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Minute of meeting of 18 March 2024

Perth and Kinross Council · 15 April 2024
Back to Local Review Body — 15 April 2024 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
18 March 2024. 
Present: Councillors B Brawn, I James and R Watters. 
In Attendance: L Tierney (Planning Adviser), G Fogg, (Legal Adviser) and J Guild
(Democratic Governance Officer) (all Corporate and Democratic Services). 
Also Attending: A Brown and R Ramsay (both Corporate and Democratic Services) and
C McLaren (Communities). 
1. WELCOME 
Councillor Brawn welcomed all present to the meeting. 
2. DECLARATIONS OF INTEREST 
No Declarations of Interest were made in terms of the Councillors Code of Conduct. 
3. MINUTES 
The minute of meeting of the Local Review Body of 12 February 2024 was
submitted and noted. 
4. APPLICATIONS FOR REVIEW 
(i) LRB-2023-58
Review of Condition 3 on Planning Permission 23/01202/FLL (Change
of use of builder’s yard to form extension to garden ground and
erection of link extension between dwellinghouse and outbuilding (in
part retrospect), Woodstock, Dinnie’s Lane, Comrie, Crieff PH6 2DR) –
Ms S Hawkins 
Members considered a Notice of Review seeking a review of the decision by
the Appointed Officer on Condition 3 of Planning Permission 23/01202/FLL
(Change of Use of builder’s yard to form extension to garden ground and
erection of link extension between dwellinghouse and outbuilding (in part
retrospect), Woodstock, Dinnie’s Lane, Comrie, Crieff PH6 2DR). 
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:

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(ii) the review application for Condition 3 on Planning Permission
23/01202/FLL (Change of Use of builder’s yard to form extension to
garden ground and erection of link extension between dwellinghouse
and outbuilding (in part retrospect), Woodstock, Dinnie’s Lane,
Comrie, Crieff PH6 2DR) be refused and Condition 3 remains as
follows:
3.  Development shall not commence on site until an evaluation
for the potential of the site to be affected by contamination by a
previous use has been undertaken and, as a minimum, a
Preliminary Risk Assessment (Phase 1 Desk Study) has been
submitted for consideration and accepted by the Council as
Planning Authority.  If the Preliminary Risk Assessment
identifies the need for further assessment, an intrusive
investigation shall be undertaken to identify:
I.  the nature, extent and type(s) of contamination on site
II.  measures to treat/remove contamination to ensure the
site is fit for the use proposed
III. measure to deal with contamination during construction
works
IV.  condition of the site on completion of contamination
measures
Prior to the completion or bringing into use any part of the
development the measures to decontaminate the site shall be
fully implemented in accordance with the scheme subsequently
agreed by the Council as Planning Authority.  Verification that
the scheme has been fully implemented must also be
submitted to the Council as Planning Authority.
Reason – In order to deal with any potential contamination of
the site as a result of its former use. 
Justification
The proposal is not in accordance with the Development Plan and
there are no material reasons which justify departing from the
Development Plan. 
(ii) LRB-2023-59
Planning Application – 23/01495/FLL – Change of use from flat to short
term let accommodation unit (in retrospect), 5 Garry Place, Toberargan
Road, Pitlochry PH16 5AH – Mr and Mrs Horne 
Members considered a Notice of Review seeking a review of the decision by
the Appointed Officer to refuse change of use from flat to short term let
accommodation unit (in retrospect), 5 Garry Place, Toberargan Road,
Pitlochry PH16 5AH.   
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

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before the Local Review Body to determine the matter without further
procedure.
Thereafter, resolved by majority decision that:
(ii) the review application for change of use from flat to short term let
accommodation unit (in retrospect), 5 Garry Place, Toberargan Road,
Pitlochry PH16 5AH, be refused for the following reasons:
1. The proposed retrospective change of use is contrary to Policy
30(e): Tourism of National Planning Framework 4 (2023) as
the proposal would result in:
i. An unacceptable impact on local amenity and character of
the area, and
ii. The loss of residential accommodation where such loss is
not outweighed by demonstratable local economic
benefits
2. The proposal is contrary to National Planning Framework 4
(2023) Policy 14(c): Design, Quality and Place and Perth and
Kinross Local Development Plan 2 (2019), Policy 1A
Placemaking and Policy 17 (d) Residential Areas as the short
term let accommodation would adversely impact on the
amenity of neighbouring residents and the short term let use
would not be compatible with the amenity and character of the
surrounding, predominantly residential, area. 
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
Councillor James dissented from the majority opinion.  He considered that,
given the circumstances of the property owners, it is unlikely the property
would be placed on the open market for sale and contribute to availability of
residential accommodation in the area, and would have granted the review. 
(iii) LRB-2023-60
Planning Application – 23/01079/FLL – Change of use of flat to form
short term let accommodation unit (in retrospect), 4 Monart Road,
Perth PH1 5UQ – Mrs M Deans 
Members considered a Notice of Review seeking a review of the decision by
the Appointed Officer to refuse change of use of flat to form short term let
accommodation unit (in retrospect), 4 Monart Road, Perth PH1 5UQ. 
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.

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(ii) Development Management to review and comment on the proposal in
conjunction with the new Non-Statutory Planning Guidance on
Change of Use of Residential Property to Short-Term Let. 
(iii) The applicant to review and comment on the response from
Development Management as per (ii) above and in conjunction with
the new Non-Statutory Planning Guidance on Change of Use of
Residential Property to Short-Term Let. 
(iv) Following receipt of all information and responses, the application be
brought back to a future meeting of the Local Review Body, along
with a copy of the Non-Statutory Planning Guidance on Change of
Use of Residential Property to Short-Term Let. 
(iv) LRB-2023-61
Planning Application – 23/01091/FLL – Change of use from flat to short
term let accommodation (in retrospect), 14 Monart Road, Perth PH1
5UQ – Mrs M Deans 
Members considered a Notice of Review seeking a review of the decision by
the Appointed Officer to refuse change of use from flat to short term let
accommodation (in retrospect), 14 Monart Road, Perth PH1 5UQ. 
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) Development Management to review and comment on the proposal in
conjunction with the new Non-Statutory Planning Guidance on
Change of Use of Residential Property to Short-Term Let. 
(iii) The applicant to review and comment on the response from
Development Management as per (ii) above and in conjunction with
the new Non-Statutory Planning Guidance on Change of Use of
Residential Property to Short-Term Let. 
(iv) Following receipt of all information and responses, the application be
brought back to a future meeting of the Local Review Body, along
with a copy of the Non-Statutory Planning Guidance on Change of
Use of Residential Property to Short-Term Let. 
(v) LRB-2024-01
Planning Application – 23/01433/FLL – Change of use of flat to form
short term let accommodation (in retrospect), Park Gardens, 26 Well
Brae, Pitlochry PH16 5HH – Mr M Langer 
Members considered a Notice of Review seeking a review of the decision by
the Appointed Officer to refuse change of use of flat to short term let
accommodation (in retrospect), Park Gardens, 26 Well Brae, Pitlochry PH16
5HH.

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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 change of use of flat to short term let
accommodation (in retrospect), Park Gardens, 26 Well Brae, Pitlochry
PH16 5HH be granted subject to the imposition of relative terms,
conditions and informatives.   
Justification
Members considered that given the siting of a Youth Hostel in close
proximity to the property, and other Short Term Let accommodation present
within the same building, amenity is already impacted and therefore not a
relevant consideration in this case. 
(vi) LRB-2024-03
Planning Application – 23/01423/FLL – Change of use of flat to form
short term let accommodation unit (in retrospect), Upper South Flat,
Annesley Cottage, Aberfeldy PH15 2AU – Ms J Birse 
Members considered a Notice of Review seeking a review of the decision by
the Appointed Officer to refuse change of use of flat to form short term let
accommodation unit (in retrospect), Upper South Flat, Annesley Cottage,
Aberfeldy PH15 2AU. 
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) Development Management to review and comment on the proposal in
conjunction with the new Non-Statutory Planning Guidance on
Change of Use of Residential Property to Short-Term Let. 
(iii) The applicant to review and comment on the response from
Development Management as per (ii) above and in conjunction with
the new Non-Statutory Planning Guidance on Change of Use of
Residential Property to Short-Term Let. 
(iv) Following receipt of all information and responses, the application be
brought back to a future meeting of the Local Review Body, along
with a copy of the Non-Statutory Planning Guidance on Change of
Use of Residential Property to Short-Term Let.

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5.  DEFERRED APPLICATIONS FOR REVIEW 
(i) LRB-2023-36
Planning Application – 23/00962/FLL – Change of use of flat to short
term let accommodation unit (in retrospect), 21 Raeburn Park, Perth
PH2 0ER – Mr and Mrs Hall 
Members considered a Notice of Review seeking a review of the decision by
the Appointed Officer to refuse change of use of flat to short term let
accommodation unit (in retrospect), 21 Raeburn Park, Perth PH2 0ER. 
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. 
It was noted that, at its meeting of 16 November 2023, the Local Review
Body resolved that insufficient information was before them to determine the
application without (i) Development Management to review and comment on
the proposal in conjunction with the new Non-Statutory Planning Guidance
on Change of Use of Residential Property to Short-Term Let, (ii) the
applicant to review and comment on the response from Development
Management as per (i) above and in conjunction with the new Non-Statutory
Planning Guidance on Change of Use of Residential Property to Short-Term
Let.  With the requested information provided, the Local Review Body
reconvened. 
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 change of use of flat to short term let
accommodation unit (in retrospect), 21 Raeburn Park, Perth PH2
0ER, be refused for the following reasons: 
1. The proposed retrospective change of use is contrary to Policy
30, Tourism (e) of National Planning Framework 4 (2023) as
the proposal will result in:
I. An unacceptable impact on local amenity and character
of the area; and; 
II. The loss of residential accommodation where such loss
is not outweighed by demonstratable local economic
benefits.
2. Due to the shared entry arrangements and the flatted nature of
the property, the proposal would result in an increased
potential for noise nuisance and general disturbance to occur
that would impact adversely on the character and amenity of
the local area, particularly the residential amenity of those
living permanently in the residential block.  The proposal is
therefore contrary to National Planning Framework 4 (2023)
Policy 14(c): Design, Quality and Place and Perth and Kinross
Local Development Plan 2 (2019) Policies 1A Placemaking

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and Policy 17(d) Residential Areas which all seek to safeguard
residential amenity and ensure that proposals contribute
positively to the surrounding environment. 
Justification
The proposal is not in accordance with the Development Plan and
there are no material reasons which justify departing from the
Development Plan. 
(ii) LRB-2023-37
Planning Application – 23/00581/FLL – Change of use of flat to form
short term let accommodation unit, Flat 4, 38 Bonnethill Road,
Pitlochry PH16 5BS – Ms L Currie 
Members considered a Notice of Review seeking a review of the decision by
the Appointed Officer to refuse change of use of flat to form short term let
accommodation unit, Flat 4, 38 Bonnethill Road, Pitlochry PH16 5BS   
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. 
It was noted that, at its meeting of 16 November 2023, the Local Review
Body resolved that insufficient information was before them to determine the
application without (i) Development Management to review and comment on
the proposal in conjunction with the new Non-Statutory Planning Guidance
on Change of Use of Residential Property to Short-Term Let, (ii) the
applicant to review and comment on the response from Development
Management as per (i) above and in conjunction with the new Non-Statutory
Planning Guidance on Change of Use of Residential Property to Short-Term
Let.  It was further noted that the planning officer who dealt with the original
application had advised the Clerk to the PKLRB that, having regard to the
Non-Statutory Guidance, he now supported the granting of the application.
With the requested information provided, the Local Review Body
reconvened. 
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 change of use of flat to form short term let
accommodation unit, Flat 4, 38 Bonnethill Road, Pitlochry PH16 5BS,
be granted subject to the imposition of relevant terms, conditions and
informatives:
1. This planning permission will last only for three years from the
date of the decision notice, unless the development has been
lawfully started within that period. 
Reason – this is a Planning Permission in terms of Section 58
of the Town and Country Planning (Scotland) Act 1997, as
amended by Section 32 of the Planning (Scotland) Act 2019.

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2. The development hereby approved must be carried out in
accordance with the approved drawings and documents,
unless otherwise provided for by conditions imposed by the
decision notice. 
Reason – To ensure the development is carried out in
accordance with the approved drawings and documents.
3. The development hereby approved shall be used solely as a
short term let accommodation, and shall not be occupied as
the sole or main residence of any occupant.
Reason – In order to clarify the terms of this planning
permission. 
Informatives
Part of the approved development includes holiday accommodation or
Short term Let accommodation (STL).  The developer is advised that
holiday accommodation and STLs require to be licensed under the
terms of Article 3 of the Civic Government (Scotland) Act 1982
(Licensing of Short Term Lets) Order 2021 and therefore a licence
application should be made to Perth and Kinross Council prior to
operation commencing.  Further information and application forms are
available at https://www.pkc.gov.uk/shorttermlets
(iii) LRB-2023-38
Planning Application – 23/00636/FLL – Siting of 3 accommodation units
and a laundry/storage unit for use as short term letting or workers
accommodation, and associated works (in retrospect), land 170 metres
north east of Keepers Cottage, Amulree, Dunkeld – Culfargie Estates &
Tay and Torridon Estates 
Members considered a Notice of Review seeking a review of the decision by
the Appointed Officer to refuse siting of 3 accommodation units and a
laundry/storage unit for use as short term letting or workers accommodation,
and associated works (in retrospect), land 170 metres north east of Keepers
Cottage, Amulree, Dunkeld. 
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. 
It was noted that, at its meeting of 18 December 2023, the Local Review
Body resolved that insufficient information was before them to determine the
application without (i) the applicant to produce a business plan as per the
requirements of Policy 8: Rural Business and Diversification of the Perth and
Kinross Local Development Plan 2 (2019), including a monthly breakdown
detailing seasonal worker versus tourist use of the accommodation and (ii)
Development Management to review and comment on the business plan
provided.  With the requested information provided, the Local Review Body
reconvened. 
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

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before the Local Review Body to determine the matter without further
procedure.
Thereafter, resolved by majority decision that:
(ii) the review application for siting of 3 accommodation units and a
laundry/storage unit for use as short term letting or workers
accommodation, and associated works (in retrospect), land 170
metres north east of Keepers Cottage, Amulree, Dunkeld, be refused
for the following reasons:
1. The proposal is contrary to Policies 14(c): Design, quality and
place and 29(b): Rural Development of National Planning
Framework 4 and Placemaking Policies 1A and 1B (parts b, c
and d) of the Perth and Kinross Council Local Development
Plan 2 (2019) as the development does not respect the
character and amenity of the place in which it is located.  The
development lacks an established landscape framework and is
poorly related in terms of form, design of layout to the existing
buildings or surrounding environment it would as a result,
appear visually incongruous and out of keeping within the
wider landscaped setting. 
2. The proposal is contrary to Policy 29(a): Rural Development of
National Planning Framework 4 and Policy 8 Rural Business
and Diversification of the Perth and Kinross Council Local
Development Plan 2 (2019) as the proposal does not relate to
the expansion of an existing business and fails to demonstrate
tat the site presents a site-specific site resource or opportunity. 
The proposal has also failed to satisfactorily demonstrate how
it will improve the quality of new or existing tourism facilities,
allow a new market to be exploited, or extend the tourism
season or that the development can be satisfactorily
accommodated within the landscape capacity of the site.
3. The proposal is contrary to Policy 30(b): Tourism of National
Planning Framework 4 and Policy 9C: Chalets, Timeshare and
Fractional Ownership of the Perth and Kinross Council Local
Development Plan 2 (2019).  The proposal would not involve
expansion or replacement of existing tourist accommodation,
would be remote from sustainable transport options, would not
be compatible with the surrounding area and it has not been
satisfactorily demonstrated that the proposal meets a specific
need by virtue of its quality or location in relation to existing
tourism facilities. 
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
Councillor James dissented from the majority opinion.  He considered the
proposal would provide expansion of an existing business and diversification
of the area when not being used by workers.

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(iv) LRB-2023-43
Planning Application – 23/00466/FLL – Siting of a holiday
accommodation unit, formation of vehicular access and parking area
and associated landscaping, Land 30 metres south east of Fairygreen
Cottage, Kinrossie – Dunsinnan Farm and Estates 
Members considered a Notice of Review seeking a review of the decision by
the Appointed Officer to refuse siting of a holiday accommodation unit,
formation of vehicular access and parking area and associated landscaping,
Land 30 metres south east of Fairygreen Cottage, Kinrossie. 
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. 
It was noted that, at its meeting of 18 December 2023, the Local Review
Body resolved that insufficient information was before them to determine the
application without (i) the applicant to produce a business plan as per the
requirements of Policy 8: Rural Business and Diversification of the Perth and
Kinross Local Development Plan 2 (2019) and (ii) Development
Management to review and comment on the business plan provided.  With
the requested information provided, the Local Review Body reconvened. 
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 siting of a holiday accommodation unit,
formation of vehicular access and parking area and associated
landscaping, Land 30 metres south east of Fairygreen Cottage,
Kinrossie, be granted subject to the imposition of relevant conditions,
terms and informatives. 
Justification
Members considered that although the proposal is not in accordance with
the Development Plan, there is a requirement for economic development in
rural areas and requirements of business to expand and diversify, and
therefore unanimously granted the review.