Agenda Document Pack - Moray Local Review Body - 14/09/2023
Moray Council · 14 September 2023
Back to Moray Local Review Body — 14 September 2023 and its agenda
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Moray Local Review Body Thursday, 14 September 2023 NOTICE IS HEREBY GIVEN that a Meeting of the Moray Local Review Body is to be held at Council Chambers, Council Office, High Street, Elgin, IV30 1BX on Thursday, 14 September 2023 at 09:30. BUSINESS 1. Sederunt 2. Declaration of Group Decisions and Members Interests * 3. Minute of the meeting held 17 August 2023 5 - 6 4. LR291 - Ward 1 - Speyside and Glenlivet Planning Application 21/01545/APP 0 Change of use of bakery to restaurant and hot food takeaway with flat above and 2 no low cost housing units to the rear 9 New Street, Rothes. 7 - 146 Summary of Local Review Body functions: To conduct reviews in respect of refusal of planning permission or unacceptable conditions as determined by the delegated officer, in terms of the Scheme of Delegation to Officers under Section 43(A)(i) of the Town & Country Planning (Scotland) Act 1997 and the Town & Country Planning (Scheme of Delegation and Local Review Procedure)(Scotland) Regulations 2013, or where the Delegated Officer has not determined the application within 3 months of registration. Page 1
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GUIDANCE NOTES * Declaration of Group Decisions and Members Interests - The Chair of the meeting shall seek declarations from any individual or political group at the beginning of a meeting whether any prior decision has been reached on how the individual or members of the group will vote on any item(s) of business on the Agenda, and if so on which item(s). A prior decision shall be one that the individual or the group deems to be mandatory on the individual or the group members such that the individual or the group members will be subject to sanctions should they not vote in accordance with the prior decision. Any such prior decisions will be recorded in the Minute of the meeting. ** Written Questions - Any Member can put one written question about any relevant and competent business within the specified remits not already on the agenda, to the Chair provided it is received by the Proper Officer or Committee Services by 12 noon two working days prior to the day of the meeting. A copy of any written answer provided by the Chair will be tabled at the start of the relevant section of the meeting. The Member who has put the question may, after the answer has been given, ask one supplementary question directly related to the subject matter, 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. *** Question Time - At each ordinary meeting of the Committee ten minutes will be allowed for Members questions when any Member of the Committee can put a question to the Chair on any business within the remit of that Section of the Committee. The Member who has put the question may, after the answer has been given, ask one supplementary question directly related to the subject matter, but no discussion will be allowed. No supplementary question can be put or answered more than ten minutes after the Committee 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/she can submit it in writing to the proper officer who will arrange for a written answer to be provided within seven working days. Page 3
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MORAY COUNCIL Moray Local Review Body SEDERUNT Councillor Marc Macrae (Chair) Councillor Amber Dunbar (Depute Chair) Councillor Neil Cameron (Member) Councillor Juli Harris (Member) Councillor Sandy Keith (Member) Councillor Paul McBain (Member) Councillor Derek Ross (Member) Councillor Draeyk Van Der Horn (Member) Councillor Sonya Warren (Member) Clerk Name: Lissa Rowan Clerk Telephone: 07765 741754 Clerk Email: committee.services@moray.gov.uk Page 4
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MORAY COUNCIL Minute of Meeting of the Moray Local Review Body Thursday, 17 August 2023 Council Chambers, Council Office, High Street, Elgin, IV30 1BX PRESENT Councillor Neil Cameron, Councillor Amber Dunbar, Councillor Juli Harris, Councillor Sandy Keith, Councillor Marc Macrae, Councillor Paul McBain, Councillor Derek Ross, Councillor Draeyk Van Der Horn, Councillor Sonya Warren IN ATTENDANCE Mrs L MacDonald, Senior Planning Officer, as Planning Adviser, Mr S Hoath, Senior Solicitor, and Mrs J Smith, Solicitor as Legal Advisers and Mrs L Robinson, Committee Services Officer, as Clerk to the Committee. 1. Chair Councillor Macrae, being Chair of the Moray Local Review Body (MLRB), chaired the meeting. 2. Declaration of Group Decisions and Members Interests * In terms of Standing Order 21 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 15 June 2023 The minute of the meeting dated 15 June 2023 was submitted as an accurate account of the meeting. 4. LR290 - Ward 7 - Elgin City South Planning Application 22/01849/APP - Erect free standing car port at 32 Muirfield Road, Elgin 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 proposed car port does not comply with the Moray Local Development Plan Policy DP1 - Development Principles and National Planning Framework 4 Policy 16 - Quality Homes because it would sit forward of the principle elevation of a mid- terrace house in an area where there are no buildings/structures that sit to the front of houses. The proposal therefore would appear out of place and be detrimental to the established character of the surrounding area. It would also set a precedent for further similar development. Item 3. Page 5
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A Summary of Information Report set out the reasons for refusal, together with the documents considered or prepared by the Appointed Officer in respect of the planning application, in addition to 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 and Planning Advisers had any preliminary matters to raise, the Legal Advisers advised that they had nothing to raise at this time. Mrs MacDonald, Planning Adviser, advised that there was an error in Response Point 1 in the Statement of Case submitted by the Applicant. In the response the Applicant states that they are of the opinion that NPF4 policies were not in place at the time of the application and therefore should not be considered. Mrs MacDonald advised that NPF4 was not in place when the application was submitted but was in place when the application was determined and therefore should be considered. The Chair the asked the Moray Local Review Body (MLRB) if it had sufficient information to determine the request for review. In response the MLRB unanimously agreed that it had sufficient information to determine the case. Councillor Harris sought clarification as to whether the Applicant had provided any evidence of free standing structures to the front of houses in the estate. In response, the Planning Adviser confirmed that all of the photographs provided by the Applicant were of porches, extensions or conservatories, there was nothing free standing and, as per the Appointed Officer's report, it was the freestanding nature of the building that was the issue. Councillor Van der Horn sought clarification on the plans that had been submitted by the Applicant, as he was of the opinion that the elevations showed free standing structures at neighbouring properties and that was not how the properties were in reality. In response, the Planning adviser confirmed that they were actually three separate drawings, 2 side elevations and the front, but the way they had been presented looked confusing when viewed as A4. Councillor Van der Horn accepted this explanation. There being no one otherwise minded, the MLRB unanimously agreed to uphold the original decision of the Appointed Officer to refuse Planning Application 22/01849/APP as the proposal does not comply with the Moray Local Development Plan Policy DP1 - Development Principles and National Planning Framework 4 Policy 16 - Quality Homes. Page 6
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MORAY LOCAL REVIEW BODY 14 SEPTEMBER 2023 SUMMARY OF INFORMATION FOR CASE No LR291 Ward 1 – Speyside and Glenlivet Planning Application 21/01545/APP – Change of use of bakery to restaurant and hot food takeaway with flat above and 2 no low cost housing units to the rear 9 New Street, Rothes Planning permission in principle was refused under the Statutory Scheme of Delegation by the Appointed Officer on 17 April 2023 on the grounds that: The proposal is contrary to the development plan (i.e. national Planning Framework 4 and the Moray Local Development Plan 2020) because the site is at risk of fluvial flooding from the nearby Broad Burn, as identified via SEPA flood maps and noted in the Flood Risk assessment that accompanied this application. The site is offers a degree of protection from flooding via the Rothes Flood Alleviation Scheme however during a 1 in 200 year event along with an allowance for climate change, flood water is likely to overtop the flood defences. The site is therefore at risk of flooding and a safe and flood free route to and from a secure place that is connected to ground above the design flood level and/or wider area. On this basis the proposal therefore fails to comply with the following development plan policies: NPF4 Policy 22 – Flood Risk and Water Management MLDP Policy EP12 – Management ad Enhancement of the Water Environment NPF4 Policy 1 – Tackling the Climate and Nature Crises NPF4 Policy 2 – Climate Mitigation and Adaption 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. At the meeting of the Moray Local Review Body (MLRB) on 16 February 2023, the MLRB noted that National Planning Framework 4 (NPF4) had been adopted by the Council on Monday 13 February 2023 and that all planning applications determined beyond this date would have to take NPF4 into consideration, as this is now part of the MLDP 2020 and deferred consideration of the above Review to request further information from the Appointed Officer and Interested Parties after considering the Item 4. Page 7
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2 planning application in light of NPF4 with any response received being forwarded to the Applicant for comment. Page 8
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ROTHES Distillery Caperdonich Recreation Ground Fire Station Hall Pavilion El Hotel The Villa Tel Ex Castle El Sub Sta Lighting Columns (remains of) Works Path (um) Courts Mast (Telecommunication) Police Anvil Cottage Track Tennis Bowling Sta Club Path Stone Albyn Cottage Church Tanks Station Mews Ardreay Tank 70.6m 86.6m 72.5m 93.9m Green 71.6m 70.3m 70.4m 79.6m 69.3m 71.3m 73.8m Garage Chimney School House A 941 Rothes House Play Area The Beeches Sub The Manse 68.0m Gov Town Gas LB Gas Gov Sabacha to FB KIRK PLACE SPEY DRIVE DOMINIES LANE SEAFIELD BOBBIES LANE TCB HIGH STREET STATION STREET GLENNIES LANE BREICH STREET 71 to 73 46 to 48 16 to 18 BURNSIDE STREET SPEY STREET PH PC GREEN STREET NEW STREET STREET BOUNCERS LANE Linnburn BRAE Centre Inglewood Granary 3 2 10 28 16 5 17 35 9 65 29 2a 12 8 33 11 19 18 23 21 14 1 40 42 53 43 4 7 67 62 64 25 60 27 44 57 36 6 20a 15 68 86 47 49 75 24 38 13 2b 39 37 22 74 66 52 20 61 87 26 30 41 DUNROBIN LANE 4 2 16 9 Tank 22 2 7 10 11 1 Pavilion 2 Garage 5 35 5 14 44 19 2 33 18 11 12 25 13 23 8 PH 18 Pavilion 39 24 FB 4 11 3 21 El Sub Sta LB 14 25 1 23 15 28 Sta 18 10 1 12 2 1 37 13 Tank 21 26 21 53 Hall 2 Hotel 1 27 29 24 6 El Sub Sta 6 6 8 1 10 10 3 11 40 12 8 25 3 28 29 4 10 10 18 17 12 1 3 42 15 Location plan for Planning Application Reference Number : 21/01545/APP 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 2023 Page 10
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APPENDIX 1 DOCUMENTS CONSIDERED OR PREPARED BY THE APPOINTED OFFICER Page 12
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Page 1 of 8 The Moray Council Council Office High Street Elgin IV30 1BX Tel: 0300 1234561 Email: development.control@moray.gov.uk Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid. Thank you for completing this application form: ONLINE REFERENCE 100479410-001 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 Change of use of bakery to restaurant and hot food takeaway with proprietors flat above and 2 No low cost housing units to the rear. Page 14
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Page 2 of 8 Agent Details Please enter Agent details Company/Organisation: Ref. Number: You must enter a Building Name or Number, or both: * First Name: * Building Name: Last Name: * Building Number: Address 1 Telephone Number: * (Street): * Extension Number: Address 2: Mobile Number: Town/City: * Fax Number: Country: * Postcode: * Email Address: * Is the applicant an individual or an organisation/corporate entity? * Individual Organisation/Corporate entity Applicant Details Please enter Applicant details Title: You must enter a Building Name or Number, or both: * Other Title: Building Name: First Name: * Building Number: Address 1 Last Name: * (Street): * Company/Organisation Address 2: Telephone Number: * Town/City: * Extension Number: Country: * Mobile Number: Postcode: * Fax Number: Email Address: * Plans Plus Mr Colin Peter Keir Ford Main Street New Street 9 Plans Plus Offices 01343 842635 IV30 8LG AB38 9BQ Moray UK By Elgin Aberlour Urquhart Rothes ctkplans@aol.com ctkplans@aol.com Page 15
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Page 3 of 8 Site Address Details Planning Authority: Full postal address of the site (including postcode where available): Address 1: Address 2: Address 3: Address 4: Address 5: Town/City/Settlement: Post Code: Please identify/describe the location of the site or sites Northing Easting Pre-Application Discussion Have you discussed your proposal with the planning authority? * Yes No 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. 9 NEW STREET 0.06 Bakery and temporary emporium Moray Council ROTHES ABERLOUR AB38 7BQ 849267 327753 Page 16
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Page 4 of 8 Are you proposing any change to public paths, public rights of way or affecting any public right of access? * Yes No If Yes please show on your drawings the position of any affected areas highlighting the changes you propose to make, including arrangements for continuing or alternative public access. How many vehicle parking spaces (garaging and open parking) currently exist on the application Site? How many vehicle parking spaces (garaging and open parking) do you propose on the site (i.e. the Total of existing and any new spaces or a reduced number of spaces)? * Please show on your drawings the position of existing and proposed parking spaces and identify if these are for the use of particular types of vehicles (e.g. parking for disabled people, coaches, HGV vehicles, cycles spaces). Water Supply and Drainage Arrangements Will your proposal require new or altered water supply or drainage arrangements? * Yes No Are you proposing to connect to the public drainage network (eg. to an existing sewer)? * Yes – connecting to public drainage network No – proposing to make private drainage arrangements Not Applicable – only arrangements for water supply required Do your proposals make provision for sustainable drainage of surface water?? * Yes No (e.g. SUDS arrangements) * Note:- Please include details of SUDS arrangements on your plans Selecting ‘No’ to the above question means that you could be in breach of Environmental legislation. Are you proposing to connect to the public water supply network? * Yes No, using a private water supply No connection required If No, using a private water supply, please show on plans the supply and all works needed to provide it (on or off site). Assessment of Flood Risk Is the site within an area of known risk of flooding? * Yes No Don’t Know If the site is within an area of known risk of flooding you may need to submit a Flood Risk Assessment before your application can be determined. You may wish to contact your Planning Authority or SEPA for advice on what information may be required. Do you think your proposal may increase the flood risk elsewhere? * Yes No Don’t Know Trees Are there any trees on or adjacent to the application site? * Yes No If Yes, please mark on your drawings any trees, known protected trees and their canopy spread close to the proposal site and indicate if any are to be cut back or felled. Waste Storage and Collection Do the plans incorporate areas to store and aid the collection of waste (including recycling)? * Yes No 0 4 Page 17
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Page 5 of 8 If Yes or No, please provide further details: * (Max 500 characters) Residential Units Including Conversion Does your proposal include new or additional houses and/or flats? * Yes No How many units do you propose in total? * Please provide full details of the number and types of units on the plans. Additional information may be provided in a supporting statement. All Types of Non Housing Development – Proposed New Floorspace Does your proposal alter or create non-residential floorspace? * Yes No All Types of Non Housing Development – Proposed New Floorspace Details For planning permission in principle applications, if you are unaware of the exact proposed floorspace dimensions please provide an estimate where necessary and provide a fuller explanation in the ‘Don’t Know’ text box below. Please state the use type and proposed floorspace (or number of rooms if you are proposing a hotel or residential institution): * Gross (proposed) floorspace (In square meters, sq.m) or number of new (additional) Rooms (If class 7, 8 or 8a): * If Class 1, please give details of internal floorspace: Net trading spaces: Non-trading space: Total: If Class ‘Not in a use class’ or ‘Don’t know’ is selected, please give more details: (Max 500 characters) 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? * Bins associated with restaurant and domestic recycling bins for domestic properties 3 Class 1 Retail (food) 11 126222 Page 18
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Page 6 of 8 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 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: Mr Peter Ford Date: 30/09/2021 Please tick here to certify this Certificate. * Checklist – Application for Planning Permission Town and Country Planning (Scotland) Act 1997 The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 Please take a few moments to complete the following checklist in order to ensure that you have provided all the necessary information in support of your application. Failure to submit sufficient information with your application may result in your application being deemed invalid. The planning authority will not start processing your application until it is valid. a) If this is a further application where there is a variation of conditions attached to a previous consent, have you provided a statement to that effect? * Yes No Not applicable to this application b) If this is an application for planning permission or planning permission in principal where there is a crown interest in the land, have you provided a statement to that effect? * Yes No Not applicable to this application c) If this is an application for planning permission, planning permission in principle or a further application and the application is for development belonging to the categories of national or major development (other than one under Section 42 of the planning Act), have you provided a Pre-Application Consultation Report? * Yes No Not applicable to this application Page 19
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Page 7 of 8 Town and Country Planning (Scotland) Act 1997 The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 d) If this is an application for planning permission and the application relates to development belonging to the categories of national or major developments and you do not benefit from exemption under Regulation 13 of The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, have you provided a Design and Access Statement? * Yes No Not applicable to this application e) If this is an application for planning permission and relates to development belonging to the category of local developments (subject to regulation 13. (2) and (3) of the Development Management Procedure (Scotland) Regulations 2013) have you provided a Design Statement? * Yes No Not applicable to this application f) If your application relates to installation of an antenna to be employed in an electronic communication network, have you provided an ICNIRP Declaration? * Yes No Not applicable to this application g) If this is an application for planning permission, planning permission in principle, an application for approval of matters specified in conditions or an application for mineral development, have you provided any other plans or drawings as necessary: Site Layout Plan or Block plan. Elevations. Floor plans. Cross sections. Roof plan. Master Plan/Framework Plan. Landscape plan. Photographs and/or photomontages. Other. If Other, please specify: * (Max 500 characters) Provide copies of the following documents if applicable: A copy of an Environmental Statement. * Yes N/A A Design Statement or Design and Access Statement. * Yes N/A A Flood Risk Assessment. * Yes N/A A Drainage Impact Assessment (including proposals for Sustainable Drainage Systems). * Yes N/A Drainage/SUDS layout. * Yes N/A A Transport Assessment or Travel Plan Yes N/A Contaminated Land Assessment. * Yes N/A Habitat Survey. * Yes N/A A Processing Agreement. * Yes N/A Other Statements (please specify). (Max 500 characters) Page 20
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Page 8 of 8 Declare – For Application to Planning Authority I, the applicant/agent certify that this is an application to the planning authority as described in this form. The accompanying Plans/drawings and additional information are provided as a part of this application. Declaration Name: Mr Colin Keir Declaration Date: 30/09/2021 Page 21
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9 New Street, Rothes Flood Risk Assessment November 2022 Page 33
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149203: 9 New Street, Rothes Flood Risk Assessment CONTROL SHEET CLIENT: Mr Peter Ford PROJECT TITLE: 9 New Street, Rothes REPORT TITLE: Flood Risk Assessment PROJECT REFERENCE: 149203 DOCUMENT NUMBER: 149203/G/W/001 Issue & Approval Schedule <Issue 1> <STATUS> Name Signature Date Prepared by Jennifer MacDonald Signed copy held on file 28/10/22 Checked by Jenny Kirkpatrick Signed copy held on file 31/10/22 Approved by Kenneth Barr Signed copy held on file 15/11/22 Revision Record Rev. Date Status Description Signature 1 Prepared By Checked Approved 2 Prepared By Checked Approved 3 Prepared By Checked Approved This document has been prepared in accordance with the Fairhurst Quality and Environmental Management System and in accordance with the instructions of the client, Mr Peter Ford, for the client’s sole and specific use. Any other persons who use any information contained herein do so at their own risk. Any information provided by third parties and referred to herein has not been checked or verified by Fairhurst unless otherwise expressly stated within this report. Unless otherwise agreed in writing, all intellectual property rights in, or arising out of, or in connection with this report, are owned by Fairhurst. The client named above has a licence to copy and use this report only for the purposes for which it was provided. The licence to use and copy this report is subject to other terms and conditions agreed between Fairhurst and the client. Fairhurst is the trading name of Fairhurst Group LLP, a limited liability partnership registered in Scotland with the registered number SO307306 and registered office at 43 George Street, Edinburgh EH2 2HT. Page 34
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149203: 9 New Street, Rothes Flood Risk Assessment CONTENTS 1. Introduction .................................................................................................................................. 1 2. Planning Policy ............................................................................................................................ 2 2.1 National Planning Policy ..................................................................................................... 2 2.2 Local Planning Policy .......................................................................................................... 3 3. Development Site ........................................................................................................................ 6 3.1 Existing Conditions .............................................................................................................. 6 3.2 Proposed Development ....................................................................................................... 6 3.3 Sources of Flood Risk Information ...................................................................................... 6 4. Potential Sources of Flood Risk .................................................................................................. 9 5. Flood Risk Analysis ................................................................................................................... 10 5.1 Coastal Flooding ............................................................................................................... 10 5.2 Fluvial Flows ...................................................................................................................... 10 5.3 Overland Flow ................................................................................................................... 10 5.4 Infrastructure Failure ......................................................................................................... 12 5.5 Sewer Flooding ................................................................................................................. 12 5.6 Groundwater Flooding ....................................................................................................... 12 6. Conclusion and Recommendations .......................................................................................... 14 Site Layout Drawings Consultation Responses Compliance Certificate Page 35
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149203: 9 New Street, Rothes Flood Risk Assessment 1 1. Introduction Fairhurst was appointed by Mr Peter Ford to carry out a Flood Risk Assessment (FRA) for the proposed re-development of an existing commercial site for residential and commercial uses. The proposed development is located at the site of an Old Bakery at 9 New Street, Rothes in the Moray Council Area. A plan of the location of the proposed re-development site in relation to the local area is provided in Figure 1. This report forms an assessment of flood risk for the development as a whole in accordance with Scottish Planning Policy (SPP). Flood risk at the site has primarily been assessed in relation to flood risk from the Burn of Rothes, however other potential sources of flood risk have also been considered. Contains Ordnance Survey data © Crown copyright and database rights 2022 Figure 1: Site Location Plan Page 36
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149203: 9 New Street, Rothes Flood Risk Assessment 2 2. Planning Policy 2.1 National Planning Policy In consideration of planning applications, planning authorities require to be satisfied that due account has been taken of SPP, and the Scottish Government’s online Planning Advice on Flood Risk. It is necessary to show that adequate protection against flooding exists or can be provided for the proposed development and that the development does not increase any existing flood risk to persons or property upstream and downstream. The flood risk framework guiding development sets out three categories of coastal and watercourse flood risk, together with guidance on surface water flooding, and the appropriate planning approach for each. The three categories relate to annual probabilities associated with the land at the time a plan is being prepared or a planning application is made. These are as follows: Little or No Risk - annual probability of coastal or watercourse flooding is less than 0.1% (1:1000 years) o No constraints due to coastal or watercourse flooding. Low to Medium Risk - annual probability of coastal or watercourse flooding is between 0.1% and 0.5% (1:1,000 to 1:200 years) o Suitable for most development. A flood risk assessment may be required at the upper end of the probability range (i.e. close to 0.5%), and for essential infrastructure and the most vulnerable uses. Water resistant materials and construction may be required. o Generally not suitable for civil infrastructure. Where civil infrastructure must be located in these areas or is being substantially extended, it should be designed to be capable of remaining operational and accessible during extreme flood events. Medium to High Risk - annual probability of coastal or watercourse flooding is greater than 0.5% (1:200 years) o May be suitable for: residential, institutional, commercial and industrial development within built-up areas provided flood protection measures to the appropriate standard already exist and are maintained, are under construction, or are a planned measure in a current flood risk management plan; essential infrastructure within built-up areas, designed and constructed to remain operational during floods and not impede water flow; some recreational, sport, amenity and nature conservation uses, provided appropriate evacuation procedures are in place; and job-related accommodation, e.g. for caretakers or operational staff. o Generally not suitable for: civil infrastructure and the most vulnerable uses; additional development in undeveloped and sparsely developed areas, unless a location is essential for operational reasons, e.g. for navigation and water- based recreation, agriculture, transport or utilities infrastructure (which should Page 37
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149203: 9 New Street, Rothes Flood Risk Assessment 3 be designed and constructed to be operational during floods and not impede water flow), and an alternative, lower risk location is not available; and new caravan and camping sites. o Where built development is permitted, measures to protect against or manage flood risk will be required and any loss of flood storage capacity mitigated to achieve a neutral or better outcome. o Water-resistant materials and construction should be used where appropriate. Elevated buildings on structures such as stilts are unlikely to be acceptable. Guidance on surface water flooding includes the following: Infrastructure and buildings should generally be designed to be free from surface water flooding in rainfall events where the annual probability of occurrence is greater than 0.5% (1:200 years). Surface water drainage measures should have a neutral or better effect on the risk of flooding both on and off the site, taking account of rain falling on the site and run-off from adjacent areas. 2.2 Local Planning Policy The Moray Local Development Plan 2020 sets out the council’s vision for development within the Moray Council area over the course of the next 10 years. The plan outlines the policies which will be considered when determining planning applications and provides guidance on the types and extents of development which are proposed for areas identified for growth within the Moray Council area. Policy EP12 (‘Management and Enhancement of the Water Environment’) states that: ‘New development will not be supported if it would be at significant risk of flooding from any source or would materially increase the possibility of flooding elsewhere. For development at or near coastal locations, this includes consideration of future flooding that may be caused by sea level rise and/or coastal change eroding existing natural defences in the medium and long term. Proposals for development in areas considered to be at risk from flooding will only be permitted where a flood risk assessment to comply with the recommendations of Scottish Planning Policy and to the satisfaction of Scottish Environment Protection Agency and the Council is provided by the applicant. There are different levels of flood risk assessment dependent on the nature of the flood risk. The level of assessment should be discussed with the Council prior to submitting a planning application. Level 1 – a flood statement with basic information with regard to flood risk. Level 2 – full flood risk assessment providing details of flood risk from all sources, results of hydrological and hydraulic studies and any appropriate proposed mitigation. Assessments must demonstrate that the development is not at risk of flooding and would not increase the probability of flooding elsewhere. Level 2 flood risk assessments must be signed off by a competent professional. The Flood Risk Page 38
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149203: 9 New Street, Rothes Flood Risk Assessment 4 Assessment and Drainage Impact Assessment for New Development Supplementary Guidance provides further detail on the information required.’ Due to continuing changes in climatic patterns, the precautionary principle will apply when reviewing any application for an area at risk from inundation by floodwater. Proposed development in coastal areas must consider the impact of tidal events and wave action when assessing potential flood risk. The following limitations on development will also be applied to take account of the degree of flooding as defined in Scottish Planning Policy; a) In areas of little to no risk (less than 0.1%), there will be no general constraint to development. b) Areas of low to medium risk (0.1% to 0.5%) will be considered suitable for most development. A flood risk assessment may be required at the upper end of the probability range i.e. (close to 0.5%) and for essential civil infrastructure and the most vulnerable uses. Water resistant materials and construction may be required. Areas within this risk category will generally not be suitable for civil infrastructure. Where civil infrastructure must be located in these areas or is being substantially extended, it should be designed to be capable of remaining operational and accessible during flooding events. c) Areas of medium to high risk (0.5% or above) may be suitable for: Residential, institutional, commercial and industrial development within built up areas provided that flood protection measures to the appropriate standard already exist and are maintained, are under construction, or are a planned measure in a current flood management plan. Essential infrastructure within built up areas, designed and constructed to remain operational during floods and not impede water flow. Some recreational, sport, amenity and nature conservation uses, provided appropriate evacuation procedures are in place, and Employment related accommodation e.g. caretakers or operational staff. Areas within these risk categories will generally not be suitable for the following uses and where an alternative/lower risk location is not available; Civil infrastructure and most vulnerable uses. Additional development in undeveloped and sparsely developed areas, unless a location is essential for operational reasons e.g. for navigation and water based recreation, agriculture, transport or utilities infrastructure (which should be designed to be operational during floods and not impede water flows). New caravan and camping sites. Where development is permitted, measures to protect against or manage flood risk will be required and any loss of flood storage capacity mitigated to achieve a neutral or better outcome. Water resistant materials and construction must be used where appropriate. Land Page 39
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149203: 9 New Street, Rothes Flood Risk Assessment 5 raising and elevated buildings on structures such as stilts are unlikely to be acceptable.’ Moray Council recently adopted the new supplementary guidance ‘Flood Risk and Drainage Impact Assessment for New Developments’ in August 2020. This supplementary guidance which further expands on Policy EP12 and provides details of what should be included within any Flood Risk Assessment. Page 40
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149203: 9 New Street, Rothes Flood Risk Assessment 6 3. Development Site 3.1 Existing Conditions The proposed development site covers a total area of approximately 360m2, comprising developed land with the existing building currently used as a commercial premises. Site access is from New Street (A941) immediately to the front (West) of the property, and from Station Street located immediately to the side (South) and rear (East) of the property. The land to the north of the property is currently occupied by a mix of commercial and residential properties. LiDAR data indicates that ground levels in the site are situated at approximately 71mAOD. The Burn of Rothes flows south west to north east in the vicinity of the site, and is located approximately 25m to the south east of the site at its closest point. The river is crossed by the New Street (A941) Road Bridge approximately 40m to the south of the site. The Burn of Rothes forms part of the Rothes Flood Alleviation Scheme (FAS) which was completed in 2011. The FAS included undertaking various engineering works on the Burn of Rothes and two other watercourses – the Back Burn and the Black Burn. The scheme is comprised of earthworks embankments, flood walls, a new flood relief channel and bank protections works. Channel widening and replacement of bridge structures were also undertaken during construction of the scheme. The FAS was designed to protect Rothes against flooding in a 1 in 100 year flood event including an allowance for climate change. 3.2 Proposed Development The proposed development (Planning Ref: 21/01545/APP) is for a change of use of an existing bakery to create a restaurant and hot food takeaway with a flat above. Two semi-detached low cost housing units are also proposed for the land to the rear of the restaurant. Existing access routes would be maintained from New Street to the west, and Station Street to the south and east. The proposed site layout is provided in Appendix A. 3.3 Sources of Flood Risk Information 3.3.1 SEPA Flood Maps SEPA’s flood maps provide guidance on the possible extent, depth and velocity for different likelihoods (‘High, Medium and Low’) of fluvial, coastal and pluvial flooding, alongside various associated information. These maps are a strategic planning tool, the resolution of which does not take account of individual hydraulic structures or drainage infrastructure. These provide indicative flood risk information, rather than site-specific detail. The SEPA flood maps indicate that the site is likely to be at risk of fluvial flooding in a 1 in 200 year flood event, and that New Street to the west of the site is at risk of surface water flooding in an event of the same magnitude. Whilst the flood maps can be a useful tool for initially considering whether a site may be at risk of flooding, the following caveat is attached to their use: “The Flood Maps are indicative and of a strategic nature. Whilst all reasonable effort has been made to ensure that the Flood Maps are accurate for their intended purpose, no Page 41
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149203: 9 New Street, Rothes Flood Risk Assessment 7 warranty is given by SEPA in this regard… It is inappropriate for these Flood Maps to be used to assess flood risk to an individual property.” More detailed analysis is required to fully understand the flood risk to any development site and is provided in Section 5 of this report. 3.3.2 SEPA Reservoirs Map In order to implement the Reservoirs (Scotland) Act 2011, SEPA produced reservoir inundation maps (RIMs). These maps illustrate the areas likely to be flooded by an uncontrolled release of water from a reservoir with storage volume of 25,000 m3 or more. The SEPA RIMs indicates that the site is not at risk of reservoir flooding. 3.3.3 SEPA Consultation SEPA were consulted in December 2021 in relation to the proposed development. In their response (dated February 2022) they submitted a holding objection and requested that further information in relation to flood risk is provided. SEPA highlighted that the site is currently afforded some flood risk protection from the existing Burn of Rothes Flood Alleviation Scheme, and advised that further information on the scheme should be obtained from Moray Council to support the proposed development. SEPA also stated that the proposals for change of use from commercial to partly residential is an increase in flood risk vulnerability, and they would therefore not support the site proposals if the development was at risk of flooding. It was also specified that a freeboard allowance of at least 0.6m should be provided between FFLs and design flood levels, including an allowance for climate change. The full response is provided in Appendix B. 3.3.4 Local Authority Moray Council Flood Risk Management Department provided flood levels from the Rothes Flood Alleviation Scheme Flood Model Update (2021) for use within this FRA. Further consultations were undertaken with Moray Council to confirm the approach to setting Finished Floor Levels for the development. The council confirmed by email (dated 12/10/22) that a freeboard of 600mm above the modelled depth of flooding at the site in a 200 year + CC event was acceptable, as opposed to a freeboard above the adjacent in-channel flows which are considered to be artificially high due to the confinement caused by the Rothes FAS flood walls. 3.3.5 Previous Flood Studies Rothes Flood Alleviation Scheme: Flood Model Update (2021) The Flood Model Update study was undertaken by AECOM on behalf of Moray Council in 2021 to review existing hydraulic models previously developed for the watercourses in Rothes as part of the Rothes FAS. This project included the updating of the hydrology used in the existing hydraulic models in order to allow for assessment of the current standard of protection afforded by the existing FAS. The results of the study indicate that flood water is predicted to be contained in a 1 in 200 year flood event, although in a 1 in 200 year plus climate change flood event floodwater is predicted to overtop Page 42
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149203: 9 New Street, Rothes Flood Risk Assessment 8 the banks. The flood extent maps indicate that the site will be affected by flooding in a 1 in 200 year plus climate change flood event. This is discussed further in Section 5.2. These results are different to those shown in the SEPA flood maps (discussed in Section 3.3.1). The SEPA flood maps do not consider the impact of the Rothes FAS, and therefore are not considered to accurately reflect flood risk at the site. The flood depths and extents presented in the 2021 Study have therefore been taken as representative of flood risk at the site and have been utilised in this study. Page 43
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149203: 9 New Street, Rothes Flood Risk Assessment 9 4. Potential Sources of Flood Risk There are several potential sources of flooding that require consideration: Coastal flooding: Extreme sea levels and coastal waves have the potential to cause rapid inundation of a development, posing a threat to the welfare of occupants and potentially preventing emergency access to properties and essential infrastructure. Fluvial flows: Extreme fluvial flood events have the potential to cause rapid inundation of a development, posing a threat to the welfare of occupants and potentially preventing emergency access to properties and essential infrastructure. Overland flow: Overland flow occurs when the infiltration capacity of the ground is exceeded in a storm event. This could result in water travelling as sheet flow overland or excess water being conveyed from one location to another via local road networks. Infrastructure failure: The failure of conveyance infrastructure such as culverts or bridges, or the failure of any man-made water storage or conveyance infrastructure that could increase the risk of flooding at the site. Sewer flooding: If the capacity of sewers is exceeded in an extreme event, or a blockage occurs, surcharging of the network can result in surface flooding. The local drainage network should be considered with a view to assessing flood risk to the site. Groundwater: High groundwater levels could exacerbate flooding occurring at low points on any given site, potentially contributing to flood risk from other sources. Page 44
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149203: 9 New Street, Rothes Flood Risk Assessment 10 5. Flood Risk Analysis Potential sources of flood risk identified for consideration in Section 4 are discussed below. 5.1 Coastal Flooding The proposed development is located over 17km from the nearest coast and at approximately 71mAOD. The inland location and elevation of the site mean it is not at risk from tidal inundation or coastal waves. 5.2 Fluvial Flows The Burn of Rothes flows south west to north east in the vicinity of the site, and is located approximately 25m to the south east of the site at its closest point. As previously discussed in Section 3.1 and Section 3.3.5, the Burn of Rothes forms part of the Rothes FAS, and a recent study was undertaken on behalf of Moray Council in 2021 to update the hydrology and hydraulic modelling developed as part of the Rothes FAS project. The results of the 2021 study indicate that the FAS will protect Rothes against flooding in flood events with magnitudes of up to 1 in 200 years. Flood events of 1 in 200 years plus climate change are predicted to overtop the scheme, with floodwater spilling out-of-bank. Whilst the proposed development site is not considered to be located in the functional floodplain (1 in 200 year flood extents), the site is predicted to be at risk of fluvial flooding in a 1 in 200 year plus climate change flood event. Residential and commercial development land uses are considered appropriate for the site, in line with Moray Council Planning Policy and SEPA guidance, although the Finished Floor Levels (FFL) of any buildings which constitute an increase in land use vulnerability (e.g. residential accommodation) will require to be located at least 600mm above the adjacent 1 in 200 year plus climate change flood levels. The 2021 Rothes FAS Study indicates that flood depth of up to 0.25m are predicted at the location of the proposed development site. It is therefore recommended that FFLs for residential buildings are set at least 0.85m above the current ground levels at the site. As any buildings proposed for commercial use at the site will not represent an increase in land use vulnerability, there will be no restriction on FFLs in order to mitigate against fluvial flood risk. The 1 in 200 year plus climate change flood extents maps provided in the 2021 Rothes FAS study indicate that a dry access and egress route will be maintained via the eastern boundary of the site. 5.3 Overland Flow Potential overland flow routes through the development site have been assessed using QGIS watershed analysis tools and LiDAR topographic data. Flow route are shown in purple in Figure 3. Page 45
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149203: 9 New Street, Rothes Flood Risk Assessment 11 Contains Ordnance Survey data © Crown copyright and database rights 2022 Figure 2: Overland Flow The site itself is small and relatively flat. It is therefore unlikely that significant volumes of runoff will be generated within the site itself. The land surrounding the site is situated at a lower level and therefore runoff through the site is also expected to be limited. The land to the north and east of the site slopes north eastwards and therefore any runoff from these areas will be conveyed away from the site. The higher land to the west of the site is shown to drain eastwards towards New Street which slopes down past the western boundary of the site to a low point approximately 150m to the north. There is the potential for floodwater to pond in this location following periods of prolonged or heavy rainfall, before spilling to the east at an elevation of approximately 70.4mAOD. This is approximately 0.6m below the level of the site and therefore ponded water is not predicted to impact the site. The Scottish Water Assets Database indicates the presence of a combined sewer underlying New Street and therefore the road gullies will help to intercept any runoff along the road and divert it into the existing sewer network, thereby helping to limit the extent of any ponding. The small strip of land between the Burn of Rothes and the southern boundary of the site slopes northwards towards Station Street. Whilst overland flows from this small area are likely to be limited, there is the potential for runoff to flow towards the site during period of heavy rainfall. The Scottish Water Assets plan indicates the presence of surface water sewer underlying Station Street which is shown to discharge directly into the burn in the vicinity of the site. Whilst the presence of a limited number of road gullies on Station Street will help to intercept runoff and divert in into the sewer network, it should be noted that the existing building is located at road level with no pavement or kerb present to deflect runoff away from the building. This should be considered as part of the drainage Page 46
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149203: 9 New Street, Rothes Flood Risk Assessment 12 strategy and taken into account when setting the FFLs of the buildings, to ensure road runoff from Station Street does not affect the proposed development. Surface water flow generated within the site should be dealt with by a dedicated drainage system. Residual flood risk should be mitigated by setting FFLs above surrounding ground where possible. With this mitigation implemented, the risk of flooding from overland flow is considered to be low. 5.4 Infrastructure Failure In the event that channel structures become partially blocked by sediment or debris, there is the potential for flood levels upstream of the structure to increase, resulting in an increase in fluvial flood risk. The 2021 Rothes FAS study therefore included hydraulic modelling scenarios which simulated a partial blockage of structures located along the Burn of Rothes, Back Burn and Black Burn. Due to the presence of a large trash screen located upstream of the structures on the Burn of Rothes, the 2021 Rothes FAS Study concluded that the risk of a debris blockage of the Burn of Rothes structures was low, and therefore a 20% blockage was modelled for each of the structures. The results indicate that a 20% blockage of the Cemetery Road Bridge, located approximately 470m upstream of the site, would result in out-of-bank flow from the Burn of Rothes in a 1 in 200 year flood event. The floodwater is predicted to flow north eastwards with the potential to affect the site. The maximum depth of flooding in the vicinity of the site is predicted to be 0.25m in a flood event of this magnitude. The proposed FFLs recommended in Section 5.2 would be maintain a freeboard of 600mm in this scenario. None of the other structure blockage scenarios, including a 20% blockage of the New Street (A941) Road Bridge located 40m to the south of the site, was found to increase flood risk to the proposed development in a 1 in 200 year flood event. The risk of flooding to the site as a result of infrastructure failure is therefore considered to be low. 5.5 Sewer Flooding Sewer flooding can occur when prolonged or heavy rainfall exceeds the capacity of the sewer network, or if the sewer network becomes blocked. Review of the Scottish Water Asset Database indicates a network of sewers in the vicinity of the site. A 300mm diameter combined sewer is present beneath New Street (A941) immediately to the west of the site and a 225mm surface water drain is present beneath Station Street immediately to the south of the site. Should surcharging from the sewer network occur in the vicinity of the site, floodwater would flow overland following the overland flow routes described in Section 5.3. Residual flood risk should be mitigated by setting FFLs above surrounding ground where possible. With this mitigation implemented, the risk of flooding from sewer flooding is considered to be low. 5.6 Groundwater Flooding Groundwater is generally a contributing factor to flooding rather than the primary source. SEPA flood maps indicate areas where groundwater could influence the duration and extent of flooding from other sources. The proposed site is situated outwith groundwater influenced flood extents shown on these Page 47
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149203: 9 New Street, Rothes Flood Risk Assessment 13 maps. Groundwater below the site is likely to be in hydraulic connectivity with the Burn of Rothes. This is expected to limit the potential for emerging above ground on the site, which is at a higher elevation than the watercourse. Groundwater flooding is, therefore, considered unlikely. In the event groundwater levels exceed the ground levels at the site, the excess water would follow the same flow patterns as for overland flow. Residual risk from this source of flooding can be mitigated by setting finished floor levels above surrounding ground and profiling ground levels to route flood water around and away from buildings. Page 48
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149203: 9 New Street, Rothes Flood Risk Assessment 14 6. Conclusion and Recommendations Fairhurst was appointed by Mr Peter Ford to carry out a Flood Risk Assessment (FRA) for the proposed re-development of a commercial site at 9 New Street, Rothes for both commercial and residential uses. Flood risk at the site has been assessed in relation to fluvial flows from the Burn of Rothes, coastal flooding, overland flows, infrastructure failure, sewer flooding and groundwater flooding. Hydraulic modelling previously undertaken in 2021 as part of an update to the Rothes Flood Alleviation Scheme (FAS) project, indicates that the site is not located within the functional floodplain of the Burn of Rothes and is therefore considered suitable for development. Any proposed residential buildings will be subject to minimum FFLs given the increase in land use vulnerability. FFLs for residential buildings within the site should be set a minimum of 850 mm above surrounding ground to provide at least 600 mm freeboard above the predicted depth of flooding at the site in a 1 in 200 year plus climate change event. Residual risk from other sources, including overland flow, infrastructure failure, sewer flooding and groundwater is considered to be relatively low provided that the recommended mitigation measures are adopted. Proposed mitigation measures include the installation of appropriate drainage measures and situating FFLs above surrounding ground levels. The site is not considered to be at risk of coastal flooding. Page 49
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149203: 9 New Street, Rothes Flood Risk Assessment Site Layout Drawings Page 50
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149203: 9 New Street, Rothes Flood Risk Assessment Consultation Responses Page 54
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149203: 9 New Street, Rothes Flood Risk Assessment Compliance Certificate Page 57
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www.fairhurst.co.uk Aberdeen Aberdeen Westhill Birmingham Bristol Dundee Edinburgh Elgin Glasgow Huddersfield s Inverness Leeds London Newcastle upon Tyne Plymouth Sevenoaks Taunton Thurso Watford CIVIL ENGINEERING • STRUCTURAL ENGINEERING • TRANSPORTATION • ROADS & BRIDGES PORTS & HARBOURS • GEOTECHNICAL & ENVIRONMENTAL ENGINEERING • PLANNING & DEVELOPMENT • WATER SERVICES • HEALTH & SAFETY / CDM SERVICES Page 59
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Consultation Request Notification Planning Authority Name Moray Council Response Date 26th October 2021 Planning Authority Reference 21/01545/APP Nature of Proposal (Description) Change of use of bakery to restaurant and hot food takeaway with flat above and 2 no low cost housing units to the rear Site 9 New Street Rothes Aberlour Moray AB38 7BQ Site Postcode N/A Site Gazetteer UPRN 000133002364 Proposal Location Easting 327753 Proposal Location Northing 849267 Area of application site (M2) 600 Additional Comment Development Hierarchy Level LOCAL Supporting Documentation URL https://publicaccess.moray.gov.uk/eplanning/ce ntralDistribution.do?caseType=Application&ke yVal=R0ABE9BGIHG00 Previous Application 19/00330/APP Date of Consultation 12th October 2021 Is this a re-consultation of an existing application? No Applicant Name Mr Peter Ford Applicant Organisation Name Applicant Address 9 New Street Rothes Aberlour UK AB38 9BQ Agent Name Plans Plus Agent Organisation Name Plans Plus Agent Address Main Street URQUHART By Elgin Moray IV30 8LG Agent Phone Number Agent Email Address N/A Case Officer Iain T Drummond Case Officer Phone number 01343 563607 Case Officer email address iain.drummond@moray.gov.uk Page 80
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PA Response To consultation.planning@moray.gov.uk NOTE: If you do not respond by the response date, it will be assumed that you have no comment to make. The statutory period allowed for a consultation response is 14 days. Due to scheduling pressures if a definitive response is not received within 21 days this may well cause the two month determination period to be exceeded. Data Protection - Moray Council is the data controller for this process. Information collected about you on this form will be used to process your Planning Application, and the Council has a duty to process your information fairly. Information we hold must be accurate, up to date, is kept only for as long as is necessary and is otherwise shared only where we are legally obliged to do so. You have a legal right to obtain details of the information that we hold about you. For full terms please visit http://www.moray.gov.uk/moray_standard/page_121513.html For full Data Protection policy, information and rights please see http://www.moray.gov.uk/moray_standard/page_119859.html You can contact our Data Protection Officer at info@moray.gov.uk or 01343 562633 for more information. Please respond using the attached form:- Page 81
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MORAY COUNCIL PLANNING CONSULTATION RESPONSE From: Contaminated Land Planning Application Ref. No: 21/01545/APP Change of use of bakery to restaurant and hot food takeaway with flat above and 2 no low cost housing units to the rear 9 New Street Rothes Aberlour Moray for Mr Peter Ford 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 X (d) Further information is required in order to consider the application as set out below Reason(s) for objection Condition(s) [Informative] This development has been identified from Council archives as being located on a former bakery and five metres south of a former garage, which included an underground petrol tank of uncertain location. Moray Council does not have any further information as to whether the ground is contaminated. Safe development is the responsibility of the developer. You should consider investigating these matter further prior to proceeding with the proposed works. Should contamination be encountered, contact the Environmental Health section immediately (email contaminated.land@moray.gov.uk, tel 0300 1234561) to agree an appropriate course of action. Further comment(s) to be passed to applicant Further information required to consider the application Page 82
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Contact: Adrian Muscutt Date………25/10/21………………….. email address: Phone No …………………………….. Consultee: Return response to consultation.planning@moray.gov.uk Please note that information about the application including consultation responses and representations (whether in support or objection) received on the proposal will be published on the Council’s website at http://publicaccess.moray.gov.uk/eplanning/ (You can also use this site to track progress of the application and view details of any consultation responses and representations (whether in support or objection) received on the proposal). In order to comply with the Data Protection Act, personal information including signatures, personal telephone and email details will be removed prior to publication using “redaction” software to avoid (or mask) the display of such information. Where appropriate other “sensitive” information within documents will also be removed prior to publication online. Page 83
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Developer Obligations & Affordable Housing: ASSESSMENT REPORT Date: 27/10/2021 Reference: 21/01545/APP Description: Change of use of bakery to restaurant and hot food takeaway with flat above and 2 no low cost housing units to the rear 9 New Street, Rothes, Aberlour, AB38 7BQ Applicant: Mr Peter Ford 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 Nil Healthcare(Contribution towards 1 Additional Dental Chair) Sports and Recreation Nil 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- bedroomed residential unit. This application is considered to comprise of the following: 3 x1 bed = 1.8 SRUE This assessment is therefore based on1.8 SRUE. Please note that 1 bed units are not assumed to generate any pupils, therefore not included within anycalculations for education infrastructure mitigation. Page 84
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INFRASTRUCTURE Education Please note that 1 bed units are not assumed to generate any pupils, therefore not included within any calculations for education infrastructure mitigation. Contribution towards Education = Nil Transport The Moray Council Transportation Services has confirmed that no developer obligations will be sought for this proposal. Contributions towards Transport = Nil 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). Rothes Medical Centre is the nearest GP Practice within which healthcare facilities can be accessed by the proposed development. NHS Grampian has confirmed that works have been completed to reconfigure Rothes Medical Centre, therefore no contributions will be required towards the healthcentre. However contributions will be sought towards 1 Additional Dental Chair. Contributions are calculated based on a proportional contribution of £517 per SRUE for the additional dental chair. Contribution towards Healthcare Sports and Recreational Facilities Sports and Recreation Facilities Existing sports provision within Rothes is considered to be adequate to serve the needs of the residents anticipated to be generated by this development. Therefore, in this instance, no contribution will be required. Contribution for Sports and Recreation Facilities = Nil AFFORDABLE HOUSING The average market value of a serviced plot for 1 Affordable Unit within the Speyside Local HousingMarket Area is Contributions are based on 25% of the total number of units proposed in the application: Therefore, the total contribution towards affordable housing is: Affordable housing is a policy requirement not a developer obligation and will not be subject to negotiation. Page 85
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TERMSOFASSESSMENT 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 OFCONTRIBUTIONS Remittance of financial obligations can be undertaken either through the provision of an upfront payment or by entering into a Section 75 agreement. The provision of an upfront payment will allow a planning consent to be issued promptly. However, where the amount of developer contributions are such that an upfront payment may be considered prohibitive a Section 75 will likely be required. The payment of contributions may be tied into the completion of houses through a Section 75 Agreement or equivalent, to facilitate the delivery of development. Please note that Applicants are liable for both the legal costs of their own Legal Agent fees and Council’s legal fees and outlays in the preparation of the document. These costs should be taken into account when considering the options. INDEXATION Developer obligations towards Moray Council infrastructure are index linked to the General Building Cost Price Index (BCPI) as published by the Building Cost Information Service (BCIS) of the Royal Institute of Chartered Surveyors (RICS) from Q3, 2017 and obligations towards NHS Grampian infrastructure are index linked to All in Tender Price Index (TPI) as published by the Royal Institute of Chartered Surveyors (RICS) from Q2, 2017. Page 86
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Consultation Request Notification Planning Authority Name Moray Council Response Date 26th October 2021 Planning Authority Reference 21/01545/APP Nature of Proposal (Description) Change of use of bakery to restaurant and hot food takeaway with flat above and 2 no low cost housing units to the rear Site 9 New Street Rothes Aberlour Moray AB38 7BQ Site Postcode N/A Site Gazetteer UPRN 000133002364 Proposal Location Easting 327753 Proposal Location Northing 849267 Area of application site (M2) 600 Additional Comment Development Hierarchy Level LOCAL Supporting Documentation URL https://publicaccess.moray.gov.uk/eplanning/ce ntralDistribution.do?caseType=Application&ke yVal=R0ABE9BGIHG00 Previous Application 19/00330/APP Date of Consultation 12th October 2021 Is this a re-consultation of an existing application? No Applicant Name Mr Peter Ford Applicant Organisation Name Applicant Address 9 New Street Rothes Aberlour UK AB38 9BQ Agent Name Plans Plus Agent Organisation Name Plans Plus Agent Address Main Street URQUHART By Elgin Moray IV30 8LG Agent Phone Number Agent Email Address N/A Case Officer Iain T Drummond Case Officer Phone number 01343 563607 Case Officer email address iain.drummond@moray.gov.uk Page 88
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PA Response To consultation.planning@moray.gov.uk NOTE: If you do not respond by the response date, it will be assumed that you have no comment to make. The statutory period allowed for a consultation response is 14 days. Due to scheduling pressures if a definitive response is not received within 21 days this may well cause the two month determination period to be exceeded. Data Protection - Moray Council is the data controller for this process. Information collected about you on this form will be used to process your Planning Application, and the Council has a duty to process your information fairly. Information we hold must be accurate, up to date, is kept only for as long as is necessary and is otherwise shared only where we are legally obliged to do so. You have a legal right to obtain details of the information that we hold about you. For full terms please visit http://www.moray.gov.uk/moray_standard/page_121513.html For full Data Protection policy, information and rights please see http://www.moray.gov.uk/moray_standard/page_119859.html You can contact our Data Protection Officer at info@moray.gov.uk or 01343 562633 for more information. Please respond using the attached form:- Page 89
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MORAY COUNCIL PLANNING CONSULTATION RESPONSE From: Environmental Health Manager Planning Application Ref. No: 21/01545/APP Change of use of bakery to restaurant and hot food takeaway with flat above and 2 no low cost housing units to the rear 9 New Street Rothes Aberlour Moray for Mr Peter Ford 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 X (d) Further information is required in order to consider the application as set out below Reason(s) for objection Condition(s) Informative notes: - The premises will require to comply with the Food Hygiene (Scotland) Regulations 2006. - The business operator will require to register the premises in terms of the Food Premises (Registration) Regulation 1991. - The premises will require to comply with The Health and Safety at Work etc. Act 1974 and associated regulations enforced by this section. - Operation of the premises shall not give rise to a Statutory Nuisance in terms of the Environmental Protection Act 1990. Further comment(s) to be passed to applicant Further information required to consider the application Page 90
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Contact: Tim Betts Date……25/10/21………………….. email address: Phone No …………………………….. Consultee: Return response to consultation.planning@moray.gov.uk Please note that information about the application including consultation responses and representations (whether in support or objection) received on the proposal will be published on the Council’s website at http://publicaccess.moray.gov.uk/eplanning/ (You can also use this site to track progress of the application and view details of any consultation responses and representations (whether in support or objection) received on the proposal). In order to comply with the Data Protection Act, personal information including signatures, personal telephone and email details will be removed prior to publication using “redaction” software to avoid (or mask) the display of such information. Where appropriate other “sensitive” information within documents will also be removed prior to publication online. Page 91
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MORAY COUNCIL PLANNING CONSULTATION RESPONSE From: The Moray Council, Flood Risk Management Planning Application Ref. No: 21/01545/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 The original consultation response has been withdrawn following a review of active applications and compliance with NPF4. In the case of this application the review has found that this application is not in compliance with Policy 22 in NPF4 for the following reason and therefore Moray Council Flood Risk Management team object to the development. As identified in section 5.2 of the FRA the site is at risk of flooding to a depth of 250mm in a 0.5% exceedance event. A flood risk area is defined in NPF4 as:- “For planning purposes, at risk of flooding or in a flood risk area means land or built form with an annual probability of being flooded of greater than 0.5% which must include an appropriate allowance for future climate change.” This site is at flood risk and the development does not comply with Policy 22 for the following reason:- The construction of new residential properties at the rear of the development are not in line with part a) iii. redevelopment of an existing building or site for an equal or less vulnerable use; and a) iv redevelopment of previously used sites in built up areas where the LDP has identified a need to bring these into positive use and where proposals demonstrate that long- term safety and resilience can be secured in accordance with relevant SEPA advice The site does not have safe access and egress in the time of flood and contrivances policy a) iv. Additionally, for development proposals meeting criteria part iv), where flood risk is managed at the site rather than avoided these will also require: the first occupied/utilised floor, and the underside of the development if relevant, to be above the flood risk level and have an additional allowance for freeboard; and that the proposal does not create an island of development and that safe access/egress can be achieved. Contact: Will Burnish 12/4/23 email address: will.burnish@moray.gov.uk Consultee: The Moray Council, Flood Risk Management Page 92
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From: Andrew Miller <Andrew.Miller@moray.gov.uk> To: DMSMyEmail <DMSMyEmail@moray.gov.uk> CC: Date: 02 Dec 2021 14:04 Subject: FW: Moray Council Planning Application Consultation for 21/01545/APP The email body is shown below. Some embedded objects (including images) may have been removed. -----Original Message----- From: Fiona Geddes <Fiona.Geddes@moray.gov.uk> Sent: 17 November 2021 08:23 To: Andrew Miller <Andrew.Miller@moray.gov.uk> Subject: RE: Moray Council Planning Application Consultation for 21/01545/APP Ok - we did discuss I think. To date, I have not been approached by any developer about including these in the SHIP, nor by any Housing Association. Please regard these as private sector properties for implementation of Policy DP2. Yours Fiona -----Original Message----- From: Andrew Miller <Andrew.Miller@moray.gov.uk> Sent: 17 November 2021 07:40 To: Fiona Geddes <Fiona.Geddes@moray.gov.uk> Subject: RE: Moray Council Planning Application Consultation for 21/01545/APP Hi - yes its three units but its more the description of "low cost housing" I'm concerned about for the two bungalows. Many Thanks Andrew -----Original Message----- From: Fiona Geddes <Fiona.Geddes@moray.gov.uk> Sent: 16 November 2021 18:38 To: Andrew Miller <Andrew.Miller@moray.gov.uk> Subject: FW: Moray Council Planning Application Consultation for 21/01545/APP Hi Andrew, I am not usually required to provide a response where the affordable housing requirement is less than one whole unit. Am I right in thinking that 3 units of housing are proposed? Fiona -----Original Message----- From: Edward Thomas <Edward.Thomas@moray.gov.uk> Sent: 03 November 2021 12:32 To: Fiona Geddes <Fiona.Geddes@moray.gov.uk> Subject: FW: Moray Council Planning Application Consultation for 21/01545/APP -----Original Message----- From: consultation.planning@moray.gov.uk <consultation.planning@moray.gov.uk> Sent: 03 November 2021 11:30 To: Edward Thomas <Edward.Thomas@moray.gov.uk> Subject: Moray Council Planning Application Consultation for 21/01545/APP Page 94
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Please find attached notification of consultation Page 95
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SW Public Published Wednesday, 13 October 2021 Local Planner Development Services Moray Council Elgin IV30 1BX Dear Customer, 9 New Street, Rothes, Aberlour, AB38 7BQ Planning Ref: 21/01545/APP Our Ref: DSCAS-0050444-4RN Proposal: Change of use of bakery to restaurant and hot food takeaway with flat above and 2 no low cost housing units to the rear Please quote our reference in all future correspondence Audit of Proposal Scottish Water has no objection to this planning application; however, the applicant should be aware that this does not confirm that the proposed development can currently be serviced and would advise the following: Water Capacity Assessment Scottish Water has carried out a Capacity review and we can confirm the following: There is currently sufficient capacity in BADENTINAN Water Treatment Works to service your development. However, please note that further investigations may be required to be carried out once a formal application has been submitted to us. Waste Water Capacity Assessment This proposed development will be serviced by ROTHES Waste Water Treatment Works. Unfortunately, Scottish Water is unable to confirm capacity currently so to allow us to fully appraise the proposals we suggest that the applicant completes a Pre- Development Enquiry (PDE) Form and submits it directly to Scottish Water via our Customer Portal or contact Development Services. Please Note Development Operations The Bridge Buchanan Gate Business Park Cumbernauld Road Stepps Glasgow G33 6FB Development Operations Freephone Number - 0800 3890379 E-Mail - DevelopmentOperations@scottishwater.co.uk www.scottishwater.co.uk Page 96
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SW Public Published The applicant should be aware that we are unable to reserve capacity at our water and/or waste water treatment works for their proposed development. Once a formal connection application is submitted to Scottish Water after full planning permission has been granted, we will review the availability of capacity at that time and advise the applicant accordingly. Surface Water For reasons of sustainability and to protect our customers from potential future sewer flooding, Scottish Water will not accept any surface water connections into our combined sewer system. There may be limited exceptional circumstances where we would allow such a connection for brownfield sites only, however this will require significant justification from the customer taking account of various factors including legal, physical, and technical challenges. In order to avoid costs and delays where a surface water discharge to our combined sewer system is anticipated, the developer should contact Scottish Water at the earliest opportunity with strong evidence to support the intended drainage plan prior to making a connection request. We will assess this evidence in a robust manner and provide a decision that reflects the best option from environmental and customer perspectives. General notes: Scottish Water asset plans can be obtained from our appointed asset plan providers: Site Investigation Services (UK) Ltd Tel: 0333 123 1223 Email: sw@sisplan.co.uk www.sisplan.co.uk Scottish Water’s current minimum level of service for water pressure is 1.0 bar or 10m head at the customer’s boundary internal outlet. Any property which cannot be adequately serviced from the available pressure may require private pumping arrangements to be installed, subject to compliance with Water Byelaws. If the developer wishes to enquire about Scottish Water’s procedure for checking the water pressure in the area, then they should write to the Customer Connections department at the above address. If the connection to the public sewer and/or water main requires to be laid through land out-with public ownership, the developer must provide evidence of formal approval from the affected landowner(s) by way of a deed of servitude. Scottish Water may only vest new water or waste water infrastructure which is to be laid through land out with public ownership where a Deed of Servitude has been obtained in our favour by the developer. The developer should also be aware that Scottish Water requires land title to the area of land where a pumping station and/or SUDS proposed to vest in Scottish Water is constructed. Page 97
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SW Public Published Please find information on how to submit application to Scottish Water at our Customer Portal. Next Steps: All Proposed Developments All proposed developments require to submit a Pre-Development Enquiry (PDE) Form to be submitted directly to Scottish Water via our Customer Portal prior to any formal Technical Application being submitted. This will allow us to fully appraise the proposals. Where it is confirmed through the PDE process that mitigation works are necessary to support a development, the cost of these works is to be met by the developer, which Scottish Water can contribute towards through Reasonable Cost Contribution regulations. Non Domestic/Commercial Property: Since the introduction of the Water Services (Scotland) Act 2005 in April 2008 the water industry in Scotland has opened to market competition for non-domestic customers. All Non-domestic Household customers now require a Licensed Provider to act on their behalf for new water and waste water connections. Further details can be obtained at www.scotlandontap.gov.uk Trade Effluent Discharge from Non Dom Property: Certain discharges from non-domestic premises may constitute a trade effluent in terms of the Sewerage (Scotland) Act 1968. Trade effluent arises from activities including; manufacturing, production and engineering; vehicle, plant and equipment washing, waste and leachate management. It covers both large and small premises, including activities such as car washing and launderettes. Activities not covered include hotels, caravan sites or restaurants. If you are in any doubt as to whether the discharge from your premises is likely to be trade effluent, please contact us on 0800 778 0778 or email TEQ@scottishwater.co.uk using the subject “Is this Trade Effluent?". Discharges that are deemed to be trade effluent need to apply separately for permission to discharge to the sewerage system. The forms and application guidance notes can be found here. Trade effluent must never be discharged into surface water drainage systems as these are solely for draining rainfall run off. For food services establishments, Scottish Water recommends a suitably sized grease trap is fitted within the food preparation areas, so the development complies with Standard 3.7 a) of the Building Standards Technical Handbook and for best management and housekeeping practices to be followed which Page 98
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SW Public Published prevent food waste, fat oil and grease from being disposed into sinks and drains. The Waste (Scotland) Regulations which require all non-rural food businesses, producing more than 50kg of food waste per week, to segregate that waste for separate collection. The regulations also ban the use of food waste disposal units that dispose of food waste to the public sewer. Further information can be found at www.resourceefficientscotland.com I trust the above is acceptable however if you require any further information regarding this matter please contact me on 0800 389 0379 or via the e-mail address below or at planningconsultations@scottishwater.co.uk. Yours sincerely, Pamela Strachan Development Services Analyst Tel: 0800 389 0379 planningconsultations@scottishwater.co.uk Scottish Water Disclaimer: “It is important to note that the information on any such plan provided on Scottish Water’s infrastructure, is for indicative purposes only and its accuracy cannot be relied upon. When the exact location and the nature of the infrastructure on the plan is a material requirement then you should undertake an appropriate site investigation to confirm its actual position in the ground and to determine if it is suitable for its intended purpose. By using the plan you agree that Scottish Water will not be liable for any loss, damage or costs caused by relying upon it or from carrying out any such site investigation." Page 99
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OFFICIAL OFFICIAL Andrew Miller Planning Department Moray Council By email only to: consultation.planning@moray.gov.uk Our Ref: 8344 Your Ref: 21/01545/APP SEPA Email Contact: planning.north@sepa.org.uk 14 March 2023 Dear Andrew Miller Town and Country Planning (Scotland) Acts 21/01545/APP Change of use of bakery to restaurant and hot food takeaway with flat above and 2 no low cost housing units to the rear 9 New Street Rothes Aberlour Moray AB38 7BQ Thank you for your consultation which was received by SEPA on 23 February 2023 in relation to the above application. We understand the reason for consultation is seeking SEPA’s flood risk advice A. Flooding. Advice for the planning authority In line with the advice in the Transitional Arrangements for National Planning Framework 4 letter, issued by the Chief Planner, Fiona Simpson, on 8 February 2023, that “From 13 February, on adoption and publication by Scottish Ministers, NPF4 will form part of the statutory development plan, along with the LDP applicable to the area at that time and its supplementary guidance. NPF4 will supersede National Planning Framework 3 and Scottish Planning Policy (SPP) (2014). NPF3 and SPP will no longer represent Scottish Ministers’ planning policy and should not therefore form the basis for, or be a consideration to be taken into account, when determining planning applications on or after 13 February”, our position and advice given below is based on the NPF4 policy. 1. Flood Risk Advice 1.1 We object in principle to the application. This is because the proposed development is expected to put people or property at risk of flooding which is contrary to National Planning Framework 4. 1.2 In the event that the planning authority proposes to grant planning permission contrary to this advice on flood risk, the Town and Country Planning (Notification of Applications) (Scotland) Direction 2009 provides criteria for the referral to the Scottish Ministers of such cases. You may therefore wish to consider if this proposal falls within the scope of this Direction. 1.3 We previously commented on this application in February 2022 and advised that the applicant obtain information from the flood study commissioned by Moray Council on the Rothes Flood Prevention Scheme (FPS) to determine the flood risk at the site, given the area is afforded Page 100
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OFFICIAL OFFICIAL some protection from the FPS, and whether the proposals would be in accordance with Scottish Planning Policy in ensuring there was no increase in flood risk as a result of development. Our advice is now provided in accordance with National Planning Framework 4 (NPF4) adopted on13 February 2023. Under NPF4, avoidance of flood risk areas in the 200 year plus climate change scenario is now a requirement and all applications must be assessed in line with the most up to date guidance. Previously, under Scottish Planning Policy, consideration of climate change was a recommendation only. 1.4 The Flood Risk Assessment (Fairhurst, Nov 2022) provided in support of this application summarises the information from the Moray Council commissioned study, which indicates that the site is not at flood risk during the 1 in 200 year event due to the presence of the Rothes FPS but during a 1 in 200 year plus climate change event, or when blockage is taken into account, the defences are predicted to overtop and the site is at flood risk during this scenario. 1.5 It is noted within the FRA that dry access and egress is maintained via the eastern boundary of the site. However, we have received a copy of the Moray Council commissioned study and do not believe this access would constitute a safe and flood free route to and from a secure place that is connected to ground above the design flood level and/or wider area as it is not possible to connect to the wider area from this point due to flooding and the surrounding buildings are also at flood risk. Access to New Street is also impacted by floodwater at this location. 1.6 At this time, we consider that it is for the Planning Authority to determine if this proposal is “the redevelopment of previously used sites in built up areas where the LDP has identified a need to bring these into positive use.” 1.7 Unfortunately, notwithstanding the above determination of the proposal, we consider that the site is unsuitable for redevelopment to a more vulnerable land use which is the case for the proposed residential element of the development, including the upper floor flat and two new dwellings. SEPA advise that the proposals do not demonstrate that long-term safety and resilience can be secured and would not accord with the principles of National Planning Framework 4. 1.8 We note that we have no objection on flood risk grounds to the proposed change of use to a restaurant/takeaway and would support other redevelopment to a similar land use or retail as existing. 2. Other planning matters 2.1 For all other planning matters, please see our triage framework and standing advice which are available on our website: www.sepa.org.uk/environment/land/planning/. Details of regulatory requirements and good practice advice, for example in relation to private drainage, can be found on the regulations section of our website If you have queries relating to this letter, please contact us at the email above including our reference number in the email subject. Yours sincerely Clare Pritchett Senior Planning Officer Planning Service Page 101
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OFFICIAL OFFICIAL Ecopy to: andrew.miller@moray.gov.uk Disclaimer: This advice is given without prejudice to any decision made on elements of the proposal regulated by us, as such a decision may take into account factors not considered at this time. We prefer all the technical information required for any SEPA consents to be submitted at the same time as the planning or similar application. However, we consider it to be at the applicant's commercial risk if any significant changes required during the regulatory stage necessitate a further planning application or similar application and/or neighbour notification or advertising. We have relied on the accuracy and completeness of the information supplied to us in providing the above advice and can take no responsibility for incorrect data or interpretation, or omissions, in such information. If we have not referred to a particular issue in our response, it should not be assumed that there is no impact associated with that issue. For planning applications, if you did not specifically request advice on flood risk, then advice will not have been provided on this issue. Further information on our consultation arrangements generally can be found on our website planning pages - www.sepa.org.uk/environment/land/planning/. Page 102
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Consultation Request Notification Planning Authority Name Moray Council Response Date 26th October 2021 Planning Authority Reference 21/01545/APP Nature of Proposal (Description) Change of use of bakery to restaurant and hot food takeaway with flat above and 2 no low cost housing units to the rear Site 9 New Street Rothes Aberlour Moray AB38 7BQ Site Postcode N/A Site Gazetteer UPRN 000133002364 Proposal Location Easting 327753 Proposal Location Northing 849267 Area of application site (M2) 600 Additional Comment Development Hierarchy Level LOCAL Supporting Documentation URL https://publicaccess.moray.gov.uk/eplanning/ce ntralDistribution.do?caseType=Application&ke yVal=R0ABE9BGIHG00 Previous Application 19/00330/APP Date of Consultation 12th October 2021 Is this a re-consultation of an existing application? No Applicant Name Mr Peter Ford Applicant Organisation Name Applicant Address 9 New Street Rothes Aberlour UK AB38 9BQ Agent Name Plans Plus Agent Organisation Name Plans Plus Agent Address Main Street URQUHART By Elgin Moray IV30 8LG Agent Phone Number Agent Email Address N/A Case Officer Iain T Drummond Case Officer Phone number 01343 563607 Case Officer email address iain.drummond@moray.gov.uk Page 104
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PA Response To consultation.planning@moray.gov.uk NOTE: If you do not respond by the response date, it will be assumed that you have no comment to make. The statutory period allowed for a consultation response is 14 days. Due to scheduling pressures if a definitive response is not received within 21 days this may well cause the two month determination period to be exceeded. Data Protection - Moray Council is the data controller for this process. Information collected about you on this form will be used to process your Planning Application, and the Council has a duty to process your information fairly. Information we hold must be accurate, up to date, is kept only for as long as is necessary and is otherwise shared only where we are legally obliged to do so. You have a legal right to obtain details of the information that we hold about you. For full terms please visit http://www.moray.gov.uk/moray_standard/page_121513.html For full Data Protection policy, information and rights please see http://www.moray.gov.uk/moray_standard/page_119859.html You can contact our Data Protection Officer at info@moray.gov.uk or 01343 562633 for more information. Please respond using the attached form:- Page 105
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MORAY COUNCIL PLANNING CONSULTATION RESPONSE From: Transportation Manager Planning Application Ref. No: 21/01545/APP Change of use of bakery to restaurant and hot food takeaway with flat above and 2 no low cost housing units to the rear 9 New Street Rothes Aberlour Moray for Mr Peter Ford 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 Condition(s) 1. Notwithstanding the submitted details no development works shall commence until a detailed drawing (scale 1:200 or 1:500) has been submitted to and approved in writing by the Council, as Planning Authority in consultation with the Roads Authority showing the proposed new vehicular accesses onto the U179E Station Street being amended to each provide an access width of 4.0m-4.5m, including provision of edge kerbing installed along the rear of the existing carriageway across the full width of each new access (to delineate and protect the edge of the footway following the removal of the existing boundary wall); and thereafter the vehicular accesses shall be provided in accordance with the approved drawing and details prior to the first occupation of each dwelling house. Reason: To ensure acceptable infrastructure at the development access through the provision of details currently lacking. 2. No development works shall commence on the dwelling houses until a detailed drawing (scale 1:200) has been submitted to and approved in writing by the Council, as Planning Authority in consultation with the Roads Authority confirming the provision of, or location where a future Electric Vehicle (EV) charging unit is to be connected to an appropriate electricity supply for each dwelling, including details (written proposals and/ or plans) to confirm the provision of the necessary cabling, ducting, and consumer units capable of supporting the future charging unit for each dwelling; and thereafter the EV charging infrastructure shall be provided in accordance with the approved drawing and details prior to the first occupation of each dwelling house. Reason: In the interests of an acceptable form of development and the provision of Page 106
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infrastructure to support the use of low carbon transport, through the provision of details currently lacking. 3. No development works shall commence on site until a Construction Traffic Management Plan has been submitted to and approved in writing by the Council as Planning Authority in consultation with the Roads Authority. The Construction Traffic Management Plan shall include as a minimum the following information: duration of works; construction programme; areas identified for parking, delivery loading and unloading, storage of materials; full details of temporary arrangements to safeguard pedestrian movements during the construction period; full details of any temporary closures or diversions; measures to be put in place to prevent material being deposited on the public road; traffic management measures to be put in place during works including any specific instructions to drivers. Thereafter, the development works shall proceed in accordance with the approved details, unless otherwise approved in writing by the Planning Authority in consultation with the Roads Authority. Reason: To ensure an acceptable form of development in terms of the arrangements to manage traffic during construction works at the site, road safety and the amenity of the area/adjacent properties 4. One car parking space shall be provided within the site for each new dwelling house, prior to the first occupation of each 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. 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 new access’s 6. The opening path of the new front entrance door onto the A941(W) New Street shall be fully contained within the site and not encroach onto/over the public footway. Any alterations to the threshold levels must be fully accommodated within the building itself. No alterations to the level of the public footway would be permitted at this location. To ensure acceptable development that does not create any hazard to road users in the interests of road safety. 7. New boundary walls/fences shall be set back to the rear of the existing carriageway. Reason: To ensure acceptable development in the interests of road safety. Page 107
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8. Boundary fences/walls shall be no greater than 0.6m in height within 2.4m of the edge of the public carriageway, unless otherwise approved in writing by the Planning Authority in consultation with the Roads Authority Reason: To enable drivers of vehicles entering or exiting the site to have a clear view so that they can undertake the manoeuvre safely and with the minimum interference to the safety and free flow of traffic on the public road. Further comment(s) to be passed to applicant Planning consent does not carry with it the right to carry out works within the public road boundary. The provision of Electric Vehicle (EV) chargers and/or associated infrastructure shall be provided in accordance with Moray Council guidelines. Cabling between charging units and parking spaces must not cross or obstruct the public road including footways. Infrastructure provided to enable EV charging must be retained for this purpose for the lifetime of the development unless otherwise agreed in writing by the Planning Authority. Guidance on Electric Vehicle (EV) Charging requirements can be found at: http://www.moray.gov.uk/downloads/file134860.pdf 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 be responsible for ensuring that surface/ground water does not run from the public road into their property. 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 22 March 2023 email address: transport.develop@moray.gov.uk Consultee: TRANSPORTATION Return response to consultation.planning@moray.gov.uk Please note that information about the application including consultation responses and representations (whether in support or objection) received on the proposal will be published on the Council’s website at http://publicaccess.moray.gov.uk/eplanning/ (You can also use this site to track progress of the application and view details of any consultation responses and representations (whether in support or objection) received on the proposal). In order to comply with the Data Protection Act, personal information including signatures, personal telephone and email details will be removed prior to publication using “redaction” software to avoid (or mask) the display of such information. Where appropriate other “sensitive” information within documents will also be removed prior to publication online. Page 108
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REPORT OF HANDLING Ref No: 21/01545/APP Officer: Andrew Miller Proposal Description/ Address Change of use of bakery to restaurant and hot food takeaway with flat above and 2 no low cost housing units to the rear 9 New Street Rothes Aberlour Moray Date: 17.04.2023 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 27/10/21 Developer obligations sought towards healthcare (dental chair) and affordable housing. Moray Flood Risk Management 13/04/23 Object on bass of flood risk to this proposal, contrary to NPF4 requirements to provide a safe access and egress from the site during a flood event. Environmental Health Manager 25/10/21 No objections, informative notes provided. Contaminated Land 25/10/21 No objections, informative notes provided. Transportation Manager 22/03/23 No objections subject to conditions in respect of parking and EV charging, visibility, and submission of a Construction Traffic Management Plan. Scottish Water 13/10/21 No objections, sufficient capacity for water supply from Badentinan, unable to confirm capacity for sewage connection to Rothes Waste Water Treatment Works. Advise applicant undertakes a pre-development enquiry with Scottish Water. Scottish Environment Protection Agency 14/03/23 Object on basis of flood risk to the residential elements of this proposal. The FRA submitted with the application does not demonstrate that a safe and flood free route to and from a secure place that will not be affected by a flooding event. On this basis Page 114
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Page 2 of 7 Scottish Environment Protection Agency (Cont.) the site is unsuitable for redevelopment to a more vulnerable land use (the two houses and flat above the shop). SEPA has no objection on flood risk grounds to the proposed restaurant/takeaway. Moray Council Other Depts - Housing 17/12/21 For the purposes of this application it is to be treated as open market housing rather than “affordable”. DEVELOPMENT PLAN POLICY Policies Dep Any Comments (or refer to Observations below) NPF1 - Tackling the Climate Y NPF2 - Climate mitigation and adaptation Y NPF3 - Biodiversity N NPF9 - Brownfield, vacant, derelict land N NPF13 - Sustainable transport N NPF14 - Design, quality and place N NPF16 - Quality homes Y NPF18 - Infrastructure first N NPF22 - Flood risk Y NPF23 - Health and safety N NPF27 - City, town, local comm centres N PP3 Infrastructure and Services N DP1 Development Principles N DP2 Housing Y DP7 Retail/Town Centres N EP3 Special Landscape Areas N EP12 Management and Enhancement Water Y EP13 Foul Drainage N EP14 Pollution Contamination Hazards N REPRESENTATIONS Representations Received YES Total number of representations received: ONE Names/Addresses of parties submitting representations Name and address details of parties submitting representations withheld in accordance with the General Data Protection Regulations. Page 115
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Page 3 of 7 Summary and Assessment of main issues raised by representations Issue: Mutual boundary with house to north should be retained at a minimum height of two metres to avoid impacts on privacy. Comments (PO): No detail is shown on the plans of the proposed mutual boundary to the north, however this could be conditioned (if approved). Issue: Adverse impact of noise and cooking fumes on residential amenity. Comments (PO): A Noise Impact Assessment has been submitted with the application Environmental Health service raised no objections to this application, and a noise impact assessment has been submitted with the application. Issue: Adverse impact of proposal on parking, particularly with shop adjacent and fire station to rear. Comments (PO): The Transportation Manager has raised no objections to this proposal in respect of parking, noting there are parking control measures in in place in the area and the proposal provides parking for the new residential properties to the rear. Issue: With possible hours of trading until 11pm there will be impacts on neighbouring residents. Other takeaways in Rothes close between 8pm and 9pm. Comments (PO): The Environmental Health service raised no objections to this application, however were it to be approved there would likely be conditions applied restricting operating hours in the interests of residential amenity in the surrounding area. Issue: Impact of proposal on flora and fauna. Comments (PO): The proposal is not considered to result in a significant adverse impact on flora and fauna. OBSERVATIONS – ASSESSMENT OF PROPOSAL Section 25 of the 1997 Act as amended requires applications to be determined in accordance with the development plan, namely the adopted National Planning Framework 4 and adopted Moray Local Development Plan 2020 (MLDP) unless material considerations indicate otherwise. The main planning issues are considered below: Site A two storey stone and slate building with various single storey extensions to the rear, on the corner of New Street (A941) and Station Street in Rothes. The building is currently used as a shop (Rothes Emporium). The surrounding area contains a mix of commercial and residential uses, with public toilets to the south and the Burn of Rothes beyond. It is located within The Spey Valley Special Landscape Area as designated in the MLDP and identified as being at risk of flooding from river sources (per SEPA flood maps). Proposal Planning permission is sought for the partial demolition of the rear single storey elements of the building, and alterations to accommodate change of use of the existing building to form a restaurant and takeaway at ground floor level, along with the formation of a flat at first floor level of the building. On the site of the demolished elements of the building, two 1.5 storey semi-detached houses would be erected fronting to Station Street. Each house would have one parking space to the front. Page 116
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Page 4 of 7 Principle of Development Under NPF Policy 16 (f) provision of new residential development outwith allocated sites in an LDP will only be supported in limited circumstances. In this case, the proposal involves redevelopment of a site and is a relatively small scale development. In such circumstances, proposals should be consistent with the MLDPs spatial strategy and other relevant policies. MLDP Policy DP2 - Housing has a similar requirement, noting that all housing development (including those on windfall sites such as this) must be in compliance with all relevant policies of the LDP. This proposal is not acceptable due to the risk of flooding to the new residential properties (as noted below), and thus the general principle of this application cannot be supported under NPF Policy 16 and MLDP Policy DP2. The site would be classed as brownfield land, and redevelopment of such land is suitable in principle under NPF Policy 9. As noted above there is a mix of uses commercial uses in the surrounding area, therefore in principle the restaurant and takeaway element is suitable (noting that SEPA had no objection to this element of the proposal due to it having the same "vulnerability" as the existing use as a shop). This proposal is not considered to decrease the vitality and viability of the retail/commercial offering in Rothes and thus is not contrary to NPF Policy 27 and MLDP Policy DP7. Flooding The sites location within an area of flood risk means the risk of the development from flooding must be considered. NPF Policy 22 presumes against development at risk of flooding/in a flood risk area, though there are exceptions (as does MLDP Policy EP12). This includes instances where the redevelopment of an existing building for an equal or less vulnerable land use. The restaurant and takeaway element of this proposal is suitable in light of this. However further consideration must be given to the risk of flooding to the residential element of this proposal. Protection offered by an existing flood scheme can be taken into account when determining flood risk under NPF Policy 22. This site is offered protection via the Rothes Flood Alleviation Scheme (FAS). In such instances, the applicant must demonstrate that: all risks of flooding are understood and addressed; there is no reduction floodplain capacity, increased risk for others, or a need for future flood protection schemes; the development remains safe and operational during floods; flood resistant and resilient materials and construction methods are used; and future adaptations can be made to accommodate the effects of climate change. A Flood Risk Assessment (FRA) was submitted in support of this application following an initial objection from both SEPA and Moray Flood Risk Management. This is due to the introduction of residential accommodation which sees an increase in the vulnerability of use of the site and requires detailed consideration. The FRA identifies the risk of flooding to the site from various sources, noting that the site, New St and Station St are at risk of flooding from fluvial flooding at a 1 in 200 year flood event. It notes the FAS is designed to contain flood waters during such an event. However taking account of climate change during a 1 in 200 year flood event, flood waters are likely to overtop the FAS. In such instances flood water will reach a level of 250 mm are predicted at the site. With 600 mm freeboard requirements, the FRA proposes the finished floor levels of the proposed new houses be set at 850 mm above current ground levels. It also notes that dry access and egress is maintained via the eastern boundary of the site. Having reviewed the FRA, both SEPA and Moray Flood Risk Management have objected to this application on flood risk grounds. They highlight the requirements of NPF Policy 22, notably the requirement for development to remain "safe and operational during floods". SEPA note the statement within the FRA that dry access and egress is maintained via the eastern boundary of the site, but also note a Moray Council study on the FAS commissioned recently. This access would not Page 117
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Page 5 of 7 constitute a safe and flood free route to and from a secure place that is connected to ground above the design flood level and/or wider area. It is not possible to connect to the wider area from this point due to flooding and surrounding buildings are also at flood risk. In light of this the proposal does not satisfy the requirement of development to remain safe and operational during a flood event and is therefore contrary to NPF Policy 22 and MLDP Policy EP12. The proposal is subsequently contrary to NPF Policy 1 on the basis the impact of climate change must be considered for all proposals (noting significant weight must be given to the climate crisis). It is also contrary to NPF Policy 2 because the proposal is not sited and designed to adapt to current and future risks from climate change. Design and Siting NPF Policy 14 requires all development to be designed to improve the quality of an area and be consistent with the six qualities of successful places. MLDP Policy DP1 requires the scale, density and character of development to be appropriate to the surrounding area. The alterations to the shop frontage (change window to door and door to window) and the rear following the part demolition would be in keeping with the building. No detail has been provided of material finishes on the plans, however this could be conditioned. The houses to the rear would comprise a pair of semi-detached 1.5 storey houses. They would sit at an elevated position in the site in light of the flood risk to the site and recommendations of the FRA as outlined above. As a result both houses have steps to the front and rear. The houses themselves are of a simple design and proportion, modest in scale and would not be out of character with the surrounding area (a mix of building design and ages). The supporting planning statement notes a grey roof tiles and a dry dash harl to match the existing building would be used (presumably in white as the shop is painted smooth render). As noted in the supporting planning statement the redevelopment of this site would bring the building up to more modern standards, while also improving the appearance of the rear of the site (which has a mix of building styles and is in a relatively poor condition). Overall, the proposal is considered to suitably designed and sited in terms of the aforementioned design policies. Special Landscape Areas The sites location in The Spey Valley SLA as designated in the MLDP means policy EP3 must be considered. In this case, the location within the settlement means it must comply with policies PP1, DP1 and DP3 where appropriate. The design and siting evaluation above concludes it is designed in accordance with DP1, and the proposal reflects the traditional pattern of development in Rothes. Accordingly this proposal is not in conflict with MLDP Policy EP3. Biodiversity Under NPF Policy 3 all development must contribute to biodiversity enhancement. No detail of any biodiversity enhancement has been provided with this application, though this could be conditioned were this application to be approved (e.g. though landscaping, bird/bat boxes etc.). Access and Parking MLDP Policy PP3 contains a number of criteria to ensure developments are served by suitable access and parking (including EV charging), which is echoed at a national level by NPF Policy 13. With regard to the takeaway/restaurant element, on street parking within the surrounding streets is limited - however it is accepted that the previous use(s) of this building would already have had an associated parking demand. Waiting restrictions are also present within the surrounding streets (preventing inconsiderate/inappropriate parking) and in curtilage parking is to be provided for the new Page 118
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Page 6 of 7 residential dwellings. There are no footways present within this part of Station Street, and a doorway currently opens straight out onto the carriageway. The proposal includes the retention of this door however the customers entrance to the restaurant and take-away (as well as to the 'manager flat') is to be via New Street where a footway is present, and based on the limited use (mostly associated with deliveries) the existing door may remain. Following a number of amendments to the parking arrangement of the two new houses to the rear, the Transportation Manager raised no objections to this proposal. Subject to conditions as recommended, the proposal complies with NPF Policy 13 and MLDP Policy PP3. Amenity Impacts NPF Policy 23 (e) does not support development that raises unacceptable noise issues, which is echoed by MLDP Policy EP14. The use of the building as a takeaway/restaurant could give rise to an adverse impact on the amenity of the surrounding area. The supporting planning statement states this would operate 7 days a week, 4.30pm to 11pm (at the latest). A Noise Impact Assessment was submitted with the application. Environmental Health raised no objection to this application, recommending a number of informative notes. The mitigation measures contained in the Noise Impact Assessment recommend the flat be tied to the restaurant/takeaway due to a lack of party wall, provision of acoustic fencing between the new houses and restaurant, and ensure plant and machinery does not emit noise above a certain level. Conditions would be recommended in line with this, along with restrictions on operating hours should the application be approved in order to satisfy NPF Policy 23 and MLDP Policy EP14. Developer Obligations/Affordable Housing Developer obligations have been identified towards healthcare (provision of dental chairs in Rothes) and affordable housing. The developer has indicated a willingness to contribute to this, in line with the requirements of NPF Policy 16, NPF Policy 18 and MLDP Policy PP3 (and the Developer Obligations Supplementary Guidance to the MLDP). Whilst described as “low cost housing” this application is being assessed as open market housing following discussions with the Council’s housing service, who have confirmed the development is not suitable for affordable housing provision. Conclusion This proposal would undoubtedly enhance appearance of the site and subsequently the character of the area, however allowing an increase in the number of people at risk from flood events goes against flood risk policy at a local and national level. Accordingly this application is recommended for refusal. OTHER MATERIAL CONSIDERATIONS TAKEN INTO ACCOUNT None HISTORY Reference No. Description Change of use from a bakery and shop to a hot food takeaway and storage at 11 New Street Rothes Aberlour Moray AB38 7BJ 19/00330/APP Decision Withdrawn Date Of Decision 28/03/19 Page 119
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Page 7 of 7 ADVERT Advert Fee paid? Yes Local Newspaper Reason for Advert Date of expiry Northern Scot Development specified in Schedule 3 No Premises 11/11/21 PINS Development specified in Schedule 3 No Premises 11/11/21 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 and Drainage Statement Main Issues: Background to proposal, and details of drainage arrangement proposed. Document Name: Flood Risk Assessment Main Issues: Identifies sources and risk of flooding to the proposed development. Document Name: Noise Impact Assessment Main Issues: Background to proposal, and details of drainage arrangement proposed. S.75 AGREEMENT Application subject to S.75 Agreement NO Summary of terms of agreement: Location where terms or summary of terms can be inspected: DIRECTION(S) MADE BY SCOTTISH MINISTERS (under DMR2008 Regs) Section 30 Relating to EIA NO Section 31 Requiring planning authority to provide information and restrict grant of planning permission NO Section 32 Requiring planning authority to consider the imposition of planning conditions NO Summary of Direction(s) Page 120
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(Page 2 of 3) Ref: 21/01545/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 proposal is contrary to the development plan (i.e. National Planning Framework 4 and the Moray Local Development Plan 2020) because the site is at risk of fluvial flooding from the nearby Broad Burn, as identified via SEPA flood maps and noted in the Flood Risk Assessment that accompanied this application. The site is offered a degree of protection from flooding via the Rothes Flood Alleviation Scheme however during a 1 in 200 year event along with an allowance for climate change, flood water is likely to overtop the flood defences. The site is therefore at risk of flooding and a safe and flood free route to and from a secure place that is connected to ground above the design flood level and/or wider area. On this basis the proposal therefore fails to comply with the following development plan policies: NPF4 Policy 22 - Flood Risk and Water Management MLDP Policy EP12 - Management and Enhancement of the Water Environment NPF4 Policy 1 - Tackling the Climate and Nature Crises NPF4 Policy 2 - Climate Mitigation and Adaption LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT The following plans and drawings form part of the decision:- Reference Version Title Location plan DWG2~ Elevations and floor plans DWG3~ Elevations and floor plan DWG1~ Proposed floor plan DETAILS OF ANY VARIATION MADE TO ORIGINAL PROPOSAL, AS AGREED WITH APPLICANT (S.32A of 1997 ACT) Amendments to layout of parking arrangement to front of houses. Page 123
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(Page 3 of 3) Ref: 21/01545/APP NOTICE OF APPEAL TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 If the applicant is aggrieved by the decision to refuse permission for or approval required by a condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant may require the planning authority to review the case under section 43A of the Town and Country Planning (Scotland) Act 1997 within three months from the date of this notice. The notice of review should be addressed to The Clerk, Moray Council Local Review Body, Legal and Committee Services, Council Offices, High Street, Elgin IV30 1BX. This form is also available and can be submitted online or downloaded from www.eplanning.scotland.gov.uk If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the owner of the land’s interest in the land in accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997. Page 124
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APPENDIX 2 NOTICE OF REVIEW, GROUNDS FOR REVIEW & SUPPORTING DOCUMENTS Page 126
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Page 1 of 5 The Moray Council Council Office High Street Elgin IV30 1BX Tel: 0300 1234561 Email: development.control@moray.gov.uk Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid. Thank you for completing this application form: ONLINE REFERENCE 100479410-012 The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application. Applicant or Agent Details Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting on behalf of the applicant in connection with this application) Applicant Agent Agent Details Please enter Agent details Company/Organisation: Ref. Number: You must enter a Building Name or Number, or both: * First Name: * Building Name: Last Name: * Building Number: Address 1 Telephone Number: * (Street): * Extension Number: Address 2: Mobile Number: Town/City: * Fax Number: Country: * Postcode: * Email Address: * Is the applicant an individual or an organisation/corporate entity? * Individual Organisation/Corporate entity Plans Plus Colin Keir Main Street Plans Plus Offices 01343 842635 IV30 8LG Moray By Elgin Urquhart ctkplans@aol.com Page 128
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Page 2 of 5 Applicant Details Please enter Applicant details Title: You must enter a Building Name or Number, or both: * Other Title: Building Name: First Name: * Building Number: Address 1 Last Name: * (Street): * Company/Organisation Address 2: Telephone Number: * Town/City: * Extension Number: Country: * Mobile Number: Postcode: * Fax Number: Email Address: * Site Address Details Planning Authority: Full postal address of the site (including postcode where available): Address 1: Address 2: Address 3: Address 4: Address 5: Town/City/Settlement: Post Code: Please identify/describe the location of the site or sites Northing Easting Mr 9 NEW STREET Peter Moray Council Ford ROTHES Mid Broad Industrial Estate 22 Premium Bakery ABERLOUR AB38 7BQ EH32 9ER UK 849267 Prestonpans 327753 Mid Road ctkplans@aol.com Page 129
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Page 3 of 5 Description of Proposal Please provide a description of your proposal to which your review relates. The description should be the same as given in the application form, or as amended with the agreement of the planning authority: * (Max 500 characters) Type of Application What type of application did you submit to the planning authority? * Application for planning permission (including householder application but excluding application to work minerals). Application for planning permission in principle. Further application. Application for approval of matters specified in conditions. What does your review relate to? * Refusal Notice. Grant of permission with Conditions imposed. No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal. Statement of reasons for seeking review You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement must set out all matters you consider require to be taken into account in determining your review. If necessary this can be provided as a separate document in the ‘Supporting Documents’ section: * (Max 500 characters) Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce all of the information you want the decision-maker to take into account. You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that time or that it not being raised before that time is a consequence of exceptional circumstances. Have you raised any matters which were not before the appointed officer at the time the Yes No Determination on your application was made? * If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before your application was determined and why you consider it should be considered in your review: * (Max 500 characters) Change of use of bakery to hot food takeaway and restaurant with flat above and 2 houses to the rear See supporting statement Page 130
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Page 4 of 5 Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters) Application Details Please provide the application reference no. given to you by your planning authority for your previous application. What date was the application submitted to the planning authority? * What date was the decision issued by the planning authority? * Review Procedure The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case. Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other parties only, without any further procedures? For example, written submission, hearing session, site inspection. * Yes No Please indicate what procedure (or combination of procedures) you think is most appropriate for the handling of your review. You may select more than one option if you wish the review to be a combination of procedures. Please select a further procedure * Please explain in detail in your own words why this further procedure is required and the matters set out in your statement of appeal it will deal with? (Max 500 characters) 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 Proposed plans. Existing plans, refusal notice, supporting statement, initial planning receipt confirming submission of sound report, email from agent requesting update dated 23/2/23, response email from planner dated 23/2/23, flood team consultation response indicating no objection. 21/01545/APP 17/04/2023 By means of inspection of the land to which the review relates 30/09/2021 It is imperative that the Review committee see the levels around this part of Rothes and are also made aware of the ground rising to the West of the application site next to the police station. Page 131
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Page 5 of 5 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: Mr Colin Keir Declaration Date: 14/07/2023 Page 132
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