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Item 5(i) LRB-2022-36

Perth and Kinross Council · 5 June 2023
Back to Local Review Body — 5 June 2023 and its agenda

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Page 1

5(i)
LRB-2022-36
LRB-2022-36
22/00477/FLL – Change of use from agricultural storage
building to dwellinghouse, including alterations, extension
and installation of flue, land 160 metres north east of Logie
Brae Farm, Craigie, Clunie, PH10 6RG
INDEX
(a) Papers submitted by the Applicant (Pages 493-518)
(b) Decision Notice (Pages 521-522)
Report of Handling (Pages 523-530)
Reference Documents (Pages 513 and 531-538)
(c) Representations (Pages 539-554)
(d) Further Information (Pages 555-586)
491

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492

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5(i)(a)
LRB-2022-36
LRB-2022-36
22/00477/FLL – Change of use from agricultural storage
building to dwellinghouse, including alterations, extension
and installation of flue, land 160 metres north east of Logie
Brae Farm, Craigie, Clunie, PH10 6RG
PAPERS SUBMITTED
BY THE
APPLICANT
493

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494

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g? , 030 " Notice of Review
0300
x i A
3 NOTICE OF REVIEW
U .3 i
$ UNDER SECTION 43A(8) OF THE TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 (AS AMENDED)IN
E RESPECT OF DECISIONS 0N LOCAL DEVELOPMENTS
O i
8 THE TOWN AND COUNTRY PLANNING (SCHEMES 0F DELEGATION AND LOCAL REVIEW PROCEDuRE)
E (SCOTLAND) REGULATIONS 2013 034W 030
00
i THE Tovm AND COUNTRY PLANNING (APPEALS) (SCOTLAND) REGULATIONS 2008
iMPORTANT: Please read and follow the guidance notes gravided when commleti this form. '
Failure to sum! all the relev}402information oogld invalidate your notice of review.
Use BLOCK CAPITALS if completing in manuscript
Applican}402si . Agent (ifany)
Name WWMI Name MIME.
Address WEMJ {N HOUSE AddresszyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA8 3; bA030RROGt0244A4?
Mfém}401$112691034 COUPA031RAMUS ROA024D
.. WRdoWRIE KLAIRAOUURtE
Postcode ' (O . p Postcode PH 10 641'
Contact Telephone 1 W Contact Telephone 1
, Contact Telephone 2 _ Contact Telephone 2
Fax No 024Fax No
E024mail* m: E024mail*
' 030 Mark this box to con}401rmall contact should be
through this representative: EI/
Y No
* Do you agree to correspondence regarding your review being sent by email? mes [:I
Planning authority '2031HZIZW
Planning authority's application reference number _m_
Siteaddress MRICULTUR/(LS I  031, C" I VIE , a?" 030l , 030
AA031A',g451140301!f,- .714'
Descri tion of pro osed
devemgmem p wwvazr EXIS}401NaLNSUSED SWE EU [ma
a b NELUM . 4 SE
Date of applitau'en [21m Date of decision 0f any) W
Note. This notice must be served on the pianning authority within three months of the date of the decision
notice or from the date of expiry of the period allowed for determining the application.
Page 1 of 4
495

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g V U Notice of Review
32 Nature of appiication , 4
E . '
3 1. Application for planning permission (including householder application) IZ/3 .
Q 2. Application for planning permission in principle D
E 3. Further application Gncluding development that has not yet commenced and where a time limit
8 has been imposed; renewal of planning permission; andlor modi}401cation.variation or removal of D
g a planning condition) . M. ..
g 4. Application for approval of matters speci}401edin_conditions [:1
"' Reasons for seeking review '
1. Refusal of application by appointed of}401cer EX
2. Failure by appointed of}401certo determine the application within the period allowed for D
determination of the application
3. Conditions imposed on consent by appointed of}401cer D
Review procedurezyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA- I '
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 andlor inspecting030theland
which is the subject of the review case.
Please indicate what procedure (or combination of procedures) you think is mostappropriate for the
handling of your review. You may tick more than one box it you wish the review to be conducted by a
combination of procedures.
1. Further written submissions a
2. One or more hearing sessions [3/
3. Site inspection '2031
4 Assessment of review documents only, with no further procedure [I
If you have marked box 1 or 2. please expiain here which of the matters (as set out in your statement
below) you believe ought to be subject of that procedure. and why you consider further submissions or a
hearing are necessary:
THE A031PPLiC/ANTSEEHEVE TAM Tue UNIQUE LocAmm iwee
01: T+F254momsms A126 gesrr MPRECiAm BY A §i VISIT»
Site inspection
In the event that the Local Review Body decides to inspect the review site, in your opinion:
Y No
1. Can the site be viewed en}401reiyfrom public land? a D
2 Is it possible for the site to be accessed safely. and without barriers to entry? [2 B
if there are reesons why you think the Local Review Body would be unable to undertake an
unaccompanied site inspection, please explain here:
Page 2 of 4
496

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g ,
3 . Notice of Review
2 Statement , 031 ,
n .
E _ You must state, in full, why you are seeking a review on your application. Your statement must set out all
Q matters you consider require to be taken into account in determining your review. Note: you may not
Q have a further opportunity to add to your statement of review at a later date. It is therefore essential that
g you submit with your notice of review. all necessary information and evidence that you rely on and wish
3 the Local Review Body to consider as part of your review.
E If the Local Review Body issues a notice requesting further information from any other person or body,
0' you will have a period of 14 days in which to 'comment on any additional matter which has been raised by
that person or body. -
State here the reasons for your notice of review and all matters you wish to raise. If hgg}401gmtbisnaq
g be gentinygd 9r provided030jn}401}402lin a separate document. Yountnay also submit.egslj}401onal.,_documentatignA
;;034'l030}402,191§.!95rn, "" ?I
Have you raised any matters which were not before the appointed of}401cerat the time the Ye N0
determination on your application was made? 031 El
If yes, you should explain in the box below. why you are raising new material, why it was not raised with
the appointed of}401cerbefore your application was determined and why you consider it should now be
considered in your review. '
A 3 WWW REPJRT BY MRMULTURA031LCONSULTANTS SAC 030
WM 6694M139m?» E030(Mpuaw-r Eur 9%0305Commm 00R
ammaL/SMFF SW5 arc) W rrbz NGT Mkwecwm,
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497

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.3: Notice of Review
a List of documents and evidence
0% Please provide a list of all supporting documents, materials and evidence which you wish to submit withzyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA
: your notice of review and intend to rely on in support of your review.
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§ "Mtatrt, ams-i' Recommemda/non 4 Rms-M ( t5 Mpuwrs)
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Note. The pianning authority will make a copy of the notice of review, the review documents and any
notice of the procedure of the review available for inspection at an of}401ceof the planning authority untii
such time as the review is determined. It may also be available on the planning authority website.
M
Checklist
Please mark the appropriate boxes to confirm you have provided all supporting documents and evidence  030
relevant to your review:
Er Full completion of all parts of this form
[3/ Statement of your reasons for requiring a review
[3/ All documents, materials and evidence which you intend to rely on (e.g. plans and drawings
or other documents) 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 from that earlier consent.
024024024024_024___=_______=__=______
Declaration
l the applicantlagent [delete as appropriate] hereby serve notice on the planning authority to
review the application as set out on this form and in the supporting documents.
Signed Date
M
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498

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E APPEAL against Recommendation of REFUSAL. Ref.22l00477/FLL
§ Proposed CHANGE 0f USE from AGRICULTURAL STORAGE
é BUILDING t0 DWELLING HOUSE for MrW. and Mrs .1. Duncan
\' at 030CASTLEVIEW031,CRAlGlE, CLUNIE, BLAlRGOWRlE, PHlO 6RG
PREAMBLE : Any 030historic031unapproved works at this location took place before
the Applicant took ownership of the land (having rented/worked it for some years
previously) and were not in any way at his behest. He now seeks to regularise
and greatly improve the situation by transforming the existing 'shed'lbuilding into
a home - much better integrated into its rural setting - and continue his modest
livestock-breeding enterprise. The strong case for being 'on site030(animal
welfare) is made elsewhere (see LAND USE).
We propose to address the REPORT OF HANDLING / DELEGATED REPORT031s
Recommendation of REFUSAL, dated 26 May 2022. in the order and
description/headings presented by the Report, as follows:-
SITE VISIT: Given the chequered history of this site (see SITE HISTORY) it is
surprising that the Council's officers did not make a site visit (instead relying on
remote and electronic means) at which time they could have ascertained that
the building is essentially where it received Planning Consent to be. Some
confusion may have been created by the multitude of drawings dating from the
2009 Approval, some of which do show the distance from the NW face of the
building to the access track incorrectly. While this error (seemingly not picked
up by the Council in 2009) has been duplicated in some of the current
Application drawings, it is academic; the building is sited where it got Planning
Consent to be, ie as close to the bottom of the steep slope to the south east
(see photo E1 and Cross Section overleaf) and as far back from the access
track - and, incidentally, less visible 024as is practicable.
BACKGROUND & DESCRIPTION OF PROPOSAL: ( see also VISUAL AMENITY,
DESIGN & LAYOUT). The proposals consist of extensive alterations to the
external appearance to make the building more attractive and appropriate to its
rural setting, with the interior re-modelled to form a comfortable 030retirement030
home for the Applicants which. crucially, will allow Mr Duncan to continue his
small-scale livestock (mainly cattle) business (see also LAND USE). The issue
of drainage is addressed elsewhere.
Page 1 of 4
499

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§
§ PROCEDURAL MATIER (DRAINAGE, 030Redline'): The Applicant's Agent only
E "opted" not to include the existing drainage 034withinthe site of the existing
building" because the ground in question is on the other (north west) side of the
access track (which is not in the Applicant031ssole ownership) but is ground
034ownedor controlled" 024IN THIS CASE OWNED - by the Applicant. it is standard
procedure to delineate such ground in blue, which we have done. If the Council
wish us to submit amended drawings showing it delineated in red we are happy
to do so, but we note the Planners "consider it reasonable to process the
Planning Application as it stands".
We agree that 034inthe event of Approval of this Appiication...the issues over
'off-site' drainage should be 034fullyconsidered..."
SITE HISTORY As stated, the site - and 034thesite opposite", ie 'Hawkhiil' , on
the other side of the track - do indeed have 034ahistory of refusals". In the sense
that a previous ownerlApplicant seems to have chosen 024or tried - to get round
Planning Policy by erecting an extensive storage building with the apparent
intention of subsequently converting it to a dwelling, we understand the
Council's difficulty. However we are faced with a fact :- this unlovely structure
exists, is surplus to requirements (it always was) and there is now an opportunity
to make it more attractive/suited to its location, add to the rural housing stock
and provide continuity of 030agricuitural030activity in this rural location. (The
Applicants may be willing to consider 3 Condition that any future sale requires a
commitment to such continuity). The proposals contain an area for storage of
machinery/equipment adequate for a modest livestock operation.
The matter of Private Drainage is addressed below. We note that the issue oi drainage
may be "time barred". which does seem to offer an opportunity to address it in a pragmatic manner...a
modern treatment plant exists after all.
PRE-APPLICATIUN CONSULTATION, NATIONAL POLICY & GUIDANCE, DEVELOPMENT
PLAN, TayPlAN and PKC lOCAl DEVELOPMENT PLAN Noted
OTHER COUNCIL POLICIES, EXTERNAL CONSULTATION POLICIES, PKC [08M DEVELOPMENT PLAN
Noted
REPRESENTATIONS Noted
It is surely significant that no 034notifiedneighbour" or other interested party has
expressed opposition to these proposals. It is our understanding that the local
(7229 e Z 0} 4
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§
E community approve of, and are happy to encourage, Mr Duncan's livestock V
g activity. As for the volume of traffic generated, this is unlikely to significantly
E increase as the Applicant would be 'on site', not travelling from Blairgowrie
E several times a day (see Land Use below), indeed may well decrease. NB The
°° concern expressed that a similar development to the west (ie the derelict
cottage at 030Hawkhili",on the other side of the access track) might be developed
if this Application is approved is extremely unlikely, the remains of the cottage
being now integrated into a cattle 030shed'.
ADDITIONAL STATEMENTS & APPRAISAL Noted
Policy Appraisal We note that Policy 1 seeks to ensure that new developments
034donot have an adverse impact on the area035.The Applicants are seeking to
greatly reduce the "adverse impact" of the existing structure. by creating an
attractive dwelling (see drawings).
land use We note LDPZ and SP6 2020 seek to 034supportnew housing in the
countryside, in certain circumstances". We propose the circumstances detailed
in this Appeal could hardly be more suitable to qualify for support.
The HITC 2020 definition of 034traditional"-ie being built before 1919 - clearly does
not apply, however within the constraints imposed by the existing structural
'envelope' the Applicant has introduced 030traditional'design elements ( eg dormer
window, timber cladding. re-rendering etc.)
The building is redundant and is used for general storage 024not 'agricultural031
purposes - only because it is there. (The Applicants031proposals contain a much
smaller area for machinery/implement storage, adequate for his needs).
The Council's use of terms such as "farm'j.034detailedjustification labour unit
report"(?), 035mainfarm buildings" etc does seem to be implying that the Applicant
is making over-ambitious claims for his operation. This is not the case.
A detailed Report has been prepared by agricultural consultancy SAC but, unfortunately, due
to circumstances outwith the Applicants' control, this was delayed in its issue by SAC staff
shortages etc due to the recent pandemic, and arrived on the very day that the Planning
Department issued its recammendation of Refusal. However the fact this report was 034inthe
pipeline" was clearly signalled in our 034Backgroundand Supporting Statement035dated 29 March
2022.
Page 3 of 4
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E, .
g This Report is attached and strongly supports the Applicants'case for on-site residency -(we
g would particularly draw attention to pages 6 and 7) - in particular on animal welfare grounds.
g In view of its centrality to the Applicants' case, we enclose a copy of the Report and trust that
°° its contents will be fully taken into account.
Visual Amenity, Design and layout
We note that our proposals 034wouldimprove the appearance of the building" Vi}401th
respect, we suggest the word 035considerably"could reasonably be inserted here.
Making this frankly ugly building into an attractive 'cottage style031dwelling is the
responsible result to aim for.
Roads and Access No comment
Drainage and Flooding
We agree that the previous owner appears to have ignored the 034negatively
worded Cont}401tion"regarding foul drainage; nevertheless the system installed is
more than capable of dealing with the proposals in terms of capacity,
phosphorous discharge etc. The Applicants are happy to provide any technical
evidence requested by the Council, SEPA etc. that the treatment plant is up to
current standards, and carry out any upgrading if required.
We note that the drainageltreatmentfacility maywell now be "immune from enforcement action"; this
surely presents the oppmtunityto regularise the situation (see above).
from 'Conservation' 024030Directionby Scottish Ministers' No comment
CONCLUSION and REASONS FOR DECISION I Justification I Informative:
We contend that we have addressed the concerns and strictures detailed in the
DELEGATED REPORT and request that the Council decline to support the
recommendation to Refuse this Application. We invite them to consider that the
Application should be granted not only to mitigate the 'blighting030of an attractive
comer of Perthshire, but to encourage the continuation of genuine rural activity
by the Applicants.
Signed. on behalf of W and .3 Duncan 024
David Roche D.Arch.. RIAS Agent
Date 29 June 2022
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SAC
g CONSULTING
é
Pfannmg Justification Report
Castleview
In suppon 03030035application 22/00477/FLL
Prepared for: W & J Duncan
Prepared by: SAC Consulting
Contact: Mha030riDdgiech
Sandp030merHouse
Rmhven}401ddRoad
Invetalmond Industrial Estate
Perth
PH1 3EE
Date: May 2022
i SACConsq'ngEadivz030sionafSRUC
Leading the wayin Agriculture andzyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBARum] Research, Education andConsulting
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3; Premred for:
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.0303 w & J Duncan
Newbigging House
West George Street
Blairgown'e
PH1O 6132
Prepared by:
SAC Consulting
Contact:
Mhairi Dalgliesh
Sandpiper House
Ruthven}401eldRoad
Inveralmond Industrial Estate
Perth
PH1 3EE
Tel: 01738 636611
Mob: 07765 707671
Email: mhain'.datgliesh@sac.co.uk
Fax: 01738 627660
Reviewed by:
Annette Marshall K
This report has been prepared eieiusively for the m
basis of infonna}401onsupplied, and no responsibility can be accepted for actions taken
by any third party arising from their interpretation of (he infonna}401oncontained in this
document. No other party may rely on the Ieport and if they do, then they rely upon it
at their own risk. No Iesponsibi/ity or liability is accepted for any interpretation made
030 by anyparty that may be made of the contents of this report
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E This report has been prepared at the request of Mr William Duncan to supplement a
E planning application for the change of use from an agricultural storage building to a
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E dwettinghouse at Castleview. Craigie.
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Information about the business policy and factors that would support the proposed
application was gathered by Mhain030Dalgliesh, SAC Consulting (Perth) in discussion
with 030Wlth'amBuncan.
The need for the justi}401cationfor the change of use is based around the existing
agricultural business.
This report has been produced in May 2022 from the information provided.
1
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Q3 CONTENTS
8
00
% INTRODUCTION 1
8 SUMMARY AND CONCLUSION 2
LABOUR REQUIREMENTS AT CASTLEVIEW 5
THE NEED FOR ON-SITE ACCOMMODATION 6
_AN9MA_L HEALTH mpg}401AngzyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA5
SECURITY. 7
HEALTHAND SAFETY 030 .. 7
ALTERNATIVEACCOMMODATION030..,...,..,.....,,.030..N.,..,.........,.......u...030,.,..030...030.m.,.,..030......,,......m7
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3
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3 BACKGROUND 1NFORMA030T030ION
E The business of W & J Duncan farms both sheep and cattle over an area of 5.4
E owned hectares as well as renting additional grazing in the local area. The stock
E includes mainly8-breeding cattle and their calves as well as the older calvesfrom the
E previous years031calving. 80 currently there is 15 calves on site. Sheep are the smaller
w side of the farming business with 4 sheep being lambed annually. \Mlliam Duncan is
responsible for all of the work involved with the business.
Mr and Mrs'Duncan purchased the site as it currently stands. The building sited at
Castleview was built under planning permission for an agricultural storage building.
However, in my professional opinion, this building is highly unsuitable to be used for
agricultural storage. The doonNay size and roof height is not suitable for access by
agricultural vehicles and machinery to unload agricultural supplies such as feed or
feitiliser far less store the vehicle itself.
Mr and Mrs Duncan have established a very good relationship with the neighbouring
residents who are in support of their farming business and running this farming
business from the site at Castleview.
By Mr Duncan being able to reside on site at Castleview, it would drastically improve
the speed of response should there be any urgenthealth or welfare issues031thatarise
within the stock. If Mr Duncan was living on site, it would be much easier to routinely
check the stock at key times of the year such as calving or lambing, This would
ensure that should there be an issue to address, it can be addressed quickly and cut
out the signi}401cant024ttavelthat Mr Duncan is cunentty (having to undenake.
This is highlighted by a recent example where a cow got into dif}401cultywhile calving
and the distance to which Mr Duncan is form the main taming unit meant that by the
time he got to the cow and got vet assistance to the animal. the cow unfortunately
eouldhotbesavedaridMrDuncaritestone of~hisherd.
This is a prime example of why with sheep and cattle, it is imperative that the farmer
can live on site to monitor stock easily and ensure the high standards of welfare that
Mr Duncan prides himself on are maintained.
Additionally, 'it would increase the general efficiency of farming operations and
increase the overall security of the unit.
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H SUMMARY AND CONCLU310N
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b The business of W & J Duncan farms cattle and sheep over an area of 5.6ha (owned
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g land at Castleview) with additional grazing being rented in the local area.
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5 030Fhereis currently no accommodation on site at Castteview however the design ofthe
building that currently exists would be very easily adapted to a dwellinghouse.
There is a need for this change of use application so that VWliam can live on site at
Cas}402eviewto improve the ease of monitoring stock and bringing stock in to shatter to
deal with veterinary or medical issues while also increasing the security of the
farmland.
Based on the current farming activity, the estimated annual tabour requirement
for the farming operations is 0.23 labour units. However, there is a much
stronger argument in terms of practicality and animal welfare.
-030|'~hisreport fully supports the application to change the use le agricuttural
storage building at Castleview to a dwellinghouse.
'2
W
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H -'Fhe030buildingis 'in an ideal tocation to monitor stock in the surrounding }401etdsand atso
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g access the areas of shelter/sheds.
S The change of use to this existing building would not negatively impact on other
E residents' views.
8
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5 -The -Iand around the existing building has no environmental signi}401canceor
w 030 designated sites associated with it such as Sites of Special Scienti}401cInterest (SSSI).
Furthermore, there are no listed buildings or scheduled monuments near the existing
building. Therefore, any changes that are proposed to the building would not result in
a030lossof any environmental orhistoricfeatures.
4
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: LABOUR REQUIREMENTS A'T CASTLEVtEW
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S Using Standard Labour Data for Agricultural and Horticultural Activities, sourced from
E Defra UK Farm Classi}401cationDocument (October 2014). and information on existing
0
E 'land areas and 'livestock numbers theiabour pro}401lefor the farming enterprises was
5 calculated.
The calculation shows that the current farming system at Castleview has the
justi}401cation-for 0:23 iabour units. The background information given above highlights
the essential need for the dwellinghouse at Castleview.
This is a modest assessment of the labour needed as it does not account for the
ever-increasing administrative tasks required'byTanning -businesses-for reguiaiion or
accountancy purposes.
The Standard Work Capacity is taken as 1,900 hours/person/year. This is calculated
on the assumption that one person would work'39 hours per week and takes iilness'
and public holidays etc. into account.
Land Area (ha) HoursIAnnum/Ha Total
024024__024__024__
Grassland 024Grazing 5.6 8.1 1-7.03036
Sub total 1 7. 36
Livestock Number HoursIAnnum/Number Total
a
Beefeows 8 26 208
Other cattle 15 12 180
Ewes and rams (LFA) 4 3.7 14.8
Lambs (non024LFA) 8 3.1 24.8
Sub total 427.6
-TOTA-L 444.96
Standard Labour Unit 1,900. 00
LABOUR REQUIREMENT (LU) 0.23
Table 1: Labour Requirements at Castleview
5
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E 'THE NEED FOR GN-SH030EA666MM66A030T10N
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S Animal Health and Welfare
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E 030WithMrDuncan able tO'live on site, it will make routine supervision ofthe sheep and
E wttle far easier and ensure high levels of animal welfare are maintained.
A This will be crucial at the times of the year when the stock require frequent
monitoring such as lambing and calving. With a permanent presence on site, it would
ensure that Mr Duncan could pen up cows or sheep on site that require particular
attention or supervision and be assured that he could keep a very close eye on them.
Whereas currently with no dwellinghouse on site, he requires to house stock that
require close attention in a trailer outside is home which is a far from ideal
arrangement. ~
Wth sheep, they require close attention and care at lambing time to check for
pregnancy toxaemia, lambing issues or abortion. If a ewe is having di}402icultylambing.
then a timely response is critical to be able to save both the ewe and the unborn
lamb. The same applies-to calving cows and-this was highlighted'byMr'Duncan031s
unfortunate and avoidable loss of a cow during the 2022 calving period.
Vinthin the cattle, sudden illness and injury are all issues that can arise and reasons
whyMrDuncan requires«to«live on sitetobe abletoregularlymonitorthe stock at all
times of the day. \Mthin sheep, issues such as }402ukeand blowfly strike are common
with 1.5% of ewes and 3% of lambs in the UK affected each year by blow}402ystrike.
However, symptoms are not always obvious hence why sheep need daily checking
throughthehigh-ris'krperidds.
Ef}401ciency
Having somebody on-site on a permanent 'basis is essential to conduct aspects of
running the business such as taking delivery of fertiliser, feed and supplies. By
having somebody onsite would help manage the checking and unloading of inputs. If
Mr Duncan was able to live on024sitethen this would help to ensure the ef}401ciencyof
working practices.
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511

Page 22

§
3
'5; Security
E
3 Security is a hugely important consideration for this business. Opportunist theft and
S vandalism are ever increasing incidents in the rural area. These incidents result in
E much aggravation and add to the daily operations on the business 031butare also a
E severe }401nancialburden.
g
A Currently, with nobody living at Castleview on a permanent basis, the site is at an
even greater risk of'being subjectedtothe}401or vandalism.
Health and Safety
Mith the increasing awareness-by the public of their access rights to the countryside
there is potential for safety problems at Castleview resulting from people not fully
understanding their responsibilities in the countryside. Therefore, on024site
accommodation is essential to allow better control of people entering the farmland at
Castleview and ensure that they do not compromise their safety or that of the
livestock.
The main n030sksat Castleview include:
o Stock'being'let out of}401eldsand gaining access to roads.
0 Movement of machinery such as tractors
These risks are all manageable when there is appropriate sta}402on-site to help
educate people and to direct people away from causing potentiaI-hannfui situations.
Alternative Accommodation
eurrentiy Mr-Duncan -is 030living030inBiairgown'e and needs to complete frequent trips to
be able to property care for his stock. These trips are resulting in excessive fuel use
in order to be able to farm effectively. in May 2022, a spend of £120 on fuel was
lasting less than 2 weeks due to the number and frequency of trips in the pick-up that
were required. .._. , .. ,.
No dwelling houses or plots oftand-have been sold -byMr and MrsDuncan 'in the'last
5 years. There are no vacant houses in the immediate vicinity to Castleview that Mr
and Mrs Duncan could move into.
However, the030building(initially'built as an agricultural storage shed) that sits at
Castleview is designed in a way that it could easily transition to a house.
The approval of this change of use appiication would mean that this building could be
utilised and given a purpose rather than solely being used for occasional items of
storage ashappens currently.
7
512

Page 23

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PERTH & KINROSS COUNC!
APPLXCATION No.....®.q(.£b.l}401o. }402/L
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22 JUN 2009
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517

Page 28

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5(i)(b)
LRB-2022-36
LRB-2022-36
22/00477/FLL – Change of use from agricultural storage
building to dwellinghouse, including alterations, extension
and installation of flue, land 160 metres north east of Logie
Brae Farm, Craigie, Clunie, PH10 6RG
PLANNING DECISION NOTICE 
REPORT OF HANDLING 
REFERENCE DOCUMENTS (part included in
applicant’s submission, page 513)
519

Page 30

520

Page 31

521

Page 32

522

Page 33

REPORT OF HANDLING
DELEGATED REPORT
Ref No 22/00477/FLL
Ward No P5- Strathtay
Due Determination Date 6th June 2022
Draft Report Date 25th May 2022
Report Issued by AMB Date 26 May 2022
PROPOSAL: Change of use from agricultural storage building to
dwellinghouse, including alterations, extension and
installation of flue
LOCATION: Land 160 Metres North East Of Logie Brae Farm
Craigie Clunie 
SUMMARY:
This report recommends refusal of a detailed planning application for the change of
use of an existing agricultural building to a dwelling on a site outside Clunie, as the
development is considered to be contrary to the relevant provisions of the
Development Plan and there are no material considerations apparent which justify
setting aside the Development Plan.
SITE VISIT:
In line with established practices, the need to visit the application site has been
carefully considered by the case officer. The application site and its context have
been viewed by a variety of remote and electronic means, such as aerial imagery
and Streetview, in addition to photographs submitted by interested parties. 
This information has meant that, in this case, it is possible and appropriate to
determine this application without a physical visit as it provides an acceptable basis
on which to consider the potential impacts of this proposed development.
BACKGROUND AND DESCRIPTION OF PROPOSAL
This proposal seeks the change of use of an existing modern agricultural building to
a dwelling, on a rural site outside Clunie within the Lunan Valley area. To facilitate
the change of use, some external alterations are proposed – which include dormers
at first floor level as well as other window / door alterations, and a small extension.
The main fabric of the building will remain. 
The site is accessed via private access, and it is proposed to connect to an existing
private drainage system which has been installed off site – and outwith the planning
red line planning site. 
PROCEDURAL MATTER
523

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Drainage / Redline
It is noted that the applicant has opted not to include the proposed drainage system
within the planning unit. In this case, they have connecting to an existing system,
which has not obtained planning permission in its own right and its installation is
specifically contrary to the terms of the planning permission which related to the
existing agricultural building. 
Drainage for this site is particularly sensitive, and is part of one of the main planning
issues. The exclusion of it from the planning application site is a concern, as any
forthcoming planning permission will seek control over the drainage system, which is
far more challenging if the system is outwith the redline - albeit within a blue line
which represents land within the applicants control. 
However, in this case as the ultimate recommendation is for a refusal it is considered
reasonable to process the planning application as it stands, however if in the event
of any approval of this application being forthcoming the issues over off site drainage
and controls over it should be fully considered before a decision is issued. 
SITE HISTORY
The area (including the site itself) has a very long history of refusals relating to a
combination of new build residential, and the siting of both temporary and permanent
caravans – all with new foul drainage. The most recent of which was 18/00489/IPL
for a new dwelling on the site opposite. 
An agricultural shed was approved on this site in 2009 (09/00170/FUL) however from
looking at the plans and images form Google, the shed has actually been built
approx. 10m further SE from the details shown on 2009 application, and drainage
installed. 
Condition 4 of the 2009 permission explicitly excluded private drainage. 
Both these elements may now however be time barred – if commenced / installed
10+ years ago, which is possible but not proven. 
PRE-APPLICATION CONSULTATION
A pre-application response was issued to the agent concerning this development
(19/00339/PREAPP), which raised concerns over the proposal’s compatibility with
the LDP2 and the SPG on Housing in the Countryside. 
NATIONAL POLICY AND GUIDANCE
The Scottish Government expresses its planning policies through The National
Planning Framework, the Scottish Planning Policy (SPP), Planning Advice Notes
(PAN), Creating Places, Designing Streets, National Roads Development Guide and
a series of Circulars.  The SPP looks to support new housing in the open countryside
524

Page 35

in sustainable locations, and to protect our environmentally sensitive sites from
inappropriate new developments. 
DEVELOPMENT PLAN
The Development Plan for the area comprises the TAYplan Strategic Development
Plan 2016-2036 and the Perth and Kinross Local Development Plan 2 (2019).
TAYplan Strategic Development Plan 2016 – 2036 - Approved October 2017
Whilst there are no specific policies or strategies directly relevant to this proposal the
overall vision of the TAYplan should be noted.  The vision states “By 2036 the
TAYplan area will be sustainable, more attractive, competitive and vibrant without
creating an unacceptable burden on our planet. The quality of life will make it a place
of first choice where more people choose to live, work, study and visit, and where
businesses choose to invest and create jobs.”
Perth and Kinross Local Development Plan 2 – Adopted November 2019
The Local Development Plan 2 (LDP2) is the most recent statement of Council policy
and is augmented by Supplementary Guidance.
The site is located within the landward area of the LDP2, and within the Lunan Valley
area where the following policies are applicable, 
Policy 1A: Placemaking  
Policy 1B: Placemaking  
Policy 5: Infrastructure Contributions  
Policy 19: Housing in the Countryside 
Policy 45A: Lunan Lochs Catchment Area  
OTHER COUNCIL POLICIES
Placemaking Guide 2020
This is the most recent expression of Council policy towards Placemaking
Standards. 
Developer Contributions and Affordable Housing 2020
This is the most recent expression of Council policy towards developer contributions. 
Housing in the Countryside 2020
This is the most recent expression of Council policy towards new housing in the
open countryside. 
EXTERNAL CONSULTATION RESPONSES
Scottish Water have commented on the proposal and raised no objections. 
525

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INTERNAL COUNCIL COMMENTS
Transport Planning have commented on the proposal and have raised no
objections in terms of the proposed vehicular access and parking issues. 
Development Contributions Officer has commented on the proposal and indicated
that a developer contribution in relation to Primary Education is required in the event
of any approval being forthcoming. 
Environmental Health have commented on the proposal in terms of the proposed
stove and air quality and have recommended a standard condition to be attached to
any permission. 
Biodiversity/Tree Officer was consulted on the proposal but have opted not to
make any specific comment. 
REPRESENTATIONS
One letter of representation has been received, which is a neutral comment. 
The main points raised within this letter is that there is a concern that if this
application is approved, a similar proposal will be supported (eventually) to the west
ie consent for a agricultural store proposed, then in the future a further application
lodged for a dwelling. 
A concern has also been raised about the volume of traffic using the private access. 
ADDITIONAL STATEMENTS
Screening Opinion EIA Not Required
Environmental Impact Assessment (EIA):
Environmental Report
Not applicable
Appropriate Assessment AA Not Required (refusal)
Design Statement or Design and Access
Statement
Submitted
Report on Impact or Potential Impact Not Required
APPRAISAL
Sections 25 and 37 (2) of the Town and Country Planning (Scotland) Act 1997
require that planning decisions be made in accordance with the development plan
unless material considerations indicate otherwise.  The Development Plan for the
area comprises the approved TAYplan and the adopted LDP2.
In terms of other planning considerations, consideration of the Council’s SPG on
Placemaking, Housing in the Countryside and also Developer Contributions are all
material considerations. 
526

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Policy Appraisal
In terms of land use policies, the key policies are found within the LDP2. 
Within that plan, Policy 1 (Placemaking), 19 (Housing in the Countryside) and also
45 (Lunan valley) are all relevant. 
Policy 1 seeks to ensure that all new developments do not have an adverse impact
on the area in which they are located, whilst Policy 19 is the LDP2 version of the
HITC policy and needs to be read in conjunction with the SPG of 2020. Both these
policies offer support for new housing in the open countryside, in certain instances. 
Policy 45 looks to protect the environmentally sensitive Lunan Valley area, and to
control private drainage. 
Land Use
The site is located within the landward area, where the housing in the countryside
policies are applicable – as contained within the LDP2, and the SPG of 2020. Both
these documents look to offer support for new housing in the open countryside in
certain instances. 
The proposal is not part of a building ground, not an infill site, not a renovation or
replacement of an existing house and is not a brownfield site. 
The HITC polices offer support for the conversion (or replacement) of non-residential
buildings, but this only relates to traditional buildings – not modern ones. The fact
that this agricultural store has been wet dashed and finished with slates does not
make it traditional. 
The HITCG 2020 defines ‘traditional’ as being a building which was built before
1919, and as such the proposal does not accord with this section of the HITC
policies. There is also some doubt about whether or not the building is redundant, or
still in use. If the building is not redundant, then as well as not being traditional, it
would also not align with the redundant element of the HITC policy. 
The HITC policies also offer support for economic need housing, and some mention
of this has been made within the applicant’s supporting submission. However, the
extent of the ‘blue line’, which indicates land within the applicant’s control appears
relevantly small for a functional farm unit and there is no indication of what is
occurring on the land in terms of a functional farm operation, and a detailed
justification labour unit report. There is also no details of where the main farm
buildings are, and how the farm functions. 
Ultimately, there is insufficient information available to demonstrate beyond
reasonable doubt that firstly, there is a genuine farm operation in existence and
secondly that there is a need for onsite presence. 
In all, the proposal does not accord with the HITC as contained within the LDP2 or
the SPG of 2020. 
527

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Visual Amenity, Design and Layout
In terms of the impact on the visual amenity of the area, the proposed changes
would improve the appearance of the dwelling, 
However, this alone is not a reason for supporting the proposal when the principle of
a residential use on the land is not acceptable and there remains a concern over the
proposed drainage arrangements. 
Residential Amenity
The proposal does not directly affect any existing residential amenity. A standard
condition should however be attached to any permission in relation to the stove, to
ensure air quality is protected. 
In terms of being able to provide a suitable level of residential amenity for future
occupiers of the dwelling, a suitable level of usable amenity space is being delivered
for the size of dwelling proposed. 
Roads and Access
The proposal raises no issues in terms of road relates matters. 
Drainage and Flooding
In terms of drainage issues, the site is located within an environmentally sensitive
area which is locally known as the Lunan Valley. New stand-alone systems are not
generally permitted within this area, and a new development must ensure that the
total phosphorus discharge must not exceed the current level. 
In this case, the approved agricultural unit had a negatively worded condition which
was explicit insofar as no foul drainage was to be approved. Regardless of whether
or this element is immune from enforcement action, it is unregulated and
unconsented, and the exact details of the system which has been installed has not
been provided.  
No details of many people have been using the inside toilet have been submitted,
what the capacity of the existing system is and how it discharges - so even working
on a basis that the system is now immune from enforcement, if it cannot be
demonstrated that the existing usage would be comparable to a family home – the
proposed residential use would not comply with Policy 45 of the LDP2 as it has not
been demonstrated that the phosphorus discharge from this development does not
exceed current levels. 
It is also not clear is a CAR licence is in place for the existing system, and the
proposed system is outwith the red line planning site. 
Conservation Considerations
The proposal does not impact on any cultural heritage issues. 
528

Page 39

Natural Heritage and Biodiversity
The proposed drainage arrangements could have an adverse impact on the integrity
of the Lunan Valley area, which is environmentally sensitive. In the event that the
existing building, which has been built with slates, has been empty for some time
then there could be local or protected habitats using the building and this should be
assessed further in the event of any approval being considered. 
Developer Contributions
In the event of any approval being forthcoming, a developer contribution in relation to
Primary Education would be required to be secured. 
Economic Impact
The economic impact of the proposal is likely to be minimal and limited to the
construction phase of the development.
VARIATION OF APPLICATION UNDER SECTION 32A
The planning application has not been varied. 
PLANNING OBLIGATIONS AND LEGAL AGREEMENTS
None required. 
DIRECTION BY SCOTTISH MINISTERS
None applicable to this proposal.
CONCLUSION AND REASONS FOR DECISION
To conclude, the application must be determined in accordance with the
Development Plan unless material considerations indicate otherwise.  In this respect,
the proposal is considered to be contrary to the Development Plan.  Account has
been taken of the relevant material considerations and none has been found that
would justify overriding the Development Plan.
Accordingly the proposal is refused on the grounds identified below. 
1 The proposal is for a conversion of a non-traditional building in an isolation
location, which is not part of a building group or an infill opportunity. There is
insufficient evidence to demonstrate that there is a justified economic need for
a dwelling in this location. To this end, the proposal is contrary to Policy 19
(Housing in the Countryside) of the adopted Perth and Kinross Local
Development Plan 2 (2019) and the associated Housing in the Countryside
Guide 2020 as the development does not accord with any of the 6 listed
categories of acceptable development. 
529

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2 It has not been demonstrated that the total phosphorus discharge from the
development will not exceed the current level permitted by an existing SEPA
CAR discharge consent licence/authorisation, in accordance with the Water
Environment (Controlled Activities) (Scotland) Regulations 2011 (as
amended). In addition, the proposed (current) private drainage system is
outwith the planning application site which reduces the ability for any potential
conditional control. To this end, the proposal is contrary to Policy 45 (Lunan
Lochs Catchment Areas) of the adopted Perth and Kinross Local
Development Plan 2 (2019) which seeks to protect the environmentally
sensitive lochs by controlling foul drainage arrangements for new
developments. 
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
The applicant should be aware that an enforcement investigation in relation to the
authorised foul drainage system, and the amended location of the approved
agricultural shed - is to commence. 
Procedural Notes
Not Applicable.
PLANS AND DOCUMENTS RELATING TO THIS DECISION
01 – 07 (inclusive) 
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5(i)(c)
LRB-2022-36
LRB-2022-36
22/00477/FLL – Change of use from agricultural storage
building to dwellinghouse, including alterations, extension
and installation of flue, land 160 metres north east of Logie
Brae Farm, Craigie, Clunie, PH10 6RG
REPRESENTATIONS
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5(i)(d)
LRB-2022-36
LRB-2022-36
22/00477/FLL – Change of use from agricultural storage
building to dwellinghouse, including alterations, extension
and installation of flue, land 160 metres north east of Logie
Brae Farm, Craigie, Clunie, PH10 6RG
FURTHER INFORMATION
555

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556

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E»
E Perth and Kinross Local Review Body
§ Council Building {
E 2 High Street ' n
g PERTH PHl 5PH Date: IZQQZCZZI
Attn. Lisa Simpson
Dear Ms Simpson
APPLICATION REF. 22I00477IFLL - Proposed Change of Use from
agricultural storage building to dwelling house, Craigie, Clunie for
Mr and Mrs DuncanzyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA
I refer to your letter dated 6 December 2022, and would respond as follows
(i) Noted
(ii) We note that the SAC Consulting Report will be taken into consideration
by the Local Review Body . 030
(iii) We enclose a copy of the Consulting Engineer's detailed drawing (06) of
- the drainage/disposal plant which was installed030atthe time of the construction
of the building. This received a Building Warrant dated 5 October 2010. No 031
doubt the Phosphorous Mitigation statistics were approved at that time, but we
are happy to pursue this aspect further (allowing for the imminent holiday
period) and liaise with the appropriate authority, eg SEPA and your Building
Standards section, to supply any further information required.
(iv) Noted
Y s sinceéwfm
'd Roche Agent
557

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20302, 030
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E Perth and Kinross Council
93 2 High Street
& Perth PH1 SPH 2 Feb 2023
Attn Lisa Simpson
Dear Ms Simpson
APPLICATION REF. 22/00477/FLL - Proposed Change of Use from
agricultural storage building to dwelling house, Craigie, Clunie for
Mr and Mrs Duncan
Further to previous correspondence, we would respond as follows:-
We have had extensive consultations with Klargester and our civil
engineers. Klargester do not furnish phosphate data, but assure us that
they will supply a 034beltand braces" piece of additional equipment030which
- having been used in the Loch Leven area - will be to the full satisfaction
of PKC,
It is our understanding that the Building Warrant issued in 2010, when
replacing the old system, will have satisfied all relevant criteria, but
whatever may be required by PKC and SEPA to achieve current
standards will be carried out.
We trust this is satisfactory, and look fonNard to hearing further from you
regarding the committee meeting date.
David Roche , Agent
559

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Comments from Planning Officer on SAC Report
General observations about the SAC report:
1. The report is not up to date and is 6 months+ old (May 2022).
2. The farm only comprises 8 adult cows, their calves (15 or so) and 4 lambing
sheep (8 lambs yearly?).  This is not an excessive farm business.
3. There are no accounts to demonstrate that the farm is financially sound and
economically viable. Audited accounts for a period of between 3-5 years are
expected to demonstrate this.
The main observation is that the report indicates that the overall labour units of the
farm is only 0.23 labour units. 
One labour unit equals one full time equivalent worker.
Based on the report, the farm business requires around ¼ of a full time worker to
operate as it currently does. 
For planning applications to be considered for support under the economic need
element of the HITCG 2020 / Policy 19 of the LDP2, there needs to be clear
evidence of need.  The threshold for this is typically one full time labour unit per new
residential unit.  This has not been demonstrated in this case. 
Andy Baxter
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2
E
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E
b The Clerk to the Local Review Body 15 March 2023
E Perth and Kinross Council
i Dear Ms Simpson
Application Ref. 22I00477 - Change of Use from Agricultural Storage
building to Dwellinghousel Craigie, Clunie :- for Mr W and Mrs J Duncan
Thank you for your letter dated 1 March 2023 and the attached written
response from Development Management (Planning). We have the following
comments to make in response to the latter. and an additional representation
from Urban Rural Design will be e-mailed by close of business today (15th.)
1 Mr Baxter states that the SAC Report is 034notup to date...and is 6 months
old". We have previously explained that this Report was delayed due to SAC
staff shortages / the pandemic etc., which was outwith our control. To imply ,
that being 0346months old" adversely affects the validity of its recommendations
seems unreasonable. '
2. We do not understand the statement that 034Thisis not an excessive farm
business." Also, 034a1/4 of a farm worker" is one worker. Mr Duncan has been
that one worker for many years, and only seeks to continue his passion by
giving his animals the best care. Sadly this has not proved possible on several
occasions because of his difficulty in responding soon enough - living 20
minutes away. Veterinary professionals will attest to his high standards of
care, and he is fully qualified, with NFU membership , QMS assured, BRN
registered. licensed to transport livestock, appropriately insured etc., etc.
This is not a 034hobby"operation.
3. As for accounts. I am not aware that these have been previously requested,
but are available of course.
In conclusion. we are happy to consider any reasonable amendments to the
proposals, for example removing any upper floor shown on our plans.
We trust this is helpful meantime.
Yours sincerely David Roche Architect/Agent
565

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566

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ApplicaƟon Number 22/00477/FLL 
Change of Use of Agricultural Storage Building to Dwellinghouse,
including alterations, extension and installation of flue, land 160
meters north east of Logie Brae, Craiagie, Clunie 
Please find below our response to the Comments received on the 1st March 2023 to the
Development Quality Manager on ApplicaƟon ref. LRB-2022-36 
We acknowledge receipt of the wriƩen submission received from Development Management which
was requested by members of the local review body. 
We wish to respond to this by noƟng our wish to have this applicaƟon considered by the local review
body in the round as we believe this applicaƟon presents a unique set of circumstances, in that this is
not a proposal for a new build dwelling which requires a labour jusƟficaƟon to support. In this
instance the applicant is submiƫng a proposal for a change of use, of an arguably atypical,
redundant agricultural shed which is surplus to requirements and the proposals tabled for its
sympatheƟc change of use to a dwelling for the farmers farming their Agricultural holding. 
There has also been other policies and legislaƟon which have come in to play. Just before the
applicaƟon presented was submiƩed and laterally with the naƟonal planning direcƟve, raƟfied last
month by the Scoƫsh Government, which we wish to make reference to within our response as
these are of specific interest we feel when considering this applicaƟon.   
In response the leƩer received: 
We acknowledge that the Labour jusƟficaƟon statement falls short of the threshold deemed
appropriate in terms of man hours, however the agricultural holding is acƟve and one which would
definiƟvely benefit from the onsite presence of the farmer for welfare and security reasons . 
To this end we feel this applicaƟon should be assessed in the round, given that the building proposed
is already primarily evident on site, albeit one which is redundant and no longer suitable to meet the
needs of the agricultural unit. 
We would therefore like to take this opportunity to reiterate a few points that we feel are worth
considering in this unique circumstance: 
The Housing in the Countryside Policy – Supplementary Guidance : 
The Local Development Plan 2 Policy 19: Housing in the Countryside specifically states the aims of the
policy are as follows: 
 safeguard the character of the countryside; 
 support the viability of communiƟes; 
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 meet development needs in appropriate locaƟons; 
 and ensure that high standards of siƟng and design are achieved. 
Central to achieving this is harnessing the potenƟal of the numerous redundant tradiƟonal rural
buildings which contribute to the character and quality of the countryside. 
We feel the applicaƟon presented in essence meets all these key criteria set out above. 
SiƟng: 
As per the supporƟng statement submiƩed as part of the planning applicaƟon package, the
applicants have farmed as tenants on the holding since 2011, following which they purchased the
agricultural farmland and shed in 2019 from the previous owners. 
The incumbent agricultural shed relaƟng to this applicaƟon was constructed by the previous owner
in 2009 and our clients subsequently bought the shed and land in 2019 in good faith. 
Therefore the locaƟon of the shed in relaƟon to the previous applicaƟon was not within our clients
control or influence. Whilst it is unfortunate that the shed was built 10m away from the original
approved locaƟon to some degree this is immaterial to the current applicaƟon as the shed has been
in situ for over 10 years and therefore as noted in the report of handling, is duly accepted because of
the Ɵme – bar rule. 
Notwithstanding this the applicaƟon in 2009 was approved by Perth and Kinross Council as an
agricultural shed and therefore deemed appropriate in terms of massing, siƟng and general locaƟon.
Given the shed has been erected since 2009, 14 years, it is also arguably an integral part of the
character of the countryside fabric in this area. 
The current housing in the countryside policy and guidance specifically notes that ALL sites must
firstly meet the siƟng criteria set within the guidance – copy of which is noted below with our site-
specific response noted: 
Have designaƟons or constraints that may affect development in the area been considered?   
To our knowledge there are no design consideraƟons which effect the proposed development as the
building is already in place and the proposed alteraƟons are relaƟvely minimal in nature, given the
overall massing and form is in situ.   
The designaƟon of the Lunan Valley catchment area, and the appropriate means of dealing with the
phosphorous ouƞall, will result in a technical soluƟon and therefore an aspect that we feel could be
condiƟoned on a successful determinaƟon based on the informaƟon submiƩed as part of the original
applicaƟon. 
The applicaƟon we feel therefore meets this part of the criteria. 
Does the design respond well to site topography? Is excessive underbuilding avoided? 
There is no underbuilding and we believe the shed, as it currently sits, is located well with the local
topography as it has a rising landform behind and therefore meets the criteria. 
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Does the proposal compliment and / or enhance the local vernacular? Are buildings sympatheƟc in
terms of scale and proporƟon to other dwellings in the locality? Large, single storey, deep plan
houses, for example, can appear out of scale in a countryside seƫng. 
The Shed displays a tradiƟonal form, akin to that found of buildings of a more residenƟal feel i.e
pitched roof and simple plan form in line with that expected given its approved use. It uƟlises
tradiƟonal materials such as wetdash render and slate effect Ɵles, not common of a typical
agricultural shed set within the landscape currently, i.e. it Is not a steel framed, metal clad, modern
agricultural shed. 
To some degree this is to the credit of the build that the previous owner had made a conscious effort
to conform with tradiƟonal materials, so therefore we feel the shed compliments the local vernacular
and meets the criteria. 
Are roof heights and extensions appropriate in scale and do they avoid dominaƟng the dwelling? 
The minor alteraƟons proposed as part of this applicaƟon are sympatheƟc and are enƟrely within
keeping of the original essence of the building. A number of the design tweaks would be considered
under householder permiƩed development if these amendments were to be made to an established
dwelling. Therefore we feel this aspect of the siƟng criteria is met. 
Does the design and finish of outbuildings reflect the style of the main dwellings? 
Not applicable to this applicaƟon as there are no outbuildings proposed. 
Does the design and siƟng of the house facilitate energy efficiency in terms of solar gain and
shelter? 
The shed is orientated north / south and sheltered from south westerly prevailing winds by the tree
belt, therefore the orientaƟon possess no concern in terms of energy efficiency. 
Are materials sourced responsibly? Are exisƟng materials, parƟcularly stone and slate, reused
where possible? 
This applicaƟon is the very essence of sustainable development, taking a redundant building and
giving it a new lease of life, therefore all materials arguably have the upmost sustainability
credenƟals. 
Is the proposal well integrated with the exisƟng landform and does it avoid dominaƟng the
landscape? 
The shed has strong landscape boundaries to the south east and south west through mature tree
belts, a landscape boundary to the north east and north west through exisƟng hedging, shrubbery
and self seeded trees, the site therefore displays robust boundaries which is favoured as part of
siƟng criteria. 
The shed as it currently sits does not in any way dominate the landscape and is effecƟvely screened
from any vantage point. Therefore this part of the guidance is also met. 
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Having reviewed the Criteria for siƟng, the applicaƟon in quesƟon meets all the required criteria, as
outlined above, in our opinion. 
In terms of the jusƟficaƟon and which aspect of the policy the proposals are to be assessed under is
also key to meeƟng the key aspects of the guidance. 
Policy 19 therefore supports proposals for the erecƟon, or creaƟon through conversion, of single
houses and groups of houses in the countryside which fall into at least one of the following
categories: 
(1) Building Groups
(2) Infill sites 
(3) New houses in the open countryside on defined categories of sites as set out in secƟon 3 of the
Supplementary Guidance 
(4) RenovaƟon or replacement of houses 
(5) Conversion or replacement of redundant non-domesƟc buildings 
(6) Development on rural brownfield land The applicaƟon of Policy 19 is limited within the Green Belt
to proven economic need, conversions or replacement buildings (Categories 3.3, 4 and 5). 
Our understanding is in line with that noted by the planning officer in that the HITC polices offer
support for the conversion (or replacement) of non-residential buildings, but this relates to
traditional buildings. 
We note the definiƟon of TradiƟonal Buildings in the HITC Policy: 
For the purposes of this Supplementary Guidance, 'tradiƟonal buildings' are defined as buildings
usually constructed before 1919 of materials which would have been available in the local area at
that Ɵme, largely stone (with or without harling) and slate. 
The wording of the policy is open to interpretation as it is not ‘solely or restricted to’ Traditional
buildings constructed pre 1919 , it is usually  - the definiƟon of usually :
Commonly encountered, experienced, or observed
or  In conformity with regular practice or procedure: 
We wish to note that in this instance the agricultural building in question is not usual or commonly
encountered, in our experience, when considering agricultural sheds erected post 1919. 
The building is not as quoted within the policy guidance typical of non- traditional - non-domesƟc
buildings and structures constructed of modern materials such as steel, corrugated iron or concrete;
this shed uses none of these materials. 
We therefore feel the shed should be considered for what the building displays, it is not a metal clad,
steel framed modern agricultural building and more akin to a tradiƟonal form and materials as that
stated harling and slate effect Ɵles, albeit erected post 1919. 
Furthermore the prior noƟficaƟon planning policy and permiƩed development circular, adopted in
April 2022, permits farmers to convert agricultural buildings, on an agricultural holding, providing
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they pre-date November 2019, into housing. There is no sƟpulaƟon on the age or requirement for
these to be ‘ tradiƟonal’ either. 
In order to meet the prior noƟficaƟon criteria, the footprint area can be no more than 150sqm per
unit, of which this sheds current footprint meets. Therefore without the modest small entrance
porch this development would potenƟally meet the criteria of permiƩed development under
agricultural prior noƟficaƟon. 
Furthermore the NaƟonal Planning Framework 4 (NPF4) which has recently been raƟfied by the
Scoƫsh government has also made reference to rural planning policies and our understanding is that
applicaƟons need to be assessed under the local LDP, however should there be a deviaƟon in relaƟon
to the naƟonal policy , the naƟonal policy takes precedence. Therefore as outlined below
Development proposals for new homes in rural areas will be supported where the development is
suitably scaled, sited and designed to be in keeping with the character of the area and the
development, in this case reuses a redundant or unused building; 
The NPF4 makes no reference to the buildings need to be ‘tradiƟonal’ therefore in our opinion the
current proposals also meet the current naƟonal planning framework. 
Extract from NaƟonal Planning Framework 4 (NPF4) 
Rural homes Policy Principles Policy Intent: 
Policy 17 a) Development proposals for new homes in rural areas will be supported where the
development is suitably scaled, sited and designed to be in keeping with the character of the area and
the development:
i. is on a site allocated for housing within the LDP; 
ii. reuses brownfield land where a return to a natural state has not or will not happen
without intervenƟon; 
iii. reuses a redundant or unused building; 
iv. is an appropriate use of a historic environment asset or is appropriate enabling
development to secure the future of historic environment assets; 
v. is demonstrated to be necessary to support the sustainable management of a viable rural
business or croŌ, and there is an essenƟal need for a worker (including those taking
majority control of a farm business) to live permanently at or near their place of work; 
vi. is for a single home for the reƟrement succession of a viable farm holding; 
vii. is for the subdivision of an exisƟng residenƟal dwelling; the scale of which is in keeping
with the character and infrastructure provision in the area; or 
viii. reinstates a former dwelling house or is a one-for-one replacement of an exisƟng
permanent house. 
In conclusion we fully appreciate that planning applicaƟon proposals require to meet the
development policies set out in Perth and Kinross LDP3 and also NPF4. We believe the applicaƟon
presented does whole heartedly fall within the polices as outlined above. 
The proposal meets all the required siƟng criteria and represents the most sustainable form of
development through the reuse of a redundant, unsuitable incumbent building. 
Our clients, as expressed within the applicaƟon, have a requirement to be on site to ensure animal
welfare and to reduce the unsustainable transport involved in farming the site remotely.  The
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proposal has no detrimental impact on the countryside and therefore we feel this applicaƟon should
be approved.
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1
Audrey Brown
From: Andy Baxter
Sent: 20 April 2023 15:12
To: Audrey Brown
Cc: Christine Brien; Paul Williamson
Subject: FW: LRB-20220-36 (Request for Comments)
Attachments: 
Lunan_Lochs_2020_Adopted (1).pdf
Hello Audrey, 
Thanks for the email. 
There is not to much to comment on I’m afraid. 
In order for the proposal to be potential compliant with Policy 45 of the LDP2,
the applicant / agents needs to provide detailed information that can
demonstrate how they are delivering a 125% betterment in terms of the
phosphorus loading on the environmentally sensitive lochs. 
This requires more than just a super-efficient new onsite system, and typically
requires an existing system either onsite (which is not applicable here) or off
site being upgraded - to provide the required mitigation, in combination with
the new system (if they are different). 
An example of the calculations required can be seen on P8 of the attached
guidance. In addition to the working out of the numbers, we also require the
names of the property(s) being upgraded, their sizes in terms of bedrooms, the
location of their systems and details of both the existing old system(s) and what
is (has) going (gone) in as the replacement. 
Part of that has been submitted in terms of what is in. 
The additional information does not include enough of the required
information, so nether I or SEPA can comment further on whether or not
acceptable mitigation has been provided, or can be.  
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I would also add that as per the ROH the existing foul drainage did not benefit
from any planning permission, and the application before the LRB does not seek
to regulate it- so the planning advisor should be mindful of that. 
Lastly, as I’ve mentioned previously, in terms of their labour units, it is really
important that the LRB panel of members fully understand that 0.25 labour
units equates to a ¼ of a typical full time post, and that the current farm only
comprises 8 adult cows, 15 or so calves and 4 lambing sheep (8 lambs yearly?).
Whilst we do try to be as reasonable, pragmatic and helpful as possible to our
local farmers and rural workers, the bar for a new house that is solely based on
economic need is normally set at getting a minimal justification for at least 1 full
time equivalent – which is accompanied by appropriate accounts, stock details,
business plan etc to demonstrate that the business is established and viable. 
We don’t have this here. 
Moving towards an approval based on 0.25 labour units would set a very
difficult precedent for other cases. 
Hope this helps. 
Andy Baxter 
Planning Officer 
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Lunan Valley Area Dunkeld - Blairgowrie
Lochs Special Area of Conservation
Planning advice in relation to phosphorus and foul drainage in the
catchment area (2020)575

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Contents
1 Introduction 1
2 The Importance of Dunkeld - Blairgowrie Lochs 1
3  The Nutrient Problem at Dunkeld - Blairgowrie  
Lochs SPA 2
4  Planning Authorities’ Obligations 2
5	 Proposals	that	may		Affect	Dunkeld	-	Blairgowrie		
Lochs SPA 3
6 Phosphorus Mitigation Checklist 4
7 Submitting a Planning Application 5
8  Phosphorus Mitigation Calculation 6
9 Additional Points for  Phosphorus   Mitigation  6
10 Why 125%? 7
11 SEPA Authorisation 7
12 Before Development Can Commence 8
13 Further Considerations 8
14 Contact 9
All images in this document are credited to NatureScot.
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1
1 Introduction
The guidance provides advice on the types of appropriate
information and safeguards to be provided in support of your
planning application so that it can be properly and timeously
assessed by Perth & Kinross Council, and includes:
• An explanation of planning authorities’ obligations when
evaluating planning applications;
• Advice on the nature of developments that may affect the Lunan
Lochs Catchment Area; and
Examples of information which you need to submit with your
planning application and application for a foul water discharge
licence under The Water Environment (Controlled Activities)
(Scotland) Regulations 2011 (as amended) (CAR) – there is a flow
chart on page 4 taking you through the key questions and answers/
solutions. 
This guidance relates specifically to water quality of the Dunkeld-
Blairgowrie Lochs SAC and phosphorus entering the loch’s
catchment. There may be other qualifying features of the SAC
which could be affected by development proposals e.g. disturbance
to otters or habitat change.
2 The Importance of the Dunkeld -   
Blairgowrie Lochs
The Dunkeld-Blairgowrie Lochs
consists of a chain of five
kettle hole lochs that are of
international importance for their
aquatic habitats and species,
including slender naiad. The
site 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.
This guidance aims to assist anyone submitting
planning applications which are:
•  within the Lunan Lochs Catchment Area
• which could affect the water quality of Dunkeld–
Blairgowrie Lochs Special Area of Conservation
(SAC).
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2
3 The Nutrient Problem at the Dunkeld - 
Blairgowrie Lochs
Nutrients such as phosphorus entering the loch catchment from
manmade sources have caused problems with water quality for
many years. Elevated nutrient levels in warmer months can lead
to cyanobacteria or blue-green algae blooms. These bacteria can
be toxic to people, pets, livestock and wildlife. An algal bloom can
therefore result in a loss of amenity as the public have to avoid the
lochs until the bloom has passed and may also result in fish and
potentially livestock deaths. As the bloom subsides and the algae
breaks down there is an associated depletion in the oxygen level
in the loch which will have a further damaging effect on the loch
ecosystem.
Much work has been undertaken over the last decade to reduce
the input of phosphorus into the lochs.  Recent monitoring has
shown this is leading to an improvement in the ecological quality of
the loch.  However, this improvement is still vulnerable to setbacks
so there is a continuing need to reduce both phosphorus inputs to
the lochs.
The aim is therefore to ensure that there is no increase
of phosphorus in the Dunkeld- Blairgowrie Lochs
catchment arising from waste water associated with
new developments. If there is an increase in phosphorus
discharging to the loch, there could be a detrimental
effect	on	water	quality,	and	a	knock-on	effect	for	
ecology.
4 Planning Authorities’ Obligations
The European legislation under which sites are selected as SACs
is the Habitats Directive, which sets out obligations on Member
States to take appropriate steps to avoid “the deterioration of
natural habitats and the habitats of species as well as disturbance
of the species for which the areas have been designated, in so far
as such disturbance could be significant.”
These obligations relate to “Competent Authorities” such as
Planning Authorities. 
Planning Authorities can only agree to development
proposals after having ascertained that they will not
adversely affect the integrity of the site. If the proposal
would affect the site and there are no alternative
solutions, it can only be allowed to proceed if there are
imperative reasons of overriding public interest.
Perth and Kinross Council apply Policy 45: Lunan Lochs
Catchment Area1 as laid out in Local Development Plan 2 to assist
them in their consideration of a development proposal.
1 Dunkeld-Blairgowrie Lochs SAC catchment and the Lunan Valley
Catchment Area are coincident.
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3
New developments, conversions
or extensions where the
potential capacity to house
people is being increased
may impact on the Dunkeld -
Blairgowrie SAC.
If the proposed development
lies in the catchment as shown
by the red line on the map, you
may be required to provide
phosphorus mitigation for your
development, as detailed in the
sections below. 
The map is a guide – if a
development is near the border
confirmation should be sought
as to whether it is within the
Lunan Lochs catchment.
5		 Proposed	Projects	that	May	Affect	the	Dunkeld-	Blairgowrie	Lochs	SAC
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4
6 Phosphorus Mitigation Checklist
Will the drainage be diverted outwith the catchment area? Submit normal planning
application
No
Yes No
Yes
Phosporus Mitigation Proposals
Drainage must be put in place mitigation that is capable of removing 125% of phosphorus likely to be generated by the development from
the Lunan Lochs catchment (Policy 45) and apply to SEPA for a licence to discharge under the Water Environment (Controlled Activities)
(Scotland) Regulations 2011 (as amended). See section 8 for a worked example of phosphorus mitigation.
Acceptable forms of phosphorus mitigation
Upgrade the septic tank of an existing property within the
catchment area to an active system that reduces phosphorus
(secondary/tertiary treatment plant) - this may be with a third
party.
Unacceptable forms of phosphorus mitigation
• Change in agricultural practice;
• Change in land use;
• Using “capacity” from a previous application.
Is the proposal for a new development, conversion or extension where the potential capacity for housing people being increased; and
does the new development have any phosphorus discharge (e.g. foul water drainage, sewage, septic tank or sink discharges)?
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5
7  Submitting a Planning Application
With your full planning application or AMM (approval of matters
specified in conditions) you will need to provide details of:
a. the proposed development;
b. an existing property to be upgraded – which has not already 
been identified as mitigation for another planning application;
c. phosphorus mitigation calculations – include numbers of
potential bedrooms of all properties, and methods of drainage
(primary/secondary/tertiary treatment plant).1  Treatment plant
should conform to BS EN 12566:3 and have demonstrated its
phosphorus reduction capabilities.  You will need to demonstrate
that the total phosphorus loading from the existing property can
be reduced by at least 125% of the phosphorus loading likely to
be generated by the new development (Policy 44) – see worked
example overleaf
Any treatment plant should conform to BS EN 12566:3
and have demonstrated its phosphorus reduction
capabilities in accordance with this standard. To obtain
certification to EN12566,3 plants must undergo rigorous
independent testing which results in a documented
mean discharge standard. The mean standard in the
EN12566:3 certificate is a clear and unambiguous
assessment of the performance of the plants, and is
used in CAR licences for unsampled licenced sewage
discharges (i.e. discharges of less than 200 PE).
EN12566:3 is normally used to assess performance
against BOD and ammonia, but can also be used to
assess performance against total phosphorus.
_________________
1. The latest version of British Water  Code of Practice - Flows and Loads
has details of loadings from a variety of sources
• Discharge from all the properties will require authorisation
by SEPA under The Water Environment (Controlled
Activities) (Scotland) Regulations 2011 (as amended)
(CAR) who will set discharge limits through licensing. The
licensing process has a 4 month determination period from
the date of application.  Progressing the CAR applications
at the same time as the planning application will ensure
an applicant is aware of whether a proposed scheme is
capable of being consented under CAR. (see section 11
below). 
• The discharge limits set by SEPA must be complied with at
all times.
• Foul water treatment plants need to be frequently
maintained to work properly and discharge within the
licensed limits. Evidence of regular maintenance contracts
must be provided as part of the SEPA water use licence.
• Sites which will not connect to the Scottish Water Network
which have 50>p.e. should contact SEPA at the earliest
opportunity as additional investigatory work will be required
prior to a discharge licence application being submitted.
• In cases of great complexity or uncertainty the
Precautionary Principle will be adopted. The assumption
being that where there are real threats of damage to the
environment, lack of scientific information should not be
used as a justification for postponing measures to prevent
such damage occurring.
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6
8  Phosphorus Mitigation Calculation:                   
worked example2        
Existing properties should not be removed from a larger foul
drainage treatment system to provide mitigation for a new
development. The applicant should seek to upgrade the larger
system in its entirety, regardless of how much in excess of 125%
mitigation value this provides. Also, wherever possible, applicants
should seek to use a single treatment system for a proposed multi-
property development, rather than separate systems for individual
properties.
Any novel proposals where mitigation is not from a single existing
property, should be discussed with SEPA at the earliest stage
possible, in order to ensure the proposal is acceptable.
For the purposes of mitigation, ascribed values will be used for
calculations, where a septic tank is assumed to discharge 10mg/l
of phosphorus, and an existing secondary treatment system 5mg/l.
New treatment system discharge standards will be based on the
system being installed. Alternatives to the ascribed values may be
considered where there is adequate historical data which meets
approved quality standards. In these cases contact should be
made with SEPA at the earliest opportunity. Please note that we do
not accept any discharge quality standard below 2mg/l at present.
Mitigation of an existing system can only be linked to a
development at full planning stage. SEPA will only comment on
phosphorus mitigation proposals at full planning application stage.
Background
Average amount of water per person per day 150 L
Primary treatment: septic tank, standard discharge
of phosphorus as a mean
10mgP/L
Daily discharge of phosphorus per person 1500mgP
Secondary treatment: package treatment plan as a
mean
5mgP/L
Daily discharge of phosphorus per person 750mgP
Proposed Development
3 bedroom house in Person Equivalent (PE)
Secondary treatment to be installed
5 PE
5mgP/L
Daily Discharge of phosphorus (750mgP x5PE) 3750mgP/day
Phosphorus Mitigation x125%
Mitigation required is 125% of P discharged from
new development: 125% x 3750mgP/day
4688mgP/day
Proposed mitigation to upgrade septic tank for named 5 bedroom
house (7PE) to secondary treatment plant
Existing discharge 150L x 10mgP/L x 7PE 10,500mgP/day
Discharge after upgrade@5mgP/L: 750mgP x 7PE 5,250mgP/day
Mitigation offered: 10,500mgP/day - 5250mgP/day
Mitigation in excess of requirement
5250mgP/day
____________________________________
2. Calculations based on British Water Code of Practice “Flows & Loads  -
Sizing Criteria, Treatment Capacity for Small Wastewater Treatment Systems
9 Additional Points for Phosphorus   
Mitigation Proposals
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7
11  SEPA Authorisation
SEPA regulates discharges to water and land under The Water
Environment (Controlled Activities) (Scotland) Regulations 2011
(as amended) (CAR).  All CAR Registration level private sewage
discharges in the Lunan Lochs catchment area will be escalated
to simple licence level, to allow adequate assessment of the
discharge. Progressing the CAR applications at the same time
as the planning application will ensure the applicant is aware of
whether a proposed scheme is capable of being consented under
CAR.
Please note that additional authorisation for development activities
adjacent to, and in the vicinity of watercourses may be required
under the Controlled Activities Regulations. A higher level of licence
protection may also be required for activities that may impact on
the loch SPA, such as engineering works in inland waters, water
abstraction, impoundment or discharge to land and water.  Any
such authorisation will also need to first consider the effects on the
SPA.
For details on these activities including CAR requirements see
www.sepa.org.uk/regulations/water/
Activities should also comply with:
• SEPA’s Pollution Prevention Guidance including: GPP4 Treatment
and disposal of wastewater where there is no connection to the
public foul sewer; and
• SEPA’s Policy and Supporting Guidance on Provision of Waste
Water Drainage in Settlements
Bearing in mind the Precautionary Principle and the
fact that the measurement of potential phosphorus
output is not an exact science, then mitigation
measures must seek to exclude from the catchment
area in excess of the phosphorus likely to be
generated by the proposed development in order to
be sure that there is no net increase.
10 Why 125%?
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8
12 Before Development Can Commence
Before development can commence you must:
• have obtained planning permission; and
• have obtained a CAR licence(s) under the Water Environment
(Controlled Activities)(Scotland)  Regulations 2011 (as
amended) for the foul water discharge of the development;
including for any remote mitigation property.
• submit copies of the CAR licence(s) to the Planning Authority;
• have a receipt for the above documentation from the Planning
Authority.
Where phosphorus mitigation measures are to be delivered at
a location separate from the development site then before the
development can commence:
• the phosphorus mitigation measures must be installed using
a treatment system which delivers the discharge quality
standards specified in the mitigation calculations – and
approved by Building Standards where  a building warrant has
been required; and
• evidence of the installation of the phosphorus mitigation
measures must be provided to the Planning Authority such as
installation invoices and photos of the treatment plant in place.
Before the completion certificate will be accepted and the new
development can be occupied:
• The new drainage infrastructure installation at the development
site must be approved by Building Standards as part of building
warrant process.
13 Further Considerations
Other Impacts on the Lunan Lochs Designations
Although this guidance is specifically for the water quality of
Dunkeld - Blairgowrie Lochs SAC, further information may be
required of the impact of the development on the qualifying features
and conservation objectives of the Loch. See:
• NatureScot Guidance on Protection of Natura Sites
• NatureScot Sitelink for further details on the Dunkeld -
Blairgowrie Lochs SAC designations including conservation
objectives. 
Protected Habitats and Species
There may be other natural heritage interests such as protected
species such as water voles, bats, otters and beavers affected by
development proposals which also need to be considered.  See
Perth & Kinross Council’s Planning for Nature guidance for more
information on surveys that may be required.
Building Warrant
In addition to any planning consents that may be required, any
development which includes an element of drainage will require
building warrant approval. This process includes a requirement
to submit detailed plans and specifications for the entire
drainage system to show compliance with the Building (Scotland)
Regulations 2004. See www.pkc.gov.uk/Buildingstandards
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14 Contact
NatureScot, SEPA and Perth and Kinross Council are working
closely to protect the interests of Dunkeld-Blairgowrie Lochs SPA
a by reducing phosphorus loading on the lochs. Perth & Kinross
Council are happy to assist you where required in submitting your
application, including pre-application discussion.
Perth and Kinross Council
For planning enquiries:
• DevelopmentManagement@pkc.gov.uk
•  www.pkc.gov.uk/makingaplanningapplication
For building warrant enquiries:
• BuildingStandards@pkc.gov.uk
• www.pkc.gov.uk/buildingstandards
NatureScot
• www.nature.scot
• tayside_grampian@nature.scot
Scottish Environment Protection Agency
• 0800 807060
• www.sepa.org.uk
• planning.se@sepa.org.uk
Scottish Water
• 0845 600 8855
www.pkc.gov.uk (PKC Design Team - 2018619)
All Council Services can offer a telephone translation
If you or someone you know would like a copy of this
document in another language or format, (on occasion,
only a summary of the document will be provided in
translation), this can be arranged by contacting the
Customer Service Centre on 01738 475000.
You can also send us a text message on 07824 498145.
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