Agenda Document Pack - Moray Local Review Body - 15/06/2023
Moray Council · 15 June 2023
Back to Moray Local Review Body — 15 June 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
Moray Local Review Body Thursday, 15 June 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, 15 June 2023 at 09:30. BUSINESS 1 Sederunt 2 Declaration of Group Decisions and Members Interests * 3 Minute of Meeting dated 15 June 2023 5 - 12 4 LR289 - Ward 4 - Fochabers Lhanbryde Planning Application 22/01292/APP – Erect dwellinghouse on Plot 3, Milnduff, Drybridge, Buckie 13 - 108 5 LR288 - Ward 7 - Elgin City South Planning Application 22/01451/APP – Retrospective permission for boundary fence at 94 Springfield Road, Elgin 109 - 152 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. Page 1
Page 2
Page 2
Page 3
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. Page 3
Page 4
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 Draeyk Van Der Horn (Member) Councillor Sonya Warren (Member) Clerk Name: Lissa Rowan Clerk Telephone: 07765 741754 Clerk Email: committee.services@moray.gov.uk Page 4
Page 5
MORAY COUNCIL Minute of Meeting of the Moray Local Review Body Thursday, 20 April 2023 Council Chambers, Council Office, High Street, Elgin, IV30 1BX PRESENT Councillor Neil Cameron, Councillor Amber Dunbar, Councillor Juli Harris, Councillor Sandy Keith, Councillor Marc Macrae, Councillor Paul McBain, Councillor Derek Ross, Councillor Draeyk Van Der Horn, Councillor Sonya Warren IN ATTENDANCE Mrs L MacDonald, Senior Planning Officer Mr A Miller, Senior Planning Officer and Miss K Donnachie, 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 Committee. 1 Chair Councillor Macrae, being Chair of the Moray Local Review Body, chaired the meeting. 2 Declaration of Group Decisions and Members Interests In terms of Standing Order 21 and 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. For transparency, in relation to Item 6, Case LR285, Councillor Warren stated that in the previous Council term, local Buckie Ward Members had been consulted on the sale of this land and that the Applicant is also a member of the Findochty Community Council however she stated that this would not influence her judgement when determining this application. Councillor Warren further noted that Item 4, Case LR283 was not in Buckie and that the Case should state that the proposal is in the Fochabers Lhanbryde Ward. 3 Minute of Meeting dated 16 February 2023 The Minute of the meeting dated 16 February 2023 was submitted and approved. 4 Order of Business The Chair sought the agreement of the Moray Local Review Body to vary the order business and take the cases in the following order, Item 4 Case LR283, Item 6 Item 3 Page 5
Page 6
LR285, Item 5 LR284, Item 7 LR286 and Item 8 LR 287, to allow Officers to be present for the relevant items of business. This was agreed. 5 Case LR283 - Ward 4 – Fochabers Lhanbryde Planning Application 22/00164/PPP – Erect a dwellinghouse on site at Broadly by Buckie A request was submitted by the Applicant, seeking a review of the decision of the Appointed Officer, in terms of the Scheme of Delegation, to refuse planning permission on the grounds that: The development would result in an intensification of use of the access junction onto the public road, where there is presently restricted visibility and which would be likely to give rise to conditions detrimental to the road safety of road users contrary to Moray Local Development Plan (MLDP) policy 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, both the Legal and Planning Advisers advised that they had nothing to raise at this time. The Chair then asked the Moray Local Review Body (MLRB) if it had sufficient information to determine the request for review. In response, the MLRB unanimously agreed that it had sufficient information to determine the case. Councillor Dunbar, having visited the site and considered the Case in detail, moved that the MLRB uphold the appeal and grant planning permission in principle in relation to Planning Application 22/00164/PPP with a condition to resolve any issues in relation to land ownership and the visibility splay prior to start of any development. This was seconded by Councillor Warren. In response, the Legal Adviser pointed out that the reason for refusal was that the proposal did not comply with policy DP1 (Development Principles) of the MLDP 2020 in terms of safe entry to and from the site and sought clarification as to whether Councillor Dunbar was of the view that the proposal complied with Policy DP1 or was an acceptable departure from Policy DP1. Councillor Dunbar stated that it was her understanding that if the issues of land ownership and visibility splay were rectified, then the proposal would comply with policy. Mrs MacDonald, Planning Adviser confirmed that the Appointed Officer was of the view that these issues could not be adequately controlled by condition, however it was up to the MLRB to decide whether these issues could be controlled by condition. Mrs MacDonald further stated that approval of this application was subject to a legal agreement in terms of developer obligations and that the Transportation Service had recommended that access to and from the development should be from at least 15 metres down the private track rather than the public road Page 6
Page 7
and that EV charging would also be required and sought the agreement of the MLRB to add these condtions and also any standard conditions and informatives if minded to approve the planning application.. In response, Councillor Dunbar agreed to add these conditions to her motion for approval. Councillor Harris sought clarification as to whether there would be any condition in relation to the height of fencing or vegetation at the visibility splay. In response, Mrs MacDonald stated that the visibility splay condition would limit the height of fencing or vegetation to no more than 0.6 metre. There being no-one otherwise minded, the MLRB unanimously agreed to uphold the appeal and grant planning permission in principle in relation to Planning Application 22/00164/PPP subject to: (i) the inclusion of conditions to address the issues of land ownership and visibility splay with fencing/vegetation no more than a height of 0.6 metre; (ii) the completion of a legal agreement in terms of developer obligations; (iii) a condition to ensure that access to and from the development should be from at least 15 metres down the private track rather than the public road; (iv) a condition to ensure the provision of EV charging; and (v) any other standard conditions and informatives. 6 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 Under reference to paragraph 4 of the Minute of the meeting of the Moray Local Review Body (MLRB) dated 16 February 2023, 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 would be contrary to policies EP9, EP3, EP6 and DP1 of the Moray Local Development Plan (MLDP) 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 Page 7
Page 8
any material planning considerations which would merit departing from policy. A Summary of Information Report set out the reasons for refusal, together with the documents considered or prepared by the Appointed Officer in respect of the planning application, in addition to the Notice of Review, Grounds for Review and supporting documents submitted by the Applicant. In response to a question from the Chair as to whether the Legal or Planning Advisers had any preliminary matters to raise, the Legal Adviser advised that he had nothing to raise at this time. Mrs MacDonald, Planning Adviser advised that the Case included 2 copies of the plan, one being the original plan and another called “Revision A” and that Members should consider “Revision A”, as this was the plan that was refused. This was noted. Councillor Warren stated that local Ward Members had been consulted on the sale of land referred to in this proposal and sought guidance from the Legal Adviser as to whether she should declare a full interest in this case and take no part in the consideration of this item. In response, the Legal Adviser advised that it is up to each member to decide whether they can fairly consider each application based on the information provided within the case. In response, Councillor Warren stated that local Ward Members had been provided with 3 options in relation to the sale of this land and that they had settled on one option therefore declared a full interest in this item, left the meeting at this juncture and took no further part in the consideration of this item. Councillor Cameron, having visited the site and considered the case in detail, agreed with the original decision of the Appointed Officer stating that permitting the development would erode public land and moved that the MLRB refuse the appeal and uphold the original decision of the Appointed Officer to refuse Planning Application 22/00327/APP as the proposal does not comply with policies EP9 (Conservation Areas), EP3 (Special Landscape Areas and Landscape Character), EP6 (Settlement Boundaries) and DP1 (Development Principles) of the MLDP 2020. This was seconded by Councillor Harris. There being no-one otherwise minded, the MLRB agreed to refuse the appeal and uphold the original decision of the Appointed Officer to refuse Planning Application 22/00327/APP as the proposal does not comply with policies EP9 (Conservation Areas), EP3 (Special Landscape Areas and Landscape Character), EP6 (Settlement Boundaries) and DP1 (Development Principles) of the MLDP 2020. Councillor Warren re-joined the meeting at this juncture. 7 Case LR284 - Ward 4 - Fochabers Lhanbryde Planning Application 22/01066/APP – Alter and extend dwellinghouse at 35 Gordon Street, Portgordon, Buckie Page 8
Page 9
Under reference to paragraph 4 of the Minute of the meeting of the Moray Local Review Body (MLRB) dated 16 February 2023, a request was submitted by the Applicant, seeking a review of the decision of the Appointed Officer, in terms of the Scheme of Delegation, to refuse planning permission on the grounds that: The proposed 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. A Summary of Information Report set out the reasons for refusal, together with the documents considered or prepared by the Appointed Officer in respect of the planning application, in addition to the Notice of Review, Grounds for Review and supporting documents submitted by the Applicant. In response to a question from the Chair as to whether the Legal or Planning Advisers had any preliminary matters to raise, the Planning Adviser advised that she had nothing to raise at this time. The Chair then asked the Moray Local Review Body (MLRB) if it had sufficient information to determine the request for review. In response, the MLRB unanimously agreed that it had sufficient information to determine the case. Councillor Van Der Horn, having considered the case in detail, moved that the appeal be upheld and planning permission granted in respect of Planning Application 22/01066/APP. He acknowledged concerns in relation to the view of the proposal from the west however stated that this could be mitigated with a condition asking that more planting be provided. In terms of the design of the proposal, Councillor Van Der Horn was of the view that the modern design was acceptable and added to architectural diversity. He further noted the support of the local Portgordon Community Trust. With regard to some concerns of the proposal being viewed as a block, Councillor Van Der Horn suggested that new drawings could be submitted to mitigate against those concerns. Councillor Cameron agreed with Councillor Van Der Horn’s comments and seconded his motion. Mr Hoath, Legal Adviser reminded the MLRB of the reasons for refusal set out in the Summary of Information report and sought clarification from Councillor Van Der Horn as to whether the policy complies with, or is an acceptable departure from, policy DP1 (Development Principles) (i)(a). He further noted Councillor Van Der Horn's comments in relation to increased planting and new drawings and asked if these were to be addressed by means of condition. In response, Councillor Van Der Horn stated that this proposal would be an acceptable departure from policy as there are already examples of similar extensions in the area with a condition to add additional planting to mitigate against the impact from the view from the west. Councillor Van Der Horn went on to retract his previous comments in relation to additional drawings. Councillor Cameron Page 9
Page 10
confirmed that, after considering Councillor Van Der Horn's further comments, he still wished to second his motion. Miss Donnachie, Planning Adviser advised that, should the MLRB be minded to uphold the appeal and grant planning permission, a condition could be added in relation to the increased landscaping requiring that a landscape plan be provided in addition to standard conditions and informatives. She further sought clarification from Councillor Van Der Horn as to whether he considered the proposal to be a departure from policy DP1(i)(a) or whether he was of the view the proposal complied with policy. In response, Councillor Van Der Horn stated that in some way the proposal is a departure as the proposal has an impact however complied as it would not adversely affect the character of the street, and on the whole was of the view that the proposal complied with policy DP1(i)(a). Councillor Ross, having visited the site and considered the case in detail agreed with the original decision of the Appointed Officer to refuse the application as it is contrary to policy DP1(i)(a) and moved as an amendment, that the MLRB agree to refuse the appeal and uphold the original decision of the Appointed Officer to refuse Planning Application 22/01066/APP as it is contrary to policy DP1 (Development Principles) (i)(a) of the MLDP 2020. This was seconded by Councillor Warren. On a division there voted: For the Motion (6): Councillors Van Der Horn, Cameron, Dunbar, Harris, Macrae and McBain For the Amendment (3): Councillors Ross, Warren and Keith Abstentions (0): Nil Accordingly, the Motion became the finding of the Meeting and the MLRB agreed to uphold the appeal and grant planning permission in respect of Planning Application 22/01066/APP as the proposal complies with policy DP1 (Development Principles) (i)(a) of the MLDP 2020 with the inclusion of a condition for the provision of increased landscaping including a landscape plan, as well as standard conditions and informatives. 8 Case LR286 - Ward 5 - Heldon and Laich Planning Application 22/01594/APP – Proposed erection of garage/storage shed and partial change of use from Farm Land to Garden Ground at The Forecourt, Cummingston A request was submitted by the Applicant, seeking a review of the decision of the Appointed Officer, in terms of the Scheme of Delegation, to refuse planning permission on the grounds that: 1 The proposals is contrary to Moray Local Development Plan Policies 2020 EP6 and the Cummingston Settlement Text as the proposal would introduce a large building at the edge of the village on land that is immediately outwith the existing settlement boundary resulting in additional linear roadside development along the B9040 and increasing the potential for coalescence Page 10
Page 11
with surrounding settlements. 2 The proposals is contrary to Moray Local Development Plan Policies 2020 DP1 (i) (a) and EP3 as the development fails to reflect the traditional settlement character in terms of siting and design as the siting of a building of this size in this prominent location would not reflect the character of this part of the village. In response to a question from the Chair as to whether the Legal or Planning Advisers had any preliminary matters to raise, the Legal Adviser advised that he had nothing to raise at this time. Mr Miller, Planning Adviser advised that Members on the site visit had noted that some works had already commenced on the site and that, whilst some of these works did not require planning permission, some of the works do need planning permission including the change of use of agricultural land to garden ground, which is subject to the planning application. However he reminded the Moray Local Review Body (MLRB) that the planning application should be considered based on the information considered by the Appointed Officer at the time of determination and no weight should be given to the partly retrospective nature of this review. This was noted. The Chair then asked the MLRB if it had sufficient information to determine the request for review. In response, the MLRB unanimously agreed that it had sufficient information to determine the case. During discussion, the MLRB raised concern in relation to the size of the proposal which is not in keeping with the character of the surrounding area and unanimously agreed to uphold the original decision of the Appointed Officer to refuse planning permission in respect of Planning Application 22/01594/APP as the proposal is contrary to policy EP6 (Settlement Boundaries), DP1 (Development Principles) (i) (a) and EP3 (Special Landscape Areas and Landscape Character) of the MLDP 2020. 9 Case LR287 - Ward 4 - Fochabers Lhanbryde Planning Application 22/01423/APP – Change of use from amenity to garden ground with erection of 1.8m timber fence at 10 Linksview Road, Mosstodloch A request was submitted by the Applicant, seeking a review of the decision of the Appointed Officer, in terms of the Scheme of Delegation, to refuse planning permission on the grounds that: The proposed development departs from the Moray Local Development Plan (MLDP) 2020 Policy EP5 (Open Space) and Mosstodloch designation ENV6 Natural/Semi-Natural Greenspace which require ENV designations in settlement statements to be retained as open space and where the proposal does not constitute one of the policy exemptions to the retention of open space. The ENV designation has been reinforced by the Mosstodloch Settlement Statement, superseding the previous erosion of the designation from past consents. The proposal is therefore unacceptable. 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 Page 11
Page 12
planning application, in addition to the Notice of Review, Grounds for Review and supporting documents submitted by the Applicant. In response to a question from the Chair as to whether the Legal or Planning Advisers had any preliminary matters to raise, both the Legal and Planning Advisers advised that they had nothing to raise at this time. The Chair then asked the Moray Local Review Body (MLRB) if it had sufficient information to determine the request for review. In response, the MLRB unanimously agreed that it had sufficient information to determine the case. Councillor Ross, having visited the site and considered the case in detail, moved that the MLRB refuse the appeal and uphold the original decision of the Appointed Officer to refuse planning permission in respect of Planning Application 22/01423/APP as the proposal is contrary to Policy EP5 (Open Space) of the MLDP 2020 and the Mosstodloch designation ENV6 (Natural/Semi-Natural Greenspace). There being no-one otherwise minded, the MLRB agreed to refuse the appeal and uphold the original decision of the Appointed Officer to refuse planning permission in respect of Planning Application 22/01423/APP as the proposal is contrary to Policy EP5 (Open Space) of the MLDP 2020 and the Mosstodloch designation ENV6 (Natural/Semi-Natural Greenspace). Page 12
Page 13
MORAY LOCAL REVIEW BODY 16 MAY 2023 SUMMARY OF INFORMATION FOR CASE No LR289 Ward 4 – Fochabers Lhanbryde Planning Application 22/01292/APP – Erect dwellinghouse on Plot 3, Milnduff, Drybridge, Buckie Planning permission was granted under the Statutory Scheme of Delegation by the Appointed Officer on 16 January 2023 subject to the following conditions: 1. The development to which this permission relates must be begun not later than the expiration of 3 years beginning with the date on which the permission is granted. Reason: The time limit condition is imposed in order to comply with the requirements of section 58 of the Town and Country Planning (Scotland) Act 1997 as amended. 2. No development works shall commence on the dwelling house until a detailed drawing (scale 1:200) has been submitted to and approved in writing by the Council, as Planning Authority in consultation with the Roads Authority confirming the provision of, or location where a future Electric Vehicle (EV) charging unit is to be connected to an appropriate electricity supply, including details (written proposals and plans) to confirm the provision of the necessary cabling, ducting, and consumer units capable of supporting the future charging unit; and thereafter the EV charging infrastructure shall be provided in accordance with the approved drawing and details prior to the first occupation of the dwelling house. Reason: In the interests of an acceptable form of development and the provision of infrastructure to support the use of low carbon transport, through the provision of details currently lacking. 3. No water shall be permitted to drain or loose material be carried onto the public carriageway. Reason: To ensure the safety and free flow of traffic on the public road and access to the site by minimising the road safety impact from extraneous material and surface water in the vicinity of the new access. Item 4 Page 13
Page 14
2 4. A visibility splay 2.4 metres by 120 metres to the north-west shall be provided at the access onto the public road, and maintained thereafter at all times free from any obstruction greater than 0.6m in height measured from the level of the carriageway. Reason: To enable drivers of vehicles leaving the site to have a clear view over a length of road sufficient to allow safe exit, in the interests of road safety for the proposed development and other road users. 5. Three car parking spaces shall be provided within the site prior to the occupation or completion of the dwelling house, whichever is the sooner. The parking spaces shall thereafter be retained throughout the lifetime of the development, unless otherwise agreed in writing with the Council as Planning Authority. Reason: To ensure the permanent availability of the level of parking necessary for residents/visitors/others in the interests of an acceptable development and road safety. 6. Prior to the occupation of the house hereby approved a scheme of effective treatment to the private water supply shall be fully installed and properly maintained for the lifetime of the development. The scheme must ensure that the water to the house would fully comply with the regulatory limits stated in The Water Intended for Human Consumption (Private Supplies) (Scotland) regulations 2017 and should specifically include effective point of entry ultraviolet treatment, prefiltration, pH correction measures and iron/manganese treatment. Reason: To ensure that the development is served by an adequate and wholesome water supply. 7. The paddock area associated with the plot as identified in the approved site plan, shall be only used as paddock land, and not for domestic garden purposes. Note. For the avoidance of doubt, the paddock does not have the benefit of permitted development rights under Article 2(4), Schedule, Part 1 Classes 3B (Building, engineering, installation or other operation within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse) of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, as amended by the Town & Country Planning (General Permitted Development) (Scotland) Amendment Order 2011 (or any Order revoking and re-enacting that Order(s) with or without modifications). Reason: To safeguard the rural character of the site and its surroundings, by mitigating against any domestic encroachment into adjoining farm/paddock land. 8. Unless otherwise agreed in writing with the Planning Authority, boundary enclosures surrounding the site hereby approved shall only comprise post and wire fencing or hedging made up of native species (birch, gean, hawthorn, scots pine, beech, oak, holly). In addition 15% of the plot must be landscaped with native tree species (whips and feathered trees at least 1.5 metres in Page 14
Page 15
3 height, planted at a density of 1 per 4 sqm). All planting, seeding or turfing shall be carried out in the first planting and seeding seasons following the commencement of development. Any trees or plants which within a period of five years from the completion of the development die, for whatever reason are removed or damaged shall be replaced in the next planting season with others of the same size and species. Reason: To ensure an acceptable scheme of landscaping to aid the integration of the house into the surrounding landscape and ensure the planting is timeously provided. 9. Notwithstanding the details shown on the approved plans, the roof of the dwellinghouse hereby approved shall be finished in natural slate. Reason: To ensure the highest standards of material finish are achieved for new housing in the countryside and that new housing is finished in a manner which reflects the traditional material finishes of houses in Moray. 10. The residential caravan hereby permitted is solely for the use of the applicant or developer for the duration of the construction works associated with the development hereby approved. Within 3 years from the date of this decision notice or within 2 months following the occupation or completion of the dwellinghouse, whichever is the sooner, the caravan shall be removed permanently from the site, along with all associated fixtures and fittings. Reason: To ensure the removal of the residential caravan from the site following the completion of the adjacent house, in the interests of minimising and removing the visual impact of the caravan. 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. At the meeting of the Moray Local Review Body (MLRB) on 16 February 2023, the MLRB noted that National Planning Framework 4 (NPF4) had been adopted by the Council on Monday 13 February 2023 and that all planning applications determined beyond this date would have to take NPF4 into consideration, as this is now part of the MLDP 2020 and deferred consideration of the above Review to request further information from the Appointed Officer and Interested Parties after considering the planning application in light of NPF4 with any response received being forwarded to the Applicant for comment. NPF4 has no impact on this LRB case. Page 15
Page 16
Page 16
Page 17
Track Minduff P Const & PER Bdy Ward Bdy 158.8m 152.7m151.3m Location plan for Planning Application Reference Number : 22/01292/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 17
Page 18
Page 18
Page 19
APPENDIX 1 DOCUMENTS CONSIDERED OR PREPARED BY THE APPOINTED OFFICER Page 19
Page 20
Page 20
Page 21
Page 1 of 8 The Moray Council Council Office High Street Elgin IV30 1BX Tel: 0300 1234561 Email: development.control@moray.gov.uk Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid. Thank you for completing this application form: ONLINE REFERENCE 100475230-004 The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application. 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 Erect dwelling house Page 21
Page 22
Page 2 of 8 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: * Mr Christopher Timothy Bremner Wright Drybridge Cameron Crescent 23 Minduff 07876758717 AB56 5LB AB56 1AG Scotland Scotland Buckie Buckie christopher.bremner@hotmail.com Page 22
Page 23
Page 3 of 8 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. Revised design sent to achieve 6.75m ridge height. Mr Moray Council Iain Drummond 12/08/2022 Plot 3 Minduff 860411 343427 Page 23
Page 24
Page 4 of 8 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. 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). 4381.00 House plot with previous approval 0 4 Page 24
Page 25
Page 5 of 8 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 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 How many units do you propose in total? * Please provide full details of the number and types of units on the plans. Additional information may be provided in a supporting statement. 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? * area to store bins. collection from the existing turning area at the end of the Minduff road. 1 Page 25
Page 26
Page 6 of 8 Certificates and Notices CERTIFICATE AND NOTICE UNDER REGULATION 15 – TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATION 2013 One Certificate must be completed and submitted along with the application form. This is most usually Certificate A, Form 1, Certificate B, Certificate C or Certificate E. Are you/the applicant the sole owner of ALL the land? * Yes No Is any of the land part of an agricultural holding? * Yes No Certificate Required The following Land Ownership Certificate is required to complete this section of the proposal: Certificate A Land Ownership Certificate Certificate and Notice under Regulation 15 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 Certificate A I hereby certify that – (1) - No person other than myself/the applicant was an owner (Any person who, in respect of any part of the land, is the owner or is the lessee under a lease thereof of which not less than 7 years remain unexpired.) of any part of the land to which the application relates at the beginning of the period of 21 days ending with the date of the accompanying application. (2) - None of the land to which the application relates constitutes or forms part of an agricultural holding Signed: Christopher Bremner On behalf of: Mr Timothy Wright Date: 01/09/2022 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 Page 26
Page 27
Page 7 of 8 Town and Country Planning (Scotland) Act 1997 The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 d) If this is an application for planning permission and the application relates to development belonging to the categories of national or major developments and you do not benefit from exemption under Regulation 13 of The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, have you provided a Design and Access Statement? * Yes No Not applicable to this application e) If this is an application for planning permission and relates to development belonging to the category of local developments (subject to regulation 13. (2) and (3) of the Development Management Procedure (Scotland) Regulations 2013) have you provided a Design Statement? * Yes No Not applicable to this application f) If your application relates to installation of an antenna to be employed in an electronic communication network, have you provided an ICNIRP Declaration? * Yes No Not applicable to this application g) If this is an application for planning permission, planning permission in principle, an application for approval of matters specified in conditions or an application for mineral development, have you provided any other plans or drawings as necessary: Site Layout Plan or Block plan. Elevations. Floor plans. Cross sections. Roof plan. Master Plan/Framework Plan. Landscape plan. Photographs and/or photomontages. Other. If Other, please specify: * (Max 500 characters) Provide copies of the following documents if applicable: A copy of an Environmental Statement. * Yes N/A A Design Statement or Design and Access Statement. * Yes N/A A Flood Risk Assessment. * Yes N/A A Drainage Impact Assessment (including proposals for Sustainable Drainage Systems). * Yes N/A Drainage/SUDS layout. * Yes N/A A Transport Assessment or Travel Plan Yes N/A Contaminated Land Assessment. * Yes N/A Habitat Survey. * Yes N/A A Processing Agreement. * Yes N/A Other Statements (please specify). (Max 500 characters) Page 27
Page 28
Page 8 of 8 Declare – For Application to Planning Authority I, the applicant/agent certify that this is an application to the planning authority as described in this form. The accompanying Plans/drawings and additional information are provided as a part of this application. Declaration Name: Mr Christopher Bremner Declaration Date: 01/09/2022 Page 28
Page 29
6750 1315 Plot 2 Plot 3 FFL = 172.460 FFL +173.550m Original approved house outline (09/01922/APP) MUTUAL TURNING AREA A-A 1694 MUTUAL TURNING AREA B-B IN ROOF SOLAR PV SYSTEM Plot 3 FFL = 172.460 CHRISTOPHER BREMNER PLANS 07876758717 christopher.bremner@hotmail.com Planning and Building Warrant applications... New House - Conversion - Garage - Extension... Site Sections 18-08-22 1:150@A3 Drawing No. 20-121-PL02 Mr & Mrs Wright Plot 3 Minduff, Drybridge, Buckie Page 29
Page 30
Page 30
Page 31
8400 9300 3000 OPEN FIELD Plot 1 Plot 2 Plot 3 Passing Place PADDOCK FOR PLOT 1 / SPACE FOR SOAKAWAY ETC. *ALL FENCES TO BE 900mm HIGH TIMBER POST & WIRE. MUTUAL TURNING AREA PADDOCK FOR PLOT 3 PADDOCK FOR PLOT 1 / SPACE FOR SOAKAWAY ETC. DRIVEWAY SURFACE FORMED WITH POROUS PAVIORS. FFL = 172.460 ROAD TO BE SUFFICIENT TO SUPPORT A VEHICLE AXLE LOAD OF 14 TONNES. PADDOCK FOR PLOT 3 Plot 4 & 5 DrivewayPassing Place Plot 1,2,3 Driveway FFL +173.100m FFL +173.550m 150mm pvc EXISTING SURFACE WATER DITCH Family Room Lounge Dining Room Kitchen Vest.Hall Garage St. St. Pantry Bathroom Bedroom 6 Mud Room Gravel drive way Previously approved house outline (12/02050/APP) Treatment plant Surface water Attenuation trench Original approved house outline (09/01922/APP) Foul Soakaway AIR SOURCE OUTSIDE UNIT WATER BOREHOLE 57.629897, -2.949992 NEW TREE PLANTING. R B B B NEW TREE PLANTING. B B A A S S N Temporary static caravan during house build All planting, seeding or turfing as may be compromised in the approved details shall be carried out in the first planting and seeding seasons following the commencement of the development. Any trees, plants or hedging, which within a period of five years from the completion of the development die, for whatever reason are removed or damaged shall be replaced in the next planning season with others of the same size and species Notes A range of 'Selected Standard' LANSCAPE LEGEND S - Silver Birch (Betula Pendula) Whip/Feather O - Oak(Quercus Petraea) Whip/Feather B - Beech (Fagus sylvatica) Whip/Feather R - Rowan (Sorbus Aucuparia) Whip/Feather Spacing - 2m x 2m CHRISTOPHER BREMNER PLANS 07876758717 christopher.bremner@hotmail.com Planning and Building Warrant applications... New House - Conversion - Garage - Extension... Site Plan 29-09-21 1:500@A3 Drawing No. 20-121-PL03 Mr & Mrs Wright Plot 3 Minduff, Drybridge, Buckie Page 31
Page 32
Page 32
Page 33
Plot 1 Plot 2 Plot 3 FFL +173.100m FFL +172.460m FFL +173.550m Plot 5 FFL +176.450m 2395sqm o.t.b. 3594sqm o.t.b. 3 2 0 0 2400 1 8 0 0 3 9 5 0 6 6 0 0 1 0 9 0 1 0 9 0 3 7 5 0 3 0 0 0 1 1 6 5 4000 3600 6 0 0 0 6 0 0 0 1 2 0 0 6 0 0 0 3 6 0 0 3300 Family Room Utility Lounge Dining Room Kitchen Vest.Hall Garage St. St. Pantry Bathroom Bedroom Play room 2 7 2 5 1 2 0 0 2 7 8 5 3 0 0 0 3 5 2 5 1 8 0 0 2 9 6 0 1 2 3 4 5 F a m i l y R o o m L o u n g e D i n i n g R o o m K i t c h e n V e s t . H a l l G a r a g e S t . S t . P a n t r y B a t h r o o m B e d r o o m 6 M u d R o o m N CHRISTOPHER BREMNER PLANS 07876758717 christopher.bremner@hotmail.com Planning and Building Warrant applications... New House - Conversion - Garage - Extension... Location 29-09-21 1:1250@A3 Drawing No. 21-126-PL04 Mr & Mrs Wright Plot 3 Minduff, Drybridge, Buckie Page 33
Page 34
Page 34
Page 35
North Elevation 35° East Elevation 6750 6750 3750 2400 4950 10901090 6160 6000 1200 3000 5765 1050 3000 1090 2785 4000 2960 6000 3300 1800 1800 3600 3600 1800 Family Room Lounge Dining Room Kitchen Vest. Hall Garage St. St. Pantry Bathroom Bedroom 6 Ground Floor Plan 144m2 Mud Room 3615 760 4500 South Elevation IN ROOF SOLAR PV SYSTEM 6750 West Elevation AIRSOURCE UNIT 6750 1925 7675 2800 4000 3125 4200 3400 3500 4800 2625 11001100 3600 3600 2625 2625 2625 1200 1200 4100 1800 First Floor Plan 132m2 Bedroom 2 Bedroom 3 Bedroom 5 Bedroom 4 St. cyl Dressing W W W W Ensuite Ensuite Ensuite St. Master Bedroom Study area CHRISTOPHER BREMNER PLANS christopher.bremner@hotmail.com Planning and Building Warrant applications... New House - Conversion - Garage - Extension... Proposed Plan 07-11-22 1:50/100@A1 Drawing No. 20-121-PL01 Mr & Mrs Wright Plot 3 Minduff, Drybridge, Buckie EXTERNAL FINISHES:- 1. Slate effect tiles 2. Tuscany beige Roughcast. 3. Natural stone feature gable. 4. White UPVC Windows & Doors. 5. White UPVC Soffit and Fascia. Page 35
Page 36
Page 36
Page 37
gmcsurveys Surveys, Setting-Out Civil Engineering Design Site Investigation & Drainage Assessment PLOT 3 MINDUFF Gary Mackintosh Bsc gmcsurveys@gmail.com Gary Mackintosh Email: gmcsurveys@gmail.com Tel: 07557431702 Page 37
Page 38
gmcsurveys Site Investigation & Drainage Assessment Minduff PAGE 1 Contents Client: ............................................................................................................................................................ 2 Site Address: ................................................................................................................................................. 2 Planning Reference: ................................................................................................................................... 2 Date: ............................................................................................................................................................... 2 Job Number: .................................................................................................................................................. 2 Company Information: .............................................................................................................................. 2 Assessment completed by:........................................................................................................................ 2 Introduction: ................................................................................................................................................ 3 Soil Conditions: ........................................................................................................................................... 3 Percolation/Soakaway Testing: .............................................................................................................. 4 Conclusion and Recommendations: ...................................................................................................... 4 Foul Water Discharge via Soakaway: ..................................................................................................... 5 Surface Water Dispersal via Soakaway: ................................................................................................ 5 Page 38
Page 39
gmcsurveys Site Investigation & Drainage Assessment Minduff PAGE 2 Client: Mr and Mrs Wright Site Address: Proposed Dwelling Minduff Buckie Planning Reference: TBC Date: 12th January 2022 Job Number: GMC22-009 Company Information: Assessment completed by: Gary Mackintosh Bsc GMCSurveys 34 Castle Street Forres Moray IV36 1PW Email: gmcsurveys@gmail.com Telephone: 07557431702 Page 39
Page 40
gmcsurveys Site Investigation & Drainage Assessment Minduff PAGE 3 Introduction: The proposals are to erect a new private dwelling within Plot 3 of the previously approved development located at Minduff, By Buckie together with all associated infrastructure. The SEPA Flood maps have been consulted which confirm the property is not at risk of fluvial or pluvial flooding during a 1:200year event. GMC Surveys have been asked to carry out a site investigation in order to provide a drainage solution for the proposed development. Soil Conditions: Excavations were carried out by mechanical excavator on 26th November 2021 to assess the existing ground conditions and carry out infiltration and percolation testing for the management of foul and surface waters via soakaways. The trial pits were excavated to depths of 1.8m and no groundwater was encountered. The excavations consisted of 0 – 300mm Topsoil, 300 – 1200mm brown/red, firm to stiff, gravelly Clays overlying mixed gravels and rock easily broken with the teeth of the excavator proved to the depth of the excavations. There was no evidence of fill material or contamination within the trial pits and no ground water was encountered. The natural soils have a minimum bearing capacity of 75kn/m2. Page 40
Page 41
gmcsurveys Site Investigation & Drainage Assessment Minduff PAGE 4 Percolation/Soakaway Testing: Percolation testing was carried out in full accordance with BS6297: 2007 + A1: 2008 and as described in Section 3.9 of the Scottish Building Standards Technical Handbook (Domestic). The results can be found in the table below. 1st 2nd 3rd Mean Date of Test 26/11/21 26/11/21 26/11/21 TH01 1440s 2040s 2340s 1940s Average Soil Vp 12.93s/mm Infiltration testing: Infiltration testing was carried out in full accordance with BRE digest 365. The results can be found in the table below. Infiltration Test Pit Dimensions (w/l) Test Zone (mbgl) Infiltration Rate (m/s) INF01 1.2m x 1.2m 1.0 - 1.8 2.43 x 10-5 Conclusion and Recommendations: Based on the onsite investigations it can be confirmed that the underlying soils are suitable for the use of standard stonefilled soakaways as a drainage solution for both foul and surface waters. The Vp rate is below the maximum threshold of 15s/mm therefore a ‘Packaged Sewage Treatment Plant’ would be required, the final details of which are to be confirmed by the chosen supplier. Page 41
Page 42
gmcsurveys Site Investigation & Drainage Assessment Minduff PAGE 5 Foul Water Discharge via Soakaway: As the Vp rate is below 15s/mm, in addition to the package sewage treatment plant, SEPA require that 3.6m2 per person or 25m2 minimum be allowed for the foul water soakaway, whichever is greater. 3.6 x 8 (6 Bedroom) = 28.80m2 It is therefore proposed to install a soakaway with a minimum base area of 25m2. This area can be provided with soakaway plan dimensions 7.20m x 4.00m at a depth of 0.45m below invert level. Alternative dimensions may be adopted to better suit the site layout ensuring that the minimum base area of 28.80m2 is maintained. Surface Water Dispersal via Soakaway: Please see attached surface water calculations detailing the requirement and suitability for soakaway dimensions of 8.0m x 3.5m at a depth of 1.50m below the invert level based on the proposed contributing area of 315m2 (proposed roof area) up to and including a 1:30year event with 35% allowance for climate change. Soakaway Details can be found in Appendix A. SEPA and Building Regulations require that infiltration systems (soakaways) are located at least: – 50m from any spring, well or borehole used as drinking water supply – 10m horizontally from any water course and any inland and coastal waters, permeable drain (including culvert), road or railway – 5m from a building or boundary Page 42
Page 43
Page 44
! "
#
$ % & $ ' ( ) * + & $ , '
$
- .
% / 0 1 1 0 " 0 / 2
3 4 5 6 4 7
8 9 : : ; < 4 7
= > ; :
? @ 4 A : B ;
C D ; E :
F G H 9 : B I : J K L L @ 4 M : J
N O P Q R S T U V W X X Y Z W [ \ T ]
^
W _ X ` [ ] a ` Q ] _
^
P ` \ ` b ` c
d
S e f f g h h i
j f k h j k f f
j
d
S
Rectangular pit design data:-
Pit length = 8 m Pit width = 3.5 m
Depth below invert = 1.5 m Percentage voids = 30.0%
Imperm. area = 315 m² Infilt. factor = 0.000024 m/s
Return period = 100 yrs Climate change = 30%
Calculations :-
Surface area of soakaway to 50% storage depth (not inc. base):-
a
l m n
= 2 x (length + width) x depth/2 = 17.2 m²
Outflow factor : O = a
l m n
x Infiltration rate = 0.000414 m/s
Soakaway storage volume : S
> B ; o > E
= length x width x depth x %voids/100 = 12.6 m³
Duration Rainfall Inflow Depth Outflow Storage
mm/hr m³ (hmax) m m³ m³
5 mins 111.6 2.9 0.12 2.790.33
10 mins 87.1 4.6 0.25 4.310.51
15 mins 72.9 5.7 0.37 5.370.64
30 mins 51.7 8.1 0.75 7.390.88
1 hrs 34.9 11.0 1.49 9.501.13
2 hrs 22.5 14.2 2.98 11.201.33
4 hrs 14.3 18.0 5.96 12.021.43
6 hrs 10.9 20.5 8.94 11.601.38
10 hrs 7.7 24.2 14.90 9.311.11
24 hrs 4.2 31.9 35.77 0.000.00
Actual volume : S
> B ; o > E
= 12.600 m³
Required volume : S
@ : p J 7
= 12.020 m³
Soakaway volume storage OK.
Minimum required a
l m n
: 16.46 m²
Actual a
l m n
: 17.25 m²
Minimum depth required: 1.43 m
Time to maximum 4 hrs
Emptying time to 50% volume = t
l m n
= S
@ : p J
x 0.5 / (a
l m n
x Infiltration rate) = 04:01 (hr:min))
Soakaway emptying time is OK.
Page 43Page 45
Page 46
! "
#
$ % & $ ' ( ) * + & $ , '
$
- .
% / 0 1 1 0 " 0 / 2
3 4 5 6 4 7
8 9 : : ; < 4 7
= > ; :
? @ 4 A : B ;
C D ; E :
F G H 9 : B I : J K L L @ 4 M : J
N O P Q R S T U V W X X Y Z W [ \ T ]
^
W _ X ` [ ] a ` Q ] _
^
P ` \ ` b ` c
d
S e f f g h h i
j f k h j k f f
f
d
S
Location hydrological data (FSR):-
Location = BUCKIE (GRAMP) Grid reference = NJ4265
M5-60 (mm) = 13.5 r = 0.25
Soil index = 0.15 SAAR (mm/yr) = 750
WRAP = 1 Area = Scotland and N. Ireland
Soil classification for WRAP type 1
i) Well drained permeable sandy or loam soils and shallower analogues over highly permeable
limestone, chalk, sandstone or related drifts;
ii) Earthy peat soils drained by dykes and pumps;
iii) Less permeable loamy over clayey soils on plateaux adjacent to very permeable soils in
valleys.
N.B. The rainfall rates are calculated using the location specific
values above in accordance with the Wallingford procedure.
Page 44Page 47
gmcsurveys Site Investigation & Drainage Assessment Minduff PAGE 6 Appendix A Test Hole Locations Page 45
Page 48
Plot 3 Plot 2 R B Plot 1 DATE:DESCRIPTION:REV: BY: REVISION:PROJECT NO: DRAWING NO: DRAWN:DATE: CHECKED: TITLE: SCALE AT A4: CLIENT: SITE: STATUS: gmcsurveys Surveys, Setting Out, Civil Engineering Design T: 07557 431 702 E: gmcsurveys@gmail.com ISSUE NTS JAN22 GM Test Hole Location Appendix A -GMC22-009 Mr and Mrs Wright Plot 3 MinduffBy Buckie INF01 BC01 TH01 Page 46
Page 49
gmcsurveys Site Investigation & Drainage Assessment Minduff PAGE 7 Appendix B Soakaway Details/Certificates Page 47
Page 50
100mm BED TO BE PIPE BEDDING MATERIAL 150mm BED TO BE PIPE BEDDING MATERIAL 450mm DIA INSPECTION CHAMBER AND COVER 100mm BED TO BE PIPE BEDDING MATERIAL 100mm DIA SOLID PIPE 100mm DIA SOLID PIPE 100mm DIA SOLID PIPE PIT FILLED WITH CLEAN CRUSHED ROCK, SURROUNDED WITH TERRAM 1000 OR EQUAL. BASE OF PIT OPEN - NO TERRAM 150mm DIA UPVC INSPECTION 1500mm 800mm MIN COVER MD COVER AND FRAME RODDING EYE COVER LONGITUDINAL SECTION THROUGH RAINWATER SOAKAWAY (NTS) 300mm FROM EDGE OF SOAKAWAY TO PIPE AROUND PERIMETER RODDING EYE COVER 200mm Inspection Pipe and Cover 100mm DIA DISTRIBUTION HALF PERFORATED PIPE 100mm DIA DISTRIBUTION HALF PERFORATED PIPE 100mm DIA DISTRIBUTION HALF PERFORATED PIPE PLAN VIEW SOAKAWAY ARRANGEMENTS (NTS) 1.55m 1.55m 7.20m 4.0m DISTRIBUTION BOX INSPECTION / SAMPLING CHAMBER AND COVER SECTION A - A THROUGH FOUL WATER SOAKAWAY (NTS) RODDING EYE COVERREPLACE SOIL ANTI VERMIN MESH TERRAM 1000 GEOTEXTILE SIDES AND TOP ONLY WITH 1000mm LAPS 100mm DIA DISTRIBUTION HALF PERFORATED PIPE 100mm DIA UPVC SOLID PIPE 150mm THICK 10mm CHIPS CLEAN CRUSHED ROCK 100-50 GRADING 7.20m LONG X 4.0m WIDE X 0.45m DEEP SOAKAWAY 100mm DIA UPVC SOLID PIPE 100mm DIA UPVC SOLID PIPE 600 450mm 200mm DIA UPVC INSPECTION PIPES PERFOTATED WITH COVERSMD COVER AND FRAME 500mm DISTRIBUTION CHAMBER WITH PVC RISER TO GROUND LEVEL AA Dimensions as per Report FULLY PERFORATED 150mm pvc PIPE DATE:DESCRIPTION:REV: BY: REVISION:PROJECT NO: DRAWING NO: DRAWN:DATE: CHECKED: TITLE: SCALE AT A4: CLIENT: SITE: STATUS: gmcsurveys Surveys, Setting Out, Civil Engineering Design T: 07557 431 702 E: gmcsurveys@gmail.com ISSUE NTS GM Appendix B - Soakaway Details JAN22 GMC22-009 Mr and Mrs Wright Plot 3 MinduffBy Buckie Page 48
Page 51
gmcsurveys Surveys,Setting Out Civil Engineering Design Certificate For Proposed Sub – Surface Soakaways Foul Water Applicants Name: Mr and Mrs Wright Address: Plot 3, Minduff, By Buckie Site Address: Proposed New Dwelling at Above Address Date of Tests: 26th November 2021 Weather Conditions: Dry/Overcast Percolation Test/Soakaway Sizing: 1st 2nd 3rd Mean Date of Test 26/11/21 26/11/21 26/11/21 TH01 1440s 2040s 2340s 1940s Average Soil Vp 12.93s/mm Location: TP1 Average Soil Vp: 12.93s/mm PE: 8 Base Area (min): 28.80m2 (as per SEPA requirements) I hereby certify that I have carried out the above tests in full accordance with BS6297: 2007 + A1: 2008 and as described in Section 3.9 of the Scottish Building Standards Technical Handbook (Domestic). Signed: G Mackintosh Gary Mackintosh BSc. Date: 12th January 2022 Company: GMC Surveys, 34 Castle Street, Forres, Morayshire. IV36 1PW gmcsurveys 34 castle Street Forres Moray IV36 1PW T: 07557 431 702 E:gmcsurveys@gmail.com Page 49
Page 52
gmcsurveys Surveys,Setting Out Civil Engineering Design Certificate For Proposed Sub – Surface Soakaways Surface Water Applicants Name: Mr and Mrs Wright Address: Plot 3, Minduff, By Buckie Site Address: Proposed New Dwelling at Above Address Date of Tests: 26th November 2021 Weather Conditions: Dry/Overcast Trial Pit Test – Surface Water: Depth of Excavation: 1.8 Water Table Present: No Infiltration Test: Location: INF01 Infiltration Test Zone: 1.0 – 1.8mbgl Infiltration Rate (m/s): 2.43 x 10-5 Contributing Area: 315m2 Soakaway Size: 8.0m x 3.5m x 1.5 below the invert of the pipe (30year) I hereby certify that I have carried out the above tests in accordance with the procedures specified in BRE Digest 365:1991. Signed: G Mackintosh Gary Mackintosh BSc. Date: 12th January 2021 Company: GMC Surveys, 34 Castle Street, Forres, Morayshire. IV36 1PW gmcsurveys 34 castle Street Forres Moray IV36 1PW T: 07557 431 702 E:gmcsurveys@gmail.com Page 50
Page 53
Page 51
Page 54
Page 52
Page 55
Page 53
Page 56
Page 54
Page 57
MORAY COUNCIL PLANNING CONSULTATION RESPONSE From: The Moray Council, Flood Risk Management Planning Application Ref. No: 21/01560/APP I have the following comments to make on the application:- Please x (a) I OBJECT to the application for the reason(s) as stated below (b) I have NO OBJECTIONS to the application and have no condition(s) and/or comment(s) to make on the proposal (c) I have NO OBJECTIONS to the application subject to condition(s) and/or comment(s) about the proposal as set out below (d) Further information is required in order to consider the application as set out below Contact: Leigh Moreton Date 23/11/22 email address: leigh.moreton@moray.gov.uk Phone No Consultee: The Moray Council, Flood Risk Management Page 55
Page 58
Page 56
Page 59
From: Teresa Ruggeri <Teresa.Ruggeri@moray.gov.uk> Sent: 13 Sep 2022 10:31:31 To: DMSMyEmail@moray.gov.uk Cc: Subject: FW: 22/01292/APP Erect dwellinghouse on Plot 3 Minduff, Drybridge, Buckie Attachments: Hi, No developer obligations will be sought for this application as it relates to an extant consent, 09/01922/APP. Thanks Rebecca Rebecca Morrison| Infrastructure Growth/Obligations Officer (Strategic Planning and Development) | Economic Growth and Development rebecca.morrison@moray.gov.uk | website | facebook | twitter | instagram | news Page 57
Page 60
Page 58
Page 61
Consultee Comments for Planning Application 22/01292/APP Application Summary Application Number: 22/01292/APP Address: Plot 3 Minduff Drybridge Buckie Moray Proposal: Erect dwellinghouse on 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 Page 59
Page 62
Page 60
Page 63
MORAY COUNCIL PLANNING CONSULTATION RESPONSE From: Transportation Manager Planning Application Ref. No: 22/01292/APP Erect dwellinghouse on Plot 3 Minduff Drybridge Buckie Moray for Mr Timothy Wright I have the following comments to make on the application:- Please (a) I OBJECT to the application for the reason(s) as stated below (b) I have NO OBJECTIONS to the application and have no condition(s) and/or comment(s) to make on the proposal (c) I have NO OBJECTIONS to the application subject to condition(s) and/or comment(s) about the proposal as set out below x (d) Further information is required in order to consider the application as set out below This proposal is for the erection of a new dwelling which is to be served via an existing access which is to be shared by two other new properties. The overall development requires the provision of a turning area for refuse vehicles at the end of the public road. The turning area has now been constructed (and is presently within the 1 year maintenance period prior to formally being adopted as part of the public road network (Roads Construction Consent (RCC 595) relates). The access to the site has also been surfaced. The following conditions would therefore apply: Conditions 1. No development works shall commence on the dwelling house until a detailed drawing (scale 1:200) has been submitted to and approved in writing by the Council, as Planning Authority in consultation with the Roads Authority confirming the provision of, or location where a future Electric Vehicle (EV) charging unit is to be connected to an appropriate electricity supply, including details (written proposals and plans) to confirm the provision of the necessary cabling, ducting, and consumer units capable of supporting the future charging unit; and thereafter the EV charging infrastructure shall be provided in accordance with the approved drawing and details prior to the first occupation of the dwelling house. Reason: In the interests of an acceptable form of development and the provision of infrastructure to support the use of low carbon transport, through the provision of details currently lacking. 2. No water shall be permitted to drain or loose material be carried onto the public carriageway. Reason: To ensure the safety and free flow of traffic on the public road and access to the site by minimising the road safety impact from extraneous material and surface water in the vicinity of the new access. Page 61
Page 64
3. A visibility splay 2.4 metres by 120 metres to the north-west shall be provided at the access onto the public road, and maintained thereafter at all times free from any obstruction greater than 0.6m in height measured from the level of the carriageway. Reason: To enable drivers of vehicles leaving the site to have a clear view over a length of road sufficient to allow safe exit, in the interests of road safety for the proposed development and other road users. 4. Three car parking spaces shall be provided within the site prior to the occupation or completion of the dwelling house, whichever is the sooner. The parking spaces shall thereafter be retained throughout the lifetime of the development, unless otherwise agreed in writing with the Council as Planning Authority. Reason: To ensure the permanent availability of the level of parking necessary for residents/visitors/others in the interests of an acceptable development and road safety. Further comment(s) to be passed to applicant Planning consent does not carry with it the right to carry out works within the public road boundary. The provision of Electric Vehicle (EV) chargers and/or associated infrastructure shall be provided in accordance with Moray Council guidelines. Cabling between charging units and parking spaces must not cross or obstruct the public road including footways. Infrastructure provided to enable EV charging must be retained for this purpose for the lifetime of the development unless otherwise agreed in writing by the Planning Authority. Guidance on Electric Vehicle (EV) Charging requirements can be found at: http://www.moray.gov.uk/downloads/file134860.pdf Public utility apparatus may be affected by this proposal. Contact the appropriate utility service in respect of any necessary utility service alterations which have to be carried out at the expense of the developer. No building materials/scaffolding/builder’s skip shall obstruct the public road (including footpaths) without permission from the Roads Authority. The applicant shall free and relieve the Roads Authority from any claims arising out of their operations on the road or extension to the road. Contact: AG Date 13 September 2022 email address: Transport.develop@moray.gov.uk Consultee: TRANSPORTATION Return response to consultation.planning@moray.gov.uk Please note that information about the application including consultation responses and representations (whether in support or objection) received on the proposal will be published on the Council’s website at http://public.moray.gov.uk/eplanning/ (You can also use this site to track progress of the application and view details of any consultation responses and representations (whether in support or objection) received on the proposal). In order to comply with the Data Protection Act, personal information including signatures, personal telephone and email details will be removed prior to publication using “redaction” software to avoid (or mask) the display of such information. Where appropriate other “sensitive” information within documents will also be removed prior to publication online. Page 62
Page 65
Consultation Request Notification - Private Water Supplies Planning Authority Name Moray Council Response Date 20th September 2022 Planning Authority Reference 22/01292/APP Nature of Proposal (Description) Erect dwellinghouse on Site Plot 3 Minduff Drybridge Buckie Moray Site Postcode N/A Site Gazetteer UPRN 000133059924 Proposal Location Easting 343431 Proposal Location Northing 860397 Area of application site (M2) 4381 Additional Comments Development Hierarchy Level LOCAL Supporting Documentation URL https://publicaccess.moray.gov.uk/eplanning/ce ntralDistribution.do?caseType=Application&ke yVal=RHKJDOBGI6F00 Previous Application 12/02050/APP 21/01560/APP Date of Consultation 6th September 2022 Is this a re-consultation of an existing application? Yes Applicant Name Mr Timothy Wright Applicant Organisation Name Applicant Address 23 Cameron Crescent Buckie Moray AB56 1AG Agent Name Christopher Bremner Agent Organisation Name Agent Address Minduff Drybridge Buckie Moray AB56 5LB Agent Phone Number Telephone : 07876758717 Agent Email Address N/A Case Officer Iain T Drummond Page 63
Page 66
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. 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 64
Page 67
MORAY COUNCIL PLANNING CONSULTATION RESPONSE From: Environmental Health – Private Water Supplies Planning Application Ref. No: 22/01292/APP Erect dwellinghouse on Plot 3 Minduff Drybridge Buckie Moray for Mr Timothy Wright 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 HOLDING COMMENTS (d ) Further information in relation to the proposed private water supply has been requested from the applicant and the application should not be approved nor submitted to committee for determination until the final consultation response clearing the supply has been received from Environmental Health (Private Water Supplies) Reason(s) for objection To ensure that the development is served by an adequate and wholesome water supply. Condition(s) Prior to the occupation of the house hereby approved a scheme of effective treatment to the private water supply shall be fully installed and properly maintained for the lifetime of the development. The scheme must ensure that the water to the house would fully comply with the regulatory limits stated in The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 and should specifically include effective point of entry ultraviolet treatment, prefiltration, pH correction measures and iron/manganese treatment. Further comment(s) to be passed to applicant Contact: Adrian Muscutt Date…15/9/22……………………….. email address: Phone No ………………………….. Consultee: Environmental Health – Private Water Supplies Page 65
Page 68
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 66
Page 69
Page 67
Page 70
Consultee Comments for Planning Application 22/01292/APP Application Summary Application Number: 22/01292/APP Address: Plot 3 Minduff Drybridge Buckie Moray Proposal: Erect dwellinghouse on Case Officer: Iain T Drummond Consultee Details Name: Mr EH Consultations Address: Environmental Health, Council Offices, High Street Elgin, Moray IV30 1BX Email: Not Available On Behalf Of: Environmental Health C12 Comments Approved unconditionally Page 68
Page 71
Page 69
Page 72
REPORT OF HANDLING Ref No: 22/01292/APP Officer: Iain T Drummond Proposal Description/ Address Erect dwellinghouse on Plot 3 Minduff Drybridge Buckie Moray Date: 09.01.2023 Typist Initials: SS RECOMMENDATION Approve, without or with condition(s) listed below Y Refuse, subject to reason(s) listed below N 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 Planning And Development Obligations 09/09/22 No contributions sought due to extant consent on site. Moray Flood Risk Management 12/09/22 No objections Environmental Health Manager 12/09/22 No objections Contaminated Land 14/09/22 No objections Private Water Supplies 15/09/22 No objections subject to condition Transportation Manager 13/09/22 No objections subject to conditions and informatives. DEVELOPMENT PLAN POLICY Policies Dep Any Comments (or refer to Observations below) PP3 Infrastructure and Services N DP1 Development Principles N DP4 Rural Housing N EP2 Biodiversity N EP12 Management and Enhancement Water N EP13 Foul Drainage N EP14 Pollution Contamination Hazards N REPRESENTATIONS Representations Received NO Total number of representations received Page 70
Page 73
Page 2 of 4 Names/Addresses of parties submitting representations Summary and Assessment of main issues raised by representations Issue: Comments (PO): OBSERVATIONS – ASSESSMENT OF PROPOSAL Proposal & Site This application seeks to amend the design of the houses approved on site via applications 09/01922/APP and 12/02050/APP, both of which have had a lawful start to the consents in the form of the partial formation of access and therefore remain extant. The proposed house consists of a one and a half storey, T-shaped house with integral double garage. The proposed amended house design overlaps and largely sits on the same footprint as the previously consented houses on this site. This application seeks detailed planning permission for the amendment of the design previously approved on site from a larger one and a half storey house. Use of a private water supply is proposed with foul drainage disposed of via a treatment plant and soakaway and surface water disposed of via a separate soakaway. The temporary siting of a static caravan is also proposed throughout the duration of the construction of the dwellinghouse. 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 of the development (PP1, DP1 and DP2) The principle of erecting a house on this site has already been established via the approval of applications 09/01922/APP and 12/02050/APP and therefore what requires to be considered as part of this application is the amendments to the design and siting of the house. Design and amenity (PP1, DP1, DP4 and EP2) In terms of the amended house design, with the exception of the roof finish, the proposal is compliant with the design and material finish requirements of policy DP4. Where the applicants have specified the use of slate effect tiles, policy DP4 specifically stipulates the use of natural slate or corrugated roofing on houses in the countryside and precludes the use of concrete tiles and as such a condition has been attached to the consent to ensure the finish of the house is natural slate in line with policy requirements. Landscaping proposals are lacking from the scheme, however, a condition has been attached to ensure tree planting covering 15% of the site as required by policy is achieved. No tree removal is proposed as part of this application and in terms of biodiversity, the provision of planting across the site will ensure biodiversity levels within the plot are enhanced. The temporary siting of a static caravan throughout the duration of the construction of the house is also considered to be acceptable, subject to the condition as applied that the caravan is removed following the completion or occupation of the dwellinghouse. Overall the proposals are considered to be compliant with policies PP1, DP1, DP4 and EP2. Page 71
Page 74
Page 3 of 4 Drainage (EP12, EP13) Drainage information has been provided with the application and identifies the means of surface water disposal from the site. Moray Flood Risk Management have assessed this information and have no objections to the approval of the application. Environmental Health have also confirmed that the proposed private water supply is sufficient to serve the proposed house subject to condition as recommended and as such the proposal is considered to comply with policy EP12 and EP13. Access (DP1) Transportation have no objection to the approval of the application subject to conditions as recommended and as such the development complies with policy DP1 in this regard. Developer obligations and affordable housing (PP3 and DP2) Developer obligations have already been paid in relation to the extant consent on site and as such the proposals are compliant with policies PP3 and DP2. Conclusion and Recommendation Based on all of the above, taking into account comments received from consultees, this application is considered to comply with development plan policy and is therefore recommended for approval subject to conditions. REASON(S) FOR DECISION The Council's reason(s) for making this decision are:- The proposal complies with the provisions of the Moray Local Development Plan 2020 and there are no material considerations that indicate otherwise. OTHER MATERIAL CONSIDERATIONS TAKEN INTO ACCOUNT None. HISTORY Reference No. Description Erect house at Plot 3 Minduff Drybridge Buckie Moray 12/02050/APP Decision Permitted Date Of Decision 24/05/13 Erect dwellinghouse on Plot 3 Minduff Drybridge Buckie Moray 21/01560/APP Decision Refuse Date Of Decision 02/02/22 ADVERT Advert Fee paid? Yes Local Newspaper Reason for Advert Date of expiry Banffshire Advertiser and Herald No Premises 03/10/22 PINS No Premises 03/10/22 Page 72
Page 75
Page 4 of 4 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? YES Summary of main issues raised in each statement/assessment/report Document Name: Drainage assessment Main Issues: Outlines the drainage methodology for the site. . 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) Page 73
Page 76
Page 74
Page 77
(Page 2 of 9) Template:PEAPPZ Ref: 22/01292/APP IMPORTANT NOTE YOU ARE OBLIGED TO COMPLY WITH THESE CONDITIONS AND NOTES SCHEDULE OF CONDITIONS By this Notice the Moray Council has GRANTED PLANNING PERMISSION for this proposal subject to conditions as appropriate to ensure implementation of the proposal under the Town & Country Planning (Scotland) Act 1997, as amended. It is important that these conditions are adhered to and failure to comply may result in enforcement action being taken. CONDITION(S) Permission is granted subject to the following conditions: - 1 The development to which this permission relates must be begun not later than the expiration of 3 years beginning with the date on which the permission is granted. Reason: The time limit condition is imposed in order to comply with the requirements of section 58 of the Town and Country Planning (Scotland) Act 1997 as amended. 2 No development works shall commence on the dwelling house until a detailed drawing (scale 1:200) has been submitted to and approved in writing by the Council, as Planning Authority in consultation with the Roads Authority confirming the provision of, or location where a future Electric Vehicle (EV) charging unit is to be connected to an appropriate electricity supply, including details (written proposals and plans) to confirm the provision of the necessary cabling, ducting, and consumer units capable of supporting the future charging unit; and thereafter the EV charging infrastructure shall be provided in accordance with the approved drawing and details prior to the first occupation of the dwelling house. Reason: In the interests of an acceptable form of development and the provision of infrastructure to support the use of low carbon transport, through the provision of details currently lacking. 3 No water shall be permitted to drain or loose material be carried onto the public carriageway. Reason: To ensure the safety and free flow of traffic on the public road and access to the site by minimising the road safety impact from extraneous material and surface water in the vicinity of the new access. 4 A visibility splay 2.4 metres by 120 metres to the north-west shall be provided at the access onto the public road, and maintained thereafter at all times free from any obstruction greater than 0.6m in height measured from the level of the carriageway. Page 75
Page 78
(Page 3 of 9) Template:PEAPPZ Ref: 22/01292/APP Reason: To enable drivers of vehicles leaving the site to have a clear view over a length of road sufficient to allow safe exit, in the interests of road safety for the proposed development and other road users. 5 Three car parking spaces shall be provided within the site prior to the occupation or completion of the dwelling house, whichever is the sooner. The parking spaces shall thereafter be retained throughout the lifetime of the development, unless otherwise agreed in writing with the Council as Planning Authority. Reason: To ensure the permanent availability of the level of parking necessary for residents/visitors/others in the interests of an acceptable development and road safety. 6 Prior to the occupation of the house hereby approved a scheme of effective treatment to the private water supply shall be fully installed and properly maintained for the lifetime of the development. The scheme must ensure that the water to the house would fully comply with the regulatory limits stated in The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 and should specifically include effective point of entry ultraviolet treatment, prefiltration, pH correction measures and iron/manganese treatment. Reason: To ensure that the development is served by an adequate and wholesome water supply. 7 The paddock area associated with the plot as identified in the approved site plan, shall be only used as paddock land, and not for domestic garden purposes. Note. For the avoidance of doubt, the paddock does not have the benefit of permitted development rights under Article 2(4), Schedule, Part 1 Classes 3B (Building, engineering, installation or other operation within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse) of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, as amended by the Town & Country Planning (General Permitted Development) (Scotland) Amendment Order 2011 (or any Order revoking and re-enacting that Order(s) with or without modifications). Reason: To safeguard the rural character of the site and its surroundings, by mitigating against any domestic encroachment into adjoining farm/paddock land. 8 Unless otherwise agreed in writing with the Planning Authority, boundary enclosures surrounding the site hereby approved shall only comprise post and wire fencing or hedging made up of native species (birch, gean, hawthorn, scots pine, beech, oak, holly). In addition 15% of the plot must be landscaped with native tree species (whips and feathered trees at least 1.5 metres in height, planted at a density of 1 per 4 sqm). All planting, seeding or turfing shall be carried out in the first planting and seeding seasons following the commencement of development. Any trees or plants which within a period of five years from the completion of the Page 76
Page 79
(Page 4 of 9) Template:PEAPPZ Ref: 22/01292/APP development die, for whatever reason are removed or damaged shall be replaced in the next planting season with others of the same size and species. Reason: To ensure an acceptable scheme of landscaping to aid the integration of the house into the surrounding landscape and ensure the planting is timeously provided. 9 Notwithstanding the details shown on the approved plans, the roof of the dwellinghouse hereby approved shall be finished in natural slate. Reason: To ensure the highest standards of material finish are achieved for new housing in the countryside and that new housing is finished in a manner which reflects the traditional material finishes of houses in Moray. 10. The residential caravan hereby permitted is solely for the use of the applicant or developer for the duration of the construction works associated with the development hereby approved. Within 3 years from the date of this decision notice or within 2 months following the occupation or completion of the dwellinghouse, whichever is the sooner, the caravan shall be removed permanently from the site, along with all associated fixtures and fittings. Reason: To ensure the removal of the residential caravan from the site following the completion of the adjacent house, in the interests of minimising and removing the visual impact of the caravan. REASON(S) FOR DECISION The Council’s reason(s) for making this decision are:- The proposal complies with the provisions of the Moray Local Development Plan 2020 and there are no material considerations that indicate otherwise. LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT The following plans and drawings form part of the decision:- Reference Version Title 20-121-PL02 Site sections 20-121-PL03 Site plan 20-126-Pl04 Location plan 20-121-PL01 Elevations and floor plans IMPORTANT NOTES ABOUT THIS DECISION Page 77
Page 80
(Page 5 of 9) Template:PEAPPZ Ref: 22/01292/APP COMMENCEMENT AND COMPLETION OF THE DEVELOPMENT The following are statutory requirements of the Town & Country Planning (Scotland) Act 1997, as amended. Failure to meet their respective terms represents a breach of planning control and may result in formal enforcement action. Copies of the notices referred to below are attached to this permission for your use. NOTIFICATION OF INITIATION OF DEVELOPMENT S.27A of the 1997 Act, as amended requires that any person who has been granted planning permission (including planning permission in principle) and intends to start development must, as soon as practicable after deciding the date they will start work on the development, give notice to the planning authority of that date. This ensures that the planning authority is aware that the development is underway and can follow up on any suspensive conditions attached to the permission. Therefore, prior to any work commencing on site, the applicant/developer must complete and submit to the Moray Council, as planning authority, the attached Notification of Initiation of Development. NOTIFICATION OF COMPLETION OF DEVELOPMENT S.27B of the 1997 Act, as amended requires that any person who completes a development for which planning permission (including planning permission in principle) has been given must, as soon as practicable after doing so, give notice of completion to the planning authority. This will ensure that the planning authority is aware that the development is complete and can follow up any planning conditions. Therefore, on completion of the development or as soon as practicable after doing so, the applicant/developer must complete and submit to the Moray Council, as planning authority the attached Notification of Completion of Development. NOTIFICATION OF COMPLETION OF PHASED DEVELOPMENT Under S.27B(2) of the 1997 Act, as amended where permission is granted for phased development, the permission is subject to a condition (see Schedule of Conditions above) requiring the applicant/developer as soon as practicable after each phase to give notice of that completion to the planning authority. This will allow the planning authority to be aware that particular phase(s) of the development is/are complete. When the last phase is completed the applicant/developer must also complete and submit a Notification of Completion of Development. ADDITIONAL NOTES FOR INFORMATION OF THE APPLICANT The following notes are provided for your information including comments received from consultees:- THE TRANSPORTATION MANAGER, DIRECT SERVICES has commented that:- Planning consent does not carry with it the right to carry out works within the public road boundary. The provision of Electric Vehicle (EV) chargers and/or associated infrastructure Page 78
Page 81
(Page 6 of 9) Template:PEAPPZ Ref: 22/01292/APP shall be provided in accordance with Moray Council guidelines. Cabling between charging units and parking spaces must not cross or obstruct the public road including footways. Infrastructure provided to enable EV charging must be retained for this purpose for the lifetime of the development unless otherwise agreed in writing by the Planning Authority. Guidance on Electric Vehicle (EV) Charging requirements can be found at: http://www.moray.gov.uk/downloads/file134860.pdf Public utility apparatus may be affected by this proposal. Contact the appropriate utility service in respect of any necessary utility service alterations which have to be carried out at the expense of the developer. No building materials/scaffolding/builder's skip shall obstruct the public road (including footpaths) without permission from the Roads Authority. The applicant shall free and relieve the Roads Authority from any claims arising out of their operations on the road or extension to the road. DETAILS OF ANY VARIATION MADE TO ORIGINAL PROPOSAL, AS AGREED WITH APPLICANT (S.32A of 1997 ACT) None DETAILS WHERE DIFFERENT TIME-PERIOD(S) FOR DURATION OF PLANNING PERMISSION IMPOSED (S.58/59 of 1997 ACT) None TERMS OF S.75 AGREEMENT RELATING TO THIS APPLICATION The terms, or summary of terms of the Agreement can be inspected at:- None 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, The 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 Page 79
Page 82
(Page 7 of 9) Template:PEAPPZ Ref: 22/01292/APP 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. Page 80
Page 83
APPENDIX 2 NOTICE OF REVIEW, GROUNDS FOR REVIEW & SUPPORTING DOCUMENTS Page 81
Page 84
Page 82
Page 85
Page 1 of 5 The Moray Council Council Office High Street Elgin IV30 1BX Tel: 0300 1234561 Email: development.control@moray.gov.uk Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid. Thank you for completing this application form: ONLINE REFERENCE 100475230-006 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 Christopher Bremner Drybridge Minduff 07876758717 AB56 5LB Scotland Buckie christopher.bremner@hotmail.com Page 83
Page 86
Page 2 of 5 Applicant Details Please enter Applicant details Title: You must enter a Building Name or Number, or both: * Other Title: Building Name: First Name: * Building Number: Address 1 Last Name: * (Street): * Company/Organisation Address 2: Telephone Number: * Town/City: * Extension Number: Country: * Mobile Number: Postcode: * Fax Number: Email Address: * Site Address Details Planning Authority: Full postal address of the site (including postcode where available): Address 1: Address 2: Address 3: Address 4: Address 5: Town/City/Settlement: Post Code: Please identify/describe the location of the site or sites Northing Easting Mr T Moray Council Wright Cameron Crescent 23 AB56 1AG Plot 3 Minduff Scotland 860411 Buckie 343427 christopher.bremner@hotmail.com Page 84
Page 87
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) Erect dwellinghouse on Plot 3 Minduff Drybridge Buckie Moray Review of condition 9 to allow tile roof finish. Page 85
Page 88
Page 4 of 5 Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters) Application Details Please provide the application reference no. given to you by your planning authority for your previous application. What date was the application submitted to the planning authority? * What date was the decision issued by the planning authority? * Review Procedure The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case. Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other parties only, without any further procedures? For example, written submission, hearing session, site inspection. * Yes No In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion: Can the site be clearly seen from a road or public land? * Yes No Is it possible for the site to be accessed safely and without barriers to entry? * Yes No Checklist – Application for Notice of Review Please complete the following checklist to make sure you have provided all the necessary information in support of your appeal. Failure to submit all this information may result in your appeal being deemed invalid. Have you provided the name and address of the applicant?. * Yes No Have you provided the date and reference number of the application which is the subject of this Yes No review? * If you are the agent, acting on behalf of the applicant, have you provided details of your name Yes No N/A and address and indicated whether any notice or correspondence required in connection with the review should be sent to you or the applicant? * Have you provided a statement setting out your reasons for requiring a review and by what Yes No procedure (or combination of procedures) you wish the review to be conducted? * Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review. Please attach a copy of all documents, material and evidence which you intend to rely on Yes No (e.g. plans and Drawings) which are now the subject of this review * Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice (if any) from the earlier consent. Approved documents - Site plan, site sections, location plan, floor plans & elevations. Report of Handing Planning decision 22/01292/APP 16/01/2023 02/09/2022 Page 86
Page 89
Page 5 of 5 Declare – Notice of Review I/We the applicant/agent certify that this is an application for review on the grounds stated. Declaration Name: Mr Christopher Bremner Declaration Date: 12/04/2023 Page 87
Page 90
Page 88
Page 91
1 Christopher Bremner Minduff ▪ Drybridge ▪ Buckie ▪ Moray ▪ AB56 5LB ▪ email: Christopher.bremner@hotmail.com ▪ mobile: 07876758717 Plot 3 Minduff, Drybridge, AB56 5LB 22/01292/APP We wish to appeal condition 9 on as detailed below. 9. Notwithstanding the details shown on the approved plans, the roof of the dwellinghouse hereby approved shall be finished in natural slate. Reason: To ensure the highest standards of material finish are achieved for new housing in the countryside and that new housing is finished in a manner which reflects the traditional material finishes of houses in Moray. A slate roof would not be in keeping with the immediately adjacent plot 2 and plot 5 which can be seen in the background. Plot 2 - 18/00446/APP - Completed 30/03/2021 Plot 5 - 15/01553/APP – Completed 23/06/2022 Both of these properties were approved and recently completed with Rathmore roof tiles. The Rathmore is a flat concrete interlocking tile with a smooth finish, its thin leading edge and hidden interlocking features provides a slate like appearance. Plot 1 is also about to commence on site and has a live consent with a condition to use artificial Slate. 09/01922/APP. Page 89
Page 92
2 This OS plan shows all the properties on this stretch of road and ones visible from the site. There aren't many with slate roofs. 1. Plot 1 Minduff – Approved Planning permission 2. Plot 2 Minduff – Recently completed with Quinn Rathmore roof tiles 3. Plot 5 Minduff - Recently completed with Quinn Rathmore roof tiles 4. Plot 4 Minduff – Approved Planning permission 5. Hillpark – Tiles 6. Mandara – Red tiles 7. Kingswood – Tiles 8. Backstripes – Tiles 9. Slack of Bait – Tiles 10. Bramble cottage – Tiles 11. Glenshee – Tiles 12. Whitegate – Tiles 13. Whitegate lodge – Tiles 14. Little Thorneybank – Tiles 15. Greenbank – Massive shed with profile cladding that can be seen for miles. 16. Newton – Old stone house with slate roof 17. Hillfolds – Old stone house with slate roof 18. Parkhill – Old stone house with slate roof We could understand having to comply with the slate roof policy if this was a new site on its own with no historic consent, but this is not the case with this application. We therefore would like the condition to use Slates removed from this consent. Page 90
Page 93
REPORT OF HANDLING Ref No: 22/01292/APP Officer: Iain T Drummond Proposal Description/ Address Erect dwellinghouse on Plot 3 Minduff Drybridge Buckie Moray Date: 09.01.2023 Typist Initials: SS RECOMMENDATION Approve, without or with condition(s) listed below Y Refuse, subject to reason(s) listed below N 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 Planning And Development Obligations 09/09/22 No contributions sought due to extant consent on site. Moray Flood Risk Management 12/09/22 No objections Environmental Health Manager 12/09/22 No objections Contaminated Land 14/09/22 No objections Private Water Supplies 15/09/22 No objections subject to condition Transportation Manager 13/09/22 No objections subject to conditions and informatives. DEVELOPMENT PLAN POLICY Policies Dep Any Comments (or refer to Observations below) PP3 Infrastructure and Services N DP1 Development Principles N DP4 Rural Housing N EP2 Biodiversity N EP12 Management and Enhancement Water N EP13 Foul Drainage N EP14 Pollution Contamination Hazards N REPRESENTATIONS Representations Received NO Total number of representations received Page 91
Page 94
Page 2 of 4 Names/Addresses of parties submitting representations Summary and Assessment of main issues raised by representations Issue: Comments (PO): OBSERVATIONS – ASSESSMENT OF PROPOSAL Proposal & Site This application seeks to amend the design of the houses approved on site via applications 09/01922/APP and 12/02050/APP, both of which have had a lawful start to the consents in the form of the partial formation of access and therefore remain extant. The proposed house consists of a one and a half storey, T-shaped house with integral double garage. The proposed amended house design overlaps and largely sits on the same footprint as the previously consented houses on this site. This application seeks detailed planning permission for the amendment of the design previously approved on site from a larger one and a half storey house. Use of a private water supply is proposed with foul drainage disposed of via a treatment plant and soakaway and surface water disposed of via a separate soakaway. The temporary siting of a static caravan is also proposed throughout the duration of the construction of the dwellinghouse. 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 of the development (PP1, DP1 and DP2) The principle of erecting a house on this site has already been established via the approval of applications 09/01922/APP and 12/02050/APP and therefore what requires to be considered as part of this application is the amendments to the design and siting of the house. Design and amenity (PP1, DP1, DP4 and EP2) In terms of the amended house design, with the exception of the roof finish, the proposal is compliant with the design and material finish requirements of policy DP4. Where the applicants have specified the use of slate effect tiles, policy DP4 specifically stipulates the use of natural slate or corrugated roofing on houses in the countryside and precludes the use of concrete tiles and as such a condition has been attached to the consent to ensure the finish of the house is natural slate in line with policy requirements. Landscaping proposals are lacking from the scheme, however, a condition has been attached to ensure tree planting covering 15% of the site as required by policy is achieved. No tree removal is proposed as part of this application and in terms of biodiversity, the provision of planting across the site will ensure biodiversity levels within the plot are enhanced. The temporary siting of a static caravan throughout the duration of the construction of the house is also considered to be acceptable, subject to the condition as applied that the caravan is removed following the completion or occupation of the dwellinghouse. Overall the proposals are considered to be compliant with policies PP1, DP1, DP4 and EP2. Page 92
Page 95
Page 3 of 4 Drainage (EP12, EP13) Drainage information has been provided with the application and identifies the means of surface water disposal from the site. Moray Flood Risk Management have assessed this information and have no objections to the approval of the application. Environmental Health have also confirmed that the proposed private water supply is sufficient to serve the proposed house subject to condition as recommended and as such the proposal is considered to comply with policy EP12 and EP13. Access (DP1) Transportation have no objection to the approval of the application subject to conditions as recommended and as such the development complies with policy DP1 in this regard. Developer obligations and affordable housing (PP3 and DP2) Developer obligations have already been paid in relation to the extant consent on site and as such the proposals are compliant with policies PP3 and DP2. Conclusion and Recommendation Based on all of the above, taking into account comments received from consultees, this application is considered to comply with development plan policy and is therefore recommended for approval subject to conditions. REASON(S) FOR DECISION The Council's reason(s) for making this decision are:- The proposal complies with the provisions of the Moray Local Development Plan 2020 and there are no material considerations that indicate otherwise. OTHER MATERIAL CONSIDERATIONS TAKEN INTO ACCOUNT None. HISTORY Reference No. Description Erect house at Plot 3 Minduff Drybridge Buckie Moray 12/02050/APP Decision Permitted Date Of Decision 24/05/13 Erect dwellinghouse on Plot 3 Minduff Drybridge Buckie Moray 21/01560/APP Decision Refuse Date Of Decision 02/02/22 ADVERT Advert Fee paid? Yes Local Newspaper Reason for Advert Date of expiry Banffshire Advertiser and Herald No Premises 03/10/22 PINS No Premises 03/10/22 Page 93
Page 96
Page 4 of 4 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? YES Summary of main issues raised in each statement/assessment/report Document Name: Drainage assessment Main Issues: Outlines the drainage methodology for the site. . 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) Page 94
Page 97
(Page 1 of 9) Template:PEAPPZ Ref: 22/01292/APP [Fochabers Lhanbryde] Application for Planning Permission TO Mr Timothy Wright c/o Christopher Bremner Minduff Drybridge Buckie Moray AB56 5LB With reference to your application for planning permission under the above- mentioned Act as amended, Moray Council in exercise of its powers hereby GRANT planning permission for the following development:- Erect dwellinghouse on Plot 3 Minduff Drybridge Buckie Moray in accordance with the plan(s) docquetted as relative hereto and the particulars given in the application, and where appropriate, subject to the condition(s) and reason(s) as set out in the attached schedule. This permission does not carry with it any necessary consent or approval to the proposed development under the building regulations or other statutory enactments and the development should not be commenced until all consents have been obtained. Date of Notice: 16 January 2023 Head Economic Growth and Development Services Economy, Environment and Finance Moray Council Council Office High Street ELGIN Moray IV30 1BX MORAY COUNCIL TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997, as amended PERMISSION FOR DEVELOPMENT Page 95
Page 98
(Page 2 of 9) Template:PEAPPZ Ref: 22/01292/APP IMPORTANT NOTE YOU ARE OBLIGED TO COMPLY WITH THESE CONDITIONS AND NOTES SCHEDULE OF CONDITIONS By this Notice the Moray Council has GRANTED PLANNING PERMISSION for this proposal subject to conditions as appropriate to ensure implementation of the proposal under the Town & Country Planning (Scotland) Act 1997, as amended. It is important that these conditions are adhered to and failure to comply may result in enforcement action being taken. CONDITION(S) Permission is granted subject to the following conditions: - 1 The development to which this permission relates must be begun not later than the expiration of 3 years beginning with the date on which the permission is granted. Reason: The time limit condition is imposed in order to comply with the requirements of section 58 of the Town and Country Planning (Scotland) Act 1997 as amended. 2 No development works shall commence on the dwelling house until a detailed drawing (scale 1:200) has been submitted to and approved in writing by the Council, as Planning Authority in consultation with the Roads Authority confirming the provision of, or location where a future Electric Vehicle (EV) charging unit is to be connected to an appropriate electricity supply, including details (written proposals and plans) to confirm the provision of the necessary cabling, ducting, and consumer units capable of supporting the future charging unit; and thereafter the EV charging infrastructure shall be provided in accordance with the approved drawing and details prior to the first occupation of the dwelling house. Reason: In the interests of an acceptable form of development and the provision of infrastructure to support the use of low carbon transport, through the provision of details currently lacking. 3 No water shall be permitted to drain or loose material be carried onto the public carriageway. Reason: To ensure the safety and free flow of traffic on the public road and access to the site by minimising the road safety impact from extraneous material and surface water in the vicinity of the new access. 4 A visibility splay 2.4 metres by 120 metres to the north-west shall be provided at the access onto the public road, and maintained thereafter at all times free from any obstruction greater than 0.6m in height measured from the level of the carriageway. Page 96
Page 99
(Page 3 of 9) Template:PEAPPZ Ref: 22/01292/APP Reason: To enable drivers of vehicles leaving the site to have a clear view over a length of road sufficient to allow safe exit, in the interests of road safety for the proposed development and other road users. 5 Three car parking spaces shall be provided within the site prior to the occupation or completion of the dwelling house, whichever is the sooner. The parking spaces shall thereafter be retained throughout the lifetime of the development, unless otherwise agreed in writing with the Council as Planning Authority. Reason: To ensure the permanent availability of the level of parking necessary for residents/visitors/others in the interests of an acceptable development and road safety. 6 Prior to the occupation of the house hereby approved a scheme of effective treatment to the private water supply shall be fully installed and properly maintained for the lifetime of the development. The scheme must ensure that the water to the house would fully comply with the regulatory limits stated in The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 and should specifically include effective point of entry ultraviolet treatment, prefiltration, pH correction measures and iron/manganese treatment. Reason: To ensure that the development is served by an adequate and wholesome water supply. 7 The paddock area associated with the plot as identified in the approved site plan, shall be only used as paddock land, and not for domestic garden purposes. Note. For the avoidance of doubt, the paddock does not have the benefit of permitted development rights under Article 2(4), Schedule, Part 1 Classes 3B (Building, engineering, installation or other operation within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse) of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, as amended by the Town & Country Planning (General Permitted Development) (Scotland) Amendment Order 2011 (or any Order revoking and re-enacting that Order(s) with or without modifications). Reason: To safeguard the rural character of the site and its surroundings, by mitigating against any domestic encroachment into adjoining farm/paddock land. 8 Unless otherwise agreed in writing with the Planning Authority, boundary enclosures surrounding the site hereby approved shall only comprise post and wire fencing or hedging made up of native species (birch, gean, hawthorn, scots pine, beech, oak, holly). In addition 15% of the plot must be landscaped with native tree species (whips and feathered trees at least 1.5 metres in height, planted at a density of 1 per 4 sqm). All planting, seeding or turfing shall be carried out in the first planting and seeding seasons following the commencement of development. Any trees or plants which within a period of five years from the completion of the Page 97
Page 100
(Page 4 of 9) Template:PEAPPZ Ref: 22/01292/APP development die, for whatever reason are removed or damaged shall be replaced in the next planting season with others of the same size and species. Reason: To ensure an acceptable scheme of landscaping to aid the integration of the house into the surrounding landscape and ensure the planting is timeously provided. 9 Notwithstanding the details shown on the approved plans, the roof of the dwellinghouse hereby approved shall be finished in natural slate. Reason: To ensure the highest standards of material finish are achieved for new housing in the countryside and that new housing is finished in a manner which reflects the traditional material finishes of houses in Moray. 10. The residential caravan hereby permitted is solely for the use of the applicant or developer for the duration of the construction works associated with the development hereby approved. Within 3 years from the date of this decision notice or within 2 months following the occupation or completion of the dwellinghouse, whichever is the sooner, the caravan shall be removed permanently from the site, along with all associated fixtures and fittings. Reason: To ensure the removal of the residential caravan from the site following the completion of the adjacent house, in the interests of minimising and removing the visual impact of the caravan. REASON(S) FOR DECISION The Council’s reason(s) for making this decision are:- The proposal complies with the provisions of the Moray Local Development Plan 2020 and there are no material considerations that indicate otherwise. LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT The following plans and drawings form part of the decision:- Reference Version Title 20-121-PL02 Site sections 20-121-PL03 Site plan 20-126-Pl04 Location plan 20-121-PL01 Elevations and floor plans IMPORTANT NOTES ABOUT THIS DECISION Page 98
Page 101
(Page 5 of 9) Template:PEAPPZ Ref: 22/01292/APP COMMENCEMENT AND COMPLETION OF THE DEVELOPMENT The following are statutory requirements of the Town & Country Planning (Scotland) Act 1997, as amended. Failure to meet their respective terms represents a breach of planning control and may result in formal enforcement action. Copies of the notices referred to below are attached to this permission for your use. NOTIFICATION OF INITIATION OF DEVELOPMENT S.27A of the 1997 Act, as amended requires that any person who has been granted planning permission (including planning permission in principle) and intends to start development must, as soon as practicable after deciding the date they will start work on the development, give notice to the planning authority of that date. This ensures that the planning authority is aware that the development is underway and can follow up on any suspensive conditions attached to the permission. Therefore, prior to any work commencing on site, the applicant/developer must complete and submit to the Moray Council, as planning authority, the attached Notification of Initiation of Development. NOTIFICATION OF COMPLETION OF DEVELOPMENT S.27B of the 1997 Act, as amended requires that any person who completes a development for which planning permission (including planning permission in principle) has been given must, as soon as practicable after doing so, give notice of completion to the planning authority. This will ensure that the planning authority is aware that the development is complete and can follow up any planning conditions. Therefore, on completion of the development or as soon as practicable after doing so, the applicant/developer must complete and submit to the Moray Council, as planning authority the attached Notification of Completion of Development. NOTIFICATION OF COMPLETION OF PHASED DEVELOPMENT Under S.27B(2) of the 1997 Act, as amended where permission is granted for phased development, the permission is subject to a condition (see Schedule of Conditions above) requiring the applicant/developer as soon as practicable after each phase to give notice of that completion to the planning authority. This will allow the planning authority to be aware that particular phase(s) of the development is/are complete. When the last phase is completed the applicant/developer must also complete and submit a Notification of Completion of Development. ADDITIONAL NOTES FOR INFORMATION OF THE APPLICANT The following notes are provided for your information including comments received from consultees:- THE TRANSPORTATION MANAGER, DIRECT SERVICES has commented that:- Planning consent does not carry with it the right to carry out works within the public road boundary. The provision of Electric Vehicle (EV) chargers and/or associated infrastructure Page 99
Page 102
(Page 6 of 9) Template:PEAPPZ Ref: 22/01292/APP shall be provided in accordance with Moray Council guidelines. Cabling between charging units and parking spaces must not cross or obstruct the public road including footways. Infrastructure provided to enable EV charging must be retained for this purpose for the lifetime of the development unless otherwise agreed in writing by the Planning Authority. Guidance on Electric Vehicle (EV) Charging requirements can be found at: http://www.moray.gov.uk/downloads/file134860.pdf Public utility apparatus may be affected by this proposal. Contact the appropriate utility service in respect of any necessary utility service alterations which have to be carried out at the expense of the developer. No building materials/scaffolding/builder's skip shall obstruct the public road (including footpaths) without permission from the Roads Authority. The applicant shall free and relieve the Roads Authority from any claims arising out of their operations on the road or extension to the road. DETAILS OF ANY VARIATION MADE TO ORIGINAL PROPOSAL, AS AGREED WITH APPLICANT (S.32A of 1997 ACT) None DETAILS WHERE DIFFERENT TIME-PERIOD(S) FOR DURATION OF PLANNING PERMISSION IMPOSED (S.58/59 of 1997 ACT) None TERMS OF S.75 AGREEMENT RELATING TO THIS APPLICATION The terms, or summary of terms of the Agreement can be inspected at:- None 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, The 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 Page 100
Page 103
(Page 7 of 9) Template:PEAPPZ Ref: 22/01292/APP 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. Page 101
Page 104
(Page 8 of 9) Template:PEAPPZ Ref: 22/01292/APP MORAY COUNCIL NOTIFICATION OF INITIATION OF DEVELOPMENT Section 27A Town and Country Planning (Scotland) Act 1997 Application Number 22/01292/APP Date Decision Issued Location and Description of Development Erect dwellinghouse on Plot 3 Minduff Drybridge Buckie Moray Please note that all suspensive conditions must be discharged prior to commencement of development Date works are to Commence Name, Address and contact details of developer The Full name and Address and contact details of the landowner, if a different person Where an agent is appointed, their full name and contact details Signed Name (Print) Date Please complete and return this form to: Development Management & Building Standards Manager, Moray Council, PO Box 6760, Elgin, Moray, IV30 1BX OR E-mail: development.control@moray.gov.uk Page 102
Page 105
(Page 9 of 9) Template:PEAPPZ Ref: 22/01292/APP MORAY COUNCIL NOTIFICATION OF COMPLETION OF DEVELOPMENT Section 27A Town and Country Planning (Scotland) Act 1997 Application Number 22/01292/APP Date Decision Issued Location and Description of Development Erect dwellinghouse on Plot 3 Minduff Drybridge Buckie Moray Date of completion of works Name, Address and contact details of developer The Full name and Address and contact details of the landowner, if a different person Where an agent is appointed, their full name and contact details Signed Name (Print) Date Please complete and return this form to: Development Management & Building Standards Manager, Moray Council, PO Box 6760, Elgin, Moray IV30 1BX E-mail: development.control@moray.gov.uk Page 103
Page 106
Page 104
Page 107
Page 105
Page 108
Page 106
Page 109
Page 107
Page 110
Page 108
Page 111
MORAY LOCAL REVIEW BODY 16 MAY 2023 SUMMARY OF INFORMATION FOR CASE No LR288 Ward 7 – Elgin City South Planning Application 22/01451/APP – Retrospective permission for boundary fence at 94 Springfield Road, Elgin Planning permission was refused under the Statutory Scheme of Delegation by the Appointed Officer on 12 January 2023 on the grounds that: 1. The high level boundary fence is out of keeping with the established open aspect character of the existing site and neighbouring housing and would therefore fail to comply with Policy DP1 (i) (a). 2. The high level fencing would partially enclose an area of open space to the rear of the property which requires natural surveillance in order to reduce crime and would therefore fail to comply with policy PP1 (ii). 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. At the meeting of the Moray Local Review Body (MLRB) on 16 February 2023, the MLRB noted that National Planning Framework 4 (NPF4) had been adopted by the Council on Monday 13 February 2023 and that all planning applications determined beyond this date would have to take NPF4 into consideration, as this is now part of the MLDP 2020 and deferred consideration of the above Review to request further information from the Appointed Officer and Interested Parties after considering the planning application in light of NPF4 with any response received being forwarded to the Applicant for comment. The Appointed Officer’s response is attached as Appendix 5. There was no response from the Applicant or any of the Interested Parties. Item 5 Page 109
Page 112
Page 110
Page 113
6 to 12 El 30 to 38 to 44 22 to 28 Path (um) SPRINGFIELD ROAD KIRKTON PLACE Mast HELDON PLACE 1 3 45 21 71 46 50 19 8 67 13 28 65 48 11 35 27 6 20 86 52 94 74 26 10 16 15 34 22 102 84 23 29 106 17 2 24 55 4 7 5 51 62 49 54 92 43 25 98 PLACE MANNOCH COURT 4 1 2 8 13 13 4 11 11 1 19 1 16 2 8 46 10 1365 1 21 2 2 Location plan for Planning Application Reference Number : 22/01451/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 111
Page 114
Page 112
Page 115
APPENDIX 1 DOCUMENTS CONSIDERED OR PREPARED BY THE APPOINTED OFFICER Page 113
Page 116
Page 114
Page 117
Page 1 of 5 The Moray Council Council Office High Street Elgin IV30 1BX Tel: 0300 1234561 Email: development.control@moray.gov.uk Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid. Thank you for completing this application form: ONLINE REFERENCE 100602338-001 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 Retrospective planning for boundary fence with amended drawings to the requirements of the transport managers comments in previous application Page 115
Page 118
Page 2 of 5 Applicant Details Please enter Applicant details Title: You must enter a Building Name or Number, or both: * Other Title: Building Name: First Name: * Building Number: Address 1 Last Name: * (Street): * Company/Organisation Address 2: Telephone Number: * Town/City: * Extension Number: Country: * Mobile Number: Postcode: * Fax Number: Email Address: * Site Address Details Planning Authority: Full postal address of the site (including postcode where available): Address 1: Address 2: Address 3: Address 4: Address 5: Town/City/Settlement: Post Code: Please identify/describe the location of the site or sites Northing Easting Mr 94 SPRINGFIELD ROAD Michael Moray Council Barron Springfield road 94 ELGIN IV30 6YU Iv306yu Scotland 861385 Elgin 321513 Page 116
Page 119
Page 3 of 5 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. 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 information on applying for permission with updated drawings of previous application Mr Andrew Miller 17/01/2022 Page 117
Page 120
Page 4 of 5 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: Mr Michael Barron On behalf of: Date: 05/10/2022 Please tick here to certify this Certificate. * 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 Page 118
Page 121
Page 5 of 5 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 Michael Barron Declaration Date: 05/10/2022 Page 119
Page 122
Page 120
Page 123
S P R IN G F IE L D R O A D 16 2 94 86 98 92 0 50 10 El Sub Sta M A N N O C H C O U R T H E L D O N P L A C E S P R IN G F IE L D R O A D 10 102 1062 1621 13 2 8 1113 10 23 Play Area H E L D O N P L A C E K IR K T O N P L A C E PH 1 24 2 8 4 94 86 74 98 92 84 25 27 13 19 15 0 100 20 50 Drawing No. 1 SITE PLAN 1-500 Site Area - 300m 2 (outlined in Red) LOCATION PLAN 1-1250 Retrospective Planning Application, Fence Erected to side of House, 94 Springfield Road, Elgin, IV30 6YU. Mr M. Barron New fence - 100mm wide x 20mm thick fencing boards with 20mm gaps between boards. Colour - dark brown Fence kept clear of visibility splays. 900mm high 900mm high ELEVATION FROM SPRINGFIELD ROAD 1-100 Site area outlined in red new fence shown in green 2.4x5.0m visibility splays noted in blue fence line behind visibility splay fence height to be 900m m at visibility splay Rev A - Fence line at RHS am ended, Fence height at LHS lowered. Jan '22 Page 121
Page 124
Page 122
Page 125
S P R IN G F IE L D R O A D 16 2 94 86 98 92 0 50 10 El Sub Sta M A N N O C H C O U R T H E L D O N P L A C E S P R IN G F IE L D R O A D 10 102 1062 1621 13 2 8 1113 10 23 Play Area H E L D O N P L A C E K IR K T O N P L A C E PH 1 24 2 8 4 94 86 74 98 92 84 25 27 13 19 15 0 100 20 50 Drawing No. 1 SITE PLAN 1-500 Site Area - 300m 2 (outlined in Red) LOCATION PLAN 1-1250 Retrospective Planning Application, Fence Erected to side of House, 94 Springfield Road, Elgin, IV30 6YU. Mr M. Barron New fence - 100mm wide x 20mm thick fencing boards with 20mm gaps between boards. Colour - dark brown Fence kept clear of visibility splays. 900mm high 900mm high ELEVATION FROM SPRINGFIELD ROAD 1-100 Site area outlined in red new fence shown in green 2.4x5.0m visibility splays noted in blue fence line behind visibility splay fence height to be 900m m at visibility splay Rev A - Fence line at RHS am ended, Fence height at LHS lowered. Jan '22 Page 123
Page 126
Page 124
Page 127
My partner and I moved into our property on June 4th 2017. We decided in march 2018 to replace the existing 1.2 meter high boundary fence with a 1.8 meter high fence to the rear. This was due to several concerning issues. School kids littering our garden, throwing items of food at our dog and in some cases opening the gateand letting him out,this resulted in us not being able to let him into the garden during school hours when the school kids were out. The head teacher was contacted by myself on a number of occasions and is happy to be contacted with regards to the issues we discussed. Items from our garden such as plants and garden ornamentsaswell as our garden benchgoing missing which lead to us installing CCTV directed at the front and rear of the property. We also had many issues with people leaving the local pub and entering our garden aswell as the garden of the property to the front of our house, to relieve themselves. By replacing the 1.2 meter boundary fence with a 1.8 meter high boundary fence this provided us with the much needed privacy and also a safe and secure environment for our nephew, dog and future children of our own. At the time of doing so we were unaware of the need for planning permission as the fence height of 1.8 meters is the same scale as properties across the road from us and in the surrounding area local to us and around Elgin as a whole. Included inthis applicationis a revised drawing of the fence, we have addressed the points set out by the transportation manager, who in their reportin our previous applicationacknowledgedthe need for privacy due to the high number of pedestrian and vehicle movement in the area. On receiving letters of notification of ourpreviousplanning application a number of our neighbors came to us with concerns as to what was going on, being aware of the difficulties we occurred four years ago. We also recently had a school kid enter our driveway, walk up to our door and get his friend to film him for a tik-tok video heavily kicking our front door whilst we were at work. We were alerted to this by our ring doorbell and was recorded on our front of house CCTV. None of these details about the issues we were having werenoted in our initial planning application as our architect submitted the application without knowing the details. We are expecting our first child in januaryand we fear the removal of thefencewould leave us with an unsafe garden to bring our child up inaswell as havingamajor affect on our nephews routine asthiswould involve him not being able to play in the gardenaswel as our previous problems returning. Page 125
Page 128
Page 126
Page 129
S P R IN G F IE L D R O A D 16 2 94 86 98 92 0 50 10 El Sub Sta M A N N O C H C O U R T H E L D O N P L A C E S P R IN G F IE L D R O A D 10 102 1062 1621 13 2 8 1113 10 23 Play Area H E L D O N P L A C E K IR K T O N P L A C E PH 1 24 2 8 4 94 86 74 98 92 84 25 27 13 19 15 0 100 20 50 Drawing No. 1 SITE PLAN 1-500 Site Area - 300m 2 (outlined in Red) LOCATION PLAN 1-1250 Retrospective Planning Application, Fence Erected to side of House, 94 Springfield Road, Elgin, IV30 6YU. Mr M. Barron 1820mm high New fence - 100mm wide x 20mm thick fencing boards with 20mm gaps between boards. Colour - dark brown 1200mm high ELEVATION FROM SPRINGFIELD ROAD 1-100 Site area outlined in red new fence shown in green Page 127
Page 130
Page 128
Page 131
Consultation Request Notification Planning Authority Name Moray Council Response Date 21st October 2022 Planning Authority Reference 22/01451/APP Nature of Proposal (Description) Retrospective planning for boundary fence at Site 94 Springfield Road Elgin Moray IV30 6YU Site Postcode N/A Site Gazetteer UPRN 000133029398 Proposal Location Easting 321513 Proposal Location Northing 861385 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=RJBI0TBGIY000 Previous Application 21/01030/APP Date of Consultation 7th October 2022 Is this a re-consultation of an existing application? No Applicant Name Mr Michael Barron Applicant Organisation Name Applicant Address 94 Springfield road Elgin Scotland Iv306yu Agent Name Agent Organisation Name Agent Address Agent Phone Number Agent Email Address N/A Case Officer Sheila Bernard Case Officer Phone number Case Officer email address sheila.bernard@moray.gov.uk PA Response To consultation.planning@moray.gov.uk 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 Page 129
Page 132
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 130
Page 133
MORAY COUNCIL PLANNING CONSULTATION RESPONSE From: Transportation Manager Planning Application Ref. No: 22/01451/APP Retrospective planning for boundary fence at 94 Springfield Road Elgin Moray IV30 6YU for Mr Michael Barron 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 relates to a previous retrospective planning application for the erection of a high boundary fence (21/01030/APP), and is effectively to now alter the erected boundaries in order to accommodate suitable pedestrian and vehicular visibility splays. The submitted proposals show the lowering of the existing boundary fence adjacent to the vehicular access and adjacent to the existing remote footpath along the south east corner of the site; along with the setting back of the existing boundary fence located along the south west corner of the site; and thereby effectively re-instating the (key) visibility splays which were previously available prior to the high boundary being erected Transportation therefore has no objections to the proposed alterations. Condition(s) 1. Within three months of the date of this decision notice the sections of the existing high boundary fence shall be set back/ reduced in height in accordance with submitted drawing number 1 Revision A. Reason: To ensure acceptable development in the interests of road safety. Further comment(s) to be passed to applicant Planning consent does not carry with it the right to carry out works within the public road boundary. No building materials/scaffolding/builder’s skip shall obstruct the public road (including footpaths) without permission from the Roads Authority. Page 131
Page 134
Contact: AG Date 25 October 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. Page 132
Page 135
REPORT OF HANDLING Ref No: 22/01451/APP Officer: Fiona Olsen Proposal Description/ Address Retrospective permission for boundary fence at 94 Springfield Road Elgin Moray IV30 6YU Date: 06.01.2023 Typist Initials: SS RECOMMENDATION Approve, without or with condition(s) listed below Refuse, subject to reason(s) listed below Y Legal Agreement required e.g. S,75 Notification to Scottish Ministers/Historic Scotland Hearing requirements Departure Pre-determination CONSULTATIONS Consultee Date Returned Summary of Response Transportation Manager 25/10/22 No Objections subject to a condition DEVELOPMENT PLAN POLICY Policies Dep Any Comments (or refer to Observations below) PP1 Placemaking Y See below DP1 Development Principles Y See below REPRESENTATIONS Representations Received NO Total number of representations received Names/Addresses of parties submitting representations Summary and Assessment of main issues raised by representations Issue: Comments (PO): OBSERVATIONS – ASSESSMENT OF PROPOSAL 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: Page 133
Page 136
Page 2 of 4 Proposal The application seeks retrospective planning permission for a boundary fence which encloses an existing domestic garden. The existing fence measures approx. 1.82m to the rear and side boundaries. The fence slopes down to a height of approx. 1.2m to the front boundary and is constructed in timber, stained in a dark brown. The application proposes to reduce the height of the fence on part of the side boundary to 1.2m in order to ensure an appropriate pedestrian visibility splay is achieved at the property access. Site The site is located at 92 Springfield Road, New Elgin, Elgin and is an existing semi-detached property with gable end facing onto Springfield Road. The house fronts to a footpath to the west, with houses either side of the path. To the rear, the house backs on to a path and area of open space. Site History A previous application was submitted for retrospective permission for the fence in 2021 (21/01030/APP refers) and was subsequently refused. These proposals are slightly altered from the previous application in that the fence is proposed to be lowered at the eastern end of the side boundary to approx. 1.2m in height in order to provide a pedestrian visibility splay. These alterations to the fence height have not yet been undertaken. Policy Assessment Siting and Design (MLDP 2020 Policies DP1 & PP3) This application is assessed against policies DP1 and PP3 of the Moray Local Development plan 2020. 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 PP1 requires that developments are designed to prevent crime, fear of crime and anti-social behaviour with good levels of natural surveillance and security using treatments such as low boundary walls. It also states that unbroken high boundary treatments such as wooden fencing and blank gables onto routes, open spaces and communal areas will not be acceptable. The application seeks to retrospective permission for a 1.82m metre fence (to the rear and side boundaries) and 1.2m fence (to the front boundary) at an existing dwellinghouse. Although it is proposed to reduce the fence in height partially on the side boundary (to approx. 1.2m), the majority of the side boundary and entirety of the rear boundary is proposed to be retained at approx 1.82m in height. The existing site and surrounding area are characterised by terraced or semi-detached dwellinghouses, set along an established building line in a uniform manner. These properties are enclosed by low rise boundary treatments, particularly where they bound pathways, which results in most housing having open aspect gardens (including to the side and rear boundaries). The high level boundary fence here (at approx. 1.82m) would fully enclose the side and rear garden in a manner not in keeping with the established open aspect character present along Springfield Road and surrounding streets. As a result, a high level boundary fence in this location would be out of keeping with the established character of low level boundary fencing in this area and would therefore be unacceptable in terms of policy DP1. An area of open space lies to the rear of the property, with a number of neighbouring properties forming pedestrian access onto this area. These properties form a 'U' shape and are all defined by low level boundary fencing. This open aspect ensures provision of natural surveillance to the area of open space which reduces crime. Again the high level side boundary fence faces onto a footpath, Page 134
Page 137
Page 3 of 4 running along the edge of Springfield Road. Therefore the proposal for a high level boundary fence in this location would not comply with policy PP1 which does not permit unbroken high level boundary enclosures where they face onto routes, open spaces and communal areas. Road Safety (DP1) Policy DP1 requires all development to provide a safe and suitable access to the road network. The submitted plans show the lowering of the existing boundary fence adjacent to the vehicular access and adjacent to the existing remote footpath along the south east corner of the site; along with the setting back of the existing boundary fence located along the south west corner of the site; and thereby effectively re-instating the (key) visibility splays which were previously available prior to the high boundary being erected. The Transportation Section have been consulted and are satisfied with the amendments to the boundary fence proposed and would have no objections, subject to a condition requiring the required sections of fence to be lowered and set back, in accordance with the submitted drawings, within three months of any decision date. This however would not overcome the aforementioned objections and the application will be refused. Conclusion The existing high level boundary fence is out of keeping with the established open aspect character of the existing site and neighbouring housing and would therefore fail to comply with Policy DP1 (i) (a). The high level fencing would also partially enclose an area of open space to the rear of the property which requires natural surveillance in order to reduce crime and would therefore fail to comply with policy PP1 (ii). OTHER MATERIAL CONSIDERATIONS TAKEN INTO ACCOUNT None. HISTORY Reference No. Description Retrospective application for fence erected to side of house at 94 Springfield Road Elgin Moray IV30 6YU 21/01030/APP Decision Refuse Date Of Decision 08/10/21 ADVERT Advert Fee paid? N/A Local Newspaper Reason for Advert Date of expiry DEVELOPER CONTRIBUTIONS (PGU) Status N/A Page 135
Page 138
Page 4 of 4 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: 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) Page 136
Page 139
Page 137
Page 140
(Page 2 of 3) Ref: 22/01451/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: - 1. The high level boundary fence is out of keeping with the established open aspect character of the existing site and neighbouring housing and would therefore fail to comply with Policy DP1 (i) (a). 2. The high level fencing would partially enclose an area of open space to the rear of the property which requires natural surveillance in order to reduce crime and would therefore fail to comply with policy PP1 (ii). LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT The following plans and drawings form part of the decision:- Reference Version Title Location Plan Elevations Page 138
Page 141
(Page 3 of 3) Ref: 22/01451/APP NOTICE OF APPEAL TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 If the applicant is aggrieved by the decision to refuse permission for or approval required by a condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant may require the planning authority to review the case under section 43A of the Town and Country Planning (Scotland) Act 1997 within three months from the date of this notice. The notice of review should be addressed to The Clerk, Moray Council Local Review Body, Legal and Committee Services, Council Offices, High Street, Elgin IV30 1BX. This form is also available and can be submitted online or downloaded from www.eplanning.scotland.gov.uk If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the owner of the land’s interest in the land in accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997. Page 139
Page 142
Page 140
Page 143
APPENDIX 2 NOTICE OF REVIEW, GROUNDS FOR REVIEW & SUPPORTING DOCUMENTS Page 141
Page 144
Page 142
Page 145
Page 1 of 4 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 100624748-001 The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application. Applicant or Agent Details Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting on behalf of the applicant in connection with this application) Applicant Agent Applicant Details Please enter Applicant details Title: You must enter a Building Name or Number, or both: * Other Title: Building Name: First Name: * Building Number: Address 1 Last Name: * (Street): * Company/Organisation Address 2: Telephone Number: * Town/City: * Extension Number: Country: * Mobile Number: Postcode: * Fax Number: Email Address: * Mr Michael Barron Springfield road 94 Iv306yu Scotland Elgin Page 143
Page 146
Page 2 of 4 Site Address Details Planning Authority: Full postal address of the site (including postcode where available): Address 1: Address 2: Address 3: Address 4: Address 5: Town/City/Settlement: Post Code: Please identify/describe the location of the site or sites Northing Easting Description of Proposal Please provide a description of your proposal to which your review relates. The description should be the same as given in the application form, or as amended with the agreement of the planning authority: * (Max 500 characters) Type of Application What type of application did you submit to the planning authority? * Application for planning permission (including householder application but excluding application to work minerals). Application for planning permission in principle. Further application. Application for approval of matters specified in conditions. 94 SPRINGFIELD ROAD retrospective planning for boundary fence 22/01451/APP Moray Council ELGIN IV30 6YU 861385 321513 Page 144
Page 147
Page 3 of 4 What does your review relate to? * Refusal Notice. Grant of permission with Conditions imposed. No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal. Statement of reasons for seeking review You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement must set out all matters you consider require to be taken into account in determining your review. If necessary this can be provided as a separate document in the ‘Supporting Documents’ section: * (Max 500 characters) Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce all of the information you want the decision-maker to take into account. You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that time or that it not being raised before that time is a consequence of exceptional circumstances. Have you raised any matters which were not before the appointed officer at the time the Yes No Determination on your application was made? * If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before your application was determined and why you consider it should be considered in your review: * (Max 500 characters) Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters) Application Details Please provide the application reference no. given to you by your planning authority for your previous application. What date was the application submitted to the planning authority? * What date was the decision issued by the planning authority? * reasons for seeking review are uploaded in supporting documents reasons for seeking review transport managers advised drawing revised plans to fit transport managers drawings 22/01451/APP 12/01/2023 06/10/2022 Page 145
Page 148
Page 4 of 4 Review Procedure The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case. Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other parties only, without any further procedures? For example, written submission, hearing session, site inspection. * Yes No In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion: Can the site be clearly seen from a road or public land? * Yes No Is it possible for the site to be accessed safely and without barriers to entry? * Yes No Checklist – Application for Notice of Review Please complete the following checklist to make sure you have provided all the necessary information in support of your appeal. Failure to submit all this information may result in your appeal being deemed invalid. Have you provided the name and address of the applicant?. * Yes No Have you provided the date and reference number of the application which is the subject of this Yes No review? * If you are the agent, acting on behalf of the applicant, have you provided details of your name Yes No N/A and address and indicated whether any notice or correspondence required in connection with the review should be sent to you or the applicant? * Have you provided a statement setting out your reasons for requiring a review and by what Yes No procedure (or combination of procedures) you wish the review to be conducted? * Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review. Please attach a copy of all documents, material and evidence which you intend to rely on Yes No (e.g. plans and Drawings) which are now the subject of this review * Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice (if any) from the earlier consent. Declare – Notice of Review I/We the applicant/agent certify that this is an application for review on the grounds stated. Declaration Name: Mr Michael Barron Declaration Date: 11/04/2023 Page 146
Page 149
We are seeking review of our recently refused planning application for a 6ft fence at the side of our house because we believe we have been penalised because someone cannot see into our garden, a garden which we have made lovely and family friendly for our 5-year-old pet dog and our now 11- week-old baby. We feel that an appeal allows someone out with the Moray Council Planning department to review this application and take a nonbiased point of view considering all aspects and hopefully come up with a solution as to how we can maintain a safe, enclosed, private garden for our family home. We feel an appeal would help support us in a fair trial as every time we submit something to the Moray Council it seems to be a different excuse each time and a lack of care and consideration for what we are trying to do. Most importantly, our reasons for appealing the refusal are child and pet safety, cleanliness, theft prevention and privacy, none of which have been considered by the Moray Council Planning Officers. The application has been refused twice and, on both occasions, has had a new reason for refusal, none of which relate to the original letter regarding a 6ft fence at the side of the house. The first refusal was because the fence did not fit the character of the area and was not deemed safe by the transport manager as it is on the roadside. The second refusal was again because it did not fit the character of the area, but the planning officer had also added in that it blocks vision of crime. It has been frustrating not being able to have someone from the Council come round to the garden and try and help us keep somewhat of our fence or explain things to us. Covid has continually been used as an excuse but with all due respect, my wife works as a nurse, and we do not need reminded about how covid has impacted on our lives. A simple discussion when site visits were taking place could have been arranged at a two-meter distance in the garden. In reference to the transport manager’s report – he is the only person at the Council who seemed to consider our privacy and so failed our current fence but commented with new drawings what he would deem road and path safe therefore grant permission. We were happy to change the fence to meet the new drawing and so submitted that on the second application, but it was failed and given another new reason for refusal. Our fence was erected in 2018 a few months after we moved into the property. We were served a notice to apply for retrospective planning for the 6ft fence three years later in 2021. The policies – DP1 and PP3 of the Moray Local Development Plan 2020 in which the planning officers refer to in their reports are policies which were not in place when the fence was initially erected. With regards to the 2020 policies – why were we asked to apply for retrospective planning and pay a fee if the policies about character of the area and crime reference were already in place. The planning officer who served the notice either did not know about these policies suggesting they were not in place until after our application was submitted or he believed we would get permission for the fence. In addition I would also like to add that taking our fence down to 4ft will not make a difference to viewing crime. We also share a 6ft fence between the neighbouring house which has been in place since 2017 by choice of both parties therefore there is no vision down to the neighbouring gardens and this has never been an issue and the neighbours are grateful for the extra bit of privacy. Policy DP1 2020 refers to the development not adversely impacting neighbouring properties in terms of privacy, day light and overbearing loss of amenity as quoted by the latest planning officer in her report. When our neighbours were served with letters about our fence, they did not understand what the problem was. With regards to loss of amenities we are not sure what amenities our fence prevents someone from having. Our architect was also of the same opinion. We are not responsible for reporting crime that happens out with our property boundary. With reference to not fitting the character of the area, there has been a house extension in the local area where the materials used have been new and updated models, so it does not match with the surrounding houses in the Page 147
Page 150
neighbourhood, yet it was passed by planning. There are several properties in the local area with 6ft fencing on the roadside and blocking vision round paths, in particular Dornoch Links, Elgin – the path coming from the street onto the fast Elgin – Birnie Road with no vision round the corner but this was passed by planning. We have gone from initially being informed that planning is required for a 6ft fence at the side of the house to being told that the fence at the back blocks vision round the path to then the front driveway restricting view to then the fence being out of character and now the fence blocks vision of crime. Having a 4ft fence would allow a police officer to look further round the corner onto the path but from a distance they would need to be on the same path to view what crime they were witnessing, similar for regular pedestrians. The review should also consider why the Moray Council planning department only responded to our many contacts in the beginning because we reported concerns to our Local MSP. The Council have not been very forthcoming nor supportive in the matter. We were posted a letter and just expected to take the fence down which we have not and sadly in the process have had no support from the Council around how we can maintain some of our privacy in our own bought home. There have been different views and reasons shared by the Council over an initial letter, a phone call and reports but no direct face to face verbal communication. We have spoken to the local head teacher at the High School with regards to children during school hours who have accessed our garden for no good reason, littering, trying to feed our dog and on one occasion damage to the property by a school child. We also spoke with Police Scotland about items missing from the garden when we initially moved in and were told that there is minimal, they can do because it is open to opportunists with a 4ft fence. We previously wrote and discussed the issues with the lack of communication from The Moray Council to Richard Lochhead and have again contacted him with regards to this matter. The removal of the 6ft fence down to a 4ft fence would cause child safety and road safety issues due to problems we occurred with the 4ft fence we had when moving into the property where people would purposely open our gate resulting in our dog being able to escape from the garden. There was also the road safety factor of my autistic nephew who would regularly climb over the 4ft fence due to lack of understanding of road safety. Page 148
Page 151
S P R IN G F IE L D R O A D 16 2 94 86 98 92 0 50 10 El Sub Sta M A N N O C H C O U R T H E L D O N P L A C E S P R IN G F IE L D R O A D 10 102 1062 1621 13 2 8 1113 10 23 Play Area H E L D O N P L A C E K IR K T O N P L A C E PH 1 24 2 8 4 94 86 74 98 92 84 25 27 13 19 15 0 100 20 50 Drawing No. 1 SITE PLAN 1-500 Site Area - 300m 2 (outlined in Red) LOCATION PLAN 1-1250 Retrospective Planning Application, Fence Erected to side of House, 94 Springfield Road, Elgin, IV30 6YU. Mr M. Barron New fence - 100mm wide x 20mm thick fencing boards with 20mm gaps between boards. Colour - dark brown Fence kept clear of visibility splays. 900mm high 900mm high ELEVATION FROM SPRINGFIELD ROAD 1-100 Site area outlined in red new fence shown in green 2.4x5.0m visibility splays noted in blue fence line behind visibility splay fence height to be 900m m at visibility splay Rev A - Fence line at RHS am ended, Fence height at LHS lowered. Jan '22 Page 149
Page 152
Page 150
Page 153
APPENDIX 3 RESPONSE TO REQUEST FOR FURTHER INFORMATION Page 151
Page 154
1 Lissa Rowan Subject: RE: 22/01451/APP - 94 Springfield Road Elgin From: Fiona Olsen <Fiona.Olsen@moray.gov.uk> Sent: 13 April 2023 10:44 To: Lissa Rowan <Lissa.Rowan@moray.gov.uk> Cc: Beverly Smith <Beverly.Smith@moray.gov.uk> Subject: RE: 22/01451/APP - 94 Springfield Road Elgin Hi Lissa, Happy that no new information is presented. NPF4 Comments: National Planning Framework 4 (NPF4) was adopted by the Scottish Ministers on 13th February 2023, following approval by the Scottish Parliament in January. The basic siting and design principles for householder developments continue to apply within NPF4 Policy 16(g). Page 152