Agenda Document Pack - Local Review Body - 05/12/2022
Midlothian Council · 5 December 2022
Back to Local Review Body — 5 December 2022 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
Notice of Meeting and Agenda Local Review Body Venue: Council Chambers, Midlothian House, Dalkeith, EH22 1DN Date: Monday, 05 December 2022 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 94
Page 2
1 Welcome, Introductions and Apologies 2 Order of Business Including notice of new business submitted as urgent for consideration at the end of the meeting. 3 Declaration of Interest Members should declare any financial and non-financial interests they have in the items of business for consideration, identifying the relevant agenda item and the nature of their interest. 4 Minute of Previous Meeting 4.1 Minute of Meeting of 25 October 2022 submitted for approval 3 - 6 5 Public Reports Notices of Review - Determination Reports by Chief Officer Place 5.1 4 Elmfield Park, Dalkeith (22.00248.DPP) 7 - 32 5.2 11 Mansfield Place, Newtongrange (22.00562.DPP) 33 - 50 5.3 Land adjacent Noblehall, Howgate (22.00127.PPP) 51 - 72 5.4 15 Hoggan Way, Loanhead (22.00373.DPP) 73 - 94 6 Private Reports No items for discussion 7 Date of Next Meeting The next meeting will be held on Monday 23 January 2023 at 1 pm. 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 94
Page 3
Minute of Meeting Local Review Body Date Time Venue 25 October 2022 1.00pm Virtual Meeting using MS Teams Present: Councillor Imrie (Chair) Councillor Alexander Councillor Bowen Councillor Cassidy Councillor McEwan Councillor McManus Councillor Smaill Councillor Virgo In Attendance: Peter Arnsdorf Planning, Sustainable Growth and Investment Manager Derek Oliver Chief Officer, Place Mhairi-anne Cowie Planning Officer Janet Ritchie Democratic Services Officer Local Review Body Tuesday 5 December 2022 Item No 4.1 Page 3 of 94
Page 4
1 Welcome, Introductions and Apologies The Chair welcomed everyone to the meeting and asked those present on behalf of the Applicants and those present on behalf of the Residents if they were happy to for the proceedings to be recorded live, all present were in agreement. 2 Order of Business The order of business was as outlined in the agenda previously circulated. 3 Declarations of interest Councillor Smaill declared that he had attended the Whitehill Site in September 2021 with a Planning Officer and the issues were as they are today. 4 Minute of Previous Meeting The Minute of the Meeting of 13 September 2022 and Minute of Special Meeting of 26 September 2022 were submitted and both were approved as correct records. 5 Reports Agenda No Report Title Presented by: 5.1 Land at Whitehill Farm, Whitehill Village, Dalkeith (21/00239/PPP) Mhairi-anne Cowie Outline of report and summary of discussion The purpose of this report was to provide a framework for the Local Review Body (LRB) to consider a ‘Notice of Review’ for planning permission in principle for the erection of a dwelling house; the erection of agricultural building and associated works at land at Whitehill Farm, Whitehill Village, Dalkeith. Planning application 21/00239/PPP for planning permission in principle for the erection of a dwelling house; the erection of agricultural building and associated works at land at Whitehill Farm, Whitehill Village, Dalkeith was refused planning permission on 22 November 2021; a copy of the decision is attached to this report. In accordance with the procedures for the Local Review Body, the Chair gave a brief overview of the Review Hearing procedures. Thereafter, oral representations were received firstly from Applicant’s representatives, Local Authority Planning Officer and interested parties following which they responded to Members’ questions/comments. The LRB then gave careful consideration to the merits of the case based on all the information provided both in writing and in person at the Hearing. In discussing the proposed development and the reasons for its refusal, the LRB considered all points raised both for the Application and against the application, in particular the issues with the access road but also the agricultural benefits this will bring to the local area. Page 4 of 94
Page 5
Councillor McManus, seconded by Councillor Cassidy moved to uphold the Review Request, and grant Planning Permission subject to the terms and conditions as set out in the report. Decision The Local Review Body agreed to uphold the Appeal and grant Planning Permission for the erection of a dwelling house; the erection of agricultural building and associated works at land at Whitehill Farm, Whitehill Village, Dalkeith subject to the conditions as detailed within the report. Action Planning, Sustainable Growth and Investment Manager Agenda No Report Title Presented by: 5.2 Land 170m East of Newrigg, Nine Mile Burn, Penicuik (22/00040/MSC and 22/00054/MSC) Mhairi-anne Cowie Outline of report and summary of discussion The purpose of this report is to provide a framework for the Local Review Body (LRB) to consider a ‘Notice of Review’ for the approval of condition submissions associated with the grant of planning permission in principle for the erection of two holiday lodges at land 170m east of Newrigg, Nine Mile Burn, Penicuik. Planning application 21/00330/PPP for planning permission in principle for the erection of two holiday lodges at land 170m east of Newrigg, Nine Mile Burn, Penicuik was approved planning permission on 24 June 2021 subject to conditions as set out in the report. These two appeals against refusal of 22/00054/MSC (condition 1a, 1c, 1d, 1e and 1i of 21/00330/PPP) and 22/00040/MSC (condition 2 on planning permission in principle 21/00330/PPP) are about a difference of opinion between the appellant and the Council’s Planning Officers concerning the siting, design and materials for 2 holiday lodges on a site at Peggyslea Farm which already has planning permission in principle for 2 lodges. In accordance with the procedures for the Local Review Body, the Chair gave a brief overview of the Review Hearing procedures. Thereafter, oral representations were received firstly from Applicant’s representatives and Local Authority Planning Officer following which they responded to Members’ questions/comments. The LRB then gave careful consideration to the merits of the case based on all the information provided both in writing and in person at the Hearing. In discussing the proposed development and the reasons for its refusal, the LRB considered the reasons for refusal and specifically the siting, design and materials for the lodges. Councillor McManus, seconded by Councillor Virgo moved to uphold the Review Request and grant Planning Permission. Page 5 of 94
Page 6
Decision The LRB agreed to uphold the Review Request and approve the Application and discharge the conditions attached to a grant of Planning Permission in principle (21/00330/PPP) Action Planning, Sustainable Growth and Investment Manager Councillor Smaill due to other commitments left the meeting at 2.43 pm Agenda No Report Title Presented by: 5.3 4 High Street, Loanhead (22/00267/DPP) Mhairi-anne Cowie Executive Summary of Report The purpose of this report was to provide a framework for the Local Review Body (LRB) to consider a ‘Notice of Review’ for the infill of existing windows; alterations to door and window openings (retrospective) at 4 High Street, Loanhead. Planning application 22/00267/DPP for the infill of existing windows; alterations to door and window openings (retrospective) at 4 High Street, Loanhead was refused planning permission on 14 June 2022. The LRB, having gave careful consideration to the merits of the case based on all the written information provided. Councillor Russell, seconded by Councillor Alexander moved to uphold the Review. Decision The LRB agreed to uphold the Review Request, and grant Planning Permission for the infill of existing windows; alterations to door and window openings(retrospective) at 4 High Street, Loanhead for the following reason: The proposed retrospective application does not have a significant adverse impact on the on the amenity of the area, particularly in relation to overlooking and privacy and the relationship with neighbouring dwellings. Action Planning, Sustainable Growth and Investment Manager 6. Private Reports No private business was discussed. 7. Date of Next Meeting The next meeting is scheduled for Monday 5 December 2022 at 1 pm The meeting terminated at 3.00 pm Page 6 of 94
Page 7
Local Review Body Monday 5 December 2022 Item No: 5.1 Notice of Review: 4 Elmfield Park, Dalkeith Determination Report Report by Chief Officer Place 1 Purpose of Report 1.1 The purpose of this report is to provide a framework for the Local Review Body (LRB) to consider a ‘Notice of Review’ for the erection of a fence (retrospective) at 4 Elmfield Park, Dalkeith. 2 Background 2.1 Planning application 22/00248/DPP for the erection of a fence (retrospective) at 4 Elmfield Park, Dalkeith was refused planning permission on 29 July 2022; 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 information (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 29 July 2022 (Appendix D); and • A copy of the key plans/drawings/images (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 undertaking a site visit; and • Have determined to progress the review of written submissions. Page 7 of 94
Page 8
4.2 The case officer’s report identified that there was one consultation response and no representations received. As part of the review process the interested party was 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 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. 5.2 If the LRB dismisses the review, the unauthorised fence will be required to be removed/lowered to a height of one metre. In this case the applicant will be asked to comply with this requirement within two months of the LRB decision. However, the failure to undertake the required works will result in the Council having to consider issuing an enforcement notice to resolve the breach of planning control. Page 8 of 94
Page 9
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: 28 November 2022 Report Contact: Ingrid Forteath, Planning Officer ingrid.forteath@midlothian.gov.uk Background Papers: Planning application 22/00248/DPP available for inspection online. Page 9 of 94
Page 10
File No. 1:1,250Scale: 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 Midlothian Council Licence No. 100023416 (2018) ± Midlothian Council Fairfield House 8 Lothian Road Dalkeith EH22 3AA Education, Economy & Communities Erection of fence (retrospective) 4 Elmfield Park, Dalkeith 22/00248/DPP Appendix A Page 10 of 94
Page 11
Page 1 of 4 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 100603463-001 The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application. Applicant or Agent Details Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting on behalf of the applicant in connection with this application) Applicant Agent Applicant Details Please enter Applicant details Title: You must enter a Building Name or Number, or both: * Other Title: Building Name: First Name: * Building Number: Address 1 Last Name: * (Street): * Company/Organisation Address 2: Telephone Number: * Town/City: * Extension Number: Country: * Mobile Number: Postcode: * Fax Number: Email Address: * Mr David Soar Elmfield Park 4 EH22 1ER Scotland Dalkeith Appendix B Page 11 of 94
Page 12
Page 2 of 4 Site Address Details Planning Authority: Full postal address of the site (including postcode where available): Address 1: Address 2: Address 3: Address 4: Address 5: Town/City/Settlement: Post Code: Please identify/describe the location of the site or sites Northing Easting Description of Proposal Please provide a description of your proposal to which your review relates. The description should be the same as given in the application form, or as amended with the agreement of the planning authority: * (Max 500 characters) Type of Application What type of application did you submit to the planning authority? * Application for planning permission (including householder application but excluding application to work minerals). Application for planning permission in principle. Further application. Application for approval of matters specified in conditions. 4 ELMFIELD PARK erection of boundry fence Midlothian Council DALKEITH EH22 1ER 667107 333448 Page 12 of 94
Page 13
Page 3 of 4 What does your review relate to? * Refusal Notice. Grant of permission with Conditions imposed. No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal. Statement of reasons for seeking review You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement must set out all matters you consider require to be taken into account in determining your review. If necessary this can be provided as a separate document in the ‘Supporting Documents’ section: * (Max 500 characters) Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce all of the information you want the decision-maker to take into account. You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that time or that it not being raised before that time is a consequence of exceptional circumstances. Have you raised any matters which were not before the appointed officer at the time the Yes No Determination on your application was made? * If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before your application was determined and why you consider it should be considered in your review: * (Max 500 characters) Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters) Application Details Please provide the application reference no. given to you by your planning authority for your previous application. What date was the application submitted to the planning authority? * What date was the decision issued by the planning authority? * 1] Fence is no longer a stark feature, Colour has been changed to green in keeping with other boundry treatments in the street. 2] As above objection No2 is with a degree of subjectivity, as to what constitutes the street scene see photos 3] Highway and road services have made no comment or objection 4]There have been no objections from any neighbour's, only compliments 5]The garden has become a pleasant useable space with increased security, privacy, reduction in pollution and traffic noise photographs 22/00248/DPP 29/07/2022 29/03/2022 Page 13 of 94
Page 14
Page 4 of 4 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. Declare – Notice of Review I/We the applicant/agent certify that this is an application for review on the grounds stated. Declaration Name: Mr David Soar Declaration Date: 14/10/2022 Page 14 of 94
Page 15
Page 15 of 94
Page 16
Page 16 of 94
Page 17
Page 17 of 94
Page 18
Page 18 of 94
Page 19
Page 19 of 94
Page 20
Page 20 of 94
Page 21
Page 21 of 94
Page 22
Page 22 of 94
Page 23
Page 23 of 94
Page 24
MIDLOTHIAN COUNCIL DEVELOPMENT MANAGEMENT PLANNING APPLICATION DELEGATED WORKSHEET: Planning Application Reference: 22/00248/dpp Site Address: 4 Elmfield Patrk, Dalkeith Site Description: The application property comprises a semi-detached two storey dwellinghouse, and its associated garden, located within a residential area. Proposed Development: Erection of fence (retrospective) Proposed Development Details: Retrospective planning permission is being sought for a fence which has been erected around the front garden of the application property. The fence is constructed from timber and has been stained a red/brown colour and measures a maximum of 1.85m high from within the front garden of the application property and 1.5m high with 1.5m high timber gates, to the driveway within the front garden, as measured from outwith the site. (A google map search shows that this has replaced a lower wire mesh fence similar to others on the surrounding area.) Background (Previous Applications, Supporting Documents, Development Briefs): History sheet checked. The submitted application form states that the fence was completed in 2014. Google maps show the fence being under construction in 2020. Consultations: Policy and Road Safety Manager – comments that while the fence will have reduced general visibility for drivers using the driveway no objections have been received from local residents and the fence does not raise any major road safety issues. Representations: None received. Relevant Planning Policies: 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 Appendix C Page 24 of 94
Page 25
the locality. The policy guidelines contained in DP6 also relate to size of extensions, materials, impact on neighbours and remaining garden area. It also states that front porches to detached or semi-detached houses are usually acceptable provided they project less than two metres out from the front of the house. It also allowed for novel architectural solutions. The guidance set out within this policy has been successfully applied to development proposals throughout Midlothian and will be reflected within the Council’s Supplementary Guidance on Quality of Place which is currently being drafted. Planning Issues: The main planning issue to be considered is whether or not the proposal complies with the development plan policies and, if not, whether there are any material planning considerations which would otherwise justify approval. The surrounding area is in general characterised by houses set back form the road with 1m high wire mesh fences or walls along the front boundary with the pavement, with some higher hedges in places. (There is a wall incorporating railings along the front of no 19 which measures a maximum of 1.5m high, and fences measuring over 1m in height between the front gardens of nos 28 and 30 Elmfield Park and along the front of no. 3 Allan Terrace further along the street. There is no record of planning permission having been granted for these back to 1975. As erected at 1.5m high the fence is a prominent and somewhat stark feature out of keeping with the character of and detracting from the visual amenity of the area. If approved the fence could set an undesirable precedent for other similar fences along the street frontage which would lead to the degradation of the character and appearance of the area. Notwithstanding the comments received from the Policy and Road Safety Manager at its current height the fence impacts on visibility in particular from the applicant’s and to a lesser extent from the driveway of no 6 next door causing a potential road safety hazard both for vehicles and pedestrians. The fence does not have a significant impact on the amenity of the neighbouring properties in terms of outlook or daylight or sunlight. Recommendation: Refuse planning permission and appropriate enforcement action to be taken. Page 25 of 94
Page 26
Refusal of Planning Permission Town and Country Planning (Scotland) Act 1997 Reg. No. 22/00248/DPP Mr David Soar 4 Elmfield Park Dalkeith EH22 1ER Midlothian Council, as Planning Authority, having considered the application by Mr David Soar, 4 Elmfield Park, Dalkeith, EH22 1ER, which was registered on 31 May 2022 in pursuance of their powers under the above Acts, hereby refuse permission to carry out the following proposed development: Erection of fence (retrospective) at 4 Elmfield Park, Dalkeith, EH22 1ER In accordance with the application and the following documents/drawings: Document/Drawing. Drawing No/Scale Dated Location Plan 31.05.2022 Illustration/Photograph 31.05.2022 Illustration/Photograph 31.05.2022 Illustration/Photograph 31.05.2022 Illustration/Photograph 31.05.2022 Illustration/Photograph 31.05.2022 Illustration/Photograph 31.05.2022 Site Plan 31.05.2022 Site Plan 31.05.2022 Proposed Elevations 31.05.2022 The reasons for the Council's decision are set out below: 1. The fence is a very prominent and stark feature, out of character with the street scene with a detrimental impact on the character and visual amenity of the surrounding area. 2. For the above reason the fence is contrary to the aims of policy DEV 2 of the adopted Midlothian Local Development Plan 2017 which seeks to protect the character and amenity of the built-up area. 3. The fence results in a reduction in the general level of visibility in the area and a reduction in sightlines for drivers using existing driveways at this location causing a potential reduced level of road safety. Dated 29 / 07 /2022 Appendix D Page 26 of 94
Page 27
…………………………….. Matthew Atkins Lead Officer – Planning Obligations Fairfield House, 8 Lothian Road, Dalkeith, EH22 3ZN Page 27 of 94
Page 28
Any Planning Enquiries should be directed to: Planning and Local Authority Liaison Direct Telephone: 01623 637 119 (Planning Enquiries) Email: planningconsultation@coal.gov.uk Website: www.gov.uk/coalauthority INFORMATIVE NOTE The proposed development lies within an area that has been defined by the Coal Authority as containing potential hazards arising from former coal mining activity at the surface or shallow depth. These hazards can include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and former surface mining sites. Although such hazards are seldom readily visible, they can often be present and problems can occur in the future, particularly as a result of new development taking place. It is recommended that information outlining how former mining activities may affect the proposed development, along with any mitigation measures required (for example the need for gas protection measures within the foundations), is submitted alongside any subsequent application for Building Warrant approval (if relevant). Any form of development over or within the influencing distance of a mine entry can be dangerous and raises significant land stability and public safety risks. As a general precautionary principle, the Coal Authority considers that the building over or within the influencing distance of a mine entry should be avoided. In exceptional circumstance where this is unavoidable, expert advice must be sought to ensure that a suitable engineering design which takes into account all the relevant safety and environmental risk factors, including mine gas and mine-water. Your attention is drawn to the Coal Authority Policy in relation to new development and mine entries available at: www.gov.uk/government/publications/building-on-or-within-the-influencing-distance-of-mine-entries Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority Permit. Such activities could include site investigation boreholes, excavations for foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain a Coal Authority Permit for such activities is trespass, with the potential for court action. If any coal mining features are unexpectedly encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority Informative Note valid from 1st January 2021 until 31st December 2022 Page 28 of 94
Page 29
Appendix E Page 29 of 94
Page 30
Page 30 of 94
Page 31
Page 31 of 94
Page 32
Page 32 of 94
Page 33
Local Review Body Monday 5 December 2022 Item No: 5.2 Notice of Review: 11 Mansfield Place, Newtongrange Determination Report Report by Chief Officer Place 1 Purpose of Report 1.1 The purpose of this report is to provide a framework for the Local Review Body (LRB) to consider a ‘Notice of Review’ for the erection of a conservatory and associated access steps at 11 Mansfield Place, Newtongrange. 2 Background 2.1 Planning application 22/00562/DPP for the erection of a conservatory and associated access steps at 11 Mansfield Place, Newtongrange was refused planning permission on 15 September 2022; 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 15 September 2022 (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: • Have determined to undertaking a site visit; and • Have determined to progress the review by written submissions. Page 33 of 94
Page 34
4.2 The case officer’s report identified that there were no consultations required and no 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. 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 34 of 94
Page 35
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: 28 November 2022 Report Contact: Mhairi-Anne Cowie, Planning Officer Mhairi-Anne.Cowie@midlothian.gov.uk Background Papers: Planning application 22/00562/DPP available for inspection online. Page 35 of 94
Page 36
File No. 1:1,250Scale: 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 Midlothian Council Licence No. 100023416 (2018) ± Midlothian Council Fairfield House 8 Lothian Road Dalkeith EH22 3AA Education, Economy & Communities Erection of conservatory and access steps 11 Mansfield Place, Newtongrange 22/00562/DPP Appendix A Page 36 of 94
Page 37
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 100587011-002 The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application. Applicant or Agent Details Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting on behalf of the applicant in connection with this application) Applicant Agent Agent Details Please enter Agent details Company/Organisation: Ref. Number: You must enter a Building Name or Number, or both: * First Name: * Building Name: Last Name: * Building Number: Address 1 Telephone Number: * (Street): * Extension Number: Address 2: Mobile Number: Town/City: * Fax Number: Country: * Postcode: * Email Address: * Is the applicant an individual or an organisation/corporate entity? * Individual Organisation/Corporate entity John Gordon Associates Ltd John Gordon Dean Acres 3 01383850134 KY12 9XS Scotland Dunfermline Comrie Appendix B Page 37 of 94
Page 38
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 Other 11 MANSFIELD PLACE Mr & Mrs - Midlothian Council Wells NEWTONGRANGE Mansfield Place 11 DALKEITH EH22 4SF EH22 4SF United Kingdom 664811 Newtongrange 333851 Page 38 of 94
Page 39
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) Erection of conservatory and associated access steps separate sheet attached Page 39 of 94
Page 40
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. APPLICATION DRAWINGS; APPLICATION FORM; DECISION NOTICE; REASONS FOR REVIEW STATEMENT; 22/00562/DPP 15/09/2022 20/07/2022 Page 40 of 94
Page 41
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 John Gordon Declaration Date: 20/09/2022 Page 41 of 94
Page 42
JOHN GORDON ASSOCIATES LTD ARCHITECTURAL DESIGN & CONSTRUCTION MANAGEMENT Reasons for Review Erection of a Conservatory at 11 Mansfield Place, Newtongrange, EH22 4SF. The existing property is ground floor flat within a 2-storey, semi-detached building. The property is not Listed or within a Conservation Area. The property frontage faces southwest towards properties on the opposite side of Mansfield Place and further afield, properties of Hamilton Crescent. The rear of the property faces Northeast onto the rear gardens of similarly properties of Mansfield Road. The properties which make up Mansfield Place and the surrounding streets are all of very similar styles and sizes. Mostly semi-detached properties which are also “four in a block” flatted dwellings. There is nothing particularly special or historic about the area. 11 Mansfield Place, Front Elevation. Page 42 of 94
Page 43
11 Mansfield Place, Side Elevation View right of 11 Mansfield Place Page 43 of 94
Page 44
View opposite 11 Mansfield Place The application is essentially for the erection of a front porch on a ground floor flat. The proposed porch is intended to provide the applicant, who are of advancing age, with an easier access to the property which is also closer to the driveway. We do not agree with the refusal reason stating the front porch would be over dominant, it's a front porch and it looks like a porch. There were no issues raised to us in this regard during the application. Also, there would be very little to impact on daylight to the neighbouring property, the second reason for refusal, I have added some lines to the drawing to show this but we were not asked for this information during the application either. To conclude, it is our opinion that a the proposed front porch would not look out of oplace in the street but instead would serve to enhance the appearance of the modern property. The erection of a porch as proposed would not be harmful or detractful to the surrounding area but would greatly enhance the lives of it’s occupants. There were no complaints or objections received from any of the interested parties during the application process therefore it should be allowed to proceed. Page 44 of 94
Page 45
MIDLOTHIAN COUNCIL DEVELOPMENT MANAGEMENT PLANNING APPLICATION DELEGATED WORKSHEET: Planning Application Reference: 22/00562/DPP Site Address: 11 Mansfield Place, Newtongrange. Site Description: The application site comprises a ground floor flat of a four-in-a- block and associated garden ground. The building has light brown dry dash and grey painted breezeblock basecourse walls, a slate roof and brown framed windows. The site is in a residential area with similar four-in-a-block buildings. Proposed Development: Erection of conservatory and associated access steps. Proposed Development Details: The proposed conservatory is on the front elevation measuring 3.1 metres wide by 3 metres deep with a monopitch roof 3.4 metres high. The frames are to be brown uPVC and the walls are to match existing. Background (Previous Applications, Supporting Documents, Development Briefs): Application site 99/00544/FUL Formation of driveway and access. Permitted. 12 Mansfield Place 0422/96/FUL Installation of driveway. Permitted. Consultations: No consultations were required. Representations: No representations were received. Relevant Planning Policies: The relevant policies of the 2017 Midlothian Local Development Plan are; DEV2 Protecting Amenity within the Built-Up Area advises that development will not be permitted where it is likely to detract materially from the existing character or amenity of the area. DEV6 Layout and Design of New Development requires good design and a high quality of architecture, in both the overall layout of developments and their constituent parts. The layout and design of developments are to meet listed criteria. 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 Appendix C Page 45 of 94
Page 46
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. Extensions to the fronts of houses are generally approved if they are small and sympathetically designed. In these cases the existing character of the individual house and of the street scene is retained. The majority of such extensions are front porches, a main purpose of which is to give added protection to the entrance door to the house and usually these do not project more than 2 metres from the front wall of the original house. At 3.1 metres wide by 3 metres deep the proposed conservatory would appear as a bulky and prominent addition at the front of the house and would be very prominent in the streetscene, where there are no similar extensions on the front elevations. The proposed conservatory would detract from the appearance of the application site and the established character of the area. Due to the position and size of the conservatory and the orientation of the building, this will likely have an impact on the neighbouring ground floor property where there is a large window which serves a living room. The proposed conservatory will likely have an adverse impact on morning daylight to the neighbouring property. The conservatory will be quite prominent as viewed from the neighbouring property but will not be overbearing to the outlook due to the size of the window. Recommendation: Refuse planning permission. Page 46 of 94
Page 47
Refusal of Planning Permission Town and Country Planning (Scotland) Act 1997 Reg. No. 22/00562/DPP John Gordon Associates Ltd 3 Dean Acres Comrie Dunfermline KY12 9XS Midlothian Council, as Planning Authority, having considered the application by Mr and Mrs Wells, 11 Mansfield Place, Newtongrange, EH22 4SF, which was registered on 21 July 2022 in pursuance of their powers under the above Acts, hereby refuse permission to carry out the following proposed development: Erection of conservatory and associated access steps at 11 Mansfield Place, Newtongrange, EH22 4SF In accordance with the application and the following documents/drawings: Document/Drawing. Drawing No/Scale Dated Location Plan 61835/LP 1:1250 21.07.2022 Floor Plan, Elevations, Cross Sections 61835/2 1:500 1:100 21.07.2022 The reasons for the Council's decision are set out below: 1. The proposed conservatory will appear over-dominant on the public front elevation and will appear as an incongruous feature detracting from both the appearance of the principal elevation of application property and the street scene. 2. The proposed conservatory will likely have an adverse impact on daylight to the neighbouring property. 3. For the above reasons the proposal is contrary to policy DEV 2 of the adopted Midlothian Local Development Plan 2017 which seeks to protect the character and amenity of the built-up area. Appendix D Page 47 of 94
Page 48
Dated 15 / 9 / 2022 …………………………….. Duncan Robertson Lead Officer – Local Developments Fairfield House, 8 Lothian Road, Dalkeith, EH22 3ZN Page 48 of 94
Page 49
Any Planning Enquiries should be directed to: Planning and Local Authority Liaison Direct Telephone: 01623 637 119 Email: planningconsultation@coal.gov.uk Website: www.gov.uk/coalauthority STANDING ADVICE The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is also available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority Standing Advice valid from 1st January 2021 until 31st December 2022 Page 49 of 94
Page 50
Scale: 1:100 Ref: 61835/2 Proposed Porch 5/7/22 Mr. & Mrs. Wells, 11 Mansfield Place, Newtongrange. EH22 4SF. Copyright of this drawing, and all other associated drawings, is owned by John Gordon Associates Ltd at the above address. John Gordon Associates Ltd.3 Dean Acres, Comrie, Fife. KY12 9XS Tel: 01383 850 134 E-mail: gordonassociates@sky.com 3000.0 3500.0 300.0 2254.0 8° > Lounge Front Elevation As Existing Brown UPVC porch fitted with 12,000mm² trickle ventilation. Roof frames glazed with double glazed, toughened sealed units, 'AA' rated, U-value 1.6W/m² °K. Wall frames glazed with double glazed, toughened sealed units, U-value 1.6W/m² °K. 825.02100.0 3360.0 As Proposed Side Elevations As Proposed Matching finish to base walls. 450.0 N. 0. Scale Bar (m) 1:100 1. 2. 3. 0. 5. 10. 15. Scale Bar (m) 1:500 Site Plan1:500 Appendix E Page 50 of 94
Page 51
Local Review Body Monday 5 December 2022 Item No: 5.3 Notice of Review: Land adjacent to Noblehall, Howgate Determination Report Report by Chief Officer Place 1 Purpose of Report 1.1 The purpose of this report is to provide a framework for the Local Review Body (LRB) to consider a ‘Notice of Review’ for planning permission in principle for the erection of dwellinghhouse on land adjacent to Noblehall, Howgate. 2 Background 2.1 Planning application 22/00127/PPP for planning permission in principle for the erection of dwellinghhouse on land adjacent to Noblehall, Howgate was refused planning permission on 17 June 2022; 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 information (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 June 2022 (Appendix D); and • A copy of the key plans/drawings/images (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 undertaking a site visit; and • Have determined to progress the review of written submissions. Page 51 of 94
Page 52
4.2 The case officer’s report identified that there were four consultation responses and one representation received. As part of the review process the interested party was 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 not later than the expiration of five years beginning with the date of this permission. Reason: To accord with the provisions of Section 59(2) of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning (Scotland) Act 2019). 2. Development shall not begin until an application for the approval of matters specified in conditions for the following details has been submitted to and approved in writing by the planning authority: a) A detailed layout plan of the site showing the; siting of the proposed house, details of vehicular access, parking provision Page 52 of 94
Page 53
and manoeuvring within the site and details of all walls, fences or other means of enclosure, including bin stores or other ancillary structures; b) Existing and finished ground levels and floor levels for all buildings, open space and access roads in relation to a fixed datum; c) Detailed plans, sections and elevations of the proposed house, indicating the colour and type of materials to be used on the external walls, roof and windows; d) Details of all hard surfacing and kerbing; e) Details of a sustainability/biodiversity scheme for the site, including the provision of house bricks and boxes for bats and swifts; f) Details of the provision of ultrafast fibre broadband connections for the house; g) Details of the provision of an electric vehicle charging station; h) Proposals for the treatment and disposal of foul and surface water drainage from the proposed house. Unless otherwise approved in writing by the planning authority, the surface water drainage shall comply with the standards detailed in Scottish Water’s SUDS Manual; and i) Details of a scheme of existing and proposed landscaping at the site and a plan and planting schedule detailing the position, number, size and species of all trees and shrubs that are proposed to be planted; all trees on the site which are to be removed and retained; and details of the means of protection of all trees that are to be retained. The details shall include the phasing/timing of implementation of the development components set out in a) – i) above. Development shall thereafter be carried out in accordance with the approved details or such alternatives as may be agreed in writing with the planning authority. Reason: Permission is granted in principle only. No details were approved with the application and detailed consideration is required for the siting, massing and design of the proposed dwellinghouse and site access arrangements; to ensure protected species are not adversely affected. 3. The house approved in terms of conditions 2a) and 2c) shall be a maximum of two storeys high with the upper level of accommodation provided wholly within the roofspace. Reason: To be in keeping with the surrounding houses within the housing group; to protect the visual amenity of the surrounding rural area. 4. The scheme of landscaping approved in accordance with condition 2i) shall include details of native tree and hedgerow planting to the south and west of the house as well as along the site boundaries. 5. The scheme of landscaping approved in accordance with condition 2i) shall be carried out and completed within six months of the house either being completed or brought into use, whichever is the Page 53 of 94
Page 54
earlier date. Any trees removed, dying, severely damaged or becoming seriously diseased within five years of planting shall be replaced in the following planting season by trees of a size and species similar to those originally required. Reason for conditions 4 and 5: To ensure the landscaping is appropriate to the rural surroundings and integrates the development into the area; to ensure that the landscaping is carried out and becomes successfully established. 6. Before the new house is occupied the installation of the means of drainage treatment and disposal approved in terms of condition 2h) above shall be completed to the satisfaction of the planning authority. Reason: To ensure that the house is provided with adequate drainage facilities prior to occupation. 7. Development shall not begin until an application for approval of matters specified in conditions for a programme of archaeological works (monitored soil strip) has been carried out at the site by a professional archaeologist in accordance with details submitted to and approved in writing by the planning authority. Reason: To ensure this development does not result in the unnecessary loss of archaeological material in accordance with policy ENV25 of the Midlothian Local Development Plan 2017. 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: 28 November 2022 Report Contact: Mhairi-Anne Cowie, Planning Officer Mhairi-Anne.Cowie@midlothian.gov.uk Background Papers: Planning application 22/00127/PPP available for inspection online. Page 54 of 94
Page 55
File No. 1:5,000Scale: 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 Midlothian Council Licence No. 100023416 (2018) ± Midlothian Council Fairfield House 8 Lothian Road Dalkeith EH22 3AA Education, Economy & Communities Erection of dwellinghouse Land Adjacent to Noblehall, Howgate 22/00127/PPP Appendix A Page 55 of 94
Page 56
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 100536540-002 The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application. Applicant or Agent Details Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting on behalf of the applicant in connection with this application) Applicant Agent Agent Details Please enter Agent details Company/Organisation: Ref. Number: You must enter a Building Name or Number, or both: * First Name: * Building Name: Last Name: * Building Number: Address 1 Telephone Number: * (Street): * Extension Number: Address 2: Mobile Number: Town/City: * Fax Number: Country: * Postcode: * Email Address: * Is the applicant an individual or an organisation/corporate entity? * Individual Organisation/Corporate entity Fred Walker Associates Peter Walker Silverburn 19 Biggar Road 01968 672588 EH26 9LQ Midlothian Penicuik Appendix B Page 56 of 94
Page 57
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 Mrs Peta Midlothian Council Harris Crown Drive 60 IV2 3QG Land south of Noble Hall at Cleikeminn, Howgate, Penicuik EH26 8QD. UK 658385 Inverness 324742 Page 57 of 94
Page 58
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) Proposed site for a single dwelling house on what is, at present, farmland. The applicant remains of the view that the proposed house plot forms a natural extension to Cleikeminn & feels that the suggested site layout continues the established pattern of the settlement. Site contours, existing trees & proposed planting would all combine to minimise impact on neighbours, the wider landscape & views west to the Pentland Hills from the B7026. Please see original Design & Access Statement, which details the case for compliance with relevant planning policy. Page 58 of 94
Page 59
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. - Location Plan & Site Layout 769/PPP - Design & Access Statement 22/00127/PPP 17/06/2022 18/02/2022 Page 59 of 94
Page 60
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 Peter Walker Declaration Date: 06/09/2022 Page 60 of 94
Page 61
Application for Planning Permission in Principle. Proposed site for a new dwelling house: - Land adjacent to Noble Hall at Cleikeminn, Howgate, Penicuik EH26 8QD. Cleikeminn comprises 5 dwellings & lies within Howgate but a short distance to the north of the main village, on the west side of the B7026 Glencorse / Auchendinny - Howgate road. The proposed house site lies immediately to the south of Cleikeminn on agricultural ground which is generally used for sheep grazing. The plot sits below road level & is sheltered by landscape / vegetation to the north & east but has open views towards the Pentland hills to the west. The proposed development would form a natural extension to Cleikeminn, continuing the group. Separation from the main village of Howgate would be maintained by the steep hillside to the south of the proposed site. The location below road level together with existing & proposed planting would contribute to minimising visual impact on neighbours & on views to the west from the B7026. Relevant Planning Policy Extracts from Midlothian Local Plan: Supplementary Guidance Development in the Countryside: Policy DP1, Section 1.2: Housing Groups: - Context "3. Planning policy in Midlothian primarily allows for the development of a new house in the countryside only where it can be demonstrated that it is required for the furtherance of an established countryside activity (refer to MLP polices RP1 and DP1). The Housing Groups policy (policy DP1, section 1.2 – refer Appendix B) provides an exception to this by permitting, subject to satisfying certain criteria, a new house to be built where there is an existing group of at least five houses at the commencement of the Local Plan period, ie 23 December 2008. This brings some flexibility to the ‘development in the countryside’ policy to enable it to accommodate limited growth whilst ensuring that any such development is: - of an appropriate scale to the locality; - causes minimal adverse impact to the landscape and character of the area; and - has appropriate access to public transport and/or local facilities." APPENDIX B: Policy DP1 – Development in the Countryside Section 1.2: Housing Groups "Where there are clearly identifiable groupings of 5 or more houses in close proximity, already located in the countryside and outwith village envelopes, it may be possible to supplement these with a limited number of additional Page 61 of 94
Page 62
dwellings subject to the following criteria: a) the location is outwith the Green Belt; b) the new units are restricted to a maximum of 1 new unit per 5 existing units within the Local Plan period; c) the location is close to local services (school, shops) and/or has access to a regular public transport service giving access to such facilities; d) the new units fit in the landscape and are of a character and scale appropriate to the existing units; e) the new units are capable of being served by an adequate and appropriate access; f) the new units are capable of being provided with drainage and a public water supply at reasonable cost, or an alternative acceptable private water supply, and avoid unacceptable discharge to watercourses; g) the new units incorporate sustainable building design; h) the new units enhance the landscape and appearance of the existing group of buildings; and i) the new units will not result in ribbon development and the plot size/width should be similar to other units within the group." Response - FWA a) Cleikeminn / Howgate lies outwith the Edinburgh Green Belt. b) The long established grouping of 5 units has not been added to in recent times. c) Penicuik lies a short distance to the north with schools, shops & regular public transport to Edinburgh. d) Detailed design would be addressed in a future detailed Planning application but the intention would be to create a new dwelling of appropriate character & scale. e) The well established access to the fields would be used to access the plot. f) Subject to agreement with Scottish Water & SEPA, it is anticipated that a new connection would be made to the public water supply & a 'biodisc' type domestic treatment plant would be located within the curtilage. g) Any new dwelling must be designed with sustainability & energy efficiency in mind. The south-westerly aspect lends itself to taking advantage of the principles of passive solar design together with micro generation in the form of solar panels. There would also be scope on site for ground &/or air source heat pump technology. h) Again, house design would be tackled at detailed Planning application stage but with appropriate siting as proposed here, sympathetic planting & reference to the traditional buildings in & around Howgate the new dwelling would compliment & contribute to the established group at Cleikeminn. i) Cleikeminn would remain distinct from the main village of Howgate. The plot size proposed is broadly similar to neighbouring properties. Fred Walker Associates, Architects. February 2022 Page 62 of 94
Page 63
Looking North Over Proposed Site to Cleikeminn Looking East Towards Proposed Site & B7026 Page 63 of 94
Page 64
MIDLOTHIAN COUNCIL DEVELOPMENT MANAGEMENT PLANNING APPLICATION DELEGATED WORKSHEET: Planning Application Reference: 22/00127/PPP Site Address: Land adjacent to Noblehall, Howgate, Penicuik. Site Description: The application site comprises part of an agricultural field used for grazing. There are some buildings on site which appear to be used for stabling horses. There are fields to the west, south and east and five houses and associated garden ground to the north. The land slopes up to the south and the site sits lower than the road to the east. The village of Howgate lies further south. There is landscaping between the site and the house to the north, with the remainder of the boundaries open. Proposed Development: Application for planning permission in principle for erection of dwellinghouse. Proposed Development Details: The application is for planning permission in principle, however the applicant’s agent has submitted an indicative site plan. This shows the siting of one four bed house centrally within the site. The existing field access will be used for the house. The access point is outwith the site boundary but in land the applicant controls. Two parking spaces are indicated, along with new planting and dry stone wall boundaries. This will be served by a new septic tank and soakaway and will connect to the public water supply. A supporting statement has been submitted, making reference to housing group policies. The statement makes the following comments: The proposed site forms part of a housing group, or a similar size to the neighbouring plots and would be a natural extension to the group; The lower ground levels and existing and proposed planting out minimise visual impact on neighbours and views from the west; and, The house will be of appropriate scale for the area and include micro- renewable technology. Background (Previous Applications, Supporting Documents, Development Briefs): No relevant history. Consultations: The Council’s Policy and Road Safety Manager has no objection. The Council’s Senior Manager Protective Services was consulted and states that there appears to be a business operating from Noblehall to the north which produces wood products. Due to the nature of the business, this is likely to have a detrimental impact on the amenity of any future residents at this site. There could be measures to mitigate this to bring any noise to an acceptable level for any future occupants. Appendix C Page 64 of 94
Page 65
Scottish Water has no objection. They state that there is no waste water infrastructure in the area and that they will not accept any surface water connections to the combined sewer. They also state their records appear to show abandoned water infrastructure within the site. They ask the applicant to contact them if the infrastructure requires to be removed to allow works to proceed. The Council’s Archaeological Consultant recommends a condition be attached to any permission requiring a programme of archaeological works be submitted for approval before any works begin on site. Representations: One representation has been received neither objecting to nor supporting the proposal. They state there is a wood fuel business in the area which involves processing logs between April and September that may result in noise to the proposed house. Relevant Planning Policies: The relevant policies of the 2017 Midlothian Local Development Plan are; DEV5 Sustainability in New Development sets out the requirements for development with regards to sustainability principles; DEV6 Layout and Design of New Development states that good design and a high quality of architecture will be required in the overall layout of development proposals. This also provides guidance on design principles for development, materials, access, passive energy gain, positioning of buildings, open and private amenity space provision and parking; DEV7 Landscaping in New Development requires development proposals to be accompanied by a comprehensive scheme of landscaping. The design of the scheme is to be informed by the results of an appropriately detailed landscape assessment; TRAN5 Electric Vehicle Charging seeks to support and promote the development of a network of electric vehicle charging stations by requiring provision to be considered as an integral part of any new development or redevelopment proposals; IT1 Digital Infrastructure supports the incorporation of high speed broadband connections and other digital technologies into new homes, business properties and redevelopment proposals; RD1 Development in the Countryside states development in the countryside will only be permitted if: it is required for the furtherance of agriculture, including farm related diversification, horticulture, forestry, countryside recreation or tourism; it accords with other named policies; or it accords with the Council’s Supplementary Guidance on Development in the Countryside and Green Belt. All such development will need to be: of a scale and character appropriate to the rural area and well integrated into the rural landscape; capable of being serviced with an adequate and appropriate access; capable of being provided with drainage and a public water supply at reasonable cost, or an acceptable private water supply, avoiding unacceptable discharge to watercourses; and accessible by public transport and services, within 1 mile of a bus route with a frequency of 1 bus per hour. In the case of businesses, these should not be primarily of a retail nature and do not harm the amenity of nearby residents through unacceptable levels of noise, light or traffic; Page 65 of 94
Page 66
ENV7 Landscape Character states that development will not be permitted where it significantly and adversely affects local landscape character. Where development is acceptable, it should respect such character and be compatible in terms of scale, siting and design. New development will normally be required to incorporate proposals to maintain the diversity and distinctiveness of the local landscapes and to enhance landscape characteristics where they have been weakened; and ENV18 Noise states that the Council will seek to prevent noisy developments from damaging residential amenity or disturbing noise sensitive uses. Where new developments with the potential to create significant noise are proposed, these may be refused or required to be modified so that no unacceptable impact at sensitive receptors is generated. Applicants may be required to carry out a noise impact assessment either as part of an Environmental Impact Assessment or separately. Where new noise sensitive uses are proposed in the locality of existing noisy uses, the Council will seek to ensure that the function of the established operation is not adversely affected. Supplementary Guidance for Housing Development in the Countryside and Green Belt is adopted and expands policy RD1 and the criteria to be met in such proposals. This provides some support the development of one house where there is a group of 5 or more existing dwellinghouses. A house may be permitted where there is small-scale infill within such groups. Houses should generally be located within any gaps in the group. Where there are no gaps, consideration will be given to locations adjoining the existing group, particularly where there is a site that adjoins the group on two sides. Where there are existing physical or visual barriers separating the site or where distance results in the site being remote from the host group, development will not be acceptable. Proposals in open fields adjoining a group, which have not physical features to provide containment will not be acceptable. Proposals which impact adversely on trees, hedgerow and boundary features, or are located on the opposite side of physical features which form strong boundaries for a group will not be acceptable. The design of any proposed dwelling is an important consideration. Development must be small-scale in relation to the existing group and respect the character, cohesiveness and amenity of the group being extended. Planning Issues: The main planning issue to be considered is whether or not the proposal complies with the development plan policies and, if not, whether there are any material planning considerations which would otherwise justify approval. The planning authority has restrictive policies in relation to proposals for new housing developments within the countryside. These aim to prevent the creeping suburbanisation of the countryside which is under significant pressure due to the convenient commuting distance to Edinburgh. However there are enabling policies, within the adopted Midlothian Local Development Plan, which support some forms of residential developments within the countryside. The wording of Policy RD1 contains several sections were houses could be acceptable in the countryside. The proposed house is not required for the furtherance of an established countryside activity, nor is it a replacement house nor does it relate to the conversion or redevelopment of existing redundant farm buildings or other non-residential Page 66 of 94
Page 67
buildings. The proposal is not an enabling development where it is clearly shown that this is the only means of preventing the loss of a heritage asset and securing its long term future. Policy RD1 provides some support for houses in groups where 1 new dwelling is permitted during the plan period where there are 5 existing units. There are 5 houses within the group to the north of the site and therefore potential for one further house in the current MLDP period. Any new house must form part of the group and meet the criteria included in the SG for suitable plots within groups. The specific guidance for the housing group at Cleikeminn in the previous Supplementary Planning Guidance states the fields to the west and east are very open with no physical features to provide containment. It was considered that there is only potential for an additional house within the garden grounds of existing properties. The indicative site plan shows a house to the south of the housing group, which is well contained by existing landscaping. This is not a gap site but joins the group on one side. The indicative position of the house does not follow the pattern of the houses in the group, which are close to the road and of a particular character. Also the existing landscaping which forms the northern boundary of the site creates a natural boundary containing the group, meaning that the site sits outwith this. The site is in an open field adjoining the group and has no physical features within the field to provide containment. The proposed plot size is similar to the house to the north, but is approximately the same size as the other three houses in the group combined. The combination of the site and the natural boundary of the group with the existing landscaping, it is difficult to read this application site as being part of the group. The plot does not visually relate to the group but appears separate to this and there is not much reference made to the group. For any house to be supported at this group, there needs to be a relationship between the two. There is a perceived and physical separation between the site and the group through the landscaping and indicative siting of the house. Notwithstanding the lack of policy support for the principle of a house here, the following details are considered. The application site area is sufficiently large to be able to accommodate a dwellinghouse and garden ground. The site is served by an existing access and there are no road safety concerns. The housing group was originally included as part of the SPG as it was considered to have access to local services. Scottish Water did not raise any concerns over water supply. Should permission be granted a planning condition would be attached requiring further details of drainage and sewerage provision. The application is for planning permission in principle and so no detailed plans of the proposed house are required or have been submitted. Should the current application be approved, a further application would be required detailing the design, materials Page 67 of 94
Page 68
and site layout. Due to the sensitive location within the countryside, it is important that any new house is in keeping with and does not detract from the character and appearance of the group and area. The other houses in the group are all single storey, some with accommodation in the roofspace. These are all of traditional design and scale. Any new house should reflect the character of the existing built environment in the area. There appears to be a business operating from Noblehall to the north which produces wood products. There is no planning permission in place for this and, due to the nature of the business, this will create a lot of noise and so is likely to have a detrimental on the amenity of any future residents at this site. Recommendation: Refuse planning permission in principle. Page 68 of 94
Page 69
Refusal of Planning Permission Town and Country Planning (Scotland) Act 1997 Reg. No. 22/00127/PPP Fred Walker Associates 19 Biggar Road Silverburn Penicuik Midlothian EH26 9LQ Midlothian Council, as Planning Authority, having considered the application by Mrs Peta Harris, 60 Crown Drive, Inverness, IV2 3QG, which was registered on 18 February 2022 in pursuance of their powers under the above Acts, hereby refuse permission to carry out the following proposed development: Application for planning permission in principle for erection of dwellinghouse at Land adjacent to Noblehall, Howgate, Penicuik In accordance with the application and the following documents/drawings: Document/Drawing. Drawing No/Scale Dated Location Plan LP 1:1250 18.02.2022 Site Plan PPP 1:1000 1:500 18.02.2022 The reason for the Council's decision is set out below: 1. On account of the proposed layout of the development and the physical separation between the application site and the housing group at Cleikeminn it has not been demonstrated to the satisfaction of the Planning Authority that the proposed house forms part of a housing group and so there is no justification for the development of a residential unit in the countryside which would be contrary to policy RD1 of the adopted Midlothian Local Development Plan 2018 and the related supplementary planning guidance. Dated 17 / 6 / 2022 …………………………….. Duncan Robertson Lead Officer – Local Developments Fairfield House, 8 Lothian Road, Dalkeith, EH22 3ZN Appendix D Page 69 of 94
Page 70
Any Planning Enquiries should be directed to: Planning and Local Authority Liaison Direct Telephone: 01623 637 119 Email: planningconsultation@coal.gov.uk Website: www.gov.uk/coalauthority STANDING ADVICE The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is also available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority Standing Advice valid from 1st January 2021 until 31st December 2022 Page 70 of 94
Page 71
1250 10 20 30 40 50 metres0 N LOCATION PLAN 1:1250 SCALE Adjoining ground belonging to applicant Proposed new dwelling house Proposed area of development LP Howgate The White Cottage Dalfaber B7026 Noblehall Cleikeminn Cott Cleikeminn Ordnance Survey (c) Crown Copyright 2021. All rights reserved. Licence number 100022432 scale (at A4) 1/ suffix revision 26/1/22date job title drawing date drawn checked drg. no. ADDRESS / / / / / / / / / / / / FWA FRED WALKER ASSOCIATES ARCHITECTS 19 BIGGAR ROAD SILVERBURN PENICUIK MIDLOTHIAN EH26 9LQ TEL: 01968 672588 INFO@FREDWALKERASSOCIATES.CO.UK 769 LOCATION PLAN PROPOSED NEW HOUSE SITE GROUND AT CLEIKEMINN HOWGATE EH26 8QD Appendix E Page 71 of 94
Page 72
5 1010 2015 3020 4025 metres 50 metres0 0 N LOOKING WEST FROM EXISTING ACCESS LOOKING WEST FROM B7026 PROPOSED SITE PANORAMA LOOKING SOUTH WEST PROPOSED SITE LAYOUT 1:500 SCALE LOCATION PLAN 1:1000 SCALE Adjoining ground belonging to applicant Proposed new dwelling house Key: - Existing trees / planting Proposed areas of planting Proposed area of development Noblehall Howgate The White Cottage Windrush Dalfaber Lilybank B7026 B7026 Howgate Existing Access Dry Stone Walling New Access Driveway ParkingGarden Noblehall Cleikeminn Cott Cleikeminn Ordnance Survey (c) Crown Copyright 2021. All rights reserved. Licence number 100022432 scale (at A2) 1/ suffix revision 26/1/22date job title drawing date drawn checked drg. no. ADDRESS / / / / / / / / / / / / FWA FRED WALKER ASSOCIATES ARCHITECTS 19 BIGGAR ROAD SILVERBURN PENICUIK MIDLOTHIAN EH26 9LQ TEL: 01968 672588 INFO@FREDWALKERASSOCIATES.CO.UK PPP769 LOCATION PLAN SITE LAYOUT PROPOSED NEW HOUSE SITE GROUND AT CLEIKEMINN HOWGATE EH26 8QD PROPOSED NEW DWELLING HOUSE GROUND AT CLEIKEMINN, HOWGATE, EH26 8QD PROPOSAL: To construct new 4 bedroom family home on plot adjacent to 'Noblehall'. NOTES: Suggested house plot forms natural extension to Cleikeminn & continues pattern of existing settlement. Existing field access to be used with formation of new access driveway. Plot lies below road level giving the opportunity to minimise any impact on views west to the Pentland Hills. Page 72 of 94
Page 73
Local Review Body Monday 5 December 2022 Item No: 5.4 Notice of Review: 15 Hoggan Way, 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 dormer windows at 15 Hoggan Way, Loanhead. 2 Background 2.1 Planning application 22/00373/DPP for the formation of dormer windows at 15 Hoggan Way, Loanhead was refused planning permission on 28 June 2022; 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 information (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 28 June 2022 (Appendix D); and • A copy of the key plans/drawings/images (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 undertaking a site visit; and • Have determined to progress the review of written submissions. Page 73 of 94
Page 74
4.2 The case officer’s report identified that there was no consultations required and one representation received. As part of the review process the interested party was 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 74 of 94
Page 75
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: 28 November 2022 Report Contact: Ingrid Forteath, Planning Officer ingrid.forteath@midlothian.gov.uk Background Papers: Planning application 22/00373/DPP available for inspection online. Page 75 of 94
Page 76
File No. 1:1,250Scale: 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 Midlothian Council Licence No. 100023416 (2018) ± Midlothian Council Fairfield House 8 Lothian Road Dalkeith EH22 3AA Education, Economy & Communities Formation of dormers 15 Hoggan Way 22/00373/DPP Appendix A Page 76 of 94
Page 77
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 100581403-004 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 David Paton Building Consultancy David Paton Building Consultancy High Street 13 0131 440 1213 EH20 9RH Scotland Loanhead Appendix B Page 77 of 94
Page 78
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 Other 15 HOGGAN WAY Mr & Mrs Ryan Midlothian Council Mills Hoggan Way 15 LOANHEAD EH20 9DG EH20 9DG Scotland 665154 Loanhead 328450 Page 78 of 94
Page 79
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 Dormers see attached document Page 79 of 94
Page 80
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. Supporting Statement 22/00373/DPP 28/06/2022 17/05/2022 Page 80 of 94
Page 81
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 David Paton Building Consultancy Declaration Date: 27/09/2022 Page 81 of 94
Page 82
David Paton Building Consultancy Local Review Body Appeal 15 Hoggan Way, Loanhead 22-Sep-2022 Page 82 of 94
Page 83
Local Review Body Appeal – 15 Hoggan Way, Loanhead CONFIDENTIAL 2 CONTENTS PLANNING APPLICATION ......................................................................................................................................................... 3 INTRODUCTION ....................................................................................................................................................................... 3 REASON FOR REVIEW ............................................................................................................................................................ 4 CONCLUSION ............................................................................................................................................................................ 6 Page 83 of 94
Page 84
Local Review Body Appeal – 15 Hoggan Way, Loanhead CONFIDENTIAL 3 PLANNING APPLICATION Planning Application for the formation of Dormers at 15 HOGGAN WAY, LOANHEAD. EH20 9DG For Mr & Mrs Ryan Mills Planning Application No. 22/00373/DPP - REFUSED 28 JUNE 2022 INTRODUCTION On behalf of our client Mr & Mrs Mills, we would like to appeal against the refusal notice above for the formation of Dormers at 15 Hoggan Way Loanhead. EH20 9DG. It should be noted that we have subsequently applied and received approval for the rear Dormers in this application (22/00519/DPP) so in effect we are asking for the Front Dormers to be approved with this appeal though we do understand it’s the application and its refusal that we are appealing. The reasons for Refusal are as follows: 1. The design of the front dormers is unsympathetic to and will detract from the appearance of the principal elevation of the application property. 2. As a result of their unsatisfactory relationship with the existing building the front dormers will have a detrimental impact on the visual amenity of the street scene. 3. For the above reasons the proposals are contrary to policy DEV2 of the adopted Midlothian Local Plan 2017 which seeks to protect the character and amenity of the built-up area Page 84 of 94
Page 85
Local Review Body Appeal – 15 Hoggan Way, Loanhead CONFIDENTIAL 4 REASON FOR REVIEW The Midlothian Council Supplementary Planning Guidance for Dormer Extensions sets out what is expected in the design of Dormers: • Small Dormer windows not large Box Dormers with frame beyond the window minimal as possible (no more than 300mm) • Bottom of the window as close as possible to the plane of the roof so it has the appearance of rising out of the roof • Set back from the wallhead • Set down from the ridge by at least 500mm • The width of the Dormer if possible should be less than the width of any existing openings below. The Dormers we have designed meet all required criteria; we have chosen to design a high quality flat roof design rather than a more prominent Pitched roof on the Dormers and they are not out of keeping with traditional Dormer extensions throughout Midlothian. The Dormers have also been designed taking account of the supplementary Guidance on Dormers (above) so it fails to be seen how they are un-sympathetic and will detract from the appearance of the principal Elevation. In all new estates across Midlothian, a natural progression is for families to want to improve their living areas, so they can stay in the area they have chosen to bring up their children. These improvements primarily include extending either out the way or upwards - the use of Dormer windows is an accepted form of doing this to create extra space, and the fact that this has not been carried out in this housing estate should not be a reason to refuse this application. This house faces onto the main road to the Page 85 of 94
Page 86
Local Review Body Appeal – 15 Hoggan Way, Loanhead CONFIDENTIAL 5 front and a wooded area to the rear; there are therefore no privacy issues to deal with and in addition one of the front Dormers is also a bathroom. This estate has houses of multiple different designs. The road round the estate winds its way around to the application property which sits with a bungalow to one side of it and 3 other houses to the other side; these are set back from the main road in a separate cul-de-sac. It is unfair to suggest that the addition of these dormers will have any detrimental impact on the visual amenity of the street scene of the wider estate. It is also worth pointing out that Midlothian Council Planning Department previously approved a new housing estate in Gorebridge with front Dormers to a number of the houses which appear as a very bulky addition to the front elevation. In addition, they have the following flaws: • do not line up with windows below • are wider than the windows below • window cills are higher than the recommended 100mm If you apply the same Supplementary Guidance for Dormers to these properties, then I fail to see how they comply to your own policy. (See images below) Page 86 of 94
Page 87
Local Review Body Appeal – 15 Hoggan Way, Loanhead CONFIDENTIAL 6 CONCLUSION We are asking for the Local Review Body to overturn the refusal notice and approve Planning Permission for these Dormers for the following reasons; • They have been designed in a manner to make them as unobtrusive as possible • They are in line with the councils guidance • They do not harm the streetscape of the estate • The council have approved Dormers elsewhere in Midlothian that do not meet their own criteria Page 87 of 94
Page 88
MIDLOTHIAN COUNCIL DEVELOPMENT MANAGEMENT PLANNING APPLICATION DELEGATED WORKSHEET: Planning Application Reference: 22/00373/dpp Site Address: 15 Hoggan Way, Loanhead Site Description: The application property comprises a detached two storey dwellinghouse within a residential estate with a strip of woodland to the rear, beyond which is Polton Road. The house is finished externally in render with white upvc window frames and grey plain concrete roof tiles. Proposed Development: Formation of dormers Proposed Development Details: It is proposed to form two flat roof dormer at the front of the house each measuring 1.3m wide and 1.55m high. The dormers are to be finished externally in white painted timber on the front elevation with tiles on the dormer cheeks to match existing with white upvc window frames. It is also proposed to form two dormer windows at the rear of the house, one measuring 1.3m wide and 1.55m high and the other 2.1m wide and 2.4m high, the latter with inward opening doors and an external balustrade. External materials are the same as for the front dormer. A new window opening is also proposed at the rear of the house. This constitutes permitted development in terms of class 2A of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992. Background (Previous Applications, Supporting Documents, Development Briefs): History sheet checked. Consultations: None required. Representations: One representation has been received objecting to the application in relation to the impact of the rear dormers on privacy and light to no. 16 next door and that the proposed development is overbearing, out of scale and character with the surrounding area. Relevant Planning Policies: The relevant policy of the Midlothian Local Development Plan 2017 is; Appendix C Page 88 of 94
Page 89
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. Policy DP6 also provides 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. 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. Supplementary Planning Guidance – Dormer 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. No other houses in Hoggan Way have dormer windows at the front. The flat roof design of the dormers and the window design are uncharacteristic of and unsympathetic to the character of the existing building. The dormers will also somewhat clutter the roof. The proposed front dormers will seriously detract from the appearance of the principal elevation of the house. As a result of their unsatisfactory relationship with the existing building the dormers will have a detrimental impact on the visual amenity of the street scene. Similarly the design of the proposed dormers at the rear is unsympathetic to the design of the existing house however they are similar to what could ordinarily be erected as permitted development and as such refusal of planning permission is not warranted in this instance. The larger of the two rear dormers will have views to the conservatory and rear garden of no. 16. (The roof of the conservatory is opaque and views to the conservatory are likely to be oblique.) However any impact on the amenity of this property, including to two small high level windows on the side of the house serving the living room, will not be significant as compared to that arising from what could be erected as permitted development at the application property. The smaller of the rear dormers will not have a significant impact on the amenity of neighbouring properties. Page 89 of 94
Page 90
The front dormers will not have a significant impact on the amenity of any main habitable rooms at the neighbouring properties. Recommendation: Refuse planning permission Page 90 of 94
Page 91
Refusal of Planning Permission Town and Country Planning (Scotland) Act 1997 Reg. No. 22/00373/DPP David Paton Building Consultancy 13 High Street Loanhead EH20 9RH Midlothian Council, as Planning Authority, having considered the application by Mr and Mrs Ryan Mills, 15 Hoggan Way, Loanhead, EH20 9DG, which was registered on 18 May 2022 in pursuance of their powers under the above Acts, hereby refuse permission to carry out the following proposed development: Formation of dormers at 15 Hoggan Way, Loanhead, EH20 9DG in accordance with the application and the following documents/drawings: Document/Drawing. Drawing No/Scale Dated Site Plan, Location Plan and Elevations EX1 1:1250, 1:500, 1:50 18.05.2022 Floor Plans And Elevations PN1 A 1:50 18.05.2022 The reason(s) for the Council's decision are set out below: 1. The design of the front dormers is unsympathetic to and will detract from the appearance of the principal elevation of the application property. 2. As a result of their unsatisfactory relationship with the existing building the front dormers will have a detrimental impact on the visual amenity of the street scene. 3. For the above reasons the proposals are contrary to policy DEV2 of the adopted Midlothian Local Development Plan 2017 which seeks to protect the character and amenity of the built-up area. Dated 28 / 6 / 2022 …………………………….. Duncan Robertson Lead Officer – Local Developments Fairfield House, 8 Lothian Road, Dalkeith, EH22 3ZN Appendix D Page 91 of 94
Page 92
Any Planning Enquiries should be directed to: Planning and Local Authority Liaison Direct Telephone: 01623 637 119 Email: planningconsultation@coal.gov.uk Website: www.gov.uk/coalauthority STANDING ADVICE The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is also available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority Standing Advice valid from 1st January 2021 until 31st December 2022 Page 92 of 94
Page 93
1:500 SCALE SITE PLAN 1:50 SCALE FIRST FLOOR PLAN PLANNING APPLICATION DRAW ING CLIENT REVISIONS PROJECT DRAWING TITLE Plans & Elevations Location and site plan DATE DRAWN SCALE May 2022 KM 1:50 @ A1 © david paton building consultancy DO NOT SCALE FROM DRAWINGS, IF IN DOUBT ASK. 22/05 JOB NO. REVISION A david paton building consultancy 13 High Street, Loanhead, Midlothian, EH20 9RH. Telephone No. 0131 440 1213 website: www.davidpatonbc.co.uk e-mail: davidpatonbc@btconnect.com Established in 1981 Chartered Architectural Technologists 0 1 2 3 4 5 1:50 Scale Bar Pn1 DRAWING NO. 1:50 SCALE SECOND FLOOR PLAN 1:50 SCALE REAR ELEVATION 1:50 SCALE FRONT ELEVATION Mr & Mrs Ryan Mills Attic Conversion to Dwelling house at: 15 Hoggan Way, Loanhead, EH20 9DG 2m headroom 2.4m headroom 2.4m headroom 2m headroom Dormer Window Dormer Window Dormer Window Dormer Window Velux Over Velux Over 0 10 20 30 40 50 1:500 Scale Bar 0 25 50 75 100 1:1250 Scale Bar 1:1250 SCALE LOCATION PLAN N 1:50 SCALE SIDE ELEVATION OF LARGER DORMER 1:50 SCALE SIDE ELEVATION OF SMALLER DORMERS Study Bedroom En-Suite Landing Bedroom BedroomBedroom Bedroom En-Suite En-Suite Bathroom Landing GENERAL MATERIAL SPECIFICATION New front of Dormers are to be timber painted white to match existing Fascia boards with cheeks of Dormers to be finished in Tiles to match existing roof. New Flat roof to Dormers are to be finished with Sarnafil and are to be Grey in colour New windows are to be white coloured upvc glazed units. All new guttering and down pipes are to be Black Upvc to match existing house NOTE the sides of all the smaller dormers are exactly the same as this elevation NOTE the other side of the larger dormer is exactly the same as this elevation New Veluxs New Window 1:100 SCALE ROOF PLAN 0 2 4 6 8 10 1:100 Scale Bar 1 A Roof Plan added as per planners request 18 May 2022 KM Appendix E Page 93 of 94
Page 94
1:500 SCALE SITE PLAN AS EXISTING DRAW ING CLIENT REVISIONS PROJECT DRAWING TITLE Plans & Elevations Location and site plan DATE DRAWN SCALE May 2022 KM 1:50 @ A1 © david paton building consultancy DO NOT SCALE FROM DRAWINGS, IF IN DOUBT ASK. 22/05 JOB NO. REVISION david paton building consultancy 13 High Street, Loanhead, Midlothian, EH20 9RH. Telephone No. 0131 440 1213 website: www.davidpatonbc.co.uk e-mail: davidpatonbc@btconnect.com Established in 1981 Chartered Architectural Technologists 0 1 2 3 4 5 1:50 Scale Bar Ex1 DRAWING NO. 1:50 SCALE REAR ELEVATION 1:50 SCALE FRONT ELEVATION Mr & Mrs Ryan Mills Attic Conversion to Dwelling house at: 15 Hoggan Way, Loanhead, EH20 9DG 0 10 20 30 40 50 1:500 Scale Bar 0 25 50 75 100 1:1250 Scale Bar 1:1250 SCALE LOCATION PLAN N 1:50 SCALE SIDE ELEVATION 1:50 SCALE SIDE ELEVATION Page 94 of 94