Councillors have granted approval for an area of woodland to become a garden despite concerns it was against Scottish Government policy.
The owners of The Clockhouse at Carberry Courtyard, Whitecraig, applied to East Lothian Council for a retrospective change of use of the woodland area of their property into a garden.
They said the area classed as woodland had been used as part of their garden since they bought the property in 2013.
The application came before the council's Local Review Body for a decision after planning officers failed to rule on it within a two-month deadline.
And at a virtual meeting of the review body today councillors granted permission after being told neighbouring properties had been given the go ahead for very similar change of uses to their land in recent years.
Planning adviser Marek Mackowiak said the planning case officer had concluded that it would be unreasonable to refuse planing permission given the neighbouring changes.
However he said the council's landscape services had raised concerns about the move citing Scottish Government policy which does not support a change of use from woodland to garden.
When questioned about why landscape officers had objected on this occasion when neighbouring gardens were granted permission for it in 2013 and 2019, he was unable to say whether similar concerns had been raised pointing out the Scottish Government policy has been in place since 2009 .
Councillor Fiona O'Donnell asked for a condition to be introduced to either ensure a "substantial and beautiful" tree on the site would be protected or that the council apply for a Tree Preservation Order for it after visiting the garden.
She said: "I was surprised you can have an area in a garden that can be designated woodland."
The review body was asked to include a condition ensuring any future permitted development in the garden required to come back to planning of they approve the change of use.
They were also asked to grant planning permission to a garden room and patio area in the garden.
Giving the change of use and planning permission approval, review body chairperson Councillor Jeremy Findlay said: "I am a great believer in outdoor space for families."
Fellow body member Councillor John Williamson added: "I think what is proposed is reasonable."
The change of use application was lodged in September with East Lothian Council planners.
However, after planners failed to make a decision within two months of the application being validated the applicants appealed to the Local Review Body.
Mr Mackowiak told the review body that the applicants reason for appealing was that they had "received no feedback" in the time limit given.
