S1 Developments are excited to bring forward proposals for the site of the former Tynecastle High School, McLeod Street, Edinburgh, EH11 2NH

Read the proposals


S1 Developments is excited to bring forward proposals for the redevelopment of the former Tynecastle High School site. This will incorporate partial demolition and change of use of school buildings and new build to form student residential development with associated infrastructure and landscaping.

The developer has formally submitted a Proposal of Application Notice (PAN) to the City of Edinburgh Council, informing that it intends to submit a planning application for the development following a statutory 12-week pre-application consultation period.

This event provides the local community with an opportunity to view the proposals for the new neighbourhood and provide comments that will inform any possible future planning application.

We welcome your views to assist us in developing the proposals further and comment forms are available on the website. The proposed masterplan site presents a unique opportunity to shape a new neighbourhood to this part of the city.



Economic impact

The development could provide c.500 student beds.

S1 Developments have commissioned a detailed analysis on the potential positive impact the development can have on the local economy.

Current figures suggest an average spend of £9,204 per annum, per student, exclusive of accommodation and tuition fees (National Union of Students (2013) Student contributions to the UK economy, pg 13).

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Development Background

The former Tynecastle High School ceased being used as a school in late 2009, with the school moving to a state-of-the-art new school building across the road from the original site in January 2010.

The constrained nature of the site meant that there were limited redevelopment options. In 2014, the neighbouring North British Distillery (NBD) acquired the site and used it for a short period for informal parking. The continued deteriorating nature of the site led NBD to examine alternatives, including several options for redevelopment for community uses and other purposes.

Unfortunately, the cost of redevelopment and the constraints associated with the neighbouring operations meant that an alternative use could not be found. The site was therefore marketed in 2020.

The site has a number of very specific constraints that require to be taken into consideration in determining the use and development form and seriously limit its potential for residential development.

The Site

The site extends to 1.53 hectares and comprises a two-storey ‘L’ shaped building along the eastern (McLeod Street) and southern boundaries and a similarly ‘L’ shaped deck access building on the west and north boundaries – together, they form a broad courtyard feature. Several later buildings and extensions occupy the courtyard. 

The site is easily accessed via the A71 and McLeod St and is well connected in terms of public transport.

Proximity to NBD

The site shares a boundary with NBD to the immediate west. The nature of the distillery operations will impact amenity in terms of safety, air quality and noise.

Any new development must not compromise the neighbouring established employment use through the introduction of uses that give rise to amenity complaints. It is also imperative that any new use is capable of being designed in such a way to limit the impacts on the potential users/occupants of the site.

The site also sits next to, and partially within, the Health and Safety Executive Consultation Zone for NBD. This restricts the extent of development along the boundary and prevents the existing buildings on the western boundary from being developed for alternative uses. A single-use could make it easier to mitigate amenity impacts and ensure an acceptable relationship can be accommodated between existing and proposed uses.

Proximity to Tynecastle Stadium

Tynecastle Stadium sits to the immediate south of the site. Noise, light and traffic are likely to negatively impact amenity on match days. These issues, and the relationship with the Stadium, must be considered in determining the proposed development form. 

Again, it is important that the proposed development uses do not give rise to a conflict with the Heart of Midlothian Football Club, which is an important asset for the community.

Proximity to the Western Approach Road

The Western Approach sits to the immediate north of the site and will impact both noise and air quality along the northern edge. The steep embankment leading up to the road, which sits 9 metres above the site, will also impact daylighting to the northern edge.


Ample bus routes nearby provide access to all three universities, whilst the city campuses are accessible by walking and cycling via quiet street routes and dedicated cycle/walking paths.

Planning Context

While the Development Brief is dated, it indicates CEC’s aspirations for the site, namely the retention of the main school building along the eastern and southern boundary and demolition of later additions to open up the rest of the site.

Whilst the HSE consultation zones used to limit the extent of redevelopment options, subsequent developments have reduced the size of the consultation zones, providing more significant opportunity for redevelopment.

The Development Brief showed CEC’s intention for only the L-shaped building along the eastern and southern boundaries as being retained.


As highlighted, the former Tynecastle High School site has been vacant for more than ten years and, despite maintenance, has slowly fallen into a derelict condition. In our opinion, the open market is unlikely to encourage residential development overlooking a distillery, next to a stadium and adjacent to a busy approach road.

Health & Safety Executive & Sewer Constraints

The HSE has set ‘consultation zones’ associated with the business activities of North British Distillery Company (NBDC) and neighbouring company MacFarlan Smith. The consultation zones require CEC to utilise HSE’s consultation system on any planning applications for redevelopment. The consultation zones are split into “Inner”, “Middle”, and “Outer”, with the inner and middle zones generally being more restrictive to redevelopment for alternative use.

Neighbouring Developments & Existing Buildings

The former Tynecastle High School is overlooked by the North British Distillery, Tynecastle Stadium and is adjacent to the busy Western Approach Road.

HSE Consultation Zone

Since the Tynecastle Development Brief was approved, the consultation zones have been reduced such that the majority of the site now sits out with the consultation zones.


The Importance of Heritage

Scottish Planning Policy states, “The planning system should…enable positive change in the historic environment which is informed by a clear understanding of the importance of the heritage assets affected and ensure their future use..”

Managing Change in the Historic Environment: Use and Adaptation of Listed Buildings note “For a building to stay in use over the long term, change will be necessary….Proposals that keep buildings in use, or bring them back into use, should be supported as long as they do the least possible harm.”

The constraints affecting the site have mitigated against the viable redevelopment of the Category B listed school since its closure in 2009. 

Even with the removal of later extensions and accretions, it will not be practically or economically possible to retain all of the original elements.

The proposed development provides a significant opportunity to restore as much as possible of the original school in a sustainable long term future use by integrating this within the wider redevelopment of the hinterland of the site in a viable complimentary use.

Community Ties

We are keen to engage with the local community and have already met with a number of local charities/community groups to understand how the development can best serve the local area. 

We would like to incorporate a dedicated community space into the scheme. The proposed space would directly face McLeod St, providing both an active frontage to the street and a simple point of access for the potential end-user.

Listed buildings

The buildings and the site’s other associated features are Category B Listed. The full listing description can be found on Historic Environment Scotland (HES) Portal Reference: LB26950

Although all buildings on the site (including gates, gate piers and railings) fall within the Category B Listing, the principal listed buildings comprise the two-storey ‘L’ shaped building along the eastern (McLeod Street) and southern boundaries, and the similar ‘L’ shaped workshops on the west and north boundaries.

Approach: Building Removal 

The buildings, and other associated features on the site, are Category B Listed. Careful consideration has been given to the suitability of the existing buildings for adaptive reuse.

The original school building on McLeod St will be retained and restored as an integral part of the new development. The value of the new build is meeting the cost of the restoration to the rear.

Creating Courtyards

Two large landscaped courtyards could be supplemented by additional pocket parks and green planted strips throughout the development. 

Contrasting with the existing hard-landscaped surfaces, the new soft-landscaped outdoor amenity space would reduce development density

through the centre of the site.

Massing – Relationship 

Development zones to the north and west of the site could be formed to compliment the retained existing school building. New building within these zones would be designed as subservient to the existing school building, with the heights dropping down to tie in with the existing building datum.

Relationship to Western Approach Road

Aside from providing accommodation, the new buildings could serve a dual function within the wider site strategy; acting as a buffer to NBD and the Western Approach, and forming a new collegiate style courtyard at the heart of the development.


A student scheme allows making the development completely car-free, thus reducing local traffic and air quality.

• 100% cycle provisions – encouraging sustainable transport

• 100% electric – no fossil fuels

• Sustainable Technology – Air Source Heat Pump for water heating

• Adaptive Re-Use – embodied carbon of existing building

• Increase Bio-Diversity of Site -landscaped Areas replace tarmac car park areas

Proposed Use: Student Residential

Addressing Student Demand

The City of Edinburgh Council’s Locality and Ward data profile identifies student levels as being relatively low (at 14.8%) and below the level of 15.8% for the city as a whole. Even with the addition of recently granted and planned accommodation, the proposed development will not create an unsustainable concentration of student accommodation.

S1 has commissioned a detailed socio-economic analysis of the local area to help us understand the likely impact of the proposed scheme. 

This information, coupled with feedback from the local community, will inform our decision-making process as the design develops.

Student Housing

The option of student development creates the opportunity to retain the main listed building and boundary walls that were identified in the original Council brief (Tynecastle Development Brief 2004). 

The change from an education campus to a student campus provides a modern re-use of the existing building. This allows it to be retained as the focal point within the street, with purpose-built student accommodation located behind the original building screening the industrial NBD uses to the west.

Difficulties in addressing residential 

  • Viability of Retaining The Listed Building

The condition of the Listed Building makes its use for other purposes difficult to achieve. The existing layout and existing building division work well for student use, involving less intervention preserving more of the features of interest.

  • The setting of the Listed Building

New development must respect the setting of the Listed Building; that means, that if the main school building is to be retained, new development must provide a degree of separation that acknowledges and respects its setting. 

This pushes development toward the fringes of the site and closer to the constraints associated with neighbouring uses.

  • Quality of prospective development

While S1 predominantly develops residential development, as a commercial company, we must be alive to the market demand and the likelihood of building a quality of development that will suit buyers and provide an appropriate standard for prospective residents. 

The position adjacent to Tynecastle Stadium, The Distillery and the West Approach Road makes this more difficult to achieve viably for open market housing whist also retaining the Main Listed Building. The nature of student development allows amenity to be created in a different way orientating and design development in such a way that it can limit the views out of the site and create a shared student amenity space in the centre of the site


Single-Use Control – addressing Env Health concerns

It is paramount that any incoming use does not undermine the existing businesses and employers in the immediate vicinity. 

Whilst both the stadium and distillery are both familiar and established uses within Gorgie, developing in this proximity will demand careful design consideration to ensure that matter of noise and air quality are mitigated through design.

 In student development, we can build a market-leading development in terms of the amenity that it will offer with control mechanisms that allow noise, light, and air quality to be regulated so that the development fits with the mixed-use nature of the surroundings.

A student population is likely to occupy the accommodation for fewer hours per day than other types of residents and is considered to be less sensitive to the potential effects of surrounding noise and the visual impacts of the surrounding uses.

The lack of requirement for private outdoor amenity space per unit, coupled with the uniformity of each unit, provides more flexibility in the design and selection of construction materials and the location of ventilation ducts for the development in order to achieve this.

A building under single user control has the ability to introduce control measures that will ensure that the amenity and safety can be maintained, e.g. ventilation systems and acoustic design.  It also affords opportunities to install site-wide green energy provision under the control of a Building Energy Management System (BEMS) to minimise energy consumption and improve sustainability.

A student development is a car-free development ensuring there is no increase in local traffic or associated air pollution.

  • Addressing pressures on Traditional Housing Stock within Gorgie

Edinburgh has 54,995 full-time students and only 14,063 beds in university halls of residence. The private sector operators currently provide 5,357 direct let bedrooms meaning that a total of 19,420 (35.31%) students can access purpose-built university or private sector accommodation, indicating that 35,575 (64.69%) of students must obtain accommodation elsewhere.

  • Student numbers continue to rise

Current information suggests that student numbers are rising at a rate of 3% per year. Inevitably this means that there will be increasing putting pressure on traditional housing stock. The Council’s preferred position is to ensure where possible that student needs are met as far as in well managed and regulated schemes as these have reduced issues of antisocial behaviour.

  • Good site that is within a mixed-use area

The former high school site is separated from residential accommodation on the opposite side of McLeod Street and sits surrounded by commercial uses. The Student Use will not adversely affect existing neighbouring properties. The re-use of an educational campus allows the site to be re-used to meet the demands for Higher education.

About Us

S1 Developments is owned and led by brothers Dan and Shane Teague. Both brothers were raised in Edinburgh, Dan’s background is construction law while Shane boasts over 20 years experience in construction management delivering high value assets across commercial and residential sectors.

Formed in 2007, S1 Developments have completed a series of successful new build and conversion projects in Edinburgh’s most exclusive and challenging locations. S1 Developments is an opportunity based development company and main contractor with an expertise in delivering exceptional schemes, quickly and efficiently. S1 target sites that afford the opportunity to tailor and bespoke each development to their own understanding of the Edinburgh property market. In 2015, 2016 and 2017 S1 Developments were crowned Scottish House Builder of the year (less than 150 units).

Orbit Communications (PR & Public Affairs) Ltd – Privacy Policy

We, Orbit Communications (PR & Public Affairs) Ltd (“Orbit”) are collecting your data on behalf of S1 Developments Limited (“S1 Developments”) and reviewing, and storing it for the purposes of completing a public consultation process (the “Consultation”) as part of S1 Development’s application for planning permission in relation to the development of the former school site known as old Tynecastle High School, Edinburgh.

This privacy policy will explain how we will use the personal data we collect from you in connection with the Consultation. Please note that we operate other websites and consultations and if you have any questions about how we are using your data, other than in connection with the Consultation, you should visit our home website:

We reserve the right to amend this privacy policy to reflect changes to our business, website or to data protection legislation. You should therefore revisit this privacy policy on a regular basis to ensure you are familiar with its terms.

We keep this privacy policy under regular review and will place any updates on this web page.

Who we are

This Website is operated by Orbit Communications (PR & Public Affairs) Ltd.

Orbit and S1 Developments are joint Data Controllers in relation to the data collected in connection with the Consultation. We, Orbit, will be your main point of contact in relation to use of your data in connection with the Consultation and will manage all engagement with you on our own behalf and on behalf of S1 Developments. When we refer to “we” in this Privacy Policy, we are referring to Orbit.

Orbit Communications (PR and Public Affairs) Ltd is a limited company registered in Scotland. Registered number: SC395892. Registered office: 1 George Square, Castle Brae, Dunfermline, Fife KY11 8QF.

For information, S1 Developments’ details are also included here:

S1 Developments Limited is a limited company registered in England. Registered number 06378284. Registered office 1 Queens Parade, Brownlow Road, London, N11 2DN

S1 Developments has engaged us to conduct the Consultation and S1 Developments will receive anonymised information about your response to the Consultation. S1 Developments will also form part of the panel hosting the virtual consultation event taking place on this website on 10 June 2021 and, as such, will have access to any personal data that is voluntarily shared by participants using the web chat facility for that event.

How to contact us

If you have any questions about this Privacy Policy or the information we collect or use about you, please contact;

FAO Data Protection Officer
Orbit Communications PR & Public Affairs LTD
4 Queen Street


How do we collect your data?

You will directly provide most of the data we collect. We (Orbit) collect data and process data when you:

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Personal data collected

Personal data means any information about an individual from which that person can be identified. It does not include any data which has been anonymised such that a person’s identity is removed.

We collect the personal data you give us when you engage through the live web chat facility on this website, within the consultation feedback forms you submit, when you email us, contact us and when requesting information. This information is likely to include:

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  • Any additional information you choose to provide

Please remember that when you are using our live web-chat functions your questions and responses are public and you should take care not to disclose anything you would not want to be publicly available.

We do not invite you to provide special categories of personal data (personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data (where used for identification purposes), or data concerning health, a person’s sex life or a person’s sexual orientation) to us, but we understand that in providing your feedback/comments on the Consultation you may provide such information and we process such information on the basis that you have made it manifestly public.

Purpose/ legal basis for collection of personal data

We (Orbit) are collecting your personal data for the purposes of completing a public consultation process as part of S1 Developments’ application for planning permission in relation to the development of the former school site known as Tynecastle High.

We will use your personal data for the purposes of collating a report on responses to the Consultation, which will only be shared on an anonymised basis as explained below. We will also use your personal data to contact you in relation to comments and feedback you have provided in relation to the Consultation, if necessary, and to facilitate your participation in the virtual consultation event taking place on this website on 18 May 2021.

It is in our legitimate interests and those of S1 Developments to collect your personal data as it provides us and S1 Developments with the information that we need to keep accurate records of your participation in the Consultation, and so that we can contact you to clarify or respond to your comments.

How long do we keep this data?

Your personal data will be securely retained until the planning application and/or planning appeal, has been fully determined and then your personal data will be securely deleted.

Who has access to this data?

Only Orbit will collect and store all personal data submitted as part of S1 Developments’ consultation.

Comments and feedback provided as part of the consultation will be received directly by Orbit and shared with S1 Developments, S1 Developments’ appointed architectural consultant and the Planning Authority (as part of the planning application process) on an anonymised basis only.

Representatives from S1 Developments and its architectural consultant will form part of the panel hosting the virtual consultation event taking place on this website on 18 May 2021 and, as such, will have access to any personal data that is voluntarily shared by participants using the web chat facility for that event.

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What are your data protection rights?

We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

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If you make a request, we have one month to respond to you and we may ask you to verify your identity before we respond. If you would like to exercise any of these rights, please contact us via:


Call us at:

+44 (0)131 603 8996

Or write to us:

FAO Data Protection Officer
Orbit Communications PR & Public Affairs LTD
4 Queen Street

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Changes to our privacy policy

Our Company keeps its privacy policy under regular review and places any updates on this web page.

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If you have any questions about this privacy policy, the data we hold on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us.

Call us at:

+44 (0)131 603 8996

Or write to us:

FAO Data Protection Officer
Orbit Communications PR & Public Affairs LTD
4 Queen Street

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While we hope that we can resolve any complaints for you, you do have the option complain to the ICO (whether or not you have exhausted our complaints procedure).

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Postal address: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

Telephone: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number.

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  • Send you information about other products and services that may be of interest to you.
  • Verify your identity.
  • Analyse it so that we can administer, support, improve and develop our services to you.
  • Obtain your views or comments on the services we provide.
  • Notify you about important changes or developments to our services.

Further, where you have consented, we might also use your information to let you know about other services which we or a specially selected third party offers. This might include, but might not be limited to, information relating to new property developments, properties for rent, home improvement, technology, any of which may be of interest to you. We may contact you by post or telephone, as well as by e-mail. We may also send you newsletters containing general information regarding our services

You may ask us to remove you from our mailing lists at any time by writing to us at our registered office. You may also contact us in order to exercise your option of correcting your details and of being removed from our mailing lists when we send you email alerts or other information


If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us via:


Call us at:

+44 (0)131 603 8996

Or write to us:

FAO Data Protection Officer
Orbit Communications PR & Public Affairs LTD
4 Queen Street

If you have any questions about our privacy statement or the information we hold about you, please contact us on

This Site (“the Site”) is subject to the following terms of use (the “Terms”). By proceeding to view this Site or any part of it, you acknowledge that you have read, understood and accepted these Terms, which shall constitute the entire binding agreement between you and Orbit Communications (PR & Public Affairs) Ltd and Their Partners in this process (“Orbit Communications”), who control and operate the Site, in respect of your use of the Site. No other terms shall apply.

These Terms may be varied by Orbit Communications from time to time and the revised Terms will be deemed to apply at the relevant time in respect of your registration and/or use of the Site.

If you breach any of these Terms, your permission to use the Site automatically terminates and you must immediately destroy any downloaded extracts from the Site.

Accuracy of information on our site

This Site comprises marketing material produced by Orbit Communications & Partners in respect of development proposals for [New Site]. The Site is intended to assist those with an interest in the proposed development.

These terms of use relate to such proposals and how it can be used and downloaded by the user only.  The Site and its contents are presented in good faith and Orbit Communications & Partners, its affiliates, and service provision companies have made all reasonable endeavours to ensure that material contained within it is accurate.

Nothing in this clause is intended to exclude or limit liability for fraud or for fraudulent misrepresentation or any other liability which may not be legally excluded or limited.

Orbit Communications & Partners believes all information on the Site is up to date at the time it is posted.

Orbit Communications & Partners reserves the right to add, alter or delete material from the Site at any time and may, at any time, revise these Terms without notifying you. You are bound by any such amendments and Orbit Communications & Partners therefore advises that you periodically visit this page to review the current Terms.

Whilst Orbit Communications & Partners uses reasonable efforts to include accurate information in the Site, it makes no warranties or representations as to the accuracy of any information given and all such warranties (whether implied or otherwise) are excluded to the extent permitted by law. Orbit Communications & Partners excludes all liability for any errors or omissions in the content of the Site to the fullest extent permitted by law.

The particulars contained on the Site are for guidance purposes only.

Orbit Communications & Partners advises that you take appropriate steps to verify any information upon which you wish to rely.

Linking to third party websites

The Site may be hypertext linked to websites operated by third parties for reference and information purposes only. Orbit Communications & Partners has not reviewed and cannot be responsible for the privacy policies and practices of other websites even if you access them using links from the Site and recommends that you check the terms and conditions and privacy policy of each website you visit and contact its owner or operator if you have any concerns or questions.

Likewise, if you linked to the Site from a third party website, Orbit Communications & Partners cannot be responsible for the privacy policies and practices of the owners or operators of that third party website and recommend that you check the policy of that third party website and contact its owner or operator if you have any concerns or questions. Orbit Communications & Partners makes no warranties or representations in respect of any linked third parties’ websites. Orbit Communications & Partners excludes all liability for loss or damage to the fullest extent permitted by law arising in respect of any content on such websites.

For the avoidance of doubt, the presence of a link to a third party website will not be deemed to be a recommendation of such websites or any advice or information on them by Orbit Communications & Partners.

Our liability

The Site and the information contained on it is provided on an ‘as-is’ basis and Orbit Communications & Partners shall not be liable to you in respect of the Site or the use, accessing, downloading or relying on any information contained or referred to on the Site. Orbit Communications & Partners excludes all liability to the fullest extent permitted by law whether in contract (including under any indemnity or warranty), in tort (including negligence), under statute or otherwise for (but not limited to) any loss of profit, loss of revenue, loss of anticipated savings, loss or corruption of data due to viruses or otherwise, loss of contract or opportunity, loss of goodwill or indirect or consequential loss of whatever nature including (without limit) any loss of a type described above which could be regarded as indirect or consequential and whether or not reasonably foreseeable by you, a third party or Orbit Communications & Partners in connection with the Site.

Whilst Orbit Communications & Partners makes reasonable attempts to exclude viruses and other harmful components from the Site, its content or server, it cannot guarantee such exclusion and makes no warranty to that it makes such exclusion, to the extent permitted by law excludes all liability for viruses which may be downloaded from the Site. Orbit Communications & Partners recommends that you take all appropriate safeguards prior to downloading information from the Site.

Orbit Communications & Partners excludes all implied warranties to the fullest extent permitted by English law.

For the avoidance of doubt, nothing in the Terms will exclude or limit the liability of Orbit Communications & Partners in respect of death or personal injury due to the negligence of fraud of Orbit Communications & Partners.

Intellectual property and copyright

You acknowledge and accept that all of the copyright, database rights and any other intellectual property rights which subsist in the design, layout, processes, functions, data and content of the Site are the property of Orbit Communications & Partners, its affiliates, its information providers or licensors. The Site is owned and operated by Orbit Communications & Partners and its affiliates. No part of the Site, its content or any of its underlying software and databases may be copied or reproduced, shared with third parties, reverse engineered, reverse assembled, or used to create any derivative work (whether in physical or electronic form) without the prior written consent of Orbit Communications & Partners.


You are permitted to download extracts from this website on the basis that no material may be copied, modified, added to or distributed in any way. You may download one copy of the material on any single computer for your private use only, provided that you keep intact all copyright and other proprietary notices. You are not permitted to publish the contents of the Site including but not limited to publication on any other website or computer environment. If you are dissatisfied with the web-site or any content or material on it, your sole exclusive remedy is to discontinue use of the web-site.

International use

The Site complies with Scottish & English law. If you are not based in the UK, then you are not authorised to use the Site and Orbit Communications & Partners will not be responsible for any loss or liability arising as a result of any such unauthorised access.

Changes to the site

The format and content of the Site may be changed at any time without notice. Its operation may be suspended or discontinued for support or maintenance work, in order to update its content or for any other reason. Access may be terminated either in relation to specific users or generally at any time and without notice.

Privacy policy

Personal details provided through this web-site will be used in accordance with our privacy policy. By providing your personal details you are consenting to its use in accordance with our privacy policy.

Information provided to us

If any user of the Site, or any other person, that views a Orbit Communications & Partners published document responds with any information or feedback such as questions, comments, suggestions, or the like, such information will be deemed to be non-confidential and Orbit Communications & Partners is at liberty to use, reproduce, disclose and distribute that information to any other person.

Further, Orbit Communications & Partners is at liberty to use or exploit any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever without charge including, but not limited to, developing, manufacturing and marketing products or services incorporating such information.