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22/00529/Fll

Perth and Kinross Council · 1 June 2022
Back to Planning and Placemaking Committee — 1 June 2022 and its agenda

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Perth and Kinross Council
Planning and Placemaking Committee – 1 June 2022
Report of Handling by Head of Planning & Development
(Report No. 22/116) 
PROPOSAL:  Erection of an agricultural building 
LOCATION: Land east of Moivaird House, Ochtertyre, Crieff PH7 4JR 
Ref. No: 22/00529/FLL
Ward No: P6- Strathearn 
Summary 
This report recommends approval of the application as the development is
considered to comply with the relevant provisions of the Development Plan and
there are no material considerations apparent which outweigh the Development
Plan. 
BACKGROUND AND DESCRIPTION OF PROPOSAL 
1 The application site comprises agricultural land, extending to approximately 2
hectares to the east of Moivaird House, which is in the same ownership as the
residential dwellinghouse. 
2 The proposal seeks detailed planning permission for the erection of an L-shaped
timber agricultural shed, which has a modest footprint of 45sqm. The shed would
have benefitted from permitted development rights, and the simplified prior
notification process, had it not been for ground works being carried out in
preparation for the shed. 
Pre-Application Consultation 
3  Not Applicable. 
4 The proposed development is not classed as a Major development in terms of
the Town and Country Planning (Hierarchy of Developments) (Scotland)
Regulations 2009. Therefore, the applicant was not required to undertake any
formal pre-application consultation with the local community. 
NATIONAL POLICY AND GUIDANCE 
5 The Scottish Government expresses its planning policies through The National
Planning Frameworks, the Scottish Planning Policy (SPP), Planning Advice
Notes (PAN), Creating Places, Designing Streets, National Roads Development
Guide and a series of Circulars.

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6 The Scottish Planning Policy 2014 (SSP) 
7 The Scottish Planning Policy (SPP) sets out national planning policies which
reflect Scottish Ministers’ priorities for operation of the planning system and for
the development and use of land. The SPP promotes consistency in the
application of policy across Scotland whilst allowing sufficient flexibility to reflect
local circumstances. It directly relates to: 
• The preparation of development plans;
• The design of development, from initial concept through to delivery; and
• The determination of planning applications and appeals. 
8 The following sections of the SPP will be of particular importance in the
assessment of this proposal: 
• Sustainability: paragraphs 24 – 35
• Placemaking: paragraphs 36 – 57
• Gardens and Designed Landscapes: paragraph 148   
Planning Advice Notes 
9 The following Scottish Government Planning Advice Notes (PANs) and
Guidance Documents are of relevance to the proposal: 
• PAN 40 Development Management 
DEVELOPMENT PLAN 
10 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 
11 TAYplan sets out a vision for how the region will be in 2036 and what must
occur to bring about change to achieve this vision. The vision for the area as
set out in the plans states that: 
“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 
12 The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for
the area and states that, “Our vision is of a Perth and Kinross which is dynamic,
attractive and effective which protects its assets whilst welcoming population
and economic growth.”  It is the most recent statement of Council policy and is
augmented by Supplementary Guidance. The principal relevant policies are, in
summary:

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• Policy 1A: Placemaking
• Policy 1B: Placemaking
• Policy 29: Gardens and Designed Landscapes
• Policy 39: Landscape 
Other Policies 
Developer Contributions and Affordable Housing Supplementary
Guidance April 2020 
13 This document sets out the Council’s policies on Developer Contributions in
relation to Primary Education and Transport Infrastructure/A9 junction
upgrades, as well as setting out what Affordable Housing provision is required
for new developments. 
SITE HISTORY 
14 09/01975/FLL Full Planning Permission was Approved On 20 January 2010
for Alterations and extension to house 
15 12/01917/FLL  Full Planning Permission was Approved On 7 January 2013 for
Alterations and extension to dwellinghouse 
16 15/00048/FLL Full Planning Permission was Approved On 23 April 2015 for
Alterations and extension to existing dwellinghouse to form a larger modified
dwellinghouse. 
17 21/02301/FLL Full Planning Permission application was Withdrawn On 14
March 2022 for Erection of an agricultural building 
CONSULTATIONS 
18 As part of the planning application process the following bodies were consulted: 
External 
19 Scottish Water - No objection received. 
20 Historic Environment Scotland - No adverse comments on the impact of the
proposals on the Ochtertyre Garden and Designed Landscape. 
Internal 
21 Transport Planning - The proposal would utilise an existing vehicular access
from the adjacent private access track – No objections.  
Representations 
22 A total of 7 letters of representation have been received in respect of the
current application. The main issues raised within the representations are:

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• The proposal is contrary to the development plan
• Large proportions of the shed would be at odds with the area
• Impact of proposal on the designed landscape and surrounding area
• Potential of the timber shed to turn into a steading conversion for domestic
use
• Inadequate access and increase in volume of traffic 
23 These issues are addressed in the Appraisal section of the report. Speculative
concerns regarding potential future developments are not a material planning
consideration. 
ADDITIONAL STATEMENTS  
Screening Opinion  EIA Not Required
Environmental Impact Assessment (EIA):
Environmental Report
Not Applicable
Appropriate Assessment Habitats Regulations –
AA Not Required
Design Statement or Design and Access
Statement
Not Required
Report on Impact or Potential Impact eg Flood
Risk Assessment
Not Required 
APPRAISAL 
24 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as
amended) require the determination of the proposal to be made in accordance
with the provisions of the Development Plan, unless material considerations
indicate otherwise.  The adopted Development Plan comprises the TAYplan
Strategic Development Plan 2016–2036 and the Perth and Kinross Local
Development Plan 2019.  The relevant policy considerations are outlined in the
policy section above and are considered in more detail below. 
Principle 
25 The provision of storage facilities on agricultural land, for the storage of
equipment to maintain the land, is generally considered to be acceptable in
principle. Nevertheless, consideration must be given to the specific details of
the proposed development, within the context of the application site, and
whether it would have an adverse impact on visual or residential amenity, the
character and appearance of the place or the designed landscape. 
Design and Layout 
26 The proposed timber agricultural shed has an L-shaped footprint with a shallow
pitched roof. It would measure 2.7 metres in height, with a maximum width of
7.4 metres and a maximum depth of 9.6 metres. It would be located within
agricultural land between Moivaird House and the ancillary outbuilding at the
neighbouring property, Gamefield. The position of the corner shed has been

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selected by the applicant to sensitively integrate the proposal into the
surrounding built and natural environment as the location benefits from mature
beech hedging which exceeds the height of the proposed shed. 
Landscape 
27 Policies 29 (Ochtertyre Garden and Designed Landscape) and 39 (Upper
Strathearn Local Landscape Area) of LDP2 seek to safeguard the sensitive
nature of the protected landscape. The proposal consists of a low-rise, small
scale, implement and storage shed which would be sited within a well-screened
corner of the agricultural land. The proposal meets the requirements of policies
29 and 39. Therefore, concerns raised regarding the proposal having an
adverse impact on the landscape character of the area cannot be
substantiated. 
Residential Amenity 
28 Given the position and nature of the proposed agricultural building, the
residential amenity of neighbouring properties would not be adversely affected.
In the interests of establishing a clear distinction between the domestic
curtilage of Moivaird and its adjacent agricultural land, the applicant has offered
to build a separation fence with associated field access gate between the two
areas of land, along the blue dotted line on the site plan (drawing 04). This can
be secured by condition (Condition 2). 
Visual Amenity 
29 The agricultural storage shed is of small proportions, with a footprint of 45sqm,
and its L-shaped footprint would fit well within the corner of the agricultural land.
Therefore, it does not raise any concerns with regards to having an adverse
impact upon visual amenity. Therefore, policies 1A and 1B of LDP2 are
satisfied. 
Roads and Access 
30 The proposal would utilise an existing vehicular access from the adjacent
private access track. Vehicular activity along the private access track is unlikely
to substantially increase as a result of the proposed storage shed. Accordingly,
there are no road or access concerns associated with this proposed
development. 
Drainage and Flooding 
31 There are no drainage or flooding implications associated with this proposed
development. 
Developer Contributions 
32 No developer contributions are required for the scale of agricultural
development proposed.

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Economic Impact 
33 The economic impact of the proposal is likely to be minimal and limited to the
construction phase of the development. 
PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 
34 None required.   
DIRECTION BY SCOTTISH MINISTERS 
35 Under the Town and Country Planning (Development Management Procedure)
(Scotland) Regulations 2013, regulations 30 – 33 there have been no directions
by the Scottish Government in respect of an Environmental Impact Assessment
screening opinion, call in or notification relating to this application. 
CONCLUSION AND REASONS FOR RECOMMENDATION 
36 To conclude, the application must be determined in accordance with the
adopted Development Plan unless material considerations indicate otherwise.
In this respect, the proposal is considered to comply with the approved
TAYplan 2016 and the adopted Local Development Plan 2 (2019).  Account
has been taken account of the relevant material considerations and none has
been found that would justify overriding the adopted Development Plan.
Accordingly, the proposal is recommended for approval subject to the following
conditions. 
A RECOMMENDATION   
Approve the application 
Conditions and Reasons for Recommendation 
1. The development hereby approved must be carried out in accordance with the
approved drawings and documents, unless otherwise provided for by conditions
imposed by this decision notice. 
Reason - To ensure the development is carried out in accordance with the
approved drawings and documents. 
2. Prior to the use of the development hereby approved, a one-metre-tall post and
rail timber fence shall be erected along the dashed blue line on drawing 04,
with a field gate on the access link between the domestic curtilage and the
agricultural land. 
Reason - In the interests of amenity; to create distinction between the
residential curtilage and the agricultural land, to ensure a satisfactory standard
of local environmental quality.

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B JUSTIFICATION 
The proposal is in accordance with the Development Plan and there are no
material reasons which justify departing from the Development Plan. 
C PROCEDURAL NOTES 
None Required. 
D INFORMATIVE NOTES 
1. This planning permission will last only for three years from the date of this
decision notice, unless the development has been started within that period
(see section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as
amended)). 
2. Under section 27A of the Town and Country Planning (Scotland) Act 1997 (as
amended) the person undertaking the development is required to give the
Planning Authority prior written notification of the date on which it is intended to
commence the development.  A failure to comply with this statutory requirement
would constitute a breach of planning control under section 123(1) of that Act,
which may result in enforcement action being taken. 
3. As soon as practicable after the development is complete, the person who
completes the development is obliged by section 27B of the Town and Country
Planning (Scotland) Act 1997 (as amended) to give the Planning Authority
written notice of that position. 
4. An application for Building Warrant may be required. 
Background Papers:  7 letters of representation
Contact Officer:  Keith Stirton
Date:  19 May 2022 
DAVID LITTLEJOHN
HEAD OF PLANNING & DEVELOPMENT