Current Planning Application Status

     At community council on Monday night there were some aspects of our current planning application that were clearly burning issues to some individuals but warranted a simple request to outline the conditions of the sale of our ground (year 2000). I did my best to answer but was a little thrown by the Q since I wasn't really sure what aspect of the conditions was being requested. The main one of course is that the ground beyond the house is woodland and serves as garden ground to the owners of the tower and cemetery cottage. That's us. Today I found the original planning report for our house build and have extracted the sections relating to the conditions and put some comments in to make some hopefully interesting reading. It will be interesting to some people but most people with a life will probably stop here!   

 Writing in blue is from the planning department in 2008 with regard to our house build planning application, black text from me.

 The applicant purchased the treed area of land to the immediate north and west of the application site from the Council on 7^th August 2000.  The sale was subject to a condition that the land be used as garden ground ancillary to the Water Tower or the former Cemetery Cottage and for no other purpose.  The feu was required not to be built upon and mature trees were to be pruned rather than felled.  In addition the agreement required that the mature broadleaf woodland with an understorey of native species be maintained in accordance with the Management Plan annexed to the agreement.  No formal landscaping was to be carried out on the feu. 

          To date all have been complied with and substantial understorey of native species planting has taken place. Trees have been felled with permission. Some replacement planting has been agreed but the terrain remains difficult and in one particularly open area, advisors all state that no planting is worthwhile until the water run off issue is resolved and the bank area is more stable. Grants are being researched because the tennis club have no funds to make good the drainage problem and the long term outlook is not good unless external funding can be found. The tennis club have made efforts which have not worked and have no inclination to make any more effort – the run off and land slip doesn’t affect them but one day the corner of the tennis club will go.

            Formal landscaping. There are some common garden plants in areas closest to the new house which encroach on woodland. These plants have been saved from the time of the house build and are just awaiting a suitable new home. It is intended to gradually remove these to the real garden areas and produce a new 5 year woodland management plan focussing on planting of native species with complimentary natives in the areas merging with woodland. This is being done with Kevock Gardens as advisors. There are some paths and hand rails plus a sitting out area that have been added to the woodland. They do not constitute formal landscaping and no trees were removed to put these in place. The sitting out area provides a wildlife haven and did so for over 11 years when it was replaced with a new slightly larger version of the same last year. In replacing the sitting out area, the more formal elements of a path with borders of garden plants has been removed thus reducing the formality. The replacement sitting out area was actually mistakenly classified as time-barred from planning by a planning officer last year. The officer put this in writing and action was taken to finish the structure rather than remove it before the mistake was recitified. If the structure is not approved then any appeal will highlight this issue.We have chosen not to make a fuss about it though.

7.2              The condition should also cover the part of the woodland to the immediate west of the gazebo, outwith the application site.  This land, which has (unauthorised) decking and garden structures erected on it and which has been landscaped

see above. Also, the Estates officer from MC was aware of the decking and structures during a visit in the past and commented that he had no concern about these structures with regard to the feu but that they should have had the benefit of planning permission. However, by this date they were time barred for planning.
, has as a result of these works been changed in use and character from woodland to open garden ground.  The land is clearly used in association with the gazebo and would form part of the extended garden space to the new house.  While in the context of a house on the site as proposed there is no material planning objection to the present arrangement continuing, this area of land is very open to the Ironmills Park. There should be consequently no encouragement given to its use for the location of outbuildings

No outbuildings have been constructed

 or other noticeable structures.

The previous sitting out area was there for 11 years and never warranted any complaint. The replacement structure is made of wood with glazed panels. It has a well aged wooden table and chairs on it. It is useable in the summer months when the trees are in full leaf and is not noticeable from the park. In the winter it is seen. Local people in the park have been informally canvassed and no-one has shown any concern for its appearance nor for that matter actually noticed it. Of course there are some people who probably regard it as noticeable. Its impact will be the subject of a considered planning view.

 If planning permission is granted for the new house a condition should be attached preventing the erection of buildings or other structures on this land.

No new structures have been constructed – only a replacement for what existed previously and in a less formal landscaped form. However, we forgot about the bin store and so did the planning officer! Ah but a helpful local person phoned him to make sure he was doing his job correctly! This bin store started off as sympathetic screening of the Scottish power stays and is an extension of the front fence structure for which planning has been applied for. It was never thought of as a separate structure but recent phone calls to the planning department have resulted in the planning officer modifying the title of the current application and attaching more detailed photographs of the store area. At a recent community council meeting 1 member of the public thought that this was a garage. 

The resultant area created by the screening houses the bins and that helps to maintain the area in a tidy manner. The alternative would be to have these bins on show on open ground which would be highly undesireable to owner and public. The feu conditions would not prevent me placing our bins in the woodland – now this would be truly ugly, but compliant. I was really naughty last week and did just that. I bet someone other than me took some photos!

3 rowan trees and 6 Silver birch trees have been planted in the vicinity of the bin store last year in an area that never had any woodland trees at all before (gosh that will make it difficult to garage the cars). They look wonderful. Why don’t the complainers ever see the good stuff I wonder? In the past this whole area was very untidy – it had 3 cypress trees to screen the power line stays; they have been removed a long time ago. After the council blocked it off to public access I stored wood there and some gardening stuff such as pots and bags of compost. I grew clematis on the stays but it never really looked right. A visitor to the cemetery used to regularly throw used candles into the space. I dug it over one year to grow tatties. No one ever complained. Now it’s open ground covered in wood chip and we just walk on it, sit on it, maybe we will dance on it? I may practice yoga there, maybe not. I digress.

The fence is a direct replacement of the same height and materials as the former and the bin store was seen as a positive addition and not even thought about for permission. It screens the very ugly metal power line stays and bright yellow plastic cover and it will take on ivy in years to come. Oh gosh- if you want to wheel bins out then it’s good to have a section of paving so there are about 10 slabs in the ground to create a small path – that will need planning permission as well. 89 documents so far on the planning web site – has to be a record. I reckon the slab path might highlight the need for further correction to come.