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Planning Application to 'Change Use' and Develop the Premises
 

The current owners of the Midmar Inn recently lodged an appeal with the Scottish Government, through the Directorate for Planning and Environmental Appeals against the decision made by Aberdeenshire Council.  

 

On the 27th July 2009 the Reporter assigned to assess the appeal confirmed that the appeal had failed and that planning permission has been rejected. For details and reasoning behind the rejection, click on this link Scottish Office Appeal refusal.pdf 

 
Application to Aberdeenshire Council
 
The planning application to Change the Use of the Midmar Inn was considered by the Garioch Area Committee on Tuesday 11th November 2008. The Planning Committee voted against the application.
 
The reasons for rejection stated in the minutes of the meeting are as follows:
 

It has not been demonstrated that the public house has been sufficiently and properly marketed as a business or as a site for employment use. The permanent loss of this employment use and community facility and associated loss of amenity that would be caused by the proposed change of use has not been sufficiently justified. The application is therefore unsustainable and contrary to Scottish Planning Policy 1 – The Planning System and Policy Emp\1 – Allocated and Existing Employment Land and Policy Gen\1 – Sustainability Principles of the Aberdeenshire Local Plan 2006.

 

This finding is consistent with the purpose of the Friends of Midmar Inn Community Company and the reasons for objection suggested on this site.
 
During the consulattion on the planning application, 155 letters of representation (from 111 different households or organisations) were received by the Council. Of these,148 were representations objecting to the application.
 
The Minutes of the Planning Committee can be found at (go to Page 23):
 
The Planning Officer's report also recommended rejection of the application. This report can be found at:
 
Read more in the latest P&J Article
  

To review the Planning Application use the following link:
http://www.aberdeenshire.gov.uk/planning/apps/detail.asp?ref_no=APP/2008/0932

 

 
Our views on why the planning application should have been rejected
  
Granting the application to change the use of the Midmar Inn would have resulted in permanent loss of an existing community asset and facility and would:

 

Be contrary to the Scottish Government strategy on sustainable development 'Choosing our Future', such as:

Sustainable Communities

The closure of the inn is another 'nail in the coffin' of rural life. The community has already lost the local post office and shop. Granting the application will lead to continued (and permanent) diminution of important community facilities/amenities. Without amenities and businesses that support the community, Midmar will become just another dormitory village for people working in the industry and commerce of Westhill and Aberdeen.

 

Sustainable Development

The Well-Being of Scotland's People - promoting personal well-being is one of the core aims of sustainable development. Meaningful work, a high quality local environment, spending time with friends and family, taking part in activities that are not linked to work are all part of the mix that contributes to our sense of well-being, as individuals and as a country. Granting the application will permanently cut off an institution that has been part of the Midmar Community for over 100 years, which has been a place of training and development for young people and was the only remaining place that the geographically dispersed community could spontaneously gather and enjoy each others company.

 

Supporting Thriving Communities

Thriving and healthy communities have strong individual identities that engender a sense of pride in those who live and work in them. They are well planned, well connected and well kept places where people wish to live, are active in shaping local services and their local physical and cultural environment, and where the needs of everyone in the community are taken into account. Given proper management and investment, the Midmar Inn has the potential to be a thriving business and is well positioned to take advantage of continued development in Midmar and Westhill. The suggested lack of viability of the Midmar Inn is not consistent with other local inns which all appear to be booming e.g. Jaffs in Dunecht, Learney Arms in Torphins etc. Granting the application will only benefit the current owners of the premises yet will do nothing for the health, pride and needs of the majority or for the value of the community itself.

 

Sustainable Consumption and Production

Permanent closure of the inn will cut off an outlet for local produce

 

Climate Change and Energy

Approval of change of use and permanent closure of the inn will lead to the community having to travel significant distances to work at and use similar facilities.

 

Be contrary to:

 

Visit Scotland strategy on Scottish Tourism 'thenextdecade'
Visit Scotland's growth ambition is to increase gross tourism revenues by 50% by 2015 - tourism is an important element in the social, economic, environmental and cultural well-being of Scotland, from major cities to rural areas, many of which depend on the industry for jobs and infrastructure. The Midmar Inn is set in an area of natural beauty which has a number of local points of interest such as burial mounds, standing stones, operating and derelict kirks, a visitors centre and a fishery. Granting the application will permanently cut off the opportunity to encourage tourism to the area through provision of an historic 'watering hole' offering facilities and quality refreshments to visitors nb the Midmar Inn had the much sought-after honour of being mentioned in Roger Protz's CAMRA Good Beer Guide and real ale enthusiasts regularly came from far afield to sample the ales (many of them produced in Scotland) on offer.

 

Be contrary to several policies in the Aberdeenshire Local Plan, such as:

 

Policy Emp/1

Allocated and Existing Employment Land

New employment uses will be approved, in principle, on allocated employment land.

There shall be a presumption in favour of retaining existing sites (greenfield and brownfield) for industry and business use. Development for non-employment uses on employment land will be refused unless:

a) the non-employment use does not prejudice the strategic employment land requirement; OR

b) there is a constraint on the site whereby there is no reasonable prospect of it ever becoming marketable for employment development;

OR

c) it is poorly located for employment purposes and an alternative land use would benefit the surrounding area and community;

AND IN ANY OF THESE CASES

d) it respects the character and amenity of the surrounding area, and is landscaped accordingly;

AND

e) it is compatible with neighbouring employment uses


Policy Hou/4:

Conversion of Non-Residential Vernacular Buildings for Residential Use.

In the Countryside, the conversion of an existing non-residential vernacular building for housing will be approved, in principle, if the original building contributes to the traditional character and landscape of the area and:

a) the conversion is to a single house; or

b) the conversion is to a single house combined with space for a business;

or

c) the conversion is to two or three houses, where at least one associated business space is provided and the location is accessible to local services by public transport, foot or bicycle.

In all cases, the developer will be required to demonstrate that:

a) the existing building contributes to the traditional character of the area and is largely intact;

b) the existing building is no longer required or suitable for its original purpose;

c) existing and proposed neighbouring uses are compatible with housing and any business use proposed;

d) the converted building would largely preserve its existing form, retain its vernacular appearance, and maintain its contribution to the traditional character and landscape

of the area; and

e) regard has been had to the guidance contained in Appendix 2.

This policy applies also within the Aberdeenshire part of the Cairngorms National Park.

 

Policy Hou /7:

House Extensions

An extension to a house (other than a house previously converted from a non-residential vernacular building) will be approved, in principle, if:

a) it reflects the character of the surrounding area and the design and scale of the existing house;

b) it does not significantly reduce the amenity of neighbouring residents;

c) it conforms to Appendix 1;

d) if it is to a Listed Building or within a Conservation Area, it conforms to Appendix 4;

e) it would not cause the loss of, or serious damage to, trees or woodland of significant value to the character of the surrounding area; AND

f) the existing drainage arrangements are upgraded to accommodate the proposed

development and meet current treatment and discharge standards.

 

Policy Gen/1: 

Sustainability Principles

Development will be assessed against sustainability indicators that relate to the local environment, community and economy, demonstrated by whether the proposal:

a) is concerned with the long term sustainable use and management of land;

b) is well related to existing settlements and avoids dispersed patterns of development;

c) reduces the need to travel using private cars, by being close to existing public transport or allowing safe, easy access by walking and cycling;

d) protects or enhances any valuable natural resources, including landscapes and wildlife habitats or species;

e) does not damage built or cultural heritage resources;

f) does not impact negatively on the character, including landscape character,  environment or amenity of the surrounding area;

g) makes full use of design and technology to maximise the efficient use of energy and resources, and minimise light pollution;

h) does not prejudice future development opportunities nor create a precedent for inappropriate future development patterns;

i) reduces the production of waste and manages it as a resource in accordance with the waste hierarchy

i.e. Reduce, Reuse, Recover, Dispose;

j) does not give rise to hazards, pollutants, flooding or nuisances in the surrounding area;

k) does not compromise public health or safety;

l) provides new, or helps support existing, local employment;

m) helps support existing community services and facilities;

n) provides affordable access to land or housing to people in need and promotes security of tenure.

Where the assessment concludes that there is significant uncertainty as to whether the proposed development would cause substantial harm, the precautionary principle will be applied.

Policy Gen /2:

The Layout, Siting & Design of New Development

New development will be approved, in principle, if:

a) it can be laid out to fit successfully into the site itself and respect the

character and amenity of the surrounding area;

b) its scale, massing, height and density are appropriate, whilst displaying

a high standard of design, materials, textures and colours that are sensitive to the surrounding area;

c) it respects existing natural and built features on or about the site which are worthy of retention;

d) it respects the characteristics of the landscape in which it will be situated;

e) it has an environment friendly layout, particularly taking account of energy efficiency;

f) it respects important public views;

g) it is a bona fide mixed use development where appropriate;

h) ‘lifetime standards’ are adopted by the developer; AND

i) it conforms to Appendix 1.

In larger developments the Council will encourage developers to incorporate art or craftwork projects into new development to provide added amenity or character to an area.