Item 4(vi) LRB-2022-23

Perth and Kinross Council · 16 August 2022
Back to Local Review Body — 16 August 2022 and its agenda

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4(vi)
LRB-2022-23
LRB-2022-23
21/02290/IPL - Erection of dwellinghouse (in principle),
land 20 metres north of Powderwells Farm, New Alyth
INDEX
(a) Papers submitted by the Applicant (Pages 463-498)
(b) Decision Notice (Pages 481-482)
Report of Handling (Pages 483-488)
Reference Documents (Pages 497 and 501-509)
(c) Representations (Pages 511-522)
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4(vi)(a)
LRB-2022-23
LRB-2022-23
21/02290/IPL - Erection of dwellinghouse (in principle),
land 20 metres north of Powderwells Farm, New Alyth
PAPERS SUBMITTED
BY THE
APPLICANT
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Pullar House 35 Kinnoull Street Perth PH1 5GD  Tel: 01738 475300  Fax: 01738 475310  Email: onlineapps@pkc.gov.uk
Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid.
Thank you for completing this application form:
ONLINE REFERENCE 100566850-001
The online reference is the unique reference for your online form only. The  Planning Authority will allocate an Application Number when
your form is validated. Please quote this reference if you need to contact the planning Authority about this application.
Applicant or Agent Details
Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting
on behalf of the applicant in connection with this application)  Applicant  Agent
Agent Details
Please enter Agent details
Company/Organisation:
Ref. Number: You must enter a Building Name or Number, or both: *
First Name: * Building Name:
Last Name: * Building Number:
Address 1
Telephone Number: * (Street): *
Extension Number: Address 2:
Mobile Number: Town/City: *
Fax Number: Country: *
Postcode: *
Email Address: *
Is the applicant an individual or an organisation/corporate entity? *
  Individual    Organisation/Corporate entity
Bidwells
Mark
Myles
Lamberkine Drive
Broxden House
01738  630666
PH1 1RA
Scotland
Perth07717 512203
mark.myles@bidwells.co.uk
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Applicant Details
Please enter Applicant details
Title: You must enter a Building Name or Number, or both: *
Other Title: Building Name:
First Name: * Building Number:
Address 1
Last Name: * (Street): *
Company/Organisation Address 2:
Telephone Number: * Town/City: *
Extension Number: Country: *
Mobile Number: Postcode: *
Fax Number:
Email Address: *
Site Address Details
Planning Authority:
Full postal address of the site (including postcode where available):
Address 1: 
Address 2:
Address 3:
Address 4:
Address 5:
Town/City/Settlement:
Post Code:
Please identify/describe the location of the site or sites
Northing Easting
Other
Mr & Mrs
I
Perth and Kinross Council
Milne
Powderwells, by Alyth
747036 324636
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Description of Proposal
Please provide a description of your proposal to which your review relates. The description should be the same as given in the
application form, or as amended with the agreement of the planning authority: *
(Max 500 characters)
Type of Application
What type of application did you submit to the planning authority? *
 Application for planning permission (including householder application but excluding application to work minerals).
 Application for planning permission in principle.
 Further application.
 Application for approval of matters specified in conditions.
What does your review relate to? *
 Refusal Notice.
 Grant of permission with Conditions imposed.
 No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal.
Statement of reasons for seeking review
You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement
must set out all matters you consider require to be taken into account in determining your review. If necessary this can be provided as a
separate document in the ‘Supporting Documents’ section: * (Max 500 characters)
Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce
all of the information you want the decision-maker to take into account.
You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at
the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that
time or that it not being raised before that time is a consequence of exceptional circumstances.
Have you raised any matters which were not before the appointed officer at the time the  Yes  No
Determination on your application was made? *
If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before
your application was determined and why you consider it should be considered in your review: * (Max 500 characters)
Erection of dwellinghouse in principle
Please refer to supporting appeal statement and photographs
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Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend
to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters)
Application Details
Please provide the application reference no. given to you by your planning
authority for your previous application.
What date was the application submitted to the planning authority? *
What date was the decision issued by the planning authority? *
Review Procedure
The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review
process require that further information or representations be made to enable them to determine the review. Further information may be
required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or
inspecting the land which is the subject of the review case.
Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other
parties only, without any further procedures? For example, written submission, hearing session, site inspection. *
 Yes  No
Please indicate what procedure (or combination of procedures) you think is most appropriate for the handling of your review. You may
select more than one option if you wish the review to be a combination of procedures.
Please select a further procedure *
Please explain in detail in your own words why this further procedure is required and the matters set out in your statement of appeal it
will deal with? (Max 500 characters)
In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion:
Can the site be clearly seen from a road or public land? *  Yes  No
Is it possible for the site to be accessed safely and without barriers to entry? *  Yes  No
Planning permission forms, location plan, decision notice, report of handling, photographs of site and statement in support of
appeal
21/02290/IPL
05/04/2022
By means of inspection of the land to which the review relates
06/01/2022
To allow the LRB members to see the status and condition of the brownfield site for themselves
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Checklist – Application for Notice of Review
Please complete the following checklist to make sure you have provided all the necessary information in support of your appeal. Failure
to submit all this information may result in your appeal being deemed invalid.
Have you provided the name and address of the applicant?. *  Yes  No
Have you provided the date and reference number of the application which is the subject of this  Yes  No
review? *
If you are the agent, acting on behalf of the applicant, have you provided details of your name  Yes  No  N/A
and address and indicated whether any notice or correspondence required in connection with the
review should be sent to you or the applicant? *
Have you provided a statement setting out your reasons for requiring a review and by what  Yes  No
procedure (or combination of procedures) you wish the review to be conducted? *
Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider
require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review
at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely
on and wish the Local Review Body to consider as part of your review.
Please attach a copy of all documents, material and evidence which you intend to rely on  Yes  No
(e.g. plans and Drawings) which are now the subject of this review *
Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a
planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the
application reference number, approved plans and decision notice (if any) from the earlier consent.
Declare – Notice of Review
I/We the applicant/agent certify that this is an application for review on the grounds stated.
Declaration Name: Mr Mark Myles
Declaration Date: 19/05/2022
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REPORT OF HANDLING 
DELEGATED REPORT 
Ref No 21/02290/IPL
Ward No P2- Strathmore
Due Determination Date 5th March 2022 
Draft Report Date 22nd March 2022
Report Issued by JF Date 22/03/2022 
PROPOSAL:  Erection of dwellinghouse (in principle)    
LOCATION:  Land 20 Metres North Of Powderwells Farm
New Alyth   
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 
BACKGROUND AND DESCRIPTION OF PROPOSAL
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Powderwells Farm lies approximately 0.5km to the south east of New Alyth
and 1km to the south of Alyth.  To the south of the site there are existing
buildings comprising of a derelict traditional steading, ruinous stone walls and
a dwelling. To the east, north and west the site is bound by open farmland. 
The site consists of concrete hardstanding’s, foundations and substructures
associated with buildings formerly located on the site. 
SITE HISTORY 
N/A 
PRE-APPLICATION CONSULTATION 
Pre application Reference: 21/00457/PREAPP 
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 53B: Water Environment  and Drainage: Foul Drainage
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Policy 53C: Water Environment  and Drainage: Surface Water Drainage
Policy 53E: Water Environment  and Drainage: Water Supply
Policy 1A: Placemaking  
Policy 1B: Placemaking  
Policy 5: Infrastructure Contributions  
Policy 19: Housing in the Countryside   
OTHER POLICIES 
Housing in the Countryside Supplementary Guidance 
Placemaking Supplementary Guidance 
Developer Contributions Supplementary Guidance 
CONSULTATION  RESPONSES 
Scottish Water     No objection 
Transport Planning     No objection 
Environmental Health (Contaminated Land) Condition required 
Development Contributions Officer Condition would be required 
REPRESENTATIONS 
No letters of representation received 
ADDITIONAL STATEMENTS 
Screening Opinion  EIA Not Required
Environmental Impact Assessment (EIA):
Environmental Report
Not applicable
Appropriate Assessment Habitats Regulations AA Not
Required
Design Statement or Design and Access
Statement
Submitted
Report on Impact or Potential Impact eg Flood
Risk Assessment
Not Required 
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. 
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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 
Policy 19 - Housing in the Countryside and the Supplementary Guidance
2020, notes that opportunities 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. 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: 
1) Building Groups
2) Infill site
3) New houses in the countryside on defined categories of sites as set out in
section 3 of the Supplementary Guidance
4) Renovation or replacement of houses
5) Conversion or replacement of redundant non-domestic buildings
6) Development on rural brownfield land
Design and Layout 
The supporting statement and follow up discussions with the agent maintain
that the development of the site meets the definition of Derelict land which
was at one time occupied by buildings or structures but these have now been
removed.  The policy follows on to state OR land directly linked to former
buildings or structures which has been so damaged by a former use that it
cannot be left to naturalise or be reused for another purpose without first
being improved. 
The agent considers the emphasis on the OR in the definition splits the
consideration of the site for policy, the following section covers when
development will be permitted.  This section doesn’t distinguish and applies to
all brownfield land. 
From the photographs submitted it is accepted that the site does appear to
have been largely cleared although some areas of concrete foundations and
brick walls remain, and this would comply with the definition of rural brownfield
land. No evidence, however, has been submitted that the site is contaminated
to the extent that it must be remediated, rather that the site is untidy and
would detract from the amenity and setting of the steading site. The intention
of category 6 is to allow development on cleared sites which have been
significantly degraded by a former use or activity to the extent that the
development of a house is the only means by which it is viable to remediate
the site. It is appreciated that the applicant may prefer to develop the site but 
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unless evidence can be provided that demonstrates the site is in such a poor
condition that it requires to be remediated e.g. it’s condition is causing risk to
human health or the wider environment, then the development of a house
would meet that requirement of category 6. 
Residential Amenity 
The site sits out with the building group and is not bound by any existing
dwellings.  A dwelling could be accommodated within the site providing
adequate amenity and privacy. 
Roads and Access 
It is considered that an access to the site could be accommodated, and
Transport Planning note standard conditions should permission have been
granted.   
Drainage and Flooding 
No flood risk and no drainage considerations for the in principle application. 
Developer Contributions 
Developer contributions conditions would have been required if the principle of
development had been accepted. 
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 
This application was not 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 
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
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none has been found that would justify overriding the adopted Development
Plan. 
Accordingly the proposal is refused on the grounds identified below. 
Reasons 
1 The proposal is contrary to Policy 19 Housing in the Countryside of the
Perth and Kinross Local Development Plan 2 (2019) and the associated
Housing in the Countryside Supplementary Guidance (March 2020) as it does
not meet any of the criteria within the categories: 1) Building Groups, 2) Infill
sites, 3) New houses in the open countryside, 4) Renovation or replacement
of houses, 5) Conversion or replacement of redundant non-domestic buildings
and 6) Development on rural brownfield land.  In particular the site although
being formally developed does not meet the definition of rural brownfield land
outlined in Category 6. 
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 
N/A 
Procedural Notes 
Not Applicable. 
PLANS AND DOCUMENTS RELATING TO THIS DECISION 
01
02 
488

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4(vi)(b)
LRB-2022-23
LRB-2022-23
21/02290/IPL - Erection of dwellinghouse (in principle),
land 20 metres north of Powderwells Farm, New Alyth
PLANNING DECISION NOTICE (included in
applicant’s submission, pages 481-482)
REPORT OF HANDLING (included in applicant’s
submission, pages 483-488)
REFERENCE DOCUMENTS (part included in
applicant’s submission, page 497)
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4(vi)(c)
LRB-2022-23
LRB-2022-23
21/02290/IPL - Erection of dwellinghouse (in principle),
land 20 metres north of Powderwells Farm, New Alyth
REPRESENTATIONS
511