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Agenda Document Pack - Moray Local Review Body - 17/08/2023

Moray Council · 17 August 2023
Back to Moray Local Review Body — 17 August 2023 and its agenda

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Moray Local Review Body 
Thursday, 17 August 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, 17 August 2023 at 09:30. 
BUSINESS 
1. Sederunt 
2. Declaration of Group Decisions and Members Interests * 
3. Minute of Meeting dated 15 June 2023 5 - 10
4. LR290 - Ward 7 - Elgin City South
Planning Application 22/01849/APP – Erect free standing car port at 32 Muirfield
Road, Elgin
11 - 64 
Summary of Local Review Body functions:
To conduct reviews in respect of refusal of planning permission or
unacceptable conditions as determined by the delegated officer, in
terms of the Scheme of Delegation to Officers under Section 43(A)(i) of
the Town & Country Planning (Scotland) Act 1997 and the Town &
Country Planning (Scheme of Delegation and Local Review
Procedure)(Scotland) Regulations 2013, or where the Delegated
Officer has not determined the application within 3 months of
registration.     
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GUIDANCE NOTES 
* Declaration of Group Decisions and Members Interests - The Chair of the
meeting shall seek declarations from any individual or political group at the
beginning of a meeting whether any prior decision has been reached on how
the individual or members of the group will vote on any item(s) of business on
the Agenda, and if so on which item(s).  A prior decision shall be one that the
individual or the group deems to be mandatory on the individual or the group
members such that the individual or the group members will be subject to
sanctions should they not vote in accordance with the prior decision.  Any such
prior decisions will be recorded in the Minute of the meeting. 
** Written Questions - Any Member can put one written question about any
relevant and competent business within the specified remits not already on the
agenda, to the Chair provided it is received by the Proper Officer or Committee
Services by 12 noon two working days prior to the day of the meeting.  A copy
of any written answer provided by the Chair will be tabled at the start of the
relevant section of the meeting.  The Member who has put the question may,
after the answer has been given, ask one supplementary question directly
related to the subject matter, but no discussion will be allowed. 
No supplementary question can be put or answered more than 10 minutes after
the Council has started on the relevant item of business, except with the
consent of the Chair. If a Member does not have the opportunity to put a
supplementary question because no time remains, then he or she can submit it
in writing to the Proper Officer who will arrange for a written answer to be
provided within 7 working days. 
*** Question Time - At each ordinary meeting of the Committee ten minutes will be
allowed for Members questions when any Member of the Committee can put a
question to the Chair on any business within the remit of that Section of the
Committee.  The Member who has put the question may, after the answer has
been given, ask one supplementary question directly related to the subject
matter, but no discussion will be allowed. 
No supplementary question can be put or answered more than ten minutes
after the Committee has started on the relevant item of business, except with
the consent of the Chair.  If a Member does not have the opportunity to put a
supplementary question because no time remains, then he/she can submit it in
writing to the proper officer who will arrange for a written answer to be provided
within seven working days. 
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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 
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MORAY COUNCIL 
Minute of Meeting of the Moray Local Review Body 
Thursday, 15 June 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 
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 and Mrs L Robinson, Committee Services Officers as
Clerks to the Committee.   
1         Chair 
Councillor Macrae, being Chair of the Moray Local Review Body (MLRB), chaired
the meeting.   
2         Declaration of Group Decisions and Members Interests 
In terms of Standing Order 20 and the Councillor's Code of Conduct, there were no
declarations from Group Leaders or Spokespersons in regard to any prior
decisions taken on how Members will vote on any item on the agenda or any
declarations of Members interests in respect of any item on the agenda.  
3         Minute of Meeting dated 20 April 2023 
The Chair presented the Minute of the meeting dated 20 April 2023 for approval
noting that the agenda stated 15 June 2023 however this was an error.  The Chair
further stated that during discussion of Case LR283, Mrs MacDonald, Senior
Planning Officer had advised that the fence should be no more than a height of 1
metre when it fact, policy states that it should be no more than 0.6 metre high,
however the minute reflected the correct height.  This was noted.  
Thereafter, the Committee agreed to approve the Minute of the meeting dated 20
April 2023 as an accurate account of the meeting.   
4         LR289 - Ward 4 - Fochabers Lhanbryde 
Planning Application 22/01292/APP - Erect dwellinghouse on Plot 3, Milnduff,
Drybridge, Buckie  
Item 3.
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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 grant planning
permission in respect of Planning Application 22/01292/APP, 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. 
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. 
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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 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
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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.  
A Summary of Information Report set out the reasons for refusal, together with the
documents considered or prepared by the Appointed Officer in respect of the
planning application, in addition to the Notice of Review, Grounds for Review and
supporting documents submitted by the Applicant.  
In response to a question from the Chair as to whether the Legal or Planning
Advisers had any preliminary matters to raise, the Legal Adviser advised that he
had nothing to raise at this time.  
The Mr Miller, Planning Adviser advised that planning permission had been
granted in respect of Planning Application 22/01292/APP however the Applicant
was appealing against Condition 9.  Therefore, if the Moray Local Review Body
(MLRB) were minded to uphold the appeal then Condition 9 would be removed
from the planning consent and if the appeal was dismissed, the condition would
stand.  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.  
Councillor Harris, having visited the site and considered the case in detail moved
that the MLRB dismiss the appeal and uphold the original decision of the
Appointed Officer to include condition 9 requiring the use of natural slate on the
roof in relation to Planning Application 22/01292/APP so that the development is in
keeping with adopted policies within the Moray Local Development Plan (MLDP)
2020 and National Planning Framework (NPF) 4.  This was seconded by
Councillor Cameron.  
There being no-one otherwise minded, the MLRB agreed to dismiss the appeal
and uphold the original decision of the Appointed Officer to include condition 9
requiring the use of natural slate on the roof in relation to Planning Application
22/01292/APP so that the development is in keeping with adopted policies within
the MLDP 2020 and NPF4. 
5         LR288 - Ward 7 - Elgin City South 
Planning Application 22/01451/APP - Retrospective permission for boundary
fence at 94 Springfield Road, Elgin  
A request was submitted by the Applicant, seeking a review of the decision of the
Appointed Officer, in terms of the Scheme of Delegation, to refuse planning
permission on the grounds that:  
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). 
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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).  
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 Keith, having considered the case in detail, was of the view that, in
relation to policy DP1, the fence was not out of keeping with the established open
space character of the area and, in relation to policy PP1, stated that there was
plenty natural surveillance at 3 out of 4 sides of the property and moved that the
MLRB uphold the appeal and grant planning permission in respect of Planning
Application 22/01451/APP as in his opinion, the proposal complied with policies
DP1 (i) a) (Development Principles) and PP1 (ii) (Placemaking) of the Moray Local
Development Plan (MLDP) including the suggested condition from the
Transportation Service asking that the sections of the existing high fence be set
back/reduced in height in accordance with the submitted drawing number 1
Revision A, within 3 months of the date of the decision notice.  This was seconded
by Councillor Ross.  
Councillor Van Der Horn moved that the MLRB dismiss the appeal and uphold the
original decision of the Appointed Officer to refuse planning permission in respect
of Planning Application 22/01451/APP as, in his opinion, the fence was
considerably higher than the hedges/walls/fencing in other surrounding properties
and that by creating a higher fence the street would be less visible from the
property and hinder natural surveillance.  This was seconded by Councillor
Warren.  
On a division there voted:  
For the Motion (5): Councillor Keith, Ross, Dunbar, Macrae and McBain 
For the Amendment (3): Councillors Van Der Horn, Warren and Harris 
Abstentions (1): Councillor Cameron 
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 22/01451/APP as the proposal complies with policies DP1 (i) a)
(Development Principles) and PP1 (ii) (Placemaking) of the MLDP 2020 including
the suggested condition from the Transportation Service asking that the sections of
the existing high fence be set back/reduced in height in accordance with the
submitted drawing number 1 Revision A, within 3 months of the date of the
decision notice.
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MORAY LOCAL REVIEW BODY 
17 AUGUST 2023 
SUMMARY OF INFORMATION FOR CASE No LR290 
Ward 7 – Elgin City South 
Planning Application 22/01849/APP – Erect free standing car port at 32
Muirfield Road, Elgin 
Planning permission in principle was refused under the Statutory Scheme of
Delegation by the Appointed Officer on 8 March 2023 on the grounds that: 
The proposed car port does not comply with the Moray Local Development Plan
Policy DP1 - Development Principles and National Planning Framework 4 Policy 16 -
Quality Homes because it would sit forward of the principle elevation of a mid-terrace
house in an area where there are no buildings/structures that sit to the front of
houses. The proposal therefore would appear out of place and be detrimental to the
established character of the surrounding area. It would also set a precedent for
further similar development. 
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. 
Item 4.
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Muirfield Court
32.2m
30.7m
19.1m
BIRNIE PLACE
MUIRFIELD ROAD
MUIRFIELD CRESCENT
LAND STREET
7
1
47
74
115
14 13
8
139
77
65
105
26
62
54
60
64
52
131
37
101
1012
59
29
5
89
135
51
143
141
27
40
15
2
44
41
49
4
80
9
40
77
52
65
51
MUIRFIELD ROAD
26
14
1 47
65
7
1
5
27
Location plan for Planning Application Reference Number :
22/01849/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 13

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APPENDIX 1 
DOCUMENTS CONSIDERED
OR PREPARED BY THE
APPOINTED OFFICER
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Page 1 of 5
The Moray Council Council Office High Street Elgin IV30 1BX  Tel: 0300 1234561  Email: development.control@moray.gov.uk
Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid.
Thank you for completing this application form:
ONLINE REFERENCE 100609913-001
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
Erect free standing car port
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Page 2 of 5
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: *
Plans Plus
Mr
Colin
Graham
Keir
Calder
Main Street
Muirfield Road
32
Plans Plus Offices
01343 842635
IV30 8LG
IV30 6DE
Moray
UK
By Elgin
Elgin
Urquhart
New Elgin
ctkplans@aol.com
ctkplans@aol.com
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Page 3 of 5
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
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? *
32 MUIRFIELD ROAD
Moray Council
ELGIN
IV30 6DE
861384 321839
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Certificates and Notices
CERTIFICATE AND NOTICE UNDER REGULATION 15 – TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT
PROCEDURE) (SCOTLAND) REGULATION 2013
One Certificate must be completed and submitted along with the application form. This is most usually Certificate A, Form 1,
Certificate B, Certificate C or Certificate E.
Are you/the applicant the sole owner of ALL the land? *  Yes    No
Is any of the land part of an agricultural holding? *  Yes    No
Certificate Required
The following Land Ownership Certificate is required to complete this section of the proposal:
Certificate A
Land Ownership Certificate
Certificate and Notice under Regulation 15 of the Town and Country Planning (Development Management Procedure) (Scotland)
Regulations 2013
Certificate A
I hereby certify that –
(1) - No person other than myself/the applicant was an owner (Any person who, in respect of any part of the land, is the owner or is the
lessee under a lease thereof of which not less than 7 years remain unexpired.) of any part of the land to which the application relates at
the beginning of the period of 21 days ending with the date of the accompanying application.
(2) - None of the land to which the application relates constitutes or forms part of an agricultural holding
Signed: Colin Keir
On behalf of: Mr Graham Calder
Date: 08/12/2022
 Please tick here to certify this Certificate. *
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Page 5 of 5
Checklist – Application for Householder Application
Please take a few moments to complete the following checklist in order to ensure that you have provided all the necessary information
in support of your application. Failure to submit sufficient information with your application may result in your application being deemed
invalid. The planning authority will not start processing your application until it is valid.
a) Have you provided a written description of the development to which it relates?.  *  Yes   No
b) Have you provided the postal address of the land to which the development relates, or if the land in question  Yes   No
has no postal address, a description of the location of the land?  *
c) Have you provided the name and address of the applicant and, where an agent is acting on behalf of the  Yes   No
applicant, the name and address of that agent.?  *
d) Have you provided a location plan sufficient to identify the land to which it relates showing the situation of the  Yes   No
land in relation to the locality and in particular in relation to neighbouring land? *. This should have a north point
and be drawn to an identified scale.
e) Have you provided a certificate of ownership? *  Yes   No
f) Have you provided the fee payable under the Fees Regulations? *  Yes   No
g) Have you provided any other plans as necessary? *  Yes   No
Continued on the next page
A copy of the other plans and drawings or information necessary to describe the proposals
(two must be selected). *
You can attach these electronic documents later in the process.
  Existing and Proposed elevations.
  Existing and proposed floor plans.
  Cross sections.
  Site layout plan/Block plans (including access).
  Roof plan.
  Photographs and/or photomontages.
Additional Surveys – for example a tree survey or habitat survey may be needed. In some instances you  Yes   No
may need to submit a survey about the structural condition of the existing house or outbuilding.
A Supporting Statement – you may wish to provide additional background information or justification for your  Yes   No
Proposal. This can be helpful and you should provide this in a single statement. This can be combined with a
Design Statement if required. *
You must submit a fee with your application. Your application will not be able to be validated until the appropriate fee has been
Received by the planning authority.
Declare – For Householder Application
I, the applicant/agent certify that this is an application for planning permission as described in this form and the accompanying
Plans/drawings and additional information.
Declaration Name: Mr Colin Keir
Declaration Date: 08/12/2022
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Consultee Comments for Planning Application 22/01849/APP
Application Summary
Application Number: 22/01849/APP
Address: 32 Muirfield Road Elgin Moray IV30 6DE
Proposal: Erect free standing car port
Case Officer: Dominic Batty
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
by Adrian Muscutt EHO
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MORAY COUNCIL
PLANNING CONSULTATION RESPONSE
From:   The Moray Council, Flood Risk Management
Planning Application Ref. No:
22/01849/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   
Reason(s) for objection 
Conditions(s) 
Further comments(s) to be passed to applicant 
Further information required to consider the application 
Contact: Natalie Dunton  Date: 16/12/2022  
email address: Natalie.dunton@moray.gov.uk  Phone No 
Consultee: The Moray Council, Flood Risk Management 
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Consultation Request Notification 
Planning Authority Name Moray Council
Response Date  28th December 2022
Planning Authority
Reference
22/01849/APP
Nature of Proposal
(Description)
Erect free standing car port
Site 32 Muirfield Road
Elgin
Moray
IV30 6DE 
Site Postcode N/A
Site Gazetteer UPRN 000133028838
Proposal Location Easting 321839
Proposal Location Northing 861384
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=RMM3HTBGKF000
Previous Application 
Date of Consultation 14th December 2022
Is this a re-consultation of
an existing application?
No
Applicant Name Mr Graham Calder
Applicant Organisation
Name 
Applicant Address 32 Muirfield Road
Elgin
Moray
IV30 6DE 
Agent Name Plans Plus
Agent Organisation Name Plans Plus
Agent Address
Main Street
URQUHART
By Elgin
Moray
IV30 8LG
Agent Phone Number 
Agent Email Address N/A
Case Officer Dominic Batty
Case Officer Phone number 
Case Officer email address dominic.batty@moray.gov.uk
PA Response To consultation.planning@moray.gov.uk 
NOTE:
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If you do not respond by the response date, it will be assumed that you have no
comment to make. 
The statutory period allowed for a consultation response is 14 days.  Due to scheduling
pressures if a definitive response is not received within 21 days this may well cause the
two month determination period to be exceeded. 
Data Protection - Moray Council is the data controller for this process.  Information collected about
you on this form will be used to process your Planning Application, and the Council has a duty to
process your information fairly.  Information we hold must be accurate, up to date, is kept only for
as long as is necessary and is otherwise shared only where we are legally obliged to do so.  You
have a legal right to obtain details of the information that we hold about you.
For full terms please visit  http://www.moray.gov.uk/moray_standard/page_121513.html 
For full Data Protection policy, information and rights please see
http://www.moray.gov.uk/moray_standard/page_119859.html 
You can contact our Data Protection Officer at info@moray.gov.uk or 01343 562633 for more
information. 
Please respond using the attached form:- 
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MORAY COUNCIL 
PLANNING CONSULTATION RESPONSE 
From:   Transportation Manager 
Planning Application Ref. No: 22/01849/APP
Erect free standing car port 32 Muirfield Road Elgin Moray IV30 6DE for Mr Graham Calder 
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 

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. 
Public utility apparatus may be affected by this proposal.  Contact the appropriate utility
service in respect of any necessary utility service alterations which have to be carried out
at the expense of the developer. 
No building materials/scaffolding/builder’s skip shall obstruct the public road (including
footpaths) without permission from the Roads Authority. 
Contact: PHN Date: 21.12.2022
email address: transport.develop@moray.gov.uk 
Consultee: TRANSPORTATION 
Return response to  consultation.planning@moray.gov.uk 
Please note that information about the application including consultation responses and
representations (whether in support or objection) received on the proposal will be published on the
Council’s website at http://publicaccess.moray.gov.uk/eplanning/  (You can also use this site to
track progress of the application and view details of any consultation responses and
representations (whether in support or objection) received on the proposal).  In order to comply
with the Data Protection Act, personal information including signatures, personal telephone and
email details will be removed prior to publication using “redaction” software to avoid (or mask) the
display of such information.  Where appropriate other “sensitive” information within documents will
also be removed prior to publication online.
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REPORT OF HANDLING 
Ref No: 22/01849/APP Officer: Dominic Batty
Proposal
Description/
Address
Erect free standing car port 32 Muirfield Road Elgin Moray IV30 6DE
Date: 07.03.2023 Typist Initials: LMC 
RECOMMENDATION
Approve, without or with condition(s) listed below N
Refuse, subject to reason(s) listed below Y
Legal Agreement required e.g. S,75 N
Notification to Scottish Ministers/Historic Scotland N
Hearing requirements
Departure N
Pre-determination N 
CONSULTATIONS
Consultee Date
Returned Summary of Response
Contaminated Land 15/12/22 No objections
Transportation Manager 21/12/22 No objections with advisory comments for
applicant
Moray Flood Risk Management 16/12/22 No objections 
DEVELOPMENT PLAN POLICY
Policies Dep Any Comments
(or refer to Observations below)
PP3 Infrastructure and Services N 
DP1 Development Principles Y 
EP12 Management and Enhancement Water N 
NPF1 - Tackling the Climate N 
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): 
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Page 2 of 4
OBSERVATIONS – ASSESSMENT OF PROPOSAL 
Legislation
Section 25 of the 1997 Act as amended requires applications to be determined in accordance with
the development plan, namely the adopted National Planning Framework 4 and adopted Moray Local
Development Plan 2020 (MLDP) unless material considerations indicate otherwise. 
The main planning issues are considered below: 
Site
The site is located at 32 Muirfield Road, Elgin. The dwellinghouse on the site is a middle terrace with
neighbouring properties to both sides and the rear. The site is bound by a public road to the south-
east. 
Proposal
This application seeks planning permission to erect a free standing car port to the front of the house.
The proposed car port would measure approximately 3m x 5.3m and 2.7m in height to the roof ridge.
The roof would be mono-pitched. The roofing would be polycarbonate sheeting and the posts would
be metal. 
Policy Assessment
Siting and Design (DP1, NPF4-16)
Moray Local Development Plan 2020 (MLDP2020) Policy DP1 Development Principles requires the
scale, density, and character of development to be appropriate to the surrounding area, be integrated
into the surrounding area, conserve and enhance the natural and built environment, and not
adversely impact upon neighbouring properties in terms of privacy, daylight, or overbearing loss of
amenity. The policy also states a preference for pitched roofs over flat roofs. 
NPF4 Policy 16 Quality Homes requires householder development proposals to not have a
detrimental impact on the character or environmental quality of the home or surrounding area in
terms of size, design, and materials and to not have a detrimental effect on the neighbouring
properties in terms of physical impact, overshadowing, or overlooking. 
The proposed car port would be the only standalone/freestanding structure to the front of the building
line of the surrounding residential area, which is typified by terraces of houses. There are other car
ports present in the surrounding area but these use a lean-to style at the side of their respective
house. There are no other structures, be it car-ports, garages or sheds to the front of houses in the
surrounding area. As a result, the proposed car port would be out of place, disrupting this established
pattern of development. Granting of consent would also set a precedence for further similar
development that would be detrimental to the character of the surrounding area. The proposal is
therefore not in compliance with Policy DP1 or NPF4 Policy 16 in terms of its appropriateness to the
surrounding area. 
The nature of the use of the proposed development means that it would not cause a loss of privacy
levels for the neighbouring properties. The proposed development would be located in the front
curtilage of the site so there would be no overshadowing of the rear garden space. Following the '45°
approach' set out in the Moray Local Development Plan 2020 Planning Policy Guidance, there is no
anticipated unreasonable loss of daylight into the neighbouring windows on the front elevation. On
this basis, the proposed development complies with the MLDP2020 Policy DP1 and NPF4 Policy 16
in terms of the impact on the amenity levels of neighbouring properties. 
To summarise, the proposed development is not in compliance with the MLDP2020 Policy DP1
Development Principles and NPF4 Policy 16 Quality Homes in terms of siting and design due to its
lack of appropriateness to the surrounding area. 
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Page 3 of 4
Drainage (DP1, EP12, NPF4-22)
The proposed development would be under 25sqm therefore it is not required to be accompanied by
a drainage statement. The site is not located in an area at risk of flooding so there is no general
constraint to development under Policy EP12 or NPF4 Policy 22(a). Moray Flood Risk Management
were consulted as part of this development and provided no objections. On this basis, the proposed
development is in compliance with the MLDP2020 Policies DP1 Development Principles and EP12
Management and Enhancement of the Water Environment and NPF4 Policy 22 Flood Risk. 
Recommendation
Refuse. 
OTHER MATERIAL CONSIDERATIONS TAKEN INTO ACCOUNT 
None 
HISTORY
Reference No. Description   
Decision  Date Of Decision   
ADVERT
Advert Fee paid? N/A
Local Newspaper Reason for Advert Date of expiry   
DEVELOPER CONTRIBUTIONS (PGU)
Status None sought 
DOCUMENTS, ASSESSMENTS etc. *
* Includes Environmental Statement, Appropriate Assessment, Design Statement, Design and Access
Statement, RIA, TA, NIA, FRA etc
Supporting information submitted with application?  NO
Summary of main issues raised in each statement/assessment/report
Document Name: 
Main Issues: 
S.75 AGREEMENT
Application subject to S.75 Agreement  NO
Summary of terms of agreement: 
Location where terms or summary of terms can be inspected: 
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Page 4 of 4
DIRECTION(S) MADE BY SCOTTISH MINISTERS (under DMR2008 Regs)
Section 30 Relating to EIA  NO
Section 31 Requiring planning authority to provide information
and restrict grant of planning permission  NO
Section 32 Requiring planning authority to consider the imposition
of planning conditions  NO
Summary of Direction(s)   
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(Page 2 of 2) Ref:  22/01849/APP
IMPORTANT
YOUR ATTENTION IS DRAWN TO THE REASONS and NOTES BELOW
SCHEDULE OF REASON(S) FOR REFUSAL
By this Notice, Moray Council has REFUSED this proposal.  The Council’s reason(s)
for this decision are as follows: -
The proposed car port does not comply with the Moray Local Development
Plan Policy DP1 - Development Principles and National Planning Framework 4
Policy 16 - Quality Homes because it would sit forward of the principle elevation
of a mid-terrace house in an area where there are no buildings/structures that
sit to the front of houses. The proposal therefore would appear out of place and
be detrimental to the established character of the surrounding area. It would
also set a precedent for further similar development.
LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT
The following plans and drawings form part of the decision:-
Reference Version Title
22~04 Elevations
Site and location plan
NOTICE OF APPEAL
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997
If the applicant is aggrieved by the decision to refuse permission for or approval
required by a condition in respect of the proposed development, or to grant
permission or approval subject to conditions, the applicant may require the planning
authority to review the case under section 43A of the Town and Country Planning
(Scotland) Act 1997 within three months from the date of this notice.  The notice of
review should be addressed to The Clerk, Moray Council Local Review Body, Legal
and Committee Services, Council Offices, High Street, Elgin IV30 1BX.  This form is
also available and can be submitted online or downloaded from
www.eplanning.scotland.gov.uk
If permission to develop land is refused or granted subject to conditions and the
owner of the land claims that the land has become incapable of reasonably
beneficial use in its existing state and cannot be rendered capable of reasonably
beneficial use by the carrying out of any development which has been or would be
permitted, the owner of the land may serve on the planning authority a purchase
notice requiring the purchase of the owner of the land’s interest in the land in
accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997.
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APPENDIX 2 
NOTICE OF REVIEW,
GROUNDS FOR REVIEW &
SUPPORTING DOCUMENTS
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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 100609913-004
The online reference is the unique reference for your online form only. The  Planning Authority will allocate an Application Number when
your form is validated. Please quote this reference if you need to contact the planning Authority about this application.
Applicant or Agent Details
Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting
on behalf of the applicant in connection with this application)  Applicant  Agent
Agent Details
Please enter Agent details
Company/Organisation:
Ref. Number: You must enter a Building Name or Number, or both: *
First Name: * Building Name:
Last Name: * Building Number:
Address 1
Telephone Number: * (Street): *
Extension Number: Address 2:
Mobile Number: Town/City: *
Fax Number: Country: *
Postcode: *
Email Address: *
Is the applicant an individual or an organisation/corporate entity? *
  Individual    Organisation/Corporate entity
Plans Plus
Colin
Keir
Main Street
Plans Plus Offices
01343 842635
IV30 8LG
Moray
By Elgin
Urquhart
ctkplans@aol.com
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Page 2 of 5
Applicant Details
Please enter Applicant details
Title: You must enter a Building Name or Number, or both: *
Other Title: Building Name:
First Name: * Building Number:
Address 1
Last Name: * (Street): *
Company/Organisation Address 2:
Telephone Number: * Town/City: *
Extension Number: Country: *
Mobile Number: Postcode: *
Fax Number:
Email Address: *
Site Address Details
Planning Authority:
Full postal address of the site (including postcode where available):
Address 1: 
Address 2:
Address 3:
Address 4:
Address 5:
Town/City/Settlement:
Post Code:
Please identify/describe the location of the site or sites
Northing Easting
Mr
32 MUIRFIELD ROAD
Graham
Moray Council
Calder Muirfield Road
32
ELGIN
IV30 6DE
IV30 6DE
UK
861384
Elgin
321839
New Elgin
ctkplans@aol.com
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Page 3 of 5
Description of Proposal
Please provide a description of your proposal to which your review relates. The description should be the same as given in the
application form, or as amended with the agreement of the planning authority: *
(Max 500 characters)
Type of Application
What type of application did you submit to the planning authority? *
  Application for planning permission (including householder application but excluding application to work minerals).
  Application for planning permission in principle.
  Further application.
  Application for approval of matters specified in conditions.
What does your review relate to? *
  Refusal Notice.
 Grant of permission with Conditions imposed.
  No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal.
Statement of reasons for seeking review
You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement
must set out all matters you consider require  to be taken into account in determining your review. If necessary this can be provided as a
separate document in the ‘Supporting Documents’ section: *  (Max 500 characters)
Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce
all of the information you want the decision-maker to take into account.
You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at
the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that
time or that it not being raised before that time is a consequence of exceptional circumstances.
Have you raised any matters which were not before the appointed officer  at the time the  Yes   No
Determination on your application was made? *
If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before
your application was determined and why you consider it should be considered in your review: * (Max 500 characters)
Erect free standing car port.
This was a planning application to erect a car port to protect the applicant's car from a daily bombardment of seagull poo
damaging his car. From the drawings you will see how light a structure is proposed with 4 No 100mm dia poles (4 inches wide) to
support a roof structure made of clear glass. It was intimated to us initially that the structure would block light from the adjoining
properties (30 and 34 Muirfield Road) yet neither objected to the proposal. See additional sheet.
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Page 4 of 5
Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend
to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters)
Application Details
Please provide the application reference no. given to you by your planning
authority for your previous application.
What date was the application submitted to the planning authority? *
What date was the decision issued by the planning authority? *
Review Procedure
The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review
process require that further information or representations be made to enable them to determine the review. Further information may be
required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or
inspecting the land which is the subject of the review case.
Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other
parties only,  without any further procedures? For example, written submission, hearing session, site inspection. *
 Yes   No
Please indicate what procedure (or combination of procedures) you think is most appropriate for the handling of your review. You may
select more than one option if you wish the review to be a combination of procedures.
Please select a further procedure *
Please explain in detail in your own words why this further procedure is required and the matters set out in your statement of appeal it
will deal with?  (Max 500 characters)
In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion:
Can the site be clearly seen from a road or public land? *  Yes   No
Is it possible for the site to be accessed safely and without barriers to entry? *  Yes    No
11 photographs of houses in Muirfield Road that already have extensions that sit forward of the principal elevation. Supporting
statement. Copy of plans. Copy of refusal notice.
22/01849/APP
08/03/2023
By means of inspection of the land to which the review relates
09/12/2022
It is important to demonstrate that such a light structure would not impinge on any neighbour's light or privacy. It would also allow
the review board an opportunity to see all the other properties who already have development well in front of the principal building
and as such have set a precedent.
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Page 5 of 5
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 Colin Keir
Declaration Date: 01/06/2023
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