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Item 4(i) LRB-2022-11

Perth and Kinross Council · 11 July 2022
Back to Local Review Body — 11 July 2022 and its agenda

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4(i)
LRB-2022-11   
LRB-2022-11
21/01973/FLL - Erection of a dwellinghouse land 50
metres south west of Leighland Stables, Mawcarse
Crossroads, Mawcarse 
INDEX 
(a) Papers submitted by the Applicant (Pages 9-32) 
(b) Decision Notice (Pages 35-36) 
Report of Handling (Pages 37-45) 
Reference Documents (Pages 29-32) 
(c) Representations (Pages 47-68) 
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4(i)(a)
LRB-2022-11   
LRB-2022-11
21/01973/FLL - Erection of a dwellinghouse land 50
metres south west of Leighland Stables, Mawcarse
Crossroads, Mawcarse 
PAPERS SUBMITTED
BY THE
APPLICANT 
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4(i)(b)
LRB-2022-11   
LRB-2022-11
21/01973/FLL - Erection of a dwellinghouse land 50
metres south west of Leighland Stables, Mawcarse
Crossroads, Mawcarse 
PLANNING DECISION NOTICE 
REPORT OF HANDLING 
REFERENCE DOCUMENTS (included in
applicant’s submission, pages 29-32) 
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REPORT OF HANDLING 
DELEGATED REPORT 
Ref No 21/01973/FLL
Ward No P8- Kinross-shire
Due Determination Date 31st December 2021 
Draft Report Date 7th January 2022
Report Issued by JW Date 7 Jan 2022 
PROPOSAL:  Erection of a dwellinghouse    
LOCATION:  Land 50 Metres South West Of Laighland Stables Mawcarse
Crossroads Mawcarse  
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 
Full planning permission is sought for the erection of a dwellinghouse at Laighland
Stables, Mawcarse Crossroads.  The application site is currently occupied by a
gypsy traveller caravan which as granted planning permission in 2014
(14/00055/FLL).  A total of two caravan were approved by the 2014 permission. 
The application site is located on the south side of the A91, approximately 2 km to
the north east of Milnathort. The application site is situated in a rural location with
open land to the south, west and east boundaries and the public road directly to the
north. A gas pipeline runs through part of application site in a north to south
direction. 
An application to extend the gypsy traveller site to the south was refused in 2020
(20/00114/FLL) due to the sites location within the consultation zone of a pipeline
and concerns expressed by the Health and Safety Executive regarding the proximity
to the high pressure gas pipeline.  The proposal seeks to replace the existing
caravan with a permanent dwellinghouse.  The dwelling is proposed to be 1.5 stories
in height with the upper level accommodation served by dormer windows.  The
finishing materials include concrete tiles on the roof, smooth white render and a
stone base course on the walls.  The house is proposed to accommodate a
dining/kitchen, utility room, two bedrooms and integral double garage at ground floor
level and a lounge and two bedrooms at first floor level.  The house is proposed to
be located close to the south west boundary of the site.  The application site is
bound partly by conifer planting.  Access is proposed to be taken from the existing
access onto the A91. 
SITE HISTORY 
14/00055/FLL Formation of permanent gypsy/traveller site and associated works
(part retrospective) on 6 January 2015 Application Refused
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21/01375/FLL Erection of a dwellinghouse 19 October 2021 – Application Returned 
PRE-APPLICATION CONSULTATION 
Pre application Reference: None 
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. 
The principal policies are: 
Policy 1A: Placemaking   
Policy 1B: Placemaking   
Policy 6: Settlement Boundaries   
Policy 19: Housing in the Countryside   
Policy 21A: Gypsy/Traveller Sites:  Existing Sites 
Policy 46A: Loch Leven Catchment Area   
Policy 46B: Loch Leven Catchment Area   
Policy 53B: Water Environment  and Drainage: Foul Drainage 
Policy 53C: Water Environment  and Drainage: Surface Water Drainage 
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Policy 53E: Water Environment  and Drainage: Water Supply 
Policy 54: Health and Safety  Consultation Zones 
Policy 60B: Transport Standards and  Accessibility Requirements: New Development
Proposals 
OTHER POLICIES 
Housing in the Countryside Supplementary Guidance 2020 
Developer Contribution and Affordable Housing Supplementary Guidance 2020 
CONSULTATION  RESPONSES 
INTERNAL 
Environmental Health (Private Water) – no objection 
Transport Planning – no objection 
Development Contributions Officer – contribution required 
Environmental Health (Contaminated Land) – no objection 
EXTERNAL 
National Grid Plant Protection Team – no objection 
HSE – does not advice against permission 
REPRESENTATIONS 
None received 
ADDITIONAL STATEMENTS 
Screening Opinion  EIA Not Required
Environmental Impact Assessment (EIA):
Environmental Report
Not Required
Appropriate Assessment Habitats Regulations AA Not
Required
Design Statement or Design and Access
Statement
Not Required
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. 
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. 
Principle 
The Perth and Kinross Local Development Plan 2019 (LDP2) through Policy 6 -
Settlement Boundaries 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 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 houses or groups of houses
which fall within the six identified categories will be supported. The Council will
support proposals for the erection, or creation through conversion, of single houses
and groups of houses in the countryside which fall into at least one of the following
categories as outlined within the Supplementary Guidance (SG) 
o Building Groups
o Infill site
o New houses in the open countryside on defined categories of sites as set out
in section 3 of the Supplementary Guidance
o Renovation or replacement of houses
o Conversion or replacement of redundant non-domestic buildings
o Development on rural brownfield land 
The only categories which may be applicable to this development are category 1
Building Groups and Category 4 Renovation or Replacement of Houses.  None of
the remaining criterion are considered to be relevant to this proposal.   
In terms of category 4 relating to the replacement of houses; whilst the proposal
involves the removal and replacement of a gypsy traveller caravan, the replacement
of these units with a dwellinghouse is not catered for in the SG.  The caravan was
not approved as a dwellinghouse under the House in Countryside Policy in 2014 but
rather it was approved solely as a gypsy traveller caravan under the gypsy traveller
policy of the Local Development Plan in 2014.   Whilst the caravan is a residence it is
a temporary, moveable structure and is therefore not considered to meet the
definition of a dwellinghouse for the purposes of the Housing in the Countryside
Guide.  Therefore category 4 of the SG is not applicable in this instance. 
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In terms of category 1, building groups, an existing building group is defined as 3 or
more buildings of a size at least equivalent to a traditional cottage, where they are for
residential and/or business/agricultural nature.   
The supplementary guidance, "The Housing in the Countryside Guide" which was
adopted by the Council in 2020 assists in the assessment of the Policy 19.  This
highlights that: 
Permission may be granted, subject to the criteria above, for houses which extend
the group into a readily definable adjacent site. This will be formed by existing
topography, roads or well-established existing landscape features such as a
watercourse or mature tree belt which will provide a suitable setting. 
The SG also makes it clear what can be defined as a building group and states that
a "building group is defined as 3 or more existing buildings of a size at least
equivalent to a traditional cottage and which, when viewed within their landscape
setting, appear as a group.  The majority of the buildings in the group should either
be residential or be suitable for conversion to residential under Category 5 of this
guidance.  Premises which are smaller than a traditional cottage, such as domestic
garages and outbuildings, will not count towards the requirement for at least 3
buildings."  The SG also requires new housing to respect the character, scale and
form of the existing group and that development should be integrated into the
existing layout and building pattern. 
In this instance the site is occupied by a caravan.  To the south of the site, outwith
the red line boundary, is what appears to be a storage building and further caravans
and other small storage buildings which do not have scope to be converted into
housing.  The site cannot be defined as a building group as outlined within the SG. 
Therefore the proposal also fails to meet the criteria outlined within the building
groups category of the SG. 
The proposal is therefore contrary to Policy 19 of the Perth and Kinross Council
Local Development Plan 2 (2019) and the associated Housing in the Countryside
Supplementary Guidance 2020. 
Design and Layout 
The Housing in the Countryside Guide 2020 includes detailed siting criteria which
require to be considered in any proposal and these criteria are echoed by the
requirements of Policy 1A and B of the LDP2 which relate placemaking.  Overall, the
policies require new development to reflect its surroundings in terms of scale,
landscape character and design.  The is proposed dwelling is to have a relatively
suburban appearance and is of no significant architectural quality.  There are similar
designed dwellinghouses located to the south west of the site at Mawcarse
Crossroads and as such the general design, scale and form of the dwelling ties in
with the established character of the area.  The finishing materials include concrete
tiles and smooth render, both of which are prevalent in the area and whilst not of
particularly high quality are considered to be acceptable.  Furthermore, the site is
currently occupied by a gypsy traveller caravan and the proposed dwelling, whilst
larger than the caravan is not considered to be of any significant visual impact in
comparison to the caravan.  The layout of the site will remain similar to the existing
site layout, using the same access and is therefore considered to be acceptable. 
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The proposal in terms of design and layout is therefore considered to comply with
the LDP2. 
Residential Amenity 
The position, scale and orientation of the house is considered to be acceptable.  The
windows are orientated and positioned to ensure there is no overlooking to
neighbouring properties.  There is also sufficient garden ground to serve the
proposed dwelling.   
Traffic and Transport 
Policy 60B of the LDP2 seeks to ensure that development sites are readily
accessible by all modes of transport in particular walking, cycling and public
transport.  The site is proposed to be served by the existing access which serves the
caravan.    On that basis the proposal is considered to comply with policy 60B of the
LDP2. 
Drainage 
Whilst the existing permission on this site included conditions relating to phosphorus
mitigation it has now been concluded, after extensive discussions with SEPA, that
the application site is located outwith the Loch Leven Catchment Area.  This matter
was queried with SEPA on two separate occasions and they have now stated,
categorically, that whilst the site is located close to the boundary of the catchment
area, it is located outwith the catchment area.  SEPA state "Our review of the
hydrometric area indicates the site is not in the Loch Leven catchment".  As such
there is no requirement to meet the criteria outlined in policies 46A and B of the
LDP2.  The proposed house is to connect into the existing drainage network on the
site which is considered to be acceptable and in accordance with policy 53B and the
drainage criteria outlined in policy 21B of the LDP2. 
Ecology and Trees 
There are no trees on the site and the site is currently all hardstanding.  As such
there is not considered to be any impact on ecology. 
Pipeline 
The site is located within the consultation zone of a high pressure pipeline.  The
Health and Safety Executive have been consulted on the proposal and do not advise
against the granting of planning permission. 
Developer Contributions 
The Council Developer Contributions Supplementary Guidance requires a financial
contribution towards increased primary school capacity in areas where a primary
school capacity constraint has been identified. A capacity constraint is defined as
where a primary school is operating at over 80% and is likely to be operating
following completion of the proposed development, extant planning permissions and
Local Development Plan allocations, at or above 100% of total capacity. 
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This proposal is within the catchment of Milnathort Primary School where a capacity
constraint has been identified.  A contribution of £5164 is therefore required. 
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  
There have been no variations to the application. 
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 adopted
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 adopted Development Plan. 
Accordingly the proposal is refused on the grounds identified below. 
Reason for Refusal 
The proposal is contrary to Policy 19 Housing in the Countryside of the Perth and
Kinross Council Local Development Plan 2 (2019) and the associated Housing in the
Countryside Supplementary Guidance 2020 (SG) as the site is not part of an existing
building group as defined by the SG and does not involve the replacement of a
dwellinghouse as defined within the SG.  The proposal also fails to meet any of the
other categories of development outlined in the SG. 
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 
None 
Procedural Notes 
Not Applicable. 
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PLANS AND DOCUMENTS RELATING TO THIS DECISION 
01 
02 
03 
04 
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4(i)(c)
LRB-2022-11   
LRB-2022-11
21/01973/FLL - Erection of a dwellinghouse land 50
metres south west of Leighland Stables, Mawcarse
Crossroads, Mawcarse 
REPRESENTATIONS 
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