Agenda Document Pack - Moray Local Review Body - 14/08/2025

Moray Council · 14 August 2025
Back to Moray Local Review Body — 14 August 2025 and its agenda

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Page 1

Moray Local Review Body 
Thursday, 14 August 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,
14 August 2025 at 09:30. 
BUSINESS 
1. Sederunt 
2. Declaration of Group Decisions and Members Interests * 
3. Minute of the meeting held 12 June 2025 5 - 8
4. LR312 - Ward 8 - Forres
Planning Application 25/00361/APP – Erection of new house at Wagtail
Lodge, Whiteinch Small Holdings, Forres  
9 - 144 
Summary of Local Review Body functions:
To conduct reviews in respect of refusal of planning permission or
unacceptable conditions as determined by the delegated officer, in terms
of the Scheme of Delegation to Officers under Section 43(A)(i) of the Town
& Country Planning (Scotland) Act 1997 and the Town & Country Planning
(Scheme of Delegation and Local Review Procedure)(Scotland)
Regulations 2013, or where the Delegated Officer has not determined the
application within 3 months of registration.     
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Watching the Meeting
You can watch the webcast live by going to: 
http://www.moray.gov.uk/moray_standard/page_43661.html    
Webcasts are available to view for 1 year following the meeting.  
You can also attend the meeting in person.  If you wish to attend
in person, please come to the High Street entrance door and a
member of staff will let you into the Chamber. 
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GUIDANCE NOTES 
* Declaration of Group Decisions and Members Interests - The Chair of the
meeting shall seek declarations from any individual or political group at the
beginning of a meeting whether any prior decision has been reached on how the
individual or members of the group will vote on any item(s) of business on the
Agenda, and if so on which item(s).  A prior decision shall be one that the
individual or the group deems to be mandatory on the individual or the group
members such that the individual or the group members will be subject to
sanctions should they not vote in accordance with the prior decision.  Any such
prior decisions will be recorded in the Minute of the meeting. 
** Written Questions - Any Member can put one written question about any relevant
and competent business within the specified remits not already on the agenda, to
the Chair provided it is received by the Proper Officer or Committee Services by 12
noon two working days prior to the day of the meeting.  A copy of any written
answer provided by the Chair will be published on the Council’s committee
management system by 4pm the day before the meeting.  The Member who has
put the question may, after the answer has been published, ask one
supplementary question directly related to the subject matter at the meeting, but
no discussion will be allowed. 
No supplementary question can be put or answered more than 10 minutes after
the Council has started on the relevant item of business, except with the consent
of the Chair. If a Member does not have the opportunity to put a supplementary
question because no time remains, then he or she can submit it in writing to the
Proper Officer who will arrange for a written answer to be provided within 7
working days. 
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MORAY COUNCIL 
Moray Local Review Body 
SEDERUNT 
Councillor Marc Macrae  (Chair)
Councillor Amber Dunbar  (Depute Chair)  
Councillor Neil Cameron  (Member)
Councillor Juli Harris  (Member)
Councillor Paul McBain  (Member)
Councillor Draeyk van der Horn  (Member)
Councillor Sonya Warren  (Member)
Councillor Ben Williams  (Member)  
Clerk Name: Lissa Rowan
Clerk Telephone: 07765 741754
Clerk Email: committee.services@moray.gov.uk 
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MORAY COUNCIL
Minute of Meeting of the Moray Local Review Body
Thursday, 12 June 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
Sonya Warren, Councillor Ben Williams
IN ATTENDANCE
Andrew Miller, Acting Principal Planning Officer; Fiona Olsen, Acting Senior Planning
Officer; Sean Hoath, Senior Solicitor; and Lindsey Robinson, 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 March 2025
The Minute of the meeting dated 16 January 2024 was submitted and approved.
4.         LR311 - Ward 8 - Forres
Planning Application 24/01056/APP – Erect dwellinghouse on site at Tomnamoon,
Altyre, Forres.
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 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:
i. 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.
Item 3.
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ii. 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.
iii. The proposal would adversely affect the site and the surrounding area due
to its dominant impact detrimentally altering the character of the area.
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. There were further representations received
from interested parties and these and the applicant response were also included in the
report.
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 and the Legal Adviser both
advised that they had nothing to raise at this time.
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 Van der Horn, having visited the site and considered the application 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 24/01056/APP as the
proposal does not comply with MLDP 2020 Policies DP4 (Rural Housing) and DP1
(Development Principles) and NPF4 policies 14 (Design, Quality and Place) and 17
(Rural Homes), specifically due to the height of the property being over 6.75m. This
was seconded by Councillor Harris.
Councillor Dunbar, having visited the site and considered the application in detail,
moved an amendment that the MLRB uphold the appeal and grant planning permission
in respect of Planning Application 24/01056/APP as she was of the opinion that the
proposal complies with MLDP 2020 policy DP1 (Development Principles) as the
drawing showing the building to scale in the landscape shows that it is not excessive in
size, NPF4 policy 14( Design, Quality and Place) as it is an innovative design and reuses
a brown field site, and NPF4 policy 17 (Rural Homes) as it would be supporting the
Local Housing Strategy as priority 1 is to improve access to housing across all tenures.
She was further of the opinion that it was an acceptable departure from MLDP 2020
policy DP4 (Rural Housing) as 9.1m in height is not excessive when you visit the site
and see the location. This was seconded by Councillor McBain who added that the
Planning Permission in Principle (PPP) (21/01873/PPP) shows a building of 9.1m in
height.
The Planning Adviser responded by advising there were conditions on the PPP that the
house had to be within the design guidelines which is a height not exceeding 6.75m.
On a division there voted:
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For the Motion (5) Councillors Van der Horn, Harris, Cameron, Macrae and
Warren
For the Amendment (3) Councillors Dunbar, McBain and Williams
Abstention (0) Nil
Accordingly, the motion became the finding of the meeting and the MLRB agreed to
refuse the appeal and uphold the original decision of the Appointed Officer to refuse
planning permission in respect of Planning Application 24/01056/APP as the proposal
does not comply with MLDP 2020 Policies DP4 (Rural Housing) and DP1 (Development
Principles) and NPF4 policies 14 (Design, Quality and Place) and 17 (Rural Homes).
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MORAY LOCAL REVIEW BODY 
14 AUGUST 2025 
SUMMARY OF INFORMATION FOR CASE No LR312 
Ward 8 - Forres 
Planning Application 25/00361/APP – Erection of new house at Wagtail Lodge,
Whiteinch Small Holdings, Forres 
Planning permission was refused under the Statutory Scheme of Delegation by the
Appointed Officer on 15 May 2025 on the grounds that/subject to the following
conditions: 
The development is contrary to National Planning Framework (NPF) Policies 13
(Sustainable Transport) and 17 (Rural Homes) and the Moray Local Development
Plan 2020 (MLDP) Policies DP1 (Development Principles) and DP4 (Rural Housing)
for the following reasons: - 
The development would result in an intensification of use of the access junction onto
the public road (U62E Sea Park Road), where there is presently restricted visibility
and which would be likely to give rise to conditions detrimental to the road safety of
road users contrary to NPF Policy 13 (b. vi) and MLDP DP1 (ii a and c). 
The proposed introduction of a further house in this location alongside existing
housing is considered to constitute an unacceptable cumulative build-up of housing
which will negatively impact the landscape character of this area of open countryside
contrary to the siting requirements of policies NPF 17 and MLDP DP4. 
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.
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Ailsa
Stables
Craig
Whiteinch
Fairfield
Drain
Ailsa Craig
Copperfield
MP 2.0
Sherwood
Ewe House
11
12
1
14
13
Drain
Planning Application Reference Number:
25/00361/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
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APPENDIX 1 
DOCUMENTS CONSIDERED
OR PREPARED BY THE
APPOINTED OFFICER
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Page 1 of 7
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 100706498-001
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.
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
Erection of New House
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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: *
CM Design
Other
Mr & Mrs
Craig
G
Mackay
Forbes
South Guildry Street
Whiteinch Small Holdings
69
St Brendans
Wagtail Lodge
01343540020
IV30 1QN
IV36 3TS
United Kingdom
Scotland
Elgin
Kinloss
office@cmdesign.biz
office@cmdesign.biz
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Page 3 of 7
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.
WAGTAIL LODGE
4286.00
Site with existing holiday accommodation
Moray Council
WHITEINCH SMALL HOLDINGS
FORRES
IV36 3TS
860823 305542
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Page 4 of 7
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.
Waste Storage and Collection
Do the plans incorporate areas to store and aid the collection of waste (including recycling)? *  Yes   No
2
5
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If Yes or No, please provide further details: * (Max 500 characters)
Residential Units Including Conversion
Does your proposal include new or additional houses and/or flats? *  Yes  No
How many units do you propose in total? *
Please provide full details of the number and types of units on the plans. Additional information may be provided in a supporting
statement.
All Types of Non Housing Development – Proposed New Floorspace
Does your proposal alter or create non-residential floorspace? *  Yes  No
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
Certificate Required
The following Land Ownership Certificate is required to complete this section of the proposal:
Certificate A
Please refer to site plan
1
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Land Ownership Certificate
Certificate and Notice under Regulation 15 of the Town and Country Planning (Development Management Procedure) (Scotland)
Regulations 2013
Certificate A
I hereby certify that –
(1) - No person other than myself/the applicant was an owner (Any person who, in respect of any part of the land, is the owner or is the
lessee under a lease thereof of which not less than 7 years remain unexpired.) 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.
(2) - None of the land to which the application relates constitutes or forms part of an agricultural holding
Signed: Craig Mackay
On behalf of: Mr & Mrs G  Forbes
Date: 27/03/2025
 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
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
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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)
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 Craig Mackay
Declaration Date: 27/03/2025
Payment Details
Online payment: 078060
Payment date: 27/03/2025 15:56:44
Created: 27/03/2025 15:56
Drainage Assessment
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Oikos Architectural Ltd Registered in Scotland No. 272963
M
r. Forbes
M
.D
08.11.23
2134x915mm
Mod 10 external
door set
M
od
10 external
door set
Mod 10 external
door set
MDB
EV
glass screen
W
alk-in shower
Proposed
Ground
Floor Plan
Scale: 1:50
Bench
Boot Room Storage
Vestibule
Ground
gently graded
to
level landing
platt
Plant Room
Utility
Kitchen
Living
Room
Hall
Bathroom
Up
Approx. 103m
2
Concealed
double-door
entrance
1800
11535
5370
37951460
1800
3285
Stove
Existing Holiday Home
Existing Holiday Home
Therm
ally Divided
Glazed
Link
ASHP
A:A
A:A
Sliding Door
2083x864mm
Proposed
First Floor Plan
Scale: 1:50
Approx. 62m
2
Rooflight Balcony
Rooflight Balcony
Ensuite
Bedroom
2.
Bedroom
1.
Ensuite
W
ardrobe
W
ardrobe
Flue
Down
Hall
Rooflight
Rooflight
1600
3468
3229
3468
4874
2747
Store
4420
1625
3440
2m
Head
Height
Coom
b
Therm
ally Divided
Glazed
Link
Existing Holiday Home
Existing Holiday Home
A:A
French Doors with Juliet Balcony
A:A
Rooflight
Rooflight
Proposed
W
est Elevation
Scale: 1:100
Proposed
House
Proposed
Link
Existing
Holiday Hom
e
Ridge
Height 6306
Solar Array
Proposed
East Elevation
Scale: 1:100
Proposed
House
Proposed
LinkExisting
Holiday Hom
e
Ridge
Height 6306
Proposed
South Elevation
Scale: 1:100
Ridge
Height 6306
Proposed
North Elevation
Scale: 1:100
Glazed
Link om
ited
for clarity
Ridge
Height 6306
1.
AluClad, graphite, double
glazed
windows and
doors.
2.
Steel Roof
3.  Therom
pine
Cladding
W
alls
4.  Graphite
Fascias and
bargeboards
*
All rainwater goods to
be
Lindab
Stainless
steel.
Location Plan
NTS
Rooflight Balcony Exam
ple
Concealed
Door Exam
ple
Glazed
Link Exam
ples
Proposed
Section A:A
Scale: 1:100
Lounge
Vestibule
Hall
Hall
St.
27.11.23
Planning
Am
ends
C
22.01.24
Drainage
Am
ends
D
Sherwood
Fairfield
14
860800
860850
305500
Sherwood
Sherwood
Sherwood
Sherwood
Sherwood
Sherwood
Site
Plan
Scale: 1:1000
W
agtail Lodge
Area
Hatched
Blue
denotes
area
under client's control
Area
Hatched
Blue
denotes
area
under client's control
08.08.24
Site
Plan Am
ends
E
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Oikos Architectural Ltd Registered in Scotland No. 272963
Sherwood
Fairfield
14
860800
860850
305500
Sherwood
Sherwood
Sherwood
Sherwood
Sherwood
Sherwood
Site
Plan
Scale: 1:1000
W
agtail Lodge
Area
Hatched
Blue
denotes
area
under client's control
Area
Hatched
Blue
denotes
area
under client's control
Fairfield
305500
Site
Plan
Scale: 1:250
W
agtail Lodge
New
Hardstanding
Existing
Holiday Hom
e
Proposed
House
Existing
Access
Terrace
New
Glazed
Link
New
Access
M
ains Electricity &
Data
Entry to
Vestibule
M
ains W
ater Entry
To
Plant Room
EV
Space
Datum
+10.00
Finished
floor Level 150m
m
above
ground
level +10.15
M
inim
um
3 No. parking
spaces to
be
provided
with sufficient space
for turning. 
1 No. Electic
Vehicle
charging
space
provided
New
planting
in accordance
with
Approved
planning
Application
21/00606/APP
Land
Owned
by Applicant
Land
Owned
by Applicant
Land
Owned
by Applicant
Fairfield
Existing
W
ild
Flower
M
eadow
Existing
Beech
Hedge
approx 2m
high
Existing
W
illow
Hedge
approx 1m
high
Existing
W
illow
Hedge
approx 1m
high
Existing
W
illow
Hedge
approx 1m
high
Existing
Laurel &
Acer Border
Established
M
ature
Spruce
Trees
Established
M
ature
Spruce
Trees
Salix Babylonica
Existing
Quercus Robur
Existing
Fagus Sylvatica
Existing
Betula
Pendula
Existing
Prunus Avium
Existing
Sorbus Aucuparia
Existing
Am
alanchier
Existing
M
alus Sylvestris
Proposed
Orchard
Existing
Am
alanchier
Existing
M
alus Sylvestris
Existing
M
alus Dom
esticaExisting
M
alus Dom
estica
Proposed 5 No. Hawthorn Trees
Proposed 5 No. Betula Pendula
Existing
M
alus Sylvestris
GFL +10.15
Sherw
ood
Fairfield
14
860800
860850
305500
305550
Location Plan
Scale: 1:2500
M
r. Forbes
M
.D
08.11.23
27.11.23
Planning
Am
ends
C
22.01.24
Drainage
Am
ends
D
11.06.24
Landscape
Am
ends
E
Location
NTS
Page 24

Page 25

Oikos Architectural Ltd Registered in Scotland No. 272963
2
Drain
3
3.9m
3
.2
5
0
3.750
3.750
3.750
3.750
3
.7
5
0
3.500
3
.5
0
0
3
.5
0
0
3
.5
0
0
3
.5
0
0
4
.0
0
0
4
.0
0
0
4
.2
5
0
R
oad
S
ign
E
lectricity
P
ole
E
lectricity
P
ole
3.763
3.880
3.863
3.828
3
.4
6
0
3.541
3.591
3.800
3.781
3.737
3
.7
3
3
3
.7
7
9
3
.7
5
8
3
.7
3
4
3
.6
8
8
3
.6
7
7
3
.7
2
6
3
.7
3
2
3
.6
0
4
3
.5
7
2
3
.4
7
5
3
.4
5
7
3
.5
5
9
3
.4
0
8
3
.3
5
1
3
.3
7
9
3.753
3.680
3.730
3.679
3.705
3.727
3.668
3.738
3.767
3.781
3.716
3.705
3.721
3
.3
1
7
3
.3
7
1
3
.3
8
6
3
.4
1
8
3
.4
6
3
3
.5
0
5
3
.5
5
7
3
.6
4
1
3.646
3
.6
3
7
3.676
3.733
3
.7
2
2
3
.7
4
8
3
.7
4
2
3
.7
8
6
3
.8
5
9
3
.8
8
0
3
.8
5
1
3
.8
0
8
3
.7
1
9
3
.6
3
7
3
.4
9
7
Tree line
4
.0
0
0
4
.0
0
0
4
.0
0
0
4
.0
0
0
4
.0
0
0
4
.0
0
0
R
oad
R
oad
S
ign
E
lectricity
E
lectricity
E
lectricity
3.763
3.880
3.705
3.721
3.721
3.721
3.721
3.721
3.721
3.721
3.721
3
.7
2
2
3
.7
2
2
3
.7
4
8
3
.7
4
2
3
.7
4
2
3
.7
4
2
3
.7
4
2
3
.7
4
2
3
.7
4
2
3
.7
8
6
3
.8
5
9
3
.8
8
0
3
.8
8
0
3.727
3.668
3.668
3
.3
8
6
3
.4
1
8
3
.4
6
3
3
.5
0
5
3
.5
0
5
3
.5
5
7
3
.6
4
1
3.646
3
.6
3
7
3.676
3.733
3.733
3.763
3.880
Visibility Splays
Scale: 1:500
ROAD
VISIBILITY SPLAY SET BACK 2400m
m
('X' DISTANCE)
FROM
EDGE OF CARRIAGEW
AY. VISIBILITY SPLAY TO
THE EAST
&
W
EST ('Y' DISTANCE) SET AT 120000m
m
M
EASURED
TO
THE
NEARER EDGE OF THE M
AIN
ROAD
TO
ITS INTERSECTION
W
ITH
THE CENTRE LINE OF THE ACCESS ('X' DISTANCE).
VISIBILITY SPLAY TO
THE EAST &
W
EST TO
BE CLEAR OF ANY
OBSTRUCTION
GREATER THAN
0.6m
IN
HEIGHT M
EASURED
FROM
THE LEVEL OF THE CARRIAGEW
AY.  ANY BOUNDARIES
TO
BE SET BACK OUTW
ITH
THE VISABILITY SPLAYS.
N
AREA
HATCHED
IN
BLUE TO
BE CONSTRUCTED
TO
M
ORAY
COUNCIL SPECIFICATION
AND
SURFACED
IN
BITUM
INOUS
M
ACADAM
ACROSS THE FULL W
IDTH
OF THE ROAD, FOR A
M
INIM
UM
OF 5m
AREA
SHADED
IN
BLUE DENOTES THE AREA
OF
ENCROACHM
ENT REQUIRING
RELOACTION
OF THE
EXISTING
FENCE LINE
61775
56040
1700
1700
To
Site
To
Kinloss
To
Forres
M
r. Forbes
M
.D
08.11.23
27.03.24
GPS info
added
B
3
3.9m
3.750
3.750
3.750
3.500
3.500
4.000
Road Sign
Electricity Pole
Electricity Pole
3.763
3.880
3.734
3.688
3.677
3.726
3.732
3.604
3.572
3.475
3.753
3.680
3.730
3.679
3.705
3.727
3.668
3.738
3.767
3.781
3.716
3.705
3.721
3.463
3.505
3.557
3.641
3.646
3.637
3.676
3.733
3.722
3.748
3.742
3.786
3.859
Tree line
4.000
4.000
4.000
Road Sign
Electricity
Electricity
Electricity
3.763
3.880
3.705
3.721
3.721
3.721
3.721
3.721
3.721
3.7213.722
3.748
3.742
3.742
3.742
3.742
3.742
3.742
3.786
3.859
3.727
3.668
3.668
3.463
3.505
3.505
3.557
3.641
3.646
3.637
3.676
3.733
3.733
Electricity
Electricity
3.763
3.880
Visibility Splays
Scale: 1:200
61775
56040
1700
1700
To
Site
To
Kinloss
To
Forres
Street View
to
Kinloss
Street View
to
Forres
Page 25

Page 26

Page 26

Page 27

Page 27

Page 28

Page 28

Page 29

Page 29

Page 30

Page 30

Page 31

Page 31

Page 32

Page 32

Page 33

Page 33

Page 34

Page 34

Page 35

Page 35

Page 36

Mabbett & Associates Ltd, Corporate and Registered Office: 13 Henderson Road, Inverness, UK, IV1 1SN
Registered in Scotland No: SC 163378 info@mabbett.eu www.mabbett.eu
Belfast  |  Cardiff  |  Dublin  | Dundee  |  Edinburgh  |  Glasgow  |  Inverness  | Leicester  |   Liverpool
© 2024, Mabbett & Associates Ltd. All Rights Reserved. The name Mabbett and the Mabbett logo are Trade Marks licensed to Mabbett & Associates Ltd.
12 October 2023
Project No: 313827
Drainage Assessment:
Proposed New Dwelling at Wagtail Lodge, Whiteinch,
Kinloss, IV36 3TS
Prepared for:
Mr. Forbes
Proposed New Dwelling at Wagtail Lodge
Whiteinch
Kinloss
IV36 3TS
Contents Amendment Record
This report has been issued and amended as follows:
Revision Description Date Signed
1.0 First Issue 23 January 2024 G Mackintosh
Page 36

Page 37

Page 37

Page 38

Proposed New Dwelling at Wagtail Lodge, Whiteinch, Kinloss 314613
© 2024, Mabbett & Associates Ltd Page ii
Table of Contents
Section 1.0 Introduction 1
1.1 Introduction to Sewage Treatment 1
1.2 Introduction to Surface Water Treatment 1
Section 2.0 Site Profile and Ground Conditions 3
2.1 Topography and Local Drainage 3
2.2 Investigation and Findings 3
2.3 Location of Services 3
2.4 Other Implications of Plot Size or Vegetation 3
Section 3.0 Sewage Treatment 4
3.1 Recommendation - Sewage Effluent 4
3.2 Minimum System Requirements – Biological Treatment 4
3.3 Partial Soakaway 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: Location Plan 8
Appendix 2: Surface Water Storage Calculations 9
Appendix 3: Foul and Surface Water Drainage Details 10
Page 38

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Proposed New Dwelling at Wagtail Lodge, Whiteinch, Kinloss 314613
© 2024, Mabbett & Associates Ltd Page 1 of 6
Section 1.0 Introduction
Mabbett & Associates Ltd (Mabbett) was commissioned by Mr James Gibb to undertake an assessment
of the sewage and surface water treatment and management options for two, 4-bedroom private dwellings
to be located within land adjacent to Sornhill Row, Galston, KA4 8NF (NGR 251340 634430).
It was known a Scottish Water sewer connection was not available thus a private treatment and disposal
solution had to be secured.
1.1 Introduction to Sewage Treatment
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. The ground conditions were
not favourable and so an option involving the discharge of appropriately treated sewage effluent to a
watercourse was sought.
1.2 Introduction to Surface Water Treatment
With regard to surface water treatment and dispersal, Regulation 3.6 of the Building (Scotland) Regulations
2004, as reproduced below, states that:
Every building and hard surface within the curtilage of a building, must be designed and
constructed with a surface water drainage system that will:
(a) ensure the disposal of surface water without threatening the building and the health and
safety of the people in and around the building; and
(b) have facilities for the separation and removal of silt, grit and pollutants.
Section 3.6.3 of the Technical Handbook provides methods of discharging surface water that, if employed,
would meet the requirements of the authorities.
With regard to SEPA’s requirements, General Binding Rule (GBR) 10, in pursuance of the Water
Environment (Controlled Activities) (Scotland) Regulations 2011, states that the provision of a sustainable
urban drainage system (SUDS) is required unless the discharge arises from a single house or if the
discharge is to be made to coastal waters. GBR10 and the relevant associated rule is outlined overleaf.
Page 39

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Proposed New Dwelling at Wagtail Lodge, Whiteinch, Kinloss 314613
© 2024, Mabbett & Associates Ltd Page 2 of 6
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;
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 9.2,
December 2022.
Page 40

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Proposed New Dwelling at Wagtail Lodge, Whiteinch, Kinloss 314613
© 2024, Mabbett & Associates Ltd Page 3 of 6
Section 2.0 Site Profile and Ground Conditions
2.1 Topography and Local Drainage
The proposals are to erect a new 3 bed private property located to the southeast of Copperfield,
Whiteinch, Kinloss together with all required infrastructure.
The SEPA Flood Maps have been consulted which indicate that the site lies out with any areas of fluvial
and pluvial flooding up to and including a 1:200year event.
A site investigation was previously completed by GMC Surveys in order to assess the existing ground
conditions to provide a solution for the drainage requirements.
A Flood Risk Assessment is to be issued in conjunction with this report to assess the impact of the existing
watercourse on the proposed development and wider area.
2.2 Investigation and Findings
A desktop study based on the outcome of a site visit by GMC Surveys on 23 January 2024 was undertaken
by Mabbett. The information obtained from that visit formed the basis of this report.
Consideration of the British Geological Survey map of the area suggested the site was likely to be underlain
by boulder clay which was unlikely to yield sufficient permeability to allow for the use of infiltration devices
such as total soakaways or raised mound infiltration systems the would be compliant with the Technical
Handbook and BS6927:2007. In addition, as a result of the proximity and relatively low elevation of the
site to the adjacent watercourse, it was concluded the only feasible alternative treatment and disposal
solution would be to achieve a discharge to the existing watercourse at a suitable location.
2.3 Location of Services
There are overhead power lines located within and adjacent to the site the locations of which are shown within
Appendix 1. There are no other known services within the site boundary.
2.4 Other Implications of Plot Size or Vegetation
Any infiltration device for sewage or wastewater must be located:
 at least 50m from any spring, well or borehole used as a drinking water supply, and
 at least 10m horizontally from any watercourse (including any inland or coastal waters), permeable
drain, road or railway.
Any infiltration system and any treatment plant must also be located:
 at least 5m from a building, and
 at least 5m from a boundary.
The location of any septic tank or treatment plant must ensure that a desludging tanker can gain access
to a working area that:
 will provide a clear route for a suction hose from the tanker to the tank,
 is not more than 25 m from the tank where it is not more than 4m higher than the invert level of the tank,
and
 is sufficient to support a vehicle axle load of 14 tonnes.
There should be no notable vegetation that might interfere with any system proposed or vice versa.
Page 41

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Proposed New Dwelling at Wagtail Lodge, Whiteinch, Kinloss 314613
© 2024, Mabbett & Associates Ltd Page 4 of 6
Section 3.0 Sewage Treatment
3.1 Recommendation - Sewage Effluent
Following consideration of the outcome of the site investigations Mabbett recommend that treated sewage
effluent be discharged to the watercourse that exists southwest of the site at approximately NGR NJ 50390
60712 as indicated within Appendix 1.
Foul drainage from the development should be treated by way of an EN12566 complaint biological
treatment plant which can achieve an effluent quality of the order of 12mg/l BOD and 5mg/l Ammonia, both
as a mean. The discharge should be made via an outfall incorporating 25m² of constructed partial
soakaway for each dwelling, see 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 15 or less, a Registration must be obtained for each dwelling
before making a discharge from the development.
3.2 Minimum System Requirements – Biological Treatment
The size of the biological treatment plant required to treat the sewage that would be generated by each
dwelling was calculated according to recognised industry figures as shown in Table 1 below.
Table 1 – Effluent Flows and Loads Figures
Development Maximum
Occupancy
Daily Flow
(litres/person)
BOD loading
per person
(g/day)
Treatment capability
required (kg
BOD/day)
3-bedroom dwelling  5 150 60 0.3
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 0.3 kg BOD/day
will be required each dwelling. Consideration should be given to installing a larger capacity system to
accommodate potential future expansion of the development.
The indicative foul drainage layout for each of the two dwellings is shown within Appendix 1.
Page 42

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Proposed New Dwelling at Wagtail Lodge, Whiteinch, Kinloss 314613
© 2024, 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 dwelling and associated hardstandings.
4.2 Recommendation - Surface Water
It is proposed that the surface water is also to discharge to the existing Water Course.
Prior to discharge the surface waters will require to be stored, treated, and attenuated to a pre - determined
rate to ensure the post development runoff does not exceed the pre - development rate.
In line with The Moray Council Flood Risk Management Teams current policy, it is proposed to discharge
the surface waters to a rain garden providing a sustainable method of surface water management. The
rain garden will have stone filled storage beneath sized to accommodate flows up to and including a 1:200
year event with 42% allowance for climate change.
The calculation sheets below indicate a minimum storage of 6.60m3 based on a contributing area of 200m2
(proposed roof area with extra over) with the discharge limited to 0.5l/s.
Allow for a depth of 1.0m maximum of 30% storage within 40mm Stone = 6.60 / 0.3 = 22.0m2.
I can therefore confirm that there is adequate space available within the site to accommodate the proposed
rain garden.
The plan view of the rain garden will form an irregular shape ensuring that the depth remains as 1.0m of
storage below the invert of the inlet and the overall area is equal to a minimum of 22.00m2.
Typical details for the rain garden have been included within Appendix 3.
Page 43

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Proposed New Dwelling at Wagtail Lodge, Whiteinch, Kinloss 314613
© 2024, 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 44

Page 45

© 2024, 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 9.2, December 2022.
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 45

Page 46

© 2024, Mabbett & Associates Ltd Appendix 1
Appendix 1: Location Plan
Page 46

Page 47

EP
5.29
5.43
5.30 5.28
5.37
5.22
5.14
5.16
5.07
5.20
5.08
5.08
5.035.12
5.09
5.06
5.08
5.15
5.21
5.27
5.20
5.09
4.98
4.93
4.90
5.04
5.27
5.01
4.97
4.92
5.055.00
5.03
4.98
5.06
5.11
5.07
5.05
5.04
4.97
5.10
5.23
5.01
5.08
5.15
5.11
5.09
5.15
5.10
5.10
5.04
5.06
5.07
5.14
5.25
5.27
5.30
5.33
5.23
5.08
5.08
5.09
5.07
5.17
5.27
5.29
5.26
5.31
5.19
5.08
5.09
5.13
5.07 5.11
5.19
5.18
5.11
5.17
5.32
5.40
5.38 5.33
5.38 5.28
5.17
5.28
5.22
5.30
5.27
5.34
5.15
5.09
5.09
4.99
5.04
5.05
5.07
5.07
5.20
5.08
5.14
5.19
5.28
5.16
5.10
5.09
5.05
5.01
5.01
5.03
5.01
5.01
5.115.30
5.01
4.99
5.27
5.23
5.27
5.26
5.30
5.29
5.28
5.28
5.27
5.31
5.32
5.33
5.52
5.30
5.40
5.36
5.28
5.30
5.03
5.20
5.36
5.29
5.12
5.15
5.26
5.345.30
5.07
5.23
5.27
5.17
5.22
5.24 5.30
5.23
5.34
5.34
5.44
5.32
5.35
5.40
5.40
5.62
5.61
5.63
5.67
5.42
5.52
5.66
5.65
5.59
5.59
5.55
5.57
5.63
5.67
5.53
5.52
5.51
5.52
5.00
4.92
5.09
5.18
5.18
5.26
5.21
5.20
5.20
5.01
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
Fairfield EP
5.29
5.43
5.30
5.37
5.22
5.07
5.20
5.08
5.08
5.035.12
5.09
5.06
5.08
5.15
5.21
5.27
5.09
4.98
4.93
4.90
5.04
5.27
5.01
4.97
4.92
5.055.00
5.03
4.98
5.06
5.11
5.07
5.05
5.04
4.97
5.10
5.23
5.01
5.08
5.15
5.11
5.09
5.15
5.10
5.10
5.04
5.06
5.07
5.14
5.25
5.27
5.30
5.33
5.23
5.08
5.08
5.07
5.17
5.27
5.29
5.26
5.31
5.08
5.09
5.13
5.07 5.11
5.19
5.18
5.11
5.17
5.32
5.40
5.38 5.33
5.38 5.28
5.17
5.28
5.22
5.30
5.27
5.34
5.09
5.09
4.99
5.04
5.05
5.07
5.07
5.20
5.08
5.195.28
5.16
5.09
5.05
5.01
5.01
5.03
5.01
5.115.30
5.01
4.99
5.27
5.23
5.27
5.26
5.30
5.29
5.28
5.28
5.27
5.31
5.32
5.33
5.52
5.30
5.40
5.36
5.28
5.30
5.20
5.29
5.12
5.15
5.26
5.345.30
5.07
5.23
5.27
5.22
5.24 5.30
5.23
5.34
5.34
5.44
5.32
5.35
5.40
5.40
5.62
5.61
5.63
5.67
5.42
5.52
5.66
5.65
5.59
5.59
5.55
5.57
5.63
5.67
5.53
5.52
5.51
5.52
5.00
4.92
5.09
5.18
5.18
5.26
5.21
5.20
5.20
5.01
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
EP
5.29
5.22
5.07
5.08
5.08
5.035.12
5.09
5.06
5.08
5.15
5.21
5.27
4.93
4.90
5.04
5.27
5.07
5.05
5.04
4.97
5.10
5.23
5.01
5.08
5.15
5.11
5.09
5.15
5.10
5.10
5.04
5.06
5.07
5.14
5.25
5.27
5.30
5.33
5.23
5.08
5.08
5.07
5.17
5.27
5.29
5.31
5.08
5.13
5.07 5.11
5.19
5.18
5.11
5.17
5.32
5.33
5.38 5.28
5.17
5.28
5.30
5.27
5.23
5.27
5.26
5.30
5.29
5.28
5.28
5.27
5.31
5.32
5.33
5.52
5.30
5.40
5.20
5.29
5.15
5.26
5.345.30
5.22
5.24 5.30
5.23
5.34
5.34
5.44
5.32
5.35
5.40
5.40
5.62
5.61
5.63
5.67
5.42
5.52
5.66
5.65
5.59
5.59
5.55
5.57
5.63
5.67
5.53
5.52
5.51
5.52
5.26
5.21
5.20
5.20
5.00
5.00
5.00
5.00
5.00
AREA
O
W
NED
BY
APPLICANT
EP
5.29
5.43
5.30
5.37
5.22
5.14
5.07
5.20
5.08
5.08
5.035.12
5.09
5.06
5.15
5.21
5.27
5.09
4.98
4.93
4.90
5.04
5.27
5.01
4.97
4.92
5.055.00
5.03
4.98
5.06
5.11
5.07
5.05
5.04
4.97
5.10
5.23
5.01
5.08
5.15
5.11
5.09
5.15
5.10
5.10
5.04
5.06
5.07
5.14
5.25
5.27
5.30
5.33
5.23
5.08
5.08
5.17
5.27
5.29
5.26
5.31
5.13
5.07 5.11
5.19
5.18
5.17
5.32
5.40
5.38 5.33
5.38 5.28
5.17
5.28
5.22
5.30
5.27
5.34
5.09
5.09
4.99
5.04
5.05
5.07
5.07
5.20
5.08
5.14
5.19
5.28
5.16
5.09
5.05
5.01
5.01
5.03
5.01
5.01
5.115.30
5.01
4.99
5.27
5.23
5.27
5.26
5.30
5.29
5.28
5.28
5.27
5.31
5.32
5.33
5.52
5.30
5.40
5.36
5.28
5.30
5.20
5.29
5.12
5.15
5.26
5.345.30
5.07
5.23
5.27
5.17
5.22
5.24 5.30
5.23
5.34
5.34
5.44
5.32
5.35
5.40
5.40
5.62
5.61
5.63
5.67
5.42
5.52
5.66
5.65
5.59
5.59
5.55
5.57
5.63
5.67
5.53
5.52
5.51
5.52
5.00
5.09
5.18
5.18
5.26
5.21
5.20
5.20
5.01
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
ExistingTrack
ExistingTrack
DO
NOT
SCALE
FROM
THIS
DRAW
ING, IF
IN
DOUBT
PLEASE
ASK.
ALL DIMENSIONS
TO
BE
CHECKED
ON
SITE
PRIOR
TO
COMMENCEMENT.
THIS
DRAW
ING
IS
THE
COPYRIGHT
OF
MABBETT
&
ASSOCIATES
LTD
Client
Project
Drawing No:
Scale
Drawing
Rev
Drawn
Status
Sheet
Check
Date
W
illow
House
Stoneyfield Business Park
Inverness 
IV2 7PA
Tel: 01463 237229
www.mabbett.eu
Description
Date
Rev.
Drawn
GM
23/01/24
SU001
X
314613
A3
SPNTS
Issue
Discharge Location
Location Plan/
Kinloss
W
hiteinch
New
House at W
agtail Lodge
Mr Forbes
-
-
-
-
Existing Ditch/Proposed Outfall
TP01
TP02
Discharge route
Page 47

Page 48

© 2024, Mabbett & Associates Ltd Appendix 3
Appendix 2: Surface Water Storage Calculations
Page 48

Page 49

MabbeƩ & Associates Ltd File:
Network: Storm Network
Gary Mackintosh
24/01/2024
Page 1
Proposed Dwelling at
Whiteinch, Kinloss
Flow+ v10.6.234 Copyright © 1988-2024 Causeway Technologies Ltd
Design Seƫ ngs
Rainfall Methodology
Return Period (years)
AddiƟonal Flow (%)
FSR Region
M5-60 (mm)
RaƟo-R
CV
Time of Entry (mins)
FSR
0
Scotland and Ireland
0.750
Maximum Time of ConcentraƟon (mins)
Maximum Rainfall (mm/hr)
Minimum Velocity (m/s)
ConnecƟon Type
Minimum Backdrop Height (m)
Preferred Cover Depth (m)
Include Intermediate Ground
Enforce best pracƟce design rules
30.00
50.0
1.00
Level Soĸ ts
0.200
1.200
✓
✓
Nodes
Name Area
(ha)
T of E
(mins)
Cover
Level
(m)
Diameter
(mm)
EasƟng
(m)
Northing
(m)
Depth
(m)
Storage 0.020 5.00 100.000 1200 0.000 0.000 2.000
SimulaƟon Seƫ ngs
Rainfall Methodology
FSR Region
M5-60 (mm)
RaƟo-R
Summer CV
Winter CV
FSR
Scotland and Ireland
14.000
0.300
0.750
0.840
Analysis Speed
Skip Steady State
Drain Down Time (mins)
AddiƟonal Storage (m³/ha)
Check Discharge Rate(s)
Check Discharge Volume
Normal
x
240
0.0
x
x
Storm DuraƟons
15 30 60 120 180 240 360 480 600 720 960 1440
Return Period
(years)
Climate Change
(CC %)
AddiƟonal Area
(A %)
AddiƟonal Flow
(Q %)
200 42 0 0
Node Storage Online Hydro-Brake® Control
Flap Valve
Replaces Downstream Link
Invert Level (m)
Design Depth (m)
Design Flow (l/s)
x
✓
97.500
1.500
0.5
ObjecƟve
Sump Available
Product Number
Min Outlet Diameter (m)
Min Node Diameter (mm)
(HE) Minimise upstream storage
✓
CTL-SHE-0029-5000-1500-5000
0.075
1200
Node Storage Depth/Area Storage Structure
Base Inf Coeĸ cient (m/hr)
Side Inf Coeĸ cient (m/hr)
0.00000
0.00000
Safety Factor
Porosity
2.0
0.95
Invert Level (m)
Time to half empty (mins)
98.000
132
Depth
(m)
Area
(m²)
Inf Area
(m²)
Depth
(m)
Area
(m²)
Inf Area
(m²)
Depth
(m)
Area
(m²)
Inf Area
(m²)
0.000 7.4 0.0 1.000 7.4 0.0 1.001 0.0 0.0
Page 49

Page 50

MabbeƩ & Associates Ltd File:
Network: Storm Network
Gary Mackintosh
24/01/2024
Page 2
Proposed Dwelling at
Whiteinch, Kinloss
Flow+ v10.6.234 Copyright © 1988-2024 Causeway Technologies Ltd
Results for 200 year +42% CC CriƟcal Storm DuraƟon.  Lowest mass balance: 93.53%
Node Event US
Node
Peak
(mins)
Level
(m)
Depth
(m)
InŇow
(l/s)
Node
Vol (m³)
Flood
(m³)
Status
Link Event
(Upstream Depth)
US
Node
Link Ouƞlow
(l/s)
Discharge
Vol (m³)
240 minute winter Storage 188 98.802 0.802 2.1 6.5482 0.0000 OK
240 minute winter Storage Hydro-Brake® 0.5 11.0
Page 50

Page 51

© 2024, Mabbett & Associates Ltd Appendix 3
Appendix 3: Foul and Surface Water Drainage Details
Page 51

Page 52

100mm
BED
TO
BE
PIPE
BEDDING
M
ATERIAL
150mm
BED
TO
BE
PIPE
BEDDING
MATERIAL
450mm
DIA
INSPECTION
CHAM
BER
AND
COVER
100mm
BED
TO
BE
PIPE
BEDDING
MATERIAL
100mm
DIA
SOLID
PIPE
FROM
TREATMENT
PLANT
100mm
DIA
SOLID
PIPE
100mmDIASOLIDPIPE
FULLY
PERFORATED
150mm
DIA
PIPE
800mmMINCOVER
RODDING
EYE
COVER
LONGITUDINAL SECTION
THROUGH
FOUL W
ATER SOAKPIT (NO
INFILTRATION)
100mm
DIA
SOLID
OUTLET
PIPE
SET
300mm
BELOW
INLET
PIPE
CLEAN
CRUSHED
ROCK
100-50 GRADING
TERRAM
1000 GEOTEXTILE
AROUND
ENTIRE
SOAKPIT
W
ITH
1000mm
LAPS
SELECTED
COM
PACTED
BACKFILL
M
ATERIAL
Permeable
geotextyle to 
top
40mm
clean stone
granular fill
1000mm
Uneven bed of mixed Sand
(30%
) Topsoil/compost depth
300mm
- 500mm
Mix of native shrubs
/Plants
150mm
Bed to be pipe
bedding material
510mm
Dia SEL Flow
control
chamber or similar
100m
m
DIA
SOLID
PIPE
100m
m
DIA
SOLID
PIPE
min 25mm
Dia Orifice plate with mesh
(final sizing to be determined by the
manufacturer)
Eyelet to allow
temporary
removal of orifice plate
100m
m
DIA
SOLID
PIPE
Impermeable polypropylene
membrane to sides and
base
1814
LONGITUDINAL SECTION THROUGH
PROPOSED RAINGARDEN
DO
NOT
SCALE
FROM
THIS
DRAW
ING, IF
IN
DOUBT
PLEASE
ASK.
ALL DIMENSIONS
TO
BE
CHECKED
ON
SITE
PRIOR
TO
COMMENCEMENT.
THIS
DRAW
ING
IS
THE
COPYRIGHT
OF
MABBETT
&
ASSOCIATES
LTD
Client
Project
Drawing No:
Scale
Drawing
Rev
Drawn
Status
Sheet
Check
Date
W
illow
House
Stoneyfield Business Park
Inverness 
IV2 7PA
Tel: 01463 237229
www.mabbett.eu
Description
Date
Rev.
Drawn
SP
23/01/24
SU002
X
314613
A3
GMNTS
Issue
Drainage Details
Foul and Surface W
ater
Kinloss
W
hiteinch
New
Hiouse at W
agtail Lodge
Mr Forbes
-
-
-
-
north
Page 52

Page 53

Consultee Comments for Planning Application 25/00361/APP
Application Summary
Application Number: 25/00361/APP
Address: Wagtail Lodge Whiteinch Small Holdings Forres Moray IV36 3TS
Proposal: Erection of new house at
Case Officer: Emma Mitchell
Consultee Details
Name: Allan Park
Address: Environmental Health, Council Offices, High Street Elgin, Moray IV30 1BX
Email: Not Available
On Behalf Of: Contaminated Land
Comments
Approved unconditionally
Page 53

Page 54

Consultee Comments for Planning Application 25/00361/APP
Application Summary
Application Number: 25/00361/APP
Address: Wagtail Lodge Whiteinch Small Holdings Forres Moray IV36 3TS
Proposal: Erection of new house at
Case Officer: Emma Mitchell
Consultee Details
Name: Russell Anderson
Address: Environmental Health, Council Offices, High Street Elgin, Moray IV30 1BX
Email: Not Available
On Behalf Of: Environmental Health C12
Comments
Approved unconditionally
Page 54

Page 55

SW Public
General
Tuesday, 15 April 2025 
Local Planner
Development Services
Moray Council
Elgin
IV30 1BX 
Dear Customer, 
Wagtail Lodge, Whiteinch Small Holdings, Forres, IV36 3TS
Planning Ref: 25/00361/APP 
Our Ref: DSCAS-0130532-PZG
Proposal: Erection of new house 
Please quote our reference in all future correspondence 
Scottish Water has no objection to this planning application. The applicant should be aware
that this does not confirm that the proposed development can currently be serviced.    
Please read the following carefully as there may be further action required. Scottish Water
would advise the following: 
Water Capacity Assessment 
• There is currently sufficient capacity in the Glenlatterach Water Treatment Works to
service your development. However, please note that further investigations may be
required to be carried out once a formal application has been submitted to us. 
Waste Water Capacity Assessment 
• According to our records there is no public waste water infrastructure within the
vicinity of this proposed development therefore we would advise applicant to
investigate private treatment options. 
Development Operations
The Bridge
Buchanan Gate Business Park
Cumbernauld Road
Stepps
Glasgow
G33 6FB 
Development Operations
Freephone  Number - 0800 3890379
E-Mail - DevelopmentOperations@scottishwater.co.uk
www.scottishwater.co.uk 
Page 55

Page 56

SW Public
General 
Please Note 
The applicant should be aware that we are unable to reserve capacity at our water and/or
waste water treatment works. When planning permission has been granted and a formal
connection application has been submitted, we will review the availability of capacity at that
time and advise the applicant accordingly. 
Surface Water    
For reasons of sustainability and to protect our customers from potential future sewer
flooding, Scottish Water will not accept any surface water connections into our combined
sewer system. 
There may be limited exceptional circumstances where we would allow such a connection
for brownfield sites only, however this will require significant justification from the customer
taking account of various factors including legal, physical, and technical challenges. 
In order to avoid costs and delays where a surface water discharge to our combined sewer
system is anticipated, the developer should refer to our guides which can be found at
https://www.scottishwater.co.uk/Help-and-Resources/Document-Hub/Business-and-
Developers/Connecting-to-Our-Network which detail our policy and processes to support the
application process, evidence to support the intended drainage plan should be submitted at
the technical application stage where we will assess this evidence in a robust manner and
provide a decision that reflects the best option from environmental and customer
perspectives. 
Next Steps:     
Single house developments; unless utilising private water or drainage sources, are
required to submit a Water Connection Application and Waste Water Application via
our Customer Portal to allow us to fully appraise the proposals. Please note that
Single House developments are not required to submit a Pre-Development Enquiry
form (PDE) however local network capacity will be assessed on receipt of application
forms. 
Further information on our application and connection process for Single Household
development can be found on our website https://www.scottishwater.co.uk/Business-
and-Developers/NEW-Connecting-to-Our-Network/Single-Household-Customers 
I trust the above is acceptable however if you require any further information regarding this
matter, please contact me on 0800 389 0379 or via the e-mail address below or at
planningconsultations@scottishwater.co.uk.    
Yours sincerely,    
Angela Allison
Development Services Analyst 
PlanningConsultations@scottishwater.co.uk 
Page 56

Page 57

SW Public
General
Scottish Water Disclaimer:    
“It is important to note that the information on any such plan provided on Scottish Water’s
infrastructure, is for indicative purposes only and its accuracy cannot be relied upon.  When the
exact location and the nature of the infrastructure on the plan is a material requirement then you
should undertake an appropriate site investigation to confirm its actual position in the ground and
to determine if it is suitable for its intended purpose.  By using the plan you agree that Scottish
Water will not be liable for any loss, damage or costs caused by relying upon it or from carrying
out any such site investigation." 
Supplementary Guidance 
• Scottish Water asset plans can be obtained from our appointed asset plan
providers: 
• Site Investigation Services (UK) Ltd 
• Tel: 0333 123 1223   
• Email: sw@sisplan.co.uk 
• www.sisplan.co.uk 
• Scottish Water’s current minimum level of service for water pressure is 1.0
bar or 10m head at the customer’s boundary internal outlet.  Any property which
cannot be adequately serviced from the available pressure may require private
pumping arrangements to be installed, subject to compliance with Water
Byelaws. If the developer wishes to enquire about Scottish Water’s procedure for
checking the water pressure in the area, then they should write to the
Development Operations department at the above address. 
• If the connection to the public sewer and/or water main requires to be laid
through land out-with public ownership, the developer must provide evidence of
formal approval from the affected landowner(s) by way of a deed of servitude. 
• Scottish Water may only vest new water or waste water infrastructure which is
to be laid through land out with public ownership where a Deed of Servitude has
been obtained in our favour by the developer. 
• The developer should also be aware that Scottish Water requires land title to
the area of land where a pumping station and/or a Sustainable Drainage System
(SUDS) proposed to vest in Scottish Water is constructed. 
• Please find information on how to submit application to Scottish Water at our
Customer Portal   
Page 57

Page 58

From: Lorraine Clayton <Lorraine.Clayton@moray.gov.uk>
Sent: 16 Apr 2025 02:52:10
To: DMSMyEmail@moray.gov.uk
Cc:
Subject: FW: 25/00361/APP Erection of new house at Wagtail Lodge, Whiteinch Small Holdings, Forres, IV36 3TS
Attachments:  
From: DeveloperObligations <DeveloperObligations@moray.gov.uk>
Sent: 07 April 2025 16:21
To: Emma Mitchell <Emma.Mitchell@moray.gov.uk>
Cc: DC-General Enquiries <development.control@moray.gov.uk>
Subject: 25/00361/APP Erection of new house at Wagtail Lodge, Whiteinch Small Holdings, Forres, IV36 3TS  
Hi Emma,  
Please find attached the developer obligations assessment that has been undertaken for the above planning application. A
copy of the report has been sent to the applicant.  
Thanks,
Erynn  
Erynn Crombie
Infrastructure Growth/Obligations Officer (Strategic Planning and Development) | Economic Growth and Development
news | website | Facebook | Instagram | YouTube
erynn.crombie@moray.gov.uk |  
Normal Working Hours – 08.45-17.00 (Mon/Wed in Office, Tues/Thurs/Fri Homeworking)   
Page 58

Page 59

Developer Obligations & Affordable Housing:
ASSESSMENT REPORT 
Date: 07/04/2025
Reference: 25/00361/APP
Description: Erection of new house at Wagtail
Lodge, Whiteinch Small Holdings, Forres, IV36
3TS
Applicant: Mr & Mrs G Forbes 
Agent: CM Design 
This assessment has been carried out by
Moray Council.  For developer obligations,
the assessment is carried out in relation to
policy PP3 Infrastructure and Services of the
adopted Moray Local Development Plan 2020
(MLDP2020) and Supplementary Guidance
(SG) on Developer Obligations which was
adopted on 30 September 2020.  And, for
affordable housing, the assessment is carried
out in relation to policy DP2 Housing of the
MLDP2020.  Affordable housing is a policy
requirement not a developer obligation
however for ease of reference the Affordable
Housing contribution is included within this
assessment. 
The MLDP2020 can be found at
www.moray.gov.uk/MLDP2020 and the
Developer Obligations SG can be found at
http://www.moray.gov.uk/downloads/file1
34184.pdf 
Summary of Obligations 
Primary Education Nil
Secondary Education Nil
Transport 
(Contribution towards Demand
Responsive Transport)       
Healthcare 
(Contribution towards
extension at Forres Health
Centre or such other healthcare
facilities for which the Council
is able to demonstrate
reasonable justification and
will serve the residents of the
Development, 2 Additional
Dental Chairs and
reconfiguration to existing
Pharmacy outlets)     
Sports and Recreation 
(Contribution towards 3G pitch in
Forres)       
Total Developer Obligations      
Affordable Housing      
TOTAL    
Page 59

Page 60

Breakdown of Calculation
Proposals for developer obligations are
assessed on the basis of Standard Residential
Unit Equivalents (SRUE) which is a 3-
bedroomed residential unit. This application
is considered to comprise of the following:
2 bed = 0.8 SRUE
This assessment is therefore based on 0.8
SRUE.
INFRASTRUCTURE
Education
Primary Education
The pupils generated by this development are
zoned to Kinloss Primary School. The school is
currently operating at 67% physical capacity
and the additional pupil as a result of this
development can be accommodated. As a
result, no mitigation is necessary in this
instance. 
Contribution towards Primary Education =
Nil 
Secondary Education
The pupils generated by this development are
zoned to Forres Academy. The school is
currently operating at 75% capacity and the
additional pupil as a result of this
development can be accommodated. As a
result, no mitigation is necessary in this
instance. 
Contribution towards Secondary Education =
Nil 
Transport
The Moray Council Transportation Services
has confirmed that a contribution towards
the Council`s demand responsive transport
service is required to mitigate the impact, in
terms of increased usage, on this service
given the proposed development is located
within a rural area with no access to bus
services. In accord with the Moray Council`s
Supplementary Guidance on Developer
Obligations, a contribution of per
SRUE is sought. Therefore:
Contributions towards Transport = 
Healthcare
Healthcare Facilities include General Medical
Services (GMS), community pharmacies and
dental practices. Scottish Health Planning
Notes provide national guidance on standards
and specification for healthcare facilities. The
recommended number of patients is 1500 per
General Practitioner (GP) and floorspace
requirement per GP is 271m2. 
Healthcare infrastructure requirements have
been calculated with NHS Grampian on the
basis of national standards and specifications
for healthcare facilities and estimating the
likely number of new patients generated by
the development (based on the average
household size of 2.17 persons -Census 2011).
Forres Health Centre is the nearest GP
Practice within which healthcare facilities can
be accessed by the proposed development.
NHS Grampian has confirmed that Forres
Health Centre is working at design capacity
and the existing space will be required to be
extended and that 2 Additional Dental Chairs
Page 60

Page 61

and a reconfiguration to existing Pharmacy
outlets will be required.
Contributions are calculated based on a
proportional contribution of per SRUE
for the extension of the health center or such
other healthcare facilities for which the
Council is able to demonstrate reasonable
justification and will serve the residents of the
Development,  for the additional dental
chairs and  per SRUE for the pharmacy. 
Contribution towards Healthcare = 
Sports and Recreational Facilities
The nearest sports and recreational facilities that
serve this development are located in Forres. The
Moray Local Development Plan 2020 identifies a
requirement for new development to contribute
towards additional capacity of sports and
recreational facilities. As set out in the Review of
Sport, Leisure and Recreational Provision in
Moray (April 2014), current pitch provision in
Forres falls below national standards in terms of
both quantity and quality. The Review set out the
preference is to provide synthetic grass pitches
given the ever-improving developments of
synthetic turf technology, flexibility offered by
the surface in terms of game size and capacity for
repeated play without detrimental effect.
The Planning Facilities Model 2018 sets out that
Moray currently meets 0.5 pitches per 10,000
population, which is significantly lower than the
national average of 0.9 pitches per 10,000
population. Moray Council has agreed that the
Council aim is to provide every secondary school
with convenient/adjacent access to a 3G pitch
given that sportscotland stipulates that pitches
should be adjacent to schools. Therefore,
contributions will be sought towards a 3G pitch in
Forres on the following basis:
Contribution for Sports and Recreation
Facilities = 
AFFORDABLE HOUSING
The average market value of a serviced plot
for 1 Affordable Unit within the Forres Local
Housing Market Area is .  
Contributions are based on 25% of the total
number of units proposed in the application:
Therefore, the total contribution towards
affordable housing is:
Affordable housing is a policy requirement
not a developer obligation and will not be
subject to negotiation. 
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TERMS OF ASSESSMENT
This assessment report is valid for a period of
6 months from the date of issue.  
Please note that any subsequent planning
applications for this site may require a re-
assessment to be undertaken on the basis of
the policies and rates pertaining at that time.  
PAYMENT OF CONTRIBUTIONS
Remittance of financial obligations can be
undertaken either through the provision of an
upfront payment or by entering into a Section
75 agreement.  The provision of an upfront
payment will allow a planning consent to be
issued promptly.  However, where the
amount of developer contributions are such
that an upfront payment may be considered
prohibitive a Section 75 will likely be required. 
The payment of contributions may be tied
into the completion of houses through a
Section 75 Agreement or equivalent, to
facilitate the delivery of development. Please
note that Applicants are liable for both the
legal costs of their own Legal Agent fees and
Council’s legal fees and outlays in the
preparation of the document. These costs
should be taken into account when
considering the options.
INDEXATION
Developer obligations towards Moray Council
infrastructure are index linked to the General
Building Cost Price Index (BCPI) as published
by the Building Cost Information Service
(BCIS) of the Royal Institute of Chartered
Surveyors (RICS) from Q3, 2017 and
obligations towards NHS Grampian
infrastructure are index linked to All in Tender
Price Index (TPI) as published by the Royal
Institute of Chartered Surveyors (RICS) from
Q2, 2017. 
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REPORT OF HANDLING 
Ref No: 25/00361/APP Officer: Emma Mitchell
Proposal
Description/
Address  
Erection of new house at Wagtail Lodge Whiteinch Small Holdings Forres Moray
Date: 14 of May 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 07/04/25 DO sought
Environmental Health Manager 04/04/25 No objection
Contaminated Land 03/04/25 No objection
Transportation Manager 17/04/25 Object
Scottish Water 15/04/25 No objection
Moray Flood Risk Management 17/04/25 No objection 
DEVELOPMENT PLAN POLICY
Policies Dep Any Comments 
(or refer to Observations below)
National Planning Framework   
NPF1 - Tackling the Climate N 
NPF2 - Climate mitigation and adaptation N 
NPF3 - Biodiversity N 
NPF13 - Sustainable transport Y 
NPF14 - Design, quality and place N 
NPF15 - Local living N 
NPF16 - Quality homes N 
NPF17 - Rural homes Y 
NPF22 - Flood risk N 
NPF23 - Health and safety N 
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Page 2 of 7
Moray Local Development Plan 2020  
PP1 Placemaking N 
PP3 Infrastructure and Services N 
DP1 Development Principles Y 
DP2 Housing N 
DP4 Rural Housing Y 
EP12 Management and Enhancement Water N 
EP13 Foul Drainage N 
EP14 Pollution Contamination Hazards N 
REPRESENTATIONS
Representations Received  NO
Total number of representations received
Names/Addresses of parties submitting representations 
Summary and Assessment of main issues raised by representations
Issue:
Comments (PO): 
OBSERVATIONS – ASSESSMENT OF PROPOSAL 
Proposal 
• Planning permission is sought for the erection of a dwellinghouse attached to an existing
holiday cottage at Wagtail Lodge, Whiteinch. 
• A single storey two bed. dwelling is proposed with living accommodation in the attic space. 
• External materials include thermopine cladding with a steel roof. 
• It is proposed to link the new dwelling with the existing holiday chalet via a glass tunnel.
• A solar array is to be located on the west elevation. 
• A septic tank for foul drainage and connection to the public water supply is intended. 
• The site is access via an existing track that leads from the public road (U62E Sea Park Road). 
Site Characteristics
• The almost rectangular flat site is 4286 sqm in size. 
• A holiday chalet is located on the site. 
• The site is located to the east of Copperfield at the end of a private track in countryside west of
Kinloss. 
• The 500 metre L - shaped track that leads to the Copperfield serves approx. 14 other properties. 
• A row of housing is located further to the east of the site forming a street type sequence. 
• Housing lies to the north, east and west of the site. Paddocks are located to the south. 
• Mature trees are located on the eastern boundary of the site. 
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:
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Page 3 of 7 
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 promoted by a rural development hierarchy, firstly by directing development to rural
groupings, secondly by the re-use and replacement of traditional stone and slate buildings and finally,
to sites in the open 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 access arrangements must be sympathetic to the rural setting. 
The proposal site is in open countryside and the siting of a new dwelling in this location is not
acceptable under Policies 17, DP1 and DP4 as it contributes to an unacceptable build-up of housing
in the countryside. 
The site is located within Whiteinch which consists of approx. 14 existing dwellings, the majority of
these are located along the access track forming a street type pattern. The proposed introduction of a
further house in this location alongside existing housing is considered to constitute an unacceptable
cumulative build-up of housing which will negatively impact the landscape character of this area of
open countryside. 
There is a new house immediately to the east of the plot which has recently been constructed and
when taken with the existing holiday let (consented in 2021), the addition of the proposed would be
considered to contribute to an unacceptable build-up of housing in the countryside. As such the
application would fail to comply with Policies 17, DP1 and DP4. 
The design of the proposal meets the gable formula and the other stipulations of Policy DP4 including
materials, window layout, maximum height and roof pitch. There are no amenity issues for
neighbouring properties. 
Under policy DP4 15% native tree planting must be provided on the site to help the proposal integrate
into the landscape setting. Landscaping is proposed as part of the proposal which meets the
requirements of policy DP4. The standard landscaping condition relating to planting times and
maintenance etc would be attached to the consent if it were to be approved.   
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. 
The proposed new dwelling would result in the intensification of the use of the existing access onto
the public road. Transportation provided comments for previous planning applications for a dwelling
at this location (23/02065/APP which was withdrawn and 24/01254/APP which was refused), which
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Page 4 of 7
have not been addressed as part of the current planning application. The following is required: - 
•  The visibility splays at the access onto the public road are presently constrained due to the
presence of boundaries and vegetation. A visibility splay 4.5 m x 120m would be required in
both directions at the track access onto the U62E Sea Park Road clear of any obstructions
greater than 0.6m in height measured from the level of the carriageway, with all boundaries set
back to a position behind the required visibility splays. The visibility splays appear to pass
across land not under the control of the applicant. Evidence of control is therefore required,
through ownership or provision of third-party agreement, to demonstrate that the required
visibility can be provided and maintained thereafter. 
•  The access onto the public road is taken via the back of an existing formal passing place. The
existing access is in poor condition with evidence of water ponding and loose material
discharging onto the public road and it is considered that the proposal would further exacerbate
these existing issues. The access would therefore require to be constructed to Moray Council
specification and surfaced in bituminous macadam across its full existing width for a minimum of
the first 5m measured from the edge of the carriageway. 
The submitted information doesn’t demonstrate that a safe and suitable access can be provided.  
Consideration has been given to whether a reduced visibility splay of 2.4 m x 120m could be
provided. However, this is currently not available, and the provision of the reduced splay would still
require clearance of land out with the road boundary. 
The land on which the visibility splay is located is out with the applicant’s ownership.  The supporting
statement submitted as part of the proposal states the applicant does not have the ability to provide
the required visibility splay due to the land not being in his ownership and no agreement being able to
agreement be made with the owner of it to provide and maintain the 2.4 x 120m required visibility
splay. 
Based on the submitted details, transportation considers the current proposals to be contrary to
MLDP Policy DP1 and the Supplementary Guidance given the required visibility splay from the
access road onto the public road is unable to be achieved. The proposal is also contrary to NPF
policy 13 as it is unable to incorporate safety measures to provide a safe entry and exit. 
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 have no objections to it. If the
proposal were to be approved a condition would be attached to the consent to ensure adherence with
the submitted drainage assessment. 
Scottish Water were consulted on the proposal and have no objections. The criteria in Policies 22,
EP12 and EP13 have been met. 
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. Local development is required to include
appropriate measures to conserve, restore and enhance biodiversity under policy 3.   
A solar array is proposed on the dwelling which will assist in minimizing emissions from the proposal.
Design features such as passive solar gain will increase natural light and heat into the dwelling
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Page 5 of 7
thereby reducing energy consumption and lighting requirements, and good thermal performance
measures will also help to limit heat losses from the dwellings. It is further noted that changes to
Scottish Building Regulations programmed across 2023 will be seeking significant reductions in
carbon emissions based on current regulations which will have a positive impact on energy efficiency
requirements and carbon emissions from this development. The criteria in the policy has been met. 
Biodiversity (NPF 3)
Local development is required to include appropriate measures to conserve, restore and enhance
biodiversity under policy 3.   
Landscaping is proposed as part of the proposal which will result in a net increase in ecological value
and biodiversity overtime. A mixture of new native tree planting is being proposed, that increases the
age range and diversity of tree species within the site to enhance the biodiversity of the new
woodland. The species chosen are a mixture of broadleaves and conifers that provide food in the
form of berries and nuts, and opportunities for nesting and shelter. The criteria in the policy has been
met. If planning permission were to be granted a condition asking for 3 bird/bat boxes to be erected
on the site prior to occupation of the dwelling would be attached. 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
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.   
If planning permission were to be granted a developer obligation would be required to be paid up
front prior to planning consent being issued or secured through a Section 75 legal agreement (which
as been agreed with the applicant) for Transport (demand responsive transport), Healthcare
(extension at Forres Health Centre or other such healthcare facilities for which the council is able to
demonstrate reasonable justification and will be serve the residents of the development, 2 additional
dental chairs and the reconfiguration to existing Pharmacy outlets) Sports and Recreation (3G pitch
in Forres) and Affordable Housing. 
Recommendation
Refuse. 
REASON(S) FOR DECISION
The Council’s reason(s) for making this decision are: - 
The development is contrary to National Planning Framework (NPF) Policies 13 (Sustainable
Transport) and 17 (Rural Homes) and the Moray Local Development Plan 2020 (MLDP) Policies DP1
(Development Principles) and DP4 (Rural Housing) for the following reasons: - 
• The development would result in an intensification of use of the access junction onto the public
road (U62E Sea Park Road), where there is presently restricted visibility and which would be
likely to give rise to conditions detrimental to the road safety of road users contrary to NPF
Policy 13 (b. vi) and MLDP DP1 (ii a and c). 
• The proposed introduction of a further house in this location alongside existing housing is
considered to constitute an unacceptable cumulative build-up of housing which will negatively
impact the landscape character of this area of open countryside contrary to the siting
requirements of Policies NPF 17 and MLDP DP4. 
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Page 6 of 7 
OTHER MATERIAL CONSIDERATIONS TAKEN INTO ACCOUNT 
None. 
HISTORY
Reference No. Description 
Erect 1no holiday chalet on At Land by Copperfield Kinloss Forres Moray 
21/00606/APP Decision Permitted Date Of Decision 09/06/21   
ADVERT
Advert Fee paid? Yes
Local Newspaper Reason for Advert Date of expiry 
Forres Gazette Departure from development plan
No Premises 06/05/25
PINS Departure from development plan
No Premises
06/05/25 
DEVELOPER CONTRIBUTIONS (PGU)
Status CONT 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? YES 
Summary of main issues raised in each statement/assessment/report
Document Name:  Drainage Assessment - Proposed new dwelling at Wagtail Lodge, Whiteinch
Kinloss 
Main Issues:  Information on the site and proposals drainage
Document Name:  Supporting Statement
Main Issues:  Details of the proposal and the site
Document Name:  Letter from solicitor
Main Issues:  Discussion re access from public road 
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Page 7 of 7 
S.75 AGREEMENT
Application subject to S.75 Agreement  NO
Summary of terms of agreement:   
Location where terms or summary of terms can be inspected:   
DIRECTION(S) MADE BY SCOTTISH MINISTERS (under DMR2008 Regs)
Section 30 Relating to EIA  NO
Section 31 Requiring planning authority to provide information
and restrict grant of planning permission  NO
Section 32 Requiring planning authority to consider the imposition
of planning conditions  NO
Summary of Direction(s)   
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(Page 2 of 3) Ref:  25/00361/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 National Planning Framework (NPF) Policies 13
(Sustainable Transport) and 17 (Rural Homes) and the Moray Local Development
Plan 2020 (MLDP) Policies DP1 (Development Principles) and DP4 (Rural Housing)
for the following reasons: -
• The development would result in an intensification of use of the access junction
onto the public road (U62E Sea Park Road), where there is presently restricted
visibility and which would be likely to give rise to conditions detrimental to the
road safety of road users contrary to NPF Policy 13 (b. vi) and MLDP DP1 (ii a
and c).
• The proposed introduction of a further house in this location alongside existing
housing is considered to constitute an unacceptable cumulative build-up of
housing which will negatively impact the landscape character of this area of
open countryside contrary to the siting requirements of policies NPF 17 and
MLDP DP4.
LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT
The following plans and drawings form part of the decision: -
Reference Version Title
230085.FORBES.03PP E Elevations, Floor Plans, Section, Site and Location Plan
230085.FORBES.04PP E Site and Location Plan
230085.FORBES.05PP E Visibility Splays
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(Page 3 of 3) Ref:  25/00361/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.
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APPENDIX 2 
NOTICE OF REVIEW,
GROUNDS FOR REVIEW &
SUPPORTING DOCUMENTS
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Page 1 of 5
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 100713864-001
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.
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
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
CM Design
Craig
Mackay
South Guildry Street
69
St Brendans
01343540020
IV30 1QN
United Kingdom
Elgin
office@cmdesign.biz
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Page 2 of 5
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: *
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
Other
WAGTAIL LODGE
Moray Council
WHITEINCH SMALL HOLDINGS
FORRES
IV36 3TS
860823 305542
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Page 3 of 5
Description of Proposal
Please provide a description of your proposal to which your review relates. The description should be the same as given in the
application form, or as amended with the agreement of the planning authority: *
(Max 500 characters)
Type of Application
What type of application did you submit to the planning authority? *
 Application for planning permission (including householder application but excluding application to work minerals).
 Application for planning permission in principle.
 Further application.
 Application for approval of matters specified in conditions.
What does your review relate to? *
 Refusal Notice.
 Grant of permission with Conditions imposed.
 No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal.
Statement of reasons for seeking review
You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement
must set out all matters you consider require to be taken into account in determining your review. If necessary this can be provided as a
separate document in the ‘Supporting Documents’ section: * (Max 500 characters)
Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce
all of the information you want the decision-maker to take into account.
You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at
the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that
time or that it not being raised before that time is a consequence of exceptional circumstances.
Have you raised any matters which were not before the appointed officer at the time the  Yes  No
Determination on your application was made? *
If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before
your application was determined and why you consider it should be considered in your review: * (Max 500 characters)
Erection of new house at Wagtail Lodge Whiteinch Small Holdings Forres Moray
Please refer to attached documents
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Page 4 of 5
Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend
to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters)
Application Details
Please provide the application reference no. given to you by your planning
authority for your previous application.
What date was the application submitted to the planning authority? *
What date was the decision issued by the planning authority? *
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.
Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other
parties only, without any further procedures? For example, written submission, hearing session, site inspection. *
 Yes  No
In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion:
Can the site be clearly seen from a road or public land? *  Yes  No
Is it possible for the site to be accessed safely and without barriers to entry? *  Yes  No
Checklist – Application for Notice of Review
Please complete the following checklist to make sure you have provided all the necessary information in support of your appeal. Failure
to submit all this information may result in your appeal being deemed invalid.
Have you provided the name and address of the applicant?. *  Yes  No
Have you provided the date and reference number of the application which is the subject of this  Yes  No
review? *
If you are the agent, acting on behalf of the applicant, have you provided details of your name  Yes  No  N/A
and address and indicated whether any notice or correspondence required in connection with the
review should be sent to you or the applicant? *
Have you provided a statement setting out your reasons for requiring a review and by what  Yes  No
procedure (or combination of procedures) you wish the review to be conducted? *
Note: 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. 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.
Please attach a copy of all documents, material and evidence which you intend to rely on  Yes  No
(e.g. plans and Drawings) 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 (if any) from the earlier consent.
1) 230085.FORBES.03PP E (FP, ELE & Sect) 2) 230085.FORBES.04PP E (Site & Location Plans) 3)230085.FORBES.05PP B
(Visibility Splays) 4) 230085.FORBES.LRB 5) 314613 Whiteinch, Kinloss 6) 2500361APP - DECISION NOTICE - REFUSED
25/00361/APP
15/05/2025
27/03/2025
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Declare – Notice of Review
I/We the applicant/agent certify that this is an application for review on the grounds stated.
Declaration Name: Mr Craig Mackay
Declaration Date: 27/05/2025
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LOCAL REVIEW BOARD
STATEMENT OF APPEAL
Erection of New House 
At Wagtail Lodge, Whiteinch, Kinloss, IV36 3TS 
Highland Office
4 Bridge Street
Nairn
Highlands
IV12 4EJ
t 01667 300230
Head Office - Moray
69 St Brendans
South Guildry Street
Elgin
Moray
IV30 1QN
t 01343 540020
eoffice@cmdesign.biz
w cmdesign.biz
Devon Office
t 01392 345566
Lossiemouth Office
Ellel, James Street
Lossiemouth
Moray
IV31 6BX
t 01343 810175
Existing Wagtail Lodge
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2 230085 – Erection of new house at Wagtail Lodge, Kinloss, IV36 3TS 
C O N T E N T S 
Our Reference:  230085.FORBES
Local Authority: Moray Council
Planning Application Ref: 24/01254/APP
Application Proposal: Erection of 1.5 storey detached house 
Site Address: Wagtail Lodge, Whiteinch, Kinloss, IV36 3TS
Appellants: 
Date Application Validated: 20 August 2024
Council Decision Notice Date: 13 November 2024
Reason for Refusal:  The development would result in an intensification of use of the
access junction onto the public road(U62E Sea Park Roak), would
be likely to give rise to conditions detrimental to the road safety of
road users contrary to NPF policy 13 (b. vi) and MLDP policy DP1 (ii
a and c) given the applicants have failed to demonstrate that the
required visibility splay and upgrade to the access can be
provided. 
The proposed introduction of a further house in this location
alongside existing housing is considered to constitute an
unacceptable cumulative build-up of housing which will negatively
impact the landscape character of this area of countryside
contrary to the siting requirements of policies NPF 17 and MDLP DP4 
Application Drawings &
Supporting Documents:
DOC001 - CMD Drawing – 230085.FORBES.03 PP E
DOC002 - CMD Drawing – 230085.FORBES.04 PP E
DOC003 - CMD Drawing – 230085.FORBES.05 PP B
DOC004 – Mabbett Drainage Report – 313827
DOC005 – Decision Notice
Contents: 
1. Introduction – Page  3
2. Background – Page 4
3. Statement of Case – Page 6
4. Reasons for Refusal – Page 8
5. Conclusion – Page 11  
Page 82

Page 83

3 230085 – Erection of new house at Wagtail Lodge, Kinloss, IV36 3TS
1 – I N T R O D U C T I O N
The following Statement of Case, submitted by CM Design, Town Planning & Architectural
Consultants, has been prepared to support a Local Review Board submission relating to
an:
Erect a new 1.5 storey house to be used in conjunction with, and ancillary to, the
existing holiday accommodation, Wagtail Lodge.
The proposals do not seek to introduce a ‘further house’ but an annex to an already
existing property. The annex will be well screened and will not negatively impact the
established residential area in which it would sit.
The appellants are committed to biodiversity and intend to plant further trees thereby
further minimizing any impact of the annex as the trees achieve maturity.
It should also be noted that there were no neighbour objections to the proposals.
The existing holiday home, Wagtail Lodge, obtained Planning consent on the 9th of June,
2021. Originally, the appellants had intended to use the Holiday home infrequently in-line
with the Planning Conditions, however, their circumstances have since altered and they
wish to spend more than three months of the year, at Wagtail Lodge, next door to the
appellant’s sister.
The appellants seek to erect a new 1.5 storey Annex within the grounds of the existing
Holiday Home to allow them to reside, near family, at Wagtail Lodge for more than three
months of the year.
The proposed property would be associated with the existing Holiday Home which would
then be used by the appellants’ children & friends when visiting.
Wagtail Lodge
Existing Wagtail Lodge
Proposed House
Page 83

Page 84

4 230085 – Erection of new house at Wagtail Lodge, Kinloss, IV36 3TS 
The use of the existing, and well used, access road half a mile from the proposals will not
be intensified by the proposals, and the appellant will upgrade the existing access in
accordance with Moray Council Standards. 
The proposals are not for a ‘further house’ in ‘open countryside’, but an annex to an
existing property within an established development of residential properties. 
2 – B A C K G R O U N D        
The existing site extends to around 4,286m2
with the existing Holiday Home located
toward the Eastern boundary of the site. 
Despite being classed as ‘open
countryside’, Whiteinch more closely
resembles the settlement patterns seen in
nearby rural groupings and currently
includes in excess of ten residential
dwellings of various ages and styles. 
The site is located outwith any designated
Significant Landscape Area and is not
within any area considered to be “Highly
Pressurised or Sensitive” in accordance
with MLDP 2020 DP4.
The Site is well bounded by mature trees,
neighbouring properties, and the Main                  
Aberdeen to Inverness train line to the South. 
Previous Planning history for the parent property ‘’Wagtail Lodge’’ and land associated
includes the following -    
21/00606/APP – Erect 1 No. Holiday Chalet at land by Copperfield, Kinloss, Forres
Application Approved 09.06.21
22/01140/APP – Reduce size of site approved under ref: 21/01505/APP to erect dwelling
house at Copperfield, Kinloss, Forres Application Approved 02.12.22
23/02065/APP – Erect Dwellinghouse and associated infrastructure linked to existing
holiday home at Wagtail Lodge, Whiteinch. Application Withdrawn to seek Visibility Splay
Resolution 27.02.24
23/0101254/APP – Erect Dwellinghouse attached to existing holiday home at Wagtail
Lodge, Whiteinch. Application Refused 13.11.24
25/00361/APP – Erect Dwellinghouse attached to existing holiday home at Wagtail Lodge,
Whiteinch. Application Refused 15.05.25 
Application 23/02065/APP was withdrawn in response to the consultation process with the
Transport department, as the appellant was keen to seek either: 
• consent from the Landowners to relocate their boundary fences outwith the
proposed visibility splay, 
• or to purchase the land in question and move the fences himself in order to
accommodate the required visibility splays. 
Whiteinch Area
Existing Lodge 
Existing
Access
Page 84

Page 85

5 230085 – Erection of new house at Wagtail Lodge, Kinloss, IV36 3TS 
Despite multiple attempts, all efforts to either negotiate relocation of the fences, or sale of
the land, were strongly rebuffed by the landowners of the land adjacent to the existing
access.
As a result, the appellant then prepared the reapplication 23/0101254/APP offering to
upgrade the existing access road but explaining that the visibility splays themselves could
not be fully created due to the Landowners resistance.   The appellant also instructed a
GPS survey to accurately identify the areas of encroachment on the visibility splays.  The
area of encroachment was found to be extremely minimal, and not for the full distance of
the required splay: 
The appellants’ need of a home at Whiteinch is pressing, and they are keen to establish a
permanent, compliant home next door to Mrs. Forbes’ sister.  Mrs. Forbes Brother-in-law
now requires full time care, and Mrs. Forbes has been key in supporting her sister during this
time.  The Forbes have horses on neighbouring ground at Whiteinch and require close
proximity to oversee the horses care.  The Forbes have lived at Whiteinch for over 40 years
and have had family at Whiteinch since the 1930s when property No. 14. of 9.5 acres was
acquired from the Department of Agriculture. 
Street View to Kinloss Street View to Forres
Visibility Splays
Page 85

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6 230085 – Erection of new house at Wagtail Lodge, Kinloss, IV36 3TS 
3 – S T A T E M E N T  O F  C A S E 
Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 (as amended)
requires applications to be determined in accordance with the Development Plan unless
material considerations indicate otherwise. 
Development plan policies outline that extensions to dwellinghouses will be acceptable,
where proposals respect the character and amenity of the surrounding area and can be
adequately served in terms of infrastructure.    Rather than erect a new detached dwelling,
the proposals seek to provide a 2 bed annex to the existing 2 bed Holiday Home in order
to increase its utility, allowing friends and family to more comfortably visit. 
NPF4 policy 14 & 16 seeks to encourage, promote, and facilitate well designed
development that makes successful places by taking a design-led approach and
applying the 6 qualities of successful places, healthy, pleasant, distinctive, connected,
sustainable and adaptable qualities to the proposed development. 
The site is located within an existing rural group of dwellings.  Although the site is within an
area officially classed as open countryside, the proposed house site is surrounded by both
long established and newly built residential properties. 
In accordance with DP4 the Proposed House would sit comfortably amongst the existing
rural grouping of properties in the area, and reflects the housing pattern of the wider area. 
The rural character of the area would continue to be prevalent. 
The proposals have been sited for minimum impact, and the already well-bounded site
will be further Landscaped to increase natural screening and biodiversity within the site. 
It is proposed to further increase the wooded
areas within the site, providing additional
screening as the existing and proposed planting
reach maturity.  Increased screening and
biodiversity is proposed by planting 5 new
Hawthorn trees to the Southern boundary of the
site, and 5 new Silver Birch Trees to the Western
Boundary.
To enhance bio-diversity values associated with
the development, a portion of the landscaping
associated with the new building will be seeded
with wildflower seeds providing a variance of
colour over all 4 seasons as well as also being an
important nectar source, all of which will further
enhance the biodiversity of the site. 
Proposed House
Existing Wagtail Lodge
Page 86

Page 87

7 230085 – Erection of new house at Wagtail Lodge, Kinloss, IV36 3TS
The proposals do not seek to erect a new
independent home, but a two-bedroom
main residence associated with the
already existing two-bedroom Holiday
Home. The appellants wish to live for more
than three months of the year at Whiteinch,
and due to the conditions in place on the
existing Holiday home, they must erect a
new home to do so.
To avoid increased use of the existing
access junction onto the Public road, the
appellants are happy to restrict use of the
existing holiday home to family & friends
only.
4 – R E A S O N S F O R R E F U S A L
Reason 1. The development would result in an intensification of use of the access junction
onto the public road (U62E Sea Park Road), where there is presently restricted visibility and
which would be likely to give rise to conditions detrimental to the road safety of road users
contrary to NPF Policy 13 (b. vi) and MLDP DP1 (ii a and c).
These proposals would represent NO increased burden on the existing junction, or traffic
flow.
The Appellants’ chief goal is to occupy their site at Wagtail Lodge for more than three
months of the year, in a compliant fashion. To prevent any intensification of use of the
existing access road, the appellants are happy to restrict use of the Holiday home to
friends and family only, who would visit the existing site regardless.
The junction in question is almost half a mile from the appellants’ existing house, and is used
by more than ten existing properties, without incident.
A review of CrashMap, (see attached image), confirms no incidents in the last 24 years in
the vicinity of the existing access or stretch of road each side of the existing access.
Existing Wagtail Lodge
Existing Wagtail Lodge
Page 87

Page 88

8 230085 – Erection of new house at Wagtail Lodge, Kinloss, IV36 3TS
The entrance to the existing access is worn and potholed. The appellant offers to upgrade
the first 5 meters of the existing access, to Moray Council specification, and maintain the
visibility splays outwith the Landowners property.
Although the access road has been used, without incident, by more than ten properties
shared maintenance issues have been a barrier to upgrading the road in the past, and
the willingness of the appellant to upgrade the access road entrance, at his own cost,
would significantly improve the existing access road condition for all properties it currently
serves.
As the access in question is almost half a mile from the appellant’s home, his influence can
do no more, despite lengthy attempts on his part.
Reason 2. The proposed introduction of a further house in this location alongside existing
housing is considered to constitute an unacceptable cumulative build-up of housing
which will negatively impact the landscape character of this area of open countryside
contrary to the siting requirements of policies NPF 17 and MLDP DP4.
The application of MDLP DP4 policy in this location fails to accurately consider the nuances
of the area. Although Whiteinch falls into an area officially classified as ‘Open
Countryside’, Whiteinch itself is in reality demonstrably not ‘Open Countryside’. There is
significant existing development in the area, much of which has stood for decades. The
landscape character of this area is not that of ‘Open Countryside’, it is that of a rural
grouping. In accordance with DP4 the proposed Annex would sit comfortably amongst
the existing rural grouping of properties in the area, and reflects the housing pattern of the
wider Whiteinch area. The existing character of the area would remain intact.
The proposals do not seek to introduce a ‘further house’ but an annex to an already
existing property. The annex will be well screened and will not negatively impact the
established residential area in which it would sit.
The appellants are committed to biodiversity and intend to plant further trees thereby
further minimizing any impact of the annex as the trees achieve maturity.
It should also be noted that there were no neighbour objections to the proposals.
Page 88

Page 89

9 230085 – Erection of new house at Wagtail Lodge, Kinloss, IV36 3TS 
5 – C O N C L U S I O N 
This Statement of Case has established the following: 
The use of the existing, and well used, access road half a mile from the proposals will not
be intensified by the proposals, and the appellant will upgrade the existing access in
accordance with Moray Council Standards. 
The proposals are not for a ‘further house’ in ‘open countryside’, but an annex to an existing
property within an established development of residential properties. 
In conclusion, based on the proposals submitted, the appellant would assert that the
proposals provide a development with character, identity and a sense of place which is
complementary and functional to the existing dwelling and garden grounds. 
The proposal demonstrates the qualities of Placemaking and Successful Places as required
within MLDP 2020, delivering a development which is of a scale and density suitable to the
wider setting and protects existing amenity levels currently afforded. 
The appellant respectfully requests that detail of this case be fully considered and the
Appeal to approve this application be upheld. 
M Ellerby
Architectural Designer
CM Design 
Page 89

Page 90

Page 90

Page 91

Oikos Architectural Ltd Registered in Scotland No. 272963
2
Drain
3
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5
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3.750
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oad
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3.733
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3.763
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Visibility Splays
Scale: 1:500
ROAD
VISIBILITY SPLAY SET BACK 2400m
m
('X' DISTANCE)
FROM
EDGE OF CARRIAGEW
AY. VISIBILITY SPLAY TO
THE EAST
&
W
EST ('Y' DISTANCE) SET AT 120000m
m
M
EASURED
TO
THE
NEARER EDGE OF THE M
AIN
ROAD
TO
ITS INTERSECTION
W
ITH
THE CENTRE LINE OF THE ACCESS ('X' DISTANCE).
VISIBILITY SPLAY TO
THE EAST &
W
EST TO
BE CLEAR OF ANY
OBSTRUCTION
GREATER THAN
0.6m
IN
HEIGHT M
EASURED
FROM
THE LEVEL OF THE CARRIAGEW
AY.  ANY BOUNDARIES
TO
BE SET BACK OUTW
ITH
THE VISABILITY SPLAYS.
N
AREA
HATCHED
IN
BLUE TO
BE CONSTRUCTED
TO
M
ORAY
COUNCIL SPECIFICATION
AND
SURFACED
IN
BITUM
INOUS
M
ACADAM
ACROSS THE FULL W
IDTH
OF THE ROAD, FOR A
M
INIM
UM
OF 5m
AREA
SHADED
IN
BLUE DENOTES THE AREA
OF
ENCROACHM
ENT REQUIRING
RELOACTION
OF THE
EXISTING
FENCE LINE
61775
56040
1700
1700
To
Site
To
Kinloss
To
Forres
M
r. Forbes
M
.D
08.11.23
27.03.24
GPS info
added
B
3
3.9m
3.750
3.750
3.750
3.500
3.500
4.000
Road Sign
Electricity Pole
Electricity Pole
3.763
3.880
3.734
3.688
3.677
3.726
3.732
3.604
3.572
3.475
3.753
3.680
3.730
3.679
3.705
3.727
3.668
3.738
3.767
3.781
3.716
3.705
3.721
3.463
3.505
3.557
3.641
3.646
3.637
3.676
3.733
3.722
3.748
3.742
3.786
3.859
Tree line
4.000
4.000
4.000
Road Sign
Electricity
Electricity
Electricity
3.763
3.880
3.705
3.721
3.721
3.721
3.721
3.721
3.721
3.7213.722
3.748
3.742
3.742
3.742
3.742
3.742
3.742
3.786
3.859
3.727
3.668
3.668
3.463
3.505
3.505
3.557
3.641
3.646
3.637
3.676
3.733
3.733
Electricity
Electricity
3.763
3.880
Visibility Splays
Scale: 1:200
61775
56040
1700
1700
To
Site
To
Kinloss
To
Forres
Street View
to
Kinloss
Street View
to
Forres
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Oikos Architectural Ltd Registered in Scotland No. 272963
M
r. Forbes
M
.D
08.11.23
2134x915mm
Mod 10 external
door set
M
od
10 external
door set
Mod 10 external
door set
MDB
EV
glass screen
W
alk-in shower
Proposed
Ground
Floor Plan
Scale: 1:50
Bench
Boot Room Storage
Vestibule
Ground
gently graded
to
level landing
platt
Plant Room
Utility
Kitchen
Living
Room
Hall
Bathroom
Up
Approx. 103m
2
Concealed
double-door
entrance
1800
11535
5370
37951460
1800
3285
Stove
Existing Holiday Home
Existing Holiday Home
Therm
ally Divided
Glazed
Link
ASHP
A:A
A:A
Sliding Door
2083x864mm
Proposed
First Floor Plan
Scale: 1:50
Approx. 62m
2
Rooflight Balcony
Rooflight Balcony
Ensuite
Bedroom
2.
Bedroom
1.
Ensuite
W
ardrobe
W
ardrobe
Flue
Down
Hall
Rooflight
Rooflight
1600
3468
3229
3468
4874
2747
Store
4420
1625
3440
2m
Head
Height
Coom
b
Therm
ally Divided
Glazed
Link
Existing Holiday Home
Existing Holiday Home
A:A
French Doors with Juliet Balcony
A:A
Rooflight
Rooflight
Proposed
W
est Elevation
Scale: 1:100
Proposed
House
Proposed
Link
Existing
Holiday Hom
e
Ridge
Height 6306
Solar Array
Proposed
East Elevation
Scale: 1:100
Proposed
House
Proposed
LinkExisting
Holiday Hom
e
Ridge
Height 6306
Proposed
South Elevation
Scale: 1:100
Ridge
Height 6306
Proposed
North Elevation
Scale: 1:100
Glazed
Link om
ited
for clarity
Ridge
Height 6306
1.
AluClad, graphite, double
glazed
windows and
doors.
2.
Steel Roof
3.  Therom
pine
Cladding
W
alls
4.  Graphite
Fascias and
bargeboards
*
All rainwater goods to
be
Lindab
Stainless
steel.
Location Plan
NTS
Rooflight Balcony Exam
ple
Concealed
Door Exam
ple
Glazed
Link Exam
ples
Proposed
Section A:A
Scale: 1:100
Lounge
Vestibule
Hall
Hall
St.
27.11.23
Planning
Am
ends
C
22.01.24
Drainage
Am
ends
D
Sherwood
Fairfield
14
860800
860850
305500
Sherwood
Sherwood
Sherwood
Sherwood
Sherwood
Sherwood
Site
Plan
Scale: 1:1000
W
agtail Lodge
Area
Hatched
Blue
denotes
area
under client's control
Area
Hatched
Blue
denotes
area
under client's control
08.08.24
Site
Plan Am
ends
E
Page 93

Page 94

Page 94

Page 95

Oikos Architectural Ltd Registered in Scotland No. 272963
Sherwood
Fairfield
14
860800
860850
305500
Sherwood
Sherwood
Sherwood
Sherwood
Sherwood
Sherwood
Site
Plan
Scale: 1:1000
W
agtail Lodge
Area
Hatched
Blue
denotes
area
under client's control
Area
Hatched
Blue
denotes
area
under client's control
Fairfield
305500
Site
Plan
Scale: 1:250
W
agtail Lodge
New
Hardstanding
Existing
Holiday Hom
e
Proposed
House
Existing
Access
Terrace
New
Glazed
Link
New
Access
M
ains Electricity &
Data
Entry to
Vestibule
M
ains W
ater Entry
To
Plant Room
EV
Space
Datum
+10.00
Finished
floor Level 150m
m
above
ground
level +10.15
M
inim
um
3 No. parking
spaces to
be
provided
with sufficient space
for turning. 
1 No. Electic
Vehicle
charging
space
provided
New
planting
in accordance
with
Approved
planning
Application
21/00606/APP
Land
Owned
by Applicant
Land
Owned
by Applicant
Land
Owned
by Applicant
Fairfield
Existing
W
ild
Flower
M
eadow
Existing
Beech
Hedge
approx 2m
high
Existing
W
illow
Hedge
approx 1m
high
Existing
W
illow
Hedge
approx 1m
high
Existing
W
illow
Hedge
approx 1m
high
Existing
Laurel &
Acer Border
Established
M
ature
Spruce
Trees
Established
M
ature
Spruce
Trees
Salix Babylonica
Existing
Quercus Robur
Existing
Fagus Sylvatica
Existing
Betula
Pendula
Existing
Prunus Avium
Existing
Sorbus Aucuparia
Existing
Am
alanchier
Existing
M
alus Sylvestris
Proposed
Orchard
Existing
Am
alanchier
Existing
M
alus Sylvestris
Existing
M
alus Dom
esticaExisting
M
alus Dom
estica
Proposed 5 No. Hawthorn Trees
Proposed 5 No. Betula Pendula
Existing
M
alus Sylvestris
GFL +10.15
Sherw
ood
Fairfield
14
860800
860850
305500
305550
Location Plan
Scale: 1:2500
M
r. Forbes
M
.D
08.11.23
27.11.23
Planning
Am
ends
C
22.01.24
Drainage
Am
ends
D
11.06.24
Landscape
Am
ends
E
Location
NTS
Page 95

Page 96

Page 96

Page 97

(Page 1 of 3)  Ref:  25/00361/APP 
MORAY COUNCIL
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997,
as amended 
REFUSAL OF PLANNING PERMISSION 
[Forres]
Application for Planning Permission 
TO 
c/o C M Design 
St Brendans 
69 South Guildry Street 
Elgin 
Moray 
IV30 1QN 
With reference to your application for planning permission under the above
mentioned Act, the Council in exercise of their powers under the said Act, have
decided to REFUSE your application for the following development: - 
Erection of new house at Wagtail Lodge Whiteinch Small Holdings Forres
Moray 
and for the reason(s) set out in the attached schedule. 
Date of Notice:  15 May 2025 
HEAD OF ECONOMIC GROWTH AND DEVELOPMENT
Economy, Environment and Finance
Moray Council
Council Office
High Street
ELGIN
Moray      
IV30 1BX
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(Page 2 of 3)  Ref:  25/00361/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 National Planning Framework (NPF) Policies 13
(Sustainable Transport) and 17 (Rural Homes) and the Moray Local Development
Plan 2020 (MLDP) Policies DP1 (Development Principles) and DP4 (Rural Housing)
for the following reasons: -  
• The development would result in an intensification of use of the access junction
onto the public road (U62E Sea Park Road), where there is presently restricted
visibility and which would be likely to give rise to conditions detrimental to the
road safety of road users contrary to NPF Policy 13 (b. vi) and MLDP DP1 (ii a
and c). 
• The proposed introduction of a further house in this location alongside existing
housing is considered to constitute an unacceptable cumulative build-up of
housing which will negatively impact the landscape character of this area of
open countryside contrary to the siting requirements of policies NPF 17 and
MLDP DP4. 
LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT 
The following plans and drawings form part of the decision: - 
Reference Version Title
230085.FORBES.03PP E Elevations, Floor Plans, Section, Site and Location Plan
230085.FORBES.04PP E Site and Location Plan
230085.FORBES.05PP E Visibility Splays 
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(Page 3 of 3)  Ref:  25/00361/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. 
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Mabbett & Associates Ltd, Corporate and Registered Office: 13 Henderson Road, Inverness, UK, IV1 1SN
Registered in Scotland No: SC 163378 info@mabbett.eu www.mabbett.eu
Belfast  |  Cardiff  |  Dublin  | Dundee  |  Edinburgh  |  Glasgow  |  Inverness  | Leicester  |   Liverpool  
© 2024, Mabbett & Associates Ltd. All Rights Reserved. The name Mabbett and the Mabbett logo are Trade Marks licensed to Mabbett & Associates Ltd. 
12 October 2023 
Project No: 313827 
Drainage Assessment: 
Proposed New Dwelling at Wagtail Lodge, Whiteinch, 
Kinloss, IV36 3TS 
Prepared for: 
Proposed New Dwelling at Wagtail Lodge
Whiteinch
Kinloss
IV36 3TS 
Contents Amendment Record 
This report has been issued and amended as follows: 
Revision Description Date Signed
1.0 First Issue 23 January 2024 G Mackintosh 
Page 101

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Proposed New Dwelling at Wagtail Lodge, Whiteinch, Kinloss 314613
© 2024, Mabbett & Associates Ltd Page i
Acknowledgement 
This report has been prepared for the sole and exclusive use of Mr Forbes in accordance with the scope
of work presented by Mabbett & Associates Ltd (Mabbett) via email dated 22 January 2023. This report is
based on information and data collected by Mabbett. Should any of the information be incorrect, incomplete
or subject to change, Mabbett may wish to revise the report accordingly. 
This report has been prepared by the following Mabbett personnel: 
MABBETT & ASSOCIATES LTD 
Gary Mackintosh BSc
Principal Engineer 
This report has been reviewed and approved by the following Mabbett personnel: 
MABBETT & ASSOCIATES LTD    
David Clark, BSc (Hons)
Project Manager and Environmental Consultant 
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Proposed New Dwelling at Wagtail Lodge, Whiteinch, Kinloss 314613
© 2024, Mabbett & Associates Ltd Page ii
Table of Contents 
Section 1.0 Introduction 1
1.1 Introduction to Sewage Treatment 1
1.2 Introduction to Surface Water Treatment 1
Section 2.0 Site Profile and Ground Conditions 3
2.1 Topography and Local Drainage 3
2.2 Investigation and Findings 3
2.3 Location of Services 3
2.4 Other Implications of Plot Size or Vegetation 3
Section 3.0 Sewage Treatment 4
3.1 Recommendation - Sewage Effluent 4
3.2 Minimum System Requirements – Biological Treatment 4
3.3 Partial Soakaway 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: Location Plan 8
Appendix 2: Surface Water Storage Calculations 9
Appendix 3: Foul and Surface Water Drainage Details 10 
Page 103

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Proposed New Dwelling at Wagtail Lodge, Whiteinch, Kinloss 314613
© 2024, Mabbett & Associates Ltd Page 1 of 6
Section 1.0 Introduction 
Mabbett & Associates Ltd (Mabbett) was commissioned by Mr James Gibb to undertake an assessment
of the sewage and surface water treatment and management options for two, 4-bedroom private dwellings
to be located within land adjacent to Sornhill Row, Galston, KA4 8NF (NGR 251340 634430). 
It was known a Scottish Water sewer connection was not available thus a private treatment and disposal
solution had to be secured. 
1.1 Introduction to Sewage Treatment
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. The ground conditions were
not favourable and so an option involving the discharge of appropriately treated sewage effluent to a
watercourse was sought. 
1.2 Introduction to Surface Water Treatment
With regard to surface water treatment and dispersal, Regulation 3.6 of the Building (Scotland) Regulations
2004, as reproduced below, states that: 
Every building and hard surface within the curtilage of a building, must be designed and
constructed with a surface water drainage system that will: 
(a) ensure the disposal of surface water without threatening the building and the health and
safety of the people in and around the building; and
(b) have facilities for the separation and removal of silt, grit and pollutants. 
Section 3.6.3 of the Technical Handbook provides methods of discharging surface water that, if employed,
would meet the requirements of the authorities. 
With regard to SEPA’s requirements, General Binding Rule (GBR) 10, in pursuance of the Water
Environment (Controlled Activities) (Scotland) Regulations 2011, states that the provision of a sustainable
urban drainage system (SUDS) is required unless the discharge arises from a single house or if the
discharge is to be made to coastal waters. GBR10 and the relevant associated rule is outlined overleaf. 
Page 104

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Proposed New Dwelling at Wagtail Lodge, Whiteinch, Kinloss 314613
© 2024, Mabbett & Associates Ltd Page 3 of 6
Section 2.0 Site Profile and Ground Conditions 
2.1 Topography and Local Drainage
The proposals are to erect a new 3 bed private property located to the southeast of Copperfield,
Whiteinch, Kinloss together with all required infrastructure. 
The SEPA Flood Maps have been consulted which indicate that the site lies out with any areas of fluvial
and pluvial flooding up to and including a 1:200year event. 
A site investigation was previously completed by GMC Surveys in order to assess the existing ground
conditions to provide a solution for the drainage requirements. 
A Flood Risk Assessment is to be issued in conjunction with this report to assess the impact of the existing
watercourse on the proposed development and wider area. 
2.2 Investigation and Findings
A desktop study based on the outcome of a site visit by GMC Surveys on 23 January 2024 was undertaken
by Mabbett. The information obtained from that visit formed the basis of this report. 
Consideration of the British Geological Survey map of the area suggested the site was likely to be underlain
by boulder clay which was unlikely to yield sufficient permeability to allow for the use of infiltration devices
such as total soakaways or raised mound infiltration systems the would be compliant with the Technical
Handbook and BS6927:2007. In addition, as a result of the proximity and relatively low elevation of the
site to the adjacent watercourse, it was concluded the only feasible alternative treatment and disposal
solution would be to achieve a discharge to the existing watercourse at a suitable location. 
2.3 Location of Services
There are overhead power lines located within and adjacent to the site the locations of which are shown within
Appendix 1. There are no other known services within the site boundary. 
2.4 Other Implications of Plot Size or Vegetation
Any infiltration device for sewage or wastewater must be located:
 at least 50m from any spring, well or borehole used as a drinking water supply, and
 at least 10m horizontally from any watercourse (including any inland or coastal waters), permeable
drain, road or railway. 
Any infiltration system and any treatment plant must also be located:
 at least 5m from a building, and
 at least 5m from a boundary. 
The location of any septic tank or treatment plant must ensure that a desludging tanker can gain access
to a working area that: 
 will provide a clear route for a suction hose from the tanker to the tank,
 is not more than 25 m from the tank where it is not more than 4m higher than the invert level of the tank,
and
 is sufficient to support a vehicle axle load of 14 tonnes. 
There should be no notable vegetation that might interfere with any system proposed or vice versa. 
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Proposed New Dwelling at Wagtail Lodge, Whiteinch, Kinloss 314613
© 2024, Mabbett & Associates Ltd Page 4 of 6
Section 3.0 Sewage Treatment 
3.1 Recommendation - Sewage Effluent
Following consideration of the outcome of the site investigations Mabbett recommend that treated sewage
effluent be discharged to the watercourse that exists southwest of the site at approximately NGR NJ 50390
60712 as indicated within Appendix 1.
Foul drainage from the development should be treated by way of an EN12566 complaint biological
treatment plant which can achieve an effluent quality of the order of 12mg/l BOD and 5mg/l Ammonia, both
as a mean. The discharge should be made via an outfall incorporating 25m² of constructed partial
soakaway for each dwelling, see 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 15 or less, a Registration must be obtained for each dwelling
before making a discharge from the development. 
3.2 Minimum System Requirements – Biological Treatment
The size of the biological treatment plant required to treat the sewage that would be generated by each
dwelling was calculated according to recognised industry figures as shown in Table 1 below. 
Table 1 – Effluent Flows and Loads Figures
Development Maximum
Occupancy
Daily Flow
(litres/person)
BOD loading
per person
(g/day)
Treatment capability
required (kg
BOD/day)
3-bedroom dwelling  5 150  60 0.3
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 0.3 kg BOD/day
will be required each dwelling. Consideration should be given to installing a larger capacity system to
accommodate potential future expansion of the development. 
The indicative foul drainage layout for each of the two dwellings is shown within Appendix 1. 
Page 107

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Proposed New Dwelling at Wagtail Lodge, Whiteinch, Kinloss 314613
© 2024, 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 dwelling and associated hardstandings. 
4.2 Recommendation - Surface Water
It is proposed that the surface water is also to discharge to the existing Water Course. 
Prior to discharge the surface waters will require to be stored, treated, and attenuated to a pre - determined
rate to ensure the post development runoff does not exceed the pre - development rate. 
In line with The Moray Council Flood Risk Management Teams current policy, it is proposed to discharge
the surface waters to a rain garden providing a sustainable method of surface water management. The
rain garden will have stone filled storage beneath sized to accommodate flows up to and including a 1:200
year event with 42% allowance for climate change. 
The calculation sheets below indicate a minimum storage of 6.60m3 based on a contributing area of 200m2
(proposed roof area with extra over) with the discharge limited to 0.5l/s. 
Allow for a depth of 1.0m maximum of 30% storage within 40mm Stone = 6.60 / 0.3 = 22.0m2. 
I can therefore confirm that there is adequate space available within the site to accommodate the proposed
rain garden. 
The plan view of the rain garden will form an irregular shape ensuring that the depth remains as 1.0m of
storage below the invert of the inlet and the overall area is equal to a minimum of 22.00m2. 
Typical details for the rain garden have been included within Appendix 3. 
Page 108

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Proposed New Dwelling at Wagtail Lodge, Whiteinch, Kinloss 314613
© 2024, 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 109

Page 110

© 2024, 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 9.2, December 2022. 
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 110

Page 111

© 2024, Mabbett & Associates Ltd Appendix 1
Appendix 1: Location Plan 
Page 111

Page 112

EP
5.29
5.43
5.30 5.28
5.37
5.22
5.14
5.16
5.07
5.20
5.08
5.08
5.035.12
5.09
5.06
5.08
5.15
5.21
5.27
5.20
5.09
4.98
4.93
4.90
5.04
5.27
5.01
4.97
4.92
5.055.00
5.03
4.98
5.06
5.11
5.07
5.05
5.04
4.97
5.10
5.23
5.01
5.08
5.15
5.11
5.09
5.15
5.10
5.10
5.04
5.06
5.07
5.14
5.25
5.27
5.30
5.33
5.23
5.08
5.08
5.09
5.07
5.17
5.27
5.29
5.26
5.31
5.19
5.08
5.09
5.13
5.07 5.11
5.19
5.18
5.11
5.17
5.32
5.40
5.38 5.33
5.38 5.28
5.17
5.28
5.22
5.30
5.27
5.34
5.15
5.09
5.09
4.99
5.04
5.05
5.07
5.07
5.20
5.08
5.14
5.19
5.28
5.16
5.10
5.09
5.05
5.01
5.01
5.03
5.01
5.01
5.115.30
5.01
4.99
5.27
5.23
5.27
5.26
5.30
5.29
5.28
5.28
5.27
5.31
5.32
5.33
5.52
5.30
5.40
5.36
5.28
5.30
5.03
5.20
5.36
5.29
5.12
5.15
5.26
5.345.30
5.07
5.23
5.27
5.17
5.22
5.24 5.30
5.23
5.34
5.34
5.44
5.32
5.35
5.40
5.40
5.62
5.61
5.63
5.67
5.42
5.52
5.66
5.65
5.59
5.59
5.55
5.57
5.63
5.67
5.53
5.52
5.51
5.52
5.00
4.92
5.09
5.18
5.18
5.26
5.21
5.20
5.20
5.01
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
Fairfield EP
5.29
5.43
5.30
5.37
5.22
5.07
5.20
5.08
5.08
5.035.12
5.09
5.06
5.08
5.15
5.21
5.27
5.09
4.98
4.93
4.90
5.04
5.27
5.01
4.97
4.92
5.055.00
5.03
4.98
5.06
5.11
5.07
5.05
5.04
4.97
5.10
5.23
5.01
5.08
5.15
5.11
5.09
5.15
5.10
5.10
5.04
5.06
5.07
5.14
5.25
5.27
5.30
5.33
5.23
5.08
5.08
5.07
5.17
5.27
5.29
5.26
5.31
5.08
5.09
5.13
5.07 5.11
5.19
5.18
5.11
5.17
5.32
5.40
5.38 5.33
5.38 5.28
5.17
5.28
5.22
5.30
5.27
5.34
5.09
5.09
4.99
5.04
5.05
5.07
5.07
5.20
5.08
5.195.28
5.16
5.09
5.05
5.01
5.01
5.03
5.01
5.115.30
5.01
4.99
5.27
5.23
5.27
5.26
5.30
5.29
5.28
5.28
5.27
5.31
5.32
5.33
5.52
5.30
5.40
5.36
5.28
5.30
5.20
5.29
5.12
5.15
5.26
5.345.30
5.07
5.23
5.27
5.22
5.24 5.30
5.23
5.34
5.34
5.44
5.32
5.35
5.40
5.40
5.62
5.61
5.63
5.67
5.42
5.52
5.66
5.65
5.59
5.59
5.55
5.57
5.63
5.67
5.53
5.52
5.51
5.52
5.00
4.92
5.09
5.18
5.18
5.26
5.21
5.20
5.20
5.01
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
EP
5.29
5.22
5.07
5.08
5.08
5.035.12
5.09
5.06
5.08
5.15
5.21
5.27
4.93
4.90
5.04
5.27
5.07
5.05
5.04
4.97
5.10
5.23
5.01
5.08
5.15
5.11
5.09
5.15
5.10
5.10
5.04
5.06
5.07
5.14
5.25
5.27
5.30
5.33
5.23
5.08
5.08
5.07
5.17
5.27
5.29
5.31
5.08
5.13
5.07 5.11
5.19
5.18
5.11
5.17
5.32
5.33
5.38 5.28
5.17
5.28
5.30
5.27
5.23
5.27
5.26
5.30
5.29
5.28
5.28
5.27
5.31
5.32
5.33
5.52
5.30
5.40
5.20
5.29
5.15
5.26
5.345.30
5.22
5.24 5.30
5.23
5.34
5.34
5.44
5.32
5.35
5.40
5.40
5.62
5.61
5.63
5.67
5.42
5.52
5.66
5.65
5.59
5.59
5.55
5.57
5.63
5.67
5.53
5.52
5.51
5.52
5.26
5.21
5.20
5.20
5.00
5.00
5.00
5.00
5.00
AREA OWNED BY APPLICANT
EP
5.29
5.43
5.30
5.37
5.22
5.14
5.07
5.20
5.08
5.08
5.035.12
5.09
5.06
5.15
5.21
5.27
5.09
4.98
4.93
4.90
5.04
5.27
5.01
4.97
4.92
5.055.00
5.03
4.98
5.06
5.11
5.07
5.05
5.04
4.97
5.10
5.23
5.01
5.08
5.15
5.11
5.09
5.15
5.10
5.10
5.04
5.06
5.07
5.14
5.25
5.27
5.30
5.33
5.23
5.08
5.08
5.17
5.27
5.29
5.26
5.31
5.13
5.07 5.11
5.19
5.18
5.17
5.32
5.40
5.38 5.33
5.38 5.28
5.17
5.28
5.22
5.30
5.27
5.34
5.09
5.09
4.99
5.04
5.05
5.07
5.07
5.20
5.08
5.14
5.19
5.28
5.16
5.09
5.05
5.01
5.01
5.03
5.01
5.01
5.115.30
5.01
4.99
5.27
5.23
5.27
5.26
5.30
5.29
5.28
5.28
5.27
5.31
5.32
5.33
5.52
5.30
5.40
5.36
5.28
5.30
5.20
5.29
5.12
5.15
5.26
5.345.30
5.07
5.23
5.27
5.17
5.22
5.24 5.30
5.23
5.34
5.34
5.44
5.32
5.35
5.40
5.40
5.62
5.61
5.63
5.67
5.42
5.52
5.66
5.65
5.59
5.59
5.55
5.57
5.63
5.67
5.53
5.52
5.51
5.52
5.00
5.09
5.18
5.18
5.26
5.21
5.20
5.20
5.01
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
Existing Track
Existing Track
DO
NOT
SCALE
FROM
THIS
DRAW
ING, IF
IN
DOUBT
PLEASE
ASK.
ALL DIMENSIONS
TO
BE
CHECKED
ON
SITE
PRIOR
TO
COMMENCEMENT.
THIS
DRAW
ING
IS
THE
COPYRIGHT
OF
MABBETT
&
ASSOCIATES
LTD
Client
Project
Drawing No:
Scale
Drawing
Rev
Drawn
Status
Sheet
Check
Date
W
illow
House
Stoneyfield Business Park
Inverness 
IV2 7PA
Tel: 01463 237229
www.mabbett.eu
Description
Date
Rev.
Drawn
GM
23/01/24
SU001
X
314613
A3
SPNTS
Issue
Discharge Location
Location Plan/
Kinloss
Whiteinch
New House at Wagtail Lodge
Mr Forbes
-
-
-
-
Existing Ditch/Proposed Outfall
TP01
TP02
Discharge route
Page 112

Page 113

© 2024, Mabbett & Associates Ltd Appendix 3
Appendix 2: Surface Water Storage Calculations 
Page 113

Page 114

MabbeƩ & Associates Ltd File:
Network: Storm Network
Gary Mackintosh
24/01/2024
Page 1
Proposed Dwelling at
Whiteinch, Kinloss
Flow+ v10.6.234 Copyright © 1988-2024 Causeway Technologies Ltd
Design Seƫngs
Rainfall Methodology
Return Period (years)
AddiƟonal Flow (%)
FSR Region
M5-60 (mm)
RaƟo-R
CV
Time of Entry (mins)
FSR
0
Scotland and Ireland
0.750
Maximum Time of ConcentraƟon (mins)
Maximum Rainfall (mm/hr)
Minimum Velocity (m/s)
ConnecƟon Type
Minimum Backdrop Height (m)
Preferred Cover Depth (m)
Include Intermediate Ground
Enforce best pracƟce design rules
30.00
50.0
1.00
Level Soĸts
0.200
1.200
✓
✓
Nodes
Name Area
(ha)
T of E
(mins)
Cover
Level
(m)
Diameter
(mm)
EasƟng
(m)
Northing
(m)
Depth
(m)
Storage 0.020 5.00 100.000 1200 0.000 0.000 2.000
SimulaƟon Seƫngs
Rainfall Methodology
FSR Region
M5-60 (mm)
RaƟo-R
Summer CV
Winter CV
FSR
Scotland and Ireland
14.000
0.300
0.750
0.840
Analysis Speed
Skip Steady State
Drain Down Time (mins)
AddiƟonal Storage (m³/ha)
Check Discharge Rate(s)
Check Discharge Volume
Normal
x
240
0.0
x
x
Storm DuraƟons
15 30 60 120 180 240 360 480 600 720 960 1440
Return Period
(years)
Climate Change
(CC %)
AddiƟonal Area
(A %)
AddiƟonal Flow
(Q %)
200 42 0 0
Node Storage Online Hydro-Brake® Control
Flap Valve
Replaces Downstream Link
Invert Level (m)
Design Depth (m)
Design Flow (l/s)
x
✓
97.500
1.500
0.5
ObjecƟve
Sump Available
Product Number
Min Outlet Diameter (m)
Min Node Diameter (mm)
(HE) Minimise upstream storage
✓
CTL-SHE-0029-5000-1500-5000
0.075
1200
Node Storage Depth/Area Storage Structure
Base Inf Coeĸcient (m/hr)
Side Inf Coeĸcient (m/hr)
0.00000
0.00000
Safety Factor
Porosity
2.0
0.95
Invert Level (m)
Time to half empty (mins)
98.000
132
Depth
(m)
Area
(m²)
Inf Area
(m²)
Depth
(m)
Area
(m²)
Inf Area
(m²)
Depth
(m)
Area
(m²)
Inf Area
(m²)
0.000 7.4 0.0 1.000 7.4 0.0 1.001 0.0 0.0
Page 114

Page 115

MabbeƩ & Associates Ltd File:
Network: Storm Network
Gary Mackintosh
24/01/2024
Page 2
Proposed Dwelling at
Whiteinch, Kinloss
Flow+ v10.6.234 Copyright © 1988-2024 Causeway Technologies Ltd
Results for 200 year +42% CC CriƟcal Storm DuraƟon.  Lowest mass balance: 93.53%
Node Event US
Node
Peak
(mins)
Level
(m)
Depth
(m)
InŇow
(l/s)
Node
Vol (m³)
Flood
(m³)
Status
Link Event
(Upstream Depth)
US
Node
Link Ouƞlow
(l/s)
Discharge
Vol (m³)
240 minute winter Storage 188 98.802 0.802 2.1 6.5482 0.0000 OK
240 minute winter Storage Hydro-Brake® 0.5 11.0
Page 115

Page 116

© 2024, Mabbett & Associates Ltd Appendix 3 
Appendix 3: Foul and Surface Water Drainage Details 
Page 116

Page 117

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
FROM
TREATMENT
PLANT
100mm
DIA
SOLID
PIPE
100mm DIA SOLID PIPE
FULLY
PERFORATED
150mm
DIA
PIPE
800mm MIN COVER
RODDING
EYE
COVER
LONGITUDINAL SECTION THROUGH
FOUL WATER SOAKPIT (NO
INFILTRATION)
100mm
DIA
SOLID
OUTLET
PIPE
SET
300mm
BELOW
INLET
PIPE
CLEAN
CRUSHED
ROCK
100-50 GRADING
TERRAM
1000 GEOTEXTILE
AROUND
ENTIRE
SOAKPIT
W
ITH
1000mm
LAPS
SELECTED
COMPACTED
BACKFILL
MATERIAL
Permeable
geotextyle to 
top
40mm
clean stone
granular fill
1000mm
Uneven bed of mixed Sand
(30%
) Topsoil/compost depth
300mm
- 500mm
Mix of native shrubs
/Plants
150mm
Bed to be pipe
bedding material
510mm
Dia SEL Flow
control
chamber or similar
100mm
DIA
SOLID
PIPE
100mm
DIA
SOLID
PIPE
min 25mm
Dia Orifice plate with mesh
(final sizing to be determined by the
manufacturer)
Eyelet to allow
temporary
removal of orifice plate
100mm
DIA
SOLID
PIPE
Impermeable polypropylene
membrane to sides and
base
1814
LONGITUDINAL SECTION THROUGH
PROPOSED RAINGARDEN
DO
NOT
SCALE
FROM
THIS
DRAW
ING, IF
IN
DOUBT
PLEASE
ASK.
ALL DIMENSIONS
TO
BE
CHECKED
ON
SITE
PRIOR
TO
COMMENCEMENT.
THIS
DRAW
ING
IS
THE
COPYRIGHT
OF
MABBETT
&
ASSOCIATES
LTD
Client
Project
Drawing No:
Scale
Drawing
Rev
Drawn
Status
Sheet
Check
Date
W
illow
House
Stoneyfield Business Park
Inverness 
IV2 7PA
Tel: 01463 237229
www.mabbett.eu
Description
Date
Rev.
Drawn
SP
23/01/24
SU002
X
314613
A3
GMNTS
Issue
Drainage Details
Foul and Surface Water
Kinloss
Whiteinch
New Hiouse at Wagtail Lodge
Mr Forbes
-
-
-
-
north
Page 117

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Page 118

Page 119

APPENDIX 3 
FURTHER REPRESENTATIONS
FROM INTERESTED PARTIES
Page 119

Page 120

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Page 121

Local Review
LRB Ref 312
Planning Application Reference 25/00361/APP Erect new house at Wagtail Lodge,
Whiteinch Small Holdings Forres
LRB Case 312 Page 1 
Response from Transportation, Moray Council 
1. This document is in response to the Notice of Review and the Statement of Case
submitted by  and sets out observations by Transportation on the
application and the grounds for seeking a review. 
2. This review concerns planning application 25/00361/APP for the erection of new
house at Wagtail Lodge, Whiteinch Small Holdings, Forres served by a shared
private access track connected to U62E Sea Park Road 
3. Transportation received the consultation for planning application 25/00361/APP on
02 April 2025.  A copy of Transportations consultation response dated 17th April
2025 is attached (TMC01). 
4. Transportation objected to the proposed development on road safety grounds as
sufficient evidence has not been provided to demonstrate control of land within the
required visibility splays. 
5. The Planning Officer for this application has confirmed that the proposal should be
considered as a ‘new dwelling house development’ rather than an annex to the
existing holiday home. 
6. Therefore, all the Transportation requirements associated with the proposed new
house development were evaluated based on the council approved document: ‘The
Moray Council Transportation Service Requirements for Small Developments in the
Countryside’   
7. The access to the proposed development would be via a shared private access track
connected to U62E Sea Park Road. U62E Sea Park Road is a single-track road with
a 60mph speed limit in the vicinity of the development access. The current private
access track serves more than 10 properties along the track.
8. The visibility splays at the access onto the public road are presently constrained due
to the presence of boundaries and vegetation, see attached photographs (TMC02). 
9. The existing building at the proposed site is currently used as a holiday home.  It
appears that multiple other properties, which gain access from this shared private
access road, also operate as holiday lets.  It is therefore likely that, some drivers will
be unfamiliar with the access and the U62E Sea Park Road.
10. While the existence and use of this private access road by several properties is a
matter of fact, the proposed intensification of its use would be detrimental to road
safety. 
11. Transportation’s consultation response for planning application 22/01140/APP (for
the existing house) clearly stated that any further development resulting in increased
use of the shared private access would require improvements to the existing visibility
splays (TMC03).
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Local Review
LRB Ref 312
Planning Application Reference 25/00361/APP Erect new house at Wagtail Lodge,
Whiteinch Small Holdings Forres
LRB Case 312 Page 2 
12. The appellant disputes that the proposed new house would intensify use of the
access, stating: “The use of the existing, and well-used, access road half a mile from
the proposals will not be intensified by the proposals, and the appellant will upgrade
the existing access in accordance with Moray Council Standards.” However, as this
is considered a new dwelling, additional daily trips for employment, education,
shopping, and services such as healthcare will increase use of the access onto the
public road. 
13. The appellant also states they are willing to restrict use of the existing holiday home
to family and friends only to avoid increased use of the access. However, such a
restriction would be unenforceable and would not meet the tests for planning
conditions as set out in Planning Circular 4/1998: The Use of Conditions in Planning
Permissions.
14. Visibility splays for private accesses onto the public road are required to ensure that
there is adequate inter-visibility between vehicles on the public road and a vehicle at
the private access onto the public road. 
15. Visibility splays relate to the visibility available to a driver at or approaching a junction
in both directions. It is related to the driver’s eye height, object height above the road,
distance back from the main road known as the ‘x’ distance and a distance along the
main road known as the ‘y’ distance. The ‘y’ distance is related either to a) the design
speed of the road and a corresponding ‘stopping sight distance’ or b) in some
circumstances may be based on observed ‘85th percentile vehicle speeds’. 
16. The minimum ‘x’ distance for the visibility splay serving this development (taking into
consideration of existing dwellings) is 4.5 metres. Ideally, the ‘y’ distance should be
215 metres for a 60mph road. However, Transportation considers a minimum ‘y’
distance of 120 metres acceptable here, based on a 40mph operating speed.
Visibility splays are required in both directions at both access points onto the public
road. 
17. Sections of the visibility splays lie within land out with the public road/public road
verge. No evidence was submitted as part of planning application to demonstrate that
the appellant has the agreement of the relevant land owner(s) for the clearance of
the obstructions/set back fence line and on-going maintenance where the splays
cross their land. Furthermore, there has been no evidence submitted as part of the
documents for this Local Review. 
18. During earlier correspondence regarding planning application 23/02065/APP,
consideration was given to whether a reduced visibility splay of 2.4m x 120m could
be provided, given the constraints in achieving the standard 4.5m x 120m splay.
19. However, even the reduced visibility splay is currently not available, and its provision
would still require clearance of land out with the road boundary which is not
controlled by the applicant.  The appellant’s submission acknowledges their inability
to provide the required visibility splay due to the absence of land agreements for the
2.4m x 120m splay. 
Page 122

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Local Review
LRB Ref 312
Planning Application Reference 25/00361/APP Erect new house at Wagtail Lodge,
Whiteinch Small Holdings Forres
LRB Case 312 Page 3 
20. The appellant argues that the area of third-party land required for the visibility splay is
minimal. However, the distance to the fence line from the road edge is 1.2m,
meaning that approximately half of the required ‘x’ distance lies within third-party
land. This is significant and could obstruct the sightline.
21. The appellant also expresses willingness to upgrade the first 5 metres of the access
to Moray Council specifications and maintain the part of the visibility splay within the
council verge. However, this does not mitigate the road safety risks posed by the
constrained access. 
22. The proposed development would lead to an intensification of use of an existing
access with restricted visibility. Improvements to sightlines are sought to reduce the
risk of accidents. Where these cannot be provided, additional traffic increases the
risk. Transportation, respectfully, requests the MLRB to uphold the decision by the
appointed officer.  In particular on the grounds that Local Development Plan policies
DP1 (ii) a, c: Provision of safe entry and exit from the development. 
Transportation
12 June 2025 
Documents
TMC01 Transportation Consultation Response dated 17 April 2025
TMC02 Site Photograph 08 December 2023
TMC03 Transportation Consultation Response dated 29 September 2022 
Page 123

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Page 124

Page 125

Consultation Request Notification 
Planning Authority Name Moray Council
Response Date  16th April 2025
Planning Authority
Reference
25/00361/APP
Nature of Proposal
(Description)
Erection of new house at
Site Wagtail Lodge
Whiteinch Small Holdings
Forres
Moray
IV36 3TS 
Site Postcode N/A
Site Gazetteer UPRN 000133073953
Proposal Location Easting 305542
Proposal Location Northing 860823
Area of application site (M2) 4286
Additional Comment 
Development Hierarchy
Level
LOCAL
Supporting Documentation
URL
https://publicaccess.moray.gov.uk/eplanning/ce
ntralDistribution.do?caseType=Application&ke
yVal=STTNJRBGGA500
Previous Application 21/00606/APP 
Date of Consultation 2nd April 2025
Is this a re-consultation of
an existing application?
No
Applicant Name 
Applicant Organisation
Name 
Applicant Address Wagtail Lodge
Whiteinch Small Holdings
Kinloss 
IV36 3TS 
Agent Name C M Design
Agent Organisation Name 
Agent Address
St Brendans
69 South Guildry Street
Elgin
Moray
IV30 1QN 
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
Page 125

Page 126

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
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 126

Page 127

MORAY COUNCIL 
PLANNING CONSULTATION RESPONSE 
From:   Transportation Manager 
Planning Application Ref. No: 25/00361/APP
Erection of new house at Wagtail Lodge Whiteinch Small Holdings Forres Moray for Mr &
Mrs G  Forbes 
I have the following comments to make on the application:-  
Please 
(a) I OBJECT to the application for the reason(s) as stated below  x
(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 
❑
Preamble 
This proposal is for the erection of a new dwelling linked to existing holiday home which is
to be served by a shared private access track connected to U62E Sea Park Road. The
current private access track serves more than 10 properties along the track.  The Planning
Officer for this application has confirmed that the proposal should be considered as a ‘new
dwelling house development’ rather than an annex to the existing holiday home.  The
proposed new dwelling would result in the intensification of the use of the existing access
onto the public road. Transportation objected to a previous proposal for a new dwelling at
this location (24/01254/APP) because there was insufficient information to confirm the
control of land within the required visibility splay. 
The visibility splays at the access onto the public road are presently constrained due to
the presence of boundaries and vegetation. A visibility splay 4.5 m x 120m would be
required in both directions at the track access onto the U62E Sea Park Road clear of any
obstructions greater than 0.6m in height measured from the level of the carriageway, with
all boundaries set back to a position behind the required visibility splays. The visibility
splays appear to pass across land not under the control of the applicant. Evidence of
control is therefore sought, through ownership or provision of third-party agreement, to
demonstrate that the required visibility can be provided and maintained thereafter.   
The existing building at the proposed site is currently used as a holiday home.  It appears
that multiple other properties, which gain access from this shared private access road,
also operate as holiday homes. Consequently, there is a high probability that some road
users utilising the existing entry/exit point onto the public road have limited awareness of
the area and the constrained nature of the access arrangement.
Page 127

Page 128

Consideration has been given to whether a reduced visibility splay of 2.4 m x 120m could
be provided. However, this is currently not available, and the provision of the reduced
splay would still require clearance of land out with the road boundary which is not
controlled by the applicant. 
The supporting Statement submitted with the current application states the applicant’s
inability to provide required visibility splay in the absence of required land agreements to
provide and maintain the 2.4 x 120m required visibility splay. 
Based on the submitted details to date, transportation considers the current proposals to
be contrary to the Moray Local Development Plan (2020) Policies and Supplementary
Guidance. 
Reason(s) for objection 
Insufficient evidence has been provided to demonstrate that the proposed development
satisfies the following Local Development Plan policies: 
DP1 Development Principles 
(ii) Transportation 
a) Proposals must provide safe entry and exit from the development, including the
appropriate number and type of junctions, maximise connections and routes for
pedestrians and cyclists, including links to active travel and core path routes, reduce travel
demands and ensure appropriate visibility for all road users at junctions and bends. Road,
cycling, footpath and public transport connections and infrastructure must be provided at a
level appropriate to the development and connect people to education, employment,
recreation, health, community and retail facilities. 
c) Provide safe access to and from the road network, address any impacts on road safety
and the local road, rail and public transport network. Any impacts identified through
Transport Assessments/ Statements must be identified and mitigated. This may include
but would not be limited to, passing places, road widening, junction improvements, bus
stop infrastructure and drainage infrastructure. A number of potential mitigation measures
have been identified in association with the development of sites and the most significant
are shown on the Proposals Map as TSP’s. 
Contact: PHN Date: 17.04.2025
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://publicaccess.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
Page 128

Page 129

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 129

Page 130

Page 130

Page 131

TMC02 - Photographs from Site Visits 
Drivers eye view to west for exiting vehicle 
Drivers eye view to east for exiting vehicle
Page 131

Page 132

TMC02 - Photographs from Site Visits 
View into site access – note evidence of loose material/ water ponding 
View from east to west
Page 132

Page 133

Consultation Request Notification 
Planning Authority Name Moray Council
Response Date  4th October 2022
Planning Authority
Reference
22/01140/APP
Nature of Proposal
(Description)
Reduce size of site approved under ref 21/01505/APP
to erect dwellinghouse on
Site Site At Copperfield
Whiteinch
Kinloss
Moray 
Site Postcode N/A
Site Gazetteer UPRN 000133074313
Proposal Location Easting 305474
Proposal Location Northing 860789
Area of application site (M2) 3252
Additional Comment 
Development Hierarchy
Level
LOCAL
Supporting Documentation
URL
https://publicaccess.moray.gov.uk/eplanning/ce
ntralDistribution.do?caseType=Application&ke
yVal=RG2U1GBGHLB00
Previous Application 21/01505/APP
21/01332/APP 
Date of Consultation 20th September 2022
Is this a re-consultation of
an existing application?
No
Applicant Name 
Applicant Organisation
Name 
Applicant Address Wagtail Lodge
Whiteinch Small Holdings
Forres
Moray
IV36 3TS 
Agent Name C M Design
Agent Organisation Name 
Agent Address
St Brendans
69 South Guildry Street
Elgin
Moray
IV30 1QN 
Agent Phone Number 
Agent Email Address N/A
Case Officer Emma Mitchell
Case Officer Phone number 01343 563326
Case Officer email address emma.mitchell@moray.gov.uk
Page 133

Page 134

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
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 134

Page 135

MORAY COUNCIL 
PLANNING CONSULTATION RESPONSE 
From:   Transportation Manager 
Planning Application Ref. No: 22/01140/APP
Reduce size of site approved under ref 21/01505/APP to erect dwellinghouse on Site At
Copperfield Whiteinch Kinloss Moray for Mr Graham Forbes 
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 
❑
Note: this site was subject to previous planning permission in principle (19/00681/PPP).
The previous conditions were re-applied for the more recent consent (21/01505/APP), and
as this proposal is simply to reduce the overall plot site the original conditions shall once
again be re-iterated. However it should be highlighted that any further development which
results in the intensification of the use of the existing (shared) private access onto the
public road shall require improvements to the existing visibility splays (setting back fences)
along with additional surfacing works. 
Condition(s)
1. No development works shall commence on the dwelling house until a detailed drawing
(scale 1:200) has been submitted to and approved in writing by the Council, as
Planning Authority in consultation with the Roads Authority confirming the provision of,
or location where a future Electric Vehicle (EV) charging unit is to be connected to an
appropriate electricity supply, including details (written proposals and plans) to confirm
the provision of the necessary cabling, ducting, and consumer units capable of
supporting the future charging unit; and thereafter the EV charging infrastructure shall
be provided in accordance with the approved drawing and details prior to the first
occupation of the dwelling house. 
Reason: In the interests of an acceptable form of development and the provision of
infrastructure to support the use of low carbon transport, through the provision of details
currently lacking 
2. Two car parking spaces shall be provided within the site prior to the first occupation of
the dwelling house.  The parking spaces shall thereafter be retained throughout the
lifetime of the development, unless otherwise agreed in writing with the Council as
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Page 136

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. 
Further comment(s) to be passed to applicant
The provision of Electric Vehicle (EV) chargers and/or associated infrastructure shall be
provided in accordance with Moray Council guidelines. Cabling between charging units
and parking spaces must not cross or obstruct the public road including footways.
Infrastructure provided to enable EV charging must be retained for this purpose for the
lifetime of the development unless otherwise agreed in writing by the Planning Authority.  
Guidance on Electric Vehicle (EV) Charging requirements can be found at:
http://www.moray.gov.uk/downloads/file134860.pdf 
Planning consent does not carry with it the right to carry out works within the public road
boundary. 
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. 
Contact: AG Date 29 September 2022
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://publicaccess.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. 
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APPENDIX 4 
APPLICANT’S RESPONSE TO
FURTHER REPRESENTATIONS
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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 100713864-002
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.
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
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
WAGTAIL LODGE
Moray Council
WHITEINCH SMALL HOLDINGS
FORRES
IV36 3TS
860823 305542
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Page 2 of 3
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: *
CM Design
Other
Mr & Mrs
Craig
G
Mackay
Forbes
South Guildry Street
Whiteinch
69
St Brendans
Wagtail Lodge
01343540020
IV30 1QN
IV36 3TS
United Kingdom
Scotland
Elgin
Kinloss
office@cmdesign.biz
office@cmdesign.biz
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Proposal/Application Details
Please provide the details of the original application(s) below:
Was the original application part of this proposal?  *  Yes   No
Application Details
Please select which application(s) the new documentation is related to.
Application: *
Document Details
Please provide an explanation as to why the documentation is being attached after the original application was submitted: * (Max 500
characters)
Checklist – Post Submission Additional Documentation
Please complete the following checklist to make sure  you have provided all the necessary information in support of your application.
The additional documents have been attached to this submission. *  Yes   No
Declare – Post Submission Additional Documentation
I/We the applicant/agent certify that this is a submission of Additional Documentation, and that all the information given in this
submission is true to the best of my/the applicants knowledge.
Declaration Name: Mr Craig Mackay
Declaration Date: 08/07/2025
100713864-001, application for Notice of Review, submitted on 27/05/2025
Response to representation received
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LOCAL REVIEW BOARD
STATEMENT OF APPEAL
Transport Response
Erection of New House 
At Wagtail Lodge, Whiteinch, Kinloss, IV36 3TS 
This response corresponds directly to the Transport Response provided on the 23rd of June
2025 as follows: 
9.  Whilst the existing property was originally constructed as a holiday home, the
appellants now wish to live at Whiteinch to be near family, and their
commitments.  As a result, the use of the property would no longer be a string
of users unfamiliar with the access track, but the family, who have lived at
Whiteinch for decades, and their friends and family, who already visit the site.  
10.  We respectfully reject the statement of Transport that the proposals would
intensify use of the existing access.  
Current use of the Holiday Let would conceivably be by two couples and
then any additional guests.  This would mean multiple cars, with unfamiliar
drivers, accessing the property.
The proposals, if approved, would allow the appellants (one couple) to live
fulltime at the property.  This would result in fewer vehicles accessing the
track, and any drivers using the access would be infinitely more likely to be
familiar with the access road, being friends and family of the appellants and
thereby regular visitors, rather than those who come for a single trip.
It is our assertion that the proposals would not intensify use of the access
road, and the drivers to the property would be much more familiar with the
road. 
12. Whilst on paper this application is being considered a new dwelling, in reality,
the appellants are seeking to make Whiteinch their fulltime home, and the
daily trips outlined in Transport’s Statement are already in practice. 
13. The requirement of an STL license in order to use the property as a Holiday
Rental, should make it possible to prevent lawful STL use of the property. 
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2 230085 – Erection of new house at Wagtail Lodge, Kinloss, IV36 3TS 
14.-21. The appellant has made every possible effort to purchase the land required
to create compliant visibility splays.  The Landowners have refused to either
sell the land or relocate the existing fences.  A significant amount of the splay
is still outwith the above boundaries, and the appellant will gladly maintain
these to ensure all vegetation is controlled and maintained below 600mm
high.   
The above maintenance of the splays, coupled with the appellant’s
commitment to upgrade the existing poorly constructed access for 5m,
would significantly increase safety at the existing access road.  As the images
below show, the existing road is straight and provides for clear sightlines in
both directions. 
Street View to Kinloss
Street View to Forres
Visibility Splays
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3 230085 – Erection of new house at Wagtail Lodge, Kinloss, IV36 3TS 
The existing road has been used, without issue, since time immemorial.  This is
not a dangerous, or difficult junction, and while the appellant is more than
happy to provide any and all possible upgrades to the existing junction, it is
onerous to require the moving of the existing fences as a condition of approval
when there is no evidence for potential issue. 
22. It is respectfully contested that the proposals will increase the intensity of use
of the existing access road.  Use by one sole family will not be more than by
the string of unfamiliar drivers to the existing property.  It is proposed that use
of the existing access road be continued, with the improvements to sightlines
and construction that can be provided by the appellant. 
We respectfully request that the above be considered favorably. 
M Ellerby
Architectural Designer
CM Design 
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