Agenda Document Pack - Midlothian Council - 01/04/2025
Midlothian Council · 1 April 2025
Back to Midlothian Council — 1 April 2025 and its agenda
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Notice of Meeting and Agenda Midlothian Council Venue: Council Chambers/Hybrid, Midlothian House, Dalkeith, EH22 1DN Date: Tuesday, 01 April 2025 Time: 11:00 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 222
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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 Deputations No items for discussion 5 Minutes 5.1 Minute of the Council meeting of 25 February 2025 4 - 27 5.2 Minute Volume Index 28 - 29 5.3 Action Log 30 - 38 6 Questions to the Council Leader No items for discussion 7 Motions 7.1 Feasibility Study for Bridge Infrastructure 39 - 39 8 Public Reports 8.1 Lasswade High School Childcare Service Consultation – Executive Director Children, Young People and Partnerships 40 - 45 8.2 Intake Figures and Reserved Places for Primary and Secondary Schools Session 2025/2026 – Executive Director Children, Young People and Partnerships 46 - 82 8.3 Midlothian School Uniform and Clothing Policy – Executive Director Children, Young People and Partnerships 83 - 90 8.4 Mobile Phone Use in Midlothian Secondary Schools – Executive Director Children, Young People and Partnerships 91 - 95 Page 2 of 222
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8.5 Midlothian Local Development Plan 2017 – Delivery Programme – Chief Officer Place 96 - 216 8.6 CCTV Phase 1 Upgrade – Chief Officer Place 217 - 222 Exclusion of Members of the Public (A) TO CONSIDER RESOLVING TO DEAL WITH THE UNDERNOTED BUSINESS IN PRIVATE IN TERMS OF PARAGRAPH 9 OF PART 1 OF SCHEDULE 7A TO THE LOCAL GOVERNMENT (SCOTLAND) ACT 1973 - THE RELEVANT REPORTS ARE THEREFORE NOT FOR PUBLICATION; AND (B) TO NOTE THAT NOTWITHSTANDING ANY SUCH RESOLUTION, INFORMATION MAY STILL REQUIRE TO BE RELEASED UNDER THE FREEDOM OF INFORMATION (SCOTLAND) ACT 2002 OR THE ENVIRONMENTAL INFORMATION REGULATIONS 2004. 9 Private Reports 9.1 Police Scotland & Midlothian Council Funding Model 2025/2026 and Antisocial Behaviour – Executive Director Place 9.2 Waverley District Heat Network – Consultation – Executive Director Place 9.3 Incident Management – Building Standards – Chief Officer Place 9.4 Sporting Event 2027 – Executive Director Place 10 Date of Next Meeting The next meeting will be held on Tuesday 13 May 2025 Page 3 of 222
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Minute of Meeting Midlothian Council Tuesday 1 April 2025 Item No 5.1 Midlothian Council Date Time Venue Tuesday 25 February 2025 11:00 am Council Chambers, Midlothian House/Hybrid Present: Provost McCall (Chair) Deputy Provost Bowen (Deputy Chair) Councillor Parry (Council Leader) Councillor Cassidy (Deputy Council Leader) Councillor Alexander (virtual) Councillor Curran Councillor Drummond Councillor Imrie Councillor McEwan Councillor McKenzie Councillor McManus Councillor Milligan Councillor Pottinger (virtual) Councillor Russell Councillor Scott Councillor Smaill Councillor Virgo Councillor Winchester Religious Representatives: Anne-Theresa Lawrie In attendance: Dr Grace Vickers, Chief Executive Kevin Anderson, Executive Director Place Fiona Robertson, Executive Director Children, Young People and Partnerships Morag Barrow, Director of Health and Social Care: Midlothian Health and Social Care Partnership, Chief Officer to Midlothian Integrated Joint Board Page 4 of 222
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Fiona Clandillon, Head of Development Nick Clater, Head of Adult Services, Chief Social Worker David Gladwin, Chief Financial Officer / Section 95 Officer Saty Kaur, Chief Officer Corporate Solutions Derek Oliver, Chief Officer Place Alan Turpie, Legal and Governance Manager/Monitoring Officer Magnis Inglis, Principal Officer, Workforce, Policy, and Pupil Placements Gary Thomson, Senior Finance Business Partner Gillian Cousins, Communities Officer Hannah Forbes, Democratic Services Officer Louise Middleton, Democratic Services Officer Maria Perez, Democratic Services Officer Janet Ritchie, Democratic Services Officer Nicola Thorburn, Democratic Service Officer 1. Welcome, Introductions and Apologies The Chair, Provost McCall, welcomed everyone to the meeting. The Chair advised that the meeting was open to the public and would be webcast live. There were no apologies submitted. The Chair passed on the sad news that Mary Stalker, who was Penicuik’s First Citizen of the Year, died last month. Mary Stalker was well known for her successful campaign in keeping Ladywood Leisure Centre open, was an employee of Midlothian Council and a Home Help for over 20 years. The Chair congratulated Midlothian Council’s Ageing Well Coordinator, Vivian Wallace, who was awarded a Member of the Most Excellent Order of the British Empire (MBE) in the King’s New Year’s honours list. The Chair congratulated Lorna Greig of Roslyn who was awarded an MBE for her work with the Brownies in Loanhead, where she has been involved for 50 years. The Chair congratulated William Lumsden of Dalkeith who was awarded an MBE for his service to the Scottish whisky industry. The Chair thanked Donald Cameron, one of Midlothian Council’s Environmental Health Officers, who will be retiring in March with 40 years’ service to the Council. 2. Order of Business The order of business is as per the agenda. Page 5 of 222
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3. Declarations of interest Councillor Milligan declared an interest in Item 9.5 on the Private Agenda and said that he will leave the meeting at that point. 4. Deputations No deputations. 5. Minutes of Previous Meetings Item No. Report Title Submitted by: 5.1 Minute of Midlothian Council Meeting of 17 December 2024 Executive Director Place Outline and Summary of Discussion The Minute of the Meeting of Midlothian Council held on the 17 December 2024 was submitted for approval. Councillor Smaill raised concerns regarding the response from the Member of Parliament (MP) in relation to the £20m commitment to Mayfield, made by the Prime Minister in 2024. Councillor Smaill asked the Council Leader to respond to the letter to ensure a review of the entitlement of Mayfield to £20m. The Council Leader confirmed they have met and written to the MP for Midlothian and agreed to continue to search for funding that could be committed for Mayfield and Midlothian. The Council Leader agreed to write to the MP again to encourage them to contact Westminster regarding funding for Mayfield. Elected Members raised an item from the action log, the surveys for Education were to be presented to the Business Transformation Steering Group (BTSG) and Elected Members have yet to have sight of these. Elected Members stated that they are being asked to support a capital spend in an area unsupported with all the information required to make a decision. The Executive Director Place confirmed building condition surveys for Primary Schools, Secondary Schools and the non- education estate have been completed. The Executive Director Place advised that the principle in terms of the education estate is to move those properties in category C to category B and this is reflected in the Capital Plan paper on the agenda later today. In relation to capital spend work, this is still being analysed and can be provided, and the costings are within the Capital Plan paper today. The Executive Director Place confirmed that all spreadsheets will be shared with Elected Members. Councillor Parry moved to approve the Minute of the Meeting of Midlothian Council of 12 November 2024, seconded by Councillor Virgo. Decision The Council approved minute of the meeting of 12 November 2024. Page 6 of 222
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Action Share all relevant spreadsheets, surveys and information in relation to the Capital Plan with Elected Members – Executive Director Place Council Leader to write to MP about the funding for Mayfield – Councillor Parry Item No. Report Title Submitted by: 5.3 Minute Volume Index Executive Director Place Outline and Summary of Discussion The Minute Volume Index was submitted for approval. The Minute Volume Index was moved by Councillor Parry and seconded by Councillor Virgo. Decision Council approved the Minute Volume Index. Item No. Report Title Submitted by: 5.4 Action Log Executive Director Place Outline and Summary of Discussion The Action Log was submitted for noting. Elected Members highlighted action number 12 and asked for an update on the search for a site to accommodate Gorebridge High School. The Executive Director Place advised this remained a work in progress. A suitable site was originally being sought within the Gorebridge cluster area, but this had now been expanded to Gorebridge in totality. A further update would be presented by the end of June. Elected Members emphasised the need to identify a site as there was currently a lack of High School capacity, and this situation would only get worse. Elected Members also highlighted the need to keep the community updated on the progress of work and asked for an update to be brought back to June Council and the Executive Director agreed. Elected Members thanked the Chief Executive for the work on action number 17 which related to exploring options for polling places and ensuring sufficient disability access at polling stations. Decision Council noted the Action Log. Action Page 7 of 222
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The Executive Director Place will provide an update on identifying a site for Gorebridge High School by the end of June. 6. Questions to the Leader of the Council None. 7. Motions Item No. Report Title Submitted by: 7.1 Labour Group Representatives on Committees and Working Groups Councillor Imrie Outline and Summary of Discussion Councillor Imrie moved an addendum that Councillor Drummond would like to withdraw from the Dean Tavern Trust and will be replaced by Councillor Bowen subject to agreement. The Legal and Governance Manager/Monitoring Officer advised that a vote for a replacement member would be required. The replacement was agreed by 14 Elected Members. The notice of motion was moved by Councillor Imrie and seconded by Councillor Milligan. Decision Council approved the motion. Item No. Report Title Submitted by: 7.2 Response to Storm Eowyn Councillor Parry Outline and Summary of Discussion The notice of motion was proposed by Councillor Parry and seconded by Councillor Milligan. Councillor Parry explained this motion was to acknowledge the exceptional response by Midlothian Council staff and emergency service partners following Storm Eowyn on 24 January 2025 where wind speeds of up to 119mph were recorded at Hillend. Staff provided essential services, responding to fallen trees and power cuts, and continued to deliver services to Midlothian Council’s most vulnerable residents. Councillor Parry also thanks the staff working behind the scenes to deploy resources and ensure residents were kept informed with up-to- date communications. Page 8 of 222
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Elected Members agreed staff carried out a great job and that this was an opportunity to get feedback on joint working and information sharing and look at any learning opportunities Midlothian Council could gain. The motion was moved by Councillor Parry and seconded by Councillor Milligan. Decision Council approved the motion. 8. Reports Report No. Report Title Submitted by: 8.1 Financial Monitoring 2024/25 – General Fund Revenue Chief Financial Officer & Section 95 Officer Outline and Summary of Discussion The Chief Financial Officer/Section 95 Officer presented the report for noting. The purpose of this report is to provide Council with information on projections of performance against service revenue budgets in 2024/25 and to provide commentary on areas of material variance against budget. The budget performance figures as shown in appendix 1 result in a projected net overspend of £2.168 million which is a slight improvement of £0.032 million from projections at quarter 2. The projected overspend represents 0.7% of the revised budget. Some areas of projected overspend relate to recurring areas of financial pressure or slower than planned delivery of savings measures. The Corporate Management Team have discussed these in depth and, where possible, put in place recovery actions. The projection of the General Fund balance at 31st March 2025 is £20.965 million, of which £13.126 million is earmarked for specific use leaving a non-earmarked General Fund balance of £7.839 million. Decision Council noted the report and its recommendations. Report No. Report Title Submitted by: 8.2 Housing Revenue Account Revenue Budget 2024/25 – 2025/26 and Capital Plan 2024/25 – 2027/28 Chief Financial Officer & Section 95 Officer Outline and Summary of Discussion The Chief Financial Officer/Section 95 Officer presented the report for noting and approval. Page 9 of 222
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The purpose of the report is to provide Council with a summary of expenditure and income to the end of quarter 3 in 2024/25 for the Capital Plan and a projected outturn for both the Revenue Account and Capital Plan for 2024/25 and Capital Plan and Revenue budgets for 2025/26 and indicative budget. The projected financial performance for 2024/25 is: • Capital Investment in the year totalling £47.459 million; • A net overspend of £0.049 million on the Revenue Account; • A projected HRA general reserve at 31st March 2025 of £35.094 million. The HRA Capital Plan 2025/26 – 2027/28 provides for: • £108.605 million for Phases 3-5 of New Build Social Housing; • £19.5 million for Housing-led Town Centre Regeneration; • £41.145 million for investment in Energy Efficiency Standards in Social Housing; and £27.134 million for other investment in existing stock and off- market purchases. The Revenue Budget Reflects: • An update of the multi-year financial model prepared in line with the Social Housing Investment Plan (SHIP); • A 4.8% rent increase as approved at Council 21st February 2023; • A projected HRA Reserve of £35.094 million at 31st March 2025, which will be required to finance the majority of approved investment commitment and is projected to reduce to £1.880 million at 31st March 2040. Council is recommended to: • Approve the Housing Revenue Account (HRA) Capital Plan for 2025/26 (appendix D); • Approve the HRA Revenue Budget for 2025/26 (appendix E); • Note the indicative HRA Revenue and Capital Budgets for 2026/27 and 2027/28 as detailed in appendices D and E; and otherwise • Note the remaining contents of this report. Elected Members noted the strong stability from the last report whilst noting the rising number of applicants on the housing waiting list. Elected Members advised that they had visited a new build property and were concerned around the specifications of new homes. Elected Members noted that there was little storage space provided, and attic hatches had been locked, with the reason stated that this was due to the insulation. Elected Members were concerned this suggested a lack of trust in tenants to use spaces appropriately and would like a paper on these issues for a future Council meeting. Elected Members also raised concern about the installation of air source heat pumps and requested a report showing comparison costs of utility bills when using gas, electricity or heat pumps and a true analysis on the impact on tenants who may be worried about rising costs. Page 10 of 222
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Elected Members queried the number of Housing Officers in comparison to housing stock levels. Elected Members felt an increase in staff within the Housing Service would better serve staff and tenants and asked that a report be brought to Council on Housing Service staffing. The Executive Director Place noted all points raised and will prepare the reports requested. Elected Members raised concern about the projected numbers, whilst Midlothian Council is growing in stock the amount allocated to administration and management is flat for the period 2027/28. There is concern that general repairs will fall back this year and Elected Members asked if a sensitivity analysis should be carried out to look at adverse trends and if they eat into projections. The Chief Financial Officer/ Section 95 Officer clarified the administration and management costs are direct staffing costs that can appropriately be charged to the revenue account. The slight increase is due to inflation in staffing costs. The report was moved by Councillor McKenzie and seconded by Councillor Curran. Decision Council approved the report and its recommendations. Action Prepare a paper for Council detailing the reasons why attic hatches are locked in new build Council properties – Executive Director Place Prepare a report regarding the installation of air source heat pumps, showing comparison costs of utility bills when using gas, electricity. - Executive Director Place. Add in the Housing Officers staffing level report and also to the Action Log please Report No. Report Title Submitted by: 8.3 General Services Capital Plan 2024/25 Quarter 3 Monitoring and 2025/26 to 2028/29 Budgets Chief Financial Officer/Section 95 Officer Outline and Summary of Discussion The Chief Financial Officer/Section 95 Officer presented the report for approval. The purpose of the report is to provide Council with:- • An update of the GSCP incorporating information on further additions to the Capital Plan for approval • Information on the projected performance against budget for 2024/25 Page 11 of 222
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• Forecast expenditure and income for the GSCP for 2025/26 through to 2028/29 • Update on the Capital Fund It is recommended that Council: a) Note the inclusion of the projects listed in Section 3.1 in the General Services Capital Plan (GSCP); b) Approve the addition of the new projects to the GSCP, as outlined in Section 3.2; c) Note the forecast outturn for 2024/25 for expenditure, funding and borrowing as outlined in Section 4; d) Note the planned expenditure and funding levels in the GSCP for 2024/25 to 2028/29 (as outlined in Section 5 and shown in Appendices 1 and 2), prior to reaching a financially sustainable outcome from the Capital Plan Prioritisation exercise. Elected Members agreed to move the recommendations and welcomed the building of a primary school and modular unit for Roslin Primary School. Elected Members highlighted the need for clearer communication with the public on the plan for Midlothian House as soon as possible. Elected Members also reiterated the need to have full sight of the Capital Plan to assist in the decision-making process in terms of more critical projects. The report was moved by Councillor Parry and seconded by Councillor Virgo. Decision Council approved the report and its recommendations. Report No. Report Title Submitted by: 8.4 Treasury Management and Investment Strategy 2025/26 & Prudential Indicators Chief Financial Officer/Section 95 Officer Outline and Summary of Discussion The Chief Financial Officer/Section 95 Officer presented the report for approval. This report was taken to Audit Committee on 24 February 2025 and the main discussion points were: • Support for relaxation of the current strategy for cash back reserves: • Concerns over growing economic uncertainty in borrowing costs: • Concern over extent of borrowing required. • Concern over the impact of cash back reserves on availability of cash in an emergency situation. After discussion the Audit Committee were content to support the report as presented. Page 12 of 222
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The Chief Financial Officer/Section 95 Officer explained that the 2024/25 strategy was approved by Council on 27 February 2024 and an update was presented to Council on 17 December 2024. Today’s report contains one material change to the existing strategy which is to move from fully cash back Council reserves to a position of greater borrowing to allow deferral of longer term borrowing to a time where interest rates are forecast to reduce. Elected Members are also asked to increase the authorised limit to external debt of £605m, reflecting borrowing requirements to the end of financial year 2025/26. Section 3 of the report provides an update on the position from 2024/25 which is in line with the report from December 2025. The Council’s borrowing requirement, based on existing capital plans, sits at £433m to the end of financial year 2028/29. In order to provide flexibility and borrowing at the best rates available previous strategies provided an authorised limit for external debt for the current, and next 4 financial years and Council approved a recommended change to that practice for 2023/ 24 and 2024/25 given current challenges. The Chief Financial Officer/Section 95 Officer recommends continuing with that whilst Council works through financial strategies. Section 5 covers prudential indicators to demonstrate the Council’s Capital Plans are affordable and sustainable. Section 6 cover the repayment of loan fund advances. It is recommended that Council: a) Approve the restriction of the Authorised Limit to the value of the Capital Financing Requirement at 31 March 2026 (£604.957 million), pending finalisation of the General Services Capital Plan Prioritisation; b) Note that there are no other material changes proposed to the Treasury Management and Investment Strategy (TMIS) for 2025/26 from the strategy currently in place, other than:- i. to no longer fully cash back the Council’s useable reserves – instead, to run down cash balances to support the deferral of borrowing as outlined in Section 4, to allow the Council to navigate past the current interest rate hump; and ii. to update the Prudential Indicators (Section 5 and Appendix 2), to reflect the revised capital plans; c) Note the use of the Asset Life method for the repayment of all loans fund advances as outlined in Section 6; and d) Accordingly approve the Treasury Management and Investment Strategy for 2025/26. Elected Members approved the recommendations and highlighted that the treasury management performance of Midlothian Council has been fantastic and congratulated the team who continue to work hard for excellent results. Elected Members queried if Midlothian Council were going to consider the Environment, Social and Governance (ESG) aspect at some point. The Chief Financial Officer/Section 95 Officer explained the ESG impact was quite complex in terms of understanding how individual banks use the money Midlothian Council puts Page 13 of 222
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out on deposit. Midlothian Council relies on the assessment from external ethical advisors, and while the Chief Financial Officer/Section 95 Officer agreed some evolution on ESG needed to happen, they were content with assessment from external guidance. Elected Members reiterated again the need for information and sight of the Capital Plan. The Executive Director Place confirmed information has been shared with Elected Members including dashboards, workstreams and dilapidation surveys and they will issue further information to Elected Members as soon as possible. The report was moved by Councillor Parry and seconded by Councillor McEwan. Decision Council approved the report and its recommendations. Report No. Report Title Submitted by: 8.5 Scottish Local Authorities Remuneration Committee - Recommendations Chief Officer, Corporate Solutions Outline and Summary of Discussion The Chief Officer, Corporate Solutions presented the report for decision. The purpose of the report is to update on the outcome of the Scottish Local Authorities Remuneration Committee review and the regulations that will be laid down by Scottish Government from 1 April 2025. It is recommended that Council: • Note that Scottish Government propose to set down regulations in relation to pay and banding changes to take effect from 1 April 2025 • To note that as of 1 April 2025, Midlothian will move from a Band A Council (for the purposes of Councillor Remuneration) to a Band B Council • To determine if Council should appoint an additional two Senior Councillors from 1 April 2025 (as per paragraph 3.7). • To determine if the payments to the Civic Head and Senior Councillors remain as per the existing % relative to the Council Leader salary (as per paragraphs 3.9 and 3.10). The Chief Officer, Corporate Solutions noted an error in the last recommendation and noted the Civic Head is set in regulations and is not determined by Council. Councillor Parry moved the report with the amendment that Senior Councillors remain at 8 and pay is set at 75% of the Council Leader’s salary, seconded by Councillor Milligan. Page 14 of 222
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Decision Council approved the report and its recommendations. Report No. Report Title Submitted by: 8.6 Fees and Charges Chief Officer, Corporate Solutions Outline and Summary of Discussion The Chief Officer, Corporate Solutions presented the report for decision. The purpose of the report is to provide Council with the proposed fees and charges table for 2025/26 for consideration and approval. It is recommended that Council: • Agree to the implementation of the new, revised and frozen charges as outlined within the report (and the associated policy changes for new and revised charges) from 1 April 2025; and • Note the final agreed fees and charges register will be published on the Council’s website. The Chief Officer Corporate Solutions noted a change in section 3.33 and Elected Members were asked to note that the individual learning accounts from Skills Development Scotland no longer exist, but reassured Elected Members there are concessionary rates for those on benefits, including pensioners and help is provided for those who cannot afford to pay in lump sums by paying in instalments and if people meet the No One Left Behind criteria, courses can be funded through that. Councillor Parry moved the recommendations, and this was seconded by Councillor Virgo. Decision Council approved the report and its recommendations. Report No. Report Title Submitted by: 8.7 Medium Term Financial Strategy Chief Financial Officer/Section 95 Officer Outline and Summary of Discussion The Chief Financial Officer/Section 95 Officer presented the report for decision. The purpose of the report is to provide Council with the budget position for 2025/26 to allow discharge of their statutory duties to set a balanced budget for 2025/26. The report also provides budget projections for financial years 2026/27 through to 2028/29 and planning assumptions for future Council Tax increases. Council is recommended to: Page 15 of 222
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a) Note the key messages in the Accounts Commission Local Government Financial Bulletin 2023/24 b) Note the position relating to Scottish Government funding for Councils in 2025/26 and the associated grant settlement for Midlothian Council. c) Approve a 5% uplift in Foster Care Fees for 2025/26 and agree the principle of an automatic annual uplift in line with pay inflation d) Approve an allocation to Midlothian Integration Joint Board (MIJB) for 2025/26 of £71.086 million in respect of delegated services (subject to final confirmation of the distribution of Scottish Government Funding) e) Approve the 2025/26 base budget as shown in table 6, sections 3.30–3.35 and detailed in appendix C. f) Approve prioritisation of Transformation Blueprint work as outlined in section 3.40. g) Approve savings as outlined in sections 3.42 to 3.44 h) Approve a 10% increase in Council Tax rates for 2025/26 (sections 3.46- 3.47). Council Tax bandings are shown at appendix B. i) Approve indicative Council Tax increases of 9% in 2026/27, 8% in 2027/28 and 5% in 2028/29 (sections 3.46-3.47). j) Approve the utilisation of £4.093 million of earmarked General Fund Reserve to balance the 2025/26 budget (section 3.48) k) Approve that any additional funding provided by the government to support Council financial pressures will be used to displace the use of General Reserves which can subsequently be earmarked to support transformation work (section 3.49) l) Note that the projected budget gap over the life of the Medium-Term Financial Strategy (MTFS) through to 2028/29, assuming Council support all recommendations in this paper, is £8.891 million m) Note that a further MTFS report with updated financial projections with a specific focus on progress with Transformation Blueprint work and the General Services Capital Plan will be presented to Council on 24th June 2025. n) Otherwise, note the remainder of the report. Elected Members agreed the Council’s financial challenge remains, but it has been vastly reduced with more money from Scottish Government for public services. It was noted that Midlothian Council is the fastest growing Council in Scotland and as such the Council will have higher costs for this financial year and next. Elected Members confirmed the rate for Council Tax in Midlothian Council will rise by 10% in the next financial year and residents will expect the Council to prioritise views on this basis. Residents who took part in consultations told Midlothian Council they wanted to retain leisure centres and for community resources to remain open. Residents also wanted investment in roads and green spaces, so Midlothian Council have increased the budget for these in the next financial year. Residents requested investment in Health & Social Care and, whilst Midlothian Council’s allocation to the Integrated Joint Board remains high, this will still need careful monitoring as there remains a funding gap. Midlothian Council have also invested in uplifting foster care allowance for the second year in a row. Elected Members considered it important to note the combined % of National Insurance increase and net costs, increased budget to Adult Social Care, increased budget to roads and landscape amount to 9.5% just for those ring-fenced budgets. Residents will be paying more but Midlothian Council are delivering more however Page 16 of 222
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the Council are spending more than received and this will mean further efficiencies and methods to generate income may be required. Consideration will be given to commercial services, for example if there are low numbers at leisure centres, consideration may be given to reducing opening hours. Elected Members noted the public interest and petitions to save leisure centres and swimming points and emphasised that Midlothian Council are of the same principle and encouraged members of the public to use the facilities available to them. Elected Members also highlighted the cooperation between Group Leaders and Trade Unions within Midlothian Council and were grateful for the collegiate nature. Councillor Parry moved the recommendations in advance of an anticipated amendment relating to the saving proposal for Lets and Charges for After School Clubs and added an additional recommendation to incorporate the anticipated costs from that, and from the previous paper to be drawn from reserves. Elected Members agreed the financial position is difficult, the Scottish Government settlement reduced the budget deficit, and this was further reduced by some other costs including yield from packaging tax. However, a number of additionalities were introduced and the floor payment, as fastest growing authority in Scotland, still required Midlothian Council to hand back the equivalent of 3% or £1.9m to provide stability. It was also noted that whilst the Integrated Joint Board funding is very generous there remains a risk of not covering underspend fully. Elected Members referenced item 3.40, the Transformation Blueprint Work on Income Generation. Elected Members requested that all the income generation ideas that were brought forward as savings proposals are rolled into a Transformation Programme and, as a Council, we recognise the importance of looking into these ideas of the Council making more money rather than cutting services, introducing services to bring in more income to help mitigate the imbalance between the 22% rise in Council Tax over the last 10 years versus the 54% rise in inflation. Elected Members asked that all income generation is pulled together into a programme and the Council identify appropriate resourcing to realise, in its initial stage, business cases for each of those plans to bring forward to Council to determine whether Council go ahead with those or not so that when it comes to next year budget decision Elected Members have that information to hand. Councillor Virgo requested an amendment to 3.43, Lets and Charges for After School Clubs. Whilst understanding the reasons behind this Elected Members considered it critical to highlight that the 35% variance move from 85% subsidy to 50% subsidy is a 300% increase in rents for providers of after school clubs and this could be catastrophic for some providers. Councillor Virgo asked if this could be phased to allow for prudent planning and communication and recommended 10% this year, with expectation of further movement in further years, with engagement with providers and noting the impact this change will have on the sustainability of providers. Councillor Virgo confirmed 10% this year with the variance in MTFS covered from reserves at this time. The Chief Financial Officer/Section 95 Officer clarified that the savings proposal was £171k, the recommendation reduces that to £41k so adding £131k to the budget Page 17 of 222
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which is to be funded from reserves. The Legal and Governance Manager/Monitoring Officer confirmed the Leader of the Council accepted the changes to the motion. Elected Members suggested writing to the Scottish and Westminster Government asking for additionality noting that even with 10% increase in Council Tax the Integrated Joint Board still has a £2.5m budget gap. Councillor McManus confirmed he has written to the Cabinet Secretary to highlight the difficulties faced with the Integrated Joint Board and that they would circulate that letter to Elected Members Councillor Parry moved the recommendations, and this was seconded by Councillor Virgo. Decision Council approved the report and its recommendations. Action Circulate letter to Group Leaders that was sent to the Cabinet Secretary to highlight the difficulties faced with the Integrated Joint Board to Elected Members – Councillor McManus Council Leader to write to UK and Scottish Governments about the pressure increased National Insurance employer contributions are having on the budget and Integrated Joint Board pressures – Councillor Parry Report No. Report Title Submitted by: 8.8 Audit Committee Recruitment of an Independent Member Chief Internal Auditor Outline and Summary of Discussion The Chief Officer Corporate Solutions presented the report for decision, highlighting that it had been approved at Audit Committee on 24 February 2025 with no changes. Council is recommended to: • Approve the change to the Scheme of Administration for the Audit Committee to recruit for 2 Independent Committee Members. • Approve the change to the Scheme of Administration for the Audit Committee members to appoint a permanent Committee Chair from within all Audit Committee members. • Approve the permanent move to specifying the Audit Committee meeting schedule of 4 meetings a year, whilst still allowing additional meetings to be scheduled. Page 18 of 222
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• Approve the introduction of a payment of a fee of £200 per Committee attended for each Audit Committee up to a maximum of £1,000 per annum for Independent Audit Committee members. The Chair thanked the Chief Officer Corporate Solutions for the report and opened for questions. Councillor McEwan moved the report and thanked the Audit Committee and Officers for their work. The report was seconded by Councillor Smaill. The Legal and Governance Manager/Monitoring Officer advised that two of the recommendations involve a change to the Scheme of Administration, which forms part of the Standing Orders. Standing Order 3.2 notes that 10 Elected Members must approve the amendment and therefore asked Council for a show of hands in favour of the change. Decision 17 Elected Members voted in favour of the amendment to the Scheme of Administration and Council approved the report and its recommendations. Report No. Report Title Submitted by: 8.9 Standing Orders Working Group update and schedule of meeting dates 2025/2027 Chief Officer Corporate Solutions Outline and Summary of Discussion The Chief Officer Corporate Solutions presented the report for decision, which includes updates to the Standing Orders, the proposed meeting schedule for the next two academic years and the agreed process for the recording of private items of meetings of Council and its Committees. Council is recommended to: • Approve the updates to the Standing Orders which includes changes to reflect the proposed process for recording private items (subject to approval of the next recommendation below). • Approve the process for recording of private items as set out in paragraph 3.4 and 3.5 and in doing so agree that the Standing Orders and Scheme of Administration are updated. • Approve the schedule of meetings dates for 2025/26 and 2026/27. The Chair thanked the Chief Officer Corporate Solutions for the report and opened for questions. The report was moved by Councillor Smaill and seconded by Councillor Virgo. Elected Members asked about the General Data Protection Regulation (GDPR) implications of recording private items on MS Teams. The Legal and Governance Page 19 of 222
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Manager/Monitoring Officer advised that GDPR is only applicable where personal information is involved and should only be retained as long as necessary. Elected Members asked if there were any barriers in keeping the recordings indefinitely, and if this would align with the Council’s data retention policy. The Legal and Governance Manager/Monitoring Officer advised that once the minute is approved at the next meeting, the minute becomes the official record of the meeting. After that point the recording would no longer be required and should be deleted in line with the retention schedule. Elected Members requested that the retention period for the recording is amended to 12 months. The Legal and Governance Manager/Monitoring Officer and Chief Officer Corporate Solutions advised that if that is what the Council deem necessary then there are no issues in retaining the recording for 12 months. The Legal and Governance Manager/Monitoring Officer advised that Standing Order 3.2 notes that 10 Elected Members must approve the amendment and therefore asked Council for a show of hands in favour of the change. Decision 16 Elected Members voted in favour of the amendment to the retention period and Council approved the report and its recommendations. Report No. Report Title Submitted by: 8.10 UK Shared Prosperity Transition Funding 2025/26 Executive Director - Children, Young People and Partnerships Outline and Summary of Discussion The Executive Director Children, Young People and Partnerships presented the report for decision, which seeks Council’s agreement to approve the continuation of delegated authority to Executive Directors to allocate funding to projects for UK Shared Prosperity’s transition year of funding 2025/26. Council is recommended to: • Delegate authority to the Executive Director Place and Executive Director Children, Young People and Partnerships in their role as Chair of the UK Shared Prosperity Fund Board to allocate UK Shared Prosperity transition funding 2025/26 in line with funding conditions. • Agree that an update on the UK Shared Prosperity transition funding 2025/26 will be brought back to Council at a future date. • Note outcomes of the UK Shared Prosperity Fund 2022-25 programme. The Chair thanked the Executive Director Children, Young People and Partnerships for the report and opened for questions. No questions were submitted. Page 20 of 222
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The report was moved by Councillor Parry, and they asked that Directors implement this decision swifty to avoid any further delays and impact to the third sector. The report was seconded by Councillor Cassidy. Decision Council approved the report and its recommendations and amendment. Report No. Report Title Submitted by: 8.11 Use of Glyphosate Update Report Chief Officer Place Outline and Summary of Discussion The Chief Officer Place presented the report for decision, requesting permission from Council for the Recycling and Greenspace service to apply glyphosate to control weeds from the beginning of March 2025. Council is recommended to approve an expansion of the time period with which glyphosate can be applied, in order to improve the visual appearance of the local environment in the public realm across Midlothian. The Chair thanked the Chief Officer Place for the report and opened for questions. Elected Members noted their disappointment, and concerns from the public, at having to use glyphosate again this year but also appreciate that it is necessary to keep Midlothian beautiful. Elected Members are satisfied that the way the Environmental Team use the glyphosate is direct and not on food sources. It is hoped that there will be a reduction next year following the great work of the Greenspace and Environmental Team. The report was moved by Councillor Alexander and seconded by Councillor Cassidy. Decision Council approved the report and its recommendations. Report No. Report Title Submitted by: 8.12 Standards Commission Decision Legal and Governance Manager/Monitoring Officer Outline and Summary of Discussion The Legal and Governance Manager/Monitoring Officer presented the report for decision, advising that in terms of Section 18 of the Ethical Standards in Public Life etc. (Scotland) Act 2000 and Rule 10.9 of the Standards Commission Hearing Rules, the Council requires to consider, within three months, the terms of a written decision issued by the Standards Commission for Scotland. Page 21 of 222
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Council is recommended to consider the decision of the Standards Commission in relation to complaint reference LA/Mi/4131. The guidance issued by the Standards Commission on 26 September 2024 confirms that all Elected Members can participate in this discussion regardless of their involvement in the hearing. Elected Members have no right to appeal against this decision but can comment should they wish. The Chair thanked the Legal and Governance Manager/Monitoring Officer for the report and opened for questions. While unrelated to this hearing, Councillor Parry expressed their disappointment in the process regarding Standards complaints. The timescales to reach a hearing are too long and do not benefit any of those involved. Councillor Parry’s stated that their personal view is that the Standards Commission have a weak record of not taking concerns or complaints in relation to sexual harassment seriously, either during the process or in their findings and outcomes. The Standard Commission often does not demonstrate the principles of its own code and are not fit for purpose. These points have also been raised at the Convention of Scottish Local Authorities (COSLA). Councillor Parry intends to write to the Standards Commission and invite them to meet with her to explain and discuss how they can make both process and outcomes better. If Group Leaders or other Elected Members would like to attend, Councillor Parry would welcome them to that meeting. Councillor Parry closed by adding that the Elected Members in the Chamber are good people, and that is disappointing when they are all tarnished with bad publicity. Decision Council decided to note the report and its recommendations. The public part of the meeting ended at 13:42. 9. Private Exclusion of Members of the Public In view of the nature of the business to be transacted, the Committee agreed that the public be excluded from the meeting during discussion of the undernoted item, as contained in the Addendum hereto, as there might be disclosed exempt information as defined in paragraphs 6,8 and 9 of Part I of Schedule 7A to the Local Government (Scotland) Act 1973:- Page 22 of 222
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Midlothian Council Midlothian House Buccleuch Street Dalkeith Council Leader EH22 1DJ Councillor Kelly Parry Midlothian Thursday 13 March 2025 The Right Honourable Rachel Reeves Chancellor of the Exchequer House of Commons London SW1A 0AA Issued by post and email: rachel.reeves.mp@parliament.uk public.enquiries@hmtreasury.gov.uk Dear Chancellor, Midlothian Council – budget and National Insurance increases I write on behalf of Midlothian Council to express our thanks for the additional funding allocated to Scotland in the recent UK Budget. This much-needed investment will undoubtedly support essential public services and help us address key local priorities for our residents. Your recognition of Scotland’s needs is very much welcomed. However, while this additional funding is positive, we must acknowledge the impact of the increase in National Insurance contributions. This has, in turn, led to rising costs for councils, contributing to an increase in Council Tax for our residents at a time when many are already facing financial pressures. Local government is doing everything possible to mitigate these challenges, but we are concerned about the strain this places on households and our local economy, third sector organisations, commissioned services and businesses. In light of this, I urge the UK Government to consider reversing the National Insurance increase as soon as financial headroom becomes available. A reversal would provide significant relief to both councils and the communities we serve, allowing us to maintain essential services without placing an undue burden on residents. Once again, thank you for your continued support for Scotland. I look forward to your response. Page 23 of 222
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Tel 0131 271 3002 Our Ref: www.midlothian.gov.uk Yours sincerely, Yours sincerely Councillor Kelly Parry Leader of Midlothian Council Kelly.Parry@midlothian.gov.uk Page 24 of 222
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Midlothian Council Midlothian House Buccleuch Street Dalkeith Council Leader EH22 1DJ Councillor Kelly Parry Tel 0131 271 3002 Our Ref: www.midlothian.gov.uk Midlothian Thursday 13 March 2025 Kirsty McNeill MP Member of Parliament House of Commons London SW1A 0AA By email: kirsty.mcneill.mp@parliament.uk Dear Kirsty McNeill Request for the Honouring of Funding Pledges Made During the Election I am writing following the recent meeting of Midlothian Council, where frustrations were again expressed regarding the £20 million commitment pledged by the Prime Minister, Rishi Sunak, during the General Election for Mayfield, Midlothian. As you will be aware, this pledge has not yet been honoured, and understandably, this remains a significant concern for the Council and our local communities. Council has asked me to formally raise this matter with you to seek clarity on the status of this commitment and to explore any possible solutions. In order to avoid the need for repeated correspondence on this issue, I wonder if it might be helpful to arrange a meeting with Midlothian East’s ward Councillors and the Mayfield and Easthouses Community Council. This would provide an opportunity for open discussion and a constructive way forward. I would be grateful if you could advise on your availability for such a meeting at your earliest convenience. I look forward to your response and appreciate your attention to this important matter. Yours sincerely, Yours sincerely Councillor Kelly Parry Leader of Midlothian Council Kelly.Parry@midlothian.gov.uk Page 25 of 222
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Midlothian Council Midlothian House Buccleuch Street Dalkeith Council Leader EH22 1DJ Councillor Kelly Parry Midlothian Thursday 13 March 2025 Shona Robison MSP Cabinet Secretary for Finance and Local Government The Scottish Government By email: dfmcsf@gov.scot Dear Cabinet Secretary, Midlothian Council funding I write on behalf of Midlothian Council to express my sincere thanks for the increase in funding allocated to our council in the recent Scottish Budget. This additional resource has been invaluable in sustaining essential services, delivering for our communities, and allowing us to progress vital projects, including the construction of new schools. Your support has provided much- needed stability at a challenging time for local government. However, I must also highlight the ongoing financial pressures within Health and Social Care. Our commitment to providing a generous allocation to the Integration Joint Board (IJB) reflects the critical nature of these services, but it has contributed to a significant funding gap within our overall budget. Combined with the impact of rising National Insurance contributions, this has unfortunately led to an increase in Council Tax for our residents—something we had hoped to avoid. We remain committed to working constructively with the Scottish Government to address these financial challenges, ensuring we continue to deliver the best possible services for our communities. I would welcome the opportunity to engage in further discussions on how we can collaborate to mitigate the pressures on local government, particularly in the area of Health and Social Care funding. Once again, thank you for your ongoing support and commitment to local services. I look forward to continuing our dialogue on these important matters. Page 26 of 222
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Tel 0131 271 3002 Our Ref: www.midlothian.gov.uk Yours sincerely, Yours sincerely Councillor Kelly Parry Leader of Midlothian Council Kelly.Parry@midlothian.gov.uk Page 27 of 222
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Midlothian Council Minute Volume Presented to the Meeting of Midlothian Council on Tuesday, 01 April 2025 Midlothian Council Tuesday 1 April 2025 Item No 5.2 Page 28 of 222
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1 Minutes of Meetings submitted for Approval No items for discussion 2 Minutes of Meetings submitted for Consideration Approved Minutes for Noting, Information and Consideration of any recommendations contained therein Minute of Cabinet Meeting 5 November 2024 3 - 13 Minute of Audit Committee Meeting 25 November 2024 14 - 24 Minute of General Purposes Committee Meeting 4 February 2025 25 - 37 3 Minutes of Meetings submitted for Information Minute of the Midlothian Integration Joint Board Audit and Risk Committee 5 December 2024 38 - 42 Minute of Midlothian Integration Joint Board Meeting 19 December 2024 43 - 57 Page 29 of 222
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Midlothian Council Tuesday 1 April 2025 Item No 5.3 Midlothian Council Action Log No Date of meeting Item No and Title Action Action Owner Expected completion date Comments 1 21/02/2023 Capital Plan Prioritisation Refer approved Council report to BTSG on additional affordability scope and projects. Executive Director Place a) December 2024 Recommend for closure – revised Capital Plan report approved at Council on 25 Feb 2025 2 19/12/2023 8.4 Non-Domestic Rates Relief Policy Review of policy to be undertaken in 6 months – 1 year. Chief Officer Corporate Solutions No later than April 2025 Report to Council to be submitted with income achieved as part of Q4 financial monitoring 3 26/03/2024 8.4 Midlothian Council Mixed Tenure Strategy Arrange an Elected Member briefing on arm’s length organisations (ALEOs) Executive Director Place Oak Leaf homes option (MMR & Market Rent) included in MTFS 2025/26 proposals Currently scoping option for special purpose vehicle in development and management & maintenance of Mid- Market Rent Page 30 of 222
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No Date of meeting Item No and Title Action Action Owner Expected completion date Comments 4 25/06/2024 8.14 Whitecraig Traveller Site A full cost report to come back to Council for final approval to include early termination cost and reinstatement cost unless the cost for this is nil. Executive Director Place When termination costs are known Align to any action jointly with ELC 5 27/08/2024 8.1 Financial Monitoring 2024/25 General Fund Revenue Report on the better utilisation of expensive machinery, such a used for potholes. Chief Officer Place ASAP Currently under review with the additional MTFS road repairs allocation. 6 27/08/2024 8.3 General Services Capital Plan 2024/25 Quarter 1 Monitoring Provide a final account for clarity to the Elected Members on Hillend Alpine Coaster project costings Chief Financial Officer GSCP Q3 Financial Monitoring report to Council in February. Coaster operational. Final account being concluded and will be reported to members in General Services Capital Plan Q4. 7 27/08/2024 8.3 General Services Capital Plan 2024/25 Quarter 1 Monitoring Report to be presented to Council on a site for Gorebridge High School within six months. Executive Director Place End Feb 2025 Site search in progress – Verbal update at February Council and further update to Council by June 2025. 8 08/10/2024 8.1 Medium Term Financial Strategy Heads of Service to look for additional efficiency savings to bridge the budget gap of .3.4 million on top of the savings already suggested in the public budget consultation. This is to Chief Financial Officer Proposals to be presented in November BTSG Recommend for closure - Medium Term Financial Strategy approved at Council on 25 Feb 2025. Page 31 of 222
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No Date of meeting Item No and Title Action Action Owner Expected completion date Comments be reviewed at November council meeting. 9 12/10/2024 8.2 Housing Revenue Account – Revenue Budget and Capital Plan 2024/25 To provide details of the multi- year HRA financial model to Elected Members. Chief Financial Officer Alongside the next iteration of the Rents Strategy. Current rent strategy final year is 2025/26. A consultation Rent Strategy report will be submitted to Council by October 2025. 10 17/12/2024 5.4 Action Log Letter from the UK Government to be added to the minute of February 2025 Council. Democratic Services Recommend for closure -Letter included in the agenda pack of 25 Feb 2025 11 17/12/2024 7.1 Inclusion of Local Youth and School Parliaments in Council Meetings Consider next steps after motion was approved at December 2024 Council meeting. Standing Orders Working Group/Alan Turpie & Saty Kaur Recommended for closure - discussed at SOWG and on the SOWG Action Log. 12 17/12/2024 7.2 Requirement for approval and additionality of Planning Obligations associated with increasing major developments Referred to Chief Officer Place and Chief Planning Officer to action after motion was approved with amendment at December 2024 Council meeting. Chief Officer Place & Chief Planning Officer Planning Obligations and Developer Contributions scoped into the MLDP2 review and current workshop process with elected members. 13 17/12/2024 8.6 Review of Scheme of Polling Districts and Polling Places 2024 Revisit the use of the Penicuik Centre as a Polling Station and ensure there is sufficient Chief Executive Recommend for closure – There is a lift available at the Penicuik Centre Page 32 of 222
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No Date of meeting Item No and Title Action Action Owner Expected completion date Comments disability access. and no disability access issues have been raised regarding previous polling scheme iterations. However, if members would prefer, a solution has been identified to move the polling stations at the Penicuik Centre from the first floor to the ground floor. This would require the library to close on polling day to accommodate this change. 14 17/12/2024 8.9 Twinning Midlothian Updated Midlothian Council website to include a dedicated page which lets communities know what Twinning activities are taking place. Chief Officer Corporate Solutions 2025 In progress. 15 17/12/2024 8.13 Animal Boarding Establishment Licence Conduct a review on commercial dog walkers, including a review Chief Officer Place 2025 In progress Page 33 of 222
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No Date of meeting Item No and Title Action Action Owner Expected completion date Comments Conditions of any existing policy. 16 17/12/2024 8.15 Capital Plan Prioritisation - Progress Report Arrange a briefing on the Capital Plan for Elected Members, prior to the report being published to Council. Executive Director Place 18 February Recommended for closure - Capital Plan briefing held on 18 February 2025 before February Council meeting. 17 17/12/2024 Private discussion regarding private item (Item 9.1) of Minute of Council Meeting of 12 November 2024 A paper to be brought back to February Council on the recording of private agenda items. Legal and Governance Manager/Monitor ing Officer Recommend for closure Process agreed at Feb Council and implemented 18 25/02/2025 Minute of Midlothian Council Meeting of 17 December 2024 (Item 5.1) Share relevant building condition spreadsheets/ surveys and information in relation to the Capital Plan with Elected Members. Council Leader to write to the MP on the matter of the funding pledges made ahead of the General Election for Mayfield Executive Director Place Council Leader ASAP ASAP Recommend for closure Information circulated on 25 February. Recommend for closure- letter appended to the minute of the Feb meeting 19 25/02/2025 Housing Revenue Account Prepare a paper for Council Executive June 2025 Page 34 of 222
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No Date of meeting Item No and Title Action Action Owner Expected completion date Comments Revenue Budget 2024/25 – 2025/26 and Capital Plan 2024/25 – 2027/28 (Item 8.2) detailing the reasons why attic hatches are locked in new build Council properties – Executive Director Place. Director Place 20 25/02/2025 Housing Revenue Account Revenue Budget 2024/25 – 2025/26 and Capital Plan 2024/25 – 2027/28 (Item 8.2) Prepare a report regarding the installation of air source heat pumps, showing comparison costs of utility bills when using gas, electricity. - Executive Director Place. Executive Director Place June 2025 Page 35 of 222
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No Date of meeting Item No and Title Action Action Owner Expected completion date Comments 21 25/02/2025 Medium Term Financial Strategy (Item 8.7) Circulate letter that was sent to the Cabinet Secretary to highlight the difficulties faced with the Integrated Joint Board to Elected Members – Councillor McManus Council Leader to write to UK and Scottish Governments about the pressure increased National Insurance employer contributions are having on the budget and Integrated Joint Board pressures Councillor McManus Councillor Parry 1st April 2025 ASAP Recommend for closure- Letter circulated Recommend for closure- Both letters appended to the minute of the Feb meeting 22 25/02/2025 Proposed Disposal of Property Asset The Chief Officer Place to provide the exact number of single units in a block of four. Chief Officer Place 1 April 2025 In progress 23 25/02/2025 Capital Plan Prioritisation The Executive Director, Place would provide the details of developer. contributions that have no expiry date at St. David’s Primary School The Executive Director Place 1 April 2025 Recommend for closure - Circulated to members 14/03/2025 24 25/02/2025 Capital Plan Prioritisation The Executive Director, Place would provide the respective timescales for the extension The Executive Director Place 1 April 2025 Mauricewood Primary School refurbishment and expansion result was Page 36 of 222
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No Date of meeting Item No and Title Action Action Owner Expected completion date Comments and refurbishment of Mauricewood Primary School. referenced in the Capital Plan Prioritisation report to Midlothian Council meeting on 25 February 2025. A project is being developed to extend Mauricewood Primary School. The works would include additional classrooms and a Games hall. This is subject to Council approval. Building Condition Surveys completed in 2024 for Learning Estate and also Non- Education buildings. There are concerns regarding the affordability of incorporating these costs into the General Services Capital Plan as they stand, particularly due to the variability of impact from year to year and the loan charges that this would give rise to. Therefore packages of works across the asset portfolio be identified for Page 37 of 222
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No Date of meeting Item No and Title Action Action Owner Expected completion date Comments prioritisation, to smooth these impacts out and enhance its affordability as well as addressing Midlothian Council buildings conditions. A report will then be brought back to Council following the conclusion of this work to seek approval for the incorporation of the prioritised works into the General Services Capital Plan. Page 38 of 222
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Midlothian Council Tuesday 1 April 2025 Item No 7.1 Midlothian Council 1 April 2025 Notice of Motion Feasibility Study for Bridge Infrastructure Council notes that Midlothian is the largest growing Council in Scotland and has a growing demand for infrastructure in Midlothian due to this population growth and enable economic development. Council also notes, some employment opportunities are concentrated in the West of Midlothian, while the East experiences higher levels of deprivation. Council also notes that the geography of Midlothian presents significant challenges for east-to-west connectivity and that the lack of sufficient transport infrastructure and road network between the east and west of Midlothian hinders economic growth, access to services, and social mobility. Therefore, Council believes that improved transport links are essential to supporting economic equality and sustainable development across Midlothian and furthermore, believes that a bridge, or a multiple bridge network, could provide a vital connection between the east and west of the region, improving accessibility for residents, businesses, and public services. The Council notes that a feasibility study is necessary to explore the potential benefits, costs, and environmental impact of such infrastructure. Council resolves to write to the Scottish Government, urging them to provide funding and commence a feasibility study into the construction of a bridge, or bridges, to enhance connectivity between the East and West of Midlothian, and to engage with relevant stakeholders, including Transport Scotland, local businesses, and community groups, to support and inform this proposal. Proposed: Councillor Kelly Parry Seconded: Councillor Russell Imrie Page 39 of 222
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Midlothian Council Tuesday 01 April 2025 Item No 8.1 Lasswade High School Childcare Service Consultation Report by Executive Director Children, Young People & Partnerships Report for Decision 1 Recommendations Council is recommended to approve the following: i. The closure of Lasswade High School Childcare Service from September 2025. 2 Purpose of Report This report advises on the outcome of the statutory consultation on the proposal to close Lasswade High School Childcare Service and seeks approval for the recommendation outlined above. The statutory consultation on the proposal was undertaken in the period from Friday 29 November 2024 to Friday 24 January 2025. The statutory report on the outcome of the consultation was published on 10 March 2025 and provides full details of the process undertaken, representations made and Education Scotland’s report on the proposal. Date: 10 March 2025 Report Contact: Craig Murrin, Business Support Officer, Education Craig.Murrin@midlothian.gov.uk Page 40 of 222
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3 Background 1. The Education (Scotland) Act 1980 places a legislative duty on the Council to make adequate and efficient provision of school education across its area. This duty applies in respect of both the current school population and anticipated pattern of demand. 2. Section 3D of the Standards in Scotland’s Schools etc. Act 2000 (as inserted by Section 2 of the Education (Scotland) 2016 Act) introduces a requirement on education authorities to carry out their duty to ensure the delivery of improvement in the quality of school education which is provided in the schools they manage, with a view to achieving the strategic priorities of the National Improvement Framework. It is, therefore, the duty of the education authority to ensure that the education it provides is directed to the development of the personality, talents and the mental and physical abilities of the children to their fullest potential. 3. In addition, Councils have a statutory duty to secure best value in terms of the Local Government in Scotland Act 2003 by continuous improvement in performance of the local authority’s functions, while maintaining an appropriate balance between quality and cost and having regard to economy, efficiency, effectiveness, equal opportunities and the achievement of sustainable development. 4. At a meeting of Midlothian Council on 25 June 2024, approval was granted for officers to undertake a statutory consultation on the proposal to close Lasswade High School Childcare Service and for a report on the outcome of the consultation exercises to be brought back to council for consideration and a decision. 5. Lasswade High School Childcare Service is located within the Lasswade High School Centre in Bonnyrigg. The Childcare service is registered with the Care Inspectorate to provide a service to a maximum of 15 children aged 0 to those not yet attending primary school. As of November 2024, there were 10 children attending the setting. 6. A review of the service was undertaken by setting management in late 2013 and this was then changed to a childcare setting operating full time places as a funded provider. This change did not require a statutory consultation as the legislative duty to consult on establishing new nurseries and nursery classes was suspended at the time to facilitate the move from 475 to 600 hours of funded early learning and childcare. 7. The childcare service is staffed appropriately as per the Care Inspectorate's regulation for child staff ratios in group based ELC settings. They are supported by the Depute Head Teacher (DHT) of Lasswade High School and in terms of quality an Early Years Principal Teacher (PT). Page 41 of 222
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8. The childcare setting comprises of a main playroom with small kitchen area, children's nappy changing and toilet. There is also direct access to the outdoor play area from the playroom. Children also use other parts of Lasswade High School such as art rooms and the library for additional activities. 9. Midlothian Council officers have carried out an exercise inviting external organisations to note interest in the space to deliver an ELC of Childcare. This and any other potential options will continue to be considered. 10. The statutory consultation on the proposal was undertaken in the period from Friday 29 November 2024 to Friday 24 January 2025. The report on the outcome of the consultation was published on 10 March 2025, Appendix B, and provides full details of the process undertaken, representations made and Education Scotland’s report on the proposal. The report is available on the Council’s Citizen Space Consultation page: https://midlothiancouncil.citizenspace.com/education/lasswade-hscs- consultation 11. The Education Service offered additional consultation sessions over and above the required statutory public meeting. Further information on these sessions can be found in the consultation report section 4. Three members of the public attended the public meeting held in Lasswade High School on Thursday 16 January 2025 at 18:30. 12. A total of 62 responses to the consultation were received during the period of the statutory consultation. 13. 11 responses to the consultation were in favour of the proposal to close Lasswade High School Childcare Service. 14. 51 responses to the consultation were not in favour of the proposal to close Lasswade High School Childcare Service. 15. Education Scotland’s His Majesty’s Inspectors of Education (HM Inspectors) prepare a report in accordance with the terms of the Schools (Consultation) (Scotland) Act 2010 (“the 2010 Act”). The purpose of the report is to provide an independent and impartial consideration of Midlothian Council’s proposal (Appendix C). 16. The Education Scotland report summary states: “HM Inspectors agree that the proposal has educational benefits. These could include the potential for better transition arrangements. Staff may benefit from improved access to leadership from ELC professionals, should they move to provision in a nursery or primary school setting. Children should benefit from appropriate spaces that facilitate the delivery of high quality ELC where they will learn and play with other children at early level. However, there may be potential to achieve this through enhancing the current setting. Should the proposal be approved, the council will need to support staff and families to transition to other provision.” Page 42 of 222
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17. The education service welcomes Education Scotland’s report and should the proposal be approved, will continue to support and engage with families regarding the availability of Early Learning and Childcare settings in the local area. 18. The consultation report was published on 10 March 2025 leaving the required period of at least three weeks for further representations to be made prior to Council’s consideration of the report and its decision regarding the recommendations: i. The closure of Lasswade High School Childcare Service from September 2025. 19. The recommendation of the consultation report is for Council to approve the proposed closure of Lasswade High School Childcare Service. 4 Report Implications (Resource, Digital and Risk) 4.1 Resource 1. The financial implications of closing Lasswade High School Childcare Service within Lasswade High School can be found in Appendix 2. 2. Staff at Lasswade High School Childcare Service would be redeployed and managed in accordance with the Policy for Managing Change (LGWs). A mix of group and individual consultations will be undertaken with recognised Trade Unions and all affected staff in the setting. 4.2 Digital None 4.3 Risk None 4.4 Ensuring Equalities (if required a separate IIA must be completed) An Integrated Impact Assessment has been carried out and published, Appendix D. 4.4 Additional Report Implications See Appendix A. Page 43 of 222
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Appendices Appendix A – Additional Report Implications Background Links Appendix B – Consultation Report, March 2025 Appendix C – Education Scotland Report Appendix D – Integrated Impact Assessment Appendix E – Consultation Proposal Paper, November 2024 Appendix F - Omissions, Corrections & Amendments Page 44 of 222
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APPENDIX A – Report Implications A.1 Key Priorities within the Single Midlothian Plan Not applicable A.2 Key Drivers for Change Key drivers addressed in this report: Holistic Working Hub and Spoke Modern Sustainable Transformational Preventative Asset-based Continuous Improvement One size fits one None of the above A.3 Key Delivery Streams Key delivery streams addressed in this report: One Council Working with you, for you Preventative and Sustainable Efficient and Modern Innovative and Ambitious None of the above A.4 Delivering Best Value The implementation of the recommendation of this report will enhance best value in the delivery of Council services. A.5 Involving Communities and Other Stakeholders This report provides details of the statutory consultation undertaken with communities and all stakeholders regarding the proposal to close Lasswade High School Childcare Service. A.6 Impact on Performance and Outcomes The report does not directly impact on Midlothian Council’s performance and outcomes. A.7 Adopting a Preventative Approach Not applicable A.8 Supporting Sustainable Development Not applicable Page 45 of 222
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Midlothian Council Tuesday 1 April 2025 Item No 8.2 Intake Levels and Reserved Places for Primary and Secondary Schools Session 2025/26 Report by Executive Director Children, Young People and Partnerships Report for Approval 1 Recommendations Council is requested to • approve intake levels for Midlothian schools for academic session 2025/26 and reserve places for incoming catchment pupils; and • delegate authority to the Executive Director Children, Young People and Partnerships to amend the number of reserved places in consultation with the Education Convener should the number of pupils requiring a place at a school significantly increase or decrease. 2 Purpose of Report/Executive Summary This report seeks the Council’s approval to set intake limits and the number of reserved places in both primary and secondary schools to safeguard places for catchment children and young people and to manage placing requests. Date: 1 April 2025 Report Contact: Fiona Robertson, Executive Director (Children, Young People and Partnerships) Fiona.Robertson@midlothian.gov.uk Page 46 of 222
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3 Background 3.1 The Education (Scotland) Act 1980 (as amended by section 33 of the Education (Scotland) Act 1996) allows education authorities to reserve places for incoming pupils into catchment areas of schools. This assists education authorities in managing their schools and prevent them being at capacity at commencement of an academic year and furthermore enabling them to accommodate incoming catchment pupils at their catchment schools when they move into the area during the academic year. 3.2 Section 28A (3A) of the Education (Scotland) Act 1980 (as amended) provides a general principle that, so far as is compatible with the provision of suitable instruction and training and the avoidance of unreasonable public expenditure, pupils are to be educated in accordance with the wishes of their parents. Acceptance of a placing request for a child who is resident outwith the catchment area of a specified school could prevent the education authority from retaining reserved places at a specified school or in relation to any particular stage of education at the school. It is for this reason that the education authority may refuse to grant a placing request that would impact on the ability to reserve places in schools. Reserved places are not allocated to children making placing requests. The places are reserved for children who may move into the catchment area during the academic year. 3.3 Housing developments within Midlothian continue to generate growth in pupil numbers. This, combined with parental placing requests for certain schools means that pupil intake limits are required in order to safeguard places for pupils to be able to attend their catchment school. 3.4 The Council’s approach to pupil placement is to provide a place for every pupil at one of their catchment schools and to grant placing requests for siblings whenever this is possible. Where catchment schools are over- subscribed the pupil placement process reserves places at neighbouring schools to ensure every pupil is afforded the opportunity to attend a local school. 3.5 The following factors are considered for both primary and secondary schools when determining the appropriate number of reserved places that are likely to be required for pupils moving into the catchment area of the school during 2025/26: • The proposed level of capping at the school and number of expected pupils • The Local Development Plan • Current and planned housing developments • Projected school rolls • Projected migration into the catchment area • Information about reserved places from previous years • School capacities • Information known to us, for example, families indicating a move into the area before/after commencement of the academic year • Future planned expansion of the Learning Estate 3.6 Pupil enrolment for the 2025/26 school session is well underway. 1,326 Midlothian primary pupils and 1,194 Midlothian secondary pupils have Page 47 of 222
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been registered to date for the August 2025 intake. This includes 202 who have advised they intend to defer entry to primary school. The legislative deadline for the submission of placing requests is 15 March, and decisions on those requests will be made and communicated by letter to parents/carers at the end of April. To date, 264 placing requests have been received, including 28 from outwith Midlothian, which is a reduction in the requests made last year (302). The Education Appeal Committee will be convened in May and June to consider any appeals received in respect of placing requests which have been refused. Intake limits and Reserved Places Primary Schools 3.7 At the time of writing, the deadline for placing requests had not passed. These and deferrals are still being received and the intake limits and reserved places in this paper are subject to change. The Council is asked to agree a maximum intake level in P1 as set out below. Table 1: Primary 1 non-denominational schools’ intake limits and reserved places August 2025 Non-Denominational Primary Schools P1 intake limit August 2025 Number of reserved places Bilston Primary School 52* 16 Bonnyrigg Primary School 63 3 Burnbrae Primary School 72 3 Cornbank St James Primary School 47 2 Cuiken Primary School 40 2 Danderhall Primary School 66 5 Easthouses Primary School 25 5 Gore Glen Primary School 56 2 Gorebridge Primary School 50 2 Hawthornden Primary School 45 2 King's Park Primary School 75 4 Lasswade Primary School 60 2 Lawfield Primary School 50 2 Loanhead Primary School 25 1 Mauricewood Primary School 56** 8 Mayfield Primary School 47 2 Moorfoot Primary School 14 1 Newtongrange Primary School 56 3 Paradykes Primary School 63 2 Rosewell Primary School 33 5 Roslin Primary School 63 12 Stobhill Primary School 33 2 Strathesk Primary School 54 1 Tynewater Primary School 33 1 Woodburn Primary School 110 4 Total 1288 Page 48 of 222
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*This is a one-year increase in intake beyond the normal intake limit of 49. **This is a one-year increase in intake beyond the normal intake limit of 54. Table 2: Primary 1 denominational schools’ intake limits and reserved places August 2025 Denominational Primary Schools P1 intake limit August 2025 Number of reserved places Sacred Heart RC Primary School 25 2 St Andrew's RC Primary School 25 2 St David's RC Primary School 25 2 St Luke's RC Primary School 25 2 St Mary's RC Primary School 25 2 St Matthew's RC Primary School 10 1 Totals 135 3.8 When considering how to cap school rolls, Midlothian Council, as an education authority, must look at all schools and available resources. The total population of children who require places in schools is considered and, at a local level, how many are within each catchment area. Each school will manage its resources and this is balanced with other schools’ situations to ensure that resources are equitably shared throughout Midlothian, thereby avoiding unreasonable public expenditure. 3.9 The intake at denominational schools will be managed with the application of pupil intake limits and by giving first priority to those who are baptised Roman Catholic. Intake limits will be set in the context of the number of applications from pupils who are baptised Roman Catholic, the availability of suitably qualified teachers and the capacity of all schools serving each catchment area. It is not anticipated that the number of baptised pupils wishing to attend the denominational schools will exceed their intake capacities. Intake Limits and Reserved Places Secondary Schools 3.10 The table below shows the Secondary 1 intake limits and reserved places for August 2025. Table 3: Secondary 1 intake limits and reserved places August 2025 School Name S1 intake limit Number of reserved places Beeslack High School 150 6 Dalkeith High School 220* 17 Lasswade High School 320* 7 Newbattle High School 270 8 Penicuik High School 120 5 St David's RC High School 150 7 Page 49 of 222
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Total 1,230 *The intake limits for Dalkeith and Lasswade have been increased beyond their sustainable limits. The number of pupils will be monitored as the Main Placing Round progresses to see whether the intake limits can be reduced. 3.11 Rolls at the high schools need to be capped to ensure places can be reserved for pupils who may move into the catchment areas. Pupil enrolment will be managed by use of intake limits, proactive management of placing requests and early engagement with parents and schools on the optimal placement of Secondary 1 pupils for August 2025. The intake limits at Dalkeith and Lasswade may need to be reduced to below the sustainable limit in future years to ensure the schools operate within manageable capacity limits. 3.12 Limiting the number of pupils that the school can admit each academic session allows schools to timetable and employ a suitable number of category of teachers. In general, capping will support appropriate and early organisation for schools to meet their pupils’ needs for a high level of education. Capping prevents detrimental impact on pupils’ education and ensures effective and efficient management of resources by the authority. Pupil Placement Guidelines 3.13 Current policy guidelines on Admission to Primary and Secondary Schools are included in Appendix D. Summary 3.14 As in previous years, pupil intake for August 2025 will be assessed regularly through the main placing round process, ensuring effective management of the pupil placement process by taking account of placing requests and reserving places in neighbouring schools to provide places for pupils whose catchment school is over-subscribed. Intake limits based on schools’ capacity will be applied as necessary in order to prevent schools from exceeding their capacity. 3.15 The letters confirming Primary 1 school places and the outcome of secondary placing requests will be issued to parents/carers at the end of April. Page 50 of 222
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4 Report Implications (Resource, Digital and Risk) 4.1 Resource The Devolved School Management scheme sets out how resources are allocated to schools with reference to roll and need. There are no direct resource implications arising as a result of this report. 4.2 Digital There are no direct resource implications for Digital. 4.3 Risk The recent, ongoing, and planned house building in Midlothian is resulting in increased pupil numbers. There is a significant risk that the council will not have a place for every pupil at their catchment school and the Learning Estate Strategy considers this from a strategic perspective. In the short term this risk is mitigated by the application of limits on pupil intake, reviews of placing requests, and, in the case of denominational schools, by giving first priority to those who are baptised Roman Catholic. 4.4 Ensuring Equalities (if required a separate IIA must be completed) This paper informs Council of the impact of managing pupil admissions in line with national and local policy and procedure. IIA not required. 4.5 Additional Report Implications (See Appendix A) See Appendix A Appendices Appendix A – Additional Report Implications Appendix B - Primary School Pupil Census 2024 Appendix C - Secondary School Pupil Census 2024 Appendix D - Policy Guidelines - Admission to Primary and Secondary Schools Page 51 of 222
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APPENDIX A – Report Implications A.1 Key Priorities within the Single Midlothian Plan Key outcome: Individuals and communities have improved health and skills for learning, life and work A.2 Key Drivers for Change Key drivers addressed in this report: Holistic Working Hub and Spoke Modern Sustainable Transformational Preventative Asset-based Continuous Improvement One size fits one None of the above A.3 Key Delivery Streams Key delivery streams addressed in this report: One Council Working with you, for you Preventative and Sustainable Efficient and Modern Innovative and Ambitious None of the above A.4 Delivering Best Value Limiting the number of pupils that the school can admit each academic session allows schools to timetable and employ a suitable number of category of teachers. In general, capping will support appropriate and early organisation for schools to meet their pupils’ needs for a high level of education. Capping prevents detrimental impact on pupils’ education and ensures effective and efficient management of resources by the authority, aligning with Best Value. A.5 Involving Communities and Other Stakeholders This report informs Council of the potential impact on communities arising from pressure on school places. A.6 Impact on Performance and Outcomes The aim of this paper supports the priority to reduce the inequalities in learning outcomes by improving the quality of learning and teaching, leading to raised levels of achievement and attainment, by providing every child with the opportunity to attend school in their local community. A.7 Adopting a Preventative Approach Page 52 of 222
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The Council’s approach to pupil placement adopts a preventative approach by maximising the opportunities for pupils to attend school in their local community. A.8 Supporting Sustainable Development The sustainability issues relating to this report relate to the sufficiency of schools places particularly in areas of housing development, the provision of additional capacity is being taken forward via the Learning Estate Strategy coupled with the School Catchment Review Programme. Page 53 of 222
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Appendix B – Primary Schools Pupil Census 2024 School P1 P2 P3 P4 P5 P6 P7 Roll Bilston Primary School 36 33 29 38 30 26 24 216 Bonnyrigg Primary School 50 58 62 61 59 66 60 416 Burnbrae Primary School 55 62 61 67 78 81 80 484 Cornbank St James Primary School 44 32 54 44 50 44 37 305 Cuiken Primary School 33 27 27 30 31 42 33 223 Danderhall Primary School 72 54 61 67 57 48 50 409 Easthouses Primary School 36 4 8 6 7 6 1 68 Gore Glen Primary School 44 54 45 61 51 50 42 347 Gorebridge Primary School 38 26 57 38 35 56 37 287 Hawthornden Primary School 39 32 43 46 36 32 45 273 King's Park Primary School 70 62 70 81 74 71 65 493 Lasswade Primary School 50 32 56 46 38 53 51 326 Lawfield Primary School 35 31 40 43 47 29 43 268 Loanhead Primary School 14 28 29 25 29 34 29 188 Mauricewood Primary School 45 44 55 50 49 48 39 330 Mayfield Primary School 42 37 37 40 36 35 41 268 Moorfoot Primary School 12 11 9 14 12 13 10 81 Newtongrange Primary School 48 51 51 54 56 51 56 367 Paradykes Primary School 55 54 52 48 52 46 37 344 Rosewell Primary School 31 24 27 27 34 24 21 188 Roslin Primary School 49 47 42 46 50 31 46 311 Sacred Heart RC Primary School 26 23 16 9 18 19 15 126 St Andrew's RC Primary School 21 17 23 17 22 22 25 147 St David's RC Primary School 26 21 26 30 27 29 25 184 St Luke's RC Primary School 16 25 23 28 30 31 27 180 St Mary's RC Primary School 24 26 26 27 27 23 32 185 St Matthew's RC Primary School 6 10 6 11 5 8 6 52 Stobhill Primary School 27 31 27 20 30 31 30 196 Strathesk Primary School 28 25 23 28 25 36 33 198 Tynewater Primary School 22 20 15 19 25 37 20 158 Woodburn Primary School 94 89 83 103 104 92 91 656 Grand Total 1188 1090 1183 1224 1224 1214 1151 8274 Page 54 of 222
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Appendix C – Secondary Schools Pupil Census 2024 School S1 S2 S3 S4 S5 S6 Roll Beeslack Community High School 133 149 144 145 107 78 756 Dalkeith High School 214 191 190 192 153 106 1046 Lasswade High School 310 298 299 300 270 177 1654 Newbattle High School 260 249 258 236 137 77 1217 Penicuik High School 128 130 126 107 105 76 672 St David's RC High School 144 132 149 146 122 108 801 Grand Total 1189 1149 1166 1126 894 622 6146 Page 55 of 222
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Appendix D This Policy is authorised by Council This Policy supersedes Version 13 This Policy was circulated to Public Date of circulation October 2024 For further Information pupil.placement@midlothian.gov.uk Review Date 2025 Midlothian Council Children, Young People and Partnerships – Education Policy Admission to Primary and Secondary Schools. Page 56 of 222
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Page 2 CYPP\EDU\APSS\POLICY\2024 Contents Contents ..................................................................................................................................... 2 Policy statement ........................................................................................................................ 4 Definitions .................................................................................................................................. 4 Policy Content ............................................................................................................................ 5 1.0 PLACING IN SCHOOLS.................................................................................................................. 5 1.1 Legal background ....................................................................................................................... 5 1.2 Denominational Education ........................................................................................................ 6 1.3 Parents/Carers wishing a Gaelic Medium Education (GME) ...................................................... 6 1.4 Children with Additional Support Needs (ASN) ......................................................................... 6 1.5 Home to School Transport ......................................................................................................... 7 1.6 Composite Classes ...................................................................................................................... 7 1.7 Team Teaching ........................................................................................................................... 7 1.8 Children living under shared care .............................................................................................. 8 1.9 Reserved places.......................................................................................................................... 8 2.0 ARRANGEMENTS FOR PRIMARY SCHOOLS ................................................................................... 9 2.1 Registration procedures for entry to primary school ................................................................ 9 2.2 Press advertisements ................................................................................................................. 9 2.3 Contact with parents/carers ...................................................................................................... 9 2.4 Eligibility ................................................................................................................................... 10 2.5 Choosing a school .................................................................................................................... 10 2.6 Access to information .............................................................................................................. 10 2.7 Registration of catchment children ......................................................................................... 11 2.8 Enrolment of catchment children ............................................................................................ 11 2.9 Intake Numbers ........................................................................................................................ 12 2.10 Change of address .................................................................................................................... 12 2.11 Deferred entry to primary school ............................................................................................ 13 Page 57 of 222
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Page 3 CYPP\EDU\APSS\POLICY\2024 2.12 Early admission ........................................................................................................................ 14 3.0 ARRANGEMENTS FOR SECONDARY SCHOOLS ............................................................................. 15 3.1 Eligibility ................................................................................................................................... 15 3.2 Transfer between primary and secondary schools .................................................................. 15 3.3 Primary-secondary liaison ........................................................................................................ 16 3.4 Induction programmes ............................................................................................................ 16 3.5 Registration procedures ........................................................................................................... 16 3.6 Allocation of Catchment Secondary School Places .................................................................. 17 3.7 Intake numbers ........................................................................................................................ 18 3.8 Issue of school handbooks ....................................................................................................... 18 3.9 Press advertisement ................................................................................................................ 18 4.0 Placing Requests for a Non-Catchment Primary or Secondary School .......................................... 18 4.1 Making a placing request for non-catchment Primary and Secondary schools....................... 18 4.2 What will happen when a placing request is made to Midlothian Council? ........................... 19 4.3 Restriction or limitation of places ............................................................................................ 20 4.4 Other relevant factors that may be taken into account .......................................................... 21 4.5 Refusing a placing request ....................................................................................................... 22 4.6 What happens if the Council refuses a request? ..................................................................... 23 4.7 Primary school placing request ................................................................................................ 23 4.8 Secondary school placing request............................................................................................ 23 4.9 Placing Requests for Children with Additional Support Needs ................................................ 24 5.0 Contact Information.................................................................................................................. 25 Implementation ........................................................................................................................ 26 Roles and Responsibilities ..................................................................................................... 26 Related documents .................................................................................................................. 26 Integrated impact assessment ................................................................................................ 26 Risk assessment ...................................................................................................................... 27 Review ...................................................................................................................................... 27 Page 58 of 222
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Page 4 CYPP\EDU\APSS\POLICY\2024 Policy statement This document is the policy for admission to mainstream primary and secondary schools for Midlothian Council. The policy will ensure consistency across all schools and provides information when parents/carers are considering enrolling their child in a Midlothian Council school and/or want to make a placing request. Definitions Composite Class: A class in which there are pupils at more than one stage of the primary school. Denominational Education: Roman Catholic schools in Midlothian. Intake Numbers: The number of pupils to be admitted into a year group as decided by the education service. Mainstream Schools: Classes within schools which meet the needs of the majority of pupils and are not specialist provisions or special schools. Placing Request: A request for a placement in a school which is not the catchment school for the address of the child/young person. Reserved Places: Places reserved for children and young people moving into the school catchment through the year. School Catchment: An area from which children and young people are eligible to attend a local school based on their residential address. Specialist Provisions/School: ASN provisions provide additional support for children and young people who experience complex barriers to learning and development. Midlothian Council also has a 5-18 special school called Saltersgate which supports children and young people with severe and complex and/or medical needs. Team Teaching: Team Teaching is where two teachers teach a class that has more than the maximum number of pupils for that particular stage. Page 59 of 222
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Page 5 CYPP\EDU\APSS\POLICY\2024 Policy Content 1.0 PLACING IN SCHOOLS 1.1 Legal background The admission of pupils to both primary and secondary schools is defined in terms of the Education (Scotland) Act 1980. Key points to note are: • Parents/carers have the right to request admission to the school of their choice; • Such a request must be in writing and is known as a placing request; • The Council has a duty to accede to this request, except in certain circumstances specified in the Act; • The Council has a duty to inform parents/carers of their right to make a placing request and to provide certain prescribed information in order to assist parents/carers in making their choice of school. Catchment areas have been designated for all Midlothian primary and secondary schools. Every residential address has a catchment denominational school and a catchment non-denominational school for both primary and secondary education. The parents/carers of all children known to the Council to be due to enrol for the first time in a primary school or transfer from a primary to a secondary school shall be given information about their catchment school options and notified of their right to request an alternative school. For all other stages, the onus is on the parent/carer to make enquiries regarding alternative school placement for their child(ren). A parent/carer may submit a placing request for their child in a school at any stage. With the fastest growing population of any local authority in Scotland, Midlothian Council continues to prepare to meet future demand in education. As a result, current school catchment areas may change during this period of growth. For information on open or completed school catchment area reviews, please visit the Council’s website at www.midlothian.gov.uk/consultations Page 60 of 222
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Page 6 CYPP\EDU\APSS\POLICY\2024 1.2 Denominational Education In Midlothian all denominational schools are Roman Catholic. A child does not need to be Catholic to enrol in one of our Roman Catholic primary schools or secondary school, but a place is not guaranteed for those not baptised Roman Catholic. Where a Roman Catholic school is oversubscribed priority is given to catchment Roman Catholic children who are baptised, and where parents/carers have provided the baptismal certificate. We do not create additional classes for other children if all baptised Roman Catholic children can be placed. 1.3 Parents/Carers wishing a Gaelic Medium Education Gaelic Medium Education for Midlothian resident pupils is currently provided by the City of Edinburgh Council. Midlothian Council will provide home to school transport for pupils enrolled in Gaelic Medium Education. Currently, parents/carers wishing to have their child/ren educated in the Gaelic Medium should make a placing request for the Gaelic Medium primary school, Bun-sgoil Taobh na Pàirce or the Gaelic Medium Unit at James Gillespie High School in Edinburgh. To apply for a place in either school the parent/carer should complete a placing request form available on the City of Edinburgh Council website. Further information can be found at: www.edinburgh.gov.uk/school- places/gaelic-schools-1/1 Parents/carers can request that the Council carries out an assessment for the need for Gaelic Medium primary education to be provided within the Council area. Further information and an assessment request form are available from the following website: www.gov.scot/Publications/2017/02/1442/downloads 1.4 Children with Additional Support Needs (ASN) In line with legislation, we have a policy of including children with additional support needs in mainstream schools where possible. Some children may be educated in specialist schools/classes. Further information about additional support needs is Page 61 of 222
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Page 7 CYPP\EDU\APSS\POLICY\2024 available from the ASN, inclusion and wellbeing team, whose contact details are given at the end of this document. 1.5 Home to School Transport A pupil may receive free transport if they attend their catchment school and their home address is more than two miles from the school based on the shortest recommended walking route. A pupil may also receive free transport if the Council has placed them in a non-catchment school due to a catchment school being full. From August 2017 pupils resident in Loanhead who make a successful placing request for Secondary 1 at Beeslack High School will also be eligible for free transport. A pupil will not receive free transport if they attend a non-catchment school as a result of a placing request being granted. With the fastest growing population of any local authority in Scotland, Midlothian Council continues to prepare to meet future demand education. As a result, the above maybe subject to consultation, for information on open or completed education consultation, please visit the Council’s website at www.midlothian.gov.uk/consultations. 1.6 Composite Classes Composite classes are part of the normal organisation in many primary schools and can have a maximum of 25 pupils. Age is the main criterion for selecting pupils for composite classes. Normally composite classes will have a minimum of four pupils from each year stage. Please refer to Professional Practice Paper 7 for further guidance. 1.7 Team Teaching Team teaching is where two teachers teach a class that has more than the maximum number of pupils per teacher for that particular stage. Page 62 of 222
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Page 8 CYPP\EDU\APSS\POLICY\2024 The maximum size of a Primary 1 class size is 25, a Primary 2 or Primary 3 class is 30 and a Primary 4, Primary 5, Primary 6 and Primary 7 class is 33 pupils. 1.8 Children living under shared care Where parents are separated the address of the parent in receipt of Child Benefit will determine the address for school enrolment. Where child benefit is not being received, the primary contact on education records will determine the address for school enrolment. If the shared care arrangement is a 50/50 split between the parents, the parents will be asked to provide proof such as a legal agreement. If the Council is satisfied that the care is equally shared, the parents will be given the opportunity to choose which of the catchment schools at which to register. 1.9 Reserved places The Education (Scotland) Act 1996, as amended by the Standards in Scotland’s Schools etc. Act 2000, gives Education Authorities the power to reserve places at schools for children who move into the catchment areas after enrolment has completed. With the level of house building and migration into the authority, Midlothian Council continues to experience pressure on school rolls. After the allocation of places, in accordance with Section 2.8 and 3.6, places will be reserved for children moving into catchment. In the Primary 1 year group, one place per class (and one place per teacher, where team teaching is in place) is reserved for incoming catchment children for the entire school year. In the Secondary 1 year group, one place per 40 pupils is reserved for incoming catchment children for the entire school year. Where there are other considerations, such as house building in certain catchment areas, the number of reserved places may be increased beyond the above ratios. Page 63 of 222
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Page 9 CYPP\EDU\APSS\POLICY\2024 For Roman Catholic schools, reserved places will only be granted to catchment baptised Roman Catholic children. If out of catchment places are granted by an Appeal Committee or a Sheriff, this may result in fewer reserved places being available. 2.0 ARRANGEMENTS FOR PRIMARY SCHOOLS 2.1 Registration procedures for entry to primary school Registration procedures commence at the beginning of November each year. If an applicant’s catchment primary school is subject to a consultation review, they should continue to register their child at that catchment school. Further information on school consultations can be found at www.midlothian.gov.uk/consultations 2.2 Press advertisements In October each year Pupil Placement will place an advertisement in the local press, advising parents/carers of any child eligible to begin primary education that they should, by a specified date, register their child at their catchment school. Registering a child does not automatically ensure that a place will be made available; this will be determined when all information is collated and examined. Parents/carers will be advised that, even if they wish to make a placing request for a non-catchment school, they must first register their child at the catchment school. 2.3 Contact with parents/carers At the same time, Pupil Placement will contact by letter the parents/carers of all children eligible to begin primary education and who receive funded early learning and childcare (ELC) in Midlothian. Head Teachers must ensure school handbooks are updated in time for the registration week in November. Delays in updating the Page 64 of 222
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Page 10 CYPP\EDU\APSS\POLICY\2024 handbook should be avoided as parents/carers are legally entitled to this information. The handbook should be made available on the school website. 2.4 Eligibility Any child whose fifth birthday falls between 1 March in any year and the last day of the following February can start primary school on the first day of the autumn term, (known as the commencement date). An exception to these procedures may be where children who have been admitted to primary education by another authority subsequently become resident in Midlothian. In such cases, the Head Teacher should consult their Quality Improvement Manager before deciding whether to admit the child. 2.5 Choosing a school Pupil Placement will issue information informing parents/carers of their rights to choose a school when they write to the parents/carers of eligible children. Any parent/carer wishing to make a placing request can do so using the online form. It is not essential that parents/carers use the form but they must make the request in writing to the Pupil Placement Section within Children, Young People and Partnerships. It is essential, however, that parents/carers initially register their child at their catchment school. See the later section for information on placing requests. 2.6 Access to information Parents/carers should have access to information about the schools in which they are interested. This will generally be contained in the school prospectus or handbook, copies of which will be available from the school and may be on the school website. In addition, the Council produces guidelines on admission to Midlothian schools called Placing in Schools, which is available on our website at: www.midlothian.gov.uk/placingbooklet Page 65 of 222
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Page 11 CYPP\EDU\APSS\POLICY\2024 2.7 Registration of catchment children Primary Head Teachers may wish to publicise registration arrangements through their own local channels if they feel this is appropriate, so that as many parents/carers as possible are encouraged to register their children at this time. During the registration period Head Teachers should only register those children who are normally resident in their catchment area. Head Teachers should ensure that catchment children are correctly identified; a Council Tax bill, Government Benefit letter, (for example Child Benefit letter), recent utility bill or driving licence is normally adequate proof. If the parent/carer is not liable for Council Tax, two forms of proof of address are required instead of one. If the pupil does not attend an associated early learning and childcare setting or receive funded ELC from a partnership provider, their birth certificate or passport should be seen as well. It is the address of the parent/carer which is relevant; the address of other family members or a child minder with whom the child may occasionally reside is not relevant. A Birth Certificate/Passport is not required if the child attends a Midlothian Council school or Early Learning and Childcare setting or has a place at a private or voluntary Early Learning and Childcare setting/childminder that is funded by Midlothian Council. Military families who do not have proof of address should provide their Assignment Order and their March-In-Date letter. If they are unable to provide these please contact pupil.placement@midlothian.gov.uk for advice. Registration and placing request forms and the facility to upload evidence: www.midlothian.gov.uk/schoolplace. Please note that registration does not guarantee a place at a catchment school. See the earlier section for children living under shared care. 2.8 Enrolment of catchment children The Pupil Placement Team will collate the registration information for each school and use this to determine whether there is sufficient capacity to accommodate all catchment children. Where there is insufficient capacity, priority will be given in the following order: Page 66 of 222
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Page 12 CYPP\EDU\APSS\POLICY\2024 • children who have been prioritised based on exceptional circumstances; • children who are baptised Roman Catholic (Roman Catholic schools); • children who will have siblings attending the school at the same time; • then all remaining catchment children. If there are more children than places available in any category, proximity of home to school will normally be used. A sibling attending ELC at the same time will not be taken into account. Parents/carers will be advised in writing by 30 April, whether they have been granted a place at their catchment school. Those children who have been granted a place will be automatically enrolled at the school. Once the place is offered it will not be withdrawn unless the place was obtained using false information. If a family changes address before the start of the school year they can request a place at their new catchment school. Those who have not been granted a place at their catchment school will have a place allocated at the nearest school within the associated school group with places available. They will be given the option to make a placing request to another school, if they so wish. The pupil will be placed on a waiting list for the catchment school in order of priority and, should a place become available, parents/carers will be contacted by Pupil Placement. 2.9 Intake Numbers Pupil Placement will inform primary school Head Teachers of the number of catchment pupils that will be enrolled and any intake limits that may apply. 2.10 Change of address Children who move or are moving before the start of the school year, will have a place reserved in their non-denominational or denominational catchment school based on their address at the start of the school year. This is subject to places being available and where proof of proposed change of address has been received by 15 March. The Page 67 of 222
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Page 13 CYPP\EDU\APSS\POLICY\2024 place will be allocated provisionally and will not be confirmed until proof has been provided that the move has taken place. For families who are renting, acceptable proof of change of address is a signed tenancy agreement. For families who are purchasing, a letter from a solicitor confirming missives have been concluded is not sufficient to enrol a child. The Council will ask for further proof by way of; a Council Tax bill, Government Benefit letter, (for example Child Benefit letter), recent utility bill or driving licence to accompany the concluded missives letter following the move. If the parent/carer is not liable for Council Tax, two forms of proof of address are required instead of one. Discretion can be used if the parent/carer is due to move a week prior to the new term commencing. In the final two weeks of the summer holidays acceptable proof of proposed change of address for a place to be reserved are; a signed tenancy agreement; written confirmation from the landlord; or a letter from a solicitor confirming missives have been concluded. Military families who do not have proof of address should provide their Assignment Order and their March-In-Date letter. If they are unable to provide these please contact pupil.placement@midlothian.gov.uk for advice. Families residing in accommodation on a temporary basis should contact pupil.placement@midlothian.gov.uk at the earliest opportunity. The Pupil Placement team will provide further information and guidance. 2.11 Deferred entry to primary school Children in Scotland usually start school between the ages of 4 years 6 months and 5 years 6 months old. Children who turn 5 between the start of the school year and the end of February can apply to defer starting primary 1 for a year. Children who are 5 on or before the first day of the school term in August must register with their catchment school. In exceptional circumstances it may be possible to apply for an additional year of ELC. This year is known as a “retained year”. Page 68 of 222
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Page 14 CYPP\EDU\APSS\POLICY\2024 Children who turn 5 after the first day of term in August and before the end of February, these children are entitled to defer entry to school should their parents/carers wish it. They will receive a funded ELC place in Midlothian, either a council, funded provider setting or childminder during that deferred year. If your child attends a setting in another local authority contact them to confirm funding arrangements. Please refer to the deferral policy for more information about the process. Deferred entry to primary school | Midlothian Council. Please note that all children must register at their catchment school for primary 1 even if an application for deferred entry is being made. If you change your mind and want to withdraw a deferral request for Primary 1, you must contact Pupil Placement by 15 March 2025 at pupil.placement@midlothian.gov.uk After this date, the main round of placing decisions will have taken place and there may not be a place available at your child’s catchment school. In these circumstances we may have to seek a place at an alternative primary school. 2.12 Early admission Parents/carers may make a request for early admission to primary school. The Council does not have a duty to educate a child who is not of school age, and it is the professional view of the authority is that early learning and childcare is the most appropriate form of education for these children. The Council has delegated the responsibility of granting early admission to the Executive Director, Children, Young People and Partnerships, but this will only be considered if it can be established that refusal would harm a child’s education in the long term. When applying for early admission, parents/carers should provide evidence to support their case, including written evidence wherever possible. Members of staff should not provide letters of support to parents/carers. There is no right of appeal once a decision has been reached on requests for early admission as the child is not of school age. Page 69 of 222
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Page 15 CYPP\EDU\APSS\POLICY\2024 3.0 ARRANGEMENTS FOR SECONDARY SCHOOLS 3.1 Eligibility Pupils will normally transfer to secondary school at the end of a seven year course of primary education. If, in the opinion of the Head Teacher or other professional advice, there are exceptional circumstances which would make it inadvisable to transfer a child, the appropriate Quality Improvement Manager should be consulted before a final decision is made. Pupils attending a non-denominational primary school will be allocated a place at their catchment non-denominational secondary school. Pupils attending a denominational primary school will be allocated a place at St David’s Roman Catholic High School. If the parents/carers wish to request their other catchment secondary school they should complete a placing request form and return it to the Pupil Placement section. 3.2 Transfer between primary and secondary schools Pupil Placement will provide Head Teachers with details of which school each child will be transferring from/to. Head Teachers of primary schools should ensure that detailed information on each pupil is forwarded to the appropriate secondary school. This information will normally include: • an assessment of the pupil’s attainment in mathematics and language; • comments on ability and attainment in other curricular areas, e.g. science, art, music; • comments on special interests and aptitudes; • an indication of the pupil’s personal attributes and information about their background which may influence their attitude and performance in school work; • the Pupil Progress Records (PPR), updated to the end of the last session of primary education; • the Pupil Profile, which is completed by the pupil. Page 70 of 222
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Page 16 CYPP\EDU\APSS\POLICY\2024 3.3 Primary-secondary liaison Secondary schools will normally have an established liaison programme with their associated primary schools which will include other initiatives to ease the transition between primary and secondary stages. 3.4 Induction programmes Primary schools and their associated and neighbouring secondary schools have established procedures to ensure a smooth transition for all children. This includes transfer of information about each child's progress. Secondary Head Teachers should also arrange for parents/carers and incoming pupils to visit their school at an appropriate time, prior to transfer. Full information on the school should be sent at the start of the summer term to all parents/carers of pupils transferring to the school. Pupils who have submitted a placing request to a non-catchment school are still required to attend their catchment school transition events until a placing request decision has been made. 3.5 Registration procedures All parents/carers of P7 pupils resident in Midlothian, who attend a primary school in Midlothian, will receive written confirmation from Pupil Placement in November that their child has been registered for a place at their catchment secondary school, based on their home address. Places at secondary schools may be limited, so registration does not guarantee a place. Parents/carers will also be advised of their right to make a placing request. See later section for information on placing requests. Midlothian pupils are enrolled in their catchment secondary schools through the transfer of their details from their associated primary schools. Secondary schools need to enrol those pupils whose placing requests have been granted which may include non-Midlothian residents. Page 71 of 222
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Page 17 CYPP\EDU\APSS\POLICY\2024 3.6 Allocation of Catchment Secondary School Places The Council will normally give the highest priority to children living in the catchment area of a school. In the event of a school having more catchment children than places available, priority will be given in the following order: • children who have been prioritised based on exceptional circumstances; • children who are baptised Roman Catholic (Roman Catholic schools only); • children who will have siblings attending the school at the same time; • children who attend an associated primary school; • then all remaining catchment children. If there are more children than places available in any category, proximity of home to school will normally be used. If a place at a catchment school is not available, parents/carers will be offered a place at the nearest Midlothian secondary school to their home address with places available. They will be given the option to make a placing request to another school, if they so wish. The pupil will be placed on a waiting list for the catchment school in order of priority and, should a place become available, parents/carers will be contacted by Pupil Placement. Where there are more pupils in one category, the priority will be based on distance. Once the place is offered it will not be withdrawn unless the place was obtained using false information. If a family changes address before the start of the school year they can request a place at their new catchment school. Those who have not been granted a place at their catchment school will have a place allocated at the nearest school with places available. They will be given the option to make a placing request to another school, if they so wish. The pupil will be placed on a waiting list for the catchment school in order of priority and, should a place become available, parents/carers will be contacted by Pupil Placement. Page 72 of 222
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Page 18 CYPP\EDU\APSS\POLICY\2024 3.7 Intake numbers Pupil Placement will inform secondary school Head Teachers of the number of catchment pupils that will be transferred from primary schools and any intake limits that may apply. 3.8 Issue of school handbooks Head Teachers must ensure school handbooks are updated in time for the registration week in November. Delays in updating the handbook should be avoided as parents/carers are legally entitled to this information. The handbook should be made available on the school website. 3.9 Press advertisement In October each year Pupil Placement will place an advertisement in the local press, advising parents/carers of any Midlothian child eligible to begin secondary education that their child will be automatically enrolled in their catchment secondary school, unless a placing request is made for another school. 4.0 Placing Requests for a Non-Catchment Primary or Secondary School 4.1 Making a placing request for non-catchment Primary and Secondary schools All parents/carers have the right to request a place for their child in a non-catchment school; this is called a placing request. It is the Council’s statutory duty to grant placing requests where there are places available, except in certain circumstances which are set out in The Education (Scotland) Act 1980. If the child is starting Primary 1 or Secondary 1 in August and the parent/carer wants them to attend a non-catchment school, they may make a request by completing a Page 73 of 222
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Page 19 CYPP\EDU\APSS\POLICY\2024 Placing Request. The placing request form is available online at www.midlothian.gov.uk/placing, alternatively a paper version of the form can be obtained from Pupil Placement at pupil.placement@midlothian.gov.uk. If the child is at any other stage of their education parents/carers should contact the Head Teacher of the school of their choice. When a placing request is submitted for a non-catchment school, the Council will ask you to state the reason(s) the request has been made, for example exceptional circumstances. Please note that the Council does not consider childcare arrangements as exceptional circumstances. All our mainstream schools provide for a wide range of additional support needs e.g., dyslexia, ADHD, ASD, hearing or visually impaired. Therefore, you will need to explain why the requested school is the only school able to support your child’s needs. The 2000 Standards in Scotland’s Schools Act states that children should attend mainstream schools, unless there are exceptional reasons not to do so. If the child has additional support needs the right to make a non-catchment placing request includes the right to request a special school or special class. Parents/carers who wish to make this kind of placing request should discuss their choice of school with the child’s lead professional before making their request. 4.2 What will happen when a placing request is made to Midlothian Council? The Midlothian closing date for placing requests to start Primary 1 or Secondary 1 in August is in the preceding December. The Council will advise parents/carers of the closing date in the letters sent out. The Council will still consider a request if it arrives after this date but by 15 March, the national cut-off date. The parent/carer will receive an automatic acknowledgement of their online application. Placing requests received by email or post will receive an acknowledgement within fourteen days of receipt by Pupil Placement. The Council will notify parents/carers of the outcome of all placing request received by 15 March by the end of April. Page 74 of 222
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Page 20 CYPP\EDU\APSS\POLICY\2024 Placing requests received after 15 March will be decided within two months of receipt and parents/carers notified. It is important that placing requests are submitted by 15 March providing all relevant information and supporting documents as exceptional circumstances are not considered for requests received after this date. Assistance in completing a placing request is available through the pupil placement team at pupil.placement@midlothian.gov.uk. The placing request forms for Primary 2 to Primary 7 and Secondary 2 to Secondary 6 can be obtained from Pupil Placement pupil.placement@midlothian.gov.uk. These placing requests will be acknowledged within fourteen days of receipt and a decision made within two months. Members of school staff should not provide letters of support to parents/carers. 4.3 Restriction or limitation of places The Council will give the highest priority to children living in the catchment area of a school. Places remaining after catchment children are enrolled will be available for non- catchment children. Placing Requests Non-catchment placing requests will be granted if there are places available after all catchment children are accommodated and reserved places retained within the agreed intake limit. Additional classes will not be created for non-catchment children. Priority for places Priority will be given to applicants in the following order (catchment and non- catchment): • children who have been prioritised based on exceptional circumstances; • children who are resident in the school’s catchment area and are baptised Roman Catholic (Roman Catholic schools only); • children who are resident in Midlothian and are baptised Roman Catholic (Roman Catholic schools only); Page 75 of 222
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Page 21 CYPP\EDU\APSS\POLICY\2024 • children who are resident in the school’s catchment area who will have siblings attending the school at the same time. A sibling attending an ELC class will not be taken into account; • children who are resident in the school’s catchment area; • children who are resident in Midlothian who will have siblings attending the school at the same time. A sibling attending the an ELC class will not be taken into account; • children who are resident in Midlothian; • children who are resident outside Midlothian and are baptised Roman Catholic (Roman Catholic schools only); • children who are resident outside Midlothian who will have siblings attending the school at the same time. A sibling attending the an ELC class will not be taken into account; • then all other applicants. 4.4 Other relevant factors that may be taken into account Attendance at an associated primary school (for requests in Secondary 1) may be taken into account however it does not guarantee that a request will receive priority or agreement. Children have additional support needs (ASN) if they require support which is different to that provided for other children of the same age. Staff in all schools in Midlothian are skilled in meeting the needs of pupils and all can fully support pupils with a range of additional support needs or those who are experiencing bullying. All schools have transition processes in place to support children starting Primary 1 or Secondary 1, including enhanced transition programmes for children who require more support. When deciding whether to give a child priority on the grounds of exceptional circumstances, the pupil placement team will consider whether the requested school is the only school able to support the child’s needs. If there is more than one placing request in any of the categories listed above, the distance between home and school is measured using streets and/or footpaths by an Page 76 of 222
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Page 22 CYPP\EDU\APSS\POLICY\2024 online mapping site. The distance is measured from the front door of the home address to the closest school gate, this might be the main school entrance or a rear entrance. Once a pupil has completed a proper admission to the school they will not be asked to transfer to another school against the wishes of their parents/carers in order to admit a pupil who has moved into the catchment area. A proper admission is one made under the policy of the Council based on correct information from the parents/carers. Please note that, if a placing request is successful, the child’s place at their catchment school may be allocated to another child. If a parent/carer then changes their mind and wishes their child to attend their preferred catchment school, a place may not be available. 4.5 Refusing a placing request If the Council refuses a placing request a letter will be sent to the parent/carer which gives the reasons for the decision. The Education (Scotland) Act 1980 sets out the reasons why a placing request may be refused. The main reasons are: • an extra teacher would have to be employed; • the Council would have to spend a significant amount to extend or alter the accommodation at, or facilities provided in connection with, the school; • an extra teacher would have to be employed, or additional class formed, at a future stage of the child’s education; • the number of children at the school would exceed the school’s capacity. • to reserve places at the school for children moving into the catchment area; • the order and discipline in the school would be seriously affected i.e. through overcrowding; • the educational wellbeing of pupils at the school would be seriously affected i.e. through overcrowding or exceeding the relevant maximum class size; Page 77 of 222
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Page 23 CYPP\EDU\APSS\POLICY\2024 • the child’s education would be affected because the education at the school requested is unsuitable. 4.6 What happens if the Council refuses a request? If a placing request is refused, the parent/carer has the right of appeal. Appeals must be lodged, in writing, no later than 28 days after the refusal letter being sent. Details of how to make an appeal will be in the refusal letter sent to the parent/carer. In Midlothian appeals are heard by the Education Appeals Committee. The Education Appeals Committee is independent of the Children, Young People and Partnerships Directorate. This is a formal legal process and further information will be sent on receipt of the appeal. 4.7 Primary school placing request If a place at the requested primary school is not available, a place will be reserved at the preferred catchment primary school that the child has been registered at. However, if no place is available at the preferred catchment school, then a place will be allocated at the nearest school within the associated school group with places available. (if the preferred school was a denominational school then a place will be allocated at a denominational school if possible). A waiting list will be formed for the requested school and/or catchment school and, should a place become available, the parent/carer be contacted. 4.8 Secondary school placing request If a place at the requested secondary school is not available, a place will be reserved at the catchment secondary school. However, if no place is available at the catchment secondary school, then a place will be allocated at the nearest Midlothian secondary school to their home address with places available. A waiting list will be formed for the Page 78 of 222
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Page 24 CYPP\EDU\APSS\POLICY\2024 requested school and/or catchment school and, should a place become available, the parent/carer will be contacted. 4.9 Placing Requests for Children with Additional Support Needs The parents/carers of children recorded as having additional support needs also have the right to make a placing request to a special school or a special class. If the Council refuses the request, parents/carers are given a statement of the reasons for the decision. Under the terms of the Education (Additional Support for Learning) (Scotland) Act 2009, if parents/carers have been refused a placing request for a child with a coordinated support plan (CSP), to a special school or a special class, a mediation service is available to families of children with additional support needs, and they have the right to appeal the decision. Appeals are dealt with by the Additional Support Needs Tribunal for Scotland. Details of who to send your appeal to will be in the refusal letter we send you. Page 79 of 222
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Page 25 CYPP\EDU\APSS\POLICY\2024 5.0 Contact Information Our office is closed to the public and the addresses below are for mailing only. ASN, Inclusion and Wellbeing Midlothian Council Children, Young People and Partnerships Fairfield House 8 Lothian Road Dalkeith EH22 3ZG Email: asn.team@midlothian.gov.uk Pupil Placement Midlothian Council Children, Young People and Partnerships Fairfield House 8 Lothian Road Dalkeith EH22 3ZG Email: pupil.placement@midlothian.gov.uk Useful Websites Midlothian Council Website: Midlothian Council Homepage Find a school catchment: Find a school catchment | Midlothian Council Parent Zone Scotland: Parentzone Scotland | Education Scotland Education Scotland: Education Scotland | Education Scotland Page 80 of 222
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Page 26 CYPP\EDU\APSS\POLICY\2024 Implementation The policy will be implemented for the intake from August 2025. The policy will be shared on the Midlothian Council website. School Handbooks should be updated to reflect the revised policy. Roles and Responsibilities The Education Chief Operating Officer for Midlothian Council has overall responsibility for this policy. Related documents Apply for a school place | Midlothian Council Consultations | Midlothian Council Deferred entry to primary school | Midlothian Council Gaelic in schools – The City of Edinburgh Council Gaelic Medium Primary Education: assessment request form - gov.scot Pupil registration and placing requests | Placing in schools booklet (midlothian.gov.uk) Pupil registration and placing requests | (midlothian.gov.uk) Integrated impact assessment All new and revised policies must be subject to an integrated impact assessment to ensure that the Council is compliant with legislation. Page 81 of 222
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Risk assessment An updated policy will ensure that the admissions process remains effective, clear and consistent to meet the enrolment requirements of the children and young people of Midlothian fairly and effectively. This will reflect and incorporate any recent changes to legislation, policies and procedures as well as schools’ circumstances. Review This policy will be reviewed on a two-year cycle with the next review being August 2025 by Children, Young People and Partnerships Page 82 of 222
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Midlothian Council Tuesday 01 April 2025 Item No 8.3 Midlothian School Uniform and Clothing Policy Report by Fiona Robertson, Executive Director Children, Young People & Partnerships Report for Decision 1 Recommendations Council members are asked to note the national policy (September 2024) and approve the expectations for Midlothian schools from August 2025 onwards. 2 Purpose of Report/Executive Summary On 25 June 2024 a motion was heard at Council regarding school uniform and the negative impact that expensive branded items can have on some Midlothian families. The motion was passed and the Executive Director of Children, Young People & Partnerships was asked to notify schools that unbranded uniform should be adopted. This report provides an update on progress made towards this ambition. 07 March 2025 Report Contact: Michelle Strong, Education Chief Operating Officer Michelle.Strong@midlothian.gov.uk Page 83 of 222
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3 Background 3.1 Definition School uniform and clothing is any items of clothing and footwear worn during the school day. This may include traditional items of unform; clothing for PE; clothing for outdoor learning and clothing worn to attend trips activities or occasions during or beyond the school day. 3.2 Legal Context There is no legal requirement for pupils to wear uniform when attending school in Scotland. Schools are encouraged to have a uniform or clothing policy to support pupils to identify with their school and to feel accepted, respected and connected. School uniform can also help to promote attendance, reduce stigma and peer pressure and support safeguarding. The United Nation’s Convention on the Rights of the child is clear that each of our young people have the right to dignity, participation, social justice and the right to belong. School uniform contributes to fulfilment of these rights. Responsibility for school uniform and clothing policy usually sits with individual schools. 3.3 National Guidance In September 2024 Scottish Government published School uniform and clothing in Scotland -Guidance for schools and education authorities. As well as a summary document Scottish Government also released guidance for children and young people (School uniform and clothing information for children and young people) and for parents and carers (School uniform and clothing in Scotland – a resource for parents and carers). The guidance sets out key principles that should underpin uniform and clothing policies and what schools are expected to consider in the development, implementation and review of these policies. Key principles: School uniform and clothing policies should: • be informed by the views of pupils • be informed by the views of parents, carers, teachers and school staff • minimise the cost of school uniform and clothing for families • consider and commit to fair and environmentally sustainable approaches • support an inclusive, welcoming and equitable school culture • promote equality, including recognising specific matters relating to religion and belief, race, disability, sex, sexual orientation, gender reassignment and pregnancy and maternity • eliminate unnecessary barriers to participation and engagement of pupils in school education • apply to all school clothing, including PE and senior phase • recognise the need for practicality, including in relation to weather and seasonal needs Page 84 of 222
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• recognise and build upon current good practice in schools • support and encourage pupils to observe school uniform and clothing policies, while recognising their individual needs, circumstances and identity • continue the position of no legal requirement upon pupils to wear school uniform Branded items of Uniform The national guidance is particularly explicit about branded items of uniform: Schools should not include branded items of uniform as a compulsory part of their policy nor should they specify the style of items of uniform, clothing, or footwear, unless there is a practical reason to do so which would protect the health, safety or wellbeing of pupils and staff. Focus should be on the practicality and suitability of items to allow pupils to actively and safely participate in a range of learning activities, including PE and sport. (School uniform guidance, page 13) Branded items of uniform and PE kit are usually only available to purchase through a specialist supplier and are often more expensive than purchasing generic uniform items. These items may be more difficult to access locally which can create challenges for parents and carers or lead to additional costs. For these reasons, branded items of uniform, including blazers, should not be compulsory nor promoted or encouraged by schools. Instead, branded items should only be included as an optional alternative to generic items of uniform. Schools should carefully consider the inclusion of optional branded items. These considerations should focus primarily on affordability and sustainability, and also take account of equity, inclusion, pupil comfort and practicality. Where schools choose to include optional branded items, they should consider the use of iron -on or sew on as a lower cost alternative as a lower-cost alternative to purchasing branded items of clothing from specialist suppliers. Schools may wish to consider the viability of providing badges at a low cost or other options to limit costs for parents and carers. (School Uniform guidance, page 23) 3.4 Midlothian position Following the motion approved at Council in June 2025, the Parent & Learner Liaison Officer (PLLO) consulted with pupils, parents and school leaders on school uniform policy. This engagement confirmed that across Midlothian we have a range of approaches to school uniform and strong opinions about key elements that schools wish to retain such as P7 leavers hoodies. This feedback combined with the publication of national guidance in September 2024 has helped create expectations for all Midlothian schools but allows for local decision making based on local context. 3.5 Midlothian expectations • All schools should have a school uniform and clothing policy, developed with pupils, parents, and staff, which meets the needs of their pupils and wider school community. • The school policy should reflect national policy in terms of affordability, equality, diversity & inclusion and sustainability. • Schools should ensure their uniform policy is clear and accessible to pupils, parents and carers, and available on the school website and handbook. Page 85 of 222
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• Schools are asked to support families with access to pre-loved uniform and should promote the school clothing grant. • Schools should carefully consider their approach to special occasions, school trips and dress-down days and mitigate any barriers to participation. • Schools should limit the frequency of changes to uniform policy and changes must be agreed through consultation and implemented over a period of time. 3.6 Support for families The cost of school clothing can be challenging for families especially with replacements required throughout the year. There are a range of support available to parents and carers to help them with the cost of school uniform and clothing. The school clothing grant is available to parents and carers who are in receipt of certain benefits. In 2024/25 the grant pays £120 for primary pupils and £150 for secondary school pupils. Parents and carers can apply for this if they feel they meet the criteria. Further details on the Midlothian Council website. Most schools have arrangements in place for pre-loved clothing and uniform. Information about this is available from directly from the school. 4 Report Implications (Resource, Digital and Risk) 4.1 Resource Not applicable 4.2 Digital Not applicable 4.3 Risk Adopting a consistent approach across Midlothian schools will help to promote positive school attendance and sense of belonging. Aligning with non-statutory guidelines will reduce the risk of challenge from families. 4.4 Ensuring Equalities (if required a separate IIA must be completed) Midlothian is committed to equalities and ensuring our obligations in terms of UNCRC. The revised school uniform guidelines will ensure that school policies are developed in conjunction with children, staff and families and that costs are kept to a minimum. 4.5 Additional Report Implications (See Appendix A) See Appendix A Appendices Appendix A – Additional Report Implications Appendix B – Midlothian School Uniform and Clothing Guidance for Schools Page 86 of 222
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APPENDIX A – Report Implications A.1 Key Priorities within the Single Midlothian Plan Insert text here A.2 Key Drivers for Change Key drivers addressed in this report: Holistic Working Hub and Spoke Modern Sustainable Transformational Preventative Asset-based Continuous Improvement One size fits one None of the above A.3 Key Delivery Streams Key delivery streams addressed in this report: One Council Working with you, for you Preventative and Sustainable Efficient and Modern Innovative and Ambitious None of the above A.4 Delivering Best Value Insert text here A.5 Involving Communities and Other Stakeholders Insert text here A.6 Impact on Performance and Outcomes Insert text here A.7 Adopting a Preventative Approach Insert text here A.8 Supporting Sustainable Development Insert text here Page 88 of 222
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Midlothian School Uniform and Clothing Guidance for Schools Legal context School uniform and clothing is the items of clothing and footwear expected to be worn during the school day. This may include traditional items of unform; clothing for PE; clothing for outdoor learning and clothing worn to attend trips activities or occasions during or beyond the school day. Although there is no legal requirement for pupils to wear uniform when attending school in Scotland, all Midlothian schools are expected to have a uniform policy, collaboratively developed and reflective of the local context. There are wide range of well-established reasons for and benefits of school uniform such as supporting pupils to feel connected, reducing stigma and support safeguarding, as well as contributing to the UNCRC right to dignity, participation, social justice and belonging. Guidance On 12 September 2024 the Scottish Government published non-statutory Guidance on school uniform with the overarching ambition to ensure pupil comfort, happiness and freedom to learn alongside removing barriers to participation. https://www.gov.scot/publications/school-uniform-clothing-guidance-schools-education-authorities/ Guidance was also produced for children and young people and for parents and carers. The guidance sets out key principles that schools should consider when developing, implementing and reviewing their school uniform policy. School uniform and clothing policies should: • be informed by the views of pupils • be informed by the views of parents, carers, teachers and school staff • minimise the cost of school uniform and clothing for families • consider and commit to fair and environmentally sustainable approaches • support an inclusive, welcoming and equitable school culture • promote equality, including recognising specific matters relating to religion and belief, race, disability, sex, sexual orientation, gender reassignment and pregnancy and maternity • eliminate unnecessary barriers to participation and engagement of pupils in school education • apply to all school clothing, including PE and senior phase • recognise the need for practicality, including in relation to weather and seasonal needs • recognise and build upon current good practice in schools • support and encourage pupils to observe school uniform and clothing policies, while recognising their individual needs, circumstances and identity • continue the position of no legal requirement upon pupils to wear school uniform Cost School branded/ embroidered items of school uniform from specialist suppliers are generally the most expensive options for parents and carers. The national guidance provides clear statements about the actions that schools and local authorities should try to take to minimise Page 89 of 222
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the cost of uniforms.is explicit about the need for a flexible policy that limits the costs for parents and carers, this includes • Adopt policies that mean all items needed for the year, plus a reasonable number of spares or replacements, can be bought within the amount provided by the School Clothing Grant. • Include generic items that can be bought from a range of suppliers • Use generic colours that are easily available from a range of suppliers • Branded items of uniform and blazers should not be compulsory, nor promoted or encouraged by schools Midlothian position Midlothian Council is committed to reducing the cost of the school day reducing inequality. On 25 June 2024 a motion was heard at Council regarding school uniform and the negative impact that expensive branded items were having on some Midlothian families. The motion was passed and the Executive Director of Children, Young People & Partnerships was asked to notify schools that unbranded uniform should be adopted. Throughout the autumn term the Parent & Learner Liaison Officer (PLLO) consulted with pupils, parents and school leaders on school uniform policy. This engagement confirmed that there are a range of approaches to school uniform across Midlothian and strong opinions about key elements that schools wish to retain. In response to this Midlothian Council has developed a set of expectations for schools that comply with national expectations but allows for local decision making. February 2025 Midlothian expectations: • All schools should have a school uniform and clothing policy, developed with pupils, parents, and staff, which meets the needs of their pupils and wider school community. • The school policy should reflect national policy in terms of affordability, equality, diversity & inclusion and sustainability. • Schools should ensure their uniform policy is clear and accessible to pupils, parents and carers, and available on the school website and handbook. • Schools are asked to support families with access to pre-loved uniform and should promote the school clothing grant. • Schools should carefully consider their approach to special occasions, school trips and dress-down days and mitigate any barriers to participation. • Schools should limit the frequency of changes to uniform policy and changes must be agreed through consultation and implemented over a period of time. Page 90 of 222
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Midlothian Council Tuesday 01 April 2025 Item No 8.4 Mobile Phone Use in Midlothian Secondary Schools Report by Michelle Strong, Education Chief Operating Officer Report for Information 1 Recommendations Council is asked to note the guiding principles for mobile phone use in Midlothian Secondary schools, developed by headteachers in line with non-statutory guidance published in Autumn 2024. 2 Purpose of Report The purpose of the report is to outline the powers that headteachers have to limit the use of mobile phone use in their school to protect the learning experience for all. The report details the guiding principles that secondary headteachers have developed and will implement across Midlothian secondary schools. 07 March 2025 Report Contact: Michelle Strong, Education Chief Operating Officer michelle.strong@midlothian.gov.uk Page 91 of 222
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2 3 Background 3.1 Mobile technology (phones, tablets, watches) are an integral part of the lives of children, young people and families across Scotland. They can be useful tools to enhance learning, communication and social experiences. They can also bring a sense of security for those walking to or from school or engaging in activities after school hours. Mobile devices in school can also bring some challenges in terms of disruption in class as well being used in cases of as bullying and harassment of other pupils or staff. 3.2 Non-statutory guidance was issued to schools in autumn 2024 to encourage respectful and responsible use of mobile phones in schools. The guidance is clear that decisions about mobile phones rests with the headteacher: Scotland’s headteachers are empowered to act in the best interests of their pupils, to support our hard-working teachers to ensure a consistent learning environment is provided to all our pupils in our classrooms. That means empowering headteachers to take the steps they see fit to limit the use of mobile phones in our schools, up to and including a full ban on the school estate during the school day, if that is their judgement. Crucially the decision is one which rests with Scotland’s headteachers, who know their pupils and their staff and who we trust to take the best decisions in the interests of their school communities. 3.3 Midlothian position All Midlothian secondary schools have protocols in place for mobile phone use. The practice differs but is effective for the individual school. Secondary headteachers have worked to develop a set of guiding principles for mobile phone use across Midlothian secondary schools. 3.4 Midlothian Council Principles Mobile Phone Use in Secondary Schools: Guiding Principles and Policy Summary All Midlothian secondary schools have policies in place to support a focused and engaging learning environment, free from the distractions of mobile phone use. This document outlines the guiding principles behind these policies and provides a summary of the key elements of the policies. Guiding Principles ● Focus on Learning Mobile phone use should not disrupt teaching, learning, or student engagement. ● Wellbeing & Safety Reducing distractions and social pressures linked to mobile phone use supports student mental health and academic success. ● Consistency & Fairness The policy applies to all students, ensuring a uniform approach across the school. Page 92 of 222
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● Parental & Staff Partnership Parents, students, and staff must work together to enforce and support responsible mobile phone use. General Policy ● Mobile phones must be switched off and out of sight during class time. ● Phones should be stored in bags, designated storage pouches, or secure locations determined by each school’s individual policy. ● Phones cannot be kept in students’ pockets or placed on desks during lessons. ● Mobile phones may only be used during break and lunchtime unless a teacher instructs otherwise for educational purposes. ● Persistent non-compliance will result in the phone being held centrally during class time, with parental notification. Exceptions ● Certain department (e.g. PE) may have adapted policies based on specific needs. ● Students requiring phone access for medical or wellbeing reasons may keep their device on their person with prior approval. Non-Compliance Procedures Schools will use their behaviour management policies to manage non-compliance. Parental Support Parents and carers are encouraged to support schools by doing the following: ● Refraining from texting or calling students during class times. Urgent messages should be sent via the school office. ● Reinforcing the importance of minimizing distractions for effective learning. Teacher Guidelines To ensure consistent enforcement, teachers should: ● Clearly explain the purpose of the policy to students. ● Avoid physically handling students’ phones—students must place and retrieve their own devices from storage. ● Regularly check that all phones are accounted for in designated storage areas. ● Only allow students to retrieve phones at the end of the lessons. 3.5 Although Primary schools are much less impacted by mobile technology, a set of guiding principles will be developed by primary headteachers for implementation in August 2025. 4 Report Implications (Resource, Digital and Risk) 4.1 Resource Not applicable. 4.2 Digital Not applicable. Page 93 of 222
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4.3 Risk Not applicable. 4.4 Ensuring Equalities (if required a separate IIA must be completed) UNCRC rights of the child permeate the approaches taken by schools in relation to school mobile phone use policy and daily practice. 4.5 Additional Report Implications (See Appendix A) See Appendix A Appendices Appendix A – Additional Report Implications Appendix B – Guidance on Mobile Phones in Scotland’s Schools - Mobile phones: guidance for Scotland's schools - gov.scot Page 94 of 222
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5 APPENDIX A – Report Implications A.1 Key Priorities within the Single Midlothian Plan A.2 Key Drivers for Change Key drivers addressed in this report: Holistic Working Hub and Spoke Modern Sustainable Transformational Preventative Asset-based Continuous Improvement One size fits one None of the above A.3 Key Delivery Streams Key delivery streams addressed in this report: One Council Working with you, for you Preventative and Sustainable Efficient and Modern Innovative and Ambitious None of the above A.4 Delivering Best Value Not applicable. A.5 Involving Communities and Other Stakeholders Stakeholders will be involved in the creation of local policy relating to school uniform. A.6 Impact on Performance and Outcomes It is hoped that by ensuring learners clothing is comfortable and free from barriers they will be able to fully participate in school and learning. A.7 Adopting a Preventative Approach School uniform prevents stigma and creates a sense of belonging. A.8 Supporting Sustainable Development Environmentally sustainable approaches are a key principle for schools to embed in policy. Page 95 of 222
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Midlothian Council Tuesday 1 April 2025 Item No 8.5 Midlothian Local Development Plan 2017 – Delivery Programme Report by Kevin Anderson, Executive Director Place Report for Decision 1 Recommendations Council is recommended to: i. Note the outcome of the public consultation undertaken on the draft Midlothian Local Development Plan 2017 (MLDP) Delivery Programme; ii. Approve the MLDP Delivery Programme (attached to the report in Appendix B); iii. Note the position that a Strategic Environmental Assessment (SEA) is not required as recommended by officers and on the basis that a response has not been received from the Scottish Government SEA Gateway Consultation Authorities on the pre- screening notification for SEA of the draft MLDP Delivery Programme; and iv. Instruct the Planning, Sustainable Growth and Investment Service Manager to: inform the Scottish Government and interested parties of the approval of the MLDP Delivery Programme; arrange for copies to be placed in Council libraries; and for a copy to be placed on the Council’s website. 2 Purpose of Report 2.1 This report asks Council to approve the MLDP Delivery Programme (attached to this report as Appendix B). The Delivery Programme has been amended to incorporate comments received during a public consultation undertaken on a draft version of the document between 20 December 2024 and 14 February 2025. Date: 7 March 2025 Report Contact: Grant Ballantine, Lead Officer Conservation and Environment, Planning, Sustainable Growth and Investment Service grant.ballantine@midlothian.gov.uk Page 96 of 222
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3 Background 3.1 The Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006 and the Planning (Scotland) Act 2019 (hereafter referred to as the Act) and associated Scottish Government’s Local Development Planning Guidance May 2023 (hereafter referred to as the Regulations) requires a Delivery Programme to be prepared in relation to its existing adopted local development plan, the MLDP (not the replacement MLDP2 currently being progressed). The Act and associated Regulations requires the Delivery Programme to be: • Subject to a minimum six-week public consultation; • To be prepared on a biennial basis; • For its production to be led by the Council’s Chief Executive Officer (effectively delegated to the Planning Service); and • For it to be approved by Council (rather than Planning Committee). 3.2 The Scottish Government Chief Planner wrote to all local authority Chief Planning Officers in Scotland in June 2024 setting out the Scottish Government’s expectation that planning authorities should have an adopted Delivery Programme for their local development plan by 31 March 2025 (the Scottish Government has been advised that the Delivery Programme is being reported to Council at its meeting on 1 April 2025 and that the agenda papers are publicly available prior to the 31 March 2025 deadline). 3.3 Delivery Programmes replace Action Plans which were previously required for local development plans. The most current Action Plan for MLDP was approved by the Council in 2021. MLDP Delivery Programme 3.4 This Delivery Programme relates to MLDP and not the ongoing work to produce MLDP2. While work is underway to produce MLDP2, MLDP is the adopted local development plan for Midlothian and remains so until it is superseded. MLDP contains significant development allocations and the policy framework against which planning applications in Midlothian are assessed. The Delivery Programme sets out how the spatial strategy and development allocations are/will be delivered. 3.5 The purpose of a Delivery Programme is to set out how the local development plan’s spatial strategy and development allocations will be delivered. Delivery Programmes must include: • a list of actions required to deliver each of the policies and proposals contained in the local development plan and an explanation as to how those actions are to be taken; • the timescale for the conclusion of each such action; and • the sequencing of, and timescale for, the delivery of housing sites allocated in the local development plan. Page 97 of 222
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MLDP Delivery Programme Public Consultation 3.6 At its meeting of 17 December 2024 Council approved the draft MLDP Delivery Programme for public consultation for a minimum period of six weeks. The public consultation was undertaken over the eight-week period 20 December 2024 to 14 February 2015. In total 10 separate bodies responded, raising 34 points. Appendix B of this report provides a summary of the responses received and a proposed Council response to them. These proposed changes have been incorporated into a final version of the MLDP Delivery Programme for which approval is sought from Council through this report. 3.7 The Planning, Sustainable Growth and Investment Service undertook a targeted public consultation on the draft MLDP Delivery Programme. The document was available on the Council’s website and in Council libraries. The following were directly contacted to inform them of the consultation and encouraged to engage: all Midlothian Community Councils and the Midlothian Federation of Community Councils, those who have registered an interest in MLDP2, Scottish Government, Scottish Government Key Agencies including NHS Lothian, Sportscotland, Pentland Hills Regional Park, Newbattle Abbey College, adjacent local authorities, known owners and promotors of development sites listed in the MLDP, Mineral Products Association Scotland, Network Rail, Homes for Scotland, Midlothian Housing Forum (social housing providers), Hub South East (Scotland) and TWIC (The Wildlife Information Centre). Bodies Who Responded to the Public Consultation 1 Roslin and Bilston Community Council 6 Pentland Plants (Agent: John Handley Associates) 2 Homes for Scotland 7 Midlothian Science Zone Group 3 Barratt-David Wilson Homes (Agent: Lanpro) 8 University of Edinburgh (Agent: Montagu Evans) 4 Cala Management Ltd. and Allanvale Land (Pentland) Ltd (Agent: Stantec) 9 Transport Scotland 5 Lochay Homes (Agent: TMS Planning and Development Services) 10 SEPA 3.8 A variety of comments were received, as set out in the summary in Appendix B of this report. A number of comments relate to pressure on road infrastructure. The house building industry submitted that further housing allocations will be required in MLDP2. In the summary of responses in Appendix B, the proposed Council response sets out these are matters for MLDP2. The Local Housing Land Requirement of 8,851 homes for MLDP2 agreed by Council at its 25 June 2024 meeting was, as reported to Planning Committee on 29 October 2024, accepted by the Scottish Government Reporter from the DPEA (Planning and Environmental Appeals Division) who undertook the Gate Check of the MLDP2 Evidence Report in 2024. Page 98 of 222
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3.9 Internal Council colleagues were consulted in the preparation of the draft MLDP Delivery Programme. 3.10 During the consultation, while working on MLDP2 matters and not submitted as formal submissions, information was provided on behalf of site owners of Additional Housing Development Opportunity sites AHs2 (Burghlee, Loanhead) and AHs3 (Belwood Crescent, Penicuik). Updates to Table 3 in the proposed Delivery Programme in Appendix B of this report have been made to reflect these comments. The updates related to site constraints and status of the land respectively. 3.11 In response to internally received elected member comments, sites identified in previous Midlothian Local Plans (pre MLDP) have been included in the Delivery Programme. Therefore, the Delivery Programme now provides information on all development sites identified in the MLDP - the draft MLDP Delivery Programme had only provided information on new sites allocated through MLDP. 4 Report Implications (Resource, Digital and Risk) 4.1 Resource Where relevant to the Council, the resources required for delivering the spatial strategy of the MLDP are/were identified in the Council’s current/previous Capital Plans. Landowners and developers taking forward development allocations identified in the MLDP are responsible for the relevant resource/investment necessary to implement the relevant planning permissions. 4.2 Digital There are no digital implications from this report. 4.3 Risk The Council is required by Scottish Government to adopt a Delivery Programme for its adopted local development plan by 31 March 2025. Failure to not meet this within a reasonable timescale would result in the Council not meeting this Scottish Government requirement – to mitigate the risk the Scottish Government has been advised that the Delivery Programme is being reported to Council at its meeting on 1 April 2025 and that the agenda papers are publicly available prior to the 31 March 2025 deadline. 4.4 Ensuring Equalities (if required a separate IIA must be completed) An integrated impact assessment (IIA) is not required for this report. The Delivery Programme provides details on the delivery of the spatial strategy of the already adopted MLDP which complied with the relevant equalities requirements in 2017. Page 99 of 222
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4.5 Additional Report Implications (See Appendix A) See Appendix A Appendices Appendix A – Additional Report Implications Appendix B – Background information/Links Page 100 of 222
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APPENDIX A – Report Implications A.1 Key Priorities within the Single Midlothian Plan Delivery of the spatial strategy of the MLDP relates to and supports the delivery of all seven themes of the Single Midlothian Plan 2023-27. A.2 Key Drivers for Change Key drivers addressed in this report: Holistic Working Hub and Spoke Modern Sustainable Transformational Preventative Asset-based Continuous Improvement One size fits one None of the above A.3 Key Delivery Streams Key delivery streams addressed in this report: One Council Working with you, for you Preventative and Sustainable Efficient and Modern Innovative and Ambitious None of the above A.4 Delivering Best Value External work required by the Council to help deliver the spatial strategy of MLDP would be procured following local government procurement rules. A.5 Involving Communities and Other Stakeholders Communities and stakeholders were consulted on the draft MLDP Deliver Programme. Responses received are set out in Appendix B of this report. Internal Council colleagues were consulted in the preparation of the draft MLDP Delivery Programme. A.6 Impact on Performance and Outcomes The MLDP sets out the Council’s adopted spatial strategy. It provides the policy framework against which development proposals and planning applications are assessed. It helps guide the location and form of development in a manner consistent with Scottish Government’s National Planning Framework 4. Page 101 of 222
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A.7 Adopting a Preventative Approach The MLDP policy framework helps assist the Council in resisting development in locations, and in forms, it considers inappropriate and/ or undesirable and consequently helps prevent unacceptable impacts on communities and the environment. A.8 Supporting Sustainable Development The spatial strategy and policy framework of the MLDP seek to promote sustainable development, while accommodating the strategic development requirements that were placed on the Council at the time of its production. A Strategic Environmental Assessment (SEA) was undertaken as part of the production and adoption of MLDP. The Council had sent a pre-screening notification to the Scottish Government SEA Gateway setting out why it did not consider an SEA necessary or appropriate for the MLDP Delivery Programme. Reference was made to an SEA having already been undertaken on the MLDP. No response was received, and the Council is proceeding on the basis no SEA is necessary for the Delivery Programme. APPENDIX B Background Papers Reports on the MLDP Draft Delivery Programme were presented to Planning Committee at its meetings of 29 October 2024 and Council at its meeting of 17 December 2024. Documents Contained in Appendix B i) Summary of public consultation responses received on MLDP Draft Delivery Programme ii) The Midlothian Local Development Plan 2017 Delivery Programme 2025- 2027 Page 102 of 222
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Appendix Bi Summary of Public Consultation Responses Received on Midlothian Local Development Plan 2017 Draft Delivery Programme 2025-2027 (Public consultation undertaken between 20 December 2024 and 14 February 2025) No. Respondent Document Section Requested Changes or Comments Midlothian Council Proposed Response 1 Roslin and Bilston Community Council Table 6, Water and Drainage, Roslin WwTW (Table 6 is now Table 8 in the updated Delivery Programme document in Appendix B of the Council report) 1.1: Considers a firm date for delivery of the Roslin Waste Water Treatment Works growth project is required. Modify Document: Final document to reflect latest information from Scottish Water on timing of Roslin WWTW project. Table 6, Education and Table 7, Education (now Tables 8 and 9 respectively in the updated Delivery Programme document in 1.2: Seeks deletion of references to the replacement Beeslack High School and replacement with text indicating that a search for a suitable site will be undertaken in consultation with all interested parties. No Change to Document: The Council has selected a site for the replacement Beeslack High School. Page 103 of 222
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No. Respondent Document Section Requested Changes or Comments Midlothian Council Proposed Response Appendix B of the Council report) No specific location in the document 1.3: States that the A701 relief road is essential in relation to residential development allocated in the Midlothian Local Development Plan 2017. Considers it unacceptable there is no date for its completion. Modify Document: Final document to reflect latest information on delivery of the A701 Relief Road. No specific location in the document 1.4: States junction improvements on the A701 at Straiton are essential to make the junction more usable for all modes of active travel. Considers it is unacceptable that that there is no date for completion of junction improvements. Modify Document: Final document to reflect latest information on A701 junction improvements/ liaison with Transport Scotland. Various 1.5: States a timescale for delivery of the Bush Loan/-A702 junction upgrade must be provided in the document. Modify Document: Final document to reflect latest information on the timescale for delivery of the Bush Loan/ A702 junction. Various 1.6: States it is unacceptable that delivery of the Bush Loan/-A702 junction upgrade is occurring before and taking priority over delivery of the A701 Relief Road. Sets out that development along the A701 corridor was allocated on the basis of the A701 Relief Road project providing mitigation. No Change to Document: Comments noted. The Council is working on progression of delivery of the A701 Relief Road project. Page 104 of 222
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No. Respondent Document Section Requested Changes or Comments Midlothian Council Proposed Response States further development must not be given permission until this is resolved. 2 Homes for Scotland Generic comment 2.1: Refers to the need to respond to the Housing Emergency, the Local Housing Land Requirement (LHLR) that Midlothian Council has adopted, and states that sites identified in the Draft Delivery Programme for Midlothian Local Development 2017 with factors inhibiting their delivery should be deallocated (from the next local development plan) if they are not considered to be deliverable. Also advocates deallocation where landowner/promoter have not marketed the site. No Change to Document: The points raised are noted, but consider the matters are for preparation of Midlothian Local Development Plan 2 and its spatial strategy. Deallocated site would need to be replaced with other replacement sites. Generic comment on the document 2.2: Considers that draft Delivery Programme will not comply with the Scottish Government Local development planning guidance (2023) Guidance. Suggests that for the Delivery Programme to meet the requirements of the guidance requirements, the Council should detail specific actions that are required to deliver development sites, timescales for this and state who is responsible for addressing the action. Considers the draft Delivery Programme does not adequately specify how the interventions that may be required will be No Change to Document: The Council considers it has identified as reasonably as it can the actions required and timescales to deliver the development strategy of Midlothian Local Development Plan 2017. Page 105 of 222
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No. Respondent Document Section Requested Changes or Comments Midlothian Council Proposed Response funded or identify a suitable pathway to deliver longer term allocations. 3 Barratt-David Wilson Homes (Agent: Lanpro) Generic comment on the document 3.1: Notes that delivery of houses, as set out in Housing Land Audit 2024, except for one year, is projected to be less than the annualised Local Housing Land Requirement (LHLR) value of 885 homes (this is the LHLR of 8,851 homes for the 10 year MLDP2 divided by 10), Considers that it is clear there is a need to allocate additional sites in Midlothian Local Development Plan 2. Considers that Delivery Programme should appreciate that due to the requirements of National Planning Framework 4 (NPF4) windfall sites will be less likely to contribute to the housing land supply pipeline in the medium to longer term. No Change to Document: The matters raised are for the production of Midlothian Local Development Plan 2. Table 6, Education (Table 6 is now Table 8 in the updated Delivery Programme document in Appendix B of the Council report) 3.2: In relation to Gorebridge High School, notes reference in the draft Delivery Programme to a land identification study for a new High School. Refers to the Gorebridge Local Place Plan favouring a High School at Barleyknowe Road, and requests that the land at Barleyknowe Road is considered in any future study of potential locations for a new High School. This is a No Change to Document: The matters raised are for the production of Midlothian Local Development Plan 2. Submission will be considered in the production of the spatial Page 106 of 222
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No. Respondent Document Section Requested Changes or Comments Midlothian Council Proposed Response reference to information and a site submitted by Barratt-David Wilson Homes to the Midlothian Local Development Plan 2 Call for Ideas exercise promoting housing and provision of land for a High School at Barleyknowe Road, Gorebridge. strategy for Midlothian Local Development Plan 2. 4 Cala Management Ltd. and Allanvale Land (Pentland) Ltd (Agent: Stantec) Generic comment on the document 4.1: Notes that the draft Delivery Programme indicates a shortfall in the number of houses built compared to annualised Local Housing Land Requirement (LHLR) value of 885 and considers that Council should support new housing in the right locations. Refers to Homes for Scotland/ Diffley study and considers there is a wider shortfall in housing provision. Considers that the Council should be supporting increased windfall sites or additional allocation of housing sites in Midlothian Local Development Plan 2 to ensure this shortfall is addressed and there is a flexibility built into the future plan (Midlothian Local Development Plan 2). No Change to Document: The matters raised are for the production of Midlothian Local Development Plan 2. Comment not directly on the document, but on a site submitted to 4.2: Refers to a site of approximately 10ha at West Straiton they have promoted through the Midlothian Local Development Plan 2 Call for Ideas exercise and consider No Change to Document: Page 107 of 222
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No. Respondent Document Section Requested Changes or Comments Midlothian Council Proposed Response the Council through the Call for Ideas exercise undertaken for Midlothian Local Development Plan 2. that the Delivery Programme (for Midlothian Local Development Plan 2017) could allow for this proposal to come forward in part before the A701 Relief Road (to also allow for faster delivery of the Relief Road). State the site would contribute enhanced green network links and landscaping, as well as the ability to integrate with the proposed A701 Relief Road, and generate affordable housing. The matters raised are for the production of Midlothian Local Development Plan 2. 5 Lochay Homes (Agent: TMS Planning and Development Services) Table 2, Villages and rural remainder (Midlothian West HMA), Wellington School (AHs5) 5.1: Updated phasing provided for housing site at Wellington School (AHs5) No Change to Document: Noted. Phasing details will be updated in production of Housing Land Audit 2025. 6 Pentland Plants (Agent: John Handley Associates) Table 3 and Table 7, Hs17 Pentland Plants (Table 7 is now Table 9 in the updated Delivery Programme document in Appendix B of the Council report) 6.1: Confirms this allocated housing site (in Midlothian Local Development Plan 2017) is still being promoted by the owner and states there is significant housebuilder interest in the site. States part of the business has already relocated to the Scottish Borders, but full relocation has been delayed due to issues finding another site for the current business operation. As a result, currently precise delivery timescales are unknown. Modify Document: Update document to reflect submitted comments on continued promotion and developer interest. Submission will be considered in the production of the spatial strategy for Midlothian Local Development Plan 2. Page 108 of 222
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No. Respondent Document Section Requested Changes or Comments Midlothian Council Proposed Response 7 Midlothian Science Zone Group Various 7.1: Satisfied with the draft Delivery Programme as written, but seeks clarification on the timing of Bush Loan/ A702 junction improvements. Modify Document: Final document to reflect latest information on the timescale for delivery of the Bush Loan/-A702 junction. 8 University of Edinburgh (Agent: Montagu Evans) Table 6, Transport, A702/ Bush Loan and A702/ A703 Damhead (Table 6 is now Table 8 in the updated Delivery Programme document in Appendix B of the Council report) 8.1: State the proposed upgrades of the A702/ Bush Loan junction and the A702/ A703 junction are vital to allowing growth at the Easter Bush Campus. State it is essential that the Delivery Programme gives appropriate weight and focus to the importance of these improvements. Modify Document: Final document to reflect latest information on delivery of road infrastructure upgrades relating to A701 Relief Road, the A702/ Bush Loan junction and the A702/ A703 Damhead junction. The junction of the A702/ A703 is Transport Scotland led and not part of the A701 Relief Road project. Transport Scotland has undertaken recent work on the junction. Consider no change to the text of the document on the importance of the improvement of these is required. Various 8.2: The University would encourage Midlothian Council to ensure that the impacts of existing and proposed nearby housing allocations do not prejudice or No Change to Document: Comments noted. Page 109 of 222
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No. Respondent Document Section Requested Changes or Comments Midlothian Council Proposed Response restrict capacity of the surrounding road network to the detriment of the Midlothian Science Zone. Consideration of wider developments on the surrounding infrastructure should be highlighted in the context of recent and planned future improvements to the road network in the surrounding area. Table 4, Economic sites e3 and Ec5 Oatslie, Roslin (Table 4 is now Table 5 in the updated Delivery Programme document in Appendix B of the Council report) 8.3: Allocated economic sites e34 and Ec5 at Oatslie, Roslin: The University requests these allocations remain in Midlothian Local Development Plan 2 and would welcome further dialogue with Midlothian Council to ensure that these sites are appropriately reflected Midlothian Local Development Plan 2. No Change to Document: Comments noted. The Council has met with the University regarding existing economic development allocations at Oatslie. These are matters for consideration in developing the spatial strategy for Midlothian Local Development Plan 2. Generic wider comment 8.4: Langhill Farm: The University also manage 250ha of livestock and agricultural farms at Langhill and Dryden. This landholding is critical to the operation of the University facilities at the Bush Estate, through the provision of land to accommodate teaching and husbandry of livestock, as well as deliver feedstock and products for the operation of the Easter Modify Document: Comments noted. Insert a reference on this matter under the newly numbered Table 5. Page 110 of 222
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No. Respondent Document Section Requested Changes or Comments Midlothian Council Proposed Response Bush facility. Supports the continued protection of prime agricultural land from development under policy ENV4 Prime Agricultural Land. The University notes there is no explicit reference to the importance of this wider landholding in the Delivery Programme. The linkage between the wider landholding and University operations should be acknowledged in the context of the Delivery Programme. The University would emphasise the importance of continuing engagement with Midlothian Council with regards to ECON 7 ‘Further Education Facilities’. 9 Transport Scotland Tables 3, 4, 7: Site Ec3 West Straiton Table 6: Transport, A702/ Bush Loan (Table 4 is now 5, 6 is now 8 and 7 is now 9 respectively in the updated Delivery Programme document in 9.1: Transport Scotland wishes to continue to be consulted on progress with the A701 Relief Road and the Bush Loan/ A702 link road schemes as they has implications for the A702 trunk road. Aware the A701 relief road / A702 link road scheme is yet to be approved. Notes the planning application for the Bush Loan/ A702 junction is yet to be determined and states Transport Scotland issued comments on that application to Midlothian Council. No Change to Document: Comments noted. Page 111 of 222
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No. Respondent Document Section Requested Changes or Comments Midlothian Council Proposed Response Appendix B of the Council report) Table 6: Potential Improvements at Straiton/A720 and A702 (Table 6 is now Table 8 in the updated Delivery Programme document in Appendix B of the Council report) 9.2: Requests the Delivery Programme should reflect initial discussions between Transport Scotland and the Council on the Straiton junction of the A701 and A720 City Bypass. Modify Document: Amend document to reflect initial discussions between Transport Scotland and the Council on the Straiton junction of the A701 and A720 City Bypass. Final document to reflect latest information on delivery of road infrastructure upgrades relating to A701 Relief Road and the A702/ Bush Loan junction. Table 6: Transport, A702/ A703 Damhead (Table 6 is now Table 8 in the updated Delivery Programme document in Appendix B of the Council report) 9.3: A702/ A703 Damhead junction: These junction works are being led by Transport Scotland Road Safety and are ongoing. Modify Document: Final document to reflect latest information on delivery of road infrastructure upgrades relating to A701 Relief Road, the A702/ Bush Loan junction and the A702/ A703 Damhead junction. Page 112 of 222
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No. Respondent Document Section Requested Changes or Comments Midlothian Council Proposed Response Table 6: Transport, Potential rail station at Redheugh (Table 6 is now Table 8 in the updated Delivery Programme document in Appendix B of the Council report) 9.4: Redheugh rail station: States this was not included within the Midlothian Local Development Plan 2017 Transport Appraisal and has subsequently not been included within any other multi-modal appraisal to determine whether this was the best transport solution. A business case has not been produced or initiated to show a new rail halt is financially viable or deliverable at this location. Modify Document: Amend document to reflect comments submitted, but retaining existing comments in the draft Delivery Programme consulted upon. Table 7, Transport, Housing sites Hs0 Cauldcoats and Hs1 Newton Farm (Table 7 is now Table 9 in the updated Delivery Programme document in Appendix B of the Council report) 9.5: Transport Scotland states it is not seeking any developer contributions from developments for improvements to Sheriffhall roundabout and states this text should be removed. No Change to Document: Comments noted. No reference is currently made in the draft Delivery programme on seeking developer contributions from these sites towards grade separation of the Sheriffhall junction. The adopted Midlothian Local Development Plan 2017 requires developer contributions from these sites towards grade separation of the Sheriffhall junction. No change is proposed to the Midlothian Local Development Plan 2017 in respect of this submission from Transport Scotland. These requirements for Page 113 of 222
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No. Respondent Document Section Requested Changes or Comments Midlothian Council Proposed Response developer contributions towards this grade separation were established in the Midlothian Local Development Plan 2017 when it was adopted in 2017. Table 7, Transport, Housing sites Hs16- Hs20 (Table 7 is now Table 9 in the updated Delivery Programme document in Appendix B of the Council report) 9.6: Transport Scotland note the A701 Relief Road and Bush Loan/ A702 link road scheme is yet to be approved. Transport Scotland request to be consulted if it is to be progressed. No Change to Document: Comments noted. Table 4: Sites Bt1- Bt3 – Easter Bush Table 7, Transport, Economic sites Ec4-Ec5 & Bt1-Bt3 & Mx1 (and elsewhere as appropriate) (Table 4 is now 5 and 7 is now 9 9.7: Economic Sites Ec4-Ec5 & Bt1-Bt3 & Mx1: Table 7 (and elsewhere as appropriate) should note the planning application for a new roundabout to replace the A702 / Bush Loan junction is yet to be determined. States Table 4 indicates development within the Easter Bush Estate is significantly constrained by connection of Bush Loan with the A702 trunk road. It should be noted that the planning application for a new roundabout to replace the A702(T) / Bush Modify Document: Amend the document, as appropriate, at the time of publication of the Delivery Programme to reflect the status of the panning application of the A702 / Bush Loan junction upgrade. Comments noted. Page 114 of 222
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No. Respondent Document Section Requested Changes or Comments Midlothian Council Proposed Response respectively in the updated Delivery Programme document in Appendix B of the Council report) Loan priority junction, is to be determined. Transport Scotland’s comments to that planning application have been issued to MLC. Table 8: STRAT 2 Windfall Housing sites (Table 8 is now Table 10 in the updated Delivery Programme document in Appendix B of the Council report) 9.8: States it would be appropriate to require unplanned sites to be considered against the most up to date local development plan Transport Appraisal in order to demonstrate that the planned infrastructure remains appropriate or if further infrastructure is required. No Change to Document: Comment noted. Will consider appropriate means of achieving this. Table 8: STRAT 3 Strategic Housing Land Allocations, STRAT 4 Additional Housing Development Opportunities and STRAT 5 Strategic Employment Land Allocations 9.9: Recommends that a regular review of local development plan Transport Appraisal is undertaken to identify whether planned infrastructure requirements remain appropriate or require amendment. No Change to Document: Comment noted. Will consider appropriate means of achieving this. Page 115 of 222
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No. Respondent Document Section Requested Changes or Comments Midlothian Council Proposed Response (Table 8 is now Table 10 in the updated Delivery Programme document in Appendix B of the Council report) Table 8: DEV 2 Protecting Amenity within the Built-Up Area (Table 8 is now Table 10 in the updated Delivery Programme document in Appendix B of the Council report) 9.10: Where the table in this location sets out in the “Observations” section that Road Safety is a gap that should be considered, Transport Scotland requests that they be included in any discussions relating to Road Safety affecting trunk roads within Midlothian. Modify Document: Amend the document so that Transport Scotland is included in any discussions relating to Road Safety affecting trunk roads within Midlothian. Table 8: TRAN 1 Sustainable Travel (Table 8 is now Table 10 in the updated Delivery Programme 9.11: Request that Transport Scotland is included in any discussions relating to active travel affecting trunk roads within the Council area. Modify Document: Amend the document so that Transport Scotland is included in any discussions relating to active travel affecting trunk roads within Midlothian. Page 116 of 222
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No. Respondent Document Section Requested Changes or Comments Midlothian Council Proposed Response document in Appendix B of the Council report) Table 8: RD 1 Development in the Countryside (Table 8 is now Table 10 in the updated Delivery Programme document in Appendix B of the Council report) 9.12: States the document should note there is a specific requirement to consult with Transport Scotland where rural development requires new/ improved access from the trunk road network. Modify Document: This occurs already through the planning application process, but amend the document so that Transport Scotland is consulted where rural development requires new / improved access from the trunk road network. Final document to reflect latest information on the timescale for delivery of the Bush Loan/-A702 junction. Table 8: IMP 1 New Development (Table 8 is now Table 10 in the updated Delivery Programme document in Appendix B of the Council report) 9.13: States the ongoing monitoring of this policy should clearly demonstrate where contributions towards strategic infrastructure (including any infrastructure associated with the trunk road network) are being collected, and update the intended delivery mechanism for any such infrastructure. No Change to Document: Comment noted. Page 117 of 222
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No. Respondent Document Section Requested Changes or Comments Midlothian Council Proposed Response Table 8: IMP 2 Essential Infrastructure Required to Enable New Development to Take Place (Table 8 is now Table 10 in the updated Delivery Programme document in Appendix B of the Council report) 9.14: Linked comment on policy IMP 1, ongoing monitoring of this policy should explicitly identify the delivery mechanism (who and when) for strategic infrastructure. A specific example being A701 relief road and A702 Link and Bush Loan junction. No Change to Document: Comment noted. 10 SEPA All 10.1: Stated they had no comment on the document. No Change to Document: Comment noted. Page 118 of 222
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Council meeting 1 April 2025 Appendix Bii: Proposed for Approval: Midlothian Local Development Plan 2017 Delivery Programme 2025-2027 MIDLOTHIAN LOCAL DEVELOPMENT PLAN 2017 Delivery Programme 2025-2027 for Midlothian Local Development Plan (2017) Page 119 of 222
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Contents Page 1 Contents Introduction ........................................................................................................................................ 2 Background .................................................................................................................................... 2 What is a Delivery Programme ......................................................................................................... 2 Preparation and Engagement on the Delivery Programme ................................................................ 2 Updating the Delivery Programme ................................................................................................... 2 Housing Land Pipeline......................................................................................................................... 3 Economic Land ................................................................................................................................. 13 Infrastructure Delivery ....................................................................................................................... 20 Site Specific Actions ......................................................................................................................... 30 Policy Actions ................................................................................................................................... 53 The styling of this document is based on the Scottish Government’s National Planning Framework 4. It is available here and was published under this licence. Page 120 of 222
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Part 1 – Introduction Page 2 Introduction Background 1. This is the Delivery Programme 2025-2027 for the Midlothian Local Development Plan 2017. It replaces the Action Programme adopted by Midlothian Council on 15 June 2021. This Delivery Programme identifies actions and commitments necessary to deliver the spatial strategy of the adopted Midlothian Local Development Plan 2017. The Delivery Programme has been produced to inform and align with the Council’s Capital Plan. The requirement to prepare delivery programmes were introduced by the Planning (Scotland) Act 2019. The Scottish Government Chief Planner has written to planning authorities to require that action programmes associated with local development plans be reviewed, updated and re-published as delivery programmes, and for this to be done by 31 March 2025. 2. The Midlothian Local Development Plan (MLDP 2017) was adopted in November 2017 and the first Action Programme approved in February 2018. This first Delivery Programme highlights the progress made with implementing MLDP 2017’s its development strategy in the years since adoption, the key changes in that period and emerging issues from the ongoing review of the Plan. Another Delivery Programme will be prepared for the replacement LDP (Midlothian Local Development Plan 2 - MLDP2). The draft Delivery Programme for MLDP2 will be released at the same time as the MLDP2 Proposed Plan is published and finalised within three months of MLDP2 being adopted. Once MLDP2 is adopted, the current adopted MLDP 2017 and its Delivery Programme will lapse. What is a Delivery Programme 3. A Delivery Programme sets out how an authority proposes to implement its LDP (local development plan). It should support delivery of the LDP and achievement of its intended outcomes. Delivery Programmes must set out: • a list of actions required to deliver policies and proposals contained in the LDP; • an explanation as to how those actions are to be undertaken; • the timescale for the conclusion of each action; and • the expected sequencing of, and timescales for, delivery of housing on sites allocated by the LDP. Preparation and Engagement on the Delivery Programme 4. Collaboration is important to allow partners to input to the development of the Delivery Programme. This includes engagement with internal service providers such as Education, with Key Agencies including Scottish Water, the Scottish Environment Protection Agency, NatureScot, Historic Environment Scotland and Transport Scotland; and with developers and any other organisation named in the document. The Council has used information gathered in preparing the Evidence Report and Call for Ideas to help inform the preparation of this Delivery Programme. There was a formal engagement stage lasting eight weeks for any interested party to submit comments, and this has resulted in changes between the draft and final Delivery Programme. Updating the Delivery Programme 5. The Delivery Programme must be kept under review and updated at least every two years. In practice, the next Delivery Programme will be for the MLDP2 Proposed Plan. Page 121 of 222
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Part 2 – Housing Land Pipeline Page 3 Housing Land Pipeline 6. National Planning Framework 4 (NPF4) expects Delivery Programmes to establish a deliverable housing land pipeline for the Local Housing Land Requirement. In Midlothian’s the Local Housing Land Requirement (LHLR) is 8,851 homes. For clarification this Delivery Programme relates to the delivery of the development strategy and development allocations made in MLDP 2017. It will be for MLDP2 to identify housing that will meet and deliver the LHLR of 8,851 homes over its 10 year lifespan. That 10 year life span for MLDP2 is projected to be 2026/2027 to 2036/2037. 7. The LHLR was considered by the Scottish Government Planning and Environmental Appeals Division (DPEA) at the Gate Check of the Evidence Report for MLDP2 in 2024. The DPEA Reporter who undertook the Gate Check concluded that the Council may proceed to prepare MLDP2 on the basis of this LHLR of 8,851 homes. The 2024 decision of the Court of Session case at “Mossend”, West Lothian (Miller Homes v Scottish Ministers) has confirmed that NPF4 is operative, including for local development plans adopted prior to Scottish Government’s approval and publication of NPF4. MLDP 2017 was prepared in the context of the 2013 Strategic Development Plan for Edinburgh and South East Scotland (SESplan). Paragraph 2.3.9 of MLDP 2017 contains actions for always maintaining a 5-year housing land supply, which included the Action Programme identifying the trigger for introducing actions to address a shortfall in the housing land supply. With the status of NPF4 confirmed, this requirement to maintain a 5-year effective housing land supply is removed. 8. The purpose of the housing pipeline is to provide a transparent view of the delivery phasing of housing allocations so that interventions, including for infrastructure that enable delivery, can be planned. Phasing is set out in the short (1-3 years), medium (4-6 years) and long term (7-10 years). NPF4 requires that where sites in the early phases of the housing land pipeline are not delivering as programmed, and alternative delivery mechanisms identified in the Delivery Programme are not practical, measures should be considered to enable earlier delivery of long-term deliverable sites or areas that were identified for new homes beyond the 10-year horizon of the delivery programme. Deallocations from previous local development plans should be considered where sites are no longer deliverable. The annual Housing Land Audit will monitor the delivery of housing land to inform the pipeline and the actions to be taken in the Delivery Programme. Table 1 below sets out the housing land pipeline over the short, medium and long term. Table 2 provides this information in greater detail, broken down into individual allocated sites. 9. For this Delivery Programme, Midlothian Council has chosen to use its most up to date (2024) Housing Land Audit as the basis for its housing land pipeline. The HLA is based on discussions with house builders on when they expect to deliver their sites. A large determinant of build rates however are the prevailing market conditions, and in the case of affordable housing, the availability of funding. Once sites are allocated, Midlothian Council has traditionally been keen for the sites to come forward as soon as possible, subject to the delivery of any necessary infrastructure. For MLDP2, Midlothian Council will consider the extent to which allocations may be linked more closely to build rate commitments and concomitant infrastructure delivery so that housing land can be delivered in a more planned way, as indicated by NPF4. 10. Housing delivery over the next 10 years will come from sites allocated in MLDP2, MLDP 2017, sites allocated in the previous development plans, and windfall developments. MLDP 2017 also indicates long term safeguards at five of the large allocations. On some of these sites planning permission has Page 122 of 222
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Part 2 – Housing Land Pipeline Page 4 been granted, and so they have entered the effective housing land supply. n addition to the allocated sites, MLDP 2017 indicated Additional Housing Opportunities. These are sites subject to development uncertainties, and so were not relied on in meeting SESplan housing requirements. Two of these five sites have subsequently been granted consent, the other 3 remain constrained. Table 1 indicates the expected build rates from Housing Land Audit 2024. These build rates form the basis of the Delivery Programme, as it is the Council’s view that the HLA, based on direct engagement with housebuilders, offers the most accurate forward view of completion dates. Table 1: Delivery Pipeline Expected Build Rates (from 2024 HLA) Annualised Indicative LHLR Difference Short Term 2024/2025 755 885 -130 2025/2026 1020 885 +135 2026/2027 737 885 -148 Medium Term 2027/2028 741 885 -144 2028/2029 713 885 -172 2029/2030 739 885 -146 Long Term 2030/2031 686 885 -199 2031/2032 548 885 -337 2032/2033 462 885 -423 2033/2034 467 885 -418 TOTAL 6,868 8851 1,983 11. Higher Bank of England interest rates from 2022 onwards appear to have led to a cut in completions in the immediate short term. Cuts to the affordable housing programme in the 2024 Scottish budget (now partly restored) are another non-planning related factor which will weigh on future delivery rates. 12. The annualised shortfall between the indicative LHLR and delivery pipeline increases in the longer- term perspective – this is because allocated sites are built out and also reflects the role of windfall housing sites, whose contribution is unprogrammed until they are consented, and so the contribution from these are concentrated in the short and medium terms. In the face of the annualised completions being less than the annualised MATHLR figure (Minimum All Tenure Housing Land Requirement set out for each Council area in NPF4), NPF4 states that in the first instance measures should be identified in the Delivery Programme to bring sites forward. Following that measures should be considered to enable earlier delivery of long-term deliverable sites or areas identified for new homes beyond 10 years. Table 3 considers the local or site-specific factors inhibiting delivery and considers possible solutions. Detailed site-specific requirements from MLDP 2017 (or as modified following later information) are set out in Table 4. Page 123 of 222
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Part 2 – Housing Land Pipeline Page 5 Table 2: Completions by Site (based on approved 2024 Housing Land Audit) Site Code Site Source Site Name Short Term 2024/2025 - 2026/2027 Medium Term 2027/2028 - 2029/2030 Long Term 2030/2031 - 2033/2034 Post 2034 Loanhead h54(iii) Previous LP Ashgrove Phase 3 6 0 0 0 2022LH1 Windfall Former Thornlea Nursing Home 1 0 0 0 Small sites Windfall 3 1 3 0 Total 10 1 3 0 Roslin and Bilston Hs18 MLDP 2017 Roslin Institute 101 0 0 0 Hs19(Area A) MLDP 2017 Roslin Expansion Area A 66 0 0 0 Hs19(Area B) MLDP 2017 Roslin Expansion Area B 1 0 0 0 Hs19(Area C) MLDP 2017 Roslin Expansion Area C 3 0 0 0 Hs19(Area D) MLDP 2017 Roslin Expansion Area D 4 0 0 0 Hs16(Area C) MLDP 2017 Seafield Road Area C 20 120 74 0 Small sites Windfall 0 0 0 0 Total 195 120 74 0 Penicuik h58(Areas B1and B2) Previous Local Plan Nursery West and North (at NW Penicuik) 48 0 0 0 h58(Areas C and D) Previous Local Plan Mauricewood and Mauricewood North (at NW Penicuik) 56 0 0 0 h58(Area F) Previous Local Plan Rullion Road (at NW Penicuik) 48 20 0 0 h25(Area D) Previous Local Plan Greenlaw and Adjacent Land Area D 135 63 0 0 2020PK1 Windfall Windsor Square 12 0 0 0 2022PK1 Windfall Kentigern Mall 7 0 0 0 Page 124 of 222
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Part 2 – Housing Land Pipeline Page 6 Site Code Site Source Site Name Short Term 2024/2025 - 2026/2027 Medium Term 2027/2028 - 2029/2030 Long Term 2030/2031 - 2033/2034 Post 2034 Small sites Windfall 7 6 2 0 Total 313 89 2 0 Villages and rural remainder (Midlothian West HMA) Hs20 MLDP 2017 Auchendinny 168 170 57 0 AHs1 MLDP 2017 Rosslynlee, near Penicuik 32 70 54 0 AHs1(NP) MLDP 2017 North Park (at Rosslynlee) 63 58 0 0 AHs5 MLDP 2017 Wellington School, by Howgate 27 19 0 0 2023VR1 Windfall Barley Dean 3 2 0 0 Small sites Windfall 11 12 11 0 Total 304 331 122 0 Bonnyrigg Hs10(Area C) MLDP 2017 Dalhousie Mains Area C 74 0 0 0 Hs11(Area A) MLDP 2017 Dalhousie South Area A 40 0 0 0 Hs11(Area B) MLDP 2017 Dalhousie South Area B 21 75 50 0 Hs11(Area C) MLDP 2017 Dalhousie South Area C 80 0 0 0 Hs12 and Hs12 SC MLDP 2017 Hopefield Farm 2 and Safeguarded Capacity 25 150 200 657 243 Windfall Former garage, Elm Row 3 2 0 0 2021BL3 Windfall Moorfoot Place 46 0 0 0 2022BL1 Windfall High Street 20 0 0 0 Small sites Windfall 3 5 2 0 Total 312 232 252 657 Dalkeith Hs2 MLDP 2017 Larkfield West 1 0 0 0 Hs3 MLDP 2017 Larkfield South West 53 0 0 0 2021DK1 Windfall Buccleuch Street 4 0 0 0 2023DK1 Windfall Glenarch Lodge 0 6 0 0 Page 125 of 222
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Part 2 – Housing Land Pipeline Page 7 Site Code Site Source Site Name Short Term 2024/2025 - 2026/2027 Medium Term 2027/2028 - 2029/2030 Long Term 2030/2031 - 2033/2034 Post 2034 Small sites Windfall 6 5 3 0 Total 64 11 3 0 Gorebridge h50(1A) Previous Local Plan Redheugh / Prestonholm new community 0 140 240 320 h24 Previous Local Plan Newbyres 64 32 0 0 h51 Previous Local Plan Robertson's Bank 5 9 0 0 2022GB1 Windfall Newbyres Crescent 75 0 0 0 Small sites Windfall 1 2 3 0 Total 145 183 243 320 Mayfield and Newtongrange h48 Previous Local Plan Bryans 48 0 0 0 h41 Previous Local Plan North Mayfield 99 55 0 0 h38 Previous Local Plan South Mayfield Sites 46 108 144 628 2022MN1 Windfall Former Newbattle High School (Phase 1) 90 0 0 0 2022MN2 Windfall Newtongrange Parish Church 5 0 0 0 Small sites Windfall 1 2 0 0 Total 289 165 144 628 Shawfair Hs0 MLDP 2017 Cauldcoats 13 120 231 66 Hs1 MLDP 2017 Newton Farm 150 180 240 50 Hs1 SC MLDP 2017 Newton Farm, Safeguarded Capacity 0 48 112 200 Page 126 of 222
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Part 2 – Housing Land Pipeline Page 8 Site Code Site Source Site Name Short Term 2024/2025 - 2026/2027 Medium Term 2027/2028 - 2029/2030 Long Term 2030/2031 - 2033/2034 Post 2034 h43(AandE) Previous Local Plan Shawfair (Blocks A and E) 20 84 80 0 h43(B) Previous Local Plan Shawfair (Block B) 0 76 112 135 h43(C) Previous Local Plan Shawfair (Block C) 0 0 48 135 h43(F) Previous Local Plan Shawfair (Block F) 0 0 20 208 h43(G) Previous Local Plan Shawfair (Block G) 0 0 0 67 h43(H) Previous Local Plan Shawfair (Block H) 0 0 0 78 h43(I) Previous Local Plan Shawfair (Block I) 0 0 0 144 h43(K) Previous Local Plan Shawfair (Block K) 0 38 112 176 h43(L) Previous Local Plan Shawfair (Block L) 0 76 112 47 h43(P) Previous Local Plan Shawfair (Block P) 20 84 112 4 h43(R1andR2) Previous Local Plan Shawfair (Blocks R1 and R2) 48 84 30 0 h43(S4) Previous Local Plan Shawfair (Block S4) 23 0 0 0 h43(S5) Previous Local Plan Shawfair (Block S5) 0 20 40 0 h43(T2) Previous Local Plan Shawfair (Block T2) 108 90 50 0 Page 127 of 222
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Part 2 – Housing Land Pipeline Page 9 Site Code Site Source Site Name Short Term 2024/2025 - 2026/2027 Medium Term 2027/2028 - 2029/2030 Long Term 2030/2031 - 2033/2034 Post 2034 h43(W1) Previous Local Plan Shawfair (Block Woolmet 1) 48 84 8 0 h43(W2) Previous Local Plan Shawfair (Block Woolmet 2) 48 22 0 0 h44 (Area A) Previous Local Plan North Danderhall 58 0 0 0 h44 (Area B) Previous Local Plan North Danderhall (Area B) 28 0 0 0 h44(AA2andAA3) Previous Local Plan North Danderhall (Blocks AA2 and AA3) 135 34 0 0 2017 SA1 Windfall Land South of Hilltown House 3 0 1 0 2023SA1 Windfall Newton Church Road 23 0 0 0 Small sites Windfall 2 2 1 0 Total 727 1042 1309 1310 Rosewell Hs14 MLDP 2017 Rosewell North 86 0 0 0 h52andh22 Previous Local Plan Gorton Loan and Rosewell Mains 10 0 0 0 Small sites Windfall 2 1 1 0 Total 98 1 1 0 Villages and rural remainder (Midlothian East HMA) h59 Previous Local Plan Crichton Road, Pathhead 43 0 0 0 2019VR2 Windfall Airybank House 3 0 0 0 2024 VR1 Windfall Land 100M South West of Newlandburn House 0 10 0 0 Small sites Windfall 9 8 10 0 Page 128 of 222
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Part 2 – Housing Land Pipeline Page 10 Site Code Site Source Site Name Short Term 2024/2025 - 2026/2027 Medium Term 2027/2028 - 2029/2030 Long Term 2030/2031 - 2033/2034 Post 2034 Total 55 18 10 0 MIDLOTHIAN TOTAL 2512 2193 2163 2915 Table 3: Local and Site-Specific Factors Inhibiting Delivery and Possible Solutions Site Factor inhibiting delivery Possible solution Hs5 Thornybank North, Dalkeith Reduced element of site remaining after supermarket development Consider prospects with site owner/promoter and determine whether support for site is withdrawn. This will be addressed as part of MLDP2 preparation. Hs17 Pentland Plants, by Bilston No application In the course of producing the Delivery Programme Engagement, the site owner has re-affirmed their intention to develop the site for housing. Consider prospects with site owner/promoter and determine whether support for site continues. This will be addressed as part of MLDP2 preparation. Hs7 Redheugh West (Phase 2), Gorebridge Need for new bridge across Borders Railway Consider allowing commencement of limited part of development in two sections either side of railway line with independent road access, with active travel links on existing crossing of rail line. Full development of site would still be dependent on the new spine road with railway crossing. If this was not considered achievable the site allocation could be reduced, (or de-allocated completely). Both of these potential courses of action would be a matter for MLDP2. Ec3 (mixed use) West Straiton Scope of site and hence masterplan cannot be defined until A701 relief road is consented. Consent A701 relief road, or reconsider transport and development strategy for this corridor in MLDP2. Page 129 of 222
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Part 2 – Housing Land Pipeline Page 11 Site Factor inhibiting delivery Possible solution Allocation stated that housing could be part of the development, but number not defined and no education solution in place. AHs2 Burghlee, Loanhead Site constraints due to access and landscape In the course of Delivery Programme Engagement, the site promoter has indicated continued interest and possible solutions to access constraints. Consider prospects with site owner/promoter and consider solutions, or whether support is withdrawn. This will be addressed as part of MLDP2 preparation. AHs3 Belwood Crescent, Penicuik No application – unsure if developer interest In the course of Delivery Programme Engagement, the MoD has indicated that is surplus to requirements. Consider prospects with site owner/promoter and consider whether site continues or whether support is withdrawn. This will be addressed as part of MLDP2 preparation. AHs4 Pomathorn Mill, Penicuik Site constraints due to access and landscape Consider prospects with site owner/promoter and consider solutions, or whether support for site is withdrawn. This will be addressed as part of MLDP2 preparation. Page 130 of 222
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Part 2 – Housing Land Pipeline Page 12 Table 4 Consideration of constrained housing sites allocated in previous development plans (committed development). Site Factor inhibiting delivery Possible solution h55 (remainder) Seafield Moor Road, Bilston This is the remainder portion of a larger site, alternative education use has emerged Consider remaining land after provision for education needs, and whether any continuing housing potential. Matter for MLDP2. h40 Vogrie Road (Site W), Gorebridge Change in ownership of developer after completion of first two phases. No clear planning solution, it is expected that in time the site owner will seek to dispose of the site to another developer. The current site and settlement boundary appear rational. h69 Whitehill House, by Rosewell Challenges connected to conversion of historic Category A listed building, linked to enabling development at Site h70 to cross fund the development. Continued dialogue with site promoters. h70 Whitehill House, by Rosewell (Grounds) Number of units permitted linked to required enabling development to convert and restore Whitehill House (h69). Consented mix of units may not fit well with product offered by volume housebuilders. Continued dialogue with site promoters, also a matter for MLDP2 Page 131 of 222
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Page 13 Part 3 – Economic Land Economic Land 13. Economic sites were allocated and identified in MLDP 2017 as part of the development strategy to be delivered over the plan period. Sites are not usually developed by a single developer or a single use development on a one-off basis, but more commonly by a range of different sized developments over time. Take up of land is influenced by a range of external market and financial factors. This makes programming the release and development of economic sites in the same way as housing land unrealistic. Although the economic land supply seems large relative to historic take-up, from engagement for MLDP2, the Council has evidence of very strong demand and need for available economic units. Economic sites are considered in detail in Tables 5 and 6, including the infrastructure necessary to deliver them. 14. The announcement of the Edinburgh and South East Scotland City Region Deal (ESESCRD) in August 2018 seeks to deliver a programme of accelerated and inclusive growth across South East Scotland. The Deal is an agreement between the UK Government, Scottish Government, the local authorities of Edinburgh, Fife, Midlothian, Scottish Borders and West Lothian as well as the region's universities and colleges. A commitment by the Deal partners to invest £1.3bn is anticipated to generate over £5bn worth of Gross Value Added (GVA) over the next 15 years. In Midlothian, City Deal will be a key driver in delivering new roads infrastructure to enable expansion and future development of the University of Edinburgh's Easter Bush Campus (part of the ESESCRD Data Driven Innovation Project) as well as a wider stimulus for additional development at the Midlothian Science Zone. In tandem with City Deal investment, it is anticipated that the Council's economic development strategy (“The Midlothian Strategy for Inclusive Economic Growth 2025-30") will support and promote the development of allocated economic sites as well as regeneration and redevelopment opportunities across the Council area. Progress will be monitored through the annual Economic Land Audit (ELA) process and future Delivery Programmes. 15. MLDP 2017 allocated approximately 122ha of economic land. This comprises 14.4ha of specialist biotechnology developments at the Midlothian Science Zone, 48ha for a mix of class 4, 5 and 6 uses and a specific allocation of 60ha of commercial/mixed use development at West Straiton - a 'Midlothian Gateway' development site. The annual ELA contains all the sites that constitute the established economic land supply in Midlothian and measures the level of take-up (and/or loss to alternative uses) of economic land each year. Changes to the economic land supply over the plan period will be monitored by the ELA. Table 5 considers progress to date at these sites, and Table 6 considers committed sites from previous development plans. Table 9 considers the infrastructure requirements of these sites. Page 132 of 222
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Part 3 – Economic Land Page 14 Table 5: MLDP 2017 Strategic Economic Land Allocations Site reference Site name Gross site area (ha) Gross remaining land (ha) Uses 2024 update, including consideration of obstacles to development Ec1 Shawfair Park Extension 20.57 18.85 Business and industry No planning application submitted on the extension area to date (occupied area is historic building, viz nursery, Lowes Farm). The timing and phasing of Ec1’s development will be subject to access arrangements being agreed. The proposed grade separation of the Sheriffhall Roundabout may allow new access from the A6106. Ec2 Salter's Park Extension, Dalkeith 16.9 16.9 Business and industry Planning permission in principle refused for mixed use with large proportion of housing in June 2018. Discussions with site promoter have identified site constraints and high infrastructure costs. MLDP2 to consider future approach to site. Ec3 West Straiton 51.47 42.88 Mixed uses, principally Commercial/ employment (but housing could form part of mix) Pre-existing development on parts of the site including concrete batching plant, park and ride, restaurants. Proposal of Application Notice for a mixed use (although residential led) development on part of the site. MDLP requires masterplan for site. Midlothian Council is not progressing this in advance of the determination of the road line which defines the western boundary of the site. Road is to be phased. Updated design work (November Page 133 of 222
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Part 3 – Economic Land Page 15 Site reference Site name Gross site area (ha) Gross remaining land (ha) Uses 2024 update, including consideration of obstacles to development 2023) undertaken by AMEY has produced a preferred alignment and expenditure has been authorised to take forward the design to planning permission stage over the period 2023/2025 to 2025/2026. Need to resolve alignment and delivery of A701 relief road to determine future of site. Ec4 Ashgrove North, Loanhead 15.7 14.4 Business and industry Some pre-existing take up within the site boundary, need to have discussions with site promoter to understand reasons for no take up at this and adjoining site e34. Ec5 Oatslie, Roslin 4.7 4.7 Business and industry Site needs utility connections. Discussion has been had with site promoter to understand reasons for no take up at this and adjoining site e34. To be considered in production of Midlothian Local Development Plan 2. Bt1 Easter Bush North 5.8 5.6 Biotechnology uses Little take up at site. In common with other MSZ sites, connection with Bush Loan to A702 is major constraint, as well as drainage and electricity supply issues. Bt2 Easter Bush South 5.8 2.5 Biotechnology uses No take up at site. In common with other MSZ sites, connection with Bush Loan to A702 is major constraint, as well as drainage and electricity supply issues. Page 134 of 222
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Part 3 – Economic Land Page 16 Site reference Site name Gross site area (ha) Gross remaining land (ha) Uses 2024 update, including consideration of obstacles to development Bt3 Technopole North West 2.2 2.2 Biotechnology uses No take up at site. In common with other MSZ sites, connection with Bush Loan to A702 is major constraint, as well as drainage and electricity supply issues. Note: in addition to its sites at the MSZ, University of Edinburgh manages a 50 ha holding at Langhill Farm which is integrated with MSZ operations through provision of teaching opportunities and husbandry of livestock, as well as delivery of feedstock and other products for the operation of the Easter Bush facility. Table 6 Progress on economic land committed in previous development plans (completed economic sites not listed) Site reference Site name Gross site area (ha) Gross remaining land (ha) Uses 2025 update, including consideration of obstacles to development e16 Bonnyrigg Hopefield 4.93 4.93 Business uses Stalled site. Site infrastructure provided and site is immediately available, appears to be lack of capital to build units speculatively or lack of single user willing to develop site. e15 Bonnyrigg, Sherwood Industrial Estate 7.87 1.04 Business and industry Some vacant land in association with existing businesses. e13 Grannies Park, Dalkeith 1.91 0.83 Business uses Vacant backlands, gives room for expansion for existing users. e11 Hardengreen 9.05 1.44 Business and industry Remaining area to south of station car park, consideration of most sustainable and gainful use of this site adjacent to Eskbank railway station required in LDP2. e14 Salter’s Park, Dalkeith 17.8 17.8 Business, industry, and storage and distribution Stalled site. Discussions with site promoter have identified site constraints and high infrastructure costs. MLDP2 to consider future approach to site (also at Ec2). Page 135 of 222
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Part 3 – Economic Land Page 17 Site reference Site name Gross site area (ha) Gross remaining land (ha) Uses 2025 update, including consideration of obstacles to development e32 Sheriffhall South 18.39 16.3 Business uses Detailed application for parts of the sites approved, does not appear to be stalled. e22 Redheugh 9.77 9.77 Business and industry Stalled site appears to need sufficient anchor tenants in place before can be opened up. Land acquired by current owner from British Coal, so likely ground condition issues. Up- front costs of providing link road through site appear to have deterred development. Alternative mixed use for the site (including retailing and housing) submitted for LDP Call for Ideas. e7 Straiton 1.94 1.24 Business uses Stalled site, MLDP2 to consider future uses of site. e33 Ashgrove, Loanhead 5.71 5.32 Business and storage and distribution Stalled site, MLDP2 to consider future uses of site e5 Edgefield Industrial Estate 7.98 1.45 Business and industry Some vacant land gives scope to expand businesses, demolition of grain silos has increased vacant land at this site. e17 Mayfield Industrial Estate 23.83 2.41 Business and industry Largely complete, small part of site remains. e3 Bilston Glen 26.43 0.37 Business and industry One vacant plot remaining on site. e20 Lady Victoria Business Centre, Newtongrange 8.39 1.46 Business and industry Largely complete, small area intermittently used for storage. e21 Stobhill Road, Newtongrange 8.69 5.86 Business and industry Earlier Stobhill and Lady Vic masterplans supported housing on site (non-planning documents). MLDP2 to consider future uses of site. e19 Butlerfield Industrial Estate 8.71 0.35 Business and industry One plot vacant remaining on site Page 136 of 222
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Part 3 – Economic Land Page 18 Site reference Site name Gross site area (ha) Gross remaining land (ha) Uses 2025 update, including consideration of obstacles to development e1 Eastfield Industrial Estate 6.4 0.13 Business and industry Largely complete e24 Gorton Road, Rosewell 1.84 1.31 Business and industry Stalled site, once development work complete and construction compound removed, site will be wholly vacant. MLDP2 to consider future of site, including rectifying mapping error on proposals map. e34 Oatslie, Roslin 5.62 5.62 Business uses Stalled site, MLDP2 to consider future of site e26 Whitehill Mains, Shawfair 18.73 18.54 Business and industry Recent planning activity suggests that progress on site may be imminent. e27 Shawfair Park 36.75 19.31 Business and industry Steady take up on site, around half site now taken up. e25 Millerhill /Monktonhall 69.57 34.8 Business, industry, and storage and distribution and other uses (waste management) Steady take up, large area occupied by waste and rail uses. e30 Polton House, Bonnyrigg 1.48 0.27 General industrial Largely complete, some vacant land allows for expansion of businesses on site. e31 Eldin, Loanhead 4.99 1.00 General industrial Largely complete, some vacant land allows for expansion of businesses on site. b2 Edinburgh Technopole 50.05 7.65 Research and Development Largely complete, although infrastructure likely to be a constraint (particularly A702 access) to completing site. b3 Gowkley Moss 15.44 4.82 Research and Development (and related manufacturing) Largely complete, although infrastructure likely to be a constraint (particularly A702 access) to completing site. b6 Easter Bush 9.04 6.95 Knowledge Based Industry and Related Manufacturing Ongoing interest, although in common with other MSZ sites, infrastructure is a constraint here (particularly A702 access). Page 137 of 222
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Part 3 – Economic Land Page 19 Site reference Site name Gross site area (ha) Gross remaining land (ha) Uses 2025 update, including consideration of obstacles to development b7 Gowkley Moss North 10.49 10.49 Knowledge Based Industry and Related Manufacturing Stalled. In common with other MSZ sites, infrastructure is a constraint here (particularly A702 access). b8 Gowkley Moss South 2.14 2.14 Knowledge Based Industry and Related Manufacturing Stalled. In common with other MSZ sites, infrastructure is a constraint here (particularly A702 access). b9 New Milton 10.13 10.13 Knowledge Based Industry and Related Manufacturing Site provides for expansion of an existing user (Moredun Foundation) although in common with other MSZ sites, infrastructure is a constraint here (particularly A702 access). Page 138 of 222
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Page 20 Part 4 – Infrastructure Delivery Infrastructure Delivery 16. This section of the Delivery Programme reviews infrastructure completed since adoption of MLDP 2017 and sets out further actions in respect of, education, health, transport, waste, water and drainage and any other miscellaneous actions required to deliver the LDP. Page 139 of 222
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Part 4 – Infrastructure Delivery Page 21 Table 7: Completed Infrastructure Actions from MLDP 2017 Infrastructure Description Year of opening Education Replacement Roslin Primary School New 2017 Replacement Paradykes Primary School New 2017 Replacement Newbattle High School New 2018 Additional classroom capacity at Lasswade Primary School Extension 2018 Refurbishment to increase early learning and childcare capacity at Lasswade Primary School Upgrade 2018 Additional early learning and childcare capacity and additional classrooms at Burnbrae Primary School Extension 2018 Additional early learning and childcare capacity at Danderhall Primary School Extension 2018 Additional early learning and childcare capacity at Mayfield Nursery School Extension 2018 Reprovisioning of rooms to increase Complex Needs Provision at St David's RC High School Upgrade 2018 Additional classroom capacity at St David's RC Primary School Extension 2019 Creation of Outdoor Early Learning and Outdoor Setting at Vogrie Country Park Upgrade 2019 Refurbishment of spaces to make an additional classroom available at Woodburn Primary School Upgrade 2019 Reprovisioning of rooms to increase Complex Needs Provision at St David's RC High School Upgrade 2018 Additional capacity at Cuiken Primary School Extension 2020 Additional classrooms and early learning and childcare capacity at Sacred Heart RC Primary School Extension 2020 Replacement St Mary's RC Primary School with increased capacity and early learning/childcare capacity at Burnbrae Primary School New 2020 Replacement Danderhall Primary School New 2021 Additional Capacity at King’s Park PS, Dalkeith via temporary accommodation Extension 2023 Additional Capacity at Rosewell PS, Rosewell via temporary accommodation Extension 2023/2024 Additional Capacity at Roslin PS, Roslin via temporary accommodation Extension 2023/2024 Easthouses Primary School New 2024/2025 Woodburn Primary School Extension 2024 Transport Mauricewood roundabout on A702 trunk road New 2018 A7/The Wisp junction Upgrade 2023 North West Penicuik Link New TBD Page 140 of 222
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Part 4 – Infrastructure Delivery Page 22 Infrastructure Description Year of opening Waste Anaerobic digestion plant at Millerhill to recover energy content of food waste New 2017 Recycling and Energy Recovery Centre at Millerhill to handle residual waste streams sustainably New 2019 Water and Drainage infrastructure delivery Scottish Water have undertaken three strategic network impact assessments and incorporated the developments contained within the 2017 MLDP. These assessments cover the vast majority of the water and wastewater networks within the Midlothian area. Scottish Water will plan, prepare and deliver the necessary solutions to reinforce our network just ahead of need. Strategic network wastewater and water impact modelling. Modelling assessments completed. Strategic network reinforcement will be delivered just ahead of need Table 8: Future Infrastructure Provision Infrastructure provision Description Estimated Completion Education Formation of new Mayfield Schools Campus to replace to replace Mayfield Nursery School, Mayfield Primary School and St Luke's RC Primary School (note – this project is not related to new development) New 2025 Newbattle High School Extension TBD Replacement Beeslack Secondary School on new site near Bilston New Estimated completion 2027 Additional secondary school capacity to serve Shawfair SDA. New 2027/2028 Additional new primary school capacity to serve Shawfair New 2027/2028 Secondary ASN Unit at Former Mount Esk Nursery as part of Lasswade HS Extension 2024/2025 Bonnyrigg Site Hs12 New Primary School New (subject to review) TBD – subject to review Gorebridge High School (commitment to undertake a land identification study to provide an analysis of possible sites for a school – study underway) Land identification study A site can be safeguarded in MLDP2 Page 141 of 222
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Part 4 – Infrastructure Delivery Page 23 Infrastructure provision Description Estimated Completion Redheugh PS Gorebridge – identified in Midlothian Local Plan (2008), MLDP (2017). LES 2022 indicates this is a project in planning, linked to progress at housing site. New TBD – linked to phasing of h50 and Hs7 Bilston Primary School expansion Extension 2025 Mauricewood Primary School expansion Extension 2026/2027 Transport A720 Sheriffhall Junction Grade Separation Grade separated junction on the A720 City of Edinburgh bypass. Awaiting Scottish Ministers decision. Midlothian Council has collected developer contributions towards this project. Realignment of The Wisp - site access. TBD Link road between A720/A68 junction and B6415/Old Craighall Road. New link road. Part of consented development for Hs1 (ref.17/00408/DPP). Phasing of development and link road subject to planning condition 1. Millerhill Park and Ride (A68 north). New park and ride facility. TBD Linked to Edinburgh Orbital Bus project. A7 safety, active travel and public transport service improvements. Infrastructure and bus service improvements. After 2027. A701 relief road/link to A702 New roads, junctions and active travel infrastructure. Project to be phased, with elements supporting the Midlothian Science Zone given priority. It is expected that the planning application of the A702/ Bush Loan element of the project will be Page 142 of 222
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Part 4 – Infrastructure Delivery Page 24 Infrastructure provision Description Estimated Completion considered in early 2025. Subject to approval, completion is anticipated by the end of 2026. The main phase (the A701 relief road and A702 spur road) is scheduled for delivery in 2028. A preferred alignment was prepared in November 2023. The programme for the road is to take it forward to planning permission stage over the period 2023/24 to 2025/2026. This project also involves creation of an A701 Sustainable Transport Corridor. Road/junction improvements at Pomathorn Road (B6372). Linked to implementation of site AHs4 Junction improvements at A701/access road to Wellington school. Linked to implementation of site AHs5 (ref. 20/00144/DPP and PPA- 290-2060). Potential junction improvements at Straiton/A720 and the A702. Initial discussions for Straiton Junction improvements have taken place with Transport Scotland. Page 143 of 222
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Part 4 – Infrastructure Delivery Page 25 Infrastructure provision Description Estimated Completion B6482 Bryans Road to Gowkshill Link Earlier requirement in development plan was for re-aligned road linked to development area. The approved scheme (ref. 22/00027/PPP) does not include a re-aligned road proposal, but upgrade to existing Crawlees Road included in proposed phase 1 development. Linked to site h38 implementation South Mayfield Distributor New road, linked to development area from 2003 MLP. Included in the approved scheme (ref. 22/00027/PPP) as a ‘Link Road/ Primary Street connecting Bogwood Road and Crawlees Road. Road to be completed in entirety prior to occupation of phase 6 of the development). Linked to site h38 implementation (ref. 22/00027/PPP) A702/ Bush Loan New junction, realignment of approach roads Included as part of wider A701 realignment, this element which supports Midlothian Science Zone given priority. It is expected that the planning application will be considered in early 2025. Subject to approval, completion is Page 144 of 222
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Part 4 – Infrastructure Delivery Page 26 Infrastructure provision Description Estimated Completion anticipated by the end of 2026. A702/ A703 Damhead Junction redesign. These works are being led by Transport Scotland Road Safety and are ongoing. A701/ Graham's Road/ Belwood Road Improved signals TBD Lothian Street/ High Street, Bonnyrigg Improved signals and investigate improved junction design/layout TBD The Wisp/ Millerhill Road Improved junction, likely to involve signal control TBD Sheriffhall park and ride (extension) Park and ride extension. TBD Lothianburn park and ride New park and ride facility. TBD Orbital Bus Route (A720 City Bypass) New bus priority measures and bus routes. Longer Term, Transport Scotland Strategic Transport Project Review (STPR) 2 indicates this amongst the supported projects. Shawfair Infrastructure Ongoing in tandem with development Supported bus services in connection with new development Ongoing in tandem with development Potential rail station at Redheugh A business case has not been produced to show a new rail halt is financially viable or deliverable at this location. Page 145 of 222
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Part 4 – Infrastructure Delivery Page 27 Infrastructure provision Description Estimated Completion An additional rail halt may not be deliverable, in which case developer contributions would be used for alternative transport solutions. Tramline 3 to Dalkeith New tram routes. Longer Term, STPR 2 includes mass transit for South East Scotland as one of the supported projects. Emerging tram route proposals highlighted in Edinburgh City Mobility Plan. Millerhill-Loanhead rail safeguard Majority of route re- purposed for active travel. Planning (Scotland) Act 2019 requires the review of disused railway infrastructure as part of LDP production. A review of this important route will be undertaken as part of the replacement of MLDP 2017 – MLDP2. Infrastructure improvements to complement Borders Rail Active travel infrastructure improvements Ongoing in tandem with residential development Open Space and Green Infrastructure Outdoor Play Equipment – Rosewell New Play Equipment 2024 Roslin Wheeled Sports Facility New Wheeled Sports Facility 2024 Millerhill Park Asphalt/Circular Path New Path 2024 Page 146 of 222
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Part 4 – Infrastructure Delivery Page 28 Infrastructure provision Description Estimated Completion Birkenside Play Equipment New Play Equipment 2024 Welfare Park, Newtongrange Open Space Upgrades 2024 Waste By 2025, provision of a fully commissioned low carbon district heating network to Shawfair Town, capable of expansion into a regional network. New Expected 2025 Water and Drainage Gorebridge Waste Water Treatment Works (WwTW) Growth project, expansion of existing facility to accommodate demand from committed development. Scottish Water expect to deliver enhancements just ahead of need. They will work closely with developers to understand their plans and support connection to the network (this could involve providing an interim solution while projects are ongoing). Rosewell WwTW Growth project, expansion of existing facility to accommodate demand from committed development. Scottish Water expect to deliver enhancements just ahead of need. They will work closely with developers to understand their plans and support connection to the network (this could involve providing an interim solution while projects are ongoing). Roslin WwTW Growth project, expansion of existing facility to Scottish Water expect to deliver enhancements just Page 147 of 222
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Part 4 – Infrastructure Delivery Page 29 Infrastructure provision Description Estimated Completion accommodate demand from committed development. ahead of need. They will work closely with developers to understand their plans and support connection to the network (this could involve providing an interim solution while projects are ongoing). Penicuik WwTW Growth project, expansion of existing facility to accommodate demand from committed development. Scottish Water expect to deliver enhancements just ahead of need. They will work closely with developers to understand their plans and support connection to the network (this could involve providing an interim solution while projects are ongoing). Edinburgh and Lothians Strategic Drainage project Series of actions across Seafield WwTW catchment intended to lower load on Seafield by treating surface water in more sustainable manner Ongoing, not expressly linked to any development site, but to assist in providing capacity for committed and future development in city region. Page 148 of 222
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Page 30 Part 5 – Site Specific Actions Site Specific Actions 17. This section identifies, for each allocated site, the actions necessary to deliver the site, including infrastructure and other requirements. In the first instance these are drawn from MLDP 2017 and are set out in the plan’s settlement statements and the Implementation policies. Policies IMP1 (New Development), IMP2 (Essential Infrastructure Required to Enable New Development to Take Place), IMP3 (Water and Drainage), NRG6 (Community Heating), TRAN2 (Transport Network Interventions) provide the policy basis for the requirements. In some cases, the infrastructure requirements are different now from what was expected when MLDP 2017 was adopted. This is particularly the case in education and in relation to updated Learning Estate Strategy documents. Page 149 of 222
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Part 5 – Site Specific Actions Page 31 Table 9: Site Specific Actions Required to Deliver Sites (Housing and Economic) Site Ref and Name Education Community facilities Green Infrastructure Transport Water and Drainage Waste and Heating Hs0 Cauldcoats (consented, PPP) Additional secondary school capacity. Additional new primary school capacity Sport/ recreation and community facilities. Prior rehabilitation/ decontamination of Niddrie Bing - ground engineering/ stabilisation. Structural landscape/ framework to establish community identity. Green network links. Realignment of The Wisp - site access. Grade separation of Sheriffhall Roundabout. (Borders Rail and The Wisp/A7 junction improvements already carried out) Water and drainage infrastructure as required. Flood Risk Assessment (FRA) was carried out for application 14/00910/PPP Developer (approved in July 2019). Implement district heating/ combined heat and power proposal Developers in the Shawfair area may be required to contribute to this project, as set out in Policy IMP2. Hs1 Newton Farm (Under construction) Additional secondary school capacity. Additional new primary school capacity Sport/recreation and community facilities. Landscaping. Green network planting/footpath/c ycleway. Allotments/ community food production space. Link road between A720/A68 junction and B6415/Old Craighall Road. Connection between link road and phase 2 safeguarded site. Park and Ride site. Grade Water and drainage infrastructure as required. Special provisions required to protect or re-route combined sewer Newton Farm Hs1 (480) pipe crossing site from east to west - subject to layout. Flood Risk Assessment (FRA) Implement district heating/ combined heat and power proposal Developers in the Shawfair area may be required to contribute to this project, as set out in Policy IMP2. Page 150 of 222
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Part 5 – Site Specific Actions Page 32 Site Ref and Name Education Community facilities Green Infrastructure Transport Water and Drainage Waste and Heating separation of Sheriffhall Roundabout. Access and junction improvements, including footpaths and cycleways. and drainage strategy work has been carried out in association with application 17/00408/DPP. Hs2 Larkfield West (under construction) Additional primary school provision. Additional secondary school capacity Structural landscape. Strategic green space/green network links. Access and junction improvements, including footpaths and cycleways. A7 safety, active travel and public transport service improvements. Water and drainage infrastructure to be provided as required. Hs3 Larkfield South West (under construction) Additional primary school provision Additional secondary school capacity Structural landscape. Strategic green space/green network links. Access and junction improvements, including footpaths and cycleways. A7 safety, active travel and public transport service This development has commenced construction, water and drainage infrastructure to be provided as required. Page 151 of 222
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Part 5 – Site Specific Actions Page 33 Site Ref and Name Education Community facilities Green Infrastructure Transport Water and Drainage Waste and Heating improvements. Hs5 Thornybank North, Dalkeith (constrained site) Additional primary school provision Additional secondary school capacity Structural landscape. Strategic green space/green network links. Access and junction improvements, including footpaths and cycleways. Water and drainage infrastructure as required. Hs7 Redheugh West (Phase 2), Gorebridge Additional secondary school capacity required. Additional primary school capacity requirement, potentially in form of new primary school Land required to be safeguard land for community use (may include health facility) Structural landscape. (phase 2), Gorebridge Strategic green space/green network links. Allotments/commu nity food production space. Access and junction improvements, including footpaths and cycleways. MLDP 2017 refers to a potential Redheugh station. For technical reasons this is not likely to be deliverable. Water and drainage infrastructure as required. Scottish Water has identified a need for further growth investment in the 2021-27 regulatory period at the wastewater treatment works serving Gorebridge. Drainage Impact Assessment required to assess impact on network. Early discussions with SW recommended. Flood Risk Assessment (FRA) required and masterplan should consider treatment Page 152 of 222
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Part 5 – Site Specific Actions Page 34 Site Ref and Name Education Community facilities Green Infrastructure Transport Water and Drainage Waste and Heating of buffer strips along water courses. Hs10 Dalhousie Mains, Bonnyrigg (under construction) Site supported by completed expansion of Burnbrae PS, St Mary’s PS, and enhancement to Lasswade HS. Note in preparation of Evidence Report for MLDP2, urgent need for replacement Primary Care facilities at South Bonnyrigg/Rosewe ll was identified by Midlothian Health and Social Care Partnership and NHS Lothian. Structural landscape. Strategic green space/green network links. Access and junction improvements, including footpaths and cycleways. A7 safety, active travel and public transport service improvements. Water and drainage infrastructure as required. Hs11 Dalhousie South, Bonnyrigg (under construction) Site supported by completed expansion of Burnbrae PS, St Mary’s PS, and enhancement to Lasswade HS. Note in preparation of Evidence Report for MLDP2, urgent need for replacement Primary Care facilities at South Bonnyrigg/Rosewe ll was identified by Midlothian Health and Social Care Partnership and NHS Lothian. Structural landscape. Strategic green space/green network links. Access and junction improvements, including footpaths and cycleways. A7 safety, active travel and public transport service improvements. (Borders Rail already carried out) Water and drainage infrastructure as required. There is a 300mm water main located to the south- west of the site. There is also a combined sewer overflow pipe located to the north-east of the site. Page 153 of 222
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Part 5 – Site Specific Actions Page 35 Site Ref and Name Education Community facilities Green Infrastructure Transport Water and Drainage Waste and Heating Hs12 Hopefield Farm 2, Bonnyrigg (minded to consent) Additional Primary School capacity required. Note in preparation of Evidence Report for MLDP2, urgent need for replacement Primary Care facilities at South Bonnyrigg/Rosewe ll was identified by Midlothian Health and Social Care Partnership and NHS Lothian. Structural landscape. Strategic green space/green network links. Allotments/commu nity food production space. Access and junction improvements, including footpaths and cycleways. A7 safety, active travel and public transport service improvements. (Borders Rail already carried out) Water and drainage infrastructure as required. There is a 10" water main located along the path traversing the site, contact with Scottish Water recommended. Hs14 Rosewell North, Rosewell (under construction) Additional primary school capacity required Additional secondary capacity required Note in preparation of Evidence Report for MLDP2, urgent need for replacement Primary Care facilities at South Bonnyrigg/Rosewe ll was identified by Midlothian Health and Social Care Partnership and NHS Lothian. Structural landscape. Strategic green space/green network links. Access and junction improvements, including footpaths and cycleways. (Borders Rail already carried out) Water and drainage infrastructure as required. Scottish Water has identified a need for additional capacity at the wastewater treatment works serving Rosewell, and this project is proceeding through the Scottish Water investment process. There is a 300mm water main located in the north Page 154 of 222
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Part 5 – Site Specific Actions Page 36 Site Ref and Name Education Community facilities Green Infrastructure Transport Water and Drainage Waste and Heating east corner of the site. Hs16 Seafield Road, Bilston (Council is minded to consent subject to legal agreement for a final phase) Additional primary school capacity required - Bilston Primary School expansion Additional secondary school capacity required - Beeslack High School replacement Site to contribute to new community facility that may be part of the new Primary School. Structural landscape. Bilston Strategic green space/green network links. Allotments/commu nity food production space. A701 relief road/link to A702 Bilston. Access and junction improvements, including footpaths and cycleways. Water and drainage infrastructure as required. Water and Drainage Impact Assessments may be required to assess impact of development on network. Flood Risk Assessment (FRA) will be required. The site should be developed with enhanced SUDS and a buffer strip to the watercourse. Hs17 Pentland Plants, by Bilston Additional primary school capacity required - Bilston Primary School expansion Additional secondary school capacity required - Site to contribute to new community facility that may be part of the new Primary School. Structural landscape. Strategic green space/green network links. A701 relief road/link to A702 Bilston Access and junction improvements, including footpaths and cycleways. Water and drainage infrastructure as required. Water and Drainage Impact Assessments may be required to assess impact of development on network. Page 155 of 222
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Part 5 – Site Specific Actions Page 37 Site Ref and Name Education Community facilities Green Infrastructure Transport Water and Drainage Waste and Heating Beeslack High School replacement Hs18 Roslin Institute, Roslin Additional primary school capacity required Additional secondary school capacity required - Beeslack High School replacement Possible extension to Roslin Pavilion. Structural landscape. Strategic green space/green network links. A701 relief road/link to A702 Bilston Access and junction improvements, including footpaths and cycleways. Water and drainage infrastructure as required. Scottish Water has identified a need for further growth investment in the 2021-27 regulatory period at the wastewater treatment works serving Roslin. There is a wastewater pumping station located to the south- east of the site with an additional pumping station located toward the centre of the site with additional pipework. Hs19 Roslin expansion, Roslin Additional primary school capacity required Additional secondary school capacity required - Possible extension to Roslin Pavilion. Structural landscape. Strategic green space/green network links. A701 relief road/link to A702 Bilston Access and junction improvements, including Water and drainage infrastructure as required. Scottish Water has identified a need for further growth investment in the 2021-27 Page 156 of 222
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Part 5 – Site Specific Actions Page 38 Site Ref and Name Education Community facilities Green Infrastructure Transport Water and Drainage Waste and Heating Beeslack High School replacement footpaths and cycleways. regulatory period at the wastewater treatment works serving Roslin. There are two 300mm foul and surface water pipes located onsite Hs20 Auchendinny Additional primary school capacity required - Mauricewood Primary School expansion Additional secondary school capacity required - Beeslack High School replacement Community/leisure facility, as part of new primary school. It is now intended to deliver the primary capacity at Mauricewood. Structural landscape. Strategic green space/green network links. A701 relief road/link to A702. Water and drainage infrastructure as required. Capacity issues at sewage pumping station. Drainage Impact Assessment required to assess impact on both pump stations and identify mitigation measures which may require increasing the capacity of the pumping station. There is a 90mm water main located along the Firth Road. Early contact with Scottish Water recommended. Page 157 of 222
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Part 5 – Site Specific Actions Page 39 Site Ref and Name Education Community facilities Green Infrastructure Transport Water and Drainage Waste and Heating Flood Risk Assessment (FRA) will be required. AHs1 Rosslynlee, by Rosewell Contribution to additional primary and secondary school capacity Contribution to community facilities Structure landscaping and open space and new green network links Contribution to Borders Rail. Access and junction improvements, including for active travel Water and drainage infrastructure as required. AHs2 Burghlee, Loanhead Contribution to additional primary and secondary school capacity Environmental improvements to Burghlee Park. Structure landscaping and open space A701 relief road and A702 link. Access and junction improvements, including for active travel Water and drainage infrastructure as required. AHs3 Belwood Crescent, Penicuik Contribution to additional primary and secondary school capacity Structure landscaping and open space A701 relief road and A702 link. Water and drainage infrastructure as required. AHs4 Pomathorn Mill, Penicuik Contribution to additional primary and secondary school capacity Structure landscaping and open space A701 relief road and A702 link. Road junction improvements at Pomathorn Road (B6372) Water and drainage infrastructure as required. Page 158 of 222
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Part 5 – Site Specific Actions Page 40 Site Ref and Name Education Community facilities Green Infrastructure Transport Water and Drainage Waste and Heating AHs5 Wellington School, by Howgate Contribution to additional primary and secondary school capacity Structure landscaping and open space A701 relief road and A702 link. Improvements to form acceptable access from site to A701 Water and drainage infrastructure as required. h22 Rosewell Mains and h52 Gorton Loan, Roswell Contribution to additional primary and secondary school capacity Contribution to community facilities Structure landscaping and open space and new green network links Junction Improvement A6094/ B7003 Gorton Road Site h52 contributes to Borders Rail. Access and junction improvements, including for active travel Water and drainage infrastructure as required. h24 Newbyres, Gorebridge Contribution to additional primary and secondary school capacity. Contribution to community hub and town centre improvements Structure landscaping and open space, contribution to new green network links Access and junction improvements, including for active travel Water and drainage infrastructure as required. h25 Greenlaw, Penicuik Contribution to additional primary Structure landscaping and open space and Upgraded junction at A702/Mauricewoo Water and drainage infrastructure as required. Page 159 of 222
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Part 5 – Site Specific Actions Page 41 Site Ref and Name Education Community facilities Green Infrastructure Transport Water and Drainage Waste and Heating and secondary school capacity new green network links d Road (new roundabout) Upgrade junction A701/ Mauricewood Road h34 East Newtongrang e Contribution to additional secondary school capacity. Additional primary school capacity Leisure and community facilities Structure landscaping and open space Access and junction improvements, local road improvements Water and drainage infrastructure as required. h35 Lingerwood Contribution to additional secondary school capacity. Additional primary school capacity Leisure and community facilities Structure landscaping and open space Access and junction improvements, local road improvements Water and drainage infrastructure as required. h38 South Mayfield Contribution to additional secondary school capacity. Additional primary school capacity Contribution to improved library provision and community leisure facility (delivered at Newbattle HS) Structure landscaping and open space, new green network links Local road improvement Active travel improvements Water and drainage infrastructure as required. h40 Vogrie Road, Gorebridge Contribution to additional primary Contribution to community hub Structure landscaping and open space Improvements to Lady Brae Water and drainage infrastructure as required. Page 160 of 222
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Part 5 – Site Specific Actions Page 42 Site Ref and Name Education Community facilities Green Infrastructure Transport Water and Drainage Waste and Heating and secondary school capacity. and town centre improvements h41 North Mayfield Contribution to additional secondary school capacity. Additional primary school capacity Improvements to Mayfield Town Centre Structure landscaping and open space Active travel improvements Water and drainage infrastructure as required. h43 Shawfair, h44 North Danderhall and h45 South Danderhall Additional secondary school capacity. Additional primary school capacity Shawfair Town Centre (including community facilities) Sport, recreation and community facilities Community woodland, structural landscaping and Shawfair open space Sheriffhall Junction upgrade Borders Rail including (Shawfair station) – delivered. Water and drainage infrastructure as required. Shawfair SUDS system District Heating, Combined Heat and Power h48 Bryans, Easthouses Contribution to additional secondary school capacity. Additional primary school capacity Improvements to Mayfield Town Centre Structure landscaping and open space Contribution to Borders Rail Active travel improvements Water and drainage infrastructure as required. h49 Dykeneuk, Mayfield Contribution to additional secondary school capacity. Improvements to Mayfield Town Centre Structure landscaping and open space Contribution to Borders Rail Local road improvements Water and drainage infrastructure as required. Page 161 of 222
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Part 5 – Site Specific Actions Page 43 Site Ref and Name Education Community facilities Green Infrastructure Transport Water and Drainage Waste and Heating Additional primary school capacity Active travel improvements h50 Redheugh, Gorebridge New Primary School and contribution to secondary school capacity. Structure landscaping and open space, allotments and space for community food growing Contribution to Borders Rail, including potential Redheugh Station. Note no Business Case has been prepared for new station. Access and junction improvements, including for active travel Water and drainage infrastructure as required. h51 Robertsons Bank, Gorebridge Contribution to additional primary and secondary school capacity Contribution to community hub and town centre improvements Structure landscaping and open space Contribution to Borders Rail Water and drainage infrastructure as required. h54 Ashgrove, Loanhead Contribution to additional primary and secondary school capacity Access and junction improvements, including for active travel Water and drainage infrastructure as required. h55 Seafield Moor Road, Bilton Contribution to additional primary school (Bilston replacing annexe Contribution to community facilities Structure landscaping and open space and Access and junction improvements, Water and drainage infrastructure as required. Page 162 of 222
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Part 5 – Site Specific Actions Page 44 Site Ref and Name Education Community facilities Green Infrastructure Transport Water and Drainage Waste and Heating to Roslin PS) and secondary school capacity new green network links including for active travel h58 North West Penicuik Contribution to additional primary and secondary school capacity Contribution to town centre improvements Structure landscaping and open space and new green network links North West Penicuik link road Water and drainage infrastructure as required. h59 Crichton Road, Pathhead Contribution to secondary school capacity Contribution to community/ leisure facilities Structure landscaping and open space Water and drainage infrastructure as required. h69 Whitehill House, Rosewell Contribution to community facilities Structure landscaping and open space and new green network links Access and junction improvements, including for active travel Water and drainage infrastructure as required. h70 Whitehill House grounds, Roswell Contribution to community facilities Structure landscaping and open space and new green network links Access and junction improvements, including for active travel Water and drainage infrastructure as required. Ec1 Shawfair Park extension, Dalkeith n/a Landscaping as set out in the Shawfair masterplan. Green network - planting/footpath/c ycleway. Access and junction improvements, including footpaths and cycleways. Shawfair Water and drainage infrastructure as required. Drainage Impact Assessment required. Page 163 of 222
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Part 5 – Site Specific Actions Page 45 Site Ref and Name Education Community facilities Green Infrastructure Transport Water and Drainage Waste and Heating Sheriffhall junction upgrade. (Borders Railway, including Shawfair Station, already delivered. Ec2 Salter's Park extension, Dalkeith n/a Structural landscape. Strategic green space/green network links. Water and drainage infrastructure as required. Flood Risk Assessment (FRA) will be required. Ec3 West Straiton Depends on the scale of any housing provided in this mixed use site Additional secondary school capacity required - Beeslack High School replacement. Potential additional primary school capacity required - Structural landscape. Strategic green space/green network links. A701 relief road/link to A702. Access and junction improvements, including footpaths and cycleways. Water and drainage infrastructure as required. Further investigations are required to assess impact on network. Page 164 of 222
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Part 5 – Site Specific Actions Page 46 Site Ref and Name Education Community facilities Green Infrastructure Transport Water and Drainage Waste and Heating No solution identified. Ec4 Ashgrove North, Loanhead n/a Structural landscape. Strategic green space/green network links. Reinforce landscape protection for Straiton Pond Local Nature Reserve. A701 relief road/link to A702. Loanhead. Access and junction improvements, including footpaths and cycleways. Water and drainage infrastructure as required. Further investigations are required to assess impact on network. Ec5 Oatslie Expansion, Roslin n/a Structural landscape. Green network links. A701 relief road/link to A702. Expansion, Roslin Access and junction improvements, including footpaths and cycleways. Water and drainage infrastructure as required. Scottish Water has identified a need for further growth investment in the 2021-2027 regulatory period at Roslin wastewater treatment works. Bt1 Easter Bush North n/a Structural landscape. Green network links. A701 relief road/link to A702. This project includes a new junction at Bush Water and drainage infrastructure as required. West Regional Main runs through the site. Page 165 of 222
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Part 5 – Site Specific Actions Page 47 Site Ref and Name Education Community facilities Green Infrastructure Transport Water and Drainage Waste and Heating Loan/ A702 junction. North Access and junction improvements, including footpaths and cycleways. Scottish Water require a significant way leave surrounding the route of the pipe for maintenance and risk management in the event of failure. Early contact with Scottish Water recommended. Drainage Impact Assessment to assess impact on network and identify mitigation measures. Bt2 Easter Bush South n/a Structural landscape. Green network links. A701 relief road/link to A702. This project includes a new junction at Bush Loan/ A702 junction. North Access and junction improvements, including Water and drainage infrastructure as required. West Regional Main runs through the site. Scottish Water require a significant way leave surrounding the route of the pipe for maintenance and risk management in the event of Page 166 of 222
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Part 5 – Site Specific Actions Page 48 Site Ref and Name Education Community facilities Green Infrastructure Transport Water and Drainage Waste and Heating footpaths and cycleways. failure. Early contact with Scottish Water recommended. Drainage Impact Assessment to assess impact on network and identify mitigation measures required. Bt3 Technopole North n/a Structural landscape. Green network links. A701 relief road/link to A702. This project includes a new junction at Bush Loan/ A702 junction. North Access and junction improvements, including footpaths and cycleways. Water and drainage infrastructure as required. There is critical infrastructure in this area, early contact with Scottish Water on Technopole North Bt3 West is highly recommended. Drainage Impact Assessment to assess impact on network and identify mitigation measures. Mx1 Pentland Studios, West Straiton n/a Structure landscaping to integrate with A701 relief road and A702 link plus potential junction Similar issues to site Ec3. Page 167 of 222
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Part 5 – Site Specific Actions Page 49 Site Ref and Name Education Community facilities Green Infrastructure Transport Water and Drainage Waste and Heating landscaping for site Ec3 improvements at Straiton/A720 and the A702. e11 Hardengreen Structure landscaping and open space Access and junction improvements, including for active travel Water and drainage infrastructure as required. e14 Salter’s Park, Dalkeith Structure landscaping and open space New Green Network links Access and junction improvements, including for active travel Water and drainage infrastructure as required. e16 Hopefield, Bonnyrigg Structure landscaping and open space Access and junction improvements, including for active travel Water and drainage infrastructure as required. e21 Stobhill Road, Newtongrane Structure landscaping and open space Water and drainage infrastructure as required. Water and drainage infrastructure as required. e22 Redheugh, Gorebridge Structure landscaping and open space Access and junction improvements, including for active travel Water and drainage infrastructure as required. Page 168 of 222
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Part 5 – Site Specific Actions Page 50 Site Ref and Name Education Community facilities Green Infrastructure Transport Water and Drainage Waste and Heating e24 Gorton Road, Roswell Structure landscaping and open space Access and junction improvements, including for active travel Water and drainage infrastructure as required. e26 Whitehill Mains, Shawfair Community woodland, structural landscaping and Shawfair open space Water and drainage infrastructure as required. District Heating, Combined Heat and Power e27 (Shawfair Park) Community woodland, structural landscaping and Shawfair open space Water and drainage infrastructure as required. District Heating, Combined Heat and Power e32 Sheriffhall South, Dalkeith Structure landscaping and open space Access and junction improvements, including for active travel Water and drainage infrastructure as required. e33 Ashgrove, Loanhead Structure landscaping and open space, to include re-inforced landscape protection for Access and junction improvements, including for active travel Water and drainage infrastructure as required. Page 169 of 222
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Part 5 – Site Specific Actions Page 51 Site Ref and Name Education Community facilities Green Infrastructure Transport Water and Drainage Waste and Heating Straiton Pond LNR. e34 Oatslie, Roslin Structure landscaping and open space New Green Network links Access and junction improvements, including for active travel Water and drainage infrastructure as required. b6 Easter Bush Structure landscaping and open space Access and junction improvements, including for active travel Water and drainage infrastructure as required. b7 Gowkley Moss North Structure landscaping and open space Access and junction improvements, including for active travel Water and drainage infrastructure as required. b8 Gowkley Moss South Structure landscaping and open space Access and junction improvements, including for active travel Water and drainage infrastructure as required. b9 New Milton Structure landscaping and open space Access and junction improvements, Water and drainage infrastructure as required. Page 170 of 222
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Part 5 – Site Specific Actions Page 52 Site Ref and Name Education Community facilities Green Infrastructure Transport Water and Drainage Waste and Heating including for active travel Page 171 of 222
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Page 53 Part 6 – Policy Actions Policy Actions 18. This section (Table 10) reviews and updates the interpretation and application of the policy framework of the plan. Since MLDP 2017 was adopted, monitoring of the policies has been carried out, to assess how the policies in the plan have been used, and to identify gaps in the plan which require a policy response. NPF4 supersedes many of the policies in the adopted plan, and the Council is considering the scope of its policies for the replacement LDP in this context. The status of Supplementary Guidance (SG) is also addressed in Table 11. Page 172 of 222
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Part 6 – Policy Actions Page 54 Table 10: Policy Framework Policy Purpose Action Responsibility Observations in respect of use of Policy Progress STRAT 1 Committed Development To ensure proposals allocated in the adopted and previous plans are implemented as part of the agreed development strategy. Monitor and report progress of sites via HLA and ELA annual updates, planning application register and building warrant completion certificates. Maintain dialogue with developers to identify any obstacles to progress and agree implementation strategy. Midlothian Council Planning, Sustainable Growth and Investment Service Developers and landowners None HLA 2024 agreed with housebuilders. ELA 2024 completed. Planning Performance Framework 2023- 24. Development Plan Monitoring Group – ongoing. STRAT 2 Windfall Housing Sites To indicate general support for housing development on non-planned sites and the criteria to be used to assess applications. Monitor through HLA process including Homes for Scotland meetings, planning application register and building warrant completion certificates. Midlothian Council Planning, Sustainable Growth and Investment Service None, although note change to windfall policy introduced by NPF4. Ongoing monitoring and annual reporting through HLA. HLA 2024 provides latest position. STRAT 3 Strategic Housing Land Allocations To identify the housing sites which constitute the development plan strategy Monitor through HLA process including Homes for Scotland meetings, planning applications register Midlothian Council Planning, Sustainable Growth and Investment Service Need for more consideration on demand for and location of care homes and wider Ongoing monitoring and annual reporting through HLA. Page 173 of 222
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Part 6 – Policy Actions Page 55 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress and building warrant completion certificates. Maintain dialogue with Homes for Scotland/developers to identify any obstacles to progress and agree implementation strategy. Developers and landowners spectrum of facilities and housing for older people or those with disabilities (also in relation to DEV3). HLA 2024 provides latest position. Ongoing dialogue with site promoters/ developers and Homes for Scotland. STRAT 4 Additional Housing Development Opportunities To identify sites which may come forward over the plan period and which provide additional flexibility. Monitor through HLA process, Homes for Scotland liaison meetings, planning application register and building warrant completion certificates. Midlothian Council Planning, Sustainable Growth and Investment Service None Ongoing monitoring, annual reporting through HLA. HLA 2024 provides latest position. AHs1 has commenced construction. AHs5 is consented. STRAT 5 Strategic Employment Land Allocations To identify the economic sites which constitute the development plan strategy. Monitor and report on progress of sites via ELA annual updates, planning application register Midlothian Council Planning, Sustainable Growth and Investment Service None ELA 2024 prepared. 1.9ha take-up in last year. Ongoing monitoring for next ELA. Page 174 of 222
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Part 6 – Policy Actions Page 56 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress and building warrant completion certificates. Maintain dialogue with developers to identify any obstacles to progress and agree implementation strategy. Analyse economic development and estates enquiry data to identify market needs to inform future planning Developers and landowners DEV1 Community Identity and Coalescence To ensure due consideration is given to the impact of proposed development between existing settlements and communities with the intention to prevent coalescence. Monitor planning applications and advise/liaise with case officers. Midlothian Council Planning, Sustainable Growth and Investment Service The policy has been cited in decision making on a relatively low number of occasions. Discussion with officers has indicated that lack of spatial definition to policy on the proposals maps Ongoing monitoring Page 175 of 222
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Part 6 – Policy Actions Page 57 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress may have contributed to this. DEV2 Protecting Amenity within the Built-Up Area To protect and enhance the amenity of residential areas Monitor planning applications and advice/liaise with case officers Midlothian Council Planning, Sustainable Growth and Investment Service Need for further policy to develop DEV2 (and DEV6), also relationship with place making policies in NPF4. Amongst other things, garden ground and open space standards and sunlight and daylight at new and existing properties, need to be considered. Road safety a ‘gap’ in plan, potential need to anchor more fully in development plan itself, not rely on road standards. This should also consider convenience and safety on non- motorised users, Ongoing monitoring Page 176 of 222
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Part 6 – Policy Actions Page 58 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress including wheelchair and pushchair users. In the case of Trunk Roads, consideration of policy approaches will involve Transport Scotland. Need to incorporate or reflect parking standards in MLDP2. DEV3 Affordable and Specialist Housing To indicate how the Council expects to deliver more affordable housing as part of the development strategy. Former action was to prepare and adopt new SG on Planning Obligations and Affordable Housing. As reported in DPS16 and decided by Midlothian Council no further SG in connection with the adopted plan will be taken forward. Monitor through HLA process, Housing Midlothian Council Planning, Sustainable Growth and Investment Service Registered Social Landlords, Midlothian Council Housing Services Need for more consideration on demand for and location of care homes and wider spectrum of facilities and housing for older or disabled people. Consider if policy position on HMOs required. Monitoring and liaison meetings and annual reporting. Page 177 of 222
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Part 6 – Policy Actions Page 59 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress Service/ RSLs and Homes for Scotland liaison meetings, planning application register and building warrant completion certificates. Consider policy on accessible housing in light of new Scottish Building Standard. Consider provision for gypsy travellers. Progress review of these matters through MLDP2. DEV4 Residential Park Homes To identify residential park homes as part of the range and choice of housing tenures and protect sites from redevelopment pressures. Monitor planning applications in respect of the designated sites and liaise with/advise case officers appropriately. Midlothian Council Planning, Sustainable Growth and Investment Service No matters arising Ongoing monitoring DEV5 Sustainability in New Development Promotes the principles of sustainability in the design and construction of new development. Monitor planning applications, liaise with case officers as required. Midlothian Council Planning, Sustainable Growth and Investment Service No matters arising Ongoing monitoring Page 178 of 222
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Part 6 – Policy Actions Page 60 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress DEV6 Layout and Design of New Development Indicates layout and open space design considerations for new developments. Monitor planning applications, liaise with case officers as required. Midlothian Council Planning, Sustainable Growth and Investment Service Need for further policy to develop DEV6 (and DEV2), also relationship with place making policies in NPF4. Amongst other things, garden ground and open space standards and sunlight and daylight at new and existing properties, need to be considered. Ongoing monitoring. DEV7 Landscaping in New Development Indicates landscape design considerations for new developments. Monitor planning applications, liaise with case officers Former action was to prepare and adopt new SG on Quality of Place. As reported in DPS16 and decided by Midlothian Council no further SG in Midlothian Council Planning, Sustainable Growth and Investment Service No further action in respect of SG No matters arising. Ongoing monitoring. Page 179 of 222
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Part 6 – Policy Actions Page 61 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress connection with the adopted plan will be taken forward. DEV8 Open Spaces A criteria-based policy to protect and enhance identified open spaces. Monitor planning applications, liaise with case officers. Monitor progress of open space strategy action plan. Midlothian Council Planning, Sustainable Growth and Investment Service Midlothian Council Land and Countryside Service Small pockets of amenity space under pressure, possible need for stronger, more all- embracing policy for these areas, maybe linked to more place-based plan. Ongoing monitoring. DEV9 Open Space Standards To identify the open space standards applicable to open space provision in new developments. Monitor planning applications, liaise with case officers and apply standards Midlothian Council Planning, Sustainable Growth and Investment Service No matters arising Ongoing review. DEV10 Outdoor Sports Facilities To protect outdoor sports facilities from alternative use developments. Monitor planning applications, liaise with case officers. Midlothian Council Planning, Sustainable Growth and Investment Service Consider appropriateness of policy and linkages to wider open space and recreation policy, and more place- based new style LDP. Ongoing monitoring. ECON1 To protect established economic sites from Monitor and report progress of sites via Midlothian Council Planning, Sustainable Important to ensure an adequate supply Ongoing monitoring and annual Page 180 of 222
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Part 6 – Policy Actions Page 62 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress Existing Employment Locations redevelopment for alternative non- employment generating uses. ELA annual updates, monitoring planning applications and building warrant completion certificates. Maintain dialogue with developers to identify any obstacles to progress and agree implementation strategy. Dialogue with Economic Development Team to contribute to Economic Development Strategy and reflect strategy in planning practice. Growth and Investment Service Landowners/ developers of cheap accessible sites for start-up companies and other marginal traders. Consider breadth of uses that are acceptable in employment allocations, (but also consider NPF4 Policy 27, and widening of Town Centre first to embrace more uses) reporting (ELA). ECON2 Midlothian Science Zone To protect and promote the Midlothian Science Zone biotechnology cluster as a specialist economic sector. Monitor and report progress of sites via ELA annual updates. Monitor planning applications. Midlothian Council Planning, Sustainable Growth and Investment Service Need to consider Midlothian Science Zone policy, alongside review of the Bush Masterplan. Ongoing, annual reporting through ELA. Recent discussion with Midlothian Page 181 of 222
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Part 6 – Policy Actions Page 63 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress Liaise with Case Officers and economic development colleagues and with the Midlothian Science Zone Steering Group. Science Zone occupiers and landowners as part of MLDP2 Evidence Report preparation. ECON3 Ancillary Development on Business Parks To support the principle of development on Shawfair Park and Salter's Park to provide services to their current and future workforces. Policy provides guidance on type of use(s) and criteria influencing consideration. Monitor and report progress of sites via ELA annual updates, Planning applications and building warrant completion certificates. Midlothian Council Planning, Sustainable Growth and Investment Service Consider breadth of uses that are acceptable in employment allocations, (but also consider NPF4 Policy 27, and widening of Town Centre first to embrace more uses) – also applies to ECON1. Ongoing, annual reporting through ELA. ECON4 Economic Development outwith Established Business and Industrial Sites To provide policy framework for economic development within the defined urban area, where not on a recognised economic development site or location. Monitor and report progress of sites via ELA annual updates, planning applications and building warrant completion certificates. Midlothian Council Planning, Sustainable Growth and Investment Service No matters arising Ongoing, annual reporting through ELA. Page 182 of 222
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Part 6 – Policy Actions Page 64 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress ECON5 Industries with Potentially Damaging Impacts To provide guidance about operations that may have damaging impacts on the environment, human health and the physical fabric, health and wellbeing of communities. Monitor and report progress of sites via ELA annual updates, planning applications and building warrant completion certificates. Midlothian Council Planning, Sustainable Growth and Investment Service Policy not spatially referenced, MLDP review could consider identifying sites where such industries be located. Ongoing, annual reporting through ELA ECON6 Working from Home/Micro Businesses To promote economic growth and reduce the need to travel. Monitor planning applications and building warrant completion certificates. Midlothian Council Planning, Sustainable Growth and Investment Service No matters arising Ongoing ECON7 Further Education Facilities Supports the retention and expansion of further education and adult education facilities. Monitor planning applications. Encourage pre- application discussion on future development/ estate masterplans Midlothian Council Planning, Sustainable Growth and Investment Service Midlothian Council Education Service, Edinburgh College, University of Edinburgh and Newbattle Abbey College Policy unused. Ongoing. Meetings held with Edinburgh College and UoE in 2023 on future aspirations. TRAN1 Sustainable Travel To promote, raise awareness of and prioritise support for alternative travel modes other than the car. Support development close to public transport, liaise with case officers, planning Midlothian Council Planning, Sustainable Growth and Investment Service No matters arising Ongoing monitoring. Midlothian Council Active Travel Page 183 of 222
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Part 6 – Policy Actions Page 65 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress and transport officers on applications and potential transport requirements, ensure proposed developments comply with LDP and emerging replacement Local Transport Strategy. Strategy published 2019, consultation on new strategy carried out 2024. Involve Transport Scotland in any discussions relating to active travel and trunk roads. TRAN2 Transport Network Interventions To identify the transport interventions required to support the LDP strategy (as identified in the LDP DPMTAG appraisal). To safeguard transport schemes agreed as part of the NPF, SDP and/or committed development. Monitor planning application register, liaise with DM Officers and Transport Policy Officers to ensure that requirements are secured. Council to continue to liaise with bus operators and support bus provision were able. Midlothian Council Planning, Sustainable Growth and Investment Service Midlothian Council Transport Service No matters arising Ongoing monitoring. A720 Sheriffhall junction grade separation project has been taken forward as part of City Region Deal and has progressed to Public Inquiry. Decision awaited from Scottish Government. The Council will liaise with Transport Scotland on options Page 184 of 222
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Part 6 – Policy Actions Page 66 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress if grade separation of the Sheriffhall junction is not supported and does not proceed. A701 relief road and A702 link road proposals progressing as part of City Region Deal. There is currently a funding shortfall for the whole project, so it is to be phased with priority given to the Bush Loan/A702 junction; A720/A68 junction link road included in application for site Hs1 (under construction); A7 Urbanisation scheme design work underway/ developer contributions being collected. Page 185 of 222
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Part 6 – Policy Actions Page 67 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress Park and Ride – land set aside for proposed A68 North (Newton Farm) facility (part of consent 17/00408/DPP). Orbital bus route (A720 City Bypass) included in indicative STPR2 maps along with rapid transit routes from Edinburgh to Midlothian; Shawfair infrastructure in progress as part of agreed implementation. Interim Regional Spatial Strategy prepared in tandem with NPF4 preparation. Page 186 of 222
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Part 6 – Policy Actions Page 68 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress TRAN3 Strategic Transport Network To support implementation of the grade separation of Sheriffhall Roundabout. The Public Inquiry has concluded, and the report is with Scottish Ministers. Midlothian Council Planning and Transport Services have been involved through attendance at design consultation workshops and supporting development of Cross Boundary Transport Contributions Framework. Midlothian Council Planning, Sustainable Growth and Investment Service Midlothian Council Transport Services No matters arising Ongoing, await Ministerial decision. TRAN4 Freight To support the principle of freight development and to guide development to locations close to the rail and/or strategic road networks. Monitor planning application register, investigate options at Millerhill Marshalling yards given access improvements created by zero waste facility and prospects generated by the development of Shawfair new Midlothian Council Planning, Sustainable Growth and Investment Service Midlothian Council Transport Service Policy Unused Ongoing with annual review through ELA. Anaerobic Digester (AD) and Recycling and Energy Recovery Centre (RERC) operational, Road widening improvements along Whitehill Page 187 of 222
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Part 6 – Policy Actions Page 69 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress community. Road from junction with Fort Kinnaird Retail Park and waste facility site complete. Approximately 9ha of land to south of RERC available for economic/waste development. TRAN5 Electric Vehicle Charging To support the provision of electric vehicle charging points in new developments and service stations to extend and develop an electric vehicle network to encourage their ownership and use as a contribution to lowering CO2 emissions. Extend charging facilities across council property, monitor planning application register, encourage private developers to consider the issue in pre-planning and planning application process, promote through Community Planning Partnership. Midlothian Council Planning, Sustainable Growth and Investment Service Midlothian Council Transport Services Midlothian Community Planning Partnership No matters arising Ongoing/annual monitoring including within the council's annual climate change reporting duties in respect of its estate. IT1 Digital Infrastructure To support the development of a robust digital communications network to promote economic growth and to Monitor planning applications and liaise with case officers to ensure Midlothian Council Planning, Sustainable Growth and Investment Service No matters arising Ongoing, including as part of the Development Plan Monitoring Group. Page 188 of 222
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Part 6 – Policy Actions Page 70 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress identify criteria to stimulate careful siting, design and operation of such equipment. appropriate conditions/controls are applied. TCR1 Town Centres To support the role of town centres by promoting development which increases their viability and controlling changes of use in them. Prepare SG on, food and drink and other non-retail uses in town centres. Prepare shop-front design guide. Prepare town centre strategies. Monitor planning applications and liaise with case officers to ensure implementation of policy. Midlothian Council Planning, Sustainable Growth and Investment Service Stronger defence of shopfronts from being ‘deadened’ by conversion to uses such as housing, or conversely consideration of need for town centre shrinkage where too big to sustain current level of commercial activity. Consultation with Economic Development and Estates required to consider future needs. Incorporation of NPF4 requirements in relation to fast food or other potentially negative SG adopted in 2019. Gap in town centre health checks since 2019, although vacancy and composition monitoring has been carried out. Shopfront Guidance produced for Dalkeith but not for other centres. Work being carried out between Planning service, Midlothian property and community interests in several town centres. Ongoing monitoring Page 189 of 222
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Part 6 – Policy Actions Page 71 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress uses in town centres or other sensitive areas such as schools. TCR2 Location of New Retail and Commercial Leisure Facilities To set out criteria for locating new retail development, in accordance with town centre first principle and sequential test, and SDP (now superseded). Monitor planning applications and liaise with case officers to ensure implementation of policy. Midlothian Council Planning, Sustainable Growth and Investment Service A stronger town centre first approach for a wider range of uses needs to be considered. NPF4 Policy 27 now widens the range of activities covered by town centre first. More plan led approach to location of neighbourhood convenience shopping facilities. Need to address drive through restaurants (also required by NPF4). Ongoing monitoring VIS1 Tourist Attractions To support the principle of tourist development and protect existing or Monitor planning applications and liaise with case officers to ensure Midlothian Council Planning, Sustainable Growth and Investment Service No matters arising Ongoing monitoring Page 190 of 222
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Part 6 – Policy Actions Page 72 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress consented tourist attractions against adverse impact from other development. implementation of policy. VIS2 Tourist Accommodation To provide criteria to support tourist accommodation proposals and guidance on hotels and self catering accommodation. Monitor planning applications and liaise with case officers to ensure implementation of policy. Midlothian Council Planning, Sustainable Growth and Investment Service Need to consider visitor accommodation policy in rural areas, in regard to small scale facilities (also implications for RD1). Need to be aware of potential for visitor cottages to become standard houses through challenges to conditions, and implications thereof. Need to consider possible STL control policy. Ongoing monitoring VIS3 Midlothian Snowsports Centre To provide support for the development and enhancement of the centre as a 'centre for excellence'. Monitor planning applications and liaise with case officers to ensure Midlothian Council Planning, Sustainable Growth and Investment Service No matters arising The upgrading and enhancement of the snowsports centre was carried out in Page 191 of 222
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Part 6 – Policy Actions Page 73 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress implementation of policy. Midlothian Council Estate Service Sportscotland. 2024. Ongoing monitoring to ensure correct application of policy. MIN1 Areas of Search for Surface Mineral Extraction To define areas of search for sand and gravel and open cast coal extraction and set presumption against extraction outwith these areas. To protect valuable resources from sterilisation by other developments. Monitor planning applications and liaise with case officers to ensure appropriate conditions/controls applied. Liaise with enforcement officers as appropriate. Midlothian Council Planning, Sustainable Growth and Investment Service Industry Bodies Policy unused - no relevant applications (there has been pre- application discussion on aggregates extraction at two of the areas of search). Ongoing monitoring MIN2 Surface Minerals Extraction To define criteria by which the acceptability of mineral extraction proposals are determined. Monitor planning applications and liaise with case officers to ensure appropriate conditions/controls applied. Liaise with enforcement officers as appropriate. Prepare SG on resource extraction. Midlothian Council Planning, Sustainable Growth and Investment Service Industry Bodies No matters arising Ongoing monitoring, including over lifetime of consents and restoration period. Action completed – SG adopted in 2019 MIN3 Onshore Oil and Gas To set policy framework for onshore oil and gas extraction Following Ministerial decision on Midlothian Council Planning, Sustainable Scotland wide ban – policy now redundant. No further action given Scottish Government Page 192 of 222
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Part 6 – Policy Actions Page 74 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress unconventional oil and gas, monitor planning applications and liaise with case officers as appropriate. Prepare SG on resource extraction (in context of Ministerial decision on unconventional oil and gas). Growth and Investment Service decision not to support unconventional gas extraction. SG adopted, but does not address this matter following Scottish Government decision on unconventional oil and gas. RD1 Development in the Countryside To define criteria for general development in the countryside and specific considerations for housing and business development. Revise SG on Housing Development in the Green Belt and Countryside Monitor planning applications and liaise with case officers to ensure appropriate conditions/controls applied. Midlothian Council Planning, Sustainable Growth and Investment Service Review of housing ‘cluster’ policy in countryside. Awareness required of rural brownfield opportunities. More ‘place-based’ approach. Consider future approach to occupancy condition linked Action completed - SG adopted in 2019 Consult Transport Scotland where rural development requires new or improved access from the trunk road network. Page 193 of 222
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Part 6 – Policy Actions Page 75 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress development, in context of NPF4. Consider approach to rural shops, where small scale and offers something of a visitor experience and not in direct competition with town centres. Odour issues and proximity to pipelines have come up in relation to rural development (could affect other areas too), need consideration as potential ‘gaps’. Need to consider policy for former quarry sites, or rural VDL land where no Page 194 of 222
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Part 6 – Policy Actions Page 76 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress restoration condition. RD2 Low Density Rural Housing To set out conditions for housing development at four specific locations in order to bring about environmental enhancement in these areas. Revise SG Monitor planning applications and liaise with case officers to ensure appropriate conditions/controls applied. Establish dialogue with developers to identify any obstacles to progress and agree implementation strategy. Midlothian Council Planning, Sustainable Growth and Investment Service Landowners and developers None Action completed – SG adopted 2020. Ongoing monitoring Ongoing – developer interest and progress at some of the sites. RD3 Pentland Hills Regional Park To protect the Pentland Hills Regional Park from proposals that do not accord with its stated aims and/or the current or future management plans for it. Monitor planning applications and liaise with case officers to ensure appropriate conditions/controls applied. Midlothian Council Planning, Sustainable Growth and Investment Service Pentland Hills Regional Park Authority No matters arising Ongoing monitoring RD4 Country Parks To support development within country parks that is compatible with any management plan and Monitor planning applications and liaise with case officers to ensure Midlothian Council Planning, Sustainable Growth and Investment Service No matters arising Ongoing monitoring Page 195 of 222
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Part 6 – Policy Actions Page 77 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress to further the enjoyment of the park for outdoor recreation and activity. appropriate conditions/controls applied. Liaise with Land and Countryside Services as appropriate. Midlothian Council Land and Countryside Service ENV1 Protection of the Green Belt To protect the green belt and set out criteria to assess development proposals Monitor planning applications and liaise with case officers to ensure appropriate conditions/controls applied. Revise countryside SG to include green belt matters Midlothian Council Planning, Sustainable Growth and Investment Service Most consented planning applications relate to smaller scale proposals such as householder applications, single dwelling houses, camping pods, renovation of existing and erection of new agricultural buildings. Developments consented in Green Belt since last review need to be considered, to ensure that its Ongoing monitoring. Action completed – SG adopted in 2019. Page 196 of 222
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Part 6 – Policy Actions Page 78 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress spatial extent remains rational. Consider Reporter findings in relation to Green Belts, in planning appeals in the area. ENV2 Midlothian Green Network To provide the policy framework for developing the Midlothian Green Network Prepare SG Monitor planning applications and liaise with case officers to ensure appropriate conditions/controls applied. Midlothian Council Planning, Sustainable Growth and Investment Service Midlothian Council Land and Countryside Service SNH, CSGN and landowners/ developers No matters arising Action completed – SG adopted in 2018 ENV3 Newbattle Strategic Greenspace Safeguard To identify a new protected greenspace based around the River South Esk and to set criteria to consider new development in this area (cross reference with policy RD1). Longer term intention to seek a means of creating a Monitor planning applications and liaise with case officers to ensure appropriate conditions/controls applied. Midlothian Council Planning, Sustainable Growth and Investment Service Midlothian Council Land and Countryside Service CSGN and landowners/ developers Considered that Newbattle Strategic Greenspace Safeguard has been successful in its ambition to prevent coalescence. It has received positive feedback from members of the Ongoing monitoring. It is unlikely that further progress on creation of a new country park will come forward in the remaining duration of LDP. This will be a matter for MLDP2 Page 197 of 222
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Part 6 – Policy Actions Page 79 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress new country park as part of the green network. public and has been supported by the Council. ENV4 Prime Agricultural Land To protect prime agricultural land from development and identify criteria to assess development proposals. Monitor planning applications and liaise with case officers to ensure appropriate conditions/controls applied. Midlothian Council Planning, Sustainable Growth and Investment Service No matters arising Ongoing monitoring. ENV5 Peat and Carbon Rich Soil To protect peat and carbon rich soils and minimise release of CO2 emissions from development. Monitor planning applications and liaise with case officers to ensure appropriate conditions/controls applied. Midlothian Council Planning, Sustainable Growth and Investment Service No matters arising Ongoing monitoring. ENV6 Special Landscape Areas Prepare SG and monitor impact. To define conditions when development in SLAs may be permitted. Prepare SG and monitor impact. Monitor planning applications and liaise with case officers to ensure appropriate conditions/controls applied. Midlothian Council Planning, Sustainable Growth and Investment Service No matters arising SG adopted in 2018. Ongoing monitoring. ENV7 Landscape Character To protect landscape character and ensure it is not compromised by Monitor planning applications and liaise with case Midlothian Council Planning, Sustainable No matters arising Ongoing monitoring. Page 198 of 222
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Part 6 – Policy Actions Page 80 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress development, maintaining the distinctiveness of the landscape and enhancing character where it has been weakened. officers to ensure appropriate conditions/controls applied. Growth and Investment Service ENV8 Protection of River Valleys To protect the landscape and character of river valleys. Monitor planning applications and liaise with case officers to ensure appropriate conditions/controls applied. Midlothian Council Planning, Sustainable Growth and Investment Service No matters arising Ongoing monitoring. ENV9 Flooding To prevent new development at risk of flooding or which increases the risk of flooding elsewhere and support implementation of Local Flood Risk Management Plans. Monitor planning applications and liaise with case officers, SEPA, Scottish Water and others as required to ensure appropriate conditions/controls applied. Contribute to preparation of Local Flood Risk Management Plans for the Forth Estuary Flood Risk Management Plan district. Midlothian Council Planning, Sustainable Growth and Investment Service Midlothian Council Transport Service SEPA Scottish Water LFRMP partners No matters arising Ongoing monitoring. Local Flood Risk Management Plan was updated in 2022 (6-year cycle so next LFRMP due in lifetime of MLDP2). Midlothian Council participated in these groups, which led to the production of the Local FRMP for the Page 199 of 222
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Part 6 – Policy Actions Page 81 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress Participate in flood risk management groups. Update Strategic FRA. Former action was to prepare and adopt new SG on Flooding and the Water Environment As reported in DPS16 and decided by Midlothian Council no further SG in connection with the adopted plan will be taken forward. Forth Estuary Flood Risk Management Plan district. A revised SFRA has been prepared in 2024 as part of the MLDP2 Evidence Report Process. No further action on SG. ENV10 Water Environment To ensure that planning decisions contribute to good river basin and water body management. Monitor planning applications and liaise with case officers, SEPA, Scottish Water and others as required to ensure appropriate conditions/controls applied. Midlothian Council Planning, Sustainable Growth and Investment Service SEPA, Scottish Water, landowners and developers, 3rd sector No matters arising Ongoing monitoring Surface Water Management Plans (SWMPs) are an action in the 2022 Local Flood Risk Management Plan (LFRMP). Page 200 of 222
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Part 6 – Policy Actions Page 82 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress Contribute to preparation of Surface Water Management Plans. Contribute to preparation and implementation of River Basin Management Plans for Scotland. Contribute to work of Edinburgh and Lothians Drainage Partnership and community involvement A 3rd River Basin Management Plan was adopted in 2021, covering the period 2021-2027. Midlothian Council is seeking partners to work on pilot projects in district. ENV11 Woodland, Trees and Hedges To establish the principle of protecting established woodland, groups of trees and hedgerows from loss or damage from development. Monitor planning applications and liaise with case officers to ensure appropriate conditions/controls (refer to Scottish Government policy on woodland removal). Midlothian Council Planning, Sustainable Growth and Investment Service Midlothian Council Land Service Scottish Forestry, landowners/developers No matters arising Ongoing monitoring. ENV12 Internationally Important To reinforce the presumption in favour of protecting designated Monitor planning applications and liaise with case Midlothian Council Planning, Sustainable No matters arising Ongoing monitoring. Page 201 of 222
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Part 6 – Policy Actions Page 83 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress Nature Conservation Sites nature sites of national importance and identify a precautionary approach where development impacts are uncertain but may cause irreversible damage officers to ensure appropriate conditions/controls. Prepare Planning Guidance on nature conservation. Growth and Investment Service Planning Guidance adopted 2020. ENV13 Nationally Important Nature Conservation Sites To reinforce the presumption in favour of protecting designated nature sites of national importance and identify a precautionary approach where development impacts are uncertain but may cause irreversible damage. Monitor planning applications and liaise with case officers to ensure appropriate conditions/controls. Prepare Planning Guidance on nature conservation. Midlothian Council Planning, Sustainable Growth and Investment Service No matters arising Ongoing monitoring. Planning Guidance adopted 2020. ENV14 Regionally and Locally Important Nature Conservation Sites Identifies regional and locally important nature conservation sites and reinforces the presumption in favour of protecting them. Monitor planning applications and liaise with case officers to ensure appropriate conditions/controls. Prepare Planning Guidance on nature conservation. Midlothian Council Planning, Sustainable Growth and Investment Service No matters arising Ongoing monitoring. Planning Guidance adopted 2020. Page 202 of 222
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Part 6 – Policy Actions Page 84 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress ENV15 Species and Habitat Protection and Enhancement Identifies the types of assessment required by development that would affect a species protected by European or UK law and the criteria against which applications will be assessed. Identifies that the nature conservation effects of development on habitats of conservation value will be taken into account. Monitor planning applications and liaise with case officers to ensure appropriate conditions/controls. Prepare Planning Guidance on nature conservation. Midlothian Council Planning, Sustainable Growth and Investment Service No matters arising Ongoing monitoring. Planning Guidance adopted 2020. ENV16 Vacant, Derelict and Contaminated Land Provides policy framework for the redevelopment of vacant and derelict land Monitor planning applications and liaise with Officers to ensure appropriate conditions/controls. Reporting on vacant and derelict land in National Planning Improvement Framework. Midlothian Council Planning, Sustainable Growth and Investment Service Midlothian Council Environmental Health and Building Standards Service Need to consider to what extent policy might be strengthened and widened to consider ground stability matters: at present a coal mining risk assessment (CMRA) is required for all applications located in the high risk areas as identified by the Coal Authority, but useful to provide Ongoing monitoring. Annual reporting. Page 203 of 222
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Part 6 – Policy Actions Page 85 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress policy support for this. ENV17 Air Quality To provide a basis for protecting air quality in determining planning applications. Monitor planning applications and liaise with case officers and Environmental Health to ensure appropriate conditions/controls. Contribute to the Council’s Cleaner Air for Scotland Working Group Midlothian Council Planning, Sustainable Growth and Investment Service Midlothian Council Environmental Health Service No matters arising Ongoing monitoring. Limited involvement to date, a Clean Air Policy for Scotland (CAFS) has been adopted and will inform future planning policy. ENV18 Noise Supports decision-making to avoid conflicts between noisy and sensitive uses. Monitor planning applications and liaise with Case Officers and Environmental Health to ensure appropriate conditions/controls applied. Midlothian Council Planning, Sustainable Growth and Investment Service Midlothian Council Environmental Health Service Necessary to consider whether policy ENV18 should be put on more quantitative basis, including reference to required NR curves or other standards (e.g., BS4142 or WHO Health Guidelines) Ongoing monitoring. Page 204 of 222
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Part 6 – Policy Actions Page 86 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress ENV19 Conservation Areas Reinforces the presumption against development that would adversely impact on the character and appearance of the area. Sets out criteria for new buildings, extensions, alterations and demolitions. Monitor planning applications and liaise with case officers and Historic Environment Scotland as appropriate to ensure appropriate conditions/controls applied. Midlothian Council Planning, Sustainable Growth and Investment Service Historic Environment Scotland, East Lothian Archaeology Service (through SLA), Developers Consider new CACAMP documents, these may generate more place-based information or requirements to be reflected in new style LDP. Ongoing monitoring ENV20 Nationally Important Gardens and Designed Landscapes Reinforces the presumption against development that would harm the appearance and setting of a garden or designed landscape included on Historic Environment Scotland's Inventory of sites. Monitor planning applications and liaise with case officers and Historic Environment Scotland when/as appropriate to ensure appropriate conditions/controls applied. Midlothian Council Planning, Sustainable Growth and Investment Service Historic Environment Scotland, East Lothian Archaeology Service, Developers No matters arising Ongoing monitoring ENV21 Nationally Important Historic Battlefields Provides policy basis to protect, conserve and where appropriate enhance the key landscape characteristics and special qualities of sites in Historic Environment Scotland's Inventory of Historic Battlefields. Monitor planning applications and liaise with case officers and Historic Environment Scotland when/as appropriate to ensure appropriate conditions/controls applied. Midlothian Council Planning, Sustainable Growth and Investment Service Historic Environment Scotland, East Lothian Archaeology Service, Developers No matters arising Ongoing monitoring Page 205 of 222
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Part 6 – Policy Actions Page 87 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress ENV22 Listed Buildings Reinforces the presumption against development that would adversely affect the character, appearance or setting of a listed building. Sets out criteria for new development, enabling development, demolitions, extensions/ alterations. and changes of use. Monitor planning applications and liaise with case officers and Historic Environment Scotland when/as appropriate to ensure appropriate conditions/controls applied. Midlothian Council Planning, Sustainable Growth and Investment Service Historic Environment Scotland, East Lothian Archaeology Service, Developers Take on-board the Historic Environment Scotland Interim Guidance and the Final Guidance when available. Ongoing monitoring ENV23 Scheduled Monuments Reinforces the presumption against development that would have an adverse effect on a scheduled site or the integrity of its setting. Monitor planning applications and liaise with case officers and Historic Environment Scotland when/as appropriate to ensure appropriate conditions/controls applied. Midlothian Council Planning, Sustainable Growth and Investment Service Historic Environment Scotland, East Lothian Archaeology Service, Developers No matters arising Ongoing monitoring ENV24 Other Important Archaeological or Historic Sites Reinforces the protection of these sites but outlines criteria against which development would be assessed. Monitor planning applications and liaise with case officers and Historic Environment Scotland when/as appropriate to ensure appropriate Midlothian Council Planning, Sustainable Growth and Investment Service Historic Environment Scotland, East Lothian Archaeology Service, Developers No matters arising Ongoing monitoring Page 206 of 222
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Part 6 – Policy Actions Page 88 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress conditions/controls applied. ENV25 Site Assessment, Evaluation and Recording Outlines the nature and extent of works required where sites may be affected by proposed development. Monitor planning applications and liaise with case officers and Historic Environment Scotland when/as appropriate to ensure appropriate conditions/controls applied. Midlothian Council Planning, Sustainable Growth and Investment Service Historic Environment Scotland, East Lothian Archaeology Service, Developers No matters arising Ongoing monitoring NRG1 Renewable and Local Carbon Energy Projects Identifies support for renewable energy and low carbon technologies in development proposals and identifies criteria to assess applications. Monitor planning applications and liaise with case officers to ensure appropriate conditions/controls applied. Midlothian Council Planning, Sustainable Growth and Investment Service No matters arising Ongoing monitoring NRG2 Wind Energy Identifies the criteria wind energy proposals must satisfy including reference to SG on wind energy development. Monitor planning applications and liaise with case officers to ensure appropriate conditions/controls applied. Midlothian Council Planning, Sustainable Growth and Investment Service. Policy unused for larger wind farms - no determined applications where policy was used (a wind farm application received in 2023 is currently being assessed) Ongoing monitoring Page 207 of 222
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Part 6 – Policy Actions Page 89 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress NRG3 Energy Use and Low and Zero Carbon Generating Technology Encourages sustainable energy use and requires integration of low and zero carbon generating technologies into developments. Monitor planning applications and liaise with case officers and Building Standards Officers as required to ensure appropriate conditions/controls applied. Midlothian Council Planning, Sustainable Growth and Investment Service. Developers Consider Reporter findings in relation to need to connect with heat network, referenced in Wellington School appeal. Ongoing monitoring. NPF4 and revised Building Standards have tended to supersede this policy, particularly the more detailed quantitative elements in associated policy NRG3. NRG4 Interpretation of Policy NRG3 Provides definitions in respect of policy NRG3 and lists exceptions to it. Monitor planning applications and liaise with case officers and Building Standards Officers as required to ensure appropriate conditions/controls applied. Midlothian Council Planning, Sustainable Growth and Investment Service Developers Consider ongoing relevance in face of higher building standards and NPF4. Ongoing monitoring. NPF4 and revised Building Standards have tended to supersede the detailed quantitative elements in this policy. NRG5 Heat Supply Sources and Development with High Heat Demand Promotes the use of waste heat from developments and provides general guidance on Council's approach. Monitor planning applications and liaise with case officers to ensure appropriate advice given. Midlothian Council Planning, Sustainable Growth and Investment Service Developers Policy Unused Ongoing monitoring. RERC at Shawfair identified as the principal heat Page 208 of 222
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Part 6 – Policy Actions Page 90 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress generating source for the proposed community heating network there (NRG6). NRG6 Community Heating Promotes the use of community heating networks. Monitor planning applications and liaise with case officers to ensure appropriate advice given. Investigate and implement community heating vehicles - e.g. energy services company – where appropriate. Former action, to adopt Community Heating SG. Midlothian Council Planning, Sustainable Growth and Investment Service Midlothian Council Resources Service No matters arising Ongoing monitoring Midlothian Council has formed a partnership to promote green energy, including waste heat from RERC. No further action, in line with decision taken in DPS16 not to adopt further SG associated with adopted MLDP. WAST1 New Waste Facilities Supports the development of new waste facilities, provides guidance on locations and reinforces the link to policy NRG5 in respect of reusing waste heat. Monitor planning applications and liaise with case officers to ensure appropriate advice given. Midlothian Council Planning, Sustainable Growth and Investment Service Policy unused Ongoing monitoring Page 209 of 222
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Part 6 – Policy Actions Page 91 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress WAST2 Millerhill Safeguards site for waste management facility at Millerhill and supports further waste-related uses on the adjacent economic land. Monitor planning applications and liaise with case officers and representatives of the waste management sector regarding future opportunities. Midlothian Council Planning, Sustainable Growth and Investment Service No matters arising AD and RERC plants both now operational WAST3 Landfill Reinforces the presumption against new landfill development and identifies criteria to be met by any landfill proposal. Monitor planning applications and liaise with case officers to ensure appropriate conditions/controls applied. Midlothian Council Planning, Sustainable Growth and Investment Service Policy Unused - No relevant applications (increasingly unlikely there will be) Ongoing monitoring WAST4 Operational Waste Site Safeguarding Safeguards operational waste sites from inappropriate nearby development. Monitor planning applications against waste sites identified in SEPA register, liaise with case officers and other services as required. Midlothian Council Planning, Sustainable Growth and Investment Service Policy Unused - Not spatially referenced. Need to consider if enhanced as part of a general waste/industrial site protection policy, with sites indicated in proposals map, or if overtaken by ‘agent of change principle’ Ongoing monitoring Page 210 of 222
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Part 6 – Policy Actions Page 92 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress WAST5 Waste Minimisation and Recycling in New Developments Provides support and guidance for recycling facilities and waste separation facilities within developments. Monitor planning applications and liaise with case officers to ensure appropriate advice given. Midlothian Council Planning, Sustainable Growth and Investment Service Developers Policy Unused - need to consider if policy still required. Ongoing monitoring IMP1 New Development Identifies the use of planning conditions and the possibility of developer contributions to ensure that where new development gives rise to need, appropriate provision is made in respect of matters specified in criteria. Also promotes the use of development briefs and developers. Masterplans to establish the planning and design principles relating to allocated sites. Monitor planning applications and legal agreements, liaise with case officers, and other services to assess impact and progress of planned, committed and windfall development. Prepare masterplans and development briefs. Former action was to review and update Developer Contributions SG. Monitor progress through the Midlothian Council Planning, Sustainable Growth and Investment Service Midlothian Council Education Service Midlothian Council Neighbourhood Services Midlothian Council Housing Service Midlothian Council Resources, Legal and Finance Services Developers No matters arising Ongoing monitoring Page 211 of 222
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Part 6 – Policy Actions Page 93 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress Council's Capital Programming and Asset Management Board. IMP2 Essential Infrastructure Required to Enable New Development to Take Place Identifies the essential infrastructure required to support the delivery of the development strategy in tandem with IMP1. Monitor progress via developer contributions software, Capital Programming and Asset Management Board. Report progress through annual National Planning Improvement Framework. Monitor planning applications and liaise With case officers, the Planning Obligations Lead Officer and other services to assess the impact of planned, committed Midlothian Council Planning, Sustainable Growth and Investment Service Midlothian Council Resources, Legal and Finance Services Developers Infrastructure providers Concern that policy is insufficiently strong in terms of requiring commodious, educationally sound solutions where costs are borne wholly by developer who has initiated the change. Ongoing monitoring Annual update Page 212 of 222
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Part 6 – Policy Actions Page 94 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress and windfall development. Negotiate planning obligations/other legal agreements where appropriate and liaise with legal services and developers. IMP3 Water and Drainage Indicates the approach required by the Council to support development strategy. Report progress through annual National Planning Improvement Framework. Maintain dialogue with applicants and Scottish Water through pre- application and planning application process. Engage with SEPA and Scottish Water at regular liaison meetings. Midlothian Council Planning, Sustainable Growth and Investment Service Scottish Water SEPA No matters arising Annual Ongoing Ongoing Page 213 of 222
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Part 6 – Policy Actions Page 95 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress Former action was to prepare and adopt new SG on Flooding and the Water Environment. As reported in DPS16 and decided by Midlothian Council no further SG in connection with the adopted plan will be taken forward. No further action IMP4 Health Centres Supports the development of new or expanded facilities where there is an identified need. Monitor planning applications and liaise with case officers and Midlothian Health and Social Care Partnership and NHS Lothian to ensure appropriate conditions/controls applied. Midlothian Council Planning, Sustainable Growth and Investment Service NHS Lothian Midlothian Health and Social Care Partnership Policy unused Ongoing monitoring Liaison with Midlothian Health and Social Care Partnership and NHS Lothian IMP5 Emergency Services Support the provision and/or expansion of services to meet growing communities Monitor planning applications and liaise with case officers and emergency Midlothian Council Planning, Sustainable Growth and Investment Service Emergency Services Policy unused Ongoing monitoring Page 214 of 222
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Part 6 – Policy Actions Page 96 Policy Purpose Action Responsibility Observations in respect of use of Policy Progress services to ensure appropriate conditions/controls applied. Page 215 of 222
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Table 11: Status of Supplementary Guidance Supplementary Guidance Status Midlothian Green Network (SG) Adopted Special Landscape Areas (SG) Adopted Resource Extraction (SG) Adopted Development in the Countryside and the Green Belt (SG) Adopted Food and Drink and Other non Retail Uses in Town Centres (SG) Adopted Low Density Rural Housing (SG) Adopted Nature Conservation (PG) Adopted Dalkeith Shop Front Design Guide (PG) Adopted Dalkeith Townscape Heritage Initiative (THI) Adopted Homeowners Guide: 'Repair and Maintenance of Historic Buildings in Dalkeith, Home Owners Guide' (PG) Adopted 19. DPS16 approved by Midlothian Council’s Planning Committee in April 2024, states that the Council does not intend bringing forward further Supplementary Guidance related to MLDP 2017. This allows work to be focussed on the new LDP and reflects the changed planning policy context brought about by NPF4. 20. National Developments. Scottish Government guidance requires the Delivery Programme to help facilitate national development, where relevant. National Developments 5 (Urban Sustainable, Blue and Green Surface Water Management Solutions for places including the Edinburgh City Region and its water catchment areas), 6 (Urban Mass/Rapid Transit Networks for amongst other places the Edinburgh City Region) and 7 (Central Scotland Green Network) have a particular geographic locus relevance in Midlothian. In addition, the following National Developments are described as Scotland wide: 2 (Pumped Hydro Storage), 3 (Strategic Renewable Electricity Generation and Transmission Infrastructure); and 4 (Circular Economy Materials Management Facilities), 8 (National Walking, Cycling and Wheeling Network) and 12 (Digital Fibre Network). National Development 18 (High Speed Rail) could conceivably affect Midlothian depending on route options chosen. 21. The replacement Midlothian LDP will offer an opportunity to consider how these National Developments can be delivered locally. The geographically specific developments 5 and 6 are already supported by the adopted plan, through policies TRAN2 and ENV10. No apparent incompatibility between the adopted MLDP and the NPF4 National Developments has emerged to date. Page 216 of 222
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Midlothian Council Tuesday 1 April 2025 Item No 8.6 CCTV – Phase 1 Upgrade Report by Derek Oliver, Chief Officer – Place Report for Information 1 Recommendations It is recommended that Council notes delivery of the upgrade to public domain closed circuit television (CCTV) assets. 2 Purpose of Report/Executive Summary This report outlines the delivery of the public domain CCTV upgrade project, which was approved by Council in December 2021. Date: 10 March 2025 Report Contact: Wayne Clark, Group Manager - Roads & Transportation Email: Wayne.Clark@midlothian.gov.uk Page 217 of 222
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3 Background 3.1 Midlothian Council’s public domain CCTV installations and assets are the responsibility of Road Services, Street Lighting team. 3.2 The previous CCTV assets were initially installed in 2006 and, with no ongoing maintenance budget, had been degrading over more recent years, eventually becoming inoperative. 3.3 In December 2021, Midlothian Council approved the procurement and installation of Multi-Sensor Cameras across Midlothian CCTV estate and network, augmented by the procurement and use of re-deployable wireless CCTV cameras, to be utilised at locations of interest or hot spot areas for community safety and detecting/deterring anti-social behaviour and environmental crimes. This required the addition of £471,860 to the capital plan in 2021/22 and an addition to the annual revenue budget of £97,622 from 2022/23. 3.4 Following extensive engagement with neighbouring authorities and Police Scotland over the course of 2022, on 31st January 2023, Midlothian Council’s CCTV contract was published on Public Contracts Scotland and on 14 June 2023, the preferred contractor to deliver CCTV public domain fixed asset upgrades was appointed. Fixed assets 3.5 Within Bonnyrigg (8 units), Penicuik (8 units) and Dalkeith (14 units) were upgraded in late 2023/early 2024. 3.6 In 2022, NHS Lothian removed relaxation of parking enforcement towards staff which had been in place since the covid pandemic. This resulted in a high volume of staff being displaced and forced to utilise Sheriffhall park and ride, from where the NHS runs a chartered staff bus. 3.7 Through Winter 2023/24, Councillor and Police Scotland concerns were raised with regards vulnerable user groups utilising the park and ride, poor lighting, non-functioning CCTV and a significant uplift in antisocial behaviour particularly by youths in modified cars. 3.8 In Summer 2024, investment was made at this site to resolve those issues to include ➢ Installation of speed bumps ➢ Installation of improved LED lighting (contributing to energy reduction) ➢ Installation of new, functional CCTV (9 units). 3.9 Project planning was also undertaken in summer 2024 for delivery of Loanhead, Danderhall and Mayfield upgrades. These sites presented engineering challenges due to historic hubs facilities for storage and recording being disposed of, or demolished (Mayfield Leisure Centre, Danderhall Library, Loanhead Police station). Assets are scheduled to be upgraded by financial year end 2025. Page 218 of 222
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Re-deployable CCTV 3.10 The approved project also enabled expansion of deployable CCTV assets (6 units) and the purchase of a CCTV mobile mast trailer, to augment the existing 3 units. 3.11 These re-deployable assets are mobilised on both a proactive and reactive basis and can undertake overt and covert surveillance. Deployment is based on priorities and in liaison with Police Scotland. CCTV in Operation 3.12 The recent upgrade to the CCTV system has significantly enhanced the ability of Police Scotland to conduct investigations and improve community safety. Below are some notable positive results achieved through the use of the upgraded system: i. Improved Investigation Capabilities: The upgraded CCTV system has provided critical support in various investigations, enabling Midlothian Officers to gather real-time evidence and make quicker, more informed decisions. ii. Enhanced Community Safety: With its expanded coverage, the CCTV system has contributed to a safer environment for the community by deterring criminal activity and aiding in the swift identification of offenders. iii. Support for Proactive Policing: Officers have been able to use the upgraded CCTV system to monitor and respond to incidents more effectively, resulting in a timely and well-coordinated police presence throughout the area. 3.14 Below are some examples of when Midlothian Police Officers have utilised the CCTV system: i. High-Level Serious Organised Crime Group (SOCG) Activity in The Lothians and Edinburgh: CCTV provided valuable evidence in the investigation of serious organised crime group (SOCG) activity, helping to identify the route, time, and vehicle descriptions involved in a crime in Midlothian. ii. Attempted Murder Investigation: Following a reported attempted murder, the victim was unable to provide a description of the perpetrator. CCTV footage proved to be a crucial tool in identifying the suspect, who was subsequently located, arrested, cautioned, and charged. iii. Serious Vehicle Collision: Officers monitored live CCTV footage during an ongoing vehicle collision. This allowed Officers to quickly determine the individual at fault and track their movements after leaving the scene. As a result, the suspect was charged with driving under the influence. iv. Youth Anti-Social Behaviour Monitoring: CCTV has played an instrumental role in identifying and addressing youth anti-social behaviour in the community. Officers have successfully used the Page 219 of 222
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footage to demonstrate to parents the activities their children have been engaged in, fostering community awareness and accountability. v. Stolen Vehicle Used in Housebreaking: A vehicle stolen from Fife was used in a housebreaking in Midlothian. After the vehicle broke down on Lauder Road, the perpetrators abandoned it. CCTV footage was pivotal in identifying the suspects, leading to their subsequent arrest. vi. Youth Vandalism: CCTV captured footage of youths throwing stones and wielding hammers towards passersby in both King George V Park and Bonnyrigg High Street. This evidence resulted in the youths being identified, cautioned, and charged. vii. Business Housebreaking: A report of a business housebreaking was quickly addressed through the use of CCTV, which helped to identify the suspects and the time of the offence, aiding in the investigation and subsequently reporting the suspect to the PF. viii. Vehicle Ramming and Police Assault: Officers responded to a vehicle attempting to ram a police car, followed by a foot chase and multiple police assaults. CCTV footage of the incident was crucial in documenting the events for court proceedings. ix. High-Risk Missing Person: A high-risk missing person report prompted the use of CCTV to trace the individual's whereabouts, ensuring their safe return and reducing the associated risks to their wellbeing. 4 Report Implications (Resource, Digital and Risk) 4.1 Resource The Phase 1 project is anticipated to be completed within approved budget. The utilisation of the system has realised significant resource efficiencies for both Midlothian Council and Police Scotland. 4.2 Digital The Digital infrastructure and connections have been upgraded as part of the Phase 1 project. 4.3 Risk Although not a statutory function to provide a CCTV system, the failure to address the deterioration and declining condition of the camera estate increases risks for not aligning with public safety objectives. The investment in CCTV upgrades has therefore mitigated risk and realised: ▪ Enhanced Public Safety ▪ Faster response to emergency situations ▪ Ease of crime investigation and evidence gathering ▪ Real-time monitoring and incident response Page 220 of 222
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▪ Discourages anti-social behaviour and promotes a sense of security in public spaces ▪ Centralised fault monitoring and reporting A Phase 2 consideration will be reported to Council for expansion of the CCTV network to other areas in Midlothian, in consultation with Police Scotland. 4.4 Ensuring Equalities (if required a separate IIA must be completed) Having a properly maintained and operational CCTV system is vital to Midlothian’s community safety. The subject of this report has a positive impact in the environment and as such does not affect the wellbeing of the community or have a significant detrimental impact on equality, the environment or economy. 4.5 Additional Report Implications See Appendix A Page 221 of 222
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APPENDIX A – Report Implications A.1 Key Priorities within the Single Midlothian Plan The route map outlines the phases of service recovery and transformation which will underpin the Single Midlothian Plan. A.2 Key Drivers for Change Key drivers addressed in this report: Holistic Working Hub and Spoke Modern Sustainable Transformational Preventative Asset-based Continuous Improvement One size fits one None of the above A.3 Key Delivery Streams Key delivery streams addressed in this report: One Council Working with you, for you Preventative and Sustainable Efficient and Modern Innovative and Ambitious None of the above A.4 Delivering Best Value The report aims to deliver best value. A.5 Involving Communities and Other Stakeholders Consultation with Police Scotland has been imperative. A.6 Impact on Performance and Outcomes The report aims to measure progress through outcomes. A.7 Adopting a Preventative Approach The report is based on the creation of a wellbeing economy which prioritises prevention, fairness for people, the economy and the environment. A.8 Supporting Sustainable Development New systems consider energy management and utilise sensor technology for utility consumption. Page 222 of 222