Agenda Document Pack - Planning Committee - 21/01/2025
Midlothian Council · 21 January 2025
Back to Planning Committee — 21 January 2025 and its agenda
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Notice of Meeting and Agenda Planning Committee Venue: Council Chambers/Hybrid, Midlothian House, Dalkeith, EH22 1DN Date: Tuesday, 21 January 2025 Time: 13:00 Executive Director : Place Contact: Clerk Name: Democratic Services Clerk Telephone: Clerk Email: democratic.services@midlothian.gov.uk Further Information: This is a meeting which is open to members of the public. Privacy notice: Please note that this meeting may be recorded. The recording may be publicly available following the meeting. If you would like to know how Midlothian Council collects, uses and shares your personal information, please visit our website: www.midlothian.gov.uk Page 1 of 54
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1 Welcome, Introductions and Apologies 2 Order of Business Including notice of new business submitted as urgent for consideration at the end of the meeting. 3 Declaration of Interest Members should declare any financial and non-financial interests they have in the items of business for consideration, identifying the relevant agenda item and the nature of their interest. 4 Minute of Previous Meeting 4.1 Minute of Planning Committee meeting of 9 December 2024 submitted for approval 3 - 12 5 Public Reports 5.1 24/00690/PAC – Land at Charles Letts and Co Ltd, Thornybank Industrial Estate, Dalkeith 13 - 17 5.2 24/00752/PAC – Land at Old Pentland, Loanhead 18 - 26 5.3 24/00664/S42 – Land at Sheriffhall South, Dalkeith 27 - 54 6 Private Reports No items for discussion 7 Date of Next Meeting The next meeting will be held on 11 March 2025, 13:00. Page 2 of 54
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Minute of Meeting Planning Committee Date Time Venue Monday 9 December 2024 13:30 Council Chambers, Midlothian House/Hybrid Present: Councillor Imrie (Chair) Councillor Alexander (Virtual) Councillor Bowen Councillor Cassidy Councillor McCall Councillor McEwan Councillor Milligan Councillor Parry Councillor Pottinger (virtual) Councillor Russell Councillor Scott Councillor Smaill Councillor Virgo (Virtual) Councillor Winchester (Virtual) In Attendance: Peter Arnsdorf Planning, Sustainable Growth and Investment Manager Derek Oliver Chief Officer Place William Venters Legal Services Iina Jaara Team Leader, Democratic Services Louise Middleton Democratic Services Officer Maria Perez Democratic Services Officer Page 3 of 54
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1. Welcome, Introduction and Apologies The Chair welcomed everyone to the meeting of the Planning Committee. Apologies were received from Councillor McKenzie, Councillor Drummond, Councillor McManus and Councillor Curran. 2. Order of Business Order of Business as per the agenda. 3. Declarations of interest There were no declarations of interest submitted at the start of the meeting. However, during the meeting Councillor Cassidy became aware of a family interest in connection with item 5.1 in the agenda. As this item concerns a pre- application consultation, the Chair clarified it would not be necessary for Councillor Cassidy to be recused from the discussion at this stage. 4. Minutes of Previous Meetings The Minutes of the Planning Committee Meeting 29 October 2024 was submitted for approval. Councillor Scott advised that they attended the meeting on 29 October 2024, but this was not reflected in the minute. Democratic Services were asked to amend the minute accordingly. The Minutes of the Planning Commitee Meeting 29 October 2024 were approved with the amendment requested by Councillor Scott. 5. Reports Agenda No Report Title Submitted by: 5.1 Land at Dalkeith Country Park Report and Plans (24.00591.PAC) Planning, Sustainable Growth and Investment Manager Outline of Report and Summary of Discussion The Planning, Sustainable Growth and Investment Manager presented the report which advises the Planning Committee of the submission of a Proposal of Application Notice (PAN) and corresponding pre-application consultation for a holiday accommodation development including communal facilities, formation of access, landscaping and associated works at Land at Dalkeith Country Park. Page 4 of 54
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The pre-application consultation is reported to the Planning Committee to enable Elected Members to express a provisional view on the proposed major development. The pre-application was submitted on 18 September 2024 and two public consultation events have been held on 3 October and 6 November. The report outlines the planning permission regarding the development plan policies and material considerations. The Planning, Sustainable Growth and Investment Manager advised that the site is within a protected landscape and in the green belt. Dalkeith Country Park is home to a number of visitor facilities and there is scope for tourist accommodation as long as it relevant to the existing use of the site, necessary for a viable long-term business and if its style is in keeping with the rural setting. Further matters for consideration are contained in paragraph 3.8 of the report, but it is worth noting that these considerations, and the provisional views expressed by Elected Members during this Committee, are based on information available at present, and if a formal planning application is received once public consultation is concluded this will be considered separately. The Chair thanked the Planning, Sustainable Development and Investment Manager for the report and opened it up for questions. Elected Members asked for clarification on the site access noting that the exit and entrance routes are not marked on the map submitted with the report. The Planning, Sustainable Development and Investment Manager noted that the pre-application is subject to further consideration, but the developer has proposed another spur to be added to the roundabout at the junction of the A6094 and Salters Road to access the site. Elected Members noted that the proposed access is very busy during some periods of the day and asked whether another entrance to the site may be more convenient, such as the road that stems from the Sheriffhall roundabout. The Chair stated that the Local Review Board gave permission for signs to be put on the Sheriffhall roundabout to point visitors to the Dalkeith Country Park access, and suggested that the Planning, Sustainable Development and Investment Manager discuss this suggestion with the applicant. Elected Members asked about the classification of the land. The Planning, Sustainable Development and Investment Manager advised that Dalkeith Country Park is classified as special landscape area and classified as being in the countryside. The proposed development is compatible with these classifications. Page 5 of 54
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Elected Members asked if the proposed development would affect farming in the area. The Planning, Sustainable Development and Investment Manager confirmed there is some agricultural land within Dalkeith Country Park. Farming will cease on the areas identified for the proposed development, but the tourist accommodation is planned to fit along the other activities proposed at Dalkeith Country Park. Elected Members also noted that access to Dalkeith Country Park was discussed as part of a prior planning application, and that the estate owner appeared amenable to opening access through the estate wall to allow visitors to go into Dalkeith Country Park while avoiding Musselburgh Road. Although controversial this would be a solution to public access. Due to Dalkeith Country Park being a protected area and home to some A-listed buildings this would need to be done carefully to preserve the Dalkeith State. Elected Members also noted that the area could have archaeological importance and stressed that these two factors are considered if the proposal progresses to a planning application. Elected Members were content with the details provided in the provisional planning application, and gave the provisional view that the matters raised during the discussion can be explored further if and when a planning application is received. Decision The Planning Committee noted the Proposal of Planning Application Land at Dalkeith Country Park Report and Plans (24.00591.PAC). Action Planning, Sustainable Development and Investment Manager. Agenda No Report Title Submitted by: 5.2 Land At Junction of The A701 and Pentland Road, Loanhead Appeal Decision and Decision (21.00958.PPP) Planning, Sustainable Growth and Investment Manager Outline of Report and Summary of Discussion The Planning, Sustainable Growth and Investment Manager presented the report for noting. The purpose of the report is to advise the Committee of an appeal decision regarding an application for planning permission in principle for a mixed-use development of residential and non-residential use at the junction of the A701 and Pentland Road, Old Pentland, Loanhead. Planning application was refused by the Committee at its meeting of 30 August 2022. The applicant submitted an appeal on 28 November 2022 and a Scottish Page 6 of 54
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Government reporter was appointed to determine the appeal. The appeal was not upheld and planning permission by appeal was refused by the reporter. The report sets out decision and section 3 in the report states the key findings from the appeal decision for Elected Members to consider. Decision The Planning Committee noted that the appeal concerning planning permission (Land at Junction of the A701 and Pentland Road, Loanhead (21.00958.PPP) and upheld the decision of the Planning Commitee meeting of 30 August 2022 to refuse planning permission. Action Planning, Sustainable Growth and Investment Manager Agenda No Report Title Submitted by: 5.3 Salters Park, Dalkeith BESS Report and Plans (24.00537.S36) Planning, Sustainable Growth and Investment Manager Outline of Report and Summary of Discussion The Planning, Sustainable Growth and Investment Manager presented the report which advises the Committee of a consultation request from the Scottish Government’s Energy Consents Unit (ECU). The consultation relates to an application under Section 36 of the Electricity Act 1989 for consent to construct and operate an electricity generating station, specifically a Battery Energy Storage System (BESS) with a capacity of 200MW and associated works at Salters Park, Salters Road, Dalkeith. The report outlines the proposal, site and procedures relevant to the determination of the application. It was noted this is an application to be determined by the ECU, and Midlothian Council is a consultee rather than the determining authority but Midlothian Council is invited to make comment on this application. Most of the site is identified in the Midlothian Local Development Plan as a site for strategic employment land allocated to industrial and business purposes but it also extends into the green belt. The proposed development comprises 168 storage containers of lithium-ion batteries spread across four compounds. The compounds are hard surfaced and enclosed with a three-meter-high fence and each compound includes a firewater tank. High voltage buried cables are expected to link the station to the Scottish Power and the existing access track will also be upgraded, with Page 7 of 54
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surface water draining collected in an attenuation pond. Landscaping will be carried out around the perimeter of the site. The Planning, Sustainable Growth and Investment Manager noted that the proposal does not comply with the allocated use classes but there are no allocated sites for a battery storage facility. However, the National Planning Framework 4 is supportive of the development as a BESS will add flexibility and resilience to the electricity network and it is a sustainable solution that will fight the climate crisis There have several consultation responses undertaken by the Council Planning service, and ECU has also consulted a range of key agencies, which are set in report. Other parties and interested individuals can submit comments to the ECU. The recommendation is that the Planning Authority confirms to the ECU it does not oppose the project subject to conditions. Elected Members voiced serious concerns about the proposed site being near a cluster school campus which houses 2,500 children and young people, some of which have additional support needs. While this site has been the subject of several planning applications that have been withdrawn, and it is vacant now, there are concerns about the potential fire risk. Elected Members stated that they would not be averse to a BESS being housed in Midlothian, but that due to the concerns expressed above another location would be preferable. The Planning, Sustainable Growth and Investment Manager reminded Elected Members that Midlothian Council is not the applicant and determining body for this application. The Scottish Fire and Rescue Service and the Health and Safety Executive have been consulted as part of this application and have either already provided or will provide information to the ECU. Elected Members shared information obtained from Merseyside Fire and Rescue Service through a Freedom of Information Request. This concerns an incident that took place on 17 March 2022 where a malfunction in a remotely managed BESS facility led to an explosion and a large-scale fire. As well as the very limited time for evacuation of such a large number of pupils, the Elected Member noted that during a fire the cells can emit a number of toxic vapours which can be particularly harmful to the pupils in Saltersgate school as many have complex medical needs. A further concern is that there is a high-pressure gas pipe underneath the site, and a Coal Authority report that confirms there are coal mining features present at the surface and shallow depth. This poses additional risks to public safety in the event of a fire. While there are water tanks and a pond which can be used in case of an emergency, Elected Members noted this would likely be an electric fire and it is not clear if water is the most appropriate way to deal with this. A complaint against the application noted that there was a lack of public engagement of parents, carers and Parent Councils as well as Community Councils. Elected Members also expressed concern that the ECU has not yet received a response from Page 8 of 54
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the Scottish Fire and Rescue Service. There is also no indication about the potential blast radius or on how the school campus or nearby housing states could be evacuated in the event of an emergency. The Planning, Sustainable Growth and Investment Manager advised that the consultation is still not complete and organisations who have not yet responded, like the Scottish Fire and Rescue Service, are expected to respond shortly and provide expert advice on the matter. Elected Members highlighted that this lack of expert insight is worrying and suggested that Midlothian Council should raise concerns with the ECU based on the concerns linked with the proposed location. The Planning, Sustainable Growth and Investment Manager clarified that Midlothian Council can decide in terms of objecting or not objecting to the project. Elected Members asked whether it may be possible to identify a different site given that the Committee’s objections involve the chosen location rather than the nature of the application. The Planning, Sustainable Growth and Investment noted that the site has been chosen due to it providing ease of access to the network on the other side of the A68. Elected Members noted in the future it would be helpful to allocate sites for BESS in the Local Development Plan as these are relevant to a Net Zero Energy Strategy. Unfortunately, when the current Local Development Plan was discussed the need for BESS could not be foreseen. Elected Members also pointed out that although BESS are a necessary infrastructure, the application is for the lithium-ion type of battery whereas more modern battery technologies that are in development like sodium-ion will pose less safety concerns and have a lesser environmental impact than lithium mining. The Chief Officer Place noted that as civil contingency first responders, the Local Authority is entitled to comment on the emergency response plans for the proposed site. Emergency response plans work with emergency partners and cover the operation and maintenance, decommissioning and emergency scenarios, including firefighting strategies for an establishment like a BESS. As first responders the Local Authority can also be involved in proposing alternative sites. Elected Members reiterated their concerns about the risk posed by the proposed location of the site but that they would be open to finding a suitable site in Midlothian. The Chair suggested that given Elected Members’ reservations the Committee would write the ECU to share the concerns voiced by the Planning Committee to the Section 36 application because of its proposed location, and also include the comments made by the Local Authority representatives in their role as first responders and coordinators of emergency response plans. Decision Page 9 of 54
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The Planning Committee to contact the ECU and express concerns to the Section 36 planning application for the Battery Energy Storage System at Salters Park, Dalkeith (24.00537.S36). Action The Planning, Sustainable Growth and Investment Manager. Agenda No Report Title Submitted by: 5.4 Upper Dalhousie, Bonnyrigg Areas A & B Report and Plan (18.00082.S42) Planning, Sustainable Growth and Investment Manager Outline of Report and Summary of Discussion The Planning, Sustainable Growth and Investment Manager presented the report. They detailed that this is a Section 42 application report seeking planning permission to amend conditions 2 and 3 of planning permission 06/00689/FUL to extend the restoration periods of the two extraction areas Upper Dalhousie, Bonnyrigg. The application is accompanied by an Environmental Impact Assessment (EIA) Report which has been submitted in terms of the EIA (Scotland) (Regulations) 2011. Proposed changes are listed in section 3 of report. The completion of site works, and restoration will be completed by 31 December 2030 rather than the provisional date of 31 December 2024 as granted in 2009. At its meeting in August 2018 the Committee approved the application subject to conditions and the developer demonstrating sufficient financial provision to complete the restoration works should the operator not be able to complete said restoration. As the applicant has demonstrated this provision this requirement has been fulfilled. The application has not been otherwise changed, and as there is continued demand for sand it would be sensible to grant permission to continue extraction from this site. There have been 11 consultation responses, but no representations received. The overall recommendation is to grant planning permission subject to conditions. The Chair thanked the Planning, Sustainable Growth and Investment Manager for the report. No questions or objections were raised, and the Commitee granted the Section 42 planning application subject to the conditions specified in the report. Page 10 of 54
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Decision The Planning Commitee granted the Section 42 planning application subject to the conditions specified in the report. Action The Planning, Sustainable Growth and Investment Manager Agenda No Report Title Submitted by: 5.5 Upper Dalhousie, Bonnyrigg Areas C Report and Plans (18.00081.DPP) Planning, Sustainable Growth and Investment Manager Outline of Report and Summary of Discussion The Planning, Sustainable Growth and Investment Manager presented the report. This application seeks planning permission to extend the area of extraction and processing onto land to the south/southwest of the existing operational area at Upper Dalhousie, Bonnyrigg Area C for a period of 10 years. Area C is similar to the other 2 areas in the quarry and was also subject to the developer demonstrating financial provision to restore the site. Current phases of the site have operated with limited environmental concerns and as there is continued demand for sand it is sensible to grant permission to continue extraction from this site and extending it as needed. There have been 11 consultation responses received but no representations received so the recommendation is to grant planning permission subject to the conditions specified in the report. The Chair thanked the Planning, Sustainable Growth and Investment Manager for the report and opened it up for questions. Elected Members noted that the Scottish Environment Protection Agency (SEPA) had not expressed any concerns about removing a large amount of soil volume below the water table but wondered if there are any long-term environmental impacts from Page 11 of 54
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the proposed work. The Planning, Sustainable Growth and Investment Manager advised that although additional onsite provision needs to be put in place to manage the water table there is no long-term impact expected. The Planning Commitee agreed to grant planning permission to the application subject to the conditions specified in the report. Decision The Planning committee agreed to grant planning permission to application (24/00411/DPP) subject to the conditions specified in the report. Action The Planning, Sustainable Growth and Investment Manager 6. Private Reports No items for discussion. 7. Date of Next Meeting The next meeting will be held on Tuesday 21 January 2025 at 13.00 The meeting ended at 14.15. Page 12 of 54
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PLANNING COMMITTEE TUESDAY 21 JANUARY 2025 ITEM NO 5.1 PRE - APPLICATION REPORT REGARDING RESIDENTIAL DEVELOPMENT (CLASS 9 – HOUSES AND SUI GENERIS – FLATS) WITH ASSOCIATED CAR PARKING, CYCLE PARKING, ACCESS, LANDSCAPING AND INFRASTRUCTURE WORKS AT CHARLES LETTS AND CO LTD, THORNYBANK INDUSTRIAL ESTATE, DALKEITH (24/00690/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 residential development (Class 9 - Houses and Sui Generis - Flats) with associated car parking, cycle parking, access, landscaping and infrastructure works at Charles Letts and Co Ltd, Thornybank Industrial Estate, 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 residential development (Class 9 - Houses and Sui Generis - Flats) with associated car parking, cycle parking, access, landscaping and infrastructure works at Charles Letts and Co Ltd, Thornybank Industrial Estate, Dalkeith was submitted on 31 October 2024. The applicant is the FLB Group Limited. 2.3 As part of the pre-application consultation process, a public event was held at Charles Letts and Co Ltd, Thornybank Industrial Estate, Dalkeith on 4 December 2024. A second event is scheduled for 22 Page 13 of 54
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January 2025 at the Dalkeith Miners Club. The events were advertised via the Midlothian Advertiser (at least 7 days prior to the event). The applicant has also created a dedicated website which provides further information on the proposed development, a copy of the consultation boards used at the public event, a contact email address and phone number for members of the public who want to get in contact for further information or enquiries. Upon the conclusion of the public events/engagement 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 earliest date that the planning application for this proposal could be submitted is 23 January 2025. 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, an 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, the Dalkeith Community Council, the local MP and the local MSP(s). 2.6 It is reasonable for an Elected Member to attend one of the events without a Council planning officer present, but the Member should (in accordance with the Commissioner’s guidance reported to the Committee at its meeting in August 2022) not offer views, as the forum for doing so will be at meetings of the Planning Committee. 3 PLANNING CONSIDERATIONS 3.1 In assessing any subsequent planning application, the main planning issue to be considered in determining the application is whether the proposed development complies with development plan policies unless material planning considerations indicate otherwise. The views of consultees and representors will be material considerations in the assessment of an application for the proposed development. 3.2 The development plan is comprised of National Planning Framework 4 (2023) and the Midlothian Local Development Plan (2017). 3.3 The application site covers an area of approximately 3.7 hectares, consisting of the existing industrial unit, parking areas and landscaping. The application site is situated in the northeast of Dalkeith and is bound by the Thornybank Industrial Estate access road and the B6414. There are retail units to the north and west, an area of green space to the southwest and residential dwellings to the south, east, northeast and northwest. Further north of the site is Woodburn Primary School Page 14 of 54
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and the Dalkeith Schools Campus as well as another area of green space. 3.4 The relevant policies of the Midlothian Local Development Plan 2017 (MLDP) are STRAT1 – Committed Development; STRAT2 – Windfall Housing Sites; STRAT5 – Strategic Employment Land Allocations; DEV2 - Protecting Amenity within the Built-Up Area; DEV3: Affordable and Specialist Housing; DEV5: Sustainability in New Development; DEV6: Layout and Design of New Development; DEV7: Landscaping in New Development; ECON1: Existing Employment Locations; TRAN5: Electric Vehicle Charging; IT1: Digital Infrastructure; ENV10: Water Environment; IMP1: New Development; IMP2: Essential Infrastructure Required to Enable New Development to Take Place and IMP3: Water and Drainage. 3.5 The relevant Policies of National Planning Framework 4 (NPF4) are Policy 1 - Tackling the climate and nature crises; Policy 2 - Climate mitigation and adaptation; Policy 3 - Biodiversity; Policy 13 - Sustainable Transport; Policy 14 - Design, quality and place; Policy - 15 Local Living and 20 minute neighbourhoods; Policy 16 - Quality homes; Policy 18 - Infrastructure first; Policy 22 - Flood risk and water management and Policy 26 - Business and industry. 3.6 The site is designated as part of the established economic land supply (known as site e10 in the MLDP) and as such there is a presumption against the loss of this important economic allocation, particularly to non-employment generating activities such as housing. The proposed housing use would be contrary to development plan policy and place an additional burden of local infrastructure and services without identified mitigation. If the Council is minded to support housing on the site in the future it would be more appropriate to consider allocating the site for such a use as part of the MLDP review (MLDP2). Detailed consideration will therefore have to be given to the justification for the loss of economic land. 3.7 With regards to the residential development proposal itself, detailed consideration will have to be given to design matters. In particular, the site’s relationship to the surrounding area, its layout, scale and materials used. There must also be important emphasis placed on the sustainability of the development and its impact on the climate crisis. It will also be necessary to consider the impact of the proposed development on the amenity of neighbouring residents and other land uses, the local road/transport infrastructure and active travel arrangements. 4 PROCEDURES 4.1 The Scottish Government’s Guidance on the Role of Councillors in Pre-Application Procedures provides for Councillors to express a ‘without prejudice’ view and to identify material considerations Page 15 of 54
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regarding a major application. 4.2 The Committee is invited to express a ‘without prejudice’ view and to raise any material considerations which they wish the applicant and/or officers to consider. Views and comments expressed by the Committee will be entered into the minutes of the meeting and relayed to the applicant for consideration. 4.3 The Scottish Government’s Guidance on the Role of Councillors in Pre-Application Procedures advises that Councillors 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 Planning, Sustainable Growth and Investment Manager Date: 10 January 2025 Application No: 24/00690/PAC Applicant: FLB Group Limited Agent: Ryden Validation Date: 31.10.2024 Contact Person: Jack Wilson Email: Jack.Wilson2@midlothian.gov.uk Attached Plan: Location Plan Page 16 of 54
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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 (2024) Proposal for application notice for residential development (class 9 - houses and sui generis - flats) with associated works. Charles Letts and Co Ltd, Thornybank Industrial Estate, Dalkeith, EH22 2NE. File No. 24/00690/PAC Scale 1:1817Page 17 of 54
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PLANNING COMMITTEE TUESDAY 21 JANUARY 2025 ITEM NO 5.2 PRE - APPLICATION REPORT REGARDING A MIXED-USE DEVELOPMENT INCLUDING RESIDENTIAL, EMPLOYMENT, COMMERCIAL AND RETAIL USES AT OLD PENTLAND, LOANHEAD (24/00752/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 a mixed-use development including residential, employment, commercial and retail uses at Old Pentland, Loanhead. 1.2 The pre-application consultation is reported to Committee to enable Councillors to express a provisional view on the proposed major development. The report outlines the proposal, identifies the key development plan policies and material considerations and states a provisional without prejudice planning view regarding the principle of development. 2 BACKGROUND 2.1 Guidance on the role of Councillors in the pre-application process, published by the Commissioner for Ethical Standards in Public Life in Scotland, was reported to the Committee at its meeting of 30 August 2022. The guidance clarifies the position regarding Councillors stating a provisional view on proposals at pre-application stage. 2.2 A Proposal of Application Notice (PAN) detailing the pre application consultation for a mixed-use development including residential, employment, commercial and retail uses at Old Pentland, Loanhead was submitted on 4 December 2024. 2.3 As part of the pre-application consultation process, two public events have been scheduled. The first event is scheduled (at the time of drafting the report) to take place on 16 January 2025 at Midlothian Snowsports Centre. The second event is scheduled for 12 March 2025 at Loanhead Leisure Centre and Pool. 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 Page 18 of 54
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on 27 February 2025, however as the second public event is scheduled for after that date the earliest date that a planning application for the proposal could be submitted is 13 March 2025. The subsequent planning application must be accompanied by a Pre-Application Consultation Report detailing the consultation undertaken, a summary of written responses and views expressed at the public events, and an explanation of how 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 notice have been sent by the applicant to the local elected members in Ward 4 (Midlothian West) and the Damhead and District Community Council and Loanhead and District Community Council. 2.6 It is reasonable for an Elected Member to attend one of the events without a Council planning officer present, but the Member should (in accordance with the Commissioner’s guidance reported to the Committee at its meeting in August 2022) not offer views, as the forum for doing so will be at meetings of the Planning Committee. 3 PLANNING CONSIDERATIONS 3.1 In assessing any subsequent planning application the main planning issue to be considered in determining the application is whether the proposed development complies with development plan policies unless material planning considerations indicate otherwise. The views of consultees and representors will be material considerations in the assessment of an application for the proposed development. 3.2 The development plan is comprised of National Planning Framework 4 (2023) and the Midlothian Local Development Plan 2017 (MLDP). Section 24(3) of the Town and Country Planning (Scotland) Act 1997 states that where there is an incompatibility between the provisions of the National Planning Framework and the provisions of a local development plan whichever of them is the later in date is to prevail. At present this means that where there is an incompatibility NPF4 takes precedence, this will change when a new local development plan is adopted. 3.3 The site measures approximately 44 hectares and is situated to the west of Loanhead. The site comprises agricultural fields, a former landfill site, an agricultural steading, Old Pentland Cemetery, and stretches of adopted roadway. The site is bounded to the east by the Straiton Commercial Hub and the Pentland Park residential park home site, to the south by agricultural land, to the west by agricultural land, smallholdings, and by Cameron Wood and to the north by agricultural land, Straiton Bing, industrial land, and a drive-through restaurant. There are some residential properties adjoining the site in the vicinity of the Old Pentland settlement. 3.4 The site has multiple allocations within the Midlothian Local Development Plan 2017 (MLDP). This includes mixed-use development as a strategic Page 19 of 54
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employment land site within the eastern part of the site, a use specific allocation for a mixed-use development anchored by a film and TV studio within the southern part of the site, and other more restrictive MLDP allocations within the northern, western and southern parts of the site (including green belt, prime agricultural land and road safeguarding). 3.5 The relevant policies of the National Planning Framework 4 (NPF4) are: • Policy 1 Tackling the climate and nature crises • Policy 2 Climate mitigation and adaptation • Policy 3 Biodiversity • Policy 4 Natural Places • Policy 5 Soils • Policy 6 Forestry, woodland and trees • Policy 7 Historic Assets and Places • Policy 8 Green belts • Policy 9 Brownfield, vacant and derelict land and empty buildings • Policy 12 Zero Waste • Policy 13 Sustainable Transport • Policy 14 Design, quality and place • Policy 15 Local living and 20-minute neighbourhoods • Policy 16 Quality homes • Policy 18 Infrastructure first • Policy 19 Heat and cooling • Policy 20 Blue and green infrastructure • Policy 21 Play, recreation and sport • Policy 22 Flood risk and water management • Policy 23 Health and Safety • Policy 26 Business and Industry • Policy 27 City, town, local and commercial centres • Policy 28 Retail 3.6 The relevant policies of the Midlothian Local Development Plan (MLDP) are: • STRAT1 – Committed development • STRAT3 – Strategic Housing Land Allocations • STRAT5 – Strategic Employment Land Allocations • DEV1 – Community Identity and Coalescence • DEV2 – Protecting Amenity within the Built-Up Area • DEV3 – Affordable and Specialist Housing • DEV4 – Residential Park Homes • DEV5 – Sustainability in New Development • DEV6 – Layout and Design of New Development • DEV7 – Landscaping in New Development • DEV9 – Open Space Standards • ECON1 – Existing Employment Location • ECON4 – Economic Development Outwith Established Business and Industrial Sites Page 20 of 54
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• TRAN1 – Sustainable Travel • TRAN2 – Transport Network Interventions • TRAN5 – Electric Vehicle Charging • IT1 – Digital Infrastructure • TCR2 – Location of New Retail and Commercial Leisure Facilities • ENV1 – Protection of the Green Belt • ENV2 - Midlothian Green Network • ENV4 – Prime Agricultural Land • ENV7 – Landscape Character • ENV9 – Flooding • ENV10 – Water Environment • ENV11 – Woodland, Trees and Hedges • ENV15 – Species and Habitat Protection and Enhancement • ENV16 – Vacant, Derelict and Contaminated Land • ENV17 – Air Quality • ENV18 – Noise • ENV22 – Listed Buildings • ENV25 – Site Assessment, Evaluation and Recording • NRG5 Heat Supply Sources and Development with High Heat Demand • NRG6 – Community Heating • WAST5 Waste Minimisation and Recycling in New Developments • IMP1 – New Development • IMP2 – Essential Infrastructure Required to Enable New Development to Take Place • IMP3 – Water and Drainage 3.7 The views of consultees and representors will be material considerations in the assessment of an application for the proposed development. The Council’s Learning Estate Strategy 2017-2047 will also be a material consideration in the assessment of an application for the proposed development as it includes a residential component. 3.8 As outlined above, the site is subject to multiple allocations within the MLDP including the following with regard the eastern part of the site: 1) Mixed-use development allocation Site Ec3 West Straiton (allocation subject to various site specific requirements); 2) Employment uses - as a Strategic Employment Land Allocation under MLDP policy STRAT5; and 3) New Retail and Commercial Leisure uses - under MLDP policy TCR2. A proposal involving mixed-use development on land covered by the above policy allocations (measuring approximately 14.5 hectares) would accord, in principle, with the corresponding policy objectives subject to the phasing of the development complying with the delivery of the re- aligned A701 and the master-planning of this area of the site in conjunction with land to the north. Page 21 of 54
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3.9 The southern part of the site is subject to a use specific allocation (Mx1) relating to an individual (now historical) planning application for planning permission in principle for a mixed-use development comprising; film and tv studio including backlot complex; mixed employment uses (retail/office/commercial); hotel; gas and heat power plant/energy centre; film school and student accommodation; studio tour building; earth station antenna and associated infrastructure including car parking; SUDS features and landscaping. The Scottish Ministers decision on the application made clear that the proposal warranted support due to its unique circumstances, but the principle of allowing any other development on the site would not necessarily be supported because of planning policy restrictions. Due to a land tenancy dispute the proposal could not be implemented and the permission has now lapsed. 3.10 The northern, western and southern parts of the site are covered by the following MLDP allocations: 1) Road safeguarding - as a transport network intervention and road safeguarding for the realignment of the A701 under MLDP policy TRAN2; 2) Green belt - under MLDP policy ENV1; and 3) Prime agricultural land - under MLDP policy ENV4. The proposed development within the northern, western and southern parts of the site (29.5 hectares) would be contrary to MLDP policy objectives to retain the openness and rural character within the green belt. Residential development in this part of the site would be contrary to policies relating to windfall housing. It could also prevent the delivery of strategic infrastructure within this location. Site Specific Requirements - Site Ec3 3.11 There are various site-specific policy requirements associated with the future development of Site Ec3 as outlined below: a) Acceptable Uses – The MLDP states a range of potential uses which are deemed to be acceptable within Site Ec3, including; retail, hotel, office, commercial leisure and housing. Any future application would be required to include a suitable mix of uses and must not be dominated by competing, unrelated, uses that are not contemplated by the above policy designation. b) Masterplan - The site must be masterplanned to establish the development layout, access arrangements, mix of uses and landscaping/open space and include the provision to safeguard amenity for the adjacent residential properties. It should also consider the Damhead and District Neighbourhood Plan 2015-2030, the Damhead and District Local Place Plan and the Loanhead Neighbourhood Plan Review as material considerations. Accordingly, a masterplan covering Site Ec3 should be required prior to any future application being supported. Page 22 of 54
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c) Strategic Transport Infrastructure - Development is dependent on the construction of the A701 Relief Road between the A720 Straiton Junction and the A703, to link to the A702. Development associated with any future application would therefore be contingent upon approval and implementation of the above strategic transport infrastructure. d) Park & Ride - The site must retain a park and ride facility, equivalent to the current provision. Should the park and ride facility be amended/removed, any future application must include replacement provision of equal of greater capacity. e) Visual Impact - Consideration of the site’s elevated nature and the potential visual impacts from Edgefield relief road must be considered. Any future application will be required to include a suitable Landscape and Visual Impact Assessment to address landscape and visual impact matters. f) Ground Stability and Contamination - The site has ground stability and contaminated land issues which will need to be addressed and may result in parts of the site not being suitable for development. As such, any future application, and corresponding masterplan, will be required to consider the suitability of future development areas mindful of this requirement. g) Significant Landscaping - The western boundary of the site bordering the A701 Relief Road should include significant landscaping including a 30m wide (mounded) woodland belt along the northern through western to south-western boundaries. A 10m wide hedgerow with trees is also required along the current A701. Path links should be provided with trees, hedges, swales or other green space to link across the site. Distributor roads should have avenue trees, paths and swales. A comprehensive landscaping strategy and an appropriate landscaping hierarchy within the corresponding masterplan will also be required. h) Education Infrastructure - Should the site include residential development, there will be a requirement for additional capacity to be provided for primary/secondary education. Suitable contributions and a deliverable education solution will therefore be required to ensure that adequate education infrastructure provision is made. i) Design Quality - Due to the importance of the site as the Midlothian Gateway, there is a requirement for it to be developed to a ‘very high quality of design’, layout and landscaping. Accordingly, any future application and masterplan will be required to demonstrate how the highest standard of design has been included within the relevant design parameters and how any future proposal would create a detailed design of the highest quality. j) Archaeology - The setting of adjacent listed buildings (Old Pentland Church) will be required to be considered. As such, consideration of Page 23 of 54
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potential impacts on direct and indirect cultural heritage assets will be required to accompany any future application. 3.12 In addition to the principle of development and site-specific requirements above, consideration will also have to be given to placemaking and design matters. This includes layout, siting, design, appearance, materials, landscaping and (for residential uses) amenity requirements relating to building setbacks and garden sizes to accord with sustainable placemaking policies in NPF4 (i.e. Policies 14, 15, 16 and 21) and the MLDP (i.e. Policies DEV2, DEV3, DEV5, DEV6, DEV7 and DEV9). 3.13 Should residential uses be included within the proposed mixed-use development, the Council’s Learning Estate Strategy will be a material consideration. This has been informed, in part, by the location and level of development outlined in the MLDP and Housing Land Audits. With respect to the site, a suitable education solution will be required to accommodate associated need from the proposed development. If a suitable education solution can be identified this could potentially be delivered through developer contributions. 3.14 Overall, there isn’t policy support for a mixed-use development within the site based on the application boundary submitted with this pre application consultation. Specifically, the site extends significantly into land allocated as green belt and safeguarded for future transport infrastructure within the MLDP. It could therefore compromise strategic aspirations requiring the protection of the green belt and to facilitate the delivery of strategic transport infrastructure. Moreover, prior to support for any future development, a comprehensive masterplan covering the full extent of Site Ec3 requires to be approved. 3.15 It must be acknowledged that a red line boundary within a pre-application consultation application usually represents the maximum extent of any forthcoming planning application. Therefore, should the red line boundary for any future application be reduced - limited solely to the Ec3 allocation boundary - any corresponding mixed-use development could potentially be supported, in principle, subject to compliance with the above site-specific policy requirements in relation to masterplanning and strategic transport infrastructure. 3.16 Notwithstanding this, and prior to any potential support, developer contributions and planning conditions would be required to be secured towards infrastructure including: road infrastructure improvements (i.e. A701 Relief Road, A702 Link Road), strategic cross-boundary transport infrastructure (under MLDP policy TRAN2 and in line with Transport Scotland’s requirements as trunk road operator), access and junction improvements (including footpaths and cycleways), education provision, structural landscaping, open space and green networks, water and drainage infrastructure, equipped children’s play provision and adequate affordable housing provision (at least 25% of units). Page 24 of 54
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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 be expected to approach their decision-making with an open mind in that they must have regard to all material considerations and be prepared to change their views that they are minded towards if persuaded that they should. 5 RECOMMENDATION 5.1 It is recommended that the Committee notes: a) the provisional planning position set out in this report; b) that any comments made by Members will form part of the minute of the Committee meeting; and c) that the expression of a provisional view does not fetter the Committee in its consideration of any subsequent formal planning application. Peter Arnsdorf Planning, Sustainable Growth and Investment Manager Date: 10 January 2025 Application No: 24/00752/PAC Applicant: Cala Homes/Allanvale/Yeoman McAllister Architects Agent: None Validation Date: 4 December 2024 Contact Person: Graeme King Email: graeme.king@midlothian.gov.uk Attached Plan: Location plan Page 25 of 54
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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 Indicative Route of New Road 24/00752/PAC Site Boundary LDP Site Mx1 LDP Site Ec3 Midlothian Council Licence No. AC0000811376 (2025) Proposal of application notice for mixed use development including residential, employment, commercial and retail uses. Old Pentland Loanhead File No. 24/00752/PAC Scale 1:8500Page 26 of 54
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PLANNING COMMITTEE TUESDAY 21 JANUARY 2025 ITEM NO 5.3 SECTION 42 APPLICATION 24/00664/S4 TO AMEND CONDITION 11 (ARCHAEOLOGICAL WORKS) AND CONDITION 33 (PHASING OF DRIVE- THROUGH COFFEE SHOP) IMPOSED ON A GRANT OF PLANNING PERMISSION 21/00982/PPP FOR ERECTION OF BUSINESS UNITS AND DRIVE THROUGH COFFEE SHOP AT LAND AT SHERIFFHALL SOUTH, MELVILLE GATE ROAD, DALKIETH Report by Chief Officer Place 1 SUMMARY OF APPLICATION AND RECOMMENDED DECISION 1.1 In March 2023 planning permission was granted for a hybrid application comprising a detailed application for the erection of 24 business (Class 4) units spread across 5 blocks with a total floorspace of 4257 sqm; a drive-through coffee shop; with associated car parking, access roads and drainage infrastructure; and an application for planning permission in principle for a further three Class 4 plots all situated on land to the south of Sheriffhall roundabout. The current application seeks to amend condition 11, to identify areas of the site where archaeological investigation has already taken place, and condition 33, to reduce the scale of development required before the drive-through coffee shop can be opened. 1.2 There have been no representations and consultation responses from Network Rail and Transport Scotland. 1.3 The relevant development plan policies are policies 1, 2, 3, 4, 5, 6, 7, 8, 12, 13, 14, 18, 20, 22, 23, 26 and 27 of the National Planning Framework 4 (NPF4) and policies STRAT1, DEV5, DEV6, DEV7, ECON1, TRAN2 TRAN5, ENV1, ENV2, ENV4, ENV6, ENV9, ENV10, ENV11, ENV15, ENV20, ENV25, IMP1, IMP2 and IMP3 of the Midlothian Local Development Plan 2017 (MLDP). 1.4 The recommendation is to grant planning permission subject to conditions and amending the legal agreement which secures developer contributions towards necessary infrastructure. 2 LOCATION AND SITE DESCRIPTION 2.1 The site is located to the northwest of Dalkeith on agricultural land to the south of Sheriffhall roundabout. The site measures 8.5 hectares. Page 27 of 54
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The land within the site comprises an arable field and an area of woodland. A high voltage power line passes north to south across the western portion of the site. 2.2 The main part of the site is located at the southern side of the site with a northern spur extending along the eastern edge of the site. The site is bounded to the southwest by Gilmerton Road (B6392) and by Melville Gate Road to the southeast. The main site is bounded to the west by the A7 and to the north by a 70m wide belt of woodland. The northern spur is bounded to the west by a leftover portion of arable field and the eastern edge of the belt of woodland. The northern edge of the site is bounded by the embankment supporting Old Dalkeith Road (A6106). 2.3 The site is situated to the northeast of the Dobbies roundabout on the A7 where Gilmerton Road crosses the A7. The immediate surroundings to the roundabout have accommodated various new developments over the past 40 years. To the southwest of the roundabout is the Dobbies Garden Centre with associated plant nursery and offices; and the Melville Inn and its associated hotel. To the northwest of the roundabout is the Elginhaugh Farm pub/restaurant. The land to the northwest (including the Elginhaugh Farm), northeast (including some of the application site) and to the southeast of the roundabout are all included within an allocated economic land supply site (e32) with a combined area of 11.5 hectares. The site is allocated for Class 4 (Business) use. The Dobbies site does not form part of the allocation. The allocated land and the Dobbies site are all within the green belt. 3 PROPOSAL 3.1 The application is made under Section 42 of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc. (Scotland) Act 2006 and the Planning (Scotland) Act 2019) (hereafter referred to as the Act), is to amend the wording of conditions 11 and 33 of planning permission 21/00982/PPP. Condition 11 currently reads as follows: Development shall not commence on the detailed planning permission until the applicant has undertaken and reported upon a programme of archaeological (Trial Trench Evaluation) work in accordance with a written scheme of investigation which has been submitted by the applicant (or their agent) and approved by the planning authority. 3.2 It is proposed that the condition be amended to read as follows: With the exception of any works within Zone A as shown on Drawing SMEG_WSI_2024-10-18, development shall not commence on the detailed planning permission until the following works detailed in the Page 28 of 54
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approved Written Scheme of Investigation (WSI) have been carried out and reported on: i. Archaeological evaluation works in Zone 2 and 6; and ii. Archaeological excavation works in Zones 1-4. The Zones are as identified on Drawing SMEG_WSI_2024-10-18 Zones Location Plan. No works shall commence on land adjoining the said Zones until the approved archaeology contractor has confirmed that no archaeological remains have been revealed. Archaeological evaluations, excavations and, if required, mitigation, public engagement and interpretation shall comply with the approved WSI. Development thereafter shall comply with the approved WSI. 3.3 The approved drive-through coffee shop will be situated at the western edge of the site. The building will be single storey with a shallow pitched mono-pitch roof. The building will be 17.5m wide, 11m deep and 6m tall at its tallest point. The walls will be finished with rendered blockwork and timber cladding. The drawings and planning statement submitted with the original application indicate that the occupant of the drive-through will be Costa Coffee. 3.4 Condition 33 currently reads as follows. The drive through coffee shop shall not be brought into use until such time as all of the Class 4 units in the detailed planning permission, as shown on drawing number 11658-HFM-ZZ-ZZ-DR-A-P(00)-011 rev P02, have been completed. (For the sake of clarity, the Class 4 units do not need to be occupied prior to the drive through coffee shop being brought into use.) 3.5 It is proposed that the condition is amended to read as follows: The drive through coffee shop shall not be brought into use until such time as all of the Class 4 units within Phase 1 of the detailed planning permission, as shown on drawing numbers 11658-HFM-ZZ-ZZ-DR-A- P(00)-020 and 11658-HFM-ZZ-ZZ-DR-A-P(00)-022 , have been completed. (For the sake of clarity, the Class 4 units do not need to be occupied prior to the drive through coffee shop being brought into use.) 3.6 The original condition requires delivery of 4257sqm of Class 4 units prior to the opening of the drive-through coffee shop. The amended phasing requires delivery of 2884sqm of Class 4 units. This represents 67.75% of the original phase 1 floorspace. 3.7 A Section 42 application, is in itself a planning application - a particular kind of planning application for development without complying with a condition/s previously imposed on an earlier grant of planning Page 29 of 54
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permission. A grant of planning permission under Section 42 results in an entirely new planning permission. 3.8 Although a Section 42 application is a new planning application in law the Act states “on such an application the planning authority shall consider only the question of the conditions subject to which planning permission should be granted”. The principle, layout and form of development are not subject to assessment. Planning authorities should attach to the new permission all of those conditions from the previous permission, where it is intended these should still apply. 4 BACKGROUND 4.1 The site has been the subject of four previous planning applications, three of which were submitted in 2017 and one in 2021. Application 17/00508/DPP for the formation of access road, SUDS infrastructure, drainage and utilities connections; and associated enabling works was approved in June 2018. The permission has not been implemented. 4.2 Application 17/00537/DPP for the erection of a petrol filling station and shop; restaurant, café and drive through and associated works was refused by the Committee at its meeting of May 2018. A subsequent appeal was dismissed in April 2019. 4.3 Application 17/00587/DPP for the erection of a secure residential care home with associated access, car parking, landscaping and works was the subject of a notice of review (on the grounds of non-determination). The review was dismissed by the local review body in June 2018. 4.4 A Proposal of Application Notice (reference 21/00416/PAC) was submitted in May 2021. The notice was reported to Committee at its meeting of June 2021. 4.5 An Environmental Impact Assessment (EIA) screening opinion (reference 21/00513/SCR) was submitted in June 2021. The planning authority’s adopted screening opinion was that an EIA was not required for the development. 4.6 In March 2023 planning permission (reference 21/00982/PPP) was granted for a hybrid application comprising a detailed application for the erection of 24 business (Class 4) units, spread across 5 blocks with a total floorspace of 4257 sqm; a drive-through coffee shop; with associated car parking, access roads and drainage infrastructure; and an application for planning permission in principle for a further three Class 4 plots all situated on land to the south of Sheriffhall roundabout. The application was reported to Committee at its meeting of June 2022. The current application seeks to amend two conditions attached to this permission. Page 30 of 54
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4.7 Application 24/00635/DPP, for the erection of a fire station, formation of access road, and associated works, was registered in November 2024 and is currently pending consideration. The application site is situated on the area of ground for which planning permission in principle was granted for Class 4 development via application 21/00982/PPP. 4.8 The allocated site to the northwest of the roundabout has been the subject of three planning applications that are of relevance to the current application. In early 2014 application 13/00848/DPP (erection of restaurant/public house with associated living accommodation; formation of car parking; and associated works) and application 13/00849/DPP (formation of access road and electricity sub-station) were granted planning permission and implemented in 2015. 4.9 Application 19/00486/DPP for the erection of a motor vehicle dealership; formation of access roads and car parking and associated works was submitted in May 2019. The application is pending consideration but is held in abeyance due to uncertainty caused by the prospect of a potential compulsory purchase order to secure part of the site to implement the Sheriffhall roundabout upgrade. 4.10 The site to the southeast of the roundabout (i.e. on the southern side of Gilmerton road opposite the application site) was the subject of an application in December 2020. Application 20/00869/PPP is an application for planning permission in principle for a business park (Class 4) and associated works. The application relates to the western two thirds of the field. The site area is 1.97 hectares, and the indicative layout shows a scheme with a floorspace of 9800sqm; the proposal was therefore a local development and was delegated to officers to determine. Council Members were notified of the application in October 2021 and the application was not called to Committee. Following the registration of a legal agreement, to secure developer contributions, the consent was issued in July 2022. 4.11 Application 24/00364/S42 seeks to amend a condition attached to planning permission 20/00869/PPP to clarify the wording of a condition. Council Members were notified of the application in August 2024 and the application was not called to Committee. The application is pending consideration awaiting the amendment of a legal agreement. Application 24/00697/LA, which seeks to amend the legal agreement. was registered in October 2024 and is pending consideration. 4.12 Application 23/00435/DPP for the erection of offices, storage, library and conference facilities (sui generis); landscaping; formation of access and car parking is pending consideration awaiting the registration of a legal agreement, to secure developer contributions. The application relates to the eastern third of the field on the southern side of Gilmerton road opposite the application site i.e. the land that was not included within application 20/00869/PPP. The application is a Page 31 of 54
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local development. Council Members were notified of the application in July 2024 and the application was not called to committee. 4.13 The Dobbies site has been used for decades, initially as a plant nursery and then as a garden centre. The site has seen significant development over the last 40 years, and it currently accommodates a large garden centre with associated café/restaurant and retail village; offices associated with the garden centre chain; and a pub/restaurant with associated hotel. A tourist attraction (Butterfly World), situated in the northwestern corner of the garden centre site, closed in 2021 and is currently disused. The plant nursery is situated to the south and west of the garden centre and is in separate ownership, after a brief period of disuse it was brought back into use in the early 2020s. 4.14 The application for planning permission constitutes a ‘Major Development’ as defined in the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 and thereby it requires to be determined by the Planning Committee. 4.15 The Town and Country Planning (Use Classes) (Scotland) Order 1997 categorises different land uses into different classes to enable planning practitioners and decision makes to determine if a change of use of land or buildings is proposed or has occurred. The consented use granted by planning permission 21/00982/PPP are Class 4 and a drive- through coffee shop which is a sui generis (of its own kind/class) use. 4.16 Class 4 (Business) as being for the use as: a) An office; b) For research and development of products or processes; or c) For any industrial process. 4.17 All such uses must be those which can be “carried on in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit”. The design of the Class 4 units within the detailed application means that an industrial use would be most likely. Future phases of Class 4 development could also include office and/or research and development (R&D) uses. 4.18 In defining if a material change of use between one class and another has occurred it enables planning authorities to assess the impact of different uses and enables decisions to be made with regard the right development in the right location. Different uses within the same class are seen to have similar impacts and characteristic and are therefore interchangeable in land use planning terms. Page 32 of 54
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5 CONSULTATIONS 5.1 The planning application site boundary is within 10m of land owned by Network Rail in association with the Borders Rail Line and as such triggered a statutory consultation. Network Rail does not object to the application and considers the proposal will not have any impact on railway infrastructure. 5.2 Transport Scotland does not object to the application and do not propose any conditions. 6 REPRESENTATIONS 6.1 No representations have been received. 7 PLANNING POLICY 7.1 The development plan is comprised of National Planning Framework 4 (2023) and the Midlothian Local Development Plan 2017. 7.2 The following policies are relevant to the proposal: National Planning Framework 4 (NPF4) 7.3 Policy 1 Tackling the climate and nature crisis; sets out to encourage, promote and facilitate development that addresses the global climate emergency and nature crisis. 7.4 Policy 2 Climate mitigation and adaptation; sets out to encourage, promote and facilitate development that minimises emissions and adapts to the current and future impacts of climate change. 7.5 Policy 3 Biodiversity; sets out to protect biodiversity, reverse biodiversity loss, deliver positive effects from development and strengthen nature networks. 7.6 Policy 4 Natural Places; sets out to protect, restore and enhance natural assets making best use of nature-based solutions. 7.7 Policy 5 Soils; sets out to protect carbon-rich soils, restore peatlands and minimise disturbance to soils from development. The policy also sets out acceptable scenarios for development on prime agricultural land. 7.8 Policy 6 Forestry, woodland and trees; sets out to protect and expand forests, woodland and trees. 7.9 Policy 7 Historic assets and places; sets out to protect and enhance historic environment assets and places, and to enable positive change as a catalyst for the regeneration of places. Page 33 of 54
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7.10 Policy 8 Green belts; sets out to encourage, promote and facilitate compact urban growth and use the land around our towns and cities sustainably. 7.11 Policy 12 Zero Waste; sets out to encourage, promote and facilitate development that is consistent with the waste hierarchy. 7.12 Policy 13 Sustainable Transport; sets out to encourage, promote and facilitate developments that prioritise walking, wheeling, cycling and public transport for everyday travel and reduce the need to travel unsustainably. 7.13 Policy 14 Design, quality and place; sets out to encourage, promote and facilitate well designed development that makes successful places by taking a design-led approach and applying the Place Principle. 7.14 Policy 18 Infrastructure first; sets out to encourage, promote and facilitate an infrastructure first approach to land use planning, which puts infrastructure considerations at the heart of placemaking. 7.15 Policy 20 Blue and green infrastructure; sets out to protect and enhance blue and green infrastructure and their networks. 7.16 Policy 22 Flood risk and water management; sets out to strengthen resilience to flood risk by promoting avoidance as a first principle and reducing the vulnerability of existing and future development to flooding. 7.17 Policy 23 Health and Safety; sets out to protect people and places from environmental harm, mitigate risks arising from safety hazards and encourage, promote and facilitate development that improves health and wellbeing. 7.18 Policy 26 Business and industry; sets out to encourage, promote and facilitate business and industry uses and to enable alternative ways of working such as home working, live-work units and micro-businesses. 7.19 Policy 27 City, town, local and commercial centres; sets out to encourage, promote and facilitate development in our city and town centres, recognising they are a national asset. This will be achieved by applying the Town Centre First approach to help centres adapt positively to long-term economic, environmental and societal changes, and by encouraging town centre living. Midlothian Local Development Plan 2017 (MLDP) 7.20 Policy STRAT1: Committed Development seeks the early implementation of all committed development sites and related infrastructure, including sites in the established economic land supply. Page 34 of 54
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Committed development includes those sites allocated in previous development plans which are continued in the MLDP. 7.21 Policy DEV5: Sustainability in New Development sets out the requirements for development with regards to sustainability principles. 7.22 Policy DEV6: Layout and Design of New Development states that good design and a high quality of architecture will be required in the overall layout of development proposals. This also provides guidance on design principles for development, materials, access, and passive energy gain, positioning of buildings, open and private amenity space provision and parking. 7.23 Policy DEV7: Landscaping in New Development requires development proposals to be accompanied by a comprehensive scheme of landscaping. The design of the scheme is to be informed by the results of an appropriately detailed landscape assessment. 7.24 Policy ECON1: Existing Employment Locations seeks to safeguard those sites allocated for economic land uses against loss to non- business or industrial uses. Alternative uses for such sites will only be permitted if there is no net detriment to the overall supply of economic land. 7.25 Policy TRAN2: Transport Network Interventions highlights the various transport interventions required across the Council area, including the A720 Sheriffhall Junction Grade Separation. 7.26 Policy TRAN5: Electric Vehicle Charging seeks to support and promote the development of a network of electric vehicle charging stations by requiring provision to be considered as an integral part of any new development or redevelopment proposals. 7.27 Policy ENV1: Protection of the Green Belt advises that development will not be permitted in the Green Belt except for proposals that: A. are necessary to agriculture, horticulture or forestry; or B. provide opportunities for access to the open countryside, outdoor sport or outdoor recreation which reduce the need to travel further afield; or C. are related to other uses appropriate to the rural character of the area; or D. provide for essential infrastructure; or E. form development that meets a national requirement or established need of no other site is available. Any development proposal will be required to show that it does not conflict with the overall objectives of the Green Belt which is to maintain the identity and landscape setting of Edinburgh and Page 35 of 54
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Midlothian towns by clearly identifying their physical boundaries and preventing coalescence. 7.28 Policy ENV2: Midlothian Green Networks supports development proposals brought forward in line with the provisions of the Plan that help to deliver the green network opportunities identified in the Supplementary Guidance on the Midlothian Green Network 7.29 Policy ENV4: Prime Agricultural Land does not permit development that would lead to the permanent loss of prime agricultural land unless there is appropriate justification to do so. 7.30 Policy ENV6: Special Landscape Areas states that development proposals will only be permitted where they incorporate high standards of siting and design and where they will not have significant adverse effect on the special landscape qualities of the area. 7.31 Policy ENV9: Flooding presumes against development which would be at unacceptable risk of flooding or would increase the risk of flooding elsewhere. It states that Flood Risk Assessments will be required for most forms of development in areas of medium to high risk but may also be required at other locations depending on the circumstances of the proposed development. Furthermore, it states that sustainable urban drainage systems will be required for most forms of development, so that surface water run-off rates are not greater than in the site’s pre- developed condition, and to avoid any deterioration of water quality. 7.32 Policy ENV10: Water Environment requires that new development pass surface water through a sustainable urban drainage system (SUDS) to mitigate against local flooding and to enhance biodiversity and the environment. 7.33 Policy ENV11: Woodland, Trees and Hedges states that development will not be permitted where it could lead directly or indirectly to the loss of, or damage to, woodland, groups of trees (including trees covered by a Tree Preservation Order, areas defined as ancient or semi-natural woodland, veteran trees or areas forming part of any designated landscape) and hedges which have a particular amenity, nature conservation, biodiversity, recreation, landscape, shelter, cultural, or historical value or are of other importance. 7.34 Policy ENV15: Species and Habitat Protection and Enhancement presumes against development that would affect a species protected by European or UK law. 7.35 Policy ENV20: Nationally Important Gardens and Designed Landscapes states development should protect, and where appropriate enhance, gardens and designed landscapes. Development will not be permitted which would harm the character, appearance and/or setting of a garden or designed landscape as Page 36 of 54
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identified in the Inventory of historic Gardens and Designed Landscapes. 7.36 Policy ENV25: Site Assessment, Evaluation and Recording requires that where development could affect an identified site of archaeological importance, the applicant will be required to provide an assessment of the archaeological value of the site and of the likely impact of the proposal on the archaeological resource. 7.37 Policies IMP1: New Development and IMP2: Essential Infrastructure Required to Enable New Development to Take Place require the developer to deliver, or contribute to, the required infrastructure to mitigate the impact of the development. 7.38 Policy IMP3: Water and Drainage require sustainable urban drainage systems (SuDS) to be incorporated into new development. 8 PLANNING ISSUES 8.1 The main planning issue to be considered in determining this application is whether the proposal complies with development plan policies unless material planning considerations indicate otherwise. The representations and consultation responses received are material considerations. Hybrid consent 8.2 The existing consent is a hybrid consent which grants both detailed planning permission and planning permission in principle. There is nothing in either primary legislation, secondary legislation or Scottish Government guidance that refers to hybrid applications, either by that name or another name. Whilst there is no procedure set out for submitting hybrid applications there is also nothing that says that they can’t be submitted. The generally accepted practice amongst the Scottish Government and planning authorities is that it is at the discretion of the planning authority as to whether to accept a hybrid application, or not. 8.3 In the case of the previous application the planning authority considered that such an approach could potentially assist the applicant in raising finance for a strategically important economic development site that has been stalled since its allocation in 2008. The proposed amendments to the conditions sought by the current application would not alter the hybrid nature of the consent. Principle of development 8.4 The principle of development for the erection of business units and drive-through coffee shop at the site was established by the granting of planning permission 21/00982/PPP. Whilst NPF4 has come into force Page 37 of 54
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since the original application was reported to the Planning Committee, the policies in NPF4 do not represent a material change in planning circumstances which would warrant refusal of the Section 42 application on the grounds of the principle of development. Condition 11 8.5 The amended wording of condition 11 will reflect the fact that some archaeological investigation work has already taken place, to the satisfaction of the Council’s archaeological advisor, as part of the discharge of conditions attached to planning permission 21/00982/PPP. Consequently, development could commence in some areas of the site without the need for further archaeological investigation. The plan submitted to support the amended condition identifies the areas that still require investigation works. The amended text for condition 11 is acceptable. Condition 33 8.6 The applicant’s planning statement submitted with the previous application that generated the existing consent referenced the difficulties of financing the infrastructure necessary to support a viable Class 4 development. It was stated that a drive-through coffee shop could assist in delivering that finance. The planning authority was satisfied that given the relatively small size of the drive-through, approximately 2% of the floorspace of the overall proposal, it could be considered to be ancillary to the main use site. Given the scale of development that could be facilitated by the development of a single storey drive-through coffee shop with a floorspace of 197 sqm and the importance of small to medium Class 4 roller shutter units to the development of Midlothian’s economy, there were sufficient material considerations to support the principle of a drive-through coffee shop at this location subject to the occupancy of the unit being conditioned until after completion of the phase 1 Class 4 units. 8.7 As is noted in paragraph 3.6 above the existing planning permission includes a condition requiring delivery of 4257sqm of Class 4 units prior to the opening of the drive-through coffee shop. The applicant’s agent has advised that due to viability and deliverability issues beyond the control of the applicant it will not be possible to deliver the Class 4 units in a single phase, as originally intended. An amended phasing is proposed which would secure the delivery of 2884sqm of Class 4 units. This represents 67.75% of the original phase 1 floorspace. Consent would remain in place for the remaining Class 4 units, and it is the applicant’s intention to deliver these in subsequent phases of development at the site. 8.8 There is a strong demand for Class 4 business units within Midlothian and a high occupancy level for such units on modern industrial estates such as Bilston Glen or Hardengreen. The MLDP includes allocated Page 38 of 54
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sites which would allow for further such developments however it has proven difficult for applicants to raise finance for such sites and many of such sites remain undeveloped. The development of the amended phase 1 represents an investment of over £8 million and would constitute one of the largest speculative developments ever undertaken by the applicant. The amended phasing will deliver a significant development of much needed Class 4 business space and will ensure that the drive-through coffee shop will not be the dominant use of the site. The proposed amendment to the wording of condition 33 is acceptable. Other conditions 8.9 Since October 2023 the planning authority and the applicant have been engaged in an ongoing process to discharge the pre-commencement conditions attached to planning permission 21/00982/PPP. Some such conditions have been completely discharged, some have been partially discharged and some still require further information. In the interests of clarity, it would be reasonable to amend the wording of such conditions to reflect the conditions that have been discharged and to ensure compliance with the approved details. Developer contributions 8.10 Scottish Government advice on the use of Section 75 Planning Agreements is set out in Circular 03/2012: Planning Obligations and Good Neighbour Agreements. The Circular advises that planning obligations should only be sought where they meet all of the following tests: • Necessary to make the proposed development acceptable in planning terms (paragraph 15) • Serve a planning purpose (paragraph 16) and, where it is possible to identify infrastructure provision requirements in advance, should relate to development plans • Relate to the proposed development either as a direct consequence of the development or arising from the cumulative impact of development in the area (paragraphs 17-19) • Fairly and reasonably relate in scale and kind to the proposed development (paragraphs 20-23) • Be reasonable in all other respects 8.11 In relation to Midlothian Council, policies relevant to the use of Section 75 agreements are set out in the MLDP and Midlothian Council’s Developer Contributions Guidelines (Supplementary Planning Guidance). 8.12 The proposed development, of which the principal element is the provision of a Class 4 development, was assessed in relation to the above guidance as part of the assessment of application Page 39 of 54
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21/00982/PPP. It was considered that a planning obligation (Section 75 agreement) was required in respect of the following matters: • The site adjoins the A7 where the A7 urbanisation scheme, as identified in the MLDP, will improve pedestrian connectivity, active travel and access to public transport (bus services). A proportionate contribution will be sought; and • The site is in the A7/A68 Borders Rail Line Corridor and is therefore required to contribute towards Borders Rail. A proportionate contribution will be sought. 8.13 The agreement was registered on 22 March 2023. To ensure that the agreement also applies to the current Section 42 application it will be necessary for the applicant and the planning authority to draft and register an amendment to the legal agreement. 9 RECOMMENDATION 9.1 That planning permission be granted for the following reason: The majority of the site is an allocated economic land supply site and the main proposed use complies with the allocated use. The Class 4 development complies with the relevant policies of National Planning Framework 4 (NPF4) and the Midlothian Local Development Plan 2017 (MLDP). The drive-through coffee shop will help finance the development infrastructure that will aid the delivery of a stalled allocated site, and this is a significant enough material consideration to support development that is contrary to the relevant policies of National Planning Framework 4 and the Midlothian Local Development Plan. Subject to the registration of an amended legal agreement to secure developer contributions towards the A7 Urbanisation scheme and the Borders Rail Line. and Subject to the following conditions: 1. Detailed planning permission is hereby granted for the erection of the 5 blocks of Class 4 units, drive-through coffee shop, access roads, car parking and junction (with Gilmerton Road) shown on drawing number 11658-HFM-ZZ-ZZ-DR-A-P(00)-011 rev P02; the drainage infrastructure shown on drawing number 4536-300-001 Rev 0; and any associated groundworks. 2. Planning permission in principle is hereby granted for Class 4 development on the 3 areas of Class 4 development shown on drawing number 11658-HFM-ZZ-ZZ-DR-A-P(00)-003 rev P01. Reason: To define the scope of the permission. Page 40 of 54
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3. Development shall not commence on the detailed planning permission with any contamination of the site has been submitted to and approved by the planning authority. The scheme shall supplement the following reports: a. Sheriffhall South, Midlothian - Report on Site Investigations. Mason Evans Geo-Environmental Consultants, dated September 2021 (Ref P20-504); b. Phase 2: Ground Investigation Report. Arc Environmental, dated June 2017 (Ref 17-115); c. Sheriffhall South East, SUDS and Road Corridor, Midlothian - Report on Site Investigations. Mason Evans Partnership Ltd (MEP), dated January 2024 (Project Ref P23-406); and d. Sheriffhall South Multilets, Midlothian – Remediation Method Statement – Second Edition’. Mason Evans Partnership Ltd (MEP), dated April 2024 (Project Ref P20-504. and shall include: i. The Preliminary Risk Assessment titled “Phase 1: Desk Top Study (DTS) Report” by Arc Environmental Limited (May 2017); ii. Further comment on the ground gas risk assessment with regards to the use of piles/vibro compaction as a foundation solution at the site: iii. Further assessment for water supply pipes at the site; and, iv. With regards to the 2024 SI Report (SUDS area): A. Complete borehole logs should be submitted for review. B. It should be clarified as to why the River North Esk was utilised as the compliant point in P20 modelling when the Dean Burn is stated to be closer in the desk study section; v. With regards to the Remediation Strategy, it should be clarified how the cover system will be verified 4. On completion of any decontamination/ remediation works required as a result of the scheme to deal with contamination, referred to in Condition 3, and prior to any building on the site being occupied or brought into use, a validation report shall be submitted to the planning authority confirming that the works have been carried out in accordance with the approved scheme. No building on the site shall be occupied or brought into use unless, or until, the planning authority have approved the required validation. Reason for conditions 3 and 4: To ensure that any contamination on the site is adequately identified and that appropriate decontamination measures are undertaken to mitigate the identified Page 41 of 54
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risk to site users and construction workers, built development on the site, landscaped areas, and the wider environment. 5. Development shall not commence on any of the planning permission in principle sites until an application for Approval of Matters Specified in Conditions for a scheme to deal with any contamination of the planning permission in principle sites has been submitted to and approved by the planning authority. The scheme shall contain details of the proposals to deal with any contamination and include: i. the nature, extent and types of contamination on the site; ii. measures to treat or remove contamination to ensure that the site is fit for the uses hereby approved, and that there is no risk to the wider environment from contamination originating within the site; iii. measures to deal with contamination encountered during construction work; and, iv. the condition of the site on completion of the specified decontamination measures. 6. On completion of any required decontamination/ remediation works, referred to in Condition 5, and prior to any building on the site being occupied, a validation report shall be submitted to the planning authority confirming that the works have been carried out in accordance with the approved scheme. No building on the site shall be occupied unless or until the planning authority have approved the required validation. Reason for conditions 5 and 6: To ensure that any contamination on the site is adequately identified and that appropriate decontamination measures are undertaken to mitigate the identified risk to site users and construction workers, built development on the site, landscaped areas, and the wider environment. 7. Development shall not begin on the detailed planning permission sites until details of a scheme of investigation and remediation to deal with previous mineral workings has been submitted to and approved in writing by the planning authority. The scheme shall include: i. A remediation scheme to afford public safety and the stability of the proposed development from the risks posed by the coal mining legacy within the surrounding area; ii. A scheme of intrusive site investigations; iii. A report of findings arising from the intrusive site investigations; and, iv. A scheme of remedial works for approval by the Coal Authority. Page 42 of 54
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8. Prior to the development referred to in condition 7 being taken into beneficial use, a signed statement or declaration prepared by a suitably competent person confirming that the site has been made, safe and stable for the approved development shall be submitted to the planning authority for approval in writing. This document shall confirm the completion of any remedial works and/or mitigation necessary to address the risks posed by past coal mining activity. Reason for conditions 7 and 8: To ensure that any risks posed by the coal mining history of the area are identified and addressed prior to further development commencing. 9. Development shall not commence on any of the planning permission in principle sites until an application for Approval of Matters Specified in Conditions for a scheme of investigation and remediation to deal with previous mineral workings has been submitted to and approved in writing by the planning authority. The scheme shall include: i. A remediation scheme to afford public safety and the stability of the proposed development from the risks posed by the coal mining legacy within the surrounding area; ii. A scheme of intrusive site investigations; iii. A report of findings arising from the intrusive site investigations; and, iv. A scheme of remedial works for approval by the Coal Authority. 10. Prior to the development referred to in condition 9 being occupied or taken into beneficial use, a signed statement or declaration prepared by a suitably competent person confirming that the site has been made, safe and stable for the approved development shall be submitted to the planning authority for approval in writing. This document shall confirm the completion of any remedial works and/or mitigation necessary to address the risks posed by past coal mining activity. Reason for conditions 9 and 10: To ensure that any risks posed by the coal mining history of the area are identified and addressed prior to further development commencing. 11. With the exception of any works within Zone A as shown on Drawing SMEG_WSI_2024-10-18, development shall not commence on the detailed planning permission until the following works detailed in the approved Written Scheme of Investigation (WSI) have been carried out and reported on: i. Archaeological evaluation works in Zone 2 and 6; and ii. Archaeological excavation works in Zones 1-4 Page 43 of 54
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The Zones are as identified on Drawing SMEG_WSI_2024-10-18 Zones Location Plan. No works shall commence on land adjoining the said Zones until the approved archaeology contractor has confirmed that no archaeological remains have been revealed. Archaeological evaluations, excavations and, if required, mitigation, public engagement and interpretation shall comply with the approved WSI. Development thereafter shall comply with the approved WSI. 12. Development shall not commence on any of the planning permission in principle sites until an application for Approval of Matters Specified in Conditions for a written scheme of investigation for a programme of archaeological (Trial Trench Evaluation) work has been submitted by the applicant (or their agent) and approved by the planning authority. Reason for conditions 11 and 12: To ensure the development does not result in the unnecessary loss of archaeological material. 13. Development shall not begin on the detailed planning permission until a scheme of hard and soft landscaping has been submitted to and approved in writing by the planning authority. Details of the scheme shall include: i existing and finished ground levels and floor levels for all buildings, roads, parking areas and paths in relation to a fixed datum; ii an Arboricultural Method Statement, detailing mitigation measures for any excavations/ trenching and new surfaces (e.g. roads, parking spaces) within the root protection area (RPA) of existing trees to be retained, with particular reference to the construction of any car parking spaces wholly or partly within an RPA; iii a Woodland Management Plan for any existing woodland/ mature trees to be retained. All woodland should be brought into active management prior to the release of plots for development and potential use of the woodland for amenity/access; and iv a timetable for completion of the landscaping for each phase of development. All hard and soft landscaping shall be carried out in accordance with the scheme approved in writing by the planning authority as the programme for completion and subsequent maintenance. Thereafter any trees or shrubs removed, dying, becoming seriously diseased or damaged within five years of planting shall be replaced in the following planting season by trees/shrubs of a similar species to those originally required. Page 44 of 54
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13a Any tree felling or vegetation removal proposed as part of the landscaping scheme shall take place out with the bird breeding season (March-August); unless a suitably qualified ecologist has carried out a walkover survey of the felling/removal area in the 48 hours prior to the commencement of felling/removal and confirmed in writing that no breeding birds will be affected. 13b Hard and soft landscaping of the detailed planning permission sites shall comply with the approved landscaping details and with the details approved via the discharge of condition 13. 14. Development shall not begin on any of the planning permission in principle sites until an application for Approval of Matters Specified in Conditions for a scheme of hard and soft landscaping has been submitted to and approved in writing by the planning authority. Details of the scheme shall include: i existing and finished ground levels and floor levels for all buildings, roads, parking areas and paths in relation to a fixed datum; ii a tree survey of the area identified as Area C in the Arboricultural Impact Assessment submitted on 14 January 2022; iii existing trees, landscaping features and vegetation to be retained; removed, protected during development and in the case of damage, restored; iv proposed new planting including trees, shrubs, hedging and grassed areas; v location and design of any proposed walls, fences and gates, including those surrounding bin stores or any other ancillary structures; vi schedule of plants to comprise species, plant sizes and proposed numbers/density; vii programme for completion and subsequent maintenance of all soft and hard landscaping. The landscaping shall be completed prior to the development being occupied. Any tree felling or vegetation removal proposed as part of the landscaping scheme shall take place out with the bird breeding season (March- August); unless a suitably qualified ecologist has carried out a walkover survey of the felling/removal area in the 48 hours prior to the commencement of felling/removal, and confirmed in writing that no breeding birds will be affected; viii proposed car park configuration and surfacing; ix details of the location, design, height and specification of proposed street lighting within the development; x proposed footpaths; and xi proposed cycle parking facilities. All hard and soft landscaping shall be carried out in accordance with the scheme approved in writing by the planning authority as the Page 45 of 54
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programme for completion and subsequent maintenance (14vii). Thereafter any trees or shrubs removed, dying, becoming seriously diseased or damaged within five years of planting shall be replaced in the following planting season by trees/shrubs of a similar species to those originally required. 15. No trees shall be felled to facilitate the construction of the development other than those trees identified for felling in the Arboricultural Impact Assessment submitted on 14 January 2022, the tree surveys required by conditions 13 ii or 14 ii, or any updates of said tree surveys. Reason for conditions 13 to 15: To ensure the quality of the development is enhanced by landscaping to reflect its setting in accordance with policy DEV7 of the Midlothian Local Development Plan 2017 and national planning guidance and advice. 16. Development shall not begin on the detailed planning permission until details and, if requested, samples of materials to be used on external surfaces of the buildings; hard ground cover surfaces; means of enclosure and ancillary structures have been submitted to and approved in writing by the planning authority. Development shall thereafter be carried out using the approved materials or such alternatives as may be agreed in writing with the planning authority. 17. Development shall not begin on any of the planning permission in principle sites until an application for Approval of Matters Specified in Conditions for the siting, scale, design and external appearance of all buildings and other structures has been submitted to and approved in writing by the planning authority. The applications shall include details and, if requested, samples of materials to be used on external surfaces of the buildings; hard ground cover surfaces; means of enclosure and ancillary structures. Development shall thereafter be carried out using the approved materials or such alternatives as may be agreed in writing with the planning authority. Reason for conditions 16 and 17: To ensure the quality of the development is enhanced by the use of quality materials to reflect its setting in accordance with local and national planning guidance and advice. 18. Development of the detailed planning permission sites shall be carried out in accordance with the approved details of the provision and use of electric vehicle charging stations or such alternatives as may be approved in writing with the planning authority. 19. Development shall not begin on any of the planning permission in principle sites until an application for Approval of Matters Specified in Conditions including details of the provision and use of electric vehicle charging stations has been submitted to and approved in Page 46 of 54
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writing by the planning authority. Development shall thereafter be carried out in accordance with the approved details, or such alternatives as may be approved in writing with the planning authority. Reason for conditions 18 and 19: To ensure the development accords with the requirements of policy TRAN5 of the Midlothian Local Development Plan 2017. 20. Development on the detailed planning permission sites shall be carried out in accordance with the approved surface water drainage details or such alternatives as may be approved in writing with the planning authority. 21. Development shall not begin on any of the planning permission in principle sites until an application for Approval of Matters Specified in Conditions including details of a scheme to deal with surface water drainage has been submitted to and approved in writing by the planning authority. Development shall thereafter be carried out in accordance with the approved details, or such alternatives as may be approved in writing with the planning authority. Reason for conditions 20 and 21: To ensure that the development is provided with adequate surface water drainage. 22. Development shall not begin on the detailed planning permission until details of the following transportation matters have been submitted to and approved in writing by the planning authority: i a green transport plan designed to minimise the use of private transport and to promote walking, cycling, safe routes to school and the use of public transport; ii new 5 bay bus shelters for the existing bus stops on Gilmerton Road over the site frontage; and iii a programme for completion for the construction of access, roads, footpaths and cycle paths. 22a. Development of the detailed planning permission sites shall comply with the approved site access, roads, footpaths, cycleways and transportation movement details and with the details approved via the discharge of condition 22. 23. Development shall not begin on any of the planning permission in principle sites until an application for Approval of Matters Specified in Conditions including details of the site access, roads, footpaths, cycle ways and transportation movements has been submitted to and approved in writing by the planning authority. Details of the scheme shall include: Page 47 of 54
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i existing and finished ground levels for all roads and cycle ways in relation to a fixed datum; ii proposed vehicular, cycle and pedestrian access; iii proposed roads (including turning facilities), footpaths and cycle ways; iv proposed visibility splays, traffic calming measures, lighting and signage; v proposed construction traffic access and haulage routes; vi a green transport plan designed to minimise the use of private transport and to promote walking, cycling, safe routes to school and the use of public transport: vii proposed car parking arrangements; viii an internal road layout which facilitates HGVs entering and leaving the site in a forward facing direction; ix new 5 bay bus shelters for the existing bus stops on Gilmerton Road over the site frontage; and x a programme for completion for the construction of access, roads, footpaths and cycle paths. Development shall thereafter be carried out in accordance with the approved details, or such alternatives as may be agreed in writing with the planning authority. 24. No buildings on the site shall be occupied until the junction with Gilmerton Road, shown on drawing number 11658-HFM-ZZ-ZZ-DR- A-P(00)-011 rev P02, is complete and operational. Reason for conditions 22 to 24: To ensure the future users of the buildings, existing local residents and those visiting the development site during the construction process have safe and convenient access to and from the site. 25. Development on the detailed planning permission sites shall be carried out in accordance with the approved biodiversity enhancement measures or such alternatives as may be approved in writing by the planning authority. 26. Development shall not begin on any of the planning permission in principle sites until an application for Approval of Matters Specified in Conditions including details of a sustainability/biodiversity scheme for the site, including the provision for bats and swifts and the provision of hedgehog friendly fencing throughout the development has been submitted to and approved in writing by the planning authority. Development shall thereafter be carried out in accordance with the approved details, or such alternatives as may be approved in writing by the planning authority. 27. Development shall comply with the recommendations contained in Section C.1 of the Protected Species (Badgers) Survey Report, dated 16 March 2022; Section C.1 of the Protected Species (Bats) Page 48 of 54
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Survey Report, dated 16 March 2022; and Section C.1 of the Ecological Survey Report. Reason for conditions 25 to 27: To safeguard protected species and to ensure the development accords with the requirements of policies ENV15 and DEV5 of the Midlothian Local Development Plan 2017. 28. Prior to the approved Invasive Species treatment works commencing, a timetable for the works shall be submitted to and approved in writing by the planning authority. Upon completion of the treatment works, a validation report demonstrating that the recommendations contained in the Invasive Species Report have been complied with and completed shall be submitted to and approved in writing by the planning authority. The treated land, and any onsite burial land associated with the treatment works, shall not be occupied until the validation report has been approved in writing by the planning authority. Reason: To ensure that invasive species are safely removed and that the development does not result in the spreading of invasive species. 29. Development on the detailed planning permission sites shall be carried out in accordance with the approved Construction Environment Management Plan (CEMP) or such alternatives as may be approved in writing with the planning authority. 30. Development shall not begin on any of the planning permission in principle sites until an application for Approval of Matters Specified in Conditions including a Construction Environment Management Plan (CEMP) has been submitted to and approved in writing by the planning authority. The CEMP shall include: i. Details of construction access routes; ii. signage for construction traffic, pedestrians and other users of the site; iii. controls on the arrival and departure times for construction vehicles, delivery vehicles and for site workers (to avoid school arrival/departure times); iv. details of piling methods (if employed); v. details of any earthworks; vi. control of emissions strategy; vii. a dust management plan strategy; viii. waste management and disposal of material strategy; ix. a community liaison representative will be identified to deal with the provision of information on the development to the local community and to deal with any complaints regarding construction on the site; Page 49 of 54
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x. prevention of mud/debris being deposited on the public highway; xi. material and hazardous material storage and removal; and, xii. controls on construction, engineering or any other operations or the delivery of plant, machinery and materials (to take place between 0700 to 1900hrs Monday to Friday and 0800 to 1300hrs on Saturdays). Development shall thereafter be carried out in accordance with the approved details, or such alternatives as may be approved in writing with the planning authority. Reason for conditions 29 and 30: In order to control the construction activity on the site, ensure environmental impact during the construction period is acceptable and to ensure appropriate mitigation is in place. 31. The design and installation of any plant, machinery and equipment shall be such that the combined noise level shall not exceed NR30 daytime (07:00 to 23:00 hrs) or NR25 if the noise is tonal and NR25 night time (23:00 to 07:00 hrs) or NR20 if the noise is tonal as measured from within any apartment in any local noise-sensitive premises. For the purposes of this condition the assessment position shall be as identified by BS 7445 in relation to internal noise measurements. 32. The sound emitted by any tannoy/loudspeaker system serving the drive through coffee shop shall be controlled to ensure that no amplified speech is audible within any nearby living apartment. Reason for conditions 31 and 32: To safeguard the amenity of local residents. 33. The drive through coffee shop shall not be brought into use until such time as all of the Class 4 units within Phase 1 of the detailed planning permission, as shown on drawing numbers 11658-HFM- ZZ-ZZ-DR-A-P(00)-020 and 11658-HFM-ZZ-ZZ-DR-A-P(00)-022, have been completed. (For the sake of clarity, the Class 4 units do not need to be occupied prior to the drive through coffee shop being brought into use.) Reason: To ensure that the development that the drive through coffee shop is intended to enable is delivered prior to the drive through coffee shop being brought into use. 34. The drive through coffee shop hereby approved shall be used solely as a drive through coffee shop. Consent is granted for the sale of food and drink for consumption on the premises and off the premises. The use of the buildings is a sui generis use. Page 50 of 54
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Reason: To ensure that the use of the buildings reflects the terms of the application; and to safeguard the vitality and viability of local town centres by ensuring that the buildings cannot be used for retail purposes. 35. The kitchen of the drive through coffee shop shall be ventilated by extraction ventilation system which shall: a) Be designed to achieve 30 air changes per hour; b) Provide adequate ventilation to the cooking area to eliminate the need to leave doors and windows open; c) Prevent the emission of cooking odours likely to cause nuisance to neighbouring commercial units and surrounding residential properties; and d) Terminate at sufficient height to permit the free disposal of exhaust fumes. Reason: To safeguard local residential amenity. 36. Prior to the drive through coffee shop opening to the public details of a litter collection plan for the surrounding area, including an agreed length of Gilmerton Road, shall be submitted to and approved in writing by the planning authority. All the measures identified in the approved plan shall be in place and fully operational for the opening of either of the restaurants to members of the public and shall continue in operation for the duration of the approved use, unless otherwise approved in writing by the planning authority. Reason: To protect the character and amenity of the surrounding area. 37. The building heights within the planning permission in principle sites shall not exceed the relevant maximum building heights specified on drawing number 11658-HFM-ZZ-ZZ-DR-A-P(00)-004 rev. P01. Reason: To safeguard the character of the surrounding area. Page 51 of 54
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Peter Arnsdorf Planning, Sustainable Growth and Investment Manager Date: 10 January 2025 Application No: 24/00664/S42 Applicant: Buccleuch Property Agent: Chris Gardner, Gardner Planning & Development Validation Date: 4 November 2024 Contact Person: Graeme King Email: graeme.king@midlothian.gov.uk Background Papers: 21/00416/PAC, 21/00513/SCR, 21/00982/PPP, 24/00635/DPP Attached Plans: 1) Location plan 2) Phasing plan identifying phase one, the business units to be built along with the drive-through coffee shop, and phase two, the business units to be built after the delivery of the coffee shop. Page 52 of 54
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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 (2024) Section 42 application for non-compliance with Condition 11 and Condition 33 of Planning Permission 21/00982/PPP Land at Sheriffhall South, Melville Gate Road, Dalkeith File No. 24/00664/S42 Scale 1:4000Page 53 of 54
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MELVILLE GATE ROAD Lodge BS A7 6M BUFFER 72.42 BS O/H CABLE & EASEMENT SP SP SP SP 2k Unit 2k Unit 2k Unit 2k Unit 2k Unit 2k Unit Drive Thru Unit 1,800 sq ft Existing Trees Existing Trees Gilmerton Road Roundabout Access to Proposed Development (via New Road Layout Approved Under Previous Consent) Future Development Future Development Future Development GILMERTON ROAD Hatch denotes area of land to be acquired by Transport Scotland New Sub Station Pedestrian Route Unit 01 Unit 02 Unit 03 Unit 04 Unit 05 Future Development Future Development cycle spaces landscaped area landscaped area landscaped area landscaped area landscaped area landscaped area landscaped area landscaped areacycle spaces 'Thank You' sign 'Key Seller' sign Order Point 'Digital Menu' sign Height Restrictor 'Waiting Bay' sign bin store type C bin store type B bin store type B bin store type A 2k Unit 2k Unit 1.5k Unit 1.5k Unit 1.5k Unit 1.5k Unit 1.5k Unit 1.5k Unit 1.5k Unit 1.5k Unit 1.5k Unit 1.5k Unit 1.5k Unit 1.5k Unit 2k Unit 2k Unit 2k Unit 2k Unit 0 10 20 4030 50m C ONUMES RRRF AYADILLAH HARTER RE ET T T TA A AC C CD HI S & PL NN NI G ON NS SLU Project: Title: Scale: Date: Revision Document Reference Client: Drawing Status: Registered Office: 8 Victoria Street, Aberdeen, AB10 1XB Project Code Originator Code Volume Location / Level Type Identification / Location Drawing Number Role Classification Number T: 01224 388 700 E: info@hfm.co.uk W: hfm.co.uk Do not scale this drawing. Ordnance Survey material is reproduced with the permission of the controller of her Majesty's Stationery Office Crown Copyright reserved. The copyright of this drawing subsists in Halliday Fraser Munro ltd. - - - - - -ZZHFM11658 Sheriffhall South East Proposed Mixed Use Development Overall Phasing Site Layout Plan Buccleuch Property May 2024 Planning 1:500 @ A1 ZZ DR A 022 P(00) Phase 1 Phase 2 Page 54 of 54