Agenda Document Pack - Local Review Body - 11/12/2023

Midlothian Council · 11 December 2023
Back to Local Review Body — 11 December 2023 and its agenda

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Page 1

Notice of Meeting and Agenda 
Local Review Body 
Venue:  Council Chambers/Hybrid, 
Midlothian House, Dalkeith, EH22 1DN 
Date:  Monday, 11 December 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
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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 13 November 2023 submitted for approval 3 - 12 
5          Public Reports 
Notice of Reviews - Determination Reports by Chief Officer Place 
5.1 23.00485.DPP - 31 Newton Village, Dalkeith LRB Report and
Appendices
13 - 32 
6          Private Reports 
No items for discussion 
7          Date of Next Meeting 
The next meeting will be held on Monday 5 February 2024 at 13.00pm. 
Plans and papers relating to the applications on this agenda can also be
viewed at https://planning-applications.midlothian.gov.uk/OnlinePlanning 
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Minute of Meeting
Local Review Body
Date Time Venue
Monday 13 November 2023 1.00pm Council Chambers/Hybrid
Present:
Councillor Imrie (Chair) Councillor Smaill
Councillor Bowen Councillor Cassidy
Councillor Drummond Councillor McEwan
In Attendance:
Peter Arnsdorf Planning, Sustainable Growth and Investment Manager
Hannah Forbes Assistant Democratic Services Officer
Lucy Roddie Democratic Services Officer
Local Review Body
Monday 11 December 2023
Item No 4.1
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1 Welcome, Introductions and Apologies 
Apologies for absence were received from Councillor Virgo, Councillor Milligan
and Councillor McManus. 
2 Order of Business 
The order of business was as outlined in the agenda. 
3 Declarations of interest 
No declarations of interest were intimated at this stage of the proceedings. 
4 Minute of Previous Meeting 
The Minute of the Meeting of 25 September 2023 was submitted and approved as
a correct record. 
5 Reports
Notice of Reviews – Determination Reports by Chief Officer Place
Agenda No Report Title Presented by:
5.1 23.00332.PPP - Land at Fallhills Howgate
Penicuik 
Peter Arnsdorf,
Planning, Sustainable
Growth and
Investment Manager
Outline of report and summary of discussion
Peter Arnsdorf, Planning, Sustainable Growth and Investment Manager, presented
this report. The purpose of the report is to provide a framework for the Local Review
Body (LRB) to consider a ‘Notice of Review’ for planning permission in principle for
the erection of a dwellinghouse on land at Fallhills, Howgate, Penicuik. 
Peter Arnsdorf reported that planning application 23/00332/PPP for planning
permission in principle for the erection of dwellinghhouse on land at Fallhills, Howgate,
Penicuik was refused on 24 July 2023. 
Peter Arnsdorf noted that elected members had attended a site visit on the morning
of 13 November 2023. 
Councillor Imrie, the Chair, thanked Peter Arnsdorf for the report and opened it up to
questions. 
The Local Review Body in discussing the proposed development gave careful
consideration to the impact on the appearance of the surrounding area, noting that
the location of the development site was such that it would be visible from the road.
Councillor Smaill suggested mandated tree planting along the site boundaries to
provide visual containment of the site. 
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Councillor Imrie, the Chair, noted that the report made reference to the applicant
taking no extra measures to help address climate and nature crisis as required by
National Planning Framework 4 (NPF4) policies, however, in another section of the
report there seem to be several measures in place to address this. The Chair sought
clarity on the requirements of NPF4 in this regard. 
In response, Peter Arnsdorf noted that the primary focus of the NPF4 planning polices
seek for developments to be sustainable and to give consideration to the global
climate and nature crises. The application site is in a rural location not serviced by
public transport and the majority of trips to and from the site are likely to be done by
private car. The proposed development is therefore fundamentally unsustainable.
Peter Arnsdorf noted that the applicant had endeavoured to contribute to the
enhancement of sustainability and biodiversity, insofar as was in their control. 
The Local Review Body noted that the proposed site is an external horse riding school
area lying empty. Development would therefore enhance the setting and contribute to
the visual amenity of the area. 
The Local Review Body noted that the 5+1 guidance was relevant to this case. The
Supplementary Guidance for Housing Development in the Countryside and Green
Belt provides some support for the development of one house where there is a group
of 5 or more existing dwellinghouses. There are 9 houses within the group to the south
of the site at Fallhills and therefore potential for one further house in the current
Midlothian Local Development Plan (MLDP) period. 
Councillor McEwan, seconded by Councillor Cassidy, moved to uphold the review
request and grant planning permission, subject to the conditions as detailed in the
report and subject to the addition of a condition to plant trees for visual containment
of the site, as suggested by Councillor Smaill. 
Decision
The Local Review Body agreed to uphold the review request and to grant planning
permission in principle for the erection of a dwellinghouse on land at Fallhills,
Howgate, Penicuik, subject to the conditions as detailed in the report and subject to
the addition of a condition to include native tree and hedgerow planting along the site
boundaries to provide visual containment of the site. 
Action
Planning, Sustainable Growth and Investment Manager prepare a decision notice for
issuing through the Chair of the LRB. 
6. Private Reports 
No private business was discussed. 
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7. Date of Next Meeting 
The next meeting is scheduled for Monday 11 December 2023 at 13:00. 
The meeting terminated at 13:17.
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Grant of Planning Permission
Town and Country Planning (Scotland) Act 1997 as amended 
Local Review Body: Review of Planning Application
Reg. No.   23/00332/PPP 
Ferguson Planning
38 Thistle Street
Edinburgh
EH2 1EN 
Midlothian Council, as Planning Authority, having considered the review of the
application by Mr Brian McPhillips, 1 Fallhills Court, Howgate, EH26 8QE, which
was registered on 23 October 2023 in pursuance of their powers under the above
Act, hereby grant permission to carry out the following proposed development: 
Application for planning permission in principle for erection of dwellinghouse
at land at Fallhills, Howgate, Penicuik, in accordance with the application and the
following plans: 
Drawing Description. Drawing No/Scale Dated                      
Location Plan P00 1:1000 25.05.2023
Site Plan P01 1:500 25.05.2023 
Subject to the following conditions: 
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 until an application for the approval of matters
specified in conditions for the following details has been submitted to and
approved in writing by the planning authority: 
a) A detailed layout plan of the site, showing the siting of the proposed
house, details of vehicular access, parking provision and manoeuvring
within the site and details of all walls, fences or other means of
enclosure, including bin stores or other ancillary structures; 
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b) Existing and finished ground levels and floor levels for all buildings,
open space and access roads in relation to a fixed datum;
c) Detailed plans, sections and elevations of the proposed house,
indicating the colour and type of materials to be used on the external
walls, roof and windows; 
d) Details of all hard surfacing and kerbing; 
e) Details of a sustainability/biodiversity scheme for the site, including the
provision of house bricks and boxes for bats and swifts; 
f) Details of the provision of superfast broadband connections for the
house; 
g) Details of the provision of electric vehicle charging stations for the
house;
h) Details of the proposed air source heat pump;
i) Proposals for the treatment and disposal of foul and surface water
drainage from the proposed house. Unless otherwise approved in
writing by the planning authority, the surface water drainage shall
comply with the standards detailed in the SUDS Manual;  and
j) Details of a scheme of existing and proposed landscaping at the site
and a plan and planting schedule detailing the position, number, size
and species of all trees and shrubs that are proposed to be planted; all
trees on the site which are to be removed and retained; and details of
the means of protection of all trees that are to be retained. 
Reason: Permission is granted in principle only. No details were approved
with the application and detailed consideration is required for the siting,
massing and design of the proposed dwellinghouse and site access
arrangements; to ensure protected species are not adversely affected. 
3. The house approved in terms of conditions 2a) and 2c) shall be a maximum
of two storeys high with the upper level of accommodation provided wholly
within the roofspace. 
Reason: To be in keeping with the surrounding houses within the housing
group; to protect the visual amenity of the surrounding rural area. 
4. The scheme of landscaping approved in accordance with condition 2j) shall
include details of native tree and hedgerow planting along the site
boundaries.
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5. The scheme of landscaping approved in accordance with condition 2j) shall
be carried out and completed within six months of the house either being
completed or brought into use, whichever is the earlier date.  Any trees
removed, dying, severely damaged or becoming seriously diseased within
five years of planting shall be replaced in the following planting season by
trees of a size and species similar to those originally required. 
Reason for conditions 4 and 5: To ensure the landscaping is appropriate to
the rural surroundings and integrates the development into the area; to
ensure that the landscaping is carried out and becomes successfully
established. 
6. Before the new house is occupied the installation of the means of drainage
treatment and disposal approved in terms of condition 2i) above shall be
completed to the satisfaction of the planning authority. 
Reason: To ensure that the house is provided with adequate drainage
facilities prior to occupation. 
The Local Review Body (LRB) considered the review of the planning application at
its meeting of 13 November 2023. 
In reaching its decision the LRB gave consideration to the following development
plan policy and material considerations: 
National Planning Framework 4 
1. Policy 1 Tackling the climate and nature crisis;
2. Policy 2 Climate mitigation and adaptation;
3. Policy 3 Biodiversity;
4. Policy 5 Soils;
5. Policy 11 Energy;
6. Policy 12 Zero waste;
7. Policy 13 Sustainable transport;
8. Policy 14 Design, quality and place;
9. Policy 15 Local Living and 20 minute neighbourhoods;
10. Policy 16 Quality homes;
11. Policy 17 Rural homes;
12. Policy 19 Heating and cooling;
13. Policy 20 Blue and green infrastructure;
14. Policy 22 Flood risk and water management;
15. Policy 23 Health and safety; and
16. Policy 24 Digital infrastructure. 
Midlothian Local Development Plan Policies: 
1. DEV5 Sustainability in new development;
2. DEV6 Layout and design of new development; 
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3. DEV7 Landscaping in new development;
4. TRAN5 Electric vehicle charging;
5. IT1 Digital infrastructure;
6. RD1 Development in the countryside; and
7. ENV7 Landscape character.  
Supplementary guidance for housing development in the countryside and green
belt. 
Material Considerations: 
1. The individual circumstances of the site and the application. 
In determining the review the LRB concluded: 
The proposed single dwellinghouse by means of its siting to the south/south west of
the B6372 and proximity to other buildings in Fallhills will not be detrimental to the
local landscape, residential amenity or the countryside and as such is considered
an acceptable addition to the Fallhills housing cluster in accordance with the
Midlothian Local Development Plan 2017. 
In reaching its decision the LRB stated that the acceptability of the proposal is
based on providing visual containment to the site by substantial planting and the
proposed dwellinghouse being of high quality design and materials.  These matters
can be secured through the conditions. 
Dated: 13/11/2023 
Peter Arnsdorf
Planning, Sustainable Growth and Investment Manager
Advisor to the Local Review Body
Place Directorate
Midlothian Council 
On behalf of:
Councillor R Imrie
Chair of the Local Review Body
Midlothian Council 
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SCHEDULE 2    Regulation 21 
NOTICE TO ACCOMPANY REFUSAL ETC. 
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 
Notification to be sent to applicant on refusal of planning permission or on
the grant of permission subject to conditions, or 
Notification to be sent to applicant on determination by the planning authority
of an application following a review conducted under section 43A(8) 
1. If the applicant is aggrieved by the decision of the planning authority to refuse
permission for or approval required by a condition in respect of the proposed
development, or to grant permission or approval subject to conditions, the
applicant may question the validity of that decision by making an application
to the Court of Session.  An application to the Court of Session must be
made within 6 weeks of the date of the decision. 
2. If permission to develop land is refused or granted subject to conditions and
the owner of the land claims that the land has become incapable of
reasonably beneficial use in its existing state and cannot be rendered
capable of reasonably beneficial use by carrying out of any development
which has been or would be permitted, the owner of the land may serve on
the planning authority a purchase notice requiring the purchase of the owner
of the land’s interest in the land in accordance with Part V of the town and
Country Planning (Scotland) Act 1997 
Advisory note: 
If you have any questions or enquiries regarding the Local Review Body procedures
or this decision notice please do not hesitate to contact Peter Arnsdorf, Planning,
Sustainable Growth and Investment Manager via peter.arnsdorf@midlothian.gov.uk 
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Any Planning Enquiries should be directed to: 
Planning and Local Authority Liaison  
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 
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Local Review Body
Monday 11 December 2023
Item No 5.1
Notice of Review: 31 Newton Village, Dalkeith
Determination Report
Report by Chief Officer Place
1 Purpose of Report
1.1 The purpose of this report is to provide a framework for the Local
Review Body (LRB) to consider a ‘Notice of Review’ for the erection of
rear extension and front porch to flatted dwelling at 31 Newton Village,
Dalkeith.
2 Background
2.1 Planning application 23/00485/DPP for the erection of rear extension
and front porch to flatted dwelling at 31 Newton Village, Dalkeith was
refused planning permission on 1 September 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 1 September 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:
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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 no consultations and
no representations received.
4.3 The next stage in the process is for the LRB to determine the review in
accordance with the agreed procedure:
• Identify any provisions of the development plan which are relevant
to the decision;
• Interpret them carefully, looking at the aims and objectives of the
plan as well as detailed wording of policies;
• Consider whether or not the proposal accords with the
development plan;
• Identify and consider relevant material considerations for and
against the proposal;
• Assess whether these considerations warrant a departure from the
development plan; and
• State the reason/s for the decision and state any conditions
required if planning permission is granted.
4.4 In reaching a decision on the case the planning advisor can advise on
appropriate phraseology and on appropriate planning reasons for
reaching a decision. 
4.5 Following the determination of the review the planning advisor will
prepare a decision notice for issuing through the Chair of the LRB.  A
copy of the decision notice will be reported back to the LRB for noting.
4.6 A copy of the LRB decision will be placed on the planning authority’s
planning register and made available for inspection online. 
5 Conditions
5.1 In accordance with the procedures agreed by the LRB at its meeting of
20 June 2022, and without prejudice to the determination of the review,
the following conditions have been prepared for the consideration of
the LRB if it is minded to uphold the review and grant planning
permission.
1. The development to which this permission relates shall commence
no later than the expiration of three years beginning with the date
of this permission.
Reason: To accord with the provisions of Section 58 of the Town
and Country Planning (Scotland) Act 1997 (as amended by the
Planning (Scotland) Act 2019).
2. The use of concrete roof tiles on the roof of the porch is not
approved: the roof of the porch shall be covered in natural slate to
match the colour, size, texture and profile of the slate on the roof of
the existing building.
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Reason: To safeguard the character of the building as extended
and the visual amenity of the surrounding area. 
3. Within 3 months of the rear extension being completed or brought
into use whichever is the earlier date the existing garage in the
back garden as indicated on the approved 1:200 existing block plan
on drawing no. 23/McPhee/PP/001(-) shall be removed in its
entirety.
Reason: To ensure adequate private amenity space associated
with the application property.
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:  1 December 2023
Report Contact:     Ingrid Forteath, Planning Officer
Ingrid.Forteath@midlothian.gov.uk
Background Papers: Planning application 23/00485/DPP available for
inspection online.
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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. AC0000811376(2023)
Midlothian Council
Fairfield House
8 Lothian Road
Dalkeith
EH22 3AA
Planning Service
Place Directorate
Extension to flatted dwelling and erection of porch at 31
Newton Village, Dalkeith, EH22 1SN
File No: 23/00485/DPP
Scale:1:500 ±
Appendix A
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Page 1 of 5
Fairfield House 8 Lothian Road Dalkeith EH22 3ZN  Tel: 0131 271 3302  Fax: 0131 271 3537  Email: planning-
applications@midlothian.gov.uk
Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid.
Thank you for completing this application form:
ONLINE REFERENCE 100584547-003
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
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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
31 NEWTON VILLAGE
Ross
Midlothian Council
McPhee
NEWTON
Newton Village
DANDERHALL
31
DALKEITH
EH22 1SN
EH22 1SN
Scotland
669487
Danderhall
331774
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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)
Extension to flatted dwelling and erection of porch at 31 Newton Village, Dalkeith, EH22 1SN
We seek a review of the Planning Authority's decision as in this particular instance we feel that the reasons provided for refusal
are, in our opinion unjustified and that the proposals should be approved Planning Permission.
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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 historic drawings
23/00485/DPP
01/09/2023
25/07/2023
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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: 05/11/2023
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FEM Building Design Services Limited. Company Registration Number: SC559338. VAT Number: 286 1690 72.
8 Plantain Grove, Lenzie, G66 3NE. Email: douglas@femdesign.co.uk Tel: 07966 201299
APPEAL TO THE LOCAL REVIEW BODY IN RESPONSE TO REFUSAL OF PLANNING
APPLICATION 23/00485/DPP AT 31 NEWTON VILLAGE, DANDERHALL
We are seeking a review of the refusal of Planning Permission by Midlothian Council for the
rear extension and erection of porch to the above property. We will outline as part of this
appeal that, in this particular instance we feel that the reasons provided for refusal are, in our
opinion unjustified and that the proposals should be approved Planning Permission.
We would initially point out that in the street of Newton Village in which this property is
located only one other Planning application for a single storey rear extension has been
submitted to Midlothian Council. This was for a rear flat roof extension to 65 Newton Village
approved under the Planning reference 17/00333/DPP which we will reference as part of this
appeal.
The first reason for refusal, that ‘The design of the proposed extension is out of character
with and unsympathetic to the character and form of the original building and will detract
from the character and appearance of the host building’ we would suggest is not correct in
this particular case. The street of Newton Village is formed of ‘4 in a block’ flatted properties
which we would suggest aren’t of any significant architectural interest. To use the terms in
the above statement would suggest that we are proposing to harm the architectural integrity
of a building of high design and interest, which we of course, are not. We will refer to the rear
flat roof extension at 65 Newton Village, previously approved by Midlothian Council which is
similar in terms of it’s size to the proposal to which this appeal relates. We cannot agree with
the reasoning that the proposed extension at 31 Newton Village is out of character and
unsympathetic to the original building. The applicant specifically wanted the proposed
extension to be in keeping with the original building hence the specification of render to
match existing and white Upvc windows and doors, also to match existing. During the
Planning application process, the Planning Officer Ms Forteath requested a change in the
design of the extension to introduce a more contemporary look. While we understand that in
some cases it may enhace the design to contrast a contemporary looking extension with the
original building my client did not feel that a contemporary design complimented the original
building. We would argue that the design of the proposed extension would in no way detract
from the character and appearance of the host building and to suggest so would appear to
be more Ms Forteaths personal opinion than any Council policy. We did offer to consider
changing the roof of the proposed extension to pitched construction but Ms Forteath didn’t
feel that this enhanced the application.
The second reason for refusal, that ‘The proposed rear extension will have an overbearing
impact on the outlook of the garden of the neighbouring property at 29 Newton Village with a
detrimental impact on the amenity of the occupiers’ would appear to be unsubstantiated in
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Page 23

FEM Building Design Services Limited. Company Registration Number: SC559338. VAT Number: 286 1690 72.
8 Plantain Grove, Lenzie, G66 3NE. Email: douglas@femdesign.co.uk Tel: 07966 201299
that the form of the approved extension at 65 Newton Village which was previously approved
is very similar to that proposed in this application.
The application previously approved at no. 65 Newton Village includes a new external
extension wall approximately 7100mm long running along the line of the garden boundary.
We would suggest that this sets a precedence of a wall adjacent to the neighbouring garden
which would have the same impact on the amenity of the neighbouring property. As part of
the original design we provided a proposed rear elevation drawing which showed
compliance with the ’45 degree rule’ in that the proposed extension would not impact on the
daylight to the property at no. 29 Newton Village. The property at no. 29 Newton Village has
a substantial rear garden. It should also be noted that there were no objections to the
proposal during the Planning process.
Reason 3 for the refusal decision which is ‘For the above reasons the proposals are contrary
to the aims of policies 14 and 16 of NPF4 which presume against poorly designed
development and development which has a detrimental effect on neighbouring properties
and DEV 2 of the adopted Midlothian Development Plan 2017 which seeks to protect the
character and amenity of the built up area’ is, in our opinion unjustified in this particular case
due both to the precedence set of the rear extension at no. 65 Newton Village and also that
the area in which the extension is proposed is not of any particular architectural value. NPF4
Policy 14 refers to 6 ‘qualities’ those being, Healthy. Pleasant, Connected, Distinctive,
Sustainable, Adaptable. To try and adapt these ‘qualities’ to a small rear extension to a
property of the nature at 31 Newton Village is somewhat.
In summary, we feel that what we initially viewed as a reasonably straightforward Planning
approval (suggestion reinforced by the previous approval at 65 Newton Village and
numerous similar rear extensions throughout Midlothian) has been refused following a
subjective view of the Case Officer rather than a council or national policy.
The proposed extension would in no way have any detrimental impact upon the property
itself, it’s immediate neighbours or the surrounding neighbourhood. We would request that
that the information contained in this statement be carefully considered to allow a
satisfactory outcome for my clients.
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Refusal of Planning Permission
Town and Country Planning (Scotland) Act 1997
Reg. No. 23/00485/DPP
F.E.M Building Design
8 Plantain Grove
Lenzie
Glasgow
G66 3NE
Midlothian Council, as Planning Authority, having considered the application by Mr and Mrs
Ross and Lisa McPhee, 31 Newton Village, Danderhall, EH22 1SN, which was registered
on 25 July 2023 in pursuance of their powers under the above Acts, hereby refuse
permission to carry out the following proposed development:
Extension to flatted dwelling and erection of porch at 31 Newton Village, Dalkeith,
EH22 1SN
In accordance with the application and the following documents/drawings:
Document/Drawing. Drawing No/Scale Dated
Location plan and existing floor plans
and elevations
23/McPhee/PP/001(-)
1:1250 1:200 1:50
25.07.2023
Location plan and proposed floor plans
and elevations
23/McPhee/PP/002(-)
1:1250 1:50
25.07.2023
The reasons for the Council's decision are set out below:
1. The design of the proposed rear extension is out of character with and
unsympathetic to the character and form of the existing building and will detract from
the character and appearance of the host building.
2. The proposed rear extension will have an overbearing impact on the outlook of the
garden of the neighbouring property at 29 Newton Village with a detrimental impact
on the amenity of the occupiers.
3. For the above reasons the proposals are contrary to the aims of policies 14 and 16
of NPF4 which presume against poorly designed development and development
which has a detrimental effect on neighbouring properties and DEV 2 of the
adopted Midlothian Local Development Plan 2017 which seeks to protect the
character and amenity of the built-up area.
Appendix C
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Page 25

Dated    1 / 9 / 2023 
……………………………..
Duncan Robertson
Lead Officer – Local Developments 
Fairfield House, 8 Lothian Road, Dalkeith, EH22 3ZN 
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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
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MIDLOTHIAN COUNCIL
DEVELOPMENT MANAGEMENT 
PLANNING APPLICATION DELEGATED WORKSHEET:
Planning Application Reference: 23/00485/dpp
Site Address: 31 Newton Village, Dalkeith
Site Description:
The application property comprises a ground floor flat within a four in a block
building, and its associated garden, located within a residential area.  The building is
finished externally in drydash render with a painted blockwork base course and has
white upvc window frames at the application property and a slate hipped roof.  There
is a flat roof garage within the back garden of the application property with a footprint
measuring 6.1m by 3.8m.
Proposed Development:
Extension to flatted dwelling and erection of porch
Proposed Development Details:
It is proposed to erect a porch extension at the front of the property measuring 2m
deep and 3m wide with a monopitch roof.  It is also proposed to erect a single storey
flat roof extension at the rear of the property measuring a maximum of 6.3m deep
and a maximum of 5.4m wide.  External materials are to match existing.  The
submitted pans indicate the removal of the existing garage from the back garden.
Background (Previous Applications, Supporting Documents, Development
Briefs):
History sheet checked.
22/00553/dpp - Extension to flatted dwelling and erection of porch at 31 Newton
Village – refused 05.09.22 on grounds of design, overdevelopment, and impact on
neighbour and as being contrary to development plan policy.
Further to refusal of planning permission the agent contacted the Planning Authority
and was advised that an alternative scheme would need to address the reasons for
refusal. 
In relation to policy 1 of NPF4 the agent has advised: where possible materials will
be sustainable and sourced locally; consideration will be given to the use of bee and
nest bricks and where required local trades will be used.
Consultations:
None required.
Representations:
None received.
Relevant Planning Policies:
Appendix D
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Planning policy currently comprises National Planning Framework 4 and the adopted
Midlothian Local Development Plan 2017. The following policies are relevant to the
proposal: 
NPF4 
Policy 1 Tackling the climate and nature crises
When considering all development proposals significant weight will be given to the
global climate and nature crises. 
Policy 14 Design, quality and place
a) Development proposals will be designed to improve the quality of an area whether
in urban or rural locations and regardless of scale. 
c) Development proposals that are poorly designed, detrimental to the amenity of the
surrounding area or inconsistent with the six qualities of successful places, will not
be supported. 
Policy 16  Quality homes
g) Householder development proposals will be supported where they: 
i. do not have a detrimental impact on the character or environmental quality of the
home and the surrounding area in terms of size, design and materials; and 
ii. do not have a detrimental effect on the neighbouring properties in terms of
physical impact, overshadowing or overlooking. 
h) Householder development proposals that provide adaptations in response to risks
from a changing climate, or relating to people with health conditions that lead to
particular accommodation needs will be supported. 
The relevant policy of the Midlothian Local Development Plan 2017 is; 
DEV2 – Protecting amenity within the built-up area - seeks to protect the character
and amenity of the built-up area. 
It is noted that policy DP6 House Extensions, from the now superseded 2008
Midlothian Local Plan, set out design guidance for new extensions requiring that they
are well designed in order to maintain or enhance the appearance of the house and
the locality. The policy guidelines contained in DP6 also relate to size of extensions,
materials, impact on neighbours and remaining garden area. It also states that front
porches to detached or semi-detached houses are usually acceptable provided they
project less than two metres out from the front of the house. It also allowed for novel
architectural solutions. The guidance set out within this policy has been successfully
applied to development proposals throughout Midlothian and will be reflected within
the Council’s Supplementary Guidance on Quality of Place which is currently being
drafted. 
Planning Issues:
The main planning issue to be considered is whether or not the proposal complies
with the development plan policies and, if not, whether there are any material
planning considerations which would otherwise justify approval.   
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Given that recently published building regulations require increased insulation in
house extensions, which helps reduce heat loss and can reduce energy
consumption in the home, along with the measures outlined by the agent, the
proposed development will contribute to addressing the global climate crises. The
proposed development will not exacerbate the global nature crises. Therefore the
proposed development complies with the aims of policy 1 of NPF4.
Extensions to the fronts of houses are generally approved if they are small and
sympathetically designed; in these cases the existing character of the individual
house and of the street scene is retained. The majority of such extensions are front
porches, a main purpose of which is to give added protection to the entrance door to
the house, and usually these do not project more than 2 metres from the front wall of
the original house.
The size of the porch has been reduced since the previously refused scheme.
Whilst the porch will still be quite a prominent feature at the front of the building it will
not appear overly dominant on the principal elevation or in the street scene. The
porch will not have a significant impact on the amenity of neighbouring properties.
The submitted plans are annotated that the roof of the porch is to be covered in
concrete tiles. It is the usual practice of the Planning Authority to require matching
materials on extensions in order that they integrate better with the existing building
rather than appearing stuck on. Should planning permission be forthcoming a
condition should be attached requiring slate on the roof of the porch to match the
existing roof covering on the building.
As stated above further to refusal of planning permission for the previous scheme
the agent contacted the Planning Authority and was advised that an alternative
scheme would need to address the reasons for refusal. The rear extension has not
been amended since the previously refused scheme. The flat roof design of the
rear extension is unsympathetic to the character of the existing building and neither
does it constitute a high quality example of contemporary design. The extension is
not well designed and will detract from the character of the original building.
Whilst the existing garage is to be removed from the back garden there will be quite
a small back garden area remaining after the erection of the extension. However
whilst this is a flatted property the permitted development regulations for
dwellinghouses allow for extensions which cover 50% of rear gardens and the rear
extension falls within this site coverage criterion.
Set off the boundary the extension will not have a significant impact on the amenity
of the occupiers of the first floor flat at no. 32.
The proposed extension will be a dominant feature with an overbearing impact as
viewed from the garden of the neighbour at no. 29. It will also be very prominent to
the outlook of a kitchen door at the rear of no. 29 but not so prominent from the
kitchen window at the rear. The extension will not have a significant impact on
sunlight to the flatted dwelling at no 29. It will impact on sunlight to the rear garden
of no. 29 in the morning however not to a significant extent as compared to the
existing situation. The extension fails the standard 45o daylight test to the glazing on
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the kitchen door at no 29 however satisfies the same test to the larger kitchen
window. 
Recommendation:
Refuse planning permission 
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Appendix E
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Page 32

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