Cliff Hague Edinburgh wants its special gardens back

Ahuge, unauthorised development in East Princes Street Gardens opens for business this weekend. Edinburgh’s Christmas Market represents a failure of governance and planning by officials and inadequate oversight by councillors. If a blind eye is turned here, are all public spaces up for grabs?

After the Cockburn Association revealed that building had begun without planning permission, Londonbased Underbelly, which runs mega-events in London and Hong Kong, belatedly lodged a preapplication notice – required to allow the public to have a say because this is a major development. Almost all of East Princes Street Gardens is being decked over, with development on the paved area beside the National Gallery. While this retrospective consultation is a farce, the eventual application should not be rubber stamped. Nor should the council’s contract with Underbelly predetermine the decision. Officials must judge it against Edinburgh’s Local Development Plan (LDP).

This says: “Planning permission will not be granted for poor quality or inappropriate design or for proposals that would be damaging to the character or appearance of the area around it, particularly where this has a special importance.”

Are the stalls and plywood “poor quality or inappropriate design”? Do rides and decking damage the character of an area of special importance? The policy says the quality and character of the area must be respected and enhanced, and “local distinctiveness” should be generated. Does the German Market do this? The LDP also talks about respecting and enhancing “trees and woodland, landscape character, views and biodiversity”. Does covering the grass and boxing in trees satisfy this policy?

The impact on “the character of the wider townscape and landscape” is a factor, and where there is “a settled townscape character, new development proposals will be expected to have similar characteristics to surrounding buildings”.

Princes Street Gardens is at the heart of Edinburgh World Heritage Site. The LDP is unambiguous – development that “would have a detrimental impact on a site’s setting will not be permitted”. For development in a conservation area like the gardens, the LDP requires that it “a) preserves or enhances the special character or appearance of the conservation area. b) preserves trees, hedges, boundary walls, railings, paving and other features which contribute positively to the character of the area; and c) demonstrates high standards of design and utilises materials appropriate to the historic environment”.

These matters ought to have been addressed before, not after, building began. In a letter to the Minister, Kevin Stewart MSP, whose new Planning Act promised to “frontload” public involvement, the Cockburn Association said: “Public confidence in the planning system comes from the requirement that all parties must conform to the relevant legislation. No action to remedy this serious failing by the council has been made, other than to defer a decision. This, in effect, endorses the noncompliance of Underbelly.” The letter asks the Minister to take action.

In judging the application, planners will have to consider “other material considerations”. Underbelly will argue that the market is not permanent, brings in money, and supports Edinburgh’s tourist brand, and the Scottish Government’s prioritisation of economic growth. However, it is increasingly clear that Edinburgh’s citizens want their city back. We don’t have to hand our parks over to big business for months at a time. Why not have small Christmas markets in our neighbourhoods, as in many German cities? This could encourage local spending; promote charities and local groups; boost community identity and rebuild council-resident partnerships.

Cliff Hague is Cockburn Association chair.