Agenda Document Pack - Planning Committee - 26/08/2025
Midlothian Council · 26 August 2025
Back to Planning Committee — 26 August 2025 and its agenda
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Notice of Meeting and Agenda Planning Committee Venue: Normandy Court/ Hybrid, Normandy Court, 20 Normandy Dr, Dalkeith, EH22 1JG Date: Tuesday, 26 August 2025 Time: 13:00 Executive Director : Place Contact: Clerk Name: Democratic Services Clerk Telephone: Clerk Email: democratic.services@midlothian.gov.uk Further Information: This is a meeting which is open to members of the public. Privacy notice: Please note that this meeting may be recorded. The recording may be publicly available following the meeting. If you would like to know how Midlothian Council collects, uses and shares your personal information, please visit our website: www.midlothian.gov.uk Page 1 of 50
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1 Welcome, Introductions and Apologies 2 Order of Business Including notice of new business submitted as urgent for consideration at the end of the meeting. 3 Declaration of Interest Members should declare any financial and non-financial interests they have in the items of business for consideration, identifying the relevant agenda item and the nature of their interest. 4 Minute of Previous Meeting 4.1 Minute of Planning Committee meeting of 10 June 2025 submitted for approval 3 - 4 4.2 Minute of continued Planning Committee meeting of 10 June 2025 submitted for approval 5 - 15 5 Public Reports 5.1 24/00161/S42, 24/00162/S42 and 24/00163/S42 - Temple Quarry, North Middleton, Gorebridge - report and plans 16 - 40 5.2 25/00134/DPP - 1A Clerk Street, Loanhead - report and plans 41 - 50 6 Private Reports No items for discussion 7 Date of Next Meeting The next meeting will be held on Monday 6 October 2025. Page 2 of 50
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INTERNAL USE ONLY DRAFT BY/DATE: REVIEW BY/DATE: 1-993 Minute of Meeting Planning Committee Tuesday 26 August 2025 Item No 4.1 Planning Committee Date Time Venue Tuesday 10 June 2025 13.00 Committee Room/ MSTeams Present: Councillor Imrie (Chair) Councillor Alexander (Virtual) Councillor Bowen Councilor Cassidy Councillor Curran (Virtual) Councillor McCall Councillor McEwan Councillor McKenzie Councillor McManus Councillor Milligan Councillor Parry Councillor Russell Councillor Scott Councillor Smaill Councillor Virgo In attendance: Kevin Anderson, Executive Director Place Derek Oliver, Chief Officer Place Peter Arnsdorf, Planning, Sustainable Growth and Investment Manager/ Chief Planning Officer William Venters, Principal Solicitor Hannah Forbes, Democratic Services Officer Maria Perez, Democratic Services Officer 1. Welcome and Apologies Councillor Imrie (Chair) welcomed everyone to the meeting of the Planning Committee. Apologies were received from Councillor Drummond and Councillor Winchester. Page 3 of 50
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2. Order of Business The Chair acknowledged that the meeting could not be held in the Council Chambers due to a technical issue with the webcasting system. Given the replacement room did not meet health and safety requirements to accommodate Elected Members, officers and Members of the Public, the Chair advised that the meeting would need to be continued to another date before the summer recess. The Chair also requested a seminar for Elected Members be arranged in connection with agenda items 5.1 (Midlothian Local Development Plan 2 – Housing Land and Shortlisting) and 5.2 (Midlothian Local Development Plan 2 – Green Belt Review and Newbattle Strategic Green Space Review) and this be held before the meeting is reconvened. Decision: The Commitee agreed: 1. to adjourn the meeting to another date to be confirmed in due course; and 2. that a seminar for Elected Members on items 5.1 and 5.2 be held before the meeting is reconvened. The meeting concluded at 13:06 Page 4 of 50
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INTERNAL USE ONLY DRAFT BY/DATE: REVIEW BY/DATE: 1-993 Minute of Meeting Planning Committee Tuesday 26 August 2025 Item No 4.2 Planning Committee Date Time Venue Thursday 26 June 2025 11 am Committee Room/ MS Teams Present: Councillor Imrie (Chair) Councillor Alexander Councillor Bowen Councillor Cassidy Councillor Curran Councillor Drummond Councillor McEwan Councillor McKenzie Councillor McManus (Virtual) Councillor Milligan Councillor Parry Councillor Russell Councillor Scott Councillor Smaill In attendance: Kevin Anderson, Executive Director Place (Virtual) Derek Oliver, Chief Officer Place Peter Arnsdorf, Planning, Sustainable Growth and Investment Manager/ Chief Planning Officer William Venters, Principal Solicitor Hannah Forbes, Democratic Services Officer (Virtual) Maria Perez, Democratic Services Officer 1. Welcome and Apologies Councillor Imrie (Chair) welcomed everyone to the reconvened meeting of the Planning Committee. This meeting was originally scheduled for 10 June 2025 and had been adjourned due to technical difficulties with the webcasting system. Page 5 of 50
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Apologies were received from Councillor McCall, Councillor Pottinger, Councillor Virgo and Councillor Winchester. 2. Order of Business The order of business was as per the agenda distributed ahead of the Planning Committee Meeting of 10 June 2025, other than a late substitute paper for item 5.1. The substitute paper contained amendments requested at the Elected Members Workshop held on Thursday 19 June 2025 and the inclusion of this updated paper in the agenda is subject to the Chair’s approval. The Chair accepted the late paper as urgent business and confirmed that it would be added to the agenda at item 5.1. The substitute paper would be made available on the Council’s website after the meeting. 3. Declarations of Interest The Chair invited the Committee Members to declare their interest in items of the agenda. Declarations of interest and transparency statements can also be presented when any relevant items are discussed. No declarations of interest were intimated at this stage of the proceedings. 4. Minute of Previous Meeting The Minute of the Planning Committee of 29 April 2025 was unanimously approved as the correct record. 5. Reports and Items for Discussion Report No. Report Title Presented by: 5.1 Midlothian Local Development Plan 2 – Housing Land and Shortlisting Planning, Sustainable Growth and Investment Manager/Chief Planning Officer The Planning, Sustainable Growth and Investment Manager/Chief Planning Officer presented the report showing the latest calculations of supply and demand housing and a shortlist of sites to meet the Local Housing Land Requirement (LHLR) for Midlothian Local Development Plan 2 (MLDP2) set at the meeting of Midlothian Council of 25 June 2024. The shortlist portion of the report (contained in appendix A) is presented for consultation and approval. The LHLR figure of 8,851 dwelling units was submitted to the Scottish Ministers as part of the Gate Check Exercise. On 19 September 2024, the Scottish Government formally confirmed that the Gate Check Evidence Report contained Page 6 of 50
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sufficient evidence to progress MLDP2 and confirmed the LHLR figure of 8,851 dwelling units. Based on the figures set out in the 2024 Housing Land Audit (HLA), land for a minimum of 1,660 dwelling units needs to be identified. However, this figure can be adjusted once the 2025 HLA is completed. In addition, it is also a requirement of National Planning Framework 4 (NPF4) that the Local Development Plan identifies areas that may be suitable for housing in the long term. In response to a call for ideas and opportunities exercise and site search exercise by Planning Officers 16,500 locations were identified. This exceeds the number in the LHLR. After removing sites that would be unsuitable due to their environmental, community or infrastructure impact, a shortlist was produced. Following an Elected Members Workshop held on 19 June 2025 some sites were removed from the plan. The recommendation of the report is that the Planning Committee notes the latest position regarding effective local housing land supply, considers the shortlist of new housing sites and removes any that they do not wish are taken forward for further consideration. The Chair added that after the shortlist of sites has been reviewed, amended, and agreed by the Planning Committee at today’s meeting, the Planning Department will be asked to arrange another Elected Members Workshop. This workshop will give Elected Members an opportunity to comment further with a view of a final shortlist to be submitted to the Planning Committee for approval at a future meeting. The Committee advised the Planning Workshop was a useful tool to consider the land, shortlisted sites, and community facilities for the whole Midlothian area rather than at a ward level. This approach allows Elected Members to work as a single Council to determine the future of Midlothian. The Committee drew attention to page 8 in the report which indicates 15 dwelling units were earmarked in St David’s site in the Midlothian South/Newtongrange ward (Site reference SUB123). It was noted that finding sites for this many dwelling units would take over the site of a library that is not earmarked for closure. Councillor Drummond motioned to amend the report and remove St.Davids -Site reference SUB123 from the shortlist in Appendix 1 to the report. Councillor Scott seconded the amendment. The Committee asked if there is any indication of the proposed size of the dwelling units. The Planning, Sustainable Growth and Investment Manager/Chief Planning Officer advised this report focuses on the number of dwelling units in the LHLR and a shortlist of locations to meet this target, the size of the dwelling units and number of bedrooms would be determined at a later time. Page 7 of 50
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The Committee praised the engagement with Community Councils as positive however, expressed concern the Council may be pressured by Scottish Ministers to bring sites removed from the shortlist back into consideration to meet the final number on the LHLR. The Planning, Sustainable Growth and Investment Manager/Chief Planning Officer advised the LHLR numbers are based on the number of dwelling units that the Planning Department is satisfied can be delivered, which is one more unit than Scottish Ministers suggested. If any sites become unconstrained between now and the adoption of MLDP2 they can be added to the list. The Planning, Sustainable Growth and Investment Manager/Chief Planning Officer reminded the Planning Committee the number on the Gate Check Exercise has already been agreed by Scottish Ministers. The Committee raised the potential impact of this many additional dwelling units on infrastructures, like roads, transport, and GP practices. This is a concern for residents as these services are already struggling with the increased population. The Committee stressed the Planning Committee may not be able to support the Midlothian Local Development Plan 2 – Housing Land and Shortlisting report without assurance that the infrastructure to support this growth will be delivered. The Planning, Sustainable Growth and Investment Manager/Chief Planning Officer explained Midlothian Council has a target of new homes to deliver and if the Committee not approve the proposed list of housing sites there is the risk that planning applications could be determined by Scottish Ministers through planning by appeal. The Committee stressed the need to ensure new homes are suited to resident’s needs and asked that the Planning Department considers this when planning applications are received. Further discussion ensued about developer contributions. In the case of schools, the Committee expressed concern that they often do not cover the cost of the development. The Committee stressed the need to review the developer contribution arrangements, due to the rising costs of providing vital infrastructures. The Planning, Sustainable Growth and Investment Manager/Chief Planning Officer advised most developer contributions are indexed for inflationary raises but there are exceptions. Developer contributions also come with limitations such as in what ward they can be utilised. There are increases in developer contributions to make up for inflation If the developer obtains planning permission but there are delays in implementation or completion. The Council also has the duty to return any developer contributions in the even these are not spent in accordance with the terms of legal agreement. Any projects running over budget are at the Council’s risk. The Committee noted some of the infrastructure shortages affecting communities are caused by developers not implementing planning permission and asked whether planning permission could be made legally binding. The Principal Solicitor clarified planning permission is permissive by nature and the Council does not have the power to compel the developer to implement said planning permission. The planning permission can have conditions attached that trigger commencement within a set time (this has been reduced to 3 years by default), Page 8 of 50
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however it is not legally possible to compel completion. Another compounding issue is that in bigger scale developments the phasing can overlap if developers choose to complete building ahead of schedule. The Planning, Sustainable Growth and Investment Manager/Chief Planning Officer concurred there are no legal powers to compel developers to implement planning permission or control completion dates. The Committee agreed there are further downsides to developers delaying implementing planning permission, such as building infrastructure that is not in keeping with current standards and compounding the issue of housing shortage. It was also noted that the sites with planning permission granted during Midlothian Local Development Plan 2017 (MLDP 2017) but not implemented are sitting empty and have implications for MLDP2. The Committee asked the Planning, Sustainable Growth and Investment Manager/Chief Planning Officer to consider deallocating sites as part of the MLDP2 process. The Chair moved to approve the Midlothian Local Development Plan 2– Housing Land and Shortlisting report with the amendment to remove the St.Davids site, reference SUB123. The Chair’s motion was seconded by Councillor McEwan. As an amendment to the motion Councillor Milligan moved that the shortlist of housing sites not be approved. This was seconded by Councillor Alexander. On a show of hands there were 2 votes in favour of the amendment, 1 absentation and 11 votes in favour of the motion which then became the decision of the Committee. The Chair asked the Planning Department to arrange a further Elected Member Workshop to review the shortlist and any potential deallocations. Once the Elected Members have provided feedback a final version of the site shortlist can be submitted to the Planning Committee for decision. Decision The Planning Committee endorsed the recommendations of the Midlothian Local Development Plan 2 – Housing Land and Shortlisting report with the following amendment: St.David’s site reference SUB123 (Midlothian South/Newtongrange to be removed from the shortlist. The Chair also requested the Planning Department carry out an exercise to list and decategorise unused sites with granted planning permission which has not been implemented. A further Elected Members Workshop will be arranged by the Planning Department with a view to make a final list to be presented to the Planning Committee for approval. Page 9 of 50
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Report No. Report Title Presented by: 5.2 Midlothian Local Development Plan 2 – Green Belt Review and Newbattle Strategic Green Space Review Planning, Sustainable Growth and Investment Manager/Chief Planning Officer The Planning, Sustainable Growth and Investment Manager/Chief Planning Officer presented the report, which sought approval of the Green Belt Review and Newbattle Strategic Greenspace Safeguard Assessment findings and to incorporate them into the presentation of the MLDP2. The review of the Green Belt was a requirement of the Gate Check process in which the Scottish Government Reporter requested this is carried out ahead of site selection process in preparation for the MLDP2. The current policy on Green Belts is set through NPF4 which replaced Scottish Planning Policy 21. Under both policies Green Belts are used as planning tools to facilitate compact urban growth and use land around towns and cities sustainably. Green Belts positively impact on the community by providing amenity, enabling access to countryside activities and creating a sense of settlement and place. The Newbattle Strategic Greenspace Safeguard was introduced through MLDP 2017 and aimed to protect this vital green space by preventing development in the area. This policy has been successful to prevent coalescence, however in the Gate Check report the Scottish Government reporter recommended a stronger evidence base in support of the Newbattle Strategic Greenspace Safeguard. The recommendation of the report is that the Planning Committee approves the findings of the Midlothian Green Belt Review and Newbattle Strategic Greenspace Safeguard (including the additions to the protected areas stated in the report) and integrate its recommendations in the MLDP2 proposed plan The Committee noted new areas had been added to the Green Belt in several wards and asked why the designations used to protect these areas vary between ward to ward. The Planning, Sustainable Growth and Investment Manager/Chief Planning Officer explained that there are different protected designations such as, cultivation areas, special landscape areas and nuance can be used to justify why a particular area should fall in these designations. The Committee also noted that some areas that fall within a protected designation have been earmarked for developer interest in the MLDP2 site shortlist. The Planning, Sustainable Growth and Investment Manager/Chief Planning Officer advised that these designations do not stop developer interest. These areas will be considered in a detailed assessment if a planning permission application is received for them. The Planning Committee unanimously approved the Green Belt Review and Newbattle Strategic Greenspace Safeguard Assessment findings and its incorporation into MLDP2. Page 10 of 50
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Decision The Planning Committee unanimously approved the Green Belt Review and Newbattle Strategic Greenspace Safeguard Assessment findings and its incorporation into MLDP2. Report No. Report Title Presented by: 5.3 Planning Guidance: Midlothian Parking Standards Planning, Sustainable Growth and Investment Manager/Chief Planning Officer The Planning, Sustainable Growth and Investment Manager/Chief Planning Officer presented the report for decision. The report seeks agreement to the adoption of new parking standards as planning guidance (a copy of which is attached to the report). The new parking standards would replace the existing standards approved by Cabinet at its meeting of 3 March 2015. The proposed new standards are in response to NPF4’s aim to reduce car dependency, promote active travel and encourage use of public transport. The 2015 Midlothian Planning Standards are attached as appendix C in the report and provided for comparison purposes. Midlothian Council has scope to adopt additional guidance in matters such as parking standards in new developments. It was clarified this paper is not connected to the parking strategy proposed for town centres which is part of Fees and Charges. Planning Committee is recommended to note and adopt the Midlothian Parking Standards 2025 and request its publication in the Council website. The Committee pointed out section 3.3 in the report that states the provision of car parking in new developments is to be reduced. The Committee noted that it is incongruous for the Government to incentivise sales of electric vehicles while the Local Authority penalises residents for buying cars. Councillor Parry and Councillor Curran left the meeting at 12.15pm. The Committee also warned that this reduction of available parking may result in car owners parking over kerbs and grass verges. There is also a known problem in areas developed in 1960-1970 which have insufficient parking space for modern needs, and it would not be sensible to reproduce this environment in new developments. It was also noted that the 1.5 car park spaces per household may result on neighbourhood conflicts. The Planning, Sustainable Growth and Investment Manager/Chief Planning Officer advised this is an average figure obtained through the number of units in the larger developments. Page 11 of 50
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The Committee advised that the public transport network is insufficient for the residents of rural areas. Walking and cycling are weather dependent so there is little alternative to car ownership for many Midlothian residents. The Committee queried the potential risks of not adopting the proposed Parking Standards 2025 policy. The Planning, Sustainable Growth and Investment Manager/Chief Planning Officer advised it would be possible to continue using the 2015 Parking Standards as the Council’s position on the matter; however, this could result in planning application disputes due to discrepancies between the NPF4 guidance and that of the Council’s Parking Standards. Councillor Parry rejoined the meeting at 12.20pm. Councillor McKenzie moved to decline the adoption of the Parking Standards 2025 policy and continue using the 2015 Parking Standards Policy as the Council’s position on the matter This was seconded by Councillor Cassidy. With no members being otherwise minded the motion became the decision of the Committee. Decision The Planning Committee declined the adoption of the Planning Guidance: Midlothian Parking Standards 2025. The Planning Committee confirmed the Parking Standards policy approved by Cabinet at its meeting of 3 March 2015 as Midlothian Council’s default position. Report No. Report Title Presented by: 5.4 24.00537.S36 -Salters Park Battery Energy Storage System, Dalkeith – Scottish Ministers’ Decision Planning, Sustainable Growth and Investment Manager/Chief Planning Officer The Planning, Sustainable Growth and Investment Manager/Chief Planning Officer presented the report for noting. This report informs the Planning Committee of the Scottish Minister’s decision regarding the proposed Battery Energy Storage System (BESS) facility and associated works at Salters Road, Dalkeith. Due to the scale and nature of the development permission was required from the Scottish Government. This was done through a Section 36 application in terms of the Electricity Act 1989 which was to be determined by Scottish Ministers with other parties such as Midlothian Council, as Planning Authority, being consultees. The application was determined on 12 May 2025, with Scottish Ministers granting planning permission subject to conditions set in the cover report. Page 12 of 50
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It was recommended that the Planning Committee notes the outcome of the Section 36 application. Councillor Scott made a motion that the Council apply for a judicial review of the Scottish Minister’s decision, noting the following concerns which remain: BESS have a real risk of fire and explosion which would release toxic fumes which would be carried by the wind. The proposed location is within proximity of housing and a campus serving 2,500 children and young people, some of which are very young or have complex medical needs and would be particularly at risk from the fumes emanating from the BESS in the event of a fire. The noise caused by the operation of the development will negatively affect children with Additional Support Needs. There have been serious incidents in BESS facilities in Aberdeenshire, Essex, and California. The lithium-ion batteries in the proposed application are not the best option as there are alternatives in the market which do not pose the same risks. The decision of the Scottish Ministers does not reflect the views expressed by the Committee in attendance at the Planning Committee meeting of 9 December 2024. This determination does not comment on the concerns raised by the Planning Committee about the safety and the chosen location being unsuitable due to the proximity to the school campus. The Principal Solicitor advised that in terms of the Council’s Scheme of Delegation the decision to raise legal action is not a matter for the Planning Committee but delegated to the Executive Director Place. Due to the sensitive nature of the subject, the Principal Solicitor also advised that the Committee may wish to discuss the item in private in terms of paragraph 12 to Schedule 7A to the Local Government (Scotland) Act 1973. The Planning Committee unanimously agreed to continue the discussion of this matter as a private item. Decision The Planning Committee agreed to continue discussion of this item in private in terms of paragraph 12 to Schedule 7A to the Local Government (Scotland) Act 1973. The Chair advised that the private discussion would take place after the end of the public agenda. If Report No. Report Title Presented by: Page 13 of 50
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5.5 24.00581.ADV - Lidl, 7 St Kentigern Way – Appeal Decision Planning, Sustainable Growth and Investment Manager/Chief Planning Officer The Planning, Sustainable Growth and Investment Manager/Chief Planning Officer presented the report for noting. This report is to advise the Planning Committee of an express advertisement appeal decision regarding the erection of an illuminated flagpole at Lidl, 7 St Kentigern Way, Penicuik EH26 8NB. The express advertisement application was refused, and the applicant was informed on 10 December 2024. An appeal was submitted on 28 February 2025, and a Scottish Government Reporter was appointed to determine the appeal. Following a site visit, the appeal was refused on 12 May 2025. Section 3 in the report details the Reporter’s considerations for refusing the appeal and a copy of the appeal decision letter is attached as appendix A to the report. The Planning Committee is asked to note the outcome of the express advertisement appeal decision. Decision The Planning Committee agreed to note the outcome of the express advertisement appeal decision. Report No. Report Title Presented by: 5.6 24.00661.DPP and 24.00663.LBC - Penicuik High School Report and Planning Application Planning, Sustainable Growth and Investment Manager/Chief Planning Officer The Planning, Sustainable Growth and Investment Manager/Chief Planning Officer presented the report for determination. The report contains an application for planning permission and listed building consent for the redevelopment of Penicuik High School including erection of extensions, partial demolition of buildings, landscaping, internal and external alterations, and associated works at Penicuik High School, 39A Carlops Road, Penicuik. The Planning Committee is asked to note the current Penicuik High School is a category B listed building with sections dating back to the 1930s. The proposed renovation would retain the front of building and retrofit it by installing new windows. The existing Broomhill Day Care Centre will be retained as will the existing music hub building. Page 14 of 50
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The proposed extension has a flat roof and is a three-storey extension with two storey elements. The overall footprint of the extension looks to infill and extend the original 1930s building and courtyard to form a square footprint building. A six phased approach is to be taken to the redevelopment to ensure the school remains open to students. There is no significant road closures proposed during the construction. Presumption is in favour of the development, and it is in keeping with its setting and function and accords with development plan policies. There has been one representation, and six consultation responses received. The Planning Committee is recommended to grant planning permission. The Committee welcomed this application and expressed satisfaction at the plans to keep the original facade of the building which is a rare example of 1930s architecture. The Planning Committee unanimously agreed to grant planning permission subject to conditions specified in the report. Decision The Planning Committee agreed to grant planning permission subject to conditions specified in the report. 6. Private Reports Exclusion of Members of the Public In view of the nature of the business to be transacted, the Committee agreed that the public be excluded from the meeting during discussion of the undernoted item, as contained in the Addendum hereto, as there might be disclosed exempt information as defined in paragraph 12 of Part I of Schedule 7A to the Local Government (Scotland) Act 1973: Any instructions to Counsel and any opinion of Counsel (whether or not in connection with any proceedings) and any advice received, information obtained or action to be taken in connection with (a) any legal proceedings by or against the Authority, or (b) the determination of any matter affecting the Authority, (whether, in either case, proceedings have been commenced or are in contemplation). 7. Date of next meeting The public part of the meeting concluded at 12.37pm. The next meeting of the Planning Committee will be held on Tuesday 26 August 2025. Page 15 of 50
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Planning Committee Tuesday 26 August 2025 Item No 5.1 SECTION 42 APPLICATIONS (24/00161/S42, 24/00162/S42 AND 24/00163/S42) TO AMEND CONDITIONS 1 AND 2 OF EXISTING PLANNING PERMISSIONS THEREBY EXTENDING THE DURATION OF SAND AND GRAVEL EXTRACTION UNTIL 31 DECEMBER 2028 AND THE DEADLINE FOR COMPLETION OF RESTORATION UNTIL 31 DECEMBER 2030 AT TEMPLE QUARRY, OUTERSTON EXTRACTION AREA, GOREBRIDGE AND TEMPLE QUARRY PROCESSING PLANT, GUILDIE HOWES FARM, NORTH MIDDLETON, GOREBRIDGE. THE APPLICATIONS ARE ACCOMPANIED BY AN ENVIRONMENTAL IMPACT ASSESSMENT REPORT SUBMITTED UNDER THE TOWN AND COUNTRY PLANNING (ENVIRONMENTAL IMPACT ASSESSMENT) (SCOTLAND) REGULATIONS 2017. Report by Chief Officer Place 1 SUMMARY OF APPLICATION AND RECOMMENDED DECISION 1.1 In December 1996 planning permission 659/92 was granted for the winning and working of sand and gravel at Outerston Farm, Temple. The original consent was due to expire on 31 December 2012 and was subsequently extended to 31 December 2025 via planning permission 12/00384/DPP. The current application, 24/00161/S42, seeks planning permission to amend condition 1 of planning permission 12/00384/DPP to extend the duration of the extraction operations until 31 December 2028, and the restoration period until 31 December 2030. The application also seeks to amend condition 2 of planning permission 12/00384/DPP to refer to supporting documents submitted with the current application. The application is accompanied by an Environmental Impact Assessment Report which has been submitted under the terms of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017. 1.2 In September 2001 planning permission 01/00228/FUL was granted for the construction of sand and gravel processing site, settlement ponds, and a conveyor belt from the extraction site to the processing site. The processing site and settlement ponds were to be sited at Guildie Howes Farm, North Middleton, Gorebridge. The original planning permission was due to expire on 31 December 2012 and was subsequently extended to 31 December 2025 via planning permission 12/00387/DPP. The Page 16 of 50
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current application, 24/00162/S42, seeks planning permission to amend condition 1 of planning permission 12/00387/DPP to extend the duration of the extraction operations until 31 December 2028, and the restoration period until 31 December 2030. The application also seeks to amend condition 2 of planning permission 12/00387/DPP to refer to supporting documents submitted with the current application. The application is accompanied by an Environmental Impact Assessment Report which has been submitted under the terms of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017. 1.3 In February 2006 planning permission 05/00378/FUL was granted for extension to settlement lagoon facilities at Guildie Howes Farm, North Middleton, Gorebridge. The original consent was due to expire on 31 December 2012 and was subsequently extended to 31 December 2025 via planning permission 12/00388/DPP. The current application, 24/00163/S42, seeks planning permission to amend condition 1 of planning permission 12/00388/DPP to extend the duration of the extraction operations until 31 December 2028, and the restoration period until 31 December 2030. The application also seeks to amend condition 2 of planning permission 12/00388/DPP to refer to supporting documents submitted with the current application. The application is accompanied by an Environmental Impact Assessment Report which has been submitted under the terms of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017. 1.4 There have been no representations and consultation responses have been received from the Coal Authority, Historic Environment Scotland, NatureScot, Scottish Environment Protection Agency (SEPA), Scottish Water, the Council’s Archaeology Advisor, the Council’s Ecological Advisor (TWIC), (ELCAS), and the Council’s Senior Manager Neighbourhood Services (Roads). 1.5 The relevant development plan policies are policies 1, 2, 3, 4, 5, 6, 7, 12, 13, 20, 22, 23, 26, 29 and 33 of the National Planning Framework 4 (NPF4) and policies DEV5, DEV6, DEV7, ECON5, TRAN1, MIN1, MIN2, RD1, ENV6, ENV7, ENV9, ENV10, ENV11, ENV15, ENV17, ENV18, ENV22, ENV25, IMP1, IMP2 and IMP3 of the Midlothian Local Development Plan 2017 (MLDP). 1.6 The recommendation is to grant all three planning permissions subject to conditions. 2 LOCATION AND SITE DESCRIPTION 2.1 The extraction area for Temple Quarry measures 45 hectares in area and is situated at Outerston, which is 2.5 kilometres southeast of Page 17 of 50
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Temple and 2.5 kilometres southwest of North Middleton. The site has been worked on a phased basis from north to south. Approximately 23.3 hectares has been fully worked and restored back to agricultural use, 8.5 hectares is currently in use for extraction, and 13.2 hectares is unworked ground intended for future extraction. 2.2 The extracted material is transported, via a conveyor belt, to a processing area at Guildie Howes, which measures 15 hectares and is situated 700 metres southwest of North Middleton. The processing site comprises wash plant machinery that washes and grades the extracted sand and gravel; storage piles; settlement ponds that are used to collect silt which is a separated from the sand and gravel during the wash process; and offices and staff welfare buildings. 2.3 The extraction area is bounded by unclassified roads to the northeast and southeast; and agricultural ground to the west. The closest residential properties are at Outerston Farm (to the west of the site), Castleton Farm (to the north of the site), and Esperston Quarry Cottages (to the east of the site). 2.4 The processing area is bounded to the south by the waste recycling site at the former Middleton limeworks, to the east by Guildie Howes Farm, to the north by an unclassified road, and to the west by an unclassified road and agricultural land. The closest residential properties are at Guildie Howes Farm (to the east of the site) and Halkerston Farm Cottages (to the east of the site). 2.5 The extraction site, conveyor and processing area are all situated within Moorfot Community Council area. 3 PROPOSAL 3.1 The applications, made under Section 42 of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc. (Scotland) Act 2006 (hereafter referred to as the Act), are to extend the duration of the extraction operations until 31 December 2028, and the restoration period until 31 December 2030. 3.2 A Section 42 application is in itself a planning application - a particular kind of planning application for development without complying with a condition/s previously imposed on an earlier grant of planning permission. A grant of planning permission under Section 42 results in an entirely new planning permission which will supersede the previous permission if implemented. Therefore, if planning permission is granted for this application, it will supersede the three original consents and the three 2012 consents that extended the duration of the operations. 3.3 Although a Section 42 application is a new planning application in law the Act states “on such an application the planning authority shall Page 18 of 50
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consider only the question of the conditions subject to which planning permission should be granted”. The principle, layout and form of development are not subject to assessment. 3.4 Application 24/00161/S42 relates to the extraction area at Outerston. The original consent (659/92) was due to expire on 31 December 2012 and was subsequently extended to 31 December 2025 via planning permission 12/00384/DPP. The current application, 24/00161/S42, seeks planning permission to amend condition 1 of planning permission 12/00384/DPP to extend the duration of the extraction operations until 31 December 2028, and the restoration period until 31 December 2030. In addition, condition 2 will be amended to refer to supporting documents submitted in support of the current application. 3.5 Application 24/00162/S42 relates to the processing area and the conveyor that links it to the extraction area. The original consent (01/00228/FUL) was due to expire on 31 December 2012 and was subsequently extended to 31 December 2025 via planning permission 12/00387/DPP. The current application, 24/00162/S42, seeks planning permission to amend condition 1 of planning permission 12/00387/DPP to extend the duration of the extraction operations until 31 December 2028, and the restoration period until 31 December 2030. In addition, condition 2 will be amended to refer to supporting documents submitted in support of the current application. 3.6 Application 24/00163/S42 relates to additional settlement ponds that were added to the processing area in 2006. The original consent (05/00378/FUL) was due to expire on 31 December 2012 and was subsequently extended to 31 December 2025 via planning permission 12/00388/DPP. The current application, 24/00162/S42, seeks planning permission to amend condition 1 of planning permission 12/00388/DPP to extend the duration of the extraction operations until 31 December 2028, and the restoration period until 31 December 2030. In addition, condition 2 will be amended to refer to supporting documents submitted in support of the current application. 3.7 The applications are accompanied by the following supporting statements: • Planning Statement (submitted 7 March 2024) • Environmental Impact Assessment with chapters and appendices relating to Ecology (submitted 4 November 2024) and Archaeology (submitted 28 April 2025) 4 BACKGROUND Application Site 4.1 Planning permission 659/92 for the winning and working of sand and gravel, the construction of a private haul road, and the progressive Page 19 of 50
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restoration of a site at Outerston Fram, Temple was issued on 31 December 1996. 4.2 Planning permission 01/00228/FUL for the construction of sand and gravel processing site, settlement ponds, and a conveyor belt from the proposed sand and gravel quarry at Outerston Farm (with consequent amendments to planning permission no 659/92, granted on 31 December 1996) at land at Guildiehowes Farm, North Middleton was issued on 10 September 2001. 4.3 Prior notification 03/00363/PNSP for the installation of a chamber over electrical equipment at Temple Quarry Processing Plant, Guildie Howes Farm was issued on 24 June 2003. 4.4 Planning permission 03/00632/FUL for a change of use of agricultural land to provide temporary sand and gravel stockpiles and soil bunding at Temple Quarry Processing Plant, Guildie Howes Farm was issued on 21 November 2003. The permission expired on 30 June 2006. 4.5 Planning permission 05/00378/FUL for extension to settlement lagoon facilities through the extraction of sand and gravel at Temple Quarry Processing Plant, Guildie Howes Farm was issued on 6 February 2006. 4.6 Permissions 659/92, 01/00228/FUL and 05/00378/FUL were all due to expire on 31 December 2012. The durations of the permissions were extended until 31 December 2025 via planning permissions 12/00384/DPP (extending 659/92), 12/00387/DPP (extending 01/00228/FUL), and 12/00388/DPP (extending 05/00378/FUL). All three 2012 permissions were issued on 28 November 2012. 4.7 As part of the assessment of the current application the planning authority issued a screening opinion for the current applications on 18 March 2024. The screening opinion confirmed that the proposals constituted Schedule 1 development and therefore an Environmental Impact Assessment (EIA) was required. 4.8 An EIA Scoping Opinion (reference 24/00362/SCO) was issued on 9 July 2024. Land to north of processing plant 4.9 The applicant has submitted an application for a new extraction site on land to the north of the processing plant. The application (reference 24/00423/DPP) is pending consideration. In advance of the submission of the application a Proposal of Application Notice (reference 23/00662/PAC) was submitted on 10 October 2023 and reported to the Planning Committee’s meeting of 28 November 2023. An EIA Scoping Opinion (reference 23/00661/SCO) was issued on 23 November 2023. Page 20 of 50
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4.10 Due to the Schedule 1 status of the development and the site area the current applications constitute a Major Development, as defined in the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, and therefore they require to be determined by the Committee. 5 CONSULTATIONS 5.1 The Coal Authority has no comments to make on the applications. 5.2 Historic Environment Scotland does not object to the applications and no further comments are made. 5.3 NatureScot does not object to the applications, but has advised that there are natural heritage interests of international importance (the Gladhouse Reservoir and Fala Flow Special Protection Areas) that are connected to this site. NatureScot also advises that these natural heritage interests will not be adversely affected by the proposal. 5.4 The Scottish Environment Protection Agency (SEPA) does not object to the applications but makes recommendations relating to air quality and groundwater. 5.5 Scottish Water does not object to the applications. The response confirms that there are no Scottish Water drinking water catchments or water abstraction sources, which are designated as Drinking Water Protected Areas under the Water Framework Directive, in the area that may be affected by the proposed activity. Scottish Water has live infrastructure in the proximity of the development area and the applicant should contact the Scottish Water Asset Impact Assessment team. 5.6 The Council’s Archaeology Advisor does not object to the application and recommends that a programme of archaeological works is secured via condition. The works will be required at the remaining unquarried areas of the Outerston extraction site. 5.7 The Council’s Ecological Advisor (The Wildlife information Centre - TWIC) does not object to the application and has confirmed that the Preliminary Ecological Appraisals are acceptable. 5.8 The Council’s Senior Manager Neighbourhood Services (Flood Risk and Transportation) does not object to the application. The response notes that there are no issues with the current vehicle access arrangements. 5.9 The Council’s Senior Manager Protective Services (Environmental Health) has offered no comments on the proposal. Page 21 of 50
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5.10 Moorfoot Community Council were consulted on the applications and offered no comments on the proposals. 6 REPRESENTATIONS 6.1 The applications have received no representations. 7 PLANNING POLICY 7.1 The development plan for the area is comprised of National Planning Framework 4 (2023) and the Midlothian Local Development Plan 2017. 7.2 The following policies are relevant to the proposal: National Planning Framework 4 (NPF4) 7.3 Policy 1 Tackling the climate and nature crisis; sets out to encourage, promote and facilitate development that addresses the global climate emergency and nature crisis. 7.4 Policy 2 Climate mitigation and adaptation; sets out to encourage, promote and facilitate development that minimises emissions and adapts to the current and future impacts of climate change. 7.5 Policy 3 Biodiversity; sets out to protect biodiversity, reverse biodiversity loss, deliver positive effects from development and strengthen nature networks. 7.6 Policy 4 Natural Places; sets out to protect, restore and enhance natural assets making best use of nature-based solutions. 7.7 Policy 5 Soils; sets out to protect carbon-rich soils, restore peatlands and minimise disturbance to soils from development. The policy also sets out acceptable scenarios for development on prime agricultural land. 7.8 Policy 6 Forestry, woodland and trees; sets out to protect and expand forests, woodland and trees. 7.9 Policy 7 Historic assets and places; sets out to protect and enhance historic environment assets and places, and to enable positive change as a catalyst for the regeneration of places. 7.10 Policy 12 Zero Waste; sets out to encourage, promote and facilitate development that is consistent with the waste hierarchy. 7.11 Policy 13 Sustainable transport; sets out to encourage, promote and facilitate developments that prioritise walking, wheeling, cycling and public transport for everyday travel and reduce the need to travel unsustainably. Page 22 of 50
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7.12 Policy 20 Blue and green infrastructure; sets out to protect and enhance blue and green infrastructure and their networks. 7.13 Policy 22 Flood risk and water management; sets out to strengthen resilience to flood risk by promoting avoidance as a first principle and reducing the vulnerability of existing and future development to flooding. 7.14 Policy 23 Health and safety; sets out to protect people and places from environmental harm, mitigate risks arising from safety hazards and encourage, promote and facilitate development that improves health and wellbeing. 7.15 Policy 26 Business and industry; sets out to encourage, promote and facilitate business and industry uses and to enable alternative ways of working such as home working, live-work units and micro-businesses. 7.16 Policy 29 Rural development; sets out to encourage rural economic activity, innovation and diversification whilst ensuring that the distinctive character of the rural area and the service function of small towns, natural assets and cultural heritage are safeguarded and enhanced. 7.17 Policy 33 Minerals; sets out to support the sustainable management of resources and minimise the impacts of extraction of minerals on communities and the environment. 7.18 Local Development Plans should support a landbank of construction aggregates of at least 10-years at all times in the relevant market areas, whilst promoting sustainable resource management, safeguarding important workable mineral resources, which are of economic or conservation value, and take steps to ensure these are not sterilized by other types of development. 7.19 Development proposals for the sustainable extraction of minerals will only be supported where they: i. Will not result in significant adverse impacts on biodiversity, geodiversity and the natural environment, sensitive habitats and the historic environment, as well as landscape and visual impacts; ii. provide an adequate buffer zone between sites and settlements taking account of the specific circumstances of individual proposals, including size, duration, location, method of working, topography, and the characteristics of the various environmental effects likely to arise; iii. can demonstrate that there are no significant adverse impacts (including cumulative impact) on any nearby homes, local communities and known sensitive receptors and designations; iv. demonstrate acceptable levels (including cumulative impact) of noise, dust, vibration and potential pollution of land, air and water; Page 23 of 50
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v. minimise transport impacts through the number and length of lorry trips and by using rail or water transport wherever practical; vi. have appropriate mitigation plans in place for any adverse impacts; vii. include schemes for a high standard of restoration and aftercare and commitment that such work is undertaken at the earliest opportunity. As a further safeguard a range of financial guarantee options are available, and the most effective solution should be considered and agreed on a site-by-site basis. Solutions should provide assurance and clarity over the amount and period of the guarantee and in particular, where it is a bond, the risks covered (including operator failure) and the triggers for calling in a bond, including payment terms. Midlothian Local Development Plan 2017 (MLDP) 7.20 Policy DEV5: Sustainability in New Development sets out the requirements for development with regards to sustainability principles. 7.21 Policy DEV6: Layout and Design of New Development states that good design and a high quality of architecture will be required in the overall layout of development proposals. This also provides guidance on design principles for development, materials, access, and passive energy gain, positioning of buildings, open and private amenity space provision and parking. 7.22 Policy DEV7: Landscaping in New Development requires development proposals to be accompanied by a comprehensive scheme of landscaping. The design of the scheme is to be informed by the results of an appropriately detailed landscape assessment. 7.23 Policy ECON5: Industries with Potentially Damaging Impacts states proposals for industrial developments of a kind which may give rise to environmental problems will be assessed with regards to the relevant policies and proposals; to expected economic benefits; and to any benefits to the wider environment of locally harmful industrial operations. The Council will require to be satisfied that any such site is either uniquely suitable for technical reasons or has been selected with a view to minimising environmental impact, and not primarily because of the availability of the land to the intended developer or operator. 7.24 Policy TRAN1: Sustainable Travel aims to encourage sustainable modes of travel. 7.25 Policy MIN1: Areas of Search for Surface Extraction identifies Temple Quarry as being an area for the extraction of sand and gravel where surface mineral extraction may be acceptable in principle. The policy states that the identification of an area of search does not indicate the Council’s acceptance of any particular proposal for the winning and working of a surface mineral resource within any or all of Page 24 of 50
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that area of search. Outwith the areas of search there is a presumption against surface mineral extraction. In addition the policy safeguards mineral resources from sterilisation, in specific circumstances. 7.26 Policy MIN2: Surface Mineral Extraction requires proposals for mineral extraction to meet the criteria set out in the Supplementary Guidance on Resource Extraction. They will not be permitted where they would have a significant adverse effect on communities, sensitive uses or the environment and will only be supported if the Council is satisfied that they are acceptable in relation to the following matters: • effect on the health and amenity of settlements, communities and housing groups or other sensitive uses; • effect on the landscape, in particular that of the Green Belt, Pentland Hills Regional Park, and Special Landscape Area; • effect on soils, in particular prime agricultural land, and peatland; • effect on the water environment; • effect on nature conservation and biodiversity, in particular sites of international, national or local nature conservation value; • effect on the historic environment, in particular: Conservation areas, scheduled monuments, listed buildings, historic gardens and designed landscapes, historic battlefields, significant archaeological sites (and, where relevant, the settings of the aforementioned designated areas or buildings); • effect on the road network, particularly local roads; • cumulative effects of the proposal when combined with other consented or operational mineral extraction or landfill activities; • effect on the local economy in terms of tourism, leisure or recreation; and, • robustness and suitability of proposals for restoration and aftercare. 7.27 In determining applications for surface coal extraction, the Council will also consider any beneficial impacts from extraction in terms of site remediation and stabilisation and/or other permanent physical benefits to the community. 7.28 The extraction of a secondary material (for example, fireclay from a coal extraction site) is supported provided that its removal does not detract from high quality restoration or have unacceptable environmental effects (including from cumulative vehicle movements). In order that the supply and demand for aggregates can be monitored, operators of new aggregates sites will be required to supply annual statements of production and remaining reserves. 7.29 Policy RD1: Development in the Countryside sets out where appropriate development would be acceptable in the countryside subject to defined criteria. One acceptable use is resource extraction in compliance with Policy MIN1. All such development requires being of a scale or character appropriate to the rural area and landscape, Page 25 of 50
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capable of being appropriately accessed and serviced, have acceptable drainage provision and water supply and be accessible by public transport and services, where appropriate. 7.30 Policy ENV6: Special Landscape Areas states that development proposals will only be permitted where they incorporate high standards of siting and design and where they will not have significant adverse effect on the special landscape qualities of the area. 7.31 Policy ENV7: Landscape Character states that development will not be permitted where it significantly and adversely affects local landscape character. Where development is acceptable, it should respect such character and be compatible in terms of scale, siting and design. New development will normally be required to incorporate proposals to maintain the diversity and distinctiveness of the local landscapes and to enhance landscape characteristics where they have been weakened. 7.32 Policy ENV9: Flooding presumes against development which would be at unacceptable risk of flooding or would increase the risk of flooding elsewhere. It states that Flood Risk Assessments will be required for most forms of development in areas of medium to high risk, but may also be required at other locations depending on the circumstances of the proposed development. Furthermore, it states that sustainable urban drainage systems will be required for most forms of development, so that surface water run-off rates are not greater than in the site’s pre-developed condition, and to avoid any deterioration of water quality. 7.33 Policy ENV10: Water Environment requires that new development pass surface water through a sustainable urban drainage system (SUDS) to mitigate against local flooding and to enhance biodiversity and the environment. 7.34 Policy ENV11: Woodland, Trees and Hedges states that development will not be permitted where it could lead directly or indirectly to the loss of, or damage to, woodland, groups of trees (including trees covered by a Tree Preservation Order, areas defined as ancient or semi-natural woodland, veteran trees or areas forming part of any designated landscape) and hedges which have a particular amenity, nature conservation, biodiversity, recreation, landscape, shelter, cultural, or historical value or are of other importance. 7.35 Policy ENV15: Species and Habitat Protection and Enhancement presumes against development that would affect a species protected by European or UK law. 7.36 Policy ENV17: Air Quality states that the Council may require further assessments to identify air quality impacts where considered requisite. It will refuse planning permission, or seek effective mitigation, where development proposals cause unacceptable air quality or dust impacts. Page 26 of 50
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7.37 Policy ENV18: Noise requires that where new noise sensitive uses are proposed in the locality of existing noisy uses, the Council will seek to ensure that the function of established operations is not adversely affected. 7.38 Policy ENV22: Listed Buildings does not permit development which would adversely affect the character or appearance of a listed building, its setting or any feature of special architectural or historic interest. 7.39 Policy ENV25: Site Assessment, Evaluation and Recording requires that where development could affect an identified site of archaeological importance, the applicant will be required to provide an assessment of the archaeological value of the site and of the likely impact of the proposal on the archaeological resource. 7.40 Policy IMP1: New Development ensures that appropriate provision is made for a need which arises from new development. Of relevance in this case are education provision, transport infrastructure; contributions towards making good facility deficiencies; affordable housing; landscaping; public transport connections, including bus stops and shelters; parking in accordance with approved standards; cycling access and facilities; pedestrian access; acceptable alternative access routes, access for people with mobility issues; traffic and environmental management issues; protection/management/compensation for natural and conservation interests affected; archaeological provision and ‘percent for art’ provision. 7.41 Policy IMP2: Essential Infrastructure Required to Enable New Development to Take Place states that new development will not take place until provision has been made for essential infrastructure and environmental and community facility related to the scale and impact of the proposal. Planning conditions will be applied and where appropriate, developer contributions and other legal agreements will be used to secure the appropriate developer funding and ensure the proper phasing of development. 7.42 Policy IMP3: Water and Drainage require sustainable urban drainage systems (SUDS) to be incorporated into new development. 8 PLANNING ISSUES 8.1 The main planning issue to be considered in determining this application is whether the proposal complies with development plan policies unless material planning considerations indicate otherwise. The consultation responses received are material considerations. Principle of development 8.2 Planning permission for the winning and working of sand and gravel at Outerston was granted in 1996 and was renewed in 2012. The site Page 27 of 50
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was given continued support in the subsequent local plans and in the current MLDP it is identified as an area of search for mineral extraction. The planning history of the extraction area is a material consideration in the assessment of the proposal and this application, to extend the period of extraction and restoration, does not change the current presumption in favour of development. 8.3 The processing area was first granted consent in 2001 and subsequently extensions to the processing area were granted in 2003 and 2006. The extant permissions for the processing area were renewed in 2012. The planning history of the processing area is a material consideration in the assessment of the proposal and this application, to extend the period of processing and restoration, does not change the current presumption in favour of development. 8.4 NPF4 was adopted in February 2023. Policy 33 supports the sustainable extraction of minerals (including the continued use of existing sites rather than opening up new site). The applications relate to existing areas of extraction and processing which are operating in compliance with points i to vii of Policy 33 d). The adoption of NPF4 has not changed the presumption in favour of ongoing development. Habitat Regulations Appraisal 8.5 The Conservation (Natural Habitats, &c.) Regulations 1994 (hereinafter referred to as the Habitats Regulations) require competent authorities, such as the planning authority, to consider whether a proposal could affect a European protected site. If a proposal will have a “likely significant effect” on a European protected site the competent authority must carry out an “appropriate assessment”, this is commonly referred to as Habitats Regulations Appraisal (HRA). 8.6 The Special Protection Areas (SPAs) at Gladhouse Reservoir and Fala Flow are European protected sites due to the significant wintering populations of pink-footed geese that they accommodate. The geese feed on arable stubble fields in the areas surrounding the SPAs, including fields in the vicinity of the Temple Quarry sites. 8.7 The relatively small size of habitat taken up by the extraction working area and void, and the phased restoration of the site will reduce the impact on the geese populations. Furthermore, the fact that work has been ongoing at the sites since the 1990s means that the geese will be habituated to activity at these locations and therefore the ability of the geese to find other foraging areas will mean that the conservation objectives of the SPAs will not be undermined with regards to habitat deterioration for pink-footed geese. The planning authority has undertaken an HRA and determined that whilst the proposal represents a likely significant effect it will not adversely affect the integrity of the SPA sites. Page 28 of 50
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Environmental Impact Assessment 8.8 As is noted above (paragraph 4.7), the planning authority advised on 18 March 2024 that the proposals constituted Schedule 1 development, as defined in Schedule 1 of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (EIA regulations), and therefore an Environmental Impact Assessment (EIA) would be required. Under the terms of Schedule 1 category 19 of the EIA regulations, all quarries where the surface of the site exceeds 25 hectares are considered to be Schedule 1 development. 8.9 It was agreed via the Scoping Opinion process that the EIA Report should contain chapters on Ecology and Biodiversity, and Archaeology and Cultural Heritage. It was also agreed that due to the fact that the proposal would not result in any change to the existing operation practices the following matters could be scoped out of the EIA Report: • Landscape & Visual Impact Assessment • Noise • Dust & Air Quality • Vibration • Hydrology & Hydrogeology • Traffic & Transport • Human Health • Vulnerability to Accidents & Disasters • Cumulative Effects 8.10 Chapter 6 of the EIA Report deals with Ecology matters. Preliminary Ecological Appraisals (PEA) for Guildie Howes (November 2023) and Outerston (June 2024) are included as appendices to the report. The PEAs have established a biodiversity baseline for the sites and their surrounding areas. The proposals will not have any significant impact on any protected species and once restoration is completed there will be a net gain in biodiversity when compared to the existing situation. 8.11 To formulate a strategy for biodiversity net gain a mitigation hierarchy has been applied. Opportunities to avoid any potential impacts were first explored, then mitigation to protect existing ecological features and finally compensation measures, during restoration, to replace any losses. The chapter lists the following measures that will be adopted to assist in delivering a net gain in biodiversity: • Adjacent habitats of value will be protected during restoration through the installation of root protection areas and implementation of pollution prevention techniques. • Nesting bird checks prior to any vegetation removal or removal of sandbanks within the breeding bird season. • Planting of species-rich hedegrows at both sites. • Formation of a wet meadow with riparian tree planting at the Guildie Howes site. Page 29 of 50
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• Formation of a pond at the Outerston site. • Installation of a barn owl box at Outerston. • Installation of bat boxes at both sites. • Installation of two hibernacula (an underground chamber with rocks and logs which provide a potential habitat for reptiles and amphibians) at Outertson. 8.12 Chapter 7 of the EIA Report deals with Archaeology matters. A Gazetteer of Heritage Assets is included as an appendix to the report. The chapter identifies three archaeological assets within the Outerston site and the possibility of previously unidentified features within the unworked area. The chapter recommends archaeological evaluation be undertaken prior to extraction taking place in the remaining unexcavated area of Outerston. Due to the existing works that have already taken place at Guildie Howes no further evaluation will be required at that site. Amendment to conditions 8.13 The applications seek to extend the duration of the extraction period by three years and the duration of the restoration period by five years. This is to allow the continued extraction of the resource. It is not uncommon to adjust the operational time periods of resource extraction sites in response to fluctuating demands for materials which influences the rates of extraction, the ability to extract more material than originally expected and to ensure the best possible restoration programme. 8.14 The consequence of extending the duration of the extraction and processing operations is that the environmental impacts of the development will be extended over a longer period. The existing extraction and processing operations have not generated any significant complaints and the planning authority is satisfied that the two sites are being effectively managed. The amendments to the conditions are acceptable Restoration bond 8.15 The applicant is a member of the Mineral Products Association (MPA) and therefore the works at Outerston at Guildie Howes are covered by the MPA’s Restoration Guarantee Fund which provides a £1million overall guarantee against restoration default. In addition, an insurance policy style bond, in favour of the landowner, is in place for the Guildie Howes site. 9 RECOMMENDATION 9.1 That planning permission be granted for the following reason: The extraction site is identified as a mineral extraction site within the Midlothian Local Development Plan 2017 and the processing area is an Page 30 of 50
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established development associated with the extraction site; as such there is a presumption in favour of the proposed development. This presumption in favour of development is not outweighed by any other material considerations. The proposed amendments to conditions 1 and 2 are considered not to undermine this policy position or have long term detrimental environmental impact. The proposal complies with the relevant policies of National Planning Framework 4 and the Midlothian Local Development Plan 2017. Subject to the following conditions: 24/00161/S42 1. Permission for the winning and working of sand and gravel at Outerston Farm is granted for a limited period of up to 31 December 2028; and the restoration of the extraction site to a condition suitable for agriculture, or such other after use as may be approved by the planning authority, shall be completed by the 31 December 2030. Reason: To accord with the provisions of Section 58 of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning (Scotland) Act 2019). 2. The development hereby approved shall be carried out in accordance with the application plans, and the details specified in the accompanying planning statement, dated March 2024, and the Environmental Impact Assessment report, dated 4 November 2024 and 28 April 2025. 3. The development hereby approved shall be carried out in accordance with the schedule of conditions attached to planning permission 659/92 (copy attached as an appendix to this decision notice) dated 31 December 1996 except for conditions 8, 9, 15, 16 & 17 of that planning permission. Reason for conditions 2 and 3: To make clear the extent and specification of the development for which planning permission is granted. 4. Within three months of the date of this permission the applicant shall submit to the planning authority, for approval in writing, the terms of appointment by the applicant of an independent and suitably qualified environmental consultant as Planning Monitoring Officer (PMO). The terms of appointment shall: a) impose a duty to monitor compliance with the terms of the conditions attached to this planning permission; Page 31 of 50
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b) require the PMO to submit a six-monthly report to the planning authority summarising works, including details of extraction rates and site restoration progress, undertaken on site during the relevant reporting period; c) require the PMO to report to the planning authority any incidences of non-compliance with the terms of the planning permission and conditions attached to it at the earliest practical opportunity, and d) monitor any remedial work undertaken due to noncompliance with point c to ensure work is undertaken to required standard and in accordance with consent. The PMO shall be appointed on the approved terms throughout the period from the appointment date, to be agreed by the planning authority and applicant following agreement of the terms of appointment, to completion of post construction restoration works, unless otherwise agreed in writing by the planning authority. The PMO shall be given access to the site at all reasonable times, and to digital and written records as necessary to fulfil their duties. Reason: To accord with the provisions of Regulation 30 of The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017. 5. Prior to the commencement of extraction works, on any areas which have not been subject to extraction, between the months of March and October (inclusive), annual bird surveys shall be carried out over the site by a suitably qualified ecologist. These surveys shall serve to confirm the presence/absence of these species and help to identify any nest sites requiring protection. Any nest sites likely to be affected by works (either directly or indirectly) shall be avoided until the birds have left the nest. Reason: To safeguard protected species. 6. Extraction shall not begin on any areas which have not been subject to extraction until the applicant has undertaken and reported upon a programme of archaeological (evaluation) work in accordance with a written scheme of investigation which has been submitted by the applicant (or their agent) and approved by the planning authority. Reason: To ensure the development does not result in the unnecessary loss of archaeological material. 7. Prior to the commencement of final restoration works, an updated Preliminary Ecological Appraisal shall be submitted to and approved in writing by the planning authority. Restoration works Page 32 of 50
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thereafter shall comply with the recommendations, mitigation measures and enhancement measures in the approved updated Preliminary Ecological Appraisal or such alternatives as may be agreed in writing by the planning authority. Reason: To safeguard protected species. 8. Restoration of the site shall comply with the details shown on Figure 1-2 of the approved Environmental Impact Assessment Report (drawing number P1/1859/5D) and the Biodiversity Net Gain measures detailed in paragraphs 6.72 to 6.86 of Volume 1 – Written Statement of the approved Environmental Impact Assessment Report, or such alternatives as may be agreed in writing by the planning authority. Thereafter any trees or shrubs removed, dying, becoming seriously diseased or damaged within five years of planting shall be replaced in the following planting season by trees/shrubs of a similar species to those originally required. Reason: To ensure that the restored site is provided with adequate landscape mitigation and biodiversity habitat enhancements. 24/00162/S42 1. Permission for the winning and working of sand and gravel at Outerston Farm is granted for a limited period of up to 31 December 2028; and the restoration of the sand and gravel processing site, settlement ponds/lagoons, and conveyor belt to a condition suitable for agriculture, or such other after use as may be approved by the planning authority, shall be completed by the 31 December 2030. Reason: To accord with the provisions of Section 58 of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning (Scotland) Act 2019). 2. The development hereby approved shall be carried out in accordance with the application plans, and the details specified in the accompanying planning statement, dated March 2024, and the Environmental Impact Assessment report, dated 4 November 2024 and 28 April 2025. 3. The development hereby approved shall be carried out in accordance with the conditions attached to planning permission 01/00228/FUL (copy attached as an appendix to this decision notice) dated 10 September 2001. Reason for conditions 2 and 3: To make clear the extent and specification of the development for which planning permission is granted. Page 33 of 50
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4. Within three months of the date of this permission the applicant shall submit to the planning authority, for approval in writing, the terms of appointment by the applicant of an independent and suitably qualified environmental consultant as Planning Monitoring Officer (PMO). The terms of appointment shall: a) impose a duty to monitor compliance with the terms of the conditions attached to this planning permission; b) require the PMO to submit a six-monthly report to the planning authority summarising works, including details of site restoration progress, undertaken on site during the relevant reporting period; c) require the PMO to report to the planning authority any incidences of non-compliance with the terms of the planning permission and conditions attached to it at the earliest practical opportunity, and d) monitor any remedial work undertaken due to noncompliance with point c to ensure work is undertaken to required standard and in accordance with consent. The PMO shall be appointed on the approved terms throughout the period from the appointment date, to be agreed by the planning authority and applicant following agreement of the terms of appointment, to completion of post construction restoration works, unless otherwise agreed in writing by the planning authority. The PMO shall be given access to the site at all reasonable times, and to digital and written records as necessary to fulfil their duties. Reason: To accord with the provisions of Regulation 30 of The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017. 5. Prior to the commencement of restoration works, an updated Preliminary Ecological Appraisal shall be submitted to and approved in writing by the planning authority. Restoration works thereafter shall comply with the recommendations, mitigation measures and enhancement measures in the approved updated Preliminary Ecological Appraisal or such alternatives as may be agreed in writing by the planning authority. Reason: To safeguard protected species. 6. Restoration of the site shall comply with the details shown on Figure 1-3 of the approved Environmental Impact Assessment Report (drawing number T06/TEM/2202/0001) and the Biodiversity Net Gain measures detailed in paragraphs 6.72 to 6.86 of Volume 1 – Page 34 of 50
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Written Statement of the approved Environmental Impact Assessment Report, or such alternatives as may be agreed in writing by the planning authority. Thereafter any trees or shrubs removed, dying, becoming seriously diseased or damaged within five years of planting shall be replaced in the following planting season by trees/shrubs of a similar species to those originally required. Reason: To ensure that the restored site is provided with adequate landscape mitigation and biodiversity habitat enhancements. 24/00163/S42 1. Permission for the winning and working of sand and gravel at Outerston Farm is granted for a limited period of up to 31 December 2028; and the restoration of the sand and gravel processing site, settlement ponds/lagoons, and conveyor belt to a condition suitable for agriculture, or such other after use as may be approved by the planning authority, shall be completed by the 31 December 2030. Reason: To accord with the provisions of Section 58 of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning (Scotland) Act 2019). 2. The development hereby approved shall be carried out in accordance with the application plans, and the details specified in the accompanying planning statement, dated March 2024, and the Environmental Impact Assessment report, dated 4 November 2024 and 28 April 2025. 3. The development hereby approved shall be carried out in accordance with the conditions attached to planning permission 05/00378/FUL (copy attached as an appendix to this decision notice) dated 10 September 2001. Reason for conditions 2 and 3: To make clear the extent and specification of the development for which planning permission is granted. 4. Within three months of the date of this permission the applicant shall submit to the planning authority, for approval in writing, the terms of appointment by the applicant of an independent and suitably qualified environmental consultant as Planning Monitoring Officer (PMO). The terms of appointment shall: a) impose a duty to monitor compliance with the terms of the conditions attached to this planning permission; Page 35 of 50
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b) require the PMO to submit a six-monthly report to the planning authority summarising works, including details of site restoration progress, undertaken on site during the relevant reporting period; c) require the PMO to report to the planning authority any incidences of non-compliance with the terms of the planning permission and conditions attached to it at the earliest practical opportunity, and d) monitor any remedial work undertaken due to noncompliance with point c to ensure work is undertaken to required standard and in accordance with consent. The PMO shall be appointed on the approved terms throughout the period from the appointment date, to be agreed by the planning authority and applicant following agreement of the terms of appointment, to completion of post construction restoration works, unless otherwise agreed in writing by the planning authority. The PMO shall be given access to the site at all reasonable times, and to digital and written records as necessary to fulfil their duties. Reason: To accord with the provisions of Regulation 30 of The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017. 5. Prior to the commencement of restoration works, an updated Preliminary Ecological Appraisal shall be submitted to and approved in writing by the planning authority. Restoration works thereafter shall comply with the recommendations, mitigation measures and enhancement measures in the approved updated Preliminary Ecological Appraisal or such alternatives as may be agreed in writing by the planning authority. Reason: To safeguard protected species. 6. Restoration of the site shall comply with the details shown on Figure 1-3 of the approved Environmental Impact Assessment Report (drawing number T06/TEM/2202/0001) and the Biodiversity Net Gain measures detailed in paragraphs 6.72 to 6.86 of Volume 1 – Written Statement of the approved Environmental Impact Assessment Report, or such alternatives as may be agreed in writing by the planning authority. Thereafter any trees or shrubs removed, dying, becoming seriously diseased or damaged within five years of planting shall be replaced in the following planting season by trees/shrubs of a similar species to those originally required. Page 36 of 50
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Reason: To ensure that the restored site is provided with adequate landscape mitigation and biodiversity habitat enhancements. Peter Arnsdorf Planning, Sustainable Growth and Investment Manager Date: 15 August 2025 Application No: 24/00161/S42, 24/00162/S42 & 24/00163/S42 Applicant: Breedon Trading Limited Agent: Breedon Trading Limited Validation Date: 7 March 2024 Contact Person: Graeme King, Planning Officer Email: graeme.king@midlothian.gov.uk Background Papers: 659/92, 01/00228/FUL, 03/00363/PNSP, 03/00632/FUL, 05/00378/FUL, 12/00384/DPP, 12/00387/DPP, 12/00388/DPP, 24/00362/SCO, 24/00661/SCO, 24/00662/PAC & 24/00423/DPP Attached Plans: Location plan, restoration plans Page 37 of 50
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N Midlothian Council Fairfield House 8 Lothian Road Dalkeith, EH22 3AA Reproduced from the Ordnance Survey map with the permission of the controller of Her Majesty's Stationary Office. Crown copyright reserved. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Planning Service Place Directorate Midlothian Council Licence No. AC0000811376 (2025) All Applicatons: - 24/00161/S42 - 24/00162/S42 - 24/00163/S42 Scale 1:15000 24-00161-S42 24-00162-S42 24-00163-S42 Page 38 of 50
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X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 205 205 210 210 210 230 230 230 230 230 225 205 210 210 215 215 215 215 215 220 220 220 220 220 220 220 225 225 225 225 225 225 225 225 225 220 225 225 225 225 210 EP EP 332800E 332800E 333000E 333000E 333200E 333200E 333400E 333400E 333600E 657000N 657200N 657400N 657400N 657600N 657600N 657800N 657800N 658000N 658000N 658200N 658200N Revisions Drawn By Date Scale(s) Chkd Site Ref. Company Site Project Title Drawing No. Based on the Ordnance Survey Digital Map Data with the permission of Her Majesty’s Stationery Office, Crown Copyright. Licence No.100018131 DW 21 May 2021 1 : 2,500 TEMPLE QUARRY (Outerston) MINERAL EXTRACTION FINAL RESTORATION P1 / 1859 / 5D KEY : LIMIT OF WORKING LAND RESTORED TO AGRICULTURE TREE AND SHRUB PLANTING PROPOSED CONTOURS (mAOD) XX X EXISTING VEGETATION DRAINAGE DIRECTION NEW SHELTERBELT P2 P1 230 230 229 229 228 228 227 227 226 225 224 223 222 220 219 210 210 211 212 213 214 215 218 217 217 216 226 226 231 NEW STOCKPROOF FENCING & HEDGEROW TO FIELD BOUNDARY H1 H2 NEW STOCKPROOF FENCING & HEDGEROW TO FIELD BOUNDARY Note: Restoration areas to progress at approximately 3.0 hectares per year 221 221 H3 POND 2 Page 39 of 50
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Proposed Gapping Up / Re-Instatement of Existing Hedgerows Proposed Intermittent Native Broadleaf Trees. Species To Include: Beech - Fagus sylvatica Oak, Sessile - Quercus petraea Birch, Silver - Betula pendula Rowan - Sorbus aucuparia Proposed Field Gates Existing Trees Retained Undisturbed A A B B Existing Office/Weighbridge Area Restored To Agricultural Yard Proposed New Native Hedgerows Proposed Agricultural Grassland, using Emorsgate EG26 (Standard Old Fashioned Grazing Mixture) Proposed Riparian Restoration Tree & Scrub Planting. Species to Include: Alder - Alnus glutinosa, Birch, downy - Betula pubescens, Willow, white - Salix alba Proposed Wet Grassland Meadow, use Emorsgate EG8 (Meadow Grass Mixture For Wet Soils) with a sowing rate of 5g per m2 Proposed Stockproof Fencing To Limit Livestock Access to Stream 239m 238m 237m 236m 235m 234m 233m 232m 231m 230m 229m 228m 227m 226m 225m 224m 223m 222m 221m 220m 219m 218m 217m 216m 215m 214m 213m 212m 211m 210m 227m 226m 225m 224m 223m 222m 221m 220m 219m 209m 208m 234m 218m 215m 219m 218m218m 228m 229m 230m 228m 229m 230m 231m Application Boundary Existing Trees Retained Undisturbed Existing Contours - Site Survey September 2020 (At 1m Intervals) Proposed Final Restoration Contours (At 1m Intervals) Proposed Agricultural Yard Proposed Stockproof Fencing Proposed Field Gates Proposed Intermittent Native Broadleaf Trees Proposed Riparian Trees Proposed Gapping Up and Re-Instatement of Existing Hedgerows Proposed New Native Hedgerows Proposed Agricultural Grassland Proposed Wet Grassland Meadow DESCRIPTION OF FINAL RESTORATION The proposed restoration will return the site to agricultural pasture, native tree and hedgerow vegetation, riparian trees and wet grassland. A grass grazing seed mixture (see below) has been selected for all of the agricultural grassland. Where the restoration area is near to the existing stream in the eastern extent of the site, a small area is proposed to be fenced off to allow for restoration of the streams riparian corridor. All existing localised hedgeows are to be enhanced by gap planting. The proposed native hedgerows would be in accordance with the species mix below. Small pockets and individual broadleaf trees have also been proposed to be planted throughout the site. · Woodland Mixes: Intermittent Native Broadleaf Trees 25% Beech (Fagus sylvatica) 25% Sessile Oak (Quercus petraea) 25% Silver Birch (Betula pendula) 25% Rowan (Sorbus aucuparia) Riparian Restoration Tree & Scrub Planting 35% Alder (Alnus glutinosa) 35% Downy Birch (Betula pubescen) 30% White Willow (Salix alba) · Hedegrow Mixes: New Native Hew Hedgerows & Hedgerow Gapping Up Areas 35% Hazel (Fagus sylvatica) 45% Hawthorn (Quercus petraea) 5% Goat Willow (Betula pendula) 5% Guelder Rose (Sorbus aucuparia) 10% Blackthorn (Prunus spinosa) · Grass Mixes: Proposed Agricultural Grassland Standard Old Fashioned Grazing Mixture (Emorsgate EG26 Species Mix): 12% Crested Dogstail (Cynosurus cristatus) 9% Cocksfoot (Dactylis glomerata) 12% Strong-creeping Red-fescue (Festuca rubra) 35% Perennial Ryegrass (Lolium perenne) 6% Smaller Cat's-tail (Phleum bertolonii) 9% Smooth-stalked Meadow-Grass (Poa-pratensis) 12% Meadow Fescue (Schedonorus pratensis (Festuca pratensis)) 3% Red Clover (Trifolium pratense) 2% Small Leaved White Clover (Trifolium repens) (Overseeded at a rate of 4g per m2) Proposed Wet Grassland Meadow Meadow Grass Mixture for Wet Soils (Emorsgate EG8 Species Mix): 12.5% Common Bent (Agrostis capillaris) 3.75% Meadow Foxtail (w) (Alopecurus pratensis) 3.75% Sweet Vernal-grass (w) (Anthoxanthum odoratum) 3.75% Quaking Grass (w) (Briza media) 32.5% Crested Dogstail (Cynosurus cristatus) 2.5% Tufted Hair-grass (w) (Deschampsia cespitosa) 35% Red Fescue (Festuca rubra) 6.25% Meadow Fescue (Schedonorus pratensis (Festuca pratensis)) (Overseeded at a rate of 5g per m2) TEMPLE QUARRY T06/TEM/2202/001 Guildie Howes - Final Restoration KEY DATE BY PAPER SCALE QA REV JD 1:2,500A3 -DFFEB 2022 NORTH TPQ-002K Landscape Plan.dwg © Crown copyright, All rights reserved. 2021 Licence number 100020565. © Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS 250 50 75 100 125m Page 40 of 50
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Planning Committee Tuesday 26 August 2025 Item No 5.2 APPLICATION FOR PLANNING PERMISSION 25/00134/DPP FOR CHANGE OF USE FROM BUILDING MERCHANT (SUI GENERIS) TO CAR HIRE BUSINESS (SUI GENERIS) (RETROSPECTIVE) AT 1A CLERK STREET, LOANHEAD. Report by Chief Officer Place 1 SUMMARY OF APPLICATION AND RECOMMENDED DECISION 1.1 The application is for retrospective change of use from a building merchant (sui generis) to car hire business (sui generis) at 1A Clerk Street, Loanhead. 1.2 There has been one representation and consultation responses from Scottish Gas Network, Scottish Power Energy Network, the Loanhead and District Community Council and the Council’s Senior Manager Neighbourhood Services (Roads). 1.3 The relevant development plan policies are 1, 9, 14 and 26 of National Planning Framework 4 (NPF4) and policies DEV2, ENV16 and ECON1 of the Midlothian Local Development Plan 2017 (MLDP). 1.4 The recommendation is to grant planning permission subject to conditions. 2 LOCATION AND SITE DESCRIPTION 2.1 The application site comprises a yard/vehicle parking area, office building and shed building and is located at the edge of Loanhead town centre. The site is predominantly an open hard surface area (paviours) with the office building located on the north side of the site and the shed in the southeast corner of the site. 2.2 The office building is two storeys in height and is finished externally with buff brick and reconstituted stone elevations and a slate roof. The large shed building is constructed in corrugated metal. The site is enclosed by blockwork and brick walls and metal and timber fencing, with a metal gate across the site access. 2.3 The application site is accessed via an opening on Clerk Street. There are buildings on either side of the entrance, with a jewellery repair shop Page 41 of 50
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on one side and a residential dwelling on the other. To the rear the application site is bounded by a grass playing field. 3 PROPOSAL 3.1 It is proposed to retrospectively change the use of the site from a building merchant (sui generis) to a car hire business (sui generis). 3.2 The vehicles available for hire at the site include a mix of 4x4 trucks, standard cars, electric cars and plug-in hybrid cars. 3.3 It is proposed for the premises to be open between 8am-6pm, Monday to Friday, 8am-12pm on Saturdays and it will be closed on Sundays. There will typically be between five and ten vehicle pickups per day. There are two members of staff based in the office and six staff members who deliver the hire vehicles to customers and pick them up again. No members of the public will be visiting the site - individual staff members deliver vehicles to and from the site. 3.4 At present the application site consists of an open hard surface area with 44 designated car parking spaces. The applicant has confirmed that the overall fleet consists of 225 to 250 cars for hire. However, most of these vehicles are away from the site on long term hire agreements. Typically, there will be between 20 and 30 cars on site for rental at any one time. The applicant also states that employee parking of 10 spaces will be provided. Therefore, it is expected that there will be an average of 30 to 40 vehicles on site. 3.5 There are no proposed changes to the buildings or the yard area. The office will remain as an office and the large shed will continue to be used for storage associated with the car hire business. 3.6 The application was accompanied by a Supporting Statement (with additional clarification by way of an Email Supporting Statement) which set out the details outlined above in paragraphs 3.2 – 3.5. 4 BACKGROUND 4.1 Planning application 06/00038/FUL for the erection of office building at the application site was granted planning permission. The applicants were C and W Assets Ltd. This planning permission was implemented/office building built. 4.2 The Town and Country Planning (Use Classes) (Scotland) Order 1997 (as amended) categorises different land uses into different classes to enable planning practitioners and decision makers to determine if a change of use of land or buildings is proposed or has occurred – sui generis land uses have been referenced in this report. A sui generis use is a bespoke use which falls outwith the use class structure, and it Page 42 of 50
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means it is of its ‘own kind’, or class. A change of use to, or from, a sui generis use requires planning permission. 4.3 The planning application was called to Committee for determination by Councillor Parry to enable the Committee to consider the proposal further. 5 CONSULTATIONS 5.1 Both the Scottish Gas Network and Scottish Power Energy Network confirmed that there is no strategic infrastructure in, below or above, the site and as such would not make comment on the application. 5.2 The Loanhead and District Community Council (LDCC) objects to the application. The LDCC submitted two separate sets of comments. The first response was received on 13 May 2025 - the grounds for objection are as follows: • The applicant has outlined that there were originally 50 parking spaces on the site. Previously, when the property was being used as a building merchant yard there were never 50 parking spaces. • It is understood that a sump tank for waste has been installed on the property, but this was not mentioned in the application documents. • Local residents have reported that large transporters, too big to enter the yard, have parked on Fountain Place, blocking access to driveways and adding to the parking problems in the area. 5.3 The second response was received on 15 July 2025 and raised the following points: • The suggestion that individual drivers deliver the vehicles is an inappropriate answer to concerns raised by local residents to the problem of large transporters unable to enter the yard. • There is a genuine concern that pedestrian safety is being put at risk alongside the inconvenience to local residents. • As a minimum there should be a policy that all delivery drivers must follow when delivering vehicles. • Regarding the sump, it is accepted that it has not been installed. However, there is no explanation as to how a silt trap and petrol inceptor operates. This should have been included as part of the application to allow any health and safety issues to be assessed. • There is potential for parking problems, as there are 30 designated parking spaces but the average number of cars on the site is between 30 and 40. 5.4 The Council’s Senior Manager Neighbourhood Services (Roads) does not object to the application and states that while it is expected that there may be an increase in trips into an already congested area Page 43 of 50
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because of this development - the parking arrangements within the site are acceptable. 6 REPRESENTATIONS 6.1 The application has received one neutral representation which can be viewed in full on the online application case files. The representor states that parking is already difficult in the area and questions whether the vehicles associated with the proposal will be confined to the depot or will they also be using on street parking. 7 PLANNING POLICY 7.1 Planning policy currently comprises of National Planning Framework 4 and the adopted Midlothian Local Development Plan 2017. The following policies are relevant to the proposal: National Planning Framework 4 (NPF4) 7.2 Policy 1: Tackling the Climate and Nature Crises aims to encourage, promote and facilitate development that addresses the global emergency and nature crisis. 7.3 Policy 9: Brownfield, Vacant and Derelict Land and Empty Buildings aims to encourage, promote and facilitate the reuse of brownfield, vacant and derelict land and empty buildings, and to help reduce the need for greenfield development. 7.4 Policy 14: Design, Quality and Place aims to encourage, promote and facilitate well designed development that makes successful places by taking a design-led approach and applying the Place Principle. a) Development proposals will be designed to improve the quality of an area whether in urban or rural locations and regardless of scale. b) Development proposals will be supported where they are consistent with the six qualities of successful places. c) Development proposals that are poorly designed, detrimental to the amenity of the surrounding area or inconsistent with the six qualities of successful places, will not be supported. 7.5 Policy 26: Business and Industry aims to encourage, promote and facilitate business and industry uses and to enable alternative ways of working such as home working, live-work units and micro-businesses. Midlothian Local Development Plan 2017 (MLDP) 7.6 Policy DEV2: Protecting Amenity within the Built-Up Area states that development will be permitted within existing and future built-up areas, unless it is likely to detract materially from the existing character or amenity of the area. Page 44 of 50
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7.7 Policy ENV16: Vacant, Derelict and Contaminated Land states that the Council will support the redevelopment of vacant and derelict land provided that the new use does not conflict with other policies of the local development plan, particularly policy DEV2. 7.8 Policy ECON1: Existing Employment Locations states existing business, and industrial locations will be safeguarded against loss. Within these areas, economic development, redevelopment or expansion will be supported where it: A. Would contribute to an employment to an employment density commensurate with the type of development proposed. B. Would be compatible with neighbouring uses. C. Would not have a detrimental impact on the amenity of the area; and D. Could mitigate any infrastructure deficiency or requirements. 8 PLANNING ISSUES 8.1 The main planning issue to be considered in determining this application is whether the proposal complies with development plan policies unless material planning considerations indicate otherwise. The representation and consultation responses received are material considerations. Principle of Development 8.2 The application site lies within the built-up area of Loanhead and sits on the edge of the town centre. There are a range of different uses that would be expected to be found in a town centre and surrounding area, including retail and residential uses. Policy DEV2 of the MLDP sets out a presumption in favour of development in the built-up area provided it does not detrimentally impact the character and amenity of the area. 8.3 The site was previously used as a building merchants. The site was vacant for a period after this use ceased. It is not uncommon to find car hire firms located on sites like the application site, because of the room to store vehicles and being in close proximity to other services and public transport links. 8.4 While a car hire firm is sui generis in terms of its land use there are some similarities in how the two different businesses (the building merchant and car hire firm) operate, particularly in terms of having an office/reception area and dealing with deliveries. The impact on the surrounding area will also be similar. The proposal allows for the site to be brought back into a productive commercial use which generates employment. As a result, the general principle of the development is acceptable. Page 45 of 50
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Parking/Road Safety 8.5 The planning application is subject to an objection from the LDCC on account of concerns regarding potential inconsiderate and unsafe vehicle movements and parking. They have stated that there will likely be overflow parking issues and that large low-loaders have been blocking the road and driveways in the area. 8.6 The applicant has confirmed that there were previously 44 designated parking spaces on the site. The applicant has also confirmed that no members of the public will visit the site. Vehicles being hired will be delivered and picked up by employees who drive the vehicles to and from their customers. It has been stated, by the applicant, that the site will have eight members of staff at the site, with two being office based and six involved in delivering and collecting the hire vehicles. 8.7 While the applicant has stated that there is a maximum number of 250 vehicles in their fleet it is important to note that all these vehicles will not be present at the application site as they are mostly on long-term lease agreements. There will be a residual storage of 20 to 30 vehicles within the application site. The applicant states that along with the 20 to 30 hire vehicles there will also be a requirement for ten staff parking spaces, resulting in an on-site need for a maximum of 40 vehicles at one time. 8.8 It is unclear whether there will be more or less vehicle moments at the site as a result of the change of use from a building merchant to a car hire business as the planning authority does not have any record of vehicle movements from the time the site was used as a building merchant. However, it is likely that the size of the vehicles coming and going from the site will, in general, reduce given the nature of each business and also the applicant has stated that there will only typically be between five and ten vehicle pickups per day. It is likely that the proposed number of vehicles associated with the car hire business will not be materially different to the previous use. 8.9 The Council’s Senior Manager Neighbourhood Services (Roads) offered no objection to the planning application. While recognising that the proposal will possibly see increased vehicle trips in an area that is already subject to congestion this was not at such a level as to recommend that the planning application be refused. In addition, he did not have any concerns regarding the proposed on-site parking arrangements. 8.10 Should planning permission be granted it would be appropriate to support the position that all vehicles associated with the business are parked within the site and do not contribute to the parking congestion in nearby streets. Page 46 of 50
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Impact on Amenity 8.10 With regard to residential amenity, the operation of the business is not likely to generate significant noise from the site, especially outwith ‘standard’ business hours. Clerk Street is a mixed-use area, near the town centre and the proposal will further diversify the opportunities in the area. 8.11 The proposed use will not significantly impact amenity in the neighbourhood as compared to the previous building merchants use. The hours of operation should be restricted to times of the day which minimise any impact on neighbouring residents by preventing vehicle movement at unsociable hours. The hours suggested by the applicant are appropriate. A planning condition should be used to restrict the hours of operation, should permission be granted 8.12 No physical alterations are proposed to be undertaken to the existing buildings. 8.13 It is considered that the proposed use of the site as a car hire business would not detract from the character, appearance or amenity of the surrounding area. Response to Representations and Other Matters 8.14 The representation received, alongside comments from the LDCC, mainly outlines concerns regarding parking issues in the area, which have been addressed above. 8.15 Another issue raised in response to the planning application was that large transporter lorries have parked on the road opposite the application site. The applicant advised that this was inaccurate and that hire vehicles are driven onto the site by employees only. In any event, Clerk Street is a public road along which a range of vehicles can move and park, provided they adhere to parking restrictions. Failure to adhere to parking restrictions is not a planning matter. Speculation that a business may not adhere to parking restrictions is not an appropriate reason for refusing planning permission as parking restrictions are enforced by other parties. The building merchants will not have had any restrictions on the size of vehicles which delivered materials to the site. If permission is granted, a condition can be attached that outlines that operation shall be carried out as per the supporting statement, as this outlines delivery methods to and from the site which the applicant has presented to the Council for consideration. 8.16 It was previously highlighted that a medium pressure gas pipe runs through the site. After consultation with the network operators, it has been confirmed that none of them have an objection to the application as no infrastructure runs through, under or over the site. Page 47 of 50
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8.17 The LDCC highlighted that a sump tank has been installed on the site. The applicant has confirmed that this is not the case. However, the applicant did advise that a silt trap and petrol interceptor has been installed. 8.18 The applicant confirmed that the silt trap and interceptor were installed beneath the concreate wash bay. As the cars are washed and any waste or dust from the vehicles flows into the central drain. The runoff goes through the silt trap, where waste particles settle in a tray to prevent it from running into the local sewer network. 8.19 The drainage from the wash bay is also passed through a fuel interceptor where oils are siphoned and stored. This is removed at regular intervals by a specialist waste management company. The installation of the silt trap and interceptor is a drainage solution and would not require the submission of a planning application. 9 RECOMMENDATION 9.1 That planning permission be granted for the following reason: The development will not have a significant adverse impact on the character of the area or on the amenity of neighbouring land and buildings and therefore complies with policies 14 and 26 of National Planning Framework 4 and policies DEV2 and ECON1 of the Midlothian Local Development Plan 2017. Subject to the following conditions: 1. No vehicles associated with the use hereby approved (including vehicles for hire, employee vehicles, delivery vehicles) shall be parked on any street within 300metres of the application site. Reasons: To ensure that the use hereby approved does not have a significant adverse impact on the road and pedestrian safety in the area because of inconsiderate parking and as there is already significant pressure on on-street parking in the area. 2. The hours of operation of the use hereby approved shall be restricted to 8am to 6pm on Monday to Friday; 8am-12pm on Saturday; and, closed on Sunday. Reason: The application has been assessed based on these proposed hours of operation. To protect the amenity of the area, in particular nearby residential properties. 3. Notwithstanding the plans hereby approved, the proposed use shall operate as outlined as per the approved ‘Supporting Statement’ and ‘Email Supporting Statement’ Page 48 of 50
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Reason: For the sake of clarification. The proposed change of use was assessed on the information submitted. Peter Arnsdorf Planning, Sustainable Growth and Investment Manager Date: 15 August 2025 Application No: 25/00134/DPP Applicant: AMT Auto, AMT House, 174 Armley Road, Leeds, LS12 2QH Agent: N/A Validation Date: 24 April 2025 Contact Person: Lauren McKellar, Planning Officer Tel No: Lauren.Mckellar@midlothian.gov.uk Background Papers: 25/00134/DPP Attached Plans: Location plan/site plan Page 49 of 50
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N Midlothian Council Fairfield House 8 Lothian Road Dalkeith, EH22 3AA Reproduced from the Ordnance Survey map with the permission of the controller of Her Majesty's Stationary Office. Crown copyright reserved. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Planning Service Place Directorate Shed Office building Midlothian Council Licence No. AC0000811376 (2025) Proposed Site Layout Change of use from Building Merchant (Class 1) to Car Hire (Sui Generis) (retrospective) 1A Clerk Street Loanhead EH20 9DP File No. 25/00134/DPP Scale 1:600Page 50 of 50