Minute of meeting of 12 August 2024
Perth and Kinross Council · 16 September 2024
Back to Local Review Body — 16 September 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 12 August 2024. Present: Councillors B Brawn, D Cuthbert and I Massie. In Attendance: L Tierney (Planning Adviser), C Elliott, (Legal Adviser) and K Molley (Senior Democratic Governance Officer) (all Strategy, People and Resources). Also Attending: A Brown and S Dockerill (both Strategy, People and Resources). 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 8 July 2024 was submitted and noted. 4. APPLICATIONS FOR REVIEW (i) LRB-2024-26 Planning Application - 24/00180/FLL – Siting of an office, formation of hardstanding and associated works (in retrospect), Glen Cottage, Glentarkie, Strathmiglo, Cupar, KY14 7RX – Mr and Mrs Flinthill Members considered a Notice of Review seeking a review of the decision by the Appointed Officer to refuse siting of an office, formation of hardstanding and associated works (in retrospect), Glen Cottage, Glentarkie, Strathmiglo, Cupar, KY14 7RX. 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.
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Thereafter, resolved by unanimous decision that: (ii) the review application for siting of an office, formation of hardstanding and associated works (in retrospect), Glen Cottage, Glentarkie, Strathmiglo, Cupar, KY14 7RX, be granted subject to the imposition of relative terms, conditions and informatives, including a condition to clad the building in timber. Justification Members considered that as the development is not overly prominent or visible and fits the location, it accords with the Development Plan and therefore the proposal should be granted. (ii) LRB-2024-27 Planning Application - 23/01661/FLL – Change of use of flat to short- term let accommodation unit (in retrospect), 40 Low Road, Perth, PH2 0NF – Ms N Angus Members considered a Notice of Review seeking a review of the decision by the Appointed Officer to refuse change of use of flat to short-term let accommodation unit (in retrospect), 40 Low Road, Perth, PH2 0NF. 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 majority decision that: (ii) the review application for change of use of flat to short-term let accommodation unit (in retrospect), 40 Low Road, Perth, PH2 0NF, be granted subject to the imposition of relative terms, conditions and informatives. Justification Members considered that as the property is one bedroomed; the area is not wholly residential in nature; and there is an economic benefit, there is no unacceptable impact on the character or amenity of the area, and therefore the proposal should be granted. Note Councillor B Brawn dissented from the majority opinion. He considered that as the street is predominantly residential this would affect the residential amenity of other residents, and therefore the proposal should be refused.
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(iii) LRB-2024-28 Planning Application - 24/00093/FLL – Installation of replacement windows and door and installation of gas meter (in part retrospect), 31 James Street, Perth, PH2 8LZ – Mr M Black Members considered a Notice of Review seeking a review of the decision by the Appointed Officer to refuse installation of replacement windows and door and installation of gas meter (in part retrospect), 31 James Street, Perth, PH2 8LZ. 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, insufficient information was before the Local Review Body to determine the matter without further procedure. (ii) once available, Development Management to review and comment on the decision of the DPEA for LBA-340-2034. (iii) The applicant to review and comment on the decision from the DPEA and the response from Development Management as per (ii) above. (iv) Following receipt of all information and responses, the application, together with a copy of the DPEA decision on LBA-340-2034 be brought back to a future meeting of the Local Review Body. 5. DEFERRED APPLICATIONS FOR REVIEW (i) LRB-2024-10 Planning Application - 23/01564/FLL - Erection of dwellinghouse, land 20 metres south west of 4 Lageonan Road, Grandtully, Aberfeldy – Mr S Hendry Members considered a Notice of Review seeking a review of the decision by the Appointed Officer to refuse the erection of a dwellinghouse, land 20 metres south west of 4 Lageonan Road, Grandtully, Aberfeldy. 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. It was noted that, at its meeting on 13 May 2024, the Local Review Body resolved that insufficient information was before the to determine the application without further procedure; (i) having regard to the material before the Local Review Body and the comments from the Planning Adviser, insufficient information was before the Local Review Body to determine the matter without further procedure; (ii) Development Management to review and comment on the Tree Survey, Arboricultural Impact Assessment, Tree Protection and Compensatory Planting Plan
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attached to the applicant’s Notice of Review; (iii) Transport Planning to review and comment on the visibility splay included in the updated site plan attached to the applicant’s Notice of Review; (iv) The applicant to review and comment on the responses as per (ii) and (iii) above; and (v) Following receipt of all information and responses, the application be brought back to a future meeting of the Local Review Body. 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 majority decision that: (ii) the review application for the erection of a dwellinghouse, land 20 metres south west of 4 Lageonan Road, Grandtully, Aberfeldy, be granted subject to the imposition of relative terms, conditions and informatives, including conditions for (i) retention of trees and protection during construction; (ii) compensatory planting; contaminated land; (iii) noise mitigation; and (iv) lowering of fence height to aid visibility splays. Justification Although this proposal constitutes a minor departure from policy as the site is outwith the settlement boundary, the landscape framework is such that allowing this dwellinghouse does not set a precedent for the future and the development has the appearance of being part of the settlement. Therefore, the proposal should be granted. Note Councillor I Massie dissented from the majority opinion. He considered that although of modest scale, the proposal is contrary to NPF4 and Perth and Kinross Local Development Plan 2 (2019) mainly as it is outwith the settlement boundary. Councillor Massie agreed with the Appointed Officer’s Reasons for Refusal Nos 1,2 and 3. (ii) LRB-2024-13 Planning Application – 22/01959/FLL - Mixed use development comprising alterations to church, relocation of memorial, erection of community centre with sport/education facilities, offices, community café, formation of replacement MUGA, landscaping, parking and associated works, land 30 metres west of St Columba's Episcopal Church, 19 Perth Road, Stanley – Stanley Development Trust Members considered a Notice of Review seeking a review of the decision by the Appointed Officer to refuse the mixed use development comprising alterations to church, relocation of memorial, erection of community centre with sport/education facilities, offices, community café, formation of replacement MUGA, landscaping, parking and associated works, land 30 metres west of St Columba's Episcopal Church, 19 Perth Road, Stanley.
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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. It was noted that, at its meeting on 13 May 2024, the Local Review Body resolved that insufficient information was before them to determine the application without further procedure; (i) having regard to the material before the Local Review Body and the comments from the Planning Adviser, insufficient information was before the Local Review Body to determine the matter without further procedure; (ii) The applicant to provide, by written submission, the outcome of the Listed Building Consent appeals that are currently being considered by the DPEA; and (iii) Following receipt of the DPEA decisions, the application be brought back to a future meeting of the Local Review Body. 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 majority decision that: (ii) the review application for the mixed use development comprising alterations to church, relocation of memorial, erection of community centre with sport/education facilities, offices, community café, formation of replacement MUGA, landscaping, parking and associated works, land 30 metres west of St Columba's Episcopal Church, 19 Perth Road, Stanley, be granted subject to the imposition of relative terms, conditions and informatives. Justification Members considered that although the proposal is contrary to policy, there are other material considerations including the provision of much needed community facilities, and therefore the proposal should be granted. Note Councillor B Brawn dissented from the majority opinion. He considered that although there is a need for a community hub in Stanley, the construction will overwhelm the war memorial due to the massing of the building, and therefore the proposal should be refused.