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Agenda Document Pack - Moray Local Review Body - 27/09/2022

Moray Council · 27 September 2022
Back to Moray Local Review Body — 27 September 2022 and its agenda

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Moray Local Review Body 
Tuesday, 27 September 2022 
NOTICE IS HEREBY GIVEN that a Special Meeting of the Moray Local Review
Body is to be held at Council Chambers, Council Office, High Street, Elgin, IV30
1BX on Tuesday, 27 September 2022 at 14:00. 
BUSINESS 
1 Sederunt 
2 Declaration of Group Decisions and Members Interests * 
3 Minute of meeting dated 18 August 2022 5 - 10
4 LR278 - Ward 4 - Fochabers and Lhanbryde
Planning Application 22/00542/PPP – Proposed dwelling-house and
detached garage at site adjacent to 1-5 South Darkland, Lhanbryde,
Elgin  
11 - 90
5 LR280 - Ward 6 - Elgin City North
Planning Application 22/00400/APP – Increase number of children
approved under ref 21/00400/APP from 9 to 15 at Child Minding
Business at 36 Smith Drive, Elgin, Moray, IV30 4NE  
91 -
146 
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. 
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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 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, 18 August 2022 
Council Chambers, Council Office, High Street, Elgin, IV30 1BX 
PRESENT 
Councillor Neil Cameron, Councillor Amber Dunbar, Councillor Juli Harris, Councillor
Sandy Keith, Councillor Marc Macrae, Councillor Paul McBain, Councillor Derek Ross,
Councillor Sonya Warren 
IN ATTENDANCE 
Ms Webster, Principal Planning Officer (Strategic Planning and Development), Mr
Henderson, Planning Officer and Mrs Gordon, 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 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 20 and the Councillor's Code of Conduct, there were no
declarations from Group Leaders or Spokespersons in regard to any prior decision
taken on how Members will vote on any item on the agenda.   
Councillor Dunbar declared an interest in Item 6 - Case LR273 and stated that she
would leave the meeting and not take any part in the consideration of this
item.  There were no other declarations of Members interests in respect of the
items on the agenda.    
3         Minute of meeting dated 16 June 2022 
The Minute of the meeting dated 16 June 2022 was submitted and approved.   
4         LR274 - Ward 5 - Heldon and Laich 
Planning Application 21/01277/APP – Demolish existing house and erect new
dwellinghouse at 3 Town Hall Lane, Lossiemouth, Moray, IV31 6DF  
A request was submitted by the Applicant seeking a review of the decision of the
Appointed Officer, in terms of the Scheme of Delegation, to refuse planning
permission on the grounds that:  
Item 3
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The proposal is contrary to the provisions of the Moray Local Development Plan
2020 because:  
1. The large split level contemporary design proposed on this elevated
prominent cliff top location would have an excessive over dominant impact
on the site and its surrounds. The overall design, form, appearance and
finish of the dwelling would be at odds with the more traditional existing
established character at this locality resulting in a design which is out of
character and incongruous to the site and its surrounds. The proposal
therefore fails to reflect the traditional settlement character as required by
Policy EP3 (i) b) and DP1 (i). 
2. The design moves the footprint of the dwelling closer to the existing houses
to the north therefore taking account of the extensive glazing and large
outdoor terrace/balcony areas the design is also considered to result in
unacceptable overlooking and privacy impacts for these existing
neighbouring residential properties to the north of the site. The proposal
therefore also fails to comply with the amenity considerations set out in
policy DP1 (i) part (e).  
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, the Legal Adviser advised that he
had nothing to raise at this time.  
The Planning Adviser highlighted an inaccuracy in the Applicant's Statement of
Case where reference was made to planning policy DP1 being introduced in June
2021 when all policies within the Moray Local Development Plan 2020 were
adopted in May 2020.  This was noted.  
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 surrounding the reasons why the planning application had been
refused, Councillor McBain noted that one of the reasons was due to the
contemporary design of the proposal which was not considered to be in keeping
with the other traditional buildings in the area.  Councillor McBain noted that a
contemporary dwelling had already been build next to the proposed development
and was of the view that the proposal would have no impact or disadvantage on
surrounding properties and moved that the appeal be upheld and planning
permission granted in respect of Planning Application 21/01277/APP as the
proposal is an acceptable departure from policies EP3 (Special Landscape Areas
and Landscape Character) (i) b) and DP1 (Development Principles) (i).  This was
seconded by Councillor Dunbar.  
Councillor Cameron acknowledged that the planning application was for a stunning
development however agreed with the Appointed Officer in that it did not fit with
the surrounding area and moved that the MLRB refuse the appeal and uphold the
original decision of the Appointed Officer to refuse planning permission in respect
of Planning Application 21/01277/APP as it is contrary to policies EP3 (Special
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Landscape Areas and Landscape Character) (i) b) and DP1 (Development
Principles) (i).  This was seconded by Councillor Keith.  
On a division there voted:  
For the Motion (3): Councillors McBain, Dunbar and Macrae 
For the Amendment (5): Councillors Cameron, Keith, Harris, Ross and Warren
Abstentions (0): Nil  
Accordingly, the Amendment became the finding of the MLRB and it was agreed to
refuse the appeal and uphold the original decision of the Appointed Officer to
refuse planning application 21/01277/APP as it is contrary to policies EP3 (Special
Landscape Areas and Landscape Character) (i) b) and DP1 (Development
Principles) (i).   
5         LR275 - Ward 3 - Buckie 
Planning Application 22/00140/APP – Replace modern windows that have
failed for other modern windows at 6 Burnside Street, Findochty  
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 development is contrary to Policy DP1: Development Principles,
Policy EP10: Listed Buildings and Policy EP9: Conservation Areas of the adopted
Moray Local Development Plan 2020 and, as a material consideration, associated
Replacement Windows and Doors Guidance for the following reasons:  
1. The use of non-traditional materials such as UPVC is not acceptable for use
on listed buildings and the proposed UPVC windows do not preserve the
character and special historic interest of the listed building. 
2. The use of UPVC windows would not be in compliance with Historic
Environment Scotland advice on alterations to listed buildings (Managing
Change in the Historic Environment - Windows) nor with the Moray
Council's Replacement Windows and Doors Guidance which is clear that
the use of non-traditional materials such as UPVC will not be acceptable in
listed buildings. 
3. The proposed development would not preserve and enhance the character
and appearance of Findochty Outstanding Conservation 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.  
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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, Councillor Ross stated that it was clear that the windows in the
property needed replaced.  He noted that there was already a lot of houses in the
conservation area that had UPVC windows. He also noted the climate emergency
and the cost of living crisis. In all the circumstances he moved that the MLRB
uphold the appeal and grant planning permission in respect of Planning Application
22/00140/APP as an acceptable departure to policies DP1 (Development
Principles), Policy EP10 (Listed Buildings) and Policy EP9 (Conservation Areas) of
the adopted Moray Local Development Plan (MLDP) 2020 and, as a material
consideration, associated Replacement Windows and Doors Guidance, stating
that, in his view, it was unfair to impose this financial burden on the Applicant.  This
was seconded by Councillor Warren. 
Councillor McBain agreed with Councillor Ross in that it was clear that the
windows needed to be replaced and noted that the existing windows were
aluminium and not wood and was of the view that UPVC windows would be more
in keeping with the character of the area than aluminium.  
Councillor Keith stated that the subject of replacing windows in conservation areas
and on listed buildings with UPVC is regularly debated however the Council has
adopted the policies within the MLDP 2020 therefore should uphold them.  He
therefore moved, as an amendment, that the MLRB uphold the original decision of
the Appointed Officer and refuse planning permission in respect of Planning
Application 22/00140/APP as the application is contrary to policies DP1
(Development Principles), Policy EP10 (Listed Buildings) and Policy EP9
(Conservation Areas) of the adopted Moray MLDP 2020 and, as a material
consideration, associated Replacement Windows and Doors Guidance.  This was
seconded by Councillor Cameron.  
On a division there voted:  
For the Motion (5): Councillors Ross, Warren, Dunbar, Macrae and
McBain 
For the Amendment (2): Councillors Keith and Cameron 
Abstention (1): Councillor Harris 
Accordingly, the Motion became the finding of the MLRB and it was agreed to
uphold the appeal and grant planning permission in respect of Planning Application
22/00140/APP as an acceptable departure to policies DP1 (Development
Principles), Policy EP10 (Listed Buildings) and Policy EP9 (Conservation Areas) of
the adopted Moray Local Development Plan (MLDP) 2020 and, as a material
consideration, associated Replacement Windows and Doors Guidance. 
6         LR276 - Ward 7 - Elgin City South 
Councillor Dunbar, having declared an interest in this item, left the meeting at this
juncture.  
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Planning Application 22/00130/APP - Erect outbuilding for use as hair
salon/beauty parlour at 14 Turnberry Crescent, Elgin  
A request was submitted by the Applicant seeking a review of the decision of the
Appointed Officer, in terms of the Scheme of Delegation, to refuse planning
permission on the grounds that:  
The proposal is contrary to policy DP1 - Development Principles of the Moray
Local Development Plan (MLDP) 2020 because the introduction of a business use
to which there would be visiting members of the public is considered to result in an
adverse impact on the amenity of neighbouring properties in the surrounding
residential 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 to case.  
Following consideration, the MLRB agreed to uphold the original decision of the
Appointed Officer to refuse planning permission in respect of Planning Application
22/00130/APP as the proposal is contrary to policy DP1 (Development Principles)
of the MLDP 2020.   
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MORAY LOCAL REVIEW BODY
27 SEPTEMBER 2022
SUMMARY OF INFORMATION FOR CASE No LR278
Planning Application 22/00542/PPP – Proposed dwelling-house and detached garage at site
adjacent to 1-5 South Darkland, Lhanbryde, Elgin
Ward 4 – Fochabers and Lhanbryde
Planning permission in principle was refused under the Statutory Scheme of Delegation by the
Appointed Officer on 27 May 2022 on the grounds that:
The proposal is contrary to policies DP4 Part d) ii), DP1(i) and EP4 for the following reasons:
(i) The proposal site falls within the Pressurised and Sensitive Area identified by Policy DP4
Part d) ii), in which no new house sites will be permitted due to the detrimental landscape
and visual impacts associated with high levels of rural housing build up in these areas. The
proposed house in this location is contrary to Policy DP4 and DP1(i). The proposed new
dwellinghouse will have an adverse impact on the character and appearance of the
surrounding area given that the site lacks the required immediate (on the boundary of the
site) backdrop of existing landform, trees and buildings to provide acceptable enclosure.
(ii) iThe proposed introduction of a further house in this location alongside existing housing is
considered to constitute an unacceptable cumulative build-up of housing which will
negatively impact the landscape character of this area.
(iii)The site falls within the Countryside Around Towns Area identified by Policy EP4, in which
no new rural housing will be permitted unless the proposal involves the rehabilitation,
conversion, limited extension, replacement; or change of use of existing buildings or for the
purpose of agriculture, forestry or low intensity recreational or tourism; or is designated as
long term housing allocation released for development. The proposals do not fall within any
of the above criteria and will result in development sprawl into the countryside affecting the
special character of this area.
Documents considered or prepared by the Appointed Officer in respect of the above planning
application are attached as Appendix 1.
The Notice of the Review, Grounds for Review and any supporting documents submitted by the
Applicant are attached as Appendix 2. 
Further Representations received in response to the Notice of Review are attached as Appendix
3.
No representation was received from the Applicant in response to the Further Representations.
Item 4
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Tk
Sheriffston
FB
1
2
5
4
3
GP
ETL
Parish Church
South Darkland
St Andrews-Lhanbryd
9.9m
A96
10.4m
Stone
Ponds
Sinks
Drain
Track
8.0m
9.8m
6.8m
7.8m
10.6m
10.2m
Cattle Grid
B 9103
Winton
Cottages
Kirkside Lodge
Garden Cottage
Kilcluan House
St Andrews House
Callaway House
B 9103
Sheriffston
Drain
Drain
Drain
Drain
B 9103
Drain
Drain
FB
GP
1
Drain
Drain
Stone
GP
Drain
Drain
Drain
FB
2
Drain
B 9103
Location plan for Planning Application Reference Number :
22/00542/PPP
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 13

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APPENDIX 1 
DOCUMENTS CONSIDERED
OR PREPARED BY THE
APPOINTED OFFICER
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Page 1 of 8
The Moray Council Council Office High Street Elgin IV30 1BX  Tel: 0300 1234561  Email: development.control@moray.gov.uk
Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid.
Thank you for completing this application form:
ONLINE REFERENCE 100551237-001
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 dwelling-house and detached garage
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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
Steve
Reid
Cox
Rothes
Calcots
The Sma Glen
Strathlene House
+447598299753
AB38 7AG
IV30 8NB
United Kingdom
Scotland, UK
Aberlour
Elgin
info@sreiddesign.co.uk
info@sreiddesign.co.uk
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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.
3796.00
Unused land adjacent to 5 houses
Moray Council
Site adjacent to 1-5 South Darkland, Lhanbryde, Elgin, Moray IV30 8NT
861876 326115
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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
As you have indicated that you are proposing to make private drainage arrangements, please provide further details.
What private arrangements are you proposing? *
 New/Altered septic tank.
 Treatment/Additional treatment (relates to package sewage treatment plants, or passive sewage treatment such as a reed bed).
 Other private drainage arrangement (such as chemical toilets or composting toilets).
What private arrangements are you proposing for the New/Altered septic tank? *
 Discharge to land via soakaway.
 Discharge to watercourse(s) (including partial soakaway).
 Discharge to coastal waters.
Please explain your private drainage arrangements briefly here and show more details on your plans and supporting information: *
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).
This application is for Planning in Principle. If the application is consented a detailed planning application will be submitted
accompanied by a full drainage report (by specialists) including percolation tests and soakaway sizing. The foul water will be
taken to a septic tank or treatment plant and then into an appropriately sized foul water soakaway. The surface water will be taken
into an appropriately sized surface water soakaway.
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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
Schedule 3 Development
Does the proposal involve a form of development listed in Schedule 3 of the Town and Country  Yes   No   Don’t Know
Planning (Development Management Procedure (Scotland) Regulations 2013 *
If yes, your proposal will additionally have to be advertised in a newspaper circulating in the area of the development. Your planning
authority will do this on your behalf but will charge you a fee. Please check the planning authority’s website for advice on the additional
fee and add this to your planning fee.
If you are unsure whether your proposal involves a form of development listed in Schedule 3, please check the Help Text and Guidance
notes before contacting your planning authority.
Planning Service Employee/Elected Member Interest
Is the applicant, or the applicant’s spouse/partner, either a member of staff within the planning service or an  Yes    No
elected member of the planning authority? *
Certificates and Notices
CERTIFICATE AND NOTICE UNDER REGULATION 15 – TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT
PROCEDURE) (SCOTLAND) REGULATION 2013
One Certificate must be completed and submitted along with the application form. This is most usually Certificate A, Form 1,
Certificate B, Certificate C or Certificate E.
Are you/the applicant the sole owner of ALL the land? *  Yes    No
Is any of the land part of an agricultural holding? *  Yes    No
Are you able to identify and give appropriate notice to ALL the other owners? *   Yes    No
Certificate Required
The following Land Ownership Certificate is required to complete this section of the proposal:
Certificate B
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Land Ownership Certificate
Certificate and Notice under Regulation 15 of the Town and Country Planning (Development Management Procedure) (Scotland)
Regulations 2013
I hereby certify that
(1) - No person other than myself/the applicant was an owner [Note 4] of any part of the land to which the application relates at the
beginning of the period of 21 days ending with the date of the accompanying application;
or –
(1) - I have/The Applicant has served notice on every person other than myself/the applicant who, at the beginning of the period of 21
days ending with the date of the accompanying application was owner [Note 4] of any part of the land to which the application relates.
Name:
Address:
Date of Service of Notice: *
(2) - None of the land to which the application relates constitutes or forms part of an agricultural holding;
or –
(2) - The land or part of the land to which the application relates constitutes or forms part of an agricultural holding and I have/the
applicant has served notice on every person other than myself/himself who, at the beginning of the period of 21 days ending with the
date of the accompanying application was an agricultural tenant.  These persons are:
Name:
Address:
Date of Service of Notice: *
Signed: Stewart Reid
On behalf of: Mr Steve Cox
Date: 02/04/2022
 Please tick here to certify this Certificate. *
Mr Jim Sylvestrie
North Darklands Farm, Lhanbryde, Elgin, Scotland, UK, IV30 8NB
02/04/2022
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Checklist – Application for Planning Permission
Town and Country Planning (Scotland) Act 1997
The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013
Please take a few moments to complete the following checklist in order to ensure that you have provided all the necessary information
in support of your application. Failure to submit sufficient information with your application may result in your application being deemed
invalid. The planning authority will not start processing your application until it is valid.
a) If this is a further application where there is a variation of conditions attached to a previous consent, have you provided a statement to
that effect? *
 Yes   No   Not applicable to this application
b) If this is an application for planning permission or planning permission in principal where there is a crown interest in the land, have
you provided a statement to that effect? *
 Yes   No   Not applicable to this application
c) If this is an application for planning permission, planning permission in principle or a further application and the application is for
development belonging to the categories of national or major development (other than one under Section 42 of the planning Act), have
you provided a Pre-Application Consultation Report? *
 Yes   No   Not applicable to this application
Town and Country Planning (Scotland) Act 1997
The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013
d) If this is an application for planning permission and the application relates to development belonging to the categories of national or
major developments and you do not benefit from exemption under Regulation 13 of The Town and Country Planning (Development
Management Procedure) (Scotland) Regulations 2013, have you provided a Design and Access Statement? *
 Yes   No   Not applicable to this application
e) If this is an application for planning permission and relates to development belonging to the category of local developments (subject
to regulation 13. (2) and (3) of the Development Management Procedure (Scotland) Regulations 2013) have you provided a Design
Statement? *
 Yes   No   Not applicable to this application
f) If your application relates to installation of an antenna to be employed in an electronic communication network, have you provided an
ICNIRP Declaration? *
 Yes   No   Not applicable to this application
g) If this is an application for planning permission, planning permission in principle, an application for approval of matters specified in
conditions or an application for mineral development, have you provided any other plans or drawings as necessary:
  Site Layout Plan or Block plan.
  Elevations.
  Floor plans.
  Cross sections.
  Roof plan.
  Master Plan/Framework Plan.
  Landscape plan.
  Photographs and/or photomontages.
  Other.
If Other, please specify: *  (Max 500 characters)
Page 23

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Page 8 of 8
Provide copies of the following documents if applicable:
A copy of an Environmental Statement. *  Yes   N/A
A Design Statement or Design and Access Statement. *  Yes   N/A
A Flood Risk Assessment. *  Yes   N/A
A Drainage Impact Assessment (including proposals for Sustainable Drainage Systems). *  Yes   N/A
Drainage/SUDS layout. *  Yes   N/A
A Transport Assessment or Travel Plan  Yes   N/A
Contaminated Land Assessment. *  Yes   N/A
Habitat Survey. *  Yes   N/A
A Processing Agreement. *  Yes   N/A
Other Statements (please specify). (Max 500 characters)
Declare – For Application to Planning Authority
I, the applicant/agent certify that this is an application to the planning authority as described in this form. The accompanying
Plans/drawings and additional information are provided as a part of this application.
Declaration Name: Mr Stewart Reid
Declaration Date: 02/04/2022
Payment Details
Cheque: Applicant will pay by BACS,  00000000
Created: 02/04/2022 12:44
Drainage Statement included.
Page 24

Page 25

5
4
1
2
3
PROPOSED HOUSE
PROPOSED
GARAGE
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
S  i  t  e        a  d  j  a  c  e  n  t        t  o        1 - 5        S  o  u  t  h        D  a  r  k  l  a  n  d S  i  t  e        a  d  j  a  c  e  n  t        t  o        1 - 5        S  o  u  t  h        D  a  r  k  l  a  n  d
Proposed dwelling-house and detached garage at
Site adjacent to 1-5 South Darkland, Lhanbryde, Elgin
M
oray IV30 8NT For M
r S.Cox
MAR 2022
DATE
SCALE
1:1000 (A3)
DRG. NO.
S.DARK / PL / 02
Plan (scale 1:1000)
Block
Page 25

Page 26

5
4
1
2
3
PROPOSED HOUSE
PROPOSED
GARAGE
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
S  i  t  e        a  d  j  a  c  e  n  t        t  o        1 - 5        S  o  u  t  h        D  a  r  k  l  a  n  d S  i  t  e        a  d  j  a  c  e  n  t        t  o        1 - 5        S  o  u  t  h        D  a  r  k  l  a  n  d
Proposed dwelling-house and detached garage at
Site adjacent to 1-5 South Darkland, Lhanbryde, Elgin
M
oray IV30 8NT For M
r S.Cox
MAR 2022
DATE
SCALE
1:1000 (A3)
DRG. NO.
S.DARK / PL / 02
Plan (scale 1:1000)
Block
Page 26

Page 27

OS LOCATIONPLAN (SCALE - 1:5000)
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 dwelling-house and detached garage at
Site adjacent to 1-5 South Darkland, Lhanbryde, Elgin
Moray IV30 8NT For Mr S.Cox
Page 27

Page 28

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 dwelling-house and detached
garage at Site adjacent to 1-5 South Darkland,
Lhanbryde, Elgin Moray IV30 8NT For Mr S.Cox
DRAINAGE STATEMENT
PROPOSED SURFACE WATER AND FOUL WATER
This application is for Planning in Principle. If the application is consented
a detailed planning application will be submitted accompanied by a full
drainage report (by specialists) including percolation tests and soakaway
sizing.
The foul water will be taken to a septic tank or treatment plant and then into
an appropriately sized foul water soakaway.
The surface water will be taken into an appropriately sized surface water
soakaway.
Page 28

Page 29

OS LOCATIONPLAN (SCALE - 1:5000)
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 dwelling-house and detached garage at
Site adjacent to 1-5 South Darkland, Lhanbryde, Elgin
Moray IV30 8NT For Mr S.Cox
Page 29

Page 30

From: Teresa Ruggeri <Teresa.Ruggeri@moray.gov.uk>
Sent: 14 Apr 2022 02:12:57
To: DMSMyEmail@moray.gov.uk
Cc:
Subject: FW: 22/00542/PPP Proposed dwellinghouse and detached garage on Site Adjacent To 1-5 South Darklands,
Lhanbryde, Elgin
Attachments: 22-00542-PPP Proposed dwellinghouse and detached garage on Site Adjacent To 1-5 South Darklands,
Lhanbryde, Elgin.pdf
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
rebecca.morrison@moray.gov.uk | website | facebook | twitter | instagram | news
Page 30

Page 31

Developer Obligations & Affordable Housing:
ASSESSMENT REPORT
Date: 14/04/2022
Reference: 22/00542/PPP
Description: Proposed dwellinghouse and
detached garage onSite Adjacent To 1-5
South Darklands, Lhanbryde, Elgin
Applicant: Mr Steve Cox
Agent: S Reid Design
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 Nil
Healthcare(Contribution towards 5
Additional Dental Chairs and
Pharmacy)
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
This assessment is therefore based on1
SRUE.
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INFRASTRUCTURE
Education
Primary Education
The pupils generated by this development are
zoned to Lhanbryde Primary School. The
school is currently operating at 52% 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 Speyside High School. The school is
currently operating at 75% 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 no developer obligations
will be sought for this proposal.
Contributions towards Transport = Nil
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).
Linkwood Medical is the nearest GP Practice
within which healthcare facilities can be
accessed by the proposed development. NHS
Grampian has confirmed that Linkwood
Medical is currently operating at capacity. An
additional Health Centre, 5 Additional Dental
Chairs and an Additional Pharmacy will be
required to accommodate the increase in
population that is a direct result of
development in Elgin and surrounding area. In
the interim, Linkwood Medical has been
reconfigured to form additional consulting
space and the additional patients arising from
this development can be accommodated on
this basis.
Contributions will be sought towards the
additional dental chairs and pharmacy.
Contributions are calculated based on a
proportional contribution o per SRUE
for the dental chairs and per SRUE for
the pharmacy.
Contribution towards Healthcare=
Sports and Recreational Facilities
Sports and Recreation Facilities
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Existing sports provision within Elgin 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:
per proposed unit
Therefore, the total contribution towards
affordable housing is:
1 proposed unit =
Affordable housing is a policy requirement
not a developer obligation and will not be
subject to negotiation.
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Page 34

TERMSOFASSESSMENT
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 OFCONTRIBUTIONS
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 34

Page 35

Consultation Request Notification 
Planning Authority Name Moray Council
Response Date 20th April 2022
Planning Authority
Reference
22/00542/PPP
Nature of Proposal
(Description)
Proposed dwellinghouse and detached garage on
Site Site Adjacent To 1-5 South Darklands
Lhanbryde
Elgin
Moray 
Site Postcode N/A
Site Gazetteer UPRN 000133074990
Proposal Location Easting 326099
Proposal Location Northing 861859
Area of application site (M2) 3796
Additional Comment 
Development Hierarchy
Level
LOCAL
Supporting Documentation
URL
https://publicaccess.moray.gov.uk/eplanning/ce
ntralDistribution.do?caseType=Application&ke
yVal=R9SWVMBGMM400
Previous Application 
Date of Consultation 6th April 2022
Is this a re-consultation of
an existing application?
No
Applicant Name Mr Steve Cox
Applicant Organisation
Name 
Applicant Address Strathlene House
Calcots
Elgin
Moray
IV30 8NB 
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 Sheila Bernard
Case Officer Phone number 
Case Officer email address sheila.bernard@moraya.gov.uk
PA Response To consultation.planning@moray.gov.uk
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Page 36

NOTE:
If you do not respond by the response date, it will be assumed that you have no
comment to make. 
The statutory period allowed for a consultation response is 14 days.  Due to scheduling
pressures if a definitive response is not received within 21 days this may well cause the
two month determination period to be exceeded. 
Data Protection - Moray Council is the data controller for this process.  Information collected about
you on this form will be used to process your Planning Application, and the Council has a duty to
process your information fairly.  Information we hold must be accurate, up to date, is kept only for
as long as is necessary and is otherwise shared only where we are legally obliged to do so.  You
have a legal right to obtain details of the information that we hold about you.
For full terms please visit  http://www.moray.gov.uk/moray_standard/page_121513.html 
For full Data Protection policy, information and rights please see
http://www.moray.gov.uk/moray_standard/page_119859.html 
You can contact our Data Protection Officer at info@moray.gov.uk or 01343 562633 for more
information. 
Please respond using the attached form:- 
Page 36

Page 37

MORAY COUNCIL 
PLANNING CONSULTATION RESPONSE 
From:   Environmental Health Manager 
Planning Application Ref. No: 22/00542/PPP
Proposed dwellinghouse and detached garage on Site Adjacent To 1-5 South Darklands
Lhanbryde Elgin Moray for Mr Steve Cox 
I have the following comments to make on the application:-  
Please 
x
(a) I OBJECT to the application for the reason(s) as stated below  
(b) I have NO OBJECTIONS to the application and have no condition(s) and/or
comment(s) to make on the proposal 

(c) I have NO OBJECTIONS to the application subject to condition(s) and/or
comment(s) about the proposal as set out below   

(d) Further information is required in order to consider the application as set out
below 

Reason(s) for objection 
Condition(s) 
Further comment(s) to be passed to applicant 
Further information required to consider the application 
Contact: Tim Betts Date: 12 April 2022
email address: tim.betts@moray.gov.uk Phone No  ……………………………..
Consultee: Environmental Health 
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Return response to  consultation.planning@moray.gov.uk 
Please note that information about the application including consultation responses and
representations (whether in support or objection) received on the proposal will be published on the
Council’s website at http://publicaccess.moray.gov.uk/eplanning/  (You can also use this site to
track progress of the application and view details of any consultation responses and
representations (whether in support or objection) received on the proposal).  In order to comply
with the Data Protection Act, personal information including signatures, personal telephone and
email details will be removed prior to publication using “redaction” software to avoid (or mask) the
display of such information.  Where appropriate other “sensitive” information within documents will
also be removed prior to publication online.
Page 38

Page 39

Page 39

Page 40

Consultee Comments for Planning Application 22/00542/PPP
Application Summary
Application Number: 22/00542/PPP
Address: Site Adjacent To 1-5 South Darklands Lhanbryde Elgin Moray
Proposal: Proposed dwellinghouse and detached garage on
Case Officer: Sheila Bernard
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, CLO
Page 40

Page 41

Consultation Request Notification 
Planning Authority Name Moray Council
Response Date  20th April 2022
Planning Authority
Reference
22/00542/PPP
Nature of Proposal
(Description)
Proposed dwellinghouse and detached garage on
Site Site Adjacent To 1-5 South Darklands
Lhanbryde
Elgin
Moray 
Site Postcode N/A
Site Gazetteer UPRN 000133074990
Proposal Location Easting 326099
Proposal Location Northing 861859
Area of application site (M2) 3796
Additional Comment 
Development Hierarchy
Level
LOCAL
Supporting Documentation
URL
https://publicaccess.moray.gov.uk/eplanning/ce
ntralDistribution.do?caseType=Application&ke
yVal=R9SWVMBGMM400
Previous Application 
Date of Consultation 6th April 2022
Is this a re-consultation of
an existing application?
No
Applicant Name Mr Steve Cox
Applicant Organisation
Name 
Applicant Address Strathlene House
Calcots
Elgin
Moray
IV30 8NB 
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 Sheila Bernard
Case Officer Phone number 
Case Officer email address sheila.bernard@moraya.gov.uk
PA Response To consultation.planning@moray.gov.uk
Page 41

Page 42

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 42

Page 43

MORAY COUNCIL 
PLANNING CONSULTATION RESPONSE 
From:   Transportation Manager 
Planning Application Ref. No: 22/00542/PPP
Proposed dwellinghouse and detached garage on Site Adjacent To 1-5 South Darklands
Lhanbryde Elgin Moray for Mr Steve Cox 
I have the following comments to make on the application:-  
Please 
(a) I OBJECT to the application for the reason(s) as stated below  
(b) I have NO OBJECTIONS to the application and have no condition(s) and/or
comment(s) to make on the proposal 

(c) I have NO OBJECTIONS to the application subject to condition(s) and/or
comment(s) about the proposal as set out below   
x
(d) Further information is required in order to consider the application as set out
below 

Condition(s)
1. No development shall commence until:
i) a detailed drawing (scale 1:500 or 1:1000 which shall also include details to
demonstrate control of the land) showing the visibility splay 3.0 metres by 100
metres to the east, and 3.0 metres by 120 metres to the west, and a schedule of
maintenance for the splay area has been submitted to and approved by the
Council, as Planning Authority in consultation with the Roads Authority; and
ii) thereafter the visibility splay shall be provided in accordance with the
approved drawing prior to any works commencing (except for those works
associated with the provision of the visibility splay); and
iii) thereafter the visibility splay shall be maintained at all times free from any
obstruction exceeding 0.6 metres above the level of the carriageway in accordance
with the agreed schedule of maintenance. 
Reason: To enable drivers of vehicles leaving the site to have a clear view over a length of
road sufficient to allow safe exit, in the interests of road safety for the proposed
development and other road users, through the provision of details currently lacking. 
2. No development works shall commence on the dwelling house until a detailed drawing
(scale 1:200) has been submitted to and approved in writing by the Council, as Planning
Authority in consultation with the Roads Authority confirming the provision of, or location
where a future Electric Vehicle (EV) charging unit is to be connected to an appropriate
electricity supply, including details (written proposals and plans) to confirm the provision of
the necessary cabling, ducting, and consumer units capable of supporting the future
charging unit; and thereafter the EV charging infrastructure shall be provided in
Page 43

Page 44

accordance with the approved drawing and details prior to the first occupation of the
dwelling house. 
Reason: In the interests of an acceptable form of development and the provision of
infrastructure to support the use of low carbon transport, through the provision of details
currently lacking. 
3. No development shall commence until details have been submitted for the approval in
writing of the Planning Authority, in consultation with the Roads Authority, showing the
extension of the existing bin store to safely contain recycling bins. The bin store should be
located in close proximity to the site access onto the public road but out with the required
visibility splays; and thereafter the bin store shall be extended in accordance with the
approved details prior to the first occupation of the dwelling house. 
To ensure acceptable development that does not create any hazard to road users in the
interests of road safety through the provision of details currently lacking 
4. Parking provision shall be as follows:
 2 spaces for a dwelling with two or three bedrooms; or
 3 spaces for a dwelling with four bedrooms or more. 
The car parking spaces shall be provided within the site prior to the occupation or
completion of the 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. 
5. Prior to the first occupation of the dwelling house, the first 10m of the existing access
track, measured from the edge of the public carriageway, shall be constructed to the
Moray Council specification and surfaced with bituminous macadam across its full existing
width. 
Reason: To ensure acceptable infrastructure at the development access. 
6. No water shall be permitted to drain or loose material be carried onto the public
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 
7. A turning area shall be provided 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 
8. New boundary walls/fences shall be set back from the edge of the public carriageway at
a minimum distance of 2.0m and to a position behind the required visibility splays. 
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Page 45

Reason: To ensure acceptable development in the interests of road safety.
Further comment(s) to be passed to applicant
The formation of the required visibility splays will require the cutting back of tree branches
and vegetation. 
Planning consent does not carry with it the right to carry out works within the public road
boundary. 
The provision of Electric Vehicle (EV) chargers and/or associated infrastructure shall be
provided in accordance with Moray Council guidelines. Cabling between charging units
and parking spaces must not cross or obstruct the public road including footways.
Infrastructure provided to enable EV charging must be retained for this purpose for the
lifetime of the development unless otherwise agreed in writing by the Planning Authority.  
Guidance on Electric Vehicle (EV) Charging requirements can be found at:
http://www.moray.gov.uk/downloads/file134860.pdf 
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 Note - the access surfacing
should be graded such that all surface water discharges into the existing roadside
drainage ditche(s). The existing provisions for the roadside ditch at the access to accept
water from the public road (existing offlets) should also be retained. 
Public utility apparatus may be affected by this proposal.  Contact the appropriate utility
service in respect of any necessary utility service alterations which have to be carried out
at the expense of the developer. 
No building materials/scaffolding/builder’s skip shall obstruct the public road (including
footpaths) without permission from the Roads Authority. 
The applicant shall free and relieve the Roads Authority from any claims arising out of
their operations on the road or extension to the road. 
Contact: AG Date 22 April 2022
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://public.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 45

Page 46

Consultation Request Notification 
Planning Authority Name Moray Council
Response Date  20th April 2022
Planning Authority
Reference
22/00542/PPP
Nature of Proposal
(Description)
Proposed dwellinghouse and detached garage on
Site Site Adjacent To 1-5 South Darklands
Lhanbryde
Elgin
Moray 
Site Postcode N/A
Site Gazetteer UPRN 000133074990
Proposal Location Easting 326099
Proposal Location Northing 861859
Area of application site (M2) 3796
Additional Comment 
Development Hierarchy
Level
LOCAL
Supporting Documentation
URL
https://publicaccess.moray.gov.uk/eplanning/ce
ntralDistribution.do?caseType=Application&ke
yVal=R9SWVMBGMM400
Previous Application 
Date of Consultation 6th April 2022
Is this a re-consultation of
an existing application?
No
Applicant Name Mr Steve Cox
Applicant Organisation
Name 
Applicant Address Strathlene House
Calcots
Elgin
Moray
IV30 8NB 
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 Sheila Bernard
Case Officer Phone number 
Case Officer email address sheila.bernard@moray.gov.uk
PA Response To consultation.planning@moray.gov.uk
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NOTE:
If you do not respond by the response date, it will be assumed that you have no
comment to make. 
The statutory period allowed for a consultation response is 14 days.  Due to scheduling
pressures if a definitive response is not received within 21 days this may well cause the
two month determination period to be exceeded. 
Data Protection - Moray Council is the data controller for this process.  Information collected about
you on this form will be used to process your Planning Application, and the Council has a duty to
process your information fairly.  Information we hold must be accurate, up to date, is kept only for
as long as is necessary and is otherwise shared only where we are legally obliged to do so.  You
have a legal right to obtain details of the information that we hold about you.
For full terms please visit  http://www.moray.gov.uk/moray_standard/page_121513.html 
For full Data Protection policy, information and rights please see
http://www.moray.gov.uk/moray_standard/page_119859.html 
You can contact our Data Protection Officer at info@moray.gov.uk or 01343 562633 for more
information. 
Please respond using the attached form:- 
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MORAY COUNCIL 
PLANNING CONSULTATION RESPONSE 
From:   Aberdeenshire Council Archaeology Service 
Planning Application Ref. No: 22/00542/PPP
Proposed dwellinghouse and detached garage on Site Adjacent To 1-5 South Darklands
Lhanbryde Elgin Moray for Mr Steve Cox 
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…20/04/22……..
email address:
archaeology@aberdeenshire.gov.uk
Phone No  …01467 537717
Consultee: Archaeology service 
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Return response to  consultation.planning@moray.gov.uk 
Please note that information about the application including consultation responses and
representations (whether in support or objection) received on the proposal will be published on the
Council’s website at http://publicaccess.moray.gov.uk/eplanning/  (You can also use this site to
track progress of the application and view details of any consultation responses and
representations (whether in support or objection) received on the proposal).  In order to comply
with the Data Protection Act, personal information including signatures, personal telephone and
email details will be removed prior to publication using “redaction” software to avoid (or mask) the
display of such information.  Where appropriate other “sensitive” information within documents will
also be removed prior to publication online.
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From: Susie Simpson <Susie.Simpson@moray.gov.uk>
Sent: 20 May 2022 10:37:05
To: DMSMyEmail@moray.gov.uk
Cc:
Subject: FW: 22/00542/PPP - Site Adj 1-5 South Darklands
Attachments:    
Susie Simpson| Clerical Assistant/WPO | Economic Growth and Development
susie.simpson@moray.gov.uk  | website | facebook | twitter | instagram | news
01343 563092 | 07929784965
 
From: Richard Knight <Richard.Knight@moray.gov.uk>
Sent: 19 May 2022 14:12
To: Sheila Bernard <Sheila.Bernard@moray.gov.uk>
Cc: Planning Consultation <consultation.planning@moray.gov.uk>
Subject: RE: 22/00542/PPP - Site Adj 1-5 South Darklands  
Hi Sheila  
I have gone through this one again and even with taking into account the neighbours concerns I do not have any issues with this
one at this stage.  
Clearly when going for full planning they will need to supply more information but for now there are no show stoppers  
Kind regards
Richard    
Richard Knight  
MCIWEM C.WEM IEng | Engineer | Consultancy
Moray Council, PO Box 6760, Elgin, Moray, IV30 9BX
Tel: 01343 563757  
Email:Richard.knight@moray.gov.uk 
From: Sheila Bernard
Sent: 17 May 2022 16:13
To: Richard Knight
Subject: 22/00542/PPP - Site Adj 1-5 South Darklands  
Good Afternoon Richard  
Could you please have a look at the representation above on the application for a site adj to 1-5 South Darklands. Just for clarity
do you have any comments on this?  
Many Thanks  
Sheila Bernard  
Sheila Bernard| Planning Officer | Economic Growth and Development
sheila.bernard@moray.gov.uk |website | facebook | twitter | instagram | news
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Office Direct Dial - 01343 563565 | Mobile - 07854685839   
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Comments for Planning Application 22/00542/PPP
Application Summary
Application Number: 22/00542/PPP
Address: Site Adjacent To 1-5 South Darklands Lhanbryde Elgin Moray
Proposal: Proposed dwellinghouse and detached garage on
Case Officer: Sheila Bernard
Customer Details
Comment Details
Commenter Type: Neighbour
Stance: Customer objects to the Planning Application
Comment Reasons:
- Affecting natural environment
- Contrary to Local Plan
- Reduction of natural light
- View affected
Comment:While I do not object to a new house being built in South Darklands the site proposed in
the plans would leave my property (number 3) completely surrounded. The line of trees at the front
boundary would cut out natural light and the roots would likely cause damage to existing fences
and plants in my garden.
The plan also goes against the current Moray Local Development Plan DP4 section d part dii
prohibiting new housing in open countryside in pressurised and sensitive areas.
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From:
Sent: Thu, 21 Apr 2022 08:02:59 +0000
To: Planning-Objections
Subject: 22/00542/PPP
Hi
Please accept this email as my objection to the proposed planning permission at South
Darklands.
The site is within the Moray Local Development plan 2020 which states no new housing will be
permitted.
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Comments for Planning Application 22/00542/PPP
Application Summary
Application Number: 22/00542/PPP
Address: Site Adjacent To 1-5 South Darklands Lhanbryde Elgin Moray
Proposal: Proposed dwellinghouse and detached garage on
Case Officer: Sheila Bernard
Customer Details
Comment Details
Commenter Type: Neighbour
Stance: Customer made comments neither objecting to or supporting the Planning Application
Comment Reasons:
Comment:There was Giant Hogweed growing on this site last year near No 3. I sprayed this with
weed killer but there is no guarantee that it was eradicated.
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REPORT OF HANDLING 
Ref No: 22/00542/PPP Officer: Sheila Bernard
Proposal
Description/
Address  
Proposed dwellinghouse and detached garage on Site Adjacent To 1-5 South
Darklands Lhanbryde Elgin Moray
Date: 26.05.2022 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 
Environmental Health Manager 27/04/22 No objections
Contaminated Land 08/04/22 No objections
Transportation Manager 22/04/22 No objections subject to conditions.
Scottish Water 15/04/22 No objections subject to Scottish Water Pre-
Development Enquiry Process.  No waste
water facilities available.
Moray Flood Risk Management 12/05/22 Assessment confirms that obligations are
required towards healthcare.  An affordable
housing contribution is also required.
Planning And Development Obligations 14/04/22 No objections 
Moray Flood Risk Management 19/05/22 No objections
Aberdeenshire Council Archaeology
Service
20/04/22 No objections 
DEVELOPMENT PLAN POLICY
Policies Dep Any Comments 
(or refer to Observations below)
PP1 Placemaking  
PP2 Sustainable Economic Growth  
PP3 Infrastructure and Services  
DP1 Development Principles  
DP4 Rural Housing Y Refer to observations below
EP2 Biodiversity  
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Page 2 of 6
EP4 Countryside Around Towns Y Refer to observations below
EP8 Historic Environment  
EP12 Management and Enhancement Water  
EP13 Foul Drainage   
REPRESENTATIONS
Representations Received  NO
Total number of representations received:  FOUR
Names/Addresses of parties submitting representations 
Summary and Assessment of main issues raised by representations
Issue: Contrary to the Moray Local Development Plan 2020. 
Comments (PO): The proposed site sits within both a Pressurised and Sensitive Area and an area of
Countryside Around Town where no new housing is permitted within these identified areas.   
Issue: Giant Hogweed was identified on site and was sprayed with weed killer, however there is no
guarantee that it was eradicated. 
Comments (PO): This is not a material planning consideration and is subject to separate legislative
controls.   
Issue: Loss of natural light due to trees on front boundary line. 
Comments (PO): Species of all tree/hedge planting, numbers and spacing will require to be
addressed in any forthcoming application for planning permission; any potential light impacts from
trees proposed along the site boundary would be assessed at that time. 
Issue: There is existing drainage issues where Darkland Road floods to a depth of 0.5m near the
junction with South Darkland.  This is caused by poor drainage from the ditch and a pipe that crosses
the road and the field to the north. 
Comments (PO: The Flood Risk management Team were consulted on this matter and have raised
no concerns at this stage, however if an application for full planning was submitted, more details
would be required and would be assessed at that time. 
Issue:  The access to Darklands Road has poor surfacing and poor visibility. 
Comments (PO): The Transportation Manager has raised no objections to the proposal on road
safety grounds, subject to conditions including the provision of visibility splays and the upkeep of the
splays, as well as the first 10m of existing track from carriageway upgraded and surfaced with
bituminous macadam across its full existing width and that any new boundary walls or fences be set
back from the edge of the public road at a minimum distance of 2m behind the required visibility
splays. 
Issue: Other recent applications for planning permission along the Darklands Road have not
complied with planning conditions implemented. 
Comments (PO): This is not a material planning consideration when assessing this application
however, these comments have been passed to the Condition Monitoring Officer to investigate. 
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Page 3 of 6
Issue: The access track to South Darklands is the responsibility of the householders and is not a
hard surface and therefore would not withstand construction traffic associated with a new build
house. 
Comments (PO): The Transportation Manager has no raised no objections subject to conditions
including the first 10m of the access to be surfaced in bituminous macadam across the full existing
width. Beyond this point the remainder of the track and its maintenance is a private matter.  Therefore
any issues in relation to shared access would be dealt with between owners and are not a material
planning matter. 
OBSERVATIONS – ASSESSMENT OF PROPOSAL 
Policy 
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
considerations indicate otherwise.  The main planning issues are considered below: 
The Proposal 
An application for planning permission in principle (PPP) for the erection of a dwellinghouse and
detached garage on a plot of land adjacent to 1-5 South Darklands, Lhanbryde.  This application
seeks to determine whether the principle of a dwellinghouse being erected on this site is acceptable. 
The proposed site plan shows an indicative layout with the dwellinghouse and garage situated at the
north end of the site adjacent to number 5.  The site plan also shows both a private waste septic tank
and a surface water soakaway and a variety of landscaping around the boundaries of the site. 
The Site and Surroundings 
The proposed house would sit on an area of land adjacent to the access track for the area known as
South Darkland. The site sits within both a Pressurised and Sensitive Area and an area of
Countryside Around Towns (Elgin) as identified in the Moray local Development Plan 2020, and is
located around 2km to the north west of the centre of the settlement of Lhanbryde.  The site area is
2568sqm in size and gradually rises to the south.  To the north and west of the site is open
countryside, and to the south east there are five dwellinghouses.    
Policy Assessment 
Siting and Character (DP1, DP4, EP4) 
Policy DP4 sets out the requirements for rural housing proposals, through the means of a
development hierarchy. In this hierarchy the majority of rural housing development is to be
accommodated within identified Rural Groupings , followed by the re-use of site's where development
has previously occurred and finally to sites in the open countryside.  Given the high levels of rural
housing development, in many areas of Moray, the open countryside has been identified as either
being a Pressurised and Sensitive Area or in an area of immediate pressure.  In this instance the
proposed site is located in a Pressurised and Sensitive Area. No siting or design criteria is set out
within Pressurised and Sensitive Areas as new housing in these locations is not supported. 
Policy EP4 sets out the requirements for dealing with development in the Countryside around Towns
(CAT) which are classed as sensitive areas and are designated as such to prevent development
sprawl into the countryside and to maintain the distinction between the countryside and the town. No
new rural housing will be permitted within these areas unless the criteria set out in Policy EP4 is met.
The proposed site sits within the CAT area around Elgin and does not involve the rehabilitation,
conversion, limited extension, replacement or change of use of any existing buildings or for the
purpose of agriculture, forestry or low intensity recreational or tourism; or is designated as long term
housing allocation released for development.  The proposals do not fall within any of the above
mentioned criteria.  
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Page 4 of 6  
Policy DP1 requires development to be of a scale, density and character which is appropriate to the
surrounding area, and must be integrated into the surrounding landscape.  Policy DP1 also states
that proposals should not adversely impact the amenity of any neighbouring properties.  As this
application is for Planning Permission in Principle (PPP) no detailed designs or material finishes have
been submitted and would be assessed in any forthcoming full application if permission was granted.    
The proposed house site sits within a Pressurised and Sensitive Area where this is no scope for new
rural housing. The introduction of a new dwellinghouse in this location will have an adverse impact on
the character and appearance of the surrounding area given that the site lacks the required
immediate (on the boundary of the site) backdrop of existing landform, trees and buildings to provide
acceptable enclosure.   
In addition to this the proposed introduction of a further house in this location alongside existing
housing would contribute to unacceptable cumulative build-up which will negatively impact the
landscape character of this area.    
The propose house site is located within the Countryside Around Towns Area identified by Policy
EP4, and would not fall with any of the excepted categories of development permitted under this
policy, and as such would result in development sprawl into the countryside affecting the special
character of this area.    
On this basis the proposal would be contrary to Policy DP1, DP4 and EP4 of the Moray Local
Development Plan 2020. 
Water and Drainage (EP12 and EP13) 
Scottish Water has raised no objection to the proposals subject to their Pre-Development Enquiry
process, however there are no waste water facilities in the vicinity of this development and therefore
the applicant would need to investigate private treatments. In this regard the proposals show a septic
tank with soakaway positioned on the site plan, with the latter supported by SuDS calculations. The
Flood Risk Management Section have assessed and are content with this information, and have
raised no objections to the proposals.   
However this is separate from and does not override the unacceptable siting impact of the
development as contrary to the requirements of Policy DP1, DP4 and EP4. 
Access and Parking  
The Transportation Manager has raised no objections to the proposal and has recommended
conditions to ensure safe access and parking on the site should permission be granted. These
include the provision of visibility splays and the upkeep of these, the provision of and Electrical
vehicle (EV) charging point, parking and turning, as well as the first 10 metres of the road to be
surfaced in bituminous macadam across the full existing width.  A condition is also recommended in
regards to the proposed bin store and its positioning. The proposal would comply with the relevant
access and parking requirements of Policy DP1 (ii) and PP3. 
However this is separate from and does not override the unacceptable siting impact of the
development as contrary to the requisite elements of Policy DP1, DP4 and EP4. 
Developer Obligations and Affordable Housing Contribution (PP3 and DP2) 
Developer contributions towards healthcare and a contribution to affordable housing is required as
part of the proposal.  Payment of the contributions and affordable housing contribution would be
undertaken through an upfront payment or through the provision of a Section 75 Agreement.   
The applicant/agent has confirmed acceptance of the identified obligations should planning
permission be given.  This acceptance of developer obligations and affordable housing contributions
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Page 5 of 6
is separate from and does not override the unacceptable impact of the development as contrary to
the requisite elements of Policy DP1, DP4 and EP4.    
Conclusion and Recommendation 
The proposal would result in the introduction of a new dwellinghouse in a pressurised and sensitive
area and a countryside around towns area where new housing is not permitted, and will contribute to
an unacceptable cumulative build-up of housing and adversely affect the character and appearance
of these protected areas. It is therefore contrary to Policies DP1, DP4 and EP4 and is recommended
for refusal. 
OTHER MATERIAL CONSIDERATIONS TAKEN INTO ACCOUNT 
None 
HISTORY
Reference No. Description       
Decision  Date Of Decision   
ADVERT
Advert Fee paid? Yes
Local Newspaper Reason for Advert Date of expiry 
Northern Scot No Premises
Departure from development plan 05/05/22
PINS No Premises
Departure from development plan
05/05/22 
DEVELOPER CONTRIBUTIONS (PGU)
Status Contributions Sought 
DOCUMENTS, ASSESSMENTS etc. *
* Includes Environmental Statement, Appropriate Assessment, Design Statement, Design and Access
Statement, RIA, TA, NIA, FRA etc
Supporting information submitted with application? YES 
Summary of main issues raised in each statement/assessment/report
Document Name:  Drainage Statement and drainage calculations.  
Main Issues:  SUDS calculations provided 
S.75 AGREEMENT
Application subject to S.75 Agreement  NO
Summary of terms of agreement:   
Location where terms or summary of terms can be inspected:   
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Page 6 of 6 
DIRECTION(S) MADE BY SCOTTISH MINISTERS (under DMR2008 Regs)
Section 30 Relating to EIA  NO
Section 31 Requiring planning authority to provide information
and restrict grant of planning permission  NO
Section 32 Requiring planning authority to consider the imposition
of planning conditions  NO
Summary of Direction(s)   
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(Page 2 of 3) Ref:  22/00542/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 policies DP4 Part d) ii), DP1(i) and EP4 for the
following reasons:
i) The proposal site falls within the Pressurised and Sensitive Area identified
by Policy DP4 Part d) ii), in which no new house sites will be permitted
due to the detrimental landscape and visual impacts associated with high
levels of rural housing build up in these areas.  The proposed house in
this location is contrary to Policy DP4 and DP1(i). The proposed new
dwellinghouse will have an adverse impact on the character and
appearance of the surrounding area given that the site lacks the required
immediate (on the boundary of the site) backdrop of existing landform,
trees and buildings to provide acceptable enclosure.
ii) The proposed introduction of a further house in this location alongside
existing housing is considered to constitute an unacceptable cumulative
build-up of housing which will negatively impact the landscape character
of this area.
iii) The site falls within the Countryside Around Towns Area identified by
Policy EP4, in which no new rural housing will be permitted unless the
proposal involves the rehabilitation, conversion, limited extension,
replacement; or change of use of existing buildings or for the purpose of
agriculture, forestry or low intensity recreational or tourism; or is
designated as long term housing allocation released for development.
The proposals do not fall within any of the above criteria and will result in
development sprawl into the countryside affecting the special character of
this area.
LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT
The following plans and drawings form part of the decision:-
Reference Version Title
S.DARK/PL/02 Block plan
S.DARK/PL/01 Site plan
Location plan
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(Page 3 of 3) Ref:  22/00542/PPP
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.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 100551237-004
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
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
Mr
Steve
Moray Council
Cox Calcots
Strathlene House
IV30 8NB
Site adjacent to 1-5 South Darkland, Lhanbryde, Elgin, Moray IV30 8NT
Scotland, UK
861876
Elgin
326115
info@sreiddesign.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)
Proposed dwelling-house and detached garage at Site adjacent to 1-5 South Darkland, Lhanbryde, Elgin, Moray IV30 8NT
Please see seperate NOR Supporting Statement.
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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.
Location Plan Site Plan  Block plan NOR Supporting Statement Letter from Mr I.Dean
22/00542/PPP
27/05/2022
04/04/2022
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Page 5 of 5
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: 06/07/2022
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5
4
1
2
3
PROPOSED HOUSE
PROPOSED
GARAGE
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
S  i  t  e        a  d  j  a  c  e  n  t        t  o        1 - 5        S  o  u  t  h        D  a  r  k  l  a  n  d S  i  t  e        a  d  j  a  c  e  n  t        t  o        1 - 5        S  o  u  t  h        D  a  r  k  l  a  n  d
Proposed dwelling-house and detached garage at
Site adjacent to 1-5 South Darkland, Lhanbryde, Elgin
M
oray IV30 8NT For M
r S.Cox
MAR 2022
DATE
SCALE
1:1000 (A3)
DRG. NO.
S.DARK / PL / 02
Plan (scale 1:1000)
Block
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OS LOCATIONPLAN (SCALE - 1:5000)
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 dwelling-house and detached garage at
Site adjacent to 1-5 South Darkland, Lhanbryde, Elgin
Moray IV30 8NT For Mr S.Cox
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Proposed dwelling-house and detached garage at
Site adjacent to 1-5 South Darkland, Lhanbryde, Elgin
Moray IV30 8NT For Mr S.Cox
MAR 2022
DATE SCALE
1:500 (A3)
DRG. NO.
S.DARK / PL / 01
S  i  t  e        a  d  j  a  c  e  n  t        t  o        1 - 5        S  o  u  t  h        D  a  r  k  l  a  n  dS  i  t  e        a  d  j  a  c  e  n  t        t  o        1 - 5        S  o  u  t  h        D  a  r  k  l  a  n  d
PROPOSED SEPTIC
TANK OR TREATMENT
PLANT
RED OUTLINE DENOTES
EXTENT OF APPLICATION
BOUNDARY (3796 sqm).
OWNED BY -
MR J.SYLVESTRIE,
NORTH DARKLANDS,
LHANBRYDE
IV30 8LB
PROPOSED
HOUSE
PROPOSED
GARAGE
SOAKPIT
SW SOAKAWAY
10.000
SOUTH DARKLAND
5
4
1
2
3
EXISTING TRACK
This applicaon is for Planning in Principle. If the         
applicaon is consented a detailed planning applicaon         
will be submi)ed accompanied by a full drainage report         
(by specialists) including percolaon tests and soakaway         
sizing. The foul water will be taken to a sepc tank or         
treatment plant and then into an appropriately sized foul     
water soakaway. The surface water will be taken into an         
appropriately sized surface water soakaway.
D  R  A  I  N  A  G  E
FFL - 10.500
BOUNDARY - LINE OF WATERCOURSE / POST + WIRE FENCE
BOUNDARY - EXISTING TRACK / PROPERTY BOUNDARIES
TO B9103
TO LHANBRYDE
New trees are to be planted out which
will consist of a mixture of Birch, Larch,
Rowan & Scot Pine trees and bushes at
approx. 1.5m centres to give at least 15%
foliage cover. All new trees to be at least
half standard (approx 1.5m in height).
L  A  N  D  S  C  A  P  E     W  O  R  K  S
BOUNDARY - EXISTING PROPERTY BOUNDARY
BOUNDARY -
POST + WIRE FENCE
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
Plan (scale 1:500)Site
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APPENDIX 3 
FURTHER REPRESENTATIONS
FROM INTERESTED PARTIES
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1
Lissa Rowan
From:
Sent: 04 August 2022 17:37
To: Lissa Rowan
Subject: Re: Planning Appeal 65978
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.
Dear Linda 
Planning Appeal 69578 
Thank you.  Here is our reponse to the counter proposal made by the applicant regarding South
Darkland.  We can speak only for No 5: 
1.  Nothing that is stated changes the fact that the new dwelling is in an area specifically excluded
from development.  There are other areas close by which are not excluded and they should be
used 
2.  Much as we have sympathy with Mr Silvestri's health issues - and this is the first time we have
learnt that he plans to live in the new property if approved - it is surely irrelevant to a planning
application.  The house would still be there long after Mr Silvestri has departed 
3.  We totally disagree that the proposed property would 'have a positive impact' on the locality or
'fit in well'.  It most certainly would not enhance our outlook nor that of the other houses
involved.  At present I can see to Pluscarden from my house.  If a new property were to be built in
the planned location I would lose that outlook - and the new owner would gain it 
Please use the above paras as our counter to this Notice of Review 
Sincerely 
-----Original Message-----
From: Lissa Rowan <Lissa.Rowan@moray.gov.uk>
To: 
Sent: Mon, 1 Aug 2022 15:45
Subject: RE: Planning Appeal 65978
Good afternoon 
Thank you for your email and I apologise for the delay in replying as I was on annual leave.  
I am sorry you are having difficulty accessing the documents.  
If you follow this link, it should take you to the paperwork associated with the appeal.  
Kind regards  
Lissa
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2
Lissa Rowan| Committee Services Officer | Governance, Strategy and
Performance Services
lissa.rowan@moray.gov.uk  | website | facebook | twitter | instagram | news
07765 741754 
From:  
Sent: 22 July 2022 14:05
To: Lissa Rowan <Lissa.Rowan@moray.gov.uk>
Subject: Planning Appeal 65978  
Lisa 
Thank you for your email.  I attempted to log into the associated documents using your reference but without
success.  Could you re-send the details please?   
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MORAY LOCAL REVIEW BODY
27 SEPTEMBER 2022
SUMMARY OF INFORMATION FOR CASE No LR280
Planning Application 22/00400/APP – Increase number of children approved under ref
21/00400/APP from 9 to 15 at Child Minding Business at 36 Smith Drive, Elgin, Moray, IV30
4NE
Ward 6 – Elgin City North
Planning permission in principle was refused under the Statutory Scheme of Delegation by the
Appointed Officer on 29 April 2022 on the grounds that:
The proposal is contrary to the requirements of policy DP1 (I) (a & e), because:
• The site is within a quiet residential area and the scale of the proposal would result in a
level of activity in relation to the arrival and departure of children and staff and activity
throughout the day that is not in keeping with the character of the area.
• There would be an adverse impact on the privacy of neighbouring properties as a result of
the increase in the arrivals and departures of children and staff and increased noise and
activity throughout the day.
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. 
Item 5
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1
7
2
4
9
MillLade
River Lossie
FB
Bow Bridge
94
20
36
54
18
13
32
33
27
45
14
34
88
96
15
41 87
86
25
85
30
35
95
9347
22
28
26
42
29
40
16
38
97
31
10
Weir
El
Drain
Sluice
LB
11
Path (um)
149
129
100
143
141
104
25a
CRESCENT
112
110
113
DUNCAN DRIVE LANG WALKSMITH DRIVE
OLDMILLS ROAD
111
MORRISTON ROAD
HAMILTON DRIVE
25.5m
19.8m
26.2m
22.8m
24.8m
20a
Gas Gov
Ward Bdy
Lang Walk
El Sub Sta
El Sub Sta
20
Lang Walk
SMITH DRIVE
18
Lang Walk
36
Weir
FB
1
FB
15
25
22
Drain
FB
HAMILTON DRIVE
FB
13
Weir
27
15
2
FB
Path (um)
Lang Walk
Location plan for Planning Application Reference Number :
22/00400/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 93

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APPENDIX 1 
DOCUMENTS CONSIDERED
OR PREPARED BY THE
APPOINTED OFFICER
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Statement for Planning Application
The maximum children I would care for after is 15 (3 of these are my
own children and live at the premises). The maximum number of
children I will be caring for until 2023/2024 is 12. I’m applying to
increase to 15 now so that I don’t have to repeat the process again in
the future. The recurrent costs of applying for a small business are
not cost effective, especially during the Covid Pandemic.  I’ve felt the
financial repercussions of being a small business, with no final
support after facing closure twice so far. At present I’m not taking on
more children, I am simply and efficiently providing more hours to
the children I already provide for.
Opening hours will be from 7.30am till 6pm, Monday to Friday.  At
least 50% of my families walk to and from my home so no increase in
traffic and/or parking. I also pick up and drop off children to and
from their own homes.
I will be employing 2 staff. 1 lives at the premises. Their working
hours will be from 8.30am till 4.30pm. We have adequate space for
my staff to park their cars on our drive.
I’m employing staff through the MERI Scheme which supports
individuals in getting back to work. Again, something very much
needed in our area.
I have a Drop-Off and Pick-Up Policy in place to ensure these are
made promptly. My families are aware of this and have not blocked
any neighbour’s driveways.
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Being a provider of the Early Years Funded Hours provided by Moray
Council, it is vital that I’m able to provide these hours to the children
in my care. There is currently a lack of childcare available in Moray,
Elgin being the biggest area. More Childminders are giving up this
year which will leave children unable to access the hours they are
eligible for.
I have a range of families from the NHS, Teachers and the Military
who require childcare and continuity of care for their children.
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Comments for Planning Application 22/00400/APP
Application Summary
Application Number: 22/00400/APP
Address: 36 Smith Drive Elgin Moray IV30 4NE
Proposal: Increase number of children from 9 to 15 at Child Minding Business at
Case Officer: null
Customer Details
Comment Details
Commenter Type: Member of the Public
Stance: Customer made comments in support of the Planning Application
Comment Reasons:
Comment:Little Sparkles is an incredible childcare setting and my little boy thrives there. Dawn is
amazing at what she does and given the shortage of childcare in the area, increasing Little
Sparkles capacity is going to be beneficial to the whole area. I Fully support.
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Comments for Planning Application 22/00400/APP
Application Summary
Application Number: 22/00400/APP
Address: 36 Smith Drive Elgin Moray IV30 4NE
Proposal: Increase number of children from 9 to 15 at Child Minding Business at
Case Officer: null
Customer Details
Comment Details
Commenter Type: Member of the Public
Stance: Customer made comments in support of the Planning Application
Comment Reasons:
Comment:I think this is a fantastic idea.
Demands for childcare and childminders is a huge needed service in Elgin right now and it will
help and support the childminders current families aswell as new.
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Comments for Planning Application 22/00400/APP
Application Summary
Application Number: 22/00400/APP
Address: 36 Smith Drive Elgin Moray IV30 4NE
Proposal: Increase number of children from 9 to 15 at Child Minding Business at
Case Officer: null
Customer Details
Comment Details
Commenter Type: Member of the Public
Stance: Customer made comments in support of the Planning Application
Comment Reasons:
Comment:I fully support this application. As a parent of a child that attends we could really use the
extra wiggle room with childcare with us both being employed. Childcare is so short in moray and
this could help many family's in need to return to work.
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Comments for Planning Application 22/00400/APP
Application Summary
Application Number: 22/00400/APP
Address: 36 Smith Drive Elgin Moray IV30 4NE
Proposal: Increase number of children from 9 to 15 at Child Minding Business at
Case Officer: null
Customer Details
Comment Details
Commenter Type: Member of the Public
Stance: Customer made comments in support of the Planning Application
Comment Reasons:
Comment:I support this change
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Comments for Planning Application 22/00400/APP
Application Summary
Application Number: 22/00400/APP
Address: 36 Smith Drive Elgin Moray IV30 4NE
Proposal: Increase number of children from 9 to 15 at Child Minding Business at
Case Officer: null
Customer Details
Comment Details
Commenter Type: Member of the Public
Stance: Customer made comments in support of the Planning Application
Comment Reasons:
Comment:I support this strongly as there is a lack of childcare in the area for the many families
that live here. Military and civilian. I have met the founder of little sparkles and the service that is
provided is exceptional and children (and their families) would benefit greatly with the increase in
numbers.
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Comments for Planning Application 22/00400/APP
Application Summary
Application Number: 22/00400/APP
Address: 36 Smith Drive Elgin Moray IV30 4NE
Proposal: Increase number of children approved under ref 21/00400/APP from 9 to 15 at Child
Minding Business at
Case Officer: Lisa Macdonald
Customer Details
Comment Details
Commenter Type: Member of the Public
Stance: Customer made comments in support of the Planning Application
Comment Reasons:
Comment:Dawn runs a highly professional service that is of great benefit to the children (and their
families) at Little Sparkles. As a parent of a child attending this setting, I am fully in support.
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Comments for Planning Application 22/00400/APP
Application Summary
Application Number: 22/00400/APP
Address: 36 Smith Drive Elgin Moray IV30 4NE
Proposal: Increase number of children approved under ref 21/00400/APP from 9 to 15 at Child
Minding Business at
Case Officer: Lisa Macdonald
Customer Details
Comment Details
Commenter Type: Member of the Public
Stance: Customer made comments in support of the Planning Application
Comment Reasons:
Comment:A positive contribution to the local community. No nuisance created for surrounding
buildings.
Very happy to support this application.
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Comments for Planning Application 22/00400/APP
Application Summary
Application Number: 22/00400/APP
Address: 36 Smith Drive Elgin Moray IV30 4NE
Proposal: Increase number of children approved under ref 21/00400/APP from 9 to 15 at Child
Minding Business at
Case Officer: Lisa Macdonald
Customer Details
Comment Details
Commenter Type: Member of the Public
Stance: Customer made comments in support of the Planning Application
Comment Reasons:
Comment:We have used Little Sparkles for over a year and a half. During this time the service
provided has been excellent and care of the children is always paramount. Not only this but care
for the surroundings and the environment in which we live is also taken into account and children
are taught to not litter, recycle where possible and be mindful of animals and other people.
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From: Gregor Lawson <Gregor.Lawson@moray.gov.uk>
Sent: 26 Apr 2022 02:56:45
To: DMSMyEmail@moray.gov.uk
Cc:
Subject: FW: 22/00400/APP 36 Smith Drive, Elgin
Attachments:    
From: Darren Westmacott <Darren.Westmacott@moray.gov.uk>
Sent: 26 April 2022 14:12
To: Planning Consultation <consultation.planning@moray.gov.uk>
Subject: 22/00400/APP 36 Smith Drive, Elgin  
Good afternoon,  
Whilst the proposal does not include any new buildings, the expansion of a childminding business – including increased
capacity and operating hours – is of an inappropriate scale and character to the surrounding area. The increase in
activity (e.g. from increased footfall/car trips etc.) in this quiet residential street has the potential to impact adversely
on neighbouring residential properties resulting in an overbearing loss of amenity, contrary to Policy DP1  (i) (a) and (e).  
Kind regards,  
Darren  
Darren Westmacott| Planning Officer (Strategic Planning & Development) | Economic Growth & Development
darren.westmacott@moray.gov.uk  | website | facebook | twitter | instagram | news
01343 563358   
Please note that I am currently working from home and can be contacted be email in the first instance.   
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Consultee Comments for Planning Application 22/00400/APP
Application Summary
Application Number: 22/00400/APP
Address: 36 Smith Drive Elgin Moray IV30 4NE
Proposal: Increase number of children approved under ref 21/00400/APP from 9 to 15 at Child
Minding Business at
Case Officer: Lisa Macdonald
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 by Ailsa Findlayson (29/3/22)
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Consultation Request Notification 
Planning Authority Name Moray Council
Response Date  31st March 2022
Planning Authority
Reference
22/00400/APP
Nature of Proposal
(Description)
Increase number of children approved under ref
21/00400/APP from 9 to 15 at Child Minding Business
at
Site 36 Smith Drive
Elgin
Moray
IV30 4NE 
Site Postcode N/A
Site Gazetteer UPRN 000133025343
Proposal Location Easting 320521
Proposal Location Northing 863418
Area of application site (M2) 700
Additional Comment 
Development Hierarchy
Level
LOCAL
Supporting Documentation
URL
https://publicaccess.moray.gov.uk/eplanning/ce
ntralDistribution.do?caseType=Application&ke
yVal=R8RY5YBGM1X00
Previous Application 21/00400/APP 
Date of Consultation 17th March 2022
Is this a re-consultation of
an existing application?
No
Applicant Name Little Sparkles
Applicant Organisation
Name 
Applicant Address 36 Smith Drive
Elgin
Moray
IV30 4NE 
Agent Name 
Agent Organisation Name 
Agent Address 
Agent Phone Number 
Agent Email Address N/A
Case Officer Lisa Macdonald
Case Officer Phone number 01343 563479
Case Officer email address lisa.macdonald@moray.gov.uk
PA Response To consultation.planning@moray.gov.uk 
NOTE:
If you do not respond by the response date, it will be assumed that you have no
comment to make. 
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The statutory period allowed for a consultation response is 14 days.  Due to scheduling
pressures if a definitive response is not received within 21 days this may well cause the
two month determination period to be exceeded. 
Data Protection - Moray Council is the data controller for this process.  Information collected about
you on this form will be used to process your Planning Application, and the Council has a duty to
process your information fairly.  Information we hold must be accurate, up to date, is kept only for
as long as is necessary and is otherwise shared only where we are legally obliged to do so.  You
have a legal right to obtain details of the information that we hold about you.
For full terms please visit  http://www.moray.gov.uk/moray_standard/page_121513.html 
For full Data Protection policy, information and rights please see
http://www.moray.gov.uk/moray_standard/page_119859.html 
You can contact our Data Protection Officer at info@moray.gov.uk or 01343 562633 for more
information. 
Please respond using the attached form:- 
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MORAY COUNCIL 
PLANNING CONSULTATION RESPONSE 
From:   Transportation Manager 
Planning Application Ref. No: 22/00400/APP
Increase number of children approved under ref 21/00400/APP from 9 to 15 at Child Minding
Business at 36 Smith Drive Elgin Moray IV30 4NE for Little Sparkles 
I have the following comments to make on the application:-  
Please 
(a) I OBJECT to the application for the reason(s) as stated below  
(b) I have NO OBJECTIONS to the application and have no condition(s) and/or
comment(s) to make on the proposal 

(c) I have NO OBJECTIONS to the application subject to condition(s) and/or
comment(s) about the proposal as set out below   
x
(d) Further information is required in order to consider the application as set out
below 

Condition(s)
1. The existing car parking shall be retained, with all existing parking spaces made
available for use by staff, residents and customers throughout the lifetime of the
development, unless otherwise agreed in writing with the Council as Planning
Authority. 
Reason: To ensure the permanent availability of the level of parking necessary for
residents/staff/visitors/others in the interests of an acceptable development and road
safety.
Further comment(s) to be passed to applicant
Planning consent does not carry with it the right to carry out works within the public road
boundary. 
No building materials/scaffolding/builder’s skip shall obstruct the public road (including
footpaths) without permission from the Roads Authority. 
Contact: AG Date 07 April 2022
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: 22/00400/APP Officer: Lisa Macdonald
Proposal
Description/
Address  
Increase number of children approved under ref 21/00400/APP from 9 to 15 at Child
Minding Business at 36 Smith Drive Elgin Moray IV30 4NE
Date: 29.04.2022 Typist Initials: SS 
RECOMMENDATION
Approve, without or with condition(s) listed below N
Refuse, subject to reason(s) listed below Y
Legal Agreement required e.g. S,75 N
Notification to Scottish Ministers/Historic Scotland N
Hearing requirements
Departure N
Pre-determination N 
CONSULTATIONS
Consultee Date
Returned Summary of Response 
Environmental Health Manager 31/03/22 No objection
Transportation Manager 07/04/22 No objection subject to a condition requiring
the existing parking to be retained 
Strategic Planning And Development 26/04/22 Objection - the expansion of a childminding
business is of an inappropriate scale and
character to the surrounding area. The
increase in activity (e.g. from increased
footfall/car trips etc.) in this quiet residential
street has the potential to impact adversely
on neighbouring residential properties
resulting in an overbearing loss of amenity,
contrary to Policy DP1 (i) (a) and (e). 
DEVELOPMENT PLAN POLICY
Policies Dep Any Comments 
(or refer to Observations below)
PP1 Placemaking N 
PP2 Sustainable Economic Growth N 
PP3 Infrastructure and Services N 
DP1 Development Principles Y See below 
REPRESENTATIONS
Representations Received YES 
Total number of representations received: 8
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Page 2 of 4
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: Contributors welcome the service provided and are supportive of the proposed expansion. 
Comments (PO): The support for the business is noted.   
Issue: The development will not create nuisance.  
Comments (PO): While the development may not give rise to a statutory nuisance in terms of noise
or other pollution the level of use proposed would impact on the surrounding area.   
OBSERVATIONS – ASSESSMENT OF PROPOSAL 
Section 25 of the 1997 Act as amended requires applications to be determined in accordance with
the development plan i.e. the adopted Moray Local Development Plan 2020 (MLDP) unless material
considerations indicate otherwise. The main planning issues are considered below: 
The Proposal  
This application seeks to increase the number of children that can be cared for at an existing child
minder at a house on Smith Drive in Elgin and increase the opening hours.  Planning Permission has
been granted (21/00400/APP) which allows for a maximum of 9 children to be cared for at any one
time.  The current proposal is to increase this number to 15 (of which 3 are the applicants own
children).  This will require the employment of a third member of staff.   The existing permission
allows for the child minder to operate between 8 am and 6pm Monday - Friday.  The current
application seeks to increase the opening hours to 7:30 am - 6pm.  No weekend working is proposed.  
The Site   
The site is an existing house in a residential area of Elgin. There is a parking area at the front and an
enclosed garden area to the rear. 
Principle of Development (DP1)   
While the facts of each case must be assessed separately it is generally accepted that child minders
who care for up to 6 children in their own home with no other members of staff employed do not
require planning permission as this level of use remains commensurate with the use of the house as
a house and does not represent a material change of use. This reflects the Care Commission
registration requirements for this type of business. In this case planning permission (21/00400/APP)
has been granted for the care of up to 9 children (of which 3 are the children of the applicant) to be
cared for by two people who both live on site.  The current application seeks to increase the
maximum number of children that can be cared for at any one time to 15 and employ an additional
member of staff who will not live on site.  This represents a significant intensification which would
radically alter the character of the use of the premises.  The activity of arrival and departure of
children and staff and the level of noise and activity throughout the day would be significantly different
from that associated with a house or indeed a house with a small ancillary child-minding use.  It is
noted from the representations that the service provided is highly valued however, the numbers of
children and staff proposed is more akin to a small nursery than a strictly child-minding use and as
such is not appropriate in a house in residential area. The site is located on a quiet residential street
in a built up area.   The proposed expansion is not of a scale or character that is appropriate to the
surrounding area and the increase in activity in this quiet residential street would adversely impact on
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neighbouring houses resulting in an overbearing loss of amenity.  The proposal is therefore contrary
to Policy DP1 (i) (a) and (e).  
The proposed extension to the opening hours from 8am-6pm to 7:30am- 6pm is a minor change and. 
Environmental Health have no objection.  The proposed hours would be acceptable on week days in
this location. 
Parking (DP1)   
There is an existing parking area in front of the house and on-street parking is available.  The
Transportation Manager has no objection subject to a condition requiring the existing parking to be
retained throughout the lifetime of the development.  This is in line with the terms of the previous
permission (21/400/APP).  Subject to the suggested condition the proposal would comply with policy
DP1 (ii).   
Recommendation   
This application relates to an established business that provides a highly valued service to its
customers.  However, the site is in a quiet residential area and further expansion of the business in
this location would not be appropriate to the character of the area and would adversely impact on the
amenity of neighbouring houses.  The proposal is contrary to Policy DP1 (i) (a) and (e) and as such is
recommended for refusal.   
REASON(S) FOR DECISION 
The Council's reason(s) for making this decision are:-    
The proposal is contrary to the requirements of policy DP1 (I)(a & e), because: 
       The site is within a quiet residential area and the scale of the proposal would result in a
level of activity in relation to the arrival and departure of children and staff and activity
throughout the day that is not in keeping with the character of the area. 
       There would be an adverse impact on the privacy of neighbouring properties as a result of
the increase in the arrivals and departures of children and staff and increased noise and
activity throughout the day. 
OTHER MATERIAL CONSIDERATIONS TAKEN INTO ACCOUNT 
None 
HISTORY
Reference No. Description 
Increase number of children from 6 to 9 at Child Minding Business at 36
Smith Drive Elgin Moray IV30 4NE 
21/00400/APP Decision Permitted Date Of Decision 28/04/21   
ADVERT
Advert Fee paid? Yes
Local Newspaper Reason for Advert Date of expiry 
Northern Scot Departure from development plan 14/04/22
PINS Departure from development plan 14/04/22 
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DEVELOPER CONTRIBUTIONS (PGU)
Status 
DOCUMENTS, ASSESSMENTS etc. *
* Includes Environmental Statement, Appropriate Assessment, Design Statement, Design and Access Statement, RIA,
TA, NIA, FRA etc
Supporting information submitted with application? YES 
Summary of main issues raised in each statement/assessment/report
Document Name: Supporting Statement 
Main Issues:   Statement of numbers, employees and opening hours.
 Parking and drop off arrangements.
 Employment schemes.
 Need for childcare in Moray. 
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 2) Ref:  22/00400/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 requirements of policy DP1 (I) (a & e), because:
 The site is within a quiet residential area and the scale of the proposal
would result in a level of activity in relation to the arrival and departure of
children and staff and activity throughout the day that is not in keeping
with the character of the area.
 There would be an adverse impact on the privacy of neighbouring
properties as a result of the increase in the arrivals and departures of
children and staff and increased noise and activity throughout the day.
LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT
The following plans and drawings form part of the decision:-
Reference Version Title
Location plan
Site plan
Parking 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
If permission to develop land is refused or granted subject to conditions and the
owner of the land claims that the land has become incapable of reasonably
beneficial use in its existing state and cannot be rendered capable of reasonably
beneficial use by the carrying out of any development which has been or would be
permitted, the owner of the land may serve on the planning authority a purchase
notice requiring the purchase of the owner of the land’s interest in the land in
accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997.
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APPENDIX 2 
NOTICE OF REVIEW,
GROUNDS FOR REVIEW &
SUPPORTING DOCUMENTS
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The Moray Council Council Office High Street Elgin IV30 1BX  Tel: 0300 1234561  Email: development.control@moray.gov.uk
Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid.
Thank you for completing this application form:
ONLINE REFERENCE 100589903-001
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.
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
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: *
Mrs
Dawn
Thirkell Smith Drive
36
IV30 4NE
United Kingdom
Elgin
Little Sparkles
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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
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.
36 SMITH DRIVE
Due to very high demand, Moray Councils Funded hours and a known lack of childcare in Moray, I feel the refusal was an unjust
decision. My setting provides high quality support and care for children and their families. The Armed Forces are now providing 20
hours free childcare per week locally. Elgin currently does not have School, Nursery, or Childminding spaces to satisfy the current
demand. Little Sparkles has the capacity to offer this with the full support of close neighbours.
Moray Council
ELGIN
IV30 4NE
863418 320521
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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)
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? *
Due to very high demand, Moray Councils Funded hours and a known lack of childcare in Moray, I feel the refusal was an unjust
decision. My setting provides high quality support and care for children and their families. The Armed Forces are now providing 20
hours free childcare per week locally. Elgin currently does not have School, Nursery, or Childminding spaces to satisfy the current
demand. Little Sparkles has the capacity to offer this with the full support of close neighbours.
The Armed Forces are now offering 20 hours free childcare to Armed Forces Families. Moray does not have the childcare spaces
to provide this. I have recently engaged with Richarch Lockhead and Sarah Medcalf and they both fully support and endorse my
appeal.  
As per previous comments.
Ref: 22/00400/APP
29/04/2022
15/03/2022
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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.
Declare – Notice of Review
I/We the applicant/agent certify that this is an application for review on the grounds stated.
Declaration Name: Mrs Dawn Thirkell
Declaration Date: 27/07/2022
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