Agenda Document Pack - Moray Local Review Body - 19/03/2026
Moray Council · 19 March 2026
Back to Moray Local Review Body — 19 March 2026 and its agenda
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Moray Local Review Body Thursday, 19 March 2026 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, 19 March 2026 at 09:30. BUSINESS 1. Sederunt 2. Declaration of Group Decisions and Members Interests * 3. Minute of meeting dated 19 February 2026 5 - 10 4. LR318 - Ward 1 - Speyside Glenlivet Planning Application 25/00359/APP – New dwelling house and garage to the north west of Tomdugard, Dallas 11 - 110 Summary of Local Review Body functions: To conduct reviews in respect of refusal of planning permission or unacceptable conditions as determined by the delegated officer, in terms of the Scheme of Delegation to Officers under Section 43(A)(i) of the Town & Country Planning (Scotland) Act 1997 and the Town & Country Planning (Scheme of Delegation and Local Review Procedure)(Scotland) Regulations 2013, or where the Delegated Officer has not determined the application within 3 months of registration. Page 1
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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. Page 2
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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 5pm three working days prior to the day of the meeting, please see Standing Order 36 for deadlines. A copy of any written answer provided by the Chair will be published on the Council’s committee management system by 12pm the day before the meeting. The Member who has put the question may, after the answer has been published, may ask one supplementary question directly related to the subject matter at the meeting, but no discussion will be allowed. No supplementary question can be put or answered more than 10 minutes after the Council has started on the relevant item of business, except with the consent of the Chair. If a Member does not have the opportunity to put a supplementary question because no time remains, then he or she can submit it in writing to the Proper Officer who will arrange for a written answer to be provided within 7 working days. Page 3
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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 Page 4
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MORAY COUNCIL Minute of Meeting of the Moray Local Review Body Thursday, 19 February 2026 Council Chambers, Council Office, High Street, Elgin, IV30 1BX PRESENT Councillor Neil Cameron, Councillor Amber Dunbar, Councillor Juli Harris, Councillor Marc Macrae, Councillor Paul McBain, Councillor Sonya Warren, Councillor Ben Williams APOLOGIES Councillor Draeyk van der Horn IN ATTENDANCE S Hoath, Senior Solicitor; A Miller, Acting Principal Planning Officer; F Olsen, Senior Planning Officer and L Rowan, Committee Services Officer 1 Chair Councillor Macrae chaired the meeting. 2 Declaration of Group Decisions and Members Interests In terms of Standing Order 21 and 23 and the Councillor's Code of Conduct, there were no declarations from Group Leaders or Spokespersons in regard to any prior decisions taken on how Members will vote on any item on the agenda or any declarations of Members interests in respect of any item on the agenda. 3 Minute of meeting dated 11 December 2025 The Minute of the meeting dated 11 December 2025 was submitted and approved. 4 LR316 - Ward 4 Fochabers Lhanbryde Planning Application 25/00923/APP - Retrospective application to erect timber fence and gate and paint external walls white at Ivy Cottage Mid Street Kingston Fochabers Item 3. Page 5
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A request was submitted by the Applicant, seeking a review of the decision of the Appointed Officer, in terms of the Scheme of Delegation, to refuse retrospective planning permission on the grounds that: The retrospective proposal for the fence atop the wall to the front (east) of the house restricts visibility for users of the neighbouring driveway, giving rise to conditions detrimental to the road safety of road users contrary to Moray Local Development Plan (MLDP) 2020 Policy DP1 - Development Principles. 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 as well as further representations received from interested parties and the applicant's response to these further representations. In response to a question from the Chair as to whether the Legal or Planning Advisers had any preliminary matters to raise, both the Legal and Planning Advisers advised that they had nothing to raise at this time. The Chair then asked the Moray Local Review Body (MLRB) if it had sufficient information to determine the request for review. Councillor Warren sought clarification as to whether there had been any reported road traffic accidents for the area surrounding the proposal. In response, Fiona Olsen, Planning Adviser advised that there were no recorded accident statistics for the location of the proposal. Councillor Cameron sought clarification as to where Willows Cottage is on the map in the agenda pack. In response, Fiona Olsen, Planning Adviser advised that Willows Cottage is to the rear of the proposal and that access to the cottage is adjacent to the fence which has been erected. The Chair then sought confirmation from the MLRB as to whether it now 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 McBain, having visited the site and considered the case in detail stated that, in his opinion, the access in question functions more as a path than a conventional road and should not be assessed to main-highway visibility standards. He was of the view that the proposal complies with Policy DP1, in particular DP1 (e), highlighting that the replacement of a 2.5 m hedge with a 1.8 m fence improves light, reduces overbearing impact, and enhances amenity in what is a tightly constrained area. He further expressed the view that Transportation’s concerns regarding visibility splays were a matter of opinion rather than a strict policy requirement and were unrealistic for the setting in Kingston and moved that the MLRB uphold the appeal and grant planning permission in respect of Planning Application 25/00923/APP. Councillor Warren, having visited the site and considered the case in detail, seconded the motion stating that there had been no road traffic accidents in the area Page 6
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to justify the suggested impact of loss of vision and noted that replacing the hedge with a lower fence actually improved the area. Councillor Cameron, having visited the site and considered the case in detail, highlighted that the removal of the hedge had increased visibility splays, which in turn could encourage higher vehicle speeds and raise the risk of accidents, aligning with Transportation’s objections and moved, as an amendment, that the MLRB refuse the appeal and uphold the original decision of the Appointed Officer to refuse planning permission in respect of Planning Application 25/00923/APP, as the proposal fails to comply with policy DP1 (Development Principals) of the MLDP 2020. Councillor Harris, having visited the site and considered the case in detail, noted that the applicant had expressed concerns about neighbours overlooking his property. At this point, Sean Hoath, Legal Adviser advised that any potential neighbour dispute was not relevant to the planning application and should not be taken into consideration. Councillor Harris, while recognising that such neighbour disputes are not material planning considerations, accepted that privacy formed part of the applicant’s reasons for erecting the fence however, raised significant concerns about the impact of the fence and the additional screening on vehicle visibility at the access. She noted that, although the road is not a public road, it is nonetheless regularly used by cars, and the level of screening would make visibility through the fence slats extremely limited and therefore seconded the amendment. After hearing the advice from the Legal Adviser, the Chair confirmed that Officers had emailed the MLRB ahead of the meeting to advise that certain redactions had already been made to remove references to a dispute and further that any information relating to a potential neighbour dispute was not relevant in planning terms and should not be considered as part of the decision making process. Councillors McBain, Warren, Cameron and Harris took the opportunity to sum up ahead of the vote. On a division there voted: For the Motion (5): Councillors McBain, Warren, Dunbar, Macrae and Williams For the Amendment (2): Councillors Cameron and Harris Amendment (0): Nil Accordingly, the Motion became the finding of the meeting and the MLRB agreed to uphold the appeal and grant planning permission in respect of Planning Application 25/00923/APP as the proposal complies with policy DP1 of the MLDP 2020. The Chair noted that, although not a requirement of the decision, the applicant had indicated a willingness to install a convex mirror to improve visibility at the junction and suggested that the applicant may also wish to consider appropriate ‘slow’ signage, provided it meets relevant road signage standards, as a further measure to support road safety. These suggestions were offered as advisory comments following the committee’s decision to uphold the appeal. Page 7
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5 LR317 - Ward 5 Heldon and Laich Planning Application 25/00134/APP – Revise house design approved under planning consent ref: 23/01668/APP at Station Road, Burghead A request was submitted by the Applicant, seeking a review of the decision of the Appointed Officer, in terms of the Scheme of Delegation, to refuse planning permission on the grounds that: The proposals are contrary to National Planning Framework 4 (NPF4) and Moray Local Development Plan (MLDP 2020) for the following reasons: 1. The proposals to increase the height of the previously approved dwellinghouse (to a height of 5.9, with the provision of a first floor) would be considered out of keeping with the traditional settlement character of the surrounding area, in particular the historical boatyard and harbour area to the east and the Burghead to Culbin Special Landscape Area. The proposed increased height dwelling would also be considered to impact on the setting of the B listed building to the north-west of the site due it's unacceptable scale and bulky design which is considered unacceptable for this location. As such the application is considered to fail to comply with NPF4 Policies 4, 7, 14 and MLDP 2020 Policies DP1, EP3 and EP10. 2. The proposed dwelling is to be located to the south of an existing dwellinghouse and the proposed increased ridge height to approx. 5.9m would be considered to give rise to an unacceptable physical impact and an overbearing loss of amenity to that neighbour. As such the proposals are considered to fail to comply with NPF4 Policy 14 and DP1 in terms of an unacceptable amenity impact. The Summary of Information report set out the reasons for refusal, including the documents considered or prepared by the Appointed Officer regarding the planning application. It also included the Notice of Review, Grounds for Review and supporting documents submitted by the applicant. In response to a question from the Chair as to whether the Legal or Planning Advisers had any preliminary matters to raise, the Legal Adviser advised that he had nothing to raise at this time. Andrew Miller, Planning Adviser advised that the agenda pack refers to a listed building to the northwest however this should be northeast of the site. This was noted. The Chair then asked the MLRB if it had sufficient information to determine the request for review. Councillor McBain sought clarification that, regardless of the MLRB’s decision on the current appeal, the existing planning permission for a single-storey house on the site would remain in place. In response, Andrew Miller, Planning Adviser advised that was correct. Page 8
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Thereafter, the MLRB unanimously agreed that it had sufficient information to determine the case. Councillor McBain, having visited the site and considered the case in detail was of the view that increasing the height of the proposal would not be in keeping with the surrounding area and moved that the MLRB refuse the appeal and uphold the original decision of the Appointed Officer to refuse planning permission in relation to Planning Application 25/00134/APP as the proposal fails to comply with policies 4 (Natural Places), 7 (Historic Assets and Places) and 14 (Design, Quality and Place) of NPF4 and policies DP1 (Development Principals), EP3 (Special Landscape Areas and Landscape Character) and EP10 (Listed Buildings) of MLDP 2020 in terms of an unacceptable amenity impact. Councillor Cameron agreed with Councillor McBain and seconded his motion. There being no-one otherwise minded, the MLRB agreed to refuse the appeal and uphold the original decision of the Appointed Officer to refuse planning permission in relation to Planning Application 25/00134/APP as the proposal fails to comply with policies 4 (Natural Places), 7 (Historic Assets and Places) and 14 (Design, Quality and Place) of NPF4 and policies DP1 (Development Principals), EP3 (Special Landscape Areas and Landscape Character) and EP10 (Listed Buildings) of MLDP 2020 in terms of an unacceptable amenity impact. Page 9
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MORAY LOCAL REVIEW BODY 19 MARCH 2026 SUMMARY OF INFORMATION FOR CASE No LR318 Ward 8: Speyside/Glenlivet Planning Application 25/00359/APP – New dwelling house and garage to the north west of Tomdugard, Dallas Planning permission was refused under the Statutory Scheme of Delegation by the Appointed Officer on 4 November 2025 on the grounds that: The development is contrary to National Planning Framework (NPF) policies 17 (Rural Homes) and 22 (Flood Risk and Water Management) and the Moray Local Development Plan 2020 (MLDP) policies DP1 (Development Principles), DP4 (Rural Housing) and EP13 (Foul Drainage (Supplementary Guidance)) for the following reasons: - • The proposed introduction of a further house in this location, together with other development in the immediate vicinity, would have the effect of detrimentally altering the rural character of the area and contributing to an unacceptable build-up of housing which is contrary to the siting criteria of policies NPF 17 and MLDP DP4. • The proposed site lacks sufficient enclosure and containment, resulting in a development that would appear visually intrusive and poorly integrated with the surrounding landscape, as such the proposal fails to meet this aspect of the siting requirements of policy DP4. It has not been demonstrated that the proposed house could be served with an adequate and wholesome water supply as required by policies NPF 22 and MLDP EP13. Documents considered or prepared by the Appointed Officer in respect of the above planning application are attached as Appendix 1. The Notice of the Review, Grounds for Review and any supporting documents submitted by the Applicant are attached as Appendix 2. No Further Representations were received in response to the Notice of Review. Item 4. Page 11
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Stripe of Tomdugard Well Track Little Rhynagoup Mast 230.4m Tam Na Moin Tomdugard Planning Application Reference Number: 25/00359/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 2026 I 1:2,500 Page 13
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APPENDIX 1 DOCUMENTS CONSIDERED OR PREPARED BY THE APPOINTED OFFICER Page 15
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Page 1 of 8 The Moray Council Council Office High Street Elgin IV30 1BX Tel: 0300 1234561 Email: development.control@moray.gov.uk Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid. Thank you for completing this application form: ONLINE REFERENCE 100706479-001 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 Erect new dwelling house at ground to the North West of Tomdugard, Dallas. Page 17
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Page 2 of 8 Agent Details Please enter Agent details Company/Organisation: Ref. Number: You must enter a Building Name or Number, or both: * First Name: * Building Name: Last Name: * Building Number: Address 1 Telephone Number: * (Street): * Extension Number: Address 2: Mobile Number: Town/City: * Fax Number: Country: * Postcode: * Email Address: * Is the applicant an individual or an organisation/corporate entity? * Individual Organisation/Corporate entity Applicant Details Please enter Applicant details Title: You must enter a Building Name or Number, or both: * Other Title: Building Name: First Name: * Building Number: Address 1 Last Name: * (Street): * Company/Organisation Address 2: Telephone Number: * Town/City: * Extension Number: Country: * Mobile Number: Postcode: * Fax Number: Email Address: * Plans Plus Other DR. Colin Chris Keir Eastham Main Street Tomdugard Plans Plus Offices Tomdugard 01343 842635 IV30 8LG IV36 2RZ Moray Scotland By Elgin Moray Urquhart Dallas ctkplans@aol.com ctkplans@aol.com Page 18
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Page 3 of 8 Site Address Details Planning Authority: Full postal address of the site (including postcode where available): Address 1: Address 2: Address 3: Address 4: Address 5: Town/City/Settlement: Post Code: Please identify/describe the location of the site or sites Northing Easting Pre-Application Discussion Have you discussed your proposal with the planning authority? * Yes No Pre-Application Discussion Details Cont. In what format was the feedback given? * Meeting Telephone Letter Email Please provide a description of the feedback you were given and the name of the officer who provided this feedback. If a processing agreement [note 1] is currently in place or if you are currently discussing a processing agreement with the planning authority, please provide details of this. (This will help the authority to deal with this application more efficiently.) * (max 500 characters) Title: Other title: First Name: Last Name: Correspondence Reference Date (dd/mm/yyyy): Number: Note 1. A Processing agreement involves setting out the key stages involved in determining a planning application, identifying what information is required and from whom and setting timescales for the delivery of various stages of the process. TOMDUGARD General comments which was felt inaccurate. Miss Moray Council Fiona DALLAS 24/01580/PELOC Olsen FORRES 04/12/2024 IV36 2RZ 850429 311219 Page 19
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Page 4 of 8 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. 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 As you have indicated that you are proposing to make private drainage arrangements, please provide further details. What private arrangements are you proposing? * New/Altered septic tank. Treatment/Additional treatment (relates to package sewage treatment plants, or passive sewage treatment such as a reed bed). Other private drainage arrangement (such as chemical toilets or composting toilets). 0.80 Scrub land. 0 4 Page 20
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Page 5 of 8 Please explain your private drainage arrangements briefly here and show more details on your plans and supporting information: * 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 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 The ground does not support drainage for a traditional style of septic tank therefore a bio disc is required. Normal recycling bins set out at the roadside. Page 21
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Page 6 of 8 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 1 Page 22
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Page 7 of 8 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: Colin Keir On behalf of: DR. Chris Eastham 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 Page 23
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Page 8 of 8 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 Colin Keir Declaration Date: 27/03/2025 Payment Details Cheque: Plans Plus, 0144767 Created: 27/03/2025 15:14 Page 24
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CLIENT SCALE DRAWN BY DATE PROJECT NoPROJECT NO WORKS TO COMMENCE ON SITE UNTIL THE RELEVANT PLANNING, BUILDING WARRANT OR GRANT APPROVAL HAS BEEN OBTAINED CONTRACTORS WILL HAVE DEEMED TO HAVE VISITED THE SITE TO FAMILIARIZE THEMSELVES WITH THE PROJECT PRIOR TO SUBMITTING ANY ESTIMATE FOR BUILDING WORKS CROWN COPYRIGHT. ALL RIGHTS RESERVED LICENSE NUMBER 100041145 ANY DEVIATIONS TO APPROVED PLANS TO BE REPORTED TO THIS OFFICE. CONTRACTORS TO CHECK ALL DIMENSIONS ON SITE PRIOR TO COMMENCING BUILDING WORKS GIVEN DIMENSIONS ONLY TO BE USED DO NOT SCALE PLANS ANY ROOF TRUSS TYING INTO AN EXISTING ROOF TO BE CHECKED ON SITE BY CONTRACTOR TO ENSURE HEIGHTS MEET CORRECTLY Dr C Eastham Proposed new dwelling and garage on site to North West of Tomdugard, Dallas, IV36 2RZ 24-66 1:500 IR Mar 2025 Site plan 1:500 Ex access track Tomdugard ex garage proposed access track Proposed additional tree planting Ex tree planting Ex tree planting Ex vehicular access opening onto public roadway Visibility splays approved Planning Ref 22/00356/APP Ex tree planting U109E Coldhome to Dallas roadway GROUND BELONGING TO APPLICANT 0 10 25metres rainwater soakaway with outflow to pond Infiltration system treatment tank turning circle proposed dwelling proposed garage Proposed additional tree planting Proposed additional tree planting Proposed additional tree planting Ex tree planting Ex tree planting Ex tree planting Landscaping proposals 15% of proposed dwelling house site planted with native trees (whips and feathered), at least 1.5m tall. Trees to be planted in species groups in random patterns with density of 1 tree per 4m². Tree selections from: Hazel Corylus Avelana Hawthorn Crataegus monogyna Holly Ilex Aquifolium Willow Salix Aurita Sloe/BlackthornPrunus spinosa Rowan Sorbus aucuparia Silver Birch Betula pendula Scots Pine Pinus sylvestris Larch Larix Spruce Picea abies Site to be weeded, cultivated and prepared for grass seeding and tree planting within first planting season following occupation or completion of dwelling, whichever is sooner. Any trees or plants which die, are removed or become diseased within 5 years of planting shall be replaced in the following planting season with others of similar size, number and species Ex access track proposed pond Ex tree planting Page 33
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MORAY COUNCIL PLANNING CONSULTATION RESPONSE From: Environmental Health – Private Water Supplies Planning Application Ref. No: 25/00359/APP Erect new dwelling house and garage on Ground To The North West Of Tomdugard Dallas Forres Moray for Dr Chris Eastham Applicant’s response Red text is from Pilpumps (the company that installed and tested the existing water supply) Blue text is from the Applicant Please confirm where the potable water supply will come from and supply a plan showing the location of all infrastructure required to provide the supply to the development including any water storage arrangements including water demand variation storage to the development. This should be an accurate readable plan that identifies key points. The potable water supply comes from a shared water borehole on site, which also supplies the neighbouring property, Blackmyre Farm. The borehole yield was confirmed as being able to consistently provide a flow rate of 1.05m3/hr, which equates to an available volume of 25,250L per day. This is sufficient to provide water for a population of 126 people, based on the established consumption of 200L per person per day. The submersible pump in the borehole pressurises the water to each property on the supply. Each property on the supply has it’s own weatherproof and insulated shed, in which the water tank and necessary water treatment system is located. The water enters the shed and passes through an initial course filter, to remove the worst of the particulate that may come up with the water. The water then flows an Iron-Manganese reduction unit, which draws out and traps the metals in the water. To optimise performance and service life, the unit automatically carries out a self-cleaning backwash function, which cleans and re-charges the media, carrying the held metals away to drain. The water then flows through a pH correction vessel, which neutralises the acidity of the water. Next, the water enters a storage tank. While the borehole can provide water to multiple properties, up to a max population of 126 people as advised, the flow rate is insufficient to supply a single property directly. This necessitates that each property has it’s own 1,000L water storage tank, to act as a suitable buffer between the supply and the live demand. Page 53
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A domestic water booster pump is installed on the outlet of the tank, to pressurise the water to all points of use within the property. This pump has a variable speed function, allowing it to only use as much energy and water as is required, to meet the live demand. Following the booster pump, the water flows through a fine filter, to remove any remaining particulate down to 5 microns in size. Finally, the water passes through a suitably sized UV sterilisation unit, providing the recommended 98% dose rate at 40mJ/cm2, before entering the property. Details of the management of the supply, including ownership, responsibility for maintenance and relevant permissions to connect to the supply. Ownership of the borehole itself and responsibility for it’s management, is held by the owner of Blackmyre Farm. Responsibility for managing and maintaining the water treatment and tank system, rests with the owners of each individual property. The development will require to be listed to the appropriate water supply. If other supplies are to be utilised to provide a sufficiency of potable water, then each supply must be identified detailing the management of the supply, including ownership, responsibility for maintenance and relevant permissions to connect to the supply. Above comments address these points. A water use assessment for the proposed development based on the number of persons expected to occupy the development and number of garages. We would require the details of the planned development to advise. However, as advised above, the borehole water supply has the capacity to supply a population of 126 people. Therefore, provided the planned development did not excess this population level, the water supply would be sufficient to meet the additional demand. An up to date water yield report showing the adequacy of the supply or supplies for the proposed use and the number of existing properties and realistic maximum number of people relying on the supply, with full details of the test method used. See attached yield test report, carried out after the borehole was drilled in 2018. While this was some years ago, the borehole supply comes from protected and confined aquifers, therefore there is minimal risk that the supply will have changed over this time. Page 54
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A bacteria and chemical sample of water taken from the intended supply in compliance with The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 parameters at this time . The water sample should be taken by a competent professional and analysed at a UKAS Accredited laboratory and be less than 12 months old (from date of sampling) at the time of application. I have attached the full water sample analysis that was carried out at the time of drilling, confirming the raw water quality. As above, the borehole supply is coming from protected and confined aquifers in the bedrock, so it is not expected that the raw water will have changed significantly since that time. However, if a new sample is required, we can arrange for a new water analysis through Aberdeen Scientific Services Ltd, a UKAS accredited laboratory. Details of any past, present, or known problems including water scarcity, proposed further developments or changes regarding yield, water quality or land use including any change in character following rainfall or drought. We can only comment on the borehole water supply itself. To our knowledge, there has been no reported issues of reduced flow in the borehole. The water is drawn from confined aquifers in the bedrock, which are protected from seasonal and climatic change that may be occurring at the surface. For this reason, the supply is at minimal risk of change from any of the factors listed in the above statement. I confirm there has been no problem with the water supply or quality. Page 55
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PLANNING DESIGN AND DRAINAGE STATEMENT PROJECT :- ERECT NEW DWELLING HOUSE AT PLOT TO THE NORTH WEST OF TOMDUGARD DALLAS MORAY IV36 2RZ. PROJECT NUMBER 24-66 This is an application for a single dwelling house in an almost identical style to that of a recently approved house known as Tomdugard. As the design of Tomdugard was considered acceptable, it is assumed that an identical style would also be looked at favourably. The intention is to use an existing access point used by Tomdugard approved under planning reference number 22/00356/APP which had a visibility splay agreed and implemented. The site itself has a back drop of an existing woodland which is outwith the applicants control but considered acceptable in terms of application 22/00356/APP. There are no plans to cut this woodland and even if the trees were to be cut down the hill itself would provide a backdrop for the house. It would be reasonable to expect this woodland to remain in-situ whilst the existing trees already planted around the site, and the addition of the proposed new planting, will have time to mature and screen the house from the public road network. It should be noted that the proposed site is only visible from a short section of a single minor road (U109E Coldhome to Dallas roadway). The existing woodland, planted trees on site at present and proposed new planting will provide ample screening from this minor road. The tree planting between the proposed house and the existing house Tomdugard creates sufficient separation so as to avoid any possibility of creating ribbon development. The tree planting along the access track will also create an avenue feel to the approach to the proposed new house. Page 57
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Included in the overall design is a small pond which is hoped to attract wildlife and improve the biodiversity of the area. The pond will be connected to the the rainwater soakaway, thus providing additional surface water drainage. Being a keen Ornithologist, the applicant would also include the provision for 5 No bat boxes and 10 No bird boxes located on the site to attract and maintain wildlife. All new tree planting will be native spicies. At least 15% of the proposed site will be covered with new tree planting. Drainage will be to a treatment plant and infiltration system. The ground conditions have been tested for Tomdugard and we have assumed that there will be no change in ground conditions despite being approximately 150m away from the original drainage testing point. Similar to Tomdugard, the proposed house will be well insulated, have a renewable energy heating system (likely to be an air source heat pump, solar panels and battery storage), and where possible, built from locally sourced materials, such as Scottish larch cladding. Page 58
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From: Tiia Lakkamaki <Tiia.Lakkamaki@moray.gov.uk> Sent: 06 Oct 2025 03:30:06 To: DMSMyEmail@moray.gov.uk Cc: Subject: FW: 25/00359/APP Erect new dwelling house and garage on Ground To The North West Of Tomdugard, Dallas, Forres, Moray, IV36 2RZ Attachments: 25-00359-APP Erect new dwelling house and garage on Ground To The North West Of Tomdugard, Dallas, Forres, Moray, IV36 2RZ.pdf From: DeveloperObligations <DeveloperObligations@moray.gov.uk> Sent: 06 October 2025 12:53 To: DC-General Enquiries <development.control@moray.gov.uk> Cc: Emma Mitchell <Emma.Mitchell@moray.gov.uk> Subject: 25/00359/APP Erect new dwelling house and garage on Ground To The North West Of Tomdugard, Dallas, Forres, Moray, IV36 2RZ Hi, Please find attached an updated developer obligations response for the above. Kind regards Rebecca Rebecca Morrison Senior Infrastructure Growth/Obligations Officer | Economic Growth and Development news | website | Facebook | Instagram | YouTube rebecca.morrison@moray.gov.uk | 01343 563583 / 07971879253 Work pattern: Hybrid (Mon – Fri) Page 59
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Developer Obligations & Affordable Housing: ASSESSMENT REPORT Date: 06/10/2025 Reference: 25/00359/APP Description: Erect new dwelling house and garage on Ground To The North West Of Tomdugard, Dallas, Forres, Moray, IV36 2RZ Applicant: Dr Chris Eastham Agent: Plans Plus 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 Total Developer Obligations Affordable Housing TOTAL Breakdown of Calculation Proposals for developer obligations are assessed on the basis of Standard Residential Unit Equivalents (SRUE) which is a 3- Page 61
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bedroomed residential unit. This application is considered to comprise of the following: This assessment is therefore based on SRUE. INFRASTRUCTURE Education Primary Education The pupils generated by this development are zoned to Dallas Primary School. The school is currently operating at 54% 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 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 Page 62
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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. Page 63
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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. Page 64
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MORAY COUNCIL PLANNING CONSULTATION RESPONSE From: The Moray Council, Flood Risk Management Planning Application Ref. No: 25/00359/APP I have the following comments to make on the application:- Please x (a) I OBJECT to the application for the reason(s) as stated below (b) I have NO OBJECTIONS to the application and have no condition(s) and/or comment(s) to make on the proposal (c) I have NO OBJECTIONS to the application subject to condition(s) and/or comment(s) about the proposal as set out below (d) Further information is required in order to consider the application as set out below Reason(s) for objection Conditions(s) Further comments(s) to be passed to applicant It is noted that drainage will be to a treatment plant and infiltration system with ground conditions assumed to be the same as they were for Application 22/00356/APP under the same applicant. For completeness of record, the Drainage Assessment undertaken for Application 22/00356/APP should also be included as a Document under this new application (25/00359/APP). Further information required to consider the application Contact: FRM Consultation Date 22/04/25 email address: frmconsultation@moray.gov.uk Consultee: The Moray Council, Flood Risk Management Page 65
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Consultee Comments for Planning Application 25/00359/APP Application Summary Application Number: 25/00359/APP Address: Ground To The North West Of Tomdugard Dallas Forres Moray IV36 2RZ Proposal: Erect new dwelling house and garage on 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 67
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From: Emma Mitchell <Emma.Mitchell@moray.gov.uk> Sent: 02 Sep 2025 05:06:59 To: DMSMyEmail@moray.gov.uk Cc: Subject: FW: 25/00359/APP Plot near Tomdugard Dallas Attachments: PWS Registration Form 1 (002).doc From: Mike Middlehurst <Mike.Middlehurst@moray.gov.uk> Sent: 02 September 2025 16:52 To: Emma Mitchell <Emma.Mitchell@moray.gov.uk> Subject: RE: 25/00359/APP Plot near Tomdugard Dallas Hi Emma, Apologies for the delay, The application does not identify a potable private water supply of wholesome water for the development. There is not a mains water connection close to the development. Outstanding. There is no borehole registered to Blackmyre Farm. Blackmyre Farm is served, according to our records, by 06/00156/SPRING. o Please confirm where the potable water supply will come from and supply a plan showing the location of all infrastructure required to provide the supply to the development including any water storage arrangements including water demand variation storage to the development. This should be an accurate readable plan that identifies key points. Outstanding. There is no borehole registered to Blackmyre Farm. They are served, according to our records by 06/00156/SPRING. No detailed plan has been submitted as requested. o Details of the management of the supply, including ownership, responsibility for maintenance and relevant permissions to connect to the supply. Outstanding. Borehole requires to be registered attached. o The development will require to be listed to the appropriate water supply. If other supplies are to be utilised to provide a sufficiency of potable water, then each supply must be identified detailing the management of the supply, including ownership, responsibility for maintenance and relevant permissions to connect to the supply. Outstanding. Borehole requires to be registered, attached, and details need to be clarified by the applicant or the agent not a third party based on 7 year old information. o A water use assessment for the proposed development based on the number of persons expected to occupy the development and number of garages. Outstanding. Specific to this property is still required. o An up to date water yield report showing the adequacy of the supply or supplies for the proposed use and the number of existing properties and realistic maximum number of people relying on the supply, with full details of the test method used. Outstanding. Yield report submitted is 7 years old, dated 04.07.18. An up to date yield test is required, taken within the last 12 months. o A bacteria and chemical sample of water taken from the intended supply in compliance with The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 parameters at this time . The water sample should be taken by a competent professional and analysed at a UKAS Accredited laboratory and be less than 12 months old (from date of sampling) at the time of application. Page 69
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Outstanding. Testing certificates submitted are 7 years old, dated 05.07.18. They require to be less then 12 months old from the date of the application. o Details of any past, present, or known problems including water scarcity, proposed further developments or changes regarding yield, water quality or land use including any change in character following rainfall or drought. Outstanding. Document lodged 19.06.25 relates to information submitted by a third party based on information 7 years old specifically about the drilling of the borehole. It requires to be up to date and attributable to the applicant or agent. At this moment, the applicant has not demonstrated that a wholesome and adequate water supply can be provided for the proposal which is contrary to National Planning Framework policy 22 and the Moray Local Development Plan policy EP13. Mike Middlehurst Mike Middlehurst Technical Officer | Private Water Grants | Environmental Health news | website | Facebook | Instagram | YouTube mike.middlehurst@moray.gov.uk | 07890 275520 Work pattern part time Tuesday Wednesday Thursday From: Emma Mitchell <Emma.Mitchell@moray.gov.uk> Sent: 01 September 2025 10:19 To: Mike Middlehurst <Mike.Middlehurst@moray.gov.uk> Subject: FW: 25/00359/APP Plot near Tomdugard Dallas Hi Mike I hope you are well. The agent has confirmed that no further information re private water will be submitted, see below. Can you please provide a final consultation response on this basis. Kind regards Emma Page 70
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Consultee Comments for Planning Application 25/00359/APP Application Summary Application Number: 25/00359/APP Address: Ground To The North West Of Tomdugard Dallas Forres Moray IV36 2RZ Proposal: Erect new dwelling house and garage on 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 71
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Consultation Request Notification Planning Authority Name Moray Council Response Date 23rd April 2025 Planning Authority Reference 25/00359/APP Nature of Proposal (Description) Erect new dwelling house and garage on Site Ground To The North West Of Tomdugard Dallas Forres Moray IV36 2RZ Site Postcode N/A Site Gazetteer UPRN 000133072981 Proposal Location Easting 311219 Proposal Location Northing 850429 Area of application site (M2) 8000 Additional Comment Development Hierarchy Level LOCAL Supporting Documentation URL https://publicaccess.moray.gov.uk/eplanning/ce ntralDistribution.do?caseType=Application&ke yVal=STTNJMBGG9Z00 Previous Application 18/01024/APP 21/00042/APP 22/00356/APP Date of Consultation 9th April 2025 Is this a re-consultation of an existing application? No Applicant Name Dr Chris Eastham Applicant Organisation Name Applicant Address Tomdugard Dallas Moray IV36 2RZ Agent Name Plans Plus Agent Organisation Name Agent Address Main Street URQUHART By Elgin Moray IV30 8LG Agent Phone Number Agent Email Address N/A Case Officer Emma Mitchell Case Officer Phone number 01343 563326 Case Officer Mobile number 07966 120592 Case Officer email address emma.mitchell@moray.gov.uk PA Response To consultation.planning@moray.gov.uk NOTE: Page 73
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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 74
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MORAY COUNCIL PLANNING CONSULTATION RESPONSE From: Transportation Manager Planning Application Ref. No: 25/00359/APP Erect new dwelling house and garage on Ground To The North West Of Tomdugard Dallas Forres Moray for Dr Chris Eastham I have the following comments to make on the application:- Please (a) I OBJECT to the application for the reason(s) as stated below ❑ (b) I have NO OBJECTIONS to the application and have no condition(s) and/or comment(s) to make on the proposal ❑ (c) I have NO OBJECTIONS to the application subject to condition(s) and/or comment(s) about the proposal as set out below x (d) Further information is required in order to consider the application as set out below ❑ This proposal is to erect a new dwelling to be served via an existing access for one other property. It is noted that the previous conditions (21/00042/APP) associated with the access for the existing property are yet to be completed and at the time of the site visit the previously sought visibility splays were also not available. The submitted details make reference to the previous visibility splay and access requirements being provided; however, as this is now for an additional property the previous single property access requirements are superseded and now replaced with more onerous ones (as was highlighted in a recent pre-application response 24/01580/PELOC). The applicant does however appear to own all the land required for the access and visibility splay improvements and therefore it would be considered reasonable to apply suspensive style conditions for the corrected drawings to be submitted at a later stage (and prior to any works commencing). The following conditions would apply: Condition(s) 1. Notwithstanding the submitted details no development shall commence until: i) a detailed drawing (scale 1:500 or 1:1000 which shall also include details to demonstrate control of the land) showing the visibility splay 4.5 metres by 120 metres in both directions, with all boundaries set back to a position behind the required visibility splay, and a schedule of maintenance for the splay area has been submitted to and approved by the Council, as Planning Authority in consultation with the Roads Authority; and ii) thereafter the visibility splay shall be provided in accordance with the approved drawing prior to any works commencing (except for those works associated with the provision of the visibility splay); and iii) thereafter the visibility splay shall be maintained at all times free from any obstruction exceeding 0.6 metres above the level of the carriageway in accordance with the agreed schedule of maintenance. Reason: To enable drivers of vehicles leaving the site to have a clear view over a length of road sufficient to allow safe exit, in the interests of road safety for the proposed development and other road users through the provision of details presently lacking. Page 75
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2. Notwithstanding the submitted details no development shall commence until a drawing (scale 1:500) has been submitted to and approved in writing by the Council, as Planning Authority in consultation with the Roads Authority showing the following: • The existing access widened to 5.0m for the first 10m measured from the edge of the carriageway and constructed to Moray Council specification in bituminous macadam for a minimum of the first 10m, with a maximum gradient of 1:20 measured for the first 5.0m from the edge of the public carriageway; • Provision of an access lay-by to Moray Council specification 12.0m long by 2.5m wide with 30 degrees splayed ends at the edge of the public road with the access leading off the lay-by; • Provision of a bin store to safely store bins at the access (set back behind the required visibility splays) And thereafter the access, Lay-by and bin store shall be provided in accordance with the approved details prior to the first occupation of the new dwelling house. Reason: To ensure acceptable infrastructure at the development access and to enable visiting service vehicles to park clear of the public road in the interests of road safety through the provision of details presently lacking. 3. No development shall commence until a detailed drawing (scale 1:500) showing the location and design of a passing place on the section of the U109E Coldhome - Dallas Road (to the Moray Council standards and specification), has been submitted to and approved in writing by the Council, as Planning Authority in consultation with the Roads Authority; and thereafter the passing place shall be constructed in accordance with the approved drawing prior to any development works commencing (except for those works associated with the provision of the passing place). Reason: To enable drivers of vehicles to have adequate forward visibility to see approaching traffic and for two vehicles to safely pass each other ensuring the safety and free flow of traffic on the public road. 3. 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 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. 4. Any existing ditch, watercourse or drain under the site access shall be piped using a suitable diameter of pipe, agreed with the Roads Maintenance Manager (300mm minimum). The pipe shall be laid to a self-cleansing gradient and connected to an outfall. Reason: To ensure the construction of an acceptable access in the interests of road safety and effective drainage infrastructure. 5. No water shall be permitted to drain or loose material be carried onto the public carriageway. Reason: To ensure the safety and free flow of traffic on the public road and access to the site by minimising the road safety impact from extraneous material and surface water in the vicinity of the upgraded access. 6. A turning area shall be provided within the curtilage of the site to enable vehicles to enter and exit in a forward gear. Page 76
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Reason: To ensure the provision for vehicles to enter/exit in a forward gear in the interests of the safety and free flow of traffic on the public road 7. New boundary walls/fences shall be set back from the edge of the public carriageway at a minimum distance of 2.0m and to a position behind the required visibility splays. Reason: To ensure acceptable development in the interests of road safety. Further comment(s) to be passed to applicant The formation of the required visibility splay will involve the removal of gorse and vegetation. Planning consent does not carry with it the right to carry out works within the public road boundary. Note – Electric Vehicle (EV) charger infrastructure would require to be provided for the new property; however, for clarity the EV details shall be assessed separately as part of any associated building warrant submission. Guidance on Electric Vehicle (EV) Charging requirements can be found at http://www.moray.gov.uk/downloads/file147031.pdf Before commencing development the applicant is obliged to apply for Construction Consent in accordance with Section 21 of the Roads (Scotland) Act 1984 for new roads (passing place). The applicant will be required to provide technical information, including drawings and drainage calculations. Advice on this matter can be obtained from the Moray Council web site or by emailing constructionconsent@moray.gov.uk Before starting any work on the existing public road the applicant is obliged to apply for a road opening permit in accordance with Section 56 of the Roads (Scotland) Act 1984. This includes any temporary access joining with the public road. Advice on these matters can be obtained by emailing roadspermits@moray.gov.uk Public utility apparatus may be affected by this proposal. Contact the appropriate utility service in respect of any necessary utility service alterations which have to be carried out at the expense of the developer. No building materials/scaffolding/builder’s skip shall obstruct the public road (including footpaths) without permission from the Roads Authority. The applicant shall free and relieve the Roads Authority from any claims arising out of their operations on the road or extension to the road. Contact: AG Date 11 April 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://public.moray.gov.uk/eplanning/ (You can also use this site to track progress of the application and view details of any consultation responses and representations (whether in support or objection) received on the proposal). In order to comply with the Data Protection Act, personal information including signatures, personal telephone and email details will be removed prior to publication using “redaction” software to avoid (or mask) the display of such information. Where appropriate other “sensitive” information within documents will also be removed prior to publication online. Page 77
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Comments for Planning Application 25/00359/APP Application Summary Application Number: 25/00359/APP Address: Ground To The North West Of Tomdugard Dallas Forres Moray IV36 2RZ Proposal: Erect new dwelling house and garage on Case Officer: Emma Mitchell Customer Details Comment Details Commenter Type: Neighbour Stance: Customer made comments neither objecting to or supporting the Planning Application Comment Reasons: - Affecting natural environment Comment:I do not oppose a house/garage in principle. However, the council seems to allow the 'development' of more and more land along the U109E. Several boreholes have been drilled in the past years. This could possibly have quite an impact on the aquifer, medium and long term, eventually affecting all households in our immediate area. Aquifers typically run dry first on high ground because of the natural flow of ground water. Our area has suffered draught in the past with a couple of wells/boreholes running low or dry altogether. I hope the council takes this into consideration for future 'development' applications. Alternatively, I suggest the council consider bringing public water to the households along the U109E? This seems like the safest solution to guarantee water supply for all properties along our road. Page 79
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Comments for Planning Application 25/00359/APP Application Summary Application Number: 25/00359/APP Address: Ground To The North West Of Tomdugard Dallas Forres Moray IV36 2RZ Proposal: Erect new dwelling house and garage on Case Officer: Emma Mitchell Customer Details Name: Address: Comment Details Commenter Type: Neighbour Stance: Customer made comments neither objecting to or supporting the Planning Application Comment Reasons: - Affecting natural environment Comment:Can you please advise me on the water situation for this development? We rely on a shared natural spring about 500m below this proposed development. We are concerned that if any more boreholes are drilled this would make three within 350m of each other and we fear this could affect our water supply. All boreholes have been recently drilled. The original dwellings on this hill still rely solely on natural springs. We fear that a continuing ribbon development along the U109E will overstretch a limited natural water supply. Page 81
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REPORT OF HANDLING Ref No: 25/00359/APP Officer: Emma Mitchell Proposal Description/ Address Erect new dwelling house and garage on Ground To The North West Of Tomdugard Dallas Forres Moray Date: 03.11.2025 Typist Initials: LMC RECOMMENDATION Approve, without or with condition(s) listed below N Refuse, subject to reason(s) listed below Y Legal Agreement required e.g. S,75 N Notification to Scottish Ministers/Historic Scotland N Hearing requirements Departure N Pre-determination N CONSULTATIONS Consultee Date Returned Summary of Response Planning And Development Obligations 06/10/25 Contribution sought – if permission were to be granted the contribution would be required to be paid upfront or secured via a S.75 legal agreement – the applicant has agreed to this Environmental Health Manager 10/04/25 No objection Contaminated Land 17/04/25 No objection Private Water Supplies 17/04/25 Object – it has not been demonstrated that a wholesome and adequate water supply can be provided Transportation Manager 11/04/25 No objection subject to conditions and informatives being attached to the consent (if granted) Moray Flood Risk Management 22/04/25 No objection DEVELOPMENT PLAN POLICY Policies Dep Any Comments (or refer to Observations below) National Planning Framework (NPF) NPF1 - Tackling the Climate N NPF2 - Climate mitigation and adaptation N NPF3 - Biodiversity N NPF5 - Soils N NPF6 - Forestry, woodland and trees N NPF12 - Zero waste N Page 83
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Page 2 of 7 NPF13 - Sustainable transport N NPF14 - Design, quality and place N NPF15 - Local living N NPF16 - Quality homes N NPF17 - Rural homes Y See observations NPF18 - Infrastructure first N NPF22 - Flood risk and Water Management Y See observations NPF23 - Health and safety N Moray Local Development Plan 2020 (MLDP) PP1 Placemaking N PP3 Infrastructure and Services N DP1 Development Principles Y See observations DP2 Housing N DP4 Rural Housing Y See observations EP1 Natural Heritage Designation N EP7 Forestry Woodland and Trees N EP12 Management and Enhancement Water N EP13 Foul Drainage Y See observations EP14 Pollution Contamination Hazards N REPRESENTATIONS Representations Received YES Total number of representations received: TWO Names/Addresses of parties submitting representations Name and address details of parties submitting representations withheld in accordance with the General Data Protection Regulations. Summary and Assessment of main issues raised by representations Issue: Build-up in area • Council seems to allow more and more development along the U109E. Comments (PO): The proposal is being refused partly due to contributing to an unacceptable build- up of housing in this rural location which is contrary policy. Please see observation section for further details. Issue: Water Supply • Several boreholes have been drilled in the past years. This could impact on the aquifer, medium and long term, eventually affecting all households in our immediate area. Aquifers typically run dry first on high ground because of the natural flow of groundwater. • Our area has suffered drought in the past with a couple of wells/boreholes running low or dry. This should be taken in to consideration. • Alternatively, the council could consider bringing public water to households along the U109E. Page 84
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Page 3 of 7 This seems like the safest solution to guarantee water supply for all properties in this area. • Neighbouring properties rely on a shared natural spring about 500m below this proposed development. If any more boreholes are drilled this would make three within 350m of each other and we fear this could affect neighbouring water supplies. • The original dwellings on this hillside rely solely on natural springs. All the boreholes in this area have been recently drilled. Comments (PO): The proposal is being refused partly due to fact it has not been demonstrated that a wholesome and adequate water supply can be provided to the development. Please see observation section for further details. OBSERVATIONS – ASSESSMENT OF PROPOSAL Proposal • Planning permission is sought for the erection of a dwelling house and detached garage on ground to the north west of Tomdugard, Dallas. • A 3. bed single storey dwelling with living space in the attic is proposed. • External materials include vertical timber larch claddings with dark grey profiled metal sheeting roofing. • The detached garage has a foot print of approx. 49 sqm and is approx. 6.7m. • External materials include vertical timber larch claddings with dark grey profiled metal sheeting roofing. • A treatment plant is proposed. A private water supply is intended. • The site is accessed via an existing access of the U109E. Site Characteristics • The almost rectangular site on a roadside location is 8000 sqm in size and is set in countryside approx. 1.8 km south west of Dallas. • The grassed site is on a hillside position, rising to the south west. The site is described as scrubland on the planning application form. • Mature woodland is located to the south west of the site. Thorabella Farm is located to the north west of the site and Tomdugard (a dwelling) is located to the south east. The public road bounds the site to the north east. • The site is located in rural countryside, there is a mix of agriculture, dwellings and forestry surrounding the site. Policy 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: 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 Page 85
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Page 4 of 7 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 NPF policy 17 and MLDP polices DP1 and DP4 as it contributes to an unacceptable build-up of housing, eroding the character of the countryside and the site lacks enclosure and containment. The proposal site is located in a rural part of Moray which is mainly farmland, with farm related buildings and dwellinghouses and single dwellinghouses. There is forestry located to the south west of the site. There are number of new dwellings within close proximity of the proposal site. The site is considered visually prominent and would be detrimental to the character and setting of the countryside at this location. While the site has a back drop of larch trees, this is not deemed sufficient in this instance to meet the policy requirements given three of the boundaries area open. 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 MLDP 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. Given the size of the site a condition would be attached to the consent if it were to be granted asking for the curtilage of the dwelling to be defined. Out with the defined curtilage there will be no permitted development rights. The reason for this is to safeguard the landscape against unsympathetic siting and design of development which can be carried out without planning permission under Article 2(4) of the Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2011. 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. Transportation were consulted on the proposal and no have no objection to the proposal subject to conditions relating to the requirement for a visibility splay, widening the access, a passing place, parking spaces, turning area, and boundary walls/fences being attached to the consent if planning permission were to be granted. Page 86
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Page 5 of 7 Drainage (NPF 22 / MLDP EP12) 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). Moray Flood Risk Management were consulted on the proposal have no objections to it. If the proposal were to be consented a condition would be attached to the consent to ensure adherence with the submitted drainage assessment. Water (NPF 22 / MLDP EP13) Policies 22 and EP13 require new development to connect to the main system whenever possible. When it is not possible all proposals to use a private water supply must demonstrate that a wholesome and adequate supply can be provided. A professional yield test report and recent laboratory analysis of the source water will typically be required, and information about the source and other properties on the supply may also be requested. This information is necessary to enable the appropriate authorities to advise on adequacy and wholesomeness of the supply for existing and proposed users, as well as pollution risks and treatment requirements. The applicant has failed to demonstrate that a wholesome and adequate water supply can be provided. The applicant has confirmed that a borehole located on the neighbouring properties land (Thorabella Farm) is intended to serve the proposal however the further information requested in order to demonstrate that a wholesome and adequate water supply can serve the proposal has not been submitted. The following information was requested (and not provided): - • A plan showing the location of all infrastructure to provide the water supply; • Details of management of supply; • Details of other users of the supply; • A water use assessment for the proposed development; • An up-to-date yield report (showing the adequacy of the supply or supplies for the proposed use and the number of existing properties and realistic maximum number of people relying on the supply, with full details of the test method used); • Details of any past, present, or known problems including water scarcity, proposed further developments or changes regarding yield, water quality or land use including any change in character following rainfall or drought; and • A bacteria and chemical sample of water taken from the intended supply in compliance with The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 parameters at this time. The water sample should be taken by a competent professional and analysed at a UKAS Accredited laboratory and be less than 12 months old (from date of sampling) at the time of application. It is noted that a certificate of bacteriological examination, certificate of chemical analysis and an indicative yield test data sheet was submitted however the documents are dated 4/7/18 and 5/7/18 therefore they are now over 7 years old. Given they should be less than 12 months old this is clearly unacceptable. The proposal is therefore contrary to policies NPF22 and MLDP EP13. Sustainability (NPF 1 & 2) Policy 1 states that significant weight will be given to the global climate and nature crisis. Policy 2s intent is to encourage, promote and facilitate development that minimises emissions and adapts to the current and future impacts of climate change. Design features increase natural light and heat into the dwelling thereby reducing energy consumption and lighting requirements, and good thermal performance measures will also help to Page 87
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Page 6 of 7 limit heat losses from the dwelling. The Planning Statement details that the proposed house will be insulated, have a renewable energy hating system and where possible built from locally sourced materials such as Scottish larch cladding. 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. A mixture of native tree planting is being proposed within the site which will enhance the biodiversity of the site. The species chosen will provide food in the form of berries and nuts, and opportunities for nesting and shelter. If permission were to be granted a condition requiring a plan showing three bird/bat boxes to be submitted and agreed in writing prior to works commencing would be attached to the consent. These bird/bats boxes would be required to be in situ prior to occupation of the dwelling. The bird/bat boxes would further help to assist in enhancing the biodiversity of the site along with the proposed pond shown on the site plan. The criteria in the policy has been met. Please note this application was submitted prior to the Moray Council's planning policy on biodiversity being adopted therefore it is not applicable to this proposal. 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. The applicant has confirmed willingness to pay the obligation if consent were to be granted. Recommendation Refuse. OTHER MATERIAL CONSIDERATIONS TAKEN INTO ACCOUNT None HISTORY Reference No. Description Erect dwellinghouse and associated aviary on Site At Blackmyre Farm Dallas Forres Moray IV36 2RZ 18/01024/APP Decision Permitted Date Of Decision 22/11/18 Change site access approved under 18/01024/APP at Site At Blackmyre Farm Dallas Forres Moray 21/00042/APP Decision Permitted Date Of Decision 10/03/21 Amended design approved under ref 18/01024/APP for erection of dwellinghouse on Site At Blackmyre Farm Dallas Forres Moray 22/00356/APP Decision Permitted Date Of Decision 27/05/22 Page 88
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Page 7 of 7 ADVERT Advert Fee paid? Yes Local Newspaper Reason for Advert Date of expiry Forres Gazette No Premises 13/05/25 PINS No Premises 13/05/25 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: Planning Design and Drainage Statement Main Issues: Details proposals design and drainage. Document Name: Various documents relating to private water supply (cert of bacteriological examination, certificate of chemical analysis, indicative yield test data sheet) – all dated 2018 Main Issues: S.75 AGREEMENT Application subject to S.75 Agreement NO Summary of terms of agreement: Location where terms or summary of terms can be inspected: DIRECTION(S) MADE BY SCOTTISH MINISTERS (under DMR2008 Regs) Section 30 Relating to EIA NO Section 31 Requiring planning authority to provide information and restrict grant of planning permission NO Section 32 Requiring planning authority to consider the imposition of planning conditions NO Summary of Direction(s) Page 89
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(Page 2 of 3) Ref: 25/00359/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 17 (Rural Homes) and 22 (Flood Risk and Water Management) and the Moray Local Development Plan 2020 (MLDP) policies DP1 (Development Principles), DP4 (Rural Housing) and EP13 (Foul Drainage (Supplementary Guidance)) for the following reasons: - • The proposed introduction of a further house in this location, together with other development in the immediate vicinity, would have the effect of detrimentally altering the rural character of the area and contributing to an unacceptable build-up of housing which is contrary to the siting criteria of policies NPF 17 and MLDP DP4. • The proposed site lacks sufficient enclosure and containment, resulting in a development that would appear visually intrusive and poorly integrated with the surrounding landscape, as such the proposal fails to meet this aspect of the siting requirements of policy DP4. • It has not been demonstrated that the proposed house could be served with an adequate and wholesome water supply as required by policies NPF 22 and MLDP EP13. LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT The following plans and drawings form part of the decision:- Reference Version Title 1-3 Floor plans, section and stove detail 2-3 Elevations, roof layout, first floor layout and foundation plan 3-3 Elevations, roof plan, cross section, floor plan, foundation and location plan Site plan Location plan Page 92
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(Page 3 of 3) Ref: 25/00359/APP NOTICE OF APPEAL TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 If the applicant is aggrieved by the decision to refuse permission for or approval required by a condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant may require the planning authority to review the case under section 43A of the Town and Country Planning (Scotland) Act 1997 within three months from the date of this notice. The notice of review should be addressed to The Clerk, Moray Council Local Review Body, Legal and Committee Services, Council Offices, High Street, Elgin IV30 1BX. This form is also available and can be submitted online or downloaded from www.eplanning.scotland.gov.uk If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the owner of the land’s interest in the land in accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997. Page 93
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APPENDIX 2 NOTICE OF REVIEW, GROUNDS FOR REVIEW & SUPPORTING DOCUMENTS Page 95
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Page 1 of 4 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 100731947-001 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 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: * Other Dr Chris Eastham Tomdugard 1 Tomdugard IV36 2RZ United Kingdom Forres Dallas Page 97
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Page 2 of 4 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 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. TOMDUGARD New dwelling house and garage on the ground to the north west of Tomdugard, Dallas, Moray. Moray Council DALLAS FORRES IV36 2RZ 850439 311226 Page 98
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Page 3 of 4 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) 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? * Please see Supporting Statement. Please see Appeal Supporting Statement. 25/00359/APP 04/11/2025 28/03/2025 Page 99
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Page 4 of 4 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. Declare – Notice of Review I/We the applicant/agent certify that this is an application for review on the grounds stated. Declaration Name: Dr Chris Eastham Declaration Date: 26/01/2026 Payment Details Online payment: T46492 Payment date: 26/01/2026 19:25:56 Created: 26/01/2026 19:25 Page 100
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Planning Appeal Supporting Statement 26 January 2026 Applicant: Chris Eastham Application reference and location: Erect new dwelling house and garage on Ground To The North West Of Tomdugard Dallas Forres Moray 1. Introduction Thank you for the notice dated the 04/11/2026 refusing the application for the proposed dwelling above. We wish to appeal against this decision and provide supporting evidence below. Moray Council stated that the development is contrary to National Planning Framework (NPF) policies 17 (Rural Homes) and 22 (Flood Risk and Water Management) and the Moray Local Development Plan 2020 (MLDP) policies DP1 (Development Principles), DP4 (Rural Housing) and EP13 (Foul Drainage (Supplementary Guidance)) for the following reasons: • The proposed introduction of a further house in this location, together with other development in the immediate vicinity, would have the effect of detrimentally altering the rural character of the area and contributing to an unacceptable build- up of housing which is contrary to the siting criteria of policies NPF 17 and MLDP DP4. • The proposed site lacks sufficient enclosure and containment, resulting in a development that would appear visually intrusive and poorly integrated with the surrounding landscape, as such the proposal fails to meet this aspect of the siting requirements of policy DP4. • It has not been demonstrated that the proposed house could be served with an adequate and wholesome water supply as required by policies NPF 22 and MLDP EP13. Evidence to support the appeal and address these three reasons is detailed below. 2. Policy Context – NPF4 and MLDP It is acknowledged that planning policy seeks to protect countryside character and avoid inappropriate development, reflecting long-standing policy objectives embedded within the MLDP and NPF4. However, national and local planning policy also supports the development of new houses that: • Are suitably sited and integrated within the landscape; • Reflect the local character and settlement pattern; and • Do not result in harmful visual intrusion. Page 101
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2 The refusal decision assumes that any additional house in a rural context automatically contributes to “unacceptable build-up”. This is not a policy test in itself. What matters is whether the specific proposal results in unacceptable change to character or poor landscape fit – and the evidence here shows it does not. Moray’s own housing land audit shows the council has a significant supply of land for new houses, yet this does not justify dismissing sustainable rural housing contributions in appropriate locations. Many areas in Moray have lower delivery rates and need sensitive infill to maintain viable rural communities. The proposed dwelling location is not identified as being in a sensitive or pressurised area in the MLDP. As set out in the MLDP, there should be a ‘tailored’ approach to supporting proposals for a rural home and a balanced approach to addressing the local housing needs in these areas. The MLDP also notes that ‘the projected significant change in demographics means that there will be a significantly higher demand for smaller houses and for houses to meet the needs of Moray’s ageing population’. There is a need for housing in the local area, and the proposed dwelling is for a relatively small three-bedroom house, thus providing suitable accessible housing in accordance with the MLDP. In accordance with MLDP policies DP1, we have confirmed by email on the 07/10/2025 that development obligations and affordable housing costs will be paid. 3. Response to Reason for Refusal - detrimentally altering the rural character of the area and contributing to an unacceptable build-up of housing The Council’s decision states that the proposal ‘would have the effect of detrimentally altering the rural character of the area and contributing to an unacceptable build-up of housing which is contrary to the siting criteria of policies NPF 17 and MLDP DP4’. Key points in response to this are: • The proposal is for one dwelling only, not a cluster or substantial encroachment of housing, and therefore cannot reasonably be characterised as an unacceptable ‘build-up’. • The wider area, while predominantly rural, already includes scattered individual houses and rural dwellings. The site is located in a pattern of dispersed development rather than in an isolated, completely undeveloped landscape. The existing pattern of housing demonstrates that development in this type of rural landscape can be accommodated without undermining character. This dispersed pattern is typical of much of rural Moray and reflects an evolutionary rural development pattern rather than a rigidly nucleated one. The proposed dwelling would read as a continuation of this pattern rather than an isolated intrusion. Page 102
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3 • The proposed single house is designed with environment sustainability and energy efficiency in mind. A renewable energy heating and battery storage will be installed, and the house will be built to be air-tight and well insulated. The house structure is timber frame and the exterior will be larch cladding (locally sourced) with a metal roof. This design is similar to several properties in the local area, including the nearest house, thus forming part of a recognisable group. • Scottish Government policy recognises that sensitive opportunities for rural housing can be accommodated where they reflect local settlement patterns and landscape character. • Moray’s rural areas are not defined by wide separation between individual houses but by small groupings and incremental growth, which is precisely what this proposal represents. 4. Response to Reason for Refusal - lacks sufficient enclosure and containment, resulting in a development that would appear visually intrusive and poorly integrated The Council concluded that the proposal “lacks sufficient enclosure and containment” and would be visually intrusive and poorly integrated”. Key points in response to this are: • The design and layout of the house have been prepared to respond to the site’s topography and landscape features and include measures to ensure integration with the existing environment. The site benefits from existing field boundaries and mature woodland (see Appendix 1) which provide visual containment from the minor public road. Native tree planting has already taken place along two of the other boundaries, and these trees have become established (see Appendix 1) and provide woodland shelter belts which will enhance biodiversity and provide additional landscaping together with the existing mature woodland. The proposal includes plans for further extensive tree planting over the approximately 2 acre plot (>15% of the total area), again providing additional landscaping. In accordance with the policies of the MLDP, no clear felling is required. • Nearby dwellings and built form create visual reference points, reducing the sense of an isolated structure. • Views of the site are limited (a short section along one minor road - (see photos in Appendices 1 and 2) and where visible, the proposal would appear as a natural continuation of the built form already present. The development would not break skylines, dominate the landscape, or create a visual sprawl. • There are no long-range panoramic views that would be dramatically altered by a modest dwelling. Page 103
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4 • The absence of tight enclosure does not inherently mean a dwelling will be intrusive, especially when the design responds to landscape characteristics and local vernacular. When assessed using accepted landscape and visual assessment principles, the proposal would be well integrated and would not dominate the landscape. 5. Response to Reason for Refusal – Water supply The refusal stated that “it has not been demonstrated that the proposed house could be served with an adequate and wholesome water supply as required by policies NPF 22 and MLDP EP13”. Key points in response to this are: • The report of handling lists a number of points requesting information and states this was not provided. This is not correct. This information was provided by email to the Council. • As there is no mains supply in the local area, it is proposed that the water supply will come from an existing borehole at the neighbouring Thorabella Farm. Written confirmation has been sent to the Council that the owners of Thorabella Farm are content with the proposed house using this water supply, which already supplies Tomdugard. We have also confirmed that we have never had an issue with the water supply whilst living at Tomdugard. • We understand the Moray Council visited Thorabella Farm in autumn 2025 to discuss the water supply. However, we have not seen any report or details of what was discussed during this visit. It would be useful to understand what was discussed and the outcomes of any further actions. • The borehole at Thorabella was installed by Filpumps (one of the leading companies in the north-east for private water supply) and we have provided information on the borehole yield and sample analysis, showing that the proposed house could be supplied with an adequate and wholesome water supply. Although these tests were carried out in 2018, Filpumps have confirmed that the water is drawn from confined aquifers in the bedrock, which are protected from seasonal and climatic change that may be occurring at the surface. For this reason, the supply is at minimal risk of change. • We are happy to re-run the tests. However, considering the substantial costs for the tests, we suggest this could be reasonably managed as a condition to any planning permission, which is a common and acceptable planning approach for technical matters. This issue is a technical matter, not a reason to dismiss the principle of development. It is capable of resolution through conditions and further evidence. 6. Conclusion Page 104
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5 For the reasons set out above, it is respectfully submitted that: • The proposed single dwelling does not result in an unacceptable build-up of housing and would not be detrimental to the rural character when properly viewed in context; • The dwelling is capable of being visually integrated and respects landscape character when appropriate containment and design responses are implemented; • An adequate and wholesome water supply can be demonstrated and secured by condition; • The proposal will provide a sustainably designed and well sited house in a rural location, and aligns with the policy intent for rural houses within the NPF ‘to encourage, promote and facilitate the delivery of more high quality, affordable and sustainable rural homes in the right locations’; and • The proposal addresses the planning polices of the NPF4 and MLDP by respecting the landscape character and settlement form. In light of this, it is requested that the appeal be upheld and that planning permission be granted. Page 105
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6 Appendix 1: Photographs from the plot. Figure 1: Native tree planting at the proposed new plot. Figure 2: View from plot to existing house (Tomdugard) and mature woodland Page 107
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7 Figure 3: View of plot and mature woodland. Figure 4: View from plot looking east. Page 108
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8 Figure 5: View of Tomdugard. The proposed new house will have a similar sustainable design and backdrop. Figure 6: Map showing proposed new plot (red dot) and sporadic housing pattern along the minor road Page 109
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9 Appendix 2: Views from the minor public road taken from Google maps Figure 7: View from the minor road looking south towards the new plot Figure 8: View from the minor road looking south-west towards the new plot Page 110