THE leader of East Lothian Council “misdirected” the planning committee when ruling on an application for three family homes, according to an appeal with the Scottish Government.

Members of the local authority’s planning committee were divided on whether to approve Carol Auld’s proposals for three homes on Elphinstone’s western edge.

With the vote tied at 5-5, Councillor Norman Hampshire voted for the scheme to be turned down.

He told members: “If we start giving up sites that are not part of the Local Development Plan, we will be in trouble as a planning authority, but members, if you make that decision, it is your choice, but it is going against years and years of difficult planning decisions that this planning committee has taken and we will just have to see what happens with this.”

Now, an appeal has been lodged with the Scottish Government’s Planning and Environmental Appeals Division in a bid to see the decision overturned.

Documents included in the appeal outline why they believe the plans should have been approved.

READ MORE: Plans for three homes on edge of Elphinstone turned down

Tony Thomas, representing Mrs Auld, who planned to live in one of the three homes, with her daughters living in the neighbouring properties, said: “It was unfortunate that the convener of the planning committee (and also leader of the council) misdirected the committee in expressing concern as to the setting of a damaging precedent that would weaken the council’s ability to prevent inappropriate development across the county.

“Precedent cannot be set in planning due to the unique nature of each and every application.

"In this instance, we have a local project for local people, supporting local businesses on a site that represents an obvious, effective and appropriate modest expansion of Elphinstone.”

East Lothian Council had ruled that the homes would be development in the countryside and also that it did not meet the requirement of the operation of a business.

READ MORE: Appeal to be launched against rejection of Elphinstone homes

On the opposite side of the B6414, which cuts through the village, Bellway Homes is building 90 homes – with plans for a further 111 properties to the north of the site also being weighed up by the local authority.

Mr Thomas argued that “to all intents and purposes, the site is now within the settlement of Elphinstone and any reasonable assessment would reach this conclusion”.

He said: “The homes are for three local families who support the local school and run at least three local businesses, employing over 30 mainly local staff.

“The proposals will deliver three attractive, high-quality and affordable (to them) homes at a sustainable location adjacent to where they work alongside each other.

“In this instance, the new homes would support the rural community.

“The appellant is a longstanding local resident and businesswoman whose family has roots in the village going back well over a century.”

READ MORE: Sewage concerns delay decision over Elphinstone homes plans

He also argued that the site of the proposed houses tied into business.

Mr Thomas said: “The adjacent businesses include an EVRI distribution depot that has been established at this location for over 30 years, a landscaping/maintenance business and the keeping of animals including the training of racehorses on the adjacent land and buildings.”

A spokesperson for East Lothian Council said: "Reasons for refusal of planning permission were stated at the planning committee meeting on September 3 and it would be inappropriate for us to comment further pending the outcome of this appeal.”