(b) Planning Decision Notice, Report of Handling and Reference Documents (Pages 71-124)
Perth and Kinross Council · 23 June 2025
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4(ii)(b) LRB-2025-10 LRB-2025-10 24/01954/FLL – Installation of solar panels and cabinet, South Lodge, Ballindean, Inchture, Perth, PH14 9SF Planning Decision Notice Report of Handling Reference Documents
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Report of Handling Delegated Report Ref No 24/01954/FLL Ward No P1- Carse Of Gowrie Due Determination Date 15th March 2025 Draft Report Date 18th February 2025 Report Issued by David Rennie Date 18th February 2024 PROPOSAL: Installation of solar panels and cabinet LOCATION: South Lodge Ballindean Inchture Perth PH14 9SF 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 a single storey detached dwellinghouse situated in a rural area to the northwest of Inchture. The house is a category B listed building (Historic Environment Scotland ref: LB LB11761). Details of the listing are available at BALLINDEAN SOUTH LODGE AND GATES, (LB11761) Full planning permission is sought to install solar panels on the southwest (side) facing roof plane and to install a battery storage cabinet adjacent to the northwest (rear) elevation of the house. There is an associated application for listed building consent (ref: 24/01955/LBC). Site History 90/01342/FUL Erection of a conservatory 24 September 1990 Application Approved 24/01955/LBC Installation of solar panels and cabinet Application Pending Consideration 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).
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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 4: Natural Places Policy 7: Historic Assets and Places Policy 11: Energy 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 27A: Listed Buildings Policy 33A: Renewable and Low Carbon Energy: New Proposals for Renewable and Low-Carbon Energy Policy 41: Biodiversity Statutory Supplementary Guidance Supplementary Guidance - Placemaking (adopted in 2020) Other Policies Non-Statutory Guidance 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.
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Planning Advice Notes The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: PAN 40 Development Management Other Policies and Guidance Historic Environment Scotland "Managing Change in the Historic Environment: Micro-renewables" states that: “The use of renewable energy technology in the historic environment is supported where the character of the historic building or place can be protected through careful siting and design… Each micro-renewable technology has specific site requirements, and not all equipment is suitable in every case.” Consultation Responses Conservation Team South Lodge is a category B listed building at the southern entrance to the category A listed Ballindean House, adjacent to the associated gate piers forming the principal entrance. The application proposes 12 solar panels to be installed on the south west roof elevation of the Lodge. While this does not affect the principal views (from the south east and north east), the panels would be a prominent addition on a building of this small scale, distracting both from its quality and architectural detail, and from the wider historic setting inclusive of the adjacent listed gate piers. The proposed roof-mounted solar panels would result in an adverse impact on the historic character of the building and its setting. The application gives no indication that alternative options have been considered with a view to reducing the adverse impact on the listed building, such as the use of ground mounted panels. I therefore object to the proposal. Representations Number of representations received: 0 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
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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. In this instance, Section 59(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 places a duty on planning authorities in determining such an application as this to have special regard to the desirability of preserving the listed building or its setting or any features of special architectural or historic interest which it possesses. 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 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. Renewable Energy It is appreciated that the applicant wishes to improve the energy efficiency of the dwellinghouse. The installation of solar panels at the property would be expected to make a positive contribution towards the reduction of greenhouse gas emissions and associated climate change impacts. Policy 11: Energy of NPF4 encourages renewable energy provided impacts on the historic environment have been addressed and mitigated. Similarly, Policy 33A: New Proposals for Renewable and Low-Carbon Energy of LDP supports the development of renewable and low-carbon sources of energy subject to the impacts on visual amenity and the historic environment being taken into account. The Council’s draft Renewable and Low Carbon Energy Supplementary Guidance provides further guidance on the criteria of Policy 33A including: “Roof mounted technology …, and their installation, may impact on the fabric of historic buildings and the appearance and setting of listed buildings … These should be carefully installed and discretely sited to not detract from the historic character or settings.” Policy 11 of NPF4 and Policy 33A of LDP2 also require impacts on biodiversity, including bats, to have been addressed and mitigated.
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For the reasons detailed below, the proposal is detrimental to the historic environment and detrimental to biodiversity. As such, the proposal is contrary to Policy 11 of NPF4 and Policy 33A of LDP2. Given the size of the house’s curtilage, consideration could be given to other sources of renewable energy, such as the installation of ground mounted solar panels in a discreet location that does not affect the setting of the listed building. It is recommended that a pre-application enquiry is submitted prior to the submission of a planning application for any alternatives. Visual Amenity, Design and Layout The application property is a traditional single storey dwellinghouse with a slate roof. The proposal includes the installation of a row of twelve solar panels on the southwest (side) facing roof plane, which is visible from the adjacent public road. The panels are of a typical standard design. Each panel is 1.8 metres tall, and the row of panels would be some 10.6 metres wide. Due to their modern design and materials, the solar panels would be an incongruous addition to the traditional slate roof of the house. Due to the layout of the site, the proposed solar panels would be visible from the adjacent public road. Due to their modern design and materials, their total surface area, and their prominent siting, the proposed solar panels would be detrimental to the traditional character of the house. Due to its siting in a relatively concealed location at the rear of the house and its modest scale, the proposed battery storage cabinet would not be detrimental to the traditional character of the house. As the proposed solar panels would be detrimental to the traditional character of the house, the proposal is contrary to Policy 16(g)(i): Quality Homes of National Planning Framework 4, and contrary to Policies 1A and 1B(c): Placemaking of the Perth and Kinross Local Development Plan 2 Historic Environment Under Section 59(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, the Council as planning authority is required to have special regard to the desirability of preserving listed buildings, their settings and any features of special architectural or historic interest which they possess. As discussed above, due to their modern design and materials, their total surface area, and their prominent siting, the proposed solar panels would be detrimental to the traditional character and appearance of the category B listed building. Also as discussed above, due to its siting and scale, the proposed battery storage cabinet would not be detrimental to the traditional character and appearance of the category B listed building. As the proposed solar panels would be detrimental to the character and appearance of the category B listing building, the proposal is contrary to Section 59(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997; contrary to
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Policy 7(c): Historic Assets and Places (Listed Buildings) of National Planning Framework 4; contrary to Policy 27A: Listed Buildings of the Perth and Kinross Local Development Plan 2; and contrary to Historic Environment Scotland's guidance "Managing Change in the Historic Environment: Micro-renewables" Natural Heritage and Biodiversity The proposal involves alterations to an existing slate roof of a building that is immediately adjacent to woodland. As explained in the Bat Survey Guidance, this triggers the requirement for a bat survey to be undertaken by a suitably experienced and qualified ecologist to determine the actual or potential presence of bats. A bat survey has not been submitted as part of the application. As such, it has not been demonstrated that there are no bats present and that bats will not be affected by the proposal. As any impacts on bats cannot be fully considered, the proposal is contrary to Policy 4(f) of NPF4 and contrary to Policy 41 of LDP2. As there were other reasons for refusing the application and in the interests of avoiding unnecessary additional costs to the applicant, the applicant’s agent was not asked to undertake a bat survey. Landscape Given the scale of the proposal and given that the proposal involves works to an existing dwellinghouse, there are no concerns about impacts on the landscape of the area. As such, the proposal is in accordance with Policy 4(d) of NPF4 and Policy 39 of LDP2. Residential Amenity Given the nature of the proposal and the distance from the nearest residential properties, there are no concerns about impacts on residential amenity. As such, the proposal is in accordance with Policy 16(g)(ii) of NPF4 Developer Contributions The Developer Contributions Guidance is not applicable to this application and therefore no contributions are required in this instance. Economic Impact It is expected that the proposal would bring some economic benefit to the owners / occupiers of the property. Planning Obligations and Legal Agreements None required. Direction By Scottish Ministers None applicable to this proposal.
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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. Reasons for Refusal 1. The proposed solar panels, by virtue of their modern design and materials, their total surface area, and their visually prominent siting, would be detrimental to the traditional character of the application property. Approval would therefore be contrary to Policy 16(g)(i): Quality Homes of National Planning Framework 4, and contrary to Policies 1A and 1B(c): Placemaking of the Perth and Kinross Local Development Plan 2. 2. The proposed solar panels, by virtue of their modern design and materials, their total surface area, and their visually prominent siting, would be detrimental to the traditional character and appearance of the category B listing building. Approval would therefore be contrary to Section 59(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, which requires the Council as Planning Authority to have special regard to the desirability of preserving the listed building; contrary to Policy 7(c): Historic Assets and Places (Listed Buildings) of National Planning Framework 4; contrary to Policy 27A: Listed Buildings of the Perth and Kinross Local Development Plan 2; and contrary to Historic Environment Scotland's guidance "Managing Change in the Historic Environment: Micro-renewables". 3. The application, due to the lack of a bat survey, fails to demonstrate that bats will not be affected by the proposal. Approval would therefore be contrary to Policy 4(f): Natural Places (Protected Species) of National Planning Framework 4, and contrary to Policy 41: Biodiversity of the Perth and Kinross Local Development Plan 2. 4. The proposal, by virtue of the impacts on the character of the listed building and the lack of a bat survey, is contrary to Policy 11(c): Energy of National Planning Framework 4 and contrary to Policy 33A: New Proposals for Renewable and Low-Carbon Energy of the Perth and Kinross Local Development Plan 2, which only support renewable energy generation technology if impacts on the historic environment and biodiversity have been satisfactorily addressed.
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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. There are no relevant informatives. Procedural Notes Not Applicable. PLANS AND DOCUMENTS RELATING TO THIS DECISION 01 02 03 04 05 06 07 08
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