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Agenda Document Pack - Planning Committee - 09/03/2026

Midlothian Council · 9 March 2026
Back to Planning Committee — 9 March 2026 and its agenda

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Page 1

Notice of Meeting and Agenda
Planning Committee
Venue: Normandy Court/ Hybrid,
Normandy Court, 20 Normandy Dr, Dalkeith, EH22 1JG
Date: Monday, 09 March 2026
Time: 13:00
Executive Director : Place
Contact:
Clerk Name: Democratic Services
Clerk Telephone:
Clerk Email: democratic.services@midlothian.gov.uk
Further Information:
This is a meeting which is open to members of the public.
Privacy notice: Please note that this meeting may be recorded. The
recording may be publicly available following the meeting. If you would
like to know how Midlothian Council collects, uses and shares your
personal information, please visit our website: www.midlothian.gov.uk
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1          Welcome, Introductions and Apologies
2          Order of Business
Including notice of new business submitted as urgent for consideration at the
end of the meeting.
3          Declaration of Interest
Members should declare any financial and non-financial interests they have in
the items of business for consideration, identifying the relevant agenda item
and the nature of their interest.
4          Minute of Previous Meeting
4.1 Minute of the Meeting of Planning Committee of 20 January 2026
submitted for approval
3 - 12
4.2 Action Log 13 - 16
5          Public Reports
5.1 Planning Committee Site Visit Procedures, report by Chief Officer
Place
17 - 18
5.2 Planning Enforcement Update, report by Chief Officer Place 19 - 26
5.3 Tree Preservation Order Confirmation Report – Pomathorn Mill,
Penicuik, report by Chief Officer Place
27 - 66
5.4 25/00362/PPP – Former Arniston Gas Works, Gorebridge Appeal
Decision, report by Chief Officer Place
67 - 88
5.5 25/00683/PAC – Land at Dalkeith Country Park, Dalkeith Pre
Application Consultation, report by Chief Officer Place
89 - 94
6          Private Reports
No items for discussion
7          Date of Next Meeting
The next meeting will be held on 28 April 2026.
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INTERNAL USE ONLY
DRAFT BY/DATE: 
REVIEW BY/DATE:
1-993 
Minute of Meeting 
Planning Committee
Monday 9 March 2026
Item No 4.1     
Planning Committee 
Date Time Venue
Tuesday 20 January 2026 13.00 Normandy Court / MS Teams 
Present: 
Councillor Imrie (Chair) Councillor Alexander
Councillor Bowen (Virtual) Councillor Cassidy
Councillor Drummond (Virtual) Councillor McEwan
Councillor McKenzie Councillor McManus (Virtual)
Councillor Milligan (Virtual) Councillor Parry (Virtual)
Councillor Pottinger Councillor Scott
Councillor Smaill Councillor Virgo
Councillor Winchester 
In attendance: 
Kevin Anderson Executive Director Place
Peter Arnsdorf Head of Placemaking and Chief
Planning Officer.
Grace Cowan (Virtual) Head of Primary Care and Older
People's Services
Hannah Forbes Democratic Services Officer
Maria Perez Democratic Services Officer 
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1. Welcome and Apologies 
Councillor Imrie (Chair) welcomed everyone to the meeting of the Planning Committee. 
Apologies were received from Councillor McCall and Councillor Russell. 
2. Order of Business 
The order of business is as per the agenda. 
3. Declaration of Interest 
The Chair invited the Planning Committee Members to declare their interest on any
items of the agenda and advised that declarations of interest and transparency
statements can also be presented when any relevant items are discussed. 
Councillor Smaill, Councillor Scott and Councillor Virgo declared an interest in item
4.1 in the agenda and confirmed their intention to recuse from the meeting during the
discussion of this item. 
Minutes of Previous Meeting 
The Minute of the Planning Committee meeting of 18 November 2025 was submitted
for approval. 
Councillor Smaill referred to section 3 in the Minute of 18 November, which states
“Councillor Smaill noted they would recuse themself from discussion of item 5.5” and
asked whether the use of gender-neutral language in Minutes was agreed at the
Standing Orders Working Group. Councillor Smaill stated his preferred pronouns were
he/his and those of Councillor Winchester are she/her and requested the minutes are
amended to show this preference. Councillor Smaill made a further request for the
matter to be referred to the Standing Orders Working Group for a wider discussion. 
The Planning Committee unanimously approved the Minute of the Planning
Committee meeting of 18 November 2025, with the amendment proposed by
Councillor Smaill, as the correct record. 
The Action Log was noted and the Planning Committee agreed for items marked for
closure to be removed. 
Councillor McEwan requested an update on action 1 in respect of implementing the
provision of play equipment in new build estates in the Midlothian Local Development
Plan 2 (MLDP2). The Head of Placemaking and Chief Planning Officer advised that
the implementation depends on the stage of development. In some cases, play
equipment has been placed on the back of the built environment. In the case of new
applications, provision of play equipment is now a requirement of the application
process. 
Councillor Scott, Councillor Smaill and Councillor Virgo left the meeting at 13.06pm. 
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4.  Reports and Items for Discussion 
Report
No.
Report Title Presented by:
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
Head of
Placemaking
and Chief
Planning
Officer 
The Head of Placemaking and Chief Planning Officer presented the report which
provides the Planning Committee with an update on the prosecution action
taken against planning offences relating to the change of use of vacant land and
unauthorised works to form a hard standing at land North of 6 Ashbank,
Gorebidge. 
An enforcement notice required the owner to remove all shipping containers, the
unauthorised hardstanding area, return the site to a grass field and cease
unauthorised use as a builder’s yard. Following the Local Review Body’s refusal
of the retrospective application, an enforcement notice was served in June 2022
and was the subject of an appeal through the Scottish Ministers. The Scottish
Government reporter upheld the decision of Midlothian Council and the
enforcement notice. 
The compliance period for this enforcement notice expired on 6 January 2023 and
due to the owner’s continued noncompliance and breach of planning control this
was reported to the Planning Committee at its meeting of 28 February 2023. The
decision of the Planning Committee was to instigate prosecution action which
resulted in the owner being fined a total of £16,125, but the break of planning
control remains in part. 
It is recommended that the Planning Committee note the fine issued by the court
action and instruct Officers to refer the case back to the Crown Office of the
Procurator Fiscal Service (COPFS) for further prosecution.
The Chair thanked the Head of Placemaking and Chief Planning Officer for the
report and invited discussion from Planning Committee Members on the
recommendation to prosecute further, noting that Elected Members drove past
the site during a recent Local Review Body site visit and that it has not been
restored. 
Councillor Cassidy moved to approve the recommendation to prosecute the
owner further. 
Councillor McKenzie expressed his intention to second the motion but sought
reassurance that the owner had been given sufficient time to comply with the
requirements of the enforcement notice and that the Council did everything in their
power to allow the owner to comply. The Chair noted a period of three years to
comply is sufficiently lenient, but this is a valid question from the point of view of
process and asked the Head of Placemaking and Chief Planning Officer if there
was anything else the Council could have done to encourage compliance. The
Head of Placemaking and Chief Planning Officer advised that the Planning
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Department had gone above and beyond by offering to help the individual to find
alternative premises and tried to encourage compliance in an informal and formal
way, to no avail. The Head of Placemaking and Chief Planning Officer stated that
if the fine set by the courts was not sufficient to persuade the owner to comply
with the enforcement, it would be advisable to write to the owner before referring
the matter to Court and advise of the Planning Committee’s decision to continue
pursuing. It is hoped this may result in the owner realising the Council’s intention
is to not let go of the matter and encourage him to comply. 
The Planning Committee Members asked if the fine had been paid. The Head of
Placemaking and Chief Planning Officer advised he would seek to confirm this.
The Planning Committee Members also asked whether a second referral to the
Courts could result in a larger fine. The Head of Placemaking and Chief Planning
Officer advised the maximum fine for an enforcement breach is set at £50,000
and if it is a second offence the prosecution action may result in a higher fine.
Furthermore, the Court could determine the Council has powers to enter the site
and restore it at the cost to the Council and later attempt to recover the costs of
this work. This is the fallback position as the preference is that the individual
responsible for the breach addresses the situation.
Councillor McEwan noted that there are several other cases in which Midlothian
Council agreed to refer instances of non-compliance with enforcement notices to
the Courts and noted that a number of those referrals had not yet been carried
out. Councillor McEwan asked if the Planning Department would be able to
provide an update on the enforcement notices which were approved in past
Planning Committee meetings and their progress status. The Head of
Placemaking and Chief Planning Officer advised that there is a significant backlog
in the Court system which is causing a delay and advised an update would be
brought to the next Planning Committee meeting. 
As there were no other views presented, the Chair advised that the Planning
Committee agreed with the recommendation of the report.
Decision
The Planning Committee noted the outcome of the Court proceedings
concerning the non-compliance with the enforcement notice issued to the land to
the north of 6 Ashbank, Gorebridge. 
The Planning Committee instructed the Head of Placemaking and Chief Planning
Officer to write to the individual and explain the Planning Committee’s decision to
refer the case to the COPFS for consideration of prosecutorial action pursuant to
section 136 of the Town and Country Planning (Scotland) Act 1997. 
Action
Provide a summary detailing any other cases recommended for prosecutorial
action and the status of the legal process - Head of Placemaking and Chief
Planning Officer 
Confirm if fee issued by Court has been paid by owner - Head of Placemaking
and Chief Planning Officer 
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Councillor Scott, Councillor Smaill and Councillor Virgo rejoined the meeting at
13.15pm. 
Report
No.
Report Title Presented by:
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
Head of
Placemaking
and Chief
Planning
Officer 
The Head of Placemaking and Chief Planning Officer presented the report. The
report contains a Proposal of Application Notice (PAN) and corresponding
preapplication 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. The
proposal is on the site of the former Monktonhall Colliery site and forms part of
the wider Shawfair development area. A previous application for an education
campus, granted in 2019, was not implemented and lapsed in 2022. 
The purpose of the report is to allow Elected Members to express a provisional
view on the proposed major development at an early stage of the planning
process. The Applicants will engage in public consultation, including four public
drop-in sessions. The report outlines a provisional planning consideration with
regard to the development plan and material consideration. The Midlothian Local
Development Plan (MLDP) identifies the site as being within the planned
Shawfair new community area where there is presumption in favour of
appropriate development. The provision of education and community facilities is
a fundamental component of the planned new community, but it is worth noting
this is based on indicative information available at present. A detailed
assessment will be made if a plan and application is forthcoming. The applicant
could submit a planning application once the public consultation has been
concluded.
It is recommended that the Planning Committee note the provisional planning
position set out in the report, and any comments made by Elected Members will
form part of the Minute of the Committee meeting. It was also noted that the
expression of a provision view will not fetter the Committee in its consideration
of any subsequent formal planning application.
The Chair thanked the Head of Placemaking and Chief Planning Officer for the
report and invited discussion from the Planning Committee Members.
Planning Committee Members noted that there had been concerns voiced about
the site, as it is a former colliery, and asked for an update on what testing had
been carried out to ensure the site is safe for its intended purpose. The Head of
Placemaking and Chief Planning Officer advised addressing potential risks is
part of the planning considerations, and a plan for remediation works was
approved in June 2024. The remediation work will include forming a platform
onsite which will provide a stable and secure base for the buildings. The building
warrant process will also ensure appropriate ground conditions and structural
integrity of the site and the building so there is assurance that the Council is
doing everything in their power to ensure safety. The Head of Placemaking and
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Chief Planning Officer agreed that, if and when a detailed planning application is
submitted, a section will be included to go over the land issues and remediation
work to allay those concerns.
Planning Committee Members also noted the school is very conveniently placed
next to the train station and wondered if this could result in parents misusing the
facilities by leaving their car onsite while they take the commuter train into town,
and if this is the case whether it may be advisable to make the car parking facility
larger. Planning Committee Members requested assurance that the bus
provision in the catchment area will be good. The Head of Placemaking and
Chief Planning Officer acknowledged the concerns about non-campus users
parking on the campus spaces and advised this matter would be given
consideration. In terms of bus provision, the Chair advised that once the final
application is received it may be possible to make obtaining money for green
transport one of the conditions of the planning permission.
Planning Committee Members discussed the high running costs associated with
swimming pools and asked whether it would be possible to review the plan and
remove it as there are other swimming pools nearby. The Head of Placemaking
and Chief Planning Officer advised that developments change and, in the case,
an original scheme does not align with the budget there is scope for going back
to the Planning Committee for amended scheme.
The Chair thanked the Planning Committee Members for the comments on the
Pre-Application Notice.
Decision
The Planning Committee noted the Pre-Application Notice. 
Report
No.
Report Title Presented by:
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
Head of
Placemaking
and Chief
Planning Officer 
The Head of Placemaking and Chief Planning Officer presented the report for
decision. The application concerns the formation of access road, erection of
retaining wall and fence and associated works at Mavisbank Estate, Lasswade
Road, Loanhead. The works are required to grant access to Mavisbank House
to facilitate the rehabilitation work. The proposed access drive will extend
approximately 850 metres running along southeast from an existing field access
of 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 and will have six passing points. It will
be surfaced in a buff-coloured tarmac, and a field gate is to be installed within a
50-metre setback from the Wadingburn Road to restrict vehicle access. In terms
of tree removal and landscaping, the proposals require the removal of
approximately 86 trees of varying sizes but proposes the planting of 90 trees to
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replace those lost, as well as supplementary planting and landscaping along the
access drive. 
The application site is located within the green belt special landscape area, the
Mavisbank conservation area and the Mavisbank design landscape. These
areas have restrictions in several policies to protect the character and
appearance of the landscape and historical environment. However, as the works
can be seen as an essential infrastructure to enable the repair of an A-listed
building they are seen as acceptable. 
The short term and aspirations sit comfortably within current greenbelt policies
which specifically provide support for rehabilitation of historical assets, so they
are not seen as contrary to the development of the MLDP. The development will
have a short-term impact on the landscape but will ease in time.  There have
been seven representations and seven consultation responses as outlined. The
recommendation of the report is that the Planning Committee grant planning
permission subject to conditions.
The Chair thanked the Head of Placemaking and Chief Planning Officer for the
report and invited discussion from the Planning Committee Members.
Planning Committee Members raised attention objections noted in section 6.2 of
the report and queried why one of the existing accesses to Mavisbank House
could not be used, in lieu of this new proposed access. The Head of Placemaking
and Chief Planning Officer advised that there were issues connected to land
ownership, and that other access sites were considered before setting on this
one. 
Further discussion ensued on the road’s purpose to facilitate rehabilitation of
Mavisbank House. Planning Committee Members asked whether the road is
likely to remain a permanent access once the rehabilitation work has finalised.
Planning Committee Members noted the area is popular with families and dog
walkers and sought reassurance that there were plans in place to ensure
pedestrian safety as well as mitigation strategies to minimise the impact of the
project in the wildlife. The Head of Placemaking and Chief Planning Officer
advised it is not clear if the proposed development will be retained as a
permanent access route once the works are completed, as the application is just
for a new access which will become a pedestrian and active travel route. Once
the rehabilitation works at Mavisbank House are completed, the permanent
access will be subject to a separate planning application. In terms of pedestrian
safety, the Head of Placemaking and Chief Planning Office noted there is a
recommended condition on the report to manage construction traffic. While there
is an expectation that there will be measures to manage construction traffic
safely there have been no details issued as to how this would be achieved.
Planning Committee Members noted it is incongruous to build a semi-permanent
access and remove such a large number of trees when the road may become
an unused feature following the end of the project.
The Planning Committee Members queried the purpose of the retaining wall, and
whether it would be retaining higher land or the road. It was noted that the area
is very muddy and erecting a retaining wall in land which is not structurally sound
would result in substantial effort. The Head of Placemaking and Chief Planning
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Officer advised a small section of this wall is required to retain the road
infrastructure. The Head of Placemaking and Chief Planning Officer explained
this access point was a compromise that needed twenty years to be reached,
and it is unlikely that the other issues raised can be addressed unless land
ownership changes. The Head of Placemaking and Chief Planning Officer also
clarified that the road is a permanent feature, but what may change in the future
is whether this becomes a pedestrian or vehicle access point if future use of the
site is changed.
Further discussion ensued on the matter of the disagreement between the
different landowners, and whether there have been sufficient efforts made to
engage to solve the issue. The Chair advised many meetings had taken place,
and the public is overwhelmingly supportive of the project. The source of
disagreement that has caused this issue to be unresolved appears to be the
access point. 
Councillor Milligan voiced serious concerns about the proposal, noting it would
have a significant detrimental impact on the valley. While the issues posed by
the land ownership have been a clear obstacle to building this access, there
should have been more effort made to minimise disruption and avoid the
destruction of 80 trees. Councillor Milligan shared the view that the project would
effectively be destroying a beautiful landscape to preserve a beautiful building. 
Councillor Milligan asked what compulsory purchase powers were at the
Council's disposal to secure a road and whether sufficient efforts have been
made to find a compromise that allows access to the site while avoiding the
damage to the landscape. The Head of Placemaking and Chief Planning Officer
advised this would require more time to assess.
Councillor Milligan moved that the discussion is continued at the next meeting of
the Planning Committee to allow the Head of Placemaking and Chief Planning
Officer to provide a supplemental addendum to the report with the information
requested. The Chair asked whether Planning Committee Members would agree
with the motion to continue this report for one Planning Committee cycle and
attend a site visit to see the location. The Chair confirmed there was a unanimous
decision to continue the report and arrange a site visit for Planning Committee
Members to consider the issues.
Decision
Planning Committee determined to continue this application at the next meeting
of the Planning Committee and undertake a site visit to assess the issues
identified during the discussion. 
Action
Head of Placemaking and Chief Planning Officer to provide a supplementary
addendum to the report 
Planning Committee Members to undertake a site visit to Mavisbank House
and the site of the proposed access route. 
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5. Private Reports 
No items for discussion. 
6. Date of next meeting 
The meeting concluded at 13.45pm. 
The next meeting will be held on 9 March 2026 at 13.00pm. The Planning Site Visit
will be held on 9 March 2026 at 10.00am.
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Planning Action Log
Planning Committee
Tuesday 9 March 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 Recommended for
Closure 
Goal is to ensure all
children have access
to quality play
facilities in their
communities 
2  20 January 2026 Non-Compliance
with the
Requirement of an
Enforcement Notice
and Associated
Prosecution
Regarding Change
of Use of Land to a
Builder's Yard, 
Planning Department to write
to owner to explain the
Planning Committee’s
decision to refer the case to
the COPFS for consideration
of prosecutorial action
pursuant to section 136 of the
Town and Country Planning
(Scotland) Act 1997.
Head of
Placemaking
/ Chief
Planning
Officer 
n/a  n/a 
n/a 
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No Date of Meeting Item No and Title Action Action
Owner
Planning
Paper
Expected
Date
Council
Paper
Expected
Date
Comments
Sitting of Shipping
Containers and
Associated
Engineering
Operations to Form
Hardstanding at
Land North of 6
Ashbank,
Gorebridge 
Head of Placemaking and
Chief Planning Officer to
inquire if fine has been paid
or any other recovery actions
are being considered and
notify the Planning Committee
n/a
3  20 January 2026 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 
Head of Placemaking and Chief
Planning Officer to provide a
supplementary addendum to
the report 
Planning Committee Members
to undertake a site visit to
Mavisbank House and the site
of the proposed access route. 
Head of
Placemaking
and Chief
Planning
Officer
Planning
Committee
Members
9 March
2026
n/a Addendum to explore
other alternatives
available to the
proposal and whether
enough has been done
to find an appropriate
solution to the issues 
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Planning Committee
Monday 9 March 2026
Item No 5.1
PLANNING COMMITTEE SITE VISIT PROCEDURES
Report by Chief Officer Place
1 PURPOSE OF REPORT
1.1 The purpose of this report is to provide the Committee with clarification
regarding Planning Committee site visit procedures, in particular the
need to attend a requested site visit to participate in the debate and
determination of the associated planning application. 
2 PROCEDURES
Requesting a Site Visit
2.1 Members of the Planning Committee can request a formal site visit
prior to the determination of a planning application which is scheduled
for consideration by the Committee.
2.2 Following the publication of the Committee Agenda a member of the
Committee can notify Democratic Services and/or the Head of
Placemaking (the Council’s Chief Planning Officer) via email, copying
in the Chair of the Committee, prior to 5:00pm on the Thursday before
the Committee meeting requesting a site visit in relation to a particular
planning application on the agenda.
2.3 A requested site visit will be scheduled for the Monday prior to the
Committee meeting, which is usually held on a Tuesday.  When the
Committee meeting is scheduled for a Monday afternoon the site visit
will take place on the morning prior to the meeting.  Prior to a site visit
taking place Democratic Services will notify elected members of the
travel arrangements.
Attendance at the Site Visit
2.4 With regard attendance at the requested site visit and participation in
the subsequent Committee consideration of the associated planning
application – it is proposed that only those elected members that attend
the site visit can participate in the determination of the application.  The
Committee can be chaired by an elected member who does not attend
the site visit if they don’t contribute to the planning application
deliberation.
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2.5 The Town and Country Planning (Scotland) Act 1997, as amended by
the Planning etc. (Scotland) Act 2006 and the Planning (Scotland) Act
2019, Part III Section 37 (2) – Determination of applications states: “In
dealing with such an application the authority shall have regard to the
provisions of the development plan, so far as material to the
application, and to any other material considerations.” 
2.6 The planning application Committee report will set out the relevant
planning policies and the known material considerations at the time of
the officers assessment – the site visit may not raise or identify any
new material considerations, but there is a risk that those elected
members who attend the site visit either observe or hear (potentially in
response to questions being raised) matters which are relevant to the
applications determination and as such those Committee members
who do not attend the site visit may be at a disadvantage and therefore
should not take part in the determination of the associated planning
application. 
2.7 It is best practice that elected members who take part in the
determination of applications do so on the basis of all the information
available, including that obtained during a site visit. 
2.8 Elected members who do not attend a site visit and therefore will not
take part in the subsequent planning application consideration do not
have to declare an interest and the leave the Committee meeting for
the relevant item, but do not count towards the Committee quorum for
the associated item on the agenda. 
3 RECOMMENDATION 
3.1 It is recommended that the Committee: 
a) note the procedures set out in this report; and
b) agree that elected members must attend a scheduled site visit to
participate in the determination of the associated planning
application. 
Peter Arnsdorf
Head of Placemaking 
Date:    25 February 2026
Contact Person: Peter Arnsdorf, Head of Placemaking 
peter.arnsdorf@midlothian.gov.uk
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Planning Committee
Monday 9 March 2026
Item No 5.2
UPDATE REPORT ON PLANNING ENFORCEMENT CASES
Report by Chief Officer Place
1 PURPOSE OF REPORT
1.1 The purpose of this report is to provide the Committee with an update
on those enforcement cases that have been reported to the Committee
as requested by the Committee at its meeting of January 2026. 
2 BACKGROUND
2.1 The Town and Country Planning (Scotland) Act 1997, as amended by
the Planning etc. (Scotland) Act 2006 and the Planning (Scotland) Act
2019 and associated regulations provide the legislative basis for the
various forms of planning enforcement activity. Scottish Government
guidance on the approach to be taken to enforcement work is
contained in Circular 10/2009 – Planning Enforcement.  Paragraphs 7-
10 of the Circular provides a good overall summary of the framework
that local planning authorities are operating within in relation to
planning enforcement matters.
2.2 Paragraphs 7-10 of Circular 10/2009 – Planning Enforcement are as
follows:
7. Nothing in this guidance should be taken as condoning any breach
of planning law.  Planning authorities have a general discretion to take
enforcement action against any breach of planning control if they
consider such action to be expedient, having regard to the provisions of
the development plan and any other material considerations.  When
they are considering whether any particular formal enforcement action
is an expedient remedy for unauthorised development, planning
authorities should be guided by the following considerations: planning
authorities, under the provisions of the 1997 Act, have primary
responsibility for taking whatever enforcement action may be
necessary in the public interest, in their administrative area.
Decisions in such cases, and any resulting action, should be taken
without undue delay.  Failure to do so could constitute grounds for a
finding of maladministration by the Scottish Public Services
Ombudsman.  In considering any enforcement action, the planning
authority, with regard to the development plan, should consider
whether the breach of control would affect unacceptably either public
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amenity or the use of land and buildings meriting protection in the
public interest.  Enforcement action should always be commensurate
with the breach of planning control to which it relates.  For example, it
is usually inappropriate to take formal enforcement action against a
trivial or technical breach of planning control which has no material
adverse planning implications (but see paragraph 8 below).  However,
planning authorities should be aware that failure to take enforcement
action against a breach of planning control could be subject to a
referral to the Scottish Public Services Ombudsman 
8. While it is the case that it may be possible to resolve a breach of
planning control through informal negotiations, particularly where the
breach is relatively minor and/or unintentional, where such an
approach is initially unsuccessful, further negotiations should not be
allowed to hamper or delay whatever formal enforcement action may
be required to make the development acceptable on planning grounds,
or to compel it to stop.  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. 
9. 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. 
10. Planning authorities have a wide choice of available options for
taking enforcement action, whenever they consider it appropriate.
Authorities need to assess, in each case, which power (or mix of
powers) is best suited to dealing with any particular suspected or actual
breach of control to achieve a satisfactory, lasting and cost-effective
remedy.  Rapid initiation of enforcement action is usually vital to
prevent a breach of planning control becoming well established and
more difficult to remedy. 
2.3 The time limits on taking enforcement action are identified at
paragraphs 10-12 of the Circular: 
10. Where a breach of planning control consists of the carrying out of
any form of 'operational development' without planning permission,
section 124(1) provides that enforcement action may only be taken
within 4 years of the date on which the operations were 'substantially
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completed'.  This provision extends to building, engineering, mining
and other operations in, on, over or under the land.
11. Where a breach of planning control consists of a change of use of
any building (which, for the purposes of the 1997 Act, includes part of a
building) to 'use as a single dwellinghouse', section 124(2) provides
that enforcement action may only be taken within 4 years of the date of
the breach.  This time limit applies both where the change to use as a
single dwellinghouse involves development without planning
permission, and where it involves a failure to comply with a condition or
limitation to which a planning permission is subject.
12. Where there is any other breach of planning control - i.e. a breach
involving any material change in the use of land (other than a change
to use as a single dwellinghouse) either without planning permission, or
in breach of a condition or limitation to which a planning permission is
subject - section 124(3) provides for the 10 year time limit on
enforcement action to apply.
2.4 It should be noted that there are no time limits for taking enforcement
action in relation to unauthorised works to listed buildings.
2.5 In Midlothian all valid planning enforcement complaints received are
investigated.  Investigations will take different time period depending on
the nature of the issue involved and the complexity of the case. 
Typically an enforcement complaint will we closed for one of the
following five reasons:
• Investigations identify that there is no breach of planning control;
• There is a breach of planning control but it is considered to be a
minor/technical breach and not harmful and therefore not
expedient to take further action;
• The breach has been resolved informally; 
• Retrospective planning permission has been granted for the
previously unauthorised development; or
• Formal enforcement action has been taken and the notice served
has been complied with. 
2.6 The details of the different enforcement powers open to the Council are
set out in the Council’s Planning Enforcement Charter which was
approved by the Committee at its meeting of October 2022. 
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3 ENFORCEMENT UPDATE 
3.1 The below table sets out the position regarding those cases reported to
the Committee since May 2022. 
Table 1: Enforcement Cases Reported to Planning Committee 
Site Breach of
Planning Control
Date Reported to
Committee
Current Position
1 Land to the
north of 6
Ashbank,
Gorebridge
Unauthorised
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. 
22 November 2022
– reporting outcome
of appeal decision
(appeal dismissed
enforcement notice
upheld) 
28 February 2023 –
seeking authority to
refer case to
COPFS 
20 January 2026 –
reporting outcome
of court case and
seeking authority to
refer back to the
COPFS
Enforcement Notice
issued 30 June 2022 
Enforcement Notice
appeal dismissed 
Site owner fined
£16,125 at Sheriff Court 
Case to be referred to
COPFS for a second
time 
Breach remains in part –
hardstanding and one
shipping container
remain on site.
Unauthorised use
continues.
2 South
Church
Hall, West
Street,
Penicuik
Installation of
replacement
windows and doors
in the north facing
elevation of a listed
building
12 March 2024 –
reporting outcome
of appeal decision
(appeal dismissed
enforcement notice
upheld)
Listed Building
Enforcement Notice
issued 6 October 2023 
Enforcement Notice
appeal dismissed 
Windows and doors
replaced – notice
complied with
3 41 High
Street,
Dalkeith
Erection of a fascia
sign on frontage of
a listed building
23 January 2024 -
seeking authority to
refer case to
COPFS 
Listed Building
Enforcement Notice
issued 31 May 2023 
Unauthorised fascia sign
removed prior to referral
to COPFS – notice
complied with
4 130 High
Street,
Dalkeith
Installation of uPVC
windows in listed
building
18 March 2023 –
reporting outcome
of appeal decision
(appeal dismissed
enforcement notice
upheld) 
Listed Building
Enforcement Notice
issued 8 November
2022 
Enforcement Notice
appeal dismissed. 
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23 January 2024 -
seeking authority to
refer case to
COPFS
Planning permission and
listed building consent
granted for new
replacement timber
windows. 
All windows in the front
elevation have been
removed and replaced. 
Monitoring replacement
window works to the
rear elevation.
5 118 High
Street,
Dalkeith
Erection of a fascia
sign, installation of
vinyl graphics and
change of colour of
shop frontage on a
listed building
28 November 2023
- reporting outcome
of appeal decision
(appeal dismissed
enforcement notice
upheld)
Listed Building
Enforcement Notice
issued 16 August 2023 
Unauthorised fascia
signage panel and vinyl
graphics removed and
shop front repainted –
notice complied with.
6 Land
adjacent to
Old Golf
House,
Eskbank,
Dalkeith
Felling and wilful
destruction of trees
within a
conservation area,
unauthorised
engineering
operations and non-
compliance with the
requirements of
Planning
Contravention
Notices
28 November 2023
- seeking authority
to refer case to
COPFS 
Temporary Stop Notice
and Planning
Contravention Notices
issued with regard the
engineering works 27
and 29 September 2023 
Engineering works
permanently ceased. 
Parties undertaking
illegal tree works
reported to COPFS.
Trial set for May 2026.
7 Land
adjoining
A68 Slip
Road/A720
City Bypass
Display of an
unauthorised
hoarding
advertisement
12 September 2023
- seeking authority
to refer case to
COPFS 
31 October 2023 –
seeking authority
not to refer case to
COPFS
Unauthorised hoarding
advertisement removed
following Committee’s
decision of 12
September 2023
8 10 Kirkhill
Terrace,
Gorebridge
Erection of
unauthorised
dwellinghouse
12 September 2023
- seeking authority
to refer case to
COPFS 
Planning application
refused and review
dismissed by the LRB at
its meeting of 27
October 2020 
Amended house design
approved in December
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2021 but not
implemented 
Enforcement Notice
issued 18 November
2022 
Case referred to
COPFS. Awaiting a
hearing date.
9 1 Laurel
Bank Road,
Mayfield
Erection of
unauthorised
garage and
sunroom
28 March 2023 -
seeking authority to
refer case to
COPFS 
Planning application
refused and review
dismissed by the LRB at
its meeting of 18
February 2020 
Enforcement Notice
issued 17 February
2022 
Enforcement Notice
appeal dismissed 
Case referred to
COPFS. Awaiting a
hearing date.
10 2 Conifer
Road,
Mayfield
Erection of
unauthorised
outbuilding
28 February 2023 –
reporting outcome
of appeal decision
(appeal dismissed
enforcement notice
upheld)
Enforcement Notice
issued 13 September
2022 
Enforcement Notice
appeal dismissed 
Notice complied with –
unauthorised building
removed
11 Land west
of Lugton
Brae
(Former
Lugton Inn
site), Old
Dalkeith
Road,
Dalkeith
Unkempt state of
the site – debris
and waste
deposited on the
site and heras
fencing collapsed/
damaged
22 November 2022
- seeking authority
to carry out ‘Direct
Action’ to clear the
debris and secure
the site fencing 
S179 (Amenity) Notice
issued 31 March 2022 
Notice not complied
with. 
‘Direct Action’ taken –
debris removed and
fencing secured.
12 9A Ancrum
Bank,
Dalkeith
Non-compliance
with High Hedge
Notice requiring a
hedge to be
reduced in height 
11 October 2022 -
seeking authority to
carry out ‘Direct
Action’ to reduce
the height of the
hedge 
High Hedge Notice
issued 7 August 2020 
Works substantially
complete – not
expedient to pursue
outstanding works. 
*COPFS – Crown Office and Procurator Fiscal Service
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4 ENFORCEMENT ACTIVITY 
4.1 The below table sets out the number of enforcement complaints
received and closed for the period 2021-2026. 
Table 1- Enforcement Complaints Received and Closed 2021-2026 
2021/22 2022/23  2023/24 2024/25 2025/26*
Complaints
received
71 103 108 92 62
Cases
closed
172 155 93 48 45 
*Q3 2025/2026 – 1 April - 31 December 2025 
4.2 Since 2022 the Council has issued 134 notices on landowners and
developers, 11 of which remain extant.  The 11 extant notices and are
outlined in the Council’s Enforcement Register which is published on
the Council’s website.  A breakdown of the notices is as follows: 
Table 2: Types and Number of Notices Served Since 1 January 2022. 
Type of Notice Purpose of the Notice Number of
Notices Issued
Enforcement Notice Used against unauthorised
changes of use and development
27
Listed Building
Enforcement Notice
Used against unauthorised works a
listed building
5
Advertisement
Enforcement Notice
Used against unauthorised
advertisements
2
Temporary Stop
Notice
Requires unauthorised works to
cease for a temporary period
2
Listed Building
Repairs Notice
Used to require essential repairs to
listed buildings
3
Breach of Condition
Notice
Used to secure compliance with a
condition on a planning permission
3
Fixed Penalty Notice Issuing a fine for non-compliance
with an enforcement notice
4
Section 179
(Amenity) Notice
Issued to address an unkempt
state of the land impacting on
public amenity
1
Section 33A Notice Formal request to submit a
planning application for works
already undertaken 
29
Planning
Contravention Notice
A formal request for information 52
Section 272 Notice  A formal request for information 6
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5 RECOMMENDATION 
5.1 It is recommended that the Committee note the Planning Enforcement
update. 
Peter Arnsdorf
Head of Placemaking 
Date:   25 February 2026
Contact Person:  peter arnsdorf@midlothian.gov.uk   
peter.arnsdorf@midlothian.gov.uk
Background: Enforcement Charter approved by the Committee at its
meeting of October 2022
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Planning Committee
Monday 9 March 2026
Item No 5.3
TREE PRESERVATION ORDER (1 of 2025) REGARDING LAND AT
POMATHORN MILL, PENICUIK
Report by Chief Officer Place
1 PURPOSE OF REPORT
1.1 This report seeks the Committee’s approval to confirm a Tree Preservation
Order (TPO) 1 of 2025 issued on 27 October 2025 regarding an area of
woodland at land at Pomathorn Mill, Penicuik. 
2 LOCATION AND SITE DESCRIPTION
2.1 The woodland covered by TPO 1 of 2025 is located southeast of Penicuik,
immediately to the north of Pomathorn Road (the B6372) which leads
steeply uphill from Penicuik towards the B7026 and Howgate.
2.2 The TPO covers an area of riparian (alongside a watercourse) and
shelterbelt woodland and covers all the trees on the site known as land at
Pomathorn Mill.  The protected trees are collectively referred to as
Woodland 1 (W1) and comprises broadleaf woodland including willow,
birch, oak, hazel, ash, and sycamore.
2.3  The woodland is visible from the B6372 and from the west and north owing
to its elevated position on a visually prominent area of land to the
southeast of Penicuik. 
2.4 The woodland wraps around the central part of the site which houses
Pomathorn Mill, a former mill building currently in light industrial/business
uses surrounded by an area of hardstanding.  There is also a residential
dwelling known as Marasgal in this central area.  To the west of the mill
building, separated by shelterbelt woodland, lies a more open field area
which to the north and west slopes down steeply to the wooded banks of
two un-named burns which form tributaries to the River North Esk. 
Woodland defines the north, southeast, and west boundaries of the TPO
site.  The northwest edge of the site is further defined by the River North
Esk.  The B6372 forms the southern site boundary and to the north and
east of the site land is more open, comprising agricultural fields currently
grazed by sheep.  A track (former rail line) and embankment define the
site’s southeastern edge.
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3     BACKGROUND
3.1 Part of the site is allocated in the Midlothian Local Development Plan 2017
as an additional housing opportunity site (Ahs4 Pomathorn Mill).  The
settlement statement references the importance of existing trees and
woodland on this site for the local landscape character: - 
” The site is prominent in the landscape, being located high above the
valley, and is located in the countryside. There will be a need for
substantial peripheral planting to provide adequate screening. Existing
vegetation along all boundaries should be maintained and enhanced. The
trees along the north-western boundary are especially important due to the
prominent location of the site.”
3.2 Should this site be considered for development the woodland may be at
risk of either indirect or direct harm, either through tree removal or pruning
prior to the start of any construction works, due to construction damage to
the trees or their root protection areas, or in future due to perceived or
actual conflict with a future land use (for example due to partial shading
leading to pressure for tree removal or pruning). 
3.3 Without the confirmation of the TPO 1 of 2025, protection of the woodland
would lapse.  In this case the only limitations on tree felling on site would
be those imposed by the Forestry and Land Management (Scotland) Act
2018.  This would mean that tree felling of up to five cubic metres per
calendar quarter could take place without a Felling Permission, which
could incrementally lead to the removal of the woodland.
3.4 W1 suffered some felling in March 2025, involving clear-felling of some of
the woodland on the site’s southeastern and southern edges, leading to
the subsequent preparation and serving of the tree preservation order,
TPO 1 of 2025, the subject of this report. 
3.5 The felling was considered as unauthorised by Scottish Forestry as Felling
Permission was not in place.  A restocking order has since been placed on
the site by Scottish Forestry, requiring the areas of felled woodland to be
restocked with replacement woodland planting. 
3.6 The site of the TPO is not the subject of a planning application.
3.7 The TPO came into effect on 27 October 2025 and continues in force for
six months (until 27 April 2026) or until the Order is ‘confirmed’, which is
the process of making the TPO permanent (until it is removed).
3.8 Following the service of the TPO the landowners were given the
opportunity to make a representation.  Furthermore, in accordance with the
Regulations, notification of issuing the TPO was published in the
Midlothian Advertiser and on the Council’s website.  In addition, the
Penicuik and Howgate Community Councils and Scottish Forestry were
also notified of the decision to issue the TPO and invited to make a
representation.  
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3.9 Interested parties were given an opportunity to make representations. 
Legislation requires that a period of at least 28 days is made available for
representations to be submitted to the Council following a decision to make
a TPO.  Two representations from interested parties were received.
4 PROCEDURES
4.1  The provision for issuing a Tree Preservation Order is set out in the Town
and Country Planning (Scotland) Act 1997, as amended by the Planning
etc. (Scotland) Act 2006 and the Town and Country Planning (Tree
Preservation Order and Trees in Conservation Areas) (Scotland)
Regulations 2010.  A planning authority may make a TPO if it appears to
them to be “expedient in the interest of amenity and/or that the trees,
groups of trees or woodlands are of cultural or historic significance”
(Scottish Government Planning Circular 1/2011: Tree Preservation
Orders).
4.2 Following the service of a TPO the owner of the land and other interested
parties can make representation.   However, there is no right of appeal
against a TPO once it is designated by the planning authority.
4.3 The TPO shall be in effect for six months, during which time
representations from the owner of the land and other interested parties will
be considered.  If the local planning authority wishes the TPO to stay in
effect beyond the six months, it must ‘confirm’ the order.
5 PLANNING ISSUES
5.1 The TPO was made in response to tree felling activity on site and to
protect local amenity and the character of the area.  The reasons for
issuing the TPO on the woodland were as follows:
• For its contribution to the landscape amenity of the local area and the
wider landscape setting when viewed from the west and south
especially.  
• For its contribution to the landscape character of the River
North Esk corridor, its tributaries, and the countryside southwest of
Penicuik. 
• For its importance in providing visual screening of the site’s current
industrial buildings and hardstanding and to provide screening for any
future land use.   
• For its importance for biodiversity and green network connections. The
TPO site is partially covered by the Penicuik Mill Lade and the
River Esk to Esk Bridge Local Biodiversity Site within which semi
natural broadleaved woodland and broadleaved plantation are
highlighted as notable habitats, and is listed as ancient woodland
(recorded in the Ancient Woodland Inventory mapping (NatureScot) as
predominantly Ancient of semi-natural origin and a smaller area of long
established plantation origin), and partially as native woodland (Native
Woodland Survey of Scotland (NWSS).
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• Based on the recent site history of tree removal, the woodland is
potentially at risk of further felling or deforestation.  
• The woodland is assessed to be of reasonable condition with a
retention period of over forty years. 
5.2 The following points are also considered relevant when considering the
amenity, cultural and historic value of TPO 1 of 2025:
• Long and Medium Distance Views:  The site is in an elevated
location, which is widely visible from longer distance views from across
Penicuik, especially from elevated parts of northwest Penicuik, from
where the woodland setting of the site and its function in screening the
current and any future land uses can be clearly appreciated.
• Short Distance Views:  The woodland is visible from surrounding land
areas including from within the Penicuik Conservation Area (e.g. Lower
Valleyfield View), from Core Path 2-42 on the River North Esk corridor
and from the Pomathorn Road (Quiet Road Link 10-16) and to the
south.  The function of W1 in screening the central part of the site is
clearly appreciated from these locations (See photographs), especially
in screening views into the site from Pomathorn Road.  Glimpses into
the site are possible from the site entrance but these are also filtered
by younger woodland on the southeastern site boundary near the site
entrance, that filters views towards the old mill buildings.
• Penicuik Conservation Area:  The woodland is important for the
setting of the Penicuik Conservation Area which is located immediately
adjacent to W1 on the site’s northern boundary adjacent to the River
North Esk.
• Uttershill Castle:  W1 serves to screen views of Pomathorn Mill
industrial buildings from Uttershill Castle (Scheduled Ancient
Monument).
• Landscape Character Type:  The site landscape components closely
match the typical landscape characteristics of the wider area as
defined in LCT270 Lowland River Valleys: Lothians, produced as part
of the 2019 Landscape Character Type map and associated
Landscape Character Type Descriptions NatureScot Landscape
Character Assessment of Scotland.  Shelterbelt and riparian woodland
on steep and rolling slopes is a typical landscape feature of this part of
Midlothian, defining the river valley of the River North Esk and its
tributaries.
• Historic Significance of Woodland:  W1 encompasses a range of
woodland types, which is historically significant as it demonstrates the
history and development of the town of Penicuik and the wider area.
The areas of semi natural ancient woodland and native woodland show
on old mapping (source: National Library of Scotland) dating from the
1800s and is little changed in area.  These riparian woodlands connect
to shelterbelt woodland within the wider rural environment, forming an
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important habitat network across Midlothian, but equally form an
important cultural and historical link to the area’s farming history,
indicating its former historic value as shelter for agricultural land and
pasture and as a timber resource.  The younger woodland on site also
has a key historic significance, indicating the changes that Penicuik
experienced through the coming of the railways and the industrial
revolution with major role that papermaking played in the town’s
history.  The young woodland on the site’s southeastern edge defines
the edge of the embankment of what was formerly the Peebles railway
line, immediately to the site’s southeastern edge.  Mapping from the
1800s clearly shows the railway line and siding, which opened in 1855
and closed in 1962 and a station with platforms; Pomathorn Halt, close
to the site entrance.  The station house still stands, as a dwelling just
to the south of the site entrance.  The Pomathorn Paper Mill was built
later, in the 1950s, but operated for only fifteen years, closing in 1975.
It is likely therefore that the younger woodland on the embankment at
the site’s southeastern edge marks this period, from the point that both
the mill and the railways closed, and the land began to revegetate,
eventually colonising as woodland.  The varied woodland reflects the
changing fortunes of the Penicuik area and its ongoing role as green
network for amenity and biodiversity represents the positive future that
towns such as Penicuik may have despite climate change, if they
embrace and protect their natural amenity resources. 
• Ancient Woodland Inventory:  Parts of the woodland is recorded in
the Ancient Woodland Inventory mapping (Naturescot) as
predominantly ancient of semi-natural origin and a smaller area of
long-established plantation origin, and part of the woodland is recorded
as native woodland by the Native Woodland Survey of Scotland
(NWSS).  This highlights its landscape, historic and cultural importance
as well as its biodiversity importance.  The following text from
NatureScot highlights the key characteristics of ancient woodland: 
“In Scotland, Ancient Woodland is defined as land that is currently
wooded and has been continually wooded, at least since 1750. Ancient
Woods are important because: 
•   They include all remnants of Scotland’s original woodland; their
flora and fauna may preserve elements of the natural composition
of the original Atlantic forests.
•   They usually have much richer wildlife than that of more recent
woods.
•   They preserve the integrity of soil ecological processes and
associated biodiversity.
•   Some have been managed by traditional methods for centuries
and demonstrate an enduring relationship between people and
nature.
•   Woods and veteran trees are ancient monuments whose value to
the local community and historians may be as great as that of the
older buildings in a parish.
•   Once destroyed, they cannot be recreated.
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Although there is no legislation specifically protecting ancient
woodland, Scottish Planning Policy on Ancient Woodland considers
that: Ancient semi-natural woodland is an irreplaceable resource and,
along with other woodlands, hedgerows and individual trees, especially
veteran trees of high nature conservation and landscape value, should
be protected from adverse impacts resulting from development. 
The Scottish Government’s policy on control of woodland
removal states that there is a strong presumption against removing
ancient semi-natural woodland or Plantations on ancient woodland
sites, amongst other types of woodland. 
Other woodlands, hedgerows and individual trees, especially veteran
trees, may also have significant biodiversity value and make a
significant contribution to landscape character and quality, so should
be protected from adverse impacts resulting from development. If a
development would result in the severing or impairment of connectivity
between important woodland habitats, workable mitigation measures
should be identified and implemented, potentially linked to the creation
of green networks.” 
• Cultural and Amenity Value of Green Networks and Nature
Networks:  The TPO also contributes to wider green network and
nature network connections across the wider area, creating links
between the River North Esk and land to the southeast including
woodland shelterbelts around Howgate and shelterbelt and riparian
woodland along the Leadburn to the west.  This role is also considered
to contribute to the TPO’s cultural and amenity value; with the amenity
qualities of woodland on site and the variations in the woodland type
and age adding to the TPO’s cultural and amenity interest along with
the species of wildlife it supports, all of which offer a rich cultural and
amenity woodland landscape for the people of Penicuik to enjoy for the
future. 
5.3 The confirming of the TPO will be an important tool in perpetuating tree
canopy cover in the area to help address the climate emergency,
protecting the trees for their amenity and place functions/value, and
preserving local biodiversity and habitat connectivity. 
6 REPRESENTATIONS 
6.1 The Council received two representations objecting to the issuing of the
TPO – the issues raised in the representations are summarised below
along with an officer response. 
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6.2 Representation 1:  This representation was submitted on behalf of the
landowner of part of the site.  The representation is a formal objection to
the making of the TPO.  The objection only relates to the land that is within
the ownership of the Pomathorn Mills site and therefore only relates to two
areas of the TPO woodland. 
The objection states that the landowner’s position is that: 
“The Order has been made inappropriately because the vegetation in
question comprises regenerating scrub which is of limited amenity value
and does not meet the statutory test for TPO designation…. We therefore
respectfully request that the Council does not confirm the Order. “ 
6.3  Representation 2:  This representation was submitted on behalf of a
company operating from Pomathorn Mill. 
“a legal position… in the form of missives to acquire the former Pomathorn
Paper Mill to the extent of which is identified under the Title reference
MID46464” 
The representor sets out in their email that the objection relates only to
land within the ownership of the Pomathorn Mill. 
They also comment that: 
“Our objection is based on advice which we have been given to the effect
that the order has been made inappropriately given that the vegetation in
question within the site comprises regenerating scrub of limited amenity
value and does not meet the statutory test for TPO designation.” 
The representor includes an attachment with further details, including a
plan showing the area of interest, title MID46464. This encompasses the
mill building, hard standing area and parts of the TPO on the site’s
southeast boundary and on the northwest slope which separates the mill
building from the more open field area to the northwest. The key areas of
objection raised are as follows: 
1. “The vegetation does not constitute trees of amenity value”
the objection states that “the area covered by the Order comprises
self-seeded early successional scrub dominated by birch and goat
willow interspersed with rough grassland and other ephemeral
vegetation” 
2. “Ecological or Environmental Functions Are Not Independent
Grounds for a TPO” - the objection notes that the Order refers to
habitat value, biodiversity, and environmental benefits as reasons
for designation, and states the opinion that they are not legally
sufficient grounds for a TPO. 
3. “Misapplication of the TPO Mechanism”: The objection states that
“the purpose of a Tree Preservation Order is to protect established
trees that make a recognisable and positive contribution to the
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visual character or amenity of an area…applying a blanket Order to
regenerating scrub on derelict land undermines that purpose and
introduces unnecessary procedural constraints without achieving
meaningful public benefit”. 
6.4 Response to Representations:  The comments relate only to the two
areas of woodland within the land ownership of the Pomarthorn Mill site
that both objectors are referring to (within title deeds MID46464).  These
are the areas of woodland located on two banks either side of the former
mill building.  One is located on the site’s southeast boundary, and the
other is located northwest of the mill building. 
6.5 Response to Representation 1: 
“The vegetation in question comprises regenerating scrub of limited
amenity value and does not meet the statutory test for TPO
designation.”  The younger woodland areas in question can be described
as woodland rather than scrub.  Under the National Vegetation
Classification, one of the main recognized habitat survey recording
methods, scrub vegetation is categorised as a range of communities of
shrubs, each classed based on the shrub species it contains, such as
gorse-bramble scrub, blackthorn-bramble, and is generally considered to
be vegetation below 5 metres in height.  Under-scrub can also be present
in wooded areas, and, based on the NVC guidance (NVC Field Guide to
Woodland), woodland does not always have to have a closed canopy.
Based on the NVC classification and the tree species seen on this part of
the site, the woodland on the southeastern boundary relates more closely
to woodland type W2 Salix cinerea (Grey Willow) and Betula pubsecens
(Downy Birch), than to scrub, although in this case the representor
identifies Salix caprea (Goat Willow). The ground on site also corresponds
with this woodland type, being poorly drained ground. 
The southeastern part of the TPO has a more open appearance in places
(especially close to the site entrance) which may have influenced the
description as ‘scrub’, due to the unlawful felling that took place in March
2025. The more northerly part of this area was spared felling and so still
demonstrates a denser canopy.  Dense linear canopy is also seen in aerial
photographs taken before the felling occurred.  The felling led to the
serving of a stop notice and a restocking order by Scottish Forestry, who
confirmed to the Council that they consider this area to be part of the wider
woodland.  The felling also led subsequently to the serving of the TPO. 
The restocking order, served by Scottish Forestry requires that the felled
areas be restored through replacement woodland planting, meaning that
the area will require to be returned to its former wooded character.  Further
evidence supporting the Council’s view that the woodland is of amenity
value. 
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6.6 Response to Representation 2: 
“The vegetation does not constitute trees of amenity value.” 
Representor 2 describing the trees as “self-seeded early successional
scrub dominated by birch and goat willow”.  The term “self-seeded” is often
used incorrectly to suggest trees or woodland or lower value.  Woodland is
a naturally occurring entity that propagates through self-seeding.  There is
not a requirement through the TPO legislation to prove that a woodland or
trees were planted intentionally to be eligible for protection.  The areas of
W1 in question contain a range of tree species including willow and birch
some of which are estimated to be around fifty years old.  There is no
wording within the TPO legislation that precludes the making of a TPO for
particular species and no indication that pioneer species are not suitable
for protection. 
“Ecological or Environmental Functions Are Not Independent
Grounds for a TPO”   
TPO 1 of 2025 was made for reasons of amenity, culture, and history.  The
woodland is considered of value and worthy of confirmation of the TPO. 
The grounds for serving the TPO are contained in section 5 of this report. 
Whilst ecological and environmental functions of the woodland are of value
in this context, they are not considered as an independent reason, rather
they add to the cultural and amenity value and appreciation of the
woodland.  Additional information is also set out in section 5 describing
how the varied age and species structure of the woodland also serves to
add to its historic and cultural value, telling as it does the story of the site
and the Penicuik area’s farming, railway and papermill history. 
“Misapplication of the TPO Mechanism” 
The TPO has been applied correctly, to protect woodland of varied age
structure and of high amenity, cultural and historic value, and to allow for
the integration of the site (and any future uses), into the local landscape
and the wider landscape around Penicuik.  The TPO will protect the
woodland for the future whilst the statutory Work to Tree process allows for
landowners or agents to apply to the Council for permission to carry out
any desired tree works.  This process is operated efficiently by the Council,
allowing any future tree works proposals to be considered and approved
where appropriate, whilst allowing for replacement planting to be required,
and to be refused where the application is considered inappropriate.  The
process is not seen to introduce unnecessary delay or procedure, bearing
in mind that, had this woodland not been protected by a TPO, the owner or
agent would have been required to go through a similar process via
Scottish Forestry to seek Felling Permission. 
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7 RECOMMENDATION 
7.1 It is recommended that Committee: 
a) Confirm the Tree Preservation Order (1 of 2025) for an area of
woodland at Pomathorn Mill, Penicuik; and 
b) Instruct the Head of Placemaking to carry out the necessary
procedures, following confirmation and endorsement of a tree
preservation order, which are required by the Town and Country
Planning (Scotland) Act 1997, as amended by the Planning etc.
(Scotland) Act 2006 and the Town and Country Planning (Tree
Preservation Order and Trees in Conservation Areas) (Scotland)
Regulations 2010. 
Peter Arnsdorf
Head of Placemaking 
Date:     25 February 2026
Contact Person:  Grant Ballantine    
grant.ballantine@midlothian.gov.uk
Attached Papers: Site Location Plan, Site Photographs and Aerial
Photographs and Historical Plans 
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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
W1
Midlothian Council Licence No. AC0000811376 (2025)
Land at Pomathorn Mill, Penicuik
File No. TPO 1 of 2025
Scale 1:2500
Location Plan
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TPO 1 of 2025 Land at Pomathorn Mill Site Photos
25/03/2025 Site Visit: Showing felling that took place in March 2025: all areas shown
with tree felling in the photos below will be required to replanted as woodland.
Above: View of felled timber within Woodland 1, adjacent to Pomathorn Road
Site Photographs
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Above: Woodland 1 showing partial felling of area alongside Pomathorn Road as viewed
from within the site looking south 
Above: View from within site by Pomathorn Mill, looking southeast toward site entrance
showing some of the felling within Woodland 1 
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Page 40

Above: View from site entrance looking north, showing some of the felling within
Woodland 1 alongside Pomathorn Road 
Above: Partially felled areas and former weighbridge, and remaining trees separating the
site from Pomathorn Road. 
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Page 41

Above: View of partially felled area on southeast boundary; area that was saved from
felling by the stop order is visible next to the red containers. Conifers on the skyline are
out-with the TPO.
Above: Felled trees on southeast site edge within Woodland 1.
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Page 42

Above: Felled trees on southeast part of site, close to site entrance 
Above: Felled trees on southeast boundary
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Page 43

Above: Partially felled woodland close to mill buildings 
Above: Partially felled woodland close to mill buildings 
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Page 44

Above: Partially felled woodland close to mill buildings 
Above: Partially felled woodland close to mill buildings  
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Page 45

03/09/2025 Site Visit Photos Showing all areas of Woodland 1 
Above: Edge of Woodland 1 alongside Pomathorn Road, on left side of photo.  Uttershill
Castle Scheduled Ancient Monument is within 75 metres on the opposite side. 
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Page 46

Above: Edge of Woodland 1: alongside Pomathorn Road 
Above: Woodland 1 shown on the left side of the picture, alongside Pomathorn Road
showing the amenity and screening effects of the woodland from the road.
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Page 47

Above: View of the site’s southern boundary along Pomathorn Road, with Woodland 1
seen on the right side of the picture, indicating its amenity and screening value.
Above: View from entrance looking northwest into the site. Weighbridge building in the
foreground and the part of Woodland 1 (adjacent to Pomathorn Road) to the left.  Some
woodland was felled in this area in March 2025 and is subject to a restocking order so
will require to be replanted as woodland. 
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Page 48

Above: View from hardstanding immediately next to the mill building, showing partially
felled woodland that defines the site’s southeastern boundary. The felled areas
(foreground) are subject to a restocking order from Scottish Forestry so will require to be
replanted as woodland. 
Above: Woodland 1 by Pomathorn Road and the small weighbridge building, seen from
within the site looking southeast
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Page 49

Above: View within the site adjacent to Pomathorn Mill, looking northwest. Part of
Woodland 1 is seen in the background. This screens views from the  north. 
Above: View within the site adjacent to Pomathorn Mill, looking southeast, with the part
of Woodland 1 that lies between the mill buildings and Pomathorn Road shown on the
right side of the photo. 
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Page 50

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Page 51

Above: View from within field on site, looking northeast towards the part of Woodland 1
that runs along tributaries to the River North Esk on the site’s northern edge.
View of woodland on banking in central part of site, located between mill buildings and
field to the west. 
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Page 52

View from within field area looking south towards the part of Woodland 1 that runs
alongside Pomathorn Road (B6372) demonstrating the important screening the
woodland provides from the road 
View from within field area on site looking southeast towards Pomathorn Mill, with part
of W1 in the midground, demonstrating its importance for filtering and screening views
into the site when viewed from parts of Penicuik and the northwest
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Page 53

View from within field area on site looking south towards Marasgal property and
Pomathorn mill, with part of W1 in the midground, demonstrating its importance for
filtering and screening views into the site 
View from field edge within the site looking northeast along the edge of Woodland 1
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Page 54

View from within site at field edge, with Woodland 1 in the midground, looking
northwest towards Penicuik town centre, with the Pentlands visible in the distance 
View from edge of field area within site, looking north across Woodland 1 towards
Penicuik Conservation Area and woodland and residential properties at Valleyfield and
Kirkhill area. Remnants, believed to be part of old railway track, showing in foreground.
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Page 55

View from northern field edge within the site, looking southwest across Woodland 1 with
woodland along the Black Burn south of Uttershill Castle in the background. 
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Page 56

View looking northeast from Core Path 2-42 across the River North Esk into the site 
View looking southeast into the site from the Core Path 2-42 
alongside the River North Esk 
View looking south towards the site from Lower Valleyfield View, Penicuik Conservation
Area
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Page 57

View looking east into the site edge from Pomathorn Bank adjacent to the site.
Woodland 1 is seen in the mid-ground behind nos 2-6 Pomathorn Bank on the right of
the photo
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Site Photos 12th February 2026
Above: Views of woodland belt along Pomathorn Road from site entrance looking west
Above: Views of woodland belt along Pomathorn Road from site entrance looking west
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Above: Remaining trees on the edge of woodland 1 at the site entrance. These filter
views of the site from Pomathorn Road, and the required restocking will increase this.
Above: Views from access track (former railway line) to southeast edge of TPO, showing
remaining trees and area that was felled (in foreground). This area of the site now has a
restocking direction from Scottish Forestry requiring replacement woodland planting.
The conifers to the righthand side of the photo are out-with the TPO boundary. 
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Above: Remaining woodland belt on southeast edge looking north
Above: View looking northwest into the site from the track (former railway line) on the
southeast edge, showing TPO protected shelterbelt woodland on the southeast part of
the site, which filters views into the site from the southeast
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Page 61

Above: TPO protected woodland on site’s northeast corner, looking west from adjacent
track (former railway line) out-with the site boundary (February 2026)
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Long Distance Site Photograph Taken from Cala Site, Mauricewood, January 2026
Above: Pomathorn Mill and Woodland 1 viewed from Silurian Drive, near Mauricewood.
This photo indicates, even in winter, the prominent location of the site and the
important screening and filtering function of the woodland which helps integrate it into
the surrounding rural landscape.
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OFFICIAL
Aerial Photographs and Historic Maps Showing the site of TPO1 of 2025: land at
Pomathorn Mill
Aerial photograph of TPO 1 of 2025 showing woodland canopy cover. The density of the
woodland canopy on the southeast site boundary is indicated, showing as similar in
density to the older areas of woodland on the site boundaries to the south, north and
west. This aerial photograph was taken prior to the unauthorised felling in March 2025.
The woodland cover has been reduced in some areas but is to remain as woodland due
to the requirement for restocking. 
Aerial Photographs and Historical Maps
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OFFICIAL
OS Six Inch, 1888-1915 showing the railway and station on TPO’s southeastern
boundary, and woodland cover at that time. (National Libraries of Scotland)
OS Six Inch, 1888-1915 This mapping shows the alignment of the Peebles railway which
originally crossed the site, overlaid onto recent aerial photography showing  the railway
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OFFICIAL
embankment and sidings on and adjacent to the site; the embankment area is now
highlighted by the younger parts of the TPO woodland which have established since the
railway’s closure. (Source: National Libraries of Scotland)
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Planning Committee
Monday 9 March 2026
Item No 5.4
PLANNING APPLICATION APPEAL DECISION WITH REGARD
APPLICATION 25/00362/PPP FOR PLANNING PERMISSION IN
PRINCIPLE FOR THE ERECTION OF 14 DWELLINGHOUSES AT THE
FORMER ARNISTON GAS WORKS, GOREBRIDGE 
Report by Chief Officer Place
1 PURPOSE OF REPORT
1.1 The purpose of this report is to advise the Committee of a planning
application appeal decision with regard an application (25/00362/PPP)
for planning permission in principle for the erection of 14
dwellinghouses at the Former Arniston Gas Works, Gorebridge.  
2 BACKGROUND
2.1 Planning application 25/00362/PPP was considered by the Committee
at its meeting of 6 October 2025.  The application was refused for the
following reasons:
1. The proposed ‘windfall’ housing development is not supported
by one of the limited circumstances identified in policy 16f of
National Planning Framework 4 and is, therefore, contrary to
that policy.
2. The proposal has not demonstrated that the houses are
required for the furtherance of an established countryside
activity or will reuse brownfield land where a return to a natural
state has not or will not happen without intervention, nor that
there are material planning considerations to otherwise justify
approval of the proposal contrary to policy RD1 of the
Midlothian Local Development Plan 2017 and Policies 8, 16
and 17 of the National
Planning Framework 4.
3. The proposed development would result in the direct and
indirect loss of mature trees and ancient woodland within a
conservation area and special landscape area to the significant
detriment of the character and appearance of the surrounding
area.
4. The loss of trees would also have a significant detrimental
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impact the Gore Glen Local Biodiversity Site and green
networks in the area.
5. For the above reasons (3 and 4), the proposal is contrary to
policies ENV6, ENV7, ENV11, ENV14 and ENV19 of the
Midlothian Local Development Plan 2017 and Policies 2, 3, 4,
6, 14 and 17 of the National Planning Framework 4The
indicative layout demonstrates that the application site is not of
a sufficient size to accommodate the level of proposed
development. It has not been demonstrated that the site could
accommodate the existing and proposed landscaping,
dwellinghouses, necessary levels of private outdoor space,
parking, a scheme to deal with surface water drainage,
adequate drainage provision and the necessary Network Rail
requirements. The proposal would result in a significant
overdevelopment of the site and is therefore contrary to
policies RD1 and DEV6 of the Midlothian Local Development
Plan 2017 and Policy 14 of the National Planning Framework
4.
6. The indicative layout and housetypes are of suburban design
and character which does not respect, reflect or enhance the
surrounding countryside, conservation area or special
landscape area. The proposal is therefore contrary to polices
RD1, ENV6, ENV7 and ENV19 of the Midlothian Local
Development Plan 2017 and Policies 7, 14 and 17 of the
National Planning Framework 4.
7. The access to the proposed development is potentially sub-
standard. The applicant has not demonstrated that an
acceptable access could be created to serve this development
without adversely impacting on the landscape character of the
aera. The use of the proposed access would potentially cause a
hazard to the safety and free flow of traffic.
8. It has not been demonstrated through the submission of site
investigation works that the contamination of the site from
historic uses can be addressed, mitigated and remediation
works be carried out to an acceptable level to allow the site to be
developed. The proposal is contrary to Policy 9 of National
Planning Framework 4.
9. It has not been demonstrated to the satisfaction of the planning
authority that suitable and appropriate noise mitigation
measures can be installed at the site which do not have a
significant adverse impact on the character and appearance of
the surrounding area. The amenity of occupants of housing at
this site would be significantly detrimentally impacted by noise
from the A7 or adjacent railway line. Therefore, the proposal is
contrary to policy ENV18 of the adopted Midlothian Local
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Development Plan 2017 and Policy 23 of National Planning
Framework 4.
10. It has not been demonstrated to the satisfaction of the planning
authority that the proposal would not have an adverse impact on
protected species. The proposal does not comply with policy
ENV15 of the Midlothian Local Development Plan 2017 and
Policy 4 of National Planning Framework 4. 
2.2 The decision notice was issued on 13 October 2025 and the applicant
submitted an appeal on 28 November 2025. A Scottish Government
Reporter was appointed to determine the appeal and following a site
visit the appeal was refused on 19 February 2026.  A copy of the
appeal decision is attached to this report as Appendix A. 
3 THE DECISION 
3.1 In considering the appeal the Reporter concluded that the proposal
was contrary to the National Planning Framework No.4 (NPF4) and the
Midlothian Local Development Plan 2017 (MLDP) – the primary
material policies are: 
National Planning Framework No.4
• Policy 3 Biodiversity 
• Policy 4 Natural places
• Policy 6 Forestry, woodland and trees
• Policy 7 Historic assets and places
• Policy 9 Brownfield, vacant and derelict land and empty buildings
• Policy 14 Design, quality and place
• Policy 16 Quality homes
• Policy 17 Rural homes
• Policy 23 Health and safety 
Midlothian Local Development Plan 2017
• DEV6 Layout and Design of New Development
• RD1 Development in the Countryside
• ENV6 Special Landscape Areas
• ENV7 Landscape Character 
• ENV11 Woodland, Trees and Hedges
• ENV14 Regionally and Locally Important Nature Conservation
Sites
• ENV15 Species and Habitat Protection and Enhancement 
• ENV16 Vacant, Derelict and Contaminated Land
• ENV18 Noise 
• ENV19 Conservation Areas
• ENV22 Listed Buildings 
3.2 In considering the principle of development the Reporter reached the
following conclusions:
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“I find the proposal to be inconsistent with the plan spatial strategy by
proposing development outside a settlement boundary and also
inconsistent with a large number of development plan policies” 
“The proposal does not meet any of the criteria set out in policy RD1
for housing in the countryside and the appellant has not advanced an
argument for the proposal on any of these criteria. I therefore find that
the proposal is not supported by LDP policy RD1 on rural homes.” 
“I am satisfied that approximately 25% of the appeal site was
previously developed as a gas works, accommodating a gas holder
station. This part of the site is capable of being considered as
brownfield and therefore draws some support from NPF4 policy 17
part a) ii, subject to compliance with other relevant policies, including
NPF4 Policy 9. However, the remaining 75% of the site shows no
evidence of previous use. This part of the site is either undeveloped
land or brownfield land that has returned to a natural state. As such, it
can draw no support from part a) ii of policy 17.” 
“The council describes the site as ‘successfully returning to a natural
state without intervention’. I agree that over three-quarters of the site
has been naturalised, or has never previously been developed as
described above, as it contains extensive areas of woodland and plant
cover.” 
“I consider the proposal by its very nature would require the removal
of a substantial amount of the existing biodiversity from the site. I
noted a significant number of trees on and surrounding the site, which
is verified by the preliminary ecological assessment (PEA). This
assessment confirms the site includes ancient woodland, mixed
woodland, broadleaved parkland and scattered trees. I noted on site
that the trees are not located solely on the site boundaries, as
suggested within the appeal documents, but rather that there are
numerous trees of varying maturity throughout the site that would be
affected by the proposed development. Whilst the appellant’s design
and sustainability statement confirms their intention to retain trees to
boundary areas, I agree with the council that in reality the retention of
the majority of trees across the site would be incompatible with
developing 14 dwellings and associated infrastructure. In the absence
of an arboricultural report or a plan showing the locations of the
existing trees to be removed or the root protection zones of those to
be retained, I consider there is a high probability that a significant
number of trees, including some that are categorised as ancient
woodland, would need to be removed. The appellant has not provided
any evidence to convince me otherwise.” 
“Whilst the PEA provides information on what is existing on site, I
have limited information regarding the extent of the biodiversity that
would be directly or indirectly impacted by the proposal. Having
consideration for the likelihood that a significant number of trees and
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plants throughout the site would need to be removed to accommodate
the development, together with likely indirect impacts on trees and the
ecology of the area, I consider there is likely to be a significant
adverse effect on biodiversity on the site. Whilst I consider that there
would be some policy support in relation to the reuse of the small area
(approximately one quarter of the site) of brownfield land that has not
naturalised, in my view this does not outweigh the likely loss to the
established biodiversity across a site that forms part of a recognised
local biodiversity site.” 
“I am therefore not persuaded that the proposal would constitute a
sustainable reuse of brownfield land. The proposed development
would not gain policy support from NPF4 policy 9 in the circumstances
of this case.” 
“In summary, I find the principle of the development would not be
supported by NPF4 policy 16 on quality homes or by policy 17 on rural
homes. Any potential support from policy 9 on account of the site’s
brownfield status does not alter that position, given the impact this
would have on the biodiversity of the majority of the site which is not
previously developed or has naturalised.” 
3.3 In considering the effect of the proposals on the surrounding
conservation area and special landscape area (SLA) the Reporter
reached the following conclusions: 
“…it was clear from my site inspection and from exploring this part of
the conservation area that the mature trees and established woodland
are a significant part of its character and appearance. The council
highlights the site’s positive contribution to the landscape setting of
the area. As outlined above, I have no evidence that the trees that are
present throughout the site and along the boundaries could be
retained if the site were developed for 14 homes. As such I consider
that direct and indirect harm to the established trees in and around
the site would be inevitable, which would cause harm to the character
and appearance of the conservation area, contrary to NPF4 policies 6
and 7 and LDP policy ENV19.” 
“I note the boundary of the SLA is the A7 road to the east, and
therefore the site represents a small part of the designated area.
Nevertheless, as set out in the Statement of Importance for the SLA,
the main character of this part of the SLA is dense woodland with a
high nature conservation interest. I therefore consider that the direct
and indirect harm a development of this site for 14 homes would
cause to the mature trees and woodland within and adjacent to the
site, would adversely affect this special landscape quality of the SLA,
contrary to LDP policy ENV6.” 
3.4 In considering the effect of the proposals on biodiversity, woodlands
and trees the Reporter reached the following conclusions:
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“As I have no evidence to convince me that the proposal could be
developed without harm to these important habitats, I do not consider
that this is a matter that could be managed or mitigated through
planning conditions, even if I had found the principle of development
to be acceptable.” 
“… given this is an identified local biodiversity site where NPF4 and
LDP policies expect the strengthening of nature networks, not harm, I
consider more detail should have been provided with the application
to demonstrate not only that there would not be unacceptable effects
on biodiversity, but that biodiversity could be enhanced in accordance
with this policy expectation.” 
“In summary, in the absence of evidence that the level of
development that is proposed could be accommodated within the
site without direct or indirect harm to the ancient woodland, trees
and biodiversity on the site, I must rely upon the indicative layout
that has been provided. From this, I conclude that the proposal
would inevitably require significant tree loss and would cause harm
to the local biodiversity site and biodiversity in general. Whilst there
is some support from NPF4 policy 4, overall, the development would
be contrary to NPF4 policies 3 and 6 and LDP policy ENV11 and
ENV14.” 
3.5 In considering the effects of the proposals on protected species the
Reporter reached the following conclusions: 
“In terms of nesting birds and the badger movements I agree that
these are not European protected species and these could be
addressed through conditions. However, I consider it is necessary, at
least in respect of bats, which are European protected species, for the
mitigation measures to be submitted prior to determination and
therefore do not agree that a condition would be appropriate. The
absence of such measures means it is not possible to satisfy the
policy 4 f) requirement that potential impacts are fully considered prior
to the determination of any application. As such, the proposal conflicts
with that policy.” 
3.6 In considering the effects of the proposals on the setting of the
adjacent listed building the Reporter reached the following conclusions: 
“In considering the effect of the proposal on the setting of the listed
building, I acknowledge the appellant’s stated desire to retain the
mature trees along their boundaries with the lodge. However, the
indicative plan layout does not demonstrate this. The proposed
dwelling on plot 14 would be positioned close to the rear of the lodge,
detracting from the listed building’s sense of relative isolation from
other buildings that is a consequence of its original design and
purpose, and would not take account of the trees in this location,
which also add to the listed building’s setting. Likewise, the rear
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garden of plot 13 would also appear to require the removal of mature
trees close to the lodge. These matters could potentially have been
resolved through a different layout had I found the principle of
development to be acceptable, although I consider it improbable that
14 homes could be accommodated on the site without harm to the
setting of the listed building.”
3.7 In considering the scale and density of the proposal the Reporter
reached the following conclusions:
“I agree with the council that the site is not suitable for the level of
development that is proposed because the indicative layout does not
demonstrate that 14 dwellings and associated infrastructure could be
accommodated within the appeal site without significant harm to
existing mature trees, biodiversity on site, the character and
appearance of the conservation area, the appearance of the SLA, and
the setting of the adjacent listed building. From the available evidence,
I find the proposed quantum of development would result in an
overdevelopment of the site. As such, I find the proposal to be
contrary to NPF4 policy 14 and LDP policies ENV7 and ENV19.”
3.8 In considering the access and road safety issues of the proposal the
Reporter reached the following conclusions:
“The council cites concerns regarding the potentially sub-standard
access and the harm it would cause to the landscape character of the
area. I agree that the provision of a vehicular access to the required
standard would increase the visual impact of the development
proposal in a prominent location at the entrance to the town. With
regard to the achievability of the required road safety standards, whilst
the roads department has not objected, it is reasonable to consider
whether the required visibility splays are achievable. The appellant
confirms that the layby adjacent to the proposed entrance is controlled
by a third party. However, a suitably worded suspensive condition
might have resolved this issue had I been supportive of the principle of
development.”
3.9 In considering contamination of the site the Reporter reached the
following conclusions:
“The appellant’s own study establishes the need for additional
information to determine the extent of any contamination, and
consequently the extent of works required to make the land safe.
Therefore, the extent of site contamination is unknown. Due to this
uncertainty regarding likely remediation works it is difficult for me to
determine what impact those works in themselves would have on the
site, in particular whether there would be any direct or indirect impact
on the ancient woodland and mature trees within and on the
boundaries of the site. I consider this information is needed in this
instance prior to determination rather than through a condition. In the
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absence of details of the extent of the contamination and any required
de-contamination works, I find the proposal would not comply with
NPF4 policy 9 or LDP policy ENV16.”
3.10 In considering the effects of noise to the proposals the Reporter
reached the following conclusions:
“I agree with the council that such barriers would further detract from
the character of the site’s countryside location, would be likely to
have an indirect or direct impact on the mature trees along the
boundaries and consequently would result in harm to the character
and appearance of the conservation area. Whilst I appreciate the
specific design of the barriers is unknown at this stage, I consider
that any permanent solid barriers of the scale described would be
harmful in this sensitive location.”
“Whilst the proposal could be designed to satisfactorily mitigate
against noise and meet the requirements of NPF4 policy 23 and LDP
policy ENV18, I find the proposed mitigation measures would result in
harm to the conservation area and the SLA, in conflict with NPF4
policy 7 and LDP policies ENV6 and ENV19. I ultimately agree with
the council that the requirement for significant barriers to mitigate
against noise issues further indicates the inappropriateness of this
site for residential development.”
3.11 In assessing other considerations, the Reporter reached the following
conclusions:
“The appellant argues that the site is adjacent to a large allocated
residential site, known as Redheugh, and suggests it could be
considered a natural extension to the allocated housing site. I
consider that the appeal site is materially different from the
Redheugh site, as it has not been allocated through the plan-making
process, is in designated countryside and also contains
environmental designations (as discussed above). Whilst the site is
not remote, under NPF4 policy 15 in relation to local living, I consider
the proposal would result in an unplanned expansion on the edge of
Gorebridge, in conflict with the development plan’s spatial strategy
and the principle of housing delivery being plan-led.”
“I agree with the appellant that the site would provide windfall
housing. The council confirms that the last two years delivery of
housing sites is under that it had anticipated. The introduction of
NPF4 removed the policy trigger that previously offered in-principle
support to a housing proposal where a shortfall in the housing land
supply could be identified. The reference that NPF4 policy 16 f) iii
makes to the rate of housing delivery is now that, housing
development on land not identified for that purpose in the LDP might
be acceptable where the delivery of sites is happening earlier rather
than later than anticipated. As such, the contribution this proposal
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could make to the housing land supply can draw no support from
policy 16. However, this site’s ability to deliver at least some housing
within the short to medium term is, in the context of a housing
emergency, a material consideration in its favour to which I must
have regard.”
“The appellant relies heavily on the, now expired, approval
(15/00335/PPP) in April 2018 for planning permission in principle for
10 dwellings. Whilst recognising this decision is a material
consideration, that decision was made prior to the adoption of NPF4
and the introduction of policy 16 which marked a significant change
in direction to the approach to housing development proposals. As
set out above, NPF4 policy 16 confirms that housing delivery should
be plan-led.”
“The appellant makes reference to the Scottish Government’s Chief
Planner letters dated 2 and 30 September 2025. I agree these letters
highlight the strong role that SME housebuilders play in developing
new homes in rural locations and redeveloping brownfield sites. The
letters require decision makers to read NPF4 as a whole and I do not
consider that they contain any indication that there should be a
change in housing policy.”
“I likewise agree that the declaration of a housing emergency is also
a material consideration as highlighted by the appellant. However,
again, I do not accept that this in its own right provides any
justification to allow housing on an unallocated site contrary to
development plan policy.” 
“I also acknowledge the need for proportionality of information in the
planning process in order that SMEs may deliver housing without an
unnecessary administrative burden. I appreciate this is a planning
permission in principle appeal, however as I have found above, there
are some matters where details are required to be provided prior to
the determination in order to assess whether the proposal is
acceptable in principle. The onus is on an applicant for planning
permission in principle to demonstrate how its proposal could be
developed successfully and, consequently, why the principle of
development should be supported by the decision maker.”
“The appellant makes reference to other sites that were initially
refused under delegated powers by the council and allowed by the
local review body, including permissions where some of the matters
raised above have been accepted as pre-commencement conditions.
I have had regard to these, but each proposal must be considered on
its own merits and circumstances. I have considered them carefully
but find that none is such as to alter my judgement in the specific
circumstances of this case.”
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“The appellant raises procedural matters and argues that they have
not been given fair process by the council. This is not relevant to my
assessment, and I have no remit to consider such matters. However,
in submitting their appeal, the appellant has been able to set out their
position and to make a case as to why they consider that planning
permission should be granted. I have considered all of the evidence
submitted which is material to the case and I am consequently
satisfied that the procedural matters described by the appellant have
not ultimately prejudiced their position.”
3.12 In reaching their decision the Reporter reached the following
conclusions:
“I recognise the positive aspects of the proposal, including the
appellant’s commitment to using high quality materials and design,
sedum roofs on the standalone garages, new specimen standard trees
and the provision of a play park. I also recognise the contribution the
development would make to the supply of homes and the employment
and other socio-economic benefits that this proposed SME-built
development could provide. Nevertheless, these positive aspects do
not outweigh the harm that would arise from the proposal as a whole.”
“I therefore conclude, for the reasons set out above, that the proposed
development does not accord overall with the relevant provisions of
the development plan and that there are no material considerations
which would still justify granting planning permission.”
“I have considered all the other matters raised, but there are none
which would lead me to alter my conclusions.”
4 RECOMMENDATION
4.1 It is recommended that the Committee notes the planning application
appeal decision with regard to an application for planning permission in
principle for the erection of 14 dwellinghouses at the Former Arniston
Gas Works, Gorebridge. 
Peter Arnsdorf
Head of Placemaking
Date:    25 February 2026
Contact Person: Mhairi-Anne Cowie
mhairi-anne.cowie@midlothian.gov.uk
Attached: Location Plan and Scottish Government Reporter’s
Appeal Decision
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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)
Application for planning permission in principle for
the erection of 14 dwellinghouses
Former Arniston Gas Works, Gorebridge
File No. 25/00362/PPP
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Planning and Environmental Appeals Division
Hadrian House, Callendar Business Park, Falkirk, FK1 1XR
E: dpea@gov.scot                                     T: 0300 244 6668
Town and Country Planning (Scotland) Act 1997
Appeal Decision Notice

Decision
I dismiss the appeal and refuse planning permission in principle.
Reasoning
1. I am required to determine this appeal in accordance with the development plan,
unless material considerations indicate otherwise. The development plan comprises
National Planning Framework 4 (NPF4) and the Midlothian Local Development Plan (the
LDP) which was adopted in November 2017.
2. The site lies within the Temple and Arniston Conservation Area. I am therefore
required, by section 64(1) of the Planning (Listed Buildings and Conservation Areas)
(Scotland) Act 1997 (the LBCA Act), to pay special attention to the desirability of preserving
or enhancing the character or appearance of the conservation area. Kirkhill Lodge adjacent
to the site is category C listed and therefore I am also required by section 59 of the same
Act to have special regard to the desirability of preserving its setting.
3. Having regard to the provisions of the development plan, I consider the main issue is
the principle of housing development in this location. Other considerations include: the
effect on the character or appearance of the conservation area and the special landscape
area; the effect on biodiversity, woodlands and trees; the effect on protected species; the
impact on the setting of the listed building; the scale and density of the proposal; land
contamination; the safety of the access; and noise.
Principle of residential development in this location
4. The appeal site is a 1.3 hectare plot of land that was a former gas works but is now
unused and overgrown. It sits between the A7 road to the east and the Scottish Borders
railway to the west. It is an irregular shaped parcel of land. Next to the road, just outside the
site, is a small single storey gas plant. Kirkhill Lodge, to the northeast of the site, is the only
residential dwelling to adjoin the plot and is category C listed. The northern boundary
Decision by Susannah Moore, a Reporter appointed by the Scottish Ministers
 Planning appeal reference: PPA-290-2075
 Site address: former Arniston Gas Works, Gorebridge, EH23 4LL
 Appeal by Mr J McHale against the decision by Midlothian Council
 Application for planning permission in principle 25/00362/PPP dated 3 July 2025 refused
by notice dated 13 October 2025
 The development proposed: the erection of 14 dwellinghouses
 Date of site visit by Reporter: 21 January 2026
Date of appeal decision:   19 February 2026
Appendix A
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comprises woodland, some of which is identified as ancient woodland. To the south is Gore
Glen which sits at a higher level than the site and is covered in mature trees. There are also
many trees of differing maturity throughout the site. The site slopes gently downwards from
the A7 road towards the Scottish Borders railway. 
5. NPF4 policy 16 (Quality homes) provides locational criteria which apply to all housing
proposals. The site has not been allocated for housing in the LDP and is adjacent to, but
outside of, the settlement boundary of Gorebridge. Part f) of policy 16 describes the specific
circumstances in which support would be afforded to development proposals for new
homes on land not allocated for housing in the LDP.  These include where i. the proposal is
supported by an agreed timescale for build out; and ii. the proposal is otherwise consistent
with the plan spatial strategy and other relevant policies including local living and 20 minute
neighbourhoods.
6. The appellant has not provided specific build out timescales but explains that they
intend to develop the site over a number of years, releasing 3 to 4 houses at a time,
resulting in a total housing stock of 14 dwellings. While that would not deliver the entire site
in the short term, as a small/ medium enterprise (SME) housebuilder, I do not consider that
an unreasonable approach or to conflict with the expectations of part f) i. However, for
reasons I explain below, I find the proposal to be inconsistent with the plan spatial strategy
by proposing development outside a settlement boundary and also inconsistent with a large
number of development plan policies. Therefore, I find it does not meet part f) ii. of NPF4
policy 16.
7. Part f) iii of NPF4 policy 16 requires that proposals should align with one or more of
four specific locational criteria. The only relevant criterion in this instance is that the
proposal must be consistent with policy on rural homes as set out in NPF4 policy 17 and
LDP policy RD1.
8. LDP policy RD1 (Development in the countryside) requires proposals to evidence the
need for a countryside location. The proposal does not meet any of the criteria set out in
policy RD1 for housing in the countryside and the appellant has not advanced an argument
for the proposal on any of these criteria. I therefore find that the proposal is not supported
by LDP policy RD1 on rural homes.
9. NPF4 policy 17 (Rural homes) supports suitably scaled, sited and designed new
homes in limited circumstances. The most relevant consideration in this case would be as
set out in part (a) ii. of the policy: where a proposal would gain support where it reuses
brownfield land where a return to a natural state has not or will not happen without
intervention.
10. The site is an irregular shape with a narrow frontage to the A7. The road frontage is
bounded by a short stretch of what appears to be industrial fencing and security gates.
Apart from a small area of the site occupied by a dilapidated mobile cabin and some
hardstanding associated with part of the site’s former industrial use, the majority of the site
is covered by trees and plants.
11. I am satisfied that approximately 25% of the appeal site was previously developed as
a gas works, accommodating a gas holder station. This part of the site is capable of being
considered as brownfield and therefore draws some support from NPF4 policy 17 part a) ii,
subject to compliance with other relevant policies, including NPF4 Policy 9.  However, the
remaining 75% of the site shows no evidence of previous use. This part of the site is either
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undeveloped land or brownfield land that has returned to a natural state. As such, it can
draw no support from part a) ii of policy 17.
12. NPF4 policy 9 seeks to encourage, promote and facilitate the reuse of brownfield,
vacant and derelict land and help reduce the need for greenfield development. Part a) of
NPF4 policy 9 supports proposals that would result in the sustainable reuse of brownfield
land. However, it recognises that brownfield land that has naturalised may have biodiversity
value that could be affected by the land’s redevelopment. To establish whether the
proposed reuse would be sustainable, I must take account of the biodiversity value of the
brownfield land which has naturalised. The council describes the site as ‘successfully
returning to a natural state without intervention’. I agree that over three-quarters of the site
has been naturalised, or has never previously been developed as described above, as it
contains extensive areas of woodland and plant cover.
13. I consider the proposal by its very nature would require the removal of a substantial
amount of the existing biodiversity from the site. I noted a significant number of trees on
and surrounding the site, which is verified by the preliminary ecological assessment (PEA).
This assessment confirms the site includes ancient woodland, mixed woodland,
broadleaved parkland and scattered trees. I noted on site that the trees are not located
solely on the site boundaries, as suggested within the appeal documents, but rather that
there are numerous trees of varying maturity throughout the site that would be affected by
the proposed development. Whilst the appellant’s design and sustainability statement
confirms their intention to retain trees to boundary areas, I agree with the council that in
reality the retention of the majority of trees across the site would be incompatible with
developing 14 dwellings and associated infrastructure. In the absence of an arboricultural
report or a plan showing the locations of the existing trees to be removed or the root
protection zones of those to be retained, I consider there is a high probability that a
significant number of trees, including some that are categorised as ancient woodland,
would need to be removed. The appellant has not provided any evidence to convince me
otherwise.
14. Whilst the PEA provides information on what is existing on site, I have limited
information regarding the extent of the biodiversity that would be directly or indirectly
impacted by the proposal. Having consideration for the likelihood that a significant number
of trees and plants throughout the site would need to be removed to accommodate the
development, together with likely indirect impacts on trees and the ecology of the area, I
consider there is likely to be a significant adverse effect on biodiversity on the site. Whilst I
consider that there would be some policy support in relation to the reuse of the small area
(approximately one quarter of the site) of brownfield land that has not naturalised, in my
view this does not outweigh the likely loss to the established biodiversity across a site that
forms part of a recognised local biodiversity site.
15. I am therefore not persuaded that the proposal would constitute a sustainable reuse
of brownfield land. The proposed development would not gain policy support from NPF4
policy 9 in the circumstances of this case.
16. In summary, I find the principle of the development would not be supported by NPF4
policy 16 on quality homes or by policy 17 on rural homes. Any potential support from
policy 9 on account of the site’s brownfield status does not alter that position, given the
impact this would have on the biodiversity of the majority of the site which is not previously
developed or has naturalised. I also discuss that issue below, when I consider the potential
impacts of the development in more detail.
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17. Accordingly, I find the principle of residential development in this countryside
location is contrary to the development plan.
Effects on Temple and Arniston Conservation Area and the SLA 
18. The proposed development would be situated within the northern edge of the Temple
and Arniston Conservation Area, within a designated special landscape area (SLA) (the
South Esk Valley and Carrington SLA) and within the Gore Glen Local Biodiversity Site
(GGLBS). The site is also within the designed landscape of Arniston House. All these
designations indicate to me that the site falls within a sensitive location.
19. NPF4 policy 7 part e) requires development proposals in conservation areas to
ensure that natural and built features which contribute to the character of the conservation
area, including trees and hedges, are retained. LDP policy ENV19 does not support
development which would have an adverse effect on the character and appearance of a
conservation area. Acknowledging there is no conservation area character appraisal, it was
clear from my site inspection and from exploring this part of the conservation area that the
mature trees and established woodland are a significant part of its character and
appearance. The council highlights the site’s positive contribution to the landscape setting
of the area. As outlined above, I have no evidence that the trees that are present
throughout the site and along the boundaries could be retained if the site were developed
for 14 homes. As such I consider that direct and indirect harm to the established trees in
and around the site would be inevitable, which would cause harm to the character and
appearance of the conservation area, contrary to NPF4 policies 6 and 7 and LDP policy
ENV19.
20. With respect to the impact of the proposal on the South Esk Valley and Carrington
Farmland SLA, LDP policy ENV6 requires development proposals to only be permitted
where they would not have an adverse effect on the special landscape qualities of the area.
I note the boundary of the SLA is the A7 road to the east, and therefore the site represents
a small part of the designated area. Nevertheless, as set out in the Statement of
Importance for the SLA, the main character of this part of the SLA is dense woodland with a
high nature conservation interest. I therefore consider that the direct and indirect harm a
development of this site for 14 homes would cause to the mature trees and woodland within
and adjacent to the site, would adversely affect this special landscape quality of the SLA,
contrary to LDP policy ENV6.
Effects on biodiversity, woodlands and trees
21. NPF4 policy 6 does not support development that would result in the loss of ancient
woodlands, which are irreplaceable habitats, and does not support proposals that would
result in an adverse impact on native woodlands, hedgerows and individual trees of high
biodiversity value. LDP policy ENV11 sets out a presumption against development where it
could lead directly or indirectly to the loss of, or damage to, woodland, groups of trees and
hedges due to their amenity, nature conservation and biodiversity amongst other things. As
I have no evidence to convince me that the proposal could be developed without harm to
these important habitats, I do not consider that this is a matter that could be managed or
mitigated through planning conditions, even if I had found the principle of development to
be acceptable.
22. Most of the site is within Gore Glen Local Biodiversity Site, an important local nature
conservation site. NPF4 policy 4 part d) only supports developments in such locations
which would not have a significant adverse effect on the integrity of the area or the qualities
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for which it has been identified; or where any significant adverse effects on the integrity are
clearly outweighed by social, environmental or economic benefits of at least local
importance. LDP policy ENV14 is similarly worded in relation to locally important nature
conservation sites. 
23. The council contends this site forms an important habitat for local wildlife species
and contributes to the local green network, linking the adjoining belt of ancient woodland to
the north and the woodland habitat at GGLBS to the south. I agree the site plays an
important role in the local green network; however, I have no evidence this would result in a
significant adverse effect on the integrity of the site. I also consider there are clear social
and economic benefits of at least local importance from the construction of 14 dwellings by
a SME housebuilder and as such I consider the requirements of NPF4 policy 4 part d) and
LDP policy ENV14 are met.
24. NPF4 policy 3 part a) supports development proposals that contribute to the
enhancement of biodiversity including strengthening nature networks and connections
between them. The appellant proposes measures to increase biodiversity, such as
boundary hedges, hedgehogs’ highways and sedum roofs on the garages. Whilst this might
provide some benefit, no detailed evidence has been submitted in relation to the measures
to conserve the existing biodiversity on the site and so it cannot be determined whether the
appellant’s proposals would mitigate or compensate for any loss of existing biodiversity let
alone provide enhancement. I accept this is a planning permission in principle appeal where
some of the details could be managed through a condition. Nevertheless, given this is an
identified local biodiversity site where NPF4 and LDP policies expect the strengthening of
nature networks, not harm, I consider more detail should have been provided with the
application to demonstrate not only that there would not be unacceptable effects on
biodiversity, but that biodiversity could be enhanced in accordance with this policy
expectation.
25. In summary, in the absence of evidence that the level of development that is
proposed could be accommodated within the site without direct or indirect harm to the
ancient woodland, trees and biodiversity on the site, I must rely upon the indicative layout
that has been provided. From this, I conclude that the proposal would inevitably require
significant tree loss and would cause harm to the local biodiversity site and biodiversity in
general. Whilst there is some support from NPF4 policy 4, overall, the development would
be contrary to NPF4 policies 3 and 6 and LDP policy ENV11 and ENV14.
Protected species
26. Where there is reasonable evidence to suggest that a protected species is present
on a prospective development site or may be affected by a proposed development, NPF4
policy 4 part f) requires that steps are taken to establish its presence. It continues by
requiring the design of development and potential impacts to be fully considered prior to
determination of any application. LDP policy ENV15 refers to species, habitat protection
and enhancement and establishes the approach with respect to species protected by
European and UK law. This includes the need to provide appropriate and effective
mitigation measures.
27. The appellant’s preliminary ecological assessment (PEA) confirms there is
reasonable evidence to suggest that badgers are present in the local area, there are trees
on site suitable for nesting birds and three trees were identified as potential roost features
for bats. In the absence of details as to whether any of these trees supporting roosts or
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areas highlighted will be affected by the proposal, any necessary mitigation measures are
difficult to predict. 
28. The appellant considers the matter could be dealt with through a suitably worded
condition. In terms of nesting birds and the badger movements I agree that these are not
European protected species and these could be addressed through conditions. However, I
consider it is necessary, at least in respect of bats, which are European protected species,
for the mitigation measures to be submitted prior to determination and therefore do not
agree that a condition would be appropriate. The absence of such measures means it is not
possible to satisfy the policy 4 f) requirement that potential impacts are fully considered
prior to the determination of any application. As such, the proposal conflicts with that policy.
Effect on setting of listed building 
29. Kirkhill Lodge, adjacent to the site, is a category C listed building. NPF4 policy 7
requires development proposals to be informed by national policy and guidance on
managing change in the historic environment, whilst LDP policy ENV22 does not support
proposals which would adversely affect the setting of a listed building.
30. At my site inspection I noted the single storey lodge building is set back from the
road behind prominent gate piers, railings and walls. The lodge was originally located to
mark the entrance to the Kirkhill House estate and therefore was intended to stand alone
from other buildings. It is a building that provides a local landmark in a rural location, and a
visitor’s understanding, appreciation and experience of the building is derived from how the
lodge building relates to the road, the former driveway and its immediate surroundings,
which include the substantial mature tree coverage that extends along the former driveway
to the rear.
31. In considering the effect of the proposal on the setting of the listed building, I
acknowledge the appellant’s stated desire to retain the mature trees along their boundaries
with the lodge. However, the indicative plan layout does not demonstrate this. The
proposed dwelling on plot 14 would be positioned close to the rear of the lodge, detracting
from the listed building’s sense of relative isolation from other buildings that is a
consequence of its original design and purpose, and would not take account of the trees in
this location, which also add to the listed building’s setting. Likewise, the rear garden of
plot 13 would also appear to require the removal of mature trees close to the lodge. These
matters could potentially have been resolved through a different layout had I found the
principle of development to be acceptable, although I consider it improbable that 14 homes
could be accommodated on the site without harm to the setting of the listed building.
Scale and density 
32. NPF4 policy 14 promotes well designed development proposals. It requires
proposals to be designed to improve the quality of an area. LDP policy DEV6 sets out the
council’s requirements for the layout and design of new development.
33. The appellant maintains that as this is a planning permission in principle application,
development density is not relevant. It also contends that the density would be similar to the
allocated site to the north. However, the appellant’s stipulation of a specific quantum of
development makes the appropriateness of the proposed development density a matter for
my consideration, and the appropriateness of that density requires a site-specific
assessment.
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34. I agree with the council that the site is not suitable for the level of development that is
proposed because the indicative layout does not demonstrate that 14 dwellings and
associated infrastructure could be accommodated within the appeal site without significant
harm to existing mature trees, biodiversity on site, the character and appearance of the
conservation area, the appearance of the SLA, and the setting of the adjacent listed
building. From the available evidence, I find the proposed quantum of development would
result in an overdevelopment of the site. As such, I find the proposal to be contrary to NPF4
policy 14 and LDP policies ENV7 and ENV19.
Access and road safety 
35. The council cites concerns regarding the potentially sub-standard access and the
harm it would cause to the landscape character of the area. I agree that the provision of a
vehicular access to the required standard would increase the visual impact of the
development proposal in a prominent location at the entrance to the town. With regard to
the achievability of the required road safety standards, whilst the roads department has not
objected, it is reasonable to consider whether the required visibility splays are achievable.
The appellant confirms that the layby adjacent to the proposed entrance is controlled by a
third party. However, a suitably worded suspensive condition might have resolved this issue
had I been supportive of the principle of development.
Land contamination
36. Both the council and the appellant agree that part of the site’s previous use raises
the matter of contamination on the site. Whilst a preliminary risk assessment (phase 1 desk
study) was not submitted with the application, this has now been submitted to address the
reason for refusal. I do not consider this is a new matter, as suggested by the council and I
am satisfied that the council has had an opportunity to respond to the contents of the
document.
37. NPF4 policy 9 part c) requires proposals relating to land where it is known or
suspected to be contaminated, to demonstrate that the land is, or can be made safe and
suitable for the proposed new use. LDP policy ENV16 likewise requires development on
contaminated land to be made safe to any potential risks from prior contamination.
38. The desk-based study provided by the appellant concludes there is a low
geotechnical risk, but notwithstanding the low risk, recommends that a programme of
intrusive ground investigation and related in situ and laboratory testing is carried out. It also
recommends a series of combined gas and groundwater monitoring works. A phase 2
ground investigation report is concluded as being necessary. The appellant considers this
requirement should be attached as a condition.
39. The appellant’s own study establishes the need for additional information to
determine the extent of any contamination, and consequently the extent of works required
to make the land safe. Therefore, the extent of site contamination is unknown. Due to this
uncertainty regarding likely remediation works it is difficult for me to determine what impact
those works in themselves would have on the site, in particular whether there would be any
direct or indirect impact on the ancient woodland and mature trees within and on the
boundaries of the site. I consider this information is needed in this instance prior to
determination rather than through a condition. In the absence of details of the extent of the
contamination and any required de-contamination works, I find the proposal would not
comply with NPF4 policy 9 or LDP policy ENV16.
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Noise
40. With respect to noise, NPF4 policy 23 requires a noise impact assessment to be
submitted where the nature of the proposal or its location suggests that significant effects
are likely. LDP policy ENV18 has similar requirements. The appellant acknowledges the
sensitivity of the site due to noise sources from the A7 road to the east and the Scottish
Borders railway to the west and has submitted a noise impact assessment.
41. The noise assessment confirms that the occupiers of the proposed houses would be
significantly adversely affected by noise without mitigation measures. The assessment
recommends mitigation within the houses such as acoustic glazing and ventilation
measures but also proposes external barriers surrounding the site in both directions. The
assessment recommends that any barriers to mitigate against the noise would need to be
sizeable: 2.5 metres minimum height to the east and 3 metres in height to the west (facing
the railway).
42. I agree with the council that such barriers would further detract from the character of
the site’s countryside location, would be likely to have an indirect or direct impact on the
mature trees along the boundaries and consequently would result in harm to the character
and appearance of the conservation area. Whilst I appreciate the specific design of the
barriers is unknown at this stage, I consider that any permanent solid barriers of the scale
described would be harmful in this sensitive location.
43. Whilst the proposal could be designed to satisfactorily mitigate against noise and
meet the requirements of NPF4 policy 23 and LDP policy ENV18, I find the proposed
mitigation measures would result in harm to the conservation area and the SLA, in conflict
with NPF4 policy 7 and LDP policies ENV6 and ENV19. I ultimately agree with the council
that the requirement for significant barriers to mitigate against noise issues further indicates
the inappropriateness of this site for residential development.
Other material considerations
44. The appellant argues that the site is adjacent to a large allocated residential site,
known as Redheugh, and suggests it could be considered a natural extension to the
allocated housing site. I consider that the appeal site is materially different from the
Redheugh site, as it has not been allocated through the plan-making process, is in
designated countryside and also contains environmental designations (as discussed
above). Whilst the site is not remote, under NPF4 policy 15 in relation to local living, I
consider the proposal would result in an unplanned expansion on the edge of Gorebridge,
in conflict with the development plan’s spatial strategy and the principle of housing delivery
being plan-led.
45. I agree with the appellant that the site would provide windfall housing. The council
confirms that the last two years delivery of housing sites is under that it had anticipated.
The introduction of NPF4 removed the policy trigger that previously offered in-principle
support to a housing proposal where a shortfall in the housing land supply could be
identified. The reference that NPF4 policy 16 f) iii makes to the rate of housing delivery is
now that, housing development on land not identified for that purpose in the LDP might be
acceptable where the delivery of sites is happening earlier rather than later than
anticipated. As such, the contribution this proposal could make to the housing land supply
can draw no support from policy 16. However, this site’s ability to deliver at least some
housing within the short to medium term is, in the context of a housing emergency, a
material consideration in its favour to which I must have regard.
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46. The appellant relies heavily on the, now expired, approval (15/00335/PPP) in
April 2018 for planning permission in principle for 10 dwellings. Whilst recognising this
decision is a material consideration, that decision was made prior to the adoption of NPF4
and the introduction of policy 16 which marked a significant change in direction to the
approach to housing development proposals. As set out above, NPF4 policy 16 confirms
that housing delivery should be plan-led.
47. The appellant makes reference to the Scottish Government’s Chief Planner letters
dated 2 and 30 September 2025. I agree these letters highlight the strong role that SME
housebuilders play in developing new homes in rural locations and redeveloping brownfield
sites. The letters require decision makers to read NPF4 as a whole and I do not consider
that they contain any indication that there should be a change in housing policy.
48. I likewise agree that the declaration of a housing emergency is also a material
consideration as highlighted by the appellant. However, again, I do not accept that this in its
own right provides any justification to allow housing on an unallocated site contrary to
development plan policy.
49. I also acknowledge the need for proportionality of information in the planning process
in order that SMEs may deliver housing without an unnecessary administrative burden. I
appreciate this is a planning permission in principle appeal, however as I have found above,
there are some matters where details are required to be provided prior to the determination
in order to assess whether the proposal is acceptable in principle. The onus is on an
applicant for planning permission in principle to demonstrate how its proposal could be
developed successfully and, consequently, why the principle of development should be
supported by the decision maker.
50. The appellant makes reference to other sites that were initially refused under
delegated powers by the council and allowed by the local review body, including
permissions where some of the matters raised above have been accepted as
pre-commencement conditions. I have had regard to these, but each proposal must be
considered on its own merits and circumstances. I have considered them carefully but find
that none is such as to alter my judgement in the specific circumstances of this case.
51. The appellant raises procedural matters and argues that they have not been given
fair process by the council. This is not relevant to my assessment, and I have no remit to
consider such matters. However, in submitting their appeal, the appellant has been able to
set out their position and to make a case as to why they consider that planning permission
should be granted. I have considered all of the evidence submitted which is material to the
case and I am consequently satisfied that the procedural matters described by the appellant
have not ultimately prejudiced their position.
Conclusion
52. I recognise the positive aspects of the proposal, including the appellant’s
commitment to using high quality materials and design, sedum roofs on the standalone
garages, new specimen standard trees and the provision of a play park. I also recognise
the contribution the development would make to the supply of homes and the employment
and other socio-economic benefits that this proposed SME-built development could provide.
Nevertheless, these positive aspects do not outweigh the harm that would arise from the
proposal as a whole.
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PPA-290-2075
53. I therefore conclude, for the reasons set out above, that the proposed development
does not accord overall with the relevant provisions of the development plan and that there
are no material considerations which would still justify granting planning permission.
54. I have considered all the other matters raised, but there are none which would lead
me to alter my conclusions.
Susannah Moore
Reporter
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Planning Committee
Monday 9 March 2026
Item No 5.5
PRE - APPLICATION REPORT REGARDING HOLIDAY
ACCOMMODATION DEVELOPMENT INCLUDING COMMUNAL
FACILITIES, FORMATION OF ACCESS, LANDSCAPINNG AND
ASSOCIATED WORKS AT LAND AT DALKEITH COUNTRY PARK,
DALKEITH (24/00683/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 holiday accommodation
development including communal facilities, formation of access,
landscaping and associated works on land at Dalkeith Country Park,
Dalkeith.
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 pre-application consultation for holiday accommodation
development, including communal facilities, formation of access,
landscaping and associated works, on land at Dalkeith Country Park,
Dalkeith was submitted on 22 December 2025. The applicant is MDS
Estates Ltd.
2.3 As part of the pre-application consultation process, two public
events are proposed.  Details of the location, date and time of the
events are yet to be confirmed.  A minimum period of 14 days must
occur between the first and final consultation events and the events
must be advertised within a local newspaper at least 7 days prior to
them taking place.  Upon the conclusion of the public events the
applicant could submit a planning application for the proposal.
2.4 An applicant must wait 12 weeks from the date of submission of a PAN
before submitting a planning application.  The 12-week period will
expire on 16 March 2026.  However, all the consultation requirements
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must have been concluded before the submission of the planning
application.  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 explanation of how the applicant
took account of the views expressed and an explanation of how
members of the public were given feedback on the applicant’s
consideration of their views. 
2.5 Copies of the pre application notices have been sent by the
prospective applicant to the local elected members in Ward 3 -
Dalkeith, Dalkeith Community Council Community Council, Colin
Beattie MSP and Kirsty McNeill MSP. 
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. 
2.7 A previous pre-application consultation (24/00591/PAC) for a
comparable development, but over a larger area (41.7 hectares) of the
Country Park, was reported to Committee at its meeting of December
2024.  This pre-application consultation as ‘expired’ as a planning
application was not submitted within 18 months of the consultation. 
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 is situated within Dalkeith Country Park, an 800-
hectare estate situated at the northern edge of Dalkeith.  The Country
Park comprises the designed landscape, woodlands and farmlands
associated with Dalkeith Palace.  The application site is approximately
550m east and north-east of Dalkeith Palace.  The site is to the east
and north of Restoration Yard (a shop, cafe, restaurant and wellness
clinic situated within the converted and extended category A listed
former stables), Fort Douglas (a children’s adventure playground
situated within an area of woodland) and Go Ape (a high ropes
adventure course in woodland to the north of Fort Douglas). 
3.4 The application site measures approximately 12.6 hectares and
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comprises grassed fields to the west of Salters Road and a sloping
grass field situated on raised ground at a meander in the River South
Esk. The western area of the site is bounded to the north, west and
south by steeply sloping wooded banks of the river. There is an
additional area of woodland to the northeast of the site.  There is a
tarmacadam access road from the restoration yard to the south that
runs through the site.  The eastern boundary of the site is undefined as
is cuts through the grassed field, beyond this is a natural stone wall
and Salters Road.  The rest of the boundaries of the site are defined by
a combination of stock fencing and hedgerows. 
3.5 The relevant policies of the Midlothian Local Development Plan 2017
(MLDP) are RD4 - Country Parks; VIS2 - Tourist Accommodation;
DEV5 - Sustainability in New Development; DEV6 – Layout and
Design of New Development; DEV7 – Landscaping in New
Development; DEV9 Open Space Standards; TRAN5 – Electric
Vehicle Charging; IT1 – Digital Infrastructure; ENV1 - Protection of the
Green Belt; ENV4 - Prime Agricultural Land; ENV7 – Landscape
Character; ENV8: Protection of River Valleys; ENV9 – Flooding,
ENV10 – Water Environment; ENV14 - Regionally and Locally
Important Nature Conservation Sites; ENV15 – Species and Habitat
Protection and Enhancement; ENV20 - Nationally Important Gardens
and Designed Landscapes and ENV22 – Listed Buildings. 
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 6 - Forestry,
woodland and trees, Policy 7 – Historic Assets and Places, Policy 8 -
Green belts, Policy 14 - Design, quality and place; Policy 22 - Flood
risk and water management; Policy 29 - Rural development; and Policy
30 – Tourism. 
3.7 The views of consultees and representors will be material
considerations in the assessment of an application for the proposed
development. The site is within the Dalkeith Country Park and the
green belt which is host to a number of visitor facilities and as such
there is there is scope for tourist accommodation and associated
development to be supported within the greenbelt as long as it is
related to an existing development, is for the furtherance of a viable
long-term business and is of a character and scale that is in-
keeping with the rural setting. 
3.8 While there is some general, in principle, planning policy support for
tourism accommodation development in this location detailed
consideration will have to be given to design matters, in particular the
impact on the designed landscape, setting of listed building, site
layout, the siting, design and appearance of the holiday
accommodation and other structures, the materials used,
landscaping, impact on trees, open space, parking and access, flood
risk, biodiversity and sustainability, in order to ensure compliance with
sustainable place-making policies within the MLDP and NPF4. It will
also be necessary to consider the impact of the proposed
development on the amenity of neighbouring residents and uses, as
well as transport and active travel arrangements. 
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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 with
regard to 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 are 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 which 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 expression of a provisional view does not fetter the
Committee in its consideration of any subsequent formal planning
application. 
Peter Arnsdorf
Head of Placemaking 
Date:   25 February 2026
Application No: 25/00683/PAC
Applicant:  The MDS Estates Limited
Agent:  Andrew Munnis
Validation Date: 22 December 2024 
Contact Person: Whitney Lindsay
Email:   Whitney.Lindsay@midlothian.gov.uk
Attached Plans:  Location Plan and Overview of the Dalkeith Country Park 
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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 (2026)
Proposal of application notice for holiday
accommodation development including communal
facilities, formation of access, landscaping and
associated works.
Land at Dalkeith Country Park, Dalkeith.
File No. 25/00683/PAC
Scale 1:5000Page 93 of 94

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