(b) Planning Decision Notice, Report of Handling and Reference Documents (Pages 213-236)
Perth and Kinross Council · 11 November 2024
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4(ii)(b) LRB-2024-38 LRB-2024-38 24/00558/FLL – Installation of shipping container (in retrospect, 2 Glenfarg Terrace, Perth, PH2 0AP PLANNING DECISION NOTICE REPORT OF HANDLING REFERENCE DOCUMENTS
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REPORT OF HANDLING DELEGATED REPORT Ref No 24/00558/FLL Ward No P10- Perth City South Due Determination Date 1st July 2024 Draft Report Date 3rd June 2024 Report Issued by Andrew Rennie Date 3.6.24 PROPOSAL: Installation of shipping container (in retrospect) LOCATION: 2 Glenfarg Terrace Perth PH2 0AP 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 2 Glenfarg Terrace is a semi-detached dwellinghouse located within a residential area of Perth. The property can be accessed via an existing access from Glengarry Road however it also appears that a vehicular access also exists to Gleneagles Road. This application seeks detailed planning permission to regularise the retrospective installation of a shipping container within the property’s rear curtilage. SITE HISTORY 01/00535/FUL Alterations and extension to house 14 June 2001 Application Approved 02/01322/OUT Erection of a house (in outline) 16 September 2002 Application Refused 05/00659/FUL Erection of a garage 23 August 2005 Application Approved PRE-APPLICATION CONSULTATION Pre application Reference: none. 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).
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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 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. Planning Advice Notes The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: PAN 40 Development Management
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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 Structures And Flooding No objection received, relating to instances of on-site surface water flood risk. Transportation And Development No objection received, relating to the informal Gleneagles Road access point. REPRESENTATIONS One representation of objection was received. Multiple relevant points were raised, all concentrating on and concerned with the proposal’s non-domestic nature, within a domestic (residential) setting, lack of positive contribution by its design and appearance. The points are noted as a material consideration. 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. 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.
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Policy Appraisal The introduction of development within a property’s curtilage 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 and cannot be approved due to resulting concerns with the proposal’s industrial design and nature and resultant negative visual amenity impact to the property’s character and setting. Design The proposal seeks to regularise installation of an approximately 12.2 metres long and 2.4 metres wide shipping container finished in green corrugated metal. As noted on the application form, current use is for personal storage during house renovation works and, once works are complete, the shipping container would be used as a garden shed. The proposal is not temporary in nature and seeks to retain the shipping container permanently. It was clearly evidence when visiting the site (see photos below) that the shipping container is visually prominent when travelling along Gleneagles Road and is visible on approach to the house via its formal access point. The property features a good degree of natural screening cover, to mitigate visual impact concerns for curtilage development but given the location and positioning of the shipping container so close to the public road network, void of any natural boundary screening, its visual prominence is exacerbated. Irrespective of boundary treatments, the introduction of an industrial style shipping container with the eventually of it being retained as garden storage is not acceptable.
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As informed by Placemaking Supplementary Guidance, if the shipping container were to be retained as a domestic shed, any such introduction should not obscure the approach to the house and be built with materials that respect the house and its surroundings. The proposal does not comply with placemaking guidance as an in- keeping domestic introduction by virtue of its design and positioning and thus is not supportable as a domestic storage solution. Ultimately, the proposal does not comply with NPF4 Policy 14 and 16 (g)(i); LDP2 Policy 1A and 1B; and as informed by Placemaking Supplementary Guidance. Residential and Visual Amenity Although there are no concerns that the shipping container would results in any overshadowing or overlooking concerns to neighbouring property, the shipping container’s design, positioning and elevated location creates an overly negative impact to surrounding residential amenity character and setting, in addition to the property’s own character. As the subject property’s rear garden ground is elevated and the shipping container’s solid massing is also visible at that elevated height, creating concern to neighbouring residential amenity by virtue of its physical impact relating to scale, mass and design. Ultimately, the proposal does not comply with NPF4 Policy 14 and 16 (g)(ii); LDP2 Policy 17; and as informed by Placemaking Supplementary Guidance.
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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. Conditions and Reasons 1. Approval would be contrary to National Planning Framework 4 Policy 14 (a) where the proposal’s design does not improve the quality of the area, and (b) where its scale and massing erodes domestic and residential legibility and sense of place, inconsistent with the 'distinctive' quality of a successful place, and (c) particularly as being detrimental to the amenity of the surrounding area; Policy 16 criteria (g)(i) where the proposal would have a detrimental impact to the character of the property and surrounding area in terms of size, design and material finish. 2. Approval would be contrary to the Perth and Kinross Local Development Plan 2 Policy 1A where the proposal’s design and siting does not contribute positively to the surrounding environment or respect the character and amenity of established place; Policy 1B with particular note to criteria (a) where the proposal would result in an established sense of place identity, (b) does not consider site topography and wider impact to the area’s character, (c) its industrial design in terms of scale, massing and material finish does not complement surroundings, (d) its positioning does not reinforce the established streetscape character and (g) would not be sensitively integrated as contribution to the local townscape; Policy 17 (c) where it would not result in a positive contribution to the character of the area; and as informed by Placemaking Supplementary Guidance. 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. The shipping container hereby refused shall be removed and site reinstated to its pre-development condition by October 1st, 2024 or formal planning enforcement action may be taken. 2. 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, if not already done so. 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
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of design from Scottish Water and the Scottish Environmental Protection Agency. Procedural Notes Not Applicable. PLANS AND DOCUMENTS RELATING TO THIS DECISION 01 02 03 04 05 06
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