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Agenda Document Pack - Moray Local Review Body - 19/01/2023

Moray Council · 19 January 2023
Back to Moray Local Review Body — 19 January 2023 and its agenda

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Page 1

Moray Local Review Body 
Thursday, 19 January 2023 
NOTICE IS HEREBY GIVEN that a Meeting of the Moray Local Review Body is to
be held at Council Chambers, Council Office, High Street, Elgin, IV30 1BX on
Thursday, 19 January 2023 at 09:30. 
BUSINESS 
1. Sederunt 
2. Declaration of Group Decisions and Members Interests * 
3. Minute of Meeting dated 17 November 2022 5 - 10
4. LR282 - Ward 7 - Elgin City South
Planning Application 21/01686/APP – Change of use of former bakery
to a takeaway restaurant at 212 High Street, Elgin, Moray, IV30 1BA  
11 -
104 
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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GUIDANCE NOTES 
* Declaration of Group Decisions and Members Interests - The Chair of the
meeting shall seek declarations from any individual or political group at the
beginning of a meeting whether any prior decision has been reached on how
the individual or members of the group will vote on any item(s) of business on
the Agenda, and if so on which item(s).  A prior decision shall be one that the
individual or the group deems to be mandatory on the individual or the group
members such that the individual or the group members will be subject to
sanctions should they not vote in accordance with the prior decision.  Any such
prior decisions will be recorded in the Minute of the meeting. 
** Written Questions - Any Member can put one written question about any
relevant and competent business within the specified remits not already on the
agenda, to the Chair provided it is received by the Proper Officer or Committee
Services by 12 noon two working days prior to the day of the meeting.  A copy
of any written answer provided by the Chair will be tabled at the start of the
relevant section of the meeting.  The Member who has put the question may,
after the answer has been given, ask one supplementary question directly
related to the subject matter, but no discussion will be allowed. 
No supplementary question can be put or answered more than 10 minutes after
the Council has started on the relevant item of business, except with the
consent of the Chair. If a Member does not have the opportunity to put a
supplementary question because no time remains, then he or she can submit it
in writing to the Proper Officer who will arrange for a written answer to be
provided within 7 working days. 
*** Question Time - At each ordinary meeting of the Committee ten minutes will be
allowed for Members questions when any Member of the Committee can put a
question to the Chair on any business within the remit of that Section of the
Committee.  The Member who has put the question may, after the answer has
been given, ask one supplementary question directly related to the subject
matter, but no discussion will be allowed. 
No supplementary question can be put or answered more than ten minutes
after the Committee has started on the relevant item of business, except with
the consent of the Chair.  If a Member does not have the opportunity to put a
supplementary question because no time remains, then he/she can submit it in
writing to the proper officer who will arrange for a written answer to be provided
within seven working days. 
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THE MORAY COUNCIL 
Moray Local Review Body 
SEDERUNT 
Councillor Marc Macrae  (Chair)
Councillor Amber Dunbar  (Depute Chair)  
Councillor Neil Cameron  (Member)
Councillor Juli Harris  (Member)
Councillor Sandy Keith  (Member)
Councillor Paul McBain  (Member)
Councillor 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, 17 November 2022 
Council Chambers, Council Office, High Street, Elgin, IV30 1BX 
PRESENT 
Councillor Neil Cameron, Councillor Juli Harris, Councillor Sandy Keith, Councillor
Marc Macrae, Councillor Paul McBain, Councillor Derek Ross, Councillor Sonya
Warren 
APOLOGIES 
Councillor Amber Dunbar 
IN ATTENDANCE 
Ms Webster, Principal Planning Officer (Strategic Planning and Development) and
Mrs Gordon, Planning Officer and Mr Henderson, Planning Officer as Planning
Advisers, Mr Hoath, Senior Solicitor and Ms Smith, Solicitor as Legal Advisers and
Mrs Rowan, Committee Services Officer as Clerk to the Moray Local Review Body.   
1         Chair 
Councillor Macrae, being Chair of the Moray Local Review Body, chaired the
meeting.   
2         Declaration of Group Decisions and Members Interests 
In terms of Standing Order 20 and the Councillor's Code of Conduct, there were no
declarations from Group Leaders or Spokespersons in regard to any prior
decisions taken on how Members will vote on any item on the agenda or any
declarations of Members interests in respect of any item on the agenda.   
3         Minute of Meeting dated 27 September 2022 
The Minute of the meeting dated 27 September 2022 was submitted and
approved. 
4         Notice of Review - Planning Application 22/00400/APP 
Under reference to paragraph 6 of the Minute of the meeting of the Moray Local
Review Body (MLRB) dated 27 September 2022, a report by the Depute Chief
Executive (Economy, Environment and Finance) sought clarification from the
MLRB in relation to a decision taken regarding a Notice of Review application in
respect of Planning Application 22/00400/APP.  
Item 3.
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During his introduction, Mr Hoath, Legal Adviser apologised to the MLRB and the
Appellant for having to seek this clarification in relation to any conditions the MLRB
may have wished to attach to the planning permission in terms of operating hours,
as this should have been clarified at the last meeting of the MLRB.  
Councillor McBain stated that, when the proposal was discussed at the previous
meeting of the MLRB on 27 September 2022, he was of the understanding that the
application would be restricted in this way and that the childminding business
would operate between the hours of 7:30 am and 6:00 pm.  The other members of
the MLRB agreed that this was their understanding also.  
The Chair stated that the Appointed Officer had proposed that the planning
permission include the following condition in relation to opening hours and
standard conditions and informatives from the Transportation Service as follows
and sought the agreement of the MLRB to attach this to the decision notice as it
should have been added to accurately reflect the original decision:  
The business shall operate between 0730 hours and 1800 hours Monday - Friday
only and at no other times except where agreed in writing with the planning
authority in consultation with the environmental health authority when it can be
demonstrated to the satisfaction of the planning authority in consultation with the
environmental health authority that there is an exceptional requirement for
operation outwith the permitted opening hours.    
Reason: In order to ensure that the operation of the business does not
detrimentally impact neighbouring amenity.  
This is in addition to the Transportation condition and informatives:  
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.  
Informatives:  
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.  
This was unanimously agreed.  
Thereafter, the MLRB agreed to apply the following conditions and informatives to
the recently granted planning permission in respect of Planning Application
22/00400/APP:  
The business shall operate between 0730 hours and 1800 hours Monday - Friday
only and at no other times except where agreed in writing with the planning
authority in consultation with the environmental health authority when it can be
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demonstrated to the satisfaction of the planning authority in consultation with the
environmental health authority that there is an exceptional requirement for
operation outwith the permitted opening hours.   
Reason: In order to ensure that the operation of the business does not
detrimentally impact neighbouring amenity. 
This is in addition to the Transportation condition and informatives: 
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. 
Informatives: 
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.    
5         LR277 - Ward 4 - Fochabers and Lhanbryde 
Planning Application 21/01664/PPP – Erect dwellinghouse on site at Stratton
Wood, Fochabers  
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 for a new house on this site would not comply with the siting
requirements of policies DP1 (Development Principles) and DP4 (Rural Housing)
and would result in the permanent loss of woodland which is unacceptable in terms
of policy EP7 (Forestry Woodlands and Trees) and refusal is recommended.  
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 Planning Adviser advised that
she had nothing to raised at this time.  
The Legal Adviser advised that the Applicant had provided new information with
his Notice of Review application in the form of additional photographs of the site,
information in respect of fly tipping in the area and further information relating to
compensatory planting of woodland.  The Legal Adviser sought clarification
from the MLRB as to whether it wished to consider this information, in which case
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consideration should be given as to whether a further procedure should be carried
out in the spirit of fairness, to allow the Appointed Officer to comment on this new
information which would result in the case being deferred until the next meeting of
the MLRB.  
In response, Councillor Warren stated that, having been on the site visit
and having read the paperwork, she was of the view that she had enough
information to make an informed decision.  The other Members of the MLRB
agreed with her.  
Councillor Harris, having considered the case in detail raised concern in relation to
the impact on wildlife, flora and fauna should the development go ahead and
stated that she agreed with the original decision of the Appointed Officer and
moved that the MLRB refuse the appeal and uphold the original decision of the
Appointed Officer as the proposal is contrary to policies DP1 (Development
Principles) , DP4 (Rural Housing) and EP7 (Forestry, Woodlands and Trees) of the
Moray Local Development Plan (MLDP) 2020.  This was seconded by Councillor
Warren. 
Councillor McBain, having considered the case in detail and having visited the site
in question, was of the view that the proposal complied with policy EP7 (Forestry,
Woodlands and Trees) as no tree is being felled in order for the development to
take place.  With regard to policy DP4 (Rural Housing), Councillor McBain was of
the view that the proposal complied with this policy as the house would be
surrounded by trees on 3 sides therefore would have no impact to neighbouring
properties.  In relation to policy DP1 (Development Principles), Councillor McBain
stated that, in his opinion, the proposed design and scale of the house fits within
the conditions of this policy.  Councillor McBain further stated that he was very
familiar with the site having grown up in the area and stated that it was never
woodland and was often used for fly tipping and, in his opinion, the proposed
development would be an improvement to the area.  Taking this into consideration,
Councillor McBain moved that the MLRB uphold the appeal and grant planning
permission in respect of Planning Application 21/01664/PPP as, in his opinion, the
proposal complied with policies DP1 (Development Principles) , DP4 (Rural
Housing) and EP7 (Forestry, Woodlands and Trees) of the MLDP 2020. This was
seconded by Councillor Macrae.
In response, Ms Webster, Planning Adviser advised that the definition of woodland
did not just apply to trees but included the ground, vegetation and soil.  She further
advised that the fact that the area had been used for fly tipping in the past should
not be used as a material consideration when considering the planning application.
On a division there voted:  
For the Motion (5): Councillors Harris, Warren, Cameron, Keith and Ross
For the Amendment (2): Councillors McBain and Macrae
Abstentions (0): Nil  
Accordingly, the Motion became the finding of the Meeting and the MLRB and it
was agreed to refuse the appeal and uphold the original decision of the Appointed
Officer as the proposal is contrary to policies DP1 (Development Principles) , DP4
(Rural Housing) and EP7 (Forestry, Woodlands and Trees) of the MLDP 2020. 
6         LR281 - Ward 5 - Heldon and Laich
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Planning Application 22/00215/APP – Erect dwelling house on land adjacent
to Easter Covesea Cottage, Duffus, Moray  
A request was submitted by the Applicant, seeking a review of the decision of the
Appointed Officer, in terms of the Scheme of Delegation, to refuse planning
permission on the grounds that:  
1. The application proposes a new dwellinghouse on a site within an identified
pressurised and sensitive area where no new housing will be permitted due
to the landscape and visual impacts associated with buildup and is therefore
contrary to policy DP4 - Rural Housing. 
2. A new house on this site would detract from the rural landscape character of
the wider area as the site would not contain sufficient backdrop and
containment and would create ribbon development with the neighbouring
plot (with extant permission for a new house) contrary to the siting criteria
as set by Policy DP4 Rural Housing as well as DP1 Development
Principles. 
3. The site is located within the Burghead to Lossiemouth SLA the proposal for
a house plot would not fall within any of the development categories
permitted under EP3 for a rural location within the SLA and no new housing
is permitted in the open countryside in this SLA therefore the proposal
would be contrary to policy EP3 - Special Landscape Areas.  
A Summary of Information Report set out the reasons for refusal, together with the
documents considered or prepared by the Appointed Officer in respect of the
planning application, in addition to the Notice of Review, Grounds for Review and
supporting documents submitted by the Applicant.  
In response to a question from the Chair as to whether the Legal or Planning
Advisers had any preliminary matters to raise, both the Legal and Planning
Advisers advised that they had nothing to raise at this time.  
The Chair then asked the Moray Local Review Body (MLRB) if it had sufficient
information to determine the request for review.  In response, the MLRB
unanimously agreed that it had sufficient information to determine the case.  
Councillor Cameron, having considered the case in detail, stated that the reasons
for refusal were clear and that the development should not be permitted.  This was
unanimously agreed by the other members of the MLRB.  
The MLRB therefore agreed to refuse the appeal and uphold the original decision
of the Appointed Officer to refuse planning permission in respect of Planning
Application 22/00215/APP as the proposal is contrary to polices DP4 (Rural
Housing), DP1 (Development Principles) and EP3 (Special Landscape Areas) of
the Moray Local Development Plan (MLDP) 2020.     
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MORAY LOCAL REVIEW BODY 
19 JANUARY 2023 
SUMMARY OF INFORMATION FOR CASE No LR282 
Planning Application 21/01686/APP – Change of use of former bakery to a
takeaway restaurant at 212 High Street, Elgin, Moray, IV30 1BA 
Ward 7 – Elgin City South 
Planning permission was refused under the Statutory Scheme of Delegation by the
Appointed Officer on 29 June 2022 on the grounds that: 
The proposal is contrary to the Moray Local Development Plan 2020 because: 
(i) The lack of information in relation to the noise and odour impacts from the
takeaway means it is not possible to assess or appropriately mitigate the
impact of the proposed takeaway on the residential amenity on the existing
and consented residential properties which are adjacent to or adjoin the
site. The application therefore fails to demonstrate that it can be serviced
or controlled in a way that is appropriate to the character of the site and its
immediate residential surrounds. The proposal is therefore contrary to
Policies DP7, DP1, EP14 and EP9.
(ii) The proposal would result in an increase in pedestrian and vehicular
activity at a sensitive location, which cannot be safely accommodated or
mitigated against, and would therefore be likely to give rise to conditions
detrimental to the road safety of road users contrary to Moray Local
Development Plan policies DP1 'Development Principles' section (ii)- 
'Transportation', part 'a)' (safe entry and exit). 
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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El
26.8m
18.9m
19.1m
19.4m
18.2m
25.6m
24.4m
23.7m
11
HIGH
WYND
Sta
SOUTH
Surgery
Duffus Close
239
176
227229
214
187
199
175
181
222
223
224
216
218
80a
203
186188
209
80b
172
164
233
208 204 198
160
210
205 201
206
184
244
178
168
190
182
183
Highfield House
St Michael's
206c
Post
203b
172a
185d
206b
206a
Offices
LADYHILL ROAD
BATCHEN
LANE
NORTHFIELD TERRACE
Bank
CITY
ARMS
CLOSE
House
4 to 10
Centre
5 to 11
12 to 18
103 to 109
232 to 240
152 to 158
213 to 223
189 to 195
Cinema
Car Park
Batchen Lane
Ramp U L C
ULC Car Park
Murdochs Wynd
1
233
Surgery
187
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187
Location plan for Planning Application Reference Number :
21/01686/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 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 100489946-001
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
Refurbishment / upgrading of existing Commercial premises ; (former baker) to a Takeway Restaurant
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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: *
Architectural & Planning
Mrs
Martin
Jen
Archibald
Taylor
Church Road
Church Road
The Old Church
c/o The Old Church
01343870408
IV32 7SR
IV32 7SR
Scotland
Scotland
Moray
Fochabers
Garmouth
Garmouth
martin.archibald@sky.com
Sanus Moor Ltd
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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.
212 HIGH STREET
72.00
Commercial former baker
Moray Council
ELGIN
IV30 1BA
862765 321342
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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.
How many vehicle parking spaces (garaging and open parking) currently exist on the application
Site?
How many vehicle parking spaces (garaging and open parking) do you propose on the site (i.e. the
Total of existing and any new spaces or a reduced number of spaces)? *
Please show on your drawings the position of existing and proposed parking spaces and identify if these are for the use of particular
types of vehicles (e.g. parking for disabled people, coaches, HGV vehicles, cycles spaces).
Water Supply and Drainage Arrangements
Will your proposal require new or altered water supply or drainage arrangements? *  Yes  No
Do your proposals make provision for sustainable drainage of surface water?? *  Yes  No
(e.g. SUDS arrangements) *
Note:-
Please include details of SUDS arrangements on your plans
Selecting ‘No’ to the above question means that you could be in breach of Environmental legislation.
Are you proposing to connect to the public water supply network? *
 Yes
 No, using a private water supply
 No connection required
If No, using a private water supply, please show on plans the supply and all works needed to provide it (on or off site).
Assessment of Flood Risk
Is the site within an area of known risk of flooding? *  Yes  No  Don’t Know
If the site is within an area of known risk of flooding you may need to submit a Flood Risk Assessment before your application can be
determined. You may wish to contact your Planning Authority or SEPA for advice on what information may be required.
Do you think your proposal may increase the flood risk elsewhere? *  Yes  No  Don’t Know
Trees
Are there any trees on or adjacent to the application site? *  Yes  No
If Yes, please mark on your drawings any trees, known protected trees and their canopy spread close to the proposal site and indicate if
any are to be cut back or felled.
Waste Storage and Collection
Do the plans incorporate areas to store and aid the collection of waste (including recycling)? *  Yes  No
0
0
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If Yes or No, please provide further details: * (Max 500 characters)
Residential Units Including Conversion
Does your proposal include new or additional houses and/or flats? *  Yes  No
All Types of Non Housing Development – Proposed New Floorspace
Does your proposal alter or create non-residential floorspace? *  Yes  No
All Types of Non Housing Development – Proposed New Floorspace
Details
For planning permission in principle applications, if you are unaware of the exact proposed floorspace dimensions please provide an
estimate where necessary and provide a fuller explanation in the ‘Don’t Know’ text box below.
Please state the use type and proposed floorspace (or number of rooms if you are proposing a hotel or residential institution): *
Gross (proposed) floorspace (In square meters, sq.m) or number of new (additional)
Rooms (If class 7, 8 or 8a): *
If Class 1, please give details of internal floorspace:
Net trading spaces: Non-trading space:
Total:
If Class ‘Not in a use class’ or ‘Don’t know’ is selected, please give more details: (Max 500 characters)
Schedule 3 Development
Does the proposal involve a form of development listed in Schedule 3 of the Town and Country  Yes  No  Don’t Know
Planning (Development Management Procedure (Scotland) Regulations 2013 *
If yes, your proposal will additionally have to be advertised in a newspaper circulating in the area of the development. Your planning
authority will do this on your behalf but will charge you a fee. Please check the planning authority’s website for advice on the additional
fee and add this to your planning fee.
If you are unsure whether your proposal involves a form of development listed in Schedule 3, please check the Help Text and Guidance
notes before contacting your planning authority.
Planning Service Employee/Elected Member Interest
Is the applicant, or the applicant’s spouse/partner, either a member of staff within the planning service or an  Yes  No
elected member of the planning authority? *
refuse and re-cycling bin store proposed
Class 3 Restaurant/cafe
38
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Certificates and Notices
CERTIFICATE AND NOTICE UNDER REGULATION 15 – TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT
PROCEDURE) (SCOTLAND) REGULATION 2013
One Certificate must be completed and submitted along with the application form. This is most usually Certificate A, Form 1,
Certificate B, Certificate C or Certificate E.
Are you/the applicant the sole owner of ALL the land? *  Yes  No
Is any of the land part of an agricultural holding? *  Yes  No
Certificate Required
The following Land Ownership Certificate is required to complete this section of the proposal:
Certificate A
Land Ownership Certificate
Certificate and Notice under Regulation 15 of the Town and Country Planning (Development Management Procedure) (Scotland)
Regulations 2013
Certificate A
I hereby certify that –
(1) - No person other than myself/the applicant was an owner (Any person who, in respect of any part of the land, is the owner or is the
lessee under a lease thereof of which not less than 7 years remain unexpired.) of any part of the land to which the application relates at
the beginning of the period of 21 days ending with the date of the accompanying application.
(2) - None of the land to which the application relates constitutes or forms part of an agricultural holding
Signed: Martin Archibald
On behalf of: Mrs Jen Taylor
Date: 21/10/2021
 Please tick here to certify this Certificate. *
Checklist – Application for Planning Permission
Town and Country Planning (Scotland) Act 1997
The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013
Please take a few moments to complete the following checklist in order to ensure that you have provided all the necessary information
in support of your application. Failure to submit sufficient information with your application may result in your application being deemed
invalid. The planning authority will not start processing your application until it is valid.
a) If this is a further application where there is a variation of conditions attached to a previous consent, have you provided a statement to
that effect? *
 Yes  No  Not applicable to this application
b) If this is an application for planning permission or planning permission in principal where there is a crown interest in the land, have
you provided a statement to that effect? *
 Yes  No  Not applicable to this application
c) If this is an application for planning permission, planning permission in principle or a further application and the application is for
development belonging to the categories of national or major development (other than one under Section 42 of the planning Act), have
you provided a Pre-Application Consultation Report? *
 Yes  No  Not applicable to this application
Page 22

Page 23

Page 7 of 8
Town and Country Planning (Scotland) Act 1997
The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013
d) If this is an application for planning permission and the application relates to development belonging to the categories of national or
major developments and you do not benefit from exemption under Regulation 13 of The Town and Country Planning (Development
Management Procedure) (Scotland) Regulations 2013, have you provided a Design and Access Statement? *
 Yes  No  Not applicable to this application
e) If this is an application for planning permission and relates to development belonging to the category of local developments (subject
to regulation 13. (2) and (3) of the Development Management Procedure (Scotland) Regulations 2013) have you provided a Design
Statement? *
 Yes  No  Not applicable to this application
f) If your application relates to installation of an antenna to be employed in an electronic communication network, have you provided an
ICNIRP Declaration? *
 Yes  No  Not applicable to this application
g) If this is an application for planning permission, planning permission in principle, an application for approval of matters specified in
conditions or an application for mineral development, have you provided any other plans or drawings as necessary:
 Site Layout Plan or Block plan.
 Elevations.
 Floor plans.
 Cross sections.
 Roof plan.
 Master Plan/Framework Plan.
 Landscape plan.
 Photographs and/or photomontages.
 Other.
If Other, please specify: *  (Max 500 characters)
Provide copies of the following documents if applicable:
A copy of an Environmental Statement. *  Yes  N/A
A Design Statement or Design and Access Statement. *  Yes  N/A
A Flood Risk Assessment. *  Yes  N/A
A Drainage Impact Assessment (including proposals for Sustainable Drainage Systems). *  Yes  N/A
Drainage/SUDS layout. *  Yes  N/A
A Transport Assessment or Travel Plan  Yes  N/A
Contaminated Land Assessment. *  Yes  N/A
Habitat Survey. *  Yes  N/A
A Processing Agreement. *  Yes  N/A
Other Statements (please specify). (Max 500 characters)
Page 23

Page 24

Page 8 of 8
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 Martin Archibald
Declaration Date: 21/10/2021
Page 24

Page 25

Scale
Drawn by
Date
Signed
Drawing No
Projectmartin   
archibald
telephone / fax : 01343  870408
a 
full  & 
comprehensive 
architectural  service
Specialising  
in  
Individual  
House  
design
Extensions
Renovations
Housing
Schemes
Bills of Quantities
Innovative 
designs 
brought to 
life 
with
'virtual reality' models and
tours of your home
martin j archibald
the  
old  
church
architectural  &  
planning  
consultants
Feu
Plans
Conversions
Roads design
Measured
Surveys
Certification
of Building
W
ork   
Production
of Tender Documents &
Contract Management
g a 
r 
m 
o u 
t  h
m o r a y  Iv32 7SR
e.mail:martin.archibald
@
sky.com
c 
copyright
Thunderton 
Place
High 
Street
car  park
north
south
east
west
s
u
n
r
i
s
e
s
u
n
s
e
t
m
i
d
d
a
y
s
u
n
1:200 +
1:1000
February 2021
M
artin Archibald
Martin Archibald
33 : 2021 : 3
location 
plan
view
from
south west car park
site 
plan
Refurbishment / upgrading of existing
Commercial premises ; (former baker) to a
Takeway Restaurant at
212 High Street, Elgin. M
oray. IV30 1BA
for Sanus M
oor Ltd
Page 25

Page 26

Page 26

Page 27

Scale
Drawn by
Date
Signed
Drawing No
Projectmartin   
archibald
telephone / fax : 01343  870408
a 
full  & 
comprehensive 
architectural  service
Specialising  
in  
Individual  
House  
design
Extensions
Renovations
Housing
Schemes
Bills of Quantities
Innovative 
designs 
brought to 
life 
with
'virtual reality' models and
tours of your home
martin j archibald
the  
old  
church
architectural  &  
planning  
consultants
Feu
Plans
Conversions
Roads design
Measured
Surveys
Certification
of Building
W
ork   
Production
of Tender Documents &
Contract Management
g a 
r 
m 
o u 
t  h
m o r a y  Iv32 7SR
e.mail:martin.archibald
@
sky.com
c 
copyright
aa aa
up
st
bathroom
st
kitchen
lounge
bathroom
up
new
opening in existing blockwork
wall; all finishes made good
new
opening in existing blockwork
wall; all finishes made good
new
window
to
existing opening
retain existing stair giving access to
first floor above former bakery; all
finishes made good
Extract Canopy over ducted to
terminal
lounge
display fridge
existing window
opening in block
wall enlarged to form
entrance
doors;  all finishes made good
existing opening; push bar to open
flat plate hob
whb
SERVICE
store
food
preparation
fridge
freezer
fridge
full height shelving / store
fit a stainless steel 37litre
filter grease trap below
kitchen units
waiting
public  
lane
public  pavement
public  pavement
up
kitchen
Fryers
down
down
kitchen
st
down
bedroom
1
bedroom
2
lounge
w st
bathroomhall
bedroom
2
bedroom
2
bedroom
1
bedroom
1
new
opening in existing blockwork
wall, fit new
window; all finishes
made good
fit new
windows in existing opening;
all finishes made good
new
opening in existing blockwork
wall, fit new
window; all finishes
made good
fit new
windows in existing opening;
all finishes made good
fit new
window
in existing opening;
all finishes made good
fit new
windows in existing opening;  all finishes
made good
fit new
windows in existing opening;
all finishes made good
low
level extract, there must be adequate odour control
by
the
use
of 
carbon
filtration,
a
scheme
to
be
submitted
to
the
Environmental
Health
for
consideration, and
to
be
as per the
'guidance
on
the
control of odour and
noise
from
commercial kitchen
exhaust systems' prpared by NETCEN
Noise emissions from
the ventilation
and
extract system
shall
not
exceed
Noise
Rating
Curve 
NR25 
as
measured
inside
the
nearest
noise
sensitive
dwelling
between the hours of 2300 to 0700 hours.
Noise emissions from
the ventilation
and
extract system
shall
not
exceed
Noise
Rating
Curve 
NR35 
as
measured
inside
the
nearest noise
sensitive
dwelling
at
all other times.
Refurbishment / upgrading of existing
Commercial premises ; (former baker) to a
Takeway Restaurant at
212 High Street, Elgin. M
oray. IV30 1BA
for Sanus M
oor Ltd
1:50
February 2021
M
artin Archibald
Martin Archibald
33 : 2021 : 1
floor 
plan
first 
floor 
plan
(approved -  Ref No. 21/00419/APP )
adjacent residential
(approved -  Ref No. 21/00419/APP )
adjacent residential
(approved -  Ref No. 21/00419/APP )
Page 27

Page 28

Page 28

Page 29

Scale
Drawn by
Date
Signed
Drawing No
Projectmartin   
archibald
telephone / fax : 01343  870408
a 
full  & 
comprehensive 
architectural  service
Specialising  
in  
Individual  
House  
design
Extensions
Renovations
Housing
Schemes
Bills of Quantities
Innovative 
designs 
brought to 
life 
with
'virtual reality' models and
tours of your home
martin j archibald
the  
old  
church
architectural  &  
planning  
consultants
Feu
Plans
Conversions
Roads design
Measured
Surveys
Certification
of Building
W
ork   
Production
of Tender Documents &
Contract Management
g a 
r 
m 
o u 
t  h
m o r a y  Iv32 7SR
e.mail:martin.archibald
@
sky.com
c 
copyright
adjacent residential
(approved -  Ref No. 21/00419/APP )
proposal ; commercial unit on ground floor
extract canopy ducted
to new
grille in wall
west elevation within lane
floor level
new
door to existing opening; all
finishes made good
flat 3
entance
commercial; takeaway restaurant
flat 3
inspected and re-newed as required
existing roof members and finish to
be inspected and re-newed as required
nieghbouring 
properties
proposal
nieghbouring 
properties
new
opening in existing blockwork
wall, fit new
ext door; all finishes
made good
existing window
opening in block
wall enlarged to form
entrance
doors;  all finishes made good
new
signage
south 
elevation
floor level
sectional east 
elevation
remove all walls forming former cold
store; all finishes made goodnew
windows including a
timber clad panel to
existing
opening
existing roof members and finish to
be inspected and re-newed as required
existing roof members and finish to
be inspected and re-newed as required
Thunderton Place
new
window
to
existing openings
1:50
February 2021
M
artin Archibald
Martin Archibald
33 : 2021 : 2
Refurbishment / upgrading of existing
Commercial premises ; (former baker) to a
Takeway Restaurant at
212 High Street, Elgin. M
oray. IV30 1BA
for Sanus M
oor Ltd
Page 29

Page 30

Page 30

Page 31

MaRTIN ARCHIBALD 
aRCHITECTURAL  &   PLANNING  CONSULTANTs 
Our Ref: MJA/mja/JT
20th October 2021 
The Moray Council
Development Services
Planning Department
Elgin
Moray
IV30 9BX 
Proposed Refurbishment /upgrading of existing Commercial premises; (former baker)
to a Takeaway Restaurant at 212 High Street, Elgin. Moray. IV30 1BA for Sanus
Moor Ltd
SUPPORTING  STATEMENT
THE   OLD   CHURCH
G  A  R  M  O  U  T   H
M     O     R      A      Y
I V 3 2                7 S R 
Telephone:   (01343)    870408
e.mail: martin.archibald@sky.com     
I refer to the above planning application and would like to include this statement to support our submission. Included are Drawing
numbers
17:2021:1 floor plan showing proposal and adjacent residential units ( approved under 21/00419/APP).
17:2021:2 elevations
21:2021:3 site and location plan along with a perspective view. 
Background
The applicant purchased the building in 1999, which was  ‘Smillies the Bakers’ It operated as Bakers until it was rented out to
Ashers; another Baker in 2007, and they continued to use it until their operations were consolidated elsewhere. It has been empty
since and used for storage. 
A planning application was submitted (21/00419/APP (E)(C)(D) - Moray) and a planning objection was raised by the Transportation
department to the provision of a takeaway as part of the application.   The main objections appear to be the possibility of patrons
parking on the corner while dropping off and picking up as well as delivery of supplies. 
So as not to hold up the residential aspect of the application, the commercial part was removed from the original proposals with the
view to re-applying for it separately. 
The commercial unit is a crucial part of the development for the applicant.  Planning permission been approved for the residential
element and we need to reapply for planning permission for the commercial unit at the rear. 
The Site referred to 
The main part of the existing building was used as a manufacturing bakery from 1927 until around 10 years ago and since then it has
been used as a storage unit.  The more modern extension to the rear of the property was added to the main building in the 1970's
following a compulsory purchase of land and buildings belonging to the owners of the main building, and extending towards South
Street. This compulsory purchase permitted the present development of Batchen Lane and former Rose Nursery (now the existing car
park). 
The new extension formed part of the bakery incorporating an access door towards the rear and opening onto the public footway at
the end of the private lane. This access was used as the entry point for raw material deliveries and the exit point for finished goods
being loaded into company vans for delivery to the company's chain of retail outlets and wholesale customers. It is therefore the case
that the vehicles making both deliveries and distributing finished goods, parked at the rear of the building (not the side as described
in the objection) during the unloading/ loading process for short periods over a period of some 40 years.   
Page 31

Page 32

2 
Our Ref: MJA/mja/JT
20th October 2021 
The Proposal 
Deliveries
It is therefore the case that the vehicles making both deliveries and distributing finished goods, parked at the rear of the building 
during the unloading/ loading process for short periods over a period of some 40 years forms a precedent for this activity at the rear
of the property. The proposal is to re-furbish part of an existing commercial premises. 
Any vehicle parked on Batchen Lane; out with the loading restricted area, does not offer an obstruction to other vehicles accessing
the area; due to the width of the road at this point.  Vehicles parked in this way offer no more of an obstacle or indeed a safety
concern to pedestrians, than similar vehicles seeking to gain delivery access to the various establishments;   Chinese takeaway,
Davidson the Butcher, Birnie Pet Shop, The Badenoch's pub, Qismat Indian restaurant and other commercial properties with
delivery access directly off  Batchen Lane. 
There seems no logical reason why the area immediately behind the former bakery is marked as a 'no loading at any time' area since
other more narrow areas of Batchen Lane bear no such restriction. There is no valid reason to object to deliveries being made from
vehicles parked on the High Street via the private lane to the side of the former bakery. Items normally delivered to outlets of this
nature are not particularly bulky and are delivered in a timely manner; they can use the High Street as all the other commercial
premises do. 
Pedestrian access
Customers using the takeaway would, due to the proximity of Northfield Terrace car park, have unprecedented access to parking not
available to most other takeaway outlets in the centre of Elgin.  This benefit is particularly relevant bearing in mind that a significant
proportion of takeaway business is undertaken in the evening when town centre car parks are free of charge and under-utilised. 
Many takeaway premises in the centre of Elgin open directly onto the public footway of streets carrying through traffic (High Street,
Batchen Street, Commerce Street) the latter two having very narrow pavements, so again the precedent has been set. The public
footway behind the former bakery runs to the end of the private lane and terminates at the rear access to the Qismat restaurant. It is
therefore of little use to pedestrians wishing to travel further and as such is little used. By comparison footways outside takeaway
premises on, for example; Commerce Street have significantly heavier footfall. Due to the very close proximity of the private lane
this offers ample potential as a queuing opportunity. 
The illegal and irresponsible parking on footways is not a planning consideration and ought not therefore to be considered as a
legitimate objection. 
Conclusion
We consider this application to represent a small but greatly needed revitalisation of the central Elgin area, bringing back to use an
underutilised building.  There is ample parking for persons using the takeaway and for the reasons stated above, deliveries does not
present itself as a reason for refusal. 
Martin Archibald ( agent) 
Specialising in Individual  House Designs .  Alterations  .  Extensions  .   Renovations  .  Conversions.
Measured Surveys  .   Feu Plans  .  Bills of Quantities .  Roads Design  .  Inspection &  Certification  of 
Building  Work .  Production of Tender  Documents .  Contract Management  .   Feasibility Studies
A    FULL     AND     COMPREHENSIVE    ARCHITECTURAL     SERVICE 
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Page 33

SW Public
Published
Monday, 01 November 2021 
Local Planner
Development Services
Moray Council
Elgin
IV30 1BX 
Dear Customer, 
212 High Street, Elgin, IV30 1BA
Planning Ref: 21/01686/APP 
Our Ref: DSCAS-0051880-QHT
Proposal: Change of use of former bakery to a takeaway restaurant at 
Please quote our reference in all future correspondence 
Audit of Proposal
Scottish Water has no objection to this planning application; however, the applicant should be
aware that this does not confirm that the proposed development can currently be serviced and
would advise the following: 
Water Capacity Assessment 
Scottish Water has carried out a Capacity review and we can confirm the following: 
 There is currently sufficient capacity in GLENLATTERACH Water Treatment Works to
service your development. However, please note that further investigations may be
required to be carried out once a formal application has been submitted to us. 
Waste Water Capacity Assessment 
 There is currently sufficient capacity for a foul only connection in the MORAY WEST
PFI Waste Water Treatment works to service your development. However, please note
that further investigations may be required to be carried out once a formal application
has been submitted to us. 
Please Note 
 The applicant should be aware that we are unable to reserve capacity at our water
and/or waste water treatment works for their proposed development. Once a formal 
Development Operations
The Bridge
Buchanan Gate Business Park
Cumbernauld Road
Stepps
Glasgow
G33 6FB 
Development Operations
Freephone  Number - 0800 3890379
E-Mail - DevelopmentOperations@scottishwater.co.uk
www.scottishwater.co.uk 
Page 33

Page 34

SW Public
Published
connection application is submitted to Scottish Water after full planning permission has
been granted, we will review the availability of capacity at that time and advise the
applicant accordingly. 
Surface Water 
For reasons of sustainability and to protect our customers from potential future sewer flooding,
Scottish Water will not accept any surface water connections into our combined sewer system. 
There may be limited exceptional circumstances where we would allow such a connection for
brownfield sites only, however this will require significant justification from the customer taking
account of various factors including legal, physical, and technical challenges. 
In order to avoid costs and delays where a surface water discharge to our combined sewer
system is anticipated, the developer should contact Scottish Water at the earliest opportunity
with strong evidence to support the intended drainage plan prior to making a connection
request. We will assess this evidence in a robust manner and provide a decision that reflects
the best option from environmental and customer perspectives. 
General notes: 
 Scottish Water asset plans can be obtained from our appointed asset plan providers: 
 Site Investigation Services (UK) Ltd
 Tel: 0333 123 1223  
 Email: sw@sisplan.co.uk
 www.sisplan.co.uk 
 Scottish Water’s current minimum level of service for water pressure is 1.0 bar or 10m
head at the customer’s boundary internal outlet.  Any property which cannot be
adequately serviced from the available pressure may require private pumping
arrangements to be installed, subject to compliance with Water Byelaws. If the
developer wishes to enquire about Scottish Water’s procedure for checking the water
pressure in the area, then they should write to the Customer Connections department
at the above address. 
 If the connection to the public sewer and/or water main requires to be laid through land
out-with public ownership, the developer must provide evidence of formal approval
from the affected landowner(s) by way of a deed of servitude. 
 Scottish Water may only vest new water or waste water infrastructure which is to be
laid through land out with public ownership where a Deed of Servitude has been
obtained in our favour by the developer. 
 The developer should also be aware that Scottish Water requires land title to the area
of land where a pumping station and/or SUDS proposed to vest in Scottish Water is
constructed. 
Page 34

Page 35

SW Public
Published
 Please find information on how to submit application to Scottish Water at our Customer
Portal. 
Next Steps: 
 All Proposed Developments 
All proposed developments require to submit a Pre-Development Enquiry (PDE) Form
to be submitted directly to Scottish Water via our Customer Portal prior to any formal
Technical Application being submitted. This will allow us to fully appraise the
proposals. 
Where it is confirmed through the PDE process that mitigation works are necessary to
support a development, the cost of these works is to be met by the developer, which
Scottish Water can contribute towards through Reasonable Cost Contribution
regulations. 
 Non Domestic/Commercial Property: 
Since the introduction of the Water Services (Scotland) Act 2005 in April 2008 the
water industry in Scotland has opened to market competition for non-domestic
customers.  All Non-domestic Household customers now require a Licensed Provider
to act on their behalf for new water and waste water connections. Further details can
be obtained at www.scotlandontap.gov.uk 
 Trade Effluent Discharge from Non Dom Property: 
 Certain discharges from non-domestic premises may constitute a trade effluent
in terms of the Sewerage (Scotland) Act 1968.  Trade effluent arises from
activities including; manufacturing, production and engineering; vehicle, plant
and equipment washing, waste and leachate management. It covers both large
and small premises, including activities such as car washing and launderettes.
Activities not covered include hotels, caravan sites or restaurants. 
 If you are in any doubt as to whether the discharge from your premises is likely
to be trade effluent, please contact us on 0800 778 0778 or email
TEQ@scottishwater.co.uk using the subject “Is this Trade Effluent?". 
Discharges that are deemed to be trade effluent need to apply separately for
permission to discharge to the sewerage system.  The forms and application
guidance notes can be found here.
 Trade effluent must never be discharged into surface water drainage systems
as these are solely for draining rainfall run off.
 For food services establishments, Scottish Water recommends a suitably sized
grease trap is fitted within the food preparation areas, so the development
complies with Standard 3.7 a) of the Building Standards Technical Handbook
and for best management and housekeeping practices to be followed which
prevent food waste, fat oil and grease from being disposed into sinks and
drains.
Page 35

Page 36

SW Public
Published
 The Waste (Scotland) Regulations which require all non-rural food businesses,
producing more than 50kg of food waste per week, to segregate that waste for
separate collection. The regulations also ban the use of food waste disposal
units that dispose of food waste to the public sewer. Further information can be
found at www.resourceefficientscotland.com 
I trust the above is acceptable however if you require any further information regarding this
matter please contact me on 0800 389 0379 or via the e-mail address below or at
planningconsultations@scottishwater.co.uk. 
Yours sincerely, 
Pamela Strachan
Development Services Analyst
Tel: 0800 389 0379
planningconsultations@scottishwater.co.uk 
Scottish Water Disclaimer: 
“It is important to note that the information on any such plan provided on Scottish Water’s
infrastructure, is for indicative purposes only and its accuracy cannot be relied upon.  When the
exact location and the nature of the infrastructure on the plan is a material requirement then you
should undertake an appropriate site investigation to confirm its actual position in the ground and
to determine if it is suitable for its intended purpose.  By using the plan you agree that Scottish
Water will not be liable for any loss, damage or costs caused by relying upon it or from carrying
out any such site investigation." 
Page 36

Page 37

Transport Scotland
Roads Directorate
Network Operations - Development Management
Response On Development Affecting Trunk Roads and Special Roads
The Town and Country Planning (Scotland) Act 1997
The Town and Country Planning (Development Management Procedure)
(Scotland) Regulations 2013 S.I.2013 No 155 (S.25)
Town and Country Planning (Notification of Applications) (Scotland) Direction 2009
To Moray Council
Elgin
Council Reference:- 21/01686/APP
TS TRBO Reference:- NE/149/2021
Application made by Sanus Moor Ltd per Martin Archibald, The Old Church Church Road Garmouth Moray IV32 7SR and
received by Transport Scotland on 29 October 2021 for planning permission for change of use of former bakery to a takeaway
restaurant located at 212 High Street Elgin Moray affecting the A96 Trunk Road.
Director, Roads Advice
The Director does not propose to advise against the granting of permission1.
2. The Director advises that planning permission be refused (see overleaf for reasons).
3. The Director advises that the conditions shown overleaf be attached to any permission the council may give
(see overleaf for reasons).
To obtain permission to work within the trunk road boundary, contact the Area Manager through the general contact number
below. The Operating Company has responsibility for co-ordination and supervision of works and after permission has been
granted it is the developer's contractor's responsibility to liaise with the Operating Company during the construction period to
ensure all necessary permissions are obtained.
ü
Operating Company:-
Address:-
Telephone Number:-
e-mail address:-
01738 448600
NEplanningapplications@bearscotland.co.uk
TS Contact:- Area Manager (A96)
0141 272 7100
NORTH EAST
Buchanan House, 58 Port Dundas Road, Glasgow, G4 0HF
Bear House, Inveralmond Road, Inveralmond Industrial Estate, PERTH, PH1 3TW
Page 1 of 2Page 37

Page 38

Transport Scotland Response Date:- 08-Nov-2021
Roads - Development Management
Buchanan House, 58 Port Dundas Road, Glasgow, G4 0HF
Telephone Number:
e-mail: development_management@transport.gov.scot
Transport Scotland Contact:-
Transport Scotland Contact Details:-
Iain Clement
NB - Planning etc. (Scotland) Act 2006
Planning Authorities are requested to provide Transport Scotland, Roads Directorate, Network Operations - Development Management with a copy of the
decision notice, and notify Transport Scotland, Trunk Roads Network Management Directorate if the recommended advice is not accepted.
Page 2 of 2Page 38

Page 39

Consultation Request Notification 
Planning Authority Name Moray Council
Response Date  12th November 2021
Planning Authority
Reference
21/01686/APP
Nature of Proposal
(Description)
Change of use of former bakery to a takeaway
restaurant at
Site 212 High Street
Elgin
Moray
IV30 1BA 
Site Postcode N/A
Site Gazetteer UPRN 000133000629
Proposal Location Easting 321342
Proposal Location Northing 862765
Area of application site (M2) 72
Additional Comment 
Development Hierarchy
Level
LOCAL
Supporting Documentation
URL
https://publicaccess.moray.gov.uk/eplanning/ce
ntralDistribution.do?caseType=Application&ke
yVal=R1D833BGIZS00
Previous Application 21/00419/APP
01/00698/FUL 
Date of Consultation 29th October 2021
Is this a re-consultation of
an existing application?
No
Applicant Name Sanus Moor Ltd
Applicant Organisation
Name 
Applicant Address Per Agent
Agent Name Martin Archibald
Agent Organisation Name 
Agent Address
The Old Church
Church Road
Garmouth
Moray
IV32 7SR
Agent Phone Number 
Agent Email Address N/A
Case Officer Shona Strachan
Case Officer Phone number 01343 563303
Case Officer email address shona.strachan@moray.gov.uk
PA Response To consultation.planning@moray.gov.uk 
NOTE:
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:   Aberdeenshire Council Archaeology Service 
Planning Application Ref. No: 21/01686/APP
Change of use of former bakery to a takeaway restaurant at 212 High Street Elgin Moray
IV30 1BA for Sanus Moor Ltd 
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…11/11/21…………..
email address:
archaeology@aberdeenshire.gov.uk
Phone No  …01467 537717
Consultee: Archaeology service 
Return response to  consultation.planning@moray.gov.uk 
Please note that information about the application including consultation responses and
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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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Consultation Request Notification 
Planning Authority Name Moray Council
Response Date  12th November 2021
Planning Authority
Reference
21/01686/APP
Nature of Proposal
(Description)
Change of use of former bakery to a takeaway
restaurant at
Site 212 High Street
Elgin
Moray
IV30 1BA 
Site Postcode N/A
Site Gazetteer UPRN 000133000629
Proposal Location Easting 321342
Proposal Location Northing 862765
Area of application site (M2) 72
Additional Comment 
Development Hierarchy
Level
LOCAL
Supporting Documentation
URL
https://publicaccess.moray.gov.uk/eplanning/ce
ntralDistribution.do?caseType=Application&ke
yVal=R1D833BGIZS00
Previous Application 21/00419/APP
01/00698/FUL 
Date of Consultation 29th October 2021
Is this a re-consultation of
an existing application?
No
Applicant Name Sanus Moor Ltd
Applicant Organisation
Name 
Applicant Address Per Agent
Agent Name Martin Archibald
Agent Organisation Name 
Agent Address
The Old Church
Church Road
Garmouth
Moray
IV32 7SR
Agent Phone Number 
Agent Email Address N/A
Case Officer Shona Strachan
Case Officer Phone number 01343 563303
Case Officer email address shona.strachan@moray.gov.uk
PA Response To consultation.planning@moray.gov.uk 
NOTE:
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
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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: 21/01686/APP
Change of use of former bakery to a takeaway restaurant at 212 High Street Elgin Moray
IV30 1BA for Sanus Moor Ltd 
I have the following comments to make on the application:-  
Please 
(a) I OBJECT to the application for the reason(s) as stated below  x
(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 

This proposal is for the conversion of former baker to a takeaway. No parking presently
exists or is proposed. However the site sits within Elgin Town Centre and is therefore
subject to ‘The Moray Council Town Centre Zero parking provision’. A public Car Park is
located immediately adjacent to the south, and with others available nearby. 
The proposal includes the formation of two new door openings directly onto the U171E
Batchen Lane. 
The existing footway located adjacent to the site within Batchen Lane is narrow and
already subject to a high number of pedestrian movements due to the close proximity to a
public car park, and residential parking adjacent. Customers entering and exiting the
takeaway via the new entrance doorway (or queuing outside) would increase the
likelihood of pedestrians having to step onto the carriageway to pass each other. This
would not be acceptable. There also does not appear to be scope to contain waste bins
within the site (with presentation on collection day only), with waste bins also impacting
upon the available footway with. 
There are waiting restrictions present within Batchen Lane, including loading restrictions.
Any unauthorised loading to the side of the building would not only obstruct access to the
residential units adjacent to the west and also likely require the vehicle to undertake a
reversing manoeuvre at a location where a high number of pedestrians may be present,
and further exacerbated by the narrow footway width and subsequent intensification of
use as a result of the proposed development itself. Again this would not be acceptable.
The access from the lane onto High Street is very narrow and would be likely to prevent all
but the smallest of goods being delivered via a vehicle parked on the High Street. The
lane is also subject to a very uneven surface with drainage channels present which would
make manoeuvring trolleys difficult. However even if improvements could be provided to
the lane (eg widen the frontage onto the High Street/ improve surfacing) the High Street
itself is narrow, with waiting restrictions present, and with limited on street parking
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available nearby. Any vehicle stopped on the carriageway loading or unloading goods
would obstruct other vehicles trying to pass. Delivery vehicles would not be permitted to
park over the public footway. Therefore servicing the site from the High Street would not
appear to be a viable option for deliveries associated with this proposal. Similarly there is
a ‘communal’ Loading bay available within Batchen Lane. However as it is located over
110m away from the site, it would also not be considered as a viable location for deliveries
associated with this proposal. Although customer and staff parking could be undertaken
with thin the Moray Council Car Park immediately adjacent, under the regulations for the
Car Parking Order deliveries could not be undertaken from the car park. 
This section of Batchen Lane is already subject to a number of complaints from adjacent
residents and businesses due to access to their properties and vehicle parking being
obstructed by illegally/ or inappropriately parked vehicles, including vehicles parking over
the footway (including within the High Street adjacent). Although these are primarily police
enforcement matters Transportation would not support any proposal which would be likely
to exacerbate any existing problems at this sensitive location. 
On the basis that there is inadequate provision for queuing or waiting within the adjacent
footway, and that deliveries associated with the proposed development at this time cannot
be safely facilitated, Transportation would not support the proposed new take-away.
Reason(s) for objection
Transportation considers that the proposal, if permitted, would result in an increase in
pedestrian and vehicular activity at a sensitive location, which cannot be safely
accommodated or mitigated against, and would therefore be likely to give rise to
conditions detrimental to the road safety of road users contrary to Moray Local
Development Plan policies DP1 ‘Development Principles’ section (ii)- ‘Transportation’, part
‘a)’ (safe entry and exit)
Further comment(s) to be passed to applicant
In order for Transportation to Support the proposed takeaway, the existing footway would
require to be widened to accommodate the additional commercial footfall and waiting
associated with the take-away, along with measures put in place to facilitate the safe
delivery of goods. 
The attached sketch ‘21-01686-APP Sketch showing footway improvements’ has been
prepared to highlight one suggested option, with deliveries undertaken from the closest,
safe, available location to the site (approximately 50m to the south within Batchen Lane.
The option would require the provision of a new 2.0m footway from a delivery area, and
with widening and alterations to the existing footway at the building entrance, with drop
kerbs at each crossing point. It should be highlighted that these works would be subject to
Roads Construction Consent, and all costs associated with the works would be borne by
the applicant. It should also be highlighted that the formation of the new footway down
from the loading area would be likely to require the removal of existing trees due to the
changes to level differences possibly resulting in exposure of the tree roots. 
Contact: AG Date 30 November 2021
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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PROHIBITED FOR THE USE WITH PLANNING APPLICATIONS
Reproduced from the Ordnance Survey map with the permission of the Controller of Her Majesty's Stationary Office Crown Copyright 2021 The Moray Council  100023422
Scale: 1:250 @ A3
a Moray Council Map
O
Map Description: a Description of a Moray Council Map
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From: Tracey Dickieson <Tracey.Dickieson@moray.gov.uk>
Sent: 12 Apr 2022 08:51:10
To: DMSMyEmail@moray.gov.uk
Cc:
Subject: FW: 21/01686/APP 212 High Street Elgin Moray
Attachments:  
From: Douglas Caldwell <Douglas.Caldwell@moray.gov.uk>
Sent: 08 April 2022 16:27
To: Planning Consultation <consultation.planning@moray.gov.uk>
Cc: Shona Strachan <Shona.Strachan@moray.gov.uk>
Subject: 21/01686/APP 212 High Street Elgin Moray  
Please find below this Section’s objection to the above application –  
The application has been considered in respect of Local Plan Policy EP 14. This policy confirms the need for detailed assessments
where significant noise and odour emissions are likely. The ventilation extraction proposed is in very close proximity to dwellings
and therefore necessitates a detailed Noise Impact Assessment and Odour Impact Assessment to be provided. For further
clarification,  the Noise Impact Assessment (NIA) by a noise consultant should seek to assess the level of significance of all noise
sources having regard to PAN1/2011 and the associated Technical Assessment of Noise (TAN), in particular the NIA should:-
1.            Measure pre-existing ambient noise levels and describe and predict noise levels arising from the development.
2.            Establish criteria for assessing the impact of the noise on its surroundings;
3.            Outline measures available to reduce noise impact to acceptable levels.  
An Odour Impact Assessment is required to be carried out by a ventilation engineer or other competent person in terms of the
EMAQ document “The Control of Odour and Noise from Commercial Kitchen Exhaust Systems, dated 5th September 2018”.
Assessments have not been submitted by the agent to address these significant aspects of odour and noise and accordingly does
not meet with Local Plan Policy EP 14 and forms the basis of this Sections objection.  
This Section also has concerns that noise and odour emissions arising from the development may give rise to a Statutory Nuisance
in terms of the Environmental Protection Act 1990 and is a further basis for our objection.     
Douglas A Caldwell MIOA| Environmental Health Officer  | Economic Growth and
Development.
Working pattern – compressed hours Monday, Tuesday, Thursday, Friday
douglas.caldwell@moray.gov.uk | website | facebook | twitter | News page
01343 563355 | 
 
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Comments for Planning Application 21/01686/APP
Application Summary
Application Number: 21/01686/APP
Address: 212 High Street Elgin Moray IV30 1BA
Proposal: Change of use of former bakery to a takeaway restaurant at
Case Officer: Shona Strachan
Customer Details
Name:
Address
Comment Details
Commenter Type: Neighbour
Stance: Customer objects to the Planning Application
Comment Reasons:
- Litter
- Parking
- Precedent
- Road access
- Road safety
- Smell
- Traffic
Comment:The location of this on Thunderton place and Batchen Lane and could place a burden
on local residents parking. There are no allowances in the planning request for an area of parking
or waiting for members of the public to collect their orders. Because of this current residents could
be impacted by patrons blocking access and impeding traffic as they collect their order. This was
previously included in a planning application and was withdrawn as problems of traffic and parking
were highlighted. There does not appear to be any additions to this plan to address this. If
approved this could also increase the amount of litter in the area and an increase in smell from
food waste and cooking.
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Comments for Planning Application 21/01686/APP
Application Summary
Application Number: 21/01686/APP
Address: 212 High Street Elgin Moray IV30 1BA
Proposal: Change of use of former bakery to a takeaway restaurant at
Case Officer: Shona Strachan
Customer Details
Name:
Address:
Comment Details
Commenter Type: Neighbour
Stance: Customer objects to the Planning Application
Comment Reasons:
- Noise
- Parking
- Poor design
- Road safety
- Smell
- Traffic
Comment:Busy area already. Will be very smelly and noisy and there is not enough parking
spaces as it is.
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REPORT OF HANDLING 
Ref No: 21/01686/APP Officer: Shona Strachan
Proposal
Description/
Address  
Change of use of former bakery to a takeaway restaurant at 212 High Street Elgin
Moray IV30 1BA
Date: 23.06.2022 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 
Scottish Water 01/11/21 No objection subject to Scottish Water Pre-
Development Enquiry Process. 
Transport Scotland 08/11/21 No objection in relation to proximity of Trunk
Road Network.  
Aberdeenshire Council Archaeology
Service
11/11/21 No objection.
Environmental Health Manager 08/04/22 Objection: insufficient information in relation
to the proposed extraction/ventilation and
their noise and odour impacts which is
required under Policy EP14.  
Transportation Manager 30/11/21 Objection: the increase in pedestrian and
vehicular activity at a sensitive location,
which cannot be safely accommodated or
mitigated against,  would give rise to
conditions detrimental to the road safety of
road users contrary to Moray Local
Development Plan policies DP1
‘Development Principles’ section (ii)-
‘Transportation’, part ‘a)’ (safe entry and
exit).   
DEVELOPMENT PLAN POLICY
Policies Dep Any Comments 
(or refer to Observations below)
DP1 Development Principles Y See observations
EP14 Pollution Contamination Hazards Y 
DP7 Retail/Town Centres Y 
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Page 2 of 8
EP9 Conservation Areas Y 
REPRESENTATIONS
Representations Received YES 
Total number of representations received:  TWO
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: Parking, Road Access, Road Safety, Traffic.    
The location of this on Thunderton Place and Batchen Lane could place a burden on local residents
parking. There are no allowances in the planning request for an area of parking or waiting for
members of the public to collect their orders. Because of this current residents could be impacted by
patrons blocking access and impeding traffic as they collect their order. This was previously included
in a planning application and was withdrawn as problems of traffic and parking were highlighted.
There does not appear to be any additions to this plan to address this.    
Comments (PO): The Transportation Consult response recognises that the site sits within Elgin
Town Centre and is therefore subject to 'The Moray Council Town Centre Zero parking provision' and
there is a public car park in close proximity of the site.   
However, Transportation's analysis confirms there is inadequate provision for queuing or waiting
within the adjacent footway to accommodate the proposal which includes two new door openings
directly onto the U171E Batchen Lane and that deliveries associated with the proposed development
cannot at this time be safely facilitated without providing improved access arrangements to
accommodate the additional commercial footfall and deliveries associated with this intensified use.    
Transportation has objected to the proposal because the proposal would result in an increase in
pedestrian and vehicular activity at a sensitive location which cannot be safely accommodated or
mitigated against and would therefore be likely to give rise to conditions detrimental to the road safety
of road users contrary to Moray Local Development Plan policies DP1 'Development Principles'
section (ii) 'Transportation', part 'a)' (safe entry and exit).   
Issue: Smell and food waste: If approved the takeaway would increase the smell from food waste
and cooking. 
Comments (PO):  Environmental Health has raised lack of sufficient and appropriate
extraction/ventilation and an assessment of the related noise and odour impacts as objection matters
on this application as such this will form one of the reasons for refusal of the application.   
OBSERVATIONS – ASSESSMENT OF PROPOSAL 
Legislative Requirements  
Section 25 of the 1997 Act as amended requires applications to be determined in accordance with
the development plan i.e. the adopted Moray Local Development Plan 2020 (MLDP) unless material
considerations indicate otherwise. The main planning issues are considered below:     
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Page 3 of 8
Proposal 
Planning permission is sought for the change of use of former bakery to a takeaway restaurant at 212
High Street.  The application applies to the ground floor of the rear modern addition to 212 High
Street which fronts onto Batchen Lane.   The existing use of this part of the building is as a store.    
The middle span of the building as well as the first floor of the rear modern extension of 212 High
Street was recently granted planning permission for conversion to 3 apartments under application
reference 21/00419/APP (consent dated 30 August 2021).   This means that one of the approved
apartments would be directly above the proposed takeaway and another apartment would adjoin to
the north.   
No information has been provided on the type of food that would be prepared or the hours of
operation of the premises. The application proposes an "extract canopy ducted to new grille in wall"
for extraction purposes for the takeaway to be located on the western elevation in very close
proximity to the existing residential property and also immediately below, and, adjacent to the
recently consented residential uses at 212 High Street but no information in relation to noise and
odour has been submitted as part of the application.      
A supporting statement has been submitted as part of the application submission which seeks to
address Transportations concerns in relation to deliveries and pedestrian access to the site.   
Site  
As noted previously, the application site relates to the modern rear store of the existing building at
212 High Street.  This part of the building fronts onto Batchen Lane.  The site is adjacent to
residential properties.  The properties adjacent to the east have dormer windows which sit in very
close proximity of the roof of the site and the residential properties to the west are separated from the
site by a narrow lane. As noted, the consent recently issued under 21/00419/APP (consent dated 30
August 2021) means that one of the approved apartments would be directly above the proposed
takeaway and another apartment would adjoin to the north.  This means that there are residential
uses (existing and consented) either adjoining the site or in extremely close proximity.   Other land
uses in the vicinity of the site include public car parking and commercial uses.   
The site is located in the defined Town Centre of Elgin (but outwith the Core Retail Area) and the
Elgin Town Centre Conservation Area.    
Background 
Application 21/00419/APP which was for conversion to 3 apartments at 212 High Street initially
included the proposed takeaway element.  However, it was subsequently removed from the proposal
because of the objections from Environmental Health and Transportation which set out detailed
reasons for objection and the matters that needed to be addressed to overcome the objections.  It
such cases (withdraw and resubmit) the norm is for any future application to fully resolve previously
identified objections.                        
Policy Assessment  
Site and Design Impact of the Development - Policies (DP7, DP1, EP14 and EP9) 
Policy DP7 Part (a) is focused on town centres and advises that proposals must be appropriate to the
scale, character and role of the town centre. 
Policy DP1 which applies to all proposals advises that applicants will be required to provide impact
assessments on a range of matters including noise and air quality in order to determine the impact of
the proposal and provide mitigation to address these impacts.  This policy also requires proposals to
be of a scale, density and character which is appropriate to the surrounding area.   
Policy EP14 advises that development proposals which would cause significant air and noise
pollution must be accompanied by a detailed assessment report on the levels, character and
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Page 4 of 8
transmission of potential pollution with measures to mitigate impacts.  Where significant or
unacceptable impacts cannot be mitigated, proposals will be refused.   
Policy EP9 requires all development within a conservation area to preserve and enhance the
established traditional character of the area.   
This application proposes a takeaway premises at a location in which there are residential uses
(existing and consented) either adjoining the site or in extremely close proximity; this means that the
potential for detrimental residential amenity impact is significant.  The application proposes an
"extract canopy ducted to new grille in wall" for extraction purposes to be positioned on the western
elevation in very close proximity to the existing residential property and also immediately below and
adjacent to the recently consented residential uses at 212 High Street.  Given the extremely close
proximity of existing and consented residential properties, there is a need to assess and mitigate any
noise and odour impacts arising from the takeaway as the risk of detrimental residential amenity
impact is significant.   
The consultation process with Environmental Health sought to clarify a number of matters in relation
to the use proposed, including confirmation on the proposed hours of operation and the type of food
to be prepared.  The need for detailed assessment on the noise and odour impacts arising from the
proposed extraction upon the existing and consented residential uses was also identified.   
No such information has been provided and whilst the applicant/agent did moot a potential change in
location and type of extraction to a flue to be located on the east elevation, Environmental Health
confirmed that the potential for amenity impacts remained very high given the adjacent residential
properties and the very close proximity of the neighbouring dormer windows, Environmental Health
also confirmed that the need for detailed assessment would remain.  It was also confirmed by the
planning officer that any change in location/type of extraction would be a material change to the
proposal and would require a fresh application this was not pursued.      
The finalised consultation response from Environmental Health confirmed the need for detailed
assessments given that significant noise and odour emissions are likely to arise.   The ventilation
extraction proposed is in extremely close proximity to dwellings (existing and proposed) and therefore
necessitates detailed Noise Impact Assessment and Odour Impact Assessment to be provided. 
Noting that the assessments had not been provided the response concluded as an objection from the
Environmental Health Section. 
Given the extremely close proximity of the takeaway to existing and consented residential properties
which are adjacent to or adjoin the site; the risk of detrimental residential amenity impacts from the
noise and odour arising from the takeaway is significant.  Unfortunately, the lack of information in
relation to the noise and odour from the takeaway means it is not possible to assess or appropriately
mitigate the impact of the proposal on these residential properties.  The application therefore fails to
demonstrate that it can be serviced or controlled in a way that is appropriate to the character of the
site and its immediate residential surrounds.  The proposal is therefore contrary to Policies DP7,
DP1, EP14 and EP9.   
Access Requirements - Policy DP1 and EP9 
Transport Scotland has raised no objection to the proposal in relation to proximity of Trunk Road
Network.   
The Council's Transportation Section has objected to the proposal on access grounds and their
consultation response provides the following detailed analysis:   
No parking presently exists or is proposed. However the site sits within Elgin Town Centre and is
therefore subject to 'The Moray Council Town Centre Zero parking provision'. A public Car Park is
located immediately adjacent to the south, and with others available nearby.  
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Page 5 of 8  
The proposal includes the formation of two new door openings directly onto the U171E Batchen
Lane. 
The existing footway located adjacent to the site within Batchen Lane is narrow and already subject
to a high number of pedestrian movements due to the close proximity to a public car park, and
residential parking adjacent. Customers entering and exiting the takeaway via the new entrance
doorway (or queuing outside) would increase the likelihood of pedestrians having to step onto the
carriageway to pass each other. This would not be acceptable. There also does not appear to be
scope to contain waste bins within the site (with presentation on collection day only), with waste bins
also impacting upon the available footway with. 
There are waiting restrictions present within Batchen Lane, including loading restrictions. Any
unauthorised loading to the side of the building would not only obstruct access to the residential units
adjacent to the west and also likely require the vehicle to undertake a reversing manoeuvre at a
location where a high number of pedestrians may be present, and further exacerbated by the narrow
footway width and subsequent intensification of use as a result of the proposed development itself.
Again this would not be acceptable. The access from the lane onto High Street is very narrow and
would be likely to prevent all but the smallest of goods being delivered via a vehicle parked on the
High Street. The lane is also subject to a very uneven surface with drainage channels present which
would make manoeuvring trolleys difficult. However even if improvements could be provided to the
lane (eg widen the frontage onto the High Street/ improve surfacing) the High Street itself is narrow,
with waiting restrictions present, and with limited on street parking available nearby. Any vehicle
stopped on the carriageway loading or unloading goods would obstruct other vehicles trying to pass.
Delivery vehicles would not be permitted to park over the public footway. Therefore servicing the site
from the High Street would not appear to be a viable option for deliveries associated with this
proposal. Similarly there is a 'communal' Loading bay available within Batchen Lane. However as it is
located over 110m away from the site, it would also not be considered as a viable location for
deliveries associated with this proposal. Although customer and staff parking could be undertaken
with thin the Moray Council Car Park immediately adjacent, under the regulations for the Car Parking
Order deliveries could not be undertaken from the car park. 
This section of Batchen Lane is already subject to a number of complaints from adjacent residents
and businesses due to access to their properties and vehicle parking being obstructed by illegally/ or
inappropriately parked vehicles, including vehicles parking over the footway (including within the High
Street adjacent).   Although these are primarily police enforcement matters Transportation would not
support any proposal which would be likely to exacerbate any existing problems at this sensitive
location.  It is further noted that public representation has been made on this application detailing the
existing access constraints.   
On the basis that there is inadequate provision for queuing or waiting within the adjacent footway,
and that deliveries associated with the proposed development at this time cannot be safely facilitated,
Transportation would not support the proposed takeaway use as proposed.   
In order to address these concerns and to provide assistance to the applicant Transportation
identified possible access upgrades which would entail widening the footway to accommodate
additional commercial footfall and waiting associated with the take-away, along with measures put in
place to facilitate the safe delivery of goods (as shown on sketch '21-01686-APP Sketch) showing
footway improvements' which forms part of the Transportation Consultation Response. 
Transportation did identify in their response that this suggestion would likely to require the removal of
existing trees due to the changes to level differences possibly resulting in exposure of the tree roots. 
With this in mind the Planning Officer confirmed that trees that trees in the Conservation Area are
protected and may be subject to Tree Preservation Order if necessary which means that while the
option suggested by Transportation might meet Transportation requirements it may contravene other
equally applicable planning policy and legislative requirements.  It was confirmed by the Planning
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Page 6 of 8
Officer should this suggestion be pursued a tree survey carried out in accordance with BS 5837:
2012, by a suitably qualified arborist  would need to be carried out on any trees impacted by the
access proposal so that the impact of the proposal on the existing trees could be fully assessed.  This
proposal was not pursued and no other access upgrades have been put forward by the
applicant/agent.   
Given the existing access constraints and in the absence of any proposed mitigation/upgrade
proposals; Transportation considers that the proposal, if permitted, would result in an increase in
pedestrian and vehicular activity at a sensitive location, which cannot be safely accommodated or
mitigated against, and would therefore be likely to give rise to conditions detrimental to the road
safety of road users contrary to Moray Local Development Plan policies DP1 'Development
Principles' section (ii) 'Transportation', part 'a)' (safe entry and exit).   
Conclusion and Recommendation 
Following consideration of the material considerations in the case inclusive of the detailed
consultations responses from the Council's Environmental Health and Transportation Sections, it is
concluded that: there is a lack of information to assess or control the noise and odour impacts of the
takeaway on the existing and consented residential properties which are adjacent to or adjoin the
site.  Further, the increased pedestrian and vehicular activity at this sensitive location would give rise
to conditions detrimental to the road safety of road users.  The proposal therefore fails to comply with
local plan requirements and the application is therefore refused.   
OTHER MATERIAL CONSIDERATIONS TAKEN INTO ACCOUNT 
None 
HISTORY
Reference No. Description 
Conversion of former baker to 3 residential units at 
212 High Street Elgin Moray IV30 1BA 
21/00419/APP Decision Permitted Date Of Decision 30/08/21   
Erect a shop window canopy at 212 High Street Elgin Moray IV30 1BA 
01/00698/FUL Decision Permitted Date Of Decision 03/08/01   
ADVERT
Advert Fee paid? Yes
Local Newspaper Reason for Advert Date of expiry 
Northern Scot
Planning application affecting
LB/CA
Development specified in
Schedule 3
25/11/21
PINS Planning application affecting
LB/CA
Development specified in
Schedule 3
25/11/21 
DEVELOPER CONTRIBUTIONS (PGU)
Status N/A 
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Page 7 of 8 
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:  Provides comments in support of the application and seeks to address
Transportations concerns in relation to deliveries and pedestrian access, noting: 
“Deliveries: It is therefore the case that the vehicles making both deliveries and
distributing finished goods, parked at the rear of the building during the
unloading/ loading process for short periods over a period of some 40 years
forms a precedent for this activity at the rear of the property. The proposal is to
re-furbish part of an existing commercial premises. Any vehicle parked on
Batchen Lane; out with the loading restricted area, does not offer an obstruction
to other vehicles accessing the area; due to the width of the road at this point.
Vehicles parked in this way offer no more of an obstacle or indeed a safety
concern to pedestrians, than similar vehicles seeking to gain delivery access to
the various establishments; Chinese takeaway, Davidson the Butcher, Birnie Pet
Shop, The Badenoch's pub, Qismat Indian restaurant and other commercial
properties with delivery access directly off Batchen Lane.
There seems no logical reason why the area immediately behind the former
bakery is marked as a 'no loading at any time' area since other more narrow
areas of Batchen Lane bear no such restriction. There is no valid reason to
object to deliveries being made from vehicles parked on the High Street via the
private lane to the side of the former bakery. Items normally delivered to outlets
of this nature are not particularly bulky and are delivered in a timely manner;
they can use the High Street as all the other commercial premises do”. 
“Pedestrian Access: Customers using the takeaway would, due to the proximity
of Northfield Terrace car park, have unprecedented access to parking not
available to most other takeaway outlets in the centre of Elgin. This benefit is
particularly relevant bearing in mind that a significant proportion of takeaway
business is undertaken in the evening when town centre car parks are free of
charge and under-utilised. Many takeaway premises in the centre of Elgin open
directly onto the public footway of streets carrying through traffic (High Street,
Batchen Street, Commerce Street) the latter two having very narrow pavements,
so again the precedent has been set. The public footway behind the former
bakery runs to the end of the private lane and terminates at the rear access to
the Qismat restaurant. It is therefore of little use to pedestrians wishing to travel
further and as such is little used. By comparison footways outside takeaway
premises on, for example; Commerce Street have significantly heavier footfall.
Due to the very close proximity of the private lane this offers ample potential as
a queuing opportunity. The illegal and irresponsible parking on footways is not a
planning consideration and ought not therefore to be considered as a legitimate
objection.” 
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Page 8 of 8
S.75 AGREEMENT
Application subject to S.75 Agreement  NO
Summary of terms of agreement:   
Location where terms or summary of terms can be inspected:   
DIRECTION(S) MADE BY SCOTTISH MINISTERS (under DMR2008 Regs)
Section 30 Relating to EIA  NO
Section 31 Requiring planning authority to provide information
and restrict grant of planning permission  NO
Section 32 Requiring planning authority to consider the imposition
of planning conditions  NO
Summary of Direction(s)   
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(Page 2 of 3) Ref:  21/01686/APP
IMPORTANT
YOUR ATTENTION IS DRAWN TO THE REASONS and NOTES BELOW
SCHEDULE OF REASON(S) FOR REFUSAL
By this Notice, Moray Council has REFUSED this proposal.  The Council’s reason(s)
for this decision are as follows: -
The proposal is contrary to the Moray Local Development Plan 2020 because:
(i) The lack of information in relation to the noise and odour impacts from the
takeaway means it is not possible to assess or appropriately mitigate the
impact of the proposed takeaway on the residential amenity on the
existing and consented residential properties which are adjacent to or
adjoin the site.  The application therefore fails to demonstrate that it can
be serviced or controlled in a way that is appropriate to the character of
the site and its immediate residential surrounds.  The proposal is therefore
contrary to Policies DP7, DP1, EP14 and EP9.
(ii) The proposal would result in an increase in pedestrian and vehicular
activity at a sensitive location, which cannot be safely accommodated or
mitigated against, and would therefore be likely to give rise to conditions
detrimental to the road safety of road users contrary to Moray Local
Development Plan policies DP1 'Development Principles' section (ii)-
'Transportation', part 'a)' (safe entry and exit).
The proposal therefore fails to comply with the requirements of the Moray Local
Development Plan 2020 and the application is therefore refused.
LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT
The following plans and drawings form part of the decision:-
Reference Version Title
33:2021:3 Site and location plan
33:2021:1 Floor plan
33:2021:2 Elevations
NOTICE OF APPEAL
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997
If the applicant is aggrieved by the decision to refuse permission for or approval
required by a condition in respect of the proposed development, or to grant
permission or approval subject to conditions, the applicant may require the planning
authority to review the case under section 43A of the Town and Country Planning
(Scotland) Act 1997 within three months from the date of this notice.  The notice of
review should be addressed to The Clerk, Moray Council Local Review Body, Legal
and Committee Services, Council Offices, High Street, Elgin IV30 1BX.  This form is
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(Page 3 of 3) Ref:  21/01686/APP
also available and can be submitted online or downloaded from
www.eplanning.scotland.gov.uk
If permission to develop land is refused or granted subject to conditions and the
owner of the land claims that the land has become incapable of reasonably
beneficial use in its existing state and cannot be rendered capable of reasonably
beneficial use by the carrying out of any development which has been or would be
permitted, the owner of the land may serve on the planning authority a purchase
notice requiring the purchase of the owner of the land’s interest in the land in
accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997.
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APPENDIX 2 
NOTICE OF REVIEW,
GROUNDS FOR REVIEW &
SUPPORTING DOCUMENTS
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Page 1 of 5
The Moray Council Council Office High Street Elgin IV30 1BX  Tel: 0300 1234561  Email: development.control@moray.gov.uk
Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid.
Thank you for completing this application form:
ONLINE REFERENCE 100489946-002
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
Architectural & Planning
Martin
Archibald
South Erradale
Thistle Crofts
07710 243008
IV21 2AU
Scotland
Wester Ross
Gairloch
martin.archibald@sky.com
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Page 2 of 5
Applicant Details
Please enter Applicant details
Title: You must enter a Building Name or Number, or both: *
Other Title: Building Name:
First Name: * Building Number:
Address 1
Last Name: * (Street): *
Company/Organisation Address 2:
Telephone Number: * Town/City: *
Extension Number: Country: *
Mobile Number: Postcode: *
Fax Number:
Email Address: *
Site Address Details
Planning Authority:
Full postal address of the site (including postcode where available):
Address 1: 
Address 2:
Address 3:
Address 4:
Address 5:
Town/City/Settlement:
Post Code:
Please identify/describe the location of the site or sites
Northing Easting
Mrs
212 HIGH STREET
Jen
Moray Council
Taylor Auchtercairn
1
ELGIN
IV30 1BA
IV21 2BH
Scotland
862765
Wester Ross
321342
Gairloch
j123ennifer@gmail.com
Sanus Morr Ltd
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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)
Change of use of former bakery to a takeaway restaurant at 212 High Street Elgin Moray IV30 1BA
Appeal statement attached
the position of an existing extract terminal is included.  We have also shown a layout for the extract system, however this is all
internal and does not require planning approval in itself
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Page 4 of 5
Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend
to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters)
Application Details
Please provide the application reference no. given to you by your planning
authority for your previous application.
What date was the application submitted to the planning authority? *
What date was the decision issued by the planning authority? *
Review Procedure
The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review
process require that further information or representations be made to enable them to determine the review. Further information may be
required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or
inspecting the land which is the subject of the review case.
Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other
parties only,  without any further procedures? For example, written submission, hearing session, site inspection. *
 Yes   No
In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion:
Can the site be clearly seen from a road or public land? *  Yes   No
Is it possible for the site to be accessed safely and without barriers to entry? *  Yes    No
Checklist – Application for Notice of Review
Please complete the following checklist to make sure  you have provided all the necessary information in support of your appeal. Failure
to submit all this  information may result in your appeal  being deemed invalid.
Have you provided the name and address of the applicant?.  *  Yes   No
Have you provided the date and reference number of the application which is the subject of this  Yes   No
review? *
If you are the agent, acting on behalf of the applicant, have you provided details of your name  Yes   No   N/A
and address and indicated whether any notice or correspondence required in connection with the
review should be sent to you or the applicant? *
Have you provided a statement setting out your reasons for requiring a review and by what  Yes   No
procedure (or combination of procedures) you wish the review to be conducted? *
Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider
require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review
at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely
on and wish the Local Review Body to consider as part of your review.
Please attach a copy of all documents, material and evidence which you intend to rely on  Yes   No
(e.g. plans and Drawings) which are now the subject of this review *
Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a
planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the
application reference number, approved plans and decision notice (if any) from the earlier consent.
appeal statement - MJA/mja/JT/SM   23rd Sept 2022 floor plans - 33 : 2021 : 1c elevations - 33 : 2021 : 2a site plan - 33 : 2021 : 3
extract layout from specialist extract specification - 
21/01686/APP
29/06/2022
21/10/2021
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Declare – Notice of Review
I/We the applicant/agent certify that this is an application for review on the grounds stated.
Declaration Name: Mr Martin Archibald
Declaration Date: 27/09/2022
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Martin   Archibald
Architectural & planning  consultants 
telephone- 07710 243008
email - martin.archibald@sky.com 
Thistle Crofts - 20/21 South Erradale 
Gairloch - Wester Ross - Iv21 2AU
Our Ref: MJA/mja/JT/SM
Your Ref: 21/01686/APP 
23rd  September  2022 
The Moray Council 
Planning Department
Council Office
High Street
Elgin
Moray
IV30 1BX 
Submission to The Review Body via the ePlanning online Portal 
Proposed Refurbishment /upgrading of existing Commercial premises; (former baker) to a Takeaway
Restaurant at 212 High Street, Elgin. Moray. IV30 1BA for Sanus Moor Ltd 
I refer to the above proposal which was refused Planning permission on the 29th June 2022. 
We wish to make a formal appeal to the Review Body and list our comments below. 
BACKGROUND
A formal planning application was submitted to the Moray Council on the 22nd October 2021. The application proposal is to refurbish
an existing bakery to a smaller takeaway unit; this may be anything from a Donut shop to a Mexican takeaway, and at this stage it is
unknown. 
The bakery opened in 1927 and the current rear section of which the subject of the planning application forms part, operated from the
site since the 1970’s.  Latterly, with 4 retails shops to service, it operated on a significantly larger scale in terms of the delivery of raw
materials, packaging etc than that which would be undertaken by the current proposal. Trading took place until 2010, and since then,
the premises have been under-utilised for storage.  The flatted development to the immediate west was built before the bakery ceased
to operate.  There has been no additional relevant development in the vicinity since then, with the exception of the addition of a
loading bay on Thunderton Place in 2013. 
The premises are and always have been commercial in nature. Part of these premises have recently gained planning approval to convert
into 3 small residential units; 1 above and 2 to the north, separated by an access stair.   
Other commercial premises operate in the same vicinity, receiving deliveries on a regular basis. 
During the period the application was under consideration; further details / notes were incorporated to the proposals and submitted to
planning and Environmental Health to address various points raised. We note that the refusal documents contained the original
submissions and not some of the updated ones.  I have added an Existing extract terminal on to the plans for the review and stress we
feel that this is acceptable; this was omitted as we understood it would not be required; however it is Existing. 
Reasons for refusal;
1.  The lack of information in relation to the noise and odour impacts from the takeaway means it is not possible to assess or
appropriately mitigate the impact of the proposed takeaway on the residential amenity on the existing and consented residential
properties which are adjacent to or adjoin the site. The application therefore fails to demonstrate that it can be serviced or controlled
in a way that is appropriate to the character of the site and its immediate residential surrounds. The proposal is therefore contrary to
Policies DP7, DP1, EP14 and EP9. 
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2 
Submission to The Review Body via the ePlanning online Portal
23rd  September  2022 
DP7 Retail/Town centres;
Developments likely to attract significant footfall including retail, offices, leisure, entertainment/cultural and community facilities must
be located in town centres. 
Within Core Retail Areas (identified on settlement maps, CRA), at ground level, only development for Use Class 1 Shops, Use Class 2
Financial, professional and other services, or Use Class 3 Food and drink will be supported. Above ground floor level residential use
will, in principle, be supported as an appropriate use. 
Proposals must be appropriate to the scale, character and role of the town centre (Table 6) and support a mix of uses within the town
centre. Proposals that would lead to a concentration of a particular use to the detriment of the town’s vitality and viability will not be
supported. 
DP1 development Principles
This policy applies to all development, including extensions and conversions and will be applied reasonably taking into account the
nature and scale of a proposal and individual circumstances. 
The Council will require applicants to provide impact assessments in order to determine the impact of a proposal. Applicants may be
asked to determine the impacts upon the environment, transport network, town centres, noise, air quality, landscape, trees, flood risk,
protected habitats and species, contaminated land, built heritage and archaeology and provide mitigation to address these impacts. 
Development proposals will be supported if they conform to the relevant Local Development Plan policies, proposals and additional
guidance, meet the following criteria and address their individual and cumulative impacts: 
EP14 Pollution, Contamination & Hazards 
Pollution
Development proposals which may cause significant air, water, soil, light or noise pollution or exacerbate existing issues must be
accompanied by a detailed assessment report on the levels, character and transmission of the potential pollution with measures to
mitigate impacts. Where significant or unacceptable impacts cannot be mitigated, proposals will be refused. 
Contamination 
Development proposals on potentially contaminated land will be approved where they comply with other relevant policies and; 
i)The applicant can demonstrate through site investigations and risk assessment, that the site is in a condition suitable for the proposed
development and is not causing significant pollution of the environment; and 
ii)Where necessary, effective remediation measures are agreed to ensure the site is made suitable for the new use and to ensure
appropriate disposal and/ or treatment of any hazardous material. 
Hazardous sites 
Development proposals must avoid and not impact upon hazardous sites or result in public safety concerns due to proximity or use in
the vicinity of hazardous sites. 
EP9 Conservation areas.
All development within a conservation area must preserve and enhance the established traditional character or appearance of the area.
New development as well as alterations or other redevelopment will be refused if it adversely affects the character and appearance of
the conservation area in terms of scale, height, massing, colour, materials and siting. This will typically require the use of traditional
materials and styles to be used. Contemporary designs and materials can be acceptable and have a positive effect on the conservation
area if the material finishes and design respect the architectural authenticity of the building and character of the conservation area. 
Development proposals involving the demolition of buildings within a Conservation Area will be refused unless the building is of
limited townscape value, its structural condition rules out retention at a reasonable cost, or its form or location makes it’s re-use
extremely difficult. The demolition of a building for redevelopment will only be considered where there are acceptable proposals and it
can be demonstrated that a new building will preserve and enhance the character of the conservation area. 
Appeal Response; 
a. The application meets policy DP7; The building is located in the town centre, its last use was a bakery which is being reduced in
size and is located on the ground floor only. 
b. The application clearly meets policy DP1; which refers mainly to design; The building is existing with its last use being a bakery, it
has existing an existing extract terminal that will be made good for the proposed extract system. 
c. The application complies with policy EP14 with regards Pollution, Contamination and hazardous sites;   The following notes were
submitted with the planning application which we felt at the time, covered any concerns Environmental Health may have and covered
these policies; 
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3 
Submission to The Review Body via the ePlanning online Portal
23rd  September  2022 
i. Noise emissions from the ventilation and extract system shall not exceed Noise Rating Curve  NR25  as measured inside the nearest
noise sensitive dwelling between the hours of 2300 to 0700 hours.  
ii. Noise emissions from the ventilation and extract system shall not exceed Noise Rating Curve  NR35  as measured inside the nearest
noise sensitive dwelling at all other times. 
iii. There must be adequate odour control by the use of carbon filtration, a scheme to be submitted to the Environmental Health for
consideration, and to be as per the 'guidance on the control of odour and noise from commercial kitchen exhaust systems' prepared by
NETCEN 
The extract systems is a relatively specialist trade; unfortunately, in addition to these notes; environmental health asked for a detailed
design of the system. Seeking a specialist to come up with a detailed design and specification and submitting in time was not provided
by the agent. Not withstanding this; we now have a scheme designed and specified to meet the approval of the Environmental Health
Department which satisfies all policies. What we have allowed for is for the most onerous case.  It must be further noted that the
termination point is existing. 
In the Agents experience; these notes provided would normally be suffice to gain Planning Approval. Subject to gaining approval, it is
not at this stage known exactly what type of food is going to be provided; a sandwich shop, coffee and cakes, fish and chips or Chinese
cuisine. For example; if it ends up a take-away for coffee and sandwiches/cakes, the extract system now designed will not be required. 
I would respectfully suggest it is far simpler to include the generic notes ensuring all meets Planning approval and policies; Thereafter,
a detailed layout and specification would then be produced, submitted and approved by the Environmental Health Department at the
Building Warrant stage as well as certified at the completion certificate stage; Thus ensuring these policies already highlighted on the
submission drawings if approved, were fulfilled.  This would have been normal procedure so as the applicant does not incur
unnecessary expenditure, particularly given the reasons for refusal set out in number 2. 
d. The application clearly meets policy EP9 Conservation areas; this again refers mainly to design. The Building is existing and we do
not propose any major alterations to it; it will therefore clearly be conserved and refurbished. Its last use was a bakery and the new use
will not adversely affect the character; use or appearance of the building at all. The remaining parts of the building have already gained
Planning permission previously for residential use. 
Reasons for refusal;
2. The proposal would result in an increase in pedestrian and vehicular activity at a sensitive location, which cannot be safely
accommodated or mitigated against, and would therefore be likely to give rise to conditions detrimental to the road safety of road
users contrary to Moray Local Development Plan policies DP1 'Development Principles' section (ii)- 'Transportation', part 'a)' (safe
entry and exit). 
DP1 development Principles’ section (ii) transportation part ‘a’ (safe entry and exit);
a) Proposals must provide safe entry and exit from the development, including the appropriate number and type of junctions, maximise
connections and routes for pedestrians and cyclists, including links to active travel and core path routes, reduce travel demands and
ensure appropriate visibility for all road users at junctions and bends. Road, cycling, footpath and public transport connections and
infrastructure must be provided at a level appropriate to the development and connect people to education, employment, recreation,
health, community and retail facilities. 
Appeal Response; 
We understand that the application would have been recommended for approval, had the applicant agreed to additional work in
upgrading the infrastructure on the west side of Batchen Lane leading from South Street to the proposal.  Namely constructing new
footpaths and enlarging the existing footpath adjacent to the proposal. ( see appendix 1) 
It was also brought to our attention that these works would impact on the existing trees between the car park and Batchen lane and the
suggested mitigation is that any trees impacted the proposal would have to be the subject of a tree survey carried out in accordance
with BS 5837: 2012, by a suitably qualified arborist, and consist of a schedule and scale plan containing a range of information about
each tree about on, or bordering, the site.   It was also highlighted that trees in the Conservation Area are protected and may be subject
to Tree Preservation Order if necessary which means that while the option suggested by Transportation might meet Transportation
requirements it may contravene other equally applicable planning policy and legislative requirements. 
With agreeing to these works; the Roads authority would have withdrew their objection. We assume therefore that had these footpaths
been proposed; this would have demonstrated in the eyes of the roads Authority; that the establishment would have deemed to have
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4 
Submission to The Review Body via the ePlanning online Portal
23rd  September  2022 
This is a significant amount of work on public infrastructure that the applicant was asked to commit too, which seems to be out of
proportion with the scale of the proposal and not actually necessary. 
The works requested by the roads authority to enable their objection to be withdrawn, was only the addition of footpaths and widening
the existing footpath; this would not improve road users with vehicles on the infrequent occasion where deliveries were being made; I
would suggest that the widening of the existing footpath would actually have a detrimental effect on road users; narrowing the road at
this corner. Importantly; this suggests that they have no issue with deliveries. 
Patrons using the proposal
Pedestrian customers have multiple access routes from the High Street, South Street, Thunderton Place and Northfield Terrace. 
The vast majority of customers are likely to approach from the east or west via Thunderton Place; where there are public footpaths or
from the High Street via Thunderton Place or one of the several Closes coming off the High Street.   
It is unusual in Moray to have takeaway establishments with a large amount of parking facilities.  I understand that the council owned
car parks are underutilized in Elgin, particularly in the evenings, and there are 2 car parks available; Northfield Terrace car park at all
times and Batchen Lane multi Story car park through the day. The proposal is fortunate to have these available.
Driving customers will have these car parks adjacent and parking along Thunderton Place or on the High Street. 
Conclusion; It is clear therefore that the existing infrastructure provides adequate safe entry and exit from the proposal from all routes,
pedestrian and vehicular and therefore complies with this policy. 
Deliveries to the proposal
As previously pointed out;  the works requested by the roads authority to enable their objection to be withdrawn was only the addition
of footpaths and widening the existing footpath.  This would not affect deliveries; this suggests that they have no issue with deliveries. 
However it is reiterated that the building referred to in this proposal is an existing bakery and therefore its existing use is commercial.
Deliveries to the rear of the premises were undertaken by the bakery for many years. The previous loading arrangements were 2 vans
picking up and dropping off goods, multiple times a day starting at 6am, servicing 4 shops; and large-scale wholesale deliveries. 
When not in use, the bakery vans were permanently parked in the parking area in front of the flats.  The applicant could in theory go
back to this level of use which is far more onerous than now proposed; a small take-away unit. The bakery was in use when both the
car park and the nearby flatted developments were already in existence. 
There are a number of other commercial premises along Thunderton Place which currently receive deliveries to the rear via
Thunderton Place;  Qismat Tandoori Restaurant, Birnies pet shop, Thunderton House, The Granary, The Whitehorse, Badenoch’s,
Emporium, Scribbles, the China Town takeaway etc.  Other commercial premises in the vicinity receive deliveries to the High Street;
Kombucha café, the Northern Chip Shop and also Qismat.  When Qismat receive deliveries at the front (see Appendix 2) they are often
transported along a lane which is 1.1m wide.  The Roads Department raised a concern about deliveries along the wider lane to the
immediate west of the premises, which we do not believe is a legitimate concern. 
It should be noted that there is indiscriminate parking along Batchen lane and Thunderton Place as well as the existing footpaths being
utilised for bin stores ( see appendix 3,4 and 5)  It seems peculiar that the council are asking for additional footpaths to be installed so
patrons can access and exit the premises safely (from a direction that would be rarely used) while the existing footpaths that are far
more likely to be used, have refuse waste bins on them.  It is presumed that the council bin lorry which empties these bins parks on the
double yellow lines opposite the parked cars (loading and unloading only) (see Appendix 4), as could deliveries to other premises and
the application in question. 
Given that the planning application is very much in accordance with the Elgin Town Centre Masterplan - a mixed residential and
commercial development by an independent small business of under-utilised or vacant town centre premises to create a vibrant town
centre, it should have been be approved.   
Martin Archibald ( agent) 
Specialising in Individual  House Design  -  Alterations  -  Extensions  -   Renovations  -  Conversions Measured Surveys  -   Feu Plans  -  Bills of Quantities  -  Roads
Design  -  Inspection &  Certification  of  Building  Work  -  Production of Tender  Documents  -  Contract Management  -   Feasibility Studies
A    FULL     AND     COMPREHENSIVE    ARCHITECTURAL     SERVICE Page 78

Page 79

5 
Submission to The Review Body via the ePlanning online Portal
23rd  September 2022 
Appendix 1 
Page 79

Page 80

6 
Submission to The Review Body via the ePlanning online Portal
23rd  September 2022 
Appendix 2 
Page 80

Page 81

7
Appendix 3 
Submission to The Review Body via the ePlanning online Portal
23rd  September 2022 
Appendix 4 
Appendix 5 
Page 81

Page 82

Scale
Drawn by
Date
Signed
Drawing No
Projectmartin   
archibald
telephone / fax : 01343  870408
a 
full  & 
comprehensive 
architectural  service
Specialising  
in  
Individual  
House  
design
Extensions
Renovations
Housing
Schemes
Bills of Quantities
Innovative 
designs 
brought to 
life 
with
'virtual reality' models and
tours of your home
martin j archibald
the  
old  
church
architectural  &  
planning  
consultants
Feu
Plans
Conversions
Roads design
Measured
Surveys
Certification
of Building
W
ork   
Production
of Tender Documents &
Contract Management
g a 
r 
m 
o u 
t  h
m o r a y  Iv32 7SR
e.mail:martin.archibald
@
sky.com
c 
copyright
3,474
aa aa
up
st
bathroom
st
kitchen
lounge
bathroom
up
new
opening in existing blockwork
wall; all finishes made good
new
opening in existing blockwork
wall; all finishes made good
new
window
to
existing opening
retain existing stair giving access to
first floor above former bakery; all
finishes made good
Extract Canopy over ducted to
terminal
lounge
display fridge
existing window
opening in block
wall enlarged to form
entrance
doors;  all finishes made good
existing opening; push bar to open
flat plate hob
whb
SERVICE
store
food
preparation
fridge
freezer
fridge
full height shelving / store
fit a stainless steel 37litre
filter grease trap below
kitchen units
waiting
public  
lane
public  pavement
public  pavement
up
kitchen
re-cycling bins
770 litre
refuse bin
Fryers
down
down
kitchen
st
down
bedroom
1
bedroom
2
lounge
w st
bathroomhall
bedroom
2
bedroom
2
bedroom
1
bedroom
1
new
opening in existing blockwork
wall, fit new
window; all finishes
made good
fit new
windows in existing opening;
all finishes made good
new
opening in existing blockwork
wall, fit new
window; all finishes
made good
fit new
windows in existing opening;
all finishes made good
fit new
window
in existing opening;
all finishes made good
fit new
windows in existing opening;  all finishes
made good
fit new
windows in existing opening;
all finishes made good
low
level extract, there must be adequate odour control
by
the
use
of 
carbon
filtration,
a
scheme
to
be
submitted
to
the
Environmental
Health
for
consideration, and
to
be
as per the
'guidance
on
the
control of odour and
noise
from
commercial kitchen
exhaust systems' prpared by NETCEN
Noise emissions from
the ventilation
and
extract system
shall
not
exceed
Noise
Rating
Curve 
NR25 
as
measured
inside
the
nearest
noise
sensitive
dwelling
between the hours of 2300 to 0700 hours.
Noise emissions from
the ventilation
and
extract system
shall
not
exceed
Noise
Rating
Curve 
NR35 
as
measured
inside
the
nearest noise
sensitive
dwelling
at
all other times.
Refurbishment / upgrading of existing
Commercial premises ; (former baker) to a
Takeway Restaurant at
212 High Street, Elgin. M
oray. IV30 1BA
for Sanus M
oor Ltd
1:50
February 2021
M
artin Archibald
Martin Archibald
33 : 2021 : 1
floor 
plan
first 
floor 
plan
(approved -  Ref No. 21/00419/APP )
adjacent residential
(approved -  Ref No. 21/00419/APP )
adjacent residential
(approved -  Ref No. 21/00419/APP )
Page 82

Page 83

Scale
Drawn by
Date
Signed
Drawing No
Projectmartin   
archibald
telephone / fax : 01343  870408
a 
full  & 
comprehensive 
architectural  service
Specialising  
in  
Individual  
House  
design
Extensions
Renovations
Housing
Schemes
Bills of Quantities
Innovative 
designs 
brought to 
life 
with
'virtual reality' models and
tours of your home
martin j archibald
the  
old  
church
architectural  &  
planning  
consultants
Feu
Plans
Conversions
Roads design
Measured
Surveys
Certification
of Building
W
ork   
Production
of Tender Documents &
Contract Management
g a 
r 
m 
o u 
t  h
m o r a y  Iv32 7SR
e.mail:martin.archibald
@
sky.com
c 
copyright
Thunderton 
Place
High 
Street
car  park
north
south
east
west
s
u
n
r
i
s
e
s
u
n
s
e
t
m
i
d
d
a
y
s
u
n
1:200 +
1:1000
February 2021
M
artin Archibald
Martin Archibald
33 : 2021 : 3
location 
plan
view
from
south west car park
site 
plan
Refurbishment / upgrading of existing
Commercial premises ; (former baker) to a
Takeway Restaurant at
212 High Street, Elgin. M
oray. IV30 1BA
for Sanus M
oor Ltd
Page 83

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Page 84

Page 85

APPENDIX 3 
FURTHER REPRESENTATIONS
FROM INTERESTED PARTIES
Page 85

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Page 87

Nicola Moss – Transportation Manager 
ENVIRONMENTAL SERVICES
Diane Anderson
Senior Engineer
PO Box 6760
Elgin, Moray IV30 9BX 
Chief Legal Officer
Per Ms L Rowan
Committee Services
The Moray Council
High Street
ELGIN  
IV30 1BX 
Telephone: 01343 563782
Fax: 01343 563990
email: diane.anderson@moray.gov.uk
Website: www.moray.gov.uk 
Our reference: LR/LRB282                       
Your reference: LR282 
07 December 2022 
Dear Madam 
TOWN AND COUNTRY PLANNING (SCHEMES OF DELEGATION AND LOCAL
REVIEW PROCEDURE) (SCOTLAND) REGULATIONS 2008 
REQUEST FOR REVIEW: PLANNING APPLICATION 21/01686/APP CHANGE OF USE OF FORMER
BAKERY TO A TAKEAWAY RESTAURANT AT 212 HIGH STREET ELGIN 
I refer to your email dated 28th November 2022. 
I respond on behalf of the Transportation Manager with respect to our observations on the
applicant’s grounds for seeking a review of the planning authority’s decision to refuse the
above planning application. 
Transportation has reviewed the appellant’s grounds for review and the associated
documents, and submits the attached representation with associated documents in
response. 
Yours faithfully 
Diane Anderson
Senior Engineer
Page 87

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Page 89

Local Review
LRB Ref 282
Planning Application Reference 21/01686/APP Change of use of former bakery to a
takeaway restaurant at 212 High Street Elgin
LRB Case 282 Page 1 
Response from Transportation, Moray Council 
1. This document is in response to the Notice of Review and the Statement of Case
submitted by Sanus Moor Ltd and sets out observations by Transportation on the
application and the grounds for seeking a review. 
2. This review concerns planning application 21/01686/APP Change of use of part
of a former bakery to a takeaway restaurant at 212 High Street Elgin. 
3. Transportation received the consultation for planning application 21/01686/APP
on 29th October 2021.  A copy of Transportations consultation response dated
30th November 2021 is attached (TMC01). 
4. This proposal was originally submitted as part of a larger overall redevelopment
which incorporated a change of use of part of the former bakers to 3no residential
apartments plus the formation of a new take-away to rear. Following on objection
by Transportation the applicant submitted revised proposals under a re-
consultation for the same planning reference which removed the takeaway
element from the application (21/00419/APP). The subsequently submitted
revised proposal for the change of use to 3no residential apartments was not
objected to by Transportation and subsequently consented on 30th August 2021 
5. It should also be highlighted that another part of the former bakery building (the
original shop fronting onto the High Street) has already been converted and
presently operates as a nail studio.
6. The proposed takeaway restaurant is to be accessed via a new pedestrian door
opening onto the U171E Batchen Lane (along with the formation of a new door
adjacent to the ‘store’ area). The original customer access to the bakers was via
the High Street. 
7. There are waiting restrictions present within Batchen Lane, including specific
loading restrictions, meaning that deliveries to the takeaway could not be
facilitated from the adjacent roadside..
8. Similarly there are also waiting restrictions present within the High Street (which
is subject to a one way traffic system).
9. No off street parking is presently available for proposed for the development
(including for the consented apartments). However a public Pay and Display car
park (Northfield Terrace car park) is located in close proximity to the proposed
takeaway, and with others nearby. 
10. Whilst there is a public car park adjacent, the Car Park Order does not permit any
parking associated with commercial development, meaning that whilst staff could
park within it, the car park could not be utilised as a loading bay for the takeaway.
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Local Review
LRB Ref 282
Planning Application Reference 21/01686/APP Change of use of former bakery to a
takeaway restaurant at 212 High Street Elgin
LRB Case 282 Page 2 
11. The proposal, including the formation of a new pedestrian entrance to the rear via
Batchen Lane is considered to be likely to result in an increase in pedestrian
activity when compared to the existing situation. The existing footway adjacent is
narrow and already subject to high numbers of passing pedestrians, primarily due
to the close proximity to the public car park. 
12.  As a result of the increased activity associated with the takeaway (customers
entering and exiting the building, or queuing outside), it would be considered
likely to increase the likelihood of pedestrians having to step onto the
carriageway to pass each other, potentially into the path of a passing vehicle.
13. Due to the presence of waiting/ loading restrictions outside, any unauthorised
parking or loading to the side of the building would not only be likely to obstruct
vehicular access to the residential units, or refuse collection vehicles adjacent to
the west but also likely require the vehicle to undertake an unsuitable reversing
manoeuvre (at a location where a high number of pedestrians may be present).
Any risk would be further exacerbated by the narrow footway width and
subsequent intensification of use by pedestrians as a result of the proposed
development itself. 
14. The Waiting/ Loading Restrictions within Batchen lane were approved by the
Economic Development and Infrastructure Services Committee dated 29th
October 2010. 
15. Access from the site onto the C39E High Street is via a very narrow private lane
which would be likely to prevent all but the smallest of goods being delivered via
a vehicle parked on the High Street. The lane is also subject to a very uneven
surface with drainage channels present which would make manoeuvring trolleys
difficult.
16. High Street itself is also narrow, with waiting restrictions present, and with limited
on street parking available nearby. Any vehicle stopped on the carriageway
loading or unloading goods would obstruct other vehicles trying to pass. Delivery
vehicles would not be permitted to park over the public footway. The nearest
loading bay within the High Street is located approximately 140m away. 
17. Similarly there is a communal Loading bay available within Batchen Lane.
However, again it is located approximately 110m away and with no direct, and
continuous footway provision to the site.
18. At the time of the application it was not clear as to where the bins associated with
the takeaway would be stored, and potentially therefore creating an obstruction to
pedestrians, particularly as a result of the existing narrow footway provision, and
loss of storage areas due to the development of the residential apartments. It
should be highlighted that the drawing submitted to support the Local Review
differs slightly to the previously submitted details (reference “33:2021:1”) in that it
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Local Review
LRB Ref 282
Planning Application Reference 21/01686/APP Change of use of former bakery to a
takeaway restaurant at 212 High Street Elgin
LRB Case 282 Page 3 
now shows waste bins located within and outside the ‘store’ area whereas the
bins were not previously shown.
19. At this location there is already a history of obstruction related complaints from
adjacent residents/ businesses relating to inappropriate parking or driver
behaviour. This proposal without the interventions sought by Transportation
would be considered likely to exacerbate any existing issues.
20. In order to try and address the pedestrian accessibility constraints, as well as the
appropriate servicing of the site for deliveries Transportation provided the
applicant with suggested improvement works (TMC 03). This included alterations
to the existing junction immediately opposite to widen the footway, and improve
pedestrian crossing arrangements (visibility, new drop kerbs etc), as well as a
separate suggested loading area, provided by a new section of footway (to
ensure that the cages etc could be transferred safely between the site and the
new loading area) 
21. To date the applicant has not submitted any proposals which aim to resolve
either of the two key issues/concerns; namely improvements to existing
pedestrian access arrangements, and measures to ensure that the site may be
safely and lawfully serviced. 
22. Transportation respectfully, requests that the MLRB to uphold the decision by the
appointed officer.  In particular on the grounds that Transportation considers that
the proposal, if permitted, would result in an increase in pedestrian and vehicular
activity at a sensitive location which would be likely to give rise to conditions
detrimental to the road safety of road users contrary to Moray Local Development
Plan policies DP1 ‘Development Principles’ section (ii)- ‘Transportation’, part ‘a)’
(safe entry and exit) 
Transportation xx December 2022 
Documents
TMC01 Transportation Consultation Response dated 30 November 2021 
TMC02  Site photos
TMC03 Transportation sketch showing suggested infrastructure improvements 
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Consultation Request Notification 
Planning Authority Name Moray Council
Response Date  12th November 2021
Planning Authority
Reference
21/01686/APP
Nature of Proposal
(Description)
Change of use of former bakery to a takeaway
restaurant at
Site 212 High Street
Elgin
Moray
IV30 1BA 
Site Postcode N/A
Site Gazetteer UPRN 000133000629
Proposal Location Easting 321342
Proposal Location Northing 862765
Area of application site (M2) 72
Additional Comment 
Development Hierarchy
Level
LOCAL
Supporting Documentation
URL
https://publicaccess.moray.gov.uk/eplanning/ce
ntralDistribution.do?caseType=Application&ke
yVal=R1D833BGIZS00
Previous Application 21/00419/APP
01/00698/FUL 
Date of Consultation 29th October 2021
Is this a re-consultation of
an existing application?
No
Applicant Name Sanus Moor Ltd
Applicant Organisation
Name 
Applicant Address Per Agent
Agent Name Martin Archibald
Agent Organisation Name 
Agent Address
The Old Church
Church Road
Garmouth
Moray
IV32 7SR
Agent Phone Number 
Agent Email Address N/A
Case Officer Shona Strachan
Case Officer Phone number 01343 563303
Case Officer email address shona.strachan@moray.gov.uk
PA Response To consultation.planning@moray.gov.uk 
NOTE:
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
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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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Page 95

MORAY COUNCIL 
PLANNING CONSULTATION RESPONSE 
From:   Transportation Manager 
Planning Application Ref. No: 21/01686/APP
Change of use of former bakery to a takeaway restaurant at 212 High Street Elgin Moray
IV30 1BA for Sanus Moor Ltd 
I have the following comments to make on the application:-  
Please 
(a) I OBJECT to the application for the reason(s) as stated below  x
(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 

This proposal is for the conversion of former baker to a takeaway. No parking presently
exists or is proposed. However the site sits within Elgin Town Centre and is therefore
subject to ‘The Moray Council Town Centre Zero parking provision’. A public Car Park is
located immediately adjacent to the south, and with others available nearby. 
The proposal includes the formation of two new door openings directly onto the U171E
Batchen Lane. 
The existing footway located adjacent to the site within Batchen Lane is narrow and
already subject to a high number of pedestrian movements due to the close proximity to a
public car park, and residential parking adjacent. Customers entering and exiting the
takeaway via the new entrance doorway (or queuing outside) would increase the
likelihood of pedestrians having to step onto the carriageway to pass each other. This
would not be acceptable. There also does not appear to be scope to contain waste bins
within the site (with presentation on collection day only), with waste bins also impacting
upon the available footway with. 
There are waiting restrictions present within Batchen Lane, including loading restrictions.
Any unauthorised loading to the side of the building would not only obstruct access to the
residential units adjacent to the west and also likely require the vehicle to undertake a
reversing manoeuvre at a location where a high number of pedestrians may be present,
and further exacerbated by the narrow footway width and subsequent intensification of
use as a result of the proposed development itself. Again this would not be acceptable.
The access from the lane onto High Street is very narrow and would be likely to prevent all
but the smallest of goods being delivered via a vehicle parked on the High Street. The
lane is also subject to a very uneven surface with drainage channels present which would
make manoeuvring trolleys difficult. However even if improvements could be provided to
the lane (eg widen the frontage onto the High Street/ improve surfacing) the High Street
itself is narrow, with waiting restrictions present, and with limited on street parking
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available nearby. Any vehicle stopped on the carriageway loading or unloading goods
would obstruct other vehicles trying to pass. Delivery vehicles would not be permitted to
park over the public footway. Therefore servicing the site from the High Street would not
appear to be a viable option for deliveries associated with this proposal. Similarly there is
a ‘communal’ Loading bay available within Batchen Lane. However as it is located over
110m away from the site, it would also not be considered as a viable location for deliveries
associated with this proposal. Although customer and staff parking could be undertaken
with thin the Moray Council Car Park immediately adjacent, under the regulations for the
Car Parking Order deliveries could not be undertaken from the car park. 
This section of Batchen Lane is already subject to a number of complaints from adjacent
residents and businesses due to access to their properties and vehicle parking being
obstructed by illegally/ or inappropriately parked vehicles, including vehicles parking over
the footway (including within the High Street adjacent). Although these are primarily police
enforcement matters Transportation would not support any proposal which would be likely
to exacerbate any existing problems at this sensitive location. 
On the basis that there is inadequate provision for queuing or waiting within the adjacent
footway, and that deliveries associated with the proposed development at this time cannot
be safely facilitated, Transportation would not support the proposed new take-away.
Reason(s) for objection
Transportation considers that the proposal, if permitted, would result in an increase in
pedestrian and vehicular activity at a sensitive location, which cannot be safely
accommodated or mitigated against, and would therefore be likely to give rise to
conditions detrimental to the road safety of road users contrary to Moray Local
Development Plan policies DP1 ‘Development Principles’ section (ii)- ‘Transportation’, part
‘a)’ (safe entry and exit)
Further comment(s) to be passed to applicant
In order for Transportation to Support the proposed takeaway, the existing footway would
require to be widened to accommodate the additional commercial footfall and waiting
associated with the take-away, along with measures put in place to facilitate the safe
delivery of goods. 
The attached sketch ‘21-01686-APP Sketch showing footway improvements’ has been
prepared to highlight one suggested option, with deliveries undertaken from the closest,
safe, available location to the site (approximately 50m to the south within Batchen Lane.
The option would require the provision of a new 2.0m footway from a delivery area, and
with widening and alterations to the existing footway at the building entrance, with drop
kerbs at each crossing point. It should be highlighted that these works would be subject to
Roads Construction Consent, and all costs associated with the works would be borne by
the applicant. It should also be highlighted that the formation of the new footway down
from the loading area would be likely to require the removal of existing trees due to the
changes to level differences possibly resulting in exposure of the tree roots. 
Contact: AG Date 30 November 2021
email address: transport.develop@moray.gov.uk  
Consultee: TRANSPORTATION 
Return response to  consultation.planning@moray.gov.uk 
Please note that information about the application including consultation responses and representations (whether in support or objection) received on the proposal will be published on the Council’s website at http://publicaccess.moray.gov.uk/eplanning/  (You can also use
this site to track progress of the application and view details of any consultation responses and representations (whether in support or objection) received on the proposal).  In order to comply with the Data Protection Act, personal information including signatures, personal
telephone and email details will be removed prior to publication using “redaction” software to avoid (or mask) the display of such information.  Where appropriate other “sensitive” information within documents will also be removed prior to publication online. 
Page 96

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TMC02 
View (to east) of existing footway at proposed new takeaway entrance Batchen Lane 
View (to west) of existing footway at proposed new takeaway entrance Batchen Lane
Page 97

Page 98

TMC02 
View from residential parking adjacent. Note the narrow access road and access requirements for
refuse collection vehicles 
View from South Street down towards site. 
Page 98

Page 99

TMC02 
View of existing narrow private lane linking onto the High Street 
View from High Street of existing narrow private lane 
Page 99

Page 100

TMC02 
Waiting restrictions within High Street 
Waiting/ Loading restrictions within Batchen Lane 
Page 100

Page 101

TMC02 
Streetview image of inappropriate driver parking and loading behaviour adjacent within High Street 
Streetview image showing example of inappropriate driver parking behaviour outside proposed
entrance 
Page 101

Page 102

PROHIBITED FOR THE USE WITH PLANNING APPLICATIONS
Reproduced from the Ordnance Survey map with the permission of the Controller of Her Majesty's Stationary Office Crown Copyright 2021 The Moray Council  100023422
Scale: 1:250 @ A3
a Moray Council Map
O
Map Description: a Description of a Moray Council Map
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1
Lissa Rowan
From: Tim Betts
Sent: 12 December 2022 11:29
To: Lissa Rowan
Cc: Douglas Caldwell
Subject: RE: Notice of Review:  Planning Application 21/01686/APP
Lissa 
I hope this finds you well. 
Please find our comments below. 
Cheers
Tim 
In relation to paragraph 5 of the ‘Background’ submission within the Planning Statement, the agent mentions an
existing extract grill which this Section understands to be on the southern elevation.  This Section would comment
that the putting forward of this south facing extract location is new information and therefore has not been
assessed as part of the current application under consideration.  Having reviewed the supporting plans submitted
with this appeal the position of this extract grill is not indicated and plans appear to retain the existing west facing
terminal grill location. 
Irrespective of this being an existing extract terminal grill on the southern elevation, it still raises concern with this
Section in regards to noise and odour given the close proximity to residential properties immediately above the grill
location.  As part of pre-planning preliminary discussions, the agent has been previously advised in relation to this
location that detailed noise and odour impact assessments would be required. 
Within the ‘Appeal Response’ section of the Planning Statement the applicant suggests that EP14 is complied with,
whereas this Section is not of the view that it is complied with.  In particular, the applicant submitted notes on the
suggested noise and odour criteria in section C under the heading ‘Appeal Response’.  This Section clarified with the
applicant that the proposed criteria was insufficient and therefore not acceptable.   
Furthermore, the applicant refers to a new “scheme designed and specified to meet the approval of the
Environmental Health Department which satisfies all policies”.  At this stage, this Section has not agreed a design
scheme which satisfies all policies. 
I hope this information assists at this time. 
From: Lissa Rowan <Lissa.Rowan@moray.gov.uk> 
Sent: 28 November 2022 13:20
Subject: Notice of Review: Planning Application 21/01686/APP 
Good afternoon 
Please find attached correspondence in relation to the above Notice of Review. 
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 
Page 104