Item 4(ii) LRB-2023-06

Perth and Kinross Council · 24 April 2023
Back to Local Review Body — 24 April 2023 and its agenda

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4(ii)
LRB-2023-06
LRB-2023-06
22/01046/FLL – Erection of a dwellinghouse, land 360
metres south east of 4 Middlebank Holding, Errol
INDEX
(a) Papers submitted by the Applicant (Pages 359-454)
(b) Decision Notice (Pages 377-378)
Report of Handling (Pages 379-388)
Reference Documents (Pages 397-404 and 429-454)
(c) Representations (Pages 457-470)
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4(ii)(a)
LRB-2023-06
LRB-2023-06
22/01046/FLL – Erection of a dwellinghouse, land 360
metres south east of 4 Middlebank Holding, Errol
PAPERS SUBMITTED
BY THE
APPLICANT
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Pullar House 35 Kinnoull Street Perth PH1 5GD  Tel: 01738 475300  Fax: 01738 475310  Email: onlineapps@pkc.gov.uk
Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid.
Thank you for completing this application form:
ONLINE REFERENCE 100615070-001
The online reference is the unique reference for your online form only. The  Planning Authority will allocate an Application Number when
your form is validated. Please quote this reference if you need to contact the planning Authority about this application.
Applicant or Agent Details
Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting
on behalf of the applicant in connection with this application)  Applicant  Agent
Applicant Details
Please enter Applicant details
Title: You must enter a Building Name or Number, or both: *
Other Title: Building Name:
First Name: * Building Number:
Address 1
Last Name: * (Street): *
Company/Organisation Address 2:
Telephone Number: * Town/City: *
Extension Number: Country: *
Mobile Number: Postcode: *
Fax Number:
Email Address: *
Mrs
Tessa
Sands
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Site Address Details
Planning Authority:
Full postal address of the site (including postcode where available):
Address 1: 
Address 2:
Address 3:
Address 4:
Address 5:
Town/City/Settlement:
Post Code:
Please identify/describe the location of the site or sites
Northing Easting
Description of Proposal
Please provide a description of your proposal to which your review relates. The description should be the same as given in the
application form, or as amended with the agreement of the planning authority: *
(Max 500 characters)
Type of Application
What type of application did you submit to the planning authority? *
  Application for planning permission (including householder application but excluding application to work minerals).
  Application for planning permission in principle.
  Further application.
  Application for approval of matters specified in conditions.
MIDDLEBANK FARM
In relation to 22/01046/FLL proposed new build Farmhouse at Oakfield Farm - decision to be looked at by LRB
Perth and Kinross Council
ERROL
PERTH
PH2 7SX
727374 325755
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What does your review relate to? *
 Refusal Notice.
 Grant of permission with Conditions imposed.
 No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal.
Statement of reasons for seeking review
You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement
must set out all matters you consider require to be taken into account in determining your review. If necessary this can be provided as a
separate document in the ‘Supporting Documents’ section: * (Max 500 characters)
Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce
all of the information you want the decision-maker to take into account.
You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at
the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that
time or that it not being raised before that time is a consequence of exceptional circumstances.
Have you raised any matters which were not before the appointed officer at the time the  Yes  No
Determination on your application was made? *
If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before
your application was determined and why you consider it should be considered in your review: * (Max 500 characters)
Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend
to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters)
Application Details
Please provide the application reference no. given to you by your planning
authority for your previous application.
What date was the application submitted to the planning authority? *
What date was the decision issued by the planning authority? *
See supporting documents - Oakfield Supporting Statement Appeal
Appendix 1 Planning Decision Appendix 2 Report of Handling Appendix 3 Justification & Labour Report Appendix 4 Turkey Hours
Appendix 5 Housing in the countryside policy overview Appendix 7 Attendance certificate
Appendix 9 Stock figures, summary & projection Appendix 10 Land Offer
Appendix 15 Balance Sheet App.16 QMS
22/01046/FLL
17/01/2023
08/06/2022
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Review Procedure
The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review
process require that further information or representations be made to enable them to determine the review. Further information may be
required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or
inspecting the land which is the subject of the review case.
Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other
parties only, without any further procedures? For example, written submission, hearing session, site inspection. *
 Yes  No
In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion:
Can the site be clearly seen from a road or public land? *  Yes  No
Is it possible for the site to be accessed safely and without barriers to entry? *  Yes  No
If there are reasons why you think the local Review Body would be unable to undertake an unaccompanied site inspection, please
explain here. (Max 500 characters)
Checklist – Application for Notice of Review
Please complete the following checklist to make sure you have provided all the necessary information in support of your appeal. Failure
to submit all this information may result in your appeal being deemed invalid.
Have you provided the name and address of the applicant?. *  Yes  No
Have you provided the date and reference number of the application which is the subject of this  Yes  No
review? *
If you are the agent, acting on behalf of the applicant, have you provided details of your name  Yes  No  N/A
and address and indicated whether any notice or correspondence required in connection with the
review should be sent to you or the applicant? *
Have you provided a statement setting out your reasons for requiring a review and by what  Yes  No
procedure (or combination of procedures) you wish the review to be conducted? *
Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider
require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review
at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely
on and wish the Local Review Body to consider as part of your review.
Please attach a copy of all documents, material and evidence which you intend to rely on  Yes  No
(e.g. plans and Drawings) which are now the subject of this review *
Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a
planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the
application reference number, approved plans and decision notice (if any) from the earlier consent.
Declare – Notice of Review
I/We the applicant/agent certify that this is an application for review on the grounds stated.
Declaration Name: Mrs Tessa Sands
Declaration Date: 27/01/2023
May be sheep grazing in field with locked gate, prior notice to move stock would be beneficial
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2023 Planning Appeal – Oakfield Farm Page 1
Erection of a dwelling house at Oakfield Farm, Errol
Planning Appeal 
February 2023 
Photograph 1: The Sands Family selling Oakfield Farm produce on their stand at Perth Farmers Market,
December 2022 
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2023 Planning Appeal – Oakfield Farm Page 2
Contents 
Introduction  Page 3
Oakfield Farming Enterprise & Finances  Page 4
The Applicants  Page 5
Proposed House Site Selection & Design  Page 6-7
Justification & Need for a Permanent Dwelling  Page 8
Overview of Decision to Refuse Consent  Page 9-10
Conclusion  Page 11
List of supporting documents  Page 12 
Image 1: Oakfield Free Range Turkeys in the mixed woodland on the farm 
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2023 Planning Appeal – Oakfield Farm Page 3
Introduction
The applicants Mr and Mrs Sands propose to build a house on their farm, Oakfield. The farm was
purchased in 2021 by Mr and Mrs Sands after searching for over 4 years for a permanent base for
their already existing farming business. A planning application for a dwelling house was submitted in
2022 (reference 22/01046/FLL) and has been refused. This document, its attached appendices and
the completed Notice of Review form, comprises the appeal correspondence.
Oakfield is a 35 acre block of ground that was originally two lots that made up Middlebank Farm, the
lots were all sold of individually. Oakfield provides a permanent base and a site where all of the
stock can be based for lambing, provides an area for a permanent sheep handing system, has a
workshop for repairing equipment and a safe and secure place to store feed, equipment and
machinery.
Since purchasing the land the applicants have invested heavily in Oakfield farm, replacing the whole
boundary fences (over 3000m) to make it stock proof, have reinstated the field drains to allow for
less waterlogging in the fields, they have re-sown around 50% of the grass, planted over 900 beech
hedging plants to provide shelter belts for livestock and encourage wildlife throughout the farm,
they have also built two general purpose agricultural sheds on site (planning reference
22/00356/FLL).
Michael Sands has been farming for the past 12 years; he started his own business with 40 sheep
and has been building it up over the years. Michael and his wife Tessa now farm in excess of 500
sheep and are in year 4 of producing 200 free range oven ready turkeys. This is a well-established,
profitable business that has now been trading at Oakfield since the end of 2021.
The Sands family, Michael, Tessa and their two young children, currently reside in a mobile home on
site at Oakfield to allow for the day to day running of the business. This was approved by PKC for a
24 month time period, planning reference 21/02258/FLL. It is our understanding from
correspondence with the Planning Officer that there is no concerns or issues with the principle of
this application for a dwelling on this site to support the business but that the application is felt to
be ‘premature’. This is a very unique case presenting prior the 2-3 year time frame they ‘like’ to see,
still falling within all of the policy guidelines and due to being a re-located established business we
are of the belief that this consent should be granted.
Photograph 2: General Purpose Agricultural Sheds being constructed at Oakfield
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2023 Planning Appeal – Oakfield Farm Page 4
Oakfield Farming Enterprise & Finances
Oakfield is a 35 acre unit on Non Less Favourable
Agricultural ground based between Perth and
Dundee. The farm is in permanent grassland with
mature trees around the perimeter. In addition to the
land at Oakfield the applicants rent seasonal grazing
land locally, this is not uncommon in a farming
enterprise. Oakfield Farm is a permanent base for the
farming enterprise; the farm provides permanent
year-round grazing, fields for making hay/silage for
self-sufficient stock feed, a base for storing all
equipment (quad bike, trailers etc), a workshop for
carrying out repairs, a shed for storing feeding in
bedding in bulk and a turkey rearing/lambing shed.
All sheep are brought back to Oakfield for lambing time and health checks, vaccinations etc. as well
as grazing some of the stock year round at Oakfield. The remaining stock is grazed on rented ground,
shown on map, with Oakfield being centrally located.
The farming business is well established and has been a viable farming enterprise for the past 12
years, with both the applicants wishing to have a permanently future on this farm to sustain the
farm and promote any future business growth. As a result, the Applicants have identified the need
to build a farmhouse to support their established and growing agricultural business. Michael and
Tessa farm in excess of 500 blackface/mule sheep and are now up to 200 free range Kelly Bronze,
oven ready, turkeys which they have been increasing over the past four years. The turkeys come
onto Oakfield as day old chicks where they are reared for around 6 months to reach full maturity
before being humanly slaughtered, hand packaged and sold for a premium price , the applicants sell
to The House of Bruar, some local butchers and sell directly to the public off the farm. The business
is registered with the PKC as a producer of food and have annual inspections and are also approved
Quality Meat Scotland Producers (appendix 16).
The business’ approved accounts for the past five years were submitted to the planning officer
produced by a Peter Young at Morris and Young, a qualified accountant, these accounts show the
business to be making a healthy profit annually and show the business to be financially viable. As
this is a partnership business run by the applicants with no outside employees the accounts don’t
have any reference to wages/salary, however a cash flow sheet (appendix 15) showing £1000/
month as ‘personal drawings’ to show that the business can provide a ‘wage’, this also shows the
business’ current financials as the yearend is March 2023. The business is on a very strong footing
with no borrowing or debt, often the biggest overhead/ expenditure for a farming business, this
allowing for continual investment in the farm. A standard agricultural wage/hourly rate is a hard
thing to put a figure on as self-employed farmers income/profit/loss will fluctuate extensively year
on year depending on many factors, meaning farms are not always profitable. The fact this business
has been running for 12 years making a profit each year and growing stock numbers and stock value
is a strong shows it is a credit to the applicants and proof the business is financially sound and
economically viable.
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2023 Planning Appeal – Oakfield Farm Page 5 
The Applicants
Mr and Mrs Sands are both eager young farmers, they were both brought up into the farming
families and met through The Young Farmers Association, both in their early 30’s and have both
worked in the agricultural industry for many years. Tessa has worked in the seed potato industry
across the UK and Australia for the past 11 years alongside assisting with the marketing and book-
keeping for their farming business, since moving to Oakfield Tessa has given up her career in
potatoes and is now assisting Michael running the farming enterprise as well as raising their two
young children. Michael has been a keen sheep farmer in the local area for the past 12 years; he
started his own farming enterprise and has built this up over the years investing some profits back
into the business year on year allowing for the expansion and growth of the business.
The couple have been trying to secure a permanent base for their farming enterprise for over four
years, when this opportunity came up Mr and Mrs Sands took the bold move to sell their family
home and move into a mobile home on site to get Oakfield up and running. The Sands family spent
the first couple of winter months living at Oakfield in the mobile home using an external petrol
generator while they awaited a mains power connection, while also lambing their substantial sheep
flock on this site. These showing the determination and commitment the couple have for making
their farming business a success. The family have settled into the local area where the children
attend local nursery/groups and by being granted consent for a permanent dwelling it would allow
the family a further sense of security. 
Mr and Mrs Sands have met the criteria as ‘Young Farmers’ to be able to claim entitlements via The
National Reserve by The Scottish Agricultural and Rural Economy Directorate, Rural Payments and
Inspections Division, the applicants will complete a Single Application Form annually to enable them
to gain financial support for the farming business at Oakfield, however they will be subject to
random inspections on their stock and farming practice. Mr and Mrs Sands have also been granted
funding via The Small Farm Grant scheme, they submitted a lengthy, complex application where they
met the identified objectives and cost benefits to the business by building a general purpose
agricultural shed on this site. This grant
awarded is in excess of £24,000, a clause in
the grant is that should the applicants no
longer farm Oakfield in the next three years
the grant has to be paid back in full, this
showing the long term commitment to this
site. Tessa also attended a personal
development programme in November 2022
funded by The Scottish government
(appendix 7). These factor all showing The
Scottish Government supports the applicants
and is investing time and money into their
business on this site.
Image 3: The Sands Family dosing a batch of their sheep
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2023 Planning Appeal – Oakfield Farm Page 6
Proposed House Site Selection & Design
Image 4: An artist impression of Oakfield Farmhouse
The proposed house site on Oakfield is on a secluded site flanked by rising farmland to the North
and mature tree belts to the East, West and South. This site was chosen for many reasons, including: 
 The site sits out with identified flood zones (image below),
 It is a centrally located site within the farm, sitting 160m
East of the agricultural sheds, with good visibility over the
farm,
 The house will not be visible from any public roads (image
to right) showing different angles into proposed house site,
 As the mobile home sits adjacent to the site there is an
existing access track, water connection and electricity
supply to the site, 
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2023 Planning Appeal – Oakfield Farm Page 7 
As this will be the principle and only house on Oakfield Farm the design of the house is of a high
standard using traditional, local reclaimed materials (stone and slate), the design is in keeping with
houses in the surrounding area and it is not imposing. The proposed house is kept at a 1.5storey
with limited dormers to give the farm house cottage look.
The applicants have a young, expanding, family and have designed the house to meet their needs, a
farm office to support the needs of the business, an en-suite bedroom for their live in au-pair, secure
covered garage for vehicles as rural crime is on the rise and a large utility with access to a WC to
keep this out of the main living space. Prior to the purchase of Oakfield the applicants owned a
dwelling that they had lovingly restored over a 5 year period, this was a 5 bedroom 1.5 storey
dwelling so the design of the house is not dissimilar in size and style to what the family have
previously resided in. 
Back in 2018 the applicants tried to purchase land adjacent to their home, even with a fairly
substantial offer the applicants were unsuccessful and have been looking and actively offering on
local farms/small holdings ever since but unfortunately have never been successful, hence the route
of now buying land and building, (appendix 10 showing offer to purchase land in 2018).
In the Report of Handling, the Planning Officer notes that he has no objections to the proposed
house site or design of the house “In isolation, the design of the dwelling is of a high standard with
the use of quality finishes”, “The landscape setting of the dwelling also is acceptable, sandwiched
between two areas of existing tree belts”. 
Proposed House Site Images 5 & 6 – 
Facing South (left) & North (below) 
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2023 Planning Appeal – Oakfield Farm Page 8
Justification & Need for a Permanent Dwelling
A Justification & Labour Profile Report (Appendix 3) was produced by Emma Shepherd, Farm and
Transport Solutions, an Agricultural Consultant who has experience in doing labour reports for
livestock farms, including sheep and turkey farms. The application is based on a genuine need for a
new house in the countryside and we understand that proposals for these will be considered
favourably where they fall into at least one of the indicated categories. The proposed Farmhouse
application sits in Category - 3.3 Economic Activity The applicants have had an agricultural holding
number for the past 12 years and have been fully committed to quickly establishing Oakfield holding
since its purchase in 2021, from which time they have been actively farming the land. The
agricultural labour assessment, based on their current agricultural holding, prepared by Farm &
Transport Solutions, is appended in support of the application. As noted within labour assessment
report and business overview, animal welfare is paramount and the labour is required to manage
the livestock and farmland on a daily basis. The labour profile calculation carried out by the Farm &
Transport Solutions clearly demonstrates the business currently has a total labour requirement of
2,051.00 hours/annum - the equivalent of 1.1 standard labour units in order to operate. This report
was calculated on the basis of what stock could permanently graze on Oakfield and concluded that
there was a justifiable requirement for a house at Oakfield Farm with 1.1 Labour Units, the Council’s
threshold for a justifiable requirement for a house is 1.0 Labour Unit, which this application clearly
meets. The applicants actual stock figures (500 sheep) are nearly double the stock figure on the
Justification Report and the turkeys have increased by an additional 50 turkeys since this report was
done, so the farm meets well above the required units.
The Council also appear to share the view that there is justification for a house on the farm, having
granted consent to put a mobile/temporary home on the farm to support the agricultural business.
Whilst the temporary house does currently allow the applicants to provide their sheep/turkeys with
round the clock care and also maintain a security presence on the farm, the very nature of the lodge
means that the living conditions are very cramped for a family of four (and two working sheep dogs)
as it was designed for holiday use not long-term occupation. There is also no space to create a farm
office. Due to the nature of farming and non-typical working hours the family have previously had a
live in au-pair to assist with child care at peak times such as lambing and the lead up to Christmas
with turkey preparation which they are currently unable to have which is putting strain on some
aspects of day to day life. 
Image 7: The mobile home on site that the
applicants reside in 
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2023 Planning Appeal – Oakfield Farm Page 9
Overview of Decision to Refuse Consent
The decision to refuse the planning application is entirely based on one Planning Officers view and
interpretation of The Planning Policies and the farming business running on Oakfield Farm. From the
correspondence with The Planning Officer it is our understanding he has no concerns with the
principle of this application just that in his opinion it is premature and hasn’t demonstrated it is both
economically viable and financially sound, therefore is contrary to section 3.3 of PKC Supplementary
Guidance on Housing in the Countryside 2020.
It is also noted that in some instances, the Planning Officer has critically analysed key information/
reports which we feel are out with his area of expertise, such as the Justification Report and the
Business Accounts. The Planning Officer doubts the validity of the Justification and Labour Report,
this is disappointing. An independent qualified Agricultural Consultant with knowledge in the
Economic Activity, in this case turkey and sheep farming enterprises, who is an expert in their field,
was employed to take a thorough look at the farming business and complete a Labour Unit report
upon their findings. What is the point of getting such a report should this be questioned by the
Planning Officer who is not an expert in the agricultural industry? This Justification and Labour
Report objectively reported that there is a requirement for a 1.1 Labour Units, 0.10 units over the
Councils black and white threshold. 455 of these hours were allocated for turkey hours, as Kelly
Bronze free range turkeys are not standard birds a table with details hours was provided (appendix
4) to show the breakdown of hours, as previously mentioned the applicants have since increased the
flock by 50 birds, now totalling 200 turkeys on Oakfield so this figure has now increased.
The farm business is on a very strong footing with no debt and has proved to be making a good
profit, considering the large amount of investments the applicants have been making on the farm
with the erection of two new sheds, significant fencing and field drainage. There is no black and
white rule in any policy to what a required profit of a business should be; it is open to personal
interpretation if a business is financially viable or not. Unfortunately in the agricultural industry
incomes/outgoings fluctuate hugely depending on weather, feed/fertiliser costs, disease etc. There
are many large scale farms that will make significant profit one year and a significant loss the next,
sadly it is just the nature of the industry. The applicant have shown a steady profit over the last 12
years which given the volatility of farming is a huge feat. 
In the report of handling the Planning Officer expresses his opinion “Without evidence that the
business can pay the wages of at least one worker then it is challenging to say the business is
established, secure and sustainable.” Since trading from Oakfield the applicant have submitted
accounts showing they can withdraw £1000/month from the business as a ‘wage’ which given the
investments since the purchase in 2021 is a fair wage, this will of course increase over time as the
vast majority of construction of ‘the farm’ have been done which will allow for more significant
profits year on year. The 2023-24 stock value (the value of all of the stock currently owned by the
business) which is sitting with an aggregate value of herd plus the stock is £37,390 at April 2022 as
against £34,757 at April 2021, showing as well as business profit the livestock asset continues to
grow. This all showing that this farming business based at this location is financially sound.
The Planning Officer also notes “It is perhaps unfortunate that the Council does not have a set
timeline for when a ‘new’ business moves into being an established one, purely in terms of ‘years
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2023 Planning Appeal – Oakfield Farm Page 10
earned’ on site however a typical timeline of in excess of 2-3 years (with associated onsite
accommodation in use) is normally seen as good starting point”
Firstly this is not a ‘new’ business, it is an established business that has been successful in business
for 12 years and has now sought a permanent base at Oakfield. To be ‘established’ according to the
Oxford Dictionary “having existed or done something for a long time and therefore recognized
and generally accepted”. Mr Sands has been running his sheep enterprise for 12 years which in turn
should count for ‘a long time’ and over the last four years the couple have built up a brilliant
reputation for their Free Range Kelly Bronze Turkeys, they market these at the likes of Perth Farmers
Market and House of Bruar, showing the farm is known locally and a reputable business. 
Out with the above points the Planning Officer has not concerns with regards to;
 Residential Amenity
 Roads and access
 Drainage and flooding
 Conservation Considerations
 Natural Heritage and Biodiversity
 Economic Impact
It was mentioned that no utility bills have been presented to show that the applicants have been
living on site; this was never requested in any correspondence with the Planning Officer. But to
confirm that the applicants have been living in a mobile home for this duration we have submitted
an invoice addressed to the applicant at the address of the mobile home (appendix 6).
It is clear that this proposed development does in fact meet all the criteria for Perth and Kinross
Councils Supplementary Guidance on Housing in the Countryside 2020, category 3 - New Houses in
the Open Countryside 2020. This has been detailed in attached appendix 5. 
In addition to the attached, Perth and Kinross Councils Local Development Plan 2019 is also
supportive of proposals to expand rural business such as the proposed development at Oakfield;
Policy 8 Rural Business & Diversification - “The Council will give favourable consideration to the
expansion of existing businesses and the creation of new ones in rural areas. There is a preference
that this will generally be within or adjacent to existing settlements. Sites outwith settlements may
be acceptable where they offer opportunities to diversify an existing business, or are related to an
existing site-specific resource or opportunity.” The proposal in question meets all of the criteria
listed (a) to (i) within this policy. 
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2023 Planning Appeal – Oakfield Farm Page 11
Conclusion
The applicants are hardworking, passionate young farmers who have successfully purchased their
very own farm, which they have invested heavily into, time and financially. Oakfield will give Mr and
Mrs Sands the permanent base and the forever home they have spent their live working towards. It
will also allow them to maintain growth within the business and investing profits back into this site.
By having a permanent dwelling on the farm the applicants will have a sense of permanence and
security on their farm and business.
The applicants have achieved an incredible amount in the relatively short period of time they have
owned Oakfield. Now the farm business requires and merits a permanent house. This is further
backed up by an objective Justification & Labour Profile Report which reports that there is
Justification for a permanent house on the farm and there is 1.1 Labour Units, over the council’s
threshold of 1.0 for this.
The decision to refuse this application is at odds with the Councils and National Planning Policy,
which supports the growth of small and rural businesses, it is very disheartening for the young family
to remain in the mobile home trying to run the farming enterprise without a farm office in cramped
living conditions. As mentioned it doesn’t appear the Planning Officer has any worries with the
principle of this application but as this is very a unique case presenting prior the ‘2-3 year’ time
frame they ‘like’ to see, still falling within all of the policy guidelines and due to being a re-located
established business we are of the belief that this consent should be granted.
It is clear that the business is in fact financially sound and economically viable and although having
only been on Oakfield site for a fairly short duration the applicants will continue to run this business
from strength to strength.
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2023 Planning Appeal – Oakfield Farm Page 12 
Appendix 1: Planning Decision Notice
Appendix 2: Report of Handling
Appendix 3: Justification and Labour Profile
Appendix 4: Turkey Hours Detailed
Appendix 5: Housing in the countryside overview in relation to our application
Appendix 7: Be your best self-attendance certificate
Appendix 9: Further Information Requested – Stock Figures, Financial Summary & Projections
Appendix 10: Email Land Offer - Chance Inn
Appendix 15: Balance Sheet 2022-2023
Appendix 16: Quality Meat Scotland (QMS) Certification 
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Appendix 1
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Appendix 2
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Appendix 3
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Appendix 4
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Appendix 5
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Appendix 7
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August 2022 Proposed Farmhouse _ Oakﬁ eld Farm, Middlebank, Errol, PH2 7SX Further InformaƟ on 1
Further InformaƟ on Required
2. The exisƟ ng agricultural buildings appear to be for storage only, and not for livestock. Can you please
clarify what (and where) the exisƟ ng livestock accommodaƟ on is for the sheep and turkeys. I would presume
they would have some indoor shelter of some sort.
Currently the turkeys are houses in the clients temporary polytunnel where they spend the ﬁ rst part of their lives,
they then have an area of mixed woodland to be reared free range. The sheep are currently lambed outdoors, all
sheep are brought back to Oakﬁ eld for lambing and have plenty shelter under the mature mixed woodland
surrounding the ﬁ elds, it is only on the occasion of injured/unwell sheep or lambs that will be housed in the
temporary poly tunnel for treatment.
1. Can you please conﬁ rm the name of the exisƟ ng business? I’ve had a look online, using various
diﬀ erent names and nothing obvious is coming in relaƟ on a sheep and turkey business @ Oakﬁ eld Farm, or
under your clients names. To help demonstrate that there is an exisƟ ng business in operaƟ on, an execuƟ ve
summary of the audited business accounts for the last three years would be useful to see. It would also be
useful to see both the last 3 years ‘stock’ ﬁ gures, and the projecƟ on for the next three years, and how that is to
be ﬁ nanced by the projected proﬁ ts.
This business has been run as a sole trader, unfortunately won’t be able to be found online, the turkeys are
adverƟ sed via Facebook and local farmers markets and farm shops as ‘The Tasty Turkey Perthshire’ but goes
through the farm account as a sole trader. Since the purchase of Oakﬁ eld the farm account has been changed to a
partnership between Michael and Tessa Sands to run the business rather than as a sole trader, as recommended
by The Scoƫ sh Governments Rural Payments and InspecƟ ons Directorate.
Please ﬁ nd below extract excel sheets showing stock ﬁ gures and a ﬁ nancial summary (including future
projecƟ ons, now we are based at Oakﬁ eld) covering 2018-2025.
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August 2022 Proposed Farmhouse _ Oakﬁ eld Farm, Middlebank, Errol, PH2 7SX Further InformaƟ on 2
4. Within the design statement, a ‘modest’ house is referred too on a number of occasions. However, the
plans suggest a very large 6 bedroomed home, which includes a large oﬃ ce area - which isn’t modest. Was
there another proposal intended to be lodged, but changed to this bigger house? If so, why?
Apologies upon reﬂ ecƟ on the use of modest is not the most relevant descripƟ on, but we have worked with the
clients to design a house which is reﬂ ecƟ ve of the family’s needs.
The house as designed is for the families current and future requirements – The clients would like to expand
their family and prior to moving to Oakﬁ eld they had a live in au-pair (to help with childcare to work around our
non-typical working paƩ ern in farming) therefore we have designed the house to suit this e.g. an en-suite
bedroom slightly away from others. The large area above carport/garage is planned to be used as a store
currently with the future ability to be used as a farm oﬃ ce if we require admin/seasonal staﬀ , this area would
also be uƟ lised for things such as turkey collecƟ on and farm meeƟ ngs, keeping the general public out of their
private space and the remainder of the house. We feel there are houses of similar size recently built in the area (3
at Grange Mews), by keeping it 1.5 storeys with limited dormers on the north side we felt this was less
imposing. The site is also very enclosed and therefor oﬀ ers very limited, if not negligible visual impact, from any
of the surrounding properƟ es.
3. Can you please provide a map of the wider farm. There is a blue line extract on some of the plans, but
I don’t see map which shows the full extent of the holding. It would be useful if that could be annotated with
the diﬀ erent elements of the farm i.e. sheep, turkeys etc.
Please see aƩ ached map showing the whole farm, I have marked on the ﬁ elds where the sheep are, the small
area of mixed woodland the turkeys roam, including the poly tunnel and the storage sheds.
Further InformaƟ on Required
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August 2022 Proposed Farmhouse _ Oakﬁ eld Farm, Middlebank, Errol, PH2 7SX Further InformaƟ on 3
Further InformaƟ on Required
5. Can you please clarify where the exisƟ ng processing of the turkeys occurs?
Woodmill Game at Auchtermuchty is where the turkeys are slaughtered and guƩ ed, the clients then package,
dress and hold a series of collecƟ on/welcome days on the farm. The clients hire in refrigerated container where
the turkeys are stored prior to collecƟ on. The slaughter/butchering is something we are looking at doing in house
in the future but feel that unƟ l we are at 200+ birds it is not ﬁ nancially viable to do so therefore the clients feel it
works well outsourcing to Woodmill game.
6. Can you please provide details of any other employees other than Mr and Mrs Sands, including season-
al workers and / or external contractors.
Other than sheep shearers (once a year) and sheep scanning to determine lambing numbers (again once a year)
everything is done in house.
7. You’ve menƟ oned that the locaƟ on of the house was chosen so that it had good view the majority
of the farm. If the farm extends to the west, a large majority of the farm would therefore be away from the
house. Can you please clarify this, and outline why other locaƟ ons have been discounted.
We have looked at several diﬀ erent sites across the farm and as shown on the map most of the West side of the
farm is in an area of potenƟ al ﬂ ooding, aŌ er speaking with Millard Consultancy about ﬂ ooding and building on
the farm we agreed this was the most suitable site for ﬂ ooding purposed but also taking into account things like
services, access roads (the mobile home is next to this site therefore water/power already brought in for this). As
for visibility of the farm, due to the areas of trees there will always be blind spots on the farm but the proposed
house site sits on a slightly raised part of the farm and the driveway to the house will have clear visibility of the
sheds and yard area which we felt would be good security for the farm as this may deter theŌ if they can see a
house is sited on the farm, but bearing in mind we didn’t want the house to impact the local landscape so have
posiƟ oned it ever so slightly down the hill. The house will have a clean view over the majority of the East side of
the farm which will be beneﬁ cial year round but especially at lambing Ɵ me to keep an eye on any problems.
8. More clariﬁ caƟ on on the ‘provision for turkey processing and markeƟ ng element’ would be useful –
parƟ cularly as the hrs which have been accredited to this element takes the total over the 19
Please ﬁ nd below a breakdown of the ‘provision for turkey processing and markeƟ ng element’. This was the
calculaƟ on done for the purpose of the agricultural jusƟ ﬁ caƟ on by our agricultural consultant.
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August 2022 Proposed Farmhouse _ Oakﬁ eld Farm, Middlebank, Errol, PH2 7SX Further InformaƟ on 4
9. The prohibiƟ ve cost of buying the exisƟ ng farmhouse (which appears to be under oﬀ er, but not sold)
has been menƟ oned. However, the cost of building the proposed house as lodged will not be insigniﬁ cant, es-
pecially with the use of slates. Some comments on this would be useful.
As Michael, the applicant, has extensive building experience, this will be a self-build and build cost will be
signiﬁ cantly lower than a ‘typical’ build as there will be limited labour costs and materials will be at cost price
with Michael doing a lot of the building and joinery work. Middlebank farmhouse was originally listed for over
£500,000 (and required extensive renovaƟ ons), the clients believe they will be able to build for half of this, with
the bonus of being in a more suitable locaƟ on, the clients always felt the locaƟ on of the Middlebank farmhouse
was not suitable for our farm with the golf driving range being located between the house and land, we were also
unnerved by the direct proximity to the A90 for their sheepdogs.
With reference to slates the aim would be to get re-claimed welsh slates oﬀ old agricultural buildings that
Michael would strip down at no cost to enable us to save money. (Subject to this being approved by PKC planning
for the type of slates of course, but I’m more using this as an example). There are many things like this that we
have thought about to signiﬁ cantly reduce our build costs.
At the Ɵ me of purchase we were ﬁ nancially stretched and are steadily invesƟ ng and are doing a lot of the work to
reduce costs (fencing, building sheds and re doing the ﬁ eld drains). Over a period of Ɵ me we will be able to build
up money that will be used towards the house build, this will therefore be money that wasn’t available at the
Ɵ me of the purchase (and when the farmhouse was for sale).
Further InformaƟ on Required
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Savills
Earn House
Broxden Business Park
Lamberkine Drive
Perth
PH1 1RA
19th November 2018
Dear Mr William Hawes,
My Client; Mr Michael and Mrs Tessa Sands recently (31st May 2017) purchased Chance Inn (a house
located at Hawkstane) from your client; Errol Park Estate.
My Client would like to acquire the grass field to the rear of their house. See attached map and Goggle
Street View Image below.
The field is currently in grass and extends to approximately 13 acres. There is a post and wire fence which
surrounds the field which would benefit from being replaced, but is currently stock proof. The field is
accessed via a track between Chance Inn and the field. The field does not appear to provide access to other
fields in your client’s ownership. There is currently no water trough in the field.
Michael & Tessa Sands are sheep farmers. Their sheep are currently grazed at Milton Farm, Abernyte
(Michael’s parents farm). The Sands Family are renowned and champion sheep breeders. The field is to be
used for sheep grazing.
My client would be prepared to offer your client £91,000 to purchase the field. This offer breaks down
to £7,000/acre. In compiling this offer we have considered comparable sales evidence, including the sales
of; Ross Farm (Glencarse), North Grange Farm (Errol), West Leys Farm (Errol), Seaside Farm (Errol), South
Inchmichael Farm & land at East Leys Farm (Errol) and North Inchmichael (Errol).
The field is to be used solely for agricultural purposes. With an overhead electricity transmission line,
overhead electricity distribution line and a gas pipeline (main pipeline from Errol to St Madoes) traversing
through the field, it is exceptionally unlikely that the field will ever be developed. However, if required,
my client would be content to insert a clause in the missives either prohibiting them from building any
non-agricultural related structures/buildings or a clawback/overage clause in the very unlikely event of
the site ever being developed.
Please put this offer to you client and revert back and confirm if it is acceptable. In addition, my client
would be prepared to pay your clients reasonably incurred solicitors fees, up to an agreed cap.
I look forward to hearing from you.
Kindest regards,
Keir Doe
Keir & Co
Muirhouses Farm
Grange
Errol
Perthshire
PH2 7TB
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4(ii)(b)
LRB-2023-06
LRB-2023-06
22/01046/FLL – Erection of a dwellinghouse, land 360
metres south east of 4 Middlebank Holding, Errol
PLANNING DECISION NOTICE (included in
applicant’s submission, pages 377-378)
REPORT OF HANDLING (included in applicant’s
submission, pages 379-388)
REFERENCE DOCUMENTS (included in applicant’s
submission, pages 397-404 and 429-454)
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4(ii)(c)
LRB-2023-06
LRB-2023-06
22/01046/FLL – Erection of a dwellinghouse, land 360
metres south east of 4 Middlebank Holding, Errol
REPRESENTATIONS
457