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Agenda Document Pack - Moray Local Review Body - 16/02/2023

Moray Council · 16 February 2023
Back to Moray Local Review Body — 16 February 2023 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

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Page 1

Moray Local Review Body 
Thursday, 16 February 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, 16 February 2023 at 09:30. 
BUSINESS 
1 Sederunt 
2 Declaration of Group Decisions and Members Interests * 
3 Minute of Meeting dated 19 January 2023 5 - 8 
New Cases 
4 Case LR284 - Ward 4 - Fochabers Lhanbryde
Planning Application 22/01066/APP – Alter and extend dwellinghouse
at 35 Gordon Street, Portgordon, Buckie  
9 - 212
5 Case LR285 - Ward 3 - Buckie
Planning Application 22/00327/APP – Change of use of amenity land to
garden ground at Rockside, 8 Jubilee Terrace, Findochty, Buckie  
213 -
272 
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Summary of Local Review Body functions:
To conduct reviews in respect of refusal of planning permission or
unacceptable conditions as determined by the delegated officer, in
terms of the Scheme of Delegation to Officers under Section 43(A)(i) of
the Town & Country Planning (Scotland) Act 1997 and the Town &
Country Planning (Scheme of Delegation and Local Review
Procedure)(Scotland) Regulations 2013, or where the Delegated
Officer has not determined the application within 3 months of
registration.     
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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, 19 January 2023 
Council Chambers, Council Office, High Street, Elgin, IV30 1BX 
PRESENT 
Councillor Neil Cameron, Councillor Amber Dunbar, Councillor Sandy Keith,
Councillor Marc Macrae, Councillor Paul McBain, Councillor Derek Ross, Councillor
Sonya Warren 
APOLOGIES 
Councillor Juli Harris 
IN ATTENDANCE 
Mr A Miller, Senior Planning Officer and Mrs L MacDonald, Senior Planning Officer
as Planning Advisers, Mr S Hoath, Senior Solicitor and Mrs J Smith, Solicitor as
Legal Advisers and Mrs L Rowan, Committee Services Officer as Clerk to the
Meeting.   
1         Chair 
Councillor Macrae, being Chair of the Moray Local Review Body, chaired the
meeting. 
2         Declaration of Group Decisions and Members Interests 
In terms of Standing Order 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 17 November 2022 
The Minute of the meeting dated 17 November 2022 was submitted and approved.  
4         Adjournment 
The Chair sought the agreement of the Moray Local Review Body to adjourn the
meeting for a short period to consider the procedure for the meeting.  This was
unanimously agreed.   
5         LR282 - Ward 7 - Elgin City South 
Item 3
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Planning Application 21/01686/APP - Change of use of former bakery to a
takeaway restaurant at 212 High Street, Elgin, Moray, IV30 1BA  
A request was submitted by the Applicant, seeking a review of the decision of the
Appointed Officer, in terms of the Scheme of Delegation, to refuse planning
permission on the grounds that:  
The proposal is contrary to the Moray Local Development Plan (MLDP) 2020
because:  
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. 
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 MLDP policies DP1
'Development Principles' section (ii)-  'Transportation', part 'a)' (safe entry
and exit). 
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
he had nothing to raise at this time.  
Mr Hoath, Legal Adviser advised that, during the short adjournment, he had
advised the Chair and Depute Chair that the Applicant had stated in his Notice of
Review Application that he wished the Moray Local Review Body (MLRB) to
consider information that was not before the Appointed Officer at the time the
original application was considered.  He advised that this further information was
significant and may affect the outcome of the appeal.  He further advised that,
should the MLRB wish to consider this information, it should decide whether any
further procedure should be applied such as whether the Appointed Officer and
Interested Parties should be given the opportunity to consider and comment on the
new information by way of written submissions and/or a hearing.  Mr Hoath did
however point out that the new information would not be able to be consulted on
with the wider public at this stage.  Mr Hoath concluded by advising that the MLRB
may be of the view that there is sufficient information within the agenda to make a
determination on the Planning Application without a further procedure and that if
this was the case and the Planning Application was refused, the Applicant could
submit a further Planning Application including the new information and that this
would be free of charge were it submitted within one year of the MLRB’s decision.  
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Councillor McBain, having considered the case in detail, was of the view that there
was sufficient information within the agenda and moved that the MLRB proceed to
determine the case as it is.  This was seconded by the Chair.  
Councillor Cameron was of the view that the MLRB should have the opportunity to
consider the new information submitted by the Applicant, given that it was
significant, and moved as an amendment, that the MLRB defer the case to allow
the Appointed Officer and Interested Parties the opportunity to comment on the
new information, by way of written submissions.  This was seconded by Councillor
Ross.  
On a division there voted:  
For the Motion (4): Councillors McBain, Macrae, Dunbar and Keith 
For the Amendment (3): Councillors Cameron, Ross and Warren
Abstention (0): Nil  
Accordingly, the Motion became the finding of the Meeting and the MLRB agreed
to proceed to consider the case with the information before them.  
Councillor Cameron, having visited the site and considered the case in detail, fully
understood why the application had been refused given the further residential
development in the area.  He was of the view that the location of the proposal was
wrong and moved that the MLRB refuse the appeal and uphold the original
decision of the Appointed Officer to refuse Planning Application 21/01686/APP as
the proposal fails to comply with policies DP7 (Retail/Town Centres), DP1
(Development Principles), EP14 (Pollution, Contamination and Hazards) and EP9
(Conservation Areas) of the MLDP 2020.  This was seconded by Councillor
Dunbar.  
Councillor Keith, having visited the site and considered the case in detail, did not
agree that there would be a significant increase in pedestrian and vehicular activity
to the detriment of road safety and further noted that there is a public car park
immediately adjacent to the location of the proposal.  Councillor Keith further
stated that, as it was unknown what type of take away food facility would be
occupying the premises, there was no way of knowing whether there would be any
noise or odour impacts.  Councillor Keith therefore moved that the MLRB uphold
the appeal and grant planning permission in respect of Planning Application
21/01686/APP as, in his opinion, the proposal is an acceptable departure
from policies DP7 (Retail/Town Centres), DP1 (Development Principles), EP14
(Pollution, Contamination and Hazards) and EP9 (Conservation Areas) of the
MLDP 2020.  This was seconded by Councillor Ross.  
On a division there voted:  
For the Motion (4): Councillors Cameron, Dunbar, Macrae and Warren 
For the Amendment (3): Councillors Keith, Ross and McBain
Abstention (0): Nil  
Accordingly, the Motion became the finding of the Meeting and the MLRB agreed
to refuse the appeal and uphold the original decision of the Appointed Officer to
refuse Planning Application 21/01686/APP as the proposal fails to comply with
policies DP7 (Retail/Town Centres), DP1 (Development Principles), EP14
(Pollution, Contamination and Hazards) and EP9 (Conservation Areas) of the
MLDP 2020.
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MORAY LOCAL REVIEW BODY 
16 FEBRUARY 2023 
SUMMARY OF INFORMATION FOR CASE No LR284 
Planning Application 22/01066/APP – Alter and extend dwellinghouse at 35
Gordon Street, Portgordon, Buckie 
Ward 4 – Fochabers Lhanbryde 
Planning permission was refused under the Statutory Scheme of Delegation by the
Appointed Officer on 30 September 2022 on the grounds that: 
The proposed alterations and extension are contrary to Moray Local Development
Plan 2020 policy DP1(i)(a) for the following reasons: 
1. The proposed rear dormers are considered unacceptable as they are of an
irregular shape which is not keeping with the form and character of the
existing traditional property a nd surrounding area. 
2. The proposed first floor extension incorporates an irregular roof shape giving
the appearance of a two storey flat roof extension which creates unnecessary
bulk and is incongruous with the main parent property. 
Documents considered or prepared by the Appointed Officer in respect of the above
planning application are attached as Appendix 1. 
The Notice of the Review, Grounds for Review and any supporting documents
submitted by the Applicant are attached as Appendix 2. 
No Further Representations were received in response to the Notice of Review 
Item 4
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Gollachy
Post
7.1m
4.9m
Path
Shingle
Portgordon
A 990
36
38
23
44
33
32
28
46
26
45
27
34 43
20
49
24
Post
Location plan for Planning Application Reference Number :
22/01066/APP
This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's
Stationary Office Unauthorised reproduction infringes  Crown Copyright and may lead to prosecution or civil proceedings.
(c) Crown Copyright.  The Moray Council 100023422 2022 Page 11

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APPENDIX 1 
DOCUMENTS CONSIDERED
OR PREPARED BY THE
APPOINTED OFFICER
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Page 1 of 6
The Moray Council Council Office High Street Elgin IV30 1BX  Tel: 0300 1234561  Email: development.control@moray.gov.uk
Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid.
Thank you for completing this application form:
ONLINE REFERENCE 100587093-001
The online reference is the unique reference for your online form only. The  Planning Authority will allocate an Application Number when
your form is validated. Please quote this reference if you need to contact the planning Authority about this application.
Description of Proposal
Please describe accurately the work proposed: * (Max 500 characters)
Has the work already been started and/ or completed? *
 No   Yes - Started     Yes – Completed
Applicant or Agent Details
Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting
on behalf of the applicant in connection with this application)  Applicant  Agent
First floor dormer window extension, extension of pitched roof over single storey flat roof, rebuild and adjoin garden store to house
to create a bedroom
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Page 2 of 6
Agent Details
Please enter Agent details
Company/Organisation:
Ref. Number: You must enter a Building Name or Number, or both: *
First Name: * Building Name:
Last Name: * Building Number:
Address 1
Telephone Number: * (Street): *
Extension Number: Address 2:
Mobile Number: Town/City: *
Fax Number: Country: *
Postcode: *
Email Address: *
Is the applicant an individual or an organisation/corporate entity? *
  Individual    Organisation/Corporate entity
Applicant Details
Please enter Applicant details
Title: You must enter a Building Name or Number, or both: *
Other Title: Building Name:
First Name: * Building Number:
Address 1
Last Name: * (Street): *
Company/Organisation Address 2:
Telephone Number: * Town/City: *
Extension Number: Country: *
Mobile Number: Postcode: *
Fax Number:
Email Address: *
Nick Midgley Design
Ms
Nick
Claire
Midgley
Lambert
Wellington Mills
Gordon Street
35
Feral Studios
07711182313
+447703279547
Hx5 9AS
AB56 5QR
England
UK
Elland
Buckie
Quebec Street
Portgordon
07711182313
nick@nickmidgleydesign.co.uk
claire.home@talk21.com
Claire Lambert
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Page 3 of 6
Site Address Details
Planning Authority:
Full postal address of the site (including postcode where available):
Address 1: 
Address 2:
Address 3:
Address 4:
Address 5:
Town/City/Settlement:
Post Code:
Please identify/describe the location of the site or sites
Northing Easting
Pre-Application Discussion
Have you discussed your proposal with the planning authority? *  Yes   No
Pre-Application Discussion Details Cont.
In what format was the feedback given? *
 Meeting  Telephone  Letter  Email
Please provide a description of the feedback you were given and the name of the officer who provided this feedback. If a processing
agreement [note 1] is currently in place or if you are currently discussing a processing agreement with the planning authority, please
provide details of this. (This will help the authority to deal with this application more efficiently.) * (max 500 characters)
Title: Other title:
First Name: Last Name:
Correspondence Reference Date (dd/mm/yyyy):
Number:
Note 1. A Processing agreement involves setting out the key stages involved in determining a planning application, identifying what
information is required and from whom and setting timescales for the delivery of various stages of the process.
35 GORDON STREET
Pre App written and telephone conversation 21/01027/PEHOU
Ms
Moray Council
Teresa
PORTGORDON
21/01027/PEHOU
Planning Technical Assistant
Ruggeri
BUCKIE
19/09/2021
AB56 5QR
864334 339940
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Page 4 of 6
Trees
Are there any trees on or adjacent to the application site? *  Yes    No
If yes, please mark on your drawings any trees, known protected trees and their canopy spread close to the proposal site and indicate if
any are to be cut back or felled.
Access and Parking
Are you proposing a new or altered vehicle access to or from a public road? *  Yes    No
If yes, please describe and show on your drawings the position of any existing, altered or new access points, highlighting the changes
you proposed to make. You should also show existing footpaths and note if there will be any impact on these.
Planning Service Employee/Elected Member Interest
Is the applicant, or the applicant’s spouse/partner, either a member of staff within the planning service or an  Yes    No
elected member of the planning authority? *
Certificates and Notices
CERTIFICATE AND NOTICE UNDER REGULATION 15 – TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT
PROCEDURE) (SCOTLAND) REGULATION 2013
One Certificate must be completed and submitted along with the application form. This is most usually Certificate A, Form 1,
Certificate B, Certificate C or Certificate E.
Are you/the applicant the sole owner of ALL the land? *  Yes    No
Is any of the land part of an agricultural holding? *  Yes    No
Certificate Required
The following Land Ownership Certificate is required to complete this section of the proposal:
Certificate A
Land Ownership Certificate
Certificate and Notice under Regulation 15 of the Town and Country Planning (Development Management Procedure) (Scotland)
Regulations 2013
Certificate A
I hereby certify that –
(1) - No person other than myself/the applicant was an owner (Any person who, in respect of any part of the land, is the owner or is the
lessee under a lease thereof of which not less than 7 years remain unexpired.) of any part of the land to which the application relates at
the beginning of the period of 21 days ending with the date of the accompanying application.
(2) - None of the land to which the application relates constitutes or forms part of an agricultural holding
Signed: Nick Midgley
On behalf of: Claire Lambert
Date: 20/07/2022
 Please tick here to certify this Certificate. *
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Page 5 of 6
Checklist – Application for Householder Application
Please take a few moments to complete the following checklist in order to ensure that you have provided all the necessary information
in support of your application. Failure to submit sufficient information with your application may result in your application being deemed
invalid. The planning authority will not start processing your application until it is valid.
a) Have you provided a written description of the development to which it relates?.  *  Yes   No
b) Have you provided the postal address of the land to which the development relates, or if the land in question  Yes   No
has no postal address, a description of the location of the land?  *
c) Have you provided the name and address of the applicant and, where an agent is acting on behalf of the  Yes   No
applicant, the name and address of that agent.?  *
d) Have you provided a location plan sufficient to identify the land to which it relates showing the situation of the  Yes   No
land in relation to the locality and in particular in relation to neighbouring land? *. This should have a north point
and be drawn to an identified scale.
e) Have you provided a certificate of ownership? *  Yes   No
f) Have you provided the fee payable under the Fees Regulations? *  Yes   No
g) Have you provided any other plans as necessary? *  Yes   No
Continued on the next page
A copy of the other plans and drawings or information necessary to describe the proposals
(two must be selected). *
You can attach these electronic documents later in the process.
  Existing and Proposed elevations.
  Existing and proposed floor plans.
  Cross sections.
  Site layout plan/Block plans (including access).
  Roof plan.
  Photographs and/or photomontages.
Additional Surveys – for example a tree survey or habitat survey may be needed. In some instances you  Yes   No
may need to submit a survey about the structural condition of the existing house or outbuilding.
A Supporting Statement – you may wish to provide additional background information or justification for your  Yes   No
Proposal. This can be helpful and you should provide this in a single statement. This can be combined with a
Design Statement if required. *
You must submit a fee with your application. Your application will not be able to be validated until the appropriate fee has been
Received by the planning authority.
Declare – For Householder Application
I, the applicant/agent certify that this is an application for planning permission as described in this form and the accompanying
Plans/drawings and additional information.
Declaration Name: Mr Nick Midgley
Declaration Date: 20/07/2022
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Payment Details
Online payment: 261169
Payment date: 20/07/2022 17:23:31
Created: 20/07/2022 17:23
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35, Gordon Street, Portgordon, Moray, AB56 5QR
Block Plan shows area bounded by: 339873.25, 864276.25 340001.25, 864404.25 (at a scale of 1:500), OSGridRef: NJ39936434.  The representation of a road, track or path is no evidence of a right of way. The representation of features as lines is no evidence of a property boundary.
Produced on 22nd Jun 2021 from the Ordnance Survey National Geographic Database and incorporating surveyed revision available at this date. Reproduction in whole or part is prohibited without the prior permission of Ordnance Survey. © Crown copyright 2021.  Supplied by
www.buyaplan.co.uk a licensed Ordnance Survey partner (100053143).  Unique plan reference: #00644243-EC8F26
Ordnance Survey and the OS Symbol are registered trademarks of Ordnance Survey, the national mapping agency of Great Britain.  Buy A Plan logo, pdf design and the www.buyaplan.co.uk website are Copyright © Pass Inc Ltd 2021
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NMD © 2021       block site plan  1:200 scale at A3 sheet C Lambert    35 gordon Street PORTGORDON AB56 5QR

A3 sheet 

DO NOT SCALE

this drawing is a digital 

file indication of scale 

for printing relies on 

true print/sheet sizes 

ANY DOUBT ASK
nick midgley design   26.06.2021 07711182313  01422255818 nick@nickmidgleydesign.co.uk GOR.PA.008
35 Gordon Street
Gordon
Street
old railway
coatal trail
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

PROPOSAL - site plan & roof 1:200 @ A3 sheet size
NMD©                         
historic  
contemporary
contextual
01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.010. 07.03.2022
GORDON
STREET
path
path
path
N
0         2         4         6m
35
37
33
32
new extension
single storey
garden
POR.P.004         07.03.2022
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

PROPOSAL - elevation view from south - section AA
NMD©                         
historic  
contemporary
contextual


01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.007. 07.03.2022
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

EXISTING & PROPOSED - roof plan 1:100 @ A3 sheet size
NMD©                         
historic  
contemporary
contextual
01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.027  07.03.2022
EXISTING roof plan PROPOSED roof plan
0         1         2           3m
N
garden store
flat roof
bathroom
flat roof
chimney
RL
RL
sedum planted
new flat roof
at
same level
as existing
standing seam
aluminium
anthracite grey
shallow pitch roofing
reused/reclaimed
small format original
slate roofing
matching pitch
B
A
A
BB
C
C
1.75m infill
overhang
0.75m
33 35 33 35boundary
to No 37
boundary
to No 37
dashed
outline
of
original
& proposed
footprint
6.75sm
gardengarden
GORDON StGORDON St
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

PROPOSAL - ground floor plan 1:100 @ A3 sheet size
NMD©                         
historic  
contemporary
contextual
01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.005. 07.03.2022
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

PROPOSAL - first floor plan 1:100 @ A3 sheet size
NMD©                         
historic  
contemporary
contextual
01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.006. 07.03.2022
bed 002 bed 001
lobby
home
office
shower
ensuite
roof void
outline
of roof
pitch
extension
extent of
extention
infilled
area
flat roof
sedum turf
planted
0           1           2           3m
roof extension
over existing flat
roof footprint
of current
bathroom
existing garden
store rebuilt as
as accessible
bedroom/studio
obscured
acid etch
glass
No 33 No 37
N
GORDON STREET
proposed
FIRST FLOOR
plan
garden
AA
BB CC
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

PROPOSAL - elevation view from south 1:50 @  
NMD©                         
historic  
contemporary
contextual


01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.008. 07.03.2022
Page 35

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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

PROPOSAL - elevation view from east 1:50 @ A3 sheet size
NMD©                         
historic  
contemporary
contextual


01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.009.  07.03.2022
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

PROPOSAL - elevation view from east 1:50 @ A3 sheet size
NMD©                         
historic  
contemporary
contextual


01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.010       07.03.2022
A - smooth sawn vertical larch plank cladding T&G jointed
Sadolin Extra high performance satin black wood stain
low maintenance finish
B - contrast natural stained/oiled framing larch plank
C - triple glaze Danish alu skin mid grey Eco windows      
& doors - laminated composite softwood
D - existing slate roof relaid - new reclaimed slating to match
E - pitched standing seam self coloured lead/alu metal roofing
F - green living roof Sedum planted overhang/shelter to east
G - near Passiv Haus insulated timber frame eco structure
airtight construction - low embodied carbon build
line of
existing
neighbour
fence
infill
new build
connection to rebuilt
garden store
kitchen stair lobby
lobbystore
existing dormer
window
new dormer
pitched roof
extension
existing garden
garden terrace
concrete hardstanding
removed
gravel & free draining
surface to mitigate
surface run-off
combined with Sedum
green roof to slow surface
run-off & improve upon
existing free draining and
reduce surface water to
public drains
A
A
C
D
E
F
G
0                   1                     2                   3m
GORDON STREET
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

PROPOSAL - elevation view from west 1:50 @ A3 sheet size
NMD©                         
historic  
contemporary
contextual


01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.011          07.03.2022
Page 41

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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

PROPOSAL - elevation view from west 1:50 @ A3 sheet size
NMD©                         
historic  
contemporary
contextual


01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.012               07.03.2022
A - smooth sawn vertical larch plank cladding T&G jointed
Sadolin Extra high performance satin black wood stain
low maintenance finish
B - contrast natural stained/oiled framing larch plank
C - triple glaze Danish alu skin mid grey Eco windows      
& doors - laminated composite softwood
D - existing slate roof relaid - new reclaimed slating to match
E - pitched standing seam self coloured lead/alu metal roofing
F - green living roof Sedum planted overhang/shelter to east
G - near Passiv Haus insulated timber frame eco structure
airtight construction - low embodied carbon build
A
C
obscured
acid
glass
D
E
pitch roof
dormer
window
extension
F
G
New section
infill build
to join existing
garden store to
house as
studio/bed 003
existing neighbour
fence to
boundary
rebuild of garden store
behind to follow
same volume/proportion
0                 1                 2                 3m
GORDON STREET
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

EXISTING - elevations & sections 1:100 @ A3 sheet size
NMD©                         
historic  
contemporary
contextual
01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.026  07.03.2022
garden store
neighbour
fence line
to No 33
GORDON
St
GORDON
St
GORDON
St
GORDON
St
neighbour
fence line
to No 33
neighbour
fence line
to No 37
garden store
garden
store
view from
No 33
SECTION view west SECTION view east
SECTION view eastELEVATION view west
gable view from No 37
access/passage
Flat roof
bathroom
Flat roof
bathroom
kitchen kitchen
lobby lobby
lobbylobby
garden
garden
garden
garden
0        1          2         3m
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

EXISTING - plans & elevations 1:100 @ A3 sheet size
NMD©                         
historic  
contemporary
contextual
01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.025  07.03.2022
EXISTING rear south elevation from garden EXISTING front north elevation - shown for information not part of application
0         1          2         3m
EXISTING ground plan EXISTING first plan
garden store
33 35 37 35 33
33 37
garden store
side
passage
access
bath
living livinglobby
lobby bed 01bed 02
flat roof flat rooflobby
sloping garden N
entrance
concrete
area
to be removed
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

PROPOSAL - perspective view from south
NMD©                         
historic  
contemporary
contextual


01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.001 04.04.2022
Alain Carle architecte
Quebec Ho.
© dezeen


Buro Wagner
Munich Ho.
© domus.it
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

PROPOSAL - perspective view from south east
NMD©                         
historic  
contemporary
contextual


01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.014. 07.03.2022
Brock Cottage
©NMD
Dyke Ho
© Argen Reas Architecten
Sommerhaus
© Fryd - Torben Eskerod
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

PROPOSAL - location context plan - not to scale
NMD©                         
historic  
contemporary
contextual


01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.003. 07.03.2022
Gordon Street
18
20
24
32
38
34
35
37
33
27
25
13
17
track
path
PORTGORDON
Gollachy
coastal slope
foreshore
N
0 5 15m
east end Gordon St foreshore
view east from No. 35
former coastal railway path
view north at west end Gordon St
view west
from No. 35
view north
from No. 35
No. 35
Gordon St
note:
extensions tight on
neighbour boundaries
at 23 25 27 & 17 19
No. 17 Gordon St
18/00193/APP two
storey extension on
boundary in contemporary
style with distinctive
mono pitch roof
foreshore
common access track to foreshore
view west over
east end Gordon St
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FERAL STUDIOS
WELLINGTON MILLS
QUEBEC STREET
ELLAND
HX5 9AS
01422 255 818
077 111 82 313
POR.P.001.22
Fiona Olsen  Assoc RTPI
Planning Officer 
Economic Growth & Development
The Moray Council         
High Street           
Elgin            
IV30 1BX                             Friday 26th August  2022
Dear Ms Olsen
22/01066/APP 35 Gordon Street, Portgordon AB56 5QR
Thank you for your attention and the email 22.08.2022, we note the positive re-
sponse with regard to the Archaeological Photo survey, the submission relation-
ships and intent for the existing flat roofing and the overall scope of development.
To pick up on your comment regarding the roof top extension design proposals
for the accommodation, we will address this in respect of:
- design           
- context           
- policy           
- precedent                                                                                                                     
DESIGN
The scope of the proposals are modest and does not include any structure
which can be construed to be a ‘box dormer’, the Moray Local Development
Plan 2020 Vol 1 page 35 DP1 para ‘g’ states that “Pitched roofs will be preferred
to flat roofs and box dormers are not acceptable” - this is not a great intent                                                                      
e: nick@nickmidgleydesign.co.uk    www.nickmidgleydesign.co.uk
NMDnick midgley design
historic
contemporary
contextual
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change from previous H4 policy [which still fostered in certain situations until
2020 box dormers in particular settings]. 
Our discussion via telephone with Shona Stachan late September 2021, advised
us that as an authority you could not offer advice through our Pre App
21/01027/PEHOU, though she discussed the use of ‘catslide’ dormers [which we
explained would not create usable space - see below] and how we needed to be
supporting our submission with a strong contextual design & heritage statement, 
this along with the design development we have now done. We are clear that the
current design proposals move away from the Pre App starting point and foster a
much more crafted vernacular design response, that is in context with the loca-
tion character and the host dwelling. We wrote with earlier sketch proposals to
Shona Strachan 21.09.2021 to try to foster a dialogue to move forward, so our
client finds it disappointing that it is only now that we are garnering response to a
very detailed and carefully presented submission and design.
We are with this proposal only creating at ground level 6.5sm of new space and
in the roof c11sm in comparison to an overall building footprint of 100sm of
space, 28sm of which is within compromised sloping roof areas between
850-1900mm high. The additions cleverly, without an enlarged footprint and with
less than a 20% space increase, creates the opportunity for good modern multi
generational family living space.
We have consulted with the neighbours and all are very happy to support the
changes and keen to help to regenerate with the applicant the dwelling, which
had been empty and on the property market for several years.
The proposal overall is a holistic response to the property and setting, the solu-
tion proposed has not been arrived at lightly, there has been a considered ap-
proach with the applicant to develop a modern 21st C response within the
framework of an historic property in an historic setting. 
Our client/the applicant is a historian who currently lives in a 1776 cottage prop-
erty, where we have assisted with contemporary inventions and extensions over
a 20 year period. She fully appreciates the historic context and the ebb and flow
of societal needs through time, that have formed the character of Portgordon and
its varied architecture, whilst also needing to create a family home for multi gen-
erational living, that will ultimately also accommodate her octogenarian mother,
which is why the ground floor is laid out to provide for easy access and an
amount of privacy with the garden bedroom/studio space.
This leads the first floor to accommodate family bedrooms and an area for home
working.
Historically the first floor accommodation was all work space, storage etc. ancil-
lary to rudimentary ground floor living and bed spaces.
We illustrated in our Design Statement page 5, the earlier neighbour 37/39 at-
tached extension of a steeply/mansard roofed sail or net loft in a likely black tar
stained timber with a flat top - a direct reference for our design and a form typical                                                                            
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of this immediate part of the coastal settlements. There is still a smoker with a
juxtaposition of roof adjuncts in Buckpool attached to a residential property. The
area is full of varied forms that have evolved with the social and economic
change over time - this area is not a static showpiece theme park but a living
community. Portgordon has through its Community Trust in the village made
leaps and bounds in starting to regenerate the village for the community and this
proposal is just a small part of that process.
By forming a pitched roof over the existing bathroom, we remove a flat roof, we
present a pitched roof to the neighbour boundary - not a two storey blank wall
[see illustration below] projecting 3m into the eye line behind Nos 35/37 and at
over 4.5m it would be inappropriate to tower over the rear aspect of No 37.
This mark-up shows the bulk of your proposed suggestion over the bathroom, to
effect a full 1.8m head height throughout is not necessary and would create a dis-
turbing scale and mass of architecture in this context. The wall would be a blank
The applicant is to use the ‘void’ space created as storage to maximise the roof
volume off the bedroom, you’ll notice from the plan layout these properties afford
very little useful cupboard or storage. So the space is not wasted and we are dis-
tinct in our intention not to project back from the existing house a large box-like
structure that would dwarf the neighbour at No 37.
We have approached the design to encompass many aspects, taking a holistic
view to all aspects of design, context, use, environment and build costs - this
creates a tight equation for the proposal. Internally the height of the existing bed-
rooms is only 1.95m in a narrow strip in the centre of the house, the doorways
are less than standard at 1.8m, that’s 100mm lower than the norm. The narrow
bay windows to the front elevation to effect pitched roofing of around 27º only
provide 1.9m height - usually domestic accommodation is at height of 2.4m.
To afford the most balanced and sensible arrangement for the first floor accom-
modation we have only added a small amount of floor area, created within
pitched roof form volume, setback from the eaves of the main house.                                                                            
e: nick@nickmidgleydesign.co.uk    www.nickmidgleydesign.co.uk3
1.8m
1.9m
27º 27º 17º
neighbour
view blocked
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You’ll note [above] to squeeze the accommodation under quasi traditional pitch-
es, using matching slate to a buildable pitch, shows that we lose floor area and
internal height, creating awkward space akin to the narrow frontage bays - non of
these arrangements would allow proper head height, positioning furniture, stor-
age or wardrobes - this would afford no benefit or logical reason to build such
forms as they would be properly unusable. Equally building in these forms will
increase costs, due to major alterations to the existing roof, with the addition of
steel beams, propping down through to the ground floor, disturbing the living area
plan arrangement and easily doubling the roof level build costs - just to afford non
sensical forms - the extra expenditure would force the budget to be rebalanced
and the environmental benefits intended are the most likely cost cuts, damaging
the ecological advantages that our client intends.
The existing proposal seeks to maximise the available height on the rear of the
property - where there is no visual intrusion - new roofing in a shallow pitched
standing seam zinc or aluminium is creative and allows us to maximise volume
where it is needed, this is not a flat roof and is not a box dormer, a box dormer
would have a 1:80 near flat roof and blank vertical sides - our proposal is fully
pitched a 3D form, it creates no inward views that have blank square walling in
any relationship to a ‘box dormer’ - we contradict you, there is no view as you
state ‘from the west’, the neighbour at No 33 would have no view of the ensuite
proposal and there are no views into the proposal in the context of the village that
would construe the proposals to be a box dormer.
The only potential is for a very distant oblique views from the coastal trail, views
from here would not afford anything but an ‘birdseye’ aspect looking down on the
pitched roof dormer proposal and the ‘L’ shaped ensuite addition with roof pitches
in two directions. 
Coastal trail views - we show these images to illustrate that the pitched   
forms  will only be viewed from above with viewing angles from the south
view form SW                      view from south                   view form SE                                                                            
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The dialogue for the architectural style is covered in our Design Statement pages
9-12 shortened here:
“contextually the intent for the new build rear/south additions, is to carefully mod-
erate the scale and form, the roof level additions are to be built within the roof
and to reuse the existing slate for the new pitches, the ‘dormer’ window arrange-
ments are to be varied pitched forms 
relating to the examples of vernacular forms and secondary adjuncts to dwellings
found locally around Portgordon and in the immediate coastal vicinity - forms that
reflect the sheds and additions to older dwellings 
but we have with crisp architectural detail and careful selection of materials, at-
tempted to design a response that is 21st C, whilst borrowing its lead from histo-
ry. 
The additions will be subtle and secondary to the host dwelling, of a scale and
form that marries well in local context and built in a manner that weathers well
and requires simple yet minimal maintenance”  
The backs of Portgordon properties show examples of additions good & bad -
this is a thoughtful design, that marries the scale of additions sympathetically
without ‘out of context slavish copies’ of a sub-urban pitched roof architecture
that is not well represented locally.
We could discuss architectural style, form and the distinction between contempo-
rary flat roof structures and when they become ‘box dormers’, though I think that
is a fulsome architectural essay best saved for another day.
CONTEXT
The immediate local south side of Gordon Street displays many architectural
forms: 
- a flat roof single storey extensive Permitted Development [PD] floor plate of
new accommodation at No 33 using up all the immediate amenity space - that
has no relationship to the form of the back gardens, streetscape or historic floor
plate of the host dwelling.
- a long 9.5m box dormer at 2nd storey on No 37 over a long ground floor flat
roof extension into the flat garden amenity space - box forms that dominate the
host dwelling.
- flat roof extensions & box dormers to Nos 39 & 41 to the east impinging on
amenity space.
- flat roof garden extensions to Nos 31 & 29 to the west with extensive box
dormers.                                                                            
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- A large two storey mono pitch extension to the rear of No 17 joined by a flat
roof link and with a box dormer to the rear pitch approved 18/00193/APP.
No 17
- the addition is a mono pitch roof higher than the existing cottage and can be
clearly seen from neighbour property, public areas - it dominates the host
dwelling, dwarfing the scale with a new massing, style & character that is totally
different from the host dwelling and the neighbour properties.
- though this addition demonstrates how good quality design does integrate in
this locality with the historic setting and host dwellings - even on a much larger
scale dominating the host/context.
- the ‘Report of Handling’ for the No17’s  18/00193/APP states [and there is no
major change of intent in current DP1 policy from H4 in this instance]:
“Policy Assessment  - Impact upon the surrounding locality (H4, IMP1)
The proposed extension is required to be assessed against Policy H4: House Al-
terations and Extensions and IMP1: Development Requirements in terms of style,                                                                            
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scale, proportions, materials and the potential impact on the surrounding area.
The main issue for consideration is whether the proposal will have any adverse
effects or impacts on the amenity of the existing house and the surrounding area,
including any neighbouring dwellings. 
The design of the proposed extension is considered to be acceptable and inte-
grates well to the style, size, scale and proportions of the existing dwelling. The
windows look out to the garden, given its location, distance and orientation of the
extension from neighbouring adjacent properties it will not have a significant ad-
verse impact on sunlight or daylight nor a significant overlooking or privacy is-
sues in relation to this application, therefore the proposal is acceptable. 
The neighbouring property also has a flat room extension in the rear of the prop-
erty.”
We feel that these contextual examples show the submission proposal is rele-
vant, even though you are saying 
“I do not feel that these relate to the character of the existing property or sur-
rounding area” 
as this is contestable and in fact the character of the setting and the architecture
locally is highly varied and displays good strong examples of how contemporary
additions over the last 30-40 years have become integrated with the locality with-
out causing overt harm.
The setting is not a Conservation Area and other than the height of the exten-
sion being at 1m over the allowable [4m] height of an extension within 10m of a
boundary, for the roof over the existing bathroom, all aspects of the current pro-
posal would be allowable under PD.
The applicant is minded that PD becomes the most tempting revision - to aban-
don the ensuite shower room proposal and compromise their aspirations due to
this subjective interpretation of Planning Policy.
If we were submitting a proposal in a Conservation Area or with a scheduled/list-
ed Historic host dwelling we usually mitigate against causing harm, this is key in
such a situation, to balance the new proposals within the status quo and to judge
if the proposals are harmful, a key point here is that the existing context is not
uniform, rear views are very limited and screened, the mantra is 
“what is meant by the conservation and enhancement of the historic environ-
ment? Conservation is an active process of maintenance and managing change.
It requires a flexible and thoughtful approach to get the best out of assets”                                                                            
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We are clear and show here through example locally and regionally - and in our
Design Statement pages 9-10, that even in this undesignated location we are
with the applicant going above and beyond what is contextually required.
No visual or historic harm is being caused as the proposed additions can be
clearly discerned as contemporary adjuncts and reflect development of architec-
tural form over time.
POLICY
It is clear, that in the case of the application for Planning Permission there is a
pre-disposition to support the applicant:  
“refusing an application for planning permission solely on the grounds that it does
not accord with the provisions of the development plan and without having had
regard to other material considerations. Proper consideration should also be giv-
en to the merits of the application”
The applicant has committed at length to create a 21st refurbishment of the emp-
ty property, being prepared for capital investment in environmental aspects, that
go well beyond the regulatory framework for new work to an existing dwelling.
There is no requirement for the level of quality and responsibility that will be em-
bodied in the design and the build [see Design Statement pages 12-15] intended. 
If the proposed build changes were made at roof level, the substantially in-
creased cost of construction would, as we explain above [page 4], lead to a re-
evaluation of expenditure across the property refurbishment and definitely cause
the downgrading of build quality and responsible positive environmental features
would have to be removed and the contribution of the applicants intent to the fu-
ture life and quality of the fabric of the building, the setting and the village stock of
housing would be lost - it is not responsible to foster a ‘style of architecture’ pure-
ly on visual averages, it has to be a balance of environmental responsibility
across all aspects of design and context.
The Local Plan within PP1 states:
(i) Character and Identity - Create places that are distinctive to prevent ho-
mogenous ‘anywhere’ development
It refers to distinctiveness, architectural identity, detailing and materials - to create
successful healthy places that encompass distinctive urban form.
We are conscious with the proposal that it’s important not to have a slavish de-
fault to quasi traditional safety net of architecture - though nothing we propose
here is challenging or offensive, despite our interpretation of traditional forms with
a contemporary idiom.                                                                            
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The Local Plan DP1 states that:
“Development Principles - will be applied reasonably taking into account the na-
ture and scale of a proposal and individual circumstances”
DP1 states it will support applications if:
(i) Design a)  The scale, density and character must be appropriate to the sur-
rounding area and create a sense of place (see Policy PP1) 
We have demonstrated we are creating a sensitive, yet distinctive proposal that
relates to the scale, setting and traditional coastal area - that fosters a sense of
place and nearness to need.
We have created a proposal that can:
d) Demonstrate how the development will conserve and enhance the natural
and built environment and cultural heritage resources, retain original land
contours and integrate into the landscape.
And does not:
e) Proposals must not adversely impact upon neighbouring properties in terms of
privacy, daylight or overbearing loss of amenity.
And embodies the need for:
h) Existing stone walls on buildings and boundaries must be retained. Alterations
and extensions must be compatible with the character of the existing building in
terms of design, form, choice of materials and positioning and meet all other rele-
vant criteria of this policy.
j) All developments must be designed so as to ensure that all new buildings avoid
a specified and rising proportion of the projected greenhouse gas emissions from
their use (calculated on the basis of the approved design and plans for the specif-
ic development) through the installation and operation of low and zero-car-
bon generating technologies.
The 2020 Moray Settlement Statement for Portgordon proposes:
- Development Strategy / Placemaking Objectives                                                 
- Protect the character of the existing settlement                                                        
- Provide support for proposals to re- use the harbour                                             
-To promote interest and encourage housing development on designated sites    
- Development proposals in the Special Landscape Areas must reflect the tradi-
tional settlement character in terms of siting and design and respect the special
qualities of the designation.                                                                            
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We have demonstrated that there is protection of the character of the existing
settlement, there is no visual intrusion and no extreme characterful harm. The
host dwelling sits just out of the Special Landscape Area [SLA] designation and
by nature of the scale, orientation and visual accessibility does not impinge on
views in or out of the SLA.
By refurbishing and modernising an empty dwelling, this contributes to the re-
generation of the whole village - this in turn contributes towards the new life and
uses proposed for the harbour and the future generations of this important his-
toric ‘planned’ harbour village.
PRECEDENT
We gave a few local examples in the Design Statement pages 9-10, of forms that
present different aspects of contemporary change, that show the variation, what
has been approved through previous Planning Applications and how these all
form the character of an area.
The character of the area is made up of good and bad examples of change over
time, though here we do work within a framework to foster holistically an im-
proved environment - we say in our design studio we need to ‘build back better’,
this is our starting point for all projects, to offer a quality of architecture that is vi-
sually exciting, creating an environment that nurtures and protects whilst embed-
ding a responsibility towards exceeding energy regulations & offering design so-
lutions to provide comfort & sustainability. There is a balance between aspiration
& reality, we guide every project to a built form that is responsible & deliverable.
There are precedents in:
- West Bank GARMOUTH                                    130 Seatown CULLEN
15/02162/APP                                                    18/00843/APP
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Prescalton ARCHIESTOWN
20/00401/APP 
I know the authority will claim that these schemes were approved under an older
policy regime, though it is clear the intent of policy has changed little other than
becoming slightly more prescriptive in wording in certain aspects and all of these
examples have been considered recently and the approved additions to settle-
ments and dwellings are determined under the same auspices of social & eco-
nomic policy in relation to character of the host dwelling and their locations.
These additions are now part of that character and location.
There is nothing we are proposing with the additions to 35 Gordon Street that ad-
versely go beyond the auspices of DP1 as the roof additions cannot be classed in
there pitched 3D forms as box dormers.
We’d welcome at this point any comment you have with regard to our mitigation
of the submission, as you will realise that the applicant is keen to retain the pro-
posal as submitted.
We have advised the applicant of a likely scenario with the determination process
and any need to go to a Moray Local Review Body [MLRB] where NMD with our
Planning Consultants would need to expand on the submission documentation
and this letter in support of a Notice of Review [NOR]. 
e: nick@nickmidgleydesign.co.uk    www.nickmidgleydesign.co.uk11
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If the authority are to determine with a refusal, the submission can then be pre-
sented, explained and discussed/determined via a NOR with the MLRB  Mem-
bers in the context of:
“matters of wider community interest and/or planning significance”
We appreciate your attention, if there is any further dialogue needed at this junc-
ture please do contact me direct or I’m quite happy to meet, as I’ll be local over
the next week/10 days.
Yours faithfully
Nick Midgley
NMD
cc  Claire Lambert
e: nick@nickmidgleydesign.co.uk    www.nickmidgleydesign.co.uk12
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
historic  
contemporary
contextual 
PROPOSED  design & context data for extending 
No 35 GORDON STREET  Portgordon  AB56 5QR
01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313          17.05.2022
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

EXISTING - photo survey - internal/external ground & first floor images 001
NMD©                         
historic  
contemporary
contextual




01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.photo survey 001  12.08.2022   page  1
002 north-mid front elevation 004 street view east 005 street view west001 north-east front elevation 003 north-west front elevation
006 front door jamb/lintol stone detail 007 front window jamb/lintol stone detail 008 front window jamb/lintol stone detail 009 front north elevation
cherry-cocking stone detail
010 front door jamb/cill/step stone detail
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

EXISTING - photo survey - internal/external ground & first floor images 001
NMD©                         
historic  
contemporary
contextual
01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.photo survey 001  12.08.2022   page  2
011 east gable 015 east gable - east elevation bathroom012 east gable chimney 013 east gable 014 east gable
016 south elevation bathroom 017 west elevation bathroom 018 south elevation kitchen 019 south elevation kitchen window
concrete cill
020 south elevation & boundary to No 33
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

EXISTING - photo survey - internal/external ground & first floor images 001
NMD©                         
historic  
contemporary
contextual
01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.photo survey 001  12.08.2022   page  3
022 east elevation garden store 023 north elevation garden store021 south elevation - west chimney 024 east garden store window - steel 025 east garden store window inside - steel
026 west elevation inside garden store 027 south elevation inside garden store 028 east elevation inside garden store 029 north elevation inside garden store 030 south elevation garden store
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

EXISTING - photo survey - internal/external ground & first floor images 001
NMD©                         
historic  
contemporary
contextual


01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.photo survey 001  12.08.2022   page  4
031 south elevation from garden 032 bathroom east/south elevation 033 bathroom north/east elevation 034 back lobby view south 035 east living room view south
036 east living room original gas fire
back boiler during removal 2021
037 east living room original gas fire
back boiler during removal 2021
038 east living room fireplace repairs
during 2021
039 east living room fireplace repairs
during 2021
040 east living room original slate hearth bed
exposed during 2022 part made up of roofing
slates
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

EXISTING - photo survey - internal/external ground & first floor images 001
NMD©                         
historic  
contemporary
contextual
01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.photo survey 001  12.08.2022   page  5
041 west living room fireplace repairs
during 2021
042 west living room fireplace opening
removing 1930-50s surround during 2022
043 west living room fireplace opening
removing stone fill during 2022
044 west living room fireplace opening
removing stone fill during 2022 045 west living room fireplace reopened
046 west living room north front view 047 west living room fireplace opening
removing stone fill during 2022
048 west living room rear/south wall
original window blocked-up
049 front north entrance lobby view west
050 front north entrance lobby view south stair wall
wallpaper layers
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

EXISTING - photo survey - ground floor images 001
NMD©                         
historic  
contemporary
contextual


01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.photo survey 001  12.08.2022  page  6
051 kitchen view west 052 kitchen view east 053 kitchen view south
054 stair 055 stair winders 056 entrance lobby view east
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

EXISTING - photo survey - ground floor images 001
NMD©                         
historic  
contemporary
contextual




01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.photo survey 001  12.08.2022  page   6
057 East bedroom - 1st floor removing
tank housing to gable wall
058 East bedroom - 1st floor void
behind tank housing to gable wall
059 East bedroom - 1st floor void
behind tank housing to gable wall
060 first floor landing/passage/stair
2021
061 first floor landing/passage/stair
removing partition wall 2021
062 first floor west bedroom 2022 063 first floor landing/passage/stair
2022
064 East bedroom - 2021 065 East bedroom - 2022
7
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

EXISTING - photo survey - ground floor images 001
NMD©                         
historic  
contemporary
contextual
01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.photo survey 001  12.08.2022  page   7
066 void under kitchen floor 067 void under kitchen floor 068 kitchen wall clock 069 ground floor internal door pull
handles
070 1st floor internal door leverl
handles
071 kitchen lamp shade 072 bdroom lamp shade 073 old postcards found behind
east living room fire surround
075 original 1960’s carpet found under
east living fire surround/hearth
076 cracked fireplace lintol to east
living room fireplace
8
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

EXISTING -photo survey ground floor plan 001
NMD©                         
historic  
contemporary
contextual
01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.photo survey 001  12.08.2022
EXISTING ground plan
33 37
garden store
side
passage
access
bath
living livinglobby
lobby
sloping garden N
entrance
concrete
area
to be removed
001002003
004 005
006007
008 009010
011
012
013
014
015
016
017
018
019
020
021
022
023
024025026027 028
029
030 031
032
033
034
035
036
037
038
039
040041
042
043
044
045
047 048
046
049
050
051
052
053
054
055
056
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

EXISTING - photo survey - internal first floor plan 001
NMD©                         
historic  
contemporary
contextual
01422 255 818  www.nickmidgleydesign.co.uk nick@nickmidgleydesign.co.uk     077 111 82 313           POR.photo survey 001  12.08.2022
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.025  07.03.2022
EXISTING first plan
lobby bed 01bed 02
flat roof flat roof
057
064
065
058
059
060
061
063
062
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
historic  
contemporary
contextual
PROPOSED - DESIGN STATEMENT context, historic mapping, intent & environment 
No 35 GORDON STREET Portgordon AB56 5QR
01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.statement A  18.07.2022      1
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
historic  
contemporary
contextual
Portgordon 
01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.statement A  18.07.2022      2
NMD © 2021       site location
A3 sheet 

DO NOT SCALE

this drawing is a digital 

file indication of scale 

for printing relies on 

true print/sheet sizes 

ANY DOUBT ASK
GORDON STREET
35
35
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
historic  
contemporary
contextual
INTENT
The intent is to alter and update the property, to provide an extra bedroom at ground floor to support multi generational accessible living, extend the roof level/first floor accommodation to improve head
height and volume to the existing bedroom/living spaces and to extend the roof pitch over the flat roofed ground floor bathroom to create a first floor ensuite bathroom.
Overall a complete 21st C renovation of the building fabric, to highly insulate to near Passive Haus standards, damp proof the structure and create an environmentally friendly airtight envelope with an
energy efficient wet underfloor heating system [UFH], married to well managed smart energy control, with the allowance for future incorporation of either heat pump technology or hydrogen ready heat
generation.
The existing fabric and materials will be retained externally to the north Gordon Street Elevation there will be no outward alteration or physical changes.
FAMILY living
The accommodation is to provide family accommodation for the applicant, to create a sensitive refurbishment of the existing spaces and with minimal new built footprint to improve the volume of living
space, to let more light into the property, to nurture a healthy 21st C environment and to preserve the property for future generations.
HERITAGE setting
It is important to the applicant to preserve the intrinsic character and qualities of this heritage [mid 1800’s] dwelling but to also improve and contrast the new additions, to give an holistic response, that is
not slavishly mimicking an historic style with a weak pastiche - but to offer strong yet sympathetic new forms. With embedded vernacular and historic references, whilst offering a contemporary response. 
The form and character of the village is unique, as the settlement was a new community and a planned build by the Duke of Gordon’ though not as formal as Tomintoul or Fochabers due to its geography
on a relatively narrow foreshore strip. The creation of ‘Port Gordon’ linked the existing settlements of Gollachy and Port Tannachy.
With these modest interventions to the property, we are conscious that the proposals are contemporary - but respond to the here and now of the village and its flow through history.
01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.statement A  18.07.2022      3
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
historic  
contemporary
contextual
SETTLEMENT history & context
In the late 1700’s Buckie was the principal fishing community on this local part of the coast. At that time fishing was by line, in boats no larger than 14 tons. Development locally of the industry was limited
by the lack of proper harbours and disputes amongst the three owners of the various local boats. 
One of these local owners, Alexander, 4th Duke of Gordon, decided to establish a new village, just to the west of the tiny community of Gollachy, which comprised but a few houses in the area that is now
Gordon Street. Work was underway on the harbour by 1795 and stone was being shipped from Lossiemouth in 1796. In 1797 houses were built for ten fishermen and their families from Nether Buckie
which resulted in the communities of Tannachy and Gollachy being joined together as Port Gordon [Portgordon].
Portgordon developed with other uses for the harbour other than purely fishing, with its developing growth and commercial advantage, it started exporting timber and quarry materials, overtaking Buckie in
importance. The village thrived into the late 1800’s and early 1900’s. By the 1850s a post office had opened and there were many coopers, fish processors and net makers. By 1861 the population had
grown to around 630. The opening of a fertiliser factory in Keith lead to traffic in bones through the harbour too. The harbour was also used for the export, from further inland, for timber and stone. 
John Gordon of Cluny was the member of the Gordon family to build the ‘modern’ Gollachy part of
Portgordon, at the east end of the village, the [applicants] house/property at No 35 was still owned by the
Gordon family and passed to his illegitimate son John, then the majority of Portgordon property ended up
with his wife after his death 1878.
The house was built just before the railway was built, as it’s shown on the 1870’s plan proposals which the
applicant has sourced from the National Record in Edinburgh - but not on the 1860’s survey. Various routes
were muted for the coastal railway between Portsoy and Elgin with the route through the village being
established by an Act of Parliament 1881 and following a line through the mid level of the coastal slope,
avoiding most of the existing dwellings, though not requiring to climb to the higher ground to the south of
the village. The railway has defined the southern limit of the property, with Gordon Street to the north.
With the railway planned in about 1845 and built and opened by 1886, as referenced in the searches in the
title documents for the No 35 property.
In 1956 No 35 came into the family who the current owner/applicant purchased it from. The current dormer
windows were added later and from internal structural inspection, noting the carpentry & machine sawn
timbers/fixings dates them around c1900, this corresponds with the decline of fishing and artisan uses of
the properties when predominantly the upper floor was used for storage. It’s likely that the first floor
accommodation became habitable space.
A boat-building industry began, and in the early 1900’s local boat yards were ranged on the foreshore to the
east of the harbour, first constructing Zulu’s and from 1903 steam drifters. In 1907 one yard employed fifty
men and launched a drifter every month or so - but this business in drifters had dried up by 1915, though                        
the yard continued to produce salmon cobles. 
Since the 1960’s there has been a steady decline in fishing & coastal industries, the village now has been occupied by families who draw occupations from a wider region, in the first part of the 21st C the
village has seen people and families moving in from outside the local region, though the village is predominantly still owner occupiers, with only a very few holiday lettings or tourist related occupations. 
01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.statement A  18.07.2022      4
map 1825-40’s
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
historic  
contemporary
contextual
01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.statement A  18.07.2022      5
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Portgordon
harbour view
from west
context images views
from east & south
photographs show earlier
two storey mansard
roofed outbuilding
to the rear of 37/39
historic view of harbour
illustrating groupings
of ancillary sheds
& workshops
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
historic  
contemporary
contextual
LISTED historic buildings locally 
It is interesting that in the ‘fisher town’ of Portgordon there is only one listed building, as there are many good examples of heritage dwellings & structures, all with their own merit, that create the unique
setting and character of this historic coastal settlement.
PORTGORDON 2 EAST HIGH STREET                LB15522       Category C
Date Added  22/02/1972
Local Authority Moray
Planning Authority Moray
Parish   Rathven
NGR   NJ 39650 64244
Coordinates  339650, 864244
Description
Early 19th century. Single storey, 4-bay cottage with single bay return elevation to Gordon Square (W). Rendered rubble with later long and short detailing.
Entrance with panelled door flanked by windows with varied glazing; blocked doorway in outer bay at right; single window in W elevation (to Gordon
Square). Renewed brick end stacks; piended slate roof.
PORTGORDON, GOLLACHY ICE HOUSE             LB15546        Category B
Date Added  25/04/1989
Local Authority Moray
Planning Authority Moray
Parish   Rathven
NGR   NJ 40260 64565
Coordinates  340260, 864565
Description
Earlier 19th century. Rectangular rubble ice house with long elevations E and W, and off-centre entrance in E. Modern pinkish harl. Piended turfed roof
with blocked chute. Ramp at W leads from road to ice house at roof-height.  INTERIOR: steps descend from doorway to ante-room (cool chamber) from
whence a further doorway leads to single chambered vaulted ice house.
Statement of Special Interest - Unusual ice house in that it is sited on the shore and excavated rather than being built into side of hill. Restored by Moray
District in 1970s.
Gollachy Ice House planning approval 17/00155/LBC
01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.statement A  18.07.2022      6
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
historic  
contemporary
contextual
ASSET nature & context
Whilst there are only two immediate Listed Buildings close to the applicants property and the village is not a Conservation Area, the heritage assets form this planned village and the inherent preserved
history of the settlement, this places it equally with other historic settlements on the Moray Coast. It is relevant with new proposals for development to be conscious of the heritage setting, the quality of
environment and the catalogue of vernacular properties that are a good record of the social and economic development along this immediate part of the coastal strip.
The applicants property is part of the latter construction of the eastern end of Gordon Street in the mid 1800’s, the linear development of the Gollachy part of the village, built on the available land that is
slightly higher than the foreshore with its naval uses and the abrupt coastal slope to the south, this slope was likely steepened at this eastern end of the village with the construction of the railway.
The original properties prior to the planning of railway on Gordon Street were likely to have been built in the first quarter of the 19th C, as the railway was at this point planned on the south side of the
village at the top of the coastal slope - these properties we know through discussion with owners on Gordon Street, had longer gardens extending right up to the top of the coastal slope and to the rear of
where it was, until more modern development, just farmland.
The gardens to the last 9 properties on the south side of Gordon Street from 33-49 were planned with shorter or no gardens [see the map/plan below] though its likely concurrent with the railway
construction, as the land was all in the ownership of the Duke of Gordon gardens were bundled together, when the railway was built or later in 1956 when the land was sold by the benefactors of the
Gordon Estate into private ownership. This indicates that the nature of the street and the land adjoining the property has altered little since the mid 1800’s.
With the proposal we are conscious of the social & economic progression of the village and this design reflects the architectural history of the immediate area whilst also bringing to a fore the
contemporary style and use for this property into the 21st C and beyond.
01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.statement A  18.07.2022      7
map 1902 legal document 1956 archive map pre Act Of Parliament for railway construction 1825-50
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
historic  
contemporary
contextual
This historic dialogue is evidenced for properties along Gordon Street being used for the boat building and fishing industry. The photographs shown on the adjoining page 5, shows the property to the east
of No 35., [No 37/39] had well into the 1950-60’s a large sail/net loft or 2 storey workshop to the south. As a full two storey structure, it appears to be dark stained, presumably timber framed/planked
building, with a steep mansard type roof and a flattened top. This style of building is typical of sail/net lofts from many east coast communities, where sails or nets could be rigged and stored vertically for
repair and drying.
The photographs and mapping [pages 5-9] also show that previously the area to the south of the ribbon of symmetrical houses along Gordon Street, had many varied and different forms of outhouse and
potentially ad-hoc dwellings/workshops, mostly on the flat low area before the coastal slope developing a tight and varied built form under the coastal slope.
Many of the these forms and structures remain and more recently there has been a steady growth in new ‘garden and workshop’ ancillary buildings developed as adjuncts to the historic properties. Often
these structures are single storey with flat or pitched roofing, though some are two storey. A strong relationship is established between the formality of the street frontage and back plot ancillary
accommodation which creates varied and visually interesting variation in scale and forms within the tight village plots.
This is a typical character of the areas to the south of Gordon Street and the loose grid of dwellings closer to the harbour - historically there will have been more shed, workshops and storage buildings
around the harbour [image page 5].
Some of the rear development to property along Gordon Street is attached to the existing houses or equally detached. Development has historically been tight on boundaries and parallel with neighbour
structures. The aspect from dwellings is predominantly north and south with very little gable or boundary fenestration.
The images [on page 9]  illustrate the close knit ad-hoc
arrangements of the ‘backland’ structures and vernacular
forms of roofscape, sheds and workshops, compared to the
more formal linear character of the Gordon Street frontage,
Hope Street and leading into east High Street East and
Gordon Square to the south of the harbour. Despite the more
formal planned nature of some of the historic villages, the true
Moray character is made up with the ranges of cottages and
by the varied scales around each property, vernacular forms
and the loose development of ancillary buildings that is part of
the predominance of the Moray village characteristics.
The growth of Portgordon within the topographical constraints
and within the older part of the village beyond the ribbon
layout, has to a greater extent been organic, built structures
and forms of varying scale, one two and three storey
sometimes with high pitched roofing and steep gables, these
dwellings fill the spaces between the harbour shore,
roadways and alleys. 
Giving an intense footprint of buildings, that only dissipates
suddenly to the east on the side of the foreshore, this is
where the ownership of the land is that of the Crown and to
the south where the village was ultimately confined by the
railway.
01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.statement A  18.07.2022      8
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
historic  
contemporary
contextual
The foreshore historically provided for boat building, the sheds and enclosures must have been transient as little on the historic map surveys records this industry. The now privately owned ranges of
drying frames were apparent for fishing equipment and then more latterly used as communal washing lines - the immediate foreshore/access lane now provides for parking and access to the houses on
the north side of Gordon Street - as the north side of the A990 roadway is not usually used for residential parking.
The houses on Gordon Street to the south use the street frontage for parking, the frontages of the dwellings stretching to +13m providing ample space for 2-3 vehicles outside each dwelling. 
CONTEXTUAL vernacular precedents 
01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.statement A  18.07.2022      9
Tannachy - out buildings Gordon Street - outbuildings Kingston - outbuildings Spey Bay - varied forms & outbuildings Kingston WW2 vernacular
Portgordon varied roofscape Portgordon varied roofscape Gordon Street view west
No 35 & 37
Tannachy varied forms Kingston - monopitch
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
historic  
contemporary
contextual
CONTEXTUAL contemporary precedents 
01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.statement A  18.07.2022      10
West Bank GARMOUTH
18/00843/APP
incongruous modern box
dormer to front elevation
130 Seatown CULLEN
15/02162/APP
modern well designed two
storey addition to dwelling
in Conservation Area
Lennox Brae FOCHABERS
17/00907/APP
modern replacement
dwelling - well
designed form and
context in
Speyside setting
Dalmunach Distillery STRATHSPEY
large contemporay
structure in rural
open setting contextural forms
relating to historic vernacular
© Norr Design
Strone Cottage NEWTONMORE
contemporary refurbishment &
extension of existing croft
exemplary modern building
within Cairngorm National Park
© Loader Monteith
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
historic  
contemporary
contextual
NEW BUILD intent
The intent is to alter and update the property, to provide an extra bedroom at ground floor to support multi generational accessible living, extend the roof level/first floor accommodation to improve head
height and volume to the existing bedroom/living spaces and to extend the roof pitch over the flat roofed ground floor bathroom to create a first floor ensuite bathroom.
Overall a complete 21st C renovation of the building fabric, to highly insulate to near Passive Haus standards, damp proof the structure and create an environmentally friendly airtight envelope with an
energy efficient wet underfloor heating system [UFH], married to well managed smart energy control, with the allowance for future incorporation of either heat pump technology or hydrogen heat source
generation.
VISUAL and local amenity
The existing fabric and materials will be retained externally to the north Gordon Street Elevation there will be no outward alteration or physical changes. The intent is to be contemporary both in the
arrangement of the dwelling and also in the visual aspects of the new additions to the south/rear.
Contextually the intent for the new build rear/south additions, is to carefully moderate the scale and form, the roof level additions are to be built within the roof and to reuse the existing slate for the new
pitches, the ‘dormer’ window arrangements are to be varied pitched forms, with a shallow pitched capping in standing seam zinc or folded aluminium sheet. The new wall cladding is to be a crisp dark
stained larch boarding, whilst window openings are to be contrasted with natural coloured timber edge framing - these are all vernacular features, reinterpreted and expressed in a contemporary form -
the pitched roofing moves away from the plethora of awkward ‘box dormers’ dotted around the village on historic properties, here we intend for the scale of the additions to create a comfortable dialogue
with the host dwelling, respecting the form and mass, not to be over bearing, creating additions which are obviously ‘of a time’ and visually pleasing but secondary to the host form.
Looking into the site from neighbours the aspect of the new forms will be pitched slate roofing reusing the small format natural slates, longer views into the dwelling from the south are from the higher
ground of the old railway/coastal trail, this aspect is physically separated from the public domain by a 1.5m earth bund and currently low 1.2m boundary fence, reinforcing the separation of the property
from public areas. Mature planting in the garden area breaks up any direct views of or into the the property. The partial views of the additions that can be seen from the neighbours and the public realm
will be visually interesting and protect amenity.
Non of the new first floor windows overlook the neighbours private amenity and the window facing west from the first floor ensuite bathroom is to have obscured glass.
The flat roof over the SE bathroom addition is removed by building over with a ‘within the roof’ two storey [inc. the roof] pitched roof addition, this form sits below the existing ridge and only extends over
the existing footprint of the bathroom.
The flat roofed garden store to the SW is to be rebuilt utilising only the existing footprint and volume, it is to be joined to the main house, building over the void and filling the space and minor opening to
No 33, the new build footprint proposed here is c6.5sm in total [1.8x3.6m] and 2.4m high to the gutter line.
This existing partial boundary opening is currently screened by the No 33 garden fence which is at a higher elevation and the lower cement rendered boundary wall to No 35 - the height of this link will be
below the gutter line and contiguous with the existing storeroom height.
It should be noted that building on boundaries with single storey adjuncts are typical of the Portgordon plots, with a recent large scale infill at No 17 Gordon Street [18/00193/APP], adding a two storey
extension on the boundary, in contemporary style with a distinctive mono pitch roof. Closing this boundary gap to the east of No 33 will have little detriment to amenity and increase privacy.
The neighbour to the west at No 33 has now constructed a garden extension structure, single storey under Permitted Development [PD], other than the extension over the bathroom at No 35, the other
proposed works to provide the roof dormers and the garden store rebuild, would all have been permitted under PD. We do not consider the proposals reduce visual or domestic amenity of neighbours.
The neighbour at No 37 to the east has a large box dormer the length of the property, the new roof pitch over the bathroom at No 35 screens any direct views from No 37.
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
historic  
contemporary
contextual
CONTEXT for the design
The proposals relate to the examples of vernacular forms and secondary adjuncts to dwellings found locally around Portgordon and in the immediate coastal vicinity.
The dark stained timber and simple recessed window and door openings are typical of the extensions, sheds and workshops found along the coast [see page 9-10], varied heights and massing are typical
of additions to the historic dwellings, varied roof pitches and contrasting use of materials are reflected in many of the coastal villages.
We have chosen forms that reflect the sheds and additions to older dwellings - but we have with crisp architectural detail and careful selection of materials, attempted to design a response that is 21st C,
whilst borrowing its lead from history. The additions will be subtle and secondary to the host dwelling, of a scale and form that marries well in local context and built in a manner that weathers well and
requires simple yet minimal maintenance.
The contrast of stained timber, sheet metal with simple and defined openings all features that have a contemporary vernacular dialogue, whilst reflecting the history of build techniques and the locally
sourced and used materials. The forms are subtle, visually interesting - but not so overt as to contrast awkwardly in the neighbourhood.
MATERIALS and build
We have spent time sourcing windows and doors in particular, we do not specify, where possible plastics in our builds, this is paramount in window and door specification, we feel it is important to use
window and door units that in their detail and function give a strong visual reference and contribute to the overall quality of the project.
The proposal is to replace windows with the traditional format and proportion of casement timber windows with a natural low gloss paint finish, to pick-up on the existing local heritage style and forms,
whilst ensuring a contemporary unit is used that provides the best performance, style and eco credentials. 
We have a track record of over 25 years working with high performance triple glazed factory painted, authentic ‘Scandinavian’ style windows. We propose a traditional style and construction of casement
sash window, available in high quality sustainably sourced laminated SW timber framing, with a low gloss self coloured aluminium skin externally. 
Narrow traditional format 24 mm glazing bars maintain the heritage style, as well as being low maintenance long-lasting windows - high quality crafted windows that are CE-marked, using FSC timber -
guarantee of energy performance - with a cottage window style, this is a rare proposition 
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
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Designed to provide an effective barrier against inclement Scandinavian weather, a triple- glazed argon filled window unit is one of the best solutions available. It allows us to strike the balance between a
light-filled home with views of the outdoors, and one that will stay warm and cosy throughout the chilliest of winters - in addition to impressively low U-values 1.0 or better, the low-maintenance outer-face
gives great performance for years to come with minimal upkeep. The solid timber core of the windows means they score high in terms of acoustic and thermal performance whilst looking good.
The new structures to the rear/south side of the house will be highly insulated timber frame panels, clad vertically in locally sourced T&G smooth sawn larch, tightly jointed. Dark stained with black Sadolin
Extra a low sheen high performance low maintenance opaque wood stain - this form is redolent of the vernacular vertical plank on plank boarding found in the coastal buildings along the Moray coast.
The shape of the roof extension and the build-up over the bathroom reflects previously the neighbour structure of the workshops, net and sail lofts [page 5], tar painted, board on board cladding, bluff
facades and sculptural yet functional built form.
Through the Pre App discussion and understanding the new ‘Local Plan’ guidance, we know there is a move away from the plethora of applied ‘box dormers’, in some cases there are good examples
though often these additions are awkward and out of scale with the host dwelling [page 10].
The proposal with the redevelopment of No 35 is to bring a heritage asset back to good repair and to upgrade the scope of the accommodation and renew the fabric to foster a good 21st Century living
environment.
The property had until mid 2021 been empty since 2019, there had been only minor upgrading in the last decade, with a grant funded basic central heating system, plastic UPVC windows and a plastic
lined wetroom/accessible bathroom installed for an elderly occupant.
The scope of the accommodation is dated and largely unchanged in the layout from the early 1900’s. The property is by todays standards poorly insulated and has a relatively primitive heating system
with very limited management/control not conducive to energy efficient comfortable 21st C living.
The intent is to complete an invasive refurbishment, strip and remove wet/dry rot and all deleterious material. Currently the ground floor timber floor joist structures sit within the sand & gravel of the
foreshore, there is no damp proofing. The dwelling structure is of solid sandstone walling, this typically the lowland Moray outcrop sandstones of Upper Old Red Sandstone age, which were widely
quarried along the ridges from Alves to Elgin, with very large workings at Newton and in Quarry Wood. 
This stone is creamy yellow to pale pink in colour and the textures vary from pebbly, through gritty to fine-grained varieties. Externally the higher quality fine grained dressed sandstone is used around
openings to the north, whilst internally the softer [cheaper] pinker sandstone rubble walling is predominant.
Externally the bays of north facing walling are courses of mis-shapen random or field rubble, that are infilled or caulked with smaller pieces, locally known as 'cherry-cocking'. This is a very old practice
which has continued well into this century. Amongst early examples are the walls enclosing the garden at medieval Pluscarden Abbey and the park walls at Rothiemay House, occupying the site of
Rothiemay Castle.
The intent is to re point the external walling with a lime/grit mortar, the rendered areas of walling to the east/south will be retained as they are in good condition.
Typically internally the walls are dry lined/battened in hardboard/plasterboard, with the original roof structure slated/boarded over a heavy ‘A’ frame rafter and floor joist, half lapped joints and skew nailed.
The low slate pitched dormer faceted windows are from the early 1900’s and cut through the roof frame structure and extend into what was formerly roof void. The staircase and ground floor partitions are
relatively modern and plasterboard.
The interior will be stripped out, new dry lining to the walls with near Passive House insulation installed, floors removed and excavated and relaid with damp proof tanking, insulation and a wet underfloor
heating system run off either an air source heat pump or eventually a hydrogen ready boiler system. The upper floor will see the roof stripped internally and insulated to the same high standards, vapour
barriers installed and relined. The existing roof is to be relayed with the existing slates with reclaimed matching slate to replace/add-to as required.
ENVIRONMENT low embodied carbon - principles of design
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
historic  
contemporary
contextual
NMD only specify natural and sustainably sourced materials, we tend not to specify first use plastics where possible, preferring recycled building products reusing plastics, polyester and natural materials,
we don’t use plastics in situations where they can degrade and breakdown into micro particles or give off toxic gaseous emissions that cause illness, pollute living environments and the natural
environment.
We look to buildings to be very low maintenance, minimise intensive maintenance like repainting, this reduces the breakdown of deleterious materials into the environment - as such specifying natural
materials that need little or no protection with products like solvent based paints or stain coatings:
- We often use Larch from sustainable local sources, which akin to Cedar when used where it is properly detailed, has a 90+ year design life and carries a very low embodied carbon.
- We frequently use Sheep wool insulation, which is a grass fed natural grown organic material, this uses a material that is now virtually a ‘modern waste product’ - in use it absorbs toxins and locks them
away, it filters moisture and dries out structures naturally and is one of the only high performance ‘quilt’ like insulants that has a very high insulating value when damp. It is not an irritant when being
installed and has a design life when correctly installed in excess of 100 years.
- Recycled polyester insulation married to recycled plasticised aluminium foil membranes, create a high performance airtight ‘thin layer’ quilt, that also acts as a vapour barrier and providing internal
waterproofing to solid masonry structures - with a 70+ yr life.
- Recycled slate for roofing repairs is a material with a design life that is almost infinite, within a correct traditional installation - very low in embodied carbon.
- We minimise concrete/cement use and maximise use of natural lime/sand mortars.
- We minimise blown gas slab insulant slab use, only using it ‘sealed’ within structures to prevent the breakdown of the material and release of deleterious toxic gases into living spaces.
- We do not specify any products with embedded formaldehyde or solvents.
- We limit the use of gypsum products.
- When we specify aluminium and steel - it has long life galvanised or powder coat finishes - used in shallow pitch roofing and/or preformed gutter and downpipes.
- We only specify smart heating systems - designing dwellings to be close to Passiv Haus standards, energy systems that are ‘hydrogen ready’ or run from bio source materials or heat pumps and MHVR
systems with smart user friendly control systems collect and recycle heat.
- All our dwelling designs rely on natural ventilation patterns.
- We design all buildings to maximise natural daylighting to provide a good natural living environment for all seasons.
- We specify argon filled energy coated triple glazing, in aluminium skinned natural timber framed windows, low maintenance and high eco performance - also offering high security and good acoustic
insulation. The units generally have a minimum 75 yr design life and are warrantied for 25 yrs.
- We only install LED lighting with dimming and temperature control ‘app’ operated smart systems to mange switching periods.
- We source the majority of build elements local to the build site, to reduce embodied carbon, minimise vehicle movements and to support small local business & economy.
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
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- We design build programmes to minimise local disruption with a zero tolerance on emissions of dust and dirt, we design in working practice on site to create clean safe working environments.
- We do not use suppliers or practises that support ‘modern day slavery’, we do not source materials from parts of the world or regimes where the environment, human rights and basic freedoms are not
respected.
- Already No. 35 is zero fossil fuel - it only uses wind/solar source electricity and renewable bio gas.
- We incorporate where possible ‘flat-roof’ Sedum Turf planting or similar, to foster bio diversity and modify surface run-off to reduce local flash flood drainage issues. We minimise hard surfaces to
reduce surface run-off and incorporate natural ground percolation for managing storm water/surface water and flash flooding.
DRAINAGE SUDs - reduction in surface water run-off 
The scheme overall improves surface water run-off and reduces the amount of hard surface drainage going to the local drainage system and modifies peak rainfall drainage from flat roof areas by
introducing Sedum Turf that slows surface storm water surge run-off.
The run-off currently from pitched, flat roofing and concrete areas is collected by gutters, RWP’s and back inlet gullies, that drain to the combined sewerage/rainwater system locally in the village.
Currently the house and garden store has a combined plan footprint of 102sm, the link addition between the house and store will add 6.5sm, a 6% increase in ‘built over’ area for this development.
Though this is tempered by the intended removal of the south side concrete forecourt in the garden, this is to be replaced with a free draining gravel area, allowing a natural soak-away into the ground for
these external amenity areas, this is an area of 35.5sm [equivalent to 33% of the building footprint], by removing this concrete area, we reduce the drained surface area going to surface water run-off and
the existing drainage system by 24%.
A gross mitigation of a reduction of 24% surface area rainwater to the drainage system.
HIGHWAYS sustainable access & parking
The dwelling is served locally by the Inverness to Aberdeen No 35 bus route within some 20m of the front access door on Gordon Street, this links the village directly on a near hourly basis from
5.00am-11.pm daily Mon-Sat and 10.30am-11.00pm Sundays, this system allows connections to mainline railway stations in Elgin, Inverness, Aberdeen and local points in-between. And allows bus links
from Elgin, Inverness & Nairn direct to Inverness Airport. This allows sustainable access to local, regional and national access to education, healthcare, retail outlets, employment and leisure
opportunities.
Parking is available on the south side of Gordon Street, with nominal 2-3 spaces per dwelling,  with north side Gordon Street residents having private off road parking behind their properties on the north
side foreshore lane or within their own garden forecourts. There is also availability of extra visitor parking within 300m, at the ‘free-use’ harbour car park.
FLOOD risk - non for applicant site - even with predicted 1m level increases for coastal flooding/surges as the property sits 5.5m above the high tide level
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
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COASTAL flood risk
RIVER flood risk 
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
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contemporary
contextual
SURFACE water flood risk 
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
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IMPACT on the asset positive outcomes 
All the intent is to improve upon the status quo, to add to the longevity of the property with a sustainable, workable, contextual renovation and maintenance programme, that is easy to carry forward
enhancing the accommodation for modern living. 
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
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Whilst retaining in balance an historic perspective - with the intact heritage assets along Gordon Street and within the historic setting of the village and in the wider aspect of the Moray coastal area.
This dwelling is an important part of the village - in the here and now, historically and in the future - by developing this property to foster renewed use and life for the 21st C, we can preserve historic
features, the vernacular detail and character, making sure that for generations to come, that the village of Portgordon and the context of the setting is enhanced and preserved. 
FEEDBACK 21/01027/PEHOU in blue NMD response from Pre App
• -  As a semi-detached property due regard must be given to neighbouring residential amenity. It is recommended that any future planning application provide details of any overshadowing analysis
undertaken as part of the proposal development. Whilst the presence of the high boundary fence is noted, the proposed ground floor link lobby will effectively enclose an existing gap to the
proposed downstairs studio/bedroom. 
• The neighbour at 33 has started a Permitted Development ground floor single storey extension across the rear/south of their property - this occupies a larger area than the proposal at 35,
it is at a similar height to our proposal, the gap between 33 & 35 and the aspect of over looking and/or over bearing will be mitigated by the side/boundary with both properties being
largely unaltered as there is already a tall fence, as shown on the design information, closing most of the boundary on the side of No 33, our extension/infill is the same height as the
existing outbuilding and lower than the fence at 2.4m.
• -  The contemporary design proposed is recognised and understood, however, reference is drawn to part g of the policy which highlights that pitched roofs will be preferred to flat roofs and box
dormers are not acceptable. In light of this parts of the design could be reconsidered, albeit it is recognised that the flat roof on to the adjoining property serves to limit the height of that part of the
development and incorporates a living/green roof which could bring bio diversity benefits. It is also acknowledged that flat roofs are already present at the property. In terms of the policy wording it
is ultimately box dormers which are not permissible under the terms of the policy, and could be addressed by deploying a shallow downward pitch to the single box dormer window. 
• We acknowledge the ‘DP1’  we have amended the original design and copy here the intent to only have pitched roofing - we now have more detail measured survey information for the
property and the proposed new roof pitch to the ‘top’ of the proposed roof adjuncts, serves to create adequate ‘head room’ internally and incorporate pitched roof extensions, whilst also
maintaining the roof extensions well below the existing ridge, we have spaced out the roof interventions and removed the plain box dormer from the Pre App proposal. The intent is to form
this volume as an asymmetrical slate roofed, pitched dormer - picking up on the form of our contemporary design theme, the dormer proposals now marry the design intent with the
extension at first floor to the east over the bathroom - we read that the Pre App response has broad policy support for these contemporary forms and materials.
• -  The materials suit the design proposed and would likely sit well as part of the overall contemporary design alongside the existing property given the use of slate roof tiles to tie the extension into
the existing roof. 
• -  The proposal is proposals a contemporary intervention to a traditional property and an overall scale which would appear appropriate to the existing property, there would appear to be scope to
alter the proposal to comply more readily with Policy DP1 part g. 
• Noted
Transportation comments: 
This proposal is for alterations and extension to an existing dwelling and does not trigger the requirement to provide additional parking. 
Note - Parking is on- street only and there is an informal agreement in place between 
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the property owners to park only on the northern side of Gordon Street. 
No alterations are proposed to the existing entrance doorway onto Gordon Street. Transportation would therefore have no objections to the proposal. 
The property owners on the north side of Gordon Street invariably use the open access lane to foreshore in the the north and park within or behind the properties on private land - there is no intensity of
parking on the south side of Gordon Street and frontages of properties are usually in the applicants section of the neighbourhood of c14.5m giving ample space for upto 3 vehicles parallel parked.
All applications must make provision for surface water drainage and this means that all applications must be supported by a drainage statement which details and evidences the drainage design
proposed. More information can be found on the Supplementary Guidance for all developments on drainage design and flood risk: 
The intent with the reduced run-off of storm water by incorporating sedum roof turf planting is also to remove the concrete hard standing to the rear/south of the property with free draining ground build-up
- this reduces surface run-off and reliance on surface water drainage this removes 24% of the existing areas relying on drainage services.
In all there will be a reduction in surface run-off by 24% due to this design mitigation for handling surface water and there will be a reduction in surface water going to the existing top water drainage
system in the village.
Design Statement to support the contemporary design 
This document embraces the ‘Design & Access Statement’ which explains the rationale of the acces, living, form of the design and submission in the context of the location and planning policy
POLICY sources particular relevance in blue
Moray Local Development Plan 2020
PP1 Placemaking
• a)  Development must be designed to create successful, healthy places that support good physical and mental health, help reduce health inequalities, improve people’s wellbeing, safeguard the
environment and support economic development. 
• b)  A Placemaking Statement is required for residential developments of 10 units and above to be submitted with the planning application to articulate how the development proposal addresses the
requirements of policy PP1 Placemaking and other relevant LDP policies and guidance. The Placemaking Statement must include sufficient information for the council to carry out a Quality Audit.
Where considered appropriate by the council, taking account of the nature and scale of the proposed development and of the site circumstances, this shall include a landscaping plan, a
topographical survey, slope analysis, site sections, 3D visualisations, a Street Engineering Review and a Biodiversity Plan. The Placemaking Statement must demonstrate how the development
promotes opportunities for healthy living and working. The landscape plan must set out details of species type, size, timescales for planting and maintenance. 
• c)  To create successful, healthy places residential developments of 10 units and above must comply with Scottish Government policy Creating Places and Designing Streets and must incorporate
the following fundamental principles: 
(i) Character and Identity 
Create places that are distinctive to prevent homogenous ‘anywhere’ development; 
Provide a number of character areas reflecting site characteristics that have their own distinctive identity and are clearly distinguishable;
Provide distinctiveness between and in each character area through a combination of measures including variation in urban form, street structure/network, architecture and masonry, accent features (such
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as porches), surrounds and detailing, materials (buildings and surfaces), colour, boundary treatments, hard/soft landscaping and a variety of approaches to tree species and planting that emphasises the
hierarchy of open spaces and streets within a cohesive design strategy for the whole development
PP1 Placemaking supports the Scottish Government’s aims to create healthy places through high quality design and ensure that Moray remains an attractive place to live and work, and encouraging
inward investment and economic development opportunities. 
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: 
(i) Design 
• a)  The scale, density and character must be appropriate to the surrounding area and create a sense of place (see Policy PP1) and support the principles of a walkable
neighbourhood. 
• b)  The development must be integrated into the surrounding landscape which will include safeguarding existing trees and undertaking replacement planting to include native
trees for any existing trees that are felled, and safeguarding any notable topographical features (e.g. distinctive knolls), stone walls and existing water features by avoiding
channel modifications and culverting. A tree survey and tree protection plan must be provided with planning applications for all proposals where mature trees are present on site
or that may impact on trees outwith the site. The strategy for new tree provision should follow the principles of the “Right Tree in the Right Place”. 
• c)  Make provision for new open space and connect to existing open space under the requirements of Policy EP5 and provide details of the future maintenance of these spaces.
A detailed landscape plan must be 
submitted with planning applications and include information about green/blue infrastructure, tree species, planting, ground/soil conditions, and natural and man-made features (e.g.
grass areas, wildflower verges, fencing, walls, paths, etc.). 
d) Demonstrate how the development will conserve and enhance the natural and built environment and cultural heritage resources, retain original land contours and integrate into the
landscape. 
e) Proposals must not adversely impact upon neighbouring properties in terms of privacy, daylight or overbearing loss of amenity. 
f) Proposals do not result in backland development or plots that are subdivided by more than 50% of the original plot. Sub-divided plots must be a minimum of 400m2, excluding
access and the built-up area of the application site will not exceed one-third of the total area of the plot and the resultant plot density and layout reflects the character of the
surrounding area. 
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g) Pitched roofs will be preferred to flat roofs and box dormers are not acceptable. 
h) Existing stone walls on buildings and boundaries must be retained. Alterations and extensions must be compatible with the character of the existing building in terms of design,
form, choice of materials and positioning and meet all other relevant criteria of this policy. 
i) Proposals must orientate and design buildings to maximise opportunities for solar gain. 
j) All developments must be designed so as to ensure that all new buildings avoid a specified and rising proportion of the projected greenhouse gas emissions from their use
(calculated on the basis of the approved design and plans for the specific development) through the installation and oper- ation of low and zero-carbon generating technologies. 
(ii) Transportation 
• 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. 
• b)  Car parking must not dominate the street scene and must be provided to the side or rear and behind the building line. Maximum (50%) parking to the front of buildings and on street may be
permitted provided that the visual impact of the parked cars is mitigated by hedging or low stone boundary walls. Roadways with a single carriageway must provide sufficient off road parking to
avoid access routes being blocked to larger service vehicles and prevent parking on pavements. 
• c)  Provide safe access to and from the road network, address any impacts on road safety and the local road, rail and public transport network. Any impacts identified through Transport
Assessments/ Statements must be identified and mitigated. This may include but would not be limited to, passing places, road widening, junction improvements, bus stop infrastructure and
drainage infrastructure. A number of potential mitigation measures have been identified in association with the development of sites and the most significant are shown on the Proposals Map as
TSP’s. 
• d)  Provide covered and secure facilities for cycle parking at all flats/apartments, retail, community, education, health and employment centres. 
Garages and parking provision must be designed to comply with Moray Council parking specifications see Appendix 2. 
The road layout must be designed to allow for the efficient mechanical sweeping of all roadways and channels, paviors, turning areas and junctions. The road layout must also be designed to enable safe
working practices, minimising reversing of service vehicles, with hammerheads minimised in preference to turning areas such as road stubs or hatchets, and to provide adequate space for the collection
of waste and movement of waste collection vehicles. 
The road and house layout in urban development should allow for communal refuse collection points where the design does not allow for individual storage within the curtilage and / or collections at
kerbside. Communal collection points may either be for the temporary storage of containers taken by the individual householder or for the permanent storage of larger containers. The requirements for a
communal storage area are stated within the Council’s Kerbside Collection Policy, which will be a material consideration. 
Road signs should be minimised designed and placed at the back of footpaths to reduce street clutter, avoid obstructing pedestrian movements and safeguarding sightlines; 
Within communal parking areas there will be a requirement for electric car charging points. Parking spaces for car sharing must be provided where a need is identified by the Transportation Manager. 
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(iii) Water environment, pollution, contamination 
• a)  Acceptable water and drainage provision must be made, including the use of sustainable urban drainage systems (SUDS) for dealing with surface water including temporary/ construction phase
SUDS (see Policy EP12). 
• b)  New development should not be located in areas at flood risk or increase vulnerability to flooding (see Policy EP12). Exceptions to this would only be considered in specific circumstances, e.g.
extension to an existing building or change of use to an equal or less vulnerable use. Where this exception is applied the proposed development must include resilience measures such as raised
floor levels and electrical sockets. 
• c)  Proposals must avoid major hazard sites and address any potential risk of pollution including ground water contamination in accordance with recognised pollution prevention and control
measures. 
• d)  Proposals must protect and wherever practicable enhance water features through for example naturalisation of watercourses by introducing a more natural planform and removing redundant or
unnecessary structures. 
• e)  Proposals must address and sufficiently mitigate any contaminated land issues. 
• f)  Make acceptable arrangements for waste collection and management and encourage recycling. 
• g)  Avoid sterilising significant workable reserves of minerals, prime agricultural land or productive forestry. 
• h)  Proposals must avoid areas at risk of coastal erosion and coastal change. 
Justification/ Notes 
The policy sets out detailed criteria to ensure that proposals meet siting, design and servicing requirements, provide sustainable drainage arrangements and avoid any adverse effects on environmental
interests. 
Adopted Moray Council Supplementary Planning Guidance 
Accessible Housing Affordable Housing 
This policy refers mostly to wheelchair accessible housing - the proposal here whilst not a new build have at various points single steps for access and internally - the main intent has been to create a fully
ambulant disabled ground floor private bedroom with an adjacent walk/roll-in wet room shower area in a private lobby that can be screened from the living area.
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
historic  
contemporary
contextual
Scottish Planning Policy and Guidance
NPF 4 broadly refers policy back to regional Local Plans as does: 
Scottish Planning Policy (SPP)
Purpose
i. The purpose of the SPP is to set out national planning policies which reflect Scottish Ministers' priorities for operation of the planning system and for the development[1] and use of land. The SPP
promotes consistency in the application of policy across Scotland whilst allowing sufficient flexibility to reflect local circumstances. It directly relates to:
• the preparation of development plans;
• the design of development, from initial concept through to delivery; and
• the determination of planning applications and appeals.
Status
ii. The SPP is a statement of Scottish Government policy on how nationally important land use planning matters should be addressed across the country. It is non-statutory. However, Section 3D of the
Town and Country Planning (Scotland) 1997 Act requires that functions relating to the preparation of the National Planning Framework by Scottish Ministers and development plans by planning authorities
must be exercised with the objective of contributing to sustainable development. Under the Act, Scottish Ministers are able to issue guidance on this requirement to which planning authorities must have
regard. The Principal Policy on Sustainability is guidance under section 3E of the Act.
iii. The 1997 Act requires planning applications to be determined in accordance with the development plan unless material considerations indicate otherwise. As a statement of Ministers' priorities the
content of the SPP is a material consideration that carries significant weight, though it is for the decision-maker to determine the appropriate weight in each case. Where development plans and proposals
accord with this SPP, their progress through the planning system should be smoother.
iv. The SPP sits alongside the following Scottish Government planning policy documents:
• the National Planning Framework (NPF)[2], which provides a statutory framework for Scotland's long-term spatial development. The NPF sets out the Scottish Government's spatial development
priorities for the next 20 to 30 years. The SPP sets out policy that will help to deliver the objectives of the NPF;
• Creating Places[3], the policy statement on architecture and place, which contains policies and guidance on the importance of architecture and design;
• Designing Streets[4], which is a policy statement putting street design at the centre of placemaking. It contains policies and guidance on the design of new or existing streets and their construction,
adoption and maintenance; and
• Circulars[5], which contain policy on the implementation of legislation or procedures.
Circulars
01422 255 818  www.nickmidgleydesign.co.uk nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.statement A  18.07.2022      24
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Consultation Request Notification 
Planning Authority Name Moray Council
Response Date  10th August 2022
Planning Authority
Reference
22/01066/APP
Nature of Proposal
(Description)
Alter and extend dwellinghouse at
Site 35 Gordon Street
Portgordon
Buckie
Moray
AB56 5QR 
Site Postcode N/A
Site Gazetteer UPRN 000133029837
Proposal Location Easting 339940
Proposal Location Northing 864334
Area of application site (M2) 
Additional Comment 
Development Hierarchy
Level
LOCAL
Supporting Documentation
URL
https://publicaccess.moray.gov.uk/eplanning/ce
ntralDistribution.do?caseType=Application&ke
yVal=RFCWQTBGH9N00
Previous Application 
Date of Consultation 27th July 2022
Is this a re-consultation of
an existing application?
No
Applicant Name Ms Claire Lambert
Applicant Organisation
Name 
Applicant Address 35 Gordon Street
Portgordon
Buckie
Moray
AB56 5QR 
Agent Name Nick Midgley Design
Agent Organisation Name 
Agent Address
Feral Studios
Wellington Mills
Quebec Street
Elland
Hx5 9AS 
Agent Phone Number 
Agent Email Address N/A
Case Officer Fiona Olsen
Case Officer Phone number 01343 563189
Case Officer email address fiona.olsen@moray.gov.uk
PA Response To consultation.planning@moray.gov.uk 
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NOTE:
If you do not respond by the response date, it will be assumed that you have no
comment to make. 
The statutory period allowed for a consultation response is 14 days.  Due to scheduling
pressures if a definitive response is not received within 21 days this may well cause the
two month determination period to be exceeded. 
Data Protection - Moray Council is the data controller for this process.  Information collected about
you on this form will be used to process your Planning Application, and the Council has a duty to
process your information fairly.  Information we hold must be accurate, up to date, is kept only for
as long as is necessary and is otherwise shared only where we are legally obliged to do so.  You
have a legal right to obtain details of the information that we hold about you.
For full terms please visit  http://www.moray.gov.uk/moray_standard/page_121513.html 
For full Data Protection policy, information and rights please see
http://www.moray.gov.uk/moray_standard/page_119859.html 
You can contact our Data Protection Officer at info@moray.gov.uk or 01343 562633 for more
information. 
Please respond using the attached form:- 
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MORAY COUNCIL 
PLANNING CONSULTATION RESPONSE 
From:   Transportation Manager 
Planning Application Ref. No: 22/01066/APP
Alter and extend dwellinghouse at 35 Gordon Street Portgordon Buckie Moray for Ms Claire
Lambert 
I have the following comments to make on the application:-  
Please 
(a) I OBJECT to the application for the reason(s) as stated below  
(b) I have NO OBJECTIONS to the application and have no condition(s) and/or
comment(s) to make on the proposal 

(c) I have NO OBJECTIONS to the application subject to condition(s) and/or
comment(s) about the proposal as set out below   
x
(d) Further information is required in order to consider the application as set out
below 

This proposal is for an extension to an existing property which does not trigger the
requirement to provide additional parking. No off street parking presently exists or is
proposed; and no alterations are proposed to the existing frontage. Transportation has no
objections to the proposal.
Further comment(s) to be passed to applicant
Planning consent does not carry with it the right to carry out works within the public road
boundary. 
It should be highlighted that an informal agreement is in place between the property
owners within this localised area, to park only on the northern side of Gordon Street. 
Public utility apparatus may be affected by this proposal.  Contact the appropriate utility
service in respect of any necessary utility service alterations which have to be carried out
at the expense of the developer. 
No building materials/scaffolding/builder’s skip shall obstruct the public road (including
footpaths) without permission from the Roads Authority. 
Contact: AG Date 29 July 2022
email address: transport.develop@moray.gov.uk  
Consultee: TRANSPORTATION 
Return response to  consultation.planning@moray.gov.uk 
Please note that information about the application including consultation responses and representations (whether in support or objection) received on the proposal will be published on the Council’s website at
http://publicaccess.moray.gov.uk/eplanning/  (You can also use this site to track progress of the application and view details of any consultation responses and representations (whether in support or objection) received
on the proposal).  In order to comply with the Data Protection Act, personal information including signatures, personal telephone and email details will be removed prior to publication using “redaction” software to avoid
(or mask) the display of such information.  Where appropriate other “sensitive” information within documents will also be removed prior to publication online.
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Consultee Comments for Planning Application 22/01066/APP
Application Summary
Application Number: 22/01066/APP
Address: 35 Gordon Street Portgordon Buckie Moray AB56 5QR
Proposal: Alter and extend dwellinghouse at
Case Officer: Fiona Olsen
Consultee Details
Name: Mr CL Consultations
Address: Environmental Health, Council Offices, High Street Elgin, Moray IV30 1BX
Email: Not Available
On Behalf Of: Contaminated Land
Comments
Approved unconditionally
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MORAY COUNCIL 
PLANNING CONSULTATION RESPONSE 
From:   Moray Flood Risk Management 
Planning Application Ref. No: 22/01066/APP
Alter and extend dwellinghouse at 35 Gordon Street Portgordon Buckie Moray for Ms Claire
Lambert 
I have the following comments to make on the application:-  
Please 
x
(a) I OBJECT to the application for the reason(s) as stated below  
(b) I have NO OBJECTIONS to the application and have no condition(s) and/or
comment(s) to make on the proposal 

(c) I have NO OBJECTIONS to the application subject to condition(s) and/or
comment(s) about the proposal as set out below   

(d) Further information is required in order to consider the application as set out
below 

Contact:                 Javier Cruz Date…………………………02/08/2022
email address:       Javier.cruz@moray.gov.uk Phone No  ……………………………..
Consultee:             The Moray Council, Flood Risk Management 
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From: Tracey Dickieson <Tracey.Dickieson@moray.gov.uk>
Sent: 09 Aug 2022 09:18:44
To: DMSMyEmail@moray.gov.uk
Cc:
Subject: FW: Application 22/01066/APP - Archaeology comments
Attachments:  
From: Claire Herbert <claire.herbert@aberdeenshire.gov.uk>
Sent: 08 August 2022 14:09
To: Fiona Olsen <Fiona.Olsen@moray.gov.uk>; Planning Consultation <consultation.planning@moray.gov.uk>
Subject: Application 22/01066/APP - Archaeology comments  
Warning. This email contains web links and originates from outside of the Moray Council network.
You should only click on these links if you are certain that the email is genuine and
the content is safe.
Planning Reference: 22/01066/APP
Case Officer Name: Fiona Olsen
Proposal: Alter and extend dwellinghouse
Site Address: 35 Gordon Street Portgordon Buckie Moray
Site Post Code: AB56 5QR
Grid Reference: NJ 3994 6432  
Having considered the above application, which affects a house dating to the 19th Century located within the
historic core of Portgordon (Moray HER NJ36SE0137), I would ask that the following condition is applied:  
Photographic survey  
No demolition or any other works in connection with the development hereby approved shall commence
unless a photographic survey of the existing buildings and structures on the application site has been
submitted to and approved in writing by the planning authority. All external and internal elevations of the
buildings and structures together with the setting of the buildings and structures and any unusual features of
the existing buildings and structures shall be photographed. The photographic viewpoints must be clearly
annotated on a plan to accompany the survey. The photographs and plan must be in a digital format and must
be clearly marked with the planning reference number.  
Reason: To ensure that a historic record of the building is made for inclusion in the National
Monuments Record for Scotland and in the local Sites and Monuments Record.  
Should you have any comments or queries regarding the above, please do not hesitate to contact me.  
Kind regards,
Claire  
Claire Herbert   MA(Hons) MA  MCIfA
Archaeologist
Archaeology Service, Planning and Economy, Environment and Infrastructure Services
Aberdeenshire Council
T: 01467 537717
E: Claire.herbert@aberdeenshire.gov.uk
W: https://www.aberdeenshire.gov.uk/leisure-sport-and-culture/archaeology
Search the Historic Environment Record: https://online.aberdeenshire.gov.uk/smrpub
Archaeology Service for Aberdeenshire, Moray, Angus & Aberdeen City Councils
Your feedback is important to us and helps us to improve our service – we value your comments. 
Please note office working hours: Monday - Friday, 9.30am – 5.30pm
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Explore the historic environment - find and follow the Archaeology Service on social media:
Instagram: https://www.instagram.com/abshire_archaeology
Twitter: https://twitter.com/AbshireArch_CH/
YouTube: https://www.youtube.com/channel/UCI3fCWk-cwaN2Nj1G0BkHPg  
This e-mail may contain privileged information intended solely for the use of the individual to whom it is addressed. If
you have received this e-mail in error, please accept our apologies and notify the sender, deleting the e-mail afterwards.
Any views or opinions presented are solely those of the e-mail's author and do not necessarily represent those of
Aberdeenshire Council.
Dh’fhaodadh fiosrachadh sochaire, a tha a-mhàin airson an neach gu bheil am post-dealain air a chur, a bhith an seo. Ma
tha thu air am post-dealain fhaighinn mar mhearachd, gabh ar leisgeul agus cuir fios chun an neach a chuir am post-
dealain agus dubh às am post-dealain an dèidh sin. ’S e beachdan an neach a chuir am post-dealain a tha ann an gin sam
bith a thèid a chur an cèill agus chan eil e a’ ciallachadh gu bheil iad a’ riochdachadh beachdan Chomhairle Shiorrachd
Obar Dheathain.
www.aberdeenshire.gov.uk
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REPORT OF HANDLING 
Ref No: 22/01066/APP Officer: Fiona Olsen
Proposal
Description/
Address  
Alter and extend dwellinghouse at 35 Gordon Street Portgordon Buckie Moray
Date: 30.09.2022 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 
Aberdeenshire Council Archaeology
Service
08/08/22 No Objections
Contaminated Land 01/08/22 No Objections 
Transportation Manager 29/07/22 No Objections subject to informatives
Moray Flood Risk Management 02/08/22 No Objections 
DEVELOPMENT PLAN POLICY
Policies Dep Any Comments 
(or refer to Observations below)
PP1 Placemaking N Complies
PP2 Sustainable Economic Growth N Complies
PP3 Infrastructure and Services N Complies
DP1 Development Principles Y See below
EP8 Historic Environment N Complies
EP12 Management and Enhancement Water N Complies
EP13 Foul Drainage N Complies
EP14 Pollution Contamination Hazards N Complies 
REPRESENTATIONS
Representations Received  NO
Total number of representations received
Names/Addresses of parties submitting representations 
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Page 2 of 6
Summary and Assessment of main issues raised by representations
Issue: 
Comments (PO): 
OBSERVATIONS – ASSESSMENT OF PROPOSAL 
Section 25 of the 1997 Act as amended requires applications to be determined in accordance with
the development plan i.e. the adopted Moray Local Development Plan 2020 (MLDP) unless material
considerations indicate otherwise. The main planning issues are considered below: 
Proposal 
The application seeks planning permission to alter and extend an existing dwellinghouse. 
The alterations proposed are to the rear of the property only. These involve the creation of two
irregular shaped first floor dormers on the rear roof plane, a first floor extension over an existing
single storey flat roof, and the joining and conversion of an existing external garden store to form a
ground floor bedroom.    
The westernmost dormer proposed contains a single square window and incorporates a shallow pitch
at the top, followed by a sharp (45 degree) pitch extending in an easterly direction towards the eaves
of the roof. The easternmost dormer contains a shallow pitch at the top and connects to the proposed
first floor extension on the western edge. Both dormers are proposed to be finished in natural slate to
the sides and standing steam metal roofing to the top.    
The proposed extension above the existing single storey flat roof extension, again contains a shallow
pitched roof, with a steep (45 degree) pitch extending to eaves of the roof and would measure
approx. 5.1m to the highest part of the roof. This extension is proposed to be finished in vertical larch
cladding and finished in natural slate. 
Finally, an existing external store is proposed to be connected to the main dwellinghouse via a flat
roof extension and conversion of the store to an additional bedroom on the ground floor. The existing
single storey and connecting extension are proposed to be finished again in vertical larch cladding,
with a green living roof Sedum planted with a slight overhang/shelter on the eastern side.    
Extensive discussions have taken place with the agent and applicant on the proposed design
however the agent and applicant have stated that they wish for the proposal to be determined as it
currently stands.    
Site 
The site is located at 35 Gordon Street, Portgordon and is an existing traditional semi-detached
dwellinghouse believed to have been constructed in the mid-1880s. The building is not listed nor in a
Conservation Area. 
The house is however located within the historic core of Portgordon which is identified on the Historic
Environment Record (HER) as a site of archaeological interest.    
There are neighbouring properties to the east and west (attached) of the site and the site is bound by
the public road to the north and the old railway line to the south (designated as a 'Core Path' and
open space within the MLDP 2020).   
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Page 3 of 6
Policy Assessment  
Siting and Design (MLDP 2020 Policy DP1) 
Policy DP1 requires that the scale, density and character of all development be appropriate to the
surrounding area, be integrated into the surrounding landscape and not adversely impact upon
neighbouring properties in terms of privacy, daylight or overbearing loss of amenity. Policy DP1 also
states that pitched roofs are preferred to flat roofs and that box dormers are not acceptable.    
As outlined, the application seeks planning permission to alter and extend an existing dwellinghouse.
This includes a proposal for an irregular shaped rear dormer and an extension that also has an
irregular form and includes a dormer with an irregular shape. The westernmost dormer contains a
single square window and incorporates a shallow pitch at the top, followed by a sharp (45 degree)
pitch extending in an easterly direction towards the eaves of the roof. The easternmost dormer also
contains a single square window and incorporates a shallow pitch at the top connecting to the
proposed extension on the western edge. The dormers are of a highly irregular shape and therefore
represent an inappropriate form of development for this location as they are not in keeping with the
form and character of the main (parent) property and neighbouring housing. On the plans and
supporting documents submitted the agent has shown examples of other developments within Moray,
however the dormers shown in these examples have a simple square shape, not the irregular shape
presented here. Whilst it is acknowledged that the design reflects an attempt to provide a modern
alternative to the conventional box dormers found on neighbouring properties, the irregular shaped
dormers proposed here are unacceptable as they are not in keeping with the form or character of the
existing property or surrounding area.    
The proposed first floor extension above the existing flat roof extension again incorporates a shallow
pitched roof, following by a sharp (45 degree) pitch, extending down towards eaves level. Whilst the
sharp pitch would give the appearance of a traditional pitched roof when viewed from the east, it
would give a box-like and flat roof appearance when viewed from the west. Policy DP1 states that
pitched roofs are preferred to flat roofs and although the extension would replace an existing single
storey flat roof, it would create unnecessary bulk through the appearance of a 'box-like' two storey flat
roof extension when viewed from the west. The irregular shaped roof form of the first floor extension
is considered incongruous with the form and character of the main traditional dwellinghouse and
surrounding area and would not comply with policy DP1 and therefore the application will be refused.  
Finally it is proposed to create a single storey 'link' extension and convert an existing store to form a
ground floor bedroom.  Although this proposal incorporates a flat roof, it extends an existing flat roof,
with no increase in height (remaining at single storey) and the addition of Sedum roof planting would
bring biodiversity benefits to the site. The extension is also located to the rear and is considered a
small scale intervention. This element of the proposal is acceptable.   
A design and access statement and further supporting statement have been submitted in light of the
proposals. This gives examples of local buildings, both modern and traditional which incorporate
traditional pitched roofs finished in traditional materials. The Design and Access Statement states
that the dormer window arrangements proposed as part of this application are to be 'varied pitch
forms, with shallow pitched capping' and goes on to state that these are 'vernacular features,
reinterpreted and expressed in a contemporary form'. It also refers to the first floor extension and
states that this reflects the 'neighbour structure of the workshops, net and sail lofts, sculptural yet
function built form'. It is noted none of the examples given exemplify a roof design akin to that of the
proposed irregular shaped dormers or first floor extension and whilst an effort has been made to
create an alternative design to the common 'box-dormer', the alternative presented does not relate to
the form, character or detailing of the parent dwelling or surrounding properties and therefore is not
considered acceptable in terms of the design requirements of policy DP1.    
A further supporting statement (received on 26/08/2022) outlines that the proposed alterations create
only 6.5sqm of additional footprint. Whilst efforts to minimise additional footprint and ensure that the
alterations do not result in overdevelopment of the existing site are commended, this does not
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Page 4 of 6
overcome the fact that both the dormers and first floor extension are of an irregular shape and design
which is not in keeping with the form or character of the existing main property and therefore would
not comply with policy DP1. The statement also outlines the requirement for a ground floor bedroom
for multi-generational living and as outlined this element of the proposals, occupying the extended
ground floor is deemed acceptable. Finally the statement outlines that the first floor extension will
result in the removal of a flat roof and the creation of a pitched roof to the east. The statement fails to
note however that the roof of the extension of an irregular shape and when viewed from the west, the
first floor extension would create the appearance of a two storey flat roof 'box' which ultimately has a
detrimental impact on the character of the dwelling, particularly when compared with the existing
small scale single storey flat roof extensions.    
With regard to the external finishes, the dormers are proposed to be finished in natural slate on the
sides, with the shallow roof over in metal standing seam roofing. The flat roof extension is proposed
to be finished in vertical larch cladding with a living roof planted in Sedum over. Finally the first floor
extension is proposed to be finished again in vertical larch cladding with a natural slate roof over.  
These traditional materials would accord with the stone and slate finish of the main dwellinghouse
and would therefore be acceptable. 
In summary, the proposed rear dormers are considered unacceptable as they are of an irregular
shape which is out of keeping with the form and character of the existing property and surrounding
area. The irregular roof shape of the proposed first floor extension would give the appearance of a
two storey flat roof extension (when viewed from the west) which creates unnecessary bulk and is
incongruous with the main parent property and therefore the proposals are contrary to the design
requirements of policy DP1 and the application will be refused.    
In terms of proposed openings within the extensions and dormers, these will largely be orientated
onto the applicant's existing garden ground, or old railway to the south of the site. The only opening
to be orientated onto a neighbouring property is a single full length window on the western elevation
of the first floor extension and is to be fitted with opaque glass. Therefore, no openings within the
proposed alterations are deemed to give rise to any unacceptable loss of light or overlooking to
neighbours. In terms of any loss of light or overshadowing, the extensions are either single storey or
set back sufficiently and with an acceptable wall-head height so as not to give rise to adverse
amenity impact to neighbours. Therefore, these aspects would be considered to comply with policy
DP1.    
Drainage (DP1, EP12) 
The site is not within any areas identified to be at risk of flooding. Drainage information is provided
within the Design and Access statement and outlines that the increase in roof area as a result of the
proposals is only 6.5sqm. An area of concrete is also proposed to be replaced with free-draining
gravel and the addition of a Sedum roof which slows surface water run-off.  Moray Flood Risk
Management have been consulted and have raised no objections therefore the drainage proposals
would comply with policy DP1.    
Protected Species (EP1) 
As bats are a European Protected Species, the impact of the proposal on the species must be
considered prior to determining the application and in line with the current Habitat Regulations 1994
as amended. If the application were to be approved an informative should be added to any final
consent reminding the developer of their duties should any evidence of bats be uncovered during
construction works and this would ensure compliance with policy EP1. 
Archaeology (EP8) 
As outlined, an area of archaeological interest lies over the site relating to the historic village of
Portgordon. The Council's archaeologist has been consulted and requested a photographic survey be
undertaken of the building for inclusion in the National Monuments Record for Scotland and local
Sites and Monuments Record. This has been done and the Council's archaeologist is satisfied with
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Page 5 of 6
the information submitted. As a result the proposal would comply with policy EP8.    
Parking and Access (DP1) 
The site is currently accessed via the public road to the north of the site and parking is via on-street
parking again to the north. No alterations to either of these are proposed and the Moray Council
Transportation Section has been consulted and has raised no objections, subject to a series of
informatives to be added to any final consent, should the application be approved. This ensure
compliance with the Transportation requirements of policy DP1.    
Conclusion 
The proposed rear dormers are considered unacceptable as they are of an irregular shape which is
not keeping with the form and character of the existing traditional property and surrounding area. The
proposed first floor extension incorporates an irregular roof shape which would give the appearance
of a two storey flat roof extension which creates unnecessary bulk and is incongruous with the main
parent property and therefore the proposals are contrary to the design requirements of policy DP1
and the application is refused. 
OTHER MATERIAL CONSIDERATIONS TAKEN INTO ACCOUNT 
None 
HISTORY
Reference No. Description       
Decision  Date Of Decision   
ADVERT
Advert Fee paid? N/A
Local Newspaper Reason for Advert Date of expiry 
DEVELOPER CONTRIBUTIONS (PGU)
Status N/A 
DOCUMENTS, ASSESSMENTS etc. *
* Includes Environmental Statement, Appropriate Assessment, Design Statement, Design and Access
Statement, RIA, TA, NIA, FRA etc
Supporting information submitted with application? YES 
Summary of main issues raised in each statement/assessment/report
Document Name:  Design and Access Statement (dated 18/07/2022)
Main Issues:  Outlines background and justification for design shown.  Also gives details on
drainage proposals.   
Document Name:  Supporting Statement (dated 26/08/2022)
Main Issues:  Statement prepared in response to Planning Officer’s email sent on 22/08/2022
raising concern with regard to extension and dormers. 
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Page 6 of 6 
Document Name:  Photographic Survey (dated 12/08/2022)
Main Issues:  Photographic historical record of the building, both internally and externally,
requested by the Council’s Archaeologist. 
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 1 of 3)  Ref:  22/01066/APP 
MORAY COUNCIL
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997,
as amended 
REFUSAL OF PLANNING PERMISSION 
[Fochabers Lhanbryde]
Application for Planning Permission 
TO Ms Claire Lambert 
c/o Nick Midgley Design 
Feral Studios 
Wellington Mills 
Quebec Street 
Elland 
Hx5 9AS 
With reference to your application for planning permission under the above
mentioned Act, the Council in  exercise  of   their  powers  under  the  said  Act, 
have  decided  to REFUSE your application for the following development:- 
Alter and extend dwellinghouse at 35 Gordon Street Portgordon Buckie Moray 
and for the reason(s) set out in the attached schedule. 
Date of Notice:  30 September 2022 
HEAD OF ECONOMIC GROWTH AND DEVELOPMENT
Economy, Environment and Finance
Moray Council
Council Office
High Street
ELGIN
Moray     
IV30 1BX
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(Page 2 of 3)  Ref:  22/01066/APP 
IMPORTANT
YOUR ATTENTION IS DRAWN TO THE REASONS and NOTES BELOW 
SCHEDULE OF REASON(S) FOR REFUSAL 
By this Notice, Moray Council has REFUSED this proposal.  The Council’s reason(s)
for this decision are as follows: - 
The proposed alterations and extension are contrary to Moray Local
Development Plan 2020 policy DP1(i)(a) for the following reasons: 
1. The proposed rear dormers are considered unacceptable as they are of
an irregular shape which is not keeping with the form and character of the
existing traditional property and surrounding area. 
2. The proposed first floor extension incorporates an irregular roof shape
giving the appearance of a two storey flat roof extension which creates
unnecessary bulk and is incongruous with the main parent property. 
LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT 
The following plans and drawings form part of the decision:-
Reference Version Title
POR.P.007  Proposed south elevation and section
POR.P.027  Existing and proposed roof plan  
Block plan
POR.P.009  Proposed elevation
POR.P.010  Proposed east elevation
POR.P.006  Proposed first floor plan
POR.P.012  Proposed elevation
POR.P.008  Proposed south elevation
POR.P.005  Proposed ground floor plan
POR.P.011  Proposed west elevation and section
POR.P.014  Perspective view from south east  
Location plan
POR.P.004  Site plan   
NOTICE OF APPEAL
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 
If the applicant is aggrieved by the decision to refuse permission for or approval
required by a condition in respect of the proposed development, or to grant
permission or approval subject to conditions, the applicant may require the planning
authority to review the case under section 43A of the Town and Country Planning
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(Page 3 of 3)  Ref:  22/01066/APP 
(Scotland) Act 1997 within three months from the date of this notice.  The notice of
review should be addressed to The Clerk, Moray Council Local Review Body, Legal
and Committee Services, Council Offices, High Street, Elgin IV30 1BX.  This form is
also available and can be submitted online or downloaded from
www.eplanning.scotland.gov.uk   
If permission to develop land is refused or granted subject to conditions and the
owner of the land claims that the land has become incapable of reasonably
beneficial use in its existing state and cannot be rendered capable of reasonably
beneficial use by the carrying out of any development which has been or would be
permitted, the owner of the land may serve on the planning authority a purchase
notice requiring the purchase of the owner of the land’s interest in the land in
accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997. 
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APPENDIX 2 
NOTICE OF REVIEW,
GROUNDS FOR REVIEW &
SUPPORTING DOCUMENTS
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The Moray Council Council Office High Street Elgin IV30 1BX  Tel: 0300 1234561  Email: development.control@moray.gov.uk
Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid.
Thank you for completing this application form:
ONLINE REFERENCE 100611085-001
The online reference is the unique reference for your online form only. The  Planning Authority will allocate an Application Number when
your form is validated. Please quote this reference if you need to contact the planning Authority about this application.
Applicant or Agent Details
Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting
on behalf of the applicant in connection with this application)  Applicant  Agent
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
Nick Midgley Design
Nick
Midgley
Wellington Mills
Feral Studios
07711182313
Hx5 9AS
England
Elland
Quebec Street
nick@nickmidgleydesign.co.uk
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Page 2 of 5
Applicant Details
Please enter Applicant details
Title: You must enter a Building Name or Number, or both: *
Other Title: Building Name:
First Name: * Building Number:
Address 1
Last Name: * (Street): *
Company/Organisation Address 2:
Telephone Number: * Town/City: *
Extension Number: Country: *
Mobile Number: Postcode: *
Fax Number:
Email Address: *
Site Address Details
Planning Authority:
Full postal address of the site (including postcode where available):
Address 1: 
Address 2:
Address 3:
Address 4:
Address 5:
Town/City/Settlement:
Post Code:
Please identify/describe the location of the site or sites
Northing Easting
Ms
35 GORDON STREET
Claire
Moray Council
Lambert
PORTGORDON
Gordon Street
35
BUCKIE
AB56 5QR
AB56 5QR
Scotland
864334
Buckie
339940
Portgordonnone
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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)
22/01066/APP Alter and extend dwellinghouse at 35 Gordon Street Portgordon Buckie Moray - refusal of application 30.09.2022
We seek to review the refusal  'proposed rear dormers considered unacceptable - an irregular shape not in keeping with the form
and character of the existing traditional property & surrounding area. The proposed first floor extension incorporates an irregular
roof shape giving the appearance of a two storey flat roof extension which creates unnecessary bulk & is incongruous with the
main parent property & therefore the proposals are contrary to the design requirements of policy DP1'
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Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend
to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters)
Application Details
Please provide the application reference no. given to you by your planning
authority for your previous application.
What date was the application submitted to the planning authority? *
What date was the decision issued by the planning authority? *
Review Procedure
The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review
process require that further information or representations be made to enable them to determine the review. Further information may be
required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or
inspecting the land which is the subject of the review case.
Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other
parties only,  without any further procedures? For example, written submission, hearing session, site inspection. *
 Yes   No
Please indicate what procedure (or combination of procedures) you think is most appropriate for the handling of your review. You may
select more than one option if you wish the review to be a combination of procedures.
Please select a further procedure *
Please explain in detail in your own words why this further procedure is required and the matters set out in your statement of appeal it
will deal with?  (Max 500 characters)
In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion:
Can the site be clearly seen from a road or public land? *  Yes   No
Is it possible for the site to be accessed safely and without barriers to entry? *  Yes    No
If there are reasons why you think the local Review Body would be unable to undertake an unaccompanied site inspection, please
explain here.  (Max 500 characters)
001 Grounds for Review - appeal statement 002 Supporting Document - Appeal statement precedents 003 Supporting Document
- Original Application - design docs., contextual information, heritage statement DAS 004 Supporting Document - Original
application - dialogue/letters POR.001 & 002 005 Email of support from Portgordon Community Trust sent during application
process to Case Officer
22/01066/APP
30/09/2022
By means of inspection of the land to which the review relates
No reasons
21/07/2022
To understand the context of the private space that the application related to, that the area for the proposed development is not
visible directly from a public area and the context of the proposals are minor in the overall setting on the back of the house away
from public areas and not seen by neighbours.
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Checklist – Application for Notice of Review
Please complete the following checklist to make sure  you have provided all the necessary information in support of your appeal. Failure
to submit all this  information may result in your appeal  being deemed invalid.
Have you provided the name and address of the applicant?.  *  Yes   No
Have you provided the date and reference number of the application which is the subject of this  Yes   No
review? *
If you are the agent, acting on behalf of the applicant, have you provided details of your name  Yes   No   N/A
and address and indicated whether any notice or correspondence required in connection with the
review should be sent to you or the applicant? *
Have you provided a statement setting out your reasons for requiring a review and by what  Yes   No
procedure (or combination of procedures) you wish the review to be conducted? *
Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider
require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review
at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely
on and wish the Local Review Body to consider as part of your review.
Please attach a copy of all documents, material and evidence which you intend to rely on  Yes   No
(e.g. plans and Drawings) which are now the subject of this review *
Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a
planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the
application reference number, approved plans and decision notice (if any) from the earlier consent.
Declare – Notice of Review
I/We the applicant/agent certify that this is an application for review on the grounds stated.
Declaration Name: Mr Nick Midgley
Declaration Date: 22/12/2022
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FERAL STUDIOS
WELLINGTON MILLS
QUEBEC STREET
ELLAND
HX5 9AS
01422 255 818
077 111 82 313
POR.NOR.001       SUPPORTING DOCUMENT 001
F.A.O
Clerk to: 
The Moray Council Local Review Body
Economic Growth & Development
The Moray Council         
High Street           
Elgin            
IV30 1BX                   Tuesday 20th  December  2022
Dear Sir / Madam
NOTICE OF REVIEW  22/01066/APP 35 Gordon Street, Portgordon AB56 5QR
Further to the Moray Council determination REFUSAL of 22/01066/APP for the applica-
tion to ‘alter and extend 35 Gordon Street, Portgordon, Buckie, Moray AB56 5QR’  we
submit this ‘Notice of Review’ [NOR].
We request that The Moray Council review the decision made by the officer Ms F Olsen
for this ‘local development’ case under section 43 [A] [17] of the Town and Country Plan-
ning [Scotland] Act 1997, this is within three months from the date of the Refusal of
Planning Permission notice 30.09.22.
001 Grounds for Review - appeal statement
We include with this NOR the following Supporting Documents:
002  - Supporting Document - Appeal statement local precedents.
003  - Supporting Documents - Original Application - design docs., contextual informa- 
tion, heritage statement & Design & Access Statement [DAS].
004  - Supporting Documents Original application - officer dialogue/letters POR.001 &      
002.
005  - Supporting Document - email of support from Chair of Portgordon Community      
Trust.
**Note all Moray correspondence/policy/determinations notes/quotations are shown in
blue italic**                                                                      
e: nick@nickmidgleydesign.co.uk    www.nickmidgleydesign.co.uk
NMDnick midgley design
historic
contemporary
contextual
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001.1.0 Request for review against Refusal Notice  
The request for Review is made against the determination refusal statement by The
Moray Council:
The Council’s reason(s) for this decision are as follows:
The proposed alterations and extension are contrary to Moray Local Development Plan
2020 policy DP1(i)(a) for the following reasons:
1 - The proposed rear dormers are considered unacceptable as they are of an irregular
shape which is not keeping with the form and character of the existing traditional proper-
ty and surrounding area. 
2 - The proposed first floor extension incorporates an irregular roof shape giving the ap-
pearance of a two storey flat roof extension which creates unnecessary bulk and is in-
congruous with the main parent property. 
001.1.1 Application proposal intent
The application 22/01066/APP was made in the mitigation of The Moray Council Policy
proposals embodying [see Supporting Document 003 DAS]:
-  refurbishment of a property that stood empty for 3 years.
- creation of multi generational living, with only a very small increase in actual footprint
providing for ground floor living space, reduced mobility living/sleeping area [page 11].
- High environmental build methodology in light of the Moray Council’s stated ‘Climate
Emergency’ [page 13-15] & [see policy J below para 001.3].
- a subordinate proposal in relation to the host dwelling.
- a clear delineation of old [host dwelling] and new subordinate proposal. 
These are all mitigating factors that are embodied in The Moray Council planning policy
and have to be considered in the overall balance of a determination. 
This has not happened.
001.1.2 Review parameters
This request for this review focuses on the issue of the refusal not being wholly support-
ed by DP1 policy & the fact there are instances locally of DP1 policy being interpreted
differently to support other similar situations with approvals of other recent applications:                                                                            
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- the fact that irregular shapes [refusal para 1 above] are found historically all over Port-
gordon and the Moray district, that irregular and asymmetrical buildings are typical of
prevailing vernacular style and that there is distinct evidence of irregular and asymmet-
rical buildings approved by The Moray Council planning determination process over
recent years under the same planning policy regime negates the refusal experienced
with this application [ see Supplementary Document 002 ].
- the fact that the extension cannot under current policy be judged on ‘irregular
shape’ [asymmetry] as there is no prescriptive policy that rules against asymmetry.
- the fact that the proposal does ‘not look like a flat roof’ and that there is no prescrip-
tive policy that rules against flat roofing.
- the fact that the proposal in context is not bulky, at Pre App 21/01027/PEHOU the
scope, volume and massing of the proposal was accepted - only a pitched roof to the
‘dormer’ was required [ see officer comment 001.3.0 para 3 below ].
- the ‘subjective view that the asymmetry and the perceived bulk’ is over ruled by the
precedents of The Moray Council Planning determinations in favour of similar and
more extensive examples on other recent applications [ see Supplementary Document
002 ].
- the fact that the refusal reasons given actually differ from the wording of DP1.
The applicant Ms Lambert wishes to stress and has asked us to state:
- ‘I believe that the officers have not paid attention to the detail in the application, they
have not properly looked at the submission which places the design fully in context and
it is a well rounded application that understands Portgordon and its heritage and it’s
obvious that they [officers] are contradicting themselves’.
- ‘the process was very frustrating as we had embodied the changes requested at the
PRE APP, to then be blocked by a Planning Department ‘U’ turn at the application
stage’.
- ‘it appears that there is no consistency in the relation to this determination and recently
passed applications’.
001.2  Review context  
We request review of the refusal in the context of the original application 22/01066/APP,
and the processing by Moray Council’s department of Economic Growth & Development
officers. 
In context with the Pre App submission 21/01027/PEHOU and the guidance offered by
Moray Planning Officers, showing an explicit ‘U’ turn at 22/01066/APP against the advice
and supporting statements offered by Planning Officers. 
The interpretation of the Policy DP1 [I] [a] with regard to Moray Council’s Planning’s de-
termination of this and other applications within the Moray region, since the adoption of                                                                            
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the ‘Moray Local Development Plan 2020 [MLDP], the policy for determination of all
Planning Applications in Moray. 
We show here that there are inconsistencies and unaligned personal ‘subjective' deci-
sions being made by officers, which have no legal bearing for this determination of this
application under Policy DP1 [I] [a] and that there is a rewording of the intent within the
refusal notice from the explicit intent of DP1 [ para 001.3.2 below ].
The test to the application proposal is if it CAUSES HARM to the INTENT of DP1 [I]
[a]  - we have demonstrated with the application that NO HARM would be caused
and there is no departure from any prescriptive intent of any adopted policy, we
extend here our reasons for the request for review.
001.3.0 Application process of determination
During the processing of the application by The Moray Council, despite the intent to
refuse the application, there was very little time spent by Moray Planning to engage with
the applicant and offer meaningful guidance - repeatedly officers without recourse to pol-
icy, expected a design change to suit their own internal sensibilities - from our phone log:
- 3 minute telephone conversation Fiona Olsen, Case Officer 07.09.22, when the   
only guidance given was too alter the scheme, even though we discussed that   
there was no policy to support a proposed refusal.
- 2 minute telephone conversation Lisa MacDonald, Senior Planner 09.09.22,   
when it was actually put to us that the concern was more the dormer window not   
the proposed extension to the bathroom at two stories [now deemed to be bulky], 
the officer stated  [to quote] that ‘the mix of styles was irrelevant’, the distinct   
‘form of the rear extension was agreeable’, the ‘form of the Pre App was prefer- 
able’ and ‘the modern form was good’ - they felt as a department they should   
have offered ‘better communication’. We stated that as we were clear that there   
was no prescriptive policy that could warrant refusal, we would await a determi- 
nation, a refusal notice has to be supported by a written report supporting against 
policy the reasons for refusal - as we were receiving no dialogue to explain a re- 
fusal in policy terms.
- 2 minute telephone conversation from Lisa MacDonald in response to our letter   
POR.P.003.22  [ Supporting Document 004 ], she stated ‘not sure where we go   
now’, as we’d presented evidence of support from the PRE APP, the options we   
could build under Permitted Development [PD] which were bulkier and more in- 
trusive to neighbours than the application [ Supporting Document  004   
POR.P.003 page 5 ]. Despite our conversation 09.09.22 the officer expected us   
to make changes, even when we’d explained that we’d been broadly supported   
by the officer at the PRE APP and the applicant didn’t wish to compromise the   
design on the grounds of subjective views not supported by adopted policy.
- 2 minute conversation with Beverley Smith HoP 23.09.22 brief conversation that   
repeated the department line of wanting change, we explained as there was still   
no guidance as to why the application was to be refused, we’d await the Refusal   
Notice and officers report, HoP stated ‘we don’t want refusal’, we stated ‘neither   
do we’ but why should we change a scheme on subjective grounds, for a scheme 
supported at PRE APP, when there is no prescriptive policy to warrant a refusal   
of the application, when it is clear that the scope of the application goes above                                                                              
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and beyond what is normally presented by a householder to extend and mod- 
ernise a property’ [see para 001.1.1 above and Supporting Document 003 the   
DAS ].
001.3.1 Application interpretation
The Officer Ms Olsen contacted us via email 22.08.2022, following her site visit, she ac-
cepted the overall intent of the application but offered the ‘subjective opinion’ with regard
to the style of the proposals:
Dormer windows – I do not feel that these relate to the character of the existing property
or surrounding area. The response my colleague Shona gave to the ‘pre-application’ was
that we would look for a sloped roof to be added on the box dormers originally shown. I
would ask you to consider this design option instead for the dormers.
We bring the Review Panel’s attention to the response from the the PRE APP by her col-
league:
In terms of the policy wording it is ultimately box dormers which are not permissible
under the terms of the policy, and could be addressed by deploying a shallow
downward pitch to the single box dormer window.
[ see Supporting Doc 4 letter NMD POR.P.003 page 4 showing the box dormer ]
We had incorporated a sloping roof to the dormer window, there is nothing prescriptive
in DP1 that demands symmetry, it only prescribes:
MLDP 2020 Vol 1 page 35 DP1 para [g] ‘Pitched roofs will be preferred to flat roofs and
box dormers are not acceptable’ 
[ see Supporting Doc 4 letter NMD POP.P.001 page 8-9 ]
001.3.2 Application mitigating policy
We note that the MLDP PP1 requires:
PP1 (i) Character and Identity - Create places that are distinctive to prevent homoge-
nous ‘anywhere’ development 
PP1 refers to distinctiveness, architectural identity, detailing and materials - to create
successful healthy places that encompass distinctive urban form. 
We are conscious with this proposal, it’s important not to have a slavish default to quasi
traditional safety net of architecture, we need to be creative and foster a 21st C forms
that relate to modern living and can be ‘different’ whilst relating in style and form to the
vernacular context - though nothing we propose here is challenging or offensive or would
cause harm [ see Supporting Document 003 DAS pages 9-10 ] of various traditional, his-
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toric and vernacular forms that are asymmetrical, contemporary or irregular, the applica-
tion is our interpretation of traditional forms within a contemporary idiom. 
The proposal shows ‘what is new’ and how it contrasts with the existing, giving an archi-
tectural dialogue of sub-urban development over time in contrast with the host dwelling.
In relation to the intent of DP1, it is important to stress that this proposal causes no
harm.
The Local Plan DP1 states that: 
“Development Principles - will be applied reasonably taking into account the nature and
scale of a proposal and individual circumstances” 
This is key to determination of applications, there is nothing unreasonable about the ap-
plication proposal, it embodies environmental, heritage and contextual relationships. 
It causes no harm and it does comply with policy. Para 001.1 above and the refusal
statement says: ‘
not keeping with the form and character of the existing traditional property and surround-
ing area’  
DP1 actually reads: 
a) The scale, density and character must be appropriate to the surrounding area and
create a sense of place
This is quite different, the intent of DP1 is ‘appropriate character’, Portgordon has
character through a diversity of styles, scales and densities. Our proposal embodies the
intent of DP1 and in its setting and context it is not inappropriate.
The proposal cannot be seen from neighbouring properties, it cannot be seen from the
public domain, it is screened from the coastal trail by the earth bunding and garden
planting from the south and is wholly below the roof from the north Gordon Street views.
[ Supporting Document 004 letter POR.P.003 pages 2-3 & letter POR.P.001 page 4 ]
Supporting Document 003 of the original application design information POR.P.008
shows that the west side views from No. 33 are screened by the existing single storey
area and that the view from No. 37 to the east is screened by the proposed pitched roof.
001.1.3 Policy interpretation
Bulk and scale of the proposal is not the issue here, it is the officers interpretation of
‘appropriate character’, we gave examples of  the varied character around Portgordon
and the varied style, forms and shapes, massing and structures found up and down the
Moray coast.
Supporting document 003 the DAS pages 9-10 and supporting document 004 pages 10-
11 and Supporting Document 002 illustrate where we have collated various recent ap-
provals of schemes that show the diversity of character and where officers have re-
cently supported proposals that meet their interpretation of policy or proposals that
create diversity of character, examples that show over archingly a demonstration that                                                                            
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‘form and character’ in Portgordon and Moray is not a narrow prescriptive style, particu-
larly in the areas to the rear and behind property where many shapes are ad-hoc, giving
Portgordon its own and varied style, as typically found around Moray. 
The proposal maybe different, though it is ‘not inappropriate’. A sense of place is cre-
ated by individuality and unique style, not sameness.
Moray Planning cannot say that these proposals for 35 Gordon Street are ‘not in keep-
ing’ to Moray, they maybe different in some respects but the character they present is
not harmful to Moray - the differences in Moray are its character. The policy DP1 re-
quires ‘appropriate’ design, not that it has to mimic design.
We have demonstrated that we are creating a sensitive, yet distinctive proposal that re-
lates to the scale, setting and traditional coastal area - that fosters as required by poli-
cy DP1 a ‘sense of place’ and we are clear that for the applicant we need to pro-
vide a nearness to need. 
001.3.4 Policy mitigating the application
We have created a proposal that mitigates Moray Policy: 
d) Demonstrate how the development will conserve and enhance the natural and built
environment and cultural heritage resources, retain original land contours and inte-
grate into the landscape. 
And does not: 
e) Proposals must not adversely impact upon neighbouring properties in terms of priva-
cy, daylight or overbearing loss of amenity. 
And embodies the need for: 
h) Existing stone walls on buildings and boundaries must be retained. Alterations and
extensions must be compatible with the character of the existing building in terms of de-
sign, form, choice of materials and positioning and meet all other relevant criteria of this
policy. 
j) All developments must be designed so as to ensure that all new buildings avoid a
specified and rising proportion of the projected greenhouse gas emissions from their use
(calculated on the basis of the approved design and plans for the specific development)
through the installation and operation of low and zero-car- bon generating tech-
nologies. 
The 2020 Moray Settlement Statement for Portgordon proposes: 
-  Development Strategy / Placemaking Objectives
-  Protect the character of the existing settlement
-  Provide support for proposals to re-use the harbour
- To promote interest and encourage housing development on designated sites - Devel-
opment proposals in the Special Landscape Areas must reflect the traditional settlement
character in terms of siting and design and respect the special qualities of the designa-
tion.                                                                            
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001.3.5 Determination inaccuracies
The Officer Ms Olsen’s contact email during the Planning Application determination peri-
od, 22.08.2022 also stated:
Two storey extension – Again I do not feel that the design, shape and character of this
extension relates to the main property. I also feel there is wasted space internally with a
the roof void. Could a traditional gable extension provide the required accommodation
over two floors whilst also maintaining the appropriate ceiling height? Although from the
west the roof would appear pitched, from the east the extension appears box-like and I
am not keen to support this.
This was the guidance dialogue offered during the determination process of the applica-
tion, it varies from the REFUSAL NOTICE. 
Also See 001.2.5 below, where the officer approves a dormer window that looks like a
box dormer [ Supporting Document 002 page 5].
The email statement chooses to offer design advice which is irrelevant, as the officer
does not understand or is not qualified to offer guidance on the methods of construction,
build costs, existing structure or to dictate the amount of usable space in what she as-
sumes is the height and volume of the existing roof space [ see Supporting document
004 NMD POR.P.001 letter pages 3-4].
The officer surmises that the scheme offers wasted space, the officer has not been in-
side the house, where ceiling heights are lower than standard doorways and the sloping
roof presents a tent like interior.
The proposal, through design skill, balancing many factors, offers supremely usable
space and maximises available volume, with presumed ‘dead’ space within roof pitches
intended for storage  - this is dangerous territory for the officer and will be dismissed
here as ill advised comment - the key here is their interpretation of ‘what does it look
like’ and the fact they find it different, don’t like it and want to rule against it - officers
have to be careful not to stray into areas that are not mitigated by Planning Policy or
their departmental remit.
The officer suggests that the scheme from ‘the west is pitched’ - we think they mean the
east?
Then states ‘from the east appears box like’ - we think they mean the west?
We question the officers clear understanding of the context and the information
submitted - the roof extensions are not visible from any neighbours as the flat roof of
the existing store on the western boundary screens the views to the roof from No. 33 and
the pitched roof proposal screens views from No. 37.
We question whether the officer has spent the time to understand the application,
whether the time has been spent to analyse the overall intent in the detailed breadth of
the context of the application submission.
The applicant has asked us if we feel that the submission has been truly understood and
read properly - we do not feel that the application has been fully assessed against all
aspects of the intent, the detail of the presentation of the submission [ Supporting Doc-
ument 003 ] and how that is supported by policy - officers offered in telephone conversa-
tion no mitigating policy to warrant a refusal [ para 001.3.0 ].                                                                            
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It is clear that there is an inconsistency with determination, the same officer approves
[ see Supporting Document 002 page 5 ] a scheme against policy DP1 intent 21/00343/
APP, where a flat roofed dormer is approved, that is clearly visible from the public do-
main, creating a major ‘bulky’ change to a roof scape in a manner similar to this applica-
tion - it feels like our client, the applicant is being penalised for presenting a proposal
that is ‘different’ while still appropriate and officers from a personal point of view DON’T
LIKE IT so they refuse the application.
Another officer approves an extensive flat roof dormer in Cullen 21/00350/LBC, on a
Listed Building in A Conservation Area wholly contradicting DP1 [ Supporting Document
002 pages 2-3 ] and an extensive very bulky square ‘box like’ extension to a house on
the highly visible harbour front in Findochty 21/01657/APP [ Supporting Document 002
page 4 ]
The REFUSAL of 22/01066/APP determination states:
2 - The proposed first floor extension incorporates an irregular roof shape giving the ap-
pearance of a two storey flat roof extension which creates unnecessary bulk and is in-
congruous with the main parent property.
This comment about bulk is a departure from the dialogue given during the determina-
tion process, see the statement below from the officer, it is also a departure from the offi-
cers Pre App response advice where it was stated:
The contemporary design proposed is recognised and understood, however, refer-
ence is drawn to part g of the policy which highlights that pitched roofs will be preferred
to flat roofs and box dormers are not acceptable. In light of this parts of the design could
be reconsidered, albeit it is recognised that the flat roof on to the adjoining property
serves to limit the height of that part of the development and incorporates a living/green
roof which could bring bio diversity benefits. It is also acknowledged that flat roofs are
already present at the property. In terms of the policy wording it is ultimately box
dormers which are not permissible under the terms of the policy, and could be ad-
dressed by deploying a shallow downward pitch to the single box dormer window
There is no PRE APP guidance telling the applicant that there is ‘unnecessary bulk’ that
is incongruous to the main parent property’ - the mass and shape of the scheme has not
changed, only to introduce as requested pitched roofing to the dormer - and over the
roof extension that reduces the height and square ‘bulk’.
The Pre App officer offered, that other than the ‘dormer’ needing pitched roof no other
part of the scheme would be refused as ‘ultimately box dormers are not permissible
under the terms of the policy’, so now with the Full Planning Application to use DP1 to
refuse the application is spurious and questionable, when before Moray Planning were
previously in support of the application intent.
To introduce in the REFUSAL NOTICE a ‘reinterpretation’ of DP1 calls in the legality of
the Moray Council determination process through a subjective reinterpretation of policy
to suit an officers personal position regarding style.                                                                            
e: nick@nickmidgleydesign.co.uk    www.nickmidgleydesign.co.uk9
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Page 138

001.3.6 Supporting Moray precedents
We note other applications over the last two years since the adoption of the MLDP 2020
and previous applications under the auspices of the older H4 policy - policies that had
the same intent.
These approvals, often in Conservation Areas, part of historic or Listed buildings have
been granted, using the same DP1 policy determinations of  schemes that are ‘different,
modern, contemporary of varying scale and style are deemed to have been acceptable.
The DP1 or previous H4 policy is interpreted to support the applications. The officers
reports say that like this application the proposals were SUBORDINATE or although dif-
ferent gave a CLEAR DELINEATION OF OLD & NEW, allowing the proposals to be
clearly distinguishable as the evolution of the host dwelling/buildings:
- The approval on the edge of Portgordon for an extensive extension to the Cate-
gory B Listed Icehouse with a cafe and living space 13/01730/PPP as a two storey
building with an alien form in relation to the icehouse,  a proposal that blocks open views
to the sea from neighbours and is highly visible in the SLA [ Supporting Document 002
page 6 ] totally contradicts the refusal in this instance, whilst the 2013 policies were su-
perseded by the 2020 MLDP the policy intent is accepted to be unchanged.
- Supporting document 002 page 7 illustrates the recent approval of a large exten-
sion to a Portgordon Cottage in a highly visible situation, in a form that is larger footprint
and in a form higher than the host dwelling presenting a two storey dwelling space -
deemed to be acceptable under DP1.
- Supporting document 002 page 8 illustrates the approval of an extension of two
storey height on the boundary dwarfing neighbours with a modern symmetrical MONO
pitch roof, flat roof link and a box dormer - a style that is alien to the host dwelling, tower-
ing over the existing house as it is higher than existing eaves and roof ridges. 
This was precedent was ignored when presented to officers during the determination,
this is a neighbouring approval in the same row of properties on Gordon Street with a
more imposing design than No. 35 [ Supporting Document 004 letter POR.P. 001 page
6 ].
- In the Cullen Seatown Conservation Area approval 09/00783/FUL - yes, an older
2009 remodelling - adjacent to and opposite category C listed property is the ‘modernist’
interpretation of the Moray vernacular, a different style and form to the immediate locality
and context but a scheme that offers and gives ‘scale, density and character [that]
must be appropriate to the surrounding area and create a sense of place’ to the her-
itage setting [ Supporting Document 002 page 9 ].
- Also in Cullen in the Conservation Area of the Seatown is approval 15/02162/
APP, the addition of a modernist box structure, higher than the eaves of the host dwelling
a category C listed dwelling house, a structure that is providing a 1st floor terrace that
overlooks neighbours and private space, a modern structure that is highly visible in the
public domain of the  Conservation Area [ Supporting Document 002 page 10 ].
We view all these examples as complementary to the quality of diversity in Moray and
commend that we are doing no different with the intent at No.35 Gordon Street.
These policies cannot be reinterpreted to suit the refusal of this application, when in
other instances with the same interventions in terms of modern style and scale where on
other schemes approvals have been given - the application for Planning Approval is a                                                                            
e: nick@nickmidgleydesign.co.uk    www.nickmidgleydesign.co.uk10
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legal process and not open to interpretation to suit personal or subjective architectural
taste by officers.
Supporting Document 002 PRECEDENTS give various examples where similar situa-
tions of bold development proposals have been approved in much more prominent Con-
servation, Heritage or within Listed buildings, that have a much greater impact in terms
of scale and bulk on the host dwelling and the setting than this application which is hid-
den and small in scale.
We have annotated Supporting Document 002 in green the context and relevance of the
approvals.
Though it has to be realised that all these approvals have not caused harm and have
contributed to the context and character of the setting and Moray.
001.4  Conclusion
We request that the Moray Review Panel uphold our review and support an approval of
the proposals on the grounds that:
- the design of the alterations and extension are not contextually inappropriate
- asymmetrical form or irregular [different] shape is not outlawed in Moray
The applicant thanks the Moray Review Panel for their time and attention with this review
request.
Yours faithfully 
Nick Midgley   BA Hons Dip Arch Oxford
NMD        
cc   applicant Ms Claire Lambert
e: nick@nickmidgleydesign.co.uk    www.nickmidgleydesign.co.uk11
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NOR Moray Review Panel - appeal of REFUSAL 22/01066/APP 

Supplementary Document 002
MORAY PRECEDENTS to 2022
NMD©                         
historic  
contemporary
contextual
SUPPORTING DOCUMENT 002
01422 255 818  www.nickmidgleydesign.co.uk nick@nickmidgleydesign.co.uk     077 111 82 313           NOR supporting doc 002  12.08.2022 page 1
Page 140

Page 141

35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NOR Moray Review Panel - appeal of REFUSAL 22/01066/APP 

Supplementary Document 002
MORAY PRECEDENTS to 2022
NMD©                         
historic  
contemporary
contextual
21/00350/LBC. Alter and extend dwellinghouse at 206 Seatown Cullen Buckie Moray  approved 15.June 2021 
Impact of the proposed development on the listed building and Conservation Area
The aim of the listed building consent procedure is to protect the character, integrity and
setting of listed buildings and requires development proposals i.e. alterations/extensions to
listed buildings or new development within their curtilage to be of the highest quality and to
respect the original structure in terms of setting, scale, materials and design.
With the exception of the dormer to the rear and small window added to the gable, very little
is proposed to the historic core of the listed building. The layout and arrangement of rooms
internally will remain unchanged ensuring that the lives of past occupants and use of the
building can be read and understood.
The proposed dormer window to the rear of the listed building will serve to provide increased
headroom height for first floor accommodation. It will have slated roof and cheeks and will not
impact on key views of the listed building.
Key views of the principal elevation will not be affected. The proposed alterations will not have
a negative impact on the character and architectural interest of the listed building.
In design terms (as amended), the scale, form and massing of the extended dwellinghouse is
similar to other residential structures in the vicinity. The extension is to be built largely on the
footprint of the existing structures
The proposal has also been designed in such a way that the composition of traditional built form and modern materials, ensures that the distinction between old and new elements is clear. The
introduction of a modern intervention is a recognised approach to ensuring that changes to historic buildings are clear allowing the viewer to understand the evolution of the building and wider
conservation area designation. The proposed alterations will preserve and enhance rather than detract from the character of the conservation area.
Conclusion - Overall, the design of the new dwellinghouse is of sufficient quality enabling it to integrate successfully and as such the proposal will not adversely affect but enhance and contribute in a
positive manner to the character and appearance of the Conservation Area in which it is located. In addition the alterations will not have a negative impact on the character or architectural interest of the
listed building.
01422 255 818  www.nickmidgleydesign.co.uk nick@nickmidgleydesign.co.uk     077 111 82 313           NOR supporting doc 002  12.08.2022 page 2
LARGE BULKY DORMER
WINDOW ADDED TO LISTED BUILDING
IN THE CONSERVATION AREA
OVERTLY MODERN
‘DIFFERNT’ STYLE
BOX DORMER STRUCTURE
NOT ALLOWED BY DP1
ELEVATION BUILT WITH EXTENSIVE GLAZING
NOT APPROVED
ENFORCEMENT ACTION??
ASYMMETRICAL POSITIONING
ON HOST DWELLING
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NOR Moray Review Panel - appeal of REFUSAL 22/01066/APP 

Supplementary Document 002
MORAY PRECEDENTS to 2022
NMD©                         
historic  
contemporary
contextual
01422 255 818  www.nickmidgleydesign.co.uk nick@nickmidgleydesign.co.uk     077 111 82 313           NOR supporting doc 002  12.08.2022 page 3
LARGE ‘BULKY’ ADDITIONS TO A LISTED
BUILDING IN A MODERN STYLE IN
THE CONSERVATION AREA
ELEVATION BUILT WITH EXTENSIVE GLAZING
NOT APPROVED
ENFORCEMENT ACTION??
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NOR Moray Review Panel - appeal of REFUSAL 22/01066/APP 

Supplementary Document 002
MORAY PRECEDENTS to 2022
NMD©                         
historic  
contemporary
contextual
21/01657/APP    Alter and extend dwellinghouse including a balcony at 31 Commercial Street Findochty Buckie Moray  approved 17.12.2021 
In considering applications for planning permission in a
conservation area, the Planning (Listed Buildings and
Conservation Areas) (Scotland) 1997 Act directs planning
authorities to ensure that new development will preserve and
enhance the character and appearance of an area. The aim is to
ensure that new development will enhance an area's quality and
therefore experience of visitors and residents alike, Policy EP9
refers.
Policy DP1 Developer Principles requires new development to
be sensitively sited, designed and serviced appropriate to the
amenity of the surrounding area and to comply with set criteria.
This includes the requirement for development to be appropriate
to the surrounding area in terms of scale, density and character.
Following extensive discussions on the design of the proposed
extension to the rear of 31 Commercial Street, the proposal as
amended, is considered to be acceptable and will not have a
detrimental impact on the parent property in character terms or
on surrounding conservation area or neighbouring amenity. The
proposal will result in an upper floor being added above the
existing ground floor extension to create first floor lounge and
balcony overlooking the harbour. The material finish of the
extension is to be coated zinc to create a modern intervention
distinctly different from the traditional rendered parent property.
This is an established conservation approach ensuring the
character and architectural interest of the parent property are
preserved. Old and new elements are easily distinguishable and
the evolution of the conservation area is clear.
There are a number of neighbouring properties with similar less successful extensions to the rear in the immediate vicinity. The proposal is of sufficient architectural quality that it will preserve and
enhance rather than detract from the established character in this part of the conservation area.
In terms of amenity, the scale, from and massing of the proposed extension ensures that surrounding properties are not directly overlooked by windows nor suffer from loss of light/daylight from its size.
Although introducing a balcony at this level, neighbouring properties are all open to public view within the harbour area and others also have roof terraces or upper floor windows overlooking the harbour.
The proposed extension will not lead to any significant overlooking or privacy issues or sunlight/daylight issues sufficient to warrant refusal.
The plan form of the extension is consistent with the traditional form of the parent property. The scale and form of the extension is subservient to the parent property and will not have a negative impact
overall. The proposals complies with the above development plan policy provisions.
No consultees or neighbouring properties have objected to the proposed development. Recommended for approval. 
01422 255 818  www.nickmidgleydesign.co.uk nick@nickmidgleydesign.co.uk     077 111 82 313           NOR supporting doc 002  12.08.2022 page 4
LARGE ‘BULKY’ ADDITIONS
TO HOST DWELLING IN A CONSERVATION
AREA - HERITAGE SETTING
HIGHLY VISBLE ON THE HARBOUR FRONT
OVERTLY MODERN
‘DIFFERENT’ STYLE
BOX DORMER STRUCTURE
NOT ALLOWED BY DP1
ASYMMETRICAL POSITIONING
ON HOST DWELLING
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NOR Moray Review Panel - appeal of REFUSAL 22/01066/APP 

Supplementary Document 002
MORAY PRECEDENTS to 2022
NMD©                         
historic  
contemporary
contextual
21/00343/APP Form dormer extension at 1 Station Road Burghead Elgin Moray 
approved 22.06.2021
Policy Assessment Siting and Design (MLDP 2020 Policy DP1)
Policy DP1 requires that the scale, density and character of all development be appropriate
to the surrounding area, be integrated into the surrounding landscape and not adversely
impact upon neighbouring properties in terms of privacy, daylight or overbearing loss of
amenity. It also states that box dormers are not acceptable.
The dormer is proposed on the rear roof plane of an existing dwellinghouse and would
contain a single opening (to be of obscure glazing) facing onto the applicant's existing
garden and beyond, the neighbouring property to the south. The dormer will replace an
existing velux rooflight and would serve a new bathroom only and therefore would not give
rise to any additional overlooking or loss of privacy to the neighbouring property to the
south.
Policy DP1 states that box dormers are not acceptable. Although the dormer proposed incorporates a sloped roof, its proportions would
be more akin to a box dormer and therefore the application was advertised as a departure from policy DP1.
A site visit was undertaken and the surrounding area has also been assessed. There are number of existing box dormers within this
area of Burghead, and in particular there are a set of two box dormers on the principal elevation of an existing building to the east
of the site (and also on Station Road). Throughout Burghead many box dormers are present, in particular these can be seen on
principal elevations, facing directly or indirectly onto the public road and some would also occupy an entire roof plane. 
The dormer proposed here would be located on a rear roof plane, and although visible from the public road to the west of the site,
would occupy around half of the rear roof plane and been designed to integrate more sensitively than a true box dormer. 
Firstly, the sloped roof gives a less bulky appearance on the roof plane and secondly, the revised external finishes of larch cladding (in
comparison to the Marley cladding original proposed) would sit well against the existing traditional dwellinghouse and natural slate roof.
The sloped roof over would be finished in EPDM which is a common finish on dormer extensions on domestic properties and would be
acceptable also in this location.
Therefore on this occasion, the proposed dormer would be considered an acceptable departure from Policy DP1 as it is not a true
box dormer (as it incorporates a sloped roof), is located on a rear roof plane and is in a location where the area is characterised by
a number of poorer examples of traditional box dormers.
Conclusion - Approval
01422 255 818  www.nickmidgleydesign.co.uk nick@nickmidgleydesign.co.uk     077 111 82 313           NOR supporting doc 002  12.08.2022 page 5
OVERTLY MODERN
‘DIFFERNT’ STYLE
BOX DORMER STRUCTURE
NOT ALLOWED BY DP1
BULKY MODERN
ADDITION
IN VISBLE POSITION
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NOR Moray Review Panel - appeal of REFUSAL 22/01066/APP 

Supplementary Document 002
MORAY PRECEDENTS to 2022
NMD©                         
historic  
contemporary
contextual
13/01730/PPP  Erect New Cafe Pavilion next to existing listed Icehouse PORTGORDON
Approved by committee 21.03.2014 shown here are prevailing policy is largely unchanged in the context of this
development 
01422 255 818  www.nickmidgleydesign.co.uk nick@nickmidgleydesign.co.uk     077 111 82 313           NOR supporting doc 002  12.08.2022 page 6
NEIGHBOUR VIEW TO SEA BLOCKED
LARGE MODERN ALIEN STRUCTURE
IN PRECINCTS OF CATEGORY B
LISTED BUILDING
HIGHLY VISIBLE IN PUBLIC DOMAIN
DWARFS EXISTING
LISTED BUILDING
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NOR Moray Review Panel - appeal of REFUSAL 22/01066/APP 

Supplementary Document 002
MORAY PRECEDENTS to 2022
NMD©                         
historic  
contemporary
contextual
Extend and alter dwelling house at Urie Cottage 6 Hope Street Portgordon Buckie 22/00902/APP  approved 30.11.2022 
Siting and Design (DP1 - Development Principles) 
Policy DP1 of the MLPD 2020 requires that the scale, density and character of all
development be appropriate to the surrounding area, be integrated into the surrounding
landscape and not adversely impact upon neighbouring properties in terms of privacy, daylight
or overbearing loss of amenity. 
The proposal is to construct a single storey extension along the eastern boundary of the
garden which will be accessed via an existing single storey extension. The scale, form and
design of the extension reflecting traditional form is acceptable and will relate satisfactorily to
the existing property. Its height will be in keeping with neighbouring properties to the east and
west. Proposed external material finishes as detailed above will also be appropriate in this
location, which is characterised by a mix of properties of different styles. 
There will be no adverse impact on the amenity of neighbouring properties in regards to
overlooking, loss of daylight or privacy. The neighbouring properties have high boundary walls
and there would be no windows above this level that would give rise to unacceptable
overlooking. The proposed single storey extension is also positioned as such to ensure that it
will not cause any unacceptable overshadowing or loss of daylight to neighbouring properties. 
Drawing from the above considerations, there will be no adverse impact on the character or
appearance of the existing property or that of the surrounding area, and there will be no
adverse impact on neighbouring amenity. The proposal therefore complies with Policy DP1. 
As such the proposal complies with Policy EP8. 
Recommendation 
Based on the above considerations the application represents an appropriate form of        
development and attracts a recommendation of approval. 
01422 255 818  www.nickmidgleydesign.co.uk nick@nickmidgleydesign.co.uk     077 111 82 313           NOR supporting doc 002  12.08.2022 page 7
HIGHER AND BIGGER THAN HOST DWELLING
HIGHER AND BIGGER THAN HOST DWELLING MODERN STYLE
VISIBLE IN VILLAGE SETTING
MODERN STYLE
VISIBLE IN VILLAGE SETTING
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NOR Moray Review Panel - appeal of REFUSAL 22/01066/APP 

Supplementary Document 002
MORAY PRECEDENTS to 2022
NMD©                         
historic  
contemporary
contextual
18/00193/APP Alter and extend dwellinghouse at 17 Gordon Street Portgordon
Buckie Moray approved 27.03.18
Policy Assessment
Impact upon the surrounding locality (H4, IMP1)
The proposed extension is required to be assessed against Policy H4: House
Alterations and Extensions and IMP1: Development Requirements in terms of style,
scale, proportions, materials and the potential impact on the surrounding area. The
main issue for consideration is whether the proposal will have any adverse effects or
impacts on the amenity of the existing house and the surrounding area, including any
neighbouring dwellings.
The design of the proposed extension is considered to be acceptable and integrates
well to the style, size, scale and proportions of the existing dwelling. The windows look
out to the garden, given its location, distance and orientation of the extension from
neighbouring adjacent properties it will not have a significant adverse impact on
sunlight or daylight nor a significant overlooking or privacy issues in relation to this
application, therefore the proposal is acceptable. 
01422 255 818  www.nickmidgleydesign.co.uk nick@nickmidgleydesign.co.uk     077 111 82 313           NOR supporting doc 002  12.08.2022 page 8
MODERN STYLE MONO
PITCH ROOF ALIEN TO HOST DWELLING
ASYMMETRICAL BUILT FORM
HIGHER THAN HOST DWELLING
DOMINANT
FLAT ROOF DORMER
LARGE EXTENDED AREA
ON BOUNDARY
DWARFING NEIGHBOURS
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NOR Moray Review Panel - appeal of REFUSAL 22/01066/APP 

Supplementary Document 002
MORAY PRECEDENTS to 2022
NMD©                         
historic  
contemporary
contextual
57 Seatown Cullen
AB57 4SJ.    
09/00783/FUL 
approved 30.07.09 
130 Seatown Cullen Buckie Moray 15/02161/LBC approved 11.02.2016
01422 255 818  www.nickmidgleydesign.co.uk nick@nickmidgleydesign.co.uk     077 111 82 313           NOR supporting doc 002  12.08.2022 page 9
MODERN ASYMMETRICAL
STRUCTURE
DOMINATING HOST DWELLING
ADJACENT TO LISTED BUILDINGS
IN CONSERVATION AREA
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NOR Moray Review Panel - appeal of REFUSAL 22/01066/APP 

Supplementary Document 002
MORAY PRECEDENTS to 2022
NMD©                         
historic  
contemporary
contextual
130 Seatown Cullen is a category C Listed Building within Cullen Seatown Conservation Area. The house is a semi-detached 1 1⁄2 storey cottage
forming part of a terrace. The cottage has a natural stone façade, having had the intended painted rubble finish removed, and a slate roof.
Impact of the proposal on listed building
The main aim of the listed building consent procedure is to ensure that any proposed new development should preserve the character and special
historic interest of the listed building. It should ensure that any new development protects key views of the listed building and that the works are
ultimately reversible and without detriment to the listed building.
The extension has been designed and will be finished in a way that makes clear it is a subordinate and modern addition to the house. The
development will not alter the way in which the listed building is understood and it will not detract from the character and special architectural
interest of the listed building. The proposals will not have an adverse effect on the character, integrity or setting of the listed building.
Recommendation is to approve.
REASON(S) FOR DECISION
The Council's reason(s) for making this decision are:-
The proposed extension will not have a detrimental impact on the character and special historic interest of the listed building. Key views of it will be
maintained.
01422 255 818  www.nickmidgleydesign.co.uk nick@nickmidgleydesign.co.uk     077 111 82 313           NOR supporting doc 002  12.08.2022 page 10
130 Seatown CULLEN
15/02162/APP
MODERN ALIEN STRUCTURE
ON LSITED BUILDING
IN THE CONSERVATION AREA
TALLER THAN HOST EAVES
CREATES OVERLOOKING
CREATES OVERLOOKING
CREATES OVERLOOKING
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
historic  
contemporary
contextual 
PROPOSED  design & context data for extending 
No 35 GORDON STREET  Portgordon  AB56 5QR
01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313          17.05.2022
SUPPORTING DOCUMENT 003
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

PROPOSAL - perspective view from south
NMD©                         
historic  
contemporary
contextual


01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.001 04.04.2022
Alain Carle architecte
Quebec Ho.
© dezeen


Buro Wagner
Munich Ho.
© domus.it
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Page 152

35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

PROPOSAL - perspective view from south east
NMD©                         
historic  
contemporary
contextual


01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.014. 07.03.2022
Brock Cottage
©NMD
Dyke Ho
© Argen Reas Architecten
Sommerhaus
© Fryd - Torben Eskerod
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

PROPOSAL - location context plan - not to scale
NMD©                         
historic  
contemporary
contextual


01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.003. 07.03.2022
Gordon Street
18
20
24
32
38
34
35
37
33
27
25
13
17
track
path
PORTGORDON
Gollachy
coastal slope
foreshore
N
0 5 15m
east end Gordon St foreshore
view east from No. 35
former coastal railway path
view north at west end Gordon St
view west
from No. 35
view north
from No. 35
No. 35
Gordon St
note:
extensions tight on
neighbour boundaries
at 23 25 27 & 17 19
No. 17 Gordon St
18/00193/APP two
storey extension on
boundary in contemporary
style with distinctive
mono pitch roof
foreshore
common access track to foreshore
view west over
east end Gordon St
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

PROPOSAL - site plan & roof 1:200 @ A3 sheet size
NMD©                         
historic  
contemporary
contextual
01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.010. 07.03.2022
GORDON
STREET
path
path
path
N
0         2         4         6m
35
37
33
32
new extension
single storey
garden
POR.P.004         07.03.2022
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

PROPOSAL - ground floor plan 1:100 @ A3 sheet size
NMD©                         
historic  
contemporary
contextual
01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.005. 07.03.2022
0          1            2          3m
No 33 No 35 No 37
living kitchen dining - living side
access
garden terrace
shower
utility bath
bed 03 - studio
lobby
entrance
lobby
garden
1.8m gap
infilled 6.5m2
neighbour
fence
GORDON STREET
proposed
GROUND FLOOR
plan
pavement
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

PROPOSAL - first floor plan 1:100 @ A3 sheet size
NMD©                         
historic  
contemporary
contextual
01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.006. 07.03.2022
bed 002 bed 001
lobby
home
office
shower
ensuite
roof void
outline
of roof
pitch
extension
extent of
extention
infilled
area
flat roof
sedum turf
planted
0           1           2           3m
roof extension
over existing flat
roof footprint
of current
bathroom
existing garden
store rebuilt as
as accessible
bedroom/studio
obscured
acid etch
glass
No 33 No 37
N
GORDON STREET
proposed
FIRST FLOOR
plan
garden
AA
BB CC
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

PROPOSAL - elevation view from south - section AA
NMD©                         
historic  
contemporary
contextual


01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.007. 07.03.2022
0                 1                 2                 3m
No 33 No37
side
access
gate
shower
ensuite
obscured
glass
studio/bed 003 utility bathroomgarden terrace
A - smooth sawn vertical larch plank cladding T&G jointed
Sadolin Extra high performance satin black wood stain
low maintenance finish
B - contrast natural stained/oiled framing larch plank
C - triple glaze Danish alu skin mid grey Eco windows      
& doors - laminated composite softwood
D - existing slate roof relaid - new reclaimed slating to match
E - pitched standing seam self coloured lead/alu metal roofing
F - green living roof Sedum planted overhang/shelter to east
G - near Passiv Haus insulated timber frame eco structure
airtight construction - low embodied carbon build
existing
neighbour
fence
lineexisting
neighbour line
higher than proposed
flat roof rebuild
of existing garden
store
flat roof
dormer
continuous to
rear No 37
flat roof
single storey
extension
existing
rear No 37
AA
B
CC
DD
E
Text
E
F
G
1:50 @ A3 sheet size
NO VIEW OF TWO STOREY
PERCEIVED FLAT ROOF
EXTENSION FROM
NEIGHBOURS or PUBLIC
DOMAIN
PITCHED ROOFING
PROPOSAL
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

PROPOSAL - elevation view from south 1:50 @  
NMD©                         
historic  
contemporary
contextual


01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.008. 07.03.2022
A - smooth sawn vertical larch plank cladding T&G jointed
Sadolin Extra high performance satin black wood stain
low maintenance finish
B - contrast natural stained/oiled framing larch plank
C - triple glaze Danish alu skin mid grey Eco windows      
& doors - laminated composite softwood
D - existing slate roof relaid - new reclaimed slating to match
E - pitched standing seam self coloured lead/alu metal roofing
F - green living roof Sedum planted overhang/shelter to east
G - near Passiv Haus insulated timber frame eco structure
airtight construction - low embodied carbon build
No 33 No 37
0                   1                     2                    3m
existing
side access
gate
studio/bed 003
behind existing
raised garden area
rebuilt garden
store
bed 001 ensuite/shower
over existing flat roof
bathroom
A
C DD
E
F
G
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

PROPOSAL - elevation view from east 1:50 @ A3 sheet size
NMD©                         
historic  
contemporary
contextual


01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.009.  07.03.2022
A - smooth sawn vertical larch plank cladding T&G jointed
Sadolin Extra high performance satin black wood stain
low maintenance finish
B - contrast natural stained/oiled framing larch plank
C - triple glaze Danish alu skin mid grey Eco windows      
& doors - laminated composite softwood
D - existing slate roof relaid - new reclaimed slating to match
E - pitched standing seam self coloured lead/alu metal roofing
F - green living roof Sedum planted overhang/shelter to east
G - near Passiv Haus insulated timber frame eco structure
airtight construction - low embodied carbon build
A
D
E
G
side access
to existing
garden
gate
garden area
sloping to
south side
old railway
cycle track
GORDON STREET
0                    1                    2                    3m
existing
garden
terrace
concrete hardstanding
removed
gravel & free draining
surface to mitigate
surface run-off
combined with Sedum
green roof to slow surface
run-off & improve upon
existing free draining and
reduce surface water to
public drains
EXISTING GABLE VIEW
PITCHED ROOF
over existing flat
roof to bathroom
existing front
dormers
added c1905
garden store
rebuilt as studio
bedroom
Page 159

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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

PROPOSAL - elevation view from east 1:50 @ A3 sheet size
NMD©                         
historic  
contemporary
contextual


01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.010       07.03.2022
A - smooth sawn vertical larch plank cladding T&G jointed
Sadolin Extra high performance satin black wood stain
low maintenance finish
B - contrast natural stained/oiled framing larch plank
C - triple glaze Danish alu skin mid grey Eco windows      
& doors - laminated composite softwood
D - existing slate roof relaid - new reclaimed slating to match
E - pitched standing seam self coloured lead/alu metal roofing
F - green living roof Sedum planted overhang/shelter to east
G - near Passiv Haus insulated timber frame eco structure
airtight construction - low embodied carbon build
line of
existing
neighbour
fence
infill
new build
connection to rebuilt
garden store
kitchen stair lobby
lobbystore
existing dormer
window
new dormer
pitched roof
extension
existing garden
garden terrace
concrete hardstanding
removed
gravel & free draining
surface to mitigate
surface run-off
combined with Sedum
green roof to slow surface
run-off & improve upon
existing free draining and
reduce surface water to
public drains
A
A
C
D
E
F
G
0                   1                     2                   3m
GORDON STREET
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

PROPOSAL - elevation view from west 1:50 @ A3 sheet size
NMD©                         
historic  
contemporary
contextual


01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.011          07.03.2022
GORDON STREET
0                    1                    2                    3m
A - smooth sawn vertical larch plank cladding T&G jointed
Sadolin Extra high performance satin black wood stain
low maintenance finish
B - contrast natural stained/oiled framing larch plank
C - triple glaze Danish alu skin mid grey Eco windows      
& doors - laminated composite softwood
D - existing slate roof relaid - new reclaimed slating to match
E - pitched standing seam self coloured lead/alu metal roofing
F - green living roof Sedum planted overhang/shelter to east
G - near Passiv Haus insulated timber frame eco structure
airtight construction - low embodied carbon build
A
B
C
D
E
G
Garden terrace
concrete hardstanding
removed
gravel & free draining
surface to mitigate
surface run-off
combined with Sedum
green roof to slow surface
run-off & improve upon
existing free draining and
reduce surface water to
public drains
home
office
areastairvoid
lobby kitchen
existing garden
existing neighbour
fence to east boundary
PITCHED ROOF
over existing flat
roof to bathroom
C
C
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

PROPOSAL - elevation view from west 1:50 @ A3 sheet size
NMD©                         
historic  
contemporary
contextual


01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.012               07.03.2022
A - smooth sawn vertical larch plank cladding T&G jointed
Sadolin Extra high performance satin black wood stain
low maintenance finish
B - contrast natural stained/oiled framing larch plank
C - triple glaze Danish alu skin mid grey Eco windows      
& doors - laminated composite softwood
D - existing slate roof relaid - new reclaimed slating to match
E - pitched standing seam self coloured lead/alu metal roofing
F - green living roof Sedum planted overhang/shelter to east
G - near Passiv Haus insulated timber frame eco structure
airtight construction - low embodied carbon build
A
C
obscured
acid
glass
D
E
pitch roof
dormer
window
extension
F
G
New section
infill build
to join existing
garden store to
house as
studio/bed 003
existing neighbour
fence to
boundary
rebuild of garden store
behind to follow
same volume/proportion
0                 1                 2                 3m
GORDON STREET
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

EXISTING - plans & elevations 1:100 @ A3 sheet size
NMD©                         
historic  
contemporary
contextual
01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.025  07.03.2022
EXISTING rear south elevation from garden EXISTING front north elevation - shown for information not part of application
0         1          2         3m
EXISTING ground plan EXISTING first plan
garden store
33 35 37 35 33
33 37
garden store
side
passage
access
bath
living livinglobby
lobby bed 01bed 02
flat roof flat roof
lobby
sloping garden N
entrance
concrete
area
to be removed
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

EXISTING - elevations & sections 1:100 @ A3 sheet size
NMD©                         
historic  
contemporary
contextual
01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.026  07.03.2022
garden store
neighbour
fence line
to No 33
GORDON
St
GORDON
St
GORDON
St
GORDON
St
neighbour
fence line
to No 33
neighbour
fence line
to No 37
garden store
garden
store
view from
No 33
SECTION view west SECTION view east
SECTION view eastELEVATION view west
gable view from No 37
access/passage
Flat roof
bathroom
Flat roof
bathroom
kitchen kitchen
lobby lobby
lobbylobby
garden
garden
garden
garden
0        1          2         3m
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

EXISTING & PROPOSED - roof plan 1:100 @ A3 sheet size
NMD©                         
historic  
contemporary
contextual
01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.027  07.03.2022
EXISTING roof plan PROPOSED roof plan
0         1         2           3m
N
garden store
flat roof
bathroom
flat roof
chimney
RL
RL
sedum planted
new flat roof
at
same level
as existing
standing seam
aluminium
anthracite grey
shallow pitch roofing
reused/reclaimed
small format original
slate roofing
matching pitch
B
A
A
BB
C
C
1.75m infill
overhang
0.75m
33 35 33 35boundary
to No 37
boundary
to No 37
dashed
outline
of
original
& proposed
footprint
6.75sm
gardengarden
GORDON StGORDON St
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NMD © 2021       block site plan  1:200 scale at A3 sheet C Lambert    35 gordon Street PORTGORDON AB56 5QR

A3 sheet 

DO NOT SCALE

this drawing is a digital 

file indication of scale 

for printing relies on 

true print/sheet sizes 

ANY DOUBT ASK
nick midgley design   26.06.2021 07711182313  01422255818 nick@nickmidgleydesign.co.uk GOR.PA.008
35
37
Gordon Street
old railway line
new
extension
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Page 167

35, Gordon Street, Portgordon, Moray, AB56 5QR
Location Plan shows area bounded by: 339783.2, 864206.25 339983.2, 864406.25 (at a scale of 1:1250), OSGridRef: NJ39886430.  The representation of a road, track or path is no evidence of a right
of way. The representation of features as lines is no evidence of a property boundary.
Produced on 7th Feb 2022 from the Ordnance Survey National Geographic Database and incorporating surveyed revision available at this date. Reproduction in whole or part is prohibited without the
prior permission of Ordnance Survey. © Crown copyright 2022.  Supplied by https://www.buyaplan.co.uk digital mapping a licensed Ordnance Survey partner (100053143).  Unique plan reference:
#00705198-ACF6F1
Ordnance Survey and the OS Symbol are registered trademarks of Ordnance Survey, the national mapping agency of Great Britain.  Buy A Plan logo, pdf design and the www.buyaplan.co.uk website
are Copyright © Pass Inc Ltd 2022
35
33
37
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
historic  
contemporary
contextual
PROPOSED - DESIGN STATEMENT context, historic mapping, intent & environment 
No 35 GORDON STREET Portgordon AB56 5QR
01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.statement A  18.07.2022      1
Page 168

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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
historic  
contemporary
contextual
Portgordon 
01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.statement A  18.07.2022      2
NMD © 2021       site location
A3 sheet 

DO NOT SCALE

this drawing is a digital 

file indication of scale 

for printing relies on 

true print/sheet sizes 

ANY DOUBT ASK
GORDON STREET
35
35
Page 169

Page 170

35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
historic  
contemporary
contextual
INTENT
The intent is to alter and update the property, to provide an extra bedroom at ground floor to support multi generational accessible living, extend the roof level/first floor accommodation to improve head
height and volume to the existing bedroom/living spaces and to extend the roof pitch over the flat roofed ground floor bathroom to create a first floor ensuite bathroom.
Overall a complete 21st C renovation of the building fabric, to highly insulate to near Passive Haus standards, damp proof the structure and create an environmentally friendly airtight envelope with an
energy efficient wet underfloor heating system [UFH], married to well managed smart energy control, with the allowance for future incorporation of either heat pump technology or hydrogen ready heat
generation.
The existing fabric and materials will be retained externally to the north Gordon Street Elevation there will be no outward alteration or physical changes.
FAMILY living
The accommodation is to provide family accommodation for the applicant, to create a sensitive refurbishment of the existing spaces and with minimal new built footprint to improve the volume of living
space, to let more light into the property, to nurture a healthy 21st C environment and to preserve the property for future generations.
HERITAGE setting
It is important to the applicant to preserve the intrinsic character and qualities of this heritage [mid 1800’s] dwelling but to also improve and contrast the new additions, to give an holistic response, that is
not slavishly mimicking an historic style with a weak pastiche - but to offer strong yet sympathetic new forms. With embedded vernacular and historic references, whilst offering a contemporary response. 
The form and character of the village is unique, as the settlement was a new community and a planned build by the Duke of Gordon’ though not as formal as Tomintoul or Fochabers due to its geography
on a relatively narrow foreshore strip. The creation of ‘Port Gordon’ linked the existing settlements of Gollachy and Port Tannachy.
With these modest interventions to the property, we are conscious that the proposals are contemporary - but respond to the here and now of the village and its flow through history.
01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.statement A  18.07.2022      3
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
historic  
contemporary
contextual
SETTLEMENT history & context
In the late 1700’s Buckie was the principal fishing community on this local part of the coast. At that time fishing was by line, in boats no larger than 14 tons. Development locally of the industry was limited
by the lack of proper harbours and disputes amongst the three owners of the various local boats. 
One of these local owners, Alexander, 4th Duke of Gordon, decided to establish a new village, just to the west of the tiny community of Gollachy, which comprised but a few houses in the area that is now
Gordon Street. Work was underway on the harbour by 1795 and stone was being shipped from Lossiemouth in 1796. In 1797 houses were built for ten fishermen and their families from Nether Buckie
which resulted in the communities of Tannachy and Gollachy being joined together as Port Gordon [Portgordon].
Portgordon developed with other uses for the harbour other than purely fishing, with its developing growth and commercial advantage, it started exporting timber and quarry materials, overtaking Buckie in
importance. The village thrived into the late 1800’s and early 1900’s. By the 1850s a post office had opened and there were many coopers, fish processors and net makers. By 1861 the population had
grown to around 630. The opening of a fertiliser factory in Keith lead to traffic in bones through the harbour too. The harbour was also used for the export, from further inland, for timber and stone. 
John Gordon of Cluny was the member of the Gordon family to build the ‘modern’ Gollachy part of
Portgordon, at the east end of the village, the [applicants] house/property at No 35 was still owned by the
Gordon family and passed to his illegitimate son John, then the majority of Portgordon property ended up
with his wife after his death 1878.
The house was built just before the railway was built, as it’s shown on the 1870’s plan proposals which the
applicant has sourced from the National Record in Edinburgh - but not on the 1860’s survey. Various routes
were muted for the coastal railway between Portsoy and Elgin with the route through the village being
established by an Act of Parliament 1881 and following a line through the mid level of the coastal slope,
avoiding most of the existing dwellings, though not requiring to climb to the higher ground to the south of
the village. The railway has defined the southern limit of the property, with Gordon Street to the north.
With the railway planned in about 1845 and built and opened by 1886, as referenced in the searches in the
title documents for the No 35 property.
In 1956 No 35 came into the family who the current owner/applicant purchased it from. The current dormer
windows were added later and from internal structural inspection, noting the carpentry & machine sawn
timbers/fixings dates them around c1900, this corresponds with the decline of fishing and artisan uses of
the properties when predominantly the upper floor was used for storage. It’s likely that the first floor
accommodation became habitable space.
A boat-building industry began, and in the early 1900’s local boat yards were ranged on the foreshore to the
east of the harbour, first constructing Zulu’s and from 1903 steam drifters. In 1907 one yard employed fifty
men and launched a drifter every month or so - but this business in drifters had dried up by 1915, though                        
the yard continued to produce salmon cobles. 
Since the 1960’s there has been a steady decline in fishing & coastal industries, the village now has been occupied by families who draw occupations from a wider region, in the first part of the 21st C the
village has seen people and families moving in from outside the local region, though the village is predominantly still owner occupiers, with only a very few holiday lettings or tourist related occupations. 
01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.statement A  18.07.2022      4
map 1825-40’s
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
historic  
contemporary
contextual
01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.statement A  18.07.2022      5
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Portgordon
harbour view
from west
context images views
from east & south
photographs show earlier
two storey mansard
roofed outbuilding
to the rear of 37/39
historic view of harbour
illustrating groupings
of ancillary sheds
& workshops
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
historic  
contemporary
contextual
LISTED historic buildings locally 
It is interesting that in the ‘fisher town’ of Portgordon there is only one listed building, as there are many good examples of heritage dwellings & structures, all with their own merit, that create the unique
setting and character of this historic coastal settlement.
PORTGORDON 2 EAST HIGH STREET                LB15522       Category C
Date Added  22/02/1972
Local Authority Moray
Planning Authority Moray
Parish   Rathven
NGR   NJ 39650 64244
Coordinates  339650, 864244
Description
Early 19th century. Single storey, 4-bay cottage with single bay return elevation to Gordon Square (W). Rendered rubble with later long and short detailing.
Entrance with panelled door flanked by windows with varied glazing; blocked doorway in outer bay at right; single window in W elevation (to Gordon
Square). Renewed brick end stacks; piended slate roof.
PORTGORDON, GOLLACHY ICE HOUSE             LB15546        Category B
Date Added  25/04/1989
Local Authority Moray
Planning Authority Moray
Parish   Rathven
NGR   NJ 40260 64565
Coordinates  340260, 864565
Description
Earlier 19th century. Rectangular rubble ice house with long elevations E and W, and off-centre entrance in E. Modern pinkish harl. Piended turfed roof
with blocked chute. Ramp at W leads from road to ice house at roof-height.  INTERIOR: steps descend from doorway to ante-room (cool chamber) from
whence a further doorway leads to single chambered vaulted ice house.
Statement of Special Interest - Unusual ice house in that it is sited on the shore and excavated rather than being built into side of hill. Restored by Moray
District in 1970s.
Gollachy Ice House planning approval 17/00155/LBC
01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.statement A  18.07.2022      6
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
historic  
contemporary
contextual
ASSET nature & context
Whilst there are only two immediate Listed Buildings close to the applicants property and the village is not a Conservation Area, the heritage assets form this planned village and the inherent preserved
history of the settlement, this places it equally with other historic settlements on the Moray Coast. It is relevant with new proposals for development to be conscious of the heritage setting, the quality of
environment and the catalogue of vernacular properties that are a good record of the social and economic development along this immediate part of the coastal strip.
The applicants property is part of the latter construction of the eastern end of Gordon Street in the mid 1800’s, the linear development of the Gollachy part of the village, built on the available land that is
slightly higher than the foreshore with its naval uses and the abrupt coastal slope to the south, this slope was likely steepened at this eastern end of the village with the construction of the railway.
The original properties prior to the planning of railway on Gordon Street were likely to have been built in the first quarter of the 19th C, as the railway was at this point planned on the south side of the
village at the top of the coastal slope - these properties we know through discussion with owners on Gordon Street, had longer gardens extending right up to the top of the coastal slope and to the rear of
where it was, until more modern development, just farmland.
The gardens to the last 9 properties on the south side of Gordon Street from 33-49 were planned with shorter or no gardens [see the map/plan below] though its likely concurrent with the railway
construction, as the land was all in the ownership of the Duke of Gordon gardens were bundled together, when the railway was built or later in 1956 when the land was sold by the benefactors of the
Gordon Estate into private ownership. This indicates that the nature of the street and the land adjoining the property has altered little since the mid 1800’s.
With the proposal we are conscious of the social & economic progression of the village and this design reflects the architectural history of the immediate area whilst also bringing to a fore the
contemporary style and use for this property into the 21st C and beyond.
01422 255 818  www.nickmidgleydesign.co.uk
nick@nickmidgleydesign.co.uk     077 111 82 313           POR.P.statement A  18.07.2022      7
map 1902 legal document 1956 archive map pre Act Of Parliament for railway construction 1825-50
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
historic  
contemporary
contextual
This historic dialogue is evidenced for properties along Gordon Street being used for the boat building and fishing industry. The photographs shown on the adjoining page 5, shows the property to the east
of No 35., [No 37/39] had well into the 1950-60’s a large sail/net loft or 2 storey workshop to the south. As a full two storey structure, it appears to be dark stained, presumably timber framed/planked
building, with a steep mansard type roof and a flattened top. This style of building is typical of sail/net lofts from many east coast communities, where sails or nets could be rigged and stored vertically for
repair and drying.
The photographs and mapping [pages 5-9] also show that previously the area to the south of the ribbon of symmetrical houses along Gordon Street, had many varied and different forms of outhouse and
potentially ad-hoc dwellings/workshops, mostly on the flat low area before the coastal slope developing a tight and varied built form under the coastal slope.
Many of the these forms and structures remain and more recently there has been a steady growth in new ‘garden and workshop’ ancillary buildings developed as adjuncts to the historic properties. Often
these structures are single storey with flat or pitched roofing, though some are two storey. A strong relationship is established between the formality of the street frontage and back plot ancillary
accommodation which creates varied and visually interesting variation in scale and forms within the tight village plots.
This is a typical character of the areas to the south of Gordon Street and the loose grid of dwellings closer to the harbour - historically there will have been more shed, workshops and storage buildings
around the harbour [image page 5].
Some of the rear development to property along Gordon Street is attached to the existing houses or equally detached. Development has historically been tight on boundaries and parallel with neighbour
structures. The aspect from dwellings is predominantly north and south with very little gable or boundary fenestration.
The images [on page 9]  illustrate the close knit ad-hoc
arrangements of the ‘backland’ structures and vernacular
forms of roofscape, sheds and workshops, compared to the
more formal linear character of the Gordon Street frontage,
Hope Street and leading into east High Street East and
Gordon Square to the south of the harbour. Despite the more
formal planned nature of some of the historic villages, the true
Moray character is made up with the ranges of cottages and
by the varied scales around each property, vernacular forms
and the loose development of ancillary buildings that is part of
the predominance of the Moray village characteristics.
The growth of Portgordon within the topographical constraints
and within the older part of the village beyond the ribbon
layout, has to a greater extent been organic, built structures
and forms of varying scale, one two and three storey
sometimes with high pitched roofing and steep gables, these
dwellings fill the spaces between the harbour shore,
roadways and alleys. 
Giving an intense footprint of buildings, that only dissipates
suddenly to the east on the side of the foreshore, this is
where the ownership of the land is that of the Crown and to
the south where the village was ultimately confined by the
railway.
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NMD©                         
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contemporary
contextual
The foreshore historically provided for boat building, the sheds and enclosures must have been transient as little on the historic map surveys records this industry. The now privately owned ranges of
drying frames were apparent for fishing equipment and then more latterly used as communal washing lines - the immediate foreshore/access lane now provides for parking and access to the houses on
the north side of Gordon Street - as the north side of the A990 roadway is not usually used for residential parking.
The houses on Gordon Street to the south use the street frontage for parking, the frontages of the dwellings stretching to +13m providing ample space for 2-3 vehicles outside each dwelling. 
CONTEXTUAL vernacular precedents 
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Tannachy - out buildings Gordon Street - outbuildings Kingston - outbuildings Spey Bay - varied forms & outbuildings Kingston WW2 vernacular
Portgordon varied roofscape Portgordon varied roofscape Gordon Street view west
No 35 & 37
Tannachy varied forms Kingston - monopitch
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
historic  
contemporary
contextual
CONTEXTUAL contemporary precedents 
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West Bank GARMOUTH
18/00843/APP
incongruous modern box
dormer to front elevation
130 Seatown CULLEN
15/02162/APP
modern well designed two
storey addition to dwelling
in Conservation Area
Lennox Brae FOCHABERS
17/00907/APP
modern replacement
dwelling - well
designed form and
context in
Speyside setting
Dalmunach Distillery STRATHSPEY
large contemporay
structure in rural
open setting contextural forms
relating to historic vernacular
© Norr Design
Strone Cottage NEWTONMORE
contemporary refurbishment &
extension of existing croft
exemplary modern building
within Cairngorm National Park
© Loader Monteith
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35 GORDON STREET Portgordon AB56 5QR                         
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NMD©                         
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contextual
NEW BUILD intent
The intent is to alter and update the property, to provide an extra bedroom at ground floor to support multi generational accessible living, extend the roof level/first floor accommodation to improve head
height and volume to the existing bedroom/living spaces and to extend the roof pitch over the flat roofed ground floor bathroom to create a first floor ensuite bathroom.
Overall a complete 21st C renovation of the building fabric, to highly insulate to near Passive Haus standards, damp proof the structure and create an environmentally friendly airtight envelope with an
energy efficient wet underfloor heating system [UFH], married to well managed smart energy control, with the allowance for future incorporation of either heat pump technology or hydrogen heat source
generation.
VISUAL and local amenity
The existing fabric and materials will be retained externally to the north Gordon Street Elevation there will be no outward alteration or physical changes. The intent is to be contemporary both in the
arrangement of the dwelling and also in the visual aspects of the new additions to the south/rear.
Contextually the intent for the new build rear/south additions, is to carefully moderate the scale and form, the roof level additions are to be built within the roof and to reuse the existing slate for the new
pitches, the ‘dormer’ window arrangements are to be varied pitched forms, with a shallow pitched capping in standing seam zinc or folded aluminium sheet. The new wall cladding is to be a crisp dark
stained larch boarding, whilst window openings are to be contrasted with natural coloured timber edge framing - these are all vernacular features, reinterpreted and expressed in a contemporary form -
the pitched roofing moves away from the plethora of awkward ‘box dormers’ dotted around the village on historic properties, here we intend for the scale of the additions to create a comfortable dialogue
with the host dwelling, respecting the form and mass, not to be over bearing, creating additions which are obviously ‘of a time’ and visually pleasing but secondary to the host form.
Looking into the site from neighbours the aspect of the new forms will be pitched slate roofing reusing the small format natural slates, longer views into the dwelling from the south are from the higher
ground of the old railway/coastal trail, this aspect is physically separated from the public domain by a 1.5m earth bund and currently low 1.2m boundary fence, reinforcing the separation of the property
from public areas. Mature planting in the garden area breaks up any direct views of or into the the property. The partial views of the additions that can be seen from the neighbours and the public realm
will be visually interesting and protect amenity.
Non of the new first floor windows overlook the neighbours private amenity and the window facing west from the first floor ensuite bathroom is to have obscured glass.
The flat roof over the SE bathroom addition is removed by building over with a ‘within the roof’ two storey [inc. the roof] pitched roof addition, this form sits below the existing ridge and only extends over
the existing footprint of the bathroom.
The flat roofed garden store to the SW is to be rebuilt utilising only the existing footprint and volume, it is to be joined to the main house, building over the void and filling the space and minor opening to
No 33, the new build footprint proposed here is c6.5sm in total [1.8x3.6m] and 2.4m high to the gutter line.
This existing partial boundary opening is currently screened by the No 33 garden fence which is at a higher elevation and the lower cement rendered boundary wall to No 35 - the height of this link will be
below the gutter line and contiguous with the existing storeroom height.
It should be noted that building on boundaries with single storey adjuncts are typical of the Portgordon plots, with a recent large scale infill at No 17 Gordon Street [18/00193/APP], adding a two storey
extension on the boundary, in contemporary style with a distinctive mono pitch roof. Closing this boundary gap to the east of No 33 will have little detriment to amenity and increase privacy.
The neighbour to the west at No 33 has now constructed a garden extension structure, single storey under Permitted Development [PD], other than the extension over the bathroom at No 35, the other
proposed works to provide the roof dormers and the garden store rebuild, would all have been permitted under PD. We do not consider the proposals reduce visual or domestic amenity of neighbours.
The neighbour at No 37 to the east has a large box dormer the length of the property, the new roof pitch over the bathroom at No 35 screens any direct views from No 37.
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NMD©                         
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contemporary
contextual
CONTEXT for the design
The proposals relate to the examples of vernacular forms and secondary adjuncts to dwellings found locally around Portgordon and in the immediate coastal vicinity.
The dark stained timber and simple recessed window and door openings are typical of the extensions, sheds and workshops found along the coast [see page 9-10], varied heights and massing are typical
of additions to the historic dwellings, varied roof pitches and contrasting use of materials are reflected in many of the coastal villages.
We have chosen forms that reflect the sheds and additions to older dwellings - but we have with crisp architectural detail and careful selection of materials, attempted to design a response that is 21st C,
whilst borrowing its lead from history. The additions will be subtle and secondary to the host dwelling, of a scale and form that marries well in local context and built in a manner that weathers well and
requires simple yet minimal maintenance.
The contrast of stained timber, sheet metal with simple and defined openings all features that have a contemporary vernacular dialogue, whilst reflecting the history of build techniques and the locally
sourced and used materials. The forms are subtle, visually interesting - but not so overt as to contrast awkwardly in the neighbourhood.
MATERIALS and build
We have spent time sourcing windows and doors in particular, we do not specify, where possible plastics in our builds, this is paramount in window and door specification, we feel it is important to use
window and door units that in their detail and function give a strong visual reference and contribute to the overall quality of the project.
The proposal is to replace windows with the traditional format and proportion of casement timber windows with a natural low gloss paint finish, to pick-up on the existing local heritage style and forms,
whilst ensuring a contemporary unit is used that provides the best performance, style and eco credentials. 
We have a track record of over 25 years working with high performance triple glazed factory painted, authentic ‘Scandinavian’ style windows. We propose a traditional style and construction of casement
sash window, available in high quality sustainably sourced laminated SW timber framing, with a low gloss self coloured aluminium skin externally. 
Narrow traditional format 24 mm glazing bars maintain the heritage style, as well as being low maintenance long-lasting windows - high quality crafted windows that are CE-marked, using FSC timber -
guarantee of energy performance - with a cottage window style, this is a rare proposition 
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35 GORDON STREET Portgordon AB56 5QR                         
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NMD©                         
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contextual
Designed to provide an effective barrier against inclement Scandinavian weather, a triple- glazed argon filled window unit is one of the best solutions available. It allows us to strike the balance between a
light-filled home with views of the outdoors, and one that will stay warm and cosy throughout the chilliest of winters - in addition to impressively low U-values 1.0 or better, the low-maintenance outer-face
gives great performance for years to come with minimal upkeep. The solid timber core of the windows means they score high in terms of acoustic and thermal performance whilst looking good.
The new structures to the rear/south side of the house will be highly insulated timber frame panels, clad vertically in locally sourced T&G smooth sawn larch, tightly jointed. Dark stained with black Sadolin
Extra a low sheen high performance low maintenance opaque wood stain - this form is redolent of the vernacular vertical plank on plank boarding found in the coastal buildings along the Moray coast.
The shape of the roof extension and the build-up over the bathroom reflects previously the neighbour structure of the workshops, net and sail lofts [page 5], tar painted, board on board cladding, bluff
facades and sculptural yet functional built form.
Through the Pre App discussion and understanding the new ‘Local Plan’ guidance, we know there is a move away from the plethora of applied ‘box dormers’, in some cases there are good examples
though often these additions are awkward and out of scale with the host dwelling [page 10].
The proposal with the redevelopment of No 35 is to bring a heritage asset back to good repair and to upgrade the scope of the accommodation and renew the fabric to foster a good 21st Century living
environment.
The property had until mid 2021 been empty since 2019, there had been only minor upgrading in the last decade, with a grant funded basic central heating system, plastic UPVC windows and a plastic
lined wetroom/accessible bathroom installed for an elderly occupant.
The scope of the accommodation is dated and largely unchanged in the layout from the early 1900’s. The property is by todays standards poorly insulated and has a relatively primitive heating system
with very limited management/control not conducive to energy efficient comfortable 21st C living.
The intent is to complete an invasive refurbishment, strip and remove wet/dry rot and all deleterious material. Currently the ground floor timber floor joist structures sit within the sand & gravel of the
foreshore, there is no damp proofing. The dwelling structure is of solid sandstone walling, this typically the lowland Moray outcrop sandstones of Upper Old Red Sandstone age, which were widely
quarried along the ridges from Alves to Elgin, with very large workings at Newton and in Quarry Wood. 
This stone is creamy yellow to pale pink in colour and the textures vary from pebbly, through gritty to fine-grained varieties. Externally the higher quality fine grained dressed sandstone is used around
openings to the north, whilst internally the softer [cheaper] pinker sandstone rubble walling is predominant.
Externally the bays of north facing walling are courses of mis-shapen random or field rubble, that are infilled or caulked with smaller pieces, locally known as 'cherry-cocking'. This is a very old practice
which has continued well into this century. Amongst early examples are the walls enclosing the garden at medieval Pluscarden Abbey and the park walls at Rothiemay House, occupying the site of
Rothiemay Castle.
The intent is to re point the external walling with a lime/grit mortar, the rendered areas of walling to the east/south will be retained as they are in good condition.
Typically internally the walls are dry lined/battened in hardboard/plasterboard, with the original roof structure slated/boarded over a heavy ‘A’ frame rafter and floor joist, half lapped joints and skew nailed.
The low slate pitched dormer faceted windows are from the early 1900’s and cut through the roof frame structure and extend into what was formerly roof void. The staircase and ground floor partitions are
relatively modern and plasterboard.
The interior will be stripped out, new dry lining to the walls with near Passive House insulation installed, floors removed and excavated and relaid with damp proof tanking, insulation and a wet underfloor
heating system run off either an air source heat pump or eventually a hydrogen ready boiler system. The upper floor will see the roof stripped internally and insulated to the same high standards, vapour
barriers installed and relined. The existing roof is to be relayed with the existing slates with reclaimed matching slate to replace/add-to as required.
ENVIRONMENT low embodied carbon - principles of design
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
historic  
contemporary
contextual
NMD only specify natural and sustainably sourced materials, we tend not to specify first use plastics where possible, preferring recycled building products reusing plastics, polyester and natural materials,
we don’t use plastics in situations where they can degrade and breakdown into micro particles or give off toxic gaseous emissions that cause illness, pollute living environments and the natural
environment.
We look to buildings to be very low maintenance, minimise intensive maintenance like repainting, this reduces the breakdown of deleterious materials into the environment - as such specifying natural
materials that need little or no protection with products like solvent based paints or stain coatings:
- We often use Larch from sustainable local sources, which akin to Cedar when used where it is properly detailed, has a 90+ year design life and carries a very low embodied carbon.
- We frequently use Sheep wool insulation, which is a grass fed natural grown organic material, this uses a material that is now virtually a ‘modern waste product’ - in use it absorbs toxins and locks them
away, it filters moisture and dries out structures naturally and is one of the only high performance ‘quilt’ like insulants that has a very high insulating value when damp. It is not an irritant when being
installed and has a design life when correctly installed in excess of 100 years.
- Recycled polyester insulation married to recycled plasticised aluminium foil membranes, create a high performance airtight ‘thin layer’ quilt, that also acts as a vapour barrier and providing internal
waterproofing to solid masonry structures - with a 70+ yr life.
- Recycled slate for roofing repairs is a material with a design life that is almost infinite, within a correct traditional installation - very low in embodied carbon.
- We minimise concrete/cement use and maximise use of natural lime/sand mortars.
- We minimise blown gas slab insulant slab use, only using it ‘sealed’ within structures to prevent the breakdown of the material and release of deleterious toxic gases into living spaces.
- We do not specify any products with embedded formaldehyde or solvents.
- We limit the use of gypsum products.
- When we specify aluminium and steel - it has long life galvanised or powder coat finishes - used in shallow pitch roofing and/or preformed gutter and downpipes.
- We only specify smart heating systems - designing dwellings to be close to Passiv Haus standards, energy systems that are ‘hydrogen ready’ or run from bio source materials or heat pumps and MHVR
systems with smart user friendly control systems collect and recycle heat.
- All our dwelling designs rely on natural ventilation patterns.
- We design all buildings to maximise natural daylighting to provide a good natural living environment for all seasons.
- We specify argon filled energy coated triple glazing, in aluminium skinned natural timber framed windows, low maintenance and high eco performance - also offering high security and good acoustic
insulation. The units generally have a minimum 75 yr design life and are warrantied for 25 yrs.
- We only install LED lighting with dimming and temperature control ‘app’ operated smart systems to mange switching periods.
- We source the majority of build elements local to the build site, to reduce embodied carbon, minimise vehicle movements and to support small local business & economy.
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35 GORDON STREET Portgordon AB56 5QR                         
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NMD©                         
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contemporary
contextual
- We design build programmes to minimise local disruption with a zero tolerance on emissions of dust and dirt, we design in working practice on site to create clean safe working environments.
- We do not use suppliers or practises that support ‘modern day slavery’, we do not source materials from parts of the world or regimes where the environment, human rights and basic freedoms are not
respected.
- Already No. 35 is zero fossil fuel - it only uses wind/solar source electricity and renewable bio gas.
- We incorporate where possible ‘flat-roof’ Sedum Turf planting or similar, to foster bio diversity and modify surface run-off to reduce local flash flood drainage issues. We minimise hard surfaces to
reduce surface run-off and incorporate natural ground percolation for managing storm water/surface water and flash flooding.
DRAINAGE SUDs - reduction in surface water run-off 
The scheme overall improves surface water run-off and reduces the amount of hard surface drainage going to the local drainage system and modifies peak rainfall drainage from flat roof areas by
introducing Sedum Turf that slows surface storm water surge run-off.
The run-off currently from pitched, flat roofing and concrete areas is collected by gutters, RWP’s and back inlet gullies, that drain to the combined sewerage/rainwater system locally in the village.
Currently the house and garden store has a combined plan footprint of 102sm, the link addition between the house and store will add 6.5sm, a 6% increase in ‘built over’ area for this development.
Though this is tempered by the intended removal of the south side concrete forecourt in the garden, this is to be replaced with a free draining gravel area, allowing a natural soak-away into the ground for
these external amenity areas, this is an area of 35.5sm [equivalent to 33% of the building footprint], by removing this concrete area, we reduce the drained surface area going to surface water run-off and
the existing drainage system by 24%.
A gross mitigation of a reduction of 24% surface area rainwater to the drainage system.
HIGHWAYS sustainable access & parking
The dwelling is served locally by the Inverness to Aberdeen No 35 bus route within some 20m of the front access door on Gordon Street, this links the village directly on a near hourly basis from
5.00am-11.pm daily Mon-Sat and 10.30am-11.00pm Sundays, this system allows connections to mainline railway stations in Elgin, Inverness, Aberdeen and local points in-between. And allows bus links
from Elgin, Inverness & Nairn direct to Inverness Airport. This allows sustainable access to local, regional and national access to education, healthcare, retail outlets, employment and leisure
opportunities.
Parking is available on the south side of Gordon Street, with nominal 2-3 spaces per dwelling,  with north side Gordon Street residents having private off road parking behind their properties on the north
side foreshore lane or within their own garden forecourts. There is also availability of extra visitor parking within 300m, at the ‘free-use’ harbour car park.
FLOOD risk - non for applicant site - even with predicted 1m level increases for coastal flooding/surges as the property sits 5.5m above the high tide level
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
historic  
contemporary
contextual
COASTAL flood risk
RIVER flood risk 
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
historic  
contemporary
contextual
SURFACE water flood risk 
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
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contemporary
contextual
IMPACT on the asset positive outcomes 
All the intent is to improve upon the status quo, to add to the longevity of the property with a sustainable, workable, contextual renovation and maintenance programme, that is easy to carry forward
enhancing the accommodation for modern living. 
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35 GORDON STREET Portgordon AB56 5QR                         
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NMD©                         
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contemporary
contextual
Whilst retaining in balance an historic perspective - with the intact heritage assets along Gordon Street and within the historic setting of the village and in the wider aspect of the Moray coastal area.
This dwelling is an important part of the village - in the here and now, historically and in the future - by developing this property to foster renewed use and life for the 21st C, we can preserve historic
features, the vernacular detail and character, making sure that for generations to come, that the village of Portgordon and the context of the setting is enhanced and preserved. 
FEEDBACK 21/01027/PEHOU in blue NMD response from Pre App
• -  As a semi-detached property due regard must be given to neighbouring residential amenity. It is recommended that any future planning application provide details of any overshadowing analysis
undertaken as part of the proposal development. Whilst the presence of the high boundary fence is noted, the proposed ground floor link lobby will effectively enclose an existing gap to the
proposed downstairs studio/bedroom. 
• The neighbour at 33 has started a Permitted Development ground floor single storey extension across the rear/south of their property - this occupies a larger area than the proposal at 35,
it is at a similar height to our proposal, the gap between 33 & 35 and the aspect of over looking and/or over bearing will be mitigated by the side/boundary with both properties being
largely unaltered as there is already a tall fence, as shown on the design information, closing most of the boundary on the side of No 33, our extension/infill is the same height as the
existing outbuilding and lower than the fence at 2.4m.
• -  The contemporary design proposed is recognised and understood, however, reference is drawn to part g of the policy which highlights that pitched roofs will be preferred to flat roofs and box
dormers are not acceptable. In light of this parts of the design could be reconsidered, albeit it is recognised that the flat roof on to the adjoining property serves to limit the height of that part of the
development and incorporates a living/green roof which could bring bio diversity benefits. It is also acknowledged that flat roofs are already present at the property. In terms of the policy wording it
is ultimately box dormers which are not permissible under the terms of the policy, and could be addressed by deploying a shallow downward pitch to the single box dormer window. 
• We acknowledge the ‘DP1’  we have amended the original design and copy here the intent to only have pitched roofing - we now have more detail measured survey information for the
property and the proposed new roof pitch to the ‘top’ of the proposed roof adjuncts, serves to create adequate ‘head room’ internally and incorporate pitched roof extensions, whilst also
maintaining the roof extensions well below the existing ridge, we have spaced out the roof interventions and removed the plain box dormer from the Pre App proposal. The intent is to form
this volume as an asymmetrical slate roofed, pitched dormer - picking up on the form of our contemporary design theme, the dormer proposals now marry the design intent with the
extension at first floor to the east over the bathroom - we read that the Pre App response has broad policy support for these contemporary forms and materials.
• -  The materials suit the design proposed and would likely sit well as part of the overall contemporary design alongside the existing property given the use of slate roof tiles to tie the extension into
the existing roof. 
• -  The proposal is proposals a contemporary intervention to a traditional property and an overall scale which would appear appropriate to the existing property, there would appear to be scope to
alter the proposal to comply more readily with Policy DP1 part g. 
• Noted
Transportation comments: 
This proposal is for alterations and extension to an existing dwelling and does not trigger the requirement to provide additional parking. 
Note - Parking is on- street only and there is an informal agreement in place between 
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the property owners to park only on the northern side of Gordon Street. 
No alterations are proposed to the existing entrance doorway onto Gordon Street. Transportation would therefore have no objections to the proposal. 
The property owners on the north side of Gordon Street invariably use the open access lane to foreshore in the the north and park within or behind the properties on private land - there is no intensity of
parking on the south side of Gordon Street and frontages of properties are usually in the applicants section of the neighbourhood of c14.5m giving ample space for upto 3 vehicles parallel parked.
All applications must make provision for surface water drainage and this means that all applications must be supported by a drainage statement which details and evidences the drainage design
proposed. More information can be found on the Supplementary Guidance for all developments on drainage design and flood risk: 
The intent with the reduced run-off of storm water by incorporating sedum roof turf planting is also to remove the concrete hard standing to the rear/south of the property with free draining ground build-up
- this reduces surface run-off and reliance on surface water drainage this removes 24% of the existing areas relying on drainage services.
In all there will be a reduction in surface run-off by 24% due to this design mitigation for handling surface water and there will be a reduction in surface water going to the existing top water drainage
system in the village.
Design Statement to support the contemporary design 
This document embraces the ‘Design & Access Statement’ which explains the rationale of the acces, living, form of the design and submission in the context of the location and planning policy
POLICY sources particular relevance in blue
Moray Local Development Plan 2020
PP1 Placemaking
• a)  Development must be designed to create successful, healthy places that support good physical and mental health, help reduce health inequalities, improve people’s wellbeing, safeguard the
environment and support economic development. 
• b)  A Placemaking Statement is required for residential developments of 10 units and above to be submitted with the planning application to articulate how the development proposal addresses the
requirements of policy PP1 Placemaking and other relevant LDP policies and guidance. The Placemaking Statement must include sufficient information for the council to carry out a Quality Audit.
Where considered appropriate by the council, taking account of the nature and scale of the proposed development and of the site circumstances, this shall include a landscaping plan, a
topographical survey, slope analysis, site sections, 3D visualisations, a Street Engineering Review and a Biodiversity Plan. The Placemaking Statement must demonstrate how the development
promotes opportunities for healthy living and working. The landscape plan must set out details of species type, size, timescales for planting and maintenance. 
• c)  To create successful, healthy places residential developments of 10 units and above must comply with Scottish Government policy Creating Places and Designing Streets and must incorporate
the following fundamental principles: 
(i) Character and Identity 
Create places that are distinctive to prevent homogenous ‘anywhere’ development; 
Provide a number of character areas reflecting site characteristics that have their own distinctive identity and are clearly distinguishable;
Provide distinctiveness between and in each character area through a combination of measures including variation in urban form, street structure/network, architecture and masonry, accent features (such
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as porches), surrounds and detailing, materials (buildings and surfaces), colour, boundary treatments, hard/soft landscaping and a variety of approaches to tree species and planting that emphasises the
hierarchy of open spaces and streets within a cohesive design strategy for the whole development
PP1 Placemaking supports the Scottish Government’s aims to create healthy places through high quality design and ensure that Moray remains an attractive place to live and work, and encouraging
inward investment and economic development opportunities. 
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: 
(i) Design 
• a)  The scale, density and character must be appropriate to the surrounding area and create a sense of place (see Policy PP1) and support the principles of a walkable
neighbourhood. 
• b)  The development must be integrated into the surrounding landscape which will include safeguarding existing trees and undertaking replacement planting to include native
trees for any existing trees that are felled, and safeguarding any notable topographical features (e.g. distinctive knolls), stone walls and existing water features by avoiding
channel modifications and culverting. A tree survey and tree protection plan must be provided with planning applications for all proposals where mature trees are present on site
or that may impact on trees outwith the site. The strategy for new tree provision should follow the principles of the “Right Tree in the Right Place”. 
• c)  Make provision for new open space and connect to existing open space under the requirements of Policy EP5 and provide details of the future maintenance of these spaces.
A detailed landscape plan must be 
submitted with planning applications and include information about green/blue infrastructure, tree species, planting, ground/soil conditions, and natural and man-made features (e.g.
grass areas, wildflower verges, fencing, walls, paths, etc.). 
d) Demonstrate how the development will conserve and enhance the natural and built environment and cultural heritage resources, retain original land contours and integrate into the
landscape. 
e) Proposals must not adversely impact upon neighbouring properties in terms of privacy, daylight or overbearing loss of amenity. 
f) Proposals do not result in backland development or plots that are subdivided by more than 50% of the original plot. Sub-divided plots must be a minimum of 400m2, excluding
access and the built-up area of the application site will not exceed one-third of the total area of the plot and the resultant plot density and layout reflects the character of the
surrounding area. 
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
historic  
contemporary
contextual
g) Pitched roofs will be preferred to flat roofs and box dormers are not acceptable. 
h) Existing stone walls on buildings and boundaries must be retained. Alterations and extensions must be compatible with the character of the existing building in terms of design,
form, choice of materials and positioning and meet all other relevant criteria of this policy. 
i) Proposals must orientate and design buildings to maximise opportunities for solar gain. 
j) All developments must be designed so as to ensure that all new buildings avoid a specified and rising proportion of the projected greenhouse gas emissions from their use
(calculated on the basis of the approved design and plans for the specific development) through the installation and oper- ation of low and zero-carbon generating technologies. 
(ii) Transportation 
• 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. 
• b)  Car parking must not dominate the street scene and must be provided to the side or rear and behind the building line. Maximum (50%) parking to the front of buildings and on street may be
permitted provided that the visual impact of the parked cars is mitigated by hedging or low stone boundary walls. Roadways with a single carriageway must provide sufficient off road parking to
avoid access routes being blocked to larger service vehicles and prevent parking on pavements. 
• c)  Provide safe access to and from the road network, address any impacts on road safety and the local road, rail and public transport network. Any impacts identified through Transport
Assessments/ Statements must be identified and mitigated. This may include but would not be limited to, passing places, road widening, junction improvements, bus stop infrastructure and
drainage infrastructure. A number of potential mitigation measures have been identified in association with the development of sites and the most significant are shown on the Proposals Map as
TSP’s. 
• d)  Provide covered and secure facilities for cycle parking at all flats/apartments, retail, community, education, health and employment centres. 
Garages and parking provision must be designed to comply with Moray Council parking specifications see Appendix 2. 
The road layout must be designed to allow for the efficient mechanical sweeping of all roadways and channels, paviors, turning areas and junctions. The road layout must also be designed to enable safe
working practices, minimising reversing of service vehicles, with hammerheads minimised in preference to turning areas such as road stubs or hatchets, and to provide adequate space for the collection
of waste and movement of waste collection vehicles. 
The road and house layout in urban development should allow for communal refuse collection points where the design does not allow for individual storage within the curtilage and / or collections at
kerbside. Communal collection points may either be for the temporary storage of containers taken by the individual householder or for the permanent storage of larger containers. The requirements for a
communal storage area are stated within the Council’s Kerbside Collection Policy, which will be a material consideration. 
Road signs should be minimised designed and placed at the back of footpaths to reduce street clutter, avoid obstructing pedestrian movements and safeguarding sightlines; 
Within communal parking areas there will be a requirement for electric car charging points. Parking spaces for car sharing must be provided where a need is identified by the Transportation Manager. 
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
historic  
contemporary
contextual
(iii) Water environment, pollution, contamination 
• a)  Acceptable water and drainage provision must be made, including the use of sustainable urban drainage systems (SUDS) for dealing with surface water including temporary/ construction phase
SUDS (see Policy EP12). 
• b)  New development should not be located in areas at flood risk or increase vulnerability to flooding (see Policy EP12). Exceptions to this would only be considered in specific circumstances, e.g.
extension to an existing building or change of use to an equal or less vulnerable use. Where this exception is applied the proposed development must include resilience measures such as raised
floor levels and electrical sockets. 
• c)  Proposals must avoid major hazard sites and address any potential risk of pollution including ground water contamination in accordance with recognised pollution prevention and control
measures. 
• d)  Proposals must protect and wherever practicable enhance water features through for example naturalisation of watercourses by introducing a more natural planform and removing redundant or
unnecessary structures. 
• e)  Proposals must address and sufficiently mitigate any contaminated land issues. 
• f)  Make acceptable arrangements for waste collection and management and encourage recycling. 
• g)  Avoid sterilising significant workable reserves of minerals, prime agricultural land or productive forestry. 
• h)  Proposals must avoid areas at risk of coastal erosion and coastal change. 
Justification/ Notes 
The policy sets out detailed criteria to ensure that proposals meet siting, design and servicing requirements, provide sustainable drainage arrangements and avoid any adverse effects on environmental
interests. 
Adopted Moray Council Supplementary Planning Guidance 
Accessible Housing Affordable Housing 
This policy refers mostly to wheelchair accessible housing - the proposal here whilst not a new build have at various points single steps for access and internally - the main intent has been to create a fully
ambulant disabled ground floor private bedroom with an adjacent walk/roll-in wet room shower area in a private lobby that can be screened from the living area.
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35 GORDON STREET Portgordon AB56 5QR                         
Ms C Lambert

NMD©                         
historic  
contemporary
contextual
Scottish Planning Policy and Guidance
NPF 4 broadly refers policy back to regional Local Plans as does: 
Scottish Planning Policy (SPP)
Purpose
i. The purpose of the SPP is to set out national planning policies which reflect Scottish Ministers' priorities for operation of the planning system and for the development[1] and use of land. The SPP
promotes consistency in the application of policy across Scotland whilst allowing sufficient flexibility to reflect local circumstances. It directly relates to:
• the preparation of development plans;
• the design of development, from initial concept through to delivery; and
• the determination of planning applications and appeals.
Status
ii. The SPP is a statement of Scottish Government policy on how nationally important land use planning matters should be addressed across the country. It is non-statutory. However, Section 3D of the
Town and Country Planning (Scotland) 1997 Act requires that functions relating to the preparation of the National Planning Framework by Scottish Ministers and development plans by planning authorities
must be exercised with the objective of contributing to sustainable development. Under the Act, Scottish Ministers are able to issue guidance on this requirement to which planning authorities must have
regard. The Principal Policy on Sustainability is guidance under section 3E of the Act.
iii. The 1997 Act requires planning applications to be determined in accordance with the development plan unless material considerations indicate otherwise. As a statement of Ministers' priorities the
content of the SPP is a material consideration that carries significant weight, though it is for the decision-maker to determine the appropriate weight in each case. Where development plans and proposals
accord with this SPP, their progress through the planning system should be smoother.
iv. The SPP sits alongside the following Scottish Government planning policy documents:
• the National Planning Framework (NPF)[2], which provides a statutory framework for Scotland's long-term spatial development. The NPF sets out the Scottish Government's spatial development
priorities for the next 20 to 30 years. The SPP sets out policy that will help to deliver the objectives of the NPF;
• Creating Places[3], the policy statement on architecture and place, which contains policies and guidance on the importance of architecture and design;
• Designing Streets[4], which is a policy statement putting street design at the centre of placemaking. It contains policies and guidance on the design of new or existing streets and their construction,
adoption and maintenance; and
• Circulars[5], which contain policy on the implementation of legislation or procedures.
Circulars
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FERAL STUDIOS
WELLINGTON MILLS
QUEBEC STREET
ELLAND
HX5 9AS
01422 255 818
077 111 82 313
POR.P.001.22
Fiona Olsen  Assoc RTPI
Planning Officer 
Economic Growth & Development
The Moray Council         
High Street           
Elgin            
IV30 1BX                             Friday 26th August  2022
Dear Ms Olsen
22/01066/APP 35 Gordon Street, Portgordon AB56 5QR
Thank you for your attention and the email 22.08.2022, we note the positive re-
sponse with regard to the Archaeological Photo survey, the submission relation-
ships and intent for the existing flat roofing and the overall scope of development.
To pick up on your comment regarding the roof top extension design proposals
for the accommodation, we will address this in respect of:
- design           
- context           
- policy           
- precedent                                                                                                                     
DESIGN
The scope of the proposals are modest and does not include any structure
which can be construed to be a ‘box dormer’, the Moray Local Development
Plan 2020 Vol 1 page 35 DP1 para ‘g’ states that “Pitched roofs will be preferred
to flat roofs and box dormers are not acceptable” - this is not a great intent                                                                      
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NMDnick midgley design
historic
contemporary
contextual
Supporting Document 004
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change from previous H4 policy [which still fostered in certain situations until
2020 box dormers in particular settings]. 
Our discussion via telephone with Shona Stachan late September 2021, advised
us that as an authority you could not offer advice through our Pre App
21/01027/PEHOU, though she discussed the use of ‘catslide’ dormers [which we
explained would not create usable space - see below] and how we needed to be
supporting our submission with a strong contextual design & heritage statement, 
this along with the design development we have now done. We are clear that the
current design proposals move away from the Pre App starting point and foster a
much more crafted vernacular design response, that is in context with the loca-
tion character and the host dwelling. We wrote with earlier sketch proposals to
Shona Strachan 21.09.2021 to try to foster a dialogue to move forward, so our
client finds it disappointing that it is only now that we are garnering response to a
very detailed and carefully presented submission and design.
We are with this proposal only creating at ground level 6.5sm of new space and
in the roof c11sm in comparison to an overall building footprint of 100sm of
space, 28sm of which is within compromised sloping roof areas between
850-1900mm high. The additions cleverly, without an enlarged footprint and with
less than a 20% space increase, creates the opportunity for good modern multi
generational family living space.
We have consulted with the neighbours and all are very happy to support the
changes and keen to help to regenerate with the applicant the dwelling, which
had been empty and on the property market for several years.
The proposal overall is a holistic response to the property and setting, the solu-
tion proposed has not been arrived at lightly, there has been a considered ap-
proach with the applicant to develop a modern 21st C response within the
framework of an historic property in an historic setting. 
Our client/the applicant is a historian who currently lives in a 1776 cottage prop-
erty, where we have assisted with contemporary inventions and extensions over
a 20 year period. She fully appreciates the historic context and the ebb and flow
of societal needs through time, that have formed the character of Portgordon and
its varied architecture, whilst also needing to create a family home for multi gen-
erational living, that will ultimately also accommodate her octogenarian mother,
which is why the ground floor is laid out to provide for easy access and an
amount of privacy with the garden bedroom/studio space.
This leads the first floor to accommodate family bedrooms and an area for home
working.
Historically the first floor accommodation was all work space, storage etc. ancil-
lary to rudimentary ground floor living and bed spaces.
We illustrated in our Design Statement page 5, the earlier neighbour 37/39 at-
tached extension of a steeply/mansard roofed sail or net loft in a likely black tar
stained timber with a flat top - a direct reference for our design and a form typical                                                                            
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of this immediate part of the coastal settlements. There is still a smoker with a
juxtaposition of roof adjuncts in Buckpool attached to a residential property. The
area is full of varied forms that have evolved with the social and economic
change over time - this area is not a static showpiece theme park but a living
community. Portgordon has through its Community Trust in the village made
leaps and bounds in starting to regenerate the village for the community and this
proposal is just a small part of that process.
By forming a pitched roof over the existing bathroom, we remove a flat roof, we
present a pitched roof to the neighbour boundary - not a two storey blank wall
[see illustration below] projecting 3m into the eye line behind Nos 35/37 and at
over 4.5m it would be inappropriate to tower over the rear aspect of No 37.
This mark-up shows the bulk of your proposed suggestion over the bathroom, to
effect a full 1.8m head height throughout is not necessary and would create a dis-
turbing scale and mass of architecture in this context. The wall would be a blank
The applicant is to use the ‘void’ space created as storage to maximise the roof
volume off the bedroom, you’ll notice from the plan layout these properties afford
very little useful cupboard or storage. So the space is not wasted and we are dis-
tinct in our intention not to project back from the existing house a large box-like
structure that would dwarf the neighbour at No 37.
We have approached the design to encompass many aspects, taking a holistic
view to all aspects of design, context, use, environment and build costs - this
creates a tight equation for the proposal. Internally the height of the existing bed-
rooms is only 1.95m in a narrow strip in the centre of the house, the doorways
are less than standard at 1.8m, that’s 100mm lower than the norm. The narrow
bay windows to the front elevation to effect pitched roofing of around 27º only
provide 1.9m height - usually domestic accommodation is at height of 2.4m.
To afford the most balanced and sensible arrangement for the first floor accom-
modation we have only added a small amount of floor area, created within
pitched roof form volume, setback from the eaves of the main house.                                                                            
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1.8m
1.9m
27º 27º 17º
neighbour
view blocked
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You’ll note [above] to squeeze the accommodation under quasi traditional pitch-
es, using matching slate to a buildable pitch, shows that we lose floor area and
internal height, creating awkward space akin to the narrow frontage bays - non of
these arrangements would allow proper head height, positioning furniture, stor-
age or wardrobes - this would afford no benefit or logical reason to build such
forms as they would be properly unusable. Equally building in these forms will
increase costs, due to major alterations to the existing roof, with the addition of
steel beams, propping down through to the ground floor, disturbing the living area
plan arrangement and easily doubling the roof level build costs - just to afford non
sensical forms - the extra expenditure would force the budget to be rebalanced
and the environmental benefits intended are the most likely cost cuts, damaging
the ecological advantages that our client intends.
The existing proposal seeks to maximise the available height on the rear of the
property - where there is no visual intrusion - new roofing in a shallow pitched
standing seam zinc or aluminium is creative and allows us to maximise volume
where it is needed, this is not a flat roof and is not a box dormer, a box dormer
would have a 1:80 near flat roof and blank vertical sides - our proposal is fully
pitched a 3D form, it creates no inward views that have blank square walling in
any relationship to a ‘box dormer’ - we contradict you, there is no view as you
state ‘from the west’, the neighbour at No 33 would have no view of the ensuite
proposal and there are no views into the proposal in the context of the village that
would construe the proposals to be a box dormer.
The only potential is for a very distant oblique views from the coastal trail, views
from here would not afford anything but an ‘birdseye’ aspect looking down on the
pitched roof dormer proposal and the ‘L’ shaped ensuite addition with roof pitches
in two directions. 
Coastal trail views - we show these images to illustrate that the pitched   
forms  will only be viewed from above with viewing angles from the south
view form SW                      view from south                   view form SE                                                                            
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The dialogue for the architectural style is covered in our Design Statement pages
9-12 shortened here:
“contextually the intent for the new build rear/south additions, is to carefully mod-
erate the scale and form, the roof level additions are to be built within the roof
and to reuse the existing slate for the new pitches, the ‘dormer’ window arrange-
ments are to be varied pitched forms 
relating to the examples of vernacular forms and secondary adjuncts to dwellings
found locally around Portgordon and in the immediate coastal vicinity - forms that
reflect the sheds and additions to older dwellings 
but we have with crisp architectural detail and careful selection of materials, at-
tempted to design a response that is 21st C, whilst borrowing its lead from histo-
ry. 
The additions will be subtle and secondary to the host dwelling, of a scale and
form that marries well in local context and built in a manner that weathers well
and requires simple yet minimal maintenance”  
The backs of Portgordon properties show examples of additions good & bad -
this is a thoughtful design, that marries the scale of additions sympathetically
without ‘out of context slavish copies’ of a sub-urban pitched roof architecture
that is not well represented locally.
We could discuss architectural style, form and the distinction between contempo-
rary flat roof structures and when they become ‘box dormers’, though I think that
is a fulsome architectural essay best saved for another day.
CONTEXT
The immediate local south side of Gordon Street displays many architectural
forms: 
- a flat roof single storey extensive Permitted Development [PD] floor plate of
new accommodation at No 33 using up all the immediate amenity space - that
has no relationship to the form of the back gardens, streetscape or historic floor
plate of the host dwelling.
- a long 9.5m box dormer at 2nd storey on No 37 over a long ground floor flat
roof extension into the flat garden amenity space - box forms that dominate the
host dwelling.
- flat roof extensions & box dormers to Nos 39 & 41 to the east impinging on
amenity space.
- flat roof garden extensions to Nos 31 & 29 to the west with extensive box
dormers.                                                                            
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- A large two storey mono pitch extension to the rear of No 17 joined by a flat
roof link and with a box dormer to the rear pitch approved 18/00193/APP.
No 17
- the addition is a mono pitch roof higher than the existing cottage and can be
clearly seen from neighbour property, public areas - it dominates the host
dwelling, dwarfing the scale with a new massing, style & character that is totally
different from the host dwelling and the neighbour properties.
- though this addition demonstrates how good quality design does integrate in
this locality with the historic setting and host dwellings - even on a much larger
scale dominating the host/context.
- the ‘Report of Handling’ for the No17’s  18/00193/APP states [and there is no
major change of intent in current DP1 policy from H4 in this instance]:
“Policy Assessment  - Impact upon the surrounding locality (H4, IMP1)
The proposed extension is required to be assessed against Policy H4: House Al-
terations and Extensions and IMP1: Development Requirements in terms of style,                                                                            
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scale, proportions, materials and the potential impact on the surrounding area.
The main issue for consideration is whether the proposal will have any adverse
effects or impacts on the amenity of the existing house and the surrounding area,
including any neighbouring dwellings. 
The design of the proposed extension is considered to be acceptable and inte-
grates well to the style, size, scale and proportions of the existing dwelling. The
windows look out to the garden, given its location, distance and orientation of the
extension from neighbouring adjacent properties it will not have a significant ad-
verse impact on sunlight or daylight nor a significant overlooking or privacy is-
sues in relation to this application, therefore the proposal is acceptable. 
The neighbouring property also has a flat room extension in the rear of the prop-
erty.”
We feel that these contextual examples show the submission proposal is rele-
vant, even though you are saying 
“I do not feel that these relate to the character of the existing property or sur-
rounding area” 
as this is contestable and in fact the character of the setting and the architecture
locally is highly varied and displays good strong examples of how contemporary
additions over the last 30-40 years have become integrated with the locality with-
out causing overt harm.
The setting is not a Conservation Area and other than the height of the exten-
sion being at 1m over the allowable [4m] height of an extension within 10m of a
boundary, for the roof over the existing bathroom, all aspects of the current pro-
posal would be allowable under PD.
The applicant is minded that PD becomes the most tempting revision - to aban-
don the ensuite shower room proposal and compromise their aspirations due to
this subjective interpretation of Planning Policy.
If we were submitting a proposal in a Conservation Area or with a scheduled/list-
ed Historic host dwelling we usually mitigate against causing harm, this is key in
such a situation, to balance the new proposals within the status quo and to judge
if the proposals are harmful, a key point here is that the existing context is not
uniform, rear views are very limited and screened, the mantra is 
“what is meant by the conservation and enhancement of the historic environ-
ment? Conservation is an active process of maintenance and managing change.
It requires a flexible and thoughtful approach to get the best out of assets”                                                                            
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We are clear and show here through example locally and regionally - and in our
Design Statement pages 9-10, that even in this undesignated location we are
with the applicant going above and beyond what is contextually required.
No visual or historic harm is being caused as the proposed additions can be
clearly discerned as contemporary adjuncts and reflect development of architec-
tural form over time.
POLICY
It is clear, that in the case of the application for Planning Permission there is a
pre-disposition to support the applicant:  
“refusing an application for planning permission solely on the grounds that it does
not accord with the provisions of the development plan and without having had
regard to other material considerations. Proper consideration should also be giv-
en to the merits of the application”
The applicant has committed at length to create a 21st refurbishment of the emp-
ty property, being prepared for capital investment in environmental aspects, that
go well beyond the regulatory framework for new work to an existing dwelling.
There is no requirement for the level of quality and responsibility that will be em-
bodied in the design and the build [see Design Statement pages 12-15] intended. 
If the proposed build changes were made at roof level, the substantially in-
creased cost of construction would, as we explain above [page 4], lead to a re-
evaluation of expenditure across the property refurbishment and definitely cause
the downgrading of build quality and responsible positive environmental features
would have to be removed and the contribution of the applicants intent to the fu-
ture life and quality of the fabric of the building, the setting and the village stock of
housing would be lost - it is not responsible to foster a ‘style of architecture’ pure-
ly on visual averages, it has to be a balance of environmental responsibility
across all aspects of design and context.
The Local Plan within PP1 states:
(i) Character and Identity - Create places that are distinctive to prevent ho-
mogenous ‘anywhere’ development
It refers to distinctiveness, architectural identity, detailing and materials - to create
successful healthy places that encompass distinctive urban form.
We are conscious with the proposal that it’s important not to have a slavish de-
fault to quasi traditional safety net of architecture - though nothing we propose
here is challenging or offensive, despite our interpretation of traditional forms with
a contemporary idiom.                                                                            
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The Local Plan DP1 states that:
“Development Principles - will be applied reasonably taking into account the na-
ture and scale of a proposal and individual circumstances”
DP1 states it will support applications if:
(i) Design a)  The scale, density and character must be appropriate to the sur-
rounding area and create a sense of place (see Policy PP1) 
We have demonstrated we are creating a sensitive, yet distinctive proposal that
relates to the scale, setting and traditional coastal area - that fosters a sense of
place and nearness to need.
We have created a proposal that can:
d) Demonstrate how the development will conserve and enhance the natural
and built environment and cultural heritage resources, retain original land
contours and integrate into the landscape.
And does not:
e) Proposals must not adversely impact upon neighbouring properties in terms of
privacy, daylight or overbearing loss of amenity.
And embodies the need for:
h) Existing stone walls on buildings and boundaries must be retained. Alterations
and extensions must be compatible with the character of the existing building in
terms of design, form, choice of materials and positioning and meet all other rele-
vant criteria of this policy.
j) All developments must be designed so as to ensure that all new buildings avoid
a specified and rising proportion of the projected greenhouse gas emissions from
their use (calculated on the basis of the approved design and plans for the specif-
ic development) through the installation and operation of low and zero-car-
bon generating technologies.
The 2020 Moray Settlement Statement for Portgordon proposes:
- Development Strategy / Placemaking Objectives                                                 
- Protect the character of the existing settlement                                                        
- Provide support for proposals to re- use the harbour                                             
-To promote interest and encourage housing development on designated sites    
- Development proposals in the Special Landscape Areas must reflect the tradi-
tional settlement character in terms of siting and design and respect the special
qualities of the designation.                                                                            
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We have demonstrated that there is protection of the character of the existing
settlement, there is no visual intrusion and no extreme characterful harm. The
host dwelling sits just out of the Special Landscape Area [SLA] designation and
by nature of the scale, orientation and visual accessibility does not impinge on
views in or out of the SLA.
By refurbishing and modernising an empty dwelling, this contributes to the re-
generation of the whole village - this in turn contributes towards the new life and
uses proposed for the harbour and the future generations of this important his-
toric ‘planned’ harbour village.
PRECEDENT
We gave a few local examples in the Design Statement pages 9-10, of forms that
present different aspects of contemporary change, that show the variation, what
has been approved through previous Planning Applications and how these all
form the character of an area.
The character of the area is made up of good and bad examples of change over
time, though here we do work within a framework to foster holistically an im-
proved environment - we say in our design studio we need to ‘build back better’,
this is our starting point for all projects, to offer a quality of architecture that is vi-
sually exciting, creating an environment that nurtures and protects whilst embed-
ding a responsibility towards exceeding energy regulations & offering design so-
lutions to provide comfort & sustainability. There is a balance between aspiration
& reality, we guide every project to a built form that is responsible & deliverable.
There are precedents in:
- West Bank GARMOUTH                                    130 Seatown CULLEN
15/02162/APP                                                    18/00843/APP
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Prescalton ARCHIESTOWN
20/00401/APP 
I know the authority will claim that these schemes were approved under an older
policy regime, though it is clear the intent of policy has changed little other than
becoming slightly more prescriptive in wording in certain aspects and all of these
examples have been considered recently and the approved additions to settle-
ments and dwellings are determined under the same auspices of social & eco-
nomic policy in relation to character of the host dwelling and their locations.
These additions are now part of that character and location.
There is nothing we are proposing with the additions to 35 Gordon Street that ad-
versely go beyond the auspices of DP1 as the roof additions cannot be classed in
there pitched 3D forms as box dormers.
We’d welcome at this point any comment you have with regard to our mitigation
of the submission, as you will realise that the applicant is keen to retain the pro-
posal as submitted.
We have advised the applicant of a likely scenario with the determination process
and any need to go to a Moray Local Review Body [MLRB] where NMD with our
Planning Consultants would need to expand on the submission documentation
and this letter in support of a Notice of Review [NOR]. 
e: nick@nickmidgleydesign.co.uk    www.nickmidgleydesign.co.uk11
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If the authority are to determine with a refusal, the submission can then be pre-
sented, explained and discussed/determined via a NOR with the MLRB  Mem-
bers in the context of:
“matters of wider community interest and/or planning significance”
We appreciate your attention, if there is any further dialogue needed at this junc-
ture please do contact me direct or I’m quite happy to meet, as I’ll be local over
the next week/10 days.
Yours faithfully
Nick Midgley
NMD
cc  Claire Lambert
e: nick@nickmidgleydesign.co.uk    www.nickmidgleydesign.co.uk12
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FERAL STUDIOS
WELLINGTON MILLS
QUEBEC STREET
ELLAND
HX5 9AS
01422 255 818
077 111 82 313
POR.P.003.22
Lisa MacDonald
Senior Planning Officer
Economic Growth & Development
The Moray Council         
High Street           
Elgin            
IV30 1BX                   Thursday 15th  September  2022
Dear Ms Macdonald
22/01066/APP 35 Gordon Street, Portgordon AB56 5QR
Further to our telephone conversation last Friday 09.09.2022 @ 15.06 we present some
options for the scope of the application.
We noted in our conversation that you confirmed a preference for the Pre App submis-
sion 21/01027/PEHOU - Pre App 35 Gordon Street Portgordon AB56 5QR which em-
bodies the same form and mass for a two storey extension over the flat roofed existing
bathroom, a separate dormer window to the rear/south roof pitch and the flat roof infill to
the garden store Grd. Flr. area as the current submission.
We noted you saying that despite DP1 of the adopted Local Plan not allowing ‘box
dormers’, architecturally you felt you would have supported this proposal had the incum-
bent policy towards box dormers having been different.
We have, as we noted in the submission and our [attached] letter POR.P.001, explained
that the submitted design proposal has not been arrived at lightly for the applicant, NMD
have picked up the guidance of the Pre App response from Moray in adopting shallow
pitched roofing to the dormer and the main extension, along with a symmetrical slate
pitched roofing to the dormer, echoing an asymmetrical balance with the roof extension
over the existing bathroom flat roof. 
We have with the applicant gone ‘above & beyond’ with the presentation of the design
proposal, showing in detail, the context and in relationships to the heritage setting - even
though this is not a Conservation Area or listed building.
As we have previously discussed and presented through the submission, NMD made
sure, in detail, that the proposal is wholly in alliance with policy [see our letter
POR.P.001].                                                                      
e: nick@nickmidgleydesign.co.uk    www.nickmidgleydesign.co.uk
NMDnick midgley design
historic
contemporary
contextual
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The applicant struggles to accept the scant comment from officers through the submis-
sion/determination process and has asked that we point out that other than last weeks
telephone conversation there has been no attempt to place Moray Planning’s response
in the context of her detailed application and submission presentation - she wishes to
point out, that bearing in mind the scope of the minor work to the property, she feels sin-
gled out and also unduly stressed late in the day with this application.
At no point has Moray Planning shown any prescriptive response to the submission, no 
comments have been offered in relation to the detail, design or context shown - the ap-
plicant feels that the holistic scope of the submission has 
“just been ignored or not even looked at”
We judge that apparently Moray have given little time to understand the proposal as a
3D form in the setting, its environmental advantages and the regeneration of a 19th C
property for the 21st C.
Your comment that the design is ‘amorphous’ is an odd description - as the applicant
points out:
“an amorphous body is organic and without form - better to describe the proposal as
crystalline, as a crystalline form is a structure” 
The pitched roofing could, to be complimentary, be considered as crystalline, we do not
not see this though as a negative architectural style. 
Shown below is a render and an isometric view of the current submission. 
isometric view of current submission proposal                                                                            
e: nick@nickmidgleydesign.co.uk    www.nickmidgleydesign.co.uk2
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We present here 3no. options:
A   
The existing submission, which best relates to neighbour properties, context, the host
dwelling and forms a structure that offers the best arrangement to suit multi-generational
living - is a new form that would hardly be seen at all in its backland setting. 
It presents a pitched slate roof to the eastern neighbours - can just be seen if a passer-
by stands on the private land/bund to the north of the Coastal Trail, though when the ap-
plicant has erected their new garden fence at 1850mm there will be no view into the
south elevation/roof of the property.
From No 33 to west there’s no view of the two storey extension except through the trees
from the top of their garden and only a partial view of the slate pitch to the western
dormer window. We show the images of the partial birds eye view onto the dwelling
pitched roofing, that would only just be seen from outside the dwelling boundary 20m
away standing on the elevated bund - not the public area of the Coastal Trail pathway: 
render of partial
roof top view of
current proposal                                                                            
e: nick@nickmidgleydesign.co.uk    www.nickmidgleydesign.co.uk3
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This is the view of the top of the proposed pitched roofing, with the main ridge and chim-
neys of the host dwelling - between existing mature planting. With new fencing this view
will not exist.
The applicant is clear that this is the form they wish to stay with as ideal for the regener-
ation of the property, they do not wish to compromise.
B
We have the option of removing from the application submission the existing proposal of
the western single dormer window, retaining the roof extension over the bathroom flat
roof and the link structure to the landing space roof extension with a flat roof - as we un-
derstand from our conversation that you actually have no issues architecturally with this
part of the application.
Then under Permitted Development we could change the western dormer into a 3m wide
flat roofed ‘box dormer’ occupying not more than 50% of the 6m wide roof plane posi-
tioned 300mm from any edge of the roof - this takes us back to the Pre App submission. 
e: nick@nickmidgleydesign.co.uk    www.nickmidgleydesign.co.uk4
construct under PD
remove from a
revised submission
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C
Is an outline proposal of a Permitted Development [PD] quick sketch scheme, to give the
same amount of accommodation for the applicant.
We could introduce a slate pitched roof over the flat bathroom roof with an eaves below
3m and a connection to the main roof no higher than 4m, giving a pitch of 20º.
We could then over 50% of the 12.6m roof width introduce a combined dormer window
frontage of 6.3m positioned 300mm from any edge of the roof pitch.
A dormer window within PD is described by mygov.scot in the 2019 ‘Works that can be
carried out through permitted development’ as:
“A dormer is an extension, usually with a window, that sticks out of a sloping roof and
gives you a bit more headroom”
With this in mind, we can introduce box dormers over any part of the roof pitch [the south
pitch is 15m away from the rear/south boundary], the isometric diagram below illustrates
the scope that satisfies the same internal space. There is no prescriptive constraint to a
dormer window form other than the dimensioned position on the roof pitch, we show  be-
low how the PD rules shape a potential response:                        
isometric view of PD box dormer option
This option totally runs against the current Local Plan and DP1, though we have indicat-
ed that the applicant is minded as a ‘back-stop’ to explore this option to its full extent with
a more overtly modernist scheme.                                                                            
e: nick@nickmidgleydesign.co.uk    www.nickmidgleydesign.co.uk5
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The options illustrate architecturally that the current submission creates a proposal that
has strong merit, it is a good addition to the host property and the neighbourhood - whilst
actually hardly seen in any context - so any subjective fears that the submission causes
harm is unwarranted. 
Maybe NMD should have shown some of these 3D images as part of the submission, to
help officers understand the complimentary style and nature of the proposal.
We’d judge that with the extra context we have provided with these images and the op-
tions open to the applicant, that the submission proposal still remains the best option
and we trust that officers would now feel able to support the application.
We are still instructed with a potential refusal of the application to go to appeal, though
following your tacit comment that there is doubt if the ‘new’ review panel is able to make
a proper judgement at review, in the circumstances we may request a committee hearing
for the application, which would then allow us to seek an appeal through a Regulator.
Maybe this is a discussion between us, if you are still minded not to support the applica-
tion.
Thank you for your assistance with this matter.
Yours faithfully 
Nick Midgley
NMD             cc  Claire Lambert
e: nick@nickmidgleydesign.co.uk    www.nickmidgleydesign.co.uk6
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Supporting Doc 005 Community trust email Chair’s support  for development
---------- Original Message ----------
From: Scott Sliter <scott.sliter@portgordon-ct.org>
To: "fiona.olsen@moray.gov.uk" <fiona.olsen@moray.gov.uk>
Date: 29/08/2022 14:43 BST
Subject: 22/01066/APP 35 Gordon Street, Portgordon AB56 5QR    
Dear Ms Olsen  
I feel compelled to reach out to you to present a concern that I have in relation to challenges that a
new and welcomed resident, Claire Lambert, is experiencing in progressing her intention to alter
her residence on Gordon Street in Portgordon.  
As a founding Director and Chairperson of the Portgordon Community Trust, Ms Lambert shared
with me her confusion over challenges that you and your office have presented to her in response
to her submitted 'planning application'. 
I made the effort to review all the documents that create Ms Lambert's submission; I feel strongly
that  Ms Lambert's hopes to enhance her home as outlined in her planning submission,  is nothing
less then a  thoughtful design that positively contributes toward the regeneration of a Portgordon
house that had been empty for years.  I find and have latterly learned, others also find that the
design is sympathetic, is in-keeping and in relation to the concept of modest alterations. 
Importantly,  adding a modest extension will only improve the quality of the village environment
through enhancing property.  Further, my own personal perception of the alteration plan  as I
understand it to be is that Ms Lambert has dedicated care, commitment and resource to a design
that promotes an architecturally holistic approach to design that is both highly sensitive to the host
structure and to the village. I have been a diligent and committed member of the Portgordon
community working with others to improve the over-all appeal of our village. I feel that by not
supporting the designs Ms Lambert is pursuing is in turn, not acknowledging that architecture is an
embodiment of societal evolution and requires in my opinion, designs that reflect a society that is
both living and evolving.  Although I am what one may refer to as a 'traditionalist' in aspects of
some approaches to design I perceive and view the proposed elevations as empathetic and
complimentary to both the principle, host structure and to 'family life' in 2022 and beyond. I think to
state differently is overtly prescriptive and not acknowledging societal changes.  
I have seen throughout my years in Portgordon, home extensions that some in the village have
viewed as highly contentious, street facing and neither complimentary to or in scale with the host
dwelling.  Two recent examples are at addresses on Station Road  and Gordon Street in
Portgordon.   What Ms Lambert is proposing is neither contentious, street facing or out of scale
with the host structure.  
The Portgordon Community Trust and its predecessor, the Portgordon Community Harbour Group
have worked tirelessly to help Portgordon improve as a village and better its appeal whilst being
deemed viable and attractive to new families hoping to invest of themselves in our community, its
appearance and the quality of its houses.  Ms Lambert is such a resident and her proposed
alterations not only flatter her house but lend to the over all improved perceptions of Portgordon.  
I hope that you will view Ms Lambert's plans with the same enthusiasm and appreciation that I do
and that she and Portgordon can depend on your support toward the progression of her planning
submission as she has submitted it.  
Respectfully,  
Scott Sliter  
Chairperson
Portgordon Community Trust ltd
Portgordon, Scotland AB56-5QT
Land Line 01542-839857
Mobile 07854 057526
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MORAY LOCAL REVIEW BODY 
16 FEBRUARY 2023 
SUMMARY OF INFORMATION FOR CASE No LR285 
Planning Application 22/00327/APP – Change of use of amenity land to garden
ground at Rockside, 8 Jubilee Terrace, Findochty, Buckie 
Ward 3 - Buckie 
Planning permission was refused under the Statutory Scheme of Delegation by the
Appointed Officer on 26 September 2022 on the grounds that: 
The proposal would be contrary to policies EP9, EP3, EP6 and DP1 of the Moray
Local Development Plan 2020 for the following reasons: 
1. This proposed change of use would result in the loss of a portion of distinctive
grassland, which acts as an attractive transition between the built up area of
the village and the beach beyond and also acts as a useful amenity area and
as such its loss would have an adverse impact on the amenity, character and
appearance of the conservation area in which it lies and the qualities of the
wider Special Landscape Area. 
2. The proposed site straddles the settlement boundary, with the majority of the
site lying out with the settlement boundary, where policy EP6 precludes any
development immediately out with the settlement boundary and in this
instance, given the adverse impacts on the character and amenity of the area
which would result from the development, there is not considered to be any
material planning considerations which would merit departing from policy. 
Documents considered or prepared by the Appointed Officer in respect of the above
planning application are attached as Appendix 1. 
The Notice of the Review, Grounds for Review and any supporting documents
submitted by the Applicant are attached as Appendix 2. 
No Further Representations were received in response to the Notice of Review 
Item 5
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Edin Doon
The Haven
PC
4
5
1
2
3
PH
War
5.3m
Rock
Sand
Rocks
24.4m
10.2m
Green
Water
Spring
MLWS
MHWS
Ppg Sta
Shingle
Sewage
Bowling
Slipway
Memorial
MH
and
B 9020
Mean Low
Path (um)
Water Springs
JUBILEE
12
TERRACE
The Flat
SCHOOLHILL
Shingle
1
B 9020
5
Rock Shingle
MLWS
MHWS
MHWS
Rock
Rock
Shingle
Rock
Rock
Shingle
MLW
S
1
Rock
Shingle
Shingle
Location plan for Planning Application Reference Number :
22/00327/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 2023 Page 215

Page 216

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APPENDIX 1 
DOCUMENTS CONSIDERED
OR PREPARED BY THE
APPOINTED OFFICER
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Page 1 of 7
The Moray Council Council Office High Street Elgin IV30 1BX  Tel: 0300 1234561  Email: development.control@moray.gov.uk
Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid.
Thank you for completing this application form:
ONLINE REFERENCE 100540448-001
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
Change of Use of amenity land to garden ground at Jubilee Terrace, Findochty, Buckie
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Page 2 of 7
Agent Details
Please enter Agent details
Company/Organisation:
Ref. Number: You must enter a Building Name or Number, or both: *
First Name: * Building Name:
Last Name: * Building Number:
Address 1
Telephone Number: * (Street): *
Extension Number: Address 2:
Mobile Number: Town/City: *
Fax Number: Country: *
Postcode: *
Email Address: *
Is the applicant an individual or an organisation/corporate entity? *
  Individual    Organisation/Corporate entity
Applicant Details
Please enter Applicant details
Title: You must enter a Building Name or Number, or both: *
Other Title: Building Name:
First Name: * Building Number:
Address 1
Last Name: * (Street): *
Company/Organisation Address 2:
Telephone Number: * Town/City: *
Extension Number: Country: *
Mobile Number: Postcode: *
Fax Number:
Email Address: *
Grant and Geoghegan Ltd.
Mr
Neil
John
Grant
Gardiner
Birnie
Grant Lodge
Grant Lodge
per grant and geoghegan
07769744332
IV30 8SW
IV30 8SW
Scotland
Scotland
ELGIN
ELGIN
Birnie
neil@ggmail.co.uk
neil@ggmail.co.uk
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Page 3 of 7
Site Address Details
Planning Authority:
Full postal address of the site (including postcode where available):
Address 1: 
Address 2:
Address 3:
Address 4:
Address 5:
Town/City/Settlement:
Post Code:
Please identify/describe the location of the site or sites
Northing Easting
Pre-Application Discussion
Have you discussed your proposal with the planning authority? *  Yes   No
Site Area
Please state the site area:
Please state the measurement type used:  Hectares (ha)   Square Metres (sq.m)
Existing Use
Please describe the current or most recent use: *  (Max 500 characters)
Access and Parking
Are you proposing a new altered vehicle access to or from a public road? *  Yes   No
If Yes please describe and show on your drawings the position of any existing. Altered or new access points, highlighting the changes
you propose to make. You should also show existing footpaths and note if there will be any impact on these.
113.12
Amenity land
Moray Council
Ground at Jubilee Terrace, Findochty
867982 345954
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Page 4 of 7
Are you proposing any change to public paths, public rights of way or affecting any public right of access? *  Yes   No
If Yes please show on your drawings the position of any affected areas highlighting the changes you propose to make, including
arrangements for continuing or alternative public access.
How many vehicle parking spaces (garaging and open parking) currently exist on the application
Site?
How many vehicle parking spaces (garaging and open parking) do you propose on the site (i.e. the
Total of existing and any new spaces or a reduced number of spaces)? *
Please show on your drawings the position of existing and proposed parking spaces and identify if these are for the use of particular
types of vehicles (e.g. parking for disabled people, coaches, HGV vehicles, cycles spaces).
Water Supply and Drainage Arrangements
Will your proposal require new or altered water supply or drainage arrangements? *  Yes   No
Do your proposals make provision for sustainable drainage of surface water?? *  Yes   No
(e.g. SUDS arrangements) *
Note:-
Please include details of SUDS arrangements on your plans
Selecting ‘No’ to the above question means that you could be in breach of Environmental legislation.
Are you proposing to connect to the public water supply network? *
  Yes
  No, using a private water supply
  No connection required
If No, using a private water supply, please show on plans the supply and all works needed to provide it (on or off site).
Assessment of Flood Risk
Is the site within an area of known risk of flooding? *  Yes    No   Don’t Know
If the site is within an area of known risk of flooding you may need to submit a Flood Risk Assessment before your application can be
determined. You may wish to contact your Planning Authority or SEPA for advice on what information may be required.
Do you think your proposal may increase the flood risk elsewhere? *  Yes    No   Don’t Know
Trees
Are there any trees on or adjacent to the application site? *  Yes   No
If Yes, please mark on your drawings any trees, known protected trees and their canopy spread close to the proposal site and indicate if
any are to be cut back or felled.
Waste Storage and Collection
Do the plans incorporate areas to store and aid the collection of waste (including recycling)? *  Yes   No
0
0
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Page 5 of 7
If Yes or No, please provide further details: * (Max 500 characters)
Residential Units Including Conversion
Does your proposal include new or additional houses and/or flats? *  Yes   No
All Types of Non Housing Development – Proposed New Floorspace
Does your proposal alter or create non-residential floorspace? *  Yes   No
Schedule 3 Development
Does the proposal involve a form of development listed in Schedule 3 of the Town and Country  Yes   No   Don’t Know
Planning (Development Management Procedure (Scotland) Regulations 2013 *
If yes, your proposal will additionally have to be advertised in a newspaper circulating in the area of the development. Your planning
authority will do this on your behalf but will charge you a fee. Please check the planning authority’s website for advice on the additional
fee and add this to your planning fee.
If you are unsure whether your proposal involves a form of development listed in Schedule 3, please check the Help Text and Guidance
notes before contacting your planning authority.
Planning Service Employee/Elected Member Interest
Is the applicant, or the applicant’s spouse/partner, either a member of staff within the planning service or an  Yes    No
elected member of the planning authority? *
Certificates and Notices
CERTIFICATE AND NOTICE UNDER REGULATION 15 – TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT
PROCEDURE) (SCOTLAND) REGULATION 2013
One Certificate must be completed and submitted along with the application form. This is most usually Certificate A, Form 1,
Certificate B, Certificate C or Certificate E.
Are you/the applicant the sole owner of ALL the land? *  Yes    No
Is any of the land part of an agricultural holding? *  Yes    No
Certificate Required
The following Land Ownership Certificate is required to complete this section of the proposal:
Certificate A
Existing
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Page 6 of 7
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: Neil Grant
On behalf of: Mr John  Gardiner
Date: 03/03/2022
 Please tick here to certify this Certificate. *
Checklist – Application for Planning Permission
Town and Country Planning (Scotland) Act 1997
The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013
Please take a few moments to complete the following checklist in order to ensure that you have provided all the necessary information
in support of your application. Failure to submit sufficient information with your application may result in your application being deemed
invalid. The planning authority will not start processing your application until it is valid.
a) If this is a further application where there is a variation of conditions attached to a previous consent, have you provided a statement to
that effect? *
 Yes   No   Not applicable to this application
b) If this is an application for planning permission or planning permission in principal where there is a crown interest in the land, have
you provided a statement to that effect? *
 Yes   No   Not applicable to this application
c) If this is an application for planning permission, planning permission in principle or a further application and the application is for
development belonging to the categories of national or major development (other than one under Section 42 of the planning Act), have
you provided a Pre-Application Consultation Report? *
 Yes   No   Not applicable to this application
Town and Country Planning (Scotland) Act 1997
The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013
d) If this is an application for planning permission and the application relates to development belonging to the categories of national or
major developments and you do not benefit from exemption under Regulation 13 of The Town and Country Planning (Development
Management Procedure) (Scotland) Regulations 2013, have you provided a Design and Access Statement? *
 Yes   No   Not applicable to this application
e) If this is an application for planning permission and relates to development belonging to the category of local developments (subject
to regulation 13. (2) and (3) of the Development Management Procedure (Scotland) Regulations 2013) have you provided a Design
Statement? *
 Yes   No   Not applicable to this application
f) If your application relates to installation of an antenna to be employed in an electronic communication network, have you provided an
ICNIRP Declaration? *
 Yes   No   Not applicable to this application
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Page 7 of 7
g) If this is an application for planning permission, planning permission in principle, an application for approval of matters specified in
conditions or an application for mineral development, have you provided any other plans or drawings as necessary:
  Site Layout Plan or Block plan.
  Elevations.
  Floor plans.
  Cross sections.
  Roof plan.
  Master Plan/Framework Plan.
  Landscape plan.
  Photographs and/or photomontages.
  Other.
If Other, please specify: *  (Max 500 characters)
Provide copies of the following documents if applicable:
A copy of an Environmental Statement. *  Yes   N/A
A Design Statement or Design and Access Statement. *  Yes   N/A
A Flood Risk Assessment. *  Yes   N/A
A Drainage Impact Assessment (including proposals for Sustainable Drainage Systems). *  Yes   N/A
Drainage/SUDS layout. *  Yes   N/A
A Transport Assessment or Travel Plan  Yes   N/A
Contaminated Land Assessment. *  Yes   N/A
Habitat Survey. *  Yes   N/A
A Processing Agreement. *  Yes   N/A
Other Statements (please specify). (Max 500 characters)
Declare – For Application to Planning Authority
I, the applicant/agent certify that this is an application to the planning authority as described in this form. The accompanying
Plans/drawings and additional information are provided as a part of this application.
Declaration Name: Mr Neil Grant
Declaration Date: 02/03/2022
Payment Details
Cheque: X,  X
Created: 03/03/2022 09:53
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Location plan
Scale 1:2500
Site plan
Scale 1:500
Site plan
Scale 1:100
north
grant and
geoghegan
planning, development and
architectural consultants
T:01343 556644
E:enquiries@ggmail.co.uk
Drawing Title
Site Plan
Drawing No.
17/003/PP01
Scale @ A2
1:100
Date
Feb 2022
Change of Use of Ground at
Jubilee Terrace, Findochty
site referred to
indicates area of extended
pathway, finish to match existing
indicates area of land
currently owned by applicant
indicates additional land
purchased by applicant for
which permission is sought
indicates new post and rail
fencing to 1.8m maximum height.
existing pathway
pathway extension
painted timber post & rail fencing
painted timber post & rail fencing
painted timber post
&
rail fencing
painted timber post
&
rail fencing
Caravan Site
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t
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Location plan
Scale 1:2500
Site plan
Scale 1:500
Site plan
Scale 1:100
north
grant and
geoghegan
planning, development and
architectural consultants
T:01343 556644
E:enquiries@ggmail.co.uk
Drawing Title
Site Plan
Drawing No.
17/003/PP01 - Rev A
Scale @ A2
1:100
Date
Feb 2022
Change of Use of Ground at
Jubilee Terrace, Findochty
site referred to
indicates area of extended
pathway, finish to match existing
indicates area of land
currently owned by applicant
indicates additional land
purchased by applicant for
which permission is sought
indicates new blockwork wall
to 1.0m maximum height.
existing pathway
pathway extension
1.0m high block wall
1.0m high block wall
1.0m
high block wall
1.0m
high block wall
Caravan Site
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0m 5m 10m 20m
1000
1.0m height block wall to
match existing 1:50
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Page 231

Consultee Comments for Planning Application 22/00327/APP
Application Summary
Application Number: 22/00327/APP
Address: Rockside 8 Jubilee Terrace Findochty Buckie Moray AB56 4QA
Proposal: Change of Use of amenity land to garden ground at
Case Officer: Iain T Drummond
Consultee Details
Name: Mr CL Consultations
Address: Environmental Health, Council Offices, High Street Elgin, Moray IV30 1BX
Email: Not Available
On Behalf Of: Contaminated Land
Comments
Approved unconditionally from Adrian Muscutt (23/3/22).
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Consultation Request Notification 
Planning Authority Name Moray Council
Response Date  29th March 2022
Planning Authority
Reference
22/00327/APP
Nature of Proposal
(Description)
Change of Use of amenity land to garden ground at
Site Rockside
8 Jubilee Terrace
Findochty
Buckie
Moray
AB56 4QA 
Site Postcode N/A
Site Gazetteer UPRN 000133072693
Proposal Location Easting 345985
Proposal Location Northing 867970
Area of application site (M2) 113
Additional Comment 
Development Hierarchy
Level
LOCAL
Supporting Documentation
URL
https://publicaccess.moray.gov.uk/eplanning/ce
ntralDistribution.do?caseType=Application&ke
yVal=R87KS6BGLS000
Previous Application 21/01372/DCG 
Date of Consultation 15th March 2022
Is this a re-consultation of
an existing application?
No
Applicant Name Mr John  Gardiner
Applicant Organisation
Name 
Applicant Address Per Agent
Agent Name Grant And Geoghegan Limited
Agent Organisation Name 
Agent Address
Grant Lodge
Birnie
Elgin
Moray
IV30 8SW 
Agent Phone Number 
Agent Email Address N/A
Case Officer Iain T Drummond
Case Officer Phone number 01343 563607
Case Officer email address iain.drummond@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
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comment to make. 
The statutory period allowed for a consultation response is 14 days.  Due to scheduling
pressures if a definitive response is not received within 21 days this may well cause the
two month determination period to be exceeded. 
Data Protection - Moray Council is the data controller for this process.  Information collected about
you on this form will be used to process your Planning Application, and the Council has a duty to
process your information fairly.  Information we hold must be accurate, up to date, is kept only for
as long as is necessary and is otherwise shared only where we are legally obliged to do so.  You
have a legal right to obtain details of the information that we hold about you.
For full terms please visit  http://www.moray.gov.uk/moray_standard/page_121513.html 
For full Data Protection policy, information and rights please see
http://www.moray.gov.uk/moray_standard/page_119859.html 
You can contact our Data Protection Officer at info@moray.gov.uk or 01343 562633 for more
information. 
Please respond using the attached form:- 
Page 234

Page 235

MORAY COUNCIL 
PLANNING CONSULTATION RESPONSE 
From:   Estates, Central Services 
Planning Application Ref. No: 22/00327/APP
Change of Use of amenity land to garden ground at Rockside 8 Jubilee Terrace Findochty
Buckie for Mr John  Gardiner 
I have the following comments to make on the application:-  
Please 
x
(a) I OBJECT to the application for the reason(s) as stated below  
(b) I have NO OBJECTIONS to the application and have no condition(s) and/or
comment(s) to make on the proposal 

(c) I have NO OBJECTIONS to the application subject to condition(s) and/or
comment(s) about the proposal as set out below   
X
(d) Further information is required in order to consider the application as set out
below 

Reason(s) for objection 
Condition(s) 
Further comment(s) to be passed to applicant
Application is in relation to Garden Ground disposal of Council ground, currently being
handled by Estates. As such, Estates have no objection to this proposal. 
Further information required to consider the application 
Contact: Cameron Queen Date……15/03/2022………………..
email address: Cameron.queen@moray.gov.uk Phone No  07922436400………..
Consultee: Estates
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Return response to  consultation.planning@moray.gov.uk 
Please note that information about the application including consultation responses and
representations (whether in support or objection) received on the proposal will be published on the
Council’s website at http://publicaccess.moray.gov.uk/eplanning/  (You can also use this site to
track progress of the application and view details of any consultation responses and
representations (whether in support or objection) received on the proposal).  In order to comply
with the Data Protection Act, personal information including signatures, personal telephone and
email details will be removed prior to publication using “redaction” software to avoid (or mask) the
display of such information.  Where appropriate other “sensitive” information within documents will
also be removed prior to publication online.
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Page 237

MORAY COUNCIL
PLANNING CONSULTATION RESPONSE
From:   The Moray Council, Flood Risk Management
Planning Application Ref. No: 22/00327/APP 
I have the following comments to make on the application:-  
Please
x
(a) I OBJECT to the application for the reason(s) as stated below  
(b) I have NO OBJECTIONS to the application and have no condition(s) and/or
comment(s) to make on the proposal  
(c) I have NO OBJECTIONS to the application subject to condition(s) and/or
comment(s) about the proposal as set out below   
(d) Further information is required in order to consider the application as set out below   
Contact: James Ross Date  18/05/2022
email address: James.ross@moray.gov.uk Phone No 
Consultee: The Moray Council, Flood Risk Management 
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Page 239

Consultation Request Notification – Strategic
Planning & Development   
Planning Authority Name Moray Council
Response Date 29th March 2022
Planning Authority
Reference
22/00327/APP
Nature of Proposal
(Description)
Change of Use of amenity land to garden ground at
Site Rockside
8 Jubilee Terrace
Findochty
Buckie
Moray
AB56 4QA
Site Postcode N/A
Site Gazetteer UPRN 000133072693
Proposal Location Easting 345985
Proposal Location Northing 867970
Area of application site (M2) 113
Additional Comments 
Development Hierarchy
Level
LOCAL
Supporting Documentation
URL
https://publicaccess.moray.gov.uk/eplanning/ce
ntralDistribution.do?caseType=Application&ke
yVal=R87KS6BGLS000
Previous Application 21/01372/DCG 
Date of Consultation 15th March 2022
Is this a re-consultation of
an existing application?
No
Applicant Name Mr John  Gardiner
Applicant Organisation
Name 
Applicant Address Per Agent
Agent Name Grant And Geoghegan Limited
Agent Organisation Name 
Agent Address Grant Lodge
Birnie
Elgin
Moray
IV30 8SW
Agent Phone Number 
Agent Email Address N/A
Case Officer Iain T Drummond
Case Officer Phone number 01343 563607
Case Officer email address iain.drummond@moray.gov.uk
PA Response To consultation.planning@moray.gov.uk 
NOTE:
If you do not respond by the response date, it will be assumed that you have no
comment to make. 
The statutory period allowed for a consultation response is 14 days.  Due to scheduling
pressures if a definitive response is not received within 21 days this may well cause the
two month determination period to be exceeded. 
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Data Protection - Moray Council is the data controller for this process.  Information collected
about you on this form will be used to process your Planning Application, and the Council
has a duty to process your information fairly.  Information we hold must be accurate, up to
date, is kept only for as long as is necessary and is otherwise shared only where we are
legally obliged to do so.  You have a legal right to obtain details of the information that we
hold about you.
For full terms please visit  http://www.moray.gov.uk/moray_standard/page_121513.html 
For full Data Protection policy, information and rights please see
http://www.moray.gov.uk/moray_standard/page_119859.html 
You can contact our Data Protection Officer at info@moray.gov.uk or 01343 562633 for
more information. 
Please respond using the attached form:-   
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PLEASE COMPLETE AND RETURN WITHIN 48 HOURS
to consultation.planning@moray .gov.uk 
MORAY COUNCIL
PLANNING CONSULTATION RESPONSE 
From: Strategic Planning & Development 
Planning Application Ref. No: 22/00327/APP
Change of Use of amenity land to garden ground at Rockside, 8 Jubilee
Terrace, Findochty, Buckie for Mr John Gardiner 
Ward: 03_17 Buckie 
DETERMINATION - DEPARTURE FROM DEVELOPMENT PLAN 
(For Structure/Local Plan Comment) 
Page
No
Policy No(s) Yes No
1 Departure from Moray
Local Development Plan
2020 
PP3 Infrastructure and
Services 
DP1 Development
Principles 
EP3 Special Landscape
Areas and Landscape
Character 
EP6 Settlement
Boundaries 
EP9 Conservation Areas 
X
X
X
X
X
2 Further Discussion Required   
REASONING FOR THIS DECISION: 
Policy PP3 Infrastructure & Services 
Policy PP3 seeks to ensure development is planned and co-ordinated with
infrastructure to enable places to function properly and are adequately serviced. 
The northern boundary of the site is defined by The Moray Coastal Trail, which
includes a path that passes through the western part of the site and connecting
thereon to the public toilets. The development proposes to reroute the path around
the northern and eastern boundaries of the site, maintaining a pathed access from
the north to the toilet block. The proposal will therefore have no detrimental impact
on existing public access rights, in compliance with Policy PP3 
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Policy DP1 Development Principles 
Policy DP1 sets out detailed criteria to ensure that proposals meet siting, design and
servicing requirements, provide sustainable drainage arrangements and avoid any
adverse effects on environmental interests. 
The proposal seeks to convert an area of amenity ground into garden ground. The
proposal is of an appropriate scale and character to the surrounding area. To reflect
the sensitivities of the proposed site, the boundaries of the site will be defined by
post & rail fencing to replicate the adjacent properties. The proposal therefore
complies with DP1. 
Policy EP3 Special Landscape Areas and Landscape Character  
The proposed site is located wholly within Portgordon to Cullen Coast Special
Landscape Area (SLA). Policy EP3 aims to protect landscapes from inappropriate
development. Proposals must not prejudice the special qualities of the designated
area, avoid adverse effects on the landscape and visual qualities and adopt the
highest standards of design in accordance with Policy DP1 and other relevant
policies. 
As the majority of the proposal is outwith the settlement boundary of Findochty, the
development is considered against the use criteria for rural areas as set out in Policy
EP3 (i) (a). The proposal is not for any of the acceptable uses and therefore is a
departure from Policy EP3. 
The proposed use is however consistent with immediately adjacent properties,
whose garden grounds are also outwith the settlement boundary. The development
proposes to be bounded by post & rail fencing which reflects existing boundary
treatments in the area. On the basis that the character of the proposal reflects the
surrounding area and the development is located behind existing buildings and
therefore sensitively sited and integrated into the landscape, the proposal is
considered an acceptable departure from Policy EP3. 
Policy EP6 Settlement Boundaries  
The proposed site is largely immediately outwith the settlement boundary of
Findochty. Policy EP6 seeks to guide development to identified settlements and rural
groupings, preventing ribbon development and maintaining a clear distinction
between the built-up area and the countryside. As the proposed site is not a
designated LONG site, the development is contrary to Policy EP6. 
For the reasons set out in Policy EP3 above, the proposal is considered an
acceptable departure from Policy EP6. 
Policy EP9 Conservation Area 
The site is located within Findochty Conservation Area. Policy EP9 requires all
development within a conservation area to preserve and enhance the established
traditional character or appearance of the area. 
The siting and proposed boundary treatments will not adversely affect the character
and appearance of the conservation area and therefore complies with Policy EP9.   
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Conclusion 
The development site is largely immediately outwith the settlement boundary of
Findhochty and falls wholly within the Portgordon to Cullen Coast SLA, where the
proposed use is not in compliance with policy. The proposal is therefore contrary to
Policies EP3 and EP6. 
However, the character of the proposal reflects the surrounding area which consists
of a mix of amenity ground and garden ground. On the basis that the character of the
proposal reflects the surrounding area and the development is located behind
existing buildings and therefore sensitively sited and integrated into the landscape,
the proposal is considered an acceptable departure from Policy EP3 and EP6. 
The siting and proposed finishes will not adversely affect the character and
appearance of Findhochty Conservation Area. 
Contact: Darren Westmacott Date: 03/05/2022
Email Address: Darren.Westmacott@moray.gov.uk Phone No: N/A
Consultee: Strategic Planning & Development
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 243

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Page 244

Page 245

MORAY COUNCIL 
PLANNING CONSULTATION RESPONSE 
From:   Moray Access Manager 
Planning Application Ref. No: 22/00327/APP
Change of Use of amenity land to garden ground at Rockside 8 Jubilee Terrace
Findochty Buckie for Mr John  Gardiner
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 
Condition(s) 
Further comment(s) to be passed to applicant 
Further information required to consider the application 
Contact: Ian M Douglas Date15/03/2022…………………………
………..
email address:ian.douglas@moray.gov.uk Phone No 
7049…………………………….. 
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Page 247

Consultation Request Notification 
Planning Authority Name Moray Council
Response Date  29th March 2022
Planning Authority
Reference
22/00327/APP
Nature of Proposal
(Description)
Change of Use of amenity land to garden ground at
Site Rockside
8 Jubilee Terrace
Findochty
Buckie
Moray
AB56 4QA 
Site Postcode N/A
Site Gazetteer UPRN 000133072693
Proposal Location Easting 345985
Proposal Location Northing 867970
Area of application site (M2) 113
Additional Comment 
Development Hierarchy
Level
LOCAL
Supporting Documentation
URL
https://publicaccess.moray.gov.uk/eplanning/ce
ntralDistribution.do?caseType=Application&ke
yVal=R87KS6BGLS000
Previous Application 21/01372/DCG 
Date of Consultation 15th March 2022
Is this a re-consultation of
an existing application?
No
Applicant Name Mr John  Gardiner
Applicant Organisation
Name 
Applicant Address Per Agent
Agent Name Grant And Geoghegan Limited
Agent Organisation Name 
Agent Address
Grant Lodge
Birnie
Elgin
Moray
IV30 8SW 
Agent Phone Number 
Agent Email Address N/A
Case Officer Iain T Drummond
Case Officer Phone number 01343 563607
Case Officer email address iain.drummond@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
Page 247

Page 248

comment to make. 
The statutory period allowed for a consultation response is 14 days.  Due to scheduling
pressures if a definitive response is not received within 21 days this may well cause the
two month determination period to be exceeded. 
Data Protection - Moray Council is the data controller for this process.  Information collected about
you on this form will be used to process your Planning Application, and the Council has a duty to
process your information fairly.  Information we hold must be accurate, up to date, is kept only for
as long as is necessary and is otherwise shared only where we are legally obliged to do so.  You
have a legal right to obtain details of the information that we hold about you.
For full terms please visit  http://www.moray.gov.uk/moray_standard/page_121513.html 
For full Data Protection policy, information and rights please see
http://www.moray.gov.uk/moray_standard/page_119859.html 
You can contact our Data Protection Officer at info@moray.gov.uk or 01343 562633 for more
information. 
Please respond using the attached form:- 
Page 248

Page 249

MORAY COUNCIL 
PLANNING CONSULTATION RESPONSE 
From:   Transportation Manager 
Planning Application Ref. No: 22/00327/APP
Change of Use of amenity land to garden ground at Rockside 8 Jubilee Terrace Findochty
Buckie for Mr John  Gardiner 
I have the following comments to make on the application:-  
Please 
(a) I OBJECT to the application for the reason(s) as stated below  
(b) I have NO OBJECTIONS to the application and have no condition(s) and/or
comment(s) to make on the proposal 

(c) I have NO OBJECTIONS to the application subject to condition(s) and/or
comment(s) about the proposal as set out below   
x
(d) Further information is required in order to consider the application as set out
below 

Transportation has no objections to the proposed change of use.
Further comment(s) to be passed to applicant
The developer should note that the site is located beyond the extents of the Public Road. 
Planning consent does not carry with it the right to carry out works within the public road
boundary. 
Public utility apparatus may be affected by this proposal.  Contact the appropriate utility
service in respect of any necessary utility service alterations which have to be carried out
at the expense of the developer. 
No building materials/scaffolding/builder’s skip shall obstruct the public road (including
footpaths) without permission from the Roads Authority 
Contact: AG Date 22 March 2022
email address: transport.develop@moray.gov.uk  
Consultee: TRANSPORTATION 
Return response to  consultation.planning@moray.gov.uk 
Please note that information about the application including consultation responses and representations (whether in support or objection) received on the proposal will be published
on the Council’s website at http://public.moray.gov.uk/eplanning/  (You can also use this site to track progress of the application and view details of any consultation responses and
representations (whether in support or objection) received on the proposal).  In order to comply with the Data Protection Act, personal information including signatures, personal
telephone and email details will be removed prior to publication using “redaction” software to avoid (or mask) the display of such information.  Where appropriate other “sensitive”
information within documents will also be removed prior to publication online. 
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Page 251

REPORT OF HANDLING 
Ref No: 22/00327/APP Officer: Iain T Drummond
Proposal
Description/
Address  
Change of Use of amenity land to garden ground at Rockside 8 Jubilee Terrace
Findochty Buckie
Date: 23.09.2022 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 
Strategic Planning And Development 03/05/22 Offered advice in relation to development
plan policy
Moray Access Manager 15/03/22 No objections
Contaminated Land 25/03/22 No objections
Estates, Central Services 15/03/22 No objections
Transportation Manager 22/03/22 No objections
Moray Flood Risk Management 18/05/22 No objections 
DEVELOPMENT PLAN POLICY
Policies Dep Any Comments 
(or refer to Observations below)
PP3 Infrastructure and Services N 
DP1 Development Principles Y 
EP3 Special Landscape Areas Y 
EP6 Settlement Boundaries Y 
EP9 Conservation Areas Y 
REPRESENTATIONS
Representations Received  NO
Total number of representations received
Names/Addresses of parties submitting representations 
Summary and Assessment of main issues raised by representations
Issue:
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Page 2 of 4
Comments (PO): 
OBSERVATIONS – ASSESSMENT OF PROPOSAL 
The Proposal  
This application seeks planning permission for change of use of public open space to form private
garden ground on land adjacent to Rockside, 8 Jubilee Terrace, Findochty.   
The proposal also involved the erection of a 1m high block wall to enclose the garden space and
provision of a footpath round the site to extend the existing informal footpath which runs through the
site.     
The site presently forms part of the grassy foreshore at Findochty, between the village and the
beach.  The applicant's house bounds the site to the west, with the public toilets to the south,
remainder of open grassy area to the west and beach to the north.   
The site lies within the Findochty conservation area, however, only a small proportion of the site lies
within the Findochty settlement boundary (as defined by the 2020 Moray Local Development Plan
(MLDP)), with the remainder lying immediately outwith the settlement.  The site also lies within the
Special Landscape Area again as defined by the MLDP 2020.            
Appraisal 
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: 
Principle, siting and design (EP9, EP3, EP6 and DP1) 
Policies EP9, EP3 and DP1, require all new development to preserve and enhance the established
character and appearance of the conservation area, to ensure that new development does not
adversely affect the quality and experience of the Special Landscape Area and ensure proposals do
not result in an adverse impact on the amenity of the surrounding area.   
Policy EP6 also precludes any development immediately out with the settlement boundary, with the
defined settlement boundary representing the limit to which any settlement can expand during the
MLDP period.   
In this case the site forms part of what is a well kept area of grass foreshore, which acts as a useful
amenity space and transition between the village and the beach.  Whilst it is accepted that the area of
grass, which is the subject of this application, is hidden from many viewpoints by the public toilet,
which lies immediately to the south, from wider viewpoints this portion of grassland is visible to the
east and contributes to the character and setting of the foreshore of the Findochty conservation area.  
At approx. 550sqm, this existing grassed area of open space is relatively small, however, it offers an
attractive and useful area of amenity space, where people could sit and have picnics on the grass
whilst also enjoying the beach.  The proposal would result in the loss of approx. 110sqm of this grass
area and although this is a relatively small area of land, it constitutes almost one fifth of the overall
grass area and as such will inevitably result in a loss of useful public open space and have a
detrimental impact on this area of Findochty, which acts as an attraction for tourist and offers
valuable local amenity.  Although the site lies behind the public toilets, which could be considered to
detract from the value of the area, the toilet building offers a good source of shelter in this instance
and views from behind the toilets across the beach are valued, which is demonstrated by the
presence of the existing public bench to the rear of the toilet block building.   
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Page 3 of 4
Whilst the applicants have amended to the proposals to show a 1m high boundary wall rather than a
2m high boundary fence, enclosing the area and using it for domestic garden purposes will result in
the loss of an attractive area of public open space to the detriment of this area of Findochty.   
In addition to the above, the proposed site straddles the settlement boundary, with the majority of the
site lying out with the settlement boundary.  Policy EP6 precludes any development immediately out
with the settlement boundary and in this instance, given the adverse impacts outlined above, there is
not considered to be any material planning considerations which would merit departing from policy
EP6.   
Conclusion 
Overall for the reasons outlined above this proposed change of use is considered to have an adverse
impact on the character and appearance of the conservation area in which it lies and the wider
qualities of the Special Landscape Area.  The proposal would also represent an unwarranted
development immediately out with the settlement boundary and for these reasons the proposal, does
not comply with MLDP policies EP9, EP3, EP6 and DP1.   
OTHER MATERIAL CONSIDERATIONS TAKEN INTO ACCOUNT 
None 
HISTORY
Reference No. Description 
Disposal of Council ground at Rockside 8 Jubilee Terrace Findochty Buckie
Moray
21/01372/DCG Decision  Date Of Decision   
ADVERT
Advert Fee paid? Yes
Local Newspaper Reason for Advert Date of expiry 
Banffshire Advertiser and
Herald
Planning application affecting
LB/CA
No Premises
11/04/22
PINS Planning application affecting
LB/CA
No Premises
11/04/22 
DEVELOPER CONTRIBUTIONS (PGU)
Status None sought 
DOCUMENTS, ASSESSMENTS etc. *
* Includes Environmental Statement, Appropriate Assessment, Design Statement, Design and Access
Statement, RIA, TA, NIA, FRA etc
Supporting information submitted with application?  NO
Summary of main issues raised in each statement/assessment/report
Document Name: 
Main Issues: 
.
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Page 4 of 4
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:  22/00327/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 would be contrary to policies EP9, EP3, EP6 and DP1 of the
Moray Local Development Plan 2020 for the following reasons:
1. This proposed change of use would result in the loss of a portion of
distinctive grassland, which acts as an attractive transition between the
built up area of the village and the beach beyond and also acts as a useful
amenity area and as such its loss would have an adverse impact on the
amenity, character and appearance of the conservation area in which it
lies and the qualities of the wider Special Landscape Area.
2. The proposed site straddles the settlement boundary, with the majority of
the site lying out with the settlement boundary, where policy EP6
precludes any development immediately out with the settlement boundary
and in this instance, given the adverse impacts on the character and
amenity of the area which would result from the development, there is not
considered to be any material planning considerations which would merit
departing from policy.
LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT
The following plans and drawings form part of the decision:-
Reference Version Title
17/003/PP01 Elevations site and location plan
17/003/PP01A Site plan
NOTICE OF APPEAL
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997
If the applicant is aggrieved by the decision to refuse permission for or approval
required by a condition in respect of the proposed development, or to grant
permission or approval subject to conditions, the applicant may require the planning
authority to review the case under section 43A of the Town and Country Planning
(Scotland) Act 1997 within three months from the date of this notice.  The notice of
review should be addressed to The Clerk, Moray Council Local Review Body, Legal
and Committee Services, Council Offices, High Street, Elgin IV30 1BX.  This form is
also available and can be submitted online or downloaded from
www.eplanning.scotland.gov.uk
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(Page 3 of 3) Ref:  22/00327/APP
If permission to develop land is refused or granted subject to conditions and the
owner of the land claims that the land has become incapable of reasonably
beneficial use in its existing state and cannot be rendered capable of reasonably
beneficial use by the carrying out of any development which has been or would be
permitted, the owner of the land may serve on the planning authority a purchase
notice requiring the purchase of the owner of the land’s interest in the land in
accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997.
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APPENDIX 2 
NOTICE OF REVIEW,
GROUNDS FOR REVIEW &
SUPPORTING DOCUMENTS
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Notice of Review
Page 1 of 4
NOTICE OF REVIEW
UNDER SECTION 43A(8) OF THE TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 (AS AMENDED)IN
RESPECT OF DECISIONS ON  LOCAL DEVELOPMENTS
THE TOWN AND COUNTRY PLANNING (SCHEMES OF DELEGATION AND LOCAL REVIEW PROCEDURE)
(SCOTLAND) REGULATIONS 2008
THE TOWN AND COUNTRY PLANNING (APPEALS) (SCOTLAND) REGULATIONS 2008
IMPORTANT: Please read and follow the guidance notes provided when completing this form.
Failure to supply all the relevant information could invalidate your notice of review.
Use BLOCK CAPITALS if completing in manuscript
Applicant(s) Name: Mr J Gardiner
Address: 
Postcode
Contact Telephone 1
Contact Telephone 2
Fax No
E-mail*
Agent (if any)
Name: Grant & Geoghegan
Address: Grant Lodge, Birnie, Elgin
Postcode: IV30 8SW
Contact Telephone 1: 01343 556644
Contact Telephone 2: 
Fax No
E-mail: neil@ggmail.co.uk
Mark this box to confirm all contact should be
through this representative: X
* Do you agree to correspondence regarding your review being sent by e-mail?
Yes
X
No
Planning authority Moray Council
Planning authority’s application reference number 22/00327/APP
Site address Rockside 8 Jubilee Terrace Findochty Buckie Moray AB56 4QA
Description of proposed
development
Change of Use of amenity land to garden ground
Date of application 04/03/2022 Date of decision (if any) 26/09/2022
Note. This notice must be served on the planning authority within three months of the date of the decision
notice or from the date of expiry of the period allowed for determining the application.
Nature of application
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Notice of Review
Page 2 of 4
1. Application for planning permission (including householder application) X
2. Application for planning permission in principle
3. Further application (including development that has not yet commenced and where a time limit
has been imposed; renewal of planning permission; and/or modification, variation or removal of
a planning condition)
4. Application for approval of matters specified in conditions
Reasons for seeking review
1. Refusal of application by appointed officer X
2. Failure by appointed officer to determine the application within the period allowed for
determination of the application
3. Conditions imposed on consent by appointed officer
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.  
Please indicate what procedure (or combination of procedures) you think is most appropriate for the
handling of your review. You may tick more than one box if you wish the review to be conducted by a
combination of procedures.
1. Further written submissions
2. One or more hearing sessions
3. Site inspection
4 Assessment of review documents only, with no further procedure X
If you have marked box 1 or 2, please explain here which of the matters (as set out in your statement
below) you believe ought to be subject of that procedure, and why you consider further submissions or a
hearing are necessary:
Site inspection
In the event that the Local Review Body decides to inspect the review site, in your opinion:
1. Can the site be viewed entirely from public land?
Yes
X
No
2 Is it possible for the site to be accessed safely, and without barriers to entry? X
If there are reasons why you think the Local Review Body would be unable to undertake an
unaccompanied site inspection, please explain here:
Statement
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Notice of Review
Page 3 of 4
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.  Note: 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.
If the Local Review Body issues a notice requesting further information from any other person or body,
you will have a period of 14 days in which to comment on any additional matter which has been raised by
that person or body.
State here the reasons for your notice of review and all matters you wish to raise.  If necessary, this can
be continued or provided in full in a separate document.  You may also submit additional documentation
with this form.
Grounds of Appeal stated in separate document.
Have you raised any matters which were not before the appointed officer at the time the
determination on your application was made? 
Yes No
X
If yes, you should explain in the box below, why you are raising new material, why it was not raised with
the appointed officer before your application was determined and why you consider it should now be
considered in your review.
N/A
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Notice of Review
Page 4 of 4
List of documents and evidence
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.
We understand the refused plans will form part of the appeal papers which Member’s will be able to draw
on.  No further information is required in this instance.
Note. The planning authority will make a copy of the notice of review, the review documents and any
notice of the procedure of the review available for inspection at Council Office, High Street, Elgin until
such time as the review is determined.  It is also be available on the planning authority website.
Checklist
Please mark the appropriate boxes to confirm you have provided all supporting documents and evidence
relevant to your review:
X Full completion of all parts of this form
X Statement of your reasons for requiring a review
X All documents, materials and evidence which you intend to rely on (e.g. plans and drawings
or other documents) 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 from that earlier consent.
Declaration
I the applicant/agent [delete as appropriate] hereby serve notice on the planning authority to
review the application as set out on this form and in the supporting documents.
Signed Neil Grant Date 23/12/2022
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ROCKSIDE, 8 JUBILEE TERRACE, FINDOCHTY, BUCKIE | Grounds of Appeal
grant & geoghegan ltd.
Chartered Planning Development and Architectural Consultants
Unit 4 Westerton Road Business Centre
4 Westerton Road South
Keith AB55 5FH 
T: 01343 556644
E: enquiries@ggmail.co.uk 
Grounds of Appeal
Rockside, 8 Jubilee terrace, Findochty, Buckie 
Issue Date:
22nd December 2022 
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ROCKSIDE, 8 JUBILEE TERRACE, FINDOCHTY, BUCKIE | Grounds of Appeal
Executive Summary
These grounds for review relate to the modest extension of an existing residential curtilage at
Rockside, 8 Jubilee Terrace, Findochty.  It is the appellants position that: - 
• The site is not subject to specific protection under Policy EP5 Open Space in respect of its
contribution to the overall resource. 
• It is a logical extension to an existing, domestic curtilage. 
• When the quantity, quality, community value, accessibility and use of this land is
considered in respect of the aims and objectives of open space provision, it is clear the
land has no significant functional value. 
• The close relationship of the land to the host property and the sensitive design of the
proposals is such that is not considered to have a significantly detrimental impact on the
overall character of the conservation area, the surrounding landscape or the integrity of
the settlement boundary. 
• There have been no objections to the proposals from local residents. 
Through the submission of these Grounds of Appeal, the appellants seek to demonstrate that
insufficient weight was placed on the above in the decision-making process. 
In this context, it is respectfully requested that the Local Review Body reconsider the decision to
refuse planning permission. 
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ROCKSIDE, 8 JUBILEE TERRACE, FINDOCHTY, BUCKIE | Grounds of Appeal
CONTENTS 
1.0. Introduction 
2.0. The Proposal 
3.0. Reason for Refusal 
4.0. Grounds of Appeal 
5.0. Conclusion 
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ROCKSIDE, 8 JUBILEE TERRACE, FINDOCHTY, BUCKIE | Grounds of Appeal
1.0 Introduction 
These grounds for review of a decision to refuse planning permission for a change of use of amenity land to
garden ground at Rockside, 8 Jubilee Terrace, Findochty are submitted under section 43A of the Town and
Country Planning (Scotland) Act 1997 (as amended). This notice of review has been lodged within the
prescribed 3-month period from the refusal of permission dated the 26th of September 2022. 
This appeal statement responds to the updated reasons for refusal and addresses the proposal in relation to
Development Plan Policies and relevant material planning considerations as required by Section 25 of the
Town and Country Planning (Scotland) Act 1997 (as amended). 
2.0 The Proposal
The development proposal involves the change of use of a small area of grassy foreshore (depicted in red
below) to garden ground and the erection of a 1m high wall around the proposed site boundary. 
The proposals have been designed to respect the open appearance of the site as much as possible.  To this
end, the proposed boundary treatment would be a wall constructed to a height of 1 metre and finished to
match the existing 1-metre-high wall which bounds the host property. 
The proposed development also includes the diversion of an existing informal footpath to a more suitable
point of connection into the existing path/ road network of Findochty, to the other side of the public
convenience building, a short distance to the east (shown in cyan below). 
Fig: 1 - Site Layout Plan, refused by the Moray Council on the 26th of September 2022 under reference 22/00327/APP 
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ROCKSIDE, 8 JUBILEE TERRACE, FINDOCHTY, BUCKIE | Grounds of Appeal
3.0 Reasons for Refusal 
The reasons for refusal state that: -  
‘The proposal would be contrary to policies EP9, EP3, EP6 and DP1 of the Moray Local Development Plan 2020
for the following reasons: 
1. This proposed change of use would result in the loss of a portion of distinctive grassland, which acts as
an attractive transition between the built-up area of the village and the beach beyond and also acts as
a useful amenity area and as such its loss would have an adverse impact on the amenity, character
and appearance of the conservation area in which it lies and the qualities of the wider Special
Landscape Area. 
2. The proposed site straddles the settlement boundary, with the majority of the site lying out with the
settlement boundary, where policy EP6 precludes any development immediately out with the
settlement boundary and in this instance, given the adverse impacts on the character and amenity of
the area which would result from the development, there is not considered to be any material
planning considerations which would merit departing from policy.’ 
4.0 Grounds of Appeal 
The first reason for refusal describes the area as ‘distinctive grassland, which acts as an attractive transition
between the built-up area of the village and the beach beyond and also acts as a useful amenity area’.  On this
basis, the appointed Officer concludes that ‘it’s loss would have an adverse impact on the amenity, character
and appearance of the conservation area….and the qualities of the wider landscape area’. 
The main issue in terms of the assessment of the proposed scheme is not necessarily the appearance of the
wall or the use of the land as garden ground (which is a relatively inoffensive form of development in this
context), but rather the potential impact that such a proposal would have in terms of altering the use, function
and appearance of the land in its current form. 
An attempt has therefore been made to assess the significance of the proposed land in terms of its value as a
community resource and its contribution to the visual appearance of its locality and the wider area to establish
the potential impact of the proposed development on the community and the character of the area as a
whole. 
Members will note that the residential area in this part of Findochty is well connected to and served by a
variety of formal and informal open spaces and areas in the form of public parks, playspace and sports areas, a
considerable portion of which are located within a 250-metre radius of the development site.  These areas are
covered by an ENV4 (Sports Areas) and ENV 6 (Natural/ Semi-Natural Greenspace) designation, which are both
protected in guidance contained within parent policy EP5 Open Space.  In assessing the principle of
development, it is important to note that the subject site and its immediate surrounds are not covered by any
specific protection through this policy. 
When assessing the proposed site in association with the existing network of informal and formal public open
space specifically, it is apparent that the subject site is not inextricably linked to this network.  The land
appears isolated in this context as a result of its physical and visual disconnection with existing designated
open space provision. 
The disconnection of the land from designated open space diminishes its value as a useable, functional and
accessible resource in terms of promoting opportunities for formal and informal recreation and physical
activity as well as its contribution towards nature conservation and environmental enhancement.  It should be
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ROCKSIDE, 8 JUBILEE TERRACE, FINDOCHTY, BUCKIE | Grounds of Appeal
noted that the approval of this application would not affect the function of the Coastal Trail in any way nor
does it preclude the use of the remaining resource in its immediate surrounds as informal open space or
preclude access to nearby open space provision.   
Moreover, given the significant provision of public open space within close proximity to the site and the
accessibility of these areas from Jubilee Terrace and the Coastal Trail, it is questionable how much value and
emphasis is placed on the proposed site as a community resource for informal purposes. With this in mind, it is
reasonable to suggest that the intrinsic value of the site is mainly in the form of its visual merits and aesthetic
quality. 
Whilst the visual appearance is much improved since the host property was built, due in part to the appellants
programme of maintenance, the contribution the land makes to the overall character and appearance of the
area is questionable. Such is the location of the land and its association with the surrounding area that it is not
considered fundamental to the overall character of the street or the visual/ landscape characteristics of the
wider area, emphasised by the sites position at the end of a residential street, behind a public convenience, on
the approach to the caravan park. 
Taking into account the quantity, quality, community value, accessibility and use of existing open space it is
considered that the land has no significant functional value. Furthermore, the form and relationship of the
land in association with the existing street scene along Jubilee Terrace is such that is not considered to have a
significantly detrimental impact on the overall character of the conservation area. 
In respect of the second reason for refusal, the appointed officer correctly points out that the proposed site
straddles the settlement boundary.  However, the same is also true of a large portion of the curtilage of the
host building, as shown in fig. 2 below. 
Fig. 2 - Appellants current curtilage (blue), appeal site (yellow), settlement boundary (solid red line), conservation area
(red shade), designated green space (green) and special landscape area (brown). 
The subjects originally gained the grant of planning permission under reference 12/01286/APP for the
formation of two first floor flats over the (at that time) existing lockup garages before gaining the grant of
planning permission under reference 15/00697/APP for the erection of 2 semi-detached dwellings. 
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ROCKSIDE, 8 JUBILEE TERRACE, FINDOCHTY, BUCKIE | Grounds of Appeal 
Site Plan approved as part of 15/00697/APP with identical boundary to the appeal subjects 
The appellants propose that during the plan making process of the MLDP 2020 that the settlement boundary
of Findochty was not accurately updated to reflect the extent of an existing, approved domestic curtilage.  In
this context, the appellants would respectfully propose to Members that the extent of the settlement is
blurred in this location, a fact emphasised by a portion of the conservation area also extending out with the
settlement boundary for no apparent reason.  On this basis, we would contend policy EP6 should carry limited
weight in the planning balance.   
5.0 Conclusion 
The Planning Act requires planning applications to be determined in accordance with the Development Plan
unless there are “material considerations” to justify doing otherwise. 
In this case, when all matter are considered in the round, the appellants would contend that:- 
• the proposals do not have a significant impact on open space provision in this part of Findochty, such
as to warrant refusal of the planning application;
• do not significantly impact on people’s enjoyment of the Coastal Trail, and;
• due to the scale and location of the proposals, do not have a significantly detrimental impact on the
special qualities of the conservation area, the special landscape area or upon the integrity of the
settlement boundary. 
The appellants respectfully submit that the above constitutes significant material weight in favour of the
proposals, sufficient to attract a recommendation of approval.  For these reasons, it is respectfully requested
that the Local Review Body reconsider the decision to refuse the proposed development and grant planning
permission. 
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