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(d) Further Information (Pages 709-714)

Perth and Kinross Council · 15 April 2024
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5(ii)(d) 
LRB-2023-46 
LRB-2023-46
23/01362/FLL – Change of use of flat to form short-term let
accommodation unit (in retrospect) at 2 Jubilee Place,
Pitlochry, PH16 5GA 
FURTHER INFORMATION 
 Further Information from Planning Officer, as requested by
the LRB Members on 15 January 2024
 Comments by the applicant on the further information
received

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Planning Officer comments 
Planning Application 23/01362/FLL – Change of use of flat to form short-term let
accommodation unit (in retrospect) at 2 Jubilee Place, Pitlochry, PH16 5GA 
Since the original refusal decision was made, Non-statutory Planning Guidance for
the Change of Use of Residential Property to Short-Term Let (STL Guidance) has
been produced due to concerns expressed over the impact of STLs on services,
local business staffing and expansion, as well as housing affordability. The STL
Guidance was formally adopted by the Council on 1 November 2023 following
consultation during Summer 2023. 
The STL Guidance acknowledges that while short-term lets can bring economic
benefits to the host and local areas, this must be balanced against the impact the
loss of that residential property has on the availability of housing for local people,
affordable housing in particular, and the potential for adverse impacts on residential
amenity where an increased proportion of the housing stock becomes short-term
lets. 
Six considerations have been outlined within the STL Guidance to assist in the
application of the policy framework set out in NPF4. The considerations include
location, larger residential properties, refurbishment of long-term empty properties,
local amenity and character, business diversification, and the relationship between
loss of residential accommodation and local economic benefits. The location
consideration contains reference to three area types: city and town centres; mixed-
use areas within settlements; and predominantly residential areas. 
The adopted STL Guidance forms the most up-to-date indication of Council policy
intent on the matter, and as such is a material consideration in addition to other
policy factors and supplementary guidance in the assessment of the proposals. 
In this instance, the application site is within an area zoned for residential and
compatible uses.  The application site also lies within a wider flatted development
served by a communal courtyard carpark with wider areas of shared amenity space. 
The wider development is part social housing with the remaining flats originally
offered for first sale at an affordable rate (this requirement did not remain for
subsequent sales).  The effect of the proposal on local amenity and character of this
area should therefore be considered, in addition to the loss of residential
accommodation and local economic benefits which may accrue from the proposal. In
this case the benefits of providing holiday accommodation are not seen to outweigh
the impacts on the residential character of the area and the loss of affordable
housing. 
The consideration of this proposal did acknowledge and address the STL Guidance. 
If this proposal been considered after the guidance was adopted in November 2023,
the recommendation would not have changed and the proposal would have been
recommended for refusal for the same reasons.

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Reasons 
1 The proposed retrospective change of use is contrary to Policy 30, Tourism e)
of National Planning Framework 4 (2023) as the proposal will result in: 
i)  An unacceptable impact on local amenity and character of the area,
and 
ii)  The loss of residential accommodation where such loss is not
outweighed by demonstrable local economic benefits. 
2 The proposal is contrary to National Planning Framework 4 (2023) Policy 
14c): Design, Quality and Place and Perth and Kinross Local Development
Plan 2 (2019), Policies 1A and 1B: Placemaking,  Policy 17 d) Residential
Areas and the Change of Use of Residential Property to Short-term Let
Planning Guidance as the short-term let accommodation would adversely
impact on the amenity of residents of the flats and the short-term let use is not
compatible with the amenity and character of the existing residential
development.   
Kind regards, 
Joanne Ferguson
Planning Officer

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2 Jubilee Place, Pitlochry, PH16 5GA 
Application for Change of Use from Residential to Short-term Lets
Planning reference:   23/01362/FLL 
Local Review Body 
Applicants’ response to Planning Officer comments 
It appears that draft or non-statutory  proposals for the Change of Use of Residential Property to
Short-Term Letting accommodation were incorrectly applied to this application  ie: applied before
the  proposals were adopted (reportedly 1 November 2023) or enshrined in Planning Law 
Notwithstanding  this, the Planning Officer appears to continue  to apply the conditions of the STL
guidance retrospectively to the application, declaring that ‘the (adopted) STL  Guidance forms the
most up to date indication of Council policy. 
Observations of policies adopted by other areas of Scotland appear to make the requirement for
planning consent only necessary for properties within newly-formed ‘Control Areas (to  quote: 
………Short-term Let Control Areas bring into force the requirement to obtain planning
permission before a dwellinghouse can be used for short-term letting (as defined in the Act
and Regulations) 
It would seem that Development Control has  applied rulings intended for Control Areas of which
there are none as yet in Highland Perthshire. 
We do not intend to comment individually on the STL conditions as these did not prevail at the time
of application. But it should be noted that the reasons given for refusal are nullified by the fact that
the property has been  used for STL for the past eight years and therefore the ‘impact’ on the local
amenity of the area is tried and tested and there is no ‘loss’ of residential accommodation. 
We re-iterate a claim already made in both our submissions for Planning  Consent and for Local
Review Body consideration  that the suggested procedure for determining  if planning consent were
necessary was to consult a ‘tick-box’ pro-forma entitled ‘Do I need Planning  Permission to use my
property as a short term let?’ and for which a link was provided on the website.   
The document we were referred to was dated ‘latest revision May 2023’. It was from this document
that we ascertained that only one point required addressing by Development Control and that was
the first question – ‘Is your property a flat?).   
The current STL Guidance, in draft or approved form, was not referred  to at the time of submission. 
I R Lewis
Ian Lewis Design        23 February 2024

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