Agenda Document Pack - Local Review Body - 12/05/2025
Midlothian Council · 12 May 2025
Back to Local Review Body — 12 May 2025 and its agenda
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Notice of Meeting and Agenda Local Review Body Venue: Council Chambers/Hybrid, Midlothian House, Dalkeith, EH22 1DN Date: Monday, 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
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1 Welcome, Introductions and Apologies 2 Order of Business Including notice of new business submitted as urgent for consideration at the end of the meeting. 3 Declaration of Interest Members should declare any financial and non-financial interests they have in the items of business for consideration, identifying the relevant agenda item and the nature of their interest. 4 Minute of Previous Meeting 4.1 Minute of meeting of Local Review Body 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 Page 2 of 67
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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
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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. Page 4 of 67
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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. Page 5 of 67
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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. Page 6 of 67
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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
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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. Page 8 of 67
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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 Page 9 of 67
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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) Erection of fence (retrospective) 25 Carlowrie Place, Gorebridge, EH23 4XL File No. 24/00745/DPP Scale 1:500 Appendix A Page 10 of 67
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Appendix B Page 11 of 67
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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]
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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.
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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 I Hilvf" p 11ACH€:!) Arv A'J)::[)1 TIOf'JAl l-£ Ti ER PR o v I J) ; N G � uR TH E Q €: >< ? L -A rv A T IO rv OF H Y' 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. Page 14 of 67
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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,. Page 15 of 67
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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 Page 16 of 67
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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] Page 17 of 67
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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 Page 18 of 67
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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 Page 19 of 67
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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. Page 20 of 67
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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 Page 21 of 67
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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 Page 22 of 67
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Dated 17 / 1 / 2025 …………………………….. Duncan Robertson Lead Officer – Local Developments, Fairfield House, 8 Lothian Road, Dalkeith, EH22 3ZN Page 23 of 67
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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-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
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Appendix E Page 25 of 67
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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. Page 26 of 67
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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). Page 27 of 67
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6 Recommendations 6.1 It is recommended that the LRB: a) determine the review; and b) the planning advisor draft and issue the decision of the LRB through the Chair Peter Arnsdorf Planning, Sustainable Growth and Investment Manager Date: 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 Page 28 of 67
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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 dormer window 53A High Street, Bonnyrigg, EH19 2DB File No. 25/00091/DPP Scale 1:500 Appendix A Page 29 of 67
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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 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 Page 30 of 67
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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 53A HIGH STREET Habibur Midlothian Council Khan High Street 53A BONNYRIGG EH19 2DB EH19 2DB United Kingdom 665332 Bonnyrigg 330859 Page 31 of 67
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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. Page 32 of 67
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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 Page 33 of 67
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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 Page 34 of 67
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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
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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. Page 37 of 67
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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 Page 38 of 67
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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 Page 39 of 67
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NPF4 Policy 1 Tackling the climate and nature crises When considering all development proposals significant weight will be given to the global climate and nature crises. Policy 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. Page 40 of 67
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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 Page 41 of 67
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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 Page 42 of 67
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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 Page 43 of 67
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Dated 8 / 4 / 2025 …………………………….. Duncan Robertson Lead Officer – Local Developments Fairfield House, 8 Lothian Road, Dalkeith, EH22 3ZN Page 44 of 67
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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 Page 45 of 67
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Appendix E Page 46 of 67
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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: Page 48 of 67
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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). Page 49 of 67
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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 Page 50 of 67
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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 Page 51 of 67
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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 Page 52 of 67
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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 Page 53 of 67
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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 Page 54 of 67
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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 Page 55 of 67
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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 Page 56 of 67
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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. Page 57 of 67
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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 Page 58 of 67
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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 Page 59 of 67
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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: Page 60 of 67
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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 Page 61 of 67
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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 Page 62 of 67
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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 Page 63 of 67
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Dated 14 / 5 / 2025 …………………………….. Duncan Robertson Lead Officer – Local Developments Fairfield House, 8 Lothian Road, Dalkeith, EH22 3ZN Page 64 of 67
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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 Page 65 of 67
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Appendix E Page 66 of 67
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