The company argued that the site, which it acquired from gas distribution firm SGN in November 2022, had been used for storage purposes for over 30 years. However, earlier this year, Scottish Borders Council rejected their application due to flood risk concerns, a decision RCR appealed to the Scottish Government.

In the appeal, RCR maintained that their proposal was a continuation of the site’s historical use, claiming that SGN and other contractors had stored waste, signage, barriers, and other materials there. But SGN contested that characterisation, stating in planning documents: “While the site may have been used by the local depot as a storage area, officially, the site was classified as vacant with access for maintenance purposes only.” They added that it would be an overstatement to describe it as a storage facility, the BBC reports.

Key to the appeal’s outcome were satellite images from Google Earth, submitted as evidence by the Scottish Government’s planning reporter, Malcolm Mahony. Imagery from 2007, 2014, and July 2022 revealed no consistent signs of storage activity. The site appeared overgrown with entrance blocks in the most recent images, while storage containers only appear in later views dated 2025, after RCR acquired the site.

Local residents also challenged RCR’s version of events. Aileen Logan, a resident for 45 years, wrote to the government stating: “There was a working gasometer on the site which was later removed, and the site was locked up and abandoned, becoming heavily overgrown. At no time did the Gas Board use this site for storage.” She also expressed concerns about the narrow access road, calling it unsuitable for commercial traffic.

Ross McGinn, another long-term resident and member of Innerleithen Community Trust, described RCR’s assertions as “totally false.”

After reviewing all evidence, Mr Mahony concluded that RCR had failed to demonstrate continuous use of the site for storage over the required 10-year period. As a result, the appeal was dismissed.