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September 2020

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September 2020 FAIRMILEHEAD COMMUNITY COUNCIL Planning Report –September 2020 A. FAIRMILEHEAD CC – LIVE 1. Development for mountain bike trail centre, indoor and outdoor leisure, food and beverage, professional services suites, offices, retailing, short stay visitor accommodation and associated site access, parking, landscaping and other works at the former Lothianburn Golf Club, 106 Biggar Road Reference: - 19/00764/PAN (CEC) and 19/00126/PAC (Midlothian) On 13 February 2019 this PAN was lodged by Hillend Leisure Limited. There was a previous PAN under Reference 15/00169/PAN (CEC). There was a public consultation event on Tuesday 5 March 2019 in the Swanston Golf Club. Part of the site lies within Midlothian Council. The PAN was served on both local authorities, but it is understood that Edinburgh Council will be the lead determining authority of any future planning application. Alastair McClung attended the FCC meeting on 3 September 2019 and gave an update on the proposals. I attended a meeting of the Damhead and District Community Council on 3 December 2019 at which Alastair McClung and his planning agent, Richard Slipper outlined their proposals and the issues they are currently working on. Richard wrote to me in June to explain that COVID-19 has impeded them somewhat on progress with the development, but they continue to aim for a PPP submission, once there is a more clear path ahead for businesses overall. B. FAIRMILEHEAD CC – PENDING 2. Numerous Tree works at 231 Braid Road Reference: - 19/05894/TPO Mortonhall Golf Club are seeking approval for numerous Tree works. The Trees are covered by a TPO dating back to 1954. In a report accompanying the application, the agent states the “aim is to improve the safety and amenity value of the woods while bringing them back into active management.” The works will be staged over the next 5 years. The agent sent me an update last month. Little progress has been made recently, but it is hoped to get things moving again soon. The specific species for restocking has not yet been decided, but the aim is to increase both species and age diversity throughout the woods, and also with an emphasis on broadleaf species, favouring natives. If natural regeneration can be utilised to fill gaps then this will be utilised as it is more natural, subject to not reducing diversity within the woods. Further updates will be given as and when received. 3. Proposed residential development at the former Comiston Farmhouse, 83 Pentland View Reference:- 19/02636/FUL Previous Reports mentioned the proposal by Buckley Building UK Limited to retain the Farmhouse and convert it in to 4 flats. In addition, 4 detached properties will be built in the grounds to the rear. On 4 February 2020 the application was withdrawn by Buckley. It is understood this relates mainly to issues with access to the site for emergency/refuse vehicles. A new application taking account of these issues will be lodged. The time period in the Sale Agreement has been extended as a result. No update. 4. Consent requested to install and display four non-illuminated roundabout sponsorship signs on the roundabout facing each of the entrance roads on the Roundabout at Dreghorn Link. (Also: EDB028 - Straiton, 4 signs, Easting 327451, Northing 666977; EDB029 - Biggar Road, 3 signs, Easting 324843, Northing 667699) Reference: - 20/02461/ADV This is an application by Community Partners Limited to install 4 non-illuminated advertising signs at 3 nearby roundabouts – Dreghorn Link; Straiton: and Biggar Road. Each sign will measure 1.2m by 0.5m, and be mounted 0.45m from the ground. 63 objections were lodged on the Planning Portal by the closing date of 10 July. Similar applications are being made for signs on roundabouts at various other locations throughout the Edinburgh area, and some of these also attracted a number of objections. On 14 September, a Memo from the Council’s Transport Dept dated 3 August was lodged on the Planning Portal. This raised a number of concerns, including – requirement for road safety audits to be carried out for each site; and clarity to be provided on the future maintenance of the signs. The Memo also noted as regards the specific proposed locations – “City Bypass / Biggar Road roundabout – the proposed location raises a number of concerns for road safety and the location is unlikely to be acceptable, even with more modest signs. This location includes an approach road under the control of Transport Scotland and their views should be sought” C. FAIRMILEHEAD CC – COMPLETED 5. External and internal alterations (merge numbers 1 and 2 Swanston Village) at 1,2 Swanston Village References:- 20/03138/FUL and 20/03139/LBC This is an application by Colin McClung to “combine” 2 of the houses in Swanston Village. A set of the drawings can be viewed on the Planning Portal. The application was granted as a Local Fast Track Decision on 16 September as it complied with the LDP and relevant non-statutory guidance. 6. Remove approx. 10 dead Scots Pines. Sever Ivy at bases of remaining trees & inspect for decay. Remove some dead, dying & suppressed Sycamores & Elders. Reduce branches over road at 8 High Buckstone Reference: - 20/02523/TPO This application made by Frontier Forestry on behalf of the High Buckstone Residents Association for various tree works to be done on the wooded area between High Buckstone and the open space and play area adjacent to the Roundel was granted as a Delegated Decision on 24 August. D. CONSULTATIONS, GUIDANCE AND OTHER NEWS 7. COVID-19 - impact on Planning Service (The following is a high level update and subject to change) (a) The Scottish Government first published Frequently Asked Questions on recurring Development Management issues on 23 April. These are updated regularly. (b) Virtual meetings of the DMC are continuing as are virtual meetings of the Local Planning Review Body. Midlothian Planning Committee are also holding virtual meetings with the next meeting arranged for 13 October. (c) Provisions of the Coronavirus Act Extended - on Monday 24 August, the Scottish Government announced that it has taken the decision that, subject to the agreement of Parliament, Part 1 of both Coronavirus Acts should be extended, to 31 March 2021. This means that the provisions which extend the duration of Planning Permission, Listed Building Consent and Conservation Area Consent are to be extended beyond the current expiry dates. The "emergency period" is, as defined in both Acts due to expire on 6 October 2020 with the "extended period" due to expire on 6 April 2021. The Regulations amend the expiry of the "emergency period" to 31 March 2021 and the "extended period" to 30 September 2021. 8. Short-Term Lets (i) A report was submitted to the meeting of the Planning Committee on 2 September. This was produced in response to a Report on Commercial Short-Term Lets published by Andy Wightman MSP in July. A survey conducted by Andy in the first half of 2020 identified 477 properties in Edinburgh which were considered to be operated on a commercial basis, with no permanent resident. 444 of these used a communal entrance or access. Using Planning Enforcement information available on the Planning Portal, the survey identified that 380 of the properties appeared not to have been reported to the Council previously. Of the 477, the survey could only identify one that had sought and obtained planning permission for such a use. The Council report indicated that opening 380 cases would more than double the current Planning enforcement caseload and lead to a delay in other enforcement action which is already prioritised. At present the Planning Enforcement team has a current workload of 286 cases, of which 56 relate to Short-Term Lets. The Council’s policy is to concentrate resources on properties where ”there is specific harm of residential amenity”. The Council recommend that residents report possible breaches of planning controls by using the online form on the Council website. The Council also has a best practice checklist which provides information on what consents are required and how visitors should be managed to protect the amenity of neighbours. (ii) The Scottish Government have recognised that Short-Term Lets are an issue. Earlier this year plans were announced to establish a Licensing Scheme under the Civic Government (Scotland) Act 1982, and to give Local Authorities the power to introduce Short-Term Let Control Areas under powers in the Planning (Scotland) Act 2019. A consultation opened earlier this month which sets out a possible definition of Short-Term Lets and detailed provisions to create the licensing scheme and establish control areas. Comments can be submitted using the consultation hub on the Scottish Government website until 16 October. The intention is to lay the secondary legislation before the Scottish Parliament in December. The aim is for the new powers to be in force by Spring 2021. 9. Proposed Changes to Pre-Application Consultation - Requirements in Planning a Consultation Paper (all 74 pages) was issued by the Scottish Government last month. These requirements were first introduced in 2009. Comments are sought by 6 November. This is not COVID-19 related. The Paper states that “this is the first part of a wider package of measures on improving engagement in planning matters and building public trust”. It includes the implementation of provisions in the Planning (Scotland) Act 2019. I will include a summary in next month’s Report. E. DEVELOPMENTS – EDINBURGH, MIDLOTHIAN and EAST LOTHIAN 10. (i) Approval of matters specified in condition 3 of application reference 18/00628/S42 regarding the phasing of future development at Land at Calderstones, Biggar Road Reference:- 20/00441/MSC (Midlothian Council) This is a Matters Specified in Conditions (MSC) application seeking approval of the phasing of future development at Calderstones.
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