Item 4(iii) LRB-2022-36

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

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Page 1

4(iii)
LRB-2022-36
LRB-2022-36
22/00477/FLL – Change of use from agricultural storage
building to dwellinghouse, including alterations, extension
and installation of flue, land 160 metres north east of Logie
Brae Farm, Craigie, Clunie, PH10 6RG
INDEX
(a) Papers submitted by the Applicant (Pages 185-210)
(b) Decision Notice (Pages 213-214)
Report of Handling (Pages 215-222)
Reference Documents (Pages 205 and 223-230)
(c) Representations (Pages 231-246)
183

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4(iii)(a)
LRB-2022-36
LRB-2022-36
22/00477/FLL – Change of use from agricultural storage
building to dwellinghouse, including alterations, extension
and installation of flue, land 160 metres north east of Logie
Brae Farm, Craigie, Clunie, PH10 6RG
PAPERS SUBMITTED
BY THE
APPLICANT
185

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g? , 030 " Notice of Review
0300
x i A
3 NOTICE OF REVIEW
U .3 i
$ UNDER SECTION 43A(8) OF THE TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 (AS AMENDED)IN
E RESPECT OF DECISIONS 0N LOCAL DEVELOPMENTS
O i
8 THE TOWN AND COUNTRY PLANNING (SCHEMES 0F DELEGATION AND LOCAL REVIEW PROCEDuRE)
E (SCOTLAND) REGULATIONS 2013 034W030
00
i THE Tovm AND COUNTRY PLANNING (APPEALS) (SCOTLAND) REGULATIONS 2008
iMPORTANT: Please read and follow the guidance notes gravided when commleti this form. '
Failure to sum! all the relev}402information oogld invalidate your notice of review.
Use BLOCK CAPITALS if completing in manuscript
Applican}402si . Agent (if any)
Name WWMI Name MIME.
Address WEMJ {N HOUSE Address 8 3; bA030RROGt0244A4?
Mfém}401$112691034 COUPA031RAMUS ROA024D
.. WRdoWRIE KLAIRAOUURtE
Postcode ' (O . p Postcode PH 10 641'
Contact Telephone 1 W Contact Telephone 1
, Contact Telephone 2 _ Contact Telephone 2
Fax No 024Fax No
E024mail* m: E024mail*
' 030 Mark this box to con}401rmall contact should be
through this representative: EI/
Y No
* Do you agree to correspondence regarding your review being sent by email? mes [:I
Planning authority '2031HZIZW
Planning authority's application reference number _m_
Siteaddress MRICULTUR/(LS I 031, C" I VIE , a?" 030l , 030
AA031A',g451140301!f,- .714'
Descri tion of pro osed
devemgmem p wwvazr EXIS}401NaLNSUSED SWE EU [ma
a b NELUM . 4 SE
Date of applitau'en [21m Date of decision 0f any) W
Note. This notice must be served on the pianning authority within three months of the date of the decision
notice or from the date of expiry of the period allowed for determining the application.
Page 1 of 4
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g V U Notice of Review
32 Nature of appiication , 4
E . '
3 1. Application for planning permission (including householder application) IZ/3 .
Q 2. Application for planning permission in principle D
E 3. Further application Gncluding development that has not yet commenced and where a time limit
8 has been imposed; renewal of planning permission; andlor modi}401cation.variation or removal of D
g a planning condition) . M. ..
g 4. Application for approval of matters speci}401edin_conditions [:1
"' Reasons for seeking review '
1. Refusal of application by appointed of}401cer EX
2. Failure by appointed of}401certo determine the application within the period allowed for D
determination of the application
3. Conditions imposed on consent by appointed of}401cer D
Review procedure - I '
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 andlor inspecting030theland
which is the subject of the review case.
Please indicate what procedure (or combination of procedures) you think is mostappropriate for the
handling of your review. You may tick more than one box it you wish the review to be conducted by a
combination of procedures.
1. Further written submissions a
2. One or more hearing sessions [3/
3. Site inspection '2031
4 Assessment of review documents only, with no further procedure [I
If you have marked box 1 or 2. please expiain here which of the matters (as set out in your statement
below) you believe ought to be subject of that procedure. and why you consider further submissions or a
hearing are necessary:
THE A031PPLiC/ANTSEEHEVE TAM Tue UNIQUE LocAmm i wee
01: T+F254momsms A126 gesrr MPRECiAm BY A §i VISIT»
Site inspection
In the event that the Local Review Body decides to inspect the review site, in your opinion:
Y No
1. Can the site be viewed en}401reiyfrom public land? a D
2 Is it possible for the site to be accessed safely. and without barriers to entry? [2 B
if there are reesons why you think the Local Review Body would be unable to undertake an
unaccompanied site inspection, please explain here:
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g ,
3 . Notice of Review
2 Statement , 031 ,
n .
E _ You must state, in full, why you are seeking a review on your application. Your statement must set out all
Q matters you consider require to be taken into account in determining your review. Note: you may not
Q have a further opportunity to add to your statement of review at a later date. It is therefore essential that
g you submit with your notice of review. all necessary information and evidence that you rely on and wish
3 the Local Review Body to consider as part of your review.
E If the Local Review Body issues a notice requesting further information from any other person or body,
0' you will have a period of 14 days in which to 'comment on any additional matter which has been raised by
that person or body. -
State here the reasons for your notice of review and all matters you wish to raise. If hgg}401gmtbisnaq
g be gentinygd 9r provided030jn}401}402lin a separate document. Yountnay also submit.egslj}401onal.,_documentatignA
;;034'l030}402,191§.!95rn, " " ?I
Have you raised any matters which were not before the appointed of}401cerat the time the Ye N0
determination on your application was made? 031 El
If yes, you should explain in the box below. why you are raising new material, why it was not raised with
the appointed of}401cerbefore your application was determined and why you consider it should now be
considered in your review. '
A 3 WWW REPJRT BY MRMULTURA031LCONSULTANTS SAC 030
WM 6694M139m?» E030(Mpuaw-r Eur 9%0305Commm 00R
ammaL/SMFF SW5 arc) W rrbz NGT Mkwecwm,
S'NME DAY A6 RIZQMMENW a? REFCJW. .
ms [S Ma03411wm(mo SUPPJRrII/EJF W/mmm)Mb
#3 Tmc e :6 (mooem 356-)? Agave
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.3: Notice of Review
a List of documents and evidence
0% 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.
\ .
§ ..
§ " Mtatrt, ams-i' Recommemda/non 4 Rms-M ( t5 Mpuwrs)
g .024§£rc R C by @NSULTANTS) \
°030 024-PMTDS0F Emsrmz, 51,55035
~ Loam'wrx) PLAN 35 SITE PLA-N' 00! 5
«024ELEUM030IONg C P20PoSEb) Ma. 03 A.
Note. The pianning authority will make a copy of the notice of review, the review documents and any
notice of the procedure of the review available for inspection at an of}401ceof the planning authority untii
such time as the review is determined. It may also be available on the planning authority website.
M
Checklist
Please mark the appropriate boxes to confirm you have provided all supporting documents and evidence 030
relevant to your review:
Er Full completion of all parts of this form
[3/ Statement of your reasons for requiring a review
[3/ All documents, materials and evidence which you intend to rely on (e.g. plans and drawings
or other documents) 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 from that earlier consent.
024024024024_024___=_______=__=______
Declaration
l the applicantlagent [delete as appropriate] hereby serve notice on the planning authority to
review the application as set out on this form and in the supporting documents.
Signed Date
M
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E APPEAL against Recommendation of REFUSAL. Ref.22l00477/FLL
§ Proposed CHANGE 0f USE from AGRICULTURAL STORAGE
é BUILDING t0 DWELLING HOUSE for MrW. and Mrs .1. Duncan
\' at 030CASTLEVIEW031,CRAlGlE, CLUNIE, BLAlRGOWRlE, PHlO 6RG
PREAMBLE : Any 030historic031unapproved works at this location took place before
the Applicant took ownership of the land (having rented/worked it for some years
previously) and were not in any way at his behest. He now seeks to regularise
and greatly improve the situation by transforming the existing 'shed'lbuilding into
a home - much better integrated into its rural setting - and continue his modest
livestock-breeding enterprise. The strong case for being 'on site030(animal
welfare) is made elsewhere (see LAND USE).
We propose to address the REPORT OF HANDLING / DELEGATED REPORT031s
Recommendation of REFUSAL, dated 26 May 2022. in the order and
description/headings presented by the Report, as follows:-
SITE VISIT: Given the chequered history of this site (see SITE HISTORY) it is
surprising that the Council's officers did not make a site visit (instead relying on
remote and electronic means) at which time they could have ascertained that
the building is essentially where it received Planning Consent to be. Some
confusion may have been created by the multitude of drawings dating from the
2009 Approval, some of which do show the distance from the NW face of the
building to the access track incorrectly. While this error (seemingly not picked
up by the Council in 2009) has been duplicated in some of the current
Application drawings, it is academic; the building is sited where it got Planning
Consent to be, ie as close to the bottom of the steep slope to the south east
(see photo E1 and Cross Section overleaf) and as far back from the access
track - and, incidentally, less visible 024as is practicable.
BACKGROUND & DESCRIPTION OF PROPOSAL: ( see also VISUAL AMENITY,
DESIGN & LAYOUT). The proposals consist of extensive alterations to the
external appearance to make the building more attractive and appropriate to its
rural setting, with the interior re-modelled to form a comfortable 030retirement030
home for the Applicants which. crucially, will allow Mr Duncan to continue his
small-scale livestock (mainly cattle) business (see also LAND USE). The issue
of drainage is addressed elsewhere.
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§ PROCEDURAL MATIER (DRAINAGE, 030Redline'): The Applicant's Agent only
E "opted" not to include the existing drainage 034withinthe site of the existing
building" because the ground in question is on the other (north west) side of the
access track (which is not in the Applicant031ssole ownership) but is ground
034ownedor controlled" 024IN THIS CASE OWNED - by the Applicant. it is standard
procedure to delineate such ground in blue, which we have done. If the Council
wish us to submit amended drawings showing it delineated in red we are happy
to do so, but we note the Planners "consider it reasonable to process the
Planning Application as it stands".
We agree that 034inthe event of Approval of this Appiication...the issues over
'off-site' drainage should be 034fullyconsidered..."
SITE HISTORY As stated, the site - and 034thesite opposite", ie 'Hawkhiil' , on
the other side of the track - do indeed have 034ahistory of refusals". In the sense
that a previous ownerlApplicant seems to have chosen 024or tried - to get round
Planning Policy by erecting an extensive storage building with the apparent
intention of subsequently converting it to a dwelling, we understand the
Council's difficulty. However we are faced with a fact :- this unlovely structure
exists, is surplus to requirements (it always was) and there is now an opportunity
to make it more attractive/suited to its location, add to the rural housing stock
and provide continuity of 030agricuitural030activity in this rural location. (The
Applicants may be willing to consider 3 Condition that any future sale requires a
commitment to such continuity). The proposals contain an area for storage of
machinery/equipment adequate for a modest livestock operation.
The matter of Private Drainage is addressed below. We note that the issue oi drainage
may be "time barred". which does seem to offer an opportunity to address it in a pragmatic manner...a
modern treatment plant exists after all.
PRE-APPLICATIUN CONSULTATION, NATIONAL POLICY & GUIDANCE, DEVELOPMENT
PLAN, TayPlAN and PKC lOCAl DEVELOPMENT PLAN Noted
OTHER COUNCIL POLICIES, EXTERNAL CONSULTATION POLICIES, PKC [08M DEVELOPMENT PLAN
Noted
REPRESENTATIONS Noted
It is surely significant that no 034notifiedneighbour" or other interested party has
expressed opposition to these proposals. It is our understanding that the local
(7229 e Z 0} 4
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E community approve of, and are happy to encourage, Mr Duncan's livestock V
g activity. As for the volume of traffic generated, this is unlikely to significantly
E increase as the Applicant would be 'on site', not travelling from Blairgowrie
E several times a day (see Land Use below), indeed may well decrease. NB The
°° concern expressed that a similar development to the west (ie the derelict
cottage at 030Hawkhili",on the other side of the access track) might be developed
if this Application is approved is extremely unlikely, the remains of the cottage
being now integrated into a cattle 030shed'.
ADDITIONAL STATEMENTS & APPRAISAL Noted
Policy Appraisal We note that Policy 1 seeks to ensure that new developments
034donot have an adverse impact on the area035.The Applicants are seeking to
greatly reduce the "adverse impact" of the existing structure. by creating an
attractive dwelling (see drawings).
land use We note LDPZ and SP6 2020 seek to 034supportnew housing in the
countryside, in certain circumstances". We propose the circumstances detailed
in this Appeal could hardly be more suitable to qualify for support.
The HITC 2020 definition of 034traditional"-ie being built before 1919 - clearly does
not apply, however within the constraints imposed by the existing structural
'envelope' the Applicant has introduced 030traditional'design elements ( eg dormer
window, timber cladding. re-rendering etc.)
The building is redundant and is used for general storage 024not 'agricultural031
purposes - only because it is there. (The Applicants031proposals contain a much
smaller area for machinery/implement storage, adequate for his needs).
The Council's use of terms such as "farm'j.034detailedjustification labour unit
report"(?), 035mainfarm buildings" etc does seem to be implying that the Applicant
is making over-ambitious claims for his operation. This is not the case.
A detailed Report has been prepared by agricultural consultancy SAC but, unfortunately, due
to circumstances outwith the Applicants' control, this was delayed in its issue by SAC staff
shortages etc due to the recent pandemic, and arrived on the very day that the Planning
Department issued its recammendation of Refusal. However the fact this report was 034inthe
pipeline" was clearly signalled in our 034Backgroundand Supporting Statement035dated 29 March
2022.
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E, .
g This Report is attached and strongly supports the Applicants'case for on-site residency -(we
g would particularly draw attention to pages 6 and 7) - in particular on animal welfare grounds.
g In view of its centrality to the Applicants' case, we enclose a copy of the Report and trust that
°° its contents will be fully taken into account.
Visual Amenity, Design and layout
We note that our proposals 034wouldimprove the appearance of the building" Vi}401th
respect, we suggest the word 035considerably"could reasonably be inserted here.
Making this frankly ugly building into an attractive 'cottage style031dwelling is the
responsible result to aim for.
Roads and Access No comment
Drainage and Flooding
We agree that the previous owner appears to have ignored the 034negatively
worded Cont}401tion"regarding foul drainage; nevertheless the system installed is
more than capable of dealing with the proposals in terms of capacity,
phosphorous discharge etc. The Applicants are happy to provide any technical
evidence requested by the Council, SEPA etc. that the treatment plant is up to
current standards, and carry out any upgrading if required.
We note that the drainageltreatment facility may well now be "immune from enforcement action"; this
surely presents the oppmtunity to regularise the situation (see above).
from 'Conservation' 024030Directionby Scottish Ministers' No comment
CONCLUSION and REASONS FOR DECISION I Justification I Informative:
We contend that we have addressed the concerns and strictures detailed in the
DELEGATED REPORT and request that the Council decline to support the
recommendation to Refuse this Application. We invite them to consider that the
Application should be granted not only to mitigate the 'blighting030of an attractive
comer of Perthshire, but to encourage the continuation of genuine rural activity
by the Applicants.
Signed. on behalf of W and .3 Duncan 024
David Roche D.Arch.. RIAS Agent
Date 29 June 2022
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SAC
g CONSULTING
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Pfannmg Justification Report
Castleview
In suppon 03030035application 22/00477/FLL
Prepared for: W & J Duncan
Prepared by: SAC Consulting
Contact: Mha030riDdgiech
Sandp030merHouse
Rmhven}401ddRoad
Invetalmond Industrial Estate
Perth
PH1 3EE
Date: May 2022
i SACConsq'ng Eadivz030sionafSRUC
Leading the way in Agriculture and Rum] Research, Education and Consulting
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3; Premred for:
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.0303 w & J Duncan
Newbigging House
West George Street
Blairgown'e
PH1O 6132
Prepared by:
SAC Consulting
Contact:
Mhairi Dalgliesh
Sandpiper House
Ruthven}401eldRoad
Inveralmond Industrial Estate
Perth
PH1 3EE
Tel: 01738 636611
Mob: 07765 707671
Email: mhain'.datgliesh@sac.co.uk
Fax: 01738 627660
Reviewed by:
Annette Marshall K
This report has been prepared eieiusively for the m
basis of infonna}401onsupplied, and no responsibility can be accepted for actions taken
by any third party arising from their interpretation of (he infonna}401oncontained in this
document. No other party may rely on the Ieport and if they do, then they rely upon it
at their own risk. No Iesponsibi/ity or liability is accepted for any interpretation made
030 by anyparty that may be made of the contents of this report
W
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E This report has been prepared at the request of Mr William Duncan to supplement a
E planning application for the change of use from an agricultural storage building to a
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E dwettinghouse at Castleview. Craigie.
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Information about the business policy and factors that would support the proposed
application was gathered by Mhain030Dalgliesh, SAC Consulting (Perth) in discussion
with 030Wlth'amBuncan.
The need for the justi}401cationfor the change of use is based around the existing
agricultural business.
This report has been produced in May 2022 from the information provided.
1
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Q3 CONTENTS
8
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% INTRODUCTION 1
8 SUMMARY AND CONCLUSION 2
LABOUR REQUIREMENTS AT CASTLEVIEW 5
THE NEED FOR ON-SITE ACCOMMODATION 6
_AN9MA_L HEALTH mpg}401Ang 5
SECURITY. 7
HEALTHAND SAFETY 030 .. 7
ALTERNATIVEACCOMMODATION030..,...,..,.....,,.030..N.,..,.........,.......u...030,.,..030...030.m.,.,..030......,,......m.u.0307
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3
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3 BACKGROUND 1NFORMA030T030ION
E The business of W & J Duncan farms both sheep and cattle over an area of 5.4
E owned hectares as well as renting additional grazing in the local area. The stock
E includes mainly 8-breeding cattle and their calves as well as the older calves from the
E previous years031calving. 80 currently there is 15 calves on site. Sheep are the smaller
w side of the farming business with 4 sheep being lambed annually. \Mlliam Duncan is
responsible for all of the work involved with the business.
Mr and Mrs'Duncan purchased the site as it currently stands. The building sited at
Castleview was built under planning permission for an agricultural storage building.
However, in my professional opinion, this building is highly unsuitable to be used for
agricultural storage. The doonNay size and roof height is not suitable for access by
agricultural vehicles and machinery to unload agricultural supplies such as feed or
feitiliser far less store the vehicle itself.
Mr and Mrs Duncan have established a very good relationship with the neighbouring
residents who are in support of their farming business and running this farming
business from the site at Castleview.
By Mr Duncan being able to reside on site at Castleview, it would drastically improve
the speed of response should there be any urgenthealth or welfare issues031thatarise
within the stock. If Mr Duncan was living on site, it would be much easier to routinely
check the stock at key times of the year such as calving or lambing, This would
ensure that should there be an issue to address, it can be addressed quickly and cut
out the signi}401cant024ttavelthat Mr Duncan is cunentty (having to undenake.
This is highlighted by a recent example where a cow got into dif}401cultywhile calving
and the distance to which Mr Duncan is form the main taming unit meant that by the
time he got to the cow and got vet assistance to the animal. the cow unfortunately
eould hotbesaved arid MrDuncari test one of~his herd.
This is a prime example of why with sheep and cattle, it is imperative that the farmer
can live on site to monitor stock easily and ensure the high standards of welfare that
Mr Duncan prides himself on are maintained.
Additionally, 'it would increase the general efficiency of farming operations and
increase the overall security of the unit.
3
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b The business of W & J Duncan farms cattle and sheep over an area of 5.6ha (owned
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g land at Castleview) with additional grazing being rented in the local area.
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5 030Fhereis currently no accommodation on site at Castteview however the design ofthe
building that currently exists would be very easily adapted to a dwellinghouse.
There is a need for this change of use application so that VWliam can live on site at
Cas}402eviewto improve the ease of monitoring stock and bringing stock in to shatter to
deal with veterinary or medical issues while also increasing the security of the
farmland.
Based on the current farming activity, the estimated annual tabour requirement
for the farming operations is 0.23 labour units. However, there is a much
stronger argument in terms of practicality and animal welfare.
-030|'~hisreport fully supports the application to change the use le agricuttural
storage building at Castleview to a dwellinghouse.
'2
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H -'Fhe030buildingis 'in an ideal tocation to monitor stock in the surrounding }401etdsand atso
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g access the areas of shelter/sheds.
S The change of use to this existing building would not negatively impact on other
E residents' views.
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5 -The -Iand around the existing building has no environmental signi}401canceor
w 030 designated sites associated with it such as Sites of Special Scienti}401cInterest (SSSI).
Furthermore, there are no listed buildings or scheduled monuments near the existing
building. Therefore, any changes that are proposed to the building would not result in
a030lossof any environmental orhistoric features.
4
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: LABOUR REQUIREMENTS A'T CASTLEVtEW
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S Using Standard Labour Data for Agricultural and Horticultural Activities, sourced from
E Defra UK Farm Classi}401cationDocument (October 2014). and information on existing
0
E 'land areas and 'livestock numbers theiabour pro}401lefor the farming enterprises was
5 calculated.
The calculation shows that the current farming system at Castleview has the
justi}401cation-for 0:23 iabour units. The background information given above highlights
the essential need for the dwellinghouse at Castleview.
This is a modest assessment of the labour needed as it does not account for the
ever-increasing administrative tasks required'by Tanning -businesses-for reguiaiion or
accountancy purposes.
The Standard Work Capacity is taken as 1,900 hours/person/year. This is calculated
on the assumption that one person would work'39 hours per week and takes iilness'
and public holidays etc. into account.
Land Area (ha) HoursIAnnum/Ha Total
024024__024__024__
Grassland 024Grazing 5.6 8.1 1-7.03036
Sub total 1 7. 36
Livestock Number HoursIAnnum/Number Total
a
Beefeows 8 26 208
Other cattle 15 12 180
Ewes and rams (LFA) 4 3.7 14.8
Lambs (non024LFA) 8 3.1 24.8
Sub total 427.6
-TOTA-L 444.96
Standard Labour Unit 1,900. 00
LABOUR REQUIREMENT (LU) 0.23
Table 1: Labour Requirements at Castleview
5
Wm.
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E 'THE NEED FOR GN-SH030EA666MM66A030T10N
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S Animal Health and Welfare
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E 030WithMrDuncan able tO'live on site, it will make routine supervision ofthe sheep and
E wttle far easier and ensure high levels of animal welfare are maintained.
A This will be crucial at the times of the year when the stock require frequent
monitoring such as lambing and calving. With a permanent presence on site, it would
ensure that Mr Duncan could pen up cows or sheep on site that require particular
attention or supervision and be assured that he could keep a very close eye on them.
Whereas currently with no dwellinghouse on site, he requires to house stock that
require close attention in a trailer outside is home which is a far from ideal
arrangement. ~
Wth sheep, they require close attention and care at lambing time to check for
pregnancy toxaemia, lambing issues or abortion. If a ewe is having di}402icultylambing.
then a timely response is critical to be able to save both the ewe and the unborn
lamb. The same applies -to calving cows and -this was highlighted 'by Mr'Duncan031s
unfortunate and avoidable loss of a cow during the 2022 calving period.
Vinthin the cattle, sudden illness and injury are all issues that can arise and reasons
why MrDuncan requires «to «live on sitetobe ableto regularlymonitorthe stock at all
times of the day. \Mthin sheep, issues such as }402ukeand blowfly strike are common
with 1.5% of ewes and 3% of lambs in the UK affected each year by blow}402ystrike.
However, symptoms are not always obvious hence why sheep need daily checking
throughthehigh-ris'krperidds.
Ef}401ciency
Having somebody on-site on a permanent 'basis is essential to conduct aspects of
running the business such as taking delivery of fertiliser, feed and supplies. By
having somebody onsite would help manage the checking and unloading of inputs. If
Mr Duncan was able to live on024sitethen this would help to ensure the ef}401ciencyof
working practices.
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'5; Security
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3 Security is a hugely important consideration for this business. Opportunist theft and
S vandalism are ever increasing incidents in the rural area. These incidents result in
E much aggravation and add to the daily operations on the business 031butare also a
E severe }401nancialburden.
g
A Currently, with nobody living at Castleview on a permanent basis, the site is at an
even greater risk of'being subjectedtothe}401or vandalism.
Health and Safety
Mith the increasing awareness-by the public of their access rights to the countryside
there is potential for safety problems at Castleview resulting from people not fully
understanding their responsibilities in the countryside. Therefore, on024site
accommodation is essential to allow better control of people entering the farmland at
Castleview and ensure that they do not compromise their safety or that of the
livestock.
The main n030sksat Castleview include:
o Stock'being'let out of }401eldsand gaining access to roads.
0 Movement of machinery such as tractors
These risks are all manageable when there is appropriate sta}402on-site to help
educate people and to direct people away from causing potentiaI-hannfui situations.
Alternative Accommodation
eurrentiy Mr-Duncan -is 030living030inBiairgown'e and needs to complete frequent trips to
be able to property care for his stock. These trips are resulting in excessive fuel use
in order to be able to farm effectively. in May 2022, a spend of £120 on fuel was
lasting less than 2 weeks due to the number and frequency of trips in the pick-up that
were required. .._. , .. ,.
No dwelling houses or plots oftand-have been sold -byMr and Mrs Duncan 'in the'last
5 years. There are no vacant houses in the immediate vicinity to Castleview that Mr
and Mrs Duncan could move into.
However, the030building(initially'built as an agricultural storage shed) that sits at
Castleview is designed in a way that it could easily transition to a house.
The approval of this change of use appiication would mean that this building could be
utilised and given a purpose rather than solely being used for occasional items of
storage as happens currently.
7
204

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209

Page 28

Page 29

4(iii)(b)
LRB-2022-36
LRB-2022-36
22/00477/FLL – Change of use from agricultural storage
building to dwellinghouse, including alterations, extension
and installation of flue, land 160 metres north east of Logie
Brae Farm, Craigie, Clunie, PH10 6RG
PLANNING DECISION NOTICE 
REPORT OF HANDLING 
REFERENCE DOCUMENTS (part included in
applicant’s submission, page 205)
211

Page 30

Page 31

Page 32

Page 33

REPORT OF HANDLING
DELEGATED REPORT
Ref No 22/00477/FLL
Ward No P5- Strathtay
Due Determination Date 6th June 2022
Draft Report Date 25th May 2022
Report Issued by AMB Date 26 May 2022
PROPOSAL: Change of use from agricultural storage building to
dwellinghouse, including alterations, extension and
installation of flue
LOCATION: Land 160 Metres North East Of Logie Brae Farm
Craigie Clunie 
SUMMARY:
This report recommends refusal of a detailed planning application for the change of
use of an existing agricultural building to a dwelling on a site outside Clunie, 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 proposal seeks the change of use of an existing modern agricultural building to
a dwelling, on a rural site outside Clunie within the Lunan Valley area. To facilitate
the change of use, some external alterations are proposed – which include dormers
at first floor level as well as other window / door alterations, and a small extension.
The main fabric of the building will remain. 
The site is accessed via private access, and it is proposed to connect to an existing
private drainage system which has been installed off site – and outwith the planning
red line planning site. 
PROCEDURAL MATTER
215

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Drainage / Redline
It is noted that the applicant has opted not to include the proposed drainage system
within the planning unit. In this case, they have connecting to an existing system,
which has not obtained planning permission in its own right and its installation is
specifically contrary to the terms of the planning permission which related to the
existing agricultural building. 
Drainage for this site is particularly sensitive, and is part of one of the main planning
issues. The exclusion of it from the planning application site is a concern, as any
forthcoming planning permission will seek control over the drainage system, which is
far more challenging if the system is outwith the redline - albeit within a blue line
which represents land within the applicants control. 
However, in this case as the ultimate recommendation is for a refusal it is considered
reasonable to process the planning application as it stands, however if in the event
of any approval of this application being forthcoming the issues over off site drainage
and controls over it should be fully considered before a decision is issued. 
SITE HISTORY
The area (including the site itself) has a very long history of refusals relating to a
combination of new build residential, and the siting of both temporary and permanent
caravans – all with new foul drainage. The most recent of which was 18/00489/IPL
for a new dwelling on the site opposite. 
An agricultural shed was approved on this site in 2009 (09/00170/FUL) however from
looking at the plans and images form Google, the shed has actually been built
approx. 10m further SE from the details shown on 2009 application, and drainage
installed. 
Condition 4 of the 2009 permission explicitly excluded private drainage. 
Both these elements may now however be time barred – if commenced / installed
10+ years ago, which is possible but not proven. 
PRE-APPLICATION CONSULTATION
A pre-application response was issued to the agent concerning this development
(19/00339/PREAPP), which raised concerns over the proposal’s compatibility with
the LDP2 and the SPG on Housing in the Countryside. 
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.  The SPP looks to support new housing in the open countryside
216

Page 35

in sustainable locations, and to protect our environmentally sensitive sites from
inappropriate new developments. 
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 within the landward area of the LDP2, and within the Lunan Valley
area where the following policies are applicable, 
Policy 1A: Placemaking  
Policy 1B: Placemaking  
Policy 5: Infrastructure Contributions  
Policy 19: Housing in the Countryside 
Policy 45A: Lunan Lochs Catchment Area  
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. 
Housing in the Countryside 2020
This is the most recent expression of Council policy towards new housing in the
open countryside. 
EXTERNAL CONSULTATION RESPONSES
Scottish Water have commented on the proposal and raised no objections. 
217

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INTERNAL COUNCIL COMMENTS
Transport Planning have commented on the proposal and have raised no
objections in terms of the proposed vehicular access and parking issues. 
Development Contributions Officer has commented on the proposal and indicated
that a developer contribution in relation to Primary Education is required in the event
of any approval being forthcoming. 
Environmental Health have commented on the proposal in terms of the proposed
stove and air quality and have recommended a standard condition to be attached to
any permission. 
Biodiversity/Tree Officer was consulted on the proposal but have opted not to
make any specific comment. 
REPRESENTATIONS
One letter of representation has been received, which is a neutral comment. 
The main points raised within this letter is that there is a concern that if this
application is approved, a similar proposal will be supported (eventually) to the west
ie consent for a agricultural store proposed, then in the future a further application
lodged for a dwelling. 
A concern has also been raised about the volume of traffic using the private access. 
ADDITIONAL STATEMENTS
Screening Opinion EIA Not Required
Environmental Impact Assessment (EIA):
Environmental Report
Not applicable
Appropriate Assessment AA Not Required (refusal)
Design Statement or Design and Access
Statement
Submitted
Report on Impact or Potential Impact 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.
In terms of other planning considerations, consideration of the Council’s SPG on
Placemaking, Housing in the Countryside and also Developer Contributions are all
material considerations. 
218

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Policy Appraisal
In terms of land use policies, the key policies are found within the LDP2.
Within that plan, Policy 1 (Placemaking), 19 (Housing in the Countryside) and also
45 (Lunan valley) are all relevant.
Policy 1 seeks to ensure that all new developments do not have an adverse impact
on the area in which they are located, whilst Policy 19 is the LDP2 version of the
HITC policy and needs to be read in conjunction with the SPG of 2020. Both these
policies offer support for new housing in the open countryside, in certain instances.
Policy 45 looks to protect the environmentally sensitive Lunan Valley area, and to
control private drainage.
Land Use
The site is located within the landward area, where the housing in the countryside
policies are applicable – as contained within the LDP2, and the SPG of 2020. Both
these documents look to offer support for new housing in the open countryside in
certain instances.
The proposal is not part of a building ground, not an infill site, not a renovation or
replacement of an existing house and is not a brownfield site.
The HITC polices offer support for the conversion (or replacement) of non-residential
buildings, but this only relates to traditional buildings – not modern ones. The fact
that this agricultural store has been wet dashed and finished with slates does not
make it traditional.
The HITCG 2020 defines ‘traditional’ as being a building which was built before
1919, and as such the proposal does not accord with this section of the HITC
policies. There is also some doubt about whether or not the building is redundant, or
still in use. If the building is not redundant, then as well as not being traditional, it
would also not align with the redundant element of the HITC policy.
The HITC policies also offer support for economic need housing, and some mention
of this has been made within the applicant’s supporting submission. However, the
extent of the ‘blue line’, which indicates land within the applicant’s control appears
relevantly small for a functional farm unit and there is no indication of what is
occurring on the land in terms of a functional farm operation, and a detailed
justification labour unit report. There is also no details of where the main farm
buildings are, and how the farm functions.
Ultimately, there is insufficient information available to demonstrate beyond
reasonable doubt that firstly, there is a genuine farm operation in existence and
secondly that there is a need for onsite presence.
In all, the proposal does not accord with the HITC as contained within the LDP2 or
the SPG of 2020.
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Visual Amenity, Design and Layout
In terms of the impact on the visual amenity of the area, the proposed changes
would improve the appearance of the dwelling, 
However, this alone is not a reason for supporting the proposal when the principle of
a residential use on the land is not acceptable and there remains a concern over the
proposed drainage arrangements. 
Residential Amenity
The proposal does not directly affect any existing residential amenity. A standard
condition should however be attached to any permission in relation to the stove, to
ensure air quality is protected. 
In terms of being able to provide a suitable level of residential amenity for future
occupiers of the dwelling, a suitable level of usable amenity space is being delivered
for the size of dwelling proposed. 
Roads and Access
The proposal raises no issues in terms of road relates matters. 
Drainage and Flooding
In terms of drainage issues, the site is located within an environmentally sensitive
area which is locally known as the Lunan Valley. New stand-alone systems are not
generally permitted within this area, and a new development must ensure that the
total phosphorus discharge must not exceed the current level. 
In this case, the approved agricultural unit had a negatively worded condition which
was explicit insofar as no foul drainage was to be approved. Regardless of whether
or this element is immune from enforcement action, it is unregulated and
unconsented, and the exact details of the system which has been installed has not
been provided.  
No details of many people have been using the inside toilet have been submitted,
what the capacity of the existing system is and how it discharges - so even working
on a basis that the system is now immune from enforcement, if it cannot be
demonstrated that the existing usage would be comparable to a family home – the
proposed residential use would not comply with Policy 45 of the LDP2 as it has not
been demonstrated that the phosphorus discharge from this development does not
exceed current levels. 
It is also not clear is a CAR licence is in place for the existing system, and the
proposed system is outwith the red line planning site. 
Conservation Considerations
The proposal does not impact on any cultural heritage issues. 
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Natural Heritage and Biodiversity
The proposed drainage arrangements could have an adverse impact on the integrity
of the Lunan Valley area, which is environmentally sensitive. In the event that the
existing building, which has been built with slates, has been empty for some time
then there could be local or protected habitats using the building and this should be
assessed further in the event of any approval being considered. 
Developer Contributions
In the event of any approval being forthcoming, a developer contribution in relation to
Primary Education would be required to be secured. 
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
The planning application has not been varied. 
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
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 Development Plan.
Accordingly the proposal is refused on the grounds identified below. 
1 The proposal is for a conversion of a non-traditional building in an isolation
location, which is not part of a building group or an infill opportunity. There is
insufficient evidence to demonstrate that there is a justified economic need for
a dwelling in this location. To this end, the proposal is contrary to Policy 19
(Housing in the Countryside) of the adopted Perth and Kinross Local
Development Plan 2 (2019) and the associated Housing in the Countryside
Guide 2020 as the development does not accord with any of the 6 listed
categories of acceptable development. 
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2 It has not been demonstrated that the total phosphorus discharge from the
development will not exceed the current level permitted by an existing SEPA
CAR discharge consent licence/authorisation, in accordance with the Water
Environment (Controlled Activities) (Scotland) Regulations 2011 (as
amended). In addition, the proposed (current) private drainage system is
outwith the planning application site which reduces the ability for any potential
conditional control. To this end, the proposal is contrary to Policy 45 (Lunan
Lochs Catchment Areas) of the adopted Perth and Kinross Local
Development Plan 2 (2019) which seeks to protect the environmentally
sensitive lochs by controlling foul drainage arrangements for new
developments. 
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
The applicant should be aware that an enforcement investigation in relation to the
authorised foul drainage system, and the amended location of the approved
agricultural shed - is to commence. 
Procedural Notes
Not Applicable.
PLANS AND DOCUMENTS RELATING TO THIS DECISION
01 – 07 (inclusive) 
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4(iii)(c)
LRB-2022-36
LRB-2022-36
22/00477/FLL – Change of use from agricultural storage
building to dwellinghouse, including alterations, extension
and installation of flue, land 160 metres north east of Logie
Brae Farm, Craigie, Clunie, PH10 6RG
REPRESENTATIONS
231