FAIRMILEHEAD COMMUNITY COUNCIL Planning Report – October 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. 2. Proposed renewable energy development comprising solar panels/photovoltaics, battery storage, flexible gas generation and associated infrastructure on Land to the west of the existing Kaimes substation, Old Burdiehouse 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. NOTE - Part of the western section of the site lies within the FCC area. B. FAIRMILEHEAD CC – PENDING 3. 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 in August. 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 from the agent. 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 these 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”. B. FAIRMILEHEAD CC – WITHDRAWN 5. Proposed residential development at the former Comiston Farmhouse, 83 Pentland View Reference: - 19/02636/FUL Previous Reports have mentioned this proposal by Buckley Building UK Limited. While the application was withdrawn by Buckley earlier this year, it was anticipated a new application would be lodged. Buckley have now indicated “they can no longer go ahead with the plans”. The Council have advised that the property will be readvertised “for sale on the same basis as before, with the main building to be retained with possible conversion into four apartments with up to six mews-style family properties permitted in the grounds”. D. CONSULTATIONS, GUIDANCE AND OTHER NEWS 6. 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 24 November. (c) Processing of Planning Applications – From March to October site notices were published online. The display of site notices recommenced on Friday 9 October, but this will be kept under review. Any changes will be communicated on the Council website. (d) DPEA – Last month DPEA issued its 8th Guidance Note setting out how it intends to continue progressing work during the pandemic. The vast majority of DPEA work is carried out through written representations. Site inspections have been carried out virtually, using photographs, google earth and drone footage. The default position is (a) any site visit will be carried out on an unaccompanied basis; (b) pre-examination meetings will not take place in person; and (c) hearings and inquiries will be undertaken virtually. The overarching obligation of DPEA is to ensure best evidence and a fair hearing. This Guidance Note is available on the DPEA website. DPEA will be moving office on 16 November to Ground Floor, Hadrian House, Callendar Business Park, Callendar Road, Falkirk FK1 1XR. Phone numbers and e-mail addresses remain the same. 7. Short-Term Lets Last month’s Report mentioned the report submitted to the meeting of the Planning Committee on 2 September which 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. At that meeting, the DMC asked Planning Officials to prepare a further report setting out the likely cost of commencing enforcement action on these 380 properties. That further report came before the Planning Committee at its meeting on 30 September. It estimated the likely cost being in a range between £135,000 and £220,000 and that it was not proposed to investigate cases on the basis of this list. The DMC, on a division, agreed by 7 votes to 3 to note this further report and that any individual report of a short-term let submitted to the Council through the online form would be fully investigated. 8. Scottish Government Appeal Decisions (DPEA) Between 1 January and 31 March 2020, there were 21 appeal decisions issued by DPEA on applications refused by the Council. Of these 16 were dismissed and 5 were allowed – this included the appeals by (i) Edinburgh Boatel against refusal of planning permission for moorings for 5 static canal narrowboats on part of the Union Canal – 18/08091/FUL and PPA-230-2282- mentioned in the January 2020 Report; and (ii) S Harrison Developments Limited against refusal of planning permission for purpose built student accommodation and ancillary uses at 543 Gorgie Road - 19/01795/FUL and PPA-230-2298 – mentioned in the December 2018 Report. Between 1 April and 30 June 2020, there were 8 appeal decisions, of which 7 were dismissed and 1 allowed. 9. Scottish Government’s Programme for Reviewing and Extending Permitted Development Rights Development and changes in use of buildings or land need planning permission, which means you have to apply for permission from the local Council before you can carry out the work. Some development has planning permission “pre-granted” by a piece of legislation called the General Permitted Development Order. This sets out the relatively minor developments, which because of their minimal impact on neighbours or the environment, Ministers have decided can be carried out without having to apply for permission.