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Agenda Document Pack - Planning Committee - 20/01/2026

Midlothian Council · 20 January 2026
Back to Planning Committee — 20 January 2026 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, 20 January 2026 
Time:  13:00 
Executive Director : Place 
Contact:
Clerk Name: Democratic Services
Clerk Telephone: 
Clerk Email: democratic.services@midlothian.gov.uk 
Further Information: 
This is a meeting which is open to members of the public.  
Privacy notice: Please note that this meeting may be recorded. The
recording may be publicly available following the meeting. If you would
like to know how Midlothian Council collects, uses and shares your
personal information, please visit our website: www.midlothian.gov.uk 
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1          Welcome, Introductions and Apologies   
2          Order of Business 
Including notice of new business submitted as urgent for consideration at the
end of the meeting. 
3          Declaration of Interest 
Members should declare any financial and non-financial interests they have in
the items of business for consideration, identifying the relevant agenda item
and the nature of their interest. 
4          Minute of Previous Meeting
4.1 Planning Committee Minute of 18 November 2025 submitted for
approval
4 - 15 
Private Addendum to Planning Committee Minute of 18
November 2025 
4.2 Action Log 16 - 17 
5          Public Reports
5.1 Non-Compliance with the Requirement of an Enforcement Notice
and Associated Prosecution Regarding Change of Use of Land to
a Builder's Yard, Sitting of Shipping Containers and Associated
Engineering Operations to Form Hardstanding at Land North of 6
Ashbank, Gorebridge - Report by Chief Officer Place
18 - 43
5.2 25/00651/PAC Pre-Application Report Regarding the Erection of
New Community Campus Comprising High School, Primary
School, Nursery, Sports Facilities, Associated Parking and
Playing Fields at Shawfair Site D, Newton, Danderhall - Report by
Chief Officer Place
44 - 50
5.3 25/00306/DPP Application for Planning Permission for Formation
of Access Road, Erection of Retaining Wall and Fence and
Associated Works at Mavisbank Estate, Loanhead - Report by
Chief Officer Place
51 - 72 
6          Private Reports 
No items for discussion 
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7          Date of Next Meeting 
The next meeting will be held on 9 March 2026. 
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INTERNAL USE ONLY
DRAFT BY/DATE: 
REVIEW BY/DATE:
1-993 
Minute of Meeting 
Planning Committee
Tuesday 20 January 2026
Item No 4.1     
Planning Committee 
Date Time Venue
Tuesday 18 November 2025 13.00pm Normandy Court/MS Teams 
Present: 
Councillor Imrie (Chair) Councillor Alexander (virtual)
Councillor Bowen (virtual) Councillor Cassidy 
Councillor Curran (virtual) Councillor McCall
Councillor McEwan Councillor McKenzie
Councillor McManus Councillor Milligan
Councillor Pottinger (virtual) Councillor Russell
Councillor Scott Councillor Smaill
Councillor Virgo Councillor Winchester 
In attendance: 
Kevin Anderson Executive Director Place
Peter Arnsdorf Planning, Sustainable Growth and
Investment Manager/Chief Planning Officer
Grace Cowan (virtual) Head of Primary Care and Older People's
Services
Roxanne King (virtual) Executive Business Manager
William Venters Principal  Solicitor 
Maria Perez Democratic Services Officer
Nicola Thorburn Democratic Services Team Leader 
1. Welcome and Apologies 
Councillor Imrie (Chair) welcomed everyone to the meeting of the Planning
Committee.
Apologies were received from Councillor Parry and Councillor Drummond. 
The order of business is as per the agenda. 
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2. Declaration of Interest 
The Chair invited the Planning Committee Members to declare their interest on any
items of the agenda. Declarations of interest and transparency statements can also
be presented when any relevant items are discussed. 
Councillor Smaill noted they would recuse themself from discussion of item 5.5. 
Councillor Scott noted they would recuse themself from the discussion of item 5.4. 
Councillor Cassidy also noted their intention to recuse themself from discussion of
item 5.5, 
Councillor McManus made a transparency statement, noting that they had been
contacted by parties which would stand to benefit financially from item 5.2 in the
agenda, but that they had not engaged or responded to queries. Councillor Alexander
and Councillor McCall also reported having received emails from developers involved
in item 5.2. It was noted that most Councillors are likely to have been contacted by
developers or objectors in connection with the Midlothian Local Development Plan and
transparency statements were appropriate.  
3. Minutes of Previous Meeting 
The Minute of the Planning Committee meeting of 6 October 2025 was submitted for
approval and unanimously approved as the correct record. 
The Action Log was noted. There were no questions raised about the Action Log. 
4. Reports and Items for Discussion 
Report
No.
Report Title Presented by:
5.1 Housing Land Audit 2025
Planning, Sustainable Growth
and Investment Manager/Chief
Planning Officer 
The Planning, Sustainable Growth and Investment Manager/Chief Planning
Officer presented the report for noting. The report presents the 2025 Housing
Land Audit (HLA 2025) that updates the Committee on the state of the housing
land supply in Midlothian. HLA 2025 covers the period 1 April 2024 to 31 March
2025. 
Midlothian Council prepares an annual Housing Land Audit (HLA) which is the
established means of monitoring Midlothian’s housing land supply. It is used to
inform service and infrastructure providers such as the National Health Service
(NHS) and Scottish Water about forthcoming development sites, and it assists in
the Council’s own forward planning for facilities such as the provision of schools.
It is important for the good planning of the area to maintain the supply of land and
to avoid ‘planning by appeal’.
HLA 2025 indicates the number of houses built every year and how much stock
remains to be built from sites allocated in the Midlothian Local Development Plan
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(MLDP) and from sites with planning permission. The number of units that will be
built in future years is set out in consultation with housebuilders and umbrella
group Houses for Scotland which represents the housebuilding industry. A copy
of the HLA 2025 is attached as Appendix A and its summary schedule identifies
a remaining established supply of 10,211 units. Appendix B contains location
plans showing those sites, and states 663 units were completed in the year 2024-
2025.
It is recommended the Planning Committee notes the Housing Land Audit 2025
and agrees to its publication in Midlothian Council’s website.
The Chair thanked the Planning, Sustainable Growth and Investment
Manager/Chief Planning Officer for the report. As there were no questions from
Planning Committee Members the HLA 2025 is noted and approved for
publication. 
Decision
The Planning Committee noted the Housing Land Audit 2025 and agreed to its
publication on the Council’s website. 
Report
No.
Report Title Presented by:
5.2
Midlothian Local Development
Plan 2 - Housing Land and Site
Selection
Planning, Sustainable Growth
and Investment
Manager/Chief Planning
Officer 
The Planning, Sustainable Growth and Investment Manager presented the
report for approval.
The report sets the latest calculations of supply and demand of land for housing
and sets out a list of sites identified as suitable for housing in the proposed
Midlothian Local Development Plan 2 (MLDP2). At its meeting of June 2024,
Midlothian Council set a local housing land requirement of 8,851, this figure was
confirmed by Scottish Ministers as part of the evidence Gate Check process.
Based on the figures of the HLA 2025, land for a minimum of 1,913 dwellings
needs to be identified in the proposed plan. In addition, it is also a requirement
of National Planning Framework 4 (NFP4) that the local development plan
identify areas that may be suitable for homes beyond the 10-year MLDP2 period. 
In a response to the Call for Ideas and Opportunities exercise in 2024, Officers
identified sites for approximately 16,500 dwellings. A shortlist was produced and
an exercise to remove sites was undertaken following an Elected Member
Workshop on 19 June 2025. Another Elected Members Workshop was held on
23 October 2025 to reduce the list of proposed sites further while ensuring there
is sufficient sites to meet the required target.  
The sites selected in the workshop to be progressed are set out in table 2 and
additional long-term direction of growth sites is contained in table 3. Sites which
were no longer recommended for housing are listed in table 4, and sites which
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have status in the current plan and are recommended for deallocation and
removal from the shortlist are listed in table 5. 
Once the Planning Committee has confirmed the site selection, Officers can work
to identify impact on services and infrastructure and propose mitigation
strategies which will be identified in the proposed plan.
Planning Committee is asked to:
• Note the position regarding deliverable housing land supply as
summarised in table 1.
• Agree the housing site list set out in table 2 (subject to any changes
requested by the Committee) for inclusion in the MLDP2 proposed plan.
• Agree the long-term direction of growth sites set out in table 3 (subject to
any changes requested by the Committee) for inclusion in the MLDP2
Proposed Plan.
• Agree the shortlist sites no longer recommended for housing set out in
table 4 (subject to any changes requested by the Committee).
• Progress the sites in table 5 (subject to any changes requested by the
Committee) towards deallocation, by not being allocated in the MLDP2
Proposed Plan.
The Chair thanked the Planning, Sustainable Growth and Investment
Manager/Chief Planning Officer and invited discussion from Committee
Members.
Planning Committee Members asked for clarification on the methodology
adopted by Midlothian Council on the matter of constrained sites, and whether it
is the same methodology used by other local authorities. The Planning,
Sustainable Growth and Investment Manager/Chief Planning Officer advised
that although there are some differences in terms of what constitutes a
constrained site, the general principle and methodology is the same. Planning
Committee Members highlighted that the methodology appears to have changed
between MLDP1 and MLDP2 in terms of what constitutes a constraint or a
windfall site. 
Councillor Smaill noted that the rate of growth Midlothian is currently
experiencing, and will experience in coming years, is unparalleled and voiced
concerns that this rate of growth will cause a burden the Council cannot sustain.
Councillor Smaill noted that, while the work done by the Planning Department is
commendable, it is impossible to support these numbers as the impact of the
infrastructure cost on Council Tax has not been fully considered. While other
Committee Members shared Councillor Smaill’s concerns, they noted the
numbers on the housing waiting lists are a strong argument for continuing the
house building, if the right houses are built in the right places to meet the
demand. Committee Members noted that Homes for Scotland is a lobby group
that promotes the interest of the homebuilding industry, and while the Council
has had success in getting more affordable homes built there is still work to do
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to ensure there are affordable homes for Midlothian residents and to gain control
on the Developer Contributions in terms of when the funding is received.  
Councillor Milligan noted that as well as the 8,851 homes that the Council has
already committed to build over 10 years, there is likely to be additionality
through windfall sites, brownfield sites or densification in existing sites. Even if
this scenario is avoided, 8,851 homes with an average 3 people per home will
result in the Midlothian population increasing by 22,000 - 25,000 new residents.
Councillor Milligan noted that health practices are already struggling to offer
appointments and some have already closed their list to new patients. Even if
Midlothian builds new health centres, this would not be helpful as the NHS in the
Lothians is at breaking point. There are also chronic delays in delivery of
packages of care, and insufficient infrastructure in terms of roads and transport
which the Council has no control over. Councillor Milligan stressed that the
Council has no room for any additionality and may already struggle to deliver
infrastructures to the 8,851 homes agreed. Councillor Alexander concurred,
noting that the additional Council Tax revenue will not be sufficient to cover the
infrastructure that will be needed to serve this many new residents and the way
to deliver this infrastructure should be considered before agreeing to the plan.
Meanwhile there are also Midlothian residents waiting on the housing list
because the new build homes are unaffordable to them. 
Councillor Winchester joined the meeting in at 13.31pm.
Councillor Virgo agreed with most of the concerns about infrastructure but noted
it is a step too far to imply the Council has no power. The Council is already
committed to these numbers and housebuilding must continue as people wish to
move to Midlothian and new houses need to be built to accommodate them. The
crux of the matter is the impact of those residents in infrastructure, so it is
necessary for the Council to reset the relationship with developers, NHS and the
Scottish Government about the pace and scale of growth.  Midlothian is growing
at a faster rate than any other local authority in Scotland, and if the Scottish
Government is asking for this number of homes to be built within 10 years it
should also contribute to mitigation. Councillor Virgo added that, as well as using
developer contributions smartly, the Council should consider incentivising
medical practices and other necessary businesses to set up in Midlothian.
Planning Committee Members agreed on the need to be more stringent with
developers and noted that Midlothian is fortunate in the sense that other local
authorities are experiencing issues with their population declining. 
Councillor McKenzie noted that the 8,851 target is based on demand and urged
the Council to plan for the worst and hope for the best, and in the meantime use
their powers to lobby the Scottish Government to support Midlothian to cope with
this population growth. The Chair agreed and suggested putting together a
cross-party representation to lobby the Scottish Government and advise areas
where the Council require funding.
The Planning, Sustainable Growth and Investment Manager/ Chief Planning
Officer noted that the Council has some control over the delivery of schools
through developer contributions, and for those matters where the Council has no
control such as GP practices and transport it will be necessary to lobby the
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Scottish Government. However, it was stressed that it will be necessary for the
Council to retain control by delivering the list of housing sites, because otherwise
this will be done by the Scottish Government through planning by appeal. 
Planning Committee Members asked whether the Council could be penalised in
the event the numbers of homes are not delivered in time. The Planning,
Sustainable Growth and Investment Manager/ Chief Planning Officer advised
that the Scottish Government recognises it is not the Council who delivers those
unit numbers, but that the Council should ensure there are sufficient deliverable
sites to meet the targets. The 8,851 figure also includes 25% generosity so there
is some flexibility built in within the figure. 
Councillor Milligan noted that efforts to lobby the Scottish Government have been
made previously to no avail, as attested by the lack of progress on the Sheriffhall
extension, and stressed that any additionality would be a terrible decision.
Councillor Milligan added that programs to incentivise certain essential workers
have become widespread and therefore losing their original purpose.
The Chair reminded the Planning Committee Members that it would be
necessary to decide on the sites presented on tables 1, 2, 3 and 4 in the report. 
The Committee Members noted both Redheugh East and West sites are
currently listed on table 5 as sites to be deallocated by the adoption of MLDP2
since they are constrained sites, but it may be worthwhile to keep options open
on this site. Failure to do this may result on not enough sites being available to
meet numbers. Councillor Scott moved to remove the Redheugh East (site h50)
and Redheugh West (site Hs7) from the deallocation of sites from MLDP (table
5), noting this is a large development and if it does not go ahead and it is not
accounted for in terms of pupil product there will be shortfall towards a future
Gorebridge High School. Councillor McKenzie seconded the motion. As no other
Planning Committee Members were otherwise minded the motion to move sites
Hs7 and h50 from the deallocation table was carried. 
There was discussion among Committee Members on the subject of the Rullion
Road site and whether it should be moved to the list of sites to be progressed
under MLDP2. It was argued that keeping the site in the long-term development
list would give the Council more time to put the necessary infrastructure to
support housebuilding. Councillor McManus made a motion to leave the Rullion
Road site, SUB052a in the list of long-term development sites, table 3 as per the
substantive paper. The motion was seconded by Councillor Cassidy. Councillor
McEwan moved an amendment to transfer the Rullion Road site, SUB025a, from
the list of long-term growth sites to the shortlist of sites to be progressed under
MLDP2. The motion was seconded by Councillor McCall. 
On the advice of the clerk and given the hybrid nature of the meeting, Planning
Committee Members agreed for the purpose of clarifying the vote that it be taken
by a roll call. 4 Councillors voted for the motion, 6 for the amendment and 6
abstained from voting. The amendment to move the Rullion Road Site SUB025A
in the Penicuik ward to the shortlist of sites to be progressed under MLDP2 was
therefore carried. 
Councillor McCall raised attention to an error in page 69 of the report, as the
Bellwood Crescent site, site reference AHs3 is referred as being in Penicuik
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Ward however this is located in Midlothian West. The Planning, Sustainable
Growth and Investment Manager advised this error would be corrected.
The Chair asked the Planning Committee whether they would support the
proposed list of housing sites to be progressed for MLDP 2, with the addition of
the Rullion Road SUB052a site and removing Redheugh East and West (h50
and Hs7) from the deallocation list.
Councillor Virgo moved to approve the proposed list with the amendments. The
motion was seconded by Councillor McKenzie
Councillor Milligan moved an amendment not to approve the proposed list due
to the concerns the population increase would have on infrastructure. Councillor
Curran seconded the amendment.
The Planning Committee agreed that the vote be taken by a calling the roll and
the motion was carried with 9 Committee Members voting for the motion, 6 voting
for the amendment and 1 abstention.
Councillor Smaill motioned that the Planning Committee requests Midlothian
Council prepare a high-level plan with the MLDP2 housing numbers to indicate
the financial burden the population growth will have on the Council, and the
impact on the Council Tax. Councillor Virgo seconded the motion. With no
members being otherwise it was agreed that a report in this regard come back
to the Planning Committee for consideration.
The Planning, Sustainable Growth and Investment Manager/Chief Planning
Officer clarified the next steps in the plan, which would be firming up the impact
of this volume of housing in transport, school, and other infrastructures as per
Councillor Smaill’s motion. Employment sites and employment policy will be
discussed during a future Elected Member Workshop. These steps will lead to a
proposed plan being presented to the Planning Committee by Spring 2026. If
supported, this plan will go through consultation. Any feedback received from
this consultation will be used to make a final version that the Council will submit
to the Scottish Government for examination. 
Decision
The Planning Committee approved the proposed list of sites for MLDP2 with the
following addition: 
Site SUB0052a, Rullion Road, Penicuik Ward to be moved from Long Term
Direction of Growth (Specific Sites) (table 3) to Housing Sites to be progressed
to MLDP2 Proposed Plan (table 2) 
In addition, the Planning Committee agreed to remove the Redheugh sites from
the deallocation list and as such they remain in the development plan and agreed
that a detailed plan is created to indicate the financial burden the population
growth will have on Council infrastructure and council tax projections 
Action
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Planning, Sustainable Growth and Investment Manager/Chief Planning Officer
to update list of Housing Sites to be progressed to MLDP2 Proposed Plan. 
Planning, Sustainable Growth and Investment Manager/Chief Planning Officer
to prepare and submit a detailed plan to indicate the financial burden the
population growth will have on Council infrastructure and Council Tax
projections. 
Report
No.
Report Title Presented by:
5.3
Trams from Granton to Edinburgh
Bioquarter and the Royal
Infirmary of Edinburgh Hospital
and Beyond (Including into
Midlothian) - Consultation
Response
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 purpose of the report is to seek the
Planning Committee approval of a consultation response to proposals to extend
the Edinburgh Tram Project. The consultation response is attached to the report
as Appendix A.
The City of Edinburgh Council is leading the development of a business case to
expand the tram network beyond Edinburgh into East Lothian or Midlothian. The
report outlines a proposal to potentially take the tram from central Edinburgh via
the Edinburgh Bioquarter, Edinburgh Royal Infirmary along the A7 to the
Sherifhall roundabout with Shawfair as a potential option. The proposed
consultation response identifies that Midlothian is open to working with
neighbouring authorities and partners to improve public transport but will also
help to identify a range of constraints and risks of the tram going to Shawfair.
The primary constraints are topography, land ownership, the development of
Shawfair and engineering challenges along the A7, biodiversity impact and
overall cost. The main risk to Midlothian is impact on bus companies and the fact
the proposed tram does not seek to service those communities which have the
greatest need for public transport improvements. 
It is recommended that the Planning Committee approves the Edinburgh Tram
consultation response set out in Appendix A.
The Chair thanked the Planning, Sustainable Growth and Investment
Manager/Chief Planning Officer and invited discussion from Committee
Members.
Planning Committee Members sought clarification on the route. The Planning,
Sustainable Growth and Investment Manager/Chief Planning Officer advised
that the roundabout will presumably be redesigned due to the tram coming as
far along the A7 as possible. The Planning, Sustainable Growth and Investment
Manager/Chief Planning Officer clarified that, if the project does go ahead, there
will be a second consultation with more details on the project. The Chair
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highlighted that this proposal is only one part of the consultation, as there is a
bigger consultation that deals with a wider transport solution. 
Planning Committee Members discussed the benefits of the proposal for
Midlothian, noting that it will not be of benefit to Midlothian residents other than
those residing in Shawfair. Councillor Scott stated improving the capacity of the
Borders Railway by adding more carriages may be a better solution to improve
transport between Edinburgh and Midlothian. 
Further discussion ensued on which local authority would own the infrastructure
and be liable for the cost when the tram crossed the county border. The Planning,
Sustainable Growth and Investment Manager/Chief Planning Officer advised this
question was raised during the consultation and that early indication suggests
there will be costs linked to the construction of the network, which the business
case will need to provide clarity on. 
Councillor Alexander highlighted that, as Edinburgh would be benefitting from
the expansion of the trams into Midlothian it is only right that they carry the cost
of the tram extension into Shawfair, Dalkeith, Bonnyrigg and Penicuik arguing
that many Midlothian residents travel into Edinburgh for work and providing a
tram will reduce traffic in Edinburgh roads. 
Decision
The Planning Committee unanimously approved the consultation response set
out in Appendix A of the report. 
Councillor Scott left the meeting at 14.39. 
Councillor Smaill made a transparency statement that his wife is a member of the   
local Community Council but as they have not expressed a view on this matter   
Councillor Smaill did not feel the need to recuse themself from the discussion of  item
5.4. 
Report
No.
Report Title Presented by:
5.4 24/00423/DPP - Temple Quarry
Extension - Report and Plans
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 application is for the extraction and processing of sand and gravel, formation
of landscape enhancement features, construction of field conveyor system
including underpass, and post extraction restoration works at Temple Quarry,
North Middleton. The application seeks to extend an existing operation, and the
processing of the sand and gravel will be carried out at the existing Temple
Quarry processing plant. The first planning permission for sand and gravel
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extraction was in 1996, and thereafter several planning permission applications
have been issued, most recently in the Planning Committee meeting of
September 2025, to extend operations until the end of 2030.
The report sets out the position that there is a demand for sand and gravel and
that the Local Development Plan sets out the responsibility that the local
authority ensures there is a supply of sites. This site meets the requirement and
has the benefit of continuing operations from an existing sit, minimising the
impact on communities and the environment.
There has been one representation and 10 consultation responses received. The
report recommendation is to grant planning permission subject to conditions
stated in the report.
The Chair thanked the Planning, Sustainable Growth and Investment
Manager/Chief Planning Officer and invited discussion from Committee
Members.
Planning Committee Members asked whether the extension of the quarry would
impact on the drainage arrangements. The Planning, Sustainable Growth and
Investment Manager/Chief Planning Officer advised that drainage has been
considered as part of the proposals and additional operational capacity will have
been taken into consideration. 
The Planning Committee unanimously agreed to grant planning permissions
subject to the conditions specified in the report. 
Decision
The Planning Committee unanimously agreed to grant planning permissions
subject to the conditions specified in the report. 
Councillor Scott rejoined the meeting at 14.43pm.
Councillor Cassidy left the meeting at 14.43pm.
Councillor Smaill left the meeting at 14.43pm. 
Report
No.
Report Title Presented by:
5.5
25/00107/DPP - Land between
Currie Glen Farmhouse and
Borthwick Scout Campsite,
Bortwick, Gorebridge - Report and
Plans
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 application is for the demolition of the former Scout building and erection of
two dwelling houses and associated works, including formation of driveways,
installation of drainage infrastructure and erection of fences and walls at land
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between Currie Glen Farmhouse and Borthwick Scout Campsite, Borthwick,
Gorebridge.
The application was subject to a site visit yesterday. The site is located within
the Borthwick and Crichton Conservation Area and Special Landscape Area.
Furthermore, the site is near natural and cultural heritage assets. The application
proposes to demolish the existing building and erect two dwelling houses along
with associated infrastructure. The proposed dwellings are modern and irregular
in shape. Each building would comprise a central 2 storey block with a gabled
roof and a single storey block to the side with a flat roof. The buildings would be
finished in a mix of render and timber with zinc clad roofs. Windows and doors
would be grey in colour. Access is through a private road to the east of the site,
with each dwelling having a private a private parking, patio, garden, and
drainage. The site itself is on the countryside where there is a restriction on
building new dwelling houses and within a sensitive landscape. The proposed
dwelling houses are also contrary to protective planning policies and not suitable
for what would be the expected design standard in a conservation and special
landscape area. 
There have been 58 representations and 58 consultation responses, of which 10
are supportive and the remaining 48 objecting to the application. The
recommendation of the report is that planning permission be refused.
The Chair thanked the Planning, Sustainable Growth and Investment
Manager/Chief Planning Officer and invited discussion from Committee
Members.
Councillor Scott moved to refuse planning permission, noting that the area is
very beautiful and should be protected. Councillor Bowen seconded the motion
to deny planning permission, noting that the proposed style of the houses is
unsuitable to the area.
Councillor Virgo sought clarification on why the proposed houses are not
compliant with the design standards of the area, and whether there is a way of
balancing design standards with the need to find sites for homes in Midlothian.
The Planning, Sustainable Growth and Investment Manager/Chief Planning
Officer advised that while the development plan supports the demolition of
unused buildings, this application was recommended to be rejected for principle
and design reasons, and noted that if the developer submitted a plan for one
dwelling in a style which is respectful to the design standards of the conservation
area it would be more likely to be accepted.
As there were no further comments made, the Chair confirmed the Planning
Committee’s decision to refuse planning permission. 
Decision
The Planning Committee refused planning permission 
Councillor Curran left the meeting at 14:49pm and did not return for the
discussion of the private items. 
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5. Any Other Business 
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). 
6. Date of next meeting 
The public part of the meeting concluded at 14.49 pm. 
The next meeting of the Planning Committee will be held on Tuesday 20 January
2026.
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Planning Action Log
Planning Committee
Tuesday 20 January 2026
Item No 4.2 
No  Date of
Meeting
Item No and Title Action Action
Owner
Planning 
Paper
Expected
Date
Council Paper
Expected Date
Comments
1.   9 September
2025
(Council)
Midlothian Play
Strategy & Action
Plan 2025-2028 
Planning Committee to discuss
criteria for play areas in new
developments and evaluate
existing play areas in the
different wards to determine if
any upgrades are needed – this
will be picked up through the
planning application process and
Committee reports. 
Planning
Chair  
n/a n/a Goal is to ensure all children
have access to quality play
facilities in their communities 
2.  6 October
2025 25/00362/PPP
Former Arniston
Gas Works,
Gorebridge, Report
and Plans
Planning Department to notify
Scottish Ministers of the
environmental and health and
safety concerns about the site
noted by the Planning Committee
that led to the planning permission
being refused 
Planning
Department
n/a n/a Completed as part of the
appeal process
Recommended for closure
3.  18 November
2025 Midlothian Local
Development Plan
2-Housing Land and
Planning Department to update the
site list with the following additions:  Planning
Department 
The proposed plan
is scheduled to be
reported to
Completed
Recommended for closure 
Page 16 of 72

Page 17

No  Date of
Meeting
Item No and Title Action Action
Owner
Planning 
Paper
Expected
Date
Council Paper
Expected Date
Comments
Site Selection Site SUB0052a, Rullion Road,
Penicuik Ward to be moved from
Long Term Direction of Growth
(Specific Sites) (table 3) to Housing
Sites to be progressed to MLDP2
proposed plan (table 2) 
Redheugh sites to be removed 
from the deallocation list and as
such they remain in the
development plan 
A detailed plan to be created to
indicate the financial burden the
population growth will have on
Council infrastructure and council
tax projections.
Council in
March/April  Completed
Recommended for closure 
Completed
Recommended for closure 
To be incorporated into the
delivery plan which will
accompany the proposed plan 
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Page 18

Planning Committee   
Tuesday 20 January 2026
Item No 5.1
NON-COMPLIANCE WITH THE REQUIREMENTS OF AN ENFORCEMENT
NOTICE AND ASSOCIATED PROSECUTION REGARDING THE CHANGE
OF USE OF LAND TO A BUILDERS’ YARD (SUI GENERIS); SITING OF
SHIPPING CONTAINERS AND ASSOCIATED ENGINEERING
OPERATIONS TO FORM HARDSTANDING AT LAND NORTH OF 6
ASHBANK, GOREBRIDGE.
Report by Chief Officer Place
1. SUMMARY AND RECOMMENDATION
1.1 The purpose of this report is to provide the Committee with an
update regarding a prosecution action taken against planning
offences relating to the unauthorised use of land and
unauthorised works on land to the north of 6 Ashbank,
Gorebridge.  Namely, non-compliance with the requirements of an
enforcement notice, served under the terms of Section 127 of the
Town and Country Planning (Scotland) Act 1997, as amended. 
1.2 The prosecution action was against Peter Joyce & Son Ltd as
landowner and the party responsible for the breaches of planning
control.  It was taken by the Crown Office and Procurator Fiscal
Service (COPFS) and proceeded to a full trial.  The prosecution
was successful, and the parties convicted and fined a total of
£16,125.  The breaches of planning control remain in part. 
1.3 The Committee is asked to note the successful prosecution and to
authorise further prosecution action if required.
2. BACKGROUND
2.1 The breach of planning control and non-compliance with enforcement
notice was first reported to the Committee at its meeting of 28 February
2023 (attached as Appendix A).  That report includes relevant
background information and contains a full copy of the enforcement
notice.  It also outlines the legal and policy position regarding the case
and contains photographs of the land (as of February 2023) subject of
the enforcement notice.  The Committee instructed the Planning,
Sustainable Growth and Investment Manager (or an alternatively
appropriately appointed officer) to refer the case to the COPFS for
consideration of prosecutorial action.
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2.2 The enforcement notice required the cessation of the unauthorised use
of the land as a builders’ yard and the removal of associated
buildings/structures and groundworks.  The company responsible for
the breaches of planning control is Peter Joyce & Son Ltd.  The
enforcement notice had required the following steps to be taken: 
1. Permanently remove all shipping containers from the land. For
the avoidance of any doubt this requirement also includes
removal of the timber clad container located closest to the site
entrance.
2. Remove the unauthorised hardstanding areas from the land
and return the site to a grass field using topsoil and grass
seed, as appropriate.
3. Permanently cease the unauthorised use of the land as a builders’
yard.
2.3 Before service of the enforcement notice, the unauthorised
development and the use of the land had been the subject of a
retrospective planning application which was refused and subsequently
dismissed by the Council’s Local Review Body.  An additional voluntary
timescale was given to the guilty party to voluntarily regularise matters
(by removing the unauthorised works and cease the unauthorised use
of land); however, the landowner did not take action to cease the
breach of planning control or remove the unauthorised works. 
2.4 The enforcement notice was the subject of an appeal which was
dismissed by Scottish Ministers.  Subsequently, the time period for the
requirements of the notice expired and the unauthorised business
continued to operate from the land in blatant disregard of the
democratic planning processes.
3 PROSECUTION PROCESS
3.1 Following instruction by the Committee to refer the case to the COPFS,
further evidence was gathered and consequently a prosecution report
with associated comprehensive supporting evidence and information
was submitted to COPFS in May 2023. 
3.2 Although COPFS subsequently decided to proceed with the case, the
full trial did not commence until 13 May 2025.  That being due to the
courts having a substantial backlog of cases.  Further delay within that
process was caused by the guilty party failing to attend several
pleading hearings at the Court and by requesting additional time to find
legal representation.  The Council as the local planning authority, have
no control or influence over these matters of delay.
4 COURT CASE AND OUTCOME
4.1 The trial commenced on 13 May 2025 (and was continued to 18 July
2025) at Edinburgh Sheriff Court.  The accused was found guilty. A
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movement to extend the liability for the charge to 13 May 2025 was
also successfully sought and granted. That means the liability for the
enforcement notice offences extended to when the trial started rather
than running only to the original notice non-compliance date/the date
the matter was reported and submitted to the COPFS. 
4.2 The guilty party failed to turn up for a subsequent sentencing hearing
on 10 September 2025.  A further sentencing hearing took place on 22
September 2025 but was deferred again by the Sheriff until 19
November 2025.  The Sheriff providing the accused with a further two
months to comply with the requirements of the Enforcement Notice,
before final sentencing.
4.3 At the sentencing hearing on 19 November 2025, the guilty party was
fined £15,000 for the offences relating to the enforcement notice
requirements.  They were also fined another 7.5% (an additional fine of
£1,125) as a Victim Surcharge penalty - that smaller fine going into a
court pot to support victims of crime. 
4.4 Despite the court proceedings the breach of planning control remains in
part, i.e. the hardstanding remains on site, a structure remains in situ,
and some materials are stored on the land (as of 6 January 2026).  As
such it would be appropriate to refer the case back to the COPFS for
further prosecutorial action and to advise the landowner of the
Council’s intention to do so unless the breach of planning control is
resolved.
5 RECOMMENDATION
5.1 It is recommended that:
1. the Committee note the fine issued by the court for non-compliance
with an enforcement notice on land to the north of 6 Ashbank,
Gorebridge; and
2. the Committee determine to instruct the Planning, Sustainable
Growth and Investment Manager/Head of Placemaking (or an
alternatively appropriately appointed officer) to refer the case to the
Crown Office and Procurator Fiscal Service for consideration of
prosecutorial action pursuant to Section 136 of the Town and
Country Planning (Scotland) Act 1997 as amended.
Peter Arnsdorf
Head of Placemaking
Date:       8 January 2026
Contact Person:  Bruce MacLeod
Email:    bruce.macleod@midlothian.gov.uk
Attached Appendix: Appendix A - Previous Planning Committee Report
Dated 28 February 2023 
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Page 21

PLANNING COMMITTEE
TUESDAY 28 FEBRUARY 2023
ITEM NO
NON COMPLIANCE WITH THE REQUIREMENTS OF AN ENFORCEMENT
NOTICE REGARDING THE CHANGE OF USE OF VACANT LAND TO A
BUILDERS’ YARD (SUI GENERIS); SITING OF SHIPPING CONTAINERS
AND ASSOCIATED ENGINEERING OPERATIONS TO FORM
HARDSTANDING AT LAND NORTH OF 6 ASHBANK, GOREBRIDGE.
Report by Chief Officer Place
1 REPORT SUMMARY AND RECOMMENDATION
1.1 This report relates to the non-compliance with the requirements of
an enforcement notice served by the Council pursuant to Section
127 of the Town and Country Planning (Scotland) Act 1997, as
amended, with regard the change of use of vacant land to a
builders’ yard (sui generis); siting of shipping containers and
associated engineering operations to form a hardstanding at land
north of 6 Ashbank, Gorebridge.
1.2 The enforcement notice required the unauthorised use of the land
as a builder’s yard to permanently cease and for the shipping
containers brought onto the site in associated with that use to be
removed from the land.  Furthermore, the areas of hardstanding
formed on the land to facilitate the unauthorised use shall be
removed and the land returned to grass.  None of these steps
have been taken, either by the enforcement notice compliance
date of 6 January 2023 or to date (at the time of drafting this
report).  Non-compliance with an enforcement notice constitutes
an offence. 
1.3 This report recommends that the Committee instruct the Planning,
Sustainable Growth and Investment Manager to refer the case to
the Crown Office and Procurator Fiscal Service for consideration
to be given to prosecutorial action in relation to the parties who
have breached the enforcement notice, pursuant to Section 136 of
the Town and Country Planning (Scotland) Act 1997.  The
maximum penalty on successful prosecution is a fine of up to
£50,000 per offence. 
2 BACKGROUND
2.1 A retrospective planning application (21/00499/DPP) for the change of
use of vacant land to a builders’ yard (sui generis); siting of shipping
Appendix A
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Page 22

containers and associated engineering operations to form earth bund
and hardstanding at land north of 6 Ashbank, Gorebridge was refused
19 October 2021 and a subsequent notice of review was dismissed by
the Local Review Body (LRB) at its meeting of 21 March 2022.  The
planning application was refused and subsequent review dismissed for
the following reason:
“The proposed development is not in keeping with the scale and
character of the surrounding rural area and is poorly integrated into the
rural landscape; the proposal is therefore contrary to policy RD1 of the
Midlothian Local Development Plan 2017. Any economic benefits
generated by the proposal are not a significant enough material
consideration to outweigh the provisions of the development plan.”
2.2 Despite the refusal of planning permission and the LRB decision to
dismiss the review the site operator (and owner) continued to operate
the authorised use on the land, the unauthorised hardstanding also
remained in situ and as such an enforcement notice was issued 30
June 2022, with a take effect date of 31 July 2022 and a three month
compliance period.  A copy of the enforcement notice is attached to
this report as Appendix A.  The enforcement notice required the site
operator to:
1. “Permanently remove all shipping containers from the land.  For the
avoidance of any doubt this requirement also includes removal of
the timber clad container located closest to the site entrance.
2. Remove the unauthorised hardstanding areas from the land and
return the site to a grass field using topsoil and grass seed, as
appropriate.
3. Permanently cease the unauthorised use of the land as a builders’
yard.”
2.3 The site operator appealed the enforcement notice - a Scottish
Government Reporter appointed to determine the appeal dismissed it
and upheld the enforcement notice.  A copy of the appeal decision was
reported to the Committee at its meeting in November 2022.  As a
consequence of the appeal the compliance period is extended to 6
January 2023 (three months after the appeal decision).
2.4 In reaching the decision the Reporter confirmed that the breach of
planning control was taking place onsite as alleged, that the alleged
use of land and works constitute a breach of planning control and that
the unauthorised use of land and works were not exempt from
enforcement action (the operator alleged the onsite activities were
exempt from enforcement action because of historical uses of the site).
2.5 During a site inspection by a Council officer in early January 2023 it
was established that none of the enforcement notice requirements had
been complied with by the required date (see photographs attached as
Appendix B).   The land owners were subsequently formally informed
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Page 23

(by recorded delivery) that the enforcement notice had not been
complied with, that being an offence and that the matter would be
referred to the Committee for consideration of prosecutorial action.
3 THE LEGISLATIVE POSITION
3.1  It is not a criminal offence for development to take place without the
requisite planning permission, but it is an offence to fail to comply with
an enforcement notice.  There is a 6 month period from the date of the
offence occurring (that is the date by which the notice should have
been complied with, not the date from which the breach of planning
control occurred) in which a prosecution could be potentially brought.
3.2 In Scotland the Crown Office and Procurator Fiscal Service (COPFS)
are responsible for making decisions about prosecutorial actions.  In
the majority of instances, criminal offences are referred to COPFS by
Police Scotland.  However, other bodies who are the responsible
regulatory organisation for particular legislative areas will also refer
cases.  This includes the Health and Safety Executive, the Scottish
Environmental Protection Agency and local authorities in relation to
planning and other matters.
3.3 In this particular case, given the scale, nature and extent of the
unauthorised development that has occurred, it is considered that the
breach of planning control is at the serious end of the spectrum in
terms of both the unauthorised developments involved and the failure
to comply with any of the requirements of the enforcement notice. 
Officers have considered the issuing of Fixed Penalty Notice (FPN) as
an alternative to prosecution.  However, a FPN is limited in scope in
that it would result in a maximum fine of £2,000, and that is not
appropriate or sufficient in this instance.  The issuing of a FPN
precludes other prosecutorial action if it is paid within 30 days.
3.4 It should be noted that failure to comply with an enforcement notice is
not only an offence, it is also a continuing offence should a prosecution
be successfully brought, a conviction secured and the enforcement
notice requirements remain outstanding.  For example, if  non-
compliance with the enforcement notice requirements continued for a
further month after conviction that would be a further 31 offences
occurring which would bring further potential implications for a
defendant in terms of further potential convictions, criminal records and
levels of fines.
3.5 The Town and Country Planning (Scotland) 1997 Act provides that “In
determining the amount of any fine to be imposed on a person
convicted of an offence under this section, the court shall in particular
have regard to any financial benefit which has accrued or appears
likely to accrue to him in consequence of the offence”
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3.6 The failure to comply with an enforcement notice is clearly regarded as
a serious matter and understandably so by the Scottish Ministers
because of its implications for the integrity of the planning system and
indeed in relation to the upholding of the rule of law.  The Planning
(Scotland) Act 2019 which has now been enacted specifically provided
for the increasing of fines for a number of enforcement related matters.
In relation to enforcement notices the level of fine on successful
prosecution has increased from a maximum of £20,000 to £50,000.  
4 OTHER CONSIDERATIONS
4.1 The Scottish Government Policy on planning enforcement is contained
in Circular 10/2009: Planning Enforcement.  It includes the following
guidance that is particularly relevant to the consideration of this case :
“Planning authorities should bear in mind the statutory time limits for
taking enforcement action and, in particular, the possibility that a
referral to the Procurator Fiscal to determine whether to initiate a
criminal prosecution may need to be made promptly in those cases
where breaches have to be prosecuted within 6 months of the date on
which the offence was committed. This is not the date of the alleged
breach of planning control but the last date of failure to comply with the
Notice requiring the breach to be remedied.”
“The integrity of the development management process depends upon
the planning authority's readiness to take effective enforcement action
when necessary. Public respect for the development management
system is undermined if unauthorised development, which is
unacceptable on its planning merits, is allowed to proceed without any
apparent attempt by the planning authority to intervene before serious
harm to amenity results from the breach.”
4.2 The Proceeds of Crime Act (POCA) is operative across the United
Kingdom and provides for the appropriate authorities in some
circumstances to adjudicate final assessment from those benefitting
financially from criminal activity.  In England there have been a number
of instances of Confiscation Orders being authorised by the Courts in
instances where enforcement notices have been breached, criminal
convictions secured in relation to such offences and where those
responsible have continued to benefit financially (the leading judicial
case in relation to such matters is R v Del Basso - Court of Appeal,
2010).  It should be noted that it is not for the Council to determine
whether or not there should be a Confiscation Order, but to note
prosecuting authorities (COPFS) have scope to consider such matters.
5. CONCLUSION
5.1 The responsibility of the outstanding breach of planning control lies
with the landowner who decided to relocate their business to the site, a
field in the countryside, undertake engineering works and changing the
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Page 25

use of the land without the benefit of planning permission.  All of the
unauthorised development which is the subject of the enforcement
notice remains on site and the unauthorised use of the land as a
builder’s yard has continued in breach of the enforcement notice
requirements.  The unauthorised development has been the subject of
public complaint.
5.2  It is for COPFS to make the final decision with regard prosecutorial
action against the non-compliance with an enforcement notice.  In this
case, unauthorised development has been carried out which does not
have the benefit of planning permission.  A planning application for the
change of use of vacant land to a builders’ yard (sui generis); siting of
shipping containers and associated engineering operations to form
earth bund and hardstanding at land north of 6 Ashbank, Gorebridge
was refused and a subsequent notice of review was dismissed by the
Council’s LRB.  The Council has lawfully served an enforcement notice
in relation to unauthorised developments and that notice has been
upheld on appeal by the Scottish Ministers.  The notice has not been
complied with within the period specified by the notice.  It is an offence
for an enforcement notice not to be complied with.  Therefore having
regard to the guidance provided by Scottish Minsters in Circular
10/2009, the serious nature of the breach of planning control and the
Council’s responsibility to uphold confidence and integrity in the
planning system and the rule of law, it is considered to be in the public
interest for the Council to refer this case to COPFS.
6 RECOMMENDATION
6.1 It is recommended that the Committee determine to instruct the
Planning, Sustainable Growth and Investment Manager (or an
alternatively appropriately appointed officer) to refer the case to the
Crown Office and Procurator Fiscal Service for consideration of
prosecutorial action pursuant to Section 136 of the Town and Country
Planning (Scotland) Act 1997 as amended.
Peter Arnsdorf
Planning, Sustainable Growth and Investment Manager
Date:    20 February 2023
Contact Person: Matthew Atkins, Lead Officer Planning Obligations
matthew.atkins@midlothian.gov.uk
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IMPORTANT
THIS COMMUNICATION AFFECTS YOUR PROPERTY
Town and Country Planning (Scotland) Act 1997, as amended
by the Planning (Scotland) Act 2019 (“the Act”)
ENFORCEMENT NOTICE
Issued by Midlothian Council  30 June 2022 
Peter Joyce and Son Ltd. 
16 South Quarry View 
Gorebridge 
EH23 4GT
1. THIS IS A FORMAL NOTICE issued by Midlothian Council (“the Council”)
because it appears that there have been breaches of planning control under
the terms of section 123(1)(a) of the Act  at the land described below.  The
Council considers it expedient to issue this Enforcement Notice (“EN”)
having regard to the provisions of the development plan and to other
material planning considerations. Note that Schedule 1 of this EN contains
important information.
2. THE LAND TO WHICH THE NOTICE RELATES
Land North of 6 Ashbank, Gorebridge, as shown edged in red on the
location plan attached to this EN.
3. THE MATTERS WHICH APPEAR TO CONSTITUTE BREACHES OF
PLANNING CONTROL
Without planning permission : the change of use of vacant land to a builder's
yard (sui generis); siting of shipping containers and associated engineering
operations to form a hardstanding.
4. REASONS FOR ISSUING THIS NOTICE
(a) Retrospective planning permission (reference 21/00499/DPP) for the
developments referred to in Part 3 of this Notice (above) was refused by
Midlothian Council on 19 October 2021.
(IMPORTANT – CONTINUES ON NEXT PAGE)
Appendix A
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(b) A Notice of Review for the refused planning permission- referred to in
part 4 (a) of this EN - was submitted to Midlothian Council on 18 January
2022.  The Council’s Local Review Body (LRB) dismissed the review at
its meeting of 21 March 2022.
(c) The Determination Report presented at the LRB meeting advised that if
the Review was dismissed : the use of the land as a builder’s yard will
need to cease; the storage containers and any other structures placed on
the land will need to be removed from the land; the hard surface
removed; the applicant will be asked to comply with that requirement
within two months of the LRB Decision Notice and the failure to carry out
the required works will result in the Council having to consider issuing an
EN.
(d) Planning Officers met with Mr. Rory Joyce (of Peter Joyce and Son Ltd.)
at the land subject of this EN on 31 March 2022.  During the meeting the
need to voluntarily comply with the requirements referred to in Part 4(c)
above within the same two months period was further outlined and fully
discussed.  Advice was also offered on finding an alternative site for the
business operations based at the land.
(e) Notwithstanding the decision of the LRB - referred to in part 4(b) above -
and despite the two month time period referred to in Parts 4 (c) and 4(d)
having expired on 21 May 2022, all unauthorised developments subject
of this EN remain in place on the land and its unauthorised use as a
builder’s yard continues.
(f) The continuing unauthorised use of the land - and the unauthorised
developments associated with that use - are in conflict with the
democratic, planning decision-making process (referred to in parts 4(a)
and 4(b) of this EN) and would thereby undermine the credibility of the
planning system and public trust in its outcomes.
5. WHAT YOU ARE REQUIRED TO DO
(1) Permanently remove all shipping containers from the land.  For the
avoidance of any doubt this requirement also includes removal of the
timber clad container located closest to the site entrance.
(2) Remove the unauthorised hardstanding areas from the land and return
the site to a grass field using topsoil and grass seed, as appropriate.
(3) Permanently cease the unauthorised use of the land as a builders’ yard.
(IMPORTANT – CONTINUES ON NEXT PAGE)
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6. TIME PERIOD FOR COMPLIANCE
All steps referred to in Part 5(1) to 5(3) of this EN to be taken within three
calendar months from when this EN takes effect, namely by 31 October 2022.
7. WHEN THIS NOTICE TAKES EFFECT
This notice takes effect on 31 July 2022 unless an appeal is made against it
beforehand. 
Signed
Matthew Atkins
Lead Officer Planning Obligations
Midlothian Council. 
On behalf of:
Derek Oliver 
Chief Officer - Place,
Midlothian Council. 
Date: 30 June 2022
(IMPORTANT – CONTINUES ON NEXT PAGE)
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8. YOUR RIGHT OF APPEAL
You can appeal against this notice, but any appeal must be received, or posted
in time to be received by the Scottish Ministers before 31 July 2022.  Any other
person who has an interest in the land to which this notice relates may also
appeal to the Scottish Ministers by the same date.
Schedule 1 of this notice gives information on your Right of Appeal.
9. WHAT HAPPENS IF YOU DO NOT APPEAL
If you do not appeal against this EN, it will take effect on 31 July 2022 and
you must then ensure that the required steps for complying with it, for
which you may be held responsible, are taken within the period specified in
the notice. Failure to comply with an enforcement notice which has taken
effect can result in prosecution or the service of a Fixed Penalty Notice on
the relevant person(s) who have not complied with its requirements in
terms of s145A(1) of the Act. Failure to comply with an enforcement notice
which has taken effect may also result in the Council taking direct action to
correct the breach.
(IMPORTANT – CONTINUES ON NEXT PAGE)
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5
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SCHEDULE 1
EXPLANATORY NOTE FOR THOSE IN RECEIPT OF AN ENFORCEMENT
NOTICE 
RELEVANT LEGISLATION
A copy of Sections 123, 124, 127-139 of the Act is attached.  You may wish to
note the points referred to below. 
RIGHT OF APPEAL
If you wish to appeal against this EN, you should write to Planning and
Environmental Appeals Division, Ground Floor, Hadrian House, Callendar Business
Park, Callendar Road, Falkirk, FK1 1XR. The appeal must be received, or posted in
time to be received by the Scottish Ministers before the date on which this notice
takes effect. The Scottish Ministers have no power to consider an appeal lodged out
of time. 
The appeal, which must be made in writing, must be based on one or more of the
grounds set out in section 130 of the Act. If you decide to appeal you should state
the facts on which you propose to rely in support of each of the grounds of appeal.
The grounds of appeal and the statement of facts must be submitted with your
appeal or within fourteen days of your being required to do so by the Scottish
Ministers. 
If you lodge an appeal, the EN is suspended and will not take effect unless the
appeal is withdrawn or dismissed. 
PENALTIES FOR NON-COMPLIANCE WITH AN ENFORCEMENT NOTICE
Where an enforcement notice requires the discontinuance of a use of land or
compliance, in respect of a use of land or the carrying out of operations, with any
conditions or limitation, then any person who, without the grant of planning
permission uses the land or causes or permits it to be used, or carries out these
operations or causes or permits them to be carried out, is guilty of an offence and
liable on summary conviction to a fine not exceeding £50,000 or on conviction on
indictment to an unlimited fine.  If the use or operations are continued after
conviction, the person may be convicted of a second or subsequent offence. In
determining the amount of any fine for any convicted person, in either circumstance,
the court shall in particular have regard to any financial benefit that has accrued - or
appears likely to accrue - to any person who has committed the offence. That
consideration will similarly apply to the level of fine imposed by the court on any
convicted person who complies with an enforcement notice requiring the removal or
alteration of a building(s) or works, in cases where the building(s) or works are
subsequently re-instated or restored at any time after the compliance date.  
(IMPORTANT – CONTINUES ON NEXT PAGE)
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As an alternative to prosecution the Council may serve a Fixed Penalty Notice. This
requires payment of a fine to be made within 30 days of its service, which will be
retained by them. The level of fine is £2,000 for non-compliance with an enforcement
notice. If payment is made within the first 15 days following service of a Fixed
Penalty Notice the amount to be paid to the Council is reduced to £1,500. 
DIRECT ACTION FOR NON-COMPLIANCE WITH AN ENFORCEMENT NOTICE
If the steps required by an enforcement notice are not taken within the specified
period(s) the Council may also enter on the land, take those steps and recover the
costs involved, from the owner or lessee of the land. 
FURTHER OFFENCES
Compliance with the terms of an enforcement notice does not discharge that notice. 
It will continue in effect and any repetition of the breach of control may incur further
penalties or may result in direct action by the Council. 
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PART VI
ENFORCEMENT
Application
Expressions used in
connection with
enforcement 123 (1) For the purposes of this Act -
(a) carrying out development without the required planning
permission, or
(b) failing to comply with any condition or limitation subject to
which planning permission has been granted, or
(c) initiating development without giving notice in accordance with
section 27A (1) of this Act, or
(d) carrying out development without displaying a notice in
accordance with section 27C (1) of this Act
constitutes a breach of planning control.
(2) For the purposes of this Act -
(a) the issue of an enforcement notice, or 
(b) the service of a breach of condition notice,
under this Part constitutes taking enforcement action as does the issuing
of a notice under section 33A
(3) In this Part “planning permission” includes planning permission under
Part III of the 1947 Act and Part III of the 1972 Act.  
Time Limits 124 (1) Where there has been a breach of planning control consisting in the
carrying out without planning permission of building, engineering,
mining or other operations in, on, over or under land, no enforcement
action may be taken after the end of the period of 4 years beginning with
the date on which the operations were substantially completed.  
(2) Where there has been a breach of planning control consisting in the
change of use of any building to use as a single dwellinghouse, no
enforcement action may be taken after the end of the period of 4 years
beginning with the date of the breach.  
(3) In the case of any other breach of planning control, no enforcement
action may be taken after the end of the period of 10 years beginning
with the date of the breach.
(4) Subsections (1) to (3) do not prevent -
(a) the service of a breach of condition notice in respect of any
breach of planning control if an enforcement notice in respect of
the breach is in effect, or
(b) taking further enforcement action in respect of any breach of
planning control if, during the period of 4 years ending with that
action being taken, the planning authority have taken or
purported to take enforcement action in respect of that breach.   
Enforcement Notices
Issue of
enforcement notice
127 (1) The planning authority may issue a notice (in this Act referred to as an
“enforcement notice”) where it appears to them –
(a) that there has been a breach of planning control, and
(b) that it is expedient to issue the notice, having regard to the
provisions of the development plan and to any other material
considerations.
(2) A copy of an enforcement notice shall be served -
(a) that there has been a breach of planning control, and
(b) on any other person having an interest in the land, being an
interest which, in the opinion of the authority, is materially
affected by the notice.
(3) The service of the notice shall take place -
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(a) not more than 28 days after its date of issue, and
(b) not less than 28 days before the date specified in it as the date on
which it is to take effect.
Contents and effect
of notice 128 (1) An enforcement notice shall state -
(a) the matters which appear to the planning authority to constitute
the breach of planning control, and
(b) the paragraph of section 123(1) within which, in the opinion of
the authority, the breach falls.
(2) A notice complies with subsection (1) (a) if it enables any person on
whom a copy of it is served to know what those matters are.
(3) An enforcement notice shall specify the steps which the authority
require to be taken, or the activities which the authority require to cease,
in order to achieve, wholly or partly, any of the following purposes.  
(4) Those purposes are –
(a) remedying the breach by making any development comply with
the terms (including conditions and limitations) of any planning
permission which has been granted in respect of the land by
discontinuing any use of the land or by restoring the land to its
condition before the breach took place;  or  
(b) remedying any injury to amenity which has been caused by the
breach.
(5) An enforcement notice may, for example, require -
(a) the alteration or removal of any buildings or works,
(b) the alteration or removal of any buildings or works,
(c) any activity on the land not to be carried on except to the extent
specified in the notice, or
(d) the contour of a deposit of refuse of waste materials on land to be
modified by altering the gradient or gradients of its sides.
(6) An enforcement notice issued in respect of a breach of planning control
consisting of demolition of a building may require the construction of a
building (in this section referred to as a “replacement building") which,
subject to subsection (7) is as similar as possible to the demolished
building.    
(7) A replacement building -
(a) must comply with any requirement imposed by or under any
enactment applicable to the construction of buildings,
(b) may differ from the demolished building in any respect which, if
the demolished building had been altered in that respect, would
not have constituted a breach of planning control, and
(c) must comply with any regulations made for the purposes of this
subsection (including regulations modifying paragraphs (a) and
(b) of this subsection).
(8) An enforcement notice shall specify the date on which it is to take effect
and, subject to section 131(3), shall take effect on that date.   
(9) An enforcement notice shall specify the period for compliance with the
notice at the end of which any steps are required to have been taken or
any activities are required to have ceased, and may specify different
periods for different steps or activities.
(10) Where different periods apply to different steps or activities, references
in this Part to the period for compliance with an enforcement notice, in
relation to any step or activity, are to the period at the end of which the
step is required to have been taken or the activity is required to have
ceased.   
(11) An enforcement notice shall specify such additional matters as may be
prescribed.
(12) Regulations may require every copy of an enforcement notice served
under section 127 to be accompanied by an explanatory note giving
prescribed information as to the right of appeal under section 130.
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(13) Where
(a) an enforcement notice in respect of any breach of planning
control could have required any buildings or works to be
removed or any activity to cease, but does not do so, and  
(b) all the requirements of the notice have been complied with,
then, so far as the notice did not so require, planning permission shall be
treated as having been granted under section 33 in respect of
development consisting of the construction of the buildings or works or,
as the case may be, the carrying out of the activities.  
(14) Where -
(a) an enforcement notice requires the construction of a replacement
building, and
(b) all the requirements of the notice with respect to that construction
have been complied with,
planning permission shall be treated as having been granted under
section 33 in respect of development consisting of that construction.
Variation and
withdrawal of
enforcement notice
129 (1) The planning authority may -
(a) withdraw an enforcement notice issued by them, or
(b) waive or relax any requirement of such a notice and, in
particular, may extend any period specified in accordance with
section 128(9).
(2) The powers conferred by subsection (1) may be exercised whether or
not the notice has taken effect.
(3) The planning authority shall, immediately after exercising the powers
conferred by subsection (1), give notice of the exercise to every person
who has been served with a copy of the enforcement notice or would, if
the notice were reissued, be served with a copy of it.
(4) The withdrawal of an enforcement notice does not affect the power of
the planning authority to issue a further enforcement notice.
Appeal against
enforcement notice 130 (1) A person on whom an enforcement notice is served or any other person
having an interest in the land may, at any time before the date specified
in the notice as the date on which it is to take effect, appeal to the
Secretary of State against the notice on any of the following grounds -
(a) Repealed by 2006 Act.
(b) that the matters which, by virtue of section 128(1)(a) have been
stated in the notice, have not occurred;  
(c) That the matters (if they occurred) do not constitute a breach of
planning control;  
(d) that, at the date when the notice was issued, no enforcement action
could be taken in respect of any breach of planning control which
may be constituted by those matters;
(e) that copies of the enforcement notice were not served as required
by section 127;
(f) that the steps required by the notice to be taken, or the activities
required by the notice to cease, exceed what is necessary to remedy
any breach of planning control which may be constituted by those
matters or, as the case may be, to remedy any injury to amenity
which has been caused by any such breach;
(g) that any period specified in the notice in accordance with section
128(9) falls short of what should reasonably be allowed.
(2) An appeal under this section shall be made -
(a) by giving written notice of the appeal to the Secretary of State
before the date specified in the enforcement notice as the date on
which it is to take effect, or  
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(b) by sending such notice to him in a properly addressed and prepaid
letter posted to him at such time that, in the ordinary course of
post, it would be delivered to him before that date ; or
(c) by sending such notice to them using electronic communications
at such time that, in the ordinary course of transmission, it would
be delivered to them before that date
(3) A person who gives notice under subsection (2) shall submit to the
Secretary of State, either when giving the notice or within the prescribed
time, a statement in writing -
(a) specifying the grounds on which he is appealing against the
enforcement notice, and
(b) giving such further information as may be prescribed.
Appeals: 
supplementary
provisions
131 (1) The Secretary of State may by regulations prescribe the procedure which
is to be followed on appeals under section 130 and, in particular, but
without prejudice to the generality of the foregoing provisions of this
subsection, in so prescribing may -  
(a) specify the matters on which information is to be given in a
statement under section 130(3);
(b) require the planning authority to submit, within such time as may
be specified, a statement indicating the submissions which they
propose to put forward on the appeal;
(c) specify the matters to be included in such a statement;
(d) require the authority or the appellant to give such notice of an
appeal as may be specified to such persons as may be specified;
(e) require the authority to send to the Secretary of State, within such
period from the date of the bringing of the appeal as may be
specified, a copy of the enforcement notice and a list of the persons
served with copies of it.
(2) Repealed by 2006 Act
(3) Where an appeal is brought under section 130 the enforcement notice
shall be of no effect pending the final determination or the withdrawal of
the appeal. 
(4) Schedule 4 applies to appeals under section 130, including appeals under
that section as applied by regulations under any other provisions of this
Act. 
General provisions
relating to
determination of
appeals 
132 (1) On the determination of an appeal under section 130, the Secretary of
State shall give directions for giving effect to the determination,
including, where appropriate, directions for quashing the enforcement
notice. 
(2) On such an appeal the Secretary of State may - 
(a) correct any defect, error or misdescription in the enforcement
notice, or
(b) vary the terms of the enforcement notice,
if he is satisfied that the correction or variation will not cause injustice to
the appellant or the planning authority.  
(3) The Secretary of State may -
(a) dismiss an appeal if the appellant fails to comply with section
130(3) within the prescribed time, and
(b) allow an appeal and quash the enforcement notice if the planning
authority fail to comply with any requirement imposed by virtue
of paragraph (b), (c) or (e) of section 131(1).
(4) Where it would otherwise be a ground for determining an appeal in favour
of the appellant that a person required by section 127(2) to be served with
a copy of the enforcement notice was not served, the Secretary of State
may disregard that fact if neither the appellant nor that person has been
substantially prejudiced by the failure to serve him.
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Grant or
modification of
planning permission
on appeal against
enforcement notice. 
133 (1) On the determination of an appeal under section 130, the Secretary of
State may
(a) Repealed by 2006 Act
(b) Repealed by 2006 Act
(c) Repealed by 2006 Act
(d) determine whether on the date on which the appeal was made, any
existing use of the land was lawful, any operations which had been
carried out in, on, over or under the land were lawful or any matter
constituting a failure to comply with any condition or limitation
subject to which the permission was granted was lawful and, if so,
issue a certificate under section 150. 
(2) The provision of sections 150 to 153 mentioned in subsection (3) shall
apply for the purposes of subsection (1)(d) as they apply for the purposes
of section 150, but as if -
(a) any reference to an application for a certificate were a reference to
the appeal and any reference to the date of such an application
were a reference to the date on which the appeal is made, and 
(b) references to the planning authority were references to the
Secretary of State. 
(3) Those provisions are sections 150(5) to (7), 152(4) (so far as it relates to
the form of the certificate), (6) and (7) and 153. 
(4) Repealed by 2006 Act. 
(5) Repealed by 2006 Act. 
(6) Repealed by 2006 Act. 
(7) Repealed by 2006 Act. 
(8) Repealed by 2006 Act. 
(9) Repealed by 2006 Act. 
(10) Repealed by 2006 Act. 
(11) Repealed by 2006 Act. 
Validity of
enforcement notices
134 The validity of an enforcement notice shall not be questioned in any proceedings
whatsoever on any of the grounds specified in section 130(1) (b) to (e) except by
appeal under that section.
Execution and cost
of works required by
enforcement notice
135 (1) If any steps which are required by an enforcement notice to be taken have
not been taken within the compliance period, the planning authority may
-
(a) enter the land take those steps, and
(b) recover from the person who is then the owner or lessee of the
land any expenses reasonably incurred by them in doing so.
(2) If that person did not appeal to the Secretary of State although entitled to
do so, he shall not be entitled to dispute the validity of the action taken
by the planning authority under subsection (1) in accordance with the
enforcement notice.
(3) In computing the amount of the expenses which may be recovered by
them under subsection (1), a planning authority may include in that
amount such proportion of their administrative expenses as seems to
them to be appropriate.
(4) Where a copy of an enforcement notice has been served in respect of
any breach of planning control -
(a) any expenses incurred by the owner, lessee or occupier of any
land for the purpose of complying with the notice, and
(b) any sums paid by the owner or lessee of any land under
subsection (1) in respect of expenses incurred by the planning
authority in taking steps required by such a notice to be taken,
shall be recoverable from the person by whom the breach of planning
control was committed.
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(5) If on a complaint by the owner of any land it appears to the sheriff that
the occupier of the land is preventing the owner from carrying out work
required to be carried out by an enforcement notice, the sheriff may by
warrant authorise the owner to go on to the land and carry out that work.
(6) A planning authority taking steps under subsection (1) may sell any
materials removed by them from the land unless those materials are
claimed by the owner within three days of their removal.
(7) After any such sale the planning authority shall pay the proceeds to the
owner less the expenses recoverable by them from him.
(8) Where a planning authority seek, under subsection (1), to recover any
expenses from a person on the basis that he is the owner of any land,
and such person proves that -
(a) he is receiving the rent in respect of that land merely as trustee,
tutor, curator, factor or agent of some other person, and
(b) he has not, and since the date of the service on him of the
demand for payment has not had, in his hands on behalf of that
other person sufficient money to discharge the whole demand of
the authority,
his liability shall be limited to the total amount of the money which he
has or has had in his hands on behalf of that other person.
(9) A planning authority who by reason of subsection (8) have not
recovered the whole of any such expenses from a trustee, tutor, curator,
factor or agent may recover any unpaid balance from the person on
whose behalf the rent is received.
(10) Any person who wilfully obstructs a person acting in the exercise of
powers under subsection (1) shall be guilty of an offence and liable on
summary conviction to a fine not exceeding level 3 on the standard
scale.  
(11) In this section and in sections 136, 136A, 140 and 141 any reference to
the compliance period, in relation to an enforcement notice, is a
reference to the period specified in the notice for compliance with it or
such extended period as the planning authority may allow for
compliance.  .
Offence where
enforcement notice
not complied with
136 (1) Where, at any time after the end of the compliance period in respect of
an enforcement notice, any step required by the notice to be taken has
not been taken or any activity required by the notice to cease is being
carried on, the person who is then the owner of the land is in breach of
the notice.
(2) Where the owner of the land is in breach of the notice he shall be guilty
of an offence.
(3) In proceedings against any person for an offence under subsection (2), it
shall be a defence for him to show that he did everything he could be
expected to do to secure compliance with the notice.
(4) A person who has control of or an interest in the land to which an
enforcement notice relates (other than the owner) must not carry on any
activity which is required by the notice to cease or cause or permit such
an activity to be carried on.
(5) A person who, at any time after the end of the period for compliance
with the notice, contravenes subsection (4) shall be guilty of an offence.
(6) An offence under subsection (2) or (5) may be charged by reference to
any day or longer period of time and a person may be convicted of a
second or subsequent offence under the subsection in question by
reference to any period of time following the preceding conviction for
such an offence.
(7) Where -
(a) a person charged with an offence under this section has not been
served with a copy of the enforcement notice, and
(b) the notice is not contained in the appropriate register kept under
section 147,
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it shall be a defence for him to show that he was not aware of the
existence of the notice.
(8) A person guilty of an offence under this section shall be liable -
(a) on summary conviction, to a fine not exceeding £50,000, and
(b) on conviction on indictment, to a fine.
(9) In determining the amount of any fine to be imposed on a person
convicted of an offence under this section, the court shall in particular
have regard to any financial benefit which has accrued or appears likely
to accrue to him in consequence of the offence.
136a Fixed penalty notice where enforcement notice not complied with
(1) Where a planning authority have reason to believe that, by virtue of
subsection
(1) of section 136, a person is in breach of an enforcement notice they
may, provided that the conditions mentioned in subsection (7) are
satisfied, serve on him a fixed penalty notice as respects that breach.
(2) The fixed penalty notice is to specify—
(a) the step specified, under subsection (3) of section 128, in the
enforcement notice which has not been taken, or
(b) the activity so specified which has not ceased.
(3) It is not competent to serve more than one fixed penalty notice in
relation to a particular step or activity.
(4) For the purposes of this section, a “fixed penalty notice” is a notice
offering the person the opportunity of discharging, by paying to the
planning authority, within the period of 30 days which immediately
follows the day on which that notice is served, a penalty of an amount
(being a prescribed amount) specified in the notice, any liability to
conviction for an offence under section 136 as respects the breach of the
enforcement notice.
(5) But if payment is made within the first 15 days of the period mentioned
in subsection (4) the amount payable is reduced by 25%.
(6) The fixed penalty notice is to identify the period mentioned in
subsection (4) and is also to state that if payment is made within the first
15 days of that period the amount payable is reduced by 25%.
(7) The conditions are that the fixed penalty notice—
(a) is served within the period of 6 months which immediately
follows the compliance period in relation to the enforcement
notice, and
(b) is not served after the person has been charged with an offence
under section 136 as respects the breach of the enforcement
notice
(8) During the period mentioned in subsection (4) it is not competent to
commence proceedings against the person for an offence under section
136 as respects that breach.
(9) If the amount (or as the case may be the reduced amount) is timeously
paid it is not competent to commence proceedings against the person for
an offence under section 136 as respects that breach.
(10) A penalty received by a planning authority by virtue of subsection (4) is
to accrue to that authority.
(11) In prescribing an amount for the purposes of subsection (4), the Scottish
Ministers may make different provision for different cases or for
different classes of case.
Effect of planning
permission etc on
enforcement or
breach of condition
notice
137 (1) Where, after the service of –
(a) a copy of an enforcement notice, or
(b) a breach of condition notice,
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planning permission is granted for any development carried out before
the grant of that permission, the notice shall cease to have effect so far
as inconsistent with that permission.
(2) Where, after a breach of condition notice has been served, any condition
to which the notice relates is discharged, the notice shall cease to have
effect so far as it requires any person to secure compliance with the
condition in question.
(3) The fact that an enforcement notice or breach of condition notice has
wholly or partly ceased to have effect by virtue of this section shall not
affect the liability of any person for an offence in respect of a previous
failure to comply, or secure compliance, with the notice.
Enforcement notice
to have effect
against subsequent
development
138 (1) Compliance with an enforcement notice, whether in respect of –
(a) the removal or alteration of any building or works,
(b) the discontinuance of any use of land, or
(c) any other requirements contained in the notice,
shall not discharge the notice.
(2) Without prejudice to subsection (1), any provision of an enforcement
notice requiring a use of land to be discontinued shall operate as a
requirement that it shall be discontinued permanently, to the extent that
it is in contravention of Part III; and accordingly the resumption of that
use at any time after it has been discontinued in compliance with the
enforcement notice shall to that extent be in contravention of the
enforcement notice.
(3) Without prejudice to subsection (1), if any development is carried out on
land by way of reinstating or restoring buildings or works which have
been removed or altered in compliance with an enforcement notice, the
notice shall, notwithstanding that its terms are not apt for the purpose,
be deemed to apply in relation to the buildings or works as reinstated or
restored as it applied in relation to the buildings or works before they
were removed or altered.
(4) A person who, without the grant of planning permission in that behalf,
carries out any development on land by way of reinstating or restoring
buildings or works which have been removed or altered in compliance
with an enforcement notice shall be guilty of an offence, and shall be
liable on summary conviction to a fine not exceeding the statutory
maximum.
(5) In determining the amount of the fine to be imposed under subsection
(4), the court is in particular to have regard to any financial benefit
which has accrued or appears likely to accrue to the convicted person in
consequence of the activity which constituted the offence.
Power of Secretary
of State to serve
enforcement notice
139 (1) If it appears to the Secretary of State that it is expedient that an
enforcement notice should be served in respect of any land, he may
himself serve such a notice under section 127.
(2) An enforcement notice served by the Secretary of State shall have the
same effect as if it had been served by the planning authority.
(3) The Secretary of State shall not serve such a notice without consulting
the planning authority.
(4) The provisions of this Act relating to enforcement notices apply, so far
as relevant, to an enforcement notice served by the Secretary of State as
they apply to an enforcement notice served by a planning authority, but
with the substitution for any reference to the planning authority of a
reference to the Secretary of State, and any other necessary
modifications.  
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Reproduced from the Ordnance Survey map with the permission of the
controller of Her Majesty's Stationary Office. Crown copyright reserved.
Unauthorised reproduction infringes Crown copyright and may lead to
prosecution or civil  proceedings
Midlothian Council Licence No. 100023416 (2022)
Midlothian Council
Fairfield House
8 Lothian Road
Dalkeith
EH22 3AA
Planning Service
Place Directorate Enforcement Notice
Land North of 6 Ashbank, Gorebridge
File No: E/22/24
Scale:1:1,000 ±Page 40 of 72

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Appendix B
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Planning Committee
Tuesday 20 January 2026
Item No 5.2
PRE-APPLICATION REPORT REGARDING THE ERECTION OF NEW
COMMUNITY CAMPUS COMPRISING HIGH SCHOOL, PRIMARY SCHOOL,
NURSERY, SPORTS FACILITIES, ASSOCIATED PARKING AND PLAYING
FIELDS AT SHAWFAIR SITE D, NEWTON, DANDERHALL (25/00651/PAC)
Report by Chief Officer Place
1 PURPOSE OF REPORT
1.1 The purpose of this report is to advise the Committee of the submission
of a Proposal of Application Notice (PAN) and corresponding pre-
application consultation for the erection of a new community campus
comprising a high school, primary school, nursery, sports facilities,
associated parking and playing fields at Shawfair Site D, Newton,
Danderhall.
1.2 The pre-application consultation is reported to Committee to enable
Councillors to express a provisional view on the proposed major
development. The report outlines the proposal, identifies the key
development plan policies and material considerations and states a
provisional, without prejudice, planning view regarding the principle of
development. 
2 BACKGROUND
2.1 Guidance on the role of Councillors in the pre-application process
published by the Commissioner for Ethical Standards in Public Life in
Scotland, was reported to the Committee at its meeting of 30 August
2022. The guidance clarifies the position regarding Councillors stating
a provisional view on proposals at pre-application stage.
2.2 A Proposal of Application Notice (PAN) detailing the pre-application
consultation for the development of a new community campus at
Shawfair including high school, primary school, nursery, sports
facilities, playing fields and associated parking, was submitted on 3
December 2025. The applicant is Midlothian Council. 
2.3 As part of the pre-application consultation process, four public events
will be arranged. These are to be held at Danderhall Community Hub
and Millerhill Community Hub (two events at each location).  The dates
of the public events are to be confirmed by the applicant in due course,
but it has been stated that the first two will take place in February 2026
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between 16:30 and 20:30.  A minimum period of 14 days must occur
between the first and final consultation events and the events must be
advertised at least 7 days prior to them taking place within a local
newspaper. 
2.4 An applicant must wait 12 weeks from the date of submission of a PAN
before submitting a planning application. The earliest date that the
application could be submitted is the 26 of February 2026 subject to the
consultation having been completed.  The subsequent planning
application must be accompanied by a Pre-Application Consultation
Report detailing the consultation undertaken, a summary of written
responses and views expressed at the public events, and an
explanation of how members of the public were given feedback on the
applicant’s consideration of their views. 
2.5  A copy of the pre application notice has been sent by the applicant to
Danderhall and District Community Council. 
2.6  It is reasonable for an Elected Member to attend one of the events
without a Council planning officer present, but the Member should (in
accordance with the Commissioner’s guidance reported to the
Committee at its meeting in August 2022) not offer views, as the forum
for doing so will be at meetings of the Planning Committee. 
3 PLANNING CONSIDERATIONS 
3.1 In assessing any subsequent planning application, the main planning
issue to be considered in determining the application is whether the
proposed development complies with development plan policies unless
material planning considerations indicate otherwise. The views of
consultees and representors will be material considerations in the
assessment of an application for the proposed development. 
3.2 The development plan is comprised of National Planning Framework 4
(2023) and the Midlothian Local Development Plan 2017 (MLDP).
Section 24(3) of the Town and Country Planning (Scotland) Act 1997
states that where there is an incompatibility between the provisions of
the National Planning Framework and the provisions of a local
development plan whichever of them is the later in date is to prevail. At
present this means that where there is an incompatibility, NPF4 takes
precedence, this will change when a new local development plan is
adopted. 
3.3 The application site measures approximately 14.5 hectares and is
situated to northeast of Shawfair Rail Station and comprises part of the
former site of the Monktonhall Colliery.  The site is located within the
Shawfair new settlement area and approved Shawfair Masterplan, with
the southwestern extremity of the site being within the Shawfair town
centre zone. 
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3.4 The site is broadly triangular in shape.  The Borders Railway line
bounds the site to the west and the Recycling and Energy Recovery
Centre (energy from waste facility) and the Millerhill Marshalling Yards
bound the site to the east.  To the south of the site is a parcel of land
containing the settlement ponds connected to the former colliery use.
The Cairnie Burn runs nearby to the south of the site and consists of
both open channel and culverts.  To the southwest of the site is
Shawfair Rail Station and the bridge over the railway line which serves
the station. 
3.5 The site is currently undergoing remediation and grouting works
approved by planning application 24/00148/DPP (approved by the
Committee at its meeting of 2 June 2024).  These works are to clean
up the site and facilitate its future development as a community
campus for Shawfair. 
3.6 The relevant policies of the National Planning Framework 4 (NPF4)
are: 
• Policy 1 Tackling the climate and nature crises
• Policy 2 Climate mitigation and adaptation
• Policy 3 Biodiversity
• Policy 4 Natural Places
• Policy 5 Soils
• Policy 6 Forestry, woodland and trees
• Policy 7 Historic assets and places
• Policy 9 Brownfield, vacant and derelict land and empty buildings
• Policy 11 Energy
• Policy 12 Zero Waste
• Policy 13 Sustainable Transport
• Policy 14 Design, quality and place
• Policy 15 Local Living and 20-minute neighbourhoods
• Policy 18 Infrastructure first
• Policy 19 Heat and cooling
• Policy 20 Blue and green infrastructure
• Policy 22 Flood risk and water management 
• Policy 21 Play, recreation and sport
• Policy 24 Digital Infrastructure
• Policy 27 City, town, local and commercial centres 
3.7 The relevant policies of the Midlothian Local Development Plan (2017)
are: 
• Policy STRAT1: Committed Development 
• Policy STRAT3: Strategic Housing Land Allocations
• Policy DEV2: Protecting Amenity within the Built-Up Area
• Policy DEV5: Sustainability in New Development
• Policy DEV6: Layout and Design of New Development
• Policy DEV7: Landscaping in New Development
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• Policy DEV8- Open Spaces 
• Policy DEV9: Open Space Standards 
• Policy DEV10: Outdoor Sports Facilities
• Policy TRAN1: Sustainable Travel
• Policy TRAN5: Electric Vehicle Charging
• Policy IT1: Digital Infrastructure
• Policy TCR1: Town Centres
• Policy ENV7: Landscape Character
• Policy ENV9: Flooding
• Policy ENV10: Water Environment
• Policy ENV11: Woodland, Trees and Hedges
• Policy ENV15: Species and Habitat Protection and Enhancement
• Policy ENV16: Vacant, Derelict and Contaminated Land
• Policy ENV17: Air Quality
• Policy ENV18: Noise
• Policy ENV25: Site Assessment, Evaluation and Recording
• Policy NRG6: Community Heating
• Policy IMP1: New Development
• Policy IMP2: Essential Infrastructure Required to Enable New
Development to Take Place
• Policy IMP3: Water and Drainage 
3.8 The site is identified in the MLDP as comprising part of the former
Monktonhall Colliery and forming part of the Shawfair new community.
The site is identified under Policy STRAT1 as comprising committed
housing and economic development land associated with the Shawfair
development.  Policy STRAT1 of the MLDP clarifies that development
should proceed in line with the planning permission for the Shawfair
community and the Shawfair Masterplan and Design Guide which set
out the development framework for the Shawfair development. 
3.9 Since the approval of the Shawfair Masterplan and Design Guide, the
education strategy for the Shawfair new community has been revised
to include a new secondary school in the area. This strategy was
approved by the Council at its meetings in December 2015 and
February 2017. The application site, known as Blocks D, J and N in the
Shawfair Masterplan, has been identified as the location for this use.
Although this decision does not mean that planning permission should
automatically be granted for such a development, the Council decision
and Learning Estate Strategy 2017-2047 are material considerations in
supporting the education use on the site. 
3.10 Planning permission in principle was granted in September 2019 for the
erection of a community facility incorporating a secondary and primary
school, early learning provision and family learning, leisure, healthcare
and Class 4 business facilities (application ref. 19/00112/PPP). This
planning permission was not implemented and lapsed in 2022. 
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3.11 The proposed development is an integral component of the Shawfair
development and, as such, if an application is submitted there will be a
presumption in favour of the proposed development subject to it
complying with the planning permission for the Shawfair new
community and the Shawfair Masterplan and Design Guide. 
3.12 Detailed consideration will have to be given to design matters,
particularly the site layout, the siting, design and appearance of
buildings and other structures, the materials used, landscaping, open
space, parking, biodiversity and sustainability, to ensure compliance
with sustainable place-making policies within the MLDP and NPF4.  It
will also be necessary to consider transport and active travel
arrangements.
4 PROCEDURES
4.1 The Scottish Government’s Guidance on the Role of Councillors in Pre-
Application Procedures provides for Councillors to express a ‘without
prejudice’ view and to identify material considerations regarding a
major application.
4.2 The Committee is invited to express a ‘without prejudice’ view and to
raise any material considerations which they wish the applicant and/or
officers to consider. Views and comments expressed by the Committee
will be entered into the minutes of the meeting and relayed to the
applicant for consideration. 
4.3 The Scottish Government’s Guidance on the Role of Councillors in Pre-
Application Procedures advises that Councillors be expected to
approach their decision-making with an open mind in that they must
have regard to all material considerations and be prepared to change
their views that they are minded towards if persuaded that they should.
5 RECOMMENDATION 
5.1 It is recommended that the Committee notes:
a) the provisional planning position set out in this report;
b) that any comments made by Members will form part of the minute of
the Committee meeting; and
c) that the of expression of a provisional view does not fetter the
Committee in its consideration of any subsequent formal planning
application.
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Peter Arnsdorf
Head of Placemaking 
Date:     8 January 2026 
Application No:    25/00651/PAC
Applicant:   Midlothian Council
Agent:              JM Architects 
Validation Date:  3 December 2025
Contact Person:  Eilidh Paul, Planning Officer
Email:   eilidh.paul@midlothian.gov.uk  
Attached Plans:    Location Plan
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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)
Proposal of application notice for erection of new
community campus comprising high school, primary
school, nursery, sports facilities, associated parking
and playing fields.
Shawfair Site D, Newton, Danderhall.
File No. 25/00651/PAC
Scale 1:5000Page 50 of 72

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Planning Committee
Tuesday 20 January 2026
Item No 5.3
APPLICATION FOR PLANNING PERMISSION 25/00306/DPP FOR
FORMATION OF ACCESS ROAD; ERECTION OF RETAINING WALL AND
FENCE AND ASSOCIATED WORKS AT MAVISBANK ESTATE,
LASSWADE ROAD, LOANHEAD  
Report by Chief Officer Place
1. SUMMARY OF APPLICATION AND RECOMMENDED DECISION
1.1. The application is in detail for the formation of access road;
erection of retaining wall and fence and associated works at
Mavisbank Estate, Lasswade Road, Loanhead.
1.2. There have been seven representations and consultation
responses from Historic Environment Scotland, Scottish Water,
The Council’s Ecological Advisor (TWIC), the Council’s
Archaeological Advisor (ELAS), the Loanhead and District
Community Council, the Council’s Senior Manager
Neighbourhood Services (Roads) and the Council’s Land
Resource Manager.
1.3. The relevant development plan policies are policies 1, 2, 3, 5, 6, 7,
8, 13, 18, 20, 22 and 23 of National Planning Framework 4 (NPF4)
and policies ENV1, ENV6, ENV7, ENV9, ENV10, ENV11, ENV14,
ENV15, ENV19, ENV20, ENV23, ENV24, ENV25, TRAN1, IMP2 and
IMP3 of the Midlothian Local Development Plan (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 largely narrow strip of land measuring
1.78 hectares in area and is dog-legged in shape, running in a south
easterly direction from an existing agricultural access at Wadingburn
Road before then turning southwest and winding down to the category
A listed Mavisbank House.  The application site crosses over
agricultural land and open parkland that is covered by shrubs, trees
and rough grass.  Mavisbank House does not form part of the
application site itself but a roughly square area of land to the front of
the house terminates the westernmost extent of the application site.
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2.2. The application site is located within the greenbelt, Mavisbank
Conservation Area, a special landscape area and a nationally
important designed landscape as defined by the Midlothian Local
Development Plan. 
3. PROPOSAL
3.1. Planning permission is sought for the formation of a vehicle access
road and the erection of a retaining wall and fence and other
associated works to enable access to Mavisbank House to facilitate
rehabilitation works.  The Mavisbank House phase one works relate to
the recently approved stabilisation and repair work of the ruined house;
including rebuilding of internal walls and chimneys; formation of a door
opening, installation of steel frame and security mesh windows;
installation of fencing, temporary steps and ramp and other associated
works.  The submitted Planning Statement notes that the Landmark
Trust are seeking to come forward with phase two works which will
comprise of the re-roofing and restoration of the house for the use as a
holiday let and community use with educational initiatives.  The phase
two works do not form a part of the current application nor are there
any current applications pending consideration for this second phase of
the works.
3.2. The proposed access drive will extend approximately 850metres,
running southeast from an existing field access at Wadingburn Road
along the line of an existing field boundary before continuing southwest
and terminating at Mavisbank House.  The access drive will be 3.5
metres wide with a total of six passing bays included along the route.
The access drive is to be surfaced in Ulticolour in ‘Buff Quartzite’,
which is a buff/natural coloured porous tarmac.  A field gate is to be
installed with a 50m set back from Wadingburn Road to restrict vehicle
access. 
3.3. The proposals include a retaining wall which comprises of an
approximately 8.27m length of ‘Flex MSE vegetated retaining wall’ to
the western side of the proposed access drive approximately 135m
from Wadingburn Road.  This walling material is mechanically
stabilised earth and is an alternative to concrete or gabion baskets.
3.4. The proposals include filter drains running alongside the access drive
and swales to manage any surface water runoff towards the existing
Scottish Water outflow. 
3.5. In terms of tree removal and landscaping, the proposals require the
removal of approximately 86 trees of varying size and health and
proposes for compensatory planting of 90 trees of equivalent tree
species to those being removed.  Additional planting and landscaping
is proposed along the access drive route. 
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3.6. The applicant has confirmed that there will be no significant road
closures proposed during construction. There may be some local traffic
management to enable the initial works to formalise the access taken
from Wadingburn Road. 
3.7. The application is accompanied by:
• Planning Supporting Statement
• Bat Survey
• Coal Mining Risk Assessment 
• Ecology Survey
• Ecological Survey Report Appendices 
• Heritage Statement 
• Tree Removal Statement 
• Tree Survey Part 1 and 2
4. BACKGROUND 
4.1. Associated listed building consent (25/00307/LBC) and planning
permission (25/00311/DPP) were granted in December 2025 for the
stabilisation and repair work of Mavisbank House; including rebuilding
of internal walls and chimneys; formation of door opening, installation
of steel frame and security mesh windows; installation of fencing,
interpretation boards, temporary steps and ramp and associated works. 
4.2. The planning application is subject to an objection from Loanhead and
District Community Council which provided the opportunity for local
elected members to ‘call in’ the application for consideration by the
Planning Committee. Councillor Winchester ‘called in’ the application to
be given further scrutiny by the Planning Committee. 
5. CONSULTATIONS 
5.1. Historic Environment Scotland does not object to the application but
advised that the proposed access drive would have significant physical
and visual impacts on the Mavisbank Inventory site (the designed
landscape), and it would be more impactful than the previously
discussed routes.  Historic Environment Scotland noted that the
previously proposed access route reused almost the full length of the
historic East Drive.  They state that the current proposal would cut
down the valley side halfway along the drive, which would introduce a
significant new element into a sensitive part of the designed landscape.
Furthermore, Historic Environment Scotland advised that the access
drive will result in a breach in the edge of the valley escarpment,
creating the only break in the currently unbroken valley edge, which is
a distinctive feature of the designed landscape. This would be visible in
views, especially across the valley from the south. Taking the new
access drive down into the valley at one of the steepest parts of the
valley side would result in significant amounts of cut and fill, as well as
the removal of 86 trees. 
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5.2. Historic Environment Scotland noted that the proposed access drive is
to be located to the east of The Knowe, an important landform and
planted element of the designated designed landscape.  Historic
Environment Scotland also noted that whilst the access drive would be
visible in longer views across the valley from the south, it will not have
a significant adverse impact on key views from and towards Mavisbank
House, as well as views from the ‘Roman Station’ landform behind the
house. Whilst the arboricultural report shows that 86 trees would be
removed, the removals have been kept to a minimum. All veteran trees
would be retained, and root protection areas identified along the route
where necessary. 
5.3. It is noted that, as well as negative impacts, the proposed development
would provide elements which would enhance both the inventory site
and the setting of Mavisbank House, including the proposed removal of
vegetation from the forecourt of the house to reopen up important
views, as well as the removal of a block of mature sitka spruce which
currently block views. Furthermore, the proposed access drive would
facilitate phase one works to the house which is crucial to allow the
conservation, repair and reuse of the important category A listed
Mavisbank House, which forms the focal point of this designed
landscape. 
5.4. Overall, Historic Environment Scotland weighed up the negative
impacts on the inventory site against the positive conservation benefits
to both the house and its designed landscape.  They concluded that
the proposed development is only acceptable because it is a crucial
first step to allow the conservation and restoration of these
internationally important heritage assets. Without that conservation
benefit, the impacts would be unacceptable. 
5.5. Scottish Water does not object to the application, but that this does
not mean that the proposed development can automatically be
serviced. 
5.6. The Council’s Ecological Advisor – The Wildlife Information Centre
(TWIC) does not object to the application.  TWIC initially provided
feedback on the Ecological Survey Report and confidential Badger
annexe dated 21 March 2025 and were generally satisfied that the
report was sufficiently thorough to support the conclusions and
recommendations provided.  TWIC did request that the report was
updated to reflect the access route that was subject of the current
planning application to fully consider the impact.  The applicant
arranged for a revised Ecological Survey Report and confidential annex
to be submitted.  TWIC provided an updated response on the
Ecological Survey Report and confidential annex.  TWIC noted that
recommendations have been added regarding woodland/hedgerow
planting to compensate for loss of woodland/scrub/hedgerow as part of
proposed works, however, planned works include the removal of a
section of the long-established woodland (of plantation origin), which is
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listed on the ancient woodland inventory.  TWIC are of the view that the
loss of ancient woodland habitat should be avoided as new planting
cannot compensate for its loss. TWIC confirmed that the previous
comments relating to other matters and findings were still relevant.
Should planning permission be granted then the recommendations
within the Ecological Survey Report and confidential annex can be
secured via use of condition. 
5.7. The Council’s Archaeology Advisor – East Lothian Archaeology
Service (ELAS) does not object to the application but noted that whilst
there is going to be an impact in forming the new access it is not one
that would outweigh the benefits in relation to enabling the
conservation of Mavisbank House.  However, it is noted that the
resultant development is likely to result in the potential disturbance and
change to the character of the historic designed landscape, along with
the potential disturbance/loss of buried archaeological remains.  As a
result, a planning condition should be attached to any grant of planning
permission to secure a programme of archaeological works, including
survey and recording and archaeological monitoring. 
5.8. The Loanhead and District Community Council (LDCC) welcomed
the proposals to save Mavisbank House and improve public access
and noted that the site is located within LDCC’s only conservation area.
They request that all/any development complies with the Mavisbank
Conservation Area Character Appraisal and Management Plan.  LDCC
noted that whilst the proposals will improve public access they will also
result in the exposure of the conservation area to the potential increase
in littering, BBQ’s, campfires, late night noise and wild comping which
will all have a detrimental effect on the surrounding area.  LDCC noted
that it is unclear how the applicant will mitigate against these issues or
where public toilets are to be located.  As such, LDCC objected to the
planning application.  It is noted that the applicant submitted a
response on the 12 September 2025 to address the concerns raised by
LDCC.  LDCC were re-consulted on 19 September 2025, but offered
no updated response, therefore the objection remains extant. 
5.9. The Council’s Senior Manager Neighbourhood Services (Roads)
does not object to the application and confirmed that the proposed
access drive will be private and will not be adopted.  It was also
confirmed that the proposed access drive seeks to utilise an existing
field access at the Wadingburn Road (A768) that is already in use. 
5.10. The Council’s Land Resources Manager does not object to the
application but advised of the existing core paths in and around
Mavisbank House that may be impacted during construction.  It is
noted that if any paths are required to be closed before, during or after
the construction of the development then details of any route diversion
will need to be agreed prior to the commencement of works. 
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6. REPRESENTATIONS 
6.1. Seven representations have been received in connection with the
application, of these six are objections (from four separate households)
and one support representation.  Full details of the representations can
be viewed on the online planning file. 
6.2. Material considerations in the objection representations include:
• Concerns regarding the proposed works resulting in the future
development of the field.
• There are already existing access routes to Mavisbank House
which should be utilised - the environment should be cared for and
not destroyed when alternatives are available.
• The private development will reduce public access to the site.
• The land is located within the greenbelt and protected by policy
ENV1.  The access development and short term let development is
detrimental to this greenbelt.
• The formation of an access drive adversely impacts a protect
designed landscape that is of national significance.
• Concerns regarding the loss of over 80 trees, in-particular the Sitka
Spruce Group of trees which are in good health.
• Concerns about ground stability and high costs for construction and
future maintenance costs.
• Mavisbank House should be made safe but not re-built at the cost
of the natural environment. 
• Detrimental impact and distress on the land and wildlife. 
6.3. The supporting representation noted that the proposed works appear to
be necessary and that 50 years is long enough to wait for the works to
Mavisbank House to go ahead. 
7. PLANNING POLICY 
7.1. The development plan is comprised of National Planning Framework 4
and the 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; sets out to
encourage, promote and facilitate development that addresses the
global climate emergency and nature crisis. 
7.3. 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. 
7.4. Policy 3 Biodiversity; sets out to protect biodiversity, reverse
biodiversity loss, deliver positive effects from development and
strengthen nature networks. 
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7.5. 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. 
7.6. Policy 6 Forestry, woodland and trees; sets out to protect and
expand forests, woodland and trees. 
7.7. 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. 
7.8. Policy 8 Green belts; sets out to encourage, promote and facilitate
compact urban growth and use the land around our towns and cities
sustainably. 
7.9. 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. 
7.10. Policy 18 Infrastructure first; sets out to encourage, promote and
facilitate an infrastructure first approach to land use planning, which
puts infrastructure considerations at the heart of placemaking. 
7.11. Policy 20 Blue and green infrastructure; sets out to protect and
enhance blue and green infrastructure and their networks. 
7.12. 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. 
7.13. 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. 
Midlothian Local Development Plan 2017 (MLDP) 
7.14. Policy TRAN1: Sustainable Travel aims to encourage sustainable
modes of travel. 
7.15. Policy ENV1: Protection of the Green Belt advises that development
will not be permitted in the Green Belt except for proposals that;
A.  are necessary to agriculture, horticulture or forestry; or
B.  provide opportunities for access to the open countryside,
outdoor sport or outdoor recreation which reduce the need to
travel further afield; or
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C.  are related to other uses appropriate to the rural character of
the area; or
D.  provide for essential infrastructure; or
E. form development that meets a national requirement or
established need of no other site is available.  
Any development proposal will be required to show that it does not
conflict with the overall objectives of the Green Belt which is to
maintain the identity and landscape setting of Edinburgh and
Midlothian towns by clearly identifying their physical boundaries and
preventing coalescence. 
7.16. 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. 
7.17. 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.   
7.18. 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. 
7.19. 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.   
7.20. 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.   
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7.21. Policy ENV14: Regionally and Locally Important Nature
Conservation Sites states that development will not be permitted
where it could adversely affect the nature conservation interest of such
sites, unless it can be demonstrated that appropriate mitigation
measures are in place. 
7.22. Policy ENV15: Species and Habitat Protection and Enhancement
presume against development that would affect a species protected by
European or UK law. 
7.23. Policy ENV19: Conservation Areas states that development will not
be permitted within or adjacent to conservation areas where it would
have any adverse effect on its character or appearance.   
7.24. Policy ENV20: Nationally Important Gardens and Designed
Landscapes states development should protect, and where
appropriate enhance, gardens and designed landscapes. 
Development will not be permitted which would harm the character,
appearance and/or setting of a garden or designed landscape as
identified in the Inventory of historic Gardens and Designed
Landscapes. 
7.25. Policy ENV23: Scheduled Monuments states that development which
could have an adverse effect on a scheduled monument, or the
integrity of its setting, will not be permitted. 
7.26. Policy ENV24: Other Important Archaeological or Historic Sites
seeks to prevent development that would adversely affect regionally or
locally important archaeological or historic sites, or their setting. 
7.27. 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. 
7.28. 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.   
7.29. Policy IMP3: Water and Drainage require sustainable urban drainage
systems (SUDS) to be incorporated into new development. 
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7.30. Section 59 of the Planning (Listed Buildings and Conservation Areas)
(Scotland) Act 1997 places a duty on planning authorities to pay
special attention to the desirability of preserving or enhancing the listed
building or its setting or any features of special architectural or historic
interest which it possesses. 
7.31. Section 64 of the Planning (Listed Buildings and Conservation Areas)
(Scotland) Act 1997 places a duty on planning authorities to pay
special attention to the desirability of preserving or enhancing the
character or appearance of conservation areas. 
7.32. Historic Environment Policy for Scotland (HEPS) 2019 offers guidance
on the protection and management of the historic environment and
Conservation Areas and areas of special architectural or historic
interest, the character or appearance of which it is desirable to
preserve or enhance. Their designation provides the basis for the
positive management of an area. The Policy Statement also indicated
that the planning authority should consider the design, materials, scale
and sitting of any development, and its impact on the character of the
historic environment. 
7.33. Historic Environment Scotland’s document Mavisbank Policies,
Designed Landscape, Conservation Management Plan V3 provides
guidance and policies for the future management of the designed
landscape balanced with the architectural, archaeological, historical
and ecological significance of the place. The Conservation
Management Plan sets out the following statements of what it is
intended to achieve in the planning and design any project, as the
basis for management policies and any actions derived from them. 
• To conserve historic features of all periods by protection,
stabilisation and restoration as appropriate.
• To achieve integrated development of the house uses and
proposals with those for the landscape.
• To maximise accessibility of the landscape for all users and
provide links with and between local communities.
• To plan for the use of Mavisbank by both local people and
visitors and involve them in planning and management. 
• To preserve and enhance the separation of the local settlements
provided by the wooded valley.
• To encourage mental and physical health and well-being in the
local and wider community by enjoyment of the outdoors and
exercise. 
• To promote understanding of the history and development of
Mavisbank and its natural values and make good use of its
educational potential.
• To enhance the existing natural habitats and increase their
species diversity, including care of protected species.
• To incorporate new uses and features where compatible with
the significance of the place that will benefit future viability. 
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• To increase knowledge and understanding of the development
of the landscape by research and site investigations. 
• To manage using environmentally sustainable methods,
minimising environmental impacts.
• To develop proposals that make full use of funding opportunities
and income from the resources of the site. 
7.34. The Midlothian Council document Conservation Area Character
Appraisal & Management Plan for Mavisbank highlights the
significance of the conservation area in terms of townscape,
landscape, architecture and history and provides a framework for
conservation area management and for managing change within the
conservation area and reaffirms the importance of the designation of
the area. Midlothian Council’s Conservation Area Character Appraisal
& Management Plan identifies the key characteristics of the historic
environment to establish a context within which change can continue in
a way which enhances historic character of the area. 
8. PLANNING ISSUES 
8.1. The main planning issues to be considered in determining this
application is whether the proposal complies with development plan
policies unless material planning considerations indicate otherwise.
The representations and consultation responses received are material
considerations. 
Principle of Development 
8.2. The application site is located within the greenbelt, a special landscape
area, the Mavisbank Conservation Area and the Mavisbank Designed
Landscape and, as such, these designations all contain restrictions, set
out in various planning policies, to protect the character and
appearance of the landscape and historic environment. 
8.3. The planning application seeks permission to form a vehicle access
route, along with other associated works, to enable operations which
form phase one of the approved stabilisation and repair work to the
ruined Mavisbank House. 
8.4. The submitted Planning Statement records that the applicant, the
Landmark Trust, plan to bring forward a second phase of work at
Mavisbank House which will comprise of the re-roofing and restoration
of the house for use as a holiday let and community use with
educational initiatives.  The proposed phase two works do not form any
part of the current application nor are there any planning applications
pending consideration for this work.  Should an application for phase
two works be forthcoming it will be assessed on its own merits and
against the planning policies of the time.  The current planning
application is only for the formation of an access drive and the
associated works to enable the phase one works to be carried out. 
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8.5. While adopted MLDP policy ENV1 and NPF4 policy 8 restrict
development within the greenbelt in some cases the current proposal
seeks to provide essential infrastructure to enable the stabilisation,
repair and rebuilding of an internationally recognised important
category A listed building which makes a substantial contribution
towards the national historic landscape.  The short-term plans and
long-term aspirations for the site sit comfortably with current greenbelt
policies which specifically provide support for development which is
associated with the reuse, rehabilitation and conversion of historic
environment assets.  Therefore, the development proposal is not
contrary to the aims of the development plan polices, provided the
physical development does not have an adverse impact on the local
landscape, special landscape area, conservation area, garden and
designed landscape. 
Landscape, Landscaping and Trees 
8.6. Midlothian Council’s Conservation Area Character Appraisal &
Management Plan for Mavisbank identifies one of the opportunities for
enhancement as being the full exterior restoration of Mavisbank House,
combined with the creation of an interior which respects and reflects
the original internal layout and design of this nationally significant 18th
century Palladian villa as much as possible.  The plan also supports
the opportunity for the house to combine a viable economic end use for
the building with uses that provide direct community benefit.  The
current planning application seeks to enable phase one of the
rehabilitation works which would comply with this aspiration of the
management plan.   
8.7. The proposed access drive, retaining wall, fence and associated works
will have a localised impact on the landscape and views in the North
Esk Special Landscape Area, Mavisbank Conservation Area and
Mavisbank Designed Landscape, mainly because of tree removals,
ground works and the introduction of the new access drive.  However,
the existing landform, extent of vegetation cover and secluded nature
of the existing landscape setting limit the extent to which these impacts
will be experienced from the immediate or wider area surrounding the
site. 
8.8. The development proposals will have a significant impact on existing
tree cover, including on trees within an area listed in the Ancient
Woodland Inventory.  Approximately 86 trees will be lost due to the
development. None of these trees are ancient or veteran trees. The
trees are being removed to accommodate the new access route
alignment and associated visibility splay; as well as to open up and
reinstate historic views and vistas in accordance with the Conservation
Management Plan for Mavisbank and its policies. 
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8.9. During construction the tree removals and exposed soil will be more
evident in views from specific locations, in particular parts of the core
path network, from local neighbouring properties and parts of
Wadingburn Road.  Upon completion the new access drive and
associated planting/verge seeding will initially still be visually noticeable
as new features from very localised views. However, in the longer term,
given the nature of the development and sensitive design (in terms of
layout, materials and species selection) the development will not give
rise to significant adverse visual impacts overall. Furthermore, as the
mitigation and enhancement planting matures it will result in an overall
beneficial visual effect. 
8.10. The supporting statements include proposals for tree root protection
areas (RPA) and fencing, which are appropriate and should be
accompanied by an arboricultural method statement (AMS) that details
relevant arboricultural mitigation.  Should planning permission be
granted, this can be secured by condition which should incorporate a
timeline for works affecting trees, details on how site access and
materials storage will be managed to prevent soil compaction, and
specific procedures for (ground) works/ construction operations so that
potential impacts on existing trees and RPAs are minimised. 
8.11. The development proposals include mitigation and enhancement
planting that will further allow the development to be integrated within
the landscape, especially as the planting matures.  The proposed
compensatory planting includes a mix of species, sizes and numbers/
densities that are locally appropriate and complement the existing
landscape setting and species mix.  The location of the 90 extra heavy
standard trees has been carefully chosen to allow for successional tree
growth whilst maintaining key views and vistas.  The addition of mixed
native woodland and hedgerow planting will also further promote
biodiversity and support habitat for wildlife. 
8.12. Furthermore, the development proposals and associated landscaping
works will see the reinstatement of historic views and vistas and the
removal of Sitka Spruce, in accordance with the Conservation Area
Management Plan, is considered to have a potential beneficial impact
on the character of the conservation area and the designed landscape. 
8.13. Whilst the proposed development will have an initial adverse impact on
tree cover and localised areas of scrubland and woodland habitat it is
evident that the development is as sensitively sited as possible to avoid
and minimise impacts on the RPA of significant heritage trees.  The
proposals also seek to promote and reinstate the original character,
views and vistas that are a key part of the designed landscape at
Mavisbank. 
8.14. Overall, whilst there will be some localised negative impacts on the
special landscape area, conservation area and designed landscape the
positive conservation benefits to both the house and its designed
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landscape outweigh this.  It is important to note that the proposed
development is only acceptable because it is a crucial first step to
enable the conservation and restoration of this internationally important
heritage asset. 
Flood Risk and Drainage 
8.15. The development proposals include filter drains running alongside the
access drive and swales to manage any surface water runoff towards
the existing Scottish Water outflow.  Scottish Water has not objected to
the planning application. 
Road Safety 
8.16. The access route is proposed only as a construction access/private
access road to Mavisbank House to enable stabilisation and other
repair works to the listed building.  The proposed access from
Wadingburn Road has been designed to comply with visibility
standards, with visibility splays of 2.4m by 90m to the west and 2.4m
by 120m to the east.  The Council’s Senior Manager Neighbourhood
Services (Roads) raised no concerns in terms of road safety. 
Amenity 
8.17. Whilst the proposed access drive will enable direct vehicle movements
between Wadingburn Road and Mavisbank House, it will not result in a
harmful loss of amenity for the closest residential properties due to the
siting and distance from those properties. 
Soil Management 
8.18. The development proposal includes groundworks to achieve the
proposed finished levels - this includes the excavation of woodland and
prime agricultural soils which are a valuable resource and need
appropriate handling.  It is also noted that the proposals will require cut
and fill works which will also see a substantial net volume of soil to be
brought in. should planning permission be granted, details of the
specification of any imported soils along with a soil management plan
should be conditioned so as to ensure that valued soils are protected
and restored in order to comply with NPF4 policy 5. 
Other matters   
8.19. It is noted that LDCC raised concerns in relation to the potential
exposure of the site and conservation area to increased visitors and
therefore a likely increase in littering, BBQ’s, campfires, late night
noise, wild comping which will all have a detrimental effect on the
surrounding area.  These matters are generally material planning
considerations, however the development is for a private access route
to facilitate the rehabilitation of Mavisbank House.  The proposals, at
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this stage, do not provide for any more public access than is currently
the case.  LDCC also sought clarification in relation to the location of
public toilets.  Again, it is noted that the current planning application
relates to the formation of access road only and does not include the
provision of public toilets. 
8.20. There were concerns raised by representors in relation to the
development proposals. All material planning considerations raised
within the representations have been addressed above within this
section of the report. 
8.21. With regards to the concerns regarding the proposed works resulting in
the future development of the field, or that conditions should be
attached restricting development within the fields, it is noted that each
planning application is assessed on its own merit. Should any
applications for the fields be forthcoming they would be assessed
against the adopted national and local planning policies at the time,
also taking in to account any material planning considerations. The
potential for future planning applications or development is not a
material planning consideration in the assessment of the current
planning application. 
8.22. With regards to the comments suggesting that the existing access
routes to Mavisbank House be utilised, various access options were
investigated, and the Council has been asked to consider the route
submitted as part of this planning application. 
8.23. With regards to the concerns relating to the impact of the proposed
development on the environment, landscaping, trees and wildlife as
well as concerns regarding walks that public will not be able to access.
The impact of the proposal on the existing trees, landscape, soils and
protected species has been taken into consideration. With regards to
the concerns relating to access routes, the proposals do not look to
alter or restrict any public paths or routes. 
8.24. With regards to concerns relating to the ground stability and high costs
for construction and future maintenance costs, concerns regarding
construction and maintenance costs are not material planning
considerations. 
8.25. Overall, all relevant matters have been taken into consideration in
assessing the application.  The proposal accords with the principles
and policies of National Planning Framework 4 the Midlothian Local
Development Plan 2017 and Historic Environments Scottland’s Policies
and Guidance and is acceptable in terms of all other applicable
material considerations.   
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9. RECOMMENDATION 
9.1 That planning permission be granted for the following reason: 
The proposals are required to enable the stabilisation, repair and
restoration of Mavisbank House which is a category A listed building of
outstanding architectural and historic importance.  Whilst the proposals
will have a short-term impact upon the appearance of the landscape, it
will not be a detrimental impact upon the character or appearance of
the special landscape area, conservation area, garden and designed
landscape or setting of listed buildings. Therefore, the proposal
complies with the aims of Historic Environment Scotland’s Policy and
Guidance and Policies 7 and 8 of National Planning Framework 4
(NPF4) and ENV1, ENV6, ENV19, and ENV20 of Midlothian Local
Development Plan (MLDP). 
Subject to the following conditions:  
1. The development to which this permission relates shall commence
no later than the expiration of three years beginning with the date
of this permission. 
Reason: To accord with the provisions of Section 58 of the Town
and Country Planning (Scotland) Act 1997 (as amended by the
Planning (Scotland) Act 2019).  
2. Development shall not begin until details and, if requested,
samples of materials to be used on external surfaces of the hard
ground cover surfaces; means of enclosure and ancillary structures
have been submitted to and approved in writing by the planning
authority. Development shall thereafter be carried out using the
approved materials or such alternatives as may be agreed in
writing with the planning authority. 
Reason: To ensure the quality of the development is enhanced by
the use of quality appropriate materials to reflect its setting in
accordance with policies DEV2 and DEV6 of the Midlothian Local
Development Plan and national planning policy, guidance and
advice. 
3. Notwithstanding the plans hereby approved, prior to the siting of
the gate hereby approved, full detailed elevational plans of the
proposed gate and timescales for the installation of the gate shall
be submitted to the planning authority for prior written approval.
Development shall thereafter be carried out using the approved
materials and within the agreed timescales or such alternatives as
may be agreed in writing with the planning authority. 
Reason: These details were not included in the application
submission. So as to ensure the elevational details of the detailed
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design of the proposed gate does not result in an adverse impact
on the character or appearance of the landscape, special
landscape area, conservation area and garden and designed
landscape and to ensure the timeous installation of the gate. 
4. No development shall take place at the application site until the
applicant, or their successor has undertaken and reported upon a
programme of archaeological (Survey and recording,
Archaeological Monitoring) work in accordance with a written
scheme of investigation which along with the report have been
submitted to and approved in writing by the planning authority. 
Reason: To ensure this development does not result in the
unnecessary loss of archaeological material in accordance with
policies ENV24 and ENV25 of the Midlothian Local Development
Plan. 
5. If any paths are required to be closed before, during or after the
construction of the development hereby approved, details of any
route diversions must be agreed in writing by the planning authority
prior to the closure of said route. 
Reason: To ensure that the public routes and access are retained. 
6. Notwithstanding the Tree Root Protection Areas and Fencing Plan
hereby approved, development shall not begin until the following
additional details have been submitted to and approved in writing
by the planning authority. Details of the scheme shall include: 
a) Arboricultural Method Statement (AMS);
b) Detailed timeline for works affecting trees;
c) Details on how site access and materials storage will be
managed; and 
d) Details of (ground) works/ construction operations.   
Development shall thereafter be carried out in accordance with the
approved details or such alternatives as may be agreed in writing
with the planning authority. All site operations and works affecting
trees shall be carried out in accordance with any approved AMS
and BS3998:2010 Tree Work. 
Reason: To ensure the development does not result in the loss or
damage of a tree which merits retention. 
7. Notwithstanding the plans hereby approved, prior to the
commencement of development, a Soil Management Plan, that
sets out details and appropriate methods for soil handling, storage
and re-use, shall be submitted to the planning authority for prior
written approval. Development shall thereafter be carried out in
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accordance with the approved details or such alternatives as may
be agreed in writing with the planning authority. 
8. Notwithstanding the plans hereby approved, prior to the
commencement of development, prior to the importation of any
soils to the site, full details and specification for any imported soils,
including source and make-up to suit the intended purpose in
accordance with BS3882 :2015 Specification for Topsoil and
Requirements for Use, shall be submitted to the planning authority
for prior written approval. Development shall thereafter be carried
out in accordance with the approved details or such alternatives as
may be agreed in writing with the planning authority. 
Reason for conditions 7 and 8: To ensure that valued soils are
protected and restored in accordance with policy 5 of National
Planning Framework 4. 
9. Notwithstanding the plans and supporting statements hereby
approved, development shall not begin until the following additional
landscaping details have been submitted to and approved in writing
by the planning authority. Details of the scheme shall include: 
a) Detailed planting proposals (including species annotations for
all Extra Heavy Standard trees);
b) Specification for tree, hedgerow and woodland planting, and
meadow seeding (including preparation of soil, stakes, ties
and guards to protect from grazing/ browsing wildlife); and
c) programme for completion and subsequent maintenance of all
soft and hard landscaping including existing trees to be
retained. The landscaping shall be completed prior to the
development being occupied. Any tree felling or vegetation
removal proposed as part of the landscaping scheme shall
take place out with the bird breeding season (March-August);
unless a suitably qualified ecologist has, carried out a
walkover survey of the felling/removal area in the 48 hours
prior to the commencement of felling/removal, and confirmed
in writing that no breeding birds will be affected. 
All hard and soft landscaping shall be carried out in accordance
with the scheme approved in writing by the planning authority as
per the programme for completion and subsequent maintenance
(c). Thereafter any trees or shrubs removed, dying, becoming
seriously diseased or damaged within five years of the completion
of the development shall be replaced in the following planting,
season by trees/shrubs of a similar species to those originally
required. 
Reason: To ensure the quality of the development is enhanced by
landscaping to reflect its setting in accordance with policy DEV7 of
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Page 69

the Midlothian Local Development Plan and national planning
policy, guidance and advice. 
10. The recommendations set out for Badgers, Bats and other
protected species detailed in section 3.5 Ecological survey report
2024 hereby approved shall be adhered to during development
works. 
Reason: The submitted and approved Ecological Survey Report
made recommendations that relate to protected species that should
be adhered to. 
11. Development shall not begin until an application for approval of
matters specified in conditions for a Construction Environment
Management Plan (CEMP) has been submitted to and approved in
writing by the planning authority. The CEMP shall include: 
i.  details of construction access routes;
ii.  signage for construction traffic, pedestrians and other users
of the site;
iii.  controls on the arrival and departure times for construction
vehicles, delivery vehicles and for site workers (to avoid
school arrival/departure times);
iv.  details of piling methods (if employed);
v.  details of any earthworks;
vi.  control of emissions strategy;
vii.  a dust management plan strategy;
viii.  waste management and disposal of material strategy;
ix.  a community liaison representative will be identified to deal
with the provision of information on the development to the
local community and to deal with any complaints regarding
construction on the site;
x.  prevention of mud/debris being deposited on the public
highway;
xi.  material and hazardous material storage and removal; and 
xii.  controls on construction, engineering or any other operations
or the delivery of plant, machinery and materials (to take
place between 0700 to 1900hrs Monday to Friday and 0800
to 1300hrs on Saturdays). 
Development shall thereafter be carried out in accordance with the
approved details or such alternatives as may be approved in writing
with the planning authority. 
Reason: To control the construction activity on the site, ensure
environmental impact during the construction period is acceptable
and to ensure appropriate mitigation is in place. 
Page 69 of 72

Page 70

Peter Arnsdorf
Head of Placemaking 
Date:     8 January 2026 
Application No:    25/00306/DPP
Applicant:   The Landmark Trust
Agent:              Nikki McAuley, Ironside Farrar
Validation Date:  19 June 2025
Contact Person:  Whitney Lindsay
Email:      Whitney.Lindsay@midlothian.gov.uk
Attached Plans: Location Plan and Landscape Planting and
Maintenance Schedule
Page 70 of 72

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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)
Formation of access road; erection of retaining wall
and fence and associated works.
Mavisbank Estate, Lasswade Road, Loanhead.
File No. 25/00306/DPP
Scale 1:4000Page 71 of 72

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Earthwork
LP
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R/L
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LM6
LM6A
LM6B
LM7
LM8
LM9
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LM9A
LM10
LM11
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LM10A
LM10B
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LM11A
LM12A
LM13
LM14
LM20
LM15
LM16
LM17
LM12B
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LM12C
LM12D
LM18
LM19
LM21
LM22
LM23
LM24
LM25
LM26
LM27
LM35
LM36
LM37
LM38
LM39
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127.80
119.44
123.16
118.53
94.09
94.27
94.93
95.57
108.07
102.28
102.55
100.82
100.47
106.76
105.39
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111.04
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114.76
112.12
112.45
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85.36
84.92
84.81
84.85
85.15
85.16
85.16
120.36
123.76
122.77
115.93
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115.28
106.51
122.41
105.33
102.34
109.61
87.85
85.90
86.35
87.94
89.81
90.52
90.64
90.36
117.85
107.60
114.33
99.43
112.05
120.61
99.21
108.33
121.10
116.57
120.19
114.12
106.67
99.66
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100.41 100.22
100.15
100.08
100.02
101.32 100.96
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93.16
92.89
92.81
92.53
92.26
92.51
92.71
93.27
93.60
93.85
97.54
97.53
97.50
97.43
97.22
94.26
94.67
95.44
96.29
94.08
96.07
96.76
100.14
115.81
116.31
132.60
132.72
126.24
121.42
111.42
106.44
106.24
106.15
91.74
92.49
111.83
110.02
112.78
116.19
116.77
91.81
113.54
120.30
110.50
106.46
106.52
101.83
101.85
108.98
104.20
101.84
106.53
105.98
94.55
94.37
94.46
94.40
94.39
94.26
93.85
96.07
96.34
96.24
95.91
95.53
95.85
95.84
95.95
95.97
96.19
96.13
96.05
96.01
96.06
96.42
96.37
96.18
96.02
95.62
95.66
95.04
95.56
95.65
95.85
117.16
118.30
116.26
117.15
123.65
124.95
124.99
125.93
124.16
131.16
116.74
119.16
94.60
94.43
94.20
95.07
94.46
94.41
95.54
95.68
95.45
95.20
95.25
113.55
112.15
114.80
96.01
95.98
96.39
97.85
97.63
96.97
96.24
97.07
97.19
97.92
98.91
100.29
100.41
100.46
99.03
99.14
98.91
98.23
97.93
96.86
96.09
96.09
95.86
95.83
95.89
95.73
95.55
95.31
117.27
110.19
121.37
126.02
118.38
133.99
123.39
130.92
131.24
133.27
110.96
109.70
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92.90 109.25
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91.02
111.22
112.55
110.09
108.45
101.16
93.97
93.73
93.81
93.18
93.05
92.83
92.88
92.77
92.50
92.16
92.02
91.63
91.78
91.85
91.75
91.68
94.28
94.41
94.52
94.49
94.62
107.60
128.61
118.38
117.60
114.80
112.20
114.85
109.49
113.99
113.95
93.92
86.79
86.07
85.42
85.03
103.11
102.91
104.19
96.97
105.04
114.87
117.16
111.96
112.18
112.29
112.39
112.47
112.72
112.79
112.83
112.90
113.10
112.96
112.75
112.68
112.89
112.95
113.00
112.88
112.78
112.75
112.45
112.44
112.40
112.46
112.50
112.64
112.88
112.87
113.31
113.66
114.01
114.42
115.05
115.86
115.57
114.72
113.74
113.83
113.81
113.85
114.06
114.03
113.98
114.04
114.07
114.09
114.15
114.22
114.32
114.27
114.55
114.65
114.93
114.95
115.18
115.34
115.69
110.5
110.5
110.5
110.5
110.5
111.0
111.0
111.0
111.0
111.0
110.0
110.0
110.0
110.0
110.0
107.5
107.5
107.5
107.5
107.5
107.5
107.5
105.5
105.5
105.5
105.5
105.5
105.5
105.5
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103.0
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103.0
103.0
103.0
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103.0
103.0
103.5
103.5
103.5
103.5
103.5
103.5
103.5
103.5
103.5
103.5
103.5
104.5
104.5
104.5
104.5
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97.5
97.5
97.5
97.5
97.5
97.5
97.5
97.5
97.5
97.5
97.5
97.5
97.5
97.5
97.0
97.0
97.0
97.0
97.0
97.0
97.0
97.0
97.0
97.0
97.0
97.0
97.0
97.0
97.0
97.0
97.0
97.0
97.0
97.0
96.5
96.5
96.5
96.5
96.5
96.5
96.5
96.5
96.5
96.5
96.5
96.5
96.5
96.5
96.5
96.5
96.5
96.5
96.5
96.5
96.0
96.0
96.0
96.0
96.0
96.0
96.0
96.0
96.0
96.0
96.0
96.0
96.0
96.0
96.0
96.0
96.0
96.0
96.0
96.0
96.0
95.5
95.5
95.5
95.5
95.5
95.5
95.5
95.5
95.5
95.5
95.5
95.5
95.5
95.5
95.5
95.5
95.5
95.5
95.5
95.5
95.5
111.5
111.5
111.5
111.5
112.0
112.0
112.0
112.0
84.0
84.0
84.5
84.5
84.5
84.5
84.5
84.5
84.0
84.0
101.0
101.0
101.0
101.0
101.0
102.5
102.0
101.5
101.5
101.5
101.5
101.5
102.0
102.0
102.5
102.5
103.0
103.0
103.5
103.5
104.0
104.0
104.5
105.0
87.0
87.0
86.5
86.5
86.0
85.5
87.5
87.5
87.5
88.5
94.0
94.0
94.0
96.5
96.5
96.0
96.0
95.5
95.5
95.0
95.0
94.5
94.5
105.0
105.0
105.0
105.0
104.5
104.5
104.5
104.5
97.0
97.5
98.5
98.0
105.5
96.5
96.5
96.5
96.5
95.5
95.0
94.5
94.5
94.5
94.5
94.5
94.5
94.5
94.5
94.5
94.5
94.5
94.5
94.5
94.0
94.0
94.0
94.0
94.0
94.0
94.0
93.5
93.5
93.5
93.5
93.5
93.5
93.5
93.5
93.0
93.0
93.0
93.0
93.0
93.0
93.0
96.0
96.0
96.0
96.0
96.0
96.0
95.5
95.5
95.5
95.5
95.0
95.0
95.0
95.0
98.5
98.0
97.5
97.5
97.5
97.5
97.5
97.0
97.0
97.0
97.0
98.0
98.0
98.0
98.0
104.0
104.0
104.0
104.0
103.5
103.5
103.5
103.5
103.0
103.0
103.0
103.0
102.5
102.5
102.5
102.5
102.0
102.0
102.0
102.0
101.5
101.5
101.5
101.5
101.0
101.0
101.0
101.0
100.5
100.5
100.5
100.5
100.0
100.0
100.0
100.0
99.5
99.5
99.5
99.5
99.5
99.0
99.0
99.0
99.0
98.5
98.5
98.5
98.5
99.0
108.0
108.0
107.5
107.5
107.5
107.5
107.0
107.0
107.0
106.5
106.5
106.5
106.5
106.0
106.0
106.0
105.5
105.5
105.5
105.5
89.5
89.5
89.5
89.5
89.5
89.5
89.0
89.0
89.0
89.0
89.0
88.5
88.5
88.5
88.5
88.0
88.0
88.0
88.0
93.5
93.5
93.5
93.5
93.5
93.5
93.5
93.5
93.5
93.5
93.5
93.5
93.5
93.5
93.5
93.5
93.5
93.5
93.5
93.5
93.5
93.5
93.5
93.5
93.5
95.0
95.0
95.0
95.0
95.0
95.0
95.0
95.0
95.0
95.0
95.0
95.0
95.0
95.0
95.0
95.0
95.0
95.0
95.0
95.0
95.0
94.5
94.5
94.5
94.5
94.5
94.5
94.5
94.5
94.5
94.5
94.5
94.5
94.5
94.5
94.5
94.5
94.5
94.5
94.5
94.5
94.5
94.5
94.0
94.0
94.0
94.0
94.0
94.0
94.0
94.0
94.0
94.0
94.0
94.0
94.0
94.0
94.0
94.0
94.0
94.0
94.0
94.0
94.0
94.0
92.5
92.5
92.5
92.5
92.5
92.5
92.5
92.5
92.5
92.5
92.5
92.5
92.5
92.5
92.5
92.5
92.5
92.5
92.5
92.5
92.5
92.5
92.5
92.5
92.5
92.5
92.5
92.5
92.5
92.5
92.5
92.0
92.0
92.0
92.0
92.0
92.0
92.0
92.0
92.092.0
92.0
92.0
92.0
92.0
92.0
92.0
92.0
92.0
92.0
92.0
92.0
92.0
92.0
92.0
92.0
92.0
92.0
92.0
92.0
91.5
91.5
91.5
91.5
91.5
91.5
91.5
91.5
91.5
91.5
91.5
91.5
91.5
91.5
91.5
91.5
91.5
91.5
91.5
91.5
91.5
91.5
91.5
91.5
91.5
91.5
91.5
91.5
91.5
91.5
91.0
91.0
91.0
91.0
91.0
91.0
91.0
91.0
91.0
91.0
91.0
91.0
91.0
91.0
91.0
91.0
91.0
91.0
91.0
91.0
91.0
91.0
91.0
91.0
91.0
91.0
91.0
91.0
90.5
90.5
90.5
90.5
90.5
90.5
90.5
90.5
90.5
90.590.5
90.5
90.5
90.5
90.5
90.5
90.5
90.5
90.5
90.5
90.5
90.5
90.5
90.5
90.5
90.5
90.5
90.5
88.5
88.5
88.5
88.5
88.5
88.5
88.5
88.5
88.5
88.5
88.5
88.5
88.5
88.5
88.5
88.5
88.5
88.5
88.5
88.5
88.5
90.0
90.0
90.0
90.0
90.0
90.0
90.0
90.0
90.0
90.0
90.0
90.0
90.0
90.0
90.0
90.0
90.0
90.0
90.0
90.0
90.0
90.0
90.0
90.0
90.0
90.0
90.0
89.5
89.5
89.5
89.5
89.5
89.5
89.5
89.5
89.5
89.5
89.5
89.5
89.5
89.5
89.5
89.5
89.5
89.5
89.5
89.5
89.5
89.5
89.0
89.0
89.0
89.0
89.0
89.0
89.0
89.0
89.0
89.0
89.0
89.0
89.0
89.0
89.0
89.0
89.0
89.0
89.0
89.0
89.0
89.0
87.5
87.5
87.5
87.5
87.5
87.5
87.5
87.5
87.5
87.5
87.5
87.5
87.5
87.5
87.5
87.5
87.5
87.5
87.5
87.5
87.5
88.0
88.0
88.0
88.0
88.0
88.0
88.0
88.0
88.0
88.0
88.0
88.0
88.0
88.0
88.0
88.0
88.0
88.0
88.0
88.0
87.0
87.0
87.0
87.0
87.0
87.0
87.0
87.0
87.0
87.0
87.0
87.0
87.0
87.0
87.0
87.0
87.0
87.0
87.0
87.0
86.5
84.5
84.5
84.5
84.5
84.0
84.0
84.0
84.0
83.5
83.5
83.5
83.0
83.0
86.0
86.0
86.0
86.0
86.0
86.0
86.0
86.086.0
86.0
86.0
86.0
86.0
86.0
86.0
86.0
85.5
85.5
85.5
85.5
85.5
85.5
85.5
85.5
85.5
85.5
85.5
85.5
85.5
85.5
86.5
86.5
86.5
86.5
86.5
86.5
86.5
86.5
86.5
86.5
86.5
86.5
86.5
86.5
86.5
86.5
86.5
85.0
85.0
85.0
85.0
85.0
85.0
85.0
85.0
85.0
85.0
85.0
85.0
85.0
85.0
82.5
83.0
84.5
84.5
126.0
125.5
125.0
125.0
124.0
124.0
123.5
123.5
123.0
123.0
123.0
124.5
124.5
122.5
122.5
122.5
122.0
122.0
122.0
120.5
120.5
120.5
121.0
121.0
121.0
121.5
121.5
121.5
120.0
120.0
120.0
119.5
119.5
119.5
119.0
119.0
118.5
118.5
117.5
117.5
117.5
118.0
118.0
118.0
117.0
117.0
117.0
116.5
116.5
116.5
116.0
116.0
116.0
116.0
115.5
115.5
115.5
115.5
94.0
94.0
94.0
94.0
108.5
95.0
123.5
94.5
114.5
112.5
112.5
116.5
1625
Steps
No Access
Levels
Assumed
(Heavy Vegetation)
Top ofChimney
Fallen
Trees
Ruined
Building
Shelter
Gorse Bushes
Contours Indicative Only
Overgrown
Area
Collapsed
Building
No Access
Concrete
Panels 0.5m
Tarmac
Metal1.0m
Wood 1.2m
Wood 1.0m
Post & Wire 1.0m
Post & Wire 1.0m
Gravel Track
Fa;;em Tree
Fallen
Tree
Fallen
Tree
Trunk
Only
Fallen Trunk
Dense
Trees
Fallen
Tree
Dead
Tree
Wood 1.0m
Post & Wire 1.0m
Stump
Path
Collapsed
Chimney
Steps
No Access
Rough
Grass
Rough
Grass
Area of
Dense Small Trees
Area of
Dense Small Trees
Area of
Dense Small Trees
Area of
Dense Small Trees
Area of
Dense Small Trees
Pond
Pond
Overgrown
Steps
Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht.
Area of Dense
Small Trees
Tree Ht
Fallen
Tree
Tree Ht.
Tree Ht.
Conifer
Trees
Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht.
1541
Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht. Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht.
Post & Wire 1.0m
Tree Ht.
Tree Ht.
Tree Ht.
Stone Retaining Wall
Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht.
Dense
Vegetation
No Access
Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht. Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht.
Small
Trees
Seating
Tree Ht.
Tree Ht
Tree Ht.
Tree Ht.
Tree Ht
Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht.
Post & Wire 1.2m
1612
Metal 1.0m
Tree Ht.
Tree Ht.
Bushes and
Small Trees
Bushes and
Small Trees
Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht.
Brick R/W
Tree Ht
Tree Ht
441
Tree Ht
Tree Ht
Tree Ht
Tree Ht
Tree Ht
Tree Ht
Tree Ht
Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht.
Rough
Grass
Dense
Small Trees
Tree Ht.
Tree Ht.
Approximate
Position
Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht Tree Ht
Tree Ht
Tree Ht
Tree Ht
Tree Ht
Tree Ht
Tree Ht.
1628
Tree Ht.
Tree Ht.
Tree Ht.
1627
Tree Ht
Tree Ht
Tree Ht
Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht.
Tree Ht
Area of
Dense Small Trees
Area of
Dense Small Trees
Contours Inidicative Only
Post & Wire 1.0m
Post & Wire 1.0m
Stone Wall 0.6m
Stone Wall 0.6m
Tree Ht.
Tree Ht.
Tree Ht.
Bottom of Slope Buried Footpath
Assumed Back of Footpath
Tarmac Footpath
Wooden 1.2m
Wooden 1.2m
Stone 1.8m
Tarmac Footpath
Post & Wire 1.2m
Post & Wire 1.2m
Post & Wire 1.2m
Grass
Arable
Post & Wire 1.2m
Post & Wire 1.2m
Post & Wire 1.2m
Post & Wire 1.2m
Dead
Tree
Wood 1.0m
G
FH
CTV
G
G
G
G
BT
G
BT
MH CL
G
Post & Wire 1.2m
Area of
Trees
Post & Wire 1.2m
Post & Wire 1.2m
Arable
Wadingburn Road A768
Grass
CTV
Bushes 1.5m
MH CL
G
G
G
G
G
Tarmac Footpath
Post & Wire 1.2m
302.2
B
x140B
4813C
4812C
4811C4810C
x141B
4809C
4808Cx142C
4806C
x143C
4805C
x144C
x145C
4807C
4804N
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHS
EHSEHS
EHS
0.000
10.000
20.000
30.000
40.000
50.000
60.000
70.000
80.000
90.000
100.000
110.000
120.000
130.000
140.000
150.000
160.000
170.000
180.000
190.000
200.000
210.000
220.000
230.000
240.000
250.000
260.000
270.000
280.000
290.000
300.000
310.000
320.000
330.000
340.000
350.000
360.000
370.000
380.000
390.000
400.000410.000
420.000
430.000
440.000
450.000
460.000
470.000
480.000
490.000
500.000510.000
520.000
530.000
540.000
550.000
560.000
570.000
580.000
590.000
600.000
610.000
620.000
630.000
640.000
650.000660.000
670.000
680.000
690.000
700.000
710.000
720.000
730.000
740.000
750.000
760.000
770.000
780.000
790.000
800.000
810.000
820.000
830.000
840.000
850.000
Former allées
Central parkland
Terrace walk
Forecourt
South drive
woodland
Roman hill
terraces
Lochan
North
lochan
parkland
Valleyside woods south
Axis wood north
Axis wood south
111 McDonald Road, EDINBURGH, EH7 4NW
0131 550 6500  |  mail@ironsidefarrar.com
S4 - FOR STAGE APROVAL
Suitability Description:
Scale: Paper Size:
EnvironmentalConsultants
IronsideFarrar
Title:
Client:
Project:
Copyright Acknowledgement: Ordnance Survey ©
Crown Copyright 2022 | All rights reserved. Licence No. AL100017966
Quality Assurance: ISO
9001:2015 SGS UKAS Certificate GB02/54539
0 10 20 30 40 50 100mm on original60 70 80 90
Drawing Number: Revision
Mavisbank House Access Drive
The Landmark Trust
Landscape Planting and
Maintenance Schedules
1:1250 A1
P0265190-IFL-00-00-DR-C-116
Rev Date Description DR CH
P01 09.06.25 Issued for planning approval. GB GS
P02 11.08.25 Updated to mixed hedge planting
schedule
AI GS
0 50 100
m
Management & Maintenance Schedules
ESTABLISHMENT MAINTENANCE: First two years undertaken by selected contractor; Months Operations per year
Operations J F M A M J J A S O N D No of operations
GENERAL REQUIREMENTS
Leafing out inspection, plant material not leafed out shall be replaced by the contractor at his own cost during plant
replacement operations √ 1
100% of plant material to be present at handover
90% vegetation free 1m circle centred on each plant to be maintained around planting including mulch cover
during establishment period & for extent of contract duration √ √ √ √ √ √ √ √ 8
Hand weed inside shelters √ √ 2
Check stakes, ties and guards, adjust as required √ √ 2
Water at frequency to ensure establishment and survival √ √ √ √ √ √ As required
Firm plants & keep vertical as required √ √ 2
Clear plant stations and planting areas of litter √ √ √ √ √ √ √ √ As required
Check all plants for signs of pest, disease or nutrient deficiency & seek expert advice as required √ √ 2 or as required
Plant replacements: planting that has failed or is damaged by herbicide application should be replaced during the
next growing season √ 1 or as required
Pruning: all planting material to be checked for damage to branches, shoots & bark. All dead, damaged
branches/shoots or epicormic growth to be cleanly cut back to sound, undamaged wood. All tree works to be
undertaken in accordance with BS 3998: 1989. Prunnings & trimmings to be removed from site
√ 1 or as required
Remove plant shelters, to be confirmed by Landscape Architect √ TBC
INDIVIDUAL TREE PLANTING
Check stakes & ties; replace loose, broken or decayed items to original specification. Adjust, refix or replace loose
or defective ties, allowing for growth and to prevent chafing. - Where chafing has occurred, reposition, or replace
ties to prevent further chafing
√ 1 or as required
Check irrigation tubes/caps √ 1
NATIVE MIXED HEDGING
Trim to 60cm height after planting, maintain at 1m with slight batter to top, trim any rangy branches to 60cm width √ √ 2
WILDFLOWER/SEEDING VERGES
Cut at 150mm height to 50mm height, remove arisings after each cut (year 2: 2 cuts per year - spring & autumn) √ √ √ √ 4 for first year/ 2
thereafter
LITTER PICKING √ √ √ √ √ √ √ √ √ √ 10
GENERAL MAINTENANCE: From years 2 to 10;
After 10 years we suggest the maintenance regime is revised to ensure best practice and relevance to the stage of
development of the landscape.
Months Operations per year
Operations J F M A M J J A S O N D No of operations
GENERAL REQUIREMENTS
90% vegetation free 1m circle centred on each plant to be maintained around planting including mulch cover. √ √ √ √ 4
Check stakes, ties and guards, adjust as required √ √ 2
Firm plants & keep vertical as required √ √ 2
Check all plants for signs of pest, disease or nutrient deficiency & seek expert advice as required 2 or as required
Plant replacements: planting that has failed or is damaged by herbicide application should be replaced during the
next growing season
√ 1 or as required
Pruning: all planting material to be checked for damage to branches, shoots & bark. All dead, damaged
branches/shoots or epicormic growth to be cleanly cut back to sound, undamaged wood. All tree works to be
undertaken in accordance with BS 3998: 1989. Prunnings & trimmings to be removed from site
√ 1 or as required
Woodland block planting to be reviewed on site with landscape architect at year 3 and selective thinning to be
undertaken as required
1no (timing to be
agreed)
INDIVIDUAL TREE PLANTING
Check stakes & ties; replace loose, broken, or decayed items to original specification. Adjust, refix or replace loose
or defective ties, allowing for growth and to prevent chafing. - Where chafing has occurred, reposition, or replace
ties to prevent further chafing
√ 1 or as required
Check irrigation tubes/caps √ 1
NATIVE MIXED HEDGING
Maintain at 1m with slight batter to top, trim any rangy branches to 60cm width √ √ 2
WILDFLOWER/SEEDING VERGES
Cut at 150mm height to 50mm height, remove arisings after each cut.
LITTER PICKING √ √ √ √ √ √ √ √ √ √ 10
Tree Planting Schedule
Ref Species Type/ Size Girth
(cm)
Clear Stem
(Min cm)
Height
(Min cm) Root Type Total
Ac Acer campestre EHS 14 - 16 200 400 - 450 Root Ball 6
Bp Betula pubescens EHS 14 - 16 -- 200 - 250 Root Ball 15
Cm Crataegus monogyna EHS 14 - 16 200 400 - 450 Root Ball 23
Ps Pinus sylvestris Feather (5x) -- -- 250 - 350 Root ball 8
Pa Prunus avium EHS 14 - 16 200 400 - 450 Root Ball 7
Qp Quercus robur EHS 14 - 16 200 450 Root ball 23
Sa Sorbus aucuparia EHS 14 - 16 200 400 - 450 Root Ball 8
Native Core Mix - Higher proportion of feathers and transplants
10% Feathers (2m centres) Form Age Height
cm
Root
Condition
Habit/
min breaks Total No
2% Alnus glutinosa Feather 2x 175 - 250 RB 5 4
2% Betula pubescens Feather 2x 125 - 150 RB 2 4
3% Pinus sylvestris Feather 2x 125 - 150 RB 2 6
3% Quercus robur Feather 2x 125 - 150 RB 2 6
80% Transplants (2m centres)
20% Alnus glutinosa Transplant 1+1 60 - 80 RB 43
20% Betula pubescens Transplant 1+1 60 - 80 RB 43
10% Ilex aquifolium Transplant 1+1 40 - 60 3Lt pot 21
20% Quercus robur Transplant 1+1 60 - 80 RB 43
5% Sorbus aucuparia Transplant 1+1 60 - 80 RB 11
5% Crataegus monogyna Transplant 1+1 60 - 80 RB 11
10% Understorey (1.5m centres)
5% Corylus avellana Transplant 1+2 60 - 80 RB 3 19
2% Salix caprea Cell grown 0/1 40 - 60 100cc 8
3% Salix cinerea Cell grown 0/1 40 - 60 100cc 11
Mixed Hedge Planting Schedule
% MNH Species Form Age/ Size Height
cm
Root
Condition
Density
No. per lm Planting notes Total
30% Corylus avellana Transplant 1+1 80 - 100 BR 5 Double staggered
row 467
40% Crataegus
monogyna Transplant 1+2 80 - 100 BR 5 Double staggered
row 622
15% Prunus spinosa Branched 1+2 90 - 120 BR 5 Double staggered
row 233
15% Rosa canina Transplant 1+2 60 - 80 BR 5 Double staggered
row 233
Hedgerow trees
Ca Corylus avellana Feather (5x) -- 200 - 250 Root ball Root ball - 11
Cm Crataegus
monogyna Feather (5x) -- 200 - 250 Root ball Root ball - 8
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