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(b) Planning Decision Notice, Report of Handling and Reference Documents (Pages 23-48)

Perth and Kinross Council · 23 June 2025
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4(i)(b)
LRB-2025-09
LRB-2025-09
25/00180/FLL - Change of use of flat to short term let
accommodation unit, 15 Vasart Court, Perth, PH1 5QZ
Planning Decision Notice 
Report of Handling
Reference Documents

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Report of Handling 
Delegated Report 
Ref No 25/00180/FLL
Ward No P12- Perth City Centre
Due Determination Date 21st April 2025 
Draft Report Date 31st March 2025
Report Issued by Andy Baxter Date 1 April 2025 
Proposal: Change of use of flat to short term let accommodation unit    
Location:  15 Vasart Court, Perth, PH1 5QZ  
Summary: 
This report recommends refusal of a detailed planning application for the change of use
of an existing residential flat within a residential block at Vasart Court to a short term let
(STL) 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 
This planning application seeks to obtain detailed planning permission for the change
the use of a first floor residential property (a flat) at Vasart Court, Perth to a STL - for the
use of both holiday and work/business purposes.    
The property is two bedroomed and is located on the first floor of a large, four storey
fairly modern residential building within a residential complex. This block has communal
stairs, and landing areas that are shared with other properties within the block. 
Principal entry is via a security door which then leads to a hallway with the entrance to
one other residential property, and a set of stairs. When up the stairs, the property is
accessed via a shared entrance lobby which also serves one other flat. No physical
changes are proposed. 
In terms of the LDP2, the Vasart Court area is located outwith the City Centre area of
Perth for the purposes of STLs and is therefore within an area which is considered to be
residential, with compatible uses.   
Planning permission has been requested by the Council due to the fact the property is a
flat. The settled position of PKC is that all STLs for flats require planning permission.

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It is however worth highlighting that a number of recent DEPA decisions have been
issued where reporters have taken the view that a material change of use does not
automatically take place if a residential flat moves to a STL. In the view of the reporter’s
unit, the key test is the length of stays, how the unit is being used (business vs holiday
use) and the size of the unit. If the length of stays is likely to be longer and perhaps
used for business purposes, then there will be a lower level of arrival /departures and
daily movement occurring which would not too dissimilar to that of a typical residential
usage, and as such the change of use to a STL should not be considered a material
change of use (in the view of the DPEA). 
Site History 
None specifically related to this property, however there have been a number of recent
applications for STLs within the area (Monart Road) which have been refused by the
Council, and those decisions upheld by the LRB. 
Pre-Application Consultation 
None applicable. 
Development Plan  
The Development Plan for the area comprises National Planning Framework 4 (NPF4),
the Perth and Kinross Local Development Plan 2 (2019) (LDP2) and statutory
supplementary planning guidance (SPG). 
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 3: Biodiversity 
 Policy 14: Design, Quality and Place 
 Policy 30: Tourism  
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.

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Within the LDP2, the site is located outwith the city centre area for the purposes of
STLs, and within an area which is defined as being residential and compatible uses
where the following policies are applicable, 
 Policy 1A: Placemaking
 Policy 1B: Placemaking
 Policy 5: Infrastructure Contributions
 Policy 17: Residential Areas 
 Policy 56: Noise pollution 
Statutory Supplementary Planning Guidance  
The following statutory SPG are applicable to this proposal, 
 Developer Contributions & Affordable Housing (adopted in 2020)
 Placemaking (adopted in 2020)  
Other PKC Policies  
Non-statutory Planning Guidance  
The following non-statutory PG is applicable, 
 Change of use of residential property to STL (2023) 
 Planning and Nature 
National Planning Guidance  
The Scottish Government expresses its planning policies through 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 
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.

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External Consultations Responses  
None undertaken. 
Internal Council Responses  
Environmental Health have commented on the proposal and have no objections,
subject to a STL licence being applied for and granted. 
Developer Contributions Officer has indicated that there is no requirement for any
developer contributions or affordable housing provision. 
Representations  
One letter of representation has been received objecting to the proposal on the grounds
that the proposed STL may alter the character of the area. This issue is addressed in
the main appraisal section below. 
Additional Statements Received  
Screening Opinion  EIA Not Required
Environmental Impact Assessment (EIA):
Environmental Report
Not applicable
Appropriate Assessment under Habitats
Regulations
AA Not Required
Design Statement or Design and Access
Statement
Not Required
Report on Impact or Potential Impact  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,
the LDP2 and statutory SPGs. The relevant policy considerations are outlined in the
policy section above and are considered in more detail below.    
In terms of other material considerations, this involves acknowledgment of the other
similar applications which have been made and determined within the same area. 
The Council has also published non-statutory planning guidance on STLs, and whilst
this document does not have the same weighting as the Development Plan, its content
and intent should be noted.    
Policy Appraisal  
There are relevant policies contained in all parts of the Development Plan.

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Within the NPF4, Policy 30 Tourism) is generally supportive of STLs, providing that the
development would not impact on the local amenity of the area or would result in a loss
of residential accommodation where such a loss is not outweighed by demonstrative
benefits. Policy 3 (Biodiversity) looks to ensure that all new developments offer a
degree of biodiversity enhancement where proportionate to do so, whilst Policy 14
(Design, Quality and Place) looks to ensure that all new developments are off a high
design standard. 
In terms of the LDP2, Policy 1 (Placemaking) looks to ensure that all new developments
do not have an adverse impact on the areas in which they are located, whilst Policy 17
(Residential areas) looks to protect residential areas form inappropriate new uses and
development. Policy 56 (noise) of the LDP2 also looks to control noise nuisance. 
In terms of statutory SPG, the Council’s policies on Developer Contributions and
Placemaking are applicable. 
Land Use Acceptability 
The Vasart Court and Monart Road areas are predominantly residential areas
comprising approx. 200 flatted residential apartments in various large blocks. Across the
wider complex (including this block) there will be mainstream residential properties
which will be privately owned for permanent residency, some will be rented, some will
be student accommodation, and some will most likely already in a STL use already. 
Some of these STLs may now be immune from planning enforcement, others not so
and it should be noted that the Council has refused several applications for new STL
(and retrospective ones) on Monart Road previously. 
15 Vasart Court is accessed via a shared communal access with a secure entry system,
which then leads to communal hallway area which passes one door to another property.
Through another door is a communal flight of stairs. When up the stairs, No 15 has a
shared hallway/entrance area with No 16. 
In light of this, there would be some potential for disturbance from guests arriving,
leaving and using this property on other residents of No 14 and 16 in particularly (albeit
perhaps limited) – and the Council’s recently published STL guidance recognises this as
a potential issue with flatted properties in residential areas when there is a degree of
shared entrances.     
The area is identified within the LDP2 as a residential area, with compatible uses, and
there is a strong need to protect existing residents’ amenity through both the
implementation of the STL non statutory guidance, and various parts of both Policies 1
and 17 of the LDP2 – and elements of Policy 56 of the LDP2. 
There are two significant considerations to consider in this regard. 
The first is that the occupation of the STL for either holiday or work/business use, may
not actually generate additional footfall movements above that of a typical residential

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property. A STL does not automatically increase footfall, and whilst there might be an
increase, there is as much of a chance that the level of movements will either remain
the same or be less than a typical residential flat – depending on the circumstances of
the guest / occupier. It is very much a case by case matter, depending on the nature of
the occupiers - which makes the assessment of STL’s challenging – especially within
areas that are outwith (but close to) the city centre area of Perth – such as this area,
and that of Monart Road. 
Secondly, the location of the property is a significant consideration. 
The property is located within the city boundary of Perth, but outwith the city centre
area. The city centre area is defined for the purposes of STL assessment as being parts
of the city which come under the City, Town and Neighbourhood areas and the City
Centre Secondary Uses area. 
The Vasart Court is residential in character with no commercial uses on the ground
floors. The only non-residential uses that may be existing within the area would
inevitably be existing STLs, which might be historic, and as stated previously may be
immune from enforcement due to the 10-year rule. 
In this case, the applicant has not suggested that this property has been used for 10
years continuous, so it is assumed that it hasn’t been.    
In light of this, the proposal is therefore considered to be inconsistent with the relevant
LDP2 polices and the STL guidance simply because it is within a residential area,
involves a residential flatted property with shared access arrangements, and there are
not any obvious existing uses within the area which would already impact on residential
amenity. 
This has been a constant view taken by the Council. 
In terms of the NPF4, as well as protecting the character and amenity of existing areas
(discussed above), Policy 30 looks to ensure that the loss of permanent residential
accommodation to STLs is outweighed by demonstrative evidence of impact on local
economy. This property is a 2 bed property, so it would not be of the scale which the
Council is perhaps concerned about losing from the permanent housing stock in the
area. Accommodation which has 4 or more beds is more of a concern, and this is set
out in the STL guidance.    
Ultimately, whilst the economic and tourist part of Policy 30 is met by this proposal, the
proposal could potentially impact adversely on the amenity local area, and it would
result in a loss of a residential accommodation - but not of a type / scale which if huge
concern to the Council. 
There is therefore some tension with Policy 30 of the NPF4, and on balance this
proposal is considered to be incompatible with the policy intent of this key policy
principally because the area is largely residential, with little other uses.

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Visual Amenity, Design and Layout  
In terms of the appearance of the property, the proposed change of use will have no
impact, and there are no additional issues in terms of design or layout to consider. 
Residential Amenity  
Environmental Health have commented on the proposal and have raised no objections
to the proposal. 
In terms of noise matters, whilst the required STL licence will have set conditions over
noise nuisance, and how the property is operated, the planning system does have some
remit to ensure that new uses are compatible with existing uses, especially when those
existing uses are residential ones. 
As mentioned above, the site is in residential area which does raise some policy
implications in the context of Policy 56 of the LDP2. 
In this location, whilst there would be some degree of existing background noise from
existing residents’ movements, there would equally be the potential for some extra
noise disruption to occur if the property was to be used as a STL and the letter of
representation suggest this also. This relates to when the property is being used, and
also during access and exiting of the property - within the shared areas. The level of
impact internally within the confines of shared hallways would however be limited to
impacting principally on two other occupiers. 
As discussed previously though, if managed appropriately (which will be key element of
the licence requirements) and occupied by a Monday-Friday ‘away from home worker’,
there should be no reason why the residential amenity enjoyed by other residents of the
block should be adversely affected by a potential STL use – as its impact could easily
be the same, or less than a typical house. 
There would be a far higher chance that nuisance and disruption would occur if the use
was for holiday purposes, with a mix of occupants (as opposed to a single occupier) –
and for this property, that appears to be the business model. 
There is also the potential for new ‘faces’ to be a regular occurrence, and that not
knowing who your neighbours are could cause a degree of anxiety and concern for
permanent resident (in particularly the resident on the ground floor opposite), especially
those who may live alone, are elderly or may have additional support needs. 
Anxiety is a planning consideration to some degree, however it is very much subjective,
and someone’s anxiety over a certain matter may not result in the same feelings for
another person. In this case, it will be fact that if the STL operates successfully (in terms
of a high occupancy rate) then there will changes in users. However, there is no
guarantee that the users of this STL will a) meet other permanent residents within
shared areas and b) will cause nuisance.

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STL are now covered by a separate licence, so in the event that this STL was resulting
in regular and constant issues it could potentially be addressed via the licence, which
could result in the operation being instructed to cease. 
Nevertheless, in this case there is more a balance of probability that some adverse
impact may start to occur so a precautionary approach is therefore considered
appropriate here – which ultimately means a refusal – and which aligns with the
guidance of the STL guidance in relation to areas which are predominantly residential. 
Roads and Access  
There is parking provision within the area, and it is understood the property will have its
own allocated space. However, the property could generate the need for two or more
car parking spaces, and it has not been fully demonstrated that there is sufficient
parking provision to accommodate this. 
Drainage and Flooding  
The proposal raises no issues in terms of drainage or flooding matters, which remain
unaltered. 
Conservation Considerations  
The proposal does not affect any Conservation Area, Listed Building or local
archaeology. 
Natural Heritage and Biodiversity  
The proposal raises no issues in terms of bio-diversity matters. In terms of be able to
provide for some degree of biodiversity enhancements, as this is a purely a change of
use, it would not be proportionate or reasonable to see new additional biodiversity
measures as part of this application. 
Developer Contributions  
The proposal does not require any Developer Contributions or Affordable Housing
provision. 
Economic Impact  
The decision to refuse could have a negative impact on the local economy. 
Variation of Application Under Section 32A 
The application has not been varied.

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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. 
Accordingly, the proposal is refused on the grounds identified below. 
1 By virtue of the potential for an increase in noise nuisance both when using the
property, and arriving/leaving the property, the proposal would impact adversely
on the existing character and amenity of the local area which is predominately
residential in character, particularly the residential amenity of those living
permanently in the block and close by. Accordingly, the proposal is contrary to
Policy 30(e) (Tourism) of the National Planning Framework 4 (2023) which states
that new proposal for short term holiday letting will not be supported where the
proposal will result in an unacceptable impact on local amenity and character of
the area. 
2 By virtue of the shared entry arrangements, the flatted nature of the property and
the predominately residential character of the existing area, the proposal would
result in an increased potential for noise nuisance and general disturbance to
occur and affect other existing residents in the block, and those living close by. It
would also introduce a land use which is not compatible with the surrounding
predominately residential properties. The proposal is therefore contrary to Policy
17 (Residential Areas) of the adopted Perth and Kinross Local Development Plan
2 (2019) and the Council's non-statutory Planning Guidance on Short Term Lets
which both seeks to protect existing residential amenity, and Policy 1A of the
adopted Perth and Kinross Local Development Plan 2 (2019) which seeks to
ensure that all new proposals contribute positively to the surrounding
environment. 
3 By virtue of the potential for an increase in noise nuisance both when using the
property and arriving/leaving the property the proposal is contrary to Policy 56 of
the adopted Perth and Kinross Local Development Plan 2 (2019) which looks to
protect sensitive receptors from noise generating sources. 
4 It has not been demonstrated that there is a sufficient level of either designated
or available parking to service the use of the property as a short term let. The

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proposal is therefore contrary to the principles of the National Roads
Development Guide 2015 which requires all new developments to have suitable
parking provisions. 
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 
None, refusal. 
Procedural Notes 
Not Applicable. 
Plans and Documents Relating to this Decision 
01, 02 and 03

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