Agenda Document Pack - Planning Committee - 20/01/2026
Midlothian Council · 20 January 2026
Back to Planning Committee — 20 January 2026 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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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 Page 1 of 72
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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 Page 2 of 72
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7 Date of Next Meeting The next meeting will be held on 9 March 2026. Page 3 of 72
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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. Page 4 of 72
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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 Page 5 of 72
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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 Page 6 of 72
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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 Page 7 of 72
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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 Page 8 of 72
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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 Page 9 of 72
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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 Page 10 of 72
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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 Page 11 of 72
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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 Page 12 of 72
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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 Page 13 of 72
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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. Page 14 of 72
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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. Page 15 of 72
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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
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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 Page 17 of 72
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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. Page 18 of 72
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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 Page 19 of 72
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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 Page 20 of 72
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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 Page 21 of 72
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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 Page 22 of 72
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(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” Page 23 of 72
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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 Page 24 of 72
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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 Page 25 of 72
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E/22/24 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 Page 26 of 72
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2 E/22/24 (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) Page 27 of 72
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3 E/22/24 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) Page 28 of 72
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4 E/22/24 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) Page 29 of 72
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5 E/22/24 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) Page 30 of 72
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6 E/22/24 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. Page 31 of 72
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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 - Page 32 of 72
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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. Page 33 of 72
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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 Page 34 of 72
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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. Page 35 of 72
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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. Page 36 of 72
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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, Page 37 of 72
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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, Page 38 of 72
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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. Page 39 of 72
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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 Page 41 of 72
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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 Page 44 of 72
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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. Page 45 of 72
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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 Page 46 of 72
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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. Page 47 of 72
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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. Page 48 of 72
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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 Page 49 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) 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. Page 51 of 72
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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. Page 52 of 72
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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. Page 53 of 72
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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 Page 54 of 72
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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. Page 55 of 72
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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. Page 56 of 72
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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 Page 57 of 72
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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. Page 58 of 72
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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. Page 59 of 72
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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. Page 60 of 72
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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. Page 61 of 72
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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. Page 62 of 72
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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 Page 63 of 72
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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 Page 64 of 72
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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. Page 65 of 72
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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 Page 66 of 72
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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 Page 67 of 72
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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 Page 68 of 72
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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
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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 RS RS RS RS RS TP EP EP EP EP EP P P P P P P P P P Stay Stay GV Marsh Marsh Marsh Marsh Marsh Marsh Marsh Marsh Marsh Marsh Marsh Marsh Marsh Marsh TL E/L E/L E/L E/L E/L E/L E/L R/L R/L R/L R/L R/L R/L R/L R/L R/L Soffit LM6 LM6A LM6B LM7 LM8 LM9 PSM7 LM9A LM10 LM11 L1 LM10A LM10B LM12 LM11A LM12A LM13 LM14 LM20 LM15 LM16 LM17 LM12B PSM4 LM12C LM12D LM18 LM19 LM21 LM22 LM23 LM24 LM25 LM26 LM27 LM35 LM36 LM37 LM38 LM39 A3 A4 127.80 119.44 123.16 118.53 94.09 94.27 94.93 95.57 108.07 102.28 102.55 100.82 100.47 106.76 105.39 105.95 107.48 106.47 105.56 101.23 112.09 111.04 116.81 113.29 91.09 114.76 112.12 112.45 121.99 103.99 102.79 85.19 85.36 84.92 84.81 84.85 85.15 85.16 85.16 120.36 123.76 122.77 115.93 98.03115.14 115.28 106.51 122.41 105.33 102.34 109.61 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 99.9799.77 100.41 100.22 100.15 100.08 100.02 101.32 100.96 100.74 93.74 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 91.98 92.90 109.25 108.31 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 96.97 105.04 114.87 117.16 111.96 112.18 112.29 112.39 112.47 112.72 112.79 112.83 112.90 113.10 112.96 112.75 112.68 112.89 112.95 113.00 112.88 112.78 112.75 112.45 112.44 112.40 112.46 112.50 112.64 112.88 112.87 113.31 113.66 114.01 114.42 115.05 115.86 115.57 114.72 113.74 113.83 113.81 113.85 114.06 114.03 113.98 114.04 114.07 114.09 114.15 114.22 114.32 114.27 114.55 114.65 114.93 114.95 115.18 115.34 115.69 110.5 110.5 110.5 110.5 110.5 111.0 111.0 111.0 111.0 111.0 110.0 110.0 110.0 110.0 110.0 107.5 107.5 107.5 107.5 107.5 107.5 107.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 103.0 103.0 103.0 103.0 103.0 103.0 103.0 103.0 103.0 103.0 103.5 103.5 103.5 103.5 103.5 103.5 103.5 103.5 103.5 103.5 103.5 104.5 104.5 104.5 104.5 104.5 104.5 104.5 104.5 105.0 105.0 105.0 105.0 105.0 105.0 105.0 105.0 109.5 109.5 109.5 109.5 109.5 109.5 109.0 109.0 109.0 109.0 109.0 109.0 109.0 108.5 108.5 108.5 108.5 108.5 108.5 108.5 108.0 108.0 108.0 108.0 108.0 108.0 108.0 106.5 106.5 106.5 106.5 106.5 106.5 106.5 106.0 106.0 106.0 106.0 106.0 106.0 106.0 107.0 107.0 107.0 107.0 107.0 107.0 107.0 107.0 104.0 104.0 104.0 104.0 104.0 104.0 104.0 104.0 93.0 93.0 93.0 93.0 93.0 93.0 93.0 93.0 93.0 93.0 93.0 93.0 93.0 93.0 93.0 93.0 93.0 93.0 93.0 93.0 93.0 93.0 93.0 93.0 115.0 115.0 115.0 115.0 115.0 114.5 114.5 114.5 114.5 114.5 114.5 114.0 114.0 114.0 114.0 113.5 113.0 113.0 113.0 113.0 113.0 113.0 113.0 113.0 113.0 113.0 113.0 113.0 112.5 112.5 112.5 112.5 112.5 101.5 101.5 101.5 101.5 101.5 101.5 101.5 101.5 101.5 101.5 101.5 101.5 101.0 101.0 101.0 101.0 101.0 101.0 101.0 101.0 101.0 101.0 101.0 101.0 101.0 100.5 100.5 100.5 100.5 100.5 100.5 100.5 100.5 100.5 100.5 100.5 100.5 100.5 100.5 100.5 100.5 100.5 100.5 102.0 102.0 102.0 102.0 102.0 102.0 102.0 102.0 102.0 102.0 102.0 102.0 102.5 102.5 102.5 102.5 102.5 102.5 102.5 102.5 102.5 102.5 102.5 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 99.5 99.5 99.5 99.5 99.5 99.5 99.5 99.5 99.5 99.5 99.5 99.5 99.5 99.5 99.5 99.5 99.5 99.5 99.5 99.5 99.0 99.0 99.0 99.0 99.0 99.0 99.0 99.0 99.0 99.0 99.0 99.0 99.0 99.0 99.0 99.0 99.0 99.0 99.0 99.0 98.5 98.5 98.5 98.5 98.5 98.5 98.5 98.5 98.5 98.5 98.5 98.5 98.5 98.5 98.5 98.5 98.5 98.5 98.5 98.5 98.0 98.0 98.0 98.0 98.0 98.0 98.0 98.0 98.0 98.0 98.0 98.0 98.0 98.0 98.0 98.0 98.0 98.0 98.0 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 97.5 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 Page 72 of 72