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Agenda Document Pack - Moray Local Review Body - 13/03/2025

Moray Council · 13 March 2025
Back to Moray Local Review Body — 13 March 2025 and its agenda

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Page 1

Moray Local Review Body 
Thursday, 13 March 2025 
NOTICE IS HEREBY GIVEN that a Meeting of the Moray Local Review Body is to
be held at Council Chambers, Council Office, High Street, Elgin, IV30 1BX on
Thursday, 13 March 2025 at 09:30. 
BUSINESS 
1 Sederunt 
2 Declaration of Group Decisions and Members Interests * 
3 Minute of meeting dated 13 February 2025 5 - 6
4 LR309 - Ward 2 - Keith and Cullen
Planning Application 24/00996/APP – Replacement of existing single
glaze wooden framed windows and door with double/ triple glaze PVC
windows at 157 Mid Street Keith Moray AB55 5BJ for Fit Feet Footcare  
7 - 32
5 LR310 - Ward 4 - Fochabers Lhanbryde
Planning Application 24/01517/APP – Change of use of woodland to
garden ground and erect a domestic garage/workshop at Beulah,
Garmouth, Fochabers, Moray  
33 -
138 
Summary of Local Review Body functions:
To conduct reviews in respect of refusal of planning permission or
unacceptable conditions as determined by the delegated officer, in
terms of the Scheme of Delegation to Officers under Section 43(A)(i) of
the Town & Country Planning (Scotland) Act 1997 and the Town &
Country Planning (Scheme of Delegation and Local Review
Procedure)(Scotland) Regulations 2013, or where the Delegated
Officer has not determined the application within 3 months of
registration.     
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Watching the Meeting
You can watch the webcast live by going to: 
http://www.moray.gov.uk/moray_standard/page_43661.html    
Webcasts are available to view for 1 year following the meeting.  
You can also attend the meeting in person, if you wish to do so,
please come to the High Street entrance door and a member of
staff will be let into the building. 
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GUIDANCE NOTES 
* Declaration of Group Decisions and Members Interests - The Chair of the
meeting shall seek declarations from any individual or political group at the
beginning of a meeting whether any prior decision has been reached on how
the individual or members of the group will vote on any item(s) of business on
the Agenda, and if so on which item(s).  A prior decision shall be one that the
individual or the group deems to be mandatory on the individual or the group
members such that the individual or the group members will be subject to
sanctions should they not vote in accordance with the prior decision.  Any such
prior decisions will be recorded in the Minute of the meeting. 
** Written Questions - Any Member can put one written question about any
relevant and competent business within the specified remits not already on the
agenda, to the Chair provided it is received by the Proper Officer or Committee
Services by 12 noon two working days prior to the day of the meeting.  A copy
of any written answer provided by the Chair will be published on the Council’s
committee management system by 4pm the day before the meeting.  The
Member who has put the question may, after the answer has been published,
ask one supplementary question directly related to the subject matter at the
meeting, but no discussion will be allowed. 
No supplementary question can be put or answered more than 10 minutes after
the Council has started on the relevant item of business, except with the
consent of the Chair. If a Member does not have the opportunity to put a
supplementary question because no time remains, then he or she can submit it
in writing to the Proper Officer who will arrange for a written answer to be
provided within 7 working days. 
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MORAY COUNCIL 
Moray Local Review Body 
SEDERUNT 
Councillor Marc Macrae  (Chair)
Councillor Amber Dunbar  (Depute Chair)  
Councillor Neil Cameron  (Member)
Councillor Juli Harris  (Member)
Councillor Paul McBain  (Member)
Councillor Draeyk van der Horn  (Member)
Councillor Ben Williams  (Member)  
Clerk Name: Lissa Rowan
Clerk Telephone: 07765 741754
Clerk Email: committee.services@moray.gov.uk 
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MORAY COUNCIL 
Minute of Meeting of the Moray Local Review Body 
Thursday, 13 February 2025 
Council Chambers, Council Office, High Street, Elgin, IV30 1BX 
PRESENT 
Councillor Neil Cameron, Councillor Amber Dunbar, Councillor Juli Harris, Councillor
Marc Macrae, Councillor Paul McBain, Councillor Sonya Warren, Councillor Ben
Williams 
APOLOGIES 
Councillor Drake van der Horn 
ALSO PRESENT 
Councillor Tracy Colyer 
IN ATTENDANCE 
Mr A Miller, Acting Principal Planning Officer; Ms E Mitchell, Senior Planning
Officer; Mr S Hoath, Senior Solicitor; and Mrs L Rowan, Committee Services Officer
as Clerk to the Committee   
1         Chair 
Councillor Macrae, being Chair of the Moray Local review Body, chaired the
meeting.   
2         Declaration of Group Decisions and Members Interests 
In terms of Standing Order 21 and 23 and the Councillor's Code of Conduct, there
were no declarations from Group Leaders or Spokespersons in regard to any prior
decisions taken on how Members will vote on any item on the agenda or any
declarations of Members interests in respect of any item on the agenda.    
3         Minute of meeting held 16 January 2025 
The Minute of the meeting dated 16 January 2024 was submitted and approved. 
4         LR308 - Ward 5 - Heldon and Laich 
Planning Application 24/00905/APP – Proposed erection of detached garage
and conversion of existing garage to create utility, shower room and store at
The Forecourt, Cummingston, Elgin, Moray  
Item 3
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A request was submitted by the Applicant, seeking a review of the decision of the
Appointed Officer, in terms of the Scheme of Delegation, to refuse planning
permission on the grounds that:  
The proposals are contrary to the Moray Local Development Plan (MLDP) (2020)
and National Planning Framework (NPF) 4 for the following reasons:  
1. The proposed double garage would encroach onto land which is
currently beyond the MLDP 2020 designated settlement boundary of
Cummingston. The introduction of a garage on this area of land would give
rise to conditions of ribbon development and a blurring of distinction
between the built-up area of the settlement and the surrounding open
countryside which policy EP6 and the Cummingston Settlement Statement
seek to avoid. This would fail to comply with NPF4 Policy 16 and
MLDP2020 Policies DP1 and EP6. 
2. The application would also fail to comply with NPF4 Policy 4 and MLDP
2020 EP3 as it would erode the special qualities of the designated
Burghead to Lossiemouth Special Landscape area by creating a built form
which encroaches onto land not currently within the Cummingston
settlement boundary.  
The Summary of Information report set out the reasons for refusal, including the
documents considered or prepared by the Appointed Officer regarding the
planning application. It also included the Notice of Review, Grounds for Review
and supporting documents submitted by the Applicant.  
In response to a question from the Chair as to whether the Legal or Planning
Advisers had any preliminary matters to raise, both the Legal and Planning
Advisers advised that they had nothing to raise at this time.  
The Chair then asked the Moray Local Review Body (MLRB) if it had sufficient
information to determine the request for review. Following clarification from the
Planning Adviser in relation a query that was raised regarding existing and
proposed boundaries relating to the proposal, the MLRB unanimously agreed that
it had sufficient information to determine the case.  
Councillor Cameron, having visited the site and considered the case in detail,
commended the owner of the property for the work they had undertaken which had
resulted in a lovely property, however agreed with the view of the Appointed
Officer and moved that the MLRB refuse the appeal and uphold the original
decision of the Appointed Officer to refuse planning permission in respect of
Planning Application 24/00905/APP as the proposal is contrary to NPF4 Policies 4
(Natural Places) and 16 (Quality Homes) and MLDP 2020 Policies DP1
(Development Principles), EP6 (Settlement Boundaries) and EP3 (Special
Landscape Areas).  
There being no-one otherwise minded, the MLRB unanimously agreed to refuse
the appeal and uphold the original decision of the Appointed Officer to refuse
planning permission in respect of Planning Application 24/00905/APP as the
proposal is contrary to NPF4 Policies 4 (Natural Places) and 16 (Quality Homes)
and MLDP 2020 Policies DP1 (Development Principles), EP6 (Settlement
Boundaries) and EP3 (Special Landscape Areas).   
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MORAY LOCAL REVIEW BODY 
13 MARCH 2024 
SUMMARY OF INFORMATION FOR CASE No LR309 
Ward 2 – Keith and Cullen 
Planning Application 24/00996/APP – Replacement of existing single glaze
wooden framed windows and door with double/ triple glaze PVC windows at
157 Mid Street Keith Moray AB55 5BJ for Fit Feet Footcare 
Planning permission was refused under the Statutory Scheme of Delegation by the
Appointed Officer on 21 November 2024 on the grounds that: 
The proposals are contrary to National Planning Framework 4 and Moray Local
Development Plan (2020) and for the following reasons: 
1. The proposed replacement windows and door do not match the style, material
or intricate detail of the existing original timber windows. The windows and
door would result in a detrimental impact on the appearance and historic
interest of the property and do not preserve or enhance the character and
appearance of the Keith Mid Street Conservation Area. Therefore the
proposals would fail to comply with NPF4 Policy 7 and MLDP2020 Policy
EP9. 
Documents considered or prepared by the Appointed Officer in respect of the above
planning application are attached as Appendix 1. 
The Notice of the Review, Grounds for Review and any supporting documents
submitted by the Applicant are attached as Appendix 2. 
No Further Representations were received in response to the Notice of Review. 
Item 4
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Offices
Mid Street Flats
Car Park
Centre
Club
El Sub Sta
146.7m
147.8m
145.3m
150.7m
Garage
148.4m
148.2m
1 to 5
6 to 10
UNION STREET
AR
to 187
to 181
11 To 14TCB
PC
11
118
116
12c
114b
153c
158c
5
6
123
136
132
122a 127
160
99a
152
154
140
170
25
12
120
159
146
140a
148 150
166
135
184
12d
145
163
99
172
104
132a
97
131a
131
176
124
147
10
178a
164 165
144
188
183
158
168
12b
9
130
161
169
142a
133
137
142
99b
157
162
103
123a
186
173
175174
126
178
158b
133b
93
153
171
21
193
189
151
177
125
15
13
INSTITUTE LANE
Office
RAILWAY LANE
LEGION LANE
RAILWAY LANE WEST
BANKERS LANE WEST
BANKERS LANE
COOPERS LANE WEST
WEAVERS LANE
COOPERS LANE
179
136a
PO
132
124
146
133
Car Park
Car Park
154
136
158
140
120
Car Park
6
130
Location plan for Planning Application Reference Number :
24/00996/APP
© Crown copyright [and database rights] 2025 OS AC0000806936 Moray Council. You are permitted to use this data solely to enable you to
respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-license, distribute or sell
any of this data to third parties in any form. Third party rights to enforce the terms of this licence shall be reserved to OS.
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1:1,000 @ A4
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APPENDIX 1 
DOCUMENTS CONSIDERED
OR PREPARED BY THE
APPOINTED OFFICER
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REPORT OF HANDLING 
Ref No: 24/00996/APP Officer: Shaya Anderson
Proposal
Description/
Address  
Replacement of existing single glaze wooden framed windows and door with double/
triple glaze PVC windows at 157 Mid Street Keith Moray AB55 5BJ
Date: 20.11.2024 Typist Initials: LMC 
RECOMMENDATION
Approve, without or with condition(s) listed below N
Refuse, subject to reason(s) listed below Y
Legal Agreement required e.g. S,75 N
Notification to Scottish Ministers/Historic Scotland N
Hearing requirements
Departure N
Pre-determination N 
CONSULTATIONS
Consultee Date
Returned Summary of Response 
DEVELOPMENT PLAN POLICY
Policies Dep Any Comments 
(or refer to Observations below)
NPF1 - Tackling the Climate N 
NPF2 - Climate mitigation and adaptation N 
NPF3 - Biodiversity N 
NPF5 - Soils N 
NPF7 - Historic assets and places Y 
NPF14 - Design, quality and place Y 
EP9 Conservation Areas Y 
DP1 Development Principles Y 
REPRESENTATIONS
Representations Received  NO
Total number of representations received
Names/Addresses of parties submitting representations 
Summary and Assessment of main issues raised by representations
Issue:
Comments (PO):
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Page 2 of 4 
OBSERVATIONS – ASSESSMENT OF PROPOSAL 
Legislation
Section 25 of the 1997 Act as amended required applications to be determined in accordance with
the development plan, namely the adopted National Planning Framework 4 and adopted Moray Local
Development Plan 2020 unless material considerations indicate otherwise. 
The main planning issues are considered below: 
Site 
The site is located at 157 Mid Street Keith, and is a commercial retail premises located within Keith
Mid Street Conservation Area. There are neighbouring shops on either side of the property, with a
residential flat on the first floor. 
Proposal
This application seeks permission for replacement shop front windows and access door.    
The existing windows are original traditional timber, with intricate timber detailing adorning the top
corners of each pane of single glazing. The windows are fixed and do not open and measure approx.
2m in height. The existing timber access door is 1.2m wide and is split into two, each with a pane of
single glazing. Both the windows and doors have been painted a mint green colour. 
The proposed windows are to be fixed, double glazed uPVC, and the proposed door is to be a uPVC
single door with a full-length pane of glass to the left side. The proposed alterations do not replicate
the existing historical shopfront and in particular would result in the loss of the intricate timber
detailing.    
Policy Assessment
Siting and Design (NPF4-7, NPF4-14, MLDP 2020 DP1, EP9, Moray Windows and Doors
Guidance, Keith Conservation Area Character Appraisal) 
Moray Local Development Plan Policy DP1 and NPF4 Policy 14 requires scale, density and character
of development to be appropriate to the surrounding area, be integrated to the surrounding area,
conserve and enhance the natural and built environment and not adversely impact upon
neighbouring properties in terms of privacy, daylight or overbearing loss of amenity. Alterations and
extensions must be compatible with the character of the existing building in terms of design, form,
choice of materials and positioning. 
The site is within the Keith Mid Street Conservation Area. NPF4 Policy 7 Historic Assets and Places
and MLDP2020 Policy EP9 Conservation Areas and require all development within a conservation
area to preserve and enhance the established traditional appearance of the area in terms of scale,
height, massing, colour, materials, and siting; this typically requires the use of traditional materials
and styles but contemporary designs may be acceptable if the material finishes and design respect
the architectural authenticity of the building and character of the conservation area. 
The Moray Council Replacement Windows and Door Guidance sets out the importance of retaining
original windows and doors as a legitimate way of preserving both the historic appearance, fabric and
therefore the character of historic buildings both individually and in the wider streetscape. It highlights
that replacement will only be approved where there is no alternative. The guidance also goes on to
state that in all instances the proposed replacements will be required to match the originals in
materials, design and opening method expressly stating that the use of non-traditional materials such
as uPVC will not be acceptable on principal elevations within a conservation area. The principal test
will be the impact on the character and appearance of the conservation area.   
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Page 3 of 4
Finally, the Keith Conservation Area Appraisal (October 2010) states that "Shopfronts make an
important contribution to the character of Keith and several traditional shopfronts survive without
major changes. However, in many places shopfronts, or their constituent parts, have been replaced
by modern materials and features." 
In this case, the proposed replacement windows and door do not match the style or material of the
existing timber windows. The replacement of the windows would also result in the loss of the unique
timber carved detailing adoring the upper corners of each windowpane, resulting in the loss of historic
character and material from 157 Mid Street, thus impacting the character of the surrounding
conservation area. The existing windows appear to be in good condition, with no signs of rot, and no
information has accompanied this application to support the requirement for replacement windows in
terms of the window condition. 
157 Mid Street Keith is one of the last few remaining shop fronts that boasts an untouched traditional
frontage. The windows and door along with the mosaic tile doorway contribute considerably to the
character of Mid Street, and the addition of bulky uPVC windows which do not replicate the detailing,
character or material of the originals will have a detrimental impact on the appearance and historic
interest of the property. Therefore, the proposals would fail to comply with NPF4 Policies 7 and
MLDP 2020 Policy EP9 which require that the character and appearance of the Conservation Area is
preserved and enhanced and the application will be refused.   
Climate Change, Biodiversity and Soils (NPF4-1, NPF4-2, NPF4-3 and NPF4-5)                           
The proposals are of a scale and nature which is considered to have a minimal impact in terms of
climate change and soil disturbance, and it is not necessary to seek formal biodiversity enhancement
on a proposal of this scale and therefore the proposal is deemed to comply with NPF4 Policies 1, 2, 3
and 5. This however would not override the aforementioned objections with regard to the failure of
the application to comply with NPF4 Policy 7 and MLDP 2020 Policy EP9 and as such the application
will be refused.    
Conclusion  
In this case the proposed replacement windows do not match the style, material or detailing of the
existing traditional and historic windows. Replacing the windows would result in the loss of historic
character and material from the property and the Keith Mid Street Conservation Area. This means
that the replacement windows are contrary to national and local provisions to preserve and enhance
the traditional character and appearance of the Conservation Area. The application will therefore be
refused. 
OTHER MATERIAL CONSIDERATIONS TAKEN INTO ACCOUNT 
Keith Mid Street Conservation Area Character Appraisal & Action Plan 
HISTORY
Reference No. Description       
Decision  Date Of Decision   
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Page 4 of 4
ADVERT
Advert Fee paid? Yes
Local Newspaper Reason for Advert Date of expiry 
Banffshire Advertiser and
Herald
Planning application affecting
LB/CA 23/09/24
PINS Planning application affecting
LB/CA
23/09/24 
DEVELOPER CONTRIBUTIONS (PGU)
Status N/A 
DOCUMENTS, ASSESSMENTS etc. *
* Includes Environmental Statement, Appropriate Assessment, Design Statement, Design and Access
Statement, RIA, TA, NIA, FRA etc
Supporting information submitted with application?  NO
Summary of main issues raised in each statement/assessment/report
Document Name: 
Main Issues: 
S.75 AGREEMENT
Application subject to S.75 Agreement  NO
Summary of terms of agreement:   
Location where terms or summary of terms can be inspected:   
DIRECTION(S) MADE BY SCOTTISH MINISTERS (under DMR2008 Regs)
Section 30 Relating to EIA  NO
Section 31 Requiring planning authority to provide information
and restrict grant of planning permission  NO
Section 32 Requiring planning authority to consider the imposition
of planning conditions  NO
Summary of Direction(s)   
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(Page 1 of 2)  Ref:  24/00996/APP 
MORAY COUNCIL
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997,
as amended 
REFUSAL OF PLANNING PERMISSION 
[Keith And Cullen]
Application for Planning Permission 
TO 
With reference to your application for planning permission under the above
mentioned Act, the Council in  exercise  of   their  powers  under  the  said  Act, 
have  decided  to REFUSE your application for the following development:- 
Replacement of existing single glaze wooden framed windows and door with
double/ triple glaze PVC windows at 157 Mid Street Keith Moray AB55 5BJ 
and for the reason(s) set out in the attached schedule. 
Date of Notice:  21 November 2024 
HEAD OF ECONOMIC GROWTH AND DEVELOPMENT
Economy, Environment and Finance
Moray Council
Council Office
High Street
ELGIN
Moray      
IV30 1BX
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(Page 2 of 2)  Ref:  24/00996/APP 
IMPORTANT
YOUR ATTENTION IS DRAWN TO THE REASONS and NOTES BELOW 
SCHEDULE OF REASON(S) FOR REFUSAL 
By this Notice, Moray Council has REFUSED this proposal.  The Council’s reason(s)
for this decision are as follows: - 
The proposals are contrary to National Planning Framework 4 and Moray Local
Development Plan (2020) and for the following reasons:  
1. The proposed replacement windows and door do not match the style,
material or intricate detail of the existing original timber windows. The
windows and door would result in a detrimental impact on the appearance
and historic interest of the property and do not preserve or enhance the
character and appearance of the Keith Mid Street Conservation Area.
Therefore the proposals would fail to comply with NPF4 Policy 7 and
MLDP2020 Policy EP9. 
LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT 
The following plans and drawings form part of the decision:-
Reference Version Title
02  Proposed elevation
BNF12563  Location plan   
NOTICE OF APPEAL
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 
If the applicant is aggrieved by the decision to refuse permission for or approval
required by a condition in respect of the proposed development, or to grant
permission or approval subject to conditions, the applicant may require the planning
authority to review the case under section 43A of the Town and Country Planning
(Scotland) Act 1997 within three months from the date of this notice.  The notice of
review should be addressed to The Clerk, Moray Council Local Review Body, Legal
and Committee Services, Council Offices, High Street, Elgin IV30 1BX.  This form is
also available and can be submitted online or downloaded from
www.eplanning.scotland.gov.uk   
If permission to develop land is refused or granted subject to conditions and the
owner of the land claims that the land has become incapable of reasonably
beneficial use in its existing state and cannot be rendered capable of reasonably
beneficial use by the carrying out of any development which has been or would be
permitted, the owner of the land may serve on the planning authority a purchase
notice requiring the purchase of the owner of the land’s interest in the land in
accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997. 
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APPENDIX 2 
NOTICE OF REVIEW,
GROUNDS FOR REVIEW &
SUPPORTING DOCUMENTS
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24/00996/APP
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MORAY LOCAL REVIEW BODY 
13 MARCH 2024 
SUMMARY OF INFORMATION FOR CASE No LR310 
Ward 4 – Fochabers and Lhanbryde 
Planning Application 24/01517/APP – Change of use of woodland to garden
ground and erect a domestic garage/workshop at Beulah, Garmouth,
Fochabers, Moray 
Planning permission was refused under the Statutory Scheme of Delegation by the
Appointed Officer on 15 January 2025 on the grounds that: 
The proposals are contrary to National Planning Framework 4 and Moray Local
Development Plan (2020) for the following reasons: 
1. The proposed change of use an area of Ancient Woodland to domestic
garden ground is unacceptable as it would result in the loss of an area of
designated Ancient Woodland which is not supported by NPF4 Policy 6. 
2. The proposed garage would result in the removal of healthy trees from the
site which would fail to comply with MLDP 2020 Policy EP7 which only
permits the removal of healthy trees where it is technically unfeasible to retain
these. 
3. The garage is considered an unacceptable scale and design for the prominent
roadside location and would not be read alongside the main dwellinghouse
which is set on the opposite side of an existing private access road, resulting
in a detrimental impact on the rural wooded character of the area. The garage
would contain a large box dormer which is not permitted by policy DP1. The
proposals would also prejudice the special qualities of the Special Landscape
Area and would therefore fail to comply with NPF4 Policies 4, 14, 6 and MLDP
2020 Policies DP1 and EP3. 
Documents considered or prepared by the Appointed Officer in respect of the above
planning application are attached as Appendix 1. 
The Notice of the Review, Grounds for Review and any supporting documents
submitted by the Applicant are attached as Appendix 2. 
No Further Representations were received in response to the Notice of Review. 
Item 5
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Thunder Slack
Bow Bridge
Cara Villa
Drain
Issues
17.9m
19.1m
19.2m
Bradan Orach
Speyview
Newton Oak
Location plan for Planning Application Reference Number :
24/01517/APP
© Crown copyright [and database rights] 2025 OS AC0000806936 Moray Council. You are permitted to use this data solely to enable you to
respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-license, distribute or sell
any of this data to third parties in any form. Third party rights to enforce the terms of this licence shall be reserved to OS.
I
1:2,500 @ A4
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APPENDIX 1 
DOCUMENTS CONSIDERED
OR PREPARED BY THE
APPOINTED OFFICER
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Outlook
100687032-003 has been received
From noreply@scot.gov.uk <noreply@scot.gov.uk>
Date Thu 03/10/2024 13:50
To
100687032-003 has been received
ePlanning Scotland Reference: 100687032-003
Dear
Your application/appeal has been successfully submitted using ePlanning.scot.
Please be aware that your planning application will be deleted from our database
(Not the Council's database) 90 days after submission so that you may wish to save
a copy for your own records.
Your online reference number is 100687032-003, which you should keep a note of
for your own records.
Your application will now be sent to Moray Council who is responsible for
processing and determining your application. If you need to contact the authority
directly, please use the contact details below.
Please note that if this submission relates to an Appeal, and you have selected
this in your application, it will be forwarded to both the Planning and
Environmental Appeals Division (DPEA) and your planning authority.
In this instance the DPEA will be responsible for processing and determining your
appeal. You will be contacted in due course by either your planning authority or the
DPEA regarding your application.
Submission Details
Online Reference 100687032-003
Title Change of use of woodland to garden.
Authority Name Moray Council
Authority Address The Moray Council Council Office High Street Elgin IV30
1BX
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Authority Telephone 0300 1234561
Authority Fax
Authority Email Address development.control@moray.gov.uk
Agent Name
Applicant Name
Location
Date Submitted 03/10/2024
Location Plan
Name Type Size
Attachments
Name Type Size
Garage Workshop Plan Attached 1.4 Mb
Fees
There was no fee for this submission.
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This email has been sent from the ePlanning.scot Applications and Appeals System.
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Oikos Architectural Ltd Registered in Scotland No. 272963
M
r. &
M
rs. Seely
M
.D
12.02.24
External Fire
D
oor Set
(w
ith
Push
Bar O
pening)
2134x915m
m
2134x915m
m
External Fire Door Set
(with Push Bar Opening)
Valuted
Ceiling
Line of Valuted Ceiling
5000
5000
Roller Shutter Door
Roller Shutter Door
A:A
B:B
Proposed
Ground
Floor Plan
Scale: 1:100
20000
10000
Raised
Plat
Approx. 187m
2
Landing
New
Stairs: 19 No. Risers
300m
m
going
200m
m
rise
Up Store1000
Covered
Lorry Port
3500
8660
Proposed
South Elevation
Scale: 1:100
Dorm
er
2150
Proposed
W
est Elevation
Scale: 1:100
Covered
Lorry Port
7505
Proposed
East Elevation
Scale: 1:100
3200
3200
Roller Entry Door
Roller Entry Door
Dorm
er
2405
Covered
Lorry Port
3900
Proposed
North Elevation
Scale: 1:100
Dorm
er
3200
3545
Section A:A
Scale: 1:50
M
ezzanine
2400220
215
3200
6625
Section B:B
Scale: 1:50
1.
UPVC, grey doors.
2.
Steel Roller shutter vehicle
doors
3.
Steadm
ans Steel Profile
Roof
4.  Rendered
215m
m
blockwork walls
*
All rainwater goods to
be
Steadm
an's
steel.
Speyview
Cara
Villa
862950
863000
External Fire Door Set
(with Push Bar Opening)
2134x915mm
2134x915mm
E
x
t
e
r
n
a
l
F
i
r
e
D
o
o
r
S
e
t
(
w
i
t
h
P
u
s
h
B
a
r
O
p
e
n
i
n
g
)
Site
Plan
Scale: 1:500
N
Proposed
Garage
To Garmouth
To Newton
New
RW
Soakaway
Site
approx 7,269m
2
Speyview
Cara
Villa
Drain
334000
862950
863000
863050
334050
Location Plan
Scale: 1:2500
N
To Garmouth
To Newton
SITE REFERRED
TO
IN
APPLICATION
Area
approx 7,269m
2
Location Plan
NTS
26.02.24
Client Am
endm
ents
A
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Oikos Architectural Ltd Registered in Scotland No. 272963
Valuted
Ceiling
Line of Valuted Ceiling
A:A
B:B
Proposed
First Floor Plan
Scale: 1:100
20000
10000
Approx. 96m
2
Landing
New
Stairs: 19 No. Risers
300m
m
going
200m
m
rise
Covered
Lorry Port
Down
2630
2m
head
height
Coom
b
Line
Dorm
er
11460
W
orkshop
&
Store
Gazed Balustrade
Bulkhead
M
r. &
M
rs. Seely
M
.D
27.06.24
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Oikos Architectural Ltd Registered in Scotland No. 272963
Speyview
Cara
Villa
862950
863000
Site
Plan
Scale: 1:500
N
To Garmouth
To Newton
Area
Proposed
for
change
of use
to
garden ground
Approx 756m
2
Speyview
Cara
Villa
Drain
334000
862950
863000
863050
334050
Location Plan
Scale: 1:2500
N
To Garmouth
To Newton
SITE REFERRED
TO
IN
APPLICATION
Area
approx 7,269m
2
Location Plan
NTS
M
r. &
M
rs. Seely
M
.D
02.10.24
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1 
SUPPORTING STATEMENT
Change of use of woodland to garden ground to permit the erection of a domestic garage
workshop at Beulah, Garmouth, Proposal Ref: 100687032-001 
1. INTRODUCTION
This proposal relates to the change of use of up to 930 m² (0.09 hectares) of woodland to
garden ground to permit the erection of a domestic garage workshop within the grounds of
Beulah, Garmouth, an existing house in Morayshire. 
2. BACKGROUND
2.1 Having retired last year my wife and I moved back to Moray after a period of
absence due to work commitments.  Whilst living away I realised a life-long ambition
to participate in motorsport, my retirement aspiration being to continue this
hobby.  As a privateer I do all the work on the car and support vehicles myself and
therefore need a suitable garage workshop. 
2.2 We purchased Beulah (formerly Cara Villa) for many reasons, one being that it
provides an ideal location to site a garage workshop.  A major consideration for the
selection of the site is that, being remote from the house and next to the road, the
garage could be retained should we need to downsize at some point.  Without this
flexibility I would have to restart the process of finding somewhere to keep and work
on my race car if we were forced to move due to age/health, thereby incurring
additional expense as well as facing the logistical problem of where to keep the
equipment during the transition.  Not wishing to go into personal detail, my wife is
the most likely of the two of us to need to downsize in the future. 
2.3 A planning application was submitted on my behalf by a local architectural company
in March this year (online reference number 100663503-001) but was returned due
to it failing to address the need for a change of use of the ground in question from
woodland to garden.  This application is therefore in response to Moray Council’s
instruction.  Accompanying information provided by the Council was that an
application would not be likely to receive a positive recommendation given that the
proposed site is on ancient woodland, a fact we were unaware of when we bought
the property. 
2.4 When purchasing the house in June 2023 there was nothing to suggest to us that the
site’s use would be limited.  As the attached photos show it has the appearance of
waste ground.  All the mature trees had been felled as a consequence of Storm
Arwen in 2021, information that came to light once we had acquired the
property.  (A felling order had been granted by Scottish Forestry under permission
FPA-8678, copy attached, as well as a restocking order).  To further enhance our
perception that we would be able to use the proposed site for a garage, we were
informed that planning permission had been granted for the erection of a house on
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the ground immediately adjoining to the north (planning application 20/00455/APP
dated 10 June 2020 refers) as well as noting the existence of three other recently built
houses in close proximity.  Given the demand for property in the area and knowing
that other parties were interested in purchasing Beulah there simply wasn’t the
luxury of time to research the possibility of building a garage on this site any further;
any additional delay would have jeopardised the opportunity to buy.  In good faith
we had gathered as much evidence as possible to make us believe the proposed site
would be viable. 
3. SITE LOCATION
3.1 The plot on which Beulah sits extends to circa 6,070 m², (0.607 hectares) encompassing
the house, an access road to a neighbouring house Speyview, garden grounds, woodland
and the specific woodland site relating to this application with an area of approximately
930 m². 
3.2 The site is accessible via an established entrance off the minor Garmouth to
Mosstodloch road. 
3.3 The area applied for a change of use from woodland to garden excludes the legal right of
access track leading to Speyview. 
3.4 Beulah is one of 4 existing houses within a small rural grouping. 
3.5 This application relates to an addition to an existing dwelling, not a new development on
a different plot. 
4. POLICY COMPLIANCE
4.1 The site is located outside the Speyside flood risk area. 
4.2 The site is registered on the National Forest Inventory (NFI) as ancient semi-natural
woodland and occupies an area of approximately 930 m² (0.093 hectares). Following
Storm Arwen in November 2021, existing trees damaged by the winds were felled
under permission FPA-8678.  The site was restocked with around 30 silver birch and a
small number of Scots pine, holly and beech. After four years growth, these trees are
not yet established and could readily be transplanted.   
4.3 As the photos below illustrate, the proposed site is visually unattractive giving the
appearance of waste ground.  The minor Garmouth to Mosstodloch road runs
parallel to the line of gorse bushes on the left-hand side of the first photo which
looks north, the pine trees defining the edge of Lunan Wood on the west side of the
road.  As mentioned in the introduction to this Supporting Statement, planning
permission has been granted for a dwelling house adjacent to the proposed site
which is also designated as ancient semi-natural woodland.  The location of this
would be in the foreground of the red coloured container and house in the photo.
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4.4 The second photo below looks east and shows the proposed site on the left-hand
side of the picture, the driveway leading to Beulah on the right-hand side of the picture,
the access road to Speyview (defined by the fence and posts) which is excluded from the
application and an established area of woodland in the centre of the shot that is
referred to in the Tree Survey.  This woodland is close enough to the site to be included
in the Survey but would not be affected.  Just out of the picture on the right-hand side
(south) is further woodland referred to in the Survey. 
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4.4 With reference to the Scottish Government National Planning Framework 4 Policy 6
(b), and Moray Local Development Plan (MLDP2020), Policy EP7, this proposal would
not result in the loss of ancient and veteran trees, or have an adverse impact on their
ecological condition. There would be no adverse impact on native woodlands,
hedgerows and individual trees of high biodiversity value, or identified for protection
in the Forestry and Woodland Strategy. In addition no fragmenting or severing of
woodland habitats would result. 
4.5 A Tree Survey carried out on 24 January 2024 by Mr Angus Dixon, Groves Forestry,
accompanies this application.  Compensatory replanting has been detailed in this
Survey in accordance with EP7 (e).  The planting would be located at Nether Brown
Muir, a site on the north side of Brown Muir Hill, above Millbuies.  As stated above in
paragraph 4.2, existing saplings would be transplanted at the new site such that
there would be no loss of existing trees.  In addition twice the area of woodland
would be created.  Should this amount of compensatory replanting be judged
insufficient I would consider increasing it to whatever Moray Council deemed
appropriate.  Of note, the grassland at Millbuies, when planted with native trees,
will acquire over the next 40 years similar woodland soil features of the site at
Beulah. This is a comparative period of time it would take the saplings on the
existing site at Beulah to mature.  Therefore, nothing would be lost by permitting
the ground at Beulah to be changed to garden.  On the contrary, there would be an
increase in the area of semi-natural woodland.
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4.6 Mr Dixon, author of the Tree Survey, consulted with Scottish Forestry with respect to
the change of use of land and whether there was any opposition from their
perspective to the proposed site being used as described.  Scottish Forestry had no
objection to the proposal. 
4.7 Whilst the site is within Moray Council’s designated Special Landscape Area (SLA)
Lower Spey and Gordon Castle, the garage workshop’s position adheres to this policy
as far as possible. The garage would be situated just inside the western boundary
which is defined by the minor Garmouth to Mosstodloch road outside the drive. The
garage workshop would thus be virtually invisible from the River Spey given the cover
provided by both the house and the trees on the east side of the proposed site. 
4.8 Use of this site to position the garage workshop would limit the impact on immediate
neighbours who have supported the proposal.  (Attached letter from Mr & Mrs N.
Stevens refers). 
4.9 The proposed garage workshop has been sympathetically designed to sit comfortably
within the local character of surrounding properties and reflects the size and scale of
local agricultural buildings.  Having said that, the attached plans for the design of the
building are purely representative; I would willingly cooperate with the Council to
ensure the building fits in with the surrounds to their satisfaction. 
4.10 The proposed garage workshop measures 10m x 20m, giving a footprint of only
200m².  Whilst this application is to ideally change the use of woodland to garden
for the entire site of 930 m², should it be more acceptable to the Council the
requested area can be reduced sufficiently to accommodate the requested
building leaving the remainder of the site untouched. 
4.11 By permitting the change of use of the ground from woodland to garden for the
erection of a garage workshop the following public benefits would be realised: 
4.11.1.1 A larger area of woodland would be generated at no cost to Moray
Council.  It is proposed that double the area of woodland is created but
should this be judged insufficient I would consider any proposal that the
Council deems appropriate.  The newly planted woodland would in time
acquire all the woodland soil features of the existing site. 
4.11.1.2 The impact on the Lower Spey and Gordon Castle SLA would be
minimised compared to the alternative of positioning the garage
workshop within the existing ground already designated as garden. 
4.11.1.3 Neighbours would benefit from the garage being remotely positioned. 
It would be out of sight, not obstruct their view or block sunlight.  A letter
from  supporting the proposed siting of the
garage is attached. 
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4.11.1.4 Morayshire would be represented at motorsport events.  Given the
long distances involved travelling to and from major race circuits in the UK
there are few competitors representing Scotland and even less, if any,
from Morayshire.  My continued participation in motorsport would be
consistent with Priority 1, Section VI, VII & VIII of Moray Council’s Physical
Activity, Sport and Health Strategy which states that the precedence is to: 
vi. Promote and host local, regional, national and international
sporting events with all key partners to encourage tourism and
showcase what Moray has to offer. 
vii. Recognise and celebrate the contribution that sport and physical
activity provides within Moray and support the need that physical
activity and sporting opportunities are affordable and attractive to all
our residents. 
viii. Raise the profile of sport and physical activity within Moray. 
SUMMARY 
5.1 My application for the change of use of woodland to garden ground to permit the
erection of a domestic garage workshop represents a retirement ambition of
continued participation in motorsport. Without this facility it would be
economically unviable to continue.  The application is flexible and would seek to
address any objection the Council may have to it. 
5.2 The following summarises the case for why a change of use would not impact the
current state of ancient semi-natural woodland negatively. 
5.2.1 The area of ground in question is negligible: ideally 930m² but
potentially less than 300 m². 
5.2.2 There are no mature trees on the site; no felling is required. 
5.2.3 Existing saplings would be transplanted therefore no trees would be lost. 
5.2.4 The ground of the new site would in time acquire all the woodland soil
features of the existing site. 
5.2.5 The proposed site is within an existing property; it is not a new
development. 
5.3 With reference to the Scottish Government National Planning Framework 4 Policy
6 (c), and Moray Local Development Plan (MLDP2020), Policy EP7, and the need
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for the application to be in the interest of the public, the following benefits would
be realised should the request be granted:  
• A larger area of woodland would be generated at no cost to Moray
Council. 
• The impact on the Lower Spey and Gordon Castle SLA would be minimised. 
• It is in my neighbours’ best interest that the garage is remotely located. 
• Morayshire would be represented at motorsport events consistent with
Moray Council’s Sports Plan. 
Applicant
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1 
ADDITIONAL SUPPORTING STATEMENT
27 November 2024
Change of use of woodland to garden ground to permit the erection of a domestic garage
workshop at Beulah, Garmouth, Proposal Ref: 100687032-001 
1. INTRODUCTION
1.1.  Moray Council helpfully pre-warned me that the above application would be rejected
for 2 reasons:
a. ANCIENT WOODLAND.  The application site is an area of designated Ancient
Woodland. It was not part of the original house plot and as such the application
seeks to change the use of the ground to domestic garden ground.  Both National
Planning Framework 4 Policy 6 and MLDP 2020 Policy EP7 do not support
development which would result in the loss of Ancient Woodland.  Ancient
Woodland comprises not only trees but the ground vegetation and soils in which
trees sit.  The proposal to change the use of the woodland to garden ground would
fail to comply with NPF4 Policy 6 and policy EP7 as it would result in the permanent
loss of land identified as woodland under the Ancient Woodland Inventory.  
b. PROPOSED GARAGE DESIGN.  The proposed garage/workshop is considered to be
out of keeping with the scale and character of the surrounding area.  The site is
remote to the dwelling (separated by an access track) and would not easily integrate
into the site and surrounding area given its height, bulk and location proposed. 
1.2.  I am appealing this decision and have supplied this Additional Supporting Statement in
response to the above points. 
2.  ANCIENT WOODLAND 
2.1.  I accept the fact that the application site is within a designated area of Ancient
Woodland and that the proposal contravenes both National Planning Framework 4 Policy 6
and MLDP 2020 Policy EP7.  Indeed I acknowledged and addressed this fact in my original
Supporting Statement.
2.2.  If a site visit is not part of the appeal process I ask that the photographs attached to the
original Supporting Statement are referenced since they graphically illustrate the following
points.
2.2.3.  The designation of Ancient Woodland assigned to this particular site gives a
misleading impression.  It is not typical or representative of what one would consider
Ancient Woodland to be; there is only one beech tree which would be unaffected by the
construction of the garage/workshop.  Please refer to the Tree Survey that was supplied with
the application.
2.2.4.  An area of Ancient Woodland is delineated by a perimeter within which there is no
differentiation between varying sections of ground or whether trees are present or not.  The
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2 
plot for Beulah is contained within a 681.19 ha area of Ancient Woodland called Sleepieshill.  
This area does not distinguish between roads, garden, hedgerows, buildings or genuine
Ancient Woodland.  It is true to say therefore that not every part of it contains Ancient
Woodland.  According to arborist Mr Angus Dixon, BSc, Consultant, Groves Forestry
Company, there is nothing irreplaceable or worthy of special preservation that would be
irrevocably lost on the proposed site; the trees prior to being felled were plantation Scots
pine and the associated vegetation and soil does not contain any unique features.  
2.2.5.  Strictly speaking this piece of ground is not Ancient Woodland, which is defined as
land that has been continuously wooded since at least 1750.  It has merely been
amalgamated with woodland that does have the attributes to be deemed Ancient
Woodland.  As an example there is an area containing noteworthy ancient trees along with
their associated vegetation and soil on the eastern border of my property.  Had my
application been situated in an area such as this I would have understood the Council’s
refusal of my application but technically it is incorrect to refuse this application on the basis
that the ground is Ancient Woodland.  
2.2.5.  To further support the above information Mr Dixon liaised with Scottish Forestry on
my behalf with respect to the change of use of this land to ascertain whether there was any
opposition to the proposed site being used as described.  Scottish Forestry has no objection
to the proposal.
2.3.  Compensatory replanting of at least twice the area will be sown with sessile oak, silver
birch, hazel, gean, rowan and Scots pine thereby creating a significant area of valuable
woodland which would not be generated if this appeal is rejected.  Since submitting the
initial application a further site has been identified in Garmouth resulting in the woodland
being created close to the proposed site if required.  This mitigates any perceived loss of
woodland and ultimately generates a greater amount.  Since there are no established trees
on the existing site that would be disturbed the time scale for compensatory replanting to
mature is no different to the time it will take for saplings on the proposed site to grow.  The
net outcome of compensatory replanting would thus enhance Moray’s stock of woodland
especially considering rare and exceptional trees would be planted and cultivated.  Nothing
would be lost by permitting the woodland at Beulah to be changed to garden.  On the
contrary, there would be an increase in the area of quality Ancient Woodland.  
2.4.  In addition please bear in mind that the site in question is very small - less than 930 m². 
Its use would have a miniscule effect on the 6,811,900 m² of Sleepieshill Wood.  (Less than
0.014%).
PROPOSED GARAGE
3.1.  DESIGN.  Having submitted the application online I was subsequently contacted by a
Moray Council Planning Technical Assistant who required me to submit a plan of the
proposed garage.  I had deliberately left this detail out because I did not consider it to be
relevant to the application at this stage.  Having done as requested I made it very clear in my
Supporting Statement that the plan was purely representative and that I would willingly
cooperate with the Council to ensure the building fits in with the surrounds to the Council’s
satisfaction.  
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3.2.  Despite the above, Moray Council have stated they will further reject the proposal
because they consider the proposed garage plan to be out of keeping with the scale and
character of the surrounding area and because it does not easily integrate into the site and
surrounding area given its height and bulk.
3.3.  I wish to reiterate that I would work with the Council to ensure the scale and character
of the garage/workshop suitably integrates into the site to meet their requirements.  Clearly
however, there would be a minimum size needed to ensure the building has sufficient
floorspace to store equipment and vehicles, provide suitable space to work on the car as
well as afford adequate height to accommodate a car ramp.  For example a one car sized
garage would be of no use.
3.2.  SITE LOCATION.  The Council have objected to the application due to the site being
remote from the dwelling (separated by an access track).  This is exactly why it is so perfect
for my requirements and is the only location within my grounds that provides a key
advantage.  As explained in my original Supporting Statement, a major factor for the
selection of the site is that, being remote from the house and next to the road, I could retain
the garage should my wife and I need to downsize at some point in the future.  Without this
flexibility I would have to restart the process of finding somewhere to keep and work on my
race car if we were forced to move due to age/health, thereby incurring additional expense
as well as facing the logistical problem of where to keep the equipment during the
transition.  Not wishing to go into personal detail, my wife is the most likely of the two of us
to need to downsize in the future which is exactly why this location would be so ideal to
enable me to continue participating in motorsport.
4.  APPLICATION OF POLICY
4.1.  As stated in the introduction I understand that Moray Council are limited by both
National and Local Policy.  However I feel their application of this policy is harsh given my
circumstances.
4.2.   Policy is not law, it is a course or principle of action adopted by an organization or
individual.  It thereby affords the organisation an element of flexibility with respect to its
application.  From my perspective it is unmerited for policy to be so rigidly enforced that
conservation of a patch of ground that contains nothing but decaying ferns, gorse bushes,
and a few saplings attracts a higher degree of protection than the welfare and happiness of
the individual who owns it and lives there.  I have worked hard all my life and am now in a
position to fulfil a retirement dream.  
4.3.  As described in my original Supporting Statement, given the demand for property in the
area and knowing that other parties were interested in purchasing the house, I researched
the possibility of building a garage on this site as much as time permitted; any additional
delay would have jeopardised the opportunity to buy the property.  I had no reason to
suspect that what appeared to be an ideal location for a garage/workshop had originally
been woodland since no trees were present, let alone it carrying a designation of Ancient
Woodland, especially as I was made aware planning permission had been granted for a
dwelling to be built on adjoining ground.  
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4 
4.4.  Should this appeal be rejected it does not simply prevent me from building a
garage/workshop, it compromises one of the very reasons I decided to buy the house and
associated land thereby destroying my retirement dream; I really do not have any other
options.  I therefore write a heartfelt appeal to the Local Review Board to consider the
circumstances I faced when buying this property, my reasons for doing so and to put
themselves in my position.  I would like to think the Review Board will make a decision based
on the outcome individual members would hope for if they faced similar circumstances
rather than dogmatically apply policy as if it were a law that cannot be broken.
Thank you for your consideration, 
Applicant
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1 
SECOND ADDITIONAL SUPPORTING STATEMENT
30 December 2024
Change of use of woodland to garden ground to permit the erection of a domestic garage
workshop at Beulah, Garmouth, Proposal Ref: 100687032-001 
1. EXISTING GARAGE
1.1.  Further to my Additional Supporting Statement dated 27 November 2024, I would like
to add some details on the existing garage facility at Beulah.  I feel this would be helpful to
illustrate why I am requesting permission to build a suitable garage/workshop facility.
1.2.  The current garage at Beulah came with the purchase of the property.  It is an old
structure that appears to be made up from an old house (Alma Cottage) with an additional
area attached at the rear.
1.3.  The garage is inadequate for several reasons.  Please refer to the attached photographs
which illustrate the following points.
1.3.1  First it floods during periods of heavy or persistent rain.  This is a major
problem since valuable items are being ruined.  For example my expensive tools are
starting to rust.
1.3.2. Secondly, the roof is not high enough to be able to install a ramp.  This is an
essential piece of equipment since the engine can only be removed from underneath
the race car.
1.3.3.  Thirdly the floor space is insufficient.  I have a number of pieces of garage
equipment that I need to access on a regular basis, numerous spares to store and the
need for a ‘clean’ area to service and build items such as engine and gearbox.  The
attached photographs show how cramped and inadequate the current area is.
1.3.4.  Fourthly, the structure is old and rotting.  In particular the walls of the original
house are made of timber.  It will need to be demolished some time in the near
future.  I have nowhere else to store all my race/garage equipment in the interim.
1.4  I trust the above adds further information as to why this garage/workshop proposal is of
such personal importance and is more than just a casual application. 
Applicant
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BEULAH, GARMOUTH 
FOCHABERS, MORAY IV32 7LE 
TREE SURVEY & TREE PROTECTION PLAN 
GROVES FORESTRY 
REDBRIARS, PLUSCARDEN, ELGIN
MORAY, IV30 8UD 
SEPTEMBER 2024 
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1.  Introduction 
owner of Beulah, Garmouth, Fochabers, Moray, IV32 7LE, commissioned
Angus Dixon of Groves Forestry Company in January 2024, to survey the trees on and
adjacent to the site of a proposed new garage at Beulah, to record the type and condition of
the trees situated there and set out proposals for management of the trees during and after the
development works. 
2.  Description of the site 
The land on which the trees are situated, belongs to , it is located at NJ340630.
The land where the garage is to be built has an area of 0.09ha, it was formally part of a Scots
pine plantation, planted around 1970. The Scots pine were felled around four years ago and
the land was replanted with silver birch and a small number of Scots pine, holly and beech.
Adjacent to the proposed garage site on the south and east sides, is woodland extending to
around 0.2ha where there are 22 young and mature trees, mainly Scots pine with one each of
larch sessile, rowan and sycamore, that are close enough to the site to be included in this tree
survey. The 22 trees are aged between around 15 to 50 years. These 22 trees have been
individually surveyed and recorded in the schedule, (4) below and are marked on the attached
map. 
The condition of the replanted trees is described in section (5). 
The woodland is not recorded as being native woodland, but is mapped as ancient semi-
natural woodland. 
The proposed garage site is bounded on the west side by the C class public road, running
north from Mosstodloch to Garmouth and on the east side by the conifer plantation of which
this area is part. 
The site is level with an altitude of around 30m. 
The soil is podzolic brown earth overlaying alluvial deposits over sandstone. 
The ground vegetation is mostly grass, bracken, woodrush, raspberry, rhododendron, moss,
bramble and gorse. 
3.  Survey Method 
The trees in area have been surveyed to British Standard 5837 (2012) to record the following
data: 
• Location
• Reference number
• Height (m)
• Stem diameter (cm)
• Crown spread in four compass directions (m) 
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• U.A.B.C. rating where –   
U = Remove tree 
A = High value tree 
B = Medium value tree 
C = Low value tree 
4.  Schedule of trees in area adjacent to proposed building site 
Crown spread (m)
Tree
No.
Species Height
(m)
DBH
(cm)
N E S  W  Age  Category  Comments
1 BE 6.5 9 3 2 2 2 10 A Crown clearance is 1.5m
As this tree grows larger, it
may well become a hazard to
the new garage.
2 SP 19 31 2 2.5 2 3 50 C Thin crown
3 SP 21 31 2.5 1.5 1 3 50 B 
4 SP 22 29 1.5 1 1.5 1.5 50 B 
5 SP 21 30 2 3 1 2 50 C Thin crown
6 OK 16 39 4 2 3.5 5 50 B 
7 SP 21 37 1.5 2 2 2 50 A 
8 LA 21 40 2 3 3 3 50 B
9 SP 20 36 2 1 1.5 2 50 C 
10 SP 23 32 1.5 2 1.5 2 50 B 
11 SP 22 35 3 2 2.5 2 50 C Tree has old house name sign
attached to trunk
12 SP 19 22 1.5 1 1 1 50 C Thin crown, suppressed tree
13 SP 20 31 2 2.5 1.5 1.5 50 B 
14 RO 5.5 8/8 2 1 1.5 2 20 C
15 SP 21 42 2 2.5 2 3 50 C 
16 SP 19 28 1 1 1 1 50 C/U Tree has a small crown and
has blown over towards the
east some years ago and is
leaning on tree no. 17.
Consider felling
17 SP 21 34 2.5 2.5 1.5 2 50 B 
18 SYC 9 16 4 3 2 2.5 15 C 
19 SP 22 18 0 0 0.5 0.5 50 C Very small crown
20 SP 17 18 1.5 1.5 1.5 1.5 50 C 
21 SP 21 24 0.5 1 1 0 50 C Very small crown
22 SP 21 33 3 3 1 2 50 C 
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Page 66

Species Key 
SP:      Scots pine:  pinus sylvestris  
OK:   Sessile oak: quercus petraea  
RO:   Rowan: sorbus aucuparia 
BE:      Beech: fagus sylvatica 
All the trees included in this survey have a life expectancy of at least 40 years. 
The crown clearance has been recorded for tree no.1, the 10 year old beech, because it is
situated within the development area. The other 21 trees are outside the development area and
crown clearance is not relevant. 
Tree numbers 2 to 22 are situated far enough away from the garage that they will not cause
the new building any adverse effect, nor will the trees be damaged by the construction of the
garage as long as the guidelines set out in section 6 of this report are followed.   
5. Young trees on proposed building site 
The 0.09ha proposed garage site has been planted with around 30 silver birch and a small
number of Scots pine, holly and beech. These trees are between 30cm and 100cm high and
are in good health. 
These trees could be transplanted to a new woodland creation site before building work
begins. 
It is proposed that a new woodland, to compensate for the loss of this area of trees, is planted
at Nether Brown Muir, a site on the north side of Brown Muir hill, above Millbuies, (grid
reference NJ250653) on the property of Mr Brian Sim. 
A 0.18ha native woodland would have 260 trees planted, species could be as follows: 
Sessile oak.   60no.
Silver birch.    70no.
Hazel.             30no.         
Gean              30no.
Rowan.           30no.
Scots pine.     20no.
Hawthorn.       20no. 
The trees should be fitted with 1.2m shelters. Maintenance of the trees would be 
Weeding with herbicide and replacement planting of any failed trees. 
6.  Tree Protection Plan - care of retained trees on development sites 
The retained trees to the south and east of the proposed garage site, will be protected by
establishing a root protection area at least 5m from the trees, so that the retained trees remain
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in good health once work is complete and do not go into decline as a result of damage
sustained during the work. 
The existing boundary fence of the site can form the boundary of a root protection area
(RPA) for trees number 2 to 22. Tree number 1, a young beech, situated within the garage
site, will need its own root protection area formed by construction of fence at least 3m from
the tree stem, to prevent the following activities: 
• Soil stripping, excavation of trenches laying of services should not be carried out
within the root protection area, except where the existing access road cuts through the
RPA and here a trench for services should be dug in the middle of the road at the
furthest distance from trees growing on either side of the road.
• The ground level should not be increased within the RPA by spreading extra soil
there.
• Storage of heavy materials and equipment must not take place on ground beneath
trees            
within the RPA.
• Physical damage to trees from machines etc on site must not occur, nor should cables,
scaffolding or other materials be attached to trees.
• Trees should not be damaged by fire from burning debris, if this is to take place. 
Such measures, as outlined above following Moray Council’s guidance for protection of trees
on development sites, will prevent damage to the root within the RPA and avoid the sudden
or slow decline of the retained trees. 
Angus Dixon BSc 
Groves Forestry Co Red Briars, Pluscarden, Elgin, Moray, IV30 8UD 
25th January 2024 
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Page 69

Grampian Conservancy
Scottish Forestry
Portsoy Road
Huntly
AB54 4SJ
0300 067 6210
grampian.cons@forestry.gov.scot
Conservator: James Nott
 
  
23-Dec-2021
Dear 
Felling Permission Application (Forestry and Land Management (Scotland) Act 2018)
Case Reference: FPA-8678
Property Name: Cara Villa, Garmouth, IV32 7LE - Storm Arwen
 
I refer to your application referenced above and I now enclose the approved Felling Permission. If you are an agent receiving
this Felling Permission on behalf of the owner, you are obliged to forward a copy to the owner for their retention.
 
We approved your application on the basis that we consider it has addressed all known issues relating to the application area,
and demonstrates sustainable forest management in line with the principles of the UK Forestry Standard
Please note the felling approval period associated with this Felling Permission. If felling has not been completed by the end of
this period, a new permission will be required.
If this application has been approved with conditions, and you do not agree with the stated conditions, then you may appeal
our decision for these under section 68 of the Act.  For more information please see our website or contact the issuing office.
Yours sincerely
Admin Officer
 
 
 
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Additional Notes:
1. If a Tree Preservation Order is placed on any of the trees after this felling permission is issued, the consent of the
Local Authority must be obtained before they are felled.
 
2. Others involved with the felling should be told about this felling permission e.g. by giving a copy of the permission
and map to the person felling the trees.  If the land is sold, the new owner should also be told about this felling
permission.
 
3. Please refer to the agreed routes for timber haulage.  The agreed routes map can be viewed on the Timber
Transport Forum website (http://timbertransportforum.org.uk/).  As many routes are subject to consultation or
restrictions you should discuss and agree your haulage plans (routes and volumes) with the local authority in
advance of commencing operations.
 
4. Under the Nature Conservation (Scotland) Act 2004 as amended by the Wildlife and Natural Environment
(Scotland) Act 2011, anyone planning, permitting or carrying out forest operations or other activities in woodlands
should be aware of their wildlife protection responsibilities.
 
5. Under the Water Environment and Water Services (Scotland) Act 2003, anyone planning, permitting, or carrying
out forest operations or other activities in woodlands should be aware of their responsibilities for the protection
and improvement of water quality and aquatic ecosystems. See http://www.forestrywaterscotland.com/for more
information.
 
6. If you are to fell Larch within the P. ramorum Zone 1 (outside the Management Zone) or Zone 2 areas where you
are within 10km of a known infection (which are indicated on the  regularly updated map), you must contact your
local Conservancy Office before you begin felling to find out if the stand needs to be inspected to confirm the
presence or absence of Phytophthora ramorum.  The inspection cannot be carried out until the trees are fully in
needle.
 
7.
Forestry can be dangerous.  The Forest Industry is working together to raise the standards of health, safety and
welfare in the work place.  More information can be found at: http://www.ukfisa.com/
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Page 73

1. Felling Permission Ref No(s) or Statutory Plant Health Notice (SPHN) number Date Approved          
FPA-8678 Thu, 23 Dec 2021
UK Timber Regulation
Due Diligence checklist for timber grown in Great Britain
This document is intended to help meet the obligations placed on "operators” to undertake a risk assessment when placing timber or timber
products on the market, as defined under UK legislation governing timber legality. It outlines the risk factors associated with timber grown in
Great Britain (see overleaf).
The details of the timber species, timber volume etc. are listed on the Felling Permission or Forest Plan.
Evidence of Lawful Harvesting
(If the recipient of the felling permission, or SPHN is felling the timber but not directly placing it on the market then the due diligence form must
be passed to the agent or company who are doing so).
OR
2. Forest Management Plan Ref No (s) Date Approved
 
 
 
Date:
Senior Operations Manager, Scottish Forestry Thu, 23 Dec 2021
3. In absence of felling permission, or SPHN or forest plan:
Where the timber came from :
Name & Address of Supplier/Land Owner:
 
Reason the timber does not derive from an approved felling permission or a forest plan:
 
Certification: If the timber is independently certified enter the certificate number below:
 
Additional Risk Factors: If there are any factors (not covered overleaf) that indicate a risk that the timber could be illegally harvested, enter
these below with an explanation of how that risk has been mitigated.
Factor Means of Mitigation
 
 
 
 
 
 
Declaration by the operator: I declare that the timber referred to above is grown in Great Britain. I have identified any additional risk factors
and the action taken to mitigate that risk, and I have no reason to believe that there are further risks of the timber being illegal.
Signed:
Dated:
Further guidance on timber regulations can be found at:
https://www.gov.uk/guidance/trading-timber-imports-and-exports-from-1-january-2021
 
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Page 74

The timber described overleaf was produced from forests in Scotland, part of Great Britain, where the following risk factors apply.
1. Illegality - Forests in Scotland are regulated by Scottish Forestry, an executive agency of the Scottish Government. The incidence of illegal
felling in Scotland is low, estimated at much less than 1% of the timber volume harvested.
2. Governance - Great Britain is ranked highly for good governance in independent assessments, such as The Worldwide Governance
Indicators project (funded by The World Bank). Moreover forestry proposals in Great Britain are available for comment and Great Britain is
well served by bodies from civil-society that contribute specialist knowledge and opinion to the assessment of forestry proposals.
3. International Perspective - There is no UN Security Council ban on timber exports from Great Britain and Great Britain is not associated
with or designated as a source of 'conflict timber', both of which are key international indicators of illegality.
4. Forest Regulation - Scotland has specific forest laws (principally, The Forestry and Land Management (Scotland) Act 2018) which convey
powers to regulate forestry activities, control felling, administer woodland grants and to manage state forests.  The Forestry Commission
issued a revised UK Forestry Standard (UKFS) in 2017 which provides a benchmark against which forestry is regulated and is explicit in
terms of legal requirements and the assurances of legality and sustainability that can be given by the process of forest regulation.  Scottish
Forestry are the competent authority with respect to Forestry (Environmental Impact Assessment) (Scotland) Regulations 2017.  The Forestry
Commission reports on behalf of the United Kingdom the sustainability of UK/Great Britain forests in the Global Forest Resources
Assessment and Forest Europe indicators and compiles annual statistical information. Scottish Forestry contributes to this reporting. These
various sources of information indicate that forests in Scotland, part of Great Britain/UK, are managed on a sustainable basis.
5. Endangered Timber Species - There are no endangered timber species present in Great Britain.
6. Assessment of UK grown timber by the certification schemes - The two major international certification schemes, FSC and PEFC, have
assessed Great Britain as being of low risk in terms of their "Controlled Wood" and "Avoidance of Controversial Sources" respectively.  This
allows up to 30% of non-certified home grown timber to enter supply chains. Approximately 80% of timber coming to the market in Great
Britain has been independently certified as coming from well managed forests.  This is in addition to the regulatory processes outlined above.
Notes for completion of form
The person who first places timber / timber products on the market or uses them is defined as an ‘Operator’ under the Regulation:
If you are a landowner, harvesting and selling the trees, then complete this form and keep it with the felling permission/forest plan or other
details (as appropriate) together with details of the contract for sale of the timber.
If you are buying the timber 'standing' and harvesting the trees, then complete this form, ask for a copy of the felling permission or forest plan
approval from the owner and keep this form together with details of the contract for purchase of the timber.
It is important to keep a record for at least 5 years, as required by the legislation, of timber sales and purchases.
 
 
 
 
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9/9
Alternative Restocking Map(s)
 
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Mabbett & Associates Ltd, Corporate and Registered Office: 13 Henderson Road, Inverness, UK, IV1 1SN
Registered in Scotland No: SC 163378 info@mabbett.eu www.mabbett.eu
Belfast  |  Cardiff  |  Dublin  | Dundee  |  Edinburgh  |  Glasgow  |  Inverness  | Leicester  |   Liverpool  
© 2024, Mabbett & Associates Ltd. All Rights Reserved. The name Mabbett and the Mabbett logo are Trade Marks licensed to Mabbett & Associates Ltd. 
4 June 2024 
Project No: 315458 
Drainage Assessment: 
New Garage at Cara Villa, Beulah, Garmouth IV32 7LE 
Prepared for: 
Contents Amendment Record 
This report has been issued and amended as follows: 
Revision Description Date Signed
1.0 First Issue 4 June 2024 G Mackintosh 
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Page 80

Drainage Assessment – Cara Villa, Garmouth IV32 7LE  315458
© 2024, Mabbett & Associates Ltd Page i
Acknowledgement 
This report has been prepared for the sole and exclusive use of Mr Richard Scott in accordance with the
scope of work presented by Mabbett & Associates Ltd (Mabbett) via email dated 25 March 2024. This
report is based on information and data collected by Mabbett. Should any of the information be incorrect,
incomplete or subject to change, Mabbett may wish to revise the report accordingly. 
This report has been prepared by the following Mabbett personnel: 
MABBETT & ASSOCIATES LTD 
Gary Mackintosh, BSc
Principal Engineer 
This report has been reviewed and approved by the following Mabbett personnel: 
David Clark, BSc (Hons)
Project Manager and Environmental Consultant 
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Drainage Assessment – Cara Villa, Garmouth IV32 7LE  315458
© 2024, Mabbett & Associates Ltd Page ii
Table of Contents 
Section 1.0 Introduction 1
1.1 Introduction to Surface Water Treatment 1
Section 2.0 Site Information and Ground Conditions 2
2.1 Existing Ground Conditions 2
2.2 Flood Risk 2
2.3 Infiltration Testing 2
Section 3.0 Surface Water 3
3.1 Minimum System Requirements 3
3.2 Recommendation - Surface Water 3
Section 4.0 Disclaimer 4
Section 5.0 References 5
Appendix 1: Site Plan and Approximate Test Hole Location 6
Appendix 2: Surface Water Soakaway Calculations 7
Appendix 3: Surface Water Soakaway Details 8 
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Drainage Assessment – Cara Villa, Garmouth IV32 7LE 315458
© 2024, Mabbett & Associates Ltd Page 1 of 4
Section 1.0 Introduction 
Mabbett & Associates Ltd (Mabbett) was commissioned by  to undertake an assessment
of the surface water management options for a garage to be built at Cara Villa, Beluah, Garmouth, IV32
7LEat or about NGR NJ 34049 62990. 
1.1 Introduction to Surface Water Treatment
With regard to surface water treatment and dispersal, Regulation 3.6 of the Building (Scotland) Regulations
2004, as reproduced below, states that: 
Every building and hard surface within the curtilage of a building, must be designed and
constructed with a surface water drainage system that will: 
(a) ensure the disposal of surface water without threatening the building and the health and
safety of the people in and around the building; and
(b) have facilities for the separation and removal of silt, grit and pollutants. 
Section 3.6.3 of the Technical Handbook provides methods of discharging surface water that, if employed,
would meet the requirements of the authorities. 
With regard to SEPA’s requirements, General Binding Rule (GBR) 10, in pursuance of the Water
Environment (Controlled Activities) (Scotland) Regulations 2011, states that the provision of a sustainable
urban drainage system (SUDS) is required unless the discharge arises from a single house or if the
discharge is to be made to coastal waters. GBR10 and the relevant associated rule is outlined overleaf. 
SEPA and Building Regulations require that infiltration systems (soakaways) are located at least: 
– 50m from any spring, well or borehole used as drinking water supply
– 10m horizontally from any watercourse (including any inland and coastal waters, permeable drain
(including culvert), road or railway
– 5m from a building or boundary  
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Drainage Assessment – Cara Villa, Garmouth IV32 7LE 315458
© 2024, Mabbett & Associates Ltd Page 2 of 4
Section 2.0 Site Information and Ground Conditions 
2.1 Existing Ground Conditions
Trial pits were excavated by a mechanical digger on 14th September 2023 by Fairhurst Consulting
Engineers to assess the existing soils and their suitability for the use of sub surface soakaways. 
The trial pits were excavated to a depth of 2.0m. The existing soils consist of 450mm Topsoils with some
roots and rootlets overlying fine medium brown sands with occasional rounded stones turning to medium
brown orange sands and medium/large rounded stones to the depth of the excavations. 
There was no evidence of contamination or water table present within the trial pits. 
2.2 Flood Risk
The SEPA Flood Map identifies the site as being at very low risk of flooding. The proposed development
lies out with any areas of potential pluvial and fluvial flooding during a 1 in 200year event. 
2.3 Infiltration Testing
Infiltration testing was carried out in full accordance with BRE digest 365 and the results can be found in
the table below: 
Infiltration  Pit Dimensions  Test Zone  Infiltration 
Test Hole No (w/l) (mgbl) Rate (m/s)        
INF01 1.2m x 1.2m 1.0m – 2.0m 1.67 x 10-4
(0.6 m/hr) 
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Drainage Assessment – Cara Villa, Garmouth IV32 7LE 315458
© 2024, Mabbett & Associates Ltd Page 3 of 4
Section 3.0 Surface Water 
3.1 Minimum System Requirements
In pursuit of compliance with Regulation 3.6 of the Building (Scotland) Regulations 2004, Section 3.6.3 of
the Technical Handbook provides methods of discharging surface water that, if employed, would meet the
requirements:
(a) a SUD system designed and constructed in accordance with clause 3.6.4;
(b) a soakaway constructed in accordance with:
 clause 3.6.5;
 the guidance in BRE Digest 365, ‘Soakaway Design’, or
 National Annex NG 2 of BS EN 752-4: 1998;
(c) A public sewer provided under the Sewerage (Scotland) Act 1968;
(d) An outfall to a watercourse, such as a river, stream or loch or coastal waters, that complies with any
notice and/or consent by SEPA, or
(e) If the surface water is from a dwelling, to a storage container with an overflow discharging to either of
the 4 options above. 
The area to be drained consists of the roof of the garage. 
3.2 Recommendation - Surface Water
Mabbett recommends that a new standard stone filled surface water soakaway be installed to manage the
runoff from the roof of the garage.
The surface water calculations within Appendix 2 detail the requirement and suitability of a soakaway with
dimensions of 4m x 2.5m x 1.2m below the invert of the inlet. The sizing has been based on a contributing
area of 240m² (Roof with extra over) for a 1:30year event with 37% allowance for climate change. 
The soakaway details have been included within Appendix 3. 
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Drainage Assessment – Cara Villa, Garmouth IV32 7LE 315458
© 2024, Mabbett & Associates Ltd Page 4 of 4
Section 4.0 Disclaimer 
The content of this assessment is for internal use only and should not be distributed to third parties unless
under the expressed authority of our client. The designs, recommendations and outline proposals shall
remain the property of Mabbett & Associates Ltd and shall not be plagiarised in any form without authority
to do so. The comments and recommendations stipulated are solely those expressed by Mabbett &
Associates Ltd, and both parties understand that the comments and recommendations expressed are not
binding. Mabbett & Associates Ltd confirms that reasonable skill, care, and diligence have been applied
and that any design element has been carried out using verifiable and approved reference documentation. 
No responsibility shall be assumed by Mabbett & Associates Ltd for system failure as a result of incorrect
installation work by contractors assigned by the client or incorrect or inappropriate implementation of
Mabbett & Associates Ltd’s recommendations.
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© 2024, Mabbett & Associates Ltd 
Section 5.0 References 
Building (Scotland) Regulations 2004 
The Scottish Building Standards: Technical Handbook 2019: Domestic 
The Water Environment (Controlled Activities) (Scotland) Regulations 2011 
SEPA: The Water Environment (Controlled Activities) (Scotland) Regulations 2011 - A Practical Guide)
Version 9.3, June 2023. 
Page 86

Page 87

© 2024, Mabbett & Associates Ltd Appendix 1
Appendix 1: Site Plan and Approximate Test Hole Location 
Page 87

Page 88

DO
NOT
SCALE
FROM
THIS
DRAW
ING, IF
IN
DOUBT
PLEASE
ASK.
ALL DIMENSIONS
TO
BE
CHECKED
ON
SITE
PRIOR
TO
COMMENCEMENT.
THIS
DRAW
ING
IS
THE
COPYRIGHT
OF
MABBETT
&
ASSOCIATES
LTD
Client
Project
Drawing No:
Scale
Drawing
Rev
Drawn
Status
Sheet
Check
Date
W
illow
House
Stoneyfield Business Park
Inverness 
IV2 7PA
Tel: 01463 237229
www.mabbett.eu
Description
Date
Rev.
Drawn
DC
04/06/24
PL01
X
315458
A3
GMNTS
Issue
Test Hole Location
Site Plan
Garmouth IV32 7LE
Cara Villa, Beluah
New Garage
Mr and Mrs Seely
-
-
-
-
north
Page 88

Page 89

© 2024, Mabbett & Associates Ltd Appendix 2 
Appendix 2: Surface Water Soakaway Calculations 
Page 89

Page 90

MabbeƩ & Associates Ltd
Unit 2 Horizon Scotland
Forres Enterprise Park
Forres
File:
Network: Storm Network
Gary Mackintosh
04/06/2024
Page 1
Cara Villa
Beluah
Garmouth IV32 7LE
Flow+ v10.6.234 Copyright © 1988-2024 Causeway Technologies Ltd
Design Seƫngs
Rainfall Methodology
Return Period (years)
AddiƟonal Flow (%)
FSR Region
M5-60 (mm)
RaƟo-R
CV
Time of Entry (mins)
FSR
30
0
Scotland and Ireland
14.000
0.300
0.750
5.00
Maximum Time of ConcentraƟon (mins)
Maximum Rainfall (mm/hr)
Minimum Velocity (m/s)
ConnecƟon Type
Minimum Backdrop Height (m)
Preferred Cover Depth (m)
Include Intermediate Ground
Enforce best pracƟce design rules
30.00
50.0
1.00
Level Soĸts
0.200
1.200
✓
✓
Nodes
Name Area
(ha)
T of E
(mins)
Cover
Level
(m)
Depth
(m)
One 0.024 5.00 100.000 2.000
SimulaƟon Seƫngs
Rainfall Methodology
FSR Region
M5-60 (mm)
RaƟo-R
Summer CV
Winter CV
FSR
Scotland and Ireland
14.000
0.300
0.750
0.840
Analysis Speed
Skip Steady State
Drain Down Time (mins)
AddiƟonal Storage (m³/ha)
Check Discharge Rate(s)
Check Discharge Volume
Normal
x
240
20.0
x
x
Storm DuraƟons
15 30 60 120 180 240 360 480 600 720 960 1440
Return Period
(years)
Climate Change
(CC %)
AddiƟonal Area
(A %)
AddiƟonal Flow
(Q %)
30 37 0 0
Node One Soakaway Storage Structure
Base Inf Coeĸcient (m/hr)
Side Inf Coeĸcient (m/hr)
Safety Factor
Porosity
0.00000
0.60000
2.0
0.30
Invert Level (m)
Time to half empty (mins)
Pit Width (m)
Pit Length (m)
98.000
46
2.500
4.000
Depth (m)
Inf Depth (m)
Number Required
1.200
1
Other (defaults)
Entry Loss (manhole)
Exit Loss (manhole)
0.250
0.250
Entry Loss (juncƟon)
Exit Loss (juncƟon)
0.000
0.000
Apply Recommended Losses
Flood Risk (m)
x
0.300
Rainfall
Event Peak
Intensity
(mm/hr)
Average
Intensity
(mm/hr)
Event Peak
Intensity
(mm/hr)
Average
Intensity
(mm/hr)
30 year +37% CC 15 minute summer
30 year +37% CC 15 minute winter
30 year +37% CC 30 minute summer
30 year +37% CC 30 minute winter
30 year +37% CC 60 minute summer
30 year +37% CC 60 minute winter
233.120
163.593
158.607
111.303
110.420
73.360
65.965
65.965
44.880
44.880
29.181
29.181
30 year +37% CC 120 minute summer
30 year +37% CC 120 minute winter
30 year +37% CC 180 minute summer
30 year +37% CC 180 minute winter
30 year +37% CC 240 minute summer
30 year +37% CC 240 minute winter
69.521
46.188
54.101
35.167
43.168
28.680
18.372
18.372
13.922
13.922
11.408
11.408
Page 90

Page 91

MabbeƩ & Associates Ltd
Unit 2 Horizon Scotland
Forres Enterprise Park
Forres
File:
Network: Storm Network
Gary Mackintosh
04/06/2024
Page 2
Cara Villa
Beluah
Garmouth IV32 7LE
Flow+ v10.6.234 Copyright © 1988-2024 Causeway Technologies Ltd
Rainfall
Event Peak
Intensity
(mm/hr)
Average
Intensity
(mm/hr)
Event Peak
Intensity
(mm/hr)
Average
Intensity
(mm/hr)
30 year +37% CC 360 minute summer
30 year +37% CC 360 minute winter
30 year +37% CC 480 minute summer
30 year +37% CC 480 minute winter
30 year +37% CC 600 minute summer
30 year +37% CC 600 minute winter
33.404
21.713
26.576
17.656
21.940
14.991
8.596
8.596
7.023
7.023
6.001
6.001
30 year +37% CC 720 minute summer
30 year +37% CC 720 minute winter
30 year +37% CC 960 minute summer
30 year +37% CC 960 minute winter
30 year +37% CC 1440 minute summer
30 year +37% CC 1440 minute winter
19.685
13.230
16.343
10.826
12.041
8.093
5.276
5.276
4.304
4.304
3.227
3.227
Page 91

Page 92

MabbeƩ & Associates Ltd
Unit 2 Horizon Scotland
Forres Enterprise Park
Forres
File:
Network: Storm Network
Gary Mackintosh
04/06/2024
Page 3
Cara Villa
Beluah
Garmouth IV32 7LE
Flow+ v10.6.234 Copyright © 1988-2024 Causeway Technologies Ltd
Results for 30 year +37% CC CriƟcal Storm DuraƟon.  Lowest mass balance: 100.00%
Node Event US
Node
Peak
(mins)
Level
(m)
Depth
(m)
InŇow
(l/s)
Node
Vol (m³)
Flood
(m³)
Status
Link Event
(Upstream Depth)
US
Node
Link Ouƞlow
(l/s)
60 minute winter One 46 99.170 1.170 4.0 3.7909 0.0000 OK
60 minute winter One InĮltraƟon 1.3
Page 92

Page 93

© 2024, Mabbett & Associates Ltd Appendix 3 
Appendix 3: Surface Water Soakaway Details 
Page 93

Page 94

100mm
BED TO BE PIPE
BEDDING MATERIAL
150mm
BED
TO BE PIPE
BEDDING
MATERIAL
450mm
DIA INSPECTION
CHAMBER AND COVER
100mm
BED TO
BE PIPE BEDDING
MATERIAL
100mm
DIA SOLID PIPE
100mm
DIA SOLID PIPE
100mm DIA SOLID PIPE
PIT FILLED WITH CLEAN
CRUSHED ROCK,
SURROUNDED WITH
TERRAM
1000 OR
EQUAL. BASE OF PIT
OPEN - NO TERRAM
150mm
DIA UPVC INSPECTION
1200mm
800mm MIN COVER
MD COVER AND FRAME
RODDING EYE COVER
LONGITUDINAL SECTION THROUGH
RAINW
ATER SOAKAW
AY (NTS)
Dimensions as per Report
FULLY PERFORATED 150mm
pvc PIPE
DO
NOT
SCALE
FROM
THIS
DRAW
ING, IF
IN
DOUBT
PLEASE
ASK.
ALL DIMENSIONS
TO
BE
CHECKED
ON
SITE
PRIOR
TO
COMMENCEMENT.
THIS
DRAW
ING
IS
THE
COPYRIGHT
OF
MABBETT
&
ASSOCIATES
LTD
Client
Project
Drawing No:
Scale
Drawing
Rev
Drawn
Status
Sheet
Check
Date
W
illow
House
Stoneyfield Business Park
Inverness 
IV2 7PA
Tel: 01463 237229
www.mabbett.eu
Description
Date
Rev.
Drawn
DC
04/06/24
PL02
X
315458
A3
GMNTS
Issue
Construction Details
Surface Water Soakaway
Garmouth IV32 7LE
Cara Villa, Beluah
New Garage
Mr and Mrs Seely
-
-
-
-
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Friday 2nd April 2021  
1 Oikos Architectural Limited - Registered in Scotland No.272963   VAT Reg. No. 847654487
Highland Office
4 Bridge Street
Nairn
Highlands
IV12 4EJ 
t 01667 300230
PLANNINGCONSULTANCY
ARCHITECTURALDESIGN
PROJECTM
ANAGEM
ENT
RENEW
ABLECONSULTANCY
Lossiemouth Office
Ellel, James Street
Lossiemouth
Moray
IV31 6BX 
t 01343 612305
Head Office - Moray
69 St Brendans
South Guildry Street
Elgin
Moray
IV30 1QN 
t 01343 540020
e office@cmdesign.biz
w cmdesign.biz
Devon Office
The Generator Quay House
The Gallery, Kings Wharf
Exeter
EX2 4AN 
t 01392 345566
DRAINAGE STATEMENT 
Erection of New Garage & Workshop
At Beulah, Garmouth: 240008 
INTRODUCTION: 
This Drainage Statement has been prepared by CM Design Architectural &
Planning Consultants in response to recent changes in Moray Council Policy, which
seek to steer development away from areas at risk of flooding and to ensure that
any new development does not impact upon flooding issues in Moray. 
National Planning Framework 4 (NPF4) requires Planning Authorities to take into
account Flood risk when considering new development. This Drainage Statement
confirms there to be no flood risk issues on the application site whatsoever. 
This statement has been prepared in line with the National Planning Framework 4
(NPF4) dated Feb 2023.   
SITE DESCRIPTON: 
The proposed site is situated on land West of Beulah, Garmouth. The site represents
a wooded area of garden with the total site equating to  approximately 7,269m2. 
The SEPA Flood Maps have been consulted which indicate that there is no risk of
flooding. 
A basic site level survey has also been carried out demonstrating how the site
gently slopes North to South on well-draining grounds. 
The proposed development is to erect a Garage and Workshop within the grounds
of the existing House.  All services are within the Site. 
SITE CONDITIONS: 
The site is believed to have good infiltration rates based on a walkover survey and
the presence of the adjacent property. There have been no excavation or
percolation tests carried out at this stage. A report by Mabbett will follow once the
necessary survey and tests have been undertaken. 
DRAINAGE DESIGN: 
Rain water will be dealt with my means of a private surface water soakaway,
within the site, and sited a minimum of five meters from both the Garage and any
site boundary.  There is ample space within the site for this to be achieved. 
All soakaways will inevitably be designed by a qualified engineer and will conform
to Technical Standard handbook design and ensure that the Post-development
runoff rate does not exceed the pre-development runoff rate or increase the risk of
Page 95

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Friday 2nd April 2021  
2 Oikos Architectural Limited - Registered in Scotland No.272963   VAT Reg. No. 847654487
Highland Office
4 Bridge Street
Nairn
Highlands
IV12 4EJ 
t 01667 300230
PLANNINGCONSULTANCY
ARCHITECTURALDESIGN
PROJECTM
ANAGEM
ENT
RENEW
ABLECONSULTANCY
Lossiemouth Office
Ellel, James Street
Lossiemouth
Moray
IV31 6BX 
t 01343 612305
Head Office - Moray
69 St Brendans
South Guildry Street
Elgin
Moray
IV30 1QN 
t 01343 540020
e office@cmdesign.biz
w cmdesign.biz
Devon Office
The Generator Quay House
The Gallery, Kings Wharf
Exeter
EX2 4AN 
t 01392 345566
flooding risk through any discharge to a receiving watercourse.  A copy of this
report will be submitted in due course. 
We trust this Drainage Statement alleviates any flooding concerns in the
meantime. 
Sincerely yours, 
Sincerely yours, 
MIRIAM DUNCAN 
ARCHITECTURAL TECHNICIAN 
MIRIAM@CMDESIGN.BIZ 
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REPORT OF HANDLING 
Ref No: 24/01517/APP Officer: Fiona Olsen
Proposal
Description/
Address  
Change of use of ancient woodland to garden ground and erect a domestic
garage/workshop at Beulah Garmouth Fochabers Moray
Date: 14.01.2025 Typist Initials: LMC 
RECOMMENDATION
Approve, without or with condition(s) listed below N
Refuse, subject to reason(s) listed below Y
Legal Agreement required e.g. S,75 N
Notification to Scottish Ministers/Historic Scotland N
Hearing requirements
Departure N
Pre-determination N 
CONSULTATIONS
Consultee Date
Returned Summary of Response 
Contaminated Land 08/10/24 No Objections.
Transportation Manager 11/10/24 No Objections subject to conditions. 
Moray Flood Risk Management 15/10/24 No Objections. 
DEVELOPMENT PLAN POLICY
Policies Dep Any Comments 
(or refer to Observations below)
NPF1 - Tackling the Climate N Complies
NPF2 - Climate mitigation and adaptation N Complies
NPF3 - Biodiversity N Complies
NPF4 - Natural Places Y 
NPF5 - Soils N Complies
NPF6 - Forestry, woodland and trees Y 
NPF7 - Historic assets and places N Complies
NPF13 - Sustainable transport N Complies
NPF14 - Design, quality and place Y 
NPF15 - Local living N Complies
NPF16 - Quality homes Y 
NPF22 - Flood risk N Complies
NPF23 - Health and safety N Complies
PP1 Placemaking N Complies
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Page 2 of 7
PP2 Sustainable Economic Growth N Complies
PP3 Infrastructure and Services N Complies
DP1 Development Principles Y 
EP1 Natural Heritage Designation N Complies
EP2 Biodiversity N Complies
EP3 Special Landscape Areas Y 
EP7 Forestry Woodland and Trees Y 
EP12 Management and Enhancement Water N Complies
EP13 Foul Drainage N Complies
EP14 Pollution Contamination Hazards N Complies 
REPRESENTATIONS
Representations Received  NO
Total number of representations received
Names/Addresses of parties submitting representations 
Summary and Assessment of main issues raised by representations
Issue: 
Comments (PO): 
OBSERVATIONS – ASSESSMENT OF PROPOSAL 
Section 25 of the 1997 Act as amended requires applications to be determined in accordance with
the Development Plan i.e. the adopted National Planning Framework 4 (NPF4) and Moral Local
Development Plan 2020 (MLDP) unless material considerations indicate otherwise. 
The main planning issues are considered below: 
Proposal    
The application seeks planning permission to change the use of an area of ancient woodland to
domestic garden ground and erect a domestic garage/workshop.    
The proposed garage would measure approx. 20m x 10m x 7.5m (to the roof ridge). The building
would compromise a cuboid chape with a pitched roof and large box dormer on the front roof plane. 
Two roller shutter doors, and an access door are also proposed on the front with a 'lorry port' to be
attached to the north elevation. The accommodation will be across two floors with space for cars on
the ground floor and  a workshop and store on the first floor. 
The garage is proposed to be finished in rendered blockwork walls and a steel profile roof.    
Site  
The site sits to the west of an existing dwellinghouse (separated by a private access track) and is
approx. 756sqm. The existing dwellinghouse is 'Beulah', Garmouth. The dwelling was erected in the
late 1990s under 96/02088/FUL and 95/01560/FUL.    
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Page 3 of 7
The site for the garage did not form part of the original site boundary for the dwelling when approved
in 1996 and 1997. As such the site remains designated Ancient Woodland. The site was felled
approx. 4 years ago and has been replanted with a small number Silver Birch, Scots pine, holly and
beech.   
The site is also within the Lower Spey and Gordon Castle Special Landscape Area.    
The site lies adjacent to but not within an area of medium risk of river flooding as per the SEPA flood
maps.      
Policy Assessment  
Ancient Woodland and Tree Removal (NFP4 Policy 6, MLDP 2020 Policy EP7) 
NPF4 Policy 6(b) Development proposals will not be supported where they will result in any loss of
ancient woodland.    
EP7 requires that proposals must retain healthy trees and incorporate them within the proposal
unless it is technically unfeasible to retain these. Where trees exist on or bordering a development
site, a tree survey, tree protection plan and mitigation plan must be provided with the planning
application if the trees or trees bordering the site have the potential to be affected by development
and construction activity. This means that the removal of trees will only be permitted where key
infrastructure such as pipes, power lines, access, etc. are required to facilitate the development and it
has been satisfactorily demonstrated by the applicant that this cannot be achieved in any other way
and the main element of the design has incorporated healthy trees into the proposal. The MLDP2020
Supplementary Guidance states that the removal of trees will only be Policy EP7 also requires that
where it is technically unfeasible to retain trees compensatory planting on a one for one basis must
be provided within the site.      
As outlined the site is on an area of ground designated Ancient Woodland and the proposals seek to
change the use of this area of ground to domestic garden ground and erect a domestic
garage/workshop. NPF4 Policy 6 does not support the loss of any ancient woodland.  A tree survey
has been submitted which outlines that the site was felled around 4 years ago and has been
replanted with around 30 young silver birch, some Scots pine, holly and beech. These trees are
between 30cm and 100cm and are in good health. Whilst the report states that the trees could be
transplanted to a new woodland creation site, the change of use of the ground to domestic garden
ground would result in the permanent loss of an area of ground designated Ancient Woodland. It is
also noted that Ancient Woodland comprises not only trees but the ground vegetation and soils in
which trees sit. As a result, the proposals would fail to comply with NPF4 Policy 6 due to the
permanent loss of woodland which would occur.    
Whilst a tree survey has been submitted, the trees are deemed to be healthy as per the tree survey
submitted and the proposal to remove the trees from the site (albeit with the potential to transplant
the trees to a new site and create a new woodland) to form the new garage would not comply with
MLDP 2020 Policy EP7 as it is not considered technically unfeasible to retain the trees (i.e. the
removal is not required for key infrastructure such as pipes, power lines, access etc)  in line with
policy EP7. The proposal would therefore fail to comply with EP7 on tree removal. 
Siting and Design (NPF4 Policies 4, 14, 16, MLDP 2020 Policies DP1, EP3)  
NPF4 Policy 14 and DP1 together set out the need for the scale, density and character to be
appropriate to the surrounding area to create a sense of place, integrated into the surrounding
landscape with no adverse impact upon neighbouring properties in terms of privacy, daylighting, or
overbearing loss of amenity. DP1 also states that pitched roofs are preferred to flat roofs and box
dormers are not acceptable. 
NPF4 Policy 16 Quality Homes requires householder development proposals to not have a
detrimental impact on the character or environmental quality of the home or surrounding area in
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Page 4 of 7
terms of size, design, and materials and to not have a detrimental effect on the neighbouring
properties in terms of physical impact, overshadowing, or overlooking.    
The site is within the Lower Spey and Gordon Castle Special Landscape Area. As such NPF4 policy
4 requires development in local landscape designations to not have significant adverse effects on the
integrity or qualities of that area. Policy EP3 requires development proposals within SLAs to not
prejudice the special qualities of the designated area set out within the Local Landscape Designation
Review, adopt the highest standards of design in accordance with policy DP1 and other relevant
policies, minimises adverse impacts on the landscape and visual qualities the area is important for.  
The Local Landscape Designation Review refers to the Lower Spey and Gordon Castle SLA and
mentions woodlands of beech, pine and birch as a consistent feature and key quality of the area. The
review also states that the landscape is sensitive to the loss of mature woodlands and trees. 
The proposed garage is large and is considered an inappropriate scale and bulk for the proposed site
which would sit in an exposed location adjacent to the public road and remote from the parent
dwelling. Whilst the building is proposed as for domestic use only, the sheer scale and remoteness to
the main dwelling would result in the building being read as a standalone unit and not part of the main
group of buildings at Beulah. It is further noted that the applicant's supporting statement outlines that
the future intention may be to subdivide the house and garage, to allow the applicant to downsize. 
As such the proposed large-scale garage in this location, remote to the main parent dwelling, in a
prominent location adjacent to the main road and the resultant loss of trees and ancient woodland
would be considered an unacceptable development for this location as it would have a detrimental
impact on the rural wooded character of the area and would prejudice the special qualities which the
Special Landscape Area is set out for and as such is considered to fail to comply with NPF4 Policies
4, 14 and 16 and MLDP 2020 Policies DP1 and EP3. 
In terms of design, the garage would include a large, glazed box dormer on the front elevation. MLDP
2020 Policy DP1 states that box dormers are not acceptable. When coupled with the inappropriate
scale and bulk of the garage, the proposed box dormer is considered an unacceptable design feature
for the proposed building and would fail to comply with Policy DP1    
In terms of any amenity impacts, although the garage is large, it would not be considered to give rise
to an unacceptable loss of light, overshadowing or loss of privacy to any neighbouring property, given
the orientation and location of the building which would be set back from other dwellings within the
vicinity. However this would not override the aforementioned objections and the application will be
refused.    
To summarise, the proposal to change the use of the existing area of Ancient Woodland and to erect
a garage/workshop is considered unacceptable and the application will be refused. The proposals
would result in the loss of an area of Ancient Woodland and the removal of healthy trees from the site
which fails to comply with both NPF4 Policy 6 and MLDP 2020 Policy EP7. The proposed garage is
also considered to be an unacceptable scale and design for the site and would fail to comply with
NPF4 Policies 4, 16 and MLDP 2020 Policies DP1 and EP3.    
Climate Change, Biodiversity and Soils (NPF4 Policies 1, 2, 3 and 5)    
Notwithstanding the aforementioned objections with regard to tree removal and the loss of ancient
woodland, the proposals are not considered to have an unacceptable impact in terms of climate
change and soil disturbance and it is not necessary to seek formal biodiversity enhancement on a
proposal of this nature and therefore the proposal is deemed to comply with NPF4 Policies 1, 2, 3
and 5. 
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Page 5 of 7
Drainage (DP1, EP12, EP14, NPF4 Policy 22)  
A Drainage Assessment has been submitted which outlines that any surface water from the
developments will be directed to a new standard stonefilled soakaway. Ground testing and
calculations have been undertaken to confirm ground suitability.  Moray Flood Risk Management
have been consulted and have raised no objections. As such the proposed drainage arrangements
are deemed acceptable in terms of NPF4 Policy 22 and DP1, EP12 and EP14.   
This does not override the aforementioned objections with regard to the loss of ancient woodland,
loss of healthy trees and an unacceptable building scale and design and as such the application will
be refused.    
Should the application be approved as part of any future appeal, the implementation of the drainage
design would be required to be controlled by condition on any final consent.   
Conclusion   
The application will be refused as the proposals would result in the loss of an area of Ancient
Woodland and the removal of healthy trees from the site which fails to comply with both NPF4 Policy
6 and MLDP 2020 Policy EP7. The proposed garage is also considered to be an unacceptable scale
and design for the site and would fail to comply with NPF4 Policies 4, 14, 16 and MLDP 2020 Policies
DP1 and EP3. 
OTHER MATERIAL CONSIDERATIONS TAKEN INTO ACCOUNT 
None 
HISTORY
Reference No. Description 
New detached garage workshop for domestic use at Beulah Garmouth
Fochabers Moray IV32 7LE
24/00414/APP Decision Withdrawn Date Of Decision 09/07/24   
Alter and extend dwellinghouse at Beulah Garmouth Fochabers Moray IV32
7LE
23/01716/APP Decision Permitted Date Of Decision 24/11/23   
ADVERT
Advert Fee paid? Yes
Local Newspaper Reason for Advert Date of expiry 
Northern Scot Departure from development plan
No Premises 07/11/24
PINS Departure from development plan
No Premises
07/11/24 
DEVELOPER CONTRIBUTIONS (PGU)
Status N/A 
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Page 6 of 7
DOCUMENTS, ASSESSMENTS etc. *
* Includes Environmental Statement, Appropriate Assessment, Design Statement, Design and Access
Statement, RIA, TA, NIA, FRA etc
Supporting information submitted with application? YES 
Summary of main issues raised in each statement/assessment/report
Document Name:  Drainage Assessment (dated 04/06/2024, ref: 315458) 
Main Issues:  Outlines ground testing and calculations undertaken to confirm suitability for a
surface water soakaway. 
Document Name:  Drainage Statement 
Main Issues:  Outlines that site is not at risk of flooding and it is proposed to dispose of surface
waters via a surface water soakaway. 
Document Name:  Tree Survey - Groves Forestry, September 2024 
Main Issues:  Outlines details of a Tree Survey undertaken of the site which states that the
woodland is recorded as ancient semi-natural woodland. 
States that the land where the garage is to be built has an area of 0.09ha, it was
formally part of a Scots pine plantation, planted around 1970. The site was felled
approx. 4 years ago and has been replanted with a small number of Scots pine
as well as larch, rowan and sycamore. 
Document Name:  Scottish Forestry Letter (dated 23/12/2021) 
Main Issues:  Outlines details of a Felling Permission which includes restocking operations
required to be undertaken by June 2025. 
Document Name:  Supporting Statement 
Main Issues:  Outlines reason for purchase of property. Confirms proposed use of garage as
domestic for cars and potential to subdivide from main property in future. Also
discusses woodland designation of ground. 
Finaly discusses compensatory planting which would be undertaken for trees to
be removed from site. 
Document Name:  Letter of Support 
Main Issues:  Letter outlining support for application.
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Page 7 of 7 
Document Name:  Additional Supporting Statement (dated 27th November 2024) 
Main Issues: Accepts that site is within an area of designated Ancient Woodland. 
Outlines details of compensatory planting which could be undertaken 
Outlines that proposed design could be altered if unacceptable 
Again, outlines that site was deemed suitable due to remote location from
dwellinghouse as intention may be to subdivide house and garage in future, if
permitted. 
Document Name:  2nd Additional Supporting Statement (dated 30th November 2024) 
Main Issues: Outlines details of existing garage which may have been original cottage and
outlines that it is not fit for purpose and becomes inundated during periods of
heavy rainfall. 
S.75 AGREEMENT
Application subject to S.75 Agreement  NO
Summary of terms of agreement:   
Location where terms or summary of terms can be inspected:   
DIRECTION(S) MADE BY SCOTTISH MINISTERS (under DMR2008 Regs)
Section 30 Relating to EIA  NO
Section 31 Requiring planning authority to provide information
and restrict grant of planning permission  NO
Section 32 Requiring planning authority to consider the imposition
of planning conditions  NO
Summary of Direction(s)   
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(Page 1 of 3)  Ref:  24/01517/APP 
MORAY COUNCIL
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997,
as amended 
REFUSAL OF PLANNING PERMISSION 
[Fochabers Lhanbryde]
Application for Planning Permission 
TO Mr Peter Seely 
Beulah 
Garmouth 
Fochabers     
With reference to your application for planning permission under the above
mentioned Act, the Council in  exercise  of   their  powers  under  the  said  Act, 
have  decided  to REFUSE your application for the following development:- 
Change of use of ancient woodland to garden ground and erect a domestic
garage/workshop at Beulah Garmouth Fochabers Moray 
and for the reason(s) set out in the attached schedule. 
Date of Notice:  15 January 2025 
HEAD OF ECONOMIC GROWTH AND DEVELOPMENT
Economy, Environment and Finance
Moray Council
Council Office
High Street
ELGIN
Moray      
IV30 1BX
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(Page 2 of 3)  Ref:  24/01517/APP 
IMPORTANT
YOUR ATTENTION IS DRAWN TO THE REASONS and NOTES BELOW 
SCHEDULE OF REASON(S) FOR REFUSAL 
By this Notice, Moray Council has REFUSED this proposal.  The Council’s reason(s)
for this decision are as follows: - 
The proposals are contrary to National Planning Framework 4 and Moray Local
Development Plan (2020) for the following reasons:  
1. The proposed change of use an area of Ancient Woodland to domestic
garden ground is unacceptable as it would result in the loss of an area of
designated Ancient Woodland which is not supported by NPF4 Policy 6.  
2. The proposed garage would result in the removal of healthy trees from the
site which would fail to comply with MLDP 2020 Policy EP7 which only
permits the removal of healthy trees where it is technically unfeasible to
retain these.  
3. The garage is considered an unacceptable scale and design for the
prominent roadside location and would not be read alongside the main
dwellinghouse which is set on the opposite side of an existing private
access road, resulting in a detrimental impact on the rural wooded
character of the area. The garage would contain a large box dormer which
is not permitted by policy DP1. The proposals would also prejudice the
special qualities of the Special Landscape Area and would therefore fail to
comply with NPF4 Policies 4, 14, 6 and MLDP 2020 Policies DP1 and
EP3. 
LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT 
The following plans and drawings form part of the decision:-
Reference Version Title
240008.SEELY.02PP A Proposed garage/workshop details
240008.SEELY.04PP  Location and part site plan
240008.SEELY.03PP  First Floor Plan   
NOTICE OF APPEAL
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 
If the applicant is aggrieved by the decision to refuse permission for or approval
required by a condition in respect of the proposed development, or to grant
permission or approval subject to conditions, the applicant may require the planning
authority to review the case under section 43A of the Town and Country Planning
(Scotland) Act 1997 within three months from the date of this notice.  The notice of
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Page 107

(Page 3 of 3)  Ref:  24/01517/APP 
review should be addressed to The Clerk, Moray Council Local Review Body, Legal
and Committee Services, Council Offices, High Street, Elgin IV30 1BX.  This form is
also available and can be submitted online or downloaded from
www.eplanning.scotland.gov.uk   
If permission to develop land is refused or granted subject to conditions and the
owner of the land claims that the land has become incapable of reasonably
beneficial use in its existing state and cannot be rendered capable of reasonably
beneficial use by the carrying out of any development which has been or would be
permitted, the owner of the land may serve on the planning authority a purchase
notice requiring the purchase of the owner of the land’s interest in the land in
accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997. 
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APPENDIX 2 
NOTICE OF REVIEW,
GROUNDS FOR REVIEW &
SUPPORTING DOCUMENTS
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Grounds for Appeal
Response to Moray Council Refusal of ApplicaƟon for the change of use of woodland to
garden ground and erecƟon of a domesƟc garage/workshop at Beulah, Garmouth,
Fochabers, Moray, IV32 7LE 
Please read all SupporƟng Statements, in parƟcular the AddiƟonal SupporƟng Statement
dated 27 November 2024, in conjuncƟon with the following: 
1. Refusal Reason No 1.  Ancient Woodland.
The ground on which the proposed garage would sit is contained within a 681.19 ha area
called Sleepieshill which is designated Ancient Woodland,.   This area is delineated by a
perimeter within which there is no differenƟaƟon between varying secƟons of ground or
whether trees are present or not.  For example it does not disƟnguish between roads,
garden, hedgerows, fields, buildings or genuine Ancient Woodland.  It is true to say therefore
that just because ground sits within an area designated as Ancient Woodland this does not
automaƟcally mean it is such.  
Nature Scotland state that ‘in Scotland, ancient woodland is defined as land that is currently
wooded and has been conƟnually wooded since at least 1750’.  According to the Tree Survey
and Tree ProtecƟon Plan created by consultant arborist Mr Angus Dixon, BSc, Groves
Forestry Co, the land in quesƟon was formally part of a Scots pine plantaƟon planted around
1970.  The Scots pines were felled four years ago and aŌer a period of Ɵme the land was
replanted with saplings.  This piece of land cannot therefore be designated as Ancient
Woodland for two reasons.  First, the trees that were present prior to Storm Arwen were
only planted in 1970.  Secondly, it has not been conƟnually wooded since 1970 since there
were no trees standing on the site aŌer Storm Arwen in 2021.
Moray Council have acknowledged the absence of mature trees on the site but claim that
Ancient Woodland comprises not only trees but the ground vegetation and soils in which
trees sit.  This assertion is not reflected in Nature Scotland’s definition.  In addiƟon,
according to Mr Dixon there is nothing irreplaceable or worthy of special preservaƟon that
would be irrevocably lost on the proposed site; the associated vegetaƟon and soil does not
contain any unique features.
Given these facts it is technically incorrect to refuse this ApplicaƟon on the basis of the
ground being deemed to be Ancient Woodland.  
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2. Refusal Reason No 2.  Removal of Healthy Trees.
Mr Angus Dixon states in the Tree Survey and Tree ProtecƟon Plan that all saplings would be
transplanted to a new woodland creaƟon site before building work begins.  There will be no
loss of trees.  On the contrary, a greater area of woodland will be created through
compensatory replanƟng should this appeal be accepted.  To further support this
informaƟon Mr Dixon liaised with Scoƫsh Forestry with respect to the change of use of this
land to ascertain whether there was any opposition to the proposed site being used as
described.  Scottish Forestry has no objection to the proposal. 
3. Refusal Reason No 3.  Garage Scale, Design and LocaƟon.
Moray Council required a plan of the proposed garage to be submitted with the original
Application.  This had initially been omitted since it was not considered to be relevant to the
Application at that stage.  However, it was made very clear in the Supporting Statement that
the plan was purely representaƟve and that the building’s scale and design would fit in with
the surrounds to the Council’s saƟsfacƟon.  Notwithstanding this, a minimum size would
clearly be necessary to provide adequate storage and work areas.
The locaƟon of the proposed garage is the most advantageous and viable opƟon for the
following reasons:
i. The proposed locaƟon of the garage lies on the outer edge of Moray Council’s
designated Special Landscape Area (SLA) Lower Spey and Gordon Castle.  This site
minimises any perceived impact on the SLA since it would be situated on the
western boundary which is defined by the minor Garmouth to Mosstodloch road
immediately outside the driveway. The building would be invisible from the River
Spey given the cover provided by both the house and the trees on the east side
of the proposed site.  It is worth noƟng that planning permission for two separate
domesƟc dwellings have been granted within half a mile of the proposed site,
one of which adjoins it.  A refusal of the ApplicaƟon based on this criterion would
be unreasonably puniƟve and inconsistent.
ii. Neighbours have supported the site of the garage since it would be as far
removed as possible from adjoining houses.  Please refer to a leƩer from
neighbours  dated 27 January 2024.  The proposed
locaƟon is therefore to the benefit of the local community compared to a garage
located close to neighbouring dwellings.
iii. Being remotely located from the house, the site offers the flexibility of being
retainable should the need to downsize arise in the future. 
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Given the above I believe the Council’s refusal of the ApplicaƟon is technically incorrect
(Ancient Woodland) and an overly rigid applicaƟon of policy.  It is hoped that the Local
Review Body will take into account the circumstances I faced when buying this property, my
reasons for doing so and to put themselves in my posiƟon.  I would like to think a decision
will be made based on the outcome individual members would hope for if they faced similar
circumstances rather than dogmaƟcally apply policy as if it were a law that cannot be
broken. 
Applicant
18 January 2025
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1 
SUPPORTING STATEMENT
Change of use of woodland to garden ground to permit the erecƟon of a domesƟc garage
workshop at Beulah, Garmouth, Proposal Ref: 100687032-001 
1. INTRODUCTION
This proposal relates to the change of use of up to 930 m² (0.09 hectares) of woodland to
garden ground to permit the erection of a domestic garage workshop within the grounds of
Beulah, Garmouth, an existing house in Morayshire. 
2. BACKGROUND
2.1 Having retired last year my wife and I moved back to Moray after a period of
absence due to work commitments.  Whilst living away I realised a life-long ambition
to participate in motorsport, my retirement aspiration being to continue this
hobby.  As a privateer I do all the work on the car and support vehicles myself and
therefore need a suitable garage workshop. 
2.2 We purchased Beulah (formerly Cara Villa) for many reasons, one being that it
provides an ideal location to site a garage workshop.  A major consideration for the
selection of the site is that, being remote from the house and next to the road, the
garage could be retained should we need to downsize at some point.  Without this
flexibility I would have to restart the process of finding somewhere to keep and work
on my race car if we were forced to move due to age/health, thereby incurring
additional expense as well as facing the logistical problem of where to keep the
equipment during the transition.  Not wishing to go into personal detail, my wife is
the most likely of the two of us to need to downsize in the future. 
2.3 A planning application was submitted on my behalf by a local architectural company
in March this year (online reference number 100663503-001) but was returned due
to it failing to address the need for a change of use of the ground in question from
woodland to garden.  This application is therefore in response to Moray Council’s
instruction.  Accompanying information provided by the Council was that an
application would not be likely to receive a posiƟve recommendaƟon given that the
proposed site is on ancient woodland, a fact we were unaware of when we bought
the property. 
2.4 When purchasing the house in June 2023 there was nothing to suggest to us that the
site’s use would be limited.  As the attached photos show it has the appearance of
waste ground.  All the mature trees had been felled as a consequence of Storm
Arwen in 2021, information that came to light once we had acquired the
property.  (A felling order had been granted by Scottish Forestry under permission
FPA-8678, copy attached, as well as a restocking order).  To further enhance our
perception that we would be able to use the proposed site for a garage, we were
informed that planning permission had been granted for the erection of a house on
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the ground immediately adjoining to the north (planning application 20/00455/APP
dated 10 June 2020 refers) as well as noting the existence of three other recently built
houses in close proximity.  Given the demand for property in the area and knowing
that other parties were interested in purchasing Beulah there simply wasn’t the
luxury of time to research the possibility of building a garage on this site any further;
any additional delay would have jeopardised the opportunity to buy.  In good faith
we had gathered as much evidence as possible to make us believe the proposed site
would be viable. 
3. SITE LOCATION
3.1 The plot on which Beulah sits extends to circa 6,070 m², (0.607 hectares) encompassing
the house, an access road to a neighbouring house Speyview, garden grounds, woodland
and the specific woodland site relaƟng to this applicaƟon with an area of approximately
930 m². 
3.2 The site is accessible via an established entrance off the minor Garmouth to
Mosstodloch road. 
3.3 The area applied for a change of use from woodland to garden excludes the legal right of
access track leading to Speyview. 
3.4 Beulah is one of 4 exisƟng houses within a small rural grouping. 
3.5 This applicaƟon relates to an addiƟon to an exisƟng dwelling, not a new development on
a different plot. 
4. POLICY COMPLIANCE
4.1 The site is located outside the Speyside flood risk area. 
4.2 The site is registered on the NaƟonal Forest Inventory (NFI) as ancient semi-natural
woodland and occupies an area of approximately 930 m² (0.093 hectares). Following
Storm Arwen in November 2021, exisƟng trees damaged by the winds were felled
under permission FPA-8678.  The site was restocked with around 30 silver birch and a
small number of Scots pine, holly and beech. AŌer four years growth, these trees are
not yet established and could readily be transplanted.   
4.3 As the photos below illustrate, the proposed site is visually unaƩracƟve giving the
appearance of waste ground.  The minor Garmouth to Mosstodloch road runs
parallel to the line of gorse bushes on the leŌ-hand side of the first photo which
looks north, the pine trees defining the edge of Lunan Wood on the west side of the
road.  As menƟoned in the introducƟon to this SupporƟng Statement, planning
permission has been granted for a dwelling house adjacent to the proposed site
which is also designated as ancient semi-natural woodland.  The locaƟon of this
would be in the foreground of the red coloured container and house in the photo.
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4.4 The second photo below looks east and shows the proposed site on the left-hand
side of the picture, the driveway leading to Beulah on the right-hand side of the picture,
the access road to Speyview (defined by the fence and posts) which is excluded from the
application and an established area of woodland in the centre of the shot that is
referred to in the Tree Survey.  This woodland is close enough to the site to be included
in the Survey but would not be affected.  Just out of the picture on the right-hand side
(south) is further woodland referred to in the Survey. 
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4.4 With reference to the Scoƫsh Government NaƟonal Planning Framework 4 Policy 6
(b), and Moray Local Development Plan (MLDP2020), Policy EP7, this proposal would
not result in the loss of ancient and veteran trees, or have an adverse impact on their
ecological condiƟon. There would be no adverse impact on naƟve woodlands,
hedgerows and individual trees of high biodiversity value, or idenƟfied for protecƟon
in the Forestry and Woodland Strategy. In addiƟon no fragmenƟng or severing of
woodland habitats would result. 
4.5 A Tree Survey carried out on 24 January 2024 by Mr Angus Dixon, Groves Forestry,
accompanies this applicaƟon.  Compensatory replanƟng has been detailed in this
Survey in accordance with EP7 (e).  The planƟng would be located at Nether Brown
Muir, a site on the north side of Brown Muir Hill, above Millbuies.  As stated above in
paragraph 4.2, exisƟng saplings would be transplanted at the new site such that
there would be no loss of exisƟng trees.  In addiƟon twice the area of woodland
would be created.  Should this amount of compensatory replanting be judged
insufficient I would consider increasing it to whatever Moray Council deemed
appropriate.  Of note, the grassland at Millbuies, when planted with naƟve trees,
will acquire over the next 40 years similar woodland soil features of the site at
Beulah. This is a comparaƟve period of Ɵme it would take the saplings on the
exisƟng site at Beulah to mature.  Therefore, nothing would be lost by permiƫng
the ground at Beulah to be changed to garden.  On the contrary, there would be an
increase in the area of semi-natural woodland.
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4.6 Mr Dixon, author of the Tree Survey, consulted with Scottish Forestry with respect to
the change of use of land and whether there was any opposition from their
perspective to the proposed site being used as described.  Scottish Forestry had no
objection to the proposal. 
4.7 Whilst the site is within Moray Council’s designated Special Landscape Area (SLA)
Lower Spey and Gordon Castle, the garage workshop’s posiƟon adheres to this policy
as far as possible. The garage would be situated just inside the western boundary
which is defined by the minor Garmouth to Mosstodloch road outside the drive. The
garage workshop would thus be virtually invisible from the River Spey given the cover
provided by both the house and the trees on the east side of the proposed site. 
4.8 Use of this site to posiƟon the garage workshop would limit the impact on immediate
neighbours who have supported the proposal.  (AƩached leƩer from 
refers). 
4.9 The proposed garage workshop has been sympatheƟcally designed to sit comfortably
within the local character of surrounding properƟes and reflects the size and scale of
local agricultural buildings.  Having said that, the aƩached plans for the design of the
building are purely representaƟve; I would willingly cooperate with the Council to
ensure the building fits in with the surrounds to their saƟsfacƟon. 
4.10 The proposed garage workshop measures 10m x 20m, giving a footprint of only
200m².  Whilst this application is to ideally change the use of woodland to garden
for the entire site of 930 m², should it be more acceptable to the Council the
requested area can be reduced sufficiently to accommodate the requested
building leaving the remainder of the site untouched. 
4.11 By permitting the change of use of the ground from woodland to garden for the
erection of a garage workshop the following public benefits would be realised: 
4.11.1.1 A larger area of woodland would be generated at no cost to Moray
Council.  It is proposed that double the area of woodland is created but
should this be judged insufficient I would consider any proposal that the
Council deems appropriate.  The newly planted woodland would in Ɵme
acquire all the woodland soil features of the exisƟng site. 
4.11.1.2 The impact on the Lower Spey and Gordon Castle SLA would be
minimised compared to the alternaƟve of posiƟoning the garage
workshop within the exisƟng ground already designated as garden. 
4.11.1.3 Neighbours would benefit from the garage being remotely posiƟoned. 
It would be out of sight, not obstruct their view or block sunlight.  A leƩer
from  supporƟng the proposed siƟng of the
garage is aƩached. 
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4.11.1.4 Morayshire would be represented at motorsport events.  Given the
long distances involved travelling to and from major race circuits in the UK
there are few compeƟtors represenƟng Scotland and even less, if any,
from Morayshire.  My conƟnued parƟcipaƟon in motorsport would be
consistent with Priority 1, SecƟon VI, VII & VIII of Moray Council’s Physical
AcƟvity, Sport and Health Strategy which states that the precedence is to: 
vi. Promote and host local, regional, naƟonal and internaƟonal
sporƟng events with all key partners to encourage tourism and
showcase what Moray has to offer. 
vii. Recognise and celebrate the contribuƟon that sport and physical
acƟvity provides within Moray and support the need that physical
acƟvity and sporƟng opportuniƟes are affordable and aƩracƟve to all
our residents. 
viii. Raise the profile of sport and physical acƟvity within Moray. 
SUMMARY 
5.1 My applicaƟon for the change of use of woodland to garden ground to permit the
erecƟon of a domesƟc garage workshop represents a reƟrement ambiƟon of
conƟnued parƟcipaƟon in motorsport. Without this facility it would be
economically unviable to conƟnue.  The application is flexible and would seek to
address any objection the Council may have to it. 
5.2 The following summarises the case for why a change of use would not impact the
current state of ancient semi-natural woodland negaƟvely. 
5.2.1 The area of ground in quesƟon is negligible: ideally 930m² but
potenƟally less than 300 m². 
5.2.2 There are no mature trees on the site; no felling is required. 
5.2.3 ExisƟng saplings would be transplanted therefore no trees would be lost. 
5.2.4 The ground of the new site would in Ɵme acquire all the woodland soil
features of the exisƟng site. 
5.2.5 The proposed site is within an exisƟng property; it is not a new
development. 
5.3 With reference to the Scoƫsh Government NaƟonal Planning Framework 4 Policy
6 (c), and Moray Local Development Plan (MLDP2020), Policy EP7, and the need
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for the applicaƟon to be in the interest of the public, the following benefits would
be realised should the request be granted:  
• A larger area of woodland would be generated at no cost to Moray
Council. 
• The impact on the Lower Spey and Gordon Castle SLA would be minimised. 
• It is in my neighbours’ best interest that the garage is remotely located. 
• Morayshire would be represented at motorsport events consistent with
Moray Council’s Sports Plan. 
Applicant
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1 
ADDITIONAL SUPPORTING STATEMENT
27 November 2024
Change of use of woodland to garden ground to permit the erecƟon of a domesƟc garage
workshop at Beulah, Garmouth, Proposal Ref: 100687032-001 
1. INTRODUCTION
1.1.  Moray Council helpfully pre-warned me that the above applicaƟon would be rejected
for 2 reasons:
a. ANCIENT WOODLAND.  The application site is an area of designated Ancient
Woodland. It was not part of the original house plot and as such the application
seeks to change the use of the ground to domestic garden ground.  Both National
Planning Framework 4 Policy 6 and MLDP 2020 Policy EP7 do not support
development which would result in the loss of Ancient Woodland.  Ancient
Woodland comprises not only trees but the ground vegetation and soils in which
trees sit.  The proposal to change the use of the woodland to garden ground would
fail to comply with NPF4 Policy 6 and policy EP7 as it would result in the permanent
loss of land identified as woodland under the Ancient Woodland Inventory.  
b. PROPOSED GARAGE DESIGN.  The proposed garage/workshop is considered to be
out of keeping with the scale and character of the surrounding area.  The site is
remote to the dwelling (separated by an access track) and would not easily integrate
into the site and surrounding area given its height, bulk and location proposed. 
1.2.  I am appealing this decision and have supplied this Additional Supporting Statement in
response to the above points. 
2.  ANCIENT WOODLAND 
2.1.  I accept the fact that the applicaƟon site is within a designated area of Ancient
Woodland and that the proposal contravenes both National Planning Framework 4 Policy 6
and MLDP 2020 Policy EP7.  Indeed I acknowledged and addressed this fact in my original
Supporting Statement.
2.2.  If a site visit is not part of the appeal process I ask that the photographs aƩached to the
original SupporƟng Statement are referenced since they graphically illustrate the following
points.
2.2.3.  The designaƟon of Ancient Woodland assigned to this parƟcular site gives a
misleading impression.  It is not typical or representaƟve of what one would consider
Ancient Woodland to be; there is only one beech tree which would be unaffected by the
construcƟon of the garage/workshop.  Please refer to the Tree Survey that was supplied with
the applicaƟon.
2.2.4.  An area of Ancient Woodland is delineated by a perimeter within which there is no
differenƟaƟon between varying secƟons of ground or whether trees are present or not.  The
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plot for Beulah is contained within a 681.19 ha area of Ancient Woodland called Sleepieshill.  
This area does not disƟnguish between roads, garden, hedgerows, buildings or genuine
Ancient Woodland.  It is true to say therefore that not every part of it contains Ancient
Woodland.  According to arborist Mr Angus Dixon, BSc, Consultant, Groves Forestry
Company, there is nothing irreplaceable or worthy of special preservaƟon that would be
irrevocably lost on the proposed site; the trees prior to being felled were plantation Scots
pine and the associated vegetaƟon and soil does not contain any unique features.  
2.2.5.  Strictly speaking this piece of ground is not Ancient Woodland, which is defined as
land that has been conƟnuously wooded since at least 1750.  It has merely been
amalgamated with woodland that does have the aƩributes to be deemed Ancient
Woodland.  As an example there is an area containing noteworthy ancient trees along with
their associated vegetaƟon and soil on the eastern border of my property.  Had my
applicaƟon been situated in an area such as this I would have understood the Council’s
refusal of my applicaƟon but technically it is incorrect to refuse this applicaƟon on the basis
that the ground is Ancient Woodland.  
2.2.5.  To further support the above informaƟon Mr Dixon liaised with Scoƫsh Forestry on
my behalf with respect to the change of use of this land to ascertain whether there was any
opposition to the proposed site being used as described.  Scottish Forestry has no objection
to the proposal.
2.3.  Compensatory replanƟng of at least twice the area will be sown with sessile oak, silver
birch, hazel, gean, rowan and Scots pine thereby creating a significant area of valuable
woodland which would not be generated if this appeal is rejected.  Since submitting the
initial application a further site has been identified in Garmouth resulting in the woodland
being created close to the proposed site if required.  This mitigates any perceived loss of
woodland and ultimately generates a greater amount.  Since there are no established trees
on the existing site that would be disturbed the time scale for compensatory replanting to
mature is no different to the time it will take for saplings on the proposed site to grow.  The
net outcome of compensatory replanting would thus enhance Moray’s stock of woodland
especially considering rare and exceptional trees would be planted and cultivated.  Nothing
would be lost by permiƫng the woodland at Beulah to be changed to garden.  On the
contrary, there would be an increase in the area of quality Ancient Woodland.  
2.4.  In addition please bear in mind that the site in question is very small - less than 930 m². 
Its use would have a miniscule effect on the 6,811,900 m² of Sleepieshill Wood.  (Less than
0.014%).
PROPOSED GARAGE
3.1.  DESIGN.  Having submitted the application online I was subsequently contacted by a
Moray Council Planning Technical Assistant who required me to submit a plan of the
proposed garage.  I had deliberately left this detail out because I did not consider it to be
relevant to the application at this stage.  Having done as requested I made it very clear in my
Supporting Statement that the plan was purely representaƟve and that I would willingly
cooperate with the Council to ensure the building fits in with the surrounds to the Council’s
saƟsfacƟon.  
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3.2.  Despite the above, Moray Council have stated they will further reject the proposal
because they consider the proposed garage plan to be out of keeping with the scale and
character of the surrounding area and because it does not easily integrate into the site and
surrounding area given its height and bulk.
3.3.  I wish to reiterate that I would work with the Council to ensure the scale and character
of the garage/workshop suitably integrates into the site to meet their requirements.  Clearly
however, there would be a minimum size needed to ensure the building has sufficient
floorspace to store equipment and vehicles, provide suitable space to work on the car as
well as afford adequate height to accommodate a car ramp.  For example a one car sized
garage would be of no use.
3.2.  SITE LOCATION.  The Council have objected to the application due to the site being
remote from the dwelling (separated by an access track).  This is exactly why it is so perfect
for my requirements and is the only location within my grounds that provides a key
advantage.  As explained in my original Supporting Statement, a major factor for the
selection of the site is that, being remote from the house and next to the road, I could retain
the garage should my wife and I need to downsize at some point in the future.  Without this
flexibility I would have to restart the process of finding somewhere to keep and work on my
race car if we were forced to move due to age/health, thereby incurring additional expense
as well as facing the logistical problem of where to keep the equipment during the
transition.  Not wishing to go into personal detail, my wife is the most likely of the two of us
to need to downsize in the future which is exactly why this location would be so ideal to
enable me to continue participating in motorsport.
4.  APPLICATION OF POLICY
4.1.  As stated in the introducƟon I understand that Moray Council are limited by both
NaƟonal and Local Policy.  However I feel their applicaƟon of this policy is harsh given my
circumstances.
4.2.   Policy is not law, it is a course or principle of acƟon adopted by an organizaƟon or
individual.  It thereby affords the organisaƟon an element of flexibility with respect to its
applicaƟon.  From my perspecƟve it is unmerited for policy to be so rigidly enforced that
conservaƟon of a patch of ground that contains nothing but decaying ferns, gorse bushes,
and a few saplings aƩracts a higher degree of protecƟon than the welfare and happiness of
the individual who owns it and lives there.  I have worked hard all my life and am now in a
posiƟon to fulfil a reƟrement dream.  
4.3.  As described in my original SupporƟng Statement, given the demand for property in the
area and knowing that other parties were interested in purchasing the house, I researched
the possibility of building a garage on this site as much as time permitted; any additional
delay would have jeopardised the opportunity to buy the property.  I had no reason to
suspect that what appeared to be an ideal location for a garage/workshop had originally
been woodland since no trees were present, let alone it carrying a designation of Ancient
Woodland, especially as I was made aware planning permission had been granted for a
dwelling to be built on adjoining ground.  
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4.4.  Should this appeal be rejected it does not simply prevent me from building a
garage/workshop, it compromises one of the very reasons I decided to buy the house and
associated land thereby destroying my retirement dream; I really do not have any other
options.  I therefore write a hearƞelt appeal to the Local Review Board to consider the
circumstances I faced when buying this property, my reasons for doing so and to put
themselves in my posiƟon.  I would like to think the Review Board will make a decision based
on the outcome individual members would hope for if they faced similar circumstances
rather than dogmaƟcally apply policy as if it were a law that cannot be broken.
Thank you for your consideraƟon, 
Applicant
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SECOND ADDITIONAL SUPPORTING STATEMENT
30 December 2024
Change of use of woodland to garden ground to permit the erecƟon of a domesƟc garage
workshop at Beulah, Garmouth, Proposal Ref: 100687032-001 
1. EXISTING GARAGE
1.1.  Further to my AddiƟonal SupporƟng Statement dated 27 November 2024, I would like
to add some details on the exisƟng garage facility at Beulah.  I feel this would be helpful to
illustrate why I am requesƟng permission to build a suitable garage/workshop facility.
1.2.  The current garage at Beulah came with the purchase of the property.  It is an old
structure that appears to be made up from an old house (Alma CoƩage) with an addiƟonal
area aƩached at the rear.
1.3.  The garage is inadequate for several reasons.  Please refer to the aƩached photographs
which illustrate the following points.
1.3.1  First it floods during periods of heavy or persistent rain.  This is a major
problem since valuable items are being ruined.  For example my expensive tools are
starƟng to rust.
1.3.2. Secondly, the roof is not high enough to be able to install a ramp.  This is an
essenƟal piece of equipment since the engine can only be removed from underneath
the race car.
1.3.3.  Thirdly the floor space is insufficient.  I have a number of pieces of garage
equipment that I need to access on a regular basis, numerous spares to store and the
need for a ‘clean’ area to service and build items such as engine and gearbox.  The
aƩached photographs show how cramped and inadequate the current area is.
1.3.4.  Fourthly, the structure is old and roƫng.  In parƟcular the walls of the original
house are made of Ɵmber.  It will need to be demolished some Ɵme in the near
future.  I have nowhere else to store all my race/garage equipment in the interim.
1.4  I trust the above adds further informaƟon as to why this garage/workshop proposal is of
such personal importance and is more than just a casual applicaƟon. 
Applicant 
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