Minute of meeting of 14 October 2024
Perth and Kinross Council · 11 November 2024
Back to Local Review Body — 11 November 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
PERTH AND KINROSS LOCAL REVIEW BODY Minute of hybrid meeting of the Perth and Kinross Local Review Body held on Monday 14 October 2024. Present: Councillors B Brawn and K Harvey, Bailie C McLaren (Item 4(iv) only), and Councillor G Stewart. In Attendance: L Tierney (Planning Adviser), G Fogg, (Legal Adviser) and D Williams (Democratic Governance Officer) (all Legal and Governance). Also Attending: S Dockerill and K Molley (both Legal and Governance). 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 12 August 2024 was submitted and noted. 4. APPLICATIONS FOR REVIEW MEMBERS AGREED TO VARY THE ORDER OF BUSINESS AT THIS POINT. HAVING PREVIOUSLY DECLARED AN INTEREST IN ITEM 4(iv), COUNCILLOR B BRAWN LEFT THE MEETING AT THIS POINT. MEMBERS AGREED THAT COUNCILLOR G STEWART BE APPOINTED AS ACTING CONVENER. Councillor G Stewart, Acting Convener, Presiding (iv) LRB-2024-39 Review of Condition 1 on Planning Permission 24/00600/FLL (S42 application to delete condition 1 (fence and hedging) of permission 23/02007/FLL, 1 Commanders Grove, Braco, Dunblane, FK15 9PL) – Mrs J McKay Members considered a Notice of Review seeking a review of the decision by the Appointed Officer on review of Condition 1 on Planning Permission 24/00600/FLL (S42 application to delete condition 1 (fence and hedging) of permission 23/02007/FLL, 1 Commanders Grove, Braco, Dunblane, FK15 9PL). 3 1
Page 2
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 unanimous decision that: (ii) the review application for Condition 1 on Planning Permission 24/00600/FLL (S42 application to delete condition 1 (fence and hedging) of permission 23/02007/FLL, 1 Commanders Grove, Braco, Dunblane, FK15 9PL)., be refused and Condition 1 to continue as follows: 1. The built fence is not approved. Notwithstanding the details and design of the unauthorised fence, the vertical fence boards shall be removed, and the fence posts shall be used to form a post and wire fence, which is to be supplemented by beach hedging (Fagus Sylvatica). The hedge shall be planted on the inside edge of the post and wire fence in a double staggered row, with 30cm between the two rows and 25-45cm between each plant. This shall be fully implemented within six months of the date of the decision notice and once established the hedge shall be maintained at a height no higher than 1.05 metres. Any hedging which fails shall be replaced with a similar species and specification, all to the satisfaction of the Council as Planning Authority. Justification The proposal is not in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. BAILIE C MCLAREN LEFT THE MEETING AT THIS POINT. COUNCILLOR B BRAWN RETURNED TO THE MEETING AT THIS POINT. Councillor B Brawn, Convener, Presiding (i) LRB-2024-34 Planning Application - 24/00744/FLL – Erection of dwellinghouse and associated works, land 250 metres south west of Broomhill House, Station Road, Crook of Devon, Kinross – Mr A Cheape Members considered a Notice of Review seeking a review of the decision by the Appointed Officer to refuse erection of dwellinghouse and associated works, land 250 metres south west of Broomhill House, Station Road, Crook of Devon, Kinross. 2
Page 3
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 erection of dwellinghouse and associated works, land 250 metres south west of Broomhill House, Station Road, Crook of Devon, Kinross, should be granted because they considered that it was in accordance with the Development Plan, subject to the imposition of relevant terms, conditions and informatives, including conditions to regulate construction traffic, passing places and the remediation of contaminated land. Justification Members considered that, as the fence would be in place on a temporary basis and would not have a detrimental effect on visual or residential amenity, that the application was suitable and that the review be granted. Note Councillor G Stewart dissented from the majority opinion. He considered that the proposed was contrary to the Development Plan although he did not support the first and second reasons for refusal, he would have refused the application for the third and fourth reasons. (ii) LRB-2024-35 Planning Application - 23/01305/FLL – Siting of caravan and 2 storage containers, erection of decking, fence and gates, formation of parking areas and associated works (in retrospect), land 30 metres south of Kinfauns House, Church Road, Kinfauns, Perth – DVC Investments Ltd. Members considered a Notice of Review seeking a review of the decision by the Appointed Officer to refuse siting of caravan and 2 storage containers, erection of decking, fence and gates, formation of parking areas and associated works (in retrospect), land 30 metres south of Kinfauns House, Church Road, Kinfauns, Perth. 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: 3
Page 4
(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 unanimous decision that: (ii) the review application for siting of caravan and 2 storage containers, erection of decking, fence and gates, formation of parking areas and associated works (in retrospect), land 30 metres south of Kinfauns House, Church Road, Kinfauns, Perth, be refused for the following reasons: 1. The proposal is contrary to Policies 29: Rural Development (parts a and b) and 17: Rural Homes (part a(v)) of National Planning Policy Framework 4, and Policies 8: Rural Business and Diversification and 19: Housing in the Countryside of the Perth and Kinross Local Development Plan 2 (2019). The proposal fails to meet the relevant criteria for the countryside development to justified in the case of the caravan, and fails to achieve a high quality of design in the case of the caravan and containers. 2. The proposal is contrary to Policy 8: Green Belt, of the National Planning Policy Framework 4 and Policy 43: Green Belt (part b) of the Perth and Kinross Council Local Development Plan 2 (2019). The proposal fails to demonstrate that the proposed static caravan is essential for agriculture or horticulture in a green belt location. The siting and appearance of the proposed static caravan and storage containers undermines the purpose of the Perth Green Belt by failing to protect and enhance the character, landscape and identity of settlements. 3. The proposal is contrary to Policies 13: Sustainable transport and 60B: Transport Standards and Accessibility Requirements: New Development Proposals of the Perth and Kinross Local Development Plan 2 (2019). Insufficient information has been provided by the applicant in respect of vehicle access and egress from the site via the northwest corner gate access, in addition to details of how desludging would be undertaken from the proposed parking area. 4. The proposal is contrary to Policies 7: Historic Assets and Places (part c), and 14: Design, Quality and Place (part c), and 29: Rural Development (part b) of National Planning Framework 4, and Placemaking Policies 1A and 1B (parts b, c and d) and 27A: Listed Buildings of the Perth and Kinross Local Development Plan 2 (2019). The proposed development is poorly designed, detrimental to the character and amenity of the surrounding area, and appears visually incongruous and out of keeping with the nearby built environment and wider landscape setting. The proposed development also adversely impacts the setting of several listed buildings 4
Page 5
and fails to preserve their character, special architectural or historic interest. Justification The proposal is not in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. (iii) LRB-2024-37 Planning Application - 23/01275/FLL – Erection of 5 holiday accommodation units, a managers accommodation unit and workshop/garage, formation of vehicular, parking areas, landscaping and associated works, land 150 metres north west of Barnhill Farm, Powmill, Dollar – Mr S Herron Members considered a Notice of Review seeking a review of the decision by the Appointed Officer to refuse erection of 5 holiday accommodation units, a managers accommodation unit and workshop/garage, formation of vehicular, parking areas, landscaping and associated works, land 150 metres north west of Barnhill Farm, Powmill, Dollar. 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 unanimous decision that: (ii) the review application for the erection of 5 holiday accommodation units, a managers accommodation unit and workshop/garage, formation of vehicular, parking areas, landscaping and associated works, land 150 metres north west of Barnhill Farm, Powmill, Dollar, be refused for the following reasons: 1. The proposed holiday accommodation is contrary to Policies 9: Brownfield, Vacant and Derelict Land and Empty Buildings (part b), 29: Rural Development 9part b), and 30: Tourism of National Planning Framework 4 (2022), and Policies 8: Rural Business and Diversification, and 9C: Caravan Sites, Chalets and Timeshare Developments: Chelets, Timeshare and Fractional Ownership of the Perth and Kinross Local Development Plan 2 (2019). The proposal, which is on greenfield land, fails to meet the relevant criteria for countryside development to be justified, and fails to meet a specific need by virtue of its quality or location in relation to existing businesses or tourist facilities. 5
Page 6
2. The proposed manager’s residence is contrary to Policy 17: Rural Homes (part a) of National Planning Framework 4, Policy 19: Housing in the Countryside of the Perth and Kinross Local Development Plan 2 (2019) and associated Housing in the Countryside Supplementary Guidance. The proposal fails to demonstrate an essential need for a worker to live permanently at or near their place of work. 3. The proposal, by virtue of its inappropriate size, scale, layout and design on an exposed rural hillside plot, fails to respect the character, appearance and visual amenity of the area. The proposal is contrary to Policy 14(c): Design, Quality and Place of National Planning Framework 4, and Policies 1A and 1B: Placemaking and 19: Housing in the Countryside of the Perth and Kinross Local Development Plan 2 (2019) and associated Housing in the Countryside Supplementary Guidance. 4. The proposal, by virtue of its excessive access gradients within the site, the absence of information regarding waste collection vehicle manoeuvrability within the site, the absence of detail regarding passing places along the private access road, and its remoteness from public transport infrastructure, is contrary to Policy 13: Sustainable Transport of National Planning Framework 4, Policy 60B: Transport Standards and Accessibility Requirement: New Development Proposals of the Perth and Kinross Local Development Plan 2 (2019), and the requirements of Designing Streets and the National Roads Development Guide. Justification The proposal is not in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. 5. DEFERRED APPLICATIONS FOR REVIEW (i) LRB-2024-28 Planning Application – 23/00093/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. It was noted that, at its meeting of 12 August 2024, the Local Review Body resolved that insufficient information was before them to 6
Page 7
determine the application without further procedure: (i) once available, Development Management to review and comment on the decision of the DPEA for LBA-340-2034; (ii) the applicant to review and comment on the decision from DPEA and the response from Development Management as per (i) above. With the DPEA reporter’s decision having been provided and the applicant having declined the opportunity to comment on its terms, the Local Review Body reconvened. Decision: Resolved by unanimous decision that: (i) having regard to the material before the Local Review Body, including all submitted further information, 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 unanimous decision that: (ii) the review application for installation of replacement windows and door and installation of gas meter (in part retrospect), 31 James Street, Perth, PH2 8LZ, be refused for the following reasons: 1. The proposed development, by virtue of its extensive removal of historic fabric and introduction of inappropriate detailing, has a harmful impact upon the historic character and special interest of the category C-listed building. Approval would therefore be contrary to Policy 7 (a) and (c) of National Planning Framework 4, Historic Environment Scotland’s “Managing Change in the Historic Environment: Windows” 2018, Policies 2 and 27A of the Perth and Kinross Local Development Plan 2 (2019) and Perth and Kinross’s Placemaking Guide 2020, which seek to ensure that development contributes positively to the quality of the built environment, through the assessment and understanding of the cultural significance of the historic asset, in order to safeguard listed buildings from inappropriate development. Therefore, in line with the Council’s statutory duty to have special regard to the desirability of preserving listed buildings, permission must be refused as the proposal has a disregard for the special interest of the listed building. 2. The proposal, by virtue of its inappropriate specification of fully glazed French doors and windows of inappropriate joinery, design, profile, glazing division, horn detailing, lack of structural astragals and top-hung opening mechanism, detract from the traditional character and appearance of the conservation are. Refusal would therefore be in line with Policy 14(c) of National Planning Framework 4, which states that development proposals that are poorly designed and detrimental to the amenity of the surrounding area will not be supported. Furthermore, approval would be contrary to the Perth and Kinross Placemaking Guide 2020, Policies 1A, 1B(c), 17(c) 17A 7
Page 8
and 28A of the Perth and Kinross Local Development Plan 2 2019 and Policies 7(a),(c) and (e), 14(a) and (b) and 16(g) of National Planning Framework 4, which seek to ensure that developments contribute positively to the quality of the surrounding built environment in order to respect the character and appearance of the conservation area and the special interest of the listed building. Justification The proposal is not in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. 8