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Minute of Meeting of Local Review Body of 11 July 2022

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

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PERTH AND KINROSS LOCAL REVIEW BODY 
Minute of hybrid meeting of the Perth and Kinross Local Review Body held on
Monday 11 July 2022 at 10.30am. 
Present: Councillors B Brawn, I James, and H Anderson. 
In Attendance: R Burton (Planning Adviser), C Elliott (Legal Adviser), D Williams and
J Guild (Committee Officers) (all Corporate and Democratic Services). 
Also Attending: A Brown, M Pasternak (both Corporate and Democratic Services). 
1. WELCOME 
Councillor Brawn welcomed all present to the meeting. 
2. DECLARATIONS OF INTEREST 
There were no declarations of interest made in terms of the Councillors’ Code
of Conduct. 
3. MINUTES 
(i) The minute of meeting of the Local Review Body of 5 April 2022 was
submitted and noted. 
(ii) Consideration of the minute of meeting of the Local Review Body of 6 June
2022 was deferred until the next meeting of the Local Review Body. 
4. APPLICATIONS FOR REVIEW 
(i) LRB-2022-11
Planning Application - 21/01973/FLL - Erection of a dwellinghouse
land 50 metres south west of Leighland Stables, Mawcarse
Crossroads, Mawcarse – Mr A Young 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse the erection of a
dwellinghouse, land 50 metres south-west of Leighland Stables,
Mawcarse Crossroads, Mawcarse. 
The Planning Adviser displayed photographs of the site and described
the proposal, and thereafter summarised the Appointed Officer’s
Report of Handling and the grounds set out in the Notice of Review. 
Decision:
Resolved by unanimous decision that:
(i) having regard to the material before the Local Review Body and
the comments from the Planning Adviser, sufficient information
was before the Local Review Body to determine the matter
without further procedure.

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Thereafter, resolved by unanimous decision that:
(ii) The review application for the erection of a dwellinghouse, land
50 metres south-west of Leighland Stables, Mawcarse
Crossroads, Mawcarse, be refused for the following reason:
1. The proposal is contrary to Policy 19, Housing in the
Countryside, of the Perth and Kinross Local Development
Plan 2 (2019) and the associated Housing in the
Countryside Supplementary Guidance 2020 (SG) as the
site was 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. 
(ii) LRB-2022-12
Planning Application – 21/02213/FLL – Alterations and extension
to dwellinghouse, An Tigh Sgoile, Ardtalnaig, Aberfeldy – Mr and
Mrs Walsh 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse alterations and extension to
dwellinghouse, An Tigh Sgoile, Ardtalnaig, Aberfeldy. 
The Planning Adviser displayed photographs of the site and described
the proposal, and thereafter summarised the Appointed Officer’s Report
of Handling and the grounds set out in the Notice of Review. 
Decision:
Resolved by unanimous decision that:
(i) having regard to the material before the Local Review Body and
the comments from the Planning Adviser, sufficient information
was before the Local Review Body to determine the matter
without further procedure.
Thereafter, resolved by unanimous decision that:
(ii) the review application for alterations and extension to
dwellinghouse, An Tigh Sgoile, Ardtalnaig, Aberfeldy, be
granted, subject to:
1. The imposition of relevant conditions, including a
condition that the window on the southwest elevation
requires to be fitted with opaque glass in order to mitigate
privacy issues for the neighbouring property, terms and
informatives. 
Justification
With the imposition of relevant conditions, members considered
that the proposal was in accordance with the Development Plan,
and therefore permission was granted.

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(iii) LRB-2022-13
Planning Application – 21/02247/FLL – Alterations and extension
to dwellinghouse, Meadows of Fungarth, Dunkeld – Ms A Kincaid 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse alterations and extension to
dwellinghouse, Meadows of Fungarth, Dunkeld.
The Planning Adviser displayed photographs of the site and described
the proposal, and thereafter summarised the Appointed Officer’s
Report of Handling and the grounds set out in the Notice of Review. 
Decision:
Resolved by unanimous decision that:
(i) Having regard to the material before the Local Review Body and
the comments from the Planning Adviser, insufficient information
was before the Local Review Body to determine the matter
without further procedure.
(ii) The applicant to produce further information on phosphate
mitigation, with Development Management in conjunction with
SEPA to comment on said information, in line with Policy 45A of
Perth and Kinross Local Development Plan 2 (2019).
(iii) Following receipt of all information and responses, the
application be brought back to a future meeting of the Local
Review Body. 
(iv) LRB-2022-14
Planning Application – 22/00132/IPL – Erection of a dwellinghouse
(in principle), land 30 metres south west of 1 Bardmony Farm
Cottage, Alyth – Mr R Mew 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse the erection of a
dwellinghouse (in principle), land 30 metres south west of 1 Bardmony
Farm Cottage, Alyth 
The Planning Adviser displayed photographs of the site and described
the proposal, and thereafter summarised the Appointed Officer’s
Report of Handling and the grounds set out in the Notice of Review. 
Decision:
Resolved by unanimous decision that:
(i) having regard to the material before the Local Review Body and
the comments from the Planning Adviser, sufficient information
was before the Local Review Body to determine the matter
without further procedure.
Thereafter, resolved by unanimous decision that:
(ii) the review application for erection of a dwellinghouse (in
principle), land 30 metres south west of 1 Bardmony Farm
Cottage, Alyth, be granted, subject to:
1. The imposition of relevant conditions, including a
condition that the property be of single storey

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appearance, with roof lights to allow accommodation in
the roof space, in keeping with the neighbouring
properties, terms and informatives. 
Justification
With the imposition of relevant conditions, members considered
that the proposal (in principle) was in accordance with the
Development Plan, and therefore permission was granted. 
(v) 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 – Mr G Norwood 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse siting of holiday
accommodation unit and sauna unit (in retrospect), land 145 metres
north east of Kirkmichael Hotel, Main Street, Kirkmichael. 
The Planning Adviser displayed photographs of the site and described
the proposal, and thereafter summarised the Appointed Officer’s
Report of Handling and the grounds set out in the Notice of Review. 
Decision:
Resolved by unanimous decision that:
(i) Having regard to the material before the Local Review Body and
the comments from the Planning Adviser, sufficient information
was before the Local Review Body to determine the matter
without further procedure.
Thereafter, resolved by unanimous decision that:
(ii) the review application for siting of holiday accommodation unit
and sauna unit (in retrospect), land 145 metres north east of
Kirkmichael Hotel, Main Street, Kirkmichael, be granted, subject
to:
1. The imposition of suitable conditions, terms and
informatives. 
Justification 
In the absence of a Landscape Framework, members considered that
the proposal (in retrospect) was in accordance with the Development
Plan, as the accommodation is not visible from the village of
Kirkmichael, and therefore permission was granted.

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5.  APPLICATION PREVIOUSLY CONSIDERED 
(i) LRB-2021-27
Planning Application – 21/00001/FLL – S42 application to delete
condition 6 (access upgrade) of permission 20/01319/FLL, land
180 metres south west of Powmill Cottage, Rumbling Bridge – Mr
K O’Reilly 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse the S42 application to
delete condition 6 (access upgrade) of permission 20/01319/FLL, land
180 metres south west of Powmill Cottage, Rumbling Bridge. 
The Planning Adviser displayed photographs of the site and described
the proposal, and thereafter summarised the Appointed Officer’s
Report of Handling and the grounds set out in the Notice of Review. 
It was noted that, at its meeting of 14 September 2021, the Local
Review Body resolved that insufficient information was before the Local
Review Body to determine the application without; (i) Legal and
Planning Advisers to undertake an investigation into the potential
remedies for the adoption or upgrading of the access and to better
understand the applicant’s submission as regards to completing a legal
agreement to secure the upgrading of the access road.  Such
investigation is to consider such matters as the construction
specification for the road ownership and rights of usage, the financial
mechanism and a phasing for the upgrading and a potential for any
agreement as to the future maintenance of the road by interested
parties. With the requested investigation by the Legal and Planning
Advisers having taken place, the Local Review Body reconvened. 
Decision:
Resolved by unanimous decision that:
(i) Having regard to the material before the Local Review Body and
the comments from the Planning Adviser, insufficient information
was before the Local Review Body to determine the matter
without further procedure.
(ii) Further written information to be provided by Transport Planning
on their updated position on the review application, with
comment from Development Management.
(iii) Following receipt of all information and responses, the
application be brought back to a future meeting of the Local
Review Body.