Water Tower and Cottage Pre Conversion

Lots of folks have been commenting on the water tower and cottage conversion of 20 + years ago. Here are the buildings when we purchased them in 1989. Isn't the flat roof box extension on the cottage truly awful. The boarded up windows on the cottage didn't do a lot for the state of the building at the time. Add in paraffin heaters, chip board covers on the original interior doors and external asphalt paving covering the damp proof course layer and its a wonder this cottage survived.

Harry Potter Steps

These steps were created on the steep slope this last year. It has taken me 'til now to work out how to attach this photo because it was taken by a professional photographer called Nigel Rigden. I'm sure he won't mind having this picture used on this blog site. Are these steps not truly something out of a Harry Potter scene? I walk them most days and it kinda compensates for not walking up and down the water tower steps these days!

The steps link to the access steps created previously down to the top of the very steep edge. It was a mammoth task to create the access (thanks to Mick and Niall) but now we have safe and secure access for planting. In this last month, 6 more quite large Cherry trees have been planted and 6 new small Aspen. Now Aspen is native although not that common. It has been planted some distance away at the most precarious section at the base of the "run off" area. I reclaimed the ground here by shovelling the loose soil from the slope to create a flattened section capable of holding plants. I gather Aspen will proliferate by runners and some tell me it will take over. If it sends out a lot of root growth then that will be good for the bank. If this blog is being read by the next owner of the woodland then I apologise if you are thinking of tree surgery now because this has been a mistake. I'm hoping the beauty of the Aspen bark will compensate for any take over, and surely in my lifetime it will create a lovely screen of trees to the park below. If the Midlothian Council tree officer is reading this then be prepared.

Now when I was in Florida I came across this. I wonder where the inspiration for the access steps came from?

Published in SWOG

http://www.swog.org.uk/wp-content/uploads/2011/10/NL-Nov2011-final.pdf

SWOG the Small Woodland Owners' Group have published the first of 2 articles that I prepared. I'm not sure its my best prose but I am keen to get my message out to woodland owners who might have issues with planning permission.

This monthly newsletter is very interesting apart from my own contribution. All woodland and wildlife lovers will find something interesting I'm sure.

27th Dec 2011
Susan

Levenson - my view. With Rights Come Responsibilities

It’s Sunday and I am reading about the Levenson enquiry into the culture, practices and ethics of the media.

I am struck by 2 comments in the stories in the Sunday Times. The first relates to “long lenses” and the second relates to phone calls made to a witness asking what trees were being planted in some-ones grounds because of a related story on non-native planting in Scotland.

Well I’m no celebrity nor have I suffered thank goodness from any press intrusion in my life but these comments struck a chord.

Last year, and again recently, our sitting out area in our woodland garden was photographed using long lenses. Our house was also photographed and our woodland, which we own. Everyone has a right to a photograph and I have never complained or questioned anyone taking photographs of our water tower or our grounds. The tower is a land mark and the associated grounds are the back drop to Ironmills park. But when long lenses are used to try to sway judgement of a planning application, even when the house had permission, well that’s intrusion. Not by the press but by the public. Members of the public went on to lobby Midlothian Council elected representatives and some were swayed with the evidence put before them - even with the evidence provided by using "long lenses". That was shameful. Especially when elected representatives chose not to visit nor to check facts and detail.

What about non-native planting? I’m acutely aware of this issue having been accused of so called non-native planting by some who know a lot less than I do as to what’s native and, more importantly, what’s acceptable and why in the woodland. It’s partly why I have this blog. I am an avid reader of all things “woodland” and my understanding of what is native and how to manage woodlands is my passion.

But back to the enquiry and the fact it struck a chord with me this morning. I might be no celebrity but I guess Gerry has made the press with his Masterchef achievement. This must be why a member of the public and ex justice of the peace, Mrs Kate Duthie, thought she had a right to ask that Gerry be “researched on the internet” during our appeal process. I still can’t quite get over that request, made to the Reporter during his site visit. At least it was made in our face so we know what was being said. Behind the scenes – god only knows what was said. In this country if you want to report someone to an authority then there is a whistle blowers charter that allows that report to be heard and judged. No matter the outcome. But if you cry wolf and your complaint is not upheld because you have invented a story to augment your own beliefs and with no factual evidence, why are you not held accountable for wrongful activities?

I think this is where the Levenson enquiry should go. I appreciate the press for their forensic auditing of mal-practice and wouldn’t want to see that practice curtailed by legal process arising from the actions of less scrupulous reporters. Let’s just make the perpetrators of less scrupulous activities responsible for their actions and bring the weight of the legal process on their shoulders. Then they might think twice before using long lenses and reporting irrelevant and wrong information in the interests of a story; twisted and adjusted just to sell newspapers, or to attempt to mark the character of any individual.

On a happy note - Its Movember and I found this picture of Gerry with his contribution in years gone by. This was Long Island in 2004, the start of our year out trip when we cooked our way all over the USA.

Water Tower Works

Since woodland works have taken a bit of a back seat recently it seems like a good idea to report on the water tower, as it is being renovated for the second time. The interior will benefit from modern technology, in the form of lighting and plumbing. Sad to have to replace a 3 month old boiler but if water damage makes something unsafe then there’s no choice.

The replacement kitchen is the only major item still to complete, everything else is on a snagging list or pending delivery. The old water tank (not the very original but a domestic one) has been removed. It's really nice to see the external lights back on again and now that we have LED, isn’t life so much better, not to mention more cost effective. Paintwork on the outside wasn't affected by the flood and much of the external paintwork had been re done a couple of years ago. The front door though - that was always a problem and no matter what we did the oak wood always looked horribly stained. It now has a new coat of paint instead of varnish and what a transformation.

I’ll post pictures once completed but in the meantime, here is an extract of the history of the tower as written by David Smith ex provost of Midlothian Council and local historian.

THE WATER TOWER - DALKEITH

1.HISTORY

The Water Tower at Dalkeith is thought to be the oldest building of its kind in Scotland. It was built in 1879 at a cost of £1,330 on land acquired from the Duke of Buccleuch. The construction was carried out by an engineer , Mr. James A Leslie. Contractswere placed with Messrs James Thorburn & Sons , and Messrs. Hanna , Donald and Wilson for the building and the erection of the iron tank respectively. The 80 foot high tower served as a “cistern” for around 18,000 gallons of water which was then fed by gravity to the towns of Dalkeith and Eskbank. The construction is brick with stone facings and the 18 foot high tank, now removed , took up the entire space of the “house” section which is clad in wood.

Water was pumped to the tower from various sources throughout its working life. One of the early principle sources was from a bore tapping into an artesian wellat Bridgend .This supplied up to 200,000 gallons of water per day to the tower.

In 1910 searches for further supplies led to Ironmills Park. A mill wheel was in working order and this was used to pump water from a bore sunk in the flour mill (previously an ironmill ). Water was pumped into a tank with a capacity of 10,000 gallons then conveyed to the tower to be mixed with other supplies.

2. CLOSURE AND CONVERSION

Eventually the water tower was not able to meet the demands for water supply , and it was closed around 1950. In 1975 the local council gifted the building to the Dalkeith Community Council who had hoped to convert the building into a camera obscura or museum. However the question of public safety and costs were to restrict the Community Council plans and instead the tower was offered for sale to the public. It was purchased at a cost of £6,013 by Gerry and Susan Goldwyre in 1988.

Renovation of the grade B listed tower began after 6 months of planning. The local authority were sympathetic when considering the submission for conversion and the local people of Dalkeith and Eskbank were in favour of the conversion of a much loved land mark. The tower now has 7 floors with stunning views across Midlothian , Fife and Edinburgh. The only major change to the tower was the addition of a balcony which has enhanced its appearance. The tower features regularly in books and magazines . The conversion won many awards and created substantial press and public interest.

Extracted from “ A History Of Dalkeith’s Water Supply “ by David R Smith. 1996 Local Historian

3. AWARDS. 1990

·        ·Sunday Times “ Best Conversion Of Industrial Building “

·        ·Independent television programme“ Through The Keyhole” featured the owner for the most innovative house in Britain.

·        ·The Sunday Times SCOTLAND Morton Fraser Milligan Heritage Award for the best architectural Conversion .

·        ·The Sunday Times SCOTLAND Morton Fraser Milligan Heritage Award for the architect of the tower , Gerry Goldwyre.

·        ·National Trust Conversion Award.

A Microcosm of Local Planning

I posted this today on the Homebuilding and Renovating magazine. I know - I am back on planning matters. But once you have been in the system, believe me it becomes addictive.

http://www.homebuilding.co.uk/community/blog-post/microcosm-local-planning#comment-10852

How web sites work these days. I am in the running for a home building award for the Goldwyre House which caused me to look further onto your web site. Planning indeed! Let me tell you my story. We took 10 years to get permission for our house build. It is a sensitive site and the planners wanted to make sure the design was not too ostentatious. Our first design was refused being too "exotic". The senior planning officer though had his own opinion "I will never allow you to build on this site" rings in our ears. However, it’s not the prerogative of one person and the appeals reporter stated that the principle of a house build could not be refused. We went to work on the design and what you see on the competition page is what we built. That process wasn't straightforward but it was reasonable and we built a working relationship with the planning officer. A new broom was at the top of the planning team as well and things seemed to be much better all round in Midlothian, not just for us. However what happened next is the reason we called our house RP9 which stands for Rural Policy No 9 which defines the specific locational need and protection of river valleys in Midlothian. A local group campaigned hard to say that RP9 was being overlooked and our house, despite now having permission, should be restricted in size and any non-material variations be brought to the fore and raised to a level of National importance. I kid you not about the National importance. The Esk Valley Trust wrote to the planning department to say that our project made depressing reading and that the whole issue should be raised at a National level. They contacted the Green party. They mounted an un neighbourly campaign and an Amenity Society went to town on complaints running into 10's of pages per letter. When they had no joy with our house and a non-material variation they picked up on unauthorised items - a fence (replacement), a sitting out area (replacement), path widening! And steps into the steep bank of the woodland for access! The latter items should probably never have been submitted into a planning application but we went ahead with the advice of the planning officer to capture these minor items into one overall application and to put a stop to all the local complaints. The planners recommended approval. The pressure group mounted its attack via the local councillors and at a committee meeting (not a delegated matter) the meeting refused permission by 8 to 6. We weren't surprised and went to appeal. The appeal over ruled the council and the report was a joy. the campaign to make RP9 work against was over turned by the appeal in a few short sentences stating "how could these items be any more locationally specific" which contrasted widely with the reams of paper and dedication of a few to put their own slant on the meaning of a planning policy.

I have a blog site that I created at the time of great angst in my life. Our house and woodland feature on it. Take a look. There are more planning stories in there.

http://watertowerwood.blogspot.com/

Homebuilding and Renovating Award

http://www.homebuilding.co.uk/awards/self-builds?dm_i=8R7,KFSM,VIMEE,1NSS2,1

This site takes you to the Homebuilding and Renovating awards page for self build 2011. We are listed and there is a short video showcasing all the entries. Take a look and please vote for us if you think our house worthy. We already won Scottish Designer House of the year back in May but this award is UK wide and it would be nice to see Scotland making a mark.

Here are more photos of the house and the ever changing garden.


Our Chilli Cupboard - named after the Chill Pepper handles on the doors.

The Livingroom looking at its best. Its not so tidy at the moment

Cystic Fibrosis Starlight Wish

Not a lot to do with a woodland but who cares...... Download this track, its just great.

Gail Hall posted in Cheshire East Parents & Carers Voice.

Gail Hall 12:18am Oct 6 Hope you don't mind me gatecrashing your forum with this message for a good cause: I am writing to ask if you will help grant Bianca's Starlight Wish to become a recording artist. Bianca suffers from cystic fibrosis a lifelong and life shortening illness. Despite this she is determined to hold on to her dream and become a pop star. How can you help Starlight grant Bianca's Starlight Wish? Starlight needs approximately 5,000 people to download Bianca's debut single 'Hold On To Your Dreams' for her to get into the charts. If we can get her into the charts, our hope is that a record label will take notice. You can listen to her single and download it here: iTunes - http://tinyurl.com/hotyd1 Amazon - http://tinyurl.com/hotyd2 You can help grant Bianca's Starlight Wish by downloading her début single and asking your friends and colleagues to do the same. To have maximum impact we need everyone to do this now please. Why might you consider helping? Quite simply Bianca is an amazing singer and it is a brilliant song (she performed it this weekend at The Boodles Boxing Ball in front of 900 guests). We are hoping that 'people power' will help this lovely young lady achieve her dream by getting her into the charts. About Bianca and cystic fibrosis Bianca suffers from cystic fibrosis a lifelong and life shortening illness which requires rigorous physiotherapy, about 40 tablets every day as well as nebulisers and inhalers to try and keep her well. Like most CF sufferers during her lifetime she has spent a substantial amount of time in hospital. One of the many affects of cystic fibrosis is that breathing is very difficult because of the effects of sticky mucus in her lungs. Despite this, Bianca is determined to become a pop star and we would like to make her Starlight Wish come true. Sadly there is currently no cure for CF. If you would consider helping to grant Bianca's Starlight Wish that would be much appreciated. Many thanks Neil Neil Swan Chief Executive Officer Starlight Children's Foundation iTunes - Music - Hold On To Your Dreams - Single by Bianca Nicholas itunes.apple.com Preview songs from Hold On To Your Dreams - Single by Bianca Nicholas on the iTunes Store. Preview,

Woodland Management Strategy

https://planning-applications.midlothian.gov.uk/OnlinePlanning/files/915E251D0802C99E58832C994F4EBFFA/pdf/document-62735.pdf

I found this whilst browsing the local council tree permissions on line. It gives a very interesting perspective on the vagaries of managing woodlands. I can understand it - but not being an expert it tells me I still have a lot to learn.

Looking at the water tower woodland today in the drizzling rain the trees planted last year on the top of the bank (6 Gean or native cherry) and the Alder on the steep slope just below the Gean are all doing very well. There's lots of other smaller understorey planting but these trees are looking so good I'm minded to plant more. I think a line of the Alder directly behind the Gean would look good and eventually prove a graded back drop set against the mature trees behind - Beech, Yew, Elm and the wonderful Hornbeam. Oh and the Lime and the Sycamore nearest the corner of the house.
I still have 1 spindly and top growth only Cherry to fell but I'll have to wait until someone can see their foothold. Its too big a tree for me to fell. There's also a fair sized Elm which has died back this year. Dutch Elm disease everyone tells me. Cameron said to lop it because the "thing" that causes Dutch Elm flies at a certain height and if you keep the Elms coppiced then they don't get the disease.
I'll look into that a little more before making any decision. I do like Elm in the Spring and even although the get DED they seem to recover each year? One for some internet research - unless anyone else out there has any advice to offer?

Post to susangoldwyre@yahoo.co.uk

Blog Comment

Today I noted a really lovely comment on the blog site. I tried to respond via the comments link but I just kept getting failure messages. Others have told me they have difficulty registering comments as well.

Here is the comment that was posted by another blogger;

Areas like this must be conserved to protect their beauty for the future. The wealth of links to the past abound and deserve to be treated with respect. And they are, on the whole. But that does not mean standing still, locked in a time capsule that doesn't allow for growth. Nor does it mean any progress should be a pastiche, a vulgar representation of what once was. Worse still, a box like world of quick build, safe suburban blandness (which can be found all around).

Building a future for an area such as Eskbank deserves ingenuity, care and at times, having the courage to do something that pushes the boundary. Blending in while being unique. It's also about managing what you have responsibly.

That's why what you are creating, a small spot in the woods, is special, unique, and is bringing a vibrancy that adds a breath of air. Controversial? It would seem so. But rather controversy, not for controversy sake, than bland complacency. A passion to create opposed to a pattern of recreate.

Keep conserving and creating; building a future for this area that is caring, responsible and unique. It's all our responsibility.

So thank you very much indeed to this person. It is always good to get a response to something you are passionate about and when the subject matter is controversial it makes it all the more appreciated. I do not know who this blogger is but if they would like to come and visit to see more then please e mail
susangoldwyre@yahoo.co.uk


My blog posts though are taking a bit of a back seat since I have taken on a short term contract of work. G and I have been busy though in the garden and more tree poles have been used to create raised beds at the front next to the large sycamore tree. Filled with top spoil something might grow there now and the idea is to enhance the public view of the wall leading from the tennis club entrance down to our gate. I planted some cotoneaster (or cotton Easter as my friend calls it), some berberis to match in with that planted in the Spring on the tennis club strip, and a Cotinus which has a lovely red coloured leaf and will go well with the Acer's especially in the Autumn. Lots of bulbs and some vinca, ajuga and the ever useful pachysandra.

On the planning front yet more communication from Midlothian Council was received that warranted question and debate. I read the detail of the Reporters conditions but I don't think the planners did the same. 

My advice for any conditions documented and given to you for any situation in life;
Read the question - Read the question again - Answer the question - justify your response and keep your justification to hand. Simple.

More Tree Felling

Finally completed the chain saw course - we are now Lantra trained and certified!!!

This tree was a spindly ash that was not getting any light. Its removal was approved back in May. Today I felled it myself and it fell to a prefect spot on the top of the steep bank.

Hows that. On the felling line. Spot on.

Had a bit of spare time to take out the Laurel in the cemetery garden.  

Interesting shot throught he tower

 What used to be the kitchen in the tower.

Daily Telegraph Homebuilding & Renovating Awards 2011

House RP9 has been shortlisted for the Daily Telegraph Homebuilding & Renovating Awards 2011

There are approximately 15 homes on the shortlist across all categories and  the judges will make their final decision on winners once all material has been gathered. That means more photos and journalists visiting the house. Hell it's hard keeping it tidy all the time!

An article on the house project will appear in Homebuilding & Renovating magazine and/or the Daily Telegraph’s Property section. The competition had around 100 entries this year and "the standard was reassuringly high" as quoted in our advisory letter.

Woodland Party

The sun shone for us on Saturday Sept 10th at 6pm. I think we had around 40 people at the house and Gerry cooked up a storm whilst I ran around doing champagne and chatting. I prefer my role.

Colin and I led the groups into the woodland slope. Some people sensibly brought walking sticks. All hailing from Eskbank, they saw the steps into the woodland for the first time and I gather everyone was impressed. The steps are truly magical and take you along the lower slope to vantage points to see the river. Then up the steep slope on a winding series of steps probably equivalent to the height and incline of the water tower stair. There's no chance we will get out of condition as long as we live here.

Everyone brought plants, bulbs or seeds for the woodland and I spent Sunday putting them all into appropriate places. The idea was to plant them on Saturday night but the light was against us as well as the champagne. Many thanks to all - I have;

daffodils
lillium martagon seeds
toad lily plants
cyclamen - pink and white
ajuga
white honesty seeds
holly
a xmas tree
beech hedging
a cherry tree - native variety
silver leafed something - can't remember name
hellebore
vinca

all very good in woodlands - excellent.

Colin, Cameron, Ralph, Tom, Gillian, Dougie and Lorraine.

Me, George, Maggie, Kathleen, Sue.

Rosie, Nancy and Susan.


It was a great night with the buzz of conversation all around.

Text Copy of Planning Decision Notice

Here is a text copy of the planning decision notice for RP9 in water tower wood. Tonight we have 30 local folks round to the house and woodland for a party and an opportunity to walk the woodland. I'm hoping the weather stays dry. We have made some signs for the areas accessed in the woods such as "The Royal Niall" so named because Niall Cassidy helped to create these steps. We also have Micks Bridge and Susies Steps. Mini Springfield Mill is another fun one for the miniature creation of this woodland wonderland in Polton. I'm sure we will have more in due course.

What about the report though? I thought it was very fair and balanced and maybe indicated that the planning folks in Midlothian should have been more up to speed with some issues. I read between the lines regarding whether or not some of the items need to be applied for in the first place. I'm pretty sure that the steps and the path works would never need to have been applied for at all. These items served to create nothing more than "noise" and potential to open up a can of worms for any conservation area garden development.

The dismissal of RP9 in such short and simple terms brought light to my life. At last we have a sensible appreciation of the policy. For the house build RP9 might have held more weight, but for the fence and sitooterie/store it was a simple assessment. I'm sure Kingsley will be pleased to have his position justified as well.

Long lenses were noted as used by some in submitting photographs. I'm glad Mr Culshaw made this point because the audacity of representors (5 people turned up for the site visit) to thrust a photogrpah under his nose that was 2 years old or more, taken in winter and when the site was a building site had me biting my tongue to say more to the owner of the photo. It was clearly taken with a "long lens". The lengths that some people went to were incredible, one person even asked Mr Culshaw if he would investigate Mr Goldwyre though the internet as part of this planning appeal! Hence some of my recent references to the validity of internet information. Trawling the internet a local chap posted photographs of the tower and other buildings stating that the restaurant is in the tower. I have written to him to get that changed. I have even found reference to water tower restaurant in USA stating that it is owned by Goldwyre with a substantial turn over and employing 25 staff. Well that's just so true isn't it. That same person also thrust a brown envelope into Mr Culshaws hands!!!!! well OK it was a white envelope. In some circles that could be taken as potential for bribery.

I'm sure we are not out of the woods yet with more complaints likley to wing there way to Midlothian House. We have a stage 2 complaint in the system ourselves so I guess relationships will be less than warm. Right now though the sun is shining and we have a big party to cater for. Planned some 6 weeks ago now and timed to perfection with the DPEA result. I'll just nip across the road to the restaurant house for the crockery and cutlery - some chairs - some cooking utensils - bits and bobs. Its fun having more than one abode to store things.

One final note. Gerry.....well you would think he was really interested in the nuances of all this planning stuff but no - Gerry was just so pleased about the comment on the castellations for the fence. He strongly disagreed with Kingsley's ask that these were cut off and lo and behold, the Reporter has stated that they are an interesting contemporary design feature. Nothing else mattered to Gerry and the tops stay on the fence posts with RP9 subtly marked onto the posts. And when everyone asks why we called our house RP9 what a story there is to tell.

This blog may be a liitle less exciting in the coming weeks and months......



Directorate for Planning and Environmental Appeals
Appeal Decision Notice
T: 01324 696 400
F: 01324 696 444
abcdefghijklmnopqrst
E: dpea@scotland.gsi.gov.uk

Decision by M J Culshaw, a Reporter appointed by the Scottish Ministers
•
Planning appeal reference: PPA-290-2014
•
Site address: RP9 The Water Tower, Cemetery Road, Dalkeith, EH22 3DL
•
Appeal by Mr and Mrs Gerry Goldwyre against the decision by Midlothian Council
•
Application for planning permission 10/00694/DPP dated 23 December 2010 refused by
notice dated 21 April 2011
•
The development proposed: 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)
•
Application drawings Location plan 08-21-PLAP01; Sketch showing elevation to
'sitouterie' and fencing with new beech hedge
•
Date of site visit by Reporter: 8 August 2011
Date of appeal decision: 7 September 2011

Decision
I allow the appeal and grant planning permission subject to the conditions listed at the end
of the decision notice.

Reasoning
1. An application by Mr and Mrs Goldwyre for an award of expenses against Midlothian
Council is the subject of a separate decision.

2. This application sought permission for a number of works which have taken place or which remain to be completed within the grounds of a dwelling known as RP9, The Water Tower. This is a dwelling erected on land on the opposite side of Cemetery Road Dalkeith from The Water Tower, which has itself been converted to a dwelling. It was previously associated with Cemetery Cottage (though I note that there is dispute as to the extent of the cottage’s garden) and its erection was permitted in 2008 on the site of a gazebo in that garden. This followed an earlier permission in 2006 and the sale of land by the council. I understand that a number of restrictions were placed on the land as burdens associated
with the sale. The council advise me that they are pursuing separately a number of matters in relation to those burdens. These however are not matters which are relevant to the determination of this appeal.

3. The description of development provided above is that which was given on the council’s notice of refusal of permission dated 21 April 2011. The planning application, which indicated that the works had already been carried out because the applicant had not anticipated that these matters would be classed as development and as such require a planning application, contained the following description of the work proposed:

See attached for details 1-4
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 into woodland

4. The difference between the two descriptions was the subject of correspondence between the applicants and the council and is also the subject of the claim for expenses. The application plans are not very detailed, comprising a location plan and a sketch of the ‘sitouterie’ – a store/platform with a glazed rail – and fence, and with the agreement of the council photographs were submitted rather than further drawings. I note that the location plan submitted with the appeal is differently referenced from that which is lodged on the council website as part of the planning application. The detail on the appeal plan appears to be the same as that on the application plan except that the reference numbers of
photographs have been altered to reflect the reference system of the photographs
submitted with the appeal. The matters which are the subject of the retrospective elements of the application are visible on site and I have based my considerations on the outcome of
my site inspection.

5. The determining issues in this appeal are the effect of the development on the scenic qualities of an Area of Great Landscape Value (AGLV) and on the landscape of the River
North Esk valley and its impact on the character and appearance of the Eskbank and
Ironmills Conservation Area.

6. The appeal site is located in a heavily wooded and steeply banked area which adjoins Ironmills Park which lies on the opposite side of the river. When I visited the site
trees were in full leaf and much of the site was concealed from views from the park except
from a distance of about 100m and from further away. I also viewed the site from a section
of the Glenesk Viaduct where the path on a former railway line crosses the valley. A
glimpse of the site could be obtained from that viewpoint and I note that a number of the
representations submitted to this appeal have been supported by photographs taken with
long lenses which used this vantage point. At present the house on the site, which is clad
in untreated timber, is quite prominent in the view because of its newness. As the timber
weathers I anticipate that it will recede considerably in the view, and this has clearly been a
design consideration. From these distant viewpoints the greatest prominence is gained by
the linear features of the tennis club fence and high protective coloured mesh which run
along the skyline behind the appeal site.

7. It is clear that relations between the appellants and their neighbours and other local people and organisations in some cases leave a lot to be desired. As a consequence many
areas of disagreement have been aired both by those opposing this appeal and by the appellants which are not directly related to the matters which I am appointed to determine. I have not taken these into account.

8. Following the site visit the council’s representative wrote drawing my attention to additional matters relating to a path which was seen at the site inspection but which they
say was not part of the application or appeal. I have restricted my consideration in this
appeal to the matters which were the subject of the application which was refused
permission by the council, and I have not dealt with any other matters. Whether or not
other actions have taken which either breach the burdens on the site or breach planning
control is outside my remit and must be pursued separately if those involved find it
necessary.

9. The council have referred to a number of policies of the Midlothian Local Plan.
Policy RP6 says that development will not be permitted where it may adversely affect the
special scenic qualities and integrity of AGLVs. Policy RP7 similarly aims to protect the
quality of the local landscape. Policy RP9 requires that development within the river valleys
has a specific locational need. Policy RP20 aims to resist development within built up
areas where it is likely to detract materially from the existing character or amenity of the
area. The site lies within the Eskbank and Ironmills Conservation Area and Policy RP22
aims to protect the character and appearance of conservation areas from adverse effects of
development.

10. One of the representations received in relation to the appeal expressed surprise that
certain of the matters dealt with in this appeal were considered by the council to constitute
development requiring planning permission. Although the appellants expressed similar
surprise they did not in their appeal question the council’s judgement in this respect and I
have dealt with the appeal which is before me. It seems to me that the granting of planning
permission for a dwelling on this site has resulted in the need for changes to the curtilage of
the property to make it more convenient for use. Although the council have not produced
the planning permission for the dwelling (ref 08/00541/FUL) they have not alleged any
breach of the conditions of that permission. A number of representations refer to the
unkempt appearance of this site before development took place. All of the works which are
the subject of this appeal are in my opinion works of a type which might reasonably have
been expected as part of the development of a garden associated with a dwelling in a
woodland area. The issue is whether they have been carried out in a manner which
conflicts with the council’s policies.

11. I deal first with what is variously described as the store/platform/decking. The report
of the officers to the Committee described this structure as sited outwith the red line
boundary of the host dwelling as it was described by the planning permission, but it was
said to be on land immediately adjacent to the dwelling house boundary and not separated
from the dwelling by any natural or manmade feature. It was said to be within the area that
was described in the report submitted to the Planning Committee in respect of the 2006
application for the house as having been “clearly used in association with the gazebo and
would form part of the extended garden space to the new house” (the italics are those used
in the Committee report). Thus although the structure was described in the council’s appeal
statement as being in an area of the woodland which was not previously developed, it is in
an area where earlier reports accepted by the Committee had anticipated garden use and I
agree with the officer’s report that its location is justified by its association with the dwelling
within part of the previously recognised curtilage. Neighbouring residents have argued that
the garden ground of Cemetery Cottage was much smaller, bur whether or not that is
correct the granting of planning permission for the present dwelling altered the situation.
The structure comprises a platform with a storage space under and is clad in untreated
timber with a clear toughened glass balustrade. Like the house I anticipate that it will soon
weather and become less evidently new, and its appearance will be softened by planting.
There is dispute as to whether it is higher than the outdoor seating area which preceded it
but even at present I do not agree with the council that it harms the scenic qualities of the
AGLV or the landscape of the valley. It is only seen from distant and fairly narrow
viewpoints. Although the council says that it is more significantly visible from the park when
the platform is in use or when it contains garden furniture, I very much doubt that with the
distances involved these factors would make much difference. I accept that when leaves
are not on the trees the site will be more exposed, but not, in my judgement, to an
unacceptable degree, and certainly less so than the obtrusive tennis club boundary against
which background it will be seen.

12. The boundary fence which is the subject of this appeal separates the property
from the end of Cemetery Road and runs alongside the path down to the valley
approximately as far as a wooden pylon. Its height is appropriate in providing privacy for
the occupiers of the dwelling, and is a reasonable requirement. A bin store behind the
fence and constructed of the same materials did not form part of the application until
included in the description by the council, but in any event is not visible from outside the
site. Suggestions in representations that it is larger than necessary for the storage of bins
may or may not be correct, but it could not be used for any purposes other than those
ancillary to the occupation of the dwelling without further planning permission. The fence
also incorporates a pedestrian gate and a larger vehicular gate also constructed in the
same material which blend in to the appearance of the fence. The description by the
council of the fence as castellated might give the impression that it is intended to give the
appearance of a castle. In fact the fence consists of sections of vertical boarding
interspersed with pairs of boards which project slightly (about 300mm) higher. This is an
unusual design feature for a boundary fence which adds variety and reflects the
contemporary nature of the house design. I do not find that it adversely affects the
appearance of its surroundings. At the time the report to Committee was written the
applicant had proposed planting a beech hedge adjacent to the fence to soften its
appearance. By the time of my site visit that hedge had been planted but had been
reduced to a single plant as a result, I was told, of thefts of the new plants. Despite this I
consider that the planting of a hedge, perhaps with some temporary protection, is an
appropriate course of action and I have imposed a condition to this effect. Its trimming from
time to time will prevent it from obstructing the path as one objector suggests. However I do
not accept the view of the council that the fact that no hedge can be planted in front of the
gates will harm the character of the conservation area.

13. A path within the garden of the dwelling runs along the steep slope of the land and
safety measures to prevent it eroding have been carried out – I understand the erosion
results from run-off from the neighbouring tennis club. These works are one of the subjects
of the dispute between the council and the appellants over the alteration to the description
of the development. The appellants in their response to the council’s appeal statement say
that the path was broadened by 500mm and the method chosen was to put a board along
the line of the path, supported by a triangulation between two existing tree trunks. As I
understand it, it is this path widening which is described by the council as bank stabilisation
and by the appellants as works to prevent erosion. The works comprise some widening of
the path and strengthening with timber triangulated as described at a point where the bank
had dropped away. A screen for these works which has the appearance of shuttering is
visible from some parts of Ironmills Park but is constructed in similar untreated timber to the
house and will soon blend in. A wooden handrail provided both here and for a section of
the lower path which provides woodland access, presumably for safety reasons, might also
be discernible from parts of the park, but is equally unobjectionable. The council’s officers
advised that the works had been sympathetically carried out and would have no discernable
adverse impact on the landscape character of the area, and I agree. The council’s
statement also raised objection to the appearance of a concrete slab path close to the
house running from there to the bin store and indicates that in a conservation area higher
standards would have been expected. It similarly objects to the same materials being used
for the steps to the raised deck. These are plain concrete paving slabs and are not
discernible from outside the site. The appellants claim that these matters have been raised
at a late stage by the council and were not originally objected to. One representation says
that the paved path has already been approved. Whether or not that is the case they are
clearly present on the site, but the council have not explained in what way they are
considered inappropriate or what harm they cause and in my view they cause none.

14. The one part of the application which was not retrospective relates to a continuation
of the woodland path to the western boundary, and is shown on the location plan. Provided
this path is sympathetically constructed I see no objection to its continuation on the line
proposed. It will enable access to other areas of woodland for maintenance purposes.

15. The council have referred to the requirement of Policy RP9 that development within
the river valley protection areas of the North Esk, South Esk and Tyne rivers should have a
specific locational need. Since all these works are associated with a dwelling permitted by
the council within the protected area it is difficult to see how the need for them could be
more locationally specific. They clearly could not be carried out anywhere else. The policy
further requires that locationally necessary development should not adversely impact on the
landscape or conservation value of the valleys and I have concluded that it does not. It also
requires that it should not impede potential public access opportunities, but since no public
right of way is claimed and this is a dwelling curtilage where rights of access under the
Land Reform Act 2003 do not apply no such opportunities exist, whatever may have been
the case before the dwelling was built.

16. The appeal site does not lie within the AGLV, the closest part being in Ironmills Park,
but I accept that views from within the AGLV can be affected by development outwith its
boundary. The AGLV is clearly an attractive area, as is the wider area covered by RP9.
However I do not consider this development harmful to any degree which would merit the
refusal of planning permission and neither Policies RP6 nor RP7 are contravened. I do not
consider the minor matters dealt with in this appeal either individually or collectively harm
the Eskbank and Ironmills Conservation Area, the character and appearance of which
would be preserved, nor do they detract from the character and amenity of the built up area.
There is therefore no conflict with Policies RP20 or RP22

17. I have given careful consideration to the many representations submitted by local
people and organisations in respect of both the application and the appeal. The Eskbank
Amenity Society clearly consider that past decisions of the council have led to an
unsatisfactory situation but those decisions are in the past. A number of their complaints
relate to matters such as the spreading of bark chippings, the siting of garden features and
the creation of other paths and steps which are not the subject of this appeal and therefore
outside my remit.

18. There have been a number of references to tree felling which had taken place at the
site. I note the appellants’ explanations of this, but since it is not the subject of this appeal I
have reached no conclusion. There have also been allegations that the decking is used for
purposes connected with the appellants’ business and advertised as such on their website.
If there is a breach of planning control in this respect it is for the council to deal with it using
their planning powers, and similarly I make no comment.

19. I have concluded that the relatively modest matters dealt with in this appeal both in
terms of the retention of works already completed and the proposed woodland path
extension do not harm the scenic qualities of the AGLV or the landscape of the River North
Esk valley. The character and appearance of the Eskbank and Ironmills Conservation Area
would be preserved. In reaching these conclusions I have taken into account all
representations, but none of them has been sufficiently compelling to alter my findings.

20. The council have suggested three conditions which should be applied if I grant
planning permission. For the reasons given above I do not agree with them that the
castellations on the fence need to be removed. The proposed condition relating to the use
of the raised timber deck is unnecessary in light of the guidance in Circular 4/1998 since
use other than for purposes incidental to the enjoyment of the dwelling would be likely to
require planning permission. The proposed condition in relation to the extension of the
woodland path is in my view unnecessarily restrictive in ruling out any timber decking or
boards, which might be necessary for safety reasons in some circumstances. Instead I
have required details of the construction and surfacing to be submitted for the approval of
the planning authority. The suggested condition also says that the path should be used
only for woodland access and for no other purpose without any explanation of what other
harmful use the council fear it might be put to. While some representations have expressed
concern that a path might be created to the river it is not clear to me what harm that might
cause and thus what planning purpose the condition would serve. Fears that it might
contravene the burdens on the land should be dealt with through the enforcement of those
burdens where appropriate. I have therefore omitted this part of the suggested condition.
M J Culshaw
Reporter

Conditions
1. Within 3 months of the date of this decision a beech hedge shall be planted outside
the front boundary fence at a density of 5 plants per linear metre in a staggered row, and
once matured shall be maintained at a minimum height of 1.5 metres. Details of any
temporary protective measures for the plants shall be submitted for the prior approval of the
planning authority. Any plants which within a period of five years are removed, dying
severely damaged or seriously diseased shall be replaced in the following planting season
by plants of a similar size and species to those planted. Reason: to secure the softening of
the appearance of the fence.

2. Details of the construction and surfacing of the extension of the woodland path to the
western boundary shall be submitted to and approved by the planning authority before any
further work commences on site. Reason: to ensure these details are appropriate to the
woodland setting of the path.

DPEA Result

This is due tomorrow 8th Sept at 9am ish.    Should be on the DPEA
site.

http://www.dpea.scotland.gov.uk/CaseDetails.aspx?T=0&so=16&id=qJ13523&ps=10&pg=9#Categories

Such an interesting result......

Tree Fellers and a Girl.

Well it has been a tough couple of days as Gerry and I signed up to learn how to use a chain saw. It is really hard work, especially as the trees that we cut down were pine with lots of side branches to cut once felled. This is called "brashing". Our first tree fell into the surrounding forest of trees and was "hung-up" calling for winches and levers to manipulate the tree off its stump.

Rather than write I'll just post these photos. Even my fingers ache this morning with the physical excercise.

All my own work....cut an "envelope" on one side using a 60 deg angle cut with a level cut underneath, marked the line around the tree and then cut through at the back to create a "hinge" for the tree to fall against. Easy!

Gerry was much better than me at the maintenance bit. Its a mans world.....

The team - tree fellers and a girl!

So what else is new in woodland world? well it takes time but finally we have created some wood piled edges to form planting areas in the woodchipped area to the West of the house. More are planned hence the chainsaw course. It still looks a little bare but with all gardening activities; its year one to settle, year two for roots and year three for shoots. Things to point out are;

1. The stag horn fern or Sumach, now on year 2, is doing really well against the glass balcony.

2. New planting of a row of grasses plus a row of hydrangea paniculata with a tree stump in front looks OK but will improve with time. The tree stump was dragged from the woodland beyond and was full of nice holes ripe for planting woodland primrose.

May as well go the whole hog this morning and upload a couple of the water tower, currently in the throws of internal renovation. A complete re plumb meaning that an access panel had to be opened into the stair well. Good opportunity to get rid of the dated rough plaster on the walls! Every cloud has a silver lining.

Currently we have plumbers, electricians, joiners and plasterers at the tower. Plus the carpet people to measure up, plus the kitchen company for same. Add in the guy that does IT stuff plus telephones and TV's and you can imagine the extent of the chaos in our life at present.

I came acrooss this ariel view of the tower - before the new house was built but after the gazebo was removed. Its interesting I think.

Any Day Now

Interesting times as I prepare for a woodland open day for local folks and have started my article for the small woodlands owners group. Still writing walks for Midlothian Advertiser as well. Now completed walk article No 5.

Gerry has been shortlisted again - sorry the house has been shortlisted again - for a design award with Homebuilding and Renovating along with the Telegraph newspaper. Just to be shortlisted is quite an achievment for a National award. Should know the result any day now. Fingers crossed.

Appeals Reporter also due any day now and thankfully no delays after the planning officer submitted a most bizarre e mail that was wide of the scope for the appeal. We did respond - briefly - and then the officer submitted even more e mail comments. Digging a deeper hole where none was required really. In the end common sense ruled from the Reporters office, although the initial bizarre e mail is still on their e site which I think is dis-proportionate. What a complex matter an appeal is. What an experience though.

I should have some updated photos soon because I have really worked hard on the woodland landscape these last few weeks. Finding all sorts of materials in the woodland and bringing them into areas to create some quirky planting schemes. A mini Springfield Mill for example. Created to look like a mini version of the woodland works at Springfiled with things such as old post and wire fencing that has been rotting away for years laid out in a small patch with a red and green ivy planted through it. A pile of moss covered pieces of brick - again similar to Springfield where industrial waste has been kept and allowed to become moss covered and then planted with ferns. A mini grass meadow edge, 1st year foxglove plants and a few small birch trees complete the scheme. Some cornflower seed and lets see how it develops. It can't last for ever and in the end I'll probably just plant a tree in the patch but for now it is a bit of fun.

In the centre of the wood chip area - now dug up after the soil has been conditioned with nitrogen fixing green manure plants - I have placed a large old dead tree trunk that Gerry and I lugged round from the very back of our woodland at 7am this morning! Being awake early and thinking about how to plant out woodland areas is becoming all to regular. Lots of ferns and woodland primrose to be planted. The tree trunk is well rotted and has holes and decaying matter that will hold some plants. With pole wood edging and paths it is all looking very magical.

Here is the Reporters office correspondance today.

Our ref: PPA-290-2014

30 August 2011

To: Susan & Gerry Goldwyre Kingsley Drinkwater Midlothian Council

TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997

PLANNING PERMISSION APPEAL: RP9, THE WATER TOWER, CEMETERY ROAD, DALKEITH, MIDLOTHIAN, EH22 3DL

The Reporter has asked me to let you know that although there have been several recent email exchanges in relation to the above appeal, he has all the information he requires. These additional emails have not been forwarded to the Reporter.

Yours sincerely

JANE ROBERTSON on behalf of Christopher Kennedy

Case Officer