Concerns over privacy at new homes described as 'irregular' by developers

Concerns over a lack of privacy in the gardens of three new homes have been described as “irregular” by developers.

Midlothian planners refused permission for the houses to be built on land at Cairnbank Road, in Penicuik saying the proposed gardens, which will be constructed over a former mill lade, would overlook part of each other’s gardens.

But in an appeal by the applicants, they claim the council’s planning officers construed the reason for refusal, adding that it is common for neighbours to be able to see the lower part of each other’s gardens.

They say: “There is no basis for this consideration which sits as an irregular departure from material planning considerations.

“Overlooking of the lower sections of gardens is common in new build housing, both urban and suburban.”

The plans for the houses also involve the removal of half the trees on the site but the applicants said they would replant two for every one removed.

The application was the third attempt to get permission for split-level homes on the site, which will be built down a slope with entrances and driveways from the road above.

Last April, planners refused permission for the houses, saying they were too big, out of character and did not provide enough amenity for residents whose gardens would be overlooked by their neighbours.

Two years ago, applications were also refused for plans to build four houses on the site, with plans to retain the former mill lade and build footbridges over it as part of the gardens of the new homes.

The initial proposals were rejected and at an appeal hearing at the council’s Local Review Body, where one councillor said the sloping gardens with a bridge at the bottom felt ‘unsafe’.

The most recent application, which is now being appealed, says the new homes will be designed over three floors.

It says: “Living accommodation is incorporated mainly in the top two levels. Together they account for two of the three bedrooms, three of the four bathrooms, the kitchen and dining space, and the primary living space. The ground floor incorporates a single en suite bedroom and a small lounge.”

Planners described the houses as ‘regimented’, adding that while they would appear to be single storey from the road, viewed from the south, they would be “very large, bulky and obtrusive”.

The Local Review Body will hear the appeal next month.