Democracy Spraffa

Agenda Document Pack - Planning Committee - 28/03/2023

Midlothian Council · 28 March 2023
Back to Planning Committee — 28 March 2023 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

Original council PDF · Download plain text

Page 1

Notice of Meeting and Agenda 
Planning Committee 
Venue:  Council Chambers, 
Midlothian House, Dalkeith, EH22 1DN 
Date:  Tuesday, 28 March 2023 
Time:  13:00 
Executive Director : Place 
Contact:
Clerk Name: Democratic Services
Clerk Telephone: 
Clerk Email: democratic.services@midlothian.gov.uk 
Further Information: 
This is a meeting which is open to members of the public.  
Privacy notice: Please note that this meeting may be recorded. The
recording may be publicly available following the meeting. If you would
like to know how Midlothian Council collects, uses and shares your
personal information, please visit our website: www.midlothian.gov.uk 
Page 1 of 166

Page 2

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  28 February 2023 submitted for approval 3 - 14 
5          Public Reports 
Non-Planning Application Reports 
5.1 Tree Preservation Order, Bilston - Report by Chief Officer Place 15 - 38
5.2 Prosecution for non-compliance with Enforcement Notice , 1
Laurel Bank Road, Mayfield - Report by Chief Officer Place
39 - 62
5.3 Prosecution for non-compliance with Enforcement Notice,
Edgehead Farmhouse, Pathhead - Report by Chief Officer Place
63 - 88
5.4 Listed Building Enforcement Notice, 130 High Street, Dalkeith -
Report by Chief Officer Place
89 - 102
5.5 NPF4 Impact on Outstanding Planning Applications - Report by
Chief Officer Place
103 - 106 
Planning Application Reports 
5.6 Land between Deanburn and Mauricewood Road, Penicuik
(22.00253.DPP) - Report by Chief Officer Place
107 - 122
5.7 Land East, North East of Auchendinny (22.00848.DPP) Report by
Chief Officer Place
123 - 166 
6          Private Reports 
No items for discussion 
7          Date of Next Meeting 
The next meeting will be held on Tuesday 16 May 2023 
Page 2 of 166

Page 3

Minute of Meeting 
Planning Committee 
Date Time Venue
Tuesday 28 February 2023 1.00 pm Council Chambers,
Midlothian House   
Present: 
Councillor Imrie (Chair) Councillor Bowen
Councillor Cassidy Councillor Curran
Councillor McCall Councillor McEwan
Councillor McKenzie Councillor McManus
Councillor Milligan Councillor Parry
Councillor Pottinger Councillor Russell
Councillor Scott Councillor Smaill
Councillor Virgo Councillor Winchester 
In Attendance: 
Peter Arnsdorf Planning, Sustainable Growth and Investment Manager
Alan Turpie Legal and Governance Manager
Derek Oliver Chief Officer, Place
Janet Ritchie Democratic Services Officer 
Planning Committee
Tuesday 28 March 2023
Item No: 4.1 
Page 3 of 166

Page 4

1. Apologies
Apologies for absence were received from Councillor Alexander and Councillor
Drummond. 
2. Order of Business
The order of business was as set out in the Agenda.
3. Declarations of interest 
Councillor Smaill declared an interest in 5.3 and would leave the meeting
during this item. 
Councillor Milligan advised that with regards to 5.6 the Applicant and an
Objector contacted him and he advised on the planning system but made no
comment regarding the application. 
Councillor Scott declared an interest in 5.3 and would leave the meeting during
this item. 
Councillor Smaill also advised that he had received correspondence with
regards to 5.6 but made no comments regarding the application. 
4. Minutes of Previous Meetings 
The minute of the meeting of 10 January 2023 was submitted and approved as
a correct record. 
5. Reports 
Agenda No Report Title Submitted by:
5.1 National Planning Framework No. 4 (NPF4)
Update, MLDP2 Launch and DPS15 Report and
Appendices 
Chief Officer Place
Outline of report and summary of discussion
The purpose of this report was to update the Committee on the adoption of
the National Planning Framework No. 4 (NPF4) and to advise of the implications for
Midlothian of NPF4 adoption, including the formal commencement of the
preparation of Midlothian’s next Local Development Plan and engagement with
communities with regard the preparation of Local Place Plans 
The Planning, Sustainable Growth and Investment Manager presented this report
outlining the main sections contained within the report. 
Page 4 of 166

Page 5

The Chair expressed his views with regards to the infrastructure and services and
that with regards to housing numbers the Council has no option the Scottish
Government dictates the housing numbers.  
Unfortunately if the Council allow more developments in Midlothian other services
should assist with the funding of appropriate infrastructure and services.  During
further discussion Councillors expressed their views with regards to Housing,
Infrastructure and services and developer’s contributions. 
The Planning, Sustainable Growth and Investment Manager provided clarity on
Developer’s contributions and that there is a legal framework around this and
Midlothian is at the top end of the charge table when charging developer’s
contributions and also in the recovery of contributions. 
It was further highlighted that there is an expectation to take further houses in
addition to the houses already agreed throughout Midlothian and the lack of
adequate infrastructure and that Midlothian is one of the fast growing Councils but
that this is not taken into consideration.  Councillor Milligan stressed that the
Council needs to oppose any additional housing until the council gets identified and
funded solutions for what is required.   
The Planning, Growth and Investment Manager provided clarity on the housing
numbers and the scale of growth in Midlothian and advising that during the
recommended workshops this will be looked at in more detail. 
The Planning, Sustainable Growth and Investment Manager also responded to
further comments expressed regarding Developer’s contributions, key agency
discussions, the engagement with local communities and the effect on social
housing if further houses were not built.  
Decision
The Planning Committee noted the update on NPF4 and agreed to instruct the
Planning, Sustainable Growth and Investment Manager to: 
1. Commence preparation of the second Midlothian Local Development Plan
(MLDP2);
2. Issue invitations to local community groups to prepare Local Place Plans
(LPPs) which will help inform production of MLDP2 (Appendix A);
3. Establish a MLDP2 Officer Project Board, comprising senior managers
from across the Council services, to ensure the spatial dimensions of other
Council strategies are reflected in MLDP2;
4. Arrange a series of workshops between elected members and officers on
NPF4 and MLDP2;
5. Publish the Development Plan Scheme for Midlothian no.15
(DPS15)(Appendix B); and
6. Make any non-material changes necessary to the DPS15 and the Local
Place Plan invitations prior to publication.
Page 5 of 166

Page 6

Action
The Planning, Sustainable Growth and Investment Manager 
Agenda No Report Title Submitted by:
5.2 Planning Performance Framework Annual
Report 2021/22
Chief Officer Place
Outline of report and summary of discussion
This report provides an update on the progress of work undertaken on the Planning
Performance Framework (PPF) for Midlothian.  Specifically, it provides feedback
from Scottish Government on the Council’s submitted PPF for 2021/22. 
The Planning, Sustainable Growth and Investment Manager presented this report
outlining the main sections contained within the report highlighting the ratings
shown on Appendix A to the report. 
The Chair expressed his congratulations to the staff.
Decision
The Planning Committee noted the feedback from Scottish Government on the
Council’s submitted Planning Performance Framework (PPF) for 2021/22.
Action
The Planning, Sustainable Growth and Investment Manager 
Councillor Scott, Councillor Smaill and Councillor McCall left the meeting at 1.30 pm. 
Agenda No Report Title Submitted by:
5.3 Land North of 6 Ashbank, Gorebridge -
Enforcement Notice Prosecution Report and
Appendices
Chief Officer Place
Outline of report and summary of discussion
This report relates to the non-compliance with the requirements of an enforcement
notice served by the Council pursuant to Section 127 of the Town and Country
Planning (Scotland) Act 1997, as amended, with regard the change of use of
vacant land to a builders’ yard (sui generis); siting of shipping containers and
associated engineering operations to form a hardstanding at land north of 6
Ashbank, Gorebridge. 
The enforcement notice required the unauthorised use of the land as a builder’s
yard to permanently cease and for the shipping containers brought onto the site in
associated with that use to be removed from the land. Furthermore, the areas of
hardstanding formed on the land to facilitate the unauthorised use shall be removed
Page 6 of 166

Page 7

and the land returned to grass. None of these steps have been taken, either by the
enforcement notice compliance date of 6 January 2023 or to date (at the time of
drafting this report). Non-compliance with an enforcement notice constitutes an
offence. 
The Planning, Sustainable Growth and Investment Manager presented this report
to the committee advising of the key sections contained within the report.
Decision
The Planning Committee agreed to instruct the Planning, Sustainable Growth and
Investment Manager (or an alternatively appropriately appointed officer) to refer the
case to the Crown Office and Procurator Fiscal Service for consideration of
prosecutorial action pursuant to Section 136 of the Town and Country Planning
(Scotland) Act 1997 as amended.
Action
The Planning, Sustainable Growth and Investment Manager 
Councillors Scott, Smaill and McCall re-joined the meeting at 1.34 pm, following
discussion of the above item. 
Councillor McKenzie declared that the Applicant is in his Ward and that he had
correspondence with him regarding the process but did not comment on the
Application. 
Agenda No Report Title Submitted by:
5.4 2 Conifer Road, Mayfield – Enforcement Notice
Appeal Decision
Chief Officer Place
Outline of report and summary of discussion
The purpose of this report was to advise the Committee of an enforcement notice
appeal decision with regard the erection of an outbuilding in the side garden of 2
Conifer Road, Mayfield. 
A retrospective planning application for the erection of an outbuilding at 
2 Conifer Road, Mayfield was refused 29 September 2020. Despite the refusal of
planning permission and a letter to the occupant dated 26 August 2021 requesting
the removal of the outbuilding by 11 October 2021, the outbuilding remained in
place. An enforcement notice was issued on the occupier and the owner (Melville
Housing Association) on 13 September 2022, with a take effect date of 13 October
2022 and a five month compliance period.  The occupier appealed the enforcement
notice - a Scottish Government Reporter appointed to determine the appeal
dismissed it and upheld the enforcement notice. 
The Planning, Sustainable Growth and Investment Manager presented this report
outlining the main sections contained within the report.
Page 7 of 166

Page 8

Decision
The Planning Committee noted the enforcement notice appeal decision with regard
to the erection of an outbuilding in the side garden of 2 Conifer Road, Mayfield.
Action
The Planning, Sustainable Growth and Investment Manager 
Agenda No Report Title Submitted by:
5.5 Land South of Mayfield and East of
Newtongrange Report and Plans
(22/00027/PPP)
Chief Officer Place
Outline of report and summary of discussion
This report relates to the application for planning permission in principle for
residential development with associated neighbourhood retail, commercial and
leisure development and/or community facilities on land to the south of Mayfield
and east of Newtongrange, Crawlees Road, Gowkshill, Gorebridge (alternately
referred to as the South Mayfield or Lingerwood site). 
The Planning, Sustainable Growth and Investment Manager presented this report
to the committee outlining the main sections contained within the report. 
The Planning, Sustainable Growth and Investment Manager responded to concerns
raised with regards to this site merging Newtongrange, Gowkshill and Mayfield and
the possibility of coalescence.  He confirmed that the majority of the site was
allocated in 2003 and as this application does wrap round Mayfield Industrial Estate
it does link these but consideration was given to coalescence and it was judged to
be acceptable although there is the recognition of the connection to the existing
settlements.  He advised that the development will not go right up to boundaries
and there will also be green space, woodlands and open space throughout.  He
also confirmed that there was plans to improve the existing roads and also to
incorporate a bus route. 
Councillor Scott raised concerns with regards the proposed number of houses and
the capacity of the existing schools in the area and by continuing to approve these
developments without any acknowledgement for the need of a High School in
Gorebridge as part of the infrastructure required is against the MP4 policies which
emphasises an infrastructure first approach as part of the considerations. 
Continuing to approve these developments will have an extraordinary impact on the
Education provision required for Midlothian. 
During a lengthy discussion further comments were raised with regards to the
building material types and the character of the neighbourhood, Social Housing, the
impact if this development was refused, the concerns regarding Crawlees Road
and the road infrastructure, the abandoned railway as a possible dividing feature for
the area, developers contributions used to rejuvenate Mayfield Town Centre and a
Page 8 of 166

Page 9

division of the industrial area from the residential area.   Major concerns were also
highlighted with regards to the Infrastructure, the loss of natural green space, the
individual identities of the villages and the Education provision and the roads
infrastructure.   
The Planning, Sustainable Growth and Investment Manager in a further response 
advised that as this is still at the planning in principle stage and a lot of the details
have still to be agreed but he noted the concerns raised, he also confirmed there
was a 25% policy for social housing for this development.  He further advised that
due to the size of the site this will be done in phases over a period of time.
Councillor Curran, seconded by Councillor Pottinger moved to refuse the planning
application in principle. 
As an amendment Councillor Imrie, seconded by Councillor McKenzie moved to
grant the planning application in principle. 
On a vote being taken 4 voted for the Motion to refuse the planning application in
principle and 10 voted for the Amendment to grant the planning application in
principle, therefore this became the decision of the Committee. 
It was also noted that the 6 local Members would get in touch with the Planning
Officers to discuss any concerns.
Decision
The Planning Committee agreed that planning permission in principle is granted for
the following reasons:
The proposed development site is allocated for housing in the
Midlothian Local Development Plan 2017 (MLDP) where there is a
presumption in favour of an appropriate form of development. Whilst
the proposed development would deliver in excess of the indicative
residential unit capacity set out in the MLDP, the submitted EIA has
sufficiently demonstrated that the proposed level of development can
be achieved, subject to detailed design and subject to securing
developer contributions. The proposed ancillary neighbourhood retail,
commercial, leisure and community facilities are a welcome additions
and contribute to the provision of a sustainable community in
accordance with National Planning Framework 4. The presumption for
development is not outweighed by any other material considerations. 
Subject to the conditions as set out in the report.
Action
The Planning, Sustainable Growth and Investment Manager/Elected Members 
Councillor McEwan highlighted that he had received correspondence along with
other Councillors regarding the next application but had made no comments. 
Page 9 of 166

Page 10

Agenda No Report Title Submitted by:
5.6 Hamilton Waste, Eldin Industrial Estate,
Loanhead Report and Plans ( 22/00345/PPP)
Chief Officer Place
Outline of report and summary of discussion
This report relates to the application for a change of use of land to a waste transfer
site (comprising washer plant to clean and separate soils from waste, and a crusher
to break down stone, brick and rubble into aggregate) and the erection of
associated plant and machinery.  The site is a concrete surfaced yard at Eldin
Industrial Estate, Edgefield Road, Loanhead.
The Planning, Sustainable Growth and Investment Manager presented this report
to the committee outlining the main sections contained within the report. 
The Chair acknowledged that Councillor Parry had called this in therefore gave her
the opportunity to speak.  Councillor Parry declared that she had also received
communication regarding this application and advised that the reason for the call-in
was that it would adversely impact on the character of the area.  She also
highlighted some further concerns regarding the change of operating hours, the
impacts on Straiton pond and the wildlife, the proximity on safer routes to schools
and the number of recommendations received from communities and that some of
these had not been explored or commented on. 
The Planning, Sustainable Growth and Investment Manager responded to the
comments made advising that the all commercial vehicles would not go through
residential areas and there was a designated access route on the Edgefield relief
road.  He further responded to the concerns regarding Straiton pond wildlife and
that there was a programme to mitigate dust to keep it within the site and also
advised on the restrictions on the hours of operation.  Mr Oliver also advised that
regarding waste management and dust and this would be monitored by SEEPA.   
Further comments were made with regards to the proximity to housing and schools
but it was also acknowledged that there was a lot of conditions put in place to
address the concerns raised.   
Councillor Virgo, seconded by Councillor Winchester moved to grant permission
with the conditions as set out in the report. 
Councillor Parry, seconded by Councillor McCall moved to continue the application
to the next cycle to look at the conditions and also to arrange a site visit. 
In responding to Councillor Curran’s comments regarding the site and dust
suppression and the Planning, Sustainable Growth and Investment Manager
confirmed that the site was previously a waste transfer site and then a contractor’s
yard and that SEEPA would monitor the site in terms of compliance. 
Page 10 of 166

Page 11

On a vote being taken 7 voted for the Amendment to continue the application to the
next meeting and 9 voted for the Motion to grant planning permission therefore that
became the decision of the Committee.
Decision
The Planning Committee agreed that planning permission be granted for the
following reason:
The site forms part of the established economic land supply and the
proposed use is in keeping with the scale and character of the
surrounding industrial estate where there is a presumption in favour of
an appropriate form of development. Appropriate conditions will
ensure that the amenity of residential properties in the surrounding
area will be safeguarded. The proposal complies with the relevant
policies of the Development Plan and the presumption for
development is not outweighed by any other material considerations. 
Subject to the conditions as set out in the report.
Action
The Planning, Sustainable Growth and Investment Manager 
Councillor Parry left the meeting at 14.22 pm 
Agenda No Report Title Submitted by:
5.7 Land at Robertson Bank, Gorebridge Report
and Plans ( 20/00899/DPP)
Chief Officer Place
Outline of report and summary of discussion
This report relates to the application for the erection of 14 dwelling houses,
formation of access roads and car parking and associated works. The site is
situated to the south of Lady Brae, Gorebridge, and to the west of the Borders Rail
line.   
The Planning, Sustainable Growth and Investment Manager presented this report
to the committee outlining the main sections contained within the report. 
The Chair acknowledged that Councillor Scott had called this in therefore gave her
the opportunity to speak.  Councillor Scott declared that she had received
communication regarding this application but gave no opinion.  Councillor Scott
then went on to explain some of the dangers on some parts of Lady Brae and that
such a right turn would prove dangerous and did not in her opinion feel that this
was the best place for an entrance.  She further expanded on some of the other
reasons for her objection with regards to Education, flooding, the embankment and
the removal of substantial trees and highlighted there is also a historic tunnel which
has not been detailed in the report.  If this application was approved there is a need
for some calming measure on the bend before Lady Brae and if approved would it
be possible for a mechanism for the developers to pay for as slope monitor
insurance for any damage to residents properties.
Page 11 of 166

Page 12

The Planning, Sustainable Growth and Investment Manager advised that land
owners have a responsibility and if any damage is done to other land owners
properties there is a mechanism for this.  With regards to the slope there is a
presumption that the house builder will build units safely and responsibly.  He
responded to the comments with regards to Education and the entrance to the site
meets the visibility standards and according to their records there had been no
recorded accidents in the last 3 years.  He also advised that there would be a
mining an intrusive investigation and if a tunnel was there this would be discovered. 
Councillor Virgo, seconded by Councillor Winchester moved to grant planning
permission.
Decision
The Planning Committee agreed that planning permission be granted for the
following reason: 
The proposed development site will contribute to the sustainable
delivery of housing in compliance with the policies of National Planning
Framework 4 and is allocated for housing in the Midlothian Local
Development Plan 2017 (MLDP) where there is a presumption in favour
of an appropriate form of development. The proposed detailed scheme
of development in terms of its layout, form, design and landscape
framework is acceptable and as such accords with development plan
policies, subject to securing developer contributions.  The presumption
for development is not outweighed by any other material considerations. 
Subject to the conditions as set out in the report.
Action
The Planning, Sustainable Growth and Investment Manager 
Agenda No Report Title Submitted by:
5.8 Easthouses Primary School Report and Plans 
(22/00721/DPP)
Chief Officer Place
Outline of report and summary of discussion
This report relates to the application for the erection of a primary school and
nursery; formation of a multi-use games area (MUGA), car parking and associated
works on the northern part of the former Newbattle High School site, Easthouses
Road, Easthouses. 
The Planning, Sustainable Growth and Investment Manager presented this report
to the committee outlining the main sections contained within the report. 
Councillor Virgo, Seconded by Councillor Pottinger moved to grant planning
permission.
Page 12 of 166

Page 13

Councillor Pottinger commented on safer route to schools and the Chair advised
the Planning, Sustainable Growth and Investment Manager to pick this up with the
relevant Planning Officer to ensure that safer routes to school would be considered.
Decision
The Planning Committee agreed that planning permission is granted for the
following reason: 
The site is located within the settlement boundary of Easthouses and on
a site with an established educational and community use and as such
there is presumption in favour of an appropriate educational use
development. The proposed detailed scheme of development in terms of
its layout, form, design and landscape framework is acceptable and as
such accords with development plan policies. The presumption for
development is not outweighed by any other material considerations.
Subject to the conditions as set out 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 28 March 2023 at 1.00pm 
The meeting terminated at 14.36 pm 
Page 13 of 166

Page 14

Page 14 of 166

Page 15

Planning Committee
Tuesday 28 March 2023
Item No: 5.1  
TREE PRESERVATION ORDER (1 of 2022) AT PENTLAND LEA AND
THE FIRS, SEAFIELD ROAD, BILSTON
Report by Chief Officer Place
1 PURPOSE OF REPORT
1.1 This report seeks the Committee’s approval to confirm a Tree Preservation
Order (TPO) 1 of 2022 issued on 1 December 2022 for eight individual
trees (T1 - T8) and two groups of trees (G1 and G2) at Pentland Lea and
The Firs, Seafield Road, Bilston. 
2 BACKGROUND
2.1  At its meeting of 22 November 2022 the Committee determined to issue a
TPO regarding eight individual trees (T1 - T8) and two groups of trees (G1
and G2) at Pentland Lea and The Firs, Seafield Road, Bilston. 
2.2 The TPO was issued on the basis that a report regarding the confirmation
of the TPO, once the owner of the land and other interested parties have
had the opportunity to make comment, be reported to Committee for
consideration.  The following details of the case are set out in the 22
November 2022 Committee report attached as Appendix A: 
• Site location and description:
• Background and justification for issuing the TPO;
• Details of the TPO proposal;
• Location plan;
• Local development context plan; and
• Site photos
2.3 The TPO came into effect on 1 December 2022 and continues in force for
six months (until 1 June 2023) or until the Order is ‘confirmed’, which is the
process of making the TPO permanent (until it is removed).
2.4 Following the service of the TPO the landowners were given the
opportunity to make representation.  Furthermore, in accordance with the
Regulations, a notice was published in the Midlothian Advertiser and on
the Council’s website and the Roslin and Bilston Community Council were
also notified of the decision to issue the Tree Preservation Order and
invited to make a representation.  In addition a site notice was attached to
a nearby lamp post advising of the TPO and the consultation process.
Page 15 of 166

Page 16

Interested parties were given until 26 January 2023 to make
representations, this was extended to 10 February 2023 for the property
owner in response to a request from their agent.  Legislation requires that
a period of at least 28 days is made available for representation to be
submitted to the Council following a decision to make a Tree Preservation
Order. 
2.4 One representation on behalf of the landowner was received.
3 REPRESENTATIONS
3.1 The Council received one representation objecting to the issuing of a TPO,
dated 8 February 2023, on behalf of the owners of Pentland Lea and The
Firs. The representation is attached as Appendix B.
3.2 In summary, the objection considers the making of the TPO premature
given proposals for the potential re-development on the site are at a very
early stage (pre-application) and the surrounding area is undergoing
considerable change as a result of new development.  The key points
raised in the objection are set out below and are addressed in turn.
3.3 Objection Paragraph 14: ‘The owners consider that the TPO is not
appropriate as they have maintained the trees and landscaping at the site
for a considerable time and will continue to do so, in line with appropriate
redevelopment plans which were the subject of initial plans to prompt
discussion… The owners consider that the imposition of the TPO during
this process was unreasonable and unnecessary.’
3.4  Response:  It is understood that initial plans submitted as part of the pre-
application enquiry are intended for discussion and by no means final. 
However, the indicative site layout raised sufficient concerns for potential
tree loss and/or adverse effects on existing trees and their root systems, to
consider it expedient in the interest of amenity to make a TPO.  This does
not preclude any further discussions or the possibility of development on
the site.  The TPO gives greater tree protection as part of an assessment
of a development proposal, should one come forward.
3.5 Objection Paragraph 15: ‘The TPO incorrectly defines the site as it
includes land outside the Firs and Pentland Lea. It is understood that no
arboricultural assessment has been carried out to define the health and
appropriateness of trees identified in the TPO and accordingly the making
of the TPO is premature as it could protect trees that should not be
protected [for example sycamore trees and cherry trees].’
3.6 Response:  Trees on land adjoining the objector’s ownership boundary
were intentionally included within the TPO, as they contribute to visual
amenity of the adjoining properties at Corby Craig Avenue, and provide
screening and landscape softening within existing views and to any
potential future development at Pentland Lea and the Firs.  Whilst the trees
are within a different ownership, the effective extent of their roots
(generally described as a Root Protection Area) may still be affected by
Page 16 of 166

Page 17

any potential development on the objectors land.  The registered owner of
the adjoining land was notified of the making of the TPO.
3.7 There is no legal requirement for a tree survey to be carried out as part of
the TPO process, nor is there any prescription as to species that may or
may not warrant protection.  Although condition and retention span may be
taken into consideration, the deciding factor in making a TPO is whether it
is expedient in the interest of amenity and/or the tree warrants protection
based on its cultural or historic value.  
3.8 A tree survey and arboricultural impact assessment would generally need
to be submitted as part of any application for development affecting
existing trees.  The making of a TPO does not preclude development on
the site or works to trees where these may be required for sound
arboricultural management or safety reasons.  However, a ‘Work to Trees’
application would need to be submitted and consented by the planning
authority ahead of any works to trees protected by TPO, unless the
proposed tree works qualify for an exemption.    
3.9 Objection Paragraph 16: ‘The identified trees are not under threat from
development – as evidenced by the proper pre-application approach taken
by the owners towards the development of the area. Works could have
been carried out prior to the pre-application process and accordingly, the
owners are being adversely impacted by the actions of the council in this
matter. The trees outside the owners control, and which provide the
screening and visual impact referred to in the TPO and Tree Report would
be retained even if development were to proceed on site.’
3.10 Response:  As stated earlier, the indicative site layout raised sufficient
concerns for potential tree loss and/or adverse effects on existing trees
and their root systems, to consider it expedient to make a TPO.  This does
not prohibit any further discussion with regard to development on the site. 
Trees on adjoining land are included within the TPO, to safeguard them
from potential adverse effects on their roots and associated Root
Protection Areas and because of the contribution they make to local
amenity and green network.
3.11 Objection Paragraph 17: ‘Notwithstanding the reasons for the imposition
of the TPO, other trees of greater importance – i.e. the trees actually
adjoining the Bilston Burn, are not protected, which undermines the
reasons for this TPO.’
3.12  Response:  TPO 2 of 1999 is in place near the Firs, immediately south of
Seafield Road.  This was made in the context of residential development at
Seafield Cresent, to safeguard the surrounding framework of trees and
includes trees along the Bilston Burn and at the Seafield Road frontage. 
No other (imminent or perceived) threats have so far warranted the need
for additional TPOs within the Bilston Burn corridor near Pentland Lea and
The Firs. 
Page 17 of 166

Page 18

3.13 Objection Paragraph 18: ‘MDC should not retrospectively protect the
amenity of the area through the imposition of this TPO. Had such
protection been necessary, or had augmentation been required to provide
a meaningful screening and softening appearance, the correct approach
should have been through the requirement for additional planting as part of
the landscaping proposals for the new housing development..’.
3.14  Response: The TPO serves to protect mature trees and established
elements of planting that contribute to local character and amenity, in
tandem with newly established areas of open space and structure planting
that have been implemented as part of the adjoining developments.
4 PLANNING ISSUES
4.1  The individual trees and tree groups by means of their size, location and
character form a visually prominent and important landscape feature in the
local area.  The trees feature in views along Seafield Road and from
surrounding properties; adding to the setting and amenity of the area. They
contribute notably to the character of Seafield Road, whilst providing
screening, landscape softening and separation between new housing
developments. 
4.2 Within the wider landscape context, the trees contribute to the green
network in terms of supporting habitat and biodiversity within the adjoining
Bilston Burn corridor, and maintaining connectivity with planned green
spaces in allocated housing site Hs16 (Phase 3) to the north, as well as
the rural landscape that lies beyond (as illustrated in the attached
masterplan. 
4.3 The trees form part of the landscape character of the area and contribute
to the local green network.  The issuing of a TPO will be an important tool
in protecting the trees aiding in the preservation of local amenity,
biodiversity and habitat connectivity.
5 PROCEDURES
5.1 The provision for issuing a Tree Preservation Order is set out in the Town
and Country Planning (Scotland) Act 1997, as amended by the Planning
etc. (Scotland) Act 2006, and the Town and Country Planning (Tree
Preservation Order and Trees in Conservation Areas) (Scotland)
Regulations 2010.  A planning authority may make a Tree Preservation
Order if it appears to them to be “expedient in the interest of amenity
and/or that the trees, groups of trees or woodlands are of cultural or
historic significance” (Scottish Government Planning Circular 1/2011: Tree
Preservation Orders).  The TPO subject of this report has been made on
amenity grounds.
5.2 The TPO will continue to remain in effect to the end of the six month period
(ending 1 June 2023).  If the local planning authority wishes the TPO to
stay in effect beyond the six months it must ‘confirm’ the order. 
Page 18 of 166

Page 19

5.3     To ‘confirm’ the Order the LPA must register the TPO in the Land Registry
of Scotland, place a copy on its own TPO register and notify Scottish
Forestry (previously the Forestry Commission Scotland), interested
persons and any person who has made a representation (in this case no
representations were received).
6 RECOMMENDATION
6.1 It is recommended that Committee:
a) Confirm the Tree Preservation Order (1 of 2022) for eight individual
trees (T1 – T8) and two groups of trees (G1 and G2) at Pentland Lea
and The Firs, Seafield Road, Bilston; and
b) Instruct the Planning, Sustainable Growth and Investment Service
Manager to carry out the necessary procedures, following confirmation
and endorsement of a tree preservation order, that are required by the
Town and Country Planning (Scotland) Act 1997, as amended by the
Planning etc. (Scotland) Act 2006 and the Town and Country Planning
(Tree Preservation Order and Trees in Conservation Areas) (Scotland)
Regulations 2010.
Peter Arnsdorf
Planning, Sustainable Growth and Investment Manager
Date:   20 March 2023
Contact Person: Grant Ballantine
grant.ballantine@midlothian.gov.uk
Background Papers: November 2022 Committee Report (attached)
Page 19 of 166

Page 20

PLANNING COMMITTEE
22 NOVEMBER 2022
ITEM NO
TREE PRESERVATION ORDER REGARDING TREES AT PENTLAND LEA
AND THE FIRS, SEAFIELD ROAD, BILSTON
Report by Chief Officer Place
1 PURPOSE OF REPORT
1.1 This report seeks the Committee’s approval to issue a Tree
Preservation Order (TPO) on eight individual trees and two groups of
trees located at Pentland Lea and The Firs, Seafield Road, Bilston. 
2 LOCATION AND SITE DESCRIPTION
2.1 Pentland Lea and The Firs are located north of Seafield Road, in an
area of Bilston that is changing as a consequence of recent and ongoing
housing development.  The properties adjoin the western extent of the
recently completed Corby Craig development (allocated housing site
h56) and are bound to the north and west by new housing at Pentland
Green (allocated housing site Hs16).  The Bilston Burn corridor extends
in close proximity to the south; on the opposite side of Seafield Road.  
2.2 The trees are growing within the grounds surrounding the existing
dwellinghouses and outbuildings at Pentland Lea and The Firs, and on a
strip of land immediately adjoining, between the boundary of The Firs
and neighbouring properties at Corby Craig Avenue.  The trees are
mostly located along the property boundaries; with groups of trees and
individual specimens providing amenity value and screening.
3     BACKGROUND
3.1 Planning permission (18/00679/PPP) has been granted for a
dwellinghouse on land to the north west of Pentland Lea, Seafield Road
Bilston, but has not been implemented, this permission expires 31
March 2023 (the house would be sited between proposed TPO T1 and
T2 shown on the location plan attached to this report).  Subsequent to
this application the owner of Pentland Lea and The Firs, Seafield Road,
Bilston has been in discussion with Planning Officers regarding a
potential residential development of 13 dwellinghouses on the site of the
two properties (Pentland Lea would be retained, but The Firs would be
demolished) – as part of the applicant’s plans they are proposing to
remove the trees subject to the TPO consideration. 
Appendix A
Page 20 of 166

Page 21

4  PROPOSAL
4.1      It is proposed to issue a Tree Preservation Order (TPO) covering eight
individual trees and two tree groups as shown on the attached location
plan and in the attached photographs and as described below: 
4.2     The eight individual trees are all broadleaf species, located along
property boundaries and comprise:
• A Beech tree (T1) marks the western boundary of Pentland Lea;
• A Norway Maple tree (T2) and Sycamore tree (T3) punctuate the
driveway at Pentland Lea and marks the boundary with The Firs;
• An Alder tree (T4), Ash tree (T5) and Sycamore tree (T6) form a row
along the north eastern boundary of The Firs;
• A Cherry tree (T7) marks the access to The Firs and punctuates the
boundary with Seafield Road; and
• A Sycamore tree (T8) marks the driveway access to Pentland Lea.
4.3 Tree Group 1 (G1) comprises mature mixed species within the front
gardens of Pentland Lea.  The trees are clustered near the southern
property boundary with Seafield Road and provide screening to the
main dwellinghouse.  As a group, the trees contribute notably to local
amenity and the character of Seafield Road.  The mix of species
supports habitat and local biodiversity; adding to the mix of species
found within the Bilston Burn corridor; which extends on the opposite
side of Seafield Road.  The group includes Birch, Larch, Beech, Norway
Maple, Yew, Holly and Cherry.
4.4 Tree Group 2 (G2) comprises broadleaf species located along the
eastern boundary of the Firs.  The trees were most likely planted at the
time that the dwelling at The Firs was built in order to provide screening;
and continues to perform that role whilst providing relief and separation
from recent housing at Corby Craig Avenue.  This group consists of
Sycamore, Whitebeam and Rowan. 
4.5 The large mature Ash tree east of the dwellinghouse at Pentland Lea is
not included in this proposal.  It is evident that the tree is suffering from
Ash Dieback Disease and although speed of decline varies; due to its
likely retention span it is not considered suitable for a TPO.
5        PROCEDURES
5.1  The provision for issuing a Tree Preservation Order is set out in the
Town and Country Planning (Scotland) Act 1997, as amended by the
Planning etc. (Scotland) Act 2006 and the Town and Country Planning
(Tree Preservation Order and Trees in Conservation Areas) (Scotland)
Regulations 2010. A planning authority may make a TPO if it appears to
them to be “expedient in the interest of amenity and/or that the trees,
groups of trees or woodlands are of cultural or historic significance”
(Scottish Government Planning Circular 1/2011: Tree Preservation
Orders).
Page 21 of 166

Page 22

5.2 Following the service of a TPO the owner of the land and other
interested parties have the opportunity to make representation.  
However there is no right of appeal against a Tree Preservation Order.
5.3 The TPO shall be in effect for six months, during which time
representations from the owner of the land and other interested parties
will be considered.  If the local planning authority wishes the TPO to
stay in effect beyond the six months it must ‘confirm’ the order.
6 PLANNING ISSUES
6.1 The individual trees and tree groups by means of their size, location and
character form a visually prominent and important landscape feature in
the local area.  The trees feature in views along Seafield Road and from
surrounding properties; adding to the setting and amenity of the area.
They contribute notably to the character of Seafield Road, whilst
providing screening, landscape softening and separation between new
housing developments. 
6.2 Within the wider landscape context, the trees contribute to the green
network in terms of supporting habitat and biodiversity within the
adjoining Bilston Burn corridor, and maintaining connectivity with
planned green spaces in allocated housing site Hs16 (Phase 3) to the
north, as well as the rural landscape that lies beyond (as illustrated in
the attached masterplan. 
6.3 The trees form part of the landscape character of the area and
contribute to the local green network.  The issuing of a TPO will be an
important tool in protecting the trees aiding in the preservation of local
amenity, biodiversity and habitat connectivity.
7 RECOMMENDATION
7.1 It is recommended that the Committee:
a) Agree to the issuing of a TPO to protect the identified trees at
Pentland Lea and The Firs, Seafield Road, Bilston; and
b) Agree to receive a further report to consider confirming the TPO
once the owner(s) of the land and other interested parties have had
the opportunity to make comment.
Peter Arnsdorf
Planning, Sustainable Growth and Investment Manager
Date:   11 November 2022 
Contact Person: Grant Ballantine
grant.ballantine@midlothian.gov.uk
Background Papers: Site location plan and site photographs
Page 22 of 166

Page 23

LOCATION PLAN 
MIDLOTHIAN COUNCIL PROPOSED TREE PRESERVATION ORDER 
PENTLAND LEA AND THE FIRS, SEAFIELD ROAD, BILSTON
Pentland Lea and The Firs, Seafield Road, Bilston
Proposed Tree Preservation Order 1 of 2022
Page 23 of 166

Page 24

LOCAL DEVELOPMENT CONTEXT
MIDLOTHIAN COUNCIL PROPOSED TREE PRESERVATION ORDER
PENTLAND LEA AND THE FIRS, SEAFIELD ROAD, BILSTON
Hs16 MASTERPLAN
Bilston
Burn
Preapp site
22/00477/PREAPP
Page 24 of 166

Page 25

SITE PHOTOS 
MIDLOTHIAN COUNCIL PROPOSED TREE PRESERVATION ORDER
PENTLAND LEA AND THE FIRS, SEAFIELD ROAD, BILSTON 
View in approach along Seafield Road (travelling east)
View in approach along Seafield Road (travelling west)
T1
G1
T2 & T3 T7
G2
G1
Page 25 of 166

Page 26

View north west towards Pentland Lea from Bilston Burn footbridge
View north towards The Firs from Bilston Burn footbridge
T8
G1
T8
T7
Page 26 of 166

Page 27

View south towards dwelling at The Firs from vacant land
View south west towards dwelling at The Firs from vacant land
T3 T2
T4
T5 T6
G2
Page 27 of 166

Page 28

Scott Hobbs Planning    1  
0131 226 7225
info@scotthobbsplanning.com
www.scotthobbsplanning.com 
24a Stafford Street 
Edinburgh
EH3 7BD
08 February 2023
Tree Preservation Order No 1 (2002) 
Land at Pentland Lea and The Firs, Seafield Road, Bilston
Representation on behalf of Mr S Tiffney and Mr J Tiffney
Introduction
1. On 1 December 2022, Midlothian Council [MDC] issued a letter enclosing a Notice of the Making of a
Tree Preservation Order no 1 (2022) [TPO], served on Mrs and Mrs Tiffney of Pentland Lea and Mr and
Mrs Tiffney [the owners] of The Firs, Seafield Road, Bilston [the site].
2. This representation is on behalf of those recipients, who are the owners of part of the land to which the
TPO relates, and it one of objection to the TPO. The reasons for objection are set out below. It is
submitted by the 10 February 2023 deadline, as agreed in writing with MDC. 
Background
3. The site comprises two detached houses with outbuildings set within relatively spacious grounds, both
houses being set back from the frontage onto Seafield Road and with large rear gardens. Until recently
the properties were surrounded by agricultural land, comprising fields with hedgerow and mature trees.
4. Over the recent past the context of the site has changed significantly – from semi-rural to modern urban
due to the erection of a significant amount of housing. The site is now surrounded on three sides by
modern housing estate, with some new landscaping which will become established over time.
Notwithstanding this change, the owners have continued to manage their land including retention of the
trees. 
Source Google Maps [from 2008] 
Appendix B
Page 28 of 166

Page 29

Scott Hobbs Planning   2 
Source Google Maps [from 2022] 
Pre-Application Submission
5. As the site is wholly contained within the settlement of Bilston which now has an urban character and
form, on 24 June 2022, a pre-application submission was made to MDC to discuss the potential for
residential development at the site. An illustrative layout was shown, diagrammatically indicating how
development could take place, on a site within the built area and identifying the potential to optimise
opportunities, in the interests of sustainability (ie reduction of green field release) to prompt discussion
regarding the site. No works have been carried out to the trees and it has not been the owner’s
intentions to carryout any works, pending the discussion with MDC.
6. Some 10 weeks later, on 6 September 2023, the case officer visited the site and then no further contact
was made until the issuing of the TPO came to the owners attention on 4 December 2022, more than 5
months after first pre-application submission. On 23 December 2022, 6 months after the pre-application
submission, the case officer issued the response (copy email attached as Appendix 1). The owner’s
considered that a more reasonable approach would have been to enter into dialogue between the two
parties, noting that no reference is made to the TPO in the pre-application response although it is stated
that ‘the removal of trees should be avoided’.  
7. It is noted that the report into the proposed making of the TPO (dated 22 November 2022 – referred to
below as ‘the TPO report’) states that ‘as part of the applicant’s plans they are proposing to remove the
trees subject to the TPO consideration’. It must be noted that the pre-application, as described above
was submitted prior to consideration of the TPO’s and the purpose of the pre-application was to
promote discussion regarding development. At no time have the owners stated that the trees would be
removed, which is evidenced by the fact that no works were carried out to the trees whilst not
controlled.
8. It should also be noted that the TPO report refers to all trees the subject of the TPO being identified as
being lost – this is not correct (see below). 
Page 29 of 166

Page 30

Scott Hobbs Planning   3 
The TPO
9. The unsigned TPO received by an owner is dated 1 December and relates to 8 trees and 2 groups of
trees. The trees appear to be indicatively identified on the accompanying plan and it appears that :
T1 Beech  Pentland Lea
T2 Norway Maple  Pentland Lea or The Firs
T3 Sycamore  Pentland Lea or The Firs
T4 Alder  Not on site but on adjoining land
T5 Ash  Not on site but on adjoining land
T6 Sycamore  Not on site but on adjoining land
T7 Cherry  Pentland Lea
T8  Sycamore  Pentland Lea or The Firs
G1 Birch, Larch, Beech, Norway Maple,          Pentland Lea 
Yew, Holly, Cherry
G2 Sycamore, Whitebeam, Rowan  Not on site but on adjoining land
10. As noted in the TPO report, three individual trees (T4, T5 and T6) and Group G2 are not within the site
and would not, therefore, be under threat from development even if the site were to be developed.
Those trees can be covered by TPO will continue to provide the noted screening, relief and separation.
11. It appears that the TPO is not substantiated by topographical survey and aboricultural report to properly
consider the health and appropriateness of the trees for protection, reference only being made to the
health of one Ash tree on site (excluded from the TPO). It is considered that such health and
appropriateness for protection should be carried out prior to making any decision to subject the trees
(and therefore owners) to the constraints of a TPO.
12. The stated reason for the making of the TPO is that ‘the trees contribute notably to the character of
Seafield Road, whilst providing screening, landscape softening and separation between housing
developments. The trees feature in views along Seafield Road, adding to the setting and amenity of the
area. Within the wider landscape context, the trees contribute to the green network in terms of
supporting habitat and biodiversity within the adjoining Bilston Burn corridor, and maintaining
connectivity with planned green spaces in allocated housing site Hs16 and the rural landscape beyond.
Mature boundary trees are a defining feature of the area. Should the trees be felled it would have a
detrimental impact on local amenity, biodiversity and habitat connectivity.’.
13. Notwithstanding the above comments, it is noted that there are few trees subject to TPO in the area
and adjoining the burn, despite those trees providing significantly greater impact in the visual amenity of
the area. It is unclear why those trees are not considered to be sufficiently important to warrant
protection. 
Page 30 of 166

Page 31

Scott Hobbs Planning   4 
Source : MDC TPO Planning Portal – confirmed TPO indicated 
Representations
14. The owners consider that the TPO is not appropriate as they have maintained the trees and
landscaping at the site for a considerable time and will continue to do so, in line with appropriate
redevelopment plans which were the subject of initial plans to prompt discussion through pre-
application submission only, which it is considered is the proper approach to development proposals.
The owners consider that the imposition of the TPO during this process was unreasonable and
unnecessary. It is requested that the TPO is not confirmed for the reasons expressed below.
15. The TPO incorrectly defines the site as it includes land outside the Firs and Pentland Lea. It is
understood that no arboricultural assessment has been carried out to define the health and
appropriateness of trees identified in the TPO and accordingly  the making of the TPO is premature as
it could protect trees that should not be protected [for example sycamore trees and cherry trees]
16. The identified trees are not under threat from development – as evidenced by the proper pre-application
approach taken by the owners towards the development of the area. Works could have been carried
out prior to the pre-application process and accordingly, the owners are being adversely impacted by
the actions of the council in this matter. The trees outside the owners control, and which provide the
screening and visual impact referred to in the TPO and Tree Report would be retained even if
development were to proceed on site.
17. Notwithstanding the reasons for the imposition of the TPO, other trees of greater importance – i.e. the
trees actually adjoining the Bilston Burn, are not protected, which undermines the reasons for this TPO.
Those trees to the south side of Seafield Road (right-hand in picture extracts below) provide greater
contribution to the street scene and even if there were any loss of the frontage trees at the site, such
open area would be in keeping with Bilston, as now developing and evolving, on this side of Seafield
Road
Page 31 of 166

Page 32

Scott Hobbs Planning   5 
Source : Google Maps 2022 
18. MDC should not retrospectively protect the amenity of the area through the imposition of this TPO. Had
such protection been necessary, or had augmentation been required to provide a meaningful screening
and softening appearance, the correct approach should have been through the requirement for
additional planting as part of the landscaping proposals for the new housing development – it is not the
responsibility of the owners to now ensure the protection of amenity. 
19. It is clear from the reasoning for the TPO that MDC considers the trees add to the ‘screening,
landscape softening and separation between housing developments’ yet this was not a material
consideration in determining the housing developments, despite policy in the MLDP requiring
landscaping for development proposals [for example DEV 5 Sustainability in New Developments, DEV
6 Layout and Design of New Developments, DEV 7 Landscaping in New Development]. Residential
amenity was assessed, and the trees were not identified as being important to amenity, the Handling
report stating ‘8.12 All of the proposed buildings are sufficiently distanced from existing neighbouring
houses so as not to give rise to any demonstrable harm to their residential amenity in terms of loss of
daylight, loss of sunlight or overlooking. There would be no significant harm to the amenity of any
existing neighbouring property from the proposed development.’
20. Planning permission in principle has been granted for a house on the site, due to expire on 31 March
2023. In the consideration of that application, the Handling reports states that : The land to the west and
further north has been allocated for housing with a permission recently granted. The approved site plan
for this housing site shows houses to the west backing onto the current application site. There is
sufficient distance between the two sites to ensure no overlooking or impact on privacy between the
properties’. The separation of the houses is therefore sufficient, without the need for the screening the
trees provide.
21. The Proposals Map of the MLDP does not identify the Bilston Burn in this location as being important
for open space or amenity and it is not identified as an important green network. Even if the trees were
Page 32 of 166

Page 33

Scott Hobbs Planning   6 
to be removed, the SuDs pond for the major housing development lies to the immediate west, which
provides for green network to the Bilston Burn. 
Source : Extract MDLP Proposals Map 
Conclusions
22. The owners of the site who have been served Notice regarding the TPO consider that it is not
appropriate for the trees to be protected at this time, pending discussion regarding the potential
redevelopment of the area. The trees are not under threat and whilst provide a degree of maturity to the
landscaping in the area, they are by no means the most important landscaping  in the area - that is
afforded by the planting on the Bilston Burn and to the south of Seafield Road, which the Council
recognises as important but has not protected.
23. Bilston is in the process of considerable change, and it is clear from inspection of the redeveloped area
that MDC has not sought considerable frontage planting to Seafield Road, and that the existing trees
are not necessary to protect visual or residential amenity. The green network to Bilston Burn is retained
via the SuDs area to the recent housing development, which is a permanent feature. 
24. It is requested that :
 the TPO is not confirmed as it is premature, unjustified and unnecessary and 
 MDC continues its discussion regarding the potential for the redevelopment of the site, with
which detail, as expressed in the pre-application response, the owners are generally intending to
comply.  
Page 33 of 166

Page 34

Scott Hobbs Planning   7 
Appendix 1 Pre-Application Email Response 
From: Whitney Lindsay <Whitney.Lindsay@midlothian.gov.uk> 
Sent: 23 December 2022 11:59
To: Rory Gibson <Rory.Gibson@RoryGibsonArchitects.co.uk>
Subject: 22/00477/PREAPP - Land At Pentlandlea and The Firs, Seafield Road 
Afternoon Rory, 
Apologies for the delay in providing a pre-application response. 
Pre-application Enquiry for the Erection of 13 dwellinghouses at land at Pentlandlea and The Firs,
Seafield Road 
I refer to your pre-application enquiry regarding the Erection of 13 dwellinghouses at land at Pentlandlea and
The Firs, Seafield Road 
Planning policy currently comprises National Planning Framework 3 and Scottish Planning Policy, SESPlan
and the adopted Midlothian Local Development Plan 2017. On 8 November the Revised Draft National
Planning Framework 4 was submitted to the Scottish Parliament for approval along with an Explanatory
Report that outlines the changes from Draft NPF4 to the Revised Draft. The Planning Act requires that NPF4
must be approved by the Scottish Parliament before it can be adopted by Scottish Ministers.  On adoption the
provisions in the Planning Act will commence to make NPF4 part of the statutory development plan. The
existing National Planning Framework 3 and Scottish Planning Policy remain in place until NPF4 has been
adopted by Scottish Ministers. As the Revised Draft NPF4 is at an advanced stage and represents the settled
view of the Scottish Government in terms of its planning policy it is a material consideration of significant
weight in the assessment of the application. 
I can advise that, for planning purposes, the site is located in an area covered by the Midlothian Local
Development Plan 2017. This local development plan was adopted in 2017 and contains the policies against
which planning decisions are made in this local authority area. The main relevant planning policies are DEV2:
protecting Amenity within the Built-Up Area, DEV5: Sustainability in New Development, DEV6: Layout and
Design of New Development, DEV7: Landscaping in New Development, TRAN5: Electric Vehicle Charging an
ENV11: Woodland Trees and Hedges. The application site is sandwiched between two allocated housing
sites; Hs16 and h56. The full text for these policies can be found in the local plan document which is available
via the Council’s online planning pages. 
You are seeking advice in relation to your proposal for the a residential development which comprises of the
following: 
 Erection of 13 dwellinghouses 
Page 34 of 166

Page 35

Scott Hobbs Planning   8 
As the application site is located within the built-up area there is a presumption in favour of development that
complies with the relevant policies of the adopted Midlothian Local Development Plan 2017, and would not
have a detrimental impact on the character or amenity of the surrounding area. The main considerations in the
assessment of the current proposal is the impact upon the character and appearance of the area,  residential
amenity, impact upon neighbour amenity, parking and road safety, drainage, protected species and trees. 
Whilst the principal of a residential development may be acceptable at the application site, I do have some
concerns regarding the density of the proposal. The application site relates to a narrow rectangular plot of
land that is host to two existing dwellinghouses that are sandwiched between residential developments. The
proposed layout does not visually connect or relate to the surrounding developments or the layout of the area. 
It is considered that there is scope for a small residential development at the application site as, however, this
should avoid the loss of mature trees and siting of dwellinghouses to the front of the existing dwellinghouses.
There should also be some sort of landscaping buffer/planting along the eastern boundary of the site so retain
the Bilston Burn Corridor. Any revised proposals should look at incorporating the existing trees into the layout
and utilise them to enhance the development. 
In terms of roads and drainage, it is noted that the Councils Policy and Road Safety Manager offered no
objection in principle to this proposal but noted that the following issues  would require to be addressed at any
detailed design stage : 
1. The minimum requirement for an adoptable access road would be 5.5m wide with a 2m wide
footway on one side and a 2m wide grass verge / service strip on the other. Given the limited traffic
flows the access could be formed as a 5.5m wide ‘shared surface’ with a 2m wide grass verge /
service strip on both sides if required.
2. The existing grass verge over the site frontage would require to be changed to a 2m wide public
footway with any redundant access points being infilled.
3. Details of the new access and its driver visibility splay would be required and any alterations
required to the traffic calming features / zebra crossings over the site frontage.
4. Details of the proposed surface water management strategy would be required to ensure that any
development did not result in an  increase in flooding risk in the local area. 
It is noted that policy DP2 Development Guidelines, from the now superseded 2008 Midlothian Local Plan,
sets out the Development Guidelines that are to be applied for residential developments. The policy indicates
the standards that should be applied when considering applications for dwellings. The guidance set out within
this policy has been successfully applied to development proposals throughout Midlothian and will be reflected
within the Council’s Supplementary Guidance (SG) on Quality of Place which is currently being drafted. 
The impact upon neighbouring amenity would need to be assessed in terms of impact of the development
overall upon neighbouring properties in terms of overlooking, overshadowing, overbearing, outlook,
daylighting etc… Furthermore, each dwelling would need to be afforded an acceptable level of amenity in
terms of outlook, daylighting, privacy etc..   
Page 35 of 166

Page 36

Scott Hobbs Planning   9 
It is noted that there are a number of trees in and around the site, therefore a tree survey, Arboricultural
Impact Assessment and tree retention/removal plan should be carried out and the removal of trees should be
avoided. 
As there are trees in an around the site along with existing buildings on site, an ecology/bat survey is likely
to  be required. 
It is noted that site investigations are also likely to be required – in terms of planning, if permission was
granted this could be conditioned. 
There would also be a requirement for developer contributions – if you could provide a breakdown of how
many bedrooms each dwelling will have, then I could arrange for a rough figure to be calculated. 
Overall, it is considered that the principal of the residential development could be supported by the Planning
Authority, as long as the development is reduced in density and is of a high quality that positively contributes
and enhances the character, appearance and setting of the area and retains the trees to the front of the
existing dwellinghouses/site as well as complying with the relevant policies of the adopted Midlothian Local
Development Plan 2017, and would not have a detrimental impact on the character or amenity of the
surrounding area. 
Please note that the above comments are made on an informal basis only and are consequently not binding
on the Council. Should a formal planning application be submitted other matters may be raised by third parties
and consultees which are pertinent to the proposed development. 
I would also advise that any future planning applications may be the subject of consultations with other
relevant bodies/agencies. 
Should you still wish to submit a planning application, you will be able to locate the relevant application forms
via the Council’s online planning pages: https://www.eplanning.scot/ePlanningClient/ 
Should you have any further questions, please do not hesitate to get in contact. 
Kind regards, 
Whitney 
Whitney Lindsay
Planning Officer - Local Developments
Planning, Sustainable Growth and Investment Service
Page 36 of 166

Page 37

Scott Hobbs Planning   10 
Place Directorate 
Midlothian Council
Fairfield House
8 Lothian Road
Dalkeith
EH22 3ZN 
whitney.lindsay@midlothian.gov.uk 
Page 37 of 166

Page 38

Page 38 of 166

Page 39

Planning Committee
Tuesday 28 March 2023
Item No: 5.2
NON COMPLIANCE WITH THE REQUIREMENTS OF AN ENFORCEMENT
NOTICE REGARDING THE ERECTION OF A GARAGE AND SUN ROOM
AT 1 LAUREL BANK ROAD, MAYFIELD.
Report by Chief Officer Place
1 REPORT SUMMARY AND RECOMMENDATION
1.1 This report relates to the non-compliance with the requirements of
an enforcement notice served by the Council pursuant to Section
127 of the Town and Country Planning (Scotland) Act 1997, as
amended, with regard the erection of a building comprising a
garage and sun room at 1 Laurel Bank Road, Mayfield.
1.2 The enforcement notice required the dismantling of an
unauthorised building that comprises a garage and sun room and
to also remove the dismantled materials from the site.  None of
these steps have been taken, either by the enforcement notice
compliance date of 23 November 2022 or to date (at the time of
drafting this report).  Non-compliance with an enforcement notice
constitutes an offence. 
1.3 This report recommends that the Committee instruct the Planning,
Sustainable Growth and Investment Manager to refer the case to
the Crown Office and Procurator Fiscal Service for consideration
to be given to prosecutorial action in relation to the parties who
have breached the enforcement notice, pursuant to Section 136 of
the Town and Country Planning (Scotland) Act 1997.  The
maximum penalty on successful prosecution is a fine of up to
£50,000 per offence. 
2 BACKGROUND
2.1 A retrospective planning application (19/00687/DPP) for the erection of
garage, sun room and decking (retrospective) at 1 Laurel Bank Road,
Mayfield was refused 13 September 2019 and a subsequent notice of
review was dismissed by the Local Review Body (LRB) at its meeting
of 18 February 2020.  The planning application was refused and
subsequent review dismissed for the following reasons:
1 As a result of a combination of its forward projection, design and
materials the building appears as an incongruous feature out of
Page 39 of 166

Page 40

keeping with the character of the original house at the
application property and has a detrimental impact on the visual
amenity of the surrounding area. 
2 For the above reason the proposal is contrary to policy DEV2 of
the adopted Midlothian Local Development Plan 2017 which
seeks to protect the character and amenity of the built-up area. 
2.2 Despite the refusal of planning permission and the LRB decision to
dismiss the review the property owner had not taken action to remedy
the breach of planning control and the unauthorised building remained
in situ and as such an enforcement notice was issued 17 February
2022, with a take effect date of 23 March 2022 and a five month
compliance period.  A copy of the enforcement notice is attached to
this report as Appendix A.  The enforcement notice required the
property owner to: 
1. Dismantle the building that houses the unauthorised garage and
sun room; and 
2. Remove all dismantled materials permanently from the land subject
of this notice. 
2.3 Although the decking does not have the benefit of planning permission
it is considered to be acceptable in planning terms and as such it was
considered not to be expedient to require its removal as part of the
enforcement notice.  The reason to refuse the retrospective planning
application did not include reference to the decking. 
2.4 The property owners appealed the enforcement notice - a Scottish
Government Reporter appointed to determine the appeal dismissed it
and upheld the enforcement notice.  A copy of the appeal decision is
attached as Appendix B.  As a consequence of the appeal the
compliance period is extended to 23 November 2022 (five months after
the appeal decision). 
2.5 In reaching the decision the Reporter confirmed that a breach of
planning control had taken place onsite as alleged and that the
proposed steps to address the breach of planning control were not
excessive. 
2.6 Because of the nature and scale of the breach of planning control,
rather than recommending referral to the Crown Office and Procurator
Fiscal Service (COPFS) as a financial punitive step the Council issued
a Fixed Penalty Notice on 24 January 2023 as an alternative course of
action to see if this would resolve the breach of planning control. 
2.7 Section 136A of the Town and Country Planning (Scotland) Act 1997
as amended provides that a local planning authority may serve a Fixed
Penalty Notice (FPN) if it is identified that a person is in breach of a
valid enforcement notice.  A FPN requires a fine of £2,000 to be paid
(reduced by a quarter if paid within 5 days of being issued) as an
Page 40 of 166

Page 41

alternative to prosecutorial action.  The issuing of a FPN precludes
other prosecutorial action if it is paid within 30 days.  The FPN has not
been paid. 
2.8 During a site inspection by a Council officer in early March 2023 it was
established that none of the enforcement notice requirements had
been complied with by the required date (see photographs attached as
Appendix C).   The land owners have formally been informed that as
the FPN has not been complied with and the enforcement notice has
also not been complied with, that being an offence, the matter would be
referred to the Committee for consideration of prosecutorial action. 
3 THE LEGISLATIVE POSITION 
3.1  It is not a criminal offence for development to take place without the
requisite planning permission, but it is an offence to fail to comply with
an enforcement notice.  There is a 6 month period from the date of the
offence occurring (that is the date by which the notice should have
been complied with, not the date from which the breach of planning
control occurred) in which a prosecution could be potentially brought. 
3.2 In Scotland the Crown Office and Procurator Fiscal Service (COPFS)
are responsible for making decisions about prosecutorial actions.  In
the majority of instances, criminal offences are referred to COPFS by
Police Scotland.  However, other bodies who are the responsible
regulatory organisation for particular legislative areas will also refer
cases.  This includes the Health and Safety Executive, the Scottish
Environmental Protection Agency and local authorities in relation to
planning and other matters. 
3.3 It should be noted that failure to comply with an enforcement notice is
not only an offence, it is also a continuing offence should a prosecution
be successfully brought, a conviction secured and the enforcement
notice requirements remain outstanding.  For example, if  non-
compliance with the enforcement notice requirements continued for a
further month after conviction that would be a further 31/30 offences
occurring which would bring further potential implications for a
defendant in terms of further potential convictions, criminal records and
levels of fines. 
3.4 The Town and Country Planning (Scotland) 1997 Act provides that “In
determining the amount of any fine to be imposed on a person
convicted of an offence under this section, the court shall in particular
have regard to any financial benefit which has accrued or appears
likely to accrue to him in consequence of the offence” 
3.5 The failure to comply with an enforcement notice is clearly regarded as
a serious matter and understandably so by the Scottish Ministers
because of its implications for the integrity of the planning system and
indeed in relation to the upholding of the rule of law.  The Planning
Page 41 of 166

Page 42

(Scotland) Act 2019 which has now been enacted specifically provided
for the increasing of fines for a number of enforcement related matters. 
In relation to enforcement notices the level of fine on successful
prosecution has increased from a maximum of £20,000 to £50,000.   
4 OTHER CONSIDERATIONS 
4.1 The Scottish Government Policy on planning enforcement is contained
in Circular 10/2009: Planning Enforcement.  It includes the following
guidance that is particularly relevant to the consideration of this case : 
“Planning authorities should bear in mind the statutory time limits for
taking enforcement action and, in particular, the possibility that a
referral to the Procurator Fiscal to determine whether to initiate a
criminal prosecution may need to be made promptly in those cases
where breaches have to be prosecuted within 6 months of the date on
which the offence was committed. This is not the date of the alleged
breach of planning control but the last date of failure to comply with the
Notice requiring the breach to be remedied.” 
“The integrity of the development management process depends upon
the planning authority's readiness to take effective enforcement action
when necessary. Public respect for the development management
system is undermined if unauthorised development, which is
unacceptable on its planning merits, is allowed to proceed without any
apparent attempt by the planning authority to intervene before serious
harm to amenity results from the breach.” 
5.       CONCLUSION 
5.1 The responsibility of the outstanding breach of planning control lies
with the landowners who decided to erect the unauthorised building
without the benefit of planning permission.  All of the unauthorised
development which is the subject of the enforcement notice remains on
site in breach of the enforcement notice requirements.  The
unauthorised development has been the subject of public complaint. 
5.2  It is for COPFS to make the final decision with regard prosecutorial
action against the non-compliance with an enforcement notice.  In this
case, unauthorised development has been carried out which does not
have the benefit of planning permission.  A planning application for the
erection of garage, sun room and decking (retrospective) at 1 Laurel
Bank Road, Mayfield was refused and a subsequent notice of review
was dismissed by the Council’s LRB.  The Council has lawfully served
an enforcement notice in relation to unauthorised developments and
that notice has been upheld on appeal by the Scottish Ministers.  The
notice has not been complied with within the period specified by the
notice.  It is an offence for an enforcement notice not to be complied
with.  Therefore having regard to the guidance provided by Scottish
Minsters in Circular 10/2009, the serious nature of the breach of
Page 42 of 166

Page 43

planning control and the Council’s responsibility to uphold confidence
and integrity in the planning system and the rule of law, it is considered
to be in the public interest for the Council to refer this case to COPFS.
6 RECOMMENDATION
6.1 It is recommended that the Committee determine to instruct the
Planning, Sustainable Growth and Investment Manager (or an
alternatively appropriately appointed officer) to refer the case to the
Crown Office and Procurator Fiscal Service for consideration of
prosecutorial action pursuant to Section 136 of the Town and Country
Planning (Scotland) Act 1997 as amended.
Peter Arnsdorf
Planning, Sustainable Growth and Investment Manager
Date:    20 March 2023
Contact Person: Matthew Atkins, Lead Officer Planning Obligations
matthew.atkins@midlothian.gov.uk
Page 43 of 166

Page 44

E/22/06
IMPORTANT
THIS COMMUNICATION AFFECTS YOUR PROPERTY
Town and Country Planning (Scotland) Act 1997, as amended
by the Planning (Scotland) Act 2019 (“the Act”)
ENFORCEMENT NOTICE
Issued by Midlothian Council  17 February 2022        
Mr. James Bevis and Ms. Louise Axon 
1 Laurelbank Road 
Mayfield 
Dalkeith 
EH22 5HT
1. THIS IS A FORMAL NOTICE issued by Midlothian Council (“the Council”)
because it appears that there has been a breach of planning control under
the terms of section 123(1)(a) of the Act (as amended) at the land described
below.  The Council considers it expedient to issue this Enforcement Notice
(“EN”) having regard to the provisions of the development plan and to other
material planning considerations. Note that Schedule 1 of this EN contains
important information.
2. THE LAND TO WHICH THE NOTICE RELATES
Land at 1 Laurelbank Road, Mayfield, Dalkeith, EH22 5HT, as shown edged
in red on the location plan attached to this EN.
3. THE MATTERS WHICH APPEAR TO CONSTITUTE THE BREACH OF
PLANNING CONTROL
Without planning permission, the erection of a detached garage and sun
room on the land referred to in Part 2 of this Notice (above) which was
completed within a period of four years prior to the date of service of this
EN (17 February 2022).
(IMPORTANT – CONTINUES ON NEXT PAGE)
Appendix A
Page 44 of 166

Page 45

2
E/22/06
4. REASONS FOR ISSUING THIS NOTICE
(a) Retrospective planning permission (reference 19/00687/DPP) for the
erection of the garage and sun room subject of this Notice, was refused
by Midlothian Council on 13 September 2019.
(b) A Notice of Review for the refused planning permission - referred to in
part 4 (a) above - was submitted by the joint owner of the property on 13
December 2019.  The Council’s Local Review Body (LRB) dismissed the
review at its meeting on 18 February 2020.
(c) Notwithstanding the decision of the LRB - referred to in part 4(b) above -
the unauthorised development subject of this Notice remains in place, at
the date of service of this Notice (17 February 2022).
(d) The Council’s planning authority has deffered taking enforcement action -
following the decision of the LRB - due to the circumstances relating to
the Covid 19 pandemic.  However, that situation has now improved and
the unauthorised building that houses both developments now needs to
be removed.  Its continuing presence on the land - beyond the
allowances already made for the Covid 19 pandemic - is in conflict with
the democratic, planning, decision making process (as referred to in
parts 4(a) and 4(b) of this Notice above) and would thereby undermine
the credibility of the planning system and public trust in its outcomes.
5. WHAT YOU ARE REQUIRED TO DO
A Dismantle the building that houses the unauthorised garage and sun room
and 
B remove all dismantled materials permanently from the land subject of this
Notice.
6. TIME PERIOD FOR COMPLIANCE
Within 5 calendar months from when this Notice takes effect, namely by 23
August 2022.
7. WHEN THIS NOTICE TAKES EFFECT
This notice takes effect on 23 March 2022 unless an appeal is made against it
beforehand.
(IMPORTANT – CONTINUES ON NEXT PAGE)
Page 45 of 166

Page 46

3
E/22/06
Signed
Matthew Atkins
Lead Officer Planning Obligations
Midlothian Council. 
On behalf of:
Derek Oliver 
Chief Officer - Place,
Midlothian Council. 
Date: 17 February 2022
(IMPORTANT – CONTINUES ON NEXT PAGE)
Page 46 of 166

Page 47

4
E/22/06
8. YOUR RIGHT OF APPEAL
You can appeal against this notice, but any appeal must be received, or posted
in time to be received by the Scottish Ministers before 23 March 2022.  Any
other person who has an interest in the land to which this notice relates may
also appeal to the Scottish Ministers by the same date.
Schedule 1 of this notice gives information on your Right of Appeal.
9. WHAT HAPPENS IF YOU DO NOT APPEAL
If you do not appeal against this EN, it will take effect on 23 March 2022
and you must then ensure that the required steps for complying with it, for
which you may be held responsible, are taken within the period specified in
the notice. Failure to comply with an enforcement notice which has taken
effect can result in prosecution or the service of a Fixed Penalty Notice on
the relevant person(s) who have not complied with its requirements in
terms of s145A(1) of the Act. Failure to comply with an enforcement notice
which has taken effect may also result in the Council taking direct action to
correct the breach.
(IMPORTANT – CONTINUES ON NEXT PAGE)
Page 47 of 166

Page 48

5
E/22/06
SCHEDULE 1
EXPLANATORY NOTE FOR THOSE IN RECEIPT OF AN ENFORCEMENT
NOTICE 
RELEVANT LEGISLATION
A copy of copy of Sections 123, 124, 127-139 of the Act is attached.  You may
wish to note the points referred to below. 
RIGHT OF APPEAL
If you wish to appeal against this EN, you should write to Planning and
Environmental Appeals Division, Ground Floor, Hadrian House, Callendar Business
Park, Callendar Road, Falkirk, FK1 1XR. The appeal must be received, or posted in
time to be received by the Scottish Ministers before the date on which this notice
takes effect. The Scottish Ministers have no power to consider an appeal lodged out
of time. 
The appeal, which must be made in writing, must be based on one or more of the
grounds set out in section 130 of the Act. If you decide to appeal you should state
the facts on which you propose to rely in support of each of the grounds of appeal.
The grounds of appeal and the statement of facts must be submitted with your
appeal or within fourteen days of your being required to do so by the Scottish
Ministers. 
If you lodge an appeal, the EN is suspended and will not take effect unless the
appeal is withdrawn or dismissed. 
PENALTIES FOR NON-COMPLIANCE WITH AN ENFORCEMENT NOTICE
Where an enforcement notice requires the discontinuance of a use of land or
compliance, in respect of a use of land or the carrying out of operations, with any
conditions or limitation, then any person who, without the grant of planning
permission uses the land or causes or permits it to be used, or carries out these
operations or causes or permits them to be carried out, is guilty of an offence and
liable on summary conviction to a fine not exceeding £50,000 or on conviction on
indictment to an unlimited fine.  If the use or operations are continued after
conviction, the person may be convicted of a second or subsequent offence. In
determining the amount of any fine for any convicted person, in either circumstance,
the court shall in particular have regard to any financial benefit that has accrued - or
appears likely to accrue - to any person who has committed the offence. That
consideration will similarly apply to the level of fine imposed by the court on any
convicted person who complies with an enforcement notice requiring the removal or
alteration of a building(s) or works, in cases where the building(s) or works are
subsequently re-instated or restored at any time after the compliance date.  
(IMPORTANT – CONTINUES ON NEXT PAGE)
Page 48 of 166

Page 49

6
E/22/06
As an alternative to prosecution the Council may serve a Fixed Penalty Notice. This
requires payment of a fine to be made within 30 days of its service, which will be
retained by them. The level of fine is £2,000 for non-compliance with an enforcement
notice. If payment is made within the first 15 days following service of a Fixed
Penalty Notice the amount to be paid to the Council is reduced to £1,500. 
DIRECT ACTION FOR NON-COMPLIANCE WITH AN ENFORCEMENT NOTICE
If the steps required by an enforcement notice are not taken within the specified
period(s) the Council may also enter on the land, take those steps and recover the
costs involved, from the owner or lessee of the land. 
FURTHER OFFENCES
Compliance with the terms of an enforcement notice does not discharge that notice.
It will continue in effect and any repetition of the breach of control may incur further
penalties or may result in direct action by the Council. 
Page 49 of 166

Page 50

Reproduced from the Ordnance Survey map with the permission of the
controller of Her Majesty's Stationary Office. Crown copyright reserved.
Unauthorised reproduction infringes Crown copyright and may lead to
prosecution or civil  proceedings
Midlothian Council Licence No. 100023416 (2022)
Midlothian Council
Fairfield House
8 Lothian Road
Dalkeith
EH22 3AA
Planning Service
Place Directorate Enforcement Notice
Land at 1 Laurelbank Road, Mayfield, EH22 5HT
File No: E/22/06
Scale:1:400 ±Page 50 of 166

Page 51

PART VI
ENFORCEMENT
Application
Expressions used in
connection with
enforcement 123 (1) For the purposes of this Act -
(a) carrying out development without the required planning
permission, or
(b) failing to comply with any condition or limitation subject to
which planning permission has been granted, or
(c) initiating development without giving notice in accordance with
section 27A (1) of this Act, or
(d) carrying out development without displaying a notice in
accordance with section 27C (1) of this Act
constitutes a breach of planning control.
(2) For the purposes of this Act -
(a) the issue of an enforcement notice, or 
(b) the service of a breach of condition notice,
under this Part constitutes taking enforcement action as does the issuing
of a notice under section 33A
(3) In this Part “planning permission” includes planning permission under
Part III of the 1947 Act and Part III of the 1972 Act.  
Time Limits 124 (1) Where there has been a breach of planning control consisting in the
carrying out without planning permission of building, engineering,
mining or other operations in, on, over or under land, no enforcement
action may be taken after the end of the period of 4 years beginning with
the date on which the operations were substantially completed.  
(2) Where there has been a breach of planning control consisting in the
change of use of any building to use as a single dwellinghouse, no
enforcement action may be taken after the end of the period of 4 years
beginning with the date of the breach.  
(3) In the case of any other breach of planning control, no enforcement
action may be taken after the end of the period of 10 years beginning
with the date of the breach.
(4) Subsections (1) to (3) do not prevent -
(a) the service of a breach of condition notice in respect of any
breach of planning control if an enforcement notice in respect of
the breach is in effect, or
(b) taking further enforcement action in respect of any breach of
planning control if, during the period of 4 years ending with that
action being taken, the planning authority have taken or
purported to take enforcement action in respect of that breach.   
Enforcement Notices
Issue of
enforcement notice
127 (1) The planning authority may issue a notice (in this Act referred to as an
“enforcement notice”) where it appears to them –
(a) that there has been a breach of planning control, and
(b) that it is expedient to issue the notice, having regard to the
provisions of the development plan and to any other material
considerations.
(2) A copy of an enforcement notice shall be served -
(a) that there has been a breach of planning control, and
(b) on any other person having an interest in the land, being an
interest which, in the opinion of the authority, is materially
affected by the notice.
(3) The service of the notice shall take place -
Page 51 of 166

Page 52

(a) not more than 28 days after its date of issue, and   
(b) not less than 28 days before the date specified in it as the date on
which it is to take effect.    
Contents and effect
of notice 128 (1) An enforcement notice shall state -   
(a) the matters which appear to the planning authority to constitute
the breach of planning control, and   
(b) the paragraph of section 123(1) within which, in the opinion of
the authority, the breach falls.  
(2) A notice complies with subsection (1) (a) if it enables any person on
whom a copy of it is served to know what those matters are.  
(3) An enforcement notice shall specify the steps which the authority
require to be taken, or the activities which the authority require to cease,
in order to achieve, wholly or partly, any of the following purposes.    
(4) Those purposes are –   
(a) remedying the breach by making any development comply with
the terms (including conditions and limitations) of any planning
permission which has been granted in respect of the land by
discontinuing any use of the land or by restoring the land to its
condition before the breach took place;  or     
(b) remedying any injury to amenity which has been caused by the
breach.  
(5) An enforcement notice may, for example, require -   
(a) the alteration or removal of any buildings or works,   
(b) the alteration or removal of any buildings or works,   
(c) any activity on the land not to be carried on except to the extent
specified in the notice, or   
(d) the contour of a deposit of refuse of waste materials on land to be
modified by altering the gradient or gradients of its sides.  
(6) An enforcement notice issued in respect of a breach of planning control
consisting of demolition of a building may require the construction of a
building (in this section referred to as a “replacement building") which,
subject to subsection (7) is as similar as possible to the demolished
building.      
(7) A replacement building -   
(a) must comply with any requirement imposed by or under any
enactment applicable to the construction of buildings,   
(b) may differ from the demolished building in any respect which, if
the demolished building had been altered in that respect, would
not have constituted a breach of planning control, and   
(c) must comply with any regulations made for the purposes of this
subsection (including regulations modifying paragraphs (a) and
(b) of this subsection).    
(8) An enforcement notice shall specify the date on which it is to take effect
and, subject to section 131(3), shall take effect on that date.   
(9) An enforcement notice shall specify the period for compliance with the
notice at the end of which any steps are required to have been taken or
any activities are required to have ceased, and may specify different
periods for different steps or activities.  
(10) Where different periods apply to different steps or activities, references
in this Part to the period for compliance with an enforcement notice, in
relation to any step or activity, are to the period at the end of which the
step is required to have been taken or the activity is required to have
ceased.   
(11) An enforcement notice shall specify such additional matters as may be
prescribed.  
(12) Regulations may require every copy of an enforcement notice served
under section 127 to be accompanied by an explanatory note giving
prescribed information as to the right of appeal under section 130.
Page 52 of 166

Page 53

(13) Where
(a) an enforcement notice in respect of any breach of planning
control could have required any buildings or works to be
removed or any activity to cease, but does not do so, and  
(b) all the requirements of the notice have been complied with,
then, so far as the notice did not so require, planning permission shall be
treated as having been granted under section 33 in respect of
development consisting of the construction of the buildings or works or,
as the case may be, the carrying out of the activities.  
(14) Where -
(a) an enforcement notice requires the construction of a replacement
building, and
(b) all the requirements of the notice with respect to that construction
have been complied with,
planning permission shall be treated as having been granted under
section 33 in respect of development consisting of that construction.
Variation and
withdrawal of
enforcement notice
129 (1) The planning authority may -
(a) withdraw an enforcement notice issued by them, or
(b) waive or relax any requirement of such a notice and, in
particular, may extend any period specified in accordance with
section 128(9).
(2) The powers conferred by subsection (1) may be exercised whether or
not the notice has taken effect.
(3) The planning authority shall, immediately after exercising the powers
conferred by subsection (1), give notice of the exercise to every person
who has been served with a copy of the enforcement notice or would, if
the notice were reissued, be served with a copy of it.
(4) The withdrawal of an enforcement notice does not affect the power of
the planning authority to issue a further enforcement notice.
Appeal against
enforcement notice 130 (1) A person on whom an enforcement notice is served or any other person
having an interest in the land may, at any time before the date specified
in the notice as the date on which it is to take effect, appeal to the
Secretary of State against the notice on any of the following grounds -
(a) Repealed by 2006 Act.
(b) that the matters which, by virtue of section 128(1)(a) have been
stated in the notice, have not occurred;  
(c) That the matters (if they occurred) do not constitute a breach of
planning control;  
(d) that, at the date when the notice was issued, no enforcement action
could be taken in respect of any breach of planning control which
may be constituted by those matters;
(e) that copies of the enforcement notice were not served as required
by section 127;
(f) that the steps required by the notice to be taken, or the activities
required by the notice to cease, exceed what is necessary to remedy
any breach of planning control which may be constituted by those
matters or, as the case may be, to remedy any injury to amenity
which has been caused by any such breach;
(g) that any period specified in the notice in accordance with section
128(9) falls short of what should reasonably be allowed.
(2) An appeal under this section shall be made -
(a) by giving written notice of the appeal to the Secretary of State
before the date specified in the enforcement notice as the date on
which it is to take effect, or  
Page 53 of 166

Page 54

(b) by sending such notice to him in a properly addressed and prepaid
letter posted to him at such time that, in the ordinary course of
post, it would be delivered to him before that date ; or   
(c) by sending such notice to them using electronic communications
at such time that, in the ordinary course of transmission, it would
be delivered to them before that date  
(3) A person who gives notice under subsection (2) shall submit to the
Secretary of State, either when giving the notice or within the prescribed
time, a statement in writing -   
(a) specifying the grounds on which he is appealing against the
enforcement notice, and   
(b) giving such further information as may be prescribed. 
Appeals: 
supplementary
provisions
131 (1) The Secretary of State may by regulations prescribe the procedure which
is to be followed on appeals under section 130 and, in particular, but
without prejudice to the generality of the foregoing provisions of this
subsection, in so prescribing may -     
(a) specify the matters on which information is to be given in a
statement under section 130(3);   
(b) require the planning authority to submit, within such time as may
be specified, a statement indicating the submissions which they
propose to put forward on the appeal;   
(c) specify the matters to be included in such a statement;   
(d) require the authority or the appellant to give such notice of an
appeal as may be specified to such persons as may be specified;   
(e) require the authority to send to the Secretary of State, within such
period from the date of the bringing of the appeal as may be
specified, a copy of the enforcement notice and a list of the persons
served with copies of it.  
(2) Repealed by 2006 Act  
(3) Where an appeal is brought under section 130 the enforcement notice
shall be of no effect pending the final determination or the withdrawal of
the appeal. 
(4) Schedule 4 applies to appeals under section 130, including appeals under
that section as applied by regulations under any other provisions of this
Act. 
General provisions
relating to
determination of
appeals 
132 (1) On the determination of an appeal under section 130, the Secretary of
State shall give directions for giving effect to the determination,
including, where appropriate, directions for quashing the enforcement
notice. 
(2) On such an appeal the Secretary of State may -     
(a) correct any defect, error or misdescription in the enforcement
notice, or   
(b) vary the terms of the enforcement notice,   
if he is satisfied that the correction or variation will not cause injustice to
the appellant or the planning authority.    
(3) The Secretary of State may -   
(a) dismiss an appeal if the appellant fails to comply with section
130(3) within the prescribed time, and   
(b) allow an appeal and quash the enforcement notice if the planning
authority fail to comply with any requirement imposed by virtue
of paragraph (b), (c) or (e) of section 131(1).  
(4) Where it would otherwise be a ground for determining an appeal in favour
of the appellant that a person required by section 127(2) to be served with
a copy of the enforcement notice was not served, the Secretary of State
may disregard that fact if neither the appellant nor that person has been
substantially prejudiced by the failure to serve him.     
Page 54 of 166

Page 55

Grant or
modification of
planning permission
on appeal against
enforcement notice. 
133 (1) On the determination of an appeal under section 130, the Secretary of
State may
(a) Repealed by 2006 Act
(b) Repealed by 2006 Act
(c) Repealed by 2006 Act
(d) determine whether on the date on which the appeal was made, any
existing use of the land was lawful, any operations which had been
carried out in, on, over or under the land were lawful or any matter
constituting a failure to comply with any condition or limitation
subject to which the permission was granted was lawful and, if so,
issue a certificate under section 150. 
(2) The provision of sections 150 to 153 mentioned in subsection (3) shall
apply for the purposes of subsection (1)(d) as they apply for the purposes
of section 150, but as if -
(a) any reference to an application for a certificate were a reference to
the appeal and any reference to the date of such an application
were a reference to the date on which the appeal is made, and 
(b) references to the planning authority were references to the
Secretary of State. 
(3) Those provisions are sections 150(5) to (7), 152(4) (so far as it relates to
the form of the certificate), (6) and (7) and 153. 
(4) Repealed by 2006 Act. 
(5) Repealed by 2006 Act. 
(6) Repealed by 2006 Act. 
(7) Repealed by 2006 Act. 
(8) Repealed by 2006 Act. 
(9) Repealed by 2006 Act. 
(10) Repealed by 2006 Act. 
(11) Repealed by 2006 Act. 
Validity of
enforcement notices
134 The validity of an enforcement notice shall not be questioned in any proceedings
whatsoever on any of the grounds specified in section 130(1) (b) to (e) except by
appeal under that section.
Execution and cost
of works required by
enforcement notice
135 (1) If any steps which are required by an enforcement notice to be taken have
not been taken within the compliance period, the planning authority may
-
(a) enter the land take those steps, and
(b) recover from the person who is then the owner or lessee of the
land any expenses reasonably incurred by them in doing so.
(2) If that person did not appeal to the Secretary of State although entitled to
do so, he shall not be entitled to dispute the validity of the action taken
by the planning authority under subsection (1) in accordance with the
enforcement notice.
(3) In computing the amount of the expenses which may be recovered by
them under subsection (1), a planning authority may include in that
amount such proportion of their administrative expenses as seems to
them to be appropriate.
(4) Where a copy of an enforcement notice has been served in respect of
any breach of planning control -
(a) any expenses incurred by the owner, lessee or occupier of any
land for the purpose of complying with the notice, and
(b) any sums paid by the owner or lessee of any land under
subsection (1) in respect of expenses incurred by the planning
authority in taking steps required by such a notice to be taken,
shall be recoverable from the person by whom the breach of planning
control was committed.
Page 55 of 166

Page 56

(5) If on a complaint by the owner of any land it appears to the sheriff that
the occupier of the land is preventing the owner from carrying out work
required to be carried out by an enforcement notice, the sheriff may by
warrant authorise the owner to go on to the land and carry out that work.
(6) A planning authority taking steps under subsection (1) may sell any
materials removed by them from the land unless those materials are
claimed by the owner within three days of their removal.
(7) After any such sale the planning authority shall pay the proceeds to the
owner less the expenses recoverable by them from him.
(8) Where a planning authority seek, under subsection (1), to recover any
expenses from a person on the basis that he is the owner of any land,
and such person proves that -
(a) he is receiving the rent in respect of that land merely as trustee,
tutor, curator, factor or agent of some other person, and
(b) he has not, and since the date of the service on him of the
demand for payment has not had, in his hands on behalf of that
other person sufficient money to discharge the whole demand of
the authority,
his liability shall be limited to the total amount of the money which he
has or has had in his hands on behalf of that other person.
(9) A planning authority who by reason of subsection (8) have not
recovered the whole of any such expenses from a trustee, tutor, curator,
factor or agent may recover any unpaid balance from the person on
whose behalf the rent is received.
(10) Any person who wilfully obstructs a person acting in the exercise of
powers under subsection (1) shall be guilty of an offence and liable on
summary conviction to a fine not exceeding level 3 on the standard
scale.  
(11) In this section and in sections 136, 136A, 140 and 141 any reference to
the compliance period, in relation to an enforcement notice, is a
reference to the period specified in the notice for compliance with it or
such extended period as the planning authority may allow for
compliance.  .
Offence where
enforcement notice
not complied with
136 (1) Where, at any time after the end of the compliance period in respect of
an enforcement notice, any step required by the notice to be taken has
not been taken or any activity required by the notice to cease is being
carried on, the person who is then the owner of the land is in breach of
the notice.
(2) Where the owner of the land is in breach of the notice he shall be guilty
of an offence.
(3) In proceedings against any person for an offence under subsection (2), it
shall be a defence for him to show that he did everything he could be
expected to do to secure compliance with the notice.
(4) A person who has control of or an interest in the land to which an
enforcement notice relates (other than the owner) must not carry on any
activity which is required by the notice to cease or cause or permit such
an activity to be carried on.
(5) A person who, at any time after the end of the period for compliance
with the notice, contravenes subsection (4) shall be guilty of an offence.
(6) An offence under subsection (2) or (5) may be charged by reference to
any day or longer period of time and a person may be convicted of a
second or subsequent offence under the subsection in question by
reference to any period of time following the preceding conviction for
such an offence.
(7) Where -
(a) a person charged with an offence under this section has not been
served with a copy of the enforcement notice, and
(b) the notice is not contained in the appropriate register kept under
section 147,
Page 56 of 166

Page 57

it shall be a defence for him to show that he was not aware of the
existence of the notice.
(8) A person guilty of an offence under this section shall be liable -
(a) on summary conviction, to a fine not exceeding £50,000, and
(b) on conviction on indictment, to a fine.
(9) In determining the amount of any fine to be imposed on a person
convicted of an offence under this section, the court shall in particular
have regard to any financial benefit which has accrued or appears likely
to accrue to him in consequence of the offence.
136a Fixed penalty notice where enforcement notice not complied with
(1) Where a planning authority have reason to believe that, by virtue of
subsection
(1) of section 136, a person is in breach of an enforcement notice they
may, provided that the conditions mentioned in subsection (7) are
satisfied, serve on him a fixed penalty notice as respects that breach.
(2) The fixed penalty notice is to specify—
(a) the step specified, under subsection (3) of section 128, in the
enforcement notice which has not been taken, or
(b) the activity so specified which has not ceased.
(3) It is not competent to serve more than one fixed penalty notice in
relation to a particular step or activity.
(4) For the purposes of this section, a “fixed penalty notice” is a notice
offering the person the opportunity of discharging, by paying to the
planning authority, within the period of 30 days which immediately
follows the day on which that notice is served, a penalty of an amount
(being a prescribed amount) specified in the notice, any liability to
conviction for an offence under section 136 as respects the breach of the
enforcement notice.
(5) But if payment is made within the first 15 days of the period mentioned
in subsection (4) the amount payable is reduced by 25%.
(6) The fixed penalty notice is to identify the period mentioned in
subsection (4) and is also to state that if payment is made within the first
15 days of that period the amount payable is reduced by 25%.
(7) The conditions are that the fixed penalty notice—
(a) is served within the period of 6 months which immediately
follows the compliance period in relation to the enforcement
notice, and
(b) is not served after the person has been charged with an offence
under section 136 as respects the breach of the enforcement
notice
(8) During the period mentioned in subsection (4) it is not competent to
commence proceedings against the person for an offence under section
136 as respects that breach.
(9) If the amount (or as the case may be the reduced amount) is timeously
paid it is not competent to commence proceedings against the person for
an offence under section 136 as respects that breach.
(10) A penalty received by a planning authority by virtue of subsection (4) is
to accrue to that authority.
(11) In prescribing an amount for the purposes of subsection (4), the Scottish
Ministers may make different provision for different cases or for
different classes of case.
Effect of planning
permission etc on
enforcement or
breach of condition
notice
137 (1) Where, after the service of –
(a) a copy of an enforcement notice, or
(b) a breach of condition notice,
Page 57 of 166

Page 58

planning permission is granted for any development carried out before
the grant of that permission, the notice shall cease to have effect so far
as inconsistent with that permission.
(2) Where, after a breach of condition notice has been served, any condition
to which the notice relates is discharged, the notice shall cease to have
effect so far as it requires any person to secure compliance with the
condition in question.
(3) The fact that an enforcement notice or breach of condition notice has
wholly or partly ceased to have effect by virtue of this section shall not
affect the liability of any person for an offence in respect of a previous
failure to comply, or secure compliance, with the notice.
Enforcement notice
to have effect
against subsequent
development
138 (1) Compliance with an enforcement notice, whether in respect of –
(a) the removal or alteration of any building or works,
(b) the discontinuance of any use of land, or
(c) any other requirements contained in the notice,
shall not discharge the notice.
(2) Without prejudice to subsection (1), any provision of an enforcement
notice requiring a use of land to be discontinued shall operate as a
requirement that it shall be discontinued permanently, to the extent that
it is in contravention of Part III; and accordingly the resumption of that
use at any time after it has been discontinued in compliance with the
enforcement notice shall to that extent be in contravention of the
enforcement notice.
(3) Without prejudice to subsection (1), if any development is carried out on
land by way of reinstating or restoring buildings or works which have
been removed or altered in compliance with an enforcement notice, the
notice shall, notwithstanding that its terms are not apt for the purpose,
be deemed to apply in relation to the buildings or works as reinstated or
restored as it applied in relation to the buildings or works before they
were removed or altered.
(4) A person who, without the grant of planning permission in that behalf,
carries out any development on land by way of reinstating or restoring
buildings or works which have been removed or altered in compliance
with an enforcement notice shall be guilty of an offence, and shall be
liable on summary conviction to a fine not exceeding the statutory
maximum.
(5) In determining the amount of the fine to be imposed under subsection
(4), the court is in particular to have regard to any financial benefit
which has accrued or appears likely to accrue to the convicted person in
consequence of the activity which constituted the offence.
Power of Secretary
of State to serve
enforcement notice
139 (1) If it appears to the Secretary of State that it is expedient that an
enforcement notice should be served in respect of any land, he may
himself serve such a notice under section 127.
(2) An enforcement notice served by the Secretary of State shall have the
same effect as if it had been served by the planning authority.
(3) The Secretary of State shall not serve such a notice without consulting
the planning authority.
(4) The provisions of this Act relating to enforcement notices apply, so far
as relevant, to an enforcement notice served by the Secretary of State as
they apply to an enforcement notice served by a planning authority, but
with the substitution for any reference to the planning authority of a
reference to the Secretary of State, and any other necessary
modifications.  
Page 58 of 166

Page 59

Planning and Environmental Appeals Division
Hadrian House, Callendar Business Park, Falkirk, FK1 1XR
E: dpea@gov.scot                                     T: 0300 244 6668
Appeal Decision Notice
 
Decision 
I dismiss the appeal and direct that the enforcement notice dated 17 February 2022 be
upheld.  Subject to any application to the Court of Session, the enforcement notice takes
effect on the date of this decision, which constitutes the determination of the appeal for the
purpose of Section 131(3) of the Act. 
Reasoning 
1. The appeal against the enforcement notice was made on the following grounds as
provided for by section 130(1) of the Town and Country Planning (Scotland) Act 1997:
 Ground f) the steps required by the notice are excessive and less onerous steps
would remedy the breach or remedy any injury to amenity which has been caused by
any such breach. 
2. The enforcement notice requires the appellant to dismantle the building that houses the
unauthorised garage and sunroom and remove all dismantled materials permanently from
the land subject of the notice.  For ground f) to succeed it must be demonstrated that this
exceeds what is necessary to remedy the breach of planning control. 
3. Through this appeal process the appellant is essentially seeking that planning
permission be granted for the building.  It is not open to me, in deciding this appeal, to grant
planning permission for the development enforced against.  For that reason, consideration
of any planning merits related to the development is not directly relevant to my
consideration of this appeal. 
4. I note that the appellant has previously submitted a planning application for the
unauthorised building which has been refused by the council.  I was able to observe during
my site visit that the garage and sunroom would not be classed as permitted development
under Class 3A of The Town and Country Planning (General Permitted Development)
(Scotland) Order 1992.  Planning permission is therefore required for the building and in its
absence the garage and sunroom represent a breach of planning control. 
Decision by Euan McLaughlin, a Reporter appointed by the Scottish Ministers 
 Enforcement notice appeal reference: ENA-290-2008
 Site address: 1 Laurelbank Road, Mayfield, Dalkeith, EH22 5HT
 Appeal by Mr James Bevis and Ms Louise Axon against the enforcement notice dated 17
February 2022 served by Midlothian Council
 The alleged breach of planning control: Without planning permission, the erection of a
detached garage and sunroom on the land referred to in Part 2 of this Notice.
 Date of site visit by Reporter: 26 May 2022 
Date of appeal decision: 23 June 2022
Appendix B
Page 59 of 166

Page 60

ENA-290-2008  2 
5. Section 5 of the enforcement notice sets out the steps required to be undertaken to
remedy this breach, which is effectively to restore the land to its condition before the breach
took place.  In my view these steps are not excessive and there are no less onerous steps
which would remedy the breach of control.  For this reason, the appeal on ground f) fails. 
Euan Mclaughlin
Reporter
Page 60 of 166

Page 61

Appendix C
Page 61 of 166

Page 62

Page 62 of 166

Page 63

Planning Committee
Tuesday 28 March 2023
Item No: 5.3
NON COMPLIANCE WITH THE REQUIREMENTS OF AN ENFORCEMENT
NOTICE REGARDING THE UNDERTAKING OF DEVELOPMENT NOT IN
ACCORDANCE WITH APPROVED PLANS AT EDGEHEAD FARMHOUSE,
EDGEHEAD ROAD, EDGEHEAD, PATHHEAD.
Report by Chief Officer Place
1 REPORT SUMMARY AND RECOMMENDATION
1.1 This report relates to the non-compliance with the requirements of
an enforcement notice served by the Council pursuant to Section
127 of the Town and Country Planning (Scotland) Act 1997, as
amended, with regard the use of clear glazing rather than opaque
glazing in windows forming part of an approved extension at
Edgehead Farmhouse, Edgehead Road, Edgehead, Pathhead.
1.2 The enforcement notice required the replacement of clear glazing
with opaque glazing at first floor level in an approved two storey
extension (in accordance with the approved plans) and the
retention of the opaque glazing thereafter.  None of these steps
have been taken, either by the enforcement notice compliance
date of 23 November 2022 or to date (at the time of drafting this
report).  Non-compliance with an enforcement notice constitutes
an offence. 
1.3 This report recommends that the Committee instruct the Planning,
Sustainable Growth and Investment Manager to refer the case to
the Crown Office and Procurator Fiscal Service for consideration
to be given to prosecutorial action in relation to the parties who
have breached the enforcement notice, pursuant to Section 136 of
the Town and Country Planning (Scotland) Act 1997.  The
maximum penalty on successful prosecution is a fine of up to
£50,000 per offence. 
2 BACKGROUND
2.1 Planning permission 21/00477/DPP for the erection of extensions and
external alterations including infilling of window opening, formation of
window openings and installation of replacement windows at Edgehead
Farmhouse, Edgehead Road, Edgehead, Pathhead was granted 29
July 2021.  Listed building consent was also granted for the stated
Page 63 of 166

Page 64

works and for other works, including internal alterations and the
demolition of an extension (21/00479/LBC).
2.2 This dwelling which was original a farmhouse building and is located in
close proximity to 14 relatively new build dwellings which have been
constructed since 2016.  Edgehead Farmhouse is a Grade C Listed
Building and within the Edgehead Conservation Area.
2.3 The approved plans for the stated planning permission and listed
building consent show two of the new windows, at first floor level, on
the proposed approved extension to the rear of the farmhouse building
to be opaque glazed in the interests of protecting the amenity of nearby
residential properties.  Both windows the subject of that requirement
are large and visually prominent.  The approved extensions and
alterations have been constructed, however clear glazing has been
installed in all windows, including those approved as being opaque,
thereby causing detriment to the amenity of adjoining residents.
2.4 An enforcement notice to address the non-compliance with the
approved plans was issued 24 August 2022, with a take effect date of
24 September 2022 and a three month compliance period (24
December 2022).  A copy of the enforcement notice is attached to this
report as Appendix A.  The enforcement notice required the property
owner to:
1. Remove the clear glass panels from the two windows referred to
in Parts 3 and 4 of the Enforcement Notice (which explain the
breach of planning control in relation to the approved planning
permission) and replace them with obscured glazing panels; and
2. Thereafter, permanently retain obscured glazing panels in the
same windows.
2.5 The property owner did not appeal the enforcement notice.
2.6 Because of the nature and scale of the breach of planning control,
rather than recommending referral to the Crown Office and Procurator
Fiscal Service (COPFS) as a financial punitive step the Council issued
a Fixed Penalty Notice on 24 January 2023 as an alternative course of
action to see if this would resolve the breach of planning control.
2.7 Section 136A of the Town and Country Planning (Scotland) Act 1997
as amended provides that a local planning authority may serve a Fixed
Penalty Notice (FPN) if it is identified that a person is in breach of a
valid enforcement notice.  A FPN requires a fine of £2,000 to be paid
(reduced by a quarter if paid within 5 days of being issued) as an
alternative to prosecutorial action.  The issuing of a FPN precludes
other prosecutorial action if it is paid within 30 days.  The FPN has not
been paid.
2.8 During a site inspection by a Council officer in early March 2023 it was
established that none of the enforcement notice requirements had
Page 64 of 166

Page 65

been complied with by the required date.   The land owners have
formally been informed that as the FPN has not been complied with
and the enforcement notice has also not been complied with, that being
an offence, the matter would be referred to the Committee for
consideration of prosecutorial action.
3 THE LEGISLATIVE POSITION
3.1  It is not a criminal offence for development to take place without the
requisite planning permission, but it is an offence to fail to comply with
an enforcement notice.  There is a 6 month period from the date of the
offence occurring (that is the date by which the notice should have
been complied with, not the date from which the breach of planning
control occurred) in which a prosecution could be potentially brought.
3.2 In Scotland the Crown Office and Procurator Fiscal Service (COPFS)
are responsible for making decisions about prosecutorial actions.  In
the majority of instances, criminal offences are referred to COPFS by
Police Scotland.  However, other bodies who are the responsible
regulatory organisation for particular legislative areas will also refer
cases.  This includes the Health and Safety Executive, the Scottish
Environmental Protection Agency and local authorities in relation to
planning and other matters.
3.3 It should be noted that failure to comply with an enforcement notice is
not only an offence, it is also a continuing offence should a prosecution
be successfully brought, a conviction secured and the enforcement
notice requirements remain outstanding.  For example, if  non-
compliance with the enforcement notice requirements continued for a
further month after conviction that would be a further 31/30 offences
occurring which would bring further potential implications for a
defendant in terms of further potential convictions, criminal records and
levels of fines.
3.4 The Town and Country Planning (Scotland) 1997 Act provides that “In
determining the amount of any fine to be imposed on a person
convicted of an offence under this section, the court shall in particular
have regard to any financial benefit which has accrued or appears
likely to accrue to him in consequence of the offence”
3.5 The failure to comply with an enforcement notice is clearly regarded as
a serious matter and understandably so by the Scottish Ministers
because of its implications for the integrity of the planning system and
indeed in relation to the upholding of the rule of law.  The Planning
(Scotland) Act 2019 which has now been enacted specifically provided
for the increasing of fines for a number of enforcement related matters.
In relation to enforcement notices the level of fine on successful
prosecution has increased from a maximum of £20,000 to £50,000.  
Page 65 of 166

Page 66

4 OTHER CONSIDERATIONS
4.1 The Scottish Government Policy on planning enforcement is contained
in Circular 10/2009: Planning Enforcement.  It includes the following
guidance that is particularly relevant to the consideration of this case :
“Planning authorities should bear in mind the statutory time limits for
taking enforcement action and, in particular, the possibility that a
referral to the Procurator Fiscal to determine whether to initiate a
criminal prosecution may need to be made promptly in those cases
where breaches have to be prosecuted within 6 months of the date on
which the offence was committed. This is not the date of the alleged
breach of planning control but the last date of failure to comply with the
Notice requiring the breach to be remedied.”
“The integrity of the development management process depends upon
the planning authority's readiness to take effective enforcement action
when necessary. Public respect for the development management
system is undermined if unauthorised development, which is
unacceptable on its planning merits, is allowed to proceed without any
apparent attempt by the planning authority to intervene before serious
harm to amenity results from the breach.”
5. CONCLUSION
5.1 The responsibility of the outstanding breach of planning control lies
with the landowner who decided to erect an extension without
complying with the relevant planning permission.  All of the
unauthorised development which is the subject of the enforcement
notice remains on site in breach of the enforcement notice
requirements.  The unauthorised development has been the subject of
public complaint.
5.2  It is for COPFS to make the final decision with regard prosecutorial
action against the non-compliance with an enforcement notice.  In this
case, unauthorised development has been carried out which does not
have the benefit of planning permission (non-compliance with the
approved planning permission).  The Council has lawfully served an
enforcement notice in relation to unauthorised developments.  The
notice has not been complied with within the period specified by the
notice.  It is an offence for an enforcement notice not to be complied
with.  Therefore having regard to the guidance provided by Scottish
Minsters in Circular 10/2009, the serious nature of the breach of
planning control and the Council’s responsibility to uphold confidence
and integrity in the planning system and the rule of law, it is considered
to be in the public interest for the Council to refer this case to COPFS.
Page 66 of 166

Page 67

6 RECOMMENDATION
6.1 It is recommended that the Committee determine to instruct the
Planning, Sustainable Growth and Investment Manager (or an
alternatively appropriately appointed officer) to refer the case to the
Crown Office and Procurator Fiscal Service for consideration of
prosecutorial action pursuant to Section 136 of the Town and Country
Planning (Scotland) Act 1997 as amended.
Peter Arnsdorf
Planning, Sustainable Growth and Investment Manager
Date:    20 March 2023
Contact Person: Matthew Atkins, Lead Officer Planning Obligations
matthew.atkins@midlothian.gov.uk
Page 67 of 166

Page 68

E/22/27
IMPORTANT
THIS COMMUNICATION AFFECTS YOUR PROPERTY 
Town and Country Planning (Scotland) Act 1997, as amended
by the Planning (Scotland) Act 2019 (“the Act”) 
ENFORCEMENT NOTICE 
Issued by Midlothian Council   24 August 2022 
Lee Tweedie       
Edgehead Farmhouse       
Edgehead Road       
Edgehead       
EH37 5RL         
1. THIS IS A FORMAL NOTICE issued by Midlothian Council (“the Council”)
because it appears that there has been a breach of planning control under
the terms of section 123(1) (b) of the Act at the land described below.  The
Council considers it expedient to issue this Enforcement Notice (“EN”)
having regard to the provisions of the development plan and to other
material planning considerations. Note that Schedule 1 of this EN contains
important information. 
2. THE LAND TO WHICH THE NOTICE RELATES 
Edgehead Farmhouse, Edgehead Road, Edgehead, as shown edged in red
on the location plan attached to this EN. 
3. THE MATTERS WHICH APPEAR TO CONSTITUTE a BREACH OF
PLANNING CONTROL         
The unauthorised installation of clear glazing panels in two of the window
openings subject of Midlothian Council (MC) Planning Permission (PP) Reg.
No. 21/00477/DPP, which requires both windows to be glazed with
obscured glass.   
(IMPORTANT – CONTINUES ON NEXT PAGE) 
Appendix A
Page 68 of 166

Page 69

2
E/22/27
4. REASONS FOR ISSUING THIS NOTICE
(a) The PP referred to in Part 3 of this EN (page 1) was granted on 29 July
2021 for the ‘Erection of extensions and external alterations including
infilling of window opening, formation of window openings and installation
of replacement windows’ at Edgehead Farmhouse.  The unauthorised
glazing referred to in Part 3 of this EN has been installed in two large
windows located on the upper storey of one of the extensions, namely
the two-storey, rear extension.  Both windows have been glazed with
clear glass panels rather than obscured glass, as approved.  That being
contrary to the glazing details shown on the relevant approved plans -
namely  “Location Plan, Site Plan, Elevations Png6 A 1:1250 1:500 1:50
dated 16.07.2021” and “Proposed Elevations Png5 A 1:50 16.07.2021”.
Both plans are also listed on the face of the PP Decision Notice.  For the
avoidance of any further doubt, both plans and the PP Decision Notice
are attached to this EN and form part of the EN.
(b) MC considers that the non-obscured glazing panels subject of this EN
are a material change to the abovementioned PP.  Both windows are
prominent given their large size and location at first-floor level.  One of
the windows serves a dressing room and the other an en-suite bathroom.
There are separate residential properties in close proximity to the same
extension.  Public complaint has been received about the unauthorised
use of clear glazing and in particular about overlooking.  Given all of
these considerations, MC as planning authority would not support the
retention of clear glazing in either or both windows.
5. WHAT YOU ARE REQUIRED TO DO
(1) Remove the clear glass panels from both windows - referred to in Parts 3
and 4 of this EN - and replace them with obscured glazing panels, and
(2) Thereafter, permanently retain obscured glazing panels in the same
windows.
6. TIME PERIOD FOR COMPLIANCE
Requirement 5(1) - within three calendar months from when this EN takes
effect, namely by 24 December 2022.
Requirement 5 (2) - in perpetuity.
(IMPORTANT – CONTINUES ON NEXT PAGE)
Page 69 of 166

Page 70

3
E/22/27
7. WHEN THIS NOTICE TAKES EFFECT
This notice takes effect on 24 September 2022 unless an appeal is made
against it beforehand. 
Signed
Matthew Atkins
Lead Officer Planning Obligations
Midlothian Council. 
On behalf of:
Derek Oliver 
Chief Officer - Place,
Midlothian Council. 
Date: 24 August 2022
(IMPORTANT – CONTINUES ON NEXT PAGE)
Page 70 of 166

Page 71

4
E/22/27
8. YOUR RIGHT OF APPEAL
You can appeal against this notice, but any appeal must be received, or posted
in time to be received by the Scottish Ministers before 24 September 2022.
Any other person who has an interest in the land to which this notice relates
may also appeal to the Scottish Ministers by the same date.
Schedule 1 of this notice gives information on your Right of Appeal.
9. WHAT HAPPENS IF YOU DO NOT APPEAL
If you do not appeal against this EN, it will take effect on 24 September
2022 and you must then ensure that the required steps for complying with
it, for which you may be held responsible, are taken within the period
specified in the notice. Failure to comply with an enforcement notice which
has taken effect can result in prosecution or the service of a Fixed Penalty
Notice on the relevant person(s) who have not complied with its
requirements in terms of s145A(1) of the Act. Failure to comply with an
enforcement notice which has taken effect may also result in the Council
taking direct action to correct the breach.
(IMPORTANT – CONTINUES ON NEXT PAGE)
Page 71 of 166

Page 72

5
E/22/27 
SCHEDULE 1 
EXPLANATORY NOTE FOR THOSE IN RECEIPT OF AN ENFORCEMENT
NOTICE 
RELEVANT LEGISLATION 
A copy of Sections 123, 124, 127-139 of the Act is attached.  You may wish to
note the points referred to below. 
RIGHT OF APPEAL 
If you wish to appeal against this EN, you should write to Planning and
Environmental Appeals Division, Ground Floor, Hadrian House, Callendar Business
Park, Callendar Road, Falkirk, FK1 1XR. The appeal must be received, or posted in
time to be received by the Scottish Ministers before the date on which this notice
takes effect. The Scottish Ministers have no power to consider an appeal lodged out
of time. 
The appeal, which must be made in writing, must be based on one or more of the
grounds set out in section 130 of the Act. If you decide to appeal you should state
the facts on which you propose to rely in support of each of the grounds of appeal. 
The grounds of appeal and the statement of facts must be submitted with your
appeal or within fourteen days of your being required to do so by the Scottish
Ministers. 
If you lodge an appeal, the EN is suspended and will not take effect unless the
appeal is withdrawn or dismissed. 
PENALTIES FOR NON-COMPLIANCE WITH AN ENFORCEMENT NOTICE 
Where an enforcement notice requires the discontinuance of a use of land or
compliance, in respect of a use of land or the carrying out of operations, with any
conditions or limitation, then any person who, without the grant of planning
permission uses the land or causes or permits it to be used, or carries out these
operations or causes or permits them to be carried out, is guilty of an offence and
liable on summary conviction to a fine not exceeding £50,000 or on conviction on
indictment to an unlimited fine.  If the use or operations are continued after
conviction, the person may be convicted of a second or subsequent offence. In
determining the amount of any fine for any convicted person, in either circumstance,
the court shall in particular have regard to any financial benefit that has accrued - or
appears likely to accrue - to any person who has committed the offence. That
consideration will similarly apply to the level of fine imposed by the court on any
convicted person who complies with an enforcement notice requiring the removal or
alteration of a building(s) or works, in cases where the building(s) or works are
subsequently re-instated or restored at any time after the compliance date.   
(IMPORTANT – CONTINUES ON NEXT PAGE)
Page 72 of 166

Page 73

6
E/22/27 
As an alternative to prosecution the Council may serve a Fixed Penalty Notice. This
requires payment of a fine to be made within 30 days of its service, which will be
retained by them. The level of fine is £2,000 for non-compliance with an enforcement
notice. If payment is made within the first 15 days following service of a Fixed
Penalty Notice the amount to be paid to the Council is reduced to £1,500. 
DIRECT ACTION FOR NON-COMPLIANCE WITH AN ENFORCEMENT NOTICE 
If the steps required by an enforcement notice are not taken within the specified
period(s) the Council may also enter on the land, take those steps and recover the
costs involved, from the owner or lessee of the land. 
FURTHER OFFENCES 
Compliance with the terms of an enforcement notice does not discharge that notice. 
It will continue in effect and any repetition of the breach of control may incur further
penalties or may result in direct action by the Council. 
Page 73 of 166

Page 74

1:750Scale:
Reproduced from the Ordnance Survey map with the permission of the
controller of Her Majesty's Stationary Office. Crown copyright reserved.
Unauthorised reproduction infringes Crown copyright and may lead to
prosecution or civil  proceedings
Midlothian Council Licence No. 100023416 (2018)
Midlothian Council
Fairfield House
8 Lothian Road
Dalkeith
EH22 3AA
Education, Economy
& Communities Enforcement Notice
Edgehead Farmhouse, Edgehead Road, Edgehead
File No: E/22/27
Page 74 of 166

Page 75

Planning Permission 
Town and Country Planning (Scotland) Act 1997
Reg. No.   21/00477/DPP
David Paton Building Consultancy
13 High Street
Loanhead
EH20 9RH
Midlothian Council, as Planning Authority, having considered the application by Mr Lee
Tweedie, Edgehead Farmhouse, Edgehead Road, Edgehead, EH37 5RL, which was
registered on 7 June 2021, in pursuance of their powers under the above Acts, hereby grant
permission to carry out the following proposed development:
Erection of extensions and external alterations including infilling of window opening,
formation of window openings and installation of replacement windows at Edgehead
Farmhouse, Edgehead Road, Edgehead, Pathhead, EH37 5RL
in accordance with the application and the following documents/drawings:
Document/Drawing  Drawing No/Scale Dated
Location Plan, Site Plan, Elevations Png6 A 1:1250 1:500 1:50 16.07.2021
Existing Floor Plan 21-07-ex1 1:50 07.06.2021
Existing Elevations 21-07-ex2 1:50 07.06.2021
Proposed Floor Plan Png4 A 1:50 16.07.2021
Proposed Elevations Png5 A 1:50 16.07.2021
This permission is granted for the following reasons:
The proposed extensions and alterations would maintain the character and appearance of the
surrounding area, the listed building and conservation area and so comply with policies DEV2,
ENV19 and ENV22 of the adopted Midlothian Local Development Plan 2017.  
Subject to the following conditions:
1. Prior to the commencement of development, the following details shall be submitted to
and approved in writing by the Planning Authority:
a) Details and samples of all external materials; and
b) Plans to a scale of 1:20 showing details of the design of the new windows,
including dimensions and cross sections of the windows.
Reason: These details were not submitted with the application; in order to ensure that
the development hereby approved does not detract from the character and
appearance of this listed building or surrounding conservation area.
2. The details of the windows required by condition 1b) shall include genuine timber
astragals, which are not to be inserted between or planted on the panes of glass
unless otherwise agreed in writing by the Planning Authority.
Reason: To protect the character and appearance of the existing listed building and
conservation area and ensure this maintains the visual quality of the area.
Page 75 of 166

Page 76

3. No development shall take place on site until the applicants or their successors have
undertaken and reported upon a programme of archaeological (Historic Building
Recording) work in accordance with a written scheme of investigation and any further
works or mitigation that result from the results of these to be submitted to and
approved in writing by the Planning Authority works. 
Reason: To ensure a proper archaeological evaluation of the site, which is within an
area of potential archaeological interest, and that adequate measures are in place to
record any archaeological finds. 
Dated       29 / 7 / 2021     
……………………………..
Duncan Robertson
Lead Officer – Local Developments, 
Fairfield House, 8 Lothian Road, Dalkeith, EH22 3ZN 
Page 76 of 166

Page 77

Any Planning Enquiries should be directed to:                
Planning and Local Authority Liaison
Direct Telephone:  01623 637 119 (Planning Enquiries)
Email:  planningconsultation@coal.gov.uk 
Website: www.gov.uk/coalauthority 
INFORMATIVE NOTE 
The proposed development lies within an area that has been defined by the Coal Authority as
containing potential hazards arising from former coal mining activity at the surface or shallow
depth.  These hazards can include: mine entries (shafts and adits); shallow coal workings;
geological features (fissures and break lines); mine gas and former surface mining sites. 
Although such hazards are seldom readily visible, they can often be present and problems can
occur in the future, particularly as a result of new development taking place.   
It is recommended that information outlining how former mining activities may affect the
proposed development, along with any mitigation measures required (for example the need
for gas protection measures within the foundations), is submitted alongside any subsequent
application for Building Warrant approval (if relevant).   
Any form of development over or within the influencing distance of a mine entry can be
dangerous and raises significant land stability and public safety risks.  As a general
precautionary principle, the Coal Authority considers that the building over or within the
influencing distance of a mine entry should be avoided.  In exceptional circumstance where
this is unavoidable, expert advice must be sought to ensure that a suitable engineering design
which takes into account all the relevant safety and environmental risk factors, including mine
gas and mine-water.  Your attention is drawn to the Coal Authority Policy in relation to new
development and mine entries available at: 
www.gov.uk/government/publications/building-on-or-within-the-influencing-distance-of-mine-
entries 
Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine
entries (shafts and adits) requires a Coal Authority Permit.  Such activities could include site
investigation boreholes, excavations for foundations, piling activities, other ground works and
any subsequent treatment of coal mine workings and coal mine entries for ground stability
purposes.  Failure to obtain a Coal Authority Permit for such activities is trespass, with the
potential for court action.   
If any coal mining features are unexpectedly encountered during development, this should be
reported immediately to the Coal Authority on 0345 762 6848.  Further information is available
on the Coal Authority website at:
www.gov.uk/government/organisations/the-coal-authority 
Informative Note valid from 1st January 2021 until 31st December 2022
Page 77 of 166

Page 78

PLEASE NOTE
This permission does not carry with it any necessary consent or approval to the proposed development which may be
required under the Building (Scotland) Acts and Regulations or under any other Statutory Enactment. 
If the applicant is aggrieved by the decision of the planning authority to refuse permission for or approval required by a
condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant
may require the planning authority to review the case under section 43A of the Town & Country Planning (Scotland) Act
1997 within 3 months from the date of this notice.  The notice of review should be addressed to The Planning Manager,
Planning, Midlothian Council, Fairfield House, 8 Lothian Road, Dalkeith, EH22 3ZN.  A notice of review form is available
from the same address and will also be made available online at www.midlothian.gov.uk 
If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has
become incapable of reasonable beneficial use in its existing state and cannot be rendered capable of reasonably
beneficial use by the carrying out of any development which has been or would be permitted, the owner of the land  may
serve on the planning authority a purchase notice requiring the purchase of the owner of the land’s interest in the land in
accordance with Part V of the Town and Country Planning (Scotland) Act 1997. 
Duration of Planning Permission and/or Listed Building Consent
The permission hereby approved lapses on the expiration of a period of either:
a) three years from the date of this decision notice, if the permission is for  detailed planning permission (DPP) or 
listed building consent (LBC) as specified in Section 58 of the Town and Country Planning (Scotland) Act 1997 (as
amended by Planning etc (Scotland) Act 2006); or
b) two years from the date of approval by the planning authority of the last  application for matters specified in conditions
to be approved if the permission is for planning permission in principle (PPP) as specified in Section 59 of the Town
and Country Planning (Scotland) Act 1997 (as amended by Planning etc (Scotland) Act 2006).  Applications for
approval of matters specified in conditions shall be made to the planning authority within three years from the date of
this permission. 
Prior to any work taking place on site all pre commencement conditions attached to a grant of planning permission must
be agreed in writing with the planning authority.  Failure to do so could result in any development works taking place being
unauthorised and undertaken at your own risk and expense. 
The Felling of Trees
Where full planning permission authorises the felling of trees on a development site, no further consent is required under
the Forestry Act 1967 (as amended).  However, developers should note that any tree felling not expressly authorised by
full planning permission, and not exempted, requires a felling licence granted under the Forestry Act 1967 (as amended). 
Developers should note that any felling carried out without either a licence or other valid permission is an offence.   This
can mean, on conviction, a fine of up to £2,500 (level 4 on the standard scale) or twice the value of the trees, whichever is
higher with the conviction being recorded. 
Contact your local Forestry Commission Scotland Office if you are not certain whether exemptions apply.  You can get an
application form for a felling licence from the Forestry Commission website www.forestry.gov.uk  or any Forestry
Commission Scotland Office. 
Prior to Commencement (Notice of Initiation of Development)
Prior to the development commencing the planning authority shall be notified in writing of the expected commencement of
work date and once development on site has been completed the planning authority shall be notified of the completion of
works date in writing.  Failure to do so would be a breach of planning control under section 123(1) of the Town and Country
Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006).  A copy of  the Notice of Initiation of
Development is available on the Councils web site www.midlothian.gov.uk   
IMPORTANT NOTE REGARDING PUBLIC ACCESS TO INFORMATION 
Making an application
Please note that when you submit a planning application, the information will appear on the Planning Register and the
completed forms and any associated documentation will also be published on the Council’s website. 
Making comment on an application
Please note that any information, consultation response, objection or supporting letters submitted in relation to a planning
application, will be published on the Council’s website.
The planning authority will redact personal information in accordance with its redaction policy and use its discretion to
redact any comments or information it considers to be derogatory or offensive.  However, it is important to note that the
publishing of comments and views expressed in letters and reports submitted by applicants, consultees and representors
on the Council’s website, does not mean that the planning authority agrees or endorses these views, or confirms any
statements of fact to be correct. 
Page 78 of 166

Page 79

1:1250 SCALE LOCATION PLAN
1:50 SCALE PART REAR ELEVATION
1:50  SCALE PART SIDE ELEVATION WITH SHUTTERS OPEN
Existing Window
opening finished
with timber
boarding
New timber frame Sash and Case window
to fit within existing opening (currently
boarded over) and painted to match
existing windows.
0 1 2 3 4 5
1:50 Scale Bar
0 25 50 75 100
1:1250 Scale Bar
0 10 20 30 40 50
1:500 Scale Bar
PLANNING
/ LISTED
BUILDING
DRAW
ING
CLIENT
Lee Tweedie
REVISIONS
PROJECT
Various Works to Dwelling House at;
Edgehead Farmhouse
Edgehead
EH37 5RL
DRAWING TITLE
Proposed Elevations
DATE
DRAWN
SCALE
May 2021
KM
1:50 @ A1
© david paton building consultancy DO NOT SCALE FROM DRAWINGS,
IF IN DOUBT ASK.
21/07
JOB NO.
REVISION A
david paton building consultancy
13 High Street, Loanhead,
Midlothian, EH20 9RH.
Telephone No. 0131 440 1213
website: www.davidpatonbc.co.uk
e-mail: davidpatonbc@btconnect.com
Established in 1981
Chartered Architectural Technologists
Png6
DRAWING NO.
1:50  SCALE PART SIDE
ELEVATION WITH
SHUTTERS SHUT
New timber
double glazed
sash and case
window painted
to match existing
windows
New timber frame Sash and Case window
to fit within existing altered opening  and
painted to match existing windows.
1:500 SCALE SITE PLAN
1:10 SCALE PART DETAIL
ELEVATION OF WALL FINISH
1:10 SCALE DETAIL PLAN OF
WALL FINISH
Roof to be finished in Sarnafil, Grey in
colour
High level glazing to allow natural lighting to
room beyond
Coated Aluminium finish to fascias, soffits
and upstands coloured Anthracite Grey
Walls to be finished with in Larch Timber
straps natural in colour with shadow gap
between each spar, shadow gap to be
painted grey
Aluclad glazed door Anthracite in Colour
Mock shuttering to be in smae material as
walling but with shadow gaps minimalised
Framelss Glazed panel to be introduced at
junction with existing house
Roof to be finished in Sarnafil, Grey in
colour
Coated Aluminium finish to fascias, soffits
and upstands coloured Anthracite Grey
Walling on this elevation to be finished with
Smooth Render (K Rend or similar and
approved off white in colour)
Frameless Glazed panel (obscured) to be
provided
New Aluclad slot window to be Anthracite in
colour
Roof to be finished in Sarnafil, Grey in
colour
High level glazing to allow natural lighting to
room beyond
Coated Aluminium finish to fascias, soffits
and upstands coloured Anthracite Grey
Walls to be finished with in Larch Timber
straps natural in colour with shadow gap
between each spar, shadow gap to be
painted grey
shuttering to be in same material as walling
but with shadow gaps minimalised
Framelss Glazed panel to be introduced at
junction with existing house
Aluclad window to be Anthracite Grey in
colour
Roof to be finished in Sarnafil, Grey in
colour
High level glazing to allow natural lighting to
room beyond
Coated Aluminium finish to fascias, soffits
and upstands coloured Anthracite Grey
Walls to be finished with in Larch Timber
straps natural in colour with shadow gap
between each spar, shadow gap to be
painted grey
Aluclad glazed doors Anthracite in Colour
Frameless Glazed panel to form barrier for
safety.
shuttering to be in same material as walling
but with shadow gaps minimalised
Framelss Glazed panel to be introduced at
junction with existing house
Aluclad window to be Anthracite Grey in
colour
PHOTO OF SIDE ELEVATION WITH SINGLE STOREY EXTENSION
PHOTO OF REAR ELEVATION OF SINGLE STOREY EXTENSION
PHOTOS OF SINGLE STOREY EXTENSION WINDOWS PHOTO OF HOUSE FROM MAIN ROAD
Walls to be finished with in Larch Timber
straps natural in colour with shadow gap
between each spar, shadow gap to be
painted grey
Walls to be finished with in Larch Timber
straps natural in colour with shadow gap
between each spar, shadow gap to be
painted grey
A        Rear Extension made higher as per Planners request 15 July 2021             KM
Page 79 of 166

Page 80

1:50 SCALE FRONT ELEVATION WITH SHUTTERS OPEN
1:50 SCALE SIDE ELEVATION
Rear Extension
Side Extension
0 1 2 3 4 5
1:50 Scale Bar
PLANNING
/ LISTED
BUILDING
DRAW
ING
CLIENT
Lee Tweedie
REVISIONS
PROJECT
Various Works to Dwelling House at;
Edgehead Farmhouse
Edgehead
EH37 5RL
DRAWING TITLE
Proposed Elevations
DATE
DRAWN
SCALE
May 2021
KM
1:50 @ A1
© david paton building consultancy DO NOT SCALE FROM DRAWINGS,
IF IN DOUBT ASK.
21/07
JOB NO.
REVISION A
david paton building consultancy
13 High Street, Loanhead,
Midlothian, EH20 9RH.
Telephone No. 0131 440 1213
website: www.davidpatonbc.co.uk
e-mail: davidpatonbc@btconnect.com
Established in 1981
Chartered Architectural Technologists
Png5
DRAWING NO.
1:50 SCALE FRONT ELEVATION WITH SHUTTERS CLOSED
PHOTO SHOWING PRESENT
STATE OF FRONT PORCH
PHOTO SHOWING FRONT ELEVATION OF HOUSE WITH
MODERN HOUSING ESTATE BEYOND
PHOTO SHOWING SIDE ELEVATION OF HOUSE WITH MODERN
HOUSING ESTATE BEYOND
Roof to be finished in Sarnafil, Grey in
colour
High level glazing to allow natural lighting to
room beyond
Coated Aluminium finish to fascias, soffits
and upstands coloured Anthracite Grey
Walls to be finished with in Larch Timber
straps natural in colour with shadow gap
between each spar, shadow gap to be
painted grey
Aluclad glazed doors Anthracite in Colour
shuttering to be in same material as walling
but with shadow gaps minimalised
Framelss Glazed panel to be introduced at
junction with existing house
Roof to be finished in Sarnafil, Grey in
colour
High level glazing to allow natural lighting to
room beyond
Coated Aluminium finish to fascias, soffits
and upstands coloured Anthracite Grey
Walls to be finished with in Larch Timber
straps natural in colour with shadow gap
between each spar, shadow gap to be
painted grey
Aluclad glazed doors Anthracite in Colour
shuttering to be in same material as walling
but with shadow gaps minimalised
Framelss Glazed panel to be introduced at
junction with existing house
Roof to be finished in Sarnafil, Grey in
colour
High level glazing to allow natural lighting to
room beyond
Coated Aluminium finish to fascias, soffits
and upstands coloured Anthracite Grey
Walls to be finished with in Larch Timber
straps natural in colour with shadow gap
between each spar, shadow gap to be
painted grey
Framelss Glazed panel to be introduced at
junction with existing house (obscured)
Aluclad door to be Anthracite Grey in colour
Roof to be finished in Sarnafil, Grey in
colour
Coated Aluminium finish to fascias, soffits
and upstands coloured Anthracite Grey
Walling on this elevation to be finished with
Smooth Render (K Rend or similar and
approved off white in colour)
New timber
double glazed
sash and case
window painted
to match existing
windows
A        Rear Extension made higher as per Planners request 15 July 2021             KM
Page 80 of 166

Page 81

PART VI
ENFORCEMENT
Application
Expressions used in
connection with
enforcement 123 (1) For the purposes of this Act -
(a) carrying out development without the required planning
permission, or
(b) failing to comply with any condition or limitation subject to
which planning permission has been granted, or
(c) initiating development without giving notice in accordance with
section 27A (1) of this Act, or
(d) carrying out development without displaying a notice in
accordance with section 27C (1) of this Act
constitutes a breach of planning control.
(2) For the purposes of this Act -
(a) the issue of an enforcement notice, or 
(b) the service of a breach of condition notice,
under this Part constitutes taking enforcement action as does the issuing
of a notice under section 33A
(3) In this Part “planning permission” includes planning permission under
Part III of the 1947 Act and Part III of the 1972 Act.  
Time Limits 124 (1) Where there has been a breach of planning control consisting in the
carrying out without planning permission of building, engineering,
mining or other operations in, on, over or under land, no enforcement
action may be taken after the end of the period of 4 years beginning with
the date on which the operations were substantially completed.  
(2) Where there has been a breach of planning control consisting in the
change of use of any building to use as a single dwellinghouse, no
enforcement action may be taken after the end of the period of 4 years
beginning with the date of the breach.  
(3) In the case of any other breach of planning control, no enforcement
action may be taken after the end of the period of 10 years beginning
with the date of the breach.
(4) Subsections (1) to (3) do not prevent -
(a) the service of a breach of condition notice in respect of any
breach of planning control if an enforcement notice in respect of
the breach is in effect, or
(b) taking further enforcement action in respect of any breach of
planning control if, during the period of 4 years ending with that
action being taken, the planning authority have taken or
purported to take enforcement action in respect of that breach.   
Enforcement Notices
Issue of
enforcement notice
127 (1) The planning authority may issue a notice (in this Act referred to as an
“enforcement notice”) where it appears to them –
(a) that there has been a breach of planning control, and
(b) that it is expedient to issue the notice, having regard to the
provisions of the development plan and to any other material
considerations.
(2) A copy of an enforcement notice shall be served -
(a) that there has been a breach of planning control, and
(b) on any other person having an interest in the land, being an
interest which, in the opinion of the authority, is materially
affected by the notice.
(3) The service of the notice shall take place -
Page 81 of 166

Page 82

(a) not more than 28 days after its date of issue, and   
(b) not less than 28 days before the date specified in it as the date on
which it is to take effect.    
Contents and effect
of notice 128 (1) An enforcement notice shall state -   
(a) the matters which appear to the planning authority to constitute
the breach of planning control, and   
(b) the paragraph of section 123(1) within which, in the opinion of
the authority, the breach falls.  
(2) A notice complies with subsection (1) (a) if it enables any person on
whom a copy of it is served to know what those matters are.  
(3) An enforcement notice shall specify the steps which the authority
require to be taken, or the activities which the authority require to cease,
in order to achieve, wholly or partly, any of the following purposes.    
(4) Those purposes are –   
(a) remedying the breach by making any development comply with
the terms (including conditions and limitations) of any planning
permission which has been granted in respect of the land by
discontinuing any use of the land or by restoring the land to its
condition before the breach took place;  or     
(b) remedying any injury to amenity which has been caused by the
breach.  
(5) An enforcement notice may, for example, require -   
(a) the alteration or removal of any buildings or works,   
(b) the alteration or removal of any buildings or works,   
(c) any activity on the land not to be carried on except to the extent
specified in the notice, or   
(d) the contour of a deposit of refuse of waste materials on land to be
modified by altering the gradient or gradients of its sides.  
(6) An enforcement notice issued in respect of a breach of planning control
consisting of demolition of a building may require the construction of a
building (in this section referred to as a “replacement building") which,
subject to subsection (7) is as similar as possible to the demolished
building.      
(7) A replacement building -   
(a) must comply with any requirement imposed by or under any
enactment applicable to the construction of buildings,   
(b) may differ from the demolished building in any respect which, if
the demolished building had been altered in that respect, would
not have constituted a breach of planning control, and   
(c) must comply with any regulations made for the purposes of this
subsection (including regulations modifying paragraphs (a) and
(b) of this subsection).    
(8) An enforcement notice shall specify the date on which it is to take effect
and, subject to section 131(3), shall take effect on that date.   
(9) An enforcement notice shall specify the period for compliance with the
notice at the end of which any steps are required to have been taken or
any activities are required to have ceased, and may specify different
periods for different steps or activities.  
(10) Where different periods apply to different steps or activities, references
in this Part to the period for compliance with an enforcement notice, in
relation to any step or activity, are to the period at the end of which the
step is required to have been taken or the activity is required to have
ceased.   
(11) An enforcement notice shall specify such additional matters as may be
prescribed.  
(12) Regulations may require every copy of an enforcement notice served
under section 127 to be accompanied by an explanatory note giving
prescribed information as to the right of appeal under section 130.
Page 82 of 166

Page 83

(13) Where
(a) an enforcement notice in respect of any breach of planning
control could have required any buildings or works to be
removed or any activity to cease, but does not do so, and  
(b) all the requirements of the notice have been complied with,
then, so far as the notice did not so require, planning permission shall be
treated as having been granted under section 33 in respect of
development consisting of the construction of the buildings or works or,
as the case may be, the carrying out of the activities.  
(14) Where -
(a) an enforcement notice requires the construction of a replacement
building, and
(b) all the requirements of the notice with respect to that construction
have been complied with,
planning permission shall be treated as having been granted under
section 33 in respect of development consisting of that construction.
Variation and
withdrawal of
enforcement notice
129 (1) The planning authority may -
(a) withdraw an enforcement notice issued by them, or
(b) waive or relax any requirement of such a notice and, in
particular, may extend any period specified in accordance with
section 128(9).
(2) The powers conferred by subsection (1) may be exercised whether or
not the notice has taken effect.
(3) The planning authority shall, immediately after exercising the powers
conferred by subsection (1), give notice of the exercise to every person
who has been served with a copy of the enforcement notice or would, if
the notice were reissued, be served with a copy of it.
(4) The withdrawal of an enforcement notice does not affect the power of
the planning authority to issue a further enforcement notice.
Appeal against
enforcement notice 130 (1) A person on whom an enforcement notice is served or any other person
having an interest in the land may, at any time before the date specified
in the notice as the date on which it is to take effect, appeal to the
Secretary of State against the notice on any of the following grounds -
(a) Repealed by 2006 Act.
(b) that the matters which, by virtue of section 128(1)(a) have been
stated in the notice, have not occurred;  
(c) That the matters (if they occurred) do not constitute a breach of
planning control;  
(d) that, at the date when the notice was issued, no enforcement action
could be taken in respect of any breach of planning control which
may be constituted by those matters;
(e) that copies of the enforcement notice were not served as required
by section 127;
(f) that the steps required by the notice to be taken, or the activities
required by the notice to cease, exceed what is necessary to remedy
any breach of planning control which may be constituted by those
matters or, as the case may be, to remedy any injury to amenity
which has been caused by any such breach;
(g) that any period specified in the notice in accordance with section
128(9) falls short of what should reasonably be allowed.
(2) An appeal under this section shall be made -
(a) by giving written notice of the appeal to the Secretary of State
before the date specified in the enforcement notice as the date on
which it is to take effect, or  
Page 83 of 166

Page 84

(b) by sending such notice to him in a properly addressed and prepaid
letter posted to him at such time that, in the ordinary course of
post, it would be delivered to him before that date ; or   
(c) by sending such notice to them using electronic communications
at such time that, in the ordinary course of transmission, it would
be delivered to them before that date  
(3) A person who gives notice under subsection (2) shall submit to the
Secretary of State, either when giving the notice or within the prescribed
time, a statement in writing -   
(a) specifying the grounds on which he is appealing against the
enforcement notice, and   
(b) giving such further information as may be prescribed. 
Appeals: 
supplementary
provisions
131 (1) The Secretary of State may by regulations prescribe the procedure which
is to be followed on appeals under section 130 and, in particular, but
without prejudice to the generality of the foregoing provisions of this
subsection, in so prescribing may -     
(a) specify the matters on which information is to be given in a
statement under section 130(3);   
(b) require the planning authority to submit, within such time as may
be specified, a statement indicating the submissions which they
propose to put forward on the appeal;   
(c) specify the matters to be included in such a statement;   
(d) require the authority or the appellant to give such notice of an
appeal as may be specified to such persons as may be specified;   
(e) require the authority to send to the Secretary of State, within such
period from the date of the bringing of the appeal as may be
specified, a copy of the enforcement notice and a list of the persons
served with copies of it.  
(2) Repealed by 2006 Act  
(3) Where an appeal is brought under section 130 the enforcement notice
shall be of no effect pending the final determination or the withdrawal of
the appeal. 
(4) Schedule 4 applies to appeals under section 130, including appeals under
that section as applied by regulations under any other provisions of this
Act. 
General provisions
relating to
determination of
appeals 
132 (1) On the determination of an appeal under section 130, the Secretary of
State shall give directions for giving effect to the determination,
including, where appropriate, directions for quashing the enforcement
notice. 
(2) On such an appeal the Secretary of State may -     
(a) correct any defect, error or misdescription in the enforcement
notice, or   
(b) vary the terms of the enforcement notice,   
if he is satisfied that the correction or variation will not cause injustice to
the appellant or the planning authority.    
(3) The Secretary of State may -   
(a) dismiss an appeal if the appellant fails to comply with section
130(3) within the prescribed time, and   
(b) allow an appeal and quash the enforcement notice if the planning
authority fail to comply with any requirement imposed by virtue
of paragraph (b), (c) or (e) of section 131(1).  
(4) Where it would otherwise be a ground for determining an appeal in favour
of the appellant that a person required by section 127(2) to be served with
a copy of the enforcement notice was not served, the Secretary of State
may disregard that fact if neither the appellant nor that person has been
substantially prejudiced by the failure to serve him.     
Page 84 of 166

Page 85

Grant or
modification of
planning permission
on appeal against
enforcement notice. 
133 (1) On the determination of an appeal under section 130, the Secretary of
State may   
(a) Repealed by 2006 Act   
(b) Repealed by 2006 Act   
(c) Repealed by 2006 Act   
(d) determine whether on the date on which the appeal was made, any
existing use of the land was lawful, any operations which had been
carried out in, on, over or under the land were lawful or any matter
constituting a failure to comply with any condition or limitation
subject to which the permission was granted was lawful and, if so,
issue a certificate under section 150. 
(2) The provision of sections 150 to 153 mentioned in subsection (3) shall
apply for the purposes of subsection (1)(d) as they apply for the purposes
of section 150, but as if -   
(a) any reference to an application for a certificate were a reference to
the appeal and any reference to the date of such an application
were a reference to the date on which the appeal is made, and 
(b) references to the planning authority were references to the
Secretary of State. 
(3) Those provisions are sections 150(5) to (7), 152(4) (so far as it relates to
the form of the certificate), (6) and (7) and 153. 
(4) Repealed by 2006 Act.    
(5) Repealed by 2006 Act.    
(6) Repealed by 2006 Act.    
(7) Repealed by 2006 Act.    
(8) Repealed by 2006 Act.    
(9) Repealed by 2006 Act.    
(10) Repealed by 2006 Act.    
(11) Repealed by 2006 Act.     
Validity of
enforcement notices
134 The validity of an enforcement notice shall not be questioned in any proceedings
whatsoever on any of the grounds specified in section 130(1) (b) to (e) except by
appeal under that section.    
Execution and cost
of works required by
enforcement notice
135 (1) If any steps which are required by an enforcement notice to be taken have
not been taken within the compliance period, the planning authority may
-
(a) enter the land take those steps, and 
(b) recover from the person who is then the owner or lessee of the
land any expenses reasonably incurred by them in doing so.  
(2) If that person did not appeal to the Secretary of State although entitled to
do so, he shall not be entitled to dispute the validity of the action taken
by the planning authority under subsection (1) in accordance with the
enforcement notice.  
(3) In computing the amount of the expenses which may be recovered by
them under subsection (1), a planning authority may include in that
amount such proportion of their administrative expenses as seems to
them to be appropriate.  
(4) Where a copy of an enforcement notice has been served in respect of
any breach of planning control -   
(a) any expenses incurred by the owner, lessee or occupier of any
land for the purpose of complying with the notice, and   
(b) any sums paid by the owner or lessee of any land under
subsection (1) in respect of expenses incurred by the planning
authority in taking steps required by such a notice to be taken,   
shall be recoverable from the person by whom the breach of planning
control was committed.
Page 85 of 166

Page 86

(5) If on a complaint by the owner of any land it appears to the sheriff that
the occupier of the land is preventing the owner from carrying out work
required to be carried out by an enforcement notice, the sheriff may by
warrant authorise the owner to go on to the land and carry out that work.  
(6) A planning authority taking steps under subsection (1) may sell any
materials removed by them from the land unless those materials are
claimed by the owner within three days of their removal.  
(7) After any such sale the planning authority shall pay the proceeds to the
owner less the expenses recoverable by them from him.  
(8) Where a planning authority seek, under subsection (1), to recover any
expenses from a person on the basis that he is the owner of any land,
and such person proves that -   
(a) he is receiving the rent in respect of that land merely as trustee,
tutor, curator, factor or agent of some other person, and   
(b) he has not, and since the date of the service on him of the
demand for payment has not had, in his hands on behalf of that
other person sufficient money to discharge the whole demand of
the authority,   
his liability shall be limited to the total amount of the money which he
has or has had in his hands on behalf of that other person.  
(9) A planning authority who by reason of subsection (8) have not
recovered the whole of any such expenses from a trustee, tutor, curator,
factor or agent may recover any unpaid balance from the person on
whose behalf the rent is received.  
(10) Any person who wilfully obstructs a person acting in the exercise of
powers under subsection (1) shall be guilty of an offence and liable on
summary conviction to a fine not exceeding level 3 on the standard
scale.    
(11) In this section and in sections 136, 136A, 140 and 141 any reference to
the compliance period, in relation to an enforcement notice, is a
reference to the period specified in the notice for compliance with it or
such extended period as the planning authority may allow for
compliance.  .     
Offence where
enforcement notice
not complied with
136 (1) Where, at any time after the end of the compliance period in respect of
an enforcement notice, any step required by the notice to be taken has
not been taken or any activity required by the notice to cease is being
carried on, the person who is then the owner of the land is in breach of
the notice.  
(2) Where the owner of the land is in breach of the notice he shall be guilty
of an offence.  
(3) In proceedings against any person for an offence under subsection (2), it
shall be a defence for him to show that he did everything he could be
expected to do to secure compliance with the notice.  
(4) A person who has control of or an interest in the land to which an
enforcement notice relates (other than the owner) must not carry on any
activity which is required by the notice to cease or cause or permit such
an activity to be carried on.  
(5) A person who, at any time after the end of the period for compliance
with the notice, contravenes subsection (4) shall be guilty of an offence.  
(6) An offence under subsection (2) or (5) may be charged by reference to
any day or longer period of time and a person may be convicted of a
second or subsequent offence under the subsection in question by
reference to any period of time following the preceding conviction for
such an offence.  
(7) Where -   
(a) a person charged with an offence under this section has not been
served with a copy of the enforcement notice, and   
(b) the notice is not contained in the appropriate register kept under
section 147,
Page 86 of 166

Page 87

it shall be a defence for him to show that he was not aware of the
existence of the notice.
(8) A person guilty of an offence under this section shall be liable -
(a) on summary conviction, to a fine not exceeding £50,000, and
(b) on conviction on indictment, to a fine.
(9) In determining the amount of any fine to be imposed on a person
convicted of an offence under this section, the court shall in particular
have regard to any financial benefit which has accrued or appears likely
to accrue to him in consequence of the offence.
136a Fixed penalty notice where enforcement notice not complied with
(1) Where a planning authority have reason to believe that, by virtue of
subsection
(1) of section 136, a person is in breach of an enforcement notice they
may, provided that the conditions mentioned in subsection (7) are
satisfied, serve on him a fixed penalty notice as respects that breach.
(2) The fixed penalty notice is to specify—
(a) the step specified, under subsection (3) of section 128, in the
enforcement notice which has not been taken, or
(b) the activity so specified which has not ceased.
(3) It is not competent to serve more than one fixed penalty notice in
relation to a particular step or activity.
(4) For the purposes of this section, a “fixed penalty notice” is a notice
offering the person the opportunity of discharging, by paying to the
planning authority, within the period of 30 days which immediately
follows the day on which that notice is served, a penalty of an amount
(being a prescribed amount) specified in the notice, any liability to
conviction for an offence under section 136 as respects the breach of the
enforcement notice.
(5) But if payment is made within the first 15 days of the period mentioned
in subsection (4) the amount payable is reduced by 25%.
(6) The fixed penalty notice is to identify the period mentioned in
subsection (4) and is also to state that if payment is made within the first
15 days of that period the amount payable is reduced by 25%.
(7) The conditions are that the fixed penalty notice—
(a) is served within the period of 6 months which immediately
follows the compliance period in relation to the enforcement
notice, and
(b) is not served after the person has been charged with an offence
under section 136 as respects the breach of the enforcement
notice
(8) During the period mentioned in subsection (4) it is not competent to
commence proceedings against the person for an offence under section
136 as respects that breach.
(9) If the amount (or as the case may be the reduced amount) is timeously
paid it is not competent to commence proceedings against the person for
an offence under section 136 as respects that breach.
(10) A penalty received by a planning authority by virtue of subsection (4) is
to accrue to that authority.
(11) In prescribing an amount for the purposes of subsection (4), the Scottish
Ministers may make different provision for different cases or for
different classes of case.
Effect of planning
permission etc on
enforcement or
breach of condition
notice
137 (1) Where, after the service of –
(a) a copy of an enforcement notice, or
(b) a breach of condition notice,
Page 87 of 166

Page 88

planning permission is granted for any development carried out before
the grant of that permission, the notice shall cease to have effect so far
as inconsistent with that permission.  
(2) Where, after a breach of condition notice has been served, any condition
to which the notice relates is discharged, the notice shall cease to have
effect so far as it requires any person to secure compliance with the
condition in question.  
(3) The fact that an enforcement notice or breach of condition notice has
wholly or partly ceased to have effect by virtue of this section shall not
affect the liability of any person for an offence in respect of a previous
failure to comply, or secure compliance, with the notice.    
Enforcement notice
to have effect
against subsequent
development
138 (1) Compliance with an enforcement notice, whether in respect of –   
(a) the removal or alteration of any building or works,   
(b) the discontinuance of any use of land, or   
(c) any other requirements contained in the notice,   
shall not discharge the notice.  
(2) Without prejudice to subsection (1), any provision of an enforcement
notice requiring a use of land to be discontinued shall operate as a
requirement that it shall be discontinued permanently, to the extent that
it is in contravention of Part III; and accordingly the resumption of that
use at any time after it has been discontinued in compliance with the
enforcement notice shall to that extent be in contravention of the
enforcement notice.  
(3) Without prejudice to subsection (1), if any development is carried out on
land by way of reinstating or restoring buildings or works which have
been removed or altered in compliance with an enforcement notice, the
notice shall, notwithstanding that its terms are not apt for the purpose,
be deemed to apply in relation to the buildings or works as reinstated or
restored as it applied in relation to the buildings or works before they
were removed or altered.  
(4) A person who, without the grant of planning permission in that behalf,
carries out any development on land by way of reinstating or restoring
buildings or works which have been removed or altered in compliance
with an enforcement notice shall be guilty of an offence, and shall be
liable on summary conviction to a fine not exceeding the statutory
maximum.  
(5) In determining the amount of the fine to be imposed under subsection
(4), the court is in particular to have regard to any financial benefit
which has accrued or appears likely to accrue to the convicted person in
consequence of the activity which constituted the offence.     
Power of Secretary
of State to serve
enforcement notice
139 (1) If it appears to the Secretary of State that it is expedient that an
enforcement notice should be served in respect of any land, he may
himself serve such a notice under section 127.  
(2) An enforcement notice served by the Secretary of State shall have the
same effect as if it had been served by the planning authority.  
(3) The Secretary of State shall not serve such a notice without consulting
the planning authority.  
(4) The provisions of this Act relating to enforcement notices apply, so far
as relevant, to an enforcement notice served by the Secretary of State as
they apply to an enforcement notice served by a planning authority, but
with the substitution for any reference to the planning authority of a
reference to the Secretary of State, and any other necessary
modifications.       
Page 88 of 166

Page 89

Planning Committee
Tuesday 28 March 2023
Item No: 5.4
LISTED BUILDING ENFORCEMENT NOTICE APPEAL DECISION WITH
REGARD THE INSTALLATION OF SIXTEEN UPVC FRAMED WINDOWS
AT 130 HIGH STREET, DALKEITH. 
Report by Chief Officer Place
1 PURPOSE OF REPORT
1.1 The purpose of this report is to advise the Committee of a listed
building enforcement notice appeal decision with regard the removal of
sixteen singled glazed, timber framed, sash and case windows, and the
installation of sixteen double glazed, uPVC framed, tilt and turn
windows in the front, rear and side facades at 130 High Street,
Dalkeith.
2 BACKGROUND
2.1 130 High Street, Dalkeith is a Category B listed building.  It is part of a
B Group of listed buildings with Nos 100 – 134, 140 and 142 High
Street.  It is also within the Dalkeith House and Park Conservation
Area.
2.2 A listed building enforcement notice was issued on the occupiers and
owner of the property on 8 November 2022, with a take effect date of 8
December 2022 and a compliance date of 30 May 2023.  A copy of the
enforcement notice is attached to this report as Appendix B.  The
enforcement notice required the owner and occupier of the property to:
(1) Remove all uPVC windows of the property and replace them with
white painted, timber frame, sash and case windows which match
the removed timber windows in glazing pattern, profile of frames
and astragals and all externally visible parts of the case/frames.
(2) Reinstate the traditional metal support bar across window cill in
three bays on the top floor of the front (north) elevation, matching
those still in place in the bays on the floor below.
2.3 The owner appealed the listed building enforcement notice - a Scottish
Government Reporter appointed to determine the appeal dismissed it
and upheld the listed building enforcement notice subject to the
deletion of the requirement to reinstate the traditional metal support
bars.  A copy of the appeal decision is attached to this report as
Page 89 of 166

Page 90

Appendix A.  As a consequence of the appeal the compliance period is
extended to 30 August 2023.
3 THE DECISION
3.1 The appeal was made on the following grounds as provided for by
section 35(1) of the Planning (Listed Buildings and Conservation
Areas) (Scotland) Act 1997:
- That (i) works to the building were urgently necessary in the
interests of safety or health, or for the preservation of the building;
(ii) it was not practicable to secure safety, health or the preservation
of the building by repair works; and (iii) the works carried out were
limited to the minimum measures immediately necessary;
- That listed building consent ought to be granted for the works; and
- The requirements of the notice exceed what is necessary for
restoring the building to its condition before the works were carried
out.
3.2 The Reporter was satisfied that:
- The removal of the sixteen original windows and installation of
sixteen uPVC windows were not urgently necessary in the interests
of health and safety, or for the preservation of the building;
- The windows which have been installed have a harmful impact on
the architectural and historic interest of the property, and that the
works that have been undertaken conflict with Policy ENV22 (Listed
Buildings) of Midlothian Local Development Plan 2017 and the
Dalkeith House and Park Conservation Area Character Appraisal
2004, leading to harm to the architectural and historic interest of the
property and to the character and appearance of the Conservation
Area; and
- Given that the works have harmed the architectural and historic
interest of the listed building and harmed the character and
appearance of the Conservation, the requirements of the notice to
remove those harmful windows and replace with windows that
match the original windows removed is therefore not excessive: the
steps are necessary to restore the building to its condition before
the works were carried out.
3.3 The Reporter therefore dismissed the appeal, refusing to grant listed
building consent for the matters covered in the listed building
enforcement notice, and directed the notice be upheld subject to
variation of the terms of the notice by the deletion of the words “(2)
Reinstate the traditional metal support bar across window cill in three
bays on the top floor of the front (north) elevation, matching those still
in place on the bays on the floor below”.
Page 90 of 166

Page 91

4 RECOMMENDATION
4.1 It is recommended that the Committee notes the enforcement notice
appeal decision with regard to the removal of sixteen singled glazed,
timber framed, sash and case windows, and the installation of sixteen
double glazed, uPVC framed, tilt and turn windows in the front, rear
and side facades at 130 High Street, Dalkeith.
Peter Arnsdorf
Planning, Sustainable Growth and Investment Manager
Date:    20 March 2023
Contact Person: Peter Arnsdorf, Planning, Sustainable Growth and
Investment Manager
peter.arnsdorf@midlothian.gov.uk
Page 91 of 166

Page 92

Planning and Environmental Appeals Division
Hadrian House, Callendar Business Park, Falkirk, FK1 1XR
E: dpea@gov.scot                                     T: 0300 244 6668
Appeal Decision notice

Preliminary matters
Following submissions from the appellant the Council accepted that there had not been the
removal of the metal support bar across the window cill in three bays on the top from of the
front (north) elevation. I therefore do not consider this matter in the appeal.
Decision
I dismiss the appeal, refuse to grant listed building consent for the matters covered in the
listed building enforcement notice, and direct that the notice be upheld subject to variation
of the terms of the notice by the deletion of the words “(2) Reinstate the traditional metal
support bar across window cill in three bays on the top floor of the front (north) elevation,
matching those still in place on the bays on the floor below”. Subject to any application to
the Court of Session, this notice takes effect on the date of the decision, which constitutes
the determination of the appeal for the purpose of Section 35(3) of the Planning (Listed
Buildings and Conservation Areas) (Scotland) Act 1997.
Reasoning
1. The appeal was made on the following grounds as provided for by section 35(1) of
the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (‘the Act’):
(d) that (i) works to the building were urgently necessary in the interests of safety or
health, or for the preservation of the building; (ii) it was not practicable to secure
safety or health or, as the case may be, the preservation of the building by works
of repair or works for affording temporary support or shelter; and (iii) the works
carried out were limited to the minimum measures immediately necessary;
Decision by C Leigh, a Reporter appointed by the Scottish Ministers
 Listed building enforcement appeal reference: LBE-290-2000
 Site address: 130 High Street, Dalkeith, EH22 1AU
 Appeal by Mrs Gloria Silvestri against the listed building enforcement notice dated 8
November 2022 served by Midlothian Council.
 Alleged breach of listed building control: The removal of sixteen single glazed, timber
framed, sash and case windows; the removal of traditional metal support bar across
window cill in three bays on the top floor of the front (north) elevation; the installation of
sixteen double glazed, uPVC framed, tilt and turn windows in the front, rear and side
facades.
 Grounds of appeal under s.35(1) of the Act: (d), (e) and (g)
 Date of site visit by Reporter: 9 February 2023
Date of appeal decision: 1 March 2023 
Appendix A
Page 92 of 166

Page 93

LBE-290-2000 2
(e) that listed building consent ought to be granted for the works, or that any relevant
condition of such consent which has been granted ought to be discharged, or
different conditions substituted;
(g) except in relation to such a requirement as is mentioned in section 34(2)(b) or (c),
that the requirements of the notice exceed what is necessary for restoring the
building to its condition before the works were carried out;
(d) That the works to the building were urgently necessary
2. I am informed the original windows that have been replaced had deteriorated,
causing issues with draughtproofing, damp and noise levels, and being poor in terms of
thermal efficiency. I have no reason to doubt that the previous windows, which were original
timber windows, were in such a condition. However, to be successful on ground (d) it must
be demonstrated that works to the building were urgently necessary for safety or health
reasons, or to preserve the building, and that temporary works would not have sufficed for
the purposes. It must also be demonstrated that the works done were limited to the
minimum measures immediately necessary.
3. The evidence presented to me explains that the windows deteriorated over time,
rather than there being an event that led to an urgent need for the works. Nor is there any
evidence of temporary works having been considered to suffice for any purpose, or of
alternative works being undertaken to the original windows. I further consider the
replacement of those original windows with uPVC to not represent the minimum measures
immediately necessary.
4. The removal of the sixteen original windows and installation of sixteen uPVC
windows were therefore not urgently necessary in the interests of safety or health, or for the
preservation of the building. The appeal on ground (d) fails.
(e) That listed building consent out to be granted for the works
5. 130 High Street is a Category B listed building and is an attractive example of a 19th
Century tenement with shop. The property sits within a group of other Category B listed
buildings with Nos. 100 and 102, 104 and 106, 108 and 110, 112 and 114, 116-120, 122-
126, and 140 and 142 High Street. These properties lie within the wider Dalkeith House and
Park Conservation Area, where I saw at my site visit a high quality mixed commercial area
with windows being predominately timber sash and case design with astragals. Under
section 14(2) of the Act I have a duty to have special regard to the desirability of preserving
the building or its setting, or any features of special architectural or historic interest which it
possesses. I also have a duty to pay special regard to the preservation or enhancement of
the conservation area under section 64(1) of the Act.
6. I have been provided with photographs of the original windows that have been
replaced at the front of the property, and I saw at my site visit the remaining original
windows in the building. Those original windows were sliding sash with a 6 over 6 pane
patter, and with slim proportions to their frame and astragals. Their design and use of
materials are a suitably elegant and restrained part of the overall composition of the listed
building, and represent an essential part of the historic and architectural interest of the
property.
7. The new windows at the front of the property do not display a sensitivity of design to
the building. The frames are of chunkier dimensions made of uPVC, the glazing sees
Page 93 of 166

Page 94

LBE-290-2000 3
applied astragals to create a 4 over 4 pane design, and the windows are tilt and turn
opening. These features combine to create windows that significantly jar with the building
and harm its special historic and architectural interest. This harmful effect is widely visible in
the area due to views along the road, and the inappropriate design further contrasts with the
character of nearby buildings.
8. The windows to the rear and side of the building can be seen from Robertson’s
Close, and from areas and residential properties between High Street and Tait Street/St
Andrews Street. I acknowledge these windows are seen from fewer location than those on
the front elevation, but I saw at my site visit that, in those more limited locations, the
windows are clearly visible and are an important element in the historic and architectural
interest of the property.
9. The uPVC windows that have replaced the original windows to the rear and side
display similar shortcomings to those at the front: the dimensions of the frames create a
heavy appearance, with poor proportions to the windows, and the appearance of the uPVC
is a jarring use of modern materials that contrasts with the building. I saw that the rear of
the property and the wider area sees a number of changes to buildings, but in this context
the windows that have been installed still appear as discordant elements.
10. It is my conclusion regarding the whole building that the windows which have been
installed have a harmful impact on the architectural and historic interest of the property.
11. The Midlothian Local Development Plan 2018 is a material consideration in this
appeal, and Policy ENV 22 in essence addresses the same provisions in the Act in respect
of the preservation of listed buildings, their setting, or any features of architectural or historic
interest that they possess. The Council’s Dalkeith House & Park Conservation Area
Character Appraisal 2004 identifies that sash and case windows with astragals and original
fenestration are part of the character of the Area, and states that such windows should
almost always be retained.  For the same reasons as expressed above, I consider the
works that have been undertaken conflict with Policy ENV 22 and the Character Appraisal,
leading to harm to the architectural and historic interest of the property and to the character
and appearance of the Conservation Area.
12. I acknowledge the appellant’s submissions that the installed windows have been
installed to improve energy and sound insulation. The publication from Historic Environment
Scotland (HES) Managing Change in the Historic Environment: Windows is a further
material consideration in this appeal. This advises that the energy efficiency of existing
windows can be improved through measures other than replacement and I have not seen
any evidence that such measures were considered or rejected for any specific reason. I
also note that, although I have no reason to doubt the original windows were poorly
deteriorated, I have not seen any evidence as to why the windows could not be repaired
and any improvements to efficiency undertaken. Moreover, even if the original windows
were beyond repair, the HES publication advises that new double-glazed windows may be
acceptable if they can closely match the original window design, detail and materials. As
noted earlier, the windows at the appeal property have not done this.
13. The appeal on ground (e) therefore fails.
(g) The steps required by the notice are excessive
14. The notice requires the removal of all the uPVC windows and replacement with
windows to match the original in terms of design, appearance and materials.
Page 94 of 166

Page 95

LBE-290-2000  4 
15. I have found that the works have harmed the architectural and historic interest of the
listed building and harmed the character and appearance of the Conservation Area. The
requirements of the notice to remove those harmful windows and replace with windows that
match the original windows removed is therefore not excessive: the steps are necessary to
restore the building to its condition before the works were carried out. 
16. I acknowledge the financial burden to which the appellant will be put through
compliance with the notice. However, this is not a material consideration in whether the
requirements of the notice exceed what is necessary for restoring the building to its
condition before the works were carried out. The appeal on ground (g) fails. 
Conclusion 
17. The appellant states that she has replaced 11 windows at the property, not 16. It is
clear that all 16 windows have been replaced at some time, and no firm evidence has been
provided to substantiate the claim regarding only 11 being replaced. In any event, even if
some windows may have been replaced in the past there is no provision in the Act for an
appeal on the ground of immunity from enforcement action. On the basis of what I have
read and seen it is my view on the balance of probability that 16 windows have been
replaced. 
18. I note representations in support of the windows being retained. However, for the
reasons set out in this decision the works that have been undertaken are harmful to the
listed building and to the Conservation Area, and are thus contrary to the purposes of the
Act, as well as conflicting with the development plan and guidance from HES. This support
therefore does not alter my findings regarding the replacement windows. 
19. I have considered all the other matters raised but there are none which would lead
me to alter my conclusion that the appeal fails. I have, though, modified the terms of the
notice to remove reference to the need to reinstate the metal support bars on the front
elevation to accord with the confirmation from the Council that such works had not
occurred. 
C Leigh
Reporter 
Page 95 of 166

Page 96

E/22/39
IMPORTANT – CONTINUES ON NEXT PAGE 
IMPORTANT – THIS COMMUNICATION AFFECTS YOUR LAND OR
PROPERTY 
Planning (Listed Buildings and Conservation Areas) (Scotland) Act
1997, as amended (“the Act”) 
LISTED BUILDING ENFORCEMENT
NOTICE 
Issued by Midlothian Council
08 November 2022 
This Notice is served on: 
The Owner 130 High Street
Mrs G Silvestri
19-21 High Street
Bonnyrigg
EH19 2DA 
Mr W Williams (the occupier)
130A High Street
Dalkeith
EH22 1AU
Mr S & Mrs A Cazan (the occupier)
130B High Street
Dalkeith 
EH22 1AU
Miss A Gavrill & Mr G Nst (the
occupiers)
130C High Street
Dalkeith
EH22 1AU 
Mr I & Mrs T Francis (the occupiers)
130D High Street
Dalkeith
EH22 1AU 
1. THIS IS A FORMAL NOTICE which is issued by Midlothian Council under
Section 34 of the Act because the Council considers that there has been a
breach of planning control within Sections 6 and 8(1) of the Act at the listed
building described below.  The Council considers that it is expedient to issue this
notice, having regard to the effect of the character of the building as one of
special architectural or historic interest and provisions of the development plan.   
2. THE LISTED BUILDING AFFECTED 
130 High Street, Dalkeith, EH22 1AU. 
It forms part of a Category B listed building address 128-134 High Street,
Dalkeith (Listed Building Reference 24414, date of listing 30 June 1983.
Appendix B
Page 96 of 166

Page 97

E/22/39
IMPORTANT – CONTINUES ON NEXT PAGE 
This listed building is in a B Group with Nos 100 and 102, 104 and 106, 108 and
110, 112 and 114, 116-120, 122-126, and 140 and 142 High Street. 
It is in the Dalkeith House and Park Conservation Area. 
3. THE MATTERS WHICH APPEAR TO CONSTITUTE THE BREACH OF
PLANNING CONTROL 
Without listed building consent: 
- The removal of sixteen single glazed, timber framed, sash and case windows;
- the removal of traditional metal support bar across window cill in three bays
on the top floor of the front (north) elevation.
- The installation of sixteen double glazed, uPVC framed, tilt and turn windows
in the front, rear and side facades.     
4. REASONS FOR ISSUING THIS NOTICE 
Section 6 of the Planning (Listed Buildings and Conservation Areas) (Scotland)
Act 1997 states “no person shall execute or cause to be executed any works for
the demolition of a listed building or for its alteration or extension in any manner
which would affect its character as a building of special architectural or historic
interest, unless the works are authorised”.  The test for whether Listed Building
Consent is requires is whether the works “would affect its character as a building
of special architectural or historic interest”. 
130 High Street is a Category B listed building. 
The features of original windows are an essential part of the character of the
windows and buildings.  These features include materials, glazing pattern, colour
of frames, method of opening, dimensions and profiles of frames and astragals,
all externally visible parts of the case/frames, and the size and position of the
windows in the building.   
The materials, glazing pattern, method of opening, profiles of frames and
astragals and the externally visible parts of the case/frames of all the
replacement windows differ from the window which were removed.  The
replacement windows therefore materially detract from the character and
appearance of the listed building.  Given this, it is concluded that listed building
consent is required for the alterations.  Listed building consent has not been
granted or sought in relation to the replacement windows.  A breach of listed
building control has therefore occurred. 
In view of the harmful impact of the replacement windows, enforcement action is
required. 
Page 97 of 166

Page 98

E/22/39
IMPORTANT – CONTINUES ON NEXT PAGE 
5. WHAT YOU ARE REQUIRED TO DO 
(1) Remove all uPVC windows of the property and replace them with white
painted, timber frame, sash and case windows which match the removed
timber windows in glazing pattern, profile of frames and astragals and all
externally visible parts of the case/frames. 
(2) Reinstate the traditional metal support bar across window cill in three bays on
the top floor of the front (north) elevation, matching those still in place in the
bays on the floor below. 
6. TIME FOR COMPLIANCE 
Requirement 5(1) and 5(2) to be complied with by 30 May 2023. 
7. WHEN THIS NOTICE TAKES EFFECT 
This Notice takes effect on 08 December 2022 unless an appeal is made against
it beforehand. 
Signed 
Matthew Atkins
Lead Officer – Planning Obligations
Planning, Sustainable Growth and Investment Service 
Place Directorate
Midlothian Council 
Date: 08 November 2022 
Page 98 of 166

Page 99

E/22/39
IMPORTANT – CONTINUES ON NEXT PAGE 
8. YOUR RIGHT OF APPEAL 
You can appeal against this notice, but any appeal must be must be received, or
posted in time to be received by the Scottish Ministers before 09 December 2022.
Any other person who has an interest in the land to which this notice relates may
also appeal to the Scottish Ministers by the same date. 
Schedule 1 of this notice gives information on your Right of Appeal. 
9. WHAT HAPPENS IF YOU DO NOT APPEAL 
If you do not appeal against this enforcement notice, it will take effect on 09
December 2022 and you must then ensure that the required steps for complying
with it, for which you may be held responsible, are taken within the period
specified in the notice. Failure to comply with an enforcement notice which has
taken effect can result in prosecution or the service of a Fixed Penalty Notice on
the relevant person(s) who have not complied with its requirements. Failure to
comply with an enforcement notice which has taken effect may also result in the
Council taking direct action to correct the breach. 
Page 99 of 166

Page 100

E/22/39
IMPORTANT – CONTINUES ON NEXT PAGE 
SCHEDULE 1 
EXPLANATORY NOTE FOR THOSE IN RECEIPT OF AN ENFORCEMENT
NOTICE 
RELEVANT LEGISLATION 
Sections 6, 8 and 34-39 of the Planning (Listed Building and Conservation Areas)
(Scotland) Act 1997, as amended. 
You may wish to note in particular the points referred to below. 
RIGHT OF APPEAL 
If you wish to appeal against this notice, you should write to The Directorate for
Planning and Environmental Appeals, Ground Floor, Hadrian House, Callendar
Business Park, Callendar Road, Falkirk, FK1 1XR or contact the DPEA via their
website https://www.dpea.scotland.gov.uk/. The appeal must be received, or
posted in time to be received by the Scottish Ministers before the date on which
this notice takes effect. The Scottish Ministers have no power to consider an
appeal lodged out of time. 
The appeal, which must be made in writing, must be based on one or more of the
grounds set out in section 35 of the Planning (Listed Building and Conservation
Areas) (Scotland) Act 1997, as amended. If you decide to appeal you should
state the facts on which you propose to rely in support of each of the grounds of
appeal.  The grounds of appeal and the statement of facts must be submitted
with your appeal or within fourteen days of your being required to do so by the
Scottish Ministers. 
If you lodge an appeal, the enforcement notice is suspended and will not take
effect unless the appeal is withdrawn or dismissed. 
PENALTIES FOR NON-COMPLIANCE WITH AN ENFORCEMENT NOTICE 
Where, after the end of the period for compliance with this notice, any steps
required to be taken have not been complied with, unless a valid appeal has
been made to the directorate, the person who is, for the time being the owner of
the building shall be in breach of this notice and guilty of an offence. Any person
guilty of such an offence shall be liable on summary conviction to a fine of
£20,000 or on conviction on indictment to an unlimited fine. 
Page 100 of 166

Page 101

E/22/39
IMPORTANT – CONTINUES ON NEXT PAGE 
DIRECT ACTION FOR NON-COMPLIANCE WITH AN ENFORCEMENT
NOTICE 
If the steps required by a Listed Building Enforcement Notice are not taken within
the specified period(s) the Council may enter on the land, take those steps and
recover as a civil debt from the person who is then the owner, or the lessee of the
land, any expenses reasonably incurred. 
FURTHER OFFENCES 
Compliance with the terms of a listed building enforcement notice does not
discharge that notice.  It will continue in effect and any repetition of the breach of
control may incur further penalties or may result in direct action by the Council. 
Page 101 of 166

Page 102

Page 102 of 166

Page 103

Planning Committee
Tuesday 28 March 2023
Item No: 5.5
IMPACT OF NATIONAL PLANNING FRAMEWORK NO.4 (NPF4) ON
UNDETERMINED PLANNING APPLICATIONS WHICH ARE THE
SUBJECT OF A PLANNING OBLIGATION
Report by Chief Officer Place
1 PURPOSE OF REPORT
1.1 The purpose of this report is to seek the Committee’s agreement that
planning applications, considered prior to the adoption of National
Planning Framework No. 4 (NPF4), that have a ‘minded to grant’
decision and are subject to the completion of a planning obligation are
progressed to conclusion without referral back to the Committee or
Local Review Body (LRB). 
2 BACKGROUND
2.1 At its meeting of 28 February 2023 the Committee considered a NPF4
update report which advised; on 11 January 2023 the Scottish
Parliament approved NPF4, which was then adopted and published by
Scottish Ministers on Monday 13 February 2023.  NPF4 along with the
Midlothian Local Development Plan (MLDP), which was adopted on 7
November 2017, forms the statutory development plan for Midlothian.  
2.2 Section 25 of the Town and Country Planning (Scotland) Act 1997 as
amended (by the 2006 Planning etc. Act and The Planning (Scotland)
Act 2019) states: “Where, in making any determination under the
planning Acts, regard is to be had to the development plan, the
determination shall be made in accordance with the plan unless material
considerations indicate otherwise”.  NPF4 is part of the development
plan, along with the MLDP and as such both documents provide the
policy position against which planning applications and other
applications made under the planning Acts are assessed.
2.3 As NPF4 is a more recent document than MLDP, and as such is seen
as being more up to date, where there is an incompatibility in policies
between NPF4 and MLDP, NPF4 will carry more weight in the decision
making process in policy terms – however, the local planning authority
can determine that material considerations are such that the policy
position set out in MLDP is the position the Council wants to adopt in the
assessment of an application especially until MLDP2 is adopted.  The
development land allocations made and confirmed in the MLDP remain
and are not amended as a result of the adoption of NPF4.  
Page 103 of 166

Page 104

2.4 Procedurally, planning applications are determined in accordance with
the Town and Country Planning (Scotland) Act 1997 as amended
(hereafter referred to as the Act) and associated regulations and
Scottish Government advice in particular the Town and Country
Planning (Development Management Procedure) (Scotland)
Regulations 2013.   
2.5 In considering an application section 37(2) of the Act states “the
authority shall have regard to the provisions of the development plan, so
far as material to the application, and to any other material
considerations”. 
2.6 Section 37(4) of the Act with regard the determination of applications
states that “the date of the grant or refusal” ... “shall be the date on
which the planning authority’s decision bears to have been signed on
behalf of the authority”.  The issuing of the decision notice bears the
signature of the authority. 
2.7 The courts have held that a decision on a planning application is not
deemed to have been formally made until the issue of a decision letter
Co-operative Retail Services Ltd v Taff-Ely BC (1978) and later R v
West Oxfordshire District council ex parte Pearce Homes Ltd (1985).
Court judgements on points of principle and procedure transpose both
Scottish and English planning systems. 
2.8 As a Committee resolution to approve/refuse an application does not
constitute a written decision notice, applications may be withdrawn,
appealed against non-determination or referred back to Committee for
reconsideration before the issue of a decision notice (this scenario is
very unusual – but technically possible). 
2.9 In cases where an application is not subject to a legal
agreement/developer contributions it is Midlothian’s practice to issue the
decision notice as soon as practicably possible after a Committee
resolution (usually the following day).  However, there can be a
significant period of time between a Committee resolution and the
issuing of a decision notice in those cases which are subject to the
conclusion of a legal agreement. 
2.10 The Council as Planning Authority has a number of planning
applications which were considered by the Committee or LRB and have
been determined to be acceptable subject to a planning obligation to
secure developer contributions.  Prior to the conclusion of a planning
obligation and the issuing of a decision notice applications have a
‘minded to grant’ status. 
3 OUTSTANDING APPLICATIONS 
3.1 The applications set out in the following tables have a ‘minded to grant’
status and are subject to planning obligation negotiations and legal
processes.
Page 104 of 166

Page 105

Table 1 - Planning Application Decisions made by Committee 
Planning
Application
Reference/Site
Developer Development Date
considered by
Committee
Planning
Obligation
Status
18/00081/DPP
Upper Dalhousie
Sand Quarry
Tillicoultry
Quarries
Extension to sand
quarry
28.08.2018 Heads of Terms
with applicant
18/00082/S42
Upper Dalhousie
Sand Quarry
Tillicoultry
Quarries
Amendment to
conditions of
existing permission
28.08.2018 Heads of Terms
with applicant
17/00408/DPP
Newton Farm
Cala Erection of 504
dwellings
22.01.2019
and
24.11.2020
Advanced draft
agreement
prepared
17/00409/DPP
Wellington Farm
Cala Erection of 117
Dwellings
22.01.2019 Advanced draft
agreement
prepared
19/01039/PPP
Hs16 Bilston
TW/Hallam
Land
Residential
development in
principle (indicative
214 dwellings)
31.08.2021 Advanced draft
agreement
prepared
20/00151/PPP
HS12
TW Residential
development in
principle (indicative
1,032 dwellings)
06.04.2021 Legal instructed
to draft
agreement
20/00774/PPP
Hs1 safeguard
Wellington
Farms Ltd
Residential
development in
principle (indicative
360 dwellings)
15.03.2022 Head of Terms
negotiations
ongoing
21/00982/PPP
Sheriffhall South
Buccleuch Business,
commercial, mixed
use development
14.06.2022 Agreement out
for signing
22/00066/DPP
Newbyres,
Gorebridge
Persimmon Erection of 96
dwellings
22.11.2022 Advanced draft
agreement
prepared
22/00588/S42
Land at
Newtonloan
Omnivale S42 application for
business uses –
amendments to
access
11.01.2023 Legal instructed
to draft
agreement 
Table 2 - Notice of Review Decisions made by Local Review Body (LRB) 
Planning
Application
Reference/Site
Developer Development Date
considered by
LRB
Planning
Obligation
Status
15/00703/DPP
Land at Lugton
Brae
Jamie o
Rourke
Erection of five
dwellings
08.03.2016 Heads of Terms
with applicant
21/00571/PPP
Land at
Newlandrig
Mr Darling Residential
development in
principle (indicative
10 dwellings)
22.02.2022 Draft legal
agreement with
applicant
Page 105 of 166

Page 106

3.2 The ‘minded to grant’ decisions set out in tables 1 and 2 were made
prior to the adoption of NPF4.  As it is a requirement to consider the
development plan (including NPF4 from 13 February 2023) prior to
issuing a planning application decision, officers have reviewed those
cases which have ‘minded to grant’ status and consider NPF4 does not
trigger a referral of the cases back to Committee for reconsideration and
that the planning applications can precede to approval on the basis
determined by the Committee or LRB at the time of consideration –
however, as the decisions were ones made by elected members, it is
appropriate for the Committee to consider this position.   
4 RECOMMENDATIONS 
4.1 It is recommended that the Committee agrees that those planning
applications, considered prior to the adoption of NPF4, that have a
‘minded to grant’ decision as set out in tables 1 and 2 of the report are
progressed to conclusion without being referred back to the Committee
or the Local Review Body. 
Peter Arnsdorf
Planning, Sustainable Growth and Investment Manager 
Date:   20 March 2023
Contact Person:  Peter Arnsdorf, Planning, Sustainable Growth and
Investment Manager
peter.arnsdorf@midlothian.gov.uk 
Background Papers:  NPF4 update reported presented to Committee at its
meeting of 28 February 2023. 
Page 106 of 166

Page 107

Planning Committee 
Tuesday 28 March 2023 
Item No: 5.6
APPLICATION FOR PLANNING PERMISSION 22/00253/DPP FOR THE
ERECTION OF 35 DWELLINGHOUSES AND ASSOCIATED WORKS
(AMENDMENT TO HOUSETYPES APPROVED BY PLANNING
PERMISSION 17/00068/DPP) AT LAND BETWEEN DEANBURN AND
MAURICEWOOD ROAD, PENICUIK 
Report by Chief Officer Place
1 SUMMARY OF APPLICATION AND RECOMMENDED DECISION
1.1 The planning application is for the erection of 35 dwellinghouses
on land between Deanburn and Mauricewood Road Penicuik.  The
application proposes an amendment to the house types
previously granted planning permission (17/00068/DPP) for part of
the wider North West Penicuik development site. 
1.2 There have been no representations and there was no
requirement to undertake statutory or third party consultations.
1.3 The relevant development plan policies are policies 1, 2, 3, 6, 13,
14, 15, 16, 18, 20, 21, 22, 23 and 24 of the National Planning
Framework 4 (NPF4) and policies STRAT1, DEV2, DEV3, DEV5,
DEV6, DEV7, DEV9, TRAN1, TRAN2, TRAN5, IT1, ENV2, ENV7,
ENV9, ENV10, ENV11, ENV15, ENV24, 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 the applicant modifying/amending the planning
obligation that covers the sites development to ensure
contributions towards necessary infrastructure are secured. 
2 LOCATION AND SITE DESCRIPTION
2.1 The application site is part of a larger housing development site located
to the north west of the built up area of Penicuik, on land between
Deanburn and Mauricewood Road – the housing development site as a
whole is referred to as North West Penicuik and Deanburn.  The
development site was originally allocated for residential development in
the 2008 Midlothian Local Plan.  Detailed planning permission
(17/00068/DPP) for the erection of 554 residential units and associated
works across six development areas (sites h26 - Deanburn and h58 –
North West Penicuik in the MLDP) was granted planning permission in
Page 107 of 166

Page 108

September 2018, subsequent amends to the scheme have increased
the unit numbers to 566.  Construction work across the wider site is
ongoing and approximately 287 dwellings have been built. 
2.2 The application site is located within one of the six development zones
within the wider North West Penicuik development, in an area called
the ‘Nursery Zone’ or ‘Carnethy Heights’– the site is the western part of
this development zone, ‘Nursey West’.  This site slopes downwards
from north west to south east with approximately a 5 metre variation in
levels across the site.  It is accessed from, and located to the west of,
Mauricewood Road. There is existing woodland planting around this
phase of the development. 
2.3 The existing housing nearby, to the south, within the existing
settlement of Penicuik comprises predominantly traditional post war,
two-storey terraced and semi-detached houses and share the same
form and character as the proposed development - typically
square/rectangular buildings fronting onto streets with front and rear
gardens and either fenced or hedged boundaries.  The majority of the
buildings are characterised by various forms of rendered wall finish. 
3 PROPOSAL 
3.1 The current application is for detailed planning permission for the
erection of 35 detached dwellinghouses.  The proposal sees an
amendment to the house types of 35 dwellinghouses previously
approved in terms of the larger consented housing site, planning
permission 17/00068/DPP. 
3.2 The amended house types are of a different design to those previously
approved and also result in the overall number of bedrooms increasing
by 24 as compared to the approved scheme. The application site will
comprise 26 five bedroom dwellings and 9 four bedroom dwellings – all
the dwellings are two storey in height. 
3.3 The proposed housing type mix comprises of the following house
types:
• House type Thurso – five dwellings;
• House type Lenzie – five dwellings
• House type Nairn – two dwellings;
• House type Stirling – seven dwellings;
• House type Pitlochry – six dwellings; 
• House type Orkney – four dwellings;
• House type Rothesay – six dwellings 
3.4 Proposed materials include white render and reconstituted stone base
course/surrounds, white uPVC windows with astragals and concrete
tile roof. 
Page 108 of 166

Page 109

3.5 The proposed layout retains much of the approved roads and footpaths
as previously shown on the layout approved in terms of planning
permission 17/00068/DPP. There have been some small amendments
to some parking arrangements. 
4 BACKGROUND 
4.1 This application site forms part of a larger residential allocation, site
h58, in the Midlothian Local Development Plan 2017.  The site was
originally allocated in the 2008 Midlothian Local Plan as site H16. 
4.2 The wider housing development site located to the north west of the
built up area of Penicuik is referred to as North West Penicuik (site h58
allocated for 385 residential units) and Deanburn (site h26 allocated for
109 residential units).  Detailed planning permission (17/00068/DPP)
for the erection of 554 residential units and associated works across six
development areas (sites h26 and h58 in the MLDP) was granted
planning permission in September 2018, subsequent amends to the
scheme have increased the unit numbers to 566.  Construction work
across the wider site is ongoing and approximately 287 dwellings have
been built. 
4.3 The application site is located within one of the six development zones
within the wider North West Penicuik development, in an area called
the ‘Nursery Zone’ or ‘Carnethy Heights’– the application site is the
western part of this development zone, ‘Nursey West’.  The approved
layout and form of development in the southern part of this zone
‘Nursery South’ has also been subject to amendments via planning
permission 19/00576/DPP for the erection of 13 dwellinghouses
(including five additional affordable units) and associated works, which
was approved in 2019, and planning permission 20/00088/DPP for the
erection of 28 flatted dwellings in two blocks and associated works
(amendment to the design of the original approval), which was
approved in 2020. 
4.4 The proposal is classed as a Major Development, as defined by the
Town and Country Planning (Scotland) (Hierarchy of Developments)
Regulations 2009.  Therefore, the applicant has certain obligations in
relation to pre-application consultation with the community.  The
applicant submitted a proposal of application notice to the Council
(15/00987/PAC) which was reported to Committee at its meeting of
March 2016.  Although this pre-application consultation was primarily
the foundation to application 17/00068/DPP for the wider
Deanburn/North West Penicuik development site the current planning
application is covered by this 2015 pre-application consultation due to
the proposal being within the wider development site and of a similar
form of development (note – application 22/00253/DPP was submitted
prior to October 2022, when changes in regulations introduced a time
limit to submitting a planning application on the back of a pre-
application consultation). 
Page 109 of 166

Page 110

5 CONSULTATIONS 
5.1 No consultations were required as the application relates to the
amendment of house types only – no additional units are proposed by
this planning application. 
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 6 Forestry, woodland and trees; sets out to protect and
expand forests, woodland and trees. 
7.7 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. 
7.8 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. 
7.9 Policy 15 Local Living and 20 minute neighbourhoods; sets out to
encourage, promote and facilitate the application of the Place Principle
and create connected and compact neighbourhoods where people can
meet the majority of their daily needs within a reasonable distance of
their home, preferably by walking, wheeling or cycling or using
sustainable transport options. 
Page 110 of 166

Page 111

7.10 Policy 16 Quality homes; sets out to encourage, promote and facilitate
the delivery of more high quality, affordable and sustainable homes, in
the right locations, providing choice across tenures that meet the
diverse housing needs of people and communities across Scotland. 
7.11 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. 
7.12 Policy 20 Blue and green infrastructure; sets out to protect and
enhance blue and green infrastructure and their networks. 
7.13 Policy 21 Play, recreation and sport; sets out to encourage, promote
and facilitate spaces and opportunities for play, recreation and sport. 
7.14 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. 
7.15 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. 
7.16 Policy 24 Digital Infrastructure; sets out to encourage, promote and
facilitate the rollout of digital infrastructure across Scotland to unlock
the potential of all our places and the economy. 
Midlothian Local Development Plan (MLDP) 
7.17 Policy STRAT 1: Committed Development seeks the early
implementation of all committed development sites and related
infrastructure, facilities and affordable housing, including sites in the
established housing land supply. Committed development includes
those sites allocated in previous development plans which are
continued in the MLDP. 
7.18 Policy DEV2: Protecting Amenity within the Built-Up Area states
that development will not be permitted where it would have an adverse
impact on the character or amenity of a built-up area. 
7.19 Policy DEV3: Affordable and Specialist Housing seeks an affordable
housing contribution of 25% from sites allocated in the MLDP.
Providing lower levels of affordable housing requirement may be
acceptable where this has been fully justified to the Council. This policy
supersedes previous local plan provisions for affordable housing; for
sites allocated in the Midlothian Local Plan (2003) that do not benefit
from planning permission, the Council will require reasoned justification
Page 111 of 166

Page 112

in relation to current housing needs as to why a 25% affordable
housing requirement should not apply to the site. 
7.20 Policy DEV5: Sustainability in New Development sets out the
requirements for development with regards to sustainability principles. 
7.21 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. 
7.22 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. 
7.23 Policy DEV9: Open Space Standards sets out the necessary open
space for new developments. This policy requires that the Council
assess applications for new development against the open space
standards as set out in Appendix 4 of that Plan and seeks an
appropriate solution where there is an identified deficiency in any of the
listed categories (quality, quantity and accessibility). 
7.24 Policy TRAN1: Sustainable Travel aims to encourage sustainable
modes of travel. 
7.25 Policy TRAN2: Transport Network Interventions highlights the
various transport interventions required across the Council area,
including the A701 realignment. 
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 IT1: Digital Infrastructure supports the incorporation of high
speed broadband connections and other digital technologies into new
homes. 
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 ENV7: Landscape Character states that development will not
be permitted where it significantly and adversely affects local
landscape character. Where development is acceptable, it should
respect such character and be compatible in terms of scale, siting and
Page 112 of 166

Page 113

design. New development will normally be required to incorporate
proposals to maintain the diversity and distinctiveness of the local
landscapes and to enhance landscape characteristics where they have
been weakened. 
7.30 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. 
7.31  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 environmental. 
7.32 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. 
7.33 Policy ENV15: Species and Habitat Protection and Enhancement
presumes against development that would affect a species protected
by European or UK law. 
7.34 Policy ENV24: Other Important Archaeological or Historic Sites
seeks to prevent development that would adversely affect regionally or
locally important archaeological or historic sites, or their setting. 
7.35 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. 
7.36 Policy NRG6: Community Heating seeks to ensure developments
deliver, contribute towards or enable the provision of community
heating schemes. 
7.37 Policy IMP1: New Development. This policy ensures that appropriate
provision is made for a need which arises from new development. Of
Page 113 of 166

Page 114

relevance in this case are education provision, transport infrastructure;
contributions towards making good facility deficiencies; affordable
housing; landscaping; public transport connections, including bus stops
and shelters; parking in accordance with approved standards; cycling
access and facilities; pedestrian access; acceptable alternative access
routes, access for people with mobility issues; traffic and environmental
management issues; protection/management/compensation for natural
and conservation interests affected; archaeological provision and
‘percent for art’ provision. 
7.38 Policy IMP2: Essential Infrastructure Required to Enable New
Development to Take Place states that new development will not take
place until provision has been made for essential infrastructure and
environmental and community facility related to the scale and impact of
the proposal. Planning conditions will be applied and; where
appropriate, developer contributions and other legal agreements will be
used to secure the appropriate developer funding and ensure the
proper phasing of development. 
7.39 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. 
The Principle of Development 
8.2 The site is part of an allocated housing site (site h58) in the MLDP and
is located within the built up area of Penicuik where there is a
presumption in favour of appropriate residential development.  The site
has been allocated for housing since the 2008 Midlothian Local Plan
and contributes towards the Council’s housing land supply.  No
material considerations have been presented to outweigh the
presumption in favour of development.  Furthermore, the principle of
residential development on the site has been established by the grant
of planning permission 17/00068/DPP in September 2018.  Planning
permission was secured, through application 17/00068/DPP, for 35
dwellinghouses in the same position as is proposed in this application.
The residential development will not conflict with adjacent uses.                          
8.3 With regard NPF4, although the site is allocated for housing in the
MLDP, consideration still needs to be given to the site’s location in
terms of sustainability.  In this regard the site is within an urban area in
proximity to a range of local services including shops, schools,
pharmacy and medical practices, employment opportunities, public
Page 114 of 166

Page 115

transport options and active travel connections and as such is
considered to be in a sustainable location in compliance with NPF4.
The supply of effective housing land 
8.4 The Council is required to maintain a supply of effective housing land
(enough land allocated and coming forward for housing to meet its
housing targets) at all times.  The number of homes required in a local
authority area is set by the Scottish Government in NPF4 and is met by
the development strategy and policies of the MLDP and the
assessment of individual proposals.  Where a shortfall in the supply of
effective housing land emerges, sites that are not allocated for
residential development should be considered as possible additional
sites to make up the shortfall.  With a 10 year housing target being set
at 8,850 units (for the life of MLDP2, to be prepared for adoption in
2026/27) it is a reasonable presumption that an annualised target of
885 units will be expected prior to the adoption of MLDP2 – this
provides an impetus to support the granting of planning permission for
residential development on allocated housing sites such as the one
proposed. 
Layout, Form, Design and Materials 
8.5 The proposed development seeks to change the house types of 35 of
the previously approved dwellinghouses.  The amendments will result
in the bedroom numbers increasing by 24, 22 of the dwellings will
increase from four to five bedrooms and one of the dwellings increasing
from a three bedroom house to a five bedroom house. 
8.6 The house types are being remixed to other house types within the
house builder’s range; while this is a material change to the original
planning permission it does not constitute a significant difference in
design when compared to that which is approved. 
8.7 No additional units are proposed on the application site and the
proposed change does not alter the density of development in this part
of the site.  The proposed dwellinghouses are all located within the
same plots approved in terms of the original consent, with only small
changes in their siting.  The change in design and siting of each
dwelling will not have an adverse impact on the layout or character of
the area. 
8.8 A condition on the original permission (17/00068/DPP) requires that
details of the materials be submitted and approved by the planning
authority prior to the commencement of development.  The materials
have not been specified on the submitted plans, but are anticipated to
include white render and reconstituted stone base course/surrounds,
white uPVC windows with astragals and concrete tile roof.  A condition
securing material samples for approval is recommended if planning
permission is granted. 
Page 115 of 166

Page 116

8.9 The MLDP requires good levels of amenity for residential development
in terms of gardens sizes, open space and the separation distances in
order to prevent loss of privacy and creating a sense of overbearing on
neighbours.  It is considered that the majority of dwellings achieve good
sized gardens having regard to Midlothian’s established approach on
garden size for dwellings with 3 apartments (rooms excluding kitchens
and bathrooms – i.e. bedrooms and living rooms) to deliver 110sqm
and of 4 or more apartments to deliver 130sqm.  It is further assessed
that the spacing between proposed new dwellings within the site and
existing dwellings (outside the site) is adequate. 
8.10 The footprint and layout of the proposed dwellinghouses are very
similar to those of the previously approved layout.  Overall, the
development proposal will not result in a loss of amenity due to the
scale, design, siting and orientation of the proposed dwellings. 
Furthermore, the proposed dwellings will be afforded an acceptable
level of private garden ground and outlook as compared to the currently
approved scheme. Therefore, the proposed layout is acceptable in
terms of its impact on amenity and is consistent with decisions
previously taken by the Council on this site and the wider development
of North West Penicuik. 
Access and Transportation Issues 
8.11 The overall road layout and configuration is consistent with the
previous approval and any adjustments to the roads layout and parking
provision are very minor in scale and will not have an adverse impact
on road and pedestrian safety within this part of the site.  The
application site, the western part of the ‘Nursey Zone’, is likely to be
primarily accessed off Lyell Crescent/Mauricewood Road although the
route through the wider development can take road users onto Rullion
Road to the south west. 
Developer Contributions 
8.12 No additional units are proposed on this part of the site and as such the
quantum of contributions would not change.  However, the granting of
planning permission would need to be subject to a
modification/variation of the existing planning obligation (section 75
agreement) to ensure that this new planning permission is bound by it. 
9 RECOMMENDATION 
9.1 That planning permission be granted for the following reason: 
The proposed development site will contribute to the sustainable
delivery of housing in compliance with the policies of National Planning
Framework 4 and is allocated for housing in the Midlothian Local
Development Plan 2017 (MLDP) where there is a presumption in
favour of an appropriate form of development. Furthermore, the
Page 116 of 166

Page 117

principle of residential development on the site has been established
by the grant of planning permission 17/00068/DPP.  The proposed
detailed scheme of development in terms of its layout, form, design and
landscape framework is acceptable and as such accords with
development plan policies. The presumption for development is not
outweighed by any other material considerations. 
Subject to: 
a. The prior amendment/modification of the planning obligation
associated with planning permission 17/00068/DPP (and any other
amendment planning applications) to ensure it covers the
development approved under this application (22/00253/DPP). 
b. the following conditions: 
1. The development to which this permission relates shall
commence no later than the expiration of three years beginning
with the date of this permission. 
Reason:  To accord with the provisions of Section 58 of the Town
and Country Planning (Scotland) Act 1997 (as amended by the
Planning (Scotland) Act 2019). 
2. Development shall not begin until 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. An enhanced
quality of materials shall be used in the area of improved quality.
Development shall thereafter be carried out using the approved
materials or such alternatives as may be agreed in writing with the
planning authority 
Reason: To ensure the quality of the development is enhanced
by the use of quality materials to reflect its setting in accordance
with policies DEV2 and DEV6 of the Midlothian Local
Development Plan 2017 and national planning guidance and
advice. 
3. Notwithstanding that delineated on application drawing the
development shall not begin until details of a revised 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  other than existing and finished ground levels and floor
levels for all buildings, open space and roads in relation to
a fixed datum; 
ii  existing trees, landscaping features and vegetation to be
retained; removed, protected during development and in
the case of damage, restored; 
Page 117 of 166

Page 118

iii  proposed new planting in communal areas, road verges
and open space, including trees, shrubs, hedging,
wildflowers and grassed areas; 
iv  location and design of any proposed walls, fences and
gates, including those surrounding bin stores or any other
ancillary structures; 
v  schedule of plants to comprise species, plant sizes and
proposed numbers/density; 
vi  programme for completion and subsequent maintenance
of all soft and hard landscaping; 
vii  a woodland management plan for existing and proposed
areas of woodland; 
viii  a biodiversity action plan and maintenance plan to
enhance the biodiversity value of the existing suds pond
located nearby to the north east of the nursery area; 
ix  drainage details, watercourse diversions, flood prevention
measures and sustainable urban drainage systems to
manage water runoff; 
x  proposed car park configuration and surfacing; 
xi  proposed footpaths and cycle paths (designed to be
unsuitable for motor bike use); and, 
xii  details of existing and proposed services; water, gas,
electric and telephone. 
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 (vi). 
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. 
Reason: To ensure the quality of the development is enhanced
by landscaping to reflect its setting in accordance with policies
DEV2, DEV6 and DEV7 of the Midlothian Local Development
Plan 2017 and national planning guidance and advice. 
4. No building shall have an under-building that exceeds 0.5 metres
in height above ground level unless otherwise agreed in writing by
the planning authority. 
Reason: Under-building exceeding this height is likely to have a
materially adverse effect on the appearance of a house. 
5. Development shall not begin until details of the provision and use
of electric vehicle charging stations have been submitted to and
approved in writing by the planning authority. Development shall
thereafter be carried out in accordance with the approved details
Page 118 of 166

Page 119

or such alternatives as may be approved in writing with the
planning authority. 
Reason: To ensure the development accords with the
requirements of policy TRAN5 of the Midlothian Local
Development Plan 2017. 
6. Development shall not begin until details, including a timetable of
implementation, of superfast fibre broadband have been
submitted to and approved in writing by the planning authority.
The details shall include delivery of superfast fibre broadband
prior to the occupation of the building. The delivery of superfast
fibre broadband shall be implemented as per the approved
details. 
Reason: To ensure the quality of the development is enhanced
by the provision of appropriate digital infrastructure; and to comply
with policy IT1 of the Midlothian Local Development Plan 2017. 
7. Development shall not begin until details of a
sustainability/biodiversity scheme for the site, including the
provision of house bricks and boxes for bats and swifts
throughout the development has been submitted to an 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. 
Reason: To ensure the quality of the development is enhanced
by the use of art to reflect its setting in accordance with policies in
the Midlothian Local Development Plan 2017 and national
planning guidance and advice. 
Peter Arnsdorf
Planning, Sustainable Growth and Investment Manager 
Date:     20 March 2023
Application No:    22/00253/DPP
Applicant:   Avant Homes Scotland
Agent:              N/A
Validation Date:  23 May 2022
Contact Person:  Whitney Lindsay 
Email:   Whitney.Lindsay@Midlothian.gov.uk
Background Papers: 17/00068/DPP, 19/00576/DPP and 20/00088/DPP
Attached Plans:  A location plan from application 17/00068/DPP
showing the different development areas including
the ‘Nursery Zone’ referenced in the above report
and the proposed site layout.
Page 119 of 166

Page 120

File No.
1:10,000Scale:
Reproduced from the Ordnance Survey map with the permission of the
controller of Her Majesty's Stationary Office. Crown copyright reserved.
Unauthorised reproduction infringes Crown copyright and may lead to
prosecution or civil  proceedings
Midlothian Council Licence No. 100023416 (2018) ±
Midlothian Council
Fairfield House
8 Lothian Road
Dalkeith
EH22 3AA
Education, Economy
& Communities Amend 35 housetypes under 17/00068/DPP
Land between Deanburn and Mauricewood Road
22/00253/DPP
Page 120 of 166

Page 121

File No. 17/00068/DPP
1:7,000Scale:
Land between Deanburn and Mauricewood Road, Penicuik 
±
Reproduced from the Ordnance Survey map with the permission of the
controller of Her Majesty's Stationary Office. Crown copyright reserved.
Unauthorised reproduction infringes Crown copyright and may lead to
prosecution or civil  proceedings
Midlothian Council Licence No. 100023416 (2017)
Midlothian Council
Fairfield House
8 Lothian Road
Dalkeith
EH22 3AA
Education, Economy
& Communities
Belwood
The
Nursery
Deanburn
Mauricewood
Rullion
Road
Mauricewood
North
(1
(2
(3(4
(5
(6
Page 121 of 166

Page 122

BY
SCALE:
PROJECT:
DWG TITLE:
DRAWN BY:
DWG No.
DATE:
REV DATE
Avant Homes
Argyll Court,
The Castle Business Park,
Stirling, FK9 4TT
Tel: 01786 477777
Fax: 01786477666
www.avanthomes.co.uk
AMENDMENTS
Rev.
SITE LAYOUT-AV22 REMIX-PLANNING
NURSERY SITE
MAURICEWOOD, PENICUIK
MNS/SL/102 B
25/03/22 1:500 @ A0 MB
A 19.05.22 MB Site layout updated to reduce remix house tyypes
125, 130 & 166 types amended to remove garages from front gdns
B 26/10/2022 SAR Plot 102 reverted back to original approved Durham house type &
AS
LEN
B Deck
NTN (TK)
Deck
B
ROS (TK)
B
Deck
ASH (TK)
B
Deck
OBY (TK)
B Deck
OBY (TK)
B
Deck
NTN (TK)
B
Deck
ASH (TK)
B
Deck
ASH (TK)
Deck
B
ROS (TK)
Deck
B
WES (TK)
Deck
B
ROS (TK)
B
Deck
OBY (TK)
OP
STI
AS
ROT
Deck
B
ROS (TK)
DHM
O20
(TK)DeckB
NURSERY NORTH
AVANT HOMES
NURSERY WEST
AVANT HOMES
226.09
225.92
226.11 225.99
225.98
225.94
225.94
226.00
226.15
*
*
*
*
*
DG
TG
SG
SG
*
AS
PIT
OP
PIT
OP
THU
OP
STI
OP
ASLEN
OPSTI
ORK
AS
ORK
OP
AS
PIT
AS
ROT
SG
AS
PIT
AS
ROT
SG
OP
STI
HANDING
LEN
OP
THU
OP
STI
AS
ROT
AS
ROT
AS
LEN
SG
ORK OPSG
AS
STI
OP
STI
DG
OP
THU
DG
AS
PIT
ORK OP
OP
STI
*
Deck
AS
ROT
AS
ROT
Deck
B
ROS (TK)
B
Deck
OBY (TK)
B
Deck OBY (TK)
Deck
B
WES (TK)
Deck
Deck
B
ROS (TK)
B
Deck
ASH (TK)
Deck
B
ROS (TK)
142
143
144
145
146147
148
149
150
151
152
153
116
115 114
103
104
105
106
107
*
*
*
*
*
AW3
F2
F1
F1
F1
F1
F1
F1
F1
F1
F1
F1
F1
F1
F2
F2
F2
F2
F2
v v
v v v v
117
118
119
120
121
122
123
124
B Deck
ASH (TK)
B
Deck
B
Deck
HAM (TK)HAM (TK)
B
Deck
NTN (TK)
B
Deck
NTN (TK)
B
Deck
ASH (TK)
Deck
B
ROS (TK)
Deck
B
WES (TK)101
B
Deck
OBY (TK)
B
Deck
OBY (TK)Deck B
ROS (TK) B
Deck
B
Deck
HAM O20
(TK)
HAM O20
(TK)
B
Deck
B
Deck
HAM O20
(TK)
HAM O20
(TK)
DeckB
WES (TK)
B
Deck
ASH (TK)
v
v
v
v
v
v
113
112
111
110
109
108
135
136
137
138
141
140
139
B
Deck
OBY (TK)
B
Deck
ASH (TK)
DeckB
ROS (TK)
Deck
B
WES (TK)
v v
DG
OPP LEN
NAI
AS
NAI
OPP
AS
STI
DHM
(TK)Deck
102
B
F1
F2
MF6
LEGEND
0.75m high post and two rail feu boundary
1.8m high vertical boarded timber screen fence
1.2m high metal feature fence and piers
Undefined boundary with feu marker
AW3
1.8m high split face block screen wall with piers
F2
L/B Private lighting bollard on shared drives
where indicated
V Visitor Parking.
Site Boundary
1.8m high vertical boarded timber screen fence
with brick piers
Adopted Porous/Non Porous monobloc
shared surface carriageway (COLOURS
TBC) refer engineers drawings for
locations
Non Adopted monobloc shared surface
driveways (COLOUR BRINDLE)
ALL PLOTS LOCATED MINIMUM
1000mm FROM ALL PLOT FUE
BOUNDARIES TO ACCORD WITH
TECHNICAL STANDARD 2.6
Plots with gable feature windows refer to
table above for room locations with
additional windows
* AIQ plots with enhanced external materials
to meet planning requirements.
AIQ plots with low level front garden walls
with hedges.
SCALE 1:500
Page 122 of 166

Page 123

Planning Committee
Tuesday 28 March 2023
Item No: 5.7
APPLICATION FOR PLANNING PERMISSION 22/00848/DPP FOR THE
ERECTION OF 395 DWELLINGS, FORMATION OF ACCESS ROAD, CAR
PARKING, LANDSCAPING AND ASSOCIATED WORKS AT LAND EAST
AND NORTH EAST OF AUCHENDINNY, THE BRAE, AUCHENDINNY,
PENICUIK
Report by Chief Officer Place
1 SUMMARY OF APPLICATION AND RECOMMENDED DECISION
1.1 The application is for the erection of 395 dwellings, formation of
access road, car parking, landscaping and associated works on
land east/north east of Auchendinny, The Brae, Auchendinny,
Penicuik. 
1.2 There have been 164 representations and consultation responses
from Scottish Water, Historic Environment Scotland, The
Woodland Trust, Roslin and Bilston Community Council, the
Council’s Archaeological Advisor, the Council’s Ecological
Advisor (TWIC), the Council’s Senior Manager Neighbourhood
Services (Roads), the Council’s Senior Manager Neighbourhood
Services (Flood Officer), the Council’s Land Resources Manager,
the Council’s Senior Manager Protective Services and the
Council’s Education Executive Business Manager.
1.3 The relevant development plan policies are policies 1, 2, 3, 4, 6, 7,
12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, and 31 of the
National Planning Framework 4 (NPF4) and policies STRAT3,
DEV2, DEV3, DEV5, DEV6, DEV7, DEV9, TRAN1, TRAN2, TRAN5,
IT1, RD1, ENV2, ENV4, ENV7, ENV8, ENV9, ENV10, ENV11, ENV14,
ENV15, ENV17, ENV23, ENV24, ENV25, NRG6, 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 the applicant entering into a planning obligation to
secure contributions towards necessary infrastructure and the
provision of affordable housing.
Page 123 of 166

Page 124

2 LOCATION AND SITE DESCRIPTION 
2.1 The site is located on the eastern/north eastern fringes of
Auchendinny, near Penicuik. It is bound to the west by The Brae
(B7026) and residential properties located on Firth Crescent, Firth
Road and The Brae. 
2.2 Directly to the north and north east of the site lies an unclassified road,
with the former Oatslie Landfill and agricultural fields beyond. A single
residential property (Lee Lodge) is also located along the site’s
northeastern boundary. The River North Esk Valley and associated
woodland bounds part of the site to the south and southeast. In
addition, a number of residential properties are located along parts of
the southern boundary (including Small Steps Cottage, Sandia, Firth
View Firth lodge and others within the same hamlet). 
2.3 The site comprises an irregular shaped parcel of land measuring 27.8
hectares. The site slopes from the north to the south west and south
east towards the nearby River North Esk Valley.  It contains a series of
former agricultural fields and a former golf driving range (now
demolished).  It also contains a series of overhead (and underground)
high voltage electricity cables with associated pylons. 
2.4 Firth Road bisects the south western part of the site, splitting the site
into two parcels of land.  This road also contains associated footpath
links, linking the site to the existing hamlet to the south.  A footpath is
located along The Brae to the west of the site.  An unclassified road
runs along the north and north east of the site. 
2.5 The site is allocated as a strategic housing land allocation within the
Midlothian Local Development Plan (Site Hs20 - Auchendinny). 
2.6 The existing built form within Auchendinny is varied, ranging from
single storey bungalows along The Brae, two-storey Victorian
properties and two-storey 1950s/1960s post-war houses and flats. 
3 PROPOSAL 
3.1 Detailed planning permission is sought for 395 residential dwellings
with associated roads, landscaping, open space, footpath/cycle ways,
a sustainable urban drainage system (SUDS) and other associated
works. 
3.2 The overall Masterplan includes the provision of the following: 
• 395 residential units over three phases (including affordable
housing within each phase). 
• Formation of one new primary vehicular access within the north
western corner of the site to The Brae, and improvements to Firth
Page 124 of 166

Page 125

Road and the corresponding footpath to allow for a creation of a
second vehicular access to the site. 
• Provision of a primary spine road running from the primary
vehicular access in a north-south circular direction through the site
towards, but not connecting with, Firth Road.  A network of
secondary access roads are also proposed to link residential
properties to the primary spine road. 
• Provision of a network of paths running the full extent of the site as
follows:
o A primary 3m wide multi-user route from The Brae at the
north western corner of the site and extending south east
along a new spine road (to the north of the Glencorse
Centre); linking up to 2m wide footpath running along the
length of a linear greenway; then extending back to 3m wide
multi-user route west of the site into the areas of open space
within the south western corner of the site; finally extending
south along the western boundary to the south western
corner of the site at the edge of the application boundary
(and applicant’s control) – with potential to facilitate future
connection to the NCR196 (a National Cycle Network route)
on land outwith the applicant/Council’s control via a separate
approval process (led by the Council) and not part of this
planning application. 
o Provision of additional 3m wide multi-user route links within
the site connecting to from the north west of the proposed
school site to the unclassified road to the northeast of the
site (close to the existing landfill vehicular access); then
extending northwest around the northern site boundary to
the junction with The Brae; and connecting the north-eastern
corner of the site to the unclassified road to the north of
Gunpowder Cottage. 
• Provision of a series of 2m wide pedestrian footpaths throughout
the site linking residential properties to primary routes. 
• Provision of various public open spaces running adjacent to the
primary spine road through the centre of the site, an ‘entrance
green’ within the north west corner of the site, a ‘civic square within
the central part of the site and other local open spaces within the
south western corner of the site.  An extensive area of informal
open space is provided within the southern part of the site. 
• Retention of existing trees to northern boundary of the site, and
existing mature woodland to the eastern and southern boundaries
with sufficient space incorporated to allow safe retention of such
trees. 
Page 125 of 166

Page 126

• Two individual trees to eastern boundary to be removed to
accommodate the development, with linear group of mixed species
along the access road to Firth Lodge/ Old Woodhouselee, in the
south west corner of the development to also be removed. 
• Provision of structure planting or landscape buffers along key
interfaces including the western, southern and north eastern site
boundaries and adjacent to existing residential properties in
addition to hedgerow planting and shrubs. 
• Provision of a large area of woodland structure planting along the
southern boundary (between the existing and proposed properties)
that will include Birch, Rowan, Alder, Aesculus Hippocastanum
Baumannii, Hornbean, and Maple. 
• Finally, whilst not part of this planning application, the masterplan
identifies an area of land measuring approximately 1.5 hectares
within the north western part of the site ‘safeguarded’ for the
provision of a new two-stream primary school. 
3.3 With respect to the proposed housing, the average housing density
comprises approximately 19 dwellings per hectare and will consist of
the follow housing mix: 
House Type: Number:
Private: 
3-bed 64
4-bed 195
5-bed 38
Total Private                             297 
Affordable: 
2-bed Cottage Flat  60
2-bed 20
3-bed 18
Total Affordable  98 
3.4 The application is accompanied by: 
• Design and Access Statement (DAS);
• Ecology Assessment; 
• Great Crested Newt Protection Pan;
• Habitat Suitability Assessment;
• Great Crested Newt eDNA Results; 
• Flood Risk Assessment;
• Transport Assessment;
• Design Risk Assessment; 
• Pre-Application Consultation Report;
Page 126 of 166

Page 127

• Road Safety Audit;
• Site Investigation Report;
• Review of Heat Network Suitability; and
• Tree Survey and Arboriculture Assessment. 
4 BACKGROUND 
4.1 The site has an extant planning permission for residential development,
including formation of access roads, parking, SUDS and associated
works and land safeguarded for possible education use.  Application
20/00089/DPP for 395 dwellings was approved by Committee at its
meeting of November 2020. The site has been subject to a change in
ownership/developer (previously a coalition of Stewart Milne Homes,
Avant Homes and Miller Developments) and the current application
seeks to remix and amended the site layout and house types from that
previously approved. 
4.2 As the proposal comprised a new major scale planning application it
was necessary for the applicant to re-consult the local community and
other interested parties.  The applicant carried out a pre-application
consultation (22/00577/PAC) for residential development, the erection
of a primary school and associated roads, landscaping, open space,
footpath/cycle ways, SUDs and infrastructure, which was reported to
Committee at its meeting of August 2022. 
4.3 A previous pre-application consultation (17/00606/PAC) relating to
application 20/00089/DPP was reported to the Committee at its
meeting of 14 November 2017. 
4.4 An Environmental Impact Assessment (EIA) Screening Opinion
(17/00767/SCR) for residential development and a primary school was
determined in September 2017 and it was confirmed that an EIA was
not required. The proposed development to which this application
relates is comparable to that identified within application reference
17/00767/SCR, and as such it remains the opinion of the planning
authority that by virtue of factors including its nature, size and location,
it is considered unlikely that the proposed development would have
significant environmental effects.  Therefore the planning authority’s
opinion is that the proposed development does not constitute an “EIA
development” and environmental impact assessment is not required. 
4.5 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. 
5. CONSULTATIONS 
5.1 Scottish Water does not object to the application.  The water supply
will be fed from Rosebery Water Treatment Works.  The foul water
Page 127 of 166

Page 128

drainage will be dealt with by the Edinburgh PFI Waste Water
Treatment Works.  Both have sufficient capacity at present, however it
is not possible to reserve capacity for future developments (this is a
separate regulatory process between the applicant and Scottish
Water). 
5.2 For reasons of sustainability, and to protect Scottish Water customers
from potential future sewer flooding, Scottish Water will not accept any
surface water connections into the combined sewer system. There may
be limited exceptional circumstances where they would allow such a
connection for brownfield sites only, however this will require significant
justification from the customer taking account of various factors
including legal, physical and technical challenges. 
5.3 In order to avoid costs and delays where a surface water discharge to
the combined sewer system is anticipated, the developer should
contact Scottish Water at the earliest opportunity with strong evidence
to support the intended drainage plan prior to making a connection
request. 
5.4 Historic Environment Scotland does not object to the application. 
5.5 The Woodland Trust object to the planning application on the basis of
potential damage and detrimental impact to an area of Ancient
Woodland of Semi Natural Origin. 
5.6 Roslin and Bilston Community Council object to the planning
application on the following grounds: 
• The proposed development would result in an unacceptable
increase in traffic using Oatslie Road – there is an insufficient
assessment of potential increased traffic using Oatslie Road;
• Oatslie Road is unsuited for through traffic.  Measures to prevent
any increase in traffic at this location should be identified;
• The proposed development would encourage trips by car rather
than foot or cycling conflicting with active travel policies;
• There is a lack of provision of safe links between the proposed
development and the facilities in Roslin;
• For residents in the proposed development, Roslin contains the
nearest doctors' surgery.  Roslin Medical Practice is at capacity in
relation to its present staffing level.  There is a strong possibility
that residents in the proposed development would travel to Roslin
for healthcare.  Roslin also contains the nearest pharmacy, post
office and supermarket.  There is concern over increased journeys
between Roslin and the proposed development;
• The proposed development would accommodate a large number of
children of primary school age without any assurance that they
would have access to a primary school, or that there are any safe
routes to school; and 
Page 128 of 166

Page 129

• The developer should be required to fund the full cost of a new
school for the proposed new houses. 
5.7 The Council’s Archaeological Advisor does not object to the
application and has confirmed that no further archaeological work is
required in relation to the application site.  The site has previously been
archeologically evaluated (with subsequent targeted excavation) and
reported upon appropriately. 
5.8 The Council’s Ecological Advisor - The Wildlife Information Centre
(TWIC) does not object to the application and has confirmed that the
supporting information submitted is sufficiently thorough.  The report
concludes that there will be no effects on protected species or habitats
and includes recommendations for biodiversity enhancements.  A
condition is suggested to ensure a pre-construction survey for badgers
is undertaken. 
5.9 The Council’s Senior Manager Neighbourhood Services (Roads)
does not object to the application subject to details concerning bus
shelter provision; electric vehicle charging points; off-site improvement
works; and details of additional cycleway/footpath provision being
secured by conditions. 
5.10 The Council’s Senior Manager Neighbourhood Services (Flood
Officer) does not object to the application subject to details concerning
surface water drainage management (SUDS) being secured by
condition. 
5.11 The Council’s Land Resource Manager does not object to the
application and has confirmed that the internal network of paths for the
development is sufficient, along with the provision of acceptable access
points into and out of the proposed development. 
5.12 The Council’s Senior Manager Protective Services does not object
to the application subject to conditions to secure site investigation
works. 
5.13 The Council’s Education Executive Business Manager does not
object to the application.  The development would give rise to an
anticipated 111 primary school pupils and 79 secondary school pupils. 
Developer contributions towards education facilities would be required
to mitigate the demand from the proposed development. The
catchment schools are: 
• Non-denominational
primary
Roslin Primary School /
Mauricewood Primary School
• Denominational primary Sacred Heart RC Primary School
• Non-denominational
secondary 
Beeslack Community High School
• Denominational secondary St David’s RC High School
Page 129 of 166

Page 130

5.14 The Council utilises a primary school pupil product ratio of 0.28 per
dwelling and a secondary school pupil product ratio of 0.2 per dwelling
when calculating anticipated primary and secondary school pupil
numbers from developments and also for the purposes of negotiating
developer contributions with applicants. 
5.15 The Midlothian Health and Social Care Partnership did not provide
a response to a consultation request on the application. 
5.16 The consultation responses are available to view in full on the online
planning application case file. 
6. REPRESENTATIONS 
6.1 There have been 164 comments received, 163 objecting to the
application, and one neutral representation.  The objections included
155 objections on a standard template, and eight individually written
objections, with one individually written neutral representation.  Two
further objections were received via the standard template, but with no
address provided, and as such are not valid representations. 
6.2 Representations received can be viewed in full on the online planning
application case file.  A summary of the main points raised are as
follows: 
Summary of comments received via standard objection template: 
Scale and Layout 
• The scale of the proposed development is disproportionate and
inappropriate for a small village; 
• The development will have a detrimental impact on the 39
dwellings to the south west of Firth Road;
• There is an increase in the housing numbers proposed compared
to that allocated within the MLDP;
• There is no school provision at the site;
• The safeguarded school site could become additional housing; 
• The proposed embankment at the edge of the development south
west of Firth Road could have an impact on sunlight/daylight to
existing dwellings and could also result in overlooking; 
• There is a lack of assessment provided with the application
regarding sunlight studies/impacts; 
• Encroachment of the built development to the south west of the
site from that previously approved scheme; 
• The development will have an impact on land designated under
Protection of River Valleys and associated concern over impact
on the River Esk and Glencorse burn and protected species
which are said to inhabit these areas. 
Page 130 of 166

Page 131

Active Travel 
• There is a lack of provision of active travel routes between
Auchendinny and Roslin as required by Midlothian Councils
Active Travel Strategy, Green Network Supplementary Guidance
and MLDP; 
• Unsuitability of cycling routes and pavements between
Auchendinny and Roslin;
• There will be increased traffic levels on the B7026 as a result of
the proposed development; 
• There is a lack of connectivity to route NCR196;
• No priority is given to active travel over car usage; 
• Failure to meet aims of MLDP Policy DEV5 and DEV6 with
regards to accessibility, active travel and cycle parking; 
• Concern as to why the cycle path at Firth Road is now proposed
to be 2m wide, making it unsuitable for cyclists, and why there is
the loss of a 3m cycle path to the eastern perimeter of the
proposed school site losing connectivity around the site; 
• Note that pedestrian and cyclist access to the back road past
Oatslie landfill site should come out directly opposite the old
railway line through the landfill site; 
• Request for developer contributions towards active travel routes
towards Roslin and the creation of a shared use path from the
north of the site to the proposed cycle way at the A701; 
• Request that shared paths have clear priority at street crossings
and be at least 4m wide;
• The prioritised cyclist crossing point at main entrance looks to be
dangerous; and 
• There should be a requirement for dedicated cycle stores to be
built near the flats at the development. 
Transport Assessment 
• There will be an increase in vehicles on Firth Road resulting in
safety concerns at the junction onto it because of the poor
visibility; 
• Inaccuracy of submitted transport assessment including walking
distances to local bus stops which is not as stated, with actual
distance rendering walking and public transport an unrealistic
travel choice for future residents; 
• The unsuitability of Firth Road for two way traffic at the area
adjacent to the play park owing to street parking and associated
concern over road safety;  
• The proposed pedestrian crossing at the north end of The Brae is
noted to be dangerous with the three way junction leading to road
safety issues.  The pavement should be extended to the western
side of the road in this location; 
• Concern over proposed travel to school routes owing to no
primary school being proposed;
Page 131 of 166

Page 132

• The footpaths surrounding the site, including the core path that
runs across The Brae are in a poor state; 
• Safety concerns at The Brae relating to poor visibility from
driveways/ entrances to existing dwellings;
• Query over accuracy of vehicle movements stated in the transport
assessment for a development of the scale proposed; and 
• Failure to incorporate developments in Roslin and Bilston/Seafield
in the committed development assessment within the submitted
transport report. 
Local Services 
• Additional pressure on doctor’s surgery and primary school
places. 
Summary of additional comments received via individually written
objections: 
• Query over continued accessibility of Firth Road;
• Concern over construction traffic and access constraints/ road
safety implications;
• Lack of an EIA undertaken for the application;
• Access to Firth Road not suitable for scale of development
proposed; 
• Loss of prime agricultural land;
• Negative impact on climate crisis as a result of the development; 
• Concern over impact of development on protected species and
the need to consider wildlife through detailed design and
landscape features;  
• Lack of nearby facilities and services, contrary to 20 minute
neighbourhood concept;
• Overprovision of car parking spaces for new dwellings
encourages private car use; 
• There will be a detrimental impact on road/traffic safety as a
consequence of the increase in volume of traffic resulting from the
proposal;
• Increased noise associated with additional traffic;
• Concern over current and proposed maintenance of roads, drains,
surface and pavements in and around the development/
Auchendinny;  
• Lack of bus travel and public transport availability in the area; 
• Loss of character and history of the village;
• Need for traffic calming measures/ weight limits to restrict HGVs
using the main road and bridge in the village;  
• There is a need for vegetation clearance and pavement widening
along The Brae to better facilitate active travel;
• There should be the inclusion of cycle lanes along The Brae; 
Page 132 of 166

Page 133

• Lack of detailed flood consideration and lack of evidence
demonstrating that there will be no flood risk to existing
properties;
• Concern over the proposed embankment to the south west of the
site with regards to flooding/drainage at existing properties; 
• Concern that the Glencorse Centre car park will become
overcrowded with construction workers/ visitors to the
development;
• There is a need to upgrade the play park at the Glencorse Centre; 
• There will be an increase in demand on the services provided at
the Glencorse Centre and inability to manage this in line with
planned cuts to funding; 
• Unacceptable increase in traffic using Oatslie Road and
associated safety concerns.  The transport assessment fails to
recognise the existence of Oatslie Road and likelihood this will be
used by traffic avoiding the B7026;
• Concern over flooding from Glencorse Burn, and increased risk of
flooding to existing dwellings at Dalmore Estate;
• Objection to proposed design of development; and 
• The proposals to plant native trees and plants to encourage
wildlife/ birds is supported. 
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 crises; 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 6 Forestry, woodland and trees; sets out to protect and
expand forests, woodland and trees. 
Page 133 of 166

Page 134

7.8 Policy 7 Historic assets and places; sets out to protect and enhance
historic environment assets and places, and to enable positive change
as a catalyst for the regeneration of places. 
7.9 Policy 12 Zero Waste; sets out to encourage, promote and facilitate
development that is consistent with the waste hierarchy. 
7.10 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. 
7.11 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. 
7.12 Policy 15 Local Living and 20 minute neighbourhoods; sets out to
encourage, promote and facilitate the application of the Place Principle
and create connected and compact neighbourhoods where people can
meet the majority of their daily needs within a reasonable distance of
their home, preferably by walking, wheeling or cycling or using
sustainable transport options. 
7.13 Policy 16 Quality homes; sets out to encourage, promote and facilitate
the delivery of more high quality, affordable and sustainable homes, in
the right locations, providing choice across tenures that meet the
diverse housing needs of people and communities across Scotland. 
7.14 Policy 17 Rural Homes; supports development proposals or new
homes in rural areas where the development is suitably scaled, sited
and designed to be in keeping with the character of the area and the
development, and meets set conditions including where the site is
allocated for housing within the local development plan. Development
proposals for new homes in rural areas shall consider how the
development will contribute towards local living. 
7.15 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. 
7.16 Policy 20 Blue and green infrastructure; sets out to protect and
enhance blue and green infrastructure and their networks. 
7.17 Policy 21 Play, recreation and sport; sets out to encourage, promote
and facilitate spaces and opportunities for play, recreation and sport. 
7.18 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.
Page 134 of 166

Page 135

7.19 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. 
7.20 Policy 24 Digital Infrastructure; sets out to encourage, promote and
facilitate the rollout of digital infrastructure across Scotland to unlock
the potential of all our places and the economy. 
7.21 Policy 25 Community wealth building; sets out to encourage,
promote and facilitate a new strategic approach to economic
development that also provides a practical model for building a
wellbeing economy at local, regional and national levels. 
7.22 Policy 31 Culture and creativity; sets out to encourage, promote and
facilitate development which reflects our diverse culture and creativity,
and to support our culture and creative industries. 
Other National Policy 
7.23 Designing Places, A Policy Statement for Scotland sets out the six
key qualities which are at the heart of good design namely identity,
safe and pleasant environment, ease of movement, a sense of
welcome, adaptability and good use of resources. 
7.24 The Scottish Government’s Policy on Architecture for Scotland
sets out a commitment to raising the quality of architecture and design. 
Midlothian Local Development Plan 2017 (MLDP) 
7.25 Policy STRAT3: Strategic Housing Land Allocations states that
strategic land allocations identified in the plan will be supported
provided they accord with all other policies. The development strategy
supports the provision of 350 units on allocated housing site (Hs20). 
7.26 Policy DEV2: Protecting Amenity within the Built-Up Area states
that development will not be permitted where it would have an adverse
impact on the character or amenity of a built-up area. 
7.27 Policy DEV3: Affordable and Specialist Housing seeks an affordable
housing contribution of 25% from sites allocated in the MLDP. 
Providing lower levels of affordable housing requirement may be
acceptable where this has been fully justified to the Council.  This
policy supersedes previous local plan provisions for affordable housing;
for sites allocated in the Midlothian Local Plan (2003) that do not
benefit from planning permission, the Council will require reasoned
justification in relation to current housing needs as to why a 25%
affordable housing requirement should not apply to the site. 
Page 135 of 166

Page 136

7.28 Policy DEV5: Sustainability in New Development sets out the
requirements for development with regards to sustainability principles. 
7.29 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. 
7.30 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. 
7.31 Policy DEV9: Open Space Standards sets out the necessary open
space for new developments. This policy requires that the Council
assess applications for new development against the open space
standards as set out in Appendix 4 of that plan and seeks an
appropriate solution where there is an identified deficiency in any of the
listed categories (quality, quantity and accessibility). 
7.32 Policy TRAN1: Sustainable Travel aims to encourage sustainable
modes of travel. 
7.33 Policy TRAN2: Transport Network Interventions highlights the
various transport interventions required across the Council area,
including the A701 realignment. 
7.34 Policy TRAN5: Electric Vehicle Charging seeks to promote a network
of electric vehicle charging stations by requiring provision to be an
integral part of any new development. 
7.35 Policy IT1: Digital Infrastructure supports the incorporation of high
speed broadband connections and other digital technologies into new
homes. 
7.36 Policy RD1: Development in the Countryside sets out where
appropriate development would be acceptable in the countryside
subject to defined criteria. The policy states that proposals for
development will be of an appropriate scale and character appropriate
to the rural area and well integrated to the rural landscape. 
7.37 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 Green Networks. 
Page 136 of 166

Page 137

7.38 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. 
7.39 Policy ENV7: Landscape Character states that development will not
be permitted where it significantly and adversely affects local
landscape character. Where development is acceptable, it should
respect such character and be compatible in terms of scale, siting and
design. New development will normally be required to incorporate
proposals to maintain the diversity and distinctiveness of the local
landscapes and to enhance landscape characteristics where they have
been weakened. 
7.40 Policy ENV8: Protection of River Valleys outlines that development
within the river valley protection areas of the Rivers North and South
Esk and River Tyne will not be permitted unless there is a specific
locational need for the development. 
7.41 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. 
7.42 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. 
7.43 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. 
7.44 Policy ENV14: Regionally and Locally Important Nature
Conservation Sites states that development will not be permitted
where it could adversely affect the nature conservation interest of such
sites, unless it can be demonstrated that appropriate mitigation
measures are in place. 
Page 137 of 166

Page 138

7.45 Policy ENV15: Species and Habitat Protection and Enhancement
presumes against development that would affect a species protected
by European or UK law. 
7.46 Policy ENV17: Air Quality states that the Council may require further
assessments to identify air quality impacts where considered requisite.
It will refuse planning permission, or seek effective mitigation, where
development proposals cause unacceptable air quality or dust impact. 
7.47 Policy ENV 23: Scheduled Monuments outlines that Development
which could have an adverse effect on a scheduled monument, or the
integrity of its setting, will not be permitted. 
7.48 Policy ENV24: Other Important Archaeological or Historic Sites
seeks to prevent development that would adversely affect regionally or
locally important archaeological or historic sites, or their setting. 
7.49 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.   
7.50 Policy NRG6: Community Heating requires that, wherever
reasonable, community heating should be supported in connection with
buildings and operations requiring heat. 
7.51 Policy IMP1: New Development ensures that appropriate provision is
made for a need which arises from new development.  Of relevance in
this case are education provision, transport infrastructure; contributions
towards making good facility deficiencies; affordable housing;
landscaping; public transport connections, including bus stops and
shelters; parking in accordance with approved standards; cycling
access and facilities; pedestrian access; acceptable alternative access
routes, access for people with mobility issues; traffic and environmental
management issues; protection/management/compensation for natural
and conservation interests affected; archaeological provision and
‘percent for art’ provision. 
7.52 Policy IMP2: Essential Infrastructure Required to Enable New
Development to Take Place states that new development will not take
place until provision has been made for essential infrastructure and
environmental and community facility related to the scale and impact of
the proposal.  Planning conditions will be applied and where
appropriate, developer contributions and other legal agreements will be
used to secure the appropriate developer funding and ensure the
proper phasing of development. 
7.53 Policy IMP3: Water and Drainage require sustainable urban drainage
systems (SUDS) to be incorporated into new development.
Page 138 of 166

Page 139

Supplementary Guidance 
7.54 The adopted Green Networks Supplementary Guidance 2018 (SG)
seeks to create ‘an improved network of woodland, wildlife habitats,
greenspace and watercourses has increased the attractiveness of
Midlothian as a place to live, work, invest and visit’. 
7.55 A series of Strategic Green Network Connections identified in the
MLDP are relevant to the Penicuik-Auchendinny area including:
Strategic Connection 2: Shawfair - Penicuik Link. ‘Connection Points’
are also identified that require to be linked to each other by multi user
paths. With respect to Auchendinny, the primary requirement relates to
a requirement to provide a link from Connection Point 23 (NCR 196 at
Dalmore Mill) through the site to Connection Point 25 (Auchendinny –
at the north eastern corner of the site at the dismantled former railway
line).  It does not specify a particular alignment but identifies suggested
connection points where connection is identified. 
7.56 In addition to the connection above, various site-specific requirements
for Site Hs20 are identified within the Green Networks SG including the
provision of established boundary planting averaging 20m to minimise
the impact on the North Esk Valley and the protection of ancient and
semi-natural ancient woodland. It also requires the inclusion of
biodiversity enhancements on landscape proposals. Finally,
connections are encouraged from Firth Crescent to the Brae and from
the north of the site to the A701. 
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. 
Principle of development 
8.2 The site is allocated as a strategic housing land allocation within the
MLDP (Site HS20) and is located within the built up area of
Auchendinny where there is a presumption in favour of appropriate
residential development. 
8.3 The southern part of the site (containing open space and a proposed
multi-user route) is located outwith the built up area of Auchendinny
and is allocated as land within the countryside in the MLDP.  Policy
RD1 requires that development in the countryside is related to
agriculture, horticulture, recreation or tourism.  Also, it needs to be of a
scale and character appropriate to the rural area.  As the proposed
development within this part of the site includes informal open space,
landscaping/woodland planting and the provision of a multi-user route
Page 139 of 166

Page 140

this meets the above tests given that these features specifically
enhance recreation opportunities within this part of the site therefore
complying with MLDP policy RD1. 
8.4 Moreover, the site is also allocated as prime agricultural land. 
However, an exception within MLDP policy ENV4 provides a specific
exemption for all sites allocated for development within the
development strategy in the MLDP.  In this instance, given the site’s
allocation for housing within in the MLDP, it’s future development and
the ‘loss’ of prime agricultural land is compliant with the requirements of
this policy.  As such, the wider spatial strategy objectives within the
MLDP considered that future development for housing would outweigh
any potential benefit brought by its allocation as prime agricultural land.
As such, the loss of this prime agricultural land is acceptable. 
8.5 The indicative number of units allocated for site HS20 in the MLDP is
350. 
8.6 As highlighted in this report, extant planning permission
(20/00089/DPP) exists for 395 dwellings at the site.  Development has
not commenced on the site, however the applicant has commenced
submitting information pursuant of discharging conditions. 
8.7 In light of the site’s allocation and the extant planning permission the
principle of a residential development is well established. 
8.8 The Council is required to maintain a supply of effective housing land
(enough land allocated and coming forward for housing to meet its
housing targets) at all times.  The number of homes required in a local
authority area is set by the Scottish Government in NPF4 and is met by
the development strategy and policies of the MLDP and the
assessment of individual proposals.  Where a shortfall in the supply of
effective housing land emerges, sites that are not allocated for
residential development should be considered as possible additional
sites to make up the shortfall.  With a 10 year housing target being set
at 8,850 units (for the life of MLDP2, to be prepared for adoption in
2026/27) it is a reasonable presumption that an annualised target of
885 units will be expected prior to the adoption of MLDP2 – this
provides an impetus to support the granting of planning permission for
residential development on allocated housing sites such as the one
proposed. 
8.9 The development land allocations made and confirmed in the MLDP
remain and are not amended as a result of the adoption of NPF4. 
8.10 With regard NPF4, although the site is allocated for housing in the
MLDP, consideration still needs to be given to the sites location in
terms of sustainability.  In this regard, although the site has limited
facilities in its immediate proximity, it is reasonably close to Penicuik,
the Midlothian Science Zone and Roslin and as such within a range of
Page 140 of 166

Page 141

local shops and services, employment opportunities, leisure facilities,
public transport options and active travel connections and as such is
considered to be in a sustainable location in compliance with the
principles of NPF4. 
8.11 The proposed residential development will not conflict with adjacent
land uses. 
Design, Place-making, Layout and Form of Development 
8.12 The proposed development seeks approval for 395 dwellings,
comprising 63 terrace dwellings; 16 semi-detached dwellings, 256
detached dwellings, and 60 cottage flats (4 in a block style buildings). 
The average density is approximately 19 dwellings per hectare (if the
5.7 hectare informal open space and 1.5 hectare proposed school site
are both excluded from the calculation). This reflects a medium density
development within a suburban area and is not inherently out of
character with the surrounding context. 
8.13 The principle change from the already approved layout (20/00089/DPP)
are the house types proposed.  The proposed scheme moves away
from the provision of a larger number of cottage flats and has sought to
deliver increased numbers of terraced, semi-detached and detached
dwellinghouses.  This approach does increase demand for space. It is
however noted that the proposed dwelling numbers and the general
layout proposed reflects that approved under application
20/00089/DPP. 
8.14 The proposed development incorporates a typical suburban layout that
includes a well-coordinated and comprehensive design approach that
takes cognisance and responds to features/constraints within the site
and the adjacent site interfaces. 
8.15 The proposed vehicular connection to the site generally reflects the
road alignment approved as part of the previous detailed planning
permission.  This includes retention of the proposed access to the north
west of the site off The Brae, and from Firth Road. 
8.16 An appropriate network of internal streets and secondary links are also
retained, alongside shared drives and private driveways, facilitating
suitable parking provision to accommodate the needs of future
residents.  This is combined with new footpath/cycleway creating
acceptable provision of connectivity from the site to nearby pedestrian
footpath/cycle network.  This arrangement enables safe, efficient
pedestrian and vehicular movements within the site in accordance with
Designing Streets guidance. 
8.17 The proposed layout facilitates the creation of open space, landscaping
and woodland/structure planting, combined with a spine road that
incorporates a tree lined avenue along the primary spine road running
Page 141 of 166

Page 142

north-south then extending east-west towards the south western corner
of the site, improving visual amenity and creating an enhanced
landscape offer within the site along with incorporating footpath
connections.  Additionally, various open space areas are proposed
including an entrance green, civic square, secondary open spaces and
a substantial informal open space area within the south of the site.
Cumulatively, this proposal does not result in an overdevelopment of
the site. 
8.18 The proposed dwellings are generally orientated to the primary internal
access road, secondary streets/links and towards the adjacent public
open space.  This creates a strong consistent streetscape frontage and
attractive outlooks for future residents.  Furthermore, the orientation of
houses fronting open spaces, and the proposed SUDS basins provide
for natural surveillance and deliver a good layout with character and
interest. 
8.19 The proposed layout seeks to deliver private amenity space within the
development.  Midlothian’s space standards are generally achieved,
with some properties having an excess of amenity space and others
falling just short.  However, where garden areas are considered to be
just short of requirements, reasonable garden depths are achieved. 
8.20 In addition to the above, the proposed development retains good levels
of separation within the development.  Back to back distances are
achieved where such properties are proposed.  Where rear to gable
relationships occur, appropriate 16m distances are achieved in the
majority of dwellings.  In instances where such distances fall slightly
below standards ordinarily sought, there are no facing windows
proposed therefore reducing any privacy impacts to an acceptable
level. 
8.21 The proposed footprint of development extends closer to existing
residential properties off The Brae at the south west of the site
compared to the previously approved scheme.  The proposed
encroachment on the open space in this location is marginal, with a
distance of circa 35m to neighbouring properties retained (the general
standard is a 25m separation distance).  On balance, the extension of
proposed development in this location will not lead to an unacceptable
detrimental impact to the character and amenity of neighbouring
properties.  No visual conflict is identified with neighbouring
development. 
8.22 No phasing plan has been submitted with the application. It should be
made a condition of a grant of planning permission that a
comprehensive annotated phasing plan and phasing schedule is
submitted for the prior written approval of the planning authority.  The
structural landscaping for the site should be completed in the early
phases of development to enable it to grow and become established to
complement the built form as it comes forward.  Furthermore, the
Page 142 of 166

Page 143

phasing should address the timing of pedestrian and cycling
connections through the site. 
8.23 The proposed built form is therefore generally considered to respond to
the site’s characteristics appropriately and would be considered to
comply with NPF4 policy 14 and MLDP policies DEV5 and DEV6. 
8.24 The proposed housing mix includes a range of dwelling types, styles
and sizes, including two-bedroom cottage flats and 2, 3, 4 and 5
bedroom houses.  This results in a good variety of housing types and
sizes and is considered to be appropriate for a site of this nature –
providing a series of houses to accommodate varied housing demand. 
Affordable Housing 
8.25 The provision of 25% affordable housing is in accordance with MLDP
policy DEV3 and is acceptable. 
8.26 The existing planning permission for the site (20/00089/DPP) provides
for 25% affordable housing provision (99 units) to be delivered by
means of the transfer of serviced remediated plots at identified trigger
points to the Council.  This was secured through the agreed planning
obligation which will be modified/amended to reflect the proposed
development should permission be granted. 
8.27 The quantum of affordable units is appropriate according to policy
DEV3. The location of the affordable units largely reflects the extant
planning permission and is acceptable. 
Architectural Styles 
8.28 The proposed dwellings in terms of their scale, massing, height and
positioning within the site do not appear incongruous nor visually
dominant within the immediate area.  Whilst retention structures are
proposed within a small number of properties, these are modest (a
maximum of 0.55m in height) and primarily run perpendicular to the
respective dwellings at the side and rear of the plots.  Additionally,
some dwellings feature a purpose under build owing to the levels of the
site.  In the main these are below 0.5m as would ordinarily be sought
through development proposals. 
8.29 There are a small number of dwellings which feature a higher under
build of 0.6m, with one instance of 0.8m. This would detract from the
visual amenity of the street scene and should be avoided.  Should
permission be granted a condition should be attached to ensure that no
under build on the site exceeds 0.5m, thus ensuring that the proposed
external levels within the site are not incongruous or visually dominant
within the immediate area. 
Page 143 of 166

Page 144

8.30 The proposed open space to the southern section of the site is suitably
graded to avoid a substantial level change and it is complemented by
landscaping which minimises potential unreasonable visual impacts.
This minimises engineering works within the site and ensure that levels
across the site, including finished floor levels for the proposed
dwellings, are acceptable in planning terms. 
8.31 All the proposed houses will be two storeys in height, and traditional in
form.  The vast majority would include pitched roofs with one house
type including a hipped roof.  This will create a continuity in style and
built form that will establish distinct neighbourhood character areas that
complement the visual amenity of the nearby area. 
8.32 Properties with an ‘Active Gable’ are proposed where they are located
adjacent to open space and footpath frontages.  The purpose of such a
design feature is to create visual interest to the street scene as well as
providing for enhanced natural surveillance.  As proposed, the ‘Active
Gable’ features are not satisfactory and do not provide for the level of
enhanced visual interest which would ordinarily be sought.  Any grant
of permission would be subject to a condition requiring additional
details for such plots.  Details should seek to incorporate additional
windows to street facing gables, or alternatively look to provide
enhanced landscaping to plot boundaries as compared to that which is
currently proposed.   
8.33 The external finishing materials and colours of the proposed dwellings
are acceptable in planning terms, subject to a condition requiring the
provision of samples on any grant of planning permission. 
8.34 Details of proposed ground surface materials have not been provided
and should permission be granted a condition relating to the proposed
ground surface materials should be attached. 
8.35 Cumulatively, the layout results in an acceptable outcome that does not
appear as an overdevelopment of the site. The proposed layout results
in a well-coordinated, comprehensive design rationale that takes
cognisance and responds to the features/constraints within the site and
the adjacent site boundaries. 
Areas of Improved Quality 
8.36 The planning authority require an enhanced design quality with at least
20% of the proposed dwellings to be located within Areas of Improved
Quality (AIQ).  The corresponding enhancements relate to the design
and layout of individual buildings, the use of materials (including
building finishes, boundary treatments and ground surfaces). 
8.37 Within such areas, the external finish materials are required to create
prominent landmark grouping or key individual buildings that define
these enhanced character areas.  An AIQ seeks to add interest and
Page 144 of 166

Page 145

character to developments, particularly in developments of the scale
proposed. 
8.38 In this instance, the proposed AIQ for this site comprises dwellings
primarily focussed at the entrance to the site, dwellings facing onto
areas of open space, those dwellings along the linear open space
toward the southern end of the site, and those on the eastern part of
the site fronting onto the SUDS basin.  In terms of the number of
dwellings included, the locations and built form the proposed AIQ is
acceptable. 
8.39 The proposed external finishes of dwellings within AIQ are acceptable,
with the use of single material and colours on whole elevations, along
with natural slate roofing.  These finishes would provide a simple
palette of contemporary materials that complement and enhance the
proposed built form. 
8.40 The proposed boundary treatments across the site, both within and
outwith the AIQ require refinement.  Should planning permission be
granted a condition relating to further details of boundary treatments
will be required.  Boundary treatments within AIQ should comprise high
quality stone walls, or half stone wall/half railing features. 
Boundary Treatments 
8.41 A variety of boundary treatments are proposed within the site.  These
include 1.8m high timber boundary fences, fence with stone piers, and
Anstone walls.  Many of these features are also complemented by
adjacent shrubs, tree planting or landscaped areas that soften their
appearance. 
8.42 Where garden boundaries are abutting a road or are prominent in the
street scene then it is important that they be bounded not by a fence as
is proposed in some instances; but instead, by a higher quality of
boundary treatment such as fence with stone piers, or Anstone walls as
proposed in other areas of the development.  As such, a condition will
be required on any grant of planning permission requiring approval of
the proposed boundary treatments.  Subject to the aforementioned
condition, the proposed boundary treatments will generally be in
keeping with the character and amenity of the area and are therefore
acceptable. 
Garden Ground 
8.43 The MLDP requires good levels of amenity for residential development
in terms of garden sizes, open space and the separation distances
between dwellinghouses to mitigate against overlooking, loss of privacy
and a sense of overbearing on neighbours.  The requirements with
regard usable private garden sizes should be: (i) 100 square metres for
terraced houses of 3 or more apartments; (ii) 110 square metres for
Page 145 of 166

Page 146

other houses of 3 apartments; and (iii) 130 square metres for houses of
4 apartments or more. 
8.44 With respect to the proposed development, the majority of the
proposed dwellings meet the requirements, with a number of properties
across the site exceeding such requirements.  Despite this, selected
dwellings fall below the minimum sizes above.  Of the detached and
semi-detached houses that fall below, they only fall marginally below
and they have access to various areas of communal open space
including the substantial open space areas to the south of the site.
Such variety in garden sizes allows for variation in the built form to the
benefit of the overall design.  As such, they are acceptable in this
instance. 
8.45 Moreover, the typical layout of terraced house, being narrow fronted
houses, dictates that if the minimum size was applied they would have
overly long gardens.  The proposed houses are similar to those of the
rest of the houses in the development, which is not significantly below
the minimum size.  Given the close proximity of the proposed dwellings
to communal open spaces it is considered that the relaxation in the size
of the gardens of the terraced houses is justified in this particular case. 
8.46 The development manages to deliver acceptable levels of spatial
separation between proposed dwellings and falls only marginally short
of the minimum standard where it does not meet the minimum.  In the
case of those that fall marginally short, the shortfall would not result in
significant harm to the amenity of those properties in terms of
overlooking or intrusiveness and thus is not significant. 
8.47 All of the proposed buildings are sufficiently distanced from existing
neighbouring houses out with the site boundary so as not to give rise to
any demonstrable harm to their residential amenity in terms of loss of
daylight, loss of sunlight or overlooking.  There would be no significant
harm to the amenity of any existing neighbouring property from the
proposed development. 
8.48 In general the currently proposed layout is acceptable and the
proposed development will not undermine the objectives of MLDP
policy DEV6. 
Access and Transportation 
8.49 Primary access to the site is proposed at the north western corner of
the site to The Brae.  A secondary access is provided within the
western part of the site via an extension of Firth Road.  These
arrangements create an acceptable engineering design solution that
would facilitate safe, efficient vehicular manoeuvrability to/from the site.
They also allow for traffic generation associated with the proposed
development to be accommodated sufficiently within the local road
network.
Page 146 of 166

Page 147

8.50 A primary spine road runs through the site and provides an efficient
connection to a network of internal secondary roads allowing safe
efficient safe manoeuvrability to corresponding dwellings. 
8.51 The proposed development includes a series of informal paths, 2m
wide footpaths and 3m wide multi-user routes which facilitate integrated
opportunities for active travel, cycling and sustainable travel
opportunities. 
8.52 Previous grant of planning consent for the site included the provision of
a 3m wide multi-user route running along the western side of the site
identified for a proposed new school.  This route ran from Firth Road to
join the proposed cycleway/footpath opposite plot 72 and provided a
convenient active travel route for residents at the southern side of the
development to travel northward to access the new crossing point on
The Brae.  Any future development proposals which come forward for
the proposed school site will be required to facilitate a 3m wide
cycleway/ footpath. 
8.53 The loss of the proposed 3m wide multi-user route at this location, and
along Firth Road, as part of the proposed development results in the
loss of an important element of the layout previously approved and the
wider path network across the site, and a continuous 3m wide multi-
user route should be reinstated. 
8.54 The optimal location for such a path, to allow connectivity from the
north of the site at The Brae, down to the proposed open space and 3m
wide multi-user route at the south of the site would be to extend the
proposed 2m wide footpath which runs through the central landscaped
area of the site to allow for the provision of a 3m path.  Such provision
would ensure that active travel through the site is encouraged and
result in a convenient active travel route for users of the site.  This can
be secured by a condition on a grant of planning permission. 
8.55 Sufficient access is afforded to public transport opportunities, with
improvement sought by the Council’s Senior Manager Neighbourhood
Services (Roads) to encourage more sustainable travel options away
from car based travel. Specifically, the provision of new bus shelters
(on the A701/Edinburgh Road) and multi-user cycle path routes.  These
can be secured via a condition on a grant of planning permission. 
8.56 The Council’s Senior Manager Neighbourhood Services (Roads) raises
no concern with the transportation assessment update report submitted
with the application subject to conditions outlined above relating to: bus
shelter provision (two 5-bay shelters); electric vehicle charging points
and specifications; off-site improvement works to The Brae; and details
of additional cycleway/footpath provision being secured by condition(s). 
Page 147 of 166

Page 148

8.57 The proposed private and visitor parking accords with the Council’s car
parking standards.  The proposed parking area located to the rear of
plots 80-83 includes the provision of 10 parking bays, 6 of which are
proposed for visitor car parking.  The proposed layout details parking
spaces located directly adjacent to the 2m wide public footway with no
landscape buffer proposed.  This is not acceptable and details should
be submitted to show the relocation of 2 visitor parking spaces to
roadside parking bays to allow for enhanced boundary treatments in
this location with provision of low level planting to the street frontage.
Such details can be required by condition. 
8.58 Overall the proposed development is considered to comply with NPF4
policy 13 and MLDP policy TRAN1. 
Multi-User Cycle Path & Green Networks 
8.59 In terms of requirements for a multi-user cycle path, the Green
Networks SG requires a multi-user path that connects from the
NCR196 (around Dalmore Mill) to the north of the site (around the
former railway line).  The proposed development includes a series of
3m wide multi-user route which link up from the north west and north
east of the site, through its centre, towards the south of the site.  The
multi-user cycle path to the south of the proposed development
contributes towards the delivery of strategic accessibility objectives for
this area.  This allows for the provision of a cycle path to the edge of
the site on land within the applicant’s control. 
8.60 This above approach is supported in principle and seeks to allow the
Council to progress with planned feasibility options for the final part of
the multi-user cycle path over the River North Esk on land not
owned/controlled by the applicant.  This option specifically allows for
consideration of a future connection facilitated by the Council from the
south western corner of the site (in the applicant’s control) to the
NCR196 and the possible future realisation of accessibility connections
through the site to NCR196. 
8.61 In addition to the above multi-user cycle ways, 2m wide pedestrian
footpaths are located across the site, ensuring safe, direct and
coherent access from The Brae to homes and open space across the
site.  The Council’s Land Resource Manager does not object to the
application and has confirmed that the internal network of paths for the
development is sufficient, along with provision of acceptable access
points into and out of the proposed development. 
8.62 The section of 2m wide public footway opposite plots 90, 91, 92 and 93
could be viewed as redundant owing to its proximity to the adjacent 3m
wide multi-user route.  This land could be better used to facilitate
additional landscaping to the development and should be replaced by a
2m wide grass verge or low level planting over this section.  This can
be secured by a condition on a grant of planning permission.
Page 148 of 166

Page 149

8.63 The proposed outcomes are considered to accord with NPF4 policy 13,
MLDP policy TRAN1 and the intent of the Green Networks SG as it
provides a multi-user cycle path from the northern connection point,
through the entire site, to the south western and south eastern corners
of the site.  This will allow for direct connectivity to NCR196 to be
provided by the Council once feasibility options are prepared by the
Council to confirm the most suitable and practical option to achieve this
once engineering and ownership constraints have been be addressed.   
Open Space 
8.64 The proposed open spaces are similar in size compared to the extant
planning permission.  The proposed development provides an
extensive range of formal public spaces including a civic square,
‘entrance green’, secondary open spaces and a linear greenway within
the centre of the site.  This is combined with substantial areas of
informal open space within the south western corner of the site that
significantly exceeds the open space requirements for a development
of this nature. 
8.65 In light of the significant open space provided the development is
considered to comply with NPF4 policy 21 and MLDP policy DEV8,
notwithstanding that infrastructure contributions will be required
towards offsite open space and play space provision.  These shall be
secured via a planning obligation that would accompany any grant of
planning permission. 
Landscape and Visual Impact 
8.66 The MLDP settlement strategy for site Hs20 includes objectives to
include transitional edges to the river valley including SUDS, open
space and boundary enhancement of existing vegetation, retention of
the existing vegetation along the boundaries of the former driving range
and an avenue with trees/paths/swales.  The applicant’s landscape
plans demonstrate that these outcomes are achieved. 
8.67 The submitted tree survey and arboriculture assessment report
provides assessment of tree cover within the development site and at
the site boundaries and describes the impact of the development on
these features.  Findings include the retention of a narrow strip of trees
along the minor access road/north east boundary to be retained;
retention of mature woodlands along the east and south boundaries
with sufficient space incorporated to allow safe retention of all trees in
these areas; the removal of two individual trees (tag numbers 4458 and
4459, adjacent to Lee Lodge) to accommodate the development; and
the removal of a linear group of mixed species along the access road to
Firth Lodge/ Old Woodhouselee, in the south west corner of the
development.  Although recently submitted, the survey report appears
dated given that a number of the above features proposed for removal
have already been removed to accommodate development. 
Page 149 of 166

Page 150

8.68 It is noted that the removal of the stated trees was granted under the
existing consent at the site and therefore no further action is required
on this matter. 
8.69 A woodland management plan should be submitted for approval to
ensure the remaining woodland strip is actively managed (including by
means of thinning and restocking with a variety of native species), to
maintain continuous cover along the north east boundary with Oatslie
Road. 
8.70 NPF4 places greater emphasis on biodiversity enhancement and
affords greater protection to the natural environment, woodland and
trees where these have the potential to be adversely affected by
development proposals.  Concern was raised through representations
as to potential damage and detrimental impact of the development on
existing ancient woodland in the vicinity of the site.  Specifically,
concern was raised over increased vulnerability of habitats to the
outside influences, or edge effects, that result from the land’s change of
use.  On balance, it is considered that the proposed landscape
strategy, including tree removal and substantial replanting, results in an
acceptable outcome that enhances landscaping opportunities within the
site and successfully integrates the proposed development into the
surrounding landscape whilst minimising the impact on the existing
natural environment. 
8.71 Further details on the proposed landscaping across the site should be
required by way of condition.  Such details should include increased
provision of areas of biodiverse/flowering lawn mix throughout the
proposed network of greenways and more widely at the fringes of the
site, to optimise biodiversity and habitat value; including within the
green spaces overlooked by Plots 90 - 101, 170 -174, 183 - 186, 168 -
174, 219 - 220 and those at the eastern extent of the site at Plots 149 -
152 and 157 – 162. 
8.72 Additionally, enhanced landscaping details should be provided for
areas of open space between Plots 245 + 247; and 289 – 300.  In
instances such as these where small strips of open space are
proposed issues can occur with regard to maintenance and safety
concerns and where possible this should be avoided. 
8.73 The proposed streets are predominantly bound by green verges and
associated landscaping that will aid in creating attractive vistas,
particularly when travelling north - south through the site.  Overall, the
landscape strategy accords with NPF4 policy 4 and 6, and MLDP policy
ENV11. 
8.74 In terms of visual impact, the proposed development will not result in
unacceptable impacts to any sensitive nearby receptors, including
heritage assets. 
Page 150 of 166

Page 151

8.75 The provision of woodland planting around the site, particularly
substantial planting along the southern edges of the site provides
suitable landscape screening to prevent any unreasonable visual
intrusion into the existing river valley.  This outcome minimises the
visual impact of the proposed development from the North Esk Valley
and heritage assets within the wider context.  This outcome complies
with MLDP policy DEV6 with respect to boundary impacts on existing
landscape character and MLDP policy ENV8 relating to the protection
of river valleys in that it will not have an impact on the landscape and
conservation value of the existing river valley. 
Flood Risk and Surface Water Drainage 
8.76 The applicant’s flood risk assessment (FRA) outlines that there are two
small watercourses towards the east and south east of the site that
drain to the River North Esk, with Glencorse Burn flowing to the west of
the site.  The SEPA National Flood Maps show that the site lies outside
of the floodplain of the River North Esk and the site is not at significant
risk from fluvial nor groundwater flooding. 
8.77 The SUDS proposal as delineated on the application comprise two
SUDS basins to the east of the site, designed as relatively soft features
in the landscape.  The SUDS scheme will ensure that there will be no
net detriment to the locality’s surface water drainage whilst providing a
locally attractive space which enhances biodiversity. 
8.78 Given concerns raised through representations over the possibility of
surface water runoff from the side slope proposed to be formed
adjacent to plots 356, 362, 363 and 368 – to the south west boundary
of the site - a land drain or landscaped bund should be formed at the
foot of the slope to reduce the possibility of run-off onto adjacent
properties located off The Brae.  This can be secured via condition on a
grant of planning permission. 
8.79 There has been no objection from the Council’s Senior Manager
Neighbourhood Services (Flood Officer).  Subject to the provision of a
condition covering the addition of measures to reduce potential surface
water run off at the foot of the slope to the south west of the site, and
the aforementioned mitigation measures in the form of SUDS, the
proposed drainage, would accord with the corresponding objectives of
NPF4 policy 22 and MLDP policy ENV9 and ENV10. 
Ecological Matters 
8.80 Ecology reports were submitted which have been reviewed by the
Council’s Biodiversity Advisor, TWIC.  The Ecological Assessment and
accompanying information covering the whole of the site submitted do
not recommend against the development on grounds of impact on
biodiversity. 
Page 151 of 166

Page 152

8.81 It is recommended that a pre-construction check for badgers is
undertaken no more than 3 months prior to the commencement of
works.  This can be required by condition to any grant of planning
permission.  With such a condition the proposed development complies
with NPF4 policy 3 and MLDP policy ENV15. 
Archaeology/Heritage 
8.82 No objection to the proposed development was received from either the
Council’s Archaeological Advisor or Historic Environment Scotland. 
The Council’s Archaeological Advisor confirmed that no further
archaeological work is required in relation to this application site.  The
site area has already been archaeologically evaluated (with a
subsequent targeted excavation), and reported upon appropriately
under the prior consent granted at the site and as such the proposed
development is considered to comply with NPF4 policy 7 and MLDP
policy ENV24. 
Safeguarding Land for Education 
8.83 The sites strategic housing land allocation within the MLDP (Site HS20)
refers to the requirement for a new single stream primary school within
the site.  As identified on the site plan, an area of land to the north of
the side has been selected for the possible provision of such, and
excluded from the proposed development land. 
8.84 Whilst the allocation refers to a school, the Council has decided not to
pursue this option. The lack of provision of the school therefore in this
instance, does not equate to grounds for the refusal of the application. 
8.85 The future use of the school site, should a school not be required, is
not a matter for consideration as part of the assessment of this
application and any forthcoming proposals would be dealt with under a
separate planning application.  However, the site is part of the
application site and if left undeveloped could have an adverse impact
on the visual amenity of the area.  Therefore, clarification will be sought
with regards to what will be done with the parcel of land in the
meantime, perhaps by utilising some informal landscape planting or
accommodating the construction compound.   
Percent for Art 
8.86 Details of a public art strategy for the proposed development will be
required to ensure that the percent for art required by MLDP policy
IMP1 is met. This can be secured via a condition on any grant of
planning permission. 
Page 152 of 166

Page 153

Feasibility of District Heating System 
8.87 In order for the Government’s renewable energy and heat demand
targets to be met, it is important that all types of new developments
consider the role they play in using heat from renewable sources. 
8.88 MLDP Policy NRG6 states that community heating within new
developments should be supported where technically and financially
feasible. 
8.89 The conclusions of the submitted Review of Heat Network Suitably
Report are considered to be sound.  The planning authority agree that
there is no heat network within the vicinity of the site to enable to
development to be served, nor are there any pipeline projects for the
near future. 
8.90 The applicant has confirmed that consideration has been provided to
safeguarding for future district heating pipes at Auchendinny, however
with consideration that a Community Heating Network is not viable at
the site, and will not be throughout the construction of the site at this
location as confirmed in the Heat Network report, such safeguarding
has not been provided. 
Contamination and Remediation 
8.91 The Council’s Senior Manager Protective Services recommends that a
standard contaminated land site investigation condition is attached to
any consent granted to ensure that the land in the application site is
suitable for its intended use. 
8.92 The planning application is accompanied by Geotechnical Design &
Environmental Risk Assessment Report providing detail as to the
suitability of the land for its intended use and to assess potential risks
from contamination in the context of the development. 
8.93 Appropriate assessment of the submitted information, along with a
remediation strategy outlining how such measures will be implemented
and a validation report confirming how the corresponding remediation
approaches have been undertaken will be required. This can be
secured by a condition on a grant of planning permission. 
8.94 The proposed development, subject to appropriate conditions complies
with NPF4 policy 23 and MLDP policy ENV16. 
Developer Contributions and Affordable Housing 
8.95 In relation to Midlothian Council, policies relevant to the use of planning
obligations are set out in the MLDP and Midlothian Council’s Developer
Contributions Guidelines (Supplementary Planning Guidance).  If the
Council is minded to grant planning permission for the development it
Page 153 of 166

Page 154

will be necessary for the applicant to enter into a planning obligation to
secure: 
• A financial contribution towards primary education capacity;
• A financial contribution towards secondary education capacity;
• A financial contribution towards the A701 realignment and A702
link road project/public transport;
• A financial contribution towards off site children’s play and open
space improvements;
• Long term maintenance arrangements for communal open
space within the site; and
• The provision of affordable housing (25%). 
8.96 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); and
• be reasonable in all other respects. 
8.97 Developer contributions, including for affordable housing provision,
have been secured through a planning obligation which was concluded
in relation to planning permission 20/00089/DPP.  Should this
application be granted planning permission a revised planning
obligation would be required to be completed ahead of the issuing of a
new permission in order to ensure that it is also bound by the
obligation. 
8.98 The planning obligation associated with the existing planning
permission for the site (20/00089/DPP) secured financial contributions
towards additional capacity in relation to primary and secondary
education, the A701 Relief Road and associated works and off site
play/open space provision.  In addition, the agreement provides that
the necessary affordable housing provision (25% of the total consented
units) will be met by means of the transfer of serviced remediated plots
to the Council. 
8.99 The existing agreement provided that there was a period of one year
from the granting of permission in respect of 20/0089/DPP for the
Page 154 of 166

Page 155

Council to draw down the primary school land.  That period fell away
without the school land being drawn down and furthermore the Council,
at its meeting in December 2022, in agreeing the update to the
Learning Estate Strategy agreed that the delivery of a primary school at
this site would no longer be pursued and primary pupils arising from
this site would be accommodated by extending another existing
primary school.  The revised obligation will therefore omit provisions in
relation to the primary school land reservation.   
8.100 The requirements as set out above for any proposed planning
obligation would meet the above tests. 
Other Matters 
8.101 Concerns were raised by objectors regarding the existing capacity of
general practice medical facilities within the immediate area and the
potential impacts of new housing on the capacity of health and care
services. This matter is required to be addressed by the Midlothian
Health and Social Care Partnership through the provision of sufficient
health service capacity.  That can involve liaison with the Council as
planning authority (and initial discussions on this have been undertaken
at a strategic level) but it is not, on its own, a sufficient basis in itself on
which to resist or delay the application. 
9. RECOMMENDATION 
9.1 That planning permission be granted for the following reason: 
The proposed development site will contribute to the sustainable
delivery of housing in compliance with the policies of National Planning
Framework 4 and the vast majority of the site is allocated for housing in
the Midlothian Local Development Plan 2017 (MLDP) forming part of
the Council’s committed housing land supply and where there is a
presumption in favour of an appropriate form of development. The
remainder of the site is located within the Countryside where the
complimentary recreational development proposed (multi user cycle
path) is of a scale and nature appropriate to the character of this area.
This presumption in favour of development is not outweighed by any
other material conditions. 
Subject to: 
a. The prior signing of a planning obligation to secure: 
• A financial contribution towards primary education capacity;
• A financial contribution towards secondary education
capacity;
• A financial contribution towards the A701 realignment and
A702 link road project/public transport;
• A financial contribution towards off site children’s play and
open space improvements;
Page 155 of 166

Page 156

• Long term maintenance arrangements for communal open
space within the site; and
• The provision of affordable housing (25%). 
The legal agreement shall be concluded within six months.  If the
agreement is not concluded timeously the application will be
refused. 
b. The following condition: 
1. The development to which this permission relates shall commence
no later than the expiration of three years beginning with the date
of this permission. 
Reason: To accord with the provisions of Section 58 of the Town
and Country Planning (Scotland) Act 1997 (as amended by the
Planning (Scotland) Act 2019). 
2. Development shall be carried out in accordance with the layout
approved on site plan site plan ref. AUCH/SK004 Rev M.2 unless
otherwise agreed in writing by the planning authority. 
Reason: For the avoidance of doubt as to what is approved. 
3. Development shall not begin until details of the phasing of the
development has been submitted to and approved in writing by the
planning authority. The phasing schedule shall include the
construction of each residential phase of the development, the
provision of affordable housing, the provision of open space,
structural landscaping, the SUDS provision and
transportation/roads infrastructure. Structural landscaping and
transportation/roads infrastructure shall form part of Phase 1 of the
scheme. Development shall thereafter be carried out in accordance
with the approved phasing unless agreed in writing with the
planning authority. 
Reason: To ensure the development is implemented in a manner
which mitigates the impact of the development process on existing
land users and the future occupants of the development. 
4. Notwithstanding that specified on application drawings hereby
approved the external elevations of the buildings indicated on site
plan ref. AUCH/SK004 Rev M.2 as ‘Active Gables’ are not
approved. Development shall not begin until the following have
been submitted to and approved in writing by the planning
authority:
i. housetype elevations with increased provision of external
windows to street fronting gables on plots 31, 53, 93, 121,
130, 154, 188, 220, 320, 338, 341, 352, 358, 377, 384,
389,and 391.
Page 156 of 166

Page 157

Development shall thereafter be carried out in accordance with the
approved elevations. 
Reason: To ensure the quality of the development is enhanced by
the creation of visual interest to the street scene as well as
providing for enhanced natural surveillance in accordance with
NPF Policies 14 and 23 and policies DEV2 and DEV6 of the
Midlothian Local Development Plan 2017 and national planning
guidance and advice. 
5. Unless otherwise agreed in writing by the planning authority, the
footpath identified in colour orange between points A and B on site
plan ref. AUCH/SK004 Rev M.2 is not approved and shall instead
be 3m wide and constructed to an adoptable standard to facilitate a
multi-user route. 
6. Development shall not begin until an updated scheme for footpath,
multi-user paths, cycle ways and parking has been submitted to
and approved in writing by the planning authority. Details of the
scheme shall include:
i) Bus shelter improvements on the A701 to create two 5-bay
shelters on either side of the road; 
ii) Details of traffic calming measures to ensure priority is
afforded to users of the proposed 3m wide multi-user route
where this intersects with the proposed internal road
network.
iii) Details of 3m wide multi-user route across the site including
those identified in terms of Condition 5 to specify precise
alignment, surface material specifications and gradients for
the path;
iv) Details of revised parking arrangements to the east of plots
80-83 onto laybys at adjacent proposed spine road; and 
v) Details of proposed cycle parking/storage facilities for
proposed cottage flats. 
Development shall thereafter be carried out in accordance with the
approved details or such alternatives as may be agreed in writing
by the planning authority. 
7. The proposed off-site improvements to The Brae including the
change in speed limit, gateway feature, and pedestrian crossing
shall be submitted to and approved in writing by the planning
authority prior to occupation of any individual phase of
development (as approved under Condition 3). 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. 
Page 157 of 166

Page 158

Reason for conditions 5 - 7: To ensure that future users of the
site and existing local residents have access to the provision of
safe and convenient access to and from the site; to ensure that all
footpaths and multi-user paths meets the Councils design
requirements; and to ensure that the development accords with the
requirements of NPF policies 13 and 15 and MLDP policy TRAN5.   
8. Development shall not begin until details, including a timetable of
implementation, of superfast fibre broadband have been submitted
to and approved in writing by the planning authority. The details
shall include delivery of superfast fibre broadband prior to the
occupation of the building. The delivery of superfast fibre
broadband shall be implemented as per the approved details. 
Reason: To ensure the quality of the development is enhanced by
the provision of appropriate digital infrastructure; and to comply
with policy IT1 of the Midlothian Local Development Plan 2017. 
9. Development shall not begin until details of the provision and use
of electric vehicle charging stations have been submitted to and
approved in writing by the planning authority. The charging units
shall be rapid changing units and located in publicly accessible
areas within the development. Publicly available electric vehicle
charging points shall be designed with a single, double head
charging unit which can serve two adjacent bays.  Banks of end-on
charging bays are preferred with the bays being located adjacent to
landscaped areas rather than property frontages.  Where end-on
electric vehicle bays are located on public footways the standard
2m wide footway will require to be widened to provide room for the
charging unit and any bollards required. Development shall
thereafter be carried out in accordance with the approved details or
such alternatives as may be approved in writing with the planning
authority. 
Reason: To ensure the development accords with the
requirements of policy TRAN5 of the Midlothian Local Development
Plan 2017. 
10. Development shall not commence until details of a scheme to deal
with surface water run off to the land to the west of plots 356, 362,
363 and 368 is 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: To ensure that the development is provided with
adequate surface water drainage; and to ensure that development
complies with policies ENV9 and ENV10 of the Midlothian Local
Development Plan 2017 
Page 158 of 166

Page 159

11. Development shall not begin until details and, if requested,
samples of materials to be used on external surfaces of the
buildings and hard ground cover surfaces 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.
External materials and finishes of improved quality shall be
provided for properties within the Areas of Improved Quality. 
Reason: To ensure the quality of the development is enhanced by
the use of quality materials to reflect its setting in accordance with
policies DEV2 and DEV6 of the Midlothian Local Development Plan
2017 and national planning policy, guidance and advice. 
12. Development shall not begin on an individual phase of
development (identified in compliance with condition 3) until details
of the siting, design and external appearance of ancillary structures
of that phase have been submitted to and approved in writing by
the planning authority for that phase. Development shall thereafter
be carried out to the design and specifications approved, or such
alternatives as may be agreed in writing with the planning authority. 
Reason: To ensure the proposed development is appropriate in its
design and complies with policies DEV2, DEV5 and DEV6 of the
Midlothian Local Development Plan 2017. 
13. Notwithstanding the plans hereby approved, the proposed
boundary treatments delineated on site plan ref. AUCH/SK004 Rev
M.2 are not approved. Development shall not begin until updated
details of boundary treatments to street frontages have been
submitted to and approved in writing by the planning authority.
Boundary treatments of improved quality shall be provided for
properties within the Areas of Improved Quality. Development shall
thereafter be carried out using the approved materials or such
alternatives as may be agreed in writing with the planning authority. 
Reason: To ensure the quality of the development is enhanced by
the use of quality materials to reflect its setting in accordance with
policies DEV2, DEV5 and DEV6 of the Midlothian Local
Development Plan 2017 and national planning guidance and
advice. 
14. Development shall not begin on an individual phase of
development (identified in compliance with condition 3) until an
updated scheme for hard and soft landscaping works has been
submitted to and approved in writing by the planning authority.
Details of the scheme shall include:
(i) Additional hedge planting to the boundaries of plots 288,
299, 300, 385, and 395;
Page 159 of 166

Page 160

(ii) Details of proposed additional landscaping to the replace
the proposed section of 2m wide public footway opposite
plots 90, 91, 92 and 93;
(iii) Details of proposed enhanced scheme of landscaping to
open space adjacent to plots 245, 246 and 247, 248; and
291, 292 and 293, 294; and 295,296 and 297, 298;
(iv) Details of tree protection measures, complying with
BS5837:2012, for all trees that are to be retained;
(v) A Woodland Management Plan outlining sustainable
management, motoring, maintenance and replanting
requirements for existing woodland within the site; 
(vi) Specifications for roadside tree planting showing cross
sections of tree pits, adequate rooting volume for street
trees and specification for urban tree planting systems;
(vii) Details of street furniture and play/ trim trail provision
across the development, including location and
specification; and
(viii) Updated scheme of landscaping to include enhanced
provision of flowing lawn mix across the proposed network
of greenways.   
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. 
Reason: To ensure the quality of the development is enhanced by
landscaping to reflect its setting in accordance with policies DEV5,
DEV6 and DEV7 of the Midlothian Local Development Plan 2017
and national planning guidance and advice. 
15. Prior to the commencement of development a pre-construction
check for badgers shall be undertaken and the findings shall be
reported upon and submitted to the planning authority for approval
in writing. Thereafter, development shall be carried out in
accordance with the approved findings and recommendations. 
Reason: To protect and enhance protected species and other
biodiversity on the site in accordance with policy ENV15. 
16. Development shall not begin until details of a
sustainability/biodiversity scheme for the site, including the
provision of house bricks and boxes for bats and swifts throughout
the development, as well as mammal passage points in walls and
fences, has been submitted to and approved in writing by the
planning authority. Development shall thereafter be carried out in
Page 160 of 166

Page 161

accordance with the approved details or such alternatives as may
be approved in writing with the planning authority. 
Reason: To ensure the development accords with the
requirements of policy DEV5 of the Proposed Midlothian Local
Development Plan 2017. 
17. Development shall not begin until updated details showing the
repositioning of Plots 39-46; 60-64; and 72-83 have been submitted
and approved in writing by the planning authority to show the
repositioning of gables to house type ERINVALE. Development
shall thereafter be carried out in accordance with the approved
details or such alternatives as may be agreed in writing with the
planning authority. 
Reason: To ensure that the proposed layout presents an
acceptable level of amenity for future residents and responds
positively to the street scene in line with policies DEV2 and DEV6
of the Midlothian Local Development Plan 2017. 
18. Development shall not begin until a scheme, including a timetable
of implementation, of 'Percent for Art' have been submitted to and
approved in writing by the planning authority. The 'Percent for Art'
shall be implemented as per the approved details. 
Reason: To ensure the quality of the development is enhanced by
the use of art to reflect its setting in accordance with policies DEV6
and IMP1 of the Midlothian Local Development Plan 2017 and
national planning guidance and advice. 
19. No building shall have an under-building that exceeds 0.5 metres in
height above ground level unless otherwise agreed in writing by the
planning authority. 
Reason: Under-building exceeding this height is likely to have a
materially adverse effect on the appearance of a building. 
20. The development shall not begin until a scheme to deal with any
contamination of the site and/or previous mineral workings has
been submitted to and approved by the planning authority. The
scheme shall contain details of the proposals to deal with any,
contamination and/or previous mineral workings and include: 
i. the nature, extent and types of contamination and/or
previous mineral workings on the site; 
ii. measures to treat or remove contamination and/or previous
mineral workings to ensure that the site is fit for the uses
hereby approved, and that there is no risk to the wider
environment from contamination and/or previous mineral
workings originating within the site; 
Page 161 of 166

Page 162

iii. measures to deal with contamination and/or previous
mineral workings encountered during construction work;
and 
iv. the condition of the site on completion of the specified
decontamination measures. 
21. On completion of the decontamination/remediation works referred
to in Condition 20 above and prior to any dwelling house being
occupied, a validation report or reports shall be submitted to the
planning authority confirming that the works have been carried out
in accordance with the approved scheme. No dwelling house shall
be occupied unless or until the planning authority have approved
the required validation. 
Reason for conditions 20 and 21: 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. 
22. Development shall not begin until 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 a construction access; 
ii. signage for construction traffic, pedestrians and other users
of the site; 
iii. controls on the arrival and departure times for construction
vehicles, delivery vehicles and for site workers (to avoid
school arrival/departure times); 
iv. details of piling methods (if employed); 
v. details of any earthworks; 
vi. control of emissions strategy; 
vii. a dust management plan/strategy; 
viii. waste management and disposal of material strategy; 
ix. a community liaison representative will be identified to deal
with the provision of information on the development to the
local community and to deal with any complaints, regarding
construction on the site; 
x. prevention of mud/debris being deposited on the public
highway; 
xi. material and hazardous material storage and removal; and 
xii. controls on construction, engineering or any other
operations or the delivery of plant, machinery and materials
(to take place between 0700 to 1900hrs Monday to Friday
and 0800 to 1300hrs on Saturdays). 
Development shall thereafter be carried out in accordance with the
approved details or such alternatives as may be approved in writing
with the planning authority. 
Page 162 of 166

Page 163

Reason: 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. 
Peter Arnsdorf
Planning, Sustainable Growth and Investment Manager 
Date:     20 March 2023 
Application No:    22/00848/DPP
Applicant: The Technical Department Bellway Homes
Scotland East
Agent:              N/A
Validation Date:  19/12/2022
Contact Person:  Alison Ewing, Planning Officer 
Email:     alison.ewing@midlothian.gov.uk 
Background Papers: Planning application 20/00089/DPP 
Page 163 of 166

Page 164

File No.
1:7,500Scale:
Reproduced from the Ordnance Survey map with the permission of the
controller of Her Majesty's Stationary Office. Crown copyright reserved.
Unauthorised reproduction infringes Crown copyright and may lead to
prosecution or civil  proceedings
Midlothian Council Licence No. 100023416 (2018) ±
Midlothian Council
Fairfield House
8 Lothian Road
Dalkeith
EH22 3AA
Education, Economy
& Communities Erection of 395 dwellings and associated works
Land South East of Auchendinny
22/00848/DPP
Page 164 of 166

Page 165

The Banks
Tunnel
9 to 18
Playing Field
Pond
169.8m
The Cleugh
Pond
W
oodhouselee
Issues
2a
26
8
10
Easter Auchendinny Bridge
Posts
Cistern
Glencorse Burn
Und
Pond
C Tk
Track
Lee Lodge
Oak Tree Cottage
Firth Lodge
Sandana
Cottage
Old W
oodhouselee
169.2m
Firth View
Small Steps
168.2m
El Sub Sta
FIRTH ROAD
78
76
Posts
Path (um)
Sluice
Auchendinny
160.0m
Track
46
62
46a
Shelters
60
THE BRAE
48
44
50
44a
43
41
26
19
FIRTH CRESCENT
1
2
8
1
9 to 21
23 to 37
Cycle W
ay
146.0m
Viaduct
El Sub Sta
Pond
Shelter
35 37
1 to 4
33
Evelyn Terr
9 to 12
Victoria Inn
39
4
(PH)
Play Area
Play Area
Play Area
Centre
The Glencorse
36
12
1832
28
34
42
26
20
153.6m
30
38
40
W
ater
Gunpowder Cottage
39
Balancing
Pond
3
LB
TCB
(dis)
THEBRAE
7
1517
B 7026
11
Perpop
130.5m
Firth Bridge
Old
Castle
KINLOCH
KINLOCH
(op)3.3m
3.3m
D
D
SUNNINGDALE
D
6.1m
AVONDALE
(op)
5.2m
LOMOND
3.3m
LOMOND
(op) 3.3m
KINLOCH
KINLOCH
(op)
3.3m
3.3m
VICTORIA
D
D
D
5.1m
MUIRFIELD
4.9m
BURGESS
5.8m
VICTORIA
D
D
D
5.1m
OAKMONT
4.7m
MUIRFIELD
4.9m
D
D
SUNNINGDALE
D
6.1m
BURGESS
5.8m
AVONDALE
(op)
5.2m
ERINVALE (op)
3.5m
BURGESS
(opp)
5.8m
VICTORIA
DD
D
5.1m
MUIRFIELD
4.9m
HT002
HT002
HT007HT003HT003HT007
HT007HT007
139
140
141
HT007
HT003
HT003
HT007
D
VICTORIA
(opp)
D
D
5.1m
D
SUNNINGDALE
(opp)
D
D
6.1m
D
VICTORIA
(opp)
DD
5.1m
LOMOND
3.3m
LOMOND(op)
3.3m
D
VICTORIA
(opp)
D
D
5.1m
ERINVALE
3.5m
AVONDALE
(op)
5.2m AVONDALE
(op)
5.2m
BURGESS
(opp)
5.8m
VICTORIA
DD
D
5.1m
OAKMONT(opp)
4.7m
ERINVALE
(op)
3.5m
ERINVALE
3.5m
OAKMONT
4.7m
OAKMONT
(opp)
4.7m
D
SUNNINGDALE
(opp)
D
D
6.1m
OAKMONT
4.7m
BURGESS
(opp)
5.8m
BURGESS
(opp)
5.8m
TURNBERRY
6.4m
TURNBERRY
(OPP)
6.4m
D
D
SUNNINGDALE
D
6.1m
MUIRFIELD
4.9m
D
VICTORIA
(opp)
D
D
5.1m
D
VICTORIA
(opp)
D
D
5.1m
AVONDALE
(op)
5.2m
BURGESS
5.8m
OAKMONT
(opp)
4.7m
D
VICTORIA
(opp)
D
D
5.1m
PINEHURST (opp)
4.8m
PINEHURST
4.8m
BURGESS
(opp)
5.8m
BURGESS
(opp)
5.8m
BURGESS
(opp)
5.8m
D
VICTORIA
(opp)
DD
5.1m
BURGESS
(opp)
5.8m
BURGESS
5.8m
AVONDALE
5.2m
AVONDALE
5.2m
MUIRFIELD
4.9m
VICTORIAD
D
D
5.1m
D
VICTORIA
(opp)
D
D
5.1m
OAKMONT
(opp)
4.7m
OAKMONT
4.7m
BURGESS
(opp)
5.8m
D
VICTORIA
(opp)
D D
5.1m
HT007
HT003
HT003
HT007
HT007
HT003
HT003
HT007
HT002
HT002
HT002
HT002
HT002
HT002
HT002
HT002
HT007
HT003
HT003
HT003
HT007
HT003
OAKMONT
4.7m
BURGESS
(opp)
5.8m
D
VICTORIA
(opp)
D
D
5.1m
AVONDALE
(op)
5.2m
HT007
HT003
HT003
HT003
HT007
HT003
ERINVALE
3.5m
MUIRFIELD
4.9m
BURGESS
5.8m
Glencoe
Glencoe
(op)
ERINVALE
(op)
3.5m
ERINVALE
(op)
3.5m
VICTORIA
D
D
D
5.1m
TURNBERRY
6.4m
BURGESS (opp)
5.8m
BURGESS (opp)
5.8m
BURGESS (opp)
5.8m
ERINVALE
3.5m
D
VICTORIA
(opp)
D
D
5.1m
AVONDALE
(op)
5.2m
ERINVALE (op)
3.5m
D
D
SUNNINGDALE
D
6.1m
OAKMONT
4.7m
AVONDALE (op)
5.2m
BURGESS (opp)
5.8m
D
D
SUNNINGDALE
D
6.1m
D VICTORIA (opp)
D
D
5.1m
ERINVALE
3.5m
BURGESS
(opp)
5.8m
OAKMONT (opp)
4.7m
D VICTORIA (opp)
D
D
5.1m
D
D
SUNNINGDALE
D
6.1m
D
VICTORIA
(opp)
D
D
5.1m
MUIRFIELD
4.9m
OAKMONT
4.7m
HT007
HT003
HT003
HT007
HT007
HT003
HT003
HT007
ROSEDALE (opp)
5.0m
AVONDALE
(op)
5.2m
AVONDALE
(op)
5.2m
OAKMONT
4.7m
D
VICTORIA
(opp)
D
D
5.1m
BURGESS (opp)
5.8m
DVICTORIA(opp)
D
D
5.1m
D
VICTORIA
(opp)
DD
5.1m
AVONDALE
(op)
5.2m
D
VICTORIA
(opp)
D
D
5.1m
OAKMONT
(opp)
4.7m
ROSEDALE
MUIRFIELD
4.9m
AVONDALE
(op)
5.2m
TURNBERRY
(OPP)
6.4m
OAKMONT
4.7m
D
VICTORIA
(opp)
D D
5.1m
MUIRFIELD
4.9m
BURGESS
(opp)
5.8m
1
2
9
8
7
6 5
4
3
11
10
12
13
14
15
16
17
18
19
20
21
22
23
38
39
40 41
42
43 44
45
64
63
62
61
60
387388
389
390
391
392
393
395394
385386
65 67
68
69
70
71
72
73
74
75
54
55
56
57
58
59
52
51
50
49
48
47
37
36
35
34
33
32
31
93
92
91
90
89
88
87
86 84
80
81
82
83
76
77
78
79
127
128
129
134135136
137
138
126
142
143
145
94
95
96
97
98
99
100
101
102103
104105
106
108
110
111
112
113
114
116
117
118
119
120
125
124
123
122
121
133
132
131
130
147
148
154
153
150
151
152
155
156
157
158
159
161
162
163
164
165
166
167
170
169
168
171
172
173
179
174
175
176
177 178
221 220
219
218
217
216
215
214212211
210
209
208
207
206205
201
200
199
198
197
249
247
241
239
240
238
237
236
235
234
233
232
231
230
229
228
227
226 225
224
223
222
301
306
307
308
309
295
297
302 303
304
384 383
338
337
336
339
340
342 343
329
328
321
320
319
318
317
316
315
314
313
312
203
204
327
326
325
324
323322
344
345
346
347
348
349
350
351
352
353
355
354
359
358
357
379 380
381
382
375
376
377
378
360
361
364
365
366
367
368
370
371
372
373
374
289 290
288
287
286
285
283
282
281
279
280
277
278
275
276
273
274
271
269
267
265
263
264
261
262
259
260
257
258
255254253252
181
182
183
185
184
196
195194
192
191
190
189
188
187
186
HT002
HT002
HT002
HT002
HT002
HT002
296
298
299
310
300
311
291
293
292
294
D
D
SUNNINGDALE
D
6.1m
AVONDALE (op)
5.2m
ROSEDALE
MUIRFIELD
4.9m
ERINVALE
(op)
3.5m
BURGESS
(opp)
5.8m
Glencoe
Glencoe
(op)
D
D
SUNNINGDALE
D
6.1m
AVONDALE (op)
5.2m
PINEHURST
4.8m
ROSEDALEKINLOCHKINLOCH (op)
LYTHAM
3.3m
LYTHAM
(opp)
3.3m
OAKMONT
(opp)
4.7m
D VICTORIA
(opp)D
D
5.1m
PINEHURST
(opp)
4.8m
PINEHURST
4.8m
CARRICK
(op)
MUIRFIELD
4.9m
D SUNNINGDALE (opp)
D
D
6.1m
PINEHURST
(opp)
4.8m
PINEHURST
4.8m
LOMOND
(op)
3.3m
LOMOND
3.3m
MUIRFIELD
4.9m
D
D
SUNNINGDALED
6.1m
D
D
SUNNINGDALED
6.1m
OAKMONT
(opp)
4.7m
TURNBERRY (OPP)
6.4m
D
D
SUNNINGDALE
D
6.1m
MUIRFIELD
4.9m
D
D
SUNNINGDALE
D
6.1m
AVONDALE(op)
5.2m
MUIRFIELD
4.9m
OAKMONT
(opp)
4.7m
TURNBERRY
6.4m
AVONDALE
5.2m
ERINVALE
3.5m
AVONDALE
(op)
5.2m
OAKMONT 4.7m
BURGESS
(opp)
5.8m
TURNBERRY
6.4m
ROSEDALE
(opp)
5.0m
ROSEDALE
(opp)
5.0m
MUIRFIELD
4.9m
D
VICTORIA
(opp)
D
D
5.1m
OAKMONT
(opp)
4.7m
ROSEDALE
(opp)
5.0m
LOMOND
3.3m
AVONDALE
5.2m
KINLOCH KINLOCH(op)
OAKMONT
(opp)
4.7m
D
VICTORIA
(opp)
D
D
5.1m
AVONDALE
(op)
5.2m
D
SUNNINGDALE
(opp)
D
D
6.1m
Glencoe
Glencoe
(op)
MUIRFIELD
4.9m
LOMOND
3.3m
KINLOCHKINLOCH (op)
3.3m
3.3m
LOMOND
(op)
3.3m
LOMOND
(op)
3.3m
TURNBERRY 6.4m
MUIRFIELD
4.9m
OAKMONT
4.7m
TURNBERRY
(OPP)
6.4m
AVONDALE
5.2m
AVONDALE
(op)
5.2m
AVONDALE
(op)
5.2m
D
D
SUNNINGDALE D
6.1m
MUIRFIELD
4.9m
LOMOND
3.3m
LOMOND (op)
3.3m
TURNBERRY (OPP)
6.4m
D
D
SUNNINGDALE
D
6.1m
HT002
HT002
HT002
HT002
HT002
HT002
HT002
HT002
HT002
HT002
LOMOND
3.3m
HT002
HT002
HT002
HT002
OAKMONT
4.7m
MUIRFIELD
4.9m
D
VICTORIA
(opp)
D
D
5.1m
BURGESS
(opp)
5.8m
BURGESS
(opp)
5.8m
D
SUNNINGDALE
(opp)
D
D
6.1m
MUIRFIELD
4.9m
D
D
SUNNINGDALE
D
6.1m
LOMOND (op)
3.3m
D
D
SUNNINGDALE
D
6.1m
46
66
85
146
144
107 109
115
149
160
180
193
202
213
242
245
243 244
246
250
248
268
266
272
270
305
341
369
AVONDALE(op)
5.2m
BURGESS
5.8m
MUIRFIELD
4.9m
AVONDALE(op)
5.2m
OAKMONT
(opp)
4.7m
D
VICTORIA
(opp)
D
D
5.1m
251
256
330
331
332
333
334
335
356
362
363
BURGESS (opp)
5.8m
AVONDALE
5.2m
TURNBERRY(OPP)
6.4m
AVONDALE
(op)
5.2m
AVONDALE
5.2m
VICTORIA
D
D
D
5.1m
VICTORIA
D
D
D
5.1m
LOMOND (op)
3.3m
BURGESS (opp)
5.8m
K
I
N
L
O
C
H
K
I
N
L
O
C
H
(
o
p
)
E
R
I
N
V
A
L
E
(op)
K
I
N
L
O
C
H
K
I
N
L
O
C
H
K
I
N
L
O
C
H
(
o
p
)
K
I
N
L
O
C
H
K
I
N
L
O
C
H
(
o
p
)
E
R
I
N
V
A
L
E
(
o
p
)
KINLOCH
KINLOCH
(op)
KINLOCH
(op)
ERINVALE
KINLOCH
KINLOCH
KINLOCH
(op)
ERINVALE
KINLOCH
KINLOCH
KINLOCH
(op)
ERINVALE
VICTORIA
D
D
D
5.1m
MUIRFIELD
4.9m
BURGESS
5.8m
BURGESS
5.8m
AVONDALE
5.2m
K
I
N
L
O
C
H
K
I
N
L
O
C
H
(
o
p
)
E
R
I
N
V
A
L
E
(
o
p
)
K
I
N
L
O
C
H
K
I
N
L
O
C
H
K
I
N
L
O
C
H
(
o
p
)
K
I
N
L
O
C
H
K
I
N
L
O
C
H
(
o
p
)
E
R
I
N
V
A
L
E
(
o
p
)
KINLOCH
KINLOCH(op)
KINLOCH
(op)
ERINVALE
KINLOCH KINLOCH KINLOCH(op)
ERINVALE
OAKMONT
(opp)
4.7m
OAKMONT
4.7m
AVONDALE
5.2m
D
VICTORIA
(opp)
D
D
5.1m
LOMOND
3.3m
AVONDALE
5.2m
OAKMONT
4.7m
LYTHAM
3.3m
PINEHURST(opp)
4.8m
OAKMONT
4.7m
LOMOND
3.3m
D
D
SUNNINGDALE
D
6.1m
ERINVALE
3.5m
VICTORIA
D
D
D
5.1m
BURGESS
5.8m
TURNBERRY
(OPP)
6.4m
LOMOND
3.3m
24
25
26
27
28
29
30
D
D
SUNNINGDALE
D
6.1m
PINEHURST
4.8m
BURGESS
5.8m
LOMOND (op)
3.3m
PINEHURST
4.8m
215m²
158m²
167m²
139m²
166m²
206m²
154m²
173m²
137m²
142m²
141m²
169m²
141m²
133m²
171m²
193m²
126m²
126m²
201m²
141m²
174m²
141m²
201m²
138m²
141m²
130m²
135m²
163m²
254m²
159m²
178m²
146m²
156m²
234m²
173m²
218m²
156m²
149m²
135m²
135m²
155m²
149m²210m²
167m²
163m²
151m²
131m²
156m²
130m²
53
82m²
78m²
76m²
80m²
79m²
80m²
76m²
73m²
76m²
76m²
72m²
73m²
85m²
90m²
88m²
83m²87m²
77m²73m²
71m²
74m²
75m²
72m²
79m²
75m²
163m²
130m²
172m²
150m²
142m²
150m²
150m²
152m²
159m²
204m²
131m²
140m²
169m²
130m²
210m²
138m²
146m²
158m²152m²
135m²
278m²
175m²
232m²
132m²
147m²
130m²130m²139m²
138m²
138m²
145m²
140m²
180m²
171m²
206m²
171m²
156m²
116m²
118m²
151m²
163m²
165m²
188m²
148m²
134m²
135m²
145m²
241m²
149m²
139m²
178m²
168m²
229m²
228m²
185m²
250m²
181m²
130m²
190m²
130m² 142m²
146m²
130m²
156m²
130m²
161m² 166m²
155m²
150m²
133m²
137m²
147m²
132m²
148m²
140m²
165m² 176m² 185m² 149m² 142m²
233m²
151m²
179m²
119m²
139m²
185m²
140m²
131m²
170m²
144m²
247m²
164m²103m²
171m²
153m²
150m²
168m²
107m²105m²
170m²160m²
210m²
147m²
159m²
158m²
176m²
131m²
121m²
130m²
191m²
240m²
156m²
128m²
230m²
172m²
168m²
271m²
149m²
159m²148m²
153m²
184m²
146m²164m²
186m²
185m²
154m²
206m²
169m²
207m²
237m²
179m²
156m²
165m²
153m²
184m²
315m²
92m²
86m²
165m²
178m²
178m²
159m²
180m²
148m²
178m²
139m²
159m²
155m²
113m²
222m²
216m²
182m²
186m² 212m² 168m²
241m²
258m²
206m²
154m²
143m²
142m²
143m²
144m²
257m²
171m²
193m²
152m²
172m²
207m²
291m²
168m²
273m²
192m²
206m²
149m²
187m²
154m²
179m²
159m²
158m²
167m²
175m²
139m²
141m²
146m²
145m²
152m²
158m²
138m²
136m²
193m²
192m²
157m²
155m²
179m²
154m²
149m²
193m²
154m²
171m²
139m²
C
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A A
A
A
A
A
A
A
A
A
A A A
A
A
A
A
A A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
B
B
B
B
B
B
B
B
B
B
B
B
B
B
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
B
B
B
B
C
C
C
C
B
B
B
B
B
B
B
B
CC
C
C
C
C
C
B B
B
B
C
C
C
C
C
C
C
C
C
C
C
B
B
B
B
B
C
C
C
C
C
C
C
C
B
B
B
B
B
B
B
C
C
C
C
C
C
C
B
B
B
B
B
B
C
C C
C
B
B
B
B
C
C
C
C
C
C
C
B
B
B
B
B
B B
B B B
C
C
C
C
B
B
B
C
C
C
C
C
CC
C
B
B B
B
B
B
B
B
B
B
B
B
B
C
C
C
C
C
C
C
C
C
C
C
B
B
B
B
B
B
C
C
C
C
C
C
C
C
C
C
C
B
B
B
B
B
B
B
B
B
B
B
B
BB
C
C
C
C
C
CC
B
B
BB
B
B
B
B
C
C
C
C
C
C
C
C
C
B
B
B
B
B
B
B
240m²
174m²142m²
119m²
162m²
130m²186m²
169m²
196m²
195m²
189m²
DSUNNINGDALE(opp)
D
D
6.1m
225m²
173m²
150m²
213m²
185m²
133m²225m²
140m²
222m²
CARRICK
5.9m
CARRICK
5.9m
CARRICK
5.9m
D
SUNNINGDALE
(opp)
D
D
6.1m
MUIRFIELD
(opp)
4.9m
MUIRFIELD(opp)
4.9m
MUIRFIELD
(opp)
4.9m
MUIRFIELD (opp)
4.9m
MUIRFIELD
(opp)
4.9m
MUIRFIELD
(opp)
4.9m
MUIRFIELD (opp)
4.9m
MUIRFIELD
(opp)
4.9m
MUIRFIELD (opp)
4.9m
Proposed
New
School
Not part of
application
Proposed
New
School
Not part of
application
*
*
*
*
*
*
*
*
*
*
*
*
**
*
*
*
284
PINEHURST
4.8m
KINLOCH
KINLOCH
(op)
ERINVALE
KINLOCH
KINLOCH
(op)
AVONDALE
5.2m
MUIRFIELD
(opp)
4.9m
BURGESS
5.8m
Scale Date
Project
Drawing
Drawn By
Drawing No
Date
AMENDMENTS
Issue Detail
Bellway Homes Limited
6 Almondvale Business Park
Almondvale Way
Livingston
West Lothian
EH54 6GA
Tel: 01506 594420
Bothwell House
Hamilton Business Park
Caird Street
Hamilton
ML3 OQA
Tel: 01698 477440
SCOTLAND WEST SCOTLAND EAST
M
23/09/191:1000@A0
RESIDENTIAL
DEVELOPMENT
AUCHENDINNY
MIDLOTHIAN
PROPOSED DEVELOPMENT
LAYOUT
HH
AUCH/SK/004
N
AM
PM
Bellway Development Boundary
Affordable Housing
Shared Driveway
I Nov 22 Enhanced areas redline changed to
blue
J Nov 22 Additional colouring and
pathways/driveways updated
STONE WORK:(Basecourses ONLY) Thistlestone Buff Black Dressed Stone
PRECAST: Buff
RENDER (full height): White Wet Dash Render
ROOF TILE: Cupa H14 Natural Slate
DOOR COLOUR: White
WINDOW COLOUR: White
RAINWATER GOODS: Black
FASCIAS / SOFFIT: White (P.V.C.U)
STONE WORK: Thistlestone Buff Black Dressed Stone
PRECAST: Buff
RENDER PANELS: Tuscan Chip on Magnolia Background
ROOF TILE: Russell Highland Slate Grey
DOOR COLOUR: White
WINDOW COLOUR: White
RAINWATER GOODS: Black
FASCIAS / SOFFIT: White (P.V.C.U)
STONE WORK: Thistlestone Buff Black Dressed Stone
PRECAST: Buff
RENDER PANELS: Iceberg White Chip on White Background
ROOF TILE: Russell Highland Slate Grey
DOOR COLOUR: White
WINDOW COLOUR: White
RAINWATER GOODS: Black
FASCIAS / SOFFIT: White (P.V.C.U)
BELWAY HOUSE MATERIAL CODING KEY
A
B
C
areas of improved quality (85no. units)
NOTES :-
All Properties to be a minimum of 1
Meter away from Boundaries.
All footpaths minimum 900mm wide.
Common footpaths to be min 1200mm
wide.
Driveways to be minimum 3.3m wide.
Groundworker to ASK if in doubt
All landscaping shown for information
only. Refer DWA Landscapes current
drawings for up to date information.
Any retention, levels or surface
finishes information is shown for
information only, Refer to Mike
Gemmell Associates current drawings
for current Engineering designs.
Approximate garden sizes for guidance
only. These may vary slightly,
depending on site specific conditions.
1:1000
0m 10m 20m 30m 40m 50m
1800mm Timber Boundary Fence
1800mm Fence with Stone Piers
1800mm Anstone wall
Plot with Activated Gable
M Dec 22 Plots 1, 2, 3, 8 & 9 remixed.
Minor changes to suit Planning
*
L Nov 22 Updated for Planning Application
Page 165 of 166

Page 166

Page 166 of 166