A Scottish Government Reporter appointed to consider the Eyre Place planning application has dismissed the developer’s appeal and refused planning permission.
Nearly 400 objections to the planning application 22/0384/FUL (Student Accommodation) 72-74 Eyre Place were received from residents. The residents were largely concerned with the overall scale of the development, its overbearing presence blocking natural light for neighbours, and dense accommodation which would overburden local infrastructure and amenities.
Many local residents, therefore, felt the proposal was not compatible with the character of the area in terms of use or design and could also increase noise and disturbance due to plans that the top storey of the flats would be dedicated to ‘entertainment’ and karaoke booths.
On 11 January 2023, it was unanimously agreed by The City of Edinburgh Council’s Planning and Development Management Sub-Committee that a hearing would be held, so that local residents and developers could make their case in the Council chambers, before a final vote was held.
However, the developers, CA Europe Operating Company, appealed, and a Reporter, (a lawyer appointed by Scottish Government Ministers), instead was tasked to decide on the merits of the planning application.
Foysol Choudhury, list MSP for Lothian, raised deep concerns at the time about the fact that the public hearing would not take place and that the voices of local residents would not be heard, with local democracy being sidelined by the developer’s appeal.
Responding to the news that the Reporter has now dismissed the developer’s appeal and that planning permission has been denied, Foysol Choudhury MSP said: “My constituents are overjoyed at this result and they should be congratulated for all their hard work in organising as a community, to ensure their concerns about this planning application were heard by elected officials.
“Many of my constituents told me that the community was in despair, not just because of the proposed development but because they felt the decision to sideline the public hearing led to their voices being silenced.
“The developers attempted to bypass local democracy and failed in their appeal, which is of course a relief for my constituents, but we must learn lessons so that local democracy is not circumvented like this again in the future.
“Nevertheless, I am glad that this deeply unpopular planning application has been denied. It’s great to see what can be achieved through the power of community!”
Local resident, Hannah Edwards, said: “Our community is delighted with the Reporter’s decision. It reflects what was obvious to so many when we first saw this aggressive proposal 18 months ago.
“A development of this size on a constrained site would have had a really negative impact on the lives of so many. We’re eternally grateful to each and every person who fought so hard to get the result we were so dearly hoping for.”
Request For Hearing: Planning Application 22/03834/FUL (Student Accommodation) 72-74 Eyre Place
Foysol Choudhury Labour MSP for Lothian said: “I am delighted the Councillors on the Planning Development Sub Committee have all agreed a Hearing for this application which had almost 400 objections.
“I was so disappointed the Planning officers were recommending approval of the Eyre Place application.
“I contacted the Development Management Sub-Committee asking for a Hearing and I am delighted they have agreed to my request.
“The Hearing will give an opportunity for the concerns of the local residents and groups to be heard. I hope that following the Hearing, Councillors will reject the application.
“Having visited Eyre Place myself on 23 September 2022 and discussing with the residents of Rodney Place, I concur with their objections.
“Local residents and community groups object to the overall scale of the development, its overbearing presence blocking natural light for neighbours, and dense accommodation which would overburden local infrastructure and amenities.
“The massing and height would lead to an overdevelopment of the site, with the potential to result in adverse impacts on residential amenities.
“The proposal, overall, is not compatible with the character of the area neither in terms of the proposed use nor its design, the approach for which is incongruous and alien to the established urban form in terms of roofscape and appearance.
“I am also concerned that a storey of the student flats will be dedicated to ‘entertainment’ and karaoke booths and can understand why local residents are worried about noise levels.”
Local Green councillor Jule Bandel also objected to the application and argued the case for a hearing. She said on Twitter: “Delighted that committee has approved the hearing requests! This will give the community a chance to properly explain why the proposed student accommodation is unsuitable for the site & area. Well done everyone!”
The Invereleith councillor said earlier: “Disappointed that officials have recommended the proposed student accommodation at Eyre Place for approval.
‘The points I made in my objection in September still stand & I have submitted hearing requests to allow the community to properly make their case: https://bit.ly/3vPb5t6“
Foysol Choudhury MSP said: “Following many residents contacting me with their concerns about the planning application for student housing in Eyre Place, I visited the planning application site.
“I met with local residents to discuss their concerns and when you stand in the garden of residents, it is only then that you get an idea of the scale and impact the development would have on all the residents.
“I agree with their objections. Their major concerns are the overall scale of the development, its overbearing presence blocking natural light for neighbours, and dense accommodation which would overburden local infrastructure and amenities.
“The massing and height would lead to an overdevelopment of the site, potentially negatively impacting residential amenities. The proposal, overall, is not compatible with the character of the area in terms of use or design.
“My constituents are also concerned that the top storey of the flats will be dedicated to ‘entertainment’ and karaoke booths and are understandably worried about noise levels.
“I want to make sure that my constituents all have a good standard of living and a comfortable home and therefore I want to see that proposed developments do not reduce sunlight or an open outlook and do not increase noise and disturbance.”
Ediston and Orion Capital Managers are working together to deliver one of the most complex city-centre developments in the UK. New Town Quarter is a £250 million development that has involved extensive local community consultation during the last 18-months.
Planning proposals have involved complex negotiations over major infrastructure matters as well as providing sensitive consideration to environmental concerns given the proximity of the much-loved King George V Park.
Plans include creating 350 new homes as well as office accommodation that will support 700 jobs and add £35 million per annum to the city’s GDP. The construction work alone will generate nearly £27 million of economic development value and support 600 jobs.
The final proposals are expected to go before the City of Edinburgh Council Planning Committee in the near future.
Ross McNulty, Development Director of Ediston, said: “We’ve gone the extra mile to take the local community with us. We’re determined that this major development becomes a positive driver of significant economic activity for Edinburgh city centre.”
Clarification on Trees and Building Heights
We are aware that some of the information currently presented on a Fettes Row and Royal Crescent Association backed-website is inaccurate and we welcome this opportunity to provide clarification.
It is not correct to state that our three planning applications are a threat to many trees being removed, as part of the development. The largest single number of trees being removed is in Eyre Place which is covered by a previous Planning Consent already agreed by the Council.
Some other trees are being removed due to the development, but the information on the website is inaccurate. In Dundas Street, trees are being removed for two important reasons. Firstly, they will not survive the demolition of the existing buildings, and secondly to restore Dundas Street’s original building line.
In King George V Park there will be a small number of trees removed to create a new entrance to link the new route from Dundas Street to the park. The Council has confirmed these trees have a limited lifespan and would need to be removed in due course but we are also providing replacements for these trees within the same area of the park.
Our team has also sought to protect the trees at Fettes Row and Royal Crescent as much as possible to protect the outlook in this location, and the continuous screen of tree cover will be retained.
We have also made a commitment to a 25-year Tree Management Plan throughout our site, as well as helping the Council deliver improved tree management within King George V Park. The number of trees to be removed in the park is entirely a Council matter.
However, along with other investment in the park, we hope to carry out works that will improve both tree cover and the park itself. It should be noted that any additional tree planting and park improvements are not being done to facilitate our development.
In total, 68 new trees are being planted – plus however many are needed for King George V Park. We have stated before that a number of the trees need to be removed on health and safety grounds, and some are internal within the site and have no impact on the local community. We expect the development to either have a neutral impact on tree removal – or potentially a positive one.
The other matter we would like to address is that great efforts have been made to minimise the impact of the development for residents in Fettes Row and Royal Crescent. This includes keeping the buildings at the same height or lower than the adjacent buildings.
With regards to the impact on the park, we have conducted detailed and independent overshadowing studies that show the buildings closest to the park are not only fully compliant with Council guidelines but actually improve some aspects of existing overshadowing.
We appreciate that with any development there is change and we are acutely aware of the difficulties encountered with previous proposals and we respect residents’ right to comment on the proposals. All we are seeking is a fair hearing and a decision taken on the basis of Council and Scottish Government planning policies.
We have extensively consulted with the local community and interest groups and we would like all residents to consider the facts regarding the proposals and view them in the context of the Council and Scottish Government planning policies. The information set out in the Fettes Row and Royal Crescent Association-backed website does not accurately reflect our proposals.
Tree Cover on Fettes Row and Royal Crescent
One of the main priorities for the development team was protecting the tree cover in Fettes Row and Royal Crescent. New Town Quarter is well screened by trees to the south of the development and these are much appreciated by residents. The development team has worked hard to ensure that the tree screen is protected and maintained. Existing trees are largely being retained to ensure that views enjoyed by local residents can be enjoyed for a long time to come.
New and replacement trees are being provided on the street and in King George V Park. Wherever possible the development team has sought to ensure that existing trees are protected. Ross McNulty said: “Preserving the character of Fettes Row and Royal Crescent has always been one of the key objectives for the development team and we’re confident that will be achieved with our proposals.”
Current View
Proposed View
King George V Park
King George V Park is a much-loved local park. Since the early stages of the public consultation, elements of the proposals for pathways and cycling have been scaled back following feedback. We have also had further consultation with the Council to highlight the need to manage pedestrians and cyclists at the interface with the park.
The development team is also working closely with the Council to finalise additional investment in the park to help take account of the new development, as well as helping safeguard its future quality and longevity. The proposals for park investment will be finalised through a Section 75 agreement, which is currently being negotiated with the Council. Once signed, this will be a legally binding agreement.
Ross McNulty added: “We would like to thank the Friends of the Park group for engaging with us throughout the consultation process. The discussions have been thorough and complicated at times but hopefully, everyone will see the results – including replacement trees, improved pathways and investment in the park for the long-term benefit of the local community.”
Eyre Place Update
There is a separate planning application to change the site area initially proposed as a hotel to housing. The timing of this application will run behind the main application. Being aware that Eyre Place residents had concerns about overlooking from the proposed new homes, the development team has been looking at ways to address the concerns, and we believe a solution has been agreed.
Even though the current proposals would have been entirely within planning guidelines, the proposed solution has been shared with interested residents.
Ross McNulty said: “We were left in no doubt how concerned residents were regarding this aspect of the proposals and we wanted to help if we could. The housing proposals, as with the hotel, will result in improved daylighting for Eyre Place, which should also help reassure residents that we are sensitive to their interests.”
Business Benefits For the City Centre
If the New Town Quarter development progresses, it will be the first major project in Edinburgh to move forward since the start of the pandemic. As such, it has a critical role to play in boosting the regeneration of the city centre as it recovers from the crippling effects of economic lockdown.
The local area around Dundas Street brings together an interesting mix of mainly independent traders – including cafes, restaurants, bars, hairdressers and guest houses – and a recent survey of 32 local businesses which surround the New Town Quarter area showed overwhelming support for the development plans.
Many of them were hit hard when RBS vacated their premises in 2017 and are now suffering further following the ongoing trading restrictions imposed by the pandemic. The New Town Quarter will bring much-needed investment to the city centre – and most importantly, bring people back to the local area to create a vibrant and exciting new destination.
Here are some of the comments posted by local businesses who support our planning application:
“The RBS site was always a highly visible focal point for visitors and activity and all the businesses in this area benefited from it. Now, more than ever, as we recover from lockdown, we all need the site to once again be an attractive destination for both living and visiting, to both help recovery in the immediate future and over the longer-term.” – Guest House, Eyre Place
“I have gradually built up my business following the RBS relocation, but have also now been hit hard by the coronavirus lockdown. We are all desperate to stay trading in the area but need a commitment that something significant is going to be happening to transform an ugly empty building and gap site right opposite us into a thriving and busy neighbourhood that will bring people back to the area.” – Barber, Dundas Street
Feedback & Contact
For more information on New Town Quarter, contact: Ross McNulty, Development Director, Ediston.
