Democracy Spraffa

(b) Planning Decision Notice, Report of Handling and Reference Documents (Pages 593-612)

Perth and Kinross Council · 15 April 2024
Back to Local Review Body — 15 April 2024 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

Original council PDF · Download plain text

Some pages contain no extractable text. They may be blank, graphics or scanned pages. OCR has not been applied.

Page 1

4(v)(b) 
LRB-2024-08 
LRB-2024-08 - 23/01675/FLL - Installation of solar panels,
The Cottage, Leslie Road, Scotlandwell, Kinross, KY13 9JE 
PLANNING DECISION NOTICE 
REPORT OF HANDLING 
REFERENCE DOCUMENTS

Page 2

No embedded text on this page.

Page 3

No embedded text on this page.

Page 4

No embedded text on this page.

Page 5

REPORT OF HANDLING  
DELEGATED REPORT  
Ref No 23/01675/FLL
Ward No P8- Kinross-shire
Due Determination Date 16th December 2023 
Draft Report Date 8th December 2023
Report Issued by DR Date 8th December 2023  
PROPOSAL:  Installation of solar panels    
LOCATION:  The Cottage Leslie Road Scotlandwell Kinross KY13
9JE  
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 traditional 1 ½ storey detached dwellinghouse situated
in Scotlandwell Conservation Area.  The property is in a residential area of
Scotlandwell and sits opposite the junction of Leslie Road and Bankfoot Park.  Full
planning permission is sought to install 10 solar panels on the principal (south)
elevation of the dwellinghouse.  
SITE HISTORY  
93/01316/FUL EXTENSIONS TO FORM 1 HOUSE FROM 2 COTTAGES AT 28
October 1993 Application Approved  
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). 
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.

Page 6

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 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 17: Residential Areas  
Policy 28A: Conservation Areas: New Development  
Policy 33A: Renewable and Low Carbon Energy: New Proposals for Renewable and
Low-Carbon Energy  
OTHER POLICIES  
Non Statutory Guidance  
 Conservation areas
 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

Page 7

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”.  
Historic Environment Scotland "Managing Change in the Historic Environment:
Roofs" states that: 
“Collectively, roofscapes and skylines are often key features of historic cities, towns
and villages… In considering how to alter a roof it is important to understand the
impact of the works on the roof itself and the appearance of the building or street as
a whole. The potential for cumulative effects of similar developments should also be
considered”.  
CONSULTATION RESPONSES  
Environmental Health (Noise Odour)
No objection.  Given the orientation and the size of the solar panels and that this is a
domestic installation at roof height, I do not foresee glint or glare from the installation
affecting the residential amenity of neighbouring properties.  
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 Not Required
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.

Page 8

In this instance, Section 64(1) of the Planning (Listed Buildings and Conservation
Areas) (Scotland) Act 1997 is relevant and requires planning authorities to pay
special attention to the desirability of preserving or enhancing the character or
appearance of the designated conservation area. 
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 
Alterations to existing domestic dwellinghouses 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 upon 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 and the installation of solar panels at the property would undoubtedly
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
appearance and setting of … conservation areas.  These should be carefully
installed and discreetly sited to not detract from the historic character or
settings.”  
For the reasons detailed below, the proposal is detrimental to the historic
environment.  As such, the proposal is contrary to Policy 11 of NPF4 and Policy 33A
of LDP2.  
Notwithstanding the above, there does appear to be some scope to install solar
panels elsewhere within the application site that would respect the historic
environment.  Given the size of the rear curtilage of the property, it may be possible
to install ground mounted solar panels or to install them on the roof an outbuilding.

Page 9

Design, Layout and Visual Amenity 
The application property is a traditional dwellinghouse that retains much of its
original character.  Half of the south facing roof plane has a slate roof with two
traditional style dormers, while the other half has a tiled roof with three rooflights. 
The south elevation of the dwellinghouse has stone walls.  
The house sits in a prominent position on the northern side of Leslie Road, one of
the main roads running through Scotlandwell, and opposite the junction of Leslie
Road and Bankfoot Park.    
The ten proposed solar panels are of a standard design.  Four of them are to be
installed in a group on the slate roof between the existing dormers.  They will cover
almost the full height of the roof plane.  The remaining six panels are to be installed
in three pairs and again they will cover almost the full height of the roof plane.  The
three pairs of solar panels will be irregularly spaced across the roof to take account
of the existing rooflights.  
The modern design and materials of the solar panels will be an incongruous addition
to the traditional character of the south elevation of the house.  Due to their design,
scale and maximum height, they will be visually prominent and will be detrimental to
the character of the house and the surrounding area.  
The proposal would have a detrimental impact on the character and environmental
quality of the application property and the surrounding area in terms of size, design
and materials.  As such, the proposal is contrary to Policy 16(g)(i) of NPF4 and
contrary to Policies 1A and 1B(c) of LDP2.  
Conservation Considerations 
Under Section 64(1) of the Planning (Listed Buildings and Conservation Areas)
(Scotland) Act 1997, the Council as planning authority is required to pay special
attention to the desirability of preserving or enhancing the character or appearance
of designated conservation areas.  Due to their modern design, scale, maximum
height and prominent siting, the proposed solar panels would be detrimental to the
character and appearance of the Scotlandwell Conservation Area.  Approval of this
application would therefore be contrary to Section 64(1) of the Planning (Listed
Buildings and Conservation Areas) (Scotland) Act 1997.  
Due to the impacts on the character and appearance of the conservation area, the
proposal is contrary to Policy 7(d) of NPF4 and Policy 28A of LDP2.  
Due to the modern design and the prominent siting, the proposed solar panels fail to
protect the historic character of the place.  As such, the proposal fails to comply with
Historic Environment Scotland’s guidance "Managing Change in the Historic
Environment: Micro-renewables".  
The proposed solar panels would have a significant and detrimental impact on the
historic character and appearance of both the roof and the house.  As such, the

Page 10

proposal fails to comply with Historic Environment Scotland’s guidance "Managing
Change in the Historic Environment: Roofs".  
Residential Amenity 
Given the orientation and the size of the solar panels and that this would be a
domestic installation at roof height, it is unlikely that residential amenity would be
adversely affected by glint or glare.  As such, the proposal is in accordance with
Policy 16(g)(ii) of NPF4 and Policy 17 of LDP2.  
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 of
the property.  
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.  
Reasons for Refusal  
1. The proposed solar panels, by virtue of their modern design, scale,
maximum height and prominent siting, would have a detrimental impact on
the character and appearance of the Scotlandwell Conservation Area.  
Approval would therefore be contrary to Section 64(1) of the Planning
(Listed Buildings and Conservation Areas) (Scotland) Act 1997, which
requires the Council to have special regard to the desirability of preserving
or enhancing the character or appearance of the designated conservation
area.

Page 11

2. The proposed solar panels, by virtue of their modern design, scale,
maximum height and prominent siting, would be detrimental to the
traditional character and appearance of the dwellinghouse and detrimental
to the character and appearance of the Scotlandwell Conservation Area.  
Approval would therefore be contrary to Policies 7(d), 11 and 16(g)(i) of
National Planning Framework 4; contrary to Policies 1A, 1B(c), 28A and
33A(a) of Perth and Kinross Local Development Plan 2; and contrary to
Historic Environment Scotland’s guidance "Managing Change in the
Historic Environment: Micro-renewables" and "Managing Change in the
Historic Environment: Roofs".  
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

Page 12

No embedded text on this page.

Page 13

No embedded text on this page.

Page 14

No embedded text on this page.

Page 15

No embedded text on this page.

Page 16

No embedded text on this page.

Page 17

No embedded text on this page.

Page 18

No embedded text on this page.

Page 19

No embedded text on this page.

Page 20

No embedded text on this page.