The Water Tower

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Monday, November 23, 2015

Diary of Planning Events 2014 to 2015 part 1

A copy of the neutral letter regarding a planning application at Dalkeith Tennis Club 2014

Look it up on the planning system, the application was interesting. Approved before Scottish Water sent in their response, and the consequences of that are only now coming to light.

That aside, what a debacle. You make an enquiry about some mesh screening - which is truly noticeable to all, and then the planning officer waits 2 months and asks you why you think there's a breach of planning control.

The reason for raising it though was all about the mesh screening.

Only today someone commented to me that it stands out on the skyline and looks like a building site. Even with 2 layers - its still got significant impact in the winter months. You can see our house build as well, but at least thats wood and it has softened into its environment beautifully.

So with the tennis club a tad upset having had its first ever planning notice - is it any wonder they complained about our new build wood store this year? Of course not. But let's keep all of that for another blog post.

Addition 13th Dec 2015

The planning enquiry that started the above process, on16th May 2014. The tennis club then made an application to which I could comment on by Nov 2014. 6 months after the netting had been applied. I don't have a problem with the time line - it's just interesting. As is the due process applied by the council.

Planning Enforcement Enquiry Information Sheet

In accordance with Midlothian Councils adopted Planning Enforcement Charter the procedure for reporting a suspected breach of planning control is as follows:

1.          To report a suspected breach of planning control you should write to: Planning Enforcement, Midlothian Council, Development Management, Fairfield House, 8 Lothian Road, Dalkeith, EH22 3ZN, or, you can email

Alternatively, you can fill in the shaded areas of the attached form and return it to the Council using the above details. 

2.          All of the below information should to be provided.  Please note that your enquiry will not be investigated unless all of these written details have been received: 
·           the address of the property concerned;
· details of the suspected breach of planning control, including relevant dates when the works, use, or activity started, finished (if relevant), or whether it is still ongoing;
·           your name, telephone number and address;
·           an e-mail address if the complaint is submitted electronically;
·           information on how the suspected breach harms you or why it is of concern to you;
·           whether you wish your enquiry to be treated confidentially*.

*While the Council will do its best to honour requests for confidentiality, it is subject to the requirements of the Freedom of Information (Scotland) Act 2002 (FOI). In this regard the most recent rulings from the Commissioner indicate that information received in confidence in respect to enforcement is exempt from the requirements of the FOI. Requests for total confidentiality however may limit the ability of the authority to take formal action and cannot be guaranteed if the case leads to court proceedings.

3.          Following receipt of these written details the information provided is checked by the Council’s Development Management section to ensure that it involves a possible breach of planning control and includes all the details required for a possible investigation.  After preliminary checking and compliance with the requirements for investigation, the complaint will be registered.  Once registered, a written or e-mail acknowledgement will be sent.

4.          Please note that a priority system is used for investigating registered complaints.  The breaches of planning control that the Council considers to be of major significance will be given priority.  This is based on matters such as the environmental effects and consequences of the breach, the significance of the site, and whether the works or activity subject of the complaint are actively ongoing or not.  Giving priority to the investigation of registered complaints in this manner helps the Council to direct its enforcement resources to what it considers are the most important enforcement cases first.

5.          A copy of Midlothian’s adopted Planning Enforcement Charter can be view on the Councils website

(Please turn over for enquiry form)

Anonymous enquires will not be investigated as stated in the Councils adopted Enforcement Charter

Complainants will be advised to write in as stated in the Councils adopted Enforcement Charter – Refer to advice letter for confirmation


Complainants Details:

Name: Susan Goldwyre

Postal Address: RP9 Cemetery Road, Eskbank

Post Code: EH22 3DL

Contact Phone Number: 0131 660 4865

Email Address:

Complainant Type:

Community Council





Location of alleged Breach of Planning Control:

Site/Postal Address: Dalkeith Tennis Club, Cemetery Road.

Post Code: EH22 3DL

Land Owner/Occupier if known:

Details of alleged Breach of Planning Control:

Description: Additional layer of netting/screening being placed onto open mesh fence around the site of the tennis courts. No planning permission applied for.

When did the development commence: First layer, March or April 2014. Additional layer(s) today 16th May 2014.

In the case of building/engineering works – is the development still taking place: N/A

In the case of building/engineering works – when did the development finish: N/A

Frequency/timing (i.e. breach of construction hours condition): N/A

Harm/Impact caused by alleged breach of planning control (helps to prioritise work): Impact on conservation area and block of light to neighbouring property.
Uniform Info:

None compliance with plans

Breach of condition


Amenity of land

Unauthorised advert

Change of use of land

Operation development

Details of known Planning/Enforcement History:

Previous enforcement case/complaint:

Details of Planning Applications on the site:

Is the host building a Listed Building or is the site in a Conservation Area:

Details from Street Directory:

Other Agencies advised:
Commercial Services

Environmental Health

Other Internal


Complaint Taken By:

Date Complaint Taken/Made:
Case Officer:

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