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(b) Planning Decision Notice, Report of Handling and Reference Documents (Pages 185-206)

Perth and Kinross Council · 16 September 2024
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4(iii)(b) 
LRB-2024-31 
LRB-2024-31
24/00727/FLL - Erection of fence (for a temporary period), 2
Greenacres, Grange, Errol, Perth, PH2 7TB 
PLANNING DECISION NOTICE 
REPORT OF HANDLING 
REFERENCE DOCUMENTS

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REPORT OF HANDLING 
DELEGATED REPORT 
Ref No 24/00727/FLL
Ward No P1- Carse Of Gowrie
Due Determination Date 20th July 2024 
Draft Report Date 19th June 2024
Report Issued by Andrew Rennie Date 03.7.24 
PROPOSAL:  Erection of fence (for a temporary period)    
LOCATION:  2 Greenacres Grange Errol Perth PH2 7TB 
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 site relates to No. 2 Greenacres, a recently completed
dwellinghouse, forming part of an 8-dwellinghouse development at the former Errol
Poultry Farm site. This application seeks detailed planning permission to erect a 1.8
metre high fence for a temporary period, bounding the property’s north-eastern
corner. 
The application originally sought the erection of a full northern boundary fence, on a
permanent basis, but was subsequently revised per the client’s wishes, following on-
going discussions. 
SITE HISTORY  
23/01885/FLL  Erection of 2 dwellinghouses and associated landscaping works 
18 January 2024 Application Approved  
23/01054/FLL  Erection of 3 dwellinghouses, 3 ancillary office pods and
associated landscaping works 
11 October 2023 Application Approved  
22/01879/FLL  Erection of 8 dwellinghouses, 8 ancillary office pods,
landscaping, drainage infrastructure and associated works 
6 April 2023 Application Approved  
PRE-APPLICATION CONSULTATION  
Pre application Reference: none.

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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.    
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 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  
Statutory Supplementary Guidance  
 Supplementary Guidance - Placemaking (adopted in 2020)  
OTHER POLICIES  
Non Statutory Guidance  
None relevant.  
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.

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Planning Advice Notes  
The following Scottish Government Planning Advice Notes (PANs) and Guidance
Documents are of relevance to the proposal: 
 PAN 40 Development Management  
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.  
CONSULTATION  RESPONSES  
Internal  
Transportation And Development
More information requested regarding visibility splays, and a minimum of 2 metres
cycle land provision should be taken into account.  
REPRESENTATIONS  
No representations were received.  
Additional Statements Received:  
Screening Opinion  Not Required
Environmental Impact Assessment (EIA):
Environmental Report
Not applicable
Appropriate Assessment under 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  
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.

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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 introduction of incidental development for an existing dwellinghouse is generally
considered to be acceptable in principle. Nevertheless, consideration must be given
to the scale, form, massing, design, position, proportions and external finishes of the
proposed development, within the context of the application site, and whether it
would have an adverse impact upon visual, residential or environmental amenity.  
In this instance the proposals are considered inappropriate in terms of its design and
positioning, misaligned with the wider development site’s design objectives for
natural boundary planting, consequently resulting in a significant change and erosion
to the established, and intended, amenity.  
Design, Layout and Visual Amenity  
As informed by Placemaking Supplementary Guidance, boundary treatments can
assist in the overall sense of local character. Boundary treatments can define an
area and are an active part of the public realm. As such, they require special
attention in any new development’s design. Non-coniferous hedges can help anchor
any new development to its local setting. 
Identified as an edge of settlement site, the wider residential development (ref.
22/01879/FLL) was approved with respectful and natural settlement boundary lines
appropriate to local amenity and as biodiversity enhancement.  
Placemaking Supplementary Guidance expands that new developments can be
prominent sites in terms of visibility, often the point of entrance into a settlement. In
this instance, the subject site’s boundary treatments along the northern and eastern
boundary are prominently visible on approach to Grange from the East. An attractive
open edge with appropriate planting was an integral part of the approved design and
as such any new proposal deviating from the approved landscaping scheme has to
be considered and assessed. The landscaping and hedges have been previously
approved as a new edge to the settlement and to help integrate the wider
development into its setting.  
As per the case officer’s report for approved permission ref. 22/01879/FLL, it was
considered that “existing natural features will be retained and enhanced to help
integrate the development into the landscape and enhance biodiversity. […] An
attractive and distinct new residential development is proposed through the
redevelopment of the derelict brownfield site and together with new tree planting and
landscaping the proposal will significantly enhance the surrounding environment.”  
Turning to the proposal, the original submission (plan 07) sought the erection of a
permanent 38.5 metre long and 12.5 metre return (north-east corner) fence. The
fence would be 1.8 metres tall with caprail and featuring a 20mm gap for a degree of
intervisibility through the front and rear slats. Through discussion, it came to light that
plan 07 was incorrectly drawn.

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The applicant had provided a revised proposed site plan (plan 08) which offset the
fence 3 metres back from the established plot boundary line, and in line with advice
provided, would also be set back from the potential 3 metre land provision for a
future cycle path. 
On re-assessment of the proposal, concerns were raised with this option due to the
proposed boundary treatment, the resultant disjointed boundary line, severed garden
space creation and the subsequent boundary precedent that would be set. This
design option was later clarified as a temporary solution, whilst allowing for the
approved natural hedge boundaries and planting to continue to grow and mature,
resulting in the much-desired natural screening for amenity and privacy. 
The applicants had re-assessed their proposal and opted for a final revised design
(plan 09) with 13 metres in length and a 12.5 metre return, intended to be less
visually impactful, when compared to previous designs, for a temporary [5 year]
period to allow screening, security and privacy again whilst the approved natural
boundaries establish. 
Ultimately, and through extensive discussion, concerns remained due to the
proliferation precedent for inappropriate suburban style fencing treatments, either as
permanent or temporary designs, being erected at this sensitive edge of settlement
location. The proposal would result in a significant change, albeit temporary, from the
approved natural boundary treatment design, which remains to be the subject of
ongoing discussions in terms of additional supplementation.  
It has been argued that similar boundary treatments have already been erected
throughout the wider development site. Owners can enact their own householder
permitted development rights at any point once their dwellinghouse has received a
certificate of completion. Existing approved timber fencing boundaries, particularly on
the north-western corner were approved in conjunction with stone wall and natural
hedging detail, as part of the wider development site’s design. However, given the
particular positioning of Plot 2 at the north eastern corner of the site, it is not
considered that such a development would be appropriate given its visibility
roadside, and the qualities and character sought through this brownfield
redevelopment. 
The proposal does not comply with NPF4 Policy 14 and 16 (g)(i); LDP2 Policy 1A
and 1B and 17; and as informed by Placemaking Supplementary Guidance and
Creating Places policy statement.   
Natural Heritage and Biodiversity 
It is positive to note that additional tree planting is proposed around the property’s
office pod. As discussed with the applicant, no planning permission is required for
the planting of trees if they so wish to supplement existing and approved planting
arrangements, to increase or provide instant screen planting. 
VARIATION OF APPLICATION UNDER SECTION 32A 
This application was varied prior to determination, in accordance with the terms of
section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. 
The variations incorporate changes to fence design and permanence.

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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.  
Reasons 
1. Approval would be contrary to National Planning Framework 4 Policy 14 (a)
where the proposal is designed in such a way that does not improve the quality of
the area, and (b) where it would detract from the natural landscape and the
approved (ref. 22/01879/FLL) scheme’s visual connection and attractive and
welcoming surroundings, it would be of a detail and finish that erodes an intended
sense of space and legibility and it would erode nature-positive biodiversity
solutions inconsistent with the ‘pleasant’, 'connected', ‘distinctive’ and
‘sustainable’ qualities of a successful place, and (c); Policy 16 criteria (g)(i) where
the proposal would have a detrimental impact on the character and
environmental quality of the surrounding area in terms of design.    
2. Approval would be contrary to the Perth and Kinross Local Development Plan 2
Policy 1A where the development would not contribute positively to the
surrounding or approved (ref. 22/01879/FLL) scheme’s natural environment and
would not respect existing character and amenity by virtue of its design; Policy 1B
with particular note to criteria (a) where the proposal would erode a coherent
boundary and sense of place identity, (b) considers but does not respect the
wider character of the area, (c) its design would not complement its surroundings
in terms of appearance and height and (d) would not respect or reinforce the
approved (ref. 22/01879/FLL) scheme’s natural boundary treatments; and as
informed by Placemaking Supplementary Guidance and Creative Places policy
statement.  
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  
1    There are no relevant informatives.  
Procedural Notes  
Not Applicable.  
PLANS AND DOCUMENTS RELATING TO THIS DECISION  
01 02 03 04 05 06 09

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