Partnership to appeal council decision
A Perthshire landowning partnership is challenging the local authority’s decision not to permit workers to move 1500 tonnes of soil from a farm in Errol to another farm eight miles away.
The Morris Leslie Partnership has asked the Scottish Government to consider overturning Perth and Kinross Council’s refusal of a recent application for a certificate of lawfulness for the transfer.
The partnership said in supporting documents it wants to move soil from East Leys Farm in Errol to Gracefield and Gairndrum Farm in St Martins near Balbeggie“to enable the growing of crops on an area of land that is currently unproductive”.
But PKC refused to grant a certificate of lawfulness for the transfer earlier this year, arguing the proposed activity at both farms goes beyond permitted development rights.
Lawyers Brodies LLP previously argued on Morris Leslie’s behalf:“The proposal is lawful because planning permission is deemed to be granted by either class 19 and/or class 20 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992.”
But PKC’s report of handling said:“The applicant is of the opinion that the activities at Errol are covered by a combination of class 19 and 20 of the GPDO. The council disagrees.
“As the two sites are not the same agricultural unit, the works at Errol (and the movement of soil to Balbeggie) do not accord with class 19.”
And the report said of claims the soil was going to be used partly to“improve drainage”at St Martins:“No information has been submitted to demonstrate how imported ... soil will improve drainage on an area which has recently been cleared of a rock outcrop.
“It has therefore not been demonstrated that the works at Balbeggie fall within class 20 or 19.”
Brodies LLP have now asked the government’s Planning and Environmental Appeals Division (DPEA) to review the council’s reasons for refusal and consider overruling them.
“It is clear from the report of handling that the council has failed to understand the nature of the application and their duties in respect of the application,”the lawyers said in their statement of appeal.
The document also shows the Morris Leslie Partnership wants PKC to pay its expenses for pursuing the case.
The DPEA has confirmed the appeal is in order and has asked PKC to provide a response.