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Agenda Document Pack - Midlothian Council - 21/03/2023

Midlothian Council · 21 March 2023
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Page 1

Notice of Meeting and Agenda 
Midlothian Council 
Venue:  Council Chambers, 
Midlothian House, Dalkeith, EH22 1DN 
Date:  Tuesday, 21 March 2023 
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
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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 Midlothian Council 21 February 2023 5 - 28
5.2 Minute Volume Index 29 - 30
5.3 Action Log - Council 21 March 2023 31 - 34 
6          Questions to the Council Leader 
7          Motions
7.1 Motion by Councillor Scott, seconded by Councillor Bowen -
Redacted
35 - 36 
8          Public Reports
8.1 Appointment of Depute Provost of Midlothian Report by Executive
Director, Place
37 - 40
8.2 Midlothian Licensing Board – Appointment of Member Report by
Executive Director, Place
41 - 44
8.3 Proposed Revised Schedule of Meeting Dates for August –
December 2023 Report by Executive Director, Place
45 - 50
8.4 Fees and Charges 2023-24 Report by Executive Director, Place 51 - 80
8.5 Covert Surveillance Report by Executive Director, Place 81 - 116
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8.6 Mavisbank House Report by Executive Director, Place 117 - 128
8.7 Tender Returns – Temporary Units (various) Report by Executive
Director, Place
129 - 142
8.8 Midlothian Pupil Intake August 2023 Report by Executive Director,
Children, Young People and Partnerships
143 - 170
8.9 Scottish Child Abuse Inquiry - Report by Chief Social Work Officer
and Chief Officer Children’s Services, Partnerships and
Communities
171 - 182
8.10 Midlothian Council Football Pitch Needs Assessment Report by
Executive Director, Place
183 - 212
8.11 Gladhouse Reservoir - Clearway Order Report by Executive
Director, Place
213 - 216
8.12 Roads Operations Report by Executive Director, Place 217 - 232
8.13 Midlothian Orbital Route - Case for Change & Preliminary Options
Appraisal Report by Executive Director, Place
233 - 250
8.14 Building Maintenance Service Report by Executive Director, Place 251 - 280
8.15 Beeslack CHS and Penicuik HS LEIP Report – To Follow 
9          Private Reports 
No items for discussion 
10    Date of Next Meeting 
The next meeting will be held on 9 May 2023 
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Minute of Meeting 
Item 
Midlothian Council 
Date Time Venue
21 February 2023 11.00 am Council Chambers, Midlothian House 
Present:
Provost McCall (Chair) Depute Provost McManus
Councillor Parry – Council Leader Councillor Cassidy – Depute Council Leader
Councillor Alexander Councillor Bowen
Councillor Curran Councillor Drummond 
Councillor McEwan Councillor Imrie
Councillor McKenzie Councillor Milligan
Councillor Pottinger Councillor Russell
Councillor Scott Councillor Smaill
Councillor Virgo (video link) Councillor Winchester 
In attendance:
Dr Grace Vickers, Chief Executive  Kevin Anderson, Executive Director Place
Morag Barrow, Joint Director Health
and Social Care
Fiona Robertson, Executive Director
Children, Young People and Partnerships
Alan Turpie, Monitoring Officer David Gladwin, Acting Chief Financial
Officer (Section 95 Officer)
Joan Tranent, Chief Officer
Children’s Services, Partnerships
and Communities 
Fiona Clandillon, Head of Development
Derek Oliver, Chief Officer Place Saty Kaur, Acting Chief Officer Corporate
Solutions
Sinead Urquhart, Education
Executive Business Manager
Michelle Strong, Education Chief Operating
Officer   
Ross Neill, Democratic Services Team Leader (Minutes) 
Janet Ritchie, Democratic Services Officer 
Religious Representatives: 
Item 5.1
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Mrs Elizabeth Morton  Mrs Anne-Marie Lawrie 
1.   Welcome and Apology for Absence 
The Provost welcomed everyone to the meeting, advising that this meeting was
a public meeting and would be webcast live. 
2.  Order of Business 
The Provost made a change to the Order of Business allowing colleagues to
remember and pay tribute to the late Alex Bennett who had previously served
as a Councillor for Midlothian. 
Councillor Parry led tributes to Mr Bennett who served as a Midlothian
Councillor for many years. She passed on her condolences on behalf of all to
the family. She recalled working with Mr Bennett noting the many public causes
he was committed to, in particular those of the mining community. 
Councillor Milligan described Mr Bennett as an inspirational figure to all who
knew him. He added that those sentiments were reflected in the large public
turnout for Mr Bennett’s funeral. 
Councillor Russell and Councillor Curran added their own tributes to Mr
Bennett. 
3.  Declarations of interest   
All groups provided a declaration of transparency in relation to various 3rd
sector and community groups that receive support from individual Councillors. 
4.  Deputations 
Report No. Report Title Report by:
4.1 School Captains of Lasswade High
School - Letter to the Council Mr Gibson and Ms Gilmour
Outline of Report and Summary of Discussion 
The Provost welcomed the Captains of Lasswade and Newbattle High
Schools. She also welcomed all other student representatives, one from each
of the Midlothian schools and invited the two spokes people, Mr Gibson
(Newbattle Community High School) and Ms Gilmour (Lasswade High School)
to address the Council. 
Mr Gibson thanked the Council for allowing him and his fellow students to
attend and speak directly to them. He began by thanking Councillors for
securing the teacher numbers. 
Ms Gilmour spoke about her and her fellow pupils’ concerns and the effect
some of the proposed budget cuts would have on extra-curricular activities.
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She highlighted that these activities were crucial to young peoples’ growth and
development. 
Both speakers raised various concerns about where cuts would be made and
to what service. These included transportation cuts, taxi service cuts and
music tuition. They added that the latter, music tuition, helps to build
confidence and widens horizons, it also allows those pupils from lower income
families access to this type of activity. 
Ms Gilmour stated that underfunding education affects the next generation
and limits options to those who wish to attend further education. 
Both acknowledged the need for producing a balanced budget. Mr Gibson
concluded with a quote from Malcolm X, “Education is the passport to the
future, for tomorrow belongs to those who prepare for it today”. 
Councillor Parry thanked all the young people for attending today. 
There were no questions. 
Decision
All to note
Action
None 
5.  Minutes of Previous Meetings 
Report No. Report Title Report by:
5.1 Minute of Council  Executive Director Place
Outline of Report and Summary of Discussion 
Moved by Councillor Parry 
Seconded by Councillor Cassidy 
Decision
All to note
Action
None 
Report No. Report Title Report by:
5.2 Minute of Special Council 31 January
2023 for approval Executive Director Place
Outline of Report and Summary of Discussion 
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Page 8

Councillor Drummond highlighted for accuracy that during 8.1 (on p.38 and p.39)
Councillor Milligan requested the Council Leader write to the Scottish Finance
Minister to seek a cross party meeting involving trade unions and that Councillor
Parry had confirmed she was happy to do so either through the Business
Transformation Steering Group (BTSG) or via Group Leaders. 
Councillor Smaill noted an inaccuracy on p.38, regarding reference to the article in
the Midlothian Advertiser. He clarified that at the previous meeting he had stated
the article was accurate not inaccurate as currently recorded. The quote was from
an MSP who had said Midlothian been prioritised. 
Minute as amended moved by Councillor Parry
Seconded by Councillor Cassidy
Decision
All to note
Action
Amend Minute for accuracy – Democratic Services 
Report No. Report Title Report by:
5.3 Minute Volume Index Midlothian
Council 21 February 2023 Executive Director Place
Outline of Report and Summary of Discussion 
Moved Councillor Parry
Seconded Councillor Cassidy
Decision
N/a
Action
N/a 
Report No. Report Title Report by:
5.4 PRIVATE Minute Volume Index
Midlothian Council 21 February 2023 Executive Director Place
Outline of Report and Summary of Discussion 
Councillor Milligan raised a concern with the accuracy of the minute. He suggested
to the Provost that as it was in the private minute, he would raise it during the
private section of this meeting. 
Decision
N/a
Action
N/a 
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Report No. Report Title Report by:
5.5 Action Log - Council Executive Director Place
Outline of Report and Summary of Discussion 
No comments
Decision
All to note
Action
None 
6.  Questions to the Leader of the Council 
None 
7.  Notices of Motion 
None 
8.  Reports 
Report No. Report Title Report by:
8.1 Financial Monitoring 2022-23 –
General Fund Revenue Q3 Report Acting Chief Financial Officer
Outline of Report and Summary of Discussion 
The purpose of this report is to provide Council with information on projections of
performance against service revenue budgets in 2022/23 and to provide
commentary on areas of material variance against budget. The projected budget
performance figures as shown in appendix 1 result in a net underspend of £1.592
million for the year which is a £0.150 million improvement on the position at quarter
2 reported to Council on 15th November. The projected underspend is 0.58% of
the revised budget. 
The projected General Fund Balance at 31st March 2023 is £6.049 million, of
which £0.259 million is earmarked for specific use. 
The projection of the General Fund Balance at 31st March 2023 is predicated on
the ongoing financial impact of the Covid-19 pandemic continuing to be met from
the available funding, whether ring fenced for specific purposes, or from general
funding provided.     
Mr Gladwin spoke to the report highlighting key areas, asking Councillors to note
the recommendations before taking questions. 
Councillor Parry thanked Mr Gladwin and his team. She welcomed the report
noting that it highlighted the need for all to focus.  A variance in the cost of the
public holiday proposed this year and the similar public holiday last year was
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queried. Mr Gladwin explained the difference reflected the variation in services that
would be operating during this public holiday. 
Councillor Smaill asked whether or not the winter budget had been used up. Mr
Gladwin confirmed that a small overspend had been projected. The end of year
position will depend on the weather for the remainder of the year. 
Councillor Parry moved the paper
Councillor Cassidy seconded
Decision
Council agreed to :-  
a) Note the projected financial position for the General Fund Reserve in
financial year 2022/23 and the associated risks with projections at this stage
in the year; and otherwise
b) Note the contents of the report.
Action
None 
Report No. Report Title Report by:
8.2 Housing Revenue Account – Revenue
Budget and Capital Plan 2022-23 Q3
Report
Acting Chief Financial Officer
Outline of Report and Summary of Discussion 
The report provides a summary of expenditure and income to the end of quarter 3
in 2022/23 for the Capital Plan and a projected outturn for both the Revenue
Account and Capital Plan for 2022/23. 
It also contains an update on the Capital Plan and Revenue budget 2023/24 -
2025/26 which reflects approval of the recommendation to increase rents by 4.8%
(as presented to Council today in the Housing Revenue Account (HRA) - Rent
Setting Strategy 2023-24 – 2025/26 paper at agenda item 8.3). 
The projected financial performance for 2022/23 is:
• Capital Investment in the year totalling £41.400 million;
• A net overspend of £0.103 million on the Revenue Account;
• A projected HRA general reserve at 31st March 2023 of £31.990 million. 
The HRA Capital Plan 2023/24 - 2025/26 provides for:
• £110.644 million for Phases 2 - 4 of New Build Social Housing;
• £77.640 million for a further Phase 5 of New Social Housing;
• £19.618 million for investment in Energy Efficiency Standards in Social
Housing; and
• £66.425 million for other investment in existing stock and off-market
purchases. 
The Revenue Budget reflects:
• An update of the multi-year financial model;
• A 4.8% rent increase as presented to Council today in the Rent Strategy
paper at agenda item 8.3;
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• A projected HRA Reserve of £35.769 million at 31st March 2024, which will
be required to finance the majority of approved investment commitment
and is projected to reduce to £2.256 million at 31st March 2038. 
Mr Gladwin presented the report noting the key points and figures before
highlighting the recommendations, in particular I and II, then invited questions
from the members. 
Councillor McKenzie congratulated Mr Gladwin and his team noting the current
level of inflation and rises to energy prices affecting the figures. 
Councillor Smaill also thanked Mr Gladwin and his team. He asked if the
projected 1000 new homes target was slipping and could Midlothian still make
this target. Mr Anderson responded that it is projected that 661 homes would be
completed this year. He added however there is the potential that the target will
be missed due to external factors. 
Councillor McKenzie moved the paper
Councillor Milligan seconded 
Decision
Council agreed to :-
I. Approve the Housing Revenue Account (HRA) Capital Plan for 2023/24 -
2025/26 as detailed in Appendix E.
II. Approve the HRA Revenue Budget for 2023/24.
III. Note the indicative HRA Revenue Budget for 2024/25 and 2025/26 as
detailed in Appendix F; and otherwise
IV. Note the remaining contents of this report.
Action
None 
Report No. Report Title Report by:
8.3 Housing Revenue Account – Rent
Setting Strategy 2023-24/ 2025-26
Executive Director Place
Outline of Report and Summary of Discussion 
This report presents the Rent Setting Strategy for Midlothian Council housing from
April 2023 which will support the continuing investment in the Council’s existing
housing stock as well as a significant programme of refurbishment, while also
determining the level of new build investment beyond the Council’s current social
housing programme commitment.   
Mr Anderson spoke to the report highlighting the investment in housing stock and
refurbishment. He added that cost of living considerations feature in the
recommendations and options presented. 
Councillor McKenzie thanked the team, noting the inflation pressures. 
Councillor Curran raised the issue of energy efficiency and the practicality of
retrofitting some of the current housing stock. 
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Mr Anderson responded that various options are being considered and that there
are some properties with challenges to retrofit. These options will be presented
later this year in the Strategic Housing Implementation Plan (SHIP). 
Councillor McKenzie moved the report at 4.8% rise to rent
Councillor Parry seconded 
Decision
Council agreed the Rent Setting Strategy with a 4.8% rise in rent.
Action
None 
Report No. Report Title Report by:
8.4 General Services Capital Plan 2022-23
Quarter 3 Monitoring, and 2023-24 to
2026- 27 Budgets
Acting Chief Financial Officer
Outline of Report and Summary of Discussion 
The report contains an update of the General Services Capital Plan incorporating
information on further additions to the Capital Plan for approval (Section 3); 
• Information on the projected performance against budget for 2022/23
(Section 4); 
• Forecast expenditure and income for the General Services Capital Plan for
2022/23 through to 2026/27 (Section 5) 
• An update on the Capital Fund (Section 6). 
Mr Gladwin spoke to the report explaining further related information was also
contained within 8.8 on the meeting’s agenda. 
There were a number questions from Councillors including the current challenge
presented within the figures and the effects of inflation on funds. Mr Gladwin
confirmed all the figures are scrutinised externally and the challenge is to limit the
impact to manageable levels. 
Councillor Parry moved the report
Councillor McKenzie seconded 
Decision
The Council agreed to:- 
a) Note the inclusion of the projects listed in Section 3.1 in the General
Services Capital Plan;
b) Approve the adjustment to the project expenditure and funding budgets for
the projects as outlined in Section 3.2;
c) Approve the addition of the new projects to the General Services Capital
Plan, as outlined in Section 3.3;
d) Note the forecast outturn for 2022/23 for expenditure, funding and
borrowing as outlined in Section 4;
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e) Note the possible expenditure and funding levels in the General Services
Capital Plan for 2022/23 to 2026/27 (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.
Action
None 
Report No. Report Title Report by:
8.5 Treasury Management and Investment
Strategy 2023-24 and Prudential
Indicators
Acting Chief Financial Officer
Outline of Report and Summary of Discussion 
The purpose of this report to Council is to provide an update on the
implementation of the Council’s Treasury Management and Investment Strategy
(TMIS) 2022/23, and to make recommendations to facilitate consideration of the
2023/24 Strategy, specifically the TMIS for 2023/24, the 2021 update to the
Prudential and Treasury Management Codes, the Prudential and Treasury
indicators contained therein, and the approach to the statutory repayment of loans
fund advances. 
In accordance with the Treasury Management Code of Practice, the annual TMIS
and Prudential Indicators report is required to be adequately scrutinised before
being recommended to the Council.  For Midlothian, this role is undertaken by the
Audit Committee, with this report being presented to Audit Committee on 7
February 2023, and approved as presented. 
Mr Gladwin spoke to the report confirming that the Audit Committee had
scrutinised the strategy. These figures reflect existing services as they operate at
the moment, future changes are inevitable. For decision are the recommendations
A & E. 
Mr Gladwin then invited questions. 
Councillor Parry asked why Midlothian had slipped to 5th in the benchmark across
other Local Authorities noting that previously Midlothian was 1st or 2nd. Mr Gladwin
responded that without knowing or understanding other Local Authority strategies
it would be difficult to say. 
There was a short discussion among members concerning evaluation of future
ethical investments. 
Councillor Parry moved the paper
Councillor Milligan seconded 
Decision
Council agreed to:- 
a) Approve the restriction of the Authorised Limit to the value of the Capital
Financing Requirement at 31 March 2024 (£472.662 million), pending
finalisation of the General Services Capital Plan Prioritisation;
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b) To note the ongoing review in respect of incorporating Environmental,
Social and Governance (ESG) criteria into the decision making process for
making deposits, and that officers will continue to monitor and evaluate
emerging approaches as the marketplace develops;
c) Note that there are no other material changes proposed to the Treasury
Management and Investment Strategy (TMIS) for 2023/24 from the strategy
currently in place, other than to update the Prudential Indicators (Section 5
and Appendix 2), to reflect the revised capital plans;
d) Note the retention of the current approach for the repayment of loans fund
advances as outlined in Section 7; and
e) Accordingly approve the Treasury Management and Investment Strategy for
2023/24.
Action
None 
Report No. Report Title Report by:
8.6 Service Concessions Report Acting Chief Financial Officer
Outline of Report and Summary of Discussion 
This report is to provide Council with information on the changes permitted to how
councils account for the repayment of debt on service concessions and to seek
approval to implement the change. 
Re-profiling of debt in relation to Public-Private Partnerships (PPP) and similar
contracts would mean a retrospective gain of £20.463 million and an annual
benefit of £2.608 million starting in 2023/24 rising to £3.649 million in 2027/28 and 
profiled annually as shown in the “Total (reduction) / cost” column in 
Appendix B. 
While there will be extra costs after the PPP contracts end these can be managed
within budget no longer required to pay for PPP unitary charges. 
As the retrospective benefit is on an accounting basis, in order to use this to spend
on real expenditure items, the council will have to fund this. Funding this will result
in lost interest from short term deposits from short-term surplus cash flow
generated funds and grant receipts in advance, phased depending on the timing of
applying retrospection. 
The approach proposed in this paper demonstrates that implementing the service
concessions guidance is: 
• Affordable – Ongoing costs of repaying debt after the end of the PPP
contract are affordable from the remaining net PPP budget. Any impact of
lost income on deposits can be managed within Loan Charges budgets;
• Sustainable – The Loan Charges Budget can be maintained at close to
current levels and the generation of the retrospective benefit helps sustain
the council budget for a period of time;
• Prudent – the approach better matched the costs of repaying debt to the
useful lives of assets. 
Mr Gladwin introduced the report during which he explained the lifecycle of PPP’s,
drawing attention to the table within the report where this was demonstrated, he
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added that extending their period does come at a cost. He reminded councillors of
the briefing held previously. He concluded that Members were being asked to
approve recommendations A & E, all others were for noting. 
Councillor Parry moved the report and its recommendations. She noted this was a
one off situation and did not add additional cash funding. 
Councillor Pottinger queried whether the time period of Dalkeith School campus
was 25 or 30 years before the asset became Midlothian Councils’. Mr Gladwin and
Mr Turpie concurred that the time period was 30 years. 
Councillor Smaill raised the issue of how we achieve better quality repairs, using
potholes as an example. He asked to discuss out with the meeting with relevant
officers. 
Councillor Smaill seconded the report 
Decision
Council agreed to:- 
a) Approve implementation of the guidance on Service Concession
Arrangements (SCA) as detailed in section 3.1 with effect from 1st April
2023;
b) Note the retrospective benefit of £20.463 million to the end of 2022/23
(section 3.15) and the recurring in year saving of £2.608 million in 2023/24
rising to £3.649 million in 2027/28 recognising that whilst this does not
release cash (contractors do not refund any payments), it means that the
Council’s General Fund Reserve increases;
c) Note that additional costs incurred in years beyond the contract terms of
Public Private Partnership (PPP) arrangements can be met from PPP
unitary charge budget released (section 3.19);
d) Note that the cost of borrowing to access the retrospective funds released
by implementing SCA guidance and also the in-year benefits can be met
from surplus cash flows that are routinely placed on short term deposit in
accordance with the Councils Treasury Management and Investment
Strategy. The cost of this is estimated to be £0.147 million in 2023/24 rising
to £0.795 million in 2027/28 (section 3.24); and
e) Approve that the utilisation of retrospective benefits is applied prudently on
an equal basis over the term of the existing Medium Term Financial
Strategy (MTFS) through to 2027/28 to help delivery of achieving longer
term financial sustainability as approved by the Business Transformation
Steering Group.
Action
None 
Report No. Report Title Report by:
8.7 Medium Term Financial Strategy –
2023-24 to 2027-28 Acting Chief Financial Officer
Outline of Report and Summary of Discussion 
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The main purpose of this report is to provide Council with the budget position for
2023/24 to allow discharge of their statutory duties to set a balanced budget for
2023/24. The report also provides budget projections for financial years 2024/25
through to 2027/28. 
Commentary is provided to members on the latest position on Scottish
Government funding for Midlothian Council in 2023/24 and government timescales
to finalise this. 
Business Transformation Steering Group (BTSG) approved savings proposals and
future planning assumptions around the use of service concession retrospection
partially bridge the budget gap. 
The remaining budget gap for 2023/24, after reflecting BTSG recommendations, is
£7.836 million rising to £27.452 million by 2027/28. Approval of all savings
measures presented in Appendix B reduce the remaining gap to £2.883 million in
2023/24 rising to £18.016 million by 2027/28. 
An increase in Council Tax of 5% in 2023/24 generates additional recurring
income of £2.990 million thus generating a small budget surplus of £0.107 million
in 2023/24 rising to a projected gap in 2027/28 of £15.026 million. 
The budget surplus of £0.107 million is earmarked within the General Fund to
support ongoing transformational work that is crucial to delivering a long term
financially sustainable position for the Council. 
The use of one-off measures to balance the 2023/24 budget does not contribute to
the underlying financial challenge of bridging the gap between recurring
expenditure and income to reach a financially sustainable position for Midlothian
Council. 
Recommendations - 
a) Note that at its meetings of 9th and 14th February 2023 the BTSG further
considered savings measures necessary to support delivery of a balanced
budget for 2023/24;
b) Consider recommendations from BTSG that Council approves:
i. Savings proposals to increase fees and charges income by £0.274
million as detailed at section 3.39 below;
ii. Savings proposals to increase fees and charges by £0.038 million as
detailed at section 3.40 below and in proposal number five in
appendix B;
iii. Removal of small grants of £0.089 million as detailed in proposal
number 31 in appendix B;
iv. The phased application of retrospective service concessions equally
over a five year period with £4.093 million in years 2023/24 to
2026/27 and £4.091 million in 2027/28 (section 3.44). 
c) Approve an allocation to Midlothian Integration Joint Board for 2023/24 of
£57.926 million in respect of delegated services (subject to final
confirmation of the distribution of Scottish Government funding to support
additional cost pressures) (section 3.38);
d) Note that after incorporating BTSG approved measures in recommendation
(b) above that the remaining budget gap for 2023/24 is £7.836 million;
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e) Approve the updated savings proposals of £4.953 million in 2023/24 rising
to a full year impact of £9.436 million in 2025/26 as presented at Appendix
B;
f) Approve an increase in the Band D Council Tax of 5% in 2023/24 thus
generating an additional £2.990 million additional income. Revised Council
Tax bandings are shown at Appendix E;
g) Approve that the remaining budget surplus in 2023/24 of £0.107 million is
set aside to support transformational work required to reach ongoing
financial sustainability;
h) Note that the financial outlook remains challenging for this term of Council
with the projected budget gap of £15.026 million by 2027/28 (Table 7);
i) Note the recommendation of the external Auditor that, “as a matter of
urgency, officers and elected members need to work together to develop
and agree the medium-term financial strategy and progress the Council’s
transformation plans”. The auditor also observed that “The Council
continues to demonstrate good financial management arrangements and
control of the in-year budget, including understanding of the ongoing impact
of Covid and other financial pressures”;
j) Note the latest positon on Scottish Government funding for Local Authorities
and the associated grant settlement for Midlothian Council;
k) Note the outcome from the budget consultation that has taken place as
detailed in appendix D; and
l) Otherwise, note the remainder of the report. 
Amendment to 8.7 agreed at a Special BTSG meeting held earlier that morning
was presented to the Council – 
BUSINESS TRANSFORMATION STEERING GROUP AMENDMENT to 8.7
MEDIUM TERM FINANCIAL STRATEGY 2023-24 TO 2027-28 
1. Accept recommendations a), b), d), f), g) and h) 
2. Delete recommendation c) and e) and replace with the following: The
Cross-Party Business Transformation Steering Group recommend to
Council that the following measures be approved
Remaining Gap per Council
Report 
£m
BTSG 21st February Approved
Proposals 
7.836   
4. Seek to reduce net cost of
benefits by 6%
-0.070 
10. Reduce shrub bed maintenance -0.036 
11. PPP School closures during
holidays
-0.040 
18. Public Toilets closure -0.081 
23.Trading Standards Regional
Collaboration, Efficiencies &
Income Generation
-0.090 
24. Cease the Night Security
Service at Stobhill Depot
-0.150 
25. Remove 5FTE Grade 1
Cleaners
-0.125 
26. Land Services Review -0.075 
35. Third Party Contracts Review -0.500 
37. Admin Review -0.034 
39. 1% DSM Budget -0.400 
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41. Transformation of the School
Week - estimated £1.5m from
24/25
0.000 
47. Continuous Improvement Team -0.028 
48. Internal Audit -0.055 
-1.684
46 Reduction in offer to Midlothian
Integration Joint Board 
-1.333
New BTSG proposed savings  
Communities and Lifelong Learning
Review
-0.250 
Communications  review -0.050 
Parking Fines to achieve full cost
recovery
-0.100 
Roads Maintenance - replace
maintenance costs with £2.5m
capital expenditure per annum for 5
years
-0.300 
Additional Loan Charges from
additional £2.5m Capital Spend
0.037 
-0.663
Gap  4.156
Council Tax increase of 5%  -2.990
Gap  1.166
Pay Flexibilities (up to £1.8m
although need to consider £1.333m
MIJB reduction in this context) 
0.000
Covid Budget (up to £2.5m)  -1.166
Loans Fund Principal (up to £2.9m)  0.000
Balance  0.000 
3. Add a new recommendation 
i) the Cross-Party Business Transformation Steering Group
recommend to Council that the remaining measures outlined in
appendix B (pages 229—300) which are not contained in
recommendation 1 and 2 above be brought back to Council no later
than June 2023 in the form of an updated Medium Term Financial
Strategy Transformation Programme. Members of the Business
Transformation Steering Group recommend that a number of
transformation projects should be delivered at pace in the form of 6
month sprints.
4. Increase Brown Bin Charges to £40 from 2024/25 
Mr Gladwin introduced the report with the main focus on financial year 2023 to
2024 and follows on from reports presented to Council in December 2022 and
January 2023. Mr Gladwin noted the national funding position for Local
Government for 2023/24 and the impact on Midlothian. He highlighted the main
changes of which teachers’ pay was previously not included in the Local
Government finance settlement and Midlothian Council’s share is £656k. He also
referenced the Scottish Governments’ position on maintaining teacher numbers.
Mr Gladwin further explained that Scottish funding figures are not final. The final
figure is expected later this week. Due to the fluidity of current pay negotiations the
budget for 2023/24 carries a higher risk than normal. 
Page 18 of 280

Page 19

Mr Gladwin highlighted the sections of the report that covered the funding gap. Mr
Gladwin referred to the Scottish Government guidance on the amount of funding
for Integrated Joint Boards as stated in the Deputy First Minister’s letter. 
Mr Gladwin also referred to the recent agreement reached at the BTSG meeting, in
which some of savings proposed were agreed. BTSG also recommended the
removal of the savings proposal to reduce teacher numbers as this was now
undeliverable without penalties. He confirmed the public consultation had been
completed. 
Mr Gladwin stated that the current and future financial climate will be very
challenging in the coming years. 
Council was asked to approve – 
Recommendation B to accept the BTSG recommendation
Recommendation C to approve an allocation to the Midlothian Integration Joint
Board
Recommendation E to approve updated budget proposals 
Recommendation F to increase Band D Council tax by 5%
Recommendation G to set aside the small surplus to assist with transformation
work to reach financial sustainability 
Council was asked to note the remaining recommendations. 
Mr Gladwin then invited questions from Councillors. 
Councillor Parry thanked all colleagues for the hard work and the very difficult
decisions that had to be taken. She also thanked the community for their
engagement with the public consultation. Councillor Parry explained that from the
feedback received, and summarised the budget proposals, noting that other
Groups may also wish to reflect on these during the meeting. 
She confirmed that some budget saving proposals put forward by Council Officers
need further work, in some cases this does not mean that they are completely off
the table but that members recognise that they need to find a different way to
deliver that service, work with communities or in some cases take further difficult
decisions. Therefore Councillors feel that proposals to reduce staff in libraries and
school libraries and move to e-books for the next financial year deserve more
thought and they have not taken this saving forward for this financial year. 
Similarly they feel strongly about supporting and working with bus companies to
increase their service to Midlothian, and this work cannot be realised, so in order to
move ahead Council will continue to invest in community transport funding,
supported bus travel and the savings assigned for school and ASN transport this
year have not been taken by Councillors. 
She confirmed that they are acutely aware of the impacts from the third sector from
other proposals such as non-statutory early years funding, these have not been
taken, and while there may be different models of working in the future, that is one
that has not been taken today. She also confirmed that regarding the third sector
funding, to the recipients of the three year grants that are funded up until 2025,
they are not affected by today’s budget.  Members do think the Council can work
towards better models of third sector partnership working but that work will now be
focused ahead of 2025 and a letter of comfort to that effect was sent to recipients
Page 19 of 280

Page 20

of large grants last Friday, however but given the recent misguided or otherwise
publicity on third sector funding, she felt that this was important to point out. 
Councillor Parry went on to say that the Council has an opportunity to increase its
income through advertising revenue and as entrepreneurial group of Councillors,
they have been focused on that work. 
She confirmed that there are some savings proposals where
advertising/sponsorship might be a solution but they cannot be realised for this
year so therefore proposals for school crossing patrols, gala days and Christmas
lights have been removed. Young people are the future of Midlothian as has been
heard so passionately this morning. Young people have said overwhelmingly that
music tuition is important to them so councillors have not taken that saving
proposals forward nor have they removed P4 swimming provision. 
There are some savings that will be taken forward such as transforming the school
week making it fit for modern purposes particularly for senior pupils and to
implement changes in terms and conditions of teacher’s contract time and as Mr
Gladwin set out Council will not take forward the proposal to reduce teacher
numbers today.  On the issue of St Matthew’s Primary School, the Council’s vision
is to have a joint campus with Rosewell Primary and for it to retain its identity and
provision and that is something that can be hopefully explored in the future,
however there is clearly much more work to do on this proposal. Councillors do not
feel like they can take this proposal forward today.   
Other issues that the public fed back included public safety and the environment
so the Council will continue to invest in the Midlothian Community Action Team,
Penicuik recycling centre, grass cutting, Trading Standards and Midlothian
Rangers this year, instead Council has targeted Land Services for a budget
reduction. As Midlothian is still recovering from Covid and still fully need to
investigate what impact this has had on the leisure facilities as well as increased
competition in some places, Council will continue to investigate in Gorebridge and
Newtongrange leisure facilities as well as remove the proposal to reduce overtime. 
Councillor Parry confirmed the other proposals not taken forward today include out
of hours gritting and Dalkeith Bowling Club saving reductions. As part of the cross
party amendment agreement was to take forward saving proposals on PPP school
closures during school holidays, public toilets, night security, third party contract
review, 1% DSM budget and remove the continuous improvement team and
internal audit vacancies. Other saving proposals have been added from the cross
party working discussions for example parking fines to achieve full recovery.  The
removal of these proposals must however be balanced financially within the
restraints of our budget and so it is proposed to increase Council Tax by 5%.
The Council will continue to fund the welfare rights services.   
Councillor Parry moved the amendment. 
Councillor Milligan stated this was the most challenging budget in his career. He
added that many of the cuts were being delayed, he felt by 2027/28 those cuts
would far larger. He commended the pupils from the school delegation. He spoke
of the income that Midlothian receives, 77% of which is the Council grant. He
stressed the need to focus on urging the Scottish Government to properly fund
Midlothian Council. 
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Page 21

Councillor Milligan raised the issue of certain sectors within the budget being ring
fenced and the severe impact this had on other services the Council provides. He
felt there would be a need to work closely with 3rd sector partners as no one wants
to see any of them disappear. He thanked Mr Gladwin and his team for their work,
he commended fellow councillors for their work, reiterating that all parties must
continue to work together alongside MSP colleagues to push that Midlothian
receives fair funding. 
Councillor Milligan seconded the amendment and also asked Council to note that
the additional £2.5 million capital was for road and land services. 
Councillor Virgo addressed the chamber via video link. He thanked his fellow
leaders and concurred with much that had already been said. He stated that the
budget and savings today would provide time to develop greater efficiencies in the
services delivered. Councillor Virgo added that all members shared a commitment
for Midlothian to continue to be a great place to live. 
Mr Turpie clarified that the expectation of the Integrated Joint Board proposal
would be a reduction in the offer not an expectation of a variation during the
financial year, citing clause 9.9 of the Integration scheme. 
Councillor Parry confirmed this had been discussed earlier at the BTSG and all
present understood. 
Mr Gladwin referred to the BTSG amendment that noted recommendation G was
to be deleted. 
Councillor Winchester noted her disagreement with the £1.3 million to be withheld
from the Midlothian Integrated Joint Board (MIJB), she felt this would create
problems in the future and she wished her dissent on this point to be noted. 
Councillor Smaill also wished his dissent raising his concern that the budget did
not reflect the reality of the Hillend investment. 
The Provost added her thanks to Mr Gladwin and his team for all the work they
have done. 
Decision
Council agreed :- 
As per the amendment 
Action
The Cross-Party Business Transformation Steering Group recommend to Council
that the remaining measures outlined in appendix B (pages 229—300), which are
not contained in recommendation 1 and 2 in the amendment be brought back to
Council no later than June 2023. This will take the form of an updated Medium
Term Financial Strategy Transformation Programme. 
Report No. Report Title Report by:
8.8 Capital Plan Prioritisation – Update
Report
Executive Director Place
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Page 22

Outline of Report and Summary of Discussion 
This report sets out the requirement to reduce the level of Prudential Borrowing
required to support the delivery of the approved capital plan. The report sets out
the collaborative process that has been taken to review and prioritise the Capital
Plan and the outcomes of this process. With a target of £71.901m of Prudential
Borrowing reduction, the prioritisation process has removed, or deferred, the
requirement to borrow £10.604m against the above target to date. 
Mr Anderson introduced the report and methodology adopted in the ranking
exercise, adding that further work needed to be done for prioritisation decisions to
achieve the target, he then deferred to Ms Clandillon. 
Ms Clandillon spoke to the report noting the achievement of a reduction in capital
expenditure of £10.6 million. There is ongoing work with services to reduce the
loan charge cost to 3%, adding this was an ambitious target. In terms of the capital
plan there were requirements that needed to be delivered, in particular those with
statutory requirements attached. 
Councillor Imrie asked about the imminent report on further work and would it be
ready for March, as these costs would have an impact on further decisions. Mr
Anderson acknowledged the impact that report would have, responding that it was
not feasible to have a report ready for March Council. 
Councillor Scott suggested a more creative approach to capital projects by moving
small short term projects forward while larger ones are on hold. She gave
examples of sound proofing for schools and Additional Special Needs (ASN)
provision facilities. Councillor Scott added that there was an argument for
purchasing land now to facilitate some of these smaller projects. 
Councillor Smaill asked about the outstanding statutory obligations, asking what
projects needed to be carried out and which did not. He welcomed a further report
on this as soon as possible. 
Mr Anderson stated that the paper could be considered further at BTSG, part of
which would lend itself to statutory considerations. 
Responding to questions Ms Clandillon confirmed Dalkeith Town Centre
Regeneration was not in the capital plan as it was not yet a costed, approved
project. A strategy would be presented to May Council. 
After further discussion concerning roads upgrades, Mr Anderson cautioned
councillors that there would need to some reflection on today’s decisions in the
preceding Medium Term Financial Strategy report approval. 
Councillor Parry moved to accept the report  
Councillor Cassidy seconded 
Decision
Council agreed to :- 
1. Note that the Council is required, by the CIPFA 2021 Prudential Code, to
have capital plans that are affordable, prudent, sustainable and
proportionate to the authority’s overall financial capacity;
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Page 23

2. Note that in order to deliver a capital plan in line with the requirements of
the Prudential Code, a review of all projects in the General Services Capital
Plan has been undertaken;
3. Note the prioritisation process that has been implemented and applied as
outlined in this report, in order to reduce the possible levels of Prudential
Borrowing within the plan and the associated Loan Charges arising from
capital investment between the years 2023/24 to 2027/28.
4. Approve the deletion, pause or deferral of the capital projects and
adjustment of block budgets identified in this prioritisation process at Table
16.
5. Note that based on the outcome of this prioritisation process, the Loan
Charges as set out in Table 18 of this report are still expected to exceed
what was deemed as affordable in the Medium Term Financial Strategy by
£1.0m, £3.1m, £3.5m and£3.6m respectively between the years 2024/25 -
2027/28; and
6. Note that the Loan Charges forecasts are significantly higher with the
inclusion of any future approvals of planned Learning Estate Strategy
projects, as outlined in Table 19 of this report.
7. Agree the prioritisation methodology contained within this report and
support through BTSG a further round of prioritisation within the General
Services Capital Plan to achieve the targeted Prudential Borrowing
reduction of £71.901m between 2023/24 to 2027/28.
Action
Report back to a future Council – Executive Director Place 
Report No. Report Title Report by:
8.9 National Public Holiday for HM The
King’s Coronation
Executive Director Place
Outline of Report and Summary of Discussion 
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Page 24

With the Scottish Government confirming an additional bank holiday, consideration
needs to be given to whether the additional day should be recognised locally.   
Convention of Scottish Local Authorities (CoSLA) has advised that it is unlikely to
provide guidance on this, as leave is a matter for local determination by each
Council. If guidance is provided it is likely to be flexible and retain local
determination, in line with guidance for the recent Jubilee. 
Bank holidays or local public holidays do not have to be given as paid leave as
these can be included as part of a worker’s statutory annual leave and the
approach to be taken is for each local authority to determine. Consequently
options for members to consider are: 
• offering an additional fixed day, or
• offering an additional public holiday onto annual leave entitlement, or
• making no adjustment to holidays for the Coronation 
Mr Anderson spoke to the report noting the options within the recommendations. 
Councillor Parry stated that despite being uncomfortable about the expense she
would support the report. 
Councillor Parry moved to accept the report 
Councillor Smaill seconded
Decision
Council agreed :-
The introduction of 8th May, 2023 as a public holiday, in light of the announced
national bank holiday on that date to mark the Coronation of His Majesty King
Charles lII, which will take place on Saturday 6th May, 2023.
Action
Progress the exceptional school closure request for the day from the Scottish
Government - Executive Director Children, Young People and Partnerships 
Report No. Report Title Report by:
8.10 Edinburgh and South East Scotland
City Region Deal Regional Prosperity
Framework Delivery Plan
Executive Director Place
Outline of Report and Summary of Discussion 
The Regional Prosperity Framework Delivery Plan is the articulation of the next
phase of the development of the regional economy, building upon the successes
of the City Region Deal. It sets out a prospectus for investment which can deliver
on the City Region’s ambitions to become the data capital of Europe; support
inclusive growth; and a just transition to a net zero economy over the next 20
years. 
The document is a live document that will be updated every 12 months to reflect
changes to the local, regional, and macro economy and to   ensure that regional
activity can react and remain relevant to city region partners. The full Delivery Plan
can be found in Appendix 1.  Over the next 12 months four key programme areas
have been identified: 
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Page 25

• Green Regeneration of the Forth Estuary;
• Infrastructure & Recovery;
• Visitor Economy & Culture; and
• Data-Driven Innovation 
To realise the ambitions of the Delivery Plan, Regional Partners will ask both the
Scottish and UK Governments to: 
• Commit to work in tripartite (UKG/SG/ESES) partnership to progress the
Delivery Programme which is aligned with Scotland’s National Strategy for
Economic Transformation and UK Government Levelling Up and Shared
Prosperity priorities; and
• For our Delivery Plan to be supported through a medium to long term,
integrated, place-based funding allocation based on shared outcomes. ,
• For approval by the other five constituent Local Authorities in the region
ahead of the meeting of the Edinburgh and South East Scotland City
Region Joint Committee on 3 March 2023. Subject to the necessary
approvals at the above committees, regional partners will undertake the
following:
• Ask both the Scottish and UK Governments to commit to work in tripartite
(UKG/SG/ESES) partnership to progress the Delivery Programme which is
aligned with Scotland’s National Strategy for Economic Transformation and
UK Government Levelling Up and Shared Prosperity priorities. 
• Ask for our Delivery Plan to be supported through a medium to long term,
integrated, place-based funding allocation based on shared outcomes. 
Mr Anderson introduced the report noting there was no financial commitments for
the council and that the paper was for approval.
Councillor Imrie spoke of the long journey to get here commending the work of the
oversight committee who meet regularly. He stated this was for the benefit of
Midlothian to create a visitor economy and the data driven innovations that may
provide thousands with future employment at the Easter Bush estate. A recent UK
delegation stated the City Deal met with their own vision of Scotland. Contributions
by the education and the private economic sector had been very encouraging.
Councillor Imrie moved to accept the report 
Councillor Parry seconded
Decision
Council agreed to :- 
Approve the Regional Prosperity Framework Delivery Plan draft (RPF) as included
in Appendix 1; and
Note that the Delivery Plan will be considered by the other five constituent Local
Authorities in the Edinburgh and South East Scotland City Region (ESESCR)
ahead of the ESESCR Joint Committee meeting on 3 March 2023.
Action
None 
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Page 26

Report No. Report Title Report by:
8.11 UK Shared Prosperity Fund  Education Chief Operating 
Officer
Outline of Report and Summary of Discussion 
The Oversight Board agreed at its meeting on 21 September 2022 that part of its
remit is to ensure governance for the funding recommendations to be presented
for final approval. 
This funding round addressed three of the four investment priorities; Communities
and Place, People and Skills and Multiply.   
The supporting local business investment priority will be taken forward on a
different basis as per the approved investment plan. 
The funding panel has considered and scored the applications and made
recommendations. 
Ms Strong spoke to the report highlighting each of the recommendations for noting
and approval in turn. 
No questions.
Decision
Council agreed :- 
Approve the outcome of the funding panel’s decisions as detailed in Appendix 1 for
17 organisations totalling £1,826,811 revenue and £174,276 capital expenditure
over 3 years, including 3 Midlothian Council projects. 
Approve the disbursement of funds for Year 1 as per original applications. 
Note that an additional round of funding/tender will be conducted in the new
financial year and will include Economic Development. 
Note the £20,000 for preparing the investment plan will be split proportionately
between the Council and the Third Sector Interface (TSI) £5,000.
Action
None 
Report No. Report Title Report by:
8.12 Building Maintenance Service -
Dampness & Condensation Policy
Report
Chief Officer Place
Outline of Report and Summary of Discussion 
The purpose of this report is to outline service activities and improvements being
implemented; and to seek Council approval for a new policy to tackle dampness
and condensation within our domestic properties as part of our ongoing
approaches to protect the health and wellbeing of our council tenants. 
Mr Oliver spoke to the report asking the Council to note the recommendations and
approve the new policy. 
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Page 27

Councillor McKenzie acknowledged that the policy contained responsibility for both
the Council and the tenant. 
Councillor McKenzie moved to accept the paper and the new policy 
Responding to questions Mr Anderson confirmed the tenant handbook would be
updated to reflect the changes within the new policy. 
Responding to further questions Mr Oliver confirmed extra resources had been
brought into deal with blocked drains and guttering. He added the previous back
log had almost been cleared. 
Councillor McEwan seconded 
Decision
Council agreed to :- 
Note the Council’s approach in responding to tenant enquiries or requests for
inspections regarding dampness and condensation. 
Note that the Council implemented sensor technology in 2022 to monitor damp
and condensation as outlined in section 6. 
Approve the new Dampness and Condensation Policy.
Action
Tenant handbook would be updated to reflect the changes within the new policy -
Executive Director Place 
Public section of the meeting concluded at 1.11pm 
Date of Next Meeting 
The next meeting will be held on Tuesday 21 March 2023 at 11am 
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Page 28

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Page 29

Midlothian Council Minute Volume 
Presented to the Meeting
of Midlothian Council
on Tuesday, 21 March 2023 
Item 5.2
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Page 30

1           Minutes of Meetings submitted for Approval 
2           Minutes of Meetings submitted for Consideration 
Minute for Consideration 
Minute of Audit Committee 07 February 2023 3 - 8 
Minute of Cabinet - 29 November 2022 9 - 14 
Planning Minute - 10 January 2023_Public 15 - 20 
Local Review Body Minute - 23 January 2023 21 - 24 
3          Minutes of Meetings submitted for Information 
Minute for Information 
Midlothian Integration Joint Board 13 October 2022 25 - 34 
Midlothian Integration Joint Board 15 December 2022 35 - 44 
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Page 31

Action Log 
No Subject Date Action Action Owner Expected
completion
date
Comments
1 Minute action -
prospective crematorium
development.
16/11/2021 Scope potential suitable sites
for prospective crematorium
development.
Chief Officer
Place
February 2023 Report deferred to Council
in May 2023.
2 Motion Amendment –
Loanhead  Football
Club
16/11/2021 Update the Sports Needs
Assessment from 2016 and
report to future council
meeting
Head of Adult
Social Care/
Sport & Leisure
Manager 
December 2022 Completed
Report to Council on
March 2023 agenda.
3 Motion - Infrastructure  14/12/2021 Report to Council Strategic
Investment Framework 
Executive
Director Place
May 2023 Strategic Infrastructure
Investment Framework 2nd
stage now concluded and
full report shall be
presented to Council
when available.
4 Minute Action - CCTV 14/12/2021 To provide a report outlining
an expansion of sites for
CCTV
Chief Officer
Place
Update for
council
Phase 2 expansion needs
further consideration with
a report deferred to
Council in Q2 2023/24.
5 Minute Action –
Improving energy
efficiency by tackling
dampness,
condensation and
improving ventilation 
15/02/2022 a) Provide a report to
Council 
Additional Report –
b) Update on Current
Chief Officer
Place
February 2023 a) Completed
Dampness and
Condensation report
approved at February
2023 Council. Building
Midlothian Council 
21 March 2023   
Item 5.3
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Page 32

No Subject Date Action Action Owner Expected
completion
date
Comments
Housing Stock that will
not meet Energy
Efficiency Targets
Maintenance Service
standards and report on
March 2023 agenda. 
b) Included in Strategic
Housing Investment
Plan (SHIP) report to
Council later in 2023 
6 Arm’s Length Company
to Manage Industrial
Sites in Midlothian 
28/06/2022 Explore and outline process
for creating an Arm’s length
company 
Head of
Development
February 2023 Work progressing on
report deferred to Council
in May 2023.
7 Briefing - Trauma
Informed practice
23/08/2022 Members Briefing on Trauma
Practice and Mental Health
First Aid 
Head of Adult
Services
TBC Trauma training will be
arranged when Trauma
Lead is in post
(recruitment currently in
process). Mental Health
Training can be provided
by Health in Mind who can
design bespoke half day
training for elected
members. Confirmation of
date required and then
can be arranged with
Health in Mind.
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Page 33

No Subject Date Action Action Owner Expected
completion
date
Comments
8 Minute of Special
Council 31 January
2023 
21/02/2023 Amend Minute for Accuracy –
• Clarify the Council
Leader write to the
Finance Minister to
seek a cross party
meeting and that
Councillor Parry had
confirmed she was
happy to do so either
through BTSG or via
Group leaders
• Minute p.38, the article
referred to in the
Midlothian Advertiser
was in fact accurate, 
the quote was from
the MSP and had
highlighted Midlothian
had been prioritised
Democratic
Services
March 2023 Completed
9 PRIVATE Minute
Volume Index
Midlothian Council 21
February 2023
21/02/2023 Amend the minute to
accurately reflect Councillor
Milligan’s position. 
Democratic
Services
March 2023 Completed 
10 Non-Domestic Rates
Charging and Relief
Policy
21/02/2023 Provide further information
on why certain organisations
qualify for a discount.
Acting Chief
Officer
Corporate
Solutions
March 2023 Completed 
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Page 34

No Subject Date Action Action Owner Expected
completion
date
Comments
11 Minute from 21
February 2023
21/02/2023 The Cross-Party Business
Transformation Steering
Group recommend that the
remaining measures be
brought back to Council in
the form of an updated
Medium Term Financial
Strategy Transformation
Programme.
All lead officers June 2023 
12 Capital Plan
Prioritisation
21/02/2023 Refer approved Council
report to BTSG on additional
affordability scope and
projects.
Executive
Director Place
May 2023 Submit to BTSG
13 National Public Holiday
for HM The King’s
Coronation
21/02/2023 Progress the exceptional
school closure request for the
day from the Scottish
Government - 
Executive
Director
Children, Young
People and
Partnerships
April 2023 Completed
14 Building Maintenance
Service - Dampness &
Condensation Policy
Report
21/02/2023 Tenant handbook would be
updated to reflect the
changes within the new
policy 
Executive
Director Place
April 2023 Tenant handbook update
yet to be completed.
Repairs website
information updated
meantime. 
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Page 35

Scottish National Party
Midlothian Council
Tuesday 21st March 2023
Notice of Motion
Midlothian Council would like to thank Gorebridge and District Environmental
Group [GADEG] for all their hard work since 2004 in litter picking in the
Gorebridge area.  Special thanks is given to Lorna and Bill Crook and to all the
members of the group who have kept litter picking in all weathers since 2014
when Mr Bill Innes the founder of the group retired.
The group have also been responsible for maintaining the Circular Walk around
Gorebridge and although it is therefore with sadness Midlothian Council notes
the group has recently dissolved, Midlothian Council notes with gratitude all
they have done.
It is noted that the members have not hung up their litter pickers quite yet and
will continue to litter pick on a more informal basis around Gorebridge.
Midlothian Council would like to thank past and present members who have
given their time, dedication and commitment to helping the Gorebridge
Community and would like to wish everyone well in the future.
Moved:
Councillor Ellen Scott Councillor Douglas Bowen
Seconded:
Item 7.1
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Midlothian Council
Tuesday 21 March 2023   
Appointment of Depute Provost of Midlothian 
Report by Kevin Anderson, Executive Director, Place 
Report for Decision 
1 Recommendation
The Council are invited to 
(a) note the resignation of Councillor McManus from the role of
Depute Provost; 
(b) appoint a replacement Depute Provost of Midlothian; and 
(c) dependent on the identity of the new Depute Provost, consider the
consequent appointments proposed by the Administration. 
2 Purpose of Report/Executive Summary 
This report seeks the election of a replacement Depute Provost. It is
understood that the Administration propose to nominate Councillor
Bowen to the role. Should Councillor Bowen be appointed the
Administration would then propose a number of consequent
amendments, as detailed in paragraphs 3.2 and 3.3 below, to ensure
there is no gap in the governance of the Council. 
Date:  09 March 2023
Report Contact: Alan Turpie, Legal and Governance Manager 
Email:  alan.turpie@midlothian.gov.uk 
Item 8.1
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2 
3 Background
3.1 Councillor Connor McManus was appointed to the role of Depute
Provost at the Council meeting on 24 May 2022. On 09 March 2023,
Councillor McManus formally intimated his resignation from the post of
Depute Provost to the Executive Director, Place.
3.2 In terms of Standing Order 14, the resignation requires to be reported
to this meeting of the Council and the Council will then fill the vacancy
or agree such other action as may seem proper.
3.3 It is understood that the Administration intend to nominate Councillor
Douglas Bowen to the post of Depute Provost. It is, of course, open to
all other Councillors to nominate alternative candidates.
3.4 In the event that Councillor Bowen is elected to the post of Depute
Provost, in order to ensure continuity of appointments and to avoid a
governance deficit, the Administration would also propose a number of
consequent amendments to be considered en bloc.
3.5 The consequent appointments are as follows:
• Councillor Bowen to resign from the Cabinet (as required by the
Scheme of Administration); 
• Councillor McManus to be appointed to the Cabinet to replace
the vacancy created by the resignation of Councillor Bowen;
• Councillor McManus to resign from the Performance Review and
Scrutiny Committee (also as required by the Scheme of
Administration);
• Councillor Bowen to be appointed to the Performance Review
and Scrutiny Committee in place of Councillor McManus;
• Councillor Cassidy to assume the Cabinet Portfolio for Economic
Development, Planning and Transport (for noting only by
Council);
• Councillor McManus to assume the Cabinet Portfolio for Health
and Social Care (for noting only by Council);
• Councillor McManus to replace Councillor Cassidy on the
Midlothian Integrated Joint Board; 
• Councillor McManus to replace Councillor Cassidy on the
CoSLA Health and Social Care Board; 
• Councillor Alexander to replace Councillor Bowen on the CoSLA
Economy and Environment Board;
• Councillor Cassidy to replace Councillor Bowen on the
Midlothian and East Lothian Chamber of Commerce;
Page 38 of 280

Page 39

3
• Councillor Cassidy to replace Councillor Bowen on the
Midlothian Chamber of Commerce;
• Councillor Cassidy to replace Councillor Bowen on the Scotland
Excel Joint Committee;
• Councillor Cassidy to replace Councillor Bowen on the Scottish
Enterprise (East) Regional Advisory Board; 
• Councillors Scott and McKenzie to resign from the Audit
Committee; and
• Councillors McCall and Bowen to be appointed to the Audit
Committee to replace the vacancies created by the resignations
of Councillors Scott and McKenzie.
All other appointments and nominations made at the Council meeting
on 24 May 2022 and subsequent meetings to remain unchanged. 
4. Report Implications (Resource, Digital and Risk)
4.1 Resource
There are no resource implications arising directly from this report.
4.2 Digital 
There are no digital implications related to this report.
4.3 Risk
There are no risk implications arising from this report.
5.4 Ensuring Equalities 
An equalities impact assessment has not been required in connection
with this report.
5.5 Additional Report Implications 
See Appendix A 
Page 39 of 280

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4
Appendix A - Additional 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 
There are no direct implications related to this report. 
A.5 Involving Communities and Other Stakeholders 
The report does not directly relate to involving communities. 
A.6 Impact on Performance and Outcomes   
Not applicable 
A.7 Adopting a Preventative Approach 
Not applicable 
A.8 Supporting a Sustainable Development 
Not applicable
Page 40 of 280

Page 41

Midlothian Council
Tuesday 21 March 2023   
Midlothian Licensing Board – Appointment of Member 
Report by Kevin Anderson, Executive Director, Place 
Report for Decision 
1 Recommendation
The Council are invited to 
(a) note that Councillor McManus has had to resign from the
Licensing Board; and 
(b) elect a replacement member to the Licensing Board. 
2 Purpose of Report/Executive Summary 
This report seeks the election of a replacement member of Midlothian
Licensing Board to replace Councillor McManus who has had to resign
following his appointment to the Newbattle Abbey College Trust. 
Date:  8 March 2023
Report Contact: Alan Turpie, Clerk, Midlothian Licensing Board 
Email:  alan.turpie@midlothian.gov.uk 
Item 8.2
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2 
3 Background
3.1 In terms of paragraph 3 of Schedule 1 to the Licensing (Scotland) Act
2005, a Councillor is disqualified from being a member of the Licensing
Board if the Councillor is:
i. A premises licence holder in terms of the Licensing (Scotland)
Act 2005;
ii. An employee of a premises licence holder and working in
licensed premises;
iii. Engaged, either alone or in partnership, in the business of
producing or selling alcohol;
iv. A director or other officer of a company engaged in the business
of producing or selling alcohol; or
v. An employee of any person engaged in the business of
producing or selling alcohol and working in that business.
3.2 Council appointed Councillor McManus to the Licensing Board at its
meeting on 24 May 2022. Councillor McManus has now since been
appointed as a director of Newbattle Abbey College Trust. The Trust
holds an alcohol premises licence in respect of the College premises
and, as such, Councillor McManus is now a “disqualified person” in
terms of bullet point 4 above. 
3.3 In order to fulfil his obligations to the Trust, Councillor McManus has no
option other than to resign from the Licensing Board. Councillor
McManus has therefore tendered his resignation from the Board and
nominations for a replacement Board member are now being sought. A
replacement Board Member must not be a disqualified person in terms
of 3.1 above.
3.4 The replacement Board member will have to undergo the prescribed
training in terms of paragraph 11 of Schedule 1 to the Licensing
(Scotland) Act 2005 and will not be allowed to sit on the Board or to
take part in any business until they have completed the training.
4. Report Implications (Resource, Digital and Risk)
4.1 Resource
There are no resource implications arising directly from this report.
4.2 Digital 
There are no digital implications related to this report.
4.3 Risk
There are no risk implications arising from this report. 
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3
4.4 Ensuring Equalities 
An equalities impact assessment has not been required in connection
with this report.
4.5 Additional Report Implications 
See Appendix A 
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4
Appendix A - Additional 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 
There are no direct implications related to this report. 
A.5 Involving Communities and Other Stakeholders 
The report does not directly relate to involving communities. 
A.6 Impact on Performance and Outcomes   
Not applicable 
A.7 Adopting a Preventative Approach 
Not applicable 
A.8 Supporting a Sustainable Development 
Not applicable
Page 44 of 280

Page 45

Midlothian Council
Tuesday 21 March 2023 
Proposed Revised Schedule of Meeting Dates for August – December 2023 
Report by Kevin Anderson, Executive Director Place 
Report for Decision 
1 Recommendation 
To approve the Schedule of Meeting Dates for August – December 2023 as
detailed in Appendix B. 
2 Purpose of Report/Executive Summary 
Good governance requires that the Council forward plan dates of its
governance meetings. 
The schedule of dates have been developed taking into consideration school
holidays and this schedule is now presented to Council for approval. 
Date:  9 March 2023
Report Contact:
Saty Kaur, Chief Officer Corporate Solutions (Acting)
saty.kaur@midlothian.gov.uk   
Item 8.3
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2 
3 Background 
3.1 The Council currently operates on a six weekly cycle of meetings with breaks
incorporated for the summer recess, Christmas/New Year and wherever
possible school holidays. 
3.2 The proposed reviewed schedule of meetings for August – December 2023 is
shown at Appendix B. 
3.3  Members are aware that a review of the Council’s Governance arrangements
is pending and should there be any change as a result of this work a further
report would be brought forward to Council. 
3.4 Members are also reminded that the facility also exists under Standing Orders
for special meetings to be called as and when required. 
4 Report Implications (Resource, Digital and Risk) 
4.1 Resource 
None 
4.2 Digital 
None 
4.3 Risk 
The availability of the schedule of meeting dates contributes to the mitigation
of risk by: 
• facilitating forward planning for meetings; 
• contributing to the governance framework which allows the Council to
conduct its business; and 
• providing a timetable to which officers can work to ensure that reports are
submitted timeously. 
4.4 Ensuring Equalities (if required a separate IIA must be completed) 
This report does not recommend any change to policy or practice and
therefore does not require an Equalities Impact Assessment. 
4.5 Additional Report Implications 
See Appendix A 
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3 
Appendices 
Appendix A – Additional Report Implications
Appendix B – Proposed Revised Schedule of Meeting Dates August –
December 2023  
Page 47 of 280

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4 
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 report does not directly impact on Delivering Best Value but the absence
of a schedule of meetings may result in delays in the ability to carry out proper
scrutiny. 
A.5 Involving Communities and Other Stakeholders
The report does not directly relate to involving communities 
A.6 Impact on Performance and Outcomes
The absence of a schedule of meetings may impact on Midlothian Council’s
performance and outcomes 
A.7 Adopting a Preventative Approach
Not applicable 
A.8 Supporting Sustainable Development
Not applicable 
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Page 49

Proposed Schedule of Meetings Dates for August 2023 – December 2023
_________________________________________________________________________ 
Date Time Meeting Weeks since
last meeting
Comments
School Holidays Thursday 29 June 2023 –  Tuesday 15 August 2023 inclusive     
August 2023    
Monday 21 11.00 Police Fire and Rescue Board First Meeting
after Recess 
Tuesday 22 10.00 General Purposes “ 
Tuesday 29 11.00 Midlothian Council “ 
School Holidays Friday 15 September 2023 –  Monday 18 September 2023 inclusive     
September 2023    
Monday 4 11.00 Business Transformation Steering
Group
“ 
Tuesday 5 11.00 Cabinet “ Q1 reporting
Monday 11 10.00 Planning Site Visits “ 
Tuesday 12 13.00 Planning “ 2 weeks before
LRB
Tuesday 19 11.00 Performance Review and Scrutiny
Committee
“ 2 weeks after
Cabinet for call ins
Tuesday 19  14.00 MNCT  
Monday 25 10.00 Local Review Body Site Visits “ 
Monday 25 13.00 Local Review Body “ 2 weeks after
Planning 
Tuesday 26 11.00 Audit Committee “ 
October 2023    
Monday 2 11.00 Business Transformation Steering
Group
4 
Tuesday 3 10.00 General Purposes 6 
Tuesday 3 14.30 JCG  One week prior to
Council
Tuesday 10 11.00 Midlothian Council 6 
October School Holidays Friday 13 – Monday 23 October 2023 inclusive 
Tuesday 24 11.00 Cabinet 7 
Tuesday 24 14.00 MNCT  
Item 8.3
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Date Time Meeting Weeks since
last meeting
Comments
Monday 30 10.00 Planning Site Visits - 
Tuesday 31 13.00 Planning Committee 7 2 weeks before
LRB     
November 2023    
Monday 6 10.00 Audit Committee 6 
Monday 6 14.00 Police Fire and Rescue Board 11 Meets quarterly
Tuesday 7 11.00 Performance Review and Scrutiny
Committee
7 2 weeks after
Cabinet for call ins
Thursday 9 11.00 Business Transformation Steering
Group
5 
Monday 13 10.00 Local Review Body Site Visits - 
Monday 13 13.00 Local Review Body  7 2 weeks after
Planning
Tuesday 14 10.00 General Purposes 6 
Tuesday 14 14.30 JCG  One week prior to
Council
Tuesday 21 11.00 Midlothian Council 6 
Monday 27 10.00 Planning Site Visits - 
Tuesday 28 10.00  Cabinet 5 Q2 reporting
Tuesday 28 13.00 Planning 4 2 weeks before
LRB     
December 2023    
Tuesday 4 11.00 Business Transformation Steering
Group
4 
Tuesday 5 14.00 MNCT  
Monday 11 10.00 Local Review Body Site Visits - 
Monday 11 13.00 Local Review Body  4 2 weeks after
Planning
Tuesday 12 11.00 Performance Review and Scrutiny
Committee
5 2 weeks after
Cabinet for call ins
Tuesday 12 14.30 JCG 5 One week prior to
Council
Tuesday 19 11.00 Midlothian Council 5 
School Holidays Friday 22 December 2023 – Monday 8 January 2024 
Note:  the following dates are not included: 
Midlothian Integration Joint Board (MIJB) and the MIJB Audit and Risk Committee 
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Midlothian Council
Tuesday 21 March 2023 
Fees and Charges 2023/24 
Report by Kevin Anderson, Executive Director Place 
Report for Decision 
1 Recommendations 
Council is recommended to: 
a. Approve the fees and charges register with all changes to come
into effect from 1 April 2023 (Appendix B), noting that the
implementation date will be delayed for those at 3.11, 3.13, 3.14,
3.15, 3.17 and 3.18 for the reasons explained;
b. Agree to the publication of the approved fees and charges
register on the Council’s website;
c. Note the fees and charges that were agreed at Council on 21
February 2023 as part of the Medium Term Financial Strategy
which are listed at 3.3;
d. Note the supplementary information on implementation of the
fees and charges agreed at Council on 21 February 2023 (as
outlined in 3.4 – 3.12);
e. Agree to establish a one year Transition Fund to support the
increased licence costs for community events (as detailed in 3.5-
3.7), and agree that this will be administered by the Executive
Director Place;
f. Agree to adopt the revised guidance from Scottish Ministers to
increase the penalty charge notices to the prices detailed at 3.13
and 3.14;
g. Agree to receive an events charging policy in Q2 2023/24 for
consideration and approval as detailed at 3.17; and 
h. Agree to receive a sponsorship and advertising policy for
consideration and approval in Q2 2023/24 as detailed at 3.18. 
2 Purpose of Report/Executive Summary 
This report details the fees and charges that the Council will implement
from 1 April 2023. 
Date Tuesday 28 February 2023
Report Contact:
Saty Kaur, Chief Officer Corporate Solutions (Acting)
Saty.Kaur@midlothian.gov.uk
Item 8.4
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2 
3 Background/Main Body of Report 
3.1 While charges for services make up a relatively small part of the
council’s income, they can be very significant to people who use
services. Charges are one of the few ways that are within councils’
control to raise income locally. Councils have discretion in the way that
they apply their fee policy and charging should reflect local priorities
and be proportionate as well as contribute to good financial
management. 
3.2 It is good practice for Council’s to regularly review their fees and
charges to ensure that they are achieving cost recovery and delivering
value for money. Appendix B lists the current charges for 2022/23 and
the proposed revised charges for 2023/24 with additional information
on the rationale, where required. It should be noted that some charges
are statutory and these have been identified on the register. Some fees
and charges have been agreed as part of the Medium Term Financial
Strategy and further information is detailed below. 
Fees and charges agreed at 21 February 2023 
3.3 At its budget setting meeting on 21 February 2023, Council reviewed a
number of fees and charges to inform the budget setting process. The
following fees and charges were agreed for implementation from 1 April
2023 and are highlighted in green in Appendix B: 
• Civic licensing fees to reflect full cost recovery
• Discretionary charge for Planning Service
• Building Standards increased fees for non-statutory duties
• Business Regulation – new charges introduced 
• Burials income raised to Scottish Average value
• Increase Garden Waste fee in 2024/25
• Road Construction Consent charge to developers
• Increase penalty charge notices 
• Electric vehicle charging
• Street naming and numbering fees increase
• Safety Advisory Group coordination fee
• Location and vehicle advertising 
3.4 Civic Licensing fees
Civic licensing fees will be implemented from 1 April 2023 and the full
list of new charges are shown in Appendix B. These charges are
separate from licensing charges which can only be set by the Licensing
Board, and a review of these will be undertaken in Q1 2023/24.
Recommendations for increases to these fees will be presented to the
Licensing Board for consideration. This increase has an estimated
additional income value of £50k for 2023/24. 
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3 
3.5 The increase in civic licences includes Public Entertainment Licences
(PELs) which are required for community groups to hold gala
days/community fun days, community fireworks events and Christmas
light switch on events. It is acknowledged that many of these events
are volunteer led and rely on fundraising throughout the year to cover
costs. Most gala day committees/organisations will have planned and
budgeted for their summer events prior to today’s Council meeting; and
will not have had the opportunity to include increased licence costs into
their forecast spend. To avoid any negative impact on this years’
events, recognising the significant value these have on community
cohesion and the hard work of volunteers to hold these whilst still
recovering from COVID, it is proposed that a one year Transition Fund
be established for community groups to access to cover the increased
costs in licence fees. Allocation would be determined by the Executive
Director Place, and would be administered as a supplementary
increase to the existing gala day grants. 
3.6 A high level assessment has taken place and has determined that from
the events that take place annually across Midlothian that receive a
gala day grant, 5 already have a three year PEL in place and would not
be subject to any price increase this year. For the remainder that would
take place this year, it is anticipated that based on previous
applications, 75% would apply for a 1 year Temporary PEL and 25%
would apply for a 3 year PEL. It is proposed that the Transition Fund
would cover the cost difference if the application had been made at the
2022/23 prices compared to the 2023/24 prices. All eligible gala
day/community event organisations will be offered the opportunity to
apply for either a Temporary PEL or 3 year PEL at the 2022/23 prices
and the appropriate Transition Funding will be added to their gala day
grant allocation. The estimated costs are between £1100 - £2500 (with
the lower amount based on a 75%/25% ratio of Temp PEL to 3 year
PEL; and the higher amount based on all opting for a 3 year PEL). The
additional costs to establish the Transition Fund can be covered from
existing budgets within the Place Directorate. 
3.7 As the Transition Fund is available for the 2023/24 year only, officers
will work with community groups to identify opportunities for
sponsorship from local businesses to support these events going
forwards; as well as a review of the gala day grant allocation process
and other in-kind options to support gala days/community events that
offsets some of the costs incurred by the groups to deliver these events
and make them more sustainable. 
3.8 Discretionary charges for Planning and Building Services
The Planning Service discretionary charge and the Building Services
increased fees for non-statutory services are listed in Appendix B as
variable. This will depend on the service provided and a full fees
charter for both services will be published on the Council’s website. It is
estimated that this will generate an income of £16k for 2023/24. 
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4 
3.9 Business Regulation charges
The Business Regulation Team will apply new administration charges
for the issuing of food hygiene certificates for premises looking for a
premises licence under Section 50 of the Licensing (Scotland) Act
2005, and Certificates of Compliance for street trading vehicles under
Section 39 Civic Government Scotland Act. This new charge has an
annual estimated income value of £1.3k. 
3.10 Burial charges
All burial fees will increase to the Scottish Average value. This has
been benchmarked across other Scottish Local Authorities to ensure
that the revised prices are equitable. It should also be noted that burial
and lair charges have been reviewed and the previous two tiered
pricing for Midlothian residents and non-residents is to be replaced with
a single fee structure from 1 April 2023. Burials that take place prior to
10.30am on Tuesday, Wednesday and Thursday will be charged at a
reduced rate which equates to 25% less than the new adult burial fee.
The estimated income value for 2023/24 is an additional £80k. 
3.11 Garden Waste
Following an amendment from the Business Transformation Steering
Group, Council at its meeting of 21 February 2023, agreed to increase
the Garden Waste fee to £40.00, noting implementation would be in Q3
2023/24 with a full year estimated income of £25k in 2024/25. 
3.12 Road Construction Consent
Section 21 of the Roads (Scotland) Act 1984 (the Act) requires that any
person or organisation who seeks to construct a new road, or an
extension of an existing road, must first obtain a Road Construction
Consent (RCC). This is additional to planning consent. Before
commencement a developer must first lodge security with the Council
in the form of a road bond or cash to cover the cost of providing the
roads to the standard set out in the RCC if the developer is unable to
do so. Depending on the size of the development the road bond value
can reach around £2m but is more typically around £0.5m. Section 140
of the Act gives the Council the power to recover costs for inspecting
roads which are constructed by developers. These inspections are
performed by officers in the RCC and Street Lighting teams during the
construction process to ensure that the road is built in accordance with
the consent. Charging will be applied on a two tier basis. For bonds
lodged prior to 1 April 2023, the hourly rate for officers to undertake
inspections will rise from £42.81 (current rate) to £77.70 (full cost
recovery) until completed and discharged. For all RCCs, instead of an
hourly rate a fixed fee of 4.5% of the bond value will be applied. It is
estimated that the revisions to the charging process will generate an
additional £93k of income in 2023/24. 
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5 
3.13 Penalty charge notices
On 17 February 2023, Transport Scotland notified all Local Authorities
of revised guidance (effective 1 April 2023) following a review of
penalty charge notice (PCN) for parking enforcement. The revised
guidance is only applicable to those local authorities in Scotland which
have a decriminalised parking regime (of which Midlothian Council is
one). The Scottish Government undertook a public consultation which
considered the levels of fines associated with PCNs and published the
analysis of the responses in September 2022. At the time it was
determined inappropriate to raise the PCN levels; however following a
review, Scottish Ministers have issued the revised guidance which
includes revised levels of the maximums that can be charged for PCNs. 
3.14 The new charges will be increased from the current charge of £60.00
(£30.00 if paid within 14 days) to the new charge of £100.00 (£50.00 if
paid within 14 days). The parking attendants and administration of
PCNs is undertaken by NSL and City of Edinburgh Council on behalf of
Midlothian Council. Discussion is taking place between all parties on
the practical measures that are required to implement the new charges.
Therefore this charge will be implemented during the 2023/24 financial
year when the administrative processes are finalised. It is estimated
that the additional income will be £100k for a full year and the income
realised for 2023/24 will be pro-rata.  
3.15 Electric Vehicle charging
The Electric Vehicle charging proposals to increase charges cover
service costs including maintenance. Benchmarking carried out against
other local authorities and private sector providers shows that
Midlothian is charging less for both rapid and fast and slow chargers.
Guidance received from Scottish Futures Trust provided further insight
into current and planned charging prices. From consumption data from
the most recent full financial year (2021/22) it is estimated that
increasing the charges as per Appendix B will raise an additional £18k
of income in 2023/24. 
3.16 Street naming and numbering
A 15% increase in all street naming and numbering fees, including
naming of a new street, allocation of a house name or
renumbering/change of address and scaled charges for the naming
and numbering of new properties or alternations to existing properties.
Charges for street naming and numbering have been benchmarked
with other local authorities. It is estimated that this increase will achieve
an additional £19k of income in 2023/24. 
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6 
3.17 Safety Advisory Group co-ordination fee
The Safety Advisory Group co-ordination fee will only be applied for
commercial events and will not apply to community organised events.
No charges are listed in Appendix B. A full charging policy will be
presented to Council in Q2 2023/24 for final approval prior to
implementation in the 2023/24 financial year. It is estimated that a full
year charging would achieve £25k income (noting that the charging will
be applied in-year for 2023/24 and a full year will not take effect until
2024/25).
3.18 Location and advertising
Council agreed to progress location and vehicle advertising to generate
an estimated income of £10k in its first full financial year. Work is
underway to develop the Council’s sponsorship and advertising policy
and this will be presented to Council in Q2 2023/24 for approval and
implementation. 
4 Report Implications (Resource, Digital and Risk) 
4.1 Resource
No resource impact to develop the fees and charges register. Individual
income generation proposals included within the register are subject to
their own resource impact assessments and costs associated with
resourcing are considered in the estimated income values. There is an
additional cost of £1,100.00 - £2,500.00 to establish the Transition
Fund which will be met from existing budgets. 
4.2 Digital 
No impact for the development of the register. Digital impacts of
delivering income generation proposals will be assessed individually as
part of the implementation process. 
4.3 Risk
There is a risk that by not approving the proposed fees and charges
increases that some services may not achieve full cost recovery. This
will have an impact on the Council’s ability to deliver services that are
financially viable. 
4.4 Ensuring Equalities (if required a separate IIA must be completed)
Income generation proposals as listed in 3.3 (with the exception of
penalty charge notice increase) are all subject to their own Equality
Impact Assessments (EqIAs) which are available online and in
Members’ Library. An overarching EqIA has been completed for the
remainder of the fees and charges listed in the register and no
significant negative impacts have been identified. 
4.5 Additional Report Implications (See Appendix A) 
See Appendix A 
Appendices
Appendix A – Additional Report Implications
Appendix B – Fees and charges register 2023/24
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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 
Fees and charges have been reviewed to ensure that Best Value is
achieved. 
A.5 Involving Communities and Other Stakeholders 
Benchmarking has taken place across other local authorities to inform
the fees and charges proposed. The income generation proposals
listed at 3.3 (with the exception of the penalty charge notice increase)
have also been subject to public consultation through the budget
savings process prior to agreement at Council. 
A.6 Impact on Performance and Outcomes
Not applicable 
A.7 Adopting a Preventative Approach
Not applicable 
A.8 Supporting Sustainable Development
Not applicable
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Fees and Charges register 2023-24
Description of charge Last
Revised
Current
charge
22/23
(charges
have
remained
static since
April 2020) 
Increase
(%)
New charge
for  23/24
(rounded)
Comments Additional information
Updated: 21/02/2023                                                                                                                                                                                                                                                                                                                                                                                                                               Note: Actual % increases will vary due to roundings.
Place
Planning and Building Standards
Building Warrant Application Fees (variable according to development size) Apr-20 n/a n/a n/a Minimum charge £150.00 (before discounts) - charges variable and
set by Scottish Government.
Building Warrant advisory and check service New n/a n/a Variable -
£100-£3,000
APPROVED BY COUNCIL 21.02.23              
Charges variable and dependant on the service
provided. Fees charter will be published online.
Administration fee for withdrawn Building Warrant applications New n/a n/a Variable -
£100-£1,000
Letter of Comfort (building warrant obtained, completion certificate not obtained) Apr-20 £198.00 3.00% £204.00
Letter of Comfort (no building warrant obtained) Apr-20 £346.00 3.00% £357.00
Search building standards electronic and paper records for single entry relating specifically to the work detailed
on application form (Standard)
Apr-20 £36.00 3.00% £37.00
For a single plot: Copy of building warrant and completion certificate from Part 2 of the Building Standards
Register held electronically or within a file (No drawings provided) - (Standard)
Apr-20 £36.00 3.00% £37.00
For a single plot: Copy of building warrant and completion certificate from Part 2 of the Building Standards
Register held electronically or within a file (No drawings provided) - (Express)
Apr-20 £106.00 3.00% £109.00
For a single plot: Copy of building warrant, completion certificate and x5 standard plans from Part 2 of the
Building Standards Register held electronically or within a file (drawings provided) - (Standard)
Apr-20 £82.00 3.00% £85.00
For a single plot: Copy of x5 standard plans from Part 2 of the Building Standards Register held electronically or
within a file (drawings provided) - (Standard)
Apr-20 £48.00 3.00% £50.00
For a multiplot: Copy of building warrant and completion certificate from Part 2 of the Building Standards Register
held electronically or within a file (No drawings provided) - (Standard)
Apr-20 £36.00 3.00% £37.00
For a multiplot: Copy of building warrant and completion certificate from Part 2 of the Building Standards Register
held electronically or within a file (No drawings provided) - (Express)
Apr-20 £106.00 3.00% £109.00
For a multiplot: Copy of building warrant, completion certificate and x5 standard plans from Part 2 of the Building
Standards Register held electronically or within a file (drawings provided) - (Standard)
Apr-20 £119.00 15.00% £137.00 15% increase applied to provide a consistent approach to pricing in
comparison to other multiplot charges.
For a multiplot: Copy of x5 standard plans from Part 2 of the Building Standards Register held electronically or
within a file (drawings provided) - (Standard)
Apr-20 £120.00 3.00% £124.00
Application for Permission to Erect a Temporary Raised Structure - large scale event (more than 5,000
attendees)
Apr-20 £1,647.00 3.00% £1,696.00
Application for Permission to Erect a Temporary Raised Structure - medium scale event (up to 5,000 attendees) Apr-20 £278.00 3.00% £286.00 £58.00 per individual structure and up to a maximum
of £863.00
Application for Permission to Erect a Temporary Raised Structure - small scale event (up to 500 attendees) Apr-20 £137.00 3.00% £141.00
Application for Permission to Erect a Temporary Raised Structure - small scale event (up to 500 attendees) -
Solely for repeat/annual small scale commercial events (which utilise the same structural elements at each event
and are signed off by a competent person at completion)
Apr-20 £88.00 3.00% £91.00
New charge proposed as part of Budget savings measures. See
financial Strategy report. Income generation initiative for the
provision of an advisory and check service over and above the
measures currently captured as part of the building warrant
application.
The 3% increase was applied following a benchmarking exercise
against other local authority Building Standards sections providing
the same or similar services (Edinburgh, Scottish Borders, Perth
and Kinross and Glasgow).
The 3% increase was applied following a benchmarking exercise
against other local authority Building Standards sections providing
the same or similar services (Edinburgh, Scottish Borders, Perth
and Kinross and Glasgow).
Item 8.4
Page 59 of 280

Page 60

Description of charge Last
Revised
Current
charge
22/23
(charges
have
remained
static since
April 2020) 
Increase
(%)
New charge
for  23/24
(rounded)
Comments Additional information
Updated: 21/02/2023                                                                                                                                                                                                                                                                                                                                                                                                                               Note: Actual % increases will vary due to roundings.
Pre-application planning advice New n/a n/a Variable - 
£100-£5,000
New charge proposed as part of Budget savings measures. See
financial Strategy report. Income generation initiative for the
provision of an advisory and check service over and above the
measures currently captured as part of the planning application
mechanism and charges.
APPROVED AT COUNCIL 21.02.23               
Charges variable and dependant on the service
provided and scale of development. Fees charter will
be published online.
Planning Application Fees (variable according to development size) n/a n/a n/a n/a Minimum charge £300.00 - Maximum charge £150,000.00 set by
Scottish Government.
Permission to Display an Advertisement n/a £300.00 0.00% £300.00 Set by Scottish Government regulations
Property Enquiry Apr-20 £90.00 0.00% £90.00
Admin Fee (missive) Apr-20 £263.00 0.00% £263.00 Set by Scottish Government regulations
Admin Fee (renewal) Apr-20 £188.00 0.00% £188.00 Set by Scottish Government regulations
Survey Fee Apr-20 £225.00 0.00% £225.00 Set by Scottish Government regulations
Management Fee Apr-20 £375.00 0.00% £375.00 Set by Scottish Government regulations
Management Fee Apr-20 £525.00 0.00% £525.00 Set by Scottish Government regulations
Catering Services
School Meals
School Meals (primary schools) Aug-20 £2.10 0.00% £2.10
School Meals (secondary schools) Aug-20 £2.30 5.00% £2.40
School Meals (adult meals) Aug-20 £2.85 5.00% £2.95
Café, Vending and Basket service
Café, Vending and Basket Service products (variable) Apr-20 n/a 10.00% Variable A 10% increase proposed across all products sold at our Cafes,
vending machines and basket service. Prices determined by
comparison exercise to other private sector organisations. After
increases, prices still remain lower than similar products sold by
other private sector organisations to ensure uptake is not affected.
Charges variable.
Bonnyrigg District Heating Scheme 
Monthly heating charge Aug-20 £83.79 0.00% £83.79 Charges remain frozen at present.
Landscaping & Countryside Services
Burial Fees
Child up to 18 years Apr-20 £0.00 0.00% £0.00
Adult Apr-20 £827.00 20.00% £992.00
Casket of Ashes Apr-20 £284.00 20.00% £341.00
Casket of Ashes (Depth of 4 feet or deeper) Apr-20 £827.00 20.00% £992.00
Burials before 10.30am on Tuesday, Wednesday, Thursday Apr-20 £699.00 14.00% £799.00
Purchase of Exclusive Right of Bural
Baby Area Lair (Loanhead and Cockpen) n/a £0.00 0.00% £0.00
Ashes/Cremated Remains Lair (Loanhead and Cockpen) Apr-20 £445.00 20.00% £534.00
Full Coffin Lair Apr-20 £866.00 32.00% £1,140.00
Woodland Lair (Cockpen and Rosewell) Apr-20 £1,934.00 20.00% £2,320.00
Issue of Duplicate Right of Burial Certificate Apr-20 £103.00 20.00% £124.00
Transfer of Right of Burial Certificate Apr-20 £103.00 20.00% £124.00
Scottish Government may announce changes to fees
regulations in March/April 2023.
Increases have been determined as a result of covering the
increase of food and fuel costs. 
Benchmarking carried out with other local authorities show that
overall Midlothian is charging less than other councils. Charges
increased by 20% brings Midlothian to a comparable level to the
Scottish average. Removal of non resident burial and lair charge
has been proposed with a 32% uplift for lairs to offset the income
reduction by the removal of these charges.
Benchmarking carried out with other local authorities show that
overall Midlothian is charging less than other councils. Charges
increased by 20% brings Midlothian to a comparable level to the
Scottish average.
APPROVED BY COUNCIL 21.02.23                           
A 50% surcharge will apply to all interments which
take place on a Saturday/Midlothian Council  Public
Holiday.
APPROVED BY COUNCIL 21.02.23   
A 50% surcharge will apply to all interments which
take place on a Saturday/Midlothian Council  Public
Holiday.
Page 60 of 280

Page 61

Description of charge Last
Revised
Current
charge
22/23
(charges
have
remained
static since
April 2020) 
Increase
(%)
New charge
for  23/24
(rounded)
Comments Additional information
Updated: 21/02/2023                                                                                                                                                                                                                                                                                                                                                                                                                               Note: Actual % increases will vary due to roundings.
Foundations for the Erection of a Monument (All)
Up to and including 3' (900mm) Apr-20 £125.00 0.00% £125.00
Over 3' (900mm) Apr-20 £240.00 0.00% £240.00
Kerb Markers etc. which do not require a foundation Apr-20 £125.00 0.00% £125.00
Loanhead (New) Cemetery Plaques & Kerb markers (All)
Plaque - Baby Garden Apr-20 £182.00 5.00% £191.00
Plaque - Cremation Garden Apr-20 £217.00 5.00% £228.00
Kerb Markers etc. which do not require a foundation Apr-20 £709.00 5.00% £745.00
Cockpen New Cemetery
Plaque - Memorial wall Apr-20 £217.00 5.00% £228.00
Plaque - Baby Garden Apr-20 £182.00 5.00% £191.00
Exhumation
Exhumation Apr-20 £3,000.00 10.00% £3,300.00
Dean Burn Allotments
Allotment Rental Apr-20 £100.00 10.00% £110.00
Allotment Rental (concession) Apr-20 £50.00 10.00% £55.00
Events
Fire pit Apr-20 £74.00 5.00% £78.00
Barbeques - up to 15 people Apr-20 £26.00 5.00% £27.00
Barbeques - 16 - 30 people Apr-20 £37.00 5.00% £39.00
Barbeques - 31 - 45 people Apr-20 £52.00 5.00% £55.00
Barbeques - 46 - 60 people Apr-20 £73.00 5.00% £77.00
Events field - per hour Apr-20 £31.00 5.00% £33.00
Events field - per day (up to 100 people) Apr-20 £188.50 5.00% £198.00
Events field - per day (100 - 1000 people) Apr-20 £345.00 5.00% £362.00
Events field - per day (1000 plus  people) Apr-20 £576.00 5.00% £605.00
Events field - per weekend (up to 100 people) Apr-20 £351.00 5.00% £369.00
Events field - over night  (up to 100 people) Apr-20 £382.00 5.00% £401.00
Fairgrounds - up to 10 shows/stands per day Apr-20 £73.00 5.00% £77.00
Fairgrounds - up to 10 shows/stands per week Apr-20 £506.00 5.00% £531.00
Fairgrounds - up to 10 shows/stands admin fee Apr-20 £126.00 5.00% £132.00
Fairgrounds - up to 10 shows/stands surety Apr-20 £1,021.00 5.00% £1,072.00
Fairgrounds - 11 - 20 shows/ stands per day Apr-20 £145.00 5.00% £152.00
Fairgrounds - 11 - 20 shows/stands per week Apr-20 £1,000.00 5.00% £1,050.00
Fairgrounds - 11 - 20 shows/stands admin fee Apr-20 £125.00 5.00% £131.00
Fairgrounds - 11 - 20 shows/stands surety Apr-20 £2,043.00 5.00% £2,145.00
Fairgrounds - over 20 shows/stands per day Apr-20 £345.00 5.00% £362.00
Fairgrounds - over 20 shows/stands per week Apr-20 £2,425.00 5.00% £2,546.00
Fairgrounds - over 20 shows/stands admin fee Apr-20 £125.00 5.00% £131.00
Fairgrounds - over 20 shows/stands surety Apr-20 £2,881.00 5.00% £3,025.00
6m x 6m Marquee Apr-20 £262.00 5.00% £275.00
6m x 12m Marquee Apr-20 £367.00 5.00% £385.00
Staging - per section Apr-20 £31.00 5.00% £33.00
Canopy - to cover stage on small legs Apr-20 £105.00 5.00% £110.00
Large generator & leads Apr-20 £63.00 5.00% £66.00
Small Generator Apr-20 £31.00 5.00% £33.00
PA System Apr-20 £26.00 5.00% £27.00
Tables - Each Apr-20 £2.10 5.00% £2.20
Folding chairs - each Apr-20 £1.00 5.00% £1.05
Crowd control barriers - Each Apr-20 £1.50 5.00% £1.60
Cones - Each Apr-20 £1.00 5.00% £1.05
No increases proposed, charges at a maximum and meet service
costs.
A 50% surcharge will apply to all ground
preparations for a foundation which takes place on a
Saturday/Midlothian Council Public Holiday and after
12 noon on a Friday.
A 50% surcharge will apply to all ground
preparations for a foundation which takes place on a
Saturday/Midlothian Council Public Holiday.
Page 61 of 280

Page 62

Description of charge Last
Revised
Current
charge
22/23
(charges
have
remained
static since
April 2020) 
Increase
(%)
New charge
for  23/24
(rounded)
Comments Additional information
Updated: 21/02/2023                                                                                                                                                                                                                                                                                                                                                                                                                               Note: Actual % increases will vary due to roundings.
Vogrie Car Park (all day) Apr-20 £2.00 25.00% £2.50
Vogrie Car Park season ticket  Apr-20 £75.00 0.00% £75.00
Circus Less than 1200 sq. metres daily Apr-20 £173.00 5.00% £182.00
Less than 1200 sq. metres weekly Apr-20 £865.00 5.00% £908.00
Less than 1200 sq. metres Admin Apr-20 £125.00 5.00% £131.00
Less than 1200 sq. metres Surety Apr-20 £929.00 5.00% £975.00
Circus Between 1201 and 1400 sq. metres Daily Apr-20 £187.00 5.00% £196.00
Between 1201 and 1400 sq. metres Weekly Apr-20 £1,257.00 5.00% £1,320.00
Between 1201 and 1400 sq. metres Admin Apr-20 £125.00 5.00% £131.00
Between 1201 and 1400 sq. metres Surety Apr-20 £1,886.00 5.00% £1,980.00
Circus Over 1400 sq. metres daily Apr-20 £314.00 5.00% £330.00
Over 1400 sq. metres weekly Apr-20 £1,886.00 5.00% £1,980.00
Over 1400 sq. metres Admin Apr-20 £125.00 5.00% £131.00
Over 1400 sq. metres Surety Apr-20 £3,720.00 5.00% £3,906.00
Vogrie House overnight rental Apr-20 £524.00 5.00% £550.00
Hire of public park/large open space for general recreation activities e.g. outdoor exercise classes, outdoor
theatre, community events  (per hour)
Apr-20 £7.90 5.00% £8.30
Hire of public park/large open space for general recreation activities e.g. outdoor exercise classes, outdoor
theatre, community events  per half day (4hours)
Apr-20 £30.00 5.00% £31.00
Hire of public park/large open space for general recreation activities e.g. outdoor exercise classes, outdoor
theatre, community events (Full day hire)
Apr-20 £59.00 5.00% £62.00
Hire of public park/large open space for general recreation activities e.g. outdoor exercise classes, outdoor
theatre, community events (Annual Pass)
Apr-20 £412.00 5.00% £433.00
Hire of public park/large open space for events that involve erecting structures, such as marquees, staging etc.  Apr-20 £29.00 5.00% £30.00
Hire of public park/large open space for events that involve erecting structures, such as marquees, staging etc.   Apr-20 £122.00 5.00% £128.00
Outdoor learning half day Apr-20 £120.00 5.00% £126.00
Outdoor learning full day Apr-20 £208.00 5.00% £218.00
Search fee (burials) Apr-20 £20.00 10.00% £22.00
Ranger Led Events Adult Silver Apr-20 £5.20 5.00% £5.50
Ranger Led Events Child Silver Apr-20 £3.10 5.00% £3.20
Ranger Led Events Adult Gold Apr-20 £7.90 5.00% £8.30
Ranger Led Events Child Gold Apr-20 £4.70 5.00% £5.00
Walking Festival Adult Apr-20 £7.90 5.00% £8.30
Walking Festival Child Apr-20 £5.20 5.00% £5.50
Talks per hour Apr-20 £26.00 5.00% £27.00
Schools and groups i.e. Brownies, Guides. per person (1.5 hours) (Midlothian based) Apr-20 £1.00 5.00% £1.05
Schools and groups i.e. Brownies, Guides.  per person (1.5 hours) (Non Midlothian based) Apr-20 £3.00 5.00% £3.15
Resource box Hire Apr-20 £5.00 5.00% £5.30
LLE positive destination - Groups per day (5 hours) Apr-20 £100.00 5.00% £105.00
Corporate groups - conservation tasks - for equipment Apr-20 £500.00 5.00% £525.00
Road Services
Property Enquiries Apr-20 £51.00 5.00% £54.00
Property Enquiry adoption plan Apr-20 £5.00 400.00% £25.00 Fee increased to £25.00 to cover cost of providing this service
Tables and Chairs up to 12 months (new application) Apr-20 £174.00 5.00% £183.00
Tables and Chairs up to 12 months (renewal) Apr-20 £115.00 5.00% £121.00
Tables and Chairs up to 6 months (new application) Apr-20 £115.00 5.00% £121.00
Tables and Chairs up to 6 months (renewal) Apr-20 £82.00 5.00% £86.00
Accident Data Retrievals Apr-20 £28.00 5.00% £29.00 Initial charge of £29.00 plus additional £29.00 per
km, based on unit cost of staff time.
Permits
Page 62 of 280

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Description of charge Last
Revised
Current
charge
22/23
(charges
have
remained
static since
April 2020) 
Increase
(%)
New charge
for  23/24
(rounded)
Comments Additional information
Updated: 21/02/2023                                                                                                                                                                                                                                                                                                                                                                                                                               Note: Actual % increases will vary due to roundings.
Temporary Traffic Regulation Order up to 5 days Apr-20 £461.00 5.00% £484.00
Temporary Traffic Regulation Order up to 5 days (Amendment request after permit processed or extension to
issued permit)
Apr-20 £461.00 5.00% £484.00
Temporary Traffic Regulation Order over 5 days + legal notice Apr-20 £865.00 5.00% £908.00
Temporary Traffic Regulation Order over 5 days + legal notice (Amendment request after permit processed or
extension to issued permit)
Apr-20 £865.00 5.00% £908.00
Temporary Traffic Signals 2 way - non public utility Apr-20 £87.00 5.00% £91.00
Temporary Traffic Signals 2 way - non public utility (Amendment request after permit processed or extension to
issued permit)
Apr-20 £87.00 5.00% £91.00
Temporary Traffic Signals 3 way and over Apr-20 £87.00 5.00% £91.00
Temporary Traffic Signals 3 way and over (Amendment request after permit processed or extension to issued
permit)
Apr-20 £87.00 5.00% £91.00
Cabin / Storage container Apr-20 £144.00 5.00% £151.00
Cabin / Storage container (Amendment request after permit processed or extension to issued permit) Apr-20 £59.00 5.00% £62.00
Crane Apr-20 £92.00 5.00% £97.00
Crane (Amendment request after permit processed or extension to issued permit) Apr-20 £59.00 5.00% £62.00
Excavations Minor Works up to 3 working days Apr-20 £220.00 5.00% £231.00
Excavations Minor Works up to 3 working days (Early start request) Apr-20 £440.00 5.00% £462.00
Excavations Minor Works up to 3 working days (Amendment request after permit processed or extension to
issued permit)
Apr-20 £59.00 5.00% £62.00
Excavations Standard Works 4 -10 working days Apr-20 £247.00 5.00% £259.00
Excavations Standard Works 4 -10 working days (Early start request) Apr-20 £495.00 5.00% £520.00
Excavations Standard Works 4 -10 working days (Amendment request after permit processed or extension to
issued permit)
Apr-20 £59.00 5.00% £62.00
Excavations - Major Works over 10 working days Apr-20 £289.00 5.00% £303.00
Excavations - Major Works over 10 working days (Early start request) Apr-20 £576.00 5.00% £605.00
Excavations - Major Works over 10 working days (Amendment request after permit processed or extension to
issued permit)
Apr-20 £576.00 5.00% £605.00
Footway Crossing up to 3 working days Apr-20 £99.00 5.00% £104.00
Footway Crossing up to 3 working days (Amendment request after permit processed or extension to issued
permit)
Apr-20 £99.00 5.00% £104.00
Hoarding Apr-20 £144.00 5.00% £151.00
Hoarding  (Amendment request after permit processed or extension to issued permit) Apr-20 £59.00 5.00% £62.00
Hoist Access Tower Apr-20 £51.00 5.00% £54.00
Hoist Access Tower  (Amendment request after permit processed or extension to issued permit) Apr-20 £51.00 5.00% £54.00
Materials/Road  Occupation Apr-20 £51.00 5.00% £54.00
Materials/Road  Occupation (Amendment request after permit processed or extension to issued permit) Apr-20 £51.00 5.00% £54.00
Mobile Crane Apr-20 £51.00 5.00% £54.00
Mobile Crane  (Amendment request after permit processed or extension to issued permit) Apr-20 £51.00 5.00% £54.00
Scaffolding Apr-20 £151.00 5.00% £159.00
Scaffolding (Amendment request after permit processed or extension to issued permit) Apr-20 £59.00 5.00% £62.00
Skip Apr-20 £51.00 5.00% £54.00
Skip  (Amendment request after permit processed or extension to issued permit) Apr-20 £51.00 5.00% £54.00
Access Protection Marking Apr-20 £82.00 5.00% £86.00 VAT applied to £86.00 charge
Transport Scotland Act Violations Apr-20 £120.00 0.00% £120.00 Statutory charge - no change Paid 30 plus days
Transport Scotland Act Violations Apr-20 £80.00 0.00% £80.00 Statutory charge - no change Paid within 29 days (discounted).
Utility Company Charges Sample Inspection Apr-20 £36.00 0.00% £36.00 Statutory charge - no change
Utility Company Charges Defect Inspection Apr-20 £36.00 0.00% £36.00 Statutory charge - no change
Page 63 of 280

Page 64

Description of charge Last
Revised
Current
charge
22/23
(charges
have
remained
static since
April 2020) 
Increase
(%)
New charge
for  23/24
(rounded)
Comments Additional information
Updated: 21/02/2023                                                                                                                                                                                                                                                                                                                                                                                                                               Note: Actual % increases will vary due to roundings.
Road Construction Consent Inspection New n/a n/a Various New charge proposed as part of Budget savings measures. See
financial Strategy report. Income generation initiative to bring
income from developers into line with expenditure and simplify
charging process, it is proposed that the charging mechanism be
changed.
APPROVED AT COUNCIL 21.02.23
It is proposed that a fixed fee be charged in relation
to the size of the Road Bond. The charge rate will be
4.5% of the bond value. The fee increase is
comparable to other local authorities. This 4.5% will
aply to new bonds received from 1.04.23. For Roads
Bonds already received, the current ourly rate
charge will increase from £42.81 to £77.70. 
Decriminalised Parking Enforcement -  Penalty Charging Notice Apr-20 £60.00 65.00% £100.00 Minimum and Maximum charges are set by Scottish Government. INCREASE IN INCOME APPROVED AT COUNCIL
21.02.23 - REQUIRES APPROVAL OF CHARGE
Penalty charge notices will be reduced by 50% to
£50 if paid within 14 days.
For unpaid notices, the charge will be increased from
£90  to £150 after charge certificate issued.
Travel and Fleet Services
Passenger Transport
Blue Badges Apr-20 £20.00 0.00% £20.00 Statutory cap is £20
Lost School Bus Pass Apr-20 £10.00 0.00% £10.00
Non-entitled Travel School Bus Pass Apr-20 £245.00 0.00% £245.00
Electric Vehicle Charging
Fast and Slow charger types (22kW and lower) per kWh Oct-20 £0.16 118.00% £0.35 APPROVED AT COUNCIL 21.02.23
Rapid charger types (over 43kW capacity) per kWh Oct-20 £0.30 66.00% £0.50 APPROVED AT COUNCIL 21.02.23                            
A minimum charge of £1 per session
Overstay charge (per minute) Oct-20 £1.00 0.00% £1.00 APPROVED AT COUNCIL 21.02.23              
Overstay charge of £1 per minute after 60 minutes of
charge for rapid chargers (over 43kW), capped at
£30.
Overstay charge of £1 per minute after 4 hours of
charge for fast chargers (8kW-22kW), capped at
£30. (Not applied between 22:00 and 08:00).
Overstay charge of £1 per minute after 12 hours of
charge for slow chargers (up to 7kW), capped at
£30. (Not applied between 22:00 and 08:00).
240 litre 1 per fortnight (Residual) Apr-20 £167.00 5.00% £175.00
240 litre 1 per week (Residual) Apr-20 £334.00 5.00% £351.00
240 litre 2 per week (Residual) Apr-20 £668.00 5.00% £701.00
360 litre 1 per fortnight (Residual) Apr-20 £227.00 5.00% £238.00
360 litre 1 per week (Residual) Apr-20 £452.00 5.00% £475.00
360 litre 2 per week (Residual) Apr-20 £903.00 5.00% £948.00
660 litre 1 per week (Residual) Apr-20 £744.00 5.00% £781.00
660 litre 2 per week (Residual) Apr-20 £1,487.00 5.00% £1,561.00
Waste Services
Trade Residual Waste and Charities
Charges increased to cover service costs including maintenance.
Benchmarking carried out against other local authorities and
private sector shows that Midlothian is charging less for both rapid
and fast and slow chargers. Guidance received from Scottish
Futures Trust provided further insight into current and planned EV
charging prices.
Page 64 of 280

Page 65

Description of charge Last
Revised
Current
charge
22/23
(charges
have
remained
static since
April 2020) 
Increase
(%)
New charge
for  23/24
(rounded)
Comments Additional information
Updated: 21/02/2023                                                                                                                                                                                                                                                                                                                                                                                                                               Note: Actual % increases will vary due to roundings.
1100 litre 1 per week (Residual) Apr-20 £1,169.00 5.00% £1,227.00
1100 litre 2 per week (Residual) Apr-20 £2,338.00 5.00% £2,455.00
Ro-Ro box 1 per week (Residual) Apr-20 £11,938.00 5.00% £12,535.00
Ro-Ro box 2 per week (Residual) Apr-20 £23,876.00 5.00% £25,070.00
240 litre 1 per fortnight (Charity) Apr-20 £110.00 5.00% £115.00
240 litre 1 per week (Charity) Apr-20 £219.00 5.00% £230.00
240 litre 2 per week (Charity) Apr-20 £439.00 5.00% £461.00
360 litre 1 per fortnight (Charity) Apr-20 £140.00 5.00% £147.00
360 litre 1 per week (Charity) Apr-20 £278.00 5.00% £292.00
360 litre 2 per week (Charity) Apr-20 £557.00 5.00% £585.00
660 litre 1 per week (Charity) Apr-20 £426.00 5.00% £447.00
660 litre 2 per week (Charity) Apr-20 £851.00 5.00% £894.00
1100 litre 1 per week (Charity) Apr-20 £646.00 5.00% £678.00
1100 litre 2 per week (Charity) Apr-20 £1,295.00 5.00% £1,360.00
Trade waste recycling Bins
240 litre 1 per fortnight Apr-20 £129.00 5.00% £135.00
240 litre 1 per week Apr-20 £259.00 5.00% £272.00
360 litre 1 per fortnight Apr-20 £179.00 5.00% £188.00
360 litre 1 per week Apr-20 £359.00 5.00% £377.00
660 litre 1 per week Apr-20 £600.00 5.00% £630.00
1100 litre 1 per week Apr-20 £957.00 5.00% £1,005.00
Trade waste Bin Lease Charge
240 bin Apr-20 £14.00 5.00% £15.00
360 bin Apr-20 £25.00 5.00% £26.00
660 bin Apr-20 £150.00 5.00% £158.00
1100 bin Apr-20 £155.00 5.00% £163.00
New housing developments
New build house – set of bins and boxes (inc food waste recycling)  Charges include delivery, bin stickers and
calendar)
Apr-20 £80.35 30.00% £104.00 Charges increased to cover costs of providing the service. These charges are aimed at property developers
only.
Other waste charges
Bulky Uplift Apr-20 £26.00 5.00% £27.00
Garden Waste uplift per bin per year Apr-20 £35.00 0.00% £40.00 Increase to £40 proposed for year 2024/25 as part of budget
savings proposals. Garden waste services benchmarked with other
local authorities.
APPROVED AT COUNCIL 21.02.23
Protective Services
Pest Control
Rats/Mice treatment to eradicate Apr-20 £91.00 0.00% £91.00 Cost of treatment will involve a minimum of three
visits to site (unless the first visit finds that a
treatment is not actually required)
Wasps - initial  visit Apr-20 £50.00 0.00% £50.00
Wasps - subsequent wasp nest treatment/additional nests Apr-20 £11.00 0.00% £11.00 To note: no additional cost if retreat of same nest(s)
required.
Charge is for each additional nest within the property
curtilage treated during the same visit. E.g.  if three
nests within curtilage of property =initial cost of £ Fleas - per visit Apr-20 £52.00 0.00% £52.00
Insects - per visit (other than bedbugs, fleas or cockroaches) Apr-20 £52.00 0.00% £52.00
Pest control charges are already in line with other competitors and
therefore no increases proposed to retain customer volume.  
Page 65 of 280

Page 66

Description of charge Last
Revised
Current
charge
22/23
(charges
have
remained
static since
April 2020) 
Increase
(%)
New charge
for  23/24
(rounded)
Comments Additional information
Updated: 21/02/2023                                                                                                                                                                                                                                                                                                                                                                                                                               Note: Actual % increases will vary due to roundings.
Bedbugs Apr-20 £157.00 0.00% £157.00 Bedbug treatments are minimum of three visits so
cost increased to cover costs.
Cockroaches Apr-20 £157.00 0.00% £157.00
Pest control advisory visit only  (regarding rodents/wasps/unidentified insects). Apr-20 £35.00 0.00% £35.00 If it is ascertained that treatment is needed the
advisory visit and treatment will require to be paid for
separately.
Pest control visit -  no rodenticide / insecticide treatment used Apr-20 £35.00 0.00% £35.00 Fee will allow a retained charge of £35.00 if
treatment booked however not required. To note: the
rest of the fee would be refunded. This applies to all
pests.
Pest control visit - cancellations Apr-20 £35.00 0.00% £35.00 Fee will allow a  retained charge of £35.00  for
treatment where reasonable attempts to contact the 
requester via the contact information provided are
unsuccessful or where pre arranged appointments
are not kept by the requester.
Licensing
Taxi Driver 1st Application Apr-20 £101.00 35.00% £136.00 APPROVED AT COUNCIL 21.02.23
Taxi Driver Licence Renewal 1 year Apr-20 £48.00 35.00% £65.00
Taxi Driver Licence Renewal 2 years Apr-20 £92.00 35.00% £124.00
Taxi Driver Licence Renewal 3 years Apr-20 £131.00 35.00% £177.00
Taxi Licence (application) (1st fee) Apr-20 £72.00 35.00% £97.00
Taxi Licence (application) (2nd fee) Apr-20 £325.00 35.00% £439.00
Taxi Licence Renewal (Inc cost of plates) Apr-20 £335.00 35.00% £452.00
Private Hire Car Driver 1st Application Apr-20 £72.00 35.00% £97.00
Private Hire Car Driver Licence Renewal 1 year Apr-20 £48.00 35.00% £65.00
Private Hire Car Driver Licence Renewal 2 years Apr-20 £92.00 35.00% £124.00
Private Hire Car Driver Licence Renewal 3 years Apr-20 £131.00 35.00% £177.00
Private Hire Car Licence  (application)  (1st fee) Apr-20 £72.00 35.00% £97.00
Private Hire Car Licence (application) (2nd fee) (Inc cost of plates) Apr-20 £314.00 35.00% £424.00
Private Hire Car Licence Renewal Apr-20 £335.00 35.00% £452.00
Special Events (application)  (1st fee) Apr-20 £72.00 35.00% £97.00
Special Events (application) (2nd fee) Apr-20 £314.00 35.00% £424.00
Special Events Renewal (Inc cost of plates) Apr-20 £335.00 35.00% £452.00
Window Cleaner Licence 1 year (application) Apr-20 £72.00 35.00% £97.00
Window Cleaner  Renewal Licence 1 year Apr-20 £48.00 35.00% £65.00
Window Cleaner Renewal Licence 2 years Apr-20 £92.00 35.00% £124.00
Window Cleaner Renewal Licence 3 years Apr-20 £131.00 35.00% £177.00
Street Trader Licence (application) (Incl Vehicles) Apr-20 £157.00 35.00% £212.00
Street Trader Licence (Renewal) (Incl Vehicles) Apr-20 £125.00 35.00% £169.00
Street Trader Licence (Renewal) (Two Years)  (Incl Vehicles) Apr-20 £179.00 35.00% £242.00
Street Trader Licence (Renewal) (Three Years) (Incl Vehicles) Apr-20 £255.00 35.00% £344.00
Street Trader Licence - material change/substitute vehicle Apr-20 £54.00 35.00% £73.00
APPROVED AT COUNCIL 21.02.23                         
1. Application and renewal fees for licences should
reflect cost to the Council of processing the same
which limits the ability to increase fees.
2. Where applicants can apply for 1, 2 or 3 year
licences, fees for 2 and 3 year licences are based on
95% and 90% of cost of 1 year licence respectively.
Proposals for licensing charges form part of financial budget saving
measures. See financial report.
Increased costs reflect full cost recovery for the application and
administration of civic licenses.
Benchmarking of Public Entertainment Licenses within LGBF family
group show that overall Midlothian is charging less than other
authorities, on average 30-50% less and for some up to 100% less
than others.
The increase in charges will be mitigated as some licence holders
with a three year licence will not require to renew their licence for
23/24, others who lost a year’s trading will be entitled to a year’s
free licence as per the GP Committee decision unless those who
had their free year in 2022/23.
Page 66 of 280

Page 67

Description of charge Last
Revised
Current
charge
22/23
(charges
have
remained
static since
April 2020) 
Increase
(%)
New charge
for  23/24
(rounded)
Comments Additional information
Updated: 21/02/2023                                                                                                                                                                                                                                                                                                                                                                                                                               Note: Actual % increases will vary due to roundings.
Wheelie Bin Cleaner Licence (1st application) (with  examination element) Apr-20 £140.00 35.00% £189.00
Wheelie Bin Cleaner Licence (Renewal) (with examination element) 1 year Apr-20 £102.00 35.00% £138.00
Wheelie Bin Cleaner Licence - Renewal (two years) Apr-20 £168.00 35.00% £227.00
Wheelie Bin Cleaner Licence (Renewal) (three years) Apr-20 £239.00 35.00% £323.00
Wheelie Bin Cleaner - Employee (application) Apr-20 £72.00 35.00% £97.00
Wheelie Bin Cleaner - Employee Renewal (one year) Apr-20 £48.00 35.00% £65.00
Wheelie Bin Cleaner- Employee Renewal (two years) Apr-20 £92.00 35.00% £124.00
Wheelie Bin Cleaner - Employee Renewal (three years) Apr-20 £131.00 35.00% £177.00
Other Street Trader Licence (1st application) (no inspection) Apr-20 £72.00 35.00% £97.00
Other Street Trader Licence (Renewal)  (no inspection) Apr-20 £48.00 35.00% £65.00
Other Street Trader Licence Year 2 (no inspection) -5% Apr-20 £92.00 35.00% £124.00
Other Street Trader Licence Year 3 (no inspection) -10% Apr-20 £131.00 35.00% £177.00
Public indoor Sports Entertainment Licence (3 years) Apr-20 £266.00 35.00% £359.00 APPROVED AT COUNCIL 21.02.23
Public Indoor Sports Entertainment Licence Renewal (3 years) Apr-20 £167.00 35.00% £225.00 APPROVED AT COUNCIL 21.02.23
Public Indoor Sports Entertainment Licence - Variation Apr-20 £54.00 35.00% £73.00 APPROVED AT COUNCIL 21.02.23
Metal Dealer Licence (3 years) Apr-20 £266.00 35.00% £359.00 APPROVED AT COUNCIL 21.02.23
Metal Dealer Licence Renewal (3 years) Apr-20 £167.00 35.00% £225.00 APPROVED AT COUNCIL 21.02.23
Metal Dealer Licence - material change Apr-20 £54.00 35.00% £73.00 APPROVED AT COUNCIL 21.02.23
Second Hand Dealer Licence (3 years) Apr-20 £296.00 35.00% £400.00 APPROVED AT COUNCIL 21.02.23
Second Hand Dealer Licence Renewal (3 years) Apr-20 £189.00 35.00% £255.00 APPROVED AT COUNCIL 21.02.23
Second Hand Car Dealer Licence (3 years) Apr-20 £296.00 35.00% £400.00 APPROVED AT COUNCIL 21.02.23
Second Hand Car Dealer Licence Renewal (3 years) Apr-20 £190.00 35.00% £257.00 APPROVED AT COUNCIL 21.02.23
Market Operator Licence (3 years) Apr-20 £296.00 35.00% £400.00 APPROVED AT COUNCIL 21.02.23
Market Operator Licence Renewal (3 years) Apr-20 £190.00 35.00% £257.00 APPROVED AT COUNCIL 21.02.23
Market Operator Licence - material change Apr-20 £54.00 35.00% £73.00 APPROVED AT COUNCIL 21.02.23
Late Hours Catering Licence (3 years) Apr-20 £266.00 35.00% £359.00 APPROVED AT COUNCIL 21.02.23
Late Hours Catering Licence Renewal (3 years) Apr-20 £167.00 35.00% £225.00 APPROVED AT COUNCIL 21.02.23
Late Hours Catering Licence - material change Apr-20 £54.00 35.00% £73.00 APPROVED AT COUNCIL 21.02.23
Tattooing/Skin Piercing Licence (3 years) Apr-20 £266.00 35.00% £359.00 APPROVED AT COUNCIL 21.02.23
Tattooing/Skin Piercing Licence Renewal (3 years) Apr-20 £167.00 35.00% £225.00 APPROVED AT COUNCIL 21.02.23
Hire Car Booking Office Licence (first application) Apr-20 £281.00 35.00% £379.00 APPROVED AT COUNCIL 21.02.23
Hire Car Booking Office Licence (renewal) Apr-20 £281.00 35.00% £379.00 APPROVED AT COUNCIL 21.02.23
Knife Dealers Licence (3 years) Apr-20 £289.00 35.00% £390.00 APPROVED AT COUNCIL 21.02.23
Knife Dealers Licence Renewal (3 years) Apr-20 £184.00 35.00% £248.00 APPROVED AT COUNCIL 21.02.23
Venison Dealer Licence Application (3 years) Apr-20 £262.00 35.00% £354.00 APPROVED AT COUNCIL 21.02.23
Venison Dealer Licence Renewal (3 years) Apr-20 £164.00 35.00% £221.00 APPROVED AT COUNCIL 21.02.23
Cosmetic Ear Piercing Licence (3 years) Apr-20 £131.00 35.00% £177.00 APPROVED AT COUNCIL 21.02.23
Cosmetic Ear Piercing Licence Renewal (3 Years) Apr-20 £131.00 35.00% £177.00 APPROVED AT COUNCIL 21.02.23
Houses in Multiple Occupation Licence (application) [up to 5 persons] Apr-20 £266.00 35.00% £359.00 APPROVED AT COUNCIL 21.02.23
Houses in Multiple Occupation Licence Renewal [up to 5 persons] Apr-20 £167.00 35.00% £225.00 APPROVED AT COUNCIL 21.02.23
Houses in Multiple Occupation Licence (application) [between 6 and 10 persons] Apr-20 £340.00 35.00% £459.00 APPROVED AT COUNCIL 21.02.23
Houses in Multiple Occupation Licence Renewal [between 6 and 10 persons] Apr-20 £210.00 35.00% £284.00 APPROVED AT COUNCIL 21.02.23
Houses in Multiple Occupation Licence [more than 10 persons] Apr-20 £430.00 35.00% £581.00 APPROVED AT COUNCIL 21.02.23
Houses in Multiple Occupation Licence Renewal [more than 10 persons] Apr-20 £268.00 35.00% £362.00 APPROVED AT COUNCIL 21.02.23
Houses in Multiple Occupation Licence - change in material circumstances Apr-20 £54.00 35.00% £73.00 APPROVED AT COUNCIL 21.02.23
Page 67 of 280

Page 68

Description of charge Last
Revised
Current
charge
22/23
(charges
have
remained
static since
April 2020) 
Increase
(%)
New charge
for  23/24
(rounded)
Comments Additional information
Updated: 21/02/2023                                                                                                                                                                                                                                                                                                                                                                                                                               Note: Actual % increases will vary due to roundings.
Itinerant Metal Dealer Licence Apr-20 £100.00 35.00% £135.00 APPROVED AT COUNCIL 21.02.23
Itinerant Metal Dealer Licence Renewal Apr-20 £100.00 35.00% £135.00 APPROVED AT COUNCIL 21.02.23
Sex Shop Licence Application (application) 1 year Apr-20 £207.00 35.00% £279.00 APPROVED AT COUNCIL 21.02.23
Sex Shop Licence Renewal (3 years) Apr-20 £368.00 35.00% £497.00 APPROVED AT COUNCIL 21.02.23
Second Hand Dealers Register Apr-20 £92.00 35.00% £124.00 APPROVED AT COUNCIL 21.02.23                                                             
Discretionary charge
Second Hand Dealers log book Apr-20 £12.00 35.00% £16.00 APPROVED AT COUNCIL 21.02.23                                                             
Discretionary charge
Replacement Private Hire Car Disc Apr-20 £28.00 35.00% £38.00 APPROVED AT COUNCIL 21.02.23                                                             
Discretionary charge
Replacement Private Hire Car Plate Apr-20 £28.00 35.00% £38.00 APPROVED AT COUNCIL 21.02.23                                                             
Discretionary charge
Replacement Private Hire Car Bracket for Plate Apr-20 £28.00 35.00% £38.00 APPROVED AT COUNCIL 21.02.23
Replacement Taxi Plate - Front Apr-20 £54.00 35.00% £73.00 APPROVED AT COUNCIL 21.02.23                                                             
Discretionary charge
Replacement Taxi Plate - Rear Apr-20 £54.00 35.00% £73.00 APPROVED AT COUNCIL 21.02.23                                                             
Discretionary charge
Replacement Taxi Plate - Internal Apr-20 £54.00 35.00% £73.00 APPROVED AT COUNCIL 21.02.23                                                             
Discretionary charge
Copy Licence Apr-20 £54.00 35.00% £73.00 APPROVED AT COUNCIL 21.02.23                                                             
Discretionary charge
Copy Identification Card Apr-20 £54.00 35.00% £73.00 APPROVED AT COUNCIL 21.02.23                                                             
Discretionary charge
Taxi Adjust Licence Change of Vehicle : inspection required (includes cost of plates) Apr-20 £74.00 35.00% £100.00 APPROVED AT COUNCIL 21.02.23
Taxi Adjust Licence Change of Vehicle : No Inspection Required (includes cost of plates) Apr-20 £34.00 35.00% £46.00 APPROVED AT COUNCIL 21.02.23
Private Hire Car Adjust Licence Change of Vehicle (insp/inc plates) Apr-20 £74.00 35.00% £100.00 APPROVED AT COUNCIL 21.02.23
Private Hire Car Adjust Licence Change of Vehicle (no insp/inc plates) Apr-20 £34.00 35.00% £46.00 APPROVED AT COUNCIL 21.02.23
Exemption - Metal Dealers only Apr-20 £87.00 35.00% £117.00 APPROVED AT COUNCIL 21.02.23
Cherished Registration Plate Apr-20 £54.00 35.00% £73.00 APPROVED AT COUNCIL 21.02.23
Certified Extract of Register Apr-20 £28.00 35.00% £38.00 APPROVED AT COUNCIL 21.02.23                                                             
Discretionary charge
Copy of Register Apr-20 £92.00 35.00% £124.00 APPROVED AT COUNCIL 21.02.23                                                             
Discretionary charge
Re-inspection Charge (Taxi and Private Hire Car) Apr-20 £54.00 35.00% £73.00 APPROVED AT COUNCIL 21.02.23
Cancellation of Inspection Appointment (Taxi and Private Hire Car) Apr-20 £96.00 35.00% £130.00 APPROVED AT COUNCIL 21.02.23
Post Red Sticker Examination (Taxi and Private Hire Car) Apr-20 £54.00 35.00% £73.00 APPROVED AT COUNCIL 21.02.23
Taxi Advertisement - Internal Apr-20 £20.00 35.00% £27.00 APPROVED AT COUNCIL 21.02.23
Taxi Advertisement - External Apr-20 £51.00 35.00% £69.00 APPROVED AT COUNCIL 21.02.23
Taxi Advertisement - Superside Apr-20 £61.00 35.00% £82.00 APPROVED AT COUNCIL 21.02.23
Taxi Advertisement - Full Livery Apr-20 £105.00 35.00% £142.00 APPROVED AT COUNCIL 21.02.23
Private Hire Car Advertisement Apr-20 £51.00 35.00% £69.00 APPROVED AT COUNCIL 21.02.23
Private Hire Car - prebooked door sign Apr-20 £12.00 35.00% £16.00 APPROVED AT COUNCIL 21.02.23                                                             
Discretionary charge
Hire car booking office - change of circumstances Apr-20 £54.00 35.00% £73.00 APPROVED AT COUNCIL 21.02.23
Hypnotism (not theatre or public entertainment venue) Apr-20 £119.00 35.00% £161.00 APPROVED AT COUNCIL 21.02.23
Page 68 of 280

Page 69

Description of charge Last
Revised
Current
charge
22/23
(charges
have
remained
static since
April 2020) 
Increase
(%)
New charge
for  23/24
(rounded)
Comments Additional information
Updated: 21/02/2023                                                                                                                                                                                                                                                                                                                                                                                                                               Note: Actual % increases will vary due to roundings.
Performing Animals Apr-20 £67.00 35.00% £90.00 APPROVED AT COUNCIL 21.02.23
Zoo (inspection costs to be borne by applicant) Apr-20 £59.00 35.00% £80.00 APPROVED AT COUNCIL 21.02.23
Zoo - change of manager Apr-20 £54.00 35.00% £73.00 APPROVED AT COUNCIL 21.02.23
Cinema 1 year and renewals Apr-20 £266.00 35.00% £359.00 APPROVED AT COUNCIL 21.02.23
Cinema Occasional (month), (max £230 any one year) Apr-20 £54.00 35.00% £73.00 APPROVED AT COUNCIL 21.02.23
Cinema Transfer Apr-20 £54.00 35.00% £73.00 APPROVED AT COUNCIL 21.02.23
Cinema - charity Apr-20 £0.00 35.00% £0.00 APPROVED AT COUNCIL 21.02.23
Car boot sales licence - charity Apr-20 £0.00 35.00% £0.00 APPROVED AT COUNCIL 21.02.23
Public charitable collection permit Apr-20 £0.00 35.00% £0.00 APPROVED AT COUNCIL 21.02.23
Taxi Wheelchair exemption certificate Apr-20 £26.00 35.00% £35.00 APPROVED AT COUNCIL 21.02.23
For duration of licence or temporary period as
determined.
Topographical Test 2nd Resit onwards Apr-20 £69.00 35.00% £93.00 APPROVED AT COUNCIL 21.02.23
Variation of Taxi/PH car licence to fit forward facing cameras Apr-20 £57.00 35.00% £77.00 APPROVED AT COUNCIL 21.02.23
Variation of Taxi/PH car licence to fit safety cameras Apr-20 £57.00 35.00% £77.00 APPROVED AT COUNCIL 21.02.23
Material Change in Circumstances Apr-20 £54.00 35.00% £73.00 APPROVED AT COUNCIL 21.02.23
Request to vary conditions Apr-20 £54.00 35.00% £73.00 APPROVED AT COUNCIL 21.02.23
Temporary Public Entertainment Licence Capacity under 1,000 Apr-20 £117.00 50.00% £176.00 APPROVED AT COUNCIL 21.02.23
Temporary Public Entertainment Licence Capacity 1,001 - 5,000 Apr-20 £234.00 50.00% £351.00 APPROVED AT COUNCIL 21.02.23
Temporary Public Entertainment Licence Capacity 5,001 - 10,000 Apr-20 £468.00 75.00% £819.00 APPROVED AT COUNCIL 21.02.23
Temporary Public Entertainment Licence Capacity over 10,000 Apr-20 £936.00 100.00% £1,872.00 APPROVED AT COUNCIL 21.02.23
Surcharge - Temporary Licence - (Including public entertainment) capacity under 1,000 Apr-20 £140.00 50.00% £210.00 APPROVED AT COUNCIL 21.02.23
Surcharge - Temporary Licence - (Including public entertainment) capacity 1,001 to 5,000 Apr-20 £281.00 50.00% £422.00 APPROVED AT COUNCIL 21.02.23
Surcharge - Temporary Licence - (Including public entertainment) capacity 5,001 to 10,000 Apr-20 £561.00 75.00% £982.00 APPROVED AT COUNCIL 21.02.23
Surcharge - Temporary Licence - (Including public entertainment) capacity over 10,000 Apr-20 £1,123.00 100.00% £2,246.00 APPROVED AT COUNCIL 21.02.23
Public Entertainment Licence (3 years) Capacity under 1,000 Apr-20 £262.00 50.00% £393.00 APPROVED AT COUNCIL 21.02.23
Public Entertainment Licence (3 years) Capacity 1,001 - 5,000 Apr-20 £524.00 50.00% £786.00 APPROVED AT COUNCIL 21.02.23
Public Entertainment Licence (3 years) Capacity 5,001 - 10,000 Apr-20 £1,048.00 75.00% £1,834.00 APPROVED AT COUNCIL 21.02.23
Public Entertainment Licence (3 years) Capacity over 10,000 Apr-20 £2,096.00 100.00% £4,192.00 APPROVED AT COUNCIL 21.02.23
Public Entertainment Licence Renewal (3 years) Capacity under 1,000 Apr-20 £164.00 50.00% £246.00 APPROVED AT COUNCIL 21.02.23
Public Entertainment Licence Renewal (3 years) Capacity 1,001 - 5,000 Apr-20 £328.00 50.00% £492.00 APPROVED AT COUNCIL 21.02.23
Public Entertainment Licence Renewal (3 years) Capacity 5,001 - 10,000 Apr-20 £656.00 75.00% £1,148.00 APPROVED AT COUNCIL 21.02.23
Public Entertainment Licence Renewal (3 years) Capacity over 10,000 Apr-20 £1,312.00 100.00% £2,624.00 APPROVED AT COUNCIL 21.02.23
Public entertainment Licence - material change Apr-20 £54.00 50.00% £81.00 APPROVED AT COUNCIL 21.02.23
Safety Advisory Group (SAG) co-ordination fee New n/a n/a n/a New charge proposed as part of budget savings proposals. Fee
aimed at Commercial events where a significant amount of
resource is required across various services council wide to assist
in the delivery of the event (not including planning and managing).
A schedule of fees would be prescribed as part of  a new policy. 
APPROVED AT COUNCIL 21.02.23                                 
Events charging policy to be presented to May
Council.
Environmental Health - other
Licence fees for animal boarding, dog breeding, dangerous wild animals and pet shops Apr-20 £127.00 10.00% £140.00 Note this charge is exclusive of  Vets fees  (at first
licence or in event of complaint/compliance concerns
where specialist report required at renewal of
licence). Vet fees vary and are 100% recovered.
Benchmarking against other local authorities carried out to
determine the increase to charges.                                                                       
Page 69 of 280

Page 70

Description of charge Last
Revised
Current
charge
22/23
(charges
have
remained
static since
April 2020) 
Increase
(%)
New charge
for  23/24
(rounded)
Comments Additional information
Updated: 21/02/2023                                                                                                                                                                                                                                                                                                                                                                                                                               Note: Actual % increases will vary due to roundings.
Performing Animals Apr-20 £70.00 10.00% £77.00
Riding  establishments Apr-20 £127.00 10.00% £140.00 This annual licensing fee is exclusive of  Vets fees.
Vet fees vary and are 100% recovered.
Immigration certificates Apr-20 £105.00 10.00% £116.00
Fast track Immigration certificate -  required within 4 working days of request (50% surcharge on usual fee) Apr-20 £157.50 10.00% £173.00 This fee is a 50% surcharge on the flat fee and
therefore should be £173.30.
Food export certificate Apr-20 £32.00 10.00% £35.00 Manufacturers require export certificates in specific
circumstances.
Export Health certificate (where inspection visit is required) (per hour) New n/a 0.00% £30.00 New charge proposed where a visit is required to inspect a food
consignment. The charge covers officers time, which is dependent
on the size of the consignment and administration of the
certification by the officer. After benchmarking,  neighbouring local
authorities charge a flat fee of over £100.
Products of animal origin require inspection before
export. The Export Health Certificate accompanies
the consignment.
Food Hygiene Certificate, for premises looking for a premises licence under Section 50 of the Licensing
(Scotland) Act 2005. 
New n/a 0.00% £108.00 New charge proposed to cover costs of officer time and
administration. Benchmarked against other local authorities.
APPROVED BY COUNCIL 21.02.23
Certificate of Compliance, for street trading vehicles under Section 39 Civic Government Scotland Act. New n/a 0.00% £93.00 New charge proposed to cover costs of officer time and
administration. Benchmarked against other local authorities.
APPROVED BY COUNCIL 21.02.23
Stray dogs
Collection on day 1 -3 Apr-20 £17.00 0.00% £17.00
Collection after day 3  (£17  plus £4.40 per every day thereafter) Apr-20 n/a 0.00% n/a
Short term lets
Initial Application or Renewal of Licence Application – Secondary Letting
Up to 4 bedrooms/8 guests Oct-22 £465.00 0.00% £465.00
Up to 4 bedrooms/8 guests - Fee to consider material change Oct-22 £270.00 0.00% £270.00
5 - 8 Bedrooms/16 guests Oct-22 £525.00 0.00% £525.00
5 - 8 Bedrooms/16 guests -  Fee to consider material change Oct-22 £315.00 0.00% £315.00
More than 8 bedrooms/16 guests Oct-22 £660.00 0.00% £660.00
More than 8 bedrooms/16 guests -  Fee to consider material change Oct-22 £390.00 0.00% £390.00
Initial Application or Renewal of Licence Application – Home Sharing/Home Letting
1 bedroom/3 guests Oct-22 £210.00 0.00% £210.00
1 bedroom/3 guests -  Fee to consider material change Oct-22 £100.00 0.00% £100.00
2-3 Bedrooms/9 guests Oct-22 £250.00 0.00% £250.00
2-3 Bedrooms/9 guests -  Fee to consider material change Oct-22 £130.00 0.00% £130.00
4 bedrooms/ 9 guests Oct-22 £330.00 0.00% £330.00
4 bedrooms/ 9 guests -  Fee to consider material change Oct-22 £190.00 0.00% £190.00
Other charges
Duplicate Licence Oct-22 £35.00 0.00% £35.00
True copy of any entry on the public register Oct-22 £100.00 0.00% £100.00
Visits to the premises where the visit is necessary because of the failure of the host or operator (price per hour) Oct-22 £115.00 0.00% £115.00
All fees collected go to the kennels providing board. No increases
required.
Short term let fees introduced October 2022, fees to remain
unchanged for 23/24 and reviewed for April 2024.
Short term let fees introduced October 2022, fees to remain
unchanged for 23/24 and reviewed for April 2024.
Short term let fees introduced October 2022, fees to remain
unchanged for 23/24 and reviewed for April 2024.
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Current
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22/23
(charges
have
remained
static since
April 2020) 
Increase
(%)
New charge
for  23/24
(rounded)
Comments Additional information
Updated: 21/02/2023                                                                                                                                                                                                                                                                                                                                                                                                                               Note: Actual % increases will vary due to roundings.
Trading Standards
Petroleum Licence (up to 2,500 litres) Apr-19 £42.00 0.00% £42.00 Statutory charge
Petroleum Licence (2,500-50,00 litres) Apr-19 £58.00 0.00% £58.00 Statutory charge
Petroleum Licence (over 50,000 litres) Apr-19 £120.00 0.00% £120.00 Statutory charge
Petroleum Licence (Transfer of licence) Apr-19 £8.00 0.00% £8.00 Statutory charge
Explosives Store Licence (Initial application) Apr-19 £178.00 0.00% £178.00 Statutory charge
Explosives Store Licence (Renewal) Apr-19 £83.00 0.00% £83.00 Statutory charge
Explosives Store Registration (Initial Registration) Apr-19 £105.00 0.00% £105.00 Statutory charge
Explosives Store Registration (Renewal) Apr-19 £52.00 0.00% £52.00 Statutory charge
Explosives Store Registration (Variation) Apr-19 £35.00 0.00% £35.00 Statutory charge
Weights and Measures Equipment Test Fees (weights fee) Apr-19 £7.30 10.00% £8.00 For other weights
Weights and Measures Equipment Test Fees (weights fee) Apr-19 £9.80 10.00% £10.80 For weights exceeding 5kg or not exceeding 500mg
Weights and Measures Equipment Test Fees (length fee) Apr-19 £10.20 10.00% £11.20
Weights and Measures Equipment Test Fees (liquid capacity measure fee) Apr-19 £28.60 10.00% £31.40
Weights and Measures Equipment Test Fees (certificate) Apr-19 £41.00 10.00% £45.00
Weights and Measures Equipment Testing (hourly rate) Apr-19 £80.00 10.00% £88.00
Landlord fees
Landlord Registration Fee - Principal (3 years) Apr-19 £65.00 0.00% £65.00
Landlord Registration Fee - Property (3 year per property) Apr-19 £15.00 0.00% £15.00
Landlord Registration Fee - Charity (3 years) Apr-19 £0.00 0.00% £0.00
Landlord Registration Fee - HMO (3 years) Apr-19 £0.00 0.00% £0.00
Landlord Registration Fee - Multiple LA (3 years) Apr-19 £32.50 0.00% £32.50
Landlord Registration Fee - Multiple LA (3 years per property) Apr-19 £15.00 0.00% £15.00
Late Registration Fee - (3 years) Apr-19 £130.00 0.00% £130.00
Late Registration Fee - Charity (3 years) Apr-19 £130.00 0.00% £130.00
Corporate Solutions
Library Services
Overdue fines (per day) Mar-21 £0.00 0.00% £0.00 All library fines were removed in March 2021
Requests Apr-20 £0.00 0.00% £0.00
CD Hire Mar-21 £0.40 0.00% £0.40 Charges removed in March 2021
DVD (fiction) per day Mar-21 £1.30 0.00% £1.30 Charges removed in March 2021
Printing (black and white) Apr-20 £0.15 30.00% £0.20
Printing (colour) Apr-20 £0.60 0.00% £0.60
Photocopies (A4 black and white) per sheet Apr-20 £0.15 30.00% £0.20
Photocopies (A3 black and white) per sheet Apr-20 £0.20 25.00% £0.25
Photocopies (A4 colour) per sheet Apr-20 £0.60 0.00% £0.60
Photocopies (A3 colour) per sheet Apr-20 £1.10 0.00% £1.10
Laminating (A4 per sheet) Apr-20 £1.00 20.00% £1.20
Laminating (A3 per sheet) Apr-20 £1.00 50.00% £1.50
Lost Membership card Apr-20 £1.50 0.00% £1.50
Lost Membership card (under 12s) Apr-20 £0.00 0.00% £0.00
Harmonised charge across all Council
services/outlets.
Statutory charges usually set in April, but no
increases in past couple of years.
Statutory charges set by Scottish Government
Charges benchmarked against other local authorities
Benchmarking carried out across other local authorities, charges
for black and white printing, photocopying and laminating increased
accordingly.
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Current
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22/23
(charges
have
remained
static since
April 2020) 
Increase
(%)
New charge
for  23/24
(rounded)
Comments Additional information
Updated: 21/02/2023                                                                                                                                                                                                                                                                                                                                                                                                                               Note: Actual % increases will vary due to roundings.
Fax Sending (UK per sheet) Apr-20 £1.60 0.00% £1.60 Maximum £4.50
Fax Sending (Europe per sheet) Apr-20 £2.10 0.00% £2.10 Maximum £6.50
Fax Sending (International per sheet) Apr-20 £2.70 0.00% £2.70 Maximum £7.50
Fax Receiving - all Apr-20 £1.60 0.00% £1.60
Use of image for publication per image (Commercial) Apr-20 £35.00 0.00% £35.00
Use of image for publication per image (Academic) Apr-20 £20.00 0.00% £20.00
Use of image for publication per image (Local History Societies) Apr-20 £0.00 0.00% £0.00 Work in Partnership
USB Flash drives - Determined by cost Apr-20 £6.30 0.00% £6.30
Scotland People Vouchers Apr-20 £5.80 0.00% £5.80 Statutory charge
Scotland People Vouchers Apr-20 £7.00 0.00% £7.00 Statutory charge
Local Studies research New n/a n/a £20.00 Introduction of charges to undertake local studies research. This
will include 30 minutes of free research then charges applied
thereafter. Charge determine by benchmarking exercise with East
Lothian who currently charge £28.00 with an archivist to assist.
Registrars
Marriage Notice Forms Apr-20 £30.00 0.00% £30.00 Statutory charge
Civil Partnership Registration Notice Forms Apr-20 £30.00 0.00% £30.00 Statutory charge
Marriage/Civil Partnership Certificate Apr-20 £10.00 0.00% £10.00 Statutory charge
Civil Marriage Fee - in office Apr-20 £55.00 0.00% £55.00 Statutory charge
Civil Partnership Ceremony Fee - in office Apr-20 £55.00 0.00% £55.00 Statutory charge
Religious Marriage Apr-20 £70.00 0.00% £70.00 Statutory charge
Civil Partnership Registration (no ceremony) - in office Apr-20 £125.00 0.00% £125.00 Statutory charge
Civil Marriage Registration - (ceremony) - in office - no guests Apr-20 £125.00 0.00% £125.00 Statutory charge
Civil Ceremony (Saturday) - in office Apr-20 £325.00 0.00% £325.00 Includes statutory charges of £125.00
Civil Marriage - in office Apr-20 £275.00 0.00% £275.00 Includes statutory charges of £125.00
Civil Partnership Ceremony - in office Apr-20 £275.00 0.00% £275.00 Includes statutory charges of £125.00
Civil Marriage/Partnership - at venue Mon- Fri 4pm Apr-20 £400.00 0.00% £400.00
Civil Marriage/Partnership - at venue from 4pm Fri- Sat 4pm Apr-20 £420.00 0.00% £420.00
Civil Marriage/Partnership - at venue from 4pm Sat - Sun/PH Apr-20 £460.00 0.00% £460.00
Civil Partnership - at venue Apr-20 £407.00 0.00% £407.00
Non Refundable Booking Fee (in office) Apr-20 £58.00 0.00% £58.00
Non Refundable Booking Fee (in venue) Apr-20 £100.00 0.00% £100.00
Marriage/Civil Partnership Rehearsal - in office Apr-20 £59.00 0.00% £59.00
Marriage/Civil Partnership Rehearsal - at venue Apr-20 £120.00 0.00% £120.00
Birth, Death, Marriage, Civil Partnership Extracts at time of registration Apr-20 £10.00 0.00% £10.00 Statutory charge
Birth, Death, Marriage, Civil Partnership Extracts after one month of registration Apr-20 £17.00 0.00% £17.00 Includes Statutory charge £10.00
Postage charge for Birth, Death, Marriage, Civil Partnership Extracts after one month of registration Apr-20 £1.00 200.00% £3.00 Price increased to introduce a flat rate charge for postage rather    
Birth, Death, Marriage, Civil Partnership Extracts after one month of registration - Priority Service Apr-20 £22.00 0.00% £22.00 Includes Statutory charge £10.00
Public Holiday and Sunday Charge at Venue Apr-20 £63.00 0.00% £63.00
Citizenship Ceremony (if individual ceremony requested) Apr-20 £69.00 0.00% £69.00 Statutory charge
Civil Partnership to a Same Sex Marriage Conversion Apr-20 £36.00 0.00% £35.00 Statutory charge
Risk Assessment undertaken by Registrar Apr-20 £59.00 0.00% £59.00
Baby naming ceremony Mon-Fri (in office) Apr-20 £90.00 0.00% £90.00
Baby naming ceremony Mon-Fri (in venue) Apr-20 £120.00 0.00% £120.00
Baby naming ceremony Weekend & public holiday (in office) Apr-20 £100.00 0.00% £100.00
Baby naming ceremony Weekend & public holiday (venue) Apr-20 £130.00 0.00% £130.00
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Current
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22/23
(charges
have
remained
static since
April 2020) 
Increase
(%)
New charge
for  23/24
(rounded)
Comments Additional information
Updated: 21/02/2023                                                                                                                                                                                                                                                                                                                                                                                                                               Note: Actual % increases will vary due to roundings.
Renewal of vows Mon-Fri (in office) Apr-20 £90.00 0.00% £90.00
Renewal of vows Mon-Fri (in venue) Apr-20 £120.00 0.00% £120.00
Renewal of vows Weekend & public holiday (in office) Apr-20 £100.00 0.00% £100.00
Renewal of vows Weekend & public holiday (in venue) Apr-20 £130.00 0.00% £130.00
Naming of a new street Apr-20 £315.00 15.00% £360.00
Naming/Numbering of New Properties or Alterations to existing buildings: 1 property Apr-20 £105.00 15.00% £120.00
Naming/Numbering of New Properties or Alterations to existing buildings: 2 - 5 properties Apr-20 £260.00 15.00% £300.00
Naming/Numbering of New Properties or Alterations to existing buildings: 6-10  properties Apr-20 £365.00 15.00% £420.00
Naming/Numbering of New Properties or Alterations to existing buildings: 11-20  properties Apr-20 £525.00 15.00% £600.00
Naming/Numbering of New Properties or Alterations to existing buildings: 21-50  properties Apr-20 £785.00 15.00% £900.00
Naming/Numbering of New Properties or Alterations to existing buildings: 51-100 properties Apr-20 £1,050.00 15.00% £1,200.00
Naming/Numbering of New Properties or Alterations to existing buildings: 101 plus properties (Plus additional £45
per plot)
Apr-20 £1,470.00 15.00% £1,700.00
Allocation of a house name or renumbering/change of address Apr-20 £105.00 15.00% £120.00
Health and Social Care
Adult Social Care
Homecare Charges per hour Apr-20 £12.40 0.00% £12.40
Housing Support per hour Apr-20 £12.40 0.00% £12.40
Telecare and Community Alarms (per week) Apr-20 £4.00 0.00% £4.00
Day Centre Meals (Cherry Road/CAT) Apr-20 £2.40 0.00% £2.40 Financial assessment determines cost with a
maximum charge.
Care Home Charges Apr-20 n/a 0.00% n/a Financial assessment required, set in accordance
with Scottish Government Guidance Annually in
March Day Centre Charges (Highbank - meals, per day) Apr-20 £4.10 0.00% £4.10
Transport - Highbank Apr-20 £3.90 0.00% £3.90
Transport - all other (per journey) Apr-20 £1.00 0.00% £1.00
Adult day centre (per day) Apr-20 £3.15 0.00% £3.15 Financial assessment determines cost with a
maximum charge.
Healthy Living Services
11 a-side grass pitch Aug-20 £23.00 0.00% £23.00
7-a-side grass pitch Aug-20 £12.50 0.00% £12.50
Off pitch training area - grass Aug-20 £18.50 0.00% £18.50
11-a-side 3G pitch Aug-20 £47.00 0.00% £47.00
7-a-side 3G pitch Aug-20 £40.00 0.00% £40.00
5-a-side 3G pitch Aug-20 £32.00 0.00% £32.00
11-a-side astro turf pitch Aug-20 £20.00 0.00% £20.00
7-a-side astro turf pitch Aug-20 £16.00 0.00% £16.00
Changing Rooms for matches only Aug-20 £23.00 0.00% £23.00
Harmonised pitches Charges - ALL Midlothian Facilities per hour - Standard  Charge
Charges across all leisure services are frozen. There will be an
external review of charges and memberships and, when that is
completed, a full report will be brought to Council outlining any
suggested changes to charges.
Street name and numbering
Benchmarking carried out with Edinburgh, Scottish Borders, Perth
and Kinross. In comparison to those authorities Midlothian sit at the
higher end.
Financial assessment determines cost with a
maximum charge.
Midlothian Health and Social Care Partnership are currently
undertaking some work to review their charging policy and eligibility
criteria. This will require some benchmarking and will also need to
take account of the still pending funding settlement for 2023-24
directed by the Scottish Government and agreed by Midlothian
Council and NHS Lothian. Consequently, it is anticipated that a
further report on Social Care charges will be brought to Council as
soon as is feasible.
APPROVED BY COUNCIL 21.02.23                   
With the exception of the charge for single
developments all other charges are services aimed
at property developers.
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Current
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static since
April 2020) 
Increase
(%)
New charge
for  23/24
(rounded)
Comments Additional information
Updated: 21/02/2023                                                                                                                                                                                                                                                                                                                                                                                                                               Note: Actual % increases will vary due to roundings.
Class rooms/meeting rooms (0 - 60 sqm) Aug-20 £12.50 0.00% £12.50
Small Hall (61 - 300 sqm) Aug-20 £27.00 0.00% £27.00
Medium Hall (301 - 600sqm) Aug-20 £46.00 0.00% £46.00
Large Hall (601 + sqm) Aug-20 £91.00 0.00% £91.00
Tonezone Membership
Platinum:
Individual Aug-20 £48.30 0.00% £48.30
Individual: 12 months for the price of 10 months Aug-20 £483.00 0.00% £483.00
Joint Aug-20 £85.40 0.00% £85.40
Joint: 12 months for the price of 10 months Aug-20 £854.00 0.00% £854.00
Corporate Aug-20 £39.00 0.00% £39.00
Corporate: 12 months for the price of 10 months Aug-20 £390.00 0.00% £390.00
Student Aug-20 £28.60 0.00% £28.60
Student 12 months for the price of 10 months Aug-20 £286.00 0.00% £286.00
Junior Aug-20 £24.20 0.00% £24.20
Junior: 12 months for the price of 10 months Aug-20 £242.00 0.00% £242.00
Gold:
Individual Aug-20 £44.50 0.00% £44.50
Individual: 12 months for the price of 10 months Aug-20 £445.00 0.00% £445.00
Joint Aug-20 £79.10 0.00% £79.10
Joint: 12 months for the price of 10 months Aug-20 £791.00 0.00% £791.00
Corporate Aug-20 £34.60 0.00% £34.60
Corporate: 12 months for the price of 10 months Aug-20 £346.50 0.00% £346.50
Student Aug-20 £26.00 0.00% £26.00
Student:12 months for the price of 10 months Aug-20 £260.00 0.00% £260.00
Junior Aug-20 £22.50 0.00% £22.50
Junior: 12 months for the price of 10 months Aug-20 £224.00 0.00% £224.00
Silver:
Individual Aug-20 £34.60 0.00% £34.60
Individual: 12 months for the price of 10 months Aug-20 £346.50 0.00% £346.50
Joint Aug-20 £62.00 0.00% £62.00
Joint: 12 months for the price of 10 months Aug-20 £618.50 0.00% £618.50
Corporate Aug-20 £27.80 0.00% £27.80
Corporate: 12 months for the price of 10 months Aug-20 £278.00 0.00% £278.00
Student Aug-20 £23.60 0.00% £23.60
Student: 12 months for the price of 10 months Aug-20 £236.00 0.00% £236.00
Junior Aug-20 £21.30 0.00% £21.30
Junior: 12 months for the price of 10 months Aug-20 £213.00 0.00% £213.00
Bronze:
Individual Aug-20 £31.20 0.00% £31.20
Individual: 12 months for the price of 10 months Aug-20 £312.00 0.00% £312.00
Joint Aug-20 £55.60 0.00% £55.60
Joint: 12 months for the price of 10 months Aug-20 £556.50 0.00% £556.50
Corporate Aug-20 £25.40 0.00% £25.40
Corporate: 12 months for the price of 10 months Aug-20 £254.00 0.00% £254.00
Student Aug-20 £18.90 0.00% £18.90
Student: 12 months for the price of 10 months Aug-20 £189.00 0.00% £189.00
Junior Aug-20 £17.90 0.00% £17.90
Junior: 12 months for the price of 10 months Aug-20 £178.50 0.00% £178.50
Charges across all leisure services are frozen. There will be an
external review of charges and memberships and, when that is
completed, a full report will be brought to Council outlining any
suggested changes to charges.
Concessions will be applied in accordance with the
Concessions Policy.
Charges across all leisure services are frozen. There will be an
external review of charges and memberships and, when that is
completed, a full report will be brought to Council outlining any
suggested changes to charges.
Harmonised Hall Charges - ALL Midlothian Facilities per hour - Standard Charge
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Current
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22/23
(charges
have
remained
static since
April 2020) 
Increase
(%)
New charge
for  23/24
(rounded)
Comments Additional information
Updated: 21/02/2023                                                                                                                                                                                                                                                                                                                                                                                                                               Note: Actual % increases will vary due to roundings.
Active Golden Years:
Individual Aug-20 £20.80 0.00% £20.80
Individual: 12 months for the price of 10 months Aug-20 £208.00 0.00% £208.00
Joint Aug-20 £33.50 0.00% £33.50
Joint: 12 months for the price of 10 months Aug-20 £333.50 0.00% £333.50
Teenzone:
Individual Aug-20 £17.60 0.00% £17.60
Individual: 12 months for the price of 10 months Aug-20 £175.00 0.00% £175.00
Joining fee:
Individual Aug-20 £31.90 0.00% £31.90
Joint Aug-20 £44.70 0.00% £44.70
Student/Junior/Teenzone Aug-20 £11.30 0.00% £11.30
Access to Midlothian Card
Access to Midlothian Card - 6 months Aug-20 £78.00 0.00% £78.00
Access to Midlothian Card - 12 months Aug-20 £133.00 0.00% £133.00
Access to Midlothian Administration(for those who do not have a card) Aug-20 £4.90 0.00% £4.90
Access to Midlothian Administration(for those who do not have a card) concession Aug-20 £4.90 0.00% £4.90
Leisure Centre facilities
Swim Aug-20 £4.80 0.00% £4.80
Swim (concession) Aug-20 £2.50 0.00% £2.50
Family Swim Aug-20 £13.20 0.00% £13.20
Swimming (Adult) Private Lesson Aug-20 £13.20 0.00% £13.20
Swimming Lesson - per lesson Aug-20 £7.70 0.00% £7.70
Swimming Lesson - per lesson (concession) Aug-20 £5.70 0.00% £5.70
Swimming Lesson - per lesson Discounted rate for additional child (must be a sibling) Aug-20 £6.70 0.00% £6.70
Swimming Lesson - per lesson Discounted rate for additional child(must be a sibling) concession Aug-20 £5.10 0.00% £5.10
Adult Clubs and Private Hire (Pool Parties) per lane (25m) Aug-20 £19.80 0.00% £19.80
Schools and Junior Clubs (leisure) per lane (25m) Aug-20 £13.60 0.00% £13.60
School - full pool - charge - Adults fee paying classes Aug-20 £38.00 0.00% £38.00
School - full pool - charge - Adults fee paying classes (concession) Aug-20 £22.80 0.00% £22.80
Health Suite Aug-20 £7.70 0.00% £7.70
Health Suite (concession) Aug-20 £4.40 0.00% £4.40
Fitness Suite Aug-20 £7.30 0.00% £7.30
Fitness Suite (concession) Aug-20 £4.40 0.00% £4.40
Sauna Aug-20 £5.70 0.00% £5.70
Sauna (concession) Aug-20 £3.60 0.00% £3.60
Swim + Health suite or sauna Aug-20 £8.80 0.00% £8.80
Swim + Health suite or sauna (concession) Aug-20 £5.20 0.00% £5.20
Badminton (per person per hour) Aug-20 £5.80 0.00% £5.80
Badminton (per person per hour)  (concession) Aug-20 £2.80 0.00% £2.80
Squash Court Aug-20 £10.00 0.00% £10.00
Squash Court (concession) Aug-20 £5.60 0.00% £5.60
Table Tennis (per person per hour) Aug-20 £3.40 0.00% £3.40
Table Tennis (per person per hour) (concession) Aug-20 £2.85 0.00% £2.85
Water Polo Lesson - a lesson Aug-20 £5.90 0.00% £5.90
Charges across all leisure services are frozen. There will be an
external review of charges and memberships and, when that is
completed, a full report will be brought to Council outlining any
suggested changes to charges.
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Description of charge Last
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Current
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22/23
(charges
have
remained
static since
April 2020) 
Increase
(%)
New charge
for  23/24
(rounded)
Comments Additional information
Updated: 21/02/2023                                                                                                                                                                                                                                                                                                                                                                                                                               Note: Actual % increases will vary due to roundings.
Carpet Bowls per person per hour Aug-20 £3.40 0.00% £3.40
Carpet Bowls per person per hour (concession) Aug-20 £2.85 0.00% £2.85
Bowling - per person per hour - outdoor Aug-20 £3.80 0.00% £3.80
Bowling - per person per hour - outdoor (concession) Aug-20 £2.00 0.00% £2.00
Bowling - per person per season - outdoor Aug-20 £64.00 0.00% £64.00
Bowling - per person per season - outdoor (concession) Aug-20 £32.70 0.00% £32.70
Bowling - per person per round - outdoor Aug-20 £2.00 0.00% £2.00
Bowling - per person per round - outdoor (concession) Aug-20 £1.40 0.00% £1.40
Tennis (Artificial Grass) Aug-20 £5.00 0.00% £5.00
Tennis (Artificial Grass) concession Aug-20 £3.00 0.00% £3.00
Crèche per hour Aug-20 £3.20 0.00% £3.20
Changing only Aug-20 £3.20 0.00% £3.20
Changing only concession Aug-20 £3.10 0.00% £3.10
Holiday Sports Coaching Course (5days) Aug-20 £136.00 0.00% £136.00
Kitchen (per occasion) excludes schools Aug-20 £42.00 0.00% £42.00
Midlothian Gymnastics Academy Shared Use Aug-20 £23.00 0.00% £23.00
Midlothian Gymnastics Academy Sole Use Aug-20 £46.00 0.00% £46.00
Midlothian Gymnastics Academy Squad Use Aug-20 £26.50 0.00% £26.50
Midlothian Gymnastics Academy Individual Aug-20 £6.00 0.00% £6.00
Midlothian Gymnastics Academy Individual concession Aug-20 £5.40 0.00% £5.40
Soft Play Area Aug-20 £40.00 0.00% £40.00
Hire per session - Set of Bowls Aug-20 £3.00 0.00% £3.00
Hire per session - Set of Bowls concession Aug-20 £1.80 0.00% £1.80
Hire  - Bowles Locker (per season) Aug-20 £7.50 0.00% £7.50
Hire  - Bowles Locker (per season) concession Aug-20 £7.50 0.00% £7.50
Hire per session - Tennis Racket Aug-20 £7.50 0.00% £7.50
Hire per session - Tennis Racket concession Aug-20 £1.80 0.00% £1.80
Hire Tennis/Golf Balls (each) Aug-20 £0.65 0.00% £0.65
Hire Tennis/Golf Balls (each) concession Aug-20 £0.65 0.00% £0.65
Hire Badminton Racket Aug-20 £2.70 0.00% £2.70
Hire Badminton Racket concession Aug-20 £1.80 0.00% £1.80
Hire Table Tennis Bat Aug-20 £2.70 0.00% £2.70
Hire Table Tennis Bat concession Aug-20 £1.80 0.00% £1.80
Hire Squash Racket Aug-20 £2.70 0.00% £2.70
Hire Squash Racket concession Aug-20 £1.80 0.00% £1.80
Hire Indoor Football Aug-20 £3.00 0.00% £3.00
Hire Indoor Football concession Aug-20 £1.80 0.00% £1.80
Hire Amplifying Equipment (Halls and Centres) Aug-20 £20.30 0.00% £20.30
Hire Amplifying Equipment (Halls and Centres) concession Aug-20 £20.30 0.00% £20.30
Penicuik Town Hall Lesser Hall PA/ Hire per hour Aug-20 £18.00 0.00% £18.00
Penicuik Town Hall Lesser Hall PA/ Hire per hour concession Aug-20 £17.10 0.00% £17.10
Penicuik Town Hall Cowan Hall PA/Effect Light Hire per hour Aug-20 £47.00 0.00% £47.00
Penicuik Town Hall Cowan Hall PA/Effect Light Hire per hour concession Aug-20 £26.00 0.00% £26.00
Hire Inflatable within Centre Aug-20 £40.00 0.00% £40.00
Hire Music Centre Aug-20 £15.50 0.00% £15.50
Hire Music Centre concession Aug-20 £7.80 0.00% £7.80
Centre Group Session Aug-20 £5.70 0.00% £5.70
Centre Group Session (concession) Aug-20 £4.10 0.00% £4.10
Soft Play per child per hour Aug-20 £4.40 0.00% £4.40
BTS class/ Premium class Aug-20 £6.70 0.00% £6.70
BTS class/ Premium class (concession) Aug-20 £5.20 0.00% £5.20
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Description of charge Last
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Current
charge
22/23
(charges
have
remained
static since
April 2020) 
Increase
(%)
New charge
for  23/24
(rounded)
Comments Additional information
Updated: 21/02/2023                                                                                                                                                                                                                                                                                                                                                                                                                               Note: Actual % increases will vary due to roundings.
Exercise Class Aug-20 £6.00 0.00% £6.00
Exercise Class (concession) Aug-20 £4.10 0.00% £4.10
Exercise Class with Equipment Aug-20 £6.20 0.00% £6.20
Exercise Class with Equipment (concession) Aug-20 £4.30 0.00% £4.30
Aquafit Class/ Water based Aerobics Aug-20 £6.00 0.00% £6.00
Aquafit Class/ Water based Aerobics (concession) Aug-20 £4.10 0.00% £4.10
NPLQ/per course Aug-20 £260.00 0.00% £260.00
NPLQ/per course (concession) Aug-20 £225.00 0.00% £225.00
Tonezone Induction Aug-20 £18.10 0.00% £18.10
Tonezone Induction (concession) Aug-20 £12.00 0.00% £12.00
Snowsports Centre
Ski/Snowboarding Instruction
Open Fast Track Skiing/Snowboarding (2 hours) Aug-20 £33.50 0.00% £33.50
Open Fast Track Skiing/Snowboarding (2 hours) concession Aug-20 £23.50 0.00% £23.50
Open Learn to ski/snowboard in a day (over 8’s) (5 hours) Aug-20 £105.00 0.00% £105.00
Open taster 4/5/6 year olds (1 hour) concession Aug-20 £12.00 0.00% £12.00
Race Training Group ski or snowboard with poles (1 hour) Aug-20 £185.00 0.00% £185.00
Race Training Group ski or snowboard with poles (1 hour) concession Aug-20 £135.00 0.00% £135.00
LSRA trainee – 1.5 hour session, concession Aug-20 £12.20 0.00% £12.20
LSRA warm up (per hour). Concession Aug-20 £4.20 0.00% £4.20
Private Ski/ Snowboarding Group (1 hours) Aug-20 £156.00 0.00% £156.00
Private Ski/ Snowboarding Group (1 hours), concession Aug-20 £112.00 0.00% £112.00
Private Ski/ Snowboarding Group (1.5 hours) Aug-20 £201.50 0.00% £201.50
Private Ski/ Snowboarding Group (1.5 hours), concession Aug-20 £147.00 0.00% £147.00
Private Ski/ Snowboarding Group (2 hours) Aug-20 £232.00 0.00% £232.00
Private Ski/ Snowboarding Group (2 hours), concession Aug-20 £164.00 0.00% £164.00
Private Lesson  - 1 Hour (1 person) Aug-20 £52.00 0.00% £52.00
Private Lesson  - 1 Hour (1 extra person) + £15.50         Aug-20 £67.50 0.00% £67.50
Private Lesson - 1 Hour (2 extra persons Max) + £31.00 Aug-20 £83.00 0.00% £83.00
Private Lesson - 1.5 Hours (1 Person) Aug-20 £72.00 0.00% £72.00
Private Lesson - 1.5 Hours (1 extra person) +£21.00 Aug-20 £93.00 0.00% £93.00
Private Lesson - 1.5 Hours (2 extra persons Max) +£42.00 Aug-20 £114.00 0.00% £114.00
Private Lesson - 2 Hours (1 Person) Aug-20 £88.00 0.00% £88.00
Private Lesson - 2 Hours (1 extra person)  +£23.00 Aug-20 £111.00 0.00% £111.00
Private Lesson - 2 Hours (2 extra persons Max) +£46.00 Aug-20 £134.00 0.00% £134.00
Family Lesson  - 1.5 Hours (2 Adult + 2 Junior) Aug-20 £120.00 0.00% £120.00
Family Lesson - One extra junior, maximum add on. Aug-20 £135.00 0.00% £135.00
Adult ski and snowboarding course (4 days x 2 hour sessions) Aug-20 £101.00 0.00% £101.00
Junior Ski or Snowboard Camp (5 days x 2.5 hour sessions) Aug-20 £107.00 0.00% £107.00
Junior Ski or Snowboard school (4 days x (3 hour sessions) Aug-20 £107.00 0.00% £107.00
Kinder Ski School (4 x 1 hour sessions for ages 4/5) Aug-20 £53.50 0.00% £53.50
Kinder Ski Camp (5 x 1 hour sessions for ages 4/5) Aug-20 £66.50 0.00% £66.50
Super sliders Class/Sunday sliders/Super racers (2hrs) Aug-20 £15.00 0.00% £15.00
Mini Sliders (1 hr) Aug-20 £7.50 0.00% £7.50
Ladies Morning (1.5hrs) Aug-20 £16.00 0.00% £16.00
Freestyle Academy (2hrs) Aug-20 £20.00 0.00% £20.00
Slope fee for BASI course (per day) Aug-20 £15.00 0.00% £15.00
Charges across all leisure services are frozen. There will be an
external review of charges and memberships and, when that is
completed, a full report will be brought to Council outlining any
suggested changes to charges.
Page 77 of 280

Page 78

Description of charge Last
Revised
Current
charge
22/23
(charges
have
remained
static since
April 2020) 
Increase
(%)
New charge
for  23/24
(rounded)
Comments Additional information
Updated: 21/02/2023                                                                                                                                                                                                                                                                                                                                                                                                                               Note: Actual % increases will vary due to roundings.
LSR booking & Administration Fee Aug-20 £67.50 0.00% £67.50
Performance workshops (ski touring/all mountain) Aug-20 £58.00 0.00% £58.00
Practice Skiing/Snowboarding
Nursery Slope  (price for first hour) Aug-20 £8.00 0.00% £8.00
Nursery Slope  (price for first hour) concession Aug-20 £5.30 0.00% £5.30
Nursery Slope  (price for additional hour) Aug-20 £4.00 0.00% £4.00
Nursery Slope  (price for additional hour) concession Aug-20 £3.00 0.00% £3.00
Main Slopes  (price for first hour) Aug-20 £15.00 0.00% £15.00
Main Slopes  (price for first hour) concession Aug-20 £10.00 0.00% £10.00
Additional hour/post lesson/Instruction (not available to schools programme customers) Aug-20 £8.00 0.00% £8.00
Additional hour/post lesson/Instruction (not available to schools programme customers) - concession Aug-20 £5.00 0.00% £5.00
Chairlift 
1 Return Journey Aug-20 £5.00 0.00% £5.00
Special Family Ticket (2 adults, 2 children) Aug-20 £10.00 0.00% £10.00
Paraglide (per 5 journeys) Aug-20 £10.00 0.00% £10.00
Events
Entry Peak time Aug-20 £16.20 0.00% £16.20
Entry off peak time Aug-20 £12.00 0.00% £12.00
BUDS entry fee Aug-20 £18.80 0.00% £18.80
Slalom poles Aug-20 £125.00 0.00% £125.00
Race Timing Facilities Aug-20 £115.00 0.00% £115.00
Hire freestyle rails Aug-20 £165.00 0.00% £165.00
First aider Aug-20 £60.00 0.00% £60.00 £60.00 with multiplier between 0.75 and 3.0
Race timing facilities operator Aug-20 £60.00 0.00% £60.00
Course setter – per hour Aug-20 £60.00 0.00% £60.00
Race Control (start) official – per hour Aug-20 £60.00 0.00% £60.00
Meeting Room - per hour Aug-20 £16.00 0.00% £16.00
General Admission Fee – per person Aug-20 £3.50 0.00% £3.50
General Admission Fee – per person (pre sale) Aug-20 £3.00 0.00% £3.00
Booking & Administration Fee – major event Aug-20 n/a n/a n/a Charge varies - min charge of £275.00 max charge
of £1000.00
Full Centre event hire Aug-20 n/a n/a n/a Price on application
Bar Pitch Aug-20 n/a n/a n/a Charge varies - min charge of £275.00 max charge
of £515.00
Additional Bar Pitch Aug-20 n/a n/a n/a Charge varies - min charge of £110.00 max charge
of £260.00
Catering Pitch Aug-20 n/a n/a n/a Charge varies - min charge of £270.00 max charge
of £515.00
Additional Catering Pitch Aug-20 n/a n/a n/a Charge varies - min charge of £110.00 max charge
of £260.00
Photocopying/printing per sheet Aug-20 n/a n/a n/a
Education Ski Charges
Schools Tuition – Midlothian 1.5 hours per pupil Aug-20 £6.40 0.00% £6.40
Schools Tuition – Midlothian (After School) 1.5 hours per pupil Aug-20 £8.60 0.00% £8.60
Schools Tuition – Non Midlothian 1.5 hours per pupil Aug-20 £8.50 0.00% £8.50
Schools Tuition – Non Midlothian (After School) 1.5 hours per pupil Aug-20 £9.60 0.00% £9.60
3 hour session per pupil – Midlothian Aug-20 £9.75 0.00% £9.75
3 hour session per pupil - Non Midlothian Aug-20 £12.90 0.00% £12.90
Teachers In-Service Course – per hour Aug-20 £8.10 0.00% £8.10Page 78 of 280

Page 79

Description of charge Last
Revised
Current
charge
22/23
(charges
have
remained
static since
April 2020) 
Increase
(%)
New charge
for  23/24
(rounded)
Comments Additional information
Updated: 21/02/2023                                                                                                                                                                                                                                                                                                                                                                                                                               Note: Actual % increases will vary due to roundings.
Tubing
Tubing Parties/person Junior (4-12 year olds) Aug-20 £13.00 0.00% £13.00
Tubing parties/person Aug-20 £15.00 0.00% £15.00
Pay n play tubing (1 hour) (Junior) Aug-20 £8.60 0.00% £8.60
Pay n play tubing (1 hour) (Adult) Aug-20 £10.60 0.00% £10.60
Pay n play tubing  (hour|) (2 Adults+ 3 Juniors) Aug-20 £41.00 0.00% £41.00
Miscellaneous Charges
Notice board advertising – per item, per month Aug-20 £10.00 0.00% £10.00
Replacement locker key Aug-20 £5.00 0.00% £5.00
Shadowing (shadow 35 hours) Aug-20 £60.00 0.00% £60.00
People and Partnerships
Music Tuition
Instrumental Tuition (per Academic year) Aug-20 £0.00 0.00% £0.00
Instrumental Tuition (Spring and Summer terms) Aug-20 £0.00 0.00% £0.00
Instrumental Tuition (Summer term only) Aug-20 £0.00 0.00% £0.00
Lifelong Learning & Employability classes
(including Lasswade evening classes)
Code A Highers Aug-20 £210.00 0.00% £210.00
Code A (Under 18/DLA) Aug-20 £105.00 0.00% £105.00
Code A (Retired) Aug-20 £157.00 0.00% £157.00
Code A (Concession) Aug-20 £42.00 0.00% £42.00
Code C - 10 weeks at 2 hours Aug-20 £75.00 0.00% £75.00
Code C (Under 18/DLA) Aug-20 £38.00 0.00% £38.00
Code C (Retired) Aug-20 £42.00 0.00% £42.00
Code C (Concession) Aug-20 £20.00 0.00% £20.00
Code F 10 weeks at 1 hour Aug-20 £40.00 0.00% £40.00
Code F (under 18/DLA) Aug-20 £20.00 0.00% £20.00
Code F(Retired) Aug-20 £25.00 0.00% £25.00
Code F (Concession) Aug-20 £15.00 0.00% £15.00
Code G - weekend or half day provision 4 hours in total Aug-20 £28.00 0.00% £28.00
Code G  (Under 18/DLA) Aug-20 £28.00 0.00% £28.00
Code G (Retired) Aug-20 £28.00 0.00% £28.00
Code G (Concession) Aug-20 £10.00 0.00% £10.00
Beeslack High School - Leisure
Tennis Courts/per hour Aug-20 £5.00 0.00% £5.00
Tennis Courts/per hour (concession) Aug-20 £3.00 0.00% £3.00
Swimming pool/per hour (weekdays) Aug-20 £34.70 0.00% £34.70
Swimming pool/per hour (weekends) Aug-20 £67.00 0.00% £67.00
Leisure Swim/per hour Aug-20 £4.80 0.00% £4.80
Leisure Swim/per hour (concession) Aug-20 £2.50 0.00% £2.50
Swimming instruction/per hour - adults Aug-20 £7.70 0.00% £7.70
Swimming instruction/per hour - children Aug-20 £5.70 0.00% £5.70
Swimming instruction/per hour - additional child (must be a sibling) Aug-20 £5.10 0.00% £5.10
NPLQ/per course Aug-20 £260.00 0.00% £260.00
Summer Activities per session Aug-20 £5.70 0.00% £5.70
Fun Athletics/per hour Aug-20 £5.70 0.00% £5.70
Yoga/per 2 hours Aug-20 £7.15 0.00% £7.15
Customers registering for qualifications who meet
the criteria (in low paid work, no qualifications above
a certain level etc) qualify for an Individual Learning
Account from SDS of up to £200.
Charges will remain frozen to ensure consistency with other leisure
charges as stated above.
Charges for music tuition were removed by Scottish Government in
2021/22
No proposed changes to charges to encourage uptake in volumes.
Paid Adult learning classes rely on sufficient numbers to meet
costs of sessional and causal tutors.
Page 79 of 280

Page 80

Description of charge Last
Revised
Current
charge
22/23
(charges
have
remained
static since
April 2020) 
Increase
(%)
New charge
for  23/24
(rounded)
Comments Additional information
Updated: 21/02/2023                                                                                                                                                                                                                                                                                                                                                                                                                               Note: Actual % increases will vary due to roundings.
Beeslack High School - Classes
Other evening/interest only class Aug-19 £7.50 0.00% £7.50
Cake decorating/per class Aug-19 £7.50 0.00% £7.50
Dressmaking/per class Aug-19 £7.50 0.00% £7.50
Language Classes/per class Aug-19 £7.50 0.00% £7.50
Jewellery Making/per class Aug-19 £7.50 0.00% £7.50
Upholstery/per class Aug-19 £7.50 0.00% £7.50
Adult Evening Classes Aug-19 £210.00 0.00% £210.00
Concession - pupils/students/retired Aug-19 £110.00 0.00% £110.00
Exam Fee Aug-19 £37.50 0.00% £37.50 Statutory charge - set by SQA
No changes to evening classes charges to align with CLLE charges
above.
Page 80 of 280

Page 81

Midlothian Council
21 March 2023 
Covert Surveillance 
Report by Kevin Anderson, Executive Director, Place 
Report for Noting 
1 Recommendations 
Council is invited to note the terms of this report. 
2 Purpose of Report/Executive Summary 
The purpose of this report is the requirement of the Investigatory
Powers Commissioner’s Office (IPCO) to advise the Council of covert
surveillance actions in terms of the Regulation of Investigatory Powers
(Scotland) Act 2000 (“RIPSA”) by the Council during 2021 and 2022. 
Date:  08 March 2023
Report Contact:
Alan Turpie, Legal and Governance Manager
alan.turpie@midlothian.gov.uk   0131 271 3667 
Item 8.5
Page 81 of 280

Page 82

2 
3 Background 
3.1 In some circumstances, it is necessary for Midlothian Council
employees, in the course of their duties, to make observations of a
person or persons in a covert manner, i.e. without that person’s
knowledge, or to instruct third parties to do so on the Council’s behalf. 
By their nature, actions of this sort are potentially intrusive (in the
ordinary sense of the word) and may give rise to legal challenge as a
potential breach of Article 8 of the European Convention on Human
Rights and the Human Rights Act 1998 (“the right to respect for private
and family life”). 
3.2 The Regulation of Investigatory Powers (Scotland) Act 2000 (RIPSA)
provides a legal framework for covert surveillance by public authorities
such as Midlothian Council. Any covert surveillance by officers must be
carried out in terms of the Council’s Covert Surveillance Policy
(Appendix B). The objective of this policy is to ensure that all covert
surveillance by Midlothian Council employees is carried out effectively,
while remaining in accordance with the law. 
3.3 It must be stressed that Midlothian Council does not engage in
surveillance activities which are legally classed as intrusive e.g. phone
tapping or mail interception. The Council’s covert surveillance has
simply involved test purchasing, social media, noise monitoring or
CCTV of anti-social behaviour. 
3.4  The Council’s covert surveillance policy requires that, if an investigating
officer considers it necessary, any surveillance must be approved by
one of the five Authorised Officers within the Council: 
• Chief Executive;
• Executive Director, Place;
• Executive Director, Children, Young People and Partnerships;
• Chief Officer, Place; and
• Legal and Governance Manager. 
These authorisations and consequent reviews and cancellations are
then stored within legal services in line with the Council’s data retention
policies. 
3.5 Whilst the Council has never made prolific use of covert surveillance
(peak usage being 42 cases in 2012/13 and 22 cases in 2014/15),
there has been a downward trend in the Council’s surveillance activities
in recent years, although numbers are starting to rise slowly following
the pandemic. The number of surveillance activities in 2021 and 2022
are 2 and 6 respectively. It must be noted that none of these activities
disclosed sensitive or personal data. The Council has not authorised
any Covert Human Intelligence Sources during this period. 
Page 82 of 280

Page 83

3
3.6 The Council has a Covert Surveillance Policy referred to in 3.2 and its
Covert Human Intelligence Sources Policy (Appendix C) and the Social
Media Policy (Appendix D). These policies were all reviewed during
2022 and the updated versions were approved by the Corporate
Management Team on 18 January 2023. Members are requested to
note the terms of the policies. 
4 Report Implications (Resource, Digital and Risk) 
4.1 Resource
None 
4.2 Digital 
None 
4.3 Risk
There are no risks inherent in this report, however, if the procedures
outlined in the Covert Surveillance Policy are not followed, the
evidence acquired may have been acquired unlawfully. Therefore it
may not be admissible in court, and the Procurator Fiscal is unlikely to
take proceedings on the basis of such evidence. Midlothian Council
may also be exposed to legal action. 
4.4 Ensuring Equalities (if required a separate IIA must be completed)
This report does not recommend any change to policy or practice and
therefore does not require an Equalities Impact Assessment. 
4.5 Additional Report Implications 
See Appendix A 
Appendices 
Appendix A – Additional Report Implications
Appendix B – Covert Surveillance Policy and Guidance
Appendix C – Covert Human Intelligence Sources Policy and Guidance
Appendix D – Social Media Policy 
Page 83 of 280

Page 84

4
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 report does not directly impact on Delivering Best Value 
A.5 Involving Communities and Other Stakeholders
The report does not directly relate to involving communities 
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 84 of 280

Page 85

Cov
MIDLOTHIAN COUNCIL 
COVERT SURVEILLANCE POLICY AND
GUIDANCE 
Document Control Information 
Revision Date Revision Description
Version 1.0 19/5/16 
Version 2.0 26/3/2019 Updated to reflect
recommendations from IPCO
inspection December 2018
Version 3.0 23/06/2020 Updated to reflect
correspondence from IPCO and
changes in Council
management structure
Version 4.0 18/01/2023 Updated to reflect comments
from ICPO and appoint new
Authorising Officer
Item 8.5
Page 85 of 280

Page 86

2 
INDEX  Page
1 Introduction 3
2 Objective 3
3 Scope of Policy 4
4 Principles of Surveillance 4
5 When is Authorisation Required 5
6 When is Covert Surveillance Appropriate 6
7 Proportionality 6
8 Confidential Information 7
9 Collateral Intrusion 7
10 Surveillance by Other Public Authorities 8
11 CCTV 8
12 Unique Reference Number (URN) 8
13 Application Forms 9
14 Who May Grant/Review/Renew and Cancel   
Authorisations
9
15 Urgent Authorisations 10
16 Grant or Refusal of Authorisations 10
17 Duration, Review, Renewal and Cancellation of 
Authorisations
11
18 Security and Retention of Documents 12
19 Oversight 12
20 Complaints 13
21 Review 13
Page 86 of 280

Page 87

3 
1. INTRODUCTION 
In some circumstances, it may be necessary for Midlothian Council
employees, in the course of their duties, to make observations of a person or
persons in a covert manner, i.e. without that person’s knowledge, or to instruct
third parties to do so on the Council’s behalf.  By their nature, actions of this
sort are potentially intrusive (in the ordinary sense of the word) and may give
rise to legal challenge as a potential breach of Article 8 of the European
Convention on Human Rights and the Human Rights Act 1998 (“the right to
respect for private and family life”). 
The Regulation of Investigatory Powers (Scotland) Act 2000 (“RIPSA”)
provides a legal framework for covert surveillance by public authorities and an
independent inspection regime to monitor these activities. 
No activity shall be undertaken by employees of Midlothian Council that
comes within the definition of “Intrusive Surveillance.”  Intrusive
surveillance is detailed in Section 5 of this policy. 
2. OBJECTIVE 
The objective of this policy is to ensure that all covert surveillance by
Midlothian Council employees is carried out effectively, while remaining in
accordance with the law.  It should be read in conjunction with the Scottish
Government’s Covert Surveillance and Property Interference: Code of
Practice 2017 and the 2021 Procedures and Guidance issued by the Office of
Surveillance Commissioners (OSC).  Copies of the Code of Practice and the
Procedures and Guidance are available to all staff involved in surveillance
operations and are available via the Midlothian Council Intranet. 
The Code of Practice and the Procedures and Guidance can be accessed
through the links below and all staff working in covert surveillance are
expected to be familiar with these documents: 
https://www.gov.scot/publications/covert-surveillance-property-interference-
code-practice-2/ 
https://ipco-wpmedia-prod-s3.s3.eu-west-2.amazonaws.com/OSC-
PROCEDURES-AND-GUIDANCE.pdf 
If the procedures outlined in this policy are not followed, any evidence
acquired may have been acquired unlawfully.  It may therefore not be
admissible in court, and the Procurator Fiscal is unlikely to take proceedings
on the basis of such evidence.  Midlothian Council may also be exposed to
legal action. 
Page 87 of 280

Page 88

4 
3. SCOPE OF THE POLICY 
This policy applies in all cases where “directed surveillance” is being planned
or carried out.  Directed surveillance is defined in the relevant Code of
Practice as undertaken “for the purposes of a specific investigation or
operation” and “in such a manner as is likely to result in the obtaining of
private information about a person”.  This may also include repeated and
systematic viewings of a subject’s social media sites. 
The policy does not apply to: 
• Observations that are carried out overtly;
• Unplanned observations made as an immediate response to events
where it was not reasonably practicable to obtain authorisation;
• Non-planned, ad hoc covert observations that do not involve the
systematic surveillance for a specific investigation or operation; or
• Any disciplinary investigation or any activity involving the surveillance
of employees of the Council, unless such surveillance directly relates to
a regulatory function of the Council. 
Unless the situation very clearly falls within one of these exempted categories,
the authorisation procedures below should be followed in every case. 
4. PRINCIPLES OF SURVEILLANCE 
In planning and carrying out covert surveillance, Midlothian Council
employees shall comply with the following principles:- 
Lawful purposes – covert surveillance shall only be carried out where
necessary to achieve one or more of the permitted purposes (as defined in
RIPSA); i.e. it must be: 
(a) for the purpose of preventing or detecting crime or the prevention of 
disorder;
(b) in the interests of public safety; or
(c) for the purpose of protecting public health. 
Employees carrying out surveillance shall not cause damage to any property
or harass any person. 
Necessity – covert surveillance shall only be undertaken where there is no
reasonable and effective alternative way of achieving the desired objective(s). 
Effectiveness – planned covert surveillance shall be undertaken only by, or
under the supervision of, suitably trained or experienced employees. 
Page 88 of 280

Page 89

5 
Proportionality – the use and extent of covert surveillance shall be
proportionate and not excessive i.e. its use shall be in proportion to the
significance of the matter being investigated.  The activity will not be
proportionate if it is excessive in the circumstances of the case or if the
information which is sought could reasonably be obtained by other less
intrusive means. 
Collateral intrusion – Consideration must be given to the extent to which the
surveillance will interfere with the privacy of persons other than the subject of
the surveillance and to minimise the impact of the surveillance on them. 
Reasonable steps shall be taken to minimise the acquisition of information
that is not directly necessary for the purposes of the investigation or operation
being carried out. 
Authorisation – all directed surveillance must be authorised in accordance
with the procedures described below. 
5. WHEN IS AUTHORISATION REQUIRED? 
Seeking Authorisation 
Authorisation is required for directed surveillance as defined in section 3
above. 
Authorisation is required when the activity is carried out by Midlothian Council
employees or by third parties carrying out surveillance on behalf of or under
the instruction of the Council. 
Where surveillance is to be undertaken in a manner likely to acquire “private
information” about a person or persons (which is not defined but includes
information about their private and family life) and is to be conducted in such a
manner as is calculated to ensure the persons subject to the surveillance are
unaware that it is or may be taking place, then authorisation will be required. 
In some noise monitoring cases, where only the level of noise is recorded, an
authorisation may not be necessary, further advice and guidance should be
sought in such cases. 
When directed surveillance has been carried out without the necessary
authorisation, this must be reported to the Chief Surveillance Commissioner.
In these circumstances, you should contact the Legal and Governance
Manager. 
More detailed advice and examples of when authorisation is required can be
found in the Code of Practice and Procedures and Guidance. 
Further advice as to whether an authorisation is required may be obtained via
the Legal and Governance Manager. 
Page 89 of 280

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6 
WHO MAY SEEK AUTHORISATION? 
Any officer whose duties involve activity falling within the above description
must seek and be granted authorisation prior to carrying out the surveillance.   
INTRUSIVE SURVEILLANCE 
Intrusive surveillance means covert surveillance in relation to anything taking
place on any residential premises (i.e. a person’s accommodation) or in any
private vehicle and involves the presence of an individual on the premises or
in the vehicle or is carried out by means of a surveillance device.  Midlothian
Council is not authorised to conduct intrusive surveillance under any
circumstances. 
Some additional points should be made about intrusive surveillance.
Surveillance is not intrusive if directed into a home or private vehicle from
outside unless the information is consistently of the same quality as the device
actually present in the home or vehicle would provide.  Advice previously
received from the OSC suggests that the sort of surveillance undertaken by
the Council is unlikely to reach this level of sophistication.  Thus activities
such as filming goods being sold from the back of a car, or monitoring the
level of noise generated by an anti-social tenant (but not the actual words) are
unlikely to be classed as intrusive, and so these activities can safely be
carried out (subject to appropriate authorisation). 
6. WHEN IS COVERT SURVEILLANCE APPROPRIATE? 
By its nature covert surveillance intrudes on people’s privacy.  It should
therefore be regarded as a last resort, only to be considered when all other
methods have been tried and failed, or where the nature of the activity the
surveillance relates to is such that it can reasonably be concluded that nothing
else will be able to acquire the information being sought.   
Any use of covert surveillance must be proportionate to the objective being
pursued. 
7. PROPORTIONALITY 
Proportionality is a concept of human rights law designed to ensure that
measures taken by the State (and its organs such as the Council) which
impact on the rights of citizens are kept within proper bounds.  It means that if
the same legitimate end can be reached by means of less intrusion on
people’s rights then the less intrusive path should be taken.  There should
also be a reasonable relationship between the seriousness of the mischief
being addressed and the degree of intrusion into people’s rights. 
Covert surveillance involves a potentially serious breach of an individual’s
rights to privacy.  Compelling reasons are therefore required to justify these,
particularly if the surveillance is to continue for an extended period.  
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It is useful to consider how serious the breach you are seeking to rectify is. 
For criminal offences the potential sentence may be a useful guide.  However
many regulatory offences, while attracting only small fines, are designed to
prevent potentially life threatening occurrences. Such factors weigh in favour
of surveillance being proportionate. 
8. CONFIDENTIAL INFORMATION 
Applications where a significant risk of acquiring confidential information has
been identified shall always require the approval of the Chief Executive only.   
“Confidential Information” consists of: 
• Matters subject to legal privilege (for example between professional
legal adviser and client);
• Confidential personal information (for example relating to a person’s
physical or mental health); or
• Confidential journalistic information. 
Such applications shall only be granted in exceptional circumstances where
the authorising officer is fully satisfied that surveillance is both necessary and
proportionate in these circumstances. 
If the authorisation sought recognises the likelihood of acquiring Confidential
Information, the Council’s Legal and Governance Manager should be
consulted for legal advice regarding whether the desired surveillance is
reasonable and proportionate. 
When any confidential information is obtained then the matter must be
reported to the Investigatory Powers Commissioner’s Office (IPCO) during
their next inspection and any information obtained made available to them if
required. 
Confidential information must be destroyed as soon as it is no longer
necessary to retain it for a specified purpose. 
9. COLLATERAL INTRUSION 
“Collateral Intrusion” refers to the fact that surveillance operations will often
inadvertently intrude on the privacy of persons other than those at whom the
operation is directed.  Operations should be planned so as to minimise or
eliminate so far as possible the risk of collateral intrusion, and the extent to
which it remains is a factor to consider in determining the proportionality of the
operation. 
Collateral intrusion generally will be minimised through proper planning and by
focussing the surveillance as much as possible on the specific person or
premises targeted. 
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It is important to note that only the person(s) specified in the Directed
Surveillance authorisation are subject to surveillance.  Therefore, any records
kept of the surveillance activity, i.e. notes; photos or video images should only
contain details of person(s) specified.  This should also be mentioned in the
application to minimise collateral intrusion. 
10. SURVEILLANCE BY OTHER PUBLIC AUTHORITIES 
Council officers are occasionally asked to assist in surveillance operations
being conducted by other public authorities, for example the Police, the
Department for Work and Pensions, HM Revenue and Customs etc.  In such
cases it is for the organisation seeking assistance from the Council to ensure
that it has appropriate authorisations in place.  These authorisations should be
shown to the Council staff involved or written confirmation given that the
authorisations have been duly granted. Copies of such authorisations or
written confirmations (from a proper officer of the other authority) should be
forwarded to the Council’s Legal and Governance Manager. 
Where possible, the Council should seek to avoid duplication of authorisation
as part of a single investigation or operation. Where two authorities are
conducting directed or intrusive surveillance as part of a joint operation, only
one authorisation is required. 
11. CCTV 
The Council has developed a Code of Practice to cover the operation and
management of the Council’s CCTV systems. This Code of Practice should be
followed at all times but officers should be aware that formal authorisation will
still be required under RIPSA if the system is to be used in Directed
Surveillance operations. 
Completion, Granting and Recording Authorisations and Refusals 
Construction of Applications: 
12. UNIQUE REFERENCE NUMBER (URN) 
Prior to completion of a Directed Surveillance Application, a URN must be
sought from the Legal and Governance Manager.  Contact should be made
with the Legal and Governance Manager advising that: 
• A URN is sought, 
• The name of the person subject to surveillance,
• Name of Applicant seeking authorisation. 
The Legal and Governance Manager shall enter the URN on the central
record and place a note on the record that an application is pending. This will
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ensure that the Legal and Governance Manager will be aware of forthcoming
application for the central record. 
13. APPLICATION FORMS 
Directed Surveillance Application – RIPSA1 (Appendix 1) 
This application should be completed in all cases (including where oral
authorisation was first sought). It is effective from the time that approval is
given.  When granting authorisations, Authorising Officers should indicate the
frequency of reviews they consider necessary and specify the first review
date, normally within one month.  By law, an authorisation lasts for 3 months. 
Directed Surveillance Review – RIPSA2 (Appendix 2) 
This application should be completed in cases that require to be reviewed in
accordance with the authorising officer’s comments. 
Directed Surveillance Renewal – RIPSA3 (Appendix 3) 
The renewal application needs to be completed if the 3 month authorisation is
due to expire and surveillance is still necessary and proportionate. 
Directed Surveillance Cancellation – RIPSA4 (Appendix 4) 
A cancellation form needs to be completed when it is clear that the
authorisation is no longer required. An authorisation should not be allowed
merely to expire after 3 months but must be formally cancelled. 
14. WHO MAY GRANT/REVIEW/RENEW AND CANCEL
AUTHORISATIONS? 
Authorisations for directed surveillance may only be granted/reviewed/
renewed and cancelled by:- 
• the Chief Executive;
• Executive Director, Place;
• Executive Director, Children, Young People and Partnerships;
• Chief Officer, Place; or
• the Legal and Governance Manager.
. 
Applications where a significant risk of acquiring confidential information has
been identified should only be granted by the Chief Executive, please refer to
section 8 above. 
Good practice dictates that the officer authorising surveillance is not
operationally involved in the matter being authorised, although this may not
always be practicable. 
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The Executive Director, Place has been appointed as the Council’s Senior
Responsible Officer. As such, it is also good practice that the Senior
Responsible Officer does not grant authorisations but he is competent to do
so if other Authorising Officers are not available. 
15. URGENT AUTHORISATIONS 
Urgent authorisations should not normally be necessary. In exceptional
circumstances however urgent authorisations may be given orally if the time
that would elapse before a written authorisation could be granted would either
be likely to (1) endanger life or (2) jeopardise the investigation or operation for
which the authorisation is being sought. Urgent authorisations will normally
only be given following consultation with the Senior Responsible Officer or the
Chief Executive. 
An urgent authorisation should not be used to remedy mere delay or failure to
seek written authorisation timeously. 
Urgent authorisations last for no more than 72 hours. 
Where authorisations are granted orally under urgency procedures, a record
detailing the actions authorised and the reasons why the urgency procedures
has been used should be recorded by the Applicant and Authorising Officer as
a priority 
16. GRANT OR REFUSAL OF AUTHORISATIONS 
All Divisions carrying out surveillance activities must maintain a record of all
applications for directed surveillance, together with the relevant consent or
refusal. Oral authorisation must be recorded on the appropriate form
(RIPSA1) and submitted to the Authorising Officer. All applications, reviews,
renewals and cancellations must be prepared and a copy delivered within 24
hours to the Legal and Governance Manager, Midlothian House, as the
person responsible for the maintenance of the Central Record of
Authorisations. These forms may be monitored for cross-service consistency
by the Legal and Governance Manager, and may have to be produced in the
event of an inspection by the IPCO.  These forms represent evidence of the
Council’s compliance with the law and Codes of Practice, and as such, care
should be taken in the completion and logging of them. 
The IPCO may require an Authorising Officer to justify his decision to grant a
request, so authorisations should not be signed off automatically.  Evidence of
reasoned grant or refusal of requests is vital in displaying compliance with the
law. 
The Authorising Officer must be satisfied that the Applicant has correctly
identified a lawful purpose for the proposed surveillance, has planned the
operation properly so as to minimise collateral intrusion and the collection of
confidential information, is not proposing to stray beyond the permissible
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bounds of directed surveillance, and has correctly applied the necessity and 
proportionality tests.  Only if actively satisfied on these points should the
authorisation be granted.  Any restrictions imposed on the authorisation
should be noted as Authorising Officer comments. 
An authorisation should demonstrate how an Authorising Officer has reached
the conclusion that the activity was proportionate to what it seeks to achieve,
including an explanation of the reasons why the chosen method is not
disproportionate. 
The Authorising Officer should set out, in their own words, why they are
satisfied or why they believe the activity is necessary and proportionate.  A
bare assertion is insufficient. 
The Authorising Officer should as a matter of routine state explicitly and in
their own words what is being authorised, and against which subjects,
property or location (ie who, what, where, when and how).  Mere reference to
the terms of the application is inadequate.   
Unless the request is straightforward or already includes clear information and
sufficient level of detail to explain and justify the required activity, the
Authorising Officer should seek clarification directly from the Applicant (face-
to-face, by telephone or otherwise as appropriate), or from the Applicant’s line
manager on questions of policy. If still dissatisfied, the Authorising Officer
should refuse the request or grant it subject to conditions or restrictions.
Authorising Officers should make it clear, from the terms of their
authorisations and comments, exactly what is being authorised, including any
parameters or restrictions they are setting. Even if fully satisfied and accepting
that there is no need to impose any restrictions, the Authorising Officers
should make some comments in the ‘Comments’ box, perhaps confirming that
they have discussed the matter with the Applicant (if appropriate) and that
they are satisfied that the proposed operation is necessary and proportionate.   
A copy of the authorisation should be passed immediately to the Applicant by
the Authorising Officer or, if the request has been presented by someone else
on the Applicant’s behalf, eg the Applicant’s line manager, that person should
immediately forward the authorisation to the Applicant. Except in cases of
urgency, Applicants should have sight of the written authorisation before
commencing the activity, so they can satisfy themselves that full authorisation
has been granted or acquaint themselves with any restrictions set by the
Authorising Officer. 
17. DURATION, REVIEW, RENEWAL AND CANCELLATION OF
AUTHORISATIONS 
By law an authorisation lasts for three months. If the reasons justifying
carrying out the surveillance cease to apply, then the authorisation should be
cancelled as soon as it is no longer required and a record kept of the
cancellation and the reasons for this. 
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If surveillance is to be continued for longer than the original period authorised,
it is necessary to have a renewal application authorised.  Renewal
applications should highlight the fact that what is sought is renewal, and
enclose the original authorisation and any previous renewals.  The tests
applicable to renewals are identical to those for initial applications. 
When granting authorisations, Authorising Officers should indicate the
frequency of reviews they consider necessary and specify the first review
date, normally within one month.  Applicants should complete and submit a
review form to the Authorising Officer in advance of each review date.   The
review form should note whether any significant evidence has been acquired
by the activity being considered and whether, against the background,
continued surveillance can still be justified. 
18. SECURITY AND RETENTION OF DOCUMENTS 
Documents created under this procedure are highly confidential and shall be
treated as such.  Divisions shall make proper arrangements for their retention,
secure storage and destruction, in accordance with the requirements of the
Data Protection Act 2018, the OSC Procedure and Guidance and the Code of
Practice. The Legal and Governance Manager should also be advised of
these arrangements.  It should be noted that refusals as well as approved
applications must be retained.  The Code of Practice recommends retention of
authorisations for five years (longer if required for ongoing criminal
proceedings). 
Paper copies of all documents must be stored in locked and secure filing
cabinets. All electronic correspondence regarding an investigation must be
stored in a secure directory which is not available outwith the immediate staff
involved. 
In accordance with the OSC Procedure and Guidance, documents will be
inspected periodically by the Chief Executive to ensure that a consistent
approach is being adopted by different Council Divisions.  The IPCO have
statutory powers of inspection and all records (applications, authorisations,
and refusals) must be available for inspection.  No records should be
destroyed until after an IPCO inspection has had the opportunity to see them. 
All documentation should be retained and destroyed in terms of the Council’s
data retention policy. 
19. OVERSIGHT 
Internal oversight is provided by the Council’s Senior Responsible Officer. The
Senior Responsible Officer is a member of the Corporate Management Team
and is responsible for the integrity of the internal processes within Midlothian
Council for the management of Covert Surveillance and for Council
compliance with RIPSA and the Code of Conduct. 
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The Investigatory Powers Commissioner’s Office (IPCO) provides
independent oversight of the use of the powers contained within the
Regulation of Investigatory Powers Act 2000 and Regulation of Investigatory
Powers (Scotland) Act 2000. This oversight includes inspection visits by
Inspectors appointed by the IPCO.   
20. COMPLAINTS 
The Regulation of Investigatory Powers Act 2000 (the ‘UK Act’) establishes an
independent tribunal. This tribunal has full powers to investigate any
complaints and decide any cases within the United Kingdom including
complaints about activities carried out under the provisions of The Regulation
of Investigatory Powers (Scotland) Act 2000. Details of the relevant complaint
procedure can be obtained from the Investigatory Powers Tribunal, PO Box
33220, London, SW1H 9ZQ. 
21. REVIEW 
This Policy should be reviewed as and when necessary to reflect any changes
in circumstances and no later than every three years 
APPENDICES 
Directed Surveillance Application Form   - Appendix 1
Directed Surveillance Review Form   - Appendix 2
Directed Surveillance Renewal Form   - Appendix 3
Directed Surveillance Cancellation Form   - Appendix 4 
Directed Surveillance
Application - FINAL.doc
Directed Surveillance
Review - FINAL.doc
Directed Surveillance
Renewal - FINAL.doc
Directed Surveillance
Cancellation - FINAL.doc 
These forms can be accessed on the Intranet via Council/Legal/Surveillance
Guidance. 
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Page 99

MIDLOTHIAN COUNCIL 
COVERT HUMAN INTELLIGENCE
SOURCES POLICY AND GUIDANCE 
Document Control Information 
Revision Date Revision Description
Version 1.0 19/5/16 
Version 2.0 26/03/2019 3 yearly review
Version 3.0 23/06/2020 Updated to reflect change in
Council Structure
Version 4.0 18/01/2023 Updated to reflect comments
from ICPO and appoint new
Authorising Officer 
Item 8.5
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INDEX  Page
1 Introduction 3
2 Scope of Policy 3
3 Relationship with the Policy on Surveillance 4
4 Principles of Use of Covert Human Intelligence Source 5
5 The Authorisation Process 6
6 Confidential Material 7
7 Vulnerable and Juvenile Sources 7
8 Management of Sources 8
9  Security and Retention of Documents 9
10 Oversight 10
11 Complaints 10
12 Review 10
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POLICY AND GUIDELINES ON COVERT HUMAN INTELLIGENCE
SOURCES 
See also separate Policy and Guidelines on Covert Surveillance 
1. INTRODUCTION 
Under section 1(7) of the Regulation of Investigatory Powers (Scotland) Act
2000 (“RIPSA”), a person is a Covert Human Intelligence Source (commonly
referred to as a “CHIS”) if he or she: 
(a) establishes or maintains a personal or other relationship with a person
for the covert purpose of facilitating the doing of anything falling within
(b) or (c) below and either:
(b) covertly uses such a relationship to obtain information or to provide
access to any information to another person; or
(c) covertly discloses information obtained by the use of such a relationship
or as a consequence of the existence of such a relationship. 
It is important to note that the Council is obliged to follow the Code of Practice
issued by Scottish Ministers in 2017 in regard to every authorisation of the use
of a Covert Human Intelligence Source under RIPSA. Failure to do so may be
founded upon in any criminal or civil proceedings. 
This policy should also be read in conjunction with the Procedures and
Guidance issued by the Office of Surveillance Commissioners (OSC). 
Copies of the Code of Practice and the Procedures and Guidance are
available via the Midlothian Council Intranet. 
The Code of Practice and the Procedures and Guidance can also be
accessed through the links below and all staff working with Covert Human
Intelligence Sources are expected to be familiar with these documents: 
http://intranet/services/webinfo/WebInfoPDF.asp?BlobID=24378 
https://ipco-wpmedia-prod-s3.s3.eu-west-2.amazonaws.com/OSC-PROCEDURES-AND-
GUIDANCE.pdf 
2. SCOPE OF THE POLICY 
This procedure applies in all cases where a “Covert Human Intelligence
Source” is to be used. Covert Human Intelligence Source (hereinafter referred
to as a source) is defined by Section 1(7) of the RIPSA. A person will be
acting as a source if they covertly (i.e. without disclosing their true purpose)
establish or maintain a personal or other relationship with another person in
order to obtain information from that person or to disclose information
obtained from that person or to provide access to information to another
person. The definition of a source is not restricted to obtaining private
information. 
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A local authority may therefore use a source in two main ways. Employees of
the Midlothian Council may themselves act as a source by failing to disclose
their true identity in order to obtain information. Alternatively an employee of
the Midlothian Council may cultivate a member of the public or employee of a
business under investigation to provide them with information on a regular
basis. This person will also be acting as a source. In both cases the person or
persons being investigated are unaware that this is taking place. 
The procedure does not apply in circumstances where members of the public
volunteer information on an initial basis as part of their normal civic duties or
contact numbers specifically set up to receive anonymous information such as
crime-stoppers. However, someone might become a source as a result of a
relationship with the Midlothian Council that began in this way and
authorisation must then be sought. 
Further examples of when this procedure will apply and an individual
considered to be a Source are contained in Chapter 2 of the Code of Practice. 
It is also noted that an explicit statutory power may exist under other
legislation authorising employees of the Council to carry out certain activities
such as test purchasing. Where statutory authority exists under other
legislation it will not normally be necessary to seek authorisation under this
procedure. However, where the activity requires the officer to establish a
personal relationship with any person or where the activity concerned takes
place on premises which are also residential or in a situation where a high
degree of privacy would be expected then authorisation under this procedure
must also be sought. 
Staff must be aware of the possibility of status drift when an individual
develops into a source eg through the repeated provision of information about
an individual, a relationship develops in test purchasing or a staff member
responds to, posts on or otherwise interacts on an individual’s Social
Networking Site. Staff should monitor for status drift and take appropriate
action including seeking authorisation if they think it has occurred. 
3. RELATIONSHIP WITH THE POLICY ON COVERT SURVEILLANCE 
Where it is envisaged that the use of a source will also be accompanied by
directed surveillance then authorisation must also be sought under the
Council’s policy on covert surveillance. 
Where a source wearing or carrying a surveillance device is invited into
residential premises or a private vehicle separate authorisation is not required
under the surveillance procedure as long as the Council’s procedure on
Covert Human Intelligence Sources has been followed and authorisation
given. 
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Where the source themselves is subject to surveillance to identify whether
they would be an appropriate person to act as a source this surveillance must
be authorised in accordance with the surveillance procedure 
4. PRINCIPLES OF USE OF COVERT HUMAN INTELLIGENCE
SOURCE 
Where planning and making use of a source Midlothian Council employees
shall comply with the following principles: 
Lawful purposes - A source shall only be used where necessary to achieve
one or more of the permitted purposes (as defined in the Act) namely: 
(a) for the purpose of preventing or detecting crime or the prevention of 
disorder; 
(b) in the interests of public safety; or 
(c) for the purpose of protecting public health. 
Necessity - A source should only be utilised where there is no reasonable and
effective alternative way of achieving the desired objective(s). 
Proportionality – using a source shall be proportionate and shall not be
excessive i.e. the use of a source shall be in proportion to the significance of
the matter being investigated and the information being sought could not
reasonably be obtained by other means. Particular care should be taken if the
source is likely to obtain information in a situation where the person under
investigation would expect a high degree of privacy 
Collateral intrusion – Consideration must be given to the extent to which the
use and conduct of the source will interfere with the privacy of persons other
than the subject of the investigation and to minimise the impact on them.
Reasonable steps shall also be taken to minimise the acquisition of
information that is not directly necessary for the purposes of the investigation
or operation being carried out. If the investigation unexpectedly interferes with
the privacy of individuals not covered by the authorisation consideration must
be given to whether a new authorisation is required. 
Effectiveness - tasking and managing the source shall be undertaken only by
suitably trained or experienced employees, or under their direct supervision. 
Authorisation – the use of all sources shall be authorised in accordance with
the procedures described below. 
The same principles and procedures on authorisations apply as in the
Surveillance Policy. Application forms for a) CHIS authorisation, b) review, c)
renewal and d) cancellation are appended to this Policy. In the case of CHIS,
by law the authorisation lasts for twelve months (instead of three). 
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Just as with cases likely to involve the acquisition of Confidential Information,
only the Chief Executive may grant authorisations when a “vulnerable
individual” is authorised to act as a CHIS, and then only in exceptional cases.
A “vulnerable individual” is a person who is or may be in need of community
care services by reason of mental or other disability, age or illness and who is
or may be unable to take care of himself, or unable to protect himself against
significant harm or exploitation. 
This restricted authorisation procedure also applies to the use or conduct of
juvenile sources, that is any CHIS under the age of 18 years. On no occasion
should the use or conduct of a source under 16 years of age be authorised to
give information against his parents or any person who has parental
responsibility over him. In other cases, authorisations should only be granted
if the special provisions of The Regulation of Investigatory Powers (Juveniles)
(Scotland) Order 2002 apply and the duration of such authorisations will be
only one month. 
5. THE AUTHORISATION PROCESS 
As detailed in the Council’s policy on Covert Surveillance, Authorisations may
only be granted/reviewed/renewed and cancelled by: 
• The Chief Executive;
• Executive Director, Place;
• Executive Director, Children, Young People and Partnerships;
• The Chief Officer, Place; or
• The Legal and Governance Manager. 
In accordance with the Code of Practice authorisations will last 12 months.
The person responsible for authorising the surveillance must ensure that the
authorisation is reviewed at least monthly and those authorisations that are no
longer needed or appropriate are cancelled. 
All reviews must be documented and will need to be carried out more
frequently where there exists a risk of acquiring confidential material or where
the source is a juvenile or deemed vulnerable. 
The Executive Director, Place has been appointed as the Council’s Senior
Responsible Officer. As such, it is good practice that the Senior Responsible
Officer does not grant authorisations but he is competent to do so if other
Authorising Officers are not available. 
Each Division will keep a record of any applications that are refused by the
authorising officer. Any refusal shall also be recorded in the Central Register. 
Where one agency is acting on behalf of another it will normally be the case
that the tasking or lead agency shall obtain and provide the authorisation. 
The Code of Practice should be referred to for the detailed rules on tasking
sources, management responsibility and special provisions on recording of
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telephone conversations and the use of technical equipment. In particular, it
should be noted that a risk assessment should be carried out which takes full
account of the security and welfare of the source. 
6. CONFIDENTIAL MATERIAL 
Applications where a significant risk of acquiring confidential material has
been identified shall always require the approval of the Chief Executive. 
Confidential material consists of: 
• Matters subject to legal privilege (for example between professional
legal adviser and client);
• confidential personal information (for example relating to a person’s
physical or mental health); or 
• confidential journalistic material. 
Such applications shall only be granted in exceptional and compelling
circumstances where the authorising officer is fully satisfied that this conduct
is both necessary and proportionate in these circumstances. If granted such
authorisation will last 1 month. Where any confidential material is obtained
then the matter must be reported to the Investigatory Powers Commissioner’s
office during their next inspection and any material obtained made available to
them if requested. Reviews may need to be more regularly carried out than
monthly where the source provides access to confidential material or where
collateral intrusion exists.   
7. VULNERABLE AND JUVENILE SOURCES 
Particular care must be taken where authorising the use or conduct of
vulnerable or juvenile individuals to act as sources. The code of practice
defines a vulnerable individual as “a person who is or may be in need of
community care services by reason of mental or other disability, age, illness
and who is or may be unable to take care of himself, or unable to protect
himself against significant harm or exploitation.”   
Vulnerable individuals should only be in authorised to act as a source in the
most exceptional circumstances. Authorisation may only be granted on the
approval of the Chief Executive. Prior to deciding whether or not to grant such
approval the Chief Executive shall seek the advice of the Chief Social Work
Officer on the appropriateness of using the individual in question as a CHIS. If
granted such authorisation will last 1 month. 
A juvenile is any person under the age of eighteen. On no occasion should
the use of a source under sixteen years of age be authorised to give
information against his or her parents or any person who has parental
responsibilities for him or her. 
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In other situations authorisation for juveniles to act as a source may only be
granted on the approval of a Chief Executive and only with the prior advice of
the Chief Social Work Officer as described above. 
When considering the appropriateness of any individual to become a source,
extreme care must be taken to ensure that the identity of the individual is not
disclosed. 
The following conditions must also be met: 
-  a risk assessment must be undertaken to identify any physical and
psychological aspects of their deployment. This risk assessment must
be carried out in conjunction with a registered social worker from a
relevant discipline i.e. children and families, criminal justice or
community care;  
- the authorising officer must be satisfied that any risks have been
properly explained; and 
- the authorising officer must give particular consideration to the fact that
the juvenile is being asked to obtain information from a relative,
guardian or other person who has assumed responsibility for their
welfare 
An appropriate adult e.g. social worker or teacher must also be present at any
meetings between the authority and a source under 16 years of age and the
maximum authorisation period that can be granted for a juvenile or vulnerable
source is one month. 
8. MANAGEMENT OF SOURCES 
Before authorisation can be given, the authorising officer must be satisfied
that suitable arrangements are in place to ensure satisfactory day to day
management of the activities of a source and for overseeing these
arrangements. 
An individual officer must be appointed to be responsible for the day to day
contact between the source and the authority including: 
- Dealing with the source on behalf of the authority; 
- Directing the day to day activities of the source;
- Recording the information supplied by the source; and 
- Monitoring the source’s security and welfare. 
In addition the authorising officer must satisfy themselves that an officer has
been designated responsibility for the general oversight of the use made of
the source. 
The authorising officer must also ensure that a risk assessment is carried out
to determine the risk to the source of any tasking and the likely consequences
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if the role of the source becomes known. It will be the responsibility of the
officer in day to day control of the source to highlight any concerns regarding
the personal circumstances of the source which may affect the validity of the
risk assessment, the conduct of the source or the safety or welfare of the
source.  
Records must also be maintained, in accordance with the relevant statutory
instruments, detailing the use made of the source. 
It will be the responsibility of the person in day to day control of the activities
of the source to maintain the relevant records. 
The following matters must be included in the records relating to each source:  
(i) identity of the source and the means by which the source is referred to; 
(ii) the date when and the circumstances within the source was recruited; 
(iii) the name of the person with day to day responsibility for the source and 
the name of the person responsible for overall oversight; 
(iv) any significant information connected with the security and welfare of
the source; 
(v) confirmation by the authorising officer that the security and welfare of
the source have been considered and any risks have been fully
explained and understood by the source; 
(vi) all contacts between the source and the local authority; 
(vii) any tasks given to the source; 
(viii) any information obtained from the source and how that information was
disseminated; 
(ix) any payment, benefit or award or offer of any payment, benefit or
award or offer given to a source who is not an employee of the local
authority; and 
(x) any relevant investigating authority other than the authority maintaining
the records. 
9. SECURITY AND RETENTION OF DOCUMENTS 
Documents created under this procedure are highly confidential and shall be
treated as such. Divisions shall make proper arrangements for their retention,
security and destruction, in accordance with the requirements of the Data
Protection Act 2018 and the Code of Practice. 
In addition each Division shall also ensure arrangements are in place for the
handling, storage and destruction of material obtained through a source in
accordance with the requirements of the Data Protection Act 2018 and the
Code of Practice. 
All material obtained as result of the activities of a source must be retained if it
is believed that it is relevant to that investigation or to pending or future
criminal or civil proceedings. It must be retained until its review suggests that
the risk of legal proceedings no longer exists or having taken place has now
been resolved. 
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Extreme care must be taken to ensure that the identity of the individual is not
disclosed. 
10. OVERSIGHT 
Internal oversight is provided by the Council’s Senior Responsible Officer. The
Senior Responsible Officer is a member of the Corporate Management Team
and is responsible for the integrity of the internal processes within Midlothian
Council for the management of Covert Human Intelligence Sources and for
Council compliance with RIPSA and the Code of Conduct. 
The Investigatory Powers Commissioner’s Office (IPCO) provides
independent oversight of the use of the powers contained within the
Regulation of Investigatory Powers Act 2000 and Regulation of Investigatory
Powers (Scotland) Act 2000. This oversight includes inspection visits by
Inspectors appointed by the IPCO. 
11. COMPLAINTS 
The Regulation of Investigatory Powers Act 2000 (the ‘UK Act’) establishes an
independent tribunal. This tribunal has full powers to investigate any
complaints and decide any cases within the United Kingdom including
complaints about activities carried out under the provisions of The Regulation
of Investigatory Powers (Scotland) Act 2000. Details of the relevant complaint
procedure can be obtained from the Investigatory Powers Tribunal, PO Box
33220, London, SW1H 9ZQ. 
12.  REVIEW 
This policy will be reviewed every three years from the date of approval. 
APPENDICES 
Covert Human Intelligence Source Application Form      - Appendix 1
Covert Human Intelligence Source Review Form            - Appendix 2
Covert Human Intelligence Source Renewal Form          - Appendix 3
Covert Human Intelligence Source Cancellation Form    - Appendix 4 
CHIS Application -
FINAL.doc
CHIS Review -
FINAL.doc
CHIS Renewal -
FINAL.doc
CHIS Cancellation -
FINAL.doc 
These forms can be accessed on the Intranet via Council/Legal/Surveillance
Guidance.
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MIDLOTHIAN COUNCIL 
SOCIAL MEDIA POLICY 
Document Control Information 
Revision Date Revision Description
Version 1.0 19/5/16 
Version 2.0 08/08/2016 Updated to reflect
recommendations from ICPO
inspection June 2016
Version 3.0 26/3/2019 3 yearly review 
Version 4.0 18/01/2023 3 Yearly review 
Item 8.5
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INDEX  Page
1 Introduction 3
2 Objective 3
3 Scope of Policy 4
4 Midlothian Council Social Presence 4
5 Types of Surveillance 5
6 Best Practice for the Use of Social Media 6
7 Authorisation 6
8 Review 7
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POLICY AND GUIDELINES ON SURVEILLANCE THROUGH SOCIAL
MEDIA 
See also separate Policy and Guidelines on Covert Surveillance 
1. INTRODUCTION 
In some circumstances, it may be necessary for Midlothian Council
employees, in the course of their duties, to make observations of a person or
persons in a covert manner, i.e. without that person’s knowledge, or to instruct
third parties to do so on the Council’s behalf.  By their nature, actions of this
sort are potentially intrusive (in the ordinary sense of the word) and may give
rise to legal challenge as a potential breach of Article 8 of the European
Convention on Human Rights and the Human Rights Act 1998 (“the right to
respect for private and family life”).
This document sets out Midlothian Council’s policy regarding internet
surveillance using Social Media. 
The Regulation of Investigatory Powers (Scotland) Act 2000 (“RIPSA”)
provides a legal framework for covert surveillance by public authorities and an
independent inspection regime to monitor these activities. 
In some circumstances, it may be necessary for Midlothian Council
employees, in the course of their duties, to access social media websites
either by creating covert identities or through the officer’s departmental
identity. 
The aim of this policy is to provide the framework outlining the Council’s
process for authorising and managing internet surveillance operations using
social media, and to set the parameters for expected good practice. 
There are ever increasing and changing types of social media eg Facebook,
Instagram, TikTok etc. This guidance refers below to Facebook but the
principles involved should be applied to dealings with any social media
platform 
2. OBJECTIVE 
The objective of this policy is to ensure that all surveillance through social
media conducted by Midlothian Council employees is carried out effectively,
while remaining in accordance with the law. It should be read in conjunction
with Midlothian Council’s RIPSA Policy, the relevant legislation, the Scottish
Government’s Code of Practice on Covert Surveillance (‘the Code of
Practice’) and the Procedures and Guidance issued by the Office of
Surveillance Commissioners. 
The Code of Practice and the Procedures and Guidance can be accessed
through the links below and staff are expected to be familiar with these
documents:
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https://www.gov.scot/publications/covert-surveillance-property-interference-code-
practice-2/ 
https://ipco-wpmedia-prod-s3.s3.eu-west-2.amazonaws.com/OSC-PROCEDURES-
AND-GUIDANCE.pdf 
If the procedures outlined in this policy are not followed, any evidence
acquired may have been acquired unlawfully.  It may therefore not be
admissible in court, and the Procurator Fiscal is unlikely to take proceedings
on the basis of such evidence.  Midlothian Council may also be exposed to
legal action. 
3. SCOPE OF THE POLICY 
This policy applies in all cases where “directed surveillance” is being planned
or carried out.  Directed surveillance is defined in the relevant Code of
Practice as undertaken “for the purposes of a specific investigation or
operation” and “in such a manner as is likely to result in the obtaining of
private information about a person”.  This includes repeated and systematic
viewings of a subject’s social media sites.
The policy does not apply to:
• Observations that are carried out overtly;
• Unplanned observations made as an immediate response to events
where it was not reasonably practicable to obtain authorisation;
• Non-planned, ad hoc covert observations that do not involve the
systematic surveillance for a specific investigation or operation; or
• Any disciplinary investigation or any activity involving the surveillance
of employees of the Council, unless such surveillance directly relates to
a regulatory function of the Council. 
Unless the situation very clearly falls within one of these exempted categories,
the authorisation procedures outlined in the RIPSA Policy should be followed
in every case. 
4. MIDLOTHIAN COUNCIL SOCIAL MEDIA PRESENCE 
Midlothian Council has an internet presence as a corporate entity as well as
different services and departments. The corporate entity currently has a
Facebook page and a twitter account. Access to these is limited to the
Communications Team. Other services also utilise their respective corporate
accounts to post information about the Council’s activities and events. Also,
individual schools have social media presence. 
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5. TYPES OF SURVEILLANCE 
There are two different ways in which social media websites may be accessed
by Council Officers to carry out investigations: 
• Through an identity created specifically as the department’s
representative; and
• Through a covert identity using a false name. 
Officers must not use a private social media account whilst carrying out an
investigation on behalf of the Council. Where there is a compelling operational
requirement for Council Officers to conduct open source research using social
media profiles then, once authorised by the relevant Executive Director or
Senior Reporting Officer, Council facilities will be provided to enable the task
to take place. 
Investigators utilise social media in two different ways: 
• By simply visiting/viewing third party accounts or groups; and
• By entering into a personal relationship with the third party/group
member 
5.1  Privacy Settings of Account under Investigation 
Most social media websites will have a variety of privacy settings that users
can apply to protect their accounts from others accessing the information
contained therein. Facebook is a social media website commonly used to
investigate service users or potential service users and it has several different
privacy settings. Therefore, Facebook will be used as an example in this
policy. Depending on what privacy setting a user chooses, different people
can access the account and see all or some of its contents. 
‘Public’: All Facebook users can see the account and all of its content,
including the user’s “friends”, their timeline and photographs. Non-Facebook
users can see photographs and posts published on the account, but not who
has ‘liked’ a post or the marital status and geographic location of the user. 
‘Friends’: Only those who the user has accepted as Facebook ‘friends’ are
able to see the entire content of the user’s page. 
‘Custom’: The user can create lists of specific contacts and Facebook users
and designate them as the audience for – or block them from view of – any
posts. 
Of these three options, the relevant ones for investigating officers are ‘public’
and ‘friends’, as option 3 is a sub-category of ‘friends’. 
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5.2  Utilisation of Social media 
Directed Surveillance using overt Council identity
If an investigating officer views a service User’s Facebook profile, with whom
they are not ‘Friends’ via a normal route, and where the content is not
protected by any privacy settings, then information on this profile can be
treated as being in the public domain. An ad hoc or one off viewing/visiting of
this profile will be overt and no authorisation under RIPSA will be required. 
Whilst data may be considered “open source” where privacy settings are
available but not applied, if the officer frequently or regularly views/visits the
same individual’s profile this must be considered as targeted and may
constitute directed surveillance. Such actions must be considered on a case
by case basis and where appropriate, authorisation under RIPSA for directed
surveillance must be sought. 
If an investigating officer enters into a ‘conversation’ with the service user, and
if the officer informs them that he is contacting them in his role as an
employee of Midlothian Council, then this contact will be overt and no
authorisation under RIPSA will be required. In any other instance, where the
contact is not overt, authorisation for the use and conduct of a CHIS will be
necessary. 
To investigate a service user whose Facebook account is protected by privacy
settings, the investigating officer will have to send the service user a ‘friend
request’. As it is obvious from the department name that the person behind it
is a Midlothian Council employee, then the action could not be classified as
covert. No RIPSA authorisation would be needed 
Surveillance using covert identity 
If an investigating officer befriends a service user under a covert identity, then
a CHIS authorisation will always need to be in place before that is done. 
The Council has developed Policy and Guidance on the use of Covert Human
Intelligence Sources which is available on the intranet. 
6. BEST PRACTICE FOR THE USE OF SOCIAL MEDIA IN
INVESTIGATIONS  
As a matter of best practice, whenever a Council Officer intends to investigate
a particular service user through social media, rather than conducting a
general sweep of social media sites, an appropriate RIPSA authorisation
should be completed. 
7. AUTHORISATION 
Please refer to Midlothian Council’s Regulation of Investigatory Powers
(Scotland) Act and the Covert Surveillance and Use of Covert Human
Intelligence Sources Policies and Guidelines. 
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8. REVIEW 
This policy will be reviewed every three years from the date of approval. 
Further information on these guidelines and advice on whether a Directed
Surveillance or CHIS authorisation is required may be obtained from the Legal
and Governance Manager. 
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Midlothian Council
Tuesday 21 March 2023 
Mavisbank House - Update on proposed restoration by Landmark Trust 
Report by Kevin Anderson, Executive Director Place 
Report for Information 
1 Recommendations 
It is recommended that the Council notes: 
i) The Landmark Trust are pursuing the restoration of Mavisbank
House as a two stage process, beginning with the purchase of
the House and carrying out of works to secure the building as a
“consolidated ruin”;
ii) this Landmark Trust project is considered viable in terms of the
May 2012 Mavisbank Concordat, therefore the Council will use
its compulsory purchase powers as set out in the Concordat if
The Landmark Trust can secure the necessary funding; 
iii) costs incurred by the Council in carrying out the compulsory
purchase process will be covered by The Landmark Trust; and  
iv) the Council will continue to supply no financial support to The
Landmark Trust restoration project at Mavisbank House. 
2 Purpose of Report 
The purpose of this report is to update the Council on progress with the
proposed restoration of Mavisbank House by The Landmark Trust. 
21 February 2023 
Report Contact:
Grant Ballantine grant.ballantine@midlothian.gov.uk 
Item 8.6
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3 Background 
3.1 A Mavisbank Concordat (copy contained in Appendix B of this report)
was signed jointly between Historic Scotland (now Historic Environment
Scotland), Mavisbank Trust, Edinburgh & Lothians Greenspace Trust
and Midlothian Council in May 2012. It sets out the commitments of the
signatory bodies to the restoration of Mavisbank House and grounds
(Appendix B contains a plan showing the location of Mavisbank House
and grounds). The Council’s commitments in the Concordat are to:  
a) Support the work of the Mavisbank Trust to restore the House
and Policies (Mavisbank House and grounds), to develop the
community value of the Policies and improve access; and 
b) Take forward Compulsory Purchase Order procedures for the
House once a viable funding package is in place and confirmed. 
3.2 At its 17 December 2019 meeting Council was updated through report
about progress with a partnership formed between The Landmark Trust
and Historic Environment Scotland to restore Mavisbank House and
Grounds.  Funding was sought from the National Lottery Heritage Fund
for a project which would result in the restored house being available
as a holiday let, the pavilion wings of the house being made available
for public access and community use, improved access to the grounds
and training and education programmes occurring in the grounds. 
3.3 That previous bid for funding from the National Lottery Heritage Fund
was unsuccessful. Following this decision The Landmark Trust remains
committed to the restoration of Mavisbank House, and are now
pursuing alternative funding sources and amending their project plan. 
Historic Environment Scotland are not directly involved in the project
moving forward, but as owners of the Policies (grounds) of the house
will have continued involvement in the future of Mavisbank. The project
that is the subject of this report focuses on the acquisition of the House
and its future consolidation and restoration. It does not directly relate to
the grounds of the house. Any work on the grounds is the responsibility
of Historic Environment Scotland, who own the Policies. 
3.4 The revised Landmark Trust project has two distinct stages.  The first
stage being the purchase of the House and consolidation of the ruin to
make it safe and to prevent further deterioration leading to the
complete loss of this building of national cultural and historical
significance. The second stage will be the restoration of the House for
use as holiday accommodation. 
3.5 The Landmark Trust is applying to the National Heritage Memorial
Fund for the financial support required to purchase Mavisbank House
and undertake emergency repairs to prevent irreparable damage to the
ruin (this would be a consolidation of the ruin). An Expression of
Interest to the fund was successful in February 2023.  The Landmark
Trust intends to submit the full application for funding to the National
Heritage Memorial Fund by the end of 2023. 
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3.6 In keeping with the commitments made by the Council in the May 2012
Mavisbank Concordat, and reaffirmed at Council’s 17 December 2019
meeting, The Landmark Trust is likely to need Midlothian Council to
utilise its compulsory purchase powers.  The current ownership of the
House is uncertain, despite previous attempts by interested parties to
identify the owners.  Compulsory purchase is therefore the only
available route to securing ownership.  The Council will only commence
pursuing a Compulsory Purchase Order if: 
a) a viable funding package has been secured and confirmed by The
Landmark Trust;
b) the Council’s costs in carrying out the compulsory purchase are fully
covered by The Landmark Trust; and
c) legal guarantees are in place to ensure that the ownership of
Mavisbank House is immediately transferred from the Council to
The Landmark Trust following completion of a compulsory purchase
process.   
3.7 The Council commitments made in the May 2012 Mavisbank
Concordat, and also set out in the 17 December 2019 report, still stand
and have not been amended or removed. The Council would not be
providing any financial support to The Landmark Trust’s restoration
project. Any costs incurred by the Council in undertaking a compulsory
purchase of Mavisbank House would be met by The Landmark Trust.
However, officer time from existing budgets of the Legal and Planning,
Sustainable Growth and Investment Service sections will be required to
assist with a compulsory purchase order. 
4 Report Implications (Resource, Digital and Risk) 
4.1 Resource 
Whilst the Council is not providing direct financial support for the
project. Council officer staff time, from the Legal and Planning,
Sustainable Growth and Investment Service sections, is needed to
support the project and to fulfil the Council’s commitments in the 2012
Mavisbank Concordat of undertaking a compulsory purchase order.
Officer time will come from existing budgeted resources.   
4.2 Digital 
None 
4.3 Risk 
Not supporting the project by providing staff time to pursue the
compulsory purchase order may create reputational damage to the
Council if it is perceived to not be following through on its commitments
in the 2012 Mavisbank Concordat.   
It is considered very unlikely other opportunities exist for the restoration
or consolidation of the nationally important, historically and culturally,
Mavisbank House. If the current project fails there is a strong possibility
that the house will be left to further deteriorate and potentially collapse.
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4.4 Ensuring Equalities (if required a separate IIA must be completed) 
None 
4.5 Additional Report Implications (See Appendix A) 
See Appendix A 
Appendices 
Appendix A – Additional Report Implications
Appendix B – Background information/Links 
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APPENDIX A – Report Implications 
A.1 Key Priorities within the Single Midlothian Plan 
The restoration of Mavisbank House represents potential employment
opportunities and to provide a visitor destination in Midlothian. 
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 
Mavisbank House is of national cultural and historical significance. The
Council’s involvement via use of compulsory purchase powers is an
existing commitment.  It is considered very unlikely other opportunities
exist for the restoration or consolidation of Mavisbank House. If the
current project fails there is a strong possibility that the house will be
left to further deteriorate and potentially collapse.  It is also a unique
opportunity to attract this investment to Midlothian.  If the project does
not go ahead, the investment will be made elsewhere in the UK.  It
cannot be diverted to other activities in Midlothian. 
A.5 Involving Communities and Other Stakeholders 
Public engagement has been undertaken by The Landmark Trust and
Historic Environment Scotland in the local area as part of the prior
unsuccessful grant application. 
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A.6 Impact on Performance and Outcomes 
The Council’s position on the compulsory purchase order was agreed
by Cabinet on 10 January 2012. The Council will only use the
compulsory purchase order powers vested in it to acquire Mavisbank
House once a viable funding package for the restoration of the House
has been secured by The Landmark Trust and that the Council’s costs
in carrying out the compulsory purchase order are covered by The
Landmark Trust. 
A.7 Adopting a Preventative Approach 
Investment in Mavisbank House will prevent further decay of this
building of national importance. Investment would be expected to
provide opportunities for skills development through training and
education opportunities. 
A.8 Supporting Sustainable Development 
The restoration of Mavisbank House offers opportunities for skills and
training development in conservation. These are contributors to a
sustainable economic and physical environment. 
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APPENDIX B 
Background Papers/Resource Links 
Mavisbank Concordat May 2012 and Plan showing location of Mavisbank
House and Policies. 
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Item 8.6
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Item 8.6
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Midlothian Council
Tuesday 21 March 2023 
Report on Tender Returns – Temporary Units (various) 
Kevin Anderson, Executive Director - Place 
Report for Decision 
1 Recommendations 
It is recommended that the Council: 
1. Notes the requirement for Modular Units at King’s Park Primary
School, Roslin Primary School, Rosewell Primary School and
Woodburn Primary School, to address projected capacity being
exceeded in August 2023/24. 
2. Notes the requirement for a Modular Unit at Lasswade High
School, to address the requirement for suitable space for pupils
with Additional Support Needs. 
3. Approve granting of delegated authority to Executive Director
Place for acquisition of units up to value of £1.772 million, to
finalise tender assessment to deliver best value to the Council
for the acquisition of the units at King’s Park Primary School,
Roslin Primary School, Rosewell Primary School and Lasswade
High School. 
4. Approve a capital expenditure budget of £1.998 million in the
General Services Capital Plan for the acquisition and installation
of the Modular Units at King’s Park, Roslin and Rosewell
Primary Schools, to allow the timely procurement and delivery of
these units, with the budget value to be reduced accordingly
following the completion of the tender assessment process; 
5. Note that the capital costs of £1.998 million for the acquisition of
the Modular Units at King’s Park, Roslin and Rosewell Primary
Schools will be funded in full by the application of developer
contributions for primary school provision in Rosewell, Dalkeith
and Roslin, and thereby have no additional net cost implications
for the General Services Capital Plan; 
6. Approve the allocation of a fully approved capital expenditure
budget of £0.506 million for the Modular Unit at Lasswade High
School, which will partially replace the current ‘in principle’
capital expenditure budgetary allocation for the provision of
accommodation for ASN pupils at Lasswade High School  of
£1.333m in the General Services Capital Plan. 
7. Approve the proposed rental of the Modular Unit at Woodburn
for the period August 2023 to December 2024, noting that the
Item 8.7
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forecast rental costs are expected to be able to be funded in full
by already received developer contributions for primary school
provision in Dalkeith.   A report will be brought back to Council to
request a supplementary budget estimate for these rental costs
in 2023/24 and inclusion in the base budget in 2024/25, along
with confirmation that these costs will be funded in full by
developer contributions. 
2 Purpose of Report/Executive Summary 
To obtain governance for the provision of Modular Units for four
primary schools and one high school in Midlothian, where capacity is
projected to be exceeded by August 2023.  Four of these will be
procured through a direct acquisition following a competitive tender
exercise, with the fifth to be rented over a period of 16 months. 
Developer contribution funding is available to wholly finance the capital
costs for the units to be provided at King’s Park, Roslin and Rosewell
Primaries, and the revenue lease/rental costs for the unit to be
provided at Woodburn Primary.  As such, there is no net impact on the
General Services Capital Plan and no net direct consequences of
capital investment impact on the Council’s revenue budget. 
The ASN Modular Unit to be provided at Lasswade High will replace
the existing ‘in principle’ allocation of £1.333 million for the provision of
ASN pupils at Lasswade High School, which will be funded by
prudential borrowing.  This will reduce the capacity and flexibility the
Council will have to conclude the Capital Plan Prioritisation Exercise to
defer, pause, re-scope or delete projects in order to bring the loan
charges arising from capital investment within the Medium Term
Financial Strategy levels. 
Date 3rd March 2023 
Report Contact:
Fiona Clandillon, Head of Development
fiona.clandillon@midlothian.gov.uk 
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3 Background/Main Body of Report 
3.1 The Learning Estate Strategy highlights as Priority 2 projects the
following schools, which are forecast to breach in August 2024 if
investment projects are not progressed, resulting in insufficient pupil
places to fulfil the Council’s statutory responsibilities. 
• Kings Park PS breaches by August 2023
• Rosewell PS breaches by August 2023
• Roslin PS breaches by August 2023
• Woodburn PS breaches by August 2024 
Updated figures provided to the Place Directorate indicate breaches by
August 2023 at Rosewell, Roslin, Woodburn and Kings Park Primary
Schools. 
Modular Units are required to address the forecast breaches. Longer
term expansion projects are under development for Rosewell, Roslin
Woodburn, and Kings Park Primary Schools. 
The following Business Needs have been identified by Children, Young
People and Partnerships service. 
King’s Park Primary School 
The roll of King’s Park Primary school is projected to increase to above
its existing capacity of 509 pupils by 2023/24, before falling back to
below current capacity levels by 2026/27. Pupil roll projections are
included in the table below:- 
Table 1: 
Financial
Year
Current
Capacity
Census 22/23 23/24 24/25 25/26 26/27
Pupil
Roll
509 478 496 535 511 497 483 
The current layout of the school building means that there are several
classrooms which are unable to accommodate the maximum statutory
class numbers (e.g. P5 classroom able to accommodate 29 pupils
against the statutory number of 33). Unfortunately, given the location
and lack of flexibility of each of these spaces, the classrooms are not
conducive to rotate year group changes throughout the building limiting
the total capacity per class. 
This creates issues when larger stage groups progress through the
school and causes issues around children who move into the
catchment area throughout the school year but cannot be
accommodated. 
At present, there is a project in development involving an expansion
and refurbishment to King’s Park Primary School and this forms part of
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4
Midlothian Council’s Learning Estate Investment Programme (LEIP)
Phase 3 bid submitted in October 2022, for which an outcome is
awaited.  A class composition exercise has been carried out and the
data shows that the projected roll will leave Midlothian Council at risk
with insufficient capacity for catchment pupils over the forthcoming 3
year period. 
Any future influx of projections would result in Midlothian Council
having to transport pupils to a different school within the authority at a
cost per pupil to the Council. 
We have therefore been advised that a 1 classroom temporary unit is
required by August 2023 to accommodate this projected roll as an
interim measure until the larger development is complete. 
Rosewell Primary School 
The current registered capacity of Rosewell is 175 pupils with the
projected capacity increasing to 290+ by 2028/29. Pupil roll projections
are included in the table below 
Table 2: 
Financi
al Year
Current
Capacity
Census 22/23 23/24 24/25 25/26 26/27
Pupil
Roll
175 157 184 219 229 247 253 
The current school roll is 165 pupils with roll projections indicating a
significant increase in the pupil roll over the next 5 – 10 years as a
direct result of new housing developments within the Rosewell
catchment area. 
The area surrounding Rosewell has been and is currently subject to
numerous planning applications for residential developments, and as
such has resulted in an increased number of pupils attending and
projected within the catchment area, which is now due to breach its
capacity by August 2023. 
In addition to this request, Education Services have put in place an
interim measure in order to accommodate a breach in capacity during
the summer holidays 2022 by converting Rosewell Primary School
Support for Learning space into a class base. 
A new Rosewell Primary School forms part of Midlothian Council’s LEIP
Phase 3 bid and was submitted as priority project. Reviewing the data,
the school will be approximately 3 nr. Classes over capacity by the time
a new school can be constructed or alternatively the existing school
extended. 
The data shows that the projected roll will leave Midlothian Council at
risk with insufficient capacity whilst unable to provide statutory spaces
for catchment pupils should additional accommodation not be provided.
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In addition to this these pupils would have to be transported to a
different school within the authority at a cost per pupil to the Council. 
We have therefore been informed that a 2 classroom temporary unit is
provided by August 2023 with a requirement for an additional unit from
2024/25 to further accommodate this projected roll as an interim
measure until the larger development is complete. 
Roslin Primary School 
The current registered capacity of Roslin Primary School 267 pupils
with the projected capacity increasing to 330+. Projections as below. 
Table 3: 
Financi
al Year
Current
Capacity
Census 22/23 23/24 24/25 25/26 26/27
Pupil
Roll
267 248 293 317 322 321 303 
The current school roll is 260 pupils with roll projections indicating a
significant increase in the pupil roll over the next 5 years as a direct
result of housing developments within the Roslin catchment area. The
currently under development housing sites, forming part of Midlothian
Council’s LDP has resulted in an increased number of pupils attending
and projected within the catchment area, which is now due to breach its
capacity by August 2023. 
In addition to this request, Education Services have put in a place an
interim measure in order to accommodate a breach in capacity during
the summer holidays 2022 by converting 1 nr Early Years play room
into a class base. This results in a reduced capacity for Early Years
placing strains on this service and this must be a short term solution
with capacity released back to Early Years. 
At present, there is a live proposed project, involving an extension to
Roslin Primary School to provide additional classrooms and core
accommodation which will address the capacity concerns. The current
programme indicates the extension to be available by late 2024. 
The data shows that the projected roll will leave Midlothian Council at
risk with insufficient school capacity whilst unable to provide statutory
spaces for catchment pupils should additional accommodation not be
provided. In addition to this, these pupils would have to be transported
to a different school within the authority at a cost per pupil to the
Council. 
It is therefore recommended that a 2 classroom temporary unit is
provided by August 2023 to accommodate this projected 
Woodburn Primary School
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Woodburn PS capacity is constantly under pressure due to a number of
factors such as a high birth rate and a larger than standard Primary 1
intake. This led to 2 modular units being installed at the school in
August 2021. The school is due for a 9 class extension which is due for
completion late 2024 with an expected breach in August 2023. 
In order to allow for these pupils to be accommodated 1 additional
modular unit is required as an interim measure. Due to the temporary
nature of this requirement, it is proposed that this unit is procured
through a lease arrangement rather than through an acquisition, and
will therefore be classified as revenue expenditure, which will be fully
funded by already received developer contributions. 
A further, subsequent report to Council will be provided on the
lease/rental cost of a one classroom modular unit. 
Lasswade High School 
As was outlined in the Learning Estate Strategy approved by Council in
December 2022, as the population of Midlothian increases, the levels
of pupils with significant complex needs will be expected to increase. In
order to reduce the number of children transported out of Midlothian at
a high cost, there is a requirement to create capacity to meet the
growing demand for ASN places, particularly within Secondary schools. 
The ASN Strategy, approved by Midlothian Council in December 2023
alongside the Learning Estate Strategy, highlights the following issues
in relation to requirements for S1 spaces in 2023/24. 
Table 4 Places required for S1 in August 2023. 
School Capacity Provision Spaces
for 2023-24
Stage 2
(Enhanced
Mainstream) 
Stage 3
(Provision)
Stage 4
(Saltersgate)
Saltersgate 
(P1-S6) 100 0   1
Beeslack SCN 8 1 3 1 
Beeslack CN 12 2  2 
Dalkeith 10 0 2 0 
Lasswade 20 0 3 8 
St David’s 28 0 3 1 
Penicuik 0 0 2 5 
Newbattle 0 0 4 5 
Total 178 3 17 22 1       
At Lasswade High School, there is capacity for 20 ASN pupils. This
capacity is provided within a single classroom and is fully utilised by a
mix of children with Stage 2 needs (Enhanced Support for Learning
and / or targeted nurture) and Stage 3 (Complex Needs). The single
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7
classroom space for Stage 2 and Stage 3 needs does not provide a
suitable learning environment for these children. Furthermore, there is
no capacity for the 3x additional Stage 2 and 8x additional Stage 3
children, who will require S1 spaces in 2023/24. 
Lasswade High School is close to being at 100% capacity, and has
been modified over the past few years to add additional changing
places and toilets. There is no scope within the existing school to have
a suitable space and environment for the projected number of pupils
with ASN.  A modular unit on the grounds of the school will meet the
required statutory demand and will ensure no pupils are sent outwith
the Midlothian Council area at significant cost. 
If additional capacity is not created for these incoming S1 pupils, we
will need to place them outside the authority.  This does not align with
the ASN Strategy and placements have a significant ongoing revenue
cost implication for the Council, ranging from £42,000 per annum per
child to £350,000 per annum plus the cost of transport. 
It is therefore proposed that an additional Modular Unit is acquired for
the exclusive use of children with Stage 3 needs at Lasswade High
School from Autumn 2023, with the Stage 2 children remaining in their
current classroom. 
The specification of the modular units for the primary schools is
suitable for ASN use, as all have ramped access and include disabled
toilets. 
Table 5: Summary Table  
School Proposal Total
Development Cost
Kings Park PS 2 classroom unit  £506,140
Rosewell PS  2 classroom unit £798,720
Roslin PS  2 classroom unit £693,452
Lasswade High School 1 classroom unit £506,140
Total Capital Costs  £2,504,452
Woodburn PS  1 classroom unit  Leasing cost
confirmation to be
reported at later date 
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4 Report Implications (Resource, Digital and Risk) 
4.1 Resource 
Capital 
Expenditure 
Based on the costs as outlined in Table 4 in Section 3, an allocation of
a capital expenditure budget of £2.504 million in the General Services
Capital Plan is required. 
Funding 
The capital costs of £1.305 million in relation to the Modular Units at
King’s Park Primary School and Rosewell Primary School would be
fully funded by £1.305 million of already received developer
contributions for non-denominational primary provision in Dalkeith and
Rosewell, and therefore have a nil effect on the bottom line of the
General Services Capital Plan and a neutral effect on the Council’s
revenue budget. 
The capital costs of £0.693 million in relation to the Modular Unit at
Roslin Primary School are expected to be fully funded by £0.693 million
of developer contributions that are forecast to be received in 2023/24
for non-denominational primary provision in Roslin. 
The capital costs of £0.506 million in relation to the Modular Unit at
Lasswade High School will replace the current ‘in principle’ allocation in
the General Services Capital Plan of £1.333 million for Additional
Support Needs accommodation at Lasswade High School.  There is no
external funding available for ASN provision therefore the £0.506
million will require to be funded by prudential borrowing, replacing the
current prudential borrowing requirement for the ‘in principle’ allocation. 
Capital Plan Affordability 
Council will note that in the “Capital Plan Prioritisation – Update Report”
paper that was approved by Council on 21 February 2023, that the
Loan Charges arising from capital expenditure within the General
Services Capital Plan, including all projects currently approved as “in
principle”, is expected to significantly exceed the Loan Charges levels
as per the Council’s approved Medium Term Financial Strategy over
the period 2023/24 to 2027/28. 
The paper considered by Council on 21 February 2023 approved the
deferral, pause or deletion of £10.604 million of capital expenditure,
against a target of £71.901 million (the level required to bring Loan
Charges within the Medium Term Financial Strategy targets). 
Therefore, a further £61.297 million of capital expenditure from fully
approved projects and ‘in principle’ projects still needs to be deleted
from, paused or deferred within the General Services Capital Plan.
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9 
As such, fully approving a capital expenditure budget of £0.506 million
in the General Services Capital Plan for the acquisition of an ASN unit
at Lasswade High School (replacing the current “in principle”
allocation), will result in this expenditure no longer being available for
deletion, pause or deferral under the Capital Plan Prioritisation
methodology, and therefore limit the capacity and flexibility the Council
has to deliver the remaining £61.297 million of required Capital Plan
Prioritisation deletions/pauses/deferrals, and the ability of the Council
to bring overall capital plan expenditure within prudent, affordable and
sustainable limits that is proportionate to the authority’s financial
capacity. 
Revenue 
The capital costs of the Modular Units at Rosewell, King’s Park and
Roslin will be funded by already received, or expected to be received in
2023/24, developer contributions, and therefore there is no direct
revenue consequences of capital impact on the Council’s revenue
budget. 
The rental costs of the Modular Unit at Woodburn over the period
August 2023 to December 2024 are yet to be established.  However,
based on recently received market data, the costs of these once
tendered are expected to be able to be fully funded by already received
developer contributions for non-denominational primary provision in
Dalkeith, which would result in a net nil effect on the Council’s revenue
budget. 
4.2 Digital 
Not applicable 
4.3 Risk 
Project Overview - Risks Impact Likelihood Mitigation
Financial Future market volatility
and inflation pushing cost
above anticipated budget. 
5 2 Budget based on
tender returns
Financial Affordability of General
Services Capital Plan
1 1 External funding
for Modular Units
for Primary
Schools already
secured through
developer
contributions with
no net impact on
GSCP/Revenue
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Budget
Financial Affordability of General
Services Capital Plan
3 5 No external
funding available
for Modular Unit at
Lasswade High
School which will
therefore require to
be funded by
prudential
borrowing,
impacting on the
ability of the
Council to bring
Loan Charges
within Medium
Term Financial
Strategy target
levels
Financial Sustainability of financial 
investment in modular
units given temporary
nature of requirement
3 2 Likelihood of
continued
requirement for
modular units
across Midlothian
Learning Estate is
high given
pressures on
existing estate.
Temp.U’s can be
redeployed. 
Operational Failure to deliver units
restrict ability to provide
school places to children
in catchment.  Capacity
breaches forecast by
CYPP indicate imminent
breaches of capacity
requiring urgent action.
4 4 Secure
governance to
appoint preferred
bidder to delivery
additional capacity. 
Delivery Physical constraints on
sites restrict ability to
deliver units.  Rosewell
presents constrained site.
3 3 Work with
contractor to
devise appropriate
solution to TU
siting/installation. 
Delivery Delays in delivery past
proposed completion /
hand. 
3 1 Monitor and
manage
programme to take
account of
potential
requirement to
value management
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4.4 Ensuring Equalities (if required a separate IIA must be completed) 
Not applicable 
4.4 Additional Report Implications (See Appendix A) 
See Appendix A 
Appendices 
Appendix A – Project Examples 
Appendix B – Background information/Links 
programme.
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APPENDIX A – Report Implications 
A.1 Key Priorities within the Single Midlothian Plan 
• Reduce education inequality: the modular units will ensure schools
can provide a high quality learning environment and creating
opportunities for pupils to learn with sufficient space for all. 
• Reduce economic inequality: through provision of high quality
learning environment that provides sufficient capacity in the location of
their choice, it is anticipated that these units will avoid a negative
impact on engagement and attainment that allocating spaces to
children outside tier catchment and requiring them to travel may have,
if capacity was not created, which in turn will drive community and
economic benefits. 
• Achieve net zero carbon by 2030: Modular units in schools that would
otherwise breach capacity prevent children having to travel to
alternative schools, avoiding generation of carbon emissions from
transport. 
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 
Modular units offer high quality learning spaces that can be deployed to
address temporary increases in pupil rolls. Where rolls subsequently
decline, these units can be redeployed elsewhere within the Midlothian
learning estate. The acquisition of these assets offer better value than
a longer term extension, where that roll rise is temporary. Where there
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13
is a longer term upward trend, the acquisition of these units prevents
short term breaches in capacity while permanent solutions are
developed. Once those permanent solutions are in place, again, the
asset can be redeployed. Given the rising population trend in
Midlothian, it is anticipated these units will continue to prove useful in
addressing short term capacity issues across the learning estate. 
The acquisition of these units has been done through a competitive
tendering process. 
A.5 Involving Communities and Other Stakeholders 
Planning / Design / Delivery Consultation 
This proposed project involves working with both schools and internal
stakeholders in order to develop the correct specification, obtain
planning consent where required and ensure smooth delivery on site. 
A.6 Impact on Performance and Outcomes 
The aim of this paper supports the priority to reduce the inequalities in
learning outcomes by ensuring every child has the opportunity to attend
school in their local community. 
A.7 Adopting a Preventative Approach 
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 
By ensuring pupils can attend school in this local community, the need
to travel to schools in other catchments is avoided, having a positive
impact on carbon emissions. 
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APPENDIX B 
Background Papers/Resource Links (insert applicable papers/links) 
Modular Unit Floor Plan Examples 
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Midlothian Council
21 March 2023                               
FINAL THURS 5/6 @ 1630H       
Intake Figures and Limits for Primary and Secondary Schools Session 2023/24 
Report by Fiona Robertson, Executive Director, Children, Young People and
Partnerships 
1 Recommendations   
Council is requested to approve:
• The requirement to apply intake limits, as detailed in the report, at a number of
schools in order to safeguard places for pupils to be able to attend their
catchment school. 
Council is otherwise requested to note:
• The estimated intake figures for primary and secondary schools in Section 3,
tables 1 – 3. 
2 Purpose of Report/Executive Summary 
This report provides Council with an update on the enrolment of pupils and intake for
the school session 2023/24.  The report identifies a number of schools where there
is pressure on school capacity and the need to apply intake limits to safeguard places
for catchment children and to manage placing requests.   
AUTHOR’S NAME Fiona Robertson 
DESIGNATION Executive Director (Children, Young People and Partnerships)
CONTACT INFO Fiona.Robertson@midlothian.gov.uk 
DATE 21 March 2023 
Item 8.8
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3 Intake August 2023 
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. Furthermore, this enables schools 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 out with 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 or non-baptised catchment children at Roman
Catholic schools. The places are reserved for children who may move in to the
catchment area during the academic year. The number of reserved places is
generally set at one per class at primary and one per 40 places at secondary. The
number of places is increased in areas with a high rate of housebuilding. 
3.3 The progress of house building in parts of Midlothian is continuing to generate growth
in pupil numbers.  This combined with parental placing requests for certain schools
with limited capacity 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 provision of schools and their capacity, alongside pupil projections, are set out in
the Learning Estate Strategy. The Learning Estate Strategy Update report was
presented to Council 13 December 2022. 
3.5 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. Maintaining this commitment is continuing to be
challenging with the growth in pupil numbers we are experiencing and the consequent
pressure on school capacities. 
3.6 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 2023/24:
• The proposed level of capping at the school and number of expected pupils
• Current and planned housing developments
• Projected school rolls
• Projected migration into the catchment area
• Information about reserved places from previous years
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• School capacities
• Information known to us, for example, families indicating a move into the area
before/after commencement of the academic year
• Future expansion of the Learning Estate 
3.7 Pupil enrolment for the 2023/24 school session is well underway. The national
deadline for the submission of placing requests was 15 March 2023, and decisions
on those requests will be made and communicated by letter to parents/carers during
April.  The Education Appeal Committee will meet in June to consider any appeals
received in respect of placing requests which have been refused. 
3.8 Prior to the August 2023, school intake children who turned 5 between 1 January and
28/29 February after their school start date were entitled to a further funded year of
early learning and childcare (ELC) if they deferred starting primary school. Children
who turned 5 between their school start date and 31 December could defer and
request a further funded year of ELC but this was at the local authority’s discretion.
With effect from August 2023, the legislation changes so that all children who turn 5
after their school start date and defer are entitled to a further funded year of ELC. 204
deferrals have been received this year to date.  This represents a significant increase
from the 167 received for August 2022 (+22%). This increases the number of children
at early learning and childcare settings and reduces the number of children
commencing Primary 1 in August 2023. It remains to be seen whether this increased
level of deferrals is as a result of the change in legislation and will continue in future
years, or if it is as a result of the impact of the Covid-19 lockdown restrictions. If the
latter, when the deferral numbers return to pre-pandemic levels the Primary 1 intake
will be higher and increase pressure on capacity while the numbers feed through. 
Primary Schools 
3.9 For August 2023, the primary schools where the number of Primary 1 pupils residing
in their catchment exceeds Primary 1 intake capacity and may be oversubscribed
are:
• Bilston Primary School • Rosewell PS
• Bonnyrigg PS • Roslin PS
• Burnbrae PS • Stobhill PS
• Hawthornden PS • Woodburn PS
• Lawfield PS • Sacred Heart Roman Catholic PS
• Mauricewood PS • St David’s RC PS
• Moorfoot PS • St Luke’s RC PS
• Newtongrange PS • St Mary’s RC PS
• Paradykes PS 
3.10 In addition, at the following primary schools the number of Primary 1 pupils residing
in their catchment was the same as the Primary 1 intake capacity: 
• Gore Glen PS • Gorebridge PS
3.11 The catchment numbers used to create the above lists of non-denominational schools
includes all children living in each catchment area. Until parents and carers register
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4
their child for Primary 1 it is not known how many are Roman Catholic and may
choose to go to their catchment Roman Catholic school. In theory, therefore, all
catchment children could choose to attend their catchment non-denominational
school. The Roman Catholic schools on the list are those where more children have
registered for Primary 1 than there is capacity. 
3.12 At the time of writing, the deadline for placing requests had not passed. These
requests and the deferrals are still being received and the figures in this paper are
subject to change. While there may still be some movement, issues with
oversubscribed schools is currently limited to: Bonnyrigg, Loanhead, Moorfoot,
Roslin, Stobhill, St David’s and St Mary’s. However, we also have limited available
capacity at Newtongrange.  Intake should, therefore, be capped at these schools to
ensure we do not exceed capacity. 
3.13 The following tables set out the catchment numbers, intake projections and reserved
places. 
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5
Table 1: Primary 1 non-denominational schools’ catchment numbers, estimated
intake numbers, intake limits and reserved places August 2023
Non-Denominational
Primary Schools
Catchment
P1s
P1s
registered
net of
deferrals etc
Estimated
P1 intake
August 2023
P1 intake
limit August
2023
Reserved
places
Bilston Primary School 45 34 32 33 2
Bonnyrigg Primary
School 55 48 60 60 3
Burnbrae Primary School 77 71 61 72 3
Cornbank St James
Primary School 28 23 32 47 2
Cuiken Primary School 38 29 23 60 2
Danderhall Primary
School 70 54 56 90 3
Gore Glen Primary
School 51 43 53 60 2
Gorebridge Primary
School 51 44 35 60 2
Hawthornden Primary
School 38 30 26 54 2
King's Park Primary
School 60 51 57 75 3
Lasswade Primary
School 37 26 33 60 2
Lawfield Primary School 57 46 36 60 2
Loanhead Primary
School 23 20 28 30 2
Mauricewood Primary
School 56 51 52 54 3
Mayfield Primary School 36 31 34 50 2
Moorfoot Primary School 12 10 13 14 1
Newtongrange Primary
School 61 51 55 56 2
Paradykes Primary
School 63 53 49 60 2
Rosewell Primary School 28 26 27 33 1
Roslin Primary School 56 44 44 47 3
Stobhill Primary School 39 33 32 33 2
Strathesk Primary School 33 32 30 54 2
Tynewater Primary
School 18 17 21 33 1
Woodburn Primary
School 109 93 97 110 4  
1141 960 986 1305 
Note:  Includes all children who subsequently register for their catchment denominational school.
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Table 2: Primary 1 denominational schools’ catchment numbers, estimated intake
numbers, intake limits and reserved places August 2023 
Denominational Primary
Schools
P1s registered net
of deferrals etc
Estimated P1
intake August
2023
P1 intake limit
August 2023
Reserved
places
Sacred Heart RC
Primary School 21 21 25 1
St Andrew's RC
Primary School 20 18 25 1
St David's RC Primary
School 33 24 25 1
St Luke's RC Primary
School 25 23 25  1
St Mary's RC Primary
School 33 23 25 2
St Matthew's RC
Primary School 5 7 10 1  
137 116 135 
3.14 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.   
3.15 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 qualifying pupils wishing to attend the denominational schools will exceed
their intake capacities. 
Secondary Schools 
3.16 This year there is only one secondary school where the number of Secondary 1 pupils
residing in their catchment exceeds Secondary 1 intake capacity: Dalkeith. Two
secondary schools are close to their intake capacity: Lasswade and St David’s. 
3.17 Since August 2017, the Council has provided home to school transport for pupils
residing in the Loanhead area who choose to attend Beeslack High School rather
than Lasswade, which is their catchment secondary school.  This has had some
success in easing the pressure of pupil numbers at Lasswade with approximately
34% of pupils resident in Loanhead opting to attend Beeslack next year. 
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3.18 Although the number of pupils attending Roman Catholic primary schools and due to
move to secondary in August 2023 is close to the intake capacity of St David’s RC
High School, 19% of these pupils have requested that they attend a non-
denominational secondary school. This will reduce the number attending St David’s. 
The table below shows the estimated Secondary 1 intake for August 2023.   
Table 3: Secondary 1 catchment numbers, estimated intake numbers, intake limits
and reserved places August 2023 
School Name Catchment S1 Estimated S1 S1 intake limit Reserved
places
Beeslack High School 98 141 150 6
Dalkeith High School 209 209 200 6
Lasswade High School 298 291 300 10
Newbattle High School 267 243 260 7
Penicuik High School 136 129 140 4
St David's RC High School 157 139 140 4 
Total 1165 1152 1200 
3.19 Rolls at Dalkeith HS, Lasswade HS and St David’s HS need to be capped to ensure
we do not exceed capacity and are able to reserve places (as stated above).  Pupil
enrolment for these high schools 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 2023.   
Pupil Placement Guidelines 
3.20 The policy guidelines on Admission to Primary and Secondary Schools have been
updated, including incorporating the change in legislation relating to entitlement to an
additional funded year of early learning and childcare which takes effect from August
2023. This policy update was approved at Council on 4 October 2022 and is included
in Appendix 3. 
Summary  
3.21 As in previous years, pupil intake for August 2023 will be assessed regularly, 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. 
3.22 The letters confirming Primary 1 school places and the outcome of secondary placing
requests will be issued to parents/carers during April.   
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4 Report Implications 
4.1 Resource
There are no direct resource implications arising as a result of this report.   
4.2  Risk  
There is a risk that the council will not have a place for every pupil at their catchment
school. This 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. 
4.3  Single Midlothian Plan and Business Transformation
Themes addressed in this report: 
Community safety 
Adult health, care and housing 
Getting it right for every Midlothian child 
Improving opportunities in Midlothian 
Sustainable growth 
Business transformation and Best Value 
None of the above   
4.4 Key Priorities within the Single Midlothian Plan 
Key outcome: Individuals and communities have improved health and learning
outcomes 
GIRFEC outcomes: Children and young people are supported to be healthy, happy
and reach their potential; Inequalities in learning outcomes are reduced. 
4.5 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. 
4.6 Adopting a Preventative Approach
The Council’s approach to pupil placement adopts a preventative approach by
maximising the opportunities for pupils to attend school in their local community. 
4.7 Involving Communities and Other Stakeholders
This report informs Council of the potential impact on communities arising from
pressure on school places. 
4.8 Ensuring Equalities
This paper informs Council of the impact of managing pupil admissions in line with
national and local policy and procedure. 
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4.9 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. 
4.10 IT Issues
There are no IT issues arising directly as a result of this report. The IT requirements
arising in order to put in place the additional capacity for each school will be identified
as part of the development of the project specifications. The budget required to fully
equip any additional classes required for August 2023 will be developed in liaison
with Digital Services. 
Appendices
Appendix 1 Primary School Pupil Census 2022
Appendix 2 Secondary School Pupil Census 2022
Appendix 3 Policy Guidelines - Admission to Primary and Secondary Schools 
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Appendix 1
Primary Schools Pupil Census 2022 
School P1 P2 P3 P4 P5 P6 P7 Total % of
Capacity
Bilston Primary School 28 34 27 25 21 29 19 183 76%
Bonnyrigg Primary School 57 55 57 64 56 62 58 409 89%
Burnbrae Primary School 53 65 71 74 75 75 64 477 89%
Cornbank St James Primary
School 46 45 48 45 37 44 40 305 89%
Cuiken Primary School 27 30 23 47 31 33 37 228 50%
Danderhall Primary School 66 65 52 39 51 51 41 365 61%
Gore Glen Primary School 47 55 51 47 37 39 25 301 69%
Gorebridge Primary School 55 40 30 53 35 39 44 296 64%
Hawthornden Primary
School 38 40 33 31 44 49 39 274 63%
King's Park Primary School 71 80 76 68 68 62 61 486 96%
Lasswade Primary School 55 49 40 51 46 59 51 351 89%
Lawfield Primary School 50 47 51 28 45 61 52 334 73%
Loanhead Primary School 26 21 28 29 25 21 31 181 83%
Mauricewood Primary
School 54 54 51 52 44 51 63 369 94%
Mayfield Primary School 32 40 36 32 41 34 44 259 66%
Moorfoot Primary School 10 14 13 13 11 8 11 80 89%
Newtongrange Primary
School 52 55 57 52 58 47 40 361 92%
Paradykes Primary School 58 53 53 44 37 38 41 324 76%
Rosewell Primary School 25 28 35 19 20 16 20 163 93%
Roslin Primary School 31 38 44 30 43 30 32 248 93%
Sacred Heart Primary School 18 7 20 18 14 22 24 123 70%
St Andrew's Primary School 25 14 21 21 19 22 23 145 83%
St David's Primary School 24 28 29 30 23 28 30 192 88%
St Luke's Primary School 18 27 30 32 26 31 33 197 81%
St Mary's Primary School 23 27 22 22 29 21 18 162 67%
St Matthew's Primary School 3 6 5 7 6 11 9 47 63%
Stobhill Primary School 28 23 30 32 29 30 26 198 82%
Strathesk Primary School 25 34 27 37 37 46 42 248 63%
Tynewater Primary School 16 26 29 41 25 28 26 191 79%
Woodburn Primary School 86 101 103 98 92 86 84 650 88%
Primary Schools 1147 1201 1192 1181 1125 1173 1128 8147   
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Appendix 2
Secondary Schools Pupil Census 2022 
S1 S2 S3 S4 S5 S6 Total % of Capacity
Beeslack Community
High School 138 142 133 132 127 57 729 85%
Dalkeith High School 191 180 170 161 128 96 926 88%
Lasswade High School
Centre 296 298 293 293 254 134 1568 98%
Newbattle High School 253 241 194 221 146 47 1102 92%
Penicuik High School 128 96 128 130 92 64 638 68%
St David's RC High
School 143 138 134 142 115 65 737 83%
Secondary Schools 1149 1095 1052 1079 862 463 5700 
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Appendix 3 
CHILDREN, YOUNG PEOPLE AND
PARTNERSHIPS 
EDUCATION POLICY 
Admission to Primary and Secondary Schools 
This Policy is authorised by Council
This Policy supersedes Version 13
This Policy was circulated to Public
Date of circulation 
For further Information Pupil.Placement@midlothian.gov.uk 
Review Date 2023 
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Table of Contents 
1.0 PLACING IN SCHOOLS ........................................................................................................... 15
1.1 Legal background ........................................................................................................................ 15
1.2 Denominational Education ......................................................................................................... 15
1.3 Parents wishing a Gaelic Medium Education ............................................................................. 15
1.4 Children with Additional Support Needs .................................................................................... 16
1.5 Home to School Transport .......................................................................................................... 16
1.6 Composite Classes ...................................................................................................................... 16
1.7 Team Teaching ............................................................................................................................ 16
1.8 Children living under shared care ............................................................................................... 16
1.9 Reserved places .......................................................................................................................... 17
2.0 ARRANGEMENTS FOR PRIMARY SCHOOLS ............................................................................. 17
2.1 Registration procedures for entry to primary school ................................................................. 17
2.2 Press advertisements ................................................................................................................. 17
2.3 Contact with parents/carers ....................................................................................................... 18
2.4 Eligibility...................................................................................................................................... 18
2.5 Choosing a school ....................................................................................................................... 18
2.6 Access to information ................................................................................................................. 18
2.7 Registration of catchment children ............................................................................................ 19
2.8 Enrolment of catchment children............................................................................................... 19
2.9 Change of address ...................................................................................................................... 20
2.10 Phased entry arrangements ..................................................................................................... 20
2.11 Deferred entry to primary school ............................................................................................. 20
2.12 Early admission ......................................................................................................................... 21
3.0 ARRANGEMENTS FOR SECONDARY SCHOOLS ........................................................................ 21
3.1 Eligibility...................................................................................................................................... 21
3.2 Transfer between primary and secondary schools .................................................................... 21
3.3 Primary-secondary liaison .......................................................................................................... 22
3.4 Induction programmes ............................................................................................................... 22
3.5 Registration procedures ............................................................................................................. 22
3.6 Allocation of Catchment Secondary School Places .................................................................... 22
3.7 Intake numbers ........................................................................................................................... 23
3.8 Issue of school handbooks.......................................................................................................... 23
3.9 Press advertisement ................................................................................................................... 23
3.10 Making a Placing Request for a Non-Catchment Primary or Secondary School ...................... 23
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3.11 What will happen when a placing request is made to Midlothian Council? ............................ 24
3.12 Restriction or limitation of places ............................................................................................ 25
3.13 Other relevant factors that may be taken into account ........................................................... 25
3.14 Refusing a placing request ........................................................................................................ 26
3.15 What happens if the Council refuses a request? ...................................................................... 26
3.16 Primary school placing request ................................................................................................ 27
3.17 Secondary school placing request ............................................................................................ 27
3.18 Placing Requests for Children with Additional Support Needs ................................................ 27
Contact Details ............................................................................................................................. 28
Useful Websites ........................................................................................................................... 28 
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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 to make enquiries regarding alternative school
placement for their children.  A parent may submit a placing request for her/his child in a
school at any stage. 
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 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 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 wishing to have their children
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 parents should complete a
placing request form available on the City of Edinburgh Council website.  Further information
can be found at: https://www.edinburgh.gov.uk/school-places/gaelic-schools-1/1 
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Parents 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 
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 available from the Additional Support
for Learning Officer, 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 S1 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.   
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. 
The maximum size of a P1 class size is 25, a P2 or P3 class is 30 and a P4, P5, P6 and P7
class is 33 pupils. 
1.8 Children living under shared care 
Where parents are separated the address of the parent with whom the child resides for the
majority of their time per week and is in receipt of child benefit for the child, is used to
determine the catchment area.  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
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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 schools 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. 
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.  As part of the consultation process
Pupil Placement will keep applicants informed of the implications for their child and the
options available.  Further information on school consultations can be found at
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
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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 in
Midlothian.  Head Teachers should ensure that copies of the school handbook are available
for any parent requesting one. 
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 appropriate Schools Group 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 should obtain a Placing Request application 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 should be available from the school and 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 
midlothian.gov.uk/placingbooklet. 
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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 the catchment
area. 
Head Teachers should ensure that catchment children are correctly identified; a Council Tax
bill, Child Benefit letter, recent utility bill or driving licence is normally adequate proof.  If the
pupil does not attend a Midlothian Council 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 or carer which is relevant; the address of other family
members or a child minder with whom the child may occasionally reside is not relevant.   
Registration and placing request forms and the facility to upload evidence: 
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 obtained from 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: 
• 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 and/or ease of travel will normally be used.  A sibling attending the nursery class at
the same time will not be taken into account.   
Parents/carers will be advised by letter, sent by the Pupil Placement Team 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 or the family change address before the start of the school year.   
Those who have not been granted a place at their catchment school will have a place
allocated at the Midlothian school nearest to their home with places available. They will be
given the option to make a placing request to another school, if they so wish.  The pupil will
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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 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 change of address has been received by 15 March.  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 statement, utility
bill e.g. gas, electric, landline telephone bill, HMRC child benefit letter or driving licence to
accompany the concluded missives letter following the move. Discretion can be used if the
parent/carer is due to move a week prior to the new term commencing. 
2.10 Phased entry arrangements 
Head Teachers may wish to phase the primary 1 intake over a period.  If this is done, all
children eligible for admission should be admitted by the second week of the new school
session.  However, a parent may require the authority to accept a child from the
commencement date. 
Head Teachers may also choose to limit primary 1 pupils to part day attendance in the early
stages but such arrangements should not extend beyond the second week of the new school
session.  Any request from a parent for a child to be in full time attendance should normally
be granted.  Certain children may require special consideration to be in full time attendance,
for example due to medical or family circumstances.  In such cases, Head Teachers should
consult their appropriate Schools Group Manager regarding arrangements for these
children. 
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. 
From August 2023, all families who are granted a deferral will be able to access a further
year of funded quality Early Learning and Childcare (ELC). 
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 P1 even if an
application for deferred entry is being made. 
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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 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. 
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 Schools Group 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;
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• the Pupil Profile, which is completed by the pupil. 
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. 
3.5 Registration procedures  
All parents/carers of P7 pupil’s 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 and who do not attend a Midlothian
primary school. 
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
and/or ease of travel will normally be used.  
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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 or the family change address before the start of the school year.  Children who
are offered a place at their preferred catchment school will be enrolled automatically. 
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. 
They will also be informed on a regular basis of numbers of any non-catchment requests
which have been received and catchment requests out to other schools. 
Throughout this period, secondary school Head Teachers should discuss with the Pupil
Placement Section any factors that may affect the school’s ability to accommodate the
projected S1 intake. 
3.8 Issue of school handbooks 
Head Teachers must ensure school handbooks are updated by 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. 
3.10 Making a Placing Request for a Non-Catchment Primary or Secondary School 
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 P1 or S1 in August and the parent/carer wants them to attend a non-
catchment school, they may make a request by completing a Placing Request.  The placing
request form is available online at midlothian.gov.uk/placing, alternatively a paper version
of the form is available on Midlothian Council’s website or can be obtained from Pupil
Placement at pupil.placement@midlothian.gov.uk. 
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If the child is at any other stage of their education parents/carers should contact the Head
Teacher of the school of their choice. 
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.   
3.11 What will happen when a placing request is made to Midlothian Council? 
The following information applies if a placing request is made for a child to a Midlothian
Council school.   
The Midlothian closing date for placing requests to start P1 or S1 in August is in the
preceding December. The Council will advise parents and 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 should receive acknowledgement of their application 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. 
Placing requests received after 15 March will be decided within two months of receipt and
parents/carers notified.  However, exceptional circumstances can only be considered when
a placing request is received by 15 March, it will not be considered with a late placing
request.  In most cases, where we receive a late placing request, your child will be placed
on a waiting list below the requests received on time.  It is, therefore, important that placing
requests are submitted by 15 March providing all relevant information and supporting
documents.  Assistance in completing a placing request is available through the pupil
placement team. 
The Placing Request forms for P2 to P7 and S2 to S6 are available to download on
Midlothian Council’s website or from the schools.  These placing requests will be
acknowledged within fourteen days of receipt and a decision made within two months. 
Members of staff should not provide letters of support to parents/carers. 
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3.12 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);    
• children who are resident in the school’s catchment area who will have siblings attending
the school at the same time.  A sibling attending the nursery 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 nursery 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 nursery class will not be taken into account;
• then all other applicants. 
3.13 Other relevant factors that may be taken into account  
Attendance at an associated primary school (for requests in S1) may be taken into account
however it does not guarantee that a request will receive priority or agreement. 
Children have additional support needs if they require something which is extra or different
to what is normally 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
an enhanced transition programmes for children who need a bit 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 can better meet their
needs than their catchment school.
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If there is more than one placing request in any of the categories listed above, the shortest,
recommended walking distance from each child’s home to the nearest school gate is
measured.  Those living closer to the school are placed above those living further away. 
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. 
3.14 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; 
• the child’s education would be affected because the education at the school requested
is unsuitable. 
3.15 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
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Directorate. This is a formal legal process and further information will be sent on receipt of
the appeal. 
3.16 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 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.   
3.17 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 school with places available.  A waiting
list will be formed for the requested school and/or catchment school and, should a place
become available, the parent/carer will be contacted.   
3.18 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. 
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28
Contact Details
Pupil Placement
Midlothian Council
Children, Young People and Partnerships 
Fairfield House    
8 Lothian Road    
Dalkeith    Email: pupil.placement@midlothian.gov.uk 
EH22 3ZG 
Additional Support for Learning Officer
Midlothian Council
Children, Young People and Partnerships
Fairfield House    
8 Lothian Road            
Dalkeith         
EH22 3ZG                                      Email: asn.team@midlothian.gov.uk 
Useful Websites 
Midlothian Council Website: www.midlothian.gov.uk
Parent Zone Scotland:  education.gov.scot/parentzone/
Education Scotland: www.education.gov.scot 
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Midlothian Council
Tuesday 21 March 2023 
SCOTTISH CHILD ABUSE INQUIRY 
Report by: CSWO and Chief Officer Children’s Services, Partnerships &
Communities 
Report for Decision 
1 Recommendations 
Council is requested to 
1. acknowledge the exceptional work undertaken by our independent
social worker and legal team who worked tirelessly to bring together
their findings from the reading of historical files and present our
submission to the Scottish Child Abuse Inquiry
2. note the actions taken by Midlothian Council in response to the
requirements of the Inquiry
3. Agree to work arising from the evidence presented to the Inquiry
and the concluding statements of Lady Smith, the Inquiry chair, in
relation to foster care being taken forward as outlined below
4. receive a further report of any additional action needed to progress
the findings of the foster care phase of the Inquiry when Lady
Smith’s findings are published
5. Agree that a report is prepared for Council providing an update on
the matters above for noting. 
2 Purpose of Report/Executive Summary 
This report advises of 
1. the background to, and remit of, the Scottish Child Abuse Inquiry
2. work in relation to the Inquiry that has been carried out to date by
Midlothian Council
3. the Inquiry’s proceedings, particularly the most recent phase
focusing on local authority foster care
4. findings in relation to the abuse of children in care for whom
Midlothian Council and its predecessor bodies were responsible
5. actions being taken by Midlothian Council to respond effectively to
the concerns and issues raised in the course of the Inquiry’s
proceedings. 
Date:    01 March 2023
Report Contact:  Joan Tranent 
Item 8.9
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3 Background 
3.1 The Scottish Child Abuse Inquiry 
The Inquiry was set up in 2015 at the behest of Scottish Ministers and
is chaired by Lady Smith, a judge of the Supreme Courts of Scotland,
appointed to the Inner House in November 2012. It was intended to
acknowledge and respond to the many people who, as children, had
endured physical, sexual and emotional abuse in care placements. The
Inquiry gave them the opportunity to talk openly about their
experiences and to identify those who had perpetrated abuse upon
them. Survivor experiences, provided as evidence to the Inquiry, was
an instrumental factor in the establishment by the Scottish Government
of a national financial compensation scheme for survivors of abuse in
care, Redress Scotland, in 2021. 
The Inquiry covers the time period 1930 to 2014. It has had several
phases, each focusing on a different type of care setting. It has sought
testimony from abuse survivors, as well as from care providers,
including local authorities. It has previously considered evidence in
respect of establishments run by religious bodies and charities as well
as private boarding schools. The most recent phase related to local
authority foster care. In 2019, all local authorities in Scotland were
requested to submit an extensive report in respect of their involvement
in the provision of foster care during the time in question. The report
required information to be supplied as to the governance, policy,
procedure and practice in relation to foster care as well as any
complaints, allegations or concerning incidents. 
In May 2022 the Inquiry commenced hearing evidence from abuse
survivors. It also received testimony from social workers, foster carers,
chief social work officers, academics and managers of voluntary sector
fostering providers. In general, local authority chief social work officers
were required to appear if the Inquiry chair had specific concerns on
which she wished clarification or supplementary information.
Midlothian’s Chief Social Work Officer was not requested to appear.
The hearings concluded in December 2022, with the last few days
being dedicated to closing submissions on behalf of local authorities.
Midlothian Council’s closing submissions were presented by Scott
Blair, Advocate. Lady’s Smith’s findings on abuse in foster care will be
published as soon as is practicable. 
3.2 Work carried out by Midlothian Council in relation to the Inquiry
In order to respond effectively to the Inquiry’s request for information
extensive background research was undertaken. This required
extensive perusal of archive records of Midlothian Council proceedings,
and those of its predecessor authorities, as well as social work records
of foster carers and of children in foster care over many decades. 
Though some records of predecessor authorities existed, there were
significant periods of time for which the available information was very
limited. Supplementary data was sought from a number of sources
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including some retired senior managers of social work services in
Lothian Regional Council and authors of relevant published academic
literature. 
Midlothian Council was therefore able to respond to the extensive
range of questions posed by the Inquiry and submitted a
comprehensive report on the operation of foster care within Midlothian
over the 84 years covered by the Inquiry. The time available for
completion of the report (required by 30/09/2020), however, precluded
the scrutiny of a substantial number of relevant social work case
records; under 100 were therefore examined in detail. Midlothian
Council holds over 30,000 archived social work records of which
around 8,000 are records of children who were in care or otherwise
received social work support. There are, in addition, over 80,000 social
work records held on the Mosaic electronic database. These of course
do not represent the totality of individuals and families who received a
social work service during this time. Prior to the introduction of a legal
requirement in respect of local authority record retention in 1989, many
closed case records were destroyed. The earliest files relevant to the
Inquiry date from the 1950s, though it is clear from other data that
those that exist could only form a relatively small proportion of the
actual likely total. It was made clear to the Inquiry that responses to
questions relating to incidence, for example, of concerns about
children’s welfare, could only be speculative and based on the small
number of files that had been scrutinised. 
Given the limitations of the sample size for the initial report, it was
decided to continue examination of records of foster carers and
children who had been in foster care in order to gain a more reliable
picture of the operation of foster care over the Inquiry period. No list
existed of such records, thus it was necessary to examine many more
records than were the subject of the Inquiry. Up until 31/03/2022,
therefore, over 2,800 archive social work records were checked. Of
these, 500 referred to children who had been in foster care and 200 to
foster carers. Supplementary reports were provided to the Inquiry that
conveyed any additional relevant information found. 
Close attention was paid to the testimony of survivors during the
hearings and any important points for internal action noted. 
3.3  Findings 
Though the Inquiry sought information on incidence of concerns,
Midlothian Council made clear that it was not possible to assess this
with any degree of accuracy. No figures are available that would give
any definitive idea of how many foster placements were made by
Midlothian Council over the 84 year period covered by the Inquiry. It is
probable that many hundreds, if not thousands, of placements were
made. The report made to the Inquiry indicated that any calculation of
incidence would therefore be entirely speculative. The findings, from
the 500 child records and 200 foster carer files examined, do not,
however, suggest that abuse of children was systemic, sustained or
widespread in foster placements for which Midlothian was responsible. 
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A total of 71 incidents, allegations, concerns or complaints involving a
child in foster care have been identified in respect of 66 children. This
represents approximately 15% of the records sampled. Of course not
all of these could be termed abuse and many were unsubstantiated. All
incidents noted appear to have been investigated according to the
systems in place at the time and appropriate action taken. Some
children were removed from the foster placement concerned and in a
few cases carers were de-registered. There were four cases where
charges were brought against a foster carer by the police – two
involving assault and two sexual misconduct. We are not, however,
aware of any prosecutions resulting in conviction. 
It should, of course, be borne in mind that what was considered
acceptable practice, for example, in relation to physical discipline, has
changed significantly over the years, as have the regulations, guidance
and legislation on which practice is based. It should also be noted that
practice in foster care in Midlothian, and in out of home care generally,
has improved substantially over the Inquiry period. This was made
clear both in the written reports to the Inquiry and highlighted in the
opening and closing submissions by the advocate engaged by the
Council. There are, nonetheless, learning points that have arisen from
the examination of case records, as well as from the conclusions drawn
by the Inquiry chair. 
3.4 Practice implications 
It is indisputable that current practice in placement of children with
foster carers in Midlothian and of Midlothian children in any foster care
placement is thorough and effective. The process of training, assessing
and reviewing carers is robust and the experience of children is on the
whole positive. There are, however, a number of areas where
improvements may be considered. These are drawn both from Lady
Smith’s statements, from observations gleaned from the scrutiny of
children’s and carers’ records and from the closing statements made by
the advocate acting for Midlothian Council. 
Midlothian Council unequivocally welcomed the Inquiry and the
opportunity to engage fully with it. It acknowledged unambiguously the
abuse in foster care that many of the survivors who gave evidence had
experienced and the severe and enduring impact of that abuse.
Despite that, it is important to recognise that, in Midlothian and more
widely, foster care was, for most, a positive experience. 
The advocate representing Midlothian Council conveyed these points in
his closing submission and invited Lady Smith to adopt formally a
number of findings. These are reflected in the practice implications
noted below. 
1. Systemic failure in foster care 
Lady Smith made it clear that she believed the systems in place
through most of the Inquiry period were inadequate both in terms of
protecting and optimising children’s welfare and in the training and
supervision of foster carers.
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Midlothian found no compelling evidence, in respect of the systems
in place in Midlothian Council or its predecessor authorities, of
widespread or sustained failure to protect children adequately while
in their care. Incidents appear to have been documented and
investigated according to the legal and procedural requirements in
place at the time. Of course this does not mean that, at national
level, oversight and management of foster care, and the legislation,
regulation and guidance that directed them, were sufficient to
ensure that children were both adequately protected and their
welfare promoted. 
Practice standards in Midlothian now require a minimum level of
contact with children in care, and that they are frequently and
regularly seen by staff independently of their carers. 
2. Record keeping and access to records 
A number of issues were raised in the course of the Inquiry in
respect of social work records, by the chair, legal representatives
and survivors. These included the difficulties experienced by many
in accessing information about their time in care. Care records were
not legally required to be retained prior to the introduction of
retention legislation in 1989. Many earlier records had therefore
been destroyed. The earliest records found in Midlothian date from
the 1950s, though very few from before 1975 (the inception of
Lothian Regional Council) are still extant. 
Of those records that were accessed, many were uninformative,
confusing or inaccurate. Several survivors described the process of
accessing records as impersonal and bureaucratic. Lady Smith
remarked that the child’s voice seemed largely absent from many of
the records, giving the impression of little meaningful contact
between children and the local authority officers tasked with
overseeing their welfare. Of course it is not possible to know what
could have been recorded but was not, but there is no substantial
body of evidence that indicates that children’s concerns were not
noted nor responded to by Midlothian Council and its predecessors. 
Understanding the sequence of events and the reasons for
decisions also posed challenges. Lady Smith highlighted the
importance of chronologies, setting out important life events clearly,
in facilitating knowledge of the earlier lives of care experienced
people. 
Active review of record keeping processes is under way. A revised
system for dealing with access to care records is being trialled,
providing direct personal contact and support to people requesting
record access. Chronologies are now routinely produced and held
on record for all children in care or subject to child protection
procedures. 
3. Training and supervision of foster carers 
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Repeated references were made in the presentation of evidence
about the (sometimes gross) inadequacy in foster carers’ level of
understanding of the impact of trauma and adversity on children
and the potential consequent effect on their behaviour. Of course
the body of research and experience on these issues is now far
more substantial than would have been the case decades ago.
Some of the foster carers who gave evidence, however, indicated
that they were given little support or training on these matters. 
While Midlothian Council offers an extensive programme of
professional learning to foster carers, not all elements are
mandatory. While understanding trauma does feature in pre-
approval training, post-approval opportunities for further exploration
of this are less well taken up. Lady Smith indicated that, in her view,
there should be a requirement for foster carers to maintain and
update their knowledge of important aspects of children’s
development with a strong focus on the impact of the trauma,
instability and abuse that most children in the care system have
experienced. 
Lady Smith also raised the importance of all members of a family
applying to foster, including children, being fully assessed as to risk
and involvement. This issue was pertinent to an incident that had
occurred in a Midlothian foster family and further detail on this was
requested by the Inquiry. 
Another recurring issue was the use of funds received by foster
carers from the placing authority, and concerns that these funds
were not always used for the benefit of the children for whom they
were intended. It should be borne in mind, however, that until the
1980s foster carers did not receive a fee as such and the allowance
received was intended both for the financial support of the child and
some element of recompense for the carer. There is now a clear
distinction between the two elements and Midlothian Council staff
maintain oversight of foster carers’ expenditure. 
The value of foster care to the vulnerable and traumatised children
who enter the care system is indisputable. Despite the often
harrowing experiences related by survivors, foster care is a safe,
positive and enriching experience for most of the children who use
it. Midlothian’s Family Placement Team endeavours to attain best
practice and effective outcomes and has a wide range of measures
and services in place to support this. The advocate acting for
Midlothian Council emphasised, in his concluding submission, how
important foster care had been in improving the wellbeing and life
chances of children placed and the specific approaches taken by
the Family Placement Team to provide a high quality service. 
4. Separation of families 
Separation of family members from one another was a matter that
arose repeatedly. It was not unusual, particularly in the early part of
the Inquiry period, for families to be placed at great distance from
their place of origin and for siblings to be parted from one another.
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In some cases they had little or no contact with one another
thereafter. Parental contact was also inconsistent, often with little
effort being made to ensure that parents were assisted in
maintaining contact with their children. 
Placements far from home are far less common now. The majority
of Midlothian children are placed with foster carers in Midlothian or
with carers supported by Midlothian Council in neighbouring
authority areas. Family contact is seen as an essential element of
any care placement and is included in all care planning. Where
siblings cannot be placed together, steps are taken to ensure that
relationships are sustained and contact frequent and regular. 
It is regrettable, though sometimes unavoidable, that siblings are
separated when placed in care. Families with whom social work
services are involved are often larger than the average. Few local
foster carers have sufficient physical space to accommodate large
families. It is also unlikely that, even when carers could
accommodate several children, that all placements would be
available simultaneously, particularly in an emergency. The
emotional demands on foster carers of caring for a large number of
traumatised children should also not be underestimated. 
Active campaigns to recruit foster carers who could take larger
families, with financial and support arrangements that would enable
the places to be retained for large sibling groups; housing
assistance from the Council and other local social landlords to
enable foster carers to access larger properties; and intensive
family support at home are all possible solutions which could be
considered. 
5. Outcomes and long-term support 
The testimony of many of the survivors conveyed how profound,
severe and enduring the effects of the abuse they had suffered had
been. Many had experienced poor mental health, difficulties in
sustaining relationships, drug and alcohol dependence and
problems in being effective parents, over many decades. Others
had found the experience of accessing their care records disturbing
and had resulted in resurrecting distressing memories. 
Lady Smith indicated that the public bodies and voluntary
organisations who were responsible for placing children, or who
operated services in which children were placed, should, if
requested, provide support to individuals affected. Midlothian
Council has a dedicated email address to which any requests for
support can be addressed. This is monitored by the Council’s Chief
Social Work Officer and Principal Solicitor who initiate any services
needed.  
6. Data analysis 
Lady Smith expressed concern that insufficient attention was paid to
the collection, analysis and scrutiny of data in relation to the foster
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care experience. In particular she mentioned unplanned endings of
foster placements, the number of moves experienced by individual
children and the incidence of separation of families. She was also
concerned about the long term life outcomes for people who had
been in foster care and the incidence of the kind of problems
described by survivors in the above section. 
Midlothian Council is currently examining how such the production
and usage of such data can be improved. 
7. Relationships 
The quality of relationships and nature of contact between children
in foster care was raised by many survivors. While some described
positive and supportive experiences there were others whose
experiences had been largely negative. Some stated that social
work contact had been cursory and infrequent and that they were
rarely or never given the opportunity to talk independently of the
carer. Some had raised concerns that went unheeded or were
disbelieved. Lady Smith also indicated that it was important that
social workers were able to notice and respond to non-verbal
signals that a child was unhappy or being badly treated in
placement. 
Midlothian Council’s advocate invited Lady Smith to acknowledge
that the demands on social workers and the caseloads carried by
many precluded the desirable level of contact and inhibited their
capacity to form trusted and trusting relationships with children. This
can only be effectively addressed, however, by reducing the
number of cases social workers are routinely carrying. 
Lady Smith also was concerned that insufficient attention was paid
to ensuring that carers and children were appropriately matched.
While this was acknowledged in the Council’s closing submission, it
was also noted that the limited availability of placements, especially
in emergencies, meant that frequently little or no choice was
available. 
Finally Lady Smith noted the value of kinship care in sustaining
family relationships and avoiding children being placed with
strangers. Midlothian Council supports an increasing number of
kinship carers and this is always considered as a positive option for
children who cannot be cared for within their own home. Scrutiny of
archive records does, however, indicate that, while most kinship
care placements are both supportive and sustained, there is a
concerning number that have broken down with children then
having to be placed with foster carers.   
Ensuring that kinship carers are supported with adequate
professional advice as well as financially assisted is therefore
desirable. At present kinship carers are not normally allocated to a
social worker once they have been approved and/or a kinship care
order granted. If the child is ‘looked after’ (under a compulsory order
from a court or children’s hearings, or under a voluntary
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arrangement agreed to by parents), the child will normally have a
social worker allocated. 
It is recommended that the contents of this report are noted, that Midlothian
Council continue to cooperate fully with the Scottish Child Abuse Inquiry and
that actions to respond to the issues raised in the course of the Inquiry are
progressed as set out in the report. 
4 Report Implications (Resource, Digital and Risk) 
4.1 Resource 
At the moment there are no additional resource implications. A budget
for conducting the work Midlothian Council is required to carry out to
comply with the Inquiry’s statutory requests for information was agreed
in 2016. 
4.2 Digital 
It is intended that technological improvements to recording and
communication systems will improve access to information for people
who are, or have been, in the care of Midlothian Council. 
4.3 Risk 
No specific risks are indicated in the content of this report. The
assessment and management of risk of course is an integral
component of good practice in foster care and is a requisite element of
assessment and review of foster carers and of each placement. 
4.4 Ensuring Equalities (if required a separate IIA must be completed) 
This report seeks to build on good practice within Midlothian Council by
improving how children in out of home care and adults who are care
experienced are supported. 
4.4 Additional Report Implications 
There are no additional report implications at present but it is likely that
there will be implications for local authorities when Lady Smith’s final
conclusions are published. 
Appendices 
Appendix A – Additional Report Implications
Appendix B – Background information/Links 
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APPENDIX A – Report Implications 
A.1 Key Priorities within the Single Midlothian Plan 
Getting it Right for Every Child 
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 does not directly impact on Delivering Best Value 
A.5 Involving Communities and Other Stakeholders 
The report does not directly relate to involving communities, though
both foster carers and children within the care system are actively
encouraged to contribute to improvement in practice. 
A.6 Impact on Performance and Outcomes 
The report does not directly impact on Midlothian Council’s
performance and outcomes, though, in line with Lady Smith’s
concluding comments, we will seek to improve monitoring of outcomes
for children in foster care. 
A.7 Adopting a Preventative Approach 
Findings have informed and will inform best practice in relation to
children in the care of Midlothian Council and minimise their need for
social work interventions as they more to adulthood.
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A.8 Supporting Sustainable Development 
Not applicable 
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APPENDIX B 
Background Papers/Resource Links (if applicable) 
Midlothian Council’s submissions to the Scottish Child Abuse Inquiry are
confidential documents and are therefore not available to persons who have
not signed the SCAI’s confidentiality agreement. 
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Midlothian Council
21 March 2023 
Midlothian Council Football Pitch Needs Assessment 
Report by Kevin Anderson, Executive Director - Place 
Report for Information 
1 Recommendations 
It is recommended that Council: 
• Notes the Football Pitch Needs Assessment Report and actions that
are being taken 
2 Purpose of Report 
The purpose of this report is for Council to note the revised football
pitch needs across the county and the corresponding actions that are
being taken by Council Officers. 
Date:    2nd February 2023
Report Contact:  Derek Oliver, Chief Officer - Place
Email:   derek.oliver@midlothian.gov.uk   
Item 8.10
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2 
3 Background 
3.1 With the continuing growth and development across Midlothian, it is 
important to assess the degree to which current outdoor football facility
provision meets current requirements and the extent to which demand 
for football facilities created by the future population growth can be
catered for by existing provision, or whether additional or improved
facilities are required. 
3.2 In 2022, Midlothian Council requested an update of the sports pitch
needs analysis, originally undertaken in 2007 and revised in 2017, but
with a specific focus on football, taking account of new housing
development and the increasing importance of the provision of
synthetic grass pitches for both playing and training. 
3.3 The aim and objective of this study was to update population
projections, pitch usage, demand criteria, and providing
recommendations as to future levels of pitch provision. 
3.4 Developing participation in football, and indeed other sports, provides
many benefits. As sportscotland sets out in its Sport for Life website, it
can support health, improve activity, develop skills, strengthen
communities and help the economy.  Fundamental to this is adequate
provision of facilities. 
3.5 The consultants undertook engagement with football clubs across
Midlothian.  Midlothian Council officers provided booking information for
council pitches, gradings for those pitches, population data and
projections, and information on known planned facilities.  Where
pitches and synthetic turf pitches (STP) existed that were not under the
direct control of the Council the providers were directly contacted to
discuss levels of use and demand. 
3.6 The findings of the assessment is contained within the report and
summarised below: 
Area Findings Council Actions
Bonnyrigg,
Lasswade,
Dalkeith,
Easthouses,
Mayfield,
Newbattle,
and
Newtongrange
Provide two additional 3G Synethetic
Turf pitches (STPs) – one at Kings Park
if practical, one at planned new
secondary school. 
Due to impact of population growth –
need for one additional 3G STP.
Additional demand for grass pitch
provision can be met by existing
facilities. 
Grass pitch improvements – upgrade
drainage on the two pitch areas of the
Mayfield Complex as identified in this
report. 
STP provision identified
within preliminary designs
of new education assets
in Easthouses Primary
School and Mayfield Joint
Campus. 
Work with Dalkeith Thistle
to attain relevant funding,
if desired, to develop
Kings Park. 
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3
Danderhall,
Millerhill &
Shawfair
Due to impact of population growth –
need for 3 x 6-11 grass pitches and 2
additional adult/youth grass pitches. 2
adult pitches and one 6-11 pitch
currently planned for the Shawfair
development. 
Impact of population growth - need for
1.6 3G STP’s. 
Being addressed through
development. 
Brief for Shawfair All
Through Campus will
reflect requirements
arising from report. 
Support current planned
provision for 2 STPs as
part of new Shawfair
development. 
Gorebridge
and Arniston
Provide a 3G STP to meet current
demand – the lack of such a facility to
serve these settlements makes this a
PRIORITY project. 
Recommend improving drainage at
Birkenside Playing Field. 
Due to impact of population growth –
need for one additional 11v11 grass
pitch. 
Consequential rise in team numbers
justifies a further 3G STP. 
Pitches at Birkenside
have been re-instated. 
Work with Arniston
Rangers to develop
business case and
funding applications to
develop Newbyres Park.
Loanhead and
Bilston
Provide a 3G STP to meet current
demand – the lack of such a facility to
serve these settlements makes this a
PRIORITY project. 
Recommend improving drainage on
grass pitches.
Impact of population growth indicates a
need for one additional 11v11 grass
pitch and one additional grass pitch for
6-11 year olds. 
Impact of population growth – need for
a half size 3G STP. 
Pitch drainage works
have been
commissioned. 
Further scoping work
necessary for any
possible STP or
addressed through future
development.
Penicuik and
Auchendinny
Due to impact of population growth –
need for one additional grass pitch for
6-11 year olds. 
Impact of population growth – need for
a half size 3G STP. 
Address through future
development. 
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4
4       Report Implications 
4.1     Resource
New pitches can be incorporated into the design and build of new
Council assets.  Any new 3G STP provision at a primary school should
as a minimum meet the SFA’s size guidance for a 7v7 pitch, to ensure
its potential use by community clubs. 
Existing community facilities can potentially be improved/replaced
through Developer Contributions, where appropriate.
Place Services currently piloting the cost effective use of MUGAs within
the Council school estate to address needs of community football
clubs. 
4.2 Digital 
Information on pitch needs assessment will be displayed on the
Council’s website. 
4.3 Risk
Not implementing the relevant actions will have an adverse effect on
football clubs, especially where there is an increasing population within
the community. 
4.4 Ensuring Equalities 
An Equality Impact Assessment will be necessary on the
implementation of the measures. 
4.5 Additional Report Implications 
See Appendix A 
Appendices 
Appendix B - Football Pitch Needs Assessment 
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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
Extensive public consultation is imperative and has been undertaken
as per the Final Report. 
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
The improvement and enhancement of our environment. 
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Midlothian Council
Football Pitch Needs Assessment 
Final 
Item 8.10
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CONTENTS 
1. INTRODUCTION ........................................................................................ 3
Scope of Study .................................................................................................................... 3
The Need for the Study ....................................................................................................... 3
The Role of Synthetic Turf Pitches ...................................................................................... 4
Methodology ....................................................................................................................... 5
Establishing Current Supply and Demand ....................................................................... 6
Planning Assumptions ......................................................................................................... 6
Future Demand ................................................................................................................... 8
Previous Policies ................................................................................................................... 8
2. FOOTBALL IN MIDLOTHIAN – AN OVERVIEW .......................................... 9
The Structure of the Game ................................................................................................. 9
Clubs and Teams ............................................................................................................... 10
Settlement By Settlement Analysis ................................................................................... 10
3. SETTLEMENT BY SETTLEMENT ANALYSIS .................................................. 10
Bonnyrigg, Lasswade, Dalkeith, Easthouses, Mayfield, Newbattle, and
Newtongrange .................................................................................................................. 10
Danderhall, Millerhill & Shawfair ...................................................................................... 14
Gorebridge and Arniston ................................................................................................. 15
Loanhead and Bilston ....................................................................................................... 17
Pathhead ........................................................................................................................... 19
Penicuik & Auchendinny .................................................................................................. 19
Roslin ................................................................................................................................... 21
Rosewell .............................................................................................................................. 21
4. SUMMARY ............................................................................................... 21
5. RECOMMENDATIONS ............................................................................ 22
Bonnyrigg, Lasswade, Dalkeith, Easthouses, Mayfield, Newbattle, and
Newtongrange .................................................................................................................. 22
Danderhall, Millerhill & Shawfair ...................................................................................... 22
Gorebridge and Arniston ................................................................................................. 23
Loanhead and Bilston ....................................................................................................... 23
Penicuik and Auchendinny .............................................................................................. 23 
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1. INTRODUCTION
Scope of Study
1.1 Torkildsen Barclay was commissioned by Midlothian Council in September
2016 to undertake a review of the 2007 Sports Pitch Needs Assessment with the
aim of updating population projections, pitch usage, and demand criteria,
and providing recommendations as to future levels of pitch provision, in
particular those provided by the local authority. This study was completed in
2017. In 2022 the Council requested an update of this study, specifically for
football, taking account of new housing development and the increasing
importance of the provision of synthetic grass pitches for both playing and
training.
The Need for the Study
Population Growth
1.2 The county of Midlothian covers over 35,000 hectares. According to the
Council’s Profile of Midlothian 2021 the 2020 population was estimated at
93,150, up from the 87,390, identified in the 2017 study. The county
encompasses a range of medium sized and small towns, villages and hamlets.
About two thirds of the county is substantially rural in nature.  There are three
main settlements, Penicuik, Dalkeith and Bonnyrigg, all with populations over
10,000, six smaller urban settlements (3,000 – 8,000 population) and 17 other
settlements.  The county is bordered by Edinburgh to the North, by West and
East Lothian to either side and the Scottish Borders to the south.
1.3 The Council anticipates that: “Between 2018 and 2028, the population of
Midlothian is projected to increase by 13.8% to 103,940 compared to a 1.8%
for Scotland as a whole. Midlothian is projected to have the highest
percentage change in population size out of all the 32 council areas in
Scotland (2018 to 2028)”. 
1.4 It is therefore important to assess the degree to which current outdoor football
facility provision meets current requirements and the extent to which demand
for football facilities created by the future population growth can be catered
for by existing provision, or whether additional or improved facilities are
required.
Strategic Priorities – The Importance of Facilities
1.5 Developing participation in football, and indeed other sports, provides many
benefits. As sportscotland sets out in its Sport for Life website, it can support
health, improve activity, develop skills, strengthen communities and help the
economy. 
1.6 To develop participation, however, requires both an infrastructure of coaches,
volunteers, clubs, community and public support (the “software” of sport),
AND an infrastructure of appropriate facilities (the “hardware”) on and in
which such participation can take place. The Scottish Football Association
(SFA) states on its website that:
“Facilities play a fundamental part in the support and development of our
national game.  As the Scottish FA’s facilities strategy, The Big Pitch, states, it's
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‘where the game is played’ and without these places to play our game would
struggle to grow….The Scottish FA therefore places great importance on the
development of quality football facilities and the impact these have across
the game, whether that be attracting children into the game for the very first
time, right through to players in the professional ranks.” 
1.7 The Scottish FA’s overarching strategy The Power of Football Strategic Plan
2021-2025 has the key vision to “Harness the power of football to inspire the
nation, transform lives and build a united and successful game”. To meet
these aspirations further strategies have been produced, including Accelerate
Our Game Scottish FA Strategy for Girls’ and Women’s Football 2021-2025
produced in conjunction with UEFA and founded on best practice from
women’s football across Europe. Since the FIFA Women’s World Cup in 2019
women’s and girls’ participation has grown by 17% and this growth is
anticipated to continue. Wider participation in the game is also the goal of
the Scottish FA’s Football for All plan, which aims at both tackling equalities
and creating community focussed clubs. Discussions with the Community
Football Clubs in Midlothian (see below) indicates that participation,
particularly in the younger age groups, is continuing to grow, with waiting lists
for some of the age groups. Facilities are therefore an essential element in
meeting current and future need.
The Role of Synthetic Turf Pitches
1.8 Traditionally football has been played on natural grass pitches. However, as
the technology has improved the usage of synthetic turf pitches (STPs) suitable
for football training and playing has increased. As the SFA’s The Big Pitch
states:
“Scottish football requires high capacity, floodlit facilities which can combat
the challenging Scottish climate and satisfy the high demand for facilities for
both training and match activity…The inextricably linked issues of capacity
and demand prevalent across the country, mean that more synthetic pitches
are a high priority simply because they can support continuous play for up to
12 hours every day, 7 days a week. Natural grass pitches, irrespective of
quality or whether floodlit or not, simply cannot support this level of training
and match activity, with 6-8 hours of use per week recognised as the
maximum playing time before a good quality natural grass surface begins to
deteriorate”. 
1.9 It is not intended that STPs replace grass pitches altogether but that a
“sensible” mix of both is used.
1.10 It should be noted that since the development of synthetic turf for sport in the
1960’s there are now several different types of STP and many are sand
dressed, sand filled or water based. Whilst these can sometimes be utilised for
basic football training by the younger age groups they are not suitable for
playing league matches at any level or age group, and are not popular for
training by most clubs. Hence the development of 3G (third generation) STPs
suitable for football. Conversely such a pitch would not be suitable for hockey
or tennis for instance.
1.11 In terms of the cost of STPs the SFA states: ”… well managed STP’s have the
potential to generate sufficient income to meet operating costs, fund any
capital borrowing needed to build them and equally importantly, contribute
to a surface replacement fund…As every new synthetic turf pitch will increase
the overall playing capacity in the area, the demand on natural grass pitches
will decrease. As a result, this will offer councils the option of disposing of their
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poorest quality grass pitches which at the very least cost up to three times as
much to maintain as an STP, or in the very worst cases are almost beyond
cost-effective maintenance”.
1.12 The current and planned supply of STPs in Midlothian will be considered as
part of this strategy update. However, the success of current and future supply
of STPs will depend on how well they are programmed and the demand in the
area. In general it makes economic sense to provide STPs on education sites
where they can be used for educational purposes during the day and
community sports use during the evenings and weekends.
1.13 Lastly, there are no “standards” in Scotland for how many STP’s should be
provided for a given population. Sportscotland does have a Facility Planning
Model which shows theoretical supply and demand for any given area, but
the demand data on which this is based is now very dated and does not
reflect current developments. 
1.14 The FA in England uses a formula to calculate the number of football teams a
third generation artificial grass pitch can service for training. This is based on
peak time access for training and the goal that every team has the
opportunity to train on a 3G STP at least once a week. Having examined the
usage of 3G STPs in Midlothian we have adapted this approach to provide a
model more specific to the area, and this is explained in the supply and
demand section below.
1.15 However, any proposals for new STP’s should be subject to a detailed
feasibility before a final decision on provision is made.
Methodology
1.16 In preparing this study we have referred to the sportscotland guidance
document ‘Guide to the Preparation of Pitch Sport Strategies’. Face to face
consultation was undertaken with a number of the community football clubs,
and all identified clubs in Midlothian – both amateur and professional/semi
professional – were sent questionnaires. All the Scottish FA Charter Mark
Community Football Clubs were met with or responded to the consultation.
The response from other clubs was more variable with a relatively low 35%
response rate. However, including the CFC’s, the responses received
represent 76% of all football teams (as opposed to individual clubs) in
Midlothian.
1.17 The Scottish FA provided both strategy documentation and the number of
registered teams by club and age group, sourced from their own records,
Scottish Women’s Football, and the Scottish Youth FA. Additional data was
sourced from league and club websites. All data relates to the 2021/22
season.
1.18 Sportscotland provided access to their planning advice and their Facility
Planning Model.
1.19 Midlothian Council officers provided booking information for council pitches,
gradings for those pitches, population data and projections, and information
on known planned facilities. Where pitches and STP’s existed that were not
under the direct control of the Council the providers were directly contacted
to discuss levels of use and demand.
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Establishing Current Supply and Demand
1.20 The data collected was used to determine current patterns of play on pitches
and to assess the demand for football pitches by settlement. To do this a
planning model was developed to provide an indication of whether there is
an under or over supply of pitches in any specific area. The model then allows
a review of different scenarios if required e.g. the impact of removal or
addition of pitches, the impact of either growth or reduction in team numbers
etc.
1.21 It must be remembered that the supply and demand assessment is a snapshot
in time. Age group teams can vary from year to year, new teams can come
into being and also fold. Investment in pitch maintenance can reduce
affecting the number of matches that each pitch can accommodate. All of
this can affect the overall picture of supply and demand. However,
accepting these limitations the assessment should give a reasonable overview
of current provision which can then be updated on a regular basis. 
Planning Assumptions
Geographical Distribution of Pitches
1.22 Midlothian covers a wide geographical area although all the key settlements
are located in the northern third of the district.  Travel between settlements
necessitates private car ownership or reliance on public transport links.  Given
that participation in sport is partially affected by access to facilities, the
provision of local pitch facilities is clearly important, particularly for young
people.
1.23 For the purpose of the 2017 study Midlothian was assessed by settlement areas
that are generally used by the Council for planning and educational
purposes. However, a review of the bookings of council pitches shows that
clubs – and in particular the main Community Football Clubs – use facilities
across a number of adjacent settlements. Dalkeith Thistle CFC, for instance,
do not just use facilities in Dalkeith but also in Mayfield, Newbattle and
Newtongrange, whilst Bonnyrigg Rose CFC use facilities not only in Bonnyrigg,
but in Newbattle, and these are just two examples. For the purpose of
assessing supply and demand therefore we have pulled together those
settlements where obvious links exist to gain a more realistic picture of
provision and need.
Qualitative Assessment 
1.24 Along with feedback from the clubs the Council has graded those pitches
owned by the Council on a scale of 1-3, based on the following:
Grade 1
Well drained pitch with a good surface (capable of hosting 4 games a
weekend for adults or 6 junior games over a weekend) 
Grade 2
Good surface. Pitch has limited effective drainage (capable of hosting 3
games a weekend for adults or 4 junior games over a weekend)   
Grade 3
Poor drainage wet or partially wet pitch (capable of hosting 2 adult games or
3 junior games over a weekend).
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1.25 These grades have been used to assess capacity against demand when
looking at grass pitch provision. We refer to the capacity as the number of
Match Equivalent Sessions (MESs) for a pitch. So a Grade 1 pitch has a
capacity of 4 adult MESs. However, capacity is in practice impacted by the
day of peak demand. So whilst a grass pitch could physically accommodate
four matches for instance, this will only be the case if there are teams that wish
to use the pitches on a Saturday and a Sunday. This is often not the case with
the main demand being for Youth matches which are generally played on a
Sunday. So even with staggered kick off times in practice the pitch can only
accommodate two matches. This is explained again later in the report.
Grass Pitch Supply – Matches
1.26 Where adult grass pitches are provided in a settlement area it is assumed that
the adult and youth teams in that area will use these for matches, and this is
supported by a review of pitch bookings. In assessing the number of pitches
required per team it is assumed that each team will have home and away
fixtures, so one pitch with a Grade 3 capacity will be able to meet the needs
of four teams (2xMES with two teams playing at home and two away). There
are additional complications as mentioned above in relation to days of peak
demand and staggering of kick off times. Where a grass pitch is on an
education site its capacity is deemed to be half of its grading to take account
of wear and tear created by use by the school/college itself.
1.27 Where there are 9v9 and 7v7 grass pitches it is assumed that each pitch can
accommodate three matches on a match day.
3G Synthetic Turf Pitches – Matches
1.28 Where a settlement has an STP available for club and community use it is
assumed that, if possible, the child age groups (Under 7s to Under 12’s) will use
these for matches/weekend training, and this should be a target. A full size STP
capable of accommodating an adult game can also accommodate 2 x 9v9,
2 x 7v7, and 4 x 5v5 (although not all these running at the same time). The
Scottish FA in The Big Pitch, its facilities strategy, identifies an 11 a side pitch
being able to be split into three 7v7 pitches for recreational use. For the
purpose of the supply and demand model we have conservatively assumed
each STP can accommodate an average of 2 age group pitches for
matches. Match times vary according to the age group but assuming one
hour slots and a typical 3 hour session, then capacity is for 6 child MESs (2
pitches x 3 hours). No account has been taken of home and away matches
for these age groups and it is assumed they will need access to the pitches
each week. Not all Community Football Clubs have access to an STP,
however, and this is explored later under the specific settlements.
3G Synthetic Turf Pitches – Training
1.29 As highlighted earlier, given the importance of STP’s we are working on the
minimum aim of each team (whether adult, youth or child) having access to
a floodlit STP for training at least once a week. However, it is the target of the
Scottish FA – and indeed some Midlothian clubs -  that teams should train
twice a week and the implication of this option is also explored. In Midlothian
there is very little Friday use of STPs by clubs, being so close to weekend match
days, but the rest of the week is busy. Booking periods are generally from
1800-2100, split into two one and a half hour blocks. On the earlier basis that a
full size STP can be split into two separate training areas then over an evening
4 team/age groups can be accommodated (2 training areas x two sessions),
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or 16 sessions from Monday to Thursday. Once again this will give an indication
of potential over or under supply, although in practice a number of age
groups from the same club may hire the whole pitch, or for some STP’s hires
are split into a third of a pitch each. With regard to this, when looking at the
target of each team training twice a week we have made a pragmatic
assumption that the extra demand will necessitate each STP being divided
into three training areas, rather than two, thereby increasing capacity per day
to 6 sessions (3 training areas x 2 sessions) or 24 sessions from Monday to
Thursday.
Future Demand
1.30 This strategy is not just about current requirements, but must also look to the
future land use needs of Midlothian.  In many ways it is difficult to predict the
level of participation and therefore the possible number of pitches that will be
required for football in the future, as so many factors can play a part, not least
the success or otherwise of the growth in women’s football and other football
development initiatives.  It is not unreasonable to assume that there will be
relative growth in participation as a result of these initiatives, although
measuring this is more difficult.  
1.31 Equally, the population of Midlothian is increasing as a result of planned
residential development. In order to help plan for this the study has calculated
Team Generation Rates (TGR’s) for Midlothian. TGR’s take the population
within the team playing age group divided by the number of teams. This then
provides a locally based standard from which future facility needs generated
as a result of population growth can be calculated. In general a pitch with
pavilion and car parking to the standards set out by sportscotland would be
required for every two to four teams generated by the population growth
(depending on the age groups).
1.32 In determining future population growth Midlothian’s Housing Land Audit 2022
map has been used to calculate the number of households planned or being
built within each settlement. The number of households has been multiplied by
the average household occupancy rate for Midlothian of 3.3 people per
household (based on the Scottish Government Statistics page for 2020) to
arrive at total population growth. The age group profile of this population has
been assessed by using the Midlothian mid year population estimates by
single year of age and sex for 2020.
Previous Policies
1.33 The 2017 report set out a number of recommended policies, which are
repeated here.
Transfer of Pitch/Pavilion Responsibility to Recognised Community Clubs
1.34 The financial pressures on local authorities to provide and maintain grass
pitches and pavilions has been recognised by the Scottish FA.  
1.35 Within Midlothian there are a number of thriving community football clubs with
many teams. One way of helping such clubs develop, whilst relieving financial
pressures on the Council, is to transfer responsibility to those clubs for the
management and maintenance of pitches and pavilion, typically on a long
lease. This allows them to raise external funding for facility development and
to use the facilities according to their specific needs, rather than those
determined by the Council. This is generally a standard model across the UK
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for cricket and rugby clubs and there are also good examples in Midlothian
where this has now occurred, such as Bonnyrigg Rose Community Football
Club. 
1.36 Such transfer of responsibility will be dependent on reaching agreements with
the clubs and ensuring the clubs themselves have the necessary
management and technical skills to take on these responsibilities. The quality
of pitches will also be a consideration, as transfer of poor quality pitches could
simply be transferring liabilities to the club. In some cases pitch areas also
double as public open space and the implications of this would also need to
be considered.
Multi Pitch Sites
1.37 National guidance on playing pitch provision produced by sportscotland
supports the development of multi pitch sites and there are good reasons for
this in terms of economy and sports development.  
1.38 Where practical therefore, future provision should be based on multi pitch
locations rather than single pitch sites. 
Bookings
1.39 It is important to ensure that a strategic approach is taken to the booking and
pricing of pitches, with priority given to those clubs with accepted
development programmes and which are community based.  Pricing for the
pitches should be benchmarked annually with other local authority providers
as a measure of good practice. 
2. FOOTBALL IN MIDLOTHIAN – AN OVERVIEW
The Structure of the Game
2.1 The Scottish FA has a clear development pathway for children starting at
Under 7 years of age through to Under 12’s. This progresses from 4 a side
through to 9 a side (see figure below) before transitioning onto youth football
(Under 13 to Under 18) with 11 a side matches, then onto adult football. 
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Clubs and Teams
2.2 In general it is the Community Football Clubs (CFC’s) who provide
opportunities for children’s and youth football. There are five CFC’s in
Midlothian that have achieved the Scottish FA Charter Mark Standard:
Arniston Rangers CFC, Bonnyrigg Rose CFC, Dalkeith Thistle CFC, Loanhead
Miners CFC and Penicuik Athletic Youth Football Club. There are a further four
identified CFC’s who are not Charter Marked. Whilst the CFC’s may share the
same name as the professional/semi professional adult clubs that are in their
area, and may have links with them, they are generally financially and
management wise separate and independent entities in their own right. As an
indication of the size of these clubs, based on the information provided by the
Scottish FA, the two largest CFC’s (Bonnyrigg Rose and Dalkeith Thistle) have
respectively 30 and 26 registered teams in the 2021-22 season.
2.3 In terms of adult football there are some 10 amateur teams playing in the
Lothian and Edinburgh Amateur Football Association leagues, and seven
professional/semi professional clubs, most playing in the East of Scotland
Football League, with Bonnyrigg Rose having achieved promotion to Scottish
League Two. 
2.4 With regard to women’s and girls’ football there are some 30 registered girls’
age group teams in Midlothian in the 2021-22 season and one adult team.
2.5 Overall there are some 137 teams across all ages and genders within
Midlothian. 
Settlement By Settlement Analysis
2.6 The following section looks at each settlement and sets out the number of
pitches, their use and quality. Overall estimates of over or under supply are
then made, and recommendations based on future growth set out. The
demand model enables changes to the number of teams, pitches and
population profile to be made, so that the impact of future variations can be
estimated.
3. SETTLEMENT BY SETTLEMENT ANALYSIS 
Bonnyrigg, Lasswade, Dalkeith, Easthouses, Mayfield,
Newbattle, and Newtongrange
Current Provision
3.1 As identified in 1.23 above, whilst these are separate settlements they exist in
close proximity to each other, with overlap by clubs in one area using facilities
in another. It therefore makes sense to look at these in the round. Current
provision in these settlements includes:
• KGV Bonnyrigg Park, graded a 1, with 1 x Adult pitch. Bookings for 2021/22
shows use on a Saturday afternoon by Bonnyrigg Rose Athletic FC and
Sunday use by Bonnyrigg Rose Community Football Club.
• Dundas Park – this is a private ground, home to the professional/semi
professional club, Bonnyrigg Rose Athletic FC whose senior team play in
Scottish League 2. They also have an Under 20’s team. 
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• Poltonhall Complex – 2 x Adult size grass pitches graded 1. There are also two
relatively new floodlit 3G STPs equivalent to one and a half full size pitches.
This site is home to Bonnyrigg Rose Community Football Club who run some 30
teams from under 7’s through to under 18’s with some 600 registered players
and 108 coaches. The club manages and maintains the pitches and
refurbished the pavilion which it took responsibility for in 2016. An asset
transfer from the Council to the club for the site is currently underway which
will require the club to permit other organisatons, such as the neighbouring
Lasswade Rugby Club, to use the 3G pitch.  The club is an excellent example
of a community club, not only providing for football but running social
inclusion initiatives covering a range of target groups.
• Lasswade High School – 1 x Adult pitch graded 1. Also a full size floodlit STP
hockey pitch (not 3G) and one full size floodlit 3G football pitch. Regular
weekend use of the grass pitch is by Bonnyrigg Rose CFC. Weekend use of
the hockey STP is by the hockey club but during the week use is shared by
the hockey club, Bonnyrigg Rose CFC and Loanhead Miners CFC Under 19’s.
The floodlit 3G STP is booked Saturday morning by the Hibs Community
Foundation and Sunday morning by Bonnyrigg Rose CFC. Weekday bookings
are extensive with high levels of use by Bonnyrigg Rose CFC, and Bonnyrigg
Rose Athletic FC with one booking a week for half the pitch by Lasswade
Thistle CFC and Whitehill Welfare FC respectively.
• Cowden Park – 2 x 7’s pitches rated a Grade 2 and 2 x Adult pitches rated a
Grade 1. There is also a small STP approximately 35m x 35m. The site is
exclusively used by Dalkeith Thistle CFC and the pavilion is leased to the club.
Dalkeith Thistle CFC is a Chartered Mark community club with some 25
registered teams at youth and child level (the club itself identifies 28) with
membership having increased significantly over the past few years. The club
states that the pitches on this site are in “decent” condition but get heavily
used and the club has had to invest its own funds to enhance the
maintenance provided by the Council. The club also uses pitches in Mayfield
and Newtongrange. 
• Kings Park – this is the site of Dalkeith Thistle’s professional/semi professional
club with adult pitch and spectator provision for 2000 people. The club has a
40 year lease of the ground from the Council and works closely with Dalkeith
Thistle CFC.
• Waterfall Park – this was a grass area only approximately the size of a 9’s
pitch used for training. Feedback from Dalkeith Thistle CFC, confirmed by the
Council, is that the site is still used for occasional training.  
• Dalkeith Community Campus – the site has 4 x adult grass pitches managed
by the education PPP provider BAM, one of which is floodlit and all of which
are grade 1. There is also a full size floodlit 3G STP. Discussion with the PPP
provider indicates that the main user of the 3G pitch is Dalkeith Thistle CFC,
with Lasswade Thistle FC the next highest user. The 3G pitch is fully booked
from 1700-2100 Monday to Friday. Weekend use is much more sporadic with
broadly one match booking each week. The grass pitches themselves are
not heavily used by the club and community, although the schools on the
campus will use them. Dalkeith Thistle CFC also train indoors in the games hall
on this site.
• Mayfield Complex – the complex has 2 x adult pitches graded 1 and a
further adult pitch, which is leased to Easthouses Lily CFC, graded 2. There is
also a 9 aside pitch and 7 a side pitch graded 2. Drainage for both needs
upgrading. The site is also home to Easthouses Lily Miners professional/semi
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professional club with its own pitch and a ground capacity of 600. The pitch
here also needs drainage improvements. Easthouses CFC had one youth and
five child registered teams and use a number of teams pitches on the site.
Pitches are also used by Dalkeith Thistle CFC and Easthouses Amateur FC. 
• Newbattle High School – Newbattle High School is directly adjacent to the
Mayfield Complex and has one grass 11 a side pitch (no rating provided but
as a new pitch it is assumed to be graded 1), and a full size floodlit 3G STP.
The 11 a side pitch is used on a Saturday morning by the school, Saturday
afternoon and Sunday afternoon by Dalkeith Thistle CFC, and Sunday
morning by  Bonnyrigg Rose CFC. The 3G pitch is used extensively during
weekday evenings by a wide range of clubs and on Saturday by the school
in the morning, Lasswade Thistle CFC in the afternoon and Bonnyrigg Rose
and St. Bernards  on Sunday morning.
• Abbeylands – located in Newtongrange, Abbeylands has one adult pitch
graded 1 and a 9v9 and 7v7 pitch. No grade was provided but it is assumed
these are similarly graded. The pitches are dedicated solely for use by
Dalkeith Thistle CFC. 
• New Victoria Park – this is home to the semi professional/professional club
Newtongrange Star, with a floodlit adult pitch. The club also owns and hires
out a 7 aside floodlit STP.  
Expressed Issues
3.2 The position here is complex due to the size of the areas covered and the
number of clubs. However, as a result of the crossover of use of facilities by
different clubs across different settlements, taking the wider view provides the
best way of assessing the overall picture.
3.3 Firstly, let us consider the feedback from the main community clubs in this
area, starting with Bonnyrigg Rose CFC. The club’s view is that pitch provision
for matches is not an issue, but that adequate access for training is a problem.
This is based on the aim that each team can train twice a week. The club’s
aspiration is that a further 3G STP is provided on one of the grass pitches to
resolve this, particularly as the club has a waiting list for girls’ teams and
certain age groups. 
3.4 With regard to Dalkeith Thistle CFC, as with Bonnyrigg Rose CFC, the club’s
training and playing is spread across a wide range of sites, including the
indoor Saltire Soccer Centre in Mayfield which has six 3G pitches of either 5 or
7 a side. This is a commercial operation and used by a wide range of casual
users as well as the club, which identifies the pitches as being of good quality
but increasingly expensive to hire. In general the club is dissatisfied with its
access to pitches for playing and training as it states it needs more space,
particularly in the winter months with greater access to 3G STP facilities. The
club’s aspiration, as referred to earlier, to provide a 3G pitch at Kings Park,
would resolve this issue.
3.5 Dalkeith Thistle senior club are generally happy with their facilities, using their
own ground for training during the summer and Dalkeith community campus
during the winter. The club has strong links with the CFC and is seeking to
convert their grass pitch into a 3G so it can be used over the whole week for
playing and training.
3.6 The professional/semi professional club, Easthouses Lily Miners, with its ground
in the Mayfield Complex, is generally happy with its facilities for playing and
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training and uses the 3G pitch at Newbattle High School for the latter. The
club has no formal ties with the CFC.
3.7 It is also necessary to take account of imported and exported demand.
Although based in Rosewell the professional/semi professional club, Whitehill
Welfare, uses Lasswade High School 3G and the Newbattle School 3G pitch
for midweek training. The club states that its Under 20’s team has to train in
Edinburgh because it cannot get access to 3G training facilities in Midlothian.
Other imported demand includes Loanhead U19’s who have to use the
Hockey STP, whose surface is not suitable for football training or playing. 
Evaluation
3.8 The limitations and assumptions of the supply and demand model must be
taken into account here, but it provides a degree of empirical evaluation on
which to assess provision. Looking at grass pitch provision across the
settlements there is an adult/youth MES surplus of 29. Assuming most
adult/youth pitches have a capacity of 4 MES, this equates to seven pitches.
However, this figure masks the fact that the majority of pitch use is by youth,
not adult, teams. According to the South East Region Youth Football
Association nearly all youth league matches (with the exception of U17’s and
U18’s) are played on a Sunday. There are very few Saturday adult teams
(apart from the professional/semi professional clubs) playing in this area, so
whilst a pitch may have a 4 MES capacity, in practice it could only
accommodate two full matches on each weekend day, and if the main
match day is a Sunday then spare capacity on a Saturday is irrelevant. The
oversupply figure is therefore misleading in this instance.  We therefore look at
under/over supply on the peak day of use as the main indicator. In this case
there is an oversupply of 12 MES, or three pitches. The model also assumes one
team will be playing at home whilst another plays away, which will not always
be the case, so some flexibility in availability is required. The majority of grass
pitches in these settlements are managed (in terms of allocation of teams) by
the main CFC’s who will also allocate some 11 a side pitches for use by
younger age groups. 
3.9 The main recurrent theme is in relation to access to 3G STP’s for midweek
training. The area is well supplied with STP’s, yet if we assume each team
(adult, youth and child) should be able to use a 3G pitch once a week for
training, then there is effectively no extra capacity. If we assume – as is the
case, and as recommended by the SFA - that some teams will wish to train
more than once a week, then that capacity disappears. Even if we allocate
three areas of each STP for training, rather than two, we end up with a deficit
of 35 sessions, equivalent to 1.5 STP’s based on a training capacity of 24
sessions a week. The supply side of the equation also includes the Lasswade
High School hockey STP whose surface is not suitable for football and is
avoided by most clubs.
3.10 Looking at the aspiration to play all U12 and below matches on a 3G STP, it
should in practice be possible for matches but is dependent on the
coordinated and strategic allocation of pitches.
Future Population Growth
3.11 The population growth in the above settlements as a result of housing
development, as set out in Midlothian’s 2022 draft Housing Land Audit,
equates to just over 8,600 people. As a stand alone calculation, based on the
assumptions set out in 1.30-1.32 above, this would lead to the need for 2 grass
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pitches to meet the needs of 6-11 year olds, and 2 grass 11 v 11 pitches
(assuming each pitch can accommodate two games on a match day and
there is an equal split of teams playing home and away). However, if there is
already a surplus of grass pitch provision we should not automatically look for
additional pitches to be provided but seek developer contributions to
improve existing pitches and ancillary accommodation. In this instance
existing grass pitch provision should be able to meet the needs of future
population growth.
3.12 With regards to STP provision for training, 13 teams will be generated by
population growth, equating to the need for 26 weekday training sessions
(assuming each team trains twice a week). This is equivalent to just over one
full size STP based on a midweek training capacity of 24 sessions. Since there is
already an identified deficit in STP provision this would be an additional
requirement.
Conclusions
3.13 Adult/youth 11 a side grass pitch supply (and to a lesser extent the small
number of smaller side grass pitches) is adequate to meet current demand
with some spare capacity to account for pitch rotation and inclement
weather, both now and in the future. Drainage improvements are required on
the Easthouses Lily Miners ground and the two child pitches on the Mayfield
Complex.
3.14 The main issue is the need for further 3G STP facilities to meet midweek
demand for training. Whilst we support in principle Bonnyrigg Rose CFC’s
aspiration for a further 3G STP, priority must firstly sit with other clubs who do
not have the superb facilities enjoyed by Bonnyrigg Rose, who nonetheless
clearly need what they already have, and will need more if they continue to
grow. Priority, however, should be given to seeking how to help Dalkeith Thistle
CFC achieve the proposed STP at Kings Park. In addition it is understood that a
new STP is being proposed for a new school in Mayfield. This should be a 3G
pitch and floodlit. If both these facilities are provided, and strategically
booked to ensure equitable access by clubs requiring these facilities, then the
identified current and future deficit of 2.5 full size STP’s will largely be met. 
Danderhall, Millerhill & Shawfair
3.15 Danderhall and Millerhill are two small settlements located at the Northern tip
of Midlothian and north of the Edinburgh City By-pass. Shawfair is a new
settlement that has/will introduce an additional population and facilities. 
Current Provision
3.16 Current provision includes:
• Danderhall Park – 1 x Adult pitch graded 2. It has space for a second adult
pitch which can be set up if required (also graded 2). The pitch is booked by
Danderhall Miners Amateur Football Club on a Saturday afternoon. The club
has one adult team.
Future Population Growth
3.17 The population growth in the above settlements as a result of housing
development, as set out in Midlothian’s 2022 draft Housing Land Audit,
equates to just over 12,400 people. As a stand alone calculation, based on
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the assumptions set out in 1.30-1.32 above, this would lead to the need for 3
grass pitches to meet the needs of 6-11 year olds, and 3 grass 11 v 11 pitches
(assuming each pitch can accommodate two games on a match day and
there is an equal split of teams playing home and away). 
3.18 As discussed earlier account does need to be taken of existing provision, and
there is a surplus equivalent to one adult grass pitch currently, so future need
will be for 3 6-11 pitches and 2 adult/youth pitches.
3.19 Overall the population growth will generate some 19 new teams. On the same
assumptions as discussed earlier (each team training twice a week and pitch
divided into three training areas) this will lead to the need for 38 midweek
training sessions, equivalent to 1.6 STP’s. 
Evaluation
3.20 Current pitch provision is more than adequate to meet current demand for
matches.
3.21 As part of the future Shawfair development a new secondary school will be
provided. At the time of writing, in terms of football, this will have two adult size
grass pitches and a smaller pitch. Two STPs are also proposed although
whether these are floodlit, 3G or sand filled/sand dressed is not yet decided.
At lest one would need  to be a floodlit 3G pitch to meet future team training
requirements and also meet the need for 6-11year old team match day
facilities, without providing additional grass pitches. Given its location the STP
is as likely to attract teams from the Edinburgh area and East Lothian as well
as Midlothian.  Council policy is that teams within Midlothian have priority
booking and there is a 50% surcharge on pitch hire for non Midlothian teams.
Gorebridge and Arniston
3.22 Located to the south-eastern part of the urban section of Midlothian
Gorebridge and Arniston merge into each other to create a residential area
popular with commuters. There is a professional/semi professional club with its
own ground and facilities for community football are provided at the two
local parks. 
Current Provision
3.23 Current provision is set out below and includes:
• Gore Glen Park – 3 x Adult size pitches graded 2 and 2 x 9’s pitches also
graded 2. One of the adult pitches is also marked up for a 9v9. The site is
home to Arniston Rangers CFC who lease the adjacent pavilion. The club
had five registered youth teams and 10 registered child teams in the 2021/22
season. The club is continuing to grow with some 300 players (compared to
around 80 10 years ago) and states that it will have seven youth teams and
12 child teams in the 2022/23 season. The club also has 5 a side,4 a side and
pre school children as part of its academy. The club has started working
together with the senior side - Arniston Rangers Football Club - looking
towards building a pathway for both boys and girls from 2/3 year olds
through to adult football. The CFC has helped the senior club set up an under
20s for next season as well as a Ladies team with the aim of playing
competitively in early 2023
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• Arniston Park – Arniston Rangers CFC has 2 x floodlit 5/6 a side STP pitches at
Arniston Park used for training by the younger age groups.
• Newbyres Park – this is home to Arniston Rangers senior side with an adult
grass pitch and spectator accommodation.
• Birkenside Park – recently reinstated for use by Arniston Rangers CFC the site
has 3 x 7 a side pitches, although drainage needs improving.
Expressed Issues
3.24 The CFC sees fitting games each weekend into the available pitches as a
challenge. In terms of training the club uses the small STP they have and also
uses the grass pitches at Goreglen with portable floodlights. The club has
access to a third of the Newbattle School 3G for an hour and a half twice a
week. 
3.25 At the time of consultation the club pointed out that Birkenside Park, close to
Gore Glen, was no longer used. Since the decision to remove pitches here
demand at the club has increased substantially. The club states:
“If we could use that area to house 4 x 7 aside pitches as a club we would
happily work with the council to pay for grass cutting and lining. We could use
our portable, low level floodlights to train there in the winter months as well.
That would then leave scope to put 2 fixed 9 aside pitches at Goreglen and
free up again the 3rd 11 aside pitch.” 
Since this statement the Council has re-instated the site for use. 
Evaluation
3.26 Looking at the supply and demand analysis for the 11 a side pitches used by
the youth teams, as identified in an earlier discussion whilst a pitch may be
graded with the capacity to accommodate three matches over a week, the
peak day capacity is reduced in practice to two matches, provided kick off
times are staggered. If we adjust the model to take this into account AND
factor in the use of one 11 a side pitch for 9v9 matches, then the club’s
statement that fitting weekend games onto the pitches is a challenge is
supported, even with Birkenside Park re-instated.  This may become a further
issue when the number of teams increases in the 2022/23 season. 
3.27 There is no STP available for training in this settlement and if the target of each
team training once a week on half a pitch was met then the need would be
for three quarters of a full size STP. With the target of two training sessions a
week on a third of a pitch then a full size floodlit STP is justified.
Future Population Growth
3.28 The population growth in the above settlements as a result of housing
development, as set out in Midlothian’s 2022 draft Housing Land Audit,
equates to just under 5,900 people. As a stand alone calculation, based on
the assumptions set out in 1.30-1.32 above, this would lead to the need for 1
grass pitch to meet the needs of 6-11 year olds, and 1.3 grass 11 v 11 pitches
(assuming each pitch can accommodate two games on a match day and
there is an equal split of teams playing home and away), so in practice 2
grass 11v11 pitches. Current provision shows a potential surplus equivalent to
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just one adult/youth grass pitch, so a minimum of one additional grass pitch
would be required.
3.29 With regard to STP’s the population growth would generate 10 new teams or
the demand for 20 weekday training sessions – just under the equivalent of
one full size STP.
Conclusions
3.30 The club’s proposed solution to meeting its current challenges by bringing
Birkenside Park back into use is a sensible one, and one which has now been
implemented, although the drainage on this site needs to be improved.
3.31 Provision of a full size floodlit 3G STP can be justified based on the size of the
club and all teams using the facility for training, with weekend U12 and below
matches being played on the pitch. Grass pitch provision for the younger age
groups would not then be required, although this would need to be reviewed
at the time if the club continues to grow substantially. To maximise use and
sustainability of a new 3G pitch it should be located on an education site
where it could be used throughout the day, or at Newbyres Park subject to
the involvement of the senior club. Population growth points to the need for a
further STP. It is understood that a new high school with an STP is being mooted
to serve the area, but has yet to receive approval.
Loanhead and Bilston
3.32 Loanhead is located on the North-western side of Midlothian and close to the
Edinburgh City By-pass. There are currently facilities for football available at
four local parks. Bilston is a small settlement to the Southwest of Loanhead.
Current Provision
3.33 Current provision includes:
• Memorial Park – 1 x Adult pitch. Graded 2. The pitch has had work
undertaken on it during the summer (2022) to improve the drainage, the
success of which will be monitored as the season progresses. The pitch is used
by Loanhead Miners CFC. Loanhead Miners CFC use a range of pitches in
Loanhead (see below). The club had six youth and nine child teams
registered in the 2021/22 season with around 300 members. 
• KGV Park – 1 x 7v7 and 1 x 9v9. Both graded 2. The pitch is used by Loanhead
Miners CFC.
• Westend Park –1 x Adult pitch. Pitch score 3 with poor drainage. The pitch is
used by Loanhead Miners CFC and Loanhead Miners AFC.
• Burghlee Park – 2 x 7’s pitches. Graded 2. Base for Loanhead Miners’ 4’s, 5’s
and 7’s. The pitch is used by Loanhead Miners CFC. 
• Bilston  - Adult size pitch provided at the primary school. No grading provided
but as a relatively new pitch assume a 1. Pitch used by Pentland Athletic
AFC.
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Expressed Issues
3.34 Loanhead Miners CFC has identified that programming the 11 a side pitches
on a Sunday can be a problem. Midweek training is also an issue with teams
split across a range of venues with a number having to train in the Edinburgh
area. Whilst Burghlee Park has training lights they are not of a high standard
and training on grass during the winter months is problematic when inclement
weather sets in.
Evaluation
3.35 The supply and demand analysis shows a small surplus of adult/youth MES
across the settlements, but this disappears if more than half of the youth
teams have to play at home, adjustments are made to account for capacity
on peak day of use, and the factoring in of supply that also includes the
Bilston pitch which is not currently used by the CFC and is already booked on
a Sunday morning by Pentland Athletic AFC.
3.36 Access to good local training facilities is also a key issue with teams having to
travel outside the area, and in some cases outside of the county, for midweek
training. Based on the number of teams if the target of each team training
once a week on half a pitch was met then the need would be for eighty per
cent of a full size STP. With the target of two training sessions a week on a third
of a pitch then a full size floodlit STP is justified.
Future Population Growth
3.37 The population growth in the above settlements as a result of housing
development, as set out in Midlothian’s 2022 draft Housing Land Audit,
equates to just over 3,700 people. As a stand alone calculation, based on the
assumptions set out in 1.30-1.32 above, this would lead to the need for 1 grass
pitch to meet the needs of 6-11 year olds, and 1 grass 11 v 11 pitch (assuming
each pitch can accommodate two games on a match day and there is an
equal split of teams playing home and away). The current provision would be
inadequate to contribute to this additional need.
3.38 In terms of the impact of population growth on new STP provision for training a
total of 6 teams or 12 training sessions would be generated, equivalent to half
a pitch.
Conclusions
3.39 Based on the number of teams in Loanhead and Bilston provision of a full size
floodlit 3G STP can be justified with all teams using the facility for training and
with weekend U12 and below matches being played on the pitch. To
maximise use and sustainability of a new 3G pitch it should ideally be located
on an education site where it could be used throughout the day, although
other sites could be considered.
3.40 There are drainage issues with most of the grass pitches in Loanhead and
provision should be made to remedy these where practical.
3.41 Future population growth will lead to the need for an additional child and an
additional 11v11 grass pitch, and half a full size STP.
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Pathhead
3.42 Pathhead is located to the East of Midlothian, close to the border with East
Lothian. It is a small settlement, although the area encompasses additional
settlements. 
Current Provision
3.43 Current provision includes:
• Callender Park – an adult size pitch graded 3. Also a smaller grass area that
can be used for training. Hired out to Pathead AFC on a Saturday afternoon
and Thornybank AFC on a Sunday afternoon during the 2021/22 season,
although it is believed the latter club has ceased operation.
Evaluation
3.44 The pitch is more than adequate to meet current demand with capacity to
accommodate further clubs should new demand arise. Given its distance
from other main settlements in Midlothian it is unlikely to be useful in meeting
unfulfilled demand elsewhere but should be retained whilst demand for its use
exists locally.
Penicuik & Auchendinny
3.45 Penicuik is one of the largest settlements in Midlothian situated to the south-
west of the urban areas and adjacent to the Pentland Hills. 
Current Provision
3.46 Current provision includes:
• Penicuik High School (Bog Road) – 2 x 7’s and 2 x Adult pitches. Graded 2. As
well as school use these pitches are booked at weekends by Penicuik
Athletic Youth Football Club (a CFC) along with a range of other facilities in
the settlement (see below). The 7v7 pitches have extensive use weekday
evenings during the season. The club has around 400 players, with six youth
and seven child registered teams, although the club puts this number as
currently higher with 10 youth and 13 child teams. The number of players has
been increasing over the past five years and the club anticipates that this will
continue.
• Carlops Road – 9v9 pitch. Not graded. Used by Penicuik Athletic YFC on a
Sunday morning.
• Penicuik Public Park – this is home to the professional/semi professional club
Penicuik Athletic FC which has an “extended let” on the ground. It has a full
size floodlit grass pitch and has a spectator capacity of around 1,250. The
club has a senior team and an Under 20’s side. Both teams train on the 3G
STP at Penicuik Park (see below).
• Penicuik Park – 3G full size floodlit STP. The pitch is booked solidly from
Monday to Thursday by the Youth Football Club, the senior club and Peebles
Rovers. Weekend use appears to be limited to a Sunday morning booking by
the Youth Football Club.
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• Beeslack High School – 2 x Adult pitches, 2 x 7v7 pitches. A 3G STP floodlit 11
a side pitch was added in 2016. Bookings for this facility are not under the
Council’s Sport and Leisure control. However, discussions with the school
indicate that the 3G pitch is booked to capacity on Monday to Friday
evenings and also used Saturday and Sunday mornings. It is understood that
Penicuik Athletic YFC have “first refusal” on bookings. Other users include
Loanhead Miners CFC, Pentland Athletic AFC and Penicuik Athletic FC. 
• Glencorse Community Centre - run by a community association this site has
an adult grass pitch and 5 a side floodlit STP (sand based) that was built in
2014, together with indoor changing. In 2017 the centre was looking for users
to hire the 11 aside pitch. That position has now changed with an average of
two pitch bookings per weekend and sometimes three. The pitch drainage is
an issue, so three matches would be the ideal maximum. The pitch is used by
various clubs with varying frequency, including Penicuik AFC who use it as
their home ground, Penicuik Athletic YFC’s girls’ U16’s, and Pentland Athletic.
Expressed Issues
3.47 Penicuik Athletic Youth Football club state that they struggle to
accommodate every team with the facilities they have access to. They state
that they lose access to the 11 a side pitches at both Penicuik and Beeslack
school sites during the summer as they are marked out by the Council for
running tracks and field athletics.
Evaluation
3.48 The supply and demand analysis shows a small surplus of MES’s on grass
pitches for both adult/youth and child matches, broadly equivalent to a pitch
each for both. This is premised on the registered number of teams shown for
Penicuik Athletic YFC last season. If the club’s latest stated team numbers are
used then this puts child provision into deficit. Either way, current provision is
just adequate to meet demand.
3.49 With regard to access to 3G STP’s for training the area has two facilities, and
theoretically, with the objective of every team having access to such a facility
twice a week there is a small surplus of provision. In practice there is also
imported demand from outside the settlement area which means these
pitches are fully booked.  
Future Population Growth
3.50 The population growth in the above settlements as a result of housing
development, as set out in Midlothian’s 2022 draft Housing Land Audit,
equates to just over 4,100 people. As a stand alone calculation, based on the
assumptions set out in 1.30-1.32 above, this would lead to the need for 1 grass
pitch to meet the needs of 6-11 year olds, and 1 grass 11 v 11 pitch (assuming
each pitch can accommodate two games on a match day and there is an
equal split of teams playing home and away). According to the supply and
demand equation there is currently a surplus of one adult grass pitch which
could meet this deficit, but no surplus of a pitch to meet the needs of 6-11
year olds, so an additional pitch would be required.
3.51 In terms of the impact of population growth on new STP provision for training a
total of 6 teams or 12 training sessions would be generated, equivalent to half
a pitch. 
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Conclusions
3.52 There is little grass pitch spare capacity for matches, supporting the Penicuik
Athletic YFC assertion that programming matches can be difficult. Peak
match use for the younger age groups is Sunday morning, which is also when
both 3G STP’s are in use, so capacity to absorb additional demand is limited. It
is difficult to justify further 3G provision here as there is a small current surplus
capacity (but this is based on dividing the STP into three) which becomes a
minor deficit with team growth as a result of future population growth,
although if new 3G pitches were provided in other settlements where no such
provision currently exists, then this would free up space for training where
imported demand would relocate back to their own settlements. The previous
strategy suggested there should be a coordinated approach between the
two 3G pitch providers to allocating 3G space and this recommendation
remains in place. 
Roslin
3.53 A small settlement, Roslin is located between Penicuik and Loanhead on the
western side of Midlothian. There is no provision currently here and no obvious
demand. 
Rosewell
3.54 Rosewell is another small individual settlement that lies to the southeast of
Roslin. There is currently provision for Whitehill Welfare FC who have their own
ground at Ferguson Park. Issues raised by the club are discussed in 3.7 above.
4. SUMMARY 
4.1 Consultation with the community football clubs within Midlothian shows that
participation at under 18 level and below is continuing to grow. This will be
further impacted by the growth in popularity of women’s and girls’ football
and the participation initiatives being introduced by the Scottish FA. There are
some 51 youth and 63 child teams in the county, which is an increase since
the 2017 study. However, the number of adult teams has marginally declined
since 2017.
4.2 Grass pitch provision for matches is currently adequate, although some of the
CFC’s struggle at times to programme all their teams on a match day. After
the 2017 study a number of grass pitch sites ceased to be used for football.
There is no rationale for further closures.
4.3 However, the main recurring  issue relates to access to and provision of 3G
STP’s for midweek training. All Midlothian 3G STP’s are booked solidly
throughout the week during the season and clubs are having to use facilities
outside of their immediate area in order to meet their requirements. Some of
the FA Chartermark Community Football Clubs, specifically Loanhead Miners
CFC and Arniston Rangers CFC, have little to no access to 3G STP’s for training
and some teams are having to travel outside of Midlothian to train.
4.4 The importance of 3G STP’s for the future of football has been highlighted in
the introduction to this study, together with the benefits they bring, and there
is a clear justification for ensuring each settlement and key CFC within
Midlothian has access to one for training and indeed match play where
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appropriate. Options for making provision in both Loanhead and Arniston
should be a priority of this strategy.
4.5 There are a number of caveats to this. The first is that whilst the Council can
act as a facilitator and coordinator for new 3G pitches, it does not mean it
has to be the funder. Funding should be a partnership between a wide range
of bodies, including the clubs, to make such provision happen. Following on
from this any proposed new 3G pitch should first be subject to a more
detailed feasibility as to its viability, looking at capital funding, ongoing
revenue costs, levels of usage and income, and any savings on grass pitch
provision that can be made by transferring usage to the 3G pitch. Where
possible new 3G provision should be provided on an education site so that
maximum benefit from the investment can be achieved. With regard to this
some smaller STP’s have been provided on primary school sites and could be
used for some training/matches for the younger age groups. However, often
the size of these pitches is not suitable for such use, being smaller than the
basic SFA requirement for a 7 a side pitch which should be the minimum
standard i.e. 36m by 55m minimum, 55m by 65m maximum with a run off area
required if surrounded by a fence.
4.6 Midlothian is home to some excellent football clubs whose work with, and
contribution to, their local community is both commendable and an example
for other clubs outside of the county to aspire to. Having the correct facilities is
just one part of providing these benefits, but nonetheless the essential base
from which those benefits can be delivered. 
5. RECOMMENDATIONS
5.1 The following is a summary of the facility recommendations for each
settlement area. The context for these recommendations needs to be
understood by reading the more detailed evaluations in this report. A degree
of pragmatism is also required in relation to new facilities needed as a result of
population growth, particularly the provision of new 3G STP’s. Priority needs to
be given to current deficits, particularly in Gorebridge and Arniston and
Loanhead and Bilston, and the impact of making such provision on future
demand can then be more accurately assessed.  If a settlement is not
mentioned below then there is no required action
Bonnyrigg, Lasswade, Dalkeith, Easthouses, Mayfield,
Newbattle, and Newtongrange
• Provide two additional 3G STP’s – one at Kings Park if practical, one at
planned new secondary school.
• Impact of population growth – need for one additional 3G STP. Additional
demand for grass pitch provision can be met by existing facilities.
• Grass pitch improvements – upgrade drainage on the two pitch areas of the
Mayfield Complex as identified in this report.
Danderhall, Millerhill & Shawfair
• Impact of population growth – need for 3 x 6-11 grass pitches and 2
additional adult/youth grass pitches. 2 adult pitches and one 6-11 pitch
currently planned for the Shawfair development.
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23
Midlothian
Football 
Pitch  Needs
Assessment 
• Impact of population growth  - need for 1.6 3G STP’s – support current
planned provision for 2 STP’s as part of new Shawfair development.
Gorebridge and Arniston
• Provide a 3G STP to meet current demand – the lack of such a facility to
serve these settlements makes this a PRIORITY project.
• Improve drainage at Birkenside Playing Field.
• Impact of population growth – need for one additional 11v11 grass pitch.
• Impact of population growth – growth in team numbers justifies a further 3G
STP.
Loanhead and Bilston
• Provide a 3G STP to meet current demand – the lack of such a facility to
serve these settlements makes this a PRIORITY project.
• Improve drainage on grass pitches.
• Impact of population growth – need for one additional 11v11 grass pitch and
one additional 6-11 year old grass pitch.
• Impact of population growth – need for a half size 3G STP.
Penicuik and Auchendinny
• Impact of population growth – need for one additional 6-11 year old grass
pitch.
• Impact of population growth – need for a half size 3G STP.
Primary Schools
• Any new 3G STP provision at a primary school should as a minimum meet the
SFA’s size guidance for a 7v7 pitch, to ensure its potential use by community
clubs.
STP Surface Replacement
• As well as considering new STP provision, finance will need to be set aside or
budgeted for in order to replace each STP surface as and when it becomes
worn. This will typically be required every eight to ten years after installation
depending on levels of use and quality of maintenance. A schedule for such
replacement should be established to inform the Council or other relevant
organisations’ capital programmes, and ideally an annual sinking fund set up
for new STP facilities to cover future replacement. 
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Midlothian Council
21 March 2023 
Gladhouse Reservoir - Clearway Order 
Report by Kevin Anderson, Executive Director - Place 
Report for Information 
1 Recommendation 
It is recommended that Council: 
i) Notes the outcomes of the Clearway Order implemented from
11th April 2022 to 2nd October 2022; 
ii) Notes that a Clearway Order will be implemented from 3rd April
2023 to 1st October 2023 and will be published in early course. 
2 Purpose of Report 
The purpose of this report is to provide Council with feedback from
partners on the Clearway Order implemented from April to October
2022, as an operational matter, and advise that a Clearway Order will
be implemented from 3rd April to 1st October 2023. 
Date:    2nd March 2023
Report Contact:  Derek Oliver, Chief Officer - Place
Email:   derek.oliver@midlothian.gov.uk   
Item 8.11
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3 Background 
3.1 Gladhouse Reservoir is a Scottish Water site and has become
increasingly popular with visitors over recent years.  At peak times,
such as bank holidays, summer holidays, etc. well over 100 cars have
been recorded at one time at the reservoir. With no parking facilities,
visitors have parked cars on the verge of a narrow minor road. This
has, and could continue to impact on emergency service access to the
site. 
3.2 The result of car parking on the verge, in addition to general damage to
the verge and fencing, is that there are impacts for emergency vehicles
gaining access or even passing through the road. The priority concern
is gaining immediate access during an emergency. 
3.3 With no appropriate or suitable passing places, vehicles travelling in
opposite directions has resulted in consequential frustrations and
cumbersome reversing which is dangerous to road users and
pedestrians. 
3.4 There has been regular damage from littering and fires and the local
community calling on Scottish Water and the Council to take action to
help manage the impacts on the sensitive site. 
3.5 Visitors have been parking on the grass verge and often erect large
campsites, with general anti-social behaviour, including ‘wild toileting’
being reported. 
3.6 The introduction of the temporary parking restrictions last year
significantly improved this situation by way of:
* Less danger on the road
* Less damage to verge and fencing
* Less antisocial behaviour
3.7 Despite these improvements, there remains problems with fires and
litter.  Scottish Water has a plan in place to manage this. 
3.8 Scottish Water have a live planning application with Midlothian Council
for the creation of a car park at Gladhouse Reservoir. It is envisaged
that a car park will provide a safe location for cars and improve
experience for visitors and locals.
3.9 Scottish Water has funded a countryside ranger, employed by
Midlothian Council, that is dedicated to the Gladhouse reservoir site, to
monitor and challenge, where necessary, visitor behaviours onsite. 
3.10 Police and Fire Service colleagues are supportive of the clearway but
do note consequential impacts, i.e. the displacement of cars from the
immediate locale could have an adverse impact on pedestrian safety
on tributary roads; and the resource requirements to manage/police the
clearway.
3.11 The creation and implementation of the car park has been, and
remains to be, the aim of Scottish Water, which will mitigate against
these impacts, together with consideration of imposition of speed
restrictions.  
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3
3.12 Whilst the clearway remains in place during peak periods, access to
the reservoir for the emergency services will be unhindered.  
4     Report Implications 
4.1 Resource
There are no Council resource implications, with Scottish Water
providing resource for a sessional ranger post dedicated to the site. 
Additional signage will be put in place to encourage speed reduction
and considerate parking in immediate surrounding roads only to
address identified resultant risks. 
4.2 Digital 
None. 
4.3 Risk
Failure to address public safety risks can expose the Council to
reputational and financial risk. 
4.4 Ensuring Equalities 
The subject of this report does not have a significant impact on
equalities. 
5 Additional Report Implications
Appendix A 
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4 
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
Not applicable 
A.5 Involving Communities and Other Stakeholders
Stakeholder group have been involved in the process.
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
The improvement and enhancement of our environment. 
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Midlothian Council
21 March 2023 
Roads Operations 
Report by Kevin Anderson, Executive Director - Place 
Report for Decision 
1 Recommendations 
It is recommended that Council:
i. Notes the process and scope of designating embargoed road
works on traffic sensitive roads;
ii. Notes the recent investment in resources, including apprentices,
to improve the efficiency and effectiveness of the Roads
Operations team;
iii. Approves the Pothole Repair Policy, making fullest use of the
new Pothole Pro equipment; 
iv. Notes the progress to date of the capital funded Residential
Streets Resurfacing programme.   
2 Purpose of Report/Executive Summary 
This report provides an update to roads maintenance policy. It seeks
approval to embargo roadworks on certain designated traffic sensitive
routes at times of expected high traffic volume, including holiday
periods, such as Christmas. 
The report lays out Council policy to repair road defects, including
potholes, using newly acquired state of the art equipment such as
Pothole Pro to best effect. 
The report details the residential streets that have been resurfaced so
far as part of a capital investment programme, previously approved at
Council, to improve user safety and visual amenity of local areas which
has received positive resident feedback.       
Date:    01 March 2023
Report Contact:  Derek Oliver, Chief Officer – Place
Report Author: Robbie Beattie Senior Manager Neighbourhood Services
Email:  robbie.beattie@midlothian.gov.uk 
Item 8.12
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3 Background 
3.1 Traffic Sensitive Roadworks:  Midlothian Council does not authorise
road works by utility companies which operate under their own
government licences. As long as there are no co-ordination issues and
they have legally registered their works in the Scottish Road Works
Register, the company can proceed unhindered with its works.
However, a Roads Authority can restrict the timing of works under
section 115 of the New Roads and Street Works Act 1991. This gives
Road Services the ability in the guise of an embargo to restrict the
timing of works at certain times and / or on certain dates. 
3.2 The Council currently uses powers delegated to the Executive Director
- Place to control road works over the Christmas period around
shopping areas and traffic sensitive routes. Powers are also used for
certain large events such as concerts. The road work restriction is for
designated streets only and does not apply to all of the Council area.
Appendix B1 provides a list of current designated streets which is
reviewed annually. 
3.3 Pothole Repairs: Potholes on roads, pavements and paths regularly
feature in the top ten of issues that the public would like local
authorities to address. Potholes are usually isolated failures in a
bituminous surfaced road, footway or cycleway that have an abrupt
difference in level and may impact the safety of the user. 
3.4 Failure mechanisms that result in a pothole are typically described as
‘top down’ or ‘bottom up’ failures. A top down failure is essentially a
localised fault that develops into fretting of the surface and becomes
progressive over time. A bottom up failure results from a fault at depth,
usually involving the presence of water, which causes cracking and
leads to a block of material breaking away. 
3.5 Potholes can develop over short periods of time, particularly during
periods of inclement weather such as prolonged wet conditions or
winter freezing and thawing. Depending on the size, depth and location
of the pothole there may be a greater or lesser risk to the general
public. The safety risk is assessed by engineers using an algorithm
who then prioritise repairs. 
3.6 The Roads Operations team has recently been the subject of a
structural reorganisation to improve its efficiency and effectiveness. As
part of the process, four road worker apprentices have been recruited
which invests in our young people and supports our communities.
Recruitment of a further two apprentices is planned for late summer
2023. 
3.7 To replace outdated road maintenance equipment. there has been a
significant capital investment of £780,000 in modern equipment. The
equipment includes a road planer to remove the surface of roads,
specialist rollers, road tar hot box and mobile welfare facilities for staff.
The purchase of a JBC Pothole Pro (PHP) has been strongly supported
by elected members and community councils. The PHP will play a key
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3
part in recovering our road and path network following the damage over
winter. 
3.8 Residential Streets Resurfacing: Council approved a £5m accelerated
capital investment over two years to resurface residential streets
including pavements, as necessary. The purpose was to repair worn
out and broken surfaces in unclassified roads to improve road and
pavement safety and the visual amenity of the local areas. 
Main Report
Traffic Sensitive Roadworks Embargo
3.9 Section 115 of the New Roads and Street Works Act 1991 permits
Midlothian Council as a Road Authority to restrict the timing of road
works under an embargo. Council policy is that typically road work
embargos in Midlothian are over the Christmas and New Year period
from last Friday in November to 2rd January inclusive or for one-off
large events such as Let’s Rock Scotland which was planned a few
years ago. 
3.10 The embargo, which in the Scottish Road Works Register (SRWR) is
designated a type of event, must be in place three months prior to the
start date otherwise the embargo becomes advisory and the Council
has to rely on the road works undertakers’ voluntary compliance. The
Council usually lodge notice with SRWR in the January/February
period to give as much notice as possible. 
3.11 The policy outcome of embargo in Midlothian is to ensure that there is
as little disruption as possible to traffic flow during the festive period
when there is usually more traffic and a higher use of public transport.
It is also to safeguard the businesses in the area so that access and
footfall is not restricted by road works in town centres or at retail parks.
3.12 The list of roads affected by the most recent embargo are listed at
Appendix B1. The Council follows the processes and procedures
designated by the Office of the Scottish Road Works Commissioner
including the advice note on embargoes available at this internet link.
Procedure for Embargoes on Road Works | Scottish Road Works
Commissioner
3.13 It is important to note the road works embargo typically only covers the
main traffic sensitive routes and shopping areas and not the whole of
Midlothian. The embargo only covers planned road works not urgent or
emergency works.
3.14 Some planned works are authorised by the Council during the embargo
period on roads included on the embargo notice if the undertaker can
provide exceptional reasons for the works to take place.
3.15 Outwith the Christmas period, some roads are also designated ‘traffic
sensitive’ at certain times of the day such as morning and evening rush
hours.
3.16 Members are requested to note the process and scope of designating
embargoed works on traffic sensitive roads and approve the continued
delegation of powers to the Executive Director - Place to take the
necessary measures to implement the policy. 
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Pothole Repairs Policy and Procedures
3.17 The purpose of the Pothole Repair Policy is to demonstrate that the
Council has taken such steps as to operate within the non-statutory
framework of “Well-Managed Highway Infrastructure: A Code of
Practice”. Link to Code of Practice  Code of Practice | CIHT
3.18 Potholes on roads, pavements and paths regularly feature in the top
ten of issues that the public would like local authorities to address.
Potholes can develop over short periods of time, particularly during
periods of inclement weather such as prolonged wet conditions or
winter freezing and thawing. There is no nationally agreed definition for
a pothole. But it is generally accepted that a definition of a pothole
includes the depth, lateral measurements and area. 
3.19 The Council defines a pothole as either a) having a depth of 40mm or
greater and extending in any one direction more than 250mm or b) a
rapid change of profile of more than 25mm and extending in any one
direction more than 600mm’ in the footway or cycleway. 
3.20 Photograph 3.20A shows an example of typical pothole in carriageway
which is approximately 250mm diameter with an abrupt difference in
level of 40mm depth. Photograph 3.20B shows areas of carriageway
exhibiting fretting and surface erosion which are not defined as
potholes since they exceed 600mm in length. 
Photo 3.20A     Photo 3.20B   
3.21 In common with other local authorities when assessing defects Council
roads engineers assess the safety risk from a pothole using a Risk
Based Approach (RBA) algorithm as guided by the Road Safety
Inspection Manual (RSIM). The team then prioritise repairs based on
categorisation of the defect. 
Risk Matrix
Probability (Risk)
Very low
(1)
Low
(2)
Medium
(3)
High
(4)
Impact
(Hazard)
Little or negligible (1) 1 2 3 4
Minor or low (2) 2 4 6 8
Noticeable (3) 3 6 9 12
Major, high or serious (4) 4 8 12 16
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3.22 Using the value from the risk matrix the road or path defect is then
categorised according to the following definition.
Risk values and categories 
Risk Value 12+ 8-11 5-7 1-4
Defect Category Category 1 Category 2 Category 3 Category 4
3.23 The following table describes the various defect categories and the
proposed response times. Repairing category 1 defects is very
challenging within a 24 hour response time which means the repair is
likely to only be temporary in nature. If the repair fails soon after repair
due to volume of traffic this leads to negative customer feedback. 
Defect
Category Description Target Response Time
Category 1
Major defects that could result in
serious damage and pose an
immediate risk to users.
Make safe or temporary repair:
within 24 hours
Category 2
Significant defects that represent a
hazard and require attention before
likely degradation.
Make safe or temporary repair:
within 5 working days
Category 3
Defect that are less serious and
are unlikely to present danger /
hazard to users
Temporary repair: 
within 28 days
Category 4 Minor defects that are considered
not to be a danger/hazard 
No action.  Review on next
routine safety inspection
3.24 The table below provides a guideline treatment matrix. This will vary
dependant on staff, plant and material availabilities. For example during
the festive close down we are unable to obtain hot materials from
quarries for two weeks. 
Defect
Category Initial response Secondary response 
Category 1
• Defect temporary repaired with
hot material or cold material.
• If above unachievable signing
and guarding of defect. 
• Defect added to patching
schedule for permanent repair
either by Pothole Pro or
surfacing squad dependant on
magnitude of works required on
road 
Category 2
• Defect temporary repaired with
hot material or cold material.
or
• Repair by Pothole Pro if
available.
• Defect added to patching
schedule for permanent repair
either by Pothole Pro or
surfacing squad dependant on
magnitude of works required on
road
Category 3
• Defect added to patching
schedule for permanent repair
either by Pothole Pro or surfacing
squad dependant on magnitude
of works required.
• N/A
Category 4 • Defects monitored by council
road network inspectors. • N/A
3.25 The operational systems that manage and track the defect reporting
and treatment workflow have been reviewed and require significant
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upgrade. The legacy software is an in-house server based solution
rather than more modern Cloud based solution which limits its use for
inspectors out in the field to accurately record locations of defects. The
current system is text based to describe a defect location so as a
consequence inspectors often have to revisit site to identify the defect
to operational teams. A new software solution has been identified
which uses tablet handhelds on site and allows inclusion of
photographs and GPS co-ordinates to provide operational teams with
an easily identifiable location saving considerable time. This is subject
to the technical design assessment for implementation. 
Residential Streets Resurfacing Programme
3.26 Council approved £5m accelerated capital funding (£2.5m each year
for two years) to resurface residential streets including pavements as
necessary. The purpose was to repair worn out and broken surfaces to
improve road and pavement safety and the visual amenity of the areas.
3.27 With a team restructure, the programme commenced in October 2021
and is now more than 90% complete. The remainder of the budget is
anticipated to be spent by summer 2023 and within the stipulated 24
month period. An additional capital budget of £2.5m has been
approved by Council and allocated for the next 5 financial years.   
3.28 A list of streets and the areas resurfaced to date, currently in progress
and the programme for 2023-24 (subject to impacts of any extenuating
circumstances) is provided at Appendix B2. 
3.29 Feedback on the project from residents has been excellent.     
4 Report Implications (Resource, Digital and Risk) 
4.1 Resource
Traffic sensitive road works embargoes are part of the routine workload
and will be contained within existing service budget. 
Annually, £2m of capital is set aside for road maintenance and a further
£0.5m of capital is set aside for pavements and footpaths. The pothole
policy will work within current service budgets for the next 10 months.
Its operational success will be reviewed at that time to determine if a
request via a further report to Council should be made for injection of
additional capital. 
As part of introduction of a wider Neighbourhood Services cloud based
asset management and scheduling software tool, subject to the
technical design assessment for implementation, it is estimated the
contribution required to introduce the pothole repair elements would be
approximately £20k for implementation and £10k for annual licence
subscription. This would be contained within current service budgets as
the legacy software solution is terminated.   
The capital budget for Residential Streets Resurfacing programme on
current performance rate is likely to conclude in summer 2023, with
additional capital resource of £2.5m allocated for the next five financial
years.
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7 
4.2 Digital 
Introduction of a Neighbourhood Services cloud based asset
management and scheduling software tool, subject to the technical
design assessment for implementation, would allow the pothole repair
elements to be introduced which would significantly improve the
efficiency and effectiveness of the team.     
4.3 Risk
Not implementing road work embargoes on traffic sensitive streets
such as town centres and retail parks around Christmas risks loss of
trade for local businesses if consumers choose to go to other areas
with less congestion.
Failure to detect and repair road defects such as potholes risks
significant injury to road and path users and subsequent insurance
claims against the Council at significant financial cost   
4.4 Ensuring Equalities (if required a separate IIA must be completed) 
The subject of this report does not have a significant impact on
equality. 
4.4 Additional Report Implications 
Appendices 
Appendix A – Additional Report Implications
Appendix B – Background information/Links 
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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 project will deliver Best Value. 
A.5 Involving Communities and Other Stakeholders
MTRAP, Community Councils and stakeholder groups have been
briefed and involved in the process.
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
The improvement and enhancement of our environment. 
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APPENDIX B 
Appendix B1 – Designated Streets 
Town / Locality Road
Traffic
Sensitive
BILSTON MOORFOOT VIEW Yes
BONNYRIGG BIG BRAE No
BONNYRIGG CAMPVIEW ROAD Yes
BONNYRIGG DOBBIE'S ROAD Yes
BONNYRIGG DUNDAS STREET Yes
BONNYRIGG ESKBANK ROAD Yes
BONNYRIGG HILLHEAD Yes
BONNYRIGG PARK ROAD Yes
BONNYRIGG POLTON STREET Yes
BONNYRIGG HIGH STREET Yes
BONNYRIGG LOTHIAN STREET Yes
DALKEITH ESKDAILL COURT No
DALKEITH JARNAC COURT No
DALKEITH KOMAROM COURT No
DALKEITH WHITE HART STREET No
DALKEITH BUCCLEUCH STREET Yes
DALKEITH EDINBURGH ROAD Yes
DALKEITH ESKBANK ROAD Yes
DALKEITH ESKDAILL STREET Yes
DALKEITH HIGH STREET Yes
DALKEITH LAUDER ROAD Yes
DALKEITH LOTHIAN ROAD Yes
DALKEITH LOTHIAN STREET Yes
DALKEITH NORTH WYND Yes
DALKEITH OLD EDINBURGH ROAD Yes
DALKEITH SOUTH STREET Yes
DALKEITH
A7 FROM SHERIFFHALL ROUNDABOUT TO
MURDERDEAN ROAD Yes
DALKEITH BRIDGEND Yes
DALKEITH LONDON ROAD Yes
DALKEITH NEWMILLS ROAD Yes
DALKEITH OLD DALKEITH ROAD Yes
DANDERHALL MILLERHILL ROAD No
DANDERHALL U64 - CAULDCOATES ROAD No
DANDERHALL NEWTON CHURCH ROAD Yes
DANDERHALL THE WISP Yes
DANDERHALL OLD DALKEITH ROAD Yes
ESKBANK LASSWADE ROAD Yes
ESKBANK MELVILLE ROAD Yes
GOREBRIDGE MAIN STREET No
GOREBRIDGE A7 FROM B6372 AT HARVIESTON TOLL TO U52 Yes
GOREBRIDGE A7 FROM WHITEHOUSE ROAD TO KIRKHILL TERRACE Yes
GOREBRIDGE HUNTERFIELD ROAD Yes
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GOREBRIDGE KIRKHILL TERRACE Yes
GOREBRIDGE STATION ROAD No
GOREBRIDGE
A7 FROM B7007 INNERLEITHEN ROAD TO SCOTTISH
BORDERS BOUNDARY Yes
GOREBRIDGE
A7 FROM B704 AT NEWTONLOAN TOLL TO
WHITEHOUSE ROAD Yes
GOREBRIDGE A7 FROM C50 TO B7007 INNERLEITHEN ROAD Yes
GOREBRIDGE
A7 FROM KIRKHILL TERRACE TO B6372 AT
HARVIESTON TOLL Yes
LASSWADE ELM ROW Yes
LASSWADE HIGH STREET Yes
LASSWADE LASSWADE ROAD Yes
LOANHEAD COSTKEA WAY No
LOANHEAD STRAITON PARK No
LOANHEAD
A768 FROM HIGH STREET LASSWADE TO
WADINGBURN ROAD Yes
LOANHEAD CLERK STREET Yes
LOANHEAD FOUNTAIN PLACE Yes
LOANHEAD HAWTHORN GARDENS Yes
LOANHEAD HERD TERRACE Yes
LOANHEAD HIGH STREET Yes
LOANHEAD LASSWADE ROAD Yes
LOANHEAD LAWRIE TERRACE Yes
LOANHEAD LINDEN PLACE Yes
LOANHEAD MAYBURN TERRACE Yes
LOANHEAD A701 FROM B7006 TO C36 PENTLAND ROAD Yes
LOANHEAD LOANHEAD ROAD Yes
LOANHEAD NIVENSKNOWE ROAD Yes
LOANHEAD STRAITON ROAD Yes
LOANHEAD THE LOAN Yes
MAYFIELD MAYFIELD PLACE No
MILLERHILL WHITEHILL ROAD No
NEWTONGRANGE A7 FROM MURDERDEAN ROAD TO STOBHILL ROAD Yes
NEWTONGRANGE BRYANS ROAD Yes
NEWTONGRANGE DALHOUSIE ROAD Yes
NEWTONGRANGE MAIN STREET Yes
NEWTONGRANGE MURDERDEAN ROAD Yes
NEWTONLOAN
A7 FROM STOBHILL ROAD TO B704 AT NEWTONLOAN
TOLL Yes
NORTH
MIDDLETON A7 FROM BORTHWICK CASTLE ROAD TO C50 Yes
NORTH
MIDDLETON
A7 FROM C52 OLD CARLISLE ROAD TO BORTHWICK
CASLTE ROAD Yes
OLD PENTLAND PENTLAND ROAD Yes
PENICUIK IMRIE PLACE No
PENICUIK CARLOPS ROAD Yes
PENICUIK HIGH STREET Yes
PENICUIK PEEBLES ROAD Yes
PENICUIK ST KENTIGERN WAY Yes
PENICUIK WEST STREET Yes
PENICUIK A701 FROM MILTON BRIDGE TO MOORFOOT VIEW Yes
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PENICUIK BRIDGE STREET Yes
PENICUIK EDINBURGH ROAD Yes
PENICUIK JOHN STREET Yes
PENICUIK MILTON BRIDGE Yes
ROSEWELL CARNETHIE STREET No
ROSLIN MAIN STREET No
ROSLIN PENICUIK ROAD Yes
WADINGBURN WADINGBURN ROAD Yes 
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Appendix B2 – Residential Streets Programme 2021-2024 
Residential Streets Scheme Re-surfacing Programme 
Settlement Street name
Area Road
resurfaced
(m2)
Area Footway
resurfaced
(m2)
Completed
Works   
Dalkeith Gibraltar Terrace 690 
Gibraltar Court 667 
Shadepark Crescent 886 
Shadepark Drive 1932 97 
Gibraltar Gardens 1210 39 
Allan Terrace 1260 
Total areas(m²) 6645 136        
Bonnyrigg Hazel Drive  1061 400 
Cherry Road  1296 165 
Almond Crescent 2223 546 
Holy Terrace  573 127 
Rowen Gardens 620 363 
Willow Avenue 810 249 
Lime Place 311 0 
Beech Loan 518 234 
Chestnut Grove  495 203 
Poplar Terrace 318 794 
Campview car park 1717 27 
Campview Road 148 0     
Total areas(m²) 10089 3108    
Mayfield   
Buckie Road 1613 
Andrew Dodds back lane 1857 
Andrew Dodds Avenue 1330 23 
Myrtle Grove 274 
Ash Grove 242 
Holly Bank 906 
Elm place 661 
Total areas(m²) 6883 23            
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Roslin   
Springfield Place 1557 0 
Wallace Crescent 261 0 
Manse Road 2146 637 
Pentland View Road 329 86 
Pentland View Crescent 318 51 
Rosabelle Road 2204 565 
Marmion Avenue 821 15 
Station Road 7741 18     
Total areas(m²) 15377 1372    
Penicuik   
Craigiebield Crescent 2911 33 
Broomhill Road 240 0 
Broomhill Avenue  1438 6 
St James Gardens 240 5 
Cairnbank Gardens 1438 15 
St James View 2815 1 
Cairnbank Road 429 0 
St Mungo's View 766 145 
Salamanca Crescent 1636 
Blenheim Court 502 
Ramillies Court 585 
Inkerman Court 574 11 
Namur Road 2304 
Corunna Terrace 743 
Arras Grove 467 
Grieve Court 439 
Fletcher Grove 857 
Muirhead Place 1848 
MacCormack Terrace 987 
Ewing Street 1058 
Total areas(m²) 22277 217    
Gorebridge   
Juner Place 824 
Barleyknowe Crescent 3079 43 
Barleyknowe Lane 3227 31 
Jubilee Crescent 1600 2 
Barleyknowe Gardens 1596 3 
Barleyknowe Place 759 
Barleyknowe Street 1595 14 
Barleyknowe Terrace 1653 81 
Newbyres Avenue 1214 
Hillside Crescent South 2051 5 
Braeside Road South 1778 43 
Vogrie Place 496 
Arnprior Road 806 289
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Vogrie Crescent South 1389 
Hunter Square 1019 
Total areas(m²) 23086 512    
Project to
date
Total areas complete
(m2) 84357 5368    
Current Operations      
Bilston   
Park Avenue 1193 1139 
Myrtle Crescent 400 
Stanley Avenue 100 624 
Burnbank Terrace  73 
Brookfield Terrace 166 151 
Eskgrove Drive 1017 
Meadow Place 1145 442 
Castlelaw Crescent   
Allermuir Avenue      
Loanhead   
MavisBank 2855 
Traprain Terrace 1003 180    
Programmed works 2023-2024      
Easthouses   
Roanhead Road   
Carrick Crescent   
Newton Street   
Lothian Drive   
Parkhead place   
Maryburn Road      
Dalkeith   
Elmfield Park   
Elmfield Road   
Gibraltar Road   
Gibraltar Gardens   
Shadepark Gardens      
Gorebridge   
Birkenside   
Glen View Place   
Glen View Walk   
Roseberry Crescent      
Mayfield   
Ramsay Crescent   
John Humble Street  
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Newtongrange   
Gardiner Place   
Beechwood Park   
Bryans Avenue   
Mansfield Avenue   
Mansfield Place   
Lady Road Place   
Reed Drive      
Bonnyrigg   
Waverly Terrace   
Waverly Crescent   
Waverly Road   
Waverly Park   
Waverly Drive   
Mayfield Place   
Dundas Park   
Pentland Road   
Dalhousie Place   
Dalhousie Avenue West      
Roslin   
Moat View   
Charlton Grove   
Knowetop Place   
Lockhart Terrace   
Nobel Place      
Penicuik   
Mauricewood Avenue   
Mauricewood Rise   
Mauricewood Grove   
Mauricewood Bank   
Mauricewood Park   
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Midlothian Council
21 March 2023 
Midlothian Orbital - Case for Change & Preliminary Options Appraisal 
Report by Kevin Anderson, Executive Director - Place 
Report for Information 
1 Recommendations 
It is recommended that Council notes the executive summary report  
detailing the outcomes from the Case for Change and Preliminary  
Options Appraisal stages of the Scottish Transport Appraisal Guidance  
(STAG) process. 
2 Purpose of Report 
The purpose of this report is to provide Council with an update on the
Midlothian Orbital Bus STAG process by way of an executive summary
on the Case for Change and Preliminary Options Appraisal stages. 
Date:    2nd February 2023
Report Contact:  Derek Oliver, Chief Officer - Place
Email:   derek.oliver@midlothian.gov.uk   
Item 8.13
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3 Background 
3.1 The Bus Partnership Fund (BPF) complements the powers in the
Transport (Scotland) Act 2019, enabling local transport authorities, in
partnership with bus operators, to work together to develop and deliver
ambitious bus priority schemes to tackle the negative impacts of
congestion on bus services. 
3.2 The Fund is guided by the evidence on how bus services will be
improved by addressing congestion but it will also leverage other bus
service improvements to make bus travel more attractive and, in turn,
will help tackle the climate emergency, reduce private car use and
support modal shift.  The BPF is managed by Transport Scotland. 
3.3 The BPF is a capital fund to develop and implement bus priority
infrastructure.  This initial award has been made to support the
Midlothian Bus Alliance (MBA) through funding resources required to
conduct appraisals and business cases.  Appraisals are developed
under the Scottish Transport Appraisal Guidance (STAG), forming a
significant part of the Outline Business Case (OBC) for bus priority
infrastructure developments.  STAG represents best practice guidance
for transport appraisals and is required whenever Scottish Government
funding, support or approval is needed to change the transport system. 
3.4 The MBA, led by Midlothian Council, formed in 2021 and made a
successful bid to the Bus Partnership Fund (BPF).  The successful
element of the bid was to develop four key routes within the Midlothian
area.  The project was awarded £302,000. 
3.5 The opportunities identified within the bus network in Midlothian
included:
• potential to improve east-west connectivity by public transport and
encourage development of new bus services
• opportunity to increase public transport accessibility through
improved punctuality and reliability of bus services in Midlothian
• contribute to National Transport Strategy objectives
• greater partnership working between bus operators and local
authorities to the benefit of bus passengers and residents in
Midlothian 
3.6 Public and stakeholder engagement forms a vital part of the STAG
process.  An initial stakeholder engagement period to inform the
validation and identification of problems, opportunities and options and
build early awareness of the study was undertaken in the summer of
2022 and continues.  Further engagement at later stages of the study
programme will focus on obtaining public and stakeholder feedback on
the proposed bus priority improvements identified through the study. 
3.7 The findings will then feed into the production of reports in line with the
STAG process, expected to be completed by spring 2023. 
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4 Executive Summary 
4.1 The study area encompasses the four key bus corridors in Midlothian: 
• Corridor 1: A6094 Whitecraig to A6094 Eskbank 
• Corridor 2: B6392 Eskbank to A772 Gilmerton Junction 
• Corridor 3: A7 Gorebridge to A7 Danderhall 
• Corridor 4: A6094 Eskbank to A701 Straiton
4.2 The corridors traverse many of Midlothian’s largest settlements,
including Loanhead, Lasswade, Bonnyrigg, Eskbank, Dalkeith,
Newtongrange and Gorebridge. The routes operate through a number
of key junctions, including Eskbank Road Roundabout, Sheriffhall
Roundabout, Eskbank Toll and Gilmerton Road Roundabout. 
4.3 STAG states that location-specific problems or opportunities should be
the rationale for any appraisal. Following a review of public and
stakeholder feedback and findings from analysis of 2022 data (which
built on the original BPF application in 2021), the following problems
and opportunities related to bus priority measures have been identified
in the study area.
Problems
• Bus congestion (all Corridors)
• Right turn movements causing bus congestion (Corridor 1)
• Uncontrolled on-street parking causing longer bus journey times
(Corridors 1 and 4)
• Constrained movements at Eskbank Toll (Corridor 1)
• Rapid growth and development in Midlothian adding pressure to the
transport network (all Corridors)
• High proportion of travel to work by car and risk of Transport
Poverty (all Corridors)
• Bus access to A7 from Stobhill Road causing longer bus journey
times (Corridor 3)
Opportunities  
• Improve east-west connectivity by public transport and encourage
development of new bus services
• Increase public transport accessibility through improved punctuality
and reduced variability of bus services in Midlothian
• Contribute to National Transport Strategy objectives
• Greater partnership working between bus operators and local
authorities to the benefit of bus passengers and residents in
Midlothian
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• Encourage greater modal shift
• Bus Priority Technology
• Match in Kind
Opportunities associated with proposed or committed schemes /
projects, including A701 Relief Road, A7 Urbanisation Scheme,
Sheriffhall Grade Separation and Dalkeith town centre regeneration are
important considerations, to ensure any bus priority measures either
form part of, or are complementary to, ongoing transport schemes. 
4.4 The Preliminary Options Appraisal stage presents a qualitative
appraisal of the options being considered. 
4.5 Options were sifted against several criteria, including how they
performed against Transport Planning Objectives and Deliverability
Criteria. Rationale for sifted out options includes where they: were
either “out of scope” and not eligible for BPF funding; they performed
poorly against the sifting criteria; they were associated with feasibility
challenges; or they were considered to have little to no impact on
reducing bus congestion. 
4.6  In line with a proportionate approach, options which performed
positively against sifting criteria were retained and form part of an
Option Package. Four option packages have been developed, one for
each of the four study corridors, as below:
• Option Package 1: Measures to improve bus priority on Corridor 1
A6094 Whitecraig to A6094 Eskbank, including Road Space
Reallocation, Redesign of Bus Stops, ITS and Signing & Lining.
• Option Package 2: Measures to improve bus priority on Corridor 2
B6392 Eskbank to A772 Gilmerton, including New Infrastructure,
Signing and Lining and Redesign of Bus Stops.
• Option Package 3: Measures to improve bus priority on Corridor 3
A7 Gorebridge to A7 Danderhall, including New Infrastructure, ITS,
Signing & Lining and Redesign of Bus Stops.
• Option Package 4: Measures to improve bus priority on Corridor 4
A6094 Eskbank to A701 Straiton, including New Infrastructure,
Road Space Reallocation, Redesign of Bus Stops, ITS and Signing
& Lining. 
4.7 Each option package contains a range of individual options (option
measures) which are detailed in the report. 
5 Next Steps 
5.1 In line with STAG, the next stage of work will involve a Detailed
Appraisal of the shortlisted options i.e. the four option packages
identified through this study. This will involve further development of
options including high level design work to enable cost estimates to be
prepared, as well as further assessment of option deliverability, risks
and impacts to inform the detailed assessment. At the Detailed
Appraisal stage, the option packages will be appraised against
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SMARTened Transport Planning Objectives, STAG Criteria,
Deliverability Criteria, and Costs to Government.
5.2 There will also be further engagement to obtain feedback from the
public and stakeholders. Engagement will involve stakeholder
workshops and a public drop in session close to one of the study
corridors. 
6 Project Budget 
6.1 The BPF expenditure is closely scrutinised through the project team
and Transport Scotland, with key milestone reporting dates. 
7 Performance Reporting
7.1 Robust scrutiny to project management is undertaken quarterly by
Transport Scotland. 
8       Report Implications 
8.1    Resource
The BPF award of £302,000 is funding this process and study. 
8.2 Digital 
Not applicable. 
8.3 Risk
The risk of not undertaking the study will have a negative impact on
finding interventions towards encouraging bus travel, patronage and
climate impacts. 
8.4 Ensuring Equalities 
The process of impact assessment runs throughout the development
process and is focussed on the Strategic Environmental Assessment
(SEA) and the Equality Impact Assessment (EqIA). The objectives of
the EqIA are to integrate the consideration of relevant equalities issues
and impacts into the development of the study options. 
8.5 Additional Report Implications 
See Appendix A 
8.6 AECOM Midlothian Orbital Bus STAG: Executive Summary 
Appendix B 
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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
Extensive consultation is 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
The improvement and enhancement of our environment. 
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Midlothian Orbital Bus STAG 
Case for Change and Preliminary Options Appraisal 
Executive Summary 
Midlothian Council 
March 2023 
Item 8.13
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1. Introduction 
Overview
AECOM has been commissioned by Midlothian Council, in partnership with the regional transport partnership for
South East Scotland, SEStran, to conduct a study based on Scottish Transport Appraisal Guidance (STAG) for four
bus corridors within Midlothian. The principal objective of the study – which is being funded through Transport
Scotland’s Bus Partnership Fund (BPF) – is to develop and appraise options to enhance bus priority on each of
the corridors to reduce bus journey times and improve bus journey time variability for trips within Midlothian and to
neighbouring local authorities. Options should also address the decline in bus patronage and consider integration
with other sustainable modes. 
This study has built on the existing body of work contained in the funding application submitted by the Midlothian
Bus Alliance (MBA) to the BPF in 2021. The application set out an initial list of problems and opportunities that
impact buses across Midlothian and potential options to address these problems. This evidence base has been
reviewed and updated as part of this study.
This Note provides an Executive Summary covering off the outcomes from the Case for Change and Preliminary
Options Appraisal stages of the STAG process.
Study Area
The study area encompasses the four key bus corridors in Midlothian shown in Figure 1 and listed below: 
• Corridor 1: A6094 Whitecraig to A6094 Eskbank 
• Corridor 2: B6392 Eskbank to A772 Gilmerton Junction 
• Corridor 3: A7 Gorebridge to A7 Danderhall 
• Corridor 4: A6094 Eskbank to A701 Straiton 
Figure 1: Study Area
The corridors traverse many of Midlothian’s largest settlements, including Loanhead, Lasswade, Bonnyrigg,
Eskbank, Dalkeith, Newtongrange and Gorebridge. The routes operate through a number of key junctions,
including Eskbank Road Roundabout, Sheriffhall Roundabout, Eskbank Toll and Gilmerton Road Roundabout. 
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Scottish Transport Appraisal Guidance
The study has been undertaken following STAG, which represents best
practice guidance for transport appraisals and is required whenever
Scottish Government funding, support or approval is needed to change
the transport system. A summary of the STAG process is shown in
Figure 2.
The Case for Change stage focuses on an analysis of problems of
opportunities drawing on policy review, data analysis of traffic, transport
and socio-economic data, and issues identified through stakeholder and
public engagement. Drawing on the identified problems and
opportunities, Transport Planning Objectives (TPOs) are then developed
to set the outcomes that the study should seek to deliver, and in turn
guide the development and assessment of options.  
The Preliminary Options Appraisal stage has focused on the generation
and appraisal of options. A list of options has been generated at this
stage, and these were then cleaned and sifted. For the purpose of this
study, individual options have been grouped to form four option
packages (one per corridor). It is these option packages which have
been appraised against the TPOs, STAG Criteria (Environment; Climate
Change; Health Safety and Wellbeing; Economy; Equality and
Accessibility) and Deliverability Criteria (Feasibility, Public Acceptability
and Affordability of options). 
As set out, this Note summarises the outcomes from the Case for
Change and Preliminary Options Appraisal stages. Future work will involve a more detailed assessment of the
option packages. 
2. Problems & Opportunities 
Context
To inform the identification of problems and opportunities a review has been undertaken of the policy, geographic,
socio-economic and transport contexts within which the study is set. Of particular importance is that Midlothian is
projected to have the highest percentage change in population size out of all the 32 council areas in Scotland
(between 2018 to 2028)1. Mode of travel to work across the local authority area is also car-dominated, with 63.5%
of trips made by car, which is slightly higher than the Scotland average of 62.4%2. 
Bus services in Midlothian form part of the wider Edinburgh City Region network with the area served by several
bus operators, with Lothian Buses / East Coast Buses providing the highest number of services followed by
Borders Buses. The majority of services and nearly all routes run to and from various parts of Edinburgh,
including the city centre. These services also fulfil important local travel requirements within Midlothian,
particularly for east-west movements between Dalkeith and the employment and commercial centres around
Straiton. A small number of services are also provided by Lothian Community Transport.
Bus priority infrastructure on the four corridors is limited. Two of the corridors (Corridors 1 and 2) have no bus
priority infrastructure in place, whilst there is a small amount of infrastructure on the other two corridors, as below:
• A7 northbound bus lane between north of Newton Church Road junction and The Wisp (Danderhall)
• Short bus lane on southbound approach to A701 / Straiton Park junction 
• A701 bus lanes southbound and northbound between A701 / Straiton Park junction and A701 / Pentland
Road junction
• Short bus lane on northbound approach to A701 / Pentland Road junction 
The quality of infrastructure differs, with site visits identifying that many of the road markings for bus lanes were
faded, potentially making it difficult for road users to identify where they are in operation. 
1 National Records of Scotland, Profile of Midlothian 2021
2 2011 Scottish Government Census, https://www.scotlandscensus.gov.uk
Figure 1: STAG Process
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There are a number of transport projects either proposed or committed in Midlothian which may impact the
corridors considered in this study, including A7 Urbanisation Scheme, A701 Relief Road, Sheriffhall Roundabout
Grade Separation and Dalkeith Town Centre Regeneration.  
Initial Public & Stakeholder Engagement
To support the identification of problems and opportunities on the study corridors, an extensive engagement
exercise has been undertaken at Case for Change stage with the public and stakeholders in Midlothian, as
summarised in the diagram below. 
Figure 3: Summary of Public & Stakeholder Engagement 
Further engagement will be undertaken to obtain feedback on options, including through stakeholder workshops,
targeted discussions and a public drop in session.
Problems and Opportunities
STAG3 states that location-specific problems or opportunities should be the rationale for any appraisal. Following
a review of public and stakeholder feedback and findings from analysis of 2022 data (which built on the original
BPF application in 2021), the following problems and opportunities related to bus priority measures have been
identified in the study area.
Problems:
Bus congestion (all Corridors)
• Bus congestion has been identified as a problem on sections of all four corridors through analysis of bus
journey time data. Analysis included consideration of where median speeds relative to the speed limit are
particularly low, which is an indicator of congestion. Congestion can lead to longer journey times for buses
and can also result in journey time variability issues. Areas highlighted through analysis include Eskbank
Road Roundabout, Dalkeith town centre, Bonnyrigg Toll and A701 at Straiton.  
Right turn movements causing bus congestion (Corridor 1)
• This problem relates to buses turning right from A6094 onto Buccleuch Street in Dalkeith town centre.
Anecdotal evidence suggested constrained turning movements here, with right-turn movements leading to
queues forming as vehicles are unable to pass by a stationary bus when travelling straight ahead in the
nearside lane. Analysis of data found that the right turn movement from the A6094 onto Buccleuch Street can
experience journey time variability. A swept path analysis has also been undertaken for the right turn 
3 Scottish Transport Appraisal Guidance Managers Guide, https://www.transport.gov.scot/media/50895/scottish-transport-
appraisal-guidance-managers-guide.pdf 
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movement onto Buccleuch Street and this demonstrates that a bus is able to turn right whilst a bus in the left
lane can go straight ahead. 
Uncontrolled on-street parking causing longer bus journey times (Corridors 1 and 4)
• Uncontrolled on-street parking has been identified on sections of A6094 Bonnyrigg Road in Eskbank (on
Corridor 1) and Lothian Street in Bonnyrigg and The Loan in Loanhead (on Corridor 4). This leads to buses
frequently having to stop when there is oncoming traffic before overtaking stationary vehicles on sections of
these roads, thus leading to increased journey times and journey time variability issues. Data analysis also
shows sections of these roads record lower median speeds relative to the speed limit, including on the south
side of the northern section of Bonnyrigg Road; on Lothian Road; and The Loan, particularly between
George Avenue and McNeill Avenue. 
Constrained movements at Eskbank Toll (Corridor 1)
• Queues occurring on approach to the Eskbank Toll roundabout have been highlighted as a problem on the
corridor by stakeholders and the public. The constrained geometry of the six-arm roundabout can be difficult
for large vehicles such as buses to manoeuvre as they typically require a larger portion of roundabout to be
clear and a larger gap in traffic before manoeuvring. The dominant flow of traffic is on the A6094, which can
make it particularly difficult for buses exiting from one of the other arms to enter the roundabout, leading to
longer journey times. 
Rapid growth and development in Midlothian adding pressure to the transport network (all Corridors)
• Midlothian is forecast to be the fastest growing local authority in all of Scotland in terms of population growth
(13.8% increase between 2018 and 2028) as a result of new development, particularly large-scale residential
development, including on or close to the four corridors. This will add additional pressures onto the road
network, potentially leading to longer journey times for all vehicles, including buses, in the future. 
High proportion of travel to work by car and risk of Transport Poverty (all Corridors)
• A slightly higher than average proportion of people in Midlothian travel to their place of work by car compared
to the Scotland wide average (over 63% compared to just over 62% across Scotland)4. This contributes to a
high number of vehicles on the road, leading to longer journey times for all vehicles, including buses. Even in
areas such as Dalkeith where the proportion of people travelling to work by car is slightly lower than the
Scotland average, this still constitutes the highest proportion by far of any single mode. 
• Transport Poverty5 is also an issue identified in Midlothian which can impact people’s ability to travel around
and access key services; high and medium levels of transport poverty have been identified across most
areas of Midlothian. The tool defines transport poverty by car availability, household income and access to
services by public transport.
Bus access to A7 from Stobhill Road causing longer bus journey times (Corridor 3)
• Bus services can experience queuing when turning right from Stobhill Road onto the A7, thus increasing
journey times. This junction is not signalised and difficulties can arise as a result of the dominant flow of
traffic on the A7, which is an important corridor linking the Scottish Borders and Midlothian to Edinburgh. 
Opportunities:  
• Improve east-west connectivity by public transport and encourage development of new bus services.
• Increase public transport accessibility through improved punctuality and reduced journey time variability
of bus services in Midlothian. A possible way of increasing public transport accessibility and achieving modal
shift is through Park & Ride sites. A 2020 SEStran study6 identified a number of locations for potential future
bus Park & Ride sites on or close to the study corridors, including at Millerhill, Shawfair and Lothianburn.
Linked to improving accessibility of bus services are opportunities to install additional bus stops, for
example on the A7 and B6392 / A772 Gilmerton Road corridors as developments are built.
• Contribute to National Transport Strategy objectives: The National Transport Strategy7 (NTS2) sets out
the Scottish Government’s vision for transport over the next twenty years, which is supported by four
priorities to Reduce inequalities, Take climate action, Help deliver inclusive economic growth and Improve 
4 2011 Scottish Government Census, https://www.scotlandscensus.gov.uk
5 Transport Poverty in Scotland, Sustrans, https://www.sustrans.org.uk/media/2880/transport_poverty_in_scotland_2016.pdf 
6 SEStran (2020) Regional Park & Ride Strategic Study https://sestran.gov.uk/wp-
content/uploads/2020/05/SEStran-Park-and-Ride-Strategic-Study-Final-Report.pdf   
7 Transport Scotland (2020) National Transport Strategy 
https://www.transport.gov.scot/media/47052/national-transport-strategy.pdf   
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our health and wellbeing. The Bus Partnership Fund provides an opportunity to contribute towards achieving
these priorities in Midlothian. 
• Greater partnership working between bus operators and local authorities to the benefit of bus passengers
and residents in Midlothian. The Midlothian Bus Alliance has already been developed to guide this study and
provides a collaborative forum to discuss potential options. 
• Encourage greater modal shift: Whilst there are challenges associated with developments leading to
additional pressures on the transport network, they also pose an opportunity to make buses an attractive
mode of travel for existing and potential new users and thus encourage modal shift from private vehicles to
bus.
• Bus Priority Technology: Technology is available which permits buses which are behind schedule to be
given priority at signals, thus providing an opportunity for these services to better adhere to the timetable and
operate with reduced journey time variability.  
• Match in Kind: Through the Bus Partnership Fund there is an expectation to leverage other bus service
improvements as part of the wider partnership offer. Match in kind proposals will be developed at a later
stage in the process and will be developed through dialogue with partners, including local authorities,
SEStran and bus operators.  
Opportunities associated with proposed or committed schemes / projects, including A701 Relief Road, A7
Urbanisation Scheme, Sheriffhall Grade Separation and Dalkeith town centre regeneration are important
considerations, to ensure any bus priority measures either form part of or are complementary to ongoing
transport schemes. 
• A701 Relief Road: Part of the rationale for the new road is to relieve pressure from the existing A701
corridor and thus support road space reallocation, either for bus priority or active travel. Any potential bus
priority measures on the existing A701 have taken cognisance of the Relief Road and the opportunities this
provides in terms of potential traffic reduction on the corridor.  
• A7 Urbanisation Scheme proposes to implement segregated shared use walking and cycling facilities along
the A7 between Gilmerton Road Roundabout in the north and Newtongrange in the south. Designs are being
developed. The focus of the Scheme is on active travel and potential options considered as part of this
STAG must take cognisance of the active travel proposals. 
• Sheriffhall Grade Separation: The current road configuration at Sheriffhall Roundabout is a known area of
congestion and there are proposals to upgrade the roundabout to be grade separated, thus separating
strategic traffic on the A720 and local traffic on the A7 and A6106. No specific bus priority measures are
proposed as part of the upgrade but there remains opportunities to lock in the benefits of the grade
separation and to make bus travel along the A7 corridor a more attractive mode. 
• Dalkeith town centre regeneration: Midlothian Council is updating the regeneration masterplan for
Dalkeith, informed by a new vision for the town centre. Overarching ideas include a regenerated town centre
which is: safe and attractive; a green sustainable place; a place that is a business / commercial destination;
and a place that people want to live in. Ideas also include pedestrianisation of part of the town centre. There
are opportunities associated with the plans for bus travel in the town. 
Constraints
STAG states that Constraints should be captured; these are summarised below in terms of environmental,
physical and technological constraints. 
• Bus operators can have different systems for tracking vehicles; as a result, there are challenges identifying
optimum traffic light priority measures. 
• Residential properties and other buildings line certain sections of the study corridors, thus potentially
restricting the level of bus priority in these areas. 
• Carriageway space is limited on some sections of corridor, constraining potential measures. 
• Some proposed transport schemes, which could have a major impact on bus operations in the study area,
are not yet fully committed, constraining potential interventions.
• There are environmental constraints adjacent to / in close proximity to the corridors, including: Conservation
Areas, Gardens and designed landscapes and Scheduled monuments. 
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Other constraints include those associated with the statutory powers of an authority to achieve change, the
funding levels that can realistically be obtained, Scottish or UK legislation and Scottish or UK fiscal policy. 
3. Transport Planning Objectives
The development of TPOs is an important element of the STAG process and they should be evidence led and
informed by identified problems and opportunities. In preparing the TPOs, these have also been developed with
‘SMART’ principles in mind. A SMART Objective is:
• Specific – it says in precise terms what is sought;
• Measurable – there exists means to establish to stakeholders’ satisfaction whether or not the objective has
been achieved;
• Attainable – there is general agreement that the objectives set can be reached;
• Relevant – the objective is a sensible indicator or proxy for the change which is sought; and
• Timed – the objective is associated with an agreed future point by which it will have been met. 
The TPOs presented below will be developed further as the STAG process progresses. As agreed with Transport
Scotland, placeholders have been included in the TPOs at this stage which will be populated following further
analysis of the data and discussion with stakeholders at future stages of the STAG process. 
• TPO1: Reduce bus journey times in the AM and PM peaks by X% on the Midlothian study corridors
between X and Y [insert years]. 
• TPO2:  Increase bus patronage on services operating on the Midlothian study corridors by an average
of X% between X and Y [insert years].  
These TPOs have informed the generation and appraisal of options at the Preliminary Options Appraisal stage. 
4. Preliminary Options Appraisal
Summary of Approach
The Preliminary Options Appraisal stage presents a qualitative
appraisal of the options being considered, with the adjacent
figure summarising the approach to option generation, cleaning,
sifting, packaging and appraisal. 
Options were sifted against several criteria, including how they
performed against TPOs and Deliverability Criteria. Rationale
for sifted out options includes where they: were either “out of
scope” and not eligible for BPF funding; they performed poorly
against the sifting criteria; they were associated with feasibility
challenges; or they were considered to have little to no impact
on reducing bus congestion. 
In line with a proportionate approach, options which performed
positively against sifting criteria were retained and form part of
an Option Package. Four option packages have been
developed, one for each of the four study corridors, as below:
• Option Package 1: Measures to improve bus priority on
Corridor 1 A6094 Whitecraig to A6094 Eskbank, including
Road Space Reallocation, Redesign of Bus Stops, ITS and
Signing & Lining.
• Option Package 2: Measures to improve bus priority on
Corridor 2 B6392 Eskbank to A772 Gilmerton, including
New Infrastructure, Signing and Lining and Redesign of
Bus Stops.
• Option Package 3: Measures to improve bus priority on Corridor 3 A7 Gorebridge to A7 Danderhall,
including New Infrastructure, ITS, Signing & Lining and Redesign of Bus Stops.
Figure 4: Option Development & Appraisal Approach
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Midlothian Orbital Bus STAG     
Prepared for:  Midlothian Counciil    AECOM
8
• Option Package 4: Measures to improve bus priority on Corridor 4 A6094 Eskbank to A701 Straiton,
including New Infrastructure, Road Space Reallocation, Redesign of Bus Stops, ITS and Signing & Lining. 
Each option package contains a range of individual options, hereafter referred to as option measures, which are
outlined below. 
It is noted that in addition to those options that have been ‘sifted in’ for further appraisal, other options have been
identified for consideration as complementary measures (these do not however directly form part of an Option
Package). Complementary measures include options such as enforcing parking restrictions and bus lanes,
supporting EV charging facilities and improving access to bus stops. There is potential for some of these
complementary measures to be identified and funded as ‘match in kind’ measures. 
Appraisal of Option Packages
Following the initial sift of options, the four option packages were appraised against STAG criteria (Environment,
Climate Change, Health, Safety & Wellbeing, Economy and Equality & Accessibility), also taking into
consideration how options score against TPOs, deliverability criteria, their scope / eligibility for BPF funding and
their position in the Sustainable Travel and Investment Hierarchies. 
The option measures considered under each of the four option packages are presented by type, as captured in
the table. 
There are two options which are applicable to all corridors:
• Redesign of bus stops to remove laybys, where appropriate
• Implementation of Urban Traffic Control system in Midlothian (not applicable to Corridor 2)
Appraisal Findings
Overall, each of the four option packages performed positively against the appraisal criteria and are
recommended to be taken forward for more detailed appraisal at the Detailed Options Appraisal Stage. This will
include further analytical work and a more quantitative assessment of options in terms of their performance
against the appraisal criteria. 
Option Package 1: Measures to improve bus priority on Corridor 1 A6094 Whitecraig to A6094 Eskbank,
including Road Space Reallocation, Redesign of Bus Stops, ITS and Signing & Lining
Measure Location Option Type
Link three existing traffic signals in Dalkeith town
centre, including Traffic Light Priority for buses
High Street and Edinburgh Road,
South Street and Buccleuch Street
junctions
ITS
Adoption of a right turn filter lane with advanced
green time at traffic signal for buses
A6094 / Buccleuch Street Junction  ITS
Signal controlled pedestrian crossings on Newbattle
Road and Melville Road approaches to the
roundabout; potential to link to buses via Traffic
Light Priority on the A6094 bus corridor
Eskbank Toll ITS
Signalisation of four arms of Eskbank Road
Roundabout; including Traffic Light Priority for
buses
A6094/A7 Eskbank Road Roundabout ITS
Bus gate on A6094 in Dalkeith town centre; shared
space with pedestrians and cyclists
A6904 Dalkeith town centre Road Space
Reallocation
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Midlothian Orbital Bus STAG     
Prepared for:  Midlothian Counciil    AECOM
9
Bus gate at Buccleuch Street A6094 Dalkeith High Street at
Buccleuch Street
Road Space
Reallocation
Signing and lining work on carriageway to formalise
the currently uncontrolled on-street residential
parking
Bonnyrigg Road (Eskbank Toll to
Westfield Park)
Signing and Lining 
Option Package 2: Measures to improve bus priority on Corridor 2 B6392 Eskbank to A772 Gilmerton,
including New Infrastructure, Signing and Lining and Redesign of Bus Stops 
Measure Location Option Type
Provision of a bus lane on the A772 westbound
approach to the A720
A772/A720 Gilmerton Junction New Infrastructure
Provision of eastbound bus lane before and after
Dobbie's Roundabout
Dobbie's roundabout New Infrastructure
Provision of a westbound bus lane on approach to
Gilmerton Road Roundabout
B6392 westbound approach to
Gilmerton Road roundabout
New Infrastructure
Bus lanes operational 7am to 7pm, as a minimum Potential bus lanes Signing and Lining 
Option Package 3: Measures to improve bus priority on Corridor 3 A7 Gorebridge to A7 Danderhall,
including New Infrastructure, ITS, Signing & Lining and Redesign of Bus Stops 
Measure Location Option Type
Implementation of a mini roundabout at existing T-
junction
A7 / Stobhill Road   New Infrastructure
Provision of a bus lane on the northbound approach
to Melville Dykes Roundabout
A7 Melville Dykes Road Roundabout
(A7 Northbound approach)
New Infrastructure
Provision of a bus lane on A7 northbound approach
to Gilmerton Road Roundabout
A7/B6392 Gilmerton Road Roundabout
(A7 NB approach)
New Infrastructure
Provision of a short left turn bus lane on A7
northbound approach to the roundabout
A7/B6392 Gilmerton Road Roundabout New Infrastructure
New traffic signals, including provision of Traffic
Light Priority for buses
A7 / Stobhill Road   ITS
Signalisation of four arms of Eskbank Road
Roundabout; including Traffic Light Priority for
buses
A6094/A7 Eskbank Road Roundabout ITS
Bus lanes operational 7am to 7pm, as a minimum Existing and potential bus lanes Signing and Lining 
Option Package 4: Measures to improve bus priority on Corridor 4 A6094 Eskbank to A701 Straiton,
including New Infrastructure, Road Space Reallocation, Redesign of Bus Stops, ITS and Signing & Lining 
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Midlothian Orbital Bus STAG     
Prepared for:  Midlothian Counciil    AECOM
10 
Measure Location Option Type
Provision of a section of bus lane between the
existing bus stop and on approach to the junction
A768 Lasswade Road / Wadingburn
Road 
New Infrastructure
Provision of bus lane northbound and southbound
between the Straiton Park & Ride entrance and the
A720 (New Lane)
A701 between Park & Ride and A720 New Infrastructure
Provision of northbound bus lane south of Straiton
Park and Ride Junction, to connect existing bus
lane to the south with the proposed bus lane to the
north (New Lane)
A701 south of Park & Ride
(northbound) 
New Infrastructure
Provide priority to buses through introduction of
Traffic Light Priority at existing Lasswade Road /
Wadingburn Road signals
A768 Lasswade Road / Wadingburn
Road 
ITS
Provide priority to buses through introduction of
Traffic Light Priority at existing A701 / Straiton Park
& Ride signals; linking with signals at A701 /
Straiton Park Way junction
A701 / Straiton P&R ITS
Provide priority to buses through introduction of
Traffic Light Priority at existing A701 / Straiton Park
Way signals; linking with signals at A701 / Straiton
Park & Ride junction
A701 / Straiton Park Way ITS
Signalisation of four arms of Eskbank Road
Roundabout; including Traffic Light Priority for
buses
A6094/A7 Eskbank Road Roundabout ITS
Provision of bus lane northbound and southbound
between the Straiton Park & Ride entrance and the
A720 (Road Space Reallocation)
A701 south of Park & Ride
(northbound) 
Road Space
Reallocation
Provision of northbound bus lane south of Straiton
Park and Ride Junction, to connect existing bus
lane to the south with the proposed bus lane to the
north (Road Space Reallocation)
A701 between Park & Ride and A720 Road Space
Reallocation
Signing and lining work on carriageway to formalise
the currently uncontrolled on-street residential
parking
The Loan Signing and Lining
Signing and lining work on carriageway to formalise
the currently uncontrolled on-street residential
parking
The Loan (between McNeill Avenue
and George Avenue)
Signing and Lining
Signing and lining work on carriageway to formalise
the currently uncontrolled on-street residential
parking 
A6094 Bonnyrigg Lothian Street  Signing and Lining
Bus lanes operational 7am to 7pm, as a minimum Existing and proposed bus lanes Signing and Lining
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Midlothian Orbital Bus STAG     
Prepared for:  Midlothian Counciil    AECOM
11 
5.  Next Steps
In line with STAG, the next stage of work will involve a Detailed Appraisal of the shortlisted options i.e. the four
option packages identified through this study. This will involve further development of options including high level
design work to enable cost estimates to be prepared, as well as further assessment of option deliverability, risks
and impacts to inform the detailed assessment. At the Detailed Appraisal stage, the option packages will be
appraised against SMARTened TPOs, STAG Criteria, Deliverability Criteria, and Costs to Government.
There will also be further engagement to obtain feedback from the public and stakeholders. Engagement will
involve stakeholder workshops and a public drop in session close to one of the study corridors. 
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Midlothian Council
21 March 2023 
Building Maintenance Service 
Report by Kevin Anderson, Executive Director - Place 
Report for Decision 
1 Recommendations 
It is recommended that Council: 
i) Approves the Repairs & Maintenance Service Standards
ii) Approves the Common Repairs Policy
iii) Approves the Minimum Let Standard
iv) Approves HRA cost recovery pest control treatments within
domestic tenancies 
2 Purpose of Report 
The purpose of this report is to seek Council approval for Policies to
assist operational activity, specifically in Protective Services and
Building Maintenance Service, and to protect the health and wellbeing
of our tenants and the structural integrity of our assets. 
Date:    7th March 2023
Report Contact:  Derek Oliver, Chief Officer - Place
Email:   derek.oliver@midlothian.gov.uk   
Item 8.14
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2 
3 Background 
3.1 The Building Maintenance Service is undergoing a significant redesign
to improve effectiveness and efficiency.  It is evident that new policy is
required to assist cultural and operational change across the team,
whilst delivering a more customer focused service.  This work is
iterative and continuing. 
3.2 Ensuring the Council has well maintained, secure, sustainable housing
is key to providing attractive, well maintained neighbourhoods that
support our communities. 
Repairs & Maintenance Service Standards
3.3 An established set of Repairs & Maintenance Service Standards is
important for our tenants and service users, as well as our employees. 
They help to define what a service user can expect and to set key
measurables of the challenges and obligations that our team is
required to deliver. 
3.4 The Repairs & Maintenance Service Standards prescribes the
framework in which the Building Maintenance Service will deliver an
effective service to ensure all our homes are maintained to a good
standard.  The service will meet the high standards expected by and
agreed with our tenants, in line with the Council’s Tenancy Agreement. 
The service will meet the requirements of good asset management by
ensuring that the properties are maintained and the future of the
property is safeguarded.  This service will ensure Value for Money and
set a high standard of workmanship for our staff and contractors. 
Common Repairs Policy
3.5 A common repair is where home owners, or private tenants live in a
mixed-tenure block and are jointly responsible, with the Council, for a
share of the cost of the maintenance and repair of common areas or
parts of the building. 
3.6 The Council has the same legal obligation as other owners with
regards to the management of common repairs.  Any owner can take
the lead on repairs. 
3.7 Where the Council owns one or majority properties in a block, the
Common Repairs Policy details the actions the Council will take in
order to secure the agreement of owners for common repairs.  Where
this agreement is not achieved, the steps are detailed to ensure the
properties are repaired and relevant shares are recovered to the
Housing Revenue Account.   
3.8 The Common Repairs Policy aims to ensure that there is a clear and
consistent approach to recharge home owners for common repairs
when these are undertaken by the Council.  The Council will ensure
good practice through the Tenement Management Scheme and
understand the rights and responsibilities of the Council and
homeowners. 
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3
3.9 The Council is committed to working with property owners to provide
good quality homes to our communities.   
Minimum Let Standard
3.10 A property must meet certain housing standards to be considered fit for
human habitation.  It must be free from health and safety hazards.   
3.11 The Scottish Housing Quality Standard (SHQS) was introduced by the
Scottish Government in February 2004 and is the main indicator to
measure housing quality in Scotland.
3.12 The SHQS means social landlords must ensure their tenants' homes
are:
• energy efficient (now Energy Efficiency Standard for Social Housing
(EESH)), safe and secure
• not seriously damaged
• have kitchens and bathrooms that are in good condition 
3.13 The SHQS is a minimum housing standard in Scotland to ensure no
property falls below this level.  The Scottish Housing Regulator
monitors the SHQS both nationally and for individual registered social
landlords (RSLs).
3.14 In order to minimise time that properties are void, Minimum Let
Standards have been introduced on a trial basis since 16th December
2022.  The Standard covers all aspects of the SHQS. 
3.15 The introduction of the Minimum Let Standard ensures that the
property conforms to the SHQS and permits a faster turn around in re-
letting Council properties. 
3.16 In January 2023, utilising the Minimum Let Standard, BMS turned
around void properties on average in 16 days (30 properties) and 14.6
days (45 properties) in February.   
Pest Control
3.17 There have been a number of cases in recent months where tenants
have been unable to control pest issues within their Council property.  
3.18 The Council’s Environmental Health Service has an operational Pest
Control Service that undertakes treatments on a rechargeable basis in
the private domestic and non-domestic sectors and, on request, on a
rechargeable basis to tenants.
3.19 With the health, safety and wellbeing of tenants at the core of service
delivery, coupled with the safeguarding of the integrity of our properties
and installations, it is proposed that tenants have access to the
Council’s pest control service, with charges internally recovered from
the Housing Revenue Account, and as prescribed in the Council’s list
of fees and charges.
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4
3.20 Any pest issue that extends beyond the Council’s core pest control
service functions will remain the responsibility of the tenant in terms of
treatment and costs. 
4       Report Implications 
4.1    Resource
The Service Standards and Policies are deliverable within existing
staffing and budgetary resources.  Resource may be required should
there be an increase in pest control treatment requests but this will be
balanced with an increased income and cost recovery means to cover
salaries of additional technical staff.  The impact will be closely
monitored. 
4.2 Digital 
Not applicable. 
4.3 Risk
Not having established service standards puts the Council at
reputational and financial risk.  No common repairs policy means it is
difficult to repair mixed tenure properties and can have a detrimental
impact on the structural integrity of our assets.  Failing to implement
minimum let standards results in inconsistent results, mixed standards
of void properties and can lead to lengthy void periods.  Failure to
address pest issues within our stock impacts on our assets and the
health and wellbeing of our tenants.  With the cost of living crisis,
tenants may be less inclined to deal with pest issues or seek unsafe
alternatives without the provision of an in- house service. 
4.4 Ensuring Equalities 
4.5 Additional Report Implications 
See Appendix A 
4.6 Repairs & Maintenance Service Standards 
Common Repairs Policy 
Minimum Let Standard 
Appendix B 
Housing maintenance and use of the HRA for an equitable service to    
all our tenants are required to comply with the Housing (Scotland) Act    
1987 and the Council’s Financial Regulations. 
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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
The report aims to deliver best value. 
A.5 Involving Communities and Other Stakeholders
Tenant consultation and participation is essential and will be addressed
through future engagement workshops including right to repair. 
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
The improvement and enhancement of our environment. 
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Midlothian   
Building Maintenance Service   
Building Maintenance Service: Repairs Service Standards  1
REPAIRS & MAINTENANCE SERVICE STANDARDS 
We will deliver an effective repairs and maintenance service to ensure all
our homes are of a good standard.  We will meet the high standards
expected by and agreed with our tenants, in line with the Council’s Tenancy
Agreement.  We will meet the requirements of good asset management by
ensuring that the properties are maintained to a good standard and the
future of the property is safeguarded.  We will ensure Value for Money and
set a high standard of workmanship for our staff and contractors. 
To achieve this we will: 
1. Provide a service that: 
a) listens to and addresses any problems that tenants have about repairs 
b) arranges appointments with the tenant on the phone, or preferred contact
method, to carry out inspections and repairs 
c) arrange, where possible, an appointment time frame to suit the tenant, where
the inspection or repair is inside the tenant’s home and/or affects the normal day-
to-day running of the home 
d) undertakes repairs quickly and in one visit, if possible 
e) engages with tenants 
f) ensures that all contractors undertaking work on behalf of Midlothian Council
adopt practices which fully comply with our own policies and code of conduct 
2. Commit to our responsibilities to: 
a) carry out all repairs within the requirements of current legislation, best practice
and to a good standard 
b) keep the structure and outside of properties in good repair and maintain
installations in the home which relate to drainage and supply of water, electricity
and gas 
c) endeavour to carry out all repairs by appointment within the timescales as set
and agreed with our tenants 
d) manage expenditure within the repairs budget 
e) have regard to the environmental impact of building products used 
f) ensure that we achieve a good balance between value for money and quality of
service, when packaging and awarding any contracts 
3. Provide our tenants with ways to request a repair, which are convenient
to them, by: 
a) offering the following ways to request or report a repair: 
i. by telephone (including out of hours emergency number) 
ii. by e-mail 
b) enabling appointments to be agreed if possible at the time the repair is
reported by telephone
Item 8.14
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Midlothian   
Building Maintenance Service   
Building Maintenance Service: Repairs Service Standards  2
c) offering an appointment time frame that is suitable, between Monday to Friday
between 08:00 and 16:00. 
d) making appointments for all internal repairs service visits requiring: 
i. pre inspections 
ii. undertaking the repair 
iii. post inspections and following up expressions of dissatisfaction 
e) leaving a non-access card, where a tenant has failed to keep an agreed
appointment, informing the tenant that we attended and that the appointment will
have to be rebooked. We will cancel the repair where two or more no access
cards are left, with no repsonse. 
4. Provide a service to respond to repairs outside of normal working hours,
by: 
a) offering a way of reporting emergency repairs out of hours, 24 hours a day,
seven days a week 
b) aim to be there in 4 hours, but definitely within 24 hours, if an emergency
repair is reported 
c) making emergencies safe and if possible carry out repairs within the 24 hours
target 
d) following up works may be carried out over a longer timescale after the initial
making safe, depending on the extent of works or materials required. 
e) offering an out of hours emergency service in relation to gas and heating
breakdowns in the event of vulnerable tenants and there being no other form of
heat in the property
f) providing a temporary electric heater if a boiler or heating source cannot be
repaired immediately. 
5. Respect the tenant and property at all times, this includes contractors,
by: 
a) carrying and displaying proof of our identity; where this is not provided when
requested, the tenant is entitled to refuse access 
b) not smoking in the home 
c) being suitably dressed 
d) being tactful and polite 
e) respecting privacy and personal belongings 
f) using dust sheets, wearing shoe / boot covers and minimising disturbance to
the tenant 
g) arranging with the tenant for the use of any services required 
h) aim to avoid leaving an unfinished job and advising when we will return 
i) not leaving equipment or materials in a dangerous or inconvenient position in
the home 
j) arranging to remove any rubbish at the end of the works and/or day 
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Midlothian   
Building Maintenance Service   
Building Maintenance Service: Repairs Service Standards  3
k) offering the right to make a formal complaint to the Council, if the above is not
followed 
6. Provide a service that aims to complete repairs with the least visits as
possible, by: 
a) always attempting to effect a repair in one visit 
b) agreeing the time of both the pre-inspection and the work required at the time
that the repair is reported, when a pre-inspection is necessary 
c) agreeing (where possible) an alternative appointment before the tradesperson
leaves the property, when additional work is identified that means the
appointment cannot be kept or the work cannot be completed 
7. Provide a service that keeps the tenant informed of delays, by: 
arranging an alternative appointment as soon as we are aware of the situation
when a repair requires parts or materials that must be ordered or the
tradesperson is unexpectedly absent, and the appointment needs to be
rearranged 
8. Provide a redecorating service, by: 
a) always attempting to ensure that any damage is kept to an absolute minimum 
b) where minor internal redecorating is required after carrying out repairs, as part
of your responsibility to decorate the home: 
▪ providing a decoration voucher of sufficient value to match the re-decoration
in line with Midlothian Council policy limits 
▪ providing advice on where the decoration voucher can be used 
c) Where there are external repairs we will make good as required areas of paint
or coloured plaster; to ensure a suitable / acceptable decorative finish. 
9. Provide a service responding to crime, by: 
when following illegal entry into a dwelling owned or managed by us we will: 
i. carry out emergency repairs to make safe if reported 
ii. carry out all repairs as a result of the illegal entry that are our or the tenant’s
responsibility provided a crime number from the police is supplied 
iii. not carry out repairs where illegal entry into a property results in damage etc.
where the illegal entry was a direct result of the tenant’s criminal activities, except
to maintain the integrity of the property and protect the Council’s asset 
iv. discuss the matter with the police and take appropriate action where persistent
unlawful access damage occurs 
v. remove seriously offensive graffiti on its property within 24 hours 
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Midlothian   
Building Maintenance Service   
Building Maintenance Service: Repairs Service Standards  4 
10. Respond to damage by the tenant to a property, by: 
a) charging the tenant for the cost of the remedial work for any abuse or damage
caused to the property by the tenant, their family members, pets or visitors to the
property 
b) considering the circumstances in deciding the level of charge appropriate, in
the case of accidental damage 
11. Ensure an efficient pre work inspections service, by: 
a) only carrying pre work inspections where: 
i. The tenant is unable to fully explain the problem; 
ii. the repair might be the tenant’s responsibility; 
iii. surveying measurements, schedules, specifications etc. are required prior to
ordering the work; 
iv. the emergency repair requested is structural 
v. investigations to identify the problem are required; 
vi. a previous repair has not solved the problem; v
vii. the tenant has a history of wrongly reporting repairs (where nuisance calls are
made or where there is a history of tenants abusing the property) 
viii. there is considerable volume/value of work reported 
b) carrying out internal pre inspections by appointment which will be agreed at the
time that the repair is reported, except for emergencies 
12. Ensure an efficient post work inspections service, by: 
a) carrying out quality control checks of repairs at random. These quality control
checks will be for different repair types, property types 
b) carrying out post inspections when the tenant is dissatisfied 
c) carrying out post inspections at an appointed time agreed with the tenant 
13. Ensure tenants are satisfied and improving the service, by: 
a) continually monitoring tenant satisfaction with repairs by way of tenant
satisfaction call backs to ensure the high standard expected by our tenants is
delivered 
b) regularly contacting a sample of tenants to ascertain satisfaction of completed
works 
c) arranging an appointment for a visit by an inspector to identify and rectify any
residual problems and inform the tenant of any actions taken in response to their
expressed dissatisfaction, when a response is returned showing any
dissatisfaction 
d) offering the tenant to express dissatisfaction by any regular method of
communication including, but not limited to, any of the methods via which repairs
can be reported 
e) offering the tenant the right to complain as covered by Council’s Corporate
Complaints Policy 
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Midlothian   
Building Maintenance Service   
Building Maintenance Service: Repairs Service Standards  5
f) evaluating our policies, procedures and practices through a rolling review
programme and in the light of any changes in the law and best practice, and
proposals for changes recommended as necessary 
g) including equality impact assessments in the reviews to ensure that all of our
policies encourage and support our determination to promote equality and
eliminate unlawful discrimination 
h) ensuring that opportunities are provided for tenants to engage in the process of
reviewing and monitoring this policy 
i) ensuring systems will be in place to monitor progress against agreed targets. 
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Midlothian   
Building Maintenance Service   
Common Repairs Policy 
Contents
1. Introduction
2. Context
3. Objectives and Principles
4. Legal Framework
5. Common Repairs 
6. Engagement with Owners
7. Tenant Management Scheme (TMS)
8. What happens in an emergency
9. Improvements
10. Invoicing Arrangements/Financial Assistance for Owners
11. Appeals
12. Performance Monitoring
13. Equalities
14. Policy Review 
Item 8.14
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1. Introduction 
This policy relates to flats in mixed-tenure blocks where the Midlothian Council have
a vested interest because it owns one or more of the flats. The Council have
approximately 2880 properties which are within mixed-tenure blocks. The blocks
may have a mixture of Council owned and privately owned properties. The Council
may be a majority owner within the block or own one property within the block.
All properties are considered to have an equal share of the responsibility for the
repairs and maintenance of common parts i.e roof and roof space,
rhones/downpipes, external walls, door entry, stairwell etc.
The policy is intended to assist and progress repairs as problems often occur where
owners are unsure or refuse to participate in, and pay their share of the costs of,
repairs to the common parts and areas.
The Council has the same legal obligation as other owners with regards to the
management of common repairs. The responsibility is equally shared and any owner
can take the lead on repairs.
All properties at some point require repair and maintenance in their life. In tenement
buildings, it is important that all owners are aware of potential maintenance/defects
liabilities.
In order to maintain good quality homes for our communities we are committed to
working with owner occupiers to make the process of undertaking necessary repairs
as easy as possible for all involved. 
This policy will state how these properties can be repaired and also how to ensure
that the property is properly maintained to reduce the potential for high cost repairs
in the future. The Council has an interest in the repair and maintenance of all mixed-
tenure blocks in which it owns one or more properties in the block.
It is essential that owners in mixed tenure blocks co-operate with the Council.
Working with owners through engagement and having their co-operation means that
the value and quality of these assets can be preserved for the mutual benefit of all
parties.
This policy sets out the actions the Council will take in order to secure the agreement
of owners for common repairs and maintenance. 
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2. Context 
This policy only applies to flats and not terraced properties as these are not covered
by the Tenement (Scotland) Act 2004 (the 2004 Act). 
In the past, problems occurred where owners are unsure or refuse to participate in a 
repairs scheme and as a result do not pay their share of the costs of repairs to the
common parts and areas. To resolve this problem, we spend a great deal of time
working with owners trying to secure their agreement. This can, and does, cause
delays to the timeframe before we are able to carry out work.
In some cases, the Council, tenants and owners can be left dissatisfied with the
outcome of this process. However, we will always respect the rights of owners and
will ensure that any issues are managed appropriately. 
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3. Objectives and Principles 
The following outlines the specific objectives and principles of this policy.
The principal course of action to assist with the progression of repairs and
maintenance of mixed tenure tenement properties will be to examine the relevant
title conditions to define liabilities, and where these are silent or not clear on a
particular point, we will default to use the Tenement Management Scheme (TMS) in
the 2004 Act. This sets out the steps that flat owners need to follow when making
decisions on maintaining and repairing common parts. It is important to note that the
TMS is a back up scheme which is used where the title deeds don’t specify how
decisions should be made, or if different owners’ title deeds are in conflict. 
Our Objectives
To meet current and future requirements of the law and good practice and explain
how common repairs can be carried out in accordance with the title deeds failing
which the TMS.
Explain the rights and responsibilities of the Council and homeowners.
Provide clear information to tenants and owners on how we manage and charge for
common repairs in mixed-tenure tenement properties.
To make the policy and other documents on common repairs available in different
languages and other formats such as large print, easy read, audio and Braille, in line
with our Equal Opportunities Policy.
To ensure that the management of common repairs is continuously improved by
reviewing, monitoring and feedback from customers and staff. 
Our Principles
Tenants, homeowners and staff are involved and consulted in the development of
the service and its operational procedures.
The service that we give to tenants and homeowners is continually improved through
monitoring and feedback.
Our communication with tenants and owners is always clear, appropriate, easily
understood and easily accessible in line with our Equal Opportunities Policy.
Our staff are supported by ongoing training. 
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4. Legal Framework 
The organisation of common repairs, and general property maintenance matters,
within any multi-owned property is shared between all owners and based on their
shared legal obligations. Within any block of flats, there are communal parts; such as
roofs, stairs, garden area and external walls, which are normally the joint
responsibility of all owners.
Rules detailing owners’ specific responsibilities for the upkeep, management and
maintenance of the common elements are normally found within the title deeds.
Although title deeds granted by the Council make provision for the carrying out of
common repairs, and the Council currently do undertake these and recharge the cost
in accordance with the terms of the deeds, the TMS can be used where the title
deeds are silent or not clear.
As a back up to provisions in the title deeds, the TMS sets out the steps that owners
need to take when making decisions which affect all owners about maintaining and
repairing common parts.  
For more information on how the TMS works in Midlothian see section 7. 
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5. Common Repairs 
Owners are responsible for the repairs and maintenance to their own property.
Where owners live in a mixed-tenure block they are also responsible for a share of
the cost of the maintenance and repair of the common areas or parts of the building.
The common parts or areas are:
the roof - which includes all slates or tiles, timbers, the loft space, roofing felt,
flashings, leadwork, gutters, parapets, chimney heads and chimney stacks;
external stonework (where this is defined in the title deeds), roughcast, brickwork
and gable ends (where the tenement is not adjoined by another tenement);
• downpipes;
• the rising cold water main pipe;
• the common close and staircase including steps, bannisters and balustrades;
• the front steps and any porticos or decorative entranceways;
• external steps, balustrades and wrought iron works;
• a controlled entry door and common electrical circuitry;
• close tiles and/or plasterwork;
• a rear close door or gate, any stairs leading to the back court and any rear
close access areas;
• all parts of the back court including fences, railings, gates, bin stores or bin
shelters, common drying areas including washing poles, grassed or earthed
areas, gravel beds and hard standing areas, retaining walls;
• some (but not all) front garden areas;
• drains and underground pipes;
• the solum and foundations;
• gable wall (unless shared with adjacent tenement where both sets of
tenement owners have to take responsibility).
If the common areas of the building need to be repaired, every owner who is entitled
to use that common area must pay their share of the cost of the repairs.  
Owner-Led Repairs
All homeowners have the right to instigate a common repair. In such circumstances:
• homeowners should supply a minimum of 3 quotes for major repairs (e.g roof
replacements, chimney repairs) or
• 2 quotes for minor repairs (e.g fence replacement) to the Housing Repairs
Team. However, discretion can be used by the council, depending on the
repair;
• contractors should provide evidence that they have public liability insurance;
• the preferred contractor will be selected based on a defined best value for
homeowners and the Council ;
• the selected contractor must complete a contractor’s declaration form
confirming adherence to health & safety guidelines and quality of work
guarantees;
• the lead owner is responsible for paying the contractor and recovering shared
costs from other affected owners 
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6. Engagement with Owners – Council’s Standards 
The Council is committed to working with our tenants and owner-occupiers, in all our
repair and maintenance programs.
The Council must work with owners in a block about any common repairs and
maintenance, which we are proposing in order to aim for their agreement. 
Generally, the title deeds relating to mixed tenure blocks enables common repairs to
be carried out if a majority of the owners in the block agree to the work. In mixed-
tenure blocks, it is likely that it will be the Council, when the majority owner, which
takes the initiative in organising and managing repairs, although as described in
Section 5, any owner can do this.
We will ensure all our communication, by letter, by telephone, by email and by
personal contact with staff, is clear and unambiguous about every aspect of each
contract and gives owners every opportunity to ask questions and receive clear
answers. 
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7. Tenement Management Scheme (TMS) 
As referred to above, the TMS sets out the steps that flat owners need to follow
when making decisions on maintaining and repairing common parts. This is used
where the title deeds don’t specify how decisions should be made, or if different
owners’ title deeds say conflicting things. The full detailed rules of the TMS are
contained in Schedule 1 to the 2004 Act. 
Any decisions made under the TMS are known as ‘scheme decisions’. Unless the
title deeds say otherwise, flat owners can use the rules set out in the TMS to make
scheme decisions about:
• carrying out maintenance work, including repairs and replacements, cleaning,
painting, gardening and other day-to-day tasks;
• delegating power to a manager to inspect the building or make decisions to
carry out maintenance;
• arranging inspections of the building to decide whether maintenance work is
required;
• arranging insurance for common areas;
• authorising any maintenance of scheme property already carried out by an
owner;
• installing a new door entry system;
• excusing an owner from paying a share in maintenance costs;
• changing or taking back any previous scheme decisions. 
which are determined by a majority vote of all the property owner votes allocated. 
NB. Joint owners of a property have only one vote. 
The Voting Process 
The TMS can be used by any owner (Midlothian Council or private owner) within a
block for the making of scheme decisions which are determined by a majority vote of
all the votes allocated. 
One vote is allocated in respect of each flat, so if the Council owns two flats it will
have 2 votes. 
If a flat is owned by two or more persons the one vote allocated to that flat may be
exercised in relation to any proposal by either of them, but if those persons disagree
as to how the vote should be cast then the vote is not to be counted unless (a) where
one of those persons owns more than a half share of the flat, the vote is exercised
by that person, or (b) in any other case, the vote is the agreed vote of those who
together own more than a half share of the flat. 
Any decisions that are made are done through a voting process. For the work to go
ahead there needs to be approval based on a majority vote of all the votes allocated.
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Where the Council is proposing to carry out common repairs and maintenance to a
mixed tenure property, we will:
• check the relevant title deeds and confirm responsibility for costs;
• write to owners confirming the scope of works, estimated costs and enclose
an owners’ guide to the TMS if applicable;
• if applicable, follow the TMS voting process and timescales, allowing three
weeks for voting slips to be returned.
• We will contact and/or visit any owner who has not returned their voting slip
by the closing date as a matter of urgency and aim to get their decision.
• We will confirm the result of the vote in writing to all the owners in the block
usually within 10 working days of the closing date, informing them about the
scheme decision. 
Unanimous Agreement
Where the decision to proceed with the repairs scheme is unanimous, each owner
and tenant will be kept informed about:
• the repairs that need to be carried out;
• the cost;
• the contractor’s name and contact number, and a named Council contact.   
Majority vote in favour of the scheme 
Where there is a majority of the votes allocated in favour of the scheme, each owner
and tenant will be sent a letter confirming the scheme decision. An owner who is not
in favour of a scheme decision or a new owner who was not the owner at the time
the decision was made can appeal to the Sheriff Court. The appeal cannot be later
than 28 days from the date of the decision being notified.  If no one has appealed
within the 28 day period, then the work can go ahead. 
No majority in favour of the scheme
Where there is no majority of the votes allocated in favour of the scheme then no
works can be completed at this time. We will write to all tenants and owners
confirming the outcome.
On a 6-monthly basis, we will review the scheme decisions that resulted in there
being no majority in favour. We will write to owners again as circumstances may
have changed. 
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8. What Happens in an Emergency? 
Where emergency common repairs or maintenance is required, particularly if a repair
directly affects a Council-owned property, work can be carried out without the
agreement of the other owners. We can use our legal powers to serve a notice, carry
out the repair and recover a share of the cost from the other owners.
In terms of the TMS, “emergency work” means work which, before a scheme
decision can be obtained, requires to be carried out to a scheme or property (a) to
prevent damage to any part of the tenement, or (b) in the interests of health or
safety. 
We will write to owners informing them of their responsibility for their share of the
costs involved where there is an emergency repair.
Examples of an emergency repair:
• Common close lights not working and leaving the stairwell in darkness.
• A roof tile which has broken and is a danger or letting in water.
• A piece of rhonepipe which is hanging from the building.
• A loose step or slab which is causing a trip hazard.
• Burst pipes within communal areas.
The title deeds of properties previously sold by the Council under the Right to Buy
provide that other owners in the block, which includes the Council, may require
access to inspect, maintain, repair and renew their property and the common
areas/parts. Where the Council requires access to an adjoining property, we will
always give owners reasonable notice when we ask for access to their properties. 
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9. Improvements 
If the Council is proposing to make improvements which are reasonably incidental to
the required maintenance then these can be carried out by the Council and a share
of the costs sought from the other owners either in terms of the provisions in the title
deeds failing which the TMS. It is suggested that Improvements other than this would
not be covered by the Common Repairs  Policy with Improvement Schemes
considered on case by case basis depending on the funding and other statutory
powers available.
The Council will work with owners by organising a meeting well in advance of the
project, usually at least 12 months in advance, to explain what work is being
proposed, the estimated costs and a timetable to complete the project.
The VAT saving available for owners under Common Repairs may not be available
for improvements which are not reasonably incidental to the required maintenance,
particularly where the owner of the property asks the Council to provide additional
works which exceed those planned by the Council, as any payment for those
improvements would be liable to VAT at the Standard Rate. However, where
improvements are minor and incidental to the common repair, this would still be
treated as non-business and therefore VAT will not be applicable. 
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10. Invoicing arrangements/ Financial Assistance for Owners 
Within six weeks from the date the work has been completed and inspected by
relevant staff, the Council will send an invoice to each owner for their share of the
costs.
Owners are legally responsible for paying an equal share of the total cost of repairs
and maintenance to the block.
The invoice is to be paid within 30 days of receiving it. In most cases, owners will
have had a significant period of time to save funds to pay for the works being carried
out.
However, it is recognised that in exceptional circumstances some owners may
experience financial hardship. Where appropriate, the Council will discuss a
reasonable repayment plan with each owner. The Council’s debt recovery process
will deal with any defaults, which include the recovery of any monies due in
accordance with the law and/or title provisions. 
This may also include when an owner refuses to pay their share of costs, the
registration of a Notice of Potential Liability for Costs against the title of the defaulting
owner. This will not prevent the property from being sold before the debt to the
Council has been repaid, but it is likely that a purchaser will insist on settlement of
the outstanding sum to discharge the Notice, before proceeding with the purchase.
At the same time, the debt recovery process should commence to ensure that the
Council does not lose its ability to recover the money through the passage of time,
i.e. debts may be prescribed after five years.
The 2004 Act contains provisions which allow the Council to pay any missing share
or shares of common repair costs, where owners are unwilling or unable to pay their
share of these costs or cannot be found. The Council can use these powers, if it
wishes to do so, to make such payments and to enter into arrangements with the
owners to recover the money in instalments. 
The Council can recover its administrative costs for this but cannot charge interest
on the missing share or shares that it has paid. If the Council decides to use this
power, it has the advantage of enabling the Council to secure the sum repayable to it
by registering a repayment charge in the Land Register against the title of the
relevant property. 
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11. Appeals
Whilst the Council will make every reasonable effort to try and resolve concerns or
complaints from owners it recognised that this may not be possible and it may be
necessary for the Council to proceed with a scheme and cost recovery utilising its
legal powers.
It is important to note that any owner who is dissatisfied with a decision taken under
the TMS may apply to the Sheriff Court to have the decision set aside within 28 days
of being notified about the decision. There is a further right of appeal on a point of
law within 14 days of the Sheriff Court’s decision. Repairs to common parts cannot
be commenced until the appeal process has run its course. If a majority decision to
carry out work is set aside by the Court, the work cannot be done. 
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12 Performance Monitoring
In order to comply with its service commitments, the Council will monitor the
application of this policy as follows:
• The number of occasions where provisions in title deeds are used;
• the number of occasions on which the TMS scheme is used;
• the cost of common repairs and recovery of a share of the cost from other
owners;
• customer satisfaction in the processing of common repairs;
• the number of applications to the Sheriff Court to have scheme decisions set
aside. 
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13 Equalities Statement 
In accordance with the Public Sector Equality Duty (General Equality Duty),
Midlothian Council has a duty to eliminate unlawful discrimination, harassment and
victimisation and to advance equality of opportunity between people who share a
protected characteristic. Protected characteristics, under Equalities legislation,
include race, disability, religion or belief, age, sex, sexual orientation, gender
reassignment, marital status or pregnancy. Under the Fairer Scotland Duty, we must
also actively consider how we can reduce inequalities of outcome caused by
socioeconomic disadvantage, when making strategic decisions.
This policy is subject to an EQIA and complies with the Council’s Equality Policy. We
will review the policy and associated policies and procedures at appropriate intervals
for their equal opportunities implications, taking appropriate action to address
inequalities likely to result or resulting from the implementation of this policy. 
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14 Policy Review 
If the monitoring of performance detailed in Section 12 suggests that there are areas
where the policy needs to be improved, the policy may be amended or a further
review may be undertaken. If any changes to be made are substantive, the Council
will consult with tenants, homeowners, staff and other key stakeholders before
making these changes. 
We will undertake a full review of this policy every two years or earlier if required by
changes to legislation or guidance. In line with housing law, consultation on the
policy will be ongoing. 
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Page 279

Midlothian   
Building Maintenance Service   
Building Maintenance Service: Let Standard  1 
HOUSING LET STANDARD   
General
• Property will be clean and free of rubbish throughout
• Decoration will be issued via a voucher system (if applicable). Delivery
or pick up is available.
• Tenants less able will be given assistance by the in-house painting
team (Housing Officer will identify). 
Walls & Ceilings
• Finishes will be sound and suitable for decoration
• Skirtings, door facings and other timber will be intact and securely fixed
• Any wall tiling will be clean, free from cracks and chips and with all
grout/sealing intact 
Floors
• Floors will be free of coverings unless retention agreed with incoming
tenant1
• Surface will be sound and secure with all boards fixed securely
• Floors will be clean 
Stairs
• Balustrades and handrails will be securely fixed
• Timber stairs and treads will be fully secured and nosings in good
condition
• Treads on concrete stairs will be level, smooth and free of cracks 
Windows
• Windows will operate smoothly and be watertight 
• Glazing will be intact, free from cracks and securely fixed
• All ironmongery will operate correctly with all restrictors and locks
having release mechanisms or keys 
1 The Council cannot be responsible for any floor coverings that the incoming tenant decides to keep or provide 
Item 8.14
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Midlothian   
Building Maintenance Service   
Building Maintenance Service: Let Standard  2
Doors
• Doors will be intact and hung correctly
• Ironmongery will operate correctly 
• External doors will be draught free and have secure locking devices
with new keys
• Doors will be provided to all door openings 
Sanitary Fittings
• Fittings will be clean, free from cracks, chips and suitable for use
• Seals will be intact and fittings securely fixed 
• Taps, valves and showers where fitted will operate correctly
• Baths, wash basins, showers and WC will drain effectively
• Mechanical ventilation when fitted will operate effectively 
• New shower hose and handset will be fitted where installed 
Kitchen Fittings
• Work surfaces and units will be clean with all doors and drawers
operational. (Doors or drawer may be different colours).  
• Sink will be clean, free from damage and will be free draining
• Mechanical ventilation when fitted will operate effectively 
Heating
• Heating and hot water systems will have adequate controls and will be
fully operational
• All thermostatic valves will operate correctly 
Services
• Mains water supply will be provided with an appropriate accessible shut
off valve and feed to the kitchen tap
• A current gas safety certificate will be provided
• An electrical safety test will be carried out
• Appropriate fully operational (gateway) smoke and carbon monoxide
detectors will be provided
• If an alarm system is fitted it will be fully operational 
External
• Garden area will be tidy and free of all rubbish
• Paths and steps will be in a safe condition and free of obstructions
• Handrails when provided will be secure
• Gates will be secure and operational
• Clothes poles/rotary driers will be provided and will be upright and
secure
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