Tynecastle development given green light despite local opposition

A Scottish Government Reporter has granted planning permission for a planning application by S1 Developments for an ‘exciting new student residential development’ at Edinburgh’s former Tynecastle High School site.

In addition to 468 bedspaces, the original school hall will be repurposed as a central amenity hub, sitting within a collegiate-style courtyard space and providing high quality shared facilities for student residents.

Landscaping proposals increase green space across the site by more than 40 per cent, helping to increase biodiversity within the local area.

The development has been designed to be highly sustainable with zero parking, 100 per cent cycle parking, the employment of low carbon technologies and no use of fossil fuels.

In his report, the Reporter noted that the “development of the site for mainstream housing would be constrained by the presence of the listed buildings”, making student development a more viable option.

In addition, he identified the site which is dominated by the football ground and North British Distillery, as being more suitable for students “who would only spend part of their year in residence” and then only for the length of their University or college courses.

The Reporter also noted the proximity of universities and colleges to the site and that the student population in the local area, including the proposed development would be approximately 24% and therefore not lead to an overly concentrated student population in the area.

He notes that this figure is well below the 50% given to demonstrated excessive concentration of students and in his view would not lead to an “imbalanced community”.

Developers S1 Developments say this high-quality student development will regenerate a site that has lain vacant for over a decade and fallen into a state of disrepair.

The careful restoration of the original Category B-listed school building, designed by John Alexander Carfrae, forms an integral part of the proposals. The development will far exceed amenity standards for similar student developments and has sustainability at its heart.

Council guidance points to the benefits of purpose-built student accommodation in freeing up traditional housing stock for families with children and it has been estimated that a development such as this could release up to 180 properties back into the housing market. Local businesses will also benefit through increased spending from student residents. 

Charity People Know How will act as preferred operators for community facilities on the site. This which already works with Tynecastle High School, will operate a community facility within the building.

People Know How will operate a community facility, with the option for other local community groups to use space. The charity supports children, young people and their families in Edinburgh transition from primary to high school; helps individuals access the digital world and assists communities to shape their areas through community consultation and empowerment.

A large number of students volunteer to work with the charity, and this enables a positive relationship with students in the building to be established. Not only does this support the charity in its work, but also benefits the volunteers and engages them in the local area.

Dan Teague, Director at S1 Developments, said: “We’re delighted to have received planning permission for this exciting development.

 “The original school building has fallen into a sorry state since it ceased being a school over a decade ago. Whilst the redevelopment is challenging, our proposed use brings with it an opportunity to save and renovate the original school building and continue its educational use, benefitting the local community.

“The Reporter also noted that this was a site more suitable for student housing than mainstream housing due to the constraints of the football stadium and North British Distillery.

“We look forward to working constructively with the community in delivering this development.”

Campaigners demand new National Planning Framework must do what it says and deliver on climate and nature

Ahead of a Scottish Parliament debate to approve the National Planning Framework 4, Planning Democracy campaigners have called on politicians to ensure that the much welcomed and strengthened emphasis on climate and nature are actually delivered and that appeals from developers are not allowed to undermine these policies.

When considering development proposals planners now have to give ‘significant weight’ to the global climate and nature crises. Given that all built developments will generate climate impacts and impact on nature it will be difficult for planners to decide what developments are needed and what development should be restricted.

Campaigners believe that policies need to be robust enough to give planners the confidence to make bold decisions to refuse environmentally destructive development. Planners must be supported to make decisions that limit carbon emissions and restore nature and these decisions should be upheld and not overturned in planning appeals.

On 22 December 2022, the Local Government, Housing & Planning Committee, whose role it was to scrutinise the new Planning Framework as it was drawn up, issued a report saying that they will be monitoring the effectiveness of NPF4 over the next 6 months, including whether it is delivering on its climate and nature policies.

Campaigners say ongoing effective monitoring is crucial to ensure that what the National Planning Framework 4 says actually gets delivered and that policies are not undermined by developer appeals.

Planning decisions are frequently challenged by developers who have the right to appeal refusals of planning permission.

Clare Symonds from Planning Democracy said: “While we applaud the increased priority given to climate and nature in the new Framework, these ambitions can easily be undermined, if decisions that take into account the climate and biodiversity impacts of proposed developments are routinely overturned at appeal.

“Too often communities report that the threat of appeals by developers leads to approval of environmentally damaging applications that would otherwise not be given permission. The Government needs to limit the rights of developers to appeal in these cases and ensure these laudable environmental policies are properly implemented”.

Get your Self Assessment wrapped up in time for Christmas

With Christmas nearly here, HM Revenue and Customs (HMRC) is encouraging Self Assessment customers to put their tax return at the top of their to-do list.

Last year more than 2,800 customers chose to file their tax return on Christmas Day. But those who get their 2021 to 2022 Self Assessment wrapped up before Christmas can tick it off and enjoy the festivities. 

Self Assessment customers need to complete their tax return and pay any tax owed by the 31 January 2023 deadline or risk having to pay a penalty. Those who file their return before 30 December may also have the option of paying any tax owed through their PAYE tax code.

Filing early means if customers owe money, they have plenty of time to explore which of the payment options available is best for them by visiting GOV.UK. Customers should include their bank account details so that if HMRC needs to repay them it can be done quickly and securely.

Myrtle Lloyd, HMRC’s Director General for Customer Services, said: “We are encouraging customers to plan their Self Assessment as they’d plan for Christmas – get organised, complete their to-do list with plenty of time to avoid that last minute rush. Just search ‘self assessment’ on GOV.UK to make a start.”

The easiest and quickest way to complete a tax return is online through a Personal Tax Account where customers can start their return and go back to it as many times as they need before submitting it. 

To make it even simpler, customers can now use the free and secure HMRC app to get their Unique Taxpayer Reference (UTR), make Self Assessment payments and obtain their National Insurance number and employment history . 

HMRC has a wide range of resources to help customers complete their tax return, including guidance, webinars and YouTube videos.

Customers need to be aware of the risk of scams as criminals use Self Assessment as an opportunity to commit fraud. Customers must never share their HMRC login details as criminals use them to steal or make a fraudulent claim. Customers should check HMRC’s scams advice on GOV.UK

Find out more about Self Assessment.

Green light for Beaverhall BTR and creative workspace scheme

Developer HUB and Bridges Fund Management (“Bridges”), a specialist sustainable and impact investor, have received planning permission for a residential-led development on Beaverhall Road.

The scheme will provide 205 Build to Rent homes, including 52 affordable homes, as well as creative workspace and a new publicly accessible courtyard.

The proposal for Beaverhall Road will replace an existing warehouse with a contemporary scheme that maintains the site’s status as a focal point for the resident creative community, delivering 45% more creative workspace than provided by the current building, whilst also bringing new homes to the area. 

Designed by architects shedkm, the proposal has been developed in close collaboration with the local community and current businesses, with the ground floor creative workspace co-designed by the existing tenants, many of whom plan to move into the new development.

The focal point of the scheme will be a new public courtyard, Makers Yard, providing a space for relaxing and gathering for residents and commercial tenants, as well as neighbours. The new development will also feature a large mural by a local Edinburgh artist on one of the external walls.

In line with HUB and Bridges’ shared values, the scheme will prioritise both people and planet. The plans exceed current Scottish sustainability regulations and include a biodiverse green roof, as well as a communal air source heat pump to provide environmentally responsible heating for the entire building.

The designs maximise the potential of a brownfield city centre site and will deliver ‘tenure-blind’ homes, meaning all residents’ homes will be of the same high quality.

Situated in Canonmills, just north of Edinburgh’s New Town, the proposed development is within easy reach of the iconic city centre, while benefiting from a sense of community created by the area’s existing amenities.

Tom Valente, Development Manager at HUB, said: “We are hugely excited to be moving forward with one of our first developments in Edinburgh. It’s a fantastic city which has a long-established creative scene, and prides itself on its wealth of small, independent businesses.

“Our plans for Beaverhall will maintain the site’s status as a hive of creativity by placing studios and maker spaces at the heart of the development, alongside high quality, sustainable homes for local people.

“What we are doing here demonstrates the potential to create lively mixed-use communities on urban brownfield sites, and this is a model that we want to champion both in Edinburgh and elsewhere across the UK.”

Simon Ringer, Partner and Head of Property at Bridges, said: “For Bridges and HUB, people and planet are central to the design and planning of all our new developments.

“By building high-quality, sustainable lower-cost housing, coupled with enticing public spaces that reflect the needs of local people, we can create highly attractive developments that really deliver for the local community.

“Beaverhall will be a perfect example of this; and we’re particularly delighted that we’ve also been able to reflect the site’s heritage as a creative hub in the design. We can’t wait to see it come to life in the months ahead.”

James Spencer, Associate at shedkm, said: “We’re really excited to be working with HUB to preserve this creative heart in Edinburgh, while improving the built environment for the local community.

“We look forward to bringing our longstanding experience in regenerating areas across the UK, to create a modern, sustainable place that builds upon Edinburgh’s industrious heritage and remains a key piece of the city.”

National Planning Framework 4: New houses in Edinburgh cut by 4,500

The Scottish Government’s decision to reduce by 4,500 homes the number of houses to be developed in Edinburgh has been questioned by Sarah Boyack, Scottish Labour MSP for Lothian following the Ministerial Statement on National Planning Framework 4.

Ms. Boyack asked the Planning Minister, Tom Arthur, to explain why the number of houses to be developed in Edinburgh has been reduced by 4,500 homes at a time when the city is facing a long-standing deepening crisis.

The MSP for Lothian raised also issues around the capacity of GPs to cope with rising demand and asked about whether new GP and local health services will be included in planning application for the new housing being proposed across the Lothian given the challenges the region is already facing in terms of GP capacity in areas where significant new development is being planned.

The National Planning Framework (NPF) is a long-term plan for Scotland that sets out where development and infrastructure is needed.

Scotland’s fourth National Planning Framework (NPF4) will guide national and regional spatial development and set out priorities and national planning policies up until 2045.

Commenting, Sarah Boyack MSP said:  “A housing crisis affecting those on low or modest incomes, students and families looking for long term housing is unfolding not only in Edinburgh but across Scotland. The available properties are unaffordable or inaccessible for many and affordable, high-quality properties are almost non-existent.

“Reducing the number of new housing developments in Edinburgh will be catastrophic for people, the city and our local economy. 

“The SNP claim they want to build a new Scotland – but they are going into reverse.

“In Musselburgh, people are struggling to access vital GP services – with rising local population and housing developments, this is rapidly becoming a pattern we see across Scotland.

“Planning applications should be considering issues around GPs’ capacity – we can’t gamble with people’s lives.

“The Minister dodged my question, offering nothing more than empty rhetoric.”

  • The revised draft NPF4 is available here

Scottish planning reform campaigners take their case to the United Nations

Environmental and community campaigners have urged a top UN body to intervene in Scotland’s planning system, after repeated calls for equal rights of appeal have been ignored by the Scottish Government.

Campaigners from Planning Democracy, Environmental Rights Centre for Scotland, Friends of the Earth Scotland and RSPB Scotland, have submitted a formal complaint to the Aarhus Convention Compliance Committee (ACCC), a UN body tasked with upholding environmental rights.

The complaint argues that planning appeal rights in Scotland are not ‘fair’ and therefore in breach of international law on access to justice for the environment.  They point to a ruling by the Committee in Northern Ireland concluding that a lack of equal rights was in breach of the Convention, and argue that similar recommendations must now be applied to Scotland to spur reform.

The appeal to the UN follows over a decade of civil society campaigning and the passage of two planning bills, both of which failed to address the issue. An amendment proposing to introduce equal rights of appeal under the 2019 Planning (Scotland) Act was voted down by SNP and Conservative MSPs.

Currently, only applicants (usually developers) enjoy appeal rights if planning permission is refused.

Members of the public and NGOs do not enjoy equivalent rights to appeal if a development is approved, even if the development will negatively impact on health and the environment, or if the decision-making process was flawed.

The only option available to affected communities and individuals is to go to court via a judicial review, which the Convention’s governing bodies have already ruled is ‘prohibitively expensive’.

Campaigners are calling for the Scottish Government to introduce legislative reforms to achieve equal rights of appeal.

Clare Symonds, Chair of Planning Democracy, said; “Giving communities rights of appeal is about justice and fairness.  It should be a given that decisions that fundamentally affect our future and the environment can be contested by those who will be most affected.

“It is clear that the Aarhus Compliance Committee’s Northern Ireland ruling agrees with our perspective that for developers to have right to challenge a decision at no cost, when communities have no such privilege, is unfair and a breach of international law on environmental decision-making.

“The situation regarding appeal rights in Scotland is the same and we expect the ACCC to find in our favour and hold the Scottish Government to account.”

Benjamin Brown, Policy & Advocacy Officer at Environmental Rights Centre for Scotland, said: “As it stands, Scotland’s planning system is rigged in favour of developers.

“Through ignoring calls to introduce Equal Rights of Appeal in planning decisions, the Scottish Government has missed a vital opportunity to empower communities and protect our environment. It must now act to reform the planning process, so that communities impacted by poorly considered planning decisions can have their voices heard.

“As we work towards including the right to a healthy environment in the new Human Rights Bill, equal rights in planning cannot be forgotten.”

Mary Church, Head of Campaigns at Friends of the Earth Scotland, said: “It’s an absolute scandal that communities and NGOs can’t appeal against developments that harm the environment, while developers can wage a war of attrition through appeals and repeat applications if their proposal gets knocked back.

“This lack of equal rights undermines the planning system and leads to decisions that are bad for people and planet. The Scottish Government shouldn’t wait for the UN to rap its knuckles again, but should take action to level the playing field as part of its agenda to enshrine human rights in Scots Law.”

Aedan Smith, Head of Policy and Advocacy at RSPB Scotland, said: “It is essential that individuals and communities have the ability to challenge harmful decisions, especially those that would make the nature and climate emergency worse.

“We would hope that this ability would not need to be used very often, but it is important that decision makers can be held to account in a way that is fair.”

Council lied to justify destructive development, claim Silverlea campaigners

Community campaigners fighting to save the Silverlea woodland, wildlife and heritage site from a housing development have condemned as “Council lies” the claim that the site is a “barren” flytipping site  of “low landscape value and low recreational value with few quality trees”.

A meeting of the City of Edinburgh Council development sub-committee on 10 August flouted the Council’s own policy by approving the building of 142 houses on the green belt in the Muirhouse and the Salvesens area in north-west Edinburgh.

The Save Our Silverlea Campaign describe a photo of the site produced by the Council to justify the development as “totally misleading”.  

A SoS spokesperson said: “The photo showed a big pile of flytipped waste – but when a team from Save Our Silverlea visited the site days after the Council meeting, all we found was one white plastic bag and a dumped shopping trolley. The Council photo was either very old or taken elsewhere.  Councillors visited the site shortly before the meeting so they should have known the photo was ‘fake news’.”

Save Our Silverlea have produced photos of the site showing massive trees and a verdant and vibrant woodland. 

30-40 mature trees are to be felled to make way for the proposed scheme.

“We defy anyone – even a Councillor – to look at these magnificent trees and say this is a “barren”  flytipping site.  Clearly there has been some flytipping over the years – but if the site was sympathetically opened up to the community as a mini nature reserve with low impact paths and perhaps a children’s play area, then this increased footfall would act as a deterrent to flytipping. 

“The Council is effectively “saving” the site by destroying it.”

Freedom of Information request

The camapigners say the city council tried to justify the destruction of dozens of mature trees by claiming they were planting 131 saplings on the narrow strip of grass known as Silverknows Park. 

At the Council meeting Save Our Silverlea spokesperson Edward Murray described the real situation: “My flat overlooks Silverknowes Park and I watched them planting these saplings out in mid-February on a bitter cold day with the ground waterlogged,” he explained.

“The end result is the vast majority of these saplings never took root. They’re dead. Are we then to exchange 30-40 mature trees for row upon row of dead twigs in plastic tubes? That doesn’t strike us as a fair exchange.” 

On 16 August Save Our Silverlea submitted a Freedom of Information request asking how much the Silverknowes Park Tree Plantation cost.

At the Council meeting Edward Murray described Muirhouse, where he has lived for over 30 years, as “just a dormitory for workers to sleep in before going back to work again”. 

Mr Murray added: “Muirhouse is the size of a small town; it has no primary school, no park, not even a pub. It doesn’t even have a supermarket. In short, it is a deprived area. We have nothing down there. It’s one of the most deprived areas in Edinburgh.  

“And now, having taken practically everything, you want to take our last green space, the Silverlea site, for development, destroying a wildlife habitat and creating congestion and pollution along the Silverknowes/Muirhouse Parkway, described by Police Scotland as ‘the second most dangerous road in Edinburgh’.”

Save our Silverlea are continuing their campaign:  “As climate change threatens the future of humanity, we need to act to defend our green spaces.   This land should be used for the local community – not to make £millions for greedy property developers.

We need much more council/ social housing – build council houses on the brownfield sites where they are now building 1000s of private houses.   The struggle to save our Silverlea continues.”

Relaxing planning rules for electric vehicle charging points could spell disaster for walkers

Proposals to permit more electric vehicle charging points could pave way for problems for pedestrians, according to Living Streets Scotland, part of the UK charity for everyday walking.

Proposals to permit more electric vehicle charging points could pave way for problems for pedestrians, according to Living Streets Scotland, part of the UK charity for everyday walking.

The charity is concerned about a consultation from the Scottish Government designed to accelerate the roll out of electric vehicle (EV) chargers by removing some existing planning safeguards.

Currently, electric chargers usually don’t have Permitted Development Rights[1], therefore planning permission is usually required. But new permitted development rights could be made available to councils and private charging companies as part of the biggest change to Scotland’s streets in a generation.

Living Streets believe that planning permission is an important safeguard ensuring footways space isn’t lost in housing developments, especially avoiding the creation of pinch points below a 1.5 metre clearance. This is the acknowledged minimum for comfortable passage of a wheelchair or person being assisted by a guide dog.

The charity believes more extensive work with disabled people is required to determine the true impacts of the changes. Living Streets Scotland, together with RNIB Scotland, Sight Scotland and Sight Scotland Veterans, Guide Dogs Scotland, and Disability Equality Scotland, argues that all charging equipment must be on the road and not cluttering pavements.

Stuart Hay, Director, Living Streets Scotland, said: “Footways cluttered with EV charging points and trailing cables present serious problems for people with wheelchairs, buggies or guide dogs, preventing them from getting around easily and safely. Attention to detail is critical, and in almost all cases pavements aren’t suitable for electric chargers.”

“The impact the proposed changes will have on disabled people is greatly underplayed in the consultation. Further engagement is needed, which must be accessible, including the use of non-technical language appropriate to the public.”

“Cluttered pavements also impact on everyone’s desire to walk their short journeys instead of driving them. If we want to encourage cleaner, sustainable ways to travel then we need streets that are walkable.”

Craig Spalding, CEO of Sight Scotland and Sight Scotland Veterans, said: “We’re fully behind initiatives to bring about positive environmental impacts, but it’s important these are balanced with access to community spaces.

“We’re concerned that the rapid rollout of e-chargers without sufficient planning procedures could see charging points appear in places that cause accessibility issues and obstacles for people with sight loss.”

Niall Foley, External Affairs Manager, Guide Dogs Scotland, said: “While we welcome measures to reduce our carbon footprint, EV charging points can prove a hazardous obstruction for people with sight loss if they are not installed with care. It’s important to have consistent guidance and standards to ensure that EV charging points are not barriers to pavement users.”

“Research released by Living Streets in July 2022, found that over one in four Scottish people (28%) would walk more if their streets were clutter free. The option of reducing planning controls therefore flies in the face of government policy which is trying to create better infrastructure to get people walking.”

The full response from Living Streets Scotland to the Transport Scotland consultation can be viewed here.  

Cllr Jane Meagher: Facing up to Edinburgh’s housing challenge by building smart new homes

Councillor Jane Meagher, the city council’s Housing, Homelessness and Fair Work Convener, writes:

After a slowdown during the pandemic, it’s great to see so much work underway to build the new affordable and sustainable homes our growing city needs. 
 
Last week I had the pleasure of marking the site start for our newest housing development – Western Villages at the new Granton Waterfront. Spanning a site the same size as the New Town, this regeneration of the waterfront really is going to create a brand new coastal community. 
 
This is growth which will benefit those who already live in the area and the city as a whole and I have to say, it’s incredible to watch the start of construction. There is a team of people working extremely hard so that, over the next decade, we’ll see drastic change and thousands of people move into beautiful new homes.

They will join a 20-minute neighbourhood where they can shop, socialise, and access support. With our partners we’re investing millions in the area, including the fantastic gas works holder, which will become an amazing spectacle; a home for events and a glowing beacon for North Edinburgh below everyone who flies into the city. 
 
I am strongly committed to doing what I can to secure more affordable homes for Edinburgh. Over 150 households bid for every Council and housing association home that becomes available so that’s why we’re driving forward with building new affordable homes on sites across the city.

Close to Granton, in nearby Pennywell and Muirhouse, new homes and a new civic centre are taking shape. We’re also investing in improving existing homes with major works underway in both multi storey blocks and low-rise housing.   
 
As the city grows, the demand we are seeing for affordable and social homes is only going to increase. That is a reality we must face, not least with the country in the grip of a cost-of-living crisis and fears of recession on the horizon.

It’s why it’s critical the Council and its partners press ahead with a truly ambitious and forward-thinking housebuilding strategy and it’s why we must continue to make the case for increased investment in this programme to the Scottish Government. Our capital city, after all, is per head the lowest funded local authority in Scotland.
  
The way we’re building homes is also changing, with innovative measures being used to reduce energy. Western Villages is a great example of that, as Scotland’s largest net zero development. We want the whole city to become net zero carbon by 2030 so we are committing to ‘build smarter’ and create new homes which are greener and use eco-friendly technology.

This construction work is also helping to boost and create new jobs and apprenticeships which will further help us to support people into employment and keep our economy resilient, which is particularly significant after the impacts of Covid. 

The future is challenging, but together with developers and others we are doing everything within our powers to make it fairer on residents and on our environment. We’ll keep working to tackle our housing pressures and deliver these affordable and sustainable new homes.

This article first appeared in the Edinburgh Evening News

Dundas Street plans ‘unacceptable on many fronts’

The developers of the RBS site on Dundas Street, Ediston, wish to construct a (temporary) 4-/5-storey office accommodation block on Dundas Street while post-demolition redevelopment onto scores of flats etc. takes place.

Fettes Row & Royal Crescent Association, the local residents’ group, is objecting strongly (see letter to Ediston, below) and so is New Town & Broughton Community Council.

The block would encroach upon the street and be permanently lit with an “underpass” for pedestrians … a bit like George IV Bridge outside the hotel but probably bigger.

David Gow,

Fettes Row & Royal Crescent Association acting secretary

The letter reads:

Having considered your plans, we would say the plans are unacceptable on many fronts: 

They amount to unnecessary and extensive street clutter. The process of planning this project should surely have planned adequate accommodation for the duration of the project. If this is not the case, the failure will amount to further inconvenience, disruption, pollution and loss of amenity for local residents over and above that already being endured by local businesses and residents. 

Despite your point that the ‘tunnel’ underneath the proposed accommodation will be lit and provide adequate space to pass through, it will still amount to a significant obstruction to the passage of pedestrians and traffic, possibly resulting in pedestrians having to walk on the roadway at very busy times.

The obstruction in this location will cause a sclerosis of traffic on a very busy thoroughfare. Dundas St. is a route for public and tourist buses, delivery lorries and, critically, ambulances and fire engines. The current tunnel walkway on George IV bridge, similar to that you propose, is partially dark at night, and does not feel safe or comfortable for pedestrians at night-time;

The presence of the accommodation will result in a prolonged loss of parking spaces in front of the site. This will further congest the limited parking available to residents and business in the area;

 Why is this project unable to accommodate its workers on site when other huge developments locally (eg the St. James Centre) have managed to execute their works without intruding further on local surroundings? 

There are areas (admittedly limited) which are planned to be open areas in the completed project. Why can these not be used to house the accommodation? Furthermore, why can’t the project’s use of Centrum House continue in effect as accommodation for contractors?

The site development will be phased and accommodation could, and should be moved within the site, as phases progress.

You say the local residents will benefit from the location of the accommodation on Dundas St. Frankly any benefit residents would receive, and that would be questionable, would be at the margins, given the wholesale long term disruption to life and amenity this project is already causing by its execution.

The only beneficiary of the proposal we can see, in fact, is the developer who will save costs which might or might not have been incurred by inadequate planning. In any event, we can see no benefit which would go any where near compensating residents for the inconvenience this plan would cause.

Yours sincerely, 

Judith Symes,

Acting chair, for and on behalf of the Fettes Row and Royal Crescent Association