Minute of meeting of 8 July 2024
Perth and Kinross Council · 12 August 2024
Back to Local Review Body — 12 August 2024 and its agenda
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PERTH AND KINROSS LOCAL REVIEW BODY Minute of hybrid meeting of the Perth and Kinross Local Review Body held on Monday 8 July 2024. Present: Councillors B Brawn, G Stewart and R Watters. In Attendance: L Tierney (Planning Adviser), G Fogg, (Legal Adviser) and D Williams (Democratic Governance Officer) (all Strategy, People and Resources). Also Attending: A Brown and M Pasternak (both Strategy, People and Resources) and C McLaren (Economy, Place and Learning). Councillor B Brawn, Convener, Presiding 1. WELCOME Councillor Brawn welcomed all present to the meeting. 2. DECLARATIONS OF INTEREST There were no Declarations of Interest made in terms of the Councillors Code of Conduct. 3. MINUTES The minute of meeting of the Local Review Body of 10 June 2024 was submitted and noted. 4. APPLICATIONS FOR REVIEW (i) LRB-2024-19 Planning Application - 23/01765/FLL – Erection of dwellinghouse, land 80 metres south west of Gellybank Farm, Kinross – Mr D Stewart Members considered a Notice of Review seeking a review of the decision by the Appointed Officer for the erection of dwellinghouse, land 80 metres south west of Gellybank Farm, Kinross. The Planning Adviser displayed photographs of the site and described the proposal, and thereafter summarised the Appointed Officer’s Report of Handling and the grounds set out in the Notice of Review. Decision: Resolved by unanimous decision that: (i) having regard to the material before the Local Review Body and the comments from the Planning Adviser, sufficient information was before the Local Review Body to determine the matter without further procedure. Thereafter, resolved by unanimous decision that: 3
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(ii) the review application for erection of dwellinghouse, land 80 metres south west of Gellybank Farm, Kinross, be refused for the following reasons: 1. The proposal is contrary to Policy 19 Housing in the Countryside of the Perth and Kinross Council Local Development Plan 2 (2019) and the associated Housing in the Countryside Supplementary Guidance 2020 (SG) as the site is not part of an existing building group and cannot be considered to extend the group into a definable site as the landscaping which has been planted along the northern boundary appears to have been planted with the sole purpose of creating a development site. The SG explicitly states that “fencing or young trees or hedging planted with the specific intention of creating a site will not be accepted as existing landscape features for the purposes of this Supplementary Guidance”. The proposal also fails to meet any of the other categories of development outlined in the SG. 2. The proposal is contrary to Policy 9(b) of National Planning Framework 4 (NPF4) as the proposal is on a greenfield site and is not explicitly supported by policies of the Perth and Kinross Local Development Plan 2 (2019). The proposal also fails to meet any of the categories of development allowed by Policy 17: Rural Homes of NPF4. 3. The proposal is contrary to Policies 1A, 19 and 56 of the Perth and Kinross Local Development Plan 2 (2019) and Policies 14(c) and 23 of NPF4 which seek to ensure that an appropriate level of residential amenity for proposed dwelling is provided and states that there is a presumption against the siting of noise sensitive land uses near sources of noise generation. There is some doubt as to the existing level of use of the neighbouring livery yard and farm buildings and the noise therefrom has the potential to impact detrimentally on the amenity of the proposed dwelling and lack of information, in the form of a noise impact assessment, has been submitted to allow an assessment of this to be made. Justification The proposal is not in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. (ii) LRB-2024-20 Planning Application - 23/02046/FLL – Alterations to dwellinghouse, 41 Coltward Holding, Campmuir, Blairgowrie, PH13 9LN – Mr and Mrs Burt Members considered a Notice of Review seeking a review of the decision by the Appointed Officer to refuse alterations to dwellinghouse, 41 Coltward Holding, Campmuir, Blairgowrie, PH13 9LN.
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The Planning Adviser displayed photographs of the site and described the proposal, and thereafter summarised the Appointed Officer’s Report of Handling and the grounds set out in the Notice of Review. Decision: Resolved by unanimous decision that: (i) having regard to the material before the Local Review Body and the comments from the Planning Adviser, sufficient information was before the Local Review Body to determine the matter without further procedure. Thereafter, resolved by unanimous decision that: (ii) the review application for alterations to dwellinghouse, 41 Coltward Holding, Campmuir, Blairgowrie, PH13 9LN, be refused for the following reasons: 1. The proposal, by virtue of its uncharacteristic gabled end, disproportionately long ridge length, bulky dormer window which projects above the roof ridge and incongruous clerestory feature, would unbalance and distort the charter and appearance of the hipped roof bungalow, to the detriment of its visual amenity. Approval would therefore be contrary to Policies 14 and 16(g) of National Planning Framework 4 2023, Policies 1A and 1B(c) and (g) of the Perth and Kinross Local Development Plan 2 (2019) and Perth and Kinross Council’s Placemaking Guide 2020, which seek to ensure that developments contribute positively to the quality of the surrounding environment in terms of design, proportions, shape, form and appearance, in order to respect the character and amenity of the place. Justification The proposal is not in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. (iii) LRB-2024-21 Planning Application - 23/02043/FLL – Alterations and extension to dwellinghouse and formation of raised patio, Ochil Cottage, Main Street, Glenfarg, Perth, PH2 9NY – Mr M Williams Members considered a Notice of Review seeking a review of the decision by the Appointed Officer to refuse alterations and extension to dwellinghouse and formation of raised patio, Ochil Cottage, Main Street, Glenfarg, Perth, PH2 9NY. The Planning Adviser displayed photographs of the site and described the proposal, and thereafter summarised the Appointed Officer’s Report of Handling and the grounds set out in the Notice of Review. Decision: Resolved by unanimous decision that:
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(i) having regard to the material before the Local Review Body and the comments from the Planning Adviser, sufficient information was before the Local Review Body to determine the matter without further procedure. Thereafter, resolved by unanimous decision that: (ii) the review application for alterations and extension to dwellinghouse and formation of raised patio, Ochil Cottage, Main Street, Glenfarg, Perth, PH2 9NY, be refused for the following reasons: 1. The proposal, by virtue of its design, siting and scale, would have a detrimental impact on the traditional character of the existing house, and it would not complement its surroundings. Approval would therefore by contrary to Policy 16(g)(i): Quality Homes of National Planning Framework 4, contrary to Policies 1A and 1B(c): Placemaking of the Perth and Kinross Local Development Plan, and contrary to the Perth and Kinross Placemaking Supplementary Guidance 2020. 2. The proposal, by virtue of the overlooking from the window on the south elevation and the overlooking from the raised patio, would have a detrimental impact on the residential amenity of the neighbouring properties to the north and the south. Approval would therefore be contrary to Policy 16(g)(ii): Quality Homes of National Planning Framework 4, contrary to Policy 17: Residential Areas of the Perth and Kinross Local Development Plan 2, and contrary to Perth and Kinross Placemaking Supplementary Guidance 2020. 3. The proposal, by virtue of the scale of the extension and its proximity to the boundary, would result in overshadowing of the residential property to the north. Approval would therefore be contrary to Policy 16(g)(ii): Quality Homes of National Planning Framework 4, contrary to Policy 17: Residential Areas of the Perth and Kinross Local Development Plan 2, and contrary to the Perth and Kinross Placemaking Supplementary Guidance 2020. 4. The proposal, by virtue of the scale and design of the extension and its proximity to the boundary, would have an overbearing physical impact on the residential property to the north. Approval would therefore be contrary to Policy 16(g)(ii): Quality Homes of Naitional Planning Framework 4, contrary to Policy 17: Residential Areas of the Perth and Kinross Local Development Plan 2, and contrary to the Perth and Kinross Placemaking Supplementary Guidance 2020. Justification The proposal is not in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan.
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(iv) LRB-2024-22 Planning Application – 23/02071/FLL – Erection of replacement dwellinghouse and associated works, 42 Muirend Road, Perth, PH1 1JU – Mr C Allan Members considered a Notice of Review seeking a review of the decision by the Appointed Officer to refuse the erection of replacement dwellinghouse and associated works, 42 Muirend Road, Perth, PH1 1JU. The Planning Adviser displayed photographs of the site and described the proposal, and thereafter summarised the Appointed Officer’s Report of Handling and the grounds set out in the Notice of Review. Decision: Resolved by unanimous decision that: (i) having regard to the material before the Local Review Body and the comments from the Planning Adviser, sufficient information was before the Local Review Body to determine the matter without further procedure. Thereafter, resolved by unanimous decision that: (ii) the review application for the erection of replacement dwellinghouse and associated works, 42 Muirend Road, Perth, PH1 1JU, be refused for the following reasons: 1. The proposal is contrary to Policy 17 Residential Areas of the Perth and Kinross Local Development Plan 2 (2019) as the proposal is considered to represent an overdevelopment of the site when taking account of the areas environs, established building heights and surrounding house types as a consequent the development is incompatible with the character and amenity of the area. 2. The proposal is contrary to NPF4 Policy 14 Design Quality and Plan 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. (v) LRB-2024-23 Planning Application –23/00371/FLL – Erection of a holiday accommodation unit, ancillary shed and associated works, land at A’phairc Loisgte, Rannoch – Mr E Mustin and Ms L Patterson Members considered a Notice of Review seeking a review of the decision by the Appointed Officer to refuse the erection of a holiday accommodation unit, ancillary shed and associated works, land at A’phairc Loisgte, Rannoch.
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The Planning Adviser displayed photographs of the site and described the proposal, and thereafter summarised the Appointed Officer’s Report of Handling and the grounds set out in the Notice of Review. Decision: Resolved by unanimous decision that: (i) having regard to the material before the Local Review Body and the comments from the Planning Adviser, sufficient information was before the Local Review Body to determine the matter without further procedure. Thereafter, resolved by unanimous decision that: (ii) the review application for the erection of a holiday accommodation unit, ancillary shed and associated works, land at A’phairc Loisgte, Rannoch, be refused for the following reasons: 1. The site is located outwith any settlement boundary identified within the adopted Perth and Kinross Local Development Plan 2 (2019), and the proposed holiday accommodation unit does not relate to an expansion of an existing business or a new business that is connected to an existing site-specific resource or opportunity. The proposal is therefore contrary to the specific requirements of Policy 8 (Rural Business and Diversification) of the adopted Perth and Kinross Local Development Plan 2 (2019) which only allows for new rural businesses in the open countryside in certain circumstances. 2. As the proposal is on a greenfield site which has not been allocated for development within the adopted Perth and Kinross Local Development Plan 2 (2019), and the proposal is not explicitly supported by policies in the Perth and Kinross Local Development Plan 2 (2019), the proposal is contrary to Policy 9(b) (Brownfield, vacant and derelict land and empty buildings) of the National Planning Framework 4 (2023). 3. It has not been demonstrated that the site is not at risk from flooding. The proposal is therefore contrary to Policy 22 (Flood Risk and Water Management) of the National Planning Framework 4 (2023) and Policy 52 (New Development and Flooding) of the adopted Perth and Kinross Local Development Plan 2 (2019), both of which state that new development should not take place on areas which are at risk from flooding. 4. The proposal does not include any of the uses listed in Policy 29(a) (Rural Development) of the National Planning Framework 4 (2023) which specifically includes the diversification of an existing business, and due to flood risk, the proposal is inappropriately sited. The proposal is therefore contrary to Policy 29(a) and (b) of the National Planning Framework 4 (2023) as the development fails to meet some of the key criteria required for new development in rural areas.
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Justification The proposal is not in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. (vi) LRB-2024-25 Planning Application –23/02142/FLL – Siting of 2 holiday accommodation units and associated works, Chapter House, Fossoway, Kinross, KY13 9UP – Mr D Pilkington Members considered a Notice of Review seeking a review of the decision by the Appointed Officer to refuse the siting of 2 holiday accommodation units and associated works, Chapter House, Fossoway, Kinross, KY13 9UP. The Planning Adviser displayed photographs of the site and described the proposal, and thereafter summarised the Appointed Officer’s Report of Handling and the grounds set out in the Notice of Review. Decision: Resolved by unanimous decision that: (i) having regard to the material before the Local Review Body and the comments from the Planning Adviser, sufficient information was before the Local Review Body to determine the matter without further procedure. Thereafter, resolved by unanimous decision that: (ii) the review application for the siting of 2 holiday accommodation units and associated works, Chapter House, Fossoway, Kinross, KY13 9UP, be refused for the following reasons: 1. The proposed development fails to meet the relevant criteria for countryside development to be justified, is not compatible with the private rural residential development, would have a significant detrimental impact on residential amenity, promotes unsustainable travel patters by virtue of its remoteness from public transport options, and fails to meet a specific need by virtue of its quality or location in relation to existing businesses or tourist facilities. The proposed holiday accommodation is contrary to Policy 13: Sustainable Transport (part b), Policy 29: Rural Development (part b), and Policy 30: Tourism (part b) of National Planning Framework 4 (2023), and Policy 8: Rural Business and Diversification, Policy 9C: Caravan Sites, Chalets and Timeshare Developments: Chalets, Timeshare and Fractional Ownership, and Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals of the Perth and Kinross Local Development Plan 2 (2019). 2. The proposed development is poorly designed and incompatible with the amenity and character of the surrounding residential development and is therefore contrary to Policy 14: Design, Quality and Place of National
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Planning Framework 4 (2023) and Policy 1: Placemaking of the Perth and Kinross Local Development Plan 2 (2019). Justification The proposal is not in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan.