(b) Planning Decision Notice, Report of Handling and Reference Documents (Pages 111-132)
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.
Some pages contain no extractable text. They may be blank, graphics or scanned pages. OCR has not been applied.
Page 1
4(i)(b) LRB-2024-36 LRB-2024-36 24/00695/FLL - Erection of a dwellinghouse and associated works, land 100 metres north west of Inchadney, Old Amulree Road, Kenmore, Aberfeldy PLANNING DECISION NOTICE REPORT OF HANDLING REFERENCE DOCUMENTS (part included in applicant’s submission, pages 34-110)
Page 2
No embedded text on this page.
Page 3
No embedded text on this page.
Page 4
No embedded text on this page.
Page 5
REPORT OF HANDLING DELEGATED REPORT Ref No 24/00695/FLL Ward No P4- Highland Due Determination Date 15th July 2024 Draft Report Date 28th May 2024 Report Issued by Alan Atkins Date 15.07.2024 PROPOSAL: Erection of a dwellinghouse and associated works LOCATION: Land 100 Metres North West Of Inchadney Old Amulree Road Kenmore Aberfeldy PH15 2HE SUMMARY: This report recommends refusal of the application as the development is considered to be contrary to the relevant provisions of the Perth and Kinross Local Development Plan 2019 and there are no material considerations apparent which justify setting aside the Development Plan. BACKGROUND AND DESCRIPTION OF PROPOSAL The proposed site is located on the South side of Loch Tay near the village of Kenmore. It is a rough area of garden ground once associated with the listed Inchadney House sitting in an elevated position 90m to the South East. There is no visual connection between the site and Inchadney House due to the level difference and dense foliage. The site, historically, has been used as extended informal garden ground for Inchadney House beyond the position of the formal gardens as demonstrated on the 1843 to 1882 historical map, when Inchadney was a Manse. The area is now overgrown rough garden ground and well defined between the road and Inchadney with a drystane dyke to the South west, a fence and informal planting to the North East Boundary. The site is located in a position offering prominent views across Loch Tay to the North West. The land around the site is mainly used as agricultural land for farming. SITE HISTORY 15/00536/IPL – Erection of a dwelling house ( in principle). Refused 26.05.2015 PRE-APPLICATION CONSULTATION Not applicable to this application. 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).
Page 6
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 1: Tackling the Climate and Nature Crises Policy 2: Climate Mitigation and Adaptation Policy 3: Biodiversity Policy 4: Natural Places Policy 6: Forestry, woodland and trees Policy 14: Design Quality and place Policy 17: Rural 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 5: Infrastructure Contributions Policy 19: Housing in the Countryside Policy 39: Landscape Policy 40A: Forestry, Woodland, and Trees: Forest and Woodland Strategy Policy 40B: Forestry, Woodland, and Trees: Trees, Woodland, and Development Policy 41: Biodiversity Policy 60: Transport standards and accessibility requirements
Page 7
Statutory Supplementary Guidance Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020) Supplementary Guidance - Housing in the Countryside (adopted in 2020) Supplementary Guidance - Landscape (adopted in 2020) Supplementary Guidance - Placemaking (adopted in 2020) OTHER POLICIES Non Statutory Guidance Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Loch Leven SAC and the River Tay SAC Planning Guidance - Planning & Biodiversity 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. 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 61 Planning and Sustainable Urban Drainage Systems PAN 68 Design Statements PAN 69 Planning and Building standards Advice on Flooding PAN 75 Planning for Transport 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. 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.
Page 8
CONSULTATION RESPONSES External Scottish Water No objection. The applicant should be aware that this does not confirm that the proposed development can currently be serviced. There is currently sufficient capacity in the Kenmore Water Treatment Works to service your development. Single house developments, unless utilising private water or drainage sources, are required to submit a Water Connection Application and Waste Water Application via the Customer Portal to allow Scottish Water to fully appraise the proposals. Kenmore Community Council The community Council have objected to the proposed development on the following grounds: Contrary to LDP2 policies. Road safety concerns, particularly over access arrangements and sightlines. Over-development. No construction methodology. Visual impact on the local landscape. Inadequate environmental mitigation measures being proposed. No sewage treatment provision. Perth and Kinross Heritage Trust With respect to archaeology and the planning process, as outlined by NPF4, the proposed development does not raise any significant issues. No archaeological mitigation is required in this instance Internal Transportation And Development Vehicle access to the site is proposed via a proposed new vehicle access onto the public road (the C451, and the National Cycle Route 7). The applicant is proposing to upgrade the track with tarmac plannings on top of hardcore. Formation of the vehicle access shall be to the standards of Perth and Kinross Council in the interests of protecting the public road. A condition is recommended for the formation and maintenance of visibility splays onto the public road. The applicant has demonstrated that sufficient parking facilities have been provided on site to serve the dwellinghouse and turning facilities have also been provided. Development Contributions Officer This proposal is within the catchment of Kenmore Primary School. Education & Children’s Services have no capacity concerns in this catchment area at this time. Furthermore, there are no other contributions required as a result of this application.
Page 9
Environmental Health (Noise / Odour) No objection. Any consent issued shall include a condition relating to a maximum noise rating for all plant and equipment. There is also an informative recommended relating to the proposed wood burning stove. Biodiversity/Tree Officer No detailed information has been provided on how many trees will be retained and how they will be protected. The development site is within 20m of the River Tay Special Area of Conservation (SAC). An assessment of the impact of the development on the River Tay SAC, and evidence of use of the mitigation hierarchy to avoid, reduce and compensate, is required. An Invasive Non-Native Species Control Plan should be produced for the eradication and control of species on the site. Furthermore, no details of biodiversity enhancement have been provided. Overall, the submitted information is insufficient to allow a full assessment of the proposals, and what has been submitted is not in accordance with legislation, policy and guidance. REPRESENTATIONS One representation was received. The main points of objection are summarised as below: Adverse effect on visual amenity. Contrary to LDP2 policies. Flooding risk. Inappropriate land use. Loss of trees. Out of character with the surrounding area. Road safety concerns. Over - development. Additional Statements Received: Screening Opinion Not Required Environmental Impact Assessment (EIA): Environmental Report Not Required Appropriate Assessment under Habitats Regulations AA Not Required Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact eg Flood Risk Assessment Tree and Protected Species Report Submitted 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
Page 10
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. 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 From a general perspective of principle, Policy 17 Rural Homes of NPF4 does outline the criteria against which rural homes may be considered acceptable. However, in this instance, the proposal would not meet any of the defined criteria. Furthermore, given its impact upon existing tree and biodiversity assets, it would not be considered to be appropriate from a perspective of siting, or the character of the area. LDP2 Policy 19: Housing in the Countryside states that the Council will support proposals for the erection, or creation through conversion, of single houses and small groups of houses in the countryside which fall into at least one of the following categories: (1) building groups; (2) infill sites; (3) new houses in the open countryside on defined categories of sites as set out in Section 3 of the Supplementary Guidance; (4) renovation or replacement of houses; (5) conversion or replacement of redundant non-domestic buildings; (6) development on rural brownfield land. In addition, proposals should comply with the guiding principles contained in the Council's current Guidance on the Siting and Design of Houses in Rural Areas and subsequent detailed design guidance. The proposal should also demonstrate how they will make a positive contribution to the biodiversity of the site. The proposal, in terms of scale, layout and design should also be appropriate to, and have a good fit with, the landscape character of the area in which it is located and demonstrate a specific design approach to achieve integration with its setting. Following assessment of the application, the proposals are not considered to be acceptable in terms of any of the categories as defined by NPF4 Policy 17 Rural Homes; LDP2 Policy 19: Housing in the Countryside, and the current guidance on houses in the countryside. Design and Layout The proposed house plot is roughly rectangular in shape, with a steep north facing slope. The size and location of the application site is considered unsuitable for a dwelling. Such a development would have a significant impact on the character of the area and the surrounding landscape. LDP2 Policy 1A: Placemaking requires
Page 11
development to contribute positively to the quality of the surrounding built and natural environment, respecting the character and amenity of the place. A dwelling in this location would not provide a positive contribution to the character and appearance of the surrounding area and its landscape. At present, the site is covered by woodland which is in keeping with the site’s rural character. However, this would be negatively impacted by the erection of a dwellinghouse on the site. The siting of any dwelling on this site would require significant cutting of the slope, and clearance of trees/vegetation in order to provide access on to the public road to the north of the site. Similarly, the proposal would also be contrary to Policy 14 Design, quality and place of NPF4, as it would not be considered to improve the quality of an area through either amenity or character. With regards to the siting criteria of LDP2 Policy 19: Housing in the Countryside , the site presently has three defined boundaries but the south boundary is undefined. It is also unclear how the site, which is located next to a public road and positioned above Loch Tay, would be able to provide any degree of enclosure for a dwellinghouse. A dwellinghouse on this site would, therefore, fail to blend sympathetically with the existing land form and would have a detrimental impact on the character and appearance of the surrounding landscape. In conclusion, a dwelling house on this site would not comply with relevant design criteria of either NPF4 policy 14 or LDP2 policy 1, nor the siting criteria of LDP2 Policy 19: Housing in the Countryside and NPF4 Policy 17: Rural Homes. Trees, Landscape and Biodiversity The site is set on a hillside to the south of Loch Tay. There are a number of trees within the site and along its boundaries. While there is a clear lack of supporting information in the form of a tree survey or any ecological walkover survey for the site as noted by the Council’s biodiversity officer, it can still be concluded that the development of a house on this site would be detrimental to the established landscape setting, would result in unnecessary tree loss and have an adverse impact on the landscape character of the area. Any development of the site and creation of road access would lead to the loss of trees, plants, and shrubs. Furthermore, there have been no tree protection measures outlined in the Tree and Protected Species Survey. In addition, LDP2 Policy 41: Biodiversity states that a proposal should demonstrate how it will make a positive contribution to the biodiversity of the site. At present, there are no proposals to support biodiversity through biodiversity enhancements within the site. This being the case, the proposed development is contrary to LDP2 Policies 40 Forestry woodlands and trees and 41: Biodiversity as well as NPF4 Policies 3: Biodiversity and 6 Forestry woodlands and trees. Residential Amenity The site is in a rural location, with the only neighbouring property being the existing residence of “Inchadney”. No concerns have been raised in terms of the proposal’s impact on the residential amenity of neighbouring properties However, given the existing site constraints and topography of the site, it is unlikely that any new residential development would be able to provide sufficient garden ground. As the site is on a steep slope and requirements regarding the provision of parking and turning space need to be met, there will be a very limited space remaining for
Page 12
garden/amenity ground. For a property of this size, 100 sq metres of amenity land is considered suitable, but, in this instance, it is unlikely that this can be achieved. The alteration of the slope will have a significant impact on the areas character and any residential development without an appropriate level of private garden ground will not be in keeping with the established character of the area. Visual Amenity The site would be separated from Inchadney by existing trees and it is likely any dwellinghouse would not be visible from Inchadney due to the site’s position at the bottom of a steep slope. This, together with the existing boundary of post and wire fencing, trees and a stone wall, provides some enclosure. However, given the site’s position adjacent to a public road, and on a rural hillside above Loch Tay, any dwelling could be visible from the surrounding area. This would have a detrimental visual impact on the wider character of the area which is defined by strong natural landscape alongside the road. Roads and Access The applicant proposes taking road access from an existing access onto the public road which runs along the site’s northern boundary. Whilst there is an existing access it will need significant upgrading to provide safe and suitable access for vehicles. The transportation officer has not objected to the proposals subject to conditions, including the creation of a visibility splay and requirements relating the access roads gradient. The applicant may be able provide the required visibility splay on this section of road but there are some concerns in terms of the visual impact of the visibility spays. The provision of the visibility splay and parking/driveway requirements will lead to the loss of trees and grassland in the north of the site which will be detrimental to the overall amenity and character of the area. Notwithstanding, it has the potential to accord with the technical requirements of LDP2 policy 60: Transport standards and accessibility requirements Drainage and Flooding Whilst there are no flood risks designations at this site, concerns have been raised regarding the potential impact of the development on an existing water course and Loch Tay. However, given that the general principle of the development has not been established, it would have been unreasonable to seek further information in this regard. Developer Contributions In this instance, there are no requirements for any developer contributions in accordance with LDP2 Policy 5 Developer Contributions nor the associated Supplementary Guidance. Economic Impact The economic impact of the proposal is likely to be minimal and limited to the construction phase of the development.
Page 13
VARIATION OF APPLICATION UNDER SECTION 32A This application has not been varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS None required. DIRECTION BY SCOTTISH MINISTERS None applicable to this proposal. CONCLUSION AND REASONS FOR DECISION In conclusion, the application must be determined in accordance with the adopted Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to fail to comply with the relevant policies of NPF4, and the adopted Perth and Kinross Local Development Plan 2019. Full account has been taken of material considerations and there are none that would justify overriding the adopted Local Development Plan. On that basis, the application is recommended for refusal. Reasons for Refusal 1. The proposal is contrary to NPF4 Policy 14 Design quality and place and LDP2 Policy 1A: Placemaking of the adopted Perth and Kinross Local Development Plan 2019, as an additional dwelling in this location would not contribute positively to the quality of the surrounding area in terms of character, amenity or natural heritage. 2. The proposal is contrary to NPF4 Policy 17: Rural Homes and LDP2 Policy 19: Housing in the Countryside, of the adopted Perth and Kinross Local Development Plan 2019, the Council's Housing in the Countryside Supplementary Guidance 2020 and. The proposal fails to satisfactorily comply with any of the categories (1) Building Groups, (2) Infill Sites, (3) New Houses in the Open Countryside, (4) Renovation or Replacement of Houses, (5) Conversion or Replacement of Redundant Non Domestic Buildings, and (6) Rural Brownfield Land. The site is located within the garden grounds of an existing dwellinghouse but is not considered to be a country house/estate. 3. Given that there has not been any assessment provided of the potential for the loss of trees, nor the potential for tree protection, insufficient information has been provided to assess the proposal against the relevant development plan policies. The proposal is therefore contrary to LDP2 Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy and NPF 4 Policy 6: Forest, Woodland and Trees. 4. Given that there has not been any assessment provided of the potential impacts of the development on the River Tay Special Area of Conservation (SAC), and that no details regarding biodiversity enhancement have been
Page 14
submitted, insufficient information has been provided to assess the proposal against the relevant LDP2 and NPF4 policies. Therefore , the proposed development is contrary to LDP2 Policy 41: Biodiversity and NPF4 Policy 3: Biodiversity. 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 Not applicable Procedural Notes Not Applicable. PLANS AND DOCUMENTS RELATING TO THIS DECISION 01,02,03,04,05,06,07
Page 15
No embedded text on this page.
Page 16
No embedded text on this page.
Page 17
No embedded text on this page.
Page 18
No embedded text on this page.
Page 19
No embedded text on this page.
Page 20
No embedded text on this page.
Page 21
No embedded text on this page.
Page 22
No embedded text on this page.