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Minute of meeting of 16 December 2024

Perth and Kinross Council · 27 January 2025
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PERTH AND KINROSS LOCAL REVIEW BODY 
Minute of hybrid meeting of the Perth and Kinross Local Review Body held on
Monday 16 December 2024. 
Present: Councillor B Brawn, Bailie C McLaren and Bailie M Williamson. 
In Attendance: L Tierney (Planning Adviser), C Elliott, (Legal Adviser) and A Brown
(Democratic Support Officer) (all Legal and Governance). 
Also Attending: S Dockerill and M Pasternak (both Legal and Governance). 
Councillor B Brawn, Convener, Presiding 
1. WELCOME 
Councillor Brawn welcomed all present to the meeting. 
2. DECLARATIONS OF INTEREST 
There were no Declarations of Interest made in terms of the Councillors Code
of Conduct. 
3. MINUTES 
The minute of meeting of the Local Review Body of 11 November 2024 was
submitted and noted. 
4. APPLICATIONS FOR REVIEW 
(i) LRB-2024-33
Review of Condition 9b) imposed on planning permission
24/00469/FLL (Erection of a replacement dwellinghouse at
Rivenswift, 3 Dunsinnan Road, Wolfhill, Perth, PH2 6TL) –
Mr M Lowrie 
This Notice of Review, seeking a review of Condition 9b) imposed on
planning permission 24/00469/FLL (Erection of a replacement
dwellinghouse at Rivenswift, 3 Dunsinnan Road, Wolfhill, Perth, PH2
6TL), considered at the meeting of the Local Review Body on
16 September 2024, was brought back to be considered anew by
members as a Design and Access Statement had been omitted from
the previous set of papers. 
The Planning Adviser displayed photographs of the site and described
the proposal, and thereafter summarised the Appointed Officer’s
Report of Handling and the grounds set out in the Notice of Review.

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Decision:
Resolved by unanimous decision that:
(i) having regard to the material before the Local Review Body and
the comments from the Planning Adviser, sufficient information
was before the Local Review Body to determine the matter
without further procedure.
Thereafter, resolved by majority decision that:
(ii) the review application for 9b) imposed on Planning Permission
24/00469/FLL (Erection of a dwellinghouse at Rivenswift, 3
Dunsinnan Road, Wolfhill, Perth, PH2 6TL), be refused and
Condition 9b) to continue to read as follows:
9. b) a detached garage set back from the dwelling, shall be
submitted to and approved in writing by the Council as
Planning Authority. The approved details shall thereafter
be implemented in full. 
Justification
The proposed removal of Condition 9b) is not in accordance with
the Development Plan and there are no material reasons which
justify departing from the Development Plan. 
Note
Councillor B Brawn dissented from the majority opinion.  He considered
that the proposed amendment to Condition 9 was reasonable,
accorded with the general massing of properties in the area and thus
accorded with the Development Plan.  Therefore, the Appointed
Officer’s decision should be overturned. 
(ii) LRB-2024-44
23/02101/FLL - Change of use of and alterations to agricultural
storage building to form dwellinghouse, land 160 metres north
east of Logie Brae Farm, Craigie, Clunie – Mr and Mrs Duncan 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse change of use of and
alterations to agricultural storage building to form dwellinghouse, land
160 metres north east of Logie Brae Farm, Craigie, Clunie. 
The Planning Adviser displayed photographs of the site and described
the proposal, and thereafter summarised the Appointed Officer’s
Report of Handling and the grounds set out in the Notice of Review. 
Decision:
Resolved by unanimous decision that:
(i) having regard to the material before the Local Review Body and
the comments from the Planning Adviser, sufficient information
was before the Local Review Body to determine the matter
without further procedure.
Thereafter, resolved by unanimous decision that:
(ii) the review application for change of use of and alterations to
agricultural storage building to form dwellinghouse, land 160

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metres north east of Logie Brae Farm, Craigie, Clunie, be
refused for the following reason:
1. It has not been demonstrated that the total phosphorous
discharge from the development will not exceed the
current level permitted by an existing SEPA CAR
discharge consent licence/authorisation, in accordance
with the Water Environment (Controlled Activities)
(Scotland) Regulations 2011 (as amended).  In addition,
the proposed (current) private drainage system is outwith
the planning application site which reduces the ability for
any potential conditional control.  In consequence, the
proposal is contrary to Policy 45 (Lunan Lochs
Catchment Areas) of the adopted Perth and Kinross Local
Development Plan 2 (2019) which seeks to protect the
environmentally sensitive lochs by controlling foul
drainage arrangements for new developments. 
Justification
The proposal is not in accordance with the Development Plan
and there are no material reasons which justify departing from
the Development Plan. 
(iii) LRB-2024-45
24/00902/FLL - Erection of replacement dwellinghouse, garage
and associated works, Thistlebridge, Stanley, Perth, PH1 4PW –
Mr I Carling 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse erection of replacement
dwellinghouse, garage and associated works, Thistlebridge, Stanley,
Perth, PH1 4PW. 
The Planning Adviser displayed photographs of the site and described
the proposal, and thereafter summarised the Appointed Officer’s
Report of Handling and the grounds set out in the Notice of Review. 
Decision:
Resolved by unanimous decision that:
(i) having regard to the material before the Local Review Body and
the comments from the Planning Adviser, sufficient information
was before the Local Review Body to determine the matter
without further procedure.
Thereafter, resolved by unanimous decision that:
(ii) the review application for erection of replacement
dwellinghouse, garage and associated works, Thistlebridge,
Stanley, Perth, PH1 4PW, be refused for the following reasons:
1. The location of the replacement dwelling does not respect
the siting and location of the existing house in terms of its
distance from the road or general locality, and limited
justification for a substantial relocation has been brought
proposed.  The proposal is therefore contrary to the
Council’s Housing in the Countryside Policies as

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contained within the adopted Perth and Kinross Local
Development Plan 2 (2019) (Policy 19) and its statutory
supplementary guidance of 2020 (Housing in the
Countryside).  Both these policies seek to ensure that
replacement houses respect the location and siting of the
existing dwelling, unless there is proven justification why
another suitable location would create a better landscape
fit.
2. As the proposal is not explicitly supported by policies
contained within the adopted Perth and Kinross Local
Development Plan 2 (2019), the proposal is contrary to
Policy 9(b) (Brownfield, Vacant and Derelict Land and
Empty Buildings) of the National Planning Framework 4
(2023), which only supports new development on
greenfield land when it is supported by relevant Local
Development Plan policies. 
Justification
The proposal is not in accordance with the Development Plan
and there are no material reasons which justify departing from
the Development Plan. 
(iv) LRB-2024-46
24/01037/IPL - Erection of a dwellinghouse (in principle), land 25
metres south of 11 Kinfauns Holdings, West Kinfauns, Perth – Mr
and Mrs Doig 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse erection of a dwellinghouse
(in principle), land 25 metres south of 11 Kinfauns Holdings, West
Kinfauns, Perth. 
The Planning Adviser displayed photographs of the site and described
the proposal, and thereafter summarised the Appointed Officer’s
Report of Handling and the grounds set out in the Notice of Review. 
Decision:
Resolved by unanimous decision that:
(i) having regard to the material before the Local Review Body and
the comments from the Planning Adviser, sufficient information
was before the Local Review Body to determine the matter
without further procedure.
Thereafter, resolved by majority decision that:
(ii) the review application for erection of a dwellinghouse (in
principle), land 25 metres south of 11 Kinfauns Holdings, West
Kinfauns, Perth, be refused for the following reason:
1. The proposed development, to the front of the existing
dwellinghouse, will have a significant detrimental impact
on the distinct character and building pattern of the area. 
Such tandem development will not contribute positively to
the surrounding built and natural environment and would
set a precedent for similar undesirable proposals.  The

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proposed development is therefore contrary to National
Planning Framework 4 (2023), Policy 14, Design Quality
and Plan, and Policy 16, Quality Homes.  It is also
contrary to Perth and Kinross Local Development Plan 2
(2019) Policy 1A and 1Bd), Placemaking, Policy 17,
Residential Areas and to Perth and Kinross Placemaking
Supplementary Guidance (2020). 
Justification
The proposal is not in accordance with the Development Plan
and there are no material reasons which justify departing from
the Development Plan. 
Note
Bailie C McLaren dissented from the majority opinion.  She considered
that although there will be a visual impact it would not be detrimental as
it reflects the building pattern along the streetscape and doesn’t detract
from the visual amenity and therefore the Appointed Officer’s decision
should be overturned. 
(v) LRB-2024-48
23/02091/FLL - Part demolition of garage outbuilding, erection of a
dwellinghouse and formation of decking, Cottage of Clunie,
Forneth, Blairgowrie, PH10 6SG – Ms J Maxwell 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse part demolition of garage
outbuilding, erection of a dwellinghouse and formation of decking,
Cottage of Clunie, Forneth, Blairgowrie, PH10 6SG. 
The Planning Adviser displayed photographs of the site and described
the proposal, and thereafter summarised the Appointed Officer’s
Report of Handling and the grounds set out in the Notice of Review. 
Decision:
Resolved by unanimous decision that:
(i) having regard to the material before the Local Review Body and
the comments from the Planning Adviser, sufficient information
was before the Local Review Body to determine the matter
without further procedure.
Thereafter, resolved by unanimous decision that:
(ii) the review application for part demolition of garage outbuilding,
erection of a dwellinghouse and formation of decking, Cottage of
Clunie, Forneth, Blairgowrie, PH10 6SG, be refused for the
following reasons:
1. The proposal is contrary to Policy 17 Rural Homes of the
National Planning Framework 4 (2023) as the site does
not meet any of the applicable criteria set out in category
a)i) – viii).
2. The proposal is contrary to Policy 19 of the Perth and
Kinross Local Development Plan 2 (2019) and the
associated Housing in the Countryside Supplementary

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Guidance (March 2020) as it does not meet any of the
criteria within the categories 1) Building Groups, 2) Infill
sites, 3) New houses in the open countryside, 4)
Renovation or replacement of houses, 5) Conversion or
replacement of redundant non-domestic buildings and 6)
Development on rural brownfield land.  In particular there
is not a building group present as defined, and the site
does not meet the infill criteria as the telephone exchange
is not the equivalent size of a cottage.
3. The proposal is contrary to Policy 45A Lunan Lochs
Catchment Area, of the Perth and Kinross Local
Development Plan 2 (2019).  The site lies within the
Lunan Lochs Catchment Area where phosphorus
mitigation is required to protect the Lunan Lochs SAC. 
No details of phosphorus mitigation have been submitted. 
Justification
The proposal is not in accordance with the Development Plan
and there are no material reasons which justify departing from
the Development Plan.