(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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