Supplementary Agenda Document Pack - Planning and Regulatory Services Committee - 12/08/2025
Moray Council · 12 August 2025
Back to Planning and Regulatory Services Committee — 12 August 2025 and its agenda
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Planning and Regulatory Services Committee Tuesday, 12 August 2025 SUPPLEMENTARY AGENDA The undernoted reports have been added to the Agenda for the meeting of the Planning and Regulatory Services Committee to be held at Council Chambers, Council Office, High Street, Elgin, IV30 1BX on Tuesday, 12 August 2025 at 09:30. BUSINESS 8a) Planning Application 25/00279/APP Report by Appointed Officer Residential development of 5 homes and associated road, landscaping, infrastructure and drainage, and temporary caravans for use during construction only at R6 Dallas Dhu, Mannachie Road, Forres, Moray for Mr and Mrs M Anderson 3 - 38 Page 1
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WARD 08_17 25/00279/APP 13th March 2025 Residential development of 5 homes and associated road, landscaping, infrastructure and drainage, and temporary caravans for use during construction only at R6 Dallas Dhu Mannachie Road Forres Moray for Mr and Mrs M Anderson Comments: • A site visit will be caried out. • This application is reported to Committee as it has been submitted by an Officer involved in the statutory planning process. • Advertised in the local press for neighbour notification purposes. • No representations received. Procedure: • None Recommendation • Grant Planning Permission but to withhold issue of consent until developer obligations have been secured, subject to the following conditions: Conditions/Reasons 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. The foul and surface water drainage system as detailed in the approved plans and specified in the approved Drainage Assessment (dated 5/3/25, ref. 317586) shall be provided in full and made available for use prior to the occupation or completion of the first house hereby approved (whichever is the soonest). Thereafter foul and surface water drainage for each house shall connect to the system prior to its first use or completion. Item 8a) Page 3
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Reason: To ensure timeous delivery of the approved drainage system, in the interests of flood risk. 3. No development shall commence unless a scheme detailing the timing for provision of the biodiversity and landscape measures as shown in the approved Landscape Plan & Biodiversity Statement (drawing no. 365 L(PL) 008 Rev A hereby approved). Thereafter the measures shall be provided in accordance with the approved timescales. Reason: To ensure timeous delivery of the approved landscaping and biodiversity measures. 4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended) – or any order revoking and re- enacting that order – no development specified in Schedule 1, Part 1, Class 3E (means of enclosure and gates) shall be carried out without the approval of the Council, as Planning Authority. Reason: In the interests of the character and appearance of the development and the surrounding area. 5. No works in connection with the development hereby approved shall commence unless an Archaeological Written Scheme of Investigation (WSI) has been submitted to and approved in writing by the planning authority and a programme of archaeological works has been carried out in accordance with the approved WSI. The WSI shall include details of how the recording and recovery of archaeological resources found within the application site shall be undertaken, and how any updates, if required, to the written scheme of investigation will be provided throughout the implementation of the programme of archaeological works. Should the archaeological works reveal the need for post excavation analysis the development hereby approved shall not be occupied or brought into use unless a Post-Excavation Research Design (PERD) for the analysis, publication and dissemination of results and archive deposition has been submitted to and approved in writing by the planning authority. The PERD shall be carried out in complete accordance with the approved details. Reason: To safeguard and record the archaeological potential of the area. 6. No development shall commence until a Construction Environmental Management Plan (CEMP) has been submitted and agreed in writing by the Planning Authority in consultation with the Environmental Health Manager. The plan shall include measures to minimise construction related noise (including vibration), dust and artificial lighting, as well as measures to ensure construction waste is minimised and appropriately stored and segregated for recycling where possible. Thereafter the development will be carried out in accordance with the agreed plan. Page 4
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Reason: In order that environmental emissions are considered and managed at the construction phase, in order to protect local residents. 7. Prior to the first use or completion of any house hereby approved, the waste storage area as shown in the approved drawings to the north west of plot 5 shall be provided in full for use. Thereafter the waste storage area shall be maintained for use unless otherwise agreed in writing with the Council, as Planning Authority. Reason: To ensure timeous delivery of waste storage, in the interests of the character and amenity of the surrounding area. 8. Construction works (including vehicle movements) associated with the development audible at any point on the boundary of any noise sensitive dwelling shall be permitted between 0800 - 1900 hours, Monday to Friday and 0800 - 1300 hours on Saturdays only, and at no other times outwith these permitted hours (including National Holidays). The above construction hours shall apply, unless otherwise agreed in writing with the Planning Authority, and where so demonstrated exceptional operational constraints require limited periods of construction works to be undertaken outwith the permitted construction hours. Reason: To protect local residents from noise nuisance in ensuring the construction phase is restricted within permitted hours. 9. Notwithstanding the proposed access arrangements (which are not accepted). No development shall commence until details have been submitted for approval in writing by the planning authority in consultation with the roads authority for the following works: i. Road widening of Mannachie Road (C14E) (110 metres or thereby) to provide a continuous width of 5.5 metres plus a 2 metre wide verge on the east side of Mannachie Road from the southern boundary of the site frontage onto the road northwards to the commencement of the existing 5.5m road widening together with any road tapers, transitions and alterations to the site access and roads drainage as necessary to form an acceptable layout. ii. A continuous 2.5 metre wide cyclepath to an adoptable standard with a 2.5 metre wide verge from the edge of the carriageway widening (to allow for any future road and cyclepath widening) on the east side of Mannachie Road. The cyclepath and verge shall extend from the southern boundary of the site frontage onto the road northwards (125 metres or thereby) to an appropriate crossing point to provide access to the existing cyclepath on the west side of Mannachie Road. Thereafter unless otherwise approved in writing by the planning authority in consultation with the roads authority no house shall be completed or occupied within the development until the works to widen the road and provide the active travel infrastructure (cyclepath) and verge have been completed in accordance with the approved details. Page 5
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Reason: The submission of details currently lacking or unacceptable to ensure an acceptable form of development, the provision of suitable access infrastructure on the route to the development in the interests of road safety and active travel. 10. Prior to any development works commencing: i. a detailed drawing (scale 1:500 or 1:1000 which shall also include details to demonstrate control of the land) showing the visibility splay 4.5 metres by 120 metres in both directions at the site access onto Mannachie Road (C14E) showing boundary walls/fences/hedges set back to a position behind the required visibility splay, and a schedule of maintenance for the splay area shall be submitted to and approved by the Council, as Planning Authority in consultation with the Roads Authority; ii. the visibility splay shall be provided in accordance with the approved drawing prior to any works commencing (except for those works associated with the provision of the visibility splay); and iii. thereafter, the visibility splay shall be maintained at all times free from any obstruction exceeding 0.6 metres above the level of the carriageway in accordance with the agreed schedule of maintenance. Reason: To enable drivers of vehicles entering or exiting the site to have a clear view so that they can undertake the manoeuvre safely and with the minimum interference to the safety and free flow of traffic on the public road. 11. The cycleway visibility splay (2.4 metres by 31 metres) as shown on drawing 365 L(PL)010 Rev A shall be provided in accordance with the approved drawing prior to any works commencing (except for those works associated with the provision of the visibility splay) and thereafter, the visibility splay shall be maintained at all times free from any obstruction exceeding 0.6 metres above the level of the cycleway. Reason: To enable cyclists and drivers of vehicles crossing the cycleway to have a clear view so that they can undertake the manoeuvre safely. 12. Prior to completion or occupation of any house within the development the turning area within the site shall be provided to enable vehicles to enter and exit in a forward gear. Thereafter unless otherwise approved in writing by the planning authority the turning area shall be maintained, kept clear of any obstructions and be available for that purpose at all times. Reason: To ensure the provision for vehicles to enter/exit in a forward gear in the interest of the safety and free flow of traffic on the public road. 13. Prior to completion or occupation of the first house hereby approved, the extent of the site access from the edge of Mannachie Road (C14E to a point 5 metres beyond the back edge of the cyclepath) shall be constructed to the Moray Council specification and surfaced with bituminous macadam and have a maximum gradient of 1:20 unless otherwise approved in writing by the planning authority in consultation with the roads authority. Page 6
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Reason: To enable an acceptable vehicular access is provided to the development in the interest of road safety. 14. No boundary fences, hedges, walls or any other obstruction whatsoever over 0.6 metre in height and fronting onto the public road shall be within 2.4 metres of the edge of the carriageway, measured from the level of the public carriageway, unless otherwise agreed in writing by the Council, as Planning Authority in consultation with the Roads Authority. Reason: To enable drivers of vehicles leaving driveways 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. 15. Parking provision shall be provided and made available for use at all times to the Moray Council Parking Standards. The standards for parking as applied at the time of any application for development shall be in accordance with Parking Standards of the Moray Local Development Plan 2020 and any associated guidance setting out the standards of parking including any equivalent planning policy and/or guidance which supersedes or replaces the identified provisions of the development plan during the life-time of the permission hereby approved. 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. 16. No development shall commence until details have been submitted to and approved in writing by the Council, as Planning Authority in consultation with the Roads Authority regarding the formation of any proposed/required construction access (which includes any temporary access) to the development from any public road. The required details shall include i. a drawing (scale 1:500 minimum) regarding the location and design specifications of the proposed access; and ii. all traffic management measures required to ensure safe operation of the construction access; and iii. details including materials and timescales for the formation and subsequent re-instatement of the land once any temporary construction access is no longer required. Thereafter, the works shall be implemented in accordance with the approved details. Reason: To ensure an acceptable form of development in terms of the arrangements to manage traffic during construction works at the site. 17. No works shall commence on site until details have been submitted to and approved in writing by the Council, as Planning Authority in consultation with the Roads Page 7
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Authority to ensure that no water or loose material shall drain or be carried onto the public cyclepath/carriageway for the life-time of the development. 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. 18. The development hereby approved provides for the siting of one caravan on each plot (as per approved drawing number 365 L(PL) 006 Rev A) for a temporary period of two years (the date of which will run from the commencement of development on each plot). After the period of two years, the temporary caravan shall be removed from the respective plot and the ground reinstated to the satisfaction of the planning authority, unless otherwise agreed in writing by the Council, Planning Authority. Reason: To ensure the caravans are sited for a temporary period, in the interests of the character and amenity of the surrounding area. Reason(s) for Decision The Council’s reason(s) for making this decision are:- The development complies with the provisions of the development plan (namely National Planning Framework 4 and the Moray Local Development Plan 2020), as well as the adopted Dallas Dhu Masterplan, and there are no material considerations that indicate otherwise. List of Informatives: THE DEVELOPMENT MANAGEMENT & BUILDING STANDARDS MANAGER has commented that:- A Building Warrant will be required for the proposals. Should you require further assistance please contact the Building Standards Duty Officer between 2pm and 4pm or telephone on 03001234561. No appointment is necessary. Alternatively e- mail buildingstandards@moray.gov.uk ABERDEENSHIRE COUNCIL ARCHAEOLOGY SERVICE has commented that:- Works by archaeological organisation Any archaeological survey, watching brief or archaeological works required by a condition attached to this planning permission must be undertaken by a suitably qualified archaeological organisation. Written Scheme of Investigation (WSI) A written specification produced by the appointed Chartered Institute for Archaeologists (CIfA) member archaeological contractor on behalf of the applicant Page 8
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which outlines in detail the proposed scheme of archaeological investigation. It should detail what archaeological works will be carried out and how; how any encountered archaeological remains will be dealt with; how any updates to the WSI will be provided; the reporting process; and the potential for post-excavation requirement. The WSI must be submitted to the planning authority for approval before being implemented. The contents of the WSI must conform to the relevant national and CIfA standards and guidance. Archaeological Discoveries Bona Vacantia The developer has a legal requirement, under the laws of bona vacantia to report to the Treasure Trove Unit any objects or artefacts found during development works. Post-Excavation Research Design (PERD) A written specification for the post-excavation analysis of artefacts and samples recovery during the excavation phase or archaeological works, prepared by the appointed Chartered Institute for Archaeologists (CIfA) member archaeological contractor on behalf of the applicant. This should include a project design for the post-excavation work, a costed assessment for this work, and costed proposals for the publication of results. The PERD must be submitted to the planning authority for approval. Once the PERD has been agreed, written confirmation must be provided to the planning authority demonstrating that an agreement is in place between the applicant and the appointed CIfA member archaeological contractor, committing the applicant to fund the post-excavation work and for said work to be completed by an agreed date. SCOTTISH GAS NETWORKS has commented that:- A high-pressure gas pipeline is located in proximity of this site. Excavations, stockpiling of material, vehicles crossing over the route of the pipeline, changes in ground levels, drilling, piling and the siting of temporary structures, cabins and containers are all activities that can have a negative impact on the pipeline. This list is not exhaustive and SGN advice should be sought if in any doubt. THE TRANSPORTATION MANAGER has commented that:- Before commencing development, the applicant is obliged to apply for Construction Consent in accordance with Section 21 of the Roads (Scotland) Act 1984 for new roads. The applicant will be required to provide technical information, including drawings and drainage calculations, and provide a Road Bond to cover the full value of the works in accordance with the Security for Private Road Works (Scotland) 1985 Regulations. Advice on this matter can be obtained from the Moray Council web site or by emailing transport.develop@moray.gov.uk Construction Consent shall include a CCTV survey of all existing roads drainage to be adopted and core samples to determine the construction depths and materials of the existing road. Page 9
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Requirement for any traffic calming, road construction materials and specifications for any SuDS related to the drainage of the public road must be submitted and approved through the formal Roads Construction Consent process. Planning consent does not carry with it the right to carry out works within the public road boundary and the applicant is obliged to contact the Transportation Manager for road opening permit in accordance with the Roads (Scotland) Act 1984. This includes any temporary access joining with the public road. For the avoidance of doubt, there will be no planting within the public road (including verges) unless otherwise agreed in writing by the Council, as Planning Authority in consultation with the Roads Authority. In curtilage Electric Vehicle (EV) charging provision requirements are covered by building warrant. 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 in the Moray Local Development Plan Policy and Additional Guidance http://www.moray.gov.uk/downloads/file147031.pdf If required, street furniture which needs to be repositioned will be at the expense of the developer. In addition any existing roadside ditch may require a pipe or culvert. Advice on these matters can be obtained by e-mailing transport.develop@moray.gov.uk No building materials/scaffolding/builder's skip shall obstruct the public road (including footpaths) without permission from the Roads Authority. The applicant shall be responsible for ensuring that surface/ground water does not run from the public road into their property. The applicant shall ensure that their operations do not adversely affect any Public Utilities, which should be contacted prior to commencement of operations. The applicants shall free and relieve the Roads Authority from any claims arising out of their operations on the road or extension to the road. The Transportation Manager must always be contacted before any works commence. This includes any temporary access, which should be agreed with the Roads Authority prior to work commencing on it. No retaining structures or embankments shall be constructed along the edge of the road, whether retaining the public road or ground adjoining the public road without prior consultation and agreement of the Roads Authority. Page 10
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LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT Reference No. Version No. Title/Description 1075-00-DR-XX-79-202 P2 Plot 3 - garage - floor plan 1075-00-DR-XX-79-202 P1 Typical garage - floor plan 1075-2-HEB-XX-00-DR-A-20-200 P01 Plot 2 - ground and first floor plans 1075-2-HEB-XX-XX-DR-A-20-400 P01 Plot 2 - elevations 1075-3-HEB-XX-00-DR-A-20-200 P01 Plots 1, 4 and 5 - ground and first floor plans 1075-3-HEB-XX-XX-DR-A-20-400 P01 Plots 1, 4 and 5 - elevations 1075-HEB-XX-00-DR-A-20-200 P5 Plot 3 - ground and first floor plans 1075-HEB-XX-XX-DR-A-20-400 P4 Plot 3 - front and side elevations 1075-HEB-XX-XX-DR-A-20-401 P3 Plot 3 - rear and side elevations 1075-R1-DR-XX-79-203 P1 Plot 3 - garage - roof plan 1075-R1-DR-XX-79-203 P1 Typical garage - roof plan 1075-XX-DR-XX-79-204 P1 Plot 3 - garage - front elevation 1075-XX-DR-XX-79-204 P1 Typical garage - front elevation 1075-XX-DR-XX-79-205 P2 Plot 3 - garage - rear elevation 1075-XX-DR-XX-79-205 P1 Typical garage - rear elevation 1075-XX-DR-XX-79-206 P2 Plot 3 - garage - side elevation 1 1075-XX-DR-XX-79-206 P1 Typical garage - side elevation 1 1075-XX-DR-XX-79-207 P2 Plot 3 - garage - side elevation 2 1075-XX-DR-XX-79-207 P1 Typical garage - side elevation 2 213 L(PL) 011 A Infrastructure delivery plan 365 L(PL) 006 A Site plan 1:500 - with temporary caravans 365 L(PL) 008 A Landscape plan and biodiversity statement 365 L(PL) 009 A Site plan with road widening 365 L(PL) 010 A Site plan with paths and cycle way 365 L(PL) 011 A Site plan with layby dimensions 365 L(PL) 101 B Plot 1 - first floor plan 365 L(EX) 001 Location plan 365 L(PL) 001 B Site plan 1:1000 365 L(PL) 002 B Site plan 1:1000 with wider masterplan 365 L(PL) 003 B Site plan 1:500 - ground floors 365 L(PL) 004 B Site plan 1:500 - first floors 365 L(PL) 005 B Site plan 1:500 - roofs 365 L(PL) 100 B Plot 1 - ground floor plan 365 L(PL) 110 B Plot 2 - ground floor plan 365 L(PL) 111 B Plot 2 - first floor plan 365 L(PL) 112 B Plot 2 - roof plan 365 L(PL) 120 B Plot 3 - ground floor plan 365 L(PL) 121 B Plot 3 - first floor plan 365 L(PL) 122 B Plot 3 - roof plan 365 L(PL) 130 B Plot 4 - ground floor plan Page 11
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365 L(PL) 131 B Plot 4 - first floor plan 365 L(PL) 132 B Plot 4 - roof plan 365 L(PL) 140 B Plot 5 - ground floor plan 365 L(PL) 141 B Plot 5 - first floor plan 365 L(PL) 142 B Plot 5 - roof plan 365 L(PL) 300 B Site Sections Page 12
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Plans, drawings and other material submitted to the local authority are protected by the Copyright, Designs and Patents Act 1988 (section 47). You may only use material which is downloaded and/ or printed for consultation purposes, to compare current applications with previous schemes and to check whether developments have been completed in accordance with approved plans. Further copies must not be made without the prior permission of the copyright owner. Maps shown in the Planning Committee Report can only be used for the purposes of the Planning Committee. Any other use risks infringing Crown Copyright and may lead to prosecution or civil proceedings. Maps produced within this Planning Committee Report can only be reproduced with the express permission of the Moray Council and other Copyright holders. This permission must be granted in advance. PLANNING APPLICATION COMMITTEE SITE PLAN Site Address: R6 Dallas Dhu Mannachie Road Forres Planning Application Ref Number: 25/00279/APP Location Plan Applicant Name: Mr And Mrs M Anderson Page 13
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Location plan Page 14
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Site plan 16/ 016 Page 15
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Site plan w ith w ider m asterplan 16/ Page 16
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Landscape plan 16/ Page 17
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Elevations— Plots 1, 4 and 5 16/ Page 18
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Photo 1 16/ Page 20
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Photo 2 16/ Page 21
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PLANNING APPLICATION: 25/00279/APP In the event that a recommendation on this planning application is overturned the Committee is reminded of the advice contained on the front page of the agenda for Reports on Applications 1. THE PROPOSAL • Residential development of five dwellinghouses with associated road, landscaping, parking and drainage. • Each plot contains a double garage with a ridge height of no more than 5.1m, to be finished in vertical timber cladding and a pitched roof over in natural slate (plots 1, 2, 4, and 5) or metal profile sheeting (plot 3). • One temporary caravan per plot is proposed for use during construction works. • Four of the dwellings contain five bedrooms and one contains four bedrooms. • Each dwellinghouse design is of a simple traditional design of either single or one-and-a-half storey. • Landscaping and biodiversity enhancement are proposed and include native hedging to plot boundaries and a mix of native tree species planting both within plots and wider site. • Foul drainage will be by means of a treatment plant for each plot and thereafter to a combined foul water soakaway within the wider site. • Surface water will be by means of an individual surface water soakaway within each plot. • The dwellinghouses are proposed to be connected to the public water supply. 2. THE SITE • A 1.05ha area of ground within the Forres R6 Dallas Dhu designation for housing development land in the Moray Local Development Plan 2020. • Site is within the ‘rural edges’ character area as defined in the adopted Dallas Dhu Masterplan. • The site is bound by Mannachie Road to the west, with an area of woodland to the west and the housing development at Knockomie Braes to the north west which is nearing completion. • The remainder of the site is bounded by agricultural land that forms part of the R6 designation. Mannachie Farm and Dallas Dhu Distillery are to the south of this site. • A residential development of 24 affordable homes, 10 serviced house plots, a 40 bed space student accommodation block would lie to the north, which Page 25
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is minded to be approved under Phase 2 Dallas Dhu (24/01087/APP refers – see history below). • A high pressure gas pipeline runs to the north of the site. 3. HISTORY 22/01814/SCN - Environmental Impact Assessment (EIA) Screening Opinion submitted to Moray Council for residential development on a site designated for 136 houses at R6 Dallas Dhu, Forres. Moray Council adopted a screening opinion on 15 December 2022 stating the Environment Impact Assessment was not required. 23/01021/PAN - Proposal of Application Notice (PAN) for a residential development of a maximum of 180 units including associated facilities landscaping infrastructure roads and drainage submitted 16 June 2023. This PAN was presented to this Committee at its meeting of 15 August 2023 (minute refers) and Members agreed to highlight that the developer considers: • access concerns - access off A940 busy and access into Dallas Dhu is tight, and the impact of increased traffic caused by the development on Mannachie Road - need to monitor traffic volumes and put in any necessary safety measures; • the creation of a cycle path on Mannachie Road; • the possible impact on nearby rural roads being used as short cuts - in particular the link to the B9010 Dallas/Rafford Road; and • how any crossing of the Dava Way is addressed. 23/02061/PAN - PAN for a residential development of a maximum of 180 units and approximately 40 bedspaces of student accommodation including associated facilities landscaping infrastructure roads and drainage submitted 21 November 2023. This PAN was presented to this Committee at its meeting of 19 December 2023 (minute refers) and Members agreed that the developer should: • address the concerns previously raised under PAN ref 23/01021/PAN; and consider connectivity between the proposed student accommodation and the Glasgow School of Art Campus at Altyre, particularly in terms of active travel. 24/01087/APP - Planning permission to erect 24 affordable homes 40-bed space student accommodation and associated shared facilities 4 custom-build plots and 6 housing innovation plots and associated landscaping infrastructure roads and drainage on Phase 1 at R6 Dallas Dhu, Mannachie Road, Forres. Application reported to this Committee at its meeting of 15 March 2025 where Members were resolved to approve planning permission, subject to conclusion of a section 75 legal agreement. At the time of writing this report, the section 75 has not concluded and agreed therefore consent is yet to be issued. Page 26
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4. POLICIES National Planning Framework 4 Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 3 - Biodiversity Policy 4 - Natural places Policy 5 - Soils Policy 6 - Forestry, woodland and trees Policy 7 - Historic assets and places Policy 13 - Sustainable transport Policy 14 - Design, quality and place Policy 15 - Local living and 20 minute neighbourhoods Policy 16 - Quality homes Policy 20 - Blue and green infrastructure Policy 22 - Flood risk Policy 23 - Health and safety Moray Local Development Plan 2020 PP1 Placemaking PP2 Sustainable Economic Growth PP3 Infrastructure and Services DP1 Development Principles DP2 Housing EP1 Natural Heritage Designation EP2 Biodiversity EP7 Forestry Woodland and Trees EP12 Management and Enhancement of the Water Environment EP13 Foul Drainage EP14 Pollution Contamination & Hazards Forres - Dallas Dhu Dallas Dhu Masterplan 5. ADVERTISEMENTS • Application advertised for neighbour notification purposes. 6. CONSULTATIONS Scotland Gas Networks Ltd – No Objections. Informative to be added on works near the pipeline. Page 27
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Aberdeenshire Council Archaeology Service – No Objections subject to a condition requiring a Written Scheme of Investigation to be submitted to and approved by the planning authority. Planning And Development Obligations – Obligations sought for Transport, Healthcare and Sports and Recreation. Environmental Health Manager - No Objections subject to conditions requiring a Construction Environmental Management Plan (CEMP) and limiting construction working hours. Contaminated Land – No Objections. Transportation Manager – No objections subject to conditions requiring widening of Mannachie Road along site frontage, as well as provision of cycle crossing point from west side of Mannachie Road to serve this proposal. Conditions also recommended in respect of parking and access, including provision of visibility splays. Moray Flood Risk Management - No Objections. Scottish Water – No Objections. Further investigations may be required to be carried out when a formal application is submitted to Scottish Water. Scottish Environment Protection Agency – No Objections. Moray Access Manager - No Objections. Moray Council Other Depts – Housing - No Objections. Noted that the proposals form part of the Dallas Dhu Masterplan already approved, which defines the locations of the affordable housing required from the whole masterplan area. Therefore, no affordable housing is required from this application. Health And Safety Executive – No Objections. 7. OBJECTIONS-REPRESENTATIONS • None received 8. OBSERVATIONS 8.1 Section 25 of the 1997 Act as amended requires applications to be determined in accordance with the Development Plan i.e., the adopted National Planning Framework 4 (NPF4) and adopted Moray Local Development Plan 2020 (MLDP) unless material considerations indicate otherwise. The main issues are considered below: Page 28
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8.2 Principle of Development The site subject to this proposal forms part of the Forres R6 Dallas Dhu site, as designated in the Forres Settlement Statement. The designation text for this site contains a significant number of requirements, emphasising on the need for sustainable design, environmental preservation and infrastructure integration, requiring: • Proposals to align with the Dallas Dhu Masterplan, retaining natural features like distinctive knolls and minimising earthworks. • The northern and central areas to adopt an urban character, while the southern and eastern areas should remain rural. • Enhanced access to the Dava Way and integration with core paths, cycleways, and recreational routes is mandated. • Open spaces and play areas to align with Masterplan guidelines. • Improvements to local infrastructure, including widening of Mannachie Road and 3m cycle path along the eastern frontage, provision of bus stop infrastructure and developer contributions for public transport and junction and road improvements informed by a Transport Assessment. • Flood storage areas to be reserved and compatible with water retention, supported by a Flood Risk Assessment and Emergency Evacuation Plan. • A Phase 1 Habitat Survey, Drainage Impact Assessment, Archaeological evaluation, woodland and peat assessments to be undertaken. NPF4 Policy 16 (Quality Homes) is the Scottish Government’s national planning policy for housing, and of relevance to this proposal: • part (a) states development of new housing on land designated for housing in local development plans will be supported; and • part (c) supports proposals that improve housing affordability and choice, including self-built homes, accessible homes, affordable homes, larger family housing, as well as housing for older people, students and other specialised groups. MLDP Policy DP2 (Housing) supports housing on designated housing sites, but states that all proposals should be accompanied by a design statement that addresses the overall site layout including infrastructure provision. It requires there to be a comprehensive layout for the site in instances of piecemeal developments of a designated site, whilst also noting that housing capacity figures in site designations are indicative. Density of development is assessed on a case-by-case basis, taking account of site characteristics and context, as well as compliance with relevant policies, in particular placemaking. This proposal seeks planning permission for five dwellinghouses within the R6 Dallas Dhu Designation. Whilst there is a common simple dwellinghouse design across the units, the style and scale varies with a mix of four/five bed units and single and one-and-a-half-storey designs, all finished in high quality traditional materials. Page 29
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The following evaluation gives consideration to policy compliance, which will refer to each of the relevant designation requirements of the site. Taking account of these matters, the general principle of this proposed housing is considered suitable under the terms of NPF4 Policy 16 and MLDP Policy DP2. 8.3 Dallas Dhu Masterplan The Dallas Dhu Masterplan (the Masterplan) is a material planning consideration that sets out a framework for the development of the Forres R4 and R6 designations of the MLDP. It aims to ensure the site is developed in a co-ordinated fashion, allowing Forres to expand into its surrounding countryside with the aim of forming a seamless transition from urban to rural landscapes. It is a material planning consideration in the determination of planning applications on these designations, including this proposal. Its requirements will be considered as part of the determination of this application, particularly in respect of design and layout. The site lies within the southern part of the R6 Dallas Dhu designation and falls under the ‘Rural Edges Character Area’ as defined within the Dallas Dhu Masterplan. Phase 1 covers site R4 and lies to the north of the R6 designation. Phase 1 is subject to a pending application for 32 houses (application ref: 23/02096/APP). Phases 2 and 3 are in the north western corner of the site. Phase 2 was subject to a recent decision by this Committee, which was minded to approve an application for the development of 24 affordable houses, 10 house plots and a 40 bed student accommodation block (Minute of Planning and Regulatory Services Committee of 11 March 2025 refers). The current proposal would come under Phase 4 in terms of the phasing and delivery schedule set out in the adopted Masterplan. Whilst this proposal is for a later phase, with phase 3 to still come forward, the site subject to this application sits on its own, and the indicative layout in the masterplan shows small rural clusters of housing accessed from Mannachie Road, separate from earlier phases. Their early provision would not prejudice delivery of earlier phases of the Masterplan. Taking account of the above considerations, the proposal is not at odds with the Masterplan, and subsequently the R6 designation text requiring compliance with the Masterplan. 8.4 Siting and Design NPF4 Policy 14 (Design Quality and Place) requires proposals to be consistent with the six qualities of successful places which are healthy, pleasant, connected, distinctive, sustainable and adaptable. Proposals which are poorly designed, detrimental to the amenity of the surrounding area or inconsistent with these qualities will not be supported. MLDP Policy DP1 (Development Principles) sets out the need for the scale, density and character of development to be appropriate to the surrounding area. Page 30
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The R6 Dallas Dhu designation text states that the southern part of the designation should remain rural. Furthermore, the Masterplan designates this area as the ‘Rural Edges Character Area’ and outlines the following key design principals relevant to this site: • Houses must not present a blank gable onto Mannachie Road and dual frontage will be required. • Houses must be grouped in a traditional rural form and be sympathetic contemporary interpretation of traditional rural design (including meeting the Moray Council Rural Housing Gable/Pitch formula and avoiding excessive suburban detailing). The submitted Design and Access Statement outlines that the housing development proposed is a contemporary ‘smart clachan’ cluster of 5 homes, with individual dwellings inspired by the Scottish ‘Long House’. Houses will be positioned largely with gables facing onto the proposed access lane, to maximise views onto the wider landscape and provide an active frontage onto Mannachie Road at plots 1 and 5. Whilst the garages in plots 1 and 5 present a blank elevation to the public road, the main dwellinghouses would be orientated onto Mannachie Road, providing an ‘active frontage’ as required in the Masterplan. Additional tree planting to the south and west of the detached garage at plot 5, and to the north of the garage a plot 1 ensure the visual impact of these are minimised upon approach to the site from either the north or south. The plot layout and dwellinghouse orientation is deemed to comply with the requirements of NPF4 Policy 14, DP1 and the ideals contained in the Masterplan for the “Rural Edges Character Area”. Furthermore, each dwellinghouse would meet the gable width formula and required roof pitch in line with the Masterplan and the Rural Housing Design Requirements under MLDP Policy DP4 (which are referred to in the Masterplan). The overall dwellinghouse design is a simple, low and long building (with a ridge height of between approx. 6.1m and 6.3m), with any first-floor accommodation within the roof space. A sloped roof dormer is proposed on plots 2 and 3 however this is located to the rear and does not dominate the roof plane. Overall the proposed dwellinghouse designs are welcomed and would fit within the rural edges character requirements. In terms of materials, the Masterplan outlined the following as suitable for the rural edges character area: • Natural slate roof finish (on Mannachie Road frontage). • Wet dash render, white render and natural timber. • Natural stone frontages to replicate steadings and traditional rural buildings. • Natural timber cladding. • Contemporary modern materials such as high-quality metal sheeting including zinc and lead based roofing options. Page 31
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The dwellings are all proposed to be finished in vertical timber cladding, with a pitched roof over. Plots 1 and 5 (facing Mannachie Road) will be finished in natural slate to the roof, with the remaining plots (2, 3 and 4) to be finished in metal profile sheeting roofing in anthracite grey. All garages will be finished in vertical timber cladding with metal profile sheeting over the pitched roof. Guttering will be constructed in metal and windows in timber, painted anthracite grey. These materials are acceptable in line with the Masterplan requirements and will ensure the housing blends into the wider rural countryside beyond the R6 Designation and are considered to comply with NPF4 Policy 14 and DP1 in terms of siting and design. The Masterplan outlines that plot boundaries within the rural edges character area must be demarcated by native hedge planting, post and wire fencing and natural stone dykes. It notes that timber fencing in this character area is not appropriate. The drawings submitted show a mix of hedging to enclose the plot boundaries and this is deemed acceptable and in accordance with the Masterplan. Overall and taking account of the above matters, the proposal is design and sited in accordance with the Masterplan, as well as NPF4 Policy 14 and MLDP Policy DP1. 8.5 Access and Parking NPF4 Policy 13 (Sustainable Transport) seeks to encourage, promote and facilitate development that prioritises sustainable travel. MLDP Policies PP3 (Infrastructure and Services) and DP1 (Development Principles) require the provision of a safe entry/exit from new development, with appropriate infrastructure, parking, cycle parking and Electric Vehicle (EV) charging facilities. The Masterplan and Forres Settlement Statement of the MLDP (R6 designation and TSPs) also contain criteria from a transportation perspective. These cover a number of matters, including widening of Mannachie Road, provision of cycle infrastructure on the east side of Mannachie Road, bus stop infrastructure, as well as closure or upgrade of the road running between the A940 and Mannachie Road at Fairyhills Wood. With reference to this proposal and its relatively small scale, Transportation have identified there is a need for further widening of Mannachie Road along the site frontage to 5.5 metres. It would be disproportionate to require a cyclepath to be provided on the east side of Mannachie Road, therefore a 2.5-metre cyclepath with a crossing to the west side is considered acceptable, with future safeguarding for widening. Neither upgrade is shown on the submitted plans, however there is sufficient space safeguarded on these plans. Accordingly, suspensive conditions can be applied requiring details of these upgrades to be submitted along with their provision as part of any approval. Obligations have been sought towards public transport and forward funded upgrades that were undertaken at the Orchard Road/Thornhill Road/Grantown Road junction (as required by TSP 18). Page 32
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The remainder of transportation requirements would be delivered as part of future phases of the Masterplan area. Standard conditions in respect of parking and access, including provision of a service layby and visibility splays at the access junction have also been recommended in the Transportation consultation response. Subject to conditions as recommended, the proposal is considered to comply with NPF4 Policy 13, MLDP policies PP3 and DP1, as well as the Masterplan and R6 designation requirements insofar as they are applicable to a proposal of this scale. 8.6 Temporary Caravans A temporary caravan is proposed within each plot to provide accommodation during construction works for each dwellinghouse. The general approach to residential caravans in Moray is to grant them on a temporary basis as they are not considered to be suitable as permanent residences. On this basis a condition is recommended restricting the siting of any temporary caravan for a period of two years. 8.7 Landscaping and Biodiversity NPF4 Policy 3 (Biodiversity) and MLDP Policy EP2 (Biodiversity) seek to ensure that all development actively contributes to maintaining and enhancing biodiversity. The Masterplan outlines the following landscaping requirements: • Distinctive knolls must be retained and earthworks minimised to sensitively integrate housing into the landscape. • Appropriate landscaping must be provided to ensure that houses integrate sensitively into the landscape and read as part of the surrounding Dallas Dhu character area. • Landscaping must help mitigate the visual impact of parking where this is located at the front of buildings and where there are parking courts. It is noted that the application was submitted prior to the NPF Policy 3 Guidance being adopted however a Biodiversity Statement and Landscaping Plan have been provided with the proposals in line with NPF4 policy 3 and MLDP 2020 Policy EP2. The Biodiversity Statement outlines that the development will see a mix of tree planting species, including fruit and native tree groups and hedges which will provide additional habitat resources for a range of wildlife. A wildflower meadow will also be planted along with bee bricks on south-facing walls of each dwelling. It is also noted that a ‘hollows and knolls’ area lies further to the north and is not within this site. A condition is recommended requiring a plan which details timing for provision of landscaping and biodiversity measures to ensure compliance with NPF4 policy 3 and MLDP Policy EP2. Page 33
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8.8 Sustainability and Climate Change NPF4 Policy 10 (Tackling the Climate and Nature Crisis) and MLDP Policy 2 (Climate Mitigation and Adaptation) supports development which addresses the global climate emergency and nature crises and minimises greenhouse gas emissions as far as possible. A Carbon Statement is not required to be submitted if the development is for less than 10 units. Overall, this is a small development of five houses on a designated site within the MLDP. The applicant’s Design and Access Statement contends that the dwellings will be highly energy efficient, serviced by air source heat pumps (ASHPs), mechanical ventilation with heat recovery (MVHR) systems and solar panelling to ensure less reliance on fossil fuels. As such the proposals are deemed to comply with NPF4 Policies 1 and 2 in terms of the global climate emergency and nature crises. 8.9 Drainage and Flood Risk NPF4 Policy 22 (Flood Risk & Water Management) seeks to strengthen resilience of development to flood risk through avoidance as a first principle and reducing the vulnerability of existing/future development to flooding. It also advocates use of SuDS to ensure surface water does not increase flood risk to itself and others and supports connection to public water mains unless this is not feasible. MLDP Policy EP12 (Management and Enhancement of the Water Environment) takes a similar position. Flood Risk An area of medium risk river flooding lies to the eastern part of the site according to the SEPA maps. SEPA have been consulted and have raised no objections. SEPA outlined in their consultation response that Council modelling had been previously commissioned into the flood risk on the Mosset Burn scheme at Chapelton Dam and this indicated that the site lies outwith the flood risk area. Additionally, topographic information provided in support of the application indicates that the site rises from east to west away from the area which could be impacted by the flood storage area. Moray Flood Risk Management have raised no objections in respect of flooding. The proposal is therefore considered to comply with NPF4 Policy 22 and MLDP 2020 policy EP12 in terms of flood risk Surface Water Drainage NPF4 Policy 22 (Flood Risk & Water Management) seeks to strengthen resilience of development to flood risk through avoidance as a first principle and reducing the vulnerability of existing/future development to flooding. It also advocates use of SuDS to ensure surface water does not increase flood risk to itself and others and supports connection to public water mains unless this is not feasible. MLDP Page 34
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Policy EP12 (Management and Enhancement of the Water Environment) takes a similar position. As outlined it is proposed to install an individual surface water soakaway for each of the five plots. A Drainage Assessment has been submitted which provides details of ground testing and calculations which were undertaken to confirm ground suitability. Moray Flood Risk Management have been consulted and no objections have been raised. A condition would be applied to any final consent requiring the drainage design to be implemented as per the agreed details. Therefore subject to compliance with a condition, the proposals would comply with the surface water drainage requirements of NPF4 Policy 22 and MLDP 2020 Policy EP12. Foul Water Drainage MLDP Policy EP13 Foul Drainage requires that all development within or close to settlements (as above) of less than 2,000 population will require to connect to public sewerage except where a compelling case is made otherwise. Factors to be considered in such a case will include size of the proposed development, whether the development would jeopardise delivery of public sewerage infrastructure and existing drainage problems within the area. Where a compelling case is made, a private system may be acceptable provided it does not pose or add a risk of detrimental effects, including cumulative, to the natural and built environment, surrounding uses or amenity of the general area. Policy EP13 also places emphasis on a discharge to land via a full soakaway, where a private foul drainage system is accepted. The Masterplan also outlines that foul drainage should be pumped from the south of the development area to the high point towards the north of the site where it will connect with the public drainage system. As outlined, it is proposed to install private foul drainage for the development. The site is a designated housing site within the Forres Settlement and therefore there is a requirement under MLDP Policy 13 to connect to the public sewer, except where a compelling case is made otherwise. Concern was raised to the agent upon initial receipt of the application regarding the proposal not to connect to the public sewer, largely as this was in direct conflict with MLDP Policy EP13 and the Masterplan. Following a site meeting with the agent and applicant and submission of an additional supporting statement, it was outlined that the site sits approx. 550m to the south of the nearest public sewer. A high-pressure gas pipeline also runs to the north (with an associated stand-off line of 32 metres). Additional consultation was undertaken with SEPA and Scottish Water on this matter. SEPA confirmed that SEPA Water Permitting will generally identify a development as being near to the public sewer by multiplying the number of domestic properties by 30m. For Page 35
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this development the screening distance is 150m and the distance to the nearest sewer is approx. 550m to the north. SEPA further outlined therefore that private foul drainage could potentially be authorised in this case however the technical difficulty in crossing the high pressure gas pipeline would need to be qualified to provide appropriate justification. An indicative figure of approx. £231,000 (excluding VAT) was provided in the agent’s statement for pipework to connect the development to the nearest sewer. Scottish Water have indicated to the Council that the costs of a sewer connection may actually be higher than the agent’s estimate. Recognising this proposal is for 5 houses, it is therefore deemed in this case the requirement to connect to the public sewer would not be viable for a development of this scale. High Pressure Gas Pipeline A high pressure gas pipeline runs to the north of the site. HSE were consulted on the application and no objections were raised. SGN were also consulted and whilst an initial objection was returned, following a site meeting to be undertaken to identify the location of the pipeline in relation to the proposed dwellings, the objection was subsequently lifted. An informative would be recommended to be added to any final consent reminding the developer of the work within proximity of the pipeline during construction works. Therefore, the proposals are deemed to comply with the requirements of NPF4 Policy 23 and MLDP Policy EP14. 8.10 Cultural Heritage NPF4 Policy 7 (Historic Assets and Places) notes that where there is potential for non-designated buried archaeological remains to exist below a site, developers should provide evaluation of the site at an early stage. This policy also seeks to ensure that any proposals affecting the setting of a listed building should preserve its character and special interest. MLDP Policy EP8 (Historic Environments) seeks to ensure that there is no adverse effect on sites of local archaeological importance or the integrity of their settings. The site occupies an area which is in close proximity to archaeological sites evidencing prehistoric and medieval activity. This indicates the potential for further, previously unrecorded, archaeological remains to survive within the proposed development site. The Council’s Archaeologist has been consulted and has raised no objections however has recommended a condition requiring a Written Scheme of Investigation (WSI) to be submitted to the Council, with a requirement for post excavation analysis should it be required. Subject to condition requiring this, the proposal is considered to comply with NPF4 Policy 7 and MLDP Policy EP8. Page 36
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8.11 Developer Obligations NPF4 Policy 18 (Infrastructure first) and MLDP Policy PP3 (Infrastructure and Services) alongside the Council's Supplementary Guidance on Developer Obligations, identify instances where developer obligations are necessary to mitigate the impact of a proposal on local services and infrastructure. The Developer Obligations team have been consulted and have provided a report identifying obligations required towards Transport (Contribution towards public transport and Orchard Road/Thornhill Road junction improvement), Healthcare (extension at Forres Health Centre, 2 additional dental chairs and reconfiguration of existing pharmacy outlets), and Sports and Recreation (3G pitch in Forres). These obligations would require to be paid should the application be approved. Alternatively, a section 75 agreement can be secured prior to the issuing of any planning consent. 8.12 Affordable Housing NPF4 Policy 16 (Quality Homes) seeks to encourage, promote and facilitate delivery of high quality affordable and sustainable homes providing choice across tenures that meet diverse housing needs. MLDP Policy DP2 (d) (Housing) requires that 25% of units are provided for affordable housing. It is noted that no affordable units are proposed as part of this development but that 24 affordable units are consented as part of application 24/01087/APP (subject to completion of legal agreement). Housing have been consulted as part of this application and no objections have been raised. It is noted that no affordable housing is required for these proposals as the affordable housing already approved under Phase 1 meets the requirements as set out in the adopted Dallas Dhu Masterplan. It is further noted that Accessible Housing (under DP2(f)) is not applicable as the number of units is fewer than 10. The proposals are therefore deemed to comply with NPF4 Policy 16 and DP2(d) insofar as the affordable housing requirements have already been met within the wider Masterplan site. 8.13 High-pressure Gas Pipeline As noted under Site Description, the Inverness to Aberdeen High Pressure Gas Pipeline runs to the north of this site. The HSE does not advise against the granting of planning permission of this proposal, whilst the pipeline operator (SGN) has raised no objections to the proposal. An informative note drawing the developer’s attention to safe working practices is recommended. 8.14 Zero Waste NPF4 Policy 12 (Zero Waste) seeks to reduce waste in accordance with the waste hierarchy. Page 37
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This proposal includes a bin store area for the dwellings to the west of plot 5 and this will be used to manage general household waste and recycling bins which will encourage segregation of waste and recycling materials and minimise cross contamination. On this basis, the requirements of NPF Policy 12 are met. Conclusion and Recommendation This proposal represents a modern interpretation of traditional rural design, which complies with the aims of the Dallas Dhu Masterplan, as well as the site criteria for the Forres R6 Dallas Dhu designation. Approval is recommended subject to conditions, but to withhold issue of consent until developer obligations have been secured. REASON(S) FOR DECISION The Council’s reason(s) for making this decision are: - The development complies with the provisions of the development plan (namely National Planning Framework 4 and the Moray Local Development Plan 2020), as well as the adopted Dallas Dhu Masterplan, and there are no material considerations that indicate otherwise. Author/Contact Officer: Andrew Miller Acting Principal Planning Officer Ext: 01343 563274 Beverly Smith Acting Head of Economic Growth and Development Page 38