(a) Notice of Review and supporting documents (Pages 95-146)
Perth and Kinross Council · 30 March 2026
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4(ii)(a) LRB-2025-29 LRB-2025-29 25/00967/IPL - Erection of a dwellinghouse (in principle), land 30 metres east of 5 Templehall, Longforgan, Dundee, DD2 5HS Papers Submitted by the Applicant
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REPORT OF HANDLING DELEGATED REPORT Ref No 25/00967/IPL Ward No P1- Carse Of Gowrie Due Determination Date 31st August 2025 Extended to 30th September 2025 Draft Report Date 25th September 2025 Report Issued by Claire Myles Date 25/9/25 PROPOSAL: Erection of a dwellinghouse (in principle) LOCATION: Land 30 Metres East Of 5 Templehall Longforgan Dundee DD2 5HS 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 seeks permission in principle for a dwellinghouse. The site (0.034ha or 340 sqm) is located in a rural hamlet, Templehall, south of Longforgan. On site is a disused lockup/double garage. The site was advertised for sale in 2024 and was the subject of a pre-application enquiry at the time. The site is in a long narrow area of amenity greenspace which presents as a green buffer between open fields to the north and the existing residential development at Templehall to the south. The application site is contained by a post and wire fence from the surrounding amenity greenspace. To the south of the site is an access road with the existing dwellinghouses at Templehall located on the south side of the road. There is a private access road to a farmhouse and stables (06/02184/FUL and 08/00461/FUL) between the area of greenspace/application site and the open fields (north) with a post and wire fence providing separation. An indicative site plan is presented with the application. This is an application to establish the principle of a residential development on the site and the design and layout, drainage and landscaping would be the subject of a further application.
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SITE HISTORY None. PRE-APPLICATION CONSULTATION Pre application Reference: 24/00185/PREAPL DEVELOPMENT PLAN The Development Plan for the area comprises National Planning Framework 4 (NPF4) and the Perth and Kinross Local Development Plan 2 (2019) (LDP2). National Planning Framework 4 The National Planning Framework 4 (NPF4) is the Scottish Government’s long-term spatial strategy with a comprehensive set of national planning policies. This strategy sets out how to improve people’s lives by making sustainable, liveable and productive spaces. NPF4 was adopted on 13 February 2023. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. The Council’s assessment of this application has considered the following policies of NPF4: Policy 1: Tackling the Climate and Nature Crises Policy 2: Climate Mitigation and Adaptation Policy 3: Biodiversity Policy 9: Brownfield, Vacant and Derelict Land and Empty Buildings Policy 13: Sustainable Transport Policy 14: Design, Quality and Place Policy 17: Rural Homes Policy 18: Infrastructure First Perth and Kinross Local Development Plan 2 – Adopted November 2019 The Local Development Plan 2 (LDP2) is the most recent statement of Council policy and is augmented by Supplementary Guidance. The principal policies are: Policy 1A: Placemaking Policy 1B: Placemaking Policy 5: Infrastructure Contributions Policy 19: Housing in the Countryside Policy 53B: Water Environment and Drainage: Foul Drainage Policy 53C: Water Environment and Drainage: Surface Water Drainage Policy 58A: Contaminated and Unstable Land: Contaminated Land Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals
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Statutory Supplementary Guidance Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2020) Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) Supplementary Guidance - Housing in the Countryside (adopted in 2020) Supplementary Guidance - Placemaking (adopted in 2020) OTHER MATERIAL CONSIDERATIONS Non-Statutory Guidance Planning Guidance - Planning & Biodiversity Supplementary Guidance - Renewable & Low Carbon Energy (draft) National Guidance The Scottish Government expresses its planning policies through, Planning Advice Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars. Planning Advice Notes The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: PAN 51 Planning, Environmental Protection and Regulation PAN 61 Planning and Sustainable Urban Drainage Systems PAN 68 Design Statements PAN 75 Planning for Transport PAN 77 Designing Safer Places Creating Places 2013 Creating Places is the Scottish Government’s policy statement on architecture and place. It sets out the comprehensive value good design can deliver. It notes that successful places can unlock opportunities, build vibrant communities and contribute to a flourishing economy and set out actions that can achieve positive changes in our places. Designing Streets 2010 Designing Streets is the policy statement in Scotland for street design and changes the emphasis of guidance on street design towards place-making and away from a system focused upon the dominance of motor vehicles. It was created to support the Scottish Government’s place-making agenda, alongside Creating Places.
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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. Local Place Plans Local Place Plans are community-led plans setting out proposals for the development and use of land and set out a community’s aspirations for its future development. The application site is not in an area with a Local Place Plan. CONSULTATION RESPONSES External Scottish Water - No objection. Scottish Water advise no wastewater infrastructure and there are live assets in proximity of the development area - 100mm AC water main. Perth and Kinross Heritage Trust - No objection. With respect to archaeology and the planning process, as outlined by NPF4, the proposed development does not raise any significant issues. No further archaeological mitigation is required in this instance. Internal Structures and Flooding - No objection - conditions recommended for SUDS details to be submitted. SEPA maps indicate that the site and access is out of the flood extent. Development Contributions Officer -This proposal is within the catchment of Longforgan Primary School. Education & Children’s Services have no capacity concerns in this catchment area at this time. Standard condition recommended for primary education infrastructure. Transportation and Development - initial response and request for more information on drainage provision in the site and boundary restrictions. Final response - no support. Indicative house arrangements have been provided, but no detail on the number of bedrooms or floor layout. The applicant is proposing a new vehicle access onto the adopted access road off the C484. The site is constrained and with the design of the site the applicant has not demonstrated that there will be sufficient space for parking on site. Environmental Health (Contaminated Land) - No objection subject to condition due to the potential for the site to have been impacted by contamination from the previous use of the site or due to the demolition of the former buildings, particularly if they contained asbestos materials.
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REPRESENTATIONS Number of representations received: 3. Three objections raise the following issues – Overlooking and loss of privacy Flooding and Drainage Traffic and congestion Single track road is not fit for more vehicles Constrained site with existing infrastructure Proposal does not respect local context, size of plot not in keeping with surrounding area This is not a derelict building and was recently in use Existing properties along this lane are characterised largely by traditional homes in substantial plots. This is a large build in a tiny plot adjacent to existing properties. A full habitat survey should be required for any building in this area to prevent further destruction of valuable habitat to local wildlife. Other issues raised – Loss of view – this is not a material planning consideration. Road condition – comments highlight the road is an adopted road and needs repair and this is not a matter for the planning application. The Council’s Roads Maintenance Team should be contacted. Additional Statements Received: Screening Opinion EIA Not Required Environmental Impact Assessment (EIA): Environmental Report Not Required Appropriate Assessment under Habitats Regulations Habitats Regulations / AA Not Required Design Statement or Design and Access Statement Submitted – Planning Statement Report on Impact or Potential Impact eg Flood Risk Assessment Not Required APPRAISAL Sections 25 and 37 (2) of the Town and Country Planning (Scotland) Act 1997 require that planning decisions be made in accordance with the development plan
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unless material considerations indicate otherwise. The Development Plan comprises NPF4 and the Perth and Kinross Local Development Plan 2019. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. In terms of other material considerations, involving considerations of the Council’s other approved policies and supplementary guidance, these are discussed below only where relevant. The determining issues in this case are whether; the proposal complies with development plan policy; or if there are any other material considerations which justify a departure from policy. Policy Appraisal The site lies out with a settlement boundary and the applicable policies in relation to the principle of development are NPF4 Policy 9 Brownfield, Vacant and Derelict Land and Empty Buildings and NPF4 Policy 17 Rural Homes and LDP2 Policy 19 Housing in the Countryside and the associated supplementary guidance. NPF4 Policy 9 a) supports development proposals that will result in the sustainable reuse of brownfield land including vacant and derelict land and buildings, whether permanent or temporary. In determining whether the reuse is sustainable, the biodiversity value of brownfield land which has naturalised should be taken into account. NPF4 Policy 9 states LDPs should set out opportunities for the sustainable reuse of brownfield land including vacant and derelict land and empty buildings. This is set out in LDP2 Policy 19 and the Housing in the Countryside Supplementary Guidance (2020). LDP2 Policy 19 and its associated supplementary guidance support proposals for the erection, or creation through conversion, of single houses and small groups of houses in the countryside which fall into at least one of the following categories: 1. Building Groups. 2. Infill sites. 3. New houses in the open countryside on defined categories of sites as set out in section 3 of the Supplementary Guidance. 4. Renovation or replacement of houses. 5. Conversion or replacement of redundant non-domestic buildings. 6. Development on rural brownfield land In this instance categories 1 and 5 are relevant. In respect of Category 1, the small site is detached from the existing building group and is not integrated into the existing layout and building pattern. The proposal will detract from the visual amenity of the building group, and it has not been demonstrated that a high standard of residential amenity will be provided for both
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existing and the new dwellinghouse. The proposal does not satisfy the requirements of Category 1. In respect of Category 5, this is relevant as the site contains a lockup/double garage, a redundant non-domestic building. This category does not support the replacement of non-traditional non-domestic buildings with housing creating a residential use where one previously did not exist. The proposal does not satisfy the requirements of Category 5. The Supplementary Guidance states proposals should comply with LDP2 Policy 1 Placemaking. The scale, layout and design of the proposal must be appropriate to, and have a good fit with, the landscape character of the area in which it is located. It must demonstrate a specific design approach that not only integrates the development within its setting but also enhances the surrounding environment. Buildings should be sympathetic in terms of scale and proportion to other buildings in the locality. In this respect, the application site does not have long established, identifiable boundaries and a level of enclosure provided by natural features; it is not integrated into the existing layout and building pattern in Templehall and the plot is well below the large plot sizes in the building group. The site is located on an area of amenity greenspace which presents as a green buffer between the existing dwellinghouses and the private access road and agricultural land. The proposal would impact the setting and amenity of the existing residential development. The proposal does not satisfy LDP2 Policy 1. NPF4 Policy 17 promotes the development of high quality, affordable and sustainable homes in the right locations. Policy 17 a) supports proposals for new homes in rural areas where the development is suitably scaled, sited and designed to be in keeping with the character of the area and the development meets a range of criteria. Criteria ii) supports the reuse of brownfield land where a return to a natural state has or will not happen without intervention. Notwithstanding criteria ii), the proposal is not suitably scaled, sited and designed to be in keeping with the character of the area and therefore does not meet the requirement for development proposals set out in Policy 17 a). Brownfield NPF4 Policy 9 states LDPs should set out opportunities for the sustainable reuse of brownfield land including vacant and derelict land and empty buildings. As this is a rural site, this is set out in LDP2 Policy 19 and the Housing in the Countryside Supplementary Guidance (2020). In line with NPF4 Policy 17, the Council’s approach to rural housing is set out in LDP2 Policy 19 and associated Supplementary Guidance. For brownfield sites the Supplementary Guidance states these are sites which have been previously developed in some way. NPF4 expands on this and defines it as ‘Land which has previously been developed. The term may cover vacant or derelict land, land occupied by redundant or unused buildings and developed land within the settlement boundary where further intensification of use is considered acceptable.’
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The Supplementary Guidance splits brownfield into: sites which still contain buildings, and sites which used to have buildings but those buildings have been removed. Proposals for brownfield sites which still contain buildings will be considered under category 4 (renovation or replacement of houses) or 5 (conversion or replacement of redundant traditional non-domestic buildings). Proposals for brownfield sites where buildings have been removed will be considered under category 6 – this category is not relevant to the application. As noted previously in the report, Category 5 is relevant as the site contains a lockup/double garage, a redundant non-domestic building. This category does not support the replacement of non-traditional non-domestic buildings with housing creating a residential use where one previously did not exist. The removal of a poorly maintained lockup/garage to enable development of a dwellinghouse does not satisfy the requirements of Category 5. NPF4 Policy 9 a) supports development proposals that will result in the sustainable reuse of brownfield land including vacant and derelict land and buildings, whether permanent or temporary. In determining whether the reuse is sustainable, the biodiversity value of brownfield land which has naturalised should be taken into account. In respect of this policy, the application has not demonstrated that the building could not be regenerated or brought back into use as a double garage/lockup or the site used as greenspace as part of the wider area. The representations highlight the building was recently in use and it is noted that there is a similar styled lockup on the south side of the access road. The sustainable reuse of the land and buildings has not been fully realised as required by NPF4 Policy 9 a). Design and Layout The representations highlight the existing properties are characterised largely by traditional homes in substantial plots. These range from 1000 sqm - 1880 sqm. The site is detached from the existing building group and at 340 sqm is well below the size of the surrounding plots. The design, density and siting does not respect the character and amenity of the place. Given the size of the site an indicative plan was submitted during the application process to show a soakaway or septic tank/private wastewater treatment plant could be accommodated in the curtilage of the site (Drawing 06). These are required to be accommodated on the site such that both the soakaway and the wastewater treatment plant is greater than 5 metres from a building, the public road boundary and the boundary of the site. Car parking and turning facilities have also to be provided together with access for desludging a private wastewater treatment plant and septic tank. This is a constrained site and the application has not demonstrated there is sufficient space for parking and turning facilities in the curtilage of the site. Concern is raised in the representations about the loss of privacy and overlooking from the proposed development with windows of existing dwellinghouses providing outlook to the open fields. Given the location and constraints of the site there is potential for the proposed development to impact existing residential amenity.
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The site is in a long narrow area of amenity greenspace which is grassed over with some trees on the south boundary. The greenspace is separated from a private access road by a post and wire fence on the north boundary. As viewed on historic aerial photos this area was formerly part of the open field to the north. The area presents as a green buffer between the existing dwellinghouses and the private access road and open fields. If approved the proposal could set an unwelcome precedent for further development and erosion of this green buffer. The proposed development would detract from the visual amenity of the existing building group when viewed from the wider landscape. In respect of NPF4 Policy 14, the proposal is poorly designed and inconsistent with the six qualities of successful places. The design, density and siting of the proposed development does not respect the character and amenity of the place and is contrary to LDP2 Policy 1A and 1B Placemaking. Roads and Access The applicant is proposing a new vehicle access onto the adopted access road off the C484. The representations raise issues with the single-track road and highlight that this is not fit for more vehicles as a result of the proposed development. Transport Planning noted in their initial consultation response the small nature of the plot and asked for a plan to show a soakaway or septic tank/private wastewater treatment plant could be provided. This should be accommodated on the site such that both the soakaway and the wastewater treatment plant is greater than 5 metres from the public road boundary and also the boundary of the site. An amended indicative site layout was submitted to show this (Drawing 06). The site is constrained and the applicant has not demonstrated that there will be sufficient space for parking and turning facilities in the curtilage of the site. Transport Planning confirm they are not in a position to support this application. The application does not satisfy LDP2 Policy 60B (c). Drainage and Flooding The representations highlight flood risk. The Council’s Flooding Team have no objection to the proposal as SEPA maps indicate that the site and access is out of the flood extent. An FRA is therefore not required. The Flooding Team recommend conditions for full drainage details to be submitted for review and written approval by the Council as Planning Authority. This can be conditioned for submission with a further application. Natural Heritage and Biodiversity Historic aerial photos show the wider area of greenspace was created at the time the private access road was developed on the north boundary, sometime between 2006- 2009. The aerial photography shows the site laid to grass with trees on the boundary with more recent images showing vegetation removal around the application site and
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the wider area has seen some tree removal. The representations report tree removal in the wider area. The lockup building is unlikely to have bat roosts therefore a Bat Survey Report is not required as confirmed by the Council’s Biodiversity Officer. A representation considered a full habitat survey should be required for any building in this area to prevent further destruction of valuable habitat to local wildlife. There is no evidence of protected species within the site and wider area. If required however this could secured by planning condition and submitted with a further application. NPF4 Policy 3 requires local development to include appropriate measures to conserve, restore and enhance biodiversity, in accordance with national and local guidance. Measures should be proportionate to the nature and scale of development. This could be secured by planning condition. Contamination The Council’s Contaminated Land Officer notes in their consultations response that historic mapping shows other buildings were present on the site in the past. It is unknown what these buildings were used for and what materials were within the fabric of the building. The Contaminated Land Officer has no objection subject to a standard condition for further reporting to be submitted for review and written approval by the Council as Planning Authority prior to work commencing on site. This is due to the potential for the site to have been impacted by contamination from the previous use of the site or due to the demolition of the former buildings, particularly if they contained asbestos materials. This can be secured by planning condition. Material Considerations Representations The three objections raise valid material planning issues. The issues raised have been considered in the assessment of the application. There are no material considerations to support the application. The proposal is considered to be contrary to the Development Plan. Developer Contributions This proposal is within the catchment of Longforgan Primary School. As this is an in principle application a standard condition is recommended for primary education infrastructure in line with NPF4 Policy 18 and LDP2 Policy 5. Economic Impact The economic impact of the proposal is likely to be minimal. VARIATION OF APPLICATION UNDER SECTION 32A This application was not varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended.
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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. Conditions and Reasons 1. The proposal is contrary to Policy 17 Rural Homes of the National Planning Framework 4 (2023) as it would not be suitably scaled, sited and designed to be in keeping with the character of the area as required by NPF4 Policy 17 a). 2. The proposal is contrary to Policy 9 Brownfield, Vacant and Derelict Land and Empty Buildings of the National Planning Framework 4 (2023) as the application has not demonstrated that the building could not be regenerated and brought back into use or the site used as greenspace as part of the wider area. The sustainable reuse of the land and buildings has not been fully realised as required by NPF4 Policy 9 a). 3. 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 (March 2020) as it does not meet any of the criteria within the categories set out in the Supplementary Guidance. The site does not have long established, identifiable boundaries and a level of enclosure provided by natural features. The site is not integrated into the existing layout and building pattern of the building group. The scale, layout and design of the proposal does not respect the character, scale and form of the surrounding area. The Supplementary Guidance does not support the replacing of unsightly and or poorly maintained non-traditional non-domestic buildings with housing creating a residential use where one previously did not exist. 4. The proposal is contrary to Policy 14 Design, Quality and Place of the National Planning Framework 4 (2023) and Policy 1A and 1B Placemaking of the Perth and Kinross Local Development Plan 2 (2019). The proposal is poorly designed and inconsistent with the six qualities of successful places. The design, density and siting does not respect the character and amenity of the place.
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5. The site is constrained and the applicant has not demonstrated that there will be sufficient space for parking and turning facilities in the curtilage of the site. The application does not satisfy Policy 60B (c) of the Local Development Plan 2 (2019). 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. Procedural Notes Not Applicable. PLANS AND DOCUMENTS RELATING TO THIS DECISION 01 02 05 06
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