Democracy Spraffa

(b) Planning Decision Notice, Report of Handling and Reference Documents (Pages 465-504)

Perth and Kinross Council · 26 May 2025
Back to Local Review Body — 26 May 2025 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

Original council PDF · Download plain text

Some pages contain no extractable text. They may be blank, graphics or scanned pages. OCR has not been applied.

Page 1

4(iii)(b) 
LRB-2025-06 
LRB-2025-06
24/01518/FLL – Erection of a dwellinghouse, land 55
metres south east of Ashlea, Middlebank Farm, Errol,
Perth, PH2 7SX 
Planning Decision Notice 
Report Of Handling 
Reference Documents

Page 2

No embedded text on this page.

Page 3

No embedded text on this page.

Page 4

No embedded text on this page.

Page 5

1
Report of Handling 
Delegated Report 
Ref No 24/01518/FLL
Ward No P1- Carse Of Gowrie
Due Determination Date 20th December 2024 
Draft Report Date 18th December 2024
Report Issued by Alma Bendall Date 18/12/24 
Proposal: Erection of a dwellinghouse 
Location:  Land 55 Metres South East of Ashlea Middlebank Farm Errol
Perth PH2 7SX    
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 
Application site relates to the northernmost section of a rectangularly shaped, parcel
of unused agricultural land, located adjacent to the Golf Driving Range at
Middlebank, within the Carse of Gowrie. 
The local area is characterised by interspersed traditional agricultural holdings and
an associated  variety of storage buildings of differing ages, materials and uses. A
line of poplar trees run down either side of the driving range and make a prominent
feature in the otherwise, flat landscape. 
The A90 Trunk Road exists further to the north. A shared private access road exits
from/leads onto the southbound section of the dual carriageway, serving the
buildings at Middlebank Farm. It borders the northern and eastern sides of the site,
running southwards before linking with the minor public road network that leads
eastwards to The Grange or westwards towards the Horn Milk Bar. 
This submission is seeking approval for a detached dwellinghouse with
accommodation on two levels. A separate application has been submitted in the field
to the northeast, for a vehicle service and repair workshop, formation of hardstanding
and associated works – 24/015201FLL refers. 
Site History 
None for this location, extensive elsewhere at the farm. 
Pre-Application Consultation 
Pre application Reference: None undertaken.

Page 6

2
Development Plan 
The Development Plan for the area comprises National Planning Framework 4
(NPF4) and the Perth and Kinross Local Development Plan 2 (2019) (LDP2). 
National Planning Framework 4 
The National Planning Framework 4 (NPF4) is the Scottish Government’s long-term
spatial strategy with a comprehensive set of national planning policies.  This strategy
sets out how to improve people’s lives by making sustainable, liveable and
productive spaces.   
NPF4 was adopted on 13 February 2023. NPF4 has an increased status over
previous NPFs and comprises part of the statutory development plan. 
The Council’s assessment of this application has considered the following policies of
NPF4: 
Policy 1: Tackling the Climate and Nature Crises
Policy 2: Climate Mitigation and Adaptation
Policy 3: Biodiversity
Policy 4: Natural Places
Policy 5: Soils
Policy 6: Forestry, Woodland & Trees
Policy 9: Brownfield, Vacant & Derelict Land and Empty Buildings
Policy 12: Zero Waste
Policy 13: Sustainable Transport
Policy 14: Design, Quality and Place
Policy 17: Rural Homes
Policy 18: Infrastructure First
Policy 19 Heating and Cooling
Policy 26: Business and Industry 
Policy 29: Rural Development 
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 6: Settlement Boundaries  
Policy 19: Housing in the Countryside  
Policy 39: Landscape  
Policy 40A: Forest, Woodland and Trees
Policy40B: Trees Woodland and Development
Policy 41: Biodiversity  
Policy 51: Soils
Policy 53B: Water Environment and Drainage: Foul Drainage
Policy 53C: Water Environment and Drainage: Surface Water Drainage

Page 7

3
Policy 56: Noise Pollution
Policy 58A: Contaminated and Unstable Land: Contaminated Land
Policy 60B: Transport Standards and Accessibility Requirements: New Development
Proposals    
Statutory Supplementary Guidance 
- Supplementary Guidance - Air Quality (adopted in 2020)
- Supplementary Guidance - Airfield Safeguarding (adopted in 2020)
- Supplementary Guidance - Delivering Zero Waste (adopted in 2020)
- Supplementary Guidance - Developer Contributions & Affordable Housing
(adopted in 2020)
- Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020)
- Supplementary Guidance - Green & Blue Infrastructure (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 - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and
the River Tay SAC
- Planning Guidance - Planning & Biodiversity
- Supplementary Guidance - Renewable & Low Carbon Energy (draft) 
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

Page 8

4
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 
Internal: 
Community Waste Advisor (Environment Service) – no comments received. 
Transportation And Development, have raised no objections, but noted that layout
does not meet with Building Warrant requirements in respect that the WWTP is
located over 25 metres away from the shared access and will require access for
desludging lorries. 
Development Contributions Officer – has advised that the site is within the catchment
area of Inchture Primary School which is operating over the prescribed marker and
as such Education contributions of £6 300.00 would be required. 
External: 
Transport Scotland – have made no objections to the proposals. 
Representations 
Two representations have been received, one from a neighbouring resident. Both
parties have raised similar concerns in respect of: 
 loss of agricultural prime land
 adverse residential impacts
 incompatibility with policy or objectives 
 lack of established business
 loss of trees
 out of character with the area

Page 9

5
The points raised will be covered in the subsequent appraisal. 
Additional Statements Received 
Screening Opinion  Not Required
Environmental Impact Assessment (EIA):
Environmental Report
Not applicable
Appropriate Assessment under Habitats
Regulations
Not Required
Design Statement or Design and Access
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
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 proposed development area is outwith any defined settlement boundary and, as
such, background policy considerations are therefore applicable. The most relevant
policies being those relating to new housing in the countryside, landscape and
placemaking considerations, which collectively seek to protect and enhance local
environments and guide development to appropriate locations thereby avoiding any,
on or off-site, adverse impacts. 
Policy 19: Housing in the Countryside of LDP2 acknowledges that opportunities do
exist for housing in rural areas which support the viability of communities and meet
development needs in appropriate locations, subject to safeguarding the character of
the countryside, as well as ensuring that a high standard of siting and design is
achieved. 
The Council would as a result, support proposals for the erection, or creation through
conversion, of single houses and groups of houses in the countryside which fall into
at least one of the following categories as outlined within the Supplementary
Guidance (SG): 
 Building Groups

Page 10

6
 Infill site
 New houses in the open countryside on defined categories of sites as set out
in section 3 of the Supplementary Guidance
 Renovation or replacement of houses
 Conversion or replacement of redundant non-domestic buildings
 Development on rural brownfield land 
The supplementary guidance, "The Housing in the Countryside Guide" which was
adopted by the Council in 2020 assists in the assessment of the Policy 19.  This
highlights that: 
Permission may be granted for houses within building groups and permission may
be granted, subject to the criteria above, for houses which extend a building 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. 
While there may be a group of buildings at Middlebank Farm, the application site is
clearly separate from the nucleus of the built-up areas by reason of the intervening
access roads and agricultural land. The site stands alone and lacks any direct
relationship to the existing buildings – other than sharing the same access route, and
as such is not considered to be “infill” or form part of an established building group. 
Further, removal of a section of the bordering and highly visible poplar tree avenue
to accommodate the house, would only exacerbate the lack of any site containment
and enable further as-hoc linear development opportunities elsewhere along this
field edge of the roadside. 
The site is also not compatible under part (6) Rural Brownfield Land as this only
applies to derelict land which was at one time occupied by buildings.  National
Planning Framework 4, Policy 9: Brownfield, Vacant and Derelict Land and Empty
Buildings, also states that greenfield sites will not be supported unless allocated for
development or the proposal is explicitly supported by LDP policies. 
As the site forms part of a larger field, away from the building group and consists of
Class 2 (Prime) Agricultural land, it does not meet any of the requirements of
category 6 of the HitC SG. 
The only remaining relevant Category is 3 of LDP2 Housing in the Countryside
Supplementary Guidance as it relates to New Houses in the Open Countryside and
allows – where there is a genuine need, for favourable consideration of proposals
that fall into at least one of the following categories:
3.1 Existing Gardens
3.2 Houses in Areas of Flood Risk
3.3 Economic Activity
3.4 Houses for Local People
3.5 Houses for Sustainable Living 
Parts 1, 2, 4 & 5 of Category 3 SG are not relevant in this instance.

Page 11

7
Policy 17: Rural Homes, of NPF4 is also of note as it seeks to encourage and
promote and facilitate affordable and sustainable homes in the right locations. It
provides a key criterion whereby proposals for appropriately scaled and designed
new rural homes may be accepted. As in section v. whereby housing “is
demonstrated to be necessary to support the sustainable management of a viable
rural business or croft, and there is an essential need for a worker (including those
taking majority control of a farm business) to live permanently at or near their place of
work.” 
It is noted that a separate planning application 24/01520/FLL relates to the
applicant’s business proposal, in a nearby field. This activity is not considered
essential in such a rural location and is also being recommended for refusal. Given
the lack of connection to any viable established rural business nearby, there is no
supporting economic justification or requirement to live at the site. Accordingly, part
3, Economic Activity exemption is not applicable. 
The principle of the rural development as a result cannot be supported as it is
contrary to the Policy 19 of LDP2 and NPF4 Policy 17. 
Design, Layout and Visual Amenity 
Generally, the design and scale of development should respect its surroundings and
adhere to Policies 1A and B of LDP2, which relate to placemaking.  Further guidance
is also provided within the associated Placemaking Supplementary Guidance (SG). 
The Housing in the Countryside Supplementary Guidance 2020 includes detailed
siting criteria which also require to be considered in any proposal. 
The layout forwarded for the house does not acknowledge the pattern  of existing
built layout but has been designed instead to sit in isolation overlooking what would
be the access into the business element of the applicants’ proposals. Assuming the
principle was excepted, if security was an issue at the site, then this could be
controlled remotely via technology allowing for the repositioning or removal of the
house, or by any justifiable house forming part of the commercial enterprise
compound. 
The proposed house type is contemporary in nature and not concerning in terms of
scale or appearance, featuring the use of slates, vertical timber cladding, stone and
expanses of glazing. 
The layout of the house towards the rear of the plot (5m from boundary) however
creates an unnecessary substandard level of private amenity space and potential of
conflict with adjoining uses to the rear. The unit will because of its setting, loss of
trees and relationship to other buildings, appear out of keeping with the established
landscape character and visually intrusive within the surrounding area, contrary to
the aims of the placemaking criteria set out in LDP2 Policies 1A & 1B, Landscape 39
and NPF4 Policy 14: Design, Quality and Place.   
Landscape 
No existing block plan has been received. The proposed block plan and absence of
any tree survey indicates that it may be the intention to clear all of the mature trees
which run along the rear boundary of the site. It is unclear as who owns the land the

Page 12

8
trees are on, but it is highly probable that they are outwith the site and were planted
by the former owner of Middlebank to screen off the golf driving range. As a result,
there is likely to be some form of historic recognition or protection of the trees via
planning conditions or inclusion within approved plans. However, even if the
applicant were not to remove those trees, the development of the site could place
undue pressure on the removal of them as they would undoubtedly have a significant
impact on the levels of light obtained in rear garden ground for example.  
The loss of the trees would be regrettable and create an unwarranted and
unbalanced skyline given the columnar nature of the poplars and characteristic linear
planting which is a distinctive local feature and landmark. 
No designated landscape plan has been prepared and while there is a specification
indicating that a 1m high hedgerow will be planted together with a post and wire
fence, that is of limited landscape worth and lacks sufficient detailing in terms of
extent, location and relationship to what already exists. 
The proposals as a result are considered to have adverse landscape impacts over
the wider Carse and are contrary to policy 39 of LDP2. 
Residential Amenity 
The formation of residential development has the potential to result in overlooking
and overshadowing to neighbouring dwellings and garden ground.  There is a need
to secure privacy for all the parties to the development those who would live in the
new dwellings, those that live in the existing house and those that live in adjoining
dwellings.  Planning control has a duty to future occupiers not to create situations of
potential conflict between neighbours.   
The Council's guidance generally seeks to ensure there is a minimum distance of 9m
from windows to boundaries in order to mitigate overlooking from new development.
As noted previously this is not being achieved due to the proximity to the rear site
boundary.  However, it is noted that there are no residential properties to the west at
this time.  Notwithstanding, the layout should still seek to meet with established
standards so as to future proof development sites, and to ensure the appropriate
provision of garden ground. 
The standalone nature of the house and surrounding land title within the applicants
control is such however that there are no significant residential amenity concerns in
respect of overlooking, overshadowing or noise. 
A standard condition would be required in relation to the proposed ASHP.  
Roads and Access 
The layout indicates that the house is to be set towards the rear of the plot with
formal parking for 4 vehicles at the end of the access driveway. Due to the proximity
to the trunk road, Transport Scotland were consulted together with Transport
Planning Officers. No objections have been made, though comment has been
expressed over the proposed layout and lack of compatibility with Building Standard
Regulations.

Page 13

9
Drainage and Flooding 
The application form indicates that the site is to connect to a private drainage system
with surface water system catered for through a SUDS system.  This is in
accordance with Policy 53B and C of the LD2.  A suitable surface water drainage
system should be secured by condition should any planning permission be granted. 
Natural Heritage, Biodiversity & Soils 
The proposals have the potential for negative impacts due to the loss of prime
agricultural land, removal of the field edge and mature trees. Policy 50 of LDP2
states that development on prime agricultural land will not be permitted unless it is
necessary to meet a specific established need. 
No tree or ecological survey has been undertaken to assess potential impacts, nor
scope for protection, mitigation or enhancement measures. The proposals as a
result, are contrary to the objectives of NPF4 policies 1, 3 & 5 as well as 40A, 40B,
41 & 50 of LDP2 in respect of nature crisis, biodiversity, forestry, woodland & trees
and soils. 
Developer Contributions 
The Developer Contributions Guidance is applicable to this application and
contributions would be required if the recommendation was to approve. 
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, in accordance with the terms
of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. 
The variations incorporate changes to 
Planning Obligations and Legal Agreements 
None required.   
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.

Page 14

10
Accordingly, the proposal is refused on the grounds identified below. 
Reasons for Refusal 
1 The proposals are contrary to National Planning Framework 4 (2023),
Policies, 9: Brownfield, Vacant & Derelict Land and Empty Buildings, 17: Rural
Homes and Perth & 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 & Place and Perth & Kinross Council Local Development
Plan 2 (2019) Placemaking Policies: 1A & 1B (parts a, b, c, d and f), Policy
39: Landscape; and associated supplementary guidance (2020), as the
proposals by reason of tree removal, site location, juxtaposition and lack of
cohesion with existing buildings and absence of any landscape containment,
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 NPF4 Policy 1, 3 & 5 and Perth & Kinross
Council Local Development Plan 2 (2019) Policies  40A, 40B and 50 which
seeks to protect prime agricultural land, trees, biodiversity and wildlife habitats
and requires a detailed tree and ecology survey to be undertaken in order to
demonstrate the presence and any potential impacts on trees and protected
species which may be contained within such habitats.  No tree or ecology
survey has been submitted with the application. 
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 
Not Applicable. 
Procedural Notes 
Not Applicable. 
Plans and Documents Relating to this Decision 
01
02
03
04
05
06
07

Page 15

No embedded text on this page.

Page 16

No embedded text on this page.

Page 17

No embedded text on this page.

Page 18

No embedded text on this page.

Page 19

No embedded text on this page.

Page 20

No embedded text on this page.

Page 21

No embedded text on this page.

Page 22

No embedded text on this page.

Page 23

No embedded text on this page.

Page 24

No embedded text on this page.

Page 25

No embedded text on this page.

Page 26

No embedded text on this page.

Page 27

No embedded text on this page.

Page 28

No embedded text on this page.

Page 29

No embedded text on this page.

Page 30

No embedded text on this page.

Page 31

No embedded text on this page.

Page 32

No embedded text on this page.

Page 33

No embedded text on this page.

Page 34

No embedded text on this page.

Page 35

No embedded text on this page.

Page 36

No embedded text on this page.

Page 37

No embedded text on this page.

Page 38

No embedded text on this page.

Page 39

No embedded text on this page.

Page 40

No embedded text on this page.