(b) Planning Decision Notice, Report of Handling and Reference Documents (Pages 73-90)
Perth and Kinross Council · 12 August 2024
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4(ii)(b) LRB-2024-27 LRB-2024-27 23/01661/FLL – Change of use of flat to short-term let accommodation unit (in retrospect), 40 Low Road, Perth, PH2 0NF PLANNING DECISION NOTICE REPORT OF HANDLING REFERENCE DOCUMENTS (par included in applicant’s submission, pages 69-72)
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REPORT OF HANDLING DELEGATED REPORT Ref No 23/01661/FLL Ward No P10- Perth City South Due Determination Date 9th March 2024 Draft Report Date 4th March 2024 Report Issued by JC Date 4th March 2024 PROPOSAL: Change of use of flat to short-term let accommodation unit (in retrospect) LOCATION: 40 Low Road Perth PH2 0NF 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 This application is for the retrospective change of use of a first floor one-bedroom flat to a short-term let accommodation unit in a three-storey tenement block on Low Road which comprises six flats. Access to the flat is via a pend and turnpike staircase at the rear of the building. The site is within Perth Settlement and Air Quality Management Area, the River Tay SAC Catchment, and within the Transport Infrastructure Full Contributions Area. SITE HISTORY None relevant PRE-APPLICATION CONSULTATION Pre application Reference: None 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 13: Sustainable Transport Policy 14: Design, Quality and Place Policy 30: Tourism 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 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance Supplementary Guidance - Placemaking (adopted in 2020) OTHER POLICIES Non Statutory Guidance Non-Statutory Planning Guidance – Change of Use of Residential Property to Short-Term Let (adopted in November 2023) 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
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Creating Places 2013 Creating Places is the Scottish Government’s policy statement on architecture and place. It sets out the comprehensive value good design can deliver. It notes that successful places can unlock opportunities, build vibrant communities and contribute to a flourishing economy and set out actions that can achieve positive changes in our places. Designing Streets 2010 Designing Streets is the policy statement in Scotland for street design and changes the emphasis of guidance on street design towards place-making and away from a system focused upon the dominance of motor vehicles. It was created to support the Scottish Government’s place-making agenda, alongside Creating 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 Internal Consultees Environmental Health (Noise Odour) – No objections subject to short term let licensing informative. Communities Housing Strategy – No comments received. REPRESENTATIONS 0 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 Submitted 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 proposal seeks to retrospectively change the use of an existing first floor flat in Perth settlement to a short term let. The primary policy in this instance is NPF4 Policy 30(e): Tourism, as there is no specific LDP2 policies relating to Short-Term Let accommodation, particularly where changes of use of existing properties are concerned. As such, LDP2 Placemaking Policies 1A and 1B, and 17: Residential Areas have relevance for a proposal of this nature, and seek to protect or improve residential amenity, and create safe, accessible, inclusive places for people. Specifically, NPF4 Policy 30(e): Tourism states that Development proposals for the reuse of existing buildings for short term holiday letting will not be supported where the proposal will result in: i. An unacceptable impact on local amenity or the character of a neighbourhood or area; or ii. The loss of residential accommodation where such loss is not outweighed by demonstrable local economic benefits. In respect of criterion (i) of NPF4 Policy 30(e), the proposed use of the property as a short term let is not significantly different from a flat in terms of its physical appearance, the extent of guest footfall or noise emanating from the property, so long as good management practices are in place. However, the high turnover of guests both to date and in future is likely higher than typical private rented or owner-occupied accommodation, and this can have an impact on noise and disturbance to neighbours. Whereas such impacts may be offset in town centre or mixed use areas, the same cannot be said in a predominantly residential area such as this. It is acknowledged that the Cherrybank Inn public house is located further west along Low Road, and that the Craigie Hill Golf Club occupies Green Belt land to the south. However, the eastern part of Low Road as it rises to the junction with Glasgow Road is almost exclusively comprised of residences.
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In respect of criterion (ii) of NPF4 Policy 30(e), the proposal has resulted in the loss of a flat to short term let accommodation in an urban location. It is also acknowledged that the Council’s Housing Strategy have undertaken consultation in respect of the introduction of a Short Term Let Control Area, however no such Control Area has yet been formally designated. It is also acknowledged that economic benefits can derive from small-scale short-term let accommodation which provides access to a range of attractions and activities for business and leisure guests alike. As such, the loss of this one-bedroom flat in Perth to short term let accommodation does not have a significant impact on the availability of residential accommodation in the local area. Notwithstanding this, the proposal, by virtue of its location in a predominantly residential area, conflicts with NPF4 Policy 30(e)(i) Tourism, and the intent of LDP2 Policies 1A: Placemaking and 17: Residential Areas. The principle in this instance is therefore unacceptable. Residential Amenity NPF4 Policy 14: Design, Quality and Place and LDP2 Policies 1A: Placemaking, and 17: Residential Areas supports proposals, including business and tourism, which are compatible with the amenity and character of the surrounding area, and consistent with the six qualities of successful places. It is acknowledged that short term lets can result in additional levels of disturbance and noise concerns, and that the primary avenue to regulate such matters is via the separate licensing regime. In this instance, there is the potential for noise from the users of the property to affect neighbouring residential properties. The introduction of Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 requires these to licensed and noise conditions will form part of the licence. Notwithstanding this, a recent appeal decision from the DPEA elsewhere in Perth and Kinross at Birnam (ref: PPA-340-2155), indicated that management guidelines cannot be relied upon to restrict or control the adverse impacts on neighbouring properties and harm to amenity. Furthermore, harm to amenity could arise even if there is effective control, due to the frequent turnover of guests. The proposed intensification of use and movements are likely to adversely impact the amenity of neighbouring residents within the host building and alter the existing residential character of the eastern part of Low Road. As such, the proposal fails to accord with the intent of NPF4 Policy 14(c) and LDP2 Policies 1A and 17 in respect of residential amenity, by virtue of its location in a predominantly residential area. Visual Amenity No external works are proposed as part of this proposed change of use of a flat. Ass such, there are no concerns in terms of visual amenity.
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Roads and Access The proposals raise no access or parking concerns as on-street parking is available nearby. There are bus stops nearby on Glasgow Road. In these respects the proposal accords with NPF4 Policy 13 and LDP2 Policy 60B. Drainage and Flooding There are no drainage or flooding concerns associated with this proposal. Waste Collection The waste collection arrangements are likely to be similar to the lawful use as a flat and as such no concern is raised. Other Material Considerations STL Guidance adopted in November 2023 Non-statutory Planning Guidance for the Change of Use of Residential Property to Short-Term Let (STL Guidance) has recently 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 a predominantly residential area in Perth Settlement. 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.
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In the absence of the formal designation of a Short Term Let Control Area, the proposed loss of this particular residence is not considered detrimental to housing availability in the wider area, and may have a modest economic benefit. However, as set out elsewhere in this report, the proposal raises concern in terms of residential amenity and its effect on the character of a predominantly residential area. As such, the proposal fails to accord with the policy intent of the adopted STL Guidance. This aligns with the officer assessment of the proposal against adopted Development Plan policies. 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 limited to guest and operator expenditure in the local economy. VARIATION OF APPLICATION UNDER SECTION 32A This application was not varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. 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 National Planning Framework 4 (2023) Policies 14(c): Design, Quality and Place and 30(e)(i): Tourism, and Perth and Kinross Local Development Plan 2 (2019) Policies 1A: Placemaking and Policy 17(d):
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Residential Areas as the short-term let accommodation adversely impacts on the amenity of neighbouring residents and the short-term let use is not compatible with the amenity and character of the surrounding predominantly residential area. 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 None Procedural Notes Not Applicable. PLANS AND DOCUMENTS RELATING TO THIS DECISION 01 02 03
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