Agenda Document Pack - Moray Local Review Body - 14/11/2024

Moray Council · 14 November 2024
Back to Moray Local Review Body — 14 November 2024 and its agenda

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Page 1

Moray Local Review Body
Thursday, 14 November 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, 14 November 2024 at 09:30.
BUSINESS
1 Sederunt
2 Declaration of Group Decisions and Members Interests *
3 Minute of meeting dated 15 August 2024 5 - 6
4 LR304 - Ward 6 - Elgin City North
Planning Application 23/01862/APP – Proposed extension to existing
car park at Pinefield Glass, 1 Pinefield Parade, Elgin
7 - 92
5 LR305 - Ward 5 - Heldon and Laich
Planning Application 24/00428/PPP – Sub divide site for dwellinghouse
and form new vehicle access at Stanes, Cummingston
93 -
216
Summary of Local Review Body functions:
To conduct reviews in respect of refusal of planning permission or
unacceptable conditions as determined by the delegated officer, in
terms of the Scheme of Delegation to Officers under Section 43(A)(i) of
the Town & Country Planning (Scotland) Act 1997 and the Town &
Country Planning (Scheme of Delegation and Local Review
Procedure)(Scotland) Regulations 2013, or where the Delegated
Officer has not determined the application within 3 months of
registration.
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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 published on the Council’s
committee management system by 4pm the day before the meeting.  The
Member who has put the question may, after the answer has been published,
ask one supplementary question directly related to the subject matter at the
meeting, 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 Paul McBain  (Member)
Councillor Draeyk van der Horn  (Member)
Councillor Sonya Warren  (Member)
Councillor Ben Williams  (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, 15 August 2024
Council Chambers, Council Office, High Street, Elgin, IV30 1BX
PRESENT
Councillor Neil Cameron, Councillor Amber Dunbar, Councillor Juli Harris,
Councillor Marc Macrae, Councillor Paul McBain, Councillor Draeyk van der Horn,
Councillor Sonya Warren, Councillor Ben Williams
IN ATTENDANCE
Mrs L MacDonald and Mrs Fiona Olsen, Senior Planning Officers as Planning
Advisers, Mr S Hoath, Senior Solicitor as Legal Adviser and Mrs L Rowan,
Committee Services Officer as Clerk to the Meeting.
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 16 May 2024
The Minute of the meeting dated 16 May 2024 was submitted and approved.
4         LR303 - Ward 7 - Elgin City South
Planning Application 24/00160/APP – Erect car port 32 Muirfield Road, Elgin,
IV30 6DE
A request was submitted by the Applicant, seeking a review of the decision of the
Appointed Officer, in terms of the Scheme of Delegation, to refuse planning
permission on the grounds that:
The proposed car port does not comply with the National Planning Framework 4
(NPF4) Policy 14 (Design, Quality and Place) and Policy 16 (Quality Homes) as
well as Moray Local Development Plan (MLDP) Policy DP1 (Development
Principles) as it would create an incongruous feature on the principal elevation of a
mid-terrace house in an area where there are no buildings/structures that sit to the
Item 3
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front of houses. The proposal therefore would appear out of place and be
detrimental to the established character of the surrounding area.
The Summary of Information Report set out the reasons for refusal, including the
documents considered or prepared by the Appointed Officer regarding the
planning application.  It also included 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 Moray Local Review Body (MLRB) if it had sufficient
information to determine the request for review.  In response, the MLRB
unanimously agreed that it had sufficient information to determine the case.
The Chair reminded the MLRB of a prior appeal which had been considered
relating to a free standing car port and noted that this new appeal related to a car
port installation however this time the proposal was to attach it to the house
and moved that MLRB uphold the original decision of the Appointed Officer and
dismiss the appeal as the proposal does not comply with NPF4 Policy 14 (Design,
Quality and Place) and Policy 16 (Quality Homes), as well as MLDP Policy DP1
(Development Principles).  Councillor van der Horn seconded this, stating that
there was no material difference between this application and the previous one.
There being no-one otherwise minded, the MLRB agreed to dismiss the appeal
and uphold the original decision of the Appointed Officer to refuse planning
permission in respect of Planning Application 24/00160/APP as the proposal does
not comply with NPF4 Policy 14 (Design, Quality and Place) and Policy 16 (Quality
Homes), as well as MLDP Policy DP1 (Development Principles).
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MORAY LOCAL REVIEW BODY 
14 NOVEMBER 2024 
SUMMARY OF INFORMATION FOR CASE No LR304 
Planning Application 23/01862/APP – Proposed extension to existing car park
at Pinefield Glass, 1 Pinefield Parade, Elgin 
Ward 6 – Elgin City North 
Planning permission in principle was refused under the Statutory Scheme of
Delegation by the Appointed Officer on 9 July 2024 on the grounds that: 
The proposed change of use of designated ENV land to car parking is contrary to
Elgin ENV5 East Road MLDP settlement designation, MLDP Policies: MLDP DP1
and EP5, MLDP Open Space Strategy Supplementary Guidance and National
Planning Policies NPF Policies 14 and 20 because: 
The proposed development seeks a crude encroachment into the safeguarded ENV
for car parking in a design and form which would erode the purpose and function of
the ENV at this prominent access route in the town. Resulting in piecemeal
fragmentation and erosion of the overall integrity of the ENV5 East Road Green
Corridor as part of the wider green network in Elgin. In these terms the proposal is
unacceptable and contrary to the Elgin ENV5 East Road MLDP settlement
designation, MLDP Policies: MLDP DP1 and EP5, MLDP Open Space Strategy
Supplementary Guidance and National Planning Policies NPF Policies 14 and 20. 
Documents considered or prepared by the Appointed Officer in respect of the above
planning application are attached as Appendix 1. 
The Notice of the Review, Grounds for Review and any supporting documents
submitted by the Applicant are attached as Appendix 2. 
No Further Representations were received in response to the Notice of Review. 
Item 4
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Industrial
Pinefield
Estate
Bridge of Tyock
Burn of Tyock
Pinefield Apartments
1 to 4
Moravia Apartments
1 to 12
1 to 14
Club
El
15 to 28
13 to 28
Shelter
Travelling Crane
Hotel
El Sub Sta
Recycling Centre
Tenpin Bowling Centre
Mast (Telecommunication)
Path (um)
Public House
PINEFIELD
PINE
Centre
PINEFIELD
PARADE
Sub Sta
11
PINEFIELD CRESCENT
Tank
17c
11.3m
PERIMETER SPUR
DIAGONAL ROAD
PARADE SPUR SOUTH
EAST ROAD
LINKWOOD LANE
PARADE SPUR NORTH
PERIMETER ROAD
5
4
9
2
6
1
54
18
3
8
38
14
7
58
55
1210
19
15
13
17b
66
72
71
78
52
23
16
37
31
48 47
43
50
44
30
24
57
51
45
17a
49
83
65
LINKWOOD WAY
CHANONRY ROAD SOUTH
LB
18
3
2
4
3
7
4
5
15
8
El Sub Sta
11
LINKW
OOD
W
AY
5
LB
7
58
1
3
5
7
4
18
6
16
6
1
6
10
5
2
14
6
2
1
5
PINEFIELD
PARADE
5
7
4
4
2
PERIMETER
ROAD
1
1
14
9
9
1
2
6 8
5
8
12
Planning Application Reference Number:
23/01862/APP
LOCATION PLAN
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
I
1:2,500
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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 100648431-001
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
Proposed extension to existing car park
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Agent Details
Please enter Agent details
Company/Organisation:
Ref. Number: You must enter a Building Name or Number, or both: *
First Name: * Building Name:
Last Name: * Building Number:
Address 1
Telephone Number: * (Street): *
Extension Number: Address 2:
Mobile Number: Town/City: *
Fax Number: Country: *
Postcode: *
Email Address: *
Is the applicant an individual or an organisation/corporate entity? *
  Individual    Organisation/Corporate entity
Applicant Details
Please enter Applicant details
Title: You must enter a Building Name or Number, or both: *
Other Title: Building Name:
First Name: * Building Number:
Address 1
Last Name: * (Street): *
Company/Organisation Address 2:
Telephone Number: * Town/City: *
Extension Number: Country: *
Mobile Number: Postcode: *
Fax Number:
Email Address: *
S Reid Design
Mr
Stewart
Martin
Reid
Charlesworth
Rothes
Pinefield Parade
1
The Sma Glen
+447598299753
AB38 7AG
IV30 6AG
United Kingdom
Scotland, UK
Aberlour
Elgin
info@sreiddesign.co.uk
mcharlesworth@pinefieldglass.com
Pinefield Glass
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Site Address Details
Planning Authority:
Full postal address of the site (including postcode where available):
Address 1: 
Address 2:
Address 3:
Address 4:
Address 5:
Town/City/Settlement:
Post Code:
Please identify/describe the location of the site or sites
Northing Easting
Pre-Application Discussion
Have you discussed your proposal with the planning authority? *  Yes   No
Site Area
Please state the site area:
Please state the measurement type used:  Hectares (ha)   Square Metres (sq.m)
Existing Use
Please describe the current or most recent use: *  (Max 500 characters)
Access and Parking
Are you proposing a new altered vehicle access to or from a public road? *  Yes   No
If Yes please describe and show on your drawings the position of any existing. Altered or new access points, highlighting the changes
you propose to make. You should also show existing footpaths and note if there will be any impact on these.
5228.00
Pinefield Glass premises with associated car park
Moray Council
Pinefield Glass, 1 Pinefield Parade, Elgin, Moray IV30 6AG
862551 323134
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Page 4 of 7
Are you proposing any change to public paths, public rights of way or affecting any public right of access? *  Yes   No
If Yes please show on your drawings the position of any affected areas highlighting the changes you propose to make, including
arrangements for continuing or alternative public access.
How many vehicle parking spaces (garaging and open parking) currently exist on the application
Site?
How many vehicle parking spaces (garaging and open parking) do you propose on the site (i.e. the
Total of existing and any new spaces or a reduced number of spaces)? *
Please show on your drawings the position of existing and proposed parking spaces and identify if these are for the use of particular
types of vehicles (e.g. parking for disabled people, coaches, HGV vehicles, cycles spaces).
Water Supply and Drainage Arrangements
Will your proposal require new or altered water supply or drainage arrangements? *  Yes   No
Do your proposals make provision for sustainable drainage of surface water?? *  Yes   No
(e.g. SUDS arrangements) *
Note:-
Please include details of SUDS arrangements on your plans
Selecting ‘No’ to the above question means that you could be in breach of Environmental legislation.
Are you proposing to connect to the public water supply network? *
  Yes
  No, using a private water supply
  No connection required
If No, using a private water supply, please show on plans the supply and all works needed to provide it (on or off site).
Assessment of Flood Risk
Is the site within an area of known risk of flooding? *  Yes    No   Don’t Know
If the site is within an area of known risk of flooding you may need to submit a Flood Risk Assessment before your application can be
determined. You may wish to contact your Planning Authority or SEPA for advice on what information may be required.
Do you think your proposal may increase the flood risk elsewhere? *  Yes    No   Don’t Know
Trees
Are there any trees on or adjacent to the application site? *  Yes   No
If Yes, please mark on your drawings any trees, known protected trees and their canopy spread close to the proposal site and indicate if
any are to be cut back or felled.
Waste Storage and Collection
Do the plans incorporate areas to store and aid the collection of waste (including recycling)? *  Yes   No
7
19
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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
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
As existing
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Land Ownership Certificate
Certificate and Notice under Regulation 15 of the Town and Country Planning (Development Management Procedure) (Scotland)
Regulations 2013
Certificate A
I hereby certify that –
(1) - No person other than myself/the applicant was an owner (Any person who, in respect of any part of the land, is the owner or is the
lessee under a lease thereof of which not less than 7 years remain unexpired.) of any part of the land to which the application relates at
the beginning of the period of 21 days ending with the date of the accompanying application.
(2) - None of the land to which the application relates constitutes or forms part of an agricultural holding
Signed: Stewart Reid
On behalf of: Pinefield Glass
Date: 19/10/2023
 Please tick here to certify this Certificate. *
Checklist – Application for Planning Permission
Town and Country Planning (Scotland) Act 1997
The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013
Please take a few moments to complete the following checklist in order to ensure that you have provided all the necessary information
in support of your application. Failure to submit sufficient information with your application may result in your application being deemed
invalid. The planning authority will not start processing your application until it is valid.
a) If this is a further application where there is a variation of conditions attached to a previous consent, have you provided a statement to
that effect? *
 Yes   No   Not applicable to this application
b) If this is an application for planning permission or planning permission in principal where there is a crown interest in the land, have
you provided a statement to that effect? *
 Yes   No   Not applicable to this application
c) If this is an application for planning permission, planning permission in principle or a further application and the application is for
development belonging to the categories of national or major development (other than one under Section 42 of the planning Act), have
you provided a Pre-Application Consultation Report? *
 Yes   No   Not applicable to this application
Town and Country Planning (Scotland) Act 1997
The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013
d) If this is an application for planning permission and the application relates to development belonging to the categories of national or
major developments and you do not benefit from exemption under Regulation 13 of The Town and Country Planning (Development
Management Procedure) (Scotland) Regulations 2013, have you provided a Design and Access Statement? *
 Yes   No   Not applicable to this application
e) If this is an application for planning permission and relates to development belonging to the category of local developments (subject
to regulation 13. (2) and (3) of the Development Management Procedure (Scotland) Regulations 2013) have you provided a Design
Statement? *
 Yes   No   Not applicable to this application
f) If your application relates to installation of an antenna to be employed in an electronic communication network, have you provided an
ICNIRP Declaration? *
 Yes   No   Not applicable to this application
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g) If this is an application for planning permission, planning permission in principle, an application for approval of matters specified in
conditions or an application for mineral development, have you provided any other plans or drawings as necessary:
  Site Layout Plan or Block plan.
  Elevations.
  Floor plans.
  Cross sections.
  Roof plan.
  Master Plan/Framework Plan.
  Landscape plan.
  Photographs and/or photomontages.
  Other.
If Other, please specify: *  (Max 500 characters)
Provide copies of the following documents if applicable:
A copy of an Environmental Statement. *  Yes   N/A
A Design Statement or Design and Access Statement. *  Yes   N/A
A Flood Risk Assessment. *  Yes   N/A
A Drainage Impact Assessment (including proposals for Sustainable Drainage Systems). *  Yes   N/A
Drainage/SUDS layout. *  Yes   N/A
A Transport Assessment or Travel Plan  Yes   N/A
Contaminated Land Assessment. *  Yes   N/A
Habitat Survey. *  Yes   N/A
A Processing Agreement. *  Yes   N/A
Other Statements (please specify). (Max 500 characters)
Declare – For Application to Planning Authority
I, the applicant/agent certify that this is an application to the planning authority as described in this form. The accompanying
Plans/drawings and additional information are provided as a part of this application.
Declaration Name: Mr Stewart Reid
Declaration Date: 19/10/2023
I include a Mabbett drainage report and a Supporting Statement.
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1:2500 (A4)
SCALEDATE
OCT 2023
OS LOCATIONPLAN (1:2500)
S.REID MCIAT
CHARTERED ARCHITECTURAL TECHNOLOGIST
THE SMA GLEN, ROTHES, ABERLOUR, AB38 7AG
M
M
E
W
-  (07598) 299753
-  (07926) 151101
-  info@sreiddesign.co.uk
-  www.sreiddesign.co.uk
Proposed extension of car park at
Pinefield Glass, 1 Pinefield Parade,
Elgin, Moray IV30 6AG
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S.REID MCIAT
CHARTERED ARCHITECTURAL TECHNOLOGIST
THE SMA GLEN, ROTHES, ABERLOUR, AB38 7AG
M M E W
-  (07598) 299753
-  (07926) 151101
-  info@sreiddesign.co.uk
-  www.sreiddesign.co.uk
SEP 2023
DATE
SCALE
AS STATED (A2)
DRG. NO.
PINEFIELD / SP / 01
Proposed extension to existing car park
at Pinefield Glass, 1 Pinefield Parade, Elgin,
Moray IV30 6AG
P 
i  n 
e 
f  i  e 
l  d      
G 
l  a 
s  s,      
E 
l  g 
i  n
P 
i  n 
e 
f  i  e 
l  d      
G 
l  a 
s  s,      
E 
l  g 
i  n
EV CHARGING STATION WITH
2 TETHERED CONNECTORS
CAPABLE OF DELIVERING A
MINIMUM
POWER OUTPUT OF
150kw.
EV
RED OUTLINE DENOTES
EXTENT OF OW
NERSHIP /
APPLICATION
BOUNDARY.
M
H
M
H
BT
PINEFIELD GLASS
EV
Plan (scale 1:500)
Site
E  
A  
S  
T        
R  
O  
A  
D
HIGHLAND
INDUSTRIAL
SUPPLIES
PINEFIELD PARADE
PREMIER INN
VARIOUS UNITS
PENTLAND (LAND ROVER)
TO ABERDEEN
HIGHLAND
GALVANIZERS
PERIMETER ROAD
FORMER CAR DISPLAY AREA
GRASS VERGE
NEW
CAR PARK AREA
1211109
8
7
6
12109
EXISTING
CAR PARK
ENTRANCE
123
45
12.36
12.68
12.73
12.82
12.98
13.20
13.4113.29
13.36
13.05
12.89
12.86
12.76
12.73
12.60
12.60
12.39
12.30
13.25
13.22
12.64
12.63
12.80
13.63
13.82
13.79
13.01
13.01
12.89
13.05
12.89
12.51
13.14
13.25
14.07
13.64
12.87
12.66
13.03
13.73
13.68
13.68
13.48
13.63
13.64
13.71
MH
MH
BT
EV
E  
A  
S  
T        
R  
O  
A  
D
1
GRASS VERGE NEW
CAR PARK AREA
2
3
4
5
1211109
8
7
6
FOOTPATH
ENTRANCE
PINEFIELD PARADE
PERMEABLE
PAVING TO
ACT
AS SOAKAWAY
PERMEABLE
PAVING TO
ACT
AS SOAKAWAY
NEW
EXTENSION
6800
1600
Surface water run-oﬀ to fall to north west         
corner of site and to permeate through
permeable paving. All drainage works to be         
carried in accordance with Mabbe4 report /
design - ref 313889
D 
R 
A 
I  N 
A 
G 
E    
Carpark Plan8ng / Biodiversity enhancement -     
New
trees are to be planted out which will consist         
of a mixture of Birch, Larch, Rowan, Hazel, Willow
and cherry trees at spacings denoted. All new
trees
to be at least half standard (approx 1.5m
in height). 
All plan8ng, seeding or turﬁng shall be carried out
in the ﬁrst plan8ng and seeding seasons following
the comple8on of development. Any trees or plants
which within a period of ﬁve years from
the
comple8on of the development die, for whatever
reason are removed or damaged shall be replaced
in the next plan8ng season with others of the same         
size and species.
L  A 
N 
D 
S 
C 
A 
P 
E    
W 
O 
R 
K 
S         
Birch (150cm
min).          
Larch (150cm
min).          
Rowan (150cm
min).                                                                      
Hazel (150cm
min).
W
illow
(150cm
min).
Cherry (150cm
min).
C A R P A R K  
B I O
D I V E R S I T Y  
L E G
E N
D 
-
Plan (scale 1:250) Site
Holly Hedge (150cm
min).          
Laurel Hedge (150cm
min).
C A R P A R K  
B I O
D I V E R S I T Y  
L E G
E N
D 
-
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MH
EV
1
NEW
CAR PARK AREA
12.57
12.681 2 .6 6
12.65
12. 68
1 2 . 6 71 2 . 7 3
13.20
13.22
12.94
12.9312.81
12.64
12.61
12.63
12.65
12.80
13.79
12.89
13.05
12.89
13.78
13.73
12.51
12.83
13.14
13.25
12.87
12.66
13.03
13.68
MH
Herras Fencing
13.00m12.85m
12.85m
12.90m
13.20m
13.50m
80mm
Premeable BlockBlock Paving
50mm
bedding
min 375mm
granular base
Permeable geotextyle
Kerbing
Permeable Paving Construction Detail
DO
NOT SCALE
FROM
THIS
DRAW
ING, IF IN
DOUBT PLEASE
ASK.
ALL DIMENSIONS
TO
BE
CHECKED
ON
SITE
PRIOR
TO
COMMENCEMENT.
THIS
DRAW
ING
IS
THE
COPYRIGHT OF MABBETT &
ASSOCIATES
LTD
Client
Project
Drawing No:
Scale
Drawing
Rev
Drawn
Status
Sheet
Check
Date
Willow
House
Stoneyfield Business Park
Inverness 
IV2 7PA
Tel: 01463 237229
www.mabbett.eu
Description
Date
Rev.
Drawn
JF
2/10/23
PL01
X
313889
A3
GMNTS
Issue
Testhole Location
Proposed Layout/
Pinefield Parade, Elgin
Pinefield Glass Ltd
Proposed Parking Extension
Pinefield Glass Ltd
-
-
-
-
Fall Arrows
Test Hole
Permeable Paving
Permeable Paving
Page 25

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862500N
862500N
862600N
862600N
323050E323050E
323200E323200E
12.36
12.57
12.6812.66
12.65
12.68
12.6712.7312.7712.7912.82
12.82
12.86
12.98
13.00
13.20
13.41
13.58
13.68
13.75
13.80
13.93
14.89
15.19
15.19
14.78
14.38
14.09
13.91
13.89
13.84
13.78
13.74
13.54
13.49
13.40
13.29
13.36
13.05
12.89
12.89
12.86
12.76
12.75
12.73
12.63
12.60
12.55
12.5912.60
12.39
12.30
15.16
14.82
14.62
14.53
14.41
14.19
14.12
13.94
13.84
13.68
13.91
14.35
14.87
15.38
15.84
16.06
16.22
14.45
14.36
13.86
16.05
15.97
16.01
16.07
16.26
16.40
16.36
16.07
16.1015.90
15.3615.3915.3415.31
14.72
14.62
14.73
14.76
14.92
14.6114.53
13.25
13.22
12.94
12.9312.81
12.64
12.61
12.63
12.65
12.80
13.63
13.82
13.79
13.01
13.01
12.89
13.05
12.89
16.4016.34
16.38
16.16
15.65
15.22
14.84
14.54
13.78
13.73
12.51
12.83
13.14
13.25
14.07
14.56
15.07
15.10
15.65
15.70
15.46
13.64
14.34
12.87
12.66
13.03
13.92
13.73
13.78
13.72
13.96
13.81
13.68
13.68
13.60
13.48
13.63
13.64
13.71
15.0
15.0
12.5
MH
MHBT
Herras Fencing
DO
NOT SCALE
FROM
THIS
DRAW
ING, IF IN
DOUBT PLEASE
ASK.
ALL DIMENSIONS
TO
BE
CHECKED
ON
SITE
PRIOR
TO
COMMENCEMENT.
THIS
DRAW
ING
IS
THE
COPYRIGHT OF MABBETT &
ASSOCIATES
LTD
Client
Project
Drawing No:
Scale
Drawing
Rev
Drawn
Status
Sheet
Check
Date
W
illow
House
Stoneyfield Business Park
Inverness 
IV2 7PA
Tel: 01463 237229
www.mabbett.eu
Description
Date
Rev.
Drawn
GM
7/09/23
SU001
X
313889
A3
SP1:500
Issue
Topographic Survey
Elgin
Pinefield Glass
Proposed Car Park Extension
Pinefield Glass
-
-
-
-
north
50
0
20
10
30
40
Scale
1:500
(metres)
Page 27

Page 28

Page 28

Page 29

JAN 2024
DATE
SCALE
1:500 (A3)
DRG. NO.
PINEFIELD / EXIST
S.REID MCIAT
CHARTERED ARCHITECTURAL TECHNOLOGIST
THE SMA GLEN, ROTHES, ABERLOUR, AB38 7AG
M M E W
-  (07598) 299753
-  (07926) 151101
-  info@sreiddesign.co.uk
-  www.sreiddesign.co.uk
Proposed extension to existing car park
at Pinefield Glass, 1 Pinefield Parade, Elgin,
Moray IV30 6AG
P 
i  n 
e 
f  i  e 
l  d      
G 
l  a 
s  s,      
E 
l  g 
i  n
P 
i  n 
e 
f  i  e 
l  d      
G 
l  a 
s  s,      
E 
l  g 
i  n
RED OUTLINE DENOTES
EXTENT OF OW
NERSHIP /
APPLICATION
BOUNDARY.
M
H
M
H
BT
PINEFIELD GLASS
E  
A  
S  
T        
R  
O  
A  
D
HIGHLAND
INDUSTRIAL
SUPPLIES
PINEFIELD PARADE
VARIOUS UNITS
TO ABERDEEN
PERIMETER ROAD
FORMER CAR DISPLAY AREA
EXISTING
CAR PARK
(24 SPACES)
ENTRANCE
Page 29

Page 30

Page 30

Page 31

Mabbett & Associates Ltd, Corporate and Registered Office: 13 Henderson Road, Inverness, UK, IV1 1SN
Registered in Scotland No: SC 163378 info@mabbett.eu www.mabbett.eu
Belfast  |  Cardiff  |  Dublin  |  Dundee  |  Edinburgh  |  Glasgow  |  Inverness  |  Leicester  |  Liverpool
© 2023, Mabbett & Associates Ltd. All Rights Reserved. The name Mabbett and the Mabbett logo are Trade Marks licensed to Mabbett & Associates Ltd.
Memorandum Report
10th October 2023
TO: Stuart Reid, S Reid Design
FM: Gary Mackintosh
CC: Pinefield Glass
RE: 313889
___________________________________________________________________________________
1.0 Introduction
Mabbett & Associates Ltd (Mabbett) was commissioned by Pinefield Glass to provide a drainage design
for a proposed car park extension located at Pinefield Glass, Pinefield Parade, Elgin.
The SEPA Flood Maps have been consulted prior to commencement which confirm that the proposed
parking extension lies out with any areas of fluvial and pluvial flooding during a 1:200year event.
1.1 Proposal/Existing Ground Conditions
Excavations were carried out on 17th January 2023 in order to assess the soils for the use of infiltration as
a method of surface water management.
The trial pits were excavated to a depth of 1.8m and the existing soils consisted of 400mm Topsoil, dark
brown, medium fine slightly gravelly Sands to a depth of 1200mmbgl overlying brown medium to loose,
fine, slightly gravelly Sands proved to the depth of the excavations.
Infiltration testing was carried out in full accordance with BRE digest 365. The results can be found in
Table 2 below.
Table 2
Infiltration Pit Dimensions Test Zone Infiltration
Test Hole No (w/l) (mgbl) Rate (m/s)
INF01 0.8m x 1.2m 1.1m -1.7m 5.921 x 10-5
In addition to the ground investigation, a topographic survey was carried out within the site to establish
existing and proposed levels.
Based on the site topography and the test results obtained, it is proposed to install permeable paving to
the northwest and west of the proposed parking area as indicated within the enclosed drawing within which
the proposed levels and construction for the permeable paving are shown.
Page 31

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Page 33

MH
EV
1
NEW
CARPARKAREA
12.57
12.6812.66
12.65
12.68
12.6712.73
13.20
13.22
12.94
12.9312.81
12.64
12.61
12.63
12.65
12.80
13.79
12.89
13.05
12.89
13.78
13.73
12.51
12.83
13.14
13.25
12.87
12.66
13.03
13.68
MH
Herras Fencing
13.00m12.85m
12.85m
12.90m
13.20m
13.50m
80mm
Premeable BlockBlock Paving
50mm
bedding
min 375mm
granular base
Permeable geotextyle
Kerbing
Permeable Paving Construction Detail
DO
NOT SCALE
FROM
THIS
DRAW
ING, IF
IN
DOUBT PLEASE
ASK.
ALL DIMENSIONS
TO
BE
CHECKED
ON
SITE
PRIOR
TO
COMMENCEMENT.
THIS
DRAW
ING
IS
THE
COPYRIGHT OF
MABBETT &
ASSOCIATES
LTD
Client
Project
Drawing No:
Scale
Drawing
Rev
Drawn
Status
Sheet
Check
Date
W
illow
House
Stoneyfield
Business Park
Inverness 
IV2
7PA
Tel: 01463 237229
www.m
abbett.eu
Description
Date
Rev.
Drawn
JF
2/10/23
PL01
X
313889
A3
GMNTS
Issue
Testhole Location
Proposed Layout/
Pinefield Parade, Elgin
Pinefield Glass Ltd
Proposed Parking Extension
Pinefield Glass Ltd
-
-
-
-
FallArrows
TestHole
PermeablePaving
PermeablePaving
Page 33

Page 34

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Page 35

MasterDrain
Company Project
Item Job Ref Sheet no.
Calc. by Date Checked by Date Approved by Date
Mabbett & Associates Pinefield Glass, Elgin
Permeable Paving Calculations 3113889        1
GM 02/10/23
Data:-
FSR Hydrology:-
Location      = ELGIN Grid reference = NJ2162
M5-60 (mm)    =  14 r              = 0.24
Soil index    = 0.40 SAAR (mm/yr)   =  800
Return period =  200 WRAP           = 3
i)   Relatively impermeable soils in boulder and sedimentary clays, and in alluvium,
especially in eastern England;
ii)  Permeable soils with shallow ground water in low-lying areas;
iii) Mixed areas of  permeable and impermeable soils, in approximately equal
proportions.
Design data:-
Total drained area  = 400 m² Perm. pavior area     = 90 m²
Storm duration      = 6.00 hrs Climate change factor = 1.42
Inf. coefficient    = 0.1850 m/hr % Voids               = 30.0%
Saturation depth    = 80.0 % Runoff factor         = 95%
Calculated data:-
Mean rain intensity = 14.3 mm/hr @ 200yrs/6hrs with 1.42 climate change factor
Total rainfall volume = 34.358 m³.
Total runoff volume = 32.640 m³.
Mean discharge rate = 4.625 l/s.
Infiltration volume = 99.900 m³.
Infiltration volume exceeds the total runoff volume.
Minimal storage is required, therefore a minimum construction thickness
of 375mm should be used.
Storm profile used = Summer
Page 35

Page 36

Consultee Comments for Planning Application 23/01862/APP
Application Summary
Application Number: 23/01862/APP
Address: 1 Pinefield Parade Elgin Moray IV30 6AG
Proposal: Proposed extension to existing car park at
Case Officer: Shona Strachan
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
Page 36

Page 37

From:                                 Young, Bryan on behalf of Plant Protection And Pipelines North
Sent:                                  Tue, 31 Oct 2023 12:44:56 +0000
To:                                      Planning Consultation
Cc:                                      MBX_PlantProtection_ScNorthElgin
Subject:                             FW: Moray Council Planning Application Consultation for 23/01862/APP
Attachments:                   ufm42_EOTH_E-consultation_-_Others.rtf, Moray.jpg
****************************************
Warning. This email contains one or more attachments and originates from outside of the Moray Council network.
You should only open these attachments if you are certain that the email is genuine and the content is safe.
****************************************
****************************************
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.
****************************************
Classified as Internal
Good afternoon,
SGN would have no objection to the planning consultation from a High Pressure stand point as there is no assets in
the vicinity of the work area.
There is however Intermediate/Medium/Low Pressure pipelines within the proposed area
I have Cc'd in the relevant department for comment
Kind regards
Bryan Young
Pipeline Officer
Bryan.young@sgn.co.uk
Axis House Edinburgh
sgn.co.uk
Find us on Facebook and follow us on Twitter: @SGNgas
Smell gas? Call 0800 111 999
Find out how to protect your home from carbon monoxide
-----Original Message-----
From: consultation.planning@moray.gov.uk <consultation.planning@moray.gov.uk>
Sent: 31 October 2023 11:31
To: Plant Protection And Pipelines North <PlantProtectionAndPipelinesNorth@sgn.co.uk>
Subject: Moray Council Planning Application Consultation for 23/01862/APP
WARNING This email is not from the SGN network. Do not open unexpected files or links.
Please find attached notification of consultation
This email is confidential and may be legally privileged. It is intended solely for the addressees and access to this
email by anyone else is unauthorised. If you are not the intended recipient,
please immediately notify the sender of the error in transmission and then delete this email. Please note that any
Page 37

Page 38

disclosure, copying, distribution is prohibited and may be unlawful.
Unless specifically stated otherwise, emails and attachments are neither an offer capable of acceptance nor
acceptance of an offer and do not form part of a binding contractual agreement.
Emails may not represent the views of SGN.
Please be aware, we may monitor email traffic data and content for security and staff training. For further
information about what we do with your personal data, and your rights in relation to the
same, please see the Privacy Notice<https://www.sgn.co.uk/privacy-policy> published on our website
SGN is a registered trade mark and is the brand name for the companies with this Scotia Gas Networks group of
companies.
Scotia Gas Networks Limited (company registration number 04958135) and all of its subsidiaries, except for
Scotland Gas Networks plc are registered in England and Wales and have their registered
office address at St Lawrence House, Station Approach, Horley, Surrey RH6 9HJ.
Scotland Gas Networks plc (company registration number SC264065) is registered in Scotland and has its registered
office address at Axis House, 5 Lonehead Drive, Newbridge, Edinburgh EH28 8TG
Page 38

Page 39

Transport Scotland
Roads Directorate
Network Operations - Development Management
Response On Development Affecting Trunk Roads and Special Roads
To: The Moray Council Council Reference:- 23/01862/APP
TS Reference:- NE/235/2023
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 Pinefield Glass per S Reid Design The Sma Glen Rothes Aberlour Moray AB38 7AG and received
by Transport Scotland on 01/11/2023 for planning permission for Proposed extension to existing car park located at 1
Pinefield Parade 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
Page 1 of 2
Page 39

Page 40

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.
CONDITIONS to be attached to any permission the council may give:-
1 Prior to commencement of the development, details of the frontage landscaping treatment
along the trunk road boundary shall be submitted to, and approved by, the Planning Authority,
after consultation with Transport Scotland.
2 Prior to commencement of the development, details of the EV charging point along the trunk
road boundary shall be submitted to, and approved by, the Planning Authority, after
consultation with Transport Scotland.
REASON(S) for Conditions (numbered as above):-
1 and 2 To ensure that there will be no distraction to drivers on the Trunk Road and that the safety of
the traffic on the Trunk Road will not be diminished.
Transport Scotland Response Date:- 29/04/2024
Transport Scotland Contact:- Iain Clement
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
NOTES
This response supersedes our consultation response dated 07/11/2023.
Page 2 of 2
Page 40

Page 41

Consultee Comments for Planning Application 23/01862/APP
Application Summary
Application Number: 23/01862/APP
Address: 1 Pinefield Parade Elgin Moray IV30 6AG
Proposal: Proposed extension to existing car park at
Case Officer: Shona Strachan
Consultee Details
Name: Mr EH Consultations
Address: Environmental Health, Council Offices, High Street Elgin, Moray IV30 1BX
Email: Not Available
On Behalf Of: Environmental Health C12
Comments
Approved unconditionally - Andrew Stewart
Page 41

Page 42

Page 42

Page 43

MORAY COUNCIL
PLANNING CONSULTATION RESPONSE
From:   The Moray Council, Flood Risk Management
Planning Application Ref. No: 23/01862/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: Leigh Moreton Date  01/11/23
email address: Leigh.moreton@moray.gov.uk Phone No 07815 647384
Consultee: The Moray Council, Flood Risk Management 
Page 43

Page 44

From: Susie Simpson <Susie.Simpson@moray.gov.uk>
Sent: 09 Feb 2024 11:18:58
To: DMSMyEmail@moray.gov.uk
Cc:
Subject: FW: 23/01862/APP
Attachments:    
Susie Simpson| Clerical Assistant/WPO | Economic Growth and Development
susie.simpson@moray.gov.uk  | website | facebook | twitter | instagram | news
01343 563092 | 07929784965  
From: Darren Westmacott <Darren.Westmacott@moray.gov.uk>
Sent: Friday, February 9, 2024 10:50 AM
To: Planning Consultation <consultation.planning@moray.gov.uk>
Cc: Shona Strachan <Shona.Strachan@moray.gov.uk>
Subject: 23/01862/APP  
Good morning,  
The revised proposals for landscaping are considered acceptable and will help mitigate the impact of development.
However, the proposal will result in the loss of designated open space and is a departure from NPF4 Policy 20 Blue and
green infrastructure and MLDP Policy EP5 Open Space & Elgin ENV5 East Road.  
Regards,  
Darren  
Darren Westmacott | Planning Officer (Strategic Planning & Development) | Economic Growth & Development
darren.westmacott@moray.gov.uk | website | facebook | instagram | news
01343 563358 | 07929 751481  
Working Pattern | Mon (Home) | Tues (Home) | Wed (Office – HQ Rm 207a) | Thurs (Office – HQ Rm 207a) | Fri
(Home / Non-Working Day (Alt.))   
Page 44

Page 45

Re-consultation Request Notification 
Planning Authority Name Moray Council
Response Date  23rd April 2024
Planning Authority
Reference
23/01862/APP
Nature of Proposal
(Description)
Proposed extension to existing car park at
Site 1 Pinefield Parade
Elgin
Moray
IV30 6AG 
Site Postcode N/A
Site Gazetteer UPRN 000133038092
Proposal Location Easting 323137
Proposal Location Northing 862546
Area of application site (M2) 5228
Additional Comments 
Development Hierarchy
Level
LOCAL
Supporting Documentation
URL
https://publicaccess.moray.gov.uk/eplanning/ce
ntralDistribution.do?caseType=Application&ke
yVal=S2TCPKBGKH300
Previous Application 22/00292/APP
14/00785/APP
98/01099/FUL 
Date of Consultation 9th April 2024
Is this a re-consultation of
an existing application?
Yes
Applicant Name Pinefield Glass
Applicant Organisation
Name 
Applicant Address 1 Pinefield Parade
Elgin
Moray
IV30 6AG 
Agent Name S Reid Design
Agent Organisation Name 
Agent Address
The Sma Glen
Rothes
Aberlour
Moray
AB38 7AG 
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
Page 45

Page 46

PA Response To consultation.planning@moray.gov.uk 
NOTE:
If you do not respond by the response date, it will be assumed that you have no
comment to make. 
The statutory period allowed for a consultation response is 14 days.  Due to scheduling
pressures if a definitive response is not received within 21 days this may well cause the
two month determination period to be exceeded. 
Data Protection - Moray Council is the data controller for this process.  Information collected about
you on this form will be used to process your Planning Application, and the Council has a duty to
process your information fairly.  Information we hold must be accurate, up to date, is kept only for
as long as is necessary and is otherwise shared only where we are legally obliged to do so.  You
have a legal right to obtain details of the information that we hold about you.
For full terms please visit  http://www.moray.gov.uk/moray_standard/page_121513.html 
For full Data Protection policy, information and rights please see
http://www.moray.gov.uk/moray_standard/page_119859.html 
You can contact our Data Protection Officer at info@moray.gov.uk or 01343 562633 for more
information. 
Please respond using the attached form:- 
Page 46

Page 47

MORAY COUNCIL 
PLANNING CONSULTATION RESPONSE 
From:   Transportation Manager 
Planning Application Ref. No: 23/01862/APP
Proposed extension to existing car park at 1 Pinefield Parade Elgin Moray IV30 6AG for
Pinefield Glass 
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 for the re-consultation for an extension to an existing private car park to
be served via an existing access, and is associated with a recently completed office
extension (22/00292/APP relates). It is noted that the previous consent for the office
extension required improvements to the visibility splays (cutting back/ removal of an
existing hedge). At the time of the site visit for this proposal the visibility improvements
had not yet been undertaken, and therefore the condition has been repeated. The
developer should note that an existing “Pinefield Industrial Estate” sign will require to be
relocated to accommodate the proposed car park extension. For clarity all costs
associated with the relocation of the sign shall be borne by the developer. 
The proposed works are located in close proximity to a remote footway which falls under
the remit of Transport Scotland as Trunk Roads Authority. It is noted that Transport
Scotland was previously consulted on the original proposal.  However, it would be
recommended that Transport Scotland be re-consulted on this revised proposal
particularly as the formation of the new car parking spaces adjacent to the recently
completed extension would appear to require a fairly significant quantity of upfill of
material to make level. Additionally, although as per the previously submitted layout the
proposed Electric Vehicle charging infrastructure (space 7) is located in very close
proximity to the rear of the remote footway.  The following conditions would apply:
Condition(s)
1. Prior to the first occupation/use of the car park extension, works shall take place to
ensure that for the lifetime of the development no boundary fences, hedges, walls or
any other obstruction whatsoever over 0.9m in height and fronting onto the U171E
Pinefield Parade shall be within 2.4m of the edge of the public carriageway. 
Reason: To enable drivers of vehicles entering or exiting the site to have a clear view so
that they can undertake the manoeuvre safely and with the minimum interference to the
safety and free flow of traffic on the public road.
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2. 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 new access 
3. A turning area shall be retained within the curtilage of the site to enable vehicles to
enter and exit in a forward gear. 
Reason: To ensure the provision for vehicles to enter/exit in a forward gear in the interests
of the safety and free flow of traffic on the public road
Further comment(s) to be passed to applicant
Planning consent does not carry with it the right to carry out works within the public road
boundary. 
The formation of the required visibility splays will require the cutting back and ongoing
maintenance of the existing hedge/ vegetation located along the site frontage. At the time
of the site visit a large steel trailer was sitting just within the south west corner of the site
and was obstructing the visibility for vehicles exiting Pinefield Crescent loop onto Pinefield
Parade and should be removed/ re-located accordingly. 
An existing “Pinefield Industrial Estate” sign will require to be repositioned as a result of
the proposed car park extension. The sign shall be relocated at the expense of the
developer.  Advice on this matter can be obtained by emailing Moray Council Estates
department at estates@moray.gov.uk 
Public utility apparatus may be affected by this proposal.  Contact the appropriate utility
service in respect of any necessary utility service alterations which have to be carried out
at the expense of the developer. 
No building materials/scaffolding/builder’s skip shall obstruct the public road (including
footpaths) without permission from the Roads Authority. 
Contact: AG Date 18 April 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: 23/01862/APP Officer: Shona Strachan
Proposal
Description/
Address  
Proposed extension to existing car park at 1 Pinefield Parade Elgin Moray IV30 6AG
Date: 05/06/2024 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 07/11/23 No objection
Moray Flood Risk Management 01/11/23 No objection 
Environmental Health Manager 31/10/23 No objection 
Scotland Gas Networks Ltd 06/11/23 No objection 
Strategic Planning And Development 09/02/24
Response recognises the proposed use of
landscaping to seek to mitigate the impact of
the development.   
However, the proposal will result in the loss
of designated open space and is a
departure from NPF4 Policy 20 Blue and
green infrastructure and MLDP Policy EP5
Open Space & Elgin ENV5 East Road.
Transportation Manager 18/04/24
No objection subject to conditions and
informative advice.   
The conditions would require height
restriction for any features within 2.4m of the
edge of the carriageway; Acceptable roads
drainage and a turning area to be retained
at all times within the site. 
Transport Scotland 29/04/24 No objection subject to conditions which
prior to the commencement of any works on
the site would require details of the frontage
landscape treatment and any EV charging
infrastructure.   
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Page 2 of 7
DEVELOPMENT PLAN POLICY
Policies Dep Any Comments 
(or refer to Observations below)
NPF20 - Blue and green infrastructure Y See observations
EP5 Open Space Y See observations
Elgin ENV5 - Green Corridor Y See observations
NPF1 - Tackling the Climate N 
NPF2 - Climate mitigation and adaptation N 
NPF3 - Biodiversity N 
NPF5 - Soils N 
NPF13 - Sustainable transport N 
NPF14 - Design, quality and place Y See observations
DP1 Development Principles Y See observations
EP12 Management and Enhancement Water N 
NPF22 - Flood risk 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 
Legislative Framework
Section 25 of the 1997 Act as amended requires planning applications to be determined in
accordance with the Development Plan i.e. the adopted National Planning Framework 4 (NPF4) and
Moral Local Development Plan 2020 (MLDP) unless material considerations indicate otherwise.   
The main planning issues are considered below: 
Proposal
Planning permission is sought for the proposed extension to an existing car park at Pinefield Glass 1
Pinefield Parade, Elgin.   
Pinefield Glass currently has a car park to the south of the premises which provides car parking
spaces for 14 cars, and, a car park located to the west of the premises accessed of Pinefield Parade
which provides 24 car parking spaces and is also where existing loading and deliveries take place.  
A site inspection report (Safe Hands) has highlighted that there is currently little to no segregation in
parking between the loading/unloading area and parking for general public which both take place in
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Page 3 of 7
the existing (west) car park.
In order to address the lack of segregation in parking, the proposals are to install an additional
parking area. The proposed car park is to adjoin the existing (west) car park to the north and would
provide for 12 car parking spaces, landscaping (hedgerows and mixed trees) and EV charging.
Spaces 6-12 would have permeable paving to act as the soakaway for the additional parking area.
The layout of the existing (west) car park is to be amended to provide delineation for customer
parking and loading/deliveries only.
Site
Pinefield Glass is an existing established business located at the Pinefield Industrial Estate (I5 MLDP
Designation).
The land to the north of the site which is the location of the proposed car park extension is
designated as ENV5 East Road Green Corridor, the public footpath and the A96 Trunk is located
beyond.
The ENV5 East Road Green Corridor is a safeguarded area of open space designated at either side
of the Trunk Road to improve the amenity and visual appearance of this main gateway access
through Elgin taking account of the mixed uses and designs along this locality many of which are
more industrialised in nature and appearance.
Planning History
Application 22/00292/APP which sought an office extension located on the ENV5 East Road Green
Corridor was permitted as an acceptable departure on the grounds that the proposed development
was a particularly small scale low impact extension to the existing premises and was considered to
contribute job creation/retention.
Policy Assessment
Siting and Impact of the Development
• MLDP Settlement Designation: Elgin ENV5 East Road
• MLDP Policies: MLDP DP1 and EP5
• MLDP Guidance Open Space Strategy Supplementary Guidance
• National Planning Policies NPF Policies 14 and 20
MLDP Settlement Designation Elgin ENV5 East Road: The supporting settlement text advises that
open space that contributes to the environmental amenity of Elgin will be safeguarded from
development that is not related to its current ENV use.
MLDP Policy DP1: states that the scale, density and character must be appropriate to the
surrounding area, contributing to the sense of place and connect to existing open space as per the
requirements of Policy EP5.
MLDP Policy EP5: states that development which would result in a change of use of an ENV
designation to anything other than an open space use will be refused.
The Moray Open Space Strategy: Definition of a green corridor; A green corridor links different
areas within a town as part of designated and managed network. The ENV designation and the site is
coded as EL/0S/008 East Road under the Open Space Strategy. The East Road Green Corridor is
described as landscaping at the edge of the Trunk Road on the entrance to Elgin. Planting and trees
soften the visual impacts of the industrial areas and make the route more attractive for pedestrians.
The Moray Open Space Strategy advises that there are no development opportunities on the ENV5
East Road Green Corridor.
NPF4 Policy 14: requires development proposals be designed to improve the quality of an area
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Page 4 of 7
whether in urban or rural locations and regardless of scale. It also states that development proposals
will be supported where they are consistent with the six qualities of successful places; Healthy,
Pleasant, Connected, Distinctive, Sustainable and Adaptable. Finally, NPF Policy 14 states that
proposals which are poorly designed, detrimental to the amenity of the surrounding area or
inconsistent with the six qualities of successful places will not be supported. 
NPF4 Policy 20: states that development proposals that result in fragmentation or net loss of existing
blue and green infrastructure will only be supported where it can be demonstrated that the proposal
would not result in or exacerbate a deficit in blue or green infrastructure provision, and the overall
integrity of the network will be maintained.  It is also advised that the Planning Authorities Open
Space Strategy should inform this.   
In this case, the proposed car park extension is to be located wholly within the Elgin ENV5 East Road
designation and proposes to change the site from its existing ENV designation to car parking.  This
change of use is not supported by the site designation or the aforementioned local and national
policies.   
The site has a prominent roadside location in a safeguarded green corridor which has been
designated under successive local plans to mitigate the physical and visual impacts of the industrial
areas along this location, and, improve the amenity and appearance of this access route through
Elgin which forms part of the main eastern approach to the town.  The green corridor also serves to
encourage pedestrian use by making the route more attractive for their use and forms part of a wider
network of green spaces within the town as promoted by the principles of good placemaking.         
The proposal seeks a crude encroachment into the safeguarded ENV for car parking in a form and
design which would completely erode the purpose and function of the ENV at this prominent location
resulting in piecemeal fragmentation and erosion of the overall integrity of the ENV5 East Road
Green Corridor as part of the wider green network in the town.    
Whilst the supporting information provided as part of the proposal is acknowledged, this must be
balanced against the wider public benefits of the purpose and function of the ENV5 East Road Green
Corridor as designated in the MLDP. Unfortunately, despite several requests from the Planning
Authority no attempt to minimise land take, reconfigure the design of the proposal and or rationalise
existing car park use and traffic management across the site has been made.  Options to reduce
parking demand across the site could have also been explored via car share options for staff and or
deliveries management plan for example as these approaches would have helped to reduce the
proposed land take associated with the proposal. This is unfortunate given the known ENV
designation and the potential to significantly reduce the impacts of the proposal on the ENV these
options to revise and reduce the proposal may have offered.  The use of native hedging and tree
planting to help screen the proposed development is also acknowledged but this in itself does not
justify the land take and erosion of the safeguard ENV in which is it stated that there are no
development opportunities as per the designation and local and national policy provisions.   
Set against this context, the proposal is contrary to site designation ENV5 East Road Green Corridor
MLDP Policies DP1 & EP5, The Moray Open Space Planning Guidance, and, National Planning
Framework Policies NPF 14 and 20 and will be refused.   
Access and Parking NPF 13 / MLDP DP1   
The site is located by the Trunk Road Network as such Transport Scotland was consulted as part of
the application.  The finalised consult response from Transport Scotland has concluded with no
objection to the proposal subject to conditions which prior to the commencement of any works on the
site would require details of the frontage landscape treatment and any EV charging infrastructure. 
The finalised consult response from the Transportation Manager, advises no objection subject to
conditions and informative advice which would require a height restriction for any features within
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2.4m of the edge of the carriageway; acceptable roads drainage and a turning area to be retained at
all times within the site. Compliance with these requirements is likely to be achievable, however,
compliance in this regard is separate from and does not override the unacceptable siting of the
development on safeguarded ENV land.    
Surface Water Drainage NPF 22 / MLDP EP12  
The application has been supported by a surface water drainage design which would entail the
installation of permeable paving to act as the soakaway on car parking spaces 6-12.  The surface
water drainage proposals have been accepted by Moray Flood Risk Management. However,
compliance with drainage requirements is separate from and does not override the unacceptable
siting of the development on safeguarded ENV land. 
Climate Change, Soils and Biodiversity NPF 1, 2, 3 & 5  
The landscape screening proposed would ensure that opportunity for biodiversity requirements would
be integrated into the proposal. The land take associated with the proposal whilst unacceptable in
relation to the integrity of the safeguarded ENV's purpose and function would not be of a nature and
scale which would render it unacceptable in the context of the global nature and climate crisis.
However, these matters are separate from and do not override the unacceptable siting of the
development on safeguarded ENV land. 
Conclusion and Recommendation 
The proposal would result in the loss of an area of land identified as safeguarded green corridor as
part of the ENV5 East Road designation under the MLDP 2020. The proposed change of use of ENV
to car parking is not supported by the designation or local and national planning policies and as such
the application is refused.       
OTHER MATERIAL CONSIDERATIONS TAKEN INTO ACCOUNT 
None 
HISTORY
Reference No. Description 
Proposed office extension at 1 Pinefield Parade Elgin Moray IV30 6AG 
22/00292/APP Decision Permitted Date Of Decision 06/06/22   
Build extension to office/showroom 1 Pinefield Parade Elgin Moray IV30 6AG 
14/00785/APP Decision Permitted Date Of Decision 17/06/14   
Erect showroom extension (conservatory) at A C Yule And Son Limited 1
Pinefield Parade Pinefield Industrial Estate Elgin Moray
98/01099/FUL Decision Permitted Date Of Decision 17/09/98   
Alteration and extension to premises at 
A C Yule And Son Limited 1 Pinefield Parade Pinefield Industrial Estate Elgin
Moray 91/00865/FUL Decision Permitted Date Of Decision 08/10/91   
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Page 6 of 7 
ADVERT
Advert Fee paid? Yes
Local Newspaper Reason for Advert Date of expiry 
Northern Scot No PremisesDeparture from
development plan 30/11/23
PINS No PremisesDeparture 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:  Drainage Statement 
Main Issues:  Details the drainage design which entails the use of areas of permeable paving
as part of the site design.  
Document Name:  Safe Hands Report 
Main Issues:  Observations in relation to parking at the Site (Report held as sensitive on case
file).
Document Name:  Supporting Statement 
Main Issues:  Seeks to provide a background to the proposals referring to the Safe Hands
Report and including photos of existing parking issues. Thereafter comments
which seek to support the siting and design.   
Document Name:  Parking Statement 
Main Issues:  Seeks to justify the parking proposals in terms of location and number of parking
spaces proposed.
.
S.75 AGREEMENT
Application subject to S.75 Agreement  NO
Summary of terms of agreement:   
Location where terms or summary of terms can be inspected:   
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Page 7 of 7
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:  23/01862/APP
IMPORTANT
YOUR ATTENTION IS DRAWN TO THE REASONS and NOTES BELOW
SCHEDULE OF REASON(S) FOR REFUSAL
By this Notice, Moray Council has REFUSED this proposal. The Council’s reason(s)
for this decision are as follows: -
The proposed change of use of designated ENV land to car parking is contrary
to Elgin ENV5 East Road MLDP settlement designation, MLDP Policies: MLDP
DP1 and EP5, MLDP Open Space Strategy Supplementary Guidance and
National Planning Policies NPF Policies 14 and 20 because: The proposed
development seeks a crude encroachment into the safeguarded ENV for car
parking in a design and form which would erode the purpose and function of the
ENV at this prominent access route in the town. Resulting in piecemeal
fragmentation and erosion of the overall integrity of the ENV5 East Road Green
Corridor as part of the wider green network in Elgin. In these terms the proposal
is unacceptable and contrary to the Elgin ENV5 East Road MLDP settlement
designation, MLDP Policies: MLDP DP1 and EP5, MLDP Open Space Strategy
Supplementary Guidance and National Planning Policies NPF Policies 14 and
20.
LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT
The following plans and drawings form part of the decision:-
Reference Version Title
LOCATION PLAN
313889 PL01X SITE PLAN AND TESTHOLE
LOCATION
313889 SU001 X TOPOGRAPHY SURVEY
PINEFIELD / SP / 01 SITE 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
review should be addressed to The Clerk, Moray Council Local Review Body, Legal
and Committee Services, Council Offices, High Street, Elgin IV30 1BX. This form is
also available and can be submitted online or downloaded from
www.eplanning.scotland.gov.uk
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(Page 3 of 3) Ref:  23/01862/APP
If permission to develop land is refused or granted subject to conditions and the
owner of the land claims that the land has become incapable of reasonably
beneficial use in its existing state and cannot be rendered capable of reasonably
beneficial use by the carrying out of any development which has been or would be
permitted, the owner of the land may serve on the planning authority a purchase
notice requiring the purchase of the owner of the land’s interest in the land in
accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997.
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APPENDIX 2 
NOTICE OF REVIEW,
GROUNDS FOR REVIEW &
SUPPORTING DOCUMENTS
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Page 1 of 5
The Moray Council Council Office High Street Elgin IV30 1BX  Tel: 0300 1234561  Email: development.control@moray.gov.uk
Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid.
Thank you for completing this application form:
ONLINE REFERENCE 100648431-008
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
S Reid Design
Stewart
Reid
Rothes
The Sma Glen
+447598299753
AB38 7AG
United Kingdom
Aberlour
info@sreiddesign.co.uk
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Page 2 of 5
Applicant Details
Please enter Applicant details
Title: You must enter a Building Name or Number, or both: *
Other Title: Building Name:
First Name: * Building Number:
Address 1
Last Name: * (Street): *
Company/Organisation Address 2:
Telephone Number: * Town/City: *
Extension Number: Country: *
Mobile Number: Postcode: *
Fax Number:
Email Address: *
Site Address Details
Planning Authority:
Full postal address of the site (including postcode where available):
Address 1: 
Address 2:
Address 3:
Address 4:
Address 5:
Town/City/Settlement:
Post Code:
Please identify/describe the location of the site or sites
Northing Easting
Other
Pinefield Glass
Pinefield
Moray Council
Glass 1 Pinefield Parade
Pinefield Glass
IV30 6AG
Pinefield Glass, 1 Pinefield Parade, Elgin, Moray IV30 6AG
Scotland, UK
862551
Elgin
323134
info@sreiddesign.co.uk
Pinefield Glass
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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)
Proposed extension to existing car park
Please see seperate NOR Statement.
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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
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
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.
NOR Statement - A4 Document Proposed Site Plan - A2 Plan Mabbett Topo Survey - A3 plan Mabbett Paving / Drainage Layout -
A3 Location Plan - A4
23/01862/APP
06/06/2024
30/10/2023
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Declare – Notice of Review
I/We the applicant/agent certify that this is an application for review on the grounds stated.
Declaration Name: Mr Stewart Reid
Declaration Date: 22/08/2024
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S.REID MCIAT
CHARTERED ARCHITECTURAL TECHNOLOGIST
THE SMA GLEN, ROTHES, ABERLOUR, AB38 7AG
M
M
E
W
-  (07598) 299753
-  (07926) 151101
-  info@sreiddesign.co.uk
-  www.sreiddesign.co.ukPage 69

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S.REID MCIAT
CHARTERED ARCHITECTURAL TECHNOLOGIST
THE SMA GLEN, ROTHES, ABERLOUR, AB38 7AG
M
M
E
W
-  (07598) 299753
-  (07926) 151101
-  info@sreiddesign.co.uk
-  www.sreiddesign.co.ukPage 70

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MH
MH
BT
EV
NEW CAR PARK AREA
(FOR VISITORS / CUSTOMERS/
SOME MEMBERS OF STAFF)
EXISTING CAR PARK
(TO BE USED BY LORRIES AND VANS)
PINEFIELD PARADE
PROPOSED
LANDSCAPING
12
11
10
9
8 7 6
12
10
9
1
2
3
4
5
PlanSite
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1:2500 (A4)
SCALEDATE
OCT 2023
OS LOCATIONPLAN (1:2500)
S.REID MCIAT
CHARTERED ARCHITECTURAL TECHNOLOGIST
THE SMA GLEN, ROTHES, ABERLOUR, AB38 7AG
M
M
E
W
-  (07598) 299753
-  (07926) 151101
-  info@sreiddesign.co.uk
-  www.sreiddesign.co.uk
Proposed extension of car park at
Pinefield Glass, 1 Pinefield Parade,
Elgin, Moray IV30 6AG
Page 79

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MH
EV
1
NEW
CAR PARK AREA
12.57
12.681 2 .6 6
12.65
12. 68
1 2 . 6 71 2 . 7 3
13.20
13.22
12.94
12.9312.81
12.64
12.61
12.63
12.65
12.80
13.79
12.89
13.05
12.89
13.78
13.73
12.51
12.83
13.14
13.25
12.87
12.66
13.03
13.68
MH
Herras Fencing
13.00m12.85m
12.85m
12.90m
13.20m
13.50m
80mm
Premeable BlockBlock Paving
50mm
bedding
min 375mm
granular base
Permeable geotextyle
Kerbing
Permeable Paving Construction Detail
DO
NOT SCALE
FROM
THIS
DRAW
ING, IF IN
DOUBT PLEASE
ASK.
ALL DIMENSIONS
TO
BE
CHECKED
ON
SITE
PRIOR
TO
COMMENCEMENT.
THIS
DRAW
ING
IS
THE
COPYRIGHT OF MABBETT &
ASSOCIATES
LTD
Client
Project
Drawing No:
Scale
Drawing
Rev
Drawn
Status
Sheet
Check
Date
Willow
House
Stoneyfield Business Park
Inverness 
IV2 7PA
Tel: 01463 237229
www.mabbett.eu
Description
Date
Rev.
Drawn
JF
2/10/23
PL01
X
313889
A3
GMNTS
Issue
Testhole Location
Proposed Layout/
Pinefield Parade, Elgin
Pinefield Glass Ltd
Proposed Parking Extension
Pinefield Glass Ltd
-
-
-
-
Fall Arrows
Test Hole
Permeable Paving
Permeable Paving
Page 80

Page 81

Mabbett & Associates Ltd, Corporate and Registered Office: 13 Henderson Road, Inverness, UK, IV1 1SN
Registered in Scotland No: SC 163378 info@mabbett.eu www.mabbett.eu
Belfast  |  Cardiff  |  Dublin  |  Dundee  |  Edinburgh  |  Glasgow  |  Inverness  |  Leicester  |  Liverpool
© 2023, Mabbett & Associates Ltd. All Rights Reserved. The name Mabbett and the Mabbett logo are Trade Marks licensed to Mabbett & Associates Ltd.
Memorandum Report 
10th October 2023 
TO: Stuart Reid, S Reid Design 
FM: Gary Mackintosh 
CC: Pinefield Glass 
RE: 313889
___________________________________________________________________________________ 
1.0 Introduction 
Mabbett & Associates Ltd (Mabbett) was commissioned by Pinefield Glass to provide a drainage design
for a proposed car park extension located at Pinefield Glass, Pinefield Parade, Elgin. 
The SEPA Flood Maps have been consulted prior to commencement which confirm that the proposed
parking extension lies out with any areas of fluvial and pluvial flooding during a 1:200year event. 
1.1 Proposal/Existing Ground Conditions
Excavations were carried out on 17th January 2023 in order to assess the soils for the use of infiltration as
a method of surface water management. 
The trial pits were excavated to a depth of 1.8m and the existing soils consisted of 400mm Topsoil, dark
brown, medium fine slightly gravelly Sands to a depth of 1200mmbgl overlying brown medium to loose,
fine, slightly gravelly Sands proved to the depth of the excavations. 
Infiltration testing was carried out in full accordance with BRE digest 365. The results can be found in
Table 2 below. 
Table 2
Infiltration  Pit Dimensions  Test Zone  Infiltration 
Test Hole No (w/l) (mgbl) Rate (m/s)        
INF01 0.8m x 1.2m 1.1m - 1.7m 5.921 x 10-5 
In addition to the ground investigation, a topographic survey was carried out within the site to establish
existing and proposed levels. 
Based on the site topography and the test results obtained, it is proposed to install permeable paving to
the northwest and west of the proposed parking area as indicated within the enclosed drawing within which
the proposed levels and construction for the permeable paving are shown.
Page 81

Page 82

Pinefield Glass, Pinefield Parade, Elgin 313889
© 2023, Mabbett & Associates Ltd Page 2 of 2 
The calculation sheet enclosed confirms that the permeable paving will require a minimum construction
depth of 375mm to manage the surface water flows during a 1:30year event with 42% allowance for climate
change. 
This memorandum report has been prepared by the following Mabbett personnel: 
MABBETT & ASSOCIATES LTD 
___________________________________
Gary Mackintosh BSc 
Principal Engineer 
This report has been reviewed and approved by the following Mabbett personnel: 
MABBETT & ASSOCIATES LTD 
_______
James Forbes, CEng, CEnv, CWEM, MCIWEM
Director, Engineering 
Page 82

Page 83

MH
EV
1
NEW
CAR PARK AREA
12.57
12.681 2 .6 6
12.65
12. 68
1 2 . 6 71 2 . 7 3
13.20
13.22
12.94
12.9312.81
12.64
12.61
12.63
12.65
12.80
13.79
12.89
13.05
12.89
13.78
13.73
12.51
12.83
13.14
13.25
12.87
12.66
13.03
13.68
MH
Herras Fencing
13.00m12.85m
12.85m
12.90m
13.20m
13.50m
80mm
Premeable BlockBlock Paving
50mm
bedding
min 375mm
granular base
Permeable geotextyle
Kerbing
Permeable Paving Construction Detail
DO
NOT SCALE
FROM
THIS
DRAW
ING, IF IN
DOUBT PLEASE
ASK.
ALL DIMENSIONS
TO
BE
CHECKED
ON
SITE
PRIOR
TO
COMMENCEMENT.
THIS
DRAW
ING
IS
THE
COPYRIGHT OF MABBETT &
ASSOCIATES
LTD
Client
Project
Drawing No:
Scale
Drawing
Rev
Drawn
Status
Sheet
Check
Date
Willow
House
Stoneyfield Business Park
Inverness 
IV2 7PA
Tel: 01463 237229
www.mabbett.eu
Description
Date
Rev.
Drawn
JF
2/10/23
PL01
X
313889
A3
GMNTS
Issue
Testhole Location
Proposed Layout/
Pinefield Parade, Elgin
Pinefield Glass Ltd
Proposed Parking Extension
Pinefield Glass Ltd
-
-
-
-
Fall Arrows
Test Hole
Permeable Paving
Permeable Paving
Page 83

Page 84

MasterDrain
Company Project
Item Job Ref Sheet no.
Calc. by Date Checked by Date Approved by Date
Mabbett & Associates Pinefield Glass, Elgin
Permeable Paving Calculations 3113889        1
GM 02/10/23
Data:-
FSR Hydrology:-
Location      = ELGIN Grid reference = NJ2162
M5-60 (mm)    =  14 r              = 0.24
Soil index    = 0.40 SAAR (mm/yr)   =  800
Return period =  200 WRAP           = 3
i)   Relatively impermeable soils in boulder and sedimentary clays, and in alluvium,
especially in eastern England;
ii)  Permeable soils with shallow ground water in low-lying areas;
iii) Mixed areas of  permeable and impermeable soils, in approximately equal
proportions.
Design data:-
Total drained area  = 400 m² Perm. pavior area     = 90 m²
Storm duration      = 6.00 hrs Climate change factor = 1.42
Inf. coefficient    = 0.1850 m/hr % Voids               = 30.0%
Saturation depth    = 80.0 % Runoff factor         = 95%
Calculated data:-
Mean rain intensity = 14.3 mm/hr @ 200yrs/6hrs with 1.42 climate change factor
Total rainfall volume = 34.358 m³.
Total runoff volume = 32.640 m³.
Mean discharge rate = 4.625 l/s.
Infiltration volume = 99.900 m³.
Infiltration volume exceeds the total runoff volume.
Minimal storage is required, therefore a minimum construction thickness
of 375mm should be used.
Storm profile used = Summer
Page 84

Page 85

Mabbett & Associates Ltd, Corporate and Registered Office: 13 Henderson Road, Inverness, UK, IV1 1SN
Registered in Scotland No: SC 163378 info@mabbett.eu www.mabbett.eu
Belfast  |  Cardiff  |  Dublin  |  Dundee  |  Edinburgh  |  Glasgow  |  Inverness  |  Leicester  |  Liverpool
© 2024, Mabbett & Associates Ltd. All Rights Reserved. The name Mabbett and the Mabbett logo are Trade Marks licensed to Mabbett & Associates Ltd.
Memorandum Report 
25 March 2024 
TO: S Reid Design, The Sma Ranch, Rothes 
FM: Gary Mackintosh 
CC: Pinefield Glass, Pinefield Parade, Elgin 
RE: Parking Statement
___________________________________________________________________________________ 
1.0 Introduction 
Mabbett & Associates Ltd (Mabbett) was commissioned by Pinefield Glass to provide a Topographic
Survey and Drainage Assessment for a proposed new parking area at Pinefield Glass, Pinefield Parade,
Elgin. 
In addition Mabbett have been asked to respond to a query raised through planning as to the justification
for the number and position of parking spaces proposed. 
1.1 Previous Consultaiton/Design Statement
During the planning application, supporting statements have been provided in the form of a Design
Statement which makes reference to a site inspection report carried out by Safe Hands. 
The inspection highlighted that there is currently little to no segregation between the loading/unloading
and storage areas and the general public/staff. 
The solution to the issue is to install a new car parking area to the north of the existing customer parking
area being to only area available to extend the existing parking. 
In addition, it is proposed to provide road markings to delineate the loading and delivery area and the
parking with specific road markings which have been demonstrated within the enclosed drawings. 
It is anticipated that this will reduce the risk of potential collision without the intrusive locating of physical
barriers which may restrict movement. 
1.2 Parking Volume
With reference to the Design Standards within The Moray Local Development Plan 2020 Vol 1 – Policies
Appendix 2 Parking Standards for Use Classes, a Class 6 storage or distribution Warehousing/distribution
unit requires a maximum of 2.5No spaces per 100m2 GFA and a minimum of 2.0 No spaces per 100m2
GFA. 
Page 85

Page 86

As this is an existing business/facility and the new parking represents an increase to the existing parking,
the minimum of 2.0 No spaces per 100m2 GFA is considered reasonable. 
This equates to a minimum requirement of 27 No Spaces which have been marked within the enclosed
drawings. As noted, the existing parking area to the west does not function due to loading and unloading
movements and lorry parking. 
Mabbett can therefore confirm that the addition of the new parking area allows the appropriate level of
parking to be provided whilst increasing safety standards for staff and general public. 
This memorandum report has been prepared by the following Mabbett personnel:
MABBETT & ASSOCIATES LTD 
Gary Mackintosh BSc
Principal Engineer 
This report has been reviewed and approved by the following Mabbett personnel:
MABBETT & ASSOCIATES LTD
James Forbes, CEng, CEnv, CWEM, MCIWEM
Director, Engineering 
Pinefield Glass, Elgin – Parking Statement 313889
© 2024, Mabbett & Associates Ltd Page 2 of 2
Page 86

Page 87

PINEFIELD GLASS
BT
MH
MH
EV
ENTRANCE
PINEFIELD PARADE
TO ABERDEEN
PERIMETER ROAD
FORMER CAR DISPLAY AREA
1
GRASS VERGE
NEW
CAR PARK AREA
12.36
12.57
12.6812.66
12.65
12.68
12.6712.7312.7712.7912.82
12.82
12.86
12.98
13.00
13.20
13.41
13.58
13.68
13.75
13.80
13.93
14.89
15.19
14.78
14.38
14.09
13.91
13.89
13.84
13.78
13.74
13.54
13.49
13.40
13.29
13.36
13.05
12.89
12.89
12.86
12.76
12.75
12.73
12.63
12.60
12.55
12.5912.60
12.39
12.30
15.16
14.82
14.62
14.53
14.41
14.19
14.12
13.94
13.84
13.68
13.91
14.35
14.87
15.38
15.84
16.06
16.22
14.45
14.36
13.86
16.05
15.97
16.01
16.07
16.26
16.40
16.36
16.07
16.1015.90
15.3615.3915.3415.31
14.72
14.62
14.73
14.76
14.92
14.6114.53
13.25
13.22
12.94
12.9312.81
12.64
12.61
12.63
12.65
12.80
13.63
13.82
13.79
13.01
13.01
12.89
13.05
12.89
16.4016.34
16.38
16.16
15.65
15.22
14.84
14.54
13.78
13.73
12.51
12.83
13.14
13.25
14.07
14.56
15.07
15.10
15.65
15.70
15.46
13.64
14.34
12.87
12.66
13.03
13.92
13.73
13.78
13.72
13.96
13.81
13.68
13.68
13.60
13.48
13.63
13.64
13.71
15.0
15.0
12.5
MH
MHBT
Herras Fencing
13.00m12.85m
12.85m
12.90m
13.20m
13.50m
CUSTOMERPARKING LOADING/DELONLY
1234
5
6
7
8 9
10
11
12
13
14
15
16
17
18
19
20
21
23
24
25
26
27
28
DO
NOT SCALE
FROM
THIS
DRAW
ING, IF IN
DOUBT PLEASE
ASK.
ALL DIMENSIONS
TO
BE
CHECKED
ON
SITE
PRIOR
TO
COMMENCEMENT.
THIS
DRAW
ING
IS
THE
COPYRIGHT OF MABBETT &
ASSOCIATES
LTD
Client
Project
Drawing No:
Scale
Drawing
Rev
Drawn
Status
Sheet
Check
Date
Willow
House
Stoneyfield Business Park
Inverness 
IV2 7PA
Tel: 01463 237229
www.mabbett.eu
Description
Date
Rev.
Drawn
DC
12/03/24
SU001
X
313889
A3
GM1:200
Issue
Layout
Proposed Road Marking
Pinefield Parade, Elgin
Pinefield Glass Ltd
Proposed Parking Extension
Pinefield Glass Ltd
-
-
-
-
Page 87

Page 88

862500N
862500N
862600N
862600N
323050E323050E
323200E323200E
12.36
12.57
12.6812.66
12.65
12.68
12.6712.7312.7712.7912.82
12.82
12.86
12.98
13.00
13.20
13.41
13.58
13.68
13.75
13.80
13.93
14.89
15.19
15.19
14.78
14.38
14.09
13.91
13.89
13.84
13.78
13.74
13.54
13.49
13.40
13.29
13.36
13.05
12.89
12.89
12.86
12.76
12.75
12.73
12.63
12.60
12.55
12.5912.60
12.39
12.30
15.16
14.82
14.62
14.53
14.41
14.19
14.12
13.94
13.84
13.68
13.91
14.35
14.87
15.38
15.84
16.06
16.22
14.45
14.36
13.86
16.05
15.97
16.01
16.07
16.26
16.40
16.36
16.07
16.1015.90
15.3615.3915.3415.31
14.72
14.62
14.73
14.76
14.92
14.6114.53
13.25
13.22
12.94
12.9312.81
12.64
12.61
12.63
12.65
12.80
13.63
13.82
13.79
13.01
13.01
12.89
13.05
12.89
16.4016.34
16.38
16.16
15.65
15.22
14.84
14.54
13.78
13.73
12.51
12.83
13.14
13.25
14.07
14.56
15.07
15.10
15.65
15.70
15.46
13.64
14.34
12.87
12.66
13.03
13.92
13.73
13.78
13.72
13.96
13.81
13.68
13.68
13.60
13.48
13.63
13.64
13.71
15.0
15.0
12.5
MH
MHBT
Herras Fencing
DO
NOT SCALE
FROM
THIS
DRAW
ING, IF IN
DOUBT PLEASE
ASK.
ALL DIMENSIONS
TO
BE
CHECKED
ON
SITE
PRIOR
TO
COMMENCEMENT.
THIS
DRAW
ING
IS
THE
COPYRIGHT OF MABBETT &
ASSOCIATES
LTD
Client
Project
Drawing No:
Scale
Drawing
Rev
Drawn
Status
Sheet
Check
Date
W
illow
House
Stoneyfield Business Park
Inverness 
IV2 7PA
Tel: 01463 237229
www.mabbett.eu
Description
Date
Rev.
Drawn
GM
7/09/23
SU001
X
313889
A3
SP1:500
Issue
Topographic Survey
Elgin
Pinefield Glass
Proposed Car Park Extension
Pinefield Glass
-
-
-
-
north
50
0
20
10
30
40
Scale
1:500
(metres)
Page 88

Page 89

S.REID MCIAT
CHARTERED ARCHITECTURAL TECHNOLOGIST
THE SMA GLEN, ROTHES, ABERLOUR, AB38 7AG
M M E W
-  (07598) 299753
-  (07926) 151101
-  info@sreiddesign.co.uk
-  www.sreiddesign.co.uk
SEP 2023
DATE
SCALE
AS STATED (A2)
DRG. NO.
PINEFIELD / SP / 01
Proposed extension to existing car park
at Pinefield Glass, 1 Pinefield Parade, Elgin,
Moray IV30 6AG
P 
i  n 
e 
f  i  e 
l  d      
G 
l  a 
s  s,      
E 
l  g 
i  n
P 
i  n 
e 
f  i  e 
l  d      
G 
l  a 
s  s,      
E 
l  g 
i  n
EV CHARGING STATION WITH
2 TETHERED CONNECTORS
CAPABLE OF DELIVERING A
MINIMUM
POWER OUTPUT OF
150kw.
EV
RED OUTLINE DENOTES
EXTENT OF OW
NERSHIP /
APPLICATION
BOUNDARY.
M
H
M
H
BT
PINEFIELD GLASS
EV
Plan (scale 1:500)
Site
E  
A  
S  
T        
R  
O  
A  
D
HIGHLAND
INDUSTRIAL
SUPPLIES
PINEFIELD PARADE
PREMIER INN
VARIOUS UNITS
PENTLAND (LAND ROVER)
TO ABERDEEN
HIGHLAND
GALVANIZERS
PERIMETER ROAD
FORMER CAR DISPLAY AREA
GRASS VERGE
NEW
CAR PARK AREA
1211109
8
7
6
12109
EXISTING
CAR PARK
ENTRANCE
123
45
12.36
12.68
12.73
12.82
12.98
13.20
13.4113.29
13.36
13.05
12.89
12.86
12.76
12.73
12.60
12.60
12.39
12.30
13.25
13.22
12.64
12.63
12.80
13.63
13.82
13.79
13.01
13.01
12.89
13.05
12.89
12.51
13.14
13.25
14.07
13.64
12.87
12.66
13.03
13.73
13.68
13.68
13.48
13.63
13.64
13.71
MH
MH
BT
EV
E  
A  
S  
T        
R  
O  
A  
D
1
GRASS VERGE NEW
CAR PARK AREA
2
3
4
5
1211109
8
7
6
FOOTPATH
ENTRANCE
PINEFIELD PARADE
PERMEABLE
PAVING TO
ACT
AS SOAKAWAY
PERMEABLE
PAVING TO
ACT
AS SOAKAWAY
NEW
EXTENSION
6800
1600
Surface water run-oﬀ to fall to north west         
corner of site and to permeate through
permeable paving. All drainage works to be         
carried in accordance with Mabbe4 report /
design - ref 313889
D 
R 
A 
I  N 
A 
G 
E    
Carpark Plan8ng / Biodiversity enhancement -     
New
trees are to be planted out which will consist         
of a mixture of Birch, Larch, Rowan, Hazel, Willow
and cherry trees at spacings denoted. All new
trees
to be at least half standard (approx 1.5m
in height). 
All plan8ng, seeding or turﬁng shall be carried out
in the ﬁrst plan8ng and seeding seasons following
the comple8on of development. Any trees or plants
which within a period of ﬁve years from
the
comple8on of the development die, for whatever
reason are removed or damaged shall be replaced
in the next plan8ng season with others of the same         
size and species.
L  A 
N 
D 
S 
C 
A 
P 
E    
W 
O 
R 
K 
S         
Birch (150cm
min).          
Larch (150cm
min).          
Rowan (150cm
min).                                                                      
Hazel (150cm
min).
W
illow
(150cm
min).
Cherry (150cm
min).
C A R P A R K  
B I O
D I V E R S I T Y  
L E G
E N
D 
-
Plan (scale 1:250) Site
Holly Hedge (150cm
min).          
Laurel Hedge (150cm
min).
C A R P A R K  
B I O
D I V E R S I T Y  
L E G
E N
D 
-
Page 89

Page 90

Private & confidential 1/3 
Report 2023
Dawn McKenzie / 18 Aug 2023 / Pinefield
Glass  
Conducted on 18.08.2023 08:09 BST 
Prepared by Dawn McKenzie 
Client  Pinefield Glass 
Location Pinefield Industial Estate 
Manager/Supervisor  
Martin Charlesworth - Director 
Page 90

Page 91

Private & confidential 2/3
Workplace Transport Safety -
Further to our discussion during my last visit Martin I have attached some useful
information to help Pinefield make the appropriate safety improvements required to
ensure the safety of employees, drivers, visitors and other road users are not compromised
by the work being carried out at your premises.
HSE document HSG 136 is an excellent resource which I recommend to all clients who have
the responsibility of transport/pedestrian safety.
As I have noted in previous inspections the customer car parking area and the goods
unloading/loading areas are not appropriately segregated. This becomes more apparent on
days where deliveries arrive and the whole of the front carpark becomes blocked.
HSE states "Every workplace must be safe for the people and vehicles using it. A well
designed workplace that ensures vehicles and pedestrians are segregated will
make transport accidents less likely”.
When planning workplace traffic routes, take account of the following
requirements from the Regulations:
- They must be suitable for the people and vehicles using them and organised so
that they can both move around safely.
- Where vehicles and pedestrians share a traffic route, there must be enough
separation between them (segregation).
- Pedestrians or vehicles must be able to use a traffic route without causing
danger to the health or safety of people working near it.
- Vehicle routes must be far enough away from doors or gates that pedestrians
use, or from pedestrian routes that lead on to them, so the safety of
pedestrians is not threatened.
- Every traffic route must have a well-drained surface that is suitable for its
purpose and must not be so uneven, potholed, sloped or slippery that it might
expose anyone to a risk to their health or safety.
- They must, so far as is reasonably practicable, be kept free from obstructions
and anything that may cause anyone to slip, trip or fall.
- They must have appropriate markings and signs where necessary for health or
safety reasons.
I know you are keen to develop land around the property which would give you the
additional space to put these measures in place. I would also recommend looking at the
possibility of a one-way systems.
HSE states:
“One way systems are designed to limit reversing and prevent conflicting
movements caused by ‘two-way’ traffic flow. They should work clockwise around a
site, as this is the direction most drivers will expect, unless there are reasons why
this would not be a safer option. They need to be clearly marked out using road
Page 91

Page 92

Private & confidential 3/3
markings and signs so that drivers can follow them easily. The advantages of oneway
systems are:
- They help pedestrians know which direction vehicles are likely to be coming
from;
- They can be arranged to allow for good visibility around corners and at
crossing points;
- They are easy to enforce;
- They are particularly useful where site access roads are narrow and visibility is poor”. 
We have seen incidents where pedestrians have been hurt and in some cases killed where
pedestrian segregation is not in place. Safehands strongly recommends the first step
should be to establish a safe route in and out of the building using suitable barriers where
reasonably practicable. (There are good examples of this on page 11 HSG 136) 
Safehands are happy to discuss any of these points in more detail. 
Page 92

Page 93

MORAY LOCAL REVIEW BODY 
14 NOVEMBER 2024 
SUMMARY OF INFORMATION FOR CASE No LR305 
Planning Application 24/00428/PPP – Sub divide site for dwellinghouse and
form new vehicle access at Stanes, Cummingston 
Ward 5 – Heldon and Laich 
Planning permission in principle was refused under the Statutory Scheme of
Delegation by the Appointed Officer on 9 July 2024 on the grounds that: 
The proposal is contrary to the provisions of Policies NPF Policies 14, 16 & 4, and,
MLDP Policies DP1, part f & Policy EP3 part b) of the Development Plan because: 
The proposal to create an additional house site in the garden grounds of the existing
parent property Stanes would appear incongruous to the existing site layout and fail
to reflect and respect the existing character of the site. The proposal would therefore
have a detrimental impact on the quality of the built environment at this site and be
detrimental to the character and surrounding area which is part of the Burghead to
Lossiemouth Coast Special Landscape Area which requires high quality siting
characteristics for all development. The proposal would therefore be contrary to
Policies NPF Policies 14, 16 & 4, and, MLDP Policies DP1, part f & Policy EP3 part
b) 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 in response to the Notice of Review. 
Item 5
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Cummingston
Hithe
Collach
Shingle
Cabrach How
Boulders and Rock
Berryhill
El Sub Sta
LightCroila
Coastal Slopes
Crofts
Path (um)
Rock
Mean High Water Springs
(disused)
Cabrach Well
Sand
Dallas
Laich Cottage
Coastal
Tigh na Marg
A' chonasg
Kevelaer
Ferndale
Cottage
Groyne
Ardgour
33.0m
31.7m
32.8m
35.1m
42.1m
34.2m
Slopes
Stanes
Cladach House Ancora
Edoras
B 9040
Greenbrae
Parkend
Cabrach Carnan
Braemore
MorvenRowandale
Gull's
Rowan Bank
Bank
Bay
The
Farm
FB
Wembley
Sea
Hope
ESS
Drummond
SEAVIEW
RD
SEAVIEW Veronica
Avron
11
ROAD
1
10
14
2
6
FB
Sand
Path (um)
Coastal Slopes
Cottage
Shingle
Cottage
Planning Application Reference Number:
24/00428/PPP
LOCATION PLAN
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
I
1:2,500
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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 100664541-001
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
Form new vehicle access to dwelling and sub divide ground for dwelling house
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Page 2 of 7
Agent Details
Please enter Agent details
Company/Organisation:
Ref. Number: You must enter a Building Name or Number, or both: *
First Name: * Building Name:
Last Name: * Building Number:
Address 1
Telephone Number: * (Street): *
Extension Number: Address 2:
Mobile Number: Town/City: *
Fax Number: Country: *
Postcode: *
Email Address: *
Is the applicant an individual or an organisation/corporate entity? *
  Individual    Organisation/Corporate entity
Applicant Details
Please enter Applicant details
Title: You must enter a Building Name or Number, or both: *
Other Title: Building Name:
First Name: * Building Number:
Address 1
Last Name: * (Street): *
Company/Organisation Address 2:
Telephone Number: * Town/City: *
Extension Number: Country: *
Mobile Number: Postcode: *
Fax Number:
Email Address: *
Tulloch of Cummingston Ltd
Mrs
Christopher
I
Bremner
Noble
Tulloch House
Cummingston
Tulloch House
Stanes
01343 835600
IV30 5ST
IV30 5XY
United Kingdom
Scotland
Elgin
Cummingston
Forsyth street
christopher@tullochofcummingston.co.uk
john@tullochofcummingston.co.uk
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Page 3 of 7
Site Address Details
Planning Authority:
Full postal address of the site (including postcode where available):
Address 1: 
Address 2:
Address 3:
Address 4:
Address 5:
Town/City/Settlement:
Post Code:
Please identify/describe the location of the site or sites
Northing Easting
Pre-Application Discussion
Have you discussed your proposal with the planning authority? *  Yes   No
Site Area
Please state the site area:
Please state the measurement type used:  Hectares (ha)   Square Metres (sq.m)
Existing Use
Please describe the current or most recent use: *  (Max 500 characters)
Access and Parking
Are you proposing a new altered vehicle access to or from a public road? *  Yes   No
If Yes please describe and show on your drawings the position of any existing. Altered or new access points, highlighting the changes
you propose to make. You should also show existing footpaths and note if there will be any impact on these.
STANES
421.00
Dwelling with detached double garage
Moray Council
CUMMINGSTON
ELGIN
IV30 5XY
869030 313483
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Page 4 of 7
Are you proposing any change to public paths, public rights of way or affecting any public right of access? *  Yes   No
If Yes please show on your drawings the position of any affected areas highlighting the changes you propose to make, including
arrangements for continuing or alternative public access.
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.
All Types of Non Housing Development – Proposed New Floorspace
Does your proposal alter or create non-residential floorspace? *  Yes   No
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Page 5 of 7
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: Christopher Bremner
On behalf of: Mrs I Noble
Date: 13/03/2024
 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: Mr Blair Tulloch
Declaration Date: 13/03/2024
Payment Details
Online payment: 097889
Payment date: 13/03/2024 12:30:36
Created: 13/03/2024 12:30
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t - (01343) 835600      
f - (01343) 835700
e - info@tullochofcummingston.co.uk
web - www.tullochofcummingston.co.uk
Form
plot adjacent to Stanes
Cummingston
Stanes / Site 01
A    
Boundary amended
24.05.24
M
AR 2024
DATE
DRAWN BY
CBDRAWING no.
SCALE
DRAW
ING DESCRIPTION
1:200 (A3)
PROJECT
Site Plan
Proposed house outline
Owned by Applicant
B9040SEA
E
Stanes
Braemore
h Coage
34.2m
900
900
5000
5000
5000
5000
2000
12795
2no. parking spaces for
a 3 bedroom
house. W
hole
driveway constructed in paviors
Existing garage
to be demolished
2no. parking spaces for
Existing house. W
hole
driveway constructed in paviors
Drop kerbs at
new
access to
Existing house
Exisitng wall and Hedge
Access Lane owned by Applicant
Exisitng stone wall
Grass verge
Grass verge
Pavement
Existing Drop kerbs
at access to
proposed site
FFL - 33.800
FFL - 33.800
Site area - 442sqm
Site area - 869sqm
0
4m
4m
8m
12m
16m
20m
1:200
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t - (01343) 835600      
f - (01343) 835700
e - info@
tullochofcummingston.co.uk
web - www.tullochofcummingston.co.uk
Form
plot adjacent to Stanes
Cummingston
Stanes / Loc 01
M
AR 2024
DATE
DRAWN BY
CBDRAWING no.
SCALE
DRAWING DESCRIPTION
1:1250 (A4)
PROJECT
Location Plan
0
50m
25m
25m
75m
100m
125m
1:1250
ROAD
B 9040
SEAVIEW
Greenbrae
Cladach House
Ancora
Veronica
31.7m
BM
33.77m
Stanes
Braemore
Laich Co'age
Cabrach Co'age
Hope
32.8m
Light
Sea
Bay
Rowandale
Ardgour
Bank
Drummond
34.2m
Avron
Dallas
Rowan Bank
Ferndale
Co'age
Gull's
Morven
Co'age
Co'age
View
Kevelaer
Croila
Cro3s
Berryhill
Bank
El Sub Sta
33.0m
View
Edoras
The
Collach
Parkend
Gull's
Co'age
Wembley
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t - (01343) 835600      
f - (01343) 835700
e - info@tullochofcummingston.co.uk
web - www.tullochofcummingston.co.uk
Form
plot adjacent to Stanes
Cummingston
Stanes / Vis 01
M
AR 2024
DATE
DRAWN BY
CBDRAWING no.
SCALE
DRAW
ING DESCRIPTION
1:500 (A1)
PROJECT
Visibility Plan
Proposed house outline
Owned by Applicant
B9040SEAVIEW
ROAD
11
10
12
Cladach House
Ancora
BM
33.77m
Stanes
Braemore
Laich Coage
Rowandale
34.2m
Morven
PLOT 14
2000
34390 mm
70000 mm
2000
A
A
5000
5000
5000
5000
2no. parking spaces for
a 3 bedroom
house. Whole
driveway constructed in paviors
Existing garage
to be demolished
2no. parking spaces for
Existing house. Whole
driveway constructed in paviors
Drop kerbs at
new access to
Existing house
Exisitng wall and Hedge
Access Lane owned by Applicant
Exisitng stone wall
Grass verge
Grass verge
Pavement
Existing Drop kerbs
at access to
proposed site
FFL - 33.800
FFL - 33.800
Site area - 421sqm
Site area - 852sqm
30.270
Sec,on A-A
30.00
31.00
32.00
37.00
33.00
38.00
34.00
39.00
35.00
40.00
36.00
41.00
FFL 33.800
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Mabbett & Associates Ltd, Corporate and Registered Office: 13 Henderson Road, Inverness, UK, IV1 1SN
Registered in Scotland No: SC 163378 info@mabbett.eu www.mabbett.eu
Belfast  |  Cardiff  |  Dublin  | Dundee  |  Edinburgh  |  Glasgow  |  Inverness  | Leicester  |   Liverpool
© 2024, Mabbett & Associates Ltd. All Rights Reserved. The name Mabbett and the Mabbett logo are Trade Marks licensed to Mabbett & Associates Ltd.
29 April 2024
Project No: 315097
Drainage Assessment:
Proposed Dwelling within land adjacent to Stanes, Main
Street, Cummingston IV30 5XY
Prepared for:
C/O Christopher Bremner
Tulloch of Cummingston
Tulloch House
Forsyth Street
Hopeman
IV30 8ST
Contents Amendment Record
This report has been issued and amended as follows:
Revision Description Date Signed
1.0 First Issue 29 April 2024 G Mackintosh
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Land Adjacent to Stanes, Main Street, Cummingston 315097
© 2024, Mabbett & Associates Ltd Page ii
Table of Contents
Section 1.0 Introduction 1
1.1 Introduction to Surface Water Treatment 1
Section 2.0 Site Profile and Ground Assessment 3
2.1 Existing Site 3
2.2 Existing Ground Conditions 3
2.3 Location of Services 3
2.4 Other Implications of Plot Size or Vegetation 3
2.5 Infiltration Testing 4
Section 3.0 Surface Water 5
3.1 Minimum System Requirements 5
3.2 Recommendation - Surface Water 5
Section 4.0 Disclaimer 5
Section 5.0 References 7
Appendix 1: Test Hole/Discharge Location 10
Appendix 2: Storage Calculations 11
Appendix 3: Rain Garden Construction Details 10
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Land Adjacent to Stanes, Main Street, Cummingston 315097
© 2024, Mabbett & Associates Ltd Page 1 of 8
Section 1.0 Introduction
Mabbett & Associates Ltd (Mabbett) was commissioned by Tulloch of Cummingston to undertake an
assessment of the surface water treatment and management options for proposed new dwelling to be
formed in land adjacent to exiting property, Stanes, Main Street, Cummingston.
1.1 Introduction to Surface Water Treatment
With regard to surface water treatment and dispersal, Regulation 3.6 of the Building (Scotland) Regulations
2004, as reproduced below, states that:
Every building and hard surface within the curtilage of a building, must be designed and
constructed with a surface water drainage system that will:
(a) ensure the disposal of surface water without threatening the building and the health and
safety of the people in and around the building; and
(b) have facilities for the separation and removal of silt, grit and pollutants.
Section 3.6.3 of the Technical Handbook provides methods of discharging surface water that, if employed,
would meet the requirements of the authorities.
With regard to SEPA’s requirements, General Binding Rule (GBR) 10, in pursuance of the Water
Environment (Controlled Activities) (Scotland) Regulations 2011, states that the provision of a sustainable
urban drainage system (SUDS) is required unless the discharge arises from a single house or if the
discharge is to be made to coastal waters. GBR10 and the relevant associated rule is outlined overleaf.
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Land Adjacent to Stanes, Main Street, Cummingston 315097
© 2024, Mabbett & Associates Ltd Page 2 of 8
GBR10:
a) Discharge of surface water run-off from a surface water drainage system to the water environment
from:
i. Up to 60 hectares of land used for residential premises;
ii. Land used for non-residential premises or yards, except where the buildings or yards are in an
industrial estate;
iii. Land used as a motorised vehicle parking area with up to 1,000 parking spaces;
iv. Metalled roads other than motorways and A roads;
v. Waterbound roads; or
b) Discharge of water run-off from a construction site to the water environment where the site, including
any constructed access tracks does not:
i. Exceed 4 hectares;
ii. Contain a road or track length in excess of 5 km; or
iii. Including any area of more than 1 hectare or any length of more than 500 metres on ground with
a slope in excess of 25º.
Rules:
d) the discharge must not contain any water run-off from any built developments, the construction of
which is completed on or after 01 April 2007, or from construction sites operated on or after 01 April
2007, unless:
i. during construction those developments are drained by a SUD system or equivalent systems
equipped to avoid pollution of the water environment;
ii. following construction those developments are drained by a SUD system equipped to avoid
pollution of the water environment;
iii. the run-off is from a development that is a single dwelling and its curtilage; or
iv. the discharge is to coastal water.
(Source; SEPA: The Water Environment (Controlled Activities) (Scotland) Regulations 2011 - A Practical Guide) Version 9.2,
December 2022.
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Land Adjacent to Stanes, Main Street, Cummingston 315097
© 2024, Mabbett & Associates Ltd Page 3 of 8
Section 2.0 Site Profile and Ground Assessment
2.1 Existing Site
Stanes is located to the north of Main Street, Cummingston at or about NGR NJ 13496 69033
The SEPA Flood Map identifies the site and surrounding area as having no specific risk from fluvial or
pluvial flooding during a 1:200year event.
2.2 Existing Ground Conditions
Trial pits were carried out by Mabbett on 10th April 2024 to assess the suitability of the existing soils for the
use of infiltration as a method of surface water management.
The trial pits were excavated to a depth of 1.5m which confirmed ground conditions of brown, firm to stiff,
slightly sandy, silty, Clays proved to the depth of the excavations.
There was no evidence of contamination of water table present during the excavations.
2.3 Location of Services
There are no known services located within the site boundary.
2.4 Other Implications of Plot Size or Vegetation
Any infiltration device for sewage or wastewater must be located:
 at least 50m from any spring, well or borehole used as a drinking water supply, and
 at least 10m horizontally from any watercourse (including any inland or coastal waters), permeable
drain, road or railway.
Any infiltration system and any treatment plant must also be located:
 at least 5m from a building, and
 at least 5m from a boundary.
The location of any septic tank or treatment plant must ensure that a desludging tanker can gain access
to a working area that:
 will provide a clear route for a suction hose from the tanker to the tank,
 is not more than 25 m from the tank where it is not more than 4m higher than the invert level of the tank,
and
 is sufficient to support a vehicle axle load of 14 tonnes.
There should be no notable vegetation that might interfere with any system proposed or vice versa.
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Land Adjacent to Stanes, Main Street, Cummingston 315097
© 2024, Mabbett & Associates Ltd Page 4 of 8
2.5 Infiltration Testing
Infiltration testing carried out to BRE 365 Digest for the purpose of evaluating the length and position of a
traditional soakaway was undertaken by Mabbett during the site visit.
Weather conditions during the visit were dry/overcast.
The conditions were not considered abnormal for the time of year.
The testing proved unsuccessful as a result of the clay-based soils, it was concluded the site was not
conducive to the installation of any form of disposal system based on infiltration.
As a result of these findings, an alternative solution based on achieving a discharge of appropriately
attenuated and treated surface water to a watercourse is required to be investigated.
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Land Adjacent to Stanes, Main Street, Cummingston 315097
© 2024, Mabbett & Associates Ltd Page 5 of 8
Section 3.0 Surface Water
3.1 Minimum System Requirements
In pursuit of compliance with Regulation 3.6 of the Building (Scotland) Regulations 2004, Section 3.6.3 of
the Technical Handbook provides methods of discharging surface water that, if employed, would meet the
requirements:
(a) a SUD system designed and constructed in accordance with clause 3.6.4;
(b) a soakaway constructed in accordance with:
 clause 3.6.5;
 the guidance in BRE Digest 365, ‘Soakaway Design’, or
 National Annex NG 2 of BS EN 752-4: 1998;
(c) A public sewer provided under the Sewerage (Scotland) Act 1968;
(d) An outfall to a watercourse, such as a river, stream or loch or coastal waters, that complies with any
notice and/or consent by SEPA, or
(e) If the surface water is from a dwelling, to a storage container with an overflow discharging to either of
the 4 options above.
The area to be drained consists of the roof of the dwelling and associated hardstandings.
3.2 Recommendation - Surface Water
It is proposed that the surface water makes discharges to the existing sewer located within the public road.
There are sewers located within main street to the south of the site and within Seaview Road to the north.
The final connection location will be determined by Topography and Scottish Water Preference.
Scottish Water Policy requires that there is to be no increase in flow to the existing system up to and
including a 1:30 year event.
In line with good practice and CIRIA/Local Authority policy it is proposed to intall Rainwater Harvesting as
a sustainable method of surface water management for the proposed new roof area. The rainwater
harvesting tank is to be used for general garden maintenance, car washing and grey water use within the
property (w/c flushing for example). The tank will require an overflow to be attenuated my means of and
orifice plate which will discharge to the public sewer.
Standard rainwater harvesting sizing based on manufacturers recommendations can be shown as:
Cleaning use based on 2.5m3 per person per annum = 7,500Litres
Garden water use is estimated as 150Litres/m2 per annum in the UK. Garden size of 150m2 (estimated
based on size of proposed plot) = 22,500Litres
A buffer storage of 20 Days has been applied.
Tank Size is calculated as Deman * Buffer/365 = 1,643Litres
To comply with Scottish Water policy, the tank will also require to manage surface water flows up to and
including a 1:30year event.
Based on a discharge rate of 0.5l/s and a proposed roof area of 150m2 (allowing for extra over), the storage
volume required for a 1:30year event with 42% allowance for climate change is 1.89m3.
The nearest available standard tank size of 3000litres would be suitable for installation.
The final tank design will be a bespoke design carried out by the chosen manufactures to meet the
requirements outlined within this report. The current application is for Planning Permission in Principal and
therefore the sizing within this report would require to be reviewed following the final house design.
Page 120

Page 121

Land Adjacent to Stanes, Main Street, Cummingston 315097
© 2024, Mabbett & Associates Ltd Page 6 of 8
Section 4.0 Disclaimer
The content of this assessment is for internal use only and should not be distributed to third parties unless
under the expressed authority of our client. The designs, recommendations and outline proposals shall
remain the property of Mabbett & Associates Ltd and shall not be plagiarised in any form without authority
to do so. The comments and recommendations stipulated are solely those expressed by Mabbett &
Associates Ltd, and both parties understand that the comments and recommendations expressed are not
binding. Mabbett & Associates Ltd confirms that reasonable skill, care, and diligence have been applied
and that any design element has been carried out using verifiable and approved reference documentation.
No responsibility shall be assumed by Mabbett & Associates Ltd for system failure as a result of incorrect
installation work by contractors assigned by the client or incorrect or inappropriate implementation of
Mabbett & Associates Ltd’s recommendations.
Page 121

Page 122

© 2024, Mabbett & Associates Ltd
Section 5.0 References
Building (Scotland) Regulations 2004
The Scottish Building Standards: Technical Handbook 2019: Domestic
British Standard BS6297:2007 Code of Good Practice for the Design and Installation of Drainage Fields
for use in Wastewater Treatment
British Water Code of Practice: Flows and Loads 4 - Sizing Criteria, Treatment Capacity for Sewage
Wastewater Treatment Systems, 2013
The Water Environment (Controlled Activities) (Scotland) Regulations 2011
SEPA: The Water Environment (Controlled Activities) (Scotland) Regulations 2011 - A Practical Guide)
Version 9.2, December 2022.
SEPA: Regulatory Method WAT-RM-03: Regulation of Sewage Discharges to Surface Water.
SEPA: Regulatory Method WAT-RM-04 Regulation of Indirect Sewage Discharges to Groundwater
Environment Act 1995
Page 122

Page 123

© 2024, Mabbett & Associates Ltd Appendix 1
Appendix 1: Test Hole/Location
Page 123

Page 124

DO
NOT SCALE
FROM
THIS
DRAW
ING, IF
IN
DOUBT PLEASE
ASK.
ALL DIMENSIONS
TO
BE
CHECKED
ON
SITE
PRIOR
TO
COMMENCEMENT.
THIS
DRAW
ING
IS
THE
COPYRIGHT OF
MABBETT &
ASSOCIATES
LTD
Client
Project
Drawing
No:
Scale
Drawing
Rev
Drawn
Status
Sheet
Check
Date
W
illow
House
Stoneyfield Business Park
Inverness 
IV2 7PA
Tel: 01463 237229
www.mabbett.eu
Description
Date
Rev.
Drawn
DC
29.4.24
PL01
X
315097
A3
GMNTS
Issue
Test Hole Location
Cummingston
Site Adj to Stanes
Proposed Dwelling
Tulloch of Cummingston
-
-
-
-
TH01
Page 124

Page 125

© 2024, Mabbett & Associates Ltd Appendix 2
Appendix 2: Storage Calculations
Page 125

Page 126

MabbeƩ & Associates Ltd
Unit 2 Horizon Scotland
Forres Unterprise Park
IV36 2AB
File:
Network: Storm Network
Gary Mackintosh
29.04.24
Page 1
Site Adj to Stanes
Main Street
Cummingston
Flow+ v10.6.234 Copyright © 1988-2024 Causeway Technologies Ltd
Design Seƫ ngs
Rainfall Methodology
Return Period (years)
AddiƟonal Flow (%)
FSR Region
M5-60 (mm)
RaƟo-R
CV
Time of Entry (mins)
FSR
30
0
Scotland and Ireland
14.000
0.300
0.750
5.00
Maximum Time of ConcentraƟon (mins)
Maximum Rainfall (mm/hr)
Minimum Velocity (m/s)
ConnecƟon Type
Minimum Backdrop Height (m)
Preferred Cover Depth (m)
Include Intermediate Ground
Enforce best pracƟce design rules
30.00
50.0
1.00
Level Soĸ ts
0.200
1.200
✓
✓
Nodes
Name Area
(ha)
T of E
(mins)
Cover
Level
(m)
Depth
(m)
Storage 0.015 5.00 100.000 2.000
SimulaƟon Seƫ ngs
Rainfall Methodology
FSR Region
M5-60 (mm)
RaƟo-R
Summer CV
Winter CV
FSR
Scotland and Ireland
14.000
0.300
0.750
0.840
Analysis Speed
Skip Steady State
Drain Down Time (mins)
AddiƟonal Storage (m³/ha)
Check Discharge Rate(s)
Check Discharge Volume
Normal
x
240
20.0
x
x
Storm DuraƟons
15 30 60 120 180 240 360 480 600 720 960 1440
Return Period
(years)
Climate Change
(CC %)
AddiƟonal Area
(A %)
AddiƟonal Flow
(Q %)
30 42 0 0
Node Storage Online Hydro-Brake® Control
Flap Valve
Replaces Downstream Link
Invert Level (m)
Design Depth (m)
Design Flow (l/s)
x
✓
97.500
1.000
0.5
ObjecƟve
Sump Available
Product Number
Min Outlet Diameter (m)
Min Node Diameter (mm)
(HE) Minimise upstream storage
✓
CTL-SHE-0032-5000-1000-5000
0.075
1200
Node Storage Depth/Area Storage Structure
Base Inf Coeĸ cient (m/hr)
Side Inf Coeĸ cient (m/hr)
0.00000
0.00000
Safety Factor
Porosity
2.0
1.00
Invert Level (m)
Time to half empty (mins)
98.000
21
Depth
(m)
Area
(m²)
Inf Area
(m²)
Depth
(m)
Area
(m²)
Inf Area
(m²)
Depth
(m)
Area
(m²)
Inf Area
(m²)
0.000 3.0 0.0 1.000 3.0 0.0 1.001 0.0 0.0
Page 126

Page 127

MabbeƩ & Associates Ltd
Unit 2 Horizon Scotland
Forres Unterprise Park
IV36 2AB
File:
Network: Storm Network
Gary Mackintosh
29.04.24
Page 2
Site Adj to Stanes
Main Street
Cummingston
Flow+ v10.6.234 Copyright © 1988-2024 Causeway Technologies Ltd
Results for 30 year +42% CC CriƟcal Storm DuraƟon.  Lowest mass balance: 100.00%
Node Event US
Node
Peak
(mins)
Level
(m)
Depth
(m)
InŇow
(l/s)
Node
Vol (m³)
Flood
(m³)
Status
Link Event
(Upstream Depth)
US
Node
Link Ouƞlow
(l/s)
Discharge
Vol (m³)
60 minute winter Storage 50 98.602 0.602 2.6 1.8964 0.0000 OK
60 minute winter Storage Hydro-Brake® 0.5 3.8
Page 127

Page 128

Page 128

Page 129

Planning Application 
Drainage Statement 
March 2024
Author: C Bremner 
Plot to East of Stanes
Cummingston Page 129

Page 130

2      |     Stanes, Cummingston:   Drainage Statement   
Contents 
1. Introduction     3 
2. Proposed Development   3 
3. Foul Water Drainage    3 
4. Surface Water Drainage   3 
5. Construction Phase    4 
6. Future Maintenance    4 
Appendices
Appendix A – Site Location Plan
Appendix B – Site Plan
Appendix C – Scottish Water Sewer map 
Page 130

Page 131

3      |     Stanes, Cummingston:   Drainage Statement   
1. Introduction
The site is located at Grid reference NJ 13492 69043 (313492E, 869043N), to the East end of
Cummingston. Refer to the site location plan provided in Appendix A. 
The proposed site is bounded by Stanes to the West and Braemore to the East, separated by
a grass access lane which is under the applicants ownership. The site is accessed from the
B9040 to the South and bound by Seaview Road to the North. 
2. Proposed Development
It is proposed to split the existing site to create a new house plot of 421sqm to the East of the
Existing house (Stanes).
Demolish the existing blockwork double garage and form a new vehicle access with off-street
parking to serve Stanes.
Full details of the proposed are on the attached Site Plan provided in Appendix B. 
3. Foul Drainage
It is proposed to connect the foul water to the foul drainage public sewer to the South of the
Site. Please refer to the Scottish Water Sewer map Appendix C. 
4. Surface Water Drainage
The roof water from the proposed dwelling will discharge to a surface water soakaway in the
rear garden area to the North of the site.
The proposed parking area is to be formed with porous paviors.
Proposed soakaway location indicated on the Site Plan Appendix B. 
Page 131

Page 132

4 | Stanes, Cummingston: Drainage Statement
5. Construction Phase
The measures for controlling surface water run-off will be continually reviewed in line with each
stage of construction and any influencing factors.
Consideration is to be given, to surface water run off during and after topsoil strip, after any re-
grading of the land and during site construction.
Stripping of topsoil and vegetation is to be limited wherever possible and undertaken just prior
to the construction in that particular area. This is to reduce run off and to remove silts/fines
from the water and aid natural absorption into the soils.
The installation of the drains, Suds measures and roadways will follow the earthworks
operation continually improving the overall site drainage. Suds facilities will be installed at the
outset of the sewer works and will be utilized as temporary sediment control. It is essential
these are reinstated or reconstructed at the end of construction works. If required Geotextile
membrane will be temporarily inserted into gully frames/silt traps to remove silts prior to
entering the surface water system.
6. Future Maintenance
The proposed on-site surface water system shall be designed and constructed to the
standards set out in Sewers for Scotland (4th Edition) in accordance with good practice.
It is proposed that the surface water soakaway and all new drains are maintained by the
homeowner.
The homeowner will require a suitable maintenance regime and therefore the drainage system
should be inspected and maintained.
The CIRIA C753 Document provides guidance on the maintenance requirements for Suds
features. Please refer to Table 13.1 for maintenance details of the proposed surface water
soakaway.
Page 132

Page 133

5      |     Stanes, Cummingston:   Drainage Statement   
Page 133

Page 134

t - (01343) 835600      
f - (01343) 835700
e - info@
tullochofcummingston.co.uk
web - www.tullochofcummingston.co.uk
Form
plot adjacent to Stanes
Cummingston
Stanes / Loc 01
M
AR 2024
DATE
DRAWN BY
CBDRAWING no.
SCALE
DRAWING DESCRIPTION
1:1250 (A4)
PROJECT
Location Plan
0
50m
25m
25m
75m
100m
125m
1:1250
ROAD
B 9040
SEAVIEW
Greenbrae
Cladach House
Ancora
Veronica
31.7m
BM
33.77m
Stanes
Braemore
Laich Co'age
Cabrach Co'age
Hope
32.8m
Light
Sea
Bay
Rowandale
Ardgour
Bank
Drummond
34.2m
Avron
Dallas
Rowan Bank
Ferndale
Co'age
Gull's
Morven
Co'age
Co'age
View
Kevelaer
Croila
Cro3s
Berryhill
Bank
El Sub Sta
33.0m
View
Edoras
The
Collach
Parkend
Gull's
Co'age
Wembley
Page 134

Page 135

t - (01343) 835600      
f - (01343) 835700
e - info@tullochofcummingston.co.uk
web - www.tullochofcummingston.co.uk
Form
plot adjacent to Stanes
Cummingston
Stanes / Site 01
M
AR 2024
DATE
DRAWN BY
CBDRAWING no.
SCALE
DRAW
ING DESCRIPTION
1:200 (A3)
PROJECT
Site Plan
Proposed house outline
Owned by Applicant
B9040SEA
E
Stanes
Braemore
h Coage
34.2m
2000
2000
5000
5000
5000
5000
2no. parking spaces for
a 3 bedroom
house. W
hole
driveway constructed in paviors
Existing garage
to be demolished
2no. parking spaces for
Existing house. W
hole
driveway constructed in paviors
Drop kerbs at
new
access to
Existing house
Exisitng wall and Hedge
Access Lane owned by Applicant
Exisitng stone wall
Grass verge
Grass verge
Pavement
Existing Drop kerbs
at access to
proposed site
FFL - 33.800
FFL - 33.800
Site area - 421sqm
Site area - 852sqm
0
4m
4m
8m
12m
16m
20m
1:200
Page 135

Page 136

The representation of physical assets and
the boundaries of areas in which Scottish
W
ater and others have
an interest does not necessarily imply
their true positions. For further details
contact the appropriate District office.
©
Crown copyright and database rights 2024 OS
100023460.
You are granted a non-exclusive, royalty free, revocable
licence solely to view
the Licensed Data for non-commercial
purposes for the period during which Scottish W
ater makes it
available. You are not permitted to copy, sub-license,
distribute, sell or otherwise make available the Licensed
Data to third parties in any form. Third party rights to
enforce the terms of this licence shall be reserved to OS.
Date Plotted: 12/03/2024
SCALE:
The Bridge
6 Buchanan Gate
Stepps
Glasgow
G33 6FB
Tel No: 08000 778 778
¯
W
arning! Damaging a Large diameter Trunk Main (12"/300 mm
and above) can result in loss of life and major W
ater Supply and W
ater Quality problems. If you're planning any excavation work in the vicinity of any
large diameter mains shown on our maps, you MUST contact Scottish W
ater to arrange a site visit on Tel No: 08000 778 778 W
ELL IN
ADVANCE
OF THE
W
ORKS.
Plotted By: jamie@
tullochofcummingston.co.uk
SW
Layout - Stanes
1:661
Page 136

Page 137

Consultation Request Notification 
Planning Authority Name Moray Council
Response Date  1st April 2024
Planning Authority
Reference
24/00428/PPP
Nature of Proposal
(Description)
Sub divide site for dwellinghouse and form new
vehicle access at
Site Stanes
Cummingston
Elgin
Moray
IV30 5XY 
Site Postcode N/A
Site Gazetteer UPRN 000133050410
Proposal Location Easting 313483
Proposal Location Northing 869030
Area of application site (M2) 421
Additional Comment 
Development Hierarchy
Level
LOCAL
Supporting Documentation
URL
https://publicaccess.moray.gov.uk/eplanning/ce
ntralDistribution.do?caseType=Application&ke
yVal=SABSUTBGG1200
Previous Application 07/01152/FUL 
Date of Consultation 18th March 2024
Is this a re-consultation of
an existing application?
No
Applicant Name Mrs I Noble
Applicant Organisation
Name 
Applicant Address Stanes
Cummingston
Elgin
Moray
IV30 5XY 
Agent Name Tulloch Of Cummingston Ltd
Agent Organisation Name 
Agent Address
Tulloch House
Forsyth Street
Hopeman
Moray
IV30 5ST
Agent Phone Number 
Agent Email Address N/A
Case Officer Shona Strachan
Case Officer Phone number 01343 563303
Case Officer Mobile number 07794 166912
Case Officer email address shona.strachan@moray.gov.uk
Page 137

Page 138

PA Response To consultation.planning@moray.gov.uk 
NOTE:
If you do not respond by the response date, it will be assumed that you have no
comment to make. 
The statutory period allowed for a consultation response is 14 days.  Due to scheduling
pressures if a definitive response is not received within 21 days this may well cause the
two month determination period to be exceeded. 
Data Protection - Moray Council is the data controller for this process.  Information collected about
you on this form will be used to process your Planning Application, and the Council has a duty to
process your information fairly.  Information we hold must be accurate, up to date, is kept only for
as long as is necessary and is otherwise shared only where we are legally obliged to do so.  You
have a legal right to obtain details of the information that we hold about you.
For full terms please visit  http://www.moray.gov.uk/moray_standard/page_121513.html 
For full Data Protection policy, information and rights please see
http://www.moray.gov.uk/moray_standard/page_119859.html 
You can contact our Data Protection Officer at info@moray.gov.uk or 01343 562633 for more
information. 
Please respond using the attached form:- 
Page 138

Page 139

MORAY COUNCIL 
PLANNING CONSULTATION RESPONSE 
From:   Aberdeenshire Council Archaeology Service 
Planning Application Ref. No: 24/00428/PPP
Sub divide site for dwellinghouse and form new vehicle access at Stanes Cummingston
Elgin Moray for Mrs I Noble 
I have the following comments to make on the application:-  
Please 
x
(a) I OBJECT to the application for the reason(s) as stated below  ❑
(b) I have NO OBJECTIONS to the application and have no condition(s) and/or
comment(s) to make on the proposal 
X
(c) I have NO OBJECTIONS to the application subject to condition(s) and/or
comment(s) about the proposal as set out below   
❑
(d) Further information is required in order to consider the application as set out
below 
❑
Reason(s) for objection
None 
Condition(s)
None 
Further comment(s) to be passed to applicant 
Further information required to consider the application 
Contact: Claire Herbert Date…26/03/2024…………………..
email address:
archaeology@aberdeenshire.gov.uk
Phone No  ……01467537717
Consultee: Archaeology service 
Page 139

Page 140

Return response to  consultation.planning@moray.gov.uk 
Please note that information about the application including consultation responses and
representations (whether in support or objection) received on the proposal will be published on the
Council’s website at http://publicaccess.moray.gov.uk/eplanning/  (You can also use this site to
track progress of the application and view details of any consultation responses and
representations (whether in support or objection) received on the proposal).  In order to comply
with the Data Protection Act, personal information including signatures, personal telephone and
email details will be removed prior to publication using “redaction” software to avoid (or mask) the
display of such information.  Where appropriate other “sensitive” information within documents will
also be removed prior to publication online.
Page 140

Page 141

Consultee Comments for Planning Application 24/00428/PPP
Application Summary
Application Number: 24/00428/PPP
Address: Stanes Cummingston Elgin Moray IV30 5XY
Proposal: Sub divide site for dwellinghouse and form new vehicle access at
Case Officer: Shona Strachan
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 - Allan Park
Page 141

Page 142

Page 142

Page 143

From: Teresa Ruggeri <Teresa.Ruggeri@moray.gov.uk>
Sent: 25 Mar 2024 10:41:47
To: DMSMyEmail@moray.gov.uk
Cc:
Subject: FW: 24/00428/PPP Sub divide site for dwellinghouse and form new vehicle access at Stanes, Cummingston,
Elgin, IV30 5XY
Attachments: 24-00428-PPP Sub divide site for dwellinghouse and form new vehicle access at Stanes, Cummingston,
Elgin, IV30 5XY.pdf
From: DeveloperObligations <DeveloperObligations@moray.gov.uk>
Sent: Wednesday, March 20, 2024 9:46 AM
To: Shona Strachan <Shona.Strachan@moray.gov.uk>
Cc: DC-General Enquiries <development.control@moray.gov.uk>
Subject: 24/00428/PPP Sub divide site for dwellinghouse and form new vehicle access at Stanes, Cummingston, Elgin, IV30 5XY  
Hi  
Please find attached the developer obligations assessment that has been undertaken for the above planning application. A copy of the
report has been sent to the applicant.  
Thanks,
Rebecca    
Rebecca Morrison| Infrastructure Growth/Obligations Officer (Strategic Planning and
Development) | Economic Growth and Development
07971879253 / 01343 563583
rebecca.morrison@moray.gov.uk | website | facebook | twitter | instagram | news
Page 143

Page 144

Page 144

Page 145

Developer Obligations & Affordable Housing:
ASSESSMENT REPORT 
Date: 20/03/2024
Reference: 24/00428/PPP 
Description: Sub divide site for dwellinghouse
and form new vehicle access at Stanes,
Cummingston, Elgin, IV30 5XY
Applicant: Mrs I Noble
Agent: Tulloch Of Cummingston Ltd
This assessment has been carried out by
Moray Council.  For developer obligations,
the assessment is carried out in relation to
policy PP3 Infrastructure and Services of the
adopted Moray Local Development Plan 2020
(MLDP2020) and Supplementary Guidance
(SG) on Developer Obligations which was
adopted on 30 September 2020.  And, for
affordable housing, the assessment is carried
out in relation to policy DP2 Housing of the
MLDP2020.  Affordable housing is a policy
requirement not a developer obligation
however for ease of reference the Affordable
Housing contribution is included within this
assessment. 
The MLDP2020 can be found at
www.moray.gov.uk/MLDP2020 and the
Developer Obligations SG can be found at
http://www.moray.gov.uk/downloads/file1
34184.pdf 
Summary of Obligations 
Primary Education Nil
Secondary Education Nil
Transport (Contribution towards
Demand Responsive Transport)
Healthcare (Contribution towards
extension at Moray Coast Medical
Practice or such other healthcare
facilities for which the Council is
able to demonstrate reasonable
justification and will serve the
residents of the Development)  
Sports and Recreation                  Nil
Total Developer Obligations    
Affordable Housing  
TOTAL 
Breakdown of Calculation
Proposals for developer obligations are
assessed on the basis of Standard Residential
Unit Equivalents (SRUE) which is a 3-
bedroomed residential unit.  This application
is considered to comprise of the following:
3 bed = 1 SRUE
Page 145

Page 146

This assessment is therefore based on 1
SRUE.
INFRASTRUCTURE
Education
Primary Education
The pupils generated by this development are
zoned to Hopeman Primary School. The
school is currently operating at 53% physical
capacity and the additional pupil as a result of
this development can be accommodated. As a
result, no mitigation is necessary in this
instance. 
Contribution towards Primary Education =
Nil
Secondary Education
The pupils generated by this development are
zoned to x High School. The school is
currently operating at 86% capacity and the
additional pupil as a result of this
development can be accommodated. As a
result, no mitigation is necessary in this
instance. 
Contribution towards Secondary Education =
Nil
Transport
The Moray Council Transportation Services
has confirmed that a contribution towards
the Council`s demand responsive transport
service is required to mitigate the impact, in
terms of increased usage, on this service
given the proposed development is located
within a rural area with no access to bus
services. In accord with the Moray Council`s
Supplementary Guidance on Developer
Obligations, a contribution of per
SRUE is sought. Therefore:
Contributions towards Transport =
Healthcare
Healthcare Facilities include General Medical
Services (GMS), community pharmacies and
dental practices. Scottish Health Planning
Notes provide national guidance on standards
and specification for healthcare facilities. The
recommended number of patients is 1500 per
General Practitioner (GP) and floorspace
requirement per GP is 271m2. 
Healthcare infrastructure requirements have
been calculated with NHS Grampian on the
basis of national standards and specifications
for healthcare facilities and estimating the
likely number of new patients generated by
the development (based on the average
household size of 2.17 persons -Census 2011).
Moray Coast Medical Practice is the nearest
GP Practice within which healthcare facilities
can be accessed by the proposed
development. NHS Grampian has confirmed
that Moray Coast Medical Practice is currently
working beyond design capacity and existing
space will be required to be extended.
Contributions are calculated based on a
proportional contribution of per SRUE
for the extension of the health center or such
other healthcare facilities for which the
Council is able to demonstrate reasonable
justification and will serve the residents of the
Development.
Contribution towards Healthcare =
Page 146

Page 147

Sports and Recreational Facilities
Existing sports provision within Lossiemouth
is considered to be adequate to serve the
needs of the residents anticipated to be
generated by this development. Therefore, in
this instance, no contribution will be
required.
Contribution for Sports and Recreation
Facilities = Nil 
AFFORDABLE HOUSING
The average market value of a serviced plot
for 1 Affordable Unit within the Elgin local
Housing Market Area is  
Contributions are based on 25% of the total
number of units proposed in the application:
Therefore, the total contribution towards
affordable housing is:
Affordable housing is a policy requirement
not a developer obligation and will not be
subject to negotiation. 
Page 147

Page 148

TERMS OF ASSESSMENT
This assessment report is valid for a period of
6 months from the date of issue.  
Please note that any subsequent planning
applications for this site may require a re-
assessment to be undertaken on the basis of
the policies and rates pertaining at that time.  
PAYMENT OF CONTRIBUTIONS
Remittance of financial obligations can be
undertaken either through the provision of an
upfront payment or by entering into a Section
75 agreement.  The provision of an upfront
payment will allow a planning consent to be
issued promptly.  However, where the
amount of developer contributions are such
that an upfront payment may be considered
prohibitive a Section 75 will likely be required. 
The payment of contributions may be tied
into the completion of houses through a
Section 75 Agreement or equivalent, to
facilitate the delivery of development. Please
note that Applicants are liable for both the
legal costs of their own Legal Agent fees and
Council’s legal fees and outlays in the
preparation of the document. These costs
should be taken into account when
considering the options.
INDEXATION
Developer obligations towards Moray Council
infrastructure are index linked to the General
Building Cost Price Index (BCPI) as published
by the Building Cost Information Service
(BCIS) of the Royal Institute of Chartered
Surveyors (RICS) from Q3, 2017 and
obligations towards NHS Grampian
infrastructure are index linked to All in Tender
Price Index (TPI) as published by the Royal
Institute of Chartered Surveyors (RICS) from
Q2, 2017. 
Page 148

Page 149

MORAY COUNCIL
PLANNING CONSULTATION RESPONSE
From:   The Moray Council, Flood Risk Management
Planning Application Ref. No: 24/00428/PPP 
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)
A full surface water drainage design must be submitted with any full application. This should detail
the grey water system integration. 
Contact: James Ross Date  26/06/2024
email address: James.ross@moray.gov.uk Phone No 
Consultee: The Moray Council, Flood Risk Management 
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Thursday, 28 March 2024 
Local Planner
Development Services
Moray Council
Elgin
IV30 1BX 
Dear Customer, 
Stanes, Cummingston, Elgin, IV30 5XY
Planning Ref: 24/00428/PPP 
Our Ref: DSCAS-0106741-CNF
Proposal: Sub divide site for dwellinghouse and form new vehicle access 
Please quote our reference in all future correspondence 
Audit of Proposal
Scottish Water has no objection to this planning application; however, the applicant should be
aware that this does not confirm that the proposed development can currently be serviced.
Please read the following carefully as there may be further action required. Scottish Water
would advise the following: 
Water Capacity Assessment 
Scottish Water has carried out a Capacity review and we can confirm the following: 
 This proposed development will be fed from Glenlatterach Water Treatment Works.
Unfortunately, Scottish Water is unable to confirm capacity currently so to allow us to
fully appraise the proposals we suggest that the applicant completes a Pre-
Development Enquiry (PDE) Form and submits it directly to Scottish Water via our
Customer Portal or contact Development Operations. 
Waste Water Capacity Assessment 
 There is currently sufficient capacity for a foul only connection in the Moray West
Waste Water Treatment works to service your development. However, please note
that further investigations may be required to be carried out once a formal application
has been submitted to us. 
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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Please Note 
 The applicant should be aware that we are unable to reserve capacity at our water
and/or waste water treatment works for their proposed development. Once a formal
connection application is submitted to Scottish Water after full planning permission
has been granted, we will review the availability of capacity at that time and advise
the applicant accordingly. 
Surface Water 
For reasons of sustainability and to protect our customers from potential future sewer
flooding, Scottish Water will not accept any surface water connections into our combined
sewer system. 
There may be limited exceptional circumstances where we would allow such a connection
for brownfield sites only, however this will require significant justification from the customer
taking account of various factors including legal, physical, and technical challenges. 
In order to avoid costs and delays where a surface water discharge to our combined sewer
system is anticipated, the developer should contact Scottish Water at the earliest opportunity
with strong evidence to support the intended drainage plan prior to making a connection
request. We will assess this evidence in a robust manner and provide a decision that reflects
the best option from environmental and customer perspectives. 
General notes: 
 Scottish Water asset plans can be obtained from our appointed asset plan providers: 
 Site Investigation Services (UK) Ltd
 Tel: 0333 123 1223  
 Email: sw@sisplan.co.uk
 www.sisplan.co.uk 
 Scottish Water’s current minimum level of service for water pressure is 1.0 bar or
10m head at the customer’s boundary internal outlet.  Any property which cannot be
adequately serviced from the available pressure may require private pumping
arrangements to be installed, subject to compliance with Water Byelaws. If the
developer wishes to enquire about Scottish Water’s procedure for checking the water
pressure in the area, then they should write to the Customer Connections department
at the above address. 
 If the connection to the public sewer and/or water main requires to be laid through
land out-with public ownership, the developer must provide evidence of formal
approval from the affected landowner(s) by way of a deed of servitude. 
 Scottish Water may only vest new water or waste water infrastructure which is to be
laid through land out with public ownership where a Deed of Servitude has been
obtained in our favour by the developer. 
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 The developer should also be aware that Scottish Water requires land title to the
area of land where a pumping station and/or SUDS proposed to vest in Scottish
Water is constructed. 
 Please find information on how to submit application to Scottish Water at our
Customer Portal. 
Next Steps: 
 All Proposed Developments 
All proposed developments require to submit a Pre-Development Enquiry (PDE)
Form to be submitted directly to Scottish Water via our Customer Portal prior to any
formal Technical Application being submitted. This will allow us to fully appraise the
proposals. 
Where it is confirmed through the PDE process that mitigation works are necessary
to support a development, the cost of these works is to be met by the developer,
which Scottish Water can contribute towards through Reasonable Cost Contribution
regulations. 
 Non Domestic/Commercial Property: 
Since the introduction of the Water Services (Scotland) Act 2005 in April 2008 the
water industry in Scotland has opened to market competition for non-domestic
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
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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, 
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  1st April 2024
Planning Authority
Reference
24/00428/PPP
Nature of Proposal
(Description)
Sub divide site for dwellinghouse and form new
vehicle access at
Site Stanes
Cummingston
Elgin
Moray
IV30 5XY 
Site Postcode N/A
Site Gazetteer UPRN 000133050410
Proposal Location Easting 313483
Proposal Location Northing 869030
Area of application site (M2) 421
Additional Comment 
Development Hierarchy
Level
LOCAL
Supporting Documentation
URL
https://publicaccess.moray.gov.uk/eplanning/ce
ntralDistribution.do?caseType=Application&ke
yVal=SABSUTBGG1200
Previous Application 07/01152/FUL 
Date of Consultation 18th March 2024
Is this a re-consultation of
an existing application?
No
Applicant Name Mrs I Noble
Applicant Organisation
Name 
Applicant Address Stanes
Cummingston
Elgin
Moray
IV30 5XY 
Agent Name Tulloch Of Cummingston Ltd
Agent Organisation Name 
Agent Address
Tulloch House
Forsyth Street
Hopeman
Moray
IV30 5ST
Agent Phone Number 
Agent Email Address N/A
Case Officer Shona Strachan
Case Officer Phone number 01343 563303
Case Officer Mobile number 07794 166912
Case Officer email address shona.strachan@moray.gov.uk
PA Response To consultation.planning@moray.gov.uk 
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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:   Transportation Manager 
Planning Application Ref. No: 24/00428/PPP
Sub divide site for dwellinghouse and form new vehicle access at Stanes Cummingston
Elgin Moray for Mrs I Noble 
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 subdivide an existing properties garden ground to provide a new 3 bed
dwelling via the removal of an existing double garage, with the existing vehicular access
retained for the new property, and a new access formed for the original property. No
alterations (other than the formation of the new access) are proposed to the existing
boundary fronting onto the B9040 Main Road which is already set back well behind the
public footway. The following conditions would apply:
Condition(s)
1. Notwithstanding the submitted details, prior to the first occupation of the new dwelling
house, drop kerbs shall be provided across the new access to The Moray Council
specification. The width of the new vehicular access shall be minimum 3.5m and have
a maximum gradient of 1:20 measured for the first 5.0m from the edge of the public
carriageway. 
Reason: To ensure acceptable infrastructure at the development access 
2. Parking provision shall be as follows:
• 2 spaces for a new dwelling with two or three bedrooms; or
• 3 spaces for a new dwelling with four bedrooms or more; and
• 2 spaces retained for the existing dwelling. 
The car parking spaces shall be provided within the site prior to the occupation or
completion of the new dwelling house, whichever is the sooner.  The parking spaces shall
thereafter be retained throughout the lifetime of the development, unless otherwise agreed
in writing with the Council as Planning Authority.   
Reason: To ensure the permanent availability of the level of parking necessary for
residents/visitors/others in the interests of an acceptable development and road safety. 
3. No boundary fences, hedges, walls or any other obstruction whatsoever over 1.0m in
height (measured from the level of the road) and fronting onto the public road shall be
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Reason: To enable drivers of vehicles entering or exiting the site(s) to have a clear view
so that they can undertake the manoeuvre safely and with the minimum interference to the
safety and free flow of traffic on the public road. 
4. New boundary walls/fences shall be set back from the edge of the public carriageway
at a distance of as existing. 
Reason: To ensure acceptable development in the interests of road safety. 
5. 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 new 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. 
Before starting any work on the existing public road the applicant is obliged to apply for a
road opening permit in accordance with Section 56 of the Roads (Scotland) Act 1984. 
This includes any temporary access joining with the public road.   Advice on these matters
can be obtained by emailing roadspermits@moray.gov.uk   
Public utility apparatus may be affected by this proposal.  Contact the appropriate utility
service in respect of any necessary utility service alterations which have to be carried out
at the expense of the developer. 
Note – although the proposed driveway/parking area for the parent property reflects the
current arrangement, given the available space within the retained site it would be
recommend that the proposed driveway be extended in width to provide a turning area
such that vehicles are able to enter and exit onto the public road in a forward gear. 
Note – Electric Vehicle (EV) charger infrastructure would require to be provided for the
new property; however, for clarity the EV details shall be assessed separately as part of
any associated building warrant submission. Guidance on Electric Vehicle (EV) Charging
requirements can be found at: http://www.moray.gov.uk/downloads/file134860.pdf 
No building materials/scaffolding/builder’s skip shall obstruct the public road (including
footpaths) without permission from the Roads Authority. 
The applicant shall free and relieve the Roads Authority from any claims arising out of
their operations on the road or extension to the road. 
Contact: AG Date 26 March 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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Consultee Comments for Planning Application 24/00428/PPP
Application Summary
Application Number: 24/00428/PPP
Address: Stanes Cummingston Elgin Moray IV30 5XY
Proposal: Sub divide site for dwellinghouse and form new vehicle access at
Case Officer: Shona Strachan
Consultee Details
Name: Mr EH Consultations
Address: Environmental Health, Council Offices, High Street Elgin, Moray IV30 1BX
Email: Not Available
On Behalf Of: Environmental Health C12
Comments
Approved unconditionally - Andrew Stewart
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REPORT OF HANDLING 
Ref No: 24/00428/PPP Officer: Shona Strachan
Proposal
Description/
Address  
Sub divide site for dwellinghouse and form new vehicle access at Stanes
Cummingston Elgin Moray
Date: 04/07/2024 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 
Moray Flood Risk Management 26/06/24
No objection subject to a condition which
would require a full detailed drainage design
with any detailed planning application which
should detail the grey water system
integration.  
Planning And Development Obligations 20/03/24
Developer Obligations Assessment
identifies obligations towards: 
Demand Response Transport 
Healthcare 
Affordable Housing Contribution is also
required.   
Environmental Health Manager 18/03/24 No objection 
Contaminated Land 21/03/24 No objection 
Transportation Manager 26/03/24 No objection subject to conditions for safe
access and parking.  
Scottish Water 28/03/24
No objection subject to their Pre-
Development Enquiry Process at the
appropriate juncture.
Aberdeenshire Council Archaeology
Service
26/03/24 No objections 
DEVELOPMENT PLAN POLICY
Policies Dep Any Comments 
(or refer to Observations below)
National Planning Framework 2023  
NPF1 - Tackling the Climate N 
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NPF2 - Climate mitigation and adaptation N 
NPF3 - Biodiversity N 
NPF4 - Natural Places Y 
NPF5 - Soils N 
NPF12 - Zero waste N 
NPF13 - Sustainable transport N 
NPF14 - Design, quality and place Y 
NPF16 - Quality homes Y 
NPF18 - Infrastructure first N 
NPF20 - Blue and green infrastructure N 
NPF22 - Flood risk N 
NPF23 - Health and safety N 
Moray Local Development Plan 2020  
PP3 Infrastructure and Services N 
DP1 Development Principles Y 
DP2 Housing N 
EP3 Special Landscape Areas Y 
EP12 Management and Enhancement Water N 
EP14 Pollution Contamination Hazards N 
EP13 Foul Drainage N 
REPRESENTATIONS
Representations Received YES 
Total number of representations received: ONE
Names/Addresses of parties submitting representations 
Name and address details of parties submitting representations withheld in accordance with the
General Data Protection Regulations. 
Summary and Assessment of main issues raised by representations
Issue: This proposal will completely ruin view.   
Comments (PO): There is no right to a view in planning terms. It is not a material consideration.   
Issue: Noise of construction will cause a huge burden to our ability to work from home. 
Comments (PO): Whilst it is acknowledged that building works can cause noise disruption, this is of
a timebound nature and measures can be put in place to control hours of works etc.  Ultimately
construction noise is not a material planning reason to refuse a planning application.   
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Issue: Carnan has been missed off the plan between Avron Bank and Edoras.
Comments (PO): The purpose of the location plan is to identify the application site. The location plan
meets the requirements to do this and meets the requirements of the planning application validation.
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 and adopted Moray Local
Development Plan 2020 (MLDP 2020) unless material considerations indicate otherwise.
The main planning issues are considered below:
Proposal
This application seeks planning permission in principle to sub divide existing house site for
dwellinghouse and form new vehicle access at Stanes Cummingston.
As this is an application for planning permission in principle detailed design information has not been
provided. The site plan does show an indicative position and footprint for the proposed dwelling and
also shows the site access, as well as a new access to be formed for the existing property. During
the course of the application an amended site plan was submitted to show a reduced house footprint.
This plan is indicative and forms the basis for this assessment.
The site plan also shows the position and footprint of the existing garage which is to be removed. The
proposed dwelling is shown to be sited over the footprint of the garage. Drainage is to be connected
to the existing mains pipes with a rain water harvesting system to be installed on site, this grey water
can be used for W/C flushing and garden maintenance. Access will be to the south onto the main
B9040 public road, the proposal would entail the installation of a new access for the existing property.
Site
The property Stanes is a traditionally designed and proportioned single storey dwelling positioned
centrally within its plot. Whilst the property is not listed it does have an elegance arising from its
traditional design and setting within the plot.
As shown on the site plan, under this proposal the existing property would be sub divided to the east
of the site and would entail the removal of the existing flat roofed garage with the proposed house to
be positioned at this location. Beyond the site boundary to the east is a narrow access lane with the
existing neighbouring property beyond, this eastward neighbouring property is a narrow spanned
small proportioned cottage. The public road is to the south of the site which is lined with existing
properties and the parent to the west. The garden ground of the property extents to the north and
includes a change in level.
Under the terms of the MLDP 2020 Cummingston falls with the Burghead to Lossiemouth Coast
Special Landscape Area.
Policy Assessment
Siting and Impact of the Development NPF Policies 14, 16 & 4, and, MLDP Policies DP1, part f
& Policy EP3 part b
NPF4 Policy 14 requires that development proposals be designed to improve the quality of an area
whether in urban or rural locations and regardless of scale. It also states that development proposals
will be supported where they are consistent with the six qualities of successful places; Healthy,
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Pleasant, Connected, Distinctive, Sustainable and Adaptable. NPF Policy 14 states that proposals
which are poorly designed, detrimental to the amenity of the surrounding area or inconsistent with the
six qualities of successful places will not be supported. 
NPF Policy 16 is supportive of quality homes for proposals which are for small scale opportunities
within existing settlement boundaries.   
Policy DP1, part f) sets out specific requirements for sub divide garden plots. Specifying that:
proposals do not result in backland development or plots that are subdivided by more than 50% of
the original plot. Sub-divided plots must be a minimum of 400m2, excluding access and the built-up
area of the application site will not exceed one-third of the total area of the plot and advises that the
resultant plot density and layout reflects the character of the surrounding area. 
Policies NPF4 and MLDP (EP3) Policy EP3 seek to preserve special landscape areas, specifically
Policy EP3 part b) applies to urban areas and requires proposal to meet the relevant terms of Policy
DP1 and to reflect the traditional settlement character in terms of siting and design.    
The existing property Stanes is a traditionally designed and proportioned single storey dwelling
positioned centrally within its plot. Whilst the property is not listed it does have an elegant
pleasantness arising from its traditional design and its position centrally within the plot.  The proposal
to remove an existing inconsequential ancillary garage and sub divide the garden ground to create an
additional house site in the grounds of the existing dwelling would appear cramped and incongruous
to the existing layout and fail to reflect and respect the existing character of the site.  The proposal
would therefore be detrimental to the character of the site and its surrounds which is part of the
Burghead to Lossiemouth Coast Special Landscape Area which requires high quality siting
characteristics for all development.    
As a result, the existing garden ground of the property Stanes is not considered to be a suitable sub
divide house plot. The proposal therefore fails to comply with NPF Policies 14, 16 & 4, and, MLDP
Policies DP1, part f & Policy EP3 part b) 
Design and Amenity Considerations NPF Policies 14, 16 & 4, and, MLDP Policies DP1, part f &
Policy EP3 part b  
As detailed above, whilst it is considered that the proposal would undermine the existing high quality
character of the site, it is recommended that should the application go on to be approved that any
house design should be of restricted height and limited footprint with traditional materials and finish. 
This is to help ensure an acceptable design and appearance and limit amenity impacts in relation to
any over bearing impacts from a dwelling being sited in an existing garden. However, these matters
are considered separate from and does not override the policy objection to the proposal based on the
inappropriate siting of the proposal.    
Water and Drainage NPF 20 & 22 / MLDP 12 & 13  
Scottish Water has confirmed no objection to the proposal and any connections required for drinking
and foul connection would be the subject of separate liaison between the applicant and Scottish
Water at the appropriate juncture should the application go on to be approved.    
The application has been supported by a drainage assessment which has been accepted by Moray
Flood Risk Management the surface water drainage proposal is considered acceptable for planning
permission in principle and further details would be sought as part of any future detailed application. 
Compliance with Drainage requirements is separate from and does not override the policy objection
to this proposal based on its inappropriate siting.   
Access and Parking NPF 13 / MLDP DP1  
The Transportation Manager has raised no objection to the proposal subject to conditions for safe
secure access for the existing and proposed dwelling. The Transportation Manager, is satisfied that
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these can be achieved. However, this is separate from the policy objection to the proposal based on
its unacceptable siting.
Developer Obligations and Affordable Housing NPF 18 / MLDP PP3 & DP1
The Assessment identifies that Developer Obligations towards demand responsive transport and
healthcare is required. An affordable housing contribution is also required.
The applicant has confirmed willingness to accept the obligations and the contribution, these aspects
would be secured by a Section 75 Agreement should the application go on to be approved. The
proposal would therefore acceptable under the requisite requirements of policies. However, this is
separate from the policy objection to the proposal based on its unacceptable siting.
Climate Change, Soils and Biodiversity NPF 1, 2, 3 & 5
The proposal seeks to further develop an already developed house site within an existing settlement
boundary. Therefore the proposal is not considered to be significantly detrimental to the global nature
and climate crisis. Specific requirements for biodiversity enhancement could be requested as part of
any detailed design proposals. However, these matters are separate from and do not override the
unacceptable siting of the development.
Conclusion and Recommendation
In this instance, the proposal has failed to comply with the terms of Policies NPF Policies 14 & 4, and,
MLDP Policies DP1, part f & Policy EP3 part b). The proposal for the subdivision of garden ground to
create an additional dwelling would fail to reflect and respect the character of the site and therefore
would be detrimental to the character of the site and the surrounding area which is part of the
Burghead to Lossiemouth Coast Special Landscape Area which requires high quality siting
characteristics to be achieved.
OTHER MATERIAL CONSIDERATIONS TAKEN INTO ACCOUNT
N/A
HISTORY
Reference No. Description
Take down and replace existing timber conservatory with new UPVC
conservatory at Stanes Cummingston Burghead Elgin Moray
07/01152/FUL Decision Permitted Date Of Decision 03/07/07
ADVERT
Advert Fee paid? N/A
Local Newspaper Reason for Advert Date of expiry
DEVELOPER CONTRIBUTIONS (PGU)
Status CONT SOUGHT
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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:  Drainage Assessment 
Main Issues:  Provides detail of proposed drainage design which will include a grey water
system. 
.
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:  24/00428/PPP
IMPORTANT
YOUR ATTENTION IS DRAWN TO THE REASONS and NOTES BELOW
SCHEDULE OF REASON(S) FOR REFUSAL
By this Notice, the Moray Council has REFUSED this proposal. The Councils
reason(s) for this decision are as follows: -
The proposal is contrary to the provisions of Policies NPF Policies 14, 16 & 4,
and, MLDP Policies DP1, part f & Policy EP3 part b) of the Development Plan
because: The proposal to create an additional house site in the garden
grounds of the existing parent property Stanes would appear incongruous to
the existing site layout and fail to reflect and respect the existing character of
the site.  The proposal would therefore have a detrimental impact on the
quality of the built environment at this site and be detrimental to the character
and surrounding area which is part of the Burghead to Lossiemouth Coast
Special Landscape Area which requires high quality siting characteristics for
all development.  The proposal would therefore be contrary to Policies NPF
Policies 14, 16 & 4, and, MLDP Policies DP1, part f & Policy EP3 part b) 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
STANES/SITE01 Site plan
STANES/LOC01 Location plan
STANES/VIS01 Visibility splay
DETAILS OF ANY VARIATION MADE TO ORIGINAL PROPOSAL,
AS AGREED WITH APPLICANT (S.32A of 1997 ACT)
Amended site plan submitted showing a reduced house footprint.
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
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(Page 3 of 3) Ref:  24/00428/PPP
also available and can be submitted online or downloaded from
www.eplanning.scot/eplanningClient
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 100664541-004
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
Tulloch of Cummingston Ltd
Christopher
Bremner
Tulloch House
Tulloch House
01343 835600
IV30 5ST
United Kingdom
Elgin
Forsyth street
Christopher@tullochofcummingston.co.uk
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Applicant Details
Please enter Applicant details
Title: You must enter a Building Name or Number, or both: *
Other Title: Building Name:
First Name: * Building Number:
Address 1
Last Name: * (Street): *
Company/Organisation Address 2:
Telephone Number: * Town/City: *
Extension Number: Country: *
Mobile Number: Postcode: *
Fax Number:
Email Address: *
Site Address Details
Planning Authority:
Full postal address of the site (including postcode where available):
Address 1: 
Address 2:
Address 3:
Address 4:
Address 5:
Town/City/Settlement:
Post Code:
Please identify/describe the location of the site or sites
Northing Easting
Mrs
STANES
I
Moray Council
Noble
CUMMINGSTON
Cummingston
Stanes
ELGIN
IV30 5XY
IV30 5XY
Scotland
869030
Hopeman
313483
christopher@tullochofcummingston.co.uk
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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)
Sub divide site for dwellinghouse and form new vehicle access at Stanes, Cummingston
We believe it should be recommended for approval. Appeal supporting statement attached.
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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
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
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.
Planning appeal statement
24/00428/PPP
09/07/2024
13/03/2024
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Declare – Notice of Review
I/We the applicant/agent certify that this is an application for review on the grounds stated.
Declaration Name: Mr Blair Tulloch
Declaration Date: 28/08/2024
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27 August 2024 
Plot to East of Stanes
Cummingston 
PLANNING APPEAL STATEMENT
(In support of the review of planning decision 
notice 24/00428/PPP) 
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Planning Statement (LRB) – Plot to East of Stanes, Cumingston   
2
CONTENTS 
1. INTRODUCTION        Page 3 
2. DEVELOPMENT PROPOSAL & POLICY APPRAISAL   Page 5 
3. REFUSAL NOTICE & DISCUSSION     Pages 6-9 
4. CONCLUSION        Page 10   
Author C Bremner 
Version Issue 1 August 2024 
Tulloch of Cummingston Ltd, Tulloch House, Forsyth Street, Hopeman, IV30 5ST
Tel: (01343) 835600 Fax: (01343) 835700 Email: office@tullochofcummingston.co.uk 
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Planning Statement (LRB) – Plot to East of Stanes, Cumingston   
3
1. INTRODUCTION
The purpose of this Planning Statement is to draw upon the details as already submitted to demonstrate
that the proposed plot (planning application reference 24/00428/PPP) should have been approved given
its compliance with existing and emerging national planning policies and compliance with the principle
aims set out in MLDP and associated material considerations. 
This Statement is not intended to provide new supporting information but instead to respond to the
assessment made in the Officer’s Handling Report and the reasons for refusal as outlined in the Decision
Notice, by providing additional policy referencing and evidence. These are provided to counter argue the
points in the reasons for refusal and those outlined in the Officer’s Handling Report. Reference to policy
and visual aspects during site inspections would have been available and be used by the planning officer
in determining this proposal and are not therefore new material. 
Given the statutory requirement that all applications should be assessed on their own individual merits
against planning policy and material planning considerations, this Statement will concentrate on the
consideration of whether the proposals meet the policy requirements in principle as set out in national
policy and guidance, and then regarding Policy DP1 part f (Development Principles), EP3 part b, NPF 4,14
and 16, as included in the reasons for refusal. Relevant and significant material considerations are also
presented throughout the Statement, which must be considered in assessing this application. 
It is important and specifically requested that the Local Review Body Members read this Statement
alongside all the previously submitted Statements and Reports to enable a comprehensive review of all
the facts and merits involved in these proposals before making their decision on this case. 
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Planning Statement (LRB) – Plot to East of Stanes, Cumingston
4
2. DEVELOPMENT PROPOSAL
The site is located at Grid reference NJ 13492 69043 (313492E, 869043N), to the East end of
Cummingston.
Cummingston has a wide variety of house styles and designs along the full length of the village with
many of these being the result of sub-division of the original large almost croft like holdings.
The proposal as shown on the site plan, under this application, was to sub divide the existing garden
area and part of the adjoining lane to the east of the site forming a new plot 442sqm. Plot development
will include the replacement of the existing flat roofed double garage with a proposed single-storey
house to be positioned at this location.
The proposed house outline indicated on the proposal would be of similar frontage to the existing
double garage and design of the proposed house would be subject to a full planning application which
Moray Council would have control over the house design and character.
This application was submitted to provide the option for the current elderly owner of Stanes to
downsize into a smaller more energy efficient bungalow with a much more manageable garden area.
We felt there would be no loss of amenity to the existing bungalow as there are no windows looking
directly onto the proposed plot and there is still a more than sizeable garden area left to the rear and
west.
The access to the proposed site would be via the existing driveway serving Stanes and a new access with
off-street parking is proposed further West to serve the existing house. Both accesses have no visibility
issues, and the Transportation manager has raised no objection to the proposals.
A Site Investigation and Drainage Assessment was carried out by Mabbett, Appendix 1, and proposed
surface water is to discharge to the existing sewer located within the public road via a Rainwater
harvesting tank. A public water supply would be laid into the dwelling which Scottish Water had no
objection to.
3. REFUSAL NOTICE & DISCUSSION
The planning application was determined on 9th July 2024 and was refused planning permission for the
reason(s) as follows-
The proposal is contrary to the provisions of Policies NPF Policies 14, 16 & 4, and, MLDP Policies DP1,
part f & Policy EP3 part b) of the Development Plan because: The proposal to create an additional house
site in the garden grounds of the existing parent property Stanes would appear incongruous to the
existing site layout and fail to reflect and respect the existing character of the site. The proposal would
therefore have a detrimental impact on the quality of the built environment at this site and be
detrimental to the character and surrounding area which is part of the Burghead to Lossiemouth Coast
Special Landscape Area which requires high quality siting characteristics for all development. The
proposal would therefore be contrary to Policies NPF Policies 14, 16 & 4, and MLDP Policies DP1, part f
& Policy EP3 part b) of the Development Plan
Appendix 2 Contains the decision notice and the planning officers handling of the application.
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Planning Statement (LRB) – Plot to East of Stanes, Cumingston   
5
1 - DP1/EP3 
Policy DP1: Proposals do not result in backland development or plots that are subdivided by more than
50% of the original plot. Sub-divided plots must be a minimum of 400m2, excluding access and the built-
up area of the application site will not exceed one-third of the total area of the plot and the resultant
plot density and layout reflects the character of the surrounding area. 
The proposed plot is 442sqm and the built-up area of the plot will be less than a third of the total plot
area. 
The planning officer’s report of handling suggests the existing garage is inconsequential, however there
is no denying the current double garage building which has a flat roof and 2 large white doors is very
visible in this location. A single-storey house of similar frontage with a slated, hipped roof for example
would be more in character with its surroundings than the current garage building. 
Just two doors along a similar plot subdivision has taken place (03/00491/FUL) which has squeezed a
large and imposing 3 level house into an even narrower plot of land (see Appendix 5 attached). 
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Planning Statement (LRB) – Plot to East of Stanes, Cumingston
6
Tulloch of Cummingston recently also had an application permitted in the village on a similar width plot
(22/01299/APP) with 900mm width on one side and 1200mm to the other, so considerably tighter than
this proposal (see Appendix 6 attached).
2 – NPF 4,14 and 16
The National Planning Framework NPF 14 states developments are to be:
“Sustainable: Supporting the efficient use of resources that will allow people to live, play, work and stay
in their area, ensuring climate resilience, and integrating nature positive, biodiversity solutions.”
The proposed plot was to allow the applicant to stay in the area by downsizing to a smaller bungalow
and garden which is more manageable, otherwise the house will have to be sold and the applicant will
have to move away from the area she has stayed in most of her adult life to find a suitable new home.
NPF 16 part C ii. States development could include:
“accessible, adaptable and wheelchair accessible homes”
And Part C vi. “homes for older people”
The proposed application would allow for a house to be built to current Building standards
which would be accessible and adaptable as standard.
4. CONCLUSION
For the reasons given above, we have demonstrated that the proposed development would comply with
current planning policies, and we ask that the proposal be considered favourably for approval on appeal.
END OF REPORT
Appendices:
1. Drainage assessment
2. Decision notice and Report of Handling
3. Site Plan - Refused
4. Email to planning officer – 27-05-2024
5. Rowandale, Cummingston – Plan and photos (03/00491/FUL)
6. Lochiel, Cummingston – Approved planning (22/01299/APP)
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(Page 2 of 3) Ref:  24/00428/PPP
IMPORTANT
YOUR ATTENTION IS DRAWN TO THE REASONS and NOTES BELOW
SCHEDULE OF REASON(S) FOR REFUSAL
By this Notice, the Moray Council has REFUSED this proposal. The Councils
reason(s) for this decision are as follows: -
The proposal is contrary to the provisions of Policies NPF Policies 14, 16 & 4,
and, MLDP Policies DP1, part f & Policy EP3 part b) of the Development Plan
because: The proposal to create an additional house site in the garden
grounds of the existing parent property Stanes would appear incongruous to
the existing site layout and fail to reflect and respect the existing character of
the site.  The proposal would therefore have a detrimental impact on the
quality of the built environment at this site and be detrimental to the character
and surrounding area which is part of the Burghead to Lossiemouth Coast
Special Landscape Area which requires high quality siting characteristics for
all development.  The proposal would therefore be contrary to Policies NPF
Policies 14, 16 & 4, and, MLDP Policies DP1, part f & Policy EP3 part b) 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
STANES/SITE01 Site plan
STANES/LOC01 Location plan
STANES/VIS01 Visibility splay
DETAILS OF ANY VARIATION MADE TO ORIGINAL PROPOSAL,
AS AGREED WITH APPLICANT (S.32A of 1997 ACT)
Amended site plan submitted showing a reduced house footprint.
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
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(Page 3 of 3) Ref:  24/00428/PPP
also available and can be submitted online or downloaded from
www.eplanning.scot/eplanningClient
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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REPORT OF HANDLING 
Ref No: 24/00428/PPP Officer: Shona Strachan
Proposal
Description/
Address  
Sub divide site for dwellinghouse and form new vehicle access at Stanes
Cummingston Elgin Moray
Date: 04/07/2024 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 
Moray Flood Risk Management 26/06/24
No objection subject to a condition which
would require a full detailed drainage design
with any detailed planning application which
should detail the grey water system
integration.  
Planning And Development Obligations 20/03/24
Developer Obligations Assessment
identifies obligations towards: 
Demand Response Transport 
Healthcare 
Affordable Housing Contribution is also
required.   
Environmental Health Manager 18/03/24 No objection 
Contaminated Land 21/03/24 No objection 
Transportation Manager 26/03/24 No objection subject to conditions for safe
access and parking.  
Scottish Water 28/03/24
No objection subject to their Pre-
Development Enquiry Process at the
appropriate juncture.
Aberdeenshire Council Archaeology
Service
26/03/24 No objections 
DEVELOPMENT PLAN POLICY
Policies Dep Any Comments 
(or refer to Observations below)
National Planning Framework 2023  
NPF1 - Tackling the Climate N 
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NPF2 - Climate mitigation and adaptation N 
NPF3 - Biodiversity N 
NPF4 - Natural Places Y 
NPF5 - Soils N 
NPF12 - Zero waste N 
NPF13 - Sustainable transport N 
NPF14 - Design, quality and place Y 
NPF16 - Quality homes Y 
NPF18 - Infrastructure first N 
NPF20 - Blue and green infrastructure N 
NPF22 - Flood risk N 
NPF23 - Health and safety N 
Moray Local Development Plan 2020  
PP3 Infrastructure and Services N 
DP1 Development Principles Y 
DP2 Housing N 
EP3 Special Landscape Areas Y 
EP12 Management and Enhancement Water N 
EP14 Pollution Contamination Hazards N 
EP13 Foul Drainage N 
REPRESENTATIONS
Representations Received YES 
Total number of representations received: ONE
Names/Addresses of parties submitting representations 
Name and address details of parties submitting representations withheld in accordance with the
General Data Protection Regulations. 
Summary and Assessment of main issues raised by representations
Issue: This proposal will completely ruin view.   
Comments (PO): There is no right to a view in planning terms. It is not a material consideration.   
Issue: Noise of construction will cause a huge burden to our ability to work from home. 
Comments (PO): Whilst it is acknowledged that building works can cause noise disruption, this is of
a timebound nature and measures can be put in place to control hours of works etc.  Ultimately
construction noise is not a material planning reason to refuse a planning application.   
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Pleasant, Connected, Distinctive, Sustainable and Adaptable. NPF Policy 14 states that proposals
which are poorly designed, detrimental to the amenity of the surrounding area or inconsistent with the
six qualities of successful places will not be supported. 
NPF Policy 16 is supportive of quality homes for proposals which are for small scale opportunities
within existing settlement boundaries.   
Policy DP1, part f) sets out specific requirements for sub divide garden plots. Specifying that:
proposals do not result in backland development or plots that are subdivided by more than 50% of
the original plot. Sub-divided plots must be a minimum of 400m2, excluding access and the built-up
area of the application site will not exceed one-third of the total area of the plot and advises that the
resultant plot density and layout reflects the character of the surrounding area. 
Policies NPF4 and MLDP (EP3) Policy EP3 seek to preserve special landscape areas, specifically
Policy EP3 part b) applies to urban areas and requires proposal to meet the relevant terms of Policy
DP1 and to reflect the traditional settlement character in terms of siting and design.    
The existing property Stanes is a traditionally designed and proportioned single storey dwelling
positioned centrally within its plot. Whilst the property is not listed it does have an elegant
pleasantness arising from its traditional design and its position centrally within the plot.  The proposal
to remove an existing inconsequential ancillary garage and sub divide the garden ground to create an
additional house site in the grounds of the existing dwelling would appear cramped and incongruous
to the existing layout and fail to reflect and respect the existing character of the site.  The proposal
would therefore be detrimental to the character of the site and its surrounds which is part of the
Burghead to Lossiemouth Coast Special Landscape Area which requires high quality siting
characteristics for all development.    
As a result, the existing garden ground of the property Stanes is not considered to be a suitable sub
divide house plot. The proposal therefore fails to comply with NPF Policies 14, 16 & 4, and, MLDP
Policies DP1, part f & Policy EP3 part b) 
Design and Amenity Considerations NPF Policies 14, 16 & 4, and, MLDP Policies DP1, part f &
Policy EP3 part b  
As detailed above, whilst it is considered that the proposal would undermine the existing high quality
character of the site, it is recommended that should the application go on to be approved that any
house design should be of restricted height and limited footprint with traditional materials and finish. 
This is to help ensure an acceptable design and appearance and limit amenity impacts in relation to
any over bearing impacts from a dwelling being sited in an existing garden. However, these matters
are considered separate from and does not override the policy objection to the proposal based on the
inappropriate siting of the proposal.    
Water and Drainage NPF 20 & 22 / MLDP 12 & 13  
Scottish Water has confirmed no objection to the proposal and any connections required for drinking
and foul connection would be the subject of separate liaison between the applicant and Scottish
Water at the appropriate juncture should the application go on to be approved.    
The application has been supported by a drainage assessment which has been accepted by Moray
Flood Risk Management the surface water drainage proposal is considered acceptable for planning
permission in principle and further details would be sought as part of any future detailed application. 
Compliance with Drainage requirements is separate from and does not override the policy objection
to this proposal based on its inappropriate siting.   
Access and Parking NPF 13 / MLDP DP1  
The Transportation Manager has raised no objection to the proposal subject to conditions for safe
secure access for the existing and proposed dwelling. The Transportation Manager, is satisfied that
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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:  Drainage Assessment 
Main Issues:  Provides detail of proposed drainage design which will include a grey water
system. 
.
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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1
Christopher
From: John Tulloch
Sent: 27 May 2024 17:56
To: Shona Strachan
Cc: Christopher
Subject: FW: 24/00428/PPP: Stanes Cummingston
Attachments: Rowandale.pdf; 20240524_092642.jpg; 20240524_164149.jpg; Moray Council - floor
plans.pdf; Pluscarden Road, Elgin.PNG; 2201299APP-Site plan.pdf; Stanes - Site Plan
A3 - revA.pdf
Hi Shona, 
Chris has forwarded on your email regarding the above application. 
I have spoken to the clients (the owners son and daughter) who are obviously not happy with this and minded
to carry on and have the application determined and submit an appeal to the LRB if the decision is a refusal. 
It may not be relevant from a planning perspective but the application was submitted to provide the option for
the current owner of the house who is in her nineties to downsize into a smaller more energy e$icient
bungalow with a much more manageable garden area. We felt there would be no loss of amenity to the existing
bungalow as there are no windows looking directly onto the new plot and there is still a more than sizeable
garden area left to the rear and west facing side. There would actually have been the potential of forming a plot
to the western side as well within the remaining garden area and still comply with the plot subdivision areas of
400m2 to each but the intention was not to over develop or maximise its potential but to provide the sole
option of downsizing to a smaller home. 
The clients have pointed out that just two doors along a similar plot subdivision has taken place which has
squeezed a new 3 level house into an even narrower plot of land (see Rowandale site plan attached with front
and rear photos) and they feel this has set a precedent and in the interests of consistency can’t understand
why their proposal should be treated any di$erently. 
We did actually carry out another similar plot division a few years back at 70 Pluscarden Road in Elgin (see
attached details again), this also had an existing centrally positioned house with the new plot formed to the
side, again with an even narrower plot frontage, this plot had outline consent when the owners purchased it
and we had to try and design in a bungalow to suit which was admittingly a bit of a challenge! 
Last year we also had an application permitted in the village on a similar width plot (2201299APP) and this
house had barely 900mm width on one side and 1200mm to the other so considerably tighter than our current
proposals. 
Our existing application shows a proposed footprint area that is actually much larger than what would be
required for Mrs Noble’s requirements so I have asked Chris to prepare a new site plan (attached) showing
what would be a fairly standard sized 2 bedroom bungalow on it to be more representative of what would
actually be formed on site should this proceed through outline planning. We have also positioned it further
away from the exiting house whilst still leaving part of the lane for access purposes and a reasonable space to
the side of the proposed new bungalow and increased 2m width to the side of the existing home, this will leave
the proposed single storey house over 6m away from the existing bungalow so this should not in any way be
deemed “cramped” especially in relation to the other properties highlighted above. 
Hopefully what we have shown will be more acceptable and given the above comments be considered fairly
given the circumstances and changes made, I will ask Chris to upload the new site plan to the planning portal,
will this have to be readvertised again? 
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2
Please let me know your thoughts, 
Regards 
John 
John Tulloch 
Managing Director 
Tulloch of Cummingston Ltd 
A: Tulloch House, Forsyth St, Hopeman. IV30 5ST 
E: www.tullochofcummingston.co.uk 
T: 01343 835600 
M: 07917 080500 
From: Christopher <christopher@tullochofcummingston.co.uk> 
Sent: Thursday, May 23, 2024 2:30 PM
To: John Tulloch <john@tullochofcummingston.co.uk>
Subject: FW: 24/00428/PPP: Stanes Cummingston 
From: Shona Strachan <Shona.Strachan@moray.gov.uk> 
Sent: Thursday, May 23, 2024 2:17 PM
To: Christopher <christopher@tullochofcummingston.co.uk>
Subject: 24/00428/PPP: Stanes Cummingston 
Hi Chris, 
Having considered the proposal in detail and following discussion with the DM Manager, I can advised that
should this case proceed to determination it will be refused as being determinantal to the character of the
site.  Given the presence of the existing traditional single storey property located centrally in the plot any
development proposals to be sited on what is ancillary grounds to the existing property will appear cramped
and incongruous to the existing layout.   
Please can you advise if you/your client would wish the application to proceed to determination to a$ord the
opportunity for a review of the case by the LRB? 
Many thanks, 
Shona Strachan| Development Management, Planning Officer | Economic Growth and Development 
shona.strachan@moray.gov.uk | website | facebook | twitter | newsdesk
01343 563303
Page 196

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3Page 197

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Rowandale – OS map 
Page 198

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Rowandale – Front Elevaon 
Rowandale – Rear Elevation
Page 199

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Mabbett & Associates Ltd, Corporate and Registered Office: 13 Henderson Road, Inverness, UK, IV1 1SN
Registered in Scotland No: SC 163378 info@mabbett.eu www.mabbett.eu
Belfast  |  Cardiff  |  Dublin  | Dundee  |  Edinburgh  |  Glasgow  |  Inverness  | Leicester  |   Liverpool  
© 2024, Mabbett & Associates Ltd. All Rights Reserved. The name Mabbett and the Mabbett logo are Trade Marks licensed to Mabbett & Associates Ltd. 
29 April 2024 
Project No: 315097 
Drainage Assessment:
Proposed Dwelling within land adjacent to Stanes, Main
Street, Cummingston IV30 5XY 
Prepared for:
C/O Christopher Bremner
Tulloch of Cummingston
Tulloch House
Forsyth Street
Hopeman
IV30 8ST 
Contents Amendment Record 
This report has been issued and amended as follows: 
Revision Description Date Signed
1.0 First Issue 29 April 2024 G Mackintosh 
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Land Adjacent to Stanes, Main Street, Cummingston 315097
© 2024, Mabbett & Associates Ltd Page i
Acknowledgement 
This report has been prepared for the sole and exclusive use of Tulloch of Cummingston in accordance
with the scope of work presented by Mabbett & Associates Ltd (Mabbett) via email dated 28th March 2024.
This report is based on information and data collected by Mabbett. Should any of the information be
incorrect, incomplete or subject to change, Mabbett may wish to revise the report accordingly. 
This report has been prepared by the following Mabbett personnel: 
MABBETT & ASSOCIATES LTD 
Gary Mackintosh, BSc 
Principal Engineer 
This report has been reviewed and approved by the following Mabbett personnel: 
MABBETT & ASSOCIATES LTD 
David Clark, BSc (Hons)
Project Manager and Environmental Consultant 
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Land Adjacent to Stanes, Main Street, Cummingston 315097
© 2024, Mabbett & Associates Ltd Page ii
Table of Contents 
Section 1.0 Introduction 1
1.1 Introduction to Surface Water Treatment 1
Section 2.0 Site Profile and Ground Assessment 3
2.1 Existing Site 3
2.2 Existing Ground Conditions 3
2.3 Location of Services 3
2.4 Other Implications of Plot Size or Vegetation 3
2.5 Infiltration Testing 4
Section 3.0 Surface Water 5
3.1 Minimum System Requirements 5
3.2 Recommendation - Surface Water 5
Section 4.0 Disclaimer 5
Section 5.0 References 7
Appendix 1: Test Hole/Discharge Location 10
Appendix 2: Storage Calculations 11
Appendix 3: Rain Garden Construction Details 10 
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Land Adjacent to Stanes, Main Street, Cummingston 315097
© 2024, Mabbett & Associates Ltd Page 1 of 8
Section 1.0 Introduction 
Mabbett & Associates Ltd (Mabbett) was commissioned by Tulloch of Cummingston to undertake an
assessment of the surface water treatment and management options for proposed new dwelling to be
formed in land adjacent to exiting property, Stanes, Main Street, Cummingston. 
1.1 Introduction to Surface Water Treatment
With regard to surface water treatment and dispersal, Regulation 3.6 of the Building (Scotland) Regulations
2004, as reproduced below, states that: 
Every building and hard surface within the curtilage of a building, must be designed and
constructed with a surface water drainage system that will: 
(a) ensure the disposal of surface water without threatening the building and the health and
safety of the people in and around the building; and
(b) have facilities for the separation and removal of silt, grit and pollutants. 
Section 3.6.3 of the Technical Handbook provides methods of discharging surface water that, if employed,
would meet the requirements of the authorities. 
With regard to SEPA’s requirements, General Binding Rule (GBR) 10, in pursuance of the Water
Environment (Controlled Activities) (Scotland) Regulations 2011, states that the provision of a sustainable
urban drainage system (SUDS) is required unless the discharge arises from a single house or if the
discharge is to be made to coastal waters. GBR10 and the relevant associated rule is outlined overleaf.
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Land Adjacent to Stanes, Main Street, Cummingston 315097
© 2024, Mabbett & Associates Ltd Page 3 of 8
Section 2.0 Site Profile and Ground Assessment 
2.1 Existing Site
Stanes is located to the north of Main Street, Cummingston at or about NGR NJ 13496 69033 
The SEPA Flood Map identifies the site and surrounding area as having no specific risk from fluvial or
pluvial flooding during a 1:200year event. 
2.2 Existing Ground Conditions
Trial pits were carried out by Mabbett on 10th April 2024 to assess the suitability of the existing soils for the
use of infiltration as a method of surface water management. 
The trial pits were excavated to a depth of 1.5m which confirmed ground conditions of brown, firm to stiff,
slightly sandy, silty, Clays proved to the depth of the excavations. 
There was no evidence of contamination of water table present during the excavations. 
2.3 Location of Services
There are no known services located within the site boundary. 
2.4 Other Implications of Plot Size or Vegetation
Any infiltration device for sewage or wastewater must be located:
 at least 50m from any spring, well or borehole used as a drinking water supply, and
 at least 10m horizontally from any watercourse (including any inland or coastal waters), permeable
drain, road or railway. 
Any infiltration system and any treatment plant must also be located:
 at least 5m from a building, and
 at least 5m from a boundary. 
The location of any septic tank or treatment plant must ensure that a desludging tanker can gain access
to a working area that: 
 will provide a clear route for a suction hose from the tanker to the tank,
 is not more than 25 m from the tank where it is not more than 4m higher than the invert level of the tank,
and
 is sufficient to support a vehicle axle load of 14 tonnes. 
There should be no notable vegetation that might interfere with any system proposed or vice versa. 
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Land Adjacent to Stanes, Main Street, Cummingston 315097
© 2024, Mabbett & Associates Ltd Page 4 of 8
2.5 Infiltration Testing
Infiltration testing carried out to BRE 365 Digest for the purpose of evaluating the length and position of a
traditional soakaway was undertaken by Mabbett during the site visit. 
Weather conditions during the visit were dry/overcast. 
The conditions were not considered abnormal for the time of year. 
The testing proved unsuccessful as a result of the clay-based soils, it was concluded the site was not
conducive to the installation of any form of disposal system based on infiltration. 
As a result of these findings, an alternative solution based on achieving a discharge of appropriately
attenuated and treated surface water to a watercourse is required to be investigated. 
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Land Adjacent to Stanes, Main Street, Cummingston 315097
© 2024, Mabbett & Associates Ltd Page 5 of 8
Section 3.0 Surface Water 
3.1 Minimum System Requirements
In pursuit of compliance with Regulation 3.6 of the Building (Scotland) Regulations 2004, Section 3.6.3 of
the Technical Handbook provides methods of discharging surface water that, if employed, would meet the
requirements:
(a) a SUD system designed and constructed in accordance with clause 3.6.4;
(b) a soakaway constructed in accordance with:
 clause 3.6.5;
 the guidance in BRE Digest 365, ‘Soakaway Design’, or
 National Annex NG 2 of BS EN 752-4: 1998;
(c) A public sewer provided under the Sewerage (Scotland) Act 1968;
(d) An outfall to a watercourse, such as a river, stream or loch or coastal waters, that complies with any
notice and/or consent by SEPA, or
(e) If the surface water is from a dwelling, to a storage container with an overflow discharging to either of
the 4 options above. 
The area to be drained consists of the roof of the dwelling and associated hardstandings. 
3.2 Recommendation - Surface Water
It is proposed that the surface water makes discharges to the existing sewer located within the public road.
There are sewers located within main street to the south of the site and within Seaview Road to the north.
The final connection location will be determined by Topography and Scottish Water Preference. 
Scottish Water Policy requires that there is to be no increase in flow to the existing system up to and
including a 1:30 year event. 
In line with good practice and CIRIA/Local Authority policy it is proposed to intall Rainwater Harvesting as
a sustainable method of surface water management for the proposed new roof area. The rainwater
harvesting tank is to be used for general garden maintenance, car washing and grey water use within the
property (w/c flushing for example). The tank will require an overflow to be attenuated my means of and
orifice plate which will discharge to the public sewer. 
Standard rainwater harvesting sizing based on manufacturers recommendations can be shown as: 
Cleaning use based on 2.5m3 per person per annum = 7,500Litres
Garden water use is estimated as 150Litres/m2 per annum in the UK. Garden size of 150m2 (estimated
based on size of proposed plot) = 22,500Litres
A buffer storage of 20 Days has been applied. 
Tank Size is calculated as Deman * Buffer/365 = 1,643Litres 
To comply with Scottish Water policy, the tank will also require to manage surface water flows up to and
including a 1:30year event. 
Based on a discharge rate of 0.5l/s and a proposed roof area of 150m2 (allowing for extra over), the storage
volume required for a 1:30year event with 42% allowance for climate change is 1.89m3. 
The nearest available standard tank size of 3000litres would be suitable for installation. 
The final tank design will be a bespoke design carried out by the chosen manufactures to meet the
requirements outlined within this report. The current application is for Planning Permission in Principal and
therefore the sizing within this report would require to be reviewed following the final house design. 
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Land Adjacent to Stanes, Main Street, Cummingston 315097
© 2024, Mabbett & Associates Ltd Page 6 of 8 
Section 4.0 Disclaimer 
The content of this assessment is for internal use only and should not be distributed to third parties unless
under the expressed authority of our client. The designs, recommendations and outline proposals shall
remain the property of Mabbett & Associates Ltd and shall not be plagiarised in any form without authority
to do so. The comments and recommendations stipulated are solely those expressed by Mabbett &
Associates Ltd, and both parties understand that the comments and recommendations expressed are not
binding. Mabbett & Associates Ltd confirms that reasonable skill, care, and diligence have been applied
and that any design element has been carried out using verifiable and approved reference documentation. 
No responsibility shall be assumed by Mabbett & Associates Ltd for system failure as a result of incorrect
installation work by contractors assigned by the client or incorrect or inappropriate implementation of
Mabbett & Associates Ltd’s recommendations. 
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© 2024, Mabbett & Associates Ltd 
Section 5.0 References 
Building (Scotland) Regulations 2004 
The Scottish Building Standards: Technical Handbook 2019: Domestic 
British Standard BS6297:2007 Code of Good Practice for the Design and Installation of Drainage Fields
for use in Wastewater Treatment 
British Water Code of Practice: Flows and Loads 4 - Sizing Criteria, Treatment Capacity for Sewage
Wastewater Treatment Systems, 2013 
The Water Environment (Controlled Activities) (Scotland) Regulations 2011 
SEPA: The Water Environment (Controlled Activities) (Scotland) Regulations 2011 - A Practical Guide)
Version 9.2, December 2022. 
SEPA: Regulatory Method WAT-RM-03: Regulation of Sewage Discharges to Surface Water. 
SEPA: Regulatory Method WAT-RM-04 Regulation of Indirect Sewage Discharges to Groundwater 
Environment Act 1995 
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© 2024, Mabbett & Associates Ltd Appendix 1 
Appendix 1: Test Hole/Location
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Page 212

DO
NOT SCALE
FROM
THIS
DRAW
ING, IF
IN
DOUBT PLEASE
ASK.
ALL DIMENSIONS
TO
BE
CHECKED
ON
SITE
PRIOR
TO
COMMENCEMENT.
THIS
DRAW
ING
IS
THE
COPYRIGHT OF
MABBETT
&
ASSOCIATES
LTD
Client
Project
Drawing No:
Scale
Drawing
Rev
Drawn
Status
Sheet
Check
Date
W
illow
House
Stoneyfield Business Park
Inverness 
IV2 7PA
Tel: 01463 237229
www.mabbett.eu
Description
Date
Rev.
Drawn
DC
29.4.24
PL01
X
315097
A3
GMNTS
Issue
Test Hole Location
Cummingston
Site Adj to Stanes
Proposed Dwelling
Tulloch of Cummingston
-
-
-
-
TH01
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© 2024, Mabbett & Associates Ltd Appendix 2 
Appendix 2: Storage Calculations 
Page 213

Page 214

MabbeƩ & Associates Ltd
Unit 2 Horizon Scotland
Forres Unterprise Park
IV36 2AB
File:
Network: Storm Network
Gary Mackintosh
29.04.24
Page 1
Site Adj to Stanes
Main Street
Cummingston
Flow+ v10.6.234 Copyright © 1988-2024 Causeway Technologies Ltd
Design Seƫngs
Rainfall Methodology
Return Period (years)
AddiƟonal Flow (%)
FSR Region
M5-60 (mm)
RaƟo-R
CV
Time of Entry (mins)
FSR
30
0
Scotland and Ireland
14.000
0.300
0.750
5.00
Maximum Time of ConcentraƟon (mins)
Maximum Rainfall (mm/hr)
Minimum Velocity (m/s)
ConnecƟon Type
Minimum Backdrop Height (m)
Preferred Cover Depth (m)
Include Intermediate Ground
Enforce best pracƟce design rules
30.00
50.0
1.00
Level Soĸts
0.200
1.200
✓
✓
Nodes
Name Area
(ha)
T of E
(mins)
Cover
Level
(m)
Depth
(m)
Storage 0.015 5.00 100.000 2.000
SimulaƟon Seƫngs
Rainfall Methodology
FSR Region
M5-60 (mm)
RaƟo-R
Summer CV
Winter CV
FSR
Scotland and Ireland
14.000
0.300
0.750
0.840
Analysis Speed
Skip Steady State
Drain Down Time (mins)
AddiƟonal Storage (m³/ha)
Check Discharge Rate(s)
Check Discharge Volume
Normal
x
240
20.0
x
x
Storm DuraƟons
15 30 60 120 180 240 360 480 600 720 960 1440
Return Period
(years)
Climate Change
(CC %)
AddiƟonal Area
(A %)
AddiƟonal Flow
(Q %)
30 42 0 0
Node Storage Online Hydro-Brake® Control
Flap Valve
Replaces Downstream Link
Invert Level (m)
Design Depth (m)
Design Flow (l/s)
x
✓
97.500
1.000
0.5
ObjecƟve
Sump Available
Product Number
Min Outlet Diameter (m)
Min Node Diameter (mm)
(HE) Minimise upstream storage
✓
CTL-SHE-0032-5000-1000-5000
0.075
1200
Node Storage Depth/Area Storage Structure
Base Inf Coeĸcient (m/hr)
Side Inf Coeĸcient (m/hr)
0.00000
0.00000
Safety Factor
Porosity
2.0
1.00
Invert Level (m)
Time to half empty (mins)
98.000
21
Depth
(m)
Area
(m²)
Inf Area
(m²)
Depth
(m)
Area
(m²)
Inf Area
(m²)
Depth
(m)
Area
(m²)
Inf Area
(m²)
0.000 3.0 0.0 1.000 3.0 0.0 1.001 0.0 0.0
Page 214

Page 215

MabbeƩ & Associates Ltd
Unit 2 Horizon Scotland
Forres Unterprise Park
IV36 2AB
File:
Network: Storm Network
Gary Mackintosh
29.04.24
Page 2
Site Adj to Stanes
Main Street
Cummingston
Flow+ v10.6.234 Copyright © 1988-2024 Causeway Technologies Ltd
Results for 30 year +42% CC CriƟcal Storm DuraƟon.  Lowest mass balance: 100.00%
Node Event US
Node
Peak
(mins)
Level
(m)
Depth
(m)
InŇow
(l/s)
Node
Vol (m³)
Flood
(m³)
Status
Link Event
(Upstream Depth)
US
Node
Link Ouƞlow
(l/s)
Discharge
Vol (m³)
60 minute winter Storage 50 98.602 0.602 2.6 1.8964 0.0000 OK
60 minute winter Storage Hydro-Brake® 0.5 3.8
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