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Daily Record
a day ago
- General
- Daily Record
Hundreds of trees continue to be felled despite Paisley campaigners formal complaint
The trees – some with historic tree preservation orders – are being felled in a bid to make way for 603 homes. A tree older than the Sycamore Gap Tree will be felled on the Dykebar estate but the culprits will be paid instead of jailed, campaigners have warned. Save Paisley's Green Space highlighted the discrepancy days after tree surgeons commenced works which will see three woodlands on the 95-acre site completely felled or partially removed. Hundreds of trees – some with historic tree preservation orders (TPO) – are being felled in a bid to make way for 603 homes which will be built in what was the extended grounds of Dykebar Hospital in Paisley. The development, by Cala Homes, Bellway Homes and Baratt Homes, will see a range of homes, from one-bedroom flats to five-bed detached houses, built around a central meadow in what has been dubbed Abercrombie Park. Save Paisley's Green Space – which is vehemently opposed to the development and has lodged a formal complaint with Renfrewshire Council and the Scottish Reporter over the handling of the case – says felling should be halted while its complaint is properly investigated. A spokesperson for the group told the Paisley Daily Express: 'We are repeatedly told that planning permission is king, but there is so much environmental legislation that we believe has not been adhered to throughout the planning application and planning control process. 'We, therefore, believe we are justified in our call to have the tree felling halted until the complaint is properly investigated. 'If something does appear in the investigation, that we have been correct in our concerns and complaint, the damage will already have been done if the felling continues to be permitted.' The building consortium was formally granted planning permission for the development in March 2023 following an appeal to the Scottish Government Reporter. Recognising concerns around trees and biodiversity, the planning chief said these could all be addressed with 20 conditions attached to the planning permission. The initial planning application includes a sycamore tree of similar age to the iconic Sycamore Gap Tree in Northumberland, while a second application to take even more trees down will see many hundreds of broad leaf trees in good condition felled. The application, lodged with Renfrewshire Council in January, sought permission to remove broad leaved species, including mature specimens of common lime, oak, horse chestnut, sycamore and beech from three locations which all border the site. Some trees had TPOs dating back to 1993 and 1998. Renfrewshire planners refused the application, however, the decision was later overturned by the Scottish Government Reporter. The spokesperson for Save Paisley's Green Space added: 'The men who felled the Sycamore Gap Tree have been sentenced to four years in prison. 'However, the men that will fell the Dykebar veteran sycamore tree, which is 300 plus years old, will be handsomely rewarded. How can that be allowed to happen? 'We are continuing to pursue this with Police Scotland as we believe TPOs are a legal entity and to fell trees under a preservation order is a criminal act. We have been given an incident number and will be following it up with officers this week.' A spokesperson for Renfrewshire Council said it is not able to instruct developers to halt or pause work where a formal complaint has been submitted. The spokesperson said: 'The works at the Dykebar Hospital site are being undertaken in line with the relevant tree works consents. "One of the consents in question was originally refused by Renfrewshire Council, however, was approved on appeal by the Scottish Government's Planning and Environmental Appeals Division (DPEA).' A spokesperson for the building consortium told the Express the tree felling was part of 'preparatory works' ahead of construction. They said: 'Tree removal has commenced in accordance with consent from the local authority and Scottish Government's DPEA. All works are being guided by accredited ecologists to ensure full compliance with environmental legislation. 'As per the approved plans, the majority of the existing woodland will be retained and reinforced, with new and formal green spaces designed to improve connectivity through the site, as well as enhanced biodiversity. 'Once complete, the housing element of the proposal will account for circa 50 per cent of the land being developed with landscaped recreational areas created for new residents and the wider community to enjoy.'
Edinburgh Live
07-08-2025
- 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.
Edinburgh Reporter
28-05-2025
- Business
- Edinburgh Reporter
Dunbar flat owner loses bid to carry on letting
A Dunbar flat owner who claimed the majority of her guests were 'professional' and letting her property was good for the local economy has lost her appeal to carry on renting. Leanne Montgomery appealed to Scottish Ministers after East Lothian Council refused to grant a change of use for her second floor flat on the High Street to a short term let. She told them use of the holiday flat 'helped the economy', however the Scottish Government Reporter ruled its local impact was irrelevant. And they said the flat owner had provided no evidence that it was mainly used by professionals, as had been claimed. Dismissing the appeal, they said: ' In assessing the appeal I am only able to consider whether or not the use as a short term holiday let represents a material change from the legitimate established use of the property as a flat. 'Any assessment which considers the merits of the use would need to take place through an application for planning permission.' East Lothian Council refused the application for a certificate of lawfulness, which would mean planning permission was not needed, to operate the holiday flat, because they said a shared stairwell with other residents in the block meant it was a material change of use. And the Reporter agreed with their position saying the frequent arrival and departure of guests in the flat would impact on residents who used the same hallway. They also dismissed claims that the majority of guests at the flat were 'professionals' who were there to work in the town. They said: 'The appellant contends that most visitors are professionals who visit the area to work a nine to five job for a the very short period of time they are in the area. 'I have been provided with no specific reasoning as to why the property would appeal to professionals in particular and I have been provided with no evidence to substantiate this claim..' The Reporter ruled the impact of guests at the short term let was a material change of use and the council had been correct to reject the application for the certificate. By Marie Sharp Local Democracy Reporter Like this: Like Related
Edinburgh Live
28-05-2025
- Business
- Edinburgh Live
East Lothian flat owner loses appeal over 'professional' holiday lets
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 Dunbar flat owner who claimed the majority of her guests were 'professional' and letting her property was good for the local economy has lost her appeal to carry on renting. Leanne Montgomery appealed to Scottish Ministers after East Lothian Council refused to grant a change of use for her second floor flat on the High Street to a short term let. She told them use of the holiday flat 'helped the economy', however the Scottish Government Reporter ruled its local impact was irrelevant. And they said the flat owner had provided no evidence that it was mainly used by professionals, as had been claimed. Dismissing the appeal, they said: " In assessing the appeal I am only able to consider whether or not the use as a short term holiday let represents a material change from the legitimate established use of the property as a flat. "Any assessment which considers the merits of the use would need to take place through an application for planning permission." East Lothian Council refused the application for a certificate of lawfulness, which would mean planning permission was not needed, to operate the holiday flat, because they said a shared stairwell with other residents in the block meant it was a material change of use. And the Reporter agreed with their position saying the frequent arrival and departure of guests in the flat would impact on residents who used the same hallway. They also dismissed claims that the majority of guests at the flat were 'professionals' who were there to work in the town. They said: "The appellant contends that most visitors are professionals who visit the area to work a nine to five job for a the very short period of time they are in the area. "I have been provided with no specific reasoning as to why the property would appeal to professionals in particular and I have been provided with no evidence to substantiate this claim.." The Reporter ruled the impact of guests at the short term let was a material change of use and the council had been correct to reject the application for the certificate.
Edinburgh Reporter
16-05-2025
- Business
- Edinburgh Reporter
Supermarket bid for flagpole rejected
Supermarket giants Lidl have lost their bid to put a store sign on top of a flagpole after it was ruled it would clash with an historic cemetery. The food chain appealed to Scottish Ministers to allow the 6 metre high totem style sign at their store on St Kentigern Way, Penicuik, after Midlothian planners rejected it saying it was not in keeping with the nearby conservation area. The appeal came after they successfully overturned planners objections to an illuminated sign on the store itself which had been described as 'garish'. But while Scottish Ministers had agreed the store sign was an acceptable, and expected, addition to the supermarket building itself, they drew the line at the flagpole advertising sign at the edge of its car park. Throwing out Lidl's appeal over the flagpole, the Scottish Government Reporter said its height would make it stand out. He said: 'The visual environment to the east of the location of the supermarket and the car parks includes the buildings of the historic town cemetery on Kirkhill Road. 'The cemetery includes a number of significant vertical elements, including the unusual square tower of Old St Mungo's church. I consider that a tall illuminated sign at the proposed location will be experienced as a significantly discordant element in views of the cemetery buildings and surrounding trees, and will substantially detract from the interest and visual amenity which these buildings and the cemetery location gives to the town centre.' He added that local residents who overlooked the store and car park would also be affected by the sign adding: ' in my view, it is probable that an illuminated sign on a 6 metre pole at the proposed location will be visible from their windows, particularly in lower daylight levels, and when the trees are bare. 'I take the view that the tall illuminated sign is likely to adversely affect the amenity of these houses, even if none of the residents have objected to the proposed sign.' The flagpole appeal is the latest round in a battle over signs at the Lidl store which has spanned more than 15 years, and comes months after the store won an appeal to put illuminated signs on the shop front, which planners had also tried to ban Midlothian Council repeatedly refused to give the food chain permission to replace the standard sign at their Penicuik store with ones which lit up with planners describing the illuminations as 'garish'. However Lidl argued that the council had allowed the modern store to be built in the conservation area and should have expected them to want modern signs. The Reporter allowed the store sign but rejected Lidl's claim that the flagpole was'to be expected in the town centre location and as part of a retail foodstore to provide awareness of the use of the building'. By Marie Sharp Local Democracy Reporter Like this: Like Related
