Tuesday December 9th 2025
Written by Local Democracy Reporter, Marie Sharp
A local businessman has accused Midlothian Council of manipulating a vote on his plans to build housing on a former gas works with ‘inflammatory language’ and a flawed process.
J McHale said he was ready to invest up to £4 million building 14 houses at the former Arniston Gas Works, near Gorebridge, but his application was refused by the council’s planning committee.
Now, in an appeal to Scottish Ministers, agents on his behalf have claimed he was denied ‘fair process’.
They described language, surrounding claims the site may have contaminated ground, as ‘inflammatory’ and without evidence and say it was called in for discussion at the committee in October, instead of being given a chance of appeal to the local authority’s own appeal body which had ruled in favour of housing on the site in the past.
In their appeal statement they say: “We feel that the records show that this application was not given a fair process.
“The early ‘call in’ to planning committee preceded any consultee responses or recommendation by the planning officer led to a conclusion which was manufactured to suit a foregone conclusion.
“We feel that the lack of any engagement with the agent throughout the process and a misinterpretation of consultees comments reinforced a knee jerk refusal with none of the concerns raised being insurmountable.”
They also say some of the language used in a report recommending refusal by officers was ‘inflammatory’ claiming they were not asked to provide environmental information regarding the contamination claims which they described as ‘ubnsubstantiated.”
Councillors rejected plans to build homes on a former gas works over concern the land could be contaminated and put the health of future residents at risk.
A meeting of Midlothian planning committee in October was told the plans for 14 new houses at Arniston Gas Works, near Gorebridge, were the fifth attempt in 17 years by developers to create homes on the land.
However concerns that previous uses of the site could have left the land unfit for residential use saw the council’s environmental health bosses call for it to be rejected and local ward councillor Ellen Scott agreed.
She told fellow elected members she was concerned that potential contamination would be a “very high risk to future residents”.
Officers said: “The previous site uses are the former gas works, shallow mine workings, coal bing and flytipping.
“On the basis of these comments, it is likely that contamination is present on site at such levels that it would pose a very high risk to the health of any future residents they recommend the proposal be refused.”
The committee unanimously agreed to refuse permission for the housing.
However in their appeal to Scottish Ministers the applicants point out Mr McHale is ‘respected local businessman’ who has helped the local economy and supported the community for years.
They said: “His intention for this development as an SME housebuilder is to develop this brownfield site over a period of time releasing 3-4 houses at a time which will assist in prosperity to the area for the local people over the course of the development and result in 14 new homes to add to local housing stock in the Borders Railway corridor.”
They are urging Ministers to overturn the decision by councillors pointing out the Local Review Body had overturned a previous rejection of plans for ten houses at the site in 2018 when it felt the land was suitable for housing.
The appeal will be decided by a Scottish Government Reporter.
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