Councillors reject holiday cabins for second time
Plans to create a holiday site on the fringe of the Pentland Hills have been thrown out for a second time this year
Lucy Crombie lodged an application to build 20 wooden holiday lodges on a site known as the Paddocks.
The area of open countryside borders Leyden Road, a narrow, winding rural road bounded by open farmland and woodlands which climbs from Kirknewton up to the main A70 road which skirts the Pentland Hills regional park.
The same application was rejected by the Development Management Committee in January last year and an appeal later dismissed by the Local Review Body.
One objector called for the council to refuse to decide on the latest filing of the proposals saying they had not changed since the council rejected the same plans last year.
And a lawyer suggested the proposal may have come back 'to wear down' resistance.
Planning officers said the applicant had now supplied supplementary reports which validated councillors hearing the plans again.
The latest application attracted 22 objections including one from the local community council and a neighbour Juliet Bentley who lives in the B- listed Ormiston Castle immediately adjacent to the site.
Ewan MacLeod of legal firm Shepherd and Wedderburn, acting as agents for Ms Bentley told councillors: 'Both we and our client are surprised that the application has been made to the council. It is identical in all material respects to [the previous] application.
'The application has clearly been submitted within the 5-year window and there has been no change in the development plan or in any other material consideration. The council must therefore consider whether to exercise its discretion to refuse to determine the application.'
In its written objection the firm said, ' [the] applicant's failure to address the well-founded planning issues raised by local residents and the council's reasons for refusal, we submit that it would be irrational for the council to determine the application.'
Mr MacLeod said that if the application was refused ' the applicant can appeal to Scottish ministers and an unelected Scottish Government official can then take a decision which may overturn the democratic will of this committee… If you decline to determine the application the applicant has no appeal.'
He said such a decision would also save the council the expenses of defending its decision at an appeal.
An agent for the applicant denied planner's criticism of the proposals being 'too urban' in appearance, saying that the cabins on the site occupied less than a third of the area.
Suggestions that the site would be too visible on the landscape were also questioned.
He added that his client was prepared to explore road widening and passing spaces outlined in concerns highlighted by the planners.
Planners outlined their objections stating: 'The proposals for the holiday chalets at this location would create a sense of urbanisation within a countryside setting. The Roads Officer would require works to be undertaken in order to improve road safety, including access works, road widening works at five points on the public road and application of a speed limit, to support the proposals.
'Mitigation measures can potentially address road safety concerns (although it is unclear if this will require agreement with third party landowners in respect of road widening works)'
Councillor Damian Doran-Timson asked planning officers what had changed in the plans since they were rejected by the LRB in August last year.
Planning officer Gillian Cyphus said there had been a lack of information when the proposals had gone to the review body; the slight change now was that drainage reports had been made available. That was why planners had recommended the proposals come before councillors for determination, with the recommendation for refusal.
Councillor Pauline Clark said: 'I think we should be encouraging tourists to come here. However, I do think access is a big problem. I think the lack of being able to walk to the train station is a problem. I don't know if paths are something that could be sorted. It's major stumbling block
She defended the planning appeal procedures of the Scottish Government as democratic.
Councillor Doran-Timson agreed with her objections: He said ' We need to do more for tourism and economic development has been a failure, but I think the amount of non-conformities we have with the application, not just the paths there's a number of different issues that have me going toward officers' recommendations.'
He added: 'Unlike Councillor Clark I share Mr MacLeods concerns about the Scottish Reporter overturns in recent years in West Lothian.'
Councillor Pauline Stafford said she had concerns about families with children walking the main road to Kirknewton. 'The nature of the site would encourage people to drive to and from it,' she added.
Councillor Willie Boyle said: 'My concern is that this looks like a caravan holiday park rather than holiday cabins you see in rural areas.I think the design is wrong.
Councillor Doran Timson's motion to refuse planning permission was backed by Willie Boyle.
By Stuart Sommerville, Local Democracy Reporter
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