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Agenda Document Pack - Moray Local Review Body - 16/06/2022

Moray Council · 16 June 2022
Back to Moray Local Review Body — 16 June 2022 and its agenda

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Moray Local Review Body 
Thursday, 16 June 2022 
NOTICE IS HEREBY GIVEN that a Meeting of the Moray Local Review Body is to
be held at Council Chambers, Council Office, High Street, Elgin, IV30 1BX on
Thursday, 16 June 2022 at 09:30. 
BUSINESS 
1 Sederunt 
2 Declaration of Group Decisions and Members Interests * 
3 Minute of Meeting dated 31 March 2022 5 - 8
4 LR273 - Ward 2 - Keith and Cullen
Planning Application 21/01784/APP – Enlarge window and form new
window at 17 Harbour Place, Portknockie, Buckie, Moray  
9 - 54 
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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Any person wishing to attend the meeting should contact customer services
on 01343 563217 prior to the meeting as the number of attendees is restricted
due to the recent Covid pandemic 
You can however watch the webcast of the meeting by going to :
http://www.moray.gov.uk/moray_standard/page_43661.html 
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GUIDANCE NOTES 
* Declaration of Group Decisions and Members Interests - The Chair of the
meeting shall seek declarations from any individual or political group at the
beginning of a meeting whether any prior decision has been reached on how
the individual or members of the group will vote on any item(s) of business on
the Agenda, and if so on which item(s).  A prior decision shall be one that the
individual or the group deems to be mandatory on the individual or the group
members such that the individual or the group members will be subject to
sanctions should they not vote in accordance with the prior decision.  Any such
prior decisions will be recorded in the Minute of the meeting. 
** Written Questions - Any Member can put one written question about any
relevant and competent business within the specified remits not already on the
agenda, to the Chair provided it is received by the Proper Officer or Committee
Services by 12 noon two working days prior to the day of the meeting.  A copy
of any written answer provided by the Chair will be tabled at the start of the
relevant section of the meeting.  The Member who has put the question may,
after the answer has been given, ask one supplementary question directly
related to the subject matter, but no discussion will be allowed. 
No supplementary question can be put or answered more than 10 minutes after
the Council has started on the relevant item of business, except with the
consent of the Chair. If a Member does not have the opportunity to put a
supplementary question because no time remains, then he or she can submit it
in writing to the Proper Officer who will arrange for a written answer to be
provided within 7 working days. 
*** Question Time - At each ordinary meeting of the Committee ten minutes will be
allowed for Members questions when any Member of the Committee can put a
question to the Chair on any business within the remit of that Section of the
Committee.  The Member who has put the question may, after the answer has
been given, ask one supplementary question directly related to the subject
matter, but no discussion will be allowed. 
No supplementary question can be put or answered more than ten minutes
after the Committee has started on the relevant item of business, except with
the consent of the Chair.  If a Member does not have the opportunity to put a
supplementary question because no time remains, then he/she can submit it in
writing to the proper officer who will arrange for a written answer to be provided
within seven working days. 
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THE MORAY COUNCIL 
Moray Local Review Body 
SEDERUNT 
Councillor Marc Macrae  (Chair)
Councillor Amber Dunbar  (Depute Chair)  
Councillor Neil Cameron  (Member)
Councillor Juli Harris  (Member)
Councillor Sandy Keith  (Member)
Councillor Paul McBain  (Member)
Councillor Neil McLennan  (Member)
Councillor Derek Ross  (Member)
Councillor Sonya Warren  (Member)  
Clerk Name: Lissa Rowan
Clerk Telephone: 07765 741754
Clerk Email: committee.services@moray.gov.uk 
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MORAY COUNCIL 
Minute of Meeting of the Moray Local Review Body 
Thursday, 31 March 2022 
Various Locations via Video-Conference 
PRESENT 
Councillor David Bremner, Councillor Gordon Cowie, Councillor Donald Gatt,
Councillor Louise Nicol, Councillor Laura Powell, Councillor Amy Taylor 
APOLOGIES 
Councillor Aaron McLean, Councillor Ray McLean, Councillor Derek Ross 
IN ATTENDANCE 
Ms Webster, Principal Planning Officer (Strategic Planning and Development) Mrs
Gordon and Mr Henderson, Planning Officer as Planning Advisers, Mr Hoath,
Senior Solicitor as Legal Adviser and Mrs Rowan, Committee Services Officer as
Clerk to the Moray Local Review Body.     
1         Chair 
Councillor Taylor, being Chair of the Moray Local Review Body, chaired the meeting.   
2         Declaration of Group Decisions and Members Interests 
In terms of Standing Order 20 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 24 February 2022 
The Minute of the meeting of the Moray Local Review Body dated 24 February 2022
was submitted and approved.   
4         LR271 - Ward 3 - Buckie 
Planning Application 21/01271/PPP – Erect dwelling house on site at
Newlands Lane/rear of 68 East Church Street, Buckie 
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 in principle on the grounds that:  
Item 3
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The proposed development is contrary to Policy DP1 Development Principles of
the adopted Moray Local Development Plan (MLDP) 2020 for the following
reasons:  
1. The proposal involves sub division of the plot associated with 68 East
Church Street Buckie, and falls short of the minimum plot size of 400 square
metres required by the policy; and 
2. The proposed site does not reflect the character and appearance of the
surrounding area due to its limited size and narrow frontage which does not
reflect the density and layout of the surrounding area.  
A Summary of Information Report set out the reasons for refusal, together with the
documents considered or prepared by the Appointed Officer in respect of the
planning application, in addition to the Notice of Review, Grounds for Review and
supporting documents submitted by the Applicant.  
In response to a question from the Chair as to whether the Legal or Planning
Advisers had any preliminary matters to raise, both the Legal and Planning
Advisers advised that they had nothing to raise at this time.  
The Chair then asked the 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.  
During discussion, the MLRB acknowledged that the proposal would improve the
site and was in keeping with similar properties in Buckie however, in terms of the
MLDP policy DP1 (Development Principles) the site was too small for the proposal
therefore the MLRB unanimously agreed to refuse planning permission in principle
in respect of Planning Application 21/01271/PPP.   
5         LR272 - Ward 2 - Keith and Cullen 
Planning Application 21/00059/APP – Demolish existing store and erection of
dwellinghouse at Store, Seatown, Cullen Buckie  
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:  
1. The proposal would be contrary to policies PP1, PP3, DP1, DP2 and EP9 of
the Moray Local Development Plan (MLDP) 2020 and associated guidance
contained within the Cullen Conservation Area Character Appraisal for the
following reasons: 
2. The proposed development by virtue of the unsympathetic design detailing
would have an adverse impact on the character and appearance of what is
an exceptionally prominent site on the frontage of the Cullen Conservation
Area. 
3. Furthermore the applicants have failed to provide 3 car parking spaces,
which if the development were permitted, would be likely to give rise to
conditions detrimental to the road safety of road users. The lack of an EV
charging point within the site is a matter which should be easily overcome,
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however, failure to provide this as part of the proposals results in a further
reason for refusal on this basis.  
A Summary of Information Report set out the reasons for refusal, together with the
documents considered or prepared by the Appointed Officer in respect of the
planning application, in addition to the Notice of Review, Grounds for Review and
supporting documents submitted by the Applicant.  
In response to a question from the Chair as to whether the Legal or Planning
Advisers had any preliminary matters to raise, both the Legal and Planning
Advisers advised that they had nothing to raise at this time.  
The Chair then asked the 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.  
Following consideration, the MLRB unanimously agreed to refuse planning
permission in respect of Planning Application 21/00059/APP as the proposal is
contrary to policies PP1 (Placemaking), PP3 (Infrastructure and Services), DP1
(Development Principles), DP2 (Housing) and EP9 (Conservation Areas) of the
MLDP 2020 and associated guidance contained with the in the Cullen
Conservation Area Character Appraisal.   
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MORAY LOCAL REVIEW BODY 
16 JUNE 2022 
SUMMARY OF INFORMATION FOR CASE No LR273 
Planning Application 21/01784/APP – Enlarge window and form new window at
17 Harbour Place, Portknockie, Buckie, Moray 
Ward 2 – Keith and Cullen 
Planning permission was refused under the Statutory Scheme of Delegation by the
Appointed Officer on 29 March 2022 on the grounds that: 
The proposal is contrary to the Moray Local Development 2020 Policies: Policy EP9
Conservation Areas and related Replacement Windows and Doors Guidance, Policy
EP3 part b Special Landscape Character, and Policy DP1 Development Principles
because: The proposed UPVC windows which would be located on a prominent
public gable are not considered to preserve or enhance the traditional character or
appearance of the Conservation Area.  The presence of additional UPVC units on
this prominent public gable would further erode the traditional sense of place of the
Portknockie Outstanding Conservation Area.  The proposal therefore fails to comply
with current policy requirements, the application is therefore refused. 
Documents considered or prepared by the Appointed Officer in respect of the above
planning application are attached as Appendix 1. 
The Notice of the Review, Grounds for Review and any supporting documents
submitted by the Applicant are attached as Appendix 2. 
There were no interested parties.
Item 4
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1
3
2
86
79
5
4
PW
Harbour Place
ESS
Club
Hall
Posts
38.4m
33.0m
26.1m
27.7m
28.8m
30.5m
33.5m
34.6m
41.0m
38.9m
40.3m
Stages
Bollard
Shingle
Bollards
Rock
Landing
Slipway
Youth
Lasgie
B 9021
Mean Low
Path (um)
Coastal Slope
House
W
ater Springs
13
21
23 10
19
15
14
32
18
24
27
16
12
30
22
25
17
20
MID
STREET
DOVER
STREET
11
HIGH STREET
GORDON
STREET
SEAFORTH
STREET
PATROL PLACE
PATROL ROAD
HARBOUR ROAD
Blantyre Place
CHURCH STREET
HARBOUR
TERRACE
PULTENEY STREET
9 to 11
5
4
2
4
24
10
1
15
10
2
2
6
4 9
1
5
16
3
Path (um)
7
13
Path (um) 6
5
13
6
10
3
PW
3
10
15
3
7
11
16
19
9
11 105
7
2
15
8
1
18
14
2
14
1
1
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1
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3
1
7
9
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3
2
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5 5
10
2
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3
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Location plan for Planning Application Reference Number :
21/01784/APP
This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's
Stationary Office Unauthorised reproduction infringes  Crown Copyright and may lead to prosecution or civil proceedings.
(c) Crown Copyright.  The Moray Council 100023422 2022 Page 11

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APPENDIX 1 
DOCUMENTS CONSIDERED
OR PREPARED BY THE
APPOINTED OFFICER
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REPORT OF HANDLING 
Ref No: 21/01784/APP Officer: Shona Strachan
Proposal
Description/
Address  
Enlarge window and form new window at 17 Harbour Place Portknockie Buckie Moray
Date: 25.03.2022 Typist Initials: LMC 
RECOMMENDATION
Approve, without or with condition(s) listed below N
Refuse, subject to reason(s) listed below Y
Legal Agreement required e.g. S,75 N
Notification to Scottish Ministers/Historic Scotland N
Hearing requirements
Departure N
Pre-determination N 
CONSULTATIONS
Consultee Date
Returned Summary of Response 
DEVELOPMENT PLAN POLICY
Policies Dep Any Comments 
(or refer to Observations below)
DP1 Development Principles Y 
EP8 Historic Environment Y 
EP3 Special Landscape Areas Y 
REPRESENTATIONS
Representations Received  NO
Total number of representations received
Names/Addresses of parties submitting representations 
Summary and Assessment of main issues raised by representations
Issue: 
Comments (PO): 
OBSERVATIONS – ASSESSMENT OF PROPOSAL 
Legislative Requirements 
Section 25 of the 1997 Act as amended requires applications to be determined in accordance with
the development plan i.e. the adopted Moray Local Development Plan 2020 (MLDP) unless material
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considerations indicate otherwise. The main planning issues are considered below: 
Proposal 
Planning permission is sought to enlarge an existing window and form new window opening at 17
Harbour Place Portknockie.   
The proposed windows which are the subject of this application would be located on the northern
gable end of the property.  There are currently two UPVC window openings on this gable, a first floor
window which is to be unaltered by this proposal and an existing ground floor window opening which
is to be enlarged and finished with a UPVC frame.  The new window opening will be located on the
ground floor and would match the dimensions of the proposed enlarged window and again is to be
finished with a UPVC frame.   
The rest of the property has UPVC windows and door(s) throughout.      
Site  
The property is located at 17 Harbour Place Portknockie which is a traditional property in the
Portknockie Outstanding Conservation Area.  The gable of the property fronts onto the public road
(Harbour Road) which is the main public vantage point to the site and is one of the key coastal roads
in the town.     
The whole of Portknockie falls within the "Portgordon to Cullen Coast" Special Landscape Area.    
Policy Assessment  
Impact of the Development on the site and its surrounds    
Policy EP9 Conservation Areas 
Replacement Windows and Doors Guidance 
Policy EP3 part b Special Landscape Character  
Policy DP1 Development Principles    
Policy EP9 Conservation Areas requires that all development within a Conservation Area preserves
and enhances the traditional character or appearance of the area. The policy advises that alterations
will be refused where they adversely affect the character and appearance in terms of scale, height,
massing, colour, materials and siting, explaining that this will typically require the use of traditional
materials and style.    
For replacement windows and doors the policy states that for unlisted buildings within conservation
areas replacement windows must match the original windows in terms of proportions and appearance
and shall open in a traditional sash manner or be in the form of casements whichever is appropriate. 
The use of UPVC windows may be deemed acceptable if it is of an appropriate traditional style and
not located on a principal elevation or on an elevation on a public view. However the fundamental test
will be whether the replacement will have a detrimental effect on the character of the building and/or
the conservation area. The justification for the policy explains that unlisted buildings within a
conservation area can have a significant townscape value and make a valuable contribution to the
overall character of the area.   
In order to support application for windows and doors on heritage buildings, Moray Council has
produced specific advice "Replacement Windows and Doors Guidance" which is a material
consideration in decision making for such cases and advises that UPVC windows have an adverse
impact upon the character and or appearance of the Conservation Area and that as a result the
Council will not support the use of UPVC windows on principal or public elevations within the
Conservation Area.   
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Policy EP3 part B applies to urban areas that fall within a defined Special Landscape Area and
advises that proposal must reflect the traditional settlement character in terms of siting and Design.    
Policy DP1 advises that all development must be of a scale, density and character that is appropriate
to the site and its surrounds contributing to the sense of place of the locality.  Part d of the policy also
advises that development must conserve and enhance the [natural and] and built environment.    
In this case, the application site is a traditional property in the Portknockie Conservation Area.  The
proposal relates to the gable of the property which fronts onto the public road (Harbour Road) which
is the main public vantage point to the site.  It is also noted that Harbour Road is one of the key
coastal roads in the town with these siting aspects in mind the site has a prominent and public
location within the Portknockie Outstanding Conservation Area.   
Taking account of current local plan policies (as set out above); Policy EP9 seeks to preserve and
enhance the traditional character and appearance of the area and the policy is clear that UPVC
windows will only be accepted where they are not located on a principle elevation or on an elevation
on a public view.  This position is also echoed in the "Replacement Windows and Doors Guidance".   
In this policy context, the presence of existing UPVC windows does not give sufficient material weight
to depart against a policy requirement to preserve or enhance the conservation area, particularly
given the prominent and public location of the site. The addition of further UPVC to this gable end
would further erode the traditional character and appearance of the dwelling and be detrimental to the
character and appearance of the Portknockie Outstanding Conservation Area.   
As a result the proposal also fails to reflect the traditional settlement character in terms of siting and
Design as required by policy EP3 part b and would further erode the traditional sense of place of the
Portknockie Conservation Area which is contrary to the provisions set out in policy DP1.   
Conclusion and Recommendation 
The proposed windows which would be located on a prominent public gable are not considered to
preserve or enhance the traditional character or appearance of the Conservation Area.  The
presence of additional UPVC windows on this prominent public gable would further erode the
traditional sense of place of the Portknockie Outstanding Conservation Area.  The proposal therefore
fails to comply with current policy requirements.  On this basis the application is refused.   
OTHER MATERIAL CONSIDERATIONS TAKEN INTO ACCOUNT 
Moray Council Advice entitled “Replacement Windows and Doors Guidance”. 
HISTORY
Reference No. Description       
Decision  Date Of Decision   
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ADVERT
Advert Fee paid? Yes
Local Newspaper Reason for Advert Date of expiry 
Banffshire Advertiser and
Herald Departure from development plan 21/02/22
PINS Departure from development plan 21/02/22
Banffshire Advertiser and
Herald
Planning application affecting
LB/CA 14/01/22
PINS Planning application affecting
LB/CA
14/01/22 
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:  Harbour Place Proposed Window Alterations To Number 17 Harbour Place,
Portknockie 
Main Issues:  Provides comments in support of the application for UPVC windows advising
that there are many properties in Portnockie with UPVC windows or
conservatories and the application should therefore be supported.   
S.75 AGREEMENT
Application subject to S.75 Agreement  NO
Summary of terms of agreement:   
Location where terms or summary of terms can be inspected:   
DIRECTION(S) MADE BY SCOTTISH MINISTERS (under DMR2008 Regs)
Section 30 Relating to EIA  NO
Section 31 Requiring planning authority to provide information
and restrict grant of planning permission  NO
Section 32 Requiring planning authority to consider the imposition
of planning conditions  NO
Summary of Direction(s)   
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(Page 2 of 3) Ref:  21/01784/APP
IMPORTANT
YOUR ATTENTION IS DRAWN TO THE REASONS and NOTES BELOW
SCHEDULE OF REASON(S) FOR REFUSAL
By this Notice, Moray Council has REFUSED this proposal.  The Council’s reason(s)
for this decision are as follows: -
The proposal is contrary to the Moray Local Development 2020 Policies: Policy
EP9 Conservation Areas and related Replacement Windows and Doors
Guidance, Policy EP3 part b Special Landscape Character, and, Policy DP1
Development Principles because: The proposed UPVC windows which would
be located on a prominent public gable are not considered to preserve or
enhance the traditional character or appearance of the Conservation Area.  The
presence of additional UPVC units on this prominent public gable would further
erode the traditional sense of place of the Portknockie Outstanding
Conservation Area.  The proposal therefore fails to comply with current policy
requirements, the application is therefore refused.
LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT
The following plans and drawings form part of the decision:-
Reference Version Title
2021.PIRIE.001 Location plan
2021.PIRIE.002 Block plan
2021.PIRIE.003 Ground floor plan
2021.PIRIE.004 Front elevation
NOTICE OF APPEAL
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997
If the applicant is aggrieved by the decision to refuse permission for or approval
required by a condition in respect of the proposed development, or to grant
permission or approval subject to conditions, the applicant may require the planning
authority to review the case under section 43A of the Town and Country Planning
(Scotland) Act 1997 within three months from the date of this notice.  The notice of
review should be addressed to The Clerk, Moray Council Local Review Body, Legal
and Committee Services, Council Offices, High Street, Elgin IV30 1BX.  This form is
also available and can be submitted online or downloaded from
www.eplanning.scotland.gov.uk
If permission to develop land is refused or granted subject to conditions and the
owner of the land claims that the land has become incapable of reasonably
beneficial use in its existing state and cannot be rendered capable of reasonably
beneficial use by the carrying out of any development which has been or would be
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(Page 3 of 3) Ref:  21/01784/APP
permitted, the owner of the land may serve on the planning authority a purchase
notice requiring the purchase of the owner of the land’s interest in the land in
accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997.
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APPENDIX 2 
NOTICE OF REVIEW,
GROUNDS FOR REVIEW &
SUPPORTING DOCUMENTS
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