Plans for two shops in a new housing estate have been rejected as ‘overdevelopment’ because they included flats upstairs with no gardens.
Midlothian planners refused permission for the retail units at Greenlaw Mains, Penicuik, despite agreeing to allow a shop on the site in the past after the applicants included the residential units above them.
In a report recommending refusal of the application, officers said the new flats had no gardens and proposed parking and vehicle access were outside of the site boundary so could not be considered as part of the proposal.
They said: “The proposed development would result in two retail units and two flatted dwellings within a tightly constrained area.
Midlothian Council agreed to allow a shop at Greenlaw mains in the past
“Due to the lack of adequate amenity and access provided for the proposal, as well as the impact on the privacy of neighbouring properties, the proposal is considered an overdevelopment of the site.
Four objections were lodged against the application with concerns about the additional housing units being included with the shops and impact on parking.
The site, next to a care home, in the residential area, was originally identified as space for a local centre and planning permission was granted for a commercial unit on it.
The applicant said the new plans were a variation on the original application arguing that the building itself remained the same size although the proposal now asked to sub divide the shop into two units and add a one bedroom and three bedroom flat in the roof space above them.
Planners, however, dismissed the suggestion it was a variation saying it was ‘materially different’ and required to be reassessed as a new application.
They said: “The concept of a local centre in this area has been established. While the occupants/operators of the local centre were not specifically defined the provision, and phasing of the delivery, of a local centre were covered.
“At the time of the 2012 planning application it was expected that the local centre would not include housing and would be made up of commercial uses, such as retail, a crèche and other uses appropriate to a local centre.”
by Marie Sharp, Local Democracy Reporter
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