(b) Planning Decision Notice, Report of Handling and Reference Documents (Pages 465-504)
Perth and Kinross Council · 26 May 2025
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4(iii)(b) LRB-2025-06 LRB-2025-06 24/01518/FLL – Erection of a dwellinghouse, land 55 metres south east of Ashlea, Middlebank Farm, Errol, Perth, PH2 7SX Planning Decision Notice Report Of Handling Reference Documents
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1 Report of Handling Delegated Report Ref No 24/01518/FLL Ward No P1- Carse Of Gowrie Due Determination Date 20th December 2024 Draft Report Date 18th December 2024 Report Issued by Alma Bendall Date 18/12/24 Proposal: Erection of a dwellinghouse Location: Land 55 Metres South East of Ashlea Middlebank Farm Errol Perth PH2 7SX 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 Application site relates to the northernmost section of a rectangularly shaped, parcel of unused agricultural land, located adjacent to the Golf Driving Range at Middlebank, within the Carse of Gowrie. The local area is characterised by interspersed traditional agricultural holdings and an associated variety of storage buildings of differing ages, materials and uses. A line of poplar trees run down either side of the driving range and make a prominent feature in the otherwise, flat landscape. The A90 Trunk Road exists further to the north. A shared private access road exits from/leads onto the southbound section of the dual carriageway, serving the buildings at Middlebank Farm. It borders the northern and eastern sides of the site, running southwards before linking with the minor public road network that leads eastwards to The Grange or westwards towards the Horn Milk Bar. This submission is seeking approval for a detached dwellinghouse with accommodation on two levels. A separate application has been submitted in the field to the northeast, for a vehicle service and repair workshop, formation of hardstanding and associated works – 24/015201FLL refers. Site History None for this location, extensive elsewhere at the farm. Pre-Application Consultation Pre application Reference: None undertaken.
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2 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. 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 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 & Trees Policy 9: Brownfield, Vacant & Derelict Land and Empty Buildings Policy 12: Zero Waste Policy 13: Sustainable Transport Policy 14: Design, Quality and Place Policy 17: Rural Homes Policy 18: Infrastructure First Policy 19 Heating and Cooling Policy 26: Business and Industry Policy 29: Rural Development 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 5: Infrastructure Contributions Policy 6: Settlement Boundaries Policy 19: Housing in the Countryside Policy 39: Landscape Policy 40A: Forest, Woodland and Trees Policy40B: Trees Woodland and Development Policy 41: Biodiversity Policy 51: Soils Policy 53B: Water Environment and Drainage: Foul Drainage Policy 53C: Water Environment and Drainage: Surface Water Drainage
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3 Policy 56: Noise Pollution Policy 58A: Contaminated and Unstable Land: Contaminated Land Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance - Supplementary Guidance - Air Quality (adopted in 2020) - Supplementary Guidance - Airfield Safeguarding (adopted in 2020) - Supplementary Guidance - Delivering Zero Waste (adopted in 2020) - Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2020) - Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020) - Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) - Supplementary Guidance - Housing in the Countryside (adopted in 2020) - Supplementary Guidance - Landscape (adopted in 2020) - Supplementary Guidance - Placemaking (adopted in 2020) Other Policies Non Statutory Guidance - Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC - Planning Guidance - Planning & Biodiversity - Supplementary Guidance - Renewable & Low Carbon Energy (draft) 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 PAN 51 Planning, Environmental Protection and Regulation PAN 61 Planning and Sustainable Urban Drainage Systems PAN 68 Design Statements PAN 69 Planning and Building standards Advice on Flooding PAN 75 Planning for Transport PAN 77 Designing Safer Places
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4 Creating Places 2013 Creating Places is the Scottish Government’s policy statement on architecture and place. It sets out the comprehensive value good design can deliver. It notes that successful places can unlock opportunities, build vibrant communities and contribute to a flourishing economy and set out actions that can achieve positive changes in our places. 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. National Roads Development Guide 2014 This document supports Designing Streets and expands on its principles and is considered to be the technical advice that should be followed in designing and approving of all streets including parking provision. Consultation Responses Internal: Community Waste Advisor (Environment Service) – no comments received. Transportation And Development, have raised no objections, but noted that layout does not meet with Building Warrant requirements in respect that the WWTP is located over 25 metres away from the shared access and will require access for desludging lorries. Development Contributions Officer – has advised that the site is within the catchment area of Inchture Primary School which is operating over the prescribed marker and as such Education contributions of £6 300.00 would be required. External: Transport Scotland – have made no objections to the proposals. Representations Two representations have been received, one from a neighbouring resident. Both parties have raised similar concerns in respect of: loss of agricultural prime land adverse residential impacts incompatibility with policy or objectives lack of established business loss of trees out of character with the area
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5 The points raised will be covered in the subsequent appraisal. Additional Statements Received Screening Opinion Not Required Environmental Impact Assessment (EIA): Environmental Report Not applicable Appropriate Assessment under Habitats Regulations Not Required Design Statement or Design and Access Statement Submitted 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. Policy Appraisal The proposed development area is outwith any defined settlement boundary and, as such, background policy considerations are therefore applicable. The most relevant policies being those relating to new housing in the countryside, landscape and placemaking considerations, which collectively seek to protect and enhance local environments and guide development to appropriate locations thereby avoiding any, on or off-site, adverse impacts. Policy 19: Housing in the Countryside of LDP2 acknowledges that opportunities do exist for housing in rural areas which support the viability of communities and meet development needs in appropriate locations, subject to safeguarding the character of the countryside, as well as ensuring that a high standard of siting and design is achieved. The Council would as a result, support proposals for the erection, or creation through conversion, of single houses and groups of houses in the countryside which fall into at least one of the following categories as outlined within the Supplementary Guidance (SG): Building Groups
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6 Infill site New houses in the open countryside on defined categories of sites as set out in section 3 of the Supplementary Guidance Renovation or replacement of houses Conversion or replacement of redundant non-domestic buildings Development on rural brownfield land The supplementary guidance, "The Housing in the Countryside Guide" which was adopted by the Council in 2020 assists in the assessment of the Policy 19. This highlights that: Permission may be granted for houses within building groups and permission may be granted, subject to the criteria above, for houses which extend a building group into a readily definable adjacent site. This will be formed by existing topography, roads or well-established existing landscape features such as a watercourse or mature tree belt which will provide a suitable setting. While there may be a group of buildings at Middlebank Farm, the application site is clearly separate from the nucleus of the built-up areas by reason of the intervening access roads and agricultural land. The site stands alone and lacks any direct relationship to the existing buildings – other than sharing the same access route, and as such is not considered to be “infill” or form part of an established building group. Further, removal of a section of the bordering and highly visible poplar tree avenue to accommodate the house, would only exacerbate the lack of any site containment and enable further as-hoc linear development opportunities elsewhere along this field edge of the roadside. The site is also not compatible under part (6) Rural Brownfield Land as this only applies to derelict land which was at one time occupied by buildings. National Planning Framework 4, Policy 9: Brownfield, Vacant and Derelict Land and Empty Buildings, also states that greenfield sites will not be supported unless allocated for development or the proposal is explicitly supported by LDP policies. As the site forms part of a larger field, away from the building group and consists of Class 2 (Prime) Agricultural land, it does not meet any of the requirements of category 6 of the HitC SG. The only remaining relevant Category is 3 of LDP2 Housing in the Countryside Supplementary Guidance as it relates to New Houses in the Open Countryside and allows – where there is a genuine need, for favourable consideration of proposals that fall into at least one of the following categories: 3.1 Existing Gardens 3.2 Houses in Areas of Flood Risk 3.3 Economic Activity 3.4 Houses for Local People 3.5 Houses for Sustainable Living Parts 1, 2, 4 & 5 of Category 3 SG are not relevant in this instance.
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7 Policy 17: Rural Homes, of NPF4 is also of note as it seeks to encourage and promote and facilitate affordable and sustainable homes in the right locations. It provides a key criterion whereby proposals for appropriately scaled and designed new rural homes may be accepted. As in section v. whereby housing “is demonstrated to be necessary to support the sustainable management of a viable rural business or croft, and there is an essential need for a worker (including those taking majority control of a farm business) to live permanently at or near their place of work.” It is noted that a separate planning application 24/01520/FLL relates to the applicant’s business proposal, in a nearby field. This activity is not considered essential in such a rural location and is also being recommended for refusal. Given the lack of connection to any viable established rural business nearby, there is no supporting economic justification or requirement to live at the site. Accordingly, part 3, Economic Activity exemption is not applicable. The principle of the rural development as a result cannot be supported as it is contrary to the Policy 19 of LDP2 and NPF4 Policy 17. Design, Layout and Visual Amenity Generally, the design and scale of development should respect its surroundings and adhere to Policies 1A and B of LDP2, which relate to placemaking. Further guidance is also provided within the associated Placemaking Supplementary Guidance (SG). The Housing in the Countryside Supplementary Guidance 2020 includes detailed siting criteria which also require to be considered in any proposal. The layout forwarded for the house does not acknowledge the pattern of existing built layout but has been designed instead to sit in isolation overlooking what would be the access into the business element of the applicants’ proposals. Assuming the principle was excepted, if security was an issue at the site, then this could be controlled remotely via technology allowing for the repositioning or removal of the house, or by any justifiable house forming part of the commercial enterprise compound. The proposed house type is contemporary in nature and not concerning in terms of scale or appearance, featuring the use of slates, vertical timber cladding, stone and expanses of glazing. The layout of the house towards the rear of the plot (5m from boundary) however creates an unnecessary substandard level of private amenity space and potential of conflict with adjoining uses to the rear. The unit will because of its setting, loss of trees and relationship to other buildings, appear out of keeping with the established landscape character and visually intrusive within the surrounding area, contrary to the aims of the placemaking criteria set out in LDP2 Policies 1A & 1B, Landscape 39 and NPF4 Policy 14: Design, Quality and Place. Landscape No existing block plan has been received. The proposed block plan and absence of any tree survey indicates that it may be the intention to clear all of the mature trees which run along the rear boundary of the site. It is unclear as who owns the land the
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8 trees are on, but it is highly probable that they are outwith the site and were planted by the former owner of Middlebank to screen off the golf driving range. As a result, there is likely to be some form of historic recognition or protection of the trees via planning conditions or inclusion within approved plans. However, even if the applicant were not to remove those trees, the development of the site could place undue pressure on the removal of them as they would undoubtedly have a significant impact on the levels of light obtained in rear garden ground for example. The loss of the trees would be regrettable and create an unwarranted and unbalanced skyline given the columnar nature of the poplars and characteristic linear planting which is a distinctive local feature and landmark. No designated landscape plan has been prepared and while there is a specification indicating that a 1m high hedgerow will be planted together with a post and wire fence, that is of limited landscape worth and lacks sufficient detailing in terms of extent, location and relationship to what already exists. The proposals as a result are considered to have adverse landscape impacts over the wider Carse and are contrary to policy 39 of LDP2. Residential Amenity The formation of residential development has the potential to result in overlooking and overshadowing to neighbouring dwellings and garden ground. There is a need to secure privacy for all the parties to the development those who would live in the new dwellings, those that live in the existing house and those that live in adjoining dwellings. Planning control has a duty to future occupiers not to create situations of potential conflict between neighbours. The Council's guidance generally seeks to ensure there is a minimum distance of 9m from windows to boundaries in order to mitigate overlooking from new development. As noted previously this is not being achieved due to the proximity to the rear site boundary. However, it is noted that there are no residential properties to the west at this time. Notwithstanding, the layout should still seek to meet with established standards so as to future proof development sites, and to ensure the appropriate provision of garden ground. The standalone nature of the house and surrounding land title within the applicants control is such however that there are no significant residential amenity concerns in respect of overlooking, overshadowing or noise. A standard condition would be required in relation to the proposed ASHP. Roads and Access The layout indicates that the house is to be set towards the rear of the plot with formal parking for 4 vehicles at the end of the access driveway. Due to the proximity to the trunk road, Transport Scotland were consulted together with Transport Planning Officers. No objections have been made, though comment has been expressed over the proposed layout and lack of compatibility with Building Standard Regulations.
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9 Drainage and Flooding The application form indicates that the site is to connect to a private drainage system with surface water system catered for through a SUDS system. This is in accordance with Policy 53B and C of the LD2. A suitable surface water drainage system should be secured by condition should any planning permission be granted. Natural Heritage, Biodiversity & Soils The proposals have the potential for negative impacts due to the loss of prime agricultural land, removal of the field edge and mature trees. Policy 50 of LDP2 states that development on prime agricultural land will not be permitted unless it is necessary to meet a specific established need. No tree or ecological survey has been undertaken to assess potential impacts, nor scope for protection, mitigation or enhancement measures. The proposals as a result, are contrary to the objectives of NPF4 policies 1, 3 & 5 as well as 40A, 40B, 41 & 50 of LDP2 in respect of nature crisis, biodiversity, forestry, woodland & trees and soils. Developer Contributions The Developer Contributions Guidance is applicable to this application and contributions would be required if the recommendation was to approve. Economic Impact The economic impact of the proposal is likely to be minimal and limited to the construction phase of the development. Variation of Application Under Section 32A This application was not varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to 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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10 Accordingly, the proposal is refused on the grounds identified below. Reasons for Refusal 1 The proposals are contrary to National Planning Framework 4 (2023), Policies, 9: Brownfield, Vacant & Derelict Land and Empty Buildings, 17: Rural Homes and Perth & Kinross Council Local Development Plan 2 (2019), Policy 19: Housing in the Countryside and associated Supplementary Guidance (2020), as the development does not meet any of the relevant criteria which would enable support of new residential units within the countryside. 2 The proposals are contrary to National Planning Framework 4 (2023) Policy 14: Design, Quality & Place and Perth & Kinross Council Local Development Plan 2 (2019) Placemaking Policies: 1A & 1B (parts a, b, c, d and f), Policy 39: Landscape; and associated supplementary guidance (2020), as the proposals by reason of tree removal, site location, juxtaposition and lack of cohesion with existing buildings and absence of any landscape containment, would not contribute positively to the quality of the surrounding area, resulting in adverse visual amenity and landscape impacts 3 The proposals are contrary to NPF4 Policy 1, 3 & 5 and Perth & Kinross Council Local Development Plan 2 (2019) Policies 40A, 40B and 50 which seeks to protect prime agricultural land, trees, biodiversity and wildlife habitats and requires a detailed tree and ecology survey to be undertaken in order to demonstrate the presence and any potential impacts on trees and protected species which may be contained within such habitats. No tree or ecology survey has been submitted with the application. 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 Not Applicable. Procedural Notes Not Applicable. Plans and Documents Relating to this Decision 01 02 03 04 05 06 07
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