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(b) Planning Decision Notice, Report of Handling and Reference Documents (Pages 195-210)

Perth and Kinross Council · 11 September 2023
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4(iii)(b) 
LRB-2023-27 
LRB-2023-27
23/00252/FLL – Alterations to dwellinghouse, formation of
vehicular access, alterations to rear vehicular access and
installation of gates, Morven, Balmoral Road, Rattray,
Blairgowrie, PH10 7AF 
PLANNING DECISION NOTICE 
REPORT OF HANDLING 
REFERENCE DOCUMENTS (part included in
applicant’s submission, pages177-178, 180, 182 and 184-
193)

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REPORT OF HANDLING 
DELEGATED REPORT 
Ref No 23/00252/FLL
Ward No P3- Blairgowrie And Glens
Due Determination Date 12th May 2023 
Draft Report Date 16th May 2023
Report Issued by KS Date  16th May 2023 
PROPOSAL:   Alterations to dwellinghouse, formation of vehicular
access, alterations to rear vehicular access and
installation of gates    
LOCATION:  Morven Balmoral Road Rattray Blairgowrie PH10 7AF 
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 
Morven is an un-listed traditional detached dwellinghouse which is located on
Balmoral Road, within the Rattray conservation area. This application seeks detailed
planning permission for the installation of roof light windows, the widening of a
vehicular access to the west and the formation of a vehicular access with associated
gates to the east. 
SITE HISTORY 
22/00124/IPL  Erection of a dwellinghouse (in principle)
Application Returned – 15 February 2022 
PRE-APPLICATION CONSULTATION 
Pre application Reference:  Not Applicable. 
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). 
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.

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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 7: Historic assets and places 
Policy 14: Design, quality and place 
Policy 16: Quality homes 
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 17: Residential Areas 
Policy 28A: Conservation Areas: New Development 
Policy 60B: Transport Standards and Accessibility Requirements: New Development
Proposals 
Statutory Supplementary Guidance 
  Supplementary Guidance - Placemaking (adopted in 2020) 
Non Statutory Guidance 
  Conservation areas  
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.   
Planning Advice Notes 
The following Scottish Government Planning Advice Notes (PANs) and Guidance
Documents are of relevance to the proposal: 
 PAN 40 Development Management
 PAN 75 Planning for Transport
 PAN 77 Designing Safer Places

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Creating Places 2013 
Creating Places is the Scottish Government’s policy statement on architecture and
place. It sets out the comprehensive value good design can deliver. It notes that
successful places can unlock opportunities, build vibrant communities and contribute
to a flourishing economy and set out actions that can achieve positive changes in our
places. 
Designing Streets 2010 
Designing Streets is the policy statement in Scotland for street design and changes
the emphasis of guidance on street design towards place-making and away from a
system focused upon the dominance of motor vehicles. It was created to support the
Scottish Government’s place-making agenda, alongside Creating Places. 
National Roads Development Guide 2014, as amended 
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. 
INTERNAL COMMENTS 
Transportation And Development
Cannot support the proposed vehicular access onto Balmoral Road (A93) due to a
lack of visibility raising road traffic safety concerns. 
REPRESENTATIONS 
The following comments were made in the 1 letter of representation received: 
 Concerns over the number and type of vehicles on the A93
 Lack of visibility leading to road traffic safety concerns on the A93
 Civic issues associated with the private lane access 
Additional Statements Received: 
Screening Opinion  EIA Not Required
Environmental Impact Assessment (EIA):
Environmental Report
Not Applicable
Appropriate Assessment Habitats Regulations –
AA Not Required
Design Statement or Design and Access
Statement
Not Submitted
Report on Impact or Potential Impact eg Flood
Risk Assessment
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

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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.   
Section 64(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland)
Act 1997 is relevant and requires planning authorities to pay special attention to the
desirability of preserving or enhancing the character or appearance of the
designated conservation area. 
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 
Developments which are incidental to the enjoyment of an existing domestic dwelling are
generally considered to be acceptable in principle. Nevertheless, consideration must be
given to the specific details of the proposed development, within the context of the
application site, and whether it would have an adverse impact upon visual or residential
amenity, road traffic safety or the character and appearance of the conservation area. 
Design and Layout 
Morven is an un-listed traditional detached dwellinghouse which is located on
Balmoral Road, within the Rattray conservation area. This application seeks detailed
planning permission for the installation of roof light windows, the widening of a
vehicular access to the west and the formation of a vehicular access with associated
gates to the east. 
Visual Amenity and Conservation Considerations 
The proposed roof light windows are of conservation specification, and they are of
appropriate size and alignment so as to minimise their visual impact. 
The altered opening on the southwest boundary (Riverside Road) would widen the
gates from 2.76 metres to 5 metres, whilst replicating the double-gate detail in a
sympathetic manner. 
However, the proposed vehicular access onto the A93 (Balmoral Road) raised
concerns with respect to the inappropriate design and materials of the proposed gate
and its impact upon the character and appearance of the conservation area. Revised
drawings were submitted on 1 May 2023 to lower the boundary wall, form railings on
top and to form vehicular access gates from railings instead. This satisfactorily
resolved the concerns with respect to adverse impacts upon visual amenity and the
conservation area. 
Roads and Access 
The revised drawings also sought to demonstrate the sight lines which are capable
of being achieved when vehicles exit onto the A93. However, the sight lines have not

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been drawn to, nor achieved, the required standard to address road traffic safety
concerns. The required standard includes that; 
 The visibility splay shall be a distance of 43 metres in both directions to the
left and right of the property;
 The splay shall be shown from 2.4 metres back from the edge of the public
road network;
 The splay shall be drawn to the western side of Balmoral Road, as there are
parked cars, vehicle will need to enter the opposing side to pass them. 
It has not been demonstrated that the vehicular access onto Balmoral Road can
achieve satisfactory lines of sight for drivers leaving the property. Accordingly, the
access would create an unacceptable adverse impact on road traffic safety.
Therefore, the proposal is contrary to Policy 60B(a) of Perth & Kinross Local
Development Plan 2 2019, which requires that development proposals are designed
for the safety and convenience of all potential users. 
Residential Amenity 
The concerns identified in the representation regarding the private lane are noted.
However, these are not matters that are material to the assessment of the planning
application. There are no other impacts upon residential amenity. 
Drainage and Flooding 
There are no drainage and flooding implications associated with this proposed
development. 
Developer Contributions 
The Developer Contributions Guidance is not applicable to this application and
therefore no contributions are required in this instance. 
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 varied prior to determination, in accordance with the terms of
section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. 
The variations incorporate changes to the vehicular access onto Balmoral Road. 
PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 
None required.   
DIRECTION BY SCOTTISH MINISTERS 
None applicable to this proposal.

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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. 
Reasons for Refusal 
1 It has not been demonstrated that the vehicular access onto Balmoral Road
can achieve satisfactory lines of sight for drivers leaving the property.
Accordingly, the access would create an unacceptable adverse impact on
road traffic safety. Therefore, the proposal is contrary to Policy 60B(a) of
Perth & Kinross Local Development Plan 2 2019, which requires that
development proposals are designed for the safety and convenience of all
potential users. 
Justification  
The proposal is not in accordance with the Development Plan and there are no
material reasons which justify departing from the Development Plan. 
Informative Notes 
1 This application was varied prior to determination, in accordance with the terms
of section 32A of the Town and Country Planning (Scotland) Act 1997, as
amended.  The variations incorporate changes to the vehicular access onto
Balmoral Road. 
Procedural Notes 
Not Applicable. 
PLANS AND DOCUMENTS RELATING TO THIS DECISION 
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