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Minute of meeting of 26 January 2026

Perth and Kinross Council · 2 March 2026
Back to Local Review Body — 2 March 2026 and its agenda

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Perth and Kinross Local Review Body
Minute of hybrid meeting of the Perth and Kinross Local Review Body held on
Monday 26 January 2026 at 1.00pm.
Present: Councillor B Brawn, Councillor K Harvey, Bailie C McLaren (for Item 5(i))
and Councillor R Watters (excluding Item 5(i)).
In Attendance: L Tierney (Planning Adviser); Callum MacLeod (Legal Adviser); and
A Brown (Democratic Support Officer) (all Legal and Governance).
Also Attending: M Pasternak (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 13 October 2025 was
submitted and noted.
(Members unanimously agreed to vary the order of the agenda to hear Item 5 -
Applications Previously Deferred before Item 4 - Applications for Review)
(Bailie McLaren joined the meeting and Councillor Watters left the meeting at this
point.)
4. Applications For Review
(i) LRB-2025-16
23/01113/FLL - Erection of 2 estate properties and garages,
formation of access road connecting to existing estate road and
associated works (Zone Z4-04), Taymouth Castle, Kenmore,
Aberfeldy, PH15 2NT - River Tay Development Ltd
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse the erection of 2 estate
properties and garages, formation of access road connecting to
existing estate road and associated works (Zone Z4-04), Taymouth
Castle, Kenmore, Aberfeldy, PH15 2NT.
The Planning Adviser displayed photographs of the site and described
the proposal, and thereafter summarised the Appointed Officer’s
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Report of Handling, the grounds set out in the Notice of Review and the
further information received.
It was noted that, at its meeting of 13 October 2025, the Local Review
Body resolved that (i) having regard to the material before the Local
Review Body, insufficient information was before the Local Review
Body to determine the matter without further procedure; (ii) a site visit
was to be undertaken; and (iii) following the site visit, the application be
brought back to a future meeting of the Local Review Body.
Decision:
Resolved by unanimous decision that:
(i) having regard to the material before the Local Review Body, the
comments from the Planning Adviser, and a site visit having
been carried out on 13 November 2025, 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 erection of 2 estate properties and
garages, formation of access road connecting to existing estate
road and associated works (Zone Z4-04), Taymouth Castle,
Kenmore, Aberfeldy, PH15 2NT, should be granted, subject to
the imposition of relevant terms, conditions and informatives.
Justification
The proposal is a justifiable departure from the Development
Plan on the basis that there will be minimal visual impact on the
landscape and views to, from and within the site will not be
significantly impacted, in line with Policy 7 (i) of National
Planning Framework 4 (2023).  It is considered that the
development will contribute positively to the quality of the
surrounding built and natural environment, thereby complying
with Policy 1A of the Perth and Kinross Local Development Plan
2 (2019).  The PKLRB acknowledged that whilst there would be
an impact on the Dairy, this impact was deemed to be marginal
and it was held that the development would contribute positively
to the amenity of the area, and therefore a small departure from
policy was justifiable in this regard.
(Bailie McLaren left the meeting and Councillor Watters rejoined the meeting at this
point.)
4. Applications For Review
(i) LRB-2025-19
Review of Condition 3 on planning permission 25/00865/FLL
(Alterations to vehicular access, erection of gate pillar and
installation of replacement gates at Dalnasgadh, Killiecrankie,
Pitlochry, PH16 5LN) - Mrs J Pillans
Members considered a Notice of Review seeking a review of the
imposition of Condition 3 on planning consent 25/00865/FLL

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(Alterations to vehicular access, erection of gate pillar and installation
of replacement gates at Dalnasgadh, Killiecrankie, Pitlochry, PH16
5LN).
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 unanimous decision that:
(ii) the review application seeking a review of Condition 3 on
planning consent 25/00865/FLL (Alterations to vehicular access,
erection of gate pillar and installation of replacement gates at
Dalnasgadh, Killiecrankie, Pitlochry, PH16 5LN), be granted and
Condition 3 be removed from planning consent 25/00865/FLL.
Justification
Removal of the condition is deemed acceptable on the basis
that cars and vehicles can currently use the entrance as it
stands, and therefore, there does not appear to be a significantly
greater risk that gravel will spill onto the road if the access is
widened.  There have been no reported incidents which would
suggest that this access is not safe.
(ii) LRB-2025-20
24/00391/IPL - Residential development and associated works (in
principle), land 90 metres east of 13 Park Grove, Spittalfield, Perth,
PH1 4LH - Mr G McLuskey
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse a residential development
and associated works (in principle), land 90 metres east of 13 Park
Grove, Spittalfield, Perth, PH1 4LH.
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 unanimous decision that:
(ii) the review application for a residential development and
associated works (in principle), land 90 metres east of 13 Park

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Grove, Spittalfield, Perth, PH1 4LH, be refused for the following
reasons:
1. The proposal is contrary to the spatial strategy for this
allocated site (Ref MU6) of the Perth and Kinross Local
Development Plan 2 which seeks a small mixed-use
development of employment uses and housing on the site
of a former bus depot.  The proposal relates solely to a
section of the allocated site (Ref MU6) and does not
relate to a comprehensive redevelopment of the site nor
is any commercial development proposed.
2. The proposal is for five large detached dwellinghouses on
five large lots which does not respect the wider residential
density in the village to the west.  Further, the proposal
does not integrate or connect with neighbouring
residential development.  The proposal is poorly
designed, and the design and density does not respect
the character and amenity of the place or create and
improve links to the surrounding area.  The proposal is
contrary to National Planning Framework 4 Policy 14:
Design, Quality and Place and Local Development Plan 2
Policy 1: Placemaking and associated Supplementary
Guidance.
3. The proposed development is contrary to National
Planning Framework 4: Forestry, Woodland and Tress
Policy 6b)i) because of the proximity of housing and
garden ground to ancient woodland and the potential
adverse impact on their ecological condition.
4. The existing vehicular access does not have the capacity
to accommodate the development, and the proposal will
have an adverse impact on road safety and operational
performance.  The proposal is contrary to National
Planning Framework 4 Policy 13: Sustainable Transport
and Local Development Plan 2 Policy 60A and 60B:
Transport Standards and Accessibility Requirements.
Justification
The proposal is not in accordance with the Development Plan
and there are no material reasons which justify departing from
the Development Plan.
(iii) LRB-2025-22
25/00567/FLL - Change of use of flat to short term let
accommodation unit, 4B Kings Court, South William Street, Perth,
PH2 8LA - Bart Properties Ltd
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse the change of use of flat to
short term let accommodation unit, 4B Kings Court, South William
Street, Perth, PH2 8LA.

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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 unanimous decision that:
(ii) the review application for the change of use of flat to short term
let accommodation unit, 4B Kings Court, South William Street,
Perth, PH2 8LA, be refused for the following reasons:
1. By virtue of the shared entry arrangements in a block of
flats, there would be a potential for an increase in noise
nuisance both when occupiers are using the property,
and arriving/leaving the property.  As a result of this, the
proposal would adversely impact existing residential
amenity of residents living permanently in the block, and
especially the occupiers of Flats 4A, 4C and 4D Kings
Court.  Accordingly, the proposal is contrary to Policy
30(e): Tourism of the National Planning Framework 4
which states that new proposals 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 location of the property being outwith the
City Centre area, the shared entry arrangements in a
block of flats and the flatted nature of the proposal, there
would be a potential for an increase in noise nuisance
both when occupiers are using the property and
arriving/leaving.  As a result of this, the proposal would
adversely impact on the residential amenity currently
enjoyed by those living permanently in the block
(especially the occupiers of Flats 4A, 4C and 4D Kings
Court), and it would introduce a land use which is not
compatible with the surrounding predominantly residential
properties contained in the building block.  Accordingly,
the proposal in contrary to Policy 17: Residential Areas of
the Perth and Kinross Local Development Plan 2 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 Local Development Plan 2
which seek to ensure that all new proposals contribute
positively to the surrounding environment.
3. By virtue of the shared entry arrangements in a block of
flats, there would be a potential for an increase in noise
nuisance both when occupiers are using the property,
and arriving/leaving the property.  As a result of this, the
proposal is contrary to Policy 56 of the Perth and Kinross

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Local Development Plan 2 which looks to protect
sensitive receptors from noise generating sources.
Justification
The proposal is not in accordance with the Development Plan
and there are no material reasons which justify departing from
the Development Plan.
(There was a short recess.)
(iv) LRB-2025-23
25/01040/FLL - Erection of replacement garage with ancillary
accommodation, Glenburn, Bellwood Park, Perth, PH2 7AJ – Ms L
Atkinson
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse the erection of a
replacement garage with ancillary accommodation, Glenburn, Bellwood
Park, Perth, PH2 7AJ.
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) reason 3 could be removed on the basis that the replacement
building in the proposed location was an acceptable distance
from the principal dwellinghouse and provided for an adequate
functional relationship between it and the ancillary
accommodation.
(iii) the review application for the erection of a replacement garage
with ancillary accommodation, Glenburn, Bellwood Park, Perth,
PH2 7AJ, be refused for the following reasons:
1. The proposal, by virtue of the combination of the
proposed garage’s siting, design, finishing materials,
height, scale and massing, would have a detrimental
impact on the character and environmental quality of the
application property and the surrounding area.
Approval would therefore be contrary to Policy 16(g)(i):
Quality Homes of National Planning Framework 4,
contrary to Policies 1A and 1B(c): Placemaking of the
Perth and Kinross Local Development Plan 2, and
contrary to the Perth and Kinross Supplementary
Guidance 2020.

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2. The proposal, by virtue of the combination of the
proposed garage’s siting, design, finishing materials,
height, scale and massing would be detrimental to the
character and appearance of the Kinnoull Conservation
Area.
Approval would therefore be contrary to Section 64 of the
Planning (Listed Buildings and Conservation Areas)
(Scotland) Act 1997, which requires planning authorities
to pay special attention to the desirability of preserving or
enhancing the character and appearance of conservation
areas; contrary to Policy 7(d): Historic Assets and Places
(Conservation Areas) of National Planning Framework 4;
and contrary to Policy 28A: Conservation Areas of the
Perth and Kinross Local Development Plan 2.
3. The proposal, by virtue of the unobstructed and elevated
view from the top of the external stairs, would have a
detrimental impact on the residential amenity of the
neighbouring property to the east.
Approval would therefore be contrary to Policy 16(g)(ii):
Quality Homes of National Planning Framework 4;
contrary to Policy 17: Residential Aeras of the Perth and
Kinross Local Development Plan 2; and contrary to the
Perth and Kinross Placemaking Supplementary Guidance
2020.
Justification
The proposal is not in accordance with the Development Plan
and there are no material reasons which justify departing from
the Development Plan.
Note The minority opinion of Councillor Watters was that although the
proposal does not comply with the Development Plan, on the basis that
the proposed building’s ridgeline fits in with the ridgeline of the
neighbouring property and is no more imposing that any other building
going up the hill, the review should be upheld and planning permission
granted.