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(c) Representations (Pages 145-164)

Perth and Kinross Council · 3 August 2026
Back to Local Review Body — 3 August 2026 and its agenda

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4(i)(c) 
LRB-2026-11 
LRB-2026-11 - 26/00461/IPL - Erection of dwellinghouse (in
principle), land 50 metres south east of Craigburn House,
Flawcraig, Rait, Perth, PH2 7RY 
Representations

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Comments to the Development Management & Building Standards Service Manager
on a Planning Application
Planning
Application ref.
26/00461/IPL Comments
provided by
Alasdair Finlayson  
Service/Section Place Strategies Contact
Details
Development Contributions Officer:
Email: 
DevelopmentContributions@pkc.gov.uk 
Description of
Proposal  
Erection of dwellinghouse (in principle)  
Address of site   Land 50 Metres South East Of Craigburn House Flawcraig Rait Perth PH2 7RY  
Comments on the
proposal        
Primary Education    
With reference to the above planning application the Council Developer
Contributions Supplementary Guidance requires a financial contribution towards
increased primary school capacity in areas where a primary school capacity
constraint has been identified. A capacity constraint is defined as where a primary
school is operating at over 80% and is likely to be operating following completion of
the proposed development, extant planning permissions and Local Development
Plan allocations, at or above 100% of total capacity.  
This proposal is currently within the catchment of Abernyte Primary School.  
At present, there is no identified capacity constraint at this school (Appendix 1 of the
Supplementary Guidance). However, the need for a Primary Education contribution
will be re-assessed at the time of any further application.  
A condition to reflect this should be attached to any planning application granted.  
Recommended
planning
condition(s)    
Primary Education    
CO01 The development shall be in accordance with the requirements of Perth
& Kinross Council’s Developer Contributions and Affordable Housing
Supplementary Guidance 2023 in line with Policy 5: Infrastructure
Contributions of the Perth & Kinross Local Development Plan 2 (2019)
with particular regard to primary education infrastructure, or such
subsequent Guidance and Policy which may replace these.  
RCO00 Reason – To ensure the development is in accordance with the terms of
the Perth and Kinross Local Development Plan 2 (2019) and to comply
with the Council’s policy on Developer Contributions and Affordable
Housing Supplementary Guidance 2023.  
Recommended
informative(s) for
applicant
N/A  
Date comments
returned 15 April 2026

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SW Business
Wednesday, 22 April 2026 
Local Planner
Planning and Development
Perth and Kinross Council
Perth
PH1 5GD 
Dear Customer, 
Land 50 Metres South East Of, Craigburn House  Flawcraig  Rait, Perth, 
PH2 7RY
Planning Ref: 26/00461/IPL 
Our Ref: DSCAS-0153773-YYV
Proposal: Erection of dwellinghouse (in principle) 
Please quote our reference in all future correspondence 
Scottish Water has no objection to this planning application. The applicant should be aware
that this does not confirm that the proposed development can currently be serviced.    
Please read the following carefully as there may be further action required. Scottish Water
would advise the following: 
Water Capacity Assessment 
• There is currently sufficient capacity in the Clatto Water Treatment Works to service
your development. However, please note that further investigations may be required
to be carried out once a formal application has been submitted to us. 
Waste Water Capacity Assessment 
According to our records there is no public waste water infrastructure within the
vicinity of this proposed development therefore we would advise applicant to
investigate private treatment options. 
Please Note 
The applicant should be aware that we are unable to reserve capacity at our water and/or
waste water treatment works. When planning permission has been granted and a formal 
Development Operations
The Bridge
Buchanan Gate Business Park
Cumbernauld Road
Stepps
Glasgow
G33 6FB 
Development Operations
Freephone  Number - 0800 3890379
E-Mail - DevelopmentOperations@scottishwater.co.uk
www.scottishwater.co.uk

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SW Business
connection application has been submitted, we will review the availability of capacity at that
time and advise the applicant accordingly. 
Surface Water    
For reasons of sustainability and to protect our customers from potential future sewer
flooding, Scottish Water will not accept any surface water connections into our combined
sewer system. 
There may be limited exceptional circumstances where we would allow such a connection
for brownfield sites only, however this will require significant justification from the customer
taking account of various factors including legal, physical, and technical challenges. 
In order to avoid costs and delays where a surface water discharge to our combined sewer
system is anticipated, the developer should refer to our guides which can be found at
https://www.scottishwater.co.uk/Help-and-Resources/Document-Hub/Business-and-
Developers/Connecting-to-Our-Network which detail our policy and processes to support the
application process, evidence to support the intended drainage plan should be submitted at
the technical application stage where we will assess this evidence in a robust manner and
provide a decision that reflects the best option from environmental and customer
perspectives. 
Asset Impact Assessment    
Scottish Water records indicate that there is live infrastructure in the proximity of your
development area that may impact on existing Scottish Water assets.    
• 250mm Di main
• 200mm DI main within your site boundary.  
The applicant must identify any potential conflicts with Scottish Water assets and contact our
Asset Impact Team via our Customer Portal for an appraisal of the proposals.    
The applicant should be aware that any conflict with assets identified will be subject to
restrictions on proximity of construction. Please note the disclaimer at the end of this
response.    
Written permission must be obtained before any works are started within the area of our
apparatus    
Next Steps:     
Single house developments; unless utilising private water or drainage sources, are
required to submit a Water Connection Application and Waste Water Application via
our Customer Portal to allow us to fully appraise the proposals. Please note that
Single House developments are not required to submit a Pre-Development Enquiry
form (PDE) however local network capacity will be assessed on receipt of application
forms.

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SW Business
Further information on our application and connection process for Single Household
development can be found on our website https://www.scottishwater.co.uk/Business-
and-Developers/NEW-Connecting-to-Our-Network/Single-Household-Customers 
I trust the above is acceptable however if you require any further information regarding this
matter, please contact me on 0800 389 0379 or via the e-mail address below or at
planningconsultations@scottishwater.co.uk.    
Yours sincerely,    
Ruth Kerr
Development Services Analyst 
PlanningConsultations@scottishwater.co.uk 
Scottish Water Disclaimer:    
“It is important to note that the information on any such plan provided on Scottish Water’s
infrastructure, is for indicative purposes only and its accuracy cannot be relied upon.  When the
exact location and the nature of the infrastructure on the plan is a material requirement then you
should undertake an appropriate site investigation to confirm its actual position in the ground and
to determine if it is suitable for its intended purpose.  By using the plan you agree that Scottish
Water will not be liable for any loss, damage or costs caused by relying upon it or from carrying
out any such site investigation." 
Supplementary Guidance 
• Scottish Water asset plans can be obtained from our appointed asset plan
providers: 
• Site Investigation Services (UK) Ltd 
• Tel: 0333 123 1223   
• Email: sw@sisplan.co.uk 
• www.sisplan.co.uk 
• Scottish Water’s current minimum level of service for water pressure is 1.0
bar or 10m head at the customer’s boundary internal outlet.  Any property which
cannot be adequately serviced from the available pressure may require private
pumping arrangements to be installed, subject to compliance with Water
Byelaws. If the developer wishes to enquire about Scottish Water’s procedure for
checking the water pressure in the area, then they should write to the
Development Operations department at the above address. 
• If the connection to the public sewer and/or water main requires to be laid
through land out-with public ownership, the developer must provide evidence of
formal approval from the affected landowner(s) by way of a deed of servitude. 
• Scottish Water may only vest new water or waste water infrastructure which is
to be laid through land out with public ownership where a Deed of Servitude has
been obtained in our favour by the developer.

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SW Business  
• The developer should also be aware that Scottish Water requires land title to
the area of land where a pumping station and/or a Sustainable Drainage System
(SUDS) proposed to vest in Scottish Water is constructed. 
• Please find information on how to submit application to Scottish Water at our
Customer Portal

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Comments for Planning Application 26/00461/IPL
Application Summary
Application Number: 26/00461/IPL
Address: Land 50 Metres South East Of Craigburn House Flawcraig Rait Perth PH2 7RY
Proposal: Erection of dwellinghouse (in principle)
Case Officer: John Williamson
Customer Details
Name: Mr Stuart Rose
Address: 
Comment Details
Commenter Type: Neighbour
Stance: Customer objects to the Planning Application
Comment Reasons:
- Contrary to Development Plan Policy
Comment:Dear Sir/Madam,
I write to object to the above planning application and would be grateful if you would take my views
into consideration.
This site has previously been the subject of two refused applications for residential development
(06/00793/FUL and 09/00634/FUL), both of which were also dismissed on appeal. A key reason
for refusal of the first application was that the site, which is located within the countryside, was not
considered self-contained. Subsequently, a fast-growing, non-native Lylandii boundary hedge was
planted, and a further application was submitted in 2009. This proposal was also refused. The
reasons for refusal are still relevant today.
In my view, the proposal conflicts with National Planning Framework 4 (NPF4) specifically Policies
5b (Soils), 9b (Greenfield Sites), and 17a (Rural Homes), as well as Policies 19 (Housing in the
countryside) and 50 (Prime agricultural land) of the PKC Adopted Local Development Plan 2 and
the associated Housing in the Countryside Supplementary Guidance (March 2020). I note that
NPF4 is more recent than the adopted local plan therefore the policies it contains carry the most
weight in the decision making process.
The site is classified as Class 3.1 prime agricultural land. Development would therefore conflict
with NPF 4 Policy 5b, and no evidence has been provided to demonstrate that the proposal is
essential to a rural business in this location. Furthermore, there is no policy support for housing
development under NPF4 Policy 9 as it represents development of a greenfield site in the
countryside without being explicitly supported in the local development plan. The proposal also

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fails to meet any of the criteria for housing development in the countryside under Policy 17a as it is
unrelated to a rural business or not linked to a historical asset and is not sited within a remote
area.
In relation to local policy, this subdivision has effectively engineered a self-contained plot where
one previously did not exist. Policy 19 of the Local Development Plan 2, along with the Housing in
the Countryside Supplementary Guidance, states that such subdivision, whether by fencing,
hedging, or tree planting to create development sites is unacceptable. It explicitly discourages
overly engineered solutions and the use of fast-growing, non-native conifers for this purpose such
as the Leylandii that has been used in this case.
The previously refused 2009 application included representations and photographic evidence
indicating that this hedge was planted to subdivide the field and create a self contained site. This
representation was submitted to the Council on 07/05/2009 and is contained within application
09/00634/FUL. Approval of this application may set an undesirable precedent, suggesting that the
the remainder of the field could be deliberately subdivided and, over time, presented as individual
development plots.
Finally, the proposal conflicts with Policy 50 of the PKC Local Development Plan 2, which seeks to
protect prime agricultural land. The development would result in the permanent loss of Class 3.1
land without sufficient justification.
For the reasons outlined above, I respectfully request that planning permission be refused.

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Comments to the Development Quality Manager on a Planning Application
Planning Application
ref.
26/00461/IPL Comments
provided by
Alasdair Kay
Transportation Development Officer
Service/Section Transportation &
Development
Contact
Details
TransportPlanning@pkc.gov.uk
Description of
Proposal
Erection of dwellinghouse (in principle)
Address of site Land 50 Metres South East of Craigburn House, Flawcraig, Rait Perth, PH2 7RY
Comments on the
proposal    
The applicant is proposing to erect a single dwellinghouses on land 50 metres South
East of Craigburn House, Flawcraig, Rait, Perth, PH2 7RY. 
Vehicle access to the proposed property will be from an existing access lane. 
The applicant should consider the following when submitting a detailed planning
application: 
• The number of car parking spaces being provided for the dwellinghouse
should be in accordance with The National Roads Development Guide.
• Should a garage be proposed for parking, the size of space within the garage
must be a minimum of 7.0m x 3.0m (internal dimensions), as set out in the
standards defined in The National Roads Development Guide.
• Turning facilities shall be provided within the site to enable vehicles to enter
and leave in a forward-facing gear.
• The applicant shall detail the intention for waste collection and a suitable
location and hardstanding for the presentation of wheelie bins.
• Drainage infrastructure shall be detailed by the applicant.
• The site shall be served by the existing private access which shall be provided
with intervisible passing places at approximately 100m centres. 
Insofar as the Roads matters are concerned, I have no objections to this proposal on
the following condition. 
Recommended
planning
condition(s)    
The development shall not commence until the following specified matters have
been the subject of a formal planning application for the approval of the Council as
Planning Authority: the siting, design and external appearance of the development,
the hard and soft landscaping of the site, all means of enclosure, means of access to
the site, vehicle parking and turning facilities, levels, drainage and waste
management provision. 
Reason - This is a Planning Permission in Principle under Section 59 of the Town and
Country Planning (Scotland) Act 1997 as amended by Section 21 of the Planning etc.
(Scotland) Act 2006. 
Recommended
informative(s) for
applicant  
Date comments
returned 6 May 2026

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To:  John Williamson, Planning Officer
From: Sophie Nicol, Senior Archaeologist 
Tel:
Email:
Date:  7th May 2026 
26/00461/IPL Erection of dwellinghouse (in principle) Land 50 Metres South
East Of Craigburn House Flawcraig Rait Perth PH2 7RY 
Thank you for consulting PKHT on the above application. 
With respect to archaeology and the planning process, as outlined by NPF4, the proposed
development does not raise any significant issues. No further archaeological mitigation is
required in this instance

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Dear Sir/Madam,
I am writing to express my objections to appeal LRB-2026-11. A total of 6 (six) separate
attempts to gain permission for a dwelling on this site have been submitted by the applicant over
the years (3 planning applications, 2 appeals to the Scottish government and this LRB review).
All proposals have been refused up to this point. The site has been engineered in an
opportunistic manor, in an attempt to allow development at the end of a building group on
greenfield land. The council’s most recent decision clearly states that the application fails to
comply with a number of national and local policies, these being;
National Planning Framework 4, Policy 9b (Geenfield Sites) and Policy 17 (Rural homes)
PKC Local Development Plan 2, Policy 19 (Housing in the Countryside),
PKC Housing in the countryside supplementary guidance.
The appeal submitted by the applicant largely avoids addressing these national and local
policies and argues that because time has passed, a hedge planted specifically to create a self-
contained site in response to a previous refusal, now constitutes an existing landscape feature
in compliance with policy. However, the council's guidelines in “Housing in the Countryside
Supplementary Guidance” explicitly state that “hedging planted with the specific intention of
creating a site will not be accepted as existing landscape features for the purposes of this
supplementary guidance.” This document also discourages the use of fast growing, non native
hedging, which is exactly what has been used here, presumably to minimise the time required to
become established. There is no longevity clause in these guidelines or other policy that
validates boundaries that were specifically planted to create a self contained site after a period
of time has elapsed. The use of fast-growing, non-native Leylandii hedging for this purpose is
precisely the type of artificial manipulation the supplementary guidance is designed to prevent. If
approved, this would set a precedent to allow for opportunistic building on greenfield land by
planting fast growing hedges, waiting a period of time then building on the land.
The appeal also attempts to justify the development by referencing Scotland’s housing
emergency and the Scottish Government publication “Tackling Scotland’s Housing Emergency,
September 2025.” This document however, relates primarily to affordable housing. This
proposal is for a single private dwelling on a substantial greenfield plot, with no indication
whatsoever that it would contribute to affordable housing supply. It is therefore not relevant to
reference this document when no indications have been made that this property will benefit
affordable housing supply. In any case, at no point does the Scottish Government document
suggest that national and local planning policies should simply be disregarded. 
The appeal mentions the site would likely be developed by local builders and links to a Scottish
government document supporting local construction. This document does not state that support
for local construction activity should override clear breaches of planning policy.
The applicant argues that the planning history of the site should carry no weight in the decision
making process, while simultaneously relying on the planted hedge’s age to justify the site. This
is a contradiction. The hedge was planted as a direct response to a failed appeal to the Scottish

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Government in order to attempt to create a compliant site, therefore its origin is inseparable
from the planning history. I have included a photograph at the end of this letter which clearly
shows the hedge being planted to self contain the site shortly after a previous application appeal
was refused by the Scottish government.
I would also like to note that the large number of attempts at obtaining planning approval on this
site over many years places an unnecessary and avoidable burden on limited public resources,
requiring repeated assessment, reporting and review of a development that continues to conflict
with established policy despite no material changes.
The reality of this site has not changed across six attempts to gain approval for a dwelling. It is
an engineered attempt to circumvent the policies that form opportunistic development on
greenfield land. The proposal fails to meet the criteria of NPF4 and LDP2, along with local
supplementary guidelines.
I respectfully request that the Local Review Body upholds the original decision and dismisses
this appeal.
Stuart Rose

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Gordon Frew 
Springside Cottage 
Fingask by Rait
PH2 7SA
14.06.2026
Addendum: Supplementing information submitted in objection to
planning application:
Ref: 26/00461/IPL
Erection of dwellinghouse (in principle)
Land 50 metres south of Craigburn House Flawcraig Rait Perth PH2 7RY
1 I have been resident at the above address for twenty six years and feel able to
comment on matters relating to the surrounding land with reasonable authority. The
planting of Leylandii trees has been used to systematically create false boundaries,
with the intention of submitting planning applications for dwelling houses..
Subsequent applications have been refused locally and on appeal to Scottish
government on two occasions. 
The use of Leylandii has the benefit of fast growth but is deemed an ‘invasive
species’ in the national plan.it was obvious to the reporter from Scottish government
that this was the case and she commented to that effect at a site visit during the appeal
process. 
A site visit would clearly show that the planting of these trees, in their current
formation, is for one purpose only. To create false boundaries and take agricultural
land on which to surreptitiously build dwelling houses. 
The length of time these falsely constructed  boundaries have been in situ should bear
little relevance in this case. The practice, if encouraged, would only serve to give the
green light for substantial areas of agricultural land to be arrogated resulting in
unsightly, incongruous and alien woodland permeating the countryside.

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2  The final point I would address is the access to the proposed site. A lane runs
through my garden providing access to Burnside house, my property and North
Lodge. Another property would mean an increase in traffic with very specific
hazards.. 
In the absence of any thorough risk or impact assessment I would highlight the
following: The lane is only the width of a car, in places. As my garden and that of
North Lodge have a small wooded area between the lane and the burn, it is secluded
and emerging from the ‘woods’ can be quite dangerous as it is easy to step directly in
front of a car.  Any new properties would result in an increase in traffic using the lane
and an increase to the risks to residents and visitors. 
The risk is further exacerbated if children are playing in the wooded area which is
part of the gardens of North Lodge and my property.This would be in breach of the
United Nations Convention on the Rights of the Child (UNCRC). Articles 15 and 31
the right to play safely. It is difficult to see how the risk to children could be
mitigated sufficiently to have an acceptable level of risk to children playing in the
gardens. The increase in traffic on the lane would make that safety of children and the
risk harm, unacceptably high. 
I would also assert that any increase in traffic on the lane would be in breach of my
rights as laid out in article 1 of the first protocol of the Human Rights Act 1998.
While it is encouraging to have the applicant invoke the crisis of housing in Scotland,
the type of housing that is required to fix the crisis bears little resemblance, I suspect,
to any proposed dwelling on the site in question.
Thank you for considering my views on this matter.
Gordon Frew

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Please find an accurate photograph of the access lane in question. showing its unsuitability and risk
areas for children and adults.

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SPR Planning Local Review Body
From:
Sent: 03 July 2026 10:31
To: SPR Planning Local Review Body
Subject: RE: LRB-2026-11
Follow Up Flag: Follow up
Flag Status: Completed
CAUTION: This email originated from an external organisation. Do not follow guidance, click links, or open
attachments unless you have verified the sender and know the content is safe.
Dear Ms Simpson, 
The only comments the applicant wishes to make are as follows. 
1. The housing emergency is not just about aƯordable housing. It is about all housing including housing in the
countryside and self-builder plots. 
2. The Scottish Government has stated that the housing emergency is a significant material consideration in
planning decision-making. As such, it could justify a departure from local and national planning policy on its
own. 
3. A small increase in the use of the road will not cause undue harm to neighbours. Notwithstanding that,
however, if all users wanted traƯic calming on the road, then the applicant would be prepared to accept that
as a planning condition. 
Regards Paul 
Paul Houghton MRTPI
Houghton Planning Ltd

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