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(a) Notice of Review and supporting documents (Pages 9-46)

Perth and Kinross Council · 24 February 2025
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4(i)(a) 
LRB-2025-01 
LRB-2025-01 - 24/1233/FLL - Erection of a dwellinghouse,
land 20 metres south of Hillview, Kinnaird, Blairadam,
Kelty, KY4 0JB 
PAPERS SUBMITTED
BY THE
APPLICANT

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Statement
Notice of Review 
Erection of a dwellinghouse on Land 20 Metres South of Hillview
Kinnaird Blairadam, Kelty, KY4 0JB
24/01233/FLL 
Introduction & Background 
This Notice of Review is submitted following the refusal of planning permission under
delegated powers on the 10 October 2024 for the erection of a dwellinghouse on
land 20 metres south of Hillview, Kinnaird, Blairadam, under application
24/01233/FLL. (Doc 1) 
The reasons for refusal were:- 
1. The proposal is on a greenfield site that is not allocated for development and
development on the site is not explicitly supported by policies in the Local
Development Plan. It is therefore contrary to Policy 9 b), Brownfield, Vacant and
Derelict Land and Empty Buildings of National Planning Framework 4 (2023). 
2. The proposal is contrary to Policy 17 Rural Homes of National Planning
Framework 4 (2023) as it fails to meet any of the 8 criteria listed within Policy 17a). 
3. The proposal is contrary to Policy 19, Housing in the Countryside of the Perth and
Kinross Local Development Plan 2 (2019) as it fails to comply with any of the 6
categories listed in the policy. In particular the site has been specifically cleared of
woodland and the boundaries planted with non-native hedging to specifically create
a site for development. This is contrary to the Housing in the Countryside
Supplementary Guidance (2020) Category 1, Building Groups. In addition,
development of the site does not safeguard the character of the countryside and
does not ensure that high standards of siting and design are achieved. 
4. The proposal is contrary to Policy 14a) and b), Design, Quality and Place, of
National Planning Framework 4 (2023), and Policy 1A and 1Bb), Placemaking, of the
Perth and Kinross Local Development Plan 2 (2019). The proposed development
would detract from the visual amenity and landscape character of the area and does
not contribute to creating a distinctive, pleasant or sustainable place.  
5. The proposal is contrary to Policy 39, Landscape, of the Perth and Kinross Local
Development Plan 2 (2019) as development would conflict with the aim of
maintaining and enhancing the landscape qualities of Perth and Kinross. Such

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piecemeal development, sited in an area of former woodland, is not appropriate to
maintaining and enhancing the landscape qualities of Perth and Kinross. 
It is considered that the Review proposal is in accordance with Perth and Kinross
Local Development Plan 2019 Housing in the Countryside Policy and Supplementary
Guidance, as it is an acceptable extension of a building group into a definable site
which has satisfactory containment to the wider countryside. The site is not a
greenfield site but land associated with the existing housing. 
The Review dwellinghouse is acceptable in scale and design within the context of
the existing building group and housing nearby across the road to the south east and
it will not have any adverse impact on the visual amenity or character of the
countryside at this location. 
Development Plan 
The Development Plan for the area comprises the National Planning Framework 4
(NPF4) and the Perth and Kinross Local Development Plan 2 (2019). 
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
aims 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 9: Brownfield, vacant and derelict land and empty buildings 
 Policy 14: Design, Quality and Place
 Policy 16: Quality Homes
 Policy 17: Rural Homes

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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 site is located within the landward area of the LDP2, where the following policies
are applicable, 
 Policy 1A: Placemaking
 Policy 1B: Placemaking
 Policy 5: Infrastructure Contributions
 Policy 19: Housing in the Countryside
 Policy 39: Landscape
 Policy 53B: Water Environment and Drainage: Foul Drainage
 Policy 53C: Water Environment and Drainage: Surface Water Drainage
 Policy 53E: Water Environment and Drainage: Water Supply
 Policy 60B: Transport Standards and Accessibility Requirements: New
Development Proposals 
Statutory Supplementary Planning Guidance
The following statutory SPG are applicable to the proposal, 
 Developer Contributions & Affordable Housing (adopted 2020)
    Supplementary Guidance - Placemaking (adopted in 2020)
   Housing in the Countryside Guidance (adopted 2020) 
Non-Statutory Planning Guidance
The following non-statutory SPG are applicable, 
 Planning Guidance - Planning & Biodiversity

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NATIONAL PLANNING GUIDANCE 
The Scottish Government expresses its planning policies through Planning Advice
Notes, Creating Places, Designing Streets, National Roads Development Guide and
a series of Circulars.   
Planning Advice Notes 
The following Scottish Government Planning Advice Notes (PANs) and Guidance
Documents are of relevance to the proposal: 
 PAN 40 Development Management
 PAN 51 Planning, Environmental Protection and Regulation
 PAN 61 Planning and Sustainable Urban Drainage Systems
 PAN 68 Design Statements
 PAN 69 Planning and Building standards Advice on Flooding 
National Roads Development Guide 2014 
This document supports Designing Streets and expands on its principles and is
considered to be the technical advice that should be followed in designing and
approving of all streets including parking provision. 
Reason for Refusal and Grounds of the Review 
The reasons for the review and matters considered refer to the reasons for refusal,
which can be summarised: -
i)The proposal is contrary to the Local Development Plan Housing in the Countryside
Policy 19 and the associated Council’s Supplementary Guidance on Housing in the
Countryside in relation to building groups. 
ii)The proposal will have a detrimental impact on visual and landscape amenity
contrary to Policy 39 of the local development plan and Policy 14a) and b), Design,
Quality and Place, of National Planning Framework 4 (2023), and Policy 1A and
1Bb), Placemaking, of the Perth and Kinross Local Development Plan 2 (2019).

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iii) As a consequence of being considered contrary to Policy 19 of the local
development plan the Review proposal is also considered contrary to NPF Policies 9
and 17. 
The above issues will be considered below in the applicant’s statement and
argument against the reasons for refusal, in support of the Review. 
i)The proposal is contrary to the Local Development Plan Housing in the Countryside
Policy 19 and the associated Council’s Supplementary Guidance on Housing in the
Countryside in relation to building groups.   
The Delegated Report concluded that the proposal does not satisfy any of the
categories of the Housing in the Countryside Guidance where a dwellinghouse would
be acceptable. (Doc 2)
This is not accepted in this Review and the reasons for this were previously outlined
in the Supporting Statement accompanying the Review application and are re-
iterated below.
The Review proposal is considered to be in accordance with Policy 19 of the LDP
and the Council’s Housing in the Countryside Supplementary Guidance 2020 where
there is support for the extension of a building group into a definable site – the policy
guidance states:-
“Permission may be granted, subject to the criteria above, for houses which extend
the group into a readily definable adjacent site. This will be formed by existing
topography, roads or well-established existing landscape features such as a
watercourse or mature tree belt which will provide a suitable setting.”
In this case the application site is well contained into a readily definable site with
containment to the north by the existing building group, to the east by the B996
public road and to the west and south by the Kinnaird Burn – as indicated in Fig 1
Extension of Building Group below. This is in accordance with the criteria quoted
above from the Housing in the Countryside Policy Guidance. 
Contrary to the objections led by the Community Council, it is clear as indicated in
Fig 1 below, that the Review site does have an established permanent southern
boundary – Kinnaird Burn is a well-established existing landscape feature, more
permanent than any woodland in the vicinity. The Kinnaird Burn provides a
defensible boundary to any development pressure further south of it from the existing
building group to the north.

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Fig 1 – Extension of a Building Group

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Fig 2 – Aerial Photograph (Google) 
It was noted in the Delegated Report that “The land surrounding the proposed
dwellinghouse was subject of an Enforcement Notice to restore it to a more natural
state.  This has not yet been achieved.”
It is important to note that the Enforcement case 19/00310/ALUNDV relating to the
land around the proposed house was closed on 19 January 2023, where it was
concluded that, (Doc 3)
“considering the nature of the breach it's considered not in the public interest to
pursue further”.
The status and character of this land in planning terms is therefore considered to be
acceptable as it is in its current form.
In accordance with the Housing in the Countryside Supplementary Guidance siting
criteria the Review dwellinghouse will respect the character, scale and form of the
existing group, and will be integrated into the existing layout and building pattern (Fig
2). As explained further below the Review proposal will not detract from the visual
amenity of the group when viewed from the wider landscape and the plot size affords
a high standard of residential amenity for existing and the proposed new
dwellinghouse.
It is considered that the Review proposal is in accordance with the adopted local
development plan Housing in the Countryside Policy and Supplementary Guidance
as it is an acceptable extension of a building group into a definable site which has
satisfactory containment to the wider countryside.

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ii)The proposal will have a detrimental impact on visual and landscape amenity
contrary to Policy 39 of the local development plan and is contrary to Policy 14a) and
b), Design, Quality and Place, of National Planning Framework 4 (2023), and Policy
1A and 1Bb), Placemaking, of the Perth and Kinross Local Development Plan 2
(2019). 
In the Review application the house design had been revised from the 2023
application. 
The Review dwellinghouse is traditional in form and is similar in design, scale and
external materials to the house next door at Hillview. The proposed dwellinghouse
respects the existing building line addressing the public road.  It will not have any
adverse impact on the quality of the surrounding built and natural environment.
Being similar in design to the neighbouring house it will not have any adverse impact
on the visual amenity, character or appearance of the built development at Kinnaird. 
As you drive north and southwards on the B996 the Review site is not readily
noticeable, with low levels of visibility from the public domain. The existing housing
on the other side of the road to the south east of the Review site is more noticeable
and visually prominent being on more elevated ground.
There will be no adverse impact on the landscape character of the area as a result of
the Review proposal. 
As you can see from the aerial photograph – Fig 2 above, the Review site is an area
of extended curtilage ground and there are no trees on this ground which will be lost
to accommodate the dwellinghouse. 
The former woodland scrub area in the vicinity of and to the south of the site and
south of the Kinnaird Burn was regenerated un-managed woodland and was not
characterised by indigenous species. As part of the Review proposal the applicant
has proposed on his landownership a planting scheme to the south of the Kinnaird
Burn with native species which will enhance the landscape quality of the area.
Hedge planting on the Review site will enhance habitat opportunities.
For the above reasons the Review proposal will not have an adverse impact on the
visual amenity or landscape character of the area and is in accordance with Policy
39 of the local development plan and Policy 14a) and b), Design, Quality and Place,
of National Planning Framework 4 (2023), and Policy 1A and 1Bb), Placemaking, of
the Perth and Kinross Local Development Plan 2 (2019).

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iii) As a consequence of being considered contrary to Policy 19 of the local
development plan the Review proposal is subsequently considered contrary to NPF
Policies 9 and 17.
In the Delegated Report it was concluded that the Review proposal was not in
accordance with the Local Development Plan’s Housing in the Countryside Policy
and associated Supplementary Guidance. The Report also considered that the
Review proposal was also not in accordance with NPF 4 policies 9 and 17 as
concluded in reasons for refusal 1 and 2.
In this Review it is considered that the proposal is in accordance with the Local
Development Plan’s Housing in the Countryside Policy 19 and associated
Supplementary Guidance and therefore does not require any assessment of the
principle of the proposal under NPF 4 policies 9 and 17, as an extension of a building
group is a scenario which is not addressed under these NPF 4 policies, but only
under the adopted Local Development Plan Policy 19. 
The principle of the Review proposal as an extension to an existing group is
acceptable under Policy 19 of the adopted Local Development Plan 2019. 
Other Planning Considerations 
The Review proposal is acceptable in terms of impact on neighbouring residential
amenity and there is sufficient amenity garden ground for existing housing and the
Review proposal.  There are no objections to the Review proposal on road safety
grounds and on flood risk. 
Conclusions 
It is considered that the Review proposal is in accordance with the adopted Local
Development Plan Housing in the Countryside Policy 19 and Supplementary
Guidance as it is an acceptable extension of a building group into a definable site
which has satisfactory containment to the wider countryside. The proposal is in
accordance with the siting criteria of this policy guidance. 
The Review proposal will not have an adverse impact on the visual amenity or
landscape character of the area and is in accordance with Policy 39 of the local
development plan and Policy 14a) and b), Design, Quality and Place, of National
Planning Framework 4 (2023), and Policy 1A and 1Bb), Placemaking, of the Perth
and Kinross Local Development Plan 2 (2019).

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For the reasons outlined above it is considered that the Review proposal for a single
dwellinghouse at this location within the context of neighbouring housing is
acceptable and it is respectfully requested that the Review is upheld.

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Page 1 of 3 
Mr Derek Allan
c/o Mark Williamson
Hermitage Drive
Perth
PH1 2SY 
Pullar House
35 Kinnoull Street
PERTH  
PH1  5GD 
Date of Notice:10th October 2024 
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 
Application Reference: 24/01233/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 13th August 2024 for
Planning Permission for Erection of a dwellinghouse Land 20 Metres South Of Hillview
Kinnaird Blairadam Kelty KY4 0JB     
David Littlejohn
Strategic Lead (Economy, Development and Planning) 
Reasons for Refusal 
1.   The proposal is on a greenfield site that is not allocated for development and
development on the site is not explicitly supported by policies in the Local Development
Plan. It is therefore contrary to Policy 9 b), Brownfield, Vacant and Derelict Land and
Empty Buildings of National Planning Framework 4 (2023). 
2.   The proposal is contrary to Policy 17 Rural Homes of National Planning Framework 4
(2023) as it fails to meet any of the 8 criteria listed within Policy 17a). 
3.   The proposal is contrary to Policy 19, Housing in the Countryside of the Perth and
Kinross Local Development Plan 2 (2019) as it fails to comply with any of the 6
categories listed in the policy.  In particular the site has been specifically cleared of
woodland and the boundaries planted with non-native hedging to specifically create a
site for development.  This is contrary to the Housing in the Countryside Supplementary
Guidance (2020) Category 1, Building Groups.  In addition development of the site does
not safeguard the character of the countryside and does not ensure that high standards
of siting and design are achieved. 
4. The proposal is contrary to Policy 14a) and b), Design, Quality and Place, of National
Planning Framework 4 (2023), and Policy 1A and 1Bb), Placemaking, of the Perth and
Kinross Local Development Plan 2 (2019).  The proposed development would detract
from the visual amenity and landscape character of the area and does not contribute to
creating a distinctive, pleasant or sustainable place.

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2 
5. The proposal is contrary to Policy 39, Landscape, of the Perth and Kinross Local
Development Plan 2 (2019) as development would conflict with the aim of maintaining
and enhancing the landscape qualities of Perth and Kinross.   Such piecemeal
development, sited in an area of former woodland, is not appropriate to maintaining and
enhancing the landscape qualities of Perth and Kinross. 
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 
The plans and documents relating to this decision are listed below and are
displayed 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 
08 
09

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3 
NOTES
1. If the applicant is aggrieved by the decision to refuse planning permission or an
application for approval required by a condition in respect of the proposed
development, or to grant permission or approval subject to conditions, the
applicant may require the Planning Authority to review the case under Section
43A of the Town and Country Planning (Scotland) Act 1997 within three months
from the date of this notice. The notice of review should be addressed to:
The Secretary
Local Review Body
Perth and Kinross Council
Committee Services
Council Building
2 High Street
Perth
PH1 5PH
Email planninglrb@pkc.gov.uk 
The 'Notice of Review' form together with guidance notes for completion can be
obtained from Perth & Kinross Council website www.pkc.gov.uk 
2. If permission to develop land is refused or granted subject to conditions and the
owner of the land claims that the land has become incapable of reasonably
beneficial use in its existing state and cannot be rendered capable of reasonably
beneficial use by the carrying out of any development which has been or would be
permitted, the owner of the land may serve on the Planning Authority a purchase
notice requiring the purchase of the owner of the land's interest in the land in
accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997.
The foregoing notes are explanatory only and reference must be made to the
Town and Country Planning (Scotland) Acts and the appropriate Regulations or
Orders for their full context.

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Doc 2
REPORT OF HANDLING 
DELEGATED REPORT 
Ref No 24/01233/FLL
Ward No P8- Kinross-shire
Due Determination Date 12th October 2024 
Draft Report Date 3rd October 2024
Report Issued by Persephone Beer Date 3rd October 2024 
PROPOSAL:  Erection of a dwellinghouse    
LOCATION:  Land 20 Metres South Of Hillview Kinnaird Blairadam Kelty
KY4 0JB Blairadam   
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 proposal is for a 3-bedroom detached house with accommodation over two
levels measuring around 12m by 8m.  The house will mainly be rendered with some
"Fyfestone" on the front and side elevation and timber cladding on the dormers.  The
roof is of grey tiles. 
The site is adjacent to an existing dwellinghouse, Hillview, that received planning
permission on appeal in 2008 when the land subject to this application was
woodland.  The appeal was granted on the basis that the existing woodland gave the
site a landscaped setting and containment.  Hillview was considered to complete the
group.  Following felling of the woodland a number of planning applications have
been put forward on the site.  This includes a retrospective application
(20/01207/FLL) for change of use to garden ground.  This was refused with a small
section being the subject of a separate retrospective application to form an access
and parking area (22/00505/FLL).  This application was approved with the
unauthorised garden ground being required to be revegetated.   
An application was refused, in June 2024, for the erection of a single storey
dwellinghouse on the site of this current application. The applicant did not seek a
review of the decision and is seeking to address the refusal reasons with the
submission of this application. 
SITE HISTORY 
06/00113/FUL Erection of a dwellinghouse 7 April 2006 Application Refused  
06/01874/FUL Erection of a detached dwellinghouse (Re-submission 06/00113/FUL)
6 August 2007 Application Refused (Allowed on appeal)

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11/01874/FLL Removal of condition 3(ii) of planning consent 06/01874/FUL to
remove bus boarders pick up/drop off point 22 December 2011 Application Approved  
16/00416/FLL Erection of a garage with ancillary accommodation 20 April 2016
Application Refused  
16/01235/FLL Erection of ancillary accommodation 29 August 2016 Application
Approved  
18/00450/FLL Siting of 4no. holiday accommodation units, formation of a vehicular
access and associated works 26 September 2018 Refused (appeal to LRB
dismissed).  
19/00164/FLL Erection of ancillary accommodation, boundary fence and formation of
vehicular access 13 February 2019 Application returned.  
19/00204/FLL Change of use of woodland to garden ground, siting of ancillary
accommodation, erection of a fence and formation of vehicular access (in part
retrospect) 18 April 2019 Application Refused  
19/00812/LAW Siting of a caravan for ancillary accommodation use (proposed) 15
July 2019 Application Approved  
20/01207/FLL Change of use from agricultural land to form extension to garden
ground (in retrospect) 8 November 2020 Application Refused 
22/00505/FLL Change of use from open space to form extension to garden ground,
formation of vehicular access and parking area (in retrospect) 22 July 2022
Application Approved 
23/02135/FLL Erection of a dwellinghouse 18 June 2024 Application Refused 
PRE-APPLICATION CONSULTATION 
Pre application Reference: 23/00065/PREAPL 
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.

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The Council’s assessment of this application has considered the following policies of
NPF4: 
Policy 4: Natural Places
Policy 6: Forestry, Woodland and Trees
Policy 9: Brownfield, Vacant and Derelict Land and Empty Buildings
Policy 13: Sustainable Transport
Policy 14: Design, Quality and Place
Policy 17: Rural 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
Policy 5: Infrastructure Contributions
Policy 19: Housing in the Countryside
Policy 32: Embedding Low & Zero Carbon Generating Technologies in New
Development
Policy 39: Landscape
Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy
Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development
Policy 52: New Development and Flooding
Policy 53B: Water Environment and Drainage: Foul Drainage
Policy 53C: Water Environment and Drainage: Surface Water Drainage 
Policy 53E: Water Environment and Drainage: Water Supply
Policy 60B: Transport Standards and Accessibility Requirements: New Development
Proposals 
Statutory Supplementary Guidance 
- Supplementary Guidance - Developer Contributions & Affordable Housing
(adopted in 2020)
- Supplementary Guidance - Flood Risk and Flood Risk Assessments
(adopted in 2021)
- Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020)
- Supplementary Guidance - Housing in the Countryside (adopted in 2020)
- Supplementary Guidance - Landscape (adopted in 2020)
- Supplementary Guidance - Placemaking (adopted in 2020) 
OTHER POLICIES 
Non Statutory Guidance 
- Planning Guidance - Planning & Biodiversity

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NATIONAL GUIDANCE 
The Scottish Government expresses its planning policies through The National
Planning Framework, Planning Advice Notes, Creating Places, Designing Streets,
National Roads Development Guide and a series of Circulars.   
Planning Advice Notes 
The following Scottish Government Planning Advice Notes (PANs) and Guidance
Documents are of relevance to the proposal: 
 PAN 40 Development Management
 PAN 51 Planning, Environmental Protection and Regulation
 PAN 61 Planning and Sustainable Urban Drainage Systems
 PAN 68 Design Statements
 PAN 69 Planning and Building standards Advice on Flooding
 PAN 75 Planning for Transport
 PAN 77 Designing Safer Places 
Creating Places 2013 
Creating Places is the Scottish Government’s policy statement on architecture and
place. It sets out the comprehensive value good design can deliver. It notes that
successful places can unlock opportunities, build vibrant communities and contribute
to a flourishing economy and set out actions that can achieve positive changes in our
places. 
Designing Streets 2010 
Designing Streets is the policy statement in Scotland for street design and changes
the emphasis of guidance on street design towards place-making and away from a
system focused upon the dominance of motor vehicles. It was created to support the
Scottish Government’s place-making agenda, alongside Creating Places. 
National Roads Development Guide 2014 
This document supports Designing Streets and expands on its principles and is
considered to be the technical advice that should be followed in designing and
approving of all streets including parking provision. 
CONSULTATION  RESPONSES 
External 
Scottish Water
No objection. No Scottish Water waste water infrastructure in the area. Private
options treatment required.

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Internal 
Transportation And Development
No objection subject to conditions with regard to provision of a bus boarder and
details of arrangements for servicing and desludging of the septic tank to be
provided. 
Development Contributions Officer
No developer contributions required. 
Environmental Health (Contaminated Land)
A review of the proposed development site did not raise any real concerns, although
historical mapping indicates that the proposed development is close to former mining
land which may have resulted in contamination in the vicinity of the site. Should any
contamination be found during the approved works, works should cease, and the
Land Quality team should be contacted on 01738 475000 or es@pkc.gov.uk for
further advice. 
Cleish And Blairadam Community Council
Late objection to the proposal. 
REPRESENTATIONS 
1 representation was received objecting to the proposal that highlighted the following
matters: 
 Principle is contrary to National Planning Framework 4 and Perth and Kinross
Local Development Plan 2.
 Contrary to policies 39, Landscape and 1A and 1B, Placemaking of LDP2
 Contrary to NPF4 policies 9b, Brownfield, 14a and 14b Design, Quality and
Place 
1 late representation of objection was also received. 
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
Planning statement
submitted
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

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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.   
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 
The previous refusal on this site (23/02135/FLL) highlighted that the principle of
residential development could not be supported as it was contrary to Development
Plan policy.  The Development Plan framework in terms of national and local policies
has not changed.  The consideration of the principle of development on the site
therefore is the same as previously set out. 
The proposal is for the erection of a dwellinghouse on a site that is not within an area
defined by a settlement boundary.   
Policy 9 b) of NPF4 states that proposals on greenfield sites will not be supported
unless the site has been allocated for development or the proposal is explicitly
supported by policies in the LDP.  The proposal is on a greenfield site that is not
allocated for development and development on the site is not explicitly supported by
policies in the Local Development Plan.  
Policy 17 of NPF4 promotes the development of rural homes. In particular support is
given to development in previously inhabited areas with greater constraint being
applied in areas of pressure. The Local Development Plan will identify the different
approaches for different areas.  NPF4 policy intent with regard to rural homes is to
encourage, promote and facilitate the delivery of more high quality, affordable and
sustainable homes in the right locations.  
Policy 17 sets out 8 criteria for the development of suitably scale, sited and designed
development that is in keeping with the character of the area.  This proposal does
not meet any of these criteria:  
The site :
i. Is not allocated for housing;
ii. is not brownfield land;
iii. does not reuse a redundant building;
iv. does not secure a historic asset;
v. is not necessary to support the sustainable management of a viable
rural business;
vi. is not retirement succession of a viable farm holding;
vii. is not subdivision of an existing residential dwelling; and
viii. does not reinstate a former dwellinghouse or is a one-for-one
replacement of an existing permanent house.

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NPF4 takes precedence over the Local Development Plan.  However, the proposal is
also contrary to policy 19 of the LDP.  This supports proposals for the erection of
houses in the countryside subject to them falling into at least one of the following
categories:  
1) building Groups
2) infill sites
3) new houses in the open countryside on defined categories of sites as set out in
section 4 of the Supplementary Guidance.
4) renovation or replacement of houses
5) conversion or replacement of redundant non-domestic buildings.
6) development on rural brownfield land. 
Policy 19 of the LDP(2) is supplemented by the Housing in the Countryside Guide
November 2020.    
In this case the only section of the policy and guide that is relevant to this site is
Category 1) Building Groups.  This states that consent will be granted for houses
within building groups provided they do not detract from the residential and visual
amenity of the group.  Consent will also be granted for houses which extend the
group into definable sites formed by existing topography and or well established
landscape features which will provide a suitable setting.  
A building group is defined as 3 or more buildings of a size at least equivalent to a
traditional cottage, whether they are residential and / or business / agricultural
nature.  Small ancillary premises such as domestic garages and outbuildings will not
be classed as buildings for the purposes of the policy.  
The Supplementary Guidance is very clear with regard to situations where the
addition to a building group is not supported.  In particular it states that: “Fencing or
young trees or hedging planted with the specific intention of creating a site will not be
accepted as existing landscape features for the purpose of this Supplementary
Guidance, nor will the felling of an area of woodland or orchard specifically to create
a site”. 
In this case the past history of the site has demonstrated that the felling of trees and
more recently the planting of fast growing conifer trees along the front and side
boundaries has been undertaken with the specific intention of creating a site.  This is
contrary to the Council’s Housing in the Countryside policy and guidance. 
The principle of the development is therefore contrary to the NPF 4, policy 9 b),
Brownfield, Vacant and Derelict Land and Empty Buildings, policy 17, Rural Homes,
and the Local Development Plan, Housing in the Countryside policy 19.   
The proposal should also be considered in terms of placemaking policies that seek
to ensure that development makes a positive contribution to the built and natural
environment and to policies that seek to protect landscape character.  Further
discussion of these aspects and other matters is set out in the report below.

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Design and Layout 
Policies 1A and 1B Placemaking of the Perth and Kinross Local Development Plan
require proposals to contribute positively to the quality of the surrounding built and
natural environment, respecting the character and amenity of the place.  Policy 14,
Design, Quality and Place of NPF4 requires proposals to be designed to improve the
quality of an area and to be consistent with six qualities of successful places
including pleasant places that support attractive natural and built spaces, distinctive
places that give attention to detail of local architectural styles and natural landscapes
and sustainable places that support the efficient use of resources that allow people
to live, play, work and stay in their area, ensuring climate resilience and integrating
nature positive, biodiversity solutions.   
The proposed house design has been changed from a single storey to storey and a
half property.  The footprint is slightly less, material finish is similar.  Parking for the
property is to the front.  No garages or outbuildings are proposed.  The design partly
now reflects the design of the house to the north, Hillview, which does not make any
significant difference to the acceptability of the proposal in terms of quality of design. 
The proposal is still therefore considered to be contrary to policy 1A placemaking
and 14a) and b) of NPF4, policy 14.   
Landscape 
The land was formerly woodland. An appeal decision in 2008 (P/PPA/340/591, 8
January 2008) on the site recognised this area as being important to the setting of
the then two houses to the north and would allow for a third house, Hillview, to be
constructed.   
The Reporter noted that at the time that the application did not fully accord with the
housing in the countryside policy but considered that the site could accommodate a
house that would provide opportunities for rural housing that respected local landscape
and building traditions in the area.  Furthermore it was stated that: “Given the
containment provided by the woodland to the south, the Council’s concern that allowing
the appeal could lead to further development to the burn beyond is unlikely to be
realised because the woodland to the south provided a suitable landscape framework.” 
The past history is a material consideration.  Since then the woodland has been
removed and a fast growing conifer hedge planted around the boundary. Such
planting is not appropriate to the landscape character of the area.  The Council’s
Housing in the Countryside guide notes in the “For All proposals” category on page 4
that non-native fast-growing conifers should be avoided when designing rural
housing developments as this is does not generally fit in with local landscape
character and has limited biodiversity benefits.  The land surrounding the proposed
dwellinghouse was subject of an Enforcement Notice to restore it to a more natural
state.   
LDP Policy 39 Landscape requires proposals, including individual developments, to
demonstrate that they do not conflict with the aim to maintain and enhance the
landscape qualities of Perth and Kinross.   Incremental development, such as this
proposal that is sited in an area of former woodland, is not appropriate to maintaining

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and enhancing the landscape qualities of Perth and Kinross.   As such the proposal
is contrary to policy 39, Landscape of the Local Development Plan. 
Residential Amenity 
The proposed use would be residential and as such compatible with other residential
properties in the area.  There is potential for road noise from the M90 that would
impact on any occupant.   Policy 56 Noise Pollution of the LDP advises against the
siting of noise sensitive uses near to sources of noise generation.  However, given
that there are existing houses close by this issue is secondary to the principle of the
proposal being contrary to housing in the countryside policy. 
The layout and orientation of the proposal does not raise any issues with regard to
neighbour amenity in terms overlooking or overshadowing.  Sufficient garden ground
would be available to any future residents. 
Visual Amenity 
The site is bounded by a coniferous hedge which is an incongruous and alien feature
in the landscape.  Development of the site would not contribute positively to the
visual amenity of the area and would further detract from the rural nature of the site
and the quality of the local landscape.   
Roads and Access 
The access to the site was approved retrospectively.  Transportation and
Development has no objection to the use of this access and notes that proposed on
site turning and parking is adequate.  An informative is recommended for access to
the proposed septic tank if the application is approved.  Conditions are
recommended for the installation of bus boarders for school transport and local bus
transport as well as a condition to ensure that emptying of the septic tank is not
carried out from the public road network.  If approved conditions and informative as
recommended would be added. 
Drainage and Flooding 
The Kinnaird Burn runs along the southern boundary of the site.  Policy 52 of the
LDP (New development and flooding) states that there is a general presumption
against proposals for built development or land raising on a functional flood plain and
in areas where there is a significant probability of flooding from any source. 
Additional information with regard to flood risk was previously provided at the request
of the Flood Team.   
The plans show a septic tank and soakaway to the south east of the proposed new
house and a surface water soakaway to the west. 
Conservation Considerations 
The site is not within a Conservation Area.  There are not any Listed Buildings in the
area.  There will not be any impact on any built heritage assets.

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Natural Heritage and Biodiversity 
Policy 3, Biodiversity, of NPF4 requires local development to conserve, restore and
enhance biodiversity.  The previous submission did not include any landscaping
proposals and did not demonstrate any contribution to nature recovery or to the
strengthening of nature networks as required by NPF4. 
This application suggests that new tree planting would be undertaken on land to the
south of the site which is in the same ownership as this application site.  Whilst this
is welcomed this site was subject to a planning application for the erection of a
dwellinghouse in 2021 (21/00126/IPL).  Whilst this was refused it does suggest that
there would be pressure to continue to try to develop the woodland if this current
application is approved.   
Embedding Low and Zero Carbon Generating Technology in New Development 
Policy 32 of the LDP requires that a proportion of the energy use of each building is
provided by low and zero-carbon generating technology. If approved details of low or
low or zero-carbon generating technology would be required to meet the terms of
policy 32.   
Developer Contributions 
Primary Education   
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 within the catchment of Cleish Primary School. 
Education & Children’s Services have no capacity concerns in this catchment area at
this time.  No developer contributions are required. 
Economic Impact 
The economic impact of the proposal is likely to be minimal and limited to the
construction phase of the development. 
VARIATION OF APPLICATION UNDER SECTION 32A 
This application was not varied prior to determination. 
PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 
None required.

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DIRECTION BY SCOTTISH MINISTERS 
None applicable to this proposal. 
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 
1 The proposal is on a greenfield site that is not allocated for development and
development on the site is not explicitly supported by policies in the Local
Development Plan. It is therefore contrary to Policy 9 b), Brownfield, Vacant
and Derelict Land and Empty Buildings of National Planning Framework 4
(2023). 
2 The proposal is contrary to Policy 17 Rural Homes of National Planning
Framework 4 (2023) as it fails to meet any of the 8 criteria listed within Policy
17a). 
3 The proposal is contrary to Policy 19, Housing in the Countryside of the Perth
and Kinross Local Development Plan 2 (2019) as it fails to comply with any of
the 6 categories listed in the policy.  In particular the site has been specifically
cleared of woodland and the boundaries planted with non-native hedging to
specifically create a site for development.  This is contrary to the Housing in
the Countryside Supplementary Guidance (2020) Category 1, Building
Groups.  In addition development of the site does not safeguard the character
of the countryside and does not ensure that high standards of siting and
design are achieved. 
4 The proposal is contrary to Policy 14a) and b), Design, Quality and Place, of
National Planning Framework 4 (2023), and Policy 1A and 1Bb),
Placemaking, of the Perth and Kinross Local Development Plan 2 (2019). 
The proposed development would detract from the visual amenity and
landscape character of the area and does not contribute to creating a
distinctive, pleasant or sustainable place. 
5 The proposal is contrary to Policy 39, Landscape, of the Perth and Kinross
Local Development Plan 2 (2019) as development would conflict with the aim
of maintaining and enhancing the landscape qualities of Perth and Kinross.  
Such piecemeal development, sited in an area of former woodland, is not
appropriate to maintaining and enhancing the landscape qualities of Perth and
Kinross.

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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 
None. 
Procedural Notes 
Not Applicable. 
PLANS AND DOCUMENTS RELATING TO THIS DECISION 
01 
02 
03 
04 
05 
06 
07 
08 
09

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Case Reference Number 19/00310/ALUNDV
Description of Possible Breach Construction of a caravan/building; formation of an
access track and parking area; change of use of
open space to garden ground; formation of an
access from B996
Date Observation Received 16 September 2019
Address/Location Hillview
Kinnaird
Blairadam
Kelty
KY4 0JB
Ward Kinross-shire
Case Officer DR
Approach to Planning Enforcement
Perth & Kinross Council endeavours to resolve breaches of planning control where
possible, through either informal or formal means to remedy the breach. The use of
enforcement action is; however, a discretionary power and the Council is not required to
take any particular action and may decide, in some cases, that not taking action is justified.
In determining whether it is expedient to take formal action, the Council must have regard
to:
a) Whether a breach of planning control has occurred;
b) Whether enforcement action is justified and in the wider public interest;
c) Relevant provisions of the Development Plan and other material considerations;
d) The priorities specified within the Planning Enforcement Charter
Consultations
Consultee Date Consulted Consultee Comments
None.
Site History
06/00113/FUL Erection of a dwellinghouse 7 April 2006 Application Refused
06/01874/FUL Erection of a detached dwellinghouse (Re-submission 06/00113/FUL) 6
August 2007 Application Refused
Planning Enforcement
Closing Report

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11/01874/FLL Removal of condition 3(ii) of planning consent 06/01874/FUL to remove bus
boarders pick up/drop off point 22 December 2011 Application Approved
16/00416/FLL Erection of a garage with ancillary accommodation 20 April 2016
Application Refused
16/01235/FLL Erection of ancillary accommodation 29 August 2016 Application Approved
18/00450/FLL Siting of 4no. holiday accommodation units, formation of a vehicular access
and associated works 26 September 2018 Review Dismissed by LRB
19/00164/FLL Erection of ancillary accommodation, boundary fence and formation of
vehicular access 13 February 2019
19/00204/FLL Change of use of woodland to garden ground, siting of ancillary
accommodation, erection of a fence and formation of vehicular access (in part retrospect)
18 April 2019 Application Refused
20/01207/FLL Change of use from agricultural land to form extension to garden ground (in
retrospect) 8 November 2020 Application Refused
22/00505/FLL Change of use from open space to form extension to garden ground,
formation of vehicular access and parking area (in retrospect) 26 July 2022 Application
Approved
07/00052/REF Erection of a detached dwellinghouse (Re-submission 06/00113/FUL) 8
January 2008 Appeal Allowed
Main Report
The following observation was received: Construction of a caravan/building; formation
of an access track and parking area; change of use of open space to garden
ground; formation of an access from B996. The results of the case officer’s
investigation are as follows.
It has been determined that development has been undertaken and these do constitute
development, as defined in Section 26 of the Town and Country Planning (Scotland) Act
1997 (as amended).
Planning Permission was not in place for the development.
The development does not constitute Permitted Development under The Town and
Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended).
It has been established that a breach of planning control has occurred. Having considered
the impacts in respect of amenity / appearance / traffic safety, it has been found that these
require to be considered against the Perth and Kinross Local Development Plan 2 (2019)
(LDP2). It was considered to be in the public interest to take action to remedy the breach
to an acceptable level. To achieve this, the following action was taken:

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A formal Enforcement Notice was served by the Planning Authority under Section 123(1) /
179(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). The Notice
was appealed through the Planning and Environmental Appeals Division. The amended
Notice required the following steps to be taken:
Step 1. Removed at appeal.
Step 2. With the exception of land within the curtilage of the dwellinghouse, cease using
the land as domestic garden ground. For the avoidance of doubt, the curtilage of the
dwellinghouse is the hatched area on the second plan attached to this Notice.
Step 3. Remove all materials that have been laid on the land to form the access track and
parking area immediately to the south of the curtilage of the dwellinghouse.
Step 4. Removed at appeal.
Step 5. Remove the lawn that has been planted on the land outwith the curtilage of the
dwellinghouse.
Step 6. Removed at appeal.
Step 7. Following the removal of the access track, parking area, hardstanding and lawn as
described above, allow these areas to revegetate and return to their former state as
scrubland/woodland.
Step 8. Removed at appeal.
Step 9. Cease all vehicular use of the two unauthorised accesses that have been formed
from the public road.
Step 10.  Removed at appeal.
Planning permission 22/00505/FLL was approved on the 31st of March 2022, addressing
step 3.
Steps 5 and 7 have not been fully complied with as the lawn has not been removed,
however considering the nature of the breach it's considered not in the public interest to
pursue further.
All other steps appear to have been complied with following a visual inspection of the site
on the 21st of December 2022.
The Notice was complied with to a satisfactory standard.
This action is considered to be proportionate to the breach identified and satisfactorily
resolved the planning harm identified.
The owner of the land should be aware that, whilst this enforcement case is being closed,
the Council, as Planning Authority, reserves the right to undertake a further investigation
should any further information be provided in regard to breaches of planning control in the
future.
Decision

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Perth & Kinross Council, as the Planning Authority, has determined that the case
has been closed because:
Not in the Public Interest to Pursue
This decision has been reached for the following reasons:
Not in the Public Interest to Pursue
Authorising Officer SP1                  
Date of Decision 19 January 2023

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Fig 2 – Aerial Photograph  (Google source)

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