Latest news with #LocalReviewBody
Daily Record
4 days ago
- Business
- Daily Record
Pavement parking ban helps Prestwick store overturn council decision
The Keystore in Adamton Road North, Prestwick, argued that there is no need for bollards to stop pavement parking now that new law is in place. The new ban on pavement parking in South Ayrshire has resulted in an unanticipated change of heart from councillors. Last year, South Ayrshire Council's Local Review Body approved a plan for a Prestwick store to introduce a hot food takeaway to its premises. The application for the Keystore in Adamton Road had originally been refused by planners, with the issue of traffic and increased usage of the shop among the reasons given. That was overturned on the condition, recommended by Ayrshire Roads Alliance, that the shop owners agreed mitigation measures to prevent pavement parking, including the installation of bollards. However, that promise was never met and the owners took the decision to appeal the outcome of the appeal. Part of their argument for removing the condition around parking was the introduction of the pavement parking ban and the irony that mitigations, such as bollards, would narrow the pavement, causing access issues to the public, particularly wheelchair users and the visually impaired – one of the reasons for bringing in the ban in the first place. Planning officer James Hall told the Local Review Body that the owners had pointed out that the hot food element only made up five per cent of the goods sold, there was little community objection or evidence of problems, and that it would impact accessibility to a neighbouring hairdresser. They also said that they felt the cost of implementing mitigation measures, such as bollards, would be too high for them and that the requirement could become a precedent for other small retailers. Some councillors took the issue of the pavement parking ban one step further, questioning why, having introduced a ban, the council would be putting the onus on a business to deter the practice. Conservative councillor Martin Kilbride said: 'I do understand a year ago why there was talk of bollards, because it was to make sure that the cars weren't parking on the footpath, to allow access for pedestrians to safely get from A to B. 'We've now got a pavement parking ban in place.' He said there was evidence that the ban was being adhered to, putting a further question to the need for the condition. 'So, the pavement parking ban has worked. The reason for the bollards was to keep the footpath open for people in wheelchairs and with disabilities.' He was backed by Conservative colleague Lee Lyons, who said: 'What we are effectively doing is taking an already narrow path and making it narrower to prevent someone potentially parking on the pavement, when we have just brought in a new pavement parking ban. 'So we are effectively got a policy that you can't park on the pavement, but we are asking someone to put in bollards to basically enforce a law. 'I don't see why we're doing both. Either the law in itself is sufficient and should be policed or it's not and we have to build a fence by the side of the road.' He called on the committee to approve the request to scrap the condition as a result. Other councillors took issue with the fact that Ayrshire Roads Alliance had maintained their stance despite the change in the law, did not attend Tuesday's hearing to answer councillors' questions and had simply not answered when asked for comment ahead of the meeting. Councillor Mark Dixon wanted to defer a decision in order to get answers from ARA, after the summer recess and was backed by Labour member Ian Cavana. The motion to approve the request to remove the condition was agreed by three votes to two.
Edinburgh Reporter
5 days ago
- Business
- Edinburgh Reporter
Midlothian mosque wins flat appeal
The owners of a Midlothian mosque have won their fight to turn it into flats after a change in attendance patterns following the Covid pandemic. The Jafaria Foundation had applied for a change of use for the mosque, which occupies the first floor of a building on Dalkeith's Easthouses Road, into private dwellings. However Midlothian Council planners rejected the proposal for the building which is above a hot food takeaway and workshop amid concern new tenants would complain about the businesses below. A meeting of the council's Local Review Body today overturned the decision saying the flats would make a good addition to the street but they urged developers to ensure that neighbouring businesses are mentioned in marketing material in the future. Councillor Willie McEwan told the review body that his concern would be that despite it being obvious that the flats were above a takeaway with a workshop underneath and a miners welfare club across the road, complaints would come back to council. He said: 'Although it is pretty clear the environment these homes are in, it would be good to have a statement in the missives clarifying that there is a fast food shop and licensed club across the road so there is an environmental impact on where they are living.' Councillors were told that they were not able to enforce a condition ensuring people moving into the properties were aware of the surroundings but could pass on their request that it is highlighted when the flats are marketed to the developers. Applying for permission to create the flats, agents for the Foundation said: 'Following changes to attendance pattens after the Covid pandemic the Jafaria Foundation are no longer able to continue with sustainable use of 43 Easthouses Road as a mosque and have, therefore, considered alternative viable options to ensure the buildings continued use, rather than leaving it to fall into disrepair. 'Use of the building as a commercial, community or retail operation have been considered discounted due to varying reasons' Councillor Connor McManus, on the review body, moved a motion supporting their appeal telling fellow councillors 'I quite likes this development, it is making use of an underused space.' The review body unanimously supported the appeal granting permission for the flats. By Marie Sharp Local Democracy Reporter Like this: Like Related
Edinburgh Live
5 days ago
- Business
- Edinburgh Live
Midlothian mosque wins appeal over plans to turn it into flats
Our community members are treated to special offers, promotions and adverts from us and our partners. You can check out at any time. More info The owners of a Midlothian mosque have won their fight to turn it into flats after a change in attendance patterns following the Covid pandemic. The Jafaria Foundation had applied for a change of use for the mosque, which occupies the first floor of a building on Dalkeith's Easthouses Road, into private dwellings. However Midlothian Council planners rejected the proposal for the building which is above a hot food takeaway and workshop amid concern new tenants would complain about the businesses below. A meeting of the council's Local Review Body today overturned the decision saying the flats would make a good addition to the street but they urged developers to ensure that neighbouring businesses are mentioned in marketing material in the future. Councillor Willie McEwan told the review body that his concern would be that despite it being obvious that the flats were above a takeaway with a workshop underneath and a miners welfare club across the road, complaints would come back to council. He said: "Although it is pretty clear the environment these homes are in, it would be good to have a statement in the missives clarifying that there is a fast food shop and licensed club across the road so there is an environmental impact on where they are living." Councillors were told that they were not able to enforce a condition ensuring people moving into the properties were aware of the surroundings but could pass on their request that it is highlighted when the flats are marketed to the developers. Applying for permission to create the flats, agents for the Foundation said: 'Following changes to attendance pattens after the Covid pandemic the Jafaria Foundation are no longer able to continue with sustainable use of 43 Easthouses Road as a mosque and have, therefore, considered alternative viable options to ensure the buildings continued use, rather than leaving it to fall into disrepair. 'Use of the building as a commercial, community or retail operation have been considered discounted due to varying reasons' Councillor Connor McManus, on the review body, moved a motion supporting their appeal telling fellow councillors "I quite likes this development, it is making use of an underused space." The review body unanimously supported the appeal granting permission for the flats. Join Edinburgh Live's Whatsapp Community hereand get the latest news sent straight to your messages.
Edinburgh Reporter
19-06-2025
- General
- Edinburgh Reporter
Last chance appeal over dream house cancelled at 11th hour
A last chance appeal by a woman to turn a former bank into a dream home has been cancelled at the 11th hour over an administrative error. Pat Sharp has been fighting to have the former hall, in North Berwick, turned into a retirement home for her and her husband Nigel for eight years after buying it for more than double the asking price. However East Lothian Council's planners have repeatedly rejected applications for the change of use insisting the building has to remain a commercial building in the seaside town centre. Last week Mrs Sharp spoke out publicly for the first time about her fight and heartbreak that her husband, who has Parkinson's Disease, is no longer able to move in. And she said she had no idea what would happen if her latest attempt get permission to convert the building into a house failed at the Local Review Body meeting, scheduled to take place this morning. She said: 'If this fails I don't know what we will do. I spend £100 a month maintaining the gardens of the property and we have invested a lot to maintain and bring the hall itself into a maintained state but I can't go on with it forever.' Mrs Sharp and her husband bought the former bank hall seven years ago for £555,555 with the hope of retiring to the town. The couple had precious memories of time with their granddaughters at the seaside resort after losing their daughter Cheryl to cancer when the girls were very young. Former managing director Nigel, 78, was diagnosed with Parkinson's following his retirement and the hope had been that the house would give him the chance to live in an adapted home in the place they loved. Sadly Nigel is now in full time care and will never be able to live in the house, if it is every approved. Pat said: 'Nigel has been robbed of the chance to spend his final years in what we wanted to be our dream home, looking out over the North Berwick coast and remembering all our wonderful times here. it is devastating.' The Local Review Body was due to meeting this morning to hear the appeal against the latest decision by planners to refuse permission for the change of use of the hall. However late yesterday the council confirmed the meeting had been delayed and would now be held once elected members return from their summer holidays. A spokesperson for East Lothian Council said: 'One of the interested parties was accidentally omitted from our notification process so was not informed of the appeal in time for it to be heard at the Local Review Body meeting on Thursday 19 June. It will be heard at the next available meeting in August. The applicant's agent, interested parties and consultees have all been contacted.' By Marie Sharp Local Democracy Reporter Like this: Like Related
Edinburgh Reporter
19-06-2025
- Business
- Edinburgh Reporter
Councillors reject holiday cabins for second time
Plans to create a holiday site on the fringe of the Pentland Hills have been thrown out for a second time this year Lucy Crombie lodged an application to build 20 wooden holiday lodges on a site known as the Paddocks. The area of open countryside borders Leyden Road, a narrow, winding rural road bounded by open farmland and woodlands which climbs from Kirknewton up to the main A70 road which skirts the Pentland Hills regional park. The same application was rejected by the Development Management Committee in January last year and an appeal later dismissed by the Local Review Body. One objector called for the council to refuse to decide on the latest filing of the proposals saying they had not changed since the council rejected the same plans last year. And a lawyer suggested the proposal may have come back 'to wear down' resistance. Planning officers said the applicant had now supplied supplementary reports which validated councillors hearing the plans again. The latest application attracted 22 objections including one from the local community council and a neighbour Juliet Bentley who lives in the B- listed Ormiston Castle immediately adjacent to the site. Ewan MacLeod of legal firm Shepherd and Wedderburn, acting as agents for Ms Bentley told councillors: 'Both we and our client are surprised that the application has been made to the council. It is identical in all material respects to [the previous] application. 'The application has clearly been submitted within the 5-year window and there has been no change in the development plan or in any other material consideration. The council must therefore consider whether to exercise its discretion to refuse to determine the application.' In its written objection the firm said, ' [the] applicant's failure to address the well-founded planning issues raised by local residents and the council's reasons for refusal, we submit that it would be irrational for the council to determine the application.' Mr MacLeod said that if the application was refused ' the applicant can appeal to Scottish ministers and an unelected Scottish Government official can then take a decision which may overturn the democratic will of this committee… If you decline to determine the application the applicant has no appeal.' He said such a decision would also save the council the expenses of defending its decision at an appeal. An agent for the applicant denied planner's criticism of the proposals being 'too urban' in appearance, saying that the cabins on the site occupied less than a third of the area. Suggestions that the site would be too visible on the landscape were also questioned. He added that his client was prepared to explore road widening and passing spaces outlined in concerns highlighted by the planners. Planners outlined their objections stating: 'The proposals for the holiday chalets at this location would create a sense of urbanisation within a countryside setting. The Roads Officer would require works to be undertaken in order to improve road safety, including access works, road widening works at five points on the public road and application of a speed limit, to support the proposals. 'Mitigation measures can potentially address road safety concerns (although it is unclear if this will require agreement with third party landowners in respect of road widening works)' Councillor Damian Doran-Timson asked planning officers what had changed in the plans since they were rejected by the LRB in August last year. Planning officer Gillian Cyphus said there had been a lack of information when the proposals had gone to the review body; the slight change now was that drainage reports had been made available. That was why planners had recommended the proposals come before councillors for determination, with the recommendation for refusal. Councillor Pauline Clark said: 'I think we should be encouraging tourists to come here. However, I do think access is a big problem. I think the lack of being able to walk to the train station is a problem. I don't know if paths are something that could be sorted. It's major stumbling block She defended the planning appeal procedures of the Scottish Government as democratic. Councillor Doran-Timson agreed with her objections: He said ' We need to do more for tourism and economic development has been a failure, but I think the amount of non-conformities we have with the application, not just the paths there's a number of different issues that have me going toward officers' recommendations.' He added: 'Unlike Councillor Clark I share Mr MacLeods concerns about the Scottish Reporter overturns in recent years in West Lothian.' Councillor Pauline Stafford said she had concerns about families with children walking the main road to Kirknewton. 'The nature of the site would encourage people to drive to and from it,' she added. Councillor Willie Boyle said: 'My concern is that this looks like a caravan holiday park rather than holiday cabins you see in rural areas.I think the design is wrong. Councillor Doran Timson's motion to refuse planning permission was backed by Willie Boyle. By Stuart Sommerville, Local Democracy Reporter Like this: Like Related
