Agenda Document Pack - Local Review Body - 19/06/2023
Midlothian Council · 19 June 2023
Back to Local Review Body — 19 June 2023 and its agenda
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Notice of Meeting and Agenda Local Review Body Venue: Council Chambers/Hybrid, Midlothian House, Dalkeith, EH22 1DN Date: Monday, 19 June 2023 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 134
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1 Welcome, Introductions and Apologies 2 Order of Business Including notice of new business submitted as urgent for consideration at the end of the meeting. 3 Declaration of Interest Members should declare any financial and non-financial interests they have in the items of business for consideration, identifying the relevant agenda item and the nature of their interest. 4 Minute of Previous Meeting 4.1 Minute of meeting of 22 May 2023 submitted for approval 3 - 8 5 Public Reports Notice of Reviews - Determination Reports by Chief Officer Place 5.1 Notice of Review Land Rear 20 Eskview Road, Mayfield 9 - 70 5.2 Notice of Review 131 Main Street, Newtongrange 71 - 92 5.3 Notice of Review 13 Glenview Road, Gorebridge 93 - 114 5.4 Notice of Review 5 Braeside Road South, Gorebridge 115 - 134 6 Private Reports No items for discussion 7 Date of Next Meeting The next meeting will be held on Monday 25th September 2023. 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 134
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Minute of Meeting Local Review Body Date Time Venue Monday 22 May 2023 1.00pm Council Chambers Present: Councillor Imrie (Chair) Councillor Bowen Councillor Cassidy Councillor Milligan Councillor McEwan Councillor Smaill In Attendance: Peter Arnsdorf Planning, Sustainable Growth and Investment Manager Janet Ritchie Democratic Services Officer Local Review Body Monday 19 June 2023 Item No 4.1 Page 3 of 134
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1 Welcome, Introductions and Apologies Apologies for absence were received from Councillor Alexander, Councillor Drummond, Councillor McManus and Councillor Virgo 2 Order of Business The order of business was as outlined in the agenda previously circulated. 3 Declarations of interest No declaration of interests were received 4 Minute of Previous Meeting The Minute of the Meeting of 17 April 2023 was submitted and approved as correct record. 5 Reports Notice of Reviews – Determination Reports by Chief Officer Place Agenda No Report Title Presented by: 5.1 44 Crichton Avenue, Pathhead (22.00895.DPP) Peter Arnsdorf 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 the erection of a porch at 44 Crichton Avenue, Pathhead. The Planning application 22/00895/DPP for the erection of a porch at 44 Crichton Avenue, Pathhead was refused planning permission on 18 January 2023; a copy of the decision is attached to this report. The Planning, Sustainable Growth and Investment Manager presented this report and advised that the review would proceed on the written submissions provided. The Local Review Body in discussing the proposed development and the reasons for its refusal, gave careful consideration to the design of the porch and the existing properties in the area. Councillor Smaill, seconded by Councillor Milligan moved to dismiss the review request and uphold the decision to refuse planning permission for the reasons as stated in the case officer’s report. On an amendment Councillor Cassidy, seconded by Councillor Bowen moved to uphold the review request and grant planning permission subject to the condition as set out in the report. Page 4 of 134
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On a vote being taken 2 Members voted for the Motion and 3 Members voted for the Amendment. Decision The Local Review Body agreed to uphold the review request and to grant planning permission for the erection of a porch at 44 Crichton Avenue, Pathhead for the following reason: The erection and design of the porch would not have an impact upon the character of the existing house or the street scene. Subject to the condition as set out in the report. Action Planning, Sustainable Growth and Investment Manager Agenda No Report Title Presented by: 5.2 25 High Street, Bonnyrigg (22.00869.DPP) Peter Arnsdorf 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 the change of use of workshop to piercing studio (class 2) at 25 High Street, Bonnyrigg. The Planning application 22/00869/DPP for the change of use of workshop to piercing studio (class 2) at 25 High Street, Bonnyrigg was refused planning permission on 30 January 2023; a copy of the decision is attached to this report. The Planning, Sustainable Growth and Investment Manager presented this report and advised that the review would proceed on the written submissions provided. The Local Review Body in discussing the proposed development and the reasons for its refusal, gave careful consideration to the pedestrian traffic, the character of the area and the privacy of the amenity grounds of the properties in this area. Following further discussion it was agreed that an additional condition be added regarding privacy enhancement for the residents. The Committee unanimously agreed to uphold the Appeal and grant planning permission subject to the conditions as set out in the report with an additional condition to be added regarding privacy enhancement. Decision The Local Review Body agreed to uphold the review request and to grant planning permission for the change of use of workshop to piercing studio (class 2) at 25 High Street, Bonnyrigg for the following reason: The change of use would not have a detrimental impact on the footfall or character of the area. Page 5 of 134
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Subject to the conditions as set out in the report with an additional condition regarding privacy enhancement. Action Planning, Sustainable Growth and Investment Manager Agenda No Report Title Presented by: 5.3 Unit 7A Pentland Industrial Estate, Loanhead (22.00786.DPP) Peter Arnsdorf 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 the erection of an industrial unit and the formation of car parking at Unit 7A Pentland Industrial Estate, Loanhead. The Planning application 22/00786/DPP for the erection of an industrial unit and the formation of car parking at Unit 7A Pentland Industrial Estate, Loanhead was refused planning permission on 22 December 2022; a copy of the decision is attached to this report. The Planning, Sustainable Growth and Investment Manager presented this report and advised that the review would proceed on the written submissions provided. The Local Review Body in discussing the proposed development and the reasons for its refusal, gave careful consideration to employment, the loss of mature trees and the character and appearance of the surrounding area. It was also noted that conditions 2c and 4 addressed the landscaping and replacement tree planting. The Committee unanimously agreed to uphold the Appeal and grant planning permission subject to the conditions as set out in the report. Decision The Local Review Body agreed to uphold the review request and grant planning permission in principle for the erection of an industrial unit and the formation of car parking at Unit 7A Pentland Industrial Estate, Loanhead for the following reason: This development would not detract from the character and appearance of the surrounding area and the loss of mature trees would be addressed within the conditions relating to the landscaping and tree replacement. Subject to the conditions as set out in the report. Action Planning, Sustainable Growth and Investment Manager Action Planning, Sustainable Growth and Investment Manager Page 6 of 134
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6. Private Reports No private business was discussed. 7. Date of Next Meeting The next meeting is scheduled for Monday 19 June 2023 at 1 pm The meeting terminated at 13.16 pm Page 7 of 134
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Local Review Body Monday 19 June 2023 Item No: 5.1 Notice of Review: Land Rear 20 Eskview Road, Mayfield 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 change of use from public open space to allow siting of container for the use as hot food takeaway on land rear of 20 Eskview Road, Mayfield. 2 Background 2.1 Planning application 22/00716/DPP for the change of use from public open space to allow siting of container for the use as hot food takeaway on land rear of 20 Eskview Road, Mayfield was refused planning permission on 18 January 2023; 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 18 January 2023 (Appendix D); and • A copy of the key plans/drawings (Appendix E). 3.2 The full planning application case file and the development plan policies referred to in the case officer’s report can be viewed online via www.midlothian.gov.uk. 4 Procedures 4.1 In accordance with agreed procedures, the LRB: Page 9 of 134
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• Have determined to undertake a site visit (only elected members attending the site visit can participate in the determination of the review); and • Have determined to progress the review by written submissions. 4.2 The case officer’s report identified that there were four consultation responses and 106 representations received (four objections and 102 support representations). As part of the review process the interested parties were notified of the review. Three additional comments have been received re-enforcing their objects to the application (including comment from the Mayfield and Easthouses Community Council). 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 condition has 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 10 of 134
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2. Development shall not begin on site until the following details have been submitted to and approved in writing by the planning authority: a) Details and a sample of the proposed cladding of the container; b) Details of the proposed serving hatch; c) Details of litter bins; d) Details of a waste management plan, including how and where waste will be stored on site; and e) A site plan showing the exact position of the container hereby approved. Thereafter, the development hereby approved shall accord with the details agreed in terms of this condition. Reason: These details were not submitted as part of the application: to ensure adequate waste provision is provided; to protect the visual amenity of the surrounding area; for the avoidance of doubt where the container is to be positioned. 3. The cladding approved in condition 2a) shall be attached to all four sides of the container. Reason: To protect the visual amenity of the area. 4. The litter bins approved in condition 2c) shall be in place before the use is implemented on site and shall remain in place until the use ceases operations. 5. The waste management plan approved in condition 2d) shall be in place before the use is implemented on site and shall remain in place until the use ceases operations. Reason for conditions 4 and 5: To ensure adequate and appropriate waste facilities are provided. 6. The use hereby permitted shall only operate within the hours of 8am to 8pm. 7. No generator shall be operational in connection with the container and use hereby approved. 8. No amplified music, vocals or sound reproduction equipment used in association with the use hereby permitted shall be audible within any nearby residential property. Reason for conditions 6 to 8: To protect the amenity of nearby residential units. 9. Development shall not begin until details, including a timetable of implementation, of superfast broadband have been submitted to and approved in writing by the planning authority. The details shall include delivery of superfast broadband prior to the occupation of Page 11 of 134
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the unit. The delivery of superfast broadband shall be implemented as per the approved details. Reason: To ensure the quality of the development is enhanced by the provision of appropriate digital infrastructure in accordance with the requirements of policy IT1 of the adopted Midlothian Local Development Plan. 10. Development shall not begin until details of a sustainability/biodiversity scheme for the site, including the location and details for the provision of nesting and wildlife homes and features to optimise the biodiversity value of the site, has been submitted to and approved in writing by the planning authority. Such a scheme could include swift and bat boxes and biodiverse lawns, ivy screens and green roofs/ walls. Development shall thereafter be carried out in accordance with the approved details or such alternatives as may be approved in writing with the planning authority. Reason: To ensure the development accords with the requirements of policy DEV5 of the adopted Midlothian Local Development Plan 2017. 11. When the container is no longer in use for the use hereby approved, within 3 months of operations ceasing at this site the container shall be removed and the land shall be made good within four weeks of the container being removed. Reason: To ensure the container is removed in a timely manner after the approved use has ceased; to protect the visual amenity of the area to ensure the site is restored. 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: 10 June 2023 Report Contact: Peter Arnsdorf - Planning, Sustainable Growth and Investment Manager peter.arnsdorf@midlothian.gov.uk Background Papers: Planning application 22/00716/DPP available for inspection online. Page 12 of 134
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File No. 1:750Scale: 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 Siting of container for use as hot food takeaway Land to rear of 20 Eskview Road, Mayfield 22/00716/DPP Appendix A Page 13 of 134
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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 100614482-001 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 William Kivlin Old school path 7 Eh225ng Midlothian Dalkeith MayfieldOld school takeaway Appendix B Page 14 of 134
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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. Reference22/00716/DPP Change of use from public open space to allow sitting of container for use as hot food takeaway Midlothian Council Land to Rear of 20 Eskview Road Mayfield Dalkeith Page 15 of 134
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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? * I wish to raise a review against these matters stated below in the refusal document. 1. Appearance & serving hatch details 2. Town centre impact 3. Proximity to school 4. Opening hours 5. Bin storage 6. exact site location 7. Litter bins 8. Main planning concern and material evidence 1. Document of further details of refusal matters 2. Site map location 3. Material evidence to support planning application for plannings main concern 22/00716/DPP 18/01/2023 29/09/2022 Page 16 of 134
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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 William Kivlin Declaration Date: 08/04/2023 Page 17 of 134
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MIDLOTHIAN COUNCIL DEVELOPMENT MANAGEMENT PLANNING APPLICATION DELEGATED WORKSHEET: Planning Application Reference: 22/00716/DPP Site Address: Land to Rear of 20 Eskview Road, Mayfield, Dalkeith Site Description: The application site comprises an area of hardstanding within Mayfield Park. The site is by the eastern edge of the park which extends to the west, south and north. There is a building within the park to the north (the Pavilion) which operates as a café and hub, with a community garden to the north. The site is at an elevated level, with the land sloping down to the west. There are retirement flats to the east and a flat roofed building used by the Council as storage to the south. There are houses to the south, beyond the park, with Mayfield Town Centre to the northeast. Newbattle High School lies beyond the park to the west. Proposed Development: Change of use from public open space to allow sitting of container for use as hot food takeaway. Proposed Development Details: The proposed container is to be used as a hot food takeaway. This measures 12 metres long by 2.4 metres wide and 2.4 metres high and will be clad in timber cladding on three sides, with an opening cut out to accommodate a serving hatch. The container will connect to the public water supply and drainage network. home as a delivery only service. Background (Previous Applications, Supporting Documents, Development Briefs): No relevant history. Consultations: Senior Manager Neighbourhood Services (Roads) has no objection as the proposal does not raise any major transportation or road safety issues. Senior Manager Protective Services does not object, subject to conditions being attached to any planning permission to ensure there are no generators used in the vicinity of the container and that the use only operates between 8am and 8pm. These conditions would limit noise and disturbance to nearby residential properties. Biodiversity consultant has not flagged up that the development would affect any protected species. The Mayfield and Easthouses Community Council objects to the proposal and support the objection from Mayfield & East Houses Development Trust (MAEDT) while acknowledging the amount of support from the community. They state: - A large amount of representations are from people who do not live in the local Appendix C Page 53 of 134
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the same person. They query how these are considered in the assessment of the application and how these are checked to be authentic. They note some people have sent in more than one letter and/or signed petitions. They do not suggest the comments are not authentic but query how this is handled. If they are satisfied on this point, they would support the application based on the community support in the representations; - They ask if the claim that healthy food would be served will be investigated. They are concerned the unit would target school children and the menu is largely fried/fast food, raising issues over healthy eating. They are part of the also considering campaigning for Fast Food Exclusion Zones to be included the Local Development Plan (LDP) to restrict new fast food outlets to outwith 400m of any school. They would support the proposal if this were providing healthy food at affordable prices, but this is not has been submitted; - The business plan does not provide any evidence of job opportunities or how it would reduce commuting from the area, or what policies it satisfies from the LDP. The application cannot be supported on this basis; - Concerns over people parking in nearby laybys which are not car parks; - They note representors state this is wheelchair accessible, but that the hatch would need to be lower to be so. They would support the application if the Council provide public toilets in the part, including a disabled toilet and changing facilities; - They make reference to a similar unit in Dunbar that is a sit in café and takeaway that opens between 10am to 4pm. They would support the proposal if it operated like this; - They query the community spirit and benefits noted in the letters of support. A lot of representations state this is a café when this is a takeaway, with no details of seating. The only toilet facilities are in the adjacent storage building but it is not clear if this is for staff or customers. MAEDT already run activities and litter picking the area, as proposed by the applicant. There is no evidence that the proposal would support community spirit in the area and they do not support the application on this basis, but hope that those who signed up for these events take part in the MAEDT events; - Anti-social behaviour concerns as it is implied the takeaway would open late at night. It is not clear if this use later into the evenings would create a safer feel with people in the area or less safe if youths are gathered here. It is not clear how this would reduce anti-social behaviour and there is no evidence that this would be reduced. This would be better achieved by better lighting and not more people hanging around in the park. They do not support the proposal on this basis; - They q as the submissions include a statement from a Council officer in the Landscape and Countryside Services section that they would support this, as well as Councillor support. They are disappointed that there is more support for this than the Town Centre Masterplan; - There are 12 food provision units in the area, including in the park itself. They highlight that if people are not aware of these in the area, the proposed use may also not be well used. They also highlight the impact on these existing businesses as a result of another food unit in the area, if preferential treatment is given to this use on Council owned land. If this were acceptable Page 54 of 134
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in principle, the lease should be open for competition. They do not support the proposal on this basis; - The proposal is contrary to the MDLP and the consented use as a park. This is also contrary to and would undermine the Town Centre Masterplan and they do not support the proposal on this basis; - They support the applicant in establishing the business this far but state that if there is space for another food outlet in the area this should be in one of the retail units that already exist; - Concern over what would happen to the container if the applicant gets permission but moves elsewhere in the future would the container remain for someone else to take over, if so for what use, and if not would it sit empty? They ask that if this is approved, conditions be attached to control the future of the container. If this were clear, they would support the application; - Concern over an overlap between existing and proposed community work which may affect existing relationships. Planning to work with young people is certainly admirable but they do not want to be a position where they need to take sides between community groups and so neither support nor oppose the application on this basis; - Approving a shipping containers as a solution for commercial premises will set a precedent for any other new buildings within the town centre; and - Potential noise and litter concerns. Representations: 106 letters of representation have been received, 4 objecting, 102 supporting and one neutral. The objections are on the following grounds: - The proposal would cause noise, smells, litter, anti-social behaviour and vermin in the park and area; - The application is misleading as there is a café in the park; - The proposal would threaten the existing café which is a community café that offers a number of activities in the area; - The container would be in front of the adjacent flats; - There is no barrier between the container and adjacent flats; - Vehicles use the site to access the adjacent Council building which has been vandalised; - There are plenty other food units in the area; - Impact on wildlife; - Loss of parkland; - Why should local people be asked to do litter picks; - This will not make the park safer at night but the opposite; and - This would devalue local properties. Two additional petitions with 34 and 64 signatures were also received, objecting for the above reasons. The supporting letters are on the following grounds: - The proposal complies with the 2017 Midlothian Local Development Plan; - Would be a good facility in the park and community; - A good facility for healthy food close to the local high school; - Would add extra security to the park at nights; Page 55 of 134
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- Supports a local business; - The business provides good quality food; - Be somewhere for young people to gather; - The area is large enough to accommodate another food unit; - Litter could be addressed with bins provided and collections which a number of supporters have signed up to; - The Community Council said they would support the proposal if there was a way to prove all representations were real; - This would have good disabled access; - The proposal will bring local jobs; and - The proposal will create tourism in the area. One additional petition with 9 signatures was also received, supporting for the same reasons. The neutral letter raises concerns over noise, litter and people in the area close to the adjacent retirement flats. The adopted Scheme of Delegation states a representation on an application shall only be competent if it comprises a written submission in the form of either a letter, e- mail or online submission. In the case of a letter the correspondent will require to include their name, full address and signature. There have been 61 representations submitted that comply with this (56 supporting, 4 objecting and one neutral) and 42 representations that do not comply with this (all supporting). Relevant Planning Policies: Planning policy currently comprises National Planning Framework 3 and Scottish Planning Policy, SESPlan and the adopted Midlothian Local Development Plan 2017. On 8 November the Revised Draft National Planning Framework 4 was submitted to the Scottish Parliament for approval along with an Explanatory Report that outlines the changes from Draft NPF4 to the Revised Draft. The Planning Act requires that NPF4 must be approved by the Scottish Parliament before it can be adopted by Scottish Ministers. On adoption the provisions in the Planning Act will commence to make NPF4 part of the statutory development plan. The existing National Planning Framework 3 and Scottish Planning Policy remain in place until NPF4 has been adopted by Scottish Ministers. As the Revised Draft NPF4 is at an advanced stage and represents the settled view of the Scottish Government in terms of its planning policy it is a material consideration of significant weight in the assessment of the application. The following policies are relevant to the proposal; - Policy 1 Tackling the climate and nature crises - Policy 2 Climate mitigation and adaptation - Policy 3 Biodiversity - Policy 14 Design, quality and place - Policy 15 Local Living and 20 minute neighbourhoods - Policy 21 Play, recreation and sport - Policy 23 Health and safety - Policy 25 Community wealth building - Policy 26 Business and industry - Policy 27 City, town, local and commercial centres Page 56 of 134
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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; TCR1 Town Centres supports proposals for retail, commercial leisure development support of this policy the Council has prepared supplementary guidance on food and drink and other non-retail uses in town centres; this guidance also includes guidance in respect of food and drink and hot food takeaways outwith town centres. The guidance was adopted by the Council on 4 March 2019. Further details on the Supplementary Guidance are provided below; 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. The site is adjacent to an area covered by the following policy: DEV8 Open Spaces states that the Council will seek to protect and enhance the open spaces identified in the Local Development Plan. Development will not be permitted in these areas would which: result in the permanent loss of the open space; and/or adversely affect the accessibility of the open space; and/or diminish the quality, amenity or biodiversity of the open space; and/or otherwise undermine the value of the open space as part of the Midlothian Green Network or the potential for the enhancement of the open space for this purpose. Supplementary Guidance on Food and Drink and Other Non-Retail Uses in Town Centres has been adopted. This states food and drink uses outwith town and local centres will not be permitted unless it has been demonstrated there will be no adverse impact on the viability of nearby town centres. Such applications should be accompanied by a Town Centre Impact Assessment. However the Planning Authority can use discretion not to request such an assessment where an application is submitted for the change of use of a high footfall use to a food and drink use, where there is no reasonable prospect of the original use being retained. There shall be no take away facilities within 400 metres of a primary or secondary school. This is in order to address the adverse impacts such uses have on the diets of young people and the health of communities. This position was slightly amended by the elected members where it was agreed that food and drink units can have a takeaway facility provided this did not operate during school hours. 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. Principle of development Page 57 of 134
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The Planning Authority are keen to support local businesses where possible. However this should be the right development in the right place, have no detrimental impact on the character or appearance of the surrounding area and comply with policy, unless otherwise justified. The application site is within the built up area where there is a presumption to support development, however the details of the proposal must be considered. Due to the nature of the proposal, the impact on the nearby town centre, residential properties and surrounding area are paramount. Amenity of residential properties There are flats to the east which could be affected by noise, disturbance and smell from the use. These issues could also extend to the remainder of the park. The application site is 12 metres from the flats at the closest point, with the main elevations 23 metres apart. There is a railing approximately 1.6 metres high and some planting along the shared boundary. There is a house to the south, though this is separated from the site the storage building. tective Services (Environmental Health) was consulted regarding the concerns over noise and smell. In regards noise, they have no objection provided that the use be limited to 8am to 8pm daily. They also state no generator should be used, as this would result in noise and fumes. They do not raise any concerns over smells from food cooking or that the proximity to the flats would have a significant detrimental impact on the amenity of the residents or users of the park which could not be mitigated by these conditions. The distance between the container and the flats means that, although it will block some views, the container will not have an overbearing impact on the outlook of these flats. Should permission be approved, conditions would be attached to require litter bins be in place before the use is operational. Appearance The container is a standard shipping container of generic scale and form. This will be improved by it being finished on three sides in timber cladding. The side elevation which is not to be clad includes the doors into the unit. It is appreciated that this will be in daily use which may be why the cladding is not proposed here, however this will be a highly prominent elevation on approach from the south and so in the visual interest of the area this should also be clad. Further details of the finish of the service hatch are required as it is not clear what this would be. The Planning Authority generally restrict the time periods where containers are approved as these have the appearance of temporary units and are not suitable as long-term additions to areas. This is considered in detail below. Road safety oads) has considered the application and is satisfied that this does not raise any major road safety issues. The scale of the container is such that the proposed use would be unlikely to create any significant road safety issues. Page 58 of 134
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Representors have queried if the siting of the container would block access to the adjacent storage building as the pedestrian and vehicular doors are on the elevation that faces the site. There appears to be a discrepancy between the information submitted over the exact position of the container, as this appears as close as 2 metres and also approximately 3 or 4 metres. This point needs clarified and can be covered by condition if approved. Impact on Mayfield Town Centre and other businesses in the area The SG states food and drink uses outwith town and local centres will not be permitted unless it has been demonstrated there will be no adverse impact on the viability of nearby town centres. Such applications should be accompanied by a Town Centre Impact Assessment. The Planning Authority can use discretion not to request such an assessment where an application is submitted for the change of use of a high footfall use to a food and drink use, where there is no reasonable prospect of the original use being retained. The application site is close to, but outwith, Mayfield Town Centre and does not lie within a local centre. The application is for a new container to be sited in the park, not the change of use of an existing site to a takeaway use. Given this, the proposal is contrary to the SG due to the fact that the site is not situated within either a town centre or a local centre. In the absence of a Town Centre Impact Assessment demonstrating that there is no adverse impact on the vitality of Mayfield town centre, then a takeaway use at this location is contrary to the SG and by association policy TCR1 There are a variety of uses within the town centre, including retail, class 2 and at least four cafes/hot food takeaways and a further two shops that sell food. There are also a number of food provision units outwith the town centre but in the surrounding area, including a café within the park which is open Tuesdays to Fridays 10am 4pm. It would be more appropriate for this business to operate from an existing unit in the area, rather than as proposed. Proximity to schools The application site is approximately 250 metres from Newbattle High School which lies beyond the park to the east Primary School to the south. The adopted SG states there shall be no takeaway facilities within 400 metres of a primary or secondary school. This is to address the adverse impacts such uses have on the diets of young people and the health of communities. This position was slightly amended by the elected members where it was agreed that food and drink units can have a takeaway facility provided this did not operate during school hours. It is clear from the information submitted that a large part of the customer base would be school pupils and that the use would operate during school hours. This would be contrary to adopted policy and so there is no support for this proposal. It has been submitted that the container would offer healthy food and that this may address some concerns over the proposal. However if the Planning Authority were to approve this application, it would not be possible to restrict this to only selling healthy foods. If it were approved is would be approved as a hot food takeaway as it is not reasonable or enforceable to restrict the type of food. Page 59 of 134
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The MLDP does not contain any specific policies relating to healthy eating; however the 400 metres buffer between schools and hot food takeaways that is specified in the SG is intended to discourage unhealthy eating amongst school children. Other matters The following section addresses comments not addressed above. The number of representations received from people who do not live in the local area, who behalf by the same person have been queried. All representations that comply with the adopted Scheme of Delegation are referred to in the assessment of applications. The relevant planning matters raised in representations are taken into account in the assessment of the application, with other matters noted. All representors are sent acknowledgements which confirms comments have been received and will be made publically available to view, along with details of how to contact the Planning Authority if they are not happy with this. Two representors decided to withdraw their comments after receiving this acknowledgement. The comments made by other Council officials are of interest, however these do not form part of the assessment. Any Councillor involvement in applications should be declared if they are involved in the decision making process, such as if these are determined by Planning Committee or in the event of a review to the Local Review Body if the Councillor is a member of this. It has been queried what would happen to the container if the applicant moves on. If this application were approved, this could either have a personal or temporary condition attached. Personal conditions can be used in instances where the proposal is only acceptable due to the specific way the applicant seeks to operate, thereby limiting approval to one person only. The planning authority have concerns over the long term use of shipping containers as these have a temporary appearance which are not suitable for long term or permanent use. Where these are approved, these are generally conditioned to be in place for up to five years to allow the applicant to find a permanent, long term solution for the use. It is acknowledged that cladding the container will improve its appearance, however this will still be a storage container which is not appropriate for a long term use. In any case, this is not being supported so these conditions are not necessary. It is not clear how the proposal would result in job opportunities, how it would reduce commuting, create tourism or which MLDP policies it satisfies. The container would be wheelchair accessible. It would be outwith the scope of the application to require the Council to install public toilets or additional lighting in the park. The similar operation in Dunbar reference by a representor is of interest but not relevant to this application. The proposed hours of operation are not clear, however if approved these would be limited to between 8am to 8pm. People would generally be using the park in these Page 60 of 134
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times so it is not anticipated that the proposed use would bring a significant amount of people into an otherwise quiet area during these hours. Any issues of anti-social behaviour is a police matter. Reference is made to community spirit and existing and proposed community works in the area and potential conflict. While interesting, this is not a material planning consideration and does not form part of the application assessment. The proposal would result in the loss of a small area of hardstanding of less than 30 square metres (0.3 hectares) within a park which is approximately 67,046 square metres (6.7 hectares). It is acknowledged that the incremental loss of small parts of the park would have a cumulative impact, however the loss of parkland to site a container that is not a permanent building that can be easily removed, is not a reason to refuse permission in this instance. The loss of value to nearby properties is not a material planning consideration. Should permission be approved, details of bin storage would be required for approval. Any issues over vermin should be reported to the Protective Services (Environmental Health) team. flagged up that the development would affect any protected species. Although wildlife may use the site, this is not protected wildlife and so there is no control in planning terms to protect this. There are a number of food provision units in the area which could be affected by the proposal, however competition between operations is not a material planning consideration. The issue over the lease on Council owned land being open for public competition is not something the Planning Authority can control. Recommendation: Refuse planning permission. Page 61 of 134
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Refusal of Planning Permission Town and Country Planning (Scotland) Act 1997 Reg. No. 22/00716/DPP Old School Takeaway 7 Old School Path Mayfield Dalkeith EH22 5NG Midlothian Council, as Planning Authority, having considered the application by Old School Takeaway, Mr William Kivlin, 7 Old School Path, Mayfield, Dalkeith , EH22 5NG, which was registered on 6 October 2022 in pursuance of their powers under the above Acts, hereby refuse permission to carry out the following proposed development: Change of use from public open space to allow sitting of container for use as hot food takeaway at Land to Rear of 20, Eskview Road, Mayfield, Dalkeith in accordance with the application and the following documents/drawings: Document/Drawing. Drawing No/Scale Dated Location Plan 1:1250 06.10.2022 Site Plan 1:500 06.10.2022 Floor Plan, Elevations 2586/01 1:50 06.10.2022 Illustration/Photograph 06.10.2022 The reason(s) for the Council's decision are set out below: 1. The proposed site is within 400 metres of Newbattle High School and Mayfield and Food and drink and other non-retail uses in Town Centres does not permit hot food takeaways within 400 metres of the curtilage of either primary or secondary schools. The proposal is therefore contrary to policy TCR1 of the Midlothian Local Development Plan 2017 and its associated Supplementary Guidance. 2. The building is not situated within either a Town Centre or a Local Centre, as defined in the Midlothian Local Development Plan 2017, and no evidence has been provided to demonstrate that the use will not have an adverse impact on the vitality of Mayfield Town Centre. The proposal is therefore contrary to policy TCR1 of the Midlothian Local Development Plan 2017 and its associated Supplementary Guidance. Appendix D Page 62 of 134
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Dated 18 / 1 / 2023 Duncan Robertson Lead Officer Local Developments Fairfield House, 8 Lothian Road, Dalkeith, EH22 3ZN Page 63 of 134
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Any Planning Enquiries should be directed to: Planning and Local Authority Liaison Direct Telephone: 01623 637 119 (Planning Enquiries) Email: planningconsultation@coal.gov.uk Website: www.gov.uk/coalauthority INFORMATIVE NOTE The proposed development lies within an area that has been defined by the Coal Authority as containing coal mining features at surface or shallow depth. These features may include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and former surface mining sites. Although such features are seldom readily visible, they can often be present and problems can occur, particularly as a result of new development taking place. Any form of development over or within the influencing distance of a mine entry can be dangerous and raises significant land stability and public safety risks. As a general precautionary principle, the Coal Authority considers that the building over or within the influencing distance of a mine entry should be avoided. In exceptional circumstance where this is unavoidable, expert advice must be sought to ensure that a suitable engineering design which takes into account all the relevant safety and environmental risk factors, including mine gas and mine-water. Your attention is drawn to the Coal Authority Policy in relation to new development and mine entries available at: www.gov.uk/government/publications/building-on-or-within-the-influencing-distance- of-mine-entries Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority Permit. Such activities could include site investigation boreholes, excavations for foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain a Coal Authority Permit for such activities is trespass, with the potential for court action. If any coal mining features are unexpectedly encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority Informative Note valid from 1st January 2023 until 31st December 2024 Page 64 of 134
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Local Review Body Monday 19 June 2023 Item No: 5.2 Notice of Review: 131 Main Street, 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 office building at 131 Main Street, Newtongrange. 2 Background 2.1 Planning application 22/00804/DPP for the erection of office building at 131 Main Street, Newtongrange was refused planning permission on 30 January 2023; 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 30 January 2023 (Appendix D); and • A copy of the key plans/drawings (Appendix E). 3.2 The full planning application case file and the development plan policies referred to in the case officer’s report can be viewed online via www.midlothian.gov.uk. 4 Procedures 4.1 In accordance with agreed procedures, the LRB: • Have determined to undertake a site visit (only elected members attending the site visit can participate in the determination of the review); and • Have determined to progress the review by written submissions. Page 71 of 134
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4.2 The case officer’s report identified that there were two consultation responses and two representations received. As part of the review process the interested parties were notified of the review. One additional comment has been received (from an interested party who did not make comment on the original application) objecting to the application. All comments can be viewed online on the electronic planning application case file. 4.3 The next stage in the process is for the LRB to determine the review in accordance with the agreed procedure: • Identify any provisions of the development plan which are relevant to the decision; • Interpret them carefully, looking at the aims and objectives of the plan as well as detailed wording of policies; • Consider whether or not the proposal accords with the development plan; • Identify and consider relevant material considerations for and against the proposal; • Assess whether these considerations warrant a departure from the development plan; and • State the reason/s for the decision and state any conditions required if planning permission is granted. 4.4 In reaching a decision on the case the planning advisor can advise on appropriate phraseology and on appropriate planning reasons for reaching a decision. 4.5 Following the determination of the review the planning advisor will prepare a decision notice for issuing through the Chair of the LRB. A copy of the decision notice will be reported back to the LRB for noting. 4.6 A copy of the LRB decision will be placed on the planning authority’s planning register and made available for inspection online. 5 Conditions 5.1 In accordance with the procedures agreed by the LRB at its meeting of 20 June 2022, and without prejudice to the determination of the review, the following condition has 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). 2. Development shall not begin on site until the following details have been submitted to and approved in writing by the planning authority: a) Details of the proposed roof materials of the building; and b) Details of any associated bin storage. Page 72 of 134
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Thereafter, the development hereby approved shall accord with the details agreed in terms of this condition. Reason: These details were not submitted as part of the application: to protect the visual amenity of the surrounding area. 3. Development shall not begin until details, including a timetable of implementation, of superfast broadband have been submitted to and approved in writing by the Planning Authority. The details shall include delivery of superfast broadband prior to the occupation of the unit. The delivery of superfast broadband shall be implemented as per the approved details. Reason: To ensure the quality of the development is enhanced by the provision of appropriate digital infrastructure in accordance with the requirements of policy IT1 of the adopted Midlothian Local Development Plan. 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: 10 June 2023 Report Contact: Peter Arnsdorf - Planning, Sustainable Growth and Investment Manager peter.arnsdorf@midlothian.gov.uk Background Papers: Planning application 22/00804/DPP available for inspection online. Page 73 of 134
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File No. 1:625Scale: 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 office building 131 Main Street, Newtongrange 22/00804/DPP Appendix A Page 74 of 134
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Page 1 of 5 Fairfield House 8 Lothian Road Dalkeith EH22 3ZN Tel: 0131 271 3302 Fax: 0131 271 3537 Email: planning- applications@midlothian.gov.uk Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid. Thank you for completing this application form: ONLINE REFERENCE 100605834-003 The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application. Applicant or Agent Details Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting on behalf of the applicant in connection with this application) Applicant Agent Agent Details Please enter Agent details Company/Organisation: Ref. Number: You must enter a Building Name or Number, or both: * First Name: * Building Name: Last Name: * Building Number: Address 1 Telephone Number: * (Street): * Extension Number: Address 2: Mobile Number: Town/City: * Fax Number: Country: * Postcode: * Email Address: * Is the applicant an individual or an organisation/corporate entity? * Individual Organisation/Corporate entity F.E.M Building Design Douglas Mack Plantain Grove 8 07966201299 G66 3NE Scotland Glasgow Lenzie douglas@femdesign.co.uk Appendix B Page 75 of 134
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Page 2 of 5 Applicant Details Please enter Applicant details Title: You must enter a Building Name or Number, or both: * Other Title: Building Name: First Name: * Building Number: Address 1 Last Name: * (Street): * Company/Organisation Address 2: Telephone Number: * Town/City: * Extension Number: Country: * Mobile Number: Postcode: * Fax Number: Email Address: * Site Address Details Planning Authority: Full postal address of the site (including postcode where available): Address 1: Address 2: Address 3: Address 4: Address 5: Town/City/Settlement: Post Code: Please identify/describe the location of the site or sites Northing Easting Mr 131 MAIN STREET Andrew Midlothian Council Aird NEWTONGRANGE Main Street 131 DALKEITH EH22 4PF EH22 4PF Scotland 664041 Newtongrange 333351 Page 76 of 134
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Page 3 of 5 Description of Proposal Please provide a description of your proposal to which your review relates. The description should be the same as given in the application form, or as amended with the agreement of the planning authority: * (Max 500 characters) Type of Application What type of application did you submit to the planning authority? * Application for planning permission (including householder application but excluding application to work minerals). Application for planning permission in principle. Further application. Application for approval of matters specified in conditions. What does your review relate to? * Refusal Notice. Grant of permission with Conditions imposed. No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal. Statement of reasons for seeking review You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement must set out all matters you consider require to be taken into account in determining your review. If necessary this can be provided as a separate document in the ‘Supporting Documents’ section: * (Max 500 characters) Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce all of the information you want the decision-maker to take into account. You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that time or that it not being raised before that time is a consequence of exceptional circumstances. Have you raised any matters which were not before the appointed officer at the time the Yes No Determination on your application was made? * If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before your application was determined and why you consider it should be considered in your review: * (Max 500 characters) Erection of an office building at 131 Main Street, Newtongrange, EH22 4PF It is our opinion that the reasons for refusal of planning permission are unjustified in this articular case. Page 77 of 134
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Page 4 of 5 Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters) Application Details Please provide the application reference no. given to you by your planning authority for your previous application. What date was the application submitted to the planning authority? * What date was the decision issued by the planning authority? * Review Procedure The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case. Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other parties only, without any further procedures? For example, written submission, hearing session, site inspection. * Yes No In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion: Can the site be clearly seen from a road or public land? * Yes No Is it possible for the site to be accessed safely and without barriers to entry? * Yes No Checklist – Application for Notice of Review Please complete the following checklist to make sure you have provided all the necessary information in support of your appeal. Failure to submit all this information may result in your appeal being deemed invalid. Have you provided the name and address of the applicant?. * Yes No Have you provided the date and reference number of the application which is the subject of this Yes No review? * If you are the agent, acting on behalf of the applicant, have you provided details of your name Yes No N/A and address and indicated whether any notice or correspondence required in connection with the review should be sent to you or the applicant? * Have you provided a statement setting out your reasons for requiring a review and by what Yes No procedure (or combination of procedures) you wish the review to be conducted? * Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review. Please attach a copy of all documents, material and evidence which you intend to rely on Yes No (e.g. plans and Drawings) which are now the subject of this review * Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice (if any) from the earlier consent. Planning Appeal Statement Drawings submitted for Planning Permission Off street parking provision drawing Planning Refusal document Photographs 22/00804/DPP 30/01/2023 23/11/2022 Page 78 of 134
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Page 5 of 5 Declare – Notice of Review I/We the applicant/agent certify that this is an application for review on the grounds stated. Declaration Name: Mr Douglas Mack Declaration Date: 19/04/2023 Page 79 of 134
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The reason we are seeking a review of the refusal of Planning Permission at 131 Main Street, Newtongrange, is that the reasons for refusal, are in our opinion unsubstantiated. The reasons for refusal provided by Midlothian Council we suggest are unjustified in this particular circumstance. It is our opinion that our proposal will not have any greater impact on the immediate area than that which is present to the rear of the existing properties in the locale of Main Street, Newtongrange. We would therefore request that the Local Review Body share the opinion that the proposal would not have a detrimental impact on the appearance of the area or the privacy and amenity of the surrounding residential properties as is suggested in the attached refusal document. We would respond to each of the reasons for refusal individually below. 1. The proposed building is of an unsympathetic design, not in keeping with the character and appearance of the surrounding area. We would suggest there is no particular character to this area of Newtongrange which is predominantly commercial properties with domestic flats above. A number of these commercial units are unused or vacant. We have included photographs of the existing rear elevations of the row of shops which 131 Main Street is a part of. It is clear to see from the photographic evidence that there is no readily identifiable character to this particular area of Newtongrange. It would appear that historically, these properties have been extended and altered in a variety of ways with no particular value to any character or theme within the area. To suggest the proposed office would affect the character of this area is, in our opinion completely unjustified. Were the Planning Authority to have offered discussions with ourselves with regards to a particular design they would have found acceptable, we would have taken their thoughts into consideration but this was at no time offered. 2. The proposed building would not complement or enhance the character of the area and would have a significant detrimental impact on the appearance of the area. See the response to objection number 1. Above. We strongly refute that there is any particular character or appearance to the surrounding area which would be affected by our proposal. Please refer to photographic evidence indicating the rear of the existing properties in this immediate area. 3. The proposed class 4 use is likely to have a detrimental impact on the privacy and amenity of the surrounding residential properties. There is only one domestic property to the rear of the row of commercial units which is at ground level. This is a detached house (possibly a conversion of a historic commercial Page 80 of 134
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property) and has it’s own private garden ground. This house is accessed by the lane which serves the rear of the commercial properties to the rear of this part of Main Street, Newtongrange Therefore this property has historically had through traffic to contend with in the way of deliveries and access for maintenance to the rear of these properties. To suggest that the addition of what is a very small office would have a detrimental impact on the privacy or amenity of this property is, we would suggest extremely unreasonable. The other residential properties we assume you refer to are the domestic properties located above the existing commercial units on this part of Main Street. These flats have always had commercial properties, and therefore commercial activity below them at ground level. To suggest that the addition of a small office with it’s own, independent access to the rear would have an impact on the existing curtailed level of privacy and amenity which is afforded by living on a town centre main street is not justified in this particular case. 4. It has not been demonstrated that there is no suitable alternative site for the proposed office within an established economic site. The applicant resides in Newtongrange and would run his courier business from the proposed office. To keep his thriving business with it’s headquarters in this area of Midlothian would surely be advantageous to the local area. The carbon footprint created by moving to an office outwith the Newtongrange area would also be increased. 5. For the above reasons, the proposal is contrary to policies DEV2, DEV6 and ECON4 of the adopted Midlothian Local Development Plan 2017. In addition, the lack of a high quality design-led approach is contrary to the Scottish Planning Policy. We would suggest that to implement these policies to such a small scale development is unreasonable in this case 6. Inadequate parking provision has been provided for the proposal. This would put additional pressure on the limited number of on-street parking spaces and have a detrimental impact on road safety. Off street parking can be provided within the curtilage of the existing property. Using the Occupancy Load Factor in the Building Standards Technical Guidance for an office, the maximum occupant capacity for the proposed office would be 3 persons. Adequate car parking can be provided to the rear of the property and an updated block plan indicating adequate parking provision has been included as part of this Appeal. My client is open to any alterations to the existing outbuildings within the curtilage of his property to allow a satisfactory level of off street parking. In summary, it is our opinion that the addition of this small office facility to the rear of a commercial area in an increasingly underused town centre in Midlothian would be beneficial to the town of Newtongrange for the applicant and future small businesses. Any character or amenity of the existing area has been slowly eradicated as is the norm in most town centres and we would suggest that to permit this proposed office would only be beneficial to this part of Newtongrange and in no way detrimental. Page 81 of 134
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MIDLOTHIAN COUNCIL DEVELOPMENT MANAGEMENT PLANNING APPLICATION DELEGATED WORKSHEET: Planning Application Reference: 22/00804/DPP Site Address: 131 Main Street, Newtongrange Site Description: The application site comprises a three storey end terraced building. This is two storey at Main Street but with a basement level at the rear. The front elevation has painted render walls at ground floor, with the remainder of the walls natural stone. The pitched roof is natural slate. The windows are a variety of timber sash and case frames and uVPC, all with white frames. There are external stairs and an air conditioning unit on the rear elevation, by a private access track and two outbuildings and associated garden ground. The ground floor unit is vacant and was formerly a bank, with residential accommodation at first floor. The site is adjacent to the Newtongrange Conservation Area but within the Newtongrange Town Centre where there are a variety of uses including retail, class 3 and residential. The general character of the area is single and two storey miners cottages and two storey buildings. Proposed Development: Erection of office building. Proposed Development Details: The works are proposed on the rear elevation. The external stairs and air conditioning unit are removed. The two storey building is attached to and projects 2 and 3.7 metres from the rear elevation and 6.3 metres long. This has a very slight monopitch roof a maximum of 5 metres high. The walls are wet dash render painted white with a reconstituted stone basecourse. The door and two window frames are white uPVC frames and there is a white uPVC fascia. There is no access between the office and the former bank. No parking is proposed. The application forms states the building will connect to a private water supply and will not require any new drainage arrangements. The applicant’s agent has subsequently confirmed that this will connect to the public water supply. The property will use the existing waste collection arrangement. This is to be used as Class 4 business/light industry. Background (Previous Applications, Supporting Documents, Development Briefs): Application site 18/00056/DPP Change of use of first floor level of building from bank (class 2) to flatted dwelling (class 9). Permitted. 12/00170/DPP Formation of level access and handrail. Consent with conditions. 10/00024/DPP Installation of air conditioning unit. Consent with conditions. 05/00679/FUL Erection of external ramp to provide disabled access. Permitted. 05/00016/FUL Erection of external ramp to provide disabled access to ATM. Refused. 01/00605/FUL External alterations to provide disable access and installation of external lighting. Refused. Consultations: Appendix C Page 82 of 134
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The Council’s Senior Manager Neighbourhood Services (Roads) comments that the proposal does not have any dedicated parking and would place additional pressure on the limited number of parking spaces available in the local area. They therefore do not support the proposal. They make reference that the proposal would reduce access to the rear of adjacent buildings and land. Rights of access to these areas would be a matter for individual landowners. Scottish Water has no objection and confirms there is public water supply in the area. Representations: Two letters of objection have been received on the following grounds: - The extension is ugly, is not in keeping with the stone building and would detract from the current appearance. While it is not visible from the road, it is from the residential properties in the area; - There are no buildings with similar materials in the immediate area; - The extension would narrow the access lane and impact access during construction and after this is complete; - The extension prevent overlooking to the area and exacerbate existing antisocial behaviour and theft in this area; - There are three trees in the area which the applicant has said are difficult to move because of access, yet an extension is proposed; - The proposed extension would replace the bin storage area for the residential unit at the site; - There is limited parking in the area so queries on how the building work would take place without causing significant access problems for local residents; - Impact on views from neighbouring properties; - Negatively impact the feel and view of the current shared yard/space; and - Concern over how long the building works to form the residential unit at the site and that further building work here would have another long build time. Relevant Planning Policies: Planning policy currently comprises National Planning Framework 3 and Scottish Planning Policy, SESPlan and the adopted Midlothian Local Development Plan 2017. On 11 January 2023 the Revised Draft National Planning Framework 4 was approved by the Scottish Parliament. The Planning Act requires that NPF4 must be approved by the Scottish Parliament before it can be adopted by Scottish Ministers. On adoption, planned for 13 February 2023, the provisions in the Planning Act will commence to make NPF4 part of the statutory development plan. The existing National Planning Framework 3 and Scottish Planning Policy remain in place until NPF4 has been adopted by Scottish Ministers. As the Revised Draft NPF4 is at an advanced stage and represents the settled view of the Scottish Government in terms of its planning policy it is a material consideration of significant weight in the assessment of the application. The following policies are relevant to the proposal: - Policy 14 Design, quality and place Page 83 of 134
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- Policy 26 Business and industry - Policy 27 City, town, local and commercial centres 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 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; ECON4 Economic Development Outwith Established Business and Industrial Sites states that business and industrial proposals (class 4 and 5) within the defined urban area but outwith existing or allocated business and industrial sites will be supported it: if it demonstrated that there is no suitable alternative site available within established economic sites; the site is not identified for alternative use; the proposed development would be compatible with surrounding uses and there would be no adverse impact on local and, in particular, residential amenity as a result of development; the layout and design of buildings would be appropriate to the character of the site and surrounding area; and the transport impact of the proposal would be acceptable. The Council will give support to proposals that reuse brownfield or vacant of derelict land as opposed to greenfield locations; IT1 Digital Infrastructure supports the incorporation of high speed broadband connections and other digital technologies into new homes, business properties and redevelopment proposals; TCR1 Town Centres states proposals for retail, commercial leisure development or other uses which will attract significant numbers of people, will be supported in Midlothian’s town centres, provided their scale and function is consistent with the town centre’s role, as set out in the network of centres and subject to the amenity of neighbouring uses being preserved; 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. Supplementary Guidance on Food & Drink and Other Non-Retail Uses in Town Centres is also relevant. Town centres must focus on a variety of uses and services attracting footfall. The town centre first principle encourages activities which attract significant numbers of people including shopping, commercial leisure uses, offices, community and cultural facilities, however a retail core should be retained. The impact that non-retail uses would have on the surrounding town centre must be assessed and considered acceptable, otherwise this will not be supported. Any proposed use shall not have a detrimental impact on the amenity or environment of surrounding properties and occupants in terms of noise, smell or disturbance. These Page 84 of 134
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uses must be provided with adequate parking provision and permission will not be permitted where there would be a threat to road safety. 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. While there are a variety of building designs in the wider area, the proposed building is on the rear elevation of a terraced building of traditional design and materials. Design is a material consideration in the determination of planning applications. The proposed building has a bulky, boxlike design which would have the appearance of being stuck onto the existing building with no consideration to its host building or the surrounding area. This is exacerbated by the flat roof and only two window openings on the building. It is acknowledged that the works are to the rear of the building and so not publically visible from Main Street, however it will be visible from the shared amenity spaces adjacent to the building and would have a significant detrimental impact on the appearance of the building and surrounding area. Due to the orientation of the site, there is potential for the building to have an adverse impact on the property to the north in term of overshadowing or being overbearing. The ground floor unit is used as a café therefore any overshadowing to these windows would not affect any habitable accommodation. No parking is proposed for the office building. This lack of parking would put additional pressure on the limited number of parking spaces available in the local area which is not acceptable. The impact on the private accesses to neighbouring properties as a result of the office building would be a private legal matter between the relevant parties and is not a material planning consideration. It is proposed for the office building to be in class 4 business/light industry use. Class 4 is defined as: as an office, other than a use within class 2 (financial, professional and other services); for research and development of products or processes; or for any industrial process, being a use which can be carried on in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit. This would not be a use that would encourage a high level of footfall as required for non-retail uses in town centres. However although not a high footfall generating use, being at the rear of commercial and residential properties in close proximity to amenity space, encouraging non-residents into this area may have a detrimental impact on the amenity of local residents. It has not been demonstrated that there is no suitable alternative site available within established economic sites for this class 4 use. There are permitted development rights which could allow a class 4 use of this size to change to class 6 storage and distribution without requiring planning permission. Given the location of the site close to residential properties, lack of parking and associated space this would not be appropriate. Should planning permission be approved, these permitted development rights should be removed. Page 85 of 134
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The following addresses representor comments not addressed above. The following points are not material planning considerations: loss of a view; how building works take place if permission is approved; antisocial behaviour; theft; Provided any planning permission is implemented within 3 years, unless otherwise stated, there is no time limit for works to be completed. There are trees within the application site, however these are not protected and so could be removed without permission. Should permission be approved, details of the bin storage would be conditioned. Recommendation: Refuse planning permission. Page 86 of 134
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Refusal of Planning Permission Town and Country Planning (Scotland) Act 1997 Reg. No. 22/00804/DPP F.E.M Building Design 8 Plantain Grove Lenzie Glasgow G66 3NE Midlothian Council, as Planning Authority, having considered the application by Mr Andrew Aird, 131 Main Street, Newtongrange, EH22 4PF, which was registered on 23 November 2022 in pursuance of their powers under the above Acts, hereby refuse permission to carry out the following proposed development: Erection of office building at 131 Main Street, Newtongrange, EH22 4PF In accordance with the application and the following documents/drawings: Document/Drawing. Drawing No/Scale Dated Location Plan 1:1250 23.11.2022 Site plan, location plan and elevations 22/Aird/PP/001(-) 1:500 1:100 1:50 23.11.2022 Elevations, floor plan and cross section 22/Aird/PP/002(-) 1:50 23.11.2022 The reasons for the Council's decision are set out below: 1. The proposed building is of an unsympathetic design, not in keeping with the character and appearance of the surrounding area. 2. The proposed building would not complement or enhance the character of the area and would have a significant detrimental impact on the appearance of the area. 3. The proposed class 4 use is likely to have a detrimental impact on the privacy and amenity of the surrounding residential properties. 4. It has not been demonstrated that there is no suitable alternative site for the proposed office within an established economic site. 5. For the above reasons, the proposal is contrary to policies DEV2, DEV6 and ECON4 of the adopted Midlothian Local Development Plan 2017. In addition, the lack of a high quality design-led approach is contrary to the Scottish Planning Policy. 6. Inadequate parking provision has been provided for the proposal. This would put additional pressure on the limited number of on-street parking spaces and have a detrimental impact on road safety. Appendix D Page 87 of 134
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Dated 30 / 1 / 2023 …………………………….. Duncan Robertson Lead Officer – Local Developments Fairfield House, 8 Lothian Road, Dalkeith, EH22 3ZN Page 88 of 134
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Any Planning Enquiries should be directed to: Planning and Local Authority Liaison Direct Telephone: 01623 637 119 Email: planningconsultation@coal.gov.uk Website: www.gov.uk/coalauthority Development Low Risk Area- STANDING ADVICE The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is also available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority Standing Advice valid from 1st January 2023 until 31st December 2024 Page 89 of 134
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Local Review Body Monday 19 June 2023 Item No: 5.3 Notice of Review: 13 Glenview Road, Gorebridge Determination Report Report by Chief Officer Place 1 Purpose of Report 1.1 The purpose of this report is to provide a framework for the Local Review Body (LRB) to consider a ‘Notice of Review’ for the subdivision of existing dwellinghouse to form two flatted dwellings and associated external alterations at 13 Glenview Road, Gorebridge. 2 Background 2.1 Planning application 22/00870/DPP for the subdivision of existing dwellinghouse to form two flatted dwellings and associated external alterations at 13 Glenview Road, Gorebridge was refused planning permission on 16 February 2023; 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 16 February 2023 (Appendix D); and • A copy of the key plans/drawings (Appendix E). 3.2 The full planning application case file and the development plan policies referred to in the case officer’s report can be viewed online via www.midlothian.gov.uk. 4 Procedures 4.1 In accordance with agreed procedures, the LRB: Page 93 of 134
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• Have determined to undertake a site visit (only elected members attending the site visit can participate in the determination of the review); and • Have determined to progress the review by written submissions. 4.2 The case officer’s report identified that there were one consultation response and six representations received. As part of the review process the interested parties were notified of the review. No additional comments have been received. All comments can be viewed online on the electronic planning application case file. 4.3 The next stage in the process is for the LRB to determine the review in accordance with the agreed procedure: • Identify any provisions of the development plan which are relevant to the decision; • Interpret them carefully, looking at the aims and objectives of the plan as well as detailed wording of policies; • Consider whether or not the proposal accords with the development plan; • Identify and consider relevant material considerations for and against the proposal; • Assess whether these considerations warrant a departure from the development plan; and • State the reason/s for the decision and state any conditions required if planning permission is granted. 4.4 In reaching a decision on the case the planning advisor can advise on appropriate phraseology and on appropriate planning reasons for reaching a decision. 4.5 Following the determination of the review the planning advisor will prepare a decision notice for issuing through the Chair of the LRB. A copy of the decision notice will be reported back to the LRB for noting. 4.6 A copy of the LRB decision will be placed on the planning authority’s planning register and made available for inspection online. 5 Conditions 5.1 In accordance with the procedures agreed by the LRB at its meeting of 20 June 2022, and without prejudice to the determination of the review, the following condition has 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 94 of 134
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2. The materials used to implement the external alterations hereby approved shall match those on the existing dwellinghouse. Reason: These details were not submitted with the application; in order to ensure that the development hereby approved does not detract from the character and appearance of the existing building and surrounding area. 6 Recommendations 6.1 It is recommended that the LRB: a) determine the review; and b) the planning advisor draft and issue the decision of the LRB through the Chair Peter Arnsdorf Planning, Sustainable Growth and Investment Manager Date: 10 June 2023 Report Contact: Peter Arnsdorf - Planning, Sustainable Growth and Investment Manager peter.arnsdorf@midlothian.gov.uk Background Papers: Planning application 22/00870/DPP available for inspection online. Page 95 of 134
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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 subdivision of house to form 2 flatted dwellings 13 Glenview Road, Gorebridge 22/00870/DPP Appendix A Page 96 of 134
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1 NOTICE OF REVIEW Under Section 43A(8) Of the Town and County Planning (SCOTLAND) ACT 1997 (As amended) In Respect of Decisions on Local Developments The Town and Country Planning (Schemes of Delegation and Local Review Procedure) (SCOTLAND) Regulations 2013 The Town and Country Planning (Appeals) (SCOTLAND) Regulations 2013 IMPORTANT: Please read and follow the guidance notes provided when completing this form. Failure to supply all the relevant information could invalidate your notice of review. PLEASE NOTE IT IS FASTER AND SIMPLER TO SUBMIT PLANNING APPLICATIONS ELECTRONICALLY VIA https://www.eplanning.scot 1. Applicant’s Details 2. Agent’s Details (if any) Title Ref No. Forename Forename Surname Surname Company Name Company Name Building No./Name Building No./Name Address Line 1 Address Line 1 Address Line 2 Address Line 2 Town/City Town/City Postcode Postcode Telephone Telephone Mobile Mobile Fax Fax Email Email 3. Application Details Planning authority Planning authority’s application reference number Site address Description of proposed development Print Form Mr Andrew Wesley 27 Union park Bonnyrig EH193DF Bradley Clarke Clarkes Bespoke Design Ltd 83 Ducie Street Manchester M12JQ brad@cbdarchitecture.com Midlothian Council 22/00870/DPP 13 Glenview Road, Gorebridge, EH23 4BN Subdivision of existing dwellinghouse to form two flatted dwellings and associated external alterations, at 13 Glenview Road, Gorebridge, EH23 4BN Appendix B Page 97 of 134
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2 Date of application Date of decision (if any) Note. This notice must be served on the planning authority within three months of the date of decision notice or from the date of expiry of the period allowed for determining the application. 4. Nature of Application Application for planning permission (including householder application) Application for planning permission in principle Further application (including development that has not yet commenced and where a time limit has been imposed; renewal of planning permission and/or modification, variation or removal of a planning condition) Application for approval of matters specified in conditions 5. Reasons for seeking review Refusal of application by appointed officer Failure by appointed officer to determine the application within the period allowed for determination of the application Conditions imposed on consent by appointed officer 6. Review procedure The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case. Please indicate what procedure (or combination of procedures) you think is most appropriate for the handling of your review. You may tick more than one box if you wish the review to be conducted by a combination of procedures. Further written submissions One or more hearing sessions Site inspection Assessment of review documents only, with no further procedure If you have marked either of the first 2 options, please explain here which of the matters (as set out in your statement below) you believe ought to be subject of that procedure, and why you consider further submissions or a hearing necessary. 7. Site inspection In the event that the Local Review Body decides to inspect the review site, in your opinion: Can the site be viewed entirely from public land? Is it possible for the site to be accessed safely, and without barriers to entry? 06.12.2022 16.02.2023 We believe the planning decision was made without great consideration and without proper substance with reference to planning policy and current design guidance. Page 98 of 134
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3 If there are reasons why you think the Local Review Body would be unable to undertake an unaccompanied site inspection, please explain here: 8. Statement You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. Note: you may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review. If the Local Review Body issues a notice requesting further information from any other person or body, you will have a period of 14 days in which to comment on any additional matter which has been raised by that person or body. State here the reasons for your notice of review and all matters you wish to raise. If necessary, this can be continued or provided in full in a separate document. You may also submit additional documentation with this form. Have you raised any matters which were not before the appointed officer at the time your application was determined? Yes No If yes, please explain below a) why your are raising new material b) why it was not raised with the appointed officer before your application was determined and c) why you believe it should now be considered with your review. they would need access to the rear garden space which is through the main dwelling As discussed we believe the planning decision was made without great consideration and without proper substance with reference to planning policy and current design guidance. We would also like to report a quote made in the Scottish media that states there is a huge Social requirement for 1 bed room affordable living accommodation and that currently 30% of the Scottish population now lives alone so the need for this sized property out weights any potential impact the proposals may have. As discussed the provision for residential amenity proposed for the two separate units is within current guidelines, the impact on any neighbouring dwelling with regards to privacy and overlooking would be less than the existing dwelling and that the proposed parking provision is only 0.5 spaces above the current use. We believe along with the above information that this proposal should be granted and would provide some well needed affordable living accommodation in the local area. we did not have chance to discuss any of the planning offciers reasons for refusal in depth. Page 99 of 134
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4 9. List of Documents and Evidence Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review Note. The planning authority will make a copy of the notice of review, the review documents and any notice of the procedure of the review available for inspection at an office of the planning authority until such time as the review is determined. It may also be available on the planning authority website. 10. Checklist Please mark the appropriate boxes to confirm that you have provided all supporting documents and evidence relevant to your review: Full completion of all parts of this form Statement of your reasons for requesting a review All documents, materials and evidence which you intend to rely on (e.g. plans and drawings or other documents) which are now the subject of this review. Note. Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice from that earlier consent. DECLARATION I, the applicant/agent hereby serve notice on the planning authority to review the application as set out on this form and in the supporting documents. I hereby confirm that the information given in this form is true and accurate to the best of my knowledge. Signature: Name: Date: Any personal data that you have been asked to provide on this from will be held and processed in accordance with Data Protection Legislation. Appeal statement - 13 Glenview road Bradley Clarke 10.03.23 Page 100 of 134
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Appeal statement - PLANNING APPLICATION - 22/00870/DPP Amenity space : We have 100m2 to the rear and 40m2 to the front of the existing property. The rear can be split into two separate 50m2 private gardens which is more than adequate for the proposed occupancy. This amendment could have easily been made during the planning process by introducing a fence within the rear garden if deemed necessary. We have search for a clear outline in Midlothian SPG but there was no clear dimensional target or minimum, that being said West Lothian council have an in depth SPG for new residential development, in this design guidance it states the below which seems to confirm the 50m2 / unit to be acceptable. (Residential design guide - Approved by West Lothian Council) Impact on residential amenity and overlooking : Regarding the reason for refusal based on Overlooking and impact to privacy, There are no new windows proposed to either elevation at any level. The current use as a 4 bedroom family dwelling could be used by a maximum of 7 occupants (3x double bedroom + 1 x single bedroom). The proposed 2 x one bed room units have a total proposed occupancy of 3 people, the ground floor unit is a 1 bedroom 1 person unit and the first floor unit is a 2 bedroom 2 person unit when the national space standards are used. Along with this reduction in occupancy numbers which has a clear reduction on neighbouring amenity, privacy and overlooking, the existing dwelling could be lawfully amended so that all the living space could be moved to the 1st floor at the rear of the property which should be taken as relevant planning consideration. Parking : Another reason for the refusal has in our opinion been made without proper reasoning by the planning officer and is clearly backed by a lobbied neighbouring home owner to prevent the proposals being approved where as the proposals should be decided based on its own merits along with the current design guidance and adopted policy. The current dwelling is a 4 bedroom dwelling house, as set out in Midlothian’s parking standards the level of provision would be 2.5 parking spaces. The proposal of 2 x one bedroom flats would have a level of provision of 3 parking spaces, this can been seen in the table below. Page 101 of 134
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The client has carried out various visits to the site at different times during the day which clearly shows that the level of free parking on Glenview road is more than adequate to take an increase of 0.5 parking spaces over the current use as a 4 bedroom dwelling. These photos can be seen below Photo 1 Photo 2 Photo 3 Photo 4 Photo 5 Photo 6 Photo 7 Page 102 of 134
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Conclusion As discussed we believe the planning decision was made without great consideration and without proper substance with reference to planning policy and current design guidance. We would also like to report a quote made in the Scottish media that states there is a huge Social requirement for 1 bed room affordable living accommodation and that currently 30% of the Scottish population now lives alone so the need for this sized property out weights any potential impact the proposals may have. As discussed the provision for residential amenity proposed for the two separate units is within current guidelines, the impact on any neighbouring dwelling with regards to privacy and overlooking would be less than the existing dwelling and that the proposed parking provision is only 0.5 spaces above the current use. We believe along with the above information that this proposal should be granted and would provide some well needed affordable living accommodation in the local area. Page 103 of 134
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MIDLOTHIAN COUNCIL DEVELOPMENT MANAGEMENT PLANNING APPLICATION DELEGATED WORKSHEET: Planning Application Reference: 22/00870/DPP Site Address: 13 Glenview Road, Gorebridge. Site Description: The application site comprises a semi-detached house and associated garden ground. The walls are light brown dry dash render, the roof brown concrete profiled tile and the window frames white uPVC. This has been extended with a two storey gable extension. The site is in a predominantly residential area, with two storey detached, semi-detached, terraced and flatted dwellings. Proposed Development: Subdivision of existing dwellinghouse to form two flatted dwellings and associated external alterations. Proposed Development Details: It is proposed to subdivide the existing four bed house. The application form states these are two one bed flats but the plans indicate the upper flat could be three bed. An existing door opening on the front elevation is to be replaced with two doors, with the existing canopy porch extended over one of these. The doors will provide separate access to each flat plus access through the house into the rear garden. A replacement door opening is proposed on the rear elevation. The garden ground is to be shared and a cycle store and a bin storage area is proposed. The application form states there are two existing parking spaces on site, with space proposed. The proposed site plan does not show any parking. The applicant states the house is currently occupied by a family of 5 with three and potentially four cars, meaning the two flats would result in less parking demand. More parking could be formed in the front garden and there is sufficient parking in the area. Less people means less noise and the proposed occupants are more likely to be older people who may no longer drive due to the proximity of local bus stops and free bus passes. There will be less people to overlook neighbouring houses. Background (Previous Applications, Supporting Documents, Development Briefs): Application site 11/00697/DPP Extension to dwellinghouse. Consent with conditions. Consultations: The Council’s Senior Manager Neighbourhood Services (Roads) states the proposal does not include the provision of any new residential or visitor parking. This would place additional pressure on the limited number of on- street spaces available and may lead to inconsiderate or illegal parking in the surrounding area. They recommend the application be refused. Representations: Six objections have been received on the following grounds: - Impact on privacy and amenity of neighbours; - The changes will be out of character with the area; - The alterations to the front elevation are ugly and out of keeping with the area; Appendix C Page 104 of 134
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- Impact on parking in the area and exacerbated existing issues; - Effect on road safety; - Impact on property value; - The subdivision is prevented in the title deeds for the house; - The timeframe to provide comments is not acceptable; - The proposal would result in works that would severely impact the neighbours; - The existing extension is poorly built and issues relating to the proposal would exacerbate this; - The previous extension does not fully match the approved plans; - Increase in noise; - There are enough 1 bed flats in the area; and - Subdividing houses to flats increases anti-social behaviour. This is a quiet area. Relevant Planning Policies: The following policies of NPF4 are relevant to the proposal: - Policy 3 Biodiversity - Policy 14 Design, quality and place - Policy 16 Quality homes The relevant policies of the 2017 Midlothian Local Development Plan are; STRAT2 Windfall Housing Sites advises that within the built-up areas, housing development on non-allocated sites and including the reuse of buildings and redevelopment of brownfield land, will be permitted provided that: it does not lead to the loss or damage of valuable public or private open space; it does not conflict with the established land use of the area; it respects the character of the area in terms of scale, form, design and materials; it meets traffic and parking requirements; and it accords with other relevant Local Plan policies and proposals; 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 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; 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; and IT1 Digital Infrastructure supports the incorporation of high speed broadband connections and other digital technologies into new homes, business properties and redevelopment proposals. 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 representations and consultation response received are material considerations. Page 105 of 134
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The application site is within the built-up area and so, in principle, some development could be acceptable. The details of the proposal require to be considered. There are a number of flatted properties in the wider area to the north on the approach to the site, with the character of the area changing to detached, semi- detached and terrace housing in the immediate vicinity of the site. The proposed external alterations on the front elevation would result in an unusual layout of three doors in close proximity to one another. However these do not significantly detract from the character or appearance of the area to warrant refusal. Similar alterations could be done to other houses in the area without requiring planning permission. The proposal would result in two separate flatted dwellings. One would be at first floor level and afford overlooking to the neighbouring properties, particularly the garden ground. While there could be overlooking at first floor level from the existing arrangement, this would be from bedrooms and a bathroom which are ancillary, less public rooms. The proposed flat would have a living room and dining room to the rear which could provide more overlooking to these neighbouring properties. A material planning consideration in this case is whether the property will provide an acceptable level of amenity for future residents of the development. The plans show 90 square metres of garden ground at the site and it is not proposed to provide separate garden ground to each flat. The garden ground will be shared and will be directly overlooked by the flat at first floor level. The size of the usable, private garden ground is below the required standards. The proposal does not provide any additional parking for the additional residential unit or associated visitor parking. This would place additional pressure on the limited number of on-street spaces available and may lead to inconsiderate or illegal parking in the surrounding area. Given the existing pressures on parking in the area, an increased demand will have a detrimental impact on the amenity of local residents; will have a detrimental impact on the character of the surrounding area; and will have a detrimental impact on road safety. The applicant has stated that the house is currently occupied by a family of 5 with three and potentially four cars, meaning the two flats would result in less parking demand. They also state they could create more parking in the front garden and that there is sufficient parking in the area in evenings. This level of occupation is not unusual for a four bed semi-detached house and would be in keeping with the area. The proposal for one one bed flat and potentially a four bed flat could result in up to six cars, which would result in the above road safety concerns. The creation of additional parking at the site would result in the loss of an area of on-street parking and also not fully address these road safety concerns. The following addresses representor comments not addressed above. The following matters are not material planning considerations: - The impact on property value; - The content of title deeds are not material planning considerations; Page 106 of 134
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- Concerns about possible anti-social behaviour from future occupants of the property. Such behaviour could occur irrespective of property being a flat or house; and - The amount of one bedroom flats in the area. The timeframe to submit comments on the application were in line with the planning regulations. The construction of the existing extension is not a material planning consideration. This extension appears to match the approved plans and even if not, the planning authority could not take action against this due to the length of time since the extension was constructed. Although there would be an increase in noise from two households at the site, this is not considered significant enough to warrant refusal of the application. Recommendation: Refuse planning permission. Page 107 of 134
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Refusal of Planning Permission Town and Country Planning (Scotland) Act 1997 Reg. No. 22/00870/DPP Clarkes Bespoke Design ltd 83 Ducie Street Manchester M12JQ Midlothian Council, as Planning Authority, having considered the application by Mr Andrew Wesley, 13 Glen View Road, Gorebridge, EH23 4BN, which was registered on 6 December 2022 in pursuance of their powers under the above Acts, hereby refuse permission to carry out the following proposed development: Subdivision of existing dwellinghouse to form two flatted dwellings and associated external alterations, at 13 Glenview Road, Gorebridge, EH23 4BN In accordance with the application and the following documents/drawings: Document/Drawing. Drawing No/Scale Dated Site Plan PL-003 P1 1:200 05.12.2022 Elevations, floor plan and cross section PL-001 P1 1:50 05.12.2022 Elevations, floor plan and cross section PL-002 P1 1;1250 05.12.2022 The reasons for the Council's decision are set out below: 1. The proposed subdivision of the property would result in significantly low levels of amenity for the dwellings, with below standard garden ground provided for the proposed flatted dwellings. 2. The proposed subdivision of the property would result in overlooking to the gardens of neighbouring houses and detrimentally affect the amenity and privacy of these existing properties. 3. For the above reasons, the Planning Authority considers the proposal overdevelopment which does not comply with policies STRAT2, DEV2 and DEV6 of the adopted Midlothian Local Plan. 4. Inadequate parking provision has been provided for the proposal. This would put additional pressure on the limited number of on-street parking spaces and have a detrimental impact on road safety. Dated 16 / 2 / 2023 Appendix D Page 108 of 134
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…………………………….. Duncan Robertson Lead Officer – Local Developments Fairfield House, 8 Lothian Road, Dalkeith, EH22 3ZN Page 109 of 134
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Any Planning Enquiries should be directed to: Planning and Local Authority Liaison Direct Telephone: 01623 637 119 (Planning Enquiries) Email: planningconsultation@coal.gov.uk Website: www.gov.uk/coalauthority INFORMATIVE NOTE The proposed development lies within an area that has been defined by the Coal Authority as containing coal mining features at surface or shallow depth. These features may include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and former surface mining sites. Although such features are seldom readily visible, they can often be present and problems can occur, particularly as a result of new development taking place. Any form of development over or within the influencing distance of a mine entry can be dangerous and raises significant land stability and public safety risks. As a general precautionary principle, the Coal Authority considers that the building over or within the influencing distance of a mine entry should be avoided. In exceptional circumstance where this is unavoidable, expert advice must be sought to ensure that a suitable engineering design which takes into account all the relevant safety and environmental risk factors, including mine gas and mine-water. Your attention is drawn to the Coal Authority Policy in relation to new development and mine entries available at: www.gov.uk/government/publications/building-on-or-within-the-influencing-distance- of-mine-entries Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority Permit. Such activities could include site investigation boreholes, excavations for foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain a Coal Authority Permit for such activities is trespass, with the potential for court action. If any coal mining features are unexpectedly encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority Informative Note valid from 1st January 2023 until 31st December 2024 Page 110 of 134
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Local Review Body Monday 19 June 2023 Item No: 5.4 Notice of Review: 5 Braeside Road South, Gorebridge Determination Report Report by Chief Officer Place 1 Purpose of Report 1.1 The purpose of this report is to provide a framework for the Local Review Body (LRB) to consider a ‘Notice of Review’ for alterations to garden levels, erection of retaining wall and formation of driveway (retrospective) at 5 Braeside Road South, Gorebridge. 2 Background 2.1 Planning application 23/00033/DPP for alterations to garden levels, erection of retaining wall and formation of driveway (retrospective) at 5 Braeside Road South, Gorebridge was granted planning permission subject to conditions on 17 March 2023; a copy of the decision is attached to this report. Condition 1 on planning permission 23/00033/DPP subject to review is as follows: 1. The depth of the driveway as shown on the site plan is not approved: within three months of the date of this decision the rear section of retaining wall shall be repositioned closer to the house and the depth of the hardstanding shall be increased from 4.2m to a minimum of 4.8m as measured from the rear of the pavement along the site frontage. Reason: In order that a car can be safely parked off the public highway: to ensure no hazard is caused to pedestrians using the footway. The applicant is requesting that this condition is removed from the grant of planning permission and as a consequence the retaining wall shall stay in situ as positioned and the driveway will be retained at 4.2m 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; Page 115 of 134
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• A copy of the case officer’s report (Appendix C); • A copy of the decision notice, excluding the standard advisory notes, issued on 17 March 2023 (Appendix D); and • A copy of the key plans/drawings (Appendix E). 3.2 The full planning application case file and the development plan policies referred to in the case officer’s report can be viewed online via www.midlothian.gov.uk. 4 Procedures 4.1 In accordance with agreed procedures, the LRB: • Have determined to undertake a site visit (only elected members attending the site visit can participate in the determination of the review); and • Have determined to progress the review by written submissions. 4.2 The case officer’s report identified that there 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 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, Page 116 of 134
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the following condition has been prepared for the consideration of the LRB if it is minded to uphold the review and grant planning permission. 1. Any railings to be erected on top of the retaining walls shall be in accordance with details to be submitted to and approved in writing by the planning authority. The railings shall thereafter be retained in accordance with the approved details unless otherwise agreed in writing by the planning authority. Reason: To safeguard the visual amenity of the surrounding area. 6 Recommendations 6.1 It is recommended that the LRB: a) determine the review; and b) the planning advisor draft and issue the decision of the LRB through the Chair Peter Arnsdorf Planning, Sustainable Growth and Investment Manager Date: 10 June 2023 Report Contact: Peter Arnsdorf - Planning, Sustainable Growth and Investment Manager peter.arnsdorf@midlothian.gov.uk Background Papers: Planning application 23/00033/DPP available for inspection online. Page 117 of 134
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File No. 1:750Scale: 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 driveway and associated works 5 Braeside Road South, Gorebridge 23/00033/DPP Appendix A Page 118 of 134
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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 100600870-005 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: * Miss Michelle Watson 5 Braeside Road South 5 EH23 4DN Scotland Gorebridge Appendix B Page 119 of 134
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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. 5 BRAESIDE ROAD SOUTH Driveway Midlothian Council GOREBRIDGE EH23 4DN 661613 334838 Page 120 of 134
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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? * I state that the driveway in my property is identical to the ones which are nearby. The vehicle I own safely fits the driveway space available. I believe the modifications mentioned(condition 1)is cosmetic and superficial. There is a pipeline laid in front of the house, which will prevent any demolition of the wall.This type of small scale building work does not have a significant impact on the character of the house, the visual amenity of the area or the amenity of the neighbouring houses. I will Include 2 photos of my car safely within my driveway that show the public pathway completely clear and safe for people to walk past. 23/00033/dpp 21/03/2023 23/01/2023 Page 121 of 134
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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: Miss Michelle Watson Declaration Date: 27/04/2023 Page 122 of 134
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Planning Permission Town and Country Planning (Scotland) Act 1997 Reg. No. 23/00033/DPP Miss Michelle Watson 5 Braeside Road South Gorebridge EH23 4DN Midlothian Council, as Planning Authority, having considered the application by Miss Michelle Watson, 5 Braeside Road South, Gorebridge, EH23 4DN, which was registered on 23 January 2023, in pursuance of their powers under the above Acts, hereby grant permission to carry out the following proposed development: Alterations to garden levels, erection of retaining wall and formation of driveway (retrospective) at 5 Braeside Road South, Gorebridge, EH23 4DN in accordance with the application and the following documents/drawings: Document/Drawing Drawing No/Scale Dated Location Plan 1:1250 23.01.2023 Site Plan 23.01.2023 Proposed Elevations 23.01.2023 Illustration/Photograph 23.01.2023 Illustration/Photograph 23.01.2023 Illustration/Photograph 23.01.2023 Illustration/Photograph 23.01.2023 Illustration/Photograph 23.01.2023 This permission is granted for the following reasons: Whilst it hasn’t been demonstrated that the build has been built sustainably to comply with Policy 1 of NPF4, the small scale of the works is unlikely to negatively contribute to the global climate and nature crisis. The works do not have a significant impact on the character of the house, the visual amenity of the area or the amenity of neighbouring properties and comply with the aims of policy DEV2 of the adopted Midlothian Local Development Plan 2017 and policies 14 and 16 of NPF4. Subject to the following conditions: 1. The depth of the driveway as shown on the site plan is not approved: within three months of the date of this decision the rear section of retaining wall shall be repositioned closer to the house and the depth of the hardstanding shall be increased from 4.2m to a minimum of 4.8m as measured from the rear of the pavement along the site frontage. Reason: In order that a car can be safely parked off the public highway: to ensure no hazard is caused to pedestrians using the footway. 2. Within three months of the completion of the works required in terms of condition 1 the exposed sections of retaining wall shall be rendered to match the colour and texture of the render on the external walls of the existing house at the application site. Appendix D Page 128 of 134
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3. Details of any railings to be erected on top of the retaining walls shall be submitted to the Planning Authority and the railings shall not be installed until these details have been approved in writing by the Planning Authority. Reason for conditions 2 and 3: To safeguard the visual amenity of the surrounding area. Dated 17 / 3 / 2023 …………………………….. Duncan Robertson Lead Officer – Local Developments, Fairfield House, 8 Lothian Road, Dalkeith, EH22 3ZN Page 129 of 134
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Any Planning Enquiries should be directed to: Planning and Local Authority Liaison Direct Telephone: 01623 637 119 (Planning Enquiries) Email: planningconsultation@coal.gov.uk Website: www.gov.uk/coalauthority INFORMATIVE NOTE The proposed development lies within an area that has been defined by the Coal Authority as containing coal mining features at surface or shallow depth. These features may include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and former surface mining sites. Although such features are seldom readily visible, they can often be present and problems can occur, particularly as a result of new development taking place. Any form of development over or within the influencing distance of a mine entry can be dangerous and raises significant land stability and public safety risks. As a general precautionary principle, the Coal Authority considers that the building over or within the influencing distance of a mine entry should be avoided. In exceptional circumstance where this is unavoidable, expert advice must be sought to ensure that a suitable engineering design which takes into account all the relevant safety and environmental risk factors, including mine gas and mine-water. Your attention is drawn to the Coal Authority Policy in relation to new development and mine entries available at: www.gov.uk/government/publications/building-on-or-within-the-influencing-distance-of-mine- entries Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority Permit. Such activities could include site investigation boreholes, excavations for foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain a Coal Authority Permit for such activities is trespass, with the potential for court action. If any coal mining features are unexpectedly encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority Informative Note valid from 1st January 2023 until 31st December 2024 Page 130 of 134
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