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(a) Notice of Review and supporting documents (Pages 13-52)

Perth and Kinross Council · 8 July 2024
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4(i)(a) 
LRB-2024-19 
LRB-2024-19
23/01765/FLL - Erection of dwellinghouse, land 80 metres
south west of Gellybank Farm, Kinross 
PAPERS SUBMITTED
BY THE
APPLICANT

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Statement
Notice of Review 
Erection of a dwellinghouse on Land 80 Metres South West of Gellybank Farm
Kinross.
23/01765/FLL 
Introduction 
This Notice of Review is submitted following the refusal of detailed planning
permission 23/01765/FLL under delegated powers on the 16 January 2024 for the
erection of a dwellinghouse on land at Gellybank Farm. (Doc 1)
A previous detailed application at Gellybank for 2 dwellinghouses submitted by the
appellant, which included the Review application site, was refused in October 2022
under 22/01356/FLL.
It was considered by the Council in this previous refusal, that of the 2 plots, the north
plot’s northern boundary was not well established enough to contain the site, and this
was despite this boundary having the same boundary treatment (post and wire
fence) as the existing properties at Gellybank to the east.
As illustrated in Document 3 – Aerial Image the proposed plots in this previous
application represent a satisfactory extension of the existing building group at
Gellybank, with robust defensible boundaries to the south and west which would
satisfactorily contain the grouping.
The reasons for refusal for the Review application are outlined below, relating to the
principle of development and the Development Plan policies on Housing in the
Countryside and Rural Homes; in relation to residential amenity and Policy 60B
Transport Standards and Accessibility of the Perth and Kinross Local Development
Plan 2 (2019) and Policy 13 of NPF4 in relation to visibility splays from the site onto
the farm access track. 
The reasons for refusal were:- 
1. The proposal is contrary to Policy 19 Housing in the Countryside of the Perth and
Kinross Council Local Development Plan 2 (2019) and the associated Housing in the
Countryside Supplementary Guidance 2020 (SG) as the site is not part of an existing
building group and cannot be considered to extend the group into a definable site as
the landscaping which has been planted along the northern boundary appears to
have been planted with the sole purpose of creating a development site. The SG
explicitly states that "fencing or young trees or hedging planted with the specific

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intention of creating a site will not be accepted as existing landscape features for the
purposes of this Supplementary Guidance". The proposal also fails to meet any of
the other categories of development outlined in the SG. 
2. The proposal is contrary to Policy 9(b) of National Planning Framework 4 (NPF4)
as the proposal is on a greenfield site and is not explicitly supported by policies of
the Perth and Kinross Local Development Plan 2 (2019). The proposal also fails to
meet any of the categories of development allowed by Policy 17: Rural Homes of
NPF4. 
3. The proposal is contrary to Policies 1A, 19 and 56 of the Perth and Kinross
Council Local Development Plan 2 (2019) and Policies 14(c) and 23 of NPF4 which
seek to ensure that an appropriate level of residential amenity for proposed dwelling
is provided and states that there is a presumption against the siting of noise sensitive
land uses near sources of noise generation. There is some doubt as to the existing
level of use of the neighbouring livery yard and farm buildings and the noise
therefrom has the potential to impact detrimentally on the amenity of the proposed
dwelling and a lack of information, in the form of a noise impact assessment, has
been submitted to allow an assessment of this to be made. 
4. The proposal is contrary to Policy 60B Transport Standards and Accessibility of
the Perth and Kinross Local Development Plan 2 (2019) and Policy 13 of NPF4.
There is a requirement for a 33-metre visibility splay to be created at the access from
the site onto the private access. The existing hedge along the southern boundary of
the site severely restricts visibility at the access points into the site and no indication
of suitable visibility splays have been submitted. Furthermore, the hedge does not
appear to be located within the red line boundary and therefore it would appear that
it may not be in the control of the applicant. 
In this Review it will be demonstrated that the Review proposal is in accordance with
Housing in the Countryside Policy guidance; that there will be no adverse impact on
residential amenity and that the vehicular access to the site will not have a
detrimental impact on road safety. 
Planning Policy Context 
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).

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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 2: Climate Mitigation and Adaptation
Policy 3: Biodiversity
Policy 4: Natural Places
Policy 5: Soils
Policy 6: Forestry, Woodland and Trees
Policy 9: Brownfield, Vacant and Derelict Land and Empty Buildings
Policy 13: Sustainable Transport
Policy 14: Design, Quality and Place
Policy 15: Local Living and 20 Minute Neighbourhoods
Policy 16: Quality Homes
Policy 17: Rural Homes
Policy 22: Flood Risk and Water Management
Policy 23: Health and Safety 
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.

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The principal policies are:
Policy 1A: Placemaking
Policy 1B: Placemaking
Policy 2: Design Statements
Policy 5: Infrastructure Contributions
Policy 6: Settlement Boundaries
Policy 19: Housing in the Countryside
Policy 32: Embedding Low & Zero Carbon Generating Technologies in New
Development
Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development
Policy 41: Biodiversity
Policy 46A: Loch Leven Catchment Area
Policy 46B: Loch Leven Catchment Area
Policy 53B: Water Environment and Drainage: Foul Drainage
Policy 53C: Water Environment and Drainage: Surface Water Drainage
Policy 56: Noise Pollution
Policy 58A: Contaminated and Unstable Land: Contaminated Land
Policy 60B: Transport Standards and Accessibility Requirements: New Development
Proposals 
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 - Housing in the Countryside (adopted in 2020)
- Supplementary Guidance - Landscape (adopted in 2020)
- Supplementary Guidance - Placemaking (adopted in 2020) 
OTHER POLICIES 
Non-Statutory Guidance

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- Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC
and the River Tay SAC
- Planning Guidance - Planning & Biodiversity 
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.   
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
 PAN 61 Planning and Sustainable Urban Drainage Systems
 PAN 68 Design Statements
 PAN 69 Planning and Building standards Advice on Flooding
 PAN 75 Planning for Transport
 PAN 77 Designing Safer Places 
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. 
Reason for Refusal and Grounds of the Review 
The main issues will be considered below in the applicant’s statement and argument
against the reasons for refusal in support of the Review. 
The Review proposal represents a satisfactory extension of an existing building
group in accordance with Housing in the Countryside Policy Guidance

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The Review site for a single dwellinghouse is a definable site and has good
containment with well-established boundaries on all sides. The southern boundary is
defined by a road, the western boundary is defined by the rising slope of the land
and existing mature planting. The northern boundary has established tree planting
along it, and to the east there is the existing building group. (see Photos 1-5) 
In the Delegated Report (Doc 2) it was stated that:-
“It is the view of the case officer that the planting along the northern boundary
appears to have been formed with the purpose of creating a site.  The planting
running along the northern boundary of the application site is at almost exactly the
same east-west line as the plots to the east and there does not appear to be any
purpose for this landscaping other than to create a boundary for the application site. 
This is the same concern which was identified with the northern boundary on the
application for two plots which was refused in 2022.  The SG goes on to provide
examples of where the extension of a building group can be accepted.  In this case it
is considered that planting has been formed in recent past along the northern
boundary which appears to be with the specific intention of creating a site which is
exactly what the SG seeks to avoid”.   
The planting to the north boundary was to re-enforce the enclosure of the Review
site which already had strong defensible boundaries on all other sides. 
This planting was carried out in late 2017. It was not carried out specifically to create
a housing site as it was considered that there was already a potential plot on this site
with long- and well-established boundaries to the west, south and east formed by
existing topography, roads or well-established features.
As indicated in Document 3 – Aerial Image, the Review site represents an
acceptable extension of the existing building group at Gellybank and this is apparent
when viewed on site.
It is considered that the Review proposal is in accordance with NPF 4 Policy 17:
Rural Homes, where new homes in rural areas will be supported where the
development is suitably scaled, sited and designed to be in keeping with the
character of the area. The proposed scale, design and siting of the dwellinghouse
will not have any detrimental impact on the character or appearance of the
countryside at Gellybank.
The Review proposal is considered to be an acceptable extension of an existing
building group at Gellybank, in accordance with Policy 19 of the adopted local plan
and Perth and Kinross Council Housing in the Countryside Supplementary Guidance
2020

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There will be no adverse impact on residential amenity. 
There were issues raised by the Council on the issue of neighbouring noise
generation from Fasgadh to the east of the Review site, stating:-
The existing use of the adjacent farm and livery yard and the noise therefrom has the
potential to impact detrimentally on the amenity of the proposed dwellings and a lack of
information, in the form of a noise impact assessment, has been submitted to allow an
assessment of this to be made. 
The appellant has clarified the status of the neighbouring farm and livery and has
stated that:-
“The previously granted planning permission for the Livery & Stables at the
neighbouring property is no longer in use by the new owners and they have done
away with this use. 
With regard to the issue about noise pollution from the working farm this is incorrect
as the previous owner and the new owner do not use this as a working farm as
previously stated.” 
In an objection from the neighbour at Fasgadh to the Review application it was
stated by the neighbour, Mrs Freer that:- 
“Whilst it is correct that it is no longer a working farm or livery the buildings are in
regular and increasing use for engineering work as well as for private equestrian
use. As a result, the noise levels will be similar to that of any working farm or livery.” 
As confirmed by Fasgadh the previously consented farm and livery uses at this
property are no longer in use. There is no planning consent however for engineering
works (Class 5) to be carried out at Fasgadh. The previous consents at this location
were permitted on the basis that they would not impact on the existing neighbouring
residential amenity to the east. 
The Review application for a single dwellinghouse to the west therefore would not
prejudice the consented uses at Fasgadh.
The Class 5 use being carried out at Fasgadh is potentially non-conforming and
unauthorised, and planning consent would be required for this engineering operation.
Any application for Class 5 use would also require a Noise Impact Assessment to
establish any detrimental impact on surrounding residential amenity.
It is clear therefore that on the basis outlined above, the Review proposal is not
contrary to Policies 1A, 19 and 56 of the Perth and Kinross Council Local
Development Plan 2 (2019) and Policies 14(c) and 23 of NPF4 in terms of residential
amenity and the onus would be on the neighbour to submit an application and NIA
for any unauthorised use currently being carried out at Fasgadh.

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The vehicular access to the site will not have a detrimental impact on road safety 
In terms of the visibility splay from the site onto the farm access, this splay can be
achieved as indicated in Doc 4 and it is within the appellant’s landownership for this
splay to be implemented, as shown in the Landownership Plan which was submitted
with the Review application. 
The Review proposal therefore is not contrary to Policy 60B Transport Standards
and Accessibility of the Perth and Kinross Local Development Plan 2 (2019) and
Policy 13 of NPF4. 
Other Planning Considerations 
As indicated in the Delegated Report there are no objections to the Review proposal
from the main consultees in terms of Design & Layout, Flood Risk and Phosphorous
Mitigation. 
Conclusions 
In conclusion it is considered that:-
 The Review proposal represents a satisfactory extension of an existing
building group in accordance with Housing in the Countryside Policy
Guidance
 There will be no adverse impact on residential amenity.
 The vehicular access to the site will not have a detrimental impact on road
safety 
For the reasons outlined above it is considered that the Review proposal for a single
dwellinghouse is acceptable and it is respectfully requested that the Review is
upheld.

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Page 1 of 3 
Mr Darren Stewart
c/o Mark Williamson
34 Hermitage Drive
Perth
PH1 2SY 
Pullar House
35 Kinnoull Street
PERTH  
PH1  5GD 
Date of Notice: 16th January 2024 
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 
Application Reference: 23/01765/FLL 
I am directed by the Planning Authority under the Town and Country Planning (Scotland)
Acts currently in force, to refuse your application registered on 14th November 2023 for
Planning Permission for Erection of dwellinghouse Land 80 Metres South West Of
Gellybank Farm Kinross.   
David Littlejohn
Strategic Lead (Economy, Development and Planning) 
Reasons for Refusal 
1.  The proposal is contrary to Policy 19 Housing in the Countryside of the Perth and Kinross
Council Local Development Plan 2 (2019) and the associated Housing in the Countryside
Supplementary Guidance 2020 (SG) as the site is not part of an existing building group and
cannot be considered to extend the group into a definable site as the landscaping which
has been planted along the northern boundary appears to have been planted with the sole
purpose of creating a development site. The SG explicitly states that "fencing or young
trees or hedging planted with the specific intention of creating a site will not be accepted as
existing landscape features for the purposes of this Supplementary Guidance". The
proposal also fails to meet any of the other categories of development outlined in the SG. 
2.  The proposal is contrary to Policy 9(b) of National Planning Framework 4 (NPF4) as the
proposal is on a greenfield site and is not explicitly supported by policies of the Perth and
Kinross Local Development Plan 2 (2019). The proposal also fails to meet any of the
categories of development allowed by Policy 17: Rural Homes of NPF4. 
3.  The proposal is contrary to Policies 1A, 19 and 56 of the Perth and Kinross Council Local
Development Plan 2 (2019) and Policies 14(c) and 23 of NPF4 which seek to ensure that
an appropriate level of residential amenity for proposed dwelling is provided and states that
there is a presumption against the siting of noise sensitive land uses near sources of noise
generation. There is some doubt as to the existing level of use of the neighbouring livery
yard and farm buildings and the noise therefrom has the potential to impact detrimentally

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2
on the amenity of the proposed dwelling and a lack of information, in the form of a noise
impact assessment, has been submitted to allow an assessment of this to be made. 
4.  The proposal is contrary to Policy 60B Transport Standards and Accessibility of the Perth
and Kinross Local Development Plan 2 (2019) and Policy 13 of NPF4.  There is a
requirement for a 33 metre visibility splay to be created at the access from the site onto the
private access.  The existing hedge along the southern boundary of the site severely
restricts visibility at the access points into the site and no indication of suitable visibility
splays have been submitted.  Furthermore, the hedge does not appear to be located within
the red line boundary and therefore it would appear that it may not be in the control of the
applicant. 
Justification 
The proposal is in accordance with the Development Plan and there are no material
reasons which justify departing from the Development Plan. 
Notes 
The plans and documents relating to this decision are listed below and are
displayed on Perth and Kinross Council’s website at www.pkc.gov.uk “Online
Planning Applications” page 
Plan Reference 
01 
02 
03 
04 
05 
06 
07 
08 
09 
10 
11 
12 
13

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1 
REPORT OF HANDLING 
DELEGATED REPORT 
Ref No 23/01765/FLL
Ward No P8- Kinross-shire
Due Determination Date 13th January 2024 
Draft Report Date 16th January 2024
Report Issued by JW Date 16 January 2024 
PROPOSAL:  Erection of dwellinghouse    
LOCATION:  Land 80 Metres South West Of Gellybank
Farm Kinross   
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 
Full planning permission is sought for the erection of a dwellinghouse on a site
to the west of a small group of rural buildings at Gellybank Farm in Kinross-
shire. 
This application is a follow up application following the refusal of two
dwellinghouses at this site in October 2022 (22/01356/FLL).  The current
application relates to the southern half of the refused site only. 
The application site sits at the western end of an existing group and is
accessed along an existing private access to the south east which also serves
further residential properties to the west.  This access is also to serve a
recently approved chalet development to the south (19/01648/AML).  The site
is defined by the access road to the south, some limited landscaping on the
western boundary with rising sloping topography beyond, existing residential
and farm/livery buildings to the east and some relatively recent planting to the
north. 
The proposal is to erect one dwelling fronting on the existing access at the
southern end of the site with a new parking, turning and access to the south
east.

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2 
The house is proposed to be a single storey bungalow with a relatively
shallow pitched roof and a north facing projection.  The finishing materials
include grey roof tiles, larch timber cladding and a smooth white render.  The
house is proposed to accommodate a lounge, kitchen, family room, bathroom
and three bedrooms. 
SITE HISTORY 
22/01356/FLL Erection of 2 dwellinghouses 6 October 2022 Application
Refused 
PRE-APPLICATION CONSULTATION 
Pre application Reference: None 
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 2: Climate Mitigation and Adaptation 
Policy 3: Biodiversity 
Policy 4: Natural Places 
Policy 5: Soils 
Policy 6: Forestry, Woodland and Trees 
Policy 9: Brownfield, Vacant and Derelict Land and Empty Buildings

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3 
Policy 13: Sustainable Transport 
Policy 14: Design, Quality and Place 
Policy 15: Local Living and 20 Minute Neighbourhoods 
Policy 16: Quality Homes 
Policy 17: Rural Homes 
Policy 22: Flood Risk and Water Management 
Policy 23: Health and Safety 
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 2: Design Statements 
Policy 5: Infrastructure Contributions 
Policy 6: Settlement Boundaries 
Policy 19: Housing in the Countryside 
Policy 32: Embedding Low & Zero Carbon Generating Technologies in New
Development 
Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and
Development 
Policy 41: Biodiversity 
Policy 46A: Loch Leven Catchment Area 
Policy 46B: Loch Leven Catchment Area 
Policy 53B: Water Environment and Drainage: Foul Drainage 
Policy 53C: Water Environment and Drainage: Surface Water Drainage

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4 
Policy 56: Noise Pollution 
Policy 58A: Contaminated and Unstable Land: Contaminated Land 
Policy 60B: Transport Standards and Accessibility Requirements: New
Development Proposals 
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 - Housing in the Countryside (adopted
in 2020)
- Supplementary Guidance - Landscape (adopted in 2020)
- Supplementary Guidance - Placemaking (adopted in 2020) 
OTHER POLICIES 
Non Statutory Guidance 
- Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie
Lochs SAC and the River Tay SAC
- Planning Guidance - Planning & Biodiversity 
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.   
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
 PAN 61 Planning and Sustainable Urban Drainage Systems
 PAN 68 Design Statements
 PAN 69 Planning and Building standards Advice on Flooding
 PAN 75 Planning for Transport
 PAN 77 Designing Safer Places

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5 
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. 
CONSULTATION  RESPONSES 
EXTERNAL 
Scottish Water – no objection 
SEPA – No response but likely to be same outcome as previous application
given same mitigation proposals put forward 
Transport Scotland – consulted in error 
INTERNAL 
Environmental Health (Contaminated Land) – condition recommended 
Development Contributions Officer – contribution required 
Structures And Flooding – no comments 
Transportation And Development – concerns regarding visibility splay onto
private access and presence of hedge not addressed. 
REPRESENTATIONS 
A total of 6 representations were received all of which object to the
applications.  The comments may be summarised as follows: 
 Overdevelopment
 Contrary to Development Plan
 Road Safety
 Water capacity
 Capacity of existing access
 Maintenance of existing access
 Flood Risk and drainage
 Traffic congestion
 Inappropriate housing density

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 Loss of open space
 Adverse effect on visual amenity
 Waste/refuse collection
 Light pollution
 Tree and hedge loss
 Bio Diversity
 Possible future development.
 Progress of other permissions 
The above issues are addressed in the appraisal below.  The possibility of
future development is not material to this application and has no bearing on
the assessment. If any further applications are made these will be considered
on their own merits.  There is no requirement within planning legislation for
one consented development to be progressed before another proposal is
submitted and therefore this also has no bearing on the assessment of this
application. 
Additional Statements Received: 
Screening Opinion  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  Planning Statement
Phosphorus Mitigation 
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.   
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

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7 
In policy 19 - Housing in the Countryside of the LDP2, it is acknowledged that
opportunities do exist for housing in rural areas to support the viability of
communities, meet development needs in appropriate locations while
safeguarding the character of the countryside as well as ensuring that a high
standard of siting and design is achieved. Thus the development of single
houses or groups of houses which fall within the six identified categories will
be supported.  This is also referenced in the recently adopted National
Planning Framework 4 (NPF4) where Policy 9 states that greenfield sites will
be supported where there are explicitly supported by LDP policies. 
Policy 17 of NPF4 is also relevant and seeks to encourage and promote and
facilitate affordable and sustainable homes in the right locations and provides
criteria in which proposals for new rural homes will be accepted. 
The Council will support proposals for the erection, or creation through
conversion, of single houses and groups of houses in the countryside which
fall into at least one of the following categories: 
1) Building Groups
2) Infill site
3) New houses in the 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 
The only category which may be applicable to this development is category 1
Building Groups.  None of the remaining criterion are considered to be
relevant to this proposal.  An existing building group is defined as 3 or more
buildings of a size at least equivalent to a traditional cottage, where they are
for residential and/or business/agricultural nature.   
The supplementary guidance, "The Housing in the Countryside
Supplementary Guidance" which was adopted by the Council in 2020 assists
in the assessment of the Policy 19.  This highlights that: 
Permission may be granted, subject to the criteria above, for houses which
extend the group into a readily definable adjacent site. This will be formed by
existing topography, roads or well-established existing landscape features
such as a watercourse or mature tree belt which will provide a suitable setting. 
In this instance the application site is not located within a building group but
adjacent to it. It is noted that there is some landscaping on the western
boundary although this is partly due to the recent planting of some small scale
trees.  There is also some rising topography adjacent to the western
boundary.  To the south the site is defined by the existing access track.  The
site is therefore partly defined.  The planning statement indicates that the
north boundary is defined by existing mature landscaping with photos
provided.  From reviewing satellite imagery of this area it is clear that the

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8 
planting on the northern boundary was planted at some point in the first half of
2018 as the images before that show an open field.  There are similar
concerns with this application as those identified in the assessment of the
previous application for two plots.  The SG makes it clear what features can
be used to enable a site to be considered defined.  It states that "fencing or
young trees or hedging planted with the specific intention of creating a site will
not be accepted as existing landscape features for the purposes of this
Supplementary Guidance, nor will the felling of woodland or an orchard
specifically to create a site".  It is the view of the case officer that the planting
along the northern boundary appears to have been formed with the purpose of
creating a site.  The planting running along the northern boundary of the
application site is at almost exactly the same east-west line as the plots to the
east and there does not appear to be any purpose for this landscaping other
than to create a boundary for the application site.  This is the same concern
which was identified with the northern boundary on the application for two
plots which was refused in 2022.  The SG goes on to provide examples of
where the extension of a building group can be accepted.  In this case it is
considered that planting has been formed in recent past along the northern
boundary which appears to be with the specific intention of creating a site
which is exactly what the SG seeks to avoid.  There is a requirement for
boundaries to be well established landscape features and that is not
considered to be the case with this artificially created boundary.  Before and
after satellite images of this planting are outlined below for reference. 
May 2017 Sattelite image 
April 2023 sattelite image

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9 
In this instance the planting of this northern boundary appears to have been
carried out with the intention of creating a site which would not meet with the
building groups category of the SG which the SG specifically references as
not being appropriate.  This proposal is therefore not considered to comply
with the building groups category of the SG.  The proposal also fails to meet
any of the categories of development outlined in the SG.  This proposal is
therefore contrary to Policy 19 of the Perth and Kinross Local Development
Plan 2, the associated SG and therefore also Policy 9 of NPF4 as this is a
greenfield site which is not explicitly supported by policies of the LDP as
outlined in Policy 9(b) of NPF4. 
Design and Layout 
Generally, the design and scale of development should respect its
surroundings and adhere to Policies 1A and B of LDP2 which relate to
placemaking and Policy 14 of NPF4 which seeks to deliver well designed
development.  Further guidance is also provided within the associated
Placemaking Supplementary Guidance.  Furthermore, the siting criteria
outlined within the Housing in the Countryside Supplementary Guidance is
also relevant.   Policy 4(a) of NPF4 is also applicable and seeks to ensure that
the development does not have an unacceptable impact on the natural
environment. 
The character of the grouping is relatively mixed and there are similarly
designed simple dwellings of this nature located elsewhere in the grouping
which utilise similar finishing materials.  The proposed design of the dwellings
are considered to be of a form and mass which is conducive to the relatively
mixed character of the existing grouping.  The house is proposed to front onto
the private access and continues the building line created by the existing
properties to the east.  The previous application intended to utilise shared
access in the south east corner to enter the site.  This revised application
seeks to create a separate access onto the private track along the southern
boundary.  Assessment of the access will be undertaken below. 
The proposal in terms of design and layout is therefore generally considered
to comply with the LDP2 and NPF4.  Nevertheless, the principle of developing
the site is considered to be contrary to the LDP2. 
Trees and Landscaping 
The previous refusal outlined concerns regarding the potential impact on trees
on the western boundary given the intention to form an access along this
boundary to plot 2.  This is no longer proposed as part of this application. 
There is therefore no longer any requirement for a tree survey.  The existing
boundary hedge of the southern edge of the site next to the private access will
require to be removed to accommodate the access and required visibility
splays and similar to the concerns on the previous application it is not clear
whether this actually forms part of the site as it appears to be omitted from the
red line and therefore whether the applicant has control of this hedge to

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enable it to be removed, maintained to form the visibility splays is not clear. 
Despite this being identified as a concern with the previous application it has
not been addressed fully in this new submission.  Further assessment of this
is provided in the traffic and transport section below. 
Loch Leven Catchment Area 
The site is located within the Loch Leven Catchment Area where policy 46B of
the LDP2 applies as does the relevant Supplementary Guidance.  Total
phosphorus from built development must not exceed the current level
permitted by discharge consents for Kinross and Milnathort waste treatment
works together with the contribution from built development within the rural
area catchment.  Details of the proposed methods of drainage require to be
submitted with applications.  The mitigation measures require to demonstrate
that they are capable of removing 125% of the phosphorus likely to be
generated by the development from the catchment.  Sufficient information has
been presented to demonstrate that this can be achieved and whilst SEPA are
yet to respond to the consultation response, this is the same mitigation which
was submitted with the previous application, which was accepted by SEPA. 
There is therefore no reason to suggest that this would not be accepted again
and therefore the intention is to proceed with determination. 
The phosphorus calculations have been submitted which indicate that total
phosphorus reduction meets the requirements of the 125% indicated in the
LDP2 and that an existing septic tank at Easter Balgedie House Lodge will be
upgraded. The proposal is therefore considered to accord with Policy 46B of
the LDP2.  Conditions are recommended to ensure the implementation of the
phosphorus mitigation. 
Residential Amenity 
Policy 1A and B and 56 of LDP2 and Policy 14 (c) and 23 of NPF4 require any
development to not detrimentally impact on residential amenity and to ensure
any occupiers of new development have an adequate level of residential
amenity.   
There is an existing operational farm located to the east of the application site
and the presence of this farm was identified as a potential concern during pre
application.  The existing farm operation could detrimentally impact on the
amenity of any proposed residential use and it is noted that there have been
recent applications for extensions to agricultural buildings at this farm.  It is
also understood that it operates as a farm and livery yard  Full details of the
existing farm use and noise therefrom was requested during pre application
discussions for the previous application and these concerns were identified in
the Report of Handling for the previous application and were a reason for
refusal. 
Environmental Health (EH), following a verbal discussion, have raised
concern regarding the use and activity which takes place in the adjacent farm
buildings and the potential impact which the use may have on the amenity of

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the proposed dwelling, both internally and externally given the proximity.  On
that basis they have stated that a Noise Impact Assessment is required to
establish the level of noise which is generated and whether this would impact
on the amenity of the proposed houses. 
Whilst it is recognised that planning permission for a house to the east of this
site and north of the farm buildings was granted in 2016 this was granted
solely on the basis of operational need associated with the operation of the
farming and livery business at Gellybank Farm (16/00156/IPL and
16/00983/FLL) and therefore there are less concerns with any potential
disturbance due the associated use.  The house subject to this application
would be in separate ownership and are not proposed to be associated with
the farm and livery business and therefore the potential for disturbance
remains and requires to be addressed. 
The Planning Statement with this application states that the buildings are no
longer used for livery and stables and is no longer in use.  They also state that
the buildings are not used as a working farm and therefore there is no noise. 
The letters of representation on the application dispute this statement and
indicate that that buildings are in use as livery and an expanding engineering
use.  The applicant's agent has requested that planning enforcement
investigate a possible breach of planning control if the buildings are utilised for
a Class 5 use.  They were advised to report any potential breach directly to
the enforcement team.   During a site visit it appeared that the buildings were
in active use.  Given the activity taking place within these buildings there
remains a possibility that this could impact on the residential amenity of any
new dwelling approved on this site and this requires to be addressed in the
submission via a Noise Impact Assessment to ascertain whether the activity
would impact on amenity. 
The amenity of future occupiers is therefore considered to be potentially
detrimentally affected by the presence of the farm buildings and the potential
operations within and the proposal therefore is contrary to policies 1A and 19
of the LDP2 which seek to ensure adequate levels of residential amenity for
dwellings are provided and to policy 56 of the LDP2 relating to noise pollution
and to Policy 14 (c) and 23 of NPF4. 
Roads, Transport and Access 
Policy 60B of LDP2 and Policy 13 of NPF4 seeks safe access, egress and
appropriate car parking and to encourage the use of sustainable transport. 
The vehicle access to the properties will be via the existing track that serves a
number of properties including the development site.  The track to the site has
been formed with a sealed surface for an acceptable distance from the C458
public road network and encompasses the length of the bin storage area for
the easy manoeuvrability of the waste containers for the waste collection
operatives.

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The visibility splays onto the public road network have been cut back, to
maintain vegetation at a low level. 
The track to the development is formed with compacted material along the
remainder of its length from the vehicle access.  A number of objectors have
commented about the current maintenance arrangements for the track; any
current legal arrangements in place are a private civil matter and any disputes
arising from ongoing maintenance should be addressed between the parties
out with the planning application process.  The upkeep and maintenance of
the track is therefore not a material planning consideration. 
Transportation and Development have visited the site and have noted that
given the make up of the access, which includes posts and large rocks on the
immediate boundaries there is limited opportunity for vehicles to pass on the
track.  This application now proposes an additional passing place on the track
between the public road and the entrance into the site which is considered to
be acceptable, in addition to the two existing passing places.  A fourth passing
place is proposed but this is beyond and to the west of the entrance into the
site.  If any planning permission is granted this should be subject to a
condition to ensure delivery of these passing places as part of the
development. 
The previous refusal identified concerns with the lack of visibility at the access
point into both plots onto the private access due to the presence of a large
hedge. The access into this site has been moved further west but the
presence of the hedge is not referenced on the submitted plans.  The
Planning Statement appears to have misunderstood the issue here and states
that the hedge at the access onto the public road has been cut back.  That is
not the concern here.  Transportation and Development have stated that a
visibility splay of 33 metres is required from the edge of the access track onto
the private track.  As outlined above it is not clear from the plans whether the
hedge is in control of the applicant as the red line boundary appears to omit it. 
The presence of the hedge is also not referenced on the submitted plans. 
Therefore, it is not clear if the required visibility splay can be formed and
maintained on an ongoing basis.  This further submission does not indicate
why the hedge is omitted from the red line boundary.  This was identified as a
concern on the previous application and has not been fully addressed in this
submission. 
The proposal is therefore considered to be contrary to Policy 60B of the LDP2
and 13 of NPF4. 
Developer Contributions 
Policy 5 of LDP2 applies which refers to the Developer Contributions and
Affordable Housing Supplementary Guidance.  This 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

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permissions and Local Development Plan allocations, at or above 100% of
total capacity. 
Education & Children's Services have indicated that there is a capacity
constraint at this school and therefore a contribution of £5164 per dwelling is
required in this instance.  The applicant has indicated that they intend to pay
the contribution upfront if planning permission is granted. 
Flood Risk 
Perth and Kinross Council Structures and Flooding have been consulted on
the proposal and raised no concerns relating to flood risk on the previous
application.  Whilst they have not commented on this application it is assumed
the same conclusion would be reached.  It is noted that comments regarding
surface water flooding have been raised in letters of representation.  Surface
water would require to be dealt with through appropriate provision of a
Sustainable Urban Drainage System (SUDS) to meet best practise
requirements and policy 53C of the LDP2 and 22 of NPF4.  A drainage layout
has been submitted.  Should any planning permission be granted this should
be secured by a condition.  Given the recommendation for refusal it is not
considered to be necessary to investigate any flooding matters further with the
applicant. 
Water Supplies 
Scottish Water have indicated that there is sufficient capacity within the
Glendevon Water Treatment works to service the development.  Letters of
representation have raised concerns regarding water pressure in the area. 
There is a separate application process to Scottish Water which any
developer would require to go through to connect to their assets. 
Waste Collection 
The new dwellings would require to seek agreement with PKC Waste
Services for waste provision, storage and collection.  It is noted that there is
an existing collection point at the access onto the public road. 
Contaminated Land 
Due to the presence of a disused quarry in the area the Council's
Contaminated Land Team have recommended that an evaluation of
contamination is carried out to meet the requirements of Policy 58A of the
LDP2. 
Economic Impact 
The economic impact of the proposal is likely to be minimal and limited to the
construction phase of the development.

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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. 
Reasons for Refusal 
1 The proposal is contrary to Policy 19 Housing in the Countryside of the
Perth and Kinross Council Local Development Plan 2 (2019) and the
associated Housing in the Countryside Supplementary Guidance 2020 (SG)
as the site is not part of an existing building group and cannot be considered
to extend the group into a definable site as the landscaping which has been
planted along the northern boundary appears to have been planted with the
sole purpose of creating a development site.  The SG explicitly states that
"fencing or young trees or hedging planted with the specific intention of
creating a site will not be accepted as existing landscape features for the
purposes of this Supplementary Guidance".  The proposal also fails to meet
any of the other categories of development outlined in the SG. 
2 The proposal is contrary to Policy 9(b) of National Planning Framework
4 (NPF4) as the proposal is on a greenfield site and is not explicitly supported
by policies of the Perth and Kinross Local Development Plan 2 (2019).  The
proposal also fails to meet any of the categories of development allowed by
Policy 17: Rural Homes of NPF4. 
3 The proposal is contrary to Policies 1A, 19 and 56 of the Perth and
Kinross Council Local Development Plan 2 (2019) and Policies 14(c) and 23
of NPF4 which seek to ensure that an appropriate level of residential amenity
for proposed dwelling is provided and states that there is a presumption
against the siting of noise sensitive land uses near sources of noise
generation.  There is some doubt as to the existing level of use of the

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neighbouring livery yard and farm buildings and the noise therefrom has the
potential to impact detrimentally on the amenity of the proposed dwelling and
a lack of information, in the form of a noise impact assessment, has been
submitted to allow an assessment of this to be made. 
4 The proposal is contrary to Policy 60B Transport Standards and
Accessibility of the Perth and Kinross Local Development Plan 2 (2019) and
Policy 13 of NPF4.  There is a requirement for a 33 metre visibility splay to be
created at the access from the site onto the private access.  The existing
hedge along the southern boundary of the site severely restricts visibility at
the access points into the site and no indication of suitable visibility splays
have been submitted.  Furthermore, the hedge does not appear to be located
within the red line boundary and therefore it would appear that it may not be in
the control of the applicant. 
Justification 
The proposal is 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 
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