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Agenda Document Pack - Moray Local Review Body - 16/05/2024

Moray Council · 16 May 2024
Back to Moray Local Review Body — 16 May 2024 and its agenda

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Page 1

Moray Local Review Body 
Thursday, 16 May 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, 16 May 2024 at 09:30. 
BUSINESS 
1 Sederunt 
2 Declaration of Group Decisions and Members Interests * 
3 Minute of meeting dated 14 March 2024 5 - 8
4 LR300 - Ward 7 - Elgin City South
Planning Application 23/01973/APP – Proposed off street car parking
space at St Hilda, 31 West Road, Elgin   
9 - 68
5 LR301 - Ward 6 - Elgin City North
Planning Application 23/01971/APP – Convert front section of garage
to hair salon retaining rear section as garden store at 7 Mitchell
Crescent, Elgin  
69 -
134
6 LR302 - Ward 6 - Elgin City North
Planning Application 23/01822/APP – Convert domestic summer house
to beauty room at 15 Chanory Road, Elgin, IV30 1XH  
135 -
186
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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.     
Watching the Meeting
You can watch the webcast live by going to: 
http://www.moray.gov.uk/moray_standard/page_43661.html    
Webcasts are available to view for 1 year following the meeting.  
You can also attend the meeting in person, if you wish to do so,
please come to the High Street entrance door and a member of
staff will be let into the building. 
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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. 
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MORAY COUNCIL 
Moray Local Review Body 
SEDERUNT 
Councillor Marc Macrae  (Chair)
Councillor Amber Dunbar  (Depute Chair)  
Councillor Neil Cameron  (Member)
Councillor Juli Harris  (Member)
Councillor Sandy Keith  (Member)
Councillor Paul McBain  (Member)
Councillor Draeyk van der Horn  (Member)
Councillor Sonya Warren  (Member)  
Clerk Name: Lissa Rowan
Clerk Telephone: 07765 741754
Clerk Email: committee.services@moray.gov.uk 
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MORAY COUNCIL 
Minute of Meeting of the Moray Local Review Body 
Thursday, 14 March 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 Mrs 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 18 January 2024 
The Minute of the meeting dated 15 February 2024 was submitted and approved.   
4         LR299 – Ward 6 – Elgin City North 
Planning Application 23/01371/APP – Retrospective consent to convert part
of garage to hair salon at 22 Duffus Crescent, Elgin  
A request was submitted by the Applicant, seeking a review of the decision of the
Appointed Officer, in terms of the Scheme of Delegation, to refuse planning
permission on the grounds that:  
Item 3
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The proposal is contrary to the provisions of the Development Plan because: 
(i) The salon as a class 1 (shop use) is an incompatible use within a residential
property. 
(ii) The salon within the private residential property is incompatible with the
residential area, and the traffic movements with their associated noise and
disturbance would have a significant adverse impact on the character and
residential amenity of the surrounding residential properties. 
The proposal is therefore contrary to National Planning Framework 4
(NPF4) Policies 16 b) and 14 c) and Moray Local Development Plan
(MLDP) 2020 Policies DP1 (i) a) and PP2 of the Development Plan.  
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, both the Legal and Planning
Advisers advised that they had nothing to raise at this time.  
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 Dunbar, having reviewed the case in detail and visited the site of the
application, noted the reasons for refusal however stated that she was of the view
that, in terms of NPF4 Policy 16b) the proposal would contribute to providing and
enhancing local infrastructure facilities and services and improve the residential
amenity of the surrounding area.  In terms of NPF4 Policy 14c), Councillor Dunbar
believed the proposal was not detrimental to the area and is consistent with the 16
qualities of successful places. In terms of policies DP1 (Development Principles) (i)
a) Councillor Dunbar stated that, in her opinion, the character of the proposal is
acceptable and supports a walkable neighbourhood and in relation to PP2
(Sustainable Economic Growth) of MLDP 2020, stated that the proposal would
contribute to the economic growth of the area and supports the Moray Economic
Strategy.  Taking all the above into consideration, Councillor Dunbar moved that
the MLRB uphold the appeal and grant planning permission in respect of Planning
Application 23/01371/APP as, in her opinion, the proposal complies with policy
14c) (Design, Quality and Place) part c) and policy 16 (Business and Industry) part
b) of NPF4 and policies DP1 (Development Principles) (i) a) and PP2 (Sustainable
Economic Growth) of MLDP 2020. 
Councillor van der Horn agreed to second Councillor Dunbar’s motion stating that
having a hair salon in a residential area should not be precluded. 
Mrs MacDonald, Planning Adviser advised that, during the consultation period, the
Transportation Section had suggested transportation conditions should the
application be approved and sought clarification as to whether Councillor Dunbar’s
motion to grant planning permission would be subject to the suggested conditions
from the Transportation Service. 
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In response, both Councillors Dunbar and van der Horn agreed to add the
conditions from the Transportation Service to their motion. 
Mrs MacDonald, Planning Adviser further highlighted that granting planning
permission for this planning application would mean that the property could be
used for class 1a use (shops, and financial, professional and other services) and
sought clarification as to whether Councillors Dunbar and van der Horn wished to
add a condition to ensure that the use be restricted to a hair salon and that only
residents of the property could work there. 
In response, both Councillors Dunbar and van der Horn agreed to add a condition
to ensure that the use be restricted to a hair salon and that only residents of the
property be permitted to work there. 
There being no-one otherwise minded, the MLRB unanimously agreed to grant
planning permission in respect of Planning Application 23/01371/APP as it is
considered that the proposal complies with: 
• NPF4 Policy 16b) as it would contribute to providing and enhancing local
infrastructure facilities and services and improve the residential amenity of
the surrounding area; 
• NPF4 Policy 14c) as the proposal is not detrimental to the area and is
consistent with the 16 qualities of successful places;  
• MLDP 2020 Policy DP1 (Development Principles) (i) a) as the character of
the proposal is acceptable and supports a walkable neighbourhood; 
• MLDP 2020 Policy PP2 (Sustainable Economic Growth) as the proposal
would contribute to the economic growth of the area and supports the
Moray Economic Strategy; and
• subject to the following conditions and reasons: 
1. Within six months of the date of this decision notice the existing driveway
shall be reconfigured and extended to provide four car parking spaces. The
car parking spaces shall thereafter be retained within the site throughout the
lifetime of the development for use by residents and customers, 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/customers in the interests of an acceptable
development and road safety. 
2. Notwithstanding the provisions of the Town and Country Planning (Use
Classes) (Scotland) Order 1997 (as amended, revoked or re-enacted; with
or without modification) and Article 3 and Classes 10 to 13a of Schedule 1
of the Town and Country Planning (General Permitted Development)
(Scotland) Order 1992 (as amended, revoked or re-enacted; with or without
modification), the development hereby approved shall be used solely for a
hair salon and for no other use or purpose. 
Reason: To enable the Planning Authority to retain effective control over
future development within the application site so that it is carefully managed
and does not result in over-development or an adverse impact on the amenity
of the area. 
3. The hair salon hereby approved shall only be operated by those
permanently living at the house known as 22 Duffus Crescent, Elgin.
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Reason: To ensure the scale of the activities at the premises is such that
nuisance to neighbours is avoided. 
4. No water shall be permitted to drain or loose material be carried onto the
public footway/carriageway. 
Reason: To ensure the safety and free flow of traffic on the public road and
access to the site by minimising the road safety impact from extraneous
material and surface water in the vicinity of the access. 
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MORAY LOCAL REVIEW BODY 
16 MAY 2024 
SUMMARY OF INFORMATION FOR CASE No LR300 
Planning Application 23/01973/APP – Proposed off street car parking space at
St Hilda, 31 West Road, Elgin 
Ward 7 – Elgin City South 
Planning permission was refused under the Statutory Scheme of Delegation by the
Appointed Officer on 17 January 2024 on the grounds that: 
The proposal seeks to form a new access onto the A96(T) Road to provide off-street
parking for one vehicle and is contrary to the Moray Local Development Plan (2020)
and National Planning Framework 4 for the following reasons: 
1. The proposals seek to form a new access onto the A96(T) road which is not
permitted by MLDP2020 Policy PP3. 
2. The proposed parking space would fail to meet the size requirements for a
standard parking space as set by Moray Council Parking Standards and if
permitted, could result in vehicles obstructing the footway which would fail to
comply with policy DP1 which requires that developments provide a safe
access to and from the road network and NPF4 Policy 18 which require the
impact of proposals on existing infrastructure to be mitigated. 
3. The proposals could result in reversing manoeuvres onto the A96(T) which
would interfere with the safety and free flow of the traffic on the A96(T) and
this would fail to comply with policy DP1 which requires that proposals must
provide a safe entry and exit from the development and NPF4 Policy 13 which
requires developments that have the potential to affect the operation and
safety of the Strategic Transport Network to be fully assessed 
Documents considered or prepared by the Appointed Officer in respect of the above
planning application are attached as Appendix 1. 
The Notice of the Review, Grounds for Review and any supporting documents
submitted by the Applicant are attached as Appendix 2. 
No further representations were received.
Item 4
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Filling Station
Elsfield
Station
Shelter
Allandale
Thomshill
St Margarets Cairnrosa
Ash-Lin
North View
Sinks
St Maartens
GippslandW
ITTET DRIVE
Braco-Brae
Langlee
BRAELOSSIE
PLACE
Armadale
31.8m
33.3m
31.4m
31.6m
6
8
22
56
58
3
29
19a
5
21
3814
16
46
52
39
Gas Gov
W
estwood
3
6
14
Location plan for Planning Application Reference Number :
23/01973/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 11

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APPENDIX 1 
DOCUMENTS CONSIDERED
OR PREPARED BY THE
APPOINTED OFFICER
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Page 1 of 6
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 100651089-001
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.
Description of Proposal
Please describe accurately the work proposed: * (Max 500 characters)
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
Proposed off street car parking space
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Page 2 of 6
Agent Details
Please enter Agent details
Company/Organisation:
Ref. Number: You must enter a Building Name or Number, or both: *
First Name: * Building Name:
Last Name: * Building Number:
Address 1
Telephone Number: * (Street): *
Extension Number: Address 2:
Mobile Number: Town/City: *
Fax Number: Country: *
Postcode: *
Email Address: *
Is the applicant an individual or an organisation/corporate entity? *
  Individual    Organisation/Corporate entity
Applicant Details
Please enter Applicant details
Title: You must enter a Building Name or Number, or both: *
Other Title: Building Name:
First Name: * Building Number:
Address 1
Last Name: * (Street): *
Company/Organisation Address 2:
Telephone Number: * Town/City: *
Extension Number: Country: *
Mobile Number: Postcode: *
Fax Number:
Email Address: *
Plans Plus
Ms
Colin
Joanna
Keir
Inch
Main Street
West Road
31
Plans Plus Offices
01343 842635
IV30 8LG
IV30 1SA
Moray
UK
By Elgin
Moray
Urquhart
Elgin
ctkplans@aol.com
ctkplans@aol.com
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Page 3 of 6
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
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.
Access and Parking
Are you proposing a new or 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 proposed to make. You should also show existing footpaths and note if there will be any impact on these.
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, cycle spaces).
ST HILDA
0
1
Moray Council
31 WEST ROAD
ELGIN
IV30 1SA
862694 320563
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Page 4 of 6
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
Land Ownership Certificate
Certificate and Notice under Regulation 15 of the Town and Country Planning (Development Management Procedure) (Scotland)
Regulations 2013
Certificate A
I hereby certify that –
(1) - No person other than myself/the applicant was an owner (Any person who, in respect of any part of the land, is the owner or is the
lessee under a lease thereof of which not less than 7 years remain unexpired.) of any part of the land to which the application relates at
the beginning of the period of 21 days ending with the date of the accompanying application.
(2) - None of the land to which the application relates constitutes or forms part of an agricultural holding
Signed: Colin Keir
On behalf of: Ms Joanna  Inch
Date: 08/11/2023
 Please tick here to certify this Certificate. *
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Page 5 of 6
Checklist – Application for Householder Application
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) Have you provided a written description of the development to which it relates?.  *  Yes   No
b) Have you provided the postal address of the land to which the development relates, or if the land in question  Yes   No
has no postal address, a description of the location of the land?  *
c) Have you provided the name and address of the applicant and, where an agent is acting on behalf of the  Yes   No
applicant, the name and address of that agent.?  *
d) Have you provided a location plan sufficient to identify the land to which it relates showing the situation of the  Yes   No
land in relation to the locality and in particular in relation to neighbouring land? *. This should have a north point
and be drawn to an identified scale.
e) Have you provided a certificate of ownership? *  Yes   No
f) Have you provided the fee payable under the Fees Regulations? *  Yes   No
g) Have you provided any other plans as necessary? *  Yes   No
Continued on the next page
A copy of the other plans and drawings or information necessary to describe the proposals
(two must be selected). *
You can attach these electronic documents later in the process.
  Existing and Proposed elevations.
  Existing and proposed floor plans.
  Cross sections.
  Site layout plan/Block plans (including access).
  Roof plan.
  Photographs and/or photomontages.
Additional Surveys – for example a tree survey or habitat survey may be needed. In some instances you  Yes   No
may need to submit a survey about the structural condition of the existing house or outbuilding.
A Supporting Statement – you may wish to provide additional background information or justification for your  Yes   No
Proposal. This can be helpful and you should provide this in a single statement. This can be combined with a
Design Statement if required. *
You must submit a fee with your application. Your application will not be able to be validated until the appropriate fee has been
Received by the planning authority.
Declare – For Householder Application
I, the applicant/agent certify that this is an application for planning permission as described in this form and the accompanying
Plans/drawings and additional information.
Declaration Name: Mr Colin Keir
Declaration Date: 08/11/2023
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Payment Details
Cheque: Plans Plus,  014887
Created: 08/11/2023 15:05
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CLIENT SCALE DRAWN BY DATE
PROJECT NoPROJECT
NO WORKS TO COMMENCE ON SITE UNTIL THE RELEVANT
PLANNING, BUILDING WARRANT OR GRANT APPROVAL HAS
BEEN OBTAINED
CONTRACTORS WILL HAVE DEEMED TO HAVE VISITED
THE SITE TO FAMILIARIZE THEMSELVES WITH THE
PROJECT PRIOR TO SUBMITTING ANY ESTIMATE FOR
BUILDING WORKS
CROWN COPYRIGHT. ALL RIGHTS RESERVED
LICENSE NUMBER 100041145
ANY DEVIATIONS TO APPROVED PLANS TO BE
REPORTED TO THIS OFFICE.
CONTRACTORS TO CHECK ALL DIMENSIONS ON SITE
PRIOR TO COMMENCING BUILDING WORKS
GIVEN DIMENSIONS ONLY TO BE USED
DO NOT SCALE PLANS
ANY ROOF TRUSS TYING INTO AN EXISTING ROOF TO BE
CHECKED ON SITE BY CONTRACTOR TO ENSURE HEIGHTS
MEET CORRECTLY
Ms J Inch 1:50 IR Oct 2023
Proposed new driveway and opening at
31 West Road, Elgin, IV30 1SA 23-17
Location plan 1:2500
Front elevation 1:50
Plan view 1:50
Site plan 1:200
0 5 10 15 20 25metres
proposed new dropped kerbs formed
across new opening width
Section of stone wall between gate opening
and corner piller completely removed
adjacent to footpath
Ex street light
untouched
footpath
West Road
31 2933
Braelossie Place
Outline of proposed wall
section to be removed
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PLANNING DESIGN AND DRAINAGE STATEMENT
PROJECT :- PROPOSED OFF STREET PARKING SPACE AT 31
WEST ROAD ELGIN.
PROJECT NUMBER 23-17
This is an application to remove a section of stone wall on the a section
of the A96 at West Road in Elgin. At present the applicant has nowhere
to park her car anywhere near to her home and this off street parking
space will prove invaluable to her.
The applicant has a small car which fits comfortably in the space either
on an angle or as shown on the plans. The area the car will sit on will be
raised to the same level as the pavement. Drop kerbs along the length
of the access are proposed as indicated on plan.
Whilst it is acknowledged that the council have policies relating to
forming accesses on to trunk roads, these policies are now out-dated
when we are trying to encourage the public to move away from using
petrol and diesel cars and switch to electric vehicles. There is nowhere
available for the applicant to park her electric car nor to charge it. Surely
current policies must be flexible where there is an opportunity to change
to an electric vehicle.
There are no drainage proposals.
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Consultee Comments for Planning Application 23/01973/APP
Application Summary
Application Number: 23/01973/APP
Address: St Hilda 31 West Road Elgin Moray IV30 1SA
Proposal: Proposed off street car parking space
Case Officer: Fiona Olsen
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
Approved unconditionally by Adrian Muscutt, CLO on 15.11.23
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Consultation Request Notification 
Planning Authority Name Moray Council
Response Date  27th November 2023
Planning Authority
Reference
23/01973/APP
Nature of Proposal
(Description)
Proposed off street car parking space
Site St Hilda
31 West Road
Elgin
Moray
IV30 1SA 
Site Postcode N/A
Site Gazetteer UPRN 000133015976
Proposal Location Easting 320563
Proposal Location Northing 862694
Area of application site (M2) 
Additional Comment 
Development Hierarchy
Level
LOCAL
Supporting Documentation
URL
https://publicaccess.moray.gov.uk/eplanning/ce
ntralDistribution.do?caseType=Application&ke
yVal=S3UGSQBGKYV00
Previous Application 
Date of Consultation 13th November 2023
Is this a re-consultation of
an existing application?
No
Applicant Name Ms Joanna  Inch
Applicant Organisation
Name 
Applicant Address St Hilda
31 West Road
Elgin
Moray
IV30 1SA 
Agent Name Plans Plus
Agent Organisation Name Plans Plus
Agent Address
Main Street
URQUHART
By Elgin
Moray
IV30 8LG
Agent Phone Number 
Agent Email Address N/A
Case Officer Fiona Olsen
Case Officer Phone number 01343 563189
Case Officer email address fiona.olsen@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
comment to make.
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The statutory period allowed for a consultation response is 14 days.  Due to scheduling
pressures if a definitive response is not received within 21 days this may well cause the
two month determination period to be exceeded. 
Data Protection - Moray Council is the data controller for this process.  Information collected about
you on this form will be used to process your Planning Application, and the Council has a duty to
process your information fairly.  Information we hold must be accurate, up to date, is kept only for
as long as is necessary and is otherwise shared only where we are legally obliged to do so.  You
have a legal right to obtain details of the information that we hold about you.
For full terms please visit  http://www.moray.gov.uk/moray_standard/page_121513.html 
For full Data Protection policy, information and rights please see
http://www.moray.gov.uk/moray_standard/page_119859.html 
You can contact our Data Protection Officer at info@moray.gov.uk or 01343 562633 for more
information. 
Please respond using the attached form:- 
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MORAY COUNCIL 
PLANNING CONSULTATION RESPONSE 
From:   Transportation Manager 
Planning Application Ref. No: 23/01973/APP
Proposed off street car parking space St Hilda 31 West Road Elgin Moray for Ms Joanna 
Inch 
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 for a new off street car parking space, accessed directly via the A96 (T)
West Road. The proposed arrangement does not appear to offer enough depth to
accommodate a parked car. However as the site is accessed directly via a trunk road the
suitability (or otherwise) of the proposed new access and parking provision would require
to be assessed by Transport Scotland as Trunk Road Authority. Although a street lighting
column is located in close proximity to the proposed new access (and may require to be
re-located) the responsibility for the street lighting at this location also vests with Transport
Scotland. 
On the basis that the new access does not impact upon Moray Council Roads or
infrastructure, Transportation has no comments to make on this proposal. However
Transport Scotland should be consulted so that they can assess the impact of the
development on their Trunk road network.
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. 
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 17 November 2023
email address: transport.develop@moray.gov.uk  
Consultee: TRANSPORTATION 
Return response to  consultation.planning@moray.gov.uk 
Please note that information about the application including consultation responses and representations (whether in support or objection) received on the proposal will be published on the Council’s website at
http://publicaccess.moray.gov.uk/eplanning/  (You can also use this site to track progress of the application and view details of any consultation responses and representations (whether in support or objection) received
on the proposal).  In order to comply with the Data Protection Act, personal information including signatures, personal telephone and email details will be removed prior to publication using “redaction” software to avoid
(or mask) the display of such information.  Where appropriate other “sensitive” information within documents will also be removed prior to publication online.
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Transport Scotland
Roads Directorate
Network Operations - Development Management
Response On Development Affecting Trunk Roads and Special Roads
To: The Moray Council Council Reference:- 23/01973/APP
TS Reference:- NE/242/2023
The Town and Country Planning (Scotland) Act 1997
The Town and Country Planning (Development Management Procedure)
(Scotland) Regulations 2013 S.I.2013 No 155 (S.25)
Town and Country Planning (Notification of Applications) (Scotland) Direction 2009
Application made by Ms Joanna Inch per Colin Keir, Plans Plus Main Street Urquhart, Moray IV30 8LG and received by
Transport Scotland on 23/11/2023 for planning permission for Proposed off street car parking space located at St Hilda
31 West Road Elgin Moray affecting the A96 Trunk Road.
To obtain permission to work within the trunk road boundary, contact the Route Manager through the general contact
number below. The Operating Company has responsibility for co-ordination and supervision of works and after
permission has been granted it is the developer's contractor's responsibility to liaise with the Operating Company
during the construction period to ensure all necessary permissions are obtained.
Director, Trunk Roads Network Management Advice
1. The Director does not propose to advise against the granting of permission
2. The Director advises that planning permission be refused (see overleaf for reasons).
3. The Director advises that the conditions shown overleaf be attached to any permission the council
may give (see overleaf for reasons).
TS Contact:- Area Manager (A96)
0141 272 7100
Transport Scotland, 2nd Floor, George House, 36 North Hanover St, Glasgow G1 2AD
Operating Company:- North East
Address:- Amey, Caledonian House, West Kinfauns, Perth
Telephone Number:- Not Available
e-mail address:- occr-northeast@amey.co.uk
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Transport Scotland
Roads Directorate
Network Operations - Development Management
Response On Development Affecting Trunk Roads and Special Roads
NB - Planning etc. (Scotland) Act 2006
Planning Authorities are requested to provide Transport Scotland, Roads Directorate, Network Operations - Development Management with a copy
of the decision notice, and notify Transport Scotland, Trunk Roads Directorate if the recommended advice is not accepted.
REASON(S) for Refusal
1 The proposed new driveway and opening could potentially result in reversing manoeuvres onto
the A96 trunk road. This will interfere with the safety and free flow of the traffic on the A96 trunk
road.
2 The length of the proposed new driveway, 4.6m, is less that the length generally recommended
for parking spaces. This could potentially result in vehicles obstructing the existing footway on
the A96 trunk road.
Transport Scotland Response Date:- 30/11/2023
Transport Scotland Contact:- Shaun Phillips
Transport Scotland Contact Details:-
Roads - Development Management
Transport Scotland, 2nd Floor, George House, 36 North Hanover St, Glasgow G1 2AD
Telephone Number: 0141 272 7100
e-mail: development_management@transport.gov.scot
Page 2 of 2
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From:
Sent: Wed, 22 Nov 2023 17:38:00 +0000
To: Planning-Comments
Subject: 23/01973/APP
I am writing to you concerning the planning application ref 23/01973/APP. I was looking for clarification on the
application as it seems according to the plan they are using a very narrow shared lane between two properties to
create a driveway. Will this affect the property boundary front wall as I’ve concern that the wall is actually listed.
I’ve been made aware that they plan to park in the garden at the front of their property but this isn’t what the plan
shows.
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REPORT OF HANDLING 
Ref No: 23/01973/APP Officer: Fiona Olsen
Proposal
Description/
Address  
Proposed off street car parking space St Hilda 31 West Road Elgin Moray
Date: 12/01/2024 Typist Initials: DJP 
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 
Contaminated Land 15/11/23 No Objections 
Transportation Manager 17/11/23 No Objections 
Transport Scotland 30/11/23 Objection – 
The proposed new driveway and opening
could potentially result in reversing
manoeuvres onto the A96 trunk road. This
will interfere with the safety and free flow of
the traffic on the A96 trunk road. 
The length of the proposed new driveway,
4.6m, is less that the length generally
recommended for parking spaces. This
could potentially result in vehicles
obstructing the existing footway on the A96
trunk road. 
DEVELOPMENT PLAN POLICY
Policies Dep Any Comments 
(or refer to Observations below)
NPF1 - Tackling the Climate N Complies
NPF2 - Climate mitigation and adaptation N Complies
NPF3 - Biodiversity N Complies
NPF5 - Soils N Complies
NPF13 - Sustainable transport Y See below
NPF16 - Quality homes N Complies
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NPF18 - Infrastructure first Y See below
PP1 Placemaking N Complies
PP2 Sustainable Economic Growth N Complies
PP3 Infrastructure and Services Y See below
DP1 Development Principles Y See below
EP2 Biodiversity N Complies
EP14 Pollution Contamination Hazards N Complies 
REPRESENTATIONS
Representations Received YES 
Total number of representations received: ONE
Names/Addresses of parties submitting representations 
Name and address details of parties submitting representations withheld in accordance with the
General Data Protection Regulations. 
Summary and Assessment of main issues raised by representations
Issue: Seeking clarification on location of proposed driveway 
Comments (PO): Proposal seeks to remove a section of stone wall to the front of the existing
property to form on off-street parking space for a single vehicle. 
Issue: Front wall is listed    
Comments (PO): Neither the existing property nor the front wall are listed. 
OBSERVATIONS – ASSESSMENT OF PROPOSAL 
Proposal    
The application seeks planning permission to remove a section of wall to the front of an existing
dwellinghouse to form an off-street parking space for a single car. The proposal would involve
forming a new access onto the A96 Trunk Road to the south of the site.    
Site    
The site is located at St Hilda, 31 West Road, Elgin. 
The existing main property is a semi-detached dwellinghouse which is bound by the A96 Trunk Road
to the south of the site. Neighbouring properties lie to the east and west (attached).    
Policy Appraisal (MLDP 2020 and NPF4) 
Road Safety and Impact on Trunk Road (PP3, DP1, NPF4 Policy 13) 
The proposals seek to form an off-street parking space for a single car to the front of an existing
dwellinghouse. The development would involve removing a section of garden wall to the front of the
dwelling and forming a new access onto the A96 Trunk Road to the south of the site. At present there
is no off-street parking at the property.    
Policy DP1 (a) states that proposals must provide safe entry and exit from the development and (c)
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states that proposals must provide a safe access to and from the road network and address any
impacts on road safety.    
Policy PP3(b)(i) outlines that development proposals will not be supported where they create new
accesses onto trunk roads unless significant economic benefits are demonstrated or such access is
required to facilitate development that supports the provisions of the development plan.    
NPF4 Policy 13(g) states that development proposals that have the potential to affect the operation
and safety of the Strategic Transport Network will be fully assessed to determine their impact.    
Transport Scotland have been consulted and have advised that planning permission should be
refused due to the following reasons: 
- The proposed new driveway and opening could potentially result in reversing manoeuvres
onto the A96 trunk road. This will interfere with the safety and free flow of the traffic on the A96
trunk road. 
- The length of the proposed new driveway, 4.6m, is less that the length generally
recommended for parking spaces. This could potentially result in vehicles obstructing the
existing footway on the A96 trunk road. 
NPF4 Policy 18(b) requires that the impacts of development proposals on infrastructure should be
mitigated.    
A Planning Design and Drainage Statement has been submitted in support of the application which
outlines that the applicant cannot park a vehicle at home at present and that due to the size of the
vehicle owned, it would fit in the space proposed.  The statement also outlines that due there being
no off-street parking provision at the property, an electric vehicle cannot be charged at the house.
Whilst these points are noted and both policy PP3 and NPF4 Policy 13 seek to improve and enhance
electric vehicle infrastructure, charging will not always be possible in-curtilage. Also, whilst the
applicant notes that their existing car may fit in the proposed parking space, Moray Council Parking
Standards outlines that a standard car parking space should measure no less than 2.5m x 5m and as
such the proposed space would fail to meet this requirement. 
In conclusion, the application will be refused as it proposes a new access onto the A96(T) which is
not permitted by policy PP3.    
In addition, the proposed parking space would fail to meet the size requirements for a standard
parking space as set by Moray Council Parking Standards and if permitted, could result in vehicles
obstructing the footway which would fail to comply with policy DP1 which requires that developments
provide a safe access to and from the road network and NPF4 Policy 18 which require the impact of
proposals on existing infrastructure to be mitigated. 
Transport Scotland were also consulted on the application and advise that the application should be
refused as the proposals could result in reversing manoeuvres onto the A96(T) which would interfere
with the safety and free flow of the traffic on the A96(T). As a result the proposals would also fail to
comply with NPF4 Policy 13 which requires development proposals that have the potential to affect
the operation and safety of the Strategic Transport Network to be fully assessed.    
Siting and Design (DP1, NPF4 Policy 16)  
Policy DP1 requires that the scale, density and character of all development be appropriate to the
surrounding area, be integrated into the surrounding landscape and not adversely impact upon
neighbouring properties in terms of privacy, daylight or overbearing loss of amenity. Policy DP1 also
states that existing stone walls on buildings and boundaries must be retained. Alterations and
extensions must be compatible with the character of the existing building in terms of design, from and
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choice of materials and positioning and meet all other relevant criteria of this policy.    
NPF4 Policy 16 states that householder development proposals will be supported where they do not
have a detrimental impact on the character or environmental quality of the home and surrounding
area in terms of size, design and materials and do not have a detrimental effect on the neighbouring
properties in terms of physical impact, overshadowing or overlooking. 
The proposal seeks to remove a section of front garden wall to form off-street parking for a single car. 
The proposal is small scale and the removal of a small section of wall would be considered
acceptable on this occasion and would not be expected to give rise to any loss of amenity. In this
regard the proposal is deemed to comply with the siting and design criteria set by policy DP1 and
NPF4 Policy 16 however this would not override the aforementioned objections and as such the
application will be refused.    
Climate Change, Biodiversity and Soils (EP2, NPF4 Policies 1, 2, 3 and 5)   
The proposal is a householder development only which would result in minimal impact in terms of
climate change and soil disturbance. It is not necessary to seek formal biodiversity enhancement on
a householder proposal of this scale and therefore in this regard, the proposal is deemed to comply
with NPF4 Policies 1, 2, 3 and 5.       
Conclusion    
The application will be refused as it proposes a new access onto the A96(T) which is not permitted by
policy PP3.    
In addition, the proposed parking space would fail to meet the size requirements for a standard
parking space as set by Moray Council Parking Standards and if permitted, could result in vehicles
obstructing the footway which would fail to comply with policy DP1 which requires that developments
provide a safe access to and from the road network and NPF4 Policy 18 which require the impact of
proposals on existing infrastructure to be mitigated. 
Transport Scotland were also consulted on the application and advise that the application should be
refused as the proposals could result in reversing manoeuvres onto the A96(T) which would interfere
with the safety and free flow of the traffic on the A96(T). As a result the proposals would also fail to
comply with policy DP1 which requires that proposals must provide a safe entry and exit from the
development and NPF4 Policy 13 which requires development proposals that have the potential to
affect the operation and safety of the Strategic Transport Network to be fully assessed. 
OTHER MATERIAL CONSIDERATIONS TAKEN INTO ACCOUNT 
None 
HISTORY
Reference No. Description 
Decision  Date Of Decision   
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ADVERT
Advert Fee paid? No
Local Newspaper Reason for Advert Date of expiry 
Northern Scot Departure from development plan 21/12/23
PINS Departure from development plan 21/12/23 
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 Design and Drainage Statement (ref: 23-17) 
Main Issues:  Outlines that applicant cannot park a vehicle at home at present. Also outlines
that car is small and would fit in the space provided, drop kerbs would also be
provided. 
Outlines that there is no where to charge an electric vehicle at the property. 
.
S.75 AGREEMENT
Application subject to S.75 Agreement  NO
Summary of terms of agreement:   
Location where terms or summary of terms can be inspected:   
DIRECTION(S) MADE BY SCOTTISH MINISTERS (under DMR2008 Regs)
Section 30 Relating to EIA  NO
Section 31 Requiring planning authority to provide information
and restrict grant of planning permission  NO
Section 32 Requiring planning authority to consider the imposition
of planning conditions  NO
Summary of Direction(s)   
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(Page 2 of 3) Ref:  23/01973/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 seeks to form a new access onto the A96(T) Road to provide off-street
parking for one vehicle and is contrary to the Moray Local Development Plan (2020)
and National Planning Framework 4 for the following reasons:
1. The proposals seek to form a new access onto the A96(T) road which is not
permitted by MLDP2020 Policy PP3.
2. The proposed parking space would fail to meet the size requirements for a
standard parking space as set by Moray Council Parking Standards and if
permitted, could result in vehicles obstructing the footway which would fail to
comply with policy DP1 which requires that developments provide a safe
access to and from the road network and NPF4 Policy 18 which require the
impact of proposals on existing infrastructure to be mitigated.
3. The proposals could result in reversing manoeuvres onto the A96(T) which
would interfere with the safety and free flow of the traffic on the A96(T) and
this would fail to comply with policy DP1 which requires that proposals must
provide a safe entry and exit from the development and NPF4 Policy 13 which
requires developments that have the potential to affect the operation and
safety of the Strategic Transport Network to be fully assessed.
LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT
The following plans and drawings form part of the decision:-
Reference Version Title
23~17 Elevations and layout plan
Location plan
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
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(Page 3 of 3) Ref:  23/01973/APP
review should be addressed to The Clerk, Moray Council Local Review Body, Legal
and Committee Services, Council Offices, High Street, Elgin IV30 1BX.  This form is
also available and can be submitted online or downloaded from
www.eplanning.scotland.gov.uk
If permission to develop land is refused or granted subject to conditions and the
owner of the land claims that the land has become incapable of reasonably
beneficial use in its existing state and cannot be rendered capable of reasonably
beneficial use by the carrying out of any development which has been or would be
permitted, the owner of the land may serve on the planning authority a purchase
notice requiring the purchase of the owner of the land’s interest in the land in
accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997.
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APPENDIX 2 
NOTICE OF REVIEW,
GROUNDS FOR REVIEW &
SUPPORTING DOCUMENTS
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The Moray Council Council Office High Street Elgin IV30 1BX  Tel: 0300 1234561  Email: development.control@moray.gov.uk
Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid.
Thank you for completing this application form:
ONLINE REFERENCE 100651089-004
The online reference is the unique reference for your online form only. The  Planning Authority will allocate an Application Number when
your form is validated. Please quote this reference if you need to contact the planning Authority about this application.
Applicant or Agent Details
Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting
on behalf of the applicant in connection with this application)  Applicant  Agent
Agent Details
Please enter Agent details
Company/Organisation:
Ref. Number: You must enter a Building Name or Number, or both: *
First Name: * Building Name:
Last Name: * Building Number:
Address 1
Telephone Number: * (Street): *
Extension Number: Address 2:
Mobile Number: Town/City: *
Fax Number: Country: *
Postcode: *
Email Address: *
Is the applicant an individual or an organisation/corporate entity? *
  Individual    Organisation/Corporate entity
Plans Plus
Colin
Keir
Main Street
Plans Plus Offices
01343 842635
IV30 8LG
Moray
By Elgin
Urquhart
ctkplans@aol.com
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Applicant Details
Please enter Applicant details
Title: You must enter a Building Name or Number, or both: *
Other Title: Building Name:
First Name: * Building Number:
Address 1
Last Name: * (Street): *
Company/Organisation Address 2:
Telephone Number: * Town/City: *
Extension Number: Country: *
Mobile Number: Postcode: *
Fax Number:
Email Address: *
Site Address Details
Planning Authority:
Full postal address of the site (including postcode where available):
Address 1: 
Address 2:
Address 3:
Address 4:
Address 5:
Town/City/Settlement:
Post Code:
Please identify/describe the location of the site or sites
Northing Easting
Ms
ST HILDA
Joanna
Moray Council
Inch
31 WEST ROAD
West Road
31
St Hilda
ELGIN
IV30 1SA
IV30 1SA
UK
862694
Moray
320563
Elgin
ctkplans@aol.com
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Description of Proposal
Please provide a description of your proposal to which your review relates. The description should be the same as given in the
application form, or as amended with the agreement of the planning authority: *
(Max 500 characters)
Type of Application
What type of application did you submit to the planning authority? *
  Application for planning permission (including householder application but excluding application to work minerals).
  Application for planning permission in principle.
  Further application.
  Application for approval of matters specified in conditions.
What does your review relate to? *
  Refusal Notice.
 Grant of permission with Conditions imposed.
  No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal.
Statement of reasons for seeking review
You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement
must set out all matters you consider require  to be taken into account in determining your review. If necessary this can be provided as a
separate document in the ‘Supporting Documents’ section: *  (Max 500 characters)
Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce
all of the information you want the decision-maker to take into account.
You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at
the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that
time or that it not being raised before that time is a consequence of exceptional circumstances.
Have you raised any matters which were not before the appointed officer  at the time the  Yes   No
Determination on your application was made? *
If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before
your application was determined and why you consider it should be considered in your review: * (Max 500 characters)
Proposed off street car parking space at St Hilda 31 West Road Elgin IV30 1SA
See separate sheet.
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Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend
to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters)
Application Details
Please provide the application reference no. given to you by your planning
authority for your previous application.
What date was the application submitted to the planning authority? *
What date was the decision issued by the planning authority? *
Review Procedure
The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review
process require that further information or representations be made to enable them to determine the review. Further information may be
required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or
inspecting the land which is the subject of the review case.
Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other
parties only,  without any further procedures? For example, written submission, hearing session, site inspection. *
 Yes   No
Please indicate what procedure (or combination of procedures) you think is most appropriate for the handling of your review. You may
select more than one option if you wish the review to be a combination of procedures.
Please select a further procedure *
Please explain in detail in your own words why this further procedure is required and the matters set out in your statement of appeal it
will deal with?  (Max 500 characters)
In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion:
Can the site be clearly seen from a road or public land? *  Yes   No
Is it possible for the site to be accessed safely and without barriers to entry? *  Yes    No
Decision notice Report of handling Location plan Drawing Supporting statement
23/01973/APP
17/01/2024
By means of inspection of the land to which the review relates
09/11/2023
A site visit will allow members to view the lack of infrastructure in terms of public charging points and to assess if parking off street
on West Road is considered dangerous in terms of the Trunk Road designation
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Checklist – Application for Notice of Review
Please complete the following checklist to make sure  you have provided all the necessary information in support of your appeal. Failure
to submit all this  information may result in your appeal  being deemed invalid.
Have you provided the name and address of the applicant?.  *  Yes   No
Have you provided the date and reference number of the application which is the subject of this  Yes   No
review? *
If you are the agent, acting on behalf of the applicant, have you provided details of your name  Yes   No   N/A
and address and indicated whether any notice or correspondence required in connection with the
review should be sent to you or the applicant? *
Have you provided a statement setting out your reasons for requiring a review and by what  Yes   No
procedure (or combination of procedures) you wish the review to be conducted? *
Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider
require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review
at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely
on and wish the Local Review Body to consider as part of your review.
Please attach a copy of all documents, material and evidence which you intend to rely on  Yes   No
(e.g. plans and Drawings) which are now the subject of this review *
Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a
planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the
application reference number, approved plans and decision notice (if any) from the earlier consent.
Declare – Notice of Review
I/We the applicant/agent certify that this is an application for review on the grounds stated.
Declaration Name: Mr Colin Keir
Declaration Date: 09/04/2024
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MORAY LOCAL REVIEW BODY 
16 MAY 2024 
SUMMARY OF INFORMATION FOR CASE No LR301 
Planning Application 23/01971/APP – Convert front section of garage to hair
salon retaining rear section as garden store at 7 Mitchell Crescent, Elgin 
Ward 6 – Elgin City North 
Planning permission was refused under the Statutory Scheme of Delegation by the
Appointed Officer on 6 March 2024 on the grounds that: 
The proposal is contrary to the provisions of the Development Plan because: 
i. A bespoke hair salon is an incompatible use within a domestic garage in the
confines of a residential property. 
ii. The salon within the private residential property is incompatible with the
residential location, and, the increase in footfall and traffic movements with
their associated noise and disturbance would have an adverse impact on the
residential amenity of the surrounding residential properties. 
The proposal is therefore contrary to NPF Policies 26 b) and 14 c) and MLDP 2020
Policies DP1 (i) a) and PP2 of the Development Plan. 
Documents considered or prepared by the Appointed Officer in respect of the above
planning application are attached as Appendix 1. 
The Notice of the Review, Grounds for Review and any supporting documents
submitted by the Applicant are attached as Appendix 2. 
No further representations were received.
Item 5
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Hall
to
4 to 6
1 to 3
7 to 10
Millcourt
11 to 14
26 to 30
Pheasant
Millbrae
Brodie
The
Millbank
17 19
EAST HIGH STREET
DRIVE
Darisse
BLANE PLACE
Cottage
BRODIENORTH
STREET
26.3m
26.0m
27.9m
26.2m
3
46
44
32
22
36
50
54
20
14
15
7
1
9
6
21
2
4
5
42
40
38
23
31
25
17
2826
8
50a
16
41
18
33
27
24
11
13
5a
59
12
4b4a2a
39
37
26a
43
45
Clyne
LB
EAST BACK STREET
Newark
Dunroamyn
MITCHELL CRESCENT
18
41
8
24
39
26
21
42
2
to
13
7
9
11
50
5
1
6
54
20
5
32
32
4
18 20
44
1
6
3
2
8
14
15
4
1
6
3
27
Location plan for Planning Application Reference Number :
23/01971/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 71

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APPENDIX 1 
DOCUMENTS CONSIDERED
OR PREPARED BY THE
APPOINTED OFFICER
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The Moray Council Council Office High Street Elgin IV30 1BX  Tel: 0300 1234561  Email: development.control@moray.gov.uk
Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid.
Thank you for completing this application form:
ONLINE REFERENCE 100651066-001
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 front section of garage to hair salon retaining rear section as garden store at 7 Mitchell Crescent Elgin
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Page 2 of 8
Agent Details
Please enter Agent details
Company/Organisation:
Ref. Number: You must enter a Building Name or Number, or both: *
First Name: * Building Name:
Last Name: * Building Number:
Address 1
Telephone Number: * (Street): *
Extension Number: Address 2:
Mobile Number: Town/City: *
Fax Number: Country: *
Postcode: *
Email Address: *
Is the applicant an individual or an organisation/corporate entity? *
  Individual    Organisation/Corporate entity
Applicant Details
Please enter Applicant details
Title: You must enter a Building Name or Number, or both: *
Other Title: Building Name:
First Name: * Building Number:
Address 1
Last Name: * (Street): *
Company/Organisation Address 2:
Telephone Number: * Town/City: *
Extension Number: Country: *
Mobile Number: Postcode: *
Fax Number:
Email Address: *
Plans Plus
Miss
Colin
Miglena
Keir
Stefanova
Main Street
Mitchell Crescent
7
Plans Plus Offices
01343 842635
IV30 8LG
IV30 4EH
Moray
UK
By Elgin
Moray
Urquhart
Elgin
ctkplans@aol.com
ctkplans@aol.com
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Page 3 of 8
Site Address Details
Planning Authority:
Full postal address of the site (including postcode where available):
Address 1: 
Address 2:
Address 3:
Address 4:
Address 5:
Town/City/Settlement:
Post Code:
Please identify/describe the location of the site or sites
Northing Easting
Pre-Application Discussion
Have you discussed your proposal with the planning authority? *  Yes   No
Site Area
Please state the site area:
Please state the measurement type used:  Hectares (ha)   Square Metres (sq.m)
Existing Use
Please describe the current or most recent use: *  (Max 500 characters)
Access and Parking
Are you proposing a new altered vehicle access to or from a public road? *  Yes   No
If Yes please describe and show on your drawings the position of any existing. Altered or new access points, highlighting the changes
you propose to make. You should also show existing footpaths and note if there will be any impact on these.
7 MITCHELL CRESCENT
0.04
Domestic house and garage
Moray Council
ELGIN
IV30 4EH
863612 321557
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Page 4 of 8
Are you proposing any change to public paths, public rights of way or affecting any public right of access? *  Yes   No
If Yes please show on your drawings the position of any affected areas highlighting the changes you propose to make, including
arrangements for continuing or alternative public access.
How many vehicle parking spaces (garaging and open parking) currently exist on the application
Site?
How many vehicle parking spaces (garaging and open parking) do you propose on the site (i.e. the
Total of existing and any new spaces or a reduced number of spaces)? *
Please show on your drawings the position of existing and proposed parking spaces and identify if these are for the use of particular
types of vehicles (e.g. parking for disabled people, coaches, HGV vehicles, cycles spaces).
Water Supply and Drainage Arrangements
Will your proposal require new or altered water supply or drainage arrangements? *  Yes   No
Are you proposing to connect to the public drainage network (eg. to an existing sewer)? *
  Yes – connecting to public drainage network
  No – proposing to make private drainage arrangements
  Not Applicable – only arrangements for water supply required
Do your proposals make provision for sustainable drainage of surface water?? *  Yes   No
(e.g. SUDS arrangements) *
Note:-
Please include details of SUDS arrangements on your plans
Selecting ‘No’ to the above question means that you could be in breach of Environmental legislation.
Are you proposing to connect to the public water supply network? *
  Yes
  No, using a private water supply
  No connection required
If No, using a private water supply, please show on plans the supply and all works needed to provide it (on or off site).
Assessment of Flood Risk
Is the site within an area of known risk of flooding? *  Yes    No   Don’t Know
If the site is within an area of known risk of flooding you may need to submit a Flood Risk Assessment before your application can be
determined. You may wish to contact your Planning Authority or SEPA for advice on what information may be required.
Do you think your proposal may increase the flood risk elsewhere? *  Yes    No   Don’t Know
Trees
Are there any trees on or adjacent to the application site? *  Yes   No
If Yes, please mark on your drawings any trees, known protected trees and their canopy spread close to the proposal site and indicate if
any are to be cut back or felled.
Waste Storage and Collection
Do the plans incorporate areas to store and aid the collection of waste (including recycling)? *  Yes   No
3
2
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If Yes or No, please provide further details: * (Max 500 characters)
Residential Units Including Conversion
Does your proposal include new or additional houses and/or flats? *  Yes   No
All Types of Non Housing Development – Proposed New Floorspace
Does your proposal alter or create non-residential floorspace? *  Yes   No
All Types of Non Housing Development – Proposed New Floorspace
Details
For planning permission in principle applications, if you are unaware of the exact proposed floorspace dimensions please provide an
estimate where necessary and provide a fuller explanation in the ‘Don’t Know’ text box below.
Please state the use type and proposed floorspace (or number of rooms if you are proposing a hotel or residential institution): *
Gross (proposed) floorspace (In square meters, sq.m) or number of new (additional)
Rooms (If class 7, 8 or 8a): *
If Class 1, please give details of internal floorspace:
Net trading spaces: Non-trading space:
Total:
If Class ‘Not in a use class’ or ‘Don’t know’ is selected, please give more details: (Max 500 characters)
Schedule 3 Development
Does the proposal involve a form of development listed in Schedule 3 of the Town and Country  Yes   No   Don’t Know
Planning (Development Management Procedure (Scotland) Regulations 2013 *
If yes, your proposal will additionally have to be advertised in a newspaper circulating in the area of the development. Your planning
authority will do this on your behalf but will charge you a fee. Please check the planning authority’s website for advice on the additional
fee and add this to your planning fee.
If you are unsure whether your proposal involves a form of development listed in Schedule 3, please check the Help Text and Guidance
notes before contacting your planning authority.
Planning Service Employee/Elected Member Interest
Is the applicant, or the applicant’s spouse/partner, either a member of staff within the planning service or an  Yes    No
elected member of the planning authority? *
Normal house recycling bins. No trade waste as such
Class 2 Financial, professional and other services
10 sq.m
10
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Certificates and Notices
CERTIFICATE AND NOTICE UNDER REGULATION 15 – TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT
PROCEDURE) (SCOTLAND) REGULATION 2013
One Certificate must be completed and submitted along with the application form. This is most usually Certificate A, Form 1,
Certificate B, Certificate C or Certificate E.
Are you/the applicant the sole owner of ALL the land? *  Yes    No
Is any of the land part of an agricultural holding? *  Yes    No
Certificate Required
The following Land Ownership Certificate is required to complete this section of the proposal:
Certificate A
Land Ownership Certificate
Certificate and Notice under Regulation 15 of the Town and Country Planning (Development Management Procedure) (Scotland)
Regulations 2013
Certificate A
I hereby certify that –
(1) - No person other than myself/the applicant was an owner (Any person who, in respect of any part of the land, is the owner or is the
lessee under a lease thereof of which not less than 7 years remain unexpired.) of any part of the land to which the application relates at
the beginning of the period of 21 days ending with the date of the accompanying application.
(2) - None of the land to which the application relates constitutes or forms part of an agricultural holding
Signed: Colin Keir
On behalf of: Miss Miglena Stefanova
Date: 08/11/2023
 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
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Town and Country Planning (Scotland) Act 1997
The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013
d) If this is an application for planning permission and the application relates to development belonging to the categories of national or
major developments and you do not benefit from exemption under Regulation 13 of The Town and Country Planning (Development
Management Procedure) (Scotland) Regulations 2013, have you provided a Design and Access Statement? *
 Yes   No   Not applicable to this application
e) If this is an application for planning permission and relates to development belonging to the category of local developments (subject
to regulation 13. (2) and (3) of the Development Management Procedure (Scotland) Regulations 2013) have you provided a Design
Statement? *
 Yes   No   Not applicable to this application
f) If your application relates to installation of an antenna to be employed in an electronic communication network, have you provided an
ICNIRP Declaration? *
 Yes   No   Not applicable to this application
g) If this is an application for planning permission, planning permission in principle, an application for approval of matters specified in
conditions or an application for mineral development, have you provided any other plans or drawings as necessary:
  Site Layout Plan or Block plan.
  Elevations.
  Floor plans.
  Cross sections.
  Roof plan.
  Master Plan/Framework Plan.
  Landscape plan.
  Photographs and/or photomontages.
  Other.
If Other, please specify: *  (Max 500 characters)
Provide copies of the following documents if applicable:
A copy of an Environmental Statement. *  Yes   N/A
A Design Statement or Design and Access Statement. *  Yes   N/A
A Flood Risk Assessment. *  Yes   N/A
A Drainage Impact Assessment (including proposals for Sustainable Drainage Systems). *  Yes   N/A
Drainage/SUDS layout. *  Yes   N/A
A Transport Assessment or Travel Plan  Yes   N/A
Contaminated Land Assessment. *  Yes   N/A
Habitat Survey. *  Yes   N/A
A Processing Agreement. *  Yes   N/A
Other Statements (please specify). (Max 500 characters)
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Declare – For Application to Planning Authority
I, the applicant/agent certify that this is an application to the planning authority as described in this form. The accompanying
Plans/drawings and additional information are provided as a part of this application.
Declaration Name: Mr Colin Keir
Declaration Date: 08/11/2023
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SW Public
General
Wednesday, 22 November 2023 
Local Planner
Development Services
Moray Council
Elgin
IV30 1BX 
Dear Customer, 
7 Mitchell Crescent, Elgin, IV30 4EH
Planning Ref: 23/01971/APP 
Our Ref: DSCAS-0098859-RVM
Proposal: Convert front section of garage to hair salon retaining rear section
as garden store 
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: 
Waste Water Capacity Assessment 
 This proposed development will be serviced by Moray West Waste Water Treatment
Works. 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. 
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. 
Development Operations
The Bridge
Buchanan Gate Business Park
Cumbernauld Road
Stepps
Glasgow
G33 6FB 
Development Operations
Freephone  Number - 0800 3890379
E-Mail - DevelopmentOperations@scottishwater.co.uk
www.scottishwater.co.uk 
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SW Public
General
There may be limited exceptional circumstances where we would allow such a connection
for brownfield sites only, however this will require significant justification from the customer
taking account of various factors including legal, physical, and technical challenges. 
In order to avoid costs and delays where a surface water discharge to our combined sewer
system is anticipated, the developer should contact Scottish Water at the earliest opportunity
with strong evidence to support the intended drainage plan prior to making a connection
request. We will assess this evidence in a robust manner and provide a decision that reflects
the best option from environmental and customer perspectives. 
General notes: 
 Scottish Water asset plans can be obtained from our appointed asset plan providers: 
 Site Investigation Services (UK) Ltd
 Tel: 0333 123 1223  
 Email: sw@sisplan.co.uk
 www.sisplan.co.uk 
 Scottish Water’s current minimum level of service for water pressure is 1.0 bar or
10m head at the customer’s boundary internal outlet.  Any property which cannot be
adequately serviced from the available pressure may require private pumping
arrangements to be installed, subject to compliance with Water Byelaws. If the
developer wishes to enquire about Scottish Water’s procedure for checking the water
pressure in the area, then they should write to the Customer Connections department
at the above address. 
 If the connection to the public sewer and/or water main requires to be laid through
land out-with public ownership, the developer must provide evidence of formal
approval from the affected landowner(s) by way of a deed of servitude. 
 Scottish Water may only vest new water or waste water infrastructure which is to be
laid through land out with public ownership where a Deed of Servitude has been
obtained in our favour by the developer. 
 The developer should also be aware that Scottish Water requires land title to the
area of land where a pumping station and/or SUDS proposed to vest in Scottish
Water is constructed. 
 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. 
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SW Public
General
Where it is confirmed through the PDE process that mitigation works are necessary
to support a development, the cost of these works is to be met by the developer,
which Scottish Water can contribute towards through Reasonable Cost Contribution
regulations. 
 Non Domestic/Commercial Property: 
Since the introduction of the Water Services (Scotland) Act 2005 in April 2008 the
water industry in Scotland has opened to market competition for non-domestic
customers.  All Non-domestic Household customers now require a Licensed Provider
to act on their behalf for new water and waste water connections. Further details can
be obtained at www.scotlandontap.gov.uk 
 Trade Effluent Discharge from Non-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, 
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SW Public
General 
Angela Allison
Development Services Analyst
PlanningConsultations@scottishwater.co.uk 
Scottish Water Disclaimer: 
“It is important to note that the information on any such plan provided on Scottish Water’s
infrastructure, is for indicative purposes only and its accuracy cannot be relied upon.  When the
exact location and the nature of the infrastructure on the plan is a material requirement then you
should undertake an appropriate site investigation to confirm its actual position in the ground and
to determine if it is suitable for its intended purpose.  By using the plan you agree that Scottish
Water will not be liable for any loss, damage or costs caused by relying upon it or from carrying
out any such site investigation."
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Consultation Request Notification
Planning Authority Name Moray Council
Response Date 5th December 2023
Planning Authority
Reference
23/01971/APP
Nature of Proposal
(Description)
Convert front section of garage to hair salon retaining
rear section as garden store at
Site 7 Mitchell Crescent
Elgin
Moray
IV30 4EH
Site Postcode N/A
Site Gazetteer UPRN 000133024858
Proposal Location Easting 321557
Proposal Location Northing 863612
Area of application site (M2) 400
Additional Comment
Development Hierarchy
Level
LOCAL
Supporting Documentation
URL
https://publicaccess.moray.gov.uk/eplanning/ce
ntralDistribution.do?caseType=Application&ke
yVal=S3UGSNBGKYP00
Previous Application 23/01478/ID
Date of Consultation 21st November 2023
Is this a re-consultation of
an existing application?
No
Applicant Name Miss Miglena Stefanova
Applicant Organisation
Name
Applicant Address 7 Mitchell Crescent
Elgin
Moray
IV30 4EH
Agent Name Plans Plus
Agent Organisation Name Plans Plus
Agent Address
Main Street
URQUHART
By Elgin
Moray
IV30 8LG
Agent Phone Number
Agent Email Address N/A
Case Officer Shona Strachan
Case Officer Phone number 01343 563303
Case Officer email address shona.strachan@moray.gov.uk
PA Response To consultation.planning@moray.gov.uk
NOTE:
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If you do not respond by the response date, it will be assumed that you have no
comment to make.
The statutory period allowed for a consultation response is 14 days.  Due to scheduling
pressures if a definitive response is not received within 21 days this may well cause the
two month determination period to be exceeded.
Data Protection - Moray Council is the data controller for this process.  Information collected about
you on this form will be used to process your Planning Application, and the Council has a duty to
process your information fairly.  Information we hold must be accurate, up to date, is kept only for
as long as is necessary and is otherwise shared only where we are legally obliged to do so.  You
have a legal right to obtain details of the information that we hold about you.
For full terms please visit  http://www.moray.gov.uk/moray_standard/page_121513.html
For full Data Protection policy, information and rights please see
http://www.moray.gov.uk/moray_standard/page_119859.html
You can contact our Data Protection Officer at info@moray.gov.uk or 01343 562633 for more
information.
Please respond using the attached form:-
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MORAY COUNCIL
PLANNING CONSULTATION RESPONSE
From:   Environmental Health Manager
Planning Application Ref. No: 23/01971/APP
Convert front section of garage to hair salon retaining rear section as garden store at 7
Mitchell Crescent Elgin Moray IV30 4EH for Miss Miglena Stefanova
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

Condition(s)
This Section recommends approval of the development subject to the following condition-
Unless otherwise agreed in writing with the Planning Authority, the use of the development
shall be permitted between the hours of 1500 to 1800 hours from Tuesday to Saturdays.
Informative
The premises will require to comply with the Health and safety at Work etc Act 1974 and
associated regulations.
Contact: Douglas Caldwell Date……08.12.23……………………..
email address: Phone No  ……………………………..
Consultee:
Return response to consultation.planning@moray.gov.uk
Please note that information about the application including consultation responses and
representations (whether in support or objection) received on the proposal will be published on the
Council’s website at http://publicaccess.moray.gov.uk/eplanning/  (You can also use this site to
track progress of the application and view details of any consultation responses and
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representations (whether in support or objection) received on the proposal).  In order to comply
with the Data Protection Act, personal information including signatures, personal telephone and
email details will be removed prior to publication using “redaction” software to avoid (or mask) the
display of such information.  Where appropriate other “sensitive” information within documents will
also be removed prior to publication online.
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Re-consultation Request Notification 
Planning Authority Name Moray Council
Response Date  5th February 2024
Planning Authority
Reference
23/01971/APP
Nature of Proposal
(Description)
Convert front section of garage to hair salon retaining
rear section as garden store at
Site 7 Mitchell Crescent
Elgin
Moray
IV30 4EH 
Site Postcode N/A
Site Gazetteer UPRN 000133024858
Proposal Location Easting 321557
Proposal Location Northing 863612
Area of application site (M2) 400
Additional Comments 
Development Hierarchy
Level
LOCAL
Supporting Documentation
URL
https://publicaccess.moray.gov.uk/eplanning/ce
ntralDistribution.do?caseType=Application&ke
yVal=S3UGSNBGKYP00
Previous Application 23/01478/ID 
Date of Consultation 22nd January 2024
Is this a re-consultation of
an existing application?
Yes
Applicant Name Miss Miglena Stefanova
Applicant Organisation
Name 
Applicant Address 7 Mitchell Crescent
Elgin
Moray
IV30 4EH 
Agent Name Plans Plus
Agent Organisation Name Plans Plus
Agent Address
Main Street
URQUHART
By Elgin
Moray
IV30 8LG
Agent Phone Number 
Agent Email Address N/A
Case Officer Shona Strachan
Case Officer Phone number 01343 563303
Case Officer email address shona.strachan@moray.gov.uk
PA Response To consultation.planning@moray.gov.uk 
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NOTE:
If you do not respond by the response date, it will be assumed that you have no
comment to make. 
The statutory period allowed for a consultation response is 14 days.  Due to scheduling
pressures if a definitive response is not received within 21 days this may well cause the
two month determination period to be exceeded. 
Data Protection - Moray Council is the data controller for this process.  Information collected about
you on this form will be used to process your Planning Application, and the Council has a duty to
process your information fairly.  Information we hold must be accurate, up to date, is kept only for
as long as is necessary and is otherwise shared only where we are legally obliged to do so.  You
have a legal right to obtain details of the information that we hold about you.
For full terms please visit  http://www.moray.gov.uk/moray_standard/page_121513.html 
For full Data Protection policy, information and rights please see
http://www.moray.gov.uk/moray_standard/page_119859.html 
You can contact our Data Protection Officer at info@moray.gov.uk or 01343 562633 for more
information. 
Please respond using the attached form:- 
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MORAY COUNCIL 
PLANNING CONSULTATION RESPONSE 
From:   Transportation Manager 
Planning Application Ref. No: 23/01971/APP
Convert front section of garage to hair salon retaining rear section as garden store at 7
Mitchell Crescent Elgin Moray IV30 4EH for Miss Miglena Stefanova 
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 part of an existing residential garage to a small hair salon. The
applicant has submitted supporting details clarifying the operating arrangements (max one
client at any time and max three clients per day, and with the occupier being the sole
member of staff), which are considered to result in an only minimal increase in vehicular
trips to and from the property. The property driveway/access is to be altered to
accommodate an additional visitor parking space. 
Note – for clarity although the submitted details show the removal of the full extents of the
existing boundary wall fronting onto Mitchell Crescent, the section of boundary wall
presently located along the rear edge of the public footway should be retained, and
essentially with only the indented section removed. This will facilitate access to the new
parking space but also enable the existing drop kerbs to be utilised without alteration. It
would also reduce any loss of on street parking availability outside the property (and
ensure that vehicles are not tempted to bump over the full height kerbs). The following
conditions would therefore apply:
Condition(s)
1. Notwithstanding the submitted details prior to the first use of the garage as a hair salon
a section of the existing (indented) boundary wall and pedestrian gate fronting onto the
U171E Mitchell Crescent shall be removed to extend the existing access to a width of
no greater than 5.0m. Access to the widened driveway/parking area thereafter shall be
provided via the existing unaltered drop kerbs.   
Reason: To ensure acceptable infrastructure at the development access 
2. Parking provision shall be the following:
• 2 spaces retained for the property; and
• 1 space provided for customers. 
The car parking spaces shall be provided within the site prior to the first use of the garage
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as a hair salon and made available for use by staff and customers 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/customers/others in the interests of an acceptable development and road safety. 
3. No water shall be permitted to drain or loose material be carried onto the public
footway/carriageway. 
Reason: To ensure the safety and free flow of traffic on the public road and access to the
site by minimising the road safety impact from extraneous material and surface water in
the vicinity of the widened access.
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. 
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.
Before starting any work on the existing public road the applicant is obliged to apply for a
road opening permit in accordance with Section 56 of the Roads (Scotland) Act 1984. 
This includes any temporary access joining with the public road.   Advice on these matters
can be obtained by emailing roadspermits@moray.gov.uk
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. 
No building materials/scaffolding/builder’s skip shall obstruct the public road (including
footpaths) without permission from the Roads Authority. 
Contact: AG Date 25 January 2024
email address: transport.develop@moray.gov.uk  
Consultee: TRANSPORTATION 
Return response to  consultation.planning@moray.gov.uk 
Please note that information about the application including consultation responses and representations (whether in support or objection) received on the proposal will be published on the Council’s website at
http://publicaccess.moray.gov.uk/eplanning/  (You can also use this site to track progress of the application and view details of any consultation responses and representations (whether in support or objection) received
on the proposal).  In order to comply with the Data Protection Act, personal information including signatures, personal telephone and email details will be removed prior to publication using “redaction” software to avoid
(or mask) the display of such information.  Where appropriate other “sensitive” information within documents will also be removed prior to publication online. 
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REPORT OF HANDLING 
Ref No: 23/01971/APP Officer: Shona Strachan
Proposal
Description/
Address  
Convert front section of garage to hair salon retaining rear section as garden store at
7 Mitchell Crescent Elgin Moray IV30 4EH
Date: 04/03/2024 Typist Initials: EW 
RECOMMENDATION
Approve, without or with condition(s) listed below 
Refuse, subject to reason(s) listed below Y
Legal Agreement required e.g. S.75 
Notification to Scottish Ministers/Historic Scotland 
Hearing requirements
Departure 
Pre-determination 
CONSULTATIONS
Consultee Date
Returned Summary of Response 
Transportation Manager 25/01/24
No objection following the submission of an
amended plan which shows how 3 parking
spaces could be achieved on site.   
Environmental Health Manager 08/12/23
No objection with conditions which would
seek to control the hours of operation, and
an informative note that the premises would
have to comply with Health and Safety at
work regulations.   
Scottish Water 22/11/23 No objection subject to the applicant
undertaking the Scottish Water Pre-
Development Enquiry Process.   
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Page 2 of 6 
DEVELOPMENT PLAN POLICY
Policies Dep Any Comments 
(or refer to Observations below)
National Planning Framework 2023   
NPF14 - Design, quality and place Y 
NPF26 - Business and industry Y 
NPF1 - Tackling the Climate N 
NPF2 - Climate mitigation and adaptation N 
NPF3 - Biodiversity N 
NPF13 - Sustainable transport N 
Moray Local Development Plan 2020   
PP2 Sustainable Economic Growth Y 
PP3 Infrastructure and Services N 
DP1 Development Principles Y 
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 
Legislative Framework  
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 (NPF4) and adopted
Moray Local Development Plan 2020 (MLDP) unless material considerations indicate otherwise.  
The main planning issues are considered below: 
Proposal 
Planning permission is sought to convert the front section of an existing domestic garage to a hair
salon at 7 Mitchell Cresent Elgin.  The rear section of the garage would be used as a garden store. 
Physical alterations to the garage would entail replacing the existing garage door with an entrance
door with glass panel surround and blocking off an existing side door.  Internally the garage would be
partitioned to create the front bespoke salon space and the rear garden store.   
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Page 3 of 6
As advised in the supporting statement, the proposed operating arrangements entail: The hair salon
operating between 3pm and 6pm Tuesday to Saturday with the applicant being the only person
working in the salon.  It is anticipated that there would be a maximum of 3 clients per day with 1 client
in attendance at any one time.    
During the course of the application the applicant/agent submitted revised plans to show the removal
of the existing front boundary wall to show how three parking spaces would be achieved on site.  The
provision of three parking spaces on site would allow for 2 parking spaces for the property and 1
space for customers.  Following the submission of the revised plan, further neighbour notification on
the proposals was undertaken.   
Site 
7 Mitchell Cresent is part of an adjoining row of residential properties on a residential street in Elgin. 
Properties No1 to and including No7 make up the adjoining row of properties.  Neighbouring property
No9 is separated from No7 by their driveways but their garages adjoin.   
North Street which is a busy mixed use street is located approximately 100m meters to the east of
the site.  However, Mitchell Cresent itself is characterised as a residential street.            
Policy Assessment  
NPF Policy 26 Business and Industry Part b)  
Development proposals for home working, live work units and micro-businesses will be supported
where it is demonstrated that the scale and nature of the proposed business and building will be
compatible with the surrounding area and there will be no unacceptable impacts on amenity or
neighbouring uses. 
NPF Policy 14 Design, Quality and Place Part c)  
Development proposals that are poorly designed, detrimental to the amenity of the surrounding area
or inconsistent with the six qualities of successful places, will not be supported.    
MLDP 2020 Policy DP1 Development Principles  
Policy DP1 (i) a) requires that the scale, density and character of a development must be appropriate
to the surrounding area and create a sense of place. Proposals must also not adversely impact upon
neighbouring properties in terms of privacy, daylight or overbearing loss of amenity.    
MLDP 2020 Policy PP2 Sustainable Economic Growth  
Policies PP2 promote sustainable economic growth provided all potential impacts can be successfully
mitigated. 
In this case, whilst it is recognised that the application proposal is for the hair salon to operate
between 3pm and 6pm Tuesday to Saturday with the applicant being the only person working in the
salon and likely customer numbers to be in the region of 3 clients per day with 1 client in attendance
at any one time.    A hair salon is not a typical use ordinarily associated or compatible with residential
use. Further, it is considered that given the proposal would entail the creation of a bespoke salon
within a domestic garage building within the confines of a private home, it would not possible to
practically or effectively enforce any such planning condition(s) which would seek to restrict the
operation of the hair salon to the hours, days and numbers of clients identified by the applicant.    
Therefore, the operation of the salon use with uncontrolled hours, days and numbers of clients would
result in an increase of footfall and traffic movements with their associated noise and disturbance
which would have a significant adverse impact on the residential amenity of the surrounding
residential properties. 
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Page 4 of 6
Taking account of the above considerations, the hair salon is incompatible with the existing
residential use and given that the operations of a salon within a domestic garage within the confines
of a private home cannot be controlled by planning condition; it is considered that the increase in
footfall and traffic movements and their associated noise and disturbance would have a significant
adverse impact on the residential amenity of the surrounding residential properties. 
In light of the above the proposal is deemed to result in an adverse impact on the residential amenity
of the surrounding area and as such is contrary to policies NPF 26b & 14c and MLDP DP1 and PP2.  
Design Considerations NPF14 and MLDP 2020 DP1  
The external alterations associated with the change of use would be acceptable and in and of
themselves would not create any adverse amenity impacts. The proposal meets the design
requirements of Policies NPF14 and MLDP 2020 DP1. However, this is separate from the
unacceptable use of the bespoke hair salon. 
Access and Parking (NPF13 / MLDP DP1 & PP3)  
Policy 13 Sustainable Transport and policy DP1 require that proposals must provide a safe entry and
exit from the development and conform with the Council's current policy on Parking Standards. 
The Transportation Section has raised no objection to the proposal based on the submission of
revised plans which show how the 3 parking spaces could be achieved on site allowing for 2 parking
spaces for the property and 1 space for customers.  Transportation has recommended conditions
which would detail the required access and parking specifications.  Subject to compliance with these
conditions the proposal would be acceptable under Policies NPF13 and the access and parking
requirements of Policy DP1 and PP3.  However, this is separate from the unacceptable use of the
salon. 
Climate Change and Biodiversity (NPF4 policies 1, 2 & 3)  
NPF4 policies 1 and 2 require significant weight to be given to the climate and nature crises in the
assessment of all applications and requires climate mitigation from all development. Policy 3 requires
biodiversity enhancements. The proposal is of small scale nature that will result in minimal impact in
terms of climate change. Biodiversity enhancements are not considered appropriate for a
development of this nature in this location. The criteria in the policy has been met. However, this is
separate from the unacceptable use of the bespoke salon. 
Recommendation  
Refuse 
OTHER MATERIAL CONSIDERATIONS TAKEN INTO ACCOUNT 
None.
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Page 5 of 6 
HISTORY
Reference No. Description 
Operate hairdressing business at 7 Mitchell Crescent Elgin Moray IV30 4EH 
23/01478/ID Decision
Planning
Permission
Required Date Of Decision 07/09/23   
ADVERT
Advert Fee paid? N/A
Local Newspaper Reason for Advert Date of expiry 
DEVELOPER CONTRIBUTIONS (PGU)
Status 
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:  Supporting Statement 
Main Issues:  Seeks to provide comments in support of the application and details the
operating arrangements.   
The proposed operating arrangements entail: The hair salon operating between
3pm and 6pm Tuesday to Saturday with the applicant being the only person
working in the salon.  It is anticipated that there would be a maximum of 3 clients
per day with 1 client in attendance at any one time.     
S.75 AGREEMENT
Application subject to S.75 Agreement  NO
Summary of terms of agreement:   
Location where terms or summary of terms can be inspected:   
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Page 6 of 6
DIRECTION(S) MADE BY SCOTTISH MINISTERS (under DMR2008 Regs)
Section 30 Relating to EIA  NO
Section 31 Requiring planning authority to provide information
and restrict grant of planning permission  NO
Section 32 Requiring planning authority to consider the imposition
of planning conditions  NO
Summary of Direction(s)   
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(Page 2 of 3) Ref:  23/01971/APP
IMPORTANT
YOUR ATTENTION IS DRAWN TO THE REASONS and NOTES BELOW
SCHEDULE OF REASON(S) FOR REFUSAL
By this Notice, Moray Council has REFUSED this proposal.  The Council’s reason(s)
for this decision are as follows: -
The proposal is contrary to the provisions of the Development Plan because:
i) A bespoke hair salon is an incompatible use within a domestic garage in
the confines of a residential property.
ii) The salon within the private residential property is incompatible with the
residential location, and, the increase in footfall and traffic movements with
their associated noise and disturbance would have an adverse impact on the
residential amenity of the surrounding residential properties.
The proposal is therefore contrary to NPF Policies 26 b) and 14 c) and MLDP 2020
Policies DP1 (i) a) and PP2 of the Development Plan.
LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT
The following plans and drawings form part of the decision:-
Reference Version Title
Location plan
23-37-D-1 A Elevations and floor plans
DETAILS OF ANY VARIATION MADE TO ORIGINAL PROPOSAL,
AS AGREED WITH APPLICANT (S.32A of 1997 ACT)
Revised plans to show additional onsite parking.
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(Page 3 of 3) Ref:  23/01971/APP
NOTICE OF APPEAL
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997
If the applicant is aggrieved by the decision to refuse permission for or approval
required by a condition in respect of the proposed development, or to grant
permission or approval subject to conditions, the applicant may require the planning
authority to review the case under section 43A of the Town and Country Planning
(Scotland) Act 1997 within three months from the date of this notice.  The notice of
review should be addressed to The Clerk, Moray Council Local Review Body, Legal
and Committee Services, Council Offices, High Street, Elgin IV30 1BX.  This form is
also available and can be submitted online or downloaded from
www.eplanning.scotland.gov.uk
If permission to develop land is refused or granted subject to conditions and the
owner of the land claims that the land has become incapable of reasonably
beneficial use in its existing state and cannot be rendered capable of reasonably
beneficial use by the carrying out of any development which has been or would be
permitted, the owner of the land may serve on the planning authority a purchase
notice requiring the purchase of the owner of the land’s interest in the land in
accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997.
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APPENDIX 2 
NOTICE OF REVIEW,
GROUNDS FOR REVIEW &
SUPPORTING DOCUMENTS
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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 100651066-006
The online reference is the unique reference for your online form only. The  Planning Authority will allocate an Application Number when
your form is validated. Please quote this reference if you need to contact the planning Authority about this application.
Applicant or Agent Details
Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting
on behalf of the applicant in connection with this application)  Applicant  Agent
Agent Details
Please enter Agent details
Company/Organisation:
Ref. Number: You must enter a Building Name or Number, or both: *
First Name: * Building Name:
Last Name: * Building Number:
Address 1
Telephone Number: * (Street): *
Extension Number: Address 2:
Mobile Number: Town/City: *
Fax Number: Country: *
Postcode: *
Email Address: *
Is the applicant an individual or an organisation/corporate entity? *
  Individual    Organisation/Corporate entity
Plans Plus
Colin
Keir
Main Street
Plans Plus Offices
01343 842635
IV30 8LG
Moray
By Elgin
Urquhart
ctkplans@aol.com
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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
Ms
7 MITCHELL CRESCENT
Miglena
Moray Council
Stefanova Mitchell Crescent
7
ELGIN
IV30 4EH
IV30 4EH
United Kingdom
863612
Moray
321557
Elgin
ctkplans@aol.com
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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 front section of garage to hair salon retaining rear section as garden store at 7 Mitchell Crescent Elgin.
See separate supporting statement
At the time of determination, Review Case 299 had not been heard. The outcome of this Review is relevant due to the similarities
of the case.
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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
Supporting statement. Planning decision notice Report of handling of case
23/01971/APP
06/03/2024
By means of inspection of the land to which the review relates
09/11/2023
To assess how little impact this proposal will have on the surrounding area and to see all the other businesses all located close by
and functioning successfully.
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Page 5 of 5
Checklist – Application for Notice of Review
Please complete the following checklist to make sure  you have provided all the necessary information in support of your appeal. Failure
to submit all this  information may result in your appeal  being deemed invalid.
Have you provided the name and address of the applicant?.  *  Yes   No
Have you provided the date and reference number of the application which is the subject of this  Yes   No
review? *
If you are the agent, acting on behalf of the applicant, have you provided details of your name  Yes   No   N/A
and address and indicated whether any notice or correspondence required in connection with the
review should be sent to you or the applicant? *
Have you provided a statement setting out your reasons for requiring a review and by what  Yes   No
procedure (or combination of procedures) you wish the review to be conducted? *
Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider
require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review
at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely
on and wish the Local Review Body to consider as part of your review.
Please attach a copy of all documents, material and evidence which you intend to rely on  Yes   No
(e.g. plans and Drawings) which are now the subject of this review *
Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a
planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the
application reference number, approved plans and decision notice (if any) from the earlier consent.
Declare – Notice of Review
I/We the applicant/agent certify that this is an application for review on the grounds stated.
Declaration Name: Mr Colin Keir
Declaration Date: 11/04/2024
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MORAY LOCAL REVIEW BODY 
16 MAY 2024 
SUMMARY OF INFORMATION FOR CASE No LR302 
Planning Application 23/01822/APP – Convert domestic summer house to
beauty room at 15 Chanory Road, Elgin, IV30 1XH 
Ward 6 – Elgin City North 
Planning permission was refused under the Statutory Scheme of Delegation by the
Appointed Officer on 9 February 2024 on the grounds that: 
The proposal is contrary to policies 14 and 26 of the National Planning Framework
and policies PP2 and DP1 of the Moray Local Development Plan 2020 for the
following reasons: - 
Operating a beauty room from a summerhouse within a private residential garden
with visiting members of the public is considered incompatible with the surrounding
area given it would have an adverse impact on the amenity of neighbouring
properties in the surrounding residential area. 
Documents considered or prepared by the Appointed Officer in respect of the above
planning application are attached as Appendix 1. 
The Notice of the Review, Grounds for Review and any supporting documents
submitted by the Applicant are attached as Appendix 2. 
No further representations were received.
Item 6
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Church of Jesus Christ of
Pansport Court
3 to 7
to
91 to 97
83 to 89
Wall Pans Port
St
Northcote
Cottage
EAST ROAD
12.4m
11.9m
9
8
4
6
2
5 1
3
47
45
12
11
10
31
66
21
14
22
99
77
28
20
18
49
15
38
23
16
17
19
42
12a
44
13
39
36
30
32
102
PANSPORT ROAD
CHANONRY ROADElm
House
21
36
4
38
12
11
31
18
14
22
1
1
28
21
9
16
Location plan for Planning Application Reference Number :
23/01822/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 137

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APPENDIX 1 
DOCUMENTS CONSIDERED
OR PREPARED BY THE
APPOINTED OFFICER
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Page 1 of 7
The Moray Council Council Office High Street Elgin IV30 1BX  Tel: 0300 1234561  Email: development.control@moray.gov.uk
Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid.
Thank you for completing this application form:
ONLINE REFERENCE 100647907-001
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
Please state date of completion, or if not completed, the start date (dd/mm/yyyy): *
Please explain why work has taken place in advance of making this application: *  (Max 500 characters)
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
The summer house is an existing building previously used for domestic purposes. I now wish to convert it into a small beauty
room to provide a service to individual clients (one at a time)
It would
be used for approximately 10 hours per week.
Existing summer house previously used for domestic purposes and now wish to use it to provide beauty treatments for individual
clients
01/10/2023
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Page 2 of 7
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
15 CHANONRY ROAD
Elvira
Moray Council
Jaganjac 15 Chanonry Road
15
15 Chanonry Road
ELGIN
IV30 1XH
IV30 1XH
Scotland
862821
Elgin
322401
Petite Beauty by Erna
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Page 3 of 7
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.
Operate beauty therapy business from summer house at 15 Chanonry Road Elgin Moray IV30 1XH I refer to your enquiry of 13
September 2023 regarding the above proposal. In this instance planning permission is required as the proposal constitutes
development under the Town and Country Planning (Scotland) Act 1997 and the submission of a formal application will be
necessary.
3.00
Summer house for domestic use
Mr
Andrew
23/01583/ID/AM/SS
Miller
04/10/2023
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Page 4 of 7
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
Very minimal wastage but clinical waste will be disposed of via a contract with clinical waste company in Moray, This will be stored
in a small box within the premises prior to collection.
0
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Page 5 of 7
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
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: Mrs Elvira Jaganjac
On behalf of:
Date: 10/10/2023
 Please tick here to certify this Certificate. *
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Page 6 of 7
Checklist – Application for Planning Permission
Town and Country Planning (Scotland) Act 1997
The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013
Please take a few moments to complete the following checklist in order to ensure that you have provided all the necessary information
in support of your application. Failure to submit sufficient information with your application may result in your application being deemed
invalid. The planning authority will not start processing your application until it is valid.
a) If this is a further application where there is a variation of conditions attached to a previous consent, have you provided a statement to
that effect? *
 Yes  No  Not applicable to this application
b) If this is an application for planning permission or planning permission in principal where there is a crown interest in the land, have
you provided a statement to that effect? *
 Yes  No  Not applicable to this application
c) If this is an application for planning permission, planning permission in principle or a further application and the application is for
development belonging to the categories of national or major development (other than one under Section 42 of the planning Act), have
you provided a Pre-Application Consultation Report? *
 Yes  No  Not applicable to this application
Town and Country Planning (Scotland) Act 1997
The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013
d) If this is an application for planning permission and the application relates to development belonging to the categories of national or
major developments and you do not benefit from exemption under Regulation 13 of The Town and Country Planning (Development
Management Procedure) (Scotland) Regulations 2013, have you provided a Design and Access Statement? *
 Yes  No  Not applicable to this application
e) If this is an application for planning permission and relates to development belonging to the category of local developments (subject
to regulation 13. (2) and (3) of the Development Management Procedure (Scotland) Regulations 2013) have you provided a Design
Statement? *
 Yes  No  Not applicable to this application
f) If your application relates to installation of an antenna to be employed in an electronic communication network, have you provided an
ICNIRP Declaration? *
 Yes  No  Not applicable to this application
g) If this is an application for planning permission, planning permission in principle, an application for approval of matters specified in
conditions or an application for mineral development, have you provided any other plans or drawings as necessary:
 Site Layout Plan or Block plan.
 Elevations.
 Floor plans.
 Cross sections.
 Roof plan.
 Master Plan/Framework Plan.
 Landscape plan.
 Photographs and/or photomontages.
 Other.
If Other, please specify: *  (Max 500 characters)
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Page 7 of 7
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 Elvira Jaganjac
Declaration Date: 10/10/2023
Payment Details
Online payment: T77454
Payment date: 10/10/2023 12:02:17
Created: 10/10/2023 12:02
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Plan 2
No.2.1
15.09.23
1:30 0 1m 5m A2 PrintPage 149

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1:1250 0 25m 50m 100m 200m
0 1m 10m5m
1:1000 10 20 501:500
Plan 1
No.1.1
15.09.23
A2 PrintPage 151

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Page 153

From: Shaya Anderson <Shaya.Anderson@moray.gov.uk>
Sent: 27 Oct 2023 11:56:17
To: DMSMyEmail@moray.gov.uk
Cc:
Subject: FW: Help with application
Attachments:    
From: Elvira Jaganjac <elvirajaganjac53@gmail.com>
Sent: 27 October 2023 09:16
To: Shaya Anderson <Shaya.Anderson@moray.gov.uk>
Subject: Re: Help with application  
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.
Support information for the planing permit of 15 Chanonry Road Elgin Iv 30 1 XH  
My name is Elvira Jaganjac, I am 61 year old lady. I am a beauty therapist with over 21 year of
experience.
Presently I work at a very busy salon which I’m employed over 17 years, and I truly struggle with
amount of work.
Due to my ill health and on advice of my rheumatologist I need to cut down my work, or stop
altogether.
I already had both knees replaced, my shoulder operated and I walk with a support of a walking
stick.
In January I suffered a heart attack and now I am under the care of cardiologist.
I am very passionate what I do and always try to perform at the best of my ability.
I suffer from depression and my work has always been my saviour.
It would be easiest for me to be signed off work and stay at home, but I do feel that would worsen
my depression.
I would like to leave work and be able to do a couple clients a day at my own pace.
My business consists of myself Elvira Jaganjac and my daughter Erna Mcgarvey.
We would be splitting the week working alternate days.
Our week consist of opening Monday to Thursday 10 am to 3pm.
There will only ever be one client present per time slot.
The maximum amount of clients per day would be 4.
All my clients will access the summer house through my house, and not at any time my neighbours
would be disturbed.
Treatment’s would consist of; waxing, electrolysis, microblading  and make up.
I had contacted an environmental health and I had followed a list she sent to me that I must comply
with.
I have installed an extractor fan and free standing electrical sink( which provides warm water) that
complies with health and safety regulations.
We have had a fire safety check and have passed and obtained fire certificate.
Waste management will collect the clinical waste ie electrolysis needles and wax strips.
I have chosen to open the Beauty room in my garden and lower my work hours as I am no longer
able to work as much and intend on doing lighter treatments.  
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Page 155

From:                                 Planning Consultations
Sent:                                  Mon, 6 Nov 2023 14:52:50 +0000
To:                                      Planning Consultation
Subject:                             RE: Moray Council Planning Application Consultation for 23/01822/APP
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,
Scottish Water has no objection to this planning application; 
If there is any increase in the hard-standing area within the property boundary, you must look to limit an
increase to your existing discharge rate and volume of surface water. Where possible we recommend
that you consider alternative rainwater options. All reasonable attempts should be made to limit the
flow.
No new connections will be permitted to the public infrastructure. Any additional surface water will
discharge to the existing private pipework within the site boundary.
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.
Kind regards,
Angela Allison 
Technical Analyst
Scottish Water
Dedicated Freephone Helpline : 0800 389 0379
Business Email: Angela.Allison@scottishwater.co.uk
Team Mailbox: DevelopmentOperations@scottishwater.co.uk
Business Weblink: https://www.scottishwater.co.uk/Business-and-Developers/Connecting-to-Our-Network
The Bridge
Buchanan Gate Business Park
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Page 157

Cumbernauld Road
Stepps
Glasgow G33 6FB
Scottish Water
Trusted to serve Scotland
Please consider the environment before printing this e-mail.
------------------- Original Message -------------------
From: Local Planner <consultation.planning@moray.gov.uk>;
Received: Fri Nov 03 2023 11:18:15 GMT+0000 (Greenwich Mean Time)
To: <planningconsultations@scottishwater.co.uk>;
Subject: Moray Council Planning Application Consultation for 23/01822/APP
**EXTERNAL MAIL** - Think Before You Click
Please find attached notification of consultation
Privileged/Confidential information may be contained in this Email and any files transmitted with it. If you are not the intended
recipient you should not retain, copy or use this Email for any purpose or disclose all or part of its contents to any person. If you
have received this Email in error please notify the sender immediately and delete this Email from your system.
Opinions, conclusions and other information in this message that do not relate to the official business of Scottish Water ("SW"),
Scottish Water Horizons Ltd ("SWH"),Scottish Water International Ltd ("SWI") or Scottish Water Solutions 2 Ltd ("SWS2") shall be
understood as neither given nor endorsed by them. The contents of Emails sent and received by SW, SWH, SWI and SWS2 are
monitored.
WARNING: Although SW, SWH, SWI and SWS2 have taken reasonable precautions to ensure no viruses or other malicious
software are present, SW, SWH, SWI and SWS2 cannot accept responsibility for any loss or damage arising from the use of this
Email or attachments however caused. The recipient should therefore check this Email and any attachments for the presence of
viruses or other malicious software.
Scottish Water
www.scottishwater.co.uk
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Consultee Comments for Planning Application 23/01822/APP
Application Summary
Application Number: 23/01822/APP
Address: 15 Chanonry Road Elgin Moray IV30 1XH
Proposal: Convert domestic summer house to beauty room 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
Approved unconditionally - Adrian Muscutt
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Consultation Request Notification
Planning Authority Name Moray Council
Response Date 17th November 2023
Planning Authority
Reference
23/01822/APP
Nature of Proposal
(Description)
Convert domestic summer house to beauty room at
Site 15 Chanonry Road
Elgin
Moray
IV30 1XH
Site Postcode N/A
Site Gazetteer UPRN 000133018456
Proposal Location Easting 322401
Proposal Location Northing 862821
Area of application site (M2) 3
Additional Comment
Development Hierarchy
Level
LOCAL
Supporting Documentation
URL
https://publicaccess.moray.gov.uk/eplanning/ce
ntralDistribution.do?caseType=Application&ke
yVal=S2COOPBGKB500
Previous Application
Date of Consultation 3rd November 2023
Is this a re-consultation of
an existing application?
No
Applicant Name Petite Beauty By Erna
Applicant Organisation
Name
Applicant Address 15 Chanonry Road
Elgin
Moray
IV30 1XH
Agent Name
Agent Organisation Name
Agent Address
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
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
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pressures if a definitive response is not received within 21 days this may well cause the
two month determination period to be exceeded.
Data Protection - Moray Council is the data controller for this process.  Information collected about
you on this form will be used to process your Planning Application, and the Council has a duty to
process your information fairly.  Information we hold must be accurate, up to date, is kept only for
as long as is necessary and is otherwise shared only where we are legally obliged to do so.  You
have a legal right to obtain details of the information that we hold about you.
For full terms please visit  http://www.moray.gov.uk/moray_standard/page_121513.html
For full Data Protection policy, information and rights please see
http://www.moray.gov.uk/moray_standard/page_119859.html
You can contact our Data Protection Officer at info@moray.gov.uk or 01343 562633 for more
information.
Please respond using the attached form:-
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MORAY COUNCIL
PLANNING CONSULTATION RESPONSE
From:   Environmental Health Manager
Planning Application Ref. No: 23/01822/APP
Convert domestic summer house to beauty room at 15 Chanonry Road Elgin Moray IV30
1XH for Petite Beauty By Erna
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
Condition(s)
Further comment(s) to be passed to applicant
Informative:
The premises will require to comply with the Health and Safety at Work etc Act 1974.
Further information required to consider the application
Contact:  Julia McDonald Date…17.11.23………………………..
email address: Phone No  ……………………………..
Consultee:
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Return response to consultation.planning@moray.gov.uk
Please note that information about the application including consultation responses and
representations (whether in support or objection) received on the proposal will be published on the
Council’s website at http://publicaccess.moray.gov.uk/eplanning/  (You can also use this site to
track progress of the application and view details of any consultation responses and
representations (whether in support or objection) received on the proposal).  In order to comply
with the Data Protection Act, personal information including signatures, personal telephone and
email details will be removed prior to publication using “redaction” software to avoid (or mask) the
display of such information.  Where appropriate other “sensitive” information within documents will
also be removed prior to publication online.
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From: Danielle Ponman <Danielle.Ponman@moray.gov.uk>
Sent: 15 Nov 2023 09:10:34
To: DMSMyEmail@moray.gov.uk
Cc:
Subject: FW: 11016- SEPA response to 23/01822/APP
Attachments:    
Danielle Ponman| Clerical Assistant/WPO | Economic Growth and Development
Danielle.ponman@moray.gov.uk | website | facebook | twitter | newsdesk
07976494800
Working Hours Monday – Friday Mornings   
From: Planning.North <Planning.North@sepa.org.uk>
Sent: 14 November 2023 12:06
To: Planning Consultation <consultation.planning@moray.gov.uk>
Cc: Emma Mitchell <Emma.Mitchell@moray.gov.uk>
Subject: 11016- SEPA response to 23/01822/APP  
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.
OFFICIAL  
Dear Emma Mitchell
Town and Country Planning (Scotland) Acts
23/01822/APP
Convert domestic summer house to beauty room at
15 Chanonry Road, Elgin, Moray, IV30 1XH
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.
Thank you for the above consultation. Based on the information provided, it appears that this application falls below
the thresholds for which SEPA provide site specific advice. Please refer to our consultation framework and standing
advice, which is available on our website.
If after reading the standing advice you still require comments from SEPA on a specific matter, before re-consulting us
please consider whether this case could be effectively dealt with in the regular Council/SEPA triage meeting.
I trust these comments are of assistance - please do not hesitate to contact me if you require any further information.
Kind regards,
Barbara Olszowy
Planning Officer
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
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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.  
OFFICIAL
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Consultation Request Notification 
Planning Authority Name Moray Council
Response Date  17th November 2023
Planning Authority
Reference
23/01822/APP
Nature of Proposal
(Description)
Convert domestic summer house to beauty room at
Site 15 Chanonry Road
Elgin
Moray
IV30 1XH 
Site Postcode N/A
Site Gazetteer UPRN 000133018456
Proposal Location Easting 322401
Proposal Location Northing 862821
Area of application site (M2) 3
Additional Comment 
Development Hierarchy
Level
LOCAL
Supporting Documentation
URL
https://publicaccess.moray.gov.uk/eplanning/ce
ntralDistribution.do?caseType=Application&ke
yVal=S2COOPBGKB500
Previous Application 
Date of Consultation 3rd November 2023
Is this a re-consultation of
an existing application?
No
Applicant Name Petite Beauty By Erna
Applicant Organisation
Name 
Applicant Address 15 Chanonry Road
Elgin
Moray
IV30 1XH 
Agent Name 
Agent Organisation Name 
Agent Address 
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
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.
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Data Protection - Moray Council is the data controller for this process.  Information collected about
you on this form will be used to process your Planning Application, and the Council has a duty to
process your information fairly.  Information we hold must be accurate, up to date, is kept only for
as long as is necessary and is otherwise shared only where we are legally obliged to do so.  You
have a legal right to obtain details of the information that we hold about you.
For full terms please visit  http://www.moray.gov.uk/moray_standard/page_121513.html 
For full Data Protection policy, information and rights please see
http://www.moray.gov.uk/moray_standard/page_119859.html 
You can contact our Data Protection Officer at info@moray.gov.uk or 01343 562633 for more
information. 
Please respond using the attached form:- 
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MORAY COUNCIL 
PLANNING CONSULTATION RESPONSE 
From:   Transportation Manager 
Planning Application Ref. No: 23/01822/APP
Convert domestic summer house to beauty room at 15 Chanonry Road Elgin Moray IV30
1XH for Petite Beauty By Erna 
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 small domestic summer house to beauty room and appears
to be retrospective in nature. The applicant has submitted supporting details clarifying that
the beauty room would operate by pre-bookings only, with only one customer present per
time slot and with a maximum of 4 clients per day. 
Although no off street parking presently exists or is proposed there is considered to be
sufficient on street parking available within the adjacent/ surrounding streets to
accommodate the limited additional parking demand associated with the change of use. At
the time of the site visit there was however evidence of inappropriate driver parking
behaviour within Chanonry Road and in particular in close proximity to the property. For
the benefit of clarity the applicant should be aware that legislation is shortly to be
introduced which effectively makes it illegal to park on a public footway. The ‘national
pavement parking prohibition’ is expected to come into force across Scotland
from December 2023.
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. 
No building materials/scaffolding/builder’s skip shall obstruct the public road (including
footpaths) without permission from the Roads Authority. 
Contact: AG Date 24 November 2023
email address: transport.develop@moray.gov.uk  
Consultee: TRANSPORTATION 
Return response to  consultation.planning@moray.gov.uk 
Please note that information about the application including consultation responses and representations (whether in support or objection) received on the proposal will be published on the Council’s website at
http://publicaccess.moray.gov.uk/eplanning/  (You can also use this site to track progress of the application and view details of any consultation responses and representations (whether in support or objection) received
on the proposal).  In order to comply with the Data Protection Act, personal information including signatures, personal telephone and email details will be removed prior to publication using “redaction” software to avoid
(or mask) the display of such information.  Where appropriate other “sensitive” information within documents will also be removed prior to publication online.
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MORAY COUNCIL
PLANNING CONSULTATION RESPONSE
From:   The Moray Council, Flood Risk Management
Planning Application Ref. No:
23/01822/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   
Contact: Natalie Dunton  Date: 10/01/2024  
email address: Natalie.dunton@moray.gov.uk  Phone No 
Consultee: The Moray Council, Flood Risk Management 
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REPORT OF HANDLING 
Ref No: 23/01822/APP Officer: Emma Mitchell
Proposal
Description/
Address  
Convert domestic summer house to beauty room at 15 Chanonry Road Elgin Moray
IV30 1XH
Date: 08/02/2024 Typist Initials: DJP 
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 
Environmental Health Manager 20/11/23 No objection – informative to be attached if
consent granted
Contaminated Land 07/11/23 No objection
Transportation Manager 24/11/23 No objections – informatives to be attached
if consent granted
Scottish Water 06/11/23 No objection
Scottish Environment Protection Agency 14/11/23 Consulted in error
Moray Flood Risk Management 10/01/24 No objection 
DEVELOPMENT PLAN POLICY
Policies Dep Any Comments 
(or refer to Observations below)
National Planning Framework 4  
NPF1 - Tackling the Climate N 
NPF2 - Climate mitigation and adaptation N 
NPF3 - Biodiversity N 
NPF13 - Sustainable transport N 
NPF14 - Design, quality and place Y 
NPF22 - Flood risk N 
NPF23 - Health and safety N 
NPF26 - Business and industry Y 
Moray Local Development Plan 2020  
PP1 Placemaking N 
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Page 2 of 4
PP2 Sustainable Economic Growth Y 
DP1 Development Principles Y 
EP12 Management and Enhancement Water 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  
• Retrospective planning permission is sought for the conversion of an existing domestic
summerhouse to a beauty room at 15 Channory Road, Elgin.  
• A supporting statement submitted with the proposal details:-  
•   Operating hours are 10am to 3pm Monday to Thursday 
•   One client will visit at a time with a maximum of 4 in day  
•   2 members of staff (including applicant), with only one working at a time 
•   Beauty room to be accessed via applicants house 
•   Treatments include waxing, electrolysis, microblading and makeup 
• A licence for skin piercing and tattooing has been applied for from the Council at the application
address.    
• The summerhouse is 6.5 sqm in size. External materials include timber painted green/grey and
a green/grey metal roof.  
• The summerhouse has a free standing electrical sink (for hot water) and an extractor fan. 
Site Characteristics  
• 15 Channory Road is located on a residential street located to the east of the centre of Elgin.
• 15 Channory Road is a mid-terrace property. The terrace is made up of 4 single storey
dwellings. Each has a small garden to the front and a garden to the rear. The end terrace
properties have their own driveways for parking while the mid terraces only have on street
parking.  
• Access to the rear garden at 15 Channory Road is from either through the dwelling or via the
neighbouring properties garden.  
• The summerhouse is located in the southeast corner of the site facing towards the rear
elevation of 15 Channory Road.   
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 (NPF4) and adopted
Moray Local Development Plan 2020 (MLDP) unless material considerations indicate otherwise.  
The main planning issues are considered below: 
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Page 3 of 4  
Siting (NPF 14 & 26 / MLDP DP1 & PP2) 
Policy 14 stipulates that development proposals that 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 26 states development proposals for home working, live work units and micro-
businesses will be supported where it is demonstrated that the scale and nature of the proposed
business and building will be compatible with the surrounding area and there will be no unacceptable
impacts on amenity or neighbouring uses. Policy DP1 requires that the scale, density and character
of a development must be appropriate to the surrounding area and create a sense of place.
Proposals must also not adversely impact upon neighbouring properties in terms of privacy, daylight
or overbearing loss of amenity. Policy PP2 aims to promote sustainable economic growth provided all
potential impacts can be successfully mitigated. 
In this case, whilst it is recognised that the proposal is to operate on a part time basis (4 days a week
between the hours of 10am and 3pm by two members of staff (including the applicant) with a
maximum of 4 customers per day) it is not acceptable due to it being an incompatible use within the
residential area. A beauty room is not a use generally found in the rear garden of a domestic property
in a summerhouse. It is not possible to practically or effectively enforce any such planning condition
which would seek to restrict the operation of the beauty room to the hours, days and numbers of
clients identified by the applicant. Therefore, the operation of a beauty room from a summerhouse in
a rear garden with uncontrolled hours, days and numbers of clients would result in an increased level
of footfall, car trips and parking that would not be in keeping with the residential use of the
surrounding area. 
Taking account of the above considerations, a beauty room in a summerhouse in this location is
incompatible with the residential area and given that the operations of it cannot be controlled by
planning condition, it is considered that the increased footfall and traffic movements with their
associated noise and disturbance would have a significant adverse impact on the character and
residential amenity of the surrounding residential properties.    
In light of the above the proposal is deemed to result in an adverse impact on the residential amenity
of the surrounding area and as such is contrary to policies 14, 26, DP1 and PP2    
Access and Parking (NPF13 / MLDP DP1 & PP3) 
Policy 13 Sustainable Transport and policy DP1 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 have no objection to it. It was noted that no off
street parking presently exists or is proposed. There is considered to be sufficient on street parking
available within the adjacent / surrounding streets to accommodate the limited additional parking
demand associated with the change of use. The criteria in the policy has been met.    
Climate Change and Biodiversity (NPF4 policies 1, 2 & 3)   
NPF4 policies 1 and 2 require significant weight to be given to the climate and nature crises in the
assessment of all applications and requires climate mitigation from all development. Policy 3 requires
biodiversity enhancements. The proposal is of very small nature that will result in minimal impact in
terms of climate change. Biodiversity enhancements are not considered appropriate for a
development of this nature in this location. The criteria in the policy has been met.    
Recommendation  
Refuse     
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Page 4 of 4
OTHER MATERIAL CONSIDERATIONS TAKEN INTO ACCOUNT 
None 
HISTORY
Reference No. Description       
Decision  Date Of Decision   
ADVERT
Advert Fee paid? Yes
Local Newspaper Reason for Advert Date of expiry 
Northern Scot Departure from development plan 30/11/23
PINS Departure from development plan 30/11/23 
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:  Supporting Statement 
Main Issues:  Outlines background to proposal including operating hours/days, staff numbers,
treatments available and ventilation 
.
S.75 AGREEMENT
Application subject to S.75 Agreement  NO
Summary of terms of agreement: 
Location where terms or summary of terms can be inspected: 
DIRECTION(S) MADE BY SCOTTISH MINISTERS (under DMR2008 Regs)
Section 30 Relating to EIA  NO
Section 31 Requiring planning authority to provide information
and restrict grant of planning permission  NO
Section 32 Requiring planning authority to consider the imposition
of planning conditions  NO
Summary of Direction(s)   
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(Page 2 of 3) Ref:  23/01822/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 14 and 26 of the National Planning
Framework and policies PP2 and DP1 of the Moray Local Development Plan
2020 for the following reasons: -
• Operating a beauty room from a summerhouse within a private residential
garden with visiting members of the public is considered incompatible with
the surrounding area given it would have an adverse impact on the
amenity of neighbouring properties in the surrounding residential area.
LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT
The following plans and drawings form part of the decision:-
Reference Version Title
1 Site and location plan
2 Floor plan and elevations
DETAILS OF ANY VARIATION MADE TO ORIGINAL PROPOSAL,
AS AGREED WITH APPLICANT (S.32A of 1997 ACT)
None
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
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(Page 3 of 3) Ref:  23/01822/APP
permitted, the owner of the land may serve on the planning authority a purchase
notice requiring the purchase of the owner of the land’s interest in the land in
accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997.
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APPENDIX 2 
NOTICE OF REVIEW,
GROUNDS FOR REVIEW &
SUPPORTING DOCUMENTS
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