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(c) Representations (Pages 133-202)

Perth and Kinross Council · 11 November 2024
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4(i)(c) 
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 
REPRESENTATIONS

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Mr John Nevin (Objects) 
Comment submitted date: Mon 10 Jun 2024 
With regards to Skorpa Ecology report ,I would comment as follows ,Tree 1 is a
European silver fir ,Abies alba not a Wellingtonia as stated on another plan a Sita
spruce and Deodar cedar are referred to as firs .Both in excess of 20metres directly
above build site on the embankment they wish to part dig out . I note comments
about nesting bird season as the photos on page 37,38,49 and 50 show the cut
remains and fires of tree cut down during march when the applicant started to clear
the site . 
Pine martins , red squirrels are seen on a weekly basis and also picked up on
security cameras . An otter has been seen occasionally at the lower gate with roe
and sika deer frequently.And once a wild cat .I fail to see how they could comment
on same after 2 days . 
The plot is at the bottom of a 900ft hill and most of the water drains down to the plot
site ,white butter bur thrives in damp locations and covers the plot along with the
road side thereby absorbing a great deal of water coming down . 
During periods of rain the road directly below site floods .In Bidwells report the last
photo shows the water lying on the road , having damaged the road surface due to
constant flooding . This in winter is an ice hazard and during rain spells cars throw
water on pedestrians. There are no pavement in this location . 
Near the East boundary is un underground stream surfacing 10 meters from the road
this can also be in spate draining directly onto the carriageway. To build on this site
will only increase flooding and damage . 
The entrance to the site as indicated is extremely dangerous to pedestrians, due to
high banking on east side with very restricted vision , pedestrians have to walk down
the road . To date no one has been struck but I fear it's only a matter of time . 
The glebe of Inchadney has been here since 1760 and undeveloped, this plot joins
the two main fields to the east and west and provides an unrestricted wildlife corridor
.
The glebe has been the spiritual home to many residents with some locals being
married here , with only 3 owners in 268 Years 
The development in the area has been massive , and much of the wild life ,Has been
condensed into other parts and the glebe is one of them .Recently it has been noted
that far more wild life is fighting for space in the surrounding area. 
The amount of pedestrian traffic is increasing greatly .With the expansion of the
marina and the amount of staff and visitors to the castle , this small road will only get
busier ,and every one has to walk down the main carriageway as again , there is are
no pavements . 
The old manse is one of the few surviving Georgian buildings in Kenmore and was
built the same time as Kenmore Bridge and having the same architect. John Baxter .

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Who was renowned in his day to build a modern house of this type directly in front of
it , in the original garden ,I feel detracts from the original plans and designs of Baxter. 
I have lived here for nearly 9 years , hence I can confidently comment on the wildlife
.
For the above reasons I object to the proposed development

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POS REFERENCE: -
POS-P-0090---Land 100 Metres North West Of
Inchadney Old Amulree Road Kenmore Aberfeldy
PH15 2HE24/00695/FLL
OBJECTION TO PLANNING APPLICATION ON
BEHALF OF MR J NEVIN
REFERENCE: - 24/00695/FLL
ADDRESS: - Land 100 Metres North West Of
Inchadney Old Amulree Road Kenmore Aberfeldy
PH15 2HE24/00695/FLL
APPLICATION DESCRIPTION: - Erection of a
dwellinghouse and associated works

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2.0 THE APPLICATION  - ERRORS, OMISSIONS AND LACK OF
INFORMATION THE APPLICATION SHOULD NOT HAVE BEEN
VALIDATED.
2.1 The Heads of Planning Scotland (HOPS) – Validation Guidance Note
sets out the national standard for the validation and determination of
planning applications and other related consents.  The application has
been reviewed against this guidance note and it is clear that the
submission falls below the required standards and as a consequence this
application should not have been validated.
Concerns with the Drawings
Location Plan(s)
2.2 The HOPS validation standard on location plans (see section 4
paragraphs 4.1 to 4.5 confirms: -
2.3 A single location plan produced to a scale of either 1:1250 or 1:2500 will
normally be required to be submitted with your application.  Depending
on the location of your application a supplementary location plan may
also be required to be submitted with your application.
2.4 The purpose of the location plan is to clearly define the extent of the
application site in relation to its surroundings and also to provide
sufficient detail in order for ourselves or any other interested party to be
able to locate the application site and, as such, the plans submitted
should typically be Ordnance Survey based.
2.5 If the submitted plan is Ordnance Survey based, it should contain the
relevant copyright and licensing information to demonstrate that the plan
has been legally sourced.  If the submitted plan is not Ordnance Survey
based it should be clearly stated on the plan and also contain an
acknowledgement as to where it was sourced.
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2.6 The location plan produced to either of these scales should show the
following: -
● The application site boundary accurately outlined in RED
● Any other surrounding land under the same ownership as the
application site outlined in BLUE
● Surrounding road names/numbers
● All surrounding property names/numbers
● The direction of north clearly indicated
● A copyright disclaimer/acknowledgement relating to the source of
the plan
● An accurate scale bar
2.7 With regards to supplementary Location Plans the guidance confirms: -
2.8 For applications in rural/remote locations it will often be necessary for a
supplementary location plan to also be required.  These plans can be
submitted in a variety of recognised scales, being 1:5000, 1: 10,000 or 1:
25,000, and should show the following: -
● The application site boundary accurately outlined in RED, although
where this is not possible due to the scale used the location of the
proposed development should be clearly identified with sufficient
detail to cross reference this plan to the more accurate
1:1250/1:2500 plan
● The direction of north clearly indicated
● Road names/numbers should also be clearly shown along with an
indication of the nearest settlements to your proposals
● An acknowledgement relating to the source of the plan
● An accurate scale bar
2.9 The submitted location plan and rural location plans have been reviewed
and it fails to meet the above validation criteria.
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● There is no copyright disclaimer/acknowledgement relating to the
source of either location plan.
2.10 Updated Location plans are required.
Site Plan(s)/Block Plan(s)
2.11 The HOPS standard on Site Plan(s)/Block Plan(s) (see section 6
paragraphs 6.1 to 6.3 confirms: -
2.12 A proposed site plan will be required in all instances where the proposals
involve development on the ground regardless of their proposed purpose.
Depending on the nature of the proposals it may also be required to
submit a copy of an existing site plan. However, your local Planning office
will be able to advise if this will be necessary. A site plan produced to a
scale of 1:100, 1:200 or 1:500 will be acceptable. Site plans are required
as they provide a more detailed and accurate overview of the application
site in terms of the area to be occupied by your proposals and their
relationship to their surroundings.
2.13 As noted above, the following list of what should be shown on your site
plan will not be required in every case and as such reference should be
made to the separate guidance available covering your particular type of
proposal. The submission of part site plans may also be required under
certain circumstance, such as large sites where the actual areas of works
are remote from each other. Contact with your local Planning office is
highly recommended should you be considering submitting only a part
site plan.
2.14 The following list along with the example plan shown in figure 9 on the
next page indicates what may be asked for and how it should be shown:
1. Produced to a scale of either 1:100, 1:200 or 1:500
2. Application site boundary outlined in RED
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3. Any surrounding land owned or controlled by the applicant outlined
in BLUE
4. The direction of north
5. An accurate scale bar
6. All land and buildings located within a 20 metre radius of the
application site boundary identified
7. The accurate footprint/roof plan profile of all existing and proposed
buildings and structures located within the application site with
appropriate annotation to identify them
8. The extent and type of any hard surfacing with the application site
boundary identified. Where this is proposed rather than existing
this should be clearly stated
9. A note of any boundary treatments such as walls and fences
including their height. Where these are proposed rather than
existing this should be clearly stated
10.The access arrangements (vehicular and pedestrian) to the
application site should be clearly shown
11.A written dimension showing the distance from any part of your
proposals to any part of the application site boundary. Note that if
you are proposing multiple buildings or structures then a written
dimension will be required from each
12.Areas of hard and soft landscaping clearly defined
13.If connection to an existing private water supply or private
drainage system is proposed then the connection point to the
supply or system should be clearly annotated within the
application site outlined in RED
14. Where a completely new private water supply or private drainage
system is proposed then the full details of the supply or system
should be clearly annotated within the application site outlined in
RED. This is also the case for alterations/upgrading works to such
supplies or systems
2.15 The submitted proposed block plan has been reviewed and it fails to
meet the above validation criteria: -
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● All land and buildings located within a 20 metre radius of the
application site boundary have not been identified or detailed.
● There are no written dimensions showing the distance from any part
of the proposals to any part of the application site boundary.
2.16 It is worth noting that the requirement for accurate dimensions to be
shown on plans is discussed in the following Scottish Public Services
Ombudsman investigation of Glasgow City Council (see Appendix POS
2.1.2).
Concerns with the Application Redline Boundary
2.17 The HOPS validation document confirms within section 5 that: -
2.18 Where the application relates to new build proposals the whole area
required to accommodate the proposals should be outlined in RED.  This
includes any area which is required for vehicular and pedestrian access,
parking, landscaping, garden ground, private water supply and drainage
facilities, SUDS, visibility splays or any other part of the proposals which
would constitute development should be contained within the single site
outlined in RED.
2.19 With regards to access arrangements it confirms: -
2.20 When your proposals incorporates the formation of a new access which
joins a public road, the entire length of the existing/proposed access road
should be included within the application site boundary shown on the
location and site plans.  This should fully encompass all land required for
the new road or alterations to the existing one, from its bellmouth where it
joins the public road to its entry point(s) to the development site.
2.21 Where you propose alterations to an existing access, the land required to
carry out the alterations should be outlined in red in addition to the site of
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the proposed development itself.  If your site does not adjoin a public
road, you will need to explain in the application how it will be accessed.
We appreciate that in some instances it may not be feasible to accurately
show the full extent or detail of the proposals in either the format or
scaling of the plans and drawings noted elsewhere in this document and
as such the following alternatives should be noted.  Location Plans at a
scale of the most appropriate of the following will be acceptable:
(1:5,000)  (1:10,000)  (1:15,000)  (1:20,000)
2.22 Based on Planning Objections Scotland’s review of the access
arrangements have not been appropriately detailed to meet the HOPS
validation requirements as works to form visibility splays at the site
entrance would mean that works would require the alterations to the
retaining and boundary walls adjacent to the carriageway with works to
the west of the site baffling outwith the redline boundary of the site and
the applicants ownership.
2.23 Planning Objections Scotland note that the inclusion of this additional
area of land to accommodate the visibility splay to the West would require
a fresh application (with a further neighbour notification exercise
undertaken due to the revised boundary).  The revised boundary may
also have ramifications for the land ownership certificate/declaration that
has currently been served, this would require to be updated to confirm
the owner(s) of additional areas of land have been notified correctly.
Elevations
2.24 The HOPS document on Elevations (see section 7) provides details of
the validation standards for existing elevations as well as proposed
elevations.  With regards to proposed elevations: -
2.25 Proposed elevations will be required in the majority of cases where
proposed alterations or extensions will affect the external appearance of
the existing property or structure which is the subject of the planning
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application.  These plans should show all elevations of the proposals and
should be produced to a scale of either 1:50 or 1:100.  The plans should
be sufficiently detailed to give a true representation of the detailing of the
building or structure as it stands at the moment.  Details of the proposed
external finishes should also be shown on the plans.  For clarity this
means any visible underbuild, walls, roof, windows, doors and in certain
instances rainwater goods.  An accurate scale bar should also be
included on your plans along with written dimensions noting height to
eaves and roof ridge and the overall length and breadth of the proposals.
2.26 The proposed elevations have been reviewed and they fall below the
standard prescribed in the HOPS validation standards: -
● There are no written dimensions noting height to eaves and roof ridge
and the overall length and breadth of the proposals.The accuracy of
the scale bar cannot be verified.
2.27 Again, it is worth noting that the requirement for accurate dimensions to
be shown on plans is discussed in the following Scottish Public Services
Ombudsman investigation of Glasgow City Council (see Appendix POS
2.1.2).
Sections and Levels Plans
2.28 The HOPS validation standards on sections and level plans is covered in
(section 10), this stipulates: -
2.29 In certain circumstance and depending on what is being proposed the
planning authority may require additional section or levels plans, these
may be requested as either existing or proposed or both.  Site sections
and site levels plans may be required where your proposals involve a
change in ground level or when you are proposing to develop an uneven
site in order for us to determine how your proposals will interact with their
surroundings.  Section plans may be required as either site sections or
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building sections.  Typically site sections are only requested where there
are significant changes in ground levels proposed to give an accurate
indication of how the site will look compared to how it is at present.
Building sections will typically be required where a new build is proposed
in order to show finished floor levels in order for us to determine the
impact of your proposals on their surroundings.  Below you will find some
further information on each of these plan types.
2.30 Where existing and proposed site sections are required they should be
produced to a scale of either 1:100 or 1:200, the number and location of
where the sections should be taken will depend on the nature of your
proposals.  These plans should also contain an accurate scale bar.
2.31 Where existing and proposed building sections are required they should
be produced to a scale of either 1:50 or 1:100, typically only one section
will be required showing a cross section through each of the existing and
proposed buildings with finished floor levels clearly indicated although
this will depend on the nature of your proposals.  These plan should also
contain an accurate scale bar
2.32 Where existing and proposed site levels plans are required they should
be produced to a scale of either 1:200 or 1:500.  These plans should
contain an accurate scale bar along with showing the direction of north
and clearly identifying a fixed off-site datum point.  Generally, contours
should be shown at 0.5m intervals
2.33 From Planning Objections Scotland review the submission is
substandard for the following reasons: -
● Existing and proposed site sections -  The site has complex
topography. Only one site section is produced. Further site sections
should be sought to clearly illustrate the extent of cut and fill. Site
sections should also illustrate the work required to form the new
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vehicular access and the associated engineering retaining structures
required.
● The existing and proposed site levels plans do not identify a fixed
off-site datum point.
2.34 It is also worth noting that the requirement for accurate information on
site levels and sections has been raised before in the Scottish Public
Services Ombudsman case which investigated Aberdeenshire Council
(see Appendix POS 2.1.4).
2.35 Planning Objections Scotland’s review of the submission thus far has
illustrated a number of shortcomings and based on the HOPS document
the application should not have been validated by the Planning Authority.
It is worth noting that the submission also falls short of the information
required SG Annex D Circular 3/2013 (see Appendix POS 2.1.1).
3.0 LEGAL REQUIREMENTS ASSOCIATED WITH THE PLANNING
APPLICATION ASSESSMENT
3.1 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.
3.2 The operation of section 25 of the Act was given consideration in The
House of Lord's judgement on City of Edinburgh Council v the Secretary
of State for Scotland (1998). If a proposal accords with the development
plan and there are no material considerations indicating that it should be
refused, permission should be granted. If the proposal does not accord
with the development plan, it should be refused unless there are material
considerations indicating that it should be granted. The judgement also
set out the following approach to deciding an application:
● Identify any provisions of the development plan which are relevant
to the decision,
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● Interpret them carefully, looking at the aims and objectives of the
plan as well as detailed wording of policies,
● Consider whether or not the proposal accords with the
development plan,
● Identify and consider relevant material considerations for and
against the proposal, and
● Assess whether these considerations warrant a departure from
the development plan.
The Development Plan
3.3 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act
1997 (as amended) require the determination of the proposal to be made
in accordance with the provisions of the Development Plan, unless
material considerations indicate otherwise. The Development Plan
comprises NPF4 and the Perth and Kinross Local Development Plan
2019. The applicable policies associated with this proposal are as
follows:-
National planning Framework 4 (NPF 4)
● NPF4 Policy 1: Tackling the climate and nature crises
● NPF4 Policy 2: Climate mitigation and adaptation
● NPF4 Policy 3: Biodiversity
● NPF4 Policy 4: Natural places
● NPF4 Policy 6: Forestry, woodland and trees
● NPF4 Policy 7: Historic assets and places
● NPF4 Policy 9: Brownfield, vacant and derelict land
● NPF4 Policy 13: Sustainable transport
● NPF4 Policy 14: Design, quality and place
● NPF4 Policy 17:Rural homes
● NPF4 Policy 20: Blue and green infrastructure
● NPF4 Policy 22: Flood risk and water management
● NPF4 Policy 23:Health and safety
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Perth and Kinross Local Development Plan 2019 (LDP)
● Policy 1A: Placemaking
● Policy 1B: Placemaking
● Policy 2: Design Statements
● Policy 6: Settlement Boundaries
● Policy 15: Public Access
● Policy 19: Housing in the Countryside
● Policy 27: Listed Buildings
● Policy 32: Embedding Low and Zero Carbon Generating
Technology in New Development
● Policy 38: Environment and Conservation
● Policy 39: Landscape
● Policy 40: Forestry, Woodland and Trees
● Policy 41: Biodiversity
● Policy 42: Green Infrastructure
● Policy 47: River Tay Catchment Area
● Policy 52: New Development and Flooding
● Policy 53: Water Environment and Drainage
● Policy 60: Transport Standards and Accessibility Requirements
Material Considerations
3.4 From a review of case law there are two main tests in deciding whether a
consideration is material and relevant:
● It should serve or be related to the purpose of planning. It should
therefore relate to the development and use of land, and
● It should relate to the particular application.
3.5 The following material considerations are applicable in the assessment of
the Planning Application: -
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● National Roads Development Guide
● PAN 61 Sustainable Urban Drainage Systems
● Ciria SUDS Manual (c753)
● PAN 79 Water and Drainage
● BS5837:2012 Trees in Relation to Design, Demolition and
Construction to Construction - Recommendations
● PKC Landscape SPG
● PKC Flood Risk and Flood Risk Assessments
● PKC Housing in the Countryside
● PKC Placemaking
● PKC Planning and Biodiversity
● River Tay SAC Guidance
● Historic Environments Scotland’s Managing Change in the Historic
Environment: Setting.
3.6 The case officer’s Report of Handling should detail and assess all the
relevant planning policies as well as the material considerations as
required by the House of Lord Judgement and as detailed in the following
maladministration cases POS 4.1.2 and POS 4.1.3.
3.7 It is noted that the supporting Planning Statement does not cover all the
applicable policies and material considerations detailed above
Policy Appraisal
3.8 To fully comment on the proposal's relationship with the Development
Plan and associated material considerations further information is
required as discussed in section 2 of this report.
3.9 Planning Objections Scotland’s view, based on the information submitted
to date, is that the proposed development fails to comply with the
development plans.
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NPF4 Policy 1. Tackling the climate and nature crises
3.10 Policy 1 confirms that when considering all development proposals
significant weight will be given to the global climate and nature crises.
3.11 An ecological report has been submitted in support of the application
however the content of the report cannot be reviewed in full as the
formatting of the report results in cut-off sentences which makes it
illegible.
3.12 Our client has reviewed the report (despite the formatting issues) and
notes that the site is regularly used by protected species and biodiversity
(otter and red squirrels) and is of the view that the ecological study
underplays the bio-diversity resource at this site. Notwithstanding this
concern the ecological report does not include any biodiversity
enhancement measures to promote nature recovery and restoration
measures.
3.13 This  policy also seeks to address the global climate emergency. No zero
carbon or climate mitigation is incorporated into the scheme.
3.14 The application does not comply with NPF4 - 1. Tackling the climate and
nature crises.
NPF4 Policy 2: Climate mitigation and adaptation
3.15 This policy seeks to encourage, promote and facilitate development that
minimises emissions and adapts to the current and future impacts of
climate change. There are no details highlighting ho the development has
been sited and designed to minimise lifecycle greenhouse gas emissions
as far as possible (criterion a) or how it has been sited and designed to
adapt to current and future risks from climate change, such as overland
surface water flows (criterion b).
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3.16 The application does not comply with NPF4 - 2: Climate mitigation and
adaptation.
NPF4 Policy 3: Biodiversity
PKC Policy 41: Biodiversity
PKC Planning and Biodiversity SPG
3.17 This policy seeks to protect biodiversity, reverse biodiversity loss, deliver
positive effects from development and strengthen nature networks. This
proposal does not contribute to the enhancement of biodiversity (NPF4
Policy 3 criterion a). No appropriate measures to conserve, restore and
enhance biodiversity are provided, in accordance with national and local
guidance contravening NPF4 Policy 3 criterion c), PKC Policy 41
Biodiversity and the associated PKC Planning and Biodiversity SPG.
NPF4 Policy 4: Natural places
PKC Policy 38: Environment and Conservation
PKC Policy 47: River Tay Catchment Area
PKC River Tay SAC Guidance
3.18 NPF4 Policy 4 seeks to protect, restore and enhance natural assets
making best use of nature-based solutions.
3.19 The site is adjacent to The River Tay Special Area of Conservation (SAC)
which has the highest wildlife accolade as it is designated as an SAC and
is part of the Natura 2000 network – a series of internationally important
wildlife sites throughout the European Union.
3.20 Criterion a) of NPF4 Policy 4 confirms that development proposals which
by virtue of type, location or scale will have an unacceptable impact on
the natural environment, will not be supported. While criterion b) confirms
that development proposals that are likely to have a significant effect on
an existing or proposed European site (Special Area of Conservation or
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Special Protection Areas) and are not directly connected with or
necessary to their conservation management are required to be subject
to an “appropriate assessment” of the implications for the conservation
objectives.
3.21 The Council’s SPG associate with the River Tay SAC provides advice on
the types of appropriate information and safeguards to be provided in
support of planning applications. In this case the extent of engineering
operation (cut and fill) on this steep sloping site will likely result in
increased sediment and a reduction in water quality. No Construction
Method Statement is provided to demonstrate:-
● pollution prevention safeguards, including drainage arrangements
and the possible use of siltation traps, settlement tanks and bunds;
● storage and disposal of materials, including the siting of stockpiles,
use of buffer strips and disposal methods;
● construction site facilities, including extent and location of
construction site huts, vehicle equipment, and materials
compound;
● timing, duration and phasing of construction, particularly in relation
to salmon and lamprey migration/spawning;
3.22 Furthermore the proposal does not link to the mains sewerage system
and instead  incorporates a new private sewerage treatment system. No
ground investigation has been undertaken and no drainage impact
assessment has been provided to evidence that it has been appropriately
designed and whether any direct outfalls to the loch are required.
3.23 Taking the above into account there is insufficient information for the
‘Competent Authority’ to complete an appropriate assessment of the
application. As it stands the proposal conflicts with NPF4 Policy 4: Natural
places and PKC Policy 38: Environment and Conservation, Policy 47:
River Tay Catchment Area and PKC River Tay SAC Guidance.
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NPF4 Policy 6: Forestry, woodland and trees
PKC Policy 40: Forestry, Woodland and Trees
BS5837:2012 Trees in Relation to Design, Demolition and Construction
to Construction - Recommendations
3.24 NPF4 Policy 6a confirms that development proposals that enhance,
expand and improve woodland and tree cover will be supported. This
proposal makes no provision for the enhancement, expansion or
improvement to woodland tree cover; it therefore conflicts with NPF4
Policy 6a.
3.25 Criterion 6b stipulates Development proposals will not be supported
where they will result in:
i. Any loss of ancient woodlands, ancient and veteran trees, or adverse
impact on their ecological condition;
ii. Adverse impacts on native woodlands, hedgerows and individual trees
of high biodiversity value, or identified for protection in the Forestry and
Woodland Strategy;
iii. Fragmenting or severing woodland habitats, unless appropriate
mitigation measures are identified and implemented in line with the
mitigation hierarchy;
iv. Conflict with Restocking Direction, Remedial Notice or Registered
Notice to Comply issued by Scottish Forestry.
3.26 Similar provisions are contained within Policy 40: Forestry, Woodland and
Trees.
3.27 The site and immediate surrounding land incorporates a tree resource
that is particularly important to the landscape setting of South Loch Tay
and the Listed Building Inchadney. The importance of the tree resource is
highlighted in the previous report of handling for the site which refused
application 15/00526/IPL. While a tree survey has been submitted with
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this application our client has noted that some of the trees have been
erroneously identified and on this basis suggests the tree survey should
be reviewed by the Council ‘Tree Officer’.
3.28 As discussed under section 2 of this report the extent of cut and fill has
not been adequately detailed on site sections. Undertaking construction
and engineering works on this site will result in a significant amount of
recontouring and large working area to install retaining features. To fully
understand how construction works and the installation of utilities
(drainage, water supply etc) relate to this site an arboricultural method
statement should accompany the submission to enable a robust
assessment against NPF4 Policy 6: Forestry, woodland and trees, PKC
Policy 40: Forestry, Woodland and Trees and BS5837:2012 Trees in
Relation to Design, Demolition and Construction to Construction -
Recommendations
NPF4 Policy 7: Historic assets and places
PKC Policy 27: Listed Buildings
Historic Environments Scotland’s guidance Managing Change in the
Historic Environment: Setting
3.29 NPF4 Policy 7: Historic assets and places seeks to protect and enhance
historic environment assets and places. Criterion c) confirms that
development proposals affecting the setting of a listed building should
preserve its character, and its special architectural or historic interest.
3.30 Inchadney, the ‘Manse of Kenmore’ is a category C listed building which
sits in an elevated position above the site. The 2015 report of handling
acknowledges that from the listed building views are likely to be minimal.
However, the case officer’s assessment of the 2015 application was
envisaging a modest bungalow, see the second last paragraph under the
‘Policy Appraisal’ heading.  It also notes that the development of the site
would lead to a change in the site's overall character especially if the tree
resource is not maintained.
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3.31 As noted above there is a lack of information on whether this site can be
developed without resulting in a significant impact and loss of the tree
resource at the site. In any case what is proposed under this application
is a modern and imposing two story structure. Taking account of the
guidance within Historic Environments Scotland’s guidance Managing
Change in the Historic Environment: Setting. The proposal is considered
to adversely affect the setting of the category C listed building.
NPF4 Policy 13: Sustainable transport
PKC Policy 15: Public Access
PKC Policy 60: Transport Standards and Accessibility Requirements
National Roads Development Guide
3.32 There has been no provision of low or zero-emission vehicle and cycle
charging points in safe and convenient locations, contrary to NPF4 13b
(iv).
3.33 There is no safe, secure and convenient cycle parking to meet the needs
of users and which is more conveniently located than car parking,
contrary to NPF4 13b (v).
3.34 NPF4 Policy 13 criterion vi) seeks the incorporation of safety measures in
the design and layout of development. Requirements for visibility splays
are contained within the National Roads Development Guide and the
Scottish Government’s Designing Streets document while PKC Policy 60
also seeks appropriate access and egress. In this case the visibility
splays and access arrangements to the site are not adequately detailed
as explained in section 2 of this report.
3.35 Not achieving the required visibility splay will also adversely affect the
safe operation of the National Cycle Route Route 7 along the site
frontage contrary to PKC Policy 15: Public Access.
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NPF4 Policy 9: Brownfield, vacant and derelict land
3.36 This policy encourages, promotes and facilitates the reuse of brownfield,
vacant and derelict land and empty buildings, to help reduce the need for
greenfield development.
3.37 Criterion b) of Policy 9 confirms that 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.
3.38 This is an unallocated site adjacent to the settlement boundary of
Kenmore and there is no explicit support for the proposal as discussed
under the Rural Homes Policy or PKC Policy 19: Housing in the
Countryside and the associated Housing in the Countryside SPG.
NPF4 Policy 14. Design, quality and place
3.39 Policy 14a confirms that development proposals should be designed to
improve the quality of an area whether in urban or rural locations and
regardless of scale.
3.40 Policy 14b notes that development proposals will be supported where
they are consistent with the six qualities of successful places:-
● Healthy: Supporting the prioritisation of women’s safety and
improving physical and mental health.
● Pleasant: Supporting attractive natural and built spaces.
● Connected: Supporting well connected networks that make
moving around easy and reduce car dependency
● Distinctive: Supporting attention to detail of local architectural
styles and natural landscapes to be interpreted, literally or
creatively, into designs to reinforce identity.
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● Sustainable: Supporting the efficient use of resources that will
allow people to live, play, work and stay in their area, ensuring
climate resilience, and integrating nature positive, biodiversity
solutions.
● Adaptable: Supporting commitment to investing in the long-term
value of buildings, streets and spaces by allowing for flexibility so
that they can be changed quickly to accommodate different uses
as well as maintained over time.
3.41 While Policy 14c confirms that development proposals that are poorly
designed, detrimental to the amenity of the surrounding area or
inconsistent with the six qualities of successful places, will not be
supported.
3.42 The lack of information as set out in section 2.0 of this report means that
a detailed assessment of the application cannot be undertaken against
the six qualities of successful places.  Updated drawings are required to
enable a detailed consideration of how the proposal could impact visual
amenity and the qualities of the landscape.
3.43 Based on the information to date the proposed accommodation has not
been designed to improve the quality of this rural area contrary to
criterion (a). It is not considered to meet the aims identified in the ‘six
qualities of successful places’ contrary to criterion (b) and (c), in
particular the dominance of the structure is not considered to create a
‘pleasant’ and attractive built space, it is not ‘distinctive’ or taken account
of local architectural styles or interpreted them in a way to reinforce local
identity, it is not ‘sustainable’ by integrating nature positive and
biodiversity solutions.
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NPF4 Policy 17:Rural homes
PKC Policy 6: Settlement Boundaries
PKC Policy 19: Housing in the Countryside
PKC Housing in the Countryside SPG.
3.44 The site is over 400m out with the settlement boundary of Kenmore, as
defined in the Perth and Kinross Local Development Plan. The
development does not comply with PKC Policy 6 which seeks to contain
development within the settlement boundaries.
3.45 Policy 17 of NPF4 is 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.
PKCpolicy 19 - Housing in the Countryside of the Perth and Kinross Local
Development Plan 2019 (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.
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
22

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3.46 Planning Objection has reviewed the detailed criterion within the SPG
and no support can be gleaned from any category one through to six.
3.47 The applicant’s supporting planning statement considers that support can
be gleaned from Category 1 Building Groups, Category 2 Infill
Development and Category 3.1 original garden ground.
Category 1 Building Groups:-
3.48 For the purposes of this Supplementary Guidance a building group is
defined as 3 or more existing buildings of a size at least equivalent to a
traditional cottage and which, when viewed within their landscape setting,
appear as a group. The majority of the buildings in the group should be
either residential or be suitable for conversion to residential under
Category 5 of this guidance. Premises which are smaller than a traditional
cottage, such as small domestic garages and outbuildings, will not count
towards the requirement for at least 3 buildings.
3.49 The proposed plot does not relate to a building group consisting of 3 or
more existing buildings as it is detached and remote from neighbouring
buildings. It is worth noting that this conclusion was also reached in the
assessment of the 2015 application.
3.50 The site cannot be considered as part of the existing building group at
Inchadeny, the site is detached from existing nearby dwelling houses by
over 70 metres and is only bound to the south by an existing residential
dwelling and gardens. The sites location, with largely open land on either
side would not lead to any dwelling being viewed as part of the existing
group, nor as an extension to any existing building group. Therefore the
proposals are not considered to be in compliance with Policy RD3 (a)
Building Groups.
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Category 2 Infill Developments:-
3.51 The SPG confirms that the development of up to 2 new houses in gaps
between established houses, or a house and another substantial building
at least equivalent in size to a traditional cottage, may be acceptable
where the plot or plots created are comparable in size to the
neighbouring plots and have a similar size of road frontage. There are no
neighbouring houses either side of the plot that share the same road
frontage. The proposal is not an infill development.
Category 3.1 Existing Gardens:-
3.52 This category is only applicable to new house or houses within a walled
garden (which is not applicable here) or new house or houses within the
original garden ground associated with an existing country or estate
house.
3.53 A country or estate house is defined as a large house set within its own
estate or extensive grounds. This section does not apply to domestic
scale gardens or where gardens have been created at a later date, for
example, by the change of use of agricultural land to garden ground.
Incdaney is not considered to be a country or estate house meeting this
definition. This conclusion was also reached in the assessment of the
2015 application.
3.54 Under section 3.1 a) of the Supplementary Guidance consideration can
be given to new dwellings in an established garden. New dwellings may
be appropriate in established gardens, associated with a country/estate
house, which provide an appropriate landscape setting, but where
development would not fundamentally affect the qualities and integrity of
the site. The site is a mixture of garden ground and self-seeded/rough
grassland and trees, with a maintained grass path cutting across the site.
Inchadney is not considered as a country/estate house given the overall
modest size of Inchadney and overall site area of 1.3 hectares, including
24

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application site, garden ground, Inchadney and Hill House as shown on
drawing 15/00536/1. Further to this, the erection of a dwelling within the
existing garden/wooded area would have a significant impact on the
qualities and character of the area. Inchadney and the wider sites
character is considered to be in keeping with the established character of
dwellings in the surrounding area, dispersed developments of individual
properties with large gardens. These characteristics would be
detrimentally impacted by the proposals. The grass and trees presently
on the site also add to the character of the area, on this sloping site which
is within 15m of Loch Tay at its nearest point. Whilst the present ‘in
principle’ application suggests a dwelling could be placed within the site,
even a modest bungalow would require cutting of the slope which is
considered to have an unacceptable impact on the character of the local
area.
3.55 Taking the above into account no support can be gleaned from NPF4
Policy 17:Rural homes, PKC Policy 6: Settlement Boundaries PKC Policy
19: Housing in the Countryside and PKC Housing in the Countryside
SPG.
NPF4 Policy 20: Blue and green infrastructure
NPF4 Policy 22: Flood risk and water management
PKC Policy 42: Green Infrastructure
PKC Policy 52: New Development and Flooding
PKC Policy 53: Water Environment and Drainage
3.56 Policy 20 (a) notes that development proposals that result in
fragmentation or net loss of existing blue and green infrastructure will only
be supported where it can be demonstrated that the proposal would not
result in or exacerbate a deficit in blue or green infrastructure provision,
and the overall integrity of the network will be maintained.
3.57 While 20 (b) stipulates that development proposals for or incorporating
new or enhanced blue and/or green infrastructure will be supported.
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Where appropriate, this will be an integral element of the design that
responds to local circumstances.
3.58 In this case the site the proposal severs existing woodland/green
infrastructure , it is therefore contrary to Policy 20a and 20b. Furthermore
the proposed layout restricts the ability to deploy nature based Suds
Green/Blue Infrastructure solutions to meet the aims incorporated in
Policy 42: Green Infrastructure and PKC Policy 53: Water Environment
and Drainage.
3.59 Our client has highlighted that a significant amount of water can cascade
down this steep hillside and no drainage strategy has been incorporated
into the site layout to deal with this potential flood risk. The proposal does
not illustrate compliance with NPF4 Policy 22: Flood risk and water
management or PKC Policy 52: New Development and Flooding
NPF4 Policy 23:Health and safety
3.60 NPF4 Policy 23 seeks to protect people and places from environmental
harm, mitigate risks arising from safety hazards and encourage, promote
and facilitate development that improves health and wellbeing.
3.61 Due to the steep topography of this site, ground conditions are a
significant constraint. The extent of recontouring to create an access and
level platform along with the insertion of retaining structures will likely
compromise the stability of the existing embankment. Greater clarity on
stability is required as discussed in
POS_2.1.7_SPSO_201405656_Aberdeenshire_Council. This is
particularly important given the tree resource, the proximity of the River
Tay SAC and the landownership/listed building above the site.
26

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4.0 HUMAN RIGHT IMPLICATIONS
4.1 This proposal has potential Human Right implications for neighbours in
terms of alleged interference with privacy, home or family life (Article 8)
and peaceful enjoyment of their possessions (First Protocol, Article 1).
4.2 Planning Objections Scotland is of the view that refusal of the application
or withdrawal are the only measures that can be deployed to ensure
compliance with the Human Right Act. Proceeding on this basis would
constitute a justified and proportionate control of the use of property and
is necessary in the public interest to ensure there is no interference with
Article 8 and First Protocol, Article 1.
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5.0 CONCLUSION
5.1 The errors, omissions and lack of information associated with this
submission means the application should be withdrawn or refused.
5.2 Notwithstanding the lack of information, taking account of the issues
identified within section 4 of this report the planning application also fails
to comply with NPF4 and the adopted PKC Local Development Plan.
With regards to material considerations there are none of significant
weight that would warrant approval of the application in light of the
conflicts with the Development Plans.
5.3 Again it is worth reiterating that clarity, openness and fairness are
essential elements of the planning process, not opening up any amended
plans or additional information to scrutiny would be a failure of the
system, local democracy and natural justice. Our client reserves the right
to make commentary on any further submissions by the developer.
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POS_2.1.1_SG_Annex_D_Circular_3_2022

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65
Annex D
Plans and Drawings
1. All applications should be accompanied by a location plan and almost all will
require a site plan. Where the applicant owns some or all of the “neighbouring
land” (see paragraph 4.15 of the main circular), a plan showing such land must
be included. The following are not statutory requirements but an indication of
what planning authorities can reasonably expect by way of a minimum of
information on these plans. Planning authorities may also publish their own
guidance in this regard.
Location plan – this must identify the land to which the proposal relates and its
situation in relation to the locality: in particular in relation to neighbouring land.
Location plans should be a scale of 1:2500 or smaller.
Neighbouring land owned by the applicant – where required, this could be
incorporated into the above plan or on a separate plan of similar scale.
Site Plan – this should be of a scale of 1:500 or smaller and should show:
• The direction of North;
• General access arrangements, landscaping, car parking and open areas
around buildings;
• The proposed development in relation to the site boundaries and other
existing buildings on the site, with written dimensions including those to
the boundaries;
• Where possible, all the buildings, roads and footpaths on land adjoining
the site including access arrangements;
• The extent and type of any hard surfacing; and
• Boundary treatment including walls or fencing where this is proposed.
2. The range of other plans and drawings will depend on the scale, nature and
location of the proposal. Planning authorities should consider providing
guidance on the levels of information expected in different types of case. The
following plans and drawings will not be required in every case, but the list
indicates the sort of minimum information which should be included where
necessary:
Existing and proposed elevations (at a scale of 1:50 or 1:100) which should:
• show the proposed works in relation to what is already there;
• show all sides of the proposal;
• indicate, where possible, the proposed building materials and the style,
materials and finish of windows and doors;
• include blank elevations (if only to show that this is in fact the case);
• where a proposed elevation adjoins another building or is in close
proximity, the drawings should clearly show the relationship between the
buildings, and detail the positions of the openings on each property.

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66
Existing and proposed floor plans (at a scale of 1:50 or 1:100) which should:
• explain the proposal in detail;
• show where existing buildings or walls are to be demolished;
• show details of the existing building(s) as well as those for the proposed
development; and
• show new buildings in context with adjacent buildings (including property
numbers where applicable).
Existing and proposed site sections and finished floor and site levels (at a
scale of 1:50 or 1:100) which should:
• show a cross section(s) through the proposed building(s);
• where a proposal involves a change in ground levels, show both existing
and finished levels to include details of foundations and eaves and how
encroachment onto adjoining land is to be avoided;
• include full information to demonstrate how proposed buildings relate to
existing site levels and neighbouring development; and
• show existing site levels and finished floor levels (with levels related to a
fixed datum point off site), and also show the proposals in relation to
adjoining buildings (unless, in the case of development of an existing
house, the levels are evident from floor plans and elevations).
Roof plans (at a scale of 1:50 or 1:100) to show the shape of the roof and
specifying details such as the roofing material, vents and their location.

Page 48

POS_2.1.2_SPSO_201605668_Glasgow_City
_Council_(dimensions, scale on plans)
RTPI Member No. 47188

Page 49

SPSO decision report
Case: 201605668, Glasgow City Council
Sector: local government
Subject: handling of application (complaints by opponents)
Decision: some upheld, recommendations
Summary
Mr C lives in a conservation area. An application for planning permission for external alterations to a property
neighbouring his was submitted to the council. The proposal was to increase the height of the roof of an existing
utility building and associated works to create additional living space. Mr C submitted objections to the proposal.
The council produced a report of handling of the application and granted full planning permission subject to
conditions. The first of these was that the development had to be implemented in accordance with the approved
drawings.
Mr C was concerned that the council's decision had been procedurally flawed and based on inaccurate
information. He complained to the council about this. At both stages of the council's complaints procedure the
responses stated their conclusions that the decision had been taken properly and on the basis of accurate
information. Mr C was dissatisfied with these responses and raised his complaints with us.
We upheld Mr C's complaints that statements in the report were inaccurate (specifically statements that the pitch
of the roof 'will match' the main house and that the rooflights will be 'invisible from a public area'); that the
approved drawings associated with the application did not contain sufficient written dimensions to ensure that the
precise location and scale of what was being proposed was clear; and that the council did not respond reasonably
to some of Mr C's complaints. We did not uphold complaints that the evaluation of the application against relevant
guidance was unreasonable or that the inadequacies of the report of handling meant that the decision on the
application was unreasonable.
Recommendations
What we asked the organisation to do in this case:
Apologise to Mr C that they did not respond reasonably to some of his complaints about the handling of
the application.
Provide Mr C with a direct response to his complaint.
Amend the approved drawings for the application to ensure the precise location and scale of what was
being proposed, and has been approved, is clear.
What we said should change to put things right in future:
Relevant council staff should be reminded that statements of fact in reports of handling should be
accurate.
Relevant council staff should be reminded that approved drawings should be adequately dimensioned to
ensure the precise location and scale of what is being proposed is clear.
In relation to complaints handling, we recommended:

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Relevant council staff should be reminded that issues raised in complaints should be directly responded
to.
We have asked the organisation to provide us with evidence that they have implemented the recommendations
we have made on this case by the deadline we set.
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Page 51

POS_2.1.4_SPSO_201508154
Aberdeenshire_Council (finished floor
level inaccuracies)
RTPI Member No. 47188

Page 52

SPSO decision report
Case: 201508154, Aberdeenshire Council
Sector: local government
Subject: handling of application (complaints by opponents)
Outcome: upheld, recommendations
Summary
Mr and Mrs C raised concerns about the council's handling of various planning applications for a site, including
their home. In particular, they said that certain applications failed to protect their home by ensuring that its floor
level and that of its neighbour were built to a similar level. As a consequence of this, they said that the council
failed to assess the impact of their neighbour's sun lounge on their amenity and privacy.
We made enquiries to the council who confirmed that they had since established that the levels of the properties
concerned were not in accord with the applications granted and the houses were not built as envisaged. The
difference in levels had led to Mr and Mrs C's property being overlooked.
We took independent planning advice and we found that one of the properties concerned was too high, whereas,
the other was too low. The consequence of this was that overlooking of Mr and Mrs C's house was unavoidable.
The council were largely responsible for this. Similarly, because the floor levels were incorrect, the council would
not have been able to properly assess the impact of the neighbours' sun lounge on Mr and Mrs C's property. We
upheld the complaint.
Recommendations
We recommended that the council:
make a formal apology to recognise the situation;
review the staff guidance notes to include the treatment of window alterations during the course of
development as consent variations or as permitted development;
make a formal apology for their inability to assess the impact of the sun lounge;
be prepared to meet the costs of any agreed solution; and
review staff guidance notes on planning application handling with regard to successive permissions issued
for the same site; the consistency of conditions which require to be carried through from one permission to
any future permission; consideration of site levels and especially any proposed changes for residential
amenity and overlooking.
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Page 53

POS_2.1.POS_2.1.7_SPSO_20140SPSO_2014056565656_AberAberdeenshire_
Council_(GrGround Stability at Boundary)

Page 54

SPSO decision report
Case: 201405656, Aberdeenshire Council
Sector: local government
Subject: handling of application (complaints by opponents)
Outcome: upheld, recommendations
Summary
Mr C's garden bordered a field. The council granted planning permission for a residential development on the
field. To achieve the desired ground levels for the new site, it was necessary for the developer to dig down some
three metres. This resulted in a steep banking being created, running the length of Mr C's western boundary,
partly in the garden of one of the new properties and the remainder within an amenity space (an area designed to
enhance enjoyment of the surroundings) at the development. Mr C found that his garden ground was being
eroded with earth slipping down the banking into the new development. He complained to the council about the
lack of retaining wall but was advised that this was not something that would normally be considered under the
remit of a planning application. They maintained that this would normally be included by the applicant as part of
their proposal, rather than at the insistence of the council. The council also advised Mr C that it was not a building
control matter and that he should seek legal advice if he felt the actions of others had had a negative impact on
his property.
After taking independent advice from a planning adviser, we upheld Mr C's complaint. We found that the council
had consistently maintained that no specific consideration was given to stability as this was considered to fall
outwith the remit of the planning service. The adviser did not agree with this approach and considered that, given
the significant change in ground level from Mr C's property to the new development, this should have been a
material consideration in the council's planning report. We also found that there had been issues with a condition
that was attached to the new development's planning permission and that this had caused confusion for local
residents such as Mr C.
Recommendations
We recommended that the council:
issue Mr C with an apology for the errors surrounding the condition in question within the planning
application;
provide evidence of the new processes that are in place to prevent a recurrence of such an issue with
planning conditions in future;
issue Mr C with an apology for the failure to take all material considerations into account when determining
the planning application; and
consider how they can assist Mr C to stabilise his entire western boundary at no cost to himself, or
otherwise facilitate this outcome. If following consideration, this is not possible, appropriate financial
redress should be offered to Mr C.
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Page 55

POS_4.1.2_SPSO_ 201606059_Edinburgh
City_Council (failure to take account of
applicable development plan policy)
RTPI Member No. 47188

Page 56

SPSO decision report
Case: 201606059, The City of Edinburgh Council
Sector: local government
Subject: handling of application (complaints by opponents)
Decision: some upheld, recommendations
Summary
Mr C complained about the council's handling of a planning application. In particular that the council had failed to
consider their waterside development policy (policy Des 9), had failed to consult with the Scottish Environment
Protection Agency (SEPA) and had unreasonably accepted that works for the planning application were initiated
on time. Mr C also complained about the council's communication with him.
We took independent planning advice. We found that that policy Des 9 should have been referred to in the report
of handling (a report containing information on a planning application). It was not possible to know whether this
policy had been taken into consideration during the processing of the planning application, as was required. We
also found that it was not possible to say whether consideration of policy Des 9 would have resulted in a different
outcome. We upheld this aspect of the complaint.
We also found that SEPA should have been consulted and we upheld this aspect of the complaint.
We did not find any evidence that the council had unreasonably accepted that works for the planning application
were initiated on time and we did not uphold this part of the complaint.
Regarding communication, we found that some of the issues raised by Mr C had been not been adequately
addressed, however, other issues raised by him had been reasonably clarified. We were concerned that a further
response letter had had to be issued to Mr C. The council had accepted that there had been a delay in responding
and that Mr C should not have had to submit a formal complaint to prompt a full response to his enquiries. We
upheld this aspect of the complaint.
Recommendations
What we said should change to put things right in future:
Development plan policies relevant to the processing of any particular application should be referenced in
the report of handling.
Where a statutory consultation appears to be required as part of the processing of a planning application,
but has not taken place, this should be explained in the report of handling.
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Page 57

POS_4.1.3_SPSO_201605227
The_City_of_Edinburgh_Council (Policy
and Material considerations)
RTPI Member No. 47188

Page 58

SPSO decision report
Case: 201605227, The City of Edinburgh Council
Sector: local government
Subject: handling of application (complaints by opponents)
Decision: upheld, recommendations
Summary
Mr C complained about the council's handling of a planning application to extend a restaurant near his home. Mr
C was concerned that a parking policy had not been taken into account when determining the application and that
the planning service had not waited on a consultation response from the roads service at the council before
approving the application. During their own consideration of the case, the council accepted that parking had not
been covered in the planning officer's report for the application and they apologised for this failing.
We took independent advice from a planning adviser. We found that there was no evidence that the relevant
policy for parking had been considered when determining the planning application. While there was no statutory
requirement to await a roads service consultation response before determining the application, the advice we
received highlighted that proceeding without all the relevant information was a key shortcoming. However, there
was no evidence that proceeding without the consultation response made any difference to the council's decision
to approve the application. On balance, we upheld the complaint. However, based on the advice we received, we
did not consider that there was any further action that the council were required to take in respect of the
application. We did make a recommendation to ensure that material considerations and relevant policies are
taken into account when determining a planning application in the future.
Recommendations
What we said should change to put things right in future:
All material considerations should be taken into account when determining a planning application. The
correct policies should be identified and referenced in the report of handling.
We have asked the organisation to provide us with evidence that they have implemented the recommendations
we have made on this case by the deadline we set.
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Page 62

Mr Stephen Griffin (Objects) 
Comment submitted date: Thu 13 Jun 2024 
The application does not comply with Policy 19 on housing in the countryside. The
application acknowledges that it needs to satisfy this policy, but in fact it does not
meet any of the six criteria for support. An application for outline planning permission
in 2015 (15/00536/IPL) was refused for this reason. The criteria are the same in the
current Local Development Plan, and nothing has changed in the area to change the
analysis. 
The site is not in a "building group" as that requires at least three existing substantial
buildings. Even on the applicant's analysis (which is ambitious to say the least) there
are only two, and none of the criteria for building group would appear to be satisfied. 
The supporting statement states that the site is "sandwiched between" two
properties and a road, so is an infill site (para 2.5). This is misleading. To be an "infill
site" the site would need to be in between two existing properties - this site is not; it
is downhill from two properties and between the lower property (the historic manse)
and the road. This is clearly not an infill site. 
The supporting statement also says that the site is within a country or estate house
grounds. This justification was also tried and rejected in 2015: the rejection clearly
states that the site is "within the garden grounds of an existing dwellinghouse but is
not considered to be a country house / estate". 
This is enough to require the council to refuse the current application, but there are
additional serious concerns about the proposal, as mentioned in the community
council's objection dated 6 June 2024. 
Flood risk:
The application states that it is not in an area of flooding risk, and that it will not
increase the flood risk elsewhere. As can be seen from other objections, this is
inaccurate. The site is at the bottom of Kenmore Hill, and absorbs a lot of rainwater.
As the council notes, the area nonetheless floods, and a new development on the
site would exacerbate this. 
Biodiversity and environment:
It is remarkable that no evidence of any protected mammal species was found during
the survey. I have seen pine martens use the site for access, and red squirrels are
seen here on an almost daily basis. The site is adjacent to the River Tay SAC, and
there is not enough information in the application to understand the potential adverse
effects on biodiversity and the environment from the development, change to the
shape of the hill, tree cutting etc. The proposals would appear to breach National
Planning Framework (NPF) policy 20 by causing fragmentation of the green
infrastructure currently used by protected wildlife. 
Health and safety:
I share the concerns raised by the community council about road safety. This is a
very dangerous stretch of single track road, with very poor visibility, high pedestrian
usage, and no pavement.

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Mr William Howie (Objects) 
Comment submitted date: Thu 13 Jun 2024 
My main concern relates to road safety in the immediate vicinity of the proposed
development. The adjacent lochside road is already hazardous to road users,
particularly pedestrians, who regularly walk along the road to and from Kenmore and
Taymouth Marina. There are no pavements, no lighting and the road is persistently
affected by large amounts of surface water draining from the elevated land, on which
the development is proposed to be built. In Winter months, the surface water readily
forms thick ice. Introducing an inevitable area of hardstanding associated with the
development will exacerbate surface water accumulation on the road. In addition,
emerging traffic onto the road, given present hazards, will further impact the safety of
road users.

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