Dalkeith Bus Garage Site

Dalkeith Bus Station or Bus Garage

I have always been opinionated about the bus station site in Dalkeith. It was not a bus station in recent years, it was a bus garage. When I was a kid, my mum and I travelled to Dalkeith to get the Gala bus at stance 13. We got off at Heriot at the wee White House on the left, just off the main road, where my gran and Uncle George lived. The house is still there but in the field opposite where my gran had her hens? well that's now a development of swish houses.

So when did the station become a garage? And where's the change of use planning application? I can tell you there was never a change of use application because I enquired and a young lassie at the planning office tried to tell me it has always been a bus garage. Aye right.

Here is the site from its hey day

And how it looked before the bus station was built when the train station existed. Pre Beeching I suppose.

Site Vacated by First Bus

When I was writing a monthly walk article for The Advertiser with Ian Brown, I was was asked to contribute to the 20 questions column and I stated that the one thing that depressed me in Dalkeith was the ugly asbestos roofed bus garage. Well the following week, 3 buses parked on the site were set alight and I hoped no one thought I had anything to do with it!

It was with some pleasure therefore that I heard the bus garage was being closed down because First Bus were closing off some of its bus routes. I am sympathetic to those who worked there. I hope they moved on to better, or at least secure, jobs. At last though we have a vacant building site and therefore an opportunity. I have lived for the day to see what is now a rather ugly building removed from Dalkeith.

Dalkeith Town

Now Dalkeith is not the prettiest town around but it does have a vibrant and exciting history. A group called the Town Heritage Initiative led by Rod Lugg are managing investment into upgrading the old buildings and preparing a town centre heritage trail. It's all very positive. At the Dukes end of Dalkeith the Cross Keys Hotel and the Corn Exchange are being re developed and all in all, there's lots of positive stuff going on that will make Dalkeith a much more attractive place to visit.

Then there's the local shops. People complain about the number of charity shops but I don't mind them at all. I use them, regularly. I gather they receive cheaper rates so maybe the lack of contribution to local tax is an issue. But is it? There are many more shops but I gather there's nothing like the array and quality of shops compared to pre 1970's. I guess this is a fairly typical picture around Scotland.

Planning Application from Morrisons Supermarket

I heard at this weeks Midlothian Council planning meeting that the bus garage site was about to receive a planning application from Morrisons Supermarket. You might think I would be pleased. But I am not. I don't believe it's the best use of this key site and the addition of a restaurant and leisure facilities above the supermarket does not sweeten the news. It deserves to have a flagship development to anchor the town centre to the opposite end at the Dukes, and make a statement to all who come to Dalkeith. It's the gateway to Dalkeith. Only recently I wrote about my concern that a corner restaurant next to the bus garage site was granted permission on appeal for some ugly imitation slate cladding. The site including this restaurant are ear marked for inclusion in the Conservation Area and therefore they should be developed to the highest possible standard.

In my time on community council I am constantly reminded on the need for facilities for children in Dalkeith. There are few or maybe none? I am not a parent and therefore not best qualified to comment on this but I am aware that young adolescents have no facilities locally.

But....money is tight and who is going to be able to build an all singing and dancing facility to cover our needs? And what is the best use of this key site?

So where do we go from here. Just accept the introduction of Morrisons and say, well its better than the ugly bus garage? Accept the arguments that because Tesco left Dalkeith for an out of town site that we deserve a replacement supermarket? Do we really need a supermarket IN Dalkeith? Do people still do their supermarket shopping in small towns and villages or do they take a car or bus to an out of town facility, or order on line? And what about the traffic from the proposed parking for a supermarket site? (Now I am sounding like a typical community council person, but they do have a point). Finally, do people really go to a supermarket and then visit the other local shops in a small town or village? I doubt it.

So I am with councillor Baxter, I don't believe a supermarket is the correct choice for Dalkeith and I do think the small shops will continue to suffer rather than benefit.

What do you think?

Letter to Local Newspaper

I have written a letter to our local newspaper which will be published tomorrow. It relates to the building that used to be the post office in Dalkeith. I wasn't against a restaurant taking the building but I did request at the time of the application that the materials and design were appropriate to this area because it is located at the entrance to Dalkeith.

 The owners of the restaurant then went on to add the most horrible slate cladding in contravention of their planning permission and this was refused by the council planning department on submission of a retrospective application.

 The restaurant appealed to the local review board. If the retrospective application had initially been refused by a full planning committee then the appeal would have been to the Department of Planning and Environment Appeals.

The Review Board is a select group of elected representatives, or councillors, who could not be expected to have anything like the experience of the Reporters at the DPEA. The board over ruled the planning committee and granted approval for the slate cladding. I do not agree with the review board and hence this letter.



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I read with concern that The Local Review Board did not uphold the decision of the planning officers in refusing the use of slate cladding on a building in Dalkeith.

The review board has taken over from the old route of appeal to the DPEA for planning matters at this level. While this saves time and money it is imperative that the elected representatives on the board have as much knowledge in planning matters as possible, in order that they can make a balanced decision based on good design. 

I wonder if the elected representatives were aware that this building is in an area marked for inclusion as an extension of the Eskbank and Ironmills Conservation area? I don't think they can be, because the building is now even more at odds with potential conservation status.

What might our future generation say if the site of the bus station is developed to a high specification (oh please) to find it sits beside a utilitarian building clad with shiny grey slate tiles; lit by blue, red and green fluorescent lights.

The slate cladding should have been judged by the review board for its compliance with the local plan, the setting of the adjacent listed buildings and its impact on the gateway to Dalkeith.  

In my opinion it compromises all of these and perhaps more importantly, offends the good work and funding that is currently being applied to the core of Dalkeith to bring about improvements to Dalkeith town centre.

When is a Woodland a Forest

Have been clearing out old e mails and I found this one which might be of use. It was raised by a planning officer who was looking for guidance on planning matters in our woodland. Recently Kevin McLeod of Grand Designs has been building an off-grid hut in a piece of woodland in England. He put wheels on it to make it a moveable structure to get round the planning regulations.

In some cases the planning law is an ass. In other cases it protects the environment. It is always hard to put common sense into a legal document IMHO but maybe it is time for Scotland to reform its planning legislation for trees and woodland.

 

Here is the e mail correspondance which was dated late 2011.

 

Dear Sir/madam,

I am trying to resolve an issue which depends upon the difference between a woodland or a forest.

Under the Town And Country Planning (General Permitted Development Procedure)(Scotland) Order 1992, there are certain permitted development rights given to forestry buildings and operations. Unfortunately no definition of forestry is given. I need to know whether or not these rights also apply to woodland management. Therefore I need to know if there is a distinct difference between forestry and woodland management?

I hope that you can assist

regards

Kingsley

I refer to your query below. There are no formal definitions of "forestry" and "woodland" in use, but, for all intents and purposes, Forestry Commission Scotland does not distinguish between "forestry" and "woodland management". Both are eligible for grants under our funding systems and both are regulated through our grants and licences system.

I refer to the recent publication by FCS/Scottish Government "The Right Tree in the Right Place - Planning for Forestry and Woodlands" (http://www.forestry.gov.uk/pdf/fcfc129.pdf/$FILE/fcfc129.pdf), the introduction to which notes that: "This guidance therefore uses the term 'woodlands' throughout to refer to all areas of land, larger than 0.25 hectares, where trees are growing. ... The term 'forestry' is used to refer to the science, art and practice of managing 'woodlands' on a professional and sustainable basis to ensure that their economic, social and environmental benefits to society are optimised."

I hope that this is helpful. Please let me know if I can be of any further assistance

Regards

Neil

Neil Langhorn

Land Use Planning Advisor

Forestry Commission Scotland

Silvan House

231 Corstorphine Road

Edinburgh

EH12 7AT

0131 314 6529

07879 232 669

Old Field Drain

Planting season is here and once again I am hindered by something solid under the ground preventing access for new planting. This time I unearth an old field drain. It appears at the tennis club fence and then tracks underground a short way. It was full of soil but not carrying any water. Bone dry.

Interesting to see where this is. Above the area where the path was broadened a few years ago because the path at this corner was very narrow. Below the path is the section of the bank where there has clearly been land slip in the past. I suspect this old field drain may be part of the reason for the slip. Who knows.

Right now though the soil is dry and very easy to dig. Lots of crushed stone (blaise) in the soil which seems to aid drainage and I am told will be OK to support growth. Planting is Holly, Blackberry, Blackcurrant, Redcurrant, Horseradish, White strawberry (because the birds will not eat them!), Rhubarb and then some edge planting of ivy and fern to maintain the woodland feel. Its an area of the slope that has been bereft of plants other than self seeded grasses, weeds and a few wild flowers. The odd daffodil as well. This planting is to establish some edible woodland plants. Fingers crossed, the light levels are reasonable but it is North West facing.

The old drain pipe is now removed.

Susan Goldwyre
12th November 2012.

Update from my other half - "it can't be a field drain". There's no area to drain unless the tennis courts were cambered to that point or there was a herring bone drain system in place and there's no sign of that. More likely is that this was the septic pipe so maybe this is the pipe that served the septic tank that people tell us became blocked and took away a section of the hillside? Anyone got any more info?????

State of Pennsylvania

This fun e mail came to me from work colleagues. I wonder why they thought of me and my past relationship with Midlothian Council? Did you note the use of the word "past"? Might I be recovering?

The "cooncil" have indeed stated now on more than one occasion that they have no issue with the woodland and the works carried out there. So maybe recovery is justified. They agree that no harm has come from the steps on the bank, the path widening and the bark chip paths. Hallelujah I say, compared to 2 years ago when you would think I had committed a serious crime.

But......Oh there's always a but. Murmurings of dissent continue in the community and I am being stalked on Twitter by janisneil1 who has followed me since August 2012. This person doesn't follow anyone else and has never tweeted! But I dont mind because I have nothing to hide and everything to celebrate. I must get tweeting about the plans to work with network rail to divert the train through the woodland thus creating water tower station.

Enjoy the fun e mail below.

This is an actual letter: State of Pennsylvania 's letter to Mr. DeVries:
SUBJECT: DEQ ... File No.97-59-0023; T11N; R10W, Sec 20; Lycoming County

Dear Mr. DeVries:

It has come to the attention of the Department of Environmental Quality that there has been recent unauthorized activity on the above referenced parcel of property. You have been certified as the legal landowner and/or contractor who did the following unauthorized activity:

Construction and maintenance of two wood debris dams across the outlet stream of Spring Pond.

A permit must be issued prior to the start of this type of activity.. A review of the Department's files shows that no permits have been issued Therefore, the Department has determined that this activity is in violation of Part 301, Inland Lakes and Streams, of the Natural Resource and Environmental Protection Act, Act 451 of the Public Acts of 1994, being sections 324.30101 to 324.30113 of the Pennsylvania Compiled Laws, annotated.

The Department has been informed that one or both of the dams partially failed during a recent rain event, causing debris and flooding at downstream locations.. We find that dams of this nature are inherently hazardous and cannot be permitted. The Department therefore orders you to cease and desist all activities at this location, and to restore the stream to a free-flow condition by removing all wood and brush forming the dams from the stream channel. All restoration work shall be completed no later than January 31, 2010.

Please notify this office when the restoration has been completed so that a follow-up site inspection may be scheduled by our staff. Failure to comply with this request or any further unauthorized activity on the site may result in this case being referred for elevated enforcement action..

We anticipate and would appreciate your full cooperation in this matter. Please feel free to contact me at this office if you have any questions.

Sincerely,
David L. Price
District Representative and Water Management Division.

Here is the actual response sent back by Mr. DeVries:
Re: DEQ File
No.. 97-59-0023; T11N; R10W, Sec. 20; Lycoming County

Dear Mr..Price,

Your certified letter dated 11/17/09 has been handed to me. I am the legal landowner but not the Contractor at 2088 Dagget Lane , Trout Run, Pennsylvania .

A couple of beavers are in the process of constructing and maintaining two wood 'debris' dams across the outlet stream of my Spring Pond. While I did not pay for, authorize, nor supervise their dam project, I think they would be highly offended that you call their skillful use of natures building materials 'debris.'

I would like to challenge your department to attempt to emulate their dam project any time and/or any place you choose. I believe I can safely state there is no way you could ever match their dam skills, their dam resourcefulness, their dam ingenuity, their dam persistence, their dam determination and/or their dam work ethic.




These are the beavers/contractors you are seeking. As to your request, I do not think the beavers are aware that they must first fill out a dam permit prior to the start of this type of dam activity.

My first dam question to you is:
(1) Are you trying to discriminate against my Spring Pond Beavers, or
(2) do you require all beavers throughout this State to conform to said dam request?

If you are not discriminating against these particular beavers, through the Freedom of Information Act, I request completed copies of all those other applicable beaver dam permits that have been issued. (Perhaps we will see if there really is a dam violation of Part 301, Inland Lakes and Streams, of the Natural Resource and Environmental Protection Act, Act 451 of the Public Acts of 1994, being sections 324.30101 to 324.30113 of the Pennsylvania Compiled Laws, annotated.)

I have several dam concerns. My first dam concern is, aren't the beavers entitled to legal representation? The Spring Pond Beavers are financially destitute and are unable to pay for said representation -- so the State will have to provide them with a dam lawyer.

The Department's dam concern that either one or both of the dams failed during a recent rain event, causing flooding, is proof that this is a natural occurrence, which the Department is required to protect. In other words, we should leave the Spring Pond Beavers alone rather than harassing them and calling them dam names.

If you want the damed stream 'restored' to a dam free-flow condition please contact the beavers -- but if you are going to arrest them, they obviously did not pay any attention to your dam letter, they being unable to read English.

In my humble opinion, the Spring Pond Beavers have a right to build their unauthorized dams as long as the sky is blue, the grass is green and water flows downstream. They have more dam rights than I do to live and enjoy Spring Pond. If the Department of Natural Resources and Environmental Protection lives up to its name, it should protect the natural resources (Beavers) and the environment (Beavers' Dams).

So, as far as the beavers and I are concerned, this dam case can be referred for more elevated enforcement action right now. Why wait until 1/31/2010? The Spring Pond Beavers may be under the dam ice by then and there will be no way for you or your dam staff to contact/harass them.

In conclusion, I would like to bring to your attention to a real environmental quality, health, problem in the area It is the bears! Bears are actually defecating in our woods. I definitely believe you should be persecuting the defecating bears and leave the beavers alone. If you are going to investigate the beaver dam, watch your dam step! The bears are not careful where they dump!

Being unable to comply with your dam request, and being unable to contact you on your dam answering machine, I am sending this response to your dam office.

THANK YOU,

RYAN DEVRIES & THE DAM BEAVERS

Ombudsman

       I do feel bad that I have not updated this blog for some time. Not since June 2nd. It has been a busy summer at the water tower, mainly with the remodel of the cottage and the dining facility but also with the arrival of our hens. They were initially given free passage around the entire woodland but I spent so much time tracking them down, I decided it was better to have them in a contained run. Before that, I spent one day trampling all over the woodland only to return and find the hens by the back door looking as if to say "can we come in please?". They are real characters and the fresh eggs are just lovely.

 

 

 

 

The purpose of today's blog though is to record the outcome of an ombudsman appeal that I raised this summer in respect of past tree works that had been reported wrongly at Midlothian Council during the planning application in 2010. Phew.....those not interested, stop reading now. It's a pretty boring subject.

 

I previously raised a complaint with the council through their formal process and it reached what is called stage 3 in the system. I had not considered the outcome satisfactory. I had noted the option to take this to the ombudsman but put it off in the concern about getting into some beaurocratic process for no real gain. Perhaps because it was late at night with a wee glass of bubbly in my hand that I felt like just doing it rather than procrastinating any longer. I looked up the ombudsman site on line and found it remarkable easy to register my complaint. It took less than 15 minutes. Within a couple of weeks I had a positive response, the ombudsman was concerned enough to take up the complaint. The complaint has to centre on provision of a service with a view to making public service better. In my case a tree officer had advised a councillor that in her professional opinion unauthorised tree felling had caused a bank to be destabilised. Said councillor abused these concerns about trees at our planning application hearing (meeting) and when challenged after it, used the tree officers’ advice as justification. I wholly disagreed with the tree officer opinion because all my personal consultees agree that what has happened on the steep bank has been caused by the camber of the tennis courts above, that there is clear evidence of past land slip, probably in the early 70s. The area struggles to support growth because of lack of light and the fact that the soil is very close to the rock. The previous owners of the land, the council, had actually built a retaining wall in its day and the tennis courts had installed a drain pipe but sadly it became blocked and didn’t work. It’s simply a difficult area and has long been a scar. My efforts to let in light accorded with the woodland management plan and this area is my target for improvement. In my experience improvements don’t always look good at first in woodlands but after 3 years the results will start to show.

 Technicalities aside, the officers communication had been used and abused and had led to some very unpleasant and inaccurate local complaints contained within our planning files and that was the burning issue for me. I wanted to get closure on this matter through an independent process.

The ombudsman was extremely helpful. He helped me to understand the process and limit my expectations. I can never seek re dress for what was said at the planning meeting because that had been dealt with by the appeal process which upheld our appeal last year. In other words that planning matter was closed, he could only investigate and act on failures of “service”.

The ombudsman wrote to the council for all and every communication regarding the water tower wood. That must have been interesting task for the council employees to deal with and I do have some feelings of concern about a waste of time and money. However, and those folks that know me will understand this, I used this particular complaint to get into the system and to understand the process. I may need to use it again.

Some 4 weeks or so later I had a formal response from the ombudsman. The professional opinion that a bank might be de stabilised is not something that the ombudsman would take issue with since it is just that – opinion. But within the 6 page report here is an extract of the most significant section.

“I have not found any reference to any other unauthorised felling in the information I have obtained from the council. For this reason I contacted the Landscape Officer to ask her to confirm the extent of any alleged unauthorised tree felling. She explained that your management of the site was entirely appropriate and in accordance with the councils requirements. She explained that the only instance of unauthorised felling on this site was the instance detailed in her letters in June 2010 and related to a number of trees felled near the tennis court run off area. In her opinion the felling of these trees had added to stability problems with this area of ground. She did not provide an opinion on who had carried out the felling and confirmed that no other unauthorised felling had taken place.

She confirmed that, at the time, she had discussed with you and an agreement had been reached on replanting. She was off the opinion that you seemed satisfied with this at the time.

She acknowledged that the works in this area had become a contentious issue with some other members of the community and that inaccurate information had been circulated in respect of felling and unauthorised works on the site. This may have been exacerbated by works carried out by Scottish Power which may have been misinterpreted by others”

Whilst the wrongful statement re the bank stability has not been commented on because it was only an opinion, the summary above does help to establish the facts of matters at the time. It goes a long way to redress the local gossip and especially that relayed by a Mr Tony Galloway when he was campaigning as the Conservative election agent. He passed on to others that we had illegally felled 30 trees at water tower wood and brought about industrial deforestation. I said my piece to Mr Galloway on his doorstep at the time.

The only felling that has taken place on my watch on the tennis court run off area has been 3 trees, one of which was noted in the woodland management plan for felling to increase light levels. Two others, both sycamore, were storm damaged and they were also felled. The tree fellers employed to tidy up limbs that had broken off from the very large Beech trees above the slope found the area extremely unsafe for tree works because they were unable to get good footholds. That turned out to be because the entire area had been a dump for god knows how many years. The ground was soft and yielding and many tree branches, leaves and rubble were lying on the slope. It has been cleared now and I did report in previous blogs that I had done this. I had found cast iron poles (previously used to hold up the tennis court fence I guess), plastic bread baskets, 2 wooden chairs, an umberella, bricks, rubble, wood of all shapes and sizes..... a right old mess. It took me months to clear it out and carry the man made materials up the hill. The wood and leaves have been used to create one of the largest wildlife wood piles that I have. It makes a great barrier at the top of the precipice leading down to the river and I can even stand on it and feel safe.

The council tree officers visited this area this week since I have another sycamore to remove that is growing to one side and through a rather beautiful yew tree. The discussion that we had agreed on the planting of native under storey, which is my intention for this area and has already started to be done. As for the previously felled sycamores, the advice is to paint the stumps with neat roundup to prevent their re growth......because.......sycamore are weeds and add no value to the area.

 

Concrete and Blaise

Recent sunny weather and lots of rain has made the woodland garden very green and lush. This view is taken from the steps cut into the steep bank and the bare earth patch is a newly planted area. Trying to get a spade into this area for years now I had wondered why I kep hitting something solid. Scraping away the soil I found a large run of concrete that someone must have poured to waste at one time. Very odd - and I can't think that anyone I knew would have done this.

Using a bolster and hammer Gerry and I managed to extract the concrete. What a gouge in the ground once we had finished. But I have planted the area with the hazel from Ian Brown, there was a thriving Beech and I added a couple of Alder left over from my hedging plants. I also added some rhubarb and a blackcurrant since this is a sunny spot on the bank and why not start the process sooner rather than later of growing food in a woodland.

These next photos register that state of the ground behind the tennis club. Piled with waste blaise from the courts over many years and very little other than some holly and hawthorn clinging on for dear life, this is a sad looking area of the woodland.

Digger to the rescue.

An earth moving experience later and we have a cleared area .

This is just the first stage of making this area good. I'll write more later once things take shape. I am thinking about painting the fence as a minimum and certainly planting in front of it. The area is shady and cool- apparently just the sort of area that chickens would appreciate. Gerry having nightmares at the prospect of dead chickens and maurading foxes. I have dreams of fresh eggs picked up from the woodland floor and placed in wicker baskets lined with a chequered cloth. Expect truth might sit somewhere between the nightmare and the dream.

In the meantime if anyone ever needs to move soil or waste from a garden, don't hesitate to hire a mini digger. It will drive through a standard gate width. Its easy to use and it will save hours and days of back breaking work. We hired one from Basically Tool Hire in Newbattle.