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Planning application

35 Dick Place Edinburgh EH9 2JA

Refused City of Edinburgh 26/01205/CLP Certificate of Lawfulness (proposed)

Works: Extension

Refused. Only the applicant can appeal, within the statutory time limit, and a revised scheme can be submitted instead.

Proposal

Replacement driveway gates due to existing ones being in a dilapidated state, exacerbated by recent wind damage. I am trying to keep the appearance very close to the existing appearance, so the dimensions and opening direction are the same, and style and general colour are being kept as close to the existing ones as is feasible (same railheads etc.). The new material would be composite but should have the same effect as the existing wood infill.

As published by the council, reference 26/01205/CLP

Application record

Reference
26/01205/CLP
Type
Certificate of Lawfulness (proposed)
Status
Application Refused
Decision
Refused
Received
24 Mar 2026
Validated
24 Mar 2026
Decided
7 May 2026
Ward
Southside/Newington
Parish
Marchmont + Sciennes
Decision by
Delegated Decision
Postcode
EH9 2JA

Timeline

Dates from the published record

  1. 24 Mar 2026

    Received by City of Edinburgh

  2. 7 May 2026

    Decision issued: Refused

  3. 14 Aug 2026

    Added to PlanIndex

Documents

Plans, drawings, consultee responses and the officer's report

8 documents on file for this application

A planning file usually holds the application form, drawings and site plans, consultee responses, the officer's report and the decision notice.

Trade members open them from here.

Open the documents

What refusal means

The process from here

The council refused this application for the reasons set out on the decision notice, which the council portal holds in full. Only the applicant can appeal a refusal; the time limit runs from the decision date and is shorter for householder schemes.

Refusal does not prevent a fresh attempt. Applicants often address the reasons for refusal and resubmit, so a refused scheme is not necessarily the end of proposals for the site.

About lawful development applications

How this application type works

A lawful development certificate is a legal determination, not a planning judgement. It asks the council to confirm either that existing use or works are lawful, often through the passage of time, or that a proposal would not need planning permission at all. The applicant must prove the facts; the merits of the scheme are not considered.

More on lawful development applications in our guide

Nearby applications

Within 500 metres

  • 39 Dick Place Edinburgh EH9 2JA

    19/05690/VARY Submitted 29 Apr 2020 25m away

    Non Material Variation to 19/05690/FUL.

    Decided Conditions 3 docs
  • 44 Dick Place Grange Edinburgh EH9 2JB

    25/05303/TCO Submitted 6 Oct 2025 43m away

    94% historically approved · decision due ~1 Dec

    Eastmost Lime by front driveway overhanging street. Significant basal decay at the NW buttresses tree shows a lot of movement at the base during pull tests. Remove in the interests of safety.

    Awaiting decision Trees 7 docs
  • 38C Dick Place Grange Edinburgh EH9 2JB

    26/0214/TCO Submitted 24 Mar 2026 43m away

    T1 Holly - remove, T2 Cypress - Remove, T3 Rowan - Remove

    Decided Trees 6 docs
  • 36, 38A Dick Place Grange Edinburgh EH9 2JB

    26/0032/TCO Submitted 26 Jan 2026 67m away

    T1 Sycamore- heavily reduce lowest overhanging branch by max 2.5m (see photograph). Reduce upper overhang back to boundary by max 1.5m. Pre-Height:20m Pre-Width:14m Post-Height:20m Post Width:11.5m (as shown on updated photo) T2 Sycamore- reduce overhang back to boundary by max 1m. Pre-Height:20m Pre-Width:11m Post-Height:20m Post Width:10m T3 Sycamore- remove branch as annotated on photograph, max 1m Pre-Height:17m Pre-Width:10m Post-Height:17m Post Width:9m T4 Oak- reduce overhang by max 1.5m to clear away from customer's property Pre-Height:16m Pre-Width:14m Post-Height:16m Pre-Width:12.5m T5 beech- reduce overhang by max 1.5m from customer's property. Pre-Height:13m Pre-Width:15m Post-Height:13m Post Width:13.5m T6 oak- reduce in height by max 3m and width by max 4m. Pre-Height:16m Pre-Width:16m Post-Height:13m Post Width:12m T7 plum- reduce in height by max 2m and width by max 4m Pre-Height:10m Pre-Width:10m Post-Height:8m Post Width:6m

    Decided Trees 4 docs
  • 36 Dick Place Edinburgh EH9 2JB

    21/06531/TCO Submitted 13 Dec 2021 73m away

    Prunus in right hand side rear corner of the garden - remove the tree as it is dead and beginning to weaken and decay. Laburnum in left hand side upper rear section of border - remove the tree as it is dead and beginning to weaken and decay.

    Decided Trees 6 docs
  • 36 Dick Place Edinburgh EH9 2JB

    26/02288/LBC Submitted 28 May 2026 76m away

    89% historically approved · decision due ~27 Jul

    Internal alterations. Reinstatement of en-suite on ground floor level.

    Awaiting decision Heritage and listed buildings 6 docs

In City of Edinburgh

  • 26/03494/CLE Awaiting decision

    5 Harrison Road Edinburgh EH11 1EG

    The land behind 5 Harrison Road has been in use as my garden since 1984 when I developed it (i.e. from when I purchased the house). It is a fenced-in plot of land similar to all other garden plots in the street. It contains mature plants, trees and lawn. There are no structures (except the fencing) on the land. I understand that the garden appears on the council mapping since that time.

    28 Aug 2026 Lawful development
  • 26/03458/CLESTL Awaiting decision

    9 Myreside View Edinburgh EH14 1AG

    Application for the issue of a certificate of lawfulness confirming its existing use as a short-term let visitor accommodation.

    26 Aug 2026 Lawful development
  • 26/03446/CLESTL Awaiting decision

    3F2 30 Dickson Street Edinburgh EH6 8RR

    Application for the issue of a Certificate of Lawfulness confirming its existing use as a short-term let visitor accommodation.

    25 Aug 2026 Lawful development
  • 26/03431/CLP Awaiting decision

    11A South Learmonth Gardens Edinburgh EH4 1EZ

    New doors and window.

    24 Aug 2026 Lawful development
  • 26/03438/CLP Awaiting decision

    19 Westgarth Avenue Edinburgh EH13 0BB

    Proposed alterations to existing attic including new rear dormer, velux rooflights and front infill porch. Existing front dormer to be repaired/re-clad.

    24 Aug 2026 Lawful development