(c) Representations (Pages 839-872)
Perth and Kinross Council · 11 November 2024
Back to Local Review Body — 11 November 2024 and its agenda
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4(v)(c) LRB-2024-42 LRB-2024-42 23/01523/FLL - Siting of residential caravan, change of use of agricultural land to garden ground, formation of access, installation of drainage connection and associated works (in retrospect), Woodlands Farm, Aberuthven, Auchterarder, PH3 1HJ REPRESENTATIONS
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Mr Richard Jackson (Objects) Comment submitted date: Tue 17 Oct 2023 ( REDACTED ) due to its isolated location. ( REDACTED ). Since the log cabin was put in place in close proximity ( REDACTED ) We can now hear conversations, dogs barking and other noises, as well as smell second-hand smoke,( REDACTED ) Additionally a shed has been placed directly backing onto the fence with a window ( REDACTED )( REDACTED ). There are also noises several times a day from industrial vehicles going in and out of the area beside the cabin, and building materials being loaded and unloaded. The lane off the A9 is already an area of heavy traffic, used by the various residents within Woodlands Farm, as well as those connected to the businesses which operate there and we feel that yet more vehicles further disturbs the privacy of the residents next to the lane, ( REDACTED ) The planning application states there are two parking spaces, but there are always three vehicles parked adjacent to the border fence. In addition to the two cars of the two tenants of the cabin, there is another car and also a caravan permanently situated next to the fence dividing the properties. We believe the owners of the third car must be living in the caravan as there is no additional bedroom in the cabin, and the caravan does appear to be occupied regularly.( REDACTED ) overlooked by the caravan. The drainage plans don't seem to be accurate. It seems unlikely or impossible for the foul water to travel to the dwellinghouse septic tank, as it would need to travel a long distance to a higher elevation. If the intention was to share the dwellinghouse septic tank and soakaway, then the cabin would have been placed close to the dwellinghouse. We believe a new septic tank has been installed (we saw it) and that it shares ( REDACTED ) There have been sewage smells in the vicinity since the cabin has been occupied, particularly in the summer. In addition, ( REDACTED ) by the drawing of wheels on the cabin, which was moved into the former field on the back of a truck, and did not have wheels at that point. The cabin is fixed in position and cannot be moved by wheels.
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Comments to the Development Management & Building Standards Service Manager on a Planning Application Planning Application ref. 23/01523/FLL Comments provided by Lucy Sumner Service/Section Planning & Housing Strategy Contact Details Development Contributions Officer: Lucy Sumner Tel: 01738 475417 Email: TESDevelopmentContributions@pkc.gov.uk Description of Proposal Siting of residential caravan, change of use of agricultural land to garden ground, formation of access, installation of drainage connection and associated works (in retrospect) Address of site Woodlands Farm Aberuthven Auchterarder PH3 1HJ Comments on the proposal NB: Should the planning application be successful and such permission not be implemented within the time scale allowed and the applicant subsequently requests to renew the original permission a reassessment may be carried out in relation to the Council’s policies and mitigation rates pertaining at the time. THE FOLLOWING REPORT, SHOULD THE APPLICATION BE SUCCESSFUL IN GAINING PLANNING APPROVAL, MAY FORM THE BASIS OF A SECTION 75 PLANNING AGREEMENT WHICH MUST BE AGREED AND SIGNED PRIOR TO THE COUNCIL ISSUING A PLANNING CONSENT NOTICE. Primary Education With reference to the above planning application the Council Developer Contributions Supplementary Guidance requires a financial contribution towards increased primary school capacity in areas where a primary school capacity constraint has been identified. A capacity constraint is defined as where a primary school is operating at over 80% and is likely to be operating following completion of the proposed development, extant planning permissions and Local Development Plan allocations, at or above 100% of total capacity. The proposed unit is one-bedroomed which is not assessed for contributions. Auchterarder A9 Junction With reference to the above planning application the Council Developer Contributions Supplementary Guidance requires contributions from developments within the Auchterarder and wider Strathearn housing market area towards meeting the cost of delivering the A9 junction improvements which are required in the interests of safety. A contribution will be sought from all residential developments within the identified boundary of the wider Auchterarder area (Appendix 2 of the Guidance) including single houses. The proposed development is a caravan but is intended for residential use as opposed to holiday accommodation.
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Recommended planning condition(s) Summary of Requirements A9 Junction: 1 x £3,450 Total: £3,450 Phasing It is advised that payment of the contribution should be made up front of release of planning permission. The additional costs to the applicants and time for processing legal agreements for single dwelling applications is not considered to be cost effective to either the Council or applicant. The contribution may be secured by way of a Section 75 Agreement. Please be aware the applicant is liable for the Council’s legal expense in addition to their own legal agreement option and the process may take months to complete. Recommended informative(s) for applicant Payment Before remitting funds the applicant should satisfy themselves that the payment of the Development Contributions is the only outstanding matter relating to the issuing of the Planning Decision Notice. Methods of Payment On no account should cash or cheques be remitted. Scheduled within a legal agreement This will normally take the course of a Section 75 Agreement where either there is a requirement for Affordable Housing on site which will necessitate a Section 75 Agreement being put in place and into which a Development Contribution payment schedule can be incorporated, and/or the amount of Development Contribution is such that an upfront payment may be considered prohibitive. The signed Agreement must be in place prior to the issuing of the Planning Decision Notice. NB: The applicant is cautioned that the costs of preparing a Section 75 agreement from the applicant’s own Legal Agents may in some instances be in excess of the total amount of contributions required. As well as their own legal agents fees, Applicants will be liable for payment of the Council's legal fees and outlays in connection with the preparation of the Section 75 Agreement. The applicant is therefore encouraged to contact their own Legal Agent who will liaise with the Council’s Legal Service to advise on this issue. Other methods of payment Providing that there is no requirement to enter into a Section 75 Legal Agreement, eg: for the provision of Affordable Housing on or off site and or other Planning matters, as advised by the Planning Service the developer/applicant may opt to contribute the full amount prior to the release of the Planning Decision Notice. Bank Transfers All Bank Transfers should use the following account details; Sort Code: 834700
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Account Number: 11571138 Please quote the planning application reference. The Council operate an electronic direct debit system whereby payments may be made over the phone. To make such a payment please call 01738 475300 in the first instance. When calling please remember to have to hand: a) Your card details. b) Whether it is a Debit or Credit card. c) The full amount due. d) The planning application to which the payment relates. e) If you are the applicant or paying on behalf of the applicant. f) Your e-mail address so that a receipt may be issued directly. A9 Junction For A9 Junction contributions please quote the following ledger code: 1-30-0060-0002-859136 Indexation All contributions agreed through a Section 75 Legal Agreement will be linked to the RICS Building Cost Information Service building Index. Accounting Procedures Contributions from individual sites will be accountable through separate accounts and a public record will be kept to identify how each contribution is spent. Contributions will be recorded by the applicant’s name, the site address and planning application reference number to ensure the individual commuted sums can be accounted for. Date comments returned 23 October 2023
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Comments to the Development Quality Manager on a Planning Application Planning Application ref. 23/01523/FLL Comments provided by Carlyn Morilly Transportation Development Officer Service/Section Transportation & Development Contact Details TransportPlanning@pkc.gov.uk Description of Proposal Siting of residential caravan, change of use of agricultural land to garden ground, formation of access, installation of drainage connection and associated works (in retrospect) Address of site Woodlands Farm Aberuthven Auchterarder PH3 1HJ Comments on the proposal The applicant is seeking retrospective planning permission for the siting of a residential caravan (one bedroom), change of use of agricultural land to garden ground, formation of access, installation of drainage connection, and associated works. Access to the caravan is taken off a private road that is, in turn, taken off the A9 trunk road. No new vehicle access to or from a public road is proposed. This application relates to application 13/01261/FLL, which was itself a renewal of 08/00762/FUL for conversion of steading into dwellinghouse. Although Transport Scotland had previously not supported the application in the interest of road safety and free flow of traffic on the Trunk Road, Transport Scotland has not advised against approving the current application. Transport Scotland’s response to the current application has noted that they would not support any further intensification of the use of the access junction without improvement. An objection from a neighbour has been received on the grounds that while the planning application states that there are two parking spaces, three vehicles are permanently parked adjacent to the border fence. Further, the neighbour has suggested that a new septic tank has been installed and that it allegedly shares the neighbour’s soakaway. The applicant is proposing two vehicle parking spaces in accordance with the National Roads Development Guide (NRDG). The NRDG specifies the parking standard of one parking space for a one-bedroom development. The applicant is proposing new or altered water supply/ drainage arrangements and is proposing to make provision for sustainable drainage of surface water. An informative is included below on the provision of access for desludging for a private wastewater treatment plant and septic tank. Insofar as the Roads matters are concerned, I have no objections to this proposal on the following conditions.
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Recommended planning condition(s) Prior to commencement of any development on site, a detailed design for the proposed secure covered cycle parking facility for a minimum of 1 cycle shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority. The cycle parking, as approved in writing, shall be implemented in accordance with the approved details to the satisfaction of the Council as Planning Authority prior to the development being brought into use. Reason - To encourage active travel and meet advice within Scottish Planning Policy on transport. Recommended informative(s) for applicant. Guidance on the detailed design and positioning of the cycle storage can be sought from Transport Scotland's Cycling by Design 2021. A private wastewater treatment plant and septic tank should be provided with an access for desludging. The desludging tanker should be provided with access to a working area that: will provide a clear route for the suction hose from the tanker to the tank, and is not more than 25m from the tank where it is not more than 4m higher than the invert level of the tank, and is sufficient to support a vehicle axle load of 14 tonnes. Date comments returned 27 October 2023
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M e m o r To Development Management & Building Standards Service Manager Your ref 23/01523/FLL Date 07/11/2023 Communities a n d u m From Regulatory Service Manager Our ref CHF Pullar House, 35 Kinnoull Street, Perth PH1 5GD Consultation on an Application for Planning Permission 23/01523/FLL RE: Siting of residential caravan, change of use ofagricultural land to garden ground, formation of access, installation of drainage connection and associated works (in retrospect) at Woodlands Farm Aberuthven Auchterarder PH3 1HJ for Mr Donald Morton I refer to your letter dated 17 October 2023 in connection with the above application and have the following comments to make. Informative An inspection of the proposed development site did not raise any real concerns, although historical mapping indicates there was formerly a steading adjacent to the site. There is therefore the potential for the area of the proposed extended garden area to be impacted by contamination associated with this previous development. Should any contamination be found during the approved works, works should cease and the Land Quality team should be contacted on 01738 475000 or es@pkc.gov.uk for further advice.
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M e m o r To Development Management & Building Standards Service Manager Your ref 23/01523/FLL Date 7 November 2023 Communities a n d u m From Regulatory Services Manager Our ref LRE Tel No 01738 476462 Pullar House, 35 Kinnoull Street, Perth PH1 5G Consultation on an Application for Planning Permission 23/01523/FLL RE: Siting of residential caravan, change of use of agricultural land to garden ground, formation of access, installation of drainage connection and associated works (in retrospect), Woodlands Farm, Aberuthven, Auchterarder I refer to your letter dated 17 October 2023 in connection with the above application and have the following comments to make. Environmental Health Recommendation I have no objections to the application but recommend that the undernoted condition is included on any given consent. Comments This application is for the siting of a residential caravan with the change of agricultural land to garden area in retrospect. The supporting letter submitted with the application states that the caravan use is for workers accommodation at Woodlands Farm. The caravan will be vacant for three months of the year when the farm worker will reside in the Farm House for security reasons when the applicant is away. The sited accommodation unit falls under the definition of a caravan but the usage for farm workers accommodation is exempted and a caravan site license is not required. Given, the type of proposed unit, I would remind the applicant that should the occupation of the unit change, a site licence would be required. Condition The caravan shall only be occupied by workers associated with the agricultural business.
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SPR Planning Local Review Body From: Richard Jackson Sent: 02 October 2024 10:07 To: SPR Planning Local Review Body Subject: Re: LRB-2024-42 CAUTION: This email originated from an external organisation. Do not follow guidance, click links, or open attachments unless you have verified the sender and know the content is safe. Please find below our comments in relation to the review of the decision: The concept of the caravan being ancillary to the main dwellinghouse is not plausible. It is placed much closer to the boundary with the neighbouring property than it is to the dwellinghouse, in order to use a neighbouring soakaway. No evidence has been presented that the habitants of the caravan are employees of the land owner, and it seems highly unlikely that this is the case, given that this argument was rejected by planning before the owner unwillingly applied for retrospective planning permission. Moreover, one of the residents of the caravan is a taxi driver. The land owner’s house is large, the grounds extensive, and there are already several households living in and around it, so it would seem unlikely that there is no room for the caravan tenants to be accommodated there, or on other property within his land. The house being populated by other households also negates the necessity for the caravan tenants to occupy the main house while the owner is away. If security was an issue, despite the cameras, fencing, lights and guard dogs, it would make sense for the caravan tenants to live within the main compound of the property. No permission was previously sought to change the use of the land from paddock to be used for any other purpose such as housing a caravan for people to live in permanently. There is also a second caravan on the site which appears to be occupied regularly too. The idea that the caravan is easily movable seems incorrect. If this was so, it could simply be moved closer to the main house it is claimed to be ancillary to. As stated by the planning officer, the Design of the caravan and fencing compound are out of character with the surrounding properties, and is detrimental to the appearance of the surrounding countryside. The issue of sewage smells and that of toxic fumes from burning some sort of fuel continues to effect the closest neighbouring property. Richard and Jane Jackson