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(a) Notice of Review and supporting documents (Pages 213-244)

Perth and Kinross Council · 16 September 2024
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4(iv)(a) 
LRB-2024-32 
LRB-2024-32
24/00393/IPL - Erection of a dwellinghouse (in principle),
land 330 metres north west of Kinneston Cottages, Leslie,
Glenrothes 
PAPERS SUBMITTED
BY THE
APPLICANT

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Statement
Notice of Review 
Erection of a dwellinghouse (in principle) on land 330 metres North West
of 5 Kinneston Cottages, Leslie, Glenrothes KY6 3JJ
24/00393/IPL
Introduction & Background
This Notice of Review is submitted following the refusal of planning permission under
delegated powers on the 31 May 2024 for the erection of a dwellinghouse in principle
on land at Kinneston Farm under application 24/00393/IPL. 
Kinneston Farming Company manages an 800-acre mixed farm with arable, grazing
and forestry. Also, part of this company is a well-established diversified racehorse
training operation – Kinneston Stables. This business employs 21 full-time, 10 part-
time staff and provides significant income for local farriers, vets and feed merchants
and also provides income to a wide range of contractors supporting the arable and
forestry operations.
The purpose of the Review application is that the applicant’s father, Nick Alexander
is looking to retire and remain on the farm in Kinneston House and a succession
dwelling is required for his son.  
It is the intention for this dwelling to be used as the applicant's main accommodation
when he succeeds his parents upon their retirement and continues the running of
Kinneston Stables and Kinneston Farming Company. 
The Review application therefore, is on the basis of farm succession allowing the
passing down of the business and enabling a close working relationship between
father and son in this transition and is supported in principle under NPF4 Policy
17(vi) for a single home for the retirement succession of a viable farm holding.
The reasons for refusal are outlined below, relating to Policy 1 and 19 of the adopted
local development plan and NPF Policy 14 and 17 in relation to siting and design
criteria and NPF Policy 4 where the application site is a greenfield site and is not
supported by housing in the countryside policies. (Doc 1)
The reasons for refusal were:-
1. The proposal does not satisfy the siting and design criteria set out in national and
local planning policy for new homes in rural areas. The site lacks full enclosure and
long-established natural boundaries which separates the site naturally from the
surrounding ground and is distant from the cluster of buildings on the farm which
includes the main farmhouse and other residential properties. The proposal does not
respect the character and amenity of the place. The proposal does not satisfy the
requirements of NPF4 Policy 14: Design, Quality and Place, NPF4 Policy 17 Rural

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Homes and LDP2 Policy 1: Placemaking and associated Supplementary Guidance
(2020) and LDP2 Policy 19 Housing in the Countryside and associated
Supplementary Guidance (2020). 
2. This is a greenfield site and it has not been allocated for development and it is not
explicitly supported by policies of the Perth and Kinross Local Development Plan 2
(2019). The proposal is therefore contrary to NPF4 Brownfield, Vacant and Derelict
Land and Empty Buildings Policy 9 b). 
In this Review it will be demonstrated that the Review proposal is acceptable in
principle, in accordance with NPF4 Policy 17 Rural Homes and in terms of it’s siting
and design it will not have an adverse impact on the visual amenity or character of
the countryside at Kinneston.
Development Plan
The Development Plan for the area comprises the National Planning Framework 4
(NPF4) and the Perth and Kinross Local Development Plan 2 (2019).
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
aims 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 9: Brownfield, vacant and derelict land and empty buildings 
 Policy 14: Design, Quality and Place
 Policy 16: Quality Homes
 Policy 17: Rural Homes
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 site is located within the landward area of the LDP2, where the following policies
are applicable, 
 Policy 1A: Placemaking
 Policy 1B: Placemaking
 Policy 5: Infrastructure Contributions

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 Policy 46A: Loch Leven Catchment Area
 Policy 53B: Water Environment and Drainage: Foul Drainage
 Policy 53C: Water Environment and Drainage: Surface Water Drainage
 Policy 53E: Water Environment and Drainage: Water Supply
 Policy 60B: Transport Standards and Accessibility Requirements: New
Development Proposals
Statutory Supplementary Planning Guidance
The following statutory SPG are applicable to the proposal, 
 Developer Contributions & Affordable Housing (adopted in 2020)
 Supplementary Guidance - Placemaking (adopted in 2020)
Non-Statutory Planning Guidance
The following non-statutory SPG are applicable, 
 Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC
and the River Tay SAC
 Planning Guidance - Planning & Biodiversity
NATIONAL PLANNING GUIDANCE
The Scottish Government expresses its planning policies through Planning Advice
Notes, Creating Places, Designing Streets, National Roads Development Guide and
a series of Circulars.  
Planning Advice Notes
The following Scottish Government Planning Advice Notes (PANs) and Guidance
Documents are of relevance to the proposal: 
 PAN 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
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.

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Reason for Refusal and Grounds of the Review 
The reasons for the review and matters considered refer to the reasons for refusal,
which can be summarised:-
-that the Review Proposal does not satisfy the relevant policy siting and design
criteria and
- that it is a greenfield site and is not supported by housing in the countryside
policies.
The above issues will be considered below in the applicant’s statement and
argument against the reasons for refusal, in support of the Review.
The siting and design of the Review Proposal will not impact adversely on the visual
amenity or character of the countryside.
The principle of the Review proposal is acceptable and is in accordance with NPF4
Policy 17 Rural Homes (vi) for a single home for the retirement succession of a
viable farm holding, in accordance with the Scottish Government’s Transitional
Arrangements for National Planning Framework 4 (Feb 2023). 
Perth and Kinross Local Development Plan 2 Policy 19 – Housing in the Countryside
and it’s Supplementary Guidance is not relevant as it makes no reference to
supporting a single dwellinghouse for farm succession.
NPF4 Policy 17 Rural Homes states that new homes for farm succession 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 Delegated Report (Doc 2) stated that:-
Mature trees on the north side of a track to the rear of the site provide a backdrop however
it lacks full enclosure and long-established natural boundaries which separates the site
naturally from the surrounding ground as required by the Supplementary Guidance. The
supporting information does not fully consider other discounted sites nearer to the hub of
the farming and equestrian activity. The site is located 300m north of the cluster of farm
buildings and is distant from the hub of the farming operation. Planning considers there is a
more appropriate site for a dwellinghouse closer to the cluster of farm buildings. 
The proposal does not demonstrate this is the best possible option in terms of the fit within
the landscape and it does not reflect the traditional pattern and character of the area.
As stated above it is considered that the Council’s Supplementary Guidance is not
relevant to this proposal. Furthermore, if it was applicable, the siting criteria in the
Housing in the Countryside Guidance 2020 is for guidance purposes only and is not
prescriptive in character.

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The assessment detailed in the Delegated Report however requires the application
to fully satisfy these criteria. In the Pre-application process the Council did not
suggest a site which would satisfy the siting criteria, but only discounted the 3 sites
that were proposed by the appellant.  The Delegated Report concentrates solely on
satisfying fully the siting criteria. Importantly however, in choosing the optimal site for
the business this involved the appellant considering not only the physical siting
criteria but also the operational criteria which would benefit the business.
As indicated in the Supporting Statement submitted with the Review application the
siting of the dwellinghouse was carefully considered in terms of best landscape fit on
the mid slope of Munduff Hill and backdropped to the north by a stand of trees and
bounded by a long-established dry-stone wall. (see Photos 1-2) The eastern
boundary is also a long-established boundary fence.
The proposed site is situated on the mid slopes on the south side of Munduff Hill at
an elevation of 192-193m AOD. The nearest public road is the A911 to the south.
Due to the topography, there is no public view of the proposed site from the road –
there is no intervisibility.  The site is screened to the north on higher ground by a
band of trees which run east to west along the lower slopes of Munduff Hill at an
elevation of 195-210m AOD. More distant views of the site from the east are
screened by woodland. There would be very low public visibility of the proposed site
from the west in distant views due to the openness and elevation of the land. 
There is no sky-lining due to the site location on the mid-slope with the backdrop of
the rising hill and tree belt.
The proposed design of the house will have a horizontal rather than vertical
emphasis to blend sympathetically with the landform and the materials used will look
to complement the local character and the landscape in which the house is set.
Along the A911 to the east there is built development at a similar and greater height
on the hill as the Review proposal at Little Arnot, Newton, Westerton and Meikle
Balquhomrie.
Operational considerations in the choice of site were important and the building of a
dwellinghouse away from the main farmyard which is characterised by busy horse
activity and stabling was a main consideration. The Review site is advantageous as
it is close to the training run to the north as indicated in Doc 3 – Farm Layout Plan.
The Review site therefore is the optimum choice for the business by trying to achieve
a good landscape fit through siting and design of the proposed dwelling and a
location which is operationally practical for the business.
The Review application is in principle and the scale and design will be confirmed at
the detailed planning stage. An indicative site plan, photomontage, long cross-
section and Design Brief, however illustrated how a suitably scaled and designed
dwellinghouse can be accommodated on the site and that it fits well with the
topography of the sloping hill ground on the farm. (Doc 4, Doc 5, Doc 6, Photos 1&
2)

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At the Pre-application stage and in the Delegated Report there were queries raised
which were based on an assessment of the proposal under the Housing in the
Countryside Policy Guidance. 
Firstly, it was asked if there are any non-domestic properties that could be converted
to provide accommodation or if there were any other available dwellinghouses on the
farm? 
In terms of non-domestic buildings all of these are fully used for the farm and horse
training purposes comprising stables, garages and offices. They are not available for
conversion and if they were, they would not be appropriate in terms of their scale,
construction or location in the middle of the working yard. Also, it is not considered
that it would be cost effective or viable to convert these older buildings to provide
modern living accommodation which could satisfy current building standards or take
advantage of renewable energy sources such as solar gain.
With regard to other dwellinghouses on the farm there are currently 4 of these and
they are all occupied by people working in the farm business. 
Also queried in the Pre-application response was the question of availability of
residential accommodation under two planning consents at West Bowhouse which
were associated with Kinneston Farm. 
Residential accommodation at West Bowhouse is not available for this proposal as
the consents were sold and the money from them was re-invested in the Kinneston
business. The applicant has stated that it would not have been possible to create the
current scale of business without the proceeds from these sales.  
The proposed site choice is one where it provides the best opportunity to realise a
modern, family home taking advantage of aspect and orientation. The site has well
established boundaries and is back-dropped by the rising hill to the north and trees
as illustrated in the photomontage, long cross-section and site photos. There is also
an existing farm track which will allow access to the site without the need to
construct a new access.  
The site choice will also limit any construction impact, noise and disruption on the
central courtyard and stables area which is sensitive due to the frequent presence of
the racehorses.
It is concluded then that the proposed siting and design of the Review house will not
have a detrimental impact on the character or appearance of the Loch Leven &
Lomond Hills Local Landscape Area in accordance with Policy 39 of the adopted
LDP and the Landscape Supplementary Guidance 2020.
The Review site is supported by Development Plan policies which allow the siting of
housing on greenfield sites
The second reason for refusal is generated automatically because the Review
proposal was not considered by the Planning Authority to satisfy the Development
Plan policies on housing in the countryside and it is therefore a greenfield site
without policy support.

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This view is disputed as it is considered that the Review proposal is acceptable in
principle being in accordance with NPF4 Policy 17 Rural Homes in terms of farm
succession. As indicated above it is also suitably scaled, sited and designed to
satisfy the operational needs of the business and to not impact adversely on the
visual amenity and character of the landscape around Kinneston.
The Review site therefore is a greenfield site which is acceptable under
Development Plan rural homes policy and is not contrary to Policy 9 b) 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 Roads & Access, Residential Amenity, Flood
Risk, Cultural Heritage and Natural History & Biodiversity. There are no public
objections to the Review proposal.
Conclusions
The provision of a single home for the retirement succession of a viable farm holding
is supported in principle by NPF4 Policy 17 Rural Homes (vi).
As indicated above the siting and design siting and design of the Review house will
not have a detrimental impact on the character or appearance of the Loch Leven &
Lomond Hills Local Landscape Area in accordance with Policy 39 of the adopted
LDP and the Landscape Supplementary Guidance 2020 and therefore is in
accordance with the requirements of NPF4 Policy 14: Design, Quality and Place,
NPF4 Policy 17 Rural Homes and LDP2 Policy 1: Placemaking and associated
Supplementary Guidance (2020).
The Review site therefore is a greenfield site which is acceptable under
Development Plan rural homes policy and is not contrary to Policy 9 b) of NPF4. 
For the reasons outlined above it is considered that the Review proposal for a single
dwellinghouse is acceptable in principle and it is respectfully requested that the
Review is upheld.

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1
Mr Kit Alexander
c/o AC Architects
Lewis House 
213 East Way
Hillend Industrial Estate
Hillend
KY11 9JF
Pullar House
35 Kinnoull Street
PERTH  
PH1 5GD
Date of Notice :31st May 2024
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT
Application Reference: 24/00393/IPL
I am directed by the Planning Authority under the Town and Country Planning
(Scotland) Acts currently in force, to refuse your application registered on 15th March
2024 for permission for Erection of a dwellinghouse (in principle) Land 330
Metres North West Of 5 Kinneston Cottages Leslie Glenrothes KY6 3JJ    for
the reasons undernoted.  
David Littlejohn
Head of Planning and Development
Reasons for Refusal
1.  The proposal does not satisfy the siting and design criteria set out in national and
local planning policy for new homes in rural areas. The site lacks full enclosure and
long-established natural boundaries which separates the site naturally from the
surrounding ground and is distant from the cluster of buildings on the farm which
includes the main farmhouse and other residential properties. The proposal does
not respect the character and amenity of the place. The proposal does not satisfy
the requirements of NPF4 Policy 14: Design, Quality and Place, NPF4 Policy 17
Rural Homes and LDP2 Policy 1: Placemaking and associated Supplementary
Guidance (2020) and LDP2 Policy 19 Housing in the Countryside and associated
Supplementary Guidance (2020).
2.  This is a greenfield site and it has not been allocated for development and it is not
explicitly supported by policies of the Perth and Kinross Local Development Plan 2
(2019). The proposal is therefore contrary to NPF4 Brownfield, Vacant and Derelict
Land and Empty Buildings Policy 9 b).

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2
Justification
The proposal is not 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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REPORT OF HANDLING
DELEGATED REPORT
Ref No 24/00393/IPL
Ward No P8- Kinross-shire
Due Determination Date 14th May 2024
Draft Report Date 24th May 2024
Report Issued by Claire Myles Date 24/5/24
PROPOSAL: Erection of a dwellinghouse (in principle)
LOCATION: Land 330 Metres North West Of 5 Kinneston
Cottages Leslie Glenrothes KY6 3JJ   
SUMMARY:
This report recommends refusal of the application as the development is considered
to be contrary to the relevant provisions of the Development Plan and there are no
material considerations apparent which justify setting aside the Development Plan.
BACKGROUND AND DESCRIPTION OF PROPOSAL
The application is for a dwellinghouse on an unused greenfield site at Kinneston
Farm, east of Scotlandwell.
Indicative plans have been submitted to show a site measuring 2439 sqm and a
housing plot of 199 sqm. The proposed site is situated on the mid slopes on the
south side of Munduff Hill. The nearest public road is the A911 to the south. The
vehicle access to the public road network for the property will be via the existing
private vehicle track running to the north of the A911.
The applicant's father, is looking to retire and remain on the farm in Kinneston House
and it is the intention for the proposed dwellinghouse to be used as the applicant's
main accommodation when he succeeds his parents upon their retirement and
continues the running of Kinneston Stables and Kinneston Farming Company. 
SITE HISTORY
None
PRE-APPLICATION CONSULTATION
Pre application Reference: 23/00060/PREAPL and this was followed by a further pre
application reference: 23/00117/PREAPL – which reviewed two sites and involved a
site visit and meeting. Both options are not identifiable sites and do not meet the
criteria set out in the Supplementary Guidance. The overall site is constrained due to
its layout and current business operations. However, there does appear to be
opportunities to use the existing residential accommodation which has not been fully
justified as part of the pre-app enquiry. There is no detail of the ‘multiple sites’
explored as indicated in the supporting statement. This application is related to Site 1
which was reviewed as part of the pre-application. The pre-app response reported

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that Site/Option 1 is remote from the existing building group and is part of an open
field and not naturally separated from the surrounding ground.
DEVELOPMENT PLAN
The Development Plan for the area comprises National Planning Framework 4
(NPF4) and the Perth and Kinross Local Development Plan 2 (2019) (LDP2). 
National Planning Framework 4
The National Planning Framework 4 (NPF4) is the Scottish Government’s long-term
spatial strategy with a comprehensive set of national planning policies.  This strategy
sets out how to improve people’s lives by making sustainable, liveable and
productive spaces.  
NPF4 was adopted on 13 February 2023. NPF4 has an increased status over
previous NPFs and comprises part of the statutory development plan.
The Council’s assessment of this application has considered the following policies of
NPF4:
Policy 1: Tackling the Climate and Nature Crises
Policy 2: Climate Mitigation and Adaptation
Policy 13: Sustainable Transport
Policy 14: Design, Quality and Place
Policy 17: Rural Homes
Policy 20: Blue and Green Infrastructure
Policy 22: Flood Risk and Water Management
Policy 5: Infrastructure Contributions
Policy 18: Infrastructure First
Policy 32: Embedding Low & Zero Carbon Generating Technologies in New
Development
Policy 9: Brownfield, Vacant and Derelict Land and Empty Buildings
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 19: Housing in the Countryside
Policy 39: Landscape
Policy 42: Green Infrastructure
Policy 53B: Water Environment and Drainage: Foul Drainage
Policy 53C: Water Environment and Drainage: Surface Water Drainage
Policy 60B: Transport Standards and Accessibility Requirements: New Development
Proposals
Statutory Supplementary Guidance
- Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020)
- 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 - 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

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 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.
CONSULTATION RESPONSES
External
Scottish Water - No objection and consultation response notes there is no public
Scottish Water, Waste Water infrastructure within the vicinity of this proposed
development therefore would advise applicant to investigate private treatment
options.
(Portmoak) Scottish Gliding Centre – no response.
Internal
Transportation And Development - No objection, subject to condition for further
details to be submitted as part of a formal planning application.
Development Contributions Officer - Conditions recommended for developer
contributions towards education.
Environmental Health (Private Water) - No objection subject to condition.
Informatives recommended.
Environmental Health (Contaminated Land) - A search of the historic records did not
raise any concerns regarding ground contamination and therefore no adverse
comments to make on the application.
REPRESENTATIONS
No representations were received.
Additional Statements Received:
Screening Opinion EIA 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 Submitted
Report on Impact or Potential Impact eg Flood Risk
Assessment
Not Required

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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
This is an application to determine the principle of a dwellinghouse on land at
Kinneston Farm, east of Scotlandwell. 
The key policy considerations are NPF4 Policy 17: Rural Homes and LDP2 Policy
19: Housing in the Countryside and related Housing in the Countryside
Supplementary Guidance (2020). 
NPF4 Policy 17a) supports development for new homes in rural areas which are
suitably scaled, sited and designed to be in keeping with the character of the area
and the development meets the following criteria -  
i. is on a site allocated for housing within the LDP;
ii. reuses brownfield land where a return to a natural state has not or will not
happen without intervention;
iii. reuses a redundant or unused building;
iv. is an appropriate use of a historic environment asset or is appropriate enabling
development to secure the future of historic environment assets;
v. is demonstrated to be necessary to support the sustainable management of a
viable rural business or croft, and there is an essential need for a worker
(including those taking majority control of a farm business) to live permanently
at or near their place of work;
vi. is for a single home for the retirement succession of a viable farm holding;
vii. is for the subdivision of an existing residential dwelling; the scale of which is in
keeping with the character and infrastructure provision in the area; or
viii. reinstates a former dwelling house or is a one-for-one replacement of an
existing permanent house.
Relevant to the proposal is criteria (vi) a single home for the retirement succession of
a viable farm holding. LDP2 is silent on homes for retirement succession. 
Further policy consideration is NPF14: Design, Quality and Place which promotes
well designed development which is consistent with the six qualities of successful
places. This algins with LDP2 Policy 1A and 1B Placemaking, which states
development must contribute positively to the quality of the surrounding built and

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natural environment.  All development should be planned and designed with
reference to climate change, mitigation and adaptation. The design, density and
siting of development should respect the character and amenity of the place.
Proposals should also incorporate new landscape and planting works appropriate to
the local context and the scale and nature of the development.
Also relevant is NPF4 Policy 9 b) which states proposals on greenfield sites will not
be supported unless the site has been allocated for development or the proposal is
explicitly supported by policies in the LDP.
The key policies are considered further in the report below.
Rural Homes
Scale, Siting and Design
NPF4 Policy 17 and LDP2 Policy 19 support proposals for new homes in rural areas
which are suitably scaled, sited and designed to be in keeping with the character of
the area. LDP2 Housing in the Countryside Supplementary Guidance (2020)
provides further guidance and outlines proposals must demonstrate that the site
chosen is the best possible option in terms of the fit within the landscape and reflects
the traditional pattern and character of the area. Proposals are required to
demonstrate that it meets the following criteria when viewed from surrounding
vantage points - it blends sympathetically with landform; it uses existing trees,
buildings, slopes or other natural features to provide a backdrop; it uses an
identifiable site with long established boundaries which separates the site naturally
from the surrounding ground; and it will make a positive contribution to the
surrounding landscape. 
The applicant’s Design Statement (Document 06) notes the site achieves the flattest
area for the applicant and the undulation of the land also provides some natural
coverage and privacy from the main commuter route, the A911 (500m to the south).
The supporting statement highlights that the proposed plot is set apart from the main
business facilities, on land hidden at the crest of a hill, reducing noise impact from
working farm business, utilising existing drystone walls and mature vegetation as
boundary treatments, as well as maximising views out towards Loch Leven. 
Planning response - the application site is open agricultural land with a timber shed
and is used for grazing horses. Mature trees on the north side of a track to the rear
of the site provide a backdrop however it lacks full enclosure and long-established
natural boundaries which separates the site naturally from the surrounding ground as
required by the Supplementary Guidance. The supporting information does not fully
consider other discounted sites nearer to the hub of the farming and equestrian
activity. The site is located 300m north of the cluster of farm buildings and is distant
from the hub of the farming operation. Planning considers there is a more
appropriate site for a dwellinghouse closer to the cluster of farm buildings. 
The proposal does not demonstrate this is the best possible option in terms of the fit
within the landscape and it does not reflect the traditional pattern and character of
the area.

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The Design Statement outlines the proposal for an eco-friendly, thermally efficient
dwellinghouse. The dwellinghouse will be of high quality and contemporary design
which will interpret and integrate the traditional rural vernacular of its context. It
states this will be achieved by using appropriate materials which will respect and
reinforce local character and keep features such as the traditional high-pitched roofs.
Any existing trees within the plot 
curtilage will be kept, and new planting will be native.
Planning response - the detail of the design and layout would be subject to a further
detailed application.  
The statement notes Kinneston Stables is situated directly east of Scotlandwell on
the north side of A911, just under a kilometre from Scotlandwell’s main street. 
Planning response - there is no supporting information to demonstrate consideration
has been given to the applicant living in Scotlandwell given the proximity of this
settlement identified in LDP2, or to any of the other properties within the applicants
control. 
The proposal is contrary to NPF4 Policy 17 Rural Homes and LDP2 Policy 19 and
associated Housing in the Countryside Supplementary Guidance (2020).
In respect of national and local placemaking policies, an indicative site plan shows a
building footprint of 200 sqm (approx.) within a plot measuring 2429 sqm. The
residential plot is distant from the cluster of buildings forming the farming unit which
includes Kinneston House and cottages within a working yard and is not in keeping
with the rural character of the site and surrounding area. The proposal does not
satisfy NPF4 Policy 14: Design, Quality and Place and LDP2 Policy 1: Placemaking.
Farm Succession
The Design Statement reports the intention for the dwelling to be used as the
applicant's main accommodation when he succeeds his parents upon their
retirement, to continue the running of Kinneston Stables and Kinneston Farming
Company. The current owners occupy Kinneston House and do not plan to move
upon their retirement. The proposed dwelling would assist in reducing commuter
time and allow for a more sustainable quality of life, with minimal impact on the day-
to-day operations of the business and business facilities. 
NPF4 Policy 17 a) criteria (vi) allows for a single home for the retirement succession
of a viable farm holding. LDP2 is silent on homes for retirement succession.
The applicant’s Planning Statement (Document 07) highlights succession planning is
a crucial part of farm and estate management helping to sustain rural businesses
over time and retaining population and employment in the countryside and therefore
contributing to the rural economy. It notes this importance has been recognised in
NPF4 Policy 17 Rural Homes where planning policy support will be given for
accommodation in the countryside which enables farm succession. 
In response, a key part to NPF4 Policy 17 a) is that support will be given for new
homes in rural areas where the proposed dwelling is suitably scaled, sited and

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designed to be in keeping with the character of the area and the development meets
key criteria with criterion (vi) retirement succession relevant. As noted earlier in the
report, the site is located 300m north of the cluster of farm buildings which includes
Kinneston House and is distant from the hub of the farming operation. Planning
considers there is a more appropriate site for a dwellinghouse closer to the cluster of
farm buildings. The proposal does not demonstrate this is the best possible option in
terms of the fit within the landscape and it does not reflect the traditional pattern and
character of the area. The proposal does not therefore satisfy NPF4 Policy 17 a). 
Housing in the Countryside Supplementary Guidance (HitC Supplementary
Guidance) – 
Scope for renovating, converting or redeveloping any existing houses or non-
domestic buildings
The HitC Supplementary Guidance states that applicants must also provide evidence
that consideration has been given to the scope for renovating, converting or
redeveloping any existing houses or non-domestic buildings within their landholding
with an explanation as to why this option has not been pursued, for example, through
the submission of a development viability statement.
The applicant’s Planning Statement responds to this and in terms of non-domestic
buildings reports all of these are fully used for the farm and horse training purposes
comprising stables, garages and offices. They are not available for conversion and if
they were, they would not be appropriate in terms of their scale, construction or
location in the middle of the working yard. Also, it is not considered that it would be
cost effective or viable to convert these older buildings to provide modern living
accommodation which could satisfy current building standards or take advantage of
renewable energy sources such as solar gain. With regard to other dwellinghouses
on the farm there a currently four of these and they are all occupied by people
working in the farm business.
In response, the existing buildings and their use has been addressed. However, in
respect of the appropriateness of their location, it is noted that the current owner of
the farming business resides in Kinneston House located in the middle of the
working yard and the other four dwellinghouses are all located within the cluster of
farm buildings and working yard and occupied by people working in the farming
business. The case regarding appropriateness of the location is therefore weak. 
The HitC Supplementary Guidance also states the following will be taken into
account in considering proposals for new housing to support an existing rural
business - 
Changes in the business over the last 5 years – applicants may be required to
confirm whether any houses or buildings associated with the business have been
sold off which could instead have been renovated or converted to provide
accommodation.
The Planning Statement notes two planning consents at West Bowhouse which were
associated with Kinneston Farm and raised as part of the pre-application response -
a proposal for 2no houses was approved 20/00231/FLL.  It reports that residential

Page 24

accommodation at West Bowhouse is not available for this proposal as the consents
were sold and the money from them was re-invested in the Kinneston business. The
applicant has stated that it would not have been possible to create the current scale
of business without the proceeds from these sales.
Distance of the house from animals or livestock - it will generally be appropriate for a
farm workers house to be located close to livestock for animal welfare reasons.
Some other non-farming businesses, for example, a kennels or equestrian business
may also require workers to live on-site. 
The Planning Statement highlights the proposed site location is close to the main
training grounds as indicated on the Framework Plan (Document 02). The
remoteness of the site from the farming operation and other dwellinghouses is
highlighted in the report. It is considered there are more suitable sites for a
dwellinghouse within the landholding should this be demonstrated to be necessary. 
Whether the size of the house is appropriate – if the new house is to provide a
second residential unit for the farm or business rather than being the main house,
the scale should reflect this.
The proposed plot is large at 2439 sqm. As noted in the HitC Supplementary
Guidance ‘Whilst each application has to be considered on its own merits it may, in
some cases, be appropriate to consider the likelihood of further applications for new
housing, for example, arising from the subdivision of a farming unit.’ There is scope
for further development on the application site. 
Greenfield Site
The application site is a greenfield site. It has not been allocated for development
and it is not explicitly supported by policies of the LDP2. The proposal is therefore
contrary to Policy 9 b) of NPF4. 
Roads and Access
Transportation and Development have no objection to the proposal subject to the
submission of a detailed application providing full details on the access, parking and
turning facilities to ensure the proposal satisfies NPF4 Policy 13 Sustainable
Transport and LDP2 Policy 60B. This would be controlled by condition.
Drainage and Flooding
The site is not in a flood risk area. Full details of surface water and foul drainage
would be required with a detailed application to fully satisfy national and local
planning policy. This would be controlled by condition. 
Natural Heritage and Biodiversity
The applicant’s Planning Statement reports no trees would be removed to enable the
development and as part of the development tree planting of native species within
the site is proposed which will create new habitat and enhance the existing

Page 25

biodiversity in the vicinity in line with national and local planning policy on the natural
heritage and biodiversity. This would be controlled by condition. 
Developer Contributions
The Developer Contributions Guidance is not applicable to this application and
therefore no contributions are required in this instance.
Economic Impact
The economic impact of the proposal is likely to be minimal and limited to the
construction phase of the development.
VARIATION OF APPLICATION UNDER SECTION 32A 
This application was not varied prior to determination, in accordance with the terms
of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended.  
PLANNING OBLIGATIONS AND LEGAL AGREEMENTS
None required.  
DIRECTION BY SCOTTISH MINISTERS
Nonapplicable 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 
1. The proposal does not satisfy the siting and design criteria set out in national
and local planning policy for new homes in rural areas. The site lacks full
enclosure and long-established natural boundaries which separates the site
naturally from the surrounding ground and is distant from the cluster of
buildings on the farm which includes the main farmhouse and other residential
properties. The proposal does not respect the character and amenity of the
place. The proposal does not satisfy the requirements of NPF4 Policy 14:
Design, Quality and Place, NPF4 Policy 17 Rural Homes and LDP2 Policy 1:
Placemaking and associated Supplementary Guidance (2020) and LDP2
Policy 19 Housing in the Countryside and associated Supplementary
Guidance (2020).

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2. This is a greenfield site and it has not been allocated for development and it is
not explicitly supported by policies of the Perth and Kinross Local
Development Plan 2 (2019). The proposal is therefore contrary to NPF4
Brownfield, Vacant and Derelict Land and Empty Buildings Policy 9 b).
Justification
The proposal is not in accordance with the Development Plan and there are no
material reasons which justify departing from the Development Plan.
Informatives
None.
Procedural Notes
Not Applicable.
PLANS AND DOCUMENTS RELATING TO THIS DECISION
01
02
03
04
05
06
07
08
09
10
11
12
13

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0m
Scale Bar ~ 1:1250
20m 40m 60m 80m 100m
0m
Scale Bar ~ 1:10
0.25m 0.5m 0.75m 1m 0m
Scale Bar ~ 1:20
0.5m 1m 1.5m 2m 0m 1m 2m 3m 4m 5m
Scale Bar ~ 1:50
0m 1m 2m 3m 4m 5m 6m 7m 8m 9m 10m
Scale Bar ~ 1:100
0m
Scale Bar ~ 1:200
5m 10m 15m 20m 0m
Scale Bar ~ 1:500
10m 20m 30m 40m 50m
PROJECT
REVISION
CLIENT
TITLE
REV.
START DATE
No.
DRAWN
INITIALDATE SUFFIX
CHECKEDSCALE @ A1
REPRODUCTION OF THESE DRAWINGS BY COPYING OR PRINTING IS CARRIED OUT AT YOUR OWN RISK, PLEASE REFER TO
ASSOCIATED SCALE BAR. DO NOT SCALE FROM THESE DRAWINGS FOR CONSTRUCTION PURPOSES. ANY DISCREPANCIES SHOULD
BE IMMEDIATELY RAISED WITH AC ARCHITECTS
LEWIS HOUSE, UNIT 213, EAST WAY
HILLEND IND EST, DUNFERMLINE
FIFE, KY11 9JF, SCOTLAND
t - 03333 444 217
e - info@acarchitects.biz
w - www.acarchitects.biz
Drawn ByCommentDateRev ID
499 - PL 105
ACC
Framework Plan
Pre-Application Enquiry
Mr Kit Alexander
Proposed Dwelling on Potential
Plot at Kinneston Stables,
Scotlandwells, Kinross, KY6
3JJ
ROD1:2000 April 23'
ALL DIMENSIONS TO BE CONFIRMED ON
SITE PRIOR TO CONSTRUCTION
KNR2744 Page 6 of 12
KNR2744 Page 7 of 12
SITE
STAFF
PARKING
1
2
4
3
7
5
6
8
VEGETABLE
GARDENS
TENNIS COURT
FARMLAND
FARMLAND
FARMLAND
FARMLAND
TRAINING GROUNDS
TRAINING GROUNDS
UNUSED
GROUND
N
499 - Rural Location Plan 1:2000
DENOTES LAND IN APPLICANT'S
FAMILY OWNERSHIP
DENOTES SITE AREA
KEY:
DENOTES EXISTING WOODLAND
FOR BIODIVERSITY
DENOTES GRAZING FIELDS FOR
SUMMER.
DENOTES WINTER TURNOUT
FOR EQUINE WELFARE.
DENOTES WINTER AND
SUMMER GRAZING GROUND.
DENOTES TRAINING GROUNDS,
UNDER INTENSE USE.
1
2
3
4
5
6
7
8
BUILDING LEGEND:
KINNESTON HOUSE. OCCUPIED BY
THE CURRENT OWNER OF
KINNESTON STABLES.
KINNESTON STABLES MAIN
FACILITIES. AREAS OF BARNS TO
ACCOMMODATE HORSES.
OCCUPIED COTTAGE.
ADDITIONAL STABLES TO
ACCOMMODATE HORSES.
KINNESTON COTTAGES.
HAY STORAGE WAREHOUSE
VEHICLE GARAGES.
ADDITIONAL STABLES TO
ACCOMMODATE HORSES.
DENOTES FIELD AREA FOR
GROWING HAY.
PLANNING

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