Minute of meeting of 27 January 2025
Perth and Kinross Council · 24 February 2025
Back to Local Review Body — 24 February 2025 and its agenda
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Perth and Kinross Local Review Body Minute of hybrid meeting of the Perth and Kinross Local Review Body held on Monday 27 January 2025. Present: Councillor B Brawn, Councillor K Allan and Bailie C McLaren. In Attendance: L Tierney (Planning Adviser); C Elliott, (Legal Adviser); and A Brown (Democratic Support Officer) (all Legal and Governance). Also Attending: M Pasternak and R Ramsay (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 16 December 2024 was submitted and noted. 4. Applications For Review (i) LRB-2024-49 24/00957/IPL - Erection of dwellinghouse (in principle), land 40 metres south west of Witchill, Kinnoull Terrace, Perth – Mr J Munro Members considered a Notice of Review seeking a review of the decision by the Appointed Officer to refuse erection of dwellinghouse (in principle), land 40 metres south west of Witchill, Kinnoull Terrarce, 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. 3
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Thereafter, resolved by unanimous decision that: (ii) the review application for erection of dwellinghouse (in principle), land 40 metres south west of Witchill, Kinnoull Terrace, Perth, be refused for the following reasons: 1. Due to the elevated position and prominent location development of the site would adversely affect the density, character and visual amenity of the existing area and would not contribute positively to the surrounding built and natural environment. As such it would be contrary to Policy 1A and 1B b) and d) Placemaking and Policy 17, Residential Area of the Perth and Kinross Local Development Plan 2 (2019) and to Policy 14, Design, Quality and Place, of National Planning Framework 4 (2023) which seek to ensure development is compatible with the amenity and character of the area, considers and respects site topography and important views together with respecting an existing building line. 2. The proposed development does not respect the historic pattern or density of development in relation to adjacent residential properties and would result in development that would detract from the residential and visual amenity of the character and appearance of the Kinnoull Conservation Area. The proposal is therefore contrary to Policy 27A, Conservation Areas, of the Perth and Kinross Local Development Plan 2 (2019) and Policy 7, Historic Assets and Places, of National Planning Framework 4 (2023) which both seek to ensure that the architectural and historic character of Conservation Areas is preserved or enhanced, including protecting existing cultural heritage from inappropriate development. 3. Policy 28A, Conservation Areas, of the Perth and Kinross Local Development Plan 2 (2019) requires that development in a conservation area is subject to submission of a detailed application and an appropriate design statement. The indicative plans are of poor quality and the design statement is inadequate as it does not explain and illustrate the design principles or how the proposal has been developed as the best response to the context. The proposal is therefore contrary to PAN 68: Design Statements, Policy 28A, Conservation Areas, and Policy 2, Design Statements, of the Perth and Kinross Local Development Plan 2 (2019). 4. The proposed development encroaches on the setting of Category B listed Witchill and will have a detrimental impact on its setting and on other neighbouring listed buildings. The proposal is therefore contrary to Policy 28A of the Perth and Kinross Local Development Plan 2 (2019), Historic Assets and Places and Policy 7, Historic Assets and Places of the National Planning Framework 4 (2023) which seeks to ensure that the setting of listed buildings are safeguarded, and that cultural heritage is protected from inappropriate development.
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5. No information has been submitted to assess the impact on biodiversity and protected species from the proposed development and no information has been provided as to how the proposal will enhanced biodiversity. The proposal is therefore contrary to Policy 41, Biodiversity, of the Perth and Kinross Local Development Plan 2 (2019) and Policy 3, Biodiversity, of National Planning Framework 4 (2023) which both require proposals to demonstrate that they will protect and enhance biodiversity. 6. Insufficient information has been submitted to assess the impact of the proposal on existing trees and as such it is contrary to Policy 40A e) and 40B, Trees, Woodland and Development, of the Perth and Kinross Local Development Plan 2 (2019) and Policy 6, Forestry, Woodland and Trees of National Planning Framework 4 (2023). 7. Approval of the application would constitute an increased risk to pedestrian and traffic safety due to the sub- standard access from Kinnoull Terrace onto Bowerswell Road. The proposals are therefore contrary to Policy 60B of the Perth and Kinross Local Development Plan 2 (2019) and to Policy 13b) Sustainable Transport of National Planning Framework 4 (2023) as the transport requirements and impact of the proposed development have not been fully considered and addressed. Justification The proposal is not in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. (ii) LRB-2024-50 24/01079/FLL - Change of use of flat to short-term let accommodation unit, 4A Breadalbane Terrace, Aberfeldy, PH15 2AG – Mr M Pickersgill Members considered a Notice of Review seeking a review of the decision by the Appointed Officer to refuse change of use of flat to short term let accommodation unit, 4A Breadalbane Terrace, Aberfeldy, PH15 2AG. 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.
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Thereafter, resolved by unanimous decision that: (ii) the review application for change of use of flat to short term let accommodation unit, 4A Breadalbane Terrace, Aberfeldy, PH15 2AG, be refused for the following reasons: 1. The proposed change of use is contrary to Policy 30(e): Tourism of National Planning Framework 4 (2023) as the proposal results in: i) An unacceptable impact on local amenity and character of the area. 2. The proposal is contrary to National Planning Framework 4 (2023) Policy 14(c): Design, Quality and Place and Perth and Kinross Local Development Plan 2 (2019), Policies 1A: Placemaking and Policy 17: (d) Residential Areas as the short-term let accommodation adversely impacts on the amenity of neighbouring residents and the short-term let use is not compatible with the amenity and character of the residential flatted block and surrounding predominantly residential area. 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-2024-51 24/00545/FLL – Erection of a fence (in retrospect), 117 Glenearn Road, Perth, PH2 0NW – Mr S Ferguson Members considered a Notice of Review seeking a review of the decision by the Appointed Officer to refuse erection of a fence (in retrospect), 117 Glenearn Road, Perth, PH2 0NW. 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 a fence (in retrospect), 117 Glenearn Road, Perth, PH2 0NW, be refused for the following reason: 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.
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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. 5. Applications for Review Previously Deferred (i) LRB-2024-40 23/01610/FLL – Demolition of buildings and erection of 3 agricultural buildings, formation of hardstanding and associated works, The Castle Farm, Methven, Perth, PH1 3SU – HC Pilkington Trust Members considered a Notice of Review seeking a review of the decision by the Appointed Officer to refuse demolition of buildings and erection of 3 agricultural buildings, formation of hardstanding and associated works, The Castle Farm, Methven, Perth, PH1 3SU. 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. It was noted that, at its meeting of 11 November 2024, the Local Review Body resolved that insufficient information was before them to determine the application without further procedure: (i) once available, Development Management to review and comment on the decision of the DPEA for LBA-340-2036; (ii) the applicant to review and comment on the decision from DPEA and the response from Development Management as per (i) above. With the DPEA reporter’s decision having been provided and comments having been received, the Local Review Body reconvened. 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 demolition of buildings and erection of 3 agricultural buildings, formation of hardstanding and associated works, The Castle Farm, Methven, Perth, PH1 3SU, should be granted, subject to the imposition of relevant terms, conditions and informatives.
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Justification Although this proposal is contrary to policy, due to the business operation of a farm onsite and that the buildings already there are not being capable of use for modern farming, the proposal should be granted.