(a) Notice of Review and supporting documents (Pages 273-316)
Perth and Kinross Council · 16 December 2024
Back to Local Review Body — 16 December 2024 and its agenda
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4(iv)(a) LRB-2024-46 LRB-2024-46 24/01037/IPL - Erection of a dwellinghouse (in principle), land 25 metres south of 11 Kinfauns Holdings, West Kinfauns, Perth PAPERS SUBMITTED BY THE APPLICANT
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REPORT OF HANDLING DELEGATED REPORT Ref No 24/01037/IPL Ward No P1- Carse Of Gowrie Due Determination Date 3rd September 2024 Extended until 3rd October 2024 Draft Report Date 2nd October 2024 Report Issued by Persephone Beer Date 2nd October 2024 PROPOSAL: Erection of a dwellinghouse (in principle) LOCATION: Land 25 Metres South Of 11 Kinfauns Holdings West Kinfauns Perth PH2 7JY 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 Planning permission in principle is sought for the erection of a single, detached dwellinghouse located within existing front garden ground associated with No11 Kinfauns Holdings, West Kinfauns. The site is of around 0.15ha and an indicative site plan shows the proposed dwelling located in a position just northwest of the centre of the site. Vehicular access will be taken off the existing drive which currently serves No11 to the rear. A new septic tank and soakaway is proposed to the southeast of the proposed house. The site is bounded by existing garden boundaries with hedging to the east and west and a stone dyke to the south (front) adjacent to the public road. There is currently no boundary feature to the north, between the existing house and application site. The new dwellinghouse will sited forward of the majority of development in this part of Kinfauns. The pattern of development in this area of Kinfauns Holdings is largely of detached dwellings set back from the road with extensive areas of front garden between the houses and the public road. An application for the same proposal was refused earlier this year (25th April 2024). This is a re-submission of the refused application with some revisions made to the supporting statement and an additional plan that seeks to define a notional building line. SITE HISTORY 09/01952/IPL Erection of a single storey dwellinghouse with garage 24 December 2009 Application Refused
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19/00125/FLL Extension to dwellinghouse and formation of decking 18 March 2019 Application Approved 21/01175/FLL Change of use from agricultural land to garden ground and equine use, and the erection of stables/storage building (in retrospect) 28 September 2021 Application Refused 24/00327/IPL Erection of a dwellinghouse (in principle) 25 April 2024 Application Refused 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). 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 9: Brownfield, Vacant and Derelict Land and Empty Buildings Policy 13: Sustainable Transport Policy 14: Design, Quality and Place Policy 15: Local Living and 20 minute neighbourhoods Policy 16: Quality Homes Policy 22: Flood Risk and Water Management 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
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Policy 1B: Placemaking Policy 5: Infrastructure Contributions Policy 17: Residential Areas Policy 26B: Archaeology Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development Policy 39: Landscape Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development Policy 41: Biodiversity Policy 47: River Tay Catchment Area Policy 52: New Development and Flooding Policy 53B: Water Environment and Drainage: Foul Drainage Policy 53C: Water Environment and Drainage: Surface Water Drainage Policy 53E: Water Environment and Drainage: Water Supply Policy 56: Noise Pollution Policy 57: Air Quality Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance Supplementary Guidance - Air Quality (adopted in 2020) Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2020) Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) Supplementary Guidance - Placemaking (adopted in 2020) Supplementary Guidance – Landscape (adopted in 2020) OTHER POLICIES Non Statutory Guidance Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs 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 51 Planning, Environmental Protection and Regulation
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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 PAN 77 Designing Safer Places 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. Designing Streets 2010 Designing Streets is the policy statement in Scotland for street design and changes the emphasis of guidance on street design towards place-making and away from a system focused upon the dominance of motor vehicles. It was created to support the Scottish Government’s place-making agenda, alongside Creating 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. CONSULTATION RESPONSES External Network Rail No impact on railway infrastructure. Scottish Water Capacity for water supply. No public waste water infrastructure in the area. Private treatment options required. Internal Transportation And Development No objection subject to condition. Note that parking should be in line with requirements set out in the National Roads Development Guide. Development Contributions Officer Conditions required with regard to transport and primary education provision contributions. Perth And Kinross Heritage Trust Condition requested with regard to archaeological monitoring of the site.
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Environmental Health (Noise Odour) No objection but might be subject to noise from the railway. Target levels in proposed gardens should be LAeq 16hours 55dB, with appropriate internal noise levels in living rooms/bedrooms of LAeq (16 hours) 35dB for daytime and bedrooms LAeq (8 hours) 30dB for night-time, assessed with windows open. As this application is for in principle planning permission there are no details as to whether there will be any air/ground source heat pumps or wood burning stoves included in the design. Details should be included at the full planning stage. Environmental Health (Contaminated Land) The proposed development is within the immediate vicinity of a railway which may have resulted in contamination in the vicinity of the site. 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. Structures And Flooding Drainage/SUDS details required for full application/reserved matters. REPRESENTATIONS 2 representations of objection were received from one household. These raised the following areas of concern: Impact on character of the area; Out of keeping with established building pattern; Precedence of other similar development; Impact on residential amenity; Flood risk; Impact on beech hedge and line of trees; Other activities on the site; Application misappropriates neighbours land to the east; The above matters, other than the last two which are not material planning considerations, will be discussed in the appraisal section below. Additional Statements Received: Screening Opinion EIA Not Required Environmental Impact Assessment (EIA): Environmental Report Not applicable Appropriate Assessment under Habitats Regulations Habitats Regulations AA Not Required Design Statement or Design and Access Statement Supporting statement submitted Report on Impact or Potential Impact eg Flood Risk Assessment Not Required
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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. Policy Appraisal The application seeks to establish the principle of erecting a dwellinghouse in a part of the front garden of an existing dwellinghouse within the settlement of West Kinfauns. Scottish Government planning policy through National Planning Framework 4 (NPP4) seeks to support development that helps to meet greenhouse gas emissions targets. Proposals should play a role in carbon reduction and in protecting natural assets and protecting and enhancing biodiversity. Both national and local planning policy also supports high quality, connected and accessible homes which respect the existing settlement pattern and improve the character and environment of an area. Of relevance to this application are policies that encourage and support development of quality places and spaces. In this case Policy 14, Design, Quality and Place states in a) that development proposals will be designed to improve the quality of an area whether in urban or rural locations and regardless of scale. This focuses on delivering new homes that are designed to a high standard and located in sustainable places. Minimising and reducing emissions is also integral to the six qualities of successful places, as set out in Policy 14, Design, Quality and Place. Policy 16, Quality Homes supports small scale development within settlement boundaries but states that this must be supported by an agreed build-out timescale and that the proposal is consistent with the LDP spatial strategy and other relevant policies including local living and 20 minute neighbourhoods. LDP2 policies of relevance include policy 1, Placemaking and LDP2 Policy 17, Residential Areas. The Council’s supplementary guidance on Placemaking is also relevant. This acknowledges, on page 69, that there may be opportunities to develop vacant land within settlements but that in all cases regard should always be given to the local building context, character, density and site-specific circumstances.
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This part of Kinfauns Holdings is characterised by substantial residential plots with dwellinghouses set back from the public road with extensive front gardens. An application for a similar proposal to develop the front garden at this site was first refused in the 1990s and then again in 2009 (09/01952/IPL) when the proposal was considered to constitute tandem development and was regarded as an alien feature of the area. Although there has been additional development in parts of Kinfauns the character of this part area of the Holdings has not changed significantly with development set back from the main road. The supporting information submitted with this application refers to recent approvals that are seen by the applicant as presaging a change in approach to the development of the area. In particular applications have been approved to the rear of 10 Kinfauns Holdings (23/00556/IPL) and also to the rear of 9 Kinfauns Holdings and Towergrove (22/01583/IPL). However both sites are to the rear of existing development, are not garden ground and relate to areas where the settlement boundary has been extended to allow some development to come forward. This is fundamentally different to this current application which would develop existing garden ground to the front of existing housing which would not fit in with the existing settlement pattern and the character of the area. NPF4 policy 14 and 16 give general support to development within settlement boundaries that improves the quality of an area and meets six criteria for successful places set out in policy 14. In this case the development would not accord with the existing settlement pattern and would not improve the quality of the area and as such would be contrary to NPF4 policy 14 and 16. NPF4 Policy 15 seeks to locate development where there is easy access to services and facilities. There are minimal facilities within the West Kinfauns settlement making policy 15 difficult to comply with. Policies of the Local Development Plan and its supplementary guidance also seek to ensure that development is compatible with the local area. In this case LDP2 placemaking policy 1A states that development must contribute positively to the quality of the surrounding built and natural environment and that the design, density and siting of development should respect the character and amenity of the place. Policy 1B d) specifically states that proposals should respect an existing building line. An indicative site plan has been submitted showing a possible building line. The “building line” drawn is slightly spurious and does accurately reflect the development pattern for the majority of development in this area. The proposal seeks to establish the principle of residential development in an area of garden ground to the front of an existing residential property. The proposed development would be forward of the majority of properties in this part of the settlement and development in this position would be out of keeping with the established character of the area. The proposal would therefore be contrary to Placemaking policy 1A and 1B d) of the Local Development Plan. The development proposed also does not have due regard for the local building context, character and density of the area and as such would be contrary to Perth and Kinross Placemaking Supplementary Guidance. Policy 17, Residential Areas, of LDP2 identifies areas of residential and compatible uses within settlement boundaries. Development will only be acceptable where the proposal is compatible with the character or amenity of the area. Criterion a)
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supports infill residential development at a density which represents the most efficient use of the site while respecting its environs. In this case it is considered that development within the front garden ground would not respect the environs of this part of Kinfauns Holdings. An objection has been received that expresses concern that development in this area could create a precedent for other similar developments. Should this application be approved, there would likely be pressure for other similar proposals that, if approved, would also be detrimental to the chacter and environs of the area. The principle of the proposal cannot be supported. Other related aspects will be considered in the sections of the report below. Design and Layout An indicative siting for the proposed house, foul drainage arrangements and access to the site has been shown on the submitted plans. The principle of development is not supported and no further detailed consideration has been given to the design and layout. Landscape The site is within an area identified as being within the Sidlaw Hills Special Landscape Area with Kinnoull Hill dominant to the northwest of the existing house. Policy 39 b), Landscape, of the Local Development Plan requires proposals to safeguard views, viewpoints and landmarks from development that would detract from their visual integrity, identify or scenic quality. Should development in principle be acceptable on this site detailed plans must demonstrate that the visual integrity and scenic quality of the landscape character of the area is maintained and views out of the settlement to local landmarks such as Kinnoull Hill are not impacted. Residential Amenity The application is in principle. The impact on residential amenity such as privacy, overlooking, overshadowing and provision of private amenity space would be fully assessed should a detailed proposal be submitted. Environmental Health has commented and notes that the site maybe affected by noise from the railway line. Should the principle of development be established any detailed design should take this into account. Environmental; Health advise that target levels in proposed gardens should be LAeq 16hours 55dB, with appropriate internal noise levels in living rooms/bedrooms of LAeq (16 hours) 35dB for daytime and bedrooms LAeq (8 hours) 30dB for night-time, assessed with windows open. Visual Amenity The indicative site layout shows a development that would dominate the existing front garden. Although no elevational details have been provided development of this type and in this position would be likely to have an adverse impact on visual amenity and character of the area.
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Roads and Access Vehicular access to the site is to be taken off the existing private drive. Transportation and Development has been consulted and has no objection subject to condition. This application is being recommended for refusal however any further detailed submission would require compliance with the National Roads Development Guide and details of waste disposal and drainage infrastructure would be reqired. Drainage and Flooding Flood Risk A review of the SEPA flood maps has determined that the site is at high risk from surface water flooding. Drainage The principle of development on the site is not supported. However, if approved any full application will require full details of surface water drainage arrangements to comply with policy 53C, Surface Water Drainage, of the Local Development Plan 2019 and would require a method of SuDS that meets criteria outlined in the PKC LDP supplementary guidance (Flood risk and Flood Risk Assessments, 2021). Policy 53B, Foul Drainage, of the Local development Plan generally requires development within settlements to connect to existing public sewerage system. Full details of proposed foul drainage arrangements would be required should the principle of development be established. Conservation Considerations The site is not within a conservation area and not close to any listed buildings. However, the site does have archaeological potential given its location and historical context. Perth and Kinross Heritage Trust (PKHT) has commented that there is a possibility for recovery of information associated with historic use of the Rier Tay and of the river itself from prehistoric to post-medieval times. PKHT recommend that, if planning permission is granted, archaeological monitoring by a professional archaeologist should take place during all ground-breaking works. If the application is approved a condition regarding this would be attached. Natural Heritage and Biodiversity The site is bounded by hedging to the east which is noted to be on land owned by the neighbouring property and hedging to the west alongside the existing driveway. The site is laid mainly to lawn. Policy 7, Biodiversity, of NPF4 and Policy 41, Biodiversity, of LDP2 requires protection and enhancement of all wildlife and wildlife habitats such as the existing hedgerows. The application is in principle and limited information with regard to trees and biodiversity has been provided. The application is being refused however further
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information on the impact of the existing development on trees and wildlife would be required as well as detail of biodiversity enhancement. Zero carbon technologies Policy 32 of the Local Development Plan requires all proposals to demonstrate that at least 10% of the current carbon emissions reduction set by Scottish Building Standards will be met through the installation and operation of low and zero-carbon generating technologies. Information to satisfy this requirement will be required to accompany any detailed proposal on this site. Waste and Recycling Should the application be approved further detail of waste and recycling provision would be required. Contaminated Land Historical mapping indicates that the site is adjacent railway land which may have resulted in contamination in the vicinity of the site. An informative note would be added if the application is approved. Developer Contributions Primary Education The Council’s 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. This proposal is within the catchment of Kinnoull Primary School. Transport Infrastructure The Council’s Transport Infrastructure Developer Contributions Supplementary Guidance requires a financial contribution towards the cost of delivering the transport infrastructure improvements which are required for the release of all development sites in and around Perth. The application falls within the identified Transport Infrastructure Supplementary Guidance boundary and a condition to reflect this should be attached to any planning application granted. Conditions to ensure compliance with policy 5, Infrastructure Contributions, of LDP2 would be added should the application be approved.
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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 This application was not varied prior to determination. 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. Accordingly the proposal is refused on the grounds identified below. Conditions and Reasons 1 The proposed development, to the front of the existing dwellinghouse, will have a significantly detrimental impact on the distinct character and building pattern of the area. Such tandem development will not contribute positively to the surrounding built and natural environment and would set a precedent for similar undesirable proposals. The proposed development is therefore contrary to National Planning Framework 4 (2023), Policy 14, Design Quality and Place, and Policy 16, Quality Homes. It is also contrary to Perth and Kinross Local Development Plan 2 (2019) policy 1A and 1Bd), Placemaking, Policy 17, Residential Areas and to Perth and Kinross Placemaking Supplementary Guidance (2020). 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.
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Procedural Notes Not Applicable. PLANS AND DOCUMENTS RELATING TO THIS DECISION 01 02 03 04 05
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