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Minute of Meeting of Local Review Body of 3 July 2023

Perth and Kinross Council · 3 July 2023
Back to Local Review Body — 3 July 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
3 July 2023 at 1:00pm. 
Present: Councillors B Brawn, I James and G Stewart.   
In Attendance: R Burton (Planning Adviser), C Elliott (Legal Adviser) and D Williams
(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 5 June 2023 was
submitted and noted. 
4. APPLICATIONS FOR REVIEW 
(i) LRB-2023-15
Planning Application – 22/02168/FLL – Erection of a
dwellinghouse, land 25 metres north of 94 South Street, Milnathort
– Mrs M Stirling 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse erection of a dwellinghouse,
land 25 metres north of 94 South Street, Milnathort.   
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 25
metres north of 94 South Street, Milnathort, be refused for the
following reasons:

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1. The proposal is contrary to Policy 17, Residential Areas,
of the Perth and Kinross Local Development Plan 2
(2019) as the proposal is considered to represent an
overdevelopment of the site when taking account of the
areas environs, established building line and surrounding
density, as a consequence the development is
incompatible with the character and amenity of the area.
2. The proposal is contrary to Policies 1A and 1B,
Placemaking, of the Perth and Kinross Local
Development Plan 2 (2019) as the development would
not contribute positively to the quality of the surrounding
built environment. The density and siting of development
does not respect the character and amenity of the place.
Furthermore, the proposal fails to respect the established
building line along South Street.
3. The position of the dwelling and the close proximity of the
north elevation to the existing site boundary will result in a
very dominant built form which is considered to be
oppressive when viewed from the private garden ground
of the property. An elevation of this scale in such close
proximity to the boundary is contrary to Policy 1A of the
Perth and Kinross Local Development Plan 2 (2019),
which seeks to ensure that new development respects
the visual and residential amenity of the area. 
Justification
The proposal is not in accordance with the Development Plan
and there are no material reasons which justify departing from
the Development Plan. 
(ii) LRB-2023-16
Planning Application – 22/01279/FLL – Change of use and
alterations to agricultural building and workshop to form 3 holiday
accommodation units, Easdale, Weem, Aberfeldy, PH15 2LD – Mr
R Tainsh 
Members considered a Notice of Review seeking change of use and
alterations to agricultural building and workshop to form 3 holiday
accommodation units, Easdale, Weem, Aberfeldy, PH15 2LD. 
The Planning Adviser displayed photographs of the site and described
the proposal, and thereafter summarised the Appointed Officer’s
Report of Handling and the grounds set out in the Notice of Review. 
Decision:
Resolved by unanimous decision that:
(i) having regard to the material before the Local Review Body and
the comments from the Planning Adviser, sufficient information
was before the Local Review Body to determine the matter
without further procedure.

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Thereafter, resolved by unanimous decision that:
(ii) the review application for change of use and alterations to
agricultural building and workshop to form 3 holiday
accommodation units, Easdale, Weem, Aberfeldy, PH15 2LD,
be refused for the following reason:
1. The site is located within an area identified by SEPA as
being at medium risk of flooding (1:200 or 0.5% AEP
flood event). Notwithstanding the level of protection that
is offered by the Weem Flood Protection Scheme, the
proposed holiday accommodation would increase the
vulnerable classification on the site from a ‘least
vulnerable use’ (agriculture) to a ‘highly vulnerable use’
(‘solid’ walled holiday accommodation), as per SEPA
Flood Risk and Land Use Vulnerability Guidance. The
proposal is therefore contrary to the principles and aims
of Policy 52 of the Perth and Kinross Local Development
Plan 2 , SEPA Planning Information Note 4 (PIN4), and
Policy 22 of National Planning Framework 4 , which all
look to protect new land uses from unacceptable flood
risk. 
Justification
The proposal is not in accordance with the Development Plan
and there are no material reasons which justify departing from
the Development Plan. 
(iii) LRB-2023-17
Planning Application – 22/01942/IPL – Residential development (in
principle), land 50 metres south of Strawberrybank, Longforgan –
Mr K Petrie 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse residential development (in
principle), land 50 metres south of Strawberrybank, Longforgan. 
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 majority decision that:
(i) having regard to the material before the Local Review Body and
the comments from the Planning Adviser, insufficient information
was before the Local Review Body to determine the matter
without further procedure.
(ii) Comment shall be sought from Transport Planning on the
proposed access visibility splay within the review application,
with the Applicant having the opportunity to comment in
response.

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(iii) Following receipt of all information and responses, the
application be brought back to a future meeting of the Local
Review Body. 
Note
Councillor Stewart dissented from the majority opinion.  He considered
that the visibility splay for access and egress between the site and the
public road was not of an acceptable standard, and therefore the
application for review should be refused. 
(iv) LRB-2023-18
Planning Application – 22/01706/FLL – Erection of a
dwellinghouse, change of use and alterations to former reservoir
building to form linked ancillary building and associated works,
Former Water Reservoir, Blairgowrie Road, Dunkeld – Mr E
Robinson 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse the erection of a
dwellinghouse, change of use and alterations to former reservoir
building to form linked ancillary building and associated works, Former
Water Reservoir, Blairgowrie Road, Dunkeld. 
The Planning Adviser displayed photographs of the site and described
the proposal, and thereafter summarised the Appointed Officer’s
Report of Handling and the grounds set out in the Notice of Review. 
Decision:
Resolved by unanimous decision that:
(i) having regard to the material before the Local Review Body and
the comments from the Planning Adviser, sufficient information
was before the Local Review Body to determine the matter
without further procedure.
Thereafter, resolved by unanimous decision that:
(ii) the review application for the erection of a dwellinghouse,
change of use and alterations to former reservoir building to
form linked ancillary building and associated works, Former
Water Reservoir, Blairgowrie Road, Dunkeld, be granted subject
to: 
1. the imposition of relevant conditions and informatives.
2. revocation of, or possible legal agreement on, the existing
extant permission prior to the issuing of the review
consent. 
Justification
Members considered that, although the proposal is not in
accordance with the Development Plan, the proposal
contributed positively to the local built environment, by nature of
its siting and design. Members also took into account the

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existing extant permission and the greater number of trees that
would be felled if that permission was fully built out. 
(v) LRB-2023-19
Planning Application – 22/01972/FLL – Alterations and extension
to dwellinghouse and installation of flue, 45 Tay Avenue, Comrie,
Crieff, PH6 2PF – Mr N Dawson 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse alterations and extension to
dwellinghouse and installation of flue, 45 Tay Avenue, Comrie, Crieff,
PH6 2PF. 
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 alterations and extension to
dwellinghouse and installation of flue, 45 Tay Avenue, Comrie,
Crieff, PH6 2PF, be refused for the following reason:
1. The proposal, by virtue of its design, form, mass and
layout on the principal and side elevation of the
dwellinghouse would have a significant detrimental
impact on the character and appearance of the property’s
simple form and character. The proposed flue would also
create a negative visual impact, due to its height and
location, to the property’s principal elevation.
Approval would therefore be contrary to the Perth and
Kinross Placemaking Supplementary Guidance 2020,
which states that front extensions should generally be
avoided, in particular where they dominate the principal
elevation of the property and where side extensions are
set back from building lines. Furthermore, approval would
be contrary to Policies 1A and 1B (a), (b), (c), (d) and (g)
of the Perth and Kinross Local Development Plan 2
(2019), which seek to ensure that developments
contribute positively to the quality of the surrounding built
environment in terms of design, proportions and
appearance in order to respect the character and amenity
of the place.
2. The proposal, by virtue of its design, mass and siting,
would not be in-keeping with the residential character of

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the area, which features open spaces and soft
landscaping at the front and side.
Approval would therefore be contrary to Policy 17 (a) and
(c) of the Perth and Kinross Local Development Plan 2
(2019), which seek to ensure that development
contributes positively to the quality of the surrounding
built environment by complementing and respecting its
surroundings and that which improves the character and
environment of the area. 
Justification
The proposal is not in accordance with the Development Plan
and there are no material reasons which justify departing from
the Development Plan.