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Minute of Meeting of Local Review Body of 5 June 2023

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

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PERTH AND KINROSS LOCAL REVIEW BODY 
Minute of meeting of the Perth and Kinross Local Review Body held on Monday
5 June 2023 at 1:00pm. 
Present: Councillor B Brawn, Bailie C McLaren and Councillor C Reid.   
In Attendance: R Burton (Planning Adviser), G Fogg, (Legal Adviser) and J Guild
(Democratic Governance Officer) (all Corporate and Democratic Services). 
Also Attending: A Brown and R Ramsay (both Corporate and Democratic Services). 
1. WELCOME 
Councillor Brawn welcomed all present to the meeting. 
2. DECLARATIONS OF INTEREST 
No declarations were made in terms of the Councillors’ Code of Conduct. 
3. MINUTES 
The minute of meeting of the Local Review Body of 24 April 2023 was
submitted and noted. 
4. APPLICATIONS FOR REVIEW 
(i) LRB-2023-11
Planning Application – 22/02012/FLL – Erection of a
dwellinghouse, land 50 metres south east of Woodfield Farm
House, Kinclaven – Meikleour Trust 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse erection of a dwellinghouse,
land 50 metres south east of Woodfield Farm House, Kinclaven.   
The Planning Adviser displayed photographs of the site and described
the proposal, and thereafter summarised the Appointed Officer’s
Report of Handling and the grounds set out in the Notice of Review. 
Decision:
Resolved by unanimous decision that:
(i) having regard to the material before the Local Review Body and
the comments from the Planning Adviser, sufficient information
was before the Local Review Body to determine the matter
without further procedure.
Thereafter, resolved by unanimous decision that:
(ii) the review application for erection of a dwellinghouse, land 50
metres south east of Woodfield Farm House, Kinclaven, be
granted subject to the imposition of relevant conditions and
informatives.

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Justification
Members considered that although the proposal is not in
accordance with the Development Plan, the unique
circumstances of this review including the original building being
abandoned and situated in the flood plain, in the interests of
National Planning Framework 4, specifically in relation to
safeguarding distinctive character, and sense of place the
review be granted. 
(ii) LRB-2023-12
Planning Application – 22/01722/FLL – Erection of a holiday
accommodation unit and sauna building (in part retrospect), land
170 metres north west of Barnhill Farm, Powmill – Mr D Brown 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse erection of a holiday
accommodation unit and sauna building (in part retrospect), land 170
metres north west of Barnhill Farm, Powmill.   
The Planning Adviser displayed photographs of the site and described
the proposal, and thereafter summarised the Appointed Officer’s
Report of Handling and the grounds set out in the Notice of Review. 
Decision:
Resolved by unanimous decision that:
(i) having regard to the material before the Local Review Body and
the comments from the Planning Adviser, sufficient information
was before the Local Review Body to determine the matter
without further procedure.
Thereafter, resolved by majority decision that:
(ii) the review application for erection of a holiday accommodation
unit and sauna building (in part retrospect), land 170 metres
north west of Barnhill Farm, Powmill, be refused for the following
reason:
1. The proposals are contrary to Policy 8: Rural Business
and Diversification of the Perth and Kinross Council Local
Development Plan 2 (2019) as the proposal does not
relate to the expansion of an existing business and it fails
to demonstrate that the site presents a site-specific site
resource or opportunity and how the proposal would
improve the quality of new or existing tourism facilities,
allow a new market to be exploited or extend the tourism
season. 
Justification
The proposal is not in accordance with the Development Plan
and there are no material reasons which justify departing from
the Development Plan.

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Note
Councillor Reid dissented from the majority opinion.  He
considered the proposal to be unintrusive to the site and
appreciated the difficulty of producing a business plan for a new
business. 
(iii) LRB-2023-13
Planning Application – 22/02137/FLL – Installation of replacement
windows, Glengarth, Ferntower Place, Crieff PH7 3DD – Mr I
Young 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse installation of replacement
windows, Glengarth, Ferntower Place, Crieff PH7 3DD. 
The Planning Adviser displayed photographs of the site and described
the proposal, and thereafter summarised the Appointed Officer’s
Report of Handling and the grounds set out in the Notice of Review. 
Decision:
Resolved by unanimous decision that:
(i) having regard to the material before the Local Review Body and
the comments from the Planning Adviser, sufficient information
was before the Local Review Body to determine the matter
without further procedure.
Thereafter, resolved by unanimous decision that:
(ii) the review application for installation of replacement windows,
Glengarth, Ferntower Place, Crieff PH7 3DD, be granted subject
to imposition of relevant conditions and informatives. 
Justification
Members considered that although the proposal is not in accordance
with the Development Plan and whilst the importance of the
Conservation Area has been taken into account, the conservation of
energy in relation to climate change, outweighs this.  Members also
noted that the other three flats within the building have double glazed
uPVC windows, as do many other properties within the surrounding
area. 
(iv) LRB-2023-14
Planning Application – 22/01205/IPL – Residential Development (in
principle) land 140 metres north east of The Bungalow, Benarty
Road, Kelty – Mrs B Constable 
Members considered a Notice of Review submitted following non-
determination of the application by an appointed officer of Perth and
Kinross Council.

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The Planning Adviser displayed photographs of the site and described
the proposal, and thereafter summarised the material planning
considerations and the grounds set out in the Notice of Review. 
Decision:
Resolved by unanimous decision that:
(i) having regard to the material before the Local Review Body and
the comments from the Planning Adviser, sufficient information
was before the Local Review Body to determine the matter
without further procedure.
Thereafter resolved by unanimous decision that:
(ii) the review application for residential development (in principle)
land 140 metres north east of The Bungalow, Benarty Road,
Kelty, be refused for the following reasons:
1. The proposal is unacceptable in that it would be contrary
to Policy 19: Housing in the Countryside of the Perth and
Kinross Local Development Plan 2 (2019) and the
associated Housing in the Countryside Supplementary
Guidance 2020, as it would entail the development of
brownfield land without the required contaminated land
investigation and remediation plan, including an
assessment of the detrimental impact on the landscape
should the land not be developed.
2. The proposal is unacceptable in that it would be contrary
to Policy 58B: Unstable Land of the Perth and Kinross
Local Development Plan 2 (2019), as it has not been
demonstrated that the site and adjacent land is, or can be
made, safe and stable for the development to proceed.
3. The proposal is unacceptable in that it would be contrary
to Policy 9 of National Planning Framework 4, in that the
applicant has not demonstrated that the land is, or can be
made safe and suitable for the proposed new use. 
4. The proposal is unacceptable in that it would be contrary
to Policy 23 of National Planning Framework 4, in that it
would entail a development which could have a
significant adverse effect on the health of the future
residents of the development and existing neighbouring
residents. 
Justification
The proposal is not in accordance with the Development Plan and
there are no material reasons which justify departing from the
Development Plan. 
5.  APPLICATIONS PREVIOUSLY CONSIDERED 
(i) LRB-2022-36
Planning Application – 22/00477/FLL – Change of use from
agricultural storage building to dwellinghouse, including
alterations, extension and installation of flue, land 160 metres

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north east of Logie Brae Farm, Craigie, Clunie – Mr and Mrs
Duncan 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse 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.   
The Planning Adviser displayed photographs of the site and described
the proposal, and thereafter summarised the Appointed Officer’s
Report of Handling and the grounds set out in the Notice of Review. 
It was noted that, at its meeting of 24 October 2022, the Local Review
Body resolved that insufficient information was before them to
determine the application without (i) The report prepared by SAC
Consulting and submitted with the Notice of Review to be provided to
Development Management for comment and (ii) The applicant to
produce further information on phosphorous mitigation in order that the
proposal be assessed against Policy 45 (Lunan Lochs Catchment
Areas) of the adopted Perth and Kinross Local Development Plan
2(2019).  With the requested information provided, the Local Review
Body reconvened. 
Decision:
Resolved by unanimous decision that:
(i) having regard to the material before the Local Review Body and
the comments from the Planning Adviser, insufficient information
was before the Local Review Body to determine the matter
without further procedure.
Thereafter resolved by unanimous decision that:
(ii) the review application for 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, be refused for the
following reasons:
1. It has not been demonstrated that the total phosphorous
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.

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Justification
The proposal is not in accordance with the Development Plan and
there are no material reasons which justify departing from the
Development Plan. 
(ii) LRB-2022-47
Planning Application – 22/00772/FLL – Extension to
dwellinghouse and erection of porch Sunnyhall, Kinnaird,
Inchture PH14 9QY – Miss J Graham 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse an extension to
dwellinghouse and erection of porch Sunnyhall, Kinnaird, Inchture
PH14 9QY. 
The Planning Adviser displayed photographs of the site and described
the proposal, and thereafter summarised the Appointed Officer’s
Report of Handling and the grounds set out in the Notice of Review. 
It was noted that, at its meeting of 13 March 2023, the Local Review
Body resolved that insufficient information was before them to
determine the application without (i) The applicant to produce a
Preliminary Roost Assessment, with PKC Tree and Biodiversity Officer
to comment on said report.  With the requested information provided,
the Local Review Body reconvened. 
Decision:
Resolved by unanimous decision that:
(i) having regard to the material before the Local Review Body and
the comments from the Planning Adviser, insufficient information
was before the Local Review Body to determine the matter
without further procedure.
Thereafter resolved by unanimous decision that:
(ii) the review application for extension to dwellinghouse and
erection of porch Sunnyhall, Kinnaird, Inchture PH14 9QY, be
granted subject to relevant conditions and informatives,
including the following conditions:
1. The conclusions and recommended action points within
the supporting biodiversity survey submitted and hereby
approved, shall be full adhered to, respected and
undertaken as part of the construction phase of
development, to the satisfaction of the Council as
Planning Authority. 
2. Prior to completion or occupation of the building(s)
hereby approved, whichever is the earlier, 3 nest boxes
for tree sparrows shall be provided.  Thereafter, the
agreed scheme shall be maintained in a reasonable
condition for the life of the development, to the
satisfaction of the Council as Planning Authority.

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Justification
Members considered that although the proposal is not in accordance
with the Development Plan, the proposal gives opportunity to enhance
the current building.  They considered that due to the extremely
isolated position of the property, the impact would be minimal and with
the imposition of relevant biodiversity conditions , the review be
granted. 
(iii) LRB-2022-54
Planning Application – 22/00032/FLL – Erection of a
dwellinghouse, agricultural/forestry storage building, stables and
associated works, land 180 metres east of Garden Cottage,
Auchterarder, PH3 1PP – Mr and Mrs Pirie 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse erection of a dwellinghouse,
agricultural/forestry storage building, stables and associated works,
land 180 metres east of Garden Cottage, Auchterarder, PH3 1PP. 
The Planning Adviser displayed photographs of the site and described
the proposal, and thereafter summarised the Appointed Officer’s
Report of Handling and the grounds set out in the Notice of Review. 
It was noted that, at its meeting of 16 January 2023, the Local Review
Body resolved that insufficient information was before them to
determine the application without (i) The applicant to produce further
information including 1. A tree survey, 2. An ecological report, 3.
Further information on the proposed foul drainage system including
their location and operation measures and 4. Further information on the
existing private track connecting to the U25 road particularly with
regard to visibility splays, with Development Management to comment
on all submissions and (ii) an unaccompanied site visit to be
undertaken.  With the requested information provided, the Local
Review Body reconvened. 
Decision:
Resolved by unanimous decision that:
(i) having regard to the material before the Local Review Body and
the comments from the Planning Adviser, insufficient information
was before the Local Review Body to determine the matter
without further procedure.
Thereafter resolved by unanimous decision that:
(ii) the review application for erection of a dwellinghouse,
agricultural/forestry storage building, stables and associated
works, land 180 metres east of Garden Cottage, Auchterarder,
PH3 1PP, be granted subject to relevant conditions and
informatives.

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Justification
Members considered that although the proposal is not in accordance
with the Development Plan, the requirement for a farm worker on site
has been demonstrated and is required for sustainable farming
practice.  They considered the property is in a secluded location, not
visible from the road and therefore the review be granted.