Directorate for Planning and Environmental Appeals
Our ref: PPA-290-2025
6 May 2015
PLANNING PERMISSION APPEAL: MOUNT LOTHIAN MOSS PENICUIK
Please see enclosed agendas for the hearing sessions in connection with the above.
The Reporter would like to thank the parties for the submission of their hearing statements, documents and attempting to agree matters where possible. There are a few points the Reporter would like to draw to the parties’ attention:
1) Venue – The Craigiebield House Hotel, 50 Bog Road, Penicuik, EH26 9BZ, has been booked as the venue for the hearing sessions on 12 and 13 May 2015, commencing at 10:00 am. Parties should note that refreshment facilities will not be available at the hotel and that the parties will need to make their own arrangements.
2) Site visit – The Reporter is happy with the agreed site visit itinerary.
3) Hearing format – The Reporter would draw the attention of those parties unfamiliar with the hearing format to the note of the pre-examination meeting. At a hearing, parties do not present a case, call witnesses or cross examine. Instead, the parties answer questions directed at them by the Reporter or comment on the answers given by the other parties present. When the Reporter is satisfied that he has the information he was seeking, the Reporter will move onto the next item of the agenda.
4) Participating parties – The Reporter assumes that the parties participating at the hearing sessions are: the appellant; Midlothian Council; Penicuik Environment Protection Association (combined with Louisa Harris); Ms Hazel Brown, Councillor De Vink and Heriot Community Council (represented by John Campbell QC); and Mr Hudson & Mrs Stewart.
As the Reporter has not received any other hearing statements he assumes that the other parties that indicated that they wanted to participate are content for their views to be represented by those attending or have reached agreement.
5) Section 48(7) determination and Freedom of Information requests – The Reporter’s position regarding the Section 48(7) legal submission is as explained at the pre-examination meeting and confirmed in the note of the pre-examination meeting. The Reporter has no authority to make a determination under Section 48(7) of the Planning Acts and cannot be expected to provide reasons for a decision he is not allowed to make. Any further submissions relating to the Section 48(7) determination that has been made by Scottish Ministers should be directed to the Planning and Architecture Division of the Scottish Government in the first instance.
The Scottish Government has received two freedom of information requests relating to the legal advice received by the Reporter in relation to the Section 48(7) determination. Freedom of Information legislation provides for a separate process for such requests, including the right to reviews. The Reporter does not envisage any need for such requests to be discussed at the hearing session.
6) Further submissions – Now that the agendas for the hearing sessions have been circulated the submission of further information is unhelpful. There will be an opportunity during the hearing sessions to discuss whether any further information is necessary.
I trust this information is clear. Please do not hesitate to contact me if you require any further information.
Yours sincerely
Liz Kerr
LIZ KERR
Case Officer
Directorate for Planning and Environmental Appeals
4 The Courtyard, CallendarBusinessPark, Falkirk, FK1 1XRDX 557005 Falkirk
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