(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 07
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