Democracy Spraffa

Agenda Document Pack - Local Review Body - 23/06/2025

Perth and Kinross Council · 23 June 2025
Back to Local Review Body — 23 June 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

Perth and Kinross
Local Review Body
Council Building
2 High Street
Perth
PH1 5PH
16/06/2025
A hybrid meeting of the Local Review Body will be held in the Council Chamber on
Monday, 23 June 2025 at 13:00.
If you have any queries please contact Committee Services on (01738) 475000.
Lisa Simpson
Clerk to the Local Review Body
Those attending the meeting are requested to ensure that all mobile phones and
other communication devices are switched off.
Members
Councillor Bob Brawn (Convener)
Councillor Dave Cuthbert
Councillor Ian Massie
Councillor Ian James (Reserve)
Applicant
Advisers
Clerk
Legal Adviser
Planning Adviser

Page 2

No embedded text on this page.

Page 3

Local Review Body
Monday, 23 June 2025
Agenda
1 WELCOME
2 DECLARATIONS OF INTEREST
3 MINUTE OF MEETING OF THE LOCAL REVIEW BODY OF 26
MAY 2025
(copy herewith)
1 - 6
4 APPLICATIONS FOR REVIEW
4(i) LRB-2025-09 - 25/00180/FLL - CHANGE OF USE OF FLAT TO
SHORT TERM LET ACCOMMODATION UNIT, 15 VASART
COURT, PERTH, PH1 5QZ
Review Papers Attached (copy herewith)
7 - 52
4(ii) LRB-2025-10 - 24/01954/FLL – INSTALLATION OF SOLAR
PANELS AND CABINET, SOUTH LODGE, BALLINDEAN,
INCHTURE, PERTH, PH14 9SF
Review Papers Attached
53 - 128

Page 4

No embedded text on this page.

Page 5

Perth and Kinross Local Review Body
Minute of hybrid meeting of the Perth and Kinross Local Review Body held on
Monday 24 February 2025.
Present: Councillor B Brawn, Councillor K Harvey and Councillor R Watters.
In Attendance: L Tierney (Planning Adviser); C MacLeod, (Legal Adviser); and
A Brown (Democratic Support Officer) (all Legal and Governance).
Also Attending: M Pasternak and R Ramsay (both Legal and Governance).
Councillor B Brawn, Convener, Presiding
1. Welcome
Councillor Brawn welcomed all present to the meeting.
2. Declarations of Interest
There were no Declarations of Interest made in terms of the Councillors Code
of Conduct.
3. Minutes
The minute of meeting of the Local Review Body of 27 January 2025 was
submitted and noted.
4. Applications For Review
(i) LRB-2025-04
24/00703/IPL – Residential development (in principle), land 140
metres north east of The Bungalow, Benarty Road, Kelty - Mrs B
Constable
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse a residential development
(in principle) on land 140 metres north east of The Bungalow, Benarty
Road, Kelty.
The Planning Adviser displayed photographs of the site and described
the proposal, and thereafter summarised the Appointed Officer’s
Report of Handling and the grounds set out in the Notice of Review.
Decision:
Resolved by unanimous decision that:
(i) having regard to the material before the Local Review Body and
the comments from the Planning Adviser, sufficient information
was before the Local Review Body to determine the matter
without further procedure.
3
Page 1 of 128

Page 6

Thereafter, resolved by unanimous decision that:
(ii) the review application for a residential development (in principle)
on land 140 metres north east of The Bungalow, Benarty Road,
Kelty, be refused for the following reasons:
(1) The proposal is contrary to Policy 17a), Rural Homes of
National Planning Framework 4 (2023).  The site is in the
open countryside detached from other residential
property and residential development of the site would
not be in keeping with the character of the area.  It has
not been demonstrated that the ground is brownfield as
the land has returned to a natural state without
intervention under the terms of Policy 17a) of National
Planning Framework 4 (2023).
(2) The proposal is contrary to 17b) as the proposal has not
considered how the development will contribute towards
local living and take into account identified local housing
needs (including affordable housing), economic
considerations and the transport needs of the
development as appropriate for the rural location.
(3) The proposal is contrary to Policy 9c) of National
Planning Framework 4 (2023) in that the applicant has
not demonstrated that the land is, or can be made, safe
and suitable for the proposed new use.
(4) The proposal is contrary to Policy 23, Health and Safety
National Planning Framework 4 (2023) in that insufficient
evidence has been presented to demonstrate that
development of the site for housing would be achievable
and would not have a significant adverse effect on the
health of future residents and existing local residents.
(5) The proposal is contrary to Policy 19: Housing in the
Countryside of the Perth and Kinross Local Development
Plan 2 (2019) and the associated Housing in the
Countryside Supplementary Guidance (2020). 
Insufficient evidence has been presented to assess the
extent and severity of any contamination present on the
site and whether this requires to be remediated.  It has
also not been demonstrated that if remediation is required
that housing I the only viable option for remediating the
site.  In addition, no consideration has been given to
alternative uses for the site as required by Local
Development Plan Policy 19.
(6) The proposal is contrary to Policy 58B: Unstable Land of
the Perth and Kinross Local Development Plan 2019 as it
has not been demonstrated that the site and adjacent
land, is or can be made, safe and stable for the proposed
development.
Justification
The proposal is not in accordance with the Development Plan
and there are no material reasons which justify departing from
the Development Plan.
Page 2 of 128

Page 7

(ii) LRB-2025-05
24/01732/IPL - Erection of dwellinghouse (in principle), land 40
metres west of 8 Langley Place, Perth, PH2 7XB – Mr A McKay
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse the erection of a
dwellinghouse (in principle) on land 40 metres west of 8 Langley Place,
Perth, PH2 7XB.
The Planning Adviser displayed photographs of the site and described
the proposal, and thereafter summarised the Appointed Officer’s
Report of Handling and the grounds set out in the Notice of Review.
Decision:
Resolved by unanimous decision that:
(i) having regard to the material before the Local Review Body and
the comments from the Planning Adviser, insufficient information
was before the Local Review Body to determine the matter
without further procedure.
(ii) the policy team be requested to comment on the open space
element in relation to National Planning Framework 4, the
Council’s Open Space Strategy and to provide information as to
why this site is designated as open space.
(iii) the applicant to provide further information on the proposed
entrance to the site and its physical acceptability and the plans
regarding the trees on the site.
(iv) the Roads Authority and Tree Officer be requested to provide
comment on the further information provided by the applicant in
(iii) above.
(v) the applicant be given the opportunity to comment on the further
information provided in regard to (ii) above.
(vi) Following receipt of all information and responses, the
application be brought back to a future meeting of the Local
Review Body.
(iii) LRB-2025-06
24/01518/FLL – Erection of a dwellinghouse, land 55 metres south
east of Ashlea, Middlebank Farm, Errol, Perth, PH2 7SX – Mr J
Ramsay
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse the erection of a
dwellinghouse on land 55 metres south east of Ashlea, Middlebank
Farm, Errol, Perth, PH2 7SX.
The Planning Adviser displayed photographs of the site and described
the proposal, and thereafter summarised the Appointed Officer’s
Report of Handling and the grounds set out in the Notice of Review.
Decision:
Resolved by unanimous decision that:
Page 3 of 128

Page 8

(i) having regard to the material before the Local Review Body and
the comments from the Planning Adviser, sufficient information
was before the Local Review Body to determine the matter
without further procedure.
Thereafter, resolved by unanimous decision that:
(ii) the review application for the erection of a dwellinghouse on
land 55 metres south east of Ashlea, Middlebank Farm, Errol,
Perth, PH2 7SX, be refused for the following reason:
(1) The proposals are contrary to National Planning
Framework 4 (2023), Policy 9: Brownfield, Vacant and
Derelict Land and Empty Buildings, and Policy 17: Rural
Homes; and Perth and Kinross 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, namely that it does not extend part
of a building group and that it is not an infill site.
(2) The proposals are contrary to National Planning
Framework 4 (2023) Policy 14: Design, Quality and Place
and Perth and Kinross Local Development Plan 2 (2019)
Placemaking Policies: 1A and 1B (parts a, b, c, d and f),
Policy 29: 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 National Planning
Framework Policies 1, 3 and 5 and Perth and Kinross
Local Development Plan 2 (2019) Policies 40A, 40B and
50 which seek 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.
(iv) LRB-2025-08
25/00087/FLL - Subdivision of dwellinghouse to form 2
dwellinghouses and associated works, Acado House, Campmuir,
Blairgowrie, PH13 9JF – Hometown Properties North Ltd
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse the subdivision of
Page 4 of 128

Page 9

dwellinghouse to form 2 dwellinghouses and associated works, Acado
House, Campmuir, Blairgowrie, PH13 9JF.
The Planning Adviser displayed photographs of the site and described
the proposal, and thereafter summarised the Appointed Officer’s
Report of Handling and the grounds set out in the Notice of Review.
Decision:
Resolved by unanimous decision that:
(i) having regard to the material before the Local Review Body and
the comments from the Planning Adviser, sufficient information
was before the Local Review Body to determine the matter
without further procedure.
Thereafter, resolved by majority decision that:
(ii) the review application for the subdivision of dwellinghouse to
form 2 dwellinghouses and associated works, Acado House,
Campmuir, Blairgowrie, PH13 9JF, be granted subject to the
imposition of relative terms, conditions and informatives,
including suitable conditions for foul drainage.
Justification
Members considered that, as the subdivision of the house would
not change the external appearance and would provide smaller,
more affordable properties in the countryside that the review be
granted.
Note
Councillor B Brawn dissented from the majority opinion.  He considered
that the proposal did not match the character and visual amenity of the
area.
Page 5 of 128

Page 10

Page 6 of 128

Page 11

4(i)
LRB-2025-09
LRB-2025-09
25/00180/FLL - Change of use of flat to short term let
accommodation unit, 15 Vasart Court, Perth, PH1 5QZ
Index
(a) Papers submitted by the Applicant (Pages 9-22)
(b) Decision Notice (Pages 25-26)
Report of Handling (Pages 27-36)
Reference Documents (Pages 37-48)
(c) Representations (Pages 49-52)
Page 7 of 128

Page 12

Page 8 of 128

Page 13

4(i)(a)
LRB-2025-09
LRB-2025-09
25/00180/FLL - Change of use of flat to short term let
accommodation unit, 15 Vasart Court, Perth, PH1 5QZ
Papers Submitted
By The
Applicant
Page 9 of 128

Page 14

Page 10 of 128

Page 15

Notice of Review
Page 1 of 4
NOTICE OF REVIEW 
UNDER SECTION 43A(8) OF THE TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 (AS AMENDED)IN
RESPECT OF DECISIONS ON  LOCAL DEVELOPMENTS 
THE TOWN AND COUNTRY PLANNING (SCHEMES OF DELEGATION AND LOCAL REVIEW PROCEDURE)
(SCOTLAND) REGULATIONS 2013 
THE TOWN AND COUNTRY PLANNING (APPEALS) (SCOTLAND) REGULATIONS 2008 
IMPORTANT: Please read and follow the guidance notes provided when completing this form.
Failure to supply all the relevant information could invalidate your notice of review. 
Use BLOCK CAPITALS if completing in manuscript 
Applicant(s) 
Name 
Address 
Postcode 
Contact Telephone 1
Contact Telephone 2 
Fax No 
E-mail* 
Agent (if any) 
Name 
Address 
Postcode 
Contact Telephone 1
Contact Telephone 2
Fax No 
E-mail* 
Mark this box to confirm all contact should be
through this representative: 
* Do you agree to correspondence regarding your review being sent by e-mail?
Yes No 
Planning authority 
Planning authority’s application reference number 
Site address 
Description of proposed
development 
Date of application   Date of decision (if any) 
Note. This notice must be served on the planning authority within three months of the date of the decision
notice or from the date of expiry of the period allowed for determining the application. 
Page 11 of 128

Page 16

Notice of Review
Page 2 of 4
Nature of application 
1. Application for planning permission (including householder application) 
2. Application for planning permission in principle 
3. Further application (including development that has not yet commenced and where a time limit
has been imposed; renewal of planning permission; and/or modification, variation or removal of
a planning condition) 
4. Application for approval of matters specified in conditions 
Reasons for seeking review 
1.  Refusal of application by appointed officer 
2.  Failure by appointed officer to determine the application within the period allowed for
determination of the application  
3.  Conditions imposed on consent by appointed officer 
Review procedure 
The Local Review Body will decide on the procedure to be used to determine your review and may at any
time during the review process require that further information or representations be made to enable them
to determine the review.  Further information may be required by one or a combination of procedures,
such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land
which is the subject of the review case.   
Please indicate what procedure (or combination of procedures) you think is most appropriate for the
handling of your review. You may tick more than one box if you wish the review to be conducted by a
combination of procedures. 
1. Further written submissions 
2. One or more hearing sessions 
3. Site inspection 
4 Assessment of review documents only, with no further procedure 
If you have marked box 1 or 2, please explain here which of the matters (as set out in your statement
below) you believe ought to be subject of that procedure, and why you consider further submissions or a
hearing are necessary: 
Site inspection 
In the event that the Local Review Body decides to inspect the review site, in your opinion: 
1. Can the site be viewed entirely from public land?
Yes No 
2 Is it possible for the site to be accessed safely, and without barriers to entry?   
If there are reasons why you think the Local Review Body would be unable to undertake an
unaccompanied site inspection, please explain here: 
Page 12 of 128

Page 17

Notice of Review
Page 3 of 4
Statement 
You must state, in full, why you are seeking a review on your application.  Your statement must set out all
matters you consider require to be taken into account in determining your review.  Note: you may not
have a further opportunity to add to your statement of review at a later date.  It is therefore essential that
you submit with your notice of review, all necessary information and evidence that you rely on and wish
the Local Review Body to consider as part of your review.   
If the Local Review Body issues a notice requesting further information from any other person or body,
you will have a period of 14 days in which to comment on any additional matter which has been raised by
that person or body. 
State here the reasons for your notice of review and all matters you wish to raise.  If necessary, this can
be continued or provided in full in a separate document.  You may also submit additional documentation
with this form. 
Have you raised any matters which were not before the appointed officer at the time the
determination on your application was made? 
Yes No 
If yes, you should explain in the box below, why you are raising new material, why it was not raised with
the appointed officer before your application was determined and why you consider it should now be
considered in your review. 
Page 13 of 128

Page 18

Notice of Review
Page 4 of 4
List of documents and evidence 
Please provide a list of all supporting documents, materials and evidence which you wish to submit with
your notice of review and intend to rely on in support of your review. 
Note. The planning authority will make a copy of the notice of review, the review documents and any
notice of the procedure of the review available for inspection at an office of the planning authority until
such time as the review is determined.  It may also be available on the planning authority website. 
Checklist 
Please mark the appropriate boxes to confirm you have provided all supporting documents and evidence
relevant to your review: 
Full completion of all parts of this form 
Statement of your reasons for requiring a review 
All documents, materials and evidence which you intend to rely on (e.g. plans and drawings
or other documents) which are now the subject of this review. 
Note. Where the review relates to a further application e.g. renewal of planning permission or
modification, variation or removal of a planning condition or where it relates to an application for approval
of matters specified in conditions, it is advisable to provide the application reference number, approved
plans and decision notice from that earlier consent. 
Declaration 
I the applicant/agent [delete as appropriate] hereby serve notice on the planning authority to 
review the application as set out on this form and in the supporting documents. 
Signed  Date 
Page 14 of 128

Page 19

Mr Viktor Halanchak
Date: 4 April 2025
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
Notice of Review: Appeal Against Refusal of Planning Application 25/00180/FLL
Property: 15 Vasart Court, Perth PH1 5QZ
Proposal: Change of use of flat to short term let accommodation
Date of Refusal: 3rd April 2025
Dear Sir/Madam,
I am writing to submit a Notice of Review under Section 43A of the Town and Country Planning
(Scotland) Act 1997 in respect of the decision to refuse planning application reference 25/00180/FLL
Page 15 of 128

Page 20

for the change of use of a flat to a short term let at 15 Vasart Court, Perth.
I respectfully request that the Local Review Body reconsider this decision, as I believe the
application meets all relevant planning policies and that the grounds for refusal have been
sufficiently addressed. Below I outline my responses to the reasons given for refusal:
Reason 1 & 2 - Noise Nuisance and Impact on Residential Amenity
I fully acknowledge the importance of protecting the amenity of existing residents. To this end, the
proposed short-term let will be restricted to a maximum of 4 guests, and will be rented exclusively to
families and couples, not groups or partygoers. Strict house rules will be enforced prohibiting
parties, loud noise, or any form of disturbance, particularly during late hours (10pm-8am).
A Short-Term Let Management Plan is included with this appeal, setting out these operational
measures in detail. It includes provisions for:
- Strict guest screening and booking terms
- Prohibition of events or group gatherings
- On-call contact for neighbours and residents to report any concerns
- A professional cleaning and inspection routine after each stay
These steps directly address concerns about increased noise or disruption and will ensure the flat
integrates smoothly with the residential character of the area.
Reason 3 - Noise Sensitive Receptors (Policy 56)
As noted above, this property will be responsibly managed, with restrictions in place to mitigate
noise and ensure respectful use by all guests. The use of the flat as a short-term let is not inherently
more disruptive than standard residential use when properly regulated. With the safeguards in the
management plan, there will be no unacceptable impact on sensitive receptors.
Page 16 of 128

Page 21

Reason 4 - Parking Provision
The flat includes a designated private parking space within the development, which will be made
available to all short-term let guests. There is no anticipated pressure on on-street or shared
parking, and this satisfies the requirements set out in the National Roads Development Guide 2015.
Other Considerations
It is also worth noting that several other properties in the surrounding area are currently operating as
short-term lets, which demonstrates that such use can be compatible with the local character when
properly managed. The proposed change of use contributes to local tourism and aligns with Policy
30(e) of National Planning Framework 4, provided the residential amenity is protected-which this
application ensures.
Conclusion
I respectfully submit that this appeal demonstrates:
- Full alignment with local and national planning policies
- A clear management strategy to protect residential amenity
- That there are no technical grounds for refusal, particularly in light of designated parking and
nearby precedent
I kindly request that the Local Review Body grant planning permission for the proposed change of
use at 15 Vasart Court. Please find attached the supporting Short-Term Let Management Plan and
property layout plans.
Thank you for your time and consideration.
Yours faithfully, 
Viktor Halanchak
Page 17 of 128

Page 22

SHORT-TERM LET MANAGEMENT PLAN
15 Vasart Court, Perth PH1 5QZ
Applicant: Viktor Halanchak
1. Property Use and Guest Profile
The property will be let exclusively on a short-term basis to:
- Families
- Couples
- Individual business or leisure travellers
Maximum occupancy: 4 persons
Minimum stay: 2 nights
No parties, events or gatherings permitted
2. Noise and Behaviour Management
To minimise any noise or disruption to neighbours:
- Guests will be required to agree to a strict House Rules Policy, including:
- No loud noise between 10pm and 8am
- No parties, gatherings, or events
- Respect for neighbours and communal areas at all times
- Clear signage will be displayed inside the property reminding guests of these rules
- A 24/7 contact number will be provided to neighbours for any urgent concerns
- Repeat offenders will be permanently banned from booking
3. Check-In/Check-Out Procedures
- Check-in: 3:00pm onwards
- Check-out: by 11:00am
Page 18 of 128

Page 23

- Self-check-in system using a secure lockbox to avoid disturbance
- Clear guidance is provided to guests regarding quiet entry and exit, especially during early/late
hours
4. Waste and Recycling
- Guests will be provided with clear instructions on how to dispose of general waste and recycling in
line with council collection schedules
- Waste bins will be monitored and managed by the host or cleaning team to avoid overflow or
improper disposal
5. Parking
- The property includes a designated private parking space for guest use
- Guests will be informed of its location and advised not to use neighbouring or communal spaces
6. Cleaning and Maintenance
- A professional cleaning service will clean the property between each stay
- Cleaning includes inspection for damage and prompt reporting of any maintenance issues
- Linens and towels will be changed for each new guest
7. Insurance and Compliance
- The property is covered by appropriate short-term let insurance
- The use complies with current fire and safety regulations, including smoke alarms, carbon
monoxide detectors, and fire escape information
- A valid Short-Term Let Licence will be maintained in accordance with local regulations
Page 19 of 128

Page 24

Page 20 of 128

Page 25

Page 21 of 128

Page 26

Page 22 of 128

Page 27

4(i)(b)
LRB-2025-09
LRB-2025-09
25/00180/FLL - Change of use of flat to short term let
accommodation unit, 15 Vasart Court, Perth, PH1 5QZ
Planning Decision Notice 
Report of Handling
Reference Documents 
Page 23 of 128

Page 28

Page 24 of 128

Page 29

Page 25 of 128

Page 30

Page 26 of 128

Page 31

Report of Handling 
Delegated Report 
Ref No 25/00180/FLL
Ward No P12- Perth City Centre
Due Determination Date 21st April 2025 
Draft Report Date 31st March 2025
Report Issued by Andy Baxter Date 1 April 2025 
Proposal: Change of use of flat to short term let accommodation unit    
Location:  15 Vasart Court, Perth, PH1 5QZ  
Summary: 
This report recommends refusal of a detailed planning application for the change of use
of an existing residential flat within a residential block at Vasart Court to a short term let
(STL) 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 
This planning application seeks to obtain detailed planning permission for the change
the use of a first floor residential property (a flat) at Vasart Court, Perth to a STL - for the
use of both holiday and work/business purposes.    
The property is two bedroomed and is located on the first floor of a large, four storey
fairly modern residential building within a residential complex. This block has communal
stairs, and landing areas that are shared with other properties within the block. 
Principal entry is via a security door which then leads to a hallway with the entrance to
one other residential property, and a set of stairs. When up the stairs, the property is
accessed via a shared entrance lobby which also serves one other flat. No physical
changes are proposed. 
In terms of the LDP2, the Vasart Court area is located outwith the City Centre area of
Perth for the purposes of STLs and is therefore within an area which is considered to be
residential, with compatible uses.   
Planning permission has been requested by the Council due to the fact the property is a
flat. The settled position of PKC is that all STLs for flats require planning permission. 
Page 27 of 128

Page 32

It is however worth highlighting that a number of recent DEPA decisions have been
issued where reporters have taken the view that a material change of use does not
automatically take place if a residential flat moves to a STL. In the view of the reporter’s
unit, the key test is the length of stays, how the unit is being used (business vs holiday
use) and the size of the unit. If the length of stays is likely to be longer and perhaps
used for business purposes, then there will be a lower level of arrival /departures and
daily movement occurring which would not too dissimilar to that of a typical residential
usage, and as such the change of use to a STL should not be considered a material
change of use (in the view of the DPEA). 
Site History 
None specifically related to this property, however there have been a number of recent
applications for STLs within the area (Monart Road) which have been refused by the
Council, and those decisions upheld by the LRB. 
Pre-Application Consultation 
None applicable. 
Development Plan  
The Development Plan for the area comprises National Planning Framework 4 (NPF4),
the Perth and Kinross Local Development Plan 2 (2019) (LDP2) and statutory
supplementary planning guidance (SPG). 
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 3: Biodiversity 
 Policy 14: Design, Quality and Place 
 Policy 30: Tourism  
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.  
Page 28 of 128

Page 33

Within the LDP2, the site is located outwith the city centre area for the purposes of
STLs, and within an area which is defined as being residential and compatible uses
where the following policies are applicable, 
 Policy 1A: Placemaking
 Policy 1B: Placemaking
 Policy 5: Infrastructure Contributions
 Policy 17: Residential Areas 
 Policy 56: Noise pollution 
Statutory Supplementary Planning Guidance  
The following statutory SPG are applicable to this proposal, 
 Developer Contributions & Affordable Housing (adopted in 2020)
 Placemaking (adopted in 2020)  
Other PKC Policies  
Non-statutory Planning Guidance  
The following non-statutory PG is applicable, 
 Change of use of residential property to STL (2023) 
 Planning and Nature 
National Planning Guidance  
The Scottish Government expresses its planning policies through 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 
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.    
Page 29 of 128

Page 34

External Consultations Responses  
None undertaken. 
Internal Council Responses  
Environmental Health have commented on the proposal and have no objections,
subject to a STL licence being applied for and granted. 
Developer Contributions Officer has indicated that there is no requirement for any
developer contributions or affordable housing provision. 
Representations  
One letter of representation has been received objecting to the proposal on the grounds
that the proposed STL may alter the character of the area. This issue is addressed in
the main appraisal section below. 
Additional Statements Received  
Screening Opinion  EIA Not Required
Environmental Impact Assessment (EIA):
Environmental Report
Not applicable
Appropriate Assessment under Habitats
Regulations
AA Not Required
Design Statement or Design and Access
Statement
Not Required
Report on Impact or Potential Impact  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,
the LDP2 and statutory SPGs. The relevant policy considerations are outlined in the
policy section above and are considered in more detail below.    
In terms of other material considerations, this involves acknowledgment of the other
similar applications which have been made and determined within the same area. 
The Council has also published non-statutory planning guidance on STLs, and whilst
this document does not have the same weighting as the Development Plan, its content
and intent should be noted.    
Policy Appraisal  
There are relevant policies contained in all parts of the Development Plan. 
Page 30 of 128

Page 35

Within the NPF4, Policy 30 Tourism) is generally supportive of STLs, providing that the
development would not impact on the local amenity of the area or would result in a loss
of residential accommodation where such a loss is not outweighed by demonstrative
benefits. Policy 3 (Biodiversity) looks to ensure that all new developments offer a
degree of biodiversity enhancement where proportionate to do so, whilst Policy 14
(Design, Quality and Place) looks to ensure that all new developments are off a high
design standard. 
In terms of the LDP2, Policy 1 (Placemaking) looks to ensure that all new developments
do not have an adverse impact on the areas in which they are located, whilst Policy 17
(Residential areas) looks to protect residential areas form inappropriate new uses and
development. Policy 56 (noise) of the LDP2 also looks to control noise nuisance. 
In terms of statutory SPG, the Council’s policies on Developer Contributions and
Placemaking are applicable. 
Land Use Acceptability 
The Vasart Court and Monart Road areas are predominantly residential areas
comprising approx. 200 flatted residential apartments in various large blocks. Across the
wider complex (including this block) there will be mainstream residential properties
which will be privately owned for permanent residency, some will be rented, some will
be student accommodation, and some will most likely already in a STL use already. 
Some of these STLs may now be immune from planning enforcement, others not so
and it should be noted that the Council has refused several applications for new STL
(and retrospective ones) on Monart Road previously. 
15 Vasart Court is accessed via a shared communal access with a secure entry system,
which then leads to communal hallway area which passes one door to another property.
Through another door is a communal flight of stairs. When up the stairs, No 15 has a
shared hallway/entrance area with No 16. 
In light of this, there would be some potential for disturbance from guests arriving,
leaving and using this property on other residents of No 14 and 16 in particularly (albeit
perhaps limited) – and the Council’s recently published STL guidance recognises this as
a potential issue with flatted properties in residential areas when there is a degree of
shared entrances.     
The area is identified within the LDP2 as a residential area, with compatible uses, and
there is a strong need to protect existing residents’ amenity through both the
implementation of the STL non statutory guidance, and various parts of both Policies 1
and 17 of the LDP2 – and elements of Policy 56 of the LDP2. 
There are two significant considerations to consider in this regard. 
The first is that the occupation of the STL for either holiday or work/business use, may
not actually generate additional footfall movements above that of a typical residential
Page 31 of 128

Page 36

property. A STL does not automatically increase footfall, and whilst there might be an
increase, there is as much of a chance that the level of movements will either remain
the same or be less than a typical residential flat – depending on the circumstances of
the guest / occupier. It is very much a case by case matter, depending on the nature of
the occupiers - which makes the assessment of STL’s challenging – especially within
areas that are outwith (but close to) the city centre area of Perth – such as this area,
and that of Monart Road. 
Secondly, the location of the property is a significant consideration. 
The property is located within the city boundary of Perth, but outwith the city centre
area. The city centre area is defined for the purposes of STL assessment as being parts
of the city which come under the City, Town and Neighbourhood areas and the City
Centre Secondary Uses area. 
The Vasart Court is residential in character with no commercial uses on the ground
floors. The only non-residential uses that may be existing within the area would
inevitably be existing STLs, which might be historic, and as stated previously may be
immune from enforcement due to the 10-year rule. 
In this case, the applicant has not suggested that this property has been used for 10
years continuous, so it is assumed that it hasn’t been.    
In light of this, the proposal is therefore considered to be inconsistent with the relevant
LDP2 polices and the STL guidance simply because it is within a residential area,
involves a residential flatted property with shared access arrangements, and there are
not any obvious existing uses within the area which would already impact on residential
amenity. 
This has been a constant view taken by the Council. 
In terms of the NPF4, as well as protecting the character and amenity of existing areas
(discussed above), Policy 30 looks to ensure that the loss of permanent residential
accommodation to STLs is outweighed by demonstrative evidence of impact on local
economy. This property is a 2 bed property, so it would not be of the scale which the
Council is perhaps concerned about losing from the permanent housing stock in the
area. Accommodation which has 4 or more beds is more of a concern, and this is set
out in the STL guidance.    
Ultimately, whilst the economic and tourist part of Policy 30 is met by this proposal, the
proposal could potentially impact adversely on the amenity local area, and it would
result in a loss of a residential accommodation - but not of a type / scale which if huge
concern to the Council. 
There is therefore some tension with Policy 30 of the NPF4, and on balance this
proposal is considered to be incompatible with the policy intent of this key policy
principally because the area is largely residential, with little other uses. 
Page 32 of 128

Page 37

Visual Amenity, Design and Layout  
In terms of the appearance of the property, the proposed change of use will have no
impact, and there are no additional issues in terms of design or layout to consider. 
Residential Amenity  
Environmental Health have commented on the proposal and have raised no objections
to the proposal. 
In terms of noise matters, whilst the required STL licence will have set conditions over
noise nuisance, and how the property is operated, the planning system does have some
remit to ensure that new uses are compatible with existing uses, especially when those
existing uses are residential ones. 
As mentioned above, the site is in residential area which does raise some policy
implications in the context of Policy 56 of the LDP2. 
In this location, whilst there would be some degree of existing background noise from
existing residents’ movements, there would equally be the potential for some extra
noise disruption to occur if the property was to be used as a STL and the letter of
representation suggest this also. This relates to when the property is being used, and
also during access and exiting of the property - within the shared areas. The level of
impact internally within the confines of shared hallways would however be limited to
impacting principally on two other occupiers. 
As discussed previously though, if managed appropriately (which will be key element of
the licence requirements) and occupied by a Monday-Friday ‘away from home worker’,
there should be no reason why the residential amenity enjoyed by other residents of the
block should be adversely affected by a potential STL use – as its impact could easily
be the same, or less than a typical house. 
There would be a far higher chance that nuisance and disruption would occur if the use
was for holiday purposes, with a mix of occupants (as opposed to a single occupier) –
and for this property, that appears to be the business model. 
There is also the potential for new ‘faces’ to be a regular occurrence, and that not
knowing who your neighbours are could cause a degree of anxiety and concern for
permanent resident (in particularly the resident on the ground floor opposite), especially
those who may live alone, are elderly or may have additional support needs. 
Anxiety is a planning consideration to some degree, however it is very much subjective,
and someone’s anxiety over a certain matter may not result in the same feelings for
another person. In this case, it will be fact that if the STL operates successfully (in terms
of a high occupancy rate) then there will changes in users. However, there is no
guarantee that the users of this STL will a) meet other permanent residents within
shared areas and b) will cause nuisance. 
Page 33 of 128

Page 38

STL are now covered by a separate licence, so in the event that this STL was resulting
in regular and constant issues it could potentially be addressed via the licence, which
could result in the operation being instructed to cease. 
Nevertheless, in this case there is more a balance of probability that some adverse
impact may start to occur so a precautionary approach is therefore considered
appropriate here – which ultimately means a refusal – and which aligns with the
guidance of the STL guidance in relation to areas which are predominantly residential. 
Roads and Access  
There is parking provision within the area, and it is understood the property will have its
own allocated space. However, the property could generate the need for two or more
car parking spaces, and it has not been fully demonstrated that there is sufficient
parking provision to accommodate this. 
Drainage and Flooding  
The proposal raises no issues in terms of drainage or flooding matters, which remain
unaltered. 
Conservation Considerations  
The proposal does not affect any Conservation Area, Listed Building or local
archaeology. 
Natural Heritage and Biodiversity  
The proposal raises no issues in terms of bio-diversity matters. In terms of be able to
provide for some degree of biodiversity enhancements, as this is a purely a change of
use, it would not be proportionate or reasonable to see new additional biodiversity
measures as part of this application. 
Developer Contributions  
The proposal does not require any Developer Contributions or Affordable Housing
provision. 
Economic Impact  
The decision to refuse could have a negative impact on the local economy. 
Variation of Application Under Section 32A 
The application has not been varied. 
Page 34 of 128

Page 39

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. 
Accordingly, the proposal is refused on the grounds identified below. 
1 By virtue of the potential for an increase in noise nuisance both when using the
property, and arriving/leaving the property, the proposal would impact adversely
on the existing character and amenity of the local area which is predominately
residential in character, particularly the residential amenity of those living
permanently in the block and close by. Accordingly, the proposal is contrary to
Policy 30(e) (Tourism) of the National Planning Framework 4 (2023) which states
that new proposal for short term holiday letting will not be supported where the
proposal will result in an unacceptable impact on local amenity and character of
the area. 
2 By virtue of the shared entry arrangements, the flatted nature of the property and
the predominately residential character of the existing area, the proposal would
result in an increased potential for noise nuisance and general disturbance to
occur and affect other existing residents in the block, and those living close by. It
would also introduce a land use which is not compatible with the surrounding
predominately residential properties. The proposal is therefore contrary to Policy
17 (Residential Areas) of the adopted Perth and Kinross Local Development Plan
2 (2019) and the Council's non-statutory Planning Guidance on Short Term Lets
which both seeks to protect existing residential amenity, and Policy 1A of the
adopted Perth and Kinross Local Development Plan 2 (2019) which seeks to
ensure that all new proposals contribute positively to the surrounding
environment. 
3 By virtue of the potential for an increase in noise nuisance both when using the
property and arriving/leaving the property the proposal is contrary to Policy 56 of
the adopted Perth and Kinross Local Development Plan 2 (2019) which looks to
protect sensitive receptors from noise generating sources. 
4 It has not been demonstrated that there is a sufficient level of either designated
or available parking to service the use of the property as a short term let. The
Page 35 of 128

Page 40

proposal is therefore contrary to the principles of the National Roads
Development Guide 2015 which requires all new developments to have suitable
parking provisions. 
Justification 
The proposal is not in accordance with the Development Plan and there are no material
reasons which justify departing from the Development Plan. 
Informatives 
None, refusal. 
Procedural Notes 
Not Applicable. 
Plans and Documents Relating to this Decision 
01, 02 and 03 
Page 36 of 128

Page 41

Page 37 of 128

Page 42

Page 38 of 128

Page 43

Page 39 of 128

Page 44

Page 40 of 128

Page 45

Page 41 of 128

Page 46

Page 42 of 128

Page 47

Page 43 of 128

Page 48

Page 44 of 128

Page 49

Page 45 of 128

Page 50

Page 46 of 128

Page 51

Page 47 of 128

Page 52

Page 48 of 128

Page 53

4(i)(c)
LRB-2025-09
LRB-2025-09
25/00180/FLL - Change of use of flat to short term let
accommodation unit, 15 Vasart Court, Perth, PH1 5QZ
Representations
Page 49 of 128

Page 54

Page 50 of 128

Page 55

Mrs Aneta Dera (Objects) 
Comment submitted date: Sat 15 Mar 2025 
We do not agree for the change of use of flat to short term let accommodation unit (
REDACTED ) in a quiet, peaceful area just for strangers to be moving in and out we
just wouldn't feel safe if the plan goes ahead. 
Page 51 of 128

Page 56

Page 52 of 128

Page 57

4(ii)
LRB-2025-10
LRB-2025-10
24/01954/FLL – Installation of solar panels and cabinet,
South Lodge, Ballindean, Inchture, Perth, PH14 9SF
Index
(a) Papers submitted by the Applicant (Pages 55-70)
(b) Decision Notice (Pages 73-74)
Report of Handling (Pages 75-82)
Reference Documents (Pages 83-124)
(c) Representations (Pages 125-128)
Page 53 of 128

Page 58

Page 54 of 128

Page 59

4(ii)(a)
LRB-2025-10
LRB-2025-10
24/01954/FLL – Installation of solar panels and cabinet,
South Lodge, Ballindean, Inchture, Perth, PH14 9SF
Papers Submitted
By The
Applicant
Page 55 of 128

Page 60

Page 56 of 128

Page 61

Page 1 of 4
NOTICE OF REVIEW 
UNDER SECTION 43A(8) OF THE TOWN AND COUNTRY PLANNING (SCOTLAND) ACT
1997 (AS AMENDED)IN RESPECT OF DECISIONS ON  LOCAL DEVELOPMENTS 
THE TOWN AND COUNTRY PLANNING (SCHEMES OF DELEGATION AND LOCAL REVIEW
PROCEDURE) (SCOTLAND) REGULATIONS 2013 
THE TOWN AND COUNTRY PLANNING (APPEALS) (SCOTLAND) REGULATIONS 2008 
IMPORTANT: Please read and follow the guidance notes provided when completing this
form. Failure to supply all the relevant information could invalidate your notice of review. 
Use BLOCK CAPITALS if completing in manuscript 
Applicant(s) 
Name Graham Ritchie     
Address 
Postcode 
Contact Telephone 1
Contact Telephone 2       
E-mail* 
Agent 
Name       
Address             
Postcode       
Contact Telephone 1      
Contact Telephone 2       
E-mail*       
Mark this box to confirm all contact should be
through this representative: 
*Do you agree to correspondence regarding your review being sent by e-mail? Yes 
Planning Authority    Perth and Kinross 
Planning authority’s application reference number 24/01954/FLL 
Site address South Lodge, Ballindean, Inchture, Perthshire, PH14 9SF 
Description of proposed development 
Installation of solar panels and cabinet South Lodge Ballindean Inchture Perth PH14 9SF 
Date of application 20/12/2024 Date of decision (if any) 19/02/2025 
Note. This notice must be served on the planning authority within three months of the date of the
decision notice or from the date of expiry of the period allowed for determining the application. 
Page 57 of 128

Page 62

Page 2 of 4
Nature of application 
1. Application for planning permission (including householder application) 
2. Application for planning permission in principle 
3. Further application (including development that has not yet commenced and where
a time limit has been imposed; renewal of planning permission; and/or modification,
variation or removal of a planning condition) 
4. Application for approval of matters specified in conditions 
Reasons for seeking review 
1. Refusal of application by appointed officer 
2. Failure by appointed officer to determine the application within the period allowed
for determination of the application 
3. Conditions imposed on consent by appointed officer 
Review procedure 
The Local Review Body will decide on the procedure to be used to determine your review and
may at any time during the review process require that further information or representations be
made to enable them to determine the review.  Further information may be required by one or a
combination of procedures, such as: written submissions; the holding of one or more hearing
sessions and/or inspecting the land which is the subject of the review case.   
Please indicate what procedure (or combination of procedures) you think is most appropriate for
the handling of your review. You may mark more than one box if you wish the review to be
conducted by a combination of procedures. 
1. Further written submissions 
2. One or more hearing sessions 
3. Site inspection 
4. Assessment of review documents only, with no further procedure 
If you have marked box 1 or 2, please explain here which of the matters (as set out in your
statement below) you believe ought to be subject of that procedure, and why you consider further
submissions or a hearing are necessary: 
Site inspection 
In the event that the Local Review Body decides to inspect the review site, in your opinion: 
1. Can the site be viewed entirely from public land? No 
2. Is it possible for the site to be accessed safely, and without barriers to entry? Yes 
If there are reasons why you think the Local Review Body would be unable to undertake an
unaccompanied site inspection, please explain here: 
Page 58 of 128

Page 63

Page 3 of 4 
Statement 
You must state, in full, why you are seeking a review on your application.  Your statement must
set out all matters you consider require to be taken into account in determining your review. 
Note: you may not have a further opportunity to add to your statement of review at a later date.  It
is therefore essential that you submit with your notice of review, all necessary information and
evidence that you rely on and wish the Local Review Body to consider as part of your review.   
If the Local Review Body issues a notice requesting further information from any other person or
body, you will have a period of 14 days in which to comment on any additional matter which has
been raised by that person or body. 
State here the reasons for your notice of review and all matters you wish to raise.  If necessary,
this can be continued or provided in full in a separate document.  You may also submit additional
documentation with this form. 
Please see the attached document entitled 24_01954_FLL_Appeal_statement.docx 
Have you raised any matters which were not before the appointed officer at
the time the determination on your application was made?  Yes  No 
If yes, you should explain in the box below, why you are raising new material, why it was not
raised with the appointed officer before your application was determined and why you consider it
should now be considered in your review. 
Although we are not presenting any expansion or change in the scope of the planning request in
this appeal we felt we needed to provide more background and context to our decision to
investigate a renewal energy solution. We also think a fuller verbal and visual description of the
property may help to put the it's future energy needs in balance with its historical nature. These
are detailed in the first half of the attached statement followed by our comments on the refusal
reasons after that. 
List of documents and evidence 
Please provide a list of all supporting documents, materials and evidence which you wish to
submit with your notice of review and intend to rely on in support of your review. 
24_01954_FLL_Appeal_statement.docx
Pic_1_view_from _South_approach.jpg
Pic_2_view_from East_approach.jpg
Pic_3_view_from_west_approach.jpg
Pic_4_view from_in_garden_west.jpg
Pic_5_Neighbours_Solar_panels_to_NW.jpg
Other documents such as elavation plans and location plans can be found with the original
application. I have been advised by P&K council planning that I will not need to resubmit these. 
Note. The planning authority will make a copy of the notice of review, the review documents and
any notice of the procedure of the review available for inspection at an office of the planning
Page 59 of 128

Page 64

Page 4 of 4
authority until such time as the review is determined.  It may also be available on the planning
authority website. 
Checklist 
Please mark the appropriate boxes to confirm you have provided all supporting documents and
evidence relevant to your review: 
Full completion of all parts of this form 
Statement of your reasons for requiring a review 
All documents, materials and evidence which you intend to rely on (e.g. plans and drawings
or other documents) which are now the subject of this review. 
Note. Where the review relates to a further application e.g. renewal of planning permission or
modification, variation or removal of a planning condition or where it relates to an application for
approval of matters specified in conditions, it is advisable to provide the application reference
number, approved plans and decision notice from that earlier consent. 
Declaration 
I the applicant hereby serve notice on the planning authority to review the application as
set out on this form and in the supporting documents. 
Signed: Graham Ritchie Date: 17/04/2025 
Page 60 of 128

Page 65

Appeal Statement
The following statement is an appeal to review the refusal of our planning application to Perth and
Kinross Council Planning Department, reference number 24/01954/FLL (and associated number
24/01955/LBC) entitled “Installation of solar panels and cabinet South Lodge Ballindean Inchture
Perth PH14 9SF”.
Property description:
South Lodge is a single storey gate lodge building at the South entrance to the former Ballindean
House estate. It was originally built around 1832 in stone with a Scots slate roof. It more recently has
had a substantial ‘in-keeping’ modern brick and harled extension with Welsh Slate roof added to the
rear or the building in 1985. This more than doubled the size of the property however none of this
extension is visible when viewing the property from the original front elevation. A conservatory of
modern white PVC construction was added to this extension in 1990. Both the extension and the
conservatory have been through planning approval with the latter available to view online with
reference number 90/01342/FUL.
The building was B-Listed in 1971 as “Ballindean South Lodge and Gates” reference LB11761. This
listing was made before the above additions but by default covers the new extension to the building
in the listing. This was confirmed by Historic Environment Scotland.
My partner and I have owned the building since 2017, although it has been in the Ritchie family since
1989 when my parents retired there. The family have always lived locally having been farmers in the
Carse of Gowrie for many generations. It is our intention to look after and preserve the property as
much as we possibly can. 
Having informally spoken the planning department and looking at online guidance we realised we
would need planning permission and listed building consent for the solar panels so we have followed
the required planning application process to date. 
Background to the reasons for a Solar Panel system:
The main heating and hot water system for the property is currently a gas combi boiler for central
heating and hot water, fuelled by LPG gas which is delivered and stored in an on-site LPG gas tank.
The central heating system dates back to the 1990’s with narrow microbore piping and with the
current boiler being a replacement from back in 2012. This whole system is nearing end of life and
has been subject to much recent repair and we are told we will potentially require at a new LPG gas
boiler in the coming 1 to 3 years.
We want to move away from gas fuel for a number of reasons:
• Firstly, to follow Scottish and UK government advice to move away from fossil fuels to a
cleaner and more sustainable energy solution. 
• The cost of delivered LPG gas is expensive and has almost doubled in price from 39p to 75p
per Litre in the last 5 years so we now ration its use where we can.
• The cost of maintaining the boiler and heating system is increasing with the age of the
system.
• There is also the presence of an on-site LPG gas tank requiring protected space around it and
heavy delivery tankers having to reverse onto the property to get near to the tank.
Page 61 of 128

Page 66

When looking at the options for replacing the current LPG heating system within a limited budget we
started in 2019 to invest in infrared heating units in several rooms in order to gain the following
advantages:
• Firstly, moving away from fossil fuels as mentioned above.
• To use mains electricity from the national grid that should be utilising renewable resources
more and more into the future.
• At the time we had an expectation of longer term stable and potentially cheaper electricity
prices with national renewables. This has not been the case so far.
• Low unit, installation and maintenance cost of infrared heaters.
• Infrared heaters are ceiling mounted and therefore we can eventually free up space from
decommissioned conventional radiators.
• Perceived health benefits from infrared heat together with reduced dust circulation due to
the non-convectional heating process.
However, with electricity unit prices having more than doubling since 2021, the cost of mains
electricity solely from the grid is now very expensive and we turned to looking at our own long term
renewable domestic solution hence the solar panel and storage battery application. This kind of
system would have the following benefits and characteristics:
• More affordable installation compared to other alternatives (see below*) 
• Minimal installation consisting of mainly internal cabling in the attic and several external roof
mounting points without altering any structural components of the building.
• The installation would be easily reversable in years to come as no structural changes will
have been made. The only external work after solar panel removal would be some slate
reinstatement.
• We would have the ability to generate and store our own electricity to power our electric
heaters and other electrical needs.
• We would not be so exposed to changes in electricity prices, for example our January 2021
bill was £73 whereas in January 2025 it was £147.
• We would feed back into the national grid any surplus capacity using the government’s Smart
Export Guarantee therefore “providing the local grid with more clean, green energy, as the
UK bids to become a net zero emissions economy”.
• We could also benefit from new technology to provide direct hot water using a separate
battery storage electric boiler for that purpose.
• Potential for renewable electric car charging in the future when we may eventually get an
electric car.
*We had considered other heating options but the following issues made them less cost effective
and desirable for us.
For example, air source heating would not just require the external air source heat pump but the
complete renewal of the pipe system and the replacement considerably larger radiators. Also, the
routing of larger pipes throughout and between the old part of the building and the extension part
would require substantial upheaval and some concrete removal just below floor level. Although the
cost of installation may be comparable to solar but the invasive nature of the installation throughout
the old and new parts of the building made us uncomfortable as did the prospect of relying solely on
mains electricity.
Page 62 of 128

Page 67

Electric storage heaters were also considered but we feel we have already invested heavily in infrared
electric heaters for heating purposes. Plus, the storage heaters have a larger radiator footprint like
the air source heating radiators mentioned above.
The fallback is to replace the LPG boiler and continue to use LPG tank gas for the foreseeable but we
want to avoid this if we can.
It should be noted also that the company we engaged to plan a cost-efficient solar panel installation
had stated during the on-site survey that a roof mounted solution was the only suitable efficient
option for us. They also informed us that even if there were a suitable ground site, which they could
not readily identify on the property, then there would be unknown cost of ground mounting the
solar panels and the required earthworks and underground cabling. This may be cost prohibitive for
us.
We would also like to point out that we are a couple just a few years away from our retirement ages
and have a limited ‘working’ budget just now and will have less of a ‘retirement’ budget in the
future. So, we are currently trying to plan a sustainable energy strategy for the house and our future. 
Our Comments on the Refusal reasons
There appear to be 4 reasons stated in the 24/01954/FLL main application and a single reason in the
associated 24/01955/LBC application which duplicates the second reason in the main application. 
Reasons 1 and 2 - Detriment to the traditional character of the building:
Using the main 24/01954/FLL application the first two 2 reasons for refusal were for the similar
reason that the Solar panels on the roof would be detrimental to the traditional character of the
application property. The first reason appears not to do with the fact that the building is listed
whereas the second reason directly references it as a category B listing building. Given that we are
aware that the planning permission application for a solar panel installation would not have been
required for a non-listed building then we are struggling to understand why there is a first reason at
all?
The second reason is due to the fact that this is a category B listing building and we do appreciate the
nature of such a building and the need to protect its original features and character. Both my partner
and myself are currently working or have worked in the government heritage sector and are more
than sympathetic to this point. However, we hope to show by making the following points that there
is a balance to be struck in this case and that this installation can be progressed without adversely
affecting the traditional character or indeed the fabric of any part the building, original or otherwise. 
• As shown on the application plans the site of the panels would be on the modern extension
part of the building and would not affect any part of the original lodge and therefore the
listing description would remain accurate: Single-storey harled with stone dressings; porch
and bay window features; upper sashes have arched tops with radial glazing bars; low
pitched roof octagonal shafted chimneys; tapered gatepiers.
• On approach via the public road from Inchture, the solar panels would not be visible from
the front south facing aspect of the original listed property (see Pic_1_view_from
_South_approach.jpg).  Visitors using the driveway to the Ballindean House estate to the east
Page 63 of 128

Page 68

of the property can only see the south and east elevations of the lodge so again the solar
panels would not be visible (see Pic_2_view_from East_approach.jpg). 
• The solar panels would only be partially visible from the public road to the west, depending
on the time of year and vegetation (see Pic_3_view_from_west_approach.jpg).
• The installation of mounting points on the slate roof would be non-structural and completely
reversable in the future, possibly at a time of decommissioning or replacing of the system.
• The low profile and dark colouring of the panels gives minimal contrast between the
installation and the slate roof.
• There is an existing modern white PVC conservatory already attached to the external wall of
the extension. It would to us seem strange to conclude that dark low profile, low contrast
solar panels on the roof would be more of a detriment to the traditional character of the
building than this previously approved conservatory. (see Pic_4_view
from_in_garden_west.jpg)
• There are two other residential buildings approximately 350 metres North West of this
property which, although not listed themselves, have been built to be in keeping with their
adjacent B-listed walled gardens (LB13463 and LB13480). These properties have low profile
solar panel installations that are also visible from the public road. (see
Pic_5_Neighbours_Solar_panels_to_NW.jpg) 
Reasons 3 - Lack of a bat survey:
Our original application was compiled by our architect as we were advised by Perth and Kinross
planning that accurate professional plans would be required. We also engaged the architect act as
agent to submit the application as we had no experience of planning and applications. However, the
necessity for bat welfare was not relayed to us although I can now see that it is clearly stated in the
pre-application’s guidance notes.
Therefore, in hindsight and given that if a bat survey is required, we would be happy to commission
one. We are already aware that we have had bat activity around the house in the summer months in
recent years. 
However, we would respectfully ask if the bat survey itself could be a required condition for an
otherwise potentially successful appeal. We ask this as the cost of a bat survey appears to range from
hundreds of pounds to several thousand pounds depending on requirements. 
Reason 4 – Summary of the above refusal reasons:
The 4th Reason for Refusal appears to be a combination of the above reasons but with 2 different
policy references. I assume these references refer to the previous historic and biodiversity reasons in
a ‘combined’ sense, hence the sole need for this 4th reason. 
In summary:
We would hope that these above points, in conjunction with our domestic and national green energy
aspirations, would give us hope that in this case a compromise could be reached to allow us to
proceed with our installation.
Page 64 of 128

Page 69

I would like to add that we were disappointed that no actual visit was made to the property as part
of the planning decision as we believe that submitted maps, plans and any online resources can only
go so far as to understanding the nature of this property in its environment. We do understand and
respect that it is a building of historic significance but we also think it now has modern aspects and
future sustainability needs that we want to address and maintain. This is so that we can be part of
the preservation of the building to ensure that ourselves and the generations to come can enjoy both
the benefits of the building’s history and also its environmentally responsible future.
As mentioned previously, and now in hindsight, it may be that we should have been more involved in
the initial planning application especially if any of the above contextual information would have
made the application clearer to planners when given more of the background detail. However, as our
planning application knowledge was limited, we felt at the time that an agent would be able to
provide the level of detail, beyond plans and maps, that would be required.
Thank you for your consideration. 
Page 65 of 128

Page 70

Picture 1 – View from south approach 
Page 66 of 128

Page 71

Picture 2 – View from east approach 
Page 67 of 128

Page 72

Picture 3 - View from west approach 
Page 68 of 128

Page 73

Picture 4 - View from in garden west 
Page 69 of 128

Page 74

Picture 5 – Neighbours solar panels to NW 
Page 70 of 128

Page 75

4(ii)(b)
LRB-2025-10
LRB-2025-10
24/01954/FLL – Installation of solar panels and cabinet,
South Lodge, Ballindean, Inchture, Perth, PH14 9SF
Planning Decision Notice 
Report of Handling
Reference Documents 
Page 71 of 128

Page 76

Page 72 of 128

Page 77

Page 73 of 128

Page 78

Page 74 of 128

Page 79

Report of Handling
Delegated Report
Ref No 24/01954/FLL
Ward No P1- Carse Of Gowrie
Due Determination Date 15th March 2025
Draft Report Date 18th February 2025
Report Issued by David Rennie Date 18th February 2024
PROPOSAL: Installation of solar panels and cabinet
LOCATION: South Lodge Ballindean Inchture Perth PH14 9SF
Summary:
This report recommends refusal of the application as the development is considered
to be contrary to the relevant provisions of the Development Plan and there are no
material considerations apparent which justify setting aside the Development Plan.
Background and Description of Proposal
The application property is a single storey detached dwellinghouse situated in a rural
area to the northwest of Inchture.  The house is a category B listed building (Historic
Environment Scotland ref: LB LB11761).  Details of the listing are available at
BALLINDEAN SOUTH LODGE AND GATES, (LB11761)
Full planning permission is sought to install solar panels on the southwest (side)
facing roof plane and to install a battery storage cabinet adjacent to the northwest
(rear) elevation of the house.
There is an associated application for listed building consent (ref: 24/01955/LBC).
Site History
90/01342/FUL Erection of a conservatory 24 September 1990 Application Approved
24/01955/LBC Installation of solar panels and cabinet Application Pending
Consideration
Pre-Application Consultation
Pre application Reference: n/a
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). 
Page 75 of 128

Page 80

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 4: Natural Places
Policy 7: Historic Assets and Places
Policy 11: Energy
Policy 16: Quality Homes
Perth and Kinross Local Development Plan 2 – Adopted November 2019
The Local Development Plan 2 (LDP2) is the most recent statement of Council policy
and is augmented by Supplementary Guidance.
The principal policies are:
Policy 1A: Placemaking
Policy 1B: Placemaking
Policy 27A: Listed Buildings
Policy 33A: Renewable and Low Carbon Energy: New Proposals for Renewable and
Low-Carbon Energy
Policy 41: Biodiversity
Statutory Supplementary Guidance
 Supplementary Guidance - Placemaking (adopted in 2020)
Other Policies
Non-Statutory Guidance
 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.  
Page 76 of 128

Page 81

Planning Advice Notes
The following Scottish Government Planning Advice Notes (PANs) and Guidance
Documents are of relevance to the proposal: 
 PAN 40 Development Management
Other Policies and Guidance
Historic Environment Scotland "Managing Change in the Historic Environment:
Micro-renewables" states that:
“The use of renewable energy technology in the historic environment is supported
where the character of the historic building or place can be protected through careful
siting and design… Each micro-renewable technology has specific site requirements,
and not all equipment is suitable in every case.”
Consultation Responses
Conservation Team
South Lodge is a category B listed building at the southern entrance to the category
A listed Ballindean House, adjacent to the associated gate piers forming the principal
entrance. 
The application proposes 12 solar panels to be installed on the south west roof
elevation of the Lodge. While this does not affect the principal views (from the south
east and north east), the panels would be a prominent addition on a building of this
small scale, distracting both from its quality and architectural detail, and from the
wider historic setting inclusive of the adjacent listed gate piers. 
The proposed roof-mounted solar panels would result in an adverse impact on the
historic character of the building and its setting. The application gives no indication
that alternative options have been considered with a view to reducing the adverse
impact on the listed building, such as the use of ground mounted panels.  I therefore
object to the proposal.
Representations
Number of representations received: 0
Additional Statements Received:
Screening Opinion EIA Not Required
Environmental Impact Assessment (EIA):
Environmental Report
Not applicable
Appropriate Assessment under Habitats Regulations Habitats Regulations 
AA Not Required
Design Statement or Design and Access Statement Not Required
Report on Impact or Potential Impact eg Flood Risk
Assessment
Not Required
Page 77 of 128

Page 82

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.  
In this instance, Section 59(1) of the Planning (Listed Buildings and Conservation
Areas) (Scotland) Act 1997 places a duty on planning authorities in determining such
an application as this to have special regard to the desirability of preserving the listed
building or its setting or any features of special architectural or historic interest which
it possesses.  
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
Developments which are incidental to the enjoyment of an existing domestic
dwellinghouse are generally considered to be supportable in principle.  Nevertheless,
consideration must be given to the specific details of the proposed development,
within the context of the application site, and whether it would have an adverse
impact on visual or residential amenity or the character and appearance of the place. 
Assessment of the proposal against the relevant policies is provided below.
Renewable Energy
It is appreciated that the applicant wishes to improve the energy efficiency of the
dwellinghouse.  The installation of solar panels at the property would be expected to
make a positive contribution towards the reduction of greenhouse gas emissions and
associated climate change impacts. 
Policy 11: Energy of NPF4 encourages renewable energy provided impacts on the
historic environment have been addressed and mitigated.  Similarly, Policy 33A: New
Proposals for Renewable and Low-Carbon Energy of LDP supports the development
of renewable and low-carbon sources of energy subject to the impacts on visual
amenity and the historic environment being taken into account.  The Council’s draft
Renewable and Low Carbon Energy Supplementary Guidance provides further
guidance on the criteria of Policy 33A including:
“Roof mounted technology …, and their installation, may
impact on the fabric of historic buildings and the appearance and setting of listed
buildings …  These should be carefully installed and discretely sited to not detract
from the historic character or settings.”
Policy 11 of NPF4 and Policy 33A of LDP2 also require impacts on biodiversity,
including bats, to have been addressed and mitigated.
Page 78 of 128

Page 83

For the reasons detailed below, the proposal is detrimental to the historic
environment and detrimental to biodiversity.  As such, the proposal is contrary to
Policy 11 of NPF4 and Policy 33A of LDP2.
Given the size of the house’s curtilage, consideration could be given to other sources
of renewable energy, such as the installation of ground mounted solar panels in a
discreet location that does not affect the setting of the listed building.  It is
recommended that a pre-application enquiry is submitted prior to the submission of a
planning application for any alternatives.
Visual Amenity, Design and Layout
The application property is a traditional single storey dwellinghouse with a slate roof.  
The proposal includes the installation of a row of twelve solar panels on the
southwest (side) facing roof plane, which is visible from the adjacent public road. 
The panels are of a typical standard design.  Each panel is 1.8 metres tall, and the
row of panels would be some 10.6 metres wide.  Due to their modern design and
materials, the solar panels would be an incongruous addition to the traditional slate
roof of the house.  Due to the layout of the site, the proposed solar panels would be
visible from the adjacent public road.  Due to their modern design and materials,
their total surface area, and their prominent siting, the proposed solar panels would
be detrimental to the traditional character of the house.  
Due to its siting in a relatively concealed location at the rear of the house and its
modest scale, the proposed battery storage cabinet would not be detrimental to the
traditional character of the house.  
As the proposed solar panels would be detrimental to the traditional character of the
house, the proposal is contrary to Policy 16(g)(i): Quality Homes of National Planning
Framework 4, and contrary to Policies 1A and 1B(c): Placemaking of the Perth and
Kinross Local Development Plan 2
Historic Environment
Under Section 59(1) of the Planning (Listed Buildings and Conservation Areas)
(Scotland) Act 1997, the Council as planning authority is required to have special
regard to the desirability of preserving listed buildings, their settings and any features
of special architectural or historic interest which they possess.
As discussed above, due to their modern design and materials, their total surface
area, and their prominent siting, the proposed solar panels would be detrimental to
the traditional character and appearance of the category B listed building.
Also as discussed above, due to its siting and scale, the proposed battery storage
cabinet would not be detrimental to the traditional character and appearance of the
category B listed building.
As the proposed solar panels would be detrimental to the character and appearance
of the category B listing building, the proposal is contrary to Section 59(1) of the
Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997; contrary to
Page 79 of 128

Page 84

Policy 7(c): Historic Assets and Places (Listed Buildings) of National Planning
Framework 4; contrary to Policy 27A: Listed Buildings of the Perth and Kinross Local
Development Plan 2; and contrary to Historic Environment Scotland's guidance
"Managing Change in the Historic Environment: Micro-renewables"
Natural Heritage and Biodiversity
The proposal involves alterations to an existing slate roof of a building that is
immediately adjacent to woodland.  As explained in the Bat Survey Guidance, this
triggers the requirement for a bat survey to be undertaken by a suitably experienced
and qualified ecologist to determine the actual or potential presence of bats.
A bat survey has not been submitted as part of the application.  As such, it has not
been demonstrated that there are no bats present and that bats will not be affected
by the proposal.  As any impacts on bats cannot be fully considered, the proposal is
contrary to Policy 4(f) of NPF4 and contrary to Policy 41 of LDP2.
As there were other reasons for refusing the application and in the interests of
avoiding unnecessary additional costs to the applicant, the applicant’s agent was not
asked to undertake a bat survey.
Landscape
Given the scale of the proposal and given that the proposal involves works to an
existing dwellinghouse, there are no concerns about impacts on the landscape of the
area.  As such, the proposal is in accordance with Policy 4(d) of NPF4 and Policy 39
of LDP2.
Residential Amenity
Given the nature of the proposal and the distance from the nearest residential
properties, there are no concerns about impacts on residential amenity.  As such, the
proposal is in accordance with Policy 16(g)(ii) of NPF4
Developer Contributions
The Developer Contributions Guidance is not applicable to this application and
therefore no contributions are required in this instance.
Economic Impact
It is expected that the proposal would bring some economic benefit to the owners /
occupiers of the property.
Planning Obligations and Legal Agreements
None required.  
Direction By Scottish Ministers
None applicable to this proposal.
Page 80 of 128

Page 85

Conclusion and Reasons for Decision
To conclude, the application must be determined in accordance with the
Development Plan unless material considerations indicate otherwise.  In this respect,
the proposal is considered to be contrary to the Development Plan.  Account has
been taken of the relevant material considerations, and none has been found that
would justify overriding the Development Plan.
Accordingly, the proposal is refused on the grounds identified below.
Reasons for Refusal
1. The proposed solar panels, by virtue of their modern design and materials,
their total surface area, and their visually prominent siting, would be
detrimental to the traditional character of the application property.  
Approval would therefore be contrary to Policy 16(g)(i): Quality Homes of
National Planning Framework 4, and contrary to Policies 1A and 1B(c):
Placemaking of the Perth and Kinross Local Development Plan 2.
2. The proposed solar panels, by virtue of their modern design and materials,
their total surface area, and their visually prominent siting, would be
detrimental to the traditional character and appearance of the category B
listing building.  
Approval would therefore be contrary to Section 59(1) of the Planning (Listed
Buildings and Conservation Areas) (Scotland) Act 1997, which requires the
Council as Planning Authority to have special regard to the desirability of
preserving the listed building; contrary to Policy 7(c): Historic Assets and
Places (Listed Buildings) of National Planning Framework 4; contrary to Policy
27A: Listed Buildings of the Perth and Kinross Local Development Plan 2; and
contrary to Historic Environment Scotland's guidance "Managing Change in
the Historic Environment: Micro-renewables".
3. The application, due to the lack of a bat survey, fails to demonstrate that bats
will not be affected by the proposal.  
Approval would therefore be contrary to Policy 4(f): Natural Places (Protected
Species) of National Planning Framework 4, and contrary to Policy 41:
Biodiversity of the Perth and Kinross Local Development Plan 2.
4. The proposal, by virtue of the impacts on the character of the listed building
and the lack of a bat survey, is contrary to Policy 11(c): Energy of National
Planning Framework 4 and contrary to Policy 33A: New Proposals for
Renewable and Low-Carbon Energy of the Perth and Kinross Local
Development Plan 2, which only support renewable energy generation
technology if impacts on the historic environment and biodiversity have been
satisfactorily addressed.
Page 81 of 128

Page 86

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
1. There are no relevant informatives.
Procedural Notes
Not Applicable.
PLANS AND DOCUMENTS RELATING TO THIS DECISION
01
02
03
04
05
06
07
08
Page 82 of 128

Page 87

Page 83 of 128

Page 88

Page 84 of 128

Page 89

Page 85 of 128

Page 90

Page 86 of 128

Page 91

Page 87 of 128

Page 92

Page 88 of 128

Page 93

Page 89 of 128

Page 94

Page 90 of 128

Page 95

Page 91 of 128

Page 96

Page 92 of 128

Page 97

Page 93 of 128

Page 98

Page 94 of 128

Page 99

Page 95 of 128

Page 100

Page 96 of 128

Page 101

Page 97 of 128

Page 102

Page 98 of 128

Page 103

Page 99 of 128

Page 104

Page 100 of 128

Page 105

Page 101 of 128

Page 106

Page 102 of 128

Page 107

Page 103 of 128

Page 108

Page 104 of 128

Page 109

Page 105 of 128

Page 110

Page 106 of 128

Page 111

Page 107 of 128

Page 112

Page 108 of 128

Page 113

Page 109 of 128

Page 114

Page 110 of 128

Page 115

Page 111 of 128

Page 116

Page 112 of 128

Page 117

Page 113 of 128

Page 118

Page 114 of 128

Page 119

Page 115 of 128

Page 120

Page 116 of 128

Page 121

Page 117 of 128

Page 122

Page 118 of 128

Page 123

Page 119 of 128

Page 124

Page 120 of 128

Page 125

Page 121 of 128

Page 126

Page 122 of 128

Page 127

Page 123 of 128

Page 128

Page 124 of 128

Page 129

4(ii)(c)
LRB-2025-10
LRB-2025-10
24/01954/FLL – Installation of solar panels and cabinet,
South Lodge, Ballindean, Inchture, Perth, PH14 9SF
Representations
Page 125 of 128

Page 130

Page 126 of 128

Page 131

Page 127 of 128

Page 132

Page 128 of 128