IT AIN'T OVER TILL IT'S OVER

 HISTORY REPEATING ITSELF AS FARCE ON EAST SCOTLAND STREET LANE 

The latest planning application for the lockup / flat / AirBnB / Class 2 office / lockup on East Scotland Street Lane has been refused (Ref. 18/03340/FUL). 

The owner wanted to convert it to Class 4 business use (i.e. without detriment to amenity in a residential area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust, or grit). Seven locals objected. 

Officials refused permission because, ‘The proposal is contrary to the Edinburgh Local Development Plan Policy Hou 7 in respect of Inappropriate Uses in Residential Areas, as the Class 4 use would have a materially detrimental impact on residential amenity by the introduction of a commercial use, thereby intensifying the non-residential elements contained within the immediate vicinity.’ 

This is not the first time Planning, residents, and the building’s owner(s) have disagreed over appropriate use of the premises. (The previous latest twist was in March 2018, Issue 271.)

A brief summary, drawn from the Council’s own report, is given below. On past evidence, we confidently predict that this will not be the end of the matter.

Planning

  • 07 June 2012 – Planning permission granted in retrospect to erect a single garage (replacing existing timber garage structure) (application reference: 12/01543/FUL).
  • 15 August 2013 – Change of use to form residential studio flat. Refused (application reference: 13/1863/FUL).
  • 19 December 2013 – Appeal against refusal for a change of use to form residential studio flat accommodation. Dismissed (application reference:13/00091/REF).
  • 11 June 2014 – Planning permission refused for change of use from domestic garage to office accommodation (application reference: 14/1419/FUL).
  • 20 August 2014 – Appeal to Local Review Body against refusal for proposed change of use from domestic garage to office accommodation. Decision to refuse Upheld.
  • 5 February 2015 – Proposed change of use of domestic lockup to form studio office accommodation. Declined to determine, as it was regarded that the primacy of the local plan amenity policies of the previous refusal had not changed and taking this and the use on its own merits, no new material issues had arisen since the last decision (application reference: 15/00147/FUL).
  • 8 June 2015 – Planning permission refused for a proposed change of use of domestic lock up garage to form studio office accommodation (reference: 15/00700/FUL).
  • 10 December 2015 – Appeal against refusal for a change of use to form residential studio office accommodation under 15/00700/FUL dismissed (appeal reference: PPA- 230-2154).

Nearby Site

  • 8 East Scotland Street Lane (rear of 3 Bellevue Crescent) – Permission granted to change the use of a lock up garage to studio office accommodation. Approved 27 March 2013 (Application reference 12/03242/FUL).

Enforcement

  • 13 June 2012 – Enforcement investigation into the unauthorised demolition and re- building of a garage closed (reference: 12/00023/ECOU).
    11 September 2012 – Enforcement investigation received in relation to the alleged non- compliance with the approved drawings (reference: 12/00577/ENCOMP). An enforcement notice was served in relation to non-compliance with the planning permission.
  • 17 December 2013 – Enforcement investigation into the alleged residential use of a garage and non-use of glass blocks as required by condition closed (reference: 13/00636/ECOU).
  • 12 March 2014 – Appeal dismissed in relation to the notice served in connection with non-compliance with the approved drawings relating to the garage investigated under 12/00577/ENCOMP above (reference: ENA-230-2081).
  • 30 October 2015 – Enforcement investigation into the alleged non-compliance with the approved drawings in relation to the erection of a garage and the materials used closed (reference: 14/00665/ECOU).
  • 30 October 2015 – Enforcement investigation into the alleged non-compliance with the approved drawings in relation to the erection of a garage and the materials used closed (reference: 14/00742/ENCOMP). The report concluded that the garage as constructed was an acceptable development which did not have a detrimental impact on the character and appearance of the New Town Conservation Area.
  • 26 January 2018 – Enforcement notice and direct action carried out into the alleged unauthorised use of the garage as a Class 4 Business Use and/or a Class 9 Residential Studio (reference: 16/00547/ECOU). 

Nearby Sites

  • 23 October 2014 – Enforcement investigation into the alleged business use of a garage at 4 East Scotland Street Lane closed (reference: 14/00617/ECOU).
  • 24 February 2016 – Enforcement investigation into the alleged use of a studio/office for residential purposes at 8 East Scotland Street Lane closed (reference: 14/00590/ECOU).

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East Scotland Street Lane
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