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Item 4(v) LRB-2022-15

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

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4(v)
LRB-2022-15   
LRB-2022-15
22/00203/FLL – Siting of holiday accommodation unit
and sauna unit (in retrospect), land 145 metres north
east of Kirkmichael Hotel, Main Street, Kirkmichael 
INDEX 
(a) Papers submitted by the Applicant (Pages 239-266) 
(b) Decision Notice (Pages 269-270) 
Report of Handling (Pages 247-253) 
Reference Documents (Pages 259-265) 
(c) Representations (Pages 271-318) 
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4(v)(a)
LRB-2022-15   
LRB-2022-15
22/00203/FLL – Siting of holiday accommodation unit and
sauna unit (in retrospect), land 145 metres north east of
Kirkmichael Hotel, Main Street, Kirkmichael 
PAPERS SUBMITTED
BY THE
APPLICANT 
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REPORT OF HANDLING
DELEGATED REPORT
Ref No 22/00203/FLL
Ward No P3- Blairgowrie And Glens
Due Determination Date 6th April 2022 
Draft Report Date 22nd March 2022
Report Issued by AMB Date 23nd March 2022
PROPOSAL: Siting of holiday accommodation unit and sauna unit (in
retrospect)
LOCATION: Land 145 Metres North East Of Kirkmichael Hotel, Main
Street, Kirkmichael 
SUMMARY:
This report recommends refusal of a partly retrospective detailed planning application
for the siting of a holiday accommodation unit and an associated sauna on a rural site
near the Kirkmichael Hotel 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.
BACKGROUND AND DESCRIPTION OF PROPOSAL
This planning application seeks to obtain retrospective approval for the siting of a
holiday accommodation unit, and an associated detached sauna building on a rural site
to the rear of the Kirkmichael Hotel. The main unit is a shepherd’s hut, caravan style
unit and the sauna a small timber structure. 
Both the units are onsite at present; however this planning application proposes to
relocate the sauna from its current position. 
This application is essentially a re-submission of a recent refused application
(21/01856/FLL) with the key differences being new landscaping / planting being
introduced, and the movement of the position of the sauna. 
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SITE HISTORY
A detailed planning application for the siting of holiday accommodation unit and sauna
unit (in retrospect) was refused earlier this year (21/01856/FLL). 
There has also been enforcement interest in the development. 
PRE-APPLICATION CONSULTATION
None undertaken. 
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. 
This is a fairly minor proposal which does not raise any specific issues with national
planning policy or guidance, however the principle of rural diversification and promoting
tourist opportunities are supported by the SPP.
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 site is located with the landward area of the LDP2, where the following policies are
applicable,
Policy 1A: Placemaking 
Policy 1B: Placemaking 
Policy 5: Infrastructure Contributions 
Policy 8: Rural Business and Diversification
Policy 47: River Tay Catchment Area 
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OTHER COUNCIL POLICIES
Placemaking Guide 2020
This is the most recent expression of Council policy towards Placemaking Standards.
Developer Contributions and Affordable Housing 2020
This is the most recent expression of Council policy towards Developer Contributions.
EXTERNAL CONSULTATION RESPONSES
None undertaken.
INTERNAL COUNCIL COMMENTS
Environmental Health have commented on the proposal in terms of private water,
noise, odours etc and have no objections, subject to informative notes being attached
to any permission. There is however a concern that the proposal would not meet the
minimal requirements for a caravan site licence.
Transport Planning have commented on the proposal and have raised no objections
in terms of access or parking related matters.
REPRESENTATIONS
18 letters of representations have been received, of which 6 are raising an objection
and 12 are in support of the proposal. 
In terms of the objections, the main issues raised are, 
 Lack of a proper vehicular access
 Impact on the visual amenity of the area
 Overlooking
These issues are addressed in the main appraisal section below.
In terms of the letters of support, these comment on the benefits that the development
would bring economically, that the proposal fits in well with the landscape, would result
in environmental improvements and that the proposal is in accordance with the
Development Plan and other national policies. 
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
Supporting statement
submitted.
Report on Impact or Potential Impact  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 terms of other material considerations, consideration of the Council’s SPG’s on
Placemaking and also Developer Contributions are material considerations.
Policy Appraisal
The site is located within the landward area of the LDP2, where Policies 1
(placemaking) and 8 (rural business) would be directly applicable to this proposal.
Policy 1 seeks to ensure that all new proposals do not have an adverse impact on the
area in which they are located, whilst Policy 8 offers support for new rural business
diversifications in suitable locations.
Policy 47 (River Tay) of the LDP2 also seeks to ensure that the water quality of the river
is protected.
Policy 9B (caravans sites) of the LDP2 should also be acknowledge, however the
contents of this policy are more aimed at ‘sites’ as opposed to the siting of individual
caravans.
Land Use
Within the representations it has been suggested that that there is not a clear
diversification case for this proposal as the applicant is not the owner of the Kirkmichael
Hotel but is just a tenant of the hotel. Whether or not this is the case, there could still be
an argument for a diversification of the hotel by an interested party (i.e.,
occupier/tenant), but in this case the lack of a good, established landscape framework
is more of a concern. The relocation of the sauna does address the concerns which
were raised for the previous applications.
To this end, it remains the case that this site does not have a good existing landscape
framework. Implementing new landscaping and planting (as proposed here) and
creating a new landscape framework, is not an acceptable arrangement. New holiday
accommodation can be occasionally acceptable on sites which are perhaps not as well
contained as residential sites; however, this site appears to be extremely open with only
the northern boundary having a degree of containment. 
The amended sauna location does not alter this position. 
Ultimately, the placement of the accommodation unit and sauna would not be suitably
contained within the existing landscape – based on the pictures submitted by the
applicant, and also images from Google. The lack of an established landscape setting
has also been raised within the letters of representations also.
The proposal, notwithstanding the amendment to the sauna location, remains contrary
to Policy 1B (b) which requires all proposals to respect (existing) site topography, Policy
1A which requires all proposals to be sited in a way which respects the character and
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amenity of the area concerned and Policy 8 (d) which seeks all new proposal to be
satisfactory accommodated within the landscape.
Visual, Design and Layout
In isolation, the accommodation unit and detached sauna are generally acceptable in a
rural location – subject to controls over their appearance. 
However, the lack of an established landscaping setting remains a cause of concern.
The amended location of the sauna does not change this position and issues regarding
the site containment. 
Residential Amenity
A concern has been raised within the letters of representations that there would be an
adverse impact on existing residential amenity, if this development was to be advanced.
Whilst there are residential properties in the area, the distances involved between the
proposed unit and the existing properties are in line with the standards set out in the
Placemaking Guide. To this end, direct impact to a level which is to the detriment of the
neighbour’s residential amenity is not expected.
Roads and Access
There is no vehicular access to the site.
Parking is available at the local hotel, and visitors to the accommodation will walk to the
site. In terms of Transport Planning position, this is acceptable.
This arrangement could however be problematic for the requirements of a licencing
application for a caravan site, and the local fire brigade officer has previously raised
concerns regarding the ability of a fire engine to get to the site – however these issues
are not planning consideration but may be relevant to the requirements of building
standards and / or licencing applications.
Drainage and Flooding
The proposal raises no issues in terms of drainage or flooding issues.
The accommodation uses a composting toilet, and there are no fixed connections
associated with the sauna.
The area is also not at risk from flooding.
Private Water
There is private water infrastructure in the area. Environmental Health have commented
on the proposal and suggested an informative note should be attached to any
permission.
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Conservation Considerations
The proposal does not impact on any listed building, conservation area or local
archaeology.
Natural Heritage and Biodiversity
The proposal will have little impact on the biodiversity of the area.
The site is located within the River Tay catchment area, however as the site is more
than 30m from any water and there is no fixed drainage there is not likely to be any
impact on the River Tay and the interests of the SAC.
Developer Contributions
Affordable Housing
As the proposal is for a single holiday unit, there is no requirement for any affordable
housing provision.
Primary Education
As the proposal is for a single holiday unit, there is no requirement for any developer
contribution in relation to Primary Education.
Transport Infrastructure
The site is located outwith the catchment area for Transport Infrastructure contributions.
A9 Junction Improvements
The site is located outwith the catchment area for A9 Junction Improvements.
Economic Impact
The proposal could have a positive impact on the local economy, albeit a local one.
VARIATION OF APPLICATION UNDER SECTION 32A 
The application has not been varied. 
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 adopted Development Plan.
Accordingly the proposal is refused on the grounds identified below.
The site does not have an acceptable existing landscape setting which is capable of
absorbing the development proposed, and the site is not suitably contained by existing
topographical features. The proposal is therefore contrary to Policies 1A (Placemaking),
1B(b) (Placemaking) and Policy 8(d) (rural business and diversification) which all
require suitable new sites to be well contained and have the necessary landscape
capacity to accommodate the development proposed. 
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, refusal recommended. 
Procedural Notes
Not Applicable.
PLANS AND DOCUMENTS RELATING TO THIS DECISION
01 – 06 (inclusive)
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DESIGN STATEMENT
Shepherd’s Hut and Sauna
at land behind the Kirkmichael Hotel
Planning application reference 21/01856/FLL
The proprietor of the Kirkmichael Hotel received of a letter reference 21/00085/ALNDV on the
28 September 2021. My instructions were given on 8th October 2021. It is noted that a
planning application had to be submitted by 25th October 2021 and was submitted and
registered on 8th November 2021.
The Shepherd’s Hut was installed about two years ago and the sauna was added in the last
12 months; they are let together as a unit.
The Shepherd’s hut is off grid with a composting toilet; the water for the shower is pumped up
from the burn. Effluent is collected and disposed appropriately offsite. Heating and domestic
hot water are heated by electricity from the PV array and stored in batteries located below the
PV unit. The sauna is also off grid
There is no vehicular access to the site and guests are provided with a wheelbarrow to
transport their luggage to the site.
Planning consent is sought to continue the existing use as a holiday let being part of the
Kirkmichael Hotel business. The Kirkmichael Hotel affectionately called the ‘Kirky’ has carried
on all through the current pandemic opening in whatever way has been permitted either in the
hotel or in a gazebo and letting rooms. Its takeaways advertised through the community
Newsgroup have been a lifeline to some in a comparatively isolated area.
However running such a business is challenging and seeking diversification such as the
Shepherd’s Hut is necessary to survive.
It is not immediately obvious to those not qualified that a Shepherd’s Hut requires Planning
Consent and if it is on wheels such as this one; it would not require consent if it was moved as
traditional shepherd’s huts were. However this shepherd’s hut is stationary and is used as
part of a an established holiday/hospitality enterprise; as such an application would be
required but would be within policy.
Siting of the Shepherd’s Hut is not visible from any nearby houses so it does not impinge on
any residential amenity. 
There are no traffic implications there being no vehicular access; guests can park in the hotel
car park adjacent to the access at the road end.
-----------------------------------------
This application was refused on the grounds of lack of an established landscape setting in
order to address landscaping has been added to the revised Block Plan 542/03 and consists
of:
Mixed informal native shrub planting (7.5l pot grown|); 3 of each hazel, holly, spindle, juniper
and Viburnum opulus
Tree planting minimum 2m standards properly staked and protected
3 of each Birch, Rowan, Gean, Field Maple
(Acer campestre) and Wayfaring Tree (Viburnum lantana)
It is proposed to reposition the sauna closer to the Shepherd’s Hut between the Hut and the
boundary dyke within the planting to make the area more compact and reduce visual impact.
It is also proposed to repaint the Shpherd’s hut grey so that it does not stand out in the
landscape. 
--------------------------------------------
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There is precedent for similar holiday accommodation planning consent reference
19/00734/FLL dated 15.07.2019 for two holiday chalet units on adjacent Borland Farm on an
open site with tree planting and screening included in the scheme, some 400m distance from
this site. 
--------------------------------------------
.
John Manning   Chartered Architect
RIAS Accreditation in Sustainable Design
RIAS Accreditation in Conservation Architecture
Dirnanean   Enochdhu   Blairgowrie   Perthshire   PH10 7PD
Tel +44(0)1250 881400  
E-Mail   jm@johnmanningarchitect.co.uk
ref  542DS02
04,02,2022
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4(v)(b)
LRB-2022-15   
LRB-2022-15
22/00203/FLL – Siting of holiday accommodation unit
and sauna unit (in retrospect), land 145 metres north
east of Kirkmichael Hotel, Main Street, Kirkmichael 
PLANNING DECISION NOTICE 
REPORT OF HANDLING (included in applicant’s
submission, pages 247-253) 
REFERENCE DOCUMENTS (included in
applicant’s submission, pages 259-265) 
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4(v)(c)
LRB-2022-15   
LRB-2022-15
22/00203/FLL – Siting of holiday accommodation unit
and sauna unit (in retrospect), land 145 metres north
east of Kirkmichael Hotel, Main Street, Kirkmichael 
REPRESENTATIONS 
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M e m o r  
To   Development Quality Manager
Your ref 22/00203/FLL
Date  18/02/2022
The Environment Service
a n d u m
From  Regulatory Service Manager
Our ref  ALS
Tel No       01738 476476
Pullar House, 35 Kinnoull Street, Perth PH1 5GD
Consultation on an Application for Planning Permission
RE: Siting of holiday accommodation unit and sauna unit (in retrospect)  Land 145 Metres
North East Of Kirkmichael Hotel Main Street Kirkmichael    for Mr Gary Norwood
I refer to your letter dated 14/02/2022 in connection with the above application and have the
following comments to make.
Water (assessment date – 18/02/2022)
Recommendation
I have no objections to the application but recommend the undernoted informative be
included in any given consent.
Comments
The development is for a holiday accommodation unit and sauna just north of Kirkmichael
hotel.  The applicant has indicated that they will use burn water to service the unit.  To
ensure the new development has an adequate and consistently wholesome supply of water
please note the following informative.  It should be noted that once the development is
operational this Service will have statutory duties detailed in the Water Intended for Human
Consumption (Private Supplies) (Scotland) Regulations 2017 to monitor the water quality. 
No public objections relating to the water supply were noted at the date above.
PWS - Informative 2
The applicant shall ensure the private water supply for the dwellinghouse/ development
complies with the Water Scotland Act 1980 (Section 63), The Private Water Supplies
(Scotland) Regulations 2006 and The Water Intended for Human Consumption (Private
Supplies) (Scotland) Regulations 2017.  Detailed information regarding the private water
supply, including the nature, location and adequacy of the source, any storage tanks/
pipework and the filtration and disinfection treatment proposed to ensure provision of an
adequate and consistently wholesome water supply shall be submitted to Perth and Kinross
Council Environmental Health in line with the above Act and Regulations.
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Mrs Nicola Miskelly (Supports)
Comment submitted date: Fri 18 Feb 2022
This comment is given in full support of the proposed plans for 2200203. The unique
aspect of the hut provides the village with an innovative variation on holiday
accommodation, it's secluded, private location is in keeping with the environment and it
provides an opportunity for visitors to enjoy the scenery and landscape that the village of
Kirkmichael pride themselves on.
Financially it can positively impact on the local area for example the village shop. It will
attract more footfall into the village and even encourage previous holiday makers back to
enjoy something different.
In short we believe that this will have a positive effect on the village.
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Mr Stephen Anderson (Supports)
Comment submitted date: Tue 22 Feb 2022
I believe this amenity to be a positive contribution to our community. It will provide work
for the village, It will encourage people to the area who may not be able to afford the
rates charged by the local Hotels. It blends in with its surroundings and is in keeping with
a largely agricultural area.
I have testimony from those who have stayed, that this accommodation has already
proven to be popular with young families who are keen to encourage their children to
connect with the natural world and who have benefited from clear and unpolluted night
skies.
So with a view to promoting this tranquil haven, I hope therefore that this application will
be considered for approval.
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Mr Shane Colgan (Supports)
Comment submitted date: Tue 22 Feb 2022
As someone who has stayed in the 'Kirky Hut' I have to commend how Eco friendly the
'Hut' is, as it is completely self sufficient with a low carbon footprint.
I was so impressed by it, that I have stayed it in several times since because of its
beautiful, quite isolated location and the fact that I was not being overlooked by any of
the properties in the village.
I feel this accommodation can only be a great asset as it must generate great tourism
revenue for the village, particularly the shop and the surrounding area which I am sure is
greatly welcomed.
I whole heartily support this application 2200203.
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M e m o r  
To Development Management & Building  
Standards Service Manager   
Your ref 22/00203/FLL
Date      25 February 2022
Communities 
a n d u m
From  Regulatory Services Manager
Our ref  DAT
Tel No       01738 476481
Pullar House, 35 Kinnoull Street, Perth PH1 5GD
Consultation on an Application for Planning Permission
22/00203/FLL RE: Siting of holiday accommodation unit and sauna unit (in retrospect)
Land 145 Metres North East Of Kirkmichael Hotel Main Street Kirkmichael for Mr Gary
Norwood
I refer to your letter dated 14 February 2022 in connection with the above application and
have the following comments to make.
Environmental Health
Recommendation 
I have no objection in principle to the application but recommend the undernoted
informative be included in any given consent.
Comments
The application is for the siting (in retrospect) of 1 unit (shepherd hut) for holiday
accommodation use on land North East of Kirkmichael Hotel, Main Street, Kirkmichael. The
plan also includes the erection (in retrospect) of a further wooden structure with flue utilised
as a sauna.
Site Licence
To reiterate my previous comments (memorandum dated 17 December 2021 in relation to
21/01856/FLL).
Given the type of unit, I would remind the applicant that this falls under the definition of a
caravan and therefore a site licence will be required. Standard model conditions are applied
to such licences and therefore the applicant is required to demonstrate how these conditions
will be met. It is my understanding that contact has already been made with the Private Water
team with regards to the water supply being from the adjacent burn and with Scottish Fire and
Rescue. The applicant is reminded that there are further requirements in relation to access,
lighting etc. and I would encourage the applicant to engage with this Service further to ensure
conditions can be met.
As such, whilst I have no objections in principle to the development, I would recommend the
following informative be attached to any given consent and consideration be given as to how
the site licence conditions will be met.
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Informative
CARAV
Part of the approved development includes 'caravans'.  The developer is advised that
caravans require to be licensed under the terms of Section 1 of the Caravan Sites and
Control of Development Act 1960 and therefore a licence application should be made
to Environmental Health.  Application forms are available at
https://www.pkc.gov.uk/article/15600/Licence-caravan-site
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Mr Andrew Brown (Supports)
Comment submitted date: Wed 02 Mar 2022
This development encourages tourism to the area and as a results improves the village
as a whole. The overall effect will benefit small businesses locally and, due to the
location of the village, businesses in the surrounding area such as Glenshee, Pitlochry
and Blairgowrie. With social media being so prominent these days, this unique style of
build will be perfectly suited for posts of the area and scenery meaning a wider audience
can see and appreciate such a beautiful village.
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Mr Andrew Housley (Supports)
Comment submitted date: Wed 02 Mar 2022
This is a chance to bring people into the area which in turn would help the local
community.
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Mr colin russell (Supports)
Comment submitted date: Wed 02 Mar 2022
I would like to voice my support for this planning application. I feel this type of holiday
accommodation should be supported as it is environmental friendly and sustainable.
Local businesses will be supported by the potential of increased trade, this at a time
where rural businesses appear to be struggling.
From a visitors point of view, the location of the accommodation is an ideal opportunity
to get back closer to nature and unwind. This would have a positive benefit on both the
physical and mental health of those choosing to stay with no detrimental affect on the
local community.
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Miss Suzanne Russell (Supports)
Comment submitted date: Wed 02 Mar 2022
Unfortunately nearly all your Reason for Comment appear to be for the negative
objections. I support this planning application as it is good to see holiday
accommodation that doesn't take housing out of use for full time residents in an area
that already struggles with affordable housing. In the time that the hut has been used I
have heard no complaints regarding it and fully support it's continued use as somewhere
for people to come and relax in a natural clean air environment.
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Mrs Donna Aitken (Objects)
Comment submitted date: Thu 03 Mar 2022
I object to the planning application for the following reasons.
Planning laws are there to prevent anyone pitching up a spare shed, tent, caravan or
shepherds hut and attaching it to the ground and ruining the countryside. Then to
proceed and let it out for holidays and charge people all without planning permission.
This kind of activity should be vigorously discouraged. Only once it came to the
authorities attention was retrospective permission sought.
In the design statement it says that the applicant is the owner of the Kirkmichael Hotel.
This is not the case, in fact the applicant does not even lease the hotel business now so
the Kirky Hut has no connection whatsoever with the hotel. To say that car parking will
be provided in the hotel car park is inaccurate and will not be the case. Also, the waste
will not be dealt with via the hotel trade waste facilities either. The statement is an
attempt to attach the Kirky Hut to an established business and pretend it is within policy.
It is intimated that a nearby application sets a precedent for this development. This is far
from accurate. The application mentioned will be seen by no one and will have two high
quality cabins in situ. Planning permission was sought from the start, conditions agreed
to and reports completed and no attempt was made to bypass the laws of the land.
Planting a few trees and bushes will make no difference to this application as it is an
eyesore and cannot be completely hidden. My impression is that supportive comments
are usually given by those who are not directly affected by the situation. If they were
perhaps their opinions would be different.
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Comments to the Development Quality Manager on a Planning Application
Planning
Application ref.
22/00203/FLL Comments
provided by
Lachlan MacLean
Project Officer – Transport Planning
Service/Section Transport Planning Contact
Details
TransportPlanning@pkc.gov.uk
Description of
Proposal
Siting of holiday accommodation unit and sauna unit (in retrospect) 
Address  of site Land 145 Metres North East Of Kirkmichael Hotel, Main Street, Kirkmichael
Comments on the
proposal
The applicant has erected a holiday accommodation unit and sauna on land
north east of the Kirkmichael Hotel.
The applicant is proposing to utilise the exiting car parking associated with
the Kirkmichael Hotel and then for guests to walk up with a wheelbarrow to
transfer their luggage to the site.
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 04 March 2022
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Mr Ken Thomson (Objects)
Comment submitted date: Sat 05 Mar 2022
Dear Planning Committee,
The hut in question sits on higher ground overlooking the village, and being visible from
our house, mars the landscape and gives the feeling of being 'overlooked'. The hut is
also not in keeping with the style of architecture in the area and, due to its prominence,
creates an inconsistency to the design and feel of the village.
There is no direct vehicle access to the property, raising the question of transportation of
luggage and belongings to the site. The only viable access, without crossing farmland, is
by the public footpath which guests are using to access the site. However, we have
witnessed a quad bike on the footpath which, we understand, was being used to service
the hut.
Parking for the holiday accommodation is advertised as being either on the 'street' or at
the Kirkmichael Hotel (which, we understand, is set to close within the next two to three
weeks). This means that additional car(s) would be parked on the main public road,
thereby reducing parking available for local residents.
In addition, we would be very concerned that by granting such retrospective planning for
the holiday accommodation, a 'pandora's box' would be opened allowing further holiday
accommodation to be built on or around the same site which would be entirely out of
keeping and create an eyesore from within the village.
We, therefore, object to this planning application.
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Mrs Petrina Menzies (Supports)
Comment submitted date: Sun 06 Mar 2022
I support this application because it brings something different into the area. It's eco
friendly because people have to park their car in the local car park and walk up to it, this
also means people booking it will not be able to have a supermarket delivering their food
for their holiday, it will make them use the community interest local shop.
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Mr Simon Winton (Supports)
Comment submitted date: Wed 09 Mar 2022
Many people have supported this application for lots of good reasons and we also
support it.
The landowner clearly is in favour, it is out of the way and would only ever bring one car
into the village, easily parked.
The Hut brings tourism without using existing housing, enhances tourism without being
in your face, but it really ticks the boxes as regards sustainability and being eco friendly.
No noise, no traffic and out of the way.
From a tourism point of view, and I am on the committee of the local Tourist Association,
we welcome this type of building giving back something and enhancing the local
community, spending locally and at the same time being eco friendly. This has become a
large part of tourism and important for all our futures with more and more people wanting
holidays with less impact on their surroundings - what is being called circular tourism,
symbiotic.
We fully support this application - Alex and Simon Winton
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Mrs Sara Carruthers (Objects)
Comment submitted date: Thu 10 Mar 2022
While I think offgrid holiday accommodation like this development could have a positive
place in Strathardle, I consider that this is the wrong site for it and I therefore object to
this application. In particular:
- The development is not in accordance with the local development plan and the reasons
cited by PKC to refuse the previous application are still valid.
- The development is inconsistent with the current settlement pattern of Kirkmichael and
its environs.
- The development does not sit within an existing defined plot with its own boundary but
is in the corner of a field with long established agricultural use.
- The development is clearly visible from the centre of the village and adversely affects
the village setting.
- Parking at the hotel is already limited and staff and residents frequently park on the
road outside the hotel, blocking the eastbound carriageway adjacent to a blind bend.
- The application indicates that access to the development for residents will only be on
foot, but it is not clear in the application how the development will be serviced. The use
of quad bikes etc to access the development is likely to cause damage to the
Kirkmichael/Lair footpath, part of the mini-Cateran trail and which is already fragile.
- The design statement indicates that grey water and rubbish will be moved off site
manually; a composting toilet used by holiday makers up to 52 weeks a year may also
need to be emptied. This seems a situation that will be difficult to manage and is likely to
cause significant loss of amenity to residents and holiday makers. The design of the
sewage and grey water disposal of this development does not seem appropriate for a
site so close to the village. The technology also seems inappropriate for holiday
accommodation that could see a high turn-over of guests.
- Off grid and 'off-pipe' eco holiday accommodation is designed to be located in a remote
setting, not on the edge of a village and would be much better if it could be moved to a
more suitable location, established in advance by the submission of an appropriate
planning application.
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Mrs sandra cowan (Objects)
Comment submitted date: Thu 10 Mar 2022
this structure is the thin end of the wedge it overlooks my property and is an eyesore.this
is the start of a down ward slide of wooden and ugly holiday accomodations which are
only there to make quick bucks for the owner with no thought or respect for any
neighbours. i 100% object to this monstrosity. s a cowan
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Mr Joe Gribben (Objects)
Comment submitted date: Thu 10 Mar 2022
I have several reasons for objecting to this application these are:
- The development is out of character with the village, negatively impacts the view to the
North, is inappropriately positioned in an agricultural field and overlooks the village.
Contrary to the applicant's design statement the development can be seen clearly from
most of the village and surrounding area negatively impacting the village setting.
- The development is contrary to the local plan and planning policies put in place to
protect the villages amenity. There is no community benefit derived from the
development which would justify providing it with an exemption from the agreed LDP
and policies.
- Approving this development would encourage other similar poorly considered
developments.
- The Kirkmichael Hotel has limited parking and is full on a regular basis causing guests
and staff to park on the roadside creating a bottle neck and danger to other road users.
Parking the cars of guests to the development would make matters considerably worse.
- Access to the development as proposed is via a publicly funded core footpath.
Machinery used by the hotel to maintain the development site (cleaning, litter removal,
grass cutting etc) will both damage the footpath and be detrimental to the footpaths
amenity.
- The application does not clearly establish that the hotel business requires this new
development to survive or that the hotel will continue to run and maintain the
development if there is a change of ownership or management.
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Mrs polly haworth (Supports)
Comment submitted date: Thu 10 Mar 2022
I support this 100%
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Mr Philip Smith (Supports)
Comment submitted date: Thu 10 Mar 2022
Taking account of the The 2019 Perth & Kinross Local Development Plan, the Glenshee
& Strathardle Tourist Association writes in support of this planning application.
Specifically noting that:
"Policy 8: Rural Business and Diversification
The Council will give favourable consideration to the expansion of existing businesses
and the creation of new ones in rural areas.
There is a preference that this will generally be within or adjacent to existing settlements.
Sites outwith settlements may be acceptable where they offer opportunities to diversify
an existing business, or are related to an existing site-specific resource or opportunity.
Proposals for new tourism-related developments, and the expansion of existing facilities,
will be supported where it can be demonstrated that they improve the quality of new or
existing visitor facilities, allow a new market to be exploited, or extend the tourism
season. "
The Policy states that all proposals will be expected to meet all of the following criteria:
(a) The proposal will contribute to the local economy through the provision of permanent
employment, visitor accommodation (see also Policy 9), additional tourism or
recreational facilities, or the re-use of existing buildings.
The GSTA considers that the proposal will increase the number and type of visitors to
Kirkmichael and the Glens and will create a unique accommodation type that is not at
present provided in the village. This will in turn support other local businesses such as
the village shop, food & drink producers, laundry, local pubs and outdoor and wildlife
guides
(b) The proposal will not result in suburbanisation of the rural area or encourage
unsustainable travel patterns
GSTA: This is a very small development and has minimal impact
(c) The proposed use is compatible with the surrounding land uses and will not
detrimentally impact on the amenity of residential properties within or adjacent to the
site.
GSTA: Tourism is a key industry in Kirkmichael and the Glens and there are a number of
other small tourism businesses in the village and wide area, the Shepherd's Hut is
complementary to these other businesses and surrounding land uses.
(d) The proposal can be satisfactorily accommodated within the landscape and
environmental capacity of the site
GSTA: The location of the Shepherds Hut does not impact on the wider landscape.
(e) The proposal meets a specific need by virtue of its quality or location in relation to
existing business or tourist facilities.
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GSTA: Tourism accommodation in Glenshee & Strathardle is in high demand, which
exceeds capacity at a number of times throughout the year, in addition the Shepherd's
Hut accommodation will provide a different but appealing addition to the area's visitor
accommodation offering.
(f) Where any new building or extensions are proposed they should achieve a high
quality of design to reflect the rural nature of the site and be in keeping with the scale of
the existing buildings.
GSTA: The inclusion of a traditional Shepherds Hut is in keeping with the surroundings,
and does will not in any way dominate the site.
(g) The local road network must be able to accommodate, or be capable of upgrading in
order to accommodate, the nature and volume of the traffic generated by the proposed
development in terms of road capacity, safety and environmental impact.
GSTA: Users will park their car in the village and walk to the site and will not have any
detrimental impact on the local road network.
All in all the Shepherd's Hut is a welcome addition to the tourism accommodation sector
in the area.
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1
CDS Planning Local Review Body
From:
Sent: 02 May 2022 17:52
To: CDS Planning Local Review Body
Subject: Comment on application 22/00203/FLL
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.
Hello
In response to the requested review of the refusal decision of planning ref 22/00203/FLL.
Fortunately there are regulations in place to control situations like this where individuals have the idea to rock up
and erect a tent, caravan or similar in the corner of an agricultural field and start charging to let people stay there.
Their sole aim is to make money with no regard to planning regulations, locals affected by it and most of all to the
beautiful countryside.
This is a shepherds hut, sauna shed and large hammock tent, which were erected approximately 2 years ago and
very quickly rented out to holidaymakers. It is not part of an established business, contrary to the applicant's
statement in the previous two planning applications. It has no access to and from it other than walking up part of
the Cateran trail and then across a field and it has no infrastructure to support services that holiday accommodation
requires.
The Kirkmichael Hotel has confirmed in writing that it has no connection with this development, nor will it allow use
of the car park for car parking or use of the trade waste facilities. I can only imagine that the applicant will be
carrying the waste generated from the site down the Cateran trail and disposing of it in his council house bin. This is
of course illegal due to the strict rules in place regarding holiday accommodation businesses requiring duty of care
waste transfer notes etc.
Letters of support have been highlighting the benefit to the local community. The benefit is minimal at best and
contrary to beliefs, it is not offering a more economic choice of holiday accommodation. In fact it is a very expensive
option.
I too, support tourism for the local area, but not at any cost. This is the wrong development in the wrong place. It is
countryside vandalism and developments like this should not be allowed to ruin the beautiful scenery for locals and
visitors.
Planning officers have a delicate balance to get right in maintaining tourism facilities in areas such as Strathardle.
Allowing any manner of holiday accommodation because it 'benefits the community' is unsustainable and risks
littering the natural beauty which draws so many visitors to the area.
Kirkmichael and the surrounding areas are already well served with holiday accommodation, therefore this hut, tent
and sauna is not a much needed resource that would justify deviating from planning policy. The reasons for this
application to have been refused twice are still valid and therefore the right decision has already been taken.
Thank you.
Regards.
Donna Aitken
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CDS Planning Local Review Body
From: shane colgan
Sent: 11 May 2022 15:39
To: CDS Planning Local Review Body
Subject: Re: LRB-2022-15 Notice of Review
Attachments: image001.jpg
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attachments unless you have verified the sender and know the content is safe.
To Whom it may Concern 
Having read the reason for refusal. I find it strange that a proposal such as this can be turned downed on the basis
that it does not blend in.
The Hut is currently sited in an indentation in the landscape which has mature trees towards one side and a steep
grass slope behind.
As it sits, the Hut is not visible from the village itself nor from either of the approaching roads entering the village.
Only the rooftops of the village are visible from the site itself. 
The proposed landscaping for the site would mature in a very short space of time.
Business are suffering alot in these times, surely environmentally friendly proposals like this should be encouraged
to help bring much needed tourism spend into the area which have a very small impact on the surrounding
environment. 
I wonder do any of the  planning team carry out site visits to such proposals, as I feel this would give a truer
perspective. 
I urge you to reconsider you refusal and grant planning for this proposal. 
Regards
Shane Colgan 
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CDS Planning Local Review Body
From:
Sent: 12 May 2022 08:48
To: CDS Planning Local Review Body
Subject: RE: LRB-2022-15
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,
I would like to confirm my opposition to this planning application.  I would add the following comments for
consideration:
1. Part of the applicants justification for the development is that the business it generates will support the
Kirkmichael Hotel.  However it would appear that since the application was made the applicant no longer
has a link to the hotel.  This would mean that the development would not be part of the Hotel business or
support its survival.  The development would just be a commercial development for one individual at the
expense of the community.
2. Given that there are a number of well-designed and sensitively positioned holiday accommodation
developments around Kirkmichael either complete or in development this development adds very little
economic benefit to the community.  
Regards
Joe      
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