Minute of meeting of 16 December 2024
Perth and Kinross Council · 27 January 2025
Back to Local Review Body — 27 January 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
3 PERTH AND KINROSS LOCAL REVIEW BODY Minute of hybrid meeting of the Perth and Kinross Local Review Body held on Monday 16 December 2024. Present: Councillor B Brawn, Bailie C McLaren and Bailie M Williamson. In Attendance: L Tierney (Planning Adviser), C Elliott, (Legal Adviser) and A Brown (Democratic Support Officer) (all Legal and Governance). Also Attending: S Dockerill and M Pasternak (both Legal and Governance). Councillor B Brawn, Convener, Presiding 1. WELCOME Councillor Brawn welcomed all present to the meeting. 2. DECLARATIONS OF INTEREST There were no Declarations of Interest made in terms of the Councillors Code of Conduct. 3. MINUTES The minute of meeting of the Local Review Body of 11 November 2024 was submitted and noted. 4. APPLICATIONS FOR REVIEW (i) LRB-2024-33 Review of Condition 9b) imposed on planning permission 24/00469/FLL (Erection of a replacement dwellinghouse at Rivenswift, 3 Dunsinnan Road, Wolfhill, Perth, PH2 6TL) – Mr M Lowrie This Notice of Review, seeking a review of Condition 9b) imposed on planning permission 24/00469/FLL (Erection of a replacement dwellinghouse at Rivenswift, 3 Dunsinnan Road, Wolfhill, Perth, PH2 6TL), considered at the meeting of the Local Review Body on 16 September 2024, was brought back to be considered anew by members as a Design and Access Statement had been omitted from the previous set of papers. The Planning Adviser displayed photographs of the site and described the proposal, and thereafter summarised the Appointed Officer’s Report of Handling and the grounds set out in the Notice of Review.
Page 2
Decision: Resolved by unanimous decision that: (i) having regard to the material before the Local Review Body and the comments from the Planning Adviser, sufficient information was before the Local Review Body to determine the matter without further procedure. Thereafter, resolved by majority decision that: (ii) the review application for 9b) imposed on Planning Permission 24/00469/FLL (Erection of a dwellinghouse at Rivenswift, 3 Dunsinnan Road, Wolfhill, Perth, PH2 6TL), be refused and Condition 9b) to continue to read as follows: 9. b) a detached garage set back from the dwelling, shall be submitted to and approved in writing by the Council as Planning Authority. The approved details shall thereafter be implemented in full. Justification The proposed removal of Condition 9b) is not in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Note Councillor B Brawn dissented from the majority opinion. He considered that the proposed amendment to Condition 9 was reasonable, accorded with the general massing of properties in the area and thus accorded with the Development Plan. Therefore, the Appointed Officer’s decision should be overturned. (ii) LRB-2024-44 23/02101/FLL - Change of use of and alterations to agricultural storage building to form dwellinghouse, land 160 metres north east of Logie Brae Farm, Craigie, Clunie – Mr and Mrs Duncan Members considered a Notice of Review seeking a review of the decision by the Appointed Officer to refuse change of use of and alterations to agricultural storage building to form dwellinghouse, land 160 metres north east of Logie Brae Farm, Craigie, Clunie. The Planning Adviser displayed photographs of the site and described the proposal, and thereafter summarised the Appointed Officer’s Report of Handling and the grounds set out in the Notice of Review. Decision: Resolved by unanimous decision that: (i) having regard to the material before the Local Review Body and the comments from the Planning Adviser, sufficient information was before the Local Review Body to determine the matter without further procedure. Thereafter, resolved by unanimous decision that: (ii) the review application for change of use of and alterations to agricultural storage building to form dwellinghouse, land 160
Page 3
metres north east of Logie Brae Farm, Craigie, Clunie, be refused for the following reason: 1. It has not been demonstrated that the total phosphorous discharge from the development will not exceed the current level permitted by an existing SEPA CAR discharge consent licence/authorisation, in accordance with the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (as amended). In addition, the proposed (current) private drainage system is outwith the planning application site which reduces the ability for any potential conditional control. In consequence, the proposal is contrary to Policy 45 (Lunan Lochs Catchment Areas) of the adopted Perth and Kinross Local Development Plan 2 (2019) which seeks to protect the environmentally sensitive lochs by controlling foul drainage arrangements for new developments. Justification The proposal is not in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. (iii) LRB-2024-45 24/00902/FLL - Erection of replacement dwellinghouse, garage and associated works, Thistlebridge, Stanley, Perth, PH1 4PW – Mr I Carling Members considered a Notice of Review seeking a review of the decision by the Appointed Officer to refuse erection of replacement dwellinghouse, garage and associated works, Thistlebridge, Stanley, Perth, PH1 4PW. The Planning Adviser displayed photographs of the site and described the proposal, and thereafter summarised the Appointed Officer’s Report of Handling and the grounds set out in the Notice of Review. Decision: Resolved by unanimous decision that: (i) having regard to the material before the Local Review Body and the comments from the Planning Adviser, sufficient information was before the Local Review Body to determine the matter without further procedure. Thereafter, resolved by unanimous decision that: (ii) the review application for erection of replacement dwellinghouse, garage and associated works, Thistlebridge, Stanley, Perth, PH1 4PW, be refused for the following reasons: 1. The location of the replacement dwelling does not respect the siting and location of the existing house in terms of its distance from the road or general locality, and limited justification for a substantial relocation has been brought proposed. The proposal is therefore contrary to the Council’s Housing in the Countryside Policies as
Page 4
contained within the adopted Perth and Kinross Local Development Plan 2 (2019) (Policy 19) and its statutory supplementary guidance of 2020 (Housing in the Countryside). Both these policies seek to ensure that replacement houses respect the location and siting of the existing dwelling, unless there is proven justification why another suitable location would create a better landscape fit. 2. As the proposal is not explicitly supported by policies contained within the adopted Perth and Kinross Local Development Plan 2 (2019), the proposal is contrary to Policy 9(b) (Brownfield, Vacant and Derelict Land and Empty Buildings) of the National Planning Framework 4 (2023), which only supports new development on greenfield land when it is supported by relevant Local Development Plan policies. Justification The proposal is not in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. (iv) LRB-2024-46 24/01037/IPL - Erection of a dwellinghouse (in principle), land 25 metres south of 11 Kinfauns Holdings, West Kinfauns, Perth – Mr and Mrs Doig Members considered a Notice of Review seeking a review of the decision by the Appointed Officer to refuse erection of a dwellinghouse (in principle), land 25 metres south of 11 Kinfauns Holdings, West Kinfauns, Perth. The Planning Adviser displayed photographs of the site and described the proposal, and thereafter summarised the Appointed Officer’s Report of Handling and the grounds set out in the Notice of Review. Decision: Resolved by unanimous decision that: (i) having regard to the material before the Local Review Body and the comments from the Planning Adviser, sufficient information was before the Local Review Body to determine the matter without further procedure. Thereafter, resolved by majority decision that: (ii) the review application for erection of a dwellinghouse (in principle), land 25 metres south of 11 Kinfauns Holdings, West Kinfauns, Perth, be refused for the following reason: 1. The proposed development, to the front of the existing dwellinghouse, will have a significant detrimental impact on the distinct character and building pattern of the area. Such tandem development will not contribute positively to the surrounding built and natural environment and would set a precedent for similar undesirable proposals. The
Page 5
proposed development is therefore contrary to National Planning Framework 4 (2023), Policy 14, Design Quality and Plan, and Policy 16, Quality Homes. It is also contrary to Perth and Kinross Local Development Plan 2 (2019) Policy 1A and 1Bd), Placemaking, Policy 17, Residential Areas and to Perth and Kinross Placemaking Supplementary Guidance (2020). Justification The proposal is not in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Note Bailie C McLaren dissented from the majority opinion. She considered that although there will be a visual impact it would not be detrimental as it reflects the building pattern along the streetscape and doesn’t detract from the visual amenity and therefore the Appointed Officer’s decision should be overturned. (v) LRB-2024-48 23/02091/FLL - Part demolition of garage outbuilding, erection of a dwellinghouse and formation of decking, Cottage of Clunie, Forneth, Blairgowrie, PH10 6SG – Ms J Maxwell Members considered a Notice of Review seeking a review of the decision by the Appointed Officer to refuse part demolition of garage outbuilding, erection of a dwellinghouse and formation of decking, Cottage of Clunie, Forneth, Blairgowrie, PH10 6SG. The Planning Adviser displayed photographs of the site and described the proposal, and thereafter summarised the Appointed Officer’s Report of Handling and the grounds set out in the Notice of Review. Decision: Resolved by unanimous decision that: (i) having regard to the material before the Local Review Body and the comments from the Planning Adviser, sufficient information was before the Local Review Body to determine the matter without further procedure. Thereafter, resolved by unanimous decision that: (ii) the review application for part demolition of garage outbuilding, erection of a dwellinghouse and formation of decking, Cottage of Clunie, Forneth, Blairgowrie, PH10 6SG, be refused for the following reasons: 1. The proposal is contrary to Policy 17 Rural Homes of the National Planning Framework 4 (2023) as the site does not meet any of the applicable criteria set out in category a)i) – viii). 2. The proposal is contrary to Policy 19 of the Perth and Kinross Local Development Plan 2 (2019) and the associated Housing in the Countryside Supplementary
Page 6
Guidance (March 2020) as it does not meet any of the criteria within the categories 1) Building Groups, 2) Infill sites, 3) New houses in the open countryside, 4) Renovation or replacement of houses, 5) Conversion or replacement of redundant non-domestic buildings and 6) Development on rural brownfield land. In particular there is not a building group present as defined, and the site does not meet the infill criteria as the telephone exchange is not the equivalent size of a cottage. 3. The proposal is contrary to Policy 45A Lunan Lochs Catchment Area, of the Perth and Kinross Local Development Plan 2 (2019). The site lies within the Lunan Lochs Catchment Area where phosphorus mitigation is required to protect the Lunan Lochs SAC. No details of phosphorus mitigation have been submitted. Justification The proposal is not in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan.