Democracy Spraffa

(a) Notice of Review and supporting documents (Pages 9-34)

Perth and Kinross Council · 11 September 2023
Back to Local Review Body — 11 September 2023 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

Original council PDF · Download plain text

Some pages contain no extractable text. They may be blank, graphics or scanned pages. OCR has not been applied.

Page 1

4(i)(a) 
LRB-2023-24 
LRB-2023-24
22/02096/FLL – Erection of a dwellinghouse, land 70
metres south east of Mylnefield House, Invergowrie 
PAPERS SUBMITTED
BY THE
APPLICANT

Page 2

No embedded text on this page.

Page 3

No embedded text on this page.

Page 4

No embedded text on this page.

Page 5

No embedded text on this page.

Page 6

No embedded text on this page.

Page 7

The Secretary
Local Review Body
Perth and Kinross Council
Committee Services
Council Building
2 High Street
Perth
PH1 5PH 
26th June 2023 
Dear Sir/madam 
I am seeking a review of the Council’s decision to refuse my application for Planning
Permission to build a dwelling within my grounds at Mylnefield House, Invergowrie.  DD2
5EH. 
I obtained Full Planning Permission to build a Pool/house on the same area of ground back
in 2010.  I also secured a Building Warrant and after purifying the conditions I commenced
the works. 
Access to the plot was established and a road was created to allow vehicles and machinery
and a new sewer was installed removing the need for a septic tank.  A water main, drainage
and the foundations were all progressed until the build costs escalated and works ceased. 
After discussions with my architects I decided to apply for Planning to simply build the house
without the pool.  Planning was refused and my architects had missed the date for seeking a
review which resulted in a new application being submitted. 
It is my understanding that we had no communications with the Planning Department after
the application was lodged. 
A tree survey was carried out and was submitted which confirms that none of the trees need
removed and as the access road and foundations are already in existence no additional
measures were required. 
It’s a little ironic that I can build a pool/house but not simply a house without the pool.   
My neighbour at Mylnefield Walled Garden has had his Planning approved and has spent
months clearing the trees.  His Planning approval is for five large houses of a very modern
design and nothing in keeping with the two houses next to the now cleared site. 
I respectfully request that my Planning application documents be reviewed and this includes
the Planning Report that I had prepared which contains photographs and supporting
information.  I also believe it would be helpful if the site was inspected. 
Regards 
M. Harris
Applicant 
Email planninglrb@pkc.gov.uk

Page 8

No embedded text on this page.

Page 9

Planning Statement 
Erection of a dwellinghouse.
Land 70m South East of Mylnefield House, Invergowrie,
Dundee, DD2 5EH 
Prepared for Mr Mark Harris
October 2022

Page 10

Land 70m SE of Mylnefield House, Invergowrie 
Contents           
page
1.0 INTRODUCTION          3  
2.0 SITE CONTEXT AND DESCRIPTION       4  
3.0 PLANNING HISTORY         11
4.0 PROPOSAL           12
5.0 PLANNING ASSESSMENT – INTRODUCTION      12
6.0 PLANNING ASSESSMENT— PRINCIPLE OF DEVELOPMENT   13
7.0 PLANNING ASSESSMENT – DETAILED POLICY CONSIDERATIONS  14
8.0 CONCLUSION          18

Page 11

3
Land 70m SE of Mylnefield House, Invergowrie 
1.0 INTRODUCTION
1.1 This statement has been prepared for Mr Mark Harris,  to provide information to assist the Council in its
assessment of this proposal for erection of a dwellinghouse. 
1.2 This application follows the submission, in late 2021, of an application for erection of a dwellinghouse on
the same site (21/01825/FLL).  That application was refused, with a  decision issued on 22nd December 2021. 
1.3 There were no representations submitted to that application .  There were no objections to the proposal
from any of the Council’s Internal or External Consultees.  The application was refused for three reasons: that a
tree survey had not been submitted; the proposal was not identified as gaining support from the categories of
development  acceptable in the countryside; and the proposal was not considered in keeping with the character
and amenity of the area. 
1.4 This application seeks to address the issues in the assessment of the earlier application that had led to
its refusal.  The following points will be set out in more detail in this statement, in justification of the proposal:
• Mylnefield House is a country mansion house with extensive grounds.  This proposal lies within these
grounds and a case is made that the proposal gains support from category 3:1 of LDP2 Policy 19
Housing in the Countryside—where a proposal for a new house (or houses) lies within the original
garden ground associated with an existing country or estate house.  
• The applicant has submitted a Tree Survey with this application (Arboricultural Assessment, Mylnefield
House, Arboretum Internationale, 5th April 2022).  This assessment contains a tree protection plan to
demonstrate the impact of the proposed development on the existing trees, concluding that the
proposed development does not require the removal of any trees (with one defective/dying tree
recommended for removal, irrespective of the development proposals).  Recommendations are included
for tree protection.  
• The proposal is located over the footprint of an existing foundation  - for a swimming pool house
(09/00043/FUL).  This consent has been implemented (building warrant approved), with the foundation
excavated and services installed.  The applicant no longer wishes to continue with construction of the
pool house, now proposing the site for a single storey dwellinghouse, of  smaller scale than the
consented pool house, over its footprint.   The principle of a building on this site is established, given
that the applicant could continue to build the pool house.  
• The Council had no concerns with siting the pool house building within the grounds,  or with its impact
on Mylnefield House or the neighbouring area in the previous assessment of the pool house application. 
• We contend that this proposal is entirely in keeping with the character and amenity of the area, as
supported by the Housing in the Countryside policy—there is a well contained site providing an
appropriate landscape setting.  
• We highlight that there have been several consents for residential developments nearby Mylnefield
House, including the walled garden at Mylnefield and at Over Pilmore, the most recent consent being in
August 2022.   These are referred to in section 3.0 Planning History in this Statement.  These proposals
had similar characteristics and issues addressed in their assessment—leading to approval of the
applications.  We believe that this statement demonstrates that this current application is acceptable in
terms of the Council’s Local Development Plan 2 and related Supplementary Guidance.

Page 12

4
Land 70m SE of Mylnefield House, Invergowrie 
2.0 SITE CONTEXT AND DESCRIPTION 
2.1 The application site lies within the garden grounds of Mylnefield House, a country mansion house set
within extensive grounds.  The site lies approx. 70m to the south east of  the current Mylnefield House.  There
have been two earlier mansion houses within the grounds.  This house, the 3rd, replaces a house partially
destroyed in the early 19C.  The second house no longer stands, although its previous site, located to the
south east of the existing house, and west of the application site, is identifiable within the grounds.  Historic
mapping is included on the following page.
2.2 Mylnefield House is accessed from the A90, west of Invergowrie, by a private driveway and also serves
the gate Lodge and further modern dwellinghouse to the north east of Mylnefield House ( Dalriada  - approval
10/00466/FLL).  There is a further traditional dwelling, Linden Cottage, located to the east of Dalriada and
served by its own access from the A90.  There are two garage/ancillary accommodation buildings located to
the north side of Mylnefield House.  
2.3 The grounds of Mylnefield House consist or formal areas with lawn and extend into areas of parkland/
woodland. The site is a wooded area with a large grassy clearing at the south side where it is proposed to
locate the dwellinghouse.  This area contains the excavated foundations and installed foundations, identifying
the location of the proposed dwellinghouse.  An access driveway into the site has also been formed from the
main Mylnefield House driveway (with gate installed).  This was implemented in 2010 to facilitate the
construction of the pool house.  
2.4 The site is well contained with the proposed dwellinghouse screened by mature trees and with a hedge
directly to the south/south east of the proposed house.  The proposed dwellinghouse will not be seen from the
A90, the primary source of most visual receptors in the area.  It will also be screened from Mylnefield House
and the other residential properties to the north. 
Dalriada
Linden Cottage
Access from A90 to 
Linden Cottage
Mylnefield House
Garages
Site of former
Mylnefield House
Access from A90 to
Mylnefield House and
Dalriada
Location of dwellinghouse (over
foundations for swimming pool
house)
Site

Page 13

5
Land 70m SE of Mylnefield House, Invergowrie 
2.0 SITE CONTEXT AND DESCRIPTION 
View to S along driveway to Mylnefield House from A90.
View to N along driveway from Mylnefield House to A90. 
Dalriada Linden Cottage

Page 14

6
Land 70m SE of Mylnefield House, Invergowrie 
2.0 SITE CONTEXT AND DESCRIPTION 
View to S along driveway to Mylnefield House  (sweeping round to right). Vehicle in
background is parked on separate driveway to proposed dwellinghouse.
View  of driveway between gates and location of 
proposed dwellinghouse. 
Vehicle parked on driveway (obscured by leaves) to proposed
dwellinghouse, with gate in foreground.

Page 15

7
Land 70m SE of Mylnefield House, Invergowrie 
2.0 SITE CONTEXT AND DESCRIPTION 
View NW towards Mylnefield House from path running to the W of the application site, illustrating nature and extent of the country house
grounds. 
View W towards Mylnefield House from junction of its driveway
and existing driveway for application site. 
Existing driveway
into site. 
Driveway to
Mylnefield House
View NE across application site, from path running to the W of the 
site.
NW corner of
excavated pool
house foundation &
location of proposed
house.
Excavated pool
house foundation. 
View towards SW, across application site, towards path running to
the W of the  site.  (Excavated foundation of pool house and
installed services in view).

Page 16

8
Land 70m SE of Mylnefield House, Invergowrie 
2.0 SITE CONTEXT AND DESCRIPTION  
Views of excavated extent of pool house foundation and installed services.

Page 17

9
Land 70m SE of Mylnefield House, Invergowrie 
2.0 SITE CONTEXT AND DESCRIPTION   
OS Six inch 1st Edition 1861      not to scale
Reproduced with permission of the  National Library of Scotland
Historic Mapping of Mylnefield House and grounds
1861
OS 25 inch 1898       not to scale
Reproduced with permission of the National Library of Scotland
1891
Location of proposed
dwellinghouse
Location of proposed
dwellinghouse

Page 18

10
Land 70m SE of Mylnefield House, Invergowrie 
OS National Grid maps 1970        (not to scale)
Reproduced with permission of the National Library of Scotland
Site of second Mylnefield House
Current location of Mylnefield
House (3rd house, replacing
1st house, partly destroyed in
early 19C)
Location of proposed
dwellinghouse
Location of proposed
dwellinghouse
OS National Grid maps, published 1959    not to scale
Reproduced with permission of the  National Library of Scotland
2.0 SITE CONTEXT AND DESCRIPTION  
Historic Mapping of Mylnefield House and grounds

Page 19

11
Land 70m SE of Mylnefield House, Invergowrie 
3.0 PLANNING HISTORY
3.1 There is significant  planning history relating to the development in the grounds of Mylnefield House,  as
outlined below.  In particular, the implemented consent for the swimming pool building (the footprint of the
current proposed dwellinghouse) is the reason the applicant seeks to progress this application in this location.  
3.2 There is also significant planning history relating to consents for residential development in similar
situations, within the grounds of large country houses, as indicated below. 
10/02213/FLL
Erection of double garage with
ancillary accommodation,
Mylnefield House
(Approved 18 March 2011  -
Development completed)
09/00043/FUL 
Erection of a swimming pool, land
70m SE of Mylnefield House
(Approved 7 April 2009—
Development started—excavation
for foundation and services in place)
-
On same site, proposed
dwellinghouse on footprint of
excavated foundations of pool
house—21/01825/FLL 
Erection of a dwellinghouse,
(Refused 22 Dec 2021)
10/00466/FLL Erection of a
dwellinghouse,  Land 130 Metres
North East Of Mylnefield House
(Approved 28 Jul 2010—
Development completed)
22/00253/FLL Erection of 2
dwellinghouses, SE of Over
Pilmore (Approved 24
August 2022)
20/01814/IPL, Residential
Development (in principle),
Land 70 Metres SE of Over
Pilmore (Approved 09 May
2021)
Several consents (6) for
dwellinghouses at The
Gardens, Mylnefield,
including most recently
17/00695/FLL & 17/00696/
FLL for erection of 3
dwellinghouses. One
dwelling constructed.
Mylnefield
House
Mylnefield
House
Current
application
site
18/00256/FLL Erection
of a dwellinghouse at East
Pilmore (Approved 20 April
2018—Development
completed)
Current
application
site

Page 20

12
Land 70m SE of Mylnefield House, Invergowrie 
4.0 PROPOSAL
4.1 The applicant proposes the development of a single dwellinghouse on the site of approx. 600 sqm using
an existing private access from the A90,  The first part of this driveway, joining with the A90, is surfaced and
serves the Gatehouse, Dalriada and Mylnefield House.  The plot size is relatively large, reflecting the existing
character of the grounds of Mylnefield House.  
4.2 The site includes the existing excavated foundation and services for the consented swimming pool
house,  with the proposed footprint of the dwellinghouse to be located over this foundation.  In effect, the
applicant seeks to replace the pool house building that he could continue to construct on the site, with a smaller
scaled dwellinghouse. 
4.3 A driveway (constructed 2010)  of approx. 30m length extends from the main driveway to Mylnefield
House, through an entrance gate and into the application site, accessing the area of the pool house footprint.   
4.4 The proposed dwellinghouse is 3 bedroom and single storey, The proposal includes parking and turning
area to accommodate two cars. There is ample space for refuse/recycling bins.   The parking area and paths
will all be formed from permeable surfacing.  
4.5 The proposed dwellinghouse is 14.5m in length, with a patio area extending 3m from the W elevation. 
The width of the building is in partly 10.5m for the main living space and reduces to 8m for the remainder of the
dwelling.  It has an  overall floor area of 126 sqm and height to the ridge of 5.5m.  Overall, the proposed
dwellinghouse is of a smaller scale than the approved pool house (dimensions of , approx. 8.4m x 16m, (area of
134 sqm) and with a height of approx. 6m.) 
4.6 The proposed dwellinghouse will have  white smooth render walls, grey slate effect tiles, white uPVC
windows and doors and black uPVC rainwater goods (the same finishes as the pool house). 
5.0 PLANNING ASSESSMENT— INTRODUCTION
5.1. Scottish Planning Policy 2014 (revised 2020) (SPP) reinforces that the Town and Country Planning
(Scotland) Act 1977 requires decisions to be made on planning applications in ‘accordance with the
development plan unless material considerations indicative otherwise. Proposals that accord with development
plans should be considered acceptable in principle and the consideration should focus on the detailed matters
arising’. (SPP, para. 32) 
5.2 The Development Plan which applies to this site is the Approved TAYplan Strategic Development Plan
2016—2036 (2017) and the Adopted Perth & Kinross Local Development Plan 2 (2019) (LDP2).  Perth &
Kinross Council’s supplementary guidance is also a consideration in the assessment of this proposal, including
the Housing in the Countryside Supplementary Guidance 2020 and Placemaking Supplementary Guidance
2020. 
5.3 The TAYplan Strategic Development Plan 2017 is the strategic planning framework for the southeast
Scotland area and sets out key areas of strategic direction for the preparation of Local Development Plans.  Its
strategy and policies are relevant to this proposal in several topic areas where its strategic direction is
implemented through the  strategy, policies and proposals of the Perth & Kinross Local Development Plan2
2019 (LDP2).

Page 21

13
Land 70m SE of Mylnefield House, Invergowrie 
6.0 PLANNING ASSESSMENT— PRINCIPLE OF DEVELOPMENT
6.1 The application site lies within the ‘countryside’, and does not adjoin a settlement boundary, as defined
by the LDP2.  The key LDP2 policies applying to the principle of development on this site are Policy 6:
Settlement Boundaries and Policy 19: Housing in the Countryside.
6.2 LDP2 Policy 6: Settlement Boundaries indicates that for a proposal that is on a site outwith a settlement
boundary or for a proposal that does not adjoin a settlement boundary, LDP2 Policy 19: Housing in the
Countryside will apply.  
6.3 LDP2 Policy 19: Housing in the Countryside provides support to proposals for the erection, or creation
through conversion, of single houses and small groups of houses in the countryside where they fall within
several specified categories.  The Housing in the Countryside Supplementary Guidance (2020)  provides
further assistance in assessing the acceptability of proposals. 
6.4 This proposal is submitted as gaining support from one of the criteria attached to this policy, i.e, 
• Category 3—New Houses in the Open Countryside 
The applicant’s further justification for the proposal in terms of this policy is set out on the following pages. 
Category 3—New Houses in the Open Countryside
6.5 The Supplementary Guidance lists several categories of housing in the countryside that the Council will
consider favourably.  We believe that this proposal falls within category 3.1 Existing Gardens.  
6.6 The Report of Handling for the earlier application for this proposal, 21/01825/FLL,  made an assessment
of the proposal in terms of the Supplementary Guidance: Category 1—Building Groups; and Category 2—Infill
Development.  The assessment concluded that the proposal did not gain support from either category.  The
Report of Handling did not assess the proposal in terms of any part of Category 3—New Houses in the Open
Countryside.   We contend that category 3.1 provides support for the proposal, as set out overleaf. 
6.7 We contend that:
• Mylnefield House meets with the policy definition of a ‘country or estate house’ - defined as ‘a large
house set within its own estate or extensive grounds’.
• The proposal for a new house is within the original garden ground associated with Mylnefield House, as
confirmed by the historic mapping on pages 6 and 7 
• Mylnefield House is not a listed building and the grounds are not a designated  Historic Garden or
Designed Landscape.  The proposal will not affect the qualities and integrity of Mylnefield House and is
provided with an appropriate landscape setting.  It will not impact on the presence of Mylnefield House
or its relationship with its surrounding grounds . The site is well defined and contained by its wooded
nature—capable of accommodating the proposal without impact on the surrounding grounds of
Mylnefield House.  
Extract from Housing in the Countryside Supplementary Guidance 2020

Page 22

Land 70m SE of Mylnefield House, Invergowrie 
7.0 PLANNING ASSESSMENT – DETAILED POLICY CONSIDERATIONS 
7.1 Residential Amenity
7.1.1 LDP2 Policy 1: Placemaking, 1A requires that development should respect the ‘amenity of the place’. 
The application site is large, well contained, and a considerable distance from the nearest neighbours at
Mylnefield House (75m) and Dalriada (100m).   The  dwellinghouse  will have sufficient plot ratio with spacious
garden ground as set out in the Placemaking Guide (2020), i.e. ‘As a rule, it is good practice to provide a
minimum of 60 square metres for private space for a 1-2 bedroomed house and 80 square metres for 3+
bedrooms. Each dwelling should have a minimum garden depth of 9m’. This proposal will meet these
requirements,.
7.1.2 The Report of Handling for the earlier application 21/01825/FLL included that ‘the location of the
proposed dwellinghouse is remote from any other residential receptor, therefore it is considered that there will
be no loss of amenity.  There is also sufficient amenity ground provided for the scale of the proposed
dwellinghouse.’    
7.1.3 We contend that the proposal can fully comply with the amenity considerations as contained within the
LDP2 Policy 1: Placemaking and the Supplementary Placemaking Guide 2020.   
7.2 Visual Amenity, Design and Layout
7.2.1 LDP2 Policy 1: Placemaking, requires development to contribute positively to the quality of the
surrounding built and natural environment, respecting the character and amenity of the place. LDP2 Policy 39:
Landscape aims to ensure that all development and land use change should be compatible with the distinctive
characteristics and features of Perth and Kinross’s landscapes.  
7.2.2  We note that in Report of Handling for 21/01825/FLL the assessment states, in terms of ‘Design and
Layout’ that ‘Overall, it is considered that there are no adverse concerns in relation to design and layout.’ The
proposal is as previously submitted—single storey, finished in white wet dash with grey tile roof—all considered
appropriate in the earlier application and compatible with neighbouring properties.  The Report of Handling for
21/01825/FLL refers to the scale of the building being appropriate for the site and that its siting have been
chosen to minimise tree felling.  
7.2.3 The application site does not lie within a designated Local Landscape Area.  The site lies within the
Tayside Firth Lowlands Landscape Character Type (SNH National Landscape Character Assessment),
encompassing the Carse of Gowrie.  The area is described as well settled, principally an agricultural area, with
scattered settlements, farmsteads and hamlets.  Castles and designed landscapes are noted as indicating the
past wealth of the area and contributing to the landscape.   
7.2.4 We contend that this proposal respects the character and amenity of the place.   Mylnefield House is not
a listed building and the grounds are not a designated  Historic Garden or Designed Landscape.  The proposal
has a well established landscape setting and will not impact on the qualities, presence or integrity of  the setting
of Mylnefield House or its relationship with its surrounding grounds . The site is well defined and the proposed
dwellinghouse will be contained by, and absorbed by, its wooded nature.  The footprint of the proposed
dwellinghouse is set within an area of mature trees to the north, west and east— with an established hedge and
high fence screening and bounding the site to the south.   We note that the consented swimming pool house
was assessed as acceptable in terms of the character and visual amenity of the area and that this proposal will
be similar, with the difference relating solely to design.     
7.2.5 Overall, we believe that this proposal can be assessed as respecting the character and amenity of the
place and compliant with LDP2 Policy 1: Placemaking and LDP2 Policy 39: Landscape.

Page 23

15
Land 70m SE of Mylnefield House, Invergowrie 
7.0 PLANNING ASSESSMENT – DETAILED POLICY CONSIDERATIONS 
7.3 Drainage and Flooding
7.3.1 LDP2 Policy 52: New Development and Flooding addresses the delivery of actions to manage flood risk. 
LDP2 Policy 53: Water Environment and Drainage,  sub policies 53A: Water Environment  includes that
development of any scale and at any location should protect, and where practical improve the water
environment, both ground and surface water.   Sub policies 53B: Foul Drainage and 53C Surface Water
Drainage  set out the Council’s requirements to connect to the public sewer where available and to use
Sustainable Urban Drainage Systems (SUDS) measures.   
7.3.2  The SEPA Flood Map shows that the site is at no risk from river or surface water flooding and we
contend that the proposal will cause no increased risk of flooding elsewhere, compliant with LDP2 Policy 52.
7.3.3 There are services—new sewer and mains water—already installed at the site, as part of the
development of the pool house (as shown on the photographs on page 5 and 6), compliant with LDP2 Policy
53C: Foul Drainage.  
7.3.4 A surface water soakaway plan,  drainage calculations  and percolation test results are submitted with
this application, as previously submitted with application 21/01825/FLL.  The Report of Handling for that
application states that these submissions ‘demonstrate compliance with Policy 53C ‘Water Environment and
Drainage: Surface Water Drainage.’ It is anticipated that, likewise, this proposal will be assessed as compliant. 
7.4 Built and Cultural Heritage
7.4.1 LDP2 Policy 26B: Archaeology seeks to protect  areas or sites of archaeological interest, and their
settings. We note that a condition was attached to the earlier  swimming pool house consent, (09/00043/FUL),
requiring an  investigation of the site as the area was considered to have archaeological potential as the
grounds of Mylnefield House were recorded as the site of a prehistoric stone circle in the early 20C.  This
condition was discharged, with an archaeological evaluation having been undertaken in May 2009 . The
Canmore  entry  (303584)  notes that ‘No deposits or features relating to the stone circle or any other
prehistoric remains were identified’   We note the in its consultation response on application 21/01825/FLL  the
Perth & Kinross Heritage Trust had no objection, subject to a condition.  We believe this proposal can be fully
compliant with LDP2 Policy 26B: Archaeology.   
7.5 Infrastructure Impact 
7.5.1 LDP2 Policy 5: Infrastructure Contributions  addresses the impact of new development in relation to
current and future needs for additional infrastructure, community facilities and affordable housing.  The
Council’s Developer Contributions & Affordable Housing Supplementary Guidance (2020) explains how
developer contributions will be achieved.  
7.5.2 The Guidance indicates that a financial contribution towards increased primary school capacity is
required in areas where there is an identified capacity constraint.  The application site lies within the
Invergowrie Primary School catchment.  We note that The Report of Handling for the earlier application
21/01825/FLL indicates that Children’s Services have no capacity concerns and we anticipate that this is likely
to remain the case at this time.  The guidance indicates that contributions for transport infrastructure or
affordable housing would not be sought for this proposal.   We believe that the proposal complies with LDP2
Policy 5: Infrastructure Contributions

Page 24

Land 70m SE of Mylnefield House, Invergowrie 
7.0 PLANNING ASSESSMENT – DETAILED POLICY CONSIDERATIONS 
7.6 Natural Heritage
7.6.1 LDP2 Policy 38: Environment and Conservation protects international, national and local designation
sites and areas. LDP2 Policy 40: Forestry, Woodland and Trees identifies the criteria to be met to gain the
Council’s support, including in relation to the protection and management of trees and woodland, especially
those with high natural, historic and cultural heritage value and where new woodland planting is promoted.
LDP2 Policy 41: Biodiversity seeks to protect and enhance wildlife and habitats, both designated or otherwise. 
LDP2 Policy 42: Green Infrastructure requires all new development to contribute to the creation, protection,
enhancement and management of green infrastructure.  Overall, we contend that this proposal is fully compliant
with these policies, as set out below.  We note that the Report of Handling for 21/01825/FLL states that
‘However, due to the location and scale of the proposed dwellinghouse, it is likely that the proposal
development will (not) have any adverse impact upon the natural heritage and biodiversity of the area.’ 
Protected Sites and Species
7.6.2 The information recorded on NatureScot’s SiteLink shows that the site is not the subject of any statutory
nature conservation designations.  
Woodland and Trees
7.6.3 The application site includes a number of trees.  The location of the proposed dwellinghouse (over the
footprint of the foundations of the pool house) is within a grassed clearing and the driveway ares is also clear of
trees.   
7.6.4 We note that the Report of Handling for 21/01825/FLL indicated that a Tree Survey and Tree Protection
Plan were required to demonstrate the impact of the proposal on the existing trees on the site.  The applicant
has submitted a Tree Survey with this application (Arboricultural Assessment, Mylnefield House, Arboretum
Internationale, 5th April 2022).  This assessment identifies 10 trees within and immediately adjacent to the site. 
One of these trees (a cypress) is recorded as dead/dying and identified for removal due to its poor condition,
irrespective of the development proposal.  The assessment indicates that no other tree work (felling or pruning)
is required to create space for the proposed dwellinghouse or for access.  A tree constraints plan and tree
protection plan, along with recommendations for tree protection are included in the report. We contend that this
proposal is fully compliant with LDP2 Policy 40: Forestry, Woodland and Trees.

Page 25

Land 70m SE of Mylnefield House, Invergowrie 
7.0 PLANNING ASSESSMENT – DETAILED POLICY CONSIDERATIONS 
7.8 Roads, Transport and Accessibility
7.8.1 The main policy heading, LDP2 Policy 60: Transport Standards and Accessibility Requirements includes
LDP2 Policy 60B: New Development Proposals.  The policy aims to reduce travel demand by car and promotes
access to a choice of sustainable modes of travel,  including opportunities for active travel and green networks. 
The policy states that  All development proposals that involve significant travel generation should be well
served by, and easily accessible to all modes of transport.’   The proposal will not have significant  travel
generation but in any case is well located for sustainable travel.  
Public Transport
7.8.2 Bus transport is accessible from the site.  There is a bus stop  located on the A90, approx. 600m from
the site, accessible along the A90 footway.   Stagecoach service X16 provides a frequent service between
Dundee and Perth.  The site is very close to Dundee for access to the wider public transport network—both bus
and rail.  There is also a rail station in Invergowrie, providing access to an hourly service between Dundee and
Perth.   
Active Travel
7.8.3 The site is well place for active travel, with an off road footway along the A90 linking into Longforgan,
Invergowrie and Dundee.  There is a wider network of paths, readily accessible to the site and linking into the
surrounding area.  
Private Car Use
7.8.4 Travel from the site by car provides quick and direct access to the main public transport hubs Dundee
and Perth,  along with access to the main central Scotland road network with direct access on to the A90.  The
location of the site supports the reduction in unsustainable longer car journeys.  
Access
7.8.5 Access to the proposed dwellinghouse will be along an existing driveway (approx. 35m long),
constructed at the time of the initial works for the pool house.   This connects to the main driveway between
Mylnefield House and the A90. A new gate and gateposts have been installed (These are retrospective
elements of this application and detailed drawings are submitted).   The driveway and gates are shown in the
photographs on pages 5 and 6. 
7.8.6 We note that in relation to the earlier dwellinghouse application 21/01825/FLL, the Council’s Transport
Planning Team and Transport Scotland were content with the proposal, making no comments or objection and
that the Report of Handling stated that ‘It is therefore considered that there are no roads or access implications
and the proposal complies with Policy 60B ‘Transport Standards and Accessibility.’

Page 26

Land 70m SE of Mylnefield House, Invergowrie 
8.0 CONCLUSION
8.1 In conclusion:
 This proposal provides for a modestly sized dwellinghouse within the grounds of Mylnefield House,
gaining support in principle from category 3.1 of LDP2 Policy 19: Housing in the Countryside and, in
detail, from the from the range of other relevant LDP2 policies and guidance, as set out in detail in this
statement.
 The proposed dwellinghouse is located on the footprint of an earlier approved swimming pool house. 
Construction had begun on this building more than 10 years ago, with foundations excavated and
services installed. The applicant now wishes to replace the further construction of the pool house with a
dwelling house.  We contend that the proposal will be equally acceptable as development in this location. 
8.2 We looks forward to receiving the Council’s comments on this proposal and would request that the
case officer contact us,  to request any further information sought in support of the proposal, and to update on
a likely recommendation, prior to a decision being made.