(b) Planning Decision Notice, Report of Handling and Reference Documents (Pages 203-222)
Perth and Kinross Council · 27 January 2025
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4(iii)(b) LRB-2024-51 LRB-2024-51 24/00545/FLL – Erection of a fence (in retrospect), 117 Glenearn Road, Perth, PH2 0NW PLANNING DECISION NOTICE REPORT OF HANDLING REFERENCE DOCUMENTS
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1 REPORT OF HANDLING DELEGATED REPORT Ref No 24/00545/FLL Ward No P10- Perth City South Due Determination Date 6th August 2024 Extended to 4th October 2024 Draft Report Date 18th September 2024 Report Issued by David Rennie Date 18th September 2024 PROPOSAL: Erection of a fence (in retrospect) LOCATION: 117 Glenearn Road Perth PH2 0NW Summary: This report recommends refusal of the application as the development is considered to be contrary to the relevant provisions of the Development Plan and there are no material considerations apparent which justify setting aside the Development Plan. Background and description of proposal The application property is an end of terrace dwellinghouse situated in a residential area of Perth. Full planning permission is sought to erect a fence along part of the southern boundary of the site. As the fence has already been erected, the application is in retrospect. Some of the fence is less than 1 metre in height and is permitted development. As such, this assessment relates only to the sections of the fence that exceed 1 metre in height. Site history 88/00781/FUL Erection of a garage at 7 July 1988 Application Approved Pre-application consultation Pre application Reference: n/a Development Plan The Development Plan for the area comprises National Planning Framework 4 (NPF4) and the Perth and Kinross Local Development Plan 2 (2019) (LDP2). National Planning Framework 4 The National Planning Framework 4 (NPF4) is the Scottish Government’s long-term spatial strategy with a comprehensive set of national planning policies. This strategy sets out how to improve people’s lives by making sustainable, liveable and productive spaces.
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2 NPF4 was adopted on 13 February 2023. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. The Council’s assessment of this application has considered the following policies of NPF4: Policy 16: Quality Homes Perth and Kinross Local Development Plan 2 – Adopted November 2019 The Local Development Plan 2 (LDP2) is the most recent statement of Council policy and is augmented by Supplementary Guidance. The principal policies are: Policy 1A: Placemaking Policy 1B: Placemaking Policy 17: Residential Areas Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals National guidance The Scottish Government expresses its planning policies through The National Planning Framework, Planning Advice Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars. Planning Advice Notes The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: PAN 40 Development Management Designing Streets 2010 Designing Streets is the policy statement in Scotland for street design and changes the emphasis of guidance on street design towards place-making and away from a system focused upon the dominance of motor vehicles. It was created to support the Scottish Government’s place-making agenda, alongside Creating Places. Consultation responses Transportation And Development First response: More information is required (namely additional drawings showing visibility splays) for Transport Planning to be in a position to support this proposal.
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3 Second response (following the submission of visibility splays): Glenlyon Road, on approach to the Glenearn junction, is subject to a speed limit of 30mph. In accordance with the standards outlined in Designing Streets, a visibility splay of 43 metres x 1.05 metres (measured 2.4 metres back from the carriageway) is required to be demonstrated. On request, the applicant has submitted drawings detailing the visibility splay from Glenearn Road (service road) onto Glenlyon Road. The submitted drawings demonstrate that the applicant is not able to achieve the 43-metre splay after the erection of the fence. Transportation and Development is thus not able to support this application. Representations One letter of objection was received. Concerns were raised that the fence blocks the view of traffic coming down Glenlyon Road; these concerns are addressed in the Appraisal section later in this report. Concerns were also raised that the fence may affect a right of access to another property. This is a civil matter to be resolved between the parties involved, who may wish to seek legal advice in this regard. Additional Statements Received: Screening Opinion EIA Not Required Environmental Impact Assessment (EIA): Environmental Report Not applicable Appropriate Assessment under Habitats Regulations Habitats Regulations AA Not Required Design Statement or Design and Access Statement Not Required Report on Impact or Potential Impact eg Flood Risk Assessment Not Required Appraisal Sections 25 and 37 (2) of the Town and Country Planning (Scotland) Act 1997 require that planning decisions be made in accordance with the development plan unless material considerations indicate otherwise. The Development Plan comprises NPF4 and the Perth and Kinross Local Development Plan 2019. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. In terms of other material considerations, involving considerations of the Council’s other approved policies and supplementary guidance, these are discussed below only where relevant. The determining issues in this case are whether; the proposal complies with development plan policy; or if there are any other material considerations which justify a departure from policy.
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4 Policy Appraisal Developments which are incidental to the enjoyment of an existing domestic dwellinghouse are generally considered to be supportable in principle. Nevertheless, consideration must be given to the specific details of the proposed development, within the context of the application site, and whether it would have an adverse impact on visual or residential amenity or the character and appearance of the place. Assessment of the proposal against the relevant policies is provided below. Design, Layout and Visual Amenity The fence is a 1.95-metre-tall timber fence. It has been erected to the side of the house; some of the fence runs across the garden of the property and part of it is situated immediately adjacent to the pavement at the side of Glenlyon Road. In terms of visual amenity, the fence is appropriate for this domestic setting and there are fences of a similar design adjacent to pavements in the wider area. As such, the proposal does not have a detrimental impact on the character or environmental quality of the application property or the surrounding area and is in accordance with Policy 16(g)(i) of NPF4 and Policies 1A and 1B of LDP2. Residential Amenity Given the nature of the proposal, the fence is not detrimental to the residential amenity of the application property or neighbouring properties. As such, the proposal is in accordance with Policy 16(g)(ii) of NPF4 and Policy 17 of LDP2. Road Safety The fence has been erected to the west of the junction between a service road (which serves the houses on Glenearn Road) and Glenlyon Road where it joins the main carriageway of Glenearn Road. The layout of the junction is shown below.
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5 The applicant has provided a drawing showing the visibility splay from the service road looking west along Glenlyon Road. In their consultation response, Transportation and Development have advised that they are not able to support this application as the submitted drawings demonstrate that the applicant is not able to achieve the required 43-metre visibility splay after the erection of the fence. To further assess the impacts on the visibility of drivers exiting the service road (which is not a one-way street) on to the junction of Glenlyon Road and Glenearn Road, the case officer drove out of the service road. The layout of the junction is not straightforward. Due to its height, design and proximity to the carriageway, the fence significantly restricts the view to the west. Due to the fence, it is necessary to move forward of the white line to see adequately to the west, and the fence makes the awkward junction even harder to negotiate. Based on a review of Google Street View images, prior to the erection of the fence, there were trees in the garden of the application property that may have reduced the visibility looking west from the end of the service road. However, the trees did not form a solid barrier and allowed a better view compared to the situation following the erection of the fence. Given the impact on the visibility at the junction, the fence is contrary to Policy 60B(a) of the Perth and Kinross Local Development Plan 2 which requires development proposals to be designed for the safety of all road users. Developer Contributions The Developer Contributions Guidance is not applicable to this application and therefore no contributions are required in this instance. Economic Impact The economic impact of the proposal is likely to be minimal and limited to the construction phase of the development. Planning obligations and legal agreements None required. Direction by Scottish Ministers None applicable to this proposal. Conclusion and reasons for decision To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to be contrary to the Development Plan. Account has been taken of the relevant material considerations and none has been found that would justify overriding the Development Plan.
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6 Accordingly the proposal is refused on the grounds identified below. Reason for Refusal 1. The fence, by virtue of its height, design and proximity to the carriageway, is detrimental to the visibility of road users, especially drivers who are exiting the service road and joining the junction of Glenlyon Road and Glenearn Road. Approval would therefore be contrary to Policy 60B(a) of the Perth and Kinross Local Development Plan 2 which requires development proposals to be designed for the safety of all road users. Justification The proposal is not in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1. Following the refusal of this retrospective application, the applicant should be aware that this matter is now being referred to the Planning Enforcement Team. Procedural Notes Not Applicable. Plans and documents relating to this decision 02 03 04 05
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