(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.
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.