(a) Notice of Review and supporting documents (Pages 455-562)
Perth and Kinross Council · 15 April 2024
Back to Local Review Body — 15 April 2024 and its agenda
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4(iv)(a) LRB-2024-07 LRB-2024-07 - 23/01859/FLL - Erection of a dwellinghouse, land 20 metres south west of Braeside House, Hatchbank Road, Gairney Bank, Kinross, KY13 9JY PAPERS SUBMITTED BY THE APPLICANT
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REPORT OF HANDLING DELEGATED REPORT Ref No 23/01859/FLL Ward No P8- Kinross-shire Due Determination Date 8th January 2024 Extended to 31st January 2024 Draft Report Date 6th February 2024 Report Issued by cm Date 6/2/24 PROPOSAL: Erection of a dwellinghouse LOCATION: Land 20 Metres South West Of Braeside House Hatchbank Road Gairney Bank Kinross Ky13 9jy Hatchbank Road Gairney Bank 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 is for a single storey dwellinghouse in the front garden of a 2-storey dwellinghouse located on the north side of Hatchbank Road, Gairney Bank, Kinross. The existing 5-bedroom 2-storey dwellinghouse is set back from the public road and a building line formed by a linear residential development to the east of the site on Hatchbank Road. A traditional cottage style design is proposed for the dwellinghouse to be located on the west side of the front garden. Finishing materials include a stone basecourse, white roughcast render walls and a slate roof. The existing vehicular access is to be utilised and shared with the existing dwellinghouse and a parking area for 1no vehicle is proposed north-west of the proposed dwellinghouse. A rear garden is proposed (80sqm) and the front garden is to be shared and a new treatment plant, serving the existing and proposed house, is to be located in the shared front garden. 5no Cypress Trees are to be removed on the west boundary of the site to enable the development and replaced with 15no Cypress trees to be positioned in front of a 3m high close boarded fence to provide noise mitigation from the M90. To the north and west of the application site are agricultural fields, further west is the M90 and to the south is a public road and agricultural fields. To the east is a mix of traditional and modern residential dwellinghouses forming a small settlement on the north and south side of Hatchbank Road. SITE HISTORY 17/01281/FLL Erection of ancillary accommodation 14 September 2017 Application Approved
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19/01136/IPL Erection of a dwellinghouse and garage with ancillary accommodation (in principle) 17 September 2019 Approved 23/00593/FLL Erection of a dwellinghouse 25 July 2023 Application Refused 23/00593/FLL Erection of a dwellinghouse 23 October 2023 Application Refused by Local Review Body PRE-APPLICATION CONSULTATION None. 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 2: Climate Mitigation and Adaptation Policy 3: Biodiversity Policy 4: Natural Places Policy 6: Forestry, Woodland and Trees Policy 13: Sustainable Transport Policy 14: Design, Quality and Place Policy 16: Quality Homes Policy 17: Rural Homes Policy 20: Blue and Green Infrastructure Policy 22: Flood Risk and Water Management
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Policy 23: Health and Safety 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 19: Housing in the Countryside Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development Policy 41: Biodiversity Policy 42: Green Infrastructure Policy 46A: Loch Leven Catchment Area Policy 53B: Water Environment and Drainage: Foul Drainage Policy 53C: Water Environment and Drainage: Surface Water Drainage Policy 56: Noise Pollution Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2020) Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) 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)
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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 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.
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CONSULTATION RESPONSES External Scottish Water - No objection. Scottish Environment Protection Agency - No objection. NatureScot – no response. Internal Transportation And Development - No objection. Environmental Health (Noise Odour) - No objection, subject to condition. Biodiversity/Tree Officer – No response. Reference to comments received for application 23/00593/FLL. Development Contributions Officer – 1 bedroom property therefore no contribution required in line with Supplementary Guidance. REPRESENTATIONS No representations were received. 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 Submitted Report on Impact or Potential Impact eg Flood Risk Assessment NIA and Tree Survey submitted 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.
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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 Design, Layout and Residential Amenity NPF4 Policy 14 Design, Quality and Place promotes well designed development. It requires development proposals to be consistent with the six qualities of successful places – Healthy, Pleasant, Connected, Distinctive, Sustainable and Adaptable. It states that proposals which are poorly designed and detrimental to the amenity of the surrounding will not be supported. Local placemaking policy, Policy 1, aligns with national policy and requires the design, density and siting of development to respect the character and amenity of the place. The new dwellinghouse is proposed approximately 7m from the front elevation of the existing dwellinghouse and positioned to run parallel with the west boundary of the front garden with the main elevation looking east onto the shared garden area. The cottage style design has a stone basecourse built up in part to reflect the changing ground levels and a flight of steps is shown to access the rear garden from the open plan kitchen/living space. A long narrow area of private garden ground measuring 80sqm is proposed to the rear (west). The proposed dwellinghouse is 3m from a row of Cypress trees (15) to be planted along the west boundary of the site to replace the 5 Cypress trees to be removed to enable the development. The trees will be positioned in front of a 3m high close board fence to mitigate external noise from the M90 as identified in the NIA (22-084 V2 dated 18 July 2023 undertaken by dB Acoustics & Environmental Services). The Placemaking Supplementary Guidance (2020) states that private spaces should be sized appropriate to the property they serve, proportionate to the size and layout of the building. It states that appropriate screening with hedges, walls or fencing may be necessary to ensure that the garden space is not overlooked from surrounding houses or gardens. Private spaces must be designed so that residents have a reasonable amount of sun/daylight. They should not be closely bounded by high walls or buildings. The proposed dwellinghouse to be sited in front of a 2-storey dwellinghouse will be significantly overlooked. The replacement boundary planting and 3m high close board fence to the rear (west) will impact the amount of daylight/sunlight and amenity of the new dwellinghouse. The proposal will have a detrimental impact on the amenity of the existing dwellinghouse due to the proximity of the new dwellinghouse and shared front garden and vehicular access. The proposal is poorly designed and sited and fails to respect existing and proposed residential amenity. An NIA was undertaken due to the proximity of the M90. The NIA highlights that in order to comply with prescribed indoor noise levels, windows in the proposed dwellinghouse would need to be closed and ventilation provided by passive trickle
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ventilators or mechanical whole house ventilation. The sound attenuation required would be obtained by a combination of glazing, window vents and building façade (Section 4.4 of NIA). This clearly shows the proposed development is poorly sited and without mitigation would have a detrimental effect on residential amenity. The existing dwellinghouse, set back from the public road with a large front garden and located at the end of a linear development of semi-detached cottages, is distinctive in the local area. The proposed development is incongruous, poorly designed and would have a negative impact on the character of the residential site and surrounding area. The proposal does not satisfy NPF4 Policy 14 Design, Quality and Place and LDP2 Policy 1 Placemaking and associated Placemaking Supplementary Guidance (2020). Rural Homes The application site is not located in an identified settlement in LDP2. NPF4 Policy 17 Rural Homes is relevant to the proposal and this policy intends to encourage, promote and facilitate the delivery of more high quality, affordable and sustainable rural homes in the right locations. This policy states new homes should be suitably scaled, sited and designed to be in keeping with the character of the area and should meet specific criteria set out in Policy 17 a). The proposal does not meet any of the criteria set out in Policy 17 a). Further, as outlined previously in the report, the proposal is not suitably sited and designed and the proposed development will have a negative effect on the distinct character of the existing dwellinghouse and the surrounding area. The proposal does not therefore satisfy NPF4 Policy 17 a). LDP2 Policy 19 Housing in the Countryside and the related Supplementary Guidance (2020) are relevant. This policy aims to safeguard the character of the countryside; support the viability of communities; meet development needs in appropriate locations; and ensure that high standards of siting and design are achieved. The policy supports proposals which fall into one of the following categories: (1) Building Groups. (2) Infill sites. (3) New houses in the open countryside on defined categories of sites as set out in section 3 of the Supplementary Guidance. (4) Renovation or replacement of houses. (5) Conversion or replacement of redundant non-domestic buildings. (6) Development on rural brownfield land.
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The Supporting Statement highlights Category 1 Building Groups as being relevant to the proposed development. The Supplementary Guidance notes that permission may be granted for houses which extend the 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. The domestic garden ground to the front of a 5-bedroom house is not considered to be a readily definable site to extend the building group as recognised in the Supplementary Guidance. The proposal does not fit into LDP2 Policy 19 Categories 1-6. Section 3.1 of the Supplementary Guidance refers to ‘Existing Gardens’ and proposals for a new house or houses within the original garden ground associated with an existing country or estate house. This section does not apply to domestic scale gardens. The proposed development is poorly designed and sited and will have a negative effect on the character of the residential plot and surrounding area. The proposal does not satisfy LDP2 Policy 19: Housing in the Countryside and related Supplementary Guidance (2020). Roads and Access Transportation and Development have no objections to this proposal in respect of roads and parking. Drainage and Phosphorous Mitigation The proposed site plan shows a treatment plant will serve the existing and proposed house and will connect into an existing drainage line and soakaway for the existing house and replace a septic tank. Surface water will also connect into the existing drainage line and soakaway. The proposal satisfies NPF4 Policy 22: Flood Risk and Water Management and LDP2 Policy 53B: Water Environment and Drainage: Foul Drainage and Policy 53C: Water Environment and Drainage: Surface Water Drainage. SEPA was consulted and confirm that there is sufficient phosphorous mitigation proposed. Conditions are recommended by SEPA should the application be approved. The proposal satisfies NPF4 Policy 22: Flood Risk and Water Management and LDP 2 Policy 46A: Loch Leven Catchment Area.
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Natural Heritage and Biodiversity Trees A Tree Survey Report has been submitted (Docement 08). It surveyed 16 individual trees and two unique tree groups. It identified that a primary constraint to the development is tree group 1, a linear shelterbelt of cypress on the west boundary in good condition. Also, tree group 2, a broadleaf plantation on a north facing embankment, in fair condition which would have over ground constraints associated with group canopy. The report is a survey of existing trees only and does not include details of compensatory planting or tree protection methods. The removal of a tree group to enable the development is not supported as this offers an attractive mature green buffer and screening from the M90. The proposal will lead to the fragmentation of an existing green network. Biodiversity A number of biodiversity enhancements are proposed and shown on the site plan. These are proposed without the benefit of an ecologist report outlining a survey of the site, its characteristics and professional ecologist recommendations. As stated in NPF4 Policy 3 Biodiversity, careful planning and design should minimise potential adverse impacts on nature networks and the natural environment (Policy 3d). The proposed development does not respect the setting of the site and its characteristics. The proposal does not satisfy NPF4 Policy 6 Forestry, Woodland and Trees, NPF4 Policy 3 Biodiversity and NPF4 Policy 20 Blue and Green Infrastructure and LDP2 Policy 40B Trees, Woodland and Development, Policy 41 Biodiversity and Policy 42: Green Infrastructure. Noise EH are satisfied that the submitted NIA demonstrates that internal and external noise criteria levels at the proposed dwellinghouse can be achieved through the recommended mitigation measures to ensure a satisfactory level of residential amenity at the property. Should planning permission be granted, a condition is recommended to ensure all recommendations and mitigation measures in the NIA are implemented accordingly. The proposal satisfies NPF4 Policy 23 Health and Safety and LDP2 Policy 56 Noise Pollution, subject to condition. Material Considerations Site History The Applicant’s Supporting Statement notes planning permissions 17/01281/FLL for an annex and 19/01136/IPL for a dwellinghouse. The applications were approved under Local Development Plan (2014), now superseded.
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The application has been assessed under NPF4 and local planning policy LDP2 which seek to facilitate the delivery of high quality and sustainable rural homes in the right locations. The assessment above demonstrates that the proposal is not supported by national and local planning policy. Supporting Statement The statement refers to the proposed resident of the new dwellinghouse being registered disabled and unable to enjoy the existing dwellinghouse and the proposal makes appropriate provision for inclusive design. It states that it is hoped that the existing house can be retained and occupied by immediate family. No supporting information has been submitted to show that the dwellinghouse is for a registered disabled person. The proposed floor plan does not make reference to accessibility/inclusive design and the access from the main living space to the rear garden is by a flight of steps. Section 3.4 of the Supplementary Guidance refers to Houses for Local People where the needs of someone within the household has changed and they now require a different type of accommodation, for example, a house which is suitable for a wheelchair user. In all cases the applicant will be required to demonstrate that no alternative accommodation is available to them within the local area. No information has been submitted for the proposal to be considered against this category. The supporting statement highlights large ancillary buildings in the local area which it states the proposed dwellinghouse is relatable to. However, these are located mainly to the side and rear of a dwellinghouse and not to the front which would generally not align with good design practice and placemaking policy. There are no material considerations to justify approval of the application. Developer Contributions The Developer Contributions Guidance is not applicable to this application and therefore no contributions are required in this instance. 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. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS None required.
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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. Conditions and Reasons 1. The proposed development is poorly designed, fails to respect the building pattern and character of the area and will have a significant detrimental impact on residential amenity. The proposal does not satisfy the requirements of NPF4 Policy 14: Design, Quality and Place and NPF4 Policy 17: Rural Homes and LDP2 Policy 1: Placemaking and related Placemaking Supplementary Guidance (2020) and LDP2 Policy 19: Housing in the Countryside and the related Housing in the Countryside Supplementary Guidance (2020) of the Perth and Kinross Local Development Plan 2 (2019). 2. The proposed development does not respect the setting of the site and its characteristics. The removal of a mature tree group and an attractive green buffer to enable the development will lead to the fragmentation of an existing green network. The proposal does not satisfy NPF4 Policy 6: Forestry, Woodland and Trees and NPF4 Policy 20: Blue and Green Infrastructure and LDP2 Policy 1: Placemaking, Policy 40B: Trees, Woodland and Development and Policy 42: Green Infrastructure. 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 Procedural Notes Not Applicable.
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PLANS AND DOCUMENTS RELATING TO THIS DECISION 01 02 03 04 06 07 08 09 10 11 12
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