(b) Planning Decision Notice, Report of Handling and Reference Documents (Pages 111-136)
Perth and Kinross Council · 22 June 2026
Back to Local Review Body — 22 June 2026 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Some pages contain no extractable text. They may be blank, graphics or scanned pages. OCR has not been applied.
Page 1
4(ii)(b) LRB-2026-09 LRB-2026-09 25/01404/FLL - Erection of fences and gates (in retrospect) Flats 1 and 2 Old Rectory, 61 Main Street and 63A Main Street, Invergowrie, Dundee, DD2 5BA Planning Decision Notice Report of Handling Reference Documents (part included in applicant’s submission, pages 101-104)
Page 2
No embedded text on this page.
Page 3
Page 1 of 3 Mrs Dawn Clarke c/o Architectural Design Douglas Carrie East Mirimar Marketgate South Crail KY10 3TJ 2 High Street Perth PH1 5PH Date of Notice: 19th January 2026 Town and Country Planning (Scotland) Act (as amended) Planning, etc. (Scotland) Act 2006 (as amended) Application Reference: 25/01404/FLL I am directed by the Planning Authority under the Town and Country Planning (Scotland) Acts currently in force, to refuse your application registered on 21st November 2025 for Planning Permission for Erection of fences and gates (in retrospect) Flats 1 And 2 Old Rectory 61 Main Street And 63A Main Street Invergowrie Dundee DD2 5BA Kristian Smith Development Management & Building Standards Service Manager Reasons for Refusal 1. The fences and gates, by virtue of their design, height, length and siting, are visual clutter and have resulted in the loss of a large open garden area to the south of the listed building. As such, the fences and gates are detrimental to the character and setting of the category B listing building. Approval would therefore be contrary to Section 59 of Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, which requires planning authorities to have special regard to the desirability of preserving the listed building and its setting; contrary to Policy 7(c): Historic Assets and Places (Listed Buildings) of National Planning Framework 4; and contrary to Policy 27A: Listed Buildings of the Perth and Kinross Local Development Plan 2. 2. The fences and gates, by virtue of their design, height, length and siting, have a detrimental impact on the character and environmental quality of the application property and the surrounding area. Approval would therefore be contrary to Policy 16(g)(i): Quality Homes of National Planning Framework 4; and contrary to Policies 1A and 1B(c): Placemaking of the Perth and Kinross Local Development Plan 2.
Page 4
2 Justification The proposal is not in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Notes 1 Following the refusal of this retrospective application, the applicant should be aware that this matter is now being referred to the Planning Enforcement Team. 2 Some of the fences have been attached the Listed Building without the requisite Listed Building Consent. At the date of this decision, a valid application for Listed Building Consent has not been submitted. The plans and documents which form part of this decision are listed below and are displayed as ‘refused’ on Perth and Kinross Council’s website at www.pkc.gov.uk “Online Planning Applications” page Plan Reference 01 02 03 04 05 06 07 Should you require further information regarding the decision please contact either developmentmanagement@pkc.gov.uk or call 01738 475300, quoting the above planning reference number, and you’ll be directed to the most appropriate person.
Page 5
REPORT OF HANDLING DELEGATED REPORT Ref No 25/01404/FLL Ward No P1- Carse Of Gowrie Due Determination Date 20th January 2026 Draft Report Date 16th January 2026 Report Issued by David Rennie Date 16th January 2025 PROPOSAL: Erection of fences and gates (in retrospect) LOCATION: Flats 1 And 2 Old Rectory 61 Main Street And 63A Main Street Invergowrie Dundee DD2 5BA SUMMARY: This report recommends refusal of the application as the development is considered to be contrary to the relevant provisions of the Development Plan and there are no material considerations apparent which justify setting aside the Development Plan. BACKGROUND AND DESCRIPTION OF PROPOSAL The application properties are flats within The Old Rectory, a substantial subdivided villa situated in Invergowrie. The Old Rectory is a category B listed building (Historic Environment Scotland ref: LB12850). Details of the listing are available at INVERGOWRIE 61 MAIN STREET, OLD RECTORY, INCLUDING BOUNDARY WALL (LB12850) Full planning permission is sought to erect timber fences with timber gates in the garden ground to the south of The Old Rectory. As the fences have already been erected, the application is in full retrospect. Some of the fences have been attached the listed building without the requisite listed building consent. The applicant's agent has submitted an application for listed building consent. However, the application cannot be validated or determined as the requisite information has not been submitted by the agent, and the agent has not responded to numerous requests to provide additional information.
Page 6
SITE HISTORY 05/00085/PPLB Erection of a conservatory 6 May 2005 Application Approved 25/01406/LBC Erection of 3 fences and gates Application Invalid PRE-APPLICATION CONSULTATION Pre application Reference: n/a DEVELOPMENT PLAN The Development Plan for the area comprises National Planning Framework 4 (NPF4) and the Perth and Kinross Local Development Plan 2 (2019) (LDP2). National Planning Framework 4 The National Planning Framework 4 (NPF4) is the Scottish Government’s long-term spatial strategy with a comprehensive set of national planning policies. This strategy sets out how to improve people’s lives by making sustainable, liveable and productive spaces. NPF4 was adopted on 13 February 2023. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. The Council’s assessment of this application has considered the following policies of NPF4: Policy 7: Historic Assets and Places Policy 16: Quality Homes Perth and Kinross Local Development Plan 2 – Adopted November 2019 The Local Development Plan 2 (LDP2) is the most recent statement of Council policy and is augmented by Supplementary Guidance. The principal policies are: Policy 1A: Placemaking Policy 1B: Placemaking
Page 7
Policy 17: Residential Areas Policy 27A: Listed Buildings Statutory Supplementary Guidance Supplementary Guidance - Placemaking (adopted in 2020) OTHER MATERIAL CONSIDERATIONS National Guidance Historic Environment Scotland’s guidance Managing Change in the Historic Environment: Setting. This document includes useful advice on assessing whether proposed development affects the setting of listed buildings and notes that “sometimes relatively small changes, or a series of small changes, can have a major impact on our ability to appreciate and understand a historic asset or place.” CONSULTATION RESPONSES Conservation Team The Old Rectory has been subdivided into flats, and a number of outbuildings have been constructed within the grounds as a result, but the setting has been largely maintained by avoiding individual subdivision of gardens. The erection of multiple 1.8m high timber fences fails to protect the setting of the listed buildings. The submission does not specify whether the new fences are attached to the listed building, so it is unclear if there is any physical alteration. Nonetheless, I object to the application on the basis that the adverse visual impact is contrary to NPF4 Policy 7. Historic Environment Scotland We have considered the information received and do not have any comments to make on the proposals. Our decision not to provide comments should not be taken as our support for the proposals. Structures And Flooding No objection. REPRESENTATIONS There was one objection the application. Concerns have been raised about the erection of fences on communally owned land. In the Land Ownership Certificate, the applicant has declared that notice has been served on all owners of the land. If the
Page 8
objector’s concerns relate to the fences being erected without his consent, this is a civil matter to be resolved between the parties involved, who may wish to seek legal advice. The concerns raised relating to locked gates preventing access and ‘an illegal “land grab”’ are also civil matters. The objector is correct that the fences are not permitted development; the submission of this application seeks to resolve the breach of planning control. The alternative proposal to plant a hedge is not a material consideration in the assessment of this application. Additional Statements Received: Screening Opinion EIA Not Required Environmental Impact Assessment (EIA): Environmental Report Not applicable Appropriate Assessment under Habitats Regulations Habitats Regulations AA Not Required Design Statement or Design and Access Statement Not Required Report on Impact or Potential Impact eg Flood Risk Assessment Not Required APPRAISAL Sections 25 and 37 (2) of the Town and Country Planning (Scotland) Act 1997 require that planning decisions be made in accordance with the development plan unless material considerations indicate otherwise. The Development Plan comprises NPF4 and the Perth and Kinross Local Development Plan 2019. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. In terms of other material considerations, involving considerations of the Council’s other approved policies and supplementary guidance, these are discussed below only where relevant. In this instance, Section 59(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 places a duty on planning authorities in determining such an application as this to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. The determining issues in this case are whether; the proposal complies with development plan policy; or if there are any other material considerations which justify a departure from policy. Policy Appraisal
Page 9
Developments which are incidental to the enjoyment of existing domestic properties are generally considered to be supportable in principle. Nevertheless, consideration must be given to the specific details of the proposed development, within the context of the application site, and whether it would have an adverse impact on visual or residential amenity, the character and appearance of the place, or the historic environment. Assessment of the proposal against the relevant policies is provided below. Historic Environment The Old Rectory, a category B listed building dating from the late 19th century, would have originally been a single dwellinghouse set in generous gardens commensurate with a building of this scale. It is likely that the scale of the garden ground added to the original grandeur of The Old Rectory. Aerial photos between 2001 and 2024 show that, whist the building had been converted into flats, an extensive open lawn lay to the south and east of the building. This open garden layout would have been an asset to the character of the listed building and would have allowed listed building’s original use as a single dwellinghouse to be appreciated. The importance of the natural open garden ground to the setting of the listed building can still be appreciated today, but only to the east of the building. The timber fences and gates that are the subject of this retrospective application project in a southerly direction from the listed building, with two of the three fences running the full distance from the building to the southern boundary of the garden. The fences have subdivided the garden to the south of the building into two garden areas adjacent to two of the flats in the building and one smaller courtyard area. The fences and gates are 1.8 metres in height and have a hit-and-miss design. The southern section of the garden slopes up; the southern sections of two of the fences rise up and follow the slope of the land. The eastmost fence has two sections that have been erected either side of a greenhouse, resulting in an unusual and eye-catching layout. Due to their height, lengths, design, and siting, the fences and gates have changed the way the listed building is appreciated and perceived. The fences and gates have resulted in the loss of the large open garden to the south of the building, which previously added to the character and setting of the listed building, and this affects the understanding of the listed building. They are also visual clutter in the previously open garden area. The design of the fences and gates, whist commonly found in modern suburban housing developments, is not appropriate for the setting of a traditional listed building, while the hit-and-miss design gives a solid appearance that increases the visual prominence of the fences and gates. The height of the fences and gates increases their visual prominence, and the southern sections of the fences are even more visually prominent as they follow the slope of the land. The eastmost fence is readily visible from the public approach to the listed building and can be seen from the access from Main Street.
Page 10
As they are visually prominent features and as they have resulted in the loss of the open garden to the south of the listed building, the fences and gates are detrimental to the character and setting of the category B listed building. As such, the proposal is contrary to Section 59 of Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, which requires planning authorities to have special regard to the desirability of preserving the listed building and its setting; contrary to Policy 7(c): Historic Assets and Places (Listed Buildings) of National Planning Framework 4; and contrary to Policy 27A: Listed Buildings of the Perth and Kinross Local Development Plan 2. Design and Visual Amenity Given the impacts detailed above, the fences and gates have a detrimental impact on the character and environmental quality of the application property and the surrounding area. As such, the proposal is contrary to Policy 16(g)(i): Quality Homes of National Planning Framework 4; and contrary to Policies 1A and 1B(c): Placemaking of the Perth and Kinross Local Development Plan 2. Residential Amenity Given the nature of the proposal, there are no impacts on the residential amenity of the application property or neighbouring properties in terms of overdevelopment, overlooking or undue overshadowing. As such, the proposal is in accordance with Policy 16(g)(ii) of National Planning Framework 4 and Policy 17 of the Perth and Kinross Local Development Plan 2. Drainage and Flooding Parts of the site have a low-medium risk of flooding from surface water and/or small watercourses. The Council’s Flooding team were consulted on the application and have advised that they have no objection to the application. Developer Contributions The Developer Contributions Guidance is not applicable to this application and therefore no contributions are required in this instance. Economic Impact The economic impact of the proposal is likely to be minimal and limited to the construction phase of the development. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS None required. DIRECTION BY SCOTTISH MINISTERS None applicable to this proposal.
Page 11
CONCLUSION AND REASONS FOR DECISION To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to be contrary to the Development Plan. Account has been taken of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly, the proposal is refused on the grounds identified below. Reasons for Refusal 1. The fences and gates, by virtue of their design, height, length and siting, are visual clutter and have resulted in the loss of a large open garden area to the south of the listed building. As such, the fences and gates are detrimental to the character and setting of the category B listing building. Approval would therefore be contrary to Section 59 of Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, which requires planning authorities to have special regard to the desirability of preserving the listed building and its setting; contrary to Policy 7(c): Historic Assets and Places (Listed Buildings) of National Planning Framework 4; and contrary to Policy 27A: Listed Buildings of the Perth and Kinross Local Development Plan 2. 2. The fences and gates, by virtue of their design, height, length and siting, have a detrimental impact on the character and environmental quality of the application property and the surrounding area. Approval would therefore be contrary to Policy 16(g)(i): Quality Homes of National Planning Framework 4; and contrary to Policies 1A and 1B(c): Placemaking of the Perth and Kinross Local Development Plan 2. Justification The proposal is not in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1 Following the refusal of this retrospective application, the applicant should be aware that this matter is now being referred to the Planning Enforcement Team.
Page 12
2 Some of the fences have been attached the Listed Building without the requisite Listed Building Consent. At the date of this decision, a valid application for Listed Building Consent has not been submitted. Procedural Notes Not Applicable. PLANS AND DOCUMENTS RELATING TO THIS DECISION 01 02 03 04 05 06 07
Page 13
No embedded text on this page.
Page 14
No embedded text on this page.
Page 15
No embedded text on this page.
Page 16
No embedded text on this page.
Page 17
No embedded text on this page.
Page 18
No embedded text on this page.
Page 19
No embedded text on this page.
Page 20
No embedded text on this page.
Page 21
No embedded text on this page.
Page 22
No embedded text on this page.
Page 23
No embedded text on this page.
Page 24
No embedded text on this page.
Page 25
No embedded text on this page.
Page 26
No embedded text on this page.