(b) Planning Decision Notice, Report of Handling and Reference Documents (Pages 299-328)
Perth and Kinross Council · 16 September 2024
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4(v)(b) LRB-2024-33 LRB-2024-33 Review of Condition 9b) imposed on planning permission 24/00469/FLL (Erection of a replacement dwellinghouse at Rivenswift, 3 Dunsinnan Road, Wolfhill, Perth, PH2 6TL PLANNING DECISION NOTICE REPORT OF HANDLING REFERENCE DOCUMENTS (part included in applicant’s submission, pages 295-297)
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REPORT OF HANDLING DELEGATED REPORT Ref No 24/00469/FLL Ward No P2- Strathmore Due Determination Date 1st June 2024 Draft Report Date 19th July 2024 Report Issued by Andy Baxter Date 19 July 2024 PROPOSAL: Erection of a replacement dwellinghouse LOCATION: Rivenswift, 3 Dunsinnan Road, Wolfhill, Perth, PH2 6TL SUMMARY: This report recommends approval of a detailed planning application for the erection of a replacement dwelling on a site at Wolfhill, as the development (subject to conditions) is considered to comply with the relevant provisions of the Development Plan and there are no material considerations apparent which outweigh the Development Plan. BACKGROUND AND DESCRIPTION OF PROPOSAL This planning application seeks to obtain detailed planning permission for the erection of a replacement dwelling on a site at Wolfhill, outside Guildtown. The existing dwelling is a small, non-descript single storey cottage, and it is proposed to replace that dwelling with a far larger dwelling which will provide living accommodation over two levels – the upper level contained partly within the roofspace. During the consideration of this application, some design changes were made to the initially submitted proposal to address some of the initial concerns which were raised by the Council. SITE HISTORY Two previous details planning applications had been refused planning permission in 2021 (21/01263/FLL and 21/01896/FLL). Both these applications were refused on the grounds of design issues. PRE-APPLICATION CONSULTATION None undertaken. DEVELOPMENT PLAN The Development Plan for the area comprises National Planning Framework 4 (NPF4), the Perth and Kinross Local Development Plan 2 (2019) (LDP2) and statutory supplementary planning guidance (SPG).
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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 3: Biodiversity 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 site is located within the landward area of the LDP2, where the following policies are applicable, Policy 1A: Placemaking Policy 1B: Placemaking Policy 5: Infrastructure Contributions Policy 17: Residential Areas Policy 40: Trees Policy 41: Biodiversity Policy 60: Transport Standards Statutory Supplementary Planning Guidance The following statutory SPG are applicable to this proposal, Developer Contributions and Affordable Housing Placemaking Guide OTHER PKC POLICIES Non-Statutory Guidance The following non-statutory planning guidance is applicable to this proposal, Planning and Nature
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NATIONAL PLANNING GUIDANCE The Scottish Government expresses its planning policies through 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 PAN 51 Planning, Environmental Protection and Regulation PAN 61 Planning and Sustainable Urban Drainage Systems 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. EXTERNAL CONSULTATION RESPONSES Scottish Water has commented on the proposal and raised no objections in terms of public capacity issues. INTERNAL COUNCIL COMMENTS Transportation And Development has commented on the proposal and raised no concerns in relation to parking and turning areas. Development Contributions Officer has indicated that there is no requirement for any developer contributions or Affordable Housing provision. REPRESENTATIONS None received. ADDITIONAL STATEMENTS RECEIVED Screening Opinion EIA 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 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, the LDP2 and statutory SPGs. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. In terms of other material considerations, the site’s previous planning history and considerations of the Council’s other non-statutory policies and supplementary guidance are relevant, these are discussed below only where relevant. Policy Appraisal There are relevant policies contained in all parts of the Development Plan. In terms of the NPF4, Policy 3 (Bio-diversity) looks to ensure that all new developments provide some form of bio-diversity enhancement, whilst Policy 14 (Design, Quality and Place) looks to ensure that all proposals are of a good design standard. Policy 16 (Quality Homes) aims to promote quality homes in suitable locations. In terms of the LDP2, Policies 1 (Placemaking), 17 (Settlements), 40 (trees), 41 (Bio- diversity) and 60 (Transport Standards) are all applicable. Policy 1 looks to ensure that all new developments do not have an unacceptable impact on the surrounding environment, whilst Policy 17 looks to encourage residential development within settlements as long as they do not adversely impact on the existing character and amenity of the area concerned. In terms of statutory SPG, the Council’s policies on Placemaking and Developer Contributions are applicable. Land Use Acceptability The principle of the replacement dwelling is not contested, and this was the case for the previous two refusals. The existing cottage is fairly unremarkable, and not of any local merit which requires further investigation or justification for its removal. It would be limited in it its internal accommodation space, likely have poor energy efficiency and be challenging to bring up to modern family living standards without substantial changes and investments – which may or may not be finically viable. The principal issue for this proposal is ultimately the design of the replacement. Visual Amenity, Design and Layout The key issue for this proposal is the design of the replacement, and this is reflected by the two previous refusals. The proposal as initially submitted was not acceptable, and the applicant was advised that a refusal would be forthcoming.
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In response to this, the applicant looked for some additional time to reconsider the proposal and subsequently amended details were submitted which removed the inappropriate projecting gable features on the front elevation and replaced them with dormers, and provided a better wall to roof ratio. There was also some discussion about the detachment of the garage to try and reduce the mass of the dwelling, however this was not formally progressed as discussed. The changes are an improvement, however there are two areas which still require addressing. The flat roofed dormers are visually awkward, not traditional looking, and would look incongruous in the streetscene. More traditional pitched roofed dormers would be far more appropriate. The attached garage is large, and its close (joined) relationship to the dwelling results in a cumulative massing which would also be awkward looking within the streetscene. A better approach with be to detach the garage and set it back into the plot – which would help reduce the overall mass of the frontage. The Council is conscious of the fact that the applicant has had two previous refusals, the fact that the principle of the land use (a replacement dwelling) is generally acceptable and supportable, and that changes to the dormer and garage would not be excessive changes to deliver. In light of this, it is recommended that these two changes are conditioned to help impact the design, which will allow the applicant to obtain an approval and then they would have the option of a review of the LRB on more minor matters if they so wished. Subject to these conditions, the proposal is considered to comply with the various Placemaking and Design policies contained within the Development Plan. Residential Amenity As you would expect within a settlement, there are a number of residential properties close by. Notwithstanding this, the shape of the site, the location of the replacement and its relationship with the immediate neighbours cumulatively means that there would be limited impact on existing residential amenity in terms of overlooking, loss of privacy etc. It is also noted that no letters of representation have been received. In terms of being able to provide a suitable level of amenity space for the occupiers of the dwelling, a suitable level of private amenity space is being provided which will is acceptable for the of house proposed. Roads and Access The proposal raises no issues in terms of parking and turning issues, and Transport Planning have raised no issues. Drainage and Flooding The proposal raises no issues in terms of flooding or drainage issues.
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The foul drainage will be connected to the public sewerage system, and the surface water will be disposed of via soakaways to ensure that surface water does not shed onto neighbouring land. Conservation Considerations The proposal raises no issues in terms of impact on any listed building, conservation area or local archaeology. Natural Heritage and Biodiversity The existing cottage is not of the type which would ordinarily be suitable for bats, and it is noted that no concerns over the lack of a bat survey was raised in earlier applications. There is also no record of any local or protected wildlife on the site. To facilitate the replacement dwelling, there would be some removal of bushes and some small trees to the east and west of the site, however these are not substantial and the impact on bio-diversity would be relevantly low. Standard informative notes are nevertheless recommended to ensure that the applicant takes on their responsibilities in terms of the wildlife acts etc. In order to ensure that the development would provide some form of bio-diversity enhancement, new bio-diversity friendly planting and landscaping will be introduced, as well as two bat boxes and two bird nesting boxes. Subject to this, the proposal would comply with the relevant bio-diversity policies. Developer Contributions As the proposal is for a replacement of an existing habitable dwelling, there is no requirement for any Developer Contributions or Affordable Housing provision. Economic Impact The economic impact of the proposal is likely to be minimal and limited to the construction phase of the development. VARIATION OF APPLICATION UNDER SECTION 32A The application was amended via some changes to the elevational details of the dwelling. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS None required. DIRECTION BY SCOTTISH MINISTERS None applicable to this proposal.
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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 comply with NPF4, the LDP2 and statutory SPG. 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 approved subject to the following conditions. 1 The development hereby approved must be carried out in accordance with the approved drawings and documents, unless otherwise provided for by conditions imposed by this decision notice. (Reason - To ensure the development is carried out in accordance with the approved drawings and documents) 2 This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. (Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019) 3 Prior to the development hereby approved being completed or brought into use, the vehicular access shall be formed in accordance with Perth & Kinross Council's Road Development Guide Type B Figure 5.6 access detail, of Type A Road construction detail. The Type A Road construction detail shall continue into the entrance for a distance of 3 metres from the boundary of the public road surface. (Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary) 4 Prior to the commencement of the development hereby approved, full visibility splays of 43 metres along the channel line shall be provided to the left and right of the access, at a set-back of 2.4 metres measured 1.05m above the road level to the standard and specification required by the Council as Roads Authority to the satisfaction of the Planning Authority. The visibility splays shall be physically formed on the ground and any existing fences, walls, hedges, vegetation, or other means of enclosure or obstructions within the splays shall be removed and relocated outwith the splays. Once formed, the visibility splays shall be permanently retained thereafter, and no visual obstruction of any kind shall be permitted within the visibility splays so formed. (Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary) 5 Prior to the first occupation of dwelling hereby approved, two bat and two bird nesting boxes shall be installed within the site's boundary. All the boxes shall be installed as per the guidance and specification of the Scottish Wildlife Trust, and thereafter retained in a useable condition. (Reason - In order to ensure a bio-diversity enhancement is delivered) 6 Prior to the commencement of the development hereby approved, a 1:200 site plan which identifies the Construction Exclusion Zone (CEZ) shall be
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submitted to and approved in writing by the Council as Planning Authority. This plan shall ensure all fencing adheres to BS 5837 2012: Trees in Relation to Design, Demolition and Construction. The CEZ as subsequently approved shall be strictly adhered to during the entire duration of the construction phase of the development. (Reason - In order to ensure that all trees are suitability protected during the construction phase) 7 Prior to the commencement of the development hereby approved, all trees on site (other than those marked for felling on the approved plans) and those which have Root Protection Areas which fall within the site shall be retained and protected. Protection methods shall be strictly in accordance with BS 5837 2012: Trees in Relation to Design, Demolition and Construction. Protection measures, once in place, shall remain in place for the entire duration of the construction phase of the development. (Reason - In order to clarify the terms of this planning permission) 8 Prior to the commencement of the development hereby approved, a tree planting and landscaping plan shall be submitted to and approved in writing by the Council as Planning Authority. The details must include species which are bio-diversity friendly. The approved details shall be implemented in full prior to the end of the first planting season after the first occupation of the dwelling, with any planting failing with 5 years replaced on a like for like basis within the next available planting season. (Reason - In order to provide bio- diversity enhancement) 9 The proposed dormer design on the south elevation, and the detached garage are not approved. Prior to the commencement of the development hereby approved, amended elevations, floor plans, roof plan and a block plan which show a) traditional dormers with pitched roofs and b) a detached garage set back from the dwelling, shall be submitted to and approved in writing by the Council as Planning Authority. The approved details shall thereafter be implemented in full. (Reason - In order to ensure that the development does not introduce an incongruous feature into the local area) Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1 Under section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the planning authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith.
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2 As soon as practicable after the development is complete, the person who completes the development is obliged by section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the planning authority written notice of that position. Please use the form attached herewith. 3 No work shall be commenced until an application for building warrant has been submitted and approved. 4 Existing buildings or structures may contain nesting birds between 1st March and 31st August inclusive. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 5 Due to the nature of the proposed work it is important to keep in mind the possibility of finding bats when doing work on the existing roof. If bats are found during works, the work should stop immediately and you should contact NatureScot at Battleby immediately for advice. Building works should avoid the times of year when bats are most vulnerable to disturbance. The summer months, when bats are in maternity roosts, and the winter months when bats are hibernating, should be avoided. Typically early spring and autumn months are the best times to do work that may affect bats. If you suspect that bats are present you should consult NatureScot for advice. For further information visit the Bat Conservation Trust website http://www.bats.org.uk/. Please note that bats are protected by law, and it is a criminal offence to deliberately harm, capture, kill or disturb a bat or its resting place. 6 Existing buildings or structures may contain nesting birds between 1st March and 31st August inclusive. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 7 The applicant is advised that Perth and Kinross Council have a charging scheme for recycling and waste bins for new build properties and newly created dwellings. Further information can be found at: https://www.pkc.gov.uk/binrequests 8 The applicant is advised that, in terms of Sections 56 of the Roads (Scotland) Act 1984, he/she/they must obtain from the Council, as Roads Authority, consent to open an existing road or footway prior to the commencement of works. Information on junction types, requirements for Vehicular Access consents (VA1) and application forms are available at www.pkc.gov.uk/vehicleaccess. Advice on the disposal of surface water should be sought at the initial stages of design from Scottish Water and the Scottish Environmental Protection Agency.
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9 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 the elevations. Procedural Notes Not Applicable. PLANS AND DOCUMENTS RELATING TO THIS DECISION 01, 02, 04, 08- 13 (inclusive)
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