Supporting Documents, Development
Briefs):
History sheet checked – no relevant history 
The agent has submitted a statement addressing policy 1 of NPF4. It states that
materials and tradespeople will be sourced locally and where possible reclaimed or
natural materials will be used. 
Consultations:
Loanhead and District Community Council (LDCC) object to the application on the
grounds that the grass area is part of the design of Hunter Terrace and for the
benefit of the residents and should remain in place. They state the verge contributes
to the pleasant aesthetics of the area and gives a connection from the residential
area to the countryside beyond. They raise concerns with regard to road safety
Appendix C
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particularly for children using the pavement. They also state that if approved the
proposal will set a precedent for other residents. LDCC also commented that the
driveway will result in reduced parking for other residents of Hunter Terrace and if
other driveways were subsequently allowed this would greatly reduce parking for
remaining residents. 
Representations:
Two representations have been received objecting to the application. The reasons
for objecting are summarised below:
- Loss of on street parking.
- The drive will mean the loss of two parking spaces which is unfair. The
representor asks if plans could be amended to only remove one parking
space. 
- Would the Council consider removing the grassed area to provide better
parking for all residents? 
- Concern about the knock on effect of other application resulting in the loss of
all or most of the grass verge. 
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:
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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.   
On the basis of available information the proposed development does not conflict
with the aims of NPF4 with regards to sustainability. 
There is sufficient space within the garden area of the property to safely
accommodate a car without the risk of overhanging the pavement and fulfil the
minimum standards for driveways in Midlothian. The existing hard surface in the front
garden is to be retained. If planning permission is forthcoming a condition should be
attached to ensure that the hard surface is porous and if not that provision is made to
direct surface water to a porous area within the curtilage of the dwelling. 
The area of open space that the properties within this cul de sac front positively
contribute to the visual amenity of the area. It adds interest and enhances the
appearance of the surrounding area providing amenity for both residents and
visitors. The case officer raised concern with the agent with regard to the visual
impact the proposed tarmac access would have on the area. Subsequent plans were
submitted showing the access to be covered in grasscrete or similar. The use of
grasscrete would soften the appearance of the access within the street scene.
However, it would also be difficult to prevent cars from parking on the vehicular
access. The use of this part of open space for vehicular access and possibly for
parking will detract from the character of this area. 
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. 
The formation of the access will result in a reduction of already limited on street
parking for the residents of Hunter Terrace by approximately 2 spaces. The entire
garden area of the application property is covered in hard surface and could
potentially be capable of accommodating up to 2 cars off street and therefore it could
be argued that there would be no net loss of parking in the area. Although the
proposal would still provide parking space, this would be private and would result in
the loss of parking for general use of local residents and would be at the detriment
particularly to the residents of the first floor flatted dwellings of this part of the street
who do not have access to front gardens to form driveways. 
It is noted that the property across the road at no.50 has formed an access across
this area of open space to serve their drive albeit that the access is much narrower
and shorter as compared to the proposed. A history search back as far as the early
90’s confirms that no application for planning permission has been received for this
access. 
There are no apparent road safety issues as a result of the access being formed. 
One representation raises a request for the whole grass verge to be removed to
allow better parking for all residents. It is presumed that the representor is requesting
the Council carries out this work. This should be raised with the relevant Council
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departments if the representor wishes to pursue this enquiry and should be directed
to the Council’s Estates and Roads departments. Any further alterations to the open
space would require a further application for planning permission and it would be
advisable to contact the Planning Authority again for further advice. 
It is acknowledged that pre application advice was previously provided to the
applicant advising that whilst the loss of the section of open space would be
regrettable the application could likely be supported. However, on further
consideration and in light of more detailed plans being submitted as part of the
detailed application it is now considered that the proposal is not acceptable.
Objections from local residents and the local community council all highlight the
importance of this amenity space and on street parking at this location and are
significant material considerations. 
Recommendation:
Refuse planning permission 
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Refusal of Planning Permission
Town and Country Planning (Scotland) Act 1997 
Reg. No.   24/00706/DPP 
Lothian Plans
18 Laidlaw Gardens
Tranent
EH33 2QH 
Midlothian Council, as Planning Authority, having considered the application by 
Mr Sidney Carnevale, 36 Hunter Terrace, Loanhead, EH20 9SJ, which was registered on
14 November 2024 in pursuance of their powers under the above Acts, hereby refuse
permission to carry out the following proposed development: 
Formation of driveway and associated access at 36 Hunter Terrace, Loanhead, 
EH20 9SJ 
in accordance with the application and the following documents/drawings: 
Document/Drawing. Drawing No/Scale Dated
Existing and Proposed Site Plan 36HT-P1 Rev B 1:200 10.12.2024
Location Plan 36HT-PL2 Rev A 1:1250 14.11.2024
Existing and Proposed Elevations 36HT-PL3 Rev A 1:50 08.11.2025 
The reason(s) for the Council's decision are set out below:  
1. The proposed access for vehicular use and possibly for parking will detract from the
positive contribution to the visual amenity of the area that this area of open space
provides.  
2. The proposed driveway will result in the loss of on street parking in an area where
on street parking spaces are already limited. This would place additional pressure
on the limited number of public parking spaces available.  
3. Approval of the application could make it difficult to resist further similar proposals
which would degrade the visual amenity of the area further and place additional
pressure on on-street parking for local residents.  
4. For the above reasons the proposal is contrary to policies 14 and 16 of NPF4 and
DEV2 of the Adopted Midlothian Local Development Plan 2017 which seeks to
protect the amenity of the built up area.     
Appendix D
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Page 64

Dated    14 / 5 / 2025 
……………………………..
Duncan Robertson
Lead Officer – Local Developments 
Fairfield House, 8 Lothian Road, Dalkeith, EH22 3ZN 
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Informative Note
The proposed development lies within an area that has been defined by the Mining Remediation
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
Mining Remediation 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 a suitable engineering design which takes account of all relevant safety and
environmental risk factors, including mine gas and mine-water. Your attention is drawn to the Mining
Remediation Authority Policy in relation to new development and mine entries available at:
https://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 Mining Remediation 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.
Application forms for Mining Remediation Authority permission and further guidance can be
obtained from The Mining Remediation Authority’s website at: www.gov.uk/get-a-permit-to-deal-with-
a-coal-mine-on-your-property 
What is a permit and how to get one? https://www.gov.uk/government/publications/permit-
process/permit-process 
In areas where shallow coal seams are present caution should be taken when carrying out any on site
burning or heat focused activities. 
If any future development has the potential to encounter coal seams which require excavating, for
example excavation of building foundations, service trenches, development platforms, earthworks,
non-coal mineral operations, an Incidental Coal Agreement will be required. Further information
regarding Incidental Coal Agreements can be found here -
https://www.gov.uk/government/publications/incidental-coal-agreement/guidance-notes-for-
applicants-for-incidental-coal-agreements 
If any coal mining features are unexpectedly encountered during development, this should be
reported immediately to the Mining Remediation Authority on 0800 288 4242. Further information is
available on the Mining Remediation Authority website at: 
Mining Remediation Authority https://www.gov.uk/government/organisations/mining-remediation-
authority 
Informative Note valid from 1st January 2025 until 31st December 2026
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Appendix E
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