Enforcement appeal as council moves to shut down Newtongrange waste recycling firm

Thursday March 24th 2022

the-aggregate-factory-newtongrange

The Aggregate Factory and Lothian Lift and Shift facilities on construction yard behind trees at Newtongrange.


Written by Local Democracy Reporter, Marie Sharp

A waste recycling firm, which has been ordered to stop operations for breaching planning regulations, has appealed claiming the rules were too ‘vague’.

Midlothian Council issued an enforcement notice on The Aggregate Factory over operations at an industrial site on Newbattle Road, Newtongrange, last month after it said repeated attempts to engage with the site users received no response.

The council said that two yards on the site were carrying out mechanical sorting and processing of aggregate materials, which were not covered by the construction yard use which had been approved by planners in 2018.

However in an appeal to Scottish Ministers, agents for Richard Mackie from The Aggregate Factory, which also operates Lothian Lift and Shifton on the site, said the council’s original planning permission had been ‘vague.’

The agents also claimed it was the local authority who made the mistake by wrongly classifying the type of industrial use.

They said: “The enforcement notice states that the unauthorised use is class 5 industrial due to an industrial process now taking place – ie the sorting of material .

“The original planning consent was vague and in our opinion should have been class 5 not Sui Generis. [unique]

“The consent could have specified the types of use in a contractors yard, which could cover a range of uses and industrial elements.”

In the appeal, the agents argue the council should have given the company an option to submit a planning application, which addressed the work at the site instead of ordering it to cease operations.

They said: “The historic environment of the ‘yard has been industrial for over 20 years , therefore it should be zoned industrial and not left as urban area, alternatively a degree of flexibility and discretion should be applied to planning consents and uses in this area.

“The enforcement notice could have provided an option for a planning application to be submitted to test the merits of the use at this location as there may be mitigation measures that could be attributed to reduce any potential impact on amenity.

“We therefore consider that a change of use is appropriate and the types of use set out for clarity.”

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