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Minute of meeting of 11 September 2023

Perth and Kinross Council · 23 October 2023
Back to Local Review Body — 23 October 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
11 September 2023 at 1:00pm. 
Present: Councillors B Brawn, H Anderson (Item 4(iii) only), K Harvey and I James. 
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 M Pasternak (both Corporate and Democratic
Services) and C Brien (Communities). 
1. WELCOME 
Councillor Brawn welcomed all present to the meeting. 
2. DECLARATIONS OF INTEREST 
In terms of the Councillors Code of Conduct, Councillor B Brawn declared a
non-financial interest in Item 4 (iii). 
3. MINUTES 
The minute of meeting of the Local Review Body of 14 August 2023 was
submitted and noted. 
IT WAS AGREED TO VARY THE ORDER OF BUSINESS TO HEAR ITEM 4(iii)
FIRST. 
COUNCILLOR B BRAWN LEFT THE CHAMBER AT THIS POINT. 
COUNCILLOR H ANDERSON JOINED THE MEETING AT THIS POINT. 
FOLLOWING NOMINATION FROM COUNCILLOR K HARVEY, COUNCILLOR
I JAMES TOOK THE CHAIR FOR THE FOLLOWING ITEM OF BUSINESS. 
4. APPLICATIONS FOR REVIEW 
(iii) LRB-2023-27
Planning Application – 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 – Mr and Mrs J Adams 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse alterations to
dwellinghouse, formation of vehicular access, alterations to rear
vehicular access and installation of gates, Morven, Balmoral Road,
Rattray, Blairgowrie PH10 7AF.

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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 to dwellinghouse, formation
of vehicular access, alterations to rear vehicular access and
installation of gates, Morven, Balmoral Road, Rattray,
Blairgowrie PH10 7AF, be granted subject to relevant terms,
conditions and informatives including a suspensive condition
that sight lines onto Balmoral Road will be adjusted and agreed
to the satisfaction of Perth and Kinross Council Transport
Planning Department. 
Justification
With the imposition of relevant conditions, Members considered the
proposal to be in accordance with the Development Plan. 
COUNCILLOR H ANDERSON LEFT THE MEETING AT THIS POINT. 
COUNCILLOR B BRAWN RETURNED TO THE CHAMBER AND RESUMED THE
CHAIR FOR THE FOLLOWING ITEMS OF BUSINESS. 
(i) LRB-2023-24
Planning Application – 22/02096/FLL – Erection of a
dwellinghouse land 70 metres South East of Mylnefield House,
Invergowrie – Mr M Harris 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse erection of a dwellinghouse
land 70 metres South East of Mylnefield House, Invergowrie. 
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:

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(ii) the review application for Erection of a dwellinghouse land 70
metres South East of Mylnefield House, Invergowrie, be
granted, subject to the imposition of relevant terms, conditions
and informatives, including a condition that permitted
development rights pertaining to the new property, be
suspended. 
Justification
Councillors B Brawn and I James considered the proposal to be a
departure from Policy 19, however, considered it to be acceptable,
given the ancillary planning permission previously granted but not
completed. 
Note
Councillor K Harvey dissented from the majority opinion.  He
considered the proposal to be contrary to Policy 19 and therefore not in
accordance with the Development Plan. 
(ii) LRB-2023-26
Planning Application – 23/00655/FLL – Alterations and extension
to dwellinghouse, Gean Tree Cottage, Rait, Perth PH2 7SA – Mr A
Thriepland 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse alterations and extension to
dwellinghouse, Gean Tree Cottage, Rait, Perth PH2 7SA. 
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 extension to dwellinghouse, alterations
and extension to dwellinghouse, Gean Tree Cottage, Rait, Perth
PH2 7SA, be refused for the following reasons: 
1. The extension, by combination of its proportions, position
and design would result in an awkward addition which is
unsympathetic to the traditional character and
architectural and historic interest of the Category B-listed
former laundry building. 
Refusal would therefore be in line with Policy 14(c) of
National Planning Framework 4.  Furthermore, approval
would be contrary to Policies 7(c), 14(a)+(b) of National
Planning Framework 4, Policies 1A and 1B(c) of Perth

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and Kinross Local Development Plan 2 (2019) and Perth
and Kinross Council’s Placemaking Guide 2020, which
seek to ensure that development contributes 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 and to
safeguard listed buildings from inappropriate
development.
2. The extension by combination of its proportions, position
and design would have an adverse impact on the
character and appearance of the designated Garden and
Designed Landscape of Fingask Castle and the Sidlaw
Hills Local Landscape Area. 
Approval would therefore be contrary to Policies 4(d) and
7(i) of National Planning Framework 4 and Policies 29 and
39 of Perth and Kinross Local Development Plan 2
(2019), which seek to protect and enhance the integrity of
designated Garden and Designed Landscapes and Local
Landscape Areas. 
Justification
The proposal is not in accordance with the Development Plan
and there are no material reasons which justify departing from
the Development Plan.