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20 Mansionhouse Road, continued
GuestPostDecember 12, 2016, 19:53
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Normal topic20 Mansionhouse Road, continued

This property has appeared yet again in the list of planning applications awaiting assessment. The owner built two large extensions in 2014 and then paved over a large portion of his plot. There followed a drawn out argument about whether or not artificial grass was appropriate for the remaining garden. These six earlier applications, three reports to Enforcement and two appeals to the Scottish Ministers are mentioned in the Forum. A link is given at the foot of the page.

The end result was that the owner had to remove the artificial grass that he had installed without planning permission.

The owner is now questioning whether the installing of artificial grass should even require planning permission and if it does, whether it would fall into the category of “permitted development”. His lawyer has produced a report supporting Mr Stevenson but surprisingly overlooking the very relevant fact that we live in a conservation area.

The view of the Grange Association is that using artificial grass is not compatible with the Grange Conservation Area Character Appraisal.
This is the document that defines the important aspects of the area (see link below). The Association was very pleased to be given the opportunity to contribute to it. Our area is one of predominantly Victorian villas with relatively large gardens. The soft landscaping including grass, trees and flowerbeds is an important aspect of the area. Already a large part (49%) of 20 Mansionhouse Road is covered by either building or paving, so the remaining garden takes on even greater importance both for the community and for the biodiversity of the area. We cannot see how artificial grass should be treated any differently from paving, pebbles or stone chips, all of which, in the Householder’s guidance (see below), would be restricted to only 40% of the plot. The Association will be asking the Council to refuse this application.

Links:
Earlier report in the Forum: http://gaedin.co.uk/wp/forum-test?mingleforumaction=viewtopic&t=167
Grange Conservation Area Character Appraisal:
http://www.edinburgh.gov.uk/directory_record/377091/grange_conservation_area
Householders' Guidance: http://www.edinburgh.gov.uk/info/20069/local_plans_and_guidelines/63/planning_guidelines
membershipPostDecember 16, 2016, 10:46
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March 24, 2015, 10:28
Normal topic20 Mansionhouse Road, continued

Details of correspondence between Grange Association Planning and CEC Planning Dept over the 20 Mansionhouse Road issue, yesterday. Should you wish to contact Mr Martin, his email is within.

Dear Mr Martin

Thank you for your reply which explains the difference between a planning application and a request for a certificate of lawfulness. In this case it is highly likely that the owner has put in this application in the hope that it will succeed where formal planning applications have not. We do not have the opportunity to comment. I find this frustrating since I know that the Grange Association would like to object strongly to this application, in the same way as we did to the earlier applications. I would, however, like to request that you take in to consideration the two conclusions of the reporters to appeals to the Scottish Ministers ENA-230-2099 and PPA-230-2162 and also Mr Moodie’s excellent letters to the reporter. For completeness, I attach the letter from the Grange Association to the more recent of the two appeals.

(Letter here : http://gaedin.co.uk/wp/wp-content/uploads/2016/12/20-Mansionhouse-Road-10-15.pdf)

Yours sincerely

Roger Kellett (Grange Association Planning)
planning@grangeassociation.com

On 15 Dec 2016, at 09:58, Peter Martin <Peter.Martin@edinburgh.gov.uk> wrote:

16/05580/CLP - 20 Mansionhouse Road

Thank you for your email regarding the above application for a Certificate of Lawfulness of Proposed Use or Development.

The application describes the proposed development/operations as: the spreading of thin layer (3-5mm) of fine grained aggregate dust and laying of weed suppressant matting with grass appearance within domestic garden ground up to a maximum of 255sqm.

An Application for Certificate of Lawfulness for a Proposed Use or Development is where an applicant seeks to confirm that what is proposed would be lawful i.e. would not require express planning permission. For example, it may need to be established that what is proposed does not constitute development, is permitted development or already has planning permission.

There is no provision for the public to make comments on applications for certificates of lawfulness. Decisions are taken on the facts of the case in relation to planning law and public comments cannot be taken into account.

The decision for this application is due to be issued by 28 January 2016.

Yours sincerely

Peter Martin

Peter Martin | Planning Officer | Planning & Transport | PLACE | The City of Edinburgh Council | Waverley Court, Level G:3, 4 East Market Street, Edinburgh, EH8 8BG | Tel 0131 469 3664 | Fax 0131 529 6207 | peter.martin@edinburgh.gov.uk |  http://www.edinburgh.gov.uk 
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WyvernPostJanuary 30, 2017, 16:48
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February 26, 2013, 23:52
Normal topic20 Mansionhouse Road, continued

The Council issued their decision on 27th January. The application for a certificate of lawfulness to install artificial grass was refused.
membershipPostMarch 27, 2017, 15:51
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March 24, 2015, 10:28
Normal topic20 Mansionhouse Road, continued

20 Mansionhouse Road : resubmission of amended application for a Certificate of Lawfulness :
Laying of weed suppressant matting with grass appearance within domestic garden ground up to a maximum of 255sqm with no ground fixing. 17/01024/CLP

https://citydev-portal.edinburgh.gov.uk/idoxpa-web/applicationDetails.do?activeTab=summary&keyVal=OMHK89EWFT400

(CLP = Certificate of Lawfulness Proposed)
WyvernPostMarch 27, 2017, 19:14
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February 26, 2013, 23:52
Normal topic20 Mansionhouse Road, continued

As far as I can see, the new application 17/01024/CLP for "certificate of lawfulness proposed" differs from the last one in that the weed suppressant membrane will not be fixed down and it will not be laid on top of a thin layer of whin dust. The view of the committee is that these two technical differences do not lessen the adverse effect such an artificial grass-like membrane would have on the character of the area or on biodiversity. As before, the public are not given the opportunity to comment and we await the decision of the Council.
WyvernPostSeptember 7, 2017, 16:57
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February 26, 2013, 23:52
Normal topic20 Mansionhouse Road, continued

On 15th May 2017 this further application for lawfulness was refused by the Council.
PlanningPostApril 14, 2018, 14:37
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April 4, 2018, 13:36
Normal topic20 Mansionhouse Road, continued

An appeal against this refusal was upheld on 11 October 2017 and a Certificate of Lawful Development was issued. The findings of the Reporter can be found at:
"Appeal Decision Notice".
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