Minute of meeting of 11 November 2024
Perth and Kinross Council · 16 December 2024
Back to Local Review Body — 16 December 2024 and its agenda
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3 PERTH AND KINROSS LOCAL REVIEW BODY Minute of hybrid meeting of the Perth and Kinross Local Review Body held on Monday 11 November 2024. Present: Councillors B Brawn and K Harvey, Bailie M Williamson. In Attendance: L Tierney (Planning Adviser), C Elliott, (Legal Adviser) and J Guild (Democratic Governance Officer) (all Legal and Governance). Also Attending: A Brown and M Pasternak (both Legal and Governance), J Ferguson (Economy, Development and Planning). 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 14 October 2024 was submitted and noted. 4. APPLICATIONS FOR REVIEW (i) 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 – Mr P Strachan Members considered a Notice of Review seeking a review of the decision by the Appointed Officer to refuse erection of a dwellinghouse and associated works, land 100 metres north west of Inchadney, Old Amulree Road, Kenmore, Aberfeldy. 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.
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Thereafter, resolved by unanimous decision that: (ii) the review application for erection of a dwellinghouse and associated works, land 100 metres north west of Inchadney, Old Amulree Road, Kenmore, Aberfeldy, be refused for the following reasons: 1. The proposal is contrary to National Planning Framework 4 (2023) Policy 14 Design, Quality and Place and Perth and Kinross Local Development Plan 2 (2019) Policy 1A: Placemaking, 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 National Planning Framework 4 (2023) Policy 17: Rural Homes and Perth and Kinross Local Development Plan 2 (2019) Policy 19: Housing in the Countryside, and the Council’s Housing in the Countryside Supplementary Guidance 2020. 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 been an inadequate 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 Perth and Kinross Local Development Plan 2 (2019) Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy and National Planning Framework 4 (2023) Policy 6: Forest, Woodland and Trees. 4. Given that there has been an inadequate assessment provided of the potential impacts of the development on the River Tay Special Area of Conservation (SAC), and that a lack of detail regarding biodiversity enhancement has been submitted, insufficient information has been provided to assess the proposal against the relevant LDP2 and National Planning Framework 4 (2023) policies. Therefore, the proposed development is contrary to Perth and Kinross Local Development Plan 2 (2019) Policy 41: Biodiversity and National Planning Framework 4 (2023) 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.
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(ii) LRB-2024-38 24/00558/FLL – Installation of shipping container (in retrospect), 2 Glenfarg Terrace, Perth, PH2 0AP – Miss N Topping Members considered a Notice of Review seeking a review of the decision by the Appointed Officer to refuse installation of shipping container (in retrospect), 2 Glenfarg Terrace, Perth, PH2 0AP. 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 installation of shipping container (in retrospect), 2 Glenfarg Terrace, Perth, PH2 0AP, be refused for the following reasons: 1. 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 not 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; and 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. 2. 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; and 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.
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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 within 3 months of the date of the decision notice or formal planning enforcement action may be taken. 2. The applicant is advised that in terms of Section 56 of the Roads (Scotland) Act 1984 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 of design from Scottish Water and the Scottish Environment Protection Agency. (iii) LRB-2024-40 23/01610/FLL – Demolition of buildings and erection of 3 agricultural buildings, formation of hardstanding and associated works, The Castle Farm, Methven, Perth, PH1 3SU – HC Pilkington Trust Members considered a Notice of Review seeking a review of the decision by the Appointed Officer to refuse demolition of buildings and erection of 3 agricultural buildings, formation of hardstanding and associated works, The Castle Farm, Methven, Perth, PH1 3SU. 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, insufficient information was before the Local Review Body to determine the matter without further procedure. (ii) Once available, Development Management to review and comment on the decision of the DPEA for LBA-340-2036. (iii) The applicant to review and comment on the decision from the DPEA and the response from Development Management as per (ii) above. (iv) Following receipt of all information and responses, the application, together with a copy of the DPEA decision on LBA- 340-2036 be brought back to a future meeting of the Local Review Body.
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(iv) LRB-2024-41 24/00571/FLL – Installation of replacement windows (in retrospect), St Caens, Perth Road, Birnam, Dunkeld, PH8 0BH – Mr and Mrs Thomson Members considered a Notice of Review seeking a review of the decision by the Appointed Officer to refuse installation of replacement windows (in retrospect), St Caens, Perth Road, Birnam, Dunkeld, PH8 0BH. 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 installation of replacement windows (in retrospect), St Caens, Perth Road, Birnam, Dunkeld, PH8 0BH, be refused for the following reason: 1. The windows, by virtue of their increased framing thickness, inappropriate opening mechanism, and incongruous profile, have an adverse impact upon the visual amenity of the cottage and a detrimental impact upon the character and appearance of the conservation area. Approval would therefore be contrary to Policies 1A, 1B(c) and 17(c) of Perth and Kinross Local Development Plan 2 (2019), Perth and Kinross Placemaking Guide 2020, Policies 7(d), 14(c) and 16(g) of National Planning Framework 4 (2023) and Managing Change in the Historic Environment: Windows 2020, all of which seek to ensure that replacement windows have appropriate detailing in order to respect the character and appearance of the conservation area. Justification The proposal is not in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan.
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(v) 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 – Mr D Morton Members considered a Notice of Review seeking a review of the decision by the Appointed Officer to refuse 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. 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 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, be refused for the following reasons: 1. The proposal is contrary to Policy 17a) v, Rural Homes, of National Planning Framework 4 (2023) as it has not been demonstrated that the residential caravan is necessary to support the sustainable management of a viable rural business and there is an essential need for a worker to live permanently at or near their place of work. 2. The proposal is contrary to Policy 19 of the Perth and Kinross Local Development Plan 2 (2019) and its associated Housing in the Countryside Supplementary Guidance (2020) category 3.3 Economic Activity. No consideration has been given to the scope for renovating, converting or redeveloping any existing houses or non- domestic buildings within the applicant’s landholding and no evidence has been submitted to demonstrate how the residential caravan is essential to the continued operation of any associated business. 3. The proposal, due to its design and siting, is contrary to Policy 14a) and b) and c), Design, Quality and Place, of National Planning Framework 4 (2023), and Policy 1A and 1B b) Placemaking, of the Perth and Kinross Local Development Plan 2 (2019) and the non-statutory planning guidance – Ancillary & Annex Accommodation 2021. The proposed development does not improve the
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quality of the area, is not consistent with the six qualities for successful places set out in National Planning Framework 4 Policy 14 b), is poorly designed and detrimental to the amenity of the surrounding area. 4. The proposal is contrary to Policy 39, Landscape, of the Perth and Kinross Local Development Plan 2 (2019) as development would conflict with the aim of maintaining and enhancing the landscape qualities of Perth and Kinross. The fenced enclosure in combination with the poorly designed residential caravan has an adverse impact on the surrounding landscape character and adversely impacts on the setting of the other residential properties in the area. Justification The proposal is not in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informative The applicant is advised that the unauthorised residential caravan and associated development shall be removed from the site within three months of the date of the decision notice or to a timetable agreed with the Planning Authority.