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Agenda Document Pack - Planning Committee - 21/01/2025

Midlothian Council · 21 January 2025
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Page 1

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 
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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. 
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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 
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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. 
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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. 
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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
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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
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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
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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
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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. 
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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. 
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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. 
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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
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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). 
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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
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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.
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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
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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
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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. 
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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
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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. 
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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.
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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.
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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
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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
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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
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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
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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
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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.
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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
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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. 
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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 
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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. 
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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
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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
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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:
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Page 48

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)
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Page 49

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;
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Page 50

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. 
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Page 51

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

Page 52

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.
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Page 53

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

Page 54

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