Item 3

Perth and Kinross Council · 24 October 2022
Back to Local Review Body — 24 October 2022 and its agenda

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PERTH AND KINROSS LOCAL REVIEW BODY
Minute of meeting of the Perth and Kinross Local Review Body held on Tuesday
20 September 2022 at 10.30am.
Present: Councillors B Brawn, D Cuthbert and Bailie M Williamson
In Attendance: R Burton (Planning Adviser), G Fogg (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.
Councillor Brawn acknowledged this meeting as a return to business following
the passing of Her Majesty Queen Elizabeth II. 
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 16 August 2022 was
submitted and noted. 
4. APPLICATIONS FOR REVIEW 
(i) LRB-2022-25
Planning Application – 21/02169/FLL – Erection of a dwellinghouse
and garage/ancillary building, land 30 metres south west of 32
Lintrose Holding, Campmuir – Mr and Mrs Fleming
Members considered a Notice of Review seeking a review of the decision
by the Appointed Officer to refuse erection of a dwellinghouse and
garage/ancillary building, land 30 metres south west of 32 Lintrose
Holding, Campmuir.
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:
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(ii) the review application for erection of a dwellinghouse and
garage/ancillary building, land 30 metres south west of 32 Lintrose
Holding, Campmuir, be granted, subject to:
1. The imposition of relevant conditions, including a condition that
suitable access to the farmer’s field is maintained, and
consideration is given to the conditions detailed in
representations made to the application.
Justification
With the imposition of relevant conditions, members considered
that the proposal was in accordance with the Development Plan,
and therefore permission should be granted.
Note: Councillor Brawn dissented from the majority opinion.  He
considered that, although the plot size and frontage proposed was similar
to other properties nearby, the proposal was contrary to the Development
Plan given the 1¾ storey nature of the proposed property. 
(ii) LRB-2022-27
Planning Application – 21/02268/FLL – Erection of a dwellinghouse,
land 50 metres west of Keltney House, Keltneyburn – Mr and Mrs
Stewart
Members considered a Notice of Review seeking a review of the decision
by the Appointed Officer to refuse erection of dwellinghouse, land 50
metres west of Keltney House, Keltneyburn. 
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 the erection of dwellinghouse, land 50
metres west of Keltney House, Keltneyburn, be granted, subject to:
1. The imposition of relevant conditions, including a condition that
mature and semi-mature trees are incorporated into the
landscaping for this application, and a condition requiring them
to be replaced if they do not survive for a period of five years.
The details of the planting proposed will be subject to Officer
approval.
Justification
Members considered that whilst the proposal is not wholly in
accordance with the Development Plan, the family’s medical needs
for this application were a material consideration which justified the
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proposal as a development plan departure, and therefore
permission was granted.
(iii) LRB-2022-28
Planning Application – 22/00284/FLL – Change of use from ancillary
accommodation unit to dwellinghouse, 19 Main Street, Almondbank
– Mrs C Younger
Members considered a Notice of Review seeking a review of the decision
by the Appointed Officer to refuse the change of use from ancillary
accommodation unit to dwellinghouse, 19 Main Street, Almondbank.
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 change of use from ancillary
accommodation unit to dwellinghouse, 19 Main Street,
Almondbank be refused for the following reasons: 
1. The proposal has not demonstrated that the change of use
from ancillary accommodation to a dwelling can contribute
positively to the quality of the surrounding build and natural
environment taking account of density and siting.  The plot
ratio does not respect the character and amenity of place
accordingly the proposal is contrary to Placemaking Policy
1A and Policy 1B of the Perth and Kinross Local
Development Plan 2 (2019).
2. The proposal is contrary to Policy 17: Residential Areas of
the Perth and Kinross Local Development Plan 2 (2019)
which seeks to ensure that development is compatible with
the amenity and character of the area.  It has not been
demonstrated that the change of use to a dwellinghouse can
be accommodated on the site while respecting its environs
or improve the character and environment due to the lack of
garden ground and overlooking to the neighbouring/host
property.
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 any issues of overlooking would be for consideration and
judgement by future purchasers of either property. 
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(iv) LRB-2022-29
Planning Application – 21/02017/FLL – Erection of a fence, 1
Commander’s Grove, Braco, Dunblane – Ms J McKay
Members considered a Notice of Review seeking a review of the decision
by the Appointed Officer to refuse the erection of a fence, 1 Commander’s
Grove, Braco, Dunblane. 
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 erection of a fence, 1 Commander’s Grove,
Braco, Dunblane, be refused for the following reasons:
1. The proposal is contrary to Policy 1A: Placemaking of the
Perth and Kinross Local Development Plan 2 (2019) as the
works will not contribute positively to the quality of the
surrounding built and natural environment, due to the
enclosure of the landscaped area of open space.  This fails
to respect the character and amenity of place, as it will result
in the loss of an existing landscape feature and unbalance
the symmetry which exists at the entrance to the estate.
2. The proposals are contrary to Policy 1B: Placemaking of the
Perth and Kinross Local Development Plan 2 (2019) parts
(a), (b), (c) and (d) as the development will erode the identity
and structure of streets and spaces, is out of character with
the area, does not complement its surroundings and does
not respect the layout of the area.
3. The proposals are contrary to Policy 17: Residential Areas
of the Perth and Kinross Local Development Plan 2 (2019)
part (c), as the proposal will not improve the character and
environment of the area, as it will result in the loss of an
area of landscaped open space that should, in combination
with the area on the other side of the entrance road, be
retained as a landscaped edge to the wider development
and visual amenity resource. 
4. The proposal is contrary to criterion Policy 39: Landscape of
the Perth and Kinross Local Development Plan 2 (2019) part
(a), as it will erode the local distinctiveness, visual and
landscape quality of the immediate area.
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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(v) LRB-2022-31
Planning Application – 21/02069/FLL – Erection of 7 dwellinghouses,
garage, formation of landscaping and associated works, land 480
metres south east of 4 Pitfar Steadings, Powmill – Mr T Carroll
Members considered a Notice of Review seeking a review of the decision
by the Appointed Officer to refuse erection of 7 dwellinghouses, garage,
formation of landscaping and associated works, land 480 metres south
east of 4 Pitfar Steadings, Powmill.
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 7 dwellinghouses, garage, formation
of landscaping and associated works, land 480 metres south east
of 4 Pitfar Steadings, Powmill, 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 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.
2. The proposal is contrary to Policy 41: Biodiversity as no
ecological survey of the proposed development area of
assessment of the likely effects from this development on
habitats and species was submitted. 
3. The proposal is contrary to Policy 1A: Placemaking as the
proposals do not incorporate appropriate landscaping and
planting works for the scale and nature of the development
proposed.
4. The seven new houses proposed, taken together with the
two existing houses adjacent to the application site, would
constitute overdevelopment of the site, contrary to Policy
1A: Placemaking, and to the detriment of the appearance of
the countryside.
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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(vi) LRB- 2022-32
Planning Application – 22/00013/FLL – Erection of a garage, land 15
metres north of 20 Greystane Terrace, Invergowrie
Members considered a Notice of Review seeking a review of the decision
by the Appointed Officer to refuse erection of a garage, land 15 metres
north of Greystane Terrace, Invergowrie.
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, sufficient information was
before the Local Review Body to determine the matter without
further procedure.
Thereafter, resolved by unanimous decision that:
(ii) The application of erection of a garage, land 15 metres north of
Greystane Terrace, Invergowrie, be refused for the following
reasons:
1. The proposal is contrary to Policy 17: Residential Areas of the
Perth and Kinross Local Development Plan 2 (2019) as the
proposal is considered to represent an overdevelopment of the
site when taking account of the areas environs and surrounding
character and therefore the development is incompatible with
the character and amenity of the area.  Furthermore, the
proposal results in the loss of a small area of open space which
is considered to have some amenity value to the area.
2. The proposal is contrary to Policy 1A: Placemaking of the Perth
and Kinross Council Local Development Plan 2 (2019) as the
development would not contribute positively to the quality of the
surrounding built environment.  The design, scale and siting of
development does not 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.
(vii) LRB-2022-33
Planning Application – 22/00532/FLL – Erection of a dwellinghouse,
land 25 metres north east of No. 2 Laggan Road, Crieff
Members considered a Notice of Review seeking review of the decision
by the Appointed Officer to refuse erection of a dwellinghouse, land 25
metres north east of No. 2 Laggan Road, Crieff.
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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, land 25 metres
north east of No. 2 Laggan Road, Crieff, be refused for the
following reasons: 
1. The proposal has not demonstrated that the development of
a dwelling can contribute positively to the quality of the
surrounding built and natural environment taking account of
design, density, siting, height, massing, materials, finishes
and colours.  The dwelling has the appearance of being
squeezed into the garden ground of Oakbank, 2 Laggan
Road and fails to respect the character and amenity of
place.  Accordingly, the proposal is contrary to Placemaking
Policy 1A and Policy 1B part (c) of the Perth and Kinross
Local Development Plan 2 (2019)
2. The proposal is contrary to Policy 17: Residential Areas of
the Perth and Kinross Local Development Plan 2 (2019)
which seeks to ensure that development is compatible with
the amenity and character of the area.  It has not been
demonstrated that a dwellinghouse can be accommodated
on the site while respecting its environs or improve the
character and environment of the area. 
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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