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(b) Planning Decision Notice, Report of Handling and Reference Documents (Pages 249-260)

Perth and Kinross Council · 16 December 2024
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4(iii)(b) 
LRB-2024-45 
LRB-2024-45
24/00902/FLL - Erection of replacement dwellinghouse,
garage and associated works, Thistlebridge, Stanley,
Perth, PH1 4PW 
PLANNING DECISION NOTICE (included in
applicant’s submission, pages 184-185) 
REPORT OF HANDLING 
REFERENCE DOCUMENTS (included in applicant’s
submission, pages 190-247)

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REPORT OF HANDLING  
DELEGATED REPORT  
Ref No 24/00902/FLL
Ward No P5- Strathtay
Due Determination Date 17th August 2024 
Draft Report Date 23rd September 2024
Report Issued by Andy Baxter Date 23 September 2024 
PROPOSAL:  Erection of replacement dwellinghouse, garage and
associated works    
LOCATION:  Thistlebridge, Stanley, Perth, PH1 4PW 
SUMMARY: 
This report recommends refusal of a detailed planning permission for a replacement
of an existing dwelling on a site at Thistlebridge, outside of Stanley as the
development is (still) 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 
This planning application seeks to obtain a detailed planning permission for the
replacement of an existing dwelling with a new dwelling, in a different location.   
The existing dwelling is located on a roadside site at Thistlebridge near Stanley, and
is a single storey of ‘Dorran’ construction and has structural defects. It is proposed to
move the replacement dwelling approx. 60m to the northeast onto an area of land
significantly lower than the existing dwelling, and flatter. The site is part of a
extended curtilage of the existing dwelling, however it appears not to have been
used for that purposed for many years and a large proportion of it is now overgrown
with vegetation and small trees. 
The proposed dwelling would offer living accommodation over two levels, with the
upper level provided within the roof space via the use of dormers. A detached triple
garage is also proposed. A new vehicular access is proposed which will require a
degree of engineering due to the level changes across the site. The means of
internal access down to the proposed dwelling has been amended slightly from a
previously refused planning application. 
SITE HISTORY 
A very similar detailed proposal (23/02027/FLL) for the erection of replacement
dwellinghouse, garage and associated works was refused earlier this year on the
grounds of, 
1 The location of the replacement dwelling does not respect the siting and
location of the existing house in terms of its distance from the road or general

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locality, and limited justification for a substantial relocation has been brought
proposed. The proposal is therefore contrary to the Council’s Housing in the
Countryside Policies as contained within the adopted Peth and Kinross Local
Development Plan 2 (2019) (Policy 19) and its statutory supplementary
guidance of 2020 (Housing in the Countryside). Both these policies seek to
ensure that replacement houses respect the location and siting of the existing
dwelling, unless there is proven justification why another location would create
a better landscape fit. 
2 As the proposal is not explicitly supported by policies contained within the
adopted Perth and Kinross Local Development Plan 2 (2019), the proposal is
contrary to Policy 9(b) (Brownfield, Vacant and Derelict Land and Empty
Buildings), which only supports new development on greenfield land when it is
supported by relevant Local Development Plan policies. 
3 It has not been demonstrated that the engineered vehicular access would not
impact on either local or protected wildlife, or what bio-diversity enhancement
measures are required. The proposal is therefore contrary to a) Policy 3
(Biodiversity) of National Planning Framework 4 (2023), b) Policy 41 (Bio-
diversity) of the adopted Perth and Kinross Local Development Plan 2 (2019)
and c) the Council’s non-statutory planning guidance on Planning and Nature
(2020), as bio-diversity interests have not been fully considered as part of the
development proposals. 
This current application proposes a slightly different internal access arrangement,
and also includes additional ecology and tree information. 
PRE-APPLICATION CONSULTATION 
None relevant to this proposal. 
DEVELOPMENT PLAN 
The Development Plan for the area comprises National Planning Framework 4
(NPF4), the Perth and Kinross Local Development Plan 2 (2019) (LDP2) and
statutory supplementary planning guidance (SPG).   
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 3: Biodiversity

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 Policy 4: Natural Places 
 Policy 6: Forestry, woodland and trees 
 Policy 9: Brownfield, Vacant and Derelict Land and Empty Buildings
 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 site lies within the landward area of the LDP2, where the following policies are
applicable, 
 Policy 1A: Placemaking
 Policy 1B: Placemaking
 Policy 5: Developer Contributions 
 Policy 19: Housing in the Countryside
 Policy 38: Environment and Conservation 
 Policy 40: Trees 
 Policy 41: Biodiversity
 Policy 47: River Tay Catchment 
 Policy 60: Transport Standards 
Statutory Supplementary Planning Guidance 
The following statutory SPG are applicable to the proposal, 
 Developer Contributions & Affordable Housing 2023
 Housing in the Countryside 2020
 Placemaking 2020 
OTHER PKC POLICIES 
The following non-statutory PG are applicable to this proposal, 
Non Statutory Planning Guidance 
The following non-statutory PG are applicable to this proposal, 
 Planning and Nature 
NATIONAL PLANNING GUIDANCE 
The Scottish Government expresses its planning policies through 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:

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 PAN 40 Development Management
 PAN 51 Planning, Environmental Protection and Regulation
 PAN 61 Planning and Sustainable Urban Drainage Systems
 PAN 68 Design Statements 
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. 
EXTERNAL CONSULTATION RESPONSES 
Scottish Water have commented on the proposal and raised no issues. 
Perth And Kinross Heritage Trust has commented on the proposal and raised no
concerns in relation to local archaeology. 
INTERNAL COUNCIL COMMENTS 
Environmental Health have commented on the proposal in terms of contaminated
land and private water, and subject to conditions and informative notes they have no
objections. 
Biodiversity Officer has commented on the proposal and raised some observations
over the proposal and the submitted information. In the event of any approval being
forthcoming, a number of matters still remain outstanding but these now appear to
be addressable. 
Development Contributions Officer has indicated that as this proposal is for the
replacement of an existing dwelling, there is no requirements for any developer
contributions. 
Transportation And Development have commented on the proposal and have no
objections subject to conditions being attached to any permission. 
REPRESENTATIONS 
None received. 
ADDITIONAL STATEMENTS RECEIVED 
Screening Opinion  EIA Not Required
Environmental Impact Assessment
(EIA): Environmental Report
Not applicable
Appropriate Assessment under
Habitats Regulations
AA undertaken. Subject to appropriate
measures being implemented during
construction (CEMP) and on
completion, there will be no adverse
impact on the SAC.

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Design Statement or Design and
Access Statement
Not Required
Report on Impact or Potential Impact  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, the LDP2 and statutory SPGs. The relevant policy considerations are outlined
in the policy section above and are considered in more detail below.   
In terms of other material considerations, this involves considerations of the
Council’s other non-statutory policies and guidance, and these are discussed below
only where relevant.  The site’s previous planning history is also relevant. 
Policy Appraisal 
There are relevant policies contained in all parts of the Development Plan. 
Within the NPF4, support for new housing in the countryside is offered by Policies 9
(Brownfield, derelict and vacant and empty buildings) and Policy 17 (rural homes) –
in certain instances. Policy 3 (biodiversity) places bio-diversity front and centre of all
planning decisions, and Policy 4 (Natural Places) looks to ensure that our
environmental asserts are protected from inappropriate new developments. Policy 14
(Design, Quality and Place) seeks to ensure that a high standard of design is
brought forward for all proposals. Policy 6 (Forestry, woodland and trees) of the
NPF4 gives new protection to areas of forestry, and in particular those areas which
are part of ancient woodlands. 
In terms of the LDP2, the site is located within the landward area of the LDP2, where
Policies 1 (Placemaking), 19 (Housing in the Countryside), 38 (Environment and
Conservation), 40 (Trees), 41 (biodiversity), 45 (River Tay Catchment), 60 (Transport
Standards) are all applicable. 
Policy 1 seeks to ensure that all new developments do not have an adverse impact
on the area in which they are located, whilst Policy 19 is the LDP2 version of the
HITC and needs to be read in conjunction with the SPG. Policy 41 seeks to ensure
that both protected and local wildlife are fully considered. Policies 38 and 45 both
looks to protect our environmental sensitive sites, with Policy 45 specifically relating
to the River Tay SAC. 
In terms of SPG, the Council’s policies on Housing in the Countryside, Placemaking
and Developer Contributions are all applicable. 
Land Use Acceptability 
Within the NPF4, support for new rural homes is offered (in certain instances)
through firstly Policy 17, and then through parts of Policy 9. Within Policy 17, support
is offered for the replacement of an existing dwelling via part viii, which states that

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support will be afforded to proposals which relates to the reinstatement of a former
dwelling house or is a one-for-one replacement of an existing permanent house. 
This proposal is for a replacement on a one for one basis and this element is
generally acceptable – especially bearing in mind the substandard nature of the
existing dwelling. However, the extent the proposed re-siting of the replacement
dwelling some 60m away to obtain a ‘better’ siting and environment for future
occupiers of the dwelling, and perhaps to make the rebuild easier (less expensive) is
not considered to be within the spirit of the policy. 
Policy 9 of the NPF4 also need to be considered, and this policy essentially offers
support for new residential development on greenfield areas providing that the
proposal accords with the relevant LDP policies – which in this case is the HITC
policies, and those relating to Placemaking. 
The HITC policies as contained in both the LDP2 and the SPG offers support for
proposals for the replacement of existing dwellings subject to a number or criteria
being met. The first is accepted, insofar as the existing dwelling is not of any quality
– which is the case here. It is not contested that to improve the dwelling to bring it up
to modern standards will most likely be unviable financially. The principle of a
replacement is therefore generally acceptable. 
The second principal criteria, the location of the replacement is however of a
concern. 
The Council’s HITC policies state that for replacements, the siting of the new house
should be similar to that of the existing building in terms of orientation and distance
from the road, unless individual site conditions suggest that another position would
create a better landscape fit. 
The policies go on to say that if an alternative position is sought, or the proposed
house is to be of a significantly different scale, this should be justified in a supporting
planning and design statement. 
The justification within the supporting statement suggests that the slopes to the rear
(east) of the site limits the ability for a replacement to either be on the same site as
the existing, or close to it, and that the only reasonable location is at the foot of the
hill where the land is flatter. 
There is no doubt about the sloping nature of the land to the east, however there is a
level of ‘usable’ ground where the existing dwelling is located and there could be
options for a terraced or engineered (extended garden). In this resubmission a rough
estimate of the cost has been provided, but there is not any substance to it. Simply
moving an existing house from a location which is perhaps not desirable as opposed
to be unworkable or unacceptable (i.e. through flood risk) is within the spirit of the
HITC policies and to this end, the proposal is still considered to be contrary to the
Development Plan for this reason. 
The amendment to the internal access from the previously refused application does
not alter this view.

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Visual Amenity, Design and Layout 
In isolation, the proposal raises no issues in terms of its design, scale or layout. 
The issue for this proposal is the principle of the movement away from the location of
the existing dwelling. 
Residential Amenity 
In terms of impacting on existing residential amenity, the isolated location of the
proposed dwelling will mean that there would be no neighbours impacted upon. 
In terms of being able to provide a suitable level of residential amenity for future
occupiers of the dwelling, there would be a suitable level of usable garden ground
afforded to the new dwelling. 
Roads and Access 
The proposal raises no issues in terms of access or parking related matters. In the
event of any approval being forthcoming, a standard condition in relation to the
junction with the public road should be attached to any permission. 
Public Access 
The path along the southern side of the site leading down to the river is a core path.
Whilst it is unlikely that there would be any adverse impact on this route, the event of
any approval being forthcoming, a standard condition which ensures the protection
of the path during the construction phase should be included on any decision notice. 
Drainage and Flooding 
The proposal raises no issues in terms of drainage or flooding matters. Any provide
drainage arrangements will have to comply with the various technical standards of
both SEPA and building standards. 
Conservation Considerations 
The proposal raises no issues in terms of impacting on a listed building, conservation
area or local archaeology. 
Natural Heritage and Biodiversity 
To allow for the new vehicular access to be created, a significant amount of naturally
overgrown vegetation will need to be removed, and this habitat could accommodate
either local or protected wildlife – especially when the area is close to a major
watercourse. The area of woodland to the north of the site is also part of an ancient
woodland, which had extra protection through NPF4 and Policy 6. Generally, the
additional information in relation to trees and biodiversity is acceptable, subject to
some clarification on a proposed CEMP (to avoid pollution to the River Tay), the
proposed CEZ to protect the ancient woodland and updates on invasive species
plans, breeding bird and additional biodiversity enhancements. These could be

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reasonably controlled through pre-commencement and compliance conditions, and
subject to this the proposal would accord with the requirements of 
In the absence of such information, the proposal is contrary to Policy 41 of the LDP2
and also Policy 3 of the NPF4, which seek to both protect wildlife and also provide
bio-diversity enhancement. 
Contaminated Land 
Environmental Health have commented on the proposal and indicated that there is
some risk of the proposed site being contaminated. In the event of any approval, a
standard contaminated land condition should be attached to any permission. 
Private Water 
There are some known private water supplies and private drainage within the area
which could be affected and impacted upon as a result of the proposal. In the event
of any approval being forthcoming, standards conditions and informatives in relation
to private water and infrastructure should be attached to any permissions. 
Developer Contributions 
The proposal is for the replacement of an existing dwelling, which is presently
occupied. There is therefore no requirement of any developer contributions in
relation to either Primary Education or Transport Infrastructure. 
Economic Impact 
The economic impact of the proposal is likely to be minimal and limited to the
construction phase of the development. 
VARIATION OF APPLICATION UNDER SECTION 32A 
None made. 
PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 
None required.   
DIRECTION BY SCOTTISH MINISTERS 
None applicable to this proposal. 
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.

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Accordingly the proposal is refused on the grounds identified below. 
1 The location of the replacement dwelling does not respect the siting and
location of the existing house in terms of its distance from the road or general
locality, and limited justification for a substantial relocation has been brought
proposed. The proposal is therefore contrary to the Council’s Housing in the
Countryside Policies as contained within the adopted Peth and Kinross Local
Development Plan 2 (2019) (Policy 19) and its statutory supplementary
guidance of 2020 (Housing in the Countryside). Both these policies seek to
ensure that replacement houses respect the location and siting of the existing
dwelling, unless there is proven justification why another location would create
a better landscape fit. 
2 As the proposal is not explicitly supported by policies contained within the
adopted Perth and Kinross Local Development Plan 2 (2019), the proposal is
contrary to Policy 9(b) (Brownfield, Vacant and Derelict Land and Empty
Buildings) of the National Planning Framework 4 (2023), which only supports
new development on greenfield land when it is supported by relevant Local
Development Plan policies. 
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 
None 
Procedural Notes 
Not Applicable. 
PLANS AND DOCUMENTS RELATING TO THIS DECISION 
01-09 (inclusive)

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