Item 3

Perth and Kinross Council · 20 September 2022
Back to Local Review Body — 20 September 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 Tuesday
16 August 2022 at 10.30am.
Present: Councillors B Brawn, I James and Bailie C McLaren.
In Attendance: R Burton (Planning Adviser), C Elliott (Legal Adviser), J Guild
(Committee Officer) (all Corporate and Democratic Services).
Also Attending: A Brown and 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 6 June 2022 was submitted
and noted.
(ii) The minute of meeting of the Local Review Body of 11 July 2022 was submitted
and noted. 
4. APPLICATIONS FOR REVIEW 
(i) LRB-2022-16
Planning Application - 21/02209/FLL – Installation of replacement
windows, Hill House, Upper Allan Street, Blairgowrie – Dr and Dr
Shaw
Members considered a Notice of Review seeking a review of the decision
by the Appointed Officer to refuse the installation of replacement
windows, Hill House, Upper Allan Street, Blairgowrie.
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:
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(ii) the review application for installation of replacement windows, Hill
House, Upper Allan Street, Blairgowrie be granted subject to the
imposition of relevant conditions and informatives.
Justification
Members considered that whilst the proposal is not in accordance
with the Development Plan, for this particular proposal the impact
would not be significant due to other examples of the use of UPVC
in the area, and also there will be an energy conservation gain for
the property, and therefore permission was granted.
(ii) LRB-2022-18
Planning Application – 22/00345/FLL – Extension to dwellinghouse
and formation of roof terrace, 51 Muirs, Kinross – Mr and Mrs Reid
Members considered a Notice of Review seeking a review of the decision
by the Appointed Officer to refuse extension to dwellinghouse and
formation of roof terrace, 51 Muirs, Kinross.
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 majority decision that:
(ii) The review application for the extension to dwellinghouse and
formation of roof terrace, 51 Muirs, Kinross, be refused for the
following reasons:
1. The proposed two-storey extension, by way of its excessive
height and unsympathetic flat-roofed, wrap-around design,
would have a jarring effect which has an adverse impact on
the visual amenity of the house and surrounding area. 
Approval would therefore be contrary to Perth & Kinross
Council Placemaking Guide 2020 and Policies 1A, 1B(c)
and 17(c) of Perth & Kinross Local Development Plan 2
(2019), which seek to ensure that development contributes
positively to the quality of the surrounding built environment
in order to respect the character and amenity of the place.
2. The proposed rooftop terrace, by virtue of its elevated
location and close proximity to the boundaries, would have
an imposing and detrimental impact on the amenity of the
area and the adjacent church memorial garden and area of
contemplation. 
Approval would therefore be contrary to Perth & Kinross
Placemaking Guide 2020 and Policies 1A, 1B(c) and 17(c)
of Perth & Kinross Council Local Development Plan 2
(2019), which seek to ensure that external terraces are
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appropriately located in order to respect the character and
amenity of the place.
Justification
The proposal is not in accordance with the Development Plan and
there are no material reasons which justify departing from the
Development Plan. 
Note: Councillor Brawn dissented from the majority opinion.  He
considered that the proposal would not impact on neighbouring
properties.  Therefore, he considered that the proposal was in accordance
with the Development Plan and the Appointed Officer’s decision should be
overturned. 
(iii) LRB-2022-19
Planning Application – 21/02146/FLL – Erection of a dwellinghouse,
land 400 metres south east of Haugh Cottages, East Haugh – Mr S
Lavery
Members considered a Notice of Review seeking a review of the decision
by the Appointed Officer to refuse the erection of a dwellinghouse, land
400 metres south east of Haugh Cottages, East Haugh.
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, land 400
metres south east of Haugh Cottages, East Haugh, be refused for
the following 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 Council’s Housing in the Countryside
Supplementary Guidance 2020, as it does not comply with
any of the categories of the policy guidance where a
residential development would be acceptable in principle at
this location.  In particular, it has not been satisfactorily
demonstrated that the proposal meets Category 3.5 ‘Houses
for Sustainable Living’ for a one-off bespoke house required
on the land.
2. The siting of the dwellinghouse and the creation of its
associated curtilage is not considered to respect the
character or contribute positively to the quality of the natural
environment or the wider landscape character of the area
contrary to Policy 39: Landscape as well as placemaking
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Policy 1A and 1B(b) of the Perth and Kinross Local
Development Plan 2 (2019). 
3. The siting of the dwellinghouse and the creation of its
associated curtilage along with the installation of drainage
infrastructure is considered to have a detrimental impact on
the woodland resource at the site contrary to Policy 40A and
40B of the adopted Perth and Kinross Local Development
Plan 2 (2019). 
Justification
The proposal is not in accordance with the Development Plan and
there are no material reasons which justify departing from the
Development Plan. 
(iv) LRB-2022-20
Planning Application – 21/01583/FLL – Alteration and extension to
dwellinghouse and erection of a garage and formation of vehicular
access, Clover Cottage, Kinfauns Holdings, West Kinfauns – Mr and
Mrs Hughes
Members considered a Notice of Review seeking a review of the decision
by the Appointed Officer to refuse the alteration and extension to
dwellinghouse and erection of a garage and formation of vehicular
access, Clover Cottage, Kinfauns Holdings, West Kinfauns. 
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 application for the alteration and extension to dwellinghouse
and erection of a garage and formation of vehicular access, Clover
Cottage, Kinfauns Holdings, West Kinfauns, be refused for the
following reasons:
1. Approval would be contrary to Policy 43 of the Perth and
Kinross Local Development Plan 2 (2019) as the proposed
development would have a significant detrimental impact on
the character and landscape setting of the Green Belt in
which the site is located.  The proposals are contrary to
policy due to their unsuitably large scale, excessive form,
inappropriate design and absence of any mitigating factors. 
2. The proposed development is contrary to Placemaking
Policies 1A and 1B (subcategories b, c and d) of the Perth &
Kinross Local Development Plan 2 (2019), as it will not
contribute positively to the quality of the surrounding
environment, nor will it respect the character or amenity of
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the place, in terms of design, height, scale, massing and
relationship to the existing building or wider local
architectural vernacular. 
3. The proposed extension in view of height and massing
would dominate the existing house, contrary to the Perth
and Kinross Council Placemaking Guide 2020, and to the
detriment of the immediate area and the house itself. 
Justification
The proposal is not in accordance with the Development Plan and
there are no material reasons which justify departing from the
Development Plan. 
(v) LRB-2022-21
Planning Application – 21/02067/FLL – Formation of camping and
caravan site, erection of office/café/shop building, WC/shower
building and a pergola, formation of play and parking areas and
associated works, land 100 metres west of Alex Butter Landscaping
Ltd, West Countlich Farm, Kindallachan – Alex Butter Landscaping
Ltd
Members considered a Notice of Review seeking a review of the decision
by the Appointed Officer to refuse formation of camping and caravan site,
erection of office/café/shop building, WC/shower building and a pergola,
formation of play and parking areas and associated works, land 100
metres west of Alex Butter Landscaping Ltd, West Countlich Farm,
Kindallachan.
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 application for formation of camping and caravan site, erection
of office/café/shop building, WC/shower building and a pergola,
formation of play and parking areas and associated works, land
100 metres west of Alex Butter Landscaping Ltd, West Countlich
Farm, Kindallachan, be refused for the following reasons:
1. The proposal is contrary to Policy 8: Rural Business and
Diversification of the Perth and Kinross Local Development
Plan 2 (2019) as no detailed information has been submitted
to demonstrate that this proposal relates to the expansion of
an existing business and no information has been presented
to demonstrate that the proposal would improve the quality
of new or existing tourism facilities, allow a new market to be
exploited or extends the tourism season. 
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2. The proposal is contrary to Policy 9C: Chalets, Timeshare
and Fractional Ownership of the Perth and Kinross Local
Development Plan 2 (2019) as the proposal does not involve
the expansion of an existing hotel, guest house or chalet
park, does not involve the replacement of static caravans
with permanent structures and no detailed supporting
information has been presented to demonstrate that the
proposal meets a specific need by virtue of its quality or
ocationn in relation to existing tourism facilities. 
3. The proposal is contrary to Policy 40B: Forestry Woodland
and Trees of the Perth and Kinross Local Development Plan
2 (2019) which requires tree surveys to be submitted where
there is potential impact on existing trees on site.  There are
existing trees on site and no information has been submitted
to indicate the impact which the proposed development
would have on existing trees.
4. The proposal is contrary to Policy 41: Bio Diversity of the
Perth and Kinross Local Development Plan 2 (2019) which
seeks to ensure that wildlife and wildlife habits will be
protected.  There are records of protected species on and
within the immediate vicinity of the site and no ecology
survey has been submitted to demonstrate any potential
impact on protected species and how the impact will be
appropriately mitigated. 
5. The proposal is contrary to Policy 52: Flooding of the Perth
and Kinross Local Development Plan 2 (2019) as the access
road into the site is located within the functional flood plain
and therefore the site may be cut off for the vehicular access
during a flood event increasing the number of persons at
risk from flooding with no safe access and egress, contrary
to Scottish Planning Policy and the Council’s duty under the
Flood Risk Management (Scotland) Act 2009.  No
information has been presented to demonstrate how safe
access and egress to the site would be achieved during a
flood event.  Furthermore, the site is also considered to be
at risk from high and medium probability flood risk and no
information has been submitted to demonstrate how site
drainage will cater for this run off and manages surface
water ponding. 
6. The proposal is contrary to Policy 53C: Surface Water Flood
Risk of the Perth and Kinross Local Development Plan 2
(2019) which requires development to be provided with an
appropriately designed surface water drainage system.  No
information has been submitted to detail how surface water
drainage will be catered for in terms of a detailed surface
water drainage design and a Drainage Impact Assessment
prepared to meet the requirements of the Council’s Flood
Risk and Flood Risk Assessments Supplementary Guidance
2021.
7. The proposal is contrary to Policy 60B: Traffic and Transport
of the Perth and Kinross Local Development Plan 2 (2019)
which requires all development sites to be easily accessible
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by all modes of transport.  Insufficient information has been
submitted to demonstrate the traffic generation associated
with the proposed use and no detail on any linkages to
surrounding cycle and path networks has been submitted. 
Furthermore, no detailed information has been submitted to
demonstrate the appropriate upgrade of the junction with the
public road to ensure appropriate visibility and no
information has been submitted to demonstrate that the
existing private access is capable of accommodating the
proposal without appropriate upgrade.
Justification 
The proposal is not in accordance with the Development Plan and
there are no material reasons which justify departing from the
Development Plan. 
(vi) LRB- 2022-23
Planning Application – 21/02290/IPL – Erection of dwellinghouse (in
principle), land 20 metres north of Powderwells Farm, New Alyth – Mr
and Mrs Milne
Members considered a Notice of Review seeking a review of the decision
by the Appointed Officer to refuse erection of dwellinghouse (in principle),
land 20 metres north of Powderwells Farm, New 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 majority 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 a Contaminated Land Investigation and
Remediation Plan, with Development Management and the
Council’s Contaminated Land Officer to comment on said
information, in line with Category 6 of the Council’s Housing in the
Countryside Guide 2020.
(iii) Following receipt of all information and responses, the application
be brought back to a future meeting of the Local Review Body.
(vii) LRB-2022-24
Planning Application – 22/00326/IPL – Erection of a dwellinghouse
(in principle), land 60 metres north of Knowhead House, Bendochy –
Mr B Lawson
Members considered a Notice of Review seeking review of the decision
by the Appointed Officer to refuse erection of a dwellinghouse (in
principle), land 60 metres north of Knowhead House, Bendochy. 
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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 application for erection of a dwellinghouse (in principle), land
60 metres north of Knowhead House, Bendochy, be refused for the
following 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 Council’s Housing in the Countryside
Guide 2020 as the proposal fails to satisfactorily comply with
any of 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, or (6) Rural Brownfield
Land. In particular, the proposed dwellinghouse would not
form part of a Building Group or extension to it, nor is it
within the garden ground associated with an existing country
or estate house.
2. The proposal is contrary to ‘Placemaking Policies’ 1A and
1B of the adopted Perth and Kinross Local Development
Plan 2 (2019) as the proposed development would result in
the development of an isolated plot of ground which would
not complement its surroundings or contribute positively to
the quality of the surrounding area in terms of character or
amenity. 
Justification
The proposal is not in accordance with the Development Plan and
there are no material reasons which justify departing from the
Development Plan.
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