Monday March 2nd 2026
Plans for houses within woodlands at Kirkhill, Gorebridge, have been rejected
Written by Local Democracy Reporter, Marie Sharp
Scottish Ministers have rejected a £4million bid to build 14 houses at a former gas works in Midlothian over concerns it would cause ‘significant’ harm to ancient woodlands.
Local businessman J McHale appealed to Scottish Ministers after Midlothian Council refused permission for his plans for the Arniston Gas Works site on the edge of Gorebridge.
He claimed councillors had been manipulated to vote against his proposals with the use of ‘inflammatory language’ relating to potential contamination on the site.
And he said he was ready to invest up to £4million building 14 houses at the site.
However the Scottish Government Reporter raised concerns about the impact of his housing plan on surrounding woodlands, which include ancient woods, as well as a nearby listed building.
The Reporter said only 25 per cent of the site put forward for development had been used as gas works in the past with the remaining 75 per cent of the site showing ” no evidence of previous use”.
And she was critical of claims in the applicant’s documents that only trees on the boundary of the site would be affected by the new housing saying: “I consider the proposal by its very nature would require the removal of a substantial amount of the existing biodiversity from the site.
“The site includes ancient woodland, mixed woodland, broadleaved parkland and scattered trees. I noted on site that the trees are not located solely on the site boundaries, as suggested within the appeal documents, but rather that there are numerous trees of varying maturity throughout the site that would be affected by the proposed development.
“Whilst the appellant’s design and sustainability statement confirms their intention to retain trees to boundary areas, I agree with the council that in
reality the retention of the majority of trees across the site would be incompatible with developing 14 dwellings and associated infrastructure.”
Appealing to Scottish Ministers the applicants had claimed they were denied ‘fair process’.
Now, in an appeal to Scottish Ministers, agents on his behalf have claimed he was denied ‘fair process’.
They also said 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 ‘unsubstantiated.”
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.
The Reporter said more information was needed to establish the risk of contamination on the site and she could not make a determination on the impact of it without more investigation.
Rejecting the appeal the Reporter acknowledged there were positive aspects to the planned housing through design and materials proposed but said they did not “outweigh the harm that would arise from the proposal as a whole”.
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