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Item 4(i) LRB-2022-03

Perth and Kinross Council · 6 June 2022
Back to Local Review Body — 6 June 2022 and its agenda

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4(i)
LRB-2022-03   
LRB-2022-03
21/01504/FLL – Erection of boundary wall, West Lodge
Caravan Park, Comrie, Crieff 
INDEX 
(a) Papers submitted by the Applicant (Pages 11-28) 
(b) Decision Notice (Pages 31-32) 
Report of Handling (Pages 33-40) 
Reference Documents (Pages 25-28 and 41-42) 
(c) Representations (Pages 43-52) 
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4(i)(a)
LRB-2022-03   
LRB-2022-03
21/01504/FLL – Erection of boundary wall, West Lodge
Caravan Park, Comrie, Crieff 
PAPERS SUBMITTED
BY THE
APPLICANT 
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Content
1.0 General introduction.
2.0 Current planning submission and reason given for refusal.
3.0 Reason for overturning the current refusal.
4.0 Summary and conclusion.
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1.0 General introduction
1.1 The following submission has been prepared following receipt of the Notice of Refusal in respect
of the recent Planning and Listed Building Consent application for alterations to the boundary
wall at West Lodge Caravan Park, Comrie.
1.2 Our client, Tri Scotland, recently purchased the existing caravan park and has been keen to
spend considerable monies carrying up improvements to both the external appearance of the
site and also the quality of accommodation it provides.
1.3 An initial application was submitted by Brunton Design on behalf of the client on 24 March 2021
under planning reference. No: 21/00488/FLL.   This unfortunately was a very poor and badly
considered design proposal and application was subsequently refused on 22 June 2021.   
1.4 The reason for refusal were as follows:-
1.  The proposed demolition of the existing wall and the realignment of the
boundary at the edge of the road would have an adverse impact on the
character and visual amenity of the site. The wall relates to the category C listed
Lawers West Lodge and is therefore also listed. Its demolition would result in the
loss of historic fabric and an adverse impact on the character and setting of the
associated listed buildings. The proposal is therefore contrary to Policy 27A of
the Perth and Kinross adopted Local Development Plan 2 (2019), which seeks to
ensure that the architectural and historic interest of listed buildings is protected;
and Policy 1A of the Perth and Kinross adopted Local Development Plan 2 (2019)
which seeks to ensure that all new developments respect the character and
amenity of the area concerned. 
2.  The proposed realignment of the boundary wall blocks an existing core path,
with no provision made for safe re-routing. The proposal is therefore contrary to
Policy 15 of the Perth and Kinross adopted Local Development Plan 2 (2019)
which seeks to ensure that new development has no adverse impact on the
integrity of any core path. 
3.  The proposed boundary wall abuts the A85 trunk road carriageway with no
consideration given to retaining the trunk verge, the existing bus stop and other
street furniture within the verge, or the impact of the proposed boundary walls
on the visibility splays at the access to the caravan park. The proposal is
unacceptable to Transport Scotland and is contrary to Policy 60B of the Perth
and Kinross adopted Local Development Plan 2 (2019) which seeks to ensure
that all development proposals should be designed for the safety and
convenience of all potential users.
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2.0 Current planning submission and reason given for refusal.
2.1 Fouin + Bell Architects were then appointed by Tri Scotland to review the current proposals and
the reason given for refusal, and to prepare a further fresh submission which it was hoped
would address the earlier concerns.   The three reason given for the initial refusal were as
follows:-
1. Concerns about the line of the proposed new wall and its relationship to the West Lodge
building. 
2. The relationship and potential impact of the proposed new wall to the core path route in
the local area.
3. The proximity of the proposed wall to the trunk road and the loss of the existing road verge.
2.2 We prepared amended drawings showing that the core path route would not be affected by the
new wall and that the existing verge would be retained.   We also proposed improvements to
the entrance to the caravan site, the upgrading of the existing bus stop and the provision of a
bench for people waiting for a bus to arrive.
2.3 The revised proposals amended the gate detail adjacent to the West Lodge building, retained
the existing gate, gate pillar and wall to the front of the lodge.   We also noted that our client
would retain the first 6 metres of the existing stone wall which runs off the west elevation of
this building.  This is clearly shown on the submission drawing below.
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2.4 We believe that the revised submission demonstrated that all of these earlier concerns could all
be satisfactorily addressed.
2.5 The revised scheme was submitted for planning and listed building consent under planning
reference Nos: 21/01504/FLL and 21/01659/LBC.    This was submitted on 24 August 2021.
2.6 On 18 November 2021 we received notification that both these applications had been refused.
The reason given for refusal was as follows:-
1.  The existing boundary wall relates to the category C listed Lawers West Lodge
and is therefore also listed. Its demolition and the proposed realignment of the
boundary would result in the loss of historic fabric and an adverse impact on the
character and setting of the associated listed buildings. The proposal is therefore
contrary to Policy 27A of the Perth and Kinross Local Development Plan 2 (2019),
which seeks to ensure that the architectural and historic interest of listed
buildings is protected.
3.0 Reason for overturning the current refusal.
3.1 As can be seen from this refusal, the revised application had fully addressed both the core path
and transportation concerns and simply left the issue of the impact of the proposed new wall on
the West Lodge building as a matter of concern.    The building is C listed.    The property was
listed in 1981 and the citation reads as follows:-
Single-storey ashlar of similar type to Ochtertyre Mid Lodge. 
Segmentally arched trellis verandah, square gate piers and trellis screen. 
Early 19th cent. 
Poorly designed recent additions.
3.2 Based upon this listed, we believe that the property is not particularly special but none the less
we are not proposing to carry out any alterations to the building itself.  The proposed works are
either minimal and not physically connected to the building and the retention of the first section
of the west wall means there is no impact on the setting, historic fabric detail, setting or historic
character of the listed building.  
3.3 The existing boundary wall is not part of the listing and is only relevant because it is tied into the
west gable.
3.4 Our revised scheme also amended the proposed gate detail to the front of the lodge to retain
the existing detail.  
3.5 As a result, believe that the proposed works enhance both the appearance and setting of the
building as is demonstrated by the photograph below.
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Photograph of West Lodge in context with new walls and planters
3.6 We have annotated this photograph below to highlight the works done or proposed.
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4.0 Summary and conclusion.
4.1 As stated in our introduction, the applicant has recently purchased the West Lodge Caravan Park
in Comrie with a view to investing in improving the site and the quality of holiday
accommodation this provided.
4.2 The original scheme which was refused was poorly consider and failed to take account of the
actual situation on the ground.
4.3 The revised submission fully addresses the earlier concerns leaving only the matter of whether
the proposed realignment of the boundary would result in the loss of historic fabric and an
adverse impact on the character and setting of the associated listed buildings .
4.4 We do not believe this to be the case and hope that the above photograph shows this to be the
case.
4.5 As a result, we would respectfully request that the Local Review Body reconsider this Refusal
Notice and grant both the planning and listed building consents for this project.
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0
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SCALE
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14.09.21
NOTE:
All proprietary goods and materials are to be fitted in accordance
with manufacturer's instructions, Codes of Practice and British Standards.
All dimensions to be verified by the Contractor on site.
Only Scale for Planning purposes, work to figured dimensions only.
This drawing remains the Copyright of Fouin+Bell Architects Ltd. and may
not be reproduced in whole or in any part without prior written permission.
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4(i)(b)
LRB-2022-03   
LRB-2022-03
21/01504/FLL – Erection of boundary wall, West Lodge
Caravan Park, Comrie, Crieff 
PLANNING DECISION NOTICE 
REPORT OF HANDLING 
REFERENCE DOCUMENTS (part included in
applicant’s submission, pages 25-28) 
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Page 1 of 3
Tri Scotland Ltd
c/o Fouin + Bell Architects Ltd
Fouin Bell
1 John's Place
Edinburgh
EH6 7EL
Pullar House
35 Kinnoull Street
PERTH  
PH1  5GD
Date of Notice:18th November 2021
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT
Application Reference: 21/01504/FLL
I am directed by the Planning Authority under the Town and Country Planning (Scotland)
Acts currently in force, to refuse your application registered on 22nd September 2021 for
Planning Permission for Erection of boundary wall West Lodge Caravan Park Comrie
Crieff PH6 2LS 
David Littlejohn
Head of Planning and Development
Reasons for Refusal
1.  The proposed demolition of the existing wall and the realignment of the boundary would
have an adverse impact on the character and visual amenity of the site. The wall relates to
the category C listed Lawers West Lodge and is therefore also listed. Its demolition would
result in the loss of historic fabric and an adverse impact on the character and setting of the
associated listed buildings. The proposal is therefore contrary to Policy 27A of the Perth
and Kinross Local Development Plan 2 (2019), which seeks to ensure that the architectural
and historic interest of listed buildings is protected; and Policy 1A of the Perth and Kinross
Local Development Plan 2 (2019) which seeks to ensure that all new developments
respect the character and amenity of the area concerned. 
Justification
The proposal is not in accordance with the Development Plan and there are no
material reasons which justify departing from the Development Plan.
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2
Notes
The plans and documents relating to this decision are listed below and are
displayed on Perth and Kinross Council’s website at www.pkc.gov.uk “Online
Planning Applications” page
Plan Reference
01
02
03
04
05
06
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REPORT OF HANDLING 
DELEGATED REPORT 
Ref No 21/01504/FLL
Ward No P6- Strathearn
Due Determination Date 21st November 2021 
Draft Report Date 17th November 2021
Report Issued by DB Date 17th November 2021 
PROPOSAL: Erection of boundary wall    
LOCATION:  West Lodge Caravan Park Comrie Crieff PH6 2LS 
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. 
SITE VISIT: 
In line with established practices, the need to visit the application site has been
carefully considered by the case officer.  The application site and its context have
been viewed by a variety of remote and electronic means, such as aerial imagery
and Streetview, in addition to photographs submitted by interested parties. 
This information has meant that, in this case, it is possible and appropriate to
determine this application without a physical visit as it provides an acceptable basis
on which to consider the potential impacts of this proposed development. 
SITE  PHOTOGRAPHS 
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BACKGROUND AND DESCRIPTION OF PROPOSAL 
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West Lodge Caravan Park is located to the north-east of Comrie, on the north side of
the A85 trunk road. It contains a mix of seasonal pitches and static caravans, with
the site office/ reception located in West Lodge, a category C listed building. West
Lodge was historically the gate lodge for the western entrance to Lawers House, a
category A listed building. 
The original stone boundary at the south of the site is set back from the road, with
substantial stone gate piers at the main entrance and adjacent to West Lodge.
Planning permission is sought to construct a new boundary wall further to the south.
Work has commenced on site, although the proposals set out in the current
application differ from the work that has been carried out to date. A previous
application for a new boundary wall was recently refused (21/00488/FLL). 
The existing boundary wall is listed due to its association with West Lodge. An
accompanying application for listed building consent has been submitted for its
demolition (21/01659/LBC). 
SITE HISTORY 
21/00488/FLL Erection of boundary wall 23 June 2021 Application Refused 
21/01659/LBC Alterations to boundary wall  Application Pending Consideration 
PRE-APPLICATION CONSULTATION 
Pre application Reference: Not applicable 
NATIONAL POLICY AND GUIDANCE 
The Scottish Government expresses its planning policies through The National
Planning Framework, the Scottish Planning Policy (SPP), Planning Advice Notes
(PAN), Creating Places, Designing Streets, National Roads Development Guide and
a series of Circulars.   
DEVELOPMENT PLAN 
The Development Plan for the area comprises the TAYplan Strategic Development
Plan 2016-2036 and the Perth and Kinross Local Development Plan 2 (2019). 
TAYplan Strategic Development Plan 2016 – 2036 - Approved October 2017 
Whilst there are no specific policies or strategies directly relevant to this proposal the
overall vision of the TAYplan should be noted.  The vision states “By 2036 the
TAYplan area will be sustainable, more attractive, competitive and vibrant without
creating an unacceptable burden on our planet. The quality of life will make it a place
of first choice where more people choose to live, work, study and visit, and where
businesses choose to invest and create jobs.” 
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.
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The principal policies are: 
Policy 1A: Placemaking   
Policy 1B: Placemaking   
Policy 27A: Listed Buildings   
Policy 60B: Transport Standards and Accessibility Requirements: New Development
Proposals 
OTHER POLICIES 
Historic Environment Policy for Scotland 2019 
This policy supersedes the Historic Environment Policy Statement 2016 and
provides guidance to planning authorities on decision-making where it will affect the
historic environment. 
Managing Change in the Historic Environment: Boundaries (HES, 2010) 
This guidance note sets out the principles that apply to altering historic boundary
treatments, which are important elements in defining the character of historic
buildings and areas. 
CONSULTATION RESPONSES 
Transport Planning: No comment or objection 
Transport Scotland: A holding response was submitted requesting additional
information. 
REPRESENTATIONS 
No representations were received. 
ADDITIONAL STATEMENTS 
Screening Opinion  EIA Not Required
Environmental Impact Assessment (EIA):
Environmental Report
Not applicable
Appropriate Assessment AA Not Required
Design Statement or Design and Access
Statement
Not Submitted
Report on Impact or Potential Impact eg Flood
Risk Assessment
Not Required 
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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 for the
area comprises the approved TAYplan and the adopted LDP2. 
In this instance, section 14(2) of the Planning (Listed Buildings and Conservation
Areas) (Scotland) Act 1997 places a duty on planning authorities in determining such
an application as this to have special regard to the desirability of preserving the
building or its setting or any features of special architectural or historic interest which
it possesses.  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 
The Historic Environment Scotland guidance on boundaries states that when
planning works to historic boundaries it is important to understand and protect their
key characteristics. The boundary wall, gatepiers and trellis at West Lodge are
significant, highly visible elements of the character of the listed building which will be
either lost or subject to the adverse visual impact of the new boundary wall, which
projects in front of the listed building. No justification for the proposed demolition has
been provided. The direct adverse impact on the listed building means that the
proposal is contrary to Policy 27B of the adopted Local Development Plan 2 (2019). 
Prior to the commencement of works on the site, the caravan park had a pleasant
setting in spite of its proximity to the A85, being set back from the road with mature
trees, green space and a woodland backdrop. The loss of the grass verge, trees,
hedge and shrub planting at the south of the site along with the loss of the historic
boundary wall will have an adverse impact on the character and visual amenity of the
caravan park and its setting, and is contrary to the placemaking policies (Policies 1A
and 1B of the Local Development Plan 2) which require development to contribute
positively to the quality of the surrounding built and natural environment.   
The loss of the verge along with the potential impact on visibility when entering and
leaving the site has not been fully explained within the current submission and the
proposal is therefore contrary to Policy 60B, which requires developers to include
consideration of the impact of proposals on the local and strategic transport network,
and to design changes for the safety and convenience of all potential users. 
Design and Layout 
West Lodge Caravan Park is located on the north side of the A85 on the main route
to Comrie from Crieff. 
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The proposal seeks to erect a new 1-metre-high stone boundary wall at the southern
edge of the site on the east side of the existing central vehicular access, adjacent to
the road carriageway. The extent of the proposed boundary has been amended from
the previously refused proposal to avoid blocking the existing core path CMRI/ 140
and to retain the existing gate piers and trellis/ dwarf wall at West Lodge. Although
outwith the scope of the current application, it is proposed to reinstate the wall to the
west side of the existing central access, which has recently been demolished.   
The remaining stone boundary wall along the south of the site, which is protected by
the listing of West Lodge, is to be substantially demolished. While the application
documents state that the new wall is to be built using reclaimed stone from the
existing wall, the new wall is over 5 metres longer, and no explanation is given as to
how the shortfall will be made up.     
Residential Amenity 
The application is not considered to raise any concerns in relation to residential
amenity. 
Landscape and Visual Amenity 
The proposal is considered to have an adverse impact on visual amenity and the
landscape setting of West Lodge due to the loss of the historic boundary wall, and
the realignment of the boundary close to the road, which removes the existing grass
verge and hedge/ shrub planting and projects across the front of the listed building,
encroaching on the principal view from the west. 
Roads and Access 
Transport Scotland have not formally objected to the proposal but requested
additional information before being able to formally comment. In order to assess the
acceptability of the proposals, the applicant would be required to undertake a Road
Restraint Risk Assessment Process (RRRAP) for the boundary wall in accordance
with CD 377 - Requirements for road restraint systems of the Design Manual for
Roads and Bridges (DMRB), and to demonstrate in the form of a fully dimensioned
drawing that the section of wall between the existing accesses on the A85 trunk road
does not impede visibility from either access. 
Transport Scotland also advised that the new “Welcome” sign that has recently been
erected (which does not form part of the current application) should be relocated
away from the trunk road verge.  
Drainage and Flooding 
The application is not considered to raise any concerns in relation to drainage and
flooding. 
Conservation Considerations 
West Lodge is a category C listed building, with the adjacent square gate piers and
trellis screen noted in the list description. The boundary wall proposed for demolition
is historically related to both West Lodge and the category A listed Lawers House to
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the north-east. The impact of the proposals has been considered in line with the
relevant policies as set out above. 
Natural Heritage and Biodiversity 
The proposed works are considered to have an adverse impact on natural heritage
and biodiversity due to the loss of mature trees and shrubs. No compensatory
planting has been proposed.   
Developer Contributions 
The Developer Contributions Guidance is not applicable to this application and
therefore no contributions are required in this instance. 
Economic Impact 
Not applicable. 
VARIATION OF APPLICATION UNDER SECTION 32A 
This application has not been 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 
In conclusion, the application must be determined in accordance with the adopted
Development Plan unless material considerations indicate otherwise. In this respect,
the proposal is not considered to comply with the approved TAYplan 2016 and the
adopted Local Development Plan 2 (2019).  I have taken account of material
considerations and find none that would justify overriding the adopted Development
Plan. On that basis the application is recommended for refusal. 
Conditions and Reasons 
1. The proposed demolition of the existing wall and the realignment of the
boundary would have an adverse impact on the character and visual amenity
of the site. The wall relates to the category C listed Lawers West Lodge and is
therefore also listed. Its demolition would result in the loss of historic fabric
and an adverse impact on the character and setting of the associated listed
buildings. The proposal is therefore contrary to Policy 27A of the Perth and
Kinross adopted Local Development Plan 2 (2019), which seeks to ensure
that the architectural and historic interest of listed buildings is protected; and
Policy 1A of the Perth and Kinross adopted Local Development Plan 2 (2019)
which seeks to ensure that all new developments respect the character and
amenity of the area concerned.
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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 
Not Applicable. 
Procedural Notes 
Not Applicable. 
PLANS AND DOCUMENTS RELATING TO THIS DECISION 
01
02
03
04
05
06 
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4(i)(c)
LRB-2022-03   
LRB-2022-03
21/01504/FLL – Erection of boundary wall, West Lodge
Caravan Park, Comrie, Crieff 
REPRESENTATIONS 
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Comments to the Development Quality Manager on a Planning Application
Planning
Application ref.
21/01504/FLL Comments
provided by
Dean Salman
Development Engineer
Service/Section Transport Planning Contact
Details
Description of
Proposal
Erection of boundary wall
Address of site West Lodge Caravan Park
Comrie
Crieff
PH6 2LS
Comments on the
proposal
Insofar as the Roads matters are concerned, I have no objections to this
proposal.
Recommended
planning
condition(s)
Recommended
informative(s) for
applicant
Date comments
returned  12 October 2021
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CDS Planning Local Review Body
From:
Sent: 03 March 2022 09:27
To: CDS Planning Local Review Body
Cc:
Subject: RE: LRB-2022-03
Follow Up Flag: Follow up
Flag Status: Flagged
CAUTION: This email originated from an external organisation. Do not follow guidance, click links, or open
attachments unless you have verified the sender and know the content is safe.
Dear Lisa,
Thank you for advising Transport Scotland that the decision on this planning application is to be
reviewed by the Perth and Kinross Local Review Body. On this matter, Transport Scotland has no
further representations to make. We would however advise that the additional information
requested in our email correspondence to Perth and Kinross Council dated 20 October 2021 has
not been provided by the applicant and therefore remains outstanding.
Regards
a
Shaun Phillips
Roads Directorate
Transport Scotland
Buchanan House
58 Port Dundas Road
Glasgow
G4 0HF
For agency and travel information visit our website
Please see our privacy policy to find out why we collect personal information and how we use it
__________________________________________________
Transport Scotland, the national transport agency
C�mhdhail Alba, buidheann n�iseanta na c�mhdhail
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CDS Planning Local Review Body
From: David  Bell <David.Bell@fouin-bell.com>
Sent: 04 April 2022 12:42
To: CDS Planning Local Review Body
Cc:
Subject: LRB appeal, West Lodge Caravan Park, Comrie
Follow Up Flag: Follow up
Flag Status: Flagged
Audrey
Sorry of the slight delay in responding to your email of 18 March 2022.   We can confirm that the items referred to in
the attached email from Transportation dated 20 October 2021, were all dealt with in our revised applications
21/01504/FLL and 21/01659/LBC which was submitted on 24 August 2021.  Clearly they are referring to the original
submission which was refused on a variery of grounds including comments from Transportation.  These were all
addressed in the subsequent application and this was confirmed by planning at the time.   These items are therefore
not outstanding and are not anything to do with the current LRB appeal.
Regards
David
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