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Minute of meeting of 18 December 2023

Perth and Kinross Council · 15 January 2024
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PERTH AND KINROSS LOCAL REVIEW BODY 
Minute of hybrid meeting of the Perth and Kinross Local Review Body held on
Monday 18 December 2023. 
Present: Councillors B Brawn, D Illingworth and G Stewart. 
In Attendance: R Burton (Planning Adviser), Colin Elliott, (Legal Adviser) and J Guild
(Democratic Governance Officer) (all Corporate and Democratic Services). 
Also Attending: A Brown and R Ramsay (both Corporate and Democratic Services)
and C McLaren (Communities). 
1. WELCOME 
Councillor Brawn welcomed all present to the meeting. 
2. DECLARATIONS OF INTEREST 
No Declarations of Interest were made in terms of the Councillors Code of
Conduct. 
3. MINUTES 
The minute of meeting of the Local Review Body of 16 November 2023 was
submitted and noted. 
4. APPLICATIONS FOR REVIEW 
(i) LRB-2023-38
Planning Application – 23/00636/FLL – Siting of 3 accommodation
units and a laundry/storage unit for use as short-term letting or
workers accommodation, and associated works (in retrospect)
land 170 metres north east of Keepers Cottage, Amulree, Dunkeld
PH8 0EE – Culfargie Estates and Tay and Torridon Estates 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse siting of 3 accommodation
units and a laundry/storage unit for use as short-term letting or workers
accommodation, and associated works (in retrospect) land 170 metres
north east of Keepers Cottage, Amulree, Dunkeld PH8 0EE. 
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, insufficient information

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was before the Local Review Body to determine the matter
without further procedure.
(ii) The applicant to produce a business plan as per the
requirements of Policy 8: Rural Business and Diversification of
the Perth and Kinross Local Development Plan 2 (2019),
including a monthly breakdown detailing seasonal worker versus
tourist use of the accommodation. 
(iii) Development Management to review and comment on the
business plan provided.
(iv) Following receipt of all information and responses, the
application be brought back to a future meeting of the Local
Review Body. 
(ii) LRB-2023-39
Planning Application – 23/00532/FLL – Erection of a
dwellinghouse and associated works at land north of 31 Main
Street, Keltybridge – Mr B Ferguson 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse erection of a dwellinghouse
and associated works at land north of 31 Main Street, Keltybridge.   
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 and
associated works at land north of 31 Main Street, Keltybridge,
be refused for the following reasons:
1. The proposed development will have a detrimental impact
on the distinct character and visual amenity of the village. 
The proposed development is poorly designed, will be
detrimental to residential amenity and will not contribute
positively to the surrounding built and natural
environment.  The proposal is not consistent with the six
qualities of successful places.  The proposal does not
satisfy NPF4 Policy 14 Design Quality and Place and
LDP2 Policy 1A and 1B(c) Placemaking and related
Placemaking Supplementary Guidance (2020). 
2. The site is not an allocated housing site in LDP2, it is not
in the settlement boundary of Keltybridge and the
proposal does not address an identified gap in provision
and therefore the proposed development does not satisfy
NPF4 Policy 16 Quality Homes and LDP2 Policy 6:
Settlement Boundaries.

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3. The removal of the majority of trees on the site to enable
the development of a dwellinghouse is not sustainable as
there is evidence that the site has and is naturalising and
is of biodiversity value.  The proposal is poorly designed
and is not in keeping with the character of the area.  The
proposal does not satisfy NPF4 Policy 9 Brownfield,
Vacant and Derelict Land and Empty Buildings and NPF4
Policy 17a(ii) Rural Homes. 
4. The poorly designed proposal on a prominent site in the
village will have a detrimental effect on the setting of
listed buildings on the east side of Main Street.  The
proposal does not satisfy NPF4 Policy 7c Historic Assets
and Places and LDP2 Policy 27A: Listed Buildings. 
5. The loss of trees and habitat to enable the proposed
development will have an adverse impact on the natural
environment and biodiversity including protected species
and lead to the fragmentation of an existing network of
green infrastructure.  The proposal does not satisfy NPF4
Policy 1: Tackling the Climate and Nature Crisis, NPF4
Policy 2: Climate Mitigation and Adaptation, NPF4 Policy
3: Biodiversity, NPF4 Policy 6: Forestry, Woodland and
Trees and NPF4 Policy 20: Blue and Green Infrastructure
and LDP2 Policy 1A: Placemaking, LDP2 Policy 40B:
Trees, Woodland and Development, LDP2 Policy 41:
Biodiversity and LDP2 Policy 42: Green Infrastructure. 
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-2023-40
Planning Application – 23/00923/FLL – Erection of a
dwellinghouse (in principle) land 75 metres north west of
Mullmac, Saucher, Kinrossie PH2 6HY – Dunsinnan Farm and
Estate 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse erection of a dwellinghouse
(in principle) land 75 metres north west of Mullmac, Saucher, Kinrossie
PH2 6HY. 
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 majority decision that:
(ii) the review application for erection of a dwellinghouse (in
principle) land 75 metres north west of Mullmac, Saucher,
Kinrossie PH2 6HY, be refused for the following 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 associated Housing in the
Countryside Supplementary Guidance 2020 (SG) as,
whilst the proposed indicative position of the house is
within the existing building group, the proposed
convoluted new access into the site is located out with
the building group and fails to respect the character and
building pattern of the existing well nucleated grouping as
required by Category 1 of the SG.  The proposal also fails
to meet any of the other categories of development
outlined in the SG. 
2. The proposal is contrary to Policy 9(b) of the National
Planning Framework 4 (NPF4) as the proposal is on a
greenfield site and is not explicitly supported by policies
of the Perth and Kinross Local Development Plan 2
(2019).  The proposal also fails to meet any of the
categories of development allowed by Policy 17: Rural
Homes of NPF4. 
3. The proposed new access into the site would result in
Mullmac and Kanrosmar being sandwiched between two
accesses to the detriment of the residential amenity of
these properties.  The proposal is therefore contrary to
Policy 1A of the Perth and Kinross Local Development
Plan 2019 (LDP2) and Policy 14(c) of National Planning
Framework 4 (NPF4) as the proposal fails to respect the
residential amenity of the area. 
4. The proposal is contrary to Policy 1A and 1B(d) of the
Perth and Kinross Local Development Plan 2 (2019) and
Policy 14(b) of National Planning Framework 4 (NPF4) as
the proposed new access fails to contribute positively to
the surrounding built and natural environment and fails to
reinforce the existing street scene and building pattern of
the grouping. 
Justification
The proposal is not in accordance with the Development Plan and
there are no material reasons which justify departing from the
Development Plan. 
Note
Councillor D Illingworth dissented from the majority opinion.  He
considered there is only a minor difference from the previously granted
permission and considered that the proposal would not be a significant
departure from the Development Plan.

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(iv) LRB-2023-41
Planning Application – 23/00796/FLL – Installation of replacement
windows and door at Melville Terrace, Cowgate, Southbank, Errol
PH2 7QS – Mr G Duffy 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse installation of replacement
windows and door at Melville Terrace, Cowgate, Southbank, Errol PH2
7QS. 
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 installation of replacement windows
and door at Melville Terrace, Cowgate, Southbank, Errol PH2
7QS, be refused for the following reasons:
1. The proposed eastmost window, by virtue of its uPVC
frames, the height of the meeting rail, and the addition of
horns, is detrimental to the traditional character of the
house and is detrimental to the character and
appearance of the Errol Conservation Area. 
Approval would therefore be contrary to Policies 7(d)
Historic Assets and Places and16(g)(i) Quality Homes of
the National Planning Framework 4; contrary to Policies
1A & 1B(c) Placemaking and 28A Conservation Areas:
New Development of the Perth and Kinross Local
Development Plan 2; and contrary to the Perth and
Kinross Placemaking Supplementary Guidance 2020. 
2. The proposed windows in the bay window, by virtue of
their uPVC frames, the opening method and the varying
frame widths, are detrimental to the traditional character
of the house and are detrimental to the character and
appearance of the Errol Conservation Area. 
Approval would therefore be contrary to Policies 7(d)
Historic Assets and Places and 16(g)(i) Quality Homes of
the National Planning Framework 4; contrary to Policies
1A & 1B(c) Placemaking and 28A Conservation Areas:
New Development of the Perth and Kinross Local
Development Plan 2; and contrary to the Perth and
Kinross Placemaking Supplementary Guidance 2020.
3. The proposed door, by virtue of its non-traditional design;
the uPVC frames, and the extensive use of glazing, is
detrimental to the traditional character of the house and is

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detrimental to the character and appearance of the Errol
Conservation Area. 
Approval would therefore be contrary to Policies 7(d)
Historic Assets and Places and 16(g)(i) Quality Homes of
the National Planning Framework 4; contrary to Policies
1A & 1B(c) Placemaking and 28A Conservation Areas:
New Development of the Perth and Kinross Local
Development Plan 2; and contrary to the Perth and
Kinross Placemaking Supplementary Guidance 2020. 
Justification
The proposal is not in accordance with the Development Plan and
there are no material reasons which justify departing from the
Development Plan. 
(v) LRB-2023-42
Planning Application – 23/00075/FLL – Change of use of open
space and extension to shop 75-77 Balhousie Street, Perth PH1
5BG – Mr A Hussain 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse change of use of open
space and extension to shop 75-77 Balhousie Street, Perth PH1 5BG. 
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:
(ii) the review application for change of use of open space and
extension to shop 75-77 Balhousie Street, Perth PH1 5BG, be
granted, subject to the imposition of relevant terms, conditions
and informatives, including a condition requiring one
replacement tree to be planted in the remaining area of open
space and a bin shelter to be installed for the premises waste
management. 
Justification
Although contrary to the Development Plan due to the loss of open
space, the proposal would allow for the expansion of an existing retail
business within the neighbourhood. The loss of open space would not
be significant as it would remain in part. 
Note
Councillor G Stewart dissented from the majority opinion.  He
considered the requirement for open space to outweigh the

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requirement for business expansion and therefore would have refused
the review application. 
(vi) LRB-2023-43
Planning Application – 23/00466/FLL – Siting of a holiday
accommodation unit, formation of vehicular access and parking
area and associated landscaping, land 30 metres south east of
Fairygreen Cottage, Kinrossie – Dunsinnan Farm and Estate 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse siting of a holiday
accommodation unit, formation of vehicular access and parking area
and associated landscaping, land 30 metres south east of Fairygreen
Cottage, Kinrossie. 
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, insufficient information
was before the Local Review Body to determine the matter
without further procedure.
(ii) The applicant to produce a business plan as per the
requirements of Policy 8: Rural Business and Diversification of
the Perth and Kinross Local Development Plan 2 (2019).
(iii) Development Management to review and comment on the
business plan provided.
(iv) Following receipt of all information and responses, the
application be brought back to a future meeting of the Local
Review Body. 
5.  APPLICATIONS PREVIOUSLY CONSIDERED 
(i) 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. 
It was noted that, at its meeting of 3 July 2023, the Local Review Body
resolved that insufficient information was before them to determine the
application without (i) comment shall be sought from Transport

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Planning on the proposed access visibility splay within the review
application, with the Applicant having the opportunity to comment in
response.  With the requested information provided, the Local Review
Body reconvened. 
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 residential development (in principle)
land 50 metres south of Strawberrybank, Longforgan, be
granted subject to the imposition of relevant terms, conditions
and informatives, including two conditions set by Transport
Planning and in relation to Developer Contributions.    
Justification
Having obtained the relevant information, Members considered that
with the imposition of relevant conditions, the proposal is in accordance
with the Development Plan.