Democracy Spraffa

(b) Planning Decision Notice, Report of Handling and Reference Documents (Pages 347-390)

Perth and Kinross Council · 16 December 2024
Back to Local Review Body — 16 December 2024 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

Original council PDF · Download plain text

Some pages contain no extractable text. They may be blank, graphics or scanned pages. OCR has not been applied.

Page 1

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

Page 2

No embedded text on this page.

Page 3

No embedded text on this page.

Page 4

No embedded text on this page.

Page 5

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

Page 6

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)

Page 7

- 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

Page 8

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

Page 9

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.

Page 10

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.

Page 11

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.

Page 12

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

Page 13

No embedded text on this page.

Page 14

No embedded text on this page.

Page 15

No embedded text on this page.

Page 16

No embedded text on this page.

Page 17

No embedded text on this page.

Page 18

No embedded text on this page.

Page 19

No embedded text on this page.

Page 20

No embedded text on this page.

Page 21

No embedded text on this page.

Page 22

No embedded text on this page.

Page 23

No embedded text on this page.

Page 24

No embedded text on this page.

Page 25

No embedded text on this page.

Page 26

No embedded text on this page.

Page 27

No embedded text on this page.

Page 28

No embedded text on this page.

Page 29

No embedded text on this page.

Page 30

No embedded text on this page.

Page 31

No embedded text on this page.

Page 32

No embedded text on this page.

Page 33

No embedded text on this page.

Page 34

No embedded text on this page.

Page 35

No embedded text on this page.

Page 36

No embedded text on this page.

Page 37

No embedded text on this page.

Page 38

No embedded text on this page.

Page 39

No embedded text on this page.

Page 40

No embedded text on this page.

Page 41

No embedded text on this page.

Page 42

No embedded text on this page.

Page 43

No embedded text on this page.

Page 44

No embedded text on this page.