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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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. Page 1
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GUIDANCE NOTES * Declaration of Group Decisions and Members Interests - The Chair of the meeting shall seek declarations from any individual or political group at the beginning of a meeting whether any prior decision has been reached on how the individual or members of the group will vote on any item(s) of business on the Agenda, and if so on which item(s). A prior decision shall be one that the individual or the group deems to be mandatory on the individual or the group members such that the individual or the group members will be subject to sanctions should they not vote in accordance with the prior decision. Any such prior decisions will be recorded in the Minute of the meeting. ** Written Questions - Any Member can put one written question about any relevant and competent business within the specified remits not already on the agenda, to the Chair provided it is received by the Proper Officer or Committee Services by 12 noon two working days prior to the day of the meeting. A copy of any written answer provided by the Chair will be tabled at the start of the relevant section of the meeting. The Member who has put the question may, after the answer has been given, ask one supplementary question directly related to the subject matter, but no discussion will be allowed. No supplementary question can be put or answered more than 10 minutes after the Council has started on the relevant item of business, except with the consent of the Chair. If a Member does not have the opportunity to put a supplementary question because no time remains, then he or she can submit it in writing to the Proper Officer who will arrange for a written answer to be provided within 7 working days. *** Question Time - At each ordinary meeting of the Committee ten minutes will be allowed for Members questions when any Member of the Committee can put a question to the Chair on any business within the remit of that Section of the Committee. The Member who has put the question may, after the answer has been given, ask one supplementary question directly related to the subject matter, but no discussion will be allowed. No supplementary question can be put or answered more than ten minutes after the Committee has started on the relevant item of business, except with the consent of the Chair. If a Member does not have the opportunity to put a supplementary question because no time remains, then he/she can submit it in writing to the proper officer who will arrange for a written answer to be provided within seven working days. Page 3
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MORAY COUNCIL Moray Local Review Body SEDERUNT Councillor Marc Macrae (Chair) Councillor Amber Dunbar (Depute Chair) Councillor Neil Cameron (Member) Councillor Juli Harris (Member) Councillor Sandy Keith (Member) Councillor Paul McBain (Member) Councillor Draeyk Van Der Horn (Member) Councillor Sonya Warren (Member) Clerk Name: Lissa Rowan Clerk Telephone: 07765 741754 Clerk Email: committee.services@moray.gov.uk Page 4
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MORAY COUNCIL Minute of Meeting of the Moray Local Review Body Thursday, 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 Page 5
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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 Page 6
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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. Page 7
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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 Page 9
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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. Page 10
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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 Page 13
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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. Page 15
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Page 2 of 7 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 Page 16
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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 Page 17
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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 Page 18
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Page 5 of 7 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 Page 19
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Page 6 of 7 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 Page 20
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Page 7 of 7 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 Page 21
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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 Page 23
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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 Page 25
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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 Page 27
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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 Page 29
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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 Page 31
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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 Page 32
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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, Page 33
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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 Page 34
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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 Page 35
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PA Response To consultation.planning@moray.gov.uk NOTE: If you do not respond by the response date, it will be assumed that you have no comment to make. The statutory period allowed for a consultation response is 14 days. Due to scheduling pressures if a definitive response is not received within 21 days this may well cause the two month determination period to be exceeded. Data Protection - Moray Council is the data controller for this process. Information collected about you on this form will be used to process your Planning Application, and the Council has a duty to process your information fairly. Information we hold must be accurate, up to date, is kept only for as long as is necessary and is otherwise shared only where we are legally obliged to do so. You have a legal right to obtain details of the information that we hold about you. For full terms please visit http://www.moray.gov.uk/moray_standard/page_121513.html For full Data Protection policy, information and rights please see http://www.moray.gov.uk/moray_standard/page_119859.html You can contact our Data Protection Officer at info@moray.gov.uk or 01343 562633 for more information. Please respond using the attached form:- Page 36
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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 Page 37
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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. Page 38
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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 Page 39
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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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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 Page 45
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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 Page 46
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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 Page 49
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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. Page 50
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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 Page 51
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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 Page 52
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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." Page 53
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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. Page 55
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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. Page 56
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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 Page 57
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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/. Page 58
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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 Page 59
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PA Response To consultation.planning@moray.gov.uk NOTE: If you do not respond by the response date, it will be assumed that you have no comment to make. The statutory period allowed for a consultation response is 14 days. Due to scheduling pressures if a definitive response is not received within 21 days this may well cause the two month determination period to be exceeded. Data Protection - Moray Council is the data controller for this process. Information collected about you on this form will be used to process your Planning Application, and the Council has a duty to process your information fairly. Information we hold must be accurate, up to date, is kept only for as long as is necessary and is otherwise shared only where we are legally obliged to do so. You have a legal right to obtain details of the information that we hold about you. For full terms please visit http://www.moray.gov.uk/moray_standard/page_121513.html For full Data Protection policy, information and rights please see http://www.moray.gov.uk/moray_standard/page_119859.html You can contact our Data Protection Officer at info@moray.gov.uk or 01343 562633 for more information. Please respond using the attached form:- Page 60
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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 Page 61
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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. Page 62
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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 Page 63
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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. Page 64
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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. Page 65
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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 Page 66
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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 Page 67
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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) Page 68
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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 Page 70
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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. Page 71
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APPENDIX 2 NOTICE OF REVIEW, GROUNDS FOR REVIEW & SUPPORTING DOCUMENTS Page 73
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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 Page 75
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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 Page 76
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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. Page 77
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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. Page 78
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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 Page 79
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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 Page 80
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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 Page 81
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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 Page 82
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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 Page 83
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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, Page 84
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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 Page 85
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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 Page 89
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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 Page 90
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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 Page 91
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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 Page 92
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APPENDIX 3 FURTHER REPRESENTATIONS FROM INTERESTED PARTIES Page 93
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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 Page 95
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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 Page 97
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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. Page 98
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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 1 6 6 3 3 2 4 8 2 5 86 1 2 1 7 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 Page 101
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Page 1 of 8 The Moray Council Council Office High Street Elgin IV30 1BX Tel: 0300 1234561 Email: development.control@moray.gov.uk Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid. Thank you for completing this application form: ONLINE REFERENCE 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. Page 103
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Page 2 of 8 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 Page 104
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Page 3 of 8 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 Page 105
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Page 4 of 8 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 Page 106
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Page 5 of 8 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 Page 107
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Page 6 of 8 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 Page 108
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Page 7 of 8 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) Page 109
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Page 8 of 8 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 Page 110
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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. Page 117
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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. Page 118
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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 Page 119
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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 Page 120
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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. Page 121
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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. Page 122
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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. Page 123
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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. Page 124
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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. Page 125
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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. Page 126
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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. Page 127
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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. Page 128
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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. Page 129
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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. Page 130
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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. Page 131
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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 Page 132
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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. Page 133
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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 Page 135
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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 Page 137
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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. Page 138
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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. Page 139
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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
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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:- Page 142
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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 Page 143
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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. Page 144
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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
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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:- Page 146
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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. Page 147
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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
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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
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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:- Page 150
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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 Page 151
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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. Page 152
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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…………………………….. Page 153
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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 Page 155
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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:- Page 156
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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: Page 157
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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. Page 158
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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. Page 159
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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 Page 161
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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. Page 162
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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. Page 163
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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 Page 164
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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: Page 165
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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) Page 166
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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 Page 167
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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 Page 168
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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. Page 169
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APPENDIX 2 NOTICE OF REVIEW, GROUNDS FOR REVIEW & SUPPORTING DOCUMENTS Page 171
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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. Page 177
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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. Page 178
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Email Evidence from Arborist 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 Page 182
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Email Evidence from Arborist 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. Page 183
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