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Edinburgh Live
4 days ago
- General
- Edinburgh Live
New plans for Midlothian split-level slope houses near site of old mill lade
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 Developers have launched a fresh bid to build a trio of houses on a slope in Penicuik next to a former mill lade, removing half the trees on the site. The latest application for housing on the land at Cairnbank Road, in the town, addresses concerns from Midlothian council who said there was not enough garden space and a lack of privacy. And it confirms that 17 of the 33 trees on the land which are under a Tree Protection Order (TPO)would be removed but offers to replace them with new planting. The application says: "While the proposal relies on the removal of 17 trees the applicant accepts the letter and spirit of the TPO and is prepared to accept a condition requiring replanting of two trees for every one removed." It seeks permission to also remove the former mill lade and fill it in saying: "The former mill lade has already ceased to exist in all but torrential downpours of rain. It is proposed to remove it completely by infilling a small section of the channel within the application site with rock of a hard hue and soil. "The removal of the former lade opens the whole garden to beneficial use for residential amenity." The application is the second this year proposing the three split level homes which will be built down the slope with entrance and driveways from the road above. In April planners refused permission for the houses saying they were too big, out of character and did not provide enough amenity for residents whose gardens would be overlooked by their neighbours. And they said a request for an assessment of the impact on protected trees and hedgerow on the site had not been provided. Two yeas ago applications were also refused for plans to build four houses on the site with plans to retain the former mill lade and build footbridges over it as part of the gardens of the new homes. The initial proposals were rejected and at an appeal hearing at the council's Local Review Body, where one councillor said the sloping gardens with a bridge at the bottom felt 'unsafe'. The current application says the new homes will be designed over three floors. It says: "Living accommodation is incorporated mainly in the top two levels. Together they account for two of the three bedrooms, three of the four bathrooms, the kitchen and dining space, and the primary living space. The ground floor incorporates a single ensuite bedroom and a small lounge." The application is available to view on the Midlothian Council planning portal.
Scotsman
14-07-2025
- Scotsman
Owner of East Lothian ‘party flat' brands sex noise complaints ‘ridiculous'
The operator of a short term holiday flat where neighbours claimed guests had sex so 'vigorously' a clock fell off the wall of the flat downstairs, is appealing after planners refused to approve its use. Sign up to our daily newsletter Sign up Thank you for signing up! Did you know with a Digital Subscription to Edinburgh News, you can get unlimited access to the website including our premium content, as well as benefiting from fewer ads, loyalty rewards and much more. Learn More Sorry, there seem to be some issues. Please try again later. Submitting... Alan Montgomery insists the top floor flat in Musselburgh is not used any differently than if it was a residential home – despite also claiming he has welcomed 'thousands' of guests in its first 36 months of business. Mr Montgomery has appealed to East Lothian Council's Local Review Body after planners refused to grant him planning permission to operate the flat as a short term let. Advertisement Hide Ad Advertisement Hide Ad And he branded claims by neighbours that guests caused disturbance, waste and noise 'ridiculous'. The top floor flat of beach side building in Musselburgh was refused planning permission to carry on operating as a short term holiday let | Google Maps Mr Montgomery, who applied for planning permission under Montgomery Empire Ltd, argued that the fact the council's licensing sub committee had granted a temporary licence to operate the flat last year despite the same neighbours' complaints meant planning permission should be granted. And he said improvements requested by the licensing committee including the addition of carpets over wooden floors and a noise monitor should also be considered. Advertisement Hide Ad Advertisement Hide Ad Neighbours in the building had told licensing chiefs the property on Edinburgh Road, had been used as a 'party flat', with incidents including men urinating in gardens, a drunken hen party and police being called to an incident involving drunken golfers. One objector wrote: 'One couple decided to have sex so vigorously and loudly in the living room of the flat that they caused the (downstairs neighbour's) clock to fall off the wall and it was damaged.' However Mr Montgomery was granted an 18 month licence after agreeing to make changes to ensure there were no future disturbances. He denied claims it was a party flat and said he would ensure no guests were able to book single night stays. Advertisement Hide Ad Advertisement Hide Ad Mr Montgomery applied for a retrospective change of use of the flat to a short term let after he was refused a Certificate of Lawfulness by planners and lost an appeal to Scottish Ministers. Planners refused the application saying the holiday use was 'incompatible with and harmful to ' the amenity of other residents in the block. In his appeal Mr Montgomery challenges claims from neighbours about problems at the block as 'ridiculous'. And he said of one complaint about guests hanging washing on residents' lines in the back green: 'Since operating for 36 months involving thousands of guests staying at this property, one person hung a towel on her washing line not realising the back green drying area was off limits. Advertisement Hide Ad Advertisement Hide Ad 'This happened within the first month of operating so we have since notified guests in advance that this is forbidden. Condemning one rogue guest out of thousands does not justify her reasoning.' The appeal will go before the review body next month.
Edinburgh Reporter
10-07-2025
- Edinburgh Reporter
Owner of holiday flat at centre of sex complaint appeals
The operator of a short term holiday flat where neighbours claimed guests had sex so 'vigorously' a clock fell off the wall of the flat downstairs, is appealing after planners refused to approve its use. Alan Montgomery insists the top floor flat in Musselburgh is not used any differently than if it was a residential home – despite also claiming he has welcomed 'thousands' of guests in its first 36 months of business. Mr Montgomery has appealed to East Lothian Council's Local Review Body after planners refused to grant him planning permission to operate the flat as a short term let. And he branded claims by neighbours that guests caused disturbance, waste and noise 'ridiculous'. Mr Montgomery, who applied for planning permission under Montgomery Empire Ltd, argued that the fact the council's licensing sub committee had granted a temporary licence to operate the flat last year despite the same neighbours' complaints meant planning permission should be granted. And he said improvements requested by the licensing committee including the addition of carpets over wooden floors and a noise monitor should also be considered. Neighbours in the building had told licensing chiefs the property on Edinburgh Road, had been used as a 'party flat', with incidents including men urinating in gardens, a drunken hen party and police being called to an incident involving drunken golfers. One objector wrote: 'One couple decided to have sex so vigorously and loudly in the living room of the flat that they caused the (downstairs neighbour's) clock to fall off the wall and it was damaged.' However Mr Montgomery was granted an 18 month licence after agreeing to make changes to ensure there were no future disturbances. He denied claims it was a party flat and said he would ensure no guests were able to book single night stays. Mr Montgomery applied for a retrospective change of use of the flat to a short term let after he was refused a Certificate of Lawfulness by planners and lost an appeal to Scottish Ministers. Planners refused the application saying the holiday use was 'incompatible with and harmful to ' the amenity of other residents in the block. In his appeal Mr Montgomery challenges claims from neighbours about problems at the block as 'ridiculous'. And he said of one complaint about guests hanging washing on residents' lines in the back green: 'Since operating for 36 months involving thousands of guests staying at this property, one person hung a towel on her washing line not realising the back green drying area was of limits. 'This happened within the first month of operating so we since notify guests in advance that this is forbidden. Condemning one rogue guest out of thousands does not justify her reasoning.' The appeal will go before the review body next month. By Marie Sharp Local Democracy Reporter Like this: Like Related
Edinburgh Live
10-07-2025
- Edinburgh Live
Operator of East Lothian holiday let brands sex noise complaints 'ridiculous'
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 The operator of a short term holiday flat where neighbours claimed guests had sex so 'vigorously' a clock fell off the wall of the flat downstairs, is appealing after planners refused to approve its use. Alan Montgomery insists the top floor flat in Musselburgh is not used any differently than if it was a residential home - despite also claiming he has welcomed "thousands" of guests in its first 36 months of business. Mr Montgomery has appealed to East Lothian Council's Local Review Body after planners refused to grant him planning permission to operate the flat as a short term let. And he branded claims by neighbours that guests caused disturbance, waste and noise 'ridiculous'. Mr Montgomery, who applied for planning permission under Montgomery Empire Ltd, argued that the fact the council's licensing sub committee had granted a temporary licence to operate the flat last year despite the same neighbours' complaints meant planning permission should be granted. And he said improvements requested by the licensing committee including the addition of carpets over wooden floors and a noise monitor should also be considered. Neighbours in the building had told licensing chiefs the property on Edinburgh Road, had been used as a 'party flat', with incidents including men urinating in gardens, a drunken hen party and police being called to an incident involving drunken golfers. One objector wrote: 'One couple decided to have sex so vigorously and loudly in the living room of the flat that they caused the (downstairs neighbour's) clock to fall off the wall and it was damaged.' However Mr Montgomery was granted an 18 month licence after agreeing to make changes to ensure there were no future disturbances. He denied claims it was a party flat and said he would ensure no guests were able to book single night stays. Mr Montgomery applied for a retrospective change of use of the flat to a short term let after he was refused a Certificate of Lawfulness by planners and lost an appeal to Scottish Ministers. Planners refused the application saying the holiday use was "incompatible with and harmful to " the amenity of other residents in the block. In his appeal Mr Montgomery challenges claims from neighbours about problems at the block as "ridiculous". And he said of one complaint about guests hanging washing on residents' lines in the back green: "Since operating for 36 months involving thousands of guests staying at this property, one person hung a towel on her washing line not realising the back green drying area was of limits. "This happened within the first month of operating so we since notify guests in advance that this is forbidden. Condemning one rogue guest out of thousands does not justify her reasoning." The appeal will go before the review body next month.
Daily Record
24-06-2025
- Business
- Daily Record
Pavement parking ban helps Prestwick store overturn council decision
The Keystore in Adamton Road North, Prestwick, argued that there is no need for bollards to stop pavement parking now that new law is in place. The new ban on pavement parking in South Ayrshire has resulted in an unanticipated change of heart from councillors. Last year, South Ayrshire Council's Local Review Body approved a plan for a Prestwick store to introduce a hot food takeaway to its premises. The application for the Keystore in Adamton Road had originally been refused by planners, with the issue of traffic and increased usage of the shop among the reasons given. That was overturned on the condition, recommended by Ayrshire Roads Alliance, that the shop owners agreed mitigation measures to prevent pavement parking, including the installation of bollards. However, that promise was never met and the owners took the decision to appeal the outcome of the appeal. Part of their argument for removing the condition around parking was the introduction of the pavement parking ban and the irony that mitigations, such as bollards, would narrow the pavement, causing access issues to the public, particularly wheelchair users and the visually impaired – one of the reasons for bringing in the ban in the first place. Planning officer James Hall told the Local Review Body that the owners had pointed out that the hot food element only made up five per cent of the goods sold, there was little community objection or evidence of problems, and that it would impact accessibility to a neighbouring hairdresser. They also said that they felt the cost of implementing mitigation measures, such as bollards, would be too high for them and that the requirement could become a precedent for other small retailers. Some councillors took the issue of the pavement parking ban one step further, questioning why, having introduced a ban, the council would be putting the onus on a business to deter the practice. Conservative councillor Martin Kilbride said: 'I do understand a year ago why there was talk of bollards, because it was to make sure that the cars weren't parking on the footpath, to allow access for pedestrians to safely get from A to B. 'We've now got a pavement parking ban in place.' He said there was evidence that the ban was being adhered to, putting a further question to the need for the condition. 'So, the pavement parking ban has worked. The reason for the bollards was to keep the footpath open for people in wheelchairs and with disabilities.' He was backed by Conservative colleague Lee Lyons, who said: 'What we are effectively doing is taking an already narrow path and making it narrower to prevent someone potentially parking on the pavement, when we have just brought in a new pavement parking ban. 'So we are effectively got a policy that you can't park on the pavement, but we are asking someone to put in bollards to basically enforce a law. 'I don't see why we're doing both. Either the law in itself is sufficient and should be policed or it's not and we have to build a fence by the side of the road.' He called on the committee to approve the request to scrap the condition as a result. Other councillors took issue with the fact that Ayrshire Roads Alliance had maintained their stance despite the change in the law, did not attend Tuesday's hearing to answer councillors' questions and had simply not answered when asked for comment ahead of the meeting. Councillor Mark Dixon wanted to defer a decision in order to get answers from ARA, after the summer recess and was backed by Labour member Ian Cavana. The motion to approve the request to remove the condition was agreed by three votes to two.
