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Minute of meeting of 11 November 2024

Perth and Kinross Council · 16 December 2024
Back to Local Review Body — 16 December 2024 and its agenda

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PERTH AND KINROSS LOCAL REVIEW BODY 
Minute of hybrid meeting of the Perth and Kinross Local Review Body held on
Monday 11 November 2024. 
Present: Councillors B Brawn and K Harvey, Bailie M Williamson. 
In Attendance: L Tierney (Planning Adviser), C Elliott, (Legal Adviser) and J Guild
(Democratic Governance Officer) (all Legal and Governance). 
Also Attending: A Brown and M Pasternak (both Legal and Governance), J Ferguson
(Economy, Development and Planning). 
Councillor B Brawn, Convener, Presiding 
1. WELCOME 
Councillor Brawn welcomed all present to the meeting. 
2. DECLARATIONS OF INTEREST 
There were no Declarations of Interest made in terms of the Councillors Code
of Conduct. 
3. MINUTES 
The minute of meeting of the Local Review Body of 14 October 2024 was
submitted and noted. 
4. APPLICATIONS FOR REVIEW 
(i) 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 – Mr P Strachan 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse erection of a dwellinghouse
and associated works, land 100 metres north west of Inchadney, Old
Amulree Road, Kenmore, Aberfeldy. 
The Planning Adviser displayed photographs of the site and described
the proposal, and thereafter summarised the Appointed Officer’s
Report of Handling and the grounds set out in the Notice of Review. 
Decision:
Resolved by unanimous decision that:
(i) having regard to the material before the Local Review Body and
the comments from the Planning Adviser, sufficient information
was before the Local Review Body to determine the matter
without further procedure.

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Thereafter, resolved by unanimous decision that:
(ii) the review application for erection of a dwellinghouse and
associated works, land 100 metres north west of Inchadney, Old
Amulree Road, Kenmore, Aberfeldy, be refused for the following
reasons:
1. The proposal is contrary to National Planning Framework
4 (2023) Policy 14 Design, Quality and Place and Perth
and Kinross Local Development Plan 2 (2019) Policy 1A:
Placemaking, 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 National Planning Framework
4 (2023) Policy 17: Rural Homes and Perth and Kinross
Local Development Plan 2 (2019) Policy 19: Housing in
the Countryside, and the Council’s Housing in the
Countryside Supplementary Guidance 2020.  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 been an inadequate 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 Perth and Kinross Local
Development Plan 2 (2019) Policy 40A: Forestry,
Woodland and Trees: Forest and Woodland Strategy and
National Planning Framework 4 (2023) Policy 6: Forest,
Woodland and Trees.
4. Given that there has been an inadequate assessment
provided of the potential impacts of the development on
the River Tay Special Area of Conservation (SAC), and
that a lack of detail regarding biodiversity enhancement
has been submitted, insufficient information has been
provided to assess the proposal against the relevant
LDP2 and National Planning Framework 4 (2023)
policies.  Therefore, the proposed development is
contrary to Perth and Kinross Local Development Plan 2
(2019) Policy 41: Biodiversity and National Planning
Framework 4 (2023) 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.

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(ii) LRB-2024-38
24/00558/FLL – Installation of shipping container (in retrospect), 2
Glenfarg Terrace, Perth, PH2 0AP – Miss N Topping 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse installation of shipping
container (in retrospect), 2 Glenfarg Terrace, Perth, PH2 0AP. 
The Planning Adviser displayed photographs of the site and described
the proposal, and thereafter summarised the Appointed Officer’s
Report of Handling and the grounds set out in the Notice of Review. 
Decision:
Resolved by unanimous decision that:
(i) having regard to the material before the Local Review Body and
the comments from the Planning Adviser, sufficient information
was before the Local Review Body to determine the matter
without further procedure.
Thereafter, resolved by unanimous decision that:
(ii) the review application for installation of shipping container (in
retrospect), 2 Glenfarg Terrace, Perth, PH2 0AP, be refused for
the following reasons:
1. Approval would be contrary to the Perth and Kinross
Local Development Plan 2 Policy 1A where the
proposal’s design and siting does not contribute positively
to the surrounding environment or respect the character
and amenity of established place; Policy 1B with
particular note to criteria (a) where the proposal would not
result in an established sense of place identity, (b) does
not consider site topography and wider impact to the
area’s character, (c) its industrial design in terms of scale,
massing and material finish does not complement
surroundings, (d) its positioning does not reinforce the
established streetscape character and (g) would not be
sensitively integrated as contribution to the local
townscape; and Policy 17 (c) where it would not result in
a positive contribution to the character of the area; and as
informed by Placemaking Supplementary Guidance.
2. Approval would be contrary to National Planning
Framework 4 Policy 14(a) where the proposal’s design
does not improve the quality of the area, and (b) where its
scale and massing erodes domestic and residential
legibility and sense of place, inconsistent with the
‘distinctive’ quality of a successful place, and (c)
particularly as being detrimental to the amenity of the
surrounding area; and Policy 16 criteria (g)(i) where the
proposal would have a detrimental impact to the
character of the property and surrounding area in terms
of size, design and material finish.

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Justification
The proposal is not in accordance with the Development Plan
and there are no material reasons which justify departing from
the Development Plan. 
Informatives
1. The shipping container hereby refused shall be removed
and site reinstated to its pre-development condition within
3 months of the date of the decision notice or formal
planning enforcement action may be taken.
2. The applicant is advised that in terms of Section 56 of the
Roads (Scotland) Act 1984 they must obtain from the
Council, as Roads Authority, consent to open an existing
road or footway, if not already done so.  Information on
junction types, requirements for vehicular access
consents (VA1) and application forms are available at
www.pkc.gov.uk/vehicleaccess.  Advice on the disposal
of surface water should be sought at the initial stages of
design from Scottish Water and the Scottish Environment
Protection Agency. 
(iii) LRB-2024-40
23/01610/FLL – Demolition of buildings and erection of 3
agricultural buildings, formation of hardstanding and associated
works, The Castle Farm, Methven, Perth, PH1 3SU – HC Pilkington
Trust 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse demolition of buildings and
erection of 3 agricultural buildings, formation of hardstanding and
associated works, The Castle Farm, Methven, Perth, PH1 3SU. 
The Planning Adviser displayed photographs of the site and described
the proposal, and thereafter summarised the Appointed Officer’s
Report of Handling and the grounds set out in the Notice of Review. 
Decision:
Resolved by unanimous decision that:
(i) having regard to the material before the Local Review Body and
the comments from the Planning Adviser, insufficient information
was before the Local Review Body to determine the matter
without further procedure.
(ii) Once available, Development Management to review and
comment on the decision of the DPEA for LBA-340-2036.
(iii) The applicant to review and comment on the decision from the
DPEA and the response from Development Management as per
(ii) above. 
(iv) Following receipt of all information and responses, the
application, together with a copy of the DPEA decision on LBA-
340-2036 be brought back to a future meeting of the Local
Review Body.

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(iv) LRB-2024-41
24/00571/FLL – Installation of replacement windows (in
retrospect), St Caens, Perth Road, Birnam, Dunkeld, PH8 0BH – Mr
and Mrs Thomson 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse installation of replacement
windows (in retrospect), St Caens, Perth Road, Birnam, Dunkeld, PH8
0BH. 
The Planning Adviser displayed photographs of the site and described
the proposal, and thereafter summarised the Appointed Officer’s
Report of Handling and the grounds set out in the Notice of Review. 
Decision:
Resolved by unanimous decision that:
(i) having regard to the material before the Local Review Body and
the comments from the Planning Adviser, sufficient information
was before the Local Review Body to determine the matter
without further procedure.
Thereafter, resolved by unanimous decision that:
(ii) the review application for the installation of replacement
windows (in retrospect), St Caens, Perth Road, Birnam,
Dunkeld, PH8 0BH, be refused for the following reason:
1. The windows, by virtue of their increased framing
thickness, inappropriate opening mechanism, and
incongruous profile, have an adverse impact upon the
visual amenity of the cottage and a detrimental impact
upon the character and appearance of the conservation
area. 
Approval would therefore be contrary to Policies 1A,
1B(c) and 17(c) of Perth and Kinross Local Development
Plan 2 (2019), Perth and Kinross Placemaking Guide
2020, Policies 7(d), 14(c) and 16(g) of National Planning
Framework 4 (2023) and Managing Change in the
Historic Environment: Windows 2020, all of which seek to
ensure that replacement windows have appropriate
detailing in order to respect the character and
appearance of the conservation area. 
Justification
The proposal is not in accordance with the Development Plan
and there are no material reasons which justify departing from
the Development Plan.

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(v) LRB-2024-42
23/01523/FLL - Siting of residential caravan, change of use of
agricultural land to garden ground, formation of access,
installation of drainage connection and associated works (in
retrospect), Woodlands Farm, Aberuthven, Auchterarder, PH3 1HJ
– Mr D Morton 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse siting of residential caravan,
change of use of agricultural land to garden ground, formation of
access, installation of drainage connection and associated works (in
retrospect), Woodlands Farm, Aberuthven, Auchterarder, PH3 1HJ. 
The Planning Adviser displayed photographs of the site and described
the proposal, and thereafter summarised the Appointed Officer’s
Report of Handling and the grounds set out in the Notice of Review. 
Decision:
Resolved by unanimous decision that:
(i) having regard to the material before the Local Review Body and
the comments from the Planning Adviser, sufficient information
was before the Local Review Body to determine the matter
without further procedure.
Thereafter, resolved by unanimous decision that:
(ii) the review application for siting of residential caravan, change of
use of agricultural land to garden ground, formation of access,
installation of drainage connection and associated works (in
retrospect), Woodlands Farm, Aberuthven, Auchterarder, PH3
1HJ, be refused for the following reasons:
1. The proposal is contrary to Policy 17a) v, Rural Homes,
of National Planning Framework 4 (2023) as it has not
been demonstrated that the residential caravan is
necessary to support the sustainable management of a
viable rural business and there is an essential need for a
worker to live permanently at or near their place of work.
2. The proposal is contrary to Policy 19 of the Perth and
Kinross Local Development Plan 2 (2019) and its
associated Housing in the Countryside Supplementary
Guidance (2020) category 3.3 Economic Activity.  No
consideration has been given to the scope for renovating,
converting or redeveloping any existing houses or non-
domestic buildings within the applicant’s landholding and
no evidence has been submitted to demonstrate how the
residential caravan is essential to the continued operation
of any associated business.
3. The proposal, due to its design and siting, is contrary to
Policy 14a) and b) and c), Design, Quality and Place, of
National Planning Framework 4 (2023), and Policy 1A
and 1B b) Placemaking, of the Perth and Kinross Local
Development Plan 2 (2019) and the non-statutory
planning guidance – Ancillary & Annex Accommodation
2021.  The proposed development does not improve the

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quality of the area, is not consistent with the six qualities
for successful places set out in National Planning
Framework 4 Policy 14 b), is poorly designed and
detrimental to the amenity of the surrounding area.
4. The proposal is contrary to Policy 39, Landscape, of the
Perth and Kinross Local Development Plan 2 (2019) as
development would conflict with the aim of maintaining
and enhancing the landscape qualities of Perth and
Kinross.  The fenced enclosure in combination with the
poorly designed residential caravan has an adverse
impact on the surrounding landscape character and
adversely impacts on the setting of the other residential
properties in the area. 
Justification
The proposal is not in accordance with the Development Plan
and there are no material reasons which justify departing from
the Development Plan. 
Informative
The applicant is advised that the unauthorised residential
caravan and associated development shall be removed from the
site within three months of the date of the decision notice or to a
timetable agreed with the Planning Authority.