24/00031/FUL – Granton appeal to Scottish Gov't
Granton are appealing SBC's failure to issue a decision.
In 2015, Granton Homes & Zone Architects applied for planning permission in principle (PPP 15/00822/PPP) to build 10 flats
"to the rear of [Kingsmeadows] house in an area of land currently occupied by a play area and a mixture of rhododendron bushes and fir trees.
This site is considered suitable for development because it is not occupied by any mature trees"
design statement, pg 8.
Permission was granted against 2011 planning policy (LDP). There is no record on file of SBC's ecologist being consulted. Permission expired 30 Mar 2019.
In 2019, Granton again applied for permission in principle (19/00182/PPP) to build 10 flats design stmt pg 10.
The application didn't provide adequate information to assess the proposals against 2016 planning policy (LDP):
- SBC's landscape architect noted that by failing to include an arboricultural impact assessment (AIA), the application did not show "the trees that will require to be removed as a result of the development."
- SBC's ecologist noted key issues "Potential impacts on a Natura site (River Tweed SAC) and Protected Species including European Protected Species (bats and otter)". He also noted that the ecology report didn't match the site boundaries.
Permission was granted against the 2016 LDP, deferring determination of environmental acceptability to conditions. No ecology report is on file for this application (the report was actually submitted for withdrawn application 20/00275/FUL). Permission expired 4 Mar 2024.
In 2020, Granton & Zone applied for full permission 20/00275/FUL to build seven 5-bedroom houses in the East woods design stmt pg 27.
After 40 objections, planners suggested the application be withdrawn, saying "the proposed development would see a significant number of trees removed from the site, the removal of which has not been justified or backed up by appropriate information". Granton & Jamieson withdrew their application.
In 2022, Granton and EMA Architecture applied for detailed permission 22/00422/AMC – i.e. an Application for the Matters specified in Conditions (AMC) of 19/00182/PPP.
Their proposal was for 14 flats (the PPP said 10) and an extra floor, with the tree removal plan showing 50 trees to be felled. Some of which are on the Woodland Trust's Ancient Tree Inventory.
After 509 objections, SBC refused the application for failing to meet 11 of the 14 conditions, and failing to comply with environmental policies EP1, 2, 3, 7, 9, 10 & 13 and Place Making & Design standards 2 and 5.
In 2024, Granton and Pritchett made 3 applications for 5-year renewal. Instead of providing ecological reports and other justification, they used section 42 to request new permission identical to 19/00182/PPP but with 2 changed conditions. They argued "that such an application shall only consider the conditions of the consent and not revisit the original planning permission. Any representations relating to the principle of the development would not therefore be relevant or material."
Despite the introduction of NPF4 in 2023 and the significant weight required to be given to the global climate & nature crises, planners recommended 24/00030/FUL for approval. Twice. Justified by a single-word typo.
After 250 objections, the planning committee refused 24/00030/FUL saying "that the development would result in the loss of ancient woodland and cause ecological impact on trees of historical value."