Minute of meeting of 24 February 2025
Perth and Kinross Council · 26 May 2025
Back to Local Review Body — 26 May 2025 and its agenda
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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 24 February 2025. Present: Councillor B Brawn, Councillor I James and Councillor G Stewart. In Attendance: L Tierney (Planning Adviser); C MacLeod, (Legal Adviser); and A Brown (Democratic Support Officer) (all Legal and Governance). Also Attending: M Pasternak and R Ramsay (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 27 January 2025 was submitted and noted. 4. Applications For Review (i) LRB-2025-01 24/1233/FLL - Erection of a dwellinghouse, land 20 metres south of Hillview, Kinnaird, Blairadam, Kelty, KY4 0JB – Mr D Allan Members considered a Notice of Review seeking a review of the decision by the Appointed Officer to refuse erection of dwellinghouse, land 20 metres south of Hillview, Kinnaird, Blairadam, Kelty, KY4 0JB. 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 dwellinghouse, land 20 metres south of Hillview, Kinnaird, Blairadam, Kelty, KY4 0JB, be refused for the following reasons:
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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 17 a). 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 29, Landscape, of the Perth and Kinross Local Development Plan 2 (2019) as development would conflict with the aim of maintaining and enhancing the landscaping 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. Note Councillor I James dissented from the majority opinion. He considered that as the site is north of the burn and planting will be on the south of the burn this would create the boundary and the new house would fit within the existing housing group. Therefore, the Appointed Officer’s decision should be overturned.
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(ii) LRB-2025-02 24/01333/FLL - Replacement of existing fence (in retrospect), Perthshire Caravans, Errol, Perth, PH2 7SR – Perthshire Caravans Ltd Members considered a Notice of Review seeking a review of the decision by the Appointed Officer to refuse replacement of existing fence (in retrospect), Perthshire Caravans, Errol, Perth, PH2 7SR. 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 replacement of existing fence (in retrospect), Perthshire Caravans, Errol, Perth, PH2 7SR, should be granted, subject to the imposition of relevant terms, conditions and informatives, to include a condition that the fence be painted green within a time limit of 4 months. Justification As the security of the site is a material consideration and the area is already in industrial use, the proposal should be granted. Note Councillor G Stewart dissented from the majority opinion. He considered that the fence is incongruous to the area. Therefore, the Appointed Officer’s should be upheld. (iii) LRB-2025-03 24/00872/FLL - Erection of dwellinghouse and associated accommodation unit, erection of poly tunnel, installation of waste water treatment system, installation of water storage and associated works, land 300 metres south east of Dalrannoch Farm, The Ross, Comrie, Crieff, PH6 2LE – Ms R Reid Members considered a Notice of Review seeking a review of the decision by the Appointed Officer to refuse erection of dwellinghouse and associated accommodation unit, erection of poly tunnel, installation of waste water treatment system, installation of water storage and associated works, land 300 metres south east of Dalrannoch Farm, The Ross, Comrie, Crieff, PH6 2LE. 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 unanimous decision that: (ii) the review application for erection of dwellinghouse and associated accommodation unit, erection of poly tunnel, installation of waste water treatment system, installation of water storage and associated works, land 300 metres south east of Dalrannoch Farm, The Ross, Comrie, Crieff, PH6 2LE, be refused for the following reason: 1. The proposals are contrary to National Planning Framework 4 (2023), Policies, 9: Brownfield, Vacant and Derelict Land and Empty Buildings, 17: Rural Homes and Perth and Kinross Council Local Development Plan 2 (2019), Policy 19: Housing in the Countryside and associated Supplementary Guidance (2020), as the development does not meet any of the relevant criteria which would enable support of new residential units within the countryside. 2. The proposals are contrary to National Planning Framework 4 (2023) Policy 14: Design, Quality and Place and Perth and Kinross Council Local Development Plan 2 (2019) Placemaking Policies: 1A and 1B (parts a, b, c and f), Policy 39: Landscape; and associated supplementary guidance (2020), as the proposals by reason of their prominent locations, juxtaposition, lack of cohesion and screening would not contribute positively to the quality of the surrounding area, resulting in adverse visual amenity and landscape impacts. 3. The proposals are contrary to National Planning Framework 4 (2023), Policy 13: Sustainable Transport and Perth and Kinross Local Development Plan 2 (2019), Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals, as insufficient information has been provided in respect of the required visibility splays which would verify that the development could be provided with a safe means of vehicular access. 4. The proposals are contrary to National Planning Framework 4 (2023) Policy 22: Flood Risk and Water Management and Perth and Kinross Council Local Development Plan 2 (2019), Policies 52: New Development and Flooding and 53: Water Environment and Drainage in that there is a presumption against built development in areas at risk of flooding. Insufficient information has been provided to determine what the on or off-site flood or draining related impacts of the development may be or how they could be mitigated.
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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.