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(b) Planning Decision Notice, Report of Handling and Reference Documents (Pages 111-132)

Perth and Kinross Council · 11 November 2024
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4(i)(b) 
LRB-2024-36 
LRB-2024-36
24/00695/FLL - Erection of a dwellinghouse and associated
works, land 100 metres north west of Inchadney, Old
Amulree Road, Kenmore, Aberfeldy 
PLANNING DECISION NOTICE 
REPORT OF HANDLING 
REFERENCE DOCUMENTS (part included in
applicant’s submission, pages 34-110)

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REPORT OF HANDLING  
DELEGATED REPORT  
Ref No 24/00695/FLL
Ward No P4- Highland
Due Determination Date 15th July 2024 
Draft Report Date 28th May 2024
Report Issued by Alan Atkins Date  15.07.2024   
PROPOSAL:  Erection of a dwellinghouse and associated works    
LOCATION:  Land 100 Metres North West Of Inchadney  Old Amulree
Road Kenmore  Aberfeldy  PH15 2HE  
SUMMARY:  
This report recommends refusal of the application as the development is considered
to be contrary to the relevant provisions of the Perth and Kinross Local Development
Plan 2019 and there are no material considerations apparent which justify setting
aside the Development Plan.  
BACKGROUND AND DESCRIPTION OF PROPOSAL  
The proposed site is located on the South side of Loch Tay near the village of
Kenmore. It is a rough area of garden ground once associated with the listed
Inchadney House sitting in an elevated position 90m to the South East. There is no
visual connection between the site and Inchadney House due to the level difference
and dense foliage. The site, historically, has been used as extended informal garden
ground for Inchadney House beyond the position of the formal gardens as
demonstrated on the 1843 to 1882 historical map, when Inchadney was a Manse.
The area is now overgrown rough garden ground and well defined between the road
and Inchadney with a drystane dyke to the South west, a fence and informal planting
to the North East Boundary. The site is located in a position offering prominent views
across Loch Tay to the North West. The land around the site is mainly used as
agricultural land for farming. 
SITE HISTORY  
15/00536/IPL – Erection of a dwelling house ( in principle). Refused   26.05.2015 
PRE-APPLICATION CONSULTATION  
Not applicable to this application.  
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 1: Tackling the Climate and Nature Crises  
Policy 2: Climate Mitigation and Adaptation  
Policy 3: Biodiversity  
Policy 4: Natural Places  
Policy 6: Forestry, woodland and trees  
Policy 14: Design Quality and place  
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 principal policies are:  
Policy 1A: Placemaking  
Policy 1B: Placemaking  
Policy 5: Infrastructure Contributions  
Policy 19: Housing in the Countryside  
Policy 39: Landscape  
Policy 40A: Forestry, Woodland, and Trees: Forest and Woodland Strategy  
Policy 40B: Forestry, Woodland, and Trees: Trees, Woodland, and Development  
Policy 41: Biodiversity  
Policy 60: Transport standards and accessibility requirements

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Statutory Supplementary Guidance  
 Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted
in 2021)
 Supplementary Guidance - Forest & Woodland Strategy (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 - Loch Leven SPA, the Dunkeld-Blairgowrie Loch Leven
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 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  
Creating Places 2013  
Creating Places is the Scottish Government’s policy statement on architecture and
place. It sets out the comprehensive value good design can deliver. It notes that
successful places can unlock opportunities, build vibrant communities and contribute
to a flourishing economy and set out actions that can achieve positive changes in our
places.  
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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CONSULTATION RESPONSES  
External 
Scottish Water 
No objection. The applicant should be aware that this does not confirm that the
proposed development can currently be serviced. There is currently sufficient
capacity in the Kenmore Water Treatment Works to service your development. 
Single house developments, unless utilising private water or drainage sources, are
required to submit a Water Connection Application and Waste Water Application via
the Customer Portal to allow Scottish Water to fully appraise the proposals. 
Kenmore Community Council 
The community Council have objected to the proposed development on the following
grounds:  
 Contrary to LDP2 policies.
 Road safety concerns, particularly over access arrangements and sightlines.
 Over-development.
 No construction methodology.
 Visual impact on the local landscape.
 Inadequate environmental mitigation measures being proposed.
 No sewage treatment provision. 
Perth and Kinross Heritage Trust 
With respect to archaeology and the planning process, as outlined by NPF4, the
proposed development does not raise any significant issues. No archaeological
mitigation is required in this instance 
Internal 
Transportation And Development 
Vehicle access to the site is proposed via a proposed new vehicle access onto the
public road (the C451, and the National Cycle Route 7). The applicant is proposing
to upgrade the track with tarmac plannings on top of hardcore. Formation of the
vehicle access shall be to the standards of Perth and Kinross Council in the interests
of protecting the public road. 
A condition is recommended for the formation and maintenance of visibility splays
onto the public road. The applicant has demonstrated that sufficient parking facilities
have been provided on site to serve the dwellinghouse and turning facilities have
also been provided. 
Development Contributions Officer 
This proposal is within the catchment of Kenmore Primary School. Education &
Children’s Services have no capacity concerns in this catchment area at this time.
Furthermore, there are no other contributions required as a result of this application.

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Environmental Health (Noise / Odour) 
No objection. Any consent issued shall include a condition relating to a maximum
noise rating for all plant and equipment. There is also an informative recommended
relating to the proposed wood burning stove. 
Biodiversity/Tree Officer 
No detailed information has been provided on how many trees will be retained and
how they will be protected. The development site is within 20m of the River Tay
Special Area of Conservation (SAC). An assessment of the impact of the
development on the River Tay SAC, and evidence of use of the mitigation hierarchy
to avoid, reduce and compensate, is required. An Invasive Non-Native Species
Control Plan should be produced for the eradication and control of species on the
site. 
Furthermore, no details of biodiversity enhancement have been provided. Overall,
the submitted information is insufficient to allow a full assessment of the proposals,
and what has been submitted is not in accordance with legislation, policy and
guidance.  
REPRESENTATIONS  
One representation was received. The main points of objection are summarised as
below:  
 Adverse effect on visual amenity.
 Contrary to LDP2 policies.
 Flooding risk.
 Inappropriate land use.
 Loss of trees.
 Out of character with the surrounding area.
 Road safety concerns.
 Over - development.  
Additional Statements Received:  
Screening Opinion  Not Required
Environmental Impact Assessment (EIA):
Environmental Report
Not Required
Appropriate Assessment under Habitats
Regulations
AA Not Required
Design Statement or Design and Access
Statement
Submitted
Report on Impact or Potential Impact eg Flood
Risk Assessment
Tree and Protected Species
Report Submitted  
APPRAISAL  
Sections 25 and 37 (2) of the Town and Country Planning (Scotland) Act 1997
require that planning decisions be made in accordance with the development plan

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unless material considerations indicate otherwise.  The Development Plan comprises
NPF4 and the Perth and Kinross Local Development Plan 2019.  The relevant policy
considerations are outlined in the policy section above and are considered in more
detail below.  In terms of other material considerations, involving considerations of
the Council’s other approved policies and supplementary guidance, these are
discussed below only where relevant.    
The determining issues in this case are whether; the proposal complies with
development plan policy; or if there are any other material considerations which
justify a departure from policy.  
Policy Appraisal  
From a general perspective of principle, Policy 17 Rural Homes of NPF4 does
outline the criteria against which rural homes may be considered acceptable. 
However, in this instance, the proposal would not meet any of the defined criteria. 
Furthermore, given its impact upon existing tree and biodiversity assets, it would not
be considered to be appropriate from a perspective of siting, or the character of the
area.  
LDP2 Policy 19: Housing in the Countryside states that the Council will support
proposals for the erection, or creation through conversion, of single houses and
small groups of houses in the countryside which fall into at least one of the following
categories: 
(1) building groups; 
(2) infill sites;
(3) new houses in the open countryside on defined categories of sites as set out in
Section 3 of the Supplementary Guidance; 
(4) renovation or replacement of houses; 
(5) conversion or replacement of redundant non-domestic buildings;
(6) development on rural brownfield land. 
In addition, proposals should comply with the guiding principles contained in the
Council's current Guidance on the Siting and Design of Houses in Rural Areas and
subsequent detailed design guidance. The proposal should also demonstrate how
they will make a positive contribution to the biodiversity of the site. The proposal, in
terms of scale, layout and design should also be appropriate to, and have a good fit
with, the landscape character of the area in which it is located and demonstrate a
specific design approach to achieve integration with its setting.  
Following assessment of the application, the proposals are not considered to be
acceptable in terms of any of the categories as defined by NPF4 Policy 17 Rural
Homes; LDP2 Policy 19: Housing in the Countryside, and the current guidance on
houses in the countryside. 
Design and Layout  
The proposed house plot is roughly rectangular in shape, with a steep north facing
slope. The size and location of the application site is considered unsuitable for a
dwelling. Such a development would have a significant impact on the character of
the area and the surrounding landscape. LDP2 Policy 1A: Placemaking requires

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development to contribute positively to the quality of the surrounding built and natural
environment, respecting the character and amenity of the place. A dwelling in this
location would not provide a positive contribution to the character and appearance of
the surrounding area and its  landscape. At present, the site is covered by woodland
which is in keeping with the site’s rural character. However, this would be negatively
impacted by the erection of a dwellinghouse on the site. The siting of any dwelling on
this site would require significant cutting of the slope, and clearance of
trees/vegetation in order to provide access on to the public road to the north of the
site.  
Similarly, the proposal would also be contrary to Policy 14 Design, quality and place
of NPF4, as it would not be considered to improve the quality of an area through
either amenity or character.  
With regards to the siting criteria of LDP2 Policy 19: Housing in the Countryside , the
site presently has three defined boundaries but the south boundary is undefined. It is
also unclear how the site, which is located next to a public road and positioned
above Loch Tay, would be able to provide any degree of enclosure for a
dwellinghouse. A dwellinghouse on this site would, therefore, fail to blend
sympathetically with the existing land form and would  have a detrimental impact on
the character and appearance of the surrounding landscape. In conclusion, a
dwelling house on this site would not comply with relevant design criteria of either
NPF4 policy 14 or LDP2 policy 1, nor the siting criteria of LDP2 Policy 19: Housing in
the Countryside and NPF4 Policy 17: Rural Homes. 
Trees, Landscape and Biodiversity 
The site is set on a hillside to the south of Loch Tay. There are a number of trees
within the site and along its boundaries.  While there is a clear lack of supporting
information in the form of a tree survey or any ecological walkover survey for the site
as noted by the Council’s biodiversity officer, it can still be concluded that the
development of a house on this site would be detrimental to the established
landscape setting, would result in unnecessary tree loss and have an adverse impact
on the landscape character of the area. Any development of the site and creation of
road access would lead to the loss of trees, plants, and shrubs. Furthermore, there
have been no tree protection measures outlined in the Tree and Protected Species
Survey. In addition, LDP2 Policy 41: Biodiversity states that a proposal should
demonstrate how it will make a positive contribution to the biodiversity of the site. At
present, there are no proposals to support biodiversity through biodiversity
enhancements within the site.  This being the case, the proposed development is
contrary to LDP2 Policies 40 Forestry woodlands and trees and 41: Biodiversity as
well as NPF4 Policies 3: Biodiversity and 6 Forestry woodlands and trees.  
Residential Amenity  
The site is in a rural location, with the only neighbouring property being the existing
residence of “Inchadney”. No concerns have been raised in terms of the proposal’s
impact on the residential amenity of neighbouring properties However, given the
existing site constraints and topography of the site, it is unlikely that any new
residential development would be able to provide sufficient garden ground. As the
site is on a steep slope and requirements regarding the provision of parking and
turning space need to be met, there will be a very limited space remaining for

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garden/amenity ground. For a property of this size, 100 sq metres of amenity land is
considered suitable, but, in this instance, it is unlikely that this can be achieved. The
alteration of the slope will have a significant impact on the areas character and any
residential development without an appropriate level of private garden ground will not
be in keeping with the established character of the area. 
Visual Amenity  
The site would be separated from Inchadney by existing trees and it is likely any
dwellinghouse would not be visible from Inchadney due to the site’s position at the
bottom of a steep slope. This, together with the existing boundary of post and wire
fencing, trees and a stone wall, provides some enclosure. However, given the site’s
position adjacent to a public road, and on a rural hillside above Loch Tay, any
dwelling could be visible from the surrounding area. This would have a detrimental
visual impact on the wider character of the area which is defined by strong natural
landscape alongside the road.  
Roads and Access  
The applicant proposes taking road access from an existing access onto the public
road which runs along the site’s northern boundary. Whilst there is an existing
access it will need significant upgrading to provide safe and suitable access for
vehicles. The transportation officer has not objected to the proposals subject to
conditions, including the creation of a visibility splay and requirements relating the
access roads gradient. The applicant may be able provide the required visibility splay
on this section of road but there are some concerns in terms of the visual impact of
the visibility spays. The provision of the visibility splay and parking/driveway
requirements will lead to the loss of trees and grassland in the north of the site which
will be detrimental to the overall amenity and character of the area.  Notwithstanding,
it has the potential to accord with the technical requirements of LDP2 policy 60:
Transport standards and accessibility requirements  
Drainage and Flooding  
Whilst there are no flood risks designations at this site, concerns have been raised
regarding the potential impact of the development on an existing water course and
Loch Tay.  However, given that the general principle of the development has not
been established, it would have been unreasonable to seek further information in this
regard.  
Developer Contributions  
In this instance, there are no requirements for any developer contributions in
accordance with LDP2 Policy 5 Developer Contributions nor the associated
Supplementary Guidance.  
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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VARIATION OF APPLICATION UNDER SECTION 32A 
This application has not been 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  
None applicable to this proposal.  
CONCLUSION AND REASONS FOR DECISION  
In conclusion, the application must be determined in accordance with the adopted
Development Plan unless material considerations indicate otherwise. In this respect,
the proposal is considered to fail to comply with the relevant policies of NPF4, and
the adopted Perth and Kinross Local Development Plan 2019. Full account has been
taken of material considerations and there are none that would justify overriding the
adopted Local Development Plan. On that basis, the application is recommended for
refusal.  
Reasons for Refusal  
1. The proposal is contrary to NPF4 Policy 14 Design quality and place and
LDP2 Policy 1A: Placemaking of the adopted Perth and Kinross Local
Development Plan 2019, as an additional dwelling in this location would not
contribute positively to the quality of the surrounding area in terms of
character, amenity or natural heritage.  
2. The proposal is contrary to NPF4 Policy 17: Rural Homes and LDP2 Policy
19:  Housing in the Countryside, of the adopted Perth and Kinross Local
Development Plan 2019, the Council's Housing in the Countryside
Supplementary Guidance 2020 and. The proposal fails to satisfactorily comply
with any of the categories (1) Building Groups, (2) Infill Sites, (3) New Houses
in the Open Countryside, (4) Renovation or Replacement of Houses, (5)
Conversion or Replacement of Redundant Non Domestic Buildings, and (6)
Rural Brownfield Land.  The site is located within the garden grounds of an
existing dwellinghouse but is not considered to be a country house/estate.  
3. Given that there has not been any assessment provided of the potential for
the loss of trees, nor the potential for tree protection, insufficient information
has been provided to assess the proposal against the relevant development
plan policies.  The proposal is therefore contrary to LDP2 Policy 40A:
Forestry, Woodland and Trees: Forest and Woodland Strategy and NPF 4
Policy 6: Forest, Woodland and Trees.  
4. Given that there has not been any assessment provided of the potential
impacts of the development on the River Tay Special Area of Conservation
(SAC), and that no details regarding biodiversity enhancement have been

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submitted, insufficient information has been provided to assess the proposal
against the relevant LDP2 and NPF4 policies. Therefore , the  proposed
development is contrary to LDP2 Policy 41: Biodiversity and NPF4 Policy 3:
Biodiversity.  
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  
Not applicable  
Procedural Notes  
Not Applicable.  
PLANS AND DOCUMENTS RELATING TO THIS DECISION  
01,02,03,04,05,06,07

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