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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.     
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Watching the Meeting
You can watch the webcast live by going to: 
http://www.moray.gov.uk/moray_standard/page_43661.html    
Webcasts are available to view for 1 year following the meeting.  
You can also attend the meeting in person.  If you wish to attend
in person, please come to the High Street entrance door and a
member of staff will let you into the Chamber. 
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GUIDANCE NOTES 
* Declaration of Group Decisions and Members Interests - The Chair of the
meeting shall seek declarations from any individual or political group at the
beginning of a meeting whether any prior decision has been reached on how the
individual or members of the group will vote on any item(s) of business on the
Agenda, and if so on which item(s).  A prior decision shall be one that the
individual or the group deems to be mandatory on the individual or the group
members such that the individual or the group members will be subject to
sanctions should they not vote in accordance with the prior decision.  Any such
prior decisions will be recorded in the Minute of the meeting. 
** Written Questions - Any Member can put one written question about any relevant
and competent business within the specified remits not already on the agenda, to
the Chair provided it is received by the Proper Officer or Committee Services by
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. 
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MORAY COUNCIL 
Moray Local Review Body 
SEDERUNT 
Councillor Marc Macrae  (Chair)
Councillor Amber Dunbar  (Depute Chair)  
Councillor Neil Cameron  (Member)
Councillor Juli Harris  (Member)
Councillor Paul McBain  (Member)
Councillor Draeyk van der Horn  (Member)
Councillor Sonya Warren  (Member)
Councillor Ben Williams  (Member)  
Clerk Name: Lissa Rowan
Clerk Telephone: 07765 741754
Clerk Email: committee.services@moray.gov.uk 
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MORAY COUNCIL 
Minute of Meeting of the Moray Local Review Body 
Thursday, 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.
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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
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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.
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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. 
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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. 
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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.
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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
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APPENDIX 1 
DOCUMENTS CONSIDERED
OR PREPARED BY THE
APPOINTED OFFICER
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The Moray Council Council Office High Street Elgin IV30 1BX  Tel: 0300 1234561  Email: development.control@moray.gov.uk
Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid.
Thank you for completing this application form:
ONLINE REFERENCE 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.
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Agent Details
Please enter Agent details
Company/Organisation:
Ref. Number: You must enter a Building Name or Number, or both: *
First Name: * Building Name:
Last Name: * Building Number:
Address 1
Telephone Number: * (Street): *
Extension Number: Address 2:
Mobile Number: Town/City: *
Fax Number: Country: *
Postcode: *
Email Address: *
Is the applicant an individual or an organisation/corporate entity? *
  Individual    Organisation/Corporate entity
Applicant Details
Please enter Applicant details
Title: You must enter a Building Name or Number, or both: *
Other Title: Building Name:
First Name: * Building Number:
Address 1
Last Name: * (Street): *
Company/Organisation Address 2:
Telephone Number: * Town/City: *
Extension Number: Country: *
Mobile Number: Postcode: *
Fax Number:
Email Address: *
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
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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
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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
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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.
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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
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Land Ownership Certificate
Certificate and Notice under Regulation 15 of the Town and Country Planning (Development Management Procedure) (Scotland)
Regulations 2013
Certificate A
I hereby certify that –
(1) - No person other than myself/the applicant was an owner (Any person who, in respect of any part of the land, is the owner or is the
lessee under a lease thereof of which not less than 7 years remain unexpired.) of any part of the land to which the application relates at
the beginning of the period of 21 days ending with the date of the accompanying application.
(2) - None of the land to which the application relates constitutes or forms part of an agricultural holding
Signed: 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
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g) If this is an application for planning permission, planning permission in principle, an application for approval of matters specified in
conditions or an application for mineral development, have you provided any other plans or drawings as necessary:
  Site Layout Plan or Block plan.
  Elevations.
  Floor plans.
  Cross sections.
  Roof plan.
  Master Plan/Framework Plan.
  Landscape plan.
  Photographs and/or photomontages.
  Other.
If Other, please specify: *  (Max 500 characters)
Provide copies of the following documents if applicable:
A copy of an Environmental Statement. *  Yes   N/A
A Design Statement or Design and Access Statement. *  Yes   N/A
A Flood Risk Assessment. *  Yes   N/A
A Drainage Impact Assessment (including proposals for Sustainable Drainage Systems). *  Yes   N/A
Drainage/SUDS layout. *  Yes   N/A
A Transport Assessment or Travel Plan  Yes   N/A
Contaminated Land Assessment. *  Yes   N/A
Habitat Survey. *  Yes   N/A
A Processing Agreement. *  Yes   N/A
Other Statements (please specify). (Max 500 characters)
Declare – For Application to Planning Authority
I, the applicant/agent certify that this is an application to the planning authority as described in this form. The accompanying
Plans/drawings and additional information are provided as a part of this application.
Declaration Name: Mr Colin Keir
Declaration Date: 27/03/2025
Payment Details
Cheque: Plans Plus,  0144767
Created: 27/03/2025 15:14
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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
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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.
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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.
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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.
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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.
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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.     
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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)   
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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-
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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
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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. 
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TERMS OF ASSESSMENT
This assessment report is valid for a period of
6 months from the date of issue.  
Please note that any subsequent planning
applications for this site may require a re-
assessment to be undertaken on the basis of
the policies and rates pertaining at that time.  
PAYMENT OF CONTRIBUTIONS
Remittance of financial obligations can be
undertaken either through the provision of an
upfront payment or by entering into a Section
75 agreement.  The provision of an upfront
payment will allow a planning consent to be
issued promptly.  However, where the
amount of developer contributions are such
that an upfront payment may be considered
prohibitive a Section 75 will likely be required. 
The payment of contributions may be tied
into the completion of houses through a
Section 75 Agreement or equivalent, to
facilitate the delivery of development. Please
note that Applicants are liable for both the
legal costs of their own Legal Agent fees and
Council’s legal fees and outlays in the
preparation of the document. These costs
should be taken into account when
considering the options.
INDEXATION
Developer obligations towards Moray Council
infrastructure are index linked to the General
Building Cost Price Index (BCPI) as published
by the Building Cost Information Service
(BCIS) of the Royal Institute of Chartered
Surveyors (RICS) from Q3, 2017 and
obligations towards NHS Grampian
infrastructure are index linked to All in Tender
Price Index (TPI) as published by the Royal
Institute of Chartered Surveyors (RICS) from
Q2, 2017. 
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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 
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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
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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.
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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    
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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
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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:- 
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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. 
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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.
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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.
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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 
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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.
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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
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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.  
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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
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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
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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)   
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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
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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.
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APPENDIX 2 
NOTICE OF REVIEW,
GROUNDS FOR REVIEW &
SUPPORTING DOCUMENTS
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The Moray Council Council Office High Street Elgin IV30 1BX  Tel: 0300 1234561  Email: development.control@moray.gov.uk
Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid.
Thank you for completing this application form:
ONLINE REFERENCE 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
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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
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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
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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
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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. 
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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.
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• 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.
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• 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
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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.     
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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
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Figure 3: View of plot and mature woodland. 
Figure 4: View from plot looking east.
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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
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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 
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