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Agenda Document Pack - Moray Local Review Body - 15/02/2024

Moray Council · 15 February 2024
Back to Moray Local Review Body — 15 February 2024 and its agenda

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Page 1

Moray Local Review Body 
Thursday, 15 February 2024 
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, 15 February 2024 at 09:30. 
BUSINESS 
1 Sederunt 
2 Declaration of Group Decisions and Members Interests * 
3 Minute of Meeting dated 18 January 2024 5 - 8
4 LR297 - Ward 8 - Forres
Planning Application 23/00976/APP – Convert the Old Stable Bar to 3
holiday lets at Seaview Caravan Park, Findhorn Road, Kinloss  
9 - 96
5 LR298 - Ward 4 - Fochabers Lhanbryde
Planning Application 23/01062/APP – Change of use of open land to
private garden at 2 Duke Street, Portgordon, Buckie, Moray  
97 -
184 
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 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, 18 January 2024 
Council Chambers, Council Office, High Street, Elgin, IV30 1BX 
PRESENT 
Councillor Amber Dunbar, Councillor Juli Harris, Councillor Sandy Keith, Councillor
Marc Macrae, Councillor Paul McBain, Councillor Draeyk Van Der Horn, Councillor
Sonya Warren 
APOLOGIES 
Councillor Neil Cameron 
IN ATTENDANCE 
Mrs MacDonald, Senior Planning Officer as Planning Adviser, Mr Hoath, Senior
Solicitor and Ms Smith, Solicitor as Legal Advisers and Mrs Rowan, Committee
Services Officer as Clerk to the Moray Local Review Body.   
1         Chair 
Councillor Macrae, being Chair of the Moray Local Review Body, chaired the
meeting.   
2         Declaration of Group Decisions and Members Interests 
In terms of Standing Order 21 and 23 and the Councillor's Code of Conduct, there
were no declarations from Group Leaders or Spokespersons in regard to any prior
decisions taken on how Members will vote on any item on the agenda or any
declarations of Members interests in respect of any item on the agenda. 
3         Minute of Meeting dated 14 December 2023 
The Minute of the meeting dated 14 December 2023 was submitted and approved. 
4         LR296 - Ward 8 - Forres 
Planning Application 23/01024/APP – Retrospective consent to erect a 4.5m
height flagpole in the grounds of Alba, 195 Findhorn, Forres  
A request was submitted by the Applicant, seeking a review of the decision of the
Appointed Officer, in terms of the Scheme of Delegation, to refuse planning
permission on the grounds that:  
Item 3
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The proposal is contrary to policies 4, 7 and 14 of the National Planning
Framework (NPF) and policies PP1, DP1, EP3 and EP9 of the Moray Local
Development Plan (MLDP) 2020 and the associated Findhorn Conservation Area
Character Appraisal for the following reasons:- 
1. The proposal, which is highly visible in this prominent location would
introduce a visually intrusive development into the historic streetscape
adding to existing visual clutter at the entrance of the Findhorn
Conservation Area. The proposal therefore would fail to preserve and/or
enhance the established character of the Conservation Area due to its
prominent location and inappropriate size, and would be contrary to policies
7, 14, PP1, DP1 and EP9. 
2. The proposed development does not adopt the highest standards of design
due to its inappropriate size in this prominent location. It therefore would
erode the traditional settlement character of the Culbin to Burghead Coast
Special Landscape Character, and would fail to accord with the requirement
of policies 4, 7, 14, PP1, DP1, EP3 and EP9.  
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 or Planning
Advisers had any preliminary matters to raise, Mr Hoath, Legal Adviser advised
that a query had been raised in relation to previous planning consent that had
been given on the site and that it had been implied that the flagpole should have
automatically received consent with this previous consent.  He advised that the
legal view is that this permission cannot be claimed in this way and was irrelevant
to the case before the Moray Local Review Body (MLRB) and that the remit of the
MLRB was to determine the review application in its own merits in accordance with
the information provided in the agenda pack.  
Mrs MacDonald, Planning Adviser further confirmed that the application for
planning permission was in relation to the flagpole and not the flag itself and
pointed out that the Agent had stated in his case that the Appointed Officer had
misstated legislation in terms of Conservation Areas however clarified that the
Officer had stated the Council Policy which is to preserve and enhance the
character or appearance of the Conservation Area, not statutory requirement
which is to preserve or enhance the character or appearance of the Conservation
Area.  This was noted.  
The Chair then asked the MLRB if it had sufficient information to determine the
request for review.  In response, the MLRB unanimously agreed that it had
sufficient information to determine the case.  
Councillor McBain, having visited the site and considered the case in detail was of
the view that the presence of the flagpole is not contrary to policies 4 (Natural
Places), 7 (Historic Assets and Places) and 14 (Design, Quality and Place) of the
National Planning Framework 4 (NPF4) or policies PP1 (Placemaking), DP1
(Development Principles), EP3 (Special Landscape Areas and Landscape
Character) and EP9 (Conservation Areas) of the Moray Local Development Plan
(MLDP) 2020 as, in his opinion, there was no adverse impact to the surrounding
area, the flagpole itself was of good quality and he was of the view it enhanced the
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character of the area and moved that the MLRB uphold the appeal and grant
planning permission in relation to Planning Application 23/01024/APP, for these
reasons.  This was seconded by Councillor Warren.  
Councillor van der Horn, having visited the site and considered the case in detail,
noted that the flagpole was situated in a very prominent position at the entrance to
Findhorn and that, should it be granted planning permission, any flag could be
flown there.  He acknowledged that the Community Council had objected to the
application and stated that the views of the Community should be considered.  He
further noted various road traffic signage at that particular part of Findhorn and
stated that the presence of a flag on a flagpole could distract from the other
signage.  For these reasons, Councillor van der Horn moved that the MLRB uphold
the original decision of the Appointed Officer and refuse planning permission in
respect of Planning Application 23/01024/APP as the proposal is contrary to
policies 4 (Natural Places), 7 (Historic Assets and Places) and 14 (Design, Quality
and Place) of the National Planning Framework 4 (NPF4) and policies PP1
(Placemaking), DP1 (Development Principles), EP3 (Special Landscape Areas and
Landscape Character) and EP9 (Conservation Areas) of the Moray Local
Development Plan (MLDP) 2020.  This was seconded by Councillor Macrae.  
On a division there voted:  
For the Motion (4):   Councillors McBain, Warren, Dunbar and Harris
For the Amendment (3):   Councillors van der Horn, Macrae and Keith
Abstentions (0):   Nil  
Accordingly, the Motion became the finding of the Meeting and the MLRB agreed
to uphold the appeal and grant planning permission in relation to Planning
Application 23/01024/APP as the proposal complies with policies 4 (Natural
Places), 7 (Historic Assets and Places) and 14 (Design, Quality and Place) of the
National Planning Framework 4 (NPF4) and policies PP1 (Placemaking), DP1
(Development Principles), EP3 (Special Landscape Areas and Landscape
Character) and EP9 (Conservation Areas) of the Moray Local Development Plan
(MLDP) 2020. 
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MORAY LOCAL REVIEW BODY 
15 FEBRUARY 2024 
SUMMARY OF INFORMATION FOR CASE No LR297 
Planning Application 23/00976/APP – Convert the Old Stable Bar to 3 holiday
lets at Seaview Caravan Park, Findhorn Road, Kinloss 
Ward 8 – Forres 
Planning permission was refused under the Statutory Scheme of Delegation by the
Appointed Officer on 20 September 2023 on the grounds that: 
The proposal is contrary to policies 1, 2, 10 and 22 of the National Planning
Framework 4 (NPF) and EP12 of the Moray Local Development Plan 2020 (MLDP)
for the following reasons:- 
• The proposal is located on a site that is at risk of coastal flooding as identified
via the future SEPA flood maps and the redevelopment of this site from a bar
to holiday accommodation where people are sleeping overnight is an increase
in land use vulnerability as there is an increase to people from coastal flood
risk therefore is contrary to NPF policies 10, 22 and MLDP policy EP12. 
• The proposed development has no safe access and egress from the
development in a flood event due to the public road used to access the site
also being at flood risk therefore is it unacceptable under NPF policy 22. 
• The proposal does not adapt to the future impacts of climate change (coastal
flooding) therefore it is contrary to NPF policies 1 and 2. 
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. 
A Further Representation received in response to the Notice of Review is attached
as Appendix 3. 
No representation was received from the Applicant in response to the Further
Representation. 
Item 4
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2
At the meeting of the Moray Local Review Body (MLRB) on [date], the MLRB
deferred consideration of Case [No] to request further information from [details re
who and what request is]. 
The Moray Local Review Body’s request for further information from [Requestee]
and subsequent response is attached as Appendix 5. 
The Applicant’s response to [Requestee]’s further information is attached as
Appendix 6. 
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Seaview Caravan Park
Tel Ex
Drain
Tanks
Tank
3.2m
B 9011
ESS
School
23
27
30
37
21
34
11
25
24
17
The
16
14
29
10
1
4
9
7
5
B 9011
Tank
3.2m
Tanks
ESS
Location plan for Planning Application Reference Number :
23/00976/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 11

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APPENDIX 1 
DOCUMENTS CONSIDERED
OR PREPARED BY THE
APPOINTED OFFICER
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Page 1 of 7
The Moray Council Council Office High Street Elgin IV30 1BX  Tel: 0300 1234561  Email: development.control@moray.gov.uk
Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid.
Thank you for completing this application form:
ONLINE REFERENCE 100631655-001
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
Convert The Old Stable Bar to 3 residential apartments.
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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: *
WA MacDonald Building Design Limite
Mr
William
Duncan
MacDonald
Brown
11 Mansefield Park
Kinloss
11
Seaview Caravan Park
07889722463
IV5 7ND
IV36 3TF
United Kingdom
UK
Inverness
Forres
Kirkhill
Bill@billmacdonald.co.uk
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Page 3 of 7
Site Address Details
Planning Authority:
Full postal address of the site (including postcode where available):
Address 1:
Address 2:
Address 3:
Address 4:
Address 5:
Town/City/Settlement:
Post Code:
Please identify/describe the location of the site or sites
Northing Easting
Pre-Application Discussion
Have you discussed your proposal with the planning authority? *  Yes  No
Site Area
Please state the site area:
Please state the measurement type used:  Hectares (ha)  Square Metres (sq.m)
Existing Use
Please describe the current or most recent use: *  (Max 500 characters)
Access and Parking
Are you proposing a new altered vehicle access to or from a public road? *  Yes  No
If Yes please describe and show on your drawings the position of any existing. Altered or new access points, highlighting the changes
you propose to make. You should also show existing footpaths and note if there will be any impact on these.
1360.00
The Stable Bar - public bar, kitchen and toilets
Moray Council
The Old Stable Bar, Seaview Caravan Park, Kinloss IV36 3TF
862267 305999
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Page 4 of 7
Are you proposing any change to public paths, public rights of way or affecting any public right of access? *  Yes  No
If Yes please show on your drawings the position of any affected areas highlighting the changes you propose to make, including
arrangements for continuing or alternative public access.
How many vehicle parking spaces (garaging and open parking) currently exist on the application
Site?
How many vehicle parking spaces (garaging and open parking) do you propose on the site (i.e. the
Total of existing and any new spaces or a reduced number of spaces)? *
Please show on your drawings the position of existing and proposed parking spaces and identify if these are for the use of particular
types of vehicles (e.g. parking for disabled people, coaches, HGV vehicles, cycles spaces).
Water Supply and Drainage Arrangements
Will your proposal require new or altered water supply or drainage arrangements? *  Yes  No
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
6
6
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If Yes or No, please provide further details: * (Max 500 characters)
Residential Units Including Conversion
Does your proposal include new or additional houses and/or flats? *  Yes  No
How many units do you propose in total? *
Please provide full details of the number and types of units on the plans. Additional information may be provided in a supporting
statement.
All Types of Non Housing Development – Proposed New Floorspace
Does your proposal alter or create non-residential floorspace? *  Yes  No
Schedule 3 Development
Does the proposal involve a form of development listed in Schedule 3 of the Town and Country  Yes  No  Don’t Know
Planning (Development Management Procedure (Scotland) Regulations 2013 *
If yes, your proposal will additionally have to be advertised in a newspaper circulating in the area of the development. Your planning
authority will do this on your behalf but will charge you a fee. Please check the planning authority’s website for advice on the additional
fee and add this to your planning fee.
If you are unsure whether your proposal involves a form of development listed in Schedule 3, please check the Help Text and Guidance
notes before contacting your planning authority.
Planning Service Employee/Elected Member Interest
Is the applicant, or the applicant’s spouse/partner, either a member of staff within the planning service or an  Yes  No
elected member of the planning authority? *
Certificates and Notices
CERTIFICATE AND NOTICE UNDER REGULATION 15 – TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT
PROCEDURE) (SCOTLAND) REGULATION 2013
One Certificate must be completed and submitted along with the application form. This is most usually Certificate A, Form 1,
Certificate B, Certificate C or Certificate E.
Are you/the applicant the sole owner of ALL the land? *  Yes  No
Is any of the land part of an agricultural holding? *  Yes  No
Certificate Required
The following Land Ownership Certificate is required to complete this section of the proposal:
Certificate A
Enclosure for waste and recycling bins - 6 number.
3
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Land Ownership Certificate
Certificate and Notice under Regulation 15 of the Town and Country Planning (Development Management Procedure) (Scotland)
Regulations 2013
Certificate A
I hereby certify that –
(1) - No person other than myself/the applicant was an owner (Any person who, in respect of any part of the land, is the owner or is the
lessee under a lease thereof of which not less than 7 years remain unexpired.) of any part of the land to which the application relates at
the beginning of the period of 21 days ending with the date of the accompanying application.
(2) - None of the land to which the application relates constitutes or forms part of an agricultural holding
Signed: William MacDonald
On behalf of: Mr Duncan Brown
Date: 09/06/2023
 Please tick here to certify this Certificate. *
Checklist – Application for Planning Permission
Town and Country Planning (Scotland) Act 1997
The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013
Please take a few moments to complete the following checklist in order to ensure that you have provided all the necessary information
in support of your application. Failure to submit sufficient information with your application may result in your application being deemed
invalid. The planning authority will not start processing your application until it is valid.
a) If this is a further application where there is a variation of conditions attached to a previous consent, have you provided a statement to
that effect? *
 Yes  No  Not applicable to this application
b) If this is an application for planning permission or planning permission in principal where there is a crown interest in the land, have
you provided a statement to that effect? *
 Yes  No  Not applicable to this application
c) If this is an application for planning permission, planning permission in principle or a further application and the application is for
development belonging to the categories of national or major development (other than one under Section 42 of the planning Act), have
you provided a Pre-Application Consultation Report? *
 Yes  No  Not applicable to this application
Town and Country Planning (Scotland) Act 1997
The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013
d) If this is an application for planning permission and the application relates to development belonging to the categories of national or
major developments and you do not benefit from exemption under Regulation 13 of The Town and Country Planning (Development
Management Procedure) (Scotland) Regulations 2013, have you provided a Design and Access Statement? *
 Yes  No  Not applicable to this application
e) If this is an application for planning permission and relates to development belonging to the category of local developments (subject
to regulation 13. (2) and (3) of the Development Management Procedure (Scotland) Regulations 2013) have you provided a Design
Statement? *
 Yes  No  Not applicable to this application
f) If your application relates to installation of an antenna to be employed in an electronic communication network, have you provided an
ICNIRP Declaration? *
 Yes  No  Not applicable to this application
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g) If this is an application for planning permission, planning permission in principle, an application for approval of matters specified in
conditions or an application for mineral development, have you provided any other plans or drawings as necessary:
 Site Layout Plan or Block plan.
 Elevations.
 Floor plans.
 Cross sections.
 Roof plan.
 Master Plan/Framework Plan.
 Landscape plan.
 Photographs and/or photomontages.
 Other.
If Other, please specify: *  (Max 500 characters)
Provide copies of the following documents if applicable:
A copy of an Environmental Statement. *  Yes  N/A
A Design Statement or Design and Access Statement. *  Yes  N/A
A Flood Risk Assessment. *  Yes  N/A
A Drainage Impact Assessment (including proposals for Sustainable Drainage Systems). *  Yes  N/A
Drainage/SUDS layout. *  Yes  N/A
A Transport Assessment or Travel Plan  Yes  N/A
Contaminated Land Assessment. *  Yes  N/A
Habitat Survey. *  Yes  N/A
A Processing Agreement. *  Yes  N/A
Other Statements (please specify). (Max 500 characters)
Declare – For Application to Planning Authority
I, the applicant/agent certify that this is an application to the planning authority as described in this form. The accompanying
Plans/drawings and additional information are provided as a part of this application.
Declaration Name: Mr William MacDonald
Declaration Date: 09/06/2023
Payment Details
Online payment: 856200
Payment date: 09/06/2023 12:48:45
Created: 09/06/2023 12:48
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B 9011
23
27
14
Drain
Tel Ex
Old
School
1
5
17
7
Seaview
Caravan Park
29
16
11
37
34
The
24
10
4
21
9
30
13
25
3 parking spaces 2500x5000mm
garden ground
3 parking spaces 2500x5000mm
ex office building
Contractor to check all sizes on site.
W
ritten dimensions to be taken in all cases.
Any discrepencies to be reported immediately.
0621.2417.05B
Conversion of building at
1:500
23.2.2023
date
scale
drawn
wa
macdonald
Site plan
Kinloss, Moray IV36 3TF
Seaview
Caravan Park,
Mr &
Mrs Brown
client
project
Planning Reference
Building Control Reference
copyright©
W
A
MacDonald Building Design Ltd MCIAT
Architectural Technologist &
Building Design Consultant
11
M
ansfield Park
Kirkhill, Inverness
IV5
7ND
07889
722463
(m
ob)
e mail: bill@billmacdonald.co.uk
01463
240002
www.billmacdonald.co.uk
Approved Certifier of Design (Section 6 - Energy)
for Domestic Buildings
kitchen
accessible bathroom
bedroom
1
bedroom
2
en suite
porch
bedroom
2
accessible bathroom
bedroom
1
lounge en suite
bedroom
2
en suite
en suite
accessible bathroom
bedroom
1
lounge
kitchen
en suite
existing dwelling - 4 bedrooms
utility
dining
lounge
wr
wr
wr
wr
wr
wr
wr
wr
kitchen
NS
E
W
-10
0
10
20
30
surface water flows to soakaways
foul water flows to an ex septic tank with overflow
to the main sewer
Rev A
8.5.2023 
Drainage note added
To Kinloss
To Findhorn
RAF Kinloss
Stable
Inn
The
1 parking space 3000x5000mm
(RECEPTION)
2 parking spaces 2500x 6000mm
(RECEPTION)
5000mm wide access
3 parking spaces 2500x5000mm
to serve schoolhouse
Rev B
20.7.2023
Parking revised
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2 bedroom
apartment
2 bedroom
apartment
2 bedroom
apartment
kitchen
accessible bathroom
bedroom
1
bedroom
2
104 sq m
en suite
porch
bedroom
2
accessible bathroom
121 sq m
bedroom
1
lounge
en suite
entrance
134 sq m
bedroom
2
en suite
en suite
accessible bathroom
bedroom
1
lounge
kitchen
en suite
Contractor to check all sizes on site.
W
ritten dimensions to be taken in all cases.
Any discrepencies to be reported immediately.
0621.2417.02A
Conversion of building at
1:100
6.10.2021
date
scale
drawn
wa
macdonald
Sketch plan
Kinloss
Seaview
Caravan Park,
Mr &
Mrs Brown
client
project
Planning Reference
Building Control Reference
copyright©
-1
0
1
2
3
W
A
MacDonald Building Design Ltd MCIAT
Architectural Technologist &
Building Design Consultant
11
M
ansfield Park
Kirkhill, Inverness
IV5
7ND
07889
722463
(m
ob)
e mail: bill@billmacdonald.co.uk
01463
240002
www.billmacdonald.co.uk
Approved Certifier of Design (Section 6 - Energy)
for Domestic Buildings
new
walls/partitions
rem
ovals/downtakings
existing dwelling
3 apartments
utility
dining
lounge
Rev A
21.2.2023
Adjustm
ents as discussed with client
new
window
new
opening
new
window
wr
wr
wr wr
wr
wr
wr
wr
kitchen
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Contractor to check all sizes on site.
W
ritten dimensions to be taken in all cases.
Any discrepencies to be reported immediately.
0621.2417.04A
Conversion of building at
1:200
23.2.2023
date
scale
drawn
wa
macdonald
Elevations
Kinloss
Seaview
Caravan Park,
Mr &
Mrs Brown
client
project
Planning Reference
Building Control Reference
copyright©
-1
0
1
2
3
W
A
MacDonald Building Design Ltd MCIAT
Architectural Technologist &
Building Design Consultant
11
M
ansfield Park
Kirkhill, Inverness
IV5
7ND
07889
722463
(m
ob)
e mail: bill@billmacdonald.co.uk
01463
240002
www.billmacdonald.co.uk
Approved Certifier of Design (Section 6 - Energy)
for Domestic Buildings
Existing &
proposed
FRONT 
ELEVATION
(South)
SIDE
ELEVATION
(East)
REAR 
ELEVATION
(North)
SIDE
ELEVATION
(West)
4
5
Existing
dwelling
(hatched) not part of this application
Existing
dwelling
(hatched) not part of this application
Existing
dwelling
(hatched) not part of this application
stone
facade
rendered
facade
rendered
facade
stone
'bands' at windows and corners
rendered
facade
rendered
facade
rendered
facade
rendered
facade
rendered
facade
rendered
facade
rendered
facade
rendered
facade
rendered
facade
FRONT 
ELEVATION
(South)
SIDE
ELEVATION
(East)
REAR 
ELEVATION
(North)
SIDE
ELEVATION
(West)
Existing
dwelling
(hatched) not part of this application
Existing
dwelling
(hatched) not part of this application
Existing
dwelling
(hatched) not part of this application
stone
facade
rendered
facade
rendered
facade
stone
'bands' at windows and corners
rendered
facade
rendered
facade
rendered
facade
rendered
facade
rendered
facade
rendered
facade
rendered
facade
rendered
facade
rendered
facade
PROPOSED
ELEVATIONS
EXISTING
ELEVATIONS
Rev A
8.5.2023
Existing
&
proposed
elevations added together
FINISHES
SCHEDULE
Roof
W
alls
W
indows
Fascia's &
soffit's
Rainwater goods
All as existing - slate pitched roof &
rubberised layer to flat roofs
As existing - render to bulk of building &
stone to porch
Timber
Painted timber where relevant
Cast iron
PROPOSED
ELEVATIONS
EXISTING
ELEVATIONS
lower window
sills
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porch
Contractor to check all sizes on site.
W
ritten dimensions to be taken in all cases.
Any discrepencies to be reported immediately.
0621.2417.01
Conversion of building at
1:100
6.10.2021
date
scale
drawn
wa
macdonald
Sketch plan
Kinloss
Seaview
Caravan Park,
Mr &
Mrs Brown
client
project
Planning Reference
Building Control Reference
copyright©
-1
0
1
2
3
W
A
MacDonald Building Design Ltd MCIAT
Architectural Technologist &
Building Design Consultant
11
M
ansfield Park
Kirkhill, Inverness
IV5
7ND
07889
722463
(m
ob)
e mail: bill@billmacdonald.co.uk
01463
240002
www.billmacdonald.co.uk
Approved Certifier of Design (Section 6 - Energy)
for Domestic Buildings
existing dwelling
as existing
lounge bar
lounge bar
lounge bar
function room
bar servery
bar cellar
wc
store
store
kitchen
toilets
toilets
toilets
toilets
entrance/exit
entrance/exit
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W.A. MacDonald (Building Design) Ltd
Chartered Architectural Technologist & Building Design Consultant 
11 Mansefield Park, Kirkhill, Inverness IV5 7ND
Telephone: 01463 240002   Mobile:07889 722463
e-mail: bill@billmacdonald.co.uk
www.billmacdonald.co.uk
W A MacDonald MCIAT is a trading name of W A MacDonald (Building Design) Ltd
Registered at Companies House, Edinburgh  June 2004 (SC269735) 
DESIGN 
STATEMENT
(SUPPLEMENT) 
23/00976/APP 
CONVERSION OF A BUILDING TO 3 APARTMENTS 
at   
SEAVIEW CARAVAN PARK
KINLOSS, MORAY IV36 3TF 
For 
MR & MRS DUNCAN BROWN 
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Page 32

W.A. MacDonald (Building Design) Ltd
Chartered Architectural Technologist & Building Design Consultant 
11 Mansefield Park, Kirkhill, Inverness IV5 7ND
Telephone: 01463 240002   Mobile:07889 722463
e-mail: bill@billmacdonald.co.uk
www.billmacdonald.co.uk
W A MacDonald MCIAT is a trading name of W A MacDonald (Building Design) Ltd
Registered at Companies House, Edinburgh  June 2004 (SC269735) 
Generally
Originally, this building was the local school and the schoolhouse is adjacent. It has been used for
many years as a Lounge Bar associated with the operation of the caravan park.  The building is
falling into disrepair.  We propose to form three apartments each with their own private entrance. 
Car parking with two spaces for each apartment will be laid out adjacent.  The property was built
around 1870 with local sandstone and is unlisted. 
The original part of the building has a stone clad porch, raised stone bands at corners and around
windows.  The bulk of the façade has been rendered with a wet dash render.  This part of the
building is slated with natural slate.  Extensions have been formed around the two original parts
of the building and these have been roofed with flat roofs.  The property has been in the
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W.A. MacDonald (Building Design) Ltd
Chartered Architectural Technologist & Building Design Consultant 
11 Mansefield Park, Kirkhill, Inverness IV5 7ND
Telephone: 01463 240002   Mobile:07889 722463
e-mail: bill@billmacdonald.co.uk
www.billmacdonald.co.uk
W A MacDonald MCIAT is a trading name of W A MacDonald (Building Design) Ltd
Registered at Companies House, Edinburgh  June 2004 (SC269735) 
ownership of the Applicants for 18 years.  The building until recently was a public house with a
commercial kitchen.  The pub commenced operation in the 1970’s. 
Site
The site is located between Kinloss and Findhorn to the East of the B9011 and to the West of
RAF Kinloss. 
Services
The site is fully serviced.  Foul water drainage is via a public communal septic tank whose outfall
is to the Kinloss public sewer.  It is anticipated that there will be less of an impact on the foul
system with 3 apartments being formed compared with a Public House, toilets and a commercial
kitchen.  Minimal adjustments will be made to the sewer to accommodate three apartments.  Roof
rainwater runs to existing soakpits and no change is proposed.  The building has a water supply
and electrical connection. 
Proposal
We propose to upgrade the building, including, improving insulation values, repairing existing
windows where possible, make good flashings and slating, upgrading electrical service, addition
of showers/wc’s, improving sound insulation between rooms. 
Parking
A revised parking proposal is shown on the site plan in light of comments made by The Transport
Manager.  Six spaces have been allocated to the three new apartments, 3 spaces for reception for
the caravan site and a further 3 spaces for the schoolhouse which has 4 bedrooms. 
Flooding
SEPA flood maps have been studied and for River, Coastal and Surface flooding, the noted
incidents is no more than 0.5%. 
Tourism Facilities and Accommodation (DP8)
Moray Council state that are here to help local enterprises as they look to operate safely and meet
the increasing demand for tourism related experiences.  Pre-Covid spend in Moray amounted to
around £1.5bn where there are 3200 registered tourism businesses.  Tourism jobs in the
Highlands and Islands represent 43% of the workforce and this sustains many of our rural,
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W.A. MacDonald (Building Design) Ltd
Chartered Architectural Technologist & Building Design Consultant 
11 Mansefield Park, Kirkhill, Inverness IV5 7ND
Telephone: 01463 240002   Mobile:07889 722463
e-mail: bill@billmacdonald.co.uk
www.billmacdonald.co.uk
W A MacDonald MCIAT is a trading name of W A MacDonald (Building Design) Ltd
Registered at Companies House, Edinburgh  June 2004 (SC269735) 
regional and island economies and communities.  The tourism and hospitality sector has been one
of the worst hit industries since the Covid 19 pandemic.  Caravans for let already exist on the
Applicants site (adjacent).  In terms of DP8, this is a low impact proposal as the substantial
building already exists 
Conclusion
The building has lain empty for some time and this proposal is reasonable in this situation.  It
lends itself quite well for residential use without affecting the privacy or amenity of others.
It is significant that the Schoolhouse is already occupied and it has a similar floor level to the
property under consideration.
The building exists, it is note in use currently and the property adjacent is occupied.  It is
inconceivable that a substantial property such as this is should go through its life with limited use.
The Moray Council mandate is to promote Tourism and a project such as this will achieve exactly
that. 
Scope of Works
The following is a list of works requiring attention;-
Repair windows where possible and replace if necessary – windows to be as existing style, sliding
sash and case with similarly dimensioned timbers.
Re-wire and re-plumb the entire property.
Make good all elements of the structure, including walls, flooring, skirtings, architraves.
Point stonework as necessary.
Make slating and flashing repairs.
Make good rainwater gutters and downpipes.
Improve insulation values. 
WA MacDonald MCIAT
Architectural Technologist &
Building Consultant 
Wednesday 23rd August 2023
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Consultation Request Notification 
Planning Authority Name Moray Council
Response Date  10th July 2023
Planning Authority
Reference
23/00976/APP
Nature of Proposal
(Description)
Convert The Old Stable Bar to 3 holiday let
apartments at
Site Seaview Caravan Park
Findhorn Road
Kinloss
Moray 
Site Postcode N/A
Site Gazetteer UPRN 000133052333
Proposal Location Easting 306022
Proposal Location Northing 862267
Area of application site (M2) 1360
Additional Comment 
Development Hierarchy
Level
LOCAL
Supporting Documentation
URL
https://publicaccess.moray.gov.uk/eplanning/ce
ntralDistribution.do?caseType=Application&ke
yVal=RW4M1BBGH1P00
Previous Application 12/00987/APP
11/00072/APP
10/00594/APP 
Date of Consultation 26th June 2023
Is this a re-consultation of
an existing application?
No
Applicant Name Mr Duncan Brown
Applicant Organisation
Name 
Applicant Address Seaview Caravan Park
Kinloss
Forres
UK
IV36 3TF 
Agent Name William MacDonald
Agent Organisation Name 
Agent Address
11 Mansefield Park
Kirkhill
Inverness
IV5 7ND 
Agent Phone Number 
Agent Email Address N/A
Case Officer Emma Mitchell
Case Officer Phone number 01343 563326
Case Officer email address emma.mitchell@moray.gov.uk
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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:   Aberdeenshire Council Archaeology Service 
Planning Application Ref. No: 23/00976/APP
Convert The Old Stable Bar to 3 holiday let apartments at Seaview Caravan Park Findhorn
Road Kinloss Moray for Mr Duncan Brown 
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 
X
(c) I have NO OBJECTIONS to the application subject to condition(s) and/or
comment(s) about the proposal as set out below   
❑
(d) Further information is required in order to consider the application as set out
below 
❑
Reason(s) for objection
None 
Condition(s)
None 
Further comment(s) to be passed to applicant 
Further information required to consider the application 
Contact: Claire Herbert Date…04/07/2023……………………..
email address:
archaeology@aberdeenshire.gov.uk
Phone No  ……01467537717
Consultee: Archaeology service 
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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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Consultee Comments for Planning Application 23/00976/APP
Application Summary
Application Number: 23/00976/APP
Address: Seaview Caravan Park Findhorn Road Kinloss Moray
Proposal: Convert The Old Stable Bar to 3 holiday let apartments at
Case Officer: Emma Mitchell
Consultee Details
Name: Mr CL Consultations
Address: Environmental Health, Council Offices, High Street Elgin, Moray IV30 1BX
Email: Not Available
On Behalf Of: Contaminated Land
Comments
No objections
Adrian Muscutt, CLO
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From: Shaya Anderson <Shaya.Anderson@moray.gov.uk>
Sent: 28 Jun 2023 09:13:58
To: DMSMyEmail@moray.gov.uk
Cc:
Subject: FW: 23/00976/APP Convert The Old Stable Bar to 3 holiday let apartments at Seaview Caravan Park, Findhorn
Road, Kinloss
Attachments:    
From: DeveloperObligations <DeveloperObligations@moray.gov.uk>
Sent: 27 June 2023 15:57
To: Emma Mitchell <Emma.Mitchell@moray.gov.uk>
Cc: DC-General Enquiries <development.control@moray.gov.uk>
Subject: 23/00976/APP Convert The Old Stable Bar to 3 holiday let apartments at Seaview Caravan Park, Findhorn Road, Kinloss  
Hi,  
Developer obligations are not being sought for the above planning application as given the nature and scale of the proposed
development; it will not have a detrimental impact on local infrastructure that requires mitigation through developer obligations.  
Thanks
Rebecca  
Rebecca Morrison| Infrastructure Growth/Obligations Officer (Strategic Planning and
Development) | Economic Growth and Development
rebecca.morrison@moray.gov.uk | website | facebook | twitter | instagram | news
Page 41

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Consultee Comments for Planning Application 23/00976/APP
Application Summary
Application Number: 23/00976/APP
Address: Seaview Caravan Park Findhorn Road Kinloss Moray
Proposal: Convert The Old Stable Bar to 3 holiday let apartments at
Case Officer: Emma Mitchell
Consultee Details
Name: Mr EH Consultations
Address: Environmental Health, Council Offices, High Street Elgin, Moray IV30 1BX
Email: Not Available
On Behalf Of: Environmental Health C12
Comments
No objections
Andy Stewart, PEHO
Page 43

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Page 45

MORAY COUNCIL
PLANNING CONSULTATION RESPONSE
From:   The Moray Council, Flood Risk Management
Planning Application Ref. No:
23/00976/APP 
I have the following comments to make on the application:-  
Please
x
(a) I OBJECT to the application for the reason(s) as stated below  
(b) I have NO OBJECTIONS to the application and have no condition(s) and/or
comment(s) to make on the proposal  
(c) I have NO OBJECTIONS to the application subject to condition(s) and/or
comment(s) about the proposal as set out below   
(d) Further information is required in order to consider the application as set out below   
Reason(s) for objection 
This application is being objected to under NPF4 Policy 10a.and 22a. 
10a) Development proposals in developed coastal areas will only be supported where the
proposal:
i. does not result in the need for further coastal protection measures taking into account
future sea level change; or increase the risk to people of coastal flooding or coastal
erosion, including through the loss of natural coastal defences including dune systems;
and
ii. is anticipated to be supportable in the long-term, taking into account projected climate
change. 
22a) Development proposals at risk of flooding or in a flood risk area will only be supported if they
are for:
iii. redevelopment of an existing building or site for an equal or less vulnerable use
iv. that the proposal does not create an island of development and that safe access/egress
can be achieved.
NPF4 can be found on the Scottish Government website:
https://www.gov.scot/publications/national-planning-framework-4/
The redevelopment of this site from a bar to holiday accommodation where people are sleeping
overnight is an increase in vulnerability due to the increase difficulty of save evacuation during a
flood event. This is furthered by there is no safe access and egress from the development in a
flood event due to the road also being at the same flood risk as the development. This would then
result in a need for coastal protection measured especially when considering SEPAs future flood
maps which take into account climate change.  
The SEPA current and future flood maps can be found at: https://map.sepa.org.uk/floodmaps 
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Contact: Natalie Dunton 
Date: 12/09/2023 
email address: Natalie.dunton@moray.gov.uk  Phone No 
Consultee: The Moray Council, Flood Risk Management 
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Page 48

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Page 49

Thursday, 29 June 2023 
Local Planner
Development Services
Moray Council
Elgin
IV30 1BX 
Dear Customer, 
Seaview Caravan Park Findhorn Road, Kinloss, Moray, IV36 3TX
Planning Ref: 23/00976/APP 
Our Ref: DSCAS-0089611-5KF
Proposal: Convert The Old Stable Bar to 3 holiday let apartments 
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.
Please read the following carefully as there may be further action required. Scottish Water
would advise the following: 
Water Capacity Assessment 
Scottish Water has carried out a Capacity review and we can confirm the following: 
 This proposed development will be fed from Glenlatterach 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 Operations. 
Waste Water Capacity Assessment 
 This proposed development will be serviced by Forres 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 
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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Pre-Development Enquiry (PDE) Form and submits it directly to Scottish Water via
our Customer Portal or contact Development Operations. 
Please Note 
 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. 
Asset Impact Assessment 
Scottish Water records indicate that there is live infrastructure in the proximity of your
development area that may impact on existing Scottish Water assets. 
 150mm rising main at the boundary of your site. 
The applicant must identify any potential conflicts with Scottish Water assets and contact our
Asset Impact Team via our Customer Portal for an appraisal of the proposals. 
The applicant should be aware that any conflict with assets identified will be subject to
restrictions on proximity of construction. Please note the disclaimer at the end of this
response. 
Written permission must be obtained before any works are started within the area of our
apparatus 
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. 
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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. 
 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
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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-Domestic 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 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 5kg 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, 
Ruth Kerr.
Development Services Analyst
PlanningConsultations@scottishwater.co.uk 
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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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OFFICIAL
OFFICIAL 
Emma Mitchell
Planning Department
Moray Council 
By email only to: consultation.planning@moray.gov.uk 
Our Ref:  9855
Your Ref:  23/00976/APP  
SEPA Email Contact:
planning.north@sepa.org.uk 
28 July 2023
Dear Emma Mitchell 
Town and Country Planning (Scotland) Acts
23/00976/APP
Convert The Old Stable Bar to 3 holiday let apartments at
Seaview Caravan Park, Findhorn, Kinloss, Moray 
Thank you for your consultation which was received by SEPA on 18 July 2023 in relation to the
above application. We understand the reason for consultation is 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 our position and advice
given below is based on NPF4 policy. 
We therefore object in principle to the application and recommend that planning permission
should be refused. This is because the proposed development is expected to put people or
property at risk of flooding, which is contrary to the duties set out under the Flood Risk
Management (Scotland) Act 2009, and the policy principles of National Planning Framework 4.
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OFFICIAL 
If 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. Flood Risk
1.1 We have a shared duty with Scottish Ministers and other responsible authorities under the
Flood Risk Management (Scotland) Act 2009 to reduce overall flood risk and promote
sustainable flood risk management. The cornerstone of sustainable flood risk management
is the avoidance of flood risk as a first principle, and this is set out in National Planning
Framework 4 (Policy 22).
1.2 The application involves a change of use from a bar to holiday letting apartments. In line
with SEPA’s Land use vulnerability guidance, the current use is considered to be a ‘Least
Vulnerable Land Use’ whereas the proposed use is considered to be a ‘Highly Vulnerable
Land Use’. As such there would be an increase in land use vulnerability as a result of the
development.
1.3 The site is fully within an area shown to be at risk of flooding based on the SEPA Future
Flood Maps. This indicates that there is a risk of flooding from the sea. You can view the
SEPA Flood Maps and find out more about them at Flood Maps | SEPA - Flood Maps |
SEPA.
1.4 The approximate coastal flood level for the area is 4.1mAOD including an allowance for
climate change. The flood level is derived from the 200 year still water level based on the
Coastal Flood Boundary Method which does not account for the effects of wave action,
funnelling or local bathymetry. The applied recommended sea level rise for the area by
2100 is based on the latest UK climate change predictions published in 2018 as outlined in
SEPA’s guidance. We therefore require that all development on the site is limited to land
which is higher than 4.1mAOD. In addition to this, a separate minimum freeboard
allowance of 0.6m to account for uncertainties and the effects of wave action is required for
finished floor levels. 
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OFFICIAL
1.5 OS maps show spot elevations on the road adjacent to the site of 3.2mAOD and the land is
relatively flat in this area. The information we hold therefore indicates that the site could be
inundated by the sea to a depth of almost 1m when taking account of the impacts of future
climate change on sea level rise. This would be considered a significant risk to people and
property. The access road would also be inundated meaning evacuation may be restricted,
or not possible. We believe the provision of detailed topographic information would only
serve to confirm that the building is located on land below 4.1mAOD and therefore at risk of
flooding and unsuitable for the proposed increase in vulnerability to holiday
accommodation.
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/.
Advice for the applicant 
3. Regulatory advice
3.1 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 are unable
to find the advice you need for a specific regulatory matter, please contact a member of the
local compliance team at: gs@sepa.org.uk
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 
Nicki Dunn
Senior Planning Officer
Planning Service 
Ecopy to: emma.mitchell@moray.gov.uk 
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OFFICIAL
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  10th July 2023
Planning Authority
Reference
23/00976/APP
Nature of Proposal
(Description)
Convert The Old Stable Bar to 3 holiday let
apartments at
Site Seaview Caravan Park
Findhorn Road
Kinloss
Moray 
Site Postcode N/A
Site Gazetteer UPRN 000133052333
Proposal Location Easting 306022
Proposal Location Northing 862267
Area of application site (M2) 1360
Additional Comment 
Development Hierarchy
Level
LOCAL
Supporting Documentation
URL
https://publicaccess.moray.gov.uk/eplanning/ce
ntralDistribution.do?caseType=Application&ke
yVal=RW4M1BBGH1P00
Previous Application 12/00987/APP
11/00072/APP
10/00594/APP 
Date of Consultation 26th June 2023
Is this a re-consultation of
an existing application?
No
Applicant Name Mr Duncan Brown
Applicant Organisation
Name 
Applicant Address Seaview Caravan Park
Kinloss
Forres
UK
IV36 3TF 
Agent Name William MacDonald
Agent Organisation Name 
Agent Address
11 Mansefield Park
Kirkhill
Inverness
IV5 7ND 
Agent Phone Number 
Agent Email Address N/A
Case Officer Emma Mitchell
Case Officer Phone number 01343 563326
Case Officer email address emma.mitchell@moray.gov.uk
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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: 23/00976/APP
Convert The Old Stable Bar to 3 holiday let apartments at Seaview Caravan Park Findhorn
Road Kinloss Moray for Mr Duncan Brown 
I have the following comments to make on the application:-  
Please 
(a) I OBJECT to the application for the reason(s) as stated below  
(b) I have NO OBJECTIONS to the application and have no condition(s) and/or
comment(s) to make on the proposal 

(c) I have NO OBJECTIONS to the application subject to condition(s) and/or
comment(s) about the proposal as set out below   
x
(d) Further information is required in order to consider the application as set out
below 

This proposal is to convert a former bar to 3 holiday let apartments within an existing
caravan park, including the re-configuration of existing parking arrangements. No
alterations are proposed to the existing access or boundary features. The following
conditions would apply:
Condition(s)
1. Parking shall be the following:
 3 car parking spaces retained for the old schoolhouse
 2 car parking spaces for each new apartment
 3 car parking spaces retained for the existing site reception 
The parking spaces shall be demarked on site in accordance with submitted drawing
reference “0621.2417.05B” and made available for use prior to the first occupation of the
first apartment, and thereafter be retained within the site 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. 
2. A turning area shall be retained within the curtilage of the site to enable vehicles to
enter and exit in a forward gear. 
Reason: To ensure the provision for vehicles to enter/exit in a forward gear in the interests
of the safety and free flow of traffic on the public road
Further comment(s) to be passed to applicant
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Planning consent does not carry with it the right to carry out works within the public road
boundary. 
Public utility apparatus may be affected by this proposal.  Contact the appropriate utility
service in respect of any necessary utility service alterations which have to be carried out
at the expense of the developer. 
No building materials/scaffolding/builder’s skip shall obstruct the public road (including
footpaths) without permission from the Roads Authority. 
Contact: AG Date 21 July 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: 23/00976/APP Officer: Emma Mitchell
Proposal
Description/
Address  
Convert The Old Stable Bar to 3 holiday let apartments at Seaview Caravan Park
Findhorn Road Kinloss Moray
Date: 18.09.2023 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 
MOD Safeguarding - Statutory 05/07/23 No objection
Moray Flood Risk Management 12/09/23 Object under policy 10 (a) and 22 (a) of
NPF4
Planning And Development Obligations 27/06/23 None sought 
Environmental Health Manager 28/06/23 No objection
Contaminated Land 27/06/23 No objection
Transportation Manager 21/07/23 No objection subject to conditions and
informatives
Scottish Water 29/06/23 No objection
Aberdeenshire Council Archaeology
Service
04/07/23 No objection
Scottish Environment Protection Agency 22/08/23 Object under policy 22 (a) of NPF4 
DEVELOPMENT PLAN POLICY
Policies Dep Any Comments 
(or refer to Observations below)
National Planning Framework (NPF)  
NPF1 - Tackling the Climate Y 
NPF2 - Climate mitigation and adaptation Y 
NPF3 - Biodiversity N 
NPF9 - Brownfield, vacant, derelict land N 
NPF10 - Coastal development Y 
NPF12 - Zero waste N 
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Page 2 of 6
NPF13 - Sustainable transport N 
NPF14 - Design, quality and place N 
NPF16 - Quality homes N 
NPF22 - Flood risk Y 
NPF23 - Health and safety N 
NPF29 - Rural development N 
NPF30 - Tourism N 
Moray Local Development Plan 2020 (MLDP)  
PP3 Infrastructure and Services N 
PP1 Placemaking N 
DP1 Development Principles Y 
DP8 Tourism Facilities and Accommodation N 
EP12 Management and Enhancement Water Y 
EP13 Foul Drainage N 
EP14 Pollution Contamination Hazards N 
REPRESENTATIONS
Representations Received  NO
Total number of representations received
Names/Addresses of parties submitting representations 
Summary and Assessment of main issues raised by representations
Issue: 
Comments (PO): 
OBSERVATIONS – ASSESSMENT OF PROPOSAL 
Proposal  
 Planning permission is sought for the conversion of The Old Stable Bar to 3 holiday let
apartments at Seaview Caravan Park, Findhorn Road Kinloss.  
 Each apartment has its own external entrance, two bedrooms (both en-suite), a bathroom, a
kitchen and living area. The apartments range in size from 104 sqm to 134 sqm.  
 Minimal external changes are proposed, these include the restoration and possible replacement
(if necessary) of some windows, pointing stonework where required and making goof rainwater
gutters and downpipes. 
 7 car parking spaces are to be provided for the development.  
 Existing drainage arrangements are proposed to be utilised.    
Site Characteristics 
 Seaview Caravan Park is located between Findhorn and Kinloss. It is located immediately off
the B9011 Forres to Kinloss Road on the east side. The park covers an area of 1360 sqm.  
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Page 3 of 6
 A dwelling is attached to the north side of The Old Stable Bar, it was formerly The Old
Schoolhouse. 
 38 Static Caravans are currently located on the Park.  
 The Old Stable Bar was built around 1870 and its most recent use was a Lounge Bar (it is
unknown when the use ceased) associated with the operation of the Caravan Park. The building
was previously a school. It is not listed. 
 The original part of the Old Stable Bar is made with local sandstone and has a stone clad porch,
most of the roof is natural slate. Flat roof extensions have been formed around the original two
parts of the building to the rear. 
Policy  
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 (NPF) and adopted
Moray Local Development Plan 2020 (MLDP) unless material considerations indicate otherwise. The
main issues are considered below:- 
Flooding (NPF 10 & 22 / MLDP DP1 & EP12) 
These policies seek together to ensure development would not 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. Policy 10
(part a) states that development proposals in developed coastal areas will only be supported where
the proposal does not result in the need for further coastal protection measures taking into account
future sea level change; or increase the risk to people of coastal flooding or coastal erosion, including
through the loss of natural coastal defences including dune system and is anticipated to be
supportable in the long-term, taking into account projected climate change. Policy 22's intention is to
strengthen resilience to flood risk by promoting avoidance as a first principle and reducing the
vulnerability of existing and future development to flooding. Policy 22 also states that development
proposals at risk of flooding or in a flood risk area will only be supported if they are for essential
infrastructure where the location is required for operational reasons, water compatible use,
redevelopment of an existing building or site for an equal or less vulnerable use or 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 is fully within an area shown to be at risk of flooding from the sea based on the SEPA Future
Flood Maps.    
The application involves a change of use from a bar to holiday letting apartments. In line with SEPA's
Land use vulnerability guidance, the current use is considered to be a 'Least Vulnerable Land Use'
where as the proposed use is considered to be a 'Highly Vulnerable Land Use'. As such there would
be an increase in land use vulnerability as a result of the development. This is contrary to policy 22
as it only allows the re-development of an existing building or site for an equal or less vulnerable use.
The proposal results an in an increase of risk to people through coastal flooding which is
unacceptable under policy 10.    
The approximate coastal flood level for the area is 4.1mAOD including an allowance for climate
change. The flood level is derived from the 200 year still water level based on the Coastal Flood
Boundary Method which does not account for the effects of wave action, funnelling or local
bathymetry. The applied recommended sea level rise for the area by 2100 is based on the latest UK
climate change predictions published in 2018 as outlined in SEPA's guidance. It is therefore required
that all development on the site is limited to land which is higher than 4.1mAOD. In addition to this, a
separate minimum freeboard allowance of 0.6m to account for uncertainties and the effects of wave
action is required for finished floor levels. 
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Page 4 of 6
OS maps show spot elevations on the road adjacent to the site of 3.2mAOD and the land is relatively
flat in this area. The information held therefore indicates that the site could be inundated by the sea to
a depth of almost 1m when taking account of the impacts of future climate change on sea level rise.
This would be considered a significant risk to people and property. The access road would also be
inundated meaning evacuation may be restricted, or not possible. The building is located on land
below 4.1mAOD and therefore at risk of flooding and unsuitable for the proposed increase in
vulnerability to holiday accommodation. 
SEPA and Moray Flood Risk Management were consulted on the proposal and object to it. This is
based on the above grounds. The proposal increases the number of people at risk from coastal
flooding and there is no safe access and egress from the development in a flood event due to the
public road used to access the site also being at risk from flooding therefore it is contrary to policies
10, 22 and EP12.   
Climate Change (NPF 1 & 2) 
Policy 1's aim is to encourage, promote and facilitate development that addresses the global climate
change and nature crisis. Policy 2's intention is to encourage, promote and facilitate development that
minimises emissions and adapts to the current and future impacts of climate change.    
Given the above the proposal is subsequently contrary to 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. 
Siting and Design (NPF 9 & 14 / MLDP PP1 & DP1) 
Policy 9 Brownfield, vacant and derelict land and empty buildings does encourage the use of existing
buildings. Policy 14 Design, quality and Place is intended to encourage, promote and facilitate well
designed development and requires development proposals to be designed to improve the quality of
an area. In addition to this states development proposals for the reuse of existing buildings for short
term holiday letting will not be supported where it will result in an unacceptable impact on local
amenity or character of an area. Policies PP1 and DP1 seek together to ensure that proposals meet
siting and design requirements, these include development being of scale, density and character to
its surroundings and integrating into the landscape, proposals not adversely impacting on
neighbouring properties in terms of privacy daylight or overbearing loss of amenity. 
The change of use of the bar to holiday accommodation would be acceptable if the site was not at
risk from flooding (see flooding section below). The proposal clearly does make use of a redundant
building. Merit is therefore attached under policy 9 to the proposed re-use of a derelict building and
brownfield site. The re-use of building would see the existing resources used again. The existing site
is a Caravan Park therefore the change of use to holiday accommodation would be in keeping with
the rest of the site. There would be no issues in terms of loss amenity.    
Rural Business Proposal / Tourist Accommodation (NPF 29 & 30 / MLDP DP8) 
Policy 29 seeks to encourage rural economic activity, innovation and diversification whilst ensuring
the distinctive character of a rural area. Policy 30 aims to encourage, promote and facilitate
sustainable tourism development which benefits local people and requires new tourist facilities to be
compatible with the surrounding area in terms of the nature and scale of the activity and impact of
increased visitors. In addition to this it states development proposals for the reuse of existing
buildings for short term holiday letting will not be supported where it will result in an unacceptable
impact on local amenity or character of an area. Policy 30 also states that proposals for tourism
related development will take into account accessibility for disabled people. Policy DP8 stipulates that
proposals which contribute to Moray's tourism industry will be supported where they comply with
relevant policies. A locational need for a specific site must be demonstrated. 
A locational justification has been provided with the proposal and demonstrates the need for the site
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Page 5 of 6
to be holiday accommodation given the regions successful tourism industry and the existing building
lending itself well for residential use.    
The change of use does comply with the requirements of policies 29, 30 and DP8, it is compatible
with the surrounding area in terms of nature and scale however given it is risk from flooding (see
flooding section below) the change of use is overall not acceptable.    
Access and Parking (NPF 13 / MLDP DP1) 
Policy 13 Sustainable Transport and DP1 and require that proposals must provide a safe entry and
exit from the development and conform with the Council's current policy on Parking Standards. 
Transportation were consulted on the proposal and required an updated plan showing parking
provision which accommodates both the existing ongoing arrangements and the provision for the 3
holidays lets. This was submitted and reviewed by Transportation who in turn have no objections to
the proposal subject to conditions and informatives being attached to the consent if it were to be
minded to be approved. The access and parking arrangements as amended therefore comply with
policies 13 and DP1.    
Drainage (NPF 22 / MLDP DP1 & EP12) 
Policies 22, DP1 and EP12 together to seek to ensure that acceptable water and drainage provision
is made, including the use of sustainable urban drainage (SUDS). 
Moray Flood Risk Management were consulted on the proposal and have no objections to the
drainage arrangements (existing system to be utilised). In terms of drainage the proposal complies
with policies 22, DP1 and EP12.    
Recommendation  
Refuse on the above grounds. 
OTHER MATERIAL CONSIDERATIONS TAKEN INTO ACCOUNT 
None 
HISTORY
Reference No. Description 
Apply for 11 month licence for 38 static stances including change of use of 8
touring vans to 8 static vans at Seaview Caravan Park Findhorn Road Kinloss
Moray  12/00987/APP Decision Permitted Date Of Decision 02/08/12   
Change of use from 38 no static vans to 38 no residential vans by upgrading
both vans and site to give 12 months continuous use at Sea View Park
Findhorn Road Kinloss Forres Moray 11/00072/APP Decision Refuse Date Of Decision 20/07/11   
Change of use from 17 touring vans to 18 static vans and change of use from
static chalet to residential managers house at Seaview Caravan Park
Findhorn Road Kinloss Forres Moray 10/00594/APP Decision Permitted Date Of Decision 29/09/10   
Apply for additional 12 static caravans and for additional 8 touring caravans
also modify site licence from 11-month licence to 12-month licence at
Seaview Caravan Park Findhorn Road Kinloss Moray  08/00227/FUL
Decision Permitted Date Of Decision 17/06/08
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Page 6 of 6   
TEMPORARY CHANGE OF USE OF 4 STATIC HOLIDAY CARAVANS TO 4
STATIC RESIDENTIAL CARAVANS (FROM 1 NOV 92 TO 1 APR 94) Stable
Inn Caravan Park Findhorn Forres Moray IV36 3TX 92/01214/FUL Decision Permitted Date Of Decision 21/12/92   
ADVERT
Advert Fee paid? Yes
Local Newspaper Reason for Advert Date of expiry 
Forres Gazette No Premises 25/07/23
PINS No Premises 25/07/23 
DEVELOPER CONTRIBUTIONS (PGU)
Status  None 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:  Design Statement – Conversion of Building to 3 Apartments at Seaview Caravan
Park, Kinloss, Moray IV36 3TF 
Main Issues:  Information on the site and proposal. 
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:  23/00976/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 policies 1, 2, 10 and 22 of the National Planning
Framework 4 (NPF) and EP12 of the Moray Local Development Plan 2020
(MLDP) for the following reasons:-
 The proposal is located on a site that is at risk of coastal flooding as
identified via the future SEPA flood maps and the redevelopment of this
site from a bar to holiday accommodation where people are sleeping
overnight is an increase in land use vulnerability as there is an increase to
people from coastal flood risk therefore is contrary to NPF policies 10, 22
and MLDP policy EP12.
 The proposed development has no safe access and egress from the
development in a flood event due to the public road used to access the
site also being at flood risk therefore is it unacceptable under NPF policy
22.
 The proposal does not adapt to the future impacts of climate change
(coastal flooding) therefore it is contrary to NPF policies 1 and 2.
LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT
The following plans and drawings form part of the decision:-
Reference Version Title
0621.2417.05 B Site arrangements
0621.2417.02 A Proposed floor plan
0621.2417.04 A Existing and proposed elevations
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
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(Page 3 of 3) Ref:  23/00976/APP
If permission to develop land is refused or granted subject to conditions and the
owner of the land claims that the land has become incapable of reasonably
beneficial use in its existing state and cannot be rendered capable of reasonably
beneficial use by the carrying out of any development which has been or would be
permitted, the owner of the land may serve on the planning authority a purchase
notice requiring the purchase of the owner of the land’s interest in the land in
accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997.
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APPENDIX 2 
NOTICE OF REVIEW,
GROUNDS FOR REVIEW &
SUPPORTING DOCUMENTS
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Page 1 of 5
The Moray Council Council Office High Street Elgin IV30 1BX  Tel: 0300 1234561  Email: development.control@moray.gov.uk
Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid.
Thank you for completing this application form:
ONLINE REFERENCE 100631655-003
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
WA MacDonald Building Design Limite
William
MacDonald
11 Mansefield Park
11
07889722463
IV5 7ND
United Kingdom
Inverness
Kirkhill
Bill@billmacdonald.co.uk
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Page 2 of 5
Applicant Details
Please enter Applicant details
Title: You must enter a Building Name or Number, or both: *
Other Title: Building Name:
First Name: * Building Number:
Address 1
Last Name: * (Street): *
Company/Organisation Address 2:
Telephone Number: * Town/City: *
Extension Number: Country: *
Mobile Number: Postcode: *
Fax Number:
Email Address: *
Site Address Details
Planning Authority:
Full postal address of the site (including postcode where available):
Address 1: 
Address 2:
Address 3:
Address 4:
Address 5:
Town/City/Settlement:
Post Code:
Please identify/describe the location of the site or sites
Northing Easting
Mr
Duncan
Moray Council
Brown
The Old Stable Bar, Seaview Caravan Park, Kinloss IV36 3TF
862267 305999
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Page 3 of 5
Description of Proposal
Please provide a description of your proposal to which your review relates. The description should be the same as given in the
application form, or as amended with the agreement of the planning authority: *
(Max 500 characters)
Type of Application
What type of application did you submit to the planning authority? *
  Application for planning permission (including householder application but excluding application to work minerals).
  Application for planning permission in principle.
  Further application.
  Application for approval of matters specified in conditions.
What does your review relate to? *
  Refusal Notice.
 Grant of permission with Conditions imposed.
  No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal.
Statement of reasons for seeking review
You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement
must set out all matters you consider require  to be taken into account in determining your review. If necessary this can be provided as a
separate document in the ‘Supporting Documents’ section: *  (Max 500 characters)
Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce
all of the information you want the decision-maker to take into account.
You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at
the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that
time or that it not being raised before that time is a consequence of exceptional circumstances.
Have you raised any matters which were not before the appointed officer  at the time the  Yes   No
Determination on your application was made? *
If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before
your application was determined and why you consider it should be considered in your review: * (Max 500 characters)
Convert the Old Stable Bar to 3 residential apartments - tourism
See attached documentation.
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Page 4 of 5
Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend
to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters)
Application Details
Please provide the application reference no. given to you by your planning
authority for your previous application.
What date was the application submitted to the planning authority? *
What date was the decision issued by the planning authority? *
Review Procedure
The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review
process require that further information or representations be made to enable them to determine the review. Further information may be
required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or
inspecting the land which is the subject of the review case.
Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other
parties only,  without any further procedures? For example, written submission, hearing session, site inspection. *
 Yes   No
Please indicate what procedure (or combination of procedures) you think is most appropriate for the handling of your review. You may
select more than one option if you wish the review to be a combination of procedures.
Please select a further procedure *
Please explain in detail in your own words why this further procedure is required and the matters set out in your statement of appeal it
will deal with?  (Max 500 characters)
In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion:
Can the site be clearly seen from a road or public land? *  Yes   No
Is it possible for the site to be accessed safely and without barriers to entry? *  Yes    No
Letter from Applicant dated 5.12.2023.  Letter from Douglas Ross MP dated 2.8.2023.  My cover letter dated 5.12.2023.  Design
Statement Supplement.
23/00976/APP
20/09/2023
By means of inspection of the land to which the review relates
09/06/2023
The site needs to be viewed by those who will decide.  These persons need to see a building that is in excess of 100 years old
(the old school and schoolhouse) and note that the schoolhouse has been occupied for many years and the floor level is at the
same level as the school floor.
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Page 5 of 5
Checklist – Application for Notice of Review
Please complete the following checklist to make sure  you have provided all the necessary information in support of your appeal. Failure
to submit all this  information may result in your appeal  being deemed invalid.
Have you provided the name and address of the applicant?.  *  Yes   No
Have you provided the date and reference number of the application which is the subject of this  Yes   No
review? *
If you are the agent, acting on behalf of the applicant, have you provided details of your name  Yes   No   N/A
and address and indicated whether any notice or correspondence required in connection with the
review should be sent to you or the applicant? *
Have you provided a statement setting out your reasons for requiring a review and by what  Yes   No
procedure (or combination of procedures) you wish the review to be conducted? *
Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider
require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review
at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely
on and wish the Local Review Body to consider as part of your review.
Please attach a copy of all documents, material and evidence which you intend to rely on  Yes   No
(e.g. plans and Drawings) which are now the subject of this review *
Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a
planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the
application reference number, approved plans and decision notice (if any) from the earlier consent.
Declare – Notice of Review
I/We the applicant/agent certify that this is an application for review on the grounds stated.
Declaration Name: Mr William MacDonald
Declaration Date: 05/12/2023
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W.A. MacDonald (Building Design) Ltd
Chartered Architectural Technologist & Building Design Consultant 
11 Mansefield Park, Kirkhill, Inverness IV5 7ND
Telephone: 01463 240002   Mobile:07889 722463
e-mail: bill@billmacdonald.co.uk
www.billmacdonald.co.uk
W A MacDonald MCIAT is a trading name of W A MacDonald (Building Design) Ltd
Registered at Companies House, Edinburgh  June 2004 (SC269735) 
5th December 2023
Head of Economic Growth &
Development, Environment & Finance
Moray Council
Council Office
High Street
ELGIN
Moray
IV30 1BX 
Dear Sir/Madam 
23/00976/APP - APPLICATION FOR REVIEW OF REFUSAL TO CONVERT
THE OLD STABLE BAR TO 3 RESIDENTIAL APARTMENTS AT SEAVIEW
CARAVAN PARK, FINDHORN ROAD, KINLOSS 
I refer to my Application and to the recent refusal. 
There are a few points that I would like to make to reinforce my argument as to why this
Refusal might be overturned. 
The possibility that use of this fine old building (1870) is limited because of a 0.5%
flooding risk is unreasonable especially since there has been no reports or evidence of
flooding to-date.  I absolutely agree that we should be aware of possible changes in our
climate. 
One of The Council’s objectives is to promote Tourism and in a small way the approval
(overturning) of this Review would reinforce the intent.  Confirmation was requested by
Planning whether this Application was for Tourism or permanent residences and it was
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W.A. MacDonald (Building Design) Ltd
Chartered Architectural Technologist & Building Design Consultant 
11 Mansefield Park, Kirkhill, Inverness IV5 7ND
Telephone: 01463 240002   Mobile:07889 722463
e-mail: bill@billmacdonald.co.uk
www.billmacdonald.co.uk
W A MacDonald MCIAT is a trading name of W A MacDonald (Building Design) Ltd
Registered at Companies House, Edinburgh  June 2004 (SC269735) 
confirmed that this is a Tourism proposal.  Figures announced today confirmed that
Tourism/letting is the third largest employer in the UK. 
It is a very different situation when considering Tourism properties for letting under
extreme circumstances (such as flooding) compared with permanent residences – there is
less of an impact on Tourists than permanent residents – after all, it is a short break for
holiday makers. 
I await an acknowledgment of this Application and any details of a site visit or meeting.   
Yours faithfully 
WA MacDonald
Building Design Consultant
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W.A. MacDonald (Building Design) Ltd
Chartered Architectural Technologist & Building Design Consultant 
11 Mansefield Park, Kirkhill, Inverness IV5 7ND
Telephone: 01463 240002   Mobile:07889 722463
e-mail: bill@billmacdonald.co.uk
www.billmacdonald.co.uk
W A MacDonald MCIAT is a trading name of W A MacDonald (Building Design) Ltd
Registered at Companies House, Edinburgh  June 2004 (SC269735) 
DESIGN 
STATEMENT
(SUPPLEMENT) 
23/00976/APP 
CONVERSION OF A BUILDING TO 3 APARTMENTS 
at   
SEAVIEW CARAVAN PARK
KINLOSS, MORAY IV36 3TF 
For 
MR & MRS DUNCAN BROWN 
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W.A. MacDonald (Building Design) Ltd
Chartered Architectural Technologist & Building Design Consultant 
11 Mansefield Park, Kirkhill, Inverness IV5 7ND
Telephone: 01463 240002   Mobile:07889 722463
e-mail: bill@billmacdonald.co.uk
www.billmacdonald.co.uk
W A MacDonald MCIAT is a trading name of W A MacDonald (Building Design) Ltd
Registered at Companies House, Edinburgh  June 2004 (SC269735) 
Generally
Originally, this building was the local school and the schoolhouse is adjacent. It has been used for
many years as a Lounge Bar associated with the operation of the caravan park.  The building is
falling into disrepair.  We propose to form three apartments each with their own private entrance. 
Car parking with two spaces for each apartment will be laid out adjacent.  The property was built
around 1870 with local sandstone and is unlisted. 
The original part of the building has a stone clad porch, raised stone bands at corners and around
windows.  The bulk of the façade has been rendered with a wet dash render.  This part of the
building is slated with natural slate.  Extensions have been formed around the two original parts
of the building and these have been roofed with flat roofs.  The property has been in the
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W.A. MacDonald (Building Design) Ltd
Chartered Architectural Technologist & Building Design Consultant 
11 Mansefield Park, Kirkhill, Inverness IV5 7ND
Telephone: 01463 240002   Mobile:07889 722463
e-mail: bill@billmacdonald.co.uk
www.billmacdonald.co.uk
W A MacDonald MCIAT is a trading name of W A MacDonald (Building Design) Ltd
Registered at Companies House, Edinburgh  June 2004 (SC269735) 
ownership of the Applicants for 18 years.  The building until recently was a public house with a
commercial kitchen.  The pub commenced operation in the 1970’s. 
Site
The site is located between Kinloss and Findhorn to the East of the B9011 and to the West of
RAF Kinloss. 
Services
The site is fully serviced.  Foul water drainage is via a public communal septic tank whose outfall
is to the Kinloss public sewer.  It is anticipated that there will be less of an impact on the foul
system with 3 apartments being formed compared with a Public House, toilets and a commercial
kitchen.  Minimal adjustments will be made to the sewer to accommodate three apartments.  Roof
rainwater runs to existing soakpits and no change is proposed.  The building has a water supply
and electrical connection. 
Proposal
We propose to upgrade the building, including, improving insulation values, repairing existing
windows where possible, make good flashings and slating, upgrading electrical service, addition
of showers/wc’s, improving sound insulation between rooms. 
Parking
A revised parking proposal is shown on the site plan in light of comments made by The Transport
Manager.  Six spaces have been allocated to the three new apartments, 3 spaces for reception for
the caravan site and a further 3 spaces for the schoolhouse which has 4 bedrooms. 
Flooding
SEPA flood maps have been studied and for River, Coastal and Surface flooding, the noted
incidents is no more than 0.5%. 
Tourism Facilities and Accommodation (DP8)
Moray Council state that are here to help local enterprises as they look to operate safely and meet
the increasing demand for tourism related experiences.  Pre-Covid spend in Moray amounted to
around £1.5bn where there are 3200 registered tourism businesses.  Tourism jobs in the
Highlands and Islands represent 43% of the workforce and this sustains many of our rural,
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W.A. MacDonald (Building Design) Ltd
Chartered Architectural Technologist & Building Design Consultant 
11 Mansefield Park, Kirkhill, Inverness IV5 7ND
Telephone: 01463 240002   Mobile:07889 722463
e-mail: bill@billmacdonald.co.uk
www.billmacdonald.co.uk
W A MacDonald MCIAT is a trading name of W A MacDonald (Building Design) Ltd
Registered at Companies House, Edinburgh  June 2004 (SC269735) 
regional and island economies and communities.  The tourism and hospitality sector has been one
of the worst hit industries since the Covid 19 pandemic.  Caravans for let already exist on the
Applicants site (adjacent).  In terms of DP8, this is a low impact proposal as the substantial
building already exists 
Conclusion
The building has lain empty for some time and this proposal is reasonable in this situation.  It
lends itself quite well for residential use without affecting the privacy or amenity of others.
It is significant that the Schoolhouse is already occupied and it has a similar floor level to the
property under consideration.
The building exists, it is note in use currently and the property adjacent is occupied.  It is
inconceivable that a substantial property such as this is should go through its life with limited use.
The Moray Council mandate is to promote Tourism and a project such as this will achieve exactly
that. 
Scope of Works
The following is a list of works requiring attention;-
Repair windows where possible and replace if necessary – windows to be as existing style, sliding
sash and case with similarly dimensioned timbers.
Re-wire and re-plumb the entire property.
Make good all elements of the structure, including walls, flooring, skirtings, architraves.
Point stonework as necessary.
Make slating and flashing repairs.
Make good rainwater gutters and downpipes.
Improve insulation values. 
WA MacDonald MCIAT
Architectural Technologist &
Building Consultant 
Wednesday 23rd August 2023
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B 9011
23
27
14
Drain
Tel Ex
Old
School
1
5
17
7
Seaview
Caravan Park
29
16
11
37
34
The
24
10
4
21
9
30
13
25
3 parking spaces
garden ground
3 parking spaces
ex office building
Contractor to check all sizes on site.
W
ritten dimensions to be taken in all cases.
Any discrepencies to be reported immediately.
0621.2417.05A
Conversion of building at
1:500
23.2.2023
date
scale
drawn
wa
macdonald
Site plan
Kinloss, Moray IV36 3TF
Seaview
Caravan Park,
Mr &
Mrs Brown
client
project
Planning Reference
Building Control Reference
copyright©
W
A
MacDonald Building Design Ltd MCIAT
Architectural Technologist &
Building Design Consultant
11
M
ansfield Park
Kirkhill, Inverness
IV5
7ND
07889
722463
(m
ob)
e mail: bill@billmacdonald.co.uk
01463
240002
www.billmacdonald.co.uk
Approved Certifier of Design (Section 6 - Energy)
for Domestic Buildings
kitchen
accessible bathroom
bedroom
1
bedroom
2
en suite
porch
bedroom
2
accessible bathroom
bedroom
1
lounge en suite
bedroom
2
en suite
en suite
accessible bathroom
bedroom
1
lounge
kitchen
en suite
existing dwelling
utility
dining
lounge
wr
wr
wr
wr
wr
wr
wr
wr
kitchen
NS
E
W
-10
0
10
20
30
surface water flows to soakaways
foul water flows to an ex septic tank with overflow
to the main sewer
Rev A
8.5.2023 
Drainage note added
To Kinloss
To Findhorn
RAF Kinloss
Stable
Inn
The
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porch
Contractor to check all sizes on site.
W
ritten dimensions to be taken in all cases.
Any discrepencies to be reported immediately.
0621.2417.01
Conversion of building at
1:100
6.10.2021
date
scale
drawn
wa
macdonald
Sketch plan
Kinloss
Seaview
Caravan Park,
Mr &
Mrs Brown
client
project
Planning Reference
Building Control Reference
copyright©
-1
0
1
2
3
W
A
MacDonald Building Design Ltd MCIAT
Architectural Technologist &
Building Design Consultant
11
M
ansfield Park
Kirkhill, Inverness
IV5
7ND
07889
722463
(m
ob)
e mail: bill@billmacdonald.co.uk
01463
240002
www.billmacdonald.co.uk
Approved Certifier of Design (Section 6 - Energy)
for Domestic Buildings
existing dwelling
as existing
lounge bar
lounge bar
lounge bar
function room
bar servery
bar cellar
wc
store
store
kitchen
toilets
toilets
toilets
toilets
entrance/exit
entrance/exit
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2 bedroom
apartment
2 bedroom
apartment
2 bedroom
apartment
kitchen
accessible bathroom
bedroom
1
bedroom
2
104 sq m
en suite
porch
bedroom
2
accessible bathroom
121 sq m
bedroom
1
lounge
en suite
entrance
134 sq m
bedroom
2
en suite
en suite
accessible bathroom
bedroom
1
lounge
kitchen
en suite
Contractor to check all sizes on site.
W
ritten dimensions to be taken in all cases.
Any discrepencies to be reported immediately.
0621.2417.02A
Conversion of building at
1:100
6.10.2021
date
scale
drawn
wa
macdonald
Sketch plan
Kinloss
Seaview
Caravan Park,
Mr &
Mrs Brown
client
project
Planning Reference
Building Control Reference
copyright©
-1
0
1
2
3
W
A
MacDonald Building Design Ltd MCIAT
Architectural Technologist &
Building Design Consultant
11
M
ansfield Park
Kirkhill, Inverness
IV5
7ND
07889
722463
(m
ob)
e mail: bill@billmacdonald.co.uk
01463
240002
www.billmacdonald.co.uk
Approved Certifier of Design (Section 6 - Energy)
for Domestic Buildings
new
walls/partitions
rem
ovals/downtakings
existing dwelling
3 apartments
utility
dining
lounge
Rev A
21.2.2023
Adjustm
ents as discussed with client
new
window
new
opening
new
window
wr
wr
wr wr
wr
wr
wr
wr
kitchen
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Contractor to check all sizes on site.
W
ritten dimensions to be taken in all cases.
Any discrepencies to be reported immediately.
0621.2417.04A
Conversion of building at
1:200
23.2.2023
date
scale
drawn
wa
macdonald
Elevations
Kinloss
Seaview
Caravan Park,
Mr &
Mrs Brown
client
project
Planning Reference
Building Control Reference
copyright©
-1
0
1
2
3
W
A
MacDonald Building Design Ltd MCIAT
Architectural Technologist &
Building Design Consultant
11
M
ansfield Park
Kirkhill, Inverness
IV5
7ND
07889
722463
(m
ob)
e mail: bill@billmacdonald.co.uk
01463
240002
www.billmacdonald.co.uk
Approved Certifier of Design (Section 6 - Energy)
for Domestic Buildings
Existing &
proposed
FRONT 
ELEVATION
(South)
SIDE
ELEVATION
(East)
REAR 
ELEVATION
(North)
SIDE
ELEVATION
(West)
4
5
Existing
dwelling
(hatched) not part of this application
Existing
dwelling
(hatched) not part of this application
Existing
dwelling
(hatched) not part of this application
stone
facade
rendered
facade
rendered
facade
stone
'bands' at windows and corners
rendered
facade
rendered
facade
rendered
facade
rendered
facade
rendered
facade
rendered
facade
rendered
facade
rendered
facade
rendered
facade
FRONT 
ELEVATION
(South)
SIDE
ELEVATION
(East)
REAR 
ELEVATION
(North)
SIDE
ELEVATION
(West)
Existing
dwelling
(hatched) not part of this application
Existing
dwelling
(hatched) not part of this application
Existing
dwelling
(hatched) not part of this application
stone
facade
rendered
facade
rendered
facade
stone
'bands' at windows and corners
rendered
facade
rendered
facade
rendered
facade
rendered
facade
rendered
facade
rendered
facade
rendered
facade
rendered
facade
rendered
facade
PROPOSED
ELEVATIONS
EXISTING
ELEVATIONS
Rev A
8.5.2023
Existing
&
proposed
elevations added together
FINISHES
SCHEDULE
Roof
W
alls
W
indows
Fascia's &
soffit's
Rainwater goods
All as existing - slate pitched roof &
rubberised layer to flat roofs
As existing - render to bulk of building &
stone to porch
Timber
Painted timber where relevant
Cast iron
PROPOSED
ELEVATIONS
EXISTING
ELEVATIONS
lower window
sills
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APPENDIX 3 
FURTHER REPRESENTATIONS
FROM INTERESTED PARTIES
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1
Lissa Rowan
Subject: RE: 20231220_MOD_Response
From: Adam.Scott185@mod.gov.uk <Adam.Scott185@mod.gov.uk> 
Sent: 20 December 2023 12:45
To: Lindsey Robinson <Lindsey.Robinson@moray.gov.uk>
Subject: 20231220_MOD_Response 
Warning. This email contains web links and originates from outside of the Moray Council
network. 
You should only click on these links if you are certain that the email is
genuine and the content is safe.
Good afternoon Lindsey, 
Thank you for consulting the Ministry of Defence (MOD) on Notice of Review reference LMR/LR297. 
The Defence Infrastructure Organisation (DIO) Safeguarding Team represents the MOD as a consultee in UK planning
and energy consenting systems to ensure that development does not compromise or degrade the operation of
defence sites such as aerodromes, explosives storage sites, air weapon ranges, and technical sites or training
resources such as the Military Low Flying System. 
I can confirm that, following review of the application documents, the proposed development would be considered
to have no detrimental impact on the operation or capability of a defence site or asset. The MOD has no objection
to the development proposed. 
The MOD must emphasise that this email is provided specifically in response to the application documents and
supporting information provided on the Moray Council website as of the date of this email.   
Amendments to any element of the proposed development (including the location, dimensions, form, and/or
finishing materials of any structure) may significantly alter how the development relates to MOD safeguarding
requirements and may result in detrimental impact(s) on the operation or capability of defence sites or assets. 
In the event that any: 
•             revised plans;
•             amended plans;
•             additional information; or 
•             further application(s) 
are submitted for approval, the MOD, as a statutory consultee, should be consulted and provided with adequate
time to carry out assessments and provide a formal response whether the proposed amendments are considered
material or not by the determining authority. 
Kind Regards 
Adam Scott | Assistant Safeguarding Manager 
Defence Infrastructure Organisation 
Estates | Safeguarding
DIO Head Office | St George's House | DMS Whittington | Lichfield | Staffordshire | WS14 9PY
Mobile: 07814885016 
Email: adam.scott185@mod.gov.uk 
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MORAY LOCAL REVIEW BODY 
15 FEBRUARY 2024 
SUMMARY OF INFORMATION FOR CASE No LR297 
Planning Application 23/01062/APP – Change of use of open land to private
garden at 2 Duke Street, Portgordon, Buckie, Moray 
Ward 4 – Fochabers Lhanbryde 
Planning permission was refused under the Statutory Scheme of Delegation by the
Appointed Officer on 7 November 2023 on the grounds that: 
The proposed change of use of an area of Open Space to domestic garden ground
is contrary to the Moray Local Development Plan (2020) and National Planning
Framework 4 for the following reasons: 
1. The proposals would result in the loss of an area of identified as Open Space
under ENV5 within the Moray Local Development Plan (MLDP) 2020 which
would fail to comply with MLDP 2020 Policies DP1 and EP5. 
2. The ENV5 Green Corridor forms part of the old railway/cycle path corridor
which contributes to the setting and character of Portgordon and helps to
connect the cycle path into the village centre. The location also provides
amenity to the village hall opposite. Whilst the site makes up a small part of
the green corridor, piecemeal erosion can negatively impact on the quality
and character of the ENV and the role it plays in the setting of Portgordon and
wider green networks and therefore the proposals would also fail to comply
with NPF4 Policy 20 as the overall integrity of the green network would be
fragmented. 
3. The Tree Survey Report has not been updated to show the location of the
rerouted footpath which would now go between the trees and an Arboricultural
Method Statement has not been submitted which would set out how
construction will minimise impacts on tree roots. As a result, MLDP 2020
Policy EP7 has not been complied with as additional information is required to
confirm that the trees would be safeguarded from the impact of the
construction of the path. 
Item 5
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2
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. 
There were no further representations from any of the Interested Parties.
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Hall
Bollards
Primary
Church
Portgordon
Tank
School
War Meml
Brae
LB
Mud
HIGH STREET EAST
TCB
DUKE
LANE
Gowan
DUKE STREET
HOPE STREET
CROSS STREET
GP
GORDON SQUARE
Cairnduna
2
9
15
6a
23
13
8
6
14
3 5
11
16
4a
14
1921
7
1210
2a
18
2224
8a
CROSS
LANE
7
7
3
2
4
12
6a
9
2
2
9
5
2
4
13
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Location plan for Planning Application Reference Number :
23/01062/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 2024 Page 99

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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 100633288-001
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
It is proposed to change the use of an area of land adjacent to 2 Duke Street Portgordon from open land to private garden.
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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
Mrs
2 DUKE STREET
Audrey
Moray Council
Murray
PORTGORDON
2 Duke Street
2
2
BUCKIE
AB56 5RH
AB56 5RH
United Kingdom
864206
Portgordon
339629
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Pre-Application Discussion
Have you discussed your proposal with the planning authority? *  Yes  No
Pre-Application Discussion Details Cont.
In what format was the feedback given? *
 Meeting  Telephone  Letter  Email
Please provide a description of the feedback you were given and the name of the officer who provided this feedback. If a processing
agreement [note 1] is currently in place or if you are currently discussing a processing agreement with the planning authority, please
provide details of this. (This will help the authority to deal with this application more efficiently.) * (max 500 characters)
Title: Other title:
First Name: Last Name:
Correspondence Reference Date (dd/mm/yyyy):
Number:
Note 1. A Processing agreement involves setting out the key stages involved in determining a planning application, identifying what
information is required and from whom and setting timescales for the delivery of various stages of the process.
Site Area
Please state the site area:
Please state the measurement type used:  Hectares (ha)  Square Metres (sq.m)
Existing Use
Please describe the current or most recent use: *  (Max 500 characters)
Access and Parking
Are you proposing a new altered vehicle access to or from a public road? *  Yes  No
If Yes please describe and show on your drawings the position of any existing. Altered or new access points, highlighting the changes
you propose to make. You should also show existing footpaths and note if there will be any impact on these.
Are you proposing any change to public paths, public rights of way or affecting any public right of access? *  Yes  No
If Yes please show on your drawings the position of any affected areas highlighting the changes you propose to make, including
arrangements for continuing or alternative public access.
Liaison with Moray Council Planning Department on previous applications, reference numbers, 22/00905/APP and 23/00695/APP
161.70
Open land
Ms
Fiona
23/00695/APP
Olsen
08/06/2023
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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
Do your proposals make provision for sustainable drainage of surface water?? *  Yes  No
(e.g. SUDS arrangements) *
Note:-
Please include details of SUDS arrangements on your plans
Selecting ‘No’ to the above question means that you could be in breach of Environmental legislation.
Are you proposing to connect to the public water supply network? *
 Yes
 No, using a private water supply
 No connection required
If No, using a private water supply, please show on plans the supply and all works needed to provide it (on or off site).
Assessment of Flood Risk
Is the site within an area of known risk of flooding? *  Yes  No  Don’t Know
If the site is within an area of known risk of flooding you may need to submit a Flood Risk Assessment before your application can be
determined. You may wish to contact your Planning Authority or SEPA for advice on what information may be required.
Do you think your proposal may increase the flood risk elsewhere? *  Yes  No  Don’t Know
Trees
Are there any trees on or adjacent to the application site? *  Yes  No
If Yes, please mark on your drawings any trees, known protected trees and their canopy spread close to the proposal site and indicate if
any are to be cut back or felled.
Waste Storage and Collection
Do the plans incorporate areas to store and aid the collection of waste (including recycling)? *  Yes  No
If Yes or No, please provide further details: * (Max 500 characters)
Residential Units Including Conversion
Does your proposal include new or additional houses and/or flats? *  Yes  No
0
All garden waste will be composted on site
0
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All Types of Non Housing Development – Proposed New Floorspace
Does your proposal alter or create non-residential floorspace? *  Yes  No
Schedule 3 Development
Does the proposal involve a form of development listed in Schedule 3 of the Town and Country  Yes  No  Don’t Know
Planning (Development Management Procedure (Scotland) Regulations 2013 *
If yes, your proposal will additionally have to be advertised in a newspaper circulating in the area of the development. Your planning
authority will do this on your behalf but will charge you a fee. Please check the planning authority’s website for advice on the additional
fee and add this to your planning fee.
If you are unsure whether your proposal involves a form of development listed in Schedule 3, please check the Help Text and Guidance
notes before contacting your planning authority.
Planning Service Employee/Elected Member Interest
Is the applicant, or the applicant’s spouse/partner, either a member of staff within the planning service or an  Yes  No
elected member of the planning authority? *
Certificates and Notices
CERTIFICATE AND NOTICE UNDER REGULATION 15 – TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT
PROCEDURE) (SCOTLAND) REGULATION 2013
One Certificate must be completed and submitted along with the application form. This is most usually Certificate A, Form 1,
Certificate B, Certificate C or Certificate E.
Are you/the applicant the sole owner of ALL the land? *  Yes  No
Is any of the land part of an agricultural holding? *  Yes  No
Are you able to identify and give appropriate notice to ALL the other owners? *  Yes  No
Certificate Required
The following Land Ownership Certificate is required to complete this section of the proposal:
Certificate B
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Land Ownership Certificate
Certificate and Notice under Regulation 15 of the Town and Country Planning (Development Management Procedure) (Scotland)
Regulations 2013
I hereby certify that
(1) - No person other than myself/the applicant was an owner [Note 4] 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;
or –
(1) - I have/The Applicant has served notice on every person other than myself/the applicant who, at the beginning of the period of 21
days ending with the date of the accompanying application was owner [Note 4] of any part of the land to which the application relates.
Name:
Address:
Date of Service of Notice: *
(2) - None of the land to which the application relates constitutes or forms part of an agricultural holding;
or –
(2) - The land or part of the land to which the application relates constitutes or forms part of an agricultural holding and I have/the
applicant has served notice on every person other than myself/himself who, at the beginning of the period of 21 days ending with the
date of the accompanying application was an agricultural tenant.  These persons are:
Name:
Address:
Date of Service of Notice: *
Signed: Mrs Audrey Murray
On behalf of:
Date: 23/06/2023
 Please tick here to certify this Certificate. *
The Moray Council The Moray Council The Moray Council
The Moray CouncilPOBox6760, PO Box 6760, Elgin, IV30 1BX
25/05/2022
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Checklist – Application for Planning Permission
Town and Country Planning (Scotland) Act 1997
The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013
Please take a few moments to complete the following checklist in order to ensure that you have provided all the necessary information
in support of your application. Failure to submit sufficient information with your application may result in your application being deemed
invalid. The planning authority will not start processing your application until it is valid.
a) If this is a further application where there is a variation of conditions attached to a previous consent, have you provided a statement to
that effect? *
 Yes  No  Not applicable to this application
b) If this is an application for planning permission or planning permission in principal where there is a crown interest in the land, have
you provided a statement to that effect? *
 Yes  No  Not applicable to this application
c) If this is an application for planning permission, planning permission in principle or a further application and the application is for
development belonging to the categories of national or major development (other than one under Section 42 of the planning Act), have
you provided a Pre-Application Consultation Report? *
 Yes  No  Not applicable to this application
Town and Country Planning (Scotland) Act 1997
The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013
d) If this is an application for planning permission and the application relates to development belonging to the categories of national or
major developments and you do not benefit from exemption under Regulation 13 of The Town and Country Planning (Development
Management Procedure) (Scotland) Regulations 2013, have you provided a Design and Access Statement? *
 Yes  No  Not applicable to this application
e) If this is an application for planning permission and relates to development belonging to the category of local developments (subject
to regulation 13. (2) and (3) of the Development Management Procedure (Scotland) Regulations 2013) have you provided a Design
Statement? *
 Yes  No  Not applicable to this application
f) If your application relates to installation of an antenna to be employed in an electronic communication network, have you provided an
ICNIRP Declaration? *
 Yes  No  Not applicable to this application
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)
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Provide copies of the following documents if applicable:
A copy of an Environmental Statement. *  Yes  N/A
A Design Statement or Design and Access Statement. *  Yes  N/A
A Flood Risk Assessment. *  Yes  N/A
A Drainage Impact Assessment (including proposals for Sustainable Drainage Systems). *  Yes  N/A
Drainage/SUDS layout. *  Yes  N/A
A Transport Assessment or Travel Plan  Yes  N/A
Contaminated Land Assessment. *  Yes  N/A
Habitat Survey. *  Yes  N/A
A Processing Agreement. *  Yes  N/A
Other Statements (please specify). (Max 500 characters)
Declare – For Application to Planning Authority
I, the applicant/agent certify that this is an application to the planning authority as described in this form. The accompanying
Plans/drawings and additional information are provided as a part of this application.
Declaration Name: Mrs Audrey Murray
Declaration Date: 23/06/2023
Payment Details
Online payment: 023122
Payment date: 23/06/2023 14:19:59
Created: 23/06/2023 14:20
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Applicants Statement to Support the Planning Application for the change of
use of the ground adjacent to 2 Duke Street Portgordon
Audrey and Derek Murray, 2 Duke Street, Portgordon, AB56 5RH
We would be grateful if the history of the area of ground at the side of our house could be
considered as part of our planning application as it has not always been a green corridor area.
The land is currently owned by The Moray Council whose Estates Department have agreed to the
sale, confirmed in May 2022.
Prior to 1977, the area had long been used as a private yard for industrial/commercial purposes (as
noted from photographic records), leased by the Crown Estate Commissioners to a tenant.  There
had also been a building on the site.
In 1978 and then in 1979 the railway line to the west and then the east of the site was purchased by
Moray District Council for the specific purpose of providing amenity areas such as a play park,
bowling green and country type walks.
The land at Duke Street immediately west of No 2 was purchased by Grampian Regional Council
Roads Department from The Crown Estate Commissioners in January 1977 for the specific purposes
of constructing a road improvement, linked to the removal of the existing railway bridge.   
Following our approach to Moray Council’s Estates team in 2021, there was subsequent consultation
and site meetings with Moray Council Roads Service who confirmed that on the basis that the
existing substandard footway was rerouted at our expense and that visibility was maintained at the
junction, Roads were prepared to declare the area was surplus to their requirements.
Following the land sale consultation phase, in their letter dated 25-05-2022, the Estates Team
agreed to the sale of the land subject to planning permission.
It is appreciated that in the 2020 Local Plan, both the railway line and the grassed area west of 2
Duke Street are categorised as an ‘ENV5 Green Corridor’ area.  However, while it is recognised that
land use can change over time, the land purchased by the Roads Department in 1977 was not
purchased specifically for amenity value.  Indeed, during 2019 and 2020 due to financial constraints,
Moray Council took the decision to stop cutting the grass in this area and, had it not been for our
intervention in maintaining part of the area ourselves over this 2-year period, the area would have
been left to grow wild, with no apparent alternative maintenance plan in place.   This indicates to us
that the area was not considered to be of high public amenity value and undermines the case for
protection under the local plan.
The Moray Council’s “ Moray Food Growing Strategy 2020 “ guidance document, developed to
support the Moray Local Development Plan 2020, aims to ensure that there are more opportunities
for people who would like to grow their own food.  They recommend a variety of food growing
spaces and many communal open spaces have been identified within this document as potential
food growing sites.
There is a community garden in Portgordon at which we volunteer, but there is no allotment
provision and at the moment there does not seem to be a plan to provide this in our area.  The
purchase of the land next to our house would allow us to grow the fruit and vegetables to sustain
our family and also to have the space to compost our garden waste and some of the household
waste as well as the positive impact the garden would have on our mental health and that of our
visiting friends and family.
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Applicants Statement to Support the Planning Application for the change of
use of the ground adjacent to 2 Duke Street Portgordon
Audrey and Derek Murray, 2 Duke Street, Portgordon, AB56 5RH
We feel passionately about increasing the biodiversity of the area and this space would give us the
opportunity to increase the area for birdlife, insects, bees, and amphibians which are all present in
our existing small garden.  We envisage using a variety of plants and flowers as well as creating small
habitat areas for these creatures.   The Moray Food Growing Strategy states as one of its actions to
prepare and demonstrate how food growing can be integrated into green and blue networks to
support biodiversity enhancement as well as to deliver allotment sites and food growing areas.
We noted the previous concerns of the Planning Department about the re-routed path impacting on
the tree roots and have since commissioned an Arborist to complete a tree survey and report.   The
option of rerouting the path between the trees using a whin dust construction would support the
requirement to protect the trees.
There were no objections to the previous planning application, (22/00905/APP), from neighbours, or
the Hall Committee and we do have local support to see the ground used to grow food and increase
the biodiversity of this area.  We have been given compliments for 26 years now from villagers
appreciating the floral display we have maintained at the side of our house and have shown our
commitment to maintaining this area.
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TREE SURVEY REPORT 
PROPOSED CHANGE OF LAND USE AT 
2 DUKE STREET 
PORTGORDON
MORAY 
March 2023 
Prepared by: 
Struan Dalgleish Arboriculture
The Bothy
Drumoak
Aberdeenshire 
AB31 5EP 
struan@sdarbor.com
For: 
Derek and Audrey Murray
2 Duke Street 
Portgordon
Moray
AB56 5RH 
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Tree Survey Report                                      2 Duke Street, Portgordon                            March 2023
Struan Dalgleish Arboriculture  2 
Contents 
Section Title Page No. 
1.0 
1.1 
INTRODUCTION 
Limitations 
3
4
2.0 TREE SURVEY METHODOLOGY  5 
3.0 
3.1
3.2
3.3 
TREE SURVEY RESULTS 
General Description
Tree Condition and Preliminary Recommendations
Photographs 
5
5
6
6
4.0 
4.1
4.2
4.3
4.4
TREES AND DEVELOPMENT 
Tree Retention Category
Root Protection Area
Arboricultural Impact Assessment and Tree Protection Plan
New Tree Planting 
7
7
8
8
10 
APPENDIX 1 – Tree Survey Drawing 
APPENDIX 2 – Tree Survey Schedule 
Explanation of terms 
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Tree Survey Report                                      2 Duke Street, Portgordon                            March 2023
Struan Dalgleish Arboriculture  3
1.0 INTRODUCTION 
This tree survey and report relates to two (2) trees which occur within an area of public
green space adjacent to the property at 2 Duke Street, Portgordon, Moray. 
It was commissioned by the Derek and Audrey Murray, owners and occupiers of 2 Duke
Street in support of Planning Application 22/00905/APP, to change the land use to private
garden. 
The survey and assessment has been carried out in-accordance with BS5837:2012 ‘Trees
in relation to design, demolition and construction – Recommendations’ and sets out to
achieve the following objectives. 
1. To provide details of trees in close proximity to the planning application area. 
2. To assess the impact the required re-alignment of the footpath and installation of new
fence would have on the trees. 
3. To make recommendations for tree management in light of the proposals. 
The area to be included by the survey was indicated on a sketched site drawing, showing
the proposed location of the re-aligned path and new garden fence.   
Trees in close proximity were subject to detailed visual inspection undertaken from ground
level by Arboricultural Consultant, Struan Dalgleish on 10th March 2023. Weather conditions
at the time were dull and overcast with a thin layer of snow on the ground. 
Tree numbers, trunk positions, crown spreads, and root protection areas have been added
to the drawing using CAD. See Appendix 1 – Tree Survey Drawing. 
Details of the trees and recommendations for their management have been recorded in
spreadsheet format in Appendix 2 - Tree Survey Schedule.   
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Tree Survey Report                                      2 Duke Street, Portgordon                            March 2023
Struan Dalgleish Arboriculture  4
Author’s qualifications: Struan Dalgleish is a Chartered Forester (MICFor) and Chartered
Environmentalist (CEnv). He holds an Honours Degree in Forestry and is a Professional
Member of the Arboricultural Association. He has over 23 years of experience of
arboriculture at a professional level. 
1.1 Limitations 
❑ The findings and recommendations contained within this report are valid for a period of twelve
months from the date of survey (i.e. until 10th March 2024). Trees are living organisms subject
to change and it is strongly recommended that they are inspected on an annual basis for
reasons of safety. 
❑ The recommendations relate to the site as it exists at present, and to the current level and
pattern of land use. The degree of risk and hazard may alter if the site or its surroundings are
developed or changed, and as such re-inspection and re-appraisal may be required. 
❑ The report relates only to those trees shown on the attached Tree Survey Drawing in
Appendix 1. Trees elsewhere have not been inspected. 
❑ Whilst every effort has been made to detect defects within the trees inspected, no
guarantee can be given as to the absolute safety or otherwise of any individual tree.
Extreme climatic conditions can cause damage to even apparently healthy trees. 
❑ Dense ivy, shrubs and epicormic shoot growth around the base of trees can make full and
thorough inspection impractical. Tree assessment is based on the visible parts of the trees
only. Further inspection maybe required following the cutting back of basal growth. 
❑ This report has been prepared for the sole use of Derek and Audrey Murray and their
appointed agents. Any third party referring to this report or relying on the information
contained herein does so entirely at their own risk. 
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Tree Survey Report                                      2 Duke Street, Portgordon                            March 2023
Struan Dalgleish Arboriculture  5
2.0   TREE SURVEY METHODOLOGY 
The trees are easily identifiable and have not been tagged. They are numbered 1 and 2 on
the Tree Survey Drawing and Schedule. 
Trunk positions were measured on site with a 30m tape have been plotted onto the
supplied site drawing, which has been digitized using CAD. While a reasonable degree of
accuracy can be assumed, absolute precision cannot be guaranteed. Where a higher
degree of accuracy is necessary trees and existing site features should be plotted by a
topographical surveyor. 
Crown spread, measured to the nearest 0.5m, and Root Protection Areas (RPA’s),
calculated in-accordance with BS 5837:2012 have been added to the drawing. 
An assessment of the impact the proposed path and fence would have on the trees has
been made. Tree work to accommodate construction and tree protection measures require
during the process are identified.   
3.0   TREE SURVEY RESULTS 
3.1 General Description 
The two semi-mature trees occur 2.6m apart, measured to trunk centres, on an area of flat
and level mown grass which adjoins the gable-end of the house at 2 Duke Street. 
The larger tree, a sycamore (Acer pseudoplatanus) is in good condition with a well-formed
spreading crown. It is of healthy vigour and a small wound on the lower trunk, which has
closed. The base of the trunk occurs 11.3m from the property wall to the east, 7.8m from
the road to the north and 6.7m from the road to the west. 
The smaller tree, a rowan (Sorbus aucuparia) is considered to be in fair condition. It
displays a restricted spread, lower branches have been pruned and has a small wound,
probably caused by mowing or strimming at the base. The base of the trunk occurs 14m
from the house wall to the east, 8.1m from the road to the north and 4.1m from the road to
the west.   
The area of land is currently owned and managed by Moray Council. 
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Tree Survey Report                                      2 Duke Street, Portgordon                            March 2023
Struan Dalgleish Arboriculture  6
3.2 Tree Condition and Preliminary Recommendations 
No significant issues relating to the health and condition of the trees were noted and no
essential preliminary tree work is required for reasons of safety. 
The trees occur within a frequently accessed area and should be subject to routine
inspection. It is recommended this is carried out by a suitably qualified and experienced
arborist. on a 5-yearly period 
Additional inspections may be required in the aftermath of severe storms. 
3.3 Photographs 
The photographs below show the trees at the time of assessment. 
Photo 1 – Trees in proximity of 2 Duke Street. 
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Tree Survey Report                                      2 Duke Street, Portgordon                            March 2023
Struan Dalgleish Arboriculture  7 
Photo 2 – Taller semi-mature sycamore and smaller rowan. 
4.0    TREES AND DEVELOPMENT 
To help inform the development process the trees have been provided with a retention
category and root protection area (RPA) in-accordance with BS 5837:2012 ‘Trees in
relation to design, demolition and construction – recommendations’. 
4.1 Tree Retention Category 
Retention category is intended to give an indication of the value of the tree and its suitability
for retention within the development context. 
It grades the trees in terms of quality and takes account of health, condition, and future life
expectancy. 
Small or relatively young trees may receive a lower grading where they could be easily
replaced. 
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Tree Survey Report                                      2 Duke Street, Portgordon                            March 2023
Struan Dalgleish Arboriculture  8
Trees with a Category A grading are of highest quality and value and often have a life
expectancy of +40 years. 
Trees with a Category B grading are of moderate quality and value and often have life
expectancy of +20 years. 
Trees with a Category C grading are of low quality and value either due to their poor condition
and limited life expectancy, or relatively young age. 
Where trees are considered to have a <10 years’ life expectancy they have been graded
Category U and could be removed for reasons of good arboricultural practice. 
4.2 Root Protection Areas 
Root Protection Areas (RPA’s) are areas surrounding the tree that contains sufficient rooting
volume to ensure its survival. 
These have been calculated in-accordance with BS 5837:2012 and are shown as a dark
circle around the trunk position as shown on the Tree Survey Drawing. 
RPA’s have also been provided in the Tree Survey Schedule as the radius of a circle to be
measured from the base of the trunk. 
Where trees have grown-up next to physical barriers such as very hard compacted soils,
deep foundations or water courses the development of roots may have been restricted. 
The default position of BS 5837:2012 is that where tree health is to be protected new
structures should be located outside the RPA. 
4.3 Arboricultural Impact Assessment and Tree Protection Plan 
The proposed site layout drawing has been used to assess the impact the construction would
have on trees and the following comments made. 
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Tree Survey Report                                      2 Duke Street, Portgordon                            March 2023
Struan Dalgleish Arboriculture  9
1) Impact of New Footpath on Roots 
The proposed footpath, in the location shown on the drawing is to be constructed around
1m from the base of Tree 2, the rowan. 
This appears likely to impact around 13% of the calculated Root Protection Area (RPA). 
This relatively small incursion is likely to have a fairly minor impact on tree health,
although it is possible the life expectancy will be reduced as a result of the work.   
The tree is considered to be Category C – of low quality and value and of limited life
expectancy. 
It could be retained, and its condition monitored. 
Replacement planting of 2 new rowan trees should be established nearby to mitigate for
the impacts.   
The base of Tree 1, the sycamore will be approximately 3.7m from the footpath and
unlikely to be significantly impacted by the construction of the footpath. 
2) Tree Protection Barrier 
During construction a temporary Tree Protection Barrier should be erected to protect the
undisturbed rooting area, trunk and branches of the trees. 
The proposed layout of the Tree Protection Barrier is shown on the Tree Survey Drawing
in Appendix 1. 
A suitable Tree Protection Barrier could be constructed as illustrated over-page.   
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Tree Survey Report                                      2 Duke Street, Portgordon                            March 2023
Struan Dalgleish Arboriculture  10 
Figure 1 – BS 5837:2012 Tree Protection Barrier 
3) Impact of New Fence 
The new fence proposed is to be 1.2m tall and will be constructed beneath the canopy of
the sycamore without the need for pruning. 
To minimize the new fences impact on tree roots, excavation and the use of cement within
the rooting area should be avoided. 
Within the RPA fence posts should be supported on metal spiked feet driven into the
ground. 
4.4 New Tree Planting 
There is significant scope within the area to establish new tree(s) to mitigate the impact re-
aligning the footpath has on the rowan tree. 
Trees of small to medium mature size would be best suited to the built-up area. 
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Tree Survey Report                                      2 Duke Street, Portgordon                            March 2023
Struan Dalgleish Arboriculture  11 
The planting of 2 rowan (Sorbus aucuparia) trees at locations identified on the Tree Survey
Drawing is suggested. 
The trees should be well suited to the site conditions and as native species will bring
biodiversity benefits in the long term. 
Tree planting should be carried out by a competent person on completion of the construction
of the footpath. 
Planting should be undertaken in a period of frost-free weather during the dormant season
(October to March). 
Young trees should be obtained from a local nursery as healthy 1.5m tall, light-standards. 
The newly planted trees may require to be supported with a stake and where grazing rabbits
maybe an issue suitable tree protection will be required. 
Prior to digging a planting hole turf should be stripped from a 1m diameter circular planting
area. 
On completion of planting this area should be mulched with well composted wood chips to
help retain soil moisture and provide organic material to encourage the establishment of the
trees. 
Mulch should be topped up annually and the mulched area kept weed free until the trees are
well established. 
Additional watering will be required during periods of drought. 
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Tree Survey Report 2 Duke Street, Portgordon March 2023
Struan Dalgleish Arboriculture 12
APPENDIX 1 – TREE SURVEY DRAWING
Key – Scale: 1:125 at A4
Tree to be retained.
Root Protection Area (RPA) calculated in accordance with BS 5837
Location of proposed new tree planting
BS 5837: 2012 Tree Category Grading Colour Coding
Category A tree - High quality and value: considered to make a substantial contribution (+40    
years).
Category B tree - Moderate quality and value: considered to make a significant contribution
(minimum of 20 years).
Category C tree - Low quality and value: currently in adequate condition to remain until new    
planting could be established (minimum of 10 years), or young trees with a diameter
<150mm.
Category U tree - Any existing value would be lost within 10 years and which should, in the
current context could be removed for reasons of sound arboricultural management.
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Tree Survey Report                                      2 Duke Street, Portgordon                            March 2023
Struan Dalgleish Arboriculture  13
APPENDIX 2 – TREE SURVEY SCHEDULE 
Explanation of Tree Survey Schedule Terms 
Tree No. 
Species 
Ht. (m) 
Dia. (mm) 
Crown Spread (m) 
Ht. Cl. (m) 
Age class 
Condition 
Comments 
Life Exp. (yrs) 
Retention Category 
RPA radius (m) 
Recommendation 
Identification number of tree as shown on drawing and schedule. 
Common name of species. 
Height of tree assessed in metres 
Diameter at breast height, measured in millimetres at 1.5m. 
Spread of branches from centre of trunk to drip line in N, E, S and W
directions. 
Minimum crown clearance above ground level, estimated in meters. 
Young, semi-mature, mature, veteran. 
Overall physiological and structural condition: Good, fair, poor, dead. See
explanation over page. 
General comments, made as required, relating to health, structural
condition and form, highlighting any defects or areas of concern. 
Estimated remaining contribution, estimated in years e.g. <10, 10-20, 20-
40, +40. 
BS 5837 category grading: Tree quality assessment – see explanation
over page. 
Root Protection Radius calculated in accordance with BS 5837:2012 
Tree work in the interest of good arboricultural management or to
accommodate the development. 
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Tree Survey Report                                      2 Duke Street, Portgordon                            March 2023
Struan Dalgleish Arboriculture  14
Tree Condition Categories 
Good 
Fair 
Poor 
Dead 
(1) Healthy trees with no major defects 
(2) Trees with a considerable life expectancy 
(3) Trees of good shape and form 
(1) Healthy trees with small or easily remedied defects 
(2) Trees with a shorter life expectancy 
(3) Trees of reasonable shape and form 
(1) Trees with significant structural defects and/or decay 
(2) Trees of low vigour and under stress 
(3) Trees with a limited life expectancy 
(4) Trees of inferior shape and form 
(1) Dead trees 
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Tree Survey Report                                      2 Duke Street, Portgordon                            March 2023
Struan Dalgleish Arboriculture  15 
Category Grading 
Categories for tree quality assessment, based on guidance given in British Standard BS 5837: 2012 ‘Trees in
relation to design, demolition and construction – Recommendations 
Trees unsuitable for retention (see Note) 
Trees to be considered for retention 
Category and
definition
Criteria – Subcategories 
Category A 
High quality and
value with an
estimated life
expectancy of at least
40 years. 
Category B 
Moderate quality and
value with an
estimated life
expectancy of at least
20 years. 
Category C 
Low quality and value
with an estimated life
expectancy of at least
10 years, or young
trees with a diameter
<150mm. 
1
Mainly arboricultural values 
Particularly good example of
their species, especially if rare
or unusual; or those that are
essential components of
formal or semi-formal
arboricultural feature (e.g.
principle trees in avenues) 
Trees that might be in category
A, but are downgraded
because of impaired condition
(e.g. presence of significant
though remediable defects,
including unsympathetic past
management or storm
damage), such that they are
unlikely to be suitable for
retention for beyond 40 years;
or trees lacking the special
quality necessary to merit the
category A designation. 
Unremarkable trees of very
limited merit or such impaired
condition that they do not
qualify in higher categories. 
2
Mainly landscape values 
Trees, groups or woodlands
of particular visual
importance as arboricultural
and/or landscape features. 
Trees present in numbers,
usually growing as groups or
woodlands, such that they
attract a higher collective
rating than they might as
individuals; or trees
occurring as collectives but
situated so as to make little
visual contribution to the
wider locality. 
Trees present in groups or
woodlands, but without this
conferring on them
significantly greater
landscape value, and/or
trees offering low or only
temporary/transient
landscape benefit. 
3
Mainly cultural
values, including
conservation 
Trees, groups or
woodlands
of significant
conservation,
historical,
commemorative or
other value (e.g.
veteran
trees or wood-
pasture). 
Trees with material
conservation or other
cultural value. 
Trees with no
material
conservation or other
cultural value. 
Category and definition Criteria – Subcategories 
Category U 
Those in such a condition
that they cannot realistically
be retained as living trees in
the context of the current
land use for longer than
10 years 
Trees that have a serious, irremediable, structural defect, such that their early
loss is expected due to collapse, including those that will become unviable
after removal of other category U trees (e.g. where, for whatever
reason, the loss of companion shelter cannot be mitigated by pruning) 
Trees that are dead or are showing signs of significant, immediate, and
irreversible overall decline 
Trees infected with pathogens of significance to the health and/or safety of
other trees nearby, or very low quality trees suppressing adjacent trees of
better quality 
NOTE Category U trees can have existing or potential conservation value
which it might be desirable to preserve. 
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Page 134

Page 135

BS 5837:2012 Tree Survey Schedule
2 Duke Street, Portgordon, Moray
N
E
S
W
1
Sycamore
9
300
3
4
4
4
3
Semi
mature
Good
Well formed. Old wound on lower trunk has closed.
40+yrs
B
3.6
1.2m
tall fence to be erected beneath canopy. Within the RPA,
fence posts should supported by spiked metal bases driven into
the ground to avoid the need for excavation and cement.
2
Rowan
6
120:
120
0.5
1
2
2
3
Semi
mature
Fair
Restricted spread from
fork near base. Small wound at
base.
10-
20yrs
C
2
Formation of proposed path would impact around 13%
of the
rooting area. This relatively small incursion is likely to have a
fairly minor impact on the health of the tree in the short term.
Its condition should be monitored. New
planting of 2 rowans
would be provided to mitigate the impact.  
Ht. Cl.
(m)
Tree
No.
Species
Ht.
(m)
Dia.
(mm)
Crown Spread (m)
Recommendations
Age Class
Condition
Comments
Life
Exp.
Retention
Category
Root
Protection
Radius (m)
Struan Dalgleish Arboriculture
1
10th March 2023
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Page 137

Date: 08/06/11
Scale: Not to scale
Drawn by: Technical Officer 
W
hin Dust Path (Semi Tray Excavation)
Standard Detail 
Drawing nr: SD/W
DP/02 
This standard detail is indicative only and not intended to be relied upon in specific site cases. A
designer should satisfy themselves of site conditions and vary
details and dimensions to suit. Paths for All accept no liability for any inaccuracies or for any loss, expense, damage or injury or accident arising from
the use or
application of information contained here in.
Construction notes:
1.
Stripped turfs and excavated soil to be re-used to form
verges and stabilise path edges.
2.
Lay path base and surface with drag box if available.
3.
Path base and surface to be laid to maximum
1:40 (2.5%) cross fall or minimum
1:50 (2%) camber and compacted to refusal using heavy vibrating roller
(minimum
120 type roller recommended).
4.
Surface regularity - maximum
10mm
gap under 3.0 metre straight edge placed along the base surface and maximum
5mm
gap for path surface.
5.
Soft spots to be excavated and filled with lower quality sub base e.g. scalpings, crusher run, crushed demolition waste.
6.
This drawing should be read in conjunction with specification details SPEC/W
DP/02. Granular sub base to be produced according to SHW
Clause 803. 
1500 – 3000mm
Original ground level
Path base: 150mm
depth DTp Type 1 granular sub
base laid and compacted to maximum
1:40 (2.5%)
cross fall or minimum
1:50 (2%) camber. Optional
base: 100mm
depth scalpings, road planings or
crusher run with 50mm
depth Type 1 granular sub
base or similar quality recycled granular sub base
Geotextile sheet
(Install geogrid on top of geotextile
sheet if formation level is soft)
Verges built up level with
finished path surface. Note:
path surface to be minimum
75mm
above existing ground
levels
150mm
150mm
Path surface: 25mm
depth 6mm
to dust (0/6) quarry whinstone surfacing laid and
compacted to maximum
1:40 (2.5%) cross fall or minimum
1:50 (2%) camber
Maximum
tray excavation depth: 50mm
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Created by Paths for All/Technical Officer/08.06.11
SPECIFICATION DETAILS – SPEC/WDP/02 
Whin Dust Path
Note: These specification details should be read in conjunction with standard detail drawing
SD/WDP/02 – Whin Dust Path (Semi Tray Excavation). 
Material Specification Details 
Sub base
layer
40mm (0/40) or 20mm (0/20) DTp Type 1 granular sub base.
Optional base: scalpings, road planings, crusher run or
crushed demolition waste with DTp Type 1 granular sub base
or similar quality recycled granular sub base laid on top
Surface layer 6mm (0/6) quarry whin dust
Geotextile
(If required)
Autoway 120 or alternative equivalent product grade (Terram
2000, Lotrak 16/15)
Geogrid
(If required) Auto Grid 
Construction Specification Details 
Formation tray excavation
• Excavate the ground to expose sub soil and grade out irregularities to form
1.8m wide formation tray (width of formation tray for 1.8m wide path base
with 1.5m wide path surface) to maximum depth of 50mm below ground
levels.
• Formation tray should be rectangular in section with vertical sides and
level base.
• Stripped vegetation and excavated topsoil to be stacked neatly either side
of formation tray to form raised path shoulders.
• If soft spots are present, excavate the area below formation level until the
sub grade is stable. Back fill with scalpings, crusher run or crushed
demolition waste to formation level and compact to refusal. 
Geotextile sheet installation (including geogrid if required)
• Lay and secure geotextile sheet in formation tray. Geotextile sheet should
line the base and both sides. Overlap joining sheets by 1.0m.
• Lay and secure geogrid on top of geotextile sheet. Geogrid should not
protrude up the sides of the formation tray. Overlap joining sheets by
1.0m. 
Sub base layer
• Using a drag box lay 150mm depth of DTp Type 1 granular sub base upon
the geotextile sheet in the formation tray to falls and levels, to form 1:50
(2%) camber or 1:40 (2.5%) crossfall. If no drag box is available, DTp
Type 1 granular sub base should be laid, spread and raked to falls and
levels using asphalt rake.
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Page 139

Created by Paths for All/Technical Officer/08.06.11
• Compact sub base layer thoroughly to refusal using a heavy ride-on
tandem vibrating roller until full compaction is achieved (minimum 120 type
roller recommended).
• Once sub base layer is compacted, check levels of the surface at regular
intervals along the compacted sub base layer for consistent even surface
regularity, which should be accurate to maximum gap of 10mm under a
3metere long straight edge, with no high or low points or hollows.
• Any part of the sub base layer deviating from the required level must be
raked off or topped up with additional DTp Type 1 granular sub base and
re-compacted to the correct levels.
• Check the finished compacted sub base layer is closed tightly with no
exposed surface voids before laying the surface layer. If necessary, fill any
voids with 6mm quarry whin dust. 
Surface layer
• Using drag box lay 25mm depth of 6mm quarry whin dust to falls and
levels, to form 1.5m wide path surface with 1:50 (2%) camber or 1:40
(2.5%) crossfall along the centre line of compacted sub base layer. If no
drag box is available, 6mm quarry whin dust should be laid, spread and
raked to falls and levels using asphalt rake.
• Compact surface layer thoroughly to refusal using a heavy ride-on tandem
vibrating roller and continue rolling non-stop until there is no roller marks in
the finished surface (minimum 120 type roller recommended).
• Once rolling is finished, check levels of the surface at regular intervals
along the compacted surface layer for consistent even surface regularity,
which should be accurate to maximum gap of 5mm under a 3metere long
straight edge, with no high or low points or hollows.
• Any part of the surface layer deviating from the required level must be
raked off or topped up with additional 6mm quarry whin dust and re-
compacted to the correct levels. 
Landscaping
• Both sides of path form and build up verges level with path surface using
available topsoil and turfs to cover path base edges and to support path
surface edges. Butt turfs tightly together to cover exposed roots and
topsoil. 
• Landscaped verges and edges should be finished level with path surface
and taper down and away from the path surface to allow surface water to
run off onto adjacent verges unimpeded by landscaped materials.
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Page 141

Consultation Request Notification 
Planning Authority Name Moray Council
Response Date  10th July 2023
Planning Authority
Reference
23/01062/APP
Nature of Proposal
(Description)
Change the use of open land to private garden at
Site 2 Duke Street
Portgordon
Buckie
Moray
AB56 5RH 
Site Postcode N/A
Site Gazetteer UPRN 000133029785
Proposal Location Easting 339629
Proposal Location Northing 864206
Area of application site (M2) 162
Additional Comment 
Development Hierarchy
Level
LOCAL
Supporting Documentation
URL
https://publicaccess.moray.gov.uk/eplanning/ce
ntralDistribution.do?caseType=Application&ke
yVal=RWUJE1BGHFE00
Previous Application 22/00905/APP
23/00695/APP 
Date of Consultation 26th June 2023
Is this a re-consultation of
an existing application?
No
Applicant Name Mrs Audrey Murray
Applicant Organisation
Name 
Applicant Address 2 Duke Street
Portgordon
Buckie
Moray
AB56 5RH 
Agent Name 
Agent Organisation Name 
Agent Address 
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
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
Page 141

Page 142

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 142

Page 143

MORAY COUNCIL 
PLANNING CONSULTATION RESPONSE 
From:   Estates, Central Services 
Planning Application Ref. No: 23/01062/APP
Change the use of open land to private garden at 2 Duke Street Portgordon Buckie Moray
for Mrs Audrey Murray 
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 
X
(c) I have NO OBJECTIONS to the application subject to condition(s) and/or
comment(s) about the proposal as set out below   

(d) Further information is required in order to consider the application as set out
below 

Reason(s) for objection 
Condition(s) 
Further comment(s) to be passed to applicant 
Further information required to consider the application 
Contact: Cameron Queen Date…26 June 2023………………..
email address: cameron.queen@moray.gov.uk Phone No  …07855146198………..
Consultee: MC Estates 
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Page 144

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 144

Page 145

Consultation Request Notification 
Planning Authority Name Moray Council
Response Date  10th July 2023
Planning Authority
Reference
23/01062/APP
Nature of Proposal
(Description)
Change the use of open land to private garden at
Site 2 Duke Street
Portgordon
Buckie
Moray
AB56 5RH 
Site Postcode N/A
Site Gazetteer UPRN 000133029785
Proposal Location Easting 339629
Proposal Location Northing 864206
Area of application site (M2) 162
Additional Comment 
Development Hierarchy
Level
LOCAL
Supporting Documentation
URL
https://publicaccess.moray.gov.uk/eplanning/ce
ntralDistribution.do?caseType=Application&ke
yVal=RWUJE1BGHFE00
Previous Application 22/00905/APP
23/00695/APP 
Date of Consultation 26th June 2023
Is this a re-consultation of
an existing application?
No
Applicant Name Mrs Audrey Murray
Applicant Organisation
Name 
Applicant Address 2 Duke Street
Portgordon
Buckie
Moray
AB56 5RH 
Agent Name 
Agent Organisation Name 
Agent Address 
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
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
Page 145

Page 146

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 146

Page 147

MORAY COUNCIL 
PLANNING CONSULTATION RESPONSE 
From:   Transportation Manager 
Planning Application Ref. No: 23/01062/APP
Change the use of open land to private garden at 2 Duke Street Portgordon Buckie Moray
for Mrs Audrey Murray 
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. Prior to the erection of the new site boundary a replacement 1.2m wide footpath shall
be constructed in accordance with the agreed specification at the location shown on
‘Site Plan’ drawing submitted 29 June 2023. Note – the footpath shall remain private
and shall not be adopted by the Roads Authority. 
Reason: To ensure acceptable development in the interests of road safety. 
2. New boundary walls/fences fronting onto Duke Street shall be set back from the edge
of the public carriageway at a minimum distance of 2.0m. 
Reason: To ensure acceptable development in the interests of road safety. 
3. The opening path of the new access gate shall be fully contained within the site and
not encroach onto the public verge. 
Reason: To ensure acceptable development that does not create any hazard to road
users in the interests of road safety.
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. 
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. 
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Page 148

This includes any temporary access joining with the public road.   Advice on these matters
can be obtained by emailing roadspermits@moray.gov.uk 
Public utility apparatus may be affected by this proposal.  Contact the appropriate utility
service in respect of any necessary utility service alterations which have to be carried out
at the expense of the developer. 
No building materials/scaffolding/builder’s skip shall obstruct the public road (including
footpaths) without permission from the Roads Authority. 
The applicant shall free and relieve the Roads Authority from any claims arising out of
their operations on the road or extension to the road. 
Contact: AG Date 30 June 2023
email address: transport.develop@moray.gov.uk  
Consultee: TRANSPORTATION 
Return response to  consultation.planning@moray.gov.uk 
Please note that information about the application including consultation responses and representations (whether in support or objection) received on the proposal will be published
on the Council’s website at http://publicaccess.moray.gov.uk/eplanning/  (You can also use this site to track progress of the application and view details of any consultation
responses and representations (whether in support or objection) received on the proposal).  In order to comply with the Data Protection Act, personal information including
signatures, personal telephone and email details will be removed prior to publication using “redaction” software to avoid (or mask) the display of such information.  Where
appropriate other “sensitive” information within documents will also be removed prior to publication online. 
Page 148

Page 149

Consultation Request Notification 
Planning Authority Name Moray Council
Response Date  10th July 2023
Planning Authority
Reference
23/01062/APP
Nature of Proposal
(Description)
Change the use of open land to private garden at
Site 2 Duke Street
Portgordon
Buckie
Moray
AB56 5RH 
Site Postcode N/A
Site Gazetteer UPRN 000133029785
Proposal Location Easting 339629
Proposal Location Northing 864206
Area of application site (M2) 162
Additional Comment 
Development Hierarchy
Level
LOCAL
Supporting Documentation
URL
https://publicaccess.moray.gov.uk/eplanning/ce
ntralDistribution.do?caseType=Application&ke
yVal=RWUJE1BGHFE00
Previous Application 22/00905/APP
23/00695/APP 
Date of Consultation 26th June 2023
Is this a re-consultation of
an existing application?
No
Applicant Name Mrs Audrey Murray
Applicant Organisation
Name 
Applicant Address 2 Duke Street
Portgordon
Buckie
Moray
AB56 5RH 
Agent Name 
Agent Organisation Name 
Agent Address 
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
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
Page 149

Page 150

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 150

Page 151

MORAY COUNCIL 
PLANNING CONSULTATION RESPONSE 
From:   Aberdeenshire Council Archaeology Service 
Planning Application Ref. No: 23/01062/APP
Change the use of open land to private garden at 2 Duke Street Portgordon Buckie Moray
for Mrs Audrey Murray 
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 
x
(c) I have NO OBJECTIONS to the application subject to condition(s) and/or
comment(s) about the proposal as set out below   
❑
(d) Further information is required in order to consider the application as set out
below 
❑
Reason(s) for objection
None 
Condition(s)
None 
Further comment(s) to be passed to applicant 
Further information required to consider the application 
Contact: Claire Herbert Date…04/07/2023……………………..
email address:
archaeology@aberdeenshire.gov.uk
Phone No  ……01467537717
Consultee: Archaeology service 
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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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MORAY COUNCIL 
PLANNING CONSULTATION RESPONSE 
From:   Moray Access Manager 
Planning Application Ref. No: 23/01062/APP
Change the use of open land to private garden at 2 Duke Street Portgordon Buckie
Moray for Mrs Audrey Murray 
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 
x
(c) I have NO OBJECTIONS to the application subject to condition(s) and/or
comment(s) about the proposal as set out below   
(d) Further information is required in order to consider the application as set out
below 

Reason(s) for objection 
Condition(s) 
Further comment(s) to be passed to applicant 
Further information required to consider the application 
Contact: Ian M Douglas Date06/07/2023…………………………
………..
email address:ian.douglas@moray.gov.uk Phone No 
7049…………………………….. 
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Consultation Request Notification – Development Plans 
Planning Authority Name Moray Council
Response Date  10th July 2023
Planning Authority
Reference
23/01062/APP
Nature of Proposal
(Description)
Change the use of open land to private garden at
Site 2 Duke Street
Portgordon
Buckie
Moray
AB56 5RH 
Site Postcode N/A
Site Gazetteer UPRN 000133029785
Proposal Location Easting 339629
Proposal Location Northing 864206
Area of application site (M2) 162
Additional Comments 
Development Hierarchy
Level
LOCAL
Supporting Documentation
URL
https://publicaccess.moray.gov.uk/eplanning/ce
ntralDistribution.do?caseType=Application&ke
yVal=RWUJE1BGHFE00
Previous Application 22/00905/APP
23/00695/APP 
Date of Consultation 26th June 2023
Is this a re-consultation of
an existing application?
No
Applicant Name Mrs Audrey Murray
Applicant Organisation
Name 
Applicant Address 2 Duke Street
Portgordon
Buckie
Moray
AB56 5RH 
Agent Name 
Agent Organisation Name 
Agent Address 
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
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
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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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PLEASE COMPLETE AND RETURN WITHIN 48 HOURS
to consultation.planning@moray .gov.uk 
MORAY COUNCIL
PLANNING CONSULTATION RESPONSE 
From: Development Plans 
Planning Application Ref. No: 23/01062/APP
Change the use of open land to private garden at 2 Duke Street Portgordon Buckie
Moray for Mrs Audrey Murray 
Ward: 04_17 Fochabers Lhanbryde 
DETERMINATION - DEPARTURE FROM DEVELOPMENT PLAN 
(For Structure/Local Plan Comment) 
Page
No
Policy No(s) Yes No
1 Departure from Moray
Local Development Plan
2020 
Policy EP5 Open Space 
Policy EP7 Forestry,
Woodland and Trees
X
X
2 NPF4  Policy 20 Blue and Green
Infrastructure 
X  
3 Further Discussion Required 
REASONING FOR THIS DECISION: 
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POLICY COMMENTS 
Moray Local Development Plan 2020 
Policy EP5 Open Space and ENV5 
The site forms part of the ENV5 Green Corridor at Portgordon. Policy EP5 Open Space
states that development that would result in a change of use of an ENV designation to
anything other than an open space use will be refused. The proposal to change the open
space to private garden ground is therefore not supported by policy. The site is part of the
ENV5 Green Corridor that forms part of the old railway/cycle path corridor. The area
contributes to the setting and character of Portgordon and helps to connect the cycle path
into the village centre. The location also provides amenity to the village hall opposite.
Whilst the site makes up a small part of the green corridor piecemeal erosion of this can
incrementally negatively impact on the quality and character of the ENV and the role it
plays in the setting of Portgordon and wider green networks. 
The principle of the proposal is not supported by policy EP5. 
Policy EP7 Forestry, Woodland and Trees
Policy EP7 Forestry, Woodland and Trees states that where trees exist on or bordering a
site a tree survey, tree protection plan and a mitigation plan must be provided with the
planning application if the trees or trees bordering the site (or their roots) have the
potential to be impacted by construction activity. Whilst it is not proposed to remove trees
it appears that the re-routed footway and fencing could impact on trees and their roots.
The applicant has submitted a Tree Survey Report completed by a Member of the
Arboricultural Association. The survey has been carried out in-accordance with
BS5837:2012 ‘Trees in relation to design, demolition and construction –
Recommendations’. This confirms the condition and health of two trees adjacent to 2
Duke Street and includes a plan showing the root protection area. The Tree Survey states
that tree protection barriers should be installed and the proposed garden fence should
avoid using cement with post driven into the ground to avoid excavation within the root
protection area. However, the tree report does not appear to have been updated to show
the revised path route which now goes between the two trees. This would suggest the root
protection area of both trees could be impacted rather than the one referred to in the
report. Whilst additional information has been submitted this is not an Arboricultural
Method Statement setting out how construction will minimise impacts on tree roots and
does not provide sufficient information to confirm the trees would be safeguarded from
impacts. Further information is required to confirm compliance with policy EP7. 
National Planning Framework 4 (NPF4) 
Policy 20 Blue and Green Infrastructure 
Policy 20 states that development proposals that result in fragmentation or net loss of
existing blue and green infrastructure will only be supported where it can be demonstrated
that the proposal would not result in or exacerbate a deficit in blue or green infrastructure
provision, and the overall integrity of the network will be maintained. The proposal
represents a net loss of green infrastructure. The site is part of the ENV5 Green Corridor
within the LDP that forms part of the old railway/cycle path corridor. The proposal site
helps connect the cycle path into the village centre. The location also provides amenity to
the village hall opposite. Whilst the proposal site makes up a small part of the green
corridor piecemeal erosion of this can incrementally negatively impact on the quality and
character of the ENV and the role it plays in wider green networks.
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In conclusion the proposal is a departure from policy EP5 Open Space as it proposes to
change an ENV to private garden ground and further information is required in respect of
an updated tree survey and a method statement for the construction of the footpath to
demonstrate compliance with EP7 Forestry, Woodland and Trees. 
Contact: Rowena MacDougall Date…………29/09/23……………..
email address:Rowena_macdougall@moray.gov.uk Phone No  ……………………………..
Consultee: Development Plans
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: 23/01062/APP Officer: Fiona Olsen
Proposal
Description/
Address  
Change the use of open land to private garden at 2 Duke Street Portgordon Buckie
Moray
Date: 03.11.2023 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 
Transportation Manager 30/06/23 No Objections subject to conditions and
informatives
Estates, Central Services 26/06/23 No Objections 
Strategic Planning And Development 02/10/23 Proposal is a departure from policy EP5
Open Space as it proposes to change the
use of an area designated as ENV to private
garden ground. An updated tree survey and
Arboricultural Method Statement are also
required to be submitted to demonstrate
compliance with EP7 Forestry, Woodland
and Trees.
Aberdeenshire Council Archaeology
Service
04/07/23 No Objections 
Moray Access Manager 06/07/23 No Objections 
DEVELOPMENT PLAN POLICY
Policies Dep Any Comments 
(or refer to Observations below)
NPF1 - Tackling the Climate  
NPF2 - Climate mitigation and adaptation  
NPF3 - Biodiversity  
NPF4 - Natural Places  
NPF5 - Soils  
NPF6 - Forestry, woodland and trees  
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Page 2 of 6
NPF7 - Historic assets and places  
NPF13 - Sustainable transport  
NPF14 - Design, quality and place  
NPF16 - Quality homes  
NPF20 - Blue and green infrastructure Y See below
NPF22 - Flood risk  
PP1 Placemaking  
PP2 Sustainable Economic Growth  
PP3 Infrastructure and Services  
DP1 Development Principles Y See below
EP2 Biodiversity  
EP5 Open Space Y See below
EP7 Forestry Woodland and Trees Y See below
EP8 Historic Environment  
EP14 Pollution Contamination Hazards   
REPRESENTATIONS
Representations Received  NO
Total number of representations received
Names/Addresses of parties submitting representations 
Summary and Assessment of main issues raised by representations
Issue: 
Comments (PO): 
OBSERVATIONS – ASSESSMENT OF PROPOSAL 
Section 25 of the 1997 Act as amended requires applications to be determined in accordance with
the Development Plan i.e. the adopted National Planning Framework 4 (NPF4) and Moral Local
Development Plan 2020 (MLDP) unless material considerations indicate otherwise. 
The main planning issues are considered below: 
Proposal 
The application seeks to change the use of an area of amenity ground to domestic garden ground
and to erect a 1.2m fence to enclose the site.    
Site 
The site is located immediately adjacent to 2 Duke Street, Portgordon and is currently and area of
open amenity ground with two trees present.    
The area of amenity ground is currently designated as Open Space under ENV5 within the
MLDP2020 and forms part of the old railway/cycle path corridor at Portgordon.  
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Page 3 of 6  
An area of archaeological interest also lies over the site relating to the historical settlement of
Portgordon.    
Policy Assessment (Moray Local Development Plan 2020, National Planning Framework 4)
Siting (DP1, EP5, NPF4 Policies 14, 20) 
Policy DP1 states that development proposals will be supported if they conform the relevant Local
Development Plan Policies, proposals and additional guidance and meet the criteria set out in DP1.   
NPF4 Policy 14 requires that development proposals be designed to improve the quality of an area
whether in urban or rural locations and regardless of scale. It also states that development proposals
will be supported where they are consistent with the six qualities of successful places; Healthy,
Pleasant, Connected, Distinctive, Sustainable and Adaptable. Finally, NPF Policy 14 states that
proposals which are poorly designed, detrimental to the amenity of the surrounding area or
inconsistent with the six qualities of successful places will not be supported.    
Policy EP5 states that development that would result in a change of use of an ENV designation to
anything other than an open space use will be refused. 
NPF4 Policy 20 states that development proposals that result in fragmentation or net loss of existing
blue and green infrastructure will only be supported where it can be demonstrated that the proposal
would not result in or exacerbate a deficit in blue or green infrastructure provision, and the overall
integrity of the network will be maintained. 
In this case, the application seeks to change the use of an area of amenity ground identified as open
space under ENV5 (within the MLDP2020) to domestic garden ground which is not supported by
polices EP5 and NPF4 Policy 20. The site is part of the ENV5 Green Corridor that forms part of the
old railway/cycle path corridor. The area contributes to the setting and character of Portgordon and
helps to connect the cycle path into the village centre. The location also provides amenity to the
village hall opposite. Whilst the site makes up a small part of the green corridor, piecemeal erosion
can negatively impact on the quality and character of the ENV and the role it plays in the setting of
Portgordon and wider green networks. Therefore the application will be refused as it does not comply
with policies EP5 and NPF4 Policy 20.    
The applicant has submitted a supporting statement which refers to the Moray Food Growing
Strategy and states that the purchase of the land would allow the applicant to grow fruit and
vegetables, compost garden and household waste and use the garden for recreational purposes for
family and friends. It is also outlined that the area of garden ground would allow the applicants the
opportunity to promote biodiversity within the site. Whilst these overall aims are supported, this would
not override the aforementioned objections with regard to the change of use of the area of ground
from amenity ground to private garden ground which would fragment the existing green corridor
within Portgordon whilst also resulting in the loss of open space designated under ENV5 which would
fail to comply with MLDP2020 policies DP1, EP5 and NPF4 Policy 20.    
Road Safety (DP1, NPF4 Policy 13) 
The site is proposed to be enclosed by an approx. 1.2m high close boarded wooden fence on all
three sides (including a gate in the north-west corner of the site). The fence would enclose an area
identified as open space under ENV5 and therefore is not permitted under policies EP5 and
MLDP2020 Policy 20. Moray Council Transportation were consulted on the application and raised no
objections, subject to compliance with a series of conditions. These required that prior to the erection
of the fence, a new public footpath be constructed and that any new boundaries fronting Duke Street
be set back a minimum of 2.0m. Finally the conditions require that the proposed gate be contained
within the site and not encroach on the public verge. Should the application be permitted, these
would be matters controlled by condition in order to comply with the Transportation requirements of
policies DP1 and NPF Policy 13.  
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Page 4 of 6  
Trees (EP7, NPF4 Policy 6) 
Policy EP7 requires that proposals must retain healthy trees and incorporate them within the proposal
unless it is technically unfeasible to retain these. Where trees exist on or bordering a development
site, a tree survey, tree protection plan and mitigation plan must be provided with the planning
application if the trees or trees bordering the site have the potential to be affected by development
and construction activity.    
NPF4 Policy 6 refers to tree removal and states that development proposals will not be supported
where they will result in any loss of ancient woodland, veteran trees or have an adverse impact on
their ecological condition or any adverse impact on native woodlands and individual trees of high
biodiversity value.   
No trees are proposed to be removed from the site, however it is proposed to re-route a public
footpath between the two trees and there is the potential that the formation of the path and fencing to
impact on the tree roots.  A Tree Survey Report and Schedule has been submitted which confirms
the condition and health of two trees adjacent to 2 Duke Street (one category B Sycamore and one
category C Rowan tree). The Tree Survey states that tree protection barriers should be installed and
the proposed garden fence should avoid using cement with post driven into the ground to avoid
excavation within the root protection areas. However, the tree survey report has not been updated to
show the revised path route which now goes between the two trees. As a result, the impact of the
construction of the path on the root protection area of both trees area cannot be fully assessed and
therefore the proposals would fail to comply with MLDP2020 Policy EP7.  Additional information has
been submitted outlining details of the proposed path (Whin Dust Path - semi-tray excavation)
however this does not set out how construction will minimise impacts on tree roots. It also does not
provide sufficient information to confirm the trees would be safeguarded from impacts and this
information is required to be submitted in the form of a formal Arboricultural Method Statement which
is also required under Policy EP7.    
Conclusion  
The proposals would result in the loss of an area of identified as Open space under ENV5 within the
Moray Local Development Plan 2020 which is not permitted under MLDP2020 Policy EP5. The ENV5
Green Corridor forms part of the old railway/cycle path corridor which contributes to the setting and
character of Portgordon and helps to connect the cycle path into the village centre and as such the
application would fail to comply with MLDP2020 Policies DP1, EP5 and NPF4 Policy 20. 
The Tree Survey Report has not been updated to show the location of the rerouted footpath which
would now go between the trees and an Arboricultural Method Statement has not been submitted
which would set out how construction will minimise impacts on tree roots. As a result, MLDP2020
Policy EP7 has not been complied with as additional information is required to confirm that the trees
would be safeguarded from the impact of the construction of the path.    
As such the application will be refused as it fails to comply with policies DP1, EP5, EP7 and NPF4
Policy 20. 
OTHER MATERIAL CONSIDERATIONS TAKEN INTO ACCOUNT 
None 
HISTORY
Reference No. Description 
Change of use from open space to private garden ground erect a wall/fence
and relocate the existing pathway at 2 Duke Street Portgordon Buckie Moray
AB56 5RH 22/00905/APP
Decision Withdrawn Date Of Decision 28/03/23
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Page 5 of 6   
Change of use of Council land to garden land and relocated public path at 2
Duke Street Portgordon Buckie Moray AB56 5RH
23/00695/APP Decision Withdrawn Date Of Decision 08/06/23   
ADVERT
Advert Fee paid? N/A
Local Newspaper Reason for Advert Date of expiry 
DEVELOPER CONTRIBUTIONS (PGU)
Status N/A 
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 Statement 
Main Issues:  Outlines history of site and policy background to the proposal.  
Document Name:  Tree Survey Report
Main Issues:  Outlines details of a tree survey undertaken of the two trees on the site
Document Name:  Tree Survey Schedule
Main Issues:  Gives details of each tree surveyed. 
Document Name:  Whin Dust Path (Semi-Tray Excavation) Standard Detail
Main Issues: Gives details of ‘whin dust’ path proposed to be constructed. 
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:   
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Page 6 of 6
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 1 of 3)  Ref:  23/01062/APP 
MORAY COUNCIL
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997,
as amended 
REFUSAL OF PLANNING PERMISSION 
[Fochabers Lhanbryde]
Application for Planning Permission 
TO Mrs Audrey Murray 
2 Duke Street 
Portgordon 
Buckie 
Moray 
AB56 5RH 
With reference to your application for planning permission under the above
mentioned Act, the Council in  exercise  of   their  powers  under  the  said  Act, 
have  decided  to REFUSE your application for the following development:- 
Change the use of open land to private garden at 2 Duke Street Portgordon
Buckie Moray 
and for the reason(s) set out in the attached schedule. 
Date of Notice:  7 November 2023 
HEAD OF ECONOMIC GROWTH AND DEVELOPMENT
Economy, Environment and Finance
Moray Council
Council Office
High Street
ELGIN
Moray      
IV30 1BX
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(Page 2 of 3)  Ref:  23/01062/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 proposed change of use of an area of Open Space to domestic garden
ground is contrary to the Moray Local Development Plan (2020) and National
Planning Framework 4 for the following reasons:  
1. The proposals would result in the loss of an area of identified as Open
Space under ENV5 within the Moray Local Development Plan 2020 which
would fail to comply with MLDP2020 Policies DP1 and EP5. 
2. The ENV5 Green Corridor forms part of the old railway/cycle path corridor
which contributes to the setting and character of Portgordon and helps to
connect the cycle path into the village centre. The location also provides
amenity to the village hall opposite.  Whilst the site makes up a small part
of the green corridor, piecemeal erosion can negatively impact on the
quality and character of the ENV and the role it plays in the setting of
Portgordon and wider green networks and therefore the proposals would
also fail to comply with NPF4 Policy 20 as the overall integrity of the green
network would be fragmented. 
3. The Tree Survey Report has not been updated to show the location of the
rerouted footpath which would now go between the trees and an
Arboricultural Method Statement has not been submitted which would set
out how construction will minimise impacts on tree roots. As a result,
MLDP2020 Policy EP7 has not been complied with as additional
information is required to confirm that the trees would be safeguarded
from the impact of the construction of the path. 
LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT 
The following plans and drawings form part of the decision:-
Reference Version Title  
Location plan  
Elevations  
Site plan   
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(Page 3 of 3)  Ref:  23/01062/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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Applicants Statement to Support the Planning Application for the change of
use of the ground adjacent to 2 Duke Street Portgordon
Audrey and Derek Murray, 2 Duke Street, Portgordon, AB56 5RH 
We would be grateful if the history of the area of ground at the side of our house could be
considered as part of our planning application as it has not always been a green corridor area.
The land is currently owned by The Moray Council whose Estates Department have agreed to the
sale, confirmed in May 2022. 
Prior to 1977, the area had long been used as a private yard for industrial/commercial purposes (as
noted from photographic records), leased by the Crown Estate Commissioners to a tenant.  There
had also been a building on the site.  
In 1978 and then in 1979 the railway line to the west and then the east of the site was purchased by
Moray District Council for the specific purpose of providing amenity areas such as a play park,
bowling green and country type walks. 
The land at Duke Street immediately west of No 2 was purchased by Grampian Regional Council
Roads Department from The Crown Estate Commissioners in January 1977 for the specific purposes
of constructing a road improvement, linked to the removal of the existing railway bridge.     
Following our approach to Moray Council’s Estates team in 2021, there was subsequent consultation
and site meetings with Moray Council Roads Service who confirmed that on the basis that the
existing substandard footway was rerouted at our expense and that visibility was maintained at the
junction, Roads were prepared to declare the area was surplus to their requirements. 
Following the land sale consultation phase, in their letter dated 25-05-2022, the Estates Team
agreed to the sale of the land subject to planning permission. 
It is appreciated that in the 2020 Local Plan, both the railway line and the grassed area west of 2
Duke Street are categorised as an ‘ENV5 Green Corridor’ area.  However, while it is recognised that
land use can change over time, the land purchased by the Roads Department in 1977 was not
purchased specifically for amenity value.  Indeed, during 2019 and 2020 due to financial constraints,
Moray Council took the decision to stop cutting the grass in this area and, had it not been for our
intervention in maintaining part of the area ourselves over this 2-year period, the area would have
been left to grow wild, with no apparent alternative maintenance plan in place.   This indicates to us
that the area was not considered to be of high public amenity value and undermines the case for
protection under the local plan. 
The Moray Council’s “ Moray Food Growing Strategy 2020 “ guidance document, developed to
support the Moray Local Development Plan 2020, aims to ensure that there are more opportunities
for people who would like to grow their own food.  They recommend a variety of food growing
spaces and many communal open spaces have been identified within this document as potential
food growing sites. 
There is a community garden in Portgordon at which we volunteer, but there is no allotment
provision and at the moment there does not seem to be a plan to provide this in our area.  The
purchase of the land next to our house would allow us to grow the fruit and vegetables to sustain
our family and also to have the space to compost our garden waste and some of the household
waste as well as the positive impact the garden would have on our mental health and that of our
visiting friends and family.
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Applicants Statement to Support the Planning Application for the change of
use of the ground adjacent to 2 Duke Street Portgordon
Audrey and Derek Murray, 2 Duke Street, Portgordon, AB56 5RH 
We feel passionately about increasing the biodiversity of the area and this space would give us the
opportunity to increase the area for birdlife, insects, bees, and amphibians which are all present in
our existing small garden.  We envisage using a variety of plants and flowers as well as creating small
habitat areas for these creatures.   The Moray Food Growing Strategy states as one of its actions to
prepare and demonstrate how food growing can be integrated into green and blue networks to
support biodiversity enhancement as well as to deliver allotment sites and food growing areas. 
We noted the previous concerns of the Planning Department about the re-routed path impacting on
the tree roots and have since commissioned an Arborist to complete a tree survey and report.   The
option of rerouting the path between the trees using a whin dust construction would support the
requirement to protect the trees.   
There were no objections to the previous planning application, (22/00905/APP), from neighbours, or
the Hall Committee and we do have local support to see the ground used to grow food and increase
the biodiversity of this area.  We have been given compliments for 26 years now from villagers
appreciating the floral display we have maintained at the side of our house and have shown our
commitment to maintaining this area. 
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Hi Audrey,  
I have spoken with a senior colleague and with Rowena MacDougall in Development Plans who is
providing comments in relating to planning policy for the application.  
We do require something from the Tree Specialist to confirm that the whin dust path will not affect
the tree roots. An email should be sufficient, can you obtain this? I know that the path specification
was suggested by Transportation however we would need written confirmation from a Tree
Specialist that the roots will not be affected in order to meet policy requirements for Policy EP7 and
therefore this not be an additional reason for refusal.  
Can you let me know if you are able to provide this?  
Thanks  
Fiona 
Audrey Murray  Mon, Sep 25, 2023,
3:28 PM   
to Fiona 
Hi Fiona, 
I have the information from Struan Dalgleish the Arborist which is attached below. 
Many thanks, 
Audrey and Derek 
---------- Forwarded message ---------
From: Struan Dalgleish < >
Date: Fri, Sep 22, 2023 at 10:41 AM
Subject: RE: Planning Application 23/01062/APP: Garden at 2 Duke
Street,Portgordon
To: Audrey Murray < >
Dear Mr and Mrs Murray,  
Fiona Olsen <Fiona.Olsen@moray.gov.uk>  Sep 6, 2023,
10:45 AM   
to me 
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With reference to the above planning application and our subsequent discussions
relating to the re-location of the proposed footpath, I am pleased to provide
additional information regarding protection of the trees.  
Two trees were recorded and root protection areas (RPA’s) identified by the March
2023 Tree Survey. The revised path layout requires it to be constructed between
trees and through their RPA’s.  
Where significant incursion into RPA’s in unavoidable the use of a geo-grid, such as
Geosynthetics Golpla can be used to reduce the impact on tree roots. The Geo-grid
minimizes the requirement for excavation and compaction of soils which contain tree
roots, protecting the health of the trees.  
It is noted that the path will be suitable of pedestrian use only.  
Following the careful removal of turf using hand tools and avoiding damage to tree
roots, Golpla Geo-grid can be laid directly onto the existing level without the need for
soil compaction.  
The link below provides details of the product, however it is noted that underlying
soils with RPA’s should not be
compacted. https://www.geosyn.co.uk/downloads?pId=310  
All construction within rooting areas should be undertaken by hand and heavy
machinery, which may compact soils should not enter RPA’s.  
Kind regards,  
Struan    
Struan Dalgleish MICFor, CEnv
Arboricultural Consultant
0777 367 4623    
Struan Dalgleish MICFor, CEnv
Arboricultural Consultant  
0777 367 4623  
Struan Dalgleish Arboriculture Ltd  
--
Kind Regards,
Audrey. 
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