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(c) Representations (Pages 147-160)

Perth and Kinross Council · 2 March 2026
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4(ii)(c)
LRB-2025-25
LRB-2025-25
24/01718/FLL - Erection of dwellinghouse, land 40 metres
south east of Calzieveg, Braco, Dunblane, FK15 9RD
Representations

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M e m o r     
To Development Management & Building  
Standards Service Manager   
Your ref 24/01718/FLL 
Date      18 December 2024 
Communities 
a n d u m 
From  Regulatory Services Manager     
Our ref  LJA 
Tel No       01738 475248 
Pullar House, 35 Kinnoull Street, Perth PH1 5GD
Consultation on an Application for Planning Permission
24/01718/FLL RE: Erection of dwellinghouse Land 40m South East of Calzieveg, Braco,
FK15 9RD for Mr James O’ Mahoney and Mrs Samantha Magee 
I refer to your letter dated 11 December 2024 in connection with the above application and
have the following comments to make. 
Environmental Health
Recommendation 
I have no objection in principle to the application but recommend the under noted
informative be included on any given consent. 
Comments 
The applicant is proposing to erect a dwellinghouse at land 40m south east of Calzieveg,
Braco. The plans include the provision of an Air Source Heat Pump (ASHP) externally sited
on the north east elevation. 
Noise 
Whilst there is no supporting information supplied with the application stating the make and
model of the ASHP to be installed, I would expect this to be domestic sized, which typically
have a measured sound pressure level in the region of 45dB(A) – 60dB(A) at 1m dependant
on the exact model installed.
The World Health Organisation (WHO) issued guidance in 1999 in relation to noise, at which
time it was recommended that the following sound levels should be maintained: Leq50-
55dB(A) in outdoor living areas, Leq35dB(A) in internal living areas and Leq30dB(A) in
bedrooms. This guidance is consistent with BS8233:2014 which recommends the following
sound level ranges: Leq30-40dB(A) in living areas and Leq30-35dB(A) in bedrooms.
Given the distance attenuation to neighbouring properties these levels should be achievable
for airborne noise allowing for 10-15dB reduction by a partially open window. 
The sound levels recommended in the guidance does not take into account the relative noise
level at octave frequency bands. Fixed plant of this type can create noise which has
characteristics that are not adequately quantified by means of a Leq limit.

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Therefore, whilst I have no objections to the application, I would recommend the following
informative be attached to any given consent. 
Informative 
ASHP 
The Air Source Heat Pump shall be certificated in accordance with Microgeneration
Certification Scheme 007 and installed by an installation company certificated in accordance
with Microgeneration Installation Standard 3005 and in compliance with the calculation
procedure contained in Table 2 of Microgeneration Certification Scheme Planning Standards
(MCS 020), confirming that the permitted development noise limit of 42 dB LAeq, 5 mins will
be met.  
In addition, the Air Source Heat Pump shall be so enclosed, attenuated and/or maintained
such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300
hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any neighbouring
residential property, with all windows slightly open, when measured and/ or calculated and
plotted on a rating curve chart.

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M e m o r     
To Development Management & Building         
Standards Service Manager   
Your ref 24/01718/FLL 
Date  24/12/2024 
Communities
a n d u m 
From  Regulatory Services Manager     
Our ref  CHF 
Pullar House, 35 Kinnoull Street, Perth PH1 5GD
Consultation on an Application for Planning Permission
24/01718/FLL RE: Erection of dwellinghouse at Land 40 Metres South East Of
Calzieveg Braco Dunblane FK15 9RD for Mr James O'Mahoney And Mrs Samantha
Magee 
I refer to your letter dated 12 December 2024 in connection with the above application and
have the following comments to make. 
Contaminated Land 
Comments 
The proposed development appears to fall within a former sheepfold and agricultural
structures. The supporting statement submitted with the application also identifies the site as
a brownfield site for past agricultural use.   
Potentially there are a range of contaminants that could be present in agricultural land.  This
is particularly true of areas used as farmyards which may have contained a variety of
buildings that have been put to a number of uses.  Aside from the likely presence of made
ground any number of chemicals could have been used and potentially leaked or been
spilled. The risks associated with this remain difficult to quantify until there has been some
form of sampling and chemical analysis of the soils contained within the development area.
This will help determine the suitability of the site for the proposed development and whether
any measures are needed to mitigate against any risks that have been identified.  
Therefore, if planning permission is granted in respect of this development I would
recommend that the following condition is applied within the consent.  
Condition 
EH41
Prior to the commencement of works on site, an evaluation for the potential of the site to be
affected by contamination by a previous use should be undertaken and as a minimum, a
Preliminary Risk Assessment (Phase 1 Desk Study) will be submitted for consideration by
the Council as Planning Authority. If after the preliminary risk assessment identifies the need
for further assessment, an intrusive investigation should be undertaken to identify; 
I. the nature, extent and type(s) of contamination on the site 
II. measures to treat/remove contamination to ensure the site is fit for the use proposed 
III. measures to deal with contamination during construction works 
IV. condition of the site on completion of decontamination measures.

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Prior to the completion or bringing into use of any part of the development the agreed
measures to decontaminate the site shall be fully implemented as approved by the Council
as Planning Authority. Validation that the scheme has been fully implemented must also be
submitted to the Council as Planning Authority.

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Comments to the Development Management & Building Standards Service
Manager on a Planning Application
Planning
Application ref.
24/01718/FLL Comments
provided
by
Lucy Alston 
Service/Section Place Strategies  Contact
Details
Development Contributions Officer:
Lucy Alston
Email: 
DevelopmentContributions@pkc.gov.uk  
Description of
Proposal
Erection of dwellinghouse 
Address of site Land 40 Metres South East Of Calzieveg Braco Dunblane FK15 9RD 
Comments on the
proposal 
NB: Should the planning application be successful and such permission
not be implemented within the time scale allowed and the applicant
subsequently requests to renew the original permission a reassessment
may be carried out in relation to the Council’s policies and mitigation
rates pertaining at the time. 
THE FOLLOWING REPORT, SHOULD THE APPLICATION BE
SUCCESSFUL IN GAINING PLANNING APPROVAL, MAY FORM THE
BASIS OF A SECTION 75 PLANNING AGREEMENT WHICH MUST BE
AGREED AND SIGNED PRIOR TO THE COUNCIL ISSUING A PLANNING
CONSENT NOTICE. 
Primary Education   
With reference to the above planning application the Council Developer
Contributions Supplementary Guidance requires a financial contribution
towards increased primary school capacity in areas where a primary school
capacity constraint has been identified. A capacity constraint is defined as
where a primary school is operating at over 80% and is likely to be operating
following completion of the proposed development, extant planning
permissions and Local Development Plan allocations, at or above 100% of
total capacity. 
This proposal is within the catchment of Braco Primary School. 
Education & Children’s Services have no capacity concerns in this catchment
area at this time. 
Recommended
planning
condition(s) 
Summary of Requirements 
Education: £0 
Total: £0 
Recommended
informative(s) for
applicant 
Date comments
returned
03 January 2025

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Dr Douglas Robertson (Supports)
Comment submitted date: Fri 07 Feb 2025 
I am happy to support this planning application. Thre are three reasons for this.
Firstly, as I have been made very aware by the local meetings to examine the
proposed SSEN sub-station and related battery farm developments this local
community has a very aged profile. I am one of the youngest attending
<REDACTED> So creating a housing oppertunity for young people and their family
is very important. Secondly, as we all age it becomes more of a challenge to manage
our property. This is much harder where livestock is involved so having that support
to hand is critical. Thirdly, its also good to see housing return to this farm, given there
was a cottage here years back. That said, it is sad that next door in the adjacent
farm the farm house lies empty and decaying. New life in this place is thus most
welcome.

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Comments to the Development Quality Manager on a Planning Application
Planning
Application ref.
24/01718/FLL Comments
provided by
Katrina Walker
Service/Section Development Plans Contact
Details
Planning Officer 
Description of
Proposal
Erection of dwellinghouse
Address of site Land 40 Metres South East Of Calzieveg, Braco 
Comments on the
proposal 
Comments have been requested on Housing in the Countryside Policy
including NPF Policy 17: Rural Homes. The revised labour justification report
and a supporting planning statement submitted in July have been taken into
account in preparing the comments below. 
NPF Policy 17 a)v. supports new homes in rural areas where demonstrated
necessary to support the sustainable management of a viable rural business.
LDP2 Policy 19 and associated supplementary guidance also supports new
houses to support existing businesses. Although the NPF is the more recent
policy it is considered that this section of the LDP2 HiC policy is compatible
and provides additional detail. 
A previous application for a house on a different site but still associated with
the same business was refused and dismissed by LRB in 2016. At that time
the main enterprise on the farm was an equine breeding unit with hay
production for home use and sheep which came into the farm on a grazing
contract. In the decision notice the LRB concluded that the development
failed to satisfy the test in that the need for a key worker had not been
established. 
The revised Agricultural Labour Requirements Report states that the business
is being handed over to the current applicants who intend to develop a mixed
farming enterprise over the next 10 years. Both the applicants have jobs
outwith the farm but have extensive farming experience. In the short-term
both applicants intend continuing with their current employment. The Report
states that the business currently runs an equine sports horse business,
breeding high value brood mares. The Supporting Statement states that, in
addition to the equine breeding business, a livery yard has also been
established over the last 3 years. There is currently a sheep flock of seasonal
graziers, and the applicants intend introducing a breeding flock working
towards 250 breeding ewes over the next 3 years. In addition, there are plans
for 20 store cattle which will be on the farm 50% of the year, and 45 store
lambs which will be on the farm 60% of the year. 
Reference is made in the Statement to NPF Policy 17 which allows for the
principle of succession on a farm. The applicants wish to invest in the
business and build a property which will allow them to live on site with their

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young family. This will allow for succession of the farm without the current
owner having to vacate her long-term home. 
LDP2 SG clarifies that evidence to support a new house for a farm worker on
economic activity grounds should be in the form of a business appraisal
based on the labour hours for the existing farming operation. It must be
demonstrated that a new house is essential to the continued operation of the
farm for animal welfare reasons. The revised total labour units required is
stated as 3.21 which takes into account the differing standard man year
equivalents for agriculture (1900) and equestrian (2400). This includes 175
hours p/a on crops and grassland, in excess of 5,500 p/a on the equine
business, and around 1,500 p/a on livestock. 
It should be noted that the hours spent on crops and grassland would not
count towards the overall labour requirement, not being for animal welfare
purposes. Although there is a current grazing flock no labour hours appear to
have been apportioned to this – the livestock hours relate to proposed
livestock rather than existing. Given that there appears to be no existing
labour hours spent on livestock I cannot conclude that an additional house is
justified based on the labour hours for the existing farming operation. Even if
all the proposed livestock were in place this would only equate to 0.8 of a
labour unit. 
This leaves 5,587 hours p/a on the equine business currently consisting of 3
eventers, 1 dressage, 1 children’s pony, 4 youngstock, and 4 retired horses.
The requirement for the existing equine business is stated as 2.33 labour
units. This has been calculated with industry accepted standards which
account for the time required to manage a sports horse breeding
programme. There is scope within the NPF and LDP2 SG for a new house to
support a non-farming business where it is ‘demonstrated to be necessary to
support the sustainable management of a viable rural business or croft, and
there is an essential need for a worker….to live permanently at or near their
place of work’ ((NPF policy 17a)v). 
Whilst the NPF allows under criterion v. inclusion of those taking a majority
control, this is in relation to a farm business. Similarly, criterion vi. allows for
a single home for the retirement succession of a viable farm holding. Given
that planning permission is required for the change of use of land from
agricultural to equestrian, I consider it reasonable to assume that if such a
change of use has been made, or is required, then it is not a farm holding. I
do not therefore consider either of these instances can be taken into account
in the assessment of this proposal. 
There is clearly a need for someone to live on-site for animal welfare reasons,
and there is already a property associated with the business on-site occupied
by the current business owner which fulfils this requirement. The question is
whether there is an essential need for an additional worker or workers to
also live on-site.

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The existing business is not agricultural and whilst there are crops and
grassland associated with the business there is no indication of how much of
this is required for the horses and how much will be for the future livestock.
There is no provision for succession within the NPF for non-farming
businesses. Both the applicants have existing unrelated full-time jobs which
they intend to continue at least in the short term and ultimately there is no
absolute guarantee that the business will expand into farming-related
activities in the future. Whilst I acknowledge the conclusion of the labour
justification report that there is a requirement for 2.33 labour units
associated with the existing equine business, I am not of the view that this
translates to an essential need for an additional worker to live on-site. 
Recommended
planning
condition(s)
None 
Recommended
informative(s) for
applicant
None
Date comments
returned 16/7/25