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 ()

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 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 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 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. The proposed Phasing Schedule is as follows:- Phase 1 – construction of replacement house; Phase 2 – construction of new access onto the A702; Phase 3 – construction of hotel; and Phase 4 – development of 3 plots to accommodate 3 self-catering units. This phasing differs from that set out in an EIAR Addendum lodged in support of the 2 S42 applications referred to above. In that document, Phase 1 was the construction of the new access road from the A702; and Phase 5 was the construction of the replacement house. The consultation response from Scottish Water regarding the existing water infrastructure is on the Planning Portal along with a helpful map showing the existing water pipes in the Hillend area.

(ii) 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) at Land at Calderstones Reference:- 20/00466/MSC (Midlothian Council)

This is another MSC application seeking approval of the siting, design and external appearance of the new split-level house. The house plot is 1.16 hectares and is sited in the south east corner of the development site. Access to the house will be by a temporary route off the existing internal access road until the other phases of the overall development are complete. The agent in a supporting Note said “The replacement house will have no perceivable increase in transport movements at the access onto the A702, and on the local road network”. As part of Phase 1, the existing house will also be demolished. The papers indicate the materials from the demolition will be “carefully” stored on site. It is further stated that Transport Scotland would not wish these materials removed from the site, to reduce vehicular movements at the existing access. The materials will be crushed and used as hardcore material for other Phases of the development as much as possible. Materials not used on site will be recycled. Consultation responses received since my last Report are on the Planning Portal, including one from Transport Scotland.

11. Application for planning permission in principle for redevelopment of existing Snowsports Centre (“Destination Hillend”) to include additional leisure facilities, tourist accommodation, hotel, function suite, ancillary retail and restaurant, formation of access road and car parking (this application is accompanied by an environmental impact assessment report (EIAR) submitted under the terms of the Town and Country Planning (Environmental Impact Assessment)(Scotland) Regulations 2017 at Midlothian Snowsports Centre References: - 18/00970/PAC and 19/01018/PPP (Midlothian Council)

On 10 December 2019 the application for planning permission in principle was lodged. This follows on from the PAN lodged almost a year before. All the accompanying documents are up on the Planning Portal. In May 2019 Midlothian Council approved £13.8m of capital funding into the development of the Snowsports Centre into an all year round multi activity leisure facility.

Last month an interesting Technical Note prepared by Sweco, a leading architecture and engineering consultancy, was put up on the Planning Portal. Sweco were commissioned by Midlothian Council to prepare the Note “to outline proposals to deliver a signalised junction on the A702 to provide access to Destination Hillend. This junction would be formed using the existing bellmouth and bus turning area at the existing site access”. The proposed layout is shown on Drawing – May 2020 also lodged on the Planning Portal.

“The proposed junction includes a right turn lane on the northern arm of the A702, and pedestrian crossings on the site access and northern arm of the A702. This Note outlines 3 different signal staging and timing options for the junction and the results associated with each option. Within the modelling the following “committed developments” were included: the development of a new hotel at Calderstones; a further hotel development located east of the A702 Biggar Road; and a 500-space Park and ride facility, also east of the A702 Biggar Road”.

There is no mention of the proposed Hillend Leisure development in this Note. Earlier this month the Agent wrote to the Planning Service to request that “the glamping/wigwam proposals are removed from the planning application and do not form part of the assessment for the Planning Permission in Principle application.”

A revised plan “Revised Location Plan illustrating Proposed Development September 2020” which removes the glamping/wigwam proposals has been lodged on the Planning Portal.

12. Erection of 14 flatted dwellings and 2 dwelling houses; formation of car parking and associated works at Land At former Filling Station, Biggar Road, Hillend Reference:- 20/00477/DPP (Midlothian Council)

This is a new application by CM Roofing and Building Limited for a residential development. The applicants see this residential development as a possible alternative to a previously approved Hotel development (which will not now proceed), while accepting this development is contrary to various policies in the Midlothian LDP, e.g. the site lies within the Green Belt. 23 car parking spaces are to be provided on site. Access off the A702 will be at the same point as was proposed for the hotel development. The site is some 70 metres from the notorious 3-way junction of the A702, A703 and Pentland Road. The Council’s Road Safety Dept have raised a number of concerns, including insufficient car parking; a drawing with dimensions is required to show that adequate manoeuvring space is provided within the site. Damhead and District Community Council have lodged an objection.

13. Proposed renewable energy development comprising solar panels/photovoltaics, battery storage, flexible gas generation and associated infrastructure on Land to the west of the existing substation, Old Road Reference :- 20/02823/PAN

This PAN for a solar farm has been lodged by Kaimes Renewable Energy Park on a site comprising 3 parcels of ground extending in total to approximately 38 hectares. The site lies to the North of the A720 City Bypass, and to the NE across an area of open space is the Broomhills development. The online consultation has been delayed“as the supporting materials continue to be progressed.” Revised dates will be advised in due course. The developers have no connection to the existing Kaimes electrical substation or its owners, Scottish Power. Part of the western section of the site lies within the FCC area. A Report was before the DMC at its meeting on 2 September to inform them of the forthcoming application.

14. Demolition of existing buildings and erection of mixed-use development by Izar V Lux S.a.r.l comprising residential, hotel, office, student accommodation, senior living retirement housing and other commercial uses including food and drink and healthcare uses, with associated landscaping / public realm, car parking and access arrangements at 34 Fettes Row; and 7,9,11,13 Eyre Terrace Reference- 19/03803/PAN; 20/03034/FUL; 20/03655/FUL; 20/03661/CON; and 20/03825/PAN

June’s Report mentioned this ambitious “New Town North” development which proposes to transform the former 5.9 acre RBS offices and data centre site in the New Town. It is one of Scotland’s largest brownfield regeneration projects. The site was purchased in 2019 by a fund managed by Orion Capital Managers. An online interactive consultation was launched on 9 April. The developers have now lodged the formal application for planning permission – there are over 400 documents on the Planning Portal. An application for conservation area consent for complete demolition of the existing buildings on the site has also been submitted. There is also a separate application for the formation of a path and associated landscaping on an area of ground within the King George V Park (owned by the Council) which links to the site.

15. (i) Erection of Edinburgh's Christmas at East Princes Street Gardens including Christmas Market Stalls, Fairground rides, Box Offices, Associated Site Offices, Stores and Ancillary Facilities (Proposed Application for two years - 2020 - 2021 and 2021 - 2022) at East Princes Street Gardens And Land At The Mound, Princes Street Reference: - 20/03707/FUL

(ii) Erection of Edinburgh's Christmas at George Street and Castle Street, including Christmas Market Stalls, Ice Rink, Plant and Boot Room, Around the Corner Bar, Box Office, Associated Site Offices, Stores and Ancillary Facilities (Proposed Application for two years - 2020 - 2021 and 2021 - 2022) at Christmas Market, George Street Reference: - 20/03708/FUL

(iii) Full planning permission for Edinburgh's Christmas including Christmas market stalls, Tree, associated site offices, stores and ancillary facilities (proposed application for two years for 2020/2021 and 2021/2022) at Christmas Market, High Street Reference:- 20/03728/FUL

3 applications for planning permission have been lodged by Underbelly Limited in relation to Edinburgh’s Christmas Markets.

16. Build a pop-up event on the roof, the event will be formed of two areas. Area A (where we were situated last year) will have a bespoke glasshouse structure built on it to be used as a bar. Area B (next to the mall entrance) will see two canvas tipis creating a bar space alongside an open canvas tipi with food trucks. Both areas will be decorated with festoon lighting and will be sympathetic to its world heritage site surroundings at 1 Waverley Bridge Reference:- 20/03336/FUL

This application by Thor’s Bars Limited is for the roof space at Waverley Mall and is part of the Edinburgh Christmas events. The company ran a similar event last Christmas, but only on Area A. The owners of Waverley Mall have asked them to use the entire roof space this year. The intention is to trade from 7 October to 3 January. 60 staff will be employed and the papers state this will result in a payroll of £70,000. 11 objections have been submitted with one in support.

17. Extension to shopping centre to include new retail, class 11 leisure and restaurant/café units with associated servicing, relocated bus/taxi facilities and reconfigured car parking and landscaping at Gyle Centre, Gyle Avenue Reference :- 19/02604/FUL

The Report for September 2019 mentioned this application for a major extension to the Gyle Centre which opened in 1993. New retail and leisure space would be provided with reconfigured food and beverage space. A new transport hub will be built within the car park and away from the frontage of the Centre. Planning Officials have recommended approval and the application will be before the DMC at its meeting on 23 September. The Report says – “the design of the extension is acceptable and will improve the appearance and visitor experience at the Gyle Centre. A good quality landscape environment, including a “civic space” and “pocket parks”, is proposed to complement the proposed extension. The application complies with the LDP and the Edinburgh Design Guidance”. A S75 Agreement will be required to secure a Tram Contribution of £682,902.

18. The development of a Sports village for the University of Edinburgh at Peffermill playing fields to accommodate redeveloped playing surfaces and the erection of a new Sports Centre and student residence incorporating ancillary facilities at 42 Peffermill Road Reference: - 19/01249/PAN and 19/05923/FUL

February’s Report mentioned this application which proposes to create world-class sports facilities at Peffermill which has been the University’s main outdoor sporting site for decades. Planning Officials have recommended approval and the application will be before the DMC at its meeting on 23 September.

The Report states that – “Although the student accommodation does not comply fully with the terms of policy Env 10, the proposal supports certain overarching aims for the green belt set out in Part 1 of the LDP and does not conflict with the other applicable aims. In addition, the proposal does not undermine other applicable green belt aims relating to preserving access to open space and complies with policies Env 18 and Env 19. Therefore, a departure from the policy can be justified in this instance. On balance, the proposal also complies with the requirements of policy Hou 8 and the associated non-statutory guidance. The design concept for the site ensures that the development can sit comfortably within the landscape and local environment. The site lies behind a Flood Protection System and just outwith an area of importance for flood management. As a result, it is proposed to raise the finished floor levels to 47.7m AOD which will provide at least 600mm freeboard above the 200 year level with a 40% allowance for climate change. These measures are sufficient for the development to conform to LDP policy Env 21, SPP and Council guidance in terms of flood risk”. However this application requires to be referred to Scottish Ministers prior to determination due to the outstanding objection from SEPA. 20 objections were lodged, including one from Grange/Prestonfield Community Council. There was also one letter offering comments in support and against the proposal from /Inch Community Council.

19. Redevelopment and change of use of the existing premises to form a hotel with rooftop bar/restaurant, active uses at lower floors including restaurant, bar, retail, flexible meeting and event/venue space, health suite/gym, with ancillary uses, associated works, alterations and demolitions (Use Classes 1, 2, 3, 4, 7, 11 & Sui Generis) at 109, 110 And 111 Princes Street, 112 Princes Street And 144-150 Rose Street (Debenhams) Reference:- 20/02952/PAN

Another Hotel proposed for Princes Street. Legal & General Investment Management have submitted this proposal for the Debenhams Store and propose to invest £50m in this development. The agent said the building would be transformed into a “vibrant destination” including shopping, dining, hospitality, leisure and event space. There will be a new shopping close linking through to Rose Street. An on-line consultation website has been set up – www.111PrincesStreet.co.uk – and this will remain online until Thursday 8 October. There is an opportunity to engage with the development team by submitting a form on the feedback section of the website.

20. Mixed use development by Crosswinds Development Limited, including business and employment uses (use classes 4, 5 and 6); residential (class 9) and sui generis flatted development (including affordable and student accommodation); hotels (class 7); ancillary uses including retail (class 1), financial and professional services (class 2), food and drink (class 3 and sui generis), non- residential institutions (class 10), assembly and leisure (class 11); and associated works including car parking, servicing, access and public realm at Land To South West Of Meadowfield Farm, Road References:- 19/05303/PAN and 20/03219/PPP

This is the application relating to the former runway 12/30 at Edinburgh Airport which is no longer used for operational purposes. This follows on from a pre-application consultation last year. The site extends to 30.4 hectares. A Masterplan has been drawn up. It was formerly known as the “Crosswinds” site, but is now called “Elements Edinburgh”. Part of the site will create a dedicated “Digital Quarter“ which will be home to ambitious start-ups, growing SMEs and global technology firms. If permission is granted it will be developed over 25 years in 3 broad phases. The development is intended to sit alongside, and not compete with the nearby proposed International Business Gateway.

21. Erection of 60 bed care home; 152 private accommodation and care units for residents aged 55 and over in need of care (Class 8); community hub; outdoor recreational uses, landscaping and associated uses on land at Castleton Farm, Tantallon Road, North Berwick lodged on behalf of Goldcrest Communities Limited in conjunction with Richmond Care Village Holdings Limited (part of BUPA) – as amended References: - 18/0008/PAN; 19/00002/PAN and 19/01292/PM (East Lothian)

Last month’s Report mentioned this application for a retirement living village on a site currently agricultural land to the East of North Berwick adjacent to the A198. The site is not zoned for such uses in the recently adopted LDP for East Lothian. 506 objections were lodged on the Planning Portal. Planning Officers recommended this application be refused as the “development would be incongruous and intrusive in its setting and would be detrimental to the objectives of the North Berwick Countryside Around Town area”. At a virtual meeting on 18 August the Planning Committee unanimously agreed with this recommendation. The formal decision letter was issued on 4 September, and among the grounds of objection were – it was a development which has “no operational requirement for a countryside location. Rather this would be a significant, sporadic development that would harm the objectives of the North Berwick Countryside Around Town area”. Further the development “cannot successfully integrate into its landscaping setting”.

22. Construction of vertical launch space port with launch operations control centre, site integration facility, launch pad complex, antenna park, access road, fencing, services and associated infrastructure at Land 2600 metres SW of Dunbuie Talmine Tongue Reference:- 20/00616/FUL (Highland Council)

July’s Report mentioned this application for a space port. This application has been highlighted in the Press and as expected has generated a large number of comments, both in favour and against (457). On 28 May Scottish Ministers issued a Direction under the Planning Acts that if Highland Council were minded to grant permission, this should be notified to Scottish Ministers. This application came before a meeting of the North Planning Applications Committee on 26 June with a recommendation from Planning Officers that it be approved subject to numerous conditions. The Committee agreed and this decision was be intimated to Scottish Ministers on 6 July. Scottish Ministers decided on 3 August not to call in the application and therefore returned it to Highland Council to determine as they saw fit. The letter from Scottish Ministers concluded - “ It is considered that Highland Council have taken all relevant matters into account in their deliberations including the challenges in terms of access, landscape and visual impact and environmental impacts where there are residual significant effects, as well as the economic development and socio economic benefits of the proposal, and are satisfied that subject to the mitigation required by conditions, the proposal accords with the development plan and is acceptable in terms of all other material considerations. It is not considered that the proposal requires to be determined at a national level”. Following from this, Highland Council issued formal consent on 5 August subject to 34 detailed conditions. No S75 Agreement is required.

23. Erection of mixed-use development comprising residential flats, purpose-built student accommodation, associated car parking, cycle parking, landscaping and infrastructure; change of use of existing car showroom to class 1 and class 3 uses at 553 - 555 Road (as amended) References :- 19/03262/PAN and 20/00619/FUL

March’s report mentioned this mixed-use development being promoted by Kiltane Developments Limited. It would result in 217 student beds, 28 residential apartments (8 of which would be affordable) and 3 commercial units on a warehousing site off Gorgie Road. The site incorporates the existing ground floor of ELS House. The application came before the DMC at its meeting on 12 August with a recommendation from Planning Officials that it be granted subject to conditions. It was continued to the DMC meeting on 26 August to seek clarification on an objection lodged by SEPA in relation to flooding. At that meeting the application was granted, subject to conditions and to referral to Scottish Ministers in relation to the SEPA objection. Scottish Ministers have 28 days within which to decide whether they wish the Council to refer the application to them for a decision.

24. Former Royal High School Building at 5-7 Regent Road, Edinburgh Refs: - 15/03989/FUL and 15/03990/LBC Scottish Government Appeals Division Refs: - PPA-230-2178; LBA-230-2076 Refs: - 16/04537/PAN; 17/00587/LBC and 17/00588/FUL (amended applications) Scottish Government Appeals Division Refs: - PPA-230-2213; LBA-230-2118

**Case Update – 02/06/2020** A report for this case has been submitted to Scottish Ministers. A decision by Scottish Ministers will be made in due course.

Colin W Anderson Planning Representative