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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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Page 1

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.     
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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. 
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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 
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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.
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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. 
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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.
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2
planning application in light of NPF4 with any response received being forwarded
to the Applicant for comment. 
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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
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The Moray Council Council Office High Street Elgin IV30 1BX  Tel: 0300 1234561  Email: development.control@moray.gov.uk
Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid.
Thank you for completing this application form:
ONLINE REFERENCE 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.
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Agent Details
Please enter Agent details
Company/Organisation:
Ref. Number: You must enter a Building Name or Number, or both: *
First Name: * Building Name:
Last Name: * Building Number:
Address 1
Telephone Number: * (Street): *
Extension Number: Address 2:
Mobile Number: Town/City: *
Fax Number: Country: *
Postcode: *
Email Address: *
Is the applicant an individual or an organisation/corporate entity? *
  Individual    Organisation/Corporate entity
Applicant Details
Please enter Applicant details
Title: You must enter a Building Name or Number, or both: *
Other Title: Building Name:
First Name: * Building Number:
Address 1
Last Name: * (Street): *
Company/Organisation Address 2:
Telephone Number: * Town/City: *
Extension Number: Country: *
Mobile Number: Postcode: *
Fax Number:
Email Address: *
Plans Plus
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
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Site Address Details
Planning Authority:
Full postal address of the site (including postcode where available):
Address 1: 
Address 2:
Address 3:
Address 4:
Address 5:
Town/City/Settlement:
Post Code:
Please identify/describe the location of the site or sites
Northing Easting
Pre-Application Discussion
Have you discussed your proposal with the planning authority? *  Yes   No
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
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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
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If Yes or No, please provide further details: * (Max 500 characters)
Residential Units Including Conversion
Does your proposal include new or additional houses and/or flats? *  Yes   No
How many units do you propose in total? *
Please provide full details of the number and types of units on the plans. Additional information may be provided in a supporting
statement.
All Types of Non Housing Development – Proposed New Floorspace
Does your proposal alter or create non-residential floorspace? *  Yes   No
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
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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
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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)
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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
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9 New Street, Rothes
Flood Risk Assessment 
November 2022 
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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
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report.
Unless otherwise agreed in writing, all intellectual property rights in, or arising out of, or in connection with this report,
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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. 
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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
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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 
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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
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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
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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
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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. 
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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
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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
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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. 
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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. 
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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. 
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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
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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
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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. 
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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.
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Compliance Certificate  
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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
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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:-
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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
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Page 83

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

Page 84

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.
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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.
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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.
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Page 87

Page 88

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
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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
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Page 91

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.
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Page 92

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 
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Page 94

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
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Page 95

Please find attached notification of consultation
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Page 96

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
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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.
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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
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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." 
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Page 100

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
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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
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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/.
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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
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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:- 
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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
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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. 
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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. 
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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
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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. 
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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. 
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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
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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
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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 
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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)   
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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.
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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.
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APPENDIX 2 
NOTICE OF REVIEW,
GROUNDS FOR REVIEW &
SUPPORTING DOCUMENTS
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The Moray Council Council Office High Street Elgin IV30 1BX  Tel: 0300 1234561  Email: development.control@moray.gov.uk
Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid.
Thank you for completing this application form:
ONLINE REFERENCE 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
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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
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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
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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.
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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
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