The Scottish Government Reporter has refused the application by the developer CA Ventures to build student flats on a site in Eyre Place as well as nine townhouses on an adjacent site.
The developer had taken advantage of planning rules which meant that since their applications had not been dealt with by the council within the required time, they could bypass the council system and appeal direct to Scottish Ministers.
This is a permissible route but was considered underhand by many councillors and the local residents who had mounted a massive campaign against the plans. There were more than 400 objections to the application.
The Reporter, Elspeth Cook concluded in her report: “I am not convinced that the redevelopment of the builders merchant’s yard, offers sufficient justification for setting aside my concerns regarding design and amenity. I therefore conclude, for the reasons set out above, that the proposed development does not accord overall with the relevant provisions of the development plan and that there are no material considerations which would still justify granting planning permission. I have considered all the other matters raised, but there are none which would lead me to alter my conclusions.”
The Reporter said that although the council had said they would support the development that decision had not been endorsed by the planning committee. The site is where the former Jewson’s yard was and is now cleared ready for development.
The development would have introduced 142 studio flats in a single building ranging from three to six storeys in height on an area to the rear of traditional residential blocks fronting on to Rodney Street. The development of the brownfield site with student accommodation is supported by the Edinburgh Local Development Plan (ELDP), and there is an argument in ELDP that purpose built student accommodation (PBSA) frees up other housing stock for residents. There is a requirement that the student flats will be in a location “appropriate in terms of access to university and college facilities by walking, cycling or public transport”. The Reporter believes this to be key, saying that accessibility has priority over distance from educational establishments.
But there is a great deal of concentration on the calculation of what is the developable area since any sites further away from any campus location must be less than 0.25ha. By splitting the site in two and applying for permission for townhouses on one part and PBSA on the other it is possible that this measure has been met.
But the Reporter has found that the sense of place between Eyre Place and Eyre Place Lane is “distinctly different”. The mews development on the western edge of the site has been mentioned in the Edinburgh Design Guide as a successful development of its type.
There is a finding in the decision that the five and six storey building proposed for the site “fail to respond sympathetically to the sense of place”.
The Reporter also finds that there would be loss of privacy for the existing rear facing windows which are used to an open outlook.
There would only be room on site for one disabled space which would however fit within the council’s parking standards. There is no other parking on the site as it is well served by public transport and on street parking.
The damning part of the decision appears to be this: “The proposals are supported by the policies of the development plan and in many areas its design and attributes would be able to meet the relevant policy requirements. However in this case I find the conflicts with policies that set out the design expectations for new development and which seek to protect residential amenity are such that the development would not comply with the development plan overall.”
Cllr Jule Bandel, Green councillor for Inverleith said: “I’m delighted to hear that this deeply unpopular student housing proposal at Eyre Place has been refused on appeal. This decision will come as a huge relief to the many members of the local community who came together and worked tirelessly for over a year to show how inappropriate this development would have been for the local area, and who I have been proud to support. I want to say a massive thank you to everyone involved in this campaign.
“This developer should be utterly ashamed that they have tried to bypass local concerns by appealing to the Scottish Government before the community had the opportunity to present their case to councillors at a hearing. They tried to bypass local democracy and they failed. They should pause, reflect, and start listening to the voices of residents. I hope they will bring forward an alternative proposal which delivers on the needs of the community, including the desperate need for genuinely affordable homes.”
The local residents considered the terms of the decision and late on Wednesday evening they issued this comment: “It’s been 18 months since the planning application was raised and the community have from the outset, felt this was a lazy, opportunistic and inappropriate plan from a multinational venture capital company with zero interest in the community.
“The process has caused stress and anxiety in the community (a community supportive of residential development involving family homes and affordable housing on the site), and we are delighted that in the final stage these plans have been rejected.
“There were 400 objections to these applications including the local resident groups, the Newtown and Broughton Community Council, the Yard Childrens Charity, The Cockburn Association, the Friends of King George V Park, the MP, MSPs and local councillors.
“The lack of a public hearing, (caused by the developer and their planning agent invoking a legal loophole) and the initial response from The City of Edinburgh Planning department all caused dismay, however in the final analysis common sense and justice has prevailed and the community are no longer threatened by a development that would have meant the local residents were overlooked and overshadowed by an overdeveloped plan that would simply not fit happily within the existing environment.
“It’s been an astounding result for the grass roots community and we hope that any future development proposal for the site takes learnings from this process.”
To see how the locals organised themselves take a look at their website.
Founding Editor of The Edinburgh Reporter.
Edinburgh-born multimedia journalist and iPhoneographer.
