Bank Stabilisation

These documents were included with our appeal in June. They tell the whole story. Check the dates of all 3 communications.

14^th Jan 2011
045/02/ Planning
Kingsley

Retrospective application in garden ground.

Following our discussion today I confirm that you agree that the wording on the notice (posted in the street) is inaccurate in that it describes work to broaden the path as “Bank stabilisation” This is wholly wrong. Please ensure anyone looking at the application is made aware of this fact. As stated before what we have done is little more than gardening.

Should you require any further information please let me know.

Gerry Goldwyre

Sent by email

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15^th Feb 2011

Kingsley

Following my letters and assorted conversations, I note that the description as changed by the Planning department has not been altered to reflect the actual description as per our submission.

I first wrote to you about this on the 14th January 2011. Please alter with immediate effect.

If for any reason you cannot do this please let me know by return.

Thank you
Kind regards
Gerry Goldwyre

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MR Drinkwater Senior Planning Officer Midlothain Council Fairfield House Dalkeith

7^th Feb. 2011

Delivered by hand

PRIVATE AND CONFIDENTIAL

Mr  Drinkwater

Application for retrospective Planning Permission .

We have been advised, for legal reasons that this letter remains strictly confidential, as it may be referred to at a future date. We ask that this request can be met If it can’t can you please advise.

The reason for writing is the description that we submitted for our retrospective submission is very different to the description that is titled on the councils’ on line application and sent to the press.

We believe that this description, changed without our approval, has led to people believing the works are more expansive than is the case. Especially the use of wholly inaccurate “works to stabilise the banking” This has caused concern in the community and adds to the hysteria of groups like the EAS and the Esk Valley trust. As highlighted in their letters of objection.

As you will be aware of the history regarding our application, we were awarded substantial compensation form the reporter, against the council, because in the reports words the Council were wrong to change the description of our application, and this change heightened concerns locally. Despite this it appears the lessons of the past have not been learned. I have on around 20 occasions both spoken to and written to your Council officers explaining there have been NO STABILISATION works to the banking. The use of the word stabilise infers that the banking is inherently unstable and that engineering works have been carried out by us.

I have no wish to be critical of you or any other officer, as I appreciate the extremely difficult task you and they face. I am merely documenting my concerns, as part of a paper trail.

 As this application is now going to committee and any officials who read that there are bank stabilisation works and erection of timber decking may believe the works are far more extensive than they actually are. Especially as some elected members have both visited and spoken to the  some of the individuals who echo the description you offer. I therefore insist that anyone with an interest in the decision making process is made fully aware of the description as offered on line is an inaccurate description. The details on our application are accurate and were agreed in advance by yourself and Ms Pryde prior to me making a formal submission. For clarity I have listed below both the Councils description and our description as submitted.

Our application read

1. Replacement of temporary store / platform to permanent store platform with glass protection rail.
2. Boundary fence replacement.
3. Path broadening and guard rail.
4. Access steps and guard rail to woodland.

33words

MDC description

Erection of timber decking with storage beneath, erection of boundary fence incorporating a bin store, works to stabilise banking, alterations to path, formation of woodland access steps, and erection of associated guard rails (retrospective)

34words

Should you require any clarification please call or write. Thank you

Yours sincerely
Gerry Goldwyre


So it is interesting that someone thinks that we waited until just prior to the Planning Committee Meeting to dispute this description. In raising the confusion of the works they have done a lot to facilitate the claim for expenses since we now know where the errors emanate from in the council.

Oh but some lessons could be learned from our planning application.