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(c) Representations (Pages 505-560)

Perth and Kinross Council · 26 May 2025
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4(iii)(c) 
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 
Representations

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Mr Ian Thomson (Objects)
Comment submitted date: Mon 09 Dec 2024 
The site is Greenfield in status and not allocated for development. 
This contradicts NPF4 
Policy 9(b): Brownfield, vacant and derelict land and empty buildings states:
"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" 
Policy 29: Rural Development states:
"a) Development proposals that contribute to the viability, sustainability and
diversity of rural communities and local rural economy will be supported,
including:
i.  farms, crofts, woodland crofts or other land use businesses, where use
of good quality land for development is minimised and business viability
is not adversely affected;
ii. diversification of existing businesses;
iii. production and processing facilities for local produce and materials, for
example sawmills, or local food production;
iv.  essential community services;
v.  essential infrastructure;
vi.  reuse of a redundant or unused building;
vii.  appropriate use of a historic environment asset or is appropriate enabling
development to secure the future of historic environment assets;
viii.  reuse of brownfield land where a return to a natural state has not or will
not happen without intervention;
ix.  small scale developments that support new ways of working such as
remote working, homeworking and community hubs; or
x. improvement or restoration of the natural environment.
b)  Development proposals in rural areas should be suitably scaled, sited and
designed to be in keeping with the character of the area. They should also
consider how the development will contribute towards local living and take into
account the transport needs of the development as appropriate for the rural
location." 
The site is Greenfield in status and not allocated for development. 
Outside the identified settlements, development on prime agricultural land will not be
permitted, unless it is necessary to meet a specific established need, such as a
major infrastructure proposal and only when there is no other suitable site available
on non- prime land. Small scale development directly linked to rural business,
including housing, may also be acceptable on prime agricultural land, providing it is
compatible with all other aspects of the policy framework of the Plan and there are
no other suitable non-prime land sites available, and it does not adversely affect the
viability of the agricultural unit.

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The site in question is prime agricultural land, as noted in Scottish Planning Policy
(SPP): Encourages the protection of prime agricultural land (Classes 1, 2, and 3.1)
for food production. Development on such land is generally discouraged unless:
-  There is no suitable alternative site.
-  The development is essential for agriculture or rural housing.
-  The site in question is prime agricultural land, class 2, as referenced on Scotland's
environment website. 
I OBJECT to prime agricultural land that is Greenfield in status being used to build a
house on that has only recently been purchased by the applicant.

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VAT No. 355945463      Registered in Scotland No. SC668532 
Town Planning Consultants
Address: 38 Cortachy Crescent, Broughty Ferry DD5 3BF
Tel: 01382 472995 or 07841658360 
Email: emelda@about-planning.co.uk 
Date: 23rd March 2025 
Lisa Simpson 
Clerk to the Local Review Body
Perth + Kinross Council
2 High Street
Perth
PH1 5PH 
Sent by email: Planninglrb@pkc.gov.uk 
Dear Ms Simpson, 
Town and Country Planning (Scotland) Act 1997 (as Amended)
Planning Application Ref: 24/01518/FLL - Erection of a dwellinghouse, Land
55 Metres South East Of Ashlea, Middlebank Farm, Errol, Perth PH2 7SX 
We act on behalf of Ms Jane Elder  who lives  to the
northeast of the site.  Ms Elder OBJECTED to the Planning Application and has attached as
Appendix 1 her original letter in support of overturning this appeal. 
In addition, Ms Elder supports PKC’s reasons for refusing this Application attached as
Appendix 2, together with the justification for doing so as described in the Planning Officer’s
Report of Handling attached as Appendix 3.   
Before turning to the planning reasons justifying the refusal of this appeal, Ms Elder would
be grateful if the Local Review Body (LRB) will also take into account the background the
proposal and the following misleading information and actions of the Appellant in refusing
this appeal. 
Background to Proposal 
The Applicant’s supporting statement submitted with the original Application stated:

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VAT No. 355945463      Registered in Scotland No. SC668532 
“The Planning Application proposes a new residential dwelling. Although a separate
application, this house has been proposed as an addition to an application for a new HGV
service and repair building in the adjacent land. The applicant (Mr Ramsay) has an
established business (RMS Redgorton Garage) operating from Redgorton near Luncarty.
However due to its expansion, purpose made facilities are now required. Mr Ramsay is
hoping to construct a house and business premises within close proximity of each other.” 
The Application for the new HGV service and repair building on the adjacent land was
submitted under Application Ref: 24/01520/FLL was subject to consideration on its own
planning merits, independent of this Application (and now Appeal) for the house referred
to.  It has in any case been refused by PKC for 7 no reasons, as identified in the Reason for
Refusal Ref: 24/01520/FLL attached as Appendix 4, not only as the principle was
unacceptable, but the proposal also failed to comply with detailed policy considerations. 
Whilst no link was made by the Applicant in submitting both proposals, by combining into
a single Application, the refusal of the new HGV service and repair building further dilutes
any need for a new house to operate this business. 
Inconsistency of Information Provided by the Appellant/New Information 
It is clear from the  Applicant’s supporting statement submitted with the original Application
referred to above that the original Application sought to imply a link between the proposed
new house and proposed HGV service and repair building adjacent (now refused). 
However, the submitted appeal by the Applicant now states a different ‘economic’ reason
for the proposed house, as follows: 
“Mr Ramsay owns a large area of land surrounding the site which; is used for agricultural
purposes (see attached plans, additional  land owned by Mr Ramsay is outlined in blue).
In addition, Mr Ramsay’s brother owns the neighbouring Golf driving range and additional
farm land which both brothers actively work and operate as an existing business. Currently,
the applicant is having to commute a significant distance to operate this business.” 
The suggested need for the house appears to have changed between the submission of
the Application and this appeal.  The new information should not be relied upon in the
determination of this appeal, having regard to Section 43B of the Act which restricts the
ability of parties to introduce new matters at the review stage unless they are material to
the determination of the case. 
Additional Actions by Appellant Since Refusal 
Since refusal of permission, the Appellant has cut back the trees, installed fencing and
gates and have also started spreading hardcore at the entrance to the field. They have split
the field in two and installed bushes.

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VAT No. 355945463      Registered in Scotland No. SC668532 
The Enforcement Officer at PKC has been contacted to clarify what further planning
applications may now be required from the Appellant. 
Other Matters of Concern 
The Report of Handling confirms that there were 2 no. letters of objection to the Planning
Application.  No letters of support were received, during the determination of the
Application.  The 3 no. letters of support attached to the Appeal submission are new and as
such having regard to Section 43B of the Act should not be taken into account. 
That said, Ms Elder would also wish to highlight that they are unlikely to have a tangible
neighbour interest since the owner of the barn does not use or occupy these premises.  They
may have items stored in the barn but they have been doing modifications to the roof so
aren’t using it as such. The second letter of support is from the Appellant’s brother and the
third letter is from Mr Sands who has the farm at the top of the road and therefore does not
live immediately adj. to the site. 
For information, the Appellant has recently put sheep in the field next to the proposed 
house.  Whilst this does not need consent, Ms Elder only wishes to document that this is a
recent and new activity and may in the future lead to an Application for justification for the
house based on the need for an ‘agricultural’ worker’s house.  Albeit that this is not a
justification currently being promoted. 
Support for PKC’s 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. 
Ms Elder supports the Planning Officer’s analysis in their Report of Handling justifying
non-compliance with the above, concluding: 
“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

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VAT No. 355945463      Registered in Scotland No. SC668532 
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.” 
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. 
Ms Elder supports the Planning Officer’s analysis in their Report of Handling justifying
non-compliance with the above, concluding: 
“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… 
The proposals as a result are considered to have adverse landscape impacts over
the wider Carse and are contrary to policy 39 of LDP2.” 
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. 
Ms Elder supports the Planning Officer’s analysis in their Report of Handling justifying
non-compliance with the above, concluding: 
“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,

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VAT No. 355945463      Registered in Scotland No. SC668532 
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.” 
Additional Comments on Appellant’s Statement 
Reason 1
As stated by the Planning Officer the building does not fall within an ‘existing group’ within
defined topography, but rather unnaturally extends outwards and southerly from the
established group further to the north and outwith established and existing defined
landscape features. 
Reason 2
The Appellant seeks to justify that this is an infill development stating that “the site is bound
by buildings either side”.  However, the location plan only illustrates existing building to the
north and northeast and therefore does not fulfil this definition. 
Reason 3
The Appellant’s justification  for a house in the countryside is based on need for a house
associated with economic activity, however, as stated above, the Appellant has changed
this reason from the submitted Application, where it was required in association with the
proposed (and now refused) HGV vehicle repair unit to a need associated with the
neighbouring Golf driving range and additional farm land which both brothers actively work
and operate as an existing business. Currently, the applicant is having to commute a
significant distance to operate this business. 
There is an inconsistency in the submission and a business justification report has not been
submitted in support.  As a result, there is no objective justification under this policy for a
house for economic purposes. 
Legislative Requirements in Determining the Planning Applications 
It is considered that the proposal conflicts with the requirements of the Development Plan
and therefore with Section 25 of the Act which requires that an application for planning
permission shall be determined in accordance with the Development Plan unless material
considerations indicate otherwise.
In conclusion, Ms Elder respectfully requests that the Planning Appeal is REFUSED by the LRB,
for the reasons provided. 
Yours sincerely, 
Emelda Maclean MRTPI
About Planning Ltd

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VAT No. 355945463      Registered in Scotland No. SC668532 
APPENDIX 1

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Name: Jane Elder
Address: 
Telephone: 
Email: 
Date: 8/12/2024 
Perth & Kinross Council 
Community Services 
Pullar House
Perth
PH1 5GD 
Sent by email: developmentmanagement@pkc.gov.uk 
Dear Ms Bendall, 
Town and Country Planning (Scotland) Acts Planning Application Ref: 24/01518/FLL -
Erection of a dwellinghouse Land 55 Metres South East Of Ashlea Middlebank Farm
Errol Perth PH2 7SX 
I reside at  and live adjacent to the site, where the
new dwellinghouse is proposed. Approval of this application could set a concerning
precedent for developments in this rural area, potentially leading to further erosion of
the countryside’s character and the amenity of existing residents. 
I OBJECT to the above Application, on the following grounds: 
The Planning Application Conflicts with the DEVELOPMENT PLAN 
In summary I OBJECT to planning application 24/01518/FLL on the grounds that it fails
to accord with the development plan for the following reasons:
• OBJECTION No. 1: The Principle of Development on Agricultural Land in the
Countryside is Unacceptable
• OBJECTION No. 2: Adverse/Detrimental Impact on Residential Amenity
• OBJECTION No. 3: The Proposal fails to secure Biodiversity Enhancement
and Climate Change Policy Objectives
• OBJECTION No. 4: The site in question is prime agricultural land
• OBJECTION No. 5: New house does not support an existing business

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I respectfully request that the Planning Application is REFUSED by PKC, having regard to
the following legislative requirements for decision-making and the above PLANNING
OBJECTIONS, for the following reasons. 
Legislative Requirements in Determining the Planning Applications 
It is considered that the proposal conflicts with the requirements of the Development
Plan and therefore with Section 25 of the Act which requires that an application for
planning permission shall be determined in accordance with the Development Plan
unless material considerations indicate otherwise. 
The relevant Development Plan context is provided by:
• National Planning Framework 4 (NPF4), adopted 2023;
• The Perth and Kinross Local Development Plan 2 (PKCLDP2), adopted 2019.
• Housing in the Countryside Supplementary Guidance March 2020 
It is relevant that NPF4 Policies will take precedent over PKCLDP2 and Housing in the
Countryside Supplementary Guidance March 2020, where inconsistencies, may apply. 
Objection No. 1: The Principle of Development on Agricultural Land in the
Countryside is Unacceptable 
PKCLDP2 identifies that the site is located outside a defined settlement boundary
within open countryside. The following Development Plan policies do not support the
change of use of the land from agricultural to Class 9: Houses of The Town and Country
Planning (Use Classes) (Scotland) Order 1997 
NPF4 
Policy 9(b): Brownfield, vacant and derelict land and empty buildings states: 
“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”
Policy 29: Rural Development states:
“a) Development proposals that contribute to the viability, sustainability and diversity of
rural communities and local rural economy will be supported, including:
i. farms, crofts, woodland crofts or other land use businesses, where use of good
quality land for development is minimised and business viability is not adversely
aFected;
ii. diversification of existing businesses;
iii. production and processing facilities for local produce and materials, for
example sawmills, or local food production;
iv. essential community services;
v. essential infrastructure;
vi. reuse of a redundant or unused building;

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vii. appropriate use of a historic environment asset or is appropriate enabling
development to secure the future of historic environment assets;
viii. reuse of brownfield land where a return to a natural state has not or will not
happen without intervention;
ix. small scale developments that support new ways of working such as remote
working, homeworking and community hubs; or
x. improvement or restoration of the natural environment.
b) Development proposals in rural areas should be suitably scaled, sited and designed
to be in keeping with the character of the area. They should also consider how the
development will contribute towards local living and take into account the transport
needs of the development as appropriate for the rural location.” 
Compliance Assessment 
• The proposal fails to comply with Policy 9(b) as the site is Greenfield in status
and not allocated for development.
• The proposal fails to comply with Policy 29(a) as it does not support the local
community or economy and is not within one of the listed categories. The
Applicant does not operate an existing business and currently operates from
Luncarty, as noted in supporting statement report
• The proposal fails to comply with Policy 29(b) as it is not of a scale or character
compatible with the adjoining area and this particularly applies to the
relationship of the proposed site, with my domestic dwellinghouse, which lies
immediately adjacent. The proposal fails to contribute to local living as also
required by this Policy. 
The Principle of this Proposal fails to comply with Policies 9 and 29 of NPF4 
PKCLDP2 
Policy 6: Settlement Boundaries states: 
“For those settlements which have a boundary defined in the Plan, built development
will be contained within that boundary. Development on sites that adjoin these
settlement boundaries will only be permitted where the proposal is:
(c) required to address a shortfall in housing land supply in line with Policy 24:
Maintaining an EFective Housing Land Supply: and
(d) will not result in adverse eFects, either individually or in combination, on the integrity
of a European designated site(s)”. 
The Proposal fails to comply with Policy 6 of PKCLDP2. 
Objection No. 2: Adverse/Detrimental Impact on Residential Amenity 
Planning Land Use Classification

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The Application form identifies that the Application relates to development on an
“existing field”. In planning terms, however, the established use of the site is agricultural
and there is no evidence that the site has ‘brownfield’ status. 
NPF4 
Policy 14: Liveable Places states:
a) Development proposals will be designed to improve the quality of an area whether in
urban or rural locations and regardless of scale.
b) Development proposals will be supported where they are consistent with the six
qualities of successful places:
Healthy: Supporting the prioritisation of women’s safety and improving physical and
mental health.
Pleasant: Supporting attractive natural and built spaces.
Connected: Supporting well connected networks that make moving around easy and
reduce car dependency
Distinctive: Supporting attention to detail of local architectural styles and natural
landscapes to be interpreted, literally or creatively, into designs to reinforce identity.
Sustainable: Supporting the ejicient use of resources that will allow people to live,
play, work and stay in their area, ensuring climate resilience, and integrating nature
positive, biodiversity solutions.
Adaptable: Supporting commitment to investing in the long-term value of buildings,
streets and spaces by allowing for flexibility so that they can be changed quickly to
accommodate dijerent uses as well as maintained over time.
Further details on delivering the six qualities of successful places are set out in Annex
D.
c) Development proposals that are poorly designed, detrimental to the amenity of the
surrounding area or inconsistent with the six qualities of successful places, will not be
supported. 
Compliance Assessment 
The Proposal fails to comply with Policy 14 of NPF4 as it has not been designed to 
improve the quality of this rural area and fails to illustrate compliance with the six
qualities of successful places. The proposal directly conflicts with part (c) as the
proposal will also have a detrimental impact on the amenity of the surrounding area. 
The Proposal fails to comply with Policy 14 of NPF4. 
PKCLDP2 
Policy 1A: Placemaking states:
“Development must contribute positively to the quality of the surrounding built and
natural environment. All development should be planned and designed with reference
to climate change, mitigation and adaptation. The design, density and siting of
development should respect the character and amenity of the place, and should create
and improve links within and, where practical, beyond the site. Proposals should also

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incorporate new landscape and planting works appropriate to the local context and the
scale and nature of the development.” 
Policy 39: Water, Environmental and Drainage 
requires that applications should demonstrate compliance with this Policy
requirement. 
Policy 55: Nuisance from Artificial Light and Light Pollution states:
“Consent will not be granted for proposals where the lighting would result in obtrusive
and/or intrusive eFects. The Council may secure the regulation of lighting installations
and their maintenance through the use of conditions attached to the granting of
planning permission.” 
Compliance Assessment 
The proposal fails to demonstrate compliance with Policy 1A Placemaking criteria. The
proposal fails to demonstrate that it has had regard to the landscape considerations
required by Policy 39.
Given the scale of the proposed dwelling, security lighting and the capacity for the
accommodation of vehicles it is considered that this will give rise to light pollution to
our client’s property, to the detriment of their amenity, in conflict with Policy 55. 
The Proposal fails to illustrate compliance with Policies 1A, 39 and 55 of PKCLDP2. 
Objection No. 3: The Proposal fails to secure Biodiversity Enhancement and
Climate Change Policy Objectives 
NPF4 
Policy 1: Sustainable Places requires:
“When considering all development proposals significant weight will be given to the
global climate and nature crises.” 
Policy 2: Climate Mitigation and Adaption requires:
a) Development proposals will be sited and designed to minimise lifecycle greenhouse
gas emissions as far as possible.
b) Development proposals will be sited and designed to adapt to current and future
risks from climate change.
c) Development proposals to retrofit measures to existing developments that reduce
emissions or support adaptation to climate change will be supported. 
Policy 3: Biodiversity requires of relevance:
“Development proposals will contribute to the enhancement of biodiversity, including
where relevant, restoring degraded habitats and building and strengthening nature
networks and the connections between them. Proposals should also integrate nature-
based solutions, where possible”. The stated criteria are of relevance.

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Policy 4: Natural Places states:
“a) Development proposals which by virtue of type, location or scale will have an
unacceptable impact on the natural environment, will not be supported.” 
Policy 5: Soils states:
b) Development proposals on prime agricultural land, or land of lesser quality that is
culturally or locally important for primary use, as identified by the LDP, will only be
supported where it is for:
i. Essential infrastructure and there is a specific locational need and no other suitable
site;
ii. Small-scale development directly linked to a rural business, farm or croft or for
essential workers for the rural business to be able to live onsite;
iii. The development of production and processing facilities associated with the land
produce where no other local site is suitable;
iv. The generation of energy from renewable sources or the extraction of minerals and
there is secure provision for restoration; and
In all of the above exceptions, the layout and design of the proposal minimises the
amount of protected land that is required. 
Policy 12: Zero Waste states:
“a) Development proposals will seek to reduce, reuse, or recycle materials in line with
the waste hierarchy.” 
Compliance Assessment
The Proposal fails to address Policies 1, 2, 3, 4, 5 and 12 of NPF4. 
The Applicant has failed to demonstrate that the Proposal complies with Policies 1,
2, 3, 4, 5 and 12 of NPF4. 
PKCLDP2 
Policy 32: Embedding Low and Zero Carbon Generating Technology in New
Development states:
“Proposals for all new buildings will be required to demonstrate that at least 10 of the
current carbon emissions reduction set by Scottish Building Standards will be met
through the installation and operation of low and zero-carbon generating technologies.
A statement will be required to be submitted demonstrating compliance with this
requirement.” 
Policy 41: Biodiversity states:
“The Council will seek to protect and enhance all wildlife and wildlife habitats, whether
formally designated/protected or not, taking into account the ecosystems and natural
processes in the area…. Proposals that have a detrimental impact on the ability to
achieve the guidelines and actions identified in these documents will not be supported
unless clear evidence can be provided that the ecological impacts can be satisfactorily
mitigated. In particular, developers may be required to:

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(a) ensure a detailed survey is undertaken by a qualified specialist where one or more
protected or priority species is known or suspected. In accordance with the Town and
Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017,
development proposals that could have a significant impact on the environment may
require an Environmental Impact Assessment;
(b) demonstrate all adverse eFects on species and habitats have been avoided
wherever possible. A Landscape Plan may be required to demonstrate the impact of the
development and how good design and site layout can enhance the existing
biodiversity;
(c) include mitigation measures and implementation strategies where adverse eFects
are unavoidable;
(d) enter into a Planning Obligation or similar to secure the preparation and
implementation of a suitable long-term management plan or a site Biodiversity Action
Plan, together with long-term monitoring.” 
Policy 42: Green Infrastructure states:
“The Council will require all new development to contribute to green infrastructure”. 
Policy 50: Prime Agricultural Land states:
“Outside the identified settlements, development on prime agricultural land will not be
permitted, unless it is necessary to meet a specific established need, such as a major
infrastructure proposal and only when there is no other suitable site available on non-
prime land. Small scale development directly linked to rural business, including
housing, may also be acceptable on prime agricultural land, providing it is compatible
with all other aspects of the policy framework of the Plan and there are no other suitable
non-prime land sites available, and it does not adversely aFect the viability of the
agricultural unit.” 
Relevant to Policy 50, Policy 51: Soils states:
“The Council seeks to protect soils from damage such as erosion or compaction.
Developments located on areas of good quality agricultural soils* will only be supported
where they satisfy stated criteria”. 
*Defined for the purposes of this policy as Land Capability for Agriculture (LCA)
Classification 1, 2, 3.1 and 3.2. 
Compliance Assessment
The proposal fails to demonstrate compliance with Policy 32 in terms of how it integrates
Embedding Low and Zero Carbon Generating Technology.
The proposal fails to address how it addresses biodiversity and ecological
enhancement, noting that a survey has not been submitted, as required by Policy 41. It
is also relevant that a statement on Biodiversity Net Gain has not been submitted.
No details have been provided on the contribution of the proposal to Green
Infrastructure, as required by Policy 42. The site is currently in agricultural use and no
information has been submitted by the Applicant to address Policy 50 and 51.

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The Proposal fails to address Policies 32, 41, 42, 50 and 51 of PKCLDP and
demonstrate compliance. 
Objection No. 4: The site in question is prime agricultural land 
The site in question is prime agricultural land, as noted in Scottish Planning Policy
(SPP): Encourages the protection of prime agricultural land (Classes 1, 2, and 3.1) for
food production. Development on such land is generally discouraged unless:
• There is no suitable alternative site.
• The development is essential for agriculture or rural housing. 
• The site in question is prime agricultural land, class 2, as referenced on
Scotland’s environment website. 
Scotland’s environment - https://map.environment.gov.scot/Soil_maps/?layer=5 
Objection No. 5: New house does not support an existing business 
PKC - Housing in the Countryside Supplementary Guidance March 2020 
Category 3 - New Houses in the Open Countryside, New house to support an
existing business states:
“Non-farming business – Where a new house is to be associated with an existing non-
farming business, applicants must be able to satisfactorily demonstrate that the
provision of a house is essential to the continued operation of the business. This will
normally be through the submission of a business plan, prepared by an independent
expert, which demonstrates that the business is financially sound and economically
viable, that it genuinely contributes to the local economy and that there is a need for an
additional worker to live on-site”. 
SUMMARY + CONCLUSION 
I OBJECT to the proposal as it fails to accord with the Development Plan, for the
following reasons: 
OBJECTION No. 1: The Principle of Development on Agricultural Land in the Countryside
is Unacceptable
OBJECTION No. 2: Adverse/Detrimental Impact on Residential Amenity
OBJECTION No. 3: The Proposal fails to secure Biodiversity Enhancement and Climate
Change Policy Objectives
OBJECTION No. 4: The site in question is prime agricultural land
OBJECTION No. 5: New house does not support an existing business
The Planning Application conflicts with the following policies of the DEVELOPMENT
PLAN, either directly or through a lack of information provision to demonstrate
compliance:
• NPF4: Policies - 1, 2, 3, 4, 5, 9b, 12, 14 and 29
• PKCLDP2 Policies - 1A, 6, 32, 39, 41, 42, 50, 51, 52 and 55

Page 34

• PKC - Housing in the Countryside Supplementary Guidance March 2020
Category 3 
In summary, I respectfully request that the Planning Application is REFUSED by PKC,
having regard to the legislative requirements for decision-making, required by S25 of the
Act, and the above reasons for OBJECTION. 
Please confirm receipt of this objection. I would appreciate being informed of any
further developments regarding this application. 
Yours sincerely, 
Jane Elder

Page 35

VAT No. 355945463      Registered in Scotland No. SC668532 
APPENDIX 2

Page 36

Page 1 of 3 
Mr Jamie Ramsay
c/o OSA
Paul O'Shea
Hill Tops
Dalcapon
Pitlochry
PH9 0ND 
Pullar House
35 Kinnoull Street
PERTH  
PH1  5GD 
Date of Notice: 18th December 2024 
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 
Application Reference: 24/01518/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 21st October 2024 for
Planning Permission for Erection of a dwellinghouse Land 55 Metres South East Of
Ashlea Middlebank Farm Errol Perth PH2 7SX     
David Littlejohn
Strategic Lead (Economy, Development and Planning) 
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.

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2
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 
There are no relevant informatives. 
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

Page 38

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.

Page 39

VAT No. 355945463      Registered in Scotland No. SC668532 
APPENDIX 3

Page 40

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.

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2 
PRE-APPLICATION CONSULTATION
Pre application Reference: None undertaken. 
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

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3 
Policy 53B: Water Environment and Drainage: Foul Drainage
Policy 53C: Water Environment and Drainage: Surface Water Drainage
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

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4 
• 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
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

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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):

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6 
• Building Groups
• 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

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7 
Parts 1, 2, 4 & 5 of Category 3 SG are not relevant in this instance. 
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.

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8 
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 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

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9 
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. 
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.

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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

Page 50

11 
07

Page 51

VAT No. 355945463      Registered in Scotland No. SC668532 
APPENDIX 4

Page 52

Page 1 of 3 
Mr Jamie Ramsay
c/o OSA
Paul O'Shea
Hill Tops
Dalcapon
Pitlochry
Perthshire
PH9 0ND 
Pullar House
35 Kinnoull Street
PERTH  
PH1  5GD 
Date of Notice:20th December 2024 
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 
Application Reference: 24/01520/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 21st October 2024 for
Planning Permission for Erection of vehicle service and repair workshop, formation of
hardstanding and associated works Land 130 Metres East Of 4 Middlebank Holding
Errol Perth PH2 7SX     
David Littlejohn
Strategic Lead (Economy, Development and Planning) 
Reasons for Refusal 
1.  The proposal is contrary to Policy 9 Brownfield, vacant and derelict land and empty
buildings of National Planning Framework 4 which 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 site has not been allocated for
development and is not explicitly supported by policies in the LDP. 
2.  The proposal is contrary to Policy 29 Rural Development of National Planning Framework 4
as it fails to meet any of the relevant categories of development set out within Policy 29a).
In particular it is on a greenfield site which is grade 2 agricultural land, is not diversification
of an existing business and it does not reuse an existing redundant or unused building. 
3.  The site is designated as prime agricultural land (Class 2).   The proposal is contrary to
Policy 5 Soils of NPF4 and Policy 50 (Prime Agricultural Land) of the Perth and Kinross
Local Development Plan 2 (2019) both of which does not support development on such
land outwith settlement boundaries unless it is necessary to meet a specific established
need.

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2
4.  The proposal is contrary to Policy 1A Placemaking, of the Perth and Kinross Local
Development Plan 2 (2019) and Policy 14, Design, Quality & Place of National Planning
Framework 4.  The proposed development would not contribute positively to the built and
natural environment.  Development would detract from the visual amenity and landscape
character of the area due to the un-contained and open nature of the site, the scale and
design of the proposed development and the proposed extensive area of hardstanding. 
5.  The proposal is contrary to Policy 8 Rural Business and Diversification of the Perth and
Kinross Local Development Plan 2 (2019).  Limited justification for the proposal has been
submitted.  The site is not located in a settlement boundary and does not relate to the
diversification of an existing business or relate to an existing site-specific resource or
opportunity. 
6.  The proposal is contrary to National Planning Framework 4 Policy 1 and 3 and Perth &
Kinross Council Local Development Plan 2 (2019) Policies 40A and 40B which seeks to
protect 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. 
7.  The proposal is contrary to Policy 13, Sustainable Transport of National Planning
Framework 4 and Policy 60B, Transport Standards and Accessibility Requirements of the
Perth and Kinross Local Development Plan 2 (2019) as insufficient information has been
provided to assess the transport and traffic impacts of the development and the site is not
in a sustainable location which is accessible to modes of sustainable transport such as
public transport, cycling and walking. 
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

Page 54

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.

Page 55

SPR Planning Local Review Body
From: paul O'Shea <osheaarchitecture@hotmail.co.uk>
Sent: 03 April 2025 13:08
To: SPR Planning Local Review Body
Subject: Re: LRB-2025-06
CAUTION: This email originated from an external organisation. Do not follow guidance, click links, or
open attachments unless you have verified the sender and know the content is safe.
Thank you for the attached response. I have consulted with my client and he has confirmed that he does
not wish to make a response so if possible, can the review go ahead at the earliest possible next meeting.
Kind regards
Paul O'SheaBA(hons) MArch
O'Shea Architecture. (OSA)
Hill Tops
Dalcapon
Pitlochry
PH9 0ND
TEL – 07359 632589
www.osheaarchitecture.net

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