(b) Planning Decision Notice, Report of Handling and Reference Documents (Pages 405-428)
Perth and Kinross Council · 15 April 2024
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4(iii)(b) LRB-2024-06 LRB-2024-06 - 23/01106/FLL - Change of use of flat to form short-term let accommodation unit (in retrospect), 62 Monart Road, Perth, PH1 5UQ PLANNING DECISION NOTICE REPORT OF HANDLING REFERENCE DOCUMENTS
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REPORT OF HANDLING DELEGATED REPORT Ref No 23/01106/FLL Ward No P12- Perth City Centre Due Determination Date 5th December 2023 Draft Report Date 28 November 2023 Report Issued by AMB Date 28 November 2023 PROPOSAL: Change of use of flat to form a short-term let accommodation unit (in retrospect) LOCATION: 62 Monart Road, Perth, PH1 5UQ SUMMARY This report recommends refusal of a detailed planning application for retrospective planning permission for the change of use of a residential flat within Monart Road to a short term let 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 retrospective detailed planning permission for the change the use of a residential flat on Monart Road, Perth to a STL - for the use of both holiday and work/business purposes. The flat is two bedroomed and is located on the ground floor of a large, four storey fairly modern residential complex which has communal stairs and landing areas that are shared with other flats within the block. Principal entry is via a security door, then the flat is immediately to the left. To the right is the internal door to another flat, and straight ahead is the internal door to the communal stair well. In terms of the LDP2, Monart Road 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. SITE HISTORY None specifically related to this flat, however there have been a number of recent applications for STLs within the Monart Road area which have been refused by the Council. PRE-APPLICATION CONSULTATION None undertaken.
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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 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. Within the LDP2, the site is located outwith the city centre area for the purposes of STLs, and within an area of 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)
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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 68 Design Statements 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. 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. Communities Housing Strategy has indicated that the level of STL within the local postcode area is not the at level where a STL control area would be considered. Developer Contributions Officer has indicated that there is no requirement for any developer contributions or affordable housing provision. REPRESENTATIONS Eighteen letters of representations have been received, all of which are objecting to the proposal. The main issues raised within the letters of representation relate to the impact on residential amenity, and also parking concerns. ADDITIONAL STATEMENTS RECEIVED Screening Opinion EIA Not Required Environmental Impact Assessment (EIA): Environmental Report Not applicable Appropriate Assessment under Habitats Regulations AA Not Required
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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 are considered to be a material consideration on the determination of STL applications. Policy Appraisal There are relevant policies contained in all parts of the Development Plan. Within the NPF4, Policy 30 Tourism) is 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. 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 Monart Road is a predominantly residential area comprising approx. 200 flatted apartments in various large blocks. Across the Monart Road 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. 62 Monart is accessed via a shared communal access with a secure entry system, which then leads to communal hallway area. As well as the properties internal front
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door, the hallway area has a doorway to a flight of stairs, and the internal front door to only one other residential property. There will therefore be some potential for disturbance from guests / residents arriving, leaving and using this flat on other resident with this block (albeit limited) – and the Council’s recently published STL guidance recognises this as a potential issue within flats in residential areas. It does however need to be emphasised that internally, there would be limited impact on other properties, other than one other residential property due to only two properties being served by the principal entrance. This is slightly different from the other previously refused applications on other sites within Monart Road where the potential for internal disturbance for higher. The area is however identified within the LDP2 as a residential area, with compatible uses. There is therefore a strong need to protect existing residents’ amenity through both the implementation of the new STL guidance, and also various parts of both Policies 1 and 17 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 flat. 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 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. This area is defined for the purposes of STL assessment as being the City, Town and Neighbourhood areas and the City Centre Secondary Uses area. The Monart Road area 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. 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 and involves a flat, and there are not any obvious existing uses within the area which would already impact on residential amenity. In terms of the NPF4, as well as protecting the character and amenity of areas (discussed above), Policy 30 also looks to ensure that the loss of residential
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accommodation to STL 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, this proposal could potentially impact adversely on the 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. In light of this, on balance this proposal is considered to be incompatible with the policy intent of Policy 30 of the NPF4 principally because the area is largely residential, with little other uses. 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 flat was to be used as a STL and some of the letters 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 one other resident. As discussed previously though, if managed appropriately (which will be key element of the licence requirements), 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 – if the proposal was to be used for work, or business uses. There would be a 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.
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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. 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 start to occur (and perhaps has been), 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. It is noted that a significant number of the representations have raised this as an issue. 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. Developer Contributions The proposal does not require any Developer Contributions or Affordable Housing provision.
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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. 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 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
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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 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 The applicant(s) should be fully aware that the continued use of the property as a short-term let is unauthorised. The use of the property as a short term let should therefore cease immediately. If the property continues to be used as a short term let, then the Council will consider formal enforcement action without further discussions. Procedural Notes Not Applicable. PLANS AND DOCUMENTS RELATING TO THIS DECISION 01, 02, 03
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