(b) Planning Decision Notice, Report of Handling and Reference Documents (Pages 347-390)
Perth and Kinross Council · 16 December 2024
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4(v)(b) LRB-2024-48 LRB-2024-48 23/02091/FLL - Part demolition of garage outbuilding, erection of a dwellinghouse and formation of decking, Cottage of Clunie, Forneth, Blairgowrie, PH10 6SG PLANNING DECISION NOTICE REPORT OF HANDLING REFERENCE DOCUMENTS
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REPORT OF HANDLING DELEGATED REPORT Ref No 23/02091/FLL Ward No P3- Blairgowrie And Glens Due Determination Date 21st June 2024 Draft Report Date 18th June 2024 Report Issued by Joanne Ferguson Date 21.06.24 PROPOSAL: Part demolition of garage outbuilding, erection of a dwellinghouse and formation of decking LOCATION: Cottage Of Clunie Forneth Blairgowrie PH10 6SG 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 This application proposes the formation of a dwellinghouse adjacent to the existing dwelling at Cottage of Clunie. The site is within a rural area forming part of the curtilage of the existing house. The site is also located with the Lunan Lochs Catchment. The dwelling will be a room in the roof (storey and a half) 2-bedroom house with parking and access to the west, amenity space to the east. This application follows on from a refusal for the same proposal with new information detailing the applicants’ personal circumstances. The proposal is however still for the erection of a dwelling which needs to be considered accordingly. The agent has been advised to consider a granny flat type development but the requirement is for the applicant to have their own home. SITE HISTORY 22/00059/IPL Redevelopment of existing redundant garage outbuilding to dwellinghouse (in principle) 20 January 2022 22/01297/FLL Change of use, alterations and extension to garage outbuilding to form dwellinghouse and formation of decking 5 September 2022 22/01575/FLL Change of use, alterations and extension to garage outbuilding to form dwellinghouse and formation of decking 8 December 2022 Application Refused 23/01852/FLL Alterations and extensions to garage to form ancillary accommodation unit 11 December 2023
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PRE-APPLICATION CONSULTATION Pre application Reference: Pre-application advice given 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 3: Biodiversity 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 principal policies are: Policy 1A: Placemaking Policy 1B: Placemaking Policy 5: Infrastructure Contributions Policy 19: Housing in the Countryside Policy 32: Embedding Low & ZeroCarbon Generating Technologies in New Development Policy 41: Biodiversity Policy 45A: Lunan Lochs Catchment Area Policy 45B: Lunan Lochs Catchment Area P0licy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance - Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2020)
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- Supplementary Guidance - Housing in the Countryside (adopted in 2020) - Supplementary Guidance - Placemaking (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 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 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 Scottish Water No objection Transport Planning No objection Development Contributions Officer Contributions required NatureScot Object - phosphorous mitigation Scottish Environment Protection Agency Object - phosphorous mitigation
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Environmental Health (Noise Odour) Noise conditions recommended Perth And Kinross Heritage Trust No objection REPRESENTATIONS No representations were received Additional Statements Received: Screening Opinion EIA Not Required Environmental Impact Assessment (EIA): Environmental Report applicable Appropriate Assessment under Habitats Regulations Habitats Regulations AA Not Required Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact eg Flood Risk Assessment Submitted 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 site lies out with a settlement boundary and the applicable policies are Policy 17 Rural Homes of NPF4 and Policy 19 Housing in the Countryside of LDP2 and the supplementary guidance. Policy 17 of National Planning Framework 4 promotes the development of rural homes, to ensure the needs of communities are met in a sustainable way. Policy 17 a) supports proposals for new homes in rural areas where the development is suitably scaled, sited and designed to be in keeping with the character of the area and the development meets a range of criteria. In this case the proposal does not comply with Policy 17 as it doesnt meet any of the criteria noted i) to viii) in particular the proposal is not for the subdivison of an existing dwelling as the proposal demolishes the garage and propsoes a new dwelling. The subdivision is also not
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acceptable as it would be an unbalanced site promoting the hiving off of small parts of large dwellings to form houses and therefore the scale of which is not in keeping with the character. Policy 19 and its associated guidance acknowledges that opportunities do exist for housing in rural areas to support the viability of communities, meet development needs in appropriate locations while safeguarding the character of the countryside as well as ensuring that a high standard of siting and design is achieved. The policy identifies six categories and associated criteria where development will be permitted under Policy 19. The categories are as follows:- 1. Building Groups. 2. Infill sites. 3. New houses in the open countryside on defined categories of sites as set out in section 3 of the Supplementary Guidance. 4. Renovation or replacement of houses. 5. Conversion or replacement of redundant non-domestic buildings. 6. Development on rural brownfield land Category 1 allows for infill development within existing groups. For the purposes of the Supplementary Guidance a building group is defined as 3 or more existing buildings of a size at least equivalent to a traditional cottage and which, when viewed within their landscape setting, appear as a group. The majority of the buildings in the group should be either residential or be suitable for conversion to residential under Category 5 of this guidance. Premises which are smaller than a traditional cottage, such as small domestic garages and outbuildings, will not count towards the requirement for at least 3 buildings. The existing dwelling and the application site counts as 1. The telephone exchange building is not considered to be comparable to a domestic scale building and would not be capable of conversion under category 5 so can’t be counted as building 2. The 3rd house is 60m north and on the other side of the public road. This house is not considered to form part of the group and furthermore the ancillary building associated with this dwelling is comparable to the footprint of the telephone exchange building. It is therefore considered the existing buildings at this location do not form a building group. No further consideration is therefore given to this category. Category 2 Infill Sites allows the development of up to 2 new houses in gaps between established houses, or a house and another substantial building at least equivalent in size to a traditional cottage. The telephone exchange building is comparable to neighbouring ancillary buildings and not dwellings so therefore the site does not form an infill as defined in the guidance. The proposal cannot be considered under any other categories. In this case as previous the proposal is still contrary to the Housing in the Countryside Policy and supplementary guidance. Additionally, NPF4 which has been adopted after the last refusal on the site offers no new opportunities for development.
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Design and Layout The dwelling will be a room in the roof (storey and a half) 2-bedroom house, The proposal would include partial reuse of the existing building to the rear where the wall acts as a retaining structure to the existing garden ground as it’s not currently foreseen that the remainder of the building will be structurally suitable for conversion. The agent has noted a number of personal circumstances of the applicant in order to support the proposal but these reasons cannot set aside the policy considerations. In this instance the submission of an application for ancillary/annex accommodation should be considered by the applicant. I have no significant concerns about the design or finishes but as stated the principle of development does not comply with policy. Residential Amenity The site is located adjacent to the applicant’s home but the main amenity space is located to the north with the existing dwellings garden mostly contained to the south. There is one window which could potentially overlook facing south at first floor but if the principle of development been supported this window could have been removed. The proposal includes the installation of an air source heat pump (ASHP) on the North elevation and a condition would be required in relation to noise if the proposal has been supported. Roads and Access This application proposes the formation of 1no. dwelling house adjacent and ancillary to the existing dwelling at Cottage of Clunie. Vehicle access to the site is pro-posed via the existing access drive on the A923. A visit to the site confirmed that there is a concern regarding overgrown vegetation obstructing visibility onto the public road. Vegetation management would be required to provide and maintain the visibility splay. A condition is recommended for the trimming back of vegetation to improve visibility and to reduce road safety risks. Drainage and Flooding The Lunan Valley Area Dunkeld - Blairgowrie Lochs Special Area of Conservation supplementary guidance (SG) was adopted in 2020. The SG requires that information is submitted with full planning applications for new developments to provide details of proposed phosphorous (P) mitigation. The reason for this is to ensure that development accords with Policy 45: Lunan Lochs Catchment Area in the Perth and Kinross Local Development Plan 2 adopted in November 2019. This requires that total phosphorous from built development must not exceed the current level, to ensure no reduction in water quality in the Lunan Lochs due to the issue the catchment has with elevated nutrient levels. Given that this application does not provide any details of required phosphorous mitigation SEPA and NatureScot object and this will form a reason for refusal.
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Conservation Considerations With respect to archaeology and the planning process, as outlined by NPF4, the proposed development does not raise any significant issues. No archaeological mitigation is required in this instance. Natural Heritage and Biodiversity An ecological survey has been submitted and the findings of such could be covered by condition. Developer Contributions Primary Education 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. Education: 1 x £5,164 Total: £5,164 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.
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Conditions and Reasons 1 The proposal is contrary to Policy 17 Rural Homes of the National Planning Framework 4 (2023) as the site does not meet any of the applicable criteria set out in category a)i) - viii). 2 The proposal is contrary to Policy 19 of the Perth and Kinross Local Development Plan 2 (2019) and the associated Housing in the Countryside Supplementary Guidance (March 2020) as it does not meet any of the criteria within 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) Development on rural brownfield land. In particular there is not a buidling group presnent as defined and the site does not meet the infill criteria as the telephone exhange is not teh equivilent size of a cottage. 3 The proposal is contrary to Policy 45A Lunan Lochs Catchment Area, of the Perth and Kinross Local Development Plan 2 (2019) The site lies within the Lunan Lochs Catchment Area where phosphorus mitigation is required to protect the Lunan Lochs SAC. No details of phosphorus mitigation have been submitted. 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 N/A Procedural Notes Not Applicable. PLANS AND DOCUMENTS RELATING TO THIS DECISION 01 02 03 04 05 06 07 08 09
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