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Minute of meeting of 8 July 2024

Perth and Kinross Council · 12 August 2024
Back to Local Review Body — 12 August 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
8 July 2024. 
Present: Councillors B Brawn, G Stewart and R Watters. 
In Attendance: L Tierney (Planning Adviser), G Fogg, (Legal Adviser) and D Williams
(Democratic Governance Officer) (all Strategy, People and Resources). 
Also Attending: A Brown and M Pasternak (both Strategy, People and Resources) and
C McLaren (Economy, Place and Learning). 
Councillor B Brawn, Convener, Presiding 
1. WELCOME 
Councillor Brawn welcomed all present to the meeting. 
2. DECLARATIONS OF INTEREST 
There were no Declarations of Interest made in terms of the Councillors Code of
Conduct. 
3. MINUTES 
The minute of meeting of the Local Review Body of 10 June 2024 was submitted
and noted. 
4. APPLICATIONS FOR REVIEW 
(i) LRB-2024-19
Planning Application - 23/01765/FLL – Erection of dwellinghouse,
land 80 metres south west of Gellybank Farm, Kinross –
Mr D Stewart 
Members considered a Notice of Review seeking a review of the decision
by the Appointed Officer for the erection of dwellinghouse, land 80 metres
south west of Gellybank Farm, Kinross. 
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 erection of dwellinghouse, land 80 metres
south west of Gellybank Farm, Kinross, be refused for the following
reasons:
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 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
lack of information, in the form of a noise impact
assessment, has been submitted to allow an assessment of
this to be made. 
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-2024-20
Planning Application - 23/02046/FLL – Alterations to dwellinghouse,
41 Coltward Holding, Campmuir, Blairgowrie, PH13 9LN – Mr and
Mrs Burt 
Members considered a Notice of Review seeking a review of the decision
by the Appointed Officer to refuse alterations to dwellinghouse, 41
Coltward Holding, Campmuir, Blairgowrie, PH13 9LN.

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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 alterations to dwellinghouse, 41 Coltward
Holding, Campmuir, Blairgowrie, PH13 9LN, be refused for the
following reasons:
1. The proposal, by virtue of its uncharacteristic gabled end,
disproportionately long ridge length, bulky dormer window
which projects above the roof ridge and incongruous
clerestory feature, would unbalance and distort the charter
and appearance of the hipped roof bungalow, to the
detriment of its visual amenity. 
Approval would therefore be contrary to Policies 14 and
16(g) of National Planning Framework 4 2023, Policies 1A
and 1B(c) and (g) of the Perth and Kinross Local
Development Plan 2 (2019) and Perth and Kinross Council’s
Placemaking Guide 2020, which seek to ensure that
developments contribute positively to the quality of the
surrounding environment in terms of design, proportions,
shape, form and appearance, in order to respect the
character and amenity of the place. 
Justification
The proposal is not in accordance with the Development Plan and
there are no material reasons which justify departing from the
Development Plan. 
(iii) LRB-2024-21
Planning Application - 23/02043/FLL – Alterations and extension to
dwellinghouse and formation of raised patio, Ochil Cottage, Main
Street, Glenfarg, Perth, PH2 9NY – Mr M Williams 
Members considered a Notice of Review seeking a review of the decision
by the Appointed Officer to refuse alterations and extension to
dwellinghouse and formation of raised patio, Ochil Cottage, Main Street,
Glenfarg, Perth, PH2 9NY. 
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:

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(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 alterations and extension to
dwellinghouse and formation of raised patio, Ochil Cottage, Main
Street, Glenfarg, Perth, PH2 9NY, be refused for the following
reasons:  
1. The proposal, by virtue of its design, siting and scale, would
have a detrimental impact on the traditional character of the
existing house, and it would not complement its
surroundings. 
Approval would therefore by contrary to Policy 16(g)(i):
Quality Homes of National Planning Framework 4, contrary
to Policies 1A and 1B(c): Placemaking of the Perth and
Kinross Local Development Plan, and contrary to the Perth
and Kinross Placemaking Supplementary Guidance 2020.
2. The proposal, by virtue of the overlooking from the window
on the south elevation and the overlooking from the raised
patio, would have a detrimental impact on the residential
amenity of the neighbouring properties to the north and the
south. 
Approval would therefore be contrary to Policy 16(g)(ii):
Quality Homes of National Planning Framework 4, contrary
to Policy 17: Residential Areas of the Perth and Kinross
Local Development Plan 2, and contrary to Perth and
Kinross Placemaking Supplementary Guidance 2020.
3. The proposal, by virtue of the scale of the extension and its
proximity to the boundary, would result in overshadowing of
the residential property to the north. 
Approval would therefore be contrary to Policy 16(g)(ii):
Quality Homes of National Planning Framework 4, contrary
to Policy 17: Residential Areas of the Perth and Kinross
Local Development Plan 2, and contrary to the Perth and
Kinross Placemaking Supplementary Guidance 2020.
4. The proposal, by virtue of the scale and design of the
extension and its proximity to the boundary, would have an
overbearing physical impact on the residential property to
the north. 
Approval would therefore be contrary to Policy 16(g)(ii):
Quality Homes of Naitional Planning Framework 4, contrary
to Policy 17: Residential Areas of the Perth and Kinross
Local Development Plan 2, and contrary to the Perth and
Kinross Placemaking Supplementary Guidance 2020. 
Justification
The proposal is not in accordance with the Development Plan and
there are no material reasons which justify departing from the
Development Plan.

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(iv) LRB-2024-22
Planning Application – 23/02071/FLL – Erection of replacement
dwellinghouse and associated works, 42 Muirend Road, Perth, PH1
1JU – Mr C Allan 
Members considered a Notice of Review seeking a review of the decision
by the Appointed Officer to refuse the erection of replacement
dwellinghouse and associated works, 42 Muirend Road, Perth, PH1 1JU. 
The Planning Adviser displayed photographs of the site and described the
proposal, and thereafter summarised the Appointed Officer’s Report of
Handling and the grounds set out in the Notice of Review. 
Decision:
Resolved by unanimous decision that:
(i) having regard to the material before the Local Review Body and
the comments from the Planning Adviser, sufficient information was
before the Local Review Body to determine the matter without
further procedure.
Thereafter, resolved by unanimous decision that:
(ii) the review application for the erection of replacement
dwellinghouse and associated works, 42 Muirend Road, Perth,
PH1 1JU, be refused for the following reasons:
1. The proposal is contrary to Policy 17 Residential Areas of
the Perth and Kinross Local Development Plan 2 (2019) as
the proposal is considered to represent an overdevelopment
of the site when taking account of the areas environs,
established building heights and surrounding house types as
a consequent the development is incompatible with the
character and amenity of the area.
2. The proposal is contrary to NPF4 Policy 14 Design Quality
and Plan and LDP2 Policy 1 Placemaking and related
Placemaking Supplementary Guidance (2020) as the
development would not contribute positively to the quality of
the surrounding built environment.  The design and resultant
height of development does not respect the character of
development in the locality. 
Justification
The proposal is not in accordance with the Development Plan and
there are no material reasons which justify departing from the
Development Plan. 
(v) LRB-2024-23
Planning Application –23/00371/FLL – Erection of a holiday
accommodation unit, ancillary shed and associated works, land at
A’phairc Loisgte, Rannoch – Mr E Mustin and Ms L Patterson 
Members considered a Notice of Review seeking a review of the decision
by the Appointed Officer to refuse the erection of a holiday
accommodation unit, ancillary shed and associated works, land at
A’phairc Loisgte, Rannoch.

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The Planning Adviser displayed photographs of the site and described the
proposal, and thereafter summarised the Appointed Officer’s Report of
Handling and the grounds set out in the Notice of Review. 
Decision:
Resolved by unanimous decision that:
(i) having regard to the material before the Local Review Body and
the comments from the Planning Adviser, sufficient information was
before the Local Review Body to determine the matter without
further procedure.
Thereafter, resolved by unanimous decision that:
(ii) the review application for the erection of a holiday accommodation
unit, ancillary shed and associated works, land at A’phairc Loisgte,
Rannoch, be refused for the following reasons:
1. The site is located outwith any settlement boundary
identified within the adopted Perth and Kinross Local
Development Plan 2 (2019), and the proposed holiday
accommodation unit does not relate to an expansion of an
existing business or a new business that is connected to an
existing site-specific resource or opportunity.  The proposal
is therefore contrary to the specific requirements of Policy 8
(Rural Business and Diversification) of the adopted Perth
and Kinross Local Development Plan 2 (2019) which only
allows for new rural businesses in the open countryside in
certain circumstances.
2. As the proposal is on a greenfield site which has not been
allocated for development within the adopted Perth and
Kinross Local Development Plan 2 (2019), and the proposal
is not explicitly supported by policies in the Perth and
Kinross Local Development Plan 2 (2019), the proposal is
contrary to Policy 9(b) (Brownfield, vacant and derelict land
and empty buildings) of the National Planning Framework 4
(2023).
3. It has not been demonstrated that the site is not at risk from
flooding.  The proposal is therefore contrary to Policy 22
(Flood Risk and Water Management) of the National
Planning Framework 4 (2023) and Policy 52 (New
Development and Flooding) of the adopted Perth and
Kinross Local Development Plan 2 (2019), both of which
state that new development should not take place on areas
which are at risk from flooding.
4. The proposal does not include any of the uses listed in
Policy 29(a) (Rural Development) of the National Planning
Framework 4 (2023) which specifically includes the
diversification of an existing business, and due to flood risk,
the proposal is inappropriately sited.  The proposal is
therefore contrary to Policy 29(a) and (b) of the National
Planning Framework 4 (2023) as the development fails to
meet some of the key criteria required for new development
in rural areas.

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Justification
The proposal is not in accordance with the Development Plan and
there are no material reasons which justify departing from the
Development Plan. 
(vi) LRB-2024-25
Planning Application –23/02142/FLL – Siting of 2 holiday
accommodation units and associated works, Chapter House,
Fossoway, Kinross, KY13 9UP – Mr D Pilkington 
Members considered a Notice of Review seeking a review of the decision
by the Appointed Officer to refuse the siting of 2 holiday accommodation
units and associated works, Chapter House, Fossoway, Kinross, KY13
9UP. 
The Planning Adviser displayed photographs of the site and described the
proposal, and thereafter summarised the Appointed Officer’s Report of
Handling and the grounds set out in the Notice of Review. 
Decision:
Resolved by unanimous decision that:
(i) having regard to the material before the Local Review Body and
the comments from the Planning Adviser, sufficient information was
before the Local Review Body to determine the matter without
further procedure.
Thereafter, resolved by unanimous decision that:
(ii) the review application for the siting of 2 holiday accommodation
units and associated works, Chapter House, Fossoway, Kinross,
KY13 9UP, be refused for the following reasons:
1. The proposed development fails to meet the relevant criteria
for countryside development to be justified, is not compatible
with the private rural residential development, would have a
significant detrimental impact on residential amenity,
promotes unsustainable travel patters by virtue of its
remoteness from public transport options, and fails to meet
a specific need by virtue of its quality or location in relation
to existing businesses or tourist facilities.  The proposed
holiday accommodation is contrary to Policy 13: Sustainable
Transport (part b), Policy 29: Rural Development (part b),
and Policy 30: Tourism (part b) of National Planning
Framework 4 (2023), and Policy 8: Rural Business and
Diversification, Policy 9C: Caravan Sites, Chalets and
Timeshare Developments: Chalets, Timeshare and
Fractional Ownership, and Policy 60B: Transport Standards
and Accessibility Requirements: New Development
Proposals of the Perth and Kinross Local Development Plan
2 (2019).
2. The proposed development is poorly designed and
incompatible with the amenity and character of the
surrounding residential development and is therefore
contrary to Policy 14: Design, Quality and Place of National

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Planning Framework 4 (2023) and Policy 1: Placemaking of
the Perth and Kinross 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.