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Minute of Meeting of Local Review Body of 16 January 2023

Perth and Kinross Council · 16 January 2023
Back to Local Review Body — 16 January 2023 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 Monday
16 January 2023 at 1:00pm. 
Present: Councillors B Brawn, D Cuthbert, G Stewart (for Item 4(vii) only) and Bailie
M Williamson. 
In Attendance: R Burton (Planning Adviser), C Elliott, (Legal Adviser) and J Guild
(Committee Officer) (all Corporate and Democratic Services). 
Also Attending: A Brown and M Pasternak (both Corporate and Democratic
Services) and C Brien (Communities). 
1. WELCOME 
Councillor Brawn welcomed all present to the meeting. 
2. DECLARATIONS OF INTEREST 
In terms of the Councillors’ Code of Conduct, Councillor D Cuthbert declared
a non-financial interest in Item 4(vii). 
3. MINUTES 
The minute of meeting of the Local Review Body of 20 December 2022 was
submitted and noted. 
THE COMMITTEE UNANIMOUSLY AGREED TO VARY THE ORDER OF
BUSINESS AT THIS POINT. 
HAVING DECLARED A NON-FINANCIAL INTEREST IN THE FOLLOWING
ITEM, COUNCILLOR D CUTHBERT LEFT THE CHAMBER. 
COUNCILLOR G STEWART JOINED THE MEETING. 
4. APPLICATIONS FOR REVIEW 
(vii) LRB-2022-56
Planning Application – 22/00739/FLL – Part change of use of
dwellinghouse to form a beauty salon, 29 Croft Wynd, Milnathort
KY13 9GH – Mrs S Kellett 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse part change of use of
dwellinghouse to form a beauty salon, 29 Croft Wynd, Milnathort. 
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.

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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 part change of use of dwellinghouse to
form a beauty salon, 29 Croft Wynd, Milnathort, Kinross, be
granted, subject to the following:
1. The imposition of relevant conditions and informatives,
including conditions to ensure (i) only the applicant is
permitted to work from the premises; (ii) times of
operation are limited to 9am – 5pm Monday to Friday and
9am – 12pm Saturday; (iii) the permission pertains to the
current applicant only and will cease should the property
be sold and; (iv) permission be granted for an initial
period of three years only, all to ensure residential
amenity of the area is protected. 
Justification
With the imposition of relevant conditions, Members considered
the proposal to be in accordance with the Development Plan. 
COUNCILLOR G STEWART LEFT THE MEETING AT THIS POINT. 
COUNCILLOR D CUTHBERT RETURNED TO THE CHAMBER FOR THE
FOLLOWING ITEMS OF BUSINESS. 
(i) LRB-2022-49
Planning Application – 21/02195/FLL – Erection of a
dwellinghouse, Land 30 metres West of Wester Carmichael
Cottage, Forgandenny Road, Bridge of Earn PH2 9EZ – Ms R
McFadzean 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse erection of a dwellinghouse,
Land 30 metres West of Wester Carmichael Cottage, Forgandenny
Road, Bridge of Earn.   
The Planning Adviser displayed photographs of the site and described
the proposal, and thereafter summarised the Appointed Officer’s
Report of Handling and the grounds set out in the Notice of Review. 
Decision:
Resolved by unanimous decision that:
(i) having regard to the material before the Local Review Body and
the comments from the Planning Adviser, sufficient information
was before the Local Review Body to determine the matter
without further procedure.

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Thereafter, resolved by unanimous decision that:
(ii) the review application for erection of a dwellinghouse, Land 30
metres West of Wester Carmichael Cottage, Forgandenny
Road, Bridge of Earn, 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 2020, as the
scale/mass/design of the dwelling proposed would not
meet the criteria outlined under Category 1 which
requires that new housing respect the character, scale
and form of the group, should not detract from the visual
amenity of the group and that a high standard of
residential amenity has not been provided for existing
dwellings. 
2. The proposal is contrary to Policies 1A and 1B (c)
(Placemaking) of the Perth and Kinross Local
Development Plan 2 (2019) and the Placemaking
Supplementary Guidance 2020, which all seek to ensure
that all new developments contribute positively to the
quality of the surrounding built and natural environment,
and that all proposals complement its surroundings in
terms of appearance, height, scale, massing, materials,
finishes and colours.  Due to a combination of the scale,
height, massing and appearance of the dwelling,
compounded by the tapering nature of the site and siting
adjacent to a modest cottage, the proposal is not
considered to contribute positively to the surrounding
environment. 
Justification
The proposal is not in accordance with the Development Plan
and there are no material reasons which justify departing from
the Development Plan. 
(ii) LRB-2022-50
Planning Application – 22/00841/FLL – Siting of 4 holiday
accommodation units and associated works, Land 350 metres
South West of Glensherup Farm, Glendevon, FK14 7JY –
Glensherup Cabins 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse siting of 4 holiday
accommodation units and associated works, Land 350 metres South
West of Glensherup Farm, Glendevon.   
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.

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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 siting of 4 holiday accommodation
units and associated works, Land 350 metres South West of
Glensherup Farm, Glendevon, be refused for the following
reasons:
1. The layout of the proposal is not considered to respect
the character or contribute positively to the quality of the
natural environment contrary to Policy 1A and 1B (b) of
the Perth and Kinross Local Development Plan 2 (2019). 
2. The proposal is contrary to Policy 39 of the Perth and
Kinross Local Development Plan 2 (2019) and the
Landscape Supplementary Planning Guidance 2020 as
the development will erode local distinctiveness, diversity
and quality of Perth and Kinross’s landscape character,
visual, scenic qualities of the landscape and quality of
landscape experience.
3. There is a lack of information on water supply for the site. 
The location and connection to the private supply has not
been shown.  Clarity should be provided on the supply
arrangement and connection to this infrastructure and
how it relates to the application sites redline boundary to
enable assessment against Policy 53E: Water Supply of
the 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. 
Note
Councillor Brawn dissented from the majority opinion.  He considered
the attractive, isolated location to be suitable for the proposed design of
holiday accommodation units, which would blend into the surrounding
area.  He also considered the conditions relating to unsustainable
travel patterns not relevant to this application.  With the opportunity to
seek additional information in relation to passing places and water
supply for the site, he considered the proposal to be in accordance with
the Development Plan.

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(iii) LRB-2022-51
Planning Application – 21/01685/FLL – Siting of 2 holiday
accommodation units and associated works, Land 30 metres
North East of Stable Cottage, Huntingtowerfield PH1 3JL – Mr G
Whyte 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse siting of 2 holiday
accommodation units and associated works, Land 30 metres North
East of Stable Cottage, Huntingtowerfield.   
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.
(ii) Thereafter resolved by unanimous decision that:
the review application for siting of 2 holiday accommodation
units and associated works, Land 30 metres North East of
Stable Cottage, Huntingtowerfield, 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).  The style and design of the caravan units, which
incorporate a large outdoor decking area, along with the
intensification of the sites use is considered to conflict
with the residential amenity of the area.
2. The layout and design of the proposal is not considered
to respect the residential character of the area or illustrate
that site infrastructure can be installed in a way which still
contributes positively to the quality of the nature
environment or the wider landscape character of the
area.  Accordingly, the proposal is contrary to Policy 39:
Landscape, Policy 40A and 40B as well as Placemaking
Policies 1A and 1B (c) of the Perth and Kinross Local
Development Plan 2 (2019). 
3. The proposal is contrary to Policy 9B: Caravan Sites,
Chalets and Timeshare Developments: New and
Expanded Touring Caravan, Motorhome, Campervan,
and Camping Sites, of Perth and Kinross Local
Development Plan 2 (2019), as the proposal fails to
comply with the Placemaking Policies 1A and 1B (c).
4. There is a lack of information, there is no drainage
information illustrating how surface water and foul
drainage will be managed to comply with Policy 53B:
Water Environment and Drainage: Foul Drainage, Policy

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53C: Water Environment and Drainage: Surface Water
Drainage of the 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-2022-53
Planning Application – 22/00801/IPL – Erection of a dwellinghouse
(in principle), Land 70 metres North of Cairnie House, Cairnie
Road, St Madoes – Mrs A Burns 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse erection of a dwellinghouse
(in principle), Land 70 metres North of Cairnie House, Cairnie Road, St
Madoes. 
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.
(ii) Thereafter resolved by unanimous decision that:
the review application for erection of a dwellinghouse (in
principle), Land 70 metres North of Cairnie House, Cairnie
Road, St Madoes, be refused for the following reasons:
1. The proposal does not comply with Policy 19 Housing in
the Countryside of the Perth and Kinross Local
Development Plan 2 (2019) and associated Housing in
the Countryside Supplementary Guidance as the
proposed dwelling does not meet any of the defined
categories which permit the erection of dwellings in the
countryside. 
2. The proposal does not comply with Policy 50: Prime
Agricultural Land of the Perth and Kinross Local
Development Plan 2 (2019) as the sire is outside an
identified settlement on prime agricultural land where it
does not meet any expectations that would allow
development on prime agricultural land. 
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-2022-54
Planning Application – 22/00032/FLL – Erection of a
dwellinghouse, agricultural/forestry storage building, stables and
associated works, land 180 metres East of Garden Cottage,
Auchterarder PH3 1PP – Mr and Mrs I Pirie 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse erection of a dwellinghouse,
agricultural/forestry storage building, stables and associated works,
Land 180 metres East of Garden Cottage, Auchterarder. 
The Planning Adviser displayed photographs of the site and described
the proposal, and thereafter summarised the Appointed Officer’s
Report of Handling and the grounds set out in the Notice of Review. 
Decision:
Resolved by unanimous decision that:
(i) having regard to the material before the Local Review Body and
the comments from the Planning Adviser, insufficient information
was before the Local Review Body to determine the matter
without further procedure.
(ii) The applicant to produce further information namely: 1. a tree
survey, 2. an ecological report, 3. further information on the
proposed foul drainage system and the surface water drainage
system including their location and operation measures and 4.
further information on the existing private track connecting to the
U25 road particularly with regard to visibility splays, with
Development Management to comment on all submissions. 
(iii) An unaccompanied site visit to be undertaken. 
(iv) Following receipt of all information and responses, the
application be brought back to a future meeting of the Local
Review Body. 
(vi) LRB-2022-55
Planning Application – 22/01083/FLL – Extension to
dwellinghouse and formation of raised terrace (revised design),
Fermoyle, Glenfoot, Abernethy, Perth PH2 9LS – Mr J Haslam 
Members considered a Notice of Review seeking a review of the
decision by the Appointed Officer to refuse extension to dwellinghouse
and formation of raised terrace (revised design), Fermoyle, Glenfoot,
Abernethy, Perth. 
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

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was before the Local Review Body to determine the matter
without further procedure.
Thereafter resolved by majority decision that:
(ii) The review application for extension to dwellinghouse and
formation of raised terrace (revised design), Fermoyle, Glenfoot,
Abernethy, Perth, be granted subject to the imposition of
relevant conditions and informatives. 
Justification
Members considered that although the proposal is not in
accordance with the Development Plan, it is in keeping with
other properties within the general area.   
Note
Bailie Williamson dissented from the majority opinion.  He considered
the proposal to be contrary to the Development Plan and saw no
material reasons which justified departing from the Development Plan.