Agenda Document Pack - Planning Committee - 31/10/2023

Midlothian Council · 31 October 2023
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Notice of Meeting and Agenda 
Planning Committee 
Venue:  Council Chambers/Hybrid, 
Midlothian House, Dalkeith, EH22 1DN 
Date:  Tuesday, 31 October 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 
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1          Welcome, Introductions and Apologies   
2          Order of Business 
Including notice of new business submitted as urgent for consideration at the
end of the meeting. 
3          Declaration of Interest 
Members should declare any financial and non-financial interests they have in
the items of business for consideration, identifying the relevant agenda item and
the nature of their interest. 
4          Minute of Previous Meeting 
Minute of Planning Meeting of 12 September 2023 submitted for
approval
3 - 10 
5          Public Reports
5.1 MLDP Engagement/Elected Member Workshops and MLDP2
Timetable
11 - 14
5.2 2023 Housing Land Audit – 908 units built in 2022/23 15 - 72
5.3 Siting of unauthorised advertisement on land adjacent A68 and
A720 City Bypass
73 - 80
5.4 2300465S42 – Amendment to conditions associated with the
access arrangements at land at Calderstones, Biggar Road, Hillend
81 - 98
5.5 2300521S42 – Amendment to condition related to the temporary
storage of soils at Site F, Shawfair
99 - 110
5.6 2300289DPP – Erection of care home and retail unit at land at
Greenlaw Mains, Mauricewood Road, Penicuik
111 - 148 
6          Private Reports 
7          Date of Next Meeting 
The next meeting will be held on Tuesday 28 November at 1:00pm. 
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Minute of Meeting 
Planning Committee 
Date Time Venue
Tuesday, 12 September 2023 13:00 Council Chambers,
Midlothian House   
Present: 
Councillor Imrie (Chair) Councillor McEwan
Councillor McCall Councillor McManus
Councillor Parry Councillor Winchester
Councillor Milligan Councillor Virgo
Councillor Alexander Councillor McKenzie
Councillor Pottinger Councillor Russell
Councillor Cassidy Councillor Curran
Councillor Scott Councillor Bowen
Councillor Drummond 
In Attendance: 
William Venters Principal Solicitor 
Derek Oliver Chief Officer Place
Peter Arnsdorf Planning, Sustainable Growth and Investment Manager
Gary Leadbetter Democratic Services Officer
Linda Melville Member Support 
Planning Committee
Tuesday 31 October 2023
Item No: 4.1 
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1. Apologies
Apologies for absence were received from Councillor Smaill. 
2. Order of Business
The order of business was as set out in the Agenda with the exception of Item
5.4 which was withdrawn prior to the meeting.
3. Declarations of interest 
Councillor Scott and McEwan declared an interest on Item 5.2. 
4. Minutes of Previous Meetings 
The minute of the meeting of Tuesday, 16 May 2023 was submitted and
approved as a correct record. 
5. Reports 
Agenda No Report Title Submitted by:
5.1 Land Adjacent A68 and A720 City Bypass –
Advertisement Prosecution Report and Plans
Chief Officer, Place
Outline of Report and Summary of Discussion
Planning, Sustainable Growth and Investment Manager, Peter Arnsdorf introduced
the report. This report relates to the display of an unauthorised hoarding
advertisement on land within the designated greenbelt adjoining the A68/A720 (on)
slip road. The displaying of an advertisement that requires express consent without
such consent is an offence. 
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 displayed an advertisement without expressed
consent, pursuant to Section 186 of the Town and Country Planning (Scotland) Act
1997 (by the Planning etc. (Scotland) Act 2006 and the Planning (Scotland) Act
2019). The maximum penalty on successful prosecution is a fine of up to £5,000
per offence plus £500 per day for a continuing offence after conviction. 
The Chair, Councillor Imrie, thanked Mr Arnsdorf for the report and opened it up to
questions. 
Decision
The Planning Committee agreed to instruct the Planning, Sustainable Growth and
Investment Manager to refer the case to the Crown Office and Procurator Fiscal
Service for consideration of prosecutorial action.
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Action
The Planning, Sustainable Growth and Investment Manager 
Agenda No Report Title Submitted by:
5.2 10 Kirkhill Terrace, Gorebridge – Enforcement
Notice Prosecution Report and Appendices
Chief Officer, Place
Outline of Report and Summary of Discussion
Given their declarations of interest, Councillors McEwan and Scott left the Planning
Committee meeting for this Item. 
The Planning, Sustainable Growth and Investment Manager, Peter Arnsdorf
introduced the report. 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 (by the
Planning etc. (Scotland) Act 2006 and the Planning (Scotland) Act 2019), with
regard the erection of a dwellinghouse at 10 Kirkhill Terrace, Gorebridge. 
The enforcement notice required the alteration of an erected dwellinghouse to
accord with a grant of planning permission, ref: 21/00833/DPP (option 1), or the
demolition of the unauthorised erected dwellinghouse and the removal of the
dismantled materials from the site (option 2). None of these steps have been taken,
either by the enforcement notice compliance date of 20 April 2023 (option 1) or 20
June 2023 (option 2) or to date (at the time of drafting this report). Non-compliance
with an enforcement notice constitutes an offence. 
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 (COPFS) 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. 
The Chair, Councillor Imrie, thanked Mr Arnsdorf for the report and opened it up to
questions. 
Councillor Cassidy noted that this is a serious and difficult matter and put forward a
motion that, before any decision is taken, the Local Review Body (LRB) visit, which
did not occur, should be revisited. No seconder was identified, upon the question
being posed by the Chair. 
On a point of clarification Principal Solicitor, William Venters, explained that the
decision before the Planning Committee is whether to instruct that the matter to be
referred to the COPFS for consideration to be given to prosecutorial action, it does
not regard taking enforcement action to demolish the property.
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Councillor Virgo sought clarity on whether the matter could be referred back to the
LRB, recognising that due to Covid-19 restrictions there may have been issues with
how it was reviewed. Mr Arnsdorf noted that the matter had been referred to the
LRB, which was considered in September 2020 during a Covid-19 lockdown. Mr
Arnsdorf noted that, in place of a site visit, the LRB was shown visuals, as per the
correct guidance and procedures at the time. Mr Arnsdorf further explained that the
applicant had a three month window to refer the matter to judicial review, if they
believed the correct procedures had not been followed. They did not exercise this
right and so the LRB decision stands and may not be reopened.
Decision
The Planning Committee agreed to instruct the Planning, Sustainable Growth and
Investment Manager to refer the case to the Crown Office and Procurator Fiscal
Service for consideration of prosecutorial action.
Action
The Planning, Sustainable Growth and Investment Manager 
Councillors McEwan and Scott returned to the Planning Committee meeting. 
Agenda No Report Title Submitted by:
5.3 Site Ec3 West Straiton Committee Report and
Plan
Chief Officer, Place
Outline of Report and Summary of Discussion
The Planning, Sustainable Growth and Investment Manager, Peter Arnsdorf
introduced the report. The purpose of this report is to advise the Committee of the
submission of a Proposal of Application Notice (PAN) and corresponding pre-
application consultation for a mixed-use development including business and
employment uses (Class 4, 5 and 6), residential (Class 9 and sui generis flatted
accommodation); neighbourhood centre including shops, financial, professional and
other services (Class 1A), food and drink (Class 3), assembly and leisure (Class
11); together with other related infrastructure including park and ride, associated
works including car parking, servicing, access arrangements, landscaping and
public realm at West Straiton, Loanhead (part of site Ec3 and land to the west of
Ec3). 
The pre application consultation is reported to Committee to enable Councillors to
express a provisional view on the proposed major development. The report outlines
the proposal, identifies the key development plan policies and material
considerations and states a provisional without prejudice planning view regarding
the principle of development. 
It is recommended that the Committee notes: 
a) the provisional planning position set out in this report;
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b) that any comments made by Members will form part of the minute of the
Committee meeting; and
c) that the expression of a provisional view does not fetter the Committee in its
consideration of any subsequent formal planning application. 
The Chair, Councillor Imrie, thanked Mr Arnsdorf for the report and opened it up to
questions. 
Councillor Curran stated that, for any application submitted that it would be helpful
to know whether there are plans to disrupt the local road network and what the
applicant proposes to mitigate this. Mr Arnsdorf agreed to take this action forward
for future applications. 
Councillor Curran requested that in relation to temporary traffic regulation orders
(TTRO) a report is returned to the Committee which allows formal democratic input,
particularly for major applications where there may be long-term disruption to local
road networks. It was agreed officers will take this action away (Derek Oliver will
pick this matter up). 
Councillor Alexander requested that it is ensured, in relation to new developments
which do not occur immediately, that conditions placed are followed through as
technology progresses so that old technology is not in place in new developments
which may impact the Council in the long-term. The Chair noted that applicants
have three years to begin the development which has implications on the
conditions placed, in terms of barring renegotiation of conditions within that time. 
Mr Arnsdorf explained that planning applications and associated discharge
conditions are assessed against the most up-to-date policy position at the time of
assessment. Once a determination is made, the applicant has 3 years for
implementation, in which conditions may not be changed. 
Elected Members raised concerns in relation to essential infrastructure to support
the development, with regards to traffic, GP surgeries, schools, etc. Discussion took
place on the need to use essential infrastructure as a marker in relation to large
developments, to ensure that it exists and is able to support residential
developments, which was noted and taken by Mr Arnsdorf. Some further discussion
took place in relation to the infrastructure-first principle. 
In relation to a query from Councillor Scott regarding the accuracy of current ratios
used for education infrastructure, and whether research has or could take place in
relation to this, the Chair noted that this should be referred to the Executive Director
of Education and Children’s Services as this matter falls within their remit. 
In response to a question from Councillor Virgo on the prematurity of considering
infrastructure-first in the pre-application stage, Mr Arnsdorf noted that the National
Planning Framework 4 sets out the policy position towards moving to infrastructure-
first but there is a question on how it is funded and by who. Mr Arnsdorf stated that
the key concern, from the Council’s perspective, is to ensure that infrastructure is
delivered that meets the demands of local communities, so this may arise in early
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or late phases. Mr Arnsdorf noted that the need to consider infrastructure is
becoming increasingly important and entails a higher priority in regard to these
matters.
Decision
The Planning Committee noted: 
a) the provisional planning position set out in this report;
b) that any comments made by Members will form part of the minute of the
Committee meeting; and
c) that the expression of a provisional view does not fetter the Committee in its
consideration of any subsequent formal planning application. 
The Planning Committee further requested that: 
1. Inclusion of any disruption to local road networks and the applicant’s
proposed mitigations in future applications submitted.
2. Return TTRO reports to elected members for consideration.
Action
The Planning, Sustainable Growth and Investment Manager. 
Agenda No Report Title Submitted by:
5.5 Land 100m South of Glenarch Lodge, Melville
Road, Dalkeith Committee Report and Plans
Chief Officer, Place
Outline of Report and Summary of Discussion
The Planning, Sustainable Growth and Investment Manager, Peter Arnsdorf
introduced the report. The application is for the erection of three dwellinghouses,
formation of access and car parking and associated works at land 100m south of
Glenarch Lodge, Melville Road, Dalkeith. 
There have been two representations and consultation responses from Scottish
Water, the Coal Authority, Network Rail, the Eskbank and Newbattle Community
Council, the Council’s Ecological Advisor (TWIC), the Council’s Senior Manager
Neighbourhood Services (Roads), the Council’s Senior Manager Protective
Services and the Council’s Education Executive Business Manager. 
The relevant development plan policies are policies 1, 2, 3, 4, 5, 6, 7, 9, 11, 12, 13,
14, 15, 16, 18, 19, 20, 21, 22, 23 and 24 of the National Planning Framework 4
(NPF4) and policies STRAT2, DEV2, DEV5, DEV6, DEV7, TRAN5, IT1, ENV7,
ENV11, ENV15, ENV16, ENV18, ENV19, IMP1, IMP2 and IMP3 of the Midlothian
Local Development Plan 2017 (MLDP). 
The recommendation is to refuse planning permission for reasons 1 to 3: 
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1. As a result of the proposed loss of trees and ground levelling works required
to accommodate the access and visibility splays the development will have a
significant detrimental impact on the local landscape and character and
appearance of the surrounding area, contrary to policies DEV2, DEV6,
DEV7, ENV7 and ENV11 of the Midlothian Local Development Plan and the
aims of National Planning Framework 4.
2. The proposed development will result in the significant loss of trees and
woodland which will result in the degrading of the landscape buffer and
resultant definition of the settlement edge in this area, to the detriment of the
character and appearance of the conservation area and local landscape,
contrary to the aims of policies ENV7 and ENV11 of the Midlothian Local
Development Plan and the aims of National Planning Framework 4.
3. The proposed access and associated works will result in a significant
adverse impact on road safety which will be to the detriment of the safety of
road users. 
Mr Arnsdorf noted that the applicant had now committed to make the required
develop contributions if planning permission is granted, as such refusal reason
number 4 is no longer recommended. Refusal reason number 4 was as follows: 
4. By not meeting the required developer contribution requirements the
proposed development does not mitigate its impact on local infrastructure
and the environment and as such does not accord with Midlothian Local
Development Plan Policies IMP1 and IMP2. 
The Chair, Councillor Imrie, thanked Mr Arnsdorf for the report and opened it up to
questions. 
Councillor Parry raised a question in relation to 5.4 in the report where it states the
Coal Authority “recommend permitted development rights be removed relating to
extensions and outbuilding in the area around mine shaft zones of influence.” Ms
Parry queried whether, if the planning permission is refused, this can become a
condition. Mr Arnsdorf noted that if the recommendation of refusal is approved then
there is no requirement to consider this matter. 
Some discussion took place on what the land might be used for and conditions that
may be imposed for any prospective development in respect of the land, with it
noted that there was an opportunity to improve the land from its current state. 
In a point raised by Councillor McEwan regarding the suitability of the contemporary
design of the dwellinghouses for the Conversation Area, Mr Arnsdorf noted that
members signalled approval of a contemporary design of a similar style on this site
in a 2017 LRB. Given this, officer felt this decision had already been determined. In
response to a further query by Councillor McEwan on whether this was setting
precedent, Mr Arnsdorf noted that designs need not necessarily be of a traditional
or older-style to be considered acceptable. 
Councillor Curran raised a concern around road safety, entry points and visibility
and noted that speed measures should be installed. Councillor McKenzie further
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raised concerns around road safety and entry/access points. Mr Arnsdorf noted the
concerns and explained that if the Planning Committee were minded to grant
planning permission it may be appropriate to request that the applicant undertake a
Road Safety Audit to determine the safest access points and what safety measures
or speed restrictions should be put in place to ensure safety. 
The Chair noted that there are two conditions in mind, if planning permission is
granted:
1. A Landscape Plan.
2. Road Safety Audit. 
The Chair moved to grant planning permission, with the two conditions as
mentioned. Councillor Curran seconded.
Decision
The Planning Committee approved the planning permission, subject to the
addition of two conditions being imposed, namely a Landscape Plan and Road
Safety Audit.
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, 31 October 2023. 
The meeting terminated at 13:59.
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PLANNING COMMITTEE 
TUESDAY 31 OCTOBER 2023
ITEM NO 
ELECTED MEMBER WORKSHOPS ON MIDLOTHIAN LOCAL
DEVELOPMENT PLAN 2 ENGAGEMENT AND UPDATED MIDLOTHIAN
LOCAL DEVELOPMENT PLAN 2 TIMETABLE 
Report by Chief Officer Place       
1 PURPOSE OF REPORT 
1.1 The purpose of this report is to set out the dates for the upcoming
elected member workshops on the Midlothian Local Development Plan
2 (MLDP2) and to provide an updated MLDP2 timetable.   
2 BACKGROUND 
2.1 At its meeting of 28 February 2023 the Committee considered a report
on the National Planning Framework No.4 (NPF4) and formally
launched its review of its local development plan.  At its meeting of 16
May 2023 the Committee considered a report on the MLDP2 work
streams and also approved an Engagement Plan. 
2.2 Since March 2023 the Planning Service has been undertaking a wide
reaching engagement programme which has included (but not limited
to):
• Holding in-person drop-in events in the community;
• Local Place Plan/Community Council engagement sessions;
• Key agency meetings;
• Internal officer/service meetings;
• Online questionnaires for volunteer and community groups,
landowners and developers and key agencies;
• Meeting specialist groups such as the Gypsy/Traveller Forum and
the Disabled Group Forum;
• In-person sessions with young people held at high schools, primary
schools and youth clubs;
• In-person sessions with business representatives – Mid and East
Lothian Chamber of Commerce, Midlothian Tourist Forum,
Midlothian Science Zone, Midlothian Energy Ltd and Scottish
Enterprise; and
• Developer/house-builder meetings. 
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3 ELECTED MEMBER WORKSHOPS 
3.1 As part of the engagement on MLDP2, it has previously been agreed
that workshops with elected members be arranged.  The purpose of
these workshops is to inform elected members of the implications of
NPF4 for Midlothian, to start capturing elected members ambitions and
ideas for MLDP2 and to provide feedback on wider community
engagement. 
3.2 The first set of workshops were held in May 2023 and the next
workshops are scheduled for November 2023 (invites have been
issued).  To maximise the opportunity for engagement with elected
members, two sessions, split on a ward basis, are being held.  The
November set of workshops are being held at 2.00pm on 14 November
2023 for Midlothian West, Midlothian South and Penicuik Ward elected
members and 2.00pm on 22 November 2023 for Dalkeith, Midlothian
East and Bonnyrigg Ward elected members. 
3.3 Further elected member workshops will be arranged in 2024 and 2025
as the MLDP2 process progresses from evidence gathering to the
preparation of a draft plan (site selections and policy formulation). 
4 MIDLOTHIAN LOCAL DEVELOPMENT PLAN 2 TIMESCALES 
4.1 The below table sets out the latest indicative timescale for the
production of the MLDP2. 
Indicative Timescale for Production of MLDP2 
Key Stage  Approval
Body
Timescale
1 Formal commencement of MLDP2 (MLDP2
has commenced)
Planning
Committee
February
2023
2 Invitations to community groups to prepare
Local Place Plans (LPPs) (invitations
issued)
Planning
Committee
March 2023
3 Widespread engagement to inform
production of the MLDP2 Evidence Report
(engagement underway)
Planning
Committee
2023
4 Position update – update on engagement
and key issues
Planning
Committee
November
2023
5 Consideration of draft Local Place Plans
submitted
Planning
Committee
January
2024
6 Consideration of MLDP2 Evidence Report
for submission to Scottish Ministers “Gate
Check” ahead of Full Council
Planning
Committee
14 March
2024
7 Approval of MLDP2 Evidence Report for
submission to Scottish Ministers “Gate
Check”
Full Council 29 March
2024
8 Consideration of finalised Local Place Plans Planning
Committee
April 2024
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9 Reporting the results of/feedback from
Scottish Ministers “Gate Check” of the
MLDP2 Evidence Report
Planning
Committee 
From May
2024
10 Approval of MLDP2 Proposed Plan for
publication for representations (a 12 week
formal consultation period)
Full Council March/April
2025
11 Approval of the MLDP2 Draft Delivery
Programme for publication 
Full Council March/April
2025
12 Approval of MLDP2 Proposed Plan for
submission to Scottish Ministers – this may
include a Modification Report making
changes to the Proposed Plan following
representations received
Full Council December
2025
13 Examination into unresolved issues from
representations received on MLDP2
Proposed Plan
N/A From March
2026
14 Report of Examination Received from the
Reporter from the Directorate for Planning
and Environmental Appeals (DPEA)
appointed by Scottish Ministers
N/A September
2026
15 Adoption of MLDP2 Full Council  December
2026
16 Adoption of MLDP2 Delivery Programme Planning
Committee
March 2027 
5 RECOMMENDATIONS 
5.1 It is recommended that the Committee note the details of the November
elected member workshops and the updated indicative timescale for the
production of MLDP2. 
Peter Arnsdorf
Planning, Sustainable Growth and Investment Manager 
Date:   20 October 2023
Contact Person:  Grant Ballantine, Lead Officer Conservation and
Environment, grant.ballantine@midlothian.gov.uk
Background Paper: The 16 May 2023 and 28 February 2023 Committee
reports on NPF4 and MLDP2. 
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PLANNING COMMITTEE
TUESDAY 31 OCTOBER 2023
ITEM NO 
HOUSING LAND AUDIT 2023
Report by Chief Officer Place
1 PURPOSE OF REPORT
1.1 The purpose of this report is to present the 2023 Housing Land Audit
(HLA) and to update the Committee on the state of the housing land
supply in Midlothian.  
2 BACKGROUND
2.1 Maintaining the supply of land for housing is one of the most
challenging tasks for the planning system, particularly so in Midlothian,
which is Scotland’s fastest growing local authority area in population
percentage terms.  The first findings of the 2022 Census for instance
found that Midlothian’s population increased by 16.1% between 2011
and 2022 (compared to a corresponding Scotland-wide figure of 2.7%).
By 2036, National Records of Scotland (NRS) project that the
population of Midlothian will grow by a further 14.2%, from 98,600
(Sept 2023) to 112,700 (using 2018-based population projections). 
However, based on the 2023 HLA and Midlothian’s housing targets
(see the MATHLR figures set out later in this report) the 2023 to 2036
population increase is potentially going to be 27%, from 98,600 to
125,300 – the difference in the methods of calculation (+12,600)
having a significant impact of service provision and infrastructure. 
There is currently approximately 43,263 households in Midlothian and
by 2036 this will increase to between 50,013 and 56,186, an increase
of between 15.6% and 29.9%.
2.2 Midlothian Council prepares an annual HLA which is the established
means of monitoring Midlothian’s housing land supply.  It is used to
inform service and infrastructure providers such as the NHS and
Scottish Water about forthcoming development sites, and it assists in
the Council’s own forward planning for facilities such as the provision
of schools.  It is important for the good planning of the area to maintain
the supply of land and to avoid ‘planning by appeal’.  This is where
land not allocated for housing in the current or past development plans
could be consented for that purpose in the event of a shortage of
supply.
2.3 The 2022/23 Audit year saw major changes to the context in which
HLAs are produced.  National Planning Framework 4 (NPF4) was
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adopted in February 2023, the Town and Country Planning
(Development Planning) (Scotland) Regulations 2023 came into force
in May 2023 and the associated guidance on the regulations was
published shortly thereafter.  This new regulatory framework has
triggered changes to the content of the 2023 HLA and will likely also do
so in future when additional guidance on HLAs is finalised.
2.4 The HLA indicates how many houses are built each year and how
much stock remains to be built (from site allocations in the
development plan and planning permissions granted).  This total stock
is known as the ‘Established Supply’ – it is further broken into the
‘Effective Supply’ (sites which are currently free from impediments to
their development or that will become free of them) and ‘Constrained
sites’ (where there are obstacles, such as land ownership disputes,
ground contamination or access restrictions preventing their
development).  
2.5 The programming, or number of units that will be built in future years,
in the HLA is agreed with Homes for Scotland (HfS), the umbrella
organisation that represents the house building industry, who consult
their members on their intentions for build out rates.  Other data such
as past completions trends, site layouts, and the status of both
planning and building warrant applications are also used to estimate
programming.  It should be noted that the purpose of the HLA is not to
‘control’ the rate of delivery of homes, but rather to report on a most
likely scenario for it.  Where there is a dispute between the Council and
HfS about a site’s status this will be clearly indicated in the HLA - there
are no disputed sites in the 2023 HLA.
Findings of Housing Land Audit 2023. 
2.6 A copy of the 2023 HLA is attached as Appendix A.  Its ‘Summary’
schedule identifies a remaining established supply of 11,799 units as
of 31 March 2023.  This is the sum of the remaining capacity of all sites
known to Midlothian Council, whether allocated through development
plans or granted planning permission.  Of these, 11,052 units are
effective and 747 are constrained.  Further commentary on the general
status of the housing land supply is provided in the Audit’s ‘Housing
Supply Commentary’ section and plans showing the sites are attached
as Appendix B.
Demand for Housing. 
2.7 NPF4 contains a Minimum All Tenure Housing Land Requirement
(MATHLR) for each planning authority.  For Midlothian, the MATHLR
housing figure is 8,850 units over the 10 year period that the Midlothian
Local Development Plan 2 (MLDP2) (2026 - 2036) will plan ahead for.
This is equivalent to 885 units a year.  NPF4 requires local planning
authorities to set a Local Housing Land Requirement (LHLR) which
must exceed the MATHLR.  The Evidence Report, now under
preparation, will set out Midlothian Council’s view on the appropriate
level of the LHLR.  The reasoning and evidence base behind this
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decision will be subject to external review through the Directorate of
Planning and Environmental Appeal’s (DPEA) ‘gatecheck’ process. 
2.8 The NPF4 figures are based on demand from 2022 to 2036, but
annualised and converted into a ten year requirement, so these can be
used by any development plan adopted between now and 2026. 
Existing housing allocations will be able to meet much of the MATHLR
requirement.  On the basis of programming in the 2023 HLA, by April
2026 there will be a remaining effective supply of 8,524 houses.  
Safeguarded Sites identified in the development plan could provide
further supply of 600 units (bringing the total up to 9,124 units) – the
comments in the Safeguarded Sites table in the Audit provides further
information about likely phasing.  A future stream of windfall sites (sites
not currently known about and not identified in the plan) could provide
a further 710 units over 10 years if the windfall build rates in the last
decade are maintained – this would bring the total of potential units to
9,834, exceeding the MATHLR figure of 8,850 units, although this is
dependent on Safeguarded Sites being delivered during the life of
MLDP2 and windfall sites coming forward as anticipated.  If existing
sites are de-allocated or become constrained this will also reduce the
potential supply.  Existing allocations, especially those sites which do
not have planning permission, will be subject to review as part of the
MLDP2 process using the current NPF4 policy framework and the
latest information about the sites.
2.9 It should be emphasised that the MATHLR is an All-Tenure
requirement.  MLDP2 will have to address demands for affordable,
specialist and wheelchair accessible housing through site allocations
and policy in MLDP2.  Midlothian Council may consider a number of
approaches in MLDP2 to meet the affordable demand, including
consideration of a higher affordable housing requirement (currently
25% in the MLDP), and the allocation of sites specifically for
social/specialist housing, continuing to deliver its own housing
programme.
2.10  The MATHLR (housing target) is based on 2018 Population and
Housing Estimates from NRS which gives a 10 year household
projection for Midlothian of 5,950 households.  To this is added the
outstanding need identified at 1,114 units (this brings the total to 7,064
units).  To this figure a 25% generosity allowance is added (1,766
units), bringing the total to 8,830 units – the Scottish Government then
rounds this figure to the nearest 50 resulting in a Midlothian MATHLR
target of 8,850. 
2.11 The 8,850 target is higher than real demand and takes no account of
traditional planning factors such as availability of infrastructure or
environmental constraints.  The 2023 HLA indicates that completions
have exceeded 900 per year for the first time.  This suggests that
development on the scale set out in the MATHLR is achievable
(subject to market factors).
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3 RECOMMENDATIONS
3.1 It is recommended that the Committee:
a) Note the 2023 Housing Land Audit for Midlothian and agree to its
publication.
Peter Arnsdorf
Planning, Sustainable Growth and Investment Manager
Date: 20 October 2023
Contact Persons:  Richard Lamond, Research and Information Officer
richard.lamond@midlothian.gov.uk
Colin Davidson, Planning Officer;
colin.davidson2@midlothian.gov.uk
Background Papers:  NPF4 Update, MLDP2 Launch and DPS15 Report
and Appendices, presented to the Committee on
28th February 2023.
Attached Documents:  Appendix A: Midlothian Council Housing Land Audit
2023. 
Appendix B: Plans of housing sites.
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Page 19

Midlothian Local Development Plan
2gfbdgfd
Midlothian Council
Housing Land Audit 2023
Appendix A
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Page 20

Contents 
1 – Audit Overview .............................................................................................................................. 2
1.1 - Introduction ............................................................................................................................. 2
1.2 – Abbreviations .......................................................................................................................... 4
1.3 – Planning Policy Context ........................................................................................................... 5
1.4 – Methodology ........................................................................................................................... 6
2 - Housing Supply Commentary ......................................................................................................... 9
2.1 – Summary of Supply and Sites .................................................................................................. 9
2.2 – Sites Entering and Exiting the Audit’s Main Schedule ............................................................. 12
2.3 – Constrained Sites .................................................................................................................. 14
2.4 – Completions and Demolitions ................................................................................................ 14
3 – Property Market Summary ........................................................................................................... 18
4 – Sources of Further Information ..................................................................................................... 20 
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1 – Audit Overview
1.1 - Introduction
1.1.1 The Housing Land Audit (HLA) is the established means of monitoring Midlothian’s housing land
supply. Audits are undertaken annually (based on the financial year of the 1st of April to the 31st March)
and establish the availability of housing land at that time and into the future. The Audit also indicates the
progress of sites through the planning process and gives information on housing completions. It is
produced in consultation with Homes for Scotland (HfS), the umbrella organisation that represents the
house building industry, as well as other interested parties.
1.1.2 HLA 2023 is an assessment of the housing land supply in Midlothian at the 31st of March 2023. It
comprises the following seven schedules. Obtaining a complete view of the housing land picture and
future housing growth in Midlothian requires consideration of them all.
• Summary – an overview of the supply situation;
• Main Schedule – information on and indicative programming for effective sites in the supply;
• Completions & Demolitions – numbers of both market and affordable housing units completed in
2022/23, where those completions were, and the number of demolitions across Midlothian;
• Constrained Sites – sites which are not effective and have obstacles preventing their development;
• Safeguarded Sites – sites associated with housing allocations which have potential for further
expansion in the medium to longer term and which could be brought forward through the next
development plan, if required;
• Site Notes – additional information on sites, including their planning application and building warrant
references; and
• Pending Large Windfall Applications1 – details of outstanding housing applications of four or more
units for non-allocated sites.
1.1.3 The schedules include all new housing development, redevelopment, conversion and sub-division
consisting of four or more units. Refurbishment of existing housing stock is excluded. Small sites (of three
units or less) are shown as an aggregation for each settlement and are combined with allocated and
windfall sites to provide a summary of the housing situation for each settlement in Midlothian. These in
turn are aggregated to the Housing Market Area (HMA) level. There are two HMAs in Midlothian and their
boundaries and the settlements they contain are shown in figure 1 on the next page. A map of the sites
within the Audit is included at the back of this document and an online version with interactive site
information is also available online - Housing Land Audit online map.
1.1.4 The Council will continue to work with HfS, house builders and other agencies to ensure the
delivery of housing in Midlothian.
1 Windfall sites are housing developments on land that was not allocated in current or former Development Plans. They
are often smaller sites on brownfield land.
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Figure 1: Midlothian’sHousing Market Areas and the main settlements within them.
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1.2 – Abbreviations 
Table 1: HLA 2023 Abbreviations.
Abbreviation  Description 
Aff’d. Affordable housing
B/Brf. Brownfield land (previously developed land)
C Site with planning consent
DPEA Planning and Environmental Appeals Division of the Scottish
Government
DPP/FUL/MSC Detailed/Full Planning Permission
G/Grf. Greenfield land (previously undeveloped land)
ha Area in hectares (1 ha = 10,000m², or 100m x 100m)
HfS Homes for Scotland
HLA Housing Land Audit
HMA Housing Market Area
LDP Local Development Plan
LHLR Local Housing Land Requirement
LRB Local Review Body
MATHLR Minimum All Tenure Housing Land Requirement
MC
Site that is minded to be consented planning permission but the legal
agreement for developer’s financial contributions to infrastructure is
still to be finalised
MLDP Midlothian Local Development Plan (2017)
MLP 2003 2003 Midlothian Local Plan
MLP 2008 2008 Midlothian Local Plan
NC Site with no planning consent
NPF4 National Planning Framework 4
PAC Pre-Application Consultation
PPP/OUT Planning Permission in Principle/Outline Planning Permission
RoS Registers of Scotland
SC Safeguarded Capacity
SHIP Strategic Housing Investment Plan (Midlothian Council’s plan for the
delivery of affordable housing)
SLP Shawfair Local Plan (2003)
UC Site under construction 
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1.3 – Planning Policy Context 
1.3.1 The 2022/23 Audit year saw major changes to the context in which HLAs are produced. National
Planning Framework 4 (NPF4) was adopted in February 2023, the Town and Country Planning
(Development Planning) (Scotland) Regulations 2023 came into force in May 2023 and Guidance on
them was published shortly afterwards. These have been the trigger for a review of HfS’ Procedure Notes
on HLAs and the Scottish Government developing guidance notes on HLAs to replace PAN 2/2010
(‘Affordable Housing and Housing Land Audits’). These have led to changes to the content of this HLA
and will likely also do so in future when both are finalised. 
1.3.2 NPF4 identifies a Minimum All Tenure Housing Land Requirement (MATHLR), which is the
minimum amount of land, expressed in housing units, that is to be provided by each planning authority in
Scotland for a 10 year period. Local Authorities must exceed this by identifying a Local Housing Land
Requirement (LHLR) for their next Local Development Plan (LDP). Midlothian Council is in the process of
determining its LHLR as part of its early work on LDP2. 
1.3.3 The Midlothian Local Development Plan (MLDP) was adopted in 2017, with an Action Programme
approved in early 2018 and a further update of the latter in 2020. It highlighted the progress made with
implementing the LDP’s development strategy in the two years since adoption, the key changes in that
period and emerging issues looking forward to the next review of the Plan. ‘Delivery Programmes’ will
replace Action Programmes and Midlothian Council will be producing one to replace its 2020 release. A
further Delivery Programme will be produced shortly after the adoption of LDP2 (currently expected in
late 2026). This will set out how the Council propose to implement its LDP and it must establish a
deliverable ‘housing land pipeline’ for the LHLR. The purpose of the pipeline is to provide a transparent
view of the phasing of housing allocations so that interventions, including infrastructure, that enable
delivery can be planned. The annual HLA, and its programming in particular, will monitor the delivery of
housing land to inform the pipeline and the actions to be taken in the Delivery Programme. 
1.3.4 Although Midlothian’s LHLR will only be determined as LDP2 work continues and progress
towards the LHLR cannot therefore be established at this point, changes have been made to the content
and format of the HLA in advance of this. Most notably, programming in the Main Schedule of the Audit
now covers a 10 year period to reflect the requirement of NPF4 that LDPs should identify deliverable land
to meet a LHLR that must cover a decade. Programming is divided into three phases which mirror the
definitions of NPF4 Policy 16 and paragraph 222 of the Local Development Planning Guidance:
• Short-term sites – where the first homes are to be completed in years one to three of the plan,
including sites with full planning permission;
• Medium-term sites – where the first homes are to be completed in years four to six of the plan,
including sites with planning permission in principle and allocations supported by masterplans,
development briefs or equivalent; and
• Long-term sites – where the first homes are to be completed in years seven to ten of the plan, in
locations that align with the spatial strategy of the plan and have a pathway to delivery identified in the
Delivery Programme. 
1.3.5 Since NPF4 also states that areas that may be suitable for new homes beyond 10 years are also
to be identified in LDPs, programming for beyond the short, medium and long term is now also provided
(as an aggregate figure of units yet to be constructed on sites beyond a decade). 
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1.4 – Methodology 
1.4.1 The methodology of how Midlothian’s HLA is completed is influenced by several sources including
rolling over procedures from previous Audits where those procedures have been of value, reflections and
discussions on them throughout the year, HfS Procedure Notes and PAN 2/2010. They may well change
going forward due to the emerging requirements stemming from the adoption of NPF4, Local
Development Planning Regulations and Guidance and forthcoming guidance on HLAs from the Scottish
Government. For the time being however, the following paragraphs detail the steps taken in completing
Midlothian’s latest HLA. 
1.4.2 The status of sites in the Audit is determined by reviewing weekly lists of applications received and
determined by Midlothian Council, the outcomes of its Planning Committee and Local Review Body (LRB)
as well as checking for the submission and approval of building warrants and notifications of the
commencement of developments to establish when site activities have begun. 
1.4.3 Housing completions are determined by cross-checking several forms of data:
• In the first instance building warrant records in the Council’s ‘Uniform’ database are reviewed for the
submission and acceptance of housing completion certificates under the Building (Scotland) Act
2003;
• Effective dates of the apportioning of Council Tax bands to addresses listed at the Scottish Assessors
Association website and provided by the Lothian Valuation Joint Board; and
• Visits to all sites of four or more units that have had construction activity in the current Audit year to
mark off occupied units on site plans. This is determined by the presence of one or more signs of
occupant activity, such as parked vehicles, ‘curtain counts’, the maintenance of gardens or grounds
etc. 
1.4.4 Programming assumptions are a snap shot in time from the base date of the HLA. As site
programming entails predicting future events, it can only represent the most accurate estimate as is
possible at the time of writing. Many data sources are utilised to maximise its reliability:
• Visits to all large sites and recording the number of units under construction, particularly those nearing
completion;
• Inspection of site plans so that programming takes into account the house types in question
(detached, semi-detached, flats etc.), as this will influence their build time;
• Inspection of phasing plans submitted by developers;
• Taking into account past annual completions on sites that have delivered units in previous years;
• Visiting house-builders websites and on site notice boards to note news on which plots or phases
have been released for sale, reserved or sold;
• In the case of sites in the Shawfair Area, reviewing the annual Shawfair Phasing Plan2;
• Taking into account HfS guidance on realistic default assumptions for completions as outlined in their
‘Housing Land Audits: Homes for Scotland Procedures’ document;
• For social housing sites, following programming outlined in the latest Council Strategic Housing
Investment Plan (SHIP report); and
• Receiving further feedback on programming via the various engagement activities outlined below. 
1.4.5 Engagement during the production of the HLA also helps to ensure that the programming (and
the other information) it contains is as accurate as possible. In practice this entails:
2 This is a requirement under condition 3 of application 17/00650/S42 to amend the approved Shawfair Masterplan.
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• Reviewing the communications between site developers/owners and Council Planning Officers to
determine the progress and status of sites;
• Requests for further information on site statuses from Council Planning Officers where needed;
• Contacting developers directly to get an update on particular sites where needed;
• Distribution of the HLA amongst key internal Council services and key external agencies for their
comment;
• Review by other Planning staff and reporting the Audit to Planning Committee before its publication;
• Consultation with HfS who then distribute the Audit to their members via the South East Scotland
Home Builders’ Committee for comment and revision of figures; and
• Feedback and queries received after publication of the HLA on the Council website.
1.4.6 The HLA contains a table of ‘Constrained Sites’, these being defined as sites in the supply which
are not effective and have obstacles preventing their development. This follows NPF4’s position that
housing land is only deliverable if it ‘is free from constraints or there is a commitment to overcome
constraints’. Following PAN/2010 (and as also outlined in HfS’ former Procedure Notes on HLAs) these
constraints are ownership, physical constraints (e.g. ground stability or flood risk), contamination,
marketability and infrastructure.
1.4.7 Entries in the Constrained Sites table must meet these requirements and this is determined via a
review of recent correspondence and information regarding the site, its ownership and planning status
and whether it is being marketed. Such sites are also visited where necessary to confirm their
appropriateness for inclusion in the Constrained Sites table.
1.4.8 A further methodological change for HLA 2023 is that it has revised the definition of small sites
from four or fewer units to three or fewer. This is in response to:
• HfS’ HLA Procedure Notes;
• The Scottish Government’s Local Development Planning Guidance stating that sites of four or more
units can be used to meet the Local Housing Land Requirement; and
• This being a slightly more common threshold used by Councils elsewhere in Scotland, according to
an Issues Paper produced in April 2023 by the Scottish Government to inform the development of
their HLA Guidance.
1.4.9 Other methodological changes introduced regarding small sites include in relation to programming
estimates. According to the aforementioned Scottish Government Issues Paper on HLAs, expected
programming of units on small sites is not borne out when later compared to actual completions. An
analysis of Midlothian’s data showed this to be the case, with programming overestimating completions
by 53% over the past few years. A different approach has been taken for HLA 2023 as a result.
1.4.10 Data on small housing sites are recorded in a spreadsheet where units are grouped according to
their planning and building warrant status. These statuses can fall into one of five categories which were
used to create a new methodology for estimating programming. Units under category one (under
construction) were deemed to deliver their units in the next two years of programming (23/24 and 24/25
in this HLA). Units under category two are expected to deliver their units in programming years three and
four, and so forth. This is shown in table 2 below.
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Table 2: Status of small sites and the programming of their units.
Small Site Status Categories Expected Delivery of Units
1) Is under construction Years 1 and 2 
(23/24 and 24/25)
2) Has planning and building warrant
consent, but not under construction
Years 3 and 4 
(25/26 and 26/27)
3) Has planning consent and a
pending building warrant application
Years 5 and 6 
(27/28 and 28/29)
4) Has planning consent but no
building warrant application
Years 7 and 8 
(29/30 and 30/31)
5) Has a pending planning application
or PPP consent only
Years 9 and 10 
(31/32 and 32/33) 
1.4.11 HfS suggest that the programming for small sites should be based on recorded completions over
the past five years, while the Scottish Government’s HLA Issues Paper raises this as one possible
approach (of several). The actual average number of completions on small sites in Midlothian over the
past decade is ten units per year. That figure is in close agreement with this new methodology which
predicts an average annual delivery of 11 units per year across all of Midlothian’s small sites in the Main
Schedule’s programming. The difference between these two figures also allows for the fact that new units
will enter the supply as further applications come forward and proceed through the planning and building
warrant systems. This therefore represents a more reliable method and has been adopted for this year’s
HLA.
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2 - Housing Supply Commentary
2.1 – Summary of Supply and Sites
2.1.1 HLA 2023 identifies a total established housing land supply of 11,799 remaining units and an
effective supply (i.e. excluding constrained sites) of 11,052 remaining units. Safeguarded sites can
contribute a further 600 units when called upon3.
2.1.2 NPF4 and the Local Development Planning Guidance requires housing land supplies to be viewed
by the way of a pipeline of sites that will be built across the short, medium and long terms. HLA 2023
follows this recommendation as its programming in the Summary and Main Schedule has been revised
since the last Audit to align with this new system. This is illustrated in table 3. It shows that Midlothian’s
housing supply has the strength of being relatively balanced across the different periods of the pipeline.
Further sites will also enter the supply in future Audits as windfall sites are consented4.
Table 3: Breakdown of Main Schedule housing supply programming.
Housing Land
Pipeline Period Timeframe Units Programmed Portion of
Effective Supply
Short Term Next 3 years - 2023/24,
2024/25, 2025/26 2,528 23%
Medium Term Years 4 to 6 - 2026/27,
2027/28, 2028/29 2,243 20%
Long Term Years 7 to 10 –
2029/30 to 2032/33 2,578 23%
Remaining Post 10 years – 2033
onwards 3,703 34%
3 This figure excludes the safeguarded portion of Newton Farm near Danderhall (site Hs1 SC), which is already in the
Main Schedule as the application for its development is minded to be consented. This means it already comprises part
of the effective supply. It also includes the safeguarded portion of Hopefield Farm 2 (site Hs12 SC), for the similar reasons.
4 The Pending Large Windfall Applications table provides details on where these developments may come from. The
weekly and monthly lists of applications will record proposals for projects not yet brought forward. A link to this is provided
in section 4.
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2.1.3 HLA 2023 details 83 sites in its Main Schedule5 and a further 10 that were completed in the Audit
year. Of these 93 in total, 67 are on greenfield locations while the remaining 26 are brownfield sites. The
latter source are typically smaller, so when looking at this split by site area, greenfield account for 89% of
the total area.
2.1.4 Figures two and three below provide a further breakdown of the sites by planning application
status and by land supply source. The former shows that Midlothian’s housing land supply is primarily
composed of sites that are either under construction or that have some form of planning consent: the only
remaining allocated site without consent is Hs7 at Gorebridge.
Figure 2: Breakdown of HLA 2023 sites by planning status.
Note: breakdown is by the number of sites rather than their capacity.
2.1.5 Figure 3 shows that Midlothian’s housing land supply is comprised of sites from a range of land
supply sources, from those allocated in previous Development Plans to recently consented windfall
applications. The category of ‘other sites’ includes those allocated prior to the 2003 MLP and sites that
are composed of land from a mix of supply sources.
5 This is partly due to wider sites being broken down into separate development areas within them, in order to track them
more easily and accurately reflect their status in the Audit. An example are the various areas of the h58 development in
Penicuik.
Sites without consent - 1 site
Sites with consent or minded to consent (but not
under construction) - 44 sites
Sites under construction - 38 sites
Sites completed this year (2022/23) - 10 sites
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Figure 3: Breakdown of HLA 2023 sites by land supply source.
Note: breakdown is by the number of sites rather than their capacity. 
2.1.6 The Midlothian housing market is characterised by the presence of a range of house builders.
Table 3 provides a summary of its major-players alongside the number of sites they are taking forward
and the unit capacities of these sites. It is also worth noting that a number of other site
developers/promoters and smaller house builders also operate within Midlothian. These are excluded
from the table below for conciseness, but full details are provided in the Main Schedule of the Audit. It is
notable that builders who are either new to Midlothian or who have not operated here for some time are
now active in the area. Examples include Muir Homes in Pathhead, Robertson Homes at Rosslynlee and
Lovell Homes in Mayfield/Newtongrange. This trend points to Midlothian’s housing supply being more
diverse and resilient than in the past, when a smaller number of builders delivered units in the area. 
MLDP sites - 27 sites
MLP 2008 sites - 14 sites
MLP 2003 sites - 8 sites
SLP sites - 20 sites
Windfall sites - 21 sites
Other sites - 3 sites
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Table 4: Breakdown of selected Main Schedule sites by developer.
Note: ‘Number of Units’ represents the total site capacity (i.e. it includes units already built).
Developer Number
of Sites
Number
of Units Notes
Avant Homes 3 455 This includes Avant’s two phases at h58, one of
which will be completed in 2023/24.
Barratt Homes 3 890 Includes 700 proposed units across the
Redheugh development in Gorebridge.
Bellway Homes 7 1,245
Bellway’s sites in Penicuik (h58(AreaE)), Dalkeith
(h46) and Danderhall (h45(C&D)) are due to
finish soon. These account for 435 units between
them.
CALA 3 780
620 of these units are at the Hs1 site at Newton
Farm, near Danderhall. Work will start there in
August 2023.
Dandara Homes 4 328
David Wilson Homes 4 314 Three of their sites are parts of the Hs19
development at Roslin.
Midlothian Council /
Cruden Homes 10 516
This includes Cruden/Hart Builders (who develop
some affordable housing sites for the Council)
and other Midlothian Council sites.
Miller Homes 1 430 Their site at Newtongrange finished in 2022/23.
Their remaining site is at Hs0 (Cauldcoats).
Persimmon Homes 2 272 The final portion of their development at
Gorebridge will finish in 2023/24.
Springfield 6 1,457
Springfield are at two locations – Bonnyrigg and
Mayfield, the latter accounting for the majority of
these units. Springfield now incorporates both
Walker Homes and also Mactaggart and Mickel.
Taylor Wimpey 5 1,962
2.2 – Sites Entering and Exiting the Audit’s Main Schedule
2.2.1 7 new sites with a combined capacity of 107 units entered the Main Schedule of this year’s Audit
(table 5). The Wellington School site in the rural west of Midlothian accounts for much of this extra
housing. It is an ‘Additional Housing Development Opportunity’ site that was allocated within the MLDP,
which was previously constrained but which has been moved from that category into the effective supply
(Main Schedule). All the other new sites are smaller windfall sites. They total 61 units. Newton Church
Road and Bonnyrigg High Street are council-led social housing developments.
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Table 5: New sites in HLA 2023’s Main Schedule.
Site Name (& Reference) Settlement Site Capacity
(Units)
Former Thornlea Nursing Home (2022LH1) Loanhead 4
Wellington School, by Howgate (AHs5) Villages/rural (West HMA) 46
High Street (2022BL1) Bonnyrigg/Lasswade 20
Kippielaw Hatchery (2022DK1) Dalkeith 5
Newtongrange Parish Church (2022MN2) Mayfield/Newtongrange 5
Newton Church Road (2023SA1) Shawfair Area 23
Airybank House (2019VR2) Villages/rural (East HMA) 4 
Total 107
Note: not listed above is site 2020DK1, 131 to 133 Dalkeith High Street. It was a new addition to HLA 2023 but was
finished entirely within 2022/23 and so never needed to be entered in the Main Schedule of any HLA. It comprised
four units. 
2.2.2 HfS’ updated Procedure Note on HLAs states that a historical weakness of audits has been
identifying sites removed from them. To address this point, table 6 below lists sites that have left the Main
Schedule of the Audit due to them being completed in 2022/23. Table 7 lists sites which have been moved
from it for other reasons. In the case of all these latter sites, this is because they are now deemed
constrained. More details on the reasons for this can be found in the Constrained Sites schedule later in
this HLA. 
Table 6: Sites removed from the HLA’s Main Schedule due to being fully completed in 2022/23.
Site Name (& Reference) Settlement
Site
Capacity
(Units)
Former Paradykes Primary School (2018LH1) Loanhead 86
Seafield Road Area B (Hs16(AreaB)) Roslin/Bilston 31
Belwood CALA at NW Penicuik (h58(AreaA1)) Penicuik 75
Greenlaw and Adjacent Land Area A (h25(AreaA)) Penicuik 92
Greenlaw and Adjacent Land Area C (h25(AreaC)) Penicuik 83
Dalhousie Mains Area D (Hs10(AreaD)) Bonnyrigg/Lasswade 70
131 to 133 High Street (2020DK1) Dalkeith 4
Cockpen (h37) Mayfield/Newtongrange 141
Land South West of Newbattle Community High
School (2018MN3) Mayfield/Newtongrange 79
Lawfield Farm (2018VR2) Villages/rural (East HMA) 8 
Total 669
Note: the figure of 669 above is the total capacity of all the units across all these sites, regardless of whether these
units were completed in the current Audit year or prior. This is why the figure differs from the total completions of
908 for 2022/23 – the latter encompasses units built across all sites, regardless of whether they were finished this
year or not. 
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Table 7: Sites removed from the HLA’s Main Schedule that are not complete.
Site Name (& Reference) Settlement
Site
Capacity
(Units)
Seafield Moor Road Remainder (h55(Rem)) Roslin/Bilston 90
Loganbank Lodge (2021PK1) Penicuik 6
Waverley Terrace (2021BL2) Bonnyrigg/Lasswade 5
Thornybank North (Hs5) Dalkeith 15
Wester Cowden Farm (2018DK2) Dalkeith 25
Vogrie Road (h40) Gorebridge 16*
Newbattle Home Farm (2021VR1) Villages/rural (East HMA) 11
* 16 is the remaining number of units with consent but not constructed. The total capacity of this site is 93 units,
i.e. 77 units were built here prior to it stalling.
2.3 – Constrained Sites
2.3.1 Constrained sites are those in the supply that are not effective due to them having obstacles
preventing their development (though if these issues are resolved they could later form part of the effective
supply and be moved into the Main Schedule). HLA 2023 identifies 22 constrained sites with a total of
747 units. These sites are composed of two types:
• ‘Additional Housing Development Opportunity’ sites, which are locations identified in the current LDP
for new homes but that have development uncertainties meaning their contribution to the effective
supply is not guaranteed6; and
• Other constrained sites from the current or previous Local Plans, or stalled windfall approvals.
2.3.2 As indicated above, sites can be moved from the Main Schedule to the Constrained Sites lists
between HLAs to reflect their status. All the sites in table 7 are instances of sites in the previous HLA’s
Main Schedule that are now classed as constrained, for example. It is also possible for sites to move in
the opposite direction. As noted previously, for example, the former Wellington School site now has
planning consent and is in the Main Schedule.
2.4 – Completions and Demolitions
2.4.1 HLA 2023 identifies 908 housing unit completions in the Audit year. Though last year’s figure of
818 completions was a record, 2022/23 therefore delivered an additional 11% more than it. For
comparison, the five year rolling average from 2017/18 to 2021/22 is 656 units per year. 908 completions
in 2022/23 therefore represents an increase of 38% on this. The trend of completions in Midlothian over
the last decade is shown in figure 4.
6 See MLDP policy STRAT 4.
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Figure 4: Housing completions in Midlothian, from 2013/14 to present.
2.4.2 Completions of 818 in 2021/22 were a record at that point, but were likely influenced by the
Coronavirus restrictions of the previous year: it is probable that completions were high in that year partly
due to work on unfinished units being picked up when building work recommenced after lockdowns. This
would have had the effect of carrying over units that would have normally been finished in 2020/21 into
2021/227. Obviously though, this cannot be a factor behind the 908 completions in 2022/23.
2.4.3 As discussed previously, NPF4 identifies a 10-year MATHLR for each council area in Scotland. In
Midlothian this is 8,850, equating to an annual figure of 885. NPF4 is also clear that the annual HLA will
monitor the delivery of housing land to inform the pipeline and the actions to be taken in LDP Delivery
Programmes to ensure that the pipeline produces units in line with the MATHLR target. Completions in
Midlothian of 908 in 2022/23 are obviously in line with this target (they exceed it by 23 units).
2.4.4 908 units completed in 2022/23 also compares to the anticipated delivery of 667 units that were
in the programming for 2022/23 in Midlothian’s previous HLA. In hindsight, that programming was an
under-estimate of 241 units (or 36%). Though such estimates are always difficult – they are predictions
of future events – Midlothian Council will endeavour to make programming in future HLAs as accurate as
possible. Section 1.4 outlines the steps taken to do so. Future Audits will also provide further comparisons
of completions in the area against the MATHLR figure, Midlothian’s LHLR that will be developed from it,
and future programming estimates.
2.4.5 229 of the 908 housing completions in Midlothian in 2022/23 (or 25%) were affordable units. The
main drivers for this were the conclusion of two dedicated social housing sites, at Mayfield/Newtongrange
(79 units) and Bonnyrigg (70 units). Table 8 below compares figures of social housing completions to
those reported in previous Audits. It is seen that both the share of affordable homes as a portion of all
completions and the absolute number of affordable housing completions were at their highest levels since
the tenure split started to be recorded in Midlothian in HLA 2019. The Council’s SHIP provides more detail
on the delivery of affordable homes in Midlothian and a link to it can be found in section 6.
7 This is evidenced by the fact that completions in 2020/21 were 564 units, which is the lowest for many years.
300
400
500
600
700
800
900
1000
Units Completed
Page 34 of 148

Page 35

Table 8: Completions of affordable housing units in Midlothian.
HLA Year Affordable Units
Completed
Total Units
Completed
% of Completions
That Were Affordable
2023 229 908 25%
2022 182 818 22%
2021 119 564 21%
2020 70 611 11%
2019 119 685 17%
2.4.6 The distribution of completions across Midlothian’s settlements is presented in figure 5 below. This
shows that areas of the Midlothian West HMA, Penicuik and Roslin/Bilston, continue to experience the
most growth. It is the build-out of sites here that have been a key factor in Midlothian seeing record
completions overall of 818 and 908 in the last two years. These sites include the North West Penicuik
development where several house builders are simultaneously active and the neighbouring h25 Greenlaw
Mains estate, together with the developments by Taylor Wimpey and Barratt in Bilston, and David Wilson
Homes, Taylor Wimpey and CALA in Roslin.
2.4.7 Shawfair was formerly Midlothian’s fastest growing settlement in both 2019/20 and 2020/21, with
it delivering around 130 units in each of those years. These numbers are considerably less than those
now being built in Penicuik, Roslin and Bilston however completions at Shawfair remain relatively steady.
Though Stewart Milne Homes are active at North Danderhall, there may be a dip in new units in the area
until Mactaggart and Mickel’s new phase brings completions and while Bellway conclude on their South
Danderhall site and begin delivering units at their new North Danderhall location.
2.4.8 Completions in Mayfield/Newtongrange were higher in 2022/23 compared to the previous two
years. This is owed to Miller Homes concluding their site at Cockpen (h37) and Cruden Homes delivering
79 social housing units next to the site of the former Newbattle High School. Midlothian Council intends
to develop the remainder of this site and this combined with construction beginning at two sites in the
north of Mayfield, will bring new homes to the town in future. Elsewhere, completions in
Bonnyrigg/Lasswade were higher in 2022/23 than previously due to work at the Dalhousie Mains and
Dalhousie South sites.
Page 35 of 148

Page 36

Figure 5: Comparison of units completed in recent years by settlement. 
2.4.9 Housing demolitions are unlikely to influence the housing supply picture in Midlothian beyond a
negligible amount, and the desire to include them in HLAs is more suited towards other Scottish Councils
where regeneration schemes and the re-use of brownfield land for housing are more prevalent.
Nevertheless these are now recorded as part of the underlying HLA methodology – there was a single
demolition in Midlothian in 2022/23. These will continue to be monitored and reported in future HLAs.
0
50
100
150
200
250
300
Units Completed
2020/21 2021/22 2022/23
Page 36 of 148

Page 37

3 – Property Market Summary
3.1.1 House price data adds context to the Midlothian housing supply situation in the schedules on the
following pages that comprise the HLA. These data were obtained from Registers of Scotland8 (RoS) and
a link is provided in section 49. It is important to note that it refers to the prices of properties sold, as it is
at this point that the transaction value becomes available. Values of the wider housing stock may differ
from those that come on the market.
3.1.2 There were 1,950 property transactions in Midlothian during 2022/23. This is very similar to the
figure for the previous year (1,994), which was the highest since 2003/04, when RoS data starts. Sales
have been at or close to this level since 2015/16. Before this point there was a recovery from below 1,000
annually for several years in the aftermath of the 2008/09 financial crisis: they reached a low of 871 sales
in 2011/12.
3.1.3 It is notable that despite the number of house sales falling slightly from 1,994 in 2021/22 to 1,950
in 2022/23 that the total value of all transactions increased marginally from £514m to £545m over this
time. The latter is a record figure within the RoS data for Midlothian. A slightly lower number of sales
versus an increased figure for the total value of those sales may reflect the effect of inflation, competition
for homes driving up prices and the homes coming onto the market being bigger and more expensive
than those for sale previously.
3.1.4 Average selling prices of homes in Midlothian have risen steadily and substantially in the past few
years, from £172,000 in 2012/13 to nearly £280,000 in 2022/23, an increase of 62%. In comparison, the
average selling price nationwide was around £216,000 in 2022/23, or 23% cheaper than Midlothian.
Prices locally are therefore amongst the highest in Scotland, with neighbouring Edinburgh and East
Lothian also being expensive. For comparison, the lowest average house prices were in Inverclyde. Table
9 below summarises the most expensive Council areas in Scotland by house selling price during the Audit
year. Table 10 shows the least expensive Council areas.
8 Contains Registers of Scotland data © Crown copyright and database right 2022. This data is licensed under the Open
Government Licence v3.0.
9 Note that Registers of Scotland house price data is based on average sale prices. This means that prices can be skewed
upwards by a small number of sales of particularly expensive properties, although the figures exclude sales of over
£1,000,000 to reduce this effect.
Page 37 of 148

Page 38

Table 9: Top five most expensive Council areas by house selling price.
Council Area Average House Selling
Price in 2022/23
City of Edinburgh £313,374
East Renfrewshire £309,153
East Lothian £307,866
East Dunbartonshire £288,326
Midlothian £279,370
Table 10: Top five least expensive Council areas by house selling price.
Council Area Average House Selling
Price in 2022/23
Inverclyde £132,881
West Dunbartonshire £142,875
Na h-Eileanan Siar £149,839
East Ayrshire £154,773
North Ayrshire £154,803
3.1.5 Figure 6 compares average selling prices for homes in Midlothian against the Scottish average. It
can be seen that while prices have generally risen over recent years, they have increased more rapidly in
Midlothian than across the country as a whole. This has led to a situation where the gap between house
prices in Midlothian and Scotland has widened. The difference was £63,000 in 2022/23. This trend may
be due to newer housing developments in Midlothian being composed of a higher portion of larger, family
homes. In other words, it may reflect a change in composition of the local housing stock rather than solely
an increase in price. It may also reflect increased demand for homes within the county as buyers are
perhaps priced out of the Edinburgh market or seek better value close to, but outside the city.
Figure 6: Average house selling price trends in Midlothian and Scotland, and the difference between
them.
£0
£50,000
£100,000
£150,000
£200,000
£250,000
£300,000
Midlothian Scotland Difference
Page 38 of 148

Page 39

4 – Sources of Further Information 
4.4.1 Further information on housing sites, applications and general housing matters in Midlothian can
be found at the following links: 
• A map of all sites in the current Audit - Interactive Housing Land Audit map; 
• A map of all housing sites in Midlothian that have been completed in the last few years – Housing
Land Audit completed sites map; 
• The Midlothian Council Planning Homepage; 
• Search for planning application reference numbers at the Council’s Planning and Building
Standards Portal to view more details on proposed and current projects; 
• Past and future meetings of the Council’s Planning Committee, where important applications and
planning policy matters are decided; 
• The function for searching weekly lists and monthly lists of planning applications that are received
and decided by Midlothian Council; 
• The Midlothian Local Development Plan, which is the policy framework against which development
proposals are judged; 
• Midlothian’s affordable housing plans for the next five years - Strategic Housing Investment Plans;
and 
• House price statistics from Registers of Scotland. 
The styling of this document is based on the Scottish Government’s National Planning Framework 4. 
It is available here and was published under this licence. 
Page 39 of 148

Page 40

SUMMARY
23/24
24/25
25/26
26/27
27/28
28/29
29/30
30/31
31/32
32/33
Under Construction
3,924
759
1,809
2,115
908
741
385
414
170
98
81
60
60
60
33
13
Consented or Minded to Consent
8,427
2,220
8,427
57
263
642
584
651
635
635
586
529
520
3,325
No Consent
400
100
400
0
0
0
0
0
0
0
0
10
25
365
Small Sites
110
110
12
12
2
2
11
11
16
16
15
13
0
Total Effective Supply
12,861
3,079
1,809
11,052
810
660
1,058
756
760
727
711
662
614
591
3,703
Constrained Sites
747
747
Total Established Supply
13,608
11,799
Safeguarded Sites
600
150
600
Medium
Term
Long Term
Post
2033
Status
Programmed Completions
Total Site
Capacity
Total Affordable
Units
Total Dwellings
Remaining
All Completions
by 31/03/23
Short Term
Units
Completed in
2022/23
Page 40 of 148

Page 41

MAIN
SCHEDULE
Type
Date
23/24
24/25
25/26
26/27
27/28
28/29
29/30
30/31
31/32
32/33
Midlothian West HMA
Loanhead
h54(III)
Ashgrove Phase 3
Dandara Homes
2006/07
UC
MSC
Nov-18
Apr-19
92
92
0
0
72
20
20
0
0
0
0
0
0
0
0
0
0
2022LH1
Former Thornlea Nursing Home
Mr R
Law
&
Mr Patrick Black
2022/23
C
DPP
May-22
4
4
0
0
0
4
4
0
0
0
0
0
0
0
0
0
0
Small sites
6
6
1
0
0
0
1
0
1
0
3
0
0
Totals for Loanhead
102
96
0
0
72
30
25
0
0
0
1
0
1
0
3
0
0
Roslin/Bilston
Hs18
Roslin Institute
Taylor Wimpey
2015/16
UC
MSC
Jul-19
Jan-21
304
272
32
76
124
180
60
60
60
0
0
0
0
0
0
0
0
Hs19(AreaA)
Roslin Expansion Area A
David Wilson Homes
2015/16
UC
MSC
Jan-21
Nov-21
110
110
0
0
14
96
36
30
30
0
0
0
0
0
0
0
0
Hs19(AreaB)
Roslin Expansion Area B
David Wilson Homes
2015/16
UC
DPP
Jul-19
Oct-19
51
43
8
13
50
1
0
0
1
0
0
0
0
0
0
0
0
Hs19(AreaC)
Roslin Expansion Area C
David Wilson Homes
2015/16
UC
MSC
Jan-21
Feb-22
53
25
28
53
0
53
53
0
0
0
0
0
0
0
0
0
0
Hs19(AreaD)
Roslin Expansion Area D
CALA
2015/16
UC
MSC
Jan-21
Nov-21
50
50
0
0
17
33
17
16
0
0
0
0
0
0
0
0
0
Hs16(AreaA)*
Seafield Road Area A
Taylor Wimpey
2015/16
UC
DPP
Sep-18
Aug-19
191
155
36
48
137
54
45
9
0
0
0
0
0
0
0
0
0
Hs16(AreaC)*
Seafield Road Area C
Taylor Wimpey
2015/16
MC
PPP
Aug-21
214
N/A
N/A
54
0
214
0
0
20
40
40
40
40
34
0
0
0
h55(AreaA)
Seafield Moor Road Area A
Barratt Homes
2006/07
UC
MSC
Jun-19
Jan-20
190
155
35
47
159
31
31
0
0
0
0
0
0
0
0
0
0
Small sites
2
2
1
1
0
0
0
0
0
0
0
0
0
Totals for Roslin/Bilston
1,165
810
139
291
501
664
243
116
111
40
40
40
40
34
0
0
0
Penicuik
h58(AreaA2)
Belwood Avant (at NW
Penicuik)
Avant Homes
2006/07
UC
DPP
Sep-18
Mar-19
87
87
0
0
84
3
3
0
0
0
0
0
0
0
0
0
0
h58(AreasB1&B2)
Nursery West &
North (at NW
Penicuik)
Avant Homes
2006/07
UC
DPP
Sep-18
Dec-22
78
78
0
0
6
72
25
25
22
0
0
0
0
0
0
0
0
h58(AreaB3)
Nursery East (at NW
Penicuik)
Dunedin Canmore
2006/07
UC
DPP
Sep-18
Aug-21
57
13
44
57
22
35
35
0
0
0
0
0
0
0
0
0
0
h58(AreasC&D)
Mauricewood &
Mauricewood North (at NW
Penicuik)
CALA
2006/07
UC
DPP
Sep-18
Dec-21
110
110
0
0
24
86
25
25
25
11
0
0
0
0
0
0
0
h58(AreaE)
Deanburn (at NW
Penicuik)
Bellway Homes
2002/03
UC
DPP
Oct-19
Nov-19
91
91
0
0
77
14
14
0
0
0
0
0
0
0
0
0
0
h58(AreaF)
Rullion Road (at NW
Penicuik)
Midlothian Council
2006/07
C
DPP
Sep-18
68
16
52
68
0
68
0
0
34
34
0
0
0
0
0
0
0
h25(AreaD)
Greenlaw
and Adjacent Land Area D
Taylor Wimpey
2002/03
UC
DPP
May-22
Sep-22
221
221
0
2
0
221
20
45
45
45
45
21
0
0
0
0
0
2020PK1
Windsor Square
Ark Housing Association
2020/21
C
DPP
Jun-21
12
0
12
12
0
12
0
0
12
0
0
0
0
0
0
0
0
2022PK1
Kentigern Mall
Sheet Anchor Evolve (London) Ltd.
2021/22
C
DPP
Mar-22
7
0
7
0
0
7
0
3
4
0
0
0
0
0
0
0
0
Small sites
15
15
1
2
1
0
2
3
3
2
1
0
0
Totals for Penicuik
746
616
115
139
213
533
123
100
143
90
47
24
3
2
1
0
0
Villages and rural remainder (Midlothian West HMA)
Hs20
Auchendinny
Bellway Homes
2015/16
MC
DPP
Mar-23
395
335
60
98
0
395
0
20
50
40
60
60
58
35
35
37
0
AHs1
Rosslynlee, near Penicuik
Oakridge Group
2018/19
UC
Part PPP,
Part DPP
Dec-19
Aug-20
215
189
26
0
2
213
0
0
10
20
20
30
30
30
30
30
13
AHs1(NP)
North Park (at Rosslynlee)
Robertson Homes
2018/19
C
MSC
Mar-23
121
121
0
0
0
121
0
7
20
20
20
20
20
14
0
0
0
AHs5
Wellington School, by Howgate
Lochay Homes
2022/23
C
DPP
Oct-22
46
46
0
12
0
46
0
5
15
15
11
0
0
0
0
0
0
Small sites
29
29
2
1
0
0
2
2
6
6
5
5
0
Totals for villages and rural remainder (Midlothian West HMA)
806
691
86
110
2
804
2
33
95
95
113
112
114
85
70
72
13
Totals for Midlothian West HMA
2,819
2,213
340
540
788
2,031
393
249
349
225
201
176
158
121
74
72
13
Midlothian East HMA
Bonnyrigg/Lasswade
Hs10(AreaA)
Dalhousie Mains Area A
Walker Group / Springfield
2015/16
UC
DPP
Dec-17
Dec-18
27
27
0
0
26
1
1
0
0
0
0
0
0
0
0
0
0
Hs10(AreaB)
Dalhousie Mains Area B
Walker Group / Springfield
2015/16
UC
MSC
Apr-19
Feb-20
78
78
0
0
77
1
1
0
0
0
0
0
0
0
0
0
0
Hs10(AreaC)
Dalhousie Mains Area C
Walker Group / Springfield
2015/16
UC
MSC
Oct-21
Aug-22
103
103
0
0
0
103
25
25
25
25
3
0
0
0
0
0
0
Hs11(AreaA)
Dalhousie South Area A
Bellway Homes
2015/16
UC
DPP
Oct-21
Nov-21
94
94
0
0
12
82
25
25
25
7
0
0
0
0
0
0
0
Hs11(AreaB)
Dalhousie South Area B
Bellway Homes
2015/16
C
DPP
Apr-20
146
146
0
0
0
146
0
0
0
18
25
25
25
25
25
3
0
Hs11(AreaC)
Dalhousie South Area C
Walker Group / Springfield
2015/16
C
DPP
Mar-22
80
56
24
80
0
80
0
25
25
25
5
0
0
0
0
0
0
Hs12* &
Hs12 SC
Hopefield Farm
2 &
Hopefield Farm
2, Safeguarded
Capacity
Taylor Wimpey
2015/16
MC
PPP
Apr-21
1,032
N/A
N/A
258
0
1,032
0
0
0
25
50
50
50
50
50
50
707
243
Former garage, Elm
Row
Lasswade Townhouse Development
Company
2006/07
UC
DPP
Feb-21
Jun-23
7
7
0
0
2
5
0
1
2
2
0
0
0
0
0
0
0
2020BL1
Lasswade High Street
Dimension Homes Ltd.
2019/20
UC
DPP
Jan-20
Sep-20
8
8
0
0
7
1
1
0
0
0
0
0
0
0
0
0
0
2021BL1
Burnbrae Road
Midlothian Council
2020/21
UC
DPP
Jan-21
Mar-23
20
4
16
20
0
20
20
0
0
0
0
0
0
0
0
0
0
2021BL3
Moorfoot Place
Midlothian Council
2021/22
C
DPP
Oct-21
46
0
46
46
0
46
0
0
46
0
0
0
0
0
0
0
0
2021BL4
Cockpen Terrace
Mears Group
2021/22
UC
DPP
Apr-21
Mar-22
16
10
6
16
0
16
16
0
0
0
0
0
0
0
0
0
0
2022BL1
High Street
Midlothian Council
2022/23
UC
DPP
Sep-22
Mar-23
20
0
20
20
0
20
0
20
0
0
0
0
0
0
0
0
0
Small sites
7
7
2
2
0
0
1
0
1
1
0
0
0
Totals for Bonnyrigg/Lasswade
1,684
533
112
440
124
1,560
91
98
123
102
84
75
76
76
75
53
707
Dalkeith
Hs2
Larkfield West
Dandara Homes
2015/16
UC
MSC
May-19
Oct-19
88
88
0
0
63
25
25
0
0
0
0
0
0
0
0
0
0
Hs3
Larkfield South West
Dandara Homes
2015/16
C
MSC
May-19
65
53
12
38
0
65
28
37
0
0
0
0
0
0
0
0
0
h46
Cowden Cleugh
Bellway Homes
2006/07
UC
MSC
Jun-19
Dec-19
109
101
8
27
91
18
18
0
0
0
0
0
0
0
0
0
0
h12
Former Dalkeith High School
Midlothian Council
2004/05
UC
DPP
Mar-21
Jun-21
92
40
52
92
0
92
92
0
0
0
0
0
0
0
0
0
0
2021DK1
Buccleuch Street
Midlothian Council
2020/21
UC
DPP
Jan-21
Mar-22
10
0
10
10
0
10
10
0
0
0
0
0
0
0
0
0
0
2022DK1
Kippielaw
Hatchery
Mr Graham
Roberts
2022/23
C
DPP
Aug-22
5
5
0
0
0
5
0
0
5
0
0
0
0
0
0
0
0
Small sites
12
12
1
0
0
0
3
2
1
1
1
3
0
Totals for Dalkeith
381
287
82
167
154
227
174
37
5
0
3
2
1
1
1
3
0
Medium
Term
Post
2033
Year Added
to Main
Schedule
Short Term
Construction
Start Date
Long Term
Programmed Completions
Developer (or Owner)
Site Name
Site Reference
Remaining
at 04/23
Complete
by 03/23
Affd.
Units
Flats
Houses
Total
Units
Status
Planning Consent
Page 41 of 148

Page 42

MAIN
SCHEDULE
Type
Date
23/24
24/25
25/26
26/27
27/28
28/29
29/30
30/31
31/32
32/33
Medium
Term
Post
2033
Year Added
to Main
Schedule
Short Term
Construction
Start Date
Long Term
Programmed Completions
Developer (or Owner)
Site Name
Site Reference
Remaining
at 04/23
Complete
by 03/23
Affd.
Units
Flats
Houses
Total
Units
Status
Planning Consent
Gorebridge
Hs7*
Redheugh West (Phase 2)
(Old Road Securities Plc)
2015/16
NC
None
400
N/A
N/A
100
0
400
0
0
0
0
0
0
0
0
10
25
365
h50(1A)
Redheugh / Prestonholm
new
community (Phase 1A)
(Old Road Securities Plc) / Barratt Homes
2006/07
C
PPP
Nov-17
135
N/A
N/A
34
0
135
0
0
0
10
25
25
25
25
25
0
0
h50(Rem)
Redheugh / Prestonholm
new
community remainder
(Old Road Securities Plc) / Barratt Homes
2006/07
C
PPP
Nov-17
565
N/A
N/A
141
0
565
0
0
0
10
25
25
25
25
25
25
405
h24
Newbyres
Persimmon Homes
2002/03
MC
DPP
Nov-22
96
96
0
24
0
96
0
32
32
32
0
0
0
0
0
0
0
h36(AreaA)
North Gorebridge Area A
Persimmon Homes
2002/03
UC
FUL
Aug-11
Jun-19
176
170
6
0
160
16
16
0
0
0
0
0
0
0
0
0
0
h51
Robertson's Bank
Carlsson Properties Ltd
2008/09
MC
DPP
Feb-23
14
14
0
0
0
14
0
0
4
5
5
0
0
0
0
0
0
2022GB1
Newbyres Crescent
Cruden Homes
2021/22
C
DPP
Mar-22
75
17
58
75
0
75
0
0
75
0
0
0
0
0
0
0
0
Small sites
5
5
1
2
0
0
0
0
0
0
1
1
0
Totals for Gorebridge
1,466
297
64
374
160
1,306
17
34
111
57
55
50
50
50
61
51
770
Mayfield/Newtongrange
h48
Bryans
Cruden Homes
2006/07
UC
DPP
Mar-19
Jul-22
72
28
44
72
0
72
0
12
60
0
0
0
0
0
0
0
0
h41
North Mayfield
Lovell Homes
2002/03
C
MSC
Feb-23
156
148
8
39
0
156
0
15
45
39
25
25
7
0
0
0
0
h38+
South Mayfield Sites
Springfield
2002/03
MC
PPP
Feb-23
926
N/A
N/A
232
0
926
0
0
25
36
36
50
50
50
50
50
579
2022MN1
Former Newbattle High School (Phase 1)
Midlothian Council
2021/22
C
DPP
Mar-22
90
50
40
90
0
90
0
0
90
0
0
0
0
0
0
0
0
2022MN2
Newtongrange Parish Church
Church of Scotland
2022/23
C
PPP
Nov-22
5
5
0
0
0
5
0
0
5
0
0
0
0
0
0
0
0
Small sites
3
3
1
1
0
0
0
1
0
0
0
0
0
Totals for Mayfield/Newtongrange
1,252
231
92
433
0
1,252
1
28
225
75
61
76
57
50
50
50
579
Shawfair Area
Hs0*
Cauldcoats
(Paladin Ventures Ltd) / Miller Homes
2015/16
C
PPP
Jul-19
430
N/A
N/A
108
0
430
0
0
0
40
65
65
65
65
65
65
0
Hs1*
Newton Farm
CALA
2015/16
MC
DPP
Jan-19
620
468
152
155
0
620
0
30
70
70
70
70
70
70
70
70
30
Hs1 SC
Newton Farm, Safeguarded Capacity
Holder Planning / Wellington Farms Ltd.
2021/22
MC
PPP
Mar-22
360
N/A
N/A
90
0
360
0
0
0
0
0
0
0
20
40
40
260
h43(A&E)
Shawfair (Blocks A
&
E)
Shawfair LLP
2000/01
C
OUT
Aug-14
184
N/A
N/A
37
0
184
0
0
0
20
40
40
40
40
4
0
0
h43(B)
Shawfair (Block B)
Shawfair LLP
2000/01
C
OUT
Aug-14
323
N/A
N/A
65
0
323
0
0
0
0
0
0
0
0
20
40
263
h43(C)
Shawfair (Block C)
Shawfair LLP
2000/01
C
OUT
Aug-14
183
N/A
N/A
37
0
183
0
0
0
0
0
0
0
0
0
0
183
h43(F)
Shawfair (Block F)
Shawfair LLP
2000/01
C
OUT
Aug-14
228
N/A
N/A
46
0
228
0
0
0
0
0
0
0
0
20
40
168
h43(G)
Shawfair (Block G)
Shawfair LLP
2000/01
C
OUT
Aug-14
67
N/A
N/A
13
0
67
0
0
0
0
0
0
0
0
0
0
67
h43(H)
Shawfair (Block H)
Shawfair LLP
2000/01
C
OUT
Aug-14
78
N/A
N/A
16
0
78
0
0
0
0
0
0
0
0
0
0
78
h43(I)
Shawfair (Block I)
Shawfair LLP
2000/01
C
OUT
Aug-14
144
N/A
N/A
29
0
144
0
0
0
0
0
0
0
0
0
0
144
h43(K)
Shawfair (Block K)
Shawfair LLP
2000/01
C
OUT
Aug-14
326
N/A
N/A
65
0
326
0
0
0
0
0
0
0
20
40
40
226
h43(L)
Shawfair (Block L)
Shawfair LLP
2000/01
C
OUT
Aug-14
235
N/A
N/A
47
0
235
0
0
0
0
0
0
0
0
20
40
175
h43(O)
Shawfair (Block O)
Dandara Homes
2000/01
UC
MSC
Mar-19
Jan-20
83
65
18
18
64
19
19
0
0
0
0
0
0
0
0
0
0
h43(P)
Shawfair (Block P)
Shawfair LLP
2000/01
C
OUT
Aug-14
220
N/A
N/A
44
0
220
0
0
0
20
40
40
40
40
40
0
0
h43(R1&R2)
Shawfair (Blocks R1 &
R2)
Shawfair LLP
2000/01
C
OUT
Aug-14
163
N/A
N/A
33
0
163
0
0
0
20
40
40
40
23
0
0
0
h43(S4)
Shawfair (Block S4)
Shawfair LLP
2000/01
C
OUT
Aug-14
49
N/A
N/A
10
0
49
0
0
0
20
29
0
0
0
0
0
0
h43(S5)
Shawfair (Block S5)
Shawfair LLP
2000/01
C
OUT
Aug-14
60
N/A
N/A
12
0
60
0
0
0
0
0
0
0
0
0
20
40
h43(T2)
Shawfair (Block T2)
Mactaggart &
Mickel / Springfield
2000/01
UC
MSC
Mar-19
Mar-23
243
219
24
48
0
243
0
30
30
30
30
30
30
30
30
3
0
h43(W1)
Shawfair (Block Woolmet 1)
Shawfair LLP
2020/21
C
OUT
Aug-14
140
N/A
N/A
28
0
140
0
0
0
0
20
40
40
40
0
0
0
h43(W2)
Shawfair (Block Woolmet 2)
Shawfair LLP
2020/21
C
OUT
Aug-14
70
N/A
N/A
14
0
70
0
0
0
0
0
20
40
10
0
0
0
h44
North Danderhall
Stewart Milne Homes
2000/01
UC
MSC
Oct-20
Jun-21
143
123
20
28
30
113
30
30
48
5
0
0
0
0
0
0
0
h44(AA2&AA3)
North Danderhall (Blocks AA2 &
AA3)
Shawfair LLP / Bellway Homes
2021/22
C
OUT
Aug-14
175
N/A
N/A
35
0
175
20
45
45
45
20
0
0
0
0
0
0
h45(C&D)
South Danderhall (Plots C
&
D)
Bellway Homes
2000/01
UC
MSC
Jun-17
Oct-17
235
211
24
47
231
4
4
0
0
0
0
0
0
0
0
0
0
2023SA1
Newton Church Road
Midlothian Council
2022/23
C
DPP
Jan-23
23
0
23
23
0
23
0
23
0
0
0
0
0
0
0
0
0
Small sites
5
5
0
0
1
1
0
0
1
2
0
0
0
Totals for Shawfair Area
4,787
1,086
261
1,048
325
4,462
73
158
194
271
354
345
366
360
349
358
1,634
Rosewell
Hs14
Rosewell North
David Wilson Homes
2015/16
UC
DPP
Jan-21
Dec-22
100
92
8
25
0
100
15
30
30
25
0
0
0
0
0
0
0
h52&h22
Gorton Loan &
Rosewell Mains
Avant Homes
1994/95
UC
DPP
Dec-15
May-16
290
290
0
40
253
37
37
0
0
0
0
0
0
0
0
0
0
Small sites
4
4
0
0
0
0
0
0
2
2
0
0
0
Totals for Rosewell
394
382
8
65
253
141
52
30
30
25
0
0
2
2
0
0
0
Villages and rural remainder (Midlothian East HMA)
h59
Crichton Road, Pathhead
Muir Homes
2006/07
C
DPP
Jan-22
46
42
4
12
0
46
5
21
20
0
0
0
0
0
0
0
0
2018VR4
Former Cousland Primary School, Cousland
Almond Branch Developments
2018/19
UC
DPP
Mar-18
Oct-18
6
6
0
0
4
2
1
1
0
0
0
0
0
0
0
0
0
2019VR2
Airybank House
Midlothian Developments
2022/23
UC
DPP
Mar-19
Sep-19
4
4
0
0
1
3
1
1
1
0
0
0
0
0
0
0
0
Small sites
22
22
2
3
0
1
2
3
1
2
4
4
0
Totals for villages and rural remainder (Midlothian East HMA)
78
52
4
12
5
73
9
26
21
1
2
3
1
2
4
4
0
Totals for Midlothian East HMA
10,042
2,868
623
2,539
1,021
9,021
417
411
709
531
559
551
553
541
540
519
3,690
Totals for Midlothian
12,861
5,081
963
3,079
1,809
11,052
810
660
1,058
756
760
727
711
662
614
591
3,703
* Indicates that this allocation is accompanied by a 'Safeguarded Site' for future development - see the 'Safeguarded Sites' pages/table for more details.
Page 42 of 148

Page 43

COMPLETIONS &
DEMOLITIONS
In Previous
Year (21/22)
In Total To
03/22
In Current
Year (22/23)
In Total to
03/23
Affd. Only In
22/23
Midlothian West HMA
Loanhead
h54(III)
Ashgrove Phase 3
92
0
25
39
33
72
0
20
2018LH1
Former Paradykes Primary School
86
21
41
81
5
86
0
0
Yes
Completions on small sites
5
Total completions for Loanhead
43
0
Roslin/Bilston
Hs18
Roslin Institute
304
76
28
29
95
124
44
180
Hs19(AreaA)
Roslin Expansion Area A
110
0
0
0
14
14
0
96
Hs19(AreaD)
Roslin Expansion Area D
50
0
0
0
17
17
0
33
Hs16(AreaA)*
Seafield Road Area A
191
48
80
116
21
137
0
54
Hs16(AreaB)*
Seafield Road Area B
31
8
6
6
25
31
8
0
Yes
h55(AreaA)
Seafield Moor Road Area A
190
47
98
115
44
159
0
31
Completions on small sites
1
Total completions for Roslin/Bilston
217
52
Penicuik
h58(AreaA1)
Belwood CALA (at NW
Penicuik)
75
0
27
62
13
75
0
0
Yes
h58(AreaA2)
Belwood Avant (at NW
Penicuik)
87
0
32
63
21
84
0
3
h58(AreasB1&B2)
Nursery West & North (at NW
Penicuik)
78
0
0
0
6
6
0
72
h58(AreaB3)
Nursery East (at NW
Penicuik)
57
57
0
0
22
22
22
35
h58(AreasC&D)
Mauricewood & Mauricewood North (at NW
Penicuik)
110
0
0
0
24
24
0
86
h58(AreaE)
Deanburn (at NW
Penicuik)
91
0
37
45
32
77
0
14
h25(AreaA)
Greenlaw
and Adjacent Land Area A
92
24
0
88
4
92
0
0
Yes
h25(AreaC)
Greenlaw
and Adjacent Land Area C
83
0
42
42
41
83
0
0
Yes
Completions on small sites
1
Total completions for Penicuik
164
22
Villages and rural remainder (Midlothian West HMA)
Completions on small sites
1
0
Total completions for villages and rural remainder (Midlothian West HMA)
1
0
Total completions for Midlothian West HMA
425
74
Midlothian East HMA
Bonnyrigg/Lasswade
Hs10(AreaB)
Dalhousie Mains Area B
78
0
37
55
22
77
0
1
Hs10(AreaD)
Dalhousie Mains Area D
70
70
0
0
70
70
70
0
Yes
Hs11(AreaA)
Dalhousie South Area A
94
0
0
0
12
12
0
82
2020BL1
Lasswade High Street
8
0
5
5
2
7
0
1
Completions on small sites
0
Total completions for Bonnyrigg/Lasswade
106
70
Dalkeith
Hs2
Larkfield West
88
0
10
23
40
63
0
25
h46
Cowden Cleugh
109
27
46
59
32
91
6
18
2020DK1
131 to 133 High Street
4
0
0
0
4
4
0
0
Yes
Completions on small sites
4
Site Name
Site Reference
Site Completed in
22/23?
Total Units
Affd.
Units
Remaining at
04/23
Completions
Page 43 of 148

Page 44

COMPLETIONS &
DEMOLITIONS
In Previous
Year (21/22)
In Total To
03/22
In Current
Year (22/23)
In Total to
03/23
Affd. Only In
22/23
Site Name
Site Reference
Site Completed in
22/23?
Total Units
Affd.
Units
Remaining at
04/23
Completions
Total completions for Dalkeith
80
6
Gorebridge
h36(AreaA)
North Gorebridge Area A
176
0
45
115
45
160
0
16
Completions on small sites
0
Total completions for Gorebridge
45
0
Mayfield/Newtongrange
h37
Cockpen
141
0
31
123
18
141
0
0
Yes
2018MN3
Land South West of Newbattle Community High
School
79
79
0
0
79
79
79
0
Yes
Completions on small sites
1
Total completions for Mayfield/Newtongrange
98
79
Shawfair Area
h43(O)
Shawfair (Block O)
83
18
26
27
37
64
0
19
h44
North Danderhall
143
28
2
2
28
30
0
113
h45(C&D)
South Danderhall (Plots C
& D)
235
47
69
200
31
231
0
4
Completions on small sites
0
Total completions for Shawfair Area
96
0
Rosewell
h52&h22
Gorton Loan & Rosewell Mains
290
40
34
207
46
253
0
37
h69
Whitehill House
26
0
0
0
8
8
0
18
Completions on small sites
0
Total completions for Rosewell
54
0
Villages and rural remainder (Midlothian East HMA)
2018VR2
Lawfield Farm, near Dalkeith
8
0
0
6
2
8
0
0
Yes
2018VR4
Former Cousland Primary School, Cousland
6
0
2
3
1
4
0
2
Completions on small sites
1
Total completions for villages and rural remainder (Midlothian East HMA)
4
0
Total completions for Midlothian East HMA
483
155
Total for Midlothian
908
229
Demolitions
Total in Midlothian for 2022/23 - 1
* Indicates that this allocation is accompanied by a 'Safeguarded Site' for future development - see the 'Safeguarded Sites' pages/table for more details.
Page 44 of 148

Page 45

CONSTRAINED
SITES
MLDP Additional Housing Development Opportunities*
AHs2
Burghlee
Loanhead
10.51
175
•No application since 06/00181/OUT, which was withdrawn.
•Site constraints are due to access and landscaping.
AHs3
Belwood Crescent
Penicuik
1.63
25
No application.
AHs4
Pomathorn Mill, by Penicuik
Villages/rural (west)
3.32
50
•No application.
•Site constraints are due to access and the prominence of the site.
Other Sites
Hs17
Pentland Plants
Roslin/Bilston
3.46
75
Site is currently non-effective. A garden centre business operates from
it and received consent to extend their premises in early 2022.
h55(Rem)
Seafield Moor Road Remainder
Roslin/Bilston
6.62
90
•This is what is left of the whole h55 site after excluding h55(AreaA) in the south. It has consent under 12/00814/PPP and there is
also a pending application (17/00428/MSC) from
Barratt.
•The PPP consent was originally for the whole of h55 and proposed 200 to 250 units. The northern portion is the smaller area and
accounts for around 40%
of the site. Therefore the site capacity of 90 is taken from
40%
of the mid-point of the PPP unit number
(225 * 0.4 = 90).
•This entry was moved to the Constrained Sites worksheet for HLA 2023 as high school and community facilities are planned here
(22/00581/PAC).
2021PK1
Loganbank Lodge
Penicuik
0.32
6
•Consent was granted here in 2021 under 19/00837/PPP. The site has been on the market since at least summer 2022, see -
https://www.rettie.co.uk/properties/15829316/sales/DEV210048
•It was agreed with Homes for Scotland that if there had been no activity since HLA 2022 that it would be moved into the list of
Constrained Sites.
2018VR5
Former Howgate Restaurant
Villages/rural (west)
0.48
7
•Has consent under 18/00148/DPP for two conversions from
the restaurant building and five new
builds. Building warrant
20/00466/BNCO7 is for preparatory works on the two restaurant conversion units, which began in spring 2021. This means that the
consent has been implemented and will not expire.
•Application 20/00274/LA was approved to modify the Section 75 agreement for developer's contributions so that the infrastructure
payment is delayed, in order to increase the site’s commercial viability.
•This site was for sale in March 2023 - https://www.novaloca.com/commercial-land/for-sale/penicuik/188996
2018BL1
51B High Street
Bonnyrigg/Lasswade
0.30
23
•There have been applications for this site since 2008. Consent for 23 flats was originally granted under 08/00094/FUL. This was
extended by 12/00667/DPP, which was then extended by 15/01006/DPP and again by 21/00241/DPP in September 2022.
•Site was advertised for sale in May 2023.
2021BL2
Waverley Terrace
Bonnyrigg/Lasswade
0.12
5
•Consent was granted here for 5 houses in May 2021 under 19/00912/PPP. There had been no detailed application since then,
therefore this site was moved to the Constrained Sites worksheet for HLA 2023.
•Application 23/00408/DPP for two houses was submitted for here after the end of the Audit year. It is in the Council's list of Small
Sites (those less then four units). If consented, this site will be removed from
the Main Audit.
Hs5
Thornybank North
Dalkeith
1.08
15
•A supermarket has been built under 20/00220/DPP on the half of this site closest to the road. The developer argued that the original
capacity of 30 units would still be achievable on the remainder of the site, however its capacity in the Audit has been reduced by 50%
until such time as a housebuilder proposes a design which demonstrates that it can still accommodate the full 30 units as indicated in
the MLDP. The site area has been reduced by 50%
too.
•This entry was moved to the Constrained Sites worksheet for HLA 2023 as there has been no activity in relation to it.
2019DK1
Glenesk House
Dalkeith
1.33
30
•Development by Viewpoint Housing Association for 30 extra care flats under 18/00586/DPP and 18/00596/BDERMD.
•The buildings previously on site were demolished in 2021 and there has been no further activity since.
•This site is no longer listed in the SHIP report.
Remaining UnitsComments
Site Reference
Site Name
Settlement
Area
(ha)
Page 45 of 148

Page 46

2018DK2
Wester Cowden Farm
Dalkeith
1.82
25
• Applications 16/00359/PPP (expired), 20/00468/MSC
(pending), 20/00653/MSC
(pending), 21/00083/MSC
(pending) for here are
from
the LAR Housing Trust. Building warrant 21/00524/BDERMD
is for 25 units.
o 20/00468/MSC
is for 25 units and deals with the main conditions of the PPP consent such as layout and phasing.
o 20/00653/MSC
relates to conditions such as tree planting and broadband provision.
o 21/00083/MSC
relates to conditions such as art, archaeology and possible contamination.
• 16/00359/PPP is for a maximum
of 25 units and application 18/00759/S42 previously sought to modify it to allow
more, but was
refused.
• A visit in 2022 confirmed that the site had been cleared.
• This was moved to the Constrained Sites worksheet for HLA 2023 following it not having progressed substantially for some time.
2022DK1
Land Between 23A and 37
Newmills Road
Dalkeith
0.12
4
• Consent was given for four townhouses at this site under 21/00612/DPP in July 2022.
• The site was marketed in August 2022 and remains for sale as of the base date of the HLA. It was being used as part of the site
compound for the neighbouring h12 social housing development in summer 2023.
h40
Vogrie Road
Gorebridge
6.92
16
• This site was originally developed by Mansell Homes, who are now
part of Balfour Beatty.
• There were originally three phases here that totalled 90 units – 39 in phase 1, 40 in phase 2 and 11 in phase 3. 17/00824/DPP later
superseded those plans for phase 3 and replaced the original layout of 11 homes with 14 to increase the site capacity to 93.
• The total capacity of this site is actually 93 units, but 77 have already been built. This consists of all of phase 1 and all of phase 2,
with the exception of plots 50 and 51 from
the latter. As no work has taken place on these units or phase 3 for some time, this site
was moved into the Constrained Sites worksheet for HLA 2023.
282
25 Newbattle Road
Mayfield/Newtongrange
0.44
8
11/00131/DPP was granted in 2013. Work started under building warrant 16/00349/BDERSD
and a notification of commencement of
the development was submitted. However, no activity on site since meant it was marked as stalled for HLA19.
2021SA1
Former Cockatoo Restaurant
Shawfair Area
0.45
10
• 20/00314/DPP and building warrant 22/00423/BDERMD
for 10 units at this site.
• The existing buildings have yet to be demolished.
2017SA1
Land South of Hilltown House
Shawfair Area
0.76
4
This site was consented at the Local Review
Body on 21/04/2017 under 12/00111/DPP. This consent was extended until 31/03/2023
due to the Coronavirus Act. Building warrant 22/00042/BDERMD
indicates that work has since started.
h69
Whitehill House
Rosewell
0.22
18
• This entry is linked with site h70 in the row
below.
• All 8 units from
15/00175/BDCOMD
were completed in 2022/23. These are at the former stables buildings with a further 18 to
come from
the conversion of the main house itself.
• The intermittent delivery of units here across both sites coupled with a possible change of plans for this development and feedback
from
Homes for Scotland have led to it being retained in the Constrained Sites worksheet. However, it is possible it will be moved into
the Main Schedule in future audits depending on later activity.
h70
The Grounds of Whitehill House
Rosewell
36.04
84
• This entry is linked with site h69 in the row
above.
• Building warrant 12/00443/BWERD
is for 10 units here which were completed at Cluster D. It was originally for 8 plots but was
amended to add 2 more. No further development at the other clusters has taken place.
• The intermittent delivery of units here across both sites coupled with a possible change of plans for this development and feedback
from
Homes for Scotland have led to it being retained in the Constrained Sites worksheet. However, it is possible it will be moved into
the Main Schedule in future audits depending on later activity.
2021VR1
Newbattle Home Farm
Villages/rural (east)
0.77
11
• Comprises two conversions from
existing farm
buildings and nine new
houses under 19/00756/DPP.
• The majority of the buildings on the site need to be demolished before work on the new
units starts.
• This site was sold in 2021 but there has been no further activity since.
2023VR1
Barley Dean
Villages/rural (east)
0.73
6
• Application 21/00453/PPP, which was originally for eight houses, but later revised down to six. This was approved at the LRB in
February 2023.
• A subsequent application for five houses has been refused since the end of the Audit year (23/00003/DPP).
Page 46 of 148

Page 47

2018VR1
Fordel
Villages/rural (east)
3.21
60
•PPP consent here for 60 units.
•There were plans for 78 units across the site in three phases, as shown on the phasing plan for 18/00344/MSC. 18/00343/MSC
and
18/00344/MSC
covered the first two and were for 28 and 16 units respectively. 19/00691/MSC
repositioned some blocks covered by
18/00343/MSC
but did not change the overall numbers.
•21/00189/MSC
was submitted in 2021 and is still pending. It proposed a new
phasing schedule involving the LAR Housing Trust
developing 24 units as part of a new
phase 1. Phase 2 would consist of 34 units at the north of the site. The final residential phase
would see 20 units built as the affordable housing portion.
•The site was marked as constrained for HLA 2022 as it hasn’t delivered any units since MSC
consent in November 2018, has
drainage issues, complications with ownership and the delivery of affordable housing. This was the approach agreed with Homes for
Scotland when reviewing HLA 2021. Nevertheless, the demolition of buildings on the site means that the development has
commenced.
•Applications for the site are 13/00780/PPP, 18/00343/MSC, 18/00344/MSC, 19/00691/MSC, 21/00189/MSC
(pending). A new
application was submitted in March 2023 and proposes 17 units across the north of the site (23/00213/MSC). It is in the Large
Windfall Applications worksheet.
Total
747
*These are sites that have development uncertainties, so their potential contribution is not guaranteed during the plan period and they are therefore not relied upon as part of the required housing allocations. See MLDP policy STRAT4.
Page 47 of 148

Page 48

SAFEGUARDED
SITES
Hs16 SC
Seafield Road, Safeguarded Capacity
Roslin/Bilston
11.54
200
50
• No development activity here at present.
• Work is ongoing on the regular/allocated portion of Hs16 but is not expected to be finished until after 2030, therefore
Hs16 SC
is unlikely to be released/required until this time. Programming estimates are therefore 40 units per year from
2031/32 onwards until complete.
Hs7 SC
Redheugh West (Phase 2), Safeguarded
Capacity
Gorebridge
17.45
200
50
• Hs7 SC
is associated with Hs7 and h50 to the east. All are dependent on a bridge being constructed over the
Borders Rail line for access.
• h50 has consent in principle and an application for consent in principle for Hs7 is pending.
• h50 would be built first, then Hs7, then Hs7 SC. Given this, and the large number of units to be built on each,
construction on Hs7 SC
would likely not start until many years after the last programming year in the Audit’s Main
Schedule unless other developers come on board, which there is no indication of currently. Given this, estimating
programming for this site is not worthwhile at this stage.
• There is a mistake in the LDP in table 3A
(page 164). It lists 200 units as the capacity of Hs7 and 400 as the capacity
of Hs7 SC. This is the wrong way round and HLA
2023 corrects this.
Hs0 SC
Cauldcoats, Safeguarded Capacity
Shawfair Area
10.48
200
50
• Application 14/00910/PPP is approved for this site and proposes development on both Hs0 and Hs0 SC. The consent
specified that it applies only for phase one (Hs0) and this will mean that the safeguarded portion would be phase two.
• An application to increase the number of units on phase 1 from
350 to 430 was approved in 2022 and a further
detailed application has been lodged
since (22/00604/MSC).
• Based on the current layout and programming for Hs0, estimated programming for Hs0 SC
is therefore 65 units per
year starting in 2033/34 until complete.
Total
600
150
These are extensions to MLDP housing allocations that allow
for further expansion of those sites in the medium
to long term. They can be
brought forward through the next development plan, if this is required and considered acceptable in place-making terms.
Comments
Affd.
Units
Site Reference
Site Name
Total
Units
Area (ha)
Settlement
Page 48 of 148

Page 49

SITE NOTES
Site Reference
Site Name
Developer (or Owner)
Land Supply
Source
Total Units
Site Area
(ha)
Density
(units/ha)
Brownfield /
Greenfield?
Planning Application Reference(s)
Building Warrant Reference(s)
Comments
Midlothian West HMA
Loanhead
h54(III)
Ashgrove Phase 3
Dandara Homes
MLP 2008
92
4.22
21.80
Greenfield
09/00354/OUT, 18/00243/MSC,
18/00469/MSC, 18/00556/MSC,
20/00264/DPP, 20/00694/MSC
18/00296/BDERMD
- 13 units,
18/00310/BDERMD
- 35 units,
21/00226/BDERMD
- 44 units
• The marketing name of this site is ‘Ashgrove’.
• Application 20/00264/DPP amended some house types but did not change the overall number of units.
It was incorporated into 20/00694/MSC, which changed some house types and positions of plots but not
the overall number of units.
• Completion of this site is expected in 2023/24. There were 20 units remaining as of 31/03/2023, of
which five have since been built. This site has delivered in excess of this number in previous years.
2018LH1
Former Paradykes Primary School
Barratt Homes
Windfall
86
2.78
30.94
Brownfield
15/00712/PPP, 18/00060/MSC
18/00175/BDERMD
- 86 units
• The marketing name for this site is ‘Mayburn Walk’.
• Site completed in the current audit year and will not feature in HLA 2024.
2022LH1
Former Thornlea Nursing Home
Mr R Law
&
Mr Patrick Black
Windfall
4
0.18
22.22
Brownfield
22/00192/DPP, 22/00624/DPP
22/00204/BDCOMD
- 2 units,
22/00534/BDCOMD
- 2 units
• This is the conversion of a former nursing home.
• 22/00192/DPP is for forming two units from
the original building and the coach house at the back and is
associated with building warrant 22/00204/BDCOMD.
• 22/00624/DPP is for creating two units from
the modern side extension and is associated with building
warrant 22/00534/BDCOMD.
• Work has commenced and significantly progressed since the end of the Audit year. At least one unit is
complete and others are for sale. A site visit in June 2023 confirms all units are likely to be completed in
2023/24.
Small sites
6
• Six units across five sites.
• One unit is under construction, one unit has planning consent and a pending building warrant
application, one unit has a planning consent but no building warrant application and three units have a
pending planning application or PPP consent only.
Loanhead
Roslin/Bilston
Hs18
Roslin Institute
Taylor Wimpey
MLDP
304
16.63
18.28
Brownfield
13/00877/PPP, 18/00499/MSC,
20/00011/MSC, 20/00196/MSC,
20/00581/MSC
(pending), 22/00736/MSC
19/00318/BDERMD
- 304 units
• The marketing name for this site is ‘Sinclair Gardens’.
• Application 20/00011/MSC
refers to conditions from
the PPP consent regarding drainage systems,
20/00196/MSC
refers to play areas and ground investigations, 20/00581/MSC
refers to art and
22/00736/MSC
refers to walls and fences.
Hs19(AreaA)
Roslin Expansion Area A
David Wilson Homes
MLDP
110
6.62
16.62
Greenfield
18/00535/PPP, 20/00146/MSC
20/00519/BDERMD
- 110 units
• The marketing name for the wider Hs19 site is ‘St. Clair Mews’.
• 18/00535/PPP and 20/00146/MSC
are joint applications from
David Wilson Homes and CALA.
• This is the second phase of David Wilson’s development at Hs19. This site was formerly a single entry in
the Audit as Hs19(AreaA) but was split for HLA 2023. The first phase of the David Wilson development
here is Hs19(AreaB), the 53 affordable units here are Hs19(AreaC) and the CALA portion of the site is
now
Hs19(AreaD).
• This site involves three groups of homes which have 35, 43 and 32 units, all of which are covered under
building warrant 20/00519/BDERMD.
Hs19(AreaB)
Roslin Expansion Area B
David Wilson Homes
MLDP
51
3.60
14.17
Greenfield
18/00703/DPP
19/00086/BDERMD
- 51 units
• The marketing name for the wider Hs19 site is ‘St. Clair Mews’.
• This is the first phase of David Wilson’s development here.
• The only unit remaining is the show
home for all of David Wilson Homes’ portions of Hs19. This is
programmed to be completed when the rest of their units are finished.
Hs19(AreaC)
Roslin Expansion Area C
David Wilson Homes
MLDP
53
1.58
33.54
Greenfield
18/00535/PPP, 20/00146/MSC
20/00507/BDERMD
- 53 units
• The marketing name for the wider Hs19 site is ‘St. Clair Mews’.
• This is the affordable portion of site Hs19.
• Programming is based on expected completions outlined in the Council’s SHIP report and from
observing that all units were under construction during a site visit in June 2023.
Hs19(AreaD)
Roslin Expansion Area D
CALA
MLDP
50
3.03
16.50
Greenfield
18/00535/PPP, 20/00146/MSC
20/00518/BDERMD
- 50 units
• The marketing name for this site is ‘Glenacre’.
• This is the CALA portion of site Hs19. It involves two groups of houses of 35 units and 15 units. All are
covered under 20/00518/BDERMD.
• 18/00535/PPP and 20/00146/MSC
are joint applications from
David Wilson Homes and CALA.
• This site was formerly part of Hs19(AreaA) but was split for HLA 2023.
Hs16(AreaA)*
Seafield Road Area A
Taylor Wimpey
MLDP
191
8.67
22.03
Greenfield
17/00968/DPP
18/00267/BDERMD
- 191 units
• The marketing name of the wider Hs16 site is ‘Pentland Green’.
• This is the western portion of Hs16.
Hs16(AreaB)*
Seafield Road Area B
Taylor Wimpey
MLDP
31
2.64
11.74
Greenfield
19/01019/DPP
20/00052/BDERMD
- 31 units
• The marketing name of the wider Hs16 site is ‘Pentland Green’.
• Site completed in the current audit year and will not feature in HLA 2024.
Hs16(AreaC)*
Seafield Road Area C
Taylor Wimpey
MLDP
214
12.89
16.60
Greenfield
19/01039/PPP
22/00449/BDCOMD
(pending) - 140 units,
22/00585/BDERMD
(pending) - 78 units,
22/00603/BDERMD
(pending) - 15 units
• This is the portion of Hs16 that is not covered by Hs16(AreaA) or Hs16(AreaB).
• Minded to consent at the August 2021 Planning Committee.
• Programming assumes work commencing here after the completion of Hs16(AreaA).
h55(AreaA)
Seafield Moor Road Area A
Barratt Homes
MLP 2008
190
9.89
19.21
Greenfield
12/00814/PPP, 19/00321/MSC
18/00338/BDERMD
- 35 units,
18/00341/BDERMD
- 155 units
• The marketing name of this site is ‘Pentland View’.
• This is the southern half of h55. The PPP application covers it all however the northern portion is
earmarked as the site of a new
high school and community facilities. It has been moved into the
‘Constrained Sites’ worksheet as a result.
• Site visited in May 2023. The ‘final phase’ was being advertised and from
this and past completions, it is
expected that this site will be completed in 2023/24.
Small sites
2
• Two units across two sites.
• Both units are under construction.
Roslin/Bilston
Penicuik
h58(AreaA1)
Belwood CALA (at NW
Penicuik)
CALA
MLP 2008
75
6.41
11.70
Greenfield
17/00068/DPP
18/00039/BDERMD
- 75 units
• The marketing name for this site is ‘Belwood Oaks’.
• Phase 1 of h58.
• Site completed in the current audit year and will not feature in HLA 2024.
Page 49 of 148

Page 50

SITE NOTES
Site Reference
Site Name
Developer (or Owner)
Land Supply
Source
Total Units
Site Area
(ha)
Density
(units/ha)
Brownfield /
Greenfield?
Planning Application Reference(s)
Building Warrant Reference(s)
Comments
h58(AreaA2)
Belwood Avant (at NW
Penicuik)
Avant Homes
MLP 2008
87
5.65
15.40
Greenfield
17/00068/DPP, 18/00847/DPP
18/00099/BDCOMD
- 87 units
• The marketing name for this site is ‘Carnethy Heights’,
• Phase 1 of h58.
•18/00847/DPP
amendsthehousetypesapprovedintheoriginalapplicationbutdoesnotchangethe
overall number of units.
h58(AreasB1&B2)
Nursery West &
North (at NW
Penicuik)
Avant Homes
MLP 2008
78
7.24
10.77
Greenfield
17/00068/DPP, 22/00253/DPP (pending)
21/00601/BDERMD
- 42 units,
22/00529/BDERMD
(pending) - 35 units
• The marketing name for this site is ‘Carnethy Heights’,
• Application 22/00253/DPP seeks to change the house types and plot numbers but not the number of
units. These are units covered by 22/00529/BDERMD. It was minded to be consented at the March 2023
Planning Committee.
• Programming is based on observations from
a site visit in June 2023 and previous completions figures
from
Avant’s earlier phase of this site.
h58(AreaB3)
Nursery East (at NW
Penicuik)
Dunedin Canmore
MLP 2008
57
2.58
22.09
Greenfield
17/00068/DPP, 19/00576/DPP, 20/00088/DPP
19/00560/BDERMD
- 57 units
• SHIP site.
• Application 19/00576/DPP added another 5 units compared to the original consent. Application
20/00088/DPP changed the heights of the two blocks of flats but did not alter the number of units or their
plot numbers.
• A site visit in May 2023 confirmed that this site will be completed in 2023/24.
h58(AreasC&D)
Mauricewood &
Mauricewood North (at NW
Penicuik)
CALA
MLP 2008
110
7.87
13.98
Greenfield
17/00068/DPP, 23/00100/DPP
18/00134/BDERMD
- 106 units
• The marketing name for this site is ‘Belwood Oaks’.
• Originally labelled plots 1 – 110, but now
numbered 76 – 185 as this area follows on from
h58(AreaA1)
which was CALA’s first phase here that had 75 units.
• 23/00100/DPP changes the house types on 9 plots but doesn’t alter development numbers or the
layout.
• Programming is based on observations from
a site visit in May 2023 and past completions figures at
CALA's earlier phase of this site.
h58(AreaE)
Deanburn (at NW
Penicuik)
Bellway Homes
MLP 2003
91
6.86
13.27
Greenfield
17/00068/DPP, 19/00727/DPP
19/00241/BDERMD
- 91 units
• The marketing name of this site is ‘Ladywood View’.
• Site visited in May 2023 and will be completed in 2023/24.
h58(AreaF)
Rullion Road (at NW
Penicuik)
Midlothian Council
MLP 2008
68
6.18
11.00
Greenfield
17/00068/DPP
• SHIP site.
• This is the second (and last) affordable phase of h58.
• Programming is taken from
the Council’s latest SHIP report but pushed back a year as there is no
building warrant or construction activity, and also in response to feedback from
Homes for Scotland.
h25(AreaA)
Greenlaw
and Adjacent Land Area A
Taylor Wimpey
MLP 2003
92
4.92
18.70
Greenfield
12/00745/DPP
10/00543/BWERD
- 92 units
• The marketing name of the wider h25 site is ‘Greenlaw
Mains’.
• Site completed in the current audit year and will not feature in HLA 2024.
h25(AreaC)
Greenlaw
and Adjacent Land Area C
Taylor Wimpey
MLP 2003
83
5.65
14.69
Greenfield
19/00256/DPP, 19/00263/DPP
19/00280/BDERMD
- 83 units
• The marketing name of the wider h25 site is ‘Greenlaw
Mains’.
• Site completed in the current audit year and will not feature in HLA 2024.
h25(AreaD)
Greenlaw
and Adjacent Land Area D
Taylor Wimpey
MLP 2003
221
11.77
18.78
Greenfield
21/00466/DPP, 22/00320/DPP
21/00067/BDERMD
- 221 units,
23/00002/BDERMD
(pending) - 85 units,
23/00002/BDERMD/A (pending) - 3 units
• The marketing name of the wider h25 site is ‘Greenlaw
Mains’.
• Application 22/00320/DPP replaces the original design for plot 601. It does not change the numbers on
site.
• Programming is based on observations from
a site visit in May 2023 and actual completions from
previous phases of this development.
2020PK1
Windsor Square
Ark Housing Association
Windfall
12
0.24
50.00
Brownfield
19/00510/DPP
• SHIP site.
• Discussions with the applicant are ongoing regarding possible amendments and construction
arrangements. The site is also in the Council’s latest SHIP report, therefore it can still be considered
effective. Programming in the Main Schedule follows that provided in the SHIP report.
2022PK1
Kentigern Mall
Sheet Anchor Evolve (London) Ltd.
Windfall
7
0.08
87.50
Brownfield
21/00335/DPP
Small sites
15
• 15 units across 9 sites.
•Threeunitsareunderconstruction,oneunithasplanningconsentandabuildingwarrantgrantedbutis
notunderconstruction,fiveunitshaveplanningconsentandapendingbuildingwarrantapplication,five
unitshave
planning
consentbutno
building
warrantapplication
and
one
unithasa
pending
planning
application.
Penicuik
Villages and rural remainder (Midlothian West HMA)
Hs20
Auchendinny
Bellway Homes
MLDP
395
21.87
18.06
Greenfield
20/00089/DPP, 22/00848/DPP (pending),
23/00333/DPP (pending)
22/00514/BDERMD
(pending) - 395 units
• The marketing name for this site is ‘Dalmore Grange’.
• Application 22/00848/DPP from
Bellway has been consented since the end of the Audit year. It
proposes 395 units, supersedes 20/00089/DPP and involves three phases. The private housing phases
would be 97, 120 and 80 units each. The phasing of the affordable portions are not detailed, other than it
being stated that affordable housing will be delivered in each phase.
• 23/00333/DPP was submitted after the end of the Audit year and is for an amendment of house types at
plots 47, 49, 71, 385 – 387 and 389 – 391.
• Programming for the market component of this development is based on Bellway’s completions at their
h58(AreaE) site nearby in Penicuik. High completions for particular years are due to phases of affordable
housing being built alongside the market units.
AHs1
Rosslynlee, near Penicuik
Oakridge Group
MLDP
215
17.92
12.00
Brownfield
17/00980/PPP, 17/01001/DPP, 22/00160/DPP
19/00380/BDAEX - 2 units,
21/00073/BDCOSD
- 1 unit,
23/00025/BDERMD
(pending) - 54 units
• The marketing name for this site is ‘St. Margarets’.
• Following the 'North Park' portion of Rosslynlee now
being developed by Robertson Homes, there are
three remaining areas of this development:
o Rosslyn Grange – 72 units;
o Village Core – 29 units; and
o South Park – 114 units.
• In spring 2023, Carmichael Homes were advertising their intentions to develop 26 detached units as
part of this site, while 23/00025/BDERMD
for another 54 units is from
a further developer (Bancon
Homes).
Page 50 of 148

Page 51

SITE NOTES
Site Reference
Site Name
Developer (or Owner)
Land Supply
Source
Total Units
Site Area
(ha)
Density
(units/ha)
Brownfield /
Greenfield?
Planning Application Reference(s)
Building Warrant Reference(s)
Comments
AHs1(NP)
North Park (at Rosslynlee)
Robertson Homes
MLDP
121
7.98
15.16
Greenfield
22/00616/MSC
22/00410/BDERMD
(pending) - 121 units
• The marketing name for the wider Rosslynlee development is ‘St. Margarets’.
• Following the 'North Park' portion of Rosslynlee now
being developed by Robertson Homes, there are
three remaining areas of this development:
o Rosslyn Grange – 72 units;
o Village Core – 29 units; and
o South Park – 114 units.
• In spring 2023, Carmichael Homes were advertising their intentions to develop 26 detached units as
part of this site, while 23/00025/BDERMD
for another 54 units is from
a further developer (Bancon
Homes).
AHs5
Wellington School, by Howgate
Lochay Homes
MLDP
46
6.78
6.78
Brownfield
20/00144/DPP
Approved at appeal in October 2022.
Small sites
29
• 29 units across 24 sites.
•
3
units
are
underconstruction,4
units
have
planning
consentand
a
pending
building
warrant
application,12
units
have
planning
consentbutno
building
warrantapplication
and
10
units
have
a
pending planning application or PPP consent only.
Villages and rural remainder (Midlothian West HMA)
Midlothian East HMA
Bonnyrigg/Lasswade
Hs10(AreaA)
Dalhousie Mains Area A
Walker Group / Springfield
MLDP
27
2.31
11.69
Greenfield
16/00712/PPP, 16/00855/DPP, 18/00333/DPP
17/00437/BDERMD
- 27 units
• The marketing name for the wider Hs10 site is ‘One Dalhousie’.
• This site is a small portion in the south of the wider Hs10 allocation (see the rows below).
• Planning consent here is actually for 28 units, but the building warrant excludes plot 28, which is on the
opposite side of the road to the rest of the units and which may not be built.
• The final remaining plot is the show
home (plot 19).
Hs10(AreaB)
Dalhousie Mains Area B
Walker Group / Springfield
MLDP
78
3.40
22.94
Greenfield
16/00712/PPP, 18/00539/MSC
19/00141/BDERMD
- 78 units
• The marketing name for the wider Hs10 site is ‘One Dalhousie’.
• This is the second phase of Hs10.
Hs10(AreaC)
Dalhousie Mains Area C
Walker Group / Springfield
MLDP
103
5.15
20.00
Greenfield
16/00712/PPP, 18/00399/MSC,
18/00538/MSC, 21/00056/MSC
21/00530/BDERMD
- 103 units
• The marketing name for the wider Hs10 site is ‘One Dalhousie’.
• Applications 18/00399/MSC
and 18/00538/MSC
relate to conditions over matters such as phasing
schedules and landscaping works for the whole of Hs10. They are not related to unit layout and numbers.
• Programming is based on observations from
a site visit in June 2023, completions rates from
earlier
portions of this site and figures from
the developer.
Hs10(AreaD)
Dalhousie Mains Area D
Walker Group / Springfield
MLDP
70
1.32
53.03
Greenfield
16/00712/PPP, 19/00685/MSC
19/00468/BDERMD
- 70 units,
21/00705/BDCOMD
- 56 units,
22/00413/BDERMD
(pending) - 24 units
• The marketing name for the wider Hs10 site is ‘One Dalhousie’.
• This is the affordable housing portion of Hs10.
• Site completed in the current audit year and will not feature in HLA 2024.
Hs11(AreaA)
Dalhousie South Area A
Bellway Homes
MLDP
94
5.57
16.88
Greenfield
21/00227/DPP, 21/00228/DPP, 21/00230/DPP
21/00286/BDERMD
- 94 units
• The marketing name for the wider Hs11 site is ‘Dalhousie Way’.
• Programming is based on completions so far and observations from
a site visit in June 2023.
Hs11(AreaB)
Dalhousie South Area B
Bellway Homes
MLDP
146
12.20
11.97
Greenfield
18/00740/DPP, 23/00153/DPP (pending),
23/00159/DPP (pending)
22/00532/BDERMD
(pending) - 61 units
• The marketing name for the wider Hs11 site is ‘Dalhousie Way’.
• The pending planning applications are from
Bellway. Programming is based on them
starting on this
portion of the site when their work has finished on Hs11(AreaA).
Hs11(AreaC)
Dalhousie South Area C
Walker Group / Springfield
MLDP
80
1.80
44.44
Greenfield
18/00743/PPP, 21/00816/DPP, 21/00860/DPP,
22/00026/MSC
(pending)
• 22/00026/MSC
will supersede the other three previous applications here and comprise all the
affordable units for the wider Hs11 site. It has been approved after the end of the Audit year.
• Programming is based on observations from
a site visit in June 2023, that outlined in the Council’s latest
SHIP report and figures from
the developer.
Hs12* &
Hs12 SC
Hopefield Farm
2 &
Hopefield Farm
2,
Safeguarded Capacity
Taylor Wimpey
MLDP
1032
55.86
18.47
Greenfield
20/00151/PPP (pending)
• Application 20/00151/PPP was minded to be consented at the April 2021 Planning Committee.
• It covers both Hs12 and Hs12 SC
as it was agreed in pre-application discussions that both would be
included in the masterplan to ensure the best possible design and their integration. Hs12 SC
is the
safeguarded portion of the site and has been moved from
the Safeguarded Sites table into the Main
Schedule for HLA 2023 to reflect this.
• Condition 2 of the consent associated with 20/00151/PPP permits up to 1,032 across the two sites.
243
Former garage, Elm
Row
Lasswade Townhouse Development
Company
Windfall
7
0.18
38.89
Brownfield
03/00390/FUL, 07/00721/FUL, 20/00527/DPP
09/00449/BWALCO
- 2 units,
21/00179/BDERMD
- 5 units
• Originally, consent was granted under application 03/00390/FUL for four new
houses and the
conversion of the former garage building into two houses.
• Before construction started, another application was submitted (07/00721/FUL) for six new
houses and
the conversion of the former garage building into two houses. This was not determined prior to the
previous application expiring, therefore work started under that and this new
application was left to expire
without any further work taking place. This means the prior application is still valid. The work resulted in
the garage conversion into two houses being complete under building warrant 09/00449/BWALCO.
• Two other applications (19/00470/DPP and 19/00742/DPP) were later withdrawn, while a third
(20/00527/DPP) was consented. Future building work will take place under this application.
• Construction has started, with the site being cleared and bank stabilisation works having taken place.
Homes at the development are also being marketed.
2020BL1
Lasswade High Street
Dimension Homes Ltd.
Windfall
8
0.56
14.29
Brownfield
18/00382/DPP, 21/00773/DPP
19/00212/BDERMD
- 8 units
• The marketing name for this site is ‘School Green Close’.
• Application 21/00773/DPP proposes minor layout amendments, but does not change unit numbers.
2021BL1
Burnbrae Road
Midlothian Council
Windfall
20
0.47
42.55
Greenfield
20/00397/DPP
20/00425/BDERMD
- 10 units,
20/00426/BDERMD
- 10 units
• SHIP site built to Passivhaus standards.
• Programming is based on observations from
a site visit in June 2023 and expected completions from
the Council’s latest SHIP report.
Page 51 of 148

Page 52

SITE NOTES
Site Reference
Site Name
Developer (or Owner)
Land Supply
Source
Total Units
Site Area
(ha)
Density
(units/ha)
Brownfield /
Greenfield?
Planning Application Reference(s)
Building Warrant Reference(s)
Comments
2021BL3
Moorfoot Place
Midlothian Council
Windfall
46
0.91
50.55
Brownfield
21/00552/DPP
21/00664/BNER5 - 46 units
• SHIP site.
• Development also includes a day care centre and an intermediate care facility (though they don’t count
towards the Audit numbers).
• Programming is taken from
the Council’s latest SHIP report but pushed back one year to account for
the fact that construction had not started as of summer 2023 and the associated building warrant was
not approved. Homes for Scotland requested this approach also.
2021BL4
Cockpen Terrace
Mears Group
Windfall
16
0.50
32.00
Brownfield
19/01029/DPP
20/00373/BDERMD
- 16 units
• SHIP site.
• Programming is based on observations from
a site visit in June 2023.
2022BL1
High Street
Midlothian Council
Windfall
20
0.19
105.26
Brownfield
21/00939/DPP
22/00223/BDERMD
- 20 units
• SHIP site.
• Programming is based on observations from
a site visit in June 2023 and expected completions from
the Council’s latest SHIP report, though the delivery of the units in 2024/25 is also possible.
Small sites
7
• Seven units across seven sites.
•Fourunits
are
underconstruction,one
unithas
planning
consentand
a
pending
building
warrant
application and two units have planning consent but no building warrant application.
Bonnyrigg/Lasswade
Dalkeith
Hs2
Larkfield West
Dandara Homes
MLDP
88
4.85
18.14
Greenfield
14/00420/PPP, 19/00010/MSC, 20/00652/MSC
18/00499/BDERMD
- 23 units,
19/00372/BDERMD
- 61 units,
21/00223/BDERMD
- 65 units
• The marketing name for this site is ‘Eskbank Gardens’.
• Hs2 and Hs3 are one overall phased development by Dandara.
• 19/00010/MSC
proposed 134 units in total, with 84 on Hs2 and 50 on Hs3. 20/00652/MSC
supersedes
it and sees 88 units being built on Hs2. It does not amend Hs3.
• Programming is based on observations from
a site visit in June 2023 and past completions rates
elsewhere on this site.
Hs3
Larkfield South West
Dandara Homes
MLDP
65
2.84
22.89
Greenfield
14/00420/PPP, 19/00010/MSC, 22/00091/MSC
19/00427/BDERMD
- 50 units,
22/00212/BDERMD
- 30 units,
22/00362/BDERMD
- 35 units
• The marketing name for this site is ‘Eskbank Gardens’.
• Hs2 and Hs3 are one overall phased development by Dandara. All the affordable units are on Hs3.
• 22/00091/MSC
revises the layout for Hs3 with 65 units rather than the 50 consented under
19/00010/MSC.
• Programming is based on observations form
a site visit in June 2023, site layout and types of units, as
well as programming for the affordable units as outlined in the Council’s latest SHIP report.
• Construction has started here since the end of the Audit year.
h46
Cowden Cleugh
Bellway Homes
MLP 2008
109
8.79
12.40
Greenfield
14/00444/PPP, 18/00678/MSC, 19/00338/MSC
18/00548/BDERMD
- 82 units,
20/00101/BDERMD
- 27 units
• The marketing name for this site is ‘Summerville Gardens’.
• 109 units are being built across four phases.
• 18/00548/BDERMD
is for the market units and 20/00101/BDERMD
is for the affordable units.
• Programming for this site is based on observations from
a visit in June 2023 and past completions
rates.
h12
Former Dalkeith High School
Midlothian Council
Pre-2003 MLP
92
3.26
28.22
Brownfield
19/01016/DPP, 19/01024/DPP
19/00528/BDERMD
- 44 units,
19/00535/BDERMD
- 48 units
• SHIP site also known as 'Newmills Road'.
• Application 19/01016/DPP is for 44 units and 19/01024/DPP is for 48 extra care units.
• Programming is based on observations from
a site visit in June 2023. The development is nearly
complete and all the units will be released in one batch.
2020DK1
131 to 133 High Street
SRS Scotland Ltd
Windfall
4
0.02
200.00
Brownfield
19/01002/DPP, 20/00055/LBC
20/00082/BDCOMD
- 4 units
• Site retrospectively added to HLA 2023 from
the Small Sites records following the Audit now
detailing
sites of 4 or more units rather than 5 or more.
• Site completed in the current Audit year and will not feature in HLA 2024.
2021DK1
Buccleuch Street
Midlothian Council
Windfall
10
0.10
100.00
Brownfield
20/00595/DPP, 21/00503/DPP
20/00532/BDERMD
- 10 units
• SHIP site built to Passivhaus standards.
• Application 21/00503/DPP is an amendment to 20/00595/DPP.
• Building warrant 20/00532/BDERMD
has 12 plots in it, but 2 of these are for the retail units.
• Programming is based on observations from
a site visit in June 2023.
2022DK1
Kippielaw
Hatchery
Mr Graham
Roberts
Windfall
5
0.62
8.06
Brownfield
20/00349/DPP
• Site is currently under offer - https://hallidayhomes.co.uk/property/kippielaw-hatchery-dalkeith-eh22/
• Will be reviewed for progress in HLA 2024 and moved to the Constrained Sites worksheet if there is no
further activity.
Small sites
12
• 12 units across 8 sites.
•One
unitis
underconstruction,five
units
have
planning
consentand
a
pending
building
warrant
application,two
unitshaveplanning
consentbutno
building
warrantapplication
and
fourunitshavea
pending planning application or PPP consent only.
Dalkeith
Gorebridge
Hs7*
Redheugh West (Phase 2)
(Old Road Securities Plc)
MLDP
400
24.36
16.42
Greenfield
21/00374/PPP (pending)
• Dependent on utilities and roads connections from
h50 to the east, including a new
bridge over the
Borders Rail line. Therefore, programming is scheduled for after h50.
• Application 21/00374/PPP does not specify a number of units.
• There is a mistake in the LDP in table 3A (page 164). It lists 200 units as the capacity of Hs7 and 400
as the capacity of Hs7 SC. This is the wrong way round and HLA 2023 corrects this.
h50(1A)
Redheugh / Prestonholm
new
community (Phase
1A)
(Old Road Securities Plc) / Barratt
Homes
MLP 2008
135
7.60
17.76
Greenfield
15/00045/PPP, 23/00416/MSC
(pending)
• 23/00416/MSC
was submitted after the end of the Audit year. Like 15/00045/PPP, it covers all of h50. It
proposes 685 units, including 174 affordable, across 3 phases. This part of h50 is included in phase 1.
h50 may be split differently in future Audits to reflect these phases.
• Programming is based on communications between the developer and the Council from
earlier in 2023.
Page 52 of 148

Page 53

SITE NOTES
Site Reference
Site Name
Developer (or Owner)
Land Supply
Source
Total Units
Site Area
(ha)
Density
(units/ha)
Brownfield /
Greenfield?
Planning Application Reference(s)
Building Warrant Reference(s)
Comments
h50(Rem)
Redheugh / Prestonholm
new
community
remainder
(Old Road Securities Plc) / Barratt
Homes
MLP 2008
565
28.06
20.14
Greenfield
15/00045/PPP, 23/00416/MSC
(pending)
• 23/00416/MSC
was submitted after the end of the Audit year. Like 15/00045/PPP, it covers all of h50. It
proposes 685 units, including 174 affordable, across 3 phases.
• This portion of h50 is mainly phases 2 and 3 in 23/00416/MSC, however parts of the site near the B704
are included in phase 1. This is why programming here is aligned with the site h50(1A). Programming is
based on communications between the developer and the Council from
earlier in 2023.
h24
Newbyres
Persimmon Homes
MLP 2003
96
4.84
19.83
Greenfield
22/00066/DPP (pending)
22/00407/BDERMD
(pending) - 96 units
• 22/00066/DPP has been consented since the end of the Audit year.
• Programming is based on past completions at Persimmon’s nearby h36(AreaA) site and follows on from
their expected conclusion of building work there.
h36(AreaA)
North Gorebridge Area A
Persimmon Homes
MLP 2003
176
6.69
26.31
Greenfield
07/00352/FUL, 14/00251/DPP, 18/00671/DPP
07/00251/BWERD
- 500 units,
19/00580/BDERMD
- 112 units,
21/00125/BDERMD
- 6 units
• The marketing name for this site is ‘King’s Meadow’.
• This is the last remaining portion of the wider h36 Persimmon site, the whole of which was initially
covered by 07/00352/FUL.
• The plots in Area A are listed at the end of building warrant 07/00251/BWERD
and start at number
4010, i.e. plot 4010 is plot 10 on the site plans. There is some overlap of this BW
and
19/00580/BDERMD.
• 18/00671/DPP amended the house types of 28 units from
14/00251/DPP but did not change overall
numbers. These new
units are labelled plots 4201/201 – 4228/228 in building warrants/site plans.
h51
Robertson's Bank
Carlsson Properties Ltd
MLP 2008
14
2.68
5.22
Brownfield
20/00899/DPP (pending)
• Minded to consent at the February 2023 Planning Committee and has since been consented after the
end of the Audit year.
• A site visit in June 2023 found that the former scrap yard on site was being cleared in advance of
development taking place here.
2022GB1
Newbyres Crescent
Cruden Homes
Windfall
75
1.84
40.76
Brownfield
18/00099/DPP
22/00571/BDERMD
(pending) - 75 units
• SHIP site.
• A site visit in June 2023 found that groundworks and infrastructure had commenced. Programming is
based on this and what is outlined in the Council’s latest SHIP report.
Small sites
5
• Five units across three sites.
• Three units are under construction and two units have a pending planning application.
Gorebridge
Mayfield/Newtongrange
h48
Bryans
Cruden Homes
MLP 2008
72
2.77
25.99
Brownfield
19/00042/DPP
19/00201/BDERMD
- 72 units
• SHIP site also known as 'Conifer Road'.
• Programming is taken from
the Council’s latest SHIP report and reflects all the units being released in a
single batch rather than all 72 constructed in a single year.
• A site visit in June 2023 observed that construction has now
started here.
h41
North Mayfield
Lovell Homes
MLP 2003
156
8.47
18.42
Greenfield
19/00981/PPP, 22/00460/MSC
22/00347/BDERMD
(pending) - 156 units
• The marketing name for this site is ‘Oakwood Edge’.
• A site visit in June 2023 found that groundworks have now
started and an access from
Oak Place had
been created.
• Programming for 2025/26 and 2026/27 includes the delivery of the 39 affordable units in those years,
which is partly based on expectations in the Council’s latest SHIP report.
h38+
South Mayfield Sites
Springfield
MLP 2003 &
MLP
2008
926
70.97
13.05
Greenfield
22/00027/PPP (pending)
• Application 22/00027/PPP was minded to be consented at the February 2023 Planning Committee.
Condition 2 of this consent is that no more than 926 units are erected.
• This proposal covers all of what was h38(Rem), h49, h34(Rem) and h35. As a result, these sites have
been consolidated into a single row
for the latest HLA. The site may be split up in future audits as its
layout and phasing becomes clear after the submission of detailed MSC
applications.
h37
Cockpen
Miller Homes
MLP 2003
141
10.49
13.44
Greenfield
09/00056/OUT, 15/00968/MSC,
16/00601/MSC, 18/00704/DPP,
19/00824/DPP, 21/00608/DPP, 21/00806/DPP
(refused)
15/00442/BDERMD
- 136 units,
21/00379/BDERMD
- 5 units
• The marketing name for this site is ‘Lady Victoria Grange’.
• Application 21/00806/DPP was for 10 additional units on land not allocated as part of h37, but the units
would have been an extension of the existing development. These would have taken the total site
capacity to 151 if consented. The application was refused at the LRB.
• Site completed in the current audit year and will not feature in HLA 2024.
2018MN3
Land South West of Newbattle Community High
School
Cruden Homes
Windfall
79
2.67
29.59
Brownfield
18/00308/DPP
18/00394/BDERMD
- 79 units
• SHIP site. Known in SHIP documents as 'Morris Road'.
• Site completed in the current audit year and will not feature in HLA 2024.
2022MN1
Former Newbattle High School (Phase 1)
Midlothian Council
Windfall
90
4.74
18.99
Brownfield
21/00877/DPP
22/00134/BDERMD
- 90 units
• SHIP site.
• This is phase 1 of a larger development. Phase 2 will be covered by either 21/00876/PPP or
22/00797/DPP, both of which are still pending.
• Programming is taken from
the Council’s latest SHIP report and reflects all the units being released in a
single batch rather than all 90 constructed in a single year.
2022MN2
Newtongrange Parish Church
Church of Scotland
Windfall
5
0.13
38.46
Brownfield
21/00701/PPP
• Development by the Church of Scotland, the proceeds of which will be used to refurbish the adjacent
church.
• Was for seven units, but reduced to five.
Small sites
3
• Three units across two sites.
•Two
units
are
underconstruction
and
one
has
planning
consentand
a
pending
building
warrant
application.
Mayfield/Newtongrange
Shawfair Area
Hs0*
Cauldcoats
(Paladin Ventures Ltd) / Miller Homes
MLDP
430
19.02
22.61
Greenfield
14/00910/PPP, 22/00604/MSC
(pending)
22/00593/BDERMD
(pending) - 52 units,
22/00594/BDERMD
(pending) - 83 units,
22/00596/BDERMD
(pending) - 81 units
• 14/00910/PPP covers both Hs0 and Hs0 SC
and was for up to 650 units, with 485 of these being
market and 165 being affordable. The consent however is only for 350 units on Hs0 as phase 1, meaning
Hs0 SC
would be phase 2. An application to increase the number of units on phase 1 to 430 was
approved under 20/00312/S42.
• 22/00604/MSC
was received after the end of the Audit year and proposes 369 units built by Miller with
92 affordable. Programming is partly based on that outlined in the phasing plan submitted with this
application and the anticipated delivery of the affordable units as outlined in the Council’s latest SHIP
report.
• A visit in June 2023 found that site clearing work had taken place and archaeological trenches on site.
Page 53 of 148

Page 54

SITE NOTES
Site Reference
Site Name
Developer (or Owner)
Land Supply
Source
Total Units
Site Area
(ha)
Density
(units/ha)
Brownfield /
Greenfield?
Planning Application Reference(s)
Building Warrant Reference(s)
Comments
Hs1*
Newton Farm
CALA
MLDP
620
38.73
16.01
Greenfield
17/00408/DPP (pending), 17/00409/DPP
(pending)
22/00520/BDERMD
(pending) - 146 units
• The marketing name for this site is ‘Newton’.
• This development includes 506 units at Newton Farm
(17/00408/DPP) and 116 at Wellington Farm
(17/00409/DPP). These applications have been consented since the end of the Audit year.
• CALA are due to begin work on site in August 2023 as well as upgrading of the Old Craighall Road in
September 2023 to facilitate the development.
Hs1 SC
Newton Farm, Safeguarded Capacity
Holder Planning / Wellington Farms
Ltd.
MLDP
360
21.10
17.06
Greenfield
20/00774/PPP (pending)
• Minded to be consented at the March 2022 Planning Committee. The approval is for 'no more than 360'
units.
• Approval to amend Condition 4 of the neighbouring application 17/00408/DPP was given at the January
2021 Planning Committee. This was to allow
access to Hs1 SC
from
the two proposed vehicle routes in
Hs1.
• The Committee Report states that the site is 'not capable of delivering homes in five years' and that it
should be 'seen as a next phase' of the Hs1 development. Programming takes this into account and also
the phasing of Hs1 which shows that access into Hs1SC
would not take place until mid-way through
construction.
h43
Shawfair
Shawfair LLP
SLP
02/00660/OUT
• Where the planning consent type is marked as 'OUT' in the Main Schedule for the Shawfair blocks, this
refers to the original outline planning permission for the whole of the Shawfair allocation. Further detailed
consents are required for work to start on individual blocks.
• Application 19/00112/PPP, for community facilities, covers blocks D, J, N
and part of M.
o It resulted in blocks D
and J being removed from
the Audit and M
being removed as shown in the
2022 Shawfair Phasing Plan. There were no residential units planned for block N, so it was not in the
Audit beforehand.
o A second result of the consent of 19/00112/PPP was a land swap, with residential units going on two
sites north and south of Newton Church Road in the gap between Newton Village and Danderhall as per
19/00891/MSC. These are labelled h43(W1) and h43(W2).
h43(A&E)
Shawfair (Blocks A &
E)
Shawfair LLP
SLP
184
5.34
34.46
Greenfield
02/00660/OUT
These two blocks are combined in the Shawfair Phasing Plan, so the HLA follows suit in making them
one
entry.
h43(B)
Shawfair (Block B)
Shawfair LLP
SLP
323
12.23
26.41
Greenfield
02/00660/OUT
h43(C)
Shawfair (Block C)
Shawfair LLP
SLP
183
4.57
40.04
Greenfield
02/00660/OUT
h43(F)
Shawfair (Block F)
Shawfair LLP
SLP
228
3.49
65.33
Greenfield
02/00660/OUT
Application 18/00155/DPP was approved here in October 2018. It is for the storage of soil for five years.
An application to extend this for a further five years was submitted in August 2023 (23/00521/S42).
h43(G)
Shawfair (Block G)
Shawfair LLP
SLP
67
1.12
59.82
Greenfield
02/00660/OUT
Application 18/00155/DPP was approved here in October 2018. It is for the storage of soil for five years.
An application to extend this for a further five years was submitted in August 2023 (23/00521/S42).
h43(H)
Shawfair (Block H)
Shawfair LLP
SLP
78
1.10
70.91
Greenfield
02/00660/OUT
Application 18/00155/DPP was approved here in October 2018. It is for the storage of soil for five years.
An application to extend this for a further five years was submitted in August 2023 (23/00521/S42).
h43(I)
Shawfair (Block I)
Shawfair LLP
SLP
144
4.97
28.97
Greenfield
02/00660/OUT
Application 18/00155/DPP was approved here in October 2018. It is for the storage of soil for five years.
An application to extend this for a further five years was submitted in August 2023 (23/00521/S42).
h43(K)
Shawfair (Block K)
Shawfair LLP
SLP
326
6.18
52.75
Greenfield
02/00660/OUT
h43(L)
Shawfair (Block L)
Shawfair LLP
SLP
235
3.33
70.57
Greenfield
02/00660/OUT
h43(O)
Shawfair (Block O)
Dandara Homes
SLP
83
2.63
31.56
Greenfield
02/00660/OUT, 18/00520/MSC,
21/00340/MSC
19/00378/BDERMD
- 58 units,
19/00486/BDERMD
- 18 units,
21/00224/BDERMD
- 37 units
• The marketing name for this site is ‘Shawfair/Dandara at Shawfair’.
• Application 21/00340/MSC
added another 7 units to increase the site capacity to 83.
• A site visit in June 2023 found that the only units left to be finished were the flats, which were well
underway, and one other unit, likely the former show
home. This site will therefore be completed in
2023/24.
h43(P)
Shawfair (Block P)
Shawfair LLP
SLP
220
8.48
25.94
Greenfield
02/00660/OUT
h43(R1&R2)
Shawfair (Blocks R1 &
R2)
Shawfair LLP
SLP
163
5.62
29.00
Greenfield
02/00660/OUT
• Application 19/00894/MSC
from
Barratt proposed 162 units here, composed of:
o 129 units on R1 under building warrants 19/00602/BDERMD
and 19/00607/BDERMD; and
o 33 units on R2 under building warrant 19/00612/BDERMD.
• Though the application was consented after the end of the Audit year, Barratt were no longer pushing
the case towards a positive determination. The other co-applicant is a vehicle of Mactaggart &
Mickel
who are part of Shawfair LLP, the lead developer and plot seller. They confirmed a change of agent and
their wish to advance the application towards determination.
h43(S4)
Shawfair (Block S4)
Shawfair LLP
SLP
49
1.57
31.21
Greenfield
02/00660/OUT, 23/00385/MSC
(pending)
23/00385/MSC
was submitted after the end of the Audit year and is for a road junction and utilities
enabling works here. A Supporting Statement accompanies the application and says that a separate
application for a residential development will follow.
h43(S5)
Shawfair (Block S5)
Shawfair LLP
SLP
60
1.77
33.90
Greenfield
02/00660/OUT
Application 21/00835/MSC
for here was from
Mactaggart and Mickel for 14 units on a small western part
of block S5. It was withdrawn in November 2022. It was asociated with building warrant
21/00122/BDERMD.
h43(T2)
Shawfair (Block T2)
Mactaggart &
Mickel / Springfield
SLP
243
10.64
22.84
Greenfield
02/00660/OUT, 17/00858/MSC,
19/00246/MSC, 20/00444/MSC
(pending)
18/00278/BDERMD
- 195 units
• The marketing name for this site is ‘Millerhill Grange’.
• 17/00858/MSC
is for 243 units. 19/00246/MSC
proposed some minor layout changes but overall
numbers and plot numbers remained the same.
• Application 20/00444/MSC
has been consented since the end of the Audit year and adds a further 5
units (all houses) in the south west corner to bring the site total to 248. All the other plot numbers remain
the same – the extra five units are at plots 244 to 248.
• This is the second phase of Mactaggart &
Mickel’s development at Shawfair, the first having been
completed in 2021/22.
• Roads and utilities construction have started. Programming is based on this and past completions at
Mactaggart &
Mickel’s first phase and figures from
them.
Page 54 of 148

Page 55

SITE NOTES
Site Reference
Site Name
Developer (or Owner)
Land Supply
Source
Total Units
Site Area
(ha)
Density
(units/ha)
Brownfield /
Greenfield?
Planning Application Reference(s)
Building Warrant Reference(s)
Comments
h43(W1)
Shawfair (Block Woolmet 1)
Shawfair LLP
SLP
140
6.96
20.11
Greenfield
02/00660/OUT
• This is part of a land swap agreed under 19/00891/MSC
as a compensatory housing site to replace that
which went to the school application on Shawfair blocks D, J, M
and N. This means it has consent under
02/00660/OUT.
• The 2023 Shawfair Phasing Plan gives a combined capacity for h43(W1) and h43(W2) as 210 units.
h43(W1) covers about 2/3rds of their combined area. The site capacity in the Main Schedule has been
calculated on this basis.
h43(W2)
Shawfair (Block Woolmet 2)
Shawfair LLP
SLP
70
2.50
28.00
Greenfield
02/00660/OUT
• This is part of a land swap agreed under 19/00891/MSC
as a compensatory housing site to replace that
which went to the school application on Shawfair blocks D, J, M
and N. This means it has consent under
02/00660/OUT.
• The 2023 Shawfair Phasing Plan gives a combined capacity for h43(W1) and h43(W2) as 210 units.
h43(W2) covers about 1/3rd of their combined area. The site capacity in the Main Schedule has been
calculated on this basis.
h44
North Danderhall
Stewart Milne Homes
SLP
143
6.52
21.93
Greenfield
02/00660/OUT, 19/00568/MSC,
20/00868/MSC, 22/00441/MSC
20/00563/BDERMD
- 115 units,
22/00419/BDERMD
(pending) - 28 units
• The marketing name for this site is ‘Shawfair/Stewart Milne at Shawfair’.
• The Shawfair Phasing Plan labels this site AA1.
• The site is slightly smaller than the full boundaries of the h44 allocation.
• 20/00868/MSC
is for an amendment to house types and does not change overall numbers or layout. It
does not cover the affordable housing area. Building warrant 20/00563/BDERMD
corresponds to this
application.
• 22/00441/MSC
amends the affordable house types but does not change overall site numbers.
• Programming is based on past completions, observations from
a site visit in June 2023 and includes the
delivery of the affordable units in 2025/26 and 2026/27, which is partly based on data from
the Council’s
latest SHIP report.
h44(AA2&AA3)
North Danderhall (Blocks AA2 &
AA3)
Shawfair LLP / Bellway Homes
SLP
175
6.82
25.66
Greenfield
02/00660/OUT, 22/00387/MSC
(pending)
22/00515/BDERMD
(pending) - 35 units,
22/00306/BDERMD
(pending) - 140 units
• The marketing name for this site is ‘Bellway at Shawfair’.
• This was consented under 21/00936/MSC
to ensure that there is sufficient housing land to
accommodate the original 3,990 units indicated in the Shawfair Masterplan.
• It is marked as a Shawfair Local Plan site as it is based on amending the Shawfair Masterplan.
• 22/00387/MSC
for 169 units from
Bellway has been approved since the end of the Audit year.
• Programming takes into account observations from
a site visit in June 2023 that site preparation works
were well underway, past completions from
Bellway’s earlier development in the area and that Bellway
state this site will launch in August 2023.
h45(C&D)
South Danderhall (Plots C
&
D)
Bellway Homes
SLP
235
8.84
26.58
Greenfield
02/00660/OUT, 16/00673/MSC
17/00073/BDERMD
- 188 units,
19/00389/BDERMD
- 47 units
• The marketing name for this site is ‘Bellway at Shawfair’.
• Building warrant 17/00073/BDERMD
is for the market units. 19/00389/BDERMD
is for the affordable
units.
2023SA1
Newton Church Road
Midlothian Council
Windfall
23
0.97
23.71
Brownfield
22/00583/DPP
22/00473/BDERMD
(pending) - 23 units
• SHIP site.
• A visit in June 2023 found that this site has now
been cleared.
• Programming follows that outlined in the Council’s latest SHIP report.
Small sites
5
• Five units across three sites.
•Twounitshaveabuildingwarrantgrantedbutarenotunderconstructionandthreeunitshaveplanning
consent but no building warrant application.
Shawfair Area
Rosewell
Hs14
Rosewell North
David Wilson Homes
MLDP
100
6.59
15.17
Greenfield
18/00403/DPP, 21/00732/DPP
21/00469/BDERMD
- 75 units,
21/00578/BDERMD
- 25 units
• The marketing name of this site is ‘Rosewell Meadow’.
• 21/00732/DPP amends the site layout and unit types.
• A site visit in May 2023 found work underway on around 10 units.
h52&h22
Gorton Loan &
Rosewell Mains
Avant Homes
MLP 2008 &
Pre-
2003 MLP
290
14.26
20.34
Greenfield
14/00518/DPP
14/00371/BDERMD
- 25 units,
15/00412/BDERMD
- 225 units,
16/00177/BDERMD
- 40 units
• The marketing name of this site is ‘Hawthornden’.
• Expected site completion in 2023/24 based on observations from
a site visit in May 2023 and a
comparison of units currently remaining with completions from
previous years.
Small sites
4
• Four units across two sites.
• All four units have planning consent but no building warrant applications.
Rosewell
Villages and rural remainder (Midlothian East HMA)
h59
Crichton Road, Pathhead
Muir Homes
MLP 2008
46
2.36
19.49
Greenfield
20/00538/DPP, 22/00454/DPP (pending)
19/00436/BDERMD
- 46 units,
22/00457/BDERMD
(pending) - 43 units
• The marketing name for this site is ‘The West Path’.
• 22/00454/DPP has been approved since the end of the Audit year and revises the site to 43 units with
11 affordable. The site capacity in the Main Schedule will be revised next year to accommodate this.
• A site visit in June 2023 found that groundworks had started.
2018VR2
Lawfield Farm, near Dalkeith
WS Dunsire &
Sons Ltd
Windfall
8
0.80
10.00
Brownfield
15/00376/DPP, 16/00579/DPP, 17/00547/DPP,
17/00878/DPP, 18/00629/DPP, 21/00026/DPP,
21/00511/DPP, 22/00259/DPP
16/00082/BDCOSD
- 1 unit,
16/00239/BDERMD
- 2 units,
16/00472/BDERMD
- 3 units,
19/00532/BDERMD
- 2 units
• This marketing name for this site is ‘Lawfield Steading’.
• Site completed in the current Audit year and will not feature in HLA 2024.
2018VR4
Former Cousland Primary School, Cousland
Almond Branch Developments
Windfall
6
0.35
17.14
Brownfield
17/00996/DPP, 17/00945/DPP
18/00120/BDERMD
- 4 units,
18/00053/BDERSD
- 1 unit,
21/00080/BDERSD
- 1 unit
This marketing name for this site is ‘Hadfast Road’.
2019VR2
Airybank House
Midlothian Developments
Windfall
4
1.13
3.54
Brownfield
18/00592/DPP, 18/00593/DPP
19/00311/BDERMD
- 4 units
Programming is based on aerial photos and site layouts.
Small sites
22
• 22 units across 17 sites.
•Fiveunitsareunderconstruction,oneunithasaplanningconsentandabuildingwarrantgrantedbutis
notunderconstruction,five
unitshave
planning
consentapending
building
warrantapplication,three
unitshaveplanningconsentbutnobuildingwarrantapplicationandeightunitshaveapendingplanning
application or PPP consent only.
Villages and rural remainder (Midlothian East HMA)
Page 55 of 148

Page 56

SITE NOTES
Site Reference
Site Name
Developer (or Owner)
Land Supply
Source
Total Units
Site Area
(ha)
Density
(units/ha)
Brownfield /
Greenfield?
Planning Application Reference(s)
Building Warrant Reference(s)
Comments
* Indicates that this allocation is accompanied by a 'Safeguarded Site' for future development - see the 'Safeguarded Sites' pages/table for more details.
Page 56 of 148

Page 57

LARGE WINDFALL APPLICATIONS
Pending Applications
Planning Application Reference(s)
Application Description
Address
Settlement
Number of
Units
Comments
11/00755/DPP
Demolition of kennels building and outbuildings; erection of 4 dwellinghouses; and
formation of associated access and parking
Silverwitch Kennels, near Penicuik
Villages/rural (west)
4
Stalled site/legacy application that is unlikely to be progressed.
11/00793/DPP
Erection of 6 dwellinghouses and formation of access road
Land at former Gorebridge Sawmills, Millstone
Brow, near Gorebridge
Villages/rural (east)
6
Stalled site/legacy application that is unlikely to be progressed.
15/00703/DPP
Erection of 5 dwellinghouses; formation of access and associated works
Land 25m
west of junction with Lugton Brae, Old
Dalkeith Road
Dalkeith
5
• Site was minded to be consented at the LRB
of March 2016 but stalled at the legal agreement stage. A
new
application has been submitted - see below.
• Site was subject to planning enforcement action to tidy it up in late 2022.
23/00279/DPP
Erection of 5 dwellinghouses; formation of access and associated works
Lugton Brae
Dalkeith
5
• Site has been subject to enforcement action to clear the waste on it.
• Site also has a stalled application – see above.
21/00571/PPP
Application for planning permission in principle for residential development and
associated works
Land 100m
south of Newlandburn House
Villages/rural (east)
10
• Site had consent before but was left to expire (13/00676/DPP).
• Current application was due to be determined by the LRB
in February 2022, but has stalled.
• Carmichael Homes were advertising this site as a future development.
21/00746/DPP
Erection of 6 dwellinghouses; formation of access road and car parking and
associated works
Land east of Glenarch Lodge
Dalkeith
6
21/00876/PPP
Application for planning permission in principle for residential development
Former Newbattle High School
Mayfield/Newtongrange
30
• Council SHIP site linked with application 21/00877/DPP (site 2022MN1 in the Main Schedule) and the
two are shown combined on site plans. They show
phase 1 at plots 1 to 90 and phase 2 (this application)
at plots 91 to 120.
• Application 22/00797/DPP is for this site too and was submitted in November 2022. It is listed in the
row
below.
• Building warrant 22/00554/BDERMD.
22/00797/DPP
Erection of 12 dwellinghouses and 16 flatted dwellings; landscaping; formation of car
parking and access roads; and associated works
Former Newbattle High School
Mayfield/Newtongrange
28
• This is for the same site as 21/00876/PPP, which has not been consented by the time this new
application was submitted. That application is in the row
above.
• Council SHIP site.
• Building warrant 22/00554/BDERMD.
21/00764/PPP
Application for Planning Permission in Principle for erection of 10 dwellinghouses and
associated works
Former Arniston Gas Works
Gorebridge
10
• This site formerly had consent for ten units under 15/00335/PPP. This was consented at the LRB
in
April 2018 but expired on 31/03/2023 following a Coronavirus Act extension.
• It was previously listed in the HLA
as site 2018GB2.
22/00597/PPP
Application for planning permission in principle for residential development and
associated works.
Scotts Touring Caravans, Mayfield Industrial
Estate
Mayfield/Newtongrange
78
• Indicative layout submitted with the application proposes 78 units.
• This was initially invalid on receipt but was resubmitted.
22/00880/DPP
Conversion of building to form
4 flatted dwellings and associated external alterations;
erection of two flatted dwellings and associated work
120 High Street
Dalkeith
6
23/00213/MSC
Erection of 17 dwellinghouses, workshop; formation of play area, access, car parking,
and associated works (Approval of matters specified in conditions 2, 3, 4, 5, 6, 7, 9,
10, 12 and 13 of planning permission 13/00780/PPP)
Land at Fordel
Villages/rural (east)
17
• This is for site 2018VR1, which is also in the Constrained Sites worksheet.
• This application proposes 17 houses across the north of the site as phase one, with other residential
units delivered in two later phases at the south.
• According to the phasing plan for 23/00213/MSC, these later phases may follow
the proposals of
18/00344/MSC
and 19/00691/MSC.
22/00902/DPP
Conversion of and alterations of steading to form
4 dwellinghouses; erection of 8
dwellinghouses, garages and workshop; formation of play area, SUDS and associated
works
Cauldcoats Steading
Shawfair Area
12
This site had consent under 16/00306/DPP for the conversion of the existing steading buildings to form
7
houses and 5 new
houses and was listed in the HLA
as site 2019SA1. That application has now
expired.
Totals for Midlothian
217
Page 57 of 148

Page 58

Midlothian Housing Sites
Midlothian Boundary
Sites Under Construction
Sites With Consent or Minded to Consent
Sites Without Consent
Constrained Sites
Safeguarded Sites
Sites Completed in 2022-23
Legend
©
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Scale @
A4 -
N Page 58 of 148

Page 59

Page 59 of 148

Page 60

Bilston
Housing
Sites
Completed Housing Sites Since 2014
Incomplete Housing Sites
Midlothian Boundary
Legend
©
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Ordnance Survey Licence Number AC0000811376.
N
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Lower text of site labels: no. of unitsAppendix B
Page 60 of 148

Page 61

Bonnyrigg
Housing
Sites
Completed Housing Sites Since 2014
Incomplete Housing Sites
Midlothian Boundary
Legend
©
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Ordnance Survey Licence Number AC0000811376.
N
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Lower text of site labels: no. of units
Page 61 of 148

Page 62

Dalkeith
Housing
Sites
Completed Housing Sites Since 2014
Incomplete Housing Sites
Midlothian Boundary
Legend
©
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Ordnance Survey Licence Number AC0000811376.
N
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Lower text of site labels: no. of units
Page 62 of 148

Page 63

Gorebridge Housing
Sites
Completed Housing Sites Since 2014
Incomplete Housing Sites
Midlothian Boundary
Legend
©
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Ordnance Survey Licence Number AC0000811376.
N
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Lower text of site labels: no. of units
Page 63 of 148

Page 64

Loanhead
Housing
Sites
Completed Housing Sites Since 2014
Incomplete Housing Sites
Midlothian Boundary
Legend
©
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Ordnance Survey Licence Number AC0000811376.
N
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Page 64 of 148

Page 65

Mayfield/Newtongrange Housing
Sites
Completed Housing Sites Since 2014
Incomplete Housing Sites
Midlothian Boundary
Legend
©
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Ordnance Survey Licence Number AC0000811376.
N
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Lower text of site labels: no. of units
Page 65 of 148

Page 66

Penicuik Housing
Sites
Completed Housing Sites Since 2014
Incomplete Housing Sites
Midlothian Boundary
Legend
©
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Ordnance Survey Licence Number AC0000811376.
N
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Lower text of site labels: no. of units
Page 66 of 148

Page 67

Rosewell Housing
Sites
Completed Housing Sites Since 2014
Incomplete Housing Sites
Midlothian Boundary
Legend
©
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Ordnance Survey Licence Number AC0000811376.
N
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Lower text of site labels: no. of units
Page 67 of 148

Page 68

Roslin
Housing
Sites
Completed Housing Sites Since 2014
Incomplete Housing Sites
Midlothian Boundary
Legend
©
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Ordnance Survey Licence Number AC0000811376.
N
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Lower text of site labels: no. of units
Page 68 of 148

Page 69

Shawfair Area Housing
Sites
Completed Housing Sites Since 2014
Incomplete Housing Sites
Midlothian Boundary
Legend
©
Crown copyright and database right (2023). All rights reserved.
Ordnance Survey Licence Number AC0000811376.
N
Upper text of site labels: site references
Lower text of site labels: no. of units
Page 69 of 148

Page 70

Shawfair Area Housing
Sites
Completed Housing Sites Since 2014
Incomplete Housing Sites
Midlothian Boundary
Legend
©
Crown copyright and database right (2023). All rights reserved.
Ordnance Survey Licence Number AC0000811376.
N
Upper text of site labels: site references
Lower text of site labels: no. of units
Page 70 of 148

Page 71

Midlothian
Housing
Sites
Completed Housing Sites Since 2014
Incomplete Housing Sites
Midlothian Boundary
Legend
©
Crown copyright and database right (2023). All rights reserved.
Ordnance Survey Licence Number AC0000811376.
N Page 71 of 148

Page 72

Page 72 of 148

Page 73

PLANNING COMMITTEE
TUESDAY 31 OCTOBER 2023
ITEM NO
THE UNAUTHORISED DISPLAY OF AN ADVERTISEMENT THAT
REQUIRES EXPRESS CONSENT ON LAND ADJOINING THE A68 SLIP
ROAD/A720 CITY BYPASS
Report by Chief Officer Place
1 REPORT SUMMARY AND RECOMMENDATION
1.1 This report relates to the display of an unauthorised hoarding
advertisement on land adjoining the A68/A720 (on) slip road.
1.2 This report recommends that the Committee instruct the Planning,
Sustainable Growth and Investment Manager to no longer refer
the breach of planning control to the Crown Office and Procurator
Fiscal Service (COPFS) following the removal of the unauthorised
advertisement in response to the decision of the Committee at its
meeting of 12 September 2023 to refer the breach of planning
control to the COPFS. 
2 BACKGROUND
2.1 The background to the breach of planning control, the legislative
position and the planning position was set out in a report presented to
Committee at its meeting of 12 September 2023 – a copy of this report
is attached as Appendix Z.
2.2 At its meeting of 12 September 2023 the Committee determined to
instruct the Planning, Sustainable Growth and Investment Manager (or
an alternatively appropriately appointed officer) to refer the case to the
COPFS for consideration of prosecutorial action pursuant to Section
186 of the Town and Country Planning (Scotland) Act 1997 as
amended.
2.3 In the days following the Committee meeting the unauthorised
advertisement was removed and as a consequence the breach of
planning control has been resolved.  However, the Committee
instruction remains and as such it is appropriate to seek the
Committee’s authority to no longer take prosecutorial action unless the
advertisement returns to the site.
Page 73 of 148

Page 74

2.4 Although the breach of planning control (the siting of an advertisement)
has now been resolved an offence had taken place and as such the
Council can technically still seek prosecutorial action against that
offence.  However, as the objective of the planning enforcement
system is to resolve breaches of planning control rather than to act as a
punitive system, it is considered no longer expedient to pursue
prosecutorial action. 
3 RECOMMENDATION
3.1 It is recommended that the Committee determine to instruct the
Planning, Sustainable Growth and Investment Manager (or an
alternatively appropriately appointed officer) to no longer refer the case
to the Crown Office and Procurator Fiscal Service for consideration of
prosecutorial action as original instructed by Committee at its meeting
of 12 September 2023.
Peter Arnsdorf
Planning, Sustainable Growth and Investment Manager
Date:    20 October 2023
Contact Person: Peter Arnsdorf - Planning, Sustainable Growth and
Investment Manager
peter.arnsdorf@midlothian.gov.uk
Appendix Z:  Report regarding unauthorised hoarding advertisement
on land adjoining the A68/A720 (on) slip road presented
to Committee at its meeting of September 2023.
Page 74 of 148

Page 75

PLANNING COMMITTEE
TUESDAY 12 SEPTEMBER 2023
ITEM NO   
THE UNAUTHORISED DISPLAY OF AN ADVERTISEMENT THAT
REQUIRES EXPRESS CONSENT ON LAND ADJOINING THE A68 SLIP
ROAD/A720 CITY BYPASS 
Report by Chief Officer Place 
1 REPORT SUMMARY AND RECOMMENDATION 
1.1 This report relates to the display of an unauthorised hoarding
advertisement on land within the designated greenbelt adjoining
the A68/A720 (on) slip road.  The displaying of an advertisement
that requires express consent without such consent is an offence.   
1.2 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 displayed an advertisement without expressed consent,
pursuant to Section 186 of the Town and Country Planning
(Scotland) Act 1997 (by the Planning etc. (Scotland) Act 2006 and
the Planning (Scotland) Act 2019).  The maximum penalty on
successful prosecution is a fine of up to £5,000 per offence plus
£500 per day for a continuing offence after conviction. 
2 BACKGROUND 
2.1 The site the subject of this report is within open countryside and is
designated greenbelt.  The advertisement in question (a large
hoarding) adjoins the point where the A68 on slip road joins the A720
approaching the Sheriffhall junction. 
2.2 The Town and Country Planning (Control of Advertisements)
(Scotland) Regulations 1984 sets out that various categories of
advertisements that require express advertisement consent - the
display of such an advertisement is subject to an application being
made to, and assessed by, the local planning authority and approved
subject to relevant conditions.  Town and Country Planning (Scotland)
Act 1997 provides that if a person displays an advert in contravention
of the regulations, they shall be guilty of an offence. 
Appendix Z
Page 75 of 148

Page 76

2.3 In assessing an application for express advertisement consent the local
planning authority may only consider two issues: amenity and public
safety.  The 1984 regulations provide: 
When exercising such powers, a planning authority— 
(a) shall, in the interests of amenity, determine the suitability of the use
of a site for the display of advertisements in the light of the general
characteristics of the locality, including the presence of any feature
of historic, architectural, cultural or similar interest; and when
assessing the general characteristics of the locality the authority
may disregard any advertisements being displayed therein; and 
(b) shall, in the interests of public safety, have regard to the safety of
persons who may use any road, railway, waterway (including any
coastal waters), dock, harbour, or airfield affected or likely to be
affected by any display of advertisements; and shall in particular
consider whether any such display is likely to obscure, or hinder the
ready interpretation of, any road traffic sign, railway signal, or aid to
navigation by water or air. 
2.4 With regard the advertisement the subject of this report, no application
has been made for express consent and the advertisement has been in
place for a number of months without being removed.  As other local
authorities have experienced, such unauthorised advertisements can
proliferate close to the strategic road network if action is not taken.
Over recent months the planning enforcement function have addressed
a number of such unauthorised advertisements alongside the A720
City Bypass and secured their removal.  It is noted that earlier in 2023
at a different site in the open countryside adjoining a major road in
Midlothian the Council took formal enforcement action against the
same advertiser that is the subject of this report – the operator has
been asked to remove the advert and has failed to do so. 
2.5 In relation to the two matters to be assessed by the local planning
authority with regard an advertisement:
• In relation to amenity, the site is in the countryside/greenbelt which
affords the land a high level of protection in terms of national and
local planning policy.  The erected advertisement, with no
locational requirement, is incongruous and distracts from its setting
whilst also introducing a commercial sporadic unplanned form to
the locality.
• In terms of public safety, it is considered that the advertisement,
situated at a junction of one of the busiest parts of the strategic
road network in Scotland is highly likely to provide a situation
detrimental to highway safety as a potential distraction to motorist
and therefore unacceptable. 
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3 THE LEGISLATIVE POSITION 
3.1  Section 182 of the Town and Country Planning (Scotland) Act 1997
provides that; regulations (The Town and Country Planning (Control of
Advertisements) (Scotland) Regulations 1984 which sets out which
advertisements required express consent) shall make provision for
restricting or regulating the display of advertisements so far as appears
to the Secretary of State to be expedient in the interests of amenity or
public safety.  Section 186 of the Town and Country Planning
(Scotland) Act 1997 provides that if any person displays an
advertisement in contravention of the regulations they shall be guilty of
an offence and liable on summary conviction to a fine of such an
amount as may be prescribed, not exceeding level 5 (currently £5,000)
on the standard scale and, in the case of a continuing offence, one-
tenth of level 5 on the standard scale for each day during which the
offence continues after conviction. 
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. 
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.” 
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5.       CONCLUSION 
5.1 The responsibility of the outstanding breach of planning/advertisement
control lies with the landowners, those responsible for placing/erecting
the advertisement and those benefiting from the advert. 
5.2  It is for COPFS to make the final decision with regard prosecutorial
action against the unauthorised advertisement.  The advisement in
question requires express consent but is being displayed without the
necessary consent and is therefore unauthorised.  In relation to the two
matters that that are for the local planning authority to consider in
relation to advertisement - public safety and amenity, in relation to both
the advertisement in question is considered to give rise to
unacceptable harm given its location in open countryside/greenbelt and
at the junction of two trunk roads.  Despite the Council requesting the
removal of the advert, it remains in situ.  As noted earlier the displaying
of an advertisement that requires express consent without such
consent is an offence.  Therefore, having regard to the guidance
provided by Scottish Minsters in Circular 10/2009, the serious nature of
the breach of planning control and the Council’s responsibility to uphold
confidence and integrity in the planning system and the rule of law, it is
considered to be in the public interest for the Council to refer this case
to COPFS.  
6 RECOMMENDATION 
6.1 It is recommended that the Committee determine to instruct the
Planning, Sustainable Growth and Investment Manager (or an
alternatively appropriately appointed officer) to refer the case to the
Crown Office and Procurator Fiscal Service for consideration of
prosecutorial action pursuant to Section 186 of the Town and Country
Planning (Scotland) Act 1997 as amended. 
Peter Arnsdorf
Planning, Sustainable Growth and Investment Manager 
Date:    1 September 2023
Contact Person: Matthew Atkins, Lead Officer Planning Obligations 
matthew.atkins@midlothian.gov.uk
Attached Plan: Location plan
Appendix A:  An image of the unauthorised advert. 
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Page 79

File No.
1:2,000Scale:
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 Land adjacent to Millerhill Junction
(Slip Road Westbound)
A720 Edinburgh City Bypass
Location Plan
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Page 80

Image from Google Earth
Appendix A
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PLANNING COMMITTEE 
TUESDAY 31 OCTOBER 2023 
ITEM NO   
SECTION 42 APPLICATION 23/00465/S42 TO AMEND CONDITIONS 9, 10
AND 12 (ACCESS ARRANGMENTS) IMPOSED ON A GRANT OF
PLANNING PERMISSION 18/00528/S42 (ITSELF A S42 AMENDMENT OF
15/00113/PPP) FOR THE DEMOLITION OF EXISTING DWELLINGHOUSE,
ERECTION OF HOTEL, ERECTION OF REPLACEMENT HOUSE PLOT,
FORMATION OF THREE HOUSE PLOTS, FORMATION OF ACCESS
ROADS, CAR PARKING AND ASSOCIATED WORKS AT LAND AT
CALDERSTONES, BIGGAR ROAD, HILLEND 
The application is accompanied by an Environmental Impact
Assessment report prepared in terms of the Town and Country
Planning (Environmental Impact Assessment) (Scotland) Regulations
2017. 
Report by Chief Officer Place 
1 SUMMARY OF APPLICATION AND RECOMMENDED DECISION 
1.1 At its meeting of August 2015 the Committee granted planning
permission for the demolition of the existing dwellinghouse,
erection of hotel and residential development, formation of access
roads, car parking and associated works at land at Calderstones,
Biggar Road, Hillend (15/00113/PPP).  Subsequently, at its
meeting of June 2020 the Committee granted planning permission
for an amendment to that permission under Section 42
(18/00528/S42) to vary conditions relating to phasing,
landscaping, design of buildings, site access roads, approval of
the junction to A702 and the timings of its provision and closure
of the existing access to the Midlothian Snowsports Centre. 
1.2 The current application proposes an amendment to Conditions 9,
10 and 12 of 18/00528/S42. The proposed amendments seek to
update the planning permission in principle for development of
Calderstones to reflect the approved access strategy for the
Midlothian Snowsports Centre.  This approved access strategy is
to be shared with the developers of Calderstones.  The applicant
proposes to remove reference to alternative access and public
transport arrangements in order to ensure the conditions remain
precise and enforceable, in accord with NPF4 Policy 18. 
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1.3 There have been no representations and there have been
consultation responses from Transport Scotland and the Senior
Manager Neighbourhood Services (Roads). 
1.4 The relevant development plan policies are policies 1, 2, 3, 6, 13,
18 and 23 of the National Planning Framework Policy 4 (NPF4) and
policies VIS3 and ENV6 of the Midlothian Local Development Plan
2017 (MLDP). 
1.5 The recommendation is to grant planning permission subject to
conditions. 
2 LOCATION AND SITE DESCRIPTION 
2.1 The application site is 4.95 hectares of a private dwellinghouse set
within extensive landscaped grounds.  The site is bound on the east by
the A702 Biggar Road (trunk road); on the north by the entrance to
Midlothian Snow Sports Centre; on the west by landscaped grounds
within the applicant’s ownership; and, on the south by open
countryside.  The site is located on the lower part of the northern slope
of the Pentland Hills and within the boundary of the Pentland Hills
Regional Park. 
2.2 The Pentland Hills are a designated Special Landscape Area according
to the Midlothian Local Development Plan 2017 (MLDP).  The site is
also located within the Edinburgh Green Belt.  The Edinburgh City
Bypass is located a short distance to the north.  The nearest settlement
is Loanhead c.2km to the east, although the Hillend/ Damhead area is
home to number of smaller hamlets and individual residential
properties. 
3 PROPOSAL 
3.1 The application, made under Section 42 of the Town and Country
Planning (Scotland) Act 1997 (as amended by the Planning etc.
(Scotland) Act 2006 and the Planning (Scotland) Act 2019) (hereafter
referred to as the Act), is to amend the wording of conditions 9, 10 and
12 of planning permission 18/00518/S42, itself a variation of the
original planning permission in principle 15/00113/PPP. 
3.2 Condition 9 as currently drafted is set out below with the proposed
deletions shown as a strike through and the proposed additions in bold. 
Development shall not commence on the site until an application for
matters specified in condition has been submitted to and approved by
the Planning Authority in consultation with Transport Scotland (as
Trunk Roads Authority), for: 
i. The means of access to The access onto the A702 via the
improved access to the Snowsports Centre illustrated on
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drawing no 65200581/SK/005 Revision O to a priority layout
standard, compliant with DMRB CD 123 or other means of
access to a layout standard compliant with DMRB as may be
approved under conditions 10 and 11 of separate planning
approval 19/01018/PPP; 
ii. The means of closure of the existing vehicular access to the
Midlothian Snowsports Centre, the relocation of parking and
details of a footway to be provided across the existing access as
appropriate in terms of 9 i; 
iii. The means of closure of the existing access to Calderstones to
vehicular traffic; and, 
iv. The provision of a 2m wide footway formed adjacent to the
Trunk Road, or other alignment connecting the new footway
across the existing Midlothian Snowsports Centre access other
existing Calderstones access as appropriate in terms of 9 i. The
footway shall be constructed to adoptable standard. 
3.3 Condition 10 as currently drafted is set out below with the proposed
deletions shown as a strike through and the proposed addition in bold. 
No part of the development shall be implemented unless or until: 
i. The new access has been provided on the site in accordance
with the approved matters specified in condition s or separate
planning permission as detailed in condition 9 i. and is available
for use by the Midlothian Snowsports Centre and the
Calderstones development; and, 
ii. The existing accesses have been has permanently closed, as
appropriate, in terms of condition 9 ii and 9 iii. 
3.4 Condition 12 as currently drafted is set out below with the proposed
deletions shown as a strike through. 
Prior to any alterations to the trunk road to create the development
junction, a detailed annotated drawing of a revised junction layout,
which shall delineate/ demonstrate the existing bus turning circle
unaltered and continuing to operate in a satisfactory and safe, manner,
shall be submitted to and approved in writing by the Planning Authority
in consultation with the bus operators using the existing bus turning
area. 
3.5 The application is supported by a Planning Statement (Scott Hobbs
Planning Ltd), a Transport Statement (Sweco Ltd), an updated
Preliminary Ecological Appraisal (Acorna Ecology Ltd) and an
Environmental Impact Assessment (EIA) Review. 
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3.6 The applicant sets out the reasons for, and effects of, the proposed
changes to the stated conditions.  The three conditions relate to the
means of access to the Calderstones site.  Condition 9 provides the
developer with options to access the site from the A702 Trunk Road.
Condition 10 is a restrictive condition relating back to Condition 9 and
Condition 12 relates to the protection of the bus turning circle. 
3.7 The applicant notes the change in circumstances in the eight years
since planning permission in principle was first granted.  The Council’s
own proposals for the Midlothian Snowsports Centre have been formed
and approved through the planning process (see planning history
below).  The applicant considers it appropriate to amend the planning
permission in principle for Calderstones to reflect this updated position,
to give clarity to the local community and potential investors.  The
applicant argues that the effect of this amendment is positive.  The
consolidated access arrangements would deliver Trunk Road safety
improvements and a reduced environmental impact. 
3.8 The amended conditions would also bring them in to line with the six
tests of a valid condition.  These tests are set out in NPF4 Policy 18:
Infrastructure First.  These tests require a condition to be: necessary,
relevant to planning, relevant to the development, enforceable, precise
and reasonable in all other respects. 
3.9 The Transport Statement sets out the technical evolution of access
arrangements along this stretch of the A702.  It notes the approvals of
Drawing No: DMHC-PEV-XX-B1_DR-CE-0703 by Midlothian Council
and Transport Scotland as a condition of 22/00169/DPP.  The
approved arrangement is a signalised junction with pedestrian
crossing.  The modelling work to assess the impact of these
arrangements included potential trips generated by the Calderstones
development. 
3.10 The applicant also provided an updated Preliminary Ecological
Appraisal which reviewed the natural assets of the site and the
potential effects development could have on these interests.  Further
surveys of specific interests are noted.  A Bat Roost Survey of the
existing dwellinghouse is also provided. 
3.11 Finally, the applicant has submitted a review of the previous EIA
Reports.  This is a requirement of the Town and Country Planning
(Environmental Impact Assessment) (Scotland) Regulations 2017
relating to multi-stage consents.  It concludes that the amendment to
the conditions of the outline consent do not result in any additional
likely significant effects on the environment that have not previously
been considered.   
3.12 The proposed development will not result in the closure, or part
closure, of any local roads in addition to those ongoing approved works
taking place at the entrance to the Midlothian Snowsports Centre.
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3.13 A Section 42 application, is in itself a planning application - a particular
kind of planning application for development without complying with a
condition/s previously imposed on an earlier grant of planning
permission.  A grant of planning permission under Section 42 results in
an entirely new planning permission.  Granting of the current
application would grant planning permission for the temporary use for a
further 5 years. 
3.14 Although a Section 42 application is a new planning application in law
the Act states “on such an application the planning authority shall
consider only the question of the conditions subject to which planning
permission should be granted”.  The principle, layout and form of
development are not subject to assessment.  Planning authorities
should attach to the new permission all of those conditions from the
previous permission, where it is intended these should still apply. 
4 BACKGROUND 
4.1 Planning permission 15/00113/PPP for the demolition of existing
dwellinghouse, erection of hotel, erection of replacement house plot,
formation of three house plots, formation of access roads, car parking
and associated works (EIA Development) was granted with conditions
in August 2015.  The conditions were never discharged by a further
application(s).  
4.2 The original proposed site access was to connect into the east
boundary of the site with the A702 at a point roughly 100m to the south
of the existing access to the Midlothian Snowsports Centre.  It was
then to curve around back out of the north boundary of the site to link in
with the existing access road. This is described in the Jacobs Figure
2.3 of the Environmental Statement and Transport Assessment
submitted in support of 15/00113/PPP.  Although this drawing was not
approved as part of 15/00113/PPP, the conditions of the consent
relating to access appear to be derived from a broad acceptable of
these general arrangements. 
4.3 Planning permission 18/00528/S42 application to amend Conditions 3
(phasing), 4 (landscaping), 5 (detail of buildings), 6 (roads, access,
transportation) and 10 (scheme of lighting) of 15/00113/PPP was
granted in July 2020. 
4.4 Application 18/00528/S42 proposed an amendment to the general
access arrangements and shifted the access point at its junction with
the A702 further north at the north east corner of the site. This
prompted a revision to Conditions 9 and 10 which updates relevant
standards for junctions to Trunk Roads and references to specific
drawings. Unlike the previous application, 18/00528/S42 included
drawing no 65200581/SK/005 as an approved drawing with conditions
referring specifically to it.
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4.5 Application 23/00460/MSC for the erection of a hotel and associated
suites (approval of matters specified in conditions 3, 4, 5, 6, 7, 8, 9 and
13 of 18/00528/S42 (EIA Development) is live and pending
consideration. 
4.6 Planning application 18/00628/S42 to amend conditions 4
(landscaping) and 5 (details of buildings) of 15/00113/PPP was granted
in October 2019 but has now lapsed lapsed. 
4.7 20/00441/MSC for the demolition of existing dwellinghouse, erection of
hotel, erection of replacement house plot, formation of three self-
catering units, formation of access roads, car parking and associated
works (approval of matters specified in condition 3 of planning
permission 18/00628/S42 relating to the phasing of development). This
application has been withdrawn. 
4.8 Application 20/00466/MSC for the demolition of existing dwellinghouse,
erection of hotel, erection of replacement house plot, formation of three
self-catering units, formation of access roads, car parking and
associated works (approval of matters specified in condition 5 of
planning permission 18/00628/S42 relating to the siting, design and
layout of the proposed replacement house (Phase 1) was granted in
November 2021 but has not yet been implemented.
Midlothian Snowsports Centre 
4.9 The neighbouring land is the subject of a major development - planning
permission in principle 19/01018/PPP for redevelopment of existing
Midlothian Snowsports Centre to include additional leisure facilities,
tourist accommodation, hotel, function suite, ancillary retail and
restaurant, formation of access road and car parking (EIA
Development) was granted in February 2022. 
4.10 Application 21/00912/MSC was submitted for matters specified in
conditions 4, 6, 9, 10, 21, 28, 30, 32 and 33 (relating to The
redevelopment of existing centre to include additional leisure facilities,
tourist accommodation, hotel, function suite, ancillary retail and
restaurant, formation of access road and car parking) of
19/01018/PPP. These conditions were discharged in August 2022. 
4.11 Planning application 22/00169/DPP for alterations to existing junction,
bus turning area and car park; resurfacing and associated works was a
detailed stand-alone application for the works to the site junction with
the A702 trunk road which was granted in August 2022 and work has
commenced.   
4.12 The developer has submitted two applications under Section 42 of the
planning act to vary the conditions of 19/01018/PPP and
22/00169/DPP. These two applications propose amendments to the
timing of works to the site access relative to the wider project. These
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applications are registered under reference numbers 23/00532/S42
and 23/00531/S42 respectively and are both currently pending
consideration.
5 CONSULTATIONS 
5.1 Transport Scotland does not object to the application/amendments. 
5.2 The Council’s Senior Manager Neighbourhood Services (Roads)
does not object to the application and makes no comment. 
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; provides protection to trees
and aims to facilitate the expansion of forests and woodland. 
7.7 Policy 13 Sustainable Transport supports development that prioritises
walking, wheeling, cycling and public transport for everyday travel and
reduce the need to travel unsustainably. 
7.8 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. 
7.9 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.
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Midlothian Local Development Plan 2017 (MLDP) 
7.10 Policy VIS3: Midlothian Snowsports Centre supports the upgrade
and enhancement of the Midlothian Snowsports Centre and ancillary
facilities to secure its future as a centre of excellence for artificial skiing
and snowboarding. 
7.11 Policy ENV6: Special Landscape Areas requires new development to
incorporate high standards of siting and design to mitigate any impact
on the special landscape qualities of the area. The site is within the
Pentland Hills Special Landscape Area. 
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 consultation responses received are material considerations. 
8.2 The applicant proposes to amend the conditions principally on the
basis that the access strategy for the collection of developments in the
area has changed.  The developer of the Midlothian Snowsports Centre
has gained approval for a consolidated access by way of alterations to
the existing junction onto the A702.  This includes capacity analysis
incorporating trips generated by the development of Calderstones,
amongst others.  It would then be for the developer of Calderstones to
propose a suitable connection to the existing access road from the
north boundary of the site.  This would be a technical matter for a
detailed application and any other permission, consents or agreements
regarding right of access over neighbouring land. 
8.3 In terms of the tests promoted by NPF4 Policy 18, a further application
for details of the access from the site to the public road network is
necessary, it serves a planning purpose, it relates to the development
and is reasonable in all other respects.  The existing conditions around
site access would be enforceable in the event of a breach, as are the
proposed amendments.  The last test is precision.  The circumstances
of the site have overtaken the original proposal.  So it is accepted that,
in the interests of maintaining precise conditions over the planning in
principle permission, the amendment is acceptable. 
8.4 The proposed amendment maintains the sequence of development
delivery as previously approved, which is to ensure the access
arrangements are in place prior to the occupation of the development.
This infrastructure first approach is supported by NPF4 Policy 18 a).  It
is also important to maintain this sequence to ensure construction
traffic does not use the existing site access direct from the A702. 
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8.5 NPF4 Policy 13 b) vi. requires development proposals to be designed
to incorporate safety measures including safe crossings for walking and
wheeling.  Similarly, Policy 23 intends to ensure developments protects
people and places from environmental harm. 
8.6 Transport Scotland have reviewed the application and are satisfied the
approved arrangements described in 22/00168/DPP offer the optimal
solution in terms of road safety for all users.  As the access strategy for
development at Calderstones is aligned with that for the redevelopment
of Midlothian Snowsports Centre, Transport Scotland are happy with
the amendment to Condition 9 and Condition 10.  It is also accepted
that Condition 12 is no longer relevant and can be removed. 
8.7 On this basis, the proposed amendment to conditions of the planning
permission in principle for Calderstones reflects an improved position
from a road safety perspective.  The proposed amendment therefore
accords with Policy 23 from a safety perspective and Policy 13 from a
design perspective.  The amendment does not inhibit the detail of
development in Calderstones from meeting the wider objectives of
Policy 13 in relation to sustainable modes of transport. 
8.8 NPF4 Policy 6 is part of a set of policies which protect existing
environmental assets in the interests of climate change adaption and
reversing biodiversity loss.  Policy 6 is concerned with trees, forestry
and woodland and presumes against loss.  The tree cover on the site
contributes positively to the wider area as landscape elements within
the Pentland Hills Special Landscape Area.  Tree cover is at its most
dense at the site edges. 
8.9 The original approved access arrangements for development of
Calderstones proposed two insertion points, one on the east boundary
and one on the north.  The approved junction to the Midlothian
Snowsports Centre which also supports development at Calderstones
removes the need for an insertion on the east boundary.  This is
considered a significant benefit to the tree cover on the site and in
accord with NPF4 Policy 6’s intent to protect and expand forests,
woodland and trees.  The proposed amendment also represents a
betterment in terms of landscape impacts from development in accord
with Midlothian Local Development Plan Policy ENV6. 
8.10 In general terms, the amendment to the development ensures the
planning permission for the development of this site remains live and is
more clearly defined for interested parties.  The presence of a live
application for detailed matters under 23/00460/MSC is noted.
Furthermore, it would be for any future developer to provide the detail
of site access, amongst other considerations, under this new planning
permission in principle.  The details of access would also need to be
extended to provide connections to the public road network as these
are not detailed in the drawings approved under 22/00169/DPP. 
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8.11 During the determination of this application, the developer of the
Midlothian Snowsports Centre submitted S42 applications to vary
conditions relating to the shared access.  Given the potential change to
the specific reference to the planning permission of this development, it
is prudent to add in to Condition 9 reference to subsequent
developments related to 19/01018/PPP in case this is superseded.   
8.12 On the basis of the above, the proposed amendment to Conditions 9
and 10, alongside the removal of Condition 12 is accepted. The new
wording of these conditions are given below for clarity: 
9. Development shall not commence on the site until an application for
matters specified in conditions has been submitted to and approved by
the Planning Authority in consultation with Transport Scotland (as
Trunk Roads Authority), for: 
i. The means of access to the A702 via the improved access to the
Snowsports Centre approved under Conditions 10 and 11 of
separate planning approval 19/01018/PPP or related consents
approved by the planning authority; 
ii. The means of closure of the exiting access to Calderstones to
vehicular traffic; and
iii. The provision of a 2m wide footway formed adjacent to the
Trunk Road, or other alignment connecting the new footway across
the existing Midlothian Snowsports Centre access to the existing
Calderstones access as appropriate in terms of 9 i. The footway
shall be constructed to adoptable standard. 
Reason: To ensure that the standard of access layout complies with
the current standards and that the safety of the traffic on the trunk road
is not diminished. In addition to ensure appropriate footpath access
and parking is provided. Further to ensure appropriate means of
closure of existing access at or adjacent to the site. 
10. No part of the development shall be implemented unless or until:
i. The new access has been provided on the site in accordance
with the approved matters specified in condition 9 i; and, 
ii. The existing access has been permanently closed, as
appropriate in terms of condition 9 ii.   
Reason: To ensure that the new access to the site is implemented
within an appropriate phase of the development, use of the existing
access is discontinued and the safety of traffic on the trunk road is
improved. 
8.13 The removal of some conditions necessitates a re-numbering of the
conditions of the planning permission in principle. 
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9 RECOMMENDATION 
9.1 That planning permission be granted for the following reason: 
The proposed amendment to the conditions of 18/00528/S42 bring the
planning permission in principle up-to-date with neighbouring
developments and approved shared transport infrastructure.  This
amendment would deliver a reduced environmental impact and an
overall improvement in the quality of development outcomes in the
area.  The proposed amendments accord with the development plan
and there are no material considerations which justify an alternative
conclusion. 
Subject to the following conditions: 
1. The illustrative site layout plan and prospective images submitted
with the application are not approved. 
Reason: The application is for planning permission in principle only
and the details delineated within the illustrative site layout plan
prospective images are for illustrative purposes only. 
2. Notwithstanding that delineated on application drawings/stated in
documents submitted with the application the three new `house'
plots are not approved; but instead, each of these three plots shall
only contain a building occupied solely as self-catering tourist
accommodation ancillary to the principal hotel use on the site; or
alternatively, as staff accommodation incidental to the operation of,
the hotel. 
Reason: In the interests of safeguarding the character and amenity
of the green belt as new private dwellings erected on the site would
be contrary to Policy RP2 of the Midlothian Local Development
Plan. 
3. Development shall not begin until an application for approval of
matters specified in conditions regarding 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 the hotel and the replacement dwelling and the
three plots to accommodate three self-catering units, the provision,
of landscaping, SUDS provision and transportation infrastructure.
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 and in the
interest of safeguarding the character and amenity of the area. 
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4. Development shall not begin on an individual phase of
development (identified in compliance with condition 3) until an
application for approval of matters specified in conditions for a
scheme of hard and soft landscaping works has been submitted to
and approved in writing by the planning authority for that phase.
Details of the scheme shall include: 
i  existing and finished ground levels and floor levels for all,
buildings 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; 
iii  proposed new planting in communal areas and open space,
including trees, shrubs, hedging 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  drainage details and sustainable urban drainage systems to
manage water runoff; 
viii  proposed car park configuration and surfacing; 
ix  proposed footpaths and cycle paths (designed to be
unsuitable for motor bike use); and, 
x  proposed cycle parking facilities. 
All hard and soft landscaping shall be carried out in accordance
with the scheme approved in writing by the planning authority and
the programme for completion and subsequent maintenance (vi).
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 the Midlothian
Local Plan and national planning guidance and advice. 
5. Development shall not begin on an individual phase of
development (identified in compliance with condition 3) until an
application for approval of matters specified in conditions for the
siting, design and external appearance of all buildings and other
structures has been submitted to and approved in writing by the
planning authority for that phase. The application shall include
samples of materials to be used on external surfaces of the
buildings; hard ground cover surfaces; means of enclosure and
ancillary structures. No building shall have an under-building that
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exceeds 0.5 metres in height above ground level. 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
the Midlothian Local Plan and national planning guidance and
advice. 
6. Development shall not begin on an individual phase of
development (identified in compliance with condition 3) until an
application for approval of matters specified in conditions for the
site access, roads, footpaths, cycle ways and transportation
movements has been submitted to and approved in writing by the
planning authority. Details of the scheme shall include: 
i  existing and finished ground levels for all roads, footways
and cycle ways in relation to a fixed datum; 
ii  the proposed vehicular, cycle and pedestrian accesses into
the site; 
iii  the proposed roads (including turning facilities), footpaths
and, cycle ways including suitable walking and cycling
routes linking the development with the local public
transportation network; 
iv  proposed visibility splays, traffic calming measures, lighting
and signage; 
v  proposed construction traffic access and haulage routes; 
vi  proposed car parking arrangements; and
vii  a programme for completion for the construction of access,
roads, footpaths and cycle paths. 
Development shall thereafter be carried out in accordance with the
approved details or such alternatives as may be agreed in writing,
with the planning authority. 
Reason: To ensure the future users of the buildings, existing local
residents and those visiting the development site during the
construction process have safe and convenient access to and from
the site. 
7. Development shall not begin until an application for approval of
matters specified in conditions for 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; 
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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; 
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. 
Before any part of the site is occupied for residential purposes, the
measures to decontaminate the site shall be fully implemented as
approved by the planning authority. 
Reason: 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. 
8. Development shall not begin until an application for approval of
matters specified in conditions for proposed lighting within the site
including of the car parking areas, service areas, roads and
footpaths have been submitted to and approved in writing by the,
planning authority in consultation with Transport Scotland, as Trunk
Roads Authority. The scheme shall be designed to minimise the
spread of light in the night sky. Development shall therefore be
carried out in accordance with the approved details or such
alternatives as may be agreed in writing with the planning authority. 
Reason: To reduce light pollution to the night sky and to ensure
that there will be no distraction or dazzle to drivers on the trunk
road ad that the safety of the traffic on the trunk road will not be
diminished. 
9. Development shall not commence on the site until an application
for matters specified in conditions has been submitted to and
approved by the Planning Authority in consultation with Transport
Scotland (as Trunk Roads Authority), for: 
i.  The means of access to the A702 via the improved access
to the Snowsports Centre approved under Conditions 10 and
11 of separate planning approval 19/01018/PPP or related
consents approved by the planning authority;
ii.  The means of closure of the exiting access to Calderstones
to vehicular traffic; and
iii.  The provision of a 2m wide footway formed adjacent to the
Trunk Road, or other alignment connecting the new footway
across the existing Midlothian Snowsports Centre access to
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the existing Calderstones access as appropriate in terms of
9 i. The footway shall be constructed to adoptable standard. 
Reason: To ensure that the standard of access layout complies
with the current standards and that the safety of the traffic on the
trunk road is not diminished. In addition to ensure appropriate
footpath access and parking is provided. Further to ensure
appropriate means of closure of existing access at or adjacent to
the site. 
10. No part of the development shall be implemented unless or until: 
i.  The new access has been provided on the site in
accordance with the approved matters specified in condition
9 i; and
ii.  The existing access has been permanently closed, as
appropriate in terms of condition 9 ii.   
Reason: To ensure that the new access to the site is implemented
within an appropriate phase of the development, use of the existing
access is discontinued and the safety of traffic on the trunk road is
improved. 
11. The fences erected on the site; the details of which are required by
condition 4(iv), shall include a stock proof anti-climb fence provided
and maintained by the developer along the boundary of the site
with the trunk road. The type and position of this fence shall be
approved by the planning authority in consultation with Transport
Scotland, as Trunk Roads Authority. The approved fence shall be
erected in its entirety prior to the new access off the trunk first
coming into use 
Reason: To minimise the risk of pedestrians and animals gaining
uncontrolled access to the trunk road with the consequential risk of
accidents. 
12. Development shall not begin until an application for approval of
matters specified in conditions for a programme of archaeological
works (Evaluation) of no less than 5% of the total site area
focussing on those areas unaffected by woodland and existing
buildings, has been submitted to and approved in writing in by the
planning authority. The approved programme of works shall be
carried out by a professional archaeologist prior to any construction
works, demolition or pre commencement ground works take place
unless otherwise agreed in writing by the planning authority. 
Reason: To ensure this development does not result in the
unnecessary loss of buried archaeological material in accordance
with Policy RP28 of the Midlothian Local Development Plan. 
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13. The recommended mitigation contained within the specific
Environmental Management Plan (EMP) detailed in Section 7.0,
(Ecology & Habitats) of the Environmental Impact Assessment
Report shall be carried out in full. 
Reason: In the interests of safeguarding bats, badgers and
breeding birds. 
14. Prior to the commencement of the development, other than the
replacement dwellinghouse or the demolition of the existing
dwellinghouse, either the widened footway along the frontage of
the site or the new remote footway shall be constructed at the site,
and shall be available for use. The widened or remote footway shall
accord with the details approved in terms of the matters approved
in terms of condition 9.iii) above and it shall be constructed to
adoptable standard. 
Reason: The applicant has referred to the improvement of the path
along the frontage of the site with the A702. There is concern that
works to this footpath will adversely impact on the trees along the
frontage of the site and therefore it may be appropriate to form a,
new remote footpath through the site to link the existing public
footway with the new development and the new access to the site.
The condition allows the replacement dwelling house to be built
and the existing dwellinghouse to be demolished prior the
construction and availability of the widened or new footpath at the
site. 
Peter Arnsdorf
Planning, Sustainable Growth and Investment Manager 
Date:     20 October 2023 
Application No:    23/00465/S42
Applicant:   Mr and Mrs Omar Almubarak, c/o agent
Agent:             Sheila Hobbs, Sheila Hobbs Planning, 24 Stafford
Street, Edinburgh, EH3 7BD
Validation Date:  18 July 2023
Contact Person:  Martin Patrick 
Contact details:    martin.patrick@midlothian.gov.uk
Background Papers: 15/00113/PPP; 18/00528/S42 
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Reproduced from the Ordnance Survey map with the permission of the
controller of Her Majesty's Stationary Office. Crown copyright reserved.
Unauthorised reproduction infringes Crown copyright and may lead to
prosecution or civil  proceedings
Midlothian Council Licence No. 100023416 (2023)
Midlothian Council
Fairfield House
8 Lothian Road
Dalkeith
EH22 3AA
Planning Service
Place Directorate
Section 42 Application to amend conditions 9, 10 and 12 of
18/00528/S42 at Land At Calderstone, Biggar Road,
Edinburgh
File No: 23/00465/S42
Scale:1:2,500 ±Page 97 of 148

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PLANNING COMMITTEE 
TUESDAY 31 OCTOBER 2023 
ITEM NO   
SECTION 42 APPLICATION 23/00521/S42 TO AMEND CONDITION 1 (TO
ALLOW A FURTHER TEMPORARY PERIOD FOR ON-SITE SOIL
STORAGE) IMPOSED ON A GRANT OF PLANNING PERMISSION
18/00155/DPP FOR THE STORAGE OF SOIL AT SHAWFAIR SITE F,
MONKTONHALL COLLIERY ROAD, DALKEITH   
Report by Chief Officer Place 
1 SUMMARY OF APPLICATION AND RECOMMENDED DECISION 
1.1 In October 2018 planning permission was granted for the storage
of soil (top soil and sub soil) at the application site for a
temporary period of 5 years.  The current application seeks to
amend condition 1, which restricts the use to a temporary period
of 5 years, in order to allow the storage use to continue for a
further 5 years. 
1.2 There have been no representations and consultation responses
from the Coal Authority, Network Rail, the Scottish Environment
Protection Agency (SEPA), the Council’s Ecological Advisor, the
Council’s Senior Manager Neighbourhood Services (Roads) and
the Council’s Senior Manager Protective Services (Environmental
Health). 
1.3 The relevant development plan policies are policies 1, 2, 3, 5, 6, 9,
12, 22 and 23 of the National Planning Framework 4 (NPF4) and
policies STRAT1, ENV7, ENV9, ENV10, ENV11, ENV16, ENV17,
ENV18 and IMP3 of the Midlothian Local Development Plan 2017
(MLDP). 
1.4 The recommendation is to grant planning permission subject to
conditions. 
2 LOCATION AND SITE DESCRIPTION 
2.1 The application site is a 9.48 hectare area of land which was formerly
used as a coal depot and prior to that the site formed part of the
Monktonhall Colliery complex.  The site is located to the west of
Danderhall and to the north of Newton Village.  It comprises two
separate sections of concrete hard standing, one located in the centre-
west of the site and the second located in the eastern part of the site.
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The majority of the site is overlain by coal blaes which has been
gradually vegetated with self-seeded trees and bushes. 
2.2 The site has been used for limited amounts of soil storage over the
majority of the last five years, however the last 18 months have seen a
significant increase in soil storage. There are currently 5 piles of soil on
the site measuring between 2 and 6 metres in height.  There is a
concrete surfaced yard at the eastern side of the site, this yard
measures approximately 1.5 hectares in area and is currently being
used for skip storage.  There is no planning history for the skip storage
use. 
2.3 Vehicular access to the site is via the unclassified road leading from
the A6106 to Shawfair railway station.  The majority of the site
boundary is defined by established tree planting.  The only significant
break in the tree planting is a 170 meters long section on the
southeastern boundary of the site where the vehicular access to the
site is located.  A bund of 1 to 2 metres in height provides some
screening of the site at the break in the trees and the embankment that
carries the public road up to the road bridge over the Borders railway
line also provides screening of the site in views from the south.   
2.4 To the north and west of the site are agricultural fields.  To the east is
an area of open ground adjoining the Borders railway.  To the
southeast the site is bounded by the road to Shawfair station beyond
which are agricultural fields and a sustainable urban drainage system
(SUDS) basin. 
2.5 The site is located within the wider Shawfair development area and
comprises the majority of Site F, all of Site H and portions of Sites G
and I.  Site F is identified in the Shawfair Masterplan as being primarily
medium density residential use with high density mixed use (residential
or offices above ground floor shops or civic/community uses) at its
southern edge.  The settlement statement in the Midlothian Local
Development Plan identifies the area in the vicinity of Site F as the
location for a secondary school.  Site G is identified in the Masterplan
as the site of a primary school.  Site H is identified as being high
density mixed use with offices above ground floor leisure, retail or civic
uses and flats above ground floor shops.  Site I is identified as being
medium to high density residential use. 
3 PROPOSAL 
3.1  The application, made under Section 42 of the Town and Country
Planning (Scotland) Act 1997 (as amended by the Planning etc.
(Scotland) Act 2006 and the Planning (Scotland) Act 2019) (hereafter
referred to as the Act), is to amend the wording of condition 1 of
planning permission 18/00155/DPP. The condition currently reads as
follows: 
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Planning permission for the storage of topsoil and subsoil on the site is
granted for a temporary period of 5 years from the date of the grant of
this planning permission.  The use shall cease and any stored material
on the land shall be removed by 22 October 2023. 
3.2 It is proposed that the condition be amended to read as follows: 
Planning permission for the storage of topsoil and subsoil on the site is
granted for a temporary period of 5 years from the date of the grant of
this planning permission.  The use shall cease and any stored material
on the land shall be removed by 22 October 2028.  
3.3 Development in the Shawfair area has not proceeded as quickly as
was envisaged at the time of the 2018 application and consequently
the site is still required in order to accommodate the excess soils from
development sites over the next five years. 
3.4 As part of the wider Shawfair development a materials management
plan is used to ensure that all soils generated during the development
works are handled and used in an appropriate way.  Due to the
complex development timelines and phasing requirement a longer-term
site storage facility is required to allow soils to be stored until such time
as they can be reused on development sites. 
3.5 The soils stored at the site are placed directly on the current site
surface with the bottom 250mm designated as sacrificial.  The soil
stockpiles are proactively managed to ensure the materials are clearly
identifiable and available for reuse when the phasing of the
development areas require.  Subsoil is stored in a stockpile with a
maximum height of eight metres and topsoil is stored in stockpiles with
a maximum height of three metres. 
3.6 The proposed development will not result in the closure, or part
closure, of any local roads. 
3.7 A Section 42 application, is in itself a planning application - a particular
kind of planning application for development without complying with a
condition/s previously imposed on an earlier grant of planning
permission.  A grant of planning permission under Section 42 results in
an entirely new planning permission.  Granting of the current
application would grant planning permission for the temporary use for a
further 5 years. 
3.8 Although a Section 42 application is a new planning application in law
the Act states “on such an application the planning authority shall
consider only the question of the conditions subject to which planning
permission should be granted”.  The principle, layout and form of
development are not subject to assessment.  Planning authorities
should attach to the new permission all of those conditions from the
previous permission, where it is intended these should still apply.
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4 BACKGROUND 
4.1 Outline planning Application 02/00660/OUT for residential, industrial
and commercial floor space, community facilities (including new
primary schools), associated landscaping with the provision for sport
and recreation and new transport facilities at land bounded by A720,
Old Dalkeith Road and The Wisp, Millerhill was granted planning
permission in August 2014.  The application site, Site F, is a
component part of the wider Shawfair development. 
4.2 The Pre Application Consultation 17/00859/PAC regarding the use of
Shawfair Site F, Monktonhall Colliery Road, Dalkeith for the storage of
soil was reported to the Committee at its meeting in February 2017.
Section 42 applications are exempt from the formal pre-application
consultation process and consequently no consultation was required
prior to the submission of the current application. 
4.3 A Section 42 application (reference 17/00650/S42) was submitted in
August 2017 and granted planning permission in September 2019. The
application amended condition 4 of planning permission 02/00660/OUT
and thereby changed the means by which the Master Plan and Design
Guide (and related addenda) for Shawfair can be amended.  This
Section 42 application in effect became the new planning permission in
principle for the Shawfair development. 
4.4 Planning permission 18/00155/DPP for the storage of soil (top soil and
sub soil) was granted in October 2018 for a temporary period of 5
years. 
4.5 Whilst the soil stored at the site meets the definition of waste in Article
3(1) of the Waste Framework Directive 2008/98/EC, the operations
meet the definition of recovery (Article 3(15)) and not disposal (Article
3(19)). The project is therefore not an installation for the disposal of
waste (as per Category 11 (b) of Schedule 2 of The Town and Country
Planning (Environmental Impact Assessment) (Scotland) Regulations
2017) and hence it is not Schedule 2 development. The application
does not require screening for an Environmental Impact Assessment. 
4.6 The application site exceeds 2 hectares and therefore the application
would ordinarily be treated as a Major Development as defined in the
Town and Country Planning (Hierarchy of Developments) (Scotland)
Regulations 2009.  In this instance as the application relates to facilities
for managing secondary materials and would otherwise be considered
to be a Major Development it is considered to be a National
Development under National Planning Framework 4.  All applications
for National Development must be determined by the Planning
Committee. 
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5 CONSULTATIONS 
5.1 The Coal Authority does not object to the application subject to a
condition to ensure the provision of a 25 metre buffer zone around the
recorded mine entry sited within the application site. 
5.2 Network Rail does not object to the application and considers the
development will have no impact on railway infrastructure. 
5.3 The Scottish Environment Protection Agency (SEPA) does not
object to the application - the site is already licensed for the storage of
soils from the wider Shawfair development and has been operating in a
way that has not caused any problems. 
5.4 The Council’s Ecological Advisor does not object to the application.
The Council’s biodiversity screening process has identified the
biodiversity protections that apply to the site and due to the nature of
the application the proposal will not have any effect on the biodiversity
issues highlighted. 
5.5 The Council’s Senior Manager Neighbourhood Services (Roads)
does not object to the application.  The proposed extension of time
does not raise any transportation or road safety issues. 
5.6 The Council’s Senior Manager Protective Services (Environmental
Health) does not object to the application subject to conditions being
used to restrict the height of topsoil stockpiles to no more than 3
metres in height and subsoil stockpiles to no more than 8 metres in
height. 
5.7 Danderhall and District Community Council was consulted on the
application but offered no comment on the proposal. 
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. 
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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 5 Soils; sets out to protect carbon-rich soils, restore peatlands
and minimise disturbance to soils from development. The policy also
sets out acceptable scenarios for development on prime agricultural
land. 
7.7 Policy 6 Forestry, woodland and trees; sets out to protect and
expand forests, woodland and trees. 
7.8 Policy 9 Brownfield, vacant and derelict land and empty buildings;
sets out to encourage, promote and facilitate the reuse of brownfield,
vacant and derelict land and empty buildings, and to help reduce the
need for greenfield development. 
7.9 Policy 12 Zero Waste; sets out to encourage, promote and facilitate
development that is consistent with the waste hierarchy. 
7.10 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. 
7.11 Policy 23 Health and Safety; sets out to protect people and places
from environmental harm, mitigate risks arising from safety hazards
and encourage, promote and facilitate development that improves
health and wellbeing. 
Midlothian Local Development Plan 2017 (MLDP) 
7.12 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. The site is part of a larger site identified in the
MLDP as established strategic housing site h43 (Shawfair) with an
indicative capacity of 3,500 dwellings. 
7.13 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
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landscapes and to enhance landscape characteristics where they have
been weakened. 
7.14 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. 
7.15 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. 
7.16 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. 
7.17 Policy ENV16: Vacant, Derelict and Contaminated Land states that
the redevelopment of vacant and derelict land will be supported
provided it does not conflict with other local development plan policies.
It also states that the use of the land must be suitable in relation to any
potential risks from prior contamination and land instability. 
7.18 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 impacts. 
7.19 Policy ENV18: Noise requires that where new noise sensitive uses are
proposed in the locality of existing noisy uses, the Council will seek to
ensure that the function of established operations is not adversely
affected. 
7.20 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
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policies, unless material planning considerations indicate otherwise.
The planning history and consultation responses received are material
considerations. 
National Developments 
8.2 As noted in paragraph 4.6 the application site exceeds 2 hectares and
therefore the application would ordinarily be treated as a Major
Development as defined in the Town and Country Planning (Hierarchy
of Developments) (Scotland) Regulations 2009.  National
Developments are defined in Annex B of NPF4 which sets out 18
National Developments. Some of these are very area specific such as
number 9 which is the Edinburgh Waterfront, but some relate to
Scotland wide development.  One such National Development is
number 4 which relates to Circular Economy Materials Management
Facilities and defines National Developments as: 
A development contributing to ‘Circular Economy Materials
Management Facilities’ in the location described, within one or more of
the Classes of Development described below and that is of a scale or
type that would otherwise have been classified as ‘major’ by ‘The Town
and Country Planning (Hierarchy of Developments) (Scotland)
Regulations 2009’ is designated a national development:
a) Facilities for managing secondary materials; and
b) Recycling facilities. 
8.3 The definition of Facilities for managing secondary materials can be
found in Annex F – Glossary of NPF4 and reads as follows: 
Facilities where materials can be collected and sorted into the various
component parts or consolidated into bulk quantities for re-use either in
their original or an alternative function and for recovery. 
8.4 The supporting letter submitted with the current application explicitly
refers to “the keeping/storing of waste soils (topsoil and subsoil) for
reuse on the Shawfair Development area”. That description clearly falls
within Class a) as defined by NPF4 and consequently the proposal
must be considered to be a National Development. 
8.5 The key difference between a National Development and a Major
Development is the need to comply with Regulation 27 (Pre-
determination hearings) of The Town and Country Planning
(Development Management Procedure) (Scotland) Regulations 2013.
Regulation 27 states: 
27. - (1) Before determining an application for planning permission for a
development within the classes of development specified in paragraph
(2), the planning authority are to give to the applicant and to persons
who submit representations to the planning authority in respect of that
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application in accordance with these Regulations an opportunity of
appearing before and being heard by a committee of the authority. 
(2) The classes of development prescribed for the purposes of section
38A(1) of the Act (pre-determination hearings) are developments within
the categories of—
(a)national developments; and
(b)major developments which are significantly contrary to the
development plan. 
8.6 The applicant was offered the opportunity to take part in a pre-
determination hearing and to appear before and be heard by a
committee of the planning authority.  The applicant has declined this
offer and consequently the application has passed straight to
determination by the Committee.  The application has not received any
representations and therefore there are no representors who can be
offered the opportunity of a pre-determination hearing. 
Principle of Development 
8.7 The principle of this form of development at this location was
established by the granting of planning permissions 18/00155/DPP.
Whilst NPF4 has come into force since the granting of the original
permission, the policies in NPF4 do not represent material change in
planning circumstances which would warrant refusal of the Section 42
application on the grounds of the principle of development. 
Other Matters 
8.8 The site has operated for the purposes of soil storage in recent years
without causing any loss of amenity to residential properties in the
surrounding area or disruption to the surrounding road network.  The
soil stockpiles are in keeping with the scale of development in the
surrounding area and are not unduly prominent features.  Conditions
can be used to secure a safe buffer zone from the recorded mine
entries and to secure road cleaning. 
9 RECOMMENDATION 
9.1 That planning permission be granted for the following reason: 
The development site is an integral part of a committed development
site, as allocated in the Midlothian Local Development Plan 2017, and
the temporary use is an operational requirement to facilitate the wider
development of Shawfair. The distance of the site from existing
dwellinghouses, the nature and scale of the proposed development,
the use and operations on the site and the temporary nature of the use
means the development does not give rise to an unacceptable impact
on amenity. The development does not conflict with the relevant
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policies of National Planning Framework 4 and the Midlothian Local
Development Plan 2017. 
Subject to the following conditions: 
1. Planning permission for the storage of topsoil and subsoil on the
site is granted for a temporary period of 5 years.  The use shall
cease and any stored material on the land shall be removed by 22
October 2028. 
Reason: The temporary use is only acceptable on the site as it will
facilitate the implementation of committed development sites at
Shawfair including established strategic housing site h43 (Shawfair)
of which the site lies within. 
2. No stockpile of topsoil shall exceed 3 metres in height above the
ground level, prior to the soil storage use commencing. 
3. No stockpile of subsoil shall exceed 8 metres in height above the
ground level, prior to the soil storage use commencing. 
Reason for 2 & 3: In the interests of safeguarding the landscape
character and visual amenity of the area and for the stability of the
stored material. 
4. No soil shall be stored within 25m all recorded mine entries or
within 25 metres of the boundary of the application site. 
Reason: In the interests of safety. 
5. A scheme of road washing/clearing shall be put into operation at
times when material is being imported or exported to or from the
site (when this planning permission is being implemented).  The
road washing operation shall ensure all sections of road within
100m of the boundary of the site are kept free from mud and debris. 
Reason: In the interests of road safety. 
Peter Arnsdorf
Planning, Sustainable Growth and Investment Manager 
Date:     20 October 2023
Application No:    23/00512/S42
Applicant:   Shawfair LLP
Agent:              Holly Gillingham, Colliers International
Validation Date:  14 August 2023
Contact Person:  Graeme King 
Contact details:    graeme.king@midlothian.gov.uk 
Background Papers: 17/00859/PAC, 18/00155/DPP 
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File No.
1:5,001Scale:
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 condition 1 of 18/00155/DPP
Shawfiar Site F, Monktonhall Colliery Road, Dalkeith
23/00521/S42
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PLANNING COMMITTEE 
TUESDAY 31 OCTOBER 2023 
ITEM NO   
APPLICATION FOR PLANNING PERMISSION 23/00289/DPP FOR THE
ERECTION OF A CARE HOME WITH ANCILLARY ACCOMMODATION
AND ERECTION OF RETAIL UNIT; FORMATION OF CAR PARKING,
LANDSCAPING; AND ASSOCIATED WORKS AT LAND AT GREENLAW
MAINS, MAURICEWOOD ROAD, PENICUIK 
Report by Chief Officer Place 
1 SUMMARY OF APPLICATION AND RECOMMENDED DECISION 
1.1 The application is for the erection of care home with ancillary
accommodation and retail unit, the formation of car parking and
landscaping and associated works at land at Greenlaw Mains,
Mauricewood Road, Penicuik. 
1.2 There have been 71 representations and consultation responses
from Scottish Water, the Coal Authority, the Council’s Senior
Manager Neighbourhood Services (Roads), the Council’s Senior
Manager Protective Services and the Midlothian Health and Social
Care Partnership. 
1.3 The relevant development plan policies are policies 1, 2, 3, 13, 14,
15, 16, 20, 22, 23, 24, 25, 27 and 28 of the National Planning
Framework 4 (NPF4) and policies STRAT1, DEV2, DEV5, DEV6,
DEV7, TRAN5, IT1, TCR2, ENV9 and ENV18 of the Midlothian Local
Development Plan 2017 (MLDP). 
1.4 The recommendation is to grant planning permission subject to
conditions. 
2 LOCATION AND SITE DESCRIPTION 
2.1 The application site forms part of a larger housing development site
located to the northwest of the built up area of Penicuik, on land
between Deanburn and Mauricewood Road.  The development site
was originally allocated for residential development in the 2003
Midlothian Local Plan.  Detailed planning permission 12/00745/DPP for
the erection of 422 dwellinghouses and 36 flatted dwellings and
associated works at the wider housing site (site h25 ‘Greenlaw and
adjacent land’) in the MDLP was granted permission in 2016.  There
have been a number of subsequent applications to amend the
approved layout.  
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2.2 The site comprises rectangular parcel of land measuring approximately
0.39 hectares.  The land within the site slopes from west to east.   
2.3 The application site is surrounded by recently erected housing and
associated roads except to the northwest where there is a steep
embankment sloping up from the site to residential properties on a
neighbouring development.  There is a footpath running along the top
of this embankment from southwest to north.  The embankment has
not been landscaped but the approved plans for the wider development
show this to be a tree lined corridor.  The application site was
previously used as a construction site compound related to the
residential development surrounding the site. 
2.4 The existing built form within the area comprises two storey detached,
semi-detached and terraced residential properties.  There is a three
storey building to the east which accommodates flatted dwellings.  The
buildings in the surrounding area are generally finished in render,
reconstituted stone and concrete rooftiles. 
3 PROPOSAL 
3.1 Detailed planning permission is sought for the erection of a 54 bed care
home, retail unit and vehicular accesses, along with associated works
including car parking, drainage, ground level works, open space and
landscaping. 
3.2 The proposed care home has an L shaped footprint, with the longest
elevations facing northwest and northeast.  The care home building is
to be three storeys (10.5 metres) high with a slight pitched roof behind
a parapet wall.  The care home would be accessed from the south
where there is car parking with 23 spaces, including two electric vehicle
charging points. The building would be externally finished in buff multi
facing brick with dark grey uPVC window frames and doors, with a
single ply membrane roof.   
3.3 A patio area and private garden is to the northeast of the building, with
a sensory garden to the south.  Ground floor residents on the
northwest elevation have private outdoor patio space.  Balconies are at
first and second floor of the internal east and south facing elevations.
The care home includes dining rooms, quiet rooms, day rooms, bathing
facilities, plant room and laundry.  Residents and visitors would have
access to a café, visitor’s room, hair salon and cinema.   
3.4 The proposed retail unit is single storey with a pitched roof and faces
southeast.  The retail floorspace is 218sqm.  Eight parking spaces are
proposed to the front of the retail unit, as well as a service bay to
facilitate deliveries. 
3.5 The application is accompanied by:
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• A Planning Statement;
• Design and Access Statement;
• Noise Impact Assessment;
• Transport Statement;
• Coal Mining Risk Assessment; 
• Drainage Impact Assessment; and
• Energy Report.   
4 BACKGROUND 
4.1 The application site forms part of a larger residential allocation, site
h25, in the MLDP. The site was included in the 2008 Midlothian Local
Plan (MLP) as site h16, having originally been allocated for housing in
the 2003 Midlothian Local Plan.   
4.2 The wider housing development site located to the north west of the
built up area of Penicuik is referred to as ‘Greenlaw and adjacent land’
(site h25 allocated for 324 units in the 2008 MLP).  Detailed planning
permission 12/00745/DPP for the erection of 422 dwellinghouses and
36 flatted dwellings; formation of associated access road and parking
areas; provision of open space incorporating footpaths, areas for play
and sport, sustainable urban drainage features and landscaping; and
other associated works at the wider allocated housing site (h25
allocated for 458 units in the MLDP) was granted planning permission
in January 2016. 
4.3 As part of application 12/00745/DPP the principle of a local centre to
provide local facilities was approved.  The current application site was
identified as the location for this local centre.  Conditions were attached
to 12/00745/DPP stating: 
Prior to the commencement of any construction work on plots 277 to
458, details for the proposed local centre shall be submitted to and
approved in writing by the Planning authority. The submission will
comprise a formal Planning application in accordance with
Development Management Regulations. 
And … 
Prior to the construction of the 325th residential unit on the site, work
shall commence on the construction of the local centre, in accordance
with the details approved under condition 9 above. 
4.4 Further to the approval of 12/00745/DPP, there have been a number of
amendments to the approved layout.  The following applications have
been approved with conditions and implemented.  These did not
include any proposed changes to the application site: 
• 19/00263/DPP for the erection of 45 dwellinghouses (amendment to
design approved in terms of planning permission 12/00745/DPP).
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• 19/00256/DPP for the erection of 38 dwellinghouses (amendment to
design approved in terms of planning permission 12/00745/DPP). 
• 18/00014/DPP for the erection of 13 dwellinghouses (amendment to
house types approved in terms of planning permission
12/00745/DPP). 
4.5  Application 22/00673/DPP, for the erection of care home with ancillary
accommodation and retail unit, associated car parking and
landscaping, was submitted in 2022 at the current site.  This was
subsequently withdrawn. 
4.6 The application has been called-in to be considered by the Planning
Committee by Councillor Imrie.  Councillor Imrie has called this
planning application in to be determined by Planning Committee as
many of the objectors have written to all members of the Council and
there is a presumption, by these representors, that it will be discussed
at 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
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 will be
subject to 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 Scottish Water 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.  The evidence will be assessed in a robust manner and any
decision will reflect the best option from environmental and customer
perspectives. 
5.4 The Coal Authority does not object to the application. 
5.5 The Council’s Senior Manager Neighbourhood Services (Roads)
does not object to the application.  The level of parking proposed for
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the care home is in line with the operational requirements of other care
homes and given the location within a residential area, there would be
opportunities for any visitors unable to find a parking place within the
development to find suitable parking in the surrounding area.  The
proposed retail unit has an appropriate parking arrangement.  The
surface water drainage arrangements do not raise any flooding
concerns.  Conditions should be attached to any grant of planning
permission securing cycle parking, details of the vehicle access and
details of the proposed Care Home Travel Plan. 
5.6 The Council’s Senior Manager Protective Services does not object
to the application subject to conditions being attached to any grant of
planning permission to mitigate noise from associated plant equipment
and to address ground contamination.   
5.7 The Midlothian Health and Social Care Partnership does not object
to the application and offer no comments. 
“Midlothian has been experiencing the highest rate of population
growth in with the extensive house building programme across the
region. The planned housing developments and associated increase in
the population is beginning to have a disproportionate impact on some
medical practices compared to others.  GPs are already under
considerable pressure, regularly completing between 10,500 – 16,300
clinical contacts each week, with approximately 50% of the
workload 'on the day' unscheduled demand.  This proposed
development would see an increase in residents with potentially
complex needs and multi-morbidities, invariably leading to more
demand on already stretched GP Practices. 
We have no viable option to increase the footprint of any GP premises
across Midlothian, and there is currently no funding mechanism
available to link development of new General Practice premises to
population expansion. Nationally, there is a shortage of qualified
General Practitioners, which makes recruitment and retention
extremely challenging.  In respect to the GP practice in the vicinity of
this proposed development there is a current recruitment pressure (3
GP vacancies) - resulting in reduced capacity & risk of list closure - so
any new/imminent housing development in this area would be likely to
exacerbate that pressure further. 
In conclusion we are of the opinion that this proposed development
would place considerable demand on already pressurised GMS
services, with the potential risk of list closure.” 
5.8 The consultation responses are available to view in full on the online
planning application but raise the following concerns: 
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6 REPRESENTATIONS 
6.1 There have been 71 representations received, which can be viewed in
full on the online planning application case file.  All representors
objected to the application.  A summary of the main points raised are
as follows: 
• The proposal is contrary to MLDP, Scottish Planning Policy and
NPF4 in terms of 20 minute neighbourhoods, climate mitigation,
design quality and place, sustainable transport and health policies;
• A care home was not the use originally specified by Taylor Wimpey
or Avant.  This was to be a local centre, single storey retail unit and
nursery/crèche with outdoor space for use by the community.  The
proposals show a lack of trust and integrity by the housebuilders;
• A care home is not a use the surrounding community needs;
• A care home is not a suitable use in a residential area;
• People may not have moved to surrounding houses if they knew the
site was to be a three storey care home; 
• The proposal is contrary to the approval 12/00745/DPP where the
site was to be a local centre;
• The wider site is already over the allocated housing numbers so 54
additional units is contrary to the MLDP;
• The proposal will have a detrimental impact on the estate;
• A three storey building will be out of keeping with the surrounding
area;
• Other three storey buildings in the area  were designed with
consideration to the surrounding area and properties;  
• The building will be out of scale with the area and too close to
neighbouring properties and their boundaries;
• The building would directly overlook existing houses and impact on
privacy to these occupants;
• The building will have an overbearing impact on existing houses; 
• The building will result in loss of light to existing houses;
• The location of the retail unit appears as an afterthought and will
impact on views from existing houses; 
• The proposed tree planting will take decades to mature and offer
any privacy;
• The gardens for the care home are small and either surrounded by
parking or close to other houses, to the detriment of existing and
future occupants;
• The three storey building will reduce the views of many occupants;
• Insufficient parking is proposed;
• The proposed parking is inadequate.  Council standards require
0.75 spaces per bed plus 0.33 spaces for staff and insufficient
spaces are proposed for these.  Other visitor parking (for healthcare
workers etc) has not been provided for;
• The lack of parking will likely lead to inconsiderate parking;
• The additional traffic would exacerbate existing traffic and lack of
parking in the area;
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• The traffic generated by this use will be unsafe with children in the
area, with the site being close to a play area and route to school;
• The site is not easily accessed by public transport or by people with
mobility issues;
• The topography, climate and roads in the surrounding area are not
conducive to cycling;
• Disruption during construction from traffic and time to build would
be detrimental to the quality of life on the estate;
• The condition of the roads are not good;
• The proposal will increase noise, pollution and reduce air quality as
a result of the increase in traffic;
• Noise from staff changeovers and deliveries;
• The acoustic calculations for the external plant does not take into
account openable windows in proximity to the plant area.  This
would have a detrimental impact on local and care home residents;
• The ventilation to the kitchen will be an eyesore and will have more
visual impact than shown on the plans.  This will also result in smell
to the area;
• Light pollution as a result of the 24/7 nature of the care home;
• Noise, smells and fumes from the boiler room and refuse area;
• The bin collection area at Rosebank Place is outside the care home
boundary and will increase commercial bin lorries in the residential
area.  Any bins not collected will attract vermin and result in smells. 
The bins would be unsightly and noisy which will disturb residents;
• Drainage and flooding concerns to the surrounding properties and
area, which gets waterlogged regularly;
• There are factual inaccuracies in the transport statement including
speed limits in the area, details of the surrounding roads and city
bypass which raises questions over the credibility of this document;
• All comparable examples in the transport statement have a nearby
train station and close to a centre which is not the case here;
• The design and access statement includes an out of date map and
incorrect information, more relating to the previous application at
this site rather than the current proposal;
• The submissions are inaccurate and misleading;
• The submissions state market research shows a need for the care
home in the area, however this is not the case as care homes
struggle to attract employees.  The care home jobs add to an
already stretched service will not only cause problems for the
proposed care home but exacerbate the issue for existing facilities. 
Also GP appointments, pharmacy services, and dental care are
already operating at capacity;
• Construction works may affect the ground conditions in the area;
• The impact on local infrastructure needs to be considered;
• Neighbour notification needs to be reviewed as all houses in the
estate should have been consulted as most properties will be
affected by the proposal;
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• There was no information issued to local residents or meetings
before the application was submitted, which should have been a
normal requirement.  This is a lack of transparency;
• The proposal is very similar to and has not addressed the concerns
raised in the previous application;
• The previous similar application for a care home was widely
objected to and rejected;
• The proposal should not even be considered and there should be
no similar future submissions; 
• There is no clarity on why the previous application was withdrawn. 
It is queried if there were any consultation between the developer
and the Council before this was withdrawn;
• No details of the proposed ASHPs and solar panels are submitted;
• There are rooms within the thermal calculation shown as
overheating at significant periods of the year, which do not comply
with current regulations;
• The recent tactics undertaken by the Council are deeply unfair
towards the community and the Council as a public institution
should prioritise the community needs not the businesses;
• The submissions include amenities such as cafés, a celebration
suite, a hair salon, a cinema, and a library. However, these are
intended solely for the care home's residents, friends, and visitors. 
These do not contribute resources to the local community as initially
suggested;
• The area is lacking in amenities and a care home will exacerbate
this;
• More affordable housing is needed, not a care home;
• The Council has a responsibility to put existing residents first and
ensure amenities are in walking distance;
• The proposal provides short term gain for the developer and no
long term gain for local residents;
• Green spaces should be prioritised;
• The 24/7 nature of a care home will impact on people’s mental
health and sleep;
• Potential issues with people at the care home leaving the site to
smoke, creating privacy, noise and litter problems;
• The site is not brownfield but retains much of its previously
agricultural characteristics;
• The planning statement has not been prepared by a member of the
local community so how do they know what is needed;
• Objection to a private care home when elderly residents are made
to sell their house to pay the fees;
• No information on how the applicant will be contributing to the
upkeep of the estate is submitted.  As residents, staff and visitors
will be using the roads, and possibly green spaces they should pay
for a proportion of the upkeep;
• The proposed retail unit appears to be a token gesture intended to
secure a favourable outcome; 
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• The submitted planning statement states the retail unit may not
attract a tenant; 
• If the Council wants a care home, do they not have appropriate land
for this which can be given to the developer; and
• Residents have brought a lot to the local area through developer
contributions, council tax payments, spending in local shops etc.
There is a lot of interest in making this site a place for the
community.  However, the delays in determining the application
impede the community's ability to take action and look at solutions
on how residents can own and run the site, to add value to the
community and make a better place for those who live within the
surrounding housing developments. 
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 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. 
7.7 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. 
7.8 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. 
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7.9 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. 
7.10 Policy 20 Blue and green infrastructure; sets out to protect and
enhance blue and green infrastructure and their networks. 
7.11 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. 
7.12 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. 
7.13 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. 
7.14 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. 
7.15 Policy 27 City, town, local and commercial centres; sets out to
encourage, promote and facilitate development in our city and town
centres, recognising they are a national asset. This will be achieved by
applying the Town Centre First approach to help centres adapt
positively to long-term economic, environmental and societal changes,
and by encouraging town centre living. 
7.16 Policy 28 Retail; sets out to encourage, promote and facilitate retail
investment to the most sustainable locations that are most accessible
by a range of sustainable transport modes. 
Other National Policy 
7.17 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. 
7.18 The Scottish Government’s Policy on Architecture for Scotland
sets out a commitment to raising the quality of architecture and design. 
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Midlothian Local Development Plan 2017 (MLDP) 
7.19 Policy STRAT1: 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. 
7.20 Policy DEV2: Protecting Amenity within the Built-Up Area states
that development will not be permitted within existing and future built-
up areas where it is likely to detract materially from the existing
character or amenity of the area. 
7.21 Policy DEV5: Sustainability in New Development sets out the
requirements for development with regards to sustainability
principles. 
7.22 Policy DEV6: Layout and Design of New Development states that
good design and a high quality of architecture will be required in the
overall layout of development proposals.  This also provides guidance
on design principles for development, materials, access, and passive
energy gain, positioning of buildings, open and private amenity space
provision and parking. 
7.23 Policy DEV7: Landscaping in New Development requires
development proposals to be accompanied by a comprehensive
scheme of landscaping.  The design of the scheme is to be informed
by the results of an appropriately detailed landscape assessment. 
7.24 Policy 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. 
7.25 Policy IT1: Digital Infrastructure supports the incorporation of high
speed broadband connections and other digital technologies into new
homes, business properties and redevelopment proposals. 
7.26 Policy TCR2: Location of New Retail and Commercial Leisure
Facilities states that the Council will apply a sequential town centre
first approach to the assessment of applications.  This directs retail
developments to the following areas in order:
• Town Centre - Bonnyrigg, Dalkeith, Gorebridge, Loanhead, Mayfield,
Newtongrange, Penicuik, Shawfair 
• Commercial centre – Straiton Commercial Centre
• Potential out of centre location - Main corridor from
Gorebridge/Redheugh to Newtongrange 
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• Local Centres - Danderhall, Bonnyrigg/Hopefield,
Bonnyrigg/Poltonhall, Dalkeith/Thornybank, Dalkeith/Wester
Cowden, Dalkeith/Woodburn, Eskbank Toll, Gorebridge/Hunterfield
Road, Bilston, Penicuik/Edinburgh Road, Roslin and Pathhead 
7.27 Policy TCR2 also states that new shopping facilities, up to a scale of
1,000sqm gross floor area, will be permitted within local centres,
provided they do not undermine the vitality and viability of any of
Midlothian’s town centres.  It also states that elsewhere within the
built-up area such facilities will be supported where new housing
developments are not adequately served by existing centres.  Any
such development should not have a negative effect on the amenity
of the adjoining residential area, including traffic and parking
considerations. 
7.28 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. 
7.29 Policy ENV18: Noise requires that where new noise sensitive uses are
proposed in the locality of existing noisy uses, the Council will seek to
ensure that the function of established operations is not adversely
affected. 
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 planning history, representations and consultation responses
received are material considerations. 
Principle of development 
8.2 The site is located within the built-up area of Penicuik where there is a
presumption in favour of appropriate development.  The proposal would
not lead to the loss of valuable open space. 
8.3 The concept of a local centre being established on the part of the
development site which comprises this planning application site is well
established.  While the occupants/operators of the local centre were
not specifically defined (nor could they be) through the conditions
attached to planning permission 12/00745/DPP the provision, and
phasing of the delivery, of a local centre were covered.  At the time of
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the 2012 planning application it was expected that the local centre
would not include housing and would be made up of commercial uses,
such as retail, a crèche and other uses appropriate to a local centre. 
8.4 The principle of delivering a class 1 retail unit on the site is established
through the extant planning permission ref: 12/00745/DPP and
therefore the spatial requirements of policy TCR2 of the MLDP do not
prohibit this development.  The original 2012 consent does condition
the requirement for a “Local Centre”, implying the provision of multiple
local facilities for the nearby residents. 
8.5 The provision of a single retail unit is considered to be a use which is
acceptable in principle within a local centre.  It is not quite as clear that
the provision of a private care home (Class 8) would contribute to local
facilities provided within a local centre.  However, as stated previously
there is no definition, or list, of the commercial uses which would be
acceptable within the local centre.  The care home will potentially
provide accommodation for members of the community who no longer
can live independently in their own home.  It would provide scope for
elderly members of the community to remain in the same community.
In addition, the care home will have a café, hair salon, cinema and
function room which will be available for the general public to use.
These are considered to be local facilities which the local community
can utilise and are commercially viable because of the care home use.   
8.6 A number of objectors have stated that the housebuilder advised that
the site would be a single storey retail unit and creche/nursery. 
Application 12/00745/DPP included general proposals for the provision
of land for a small commercial centre.  However the detail of the local
centre was to be subject to a separate planning application and it was
not conditioned what this would include, only that this development was
to provide local facilities.  The Council was not party to discussions
between the housebuilder and house purchasers during the sale and
purchase of the nearby homes.  However, it is the case that there was,
and still is, no approved detail relating to the local centre. 
8.7 With regard to the policies 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 in close
proximity to a large number of residential properties, facilities that care
home residents would use, public transport options and active travel
connections and as such is considered to be in a sustainable location
in compliance with NPF4. 
8.8 As a result of the above, the creation of a local centre comprising a
care home, on the basis of what has been submitted (including all of
the facilities), and a retail unit comply with the terms of the 2012
planning permission and are acceptable in principle. 
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Design, Scale and Layout 
8.9 The majority of the surrounding buildings are two storey detached,
semi-detached and terraced housing of traditional scale and form. 
There is a three storey flatted block to the east.   
8.10 The care home is positioned at the rear (west) of the application site,
with parking close to existing parking in the area.  The retail unit is sited
at the front (east) of the application site, occupying the prominent site
frontage.  There are small areas of open space within the site.   
8.11 The proposed care home is three storeys high and therefore larger in
scale than some of the surrounding buildings. The scale and design of
the proposed development is distinctly different from the surrounding
area, with a contemporary flat roof appearance and larger window
openings.  While this design approach contrasts with the surroundings
it identifies the site as being distinctly different in use from the
surrounding residential buildings and provides an urban design point of
focus.   
8.12 The design of the care home has been altered from that proposed in
the previously withdrawn application, largely through the removal of the
hipped roof and replacement with a shallow pitched roof.  This has
markedly reduced the overall scale, form and impact the building would
have on the amenity of the surrounding area and properties.  This,
combined with the care home being positioned to the rear of the site
behind the retail unit, limits the visual impact of the care home in the
area and responds to comments made on the earlier planning
application.  The scale and design are appropriate despite being of a
larger massing at third storey level, compared to pitched roofs at similar
heights. 
8.13 The proposed retail unit is single storey with a pitched roof parallel to
the adjacent road, matching the orientation of houses in the area.   
8.14 The two proposed buildings are to be finished in facing brick.  Details of
the brick can be required by condition, however the use of buff brick as
suggested would not be appropriate.  Other types of brick have been
used effectively elsewhere in the area and in Midlothian, which can be
effective in delivering textured detailing which break up larger
elevations.   
8.15 There are a number of flues on the care home, with the largest
appearing to be serve a kitchen that projects 2 metres high.  This is
positioned on a 10.5 metre high building and set back over 6 metres
from the nearest elevation.  The combination of the height of the
building with the flue being set back from the wall means that the visual
impact of this will be limited.  The position means that any fumes will be
easily dispersed in the area.   
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8.16 Due to the levels within the site and surrounding area, some retaining
walls are proposed.  The highest is to the south of the care home,
between the open space and parking area.  This retaining feature is
proposed to be 1.1 metres to 1.3 metres high with a 1.1 metre high
steel railing above.  While this will be a large feature it will be separated
from existing properties by open space and a road.  The use of a
lightweight railing above will limit the visual impact of this structure. 
8.17 The levels also mean the retail unit will have an under-build of 0.45
metres at the east elevation.  The visual impact of this is limited
through the use of large areas of glazing on this elevation.  In this
instance this is acceptable. 
8.18  Overall, the proposed design approach is a logical urban design
solution to accommodate a local centre, with facilities available to the
community, within a wider residential development.   
Amenity Space 
8.19 The care home provides communal outdoor amenity space in the form
of communal balconies, private garden/patios and a sensory garden. 
There is almost 300 square metres of amenity space to the north of the
care home, forming garden ground and an external terrace enclosed by
a 1.8 metre high timber fence.  The sensory garden by the building’s
entrance includes a seating area and small putting green.  This is
approximately 150 square metres.  There is also 5 metres of open
space to the west boundary between the care home and the boundary
fence, separating the site from the steep slope up to the footpath and
neighbouring properties.  Therefore there is adequate amenity space
provided for the development.   
Impact on Surrounding Properties 
8.20 The neighbouring two storey houses could be affected by the proposal
in terms of impact on privacy, loss of light and the care home in
particular having an overbearing impact.  The house to the north, 13
Rosebank Place, would be most affected along with the houses to the
west and the house to the south at 61 Porterfield Crescent. 
8.21 The north elevation of the care home is 10.7 metres from the side
elevation of 13 Rosebank Place and 9 metres to the shared boundary. 
While this is relatively close, tests carried out during the assessment of
the planning application have demonstrated that the care home would
not significantly adversely affect light to the garden or house to a
degree to warrant refusal.  There would be some loss of light during the
afternoon, mainly between the hours of 2pm and 3pm.  However more
than half the garden ground would remain unaffected, which is
acceptable.   
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8.22 There is potential for overlooking from the care home to the garden
ground of 13 Rosebank Place, especially as the care home is proposed
to be three storeys in height.  However the layout of the care home
means the section of the elevation facing the garden at 13 Rosebank
Place has no windows which directly overlook this garden.  The closest
windows to this garden serve halls and stairwells, which would further
limit overlooking as compared to if these served living accommodation. 
Given this, there is no significant overlooking from the care home to the
house or garden at 13 Rosebank Place.   
8.23 There are two windows at 13 Rosebank Place facing the care home,
which serve a bathroom and en-suite.  Given the uses of these rooms,
the proposal would not have an overbearing impact on the outlook of
these rooms.  Also, the use of these rooms limits any impact on privacy
between properties.   
8.24 The house to the south, at 61 Porterfield Crescent, is 19 metres from
the site boundary and 26 metres from the closest point of the care
home.  There are two windows on the elevation facing the care home,
again serving a bathroom and ensuite.  Given the orientation of the
site, the distance from the care home, and the window arrangement of
this property there would not be a significant impact on the amenity of
the occupants of this property as a result of the proposal.     
8.25 The boundary of the houses to the west are 34 metres from the care
home, with the closest elevations 47 metres away.  Although the care
home is three storeys high and could overlook these houses and
gardens, the distance between buildings exceeds the accepted
distances of 25 metres between rear elevations of properties, which
means there would not be significant adverse impact on the amenity of
existing and future residents.   
8.26 Due to the position, size and scale of the retail unit, this would not have
significant adverse impact on the amenity of nearby residential
properties. 
8.27 The proposed bin collection area is from a public road, close to a
parking area and opposite houses.  This will not have an additional
adverse impact on residential amenity as compared to the existing
situation.   
Parking and Road Safety Issues 
8.28 The Council’s Senior Manager Neighbourhood Services (Roads) has
considered this proposed development and has not raised any road
safety concerns regarding the proposed care home and retail use.  The
use of the site as a care home and retail unit would not result in
additional road safety issues as compared to those that could arise
from an alternative development of the application site.   
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8.29 There is some concern, raised by representors, regarding the level of
staff and visitor parking proposed for the care home.  Given the
specialised nature of care homes, the standard parking ratio for
‘Residential Homes’ would not be appropriate and sufficient parking for
staff, with additional spaces for visitors, is more appropriate.  The
submitted Transport Statement (TS) states that 23 parking spaces are
provided for the care home, however only 19 spaces are shown.  It is
assumed that the four spaces accessed from Meikle Drive are
allocated to the care home, providing the 23 parking spaces stated. 
8.30 The TS states that 20 staff would be based on site and indicates that
some could live locally and may travel to work by foot or public
transport.  The TS also provides information on the parking
arrangements at existing care homes operated by the developer.  The
majority of these have lower levels of staff and visitor parking than
proposed and the TS indicates these are operating without any parking
issues. The TS also includes a Framework Travel Plan for the care
home which indicates the type of measures that the management
would use as part of their own Travel Plan, with the aim to encourage
staff and visitors to use more sustainable travel options. 
8.31 The proposed 23 parking spaces are in line with the operational
requirements of other care homes.  Given the location, within a
residential area, there would be opportunities for any visitors unable to
find a parking place within the development to find suitable parking in
the surrounding area.  Therefore the parking provision for the care
home is considered acceptable.  Any illegal parking would be a matter
for the Police.   
8.32 The parking for the retail unit is acceptable.   
8.33 Further detail of the proposed cycle parking is required, as are details
of the proposed Care Home Travel Plan. 
8.34 Any disruption during construction from traffic, noise, pollution or
reduction in air quality is unlikely to be at an unacceptable level and
would not be significantly different to that caused by an alternative
development of the site.   
8.35 The applicant’s agent has confirmed it is not the intention to close any
roads in the area during development. 
Noise 
8.36 The Senior Manager Protective Services considered the Noise Impact
Assessment and plans.  These have addressed previous noise
concerns and so there are no noise concerns arising from the proposal. 
The only comments on noise relate to requiring an acoustic fence to be
erected around the air source heat pump (ASHP).  The ASHP has
subsequently been withdrawn from the proposal.  There are no
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concerns regarding noise, smells or fumes from the boiler room and
refuse area.   
8.37 Any noise from staff changeovers and deliveries would not be
significantly different for the proposed development compared to other
commercial proposal at this site.   
Landscaping and Biodiversity 
8.38 The proposed landscaping is generally acceptable.  However, there
should be additional planting to integrate the site into the surrounding
area.  This additional planting would also connect the site with the
emerging green network in the wider area, such as the landscape
corridor on the embankment to the west and open space to the
southeast.  The use of rain gardens, to allow for infiltration of rainwater
from roofs, hard surfaces and to optimise the biodiversity value of the
site, should be secured by condition.  Additional planting could be in
the form of climbers and/or ivy screens to soften the impact of fencing,
adding interest and benefiting wildlife.  The submissions include bat
and bird boxes, which is welcomed.  These details can be secured by
condition.   
Developer Contributions 
8.39  Due to the uses proposed and their scale and location, in this instance
there is no requirement for developer contributions. 
Other Matters 
8.40 The drainage information submitted is acceptable.  The proposal would
not increase flood risk in the area.   
8.41 Privacy, noise and litter problems from people leaving the site to smoke
would not be significantly different for the proposed development
compared to other commercial proposals at this site.   
8.42 Should permission be approved, details of the proposed solar panels
would be required to be submitted for approval.   
8.44 The proposal includes lighting within the garden ground of the care
home and the car parks.  This is a combination of streetlights, wall
lights and bollards.  There are bollard lights to the north of the care
home which could have some impact on the amenity of the adjacent
properties, as there are windows on the side elevations of these
houses.  However the windows serve bathrooms and a hall and so any
impact is limited and not significant.  There are lights that may affect
the houses to the south, however this is separated from the site by a
road and existing streetlights so this is not considered significant. 
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8.45 From an economic development perspective the development would
support Community Wealth Building principles and create employment
opportunities - promoting local business development through the retail
and other opportunities presented by this development, such as hair
salon, cinema, cafe and function room.  The retail and other
opportunities should complement local services provided by the nearby
local shops, and superstore.     
8.46 The Midlothian Health and Social Care Partnership (MHSCP) have
expressed both a general concern over the scale of housing/population
growth in Midlothian and its resulting impact on health provision
services, and a concern at a local level, identify three GP vacancies in
Penicuik.   
8.47 The applicant has also contacted MHSCP and the local GP practice to
make them aware of the proposal. The applicant has provided the
following information in relation to the impact of the development on
local NHS services based on their engagement: 
. The Care Home will have 24hr on-site Registered Nurse cover,
this on-site presence will reduce the requirement to seek an
appointment at the local GP practice or have a GP visit to the
Care Home,
. Alignment between a local GP practice and Care Home has
proved hugely successful in other areas.  Clinical staff on-site
liaise with the practice and assist when rolling out programmes
such as flu & covid vaccines.  On-site nurses will provide nursing
and dementia care which includes palliative care.  Nurses will be
trained and have the clinical skills to deliver the necessary care
without needing constant input from the local GP practice,
. It is the case that concerns for residents doesn't always result in
the need for a GP visit to the Care Home or appointment at the
GP practice.  Telephone consultations along with NHS 24 are
used to triage and make decisions about next steps.
. It is anticipated that a significant proportion of residents within the
care home will be from the local area and therefore already
registered with local healthcare services. 
8.48  The measures set out by the applicant would in part (but not
completely) address the concerns regarding the potential impact on
local NHS services.  Furthermore, the Council as the local planning
authority has to balance the need and demand for housing and facilities
such as the proposed care home against the well documented
pressure on all health care services.  In this case the pressure on
services are outwith the control and influence of the planning authority
or the applicant – for example the MHSCP identify three vacant GP
posts in Penicuik, filling these posts cannot be secured via a planning
application and the vacancies cannot be used as a reason to refuse
planning permission as it is considered not to be a material planning
consideration.  The Planning system can help to identify sites and
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secure infrastructure through the development plan process if a facility
deficiency (not staffing) is identified and evidenced – no such
deficiency was identified in the preparation of the MLDP, the basis of
assessment for the current application. 
Consideration of Representor Comments Not Addressed Above 
8.49 Neighbour notification was carried out in line with the relevant
regulations, which is to all notifiable neighbours within 20 metres of the
application site.  The application was also advertised in the local press. 
While it may be useful for agents to issue information to local residents
or hold meetings in advance of an application being submitted, there is
no statutory requirement for this to be done for a development of this
scale.   
8.50 There is no requirement for supporting documents to be prepared by
people local to an area.   
8.51 Payment of care home fees is not a planning matter/consideration.   
8.52 Any contribution to the upkeep of the estate by the care home would be
a private legal matter between the relevant parties and is not a
planning consideration.   
8.53 The Council can only determine the application that has been
submitted, rather than require the site to be used for an alternative use,
such as affordable housing. 
8.54 While the proposed development may limit the view from some
residential properties the Council cannot protect views from private
properties.  It is not a material consideration in the assessment of
planning applications 
8.55 The Coal Authority has not raised any objection to the proposal.  Any
concerns over ground conditions in the area would be addressed
through the Building Warrant process.  Any non-compliance with
Building Warrant regulations would be addressed by the Building
Standards process. 
9 RECOMMENDATION 
9.1 That planning permission granted for the following reason: 
The proposed development is in keeping with the surrounding
residential area and would not have an adverse impact on the
character or appearance of this or the amenity of nearby residential
properties.  The proposed detailed scheme of development in terms of
its layout, form and design is acceptable and as such accords with
development plan policies. The presumption for development is not
outweighed by any other material considerations.  As such the proposal
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complies with policies STRAT1 and DEV2 of the Midlothian Local
Development Plan 2017 and the aims of National Planning Framework
4.    
Subject to the following conditions: 
1. The development to which this permission relates shall commence
no later than the expiration of three years beginning with the date of
this permission. 
Reason: To accord with the provisions of Section 58 of the Town
and Country Planning (Scotland) Act 1997 (as amended by the
Planning (Scotland) Act 2019). 
2. Development shall not begin until 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;
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. 
Before any part of the site is occupied for commercial or residential
purposes, the measures to decontaminate the site shall be fully
implemented as approved by the planning authority. 
3. On completion of the decontamination/remediation works required
in condition 2 and prior to any unit being occupied on site, 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 part of the development
shall be occupied until this report has been approved by the
planning authority. 
Reason for conditions 2 and 3: To ensure that any contamination
on the site/ground conditions is adequately identified and that
appropriate decontamination measures/ground mitigation measures
are undertaken to mitigate the identified risk to site users and
construction workers, built development on the site, landscaped
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areas, and the wider environment; to ensure the remediation works
are undertaken. 
4. 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 proposed external materials; 
b) Details of the materials of all areas of hardstanding; 
c) Details of the electric vehicle charging equipment;
d) Details of the proposed cycle parking;
e) Details of the position, design, materials, dimensions and finish
of all walls, fences, gates or other means of enclosure; 
f) Details of the sprinkler tank, including dimensions, elevations,
materials and finish;
g) Details of a scheme of landscaping for the site. Details shall
include the a planting schedule with plant species, sizes and
landscape specification, including ground preparation, topsoil,
subsoil, soil ameliorants, pot sizes/ root condition for trees and
hedging, details of planting density and/or numbers, and details
of plant protection;  
h) Details of a sustainability/biodiversity scheme for the site,
including the provision of house bricks and boxes for bats and
swifts and small mammal passage points in any fencing; 
i) Details of the proposed hours of operation of the retail unit; and
j) Details of the proposed Care Home Travel Plan. 
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: These details were not submitted as part of the
application: to ensure the development is finished in high quality
materials; to protect the visual amenity of the surrounding area; to
ensure the development is provided with adequate amenity; to help
integrate the proposal into the surrounding area. 
5. The use of buff brick is not approved.  The details required in
condition 4a) hereby approved shall include details of an alternative
brick finish.   
Reason: To ensure the proposal is finished in materials appropriate
to the surrounding area.  
6. The areas of hardstanding agreed in terms of condition 4b) shall be
surfaced in a porous material. 
Reason: To ensure that the site is adequately drained; in the
interests of the amenity of the area 
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7. Before the care home or retail unit is occupied or completed,
whichever is first, the installation of the means of drainage
treatment and disposal hereby approved shall be completed to the
satisfaction of the planning authority. 
Reason: To ensure that the development is provided with adequate
drainage facilities prior to occupation. 
8. The landscape plan approved in condition 4g) shall investigate the
use of rain gardens to allow for infiltration of rainwater, such as from
roofs and hard surfaces.  If this is not possible, details of why shall
be provided for approval. 
Reason:  To optimise the biodiversity value of the site. 
9. The landscape plan approved in condition 4g) shall include a
planting schedule which includes native planting.   
Reason: To ensure the planting is appropriate for the site, native
and promotes biodiversity. 
10. The landscape plan approved in condition 4g) shall include shrub
planting between the care home and retail unit car parks. 
Reason:  To reduce the visual impact of parked vehicles. 
11. The landscape plan approved in condition 4g) shall include living
screens or native flowering climbing plants or ivy screens on
tensioned wire trellis systems attached to the buildings hereby
approved unless otherwise approved in writing by the planning
authority. 
Reason:  To soften the impact of fencing, add interest and benefit
wildlife. 
12. The scheme of landscaping approved in accordance with condition
4g) shall be carried out and completed within six months of the care
home or retail unit either being completed or brought into use,
whichever is the earlier date.  Any trees or hedgerow removed,
dying, severely damaged or becoming seriously diseased within five
years of planting shall be replaced in the following planting season
by trees or hedge planting of a size and species similar to those
originally required. 
Reason: To ensure the landscaping is carried out and becomes
successfully established. 
13. Development shall not begin until details, including a timetable of
implementation, of superfast broadband have been submitted to
and approved in writing by the planning authority. The details shall
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include delivery of superfast broadband prior to the occupation of
the care home. The delivery of superfast 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 in accordance with
the requirements of policy IT1 of the Midlothian Local Development
Plan. 
14. The vehicle access to the retail parking area shall be formed as a
vehicle ‘drop kerb’ crossing rather than the standard ‘bell mouth’
arrangement. 
Reason:  To give priority to pedestrians using the public footway. 
15. The design and installation of all plant, machinery and equipment
shall be such that the combined noise level shall not exceed NR 30
daytime (07:00 to 23:00 hrs) or NR 25 if the noise is tonal and NR
25 night-time (23:00 to 07:00 hrs) or NR 20 if the noise is tonal as
measured from within any living apartment in any neighbouring
noise-sensitive premises. 
16. Development shall not begin until an application for approval of
matters specified in conditions for a Construction Environment
Management Plan (CEMP) has been submitted to and approved in
writing by the planning authority. The CEMP shall include: 
i. Details of construction access routes; 
ii. signage for construction traffic, pedestrians and other users of
the site; 
iii. controls on the arrival and departure times for construction
vehicles, delivery vehicles and for site workers (to avoid
school arrival/departure times); 
iv. details of piling methods (if employed); 
v. details of any earthworks; 
vi. control of emissions strategy; 
vii. a dust management plan strategy; 
viii. waste management and disposal of material strategy; 
ix. a community liaison representative will be identified to deal
with the provision of information on the development to the
local community and to deal with any complaints regarding
construction on the site; 
x. prevention of mud/debris being deposited on the public
highway; 
xi. material and hazardous material storage and removal; and 
xii. controls on construction, engineering or any other operations
or the delivery of plant, machinery and materials (to take
place between 0700 to 1900hrs Monday to Friday and 0800 to
1300hrs on Saturdays). 
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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: 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 October 2023 
Application No:    23/00289/DPP
Applicant: Morrison Community Care (Penicuik) Devco
Limited
Agent:              Callum Fraser, Iceni Projects 
Validation Date:  4 May 2023
Contact Person:  Mhairi-Anne Cowie, Planning Officer 
Email:     mhairi-anne.cowie@midlothian.gov.uk
Background Papers: Planning applications 12/00745/DPP and
22/00673/DPP
Attached Plans:  Location plan, site plan and elevations. 
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File No.
1:2,500Scale:
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 care home and associated works
Land at Greenlaw Mains, Penicuik
23/00289/DPP
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