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(b) Planning Decision Notice, Report of Handling and Reference Documents (Pages 35-108)

Perth and Kinross Council · 11 September 2023
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4(i)(b)
LRB-2023-24
PLANNING DECISION NOTICE
REPORT OF HANDLING
REFERENCE DOCUMENTS
LRB-2023-24
22/02096/FLL – Erection of a dwellinghouse, land 70
metres south east of Mylnefield House, Invergowrie

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REPORT OF HANDLING 
DELEGATED REPORT 
Ref No 22/02096/FLL
Ward No P1- Carse Of Gowrie
Due Determination Date 24th April 2023 
Draft Report Date 21st April 2023
Report Issued by JF Date 21/04/2023 
PROPOSAL:  Erection of a dwellinghouse    
LOCATION:  Land 70 Metres South East Of Mylnefield House
Invergowrie   
SUMMARY: 
This report recommends refusal of the application 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. 
BACKGROUND AND DESCRIPTION OF PROPOSAL 
The application site is on land 70metres South East of Mylnefield House,
Invergowrie, on an area which is heavily vegetated with mature trees. The
application seeks detailed planning permission for the erection of a dwellinghouse.
The proposed dwellinghouse is a detached 3 bedroomed bungalow and is located to
the South of the site. 
The application follows on from a refusal ref 21/01825/FLL which was considered
contrary to Housing the Countryside Policy Category 1 and 2 with additional reasons
in relation to trees. 
SITE HISTORY 
21/00793/FLL Erection of a dwellinghouse 14 June 2021 
21/01360/FLL Erection of a dwellinghouse 3 September 2021 
21/01825/FLL Erection of a dwellinghouse 22 December 2021 Application Refused 
PRE-APPLICATION CONSULTATION 
Pre application Reference: N/A 
DEVELOPMENT PLAN 
The Development Plan for the area comprises National Planning Framework 4
(NPF4) and the Perth and Kinross Local Development Plan 2 (2019) (LDP2).

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National Planning Framework 4 
The National Planning Framework 4 (NPF4) is the Scottish Government’s long-term
spatial strategy with a comprehensive set of national planning policies.  This strategy
sets out how to improve people’s lives by making sustainable, liveable and
productive spaces.   
NPF4 was adopted on 13 February 2023. NPF4 has an increased status over
previous NPFs and comprises part of the statutory development plan. 
The Council’s assessment of this application has considered the following policies of
NPF4 : 
Policy 1: Tackling the Climate and Nature Crisis
Policy 3: Biodiversity
Policy 6: Forestry, Woodland and Trees
Policy 29: Rural Development 
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 principal policies are: 
Policy 1A: Placemaking
Policy 1B: Placemaking
Policy 6: Settlement Boundaries
Policy 19: Housing in the Countryside
Policy 26A: Scheduled Monuments and Archaeology: Scheduled Monuments
Policy 32: Embedding Low & Zero Carbon Generating Technologies in New
Development
Policy 41: Biodiversity
Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy
Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development
Policy 53B: Water Environment and Drainage: Foul Drainage
Policy 53C: Water Environment and Drainage: Surface Water Drainage
Policy 60B: Transport Standards and Accessibility Requirements: New Development
Proposals 
Statutory Supplementary Guidance 
• Supplementary Guidance - Developer Contributions & Affordable Housing
(adopted in 2020)
• Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020)
• Supplementary Guidance - Housing in the Countryside (adopted in 2020)
• Supplementary Guidance - Placemaking (adopted in 2020)

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OTHER POLICIES 
Non Statutory Guidance 
• Planning Guidance - Planning & Biodiversity 
NATIONAL GUIDANCE 
The Scottish Government expresses its planning policies through The National
Planning Framework, Planning Advice Notes, Creating Places, Designing Streets,
National Roads Development Guide and a series of Circulars.   
National Roads Development Guide 2014 
This document supports Designing Streets and expands on its principles and is
considered to be the technical advice that should be followed in designing and
approving of all streets including parking provision. 
CONSULTATION RESPONSES 
Scottish Water   No objection 
Transportation And Development  No objection 
Development Contributions Officer No contribution required 
Dundee Airport Ltd    No objection 
Perth And Kinross Heritage Trust  No objection 
REPRESENTATIONS 
No representations were received. 
Additional Statements Received:  
Screening Opinion  EIA Not Required
Environmental Impact Assessment (EIA):
Environmental Report
Not applicable
Appropriate Assessment under Habitats
Regulations
Habitats Regulations AA Not
Required
Design Statement or Design and Access
Statement
Submitted 
Report on Impact or Potential Impact eg Flood
Risk Assessment
Submitted

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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 comprises
NPF4 and the Perth and Kinross Local Development Plan 2019.  The relevant policy
considerations are outlined in the policy section above and are considered in more
detail below.  In terms of other material considerations, involving considerations of
the Council’s other approved policies and supplementary guidance, these are
discussed below only where relevant.   
The determining issues in this case are whether; the proposal complies with
development plan policy; or if there are any other material considerations which
justify a departure from policy. 
Policy Appraisal 
The site is not located within a designated settlement boundary. As such, Policy 6
'Settlement Boundaries' is directly applicable. Policy 6 specifies that development will
not be permitted, except within the defined settlement boundaries which are defined
by a settlement boundary in the Plan. 
However, through Policy 19 'Housing in the Countryside', it is acknowledged that
opportunities do exist for housing uses in rural areas to support the viability of
communities, meet development needs in appropriate locations while safeguarding
the character of the countryside as well as ensuring that a high standard of siting and
design is achieved. Thus the development of single units or groups of units which fall
within the six identified categories will be supported. The Council will support
proposals for the erection, or creation through conversion, of single units and groups
of units in the countryside which fall into at least one of the following categories: 
1) Building Groups
2) Infill site
3) New houses in the countryside on defined categories of sites as set out in section
3 of the supplementary guidance
4) Renovation or replacement of houses
5) Conversion or replacement of redundant non-domestic buildings
6) Development on rural brownfield land 
The previous application was considered under category 1 'Building Groups' and
category 2 'Infill Sites'.  The proposal was considered not to comply with these
categories. 
Within the supporting statement the agent considers the site would comply with
Category 3.1 Existing Gardens (a).  This policy states that proposals for a new house
or houses within the original garden ground associated with an existing country or
estate house will be supported providing that there is an appropriate landscape
setting and additional development will not fundamentally affect the qualities and
integrity of the site, particularly where the house is a listed building or falls within a
Historic Garden or Designed Landscape. A country or estate house is defined as a

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large house set within its own estate or extensive grounds. This section does not
apply to domestic scale gardens or where gardens have been created at a later date,
for example, by the change of use of agricultural land to garden ground. 
The submission is supported by historic maps which show in 1891 there was an
extensive dwelling sited to the west of the application site with a long drive providing
access, there is an additional building to the north which may have served as
ancillary to the original estate/country house.  In the 1959 map the house is no
longer present with the ancillary building now forming ‘Mylnefield’. In a 1970 map
some ancillary development of this house has taken place to the south.  In addition
the plans submitted for the proposal show the full extent of the land ownership which
is proportionate to the scale of the house but not considered for the purposes of the
policy to constitute a country or estate house set within its own estate or extensive
grounds.  It is also appears from the maps that this area was wooded and not laid
out as gardens these lie to the west.   
It is also considered that in this case the commencement of a development for an
ancillary building does not justify the erection of a dwelling which will be required to
have its own access and usable amenity space within a contained plot.   
In summary, it is considered that the proposal would not comply with Category 3.1
and therefore the principle of the development is not supported under this category.   
Design and Layout 
The dwelling proposed is modest and simple in form/design.  It is single storey
finished with a mock slate roof and the walls will be finished in a smooth white wet
dash render. The windows and doors will be white uPVC units. All rainwater goods
will be black uPVC. A new set of electronic gates are proposed at the end of the new
driveway. 
There are no significant concerns regarding the design however it’s unfortunate that
some traditional detailing or materials. 
Residential Amenity 
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
however it should be noted that the tree report submitted highlights the level of tree
cover and shading arcs would have impacted the use of the amenity space and may
have lead to tree removal by future occupants. 
Roads and Access 
The proposal incorporates a large driveway which connects to the existing access
road. The driveway has parking facilities for at least 2 vehicles and turning facilities
to allow for all vehicles to exit the site in a forward gear. These arrangements are
considered suffice for the level of traffic likely to be generated by the proposed
development. The Council's Transport Planning Team have been consulted.

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Transport Scotland were not consulted as the proposal did not meet the thresholds
for consultation. 
It is therefore considered that there are no roads or access implications, and the
proposal complies with Policy 60B 'Transport Standards and Accessibility
Requirements'. 
Conservation Considerations 
Perth & Kinross Heritage Trust (PKHT) were consulted as part of this 
application and have no objection to offer, subject to conditional control regarding
archaeology. This is due to the archaeological sensitivity of the Carse of Gowrie
area. The recommended condition would ensure compliance  with Policy 26B
'Scheduled Monuments and Archaeology: Archaeology'. 
Natural Heritage and Biodiversity 
The site is currently woodland and has a significant number of mature trees present.
Policy 40B 'Forestry, Woodland and Trees: Trees, Woodland and Development'
requires that a Tree Survey is submitted by a suitably qualified professional where
there are existing trees on the site. 
This application is accompanied by a tree survey, but this does not appear to directly
relate to the site plan submitted.  The site plan shows trees which are not in the tree
survey and vice versa for example there is a soakaway proposed to the west of the
dwelling which would lie within a tree RPA , this tree is not on the site plan. The
proposal is therefore still contrary to Policy 40 as the tree report submitted does not
detail how the dwelling, soakaway and access road which all lie within RPAs can be
constructed and that there is no plan showing how the tree protection in line with the
RPAs could be erected and maintained during construction.   
Drainage and Flooding 
The site is not located within an area of identified flood risk and the proposals are not
considered to increase the risk of flooding or create any drainage implications. A
surface water drainage plan, soakaway calculations and percolation test results have
been submitted which demonstrate compliance with Policy 53C 'Water Environment
and Drainage: Surface Water Drainage'.   
However the soakaway is located within the root protection area of tree and as noted
the tree report plans (showing tree locations and RPAs) does not match up with the
site plan submitted.   
Developer Contributions 
The Developer Contributions Guidance is not applicable to this application and
therefore no contributions are required in this instance.

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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 
This application was not varied prior to determination. 
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. 
Conditions and Reasons 
1 The proposal is contrary to Policy 19 'Housing in the Countryside' of the Perth
and Kinross Local Development Plan 2 (2019) and the Council's Housing in
the Countryside Supplementary Guidance 2020, as it does not comply with
any of the categories of the policy guidance. In particular the site is not
considered for the purposes of the policy to form part of a country or estate
house set within its own estate or extensive grounds 
2  The proposal is contrary to Policy 17 Rural Homes of National Planning
Framework 4 as the proposal does not meet any of the criteria within the
policy. 
3 The proposal is contrary to Policy 40B 'Forestry, Woodland and Trees'' of the
Perth and Kinross Local Development Plan 2 (2019), as insufficient
information has been submitted with regards to the existing trees on the site.
The tree survey submitted does not detail the development as proposed and
how it can be constructed with tree protection measures win place and without
damage to tree roots as works are proposed within the root protection areas
for a number of trees.

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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. 
Informatives 
N/A 
Procedural Notes 
Not Applicable. 
PLANS AND DOCUMENTS RELATING TO THIS DECISION 
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Page 1 of 7
Pullar House 35 Kinnoull Street Perth PH1 5GD  Tel: 01738 475300  Fax: 01738 475310  Email: onlineapps@pkc.gov.uk
Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid.
Thank you for completing this application form:
ONLINE REFERENCE 100608426-001
The online reference is the unique reference for your online form only. The  Planning Authority will allocate an Application Number when
your form is validated. Please quote this reference if you need to contact the planning Authority about this application.
Type of Application
What is this application for? Please select one of the following: *
 Application for planning permission (including changes of use and surface  mineral working).
 Application for planning permission in principle.
 Further application, (including renewal of planning permission, modification, variation or removal of a planning condition etc)
 Application for Approval of Matters specified in conditions.
Description of Proposal
Please describe the proposal including any change of use: *  (Max 500 characters)
Is this a temporary permission? *  Yes  No
If a change of use is to be included in the proposal has it already taken place?  Yes  No
(Answer ‘No’ if there is no change of use.) *
Has the work already been started and/or completed? *
 No  Yes – Started  Yes - Completed
Applicant or Agent Details
Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting
on behalf of the applicant in connection with this application)  Applicant  Agent
Erection of dwelling house land 70 m South East of Mylnefield House, Invergowrie

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Agent Details
Please enter Agent details
Company/Organisation:
Ref. Number: You must enter a Building Name or Number, or both: *
Building Name:
Building Number: 85
First Name: *
Last Name: *
Address 1
Telephone Number: * (Street): *
Extension Number: Address 2:
Mobile Number: Town/City: *
Fax Number: Country: *
Postcode: *
Email Address: *
Is the applicant an individual or an organisation/corporate entity? *
 Individual  Organisation/Corporate entity
Applicant Details
Please enter Applicant details
Title: You must enter a Building Name or Number, or both: *
Other Title: Building Name:
First Name: * Building Number:
Address 1
Last Name: * (Street): *
Company/Organisation Address 2:
Telephone Number: * Town/City: *
Extension Number: Country: *
Mobile Number: Postcode: *
Fax Number:
Email Address: *
Mr
Jim
Mark
Lough
Harris
Riverside Gardens07771970537
G83 3QD
Alexandria
Balloch
jim@jimlough.co.uk
2

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