Latest news with #DPEA
Edinburgh Reporter
3 days ago
- Business
- Edinburgh Reporter
Short term let owner says investment saved ‘neglected' building
A short term let operator claims his investment in a 'neglected' town centre flat saved it from damaging the surrounding conservation area. Jitendra Naran, who lives in Sandford, Oxfordshire, has appealed to Scottish Ministers to intervene after East Lothian Council ordered him to stop using the flat on Dunbar High Street as a holiday let. But while East Lothian planners said the short term rental was not compatible with residential living in the property, Mr Naran has appealed saying the flat contributes to the local economy and improved the look of the building. In an appeal statement, he said: 'Significant investment has gone into refurbishing this long neglected property to bring it up to modern standards. 'Had the flat remained in its previous condition, it risked becoming detrimental to the conservation area. Instead, it is now an attractive, well-managed residence that contributes positively to Dunbar's town centre. 'There are a couple of other flats inhabited and one currently unsold recently coming to the market.' Mr Naran has appealed to Scottish Ministers to reject an enforcement notice served by the council after planners rejected a retrospective application for a change of use of the flat from residential to short term let. Planners said the use of the top floor flat in the Category B listed building as a short term holiday let was ' incompatible with and harmful to the amenity of the occupiers of the properties within the residential building'. However Mr Naran said he had appealed against the decision through the council;s Local Review system but received no reply. He has asked Scottish Ministers to reject the enforcement notice issued by the council and seek 'clarification' over reasons for the refusal and demand to stop operating. In his appeal to the council he said that the flat had been used during the pandemic to support key workers and he had worked with local businesses and community to build a relationship providing the accommodation for professionals who needed accommodation in the town. He urged Ministers to intervene saying he was willing to work with the council to find a solution adding: 'I remain fully open to working with the council to regularise the works through retrospective consent or minor amendments, if necessary. 'My request is for a balanced and reasonable approach that reflects the improvements made and the broader public benefit. This matter should be resolved constructively, not punitively.' The appeal has lodged by the Scottish Government Reporter on the DPEA appeal website. By Marie Sharp Local Democracy Reporter Like this: Like Related
Edinburgh Live
4 days ago
- Business
- Edinburgh Live
East Lothian holiday flat operator says he saved 'neglected' property
Our community members are treated to special offers, promotions and adverts from us and our partners. You can check out at any time. More info A short term let operator claims his investment in a 'neglected' town centre flat saved it from damaging the surrounding conservation area. Jitendra Naran, who lives in Sandford, Oxfordshire, has appealed to Scottish Ministers to intervene after East Lothian Council ordered him to stop using the flat on Dunbar High Street as a holiday let. But while East Lothian planners said the short term rental was not compatible with residential living in the property, Mr Naran has appealed saying the flat contributes to the local economy and improved the look of the building. In an appeal statement, he said: "Significant investment has gone into refurbishing this long neglected property to bring it up to modern standards. "Had the flat remained in its previous condition, it risked becoming detrimental to the conservation area. Instead, it is now an attractive, well-managed residence that contributes positively to Dunbar's town centre. "There are a couple of other flats inhabited and one currently unsold recently coming to the market." Mr Naran has appealed to Scottish Ministers to reject an enforcement notice served by the council after planners rejected a retrospective application for a change of use of the flat from residential to short term let. Planners said the use of the top floor flat in the Category B listed building as a short term holiday let was " incompatible with and harmful to the amenity of the occupiers of the properties within the residential building". However Mr Naran said he had appealed against the decision through the council;s Local Review system but received no reply. He has asked Scottish Ministers to reject the enforcement notice issued by the council and seek 'clarification' over reasons for the refusal and demand to stop operating. In his appeal to the council he said that the flat had been used during the pandemic to support key workers and he had worked with local businesses and community to build a relationship providing the accommodation for professionals who needed accommodation in the town. He urged Ministers to intervene saying he was willing to work with the council to find a solution adding: "I remain fully open to working with the council to regularise the works through retrospective consent or minor amendments, if necessary. "My request is for a balanced and reasonable approach that reflects the improvements made and the broader public benefit. This matter should be resolved constructively, not punitively." The appeal has lodged by the Scottish Government Reporter on the DPEA appeal website.
The National
7 days ago
- Business
- The National
Scottish ministers overrule advice and approve Cairngorms hotel plans
A letter published by the Scottish Government's Planning and Environmental Appeals Division (DPEA) reveals that ministers have opted to green-light proposals for 22 self-catering apartments, shops, a hotel, and underground parking at 111 Grampian Road in Aviemore. It comes more than two years after SNP ministers took the decision to 'call in' the planning application and rule on it themselves – which happened on May 3, 2023. Later that month, the Cairngorms National Park Authority said it had been minded to approve the proposals. However, a Government planning reporter then recommended that the proposal be refused, submitting their initial report on the development on November 23, 2023, with a supplementary report following on January 17, 2025. The primary issues of concern were flood risk, transport impacts on B9152 Grampian Road, and design. However, SNP ministers have gone against the recommendations and approved the development, recognising that it will be on 'brownfield land set within a built up area'. Work on development will be allowed to go ahead after a series of conditions have been met. These include: Developers must contribute fairly (cash or in-kind) to active travel measures to offset traffic impact on B9152 Grampian Road. Updated reptile and otter surveys must be completed before starting work. An updated Flood Risk Assessment (FRA) must be conducted based on latest Scottish Environment Protection Agency climate data. Owners must install and maintain bat and bird boxes across the site. Four ensuite rooms must be kept permanently as hotel staff accommodation. The DPEA letter outlining the SNP ministers' decision states: 'On balance, and subject to conditions and planning obligation, the Scottish Ministers are satisfied there is sufficient development plan support to outweigh the conflict with flood policies, and they consider that the proposed development overall is in accordance with the development plan, and there are no material considerations which would outweigh that. 'In reaching this conclusion, the Scottish Ministers have given due consideration to the aims of the National Park as required by Section 9.6 of the National Parks (Scotland) Act 2000.'
Daily Record
09-07-2025
- General
- Daily Record
Appeal against North Lanarkshire Council's planning refusal dismissed by Scottish Governmment
In January the council refused an application for a change of use to a dwelling for a building near Mill Cottage in Allanton and this was appealed to the government's Planning Enforcement and Appeals Division. An appeal against a North Lanarkshire Council planning refusal concerning a building in Allanton has been dismissed by the Scottish Government. In January the council refused an application for a change of use to a dwelling for a building near Mill Cottage on Old Mill Road and this was appealed to the government's Planning Enforcement and Appeals Division. The building was originally functioning as a 'day room' for members of the traveling community, but it was claimed it had been in continuous use as a residence since May 2020 - meaning that enough time had passed that it would be exempt from planning enforcement. However a notice issued by DPEA reporter Sarah Foster states that she dismissed the appeal on the grounds that the submitted evidence relating to the use of the building was insufficient to show that how long the building had been used as a home. This evidence included receipts for a kitchen, septic tank emptying, and television service but these were deemed equally applicable if the building was used as a day room or office and therefore inconclusive. Therefore the reporter also found North Lanarkshire Council's reasons for refusal to be well-founded, and agreed that the certificate of lawful development should not be granted. *Don't miss the latest headlines from around Lanarkshire. Sign up to our newsletters here.
Daily Record
06-07-2025
- Business
- Daily Record
Scots Gov official who approved Flamingo Land will lead the review into decision
Angry activists have blasted the process "a sham". A review of the Scottish Government's widely criticised move to approve Flamingo Land's Loch Lomond resort will be led by the same official who gave it the green light. The Sunday Mail has learned Scottish Government Reporter David Buylla – who gave the controversial £43.5million project in Balloch planning permission – will now advise SNP ministers who have been forced to call in the decision for reappraisal. Furious activists say it showed the process was a 'sham'. The government was forced to U-turn on the initial backing for the lochside resort by Buylla – a top civil servant – amid local opposition and the threat of a parliamentary defeat. Community councillor Lynne Somerville said: 'It beggars belief they're allowing the same man that caused this outrage in the first place to write this new report. There's a complete conflict of interest and I think that really needs to be recognised by the Scottish Government.' Board members of Loch Lomond and the Trossachs National Park are also opposed to the development. Dubbed ' Lomond Banks', the resort by Yorkshire theme park operator Flamingo Land would see a waterpark, a monorail, hotels, restaurants, a brewery and 104 woodland chalets built. After 50,000 people signed a petition urging ministers to reconsider the decision, Public Finance Minister Ivan McKee 'called in' the appeal last month, meaning ministers will consider it directly. But we can reveal the same Reporter, Buylla, is tasked with writing a new report including recommendations to inform McKee's decision. Somerville said: 'Why does Ivan McKee or anyone else think it's appropriate the same man is being asked to produce the report that will influence, guide and steer the outcome? "It's like they are trying to hide behind him and he is being used as the proverbial scapegoat. It does not paint the Scottish Government in a good light.' Scottish Government Reporters are civil servants within the Planning and Environmental Appeals Division (DPEA) who decide on planning appeals. Buylla is one of five principal reporters at the DPEA, which also has a chief reporter and three assistant chief reporters. Alannah Maurer, campaigner with the Save Loch Lomond campaign, said: 'You'd assume someone else would have been assigned. You have to consider professional integrity because how does he say anything other than what he previously said? 'It's absolutely clear there is no democracy, particularly where planning is concerned. The developer can appeal but the public has no right of appeal. 'Our best hope is that ministers will see sense, pay attention to the public – but it's clear public opinion counts for nothing.' Buylla's continued involvement in the appeal was first revealed by environmental campaigner and blogger Nick Kempe, who branded Scotland's planning system a 'farce'. Join the Daily Record WhatsApp community! Get the latest news sent straight to your messages by joining our WhatsApp community today. You'll receive daily updates on breaking news as well as the top headlines across Scotland. No one will be able to see who is signed up and no one can send messages except the Daily Record team. All you have to do is click here if you're on mobile, select 'Join Community' and you're in! If you're on a desktop, simply scan the QR code above with your phone and click 'Join Community'. We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don't like our community, you can check out any time you like. To leave our community click on the name at the top of your screen and choose 'exit group'. If you're curious, you can read our Privacy Notice. He wrote last week: "It appears the DPEA is still very much in charge. 'Without any instructions/steer from Mr McKee about what he wishes Mr Buylla to reconsider, it is difficult to see why he would change anything substantial in his report.' Tory West Scotland MSP Pam Gosal said: 'Given the controversy surrounding the SNP's handling of this issue, serious questions must be answered about the appropriateness of this latest appointment. 'Instead of continually forcing solutions and railroading their plans through parliament, SNP ministers should instead heed the widespread concerns of locals who firmly oppose the Flamingo Land proposals at Loch Lomond.' Scottish Green MSP Ross Greer commented: 'Ministers cannot hide behind officials when the gateway to Loch Lomond is at stake. They need to take control of this process themselves. 'For a start, they must do what did not happen at the appeal stage; speak to the community, to myself and others like the Woodland Trust who submitted substantial evidence against Flamingo Land's destructive plans. 'They absolutely must speak to the National Park's own planning experts, whose report advising their board to reject the application was clearly badly misunderstood by Government officials.'The Planning Minister should call a public hearing and come to his own decision based on the evidence. Rehashing the same flawed report from officials and waiting until after next year's election to sign it off would be totally unacceptable." Last month, developers Lomond Banks criticised the decision to recall the decision to approve and hit out at "hysteria" over the proposals which they say will bring much-needed jobs and investment to the area. A Scottish Government spokeswoman said: 'Ministers decided to recall the Lomond Banks appeal as the proposed development raises issues of national significance in view of its potential impact on Loch Lomond and the Trossachs National Park. 'As this is a live planning appeal it would not be appropriate to comment further.'
