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(b) Planning Decision Notice, Report of Handling and Reference Documents (Pages 287-306)

Perth and Kinross Council · 8 July 2024
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4(iv)(b) 
LRB-2024-22 
LRB-2024-22
23/02071/FLL – Erection of replacement dwellinghouse and
associated works, 42 Muirend Road, Perth, PH1 1JU 
PLANNING DECISION NOTICE 
REPORT OF HANDLING 
REFERENCE DOCUMENTS (part included in
applicant’s submission, pages 279-285)

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REPORT OF HANDLING  
DELEGATED REPORT  
Ref No 23/02071/FLL
Ward No P10- Perth City South
Due Determination Date 12th February 2024 
Draft Report Date 6th February 2024
Report Issued by JF Date 06.02.2024  
PROPOSAL:  Erection of replacement dwellinghouse and
associated works    
LOCATION:  42 Muirend Road Perth PH1 1JU   
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 the erection of a replacement dwellinghouse at 42 Muirend
Road, Perth.  The site is within a residential street bound by dwellings to the
east/west/north, to the south is open space. 
The proposal relates to a single storey dwelling with detached garage and carport. 
The proposal is to demolish and erect a 1 ½ storey dwelling.  
SITE HISTORY  
No recent site history 
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.

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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 1: Tackling the Climate and Nature Crisis
Policy 2: Climate Mitigation and Adaptation
Policy 14: Design, Quality and Place
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 32: Embedding Low & Zero Carbon Generating Technologies in New
Development
Policy 53B: Water Environment and Drainage: Foul Drainage
Policy 60B: Transport Standards and Accessibility Requirements: New Development
Proposals  
Statutory Supplementary Guidance  
• Supplementary Guidance - Developer Contributions & Affordable Housing
(adopted in 2020)
• Supplementary Guidance - Placemaking (adopted in 2020)  
OTHER POLICIES  
Non Statutory Guidance  
• Planning Guidance - Planning & Biodiversity  
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:

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• 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  
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.  
CONSULTATION  RESPONSES  
Scottish Water    No objection 
Transportation And Development  No objection  
Environmental Health (Noise Odour) No objection 
Development Contributions Officer No contribution required 
REPRESENTATIONS  
8 representations were received – 2 objections and 6 support
Objections  
• Replacement design not in keeping 
• Too high 
• Overshadowing 
• Noise pollution from heat pump 
Support 
• General support for development 
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

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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.    
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  
The site is located within the Perth settlement boundary where Policy 17 of LDP2
applies.  The proposal relates to a replacement dwelling and the principle of
development is acceptable, however the detail of the proposal requires to be
considered.    
Policies 1A and B are of relevance in relation to the design and density.  The policy
states that development should contribute positively to the surrounding built and
natural environment and respect the character and amenity of the place.  It also
states that development should complement its surroundings in terms of
appearance, height, scale, massing, materials, finishes and colours.    
The Council's associated Placemaking Supplementary Guidance 2020 also provides
further guidance on proposals for development giving further detailed advice in
addition to the policy. 
Policy 14 Design outlines 6 qualities for successful spaces and Policy 16 Quality
Homes supports sustainable development in the right locations.  The small scale of
this development doesn't directly fall under considerations within this national policy.  
The existing dwelling is modest in scale, single storey with a low pitched roof
reflecting the wider character of development in the area.  In particular the houses on
either side are directly comparable in terms of height/mass/design. 
As detailed further in the subsequent sections the proposed replacement dwelling by
virtue of the design doesn't reflect the existing character of development in the area.  
Therefore due to the design and form of the replacement dwelling the proposal (with
reasons given in more detail in the next section) is considered to be contrary to
policies 1A and B, the supplementary guidance and 17 of the Perth and Kinross
Local Development Plan 2019.

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Design and Layout  
The dwelling proposed is 1 ½ storey and has a substantial mass due to the height,
footprint and projecting rear extensions.  There is no comparison of the existing and
proposed dwelling within the submission for example an overlay of the original
dwelling on the proposed elevation plans.  There is also no street elevation to
demonstrate how the new build would sit in between the bungalows on either side.    
The proposed dwelling is 7.6m in height and 1 ½ storey.  Although there is no
comparison (as noted above) the existing dwelling and the neighbouring ones are
approximately 4.6m in height, the proposal would therefore be a considerable
increase in height.  It is considered that the proposed height of the dwelling does not
complement its surroundings and respect the character of the area. 
In addition to the increase in height the dwelling due to the overall footprint has a
large mass which contrasts significantly with surrounding development.  The dwelling
would be out of character in the street scene.  
There is no objection to the principle of replacing the dwelling but the existing
dwelling and its neighbours must provide a point of reference for the replacement
design and this has been missed here.  It is doubtful that more than a single storey
(in appearance) dwelling can be accommodated within the site and if the applicant
wishes to pursue anything which varies from the neighbouring designs/heights it
would need to be supported by information which demonstrates its compatibility with
the neighbouring plots, street scene etc. 
The proposed replacement dwelling by virtue of its design/height/mass is not
considered to be compatible with the character and amenity of the place and is
therefore contrary to Policy 1 Placemaking and the supplementary guidance, Policy
17 Residential Areas of LDP 2 and Policy 14 Design of NPF4. 
Residential Amenity  
The neighbouring dwellings are located in close proximity to the boundaries but due
to the single storey heights the presence of windows is mitigated by mature
boundary planting.  In this case the increase in height has introduced upper floor
windows however the majority of which overlook the rear garden or driveway.  Three
windows (on side elevations) at 1st floor serve a hallway and ensuites so would not
result in overlooking. 
The dwelling due to the increase in height and resultant overall large mass which
may have an impact on overshadowing to neighbouring properties but this has not
been further considered due to the unacceptable design.  If the design had been
acceptable further information would have been requested in relation to the
overshadowing/loss of daylight impact. 
The proposal includes a single woodburning stove, associated flue and an air source
heat pump.  These are domestic scale and located appropriately conditions would be
required if the proposal was acceptable.

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Roads and Access  
The vehicular access is proposed via the existing access onto Muirend Road and
three parking bays are proposed to remain. Visibility onto the existing footway is
obstructed by the existing hedge. A 2.4m x 2.4m pedestrian inter-visibility splay to
the footway will be required so that drivers have clear sight of pedestrians when
emerging onto the footway and roadway.  A condition would be required if the
proposal was acceptable. 
Drainage and Flooding  
The replacement dwelling would not require any new drainage connections. 
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.  
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.  
Conditions and Reasons 
1 The proposal is contrary to Policy 17 Residential Areas of the Perth and
Kinross Council Local Development Plan 2 (2019) as the proposal is considered to
represent an overdevelopment of the site when taking account of the areas environs,

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established building heights and surrounding house types as a consequence the
development is incompatible with the character and amenity of the area.  
2 The proposal is contrary to NPF4 Policy 14 Design Quality and Place and
LDP2 Policy 1 Placemaking and related Placemaking Supplementary Guidance
(2020) as the development would not contribute positively to the quality of the
surrounding built environment.  The design and resultant height of development does
not respect the character of development in the locality.  
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  
N/A  
Procedural Notes  
Not Applicable.  
PLANS AND DOCUMENTS RELATING TO THIS DECISION  
01
02
03
04
05
06
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