Agenda Document Pack - Moray Local Review Body - 12/06/2025
Moray Council · 12 June 2025
Back to Moray Local Review Body — 12 June 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
Moray Local Review Body Thursday, 12 June 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, 12 June 2025 at 09:30. BUSINESS 1. Sederunt 2. Declaration of Group Decisions and Members Interests * 3. Minute of meeting dated 13 March 2025 5 - 8 4. LR311 - Ward 8 - Forres Planning Application 24/01056/APP - Erect dwellinghouse on site at Tomnamoon, Altyre, Forres. 9 - 156 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. Page 1
Page 2
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 attend in person, please come to the High Street entrance door and a member of staff will let you into the Chamber. Page 2
Page 3
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. Page 3
Page 4
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 Sonya Warren (Member) Councillor Ben Williams (Member) Clerk Name: Lissa Rowan Clerk Telephone: 07765 741754 Clerk Email: committee.services@moray.gov.uk Page 4
Page 5
MORAY COUNCIL Minute of Meeting of the Moray Local Review Body Thursday, 13 March 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 Draeyk van der Horn, Councillor Ben Williams IN ATTENDANCE Andrew Miller, Acting Principal Planning Officer; Emma Mitchell, Senior Planning Officer; Sean Hoath, Senior Solicitor; and Lissa Rowan, Committee Services Officer 1 Chair Councillor Macrae 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 dated 13 February 2025 The Minute of the meeting dated 16 January 2024 was submitted and approved. 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 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 National Planning Framework 4 (NPF4) and Moray Local Development Plan (MLDP) (2020) for the following reasons: i) The proposed replacement windows and door do not match the style, material, or intricate detail of the existing original timber windows. The Item 3. Page 5
Page 6
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. 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, the Planning Adviser advised that she had nothing to raise at this time. The Legal Adviser advised that the Applicant had requested a Hearing on their Notice of Review Application however it was for the Moray Local Review Body (MLRB) to decide whether it had sufficient information within the agenda or whether further a further procedure, such as a Hearing, was required in order to be able to determine the Planning Application. The Chair then asked the MLRB if it had sufficient information to determine the request for review. In response, 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, stated that, during the site visit, he had observed several buildings on Mid Street, Keith that had replaced windows and doors with materials other than UPVC and moved that the MLRB uphold the appeal and grant planning permission in respect of Planning Application 24/00996/APP as, in his opinion, the proposal is an acceptable departure from NPF4 Policy 7 (Historic Assets and Places) and MLDP 2020 Policy EP9 (Conservation Areas) as there were several properties on Mid Street, Keith that had replaced their windows and doors with materials other than wood therefore the Keith Mid Street Conservation Area had already been detrimentally impacted. This was seconded by Councillor Harris who further added that the proposal would make the premises more accessible for less able people. Councillor McBain, having visited the site and considered the case in detail, stated that he agreed with the decision 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 24/00996/APP as the proposal fails to comply with NPF4 Policy 7 (Historic Assets and Places) and MLDP 2020 Policy EP9 (Conservation Areas). This was seconded by Councillor van der Horn. On a division there voted: For the Motion (4): Councillors Cameron, Harris, Dunbar and Macrae For the Amendment (3): Councillors McBain, van der Horn and Williams Abstentions (0): Nil Accordingly, the Motion became the finding of the meeting and the MLRB agreed to uphold the appeal and grant planning permission in respect of Planning Application 24/00996/APP as the proposal is an acceptable departure from NPF4 Page 6
Page 7
Policy 7 (Historic Assets and Places) and MLDP 2020 Policy EP9 (Conservation Areas). 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 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 National Planning Framework 4 (NPF4) and Moray Local Development Plan (MLDP) (2020) for the following reasons: i) 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. ii) 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. iii) 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. 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, the Planning Adviser advised that she had nothing to raise at this time. The Legal Adviser advised that the Applicant had requested a Hearing on their Notice of Review Application however it was for the Moray Local Review Body (MLRB) to decide whether it had sufficient information within the agenda or whether further a further procedure, such as a Hearing, was required in order to be able to determine the Planning Application. The Chair then asked the MLRB if it had sufficient information to determine the request for review. In response the MLRB unanimously agreed that it had sufficient information to determine the case. Page 7
Page 8
Councillor van der Horn, having considered the case in detail, 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 24/01517/APP as the proposal does not comply with NPF4 policies 4 (Natural Places), 6 (Forestry, Woodland and Trees) and 14 (Design, Quality and Place) and MLDP 2020 policies EP7 (Forestry Woodland and Trees), DP1 (Development Principles and EP3 (Special Landscape Areas). Councillor McBain seconded this stating that the proposal would be a blight on the road which is surrounded by woodland on the left and right. 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 24/01517/APP as the proposal does not comply with NPF4 policies 4 (Natural Places), 6 (Forestry, Woodland and Trees) and 14 (Design, Quality and Place) and MLDP 2020 policies EP7 (Forestry Woodland and Trees), DP1 (Development Principles and EP3 (Special Landscape Areas). Page 8
Page 9
MORAY LOCAL REVIEW BODY 12 JUNE 2025 SUMMARY OF INFORMATION FOR CASE No LR311 Ward 8 - Forres Planning Application 24/01056/APP – Erect dwellinghouse on site at Tomnamoon, Altyre, Forres. Planning permission refused under the Statutory Scheme of Delegation by the Appointed Officer on 31 March 2025 on the grounds that: The development is contrary to Moray Local Development Plan 2020 Policies DP4 Rural Housing and DP1 Development Principles and to National Planning Framework Policies 14 Design, quality and Place and 17 Rural Homes for the following reasons: The contemporarily designed dwellinghouse fails to respond to its rural setting by virtue of its height (in excess of 9m), its bulk and flat roof wrap around with roof deck feature. It is out of keeping with the surrounding area given its scale, density and character is not appropriate for its setting and would fail to integrate into the surrounding landscape. The proposal would adversely affect the site and the surrounding area due to its dominant impact detrimentally altering the character of the area. 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. Further Representations received in response to the Notice of Review are attached as Appendix 3. The Applicant’s response to Further Representations is attached as Appendix 4. Item 4. Page 9
Page 10
Drain Track Tomnamoon 191.1m 190.8m 189.9m 192.6m Track Track Track Planning Application Reference Number: 24/01056/APP LOCATION PLAN This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationary Office Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. (c) Crown Copyright. The Moray Council 100023422 2025 I 1:2,500 Page 10
Page 11
APPENDIX 1 DOCUMENTS CONSIDERED OR PREPARED BY THE APPOINTED OFFICER Page 11
Page 12
Page 12
Page 13
Page 1 of 8 The Moray Council Council Office High Street Elgin IV30 1BX Tel: 0300 1234561 Email: development.control@moray.gov.uk Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid. Thank you for completing this application form: ONLINE REFERENCE 100677422-001 The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application. Type of Application What is this application for? Please select one of the following: * Application for planning permission (including changes of use and surface mineral working). Application for planning permission in principle. Further application, (including renewal of planning permission, modification, variation or removal of a planning condition etc) Application for Approval of Matters specified in conditions. Please provide the application reference no. given to you by your planning authority for your previous application and the date that this was granted. Application Reference No: * Date (dd/mm/yyyy): * Description of Proposal Please describe the proposal including any change of use: * (Max 500 characters) Is this a temporary permission? * Yes No If a change of use is to be included in the proposal has it already taken place? Yes No (Answer ‘No’ if there is no change of use.) * Has the work already been started and/or completed? * No Yes – Started Yes - Completed Applicant or Agent Details Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting on behalf of the applicant in connection with this application) Applicant Agent 21/01873 Amendment to Existing Consent for location / siting on plot, change in design and external materials. 12/04/2022 Page 13
Page 14
Page 2 of 8 Agent Details Please enter Agent details Company/Organisation: Ref. Number: You must enter a Building Name or Number, or both: * First Name: * Building Name: Last Name: * Building Number: Address 1 Telephone Number: * (Street): * Extension Number: Address 2: Mobile Number: Town/City: * Fax Number: Country: * Postcode: * Email Address: * Is the applicant an individual or an organisation/corporate entity? * Individual Organisation/Corporate entity Applicant Details Please enter Applicant details Title: You must enter a Building Name or Number, or both: * Other Title: Building Name: First Name: * Building Number: Address 1 Last Name: * (Street): * Company/Organisation Address 2: Telephone Number: * Town/City: * Extension Number: Country: * Mobile Number: Postcode: * Fax Number: Email Address: * Coast2Coast Architects Mr Greig Munro Findhorn Seabank Road 156 25 The Sail Loft Torrisdale 01309692240 IV36 3YL IV12 4EU Moray Scotland Forres Nairn info@Coast2CoastArchitects.co.uk Life Construction (Scotland) Ltd Page 14
Page 15
Page 3 of 8 Site Address Details Planning Authority: Full postal address of the site (including postcode where available): Address 1: Address 2: Address 3: Address 4: Address 5: Town/City/Settlement: Post Code: Please identify/describe the location of the site or sites Northing Easting Pre-Application Discussion Have you discussed your proposal with the planning authority? * Yes No Site Area Please state the site area: Please state the measurement type used: Hectares (ha) Square Metres (sq.m) Existing Use Please describe the current or most recent use: * (Max 500 characters) Access and Parking Are you proposing a new altered vehicle access to or from a public road? * Yes No If Yes please describe and show on your drawings the position of any existing. Altered or new access points, highlighting the changes you propose to make. You should also show existing footpaths and note if there will be any impact on these. TOMNAMOON FARMHOUSE 3400.00 Brownfield Site. Moray Council DUNPHAIL FORRES IV36 2QR 850070 304111 Page 15
Page 16
Page 4 of 8 Are you proposing any change to public paths, public rights of way or affecting any public right of access? * Yes No If Yes please show on your drawings the position of any affected areas highlighting the changes you propose to make, including arrangements for continuing or alternative public access. How many vehicle parking spaces (garaging and open parking) currently exist on the application Site? How many vehicle parking spaces (garaging and open parking) do you propose on the site (i.e. the Total of existing and any new spaces or a reduced number of spaces)? * Please show on your drawings the position of existing and proposed parking spaces and identify if these are for the use of particular types of vehicles (e.g. parking for disabled people, coaches, HGV vehicles, cycles spaces). Water Supply and Drainage Arrangements Will your proposal require new or altered water supply or drainage arrangements? * Yes No Are you proposing to connect to the public drainage network (eg. to an existing sewer)? * Yes – connecting to public drainage network No – proposing to make private drainage arrangements Not Applicable – only arrangements for water supply required Do your proposals make provision for sustainable drainage of surface water?? * Yes No (e.g. SUDS arrangements) * Note:- Please include details of SUDS arrangements on your plans Selecting ‘No’ to the above question means that you could be in breach of Environmental legislation. Are you proposing to connect to the public water supply network? * Yes No, using a private water supply No connection required If No, using a private water supply, please show on plans the supply and all works needed to provide it (on or off site). Assessment of Flood Risk Is the site within an area of known risk of flooding? * Yes No Don’t Know If the site is within an area of known risk of flooding you may need to submit a Flood Risk Assessment before your application can be determined. You may wish to contact your Planning Authority or SEPA for advice on what information may be required. Do you think your proposal may increase the flood risk elsewhere? * Yes No Don’t Know Trees Are there any trees on or adjacent to the application site? * Yes No If Yes, please mark on your drawings any trees, known protected trees and their canopy spread close to the proposal site and indicate if any are to be cut back or felled. All Types of Non Housing Development – Proposed New Floorspace Does your proposal alter or create non-residential floorspace? * Yes No 0 4 Page 16
Page 17
Page 5 of 8 Schedule 3 Development Does the proposal involve a form of development listed in Schedule 3 of the Town and Country Yes No Don’t Know Planning (Development Management Procedure (Scotland) Regulations 2013 * If yes, your proposal will additionally have to be advertised in a newspaper circulating in the area of the development. Your planning authority will do this on your behalf but will charge you a fee. Please check the planning authority’s website for advice on the additional fee and add this to your planning fee. If you are unsure whether your proposal involves a form of development listed in Schedule 3, please check the Help Text and Guidance notes before contacting your planning authority. Planning Service Employee/Elected Member Interest Is the applicant, or the applicant’s spouse/partner, either a member of staff within the planning service or an Yes No elected member of the planning authority? * Certificates and Notices CERTIFICATE AND NOTICE UNDER REGULATION 15 – TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATION 2013 One Certificate must be completed and submitted along with the application form. This is most usually Certificate A, Form 1, Certificate B, Certificate C or Certificate E. Are you/the applicant the sole owner of ALL the land? * Yes No Is any of the land part of an agricultural holding? * Yes No Are you able to identify and give appropriate notice to ALL the other owners? * Yes No Certificate Required The following Land Ownership Certificate is required to complete this section of the proposal: Certificate B Land Ownership Certificate Certificate and Notice under Regulation 15 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 I hereby certify that (1) - No person other than myself/the applicant was an owner [Note 4] of any part of the land to which the application relates at the beginning of the period of 21 days ending with the date of the accompanying application; or – (1) - I have/The Applicant has served notice on every person other than myself/the applicant who, at the beginning of the period of 21 days ending with the date of the accompanying application was owner [Note 4] of any part of the land to which the application relates. Name: Address: Date of Service of Notice: * Mr Alisdair Gordon-Cummings Altyre EstateEstate Office, Altyre Estate, Forres, Scotland, IV36 2SH 03/07/2024 Page 17
Page 18
Page 6 of 8 (2) - None of the land to which the application relates constitutes or forms part of an agricultural holding; or – (2) - The land or part of the land to which the application relates constitutes or forms part of an agricultural holding and I have/the applicant has served notice on every person other than myself/himself who, at the beginning of the period of 21 days ending with the date of the accompanying application was an agricultural tenant. These persons are: Name: Address: Date of Service of Notice: * Signed: Greig Munro On behalf of: Mr Dhyan Perera Date: 03/07/2024 Please tick here to certify this Certificate. * Checklist – Application for Planning Permission Town and Country Planning (Scotland) Act 1997 The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 Please take a few moments to complete the following checklist in order to ensure that you have provided all the necessary information in support of your application. Failure to submit sufficient information with your application may result in your application being deemed invalid. The planning authority will not start processing your application until it is valid. a) If this is a further application where there is a variation of conditions attached to a previous consent, have you provided a statement to that effect? * Yes No Not applicable to this application b) If this is an application for planning permission or planning permission in principal where there is a crown interest in the land, have you provided a statement to that effect? * Yes No Not applicable to this application c) If this is an application for planning permission, planning permission in principle or a further application and the application is for development belonging to the categories of national or major development (other than one under Section 42 of the planning Act), have you provided a Pre-Application Consultation Report? * Yes No Not applicable to this application Page 18
Page 19
Page 7 of 8 Town and Country Planning (Scotland) Act 1997 The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 d) If this is an application for planning permission and the application relates to development belonging to the categories of national or major developments and you do not benefit from exemption under Regulation 13 of The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, have you provided a Design and Access Statement? * Yes No Not applicable to this application e) If this is an application for planning permission and relates to development belonging to the category of local developments (subject to regulation 13. (2) and (3) of the Development Management Procedure (Scotland) Regulations 2013) have you provided a Design Statement? * Yes No Not applicable to this application f) If your application relates to installation of an antenna to be employed in an electronic communication network, have you provided an ICNIRP Declaration? * Yes No Not applicable to this application g) If this is an application for planning permission, planning permission in principle, an application for approval of matters specified in conditions or an application for mineral development, have you provided any other plans or drawings as necessary: Site Layout Plan or Block plan. Elevations. Floor plans. Cross sections. Roof plan. Master Plan/Framework Plan. Landscape plan. Photographs and/or photomontages. Other. If Other, please specify: * (Max 500 characters) Provide copies of the following documents if applicable: A copy of an Environmental Statement. * Yes N/A A Design Statement or Design and Access Statement. * Yes N/A A Flood Risk Assessment. * Yes N/A A Drainage Impact Assessment (including proposals for Sustainable Drainage Systems). * Yes N/A Drainage/SUDS layout. * Yes N/A A Transport Assessment or Travel Plan Yes N/A Contaminated Land Assessment. * Yes N/A Habitat Survey. * Yes N/A A Processing Agreement. * Yes N/A Other Statements (please specify). (Max 500 characters) Page 19
Page 20
Page 8 of 8 Declare – For Application to Planning Authority I, the applicant/agent certify that this is an application to the planning authority as described in this form. The accompanying Plans/drawings and additional information are provided as a part of this application. Declaration Name: Mr Greig Munro Declaration Date: 03/07/2024 Page 20
Page 21
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Drawing No: Arch_24_D_02 Date: 5th August 2024 Client: Title: Block Plan At: New House at Tomnamoon, Altyre, Moray IV36 2QR Scale: 1:750, 1:1.67 www.Coast2CoastArchitects.co.ukPlanning Application Address: The Sail Loft, 156 Findhorn, Forres, Moray IV36 3YL Tel. 01309 692 240 Drawn Scale in meters 17.05.24 Rev. "A" 1:50 Layout Issue for Budget Costings 24.05.24 Rev. "B" Amended First Floor Design 20.06.24 Rev. "C" Amendment to Planning Consent 21/01873/PPP 05.08.24 Rev. "D" Planning Application Submission Drain Tomnamoon FFL 199.50 DATUM 191.1 Existing Access Track Existing Road Junction Bothy & Bin Store Steadings Farm House N 0 10 20 30 40 50 60 70 80 90 100 110 120 Site Boundary Post & Wire Fence Site Boundary Post & Wire Fence Site Boundary Post & Wire Fence Site Boundary Post & Wire Fence PLOT AREA 3,400 m2 Road Access Junction: Visibility splay 4.5 metres by 120 metres in both directions, with all boundaries set back to a position behind the required visibility splay, with schedule of maintenance for the splay area in accordance with the Roads Authority. Visibility splay shall be maintained at all times free from any obstruction exceeding 0.6 metres above the level of the carriageway in accordance with the agreed schedule of maintenance. Page 21
Page 22
Page 22
Page 23
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Drawing No: Arch_24_D_03 Date: 5th August 2024 Client: Title: Ground Floor Plan At: New House at Tomnamoon, Altyre, Moray IV36 2QR Scale: 1:1, 1:100 www.Coast2CoastArchitects.co.ukPlanning Application Address: The Sail Loft, 156 Findhorn, Forres, Moray IV36 3YL Tel. 01309 692 240 Drawn Scale in meters 17.05.24 Rev. "A" 1:50 Layout Issue for Budget Costings 24.05.24 Rev. "B" Amended First Floor Design 20.06.24 Rev. "C" Amendment to Planning Consent 21/01873/PPP 05.08.24 Rev. "D" Planning Application Submission 123456789101112131415 N 0.360 13.260 0.360 0.360 4.800 0.360 13.000 0.360 0.360 3.140 0.360 9.760 0.360 9.760 FFL 199.50 EV Charging Point PLANT BOOTROOM EVENING PATIO BBQ DECK WM TDWM MASTER BEDROOM 4 (OFFICE)BIKE / STORAGE SHOW ER GARAGE ENTRANCE DINING LIVING ROOM KITCHEN WC UTILITY F DB C A E F E DB C A ST ASHP Ground Floor 138.5 m2 First Floor 88.5 m2 NET Internal Floor Area 227.0 m2 [Garage 45.0 m2] Drawn Scale in meters 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Page 23
Page 24
Page 24
Page 25
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Drawing No: Arch_24_D_04 Date: 5th August 2024 Client: Title: First Floor Plan At: New House at Tomnamoon, Altyre, Moray IV36 2QR Scale: 1:1, 1:100 www.Coast2CoastArchitects.co.ukPlanning Application Address: The Sail Loft, 156 Findhorn, Forres, Moray IV36 3YL Tel. 01309 692 240 Drawn Scale in meters 17.05.24 Rev. "A" 1:50 Layout Issue for Budget Costings 24.05.24 Rev. "B" Amended First Floor Design 20.06.24 Rev. "C" Amendment to Planning Consent 21/01873/PPP 05.08.24 Rev. "D" Planning Application Submission N 0.360 5.500 0.360 7.400 0.360 0.360 0.360 13.000 MASTER BEDROOM 1 BATHROOM void over stair SEDAM ROOF EN-SUITE LANDING F D DRESSING ROOM BEDROOM 2 BEDROOM 3 (STUDY) ROOF DECK B C E E DB C A A F Bookshelf / Work space ST ST 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Drawn Scale in meters Drawn Scale in meters Ground Floor 138.5 m2 First Floor 88.5 m2 NET Internal Floor Area 227.0 m2 [Garage 45.0 m2] 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Page 25
Page 26
Page 26
Page 27
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Drawing No: Arch_24_D_05 Date: 5th August 2024 Client: Title: Roof Plan At: New House at Tomnamoon, Altyre, Moray IV36 2QR Scale: 1:1, 1:100 www.Coast2CoastArchitects.co.ukPlanning Application Address: The Sail Loft, 156 Findhorn, Forres, Moray IV36 3YL Tel. 01309 692 240 Drawn Scale in meters 17.05.24 Rev. "A" 1:50 Layout Issue for Budget Costings 24.05.24 Rev. "B" Amended First Floor Design 20.06.24 Rev. "C" Amendment to Planning Consent 21/01873/PPP 05.08.24 Rev. "D" Planning Application Submission N F DB C E F E DB C A A 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Drawn Scale in meters Drawn Scale in meters 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Page 27
Page 28
Page 28
Page 29
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Drawing No: Arch_24_D_06 Date: 5th August 2024 Client: Title: Entrance (SE) Elevation At: New House at Tomnamoon, Altyre, Moray IV36 2QR Scale: 1:100 www.Coast2CoastArchitects.co.ukPlanning Application Address: The Sail Loft, 156 Findhorn, Forres, Moray IV36 3YL Tel. 01309 692 240 Drawn Scale in meters 17.05.24 Rev. "A" 1:50 Layout Issue for Budget Costings 24.05.24 Rev. "B" Amended First Floor Design 20.06.24 Rev. "C" Amendment to Planning Consent 21/01873/PPP 05.08.24 Rev. "D" Planning Application Submission SE B&WSouth East Elevation1:100 SE ColourSouth East Elevation1:100 EXTERNAL MATERIALS: ROOF MAIN ROOF: STANDING SEAM SHEET METAL, "ANTHRA" CAR PORT / FLAT ROOF, SEEDAM PLANTING WALL MAIN WALLS: VERTICAL TIMBER CLADDING, "BLACK" INFIL WALL DETAILS: HORIZONTAL CLADDING "NATURAL" WINDOWS TRIPLE-GLAZED TIMBER, ALU-CLAD "BLACK" DOORS FRONT DOOR: TIMBER. SLIDING & BALCONY DOORS: TRIPLE-GLAZED TIMBER, ALU-CLAD "BLACK" Page 29
Page 30
Page 30
Page 31
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Drawing No: Arch_24_D_15 Date: 5th August 2024 Client: Title: Long Section FF At: New House at Tomnamoon, Altyre, Moray IV36 2QR Scale: 1:100 www.Coast2CoastArchitects.co.ukPlanning Application Address: The Sail Loft, 156 Findhorn, Forres, Moray IV36 3YL Tel. 01309 692 240 Drawn Scale in meters 17.05.24 Rev. "A" 1:50 Layout Issue for Budget Costings 24.05.24 Rev. "B" Amended First Floor Design 20.06.24 Rev. "C" Amendment to Planning Consent 21/01873/PPP 05.08.24 Rev. "D" Planning Application Submission S-FLong Section1:100 Page 31
Page 32
Page 32
Page 33
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 1.5m 800mm MIN COVER MD COVER AND FRAME RODDING EYE COVER LONGITUDINAL SECTION THROUGH RAINWATER SOAKAWAY (NTS) 300mm FROM EDGE OF SOAKAWAY TO PIPE AROUND PERIMETER RODDING EYE COVER 200mm Inspection Pipe and Cover 100mm DIA DISTRIBUTION HALF PERFORATED PIPE 100mm DIA DISTRIBUTION HALF PERFORATED PIPE 100mm DIA DISTRIBUTION HALF PERFORATED PIPE PLAN VIEW SOAKAWAY ARRANGEMENTS (NTS) 1.25m 1.25m 6m 4m DISTRIBUTION BOX INSPECTION / SAMPLING CHAMBER AND COVER SECTION A - A THROUGH FOUL WATER SOAKAWAY (NTS) RODDING EYE COVERREPLACE SOIL ANTI VERMIN MESH TERRAM 1000 GEOTEXTILE SIDES AND TOP ONLY WITH 1000mm LAPS 100mm DIA DISTRIBUTION HALF PERFORATED PIPE 100mm DIA UPVC SOLID PIPE 150mm THICK 10mm CHIPS CLEAN CRUSHED ROCK 100-50 GRADING Dimensions as per report 100mm DIA UPVC SOLID PIPE 100mm DIA UPVC SOLID PIPE 600 450mm 200mm DIA UPVC INSPECTION PIPES PERFOTATED WITH COVERSMD COVER AND FRAME 500mm DISTRIBUTION CHAMBER WITH PVC RISER TO GROUND LEVEL AA Dimensions as per Report FULLY PERFORATED 150mm pvc PIPE DO NOT SCALE FROM THIS DRAWING, IF IN DOUBT PLEASE ASK. ALL DIMENSIONS TO BE CHECKED ON SITE PRIOR TO COMMENCEMENT. THIS DRAWING IS THE COPYRIGHT OF MABBETT & ASSOCIATES LTD Client Project Drawing No: Scale Drawing Rev Drawn Status Sheet Check Date Willow House Stoneyfield Business Park Inverness IV2 7PA Tel: 01463 237229 www.mabbett.eu Description DateRev. Drawn P:\DWGCOMPONENTS\AutoCAD Templates\Drawing Templates\Mabbett\chartered-practice-roundel.png P:\DWGCOMPONENTS\AutoCAD Templates\Drawing Templates\Mabbett\MABB + SECTS RGB.png GM 30.07.24 1.0316666 A3 DC NTS Issue Construction Details Foul and Surface Water Soakaway Forres, IV36 2QR Tomnamoon, Dunphail Proposed Development Life Construction (Scotland) Ltd - -- - Page 33
Page 34
Page 34
Page 35
849950N 849950N 850200N 850200N 303950E 303950E 304200E 304200E 196.79 196.73 196.42 196.43 196.17 196.23 196.03 195.77 195.61 195.66 195.59 195.55 195.55 195.52 195.51 195.51 195.57 195.83 195.83 195.81 195.88 196.10 196.19196.65 196.66 196.55 196.64 196.11 196.02 195.92 196.02 196.04 196.03 195.96 195.62 195.53 195.52195.58 195.64 195.97 195.96 196.14 196.46 196.52 196.61 196.92 196.99 197.06 196.89 197.16 197.46197.48 197.51 197.92 197.99 198.04 198.41 197.23 197.30 197.13 197.12 197.00 196.90 196.95 196.95 196.72 196.70 196.49 196.44 196.44 196.40 195.69 195.20 195.68196.00 195.86 196.14 196.57 196.78 197.05 196.82 196.52 196.47 196.51 196.85 196.83 196.71 196.95 196.92 197.05 197.19 197.31 197.14 197.02 196.07 195.98 196.08 196.02 196.06196.08 196.14 196.16196.16 196.21 196.48 196.52 196.81 196.72 196.87 196.93 197.05 196.99 197.57 197.58 198.08 198.17 197.80 197.80 198.25 195.91 195.67 199.53 199.47 200.00 200.06 200.38 200.41200.46 200.52 200.50 200.53 200.75 198.64 197.34 196.04 194.25 193.60 193.77 193.37 193.45 195.60 195.89 195.85 197.71 198.58 199.63 201.07 201.04 197.40 196.83 197.10 197.17 197.24 197.17 197.17 196.99 197.24 197.01 196.88 196.48 196.15 195.72 195.00 194.14 192.95 192.24 191.84 191.66 191.60 191.63 191.62 191.62 191.61 191.69 191.78 191.94 192.60 193.54 194.28194.42 194.89194.98 195.19 195.08 195.95 196.42 196.84 197.02 197.15 197.15 197.15 197.15 197.14 197.19 197.16 200.0 200.0 200.0 197.5 197.5 197.5 197.5 195.0 197.5 197.5 195.0 Unable to Survey(Dense Overgrowth) Unable to Survey(Dense Overgrowth) Unable to Survey (Dense Overgrowth) Unable to Survey(Dense Overgrowth) DO NOT SCALE FROM THIS DRAWING, IF IN DOUBT PLEASE ASK. ALL DIMENSIONS TO BE CHECKED ON SITE PRIOR TO COMMENCEMENT. THIS DRAWING IS THE COPYRIGHT OF MABBETT & ASSOCIATES LTD Client Project Drawing No: Scale Drawing Rev Drawn Status Sheet Check Date Willow House Stoneyfield Business Park Inverness IV2 7PA Tel: 01463 237229 www.mabbett.eu Description DateRev. Drawn DC 02/08/24 PL_001 X316666 A3 SP 1:1000 Issue Topographic Survey IV36 SQR Tomnamoon, Dunphail Proposed Dwelling at Life Construction (Scotland) Ltd. Topographic Survey at Tomnamoon 02/08/24- SP north 0 1002510 50 Scale 1:1000 (metres) Page 35
Page 36
Page 36
Page 37
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Drawing No: Arch_24_D_07 Date: 5th August 2024 Client: Title: Side (SW) Elevation At: New House at Tomnamoon, Altyre, Moray IV36 2QR Scale: 1:100 www.Coast2CoastArchitects.co.ukPlanning Application Address: The Sail Loft, 156 Findhorn, Forres, Moray IV36 3YL Tel. 01309 692 240 Drawn Scale in meters 17.05.24 Rev. "A" 1:50 Layout Issue for Budget Costings 24.05.24 Rev. "B" Amended First Floor Design 20.06.24 Rev. "C" Amendment to Planning Consent 21/01873/PPP 05.08.24 Rev. "D" Planning Application Submission W B&WSouth West Elevation1:100 W ColourSouth West (Colour) Elevation1:100 EXTERNAL MATERIALS: ROOF MAIN ROOF: STANDING SEAM SHEET METAL, "ANTHRA" CAR PORT / FLAT ROOF, SEEDAM PLANTING WALL MAIN WALLS: VERTICAL TIMBER CLADDING, "BLACK" INFIL WALL DETAILS: HORIZONTAL CLADDING "NATURAL" WINDOWS TRIPLE-GLAZED TIMBER, ALU-CLAD "BLACK" DOORS FRONT DOOR: TIMBER. SLIDING & BALCONY DOORS: TRIPLE-GLAZED TIMBER, ALU-CLAD "BLACK" Page 37
Page 38
Page 38
Page 39
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Drawing No: Arch_24_D_08 Date: 5th August 2024 Client: Title: Front (NE) Elevation At: New House at Tomnamoon, Altyre, Moray IV36 2QR Scale: 1:100 www.Coast2CoastArchitects.co.ukPlanning Application Address: The Sail Loft, 156 Findhorn, Forres, Moray IV36 3YL Tel. 01309 692 240 Drawn Scale in meters 17.05.24 Rev. "A" 1:50 Layout Issue for Budget Costings 24.05.24 Rev. "B" Amended First Floor Design 20.06.24 Rev. "C" Amendment to Planning Consent 21/01873/PPP 05.08.24 Rev. "D" Planning Application Submission NE B&WNorth East Elevation1:100 NE ColourNorth East (Living Room) Elevation1:100 EXTERNAL MATERIALS: ROOF MAIN ROOF: STANDING SEAM SHEET METAL, "ANTHRA" CAR PORT / FLAT ROOF, SEEDAM PLANTING WALL MAIN WALLS: VERTICAL TIMBER CLADDING, "BLACK" INFIL WALL DETAILS: HORIZONTAL CLADDING "NATURAL" WINDOWS TRIPLE-GLAZED TIMBER, ALU-CLAD "BLACK" DOORS FRONT DOOR: TIMBER. SLIDING & BALCONY DOORS: TRIPLE-GLAZED TIMBER, ALU-CLAD "BLACK" Page 39
Page 40
Page 40
Page 41
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Drawing No: Arch_24_D_09 Date: 5th August 2024 Client: Title: Rear (NW) Elevation At: New House at Tomnamoon, Altyre, Moray IV36 2QR Scale: 1:100 www.Coast2CoastArchitects.co.ukPlanning Application Address: The Sail Loft, 156 Findhorn, Forres, Moray IV36 3YL Tel. 01309 692 240 Drawn Scale in meters 17.05.24 Rev. "A" 1:50 Layout Issue for Budget Costings 24.05.24 Rev. "B" Amended First Floor Design 20.06.24 Rev. "C" Amendment to Planning Consent 21/01873/PPP 05.08.24 Rev. "D" Planning Application Submission NW ColourNorth West (Rear) Elevation1:100 NW B&WNorth West Elevation1:100 EXTERNAL MATERIALS: ROOF MAIN ROOF: STANDING SEAM SHEET METAL, "ANTHRA" CAR PORT / FLAT ROOF, SEEDAM PLANTING WALL MAIN WALLS: VERTICAL TIMBER CLADDING, "BLACK" INFIL WALL DETAILS: HORIZONTAL CLADDING "NATURAL" WINDOWS TRIPLE-GLAZED TIMBER, ALU-CLAD "BLACK" DOORS FRONT DOOR: TIMBER. SLIDING & BALCONY DOORS: TRIPLE-GLAZED TIMBER, ALU-CLAD "BLACK" Page 41
Page 42
Page 42
Page 43
Drawing No: Arch_24_D_10 Date: 5th August 2024 Client: Title: Site Layout Plan At: New House at Tomnamoon, Altyre, Moray IV36 2QR Scale: 1:250 Planning Application www.Coast2CoastArchitects.co.uk Address: The Sail Loft, 156 Findhorn, Forres, Moray IV36 3YL Tel. 01309 692 240 17.05.24 Rev. "A" 1:50 Layout Issue for Budget Costings 24.05.24 Rev. "B" Amended First Floor Design 17.06.24 Rev. "C" Approval of Reserved Matters 21/01873/PPP 200.0 197.5 198.0 198.5 199.0 199.5 197.0 7.50m > 5.0m > 5.0m > 5.0m > 5.0m FFL 199.50 Driveway Gravel Surface finish w/ Larch Kerb Edging 1.2m Timber Stock fence Composting ASHP Vehicular Turning Area EV Charging Point GATE See Engineer Designed Foul Drainage: Septic Tank & Soakaway See SUDs Drainage Soakaway Stone Wall N 0 10 20 30 40 50 FFL 199.50 Site Boundary Post & Wire Fence Site Boundary Post & Wire Fence Site Boundary Post & Wire Fence Site Boundary Post & Wire Fence PLOT AREA 3,400 m2 DWELLING GF NET INTERNAL AREA 138.5 m2 Landscape Proposals Minimum of 15% of the plot area to be planted with native tree species, at least 1.5m in height: Scots Pine, Birch, Rowan with more shrubby Holly, Hazel, Elder and Hawthorn. Parking Provision 3 spaces for a dwelling with four bedrooms or more. Drawn Scale in meters SUDS Drainage Surface water drainage provision within the application site to accord with the principles of Sustainable Urban Drainage Systems (SUDS) and is designed to the standards outlined in Sewers for Scotland Fourth Edition. See Drawing & Specification prepared by Mabbett 316666.01 Page 43
Page 44
Page 44
Page 45
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Drawing No: Arch_24_D_11 Date: 5th August 2024 Client: Title: Section Elevation - Patio Deck At: New House at Tomnamoon, Altyre, Moray IV36 2QR Scale: 1:100 www.Coast2CoastArchitects.co.ukPlanning Application Address: The Sail Loft, 156 Findhorn, Forres, Moray IV36 3YL Tel. 01309 692 240 Drawn Scale in meters 17.05.24 Rev. "A" 1:50 Layout Issue for Budget Costings 24.05.24 Rev. "B" Amended First Floor Design 20.06.24 Rev. "C" Amendment to Planning Consent 21/01873/PPP 05.08.24 Rev. "D" Planning Application Submission SESE Patio Section Elevation1:100 Page 45
Page 46
Page 46
Page 47
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Drawing No: Arch_24_D_12 Date: 5th August 2024 Client: Title: Cross Section AA and BB At: New House at Tomnamoon, Altyre, Moray IV36 2QR Scale: 1:100 www.Coast2CoastArchitects.co.ukPlanning Application Address: The Sail Loft, 156 Findhorn, Forres, Moray IV36 3YL Tel. 01309 692 240 Drawn Scale in meters 17.05.24 Rev. "A" 1:50 Layout Issue for Budget Costings 24.05.24 Rev. "B" Amended First Floor Design 20.06.24 Rev. "C" Amendment to Planning Consent 21/01873/PPP 05.08.24 Rev. "D" Planning Application Submission 2.875 2.400 3.785 S-BBuilding Section1:100 S-ABuilding Section1:100 Page 47
Page 48
Page 48
Page 49
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Drawing No: Arch_24_D_13 Date: 5th August 2024 Client: Title: Cross Section CC and DD At: New House at Tomnamoon, Altyre, Moray IV36 2QR Scale: 1:100 www.Coast2CoastArchitects.co.ukPlanning Application Address: The Sail Loft, 156 Findhorn, Forres, Moray IV36 3YL Tel. 01309 692 240 Drawn Scale in meters 17.05.24 Rev. "A" 1:50 Layout Issue for Budget Costings 24.05.24 Rev. "B" Amended First Floor Design 20.06.24 Rev. "C" Amendment to Planning Consent 21/01873/PPP 05.08.24 Rev. "D" Planning Application Submission S-CBuilding Section1:100 S-DBuilding Section1:100 Page 49
Page 50
Page 50
Page 51
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Drawing No: Arch_24_D_14 Date: 5th August 2024 Client: Title: Long Section EE At: New House at Tomnamoon, Altyre, Moray IV36 2QR Scale: 1:100 www.Coast2CoastArchitects.co.ukPlanning Application Address: The Sail Loft, 156 Findhorn, Forres, Moray IV36 3YL Tel. 01309 692 240 Drawn Scale in meters 17.05.24 Rev. "A" 1:50 Layout Issue for Budget Costings 24.05.24 Rev. "B" Amended First Floor Design 20.06.24 Rev. "C" Amendment to Planning Consent 21/01873/PPP 05.08.24 Rev. "D" Planning Application Submission 2.300 0.575 2.400 S-ELong Section1:100 Page 51
Page 52
Page 52
Page 53
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Drawing No: Arch_24_D_17 Date: 5th August 2024 Client: Title: Design Statement & Visualisations At: New House at Tomnamoon, Altyre, Moray IV36 2QR Scale: 1:2, 1:1 www.Coast2CoastArchitects.co.ukPlanning Application Address: The Sail Loft, 156 Findhorn, Forres, Moray IV36 3YL Tel. 01309 692 240 Drawn Scale in meters 17.05.24 Rev. "A" 1:50 Layout Issue for Budget Costings 24.05.24 Rev. "B" Amended First Floor Design 20.06.24 Rev. "C" Amendment to Planning Consent 21/01873/PPP 05.08.24 Rev. "D" Planning Application Submission Approach View Rear View DESIGN STATEMENT This new design is a prototype for rural housing on a modern Estate. The flexible design has been based around 3 Bedrooms + Home Office making this dwelling is suitable for a variety of generational and familly needs. The Sustainable Design agenda for this dwelling is backed up by real performance standards: - RIBA Climate Challenge Standard - Certified Passivhaus Standard - 15 kWh/m2yr Heating & Cooling Energy or 10 W/m2 peak Heat load (power) - 120 kWh/m2yr Primary Energy (heating, hot water, aux electric & household electric) - 0.6 ACH at 50 Pa max infiltration - Max 10% summer overheating t>25 deg.C In additional the dwelling has On-site Renewables with PV optimised Battery Storage Electric Vehicle Charging; ASHP with Mechanical Ventilation and Off-site fabrication of Low-Carbon Timber Construction system. Page 53
Page 54
Page 54
Page 55
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 © 2025, Mabbett & Associates Ltd. All Rights Reserved. The name Mabbett and the Mabbett logo are Trade Marks licensed to Mabbett & Associates Ltd. 07 January 2025 Project No: 316666 Drainage Assessment: Proposed Development at Tomnamoon, Dunphail, Forres, IV36 2QR Prepared for: Life Construction (Scotland) Ltd Torrisdale 25A Seabank Road Nairn IV12 4EU Contents Amendment Record This report has been issued and amended as follows: Revision Description Date Signed 1.0 First Issue 02 August 2024 D Clark 2.0 Second Issue 07 January 2025 D Clark Page 55
Page 56
Page 56
Page 57
Tomnamoon, Dunphail, Forres, IV36 2QR 316666 © 2025, Mabbett & Associates Ltd Page ii Table of Contents Section 1.0 Introduction 1 1.1 Introduction to Foul Drainage 1 1.2 Introduction to Surface Water Drainage 1 Section 2.0 Site Information and Ground Conditions 3 2.1 Existing Ground Conditions 3 2.2 Flood Risk 3 2.3 Infiltration and Percolation Testing 3 Section 3.0 Foul Drainage 4 3.1 Recommendation 4 3.2 Minimum System Requirements – Biological Treatment Plant 4 Section 4.0 Surface Water 5 4.1 Minimum System Requirements 5 4.2 Recommendation - Surface Water 5 Section 5.0 Disclaimer 6 Section 6.0 References 7 Appendix 1: Site Plan 8 Appendix 2: Surface Water Soakaway Calculations 9 Appendix 3: Surface Water and Foul Soakaway Details 11 Page 57
Page 58
Tomnamoon, Dunphail, Forres, IV36 2QR 316666 © 2025, Mabbett & Associates Ltd Page 1 of 6 Section 1.0 Introduction Mabbett & Associates Ltd (Mabbett) was commissioned by Life Construction (Scotland) Ltd to undertake an assessment of the foul and surface water drainage management options for a proposed 4-bedroom dwelling to be built at Tomnamoon, Dunphail, Forres, IV36 2QR at or about NGR NJ 03978 50015. 1.1 Introduction to Foul Drainage The Building (Scotland) Regulations 2004 must be adhered to when a construction project is being undertaken. Regulation 3.7 of the Regulations, as reproduced below, states that: Every wastewater drainage system serving a building must be designed and constructed in such a way as to ensure the removal of wastewater from the building without threatening the health and safety of the people in and around the building, and: (a) That facilities for the separation and removal of oil, fat, grease and volatile substances from the system are provided; (b) That discharge is to a public sewer or public wastewater treatment plant, where it is reasonably practicable to do so; and (c) Where discharge is to a public sewer or public wastewater treatment plant is not reasonably practicable that discharge is to a private wastewater treatment plant or septic tank. Limitation Standard 3.7(a) does not apply to a dwelling. As a public sewer connection was not possible a private septic tank/waste-water treatment plant and traditional soakaway infiltration system option was the preferred route to pursue for the treatment and final dispersal of the sewage that would be generated from the proposed dwelling. Section 3.9.1 of the Technical Handbook requires a preliminary “ground assessment”. The ground assessment results were favourable to allow for a soakaway on site (see below for details). 1.2 Introduction to Surface Water Drainage 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 below. GBR10: a) Discharge of surface water run-off from a surface water drainage system to the water environment from: i. Up to 60 hectares of land used for residential premises; ii. Land used for non-residential premises or yards, except where the buildings or yards are in an industrial estate; Page 58
Page 59
Tomnamoon, Dunphail, Forres, IV36 2QR 316666 © 2025, Mabbett & Associates Ltd Page 2 of 6 iii. Land used as a motorised vehicle parking area with up to 1,000 parking spaces; iv. Metalled roads other than motorways and A roads; v. Waterbound roads; or b) Discharge of water run-off from a construction site to the water environment where the site, including any constructed access tracks does not: i. Exceed 4 hectares; ii. Contain a road or track length in excess of 5 km; or iii. Including any area of more than 1 hectare or any length of more than 500 metres on ground with a slope in excess of 25º. Rules: d) the discharge must not contain any water run-off from any built developments, the construction of which is completed on or after 01 April 2007, or from construction sites operated on or after 01 April 2007, unless: i. during construction those developments are drained by a SUD system or equivalent systems equipped to avoid pollution of the water environment; ii. following construction those developments are drained by a SUD system equipped to avoid pollution of the water environment; iii. the run-off is from a development that is a single dwelling and its curtilage; or iv. the discharge is to coastal water. (Source; SEPA: The Water Environment (Controlled Activities) (Scotland) Regulations 2011 - A Practical Guide) Version 9.3, June 2023. 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. Page 59
Page 60
Tomnamoon, Dunphail, Forres, IV36 2QR 316666 © 2025, Mabbett & Associates Ltd Page 3 of 6 Section 2.0 Site Information and Ground Conditions 2.1 Existing Ground Conditions Trial pits were excavated by a mechanical digger on 26 November 2021 to assess the existing soils and their suitability for the use of sub surface soakaways as a method of foul and surface water management. The trial pits were excavated to a depth of 1.8m. The existing soils consist of 300-450mm topsoil with some roots overlying light brown, medium to loose, coarse very gravelly sands with many cobbles proved 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 outwith any areas of potential pluvial and fluvial flooding during a 1 in 200 year event. 2.3 Infiltration and Percolation Testing Infiltration testing was carried out in full accordance with BRE digest 365 and the results can be found in the Table 1 below: Table 1 – Infiltration Test Results Infiltration Pit Dimensions Test Zone Infiltration Test Hole No (w/l) (mgbl) Rate (m/s) INF01 1.2m x 1.2m 1.0m - 1.8m 8.33 x 10-5 The infiltration test results confirmed the ground conditions as being conducive to the use of a soakaway for the dispersal of surface water drainage. As can be seen in Table 2 below, the percolation test yielded an average percolation value (Vp) of 3.07 sec/mm. The percolation test results confirmed the ground conditions as being conducive to the use of a soakaway for the management of foul drainage. Table 2 – Percolation Test Results Test Hole No 1st 2nd 3rd Mean TH01 360s 420s 420s 400s TH02 420s 540s 600s 520s Average Vp 3.07s/mm Page 60
Page 61
Tomnamoon, Dunphail, Forres, IV36 2QR 316666 © 2025, Mabbett & Associates Ltd Page 4 of 6 Section 3.0 Foul Drainage 3.1 Recommendation The average percolation value (Vp) of the percolation tests carried out in the trial pits was found to be <15secs/mm. This dictates that secondary treatment is suitable in accordance with the guidance contained within SEPA’s policy/regulatory method RM-04Regulation of Indirect Sewage Discharges to Groundwater. Where the Vp is <15 secs/mm SEPA also requires the soakaway area in square metres to be calculated by the formula 3.6 x population equivalent (PE). For the proposed 4-bedroom dwelling (6PE) this results in a soakaway area of 21.6m². This method of calculating the soakaway area overrides the traditional sizing of the Technical Handbook as outlined in BS6297:2007. Mabbett’s investigations indicated that a favourable means of treating the sewage that would be generated by the proposed dwelling would be one based upon biological treatment capable of producing an effluent quality of 20mg/l BOD and 5mg/l Ammonia, both as a mean. The resultant effluent would, in order to be compliant with SEPA requirements, be dispersed into the surrounding subsoil via a constructed soakaway arrangement of at least 21.6m². The minimum base area can be provided within a soakaway with dimensions of 6m x 4m x a minimum 0.45m below the invert of the inlet. Alternative sizing may be used however the minimum base area of 21.6m² must be maintained. This soakaway layout is shown in Appendix 3. Under the terms of the Water Environment (Controlled Activities) (Scotland) Regulations 2011, the activity of discharging sewage effluent must be authorised by SEPA and, in view of the population equivalent generated by the dwelling being assessed as 50 or less, a Registration must be obtained before making a discharge from the development. 3.2 Minimum System Requirements – Biological Treatment Plant The size of the biological treatment plant required to treat the sewage that would be generated by the proposeddevelopmentwas calculated according to recognised industry figures as shown in Table 3below. Table 3 – Effluent Flows and Loads Figures Sized in accordance with British Water “Code of Practice - Flows and Loads 4 - Sizing Criteria, Treatment Capacity for Wastewater Treatment Systems”. 2013 Based on the above information a biological treatment plant capable of treating at least 0.36 kg BOD/day will be required for the development. Consideration should be given to installing a larger capacity system to accommodate potential future expansion of the dwelling. Development Maximum Occupancy Daily Flow (litres/person) BOD Loading per person (g/day) Treatment Capability Required (kgBOD/day) 4-bedroom dwelling 6 150 60 0.36 Page 61
Page 62
Tomnamoon, Dunphail, Forres, IV36 2QR 316666 © 2025, Mabbett & Associates Ltd Page 5 of 6 Section 4.0 Surface Water 4.1 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 proposed dwelling. 4.2 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 proposed dwelling. The surface water calculations within Appendix 2 detail the requirement and suitability of a soakaway with dimensions of 4m x 1.5m x 1.5m below the invert of the inlet. The sizing has been based on a contributing area of 265m² (Roof with extra over) for a 1:30year event with 42% allowance for climate change. The soakaway details have been included within Appendix 3. Page 62
Page 63
Tomnamoon, Dunphail, Forres, IV36 2QR 316666 © 2025, Mabbett & Associates Ltd Page 6 of 6 Section 5.0 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. Page 63
Page 64
© 2025, Mabbett & Associates Ltd Section 6.0 References Building (Scotland) Regulations 2004. The Scottish Building Standards: Technical Handbook 2019: Domestic. British Standard BS6297:2007 Code of Good Practice for the Design and Installation of Drainage Fields for use in Wastewater Treatment. British Water Code of Practice: Flows and Loads 4 - Sizing Criteria, Treatment Capacity for Sewage Wastewater Treatment Systems, 2013. 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. SEPA: Regulatory Method WAT-RM-03: Regulation of Sewage Discharges to Surface Water. SEPA: Regulatory Method WAT-RM-04 Regulation of Indirect Sewage Discharges to Groundwater. Environment Act 1995. Page 64
Page 65
© 2025, Mabbett & Associates Ltd Appendix 1 Appendix 1: Site Plan Page 65
Page 66
© 2025, Mabbett & Associates Ltd Appendix 2 Appendix 2: Surface Water Soakaway Calculations Page 66
Page 67
© 2025, Mabbett & Associates Ltd Appendix 2Page 67
Page 68
Appendix 3 Appendix 3: Surface Water and Foul Soakaway Details Page 68
Page 69
Drawing No: Arch_24_D_16_1 Date: 16th September 2024 Client: Title: Design Statement 1 - Performance Standards At: New House at Tomnamoon, Altyre, Moray IV36 2QR Scale: 1:2, 1:3.33, 1:1 Planning Application Information www.Coast2CoastArchitects.co.uk Address: The Sail Loft, 156 Findhorn, Forres, Moray IV36 3YL Tel. 01309 692 240 Driveway ViewApproach View Design Statement - Performance Standards Over the last 30 years Coast2Coast Architects have worked on many award winning rural design projects. For this reason we were approached by a well known local developer to prepare a new concept for a contemporary rural house. The new design prototype has been based around 3 Bedrooms + Home Office, making this market driven dwelling suitable for a variety of generational and family needs. Coast2Coast Architects have sought to redefine the way in which this dwelling is constructed, manufactured and delivered: with modern methods of construction and a low carbon agenda at the core of the project objectives. Built to achieve Certified Passivhaus Standard the fabric of the dwelling will achieve the following prescribed levels of building performance: - 15 kWh/m2yr Heating & Cooling Energy or 10 W/m2 peak Heat load (power) - 120 kWh/m2yr Primary Energy (heating, hot water, aux electric & household electric) - Air tightness < 0.6 Air Changes per Hour at 50 Pa max infiltration - Max 10% summer overheating t>25 deg.C With a Sustainable Design agenda for this dwelling that aims to reduce operational energy use, embodied carbon and water in accordance the measures set by the RIBA Climate Challenge Standard. And On-site Renewables with PV optimised Battery Storage, Electric Vehicle Charging; ASHP with Mechanical Ventilation and Off-site fabrication of Low-Carbon Timber Construction system. Page 69
Page 70
Drawing No: Arch_24_D_16_2 Date: 16th September 2024 Client: Title: Design Statement 2 - Architectural Form At: New House at Tomnamoon, Altyre, Moray IV36 2QR Scale: 1:2, 1:1, 1:250 Planning Application Information www.Coast2CoastArchitects.co.uk Address: The Sail Loft, 156 Findhorn, Forres, Moray IV36 3YL Tel. 01309 692 240 X X 123456789101112131415 WM TDWM X X X X N First Floor PlanGround Floor Plan Typical Building SectionRoof Plan Design Statement - Architectural Form As Architects over the years Coast2Coast Architects have constrained our design work within the parameters of traditional building form; in particular gable widths, roof pitch and eaves heights. While this ‘traditional’ approach has been successful, the impact of these design parameters (constraints) have led to single dwellings as ‘collections’ of smaller building forms ‘grouped together’ to form a 4/ 5 bedroom property with garage etc. Looking to the current Climate Emergency the problem this ‘traditional’ form-driven design approach (as recommend in the many Design Guides prepared by us and others over the years) has been twofold. Firstly we produce buildings which have a very high Form Factor (volume to surface area ratio) which makes them very energy inefficient also very expensive to build due to the amount of external cladding and perimeter foundations. Secondly, as we drive the local construction sector towards a 300mm thick insulated timber frame wall construction (which once external cladding has been applied produces an overall external envelope thickness of 450mm) which combined with a ‘traditional gable’ produces undersized internal rooms; heavily constrained designs; and a high % m2 of internal circulation space. In rethinking our design approach work we have been exploring ways of maintaining gable width, traditional building form and materials but providing more flexible ground floor accommodation, open-plan internal space and flexible-use outside living spaces. We have undertaken number of related design projects over the years integrating use of terraced roof areas and simplified building form and have now evolved our design innovation in practice. By maintaining the image and scale of a single-story dwelling form sitting on a larger base plinth this has permitted us to customise the ground floor plan without losing the more traditional design aspirations discussed, while allowing for the incorporation of an integrated plant room and double garage, particularly important to the commercial speculative build market. While the environmental and energy credentials are self-evident we have continued to develop an absolute low-carbon approach to building envelope construction; using a complete timber-based insulation system, eliminating the use of steelwork and minimising concrete throughout. At the same time the terrace roof construction finished with a Sedam Green roof build-up that replaces (some of) the ground coverage disrupted during construction and helping the building integrate back into the landscape. Page 70
Page 71
Westergreen Water supply Altyre Estate Schematic of properties and future properties attached to Westergreens watersupply as @ 4/2/2025 1 2 3 4 5 6 7 8 Page 71
Page 72
Page 72
Page 73
Our Ref: Cumming-Altyre-WesterGreen AM/MA 13th February 2025 Altyre Estate c/oBruce Terris Dear Bruce, Report on Borehole Yield, Westergreens Further to our site visit on the 7th February 2025, I am pleased to provide our report on the yield test of the existing borehole that serves the properties near Westergreens. Background The borehole at Westergreens was drilled by GRC Aquatech around 2015. GRC also completed the installation of the borehole and water treatment systems (sediment filter, back-washing sand filter, pH correction filter and UV disinfection unit). HighWater subsequently upgraded aspects of the installation in 2021, including installing a break tank, booster pump and high capacity, modern UV disinfection unit. The borehole currently serves the following properties: • Greens Kennels (3 bedroom bungalow). • Greens Farmhouse (3 bedroom bungalow). • Easter Greens. • Tomnamoon Farmhouse. • An agricultural (cattle)shed. It is understood that further domestic properties are to be served by the supply following development of the area. It is therefore necessary to ensure that the existing borehole is capable of supporting the additional demand from the proposed new houses. Borehole yield test methodology The currently installed borehole pump was used to measure the sustainable yield of the borehole. The supply pipe from the borehole to the treatment shed was disconnected and the pump switched on so that it discharged to waste. A totalising flow meter was used to measure the discharge rate from the borehole. Page 73
Page 74
Page2 of 3 Borehole YieldTest Results The borehole which serves Westergreens and surrounding properties was first yield tested by HighWater in February 2022. An excerpt of the report is included below to detail the yield measured during this test: Borehole Yield Test Results (2022) Before starting the yield test the static water level was measured to be 2.0metres below ground level (mbgl) and the overall depth of the borehole was measured to be 17.9m. The borehole pump was switched on and delivered a flow rate of 2,700 litres/hour for 80 minutes. During this time the dynamic water level dropped to 3.5mbgl. The above data indicate that the sustainable yield of the borehole is likely to be in excess of 2,700 litres/hour (64,000 litres/day). Given the relatively limited usage of the borehole at present (estimated to be a maximum of 5,000 litres/day) based on water usage of 200 litres/person/day and making an allowance for usage by cattle, it is therefore evident that the yield of the borehole is amply sufficient for supplying the proposed new property without any deleterious impact to the existing properties. Borehole Yield Test Results (2025) Although the yield is unlikely to have changed from the 2022 test, in order to provide some reassurance an attempt was made to repeat the test. However, due to access restrictions to the borehole on the day of the visit, we carried out the test from the Treatment Shed by disconnecting the incoming supply pipe from the borehole and running the water to waste. The borehole pump was switched on and delivered a flow rate of 2,650 litres/hour for 60 minutes. On this basis the water supply from the borehole would be capable of serving a residential population of approximately 318 people assuming daily water usage of 200 litres/person/day. Given the relatively limited usage of the borehole at present (estimated to be a maximum of 5,000 litres/day) based on water usage of 200 litres/person/day and making an allowance for usage by cattle, it is therefore evident that the yield of the borehole is amply sufficient for supplying the proposed new properties without any deleterious impact to the existing properties. Page 74
Page 75
Page 75
Page 76
Page 76
Page 77
From: Teresa Ruggeri <Teresa.Ruggeri@moray.gov.uk> Sent: 04 Sep 2024 07:51:03 To: DMSMyEmail@moray.gov.uk Cc: Subject: FW: 24/01056/APP Erect dwellinghouse on Site At Tomnamoon, Altyre, Forres Attachments: From: DeveloperObligations <DeveloperObligations@moray.gov.uk> Sent: Monday, September 2, 2024 3:14 PM To: Emma Mitchell <Emma.Mitchell@moray.gov.uk> Cc: DC-General Enquiries <development.control@moray.gov.uk> Subject: 24/01056/APP Erect dwellinghouse on Site At Tomnamoon, Altyre, Forres Hi, No developer obligations will be sought for this application as it relates to an extant consent, 21/01873/PPP. Thanks Rebecca Rebecca Morrison| Senior Infrastructure Growth/Obligations Officer (Strategic Planning and Development) | Economic Growth and Development 07971879253 / 01343 563583 rebecca.morrison@moray.gov.uk | website | facebook | twitter | instagram | news Page 77
Page 78
Page 78
Page 79
MORAY COUNCIL PLANNING CONSULTATION RESPONSE From: The Moray Council, Flood Risk Management Planning Application Ref. No: 24/01056/APP I have the following comments to make on the application:- Please x (a) I OBJECT to the application for the reason(s) as stated below (b) I have NO OBJECTIONS to the application and have no condition(s) and/or comment(s) to make on the proposal (c) I have NO OBJECTIONS to the application subject to condition(s) and/or comment(s) about the proposal as set out below (d) Further information is required in order to consider the application as set out below Contact: Stef Brady Date 20/01/2025 email address: Stefania.brady@moray.gov.uk Phone No 01343 563762 Consultee: The Moray Council, Flood Risk Management Page 79
Page 80
Page 80
Page 81
Consultee Comments for Planning Application 24/01056/APP Application Summary Application Number: 24/01056/APP Address: Site At Tomnamoon Altyre Forres Moray Proposal: Erect dwellinghouse on Case Officer: Emma Mitchell Consultee Details Name: Mr EH Consultations Address: Environmental Health, Council Offices, High Street Elgin, Moray IV30 1BX Email: Not Available On Behalf Of: Environmental Health C12 Comments Approved unconditionally - Andrew Stewart Page 81
Page 82
Page 82
Page 83
Consultee Comments for Planning Application 24/01056/APP Application Summary Application Number: 24/01056/APP Address: Site At Tomnamoon Altyre Forres Moray Proposal: Erect dwellinghouse on Case Officer: Emma Mitchell Consultee Details Name: Mr CL Consultations Address: Environmental Health, Council Offices, High Street Elgin, Moray IV30 1BX Email: Not Available On Behalf Of: Contaminated Land Comments Approved unconditionally - Allan Park Page 83
Page 84
Page 84
Page 85
MORAY COUNCIL PLANNING CONSULTATION RESPONSE From: The Moray Council, Flood Risk Management Planning Application Ref. No: 24/01056/APP I have the following comments to make on the application:- Please x (a) I OBJECT to the application for the reason(s) as stated below (b) I have NO OBJECTIONS to the application and have no condition(s) and/or comment(s) to make on the proposal (c) I have NO OBJECTIONS to the application subject to condition(s) and/or comment(s) about the proposal as set out below (d) Further information is required in order to consider the application as set out below Reason(s) for objection Full drainage statement hasn’t been uploaded, supporting information for the proposals of a surface water soakaway should include infiltration testing, drainage layout plans and dimensions of the proposed soakaway. The calculations detail and impermeable area of 180m2 – from the ground floor plans, it is unclear whether the dimensions stated are internal or external. Either way ground floor + garage equates to more than 180m2. Please revise or confirm the impermeable area for the calculations are sufficient. Further information required to consider the application The drainage statement should include plans and calculations for the proposed drainage system. Plans submitted with the application should include the proposed layout of the drainage system. The drainage system should be designed to a 3.33% Annual Exceedance Probability (including climate change - https://scottishepa.maps.arcgis.com/apps/webappviewer/index.html?id=2ddf84e295334f6b93bd0dbbb9ad7 417), without surcharging, if attenuation is used the system should drain completely within 24 hours. If the proposed system involves infiltration, information on the ground conditions is required as well as infiltration testing on or near the location for the infiltration system. The applicant should demonstrate that the post development run-off rate does not exceed the pre-development run-off rate, or increase the risk of flooding to the surround land. Further guidance for drainage and flooding can be found in “Supplementary Guidance on Flood Risk and Drainage Impact Assessment for New Developments” - www.moray.gov.uk/downloads/file133646.PDF. Contact: Stef Brady Date 30/08/2024 email address: Stefania.brady@moray.gov.uk Phone No 01343 563762 Consultee: The Moray Council, Flood Risk Management Page 85
Page 86
Page 86
Page 87
From: Susie Simpson <Susie.Simpson@moray.gov.uk> Sent: 02 Sep 2024 11:09:58 To: DMSMyEmail@moray.gov.uk Cc: Subject: FW: 20240902_MOD_Response_24/01056/APP Attachments: From: Wendy.Talbot100@mod.gov.uk <Wendy.Talbot100@mod.gov.uk> Sent: Monday, September 2, 2024 10:45 AM To: Planning Consultation <consultation.planning@moray.gov.uk> Subject: 20240902_MOD_Response_24/01056/APP Warning. This email contains web links and originates from outside of the Moray Council network. You should only click on these links if you are certain that the email is genuine and the content is safe. Good Morning Thank you for consulting the Ministry of Defence (MOD) on full planning permission application reference 24/01056/APP. The Defence Infrastructure Organisation (DIO) Safeguarding Team represents the MOD as a consultee in UK planning and energy consenting systems to ensure that development does not compromise or degrade the operation of defence sites such as aerodromes, explosives storage sites, air weapon ranges, and technical sites or training resources such as the Military Low Flying System. I can confirm that, following review of the application documents, the proposed development falls outside of MOD safeguarded areas and does not affect other defence interests. The MOD, therefore, has no objection to the development proposed. Thank you Wendy Talbot Assistant Safeguarding Manager Defence Infrastructure Organisation DIO - Estates St George’s House| Defence Infrastructure Organisation Head Office | DMS Whittington | Lichfield | Staffordshire | WS14 9PY Skype: Mobile: 07977410762 MODNET: wendy.talbot100@mod.gov.uk Page 87
Page 88
Page 88
Page 89
Consultation Request Notification Planning Authority Name Moray Council Response Date 9th September 2024 Planning Authority Reference 24/01056/APP Nature of Proposal (Description) Erect dwellinghouse on Site Site At Tomnamoon Altyre Forres Moray Site Postcode N/A Site Gazetteer UPRN 000133074630 Proposal Location Easting 303981 Proposal Location Northing 850010 Area of application site (M2) 3400 Additional Comment Development Hierarchy Level LOCAL Supporting Documentation URL https://publicaccess.moray.gov.uk/eplanning/ce ntralDistribution.do?caseType=Application&ke yVal=SG34Q2BGIQ800 Previous Application 21/01873/PPP Date of Consultation 26th August 2024 Is this a re-consultation of an existing application? No Applicant Name Life Construction (Scotland) Ltd Applicant Organisation Name Applicant Address Torrisdale 25 Seabank Road Nairn IV12 4EU Agent Name Coast2Coast Architects Agent Organisation Name Agent Address The Sail Loft 156 Findhorn Forres Moray IV36 3YL Agent Phone Number Agent Email Address N/A Case Officer Emma Mitchell Case Officer Phone number 01343 563326 Case Officer Mobile number 07966 120592 Case Officer email address emma.mitchell@moray.gov.uk PA Response To consultation.planning@moray.gov.uk NOTE: If you do not respond by the response date, it will be assumed that you have no Page 89
Page 90
comment to make. The statutory period allowed for a consultation response is 14 days. Due to scheduling pressures if a definitive response is not received within 21 days this may well cause the two month determination period to be exceeded. Data Protection - Moray Council is the data controller for this process. Information collected about you on this form will be used to process your Planning Application, and the Council has a duty to process your information fairly. Information we hold must be accurate, up to date, is kept only for as long as is necessary and is otherwise shared only where we are legally obliged to do so. You have a legal right to obtain details of the information that we hold about you. For full terms please visit http://www.moray.gov.uk/moray_standard/page_121513.html For full Data Protection policy, information and rights please see http://www.moray.gov.uk/moray_standard/page_119859.html You can contact our Data Protection Officer at info@moray.gov.uk or 01343 562633 for more information. Please respond using the attached form:- Page 90
Page 91
MORAY COUNCIL PLANNING CONSULTATION RESPONSE From: Transportation Manager Planning Application Ref. No: 24/01056/APP Erect dwellinghouse on Site At Tomnamoon Altyre Forres Moray for Life Construction (Scotland) Ltd I have the following comments to make on the application:- Please (a) I OBJECT to the application for the reason(s) as stated below ❑ (b) I have NO OBJECTIONS to the application and have no condition(s) and/or comment(s) to make on the proposal ❑ (c) I have NO OBJECTIONS to the application subject to condition(s) and/or comment(s) about the proposal as set out below x (d) Further information is required in order to consider the application as set out below ❑ This proposal is to erect a new dwelling house which was subject to previous planning permission (in principle). The conditions below differ slightly but aim to simplify the previously sought requirements and to avoid any works which may otherwise conflict with existing roads drawing infrastructure adjacent to the access: Condition(s) 1. Notwithstanding the submitted details no development shall commence until: i) a detailed drawing (scale 1:500 or 1:1000 which shall also include details to demonstrate control of the land) showing the visibility splay 3.5 metres by 120 metres in both directions, with all boundaries set back to a position behind the required visibility splay, and a schedule of maintenance for the splay area has been submitted to and approved by the Council, as Planning Authority in consultation with the Roads Authority; and ii) thereafter the visibility splay shall be provided in accordance with the approved drawing prior to any works commencing (except for those works associated with the provision of the visibility splay); and iii) thereafter the visibility splay shall be maintained at all times free from any obstruction exceeding 0.6 metres above the level of the carriageway in accordance with the agreed schedule of maintenance. Reason: To enable drivers of vehicles leaving the site to have a clear view over a length of road sufficient to allow safe exit, in the interests of road safety for the proposed development and other road users. 2. No development shall commence until a detailed drawing (scale 1:500) showing the location and design of a passing place on the section of the U90E Halfdavoch Road (to the Moray Council standards and specification), has been submitted to and approved in writing by the Council, as Planning Authority in consultation with the Roads Authority; and thereafter the passing place shall be constructed in accordance with the approved drawing Page 91
Page 92
prior to any development works commencing (except for those works associated with the provision of the passing place). Reason: To enable drivers of vehicles to have adequate forward visibility to see approaching traffic and for two vehicles to safely pass each other ensuring the safety and free flow of traffic on the public road. 3. Notwithstanding the submitted details no development shall commence until details have been submitted for the approval in writing of the Planning Authority, in consultation with the Roads Authority, for provision of a bin store to safely contain recycling bins. The bin store should be located in close proximity to the site access onto the public road but out with the required visibility splays; and thereafter the bin store shall be constructed in accordance with the approved details prior to the first occupation of the dwelling house. To ensure acceptable development that does not create any hazard to road users in the interests of road safety through the provision of details currently lacking 4. Two car parking spaces shall be provided within the site prior to the occupation or completion of the dwelling house, whichever is the sooner. The parking spaces shall thereafter be retained throughout the lifetime of the development, unless otherwise agreed in writing with the Council as Planning Authority. Reason: To ensure the permanent availability of the level of parking necessary for residents/visitors/others in the interests of an acceptable development and road safety. 5. Prior to the first occupation of the dwellinghouse, the first 10m of the access track, measured from the edge of the public carriageway, shall be constructed across its full existing width (including radii) to the Moray Council specification and surfaced with bituminous macadam. The radii need not be kerbed. Reason: To ensure acceptable infrastructure at the development access. 6. No water shall be permitted to drain or loose material be carried onto the public carriageway. Reason: To ensure the safety and free flow of traffic on the public road and access to the site by minimising the road safety impact from extraneous material and surface water in the vicinity of the access or as a result of any verge regrading works 7. A turning area shall be provided within the curtilage of the site to enable vehicles to enter and exit in a forward gear. Reason: To ensure the provision for vehicles to enter/exit in a forward gear in the interests of the safety and free flow of traffic on the public road 8. New boundary walls/fences shall be set back from the edge of the public carriageway at a minimum distance of 2.0m and to a position behind the required visibility splays. Reason: To ensure acceptable development in the interests of road safety. Further comment(s) to be passed to applicant Note –The visibility splays should be shown for their full extent in both directions and for clarity can be taken from the projected line of the carriageway edge. The formation of the Page 92
Page 93
required visibility splays will require the setting back of boundary fences, removal of gorse and vegetation, cutting back of tree branches and may require minor regrading works to lower the verge. Although a bin store has been shown it requires to be provided closer to the public road so that waste collection vehicles can simply pull into the access (Lay-by) and be emptied. The waste collection vehicle would not drive up the private track to access the bin store shown. Planning consent does not carry with it the right to carry out works within the public road boundary. The Developer should be advised that roads drainage infrastructure is located to the side of the existing access which shall be retained. Any damage to existing drainage infrastructure as a result of development must be made good at the expense of the developer. Further advice on this matter can be obtained by contacting Roads Maintenance team via email roads.asset@moray.gov.uk or via telephone 0300 1234565. Note – Electric Vehicle (EV) charger infrastructure would require to be provided for the new property (and has been detailed); however, for clarity the EV details shall be assessed separately as part of any associated building warrant submission. Guidance on Electric Vehicle (EV) Charging requirements can be found at http://www.moray.gov.uk/downloads/file147031.pdf Before commencing development the applicant is obliged to apply for Construction Consent in accordance with Section 21 of the Roads (Scotland) Act 1984 for new roads (passing place). The applicant will be required to provide technical information, including drawings and drainage calculations. Advice on this matter can be obtained from the Moray Council web site or by emailing constructionconsent@moray.gov.uk Before starting any work on the existing public road the applicant is obliged to apply for a road opening permit in accordance with Section 56 of the Roads (Scotland) Act 1984. This includes any temporary access joining with the public road. Advice on these matters can be obtained by emailing roadspermits@moray.gov.uk Any existing ditch, watercourse or drain under the site access shall be piped using a suitable diameter of pipe, agreed with the Roads Maintenance Manager (300mm minimum). The pipe shall be laid to a self-cleansing gradient and connected to an outfall. Public utility apparatus may be affected by this proposal. Contact the appropriate utility service in respect of any necessary utility service alterations which have to be carried out at the expense of the developer. No building materials/scaffolding/builder’s skip shall obstruct the public road (including footpaths) without permission from the Roads Authority. The applicant shall free and relieve the Roads Authority from any claims arising out of their operations on the road or extension to the road. Contact: AG Date 02 September 2024 email address: Transport.develop@moray.gov.uk Consultee: TRANSPORTATION Return response to consultation.planning@moray.gov.uk Please note that information about the application including consultation responses and representations (whether in support or objection) received on the proposal will be published on the Council’s website at http://public.moray.gov.uk/eplanning/ (You can also use this site to track progress of the application and view details of any consultation responses and representations (whether in support or objection) received on the proposal). In order to comply with the Data Protection Act, personal information including signatures, personal telephone and email details will be removed prior to publication using “redaction” software to avoid (or mask) the display of such information. Where appropriate other “sensitive” information within documents will also be removed prior to publication online. Page 93
Page 94
Page 94
Page 95
Comments for Planning Application 24/01056/APP Application Summary Application Number: 24/01056/APP Address: Site At Tomnamoon Altyre Forres Moray Proposal: Erect dwellinghouse on Case Officer: Emma Mitchell Customer Details Comment Details Commenter Type: Neighbour Stance: Customer objects to the Planning Application Comment Reasons: - Activity at unsociable hours/behaviour - Affecting natural environment - Contrary to Local Plan - Dust - Height of proposed development - Litter - Loss of privacy (being overlooked) - Noise - Over-development of site - Procedures not followed correctly - Road access - Road safety - Traffic - View affected Comment: we believe that this development would be detrimental to the natural environment. This project appears to have been a recent business enterprise, which we believe is not in keeping with the local plan or sympathetic to the landscape/in keeping with the surrounding traditional housing. ; we are concerned to note from the drawings that this is easily the first of a number of properties to be planned for this plot, We would therefore question the integrity of this planned development and if procedures have been adequately followed, as a developer with no connections to the local area has become Page 95
Page 96
interested very recently in the project and we believe this to be an exploitation of the natural environment for financial gain. Furthermore, the site would be situated on contaminated ground; as our understanding is that the area has been historically used to dump machinery and farm waste. In terms of the infrastructure, we also have significant concerns. The Private Water Supply at which currently covers five properties plus domestic elements of Dunphail Distillery, is not fit for purpose with inadequate pressure and interruptions to the supply itself. Therefore, we must object; as on - site water for construction use, plus the supply to an additional property would cause significant issues to all other users. We have objections to access arrangements for the planned site, as the volume of heavy plant traffic would have a detrimental impact on the existing access track and cause us safety issues. The general impact on the noise as a result of having an operational building site and in particular, activity during anti - social hours; not to mention the scar on the landscape and associated litter are concerning. We would also make the committee aware that the ruined outbuilding at the entrance to the site is used year - round by Wildlife and Countryside Act 1981/Schedule 1 breeding Barn Owls and also Bats, so efforts should be taken to prevent disruption to these species; as after all this is an area of natural beauty which deserves to be preserved and not exploited. Page 96
Page 97
Comments for Planning Application 24/01056/APP Application Summary Application Number: 24/01056/APP Address: Site At Tomnamoon Altyre Forres Moray Proposal: Erect dwellinghouse on Case Officer: Emma Mitchell Customer Details Comment Details Commenter Type: Neighbour Stance: Customer objects to the Planning Application Comment Reasons: - Affecting natural environment - Inadequate plans Comment:The current Private Water Supply at Tomnamoon, which currently covers five properties plus domestic elements of the Dunphail distillery, is not currently fit for purpose with inadequate pressure issues and interruptions to the supply itself. Therefore I must object unless - as part of this application - Altyre Estate provides a robust guarantee to upgrade the pumping and treatment services for the borehole that provides the Tomnamoon PWS, and prior to the building commencing as on-site water for construction will cause significant issues to other users. It is also clear from the site map that this is easily the first of a number of properties that could be built in this plot, therefore the PWS upgrade must be future-proofed for such. Secondly, the ruined outbuilding at the entrance to the site is used year-round by Wildlife & Countryside Act 1981/Schedule 1 breeding birds and efforts should be taken to prevent disruption to such. Page 97
Page 98
Page 98
Page 99
Comments for Planning Application 24/01056/APP Application Summary Application Number: 24/01056/APP Address: Site At Tomnamoon Altyre Forres Moray Proposal: Erect dwellinghouse on Case Officer: Emma Mitchell Customer Details Comment Details Commenter Type: Member of the Public Stance: Customer made comments in support of the Planning Application Comment Reasons: Comment:The Applicant is to be commended for making the principles of energy efficiency, environment specification and ecology so central to their business objectives. It is truly refreshing to see a new house design fit for the 21st century that demonstrates its low- carbon credentials for the world to see: to create a beautiful, three dimensional form that is based in historical precedent and looks like it truly belongs in the north of Scotland. The design of this building sets new standards for local developers and the future of rural housing in the countryside and on this basis, we commend the application to The Moray Council. Page 99
Page 100
Page 100
Page 101
Air Change LTD Kintail House Ness Horizons Business Centre Beechwood Business Park Inverness Scotland IV2 3BW jamie@airchangeltd.com 01667 460498 I am writing in support the above proposed development. For Life Construction's Darklass Development we (Air Change Ltd) provided highly efficient MVHR systems (Mechanical Ventilation with Heat Recovery). These systems are specifically developed to work within Scotlands timber frame buildings and challenging climate while achieving the rigourous requirements for Passivhaus and other global standards. Working with Life Construction was encouraging, as unlike most developers, they insisted on reliable, future-proof, highly efficient systems, essential for any sustainable development. 24th Sep 2024 Yours Sincerely, Jamie A. Reid Director Air Change Ltd To Whom It May Concern, Life Construction - Tomnamoon 23 September 2024 Page 101
Page 102
SAINT-GOBAIN UK AND IRELAND 1 Herald Way, Binley Industrial Estate, Coventry, CV3 2ZG Registered Office: Saint-Gobain House, East Leake, Loughborough, Leicestershire, LE12 6JU. Registered in England and Wales No. 00734396 25 September 2024 Planning Department Moray Council High Street Elgin IV30 1BX To Whom it May Concern Support for Planning Application – Tomnamoon Housing Development, Forres I am writing on behalf of Saint-Gobain Off-Site Solutions to express our support for the Tomnamoon housing development, proposed by Life Construction. Saint-Gobain is a global leader in light and sustainable construction, with over 350 years of experience creating materials and systems that improve quality of life through innovative, efficient, and environmentally-conscious building solutions. Our commitment to sustainable development is at the core of our mission to Make the World a Better Home, as we strive to reduce the environmental impact of construction while promoting faster, more efficient methods of housing delivery. We believe the Tomnamoon project represents these values in action. As you know, the need for new housing in Scotland is acute. The current housing crisis is well- documented, and it is crucial that new developments address both the growing demand for homes and the need for long-term sustainability. Life Construction’s proposal for Tomnamoon responds directly to this need by providing high-quality, energy-efficient homes that align with Scotland’s national priorities, including a focus on low-carbon, sustainable housing. We believe that The Tomnamoon project also aligns strongly with Moray Council’s development and sustainability goals, as outlined in the Moray Local Development Plan. The council’s strategy rightly emphasises the importance of sustainable development that reduces carbon emissions, promotes energy efficiency and integrates with the local landscape. Moray Council also stresses that new developments should respect the character of their surroundings while embracing contemporary design and building technologies that ensure longevity and environmental responsibility. Tomnamoon addresses these goals in several ways: • Energy Efficiency: The homes will feature cutting-edge sustainability technologies such as Air Source Heat Pumps (ASHPs), solar energy systems, battery storage, and Mechanical Ventilation with Heat Recovery (MVHR) systems. These solutions significantly reduce the carbon footprint of each home, directly contributing to Moray’s commitment to low-carbon development. • Modern Methods of Construction (MMC): The use of a 300mm closed panel system allows for quick assembly on-site, increasing safety, minimizing disruption to the community, and reducing waste—another key aspect of Moray’s sustainability objectives. The off-site system would be manufactured in Scotland, reducing the impact on delivery and providing support to the Scottish economy. • Design Sensitivity: While Tomnamoon represents a forward-thinking vision of rural housing, we believe that its design remains respectful of both local architectural traditions and is in keeping with Scottish countryside. This balance between innovation and context is, I feel, keeping with 23 September 2024 Page 102
Page 103
SAINT-GOBAIN UK AND IRELAND 1 Herald Way, Binley Industrial Estate, Coventry, CV3 2ZG Registered Office: Saint-Gobain House, East Leake, Loughborough, Leicestershire, LE12 6JU. Registered in England and Wales No. 00734396 Moray Council’s preference for developments that blend contemporary design with the character of the local area. Life Construction has an exemplary track record in delivering high-performance, sustainable housing. Their previous project near Forres was Scotland’s first to deliver EPC ‘A-rated’ homes, — an achievement that earned them a place on the shortlist for the British Homes Awards 2024. Their aspiration towards delivering housing through an innovative approach to construction and dedication to pushing the boundaries of sustainable housing are to be commended. The design and execution of the Tomnamoon project offers the potential to deliver homes that meet the highest standards of quality, performance, and environmental responsibility. The integration of energy-efficient technologies, along with Life Construction’s use of Modern Methods of Construction, ensures that this development would not only provide much-needed housing but would also set a new benchmark for sustainable, rural homes in Moray and beyond. We are proud to support Life Construction and the Tomnamoon development, which we believe would contribute meaningfully to addressing Scotland’s housing crisis while adhering to Moray Council’s vision for sustainable, thoughtful, and high-quality development. We respectfully ask the council to consider the substantial benefits this project will bring to the local community and to Scotland’s broader environmental and housing objectives when rendering a final decision. Yours sincerely Ross Baxter Managing Director Saint-Gobain Off-Site Solutions Page 103
Page 104
Page 104
Page 105
REPORT OF HANDLING Ref No: 24/01056/APP Officer: Emma Mitchell Proposal Description/ Address Erect dwellinghouse on Site at Tomnamoon Altyre Forres Moray Date: 5 March 2025 Typist Initials: RECOMMENDATION Approve, without or with condition(s) listed below Refuse, subject to reason(s) listed below Y Legal Agreement required e.g. S,75 Notification to Scottish Ministers/Historic Scotland Hearing requirements Departure Pre-determination CONSULTATIONS Consultee Date Returned Summary of Response Planning And Development Obligations 02/09/24 None sought Environmental Health Manager 27/08/24 No objection Contaminated Land 27/08/24 No objection Transportation Manager 02/09/24 No objection subject to conditions Moray Flood Risk Management 20/01/25 No objection Private Water Supplies 21/02/25 No objection subject to condition MOD Safeguarding - Statutory 02/09/24 No objection DEVELOPMENT PLAN POLICY Policies Dep Any Comments (or refer to Observations below) National Planning Framework (NPF) NPF1 - Tackling the Climate N NPF2 - Climate mitigation and adaptation N NPF3 - Biodiversity N NPF13 - Sustainable transport N NPF14 - Design, quality and place Y See observations NPF15 - Local living N NPF16 - Quality homes Y See observations NPF17 - Rural homes Y NPF22 - Flood risk N NPF23 - Health and safety N Page 105
Page 106
Page 106
Page 107
(Page 2 of 3) Ref: 24/01056/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 development is contrary to Moray Local Development Plan 2020 Policies DP4 Rural Housing and DP1 Development Principles and to National Planning Framework Policies 14 Design, quality and Place and 17 Rural Homes for the following reasons: • The contemporarily designed dwellinghouse fails to respond to its rural setting by virtue of its height (in excess of 9m), its bulk and flat roof wrap around with roof deck feature. • It is out of keeping with the surrounding area given its scale, density and character is not appropriate for its setting and would fail to integrate into the surrounding landscape. • The proposal would adversely affect the site and the surrounding area due to its dominant impact detrimentally altering the character of the area. LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT The following plans and drawings form part of the decision: - Reference Version Title ARCH_24_C_02 Block Plan ARCH_24_C_03 Ground Floor Plan ARCH_24_C_04 First Floor Plan ARCH_24_C_05 Roof Plan ARCH_24_C_06 Entrance SE Elevation ARCH_24_C_07 Side SW Elevation ARCH_24_C_08 Front NE Elevation ARCH_24_C_09 Rear NW Elevation ARCH_24_C_10 Site Layout Plan ARCH_24_C_11 Section Elevation - Patio Deck ARCH_24_C_12 Cross Section AA And BB ARCH_24_C_13 Cross Section CC And DD ARCH_24_C_14 Long Section EE ARCH_24_C_15 Long Section FF ARCH_24_C_01 Location Plan 316666 1.0 Soakaway Details 316666_PL_001 X Topography Survey Page 107
Page 108
(Page 3 of 3) Ref: 24/01056/APP 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. Page 108
Page 109
Page 2 of 8 Moray Local Development Plan 2020 (MLDP) PP1 Placemaking N PP3 Infrastructure and Services N DP1 Development Principles Y See observations DP2 Housing N DP4 Rural Housing Y See observations EP12 Management and Enhancement Water N EP13 Foul Drainage N EP14 Pollution Contamination Hazards N REPRESENTATIONS Representations Received YES Total number of representations received – THREE Names/Addresses of parties submitting representations Name and address details of parties submitting representations withheld in accordance with the General Data Protection Regulations. Summary and Assessment of main issues raised by representations Issue: Water Supply • The current private water supply at Tomnamoon which covers 5 properties plus domestic elements of Dunphail Distillery is not fit for purpose with inadequate pressure issues and interruptions. • Object unless get a robust guarantee to upgrade the pumping and treatment services for the borehole that provides the Tomnamoon PWS. • PWS upgrade should be future proofed in case further new properties require connection to it. • Concern regarding the PWS required for the construction of the development. Comments (PO): • Private Water were consulted on the proposal and after seeking further information concluded that the proposed water supply from an existing borehole was acceptable subject to a condition being attached to the consent (if permitted) requiring a scheme of effective treatment to the private water supply being fully installed and properly maintained for the lifetime of the development. Wildlife • Birds and bats use the ruined outbuilding at the entrance to the site and efforts should be made to prevent disruption to them. Comments (PO): • The outbuilding does not form part of the proposal. Environment • Proposal is detrimental to the natural environment. • Concern regarding litter from the proposal. • This is an area of natural beauty that deserves to be preserved not exploited. Comment (PO): • The design of the proposal is unacceptable due to the reasons given in the reason for refusal Page 109
Page 110
Page 3 of 8 and observation section. • It is speculative to assume that the proposal would create litter. Amenity • The proposal will impact on neighbouring properties amenity. It will be over-looked and there will be noise from the building site. There could be activity during anti-social hours. Comment (PO): • If permitted it is unlikely that once complete the proposal would have an adverse impact on the neighbouring properties amenity given the distance it is from it. • If permitted any building works would be short term and any disruption would be short lived. Access • The volume of heavy plant traffic sharing our driveway would have a detrimental impact on the existing access track and cause us safety issues. Comment (PO): • Transportation have been consulted on the proposal and have no objections. The track is private therefore this would be a private matter. Siting and Design • This project appears to have been a recent business enterprise, which we believe is not in keeping with the local plan or sympathetic to the landscape/in keeping with the surrounding traditional housing. • It will be a scar on the landscape. Comment (PO): • The design of proposal is unacceptable for the reasons given in the observations section of this report. Other • Chosen to invest our property due property due its quiet rural location and we are concerned that this is first of a number of new properties planned for this area. • Site is contaminated and has been used for the dumping of waste and machinery in the past. Comment (PO): • It is unknown whether further planning applications for housing will be submitted to the planning department. • Contaminated Land were consulted on the proposal and have no objections to it. Support • The applicant should be commended for making the principles of energy efficiency, environment specification and ecology so central to their business objectives. • Refreshing to see a design fit for the 21st century that demonstrates its low carbon credentials for the world to see: to create a beautiful, three-dimensional form that is based in historical precedent and looks like it truly belongs in the north of Scotland. • The design of this building sets new standards for local developers and the future of rural housing in the countryside and on this basis, we commend the application to The Moray Council. Comment (PO): • Noted. Page 110
Page 111
Page 4 of 8 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 • Planning permission is sought for the erection of a dwellinghouse on a site at Tomnamoon, Altyre. • The proposed 4. Bed 2 storey dwellinghouse with an integral garage is located in the centre of the plot. • A roof deck leads off the master bedroom on the first floor. • External materials include vertical (black) and horizontal (natural) timber cladding with standing seam sheet metal. The garage has a flat roof finished with seedam planting. • The dwellinghouse is approx. 9.10 m high to the ridge. The house has an overall footprint of approx. 250 sqm. The floor area of the dwellinghouse is 227 sqm. • On-site Renewables include PV optimised battery storage electric vehicle charging, an Air Source Heat Pump with mechanical ventilation and Off-site fabrication of Low-Carbon Timber Construction system. • The dwellinghouse is intended to be connected to a private water supply. • A post and wire fence is shown for the site boundary. • The site is accessed via an existing track from the public road. Site Characteristics • The almost rectangular uneven site is 3400 sqm in size located in the countryside located approx. 7 miles south of Forres. • The site is currently undeveloped waste ground. • The site is surrounded by woodland to the south and west. Further undeveloped wasteland is located to south and east of the site, Tomnamoon Farm Steading and Farmhouse lie to the east of this. • Planning permission in principle was granted for a dwellinghouse on the site in April 2022 (21/01873/PPP). Siting and Design (NPF 14 and 17 / MLDP PP1, DP1 and DP4) Policy 14 aims to encourage, promote and facilitate well designed development that makes successful places by taking a design-led approach and applying the Place Principle. Policy PP1 Placemaking seeks to ensure that new development is designed to create successful healthy places that improve people's wellbeing, safeguard the environment and support economic development, promote character and identity and biodiversity. Policy DP1 Development Principles sets 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. Policy 17 stipulates that new homes in rural areas will be supported where the development is suitably scaled, sited and designed to be in keeping with the character of the area and the development complies with further criteria. In addition to this policy DP4 seeks to direct new housing to appropriate locations within the countryside. Proposals for houses within the countryside must meet the design criteria of this policy which includes the height of the new dwelling not exceeding 6.75m, the house being of an appropriate scale and massing, excess detailing involving gable features, balconies etc that have a suburban feel must be avoided, roof pitches must be between 30 and 50 degrees and meet the gable/pitch formula, all roofing must be finished in slate or an alternative profiled cladding, windows with a horizontal emphasis must be generally avoided, restrictions on boundary treatments apply and Page 111
Page 112
Page 5 of 8 access arrangements must be sympathetic to the rural setting. Policy DP4 does also permit contemporary, innovative design will be supported where it can be demonstrated that a building is of contemporary, innovative, high-quality design, responds to its setting and uses appropriate high-quality materials and sustainable construction techniques. Proposals of this nature must be supported by a design statement setting out how the building meets the identified requirements. The principle of a dwelling on this site was established through planning permission in principle (21/01873/PPP) being granted in April 2022. A contemporary designed dwellinghouse has been proposed for the site. The 2 storey dwellinghouse with integral garage has an overall footprint of approx. 250 sqm and is approx. 9.1m high. The front and side elevation has a large wrap around flat roof section which has a roof deck. The proposal site is located in a very rural part of Moray which is largely covered in forestry, farmland with farm related houses and buildings and some single dwellinghouses. The site itself sits to the rear (west) of Tomnamoon Farmhouse in an area described as wasteland on the application form. The site sits in a corner of the wasteland and is surrounded by woodland to the south and west, it is currently rough grass. Whilst policy DP4 allows for contemporary, innovative design in this instance the proposal does not respond to its setting which is a requirement of policy DP4. The dwellinghouse proposed by virtue of its height (over 9m), bulk and flat roof wrap around with roof deck feature fails to respond to this rural setting. The design statement submitted does not demonstrate how the dwellinghouse responds to its setting. It is out of keeping with the surrounding area given its scale, density and character is not appropriate for its setting and would fail to integrate into the surrounding landscape. The proposal would adversely affect the site and the surrounding area due to its dominant impact. It is noted that proposed dwellinghouse is very energy efficient however this does not override the fact that its design, for the reasons given above, is unacceptable for the proposal site. 15% of the site is proposed to be planted with native tree species as policy requires. If the proposal were to be permitted further detail and a maintenance schedule would be required to be submitted and agreed in writing with the Council. In light of the above the proposal fails to comply with policies 14 Design Quality and Place, 17 Rural Homes, PP1 Placemaking, DP1 Development Principles and DP4 Rural Housing. Drainage and Water (NPF 22 / MLDP EP12 and EP13) Policies 22, DP1, EP12 and EP13 together seek to ensure that acceptable water and drainage provision is made, including the use of sustainable urban drainage (SUDS). Policy EP13 requires new development to connect to the main system whenever possible. Moray Flood Risk Management were consulted on the proposal and have no objections. If permission were to be granted a condition would be attached to the consent ensure adherence with the submitted drainage information. Water Supply (EP13) Policy EP13 demands that all proposals that require to use a private water supply must demonstrate that a wholesome and adequate supply can be provided. A private water supply is proposed from a borehole. The borehole is shared with our properties in the area that it currently serves. Page 112
Page 113
Page 6 of 8 Private Water were consulted on the proposal and required further information on the supplies yield. This was submitted and in turn Private Water have no objections to the proposal subject to standard private water conditions relating to effective treatment for the supply being provided prior to its occupation if it were to be permitted. Access and Parking (NPF 13 / MLDP DP1) Policy 13 states that development proposals will be supported where they are designed to incorporate safety measures. Policy DP1 requires that proposals must provide a safe entry and exit from the development and conform with the Council's current policy on Parking Standards. Transportation were consulted on the proposal and have no objections subject to condition and informatives being attached to the consent if it were to be permitted. Sustainability (NPF 1 & 2) Policy 1 states that significant weight will be given to the global climate and nature crisis. Policy 2s intent is to encourage, promote and facilitate development that minimises emissions and adapts to the current and future impacts of climate change. Design features such as passive solar gain will increase natural light and heat into the dwelling thereby reducing energy consumption and lighting requirements, and good thermal performance measures will also help to limit heat losses from the dwelling. The design statement details that the sustainable design agenda for the proposed dwelling is backed up by real performance standards: • RIBA Climate Challenge Standard • Certified Passivhaus Standard • 15 kWh/m2yr Heating & Cooling Energy or 10 W/m2 peak Heat load (power) • 120 kWh/m2yr Primary Energy (heating, hot water, aux electric & household electric) • 0.6 ACH at 50 Pa max infiltration • Max 10% summer overheating t>25 deg.C In addition to this the dwelling has on site renewables including PV optimised battery storage, an electric vehicle charging point, an air source heat pump with mechanical ventilation and off-site fabrication of low-carbon timber construction system. In light of the above the proposal complies with policies 1 and 2. Biodiversity (NPF 3) Local development is required to include appropriate measures to conserve, restore and enhance biodiversity under policy 3. A mixture of native tree planting is being proposed within the site which will enhance the biodiversity of the site. The species chosen will provide food in the form of berries and nuts, and opportunities for nesting and shelter. If planning permission were to be granted a condition would be attached to the consent requiring a plan showing three bird/bat boxes to be submitted and agreed in writing prior to works commencing. These bird/bats boxes would be required to be in situ prior to occupation of the dwelling. The criteria in the policy has been met. Developer Obligations and Affordable Housing (NPF 16 / MLDP PP3 & DP2) Policy PP3 Infrastructure and Services states development must be planned and co-ordinated with infrastructure to ensure that places function properly and proposals are adequately served by infrastructure and services. In relation to infrastructure and services developments can be required to Page 113
Page 114
Page 7 of 8 provide contributions towards Education, Health, Transport, Sports and Recreation and Access facilities in accord with Supplementary Guidance on Developer Obligations and Open Space. Policy DP2 Housing stipulates for proposals of less than 4 market housing units a commuted payment is required towards meeting housing needs in the local housing market area. No developer obligations will be sought for this application because it relates to an extant consent (21/01873/PPP). Recommendation Refuse. OTHER MATERIAL CONSIDERATIONS TAKEN INTO ACCOUNT None. HISTORY Reference No. Description Erect dwellinghouse on Site at Tomnamoon Altyre Forres Moray 21/01873/PPP Decision Permitted Date Of Decision 12/04/22 ADVERT Advert Fee paid? Yes Local Newspaper Reason for Advert Date of expiry Forres Gazette Departure from development plan 24/09/24 Forres Gazette No Premises 24/09/24 PINS No Premises 24/09/24 DEVELOPER CONTRIBUTIONS (PGU) Status NONE SOUGHT 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: Page 114
Page 115
Page 8 of 8 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) Page 115
Page 116
Page 116
Page 117
APPENDIX 2 NOTICE OF REVIEW, GROUNDS FOR REVIEW & SUPPORTING DOCUMENTS Page 117
Page 118
Page 118
Page 119
1 NOTICE OF REVIEW Under Section 43A(8) Of the Town and County Planning (SCOTLAND) ACT 1997 (As amended) In Respect of Decisions on Local Developments The Town and Country Planning (Schemes of Delegation and Local Review Procedure) (SCOTLAND) Regulations 2013 The Town and Country Planning (Appeals) (SCOTLAND) Regulations 2013 IMPORTANT: Please read and follow the guidance notes provided when completing this form. Failure to supply all the relevant information could invalidate your notice of review. PLEASE NOTE IT IS FASTER AND SIMPLER TO SUBMIT PLANNING APPLICATIONS ELECTRONICALLY VIA https://www.eplanning.scot 1. Applicant’s Details 2. Agent’s Details (if any) Title Ref No. Forename Forename Surname Surname Company Name Company Name Building No./Name Building No./Name Address Line 1 Address Line 1 Address Line 2 Address Line 2 Town/City Town/City Postcode Postcode Telephone Telephone Mobile Mobile Fax Fax Email Email 3. Application Details Planning authority Planning authority’s application reference number Site address Description of proposed development Print FormPrint Form GREIG MUNRO COAST2COAST THE SAIL LOFT 156 FINDHORN FORRES IV36 3YL 07515 338 491 g@coast2coastarchitects.co.uk MORAY COUNCIL 24/01056/APP TOMNAMOON ALTYRE FORRES PASSIVE HOUSE Page 119
Page 120
2 Date of application Date of decision (if any) Note. This notice must be served on the planning authority within three months of the date of decision notice or from the date of expiry of the period allowed for determining the application. 4. Nature of Application Application for planning permission (including householder application) Application for planning permission in principle Further application (including development that has not yet commenced and where a time limit has been imposed; renewal of planning permission and/or modification, variation or removal of a planning condition) Application for approval of matters specified in conditions 5. Reasons for seeking review Refusal of application by appointed officer Failure by appointed officer to determine the application within the period allowed for determination of the application Conditions imposed on consent by appointed officer 6. Review procedure The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case. Please indicate what procedure (or combination of procedures) you think is most appropriate for the handling of your review. You may tick more than one box if you wish the review to be conducted by a combination of procedures. Further written submissions One or more hearing sessions Site inspection Assessment of review documents only, with no further procedure If you have marked either of the first 2 options, please explain here which of the matters (as set out in your statement below) you believe ought to be subject of that procedure, and why you consider further submissions or a hearing necessary. 7. Site inspection In the event that the Local Review Body decides to inspect the review site, in your opinion: Can the site be viewed entirely from public land? Is it possible for the site to be accessed safely, and without barriers to entry? 4 JULY 2024 31 MARCH 2025 Page 120
Page 121
3 If there are reasons why you think the Local Review Body would be unable to undertake an unaccompanied site inspection, please explain here: 8. Statement You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. Note: you may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review. If the Local Review Body issues a notice requesting further information from any other person or body, you will have a period of 14 days in which to comment on any additional matter which has been raised by that person or body. State here the reasons for your notice of review and all matters you wish to raise. If necessary, this can be continued or provided in full in a separate document. You may also submit additional documentation with this form. Have you raised any matters which were not before the appointed officer at the time your application was determined? Yes No If yes, please explain below a) why your are raising new material b) why it was not raised with the appointed officer before your application was determined and c) why you believe it should now be considered with your review. Statement in Support of Review We are seeking a review of the decision to refuse planning application 24/01056/APP for a proposed Passive House at Tomnamoon, Moray. The refusal cites concerns regarding height, bulk, visual impact, and integration with the rural landscape. However, we believe the decision does not fully reflect either the physical context of the site or the policy direction set by the Moray Local Development Plan 2020 (MLDP) and National Planning Framework 4 (NPF4). This review is being sought on the following grounds: Precedent and Consistency of Decision-Making The proposed dwelling is a logical design evolution of a house already granted Planning Permission in Principle on this site in 2022 (Ref: 21/01873/PPP), which included indicative drawings. It also builds on the design language and sustainability ethos of the nearby Darklass development — which Moray Council itself cited as an exemplar in the adopted Local Development Plan (p.45). Page 121
Page 122
4 9. List of Documents and Evidence Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review Note. The planning authority will make a copy of the notice of review, the review documents and any notice of the procedure of the review available for inspection at an office of the planning authority until such time as the review is determined. It may also be available on the planning authority website. 10. Checklist Please mark the appropriate boxes to confirm that you have provided all supporting documents and evidence relevant to your review: Full completion of all parts of this form Statement of your reasons for requesting a review All documents, materials and evidence which you intend to rely on (e.g. plans and drawings or other documents) which are now the subject of this review. Note. Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice from that earlier consent. DECLARATION I, the applicant/agent hereby serve notice on the planning authority to review the application as set out on this form and in the supporting documents. I hereby confirm that the information given in this form is true and accurate to the best of my knowledge. Signature: Name: Date: Any personal data that you have been asked to provide on this form will be held and processed in accordance with the requirements of the 1998 Data Protection Act. ALL SUPPORTING DOCUMENTS, MATERIALS AND EVIDENCE CONTAINED WITHIN A SEPARATE PDF ✔ ✔ ✔ A. G. MUNRO 14 APRIL 2025 Page 122
Page 123
TomnamoonPassive HouseApplication NOTICE OF REVIEW Life Construction (Scotland) Ltd. A successful example of private housing development which has demonstrated the value of good contemporary design. ADDRESSING THE REASONS FOR REFUSAL Planning Application Ref: 24/01056/APP Applicant: Site: Tomnamoon, Moray ZERO BILLSFOR 10 YEARSGUARANTEED Page 123
Page 124
ADDRESSING THE REASONS FOR REFUSAL TomnamoonPassive HouseApplication Executive Summary This Notice of Review Statement is submitted in response to the refusal of the Tomnamoon Passive House application (24/01056/APP). The Reasons for Refusal cite issues with bulk, height, design character and integration with the rural setting. However, we demonstrate that the proposal: n Aligns fully with the overarching intent of National Planning Framework 4 (NPF4) to support sustainable and contemporary rural housing; n Adapts previously approved principles and plans previously granted planning permission (21/01873/PPP) for the same site n Evolves a local, award-winning precedent (Darklass houses), granted planning permission by Moray Council and included as an exemplar in the Moray LDP 2020 (pg 45) n Reflects the highest sustainability standards through Passive House design; n Delivers significant net biodiversity gains ecological enhancements in alignment with NPF4 Policy 3 (Biodiversity) n Poses no material or visual harm to the character or amenity of the surrounding area particularly when considered in the context of the existing wind turbines which already dominate the visual landscape. We respectfully submit this appeal to the Local Review Body to overturn the refusal and allow this innovative, policy-compliant rural home to proceed. Page 124
Page 125
ADDRESSING THE REASONS FOR REFUSAL TomnamoonPassive HouseApplication 1. Planning Permission in Principle (PPP) – What Was Approved Planning Permission in Principle (Ref: 21/01873/PPP) was granted in April 2022. While PPP typically does not determine final layout, appearance, or materials, this approval unusually included a suite of stamped and published documents on the Council portal, including: n Site and location plans n Illustrative elevations and floor plans n Drainage and site investigation reports n North and south visibility splays These documents clearly depicted a contemporary home using black cladding and minimalist architectural language—similar in intent and massing to the current proposal. The site is located on the Altyre Estate, south of Forres. This Estate is advancing the Dallas Dhu development, a key project at the edge of Forres, in collaboration with Moray Council and Grampian Housing Association, as part of the Moray Growth Deal. This development is focused on delivering a pioneering approach to rural edge design, low-carbon construction, and sustainability, with a mix of 120 affordable and private homes. The Tomnamoon Passive House serves as a testing ground for Passive House principles, specifically for their application in the upcoming Dallas Dhu development, positioning it as an innovation in rural sustainable design. Page 125
Page 126
ADDRESSING THE REASONS FOR REFUSAL TomnamoonPassive HouseApplication 2. Height & Bulk – Passive House Requires a New Standard (Appendix A) The first reason for refusal “The contemporarily designed dwelling house fails to respond to its rural setting by virtue of its height (in excess of 9m), its bulk, and flat roof wrap around with roof deck feature.” However, a number of important factors need to be considered: n Precedent: The Darklass House—also a contemporary rural home—was approved at 8.2m height and sits in a similarly open rural location. It was cited by Moray Council in the 2020 Local Development Plan (p.45) as an exemplar: “Designs are a modern interpretation of farm buildings using contemporary materials.” Appendix A n Practicality of Passive House Design: The additional height is not excessive but necessary to achieve the airtightness, thermal envelope, and insulation depth required for certified Passive House performance. A 6.75m “room-in-roof” approach is incompatible with this level of energy efficiency. n Flat Roof Wrap Around: The roof is not flat in the traditional sense; There is no expansive “roof deck feature.” The roof (at first floor level) in question is a sedum roof—90% planted with vegetation—providing visual softening, biodiversity gain, and ecological function. A small, modest walk-out section from an upstairs bedroom exists for access to views. It is not an architectural “feature” but a discreet and integrated part of the design. n The 10 wind turbines shown in the photographic evidence within Appendix A questions the premise of “responding to a rural setting by virtue of height or bulk”. The proposed house not only sits well below the wind turbines but also the natural visible treeline directly at its rear. Appendix A shows the actual house in-situ with its 9m ridge line, next to a measured tree (12m) directly behind the house and beyond taller 15-20m pine trees and 120m wind turbines. Page 126
Page 127
ADDRESSING THE REASONS FOR REFUSAL TomnamoonPassive HouseApplication 3. Landscape Integration & Context The second reason for refusal states the proposal is “out of keeping with the surrounding area given its scale, density and character is not appropriate for its setting and would fail to integrate into the surrounding landscape.” In reality: n Setting: The house is set within approximately 3400sqm which sits within a larger area of land extending to 4 acres which is partially surrounded by pine forest to the rear and side, ensuring it sits comfortably in its environment. The house is a considerable distance from public roads and does not interrupt or dominate any visual corridor or settlement pattern reference Appendix A. n The 10 wind turbines shown in the photographic evidence within Appendix A questions the premise of “out of keeping with the surrounding area and character is not appropriate for its setting and would fail to integrate into the surrounding landscape”. The proposed house not only sits well below the wind turbines but also the natural visible tree-line directly at its rear. n Scale: The overall footprint and scale are similar to numerous farmhouses and rural homes approved locally and across Moray. The area is typified by architectural variety, not uniformity. Reference Appendix B for an example of 2 homes approximately 512m2 in size/bulk which are both highly visible from the A940 (2 miles from Forres) n Materiality: The black timber cladding and living roof are low-contrast, natural finishes that enable the home to blend into the landscape through all seasons. n NPF4 Policy 3 (Biodiversity): The design directly responds to NPF4 Policy 3 by introducing a living roof system and habitat enhancement,, which is now a material consideration under Moray Council’s own recently issued guidance (March 2025). Page 127
Page 128
ADDRESSING THE REASONS FOR REFUSAL TomnamoonPassive HouseApplication 4. Design & Visual Impact The third reason for refusal states that the proposal “would adversely affect the site and the surrounding area due to its dominant impact detrimentally altering the character of the area”. However, a number of design and layout considerations will ensure the house is well integrated into the site and surroundings: n Site Context: The topography and woodland boundaries naturally mitigate visibility, fully screening the site to the north, south and west. There are no visual receptors that would be adversely affected. The house will only be partially visible from a short stretch of the road some distance to the east, with the lower wall areas not seen from any surrounding point. Appendix A n Proportions and Profile: The home presents a balanced and well-composed form. Its height is functional, not gratuitous. There is no visual clutter or excessive articulation. n Material Blending: The muted black cladding and green roof reduce the building’s visual prominence. These materials are carefully chosen to recess into the natural setting, providing a more sensitive alternative to high-contrast roofing. The standing seam roof has been carefully considered using a non fossil fuel coloured steel Swedish sustainable product. n Design Integrity: The architecture is restrained and rooted in environmental performance. It is not decorative or overstated, but rather harmonised with its purpose and place. n Appendix A shows the 10 wind turbines which again questions the premise that the proposal “would adversely affect the site and the surrounding area due to its dominant impact detrimentally altering the character of the area” n A site inspection will hopefully verify these points. Page 128
Page 129
ADDRESSING THE REASONS FOR REFUSAL TomnamoonPassive HouseApplication 5. Policy Interpretation & Precedent Moray Council’s Reason for Refusal states “The development is contrary to Moray Local Development Plan 2020 Policies DP4 Rural Housing and DP1 Development Principles and to National Planning Framework Policies 14 Design, quality and Place and 17 Rural Homes”, however there are precedents most notably; n Darklass Precedent: Moray Council explicitly endorsed the 8.2m-high Darklass House in its own Local Development Plan (2020, p.45), describing it as: “Designs are a modern interpretation of farm buildings using contemporary materials.” That house was: l Developed by the same applicant. l Built in a similar open rural context. l Finished in black timber cladding. l A contemporary design. The Tomnamoon proposal follows this very approach, using sustainable colour-coated steel roofing and black timber cladding in direct lineage with Darklass. n National Recognition: The Darklass Development (in Dyke) was not only locally commended but also nationally recognised: l Highlands & Islands Architects Awards: The Darklass Development was commended as “a successful example of private housing development which has demonstrated the value of good contemporary design.” l British Homes Awards 2024: The Darklass Development was shortlisted for its category—the only Scottish development to be featured—underscoring its design excellence. n Design Evolution: The Tomnamoon proposal builds upon this legacy, evolving toward Passive House standards. These considerations illustrate that the applicant has made significant efforts to achieve a very high standard of house design that has previously been recognised as exemplary by Moray Council. Page 129
Page 130
ADDRESSING THE REASONS FOR REFUSAL TomnamoonPassive HouseApplication 6. National Planning Framework 4 (NPF4) – National Policy Must Guide Local Decisions NPF4 sets a new standard that explicitly encourages innovation, sustainability, and design quality. It sets out: “A shift towards net zero and nature-positive places… supporting development that responds to our climate obligations.” Key relevant policies include: Policy 14 (Design, Quality and Place): Encourages innovation and sustainability in rural design. Policy 17 (Rural Homes): Supports new homes that enhance rural areas, particularly where they address sustainability. Tomnamoon is a model for this vision: n A certified Passive House that radically reduces energy use. n Biodiversity-positive, low-impact, and future-proofed. n Endorsed by Saint-Gobain, a global leader in sustainable building technologies. n Part of the architectural ethos being applied to the Dallas Dhu sustainable community supported by and in Partnership with Moray Council. The Tomnamoon Passive House provides an exemplar that delivers excellence in sustainable design, meeting the aspirations of NPF4. Page 130
Page 131
ADDRESSING THE REASONS FOR REFUSAL TomnamoonPassive HouseApplication 7. Passive House – What It Is and Why It Matters Passivhaus (Passive House) is the world’s leading standard for energy-efficient construction. A Passive House: n Maintains a constant internal temperature (20°C) year-round with minimal heating. n Uses ultra-high-performance insulation, triple glazing, and airtight construction. n Requires up to 79% less energy for heating compared to standard new builds. They are a cornerstone of net zero strategy and recommended by the Scottish Government for future rural housing. n Offers unparalleled comfort, indoor air quality, and health benefits using Mechanical Ventilation with Heat Recovery (MVHR) Tomnamoon is designed to meet full certification standards. Page 131
Page 132
ADDRESSING THE REASONS FOR REFUSAL TomnamoonPassive HouseApplication 8. Conclusion This Statement has highlighted the applicant’s commitment to high quality design, excellence in sustainable construction and ensuring that the proposed development sits neatly in the surrounding landscape. The refusal of this application fails to account for key material considerations, including: n The previously approved design and character on the same site. n Adaptation of a clear design precedent set by the Darklass Development, recognised by Moray Council as an exemplar. n Compatibility with national and local policies encouraging sustainable design and biodiversity net gain. n The need for rural housing to contribute to climate goals. n NO BILLS FOR 10 YEARS - APPROVED BY THE ENERGY SUPPLIER which we hope to extend into Dallas Dhu both Affordable and Private housing. This proposal is not an architectural indulgence. It is a responsible, contemporary home that demonstrates best practice in design, sustainability, and rural integration. The planning process requires the individual merits of any planning application to be weighed against wider policy. In this case, there are numerous factors specific to the proposed house and site that merit a grant of planning permission. This would not set a precedent for proposals elsewhere. We respectfully ask the Local Review Body to support the Tomnamoon Passive House and allow Moray to lead by example. Page 132
Page 133
ADDRESSING THE REASONS FOR REFUSAL TomnamoonPassive HouseApplication Appendix A - Darklass Development A successful example of private housing development which has demonstrated the value of good contemporary design. 8.2m Page 133
Page 134
ADDRESSING THE REASONS FOR REFUSAL TomnamoonPassive HouseApplication Appendix A (cont.) Visual from site to nearest road Visual from road to site location - 10 wind turbines in prominent view NEAREST ‘B’ ROAD SITE LOCATION Page 134
Page 135
ADDRESSING THE REASONS FOR REFUSAL TomnamoonPassive HouseApplication Appendix A (cont.) Clarification on Height and Visual Impact Including photos as supporting evidence Visual Impact of Height Difference at 600m: Regarding the 2.25m height difference (from the approved 6.75m room-in-roof design to the proposed 9m height), the visual impact diminishes with distance due to the Principle of Visual Perspective. This principle states that the further an observer is from an object, the less noticeable differences in height become. Key Considerations: At a distance of 600 meters, the 2.25m height difference becomes nearly imperceptible. This can be calculated as an angular difference of only 0.21 degrees. Visual Perspective: As distance increases, the angular difference (the angle between the observer and the top and bottom of the object) decreases, making the height difference harder to detect. Calculation: Using the simple formula for angular difference: Angle = arctan(6002.25 )≈0.210 This small angular difference means that at 600m, the height difference of 2.25m becomes virtually imperceptible to the human eye. Conclusion: At 600 meters, the difference in height will have minimal visual impact, especially when considered within the larger landscape, including features like the wind turbines. While the height difference may appear noticeable up close, it is unlikely to affect how the building is perceived from a distance. Therefore, the proposal will not dominate the surrounding environment. This evidence-based calculation removes any subjectivity from the reasons for refusal, providing an objective perspective on the visual impact. Page 135
Page 136
ADDRESSING THE REASONS FOR REFUSAL TomnamoonPassive HouseApplication Appendix A (cont.) The OS map opposite shows the only points visible from the road, these are; 1. Sightline 1(photo attached) a 150m stretch where the site is visible from the road (6 seconds of visibility at 30mph) 2. Sightline 2 (photo attached) a 75m stretch where the site is visible from the road (3 seconds of visibility at 30mph) 3. In Sightline 3 the site cannot be seen at all due to a large hillock. Page 136
Page 137
ADDRESSING THE REASONS FOR REFUSAL TomnamoonPassive HouseApplication Appendix A (cont.) PHOTO 1 SITE PLUS 2 WIND TURBINES (ENHANCED/ZOOMED IMAGE) PHOTO 2 SITE PLUS 4 WIND TURBINES (ENHANCED/ZOOMED IMAGE) Page 137
Page 138
ADDRESSING THE REASONS FOR REFUSAL TomnamoonPassive HouseApplication Appendix A (cont.) PHOTO 3 PANORAMA (ACTUAL IMAGE AT 600M) PHOTO 4 SITE NOT VISIBLE Page 138
Page 139
ADDRESSING THE REASONS FOR REFUSAL TomnamoonPassive HouseApplication Appendix A (cont.) PHOTO 5 SITE AND FARM VISIBLE PHOTO 6 SITE DISAPPEARS AND FARM VISIBLE Page 139
Page 140
ADDRESSING THE REASONS FOR REFUSAL TomnamoonPassive HouseApplication Appendix A (cont.) SUPERIMPOSED PROPOSED HOUSE ON SITE TO SCALE Page 140
Page 141
ADDRESSING THE REASONS FOR REFUSAL TomnamoonPassive HouseApplication Appendix B - Example of previously approved planning permission Thistle House, Forres, IV36 2SG and Sentosa both approximately 512M2 HOUSES BUILT ON 2.5 ACRE SITE VISIBLE FROM A940. Each house is approximately twice the size of proposed Tomnamoon Passive house. Page 141
Page 142
ADDRESSING THE REASONS FOR REFUSAL TomnamoonPassive HouseApplication Appendix B (cont.) Thistle House, Forres, IV36 2SG and Sentosa both approximately 512M2 HOUSES BUILT ON 2.5 ACRE SITE VISIBLE FROM A940. Each house is approximately twice the size of proposed Tomnamoon Passive house. Page 142
Page 143
ADDRESSING THE REASONS FOR REFUSAL TomnamoonPassive HouseApplication Appendix B (cont.) Thistle House, Forres, IV36 2SG and Sentosa both approximately 512M2 HOUSES BUILT ON 2.5 ACRE SITE VISIBLE FROM A940. Each house is approximately twice the size of proposed Tomnamoon Passive house. Page 143
Page 144
ADDRESSING THE REASONS FOR REFUSAL TomnamoonPassive HouseApplication Appendix C - Comparative Analysis: Approved 2022 House vs. Refused Tomnamoon Passive House APPROVED APPROVED Page 144
Page 145
ADDRESSING THE REASONS FOR REFUSAL TomnamoonPassive HouseApplication Appendix C (cont.) Comparative Analysis: Approved 2022 House vs. Refused Tomnamoon Passive House 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Drawing No: Arch_24_B_05 Date: 24th May 2024 Client: Dhyan Perera - Life Construction (Scotland) Ltd Drawing Title: Front (East) Elevation - Section AA Project Name: New House at Tomnamoon, Altyre, Moray 1:50 Layout Information - External Envelope Scale: 1:50 Drawn Scale in Meters GENERAL NOTES: Do not scale any drawing: for clarification on dimensions seek confirmation from the supervising Architect.These drawings to be read in conjunction with the Architects Project Specification Document along with the Engineers Drawings& Specification prepared by David Narro Associates, Project Engineers. Where variation between Architects Drawings andgeneral Engineers drawings, then always seek clarification from Architects. www.Coast2CoastArchitects.co.uk Address: The Sail Loft, 156 Findhorn, Forres, Moray IV36 3YL Telephone 01309 692 240 17.05.24 Rev. "A" 1:50 Layout Issue for Budget Costings 24.05.24 Rev. "B" Amended First Floor Deck Location 40 0 Roof Pitch Concealed Gutter& RWP Detail Render on Insulation Sheet Metal Flashing Brick Sub-structure Base Course 2 , 8 7 5 2 , 8 7 5 2 , 8 7 5 2 , 4 0 0 3 . 7 8 5 VCL+AB at Ceiling Level Sedam Roof finish, on Sarnafil Roofing Membrane E B&WEast Elevation1:50 E ColourEast Living Room Elevation1:50 S-ABuilding Section1:50 EXTERNAL MATERIALS: ROOF MAIN ROOF: STANDING SEAM SHEET METAL, "ANTHRA" CAR PORT ROOF: FLAT ROOF, SEEDAM PLANTING WALL MAIN WALLS: VERTICAL TIMBER CLADDING, KUROWOOD BARRED "BLACK" INFIL WALL DETAILS: HORIZONAL CEDAR CLADDING "NATURAL" WINDOWS TRIPLE-GLAZED TIMBER, ALU-CLAD "BLACK" DOORS FRONT DOOR: TIMBER, "BLACK" SLIDING & BALCONY DOORS: TRIPLE-GLAZED TIMBER, ALU-CLAD "BLACK" 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Drawing No: Arch_24_B_06 Date: 24th May 2024 Client: Dhyan Perera - Life Construction (Scotland) Ltd Drawing Title: Rear (North) Elevations - Section CC Project Name: New House at Tomnamoon, Altyre, Moray 1:50 Layout Information - External Envelope Scale: 1:50 Drawn Scale in Meters GENERAL NOTES: Do not scale any drawing: for clarification on dimensions seek confirmation from the supervising Architect.These drawings to be read in conjunction with the Architects Project Specification Document along with the Engineers Drawings& Specification prepared by David Narro Associates, Project Engineers. Where variation between Architects Drawings andgeneral Engineers drawings, then always seek clarification from Architects. www.Coast2CoastArchitects.co.uk Address: The Sail Loft, 156 Findhorn, Forres, Moray IV36 3YL Telephone 01309 692 240 17.05.24 Rev. "A" 1:50 Layout Issue for Budget Costings 24.05.24 Rev. "B" Amended First Floor Deck Location Render on Insulation Sheet Metal Cope Concealed Gutter& RWP Detail Sheet Metal Flashing NWNorth Elevation1:50 NWNorth West B&W Elevation1:50 S-CBuilding Section1:50 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Drawing No: Arch_24_B_07 Date: 24th May 2024 Client: Dhyan Perera - Life Construction (Scotland) Ltd Drawing Title: West Elevation - Section BB Project Name: New House at Tomnamoon, Altyre, Moray 1:50 Layout Information - External Envelope Scale: 1:50 Drawn Scale in Meters GENERAL NOTES: Do not scale any drawing: for clarification on dimensions seek confirmation from the supervising Architect.These drawings to be read in conjunction with the Architects Project Specification Document along with the Engineers Drawings& Specification prepared by David Narro Associates, Project Engineers. Where variation between Architects Drawings andgeneral Engineers drawings, then always seek clarification from Architects. www.Coast2CoastArchitects.co.uk Address: The Sail Loft, 156 Findhorn, Forres, Moray IV36 3YL Telephone 01309 692 240 17.05.24 Rev. "A" 1:50 Layout Issue for Budget Costings 24.05.24 Rev. "B" Amended First Floor Deck Location SWWest Elevation1:50 SWSouth West B&W Elevation1:50 S-BBuilding Section1:50 APPROVED REFUSED Page 145
Page 146
ADDRESSING THE REASONS FOR REFUSAL TomnamoonPassive HouseApplication Appendix C (cont.) Comparative Analysis: Approved 2022 House vs. Refused Tomnamoon Passive House Feature 2022 Approved House (21/01873/PPP) Refused Passive House (24/01056/APP – Tomnamoon) Design Style Height Sustainability Credentials Heating & Energy Material Use Roof Air Quality & Health Energy Use Planning Compliance Legacy & Strategic Value National Recognition Contemporary, but traditional in form; gabled roof and relatively conventional layout Estimated ridge height ~6.75m as per design guidance No evidence of sustainable technologies or standards applied. Presence of wood-burning stove implies compromise on airtightness Conventional heating assumed (likely fossil-fuel or stove-based) Standard external finishes, timber cladding Traditional gabled pitched roof Not specified Unknown Met 2020 MLDP height/appearance guidance One-off conventional home None Contemporary and progressive; grounded in sustainable form and function; low-profile integration with landscape Gable height of 9.06m, necessary for Passive House insulation depth and airtightness Certified Passive House design. Exceeds NPF4 goals for net-zero readiness. No fossil fuels. No wood burners. Superior insulation and airtightness Full Air Source Heat Pump system, solar PV with battery storage, Mechanical Ventilation with Heat Recovery (MVHR) High-performance materials including sustainable black timber cladding and colour-coated steel roofing (low-carbon certified) Primary pitched roof with a wrap-around green sedum roof — 90% planted — enhancing biodiversity and landscape blending Continuous filtered air through MVHR; mould-free, allergen-free internal air — superior for occupant health 79% less heating energy required vs. current Scottish Building Regs Exceeds NPF4 standards, particularly Policies 14 (Design), 17 (Rural Homes), and 3 (Biodiversity) Pilot project for Dallas Dhu (120-home sustainable community), supported by global sustainability leader Saint-Gobain Sister development (Darklass) shortlisted for British Homes Awards Commended by Highlands and Islanda Architects Awards & praised by Moray Council in LDP 2020 Page 146
Page 147
ADDRESSING THE REASONS FOR REFUSAL TomnamoonPassive HouseApplication Appendix C (cont.) Comparative Analysis: Approved 2022 House vs. Refused Tomnamoon Passive House Summary of Comparison The 2022 house, while acceptable under the planning policies of the time, represents a static, traditional approach to rural housing. It makes no identifiable contribution to Scotland’s climate or sustainability targets, and even includes elements (e.g., a wood-burning stove) that are now discouraged or incompatible with modern building standards. In contrast, the Tomnamoon Passive House offers a future-proofed, climate-conscious design that aligns precisely with NPF4’s emphasis on energy efficiency, biodiversity, and architectural innovation. It is a benchmark project — not only for Moray, but for rural housing delivery across Scotland. Page 147
Page 148
Page 148
Page 149
APPENDIX 3 FURTHER REPRESENTATIONS FROM INTERESTED PARTIES Page 149
Page 150
Page 150
Page 151
1 Lindsey Robinson From: Sent: 02 May 2025 23:05 To: Committee Services Subject: Notice of Review: Planning Application 24/01506/APP Follow Up Flag: Follow up Flag Status: Flagged Good evening Mrs Robinson, I write to you as agreed with regard to the Notice of Review pertaining to the above application at Tomnamoon. Please see below objections we would wish to add as new points for consideration: Traffic and Transport ~ The Infrastructure is not in place to accommodate additional dwelling house/s, with the narrow single tracked road struggling to accommodate current householders' vehicles at peak times. Community Impact ~ The charm of our rural, local setting would be ruined by this modern building, therefore having a detrimental impact on our local community, many of whom enjoy walking in this area. Land Use and Zoning ~ Our concerns relate to the over - development of land and the subsequent overcrowding or excessive density in an area that is not designed to accommodate such growth. We are concerned that a precedent for future development could be set for similar or more intensive developments in the area, altering the character of the neighbourhood. Historical and Cultural Heritage ~ The incompatibility with local character is a concern, as this new development would not align with the architectural style, materials or scale of the surrounding historic buildings which detract from the area's cultural identity and historical context. As you are aware, we have already submitted substantial concerns at the Consultation stage and note that the Planning application was refused, particularly due to not being in keeping with the very rural surroundings. Thank you for your consideration of our points. Kind Regards, Page 151
Page 152
Page 152
Page 153
APPENDIX 4 APPLICANT’S RESPONSE TO FURTHER REPRESENTATIONS Page 153
Page 154
Page 154
Page 155
1 Lindsey Robinson From: Greig Munro <g@coast2coastarchitects.co.uk> Sent: 08 May 2025 17:22 To: Lindsey Robinson Subject: Re: Planning Application - 24/01056/APP - Response Warning. This email contains web links and originates from outside of the Moray Council network. You should only click on these links if you are certain that the email is genuine and the content is safe. Subject: Response to Additional Objections Submitted Regarding Planning Application 24/01056/APP Dear Mrs. Robinson, We are writing in response to the additional objections submitted regarding the Tomnamoon Passive House application (24/01056/APP). We would like to briefly address the points raised. 1. Traffic and Transport: As noted by the Roads Authority, there are no objections regarding the traffic impact. The concerns about the single-track road are therefore not an issue. 2. Community Impact: The proposed house is designed to integrate seamlessly with the surrounding environment, with minimal visual impact, especially considering the existing wind turbines which are the dominant visual feature in the area. The design reflects a sustainable approach that aligns with the rural character of the location. 3. Land Use and Zoning: The site has Planning Permission in Principle (PPP) under ref 21/01873/PPP, which was granted in 2022. This has already addressed all relevant issues, including design, impact on the area, and sustainability. The development fully adheres to the local development framework and planning policies, which were specifically designed to allow for responsible rural growth. 4. Historical and Cultural Heritage: The proposed design respects the local architectural character and has been crafted to blend with the rural setting, as demonstrated by Darklass, a similar project that received council approval and is part of the Moray LDP. Thank you for considering these points as part of the review process. We trust that the Local Review Body will find that the development aligns with both local planning policies and sustainability goals, and we respectfully request approval for the project to proceed. Yours -- Greig Munro Director - Coast2Coast Architects The Sail Loft, 156 Findhorn, Moray IV36 3YL m: 07515 338 491 Page 155
Page 156
2 On 2025-05-06 16:41, Lindsey Robinson wrote: Good afternoon Greig Please find attached a letter notifying you that a further representation has been received in relation to the review of the above planning application. Regards Lindsey Lindsey Robinson Committee Services and Election Support OƯicer | Governance, Strategy and Performance news | website | Facebook | Instagram | YouTube lindsey.robinson@moray.gov.uk | 01343 563164 / 563302 or 07966 120593 Work pattern: hybrid (Mon-Fri, 8am-5pm) Page 156