Item 4(iii) LRB-2023-07
Perth and Kinross Council · 24 April 2023
Back to Local Review Body — 24 April 2023 and its agenda
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4(iii) LRB-2023-07 LRB-2023-07 22/01650/IPL – Residential development (in principle), land 100 metres north west of Easter Drumatherty Farm, Spittalfield INDEX (a) Papers submitted by the Applicant (Pages 473-496) (b) Decision Notice (Pages 485-486) Report of Handling (Pages 499-509) Reference Documents (Pages 487-496) (c) Representations (Pages 511-530) 471
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4(iii)(a) LRB-2023-07 LRB-2023-07 22/01650/IPL – Residential development (in principle), land 100 metres north west of Easter Drumatherty Farm, Spittalfield PAPERS SUBMITTED BY THE APPLICANT 473
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Notice of Review Page 1 of 5 NOTICE OF REVIEW UNDER SECTION 43A(8) OF THE TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 (AS AMENDED)IN RESPECT OF DECISIONS ON LOCAL DEVELOPMENTS THE TOWN AND COUNTRY PLANNING (SCHEMES OF DELEGATION AND LOCAL REVIEW PROCEDURE) (SCOTLAND) REGULATIONS 2013 THE TOWN AND COUNTRY PLANNING (APPEALS) (SCOTLAND) REGULATIONS 2008 IMPORTANT: Please read and follow the guidance notes provided when completing this form. Failure to supply all the relevant information could invalidate your notice of review. Use BLOCK CAPITALS if completing in manuscript Applicant(s) Agent (if any) Name Address Postcode Contact Telephone 1 Contact Telephone 2 Fax No E-mail* Mark this box to confirm all contact should be through this representative: X Yes No * Do you agree to correspondence regarding your review being sent by e-mail? X Planning authority Planning authority’s application reference number Site address Description of proposed development Date of application MR T REID Name NORMAN A MACLEOD GOURDIE FARMHOUSE SPITTALFIELD PH1 4LF Address Postcode 18 WALNUT GROVE BLAIRGOWRIE PH10 6TH Contact Telephone 1 Contact Telephone 2 Fax No 07884177328 E-mail* namacleod@aol.com PERTH AND KINROSS 22/01650/IPL GOURDIE FARM, SPITTALFIELD PH1 4LF (Land 100 Metres North West Of Easter Drumatherty Farm Spittalfield) ERECTION OF TWO DWELLING HOUSES 10/10/2022 Date of decision (if any) 18/11/2022 475
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Notice of Review Page 2 of 5 Note. This notice must be served on the planning authority within three months of the date of the decision notice or from the date of expiry of the period allowed for determining the application. Nature of application 1. Application for planning permission (including householder application) 2. Application for planning permission in principle 3. Further application (including development that has not yet commenced and where a time limit has been imposed; renewal of planning permission; and/or modification, variation or removal of a planning condition) 4. Application for approval of matters specified in conditions Reasons for seeking review 1. Refusal of application by appointed officer 2. Failure by appointed officer to determine the application within the period allowed for determination of the application 3. Conditions imposed on consent by appointed officer Review procedure The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case. Please indicate what procedure (or combination of procedures) you think is most appropriate for the handling of your review. You may tick more than one box if you wish the review to be conducted by a combination of procedures. 1. Further written submissions 2. One or more hearing sessions 3. Site inspection 4 Assessment of review documents only, with no further procedure If you have marked box 1 or 2, please explain here which of the matters (as set out in your statement below) you believe ought to be subject of that procedure, and why you consider further submissions or a hearing are necessary: NOT APPLICABLE Site inspection In the event that the Local Review Body decides to inspect the review site, in your opinion: Yes No 476
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Notice of Review Page 3 of 5 1. Can the site be viewed entirely from public land? 2 Is it possible for the site to be accessed safely, and without barriers to entry? If there are reasons why you think the Local Review Body would be unable to undertake an unaccompanied site inspection, please explain here: NOT APPLICABLE Statement You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. Note: you may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review. If the Local Review Body issues a notice requesting further information from any other person or body, you will have a period of 14 days in which to comment on any additional matter which has been raised by that person or body. State here the reasons for your notice of review and all matters you wish to raise. If necessary, this can be continued or provided in full in a separate document. You may also submit additional documentation with this form. PLEASE SEE THE ATTACHED SEPARATE DOCUMENTS – 1. NOTICE OF REVIEW WRITTEN STATEMENT 2. NOTICE OF REVIEW SUBMISSION APPENDIX 477
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Notice of Review Page 4 of 5 Have you raised any matters which were not before the appointed officer at the time the Yes No determination on your application was made? If yes, you should explain in the box below, why you are raising new material, why it was not raised with the appointed officer before your application was determined and why you consider it should now be considered in your review. NOT APPLICABLE List of documents and evidence Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend to rely on in support of your review. NOTICE OF REVIEW WRITTEN STATEMENT NOTICE OF REVIEW SUBMISSION APPENDIX Note. The planning authority will make a copy of the notice of review, the review documents and any notice of the procedure of the review available for inspection at an office of the planning authority until such time as the review is determined. It may also be available on the planning authority website. Checklist Please mark the appropriate boxes to confirm you have provided all supporting documents and evidence relevant to your review: Full completion of all parts of this form Statement of your reasons for requiring a review All documents, materials and evidence which you intend to rely on (e.g. plans and drawings or other documents) which are now the subject of this review. 478
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Notice of Review Page 5 of 5 Note. Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice from that earlier consent. Declaration I the applicant/agent [delete as appropriate] hereby serve notice on the planning authority to review the application as set out on this form and in the supporting documents. Signed Date 14/02/2023 479
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1 NOTICE OF REVIEW WRITTEN STATEMENT FOR PLANNING REFERENCE 22/01650/IPL Introduction As mentioned in the Supporting Statement the reason for the Planning application is to provide a separate house for the applicant’s son Taylor. The land is owned by the Reid family which is currently managed by Graham who is 5th generation of the family to run the farm. Taylor is now in his twenties and as well as completing his formal Farming education studies he is an integral member of the management of the family business. It is anticipated that Taylor will take over the complete management of the farming business when Graham retires. Currently, Taylor resides with his parents in the family home at Gourdie Farm and has been searching for a property to allow him to be independent from his parents. Due to the hours of work required in farming the preference is to have a property nearby to the farm for availability as well as having a property that is sustainable. Housing in the Countryside With regards to the Housing in the Countryside policy, there are various categories mentioned by the Case Officer and whilst the proposal may not fit perfectly into any of the categories the most favourable opportunity presented is for Category 2 – Infill Sites due to the other considered site being prone to flooding. Below is the extract from the Supporting Statement - ‘Consideration has been given to the various options in the guidance with comments below: 1. Category 1 – Building Groups – The three existing buildings include Easter Drumatherty, Easter Drumatherty Cottage and Silver King Cottage. Consideration was initially given to infill between Easter Drumatherty and Silver King Cottage, however, this site is prone to flooding from the River Tay. 2. Category 2 – Infill Sites - Easter Drumatherty, Easter Drumatherty Cottage and Silver King Cottage each have differing plot sizes and building sizes. It’s anticipated that a new house will be larger than Easter Drumatherty Cottage but smaller than Easter Drumatherty. As previously mentioned consideration was initially given to infill between Easter Drumatherty and Silver King Cottage, however, this site is prone to flooding from the River Tay. Due to the plot frontage size the preferred means of compliance is for 2 plots. There is a current access from A984 road within the infill site to the farmland, however, various other accesses to the farmland are plentiful.’ 481
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2 SUMMARY In summary and in relation to the formal notice, a copy of the reasons for refusal are below: Reasons for Refusal 1. The proposed development fails to respect the character and amenity of the place. The proposal would have a detrimental impact on the building pattern and landscape character of the area. The proposal does not satisfy the requirements of Policy 1A and 1B: Placemaking of the Perth and Kinross Local Development Plan 2 (2019). 2. The proposal is contrary to Policy 19: Housing in the Countryside of the Perth and Kinross Local Development Plan 2 (2019) and associated Supplementary Guidance Housing in the Countryside as 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, or (6) Rural Brownfield Land. 3. The proposal is likely to have a significant adverse impact on the setting of a listed building. The proposal does not satisfy Policy 27A: Listed Buildings of the Perth and Kinross Local Development Plan 2 (2019). 4. The proposal for development on prime agricultural land does not satisfy Policy 50: Prime Agricultural Land of the Perth and Kinross Local Development Plan 2 (2019) by virtue of not being compatible with the policy framework of the Local Development Plan 2. 5. The proposal does not satisfy Policy 52: New Development and Flooding as the proposed development site is within the approximate extents of 200-year fluvial flood event from River Tay. A Flood Risk Assessment to determine exact 200-year + climate change flood water levels is required and has not been submitted. Response to Reasons for Refusal In relation to item 1 of the refusal, this item is generally entered as a standard when a refusal is issued, however, we simply disagree with this item. In relation to item 2 of the refusal, the reason for the site choice has been explained above. In relation to item 3 of the refusal, Easter Drumatherty House is a grade C Listed building with the description and photograph on Historic Environment Scotland’s website as follows: Description 1 and 2-storey, red rubble, Tudor. Low pitched slated roofs, bay window, c.1830 (Delvine estate style) chimneys rebuilt, bad modern dormer. 482
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3 No detailed proposals have been submitted with the planning application so to suggest that the proposal is likely to have a significant adverse impact on the setting of a Listed Building appears to be adding more reasons for refusal without having any substance until a full planning application with detailed design and layout is submitted. It’s noted what has been written by HES in their description regarding the ‘bad modern dormer’ as well as from the photo showing the projecting boxed eaves on the pitched roof and ‘modern’ style windows. In relation to item 4 of the refusal and Policy 50 and as mentioned in the Case Officer’s report, the policy states that small scale development maybe acceptable. It’s accepted that the land proposed is used for agriculture, however, there are no other suitable non-prime land sites available that can be readily developed or provide a better fit and, furthermore, the proposed development would not adversely affect the viability of the agricultural unit. In relation to item 5 the proposed site is not known for flooding, however, if the application was approved or if the this was the only issue outstanding for the resubmission of the In Principle application a Flood risk assessment would be provided. It would be helpful if each reason for refusal could be assessed by the LRB to allow an assessment for further progression of the proposal. 483
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484
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Page 1 of 3 Robert Reid And Son c/o Norman MacLeod 18 Walnut Grove Blairgowrie PH10 6TH Pullar House 35 Kinnoull Street PERTH PH1 5GD Date of Notice :18th November 2022 TOWN AND COUNTRY PLANNING (SCOTLAND) ACT Application Reference: 22/01650/IPL I am directed by the Planning Authority under the Town and Country Planning (Scotland) Acts currently in force, to refuse your application registered on 10th October 2022 for permission for Residential development (in principle) Land 100 Metres North West Of Easter Drumatherty Farm Spittalfield for the reasons undernoted. David Littlejohn Head of Planning and Development Reasons for Refusal 1. The proposed development fails to respect the character and amenity of the place. The proposal would have a detrimental impact on the building pattern and landscape character of the area. The proposal does not satisfy the requirements of Policy 1A and 1B: Placemaking of the Perth and Kinross Local Development Plan 2 (2019). 2. The proposal is contrary to Policy 19: Housing in the Countryside of the Perth and Kinross Local Development Plan 2 (2019) and associated Supplementary Guidance Housing in the Countryside as 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, or (6) Rural Brownfield Land. 3. The proposal is likely to have a significant adverse impact on the setting of a listed building. The proposal does not satisfy Policy 27A: Listed Buildings of the Perth and Kinross Local Development Plan 2 (2019). 485
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(Page of 3) 2 4. The proposal for development on prime agricultural land does not satisfy Policy 50: Prime Agricultural Land of the Perth and Kinross Local Development Plan 2 (2019) by virtue of not being compatible with the policy framework of the Local Development Plan 2. 5. The proposal does not satisfy Policy 52: New Development and Flooding as the proposed development site is within the approximate extents of 200-year fluvial flood event from River Tay. A Flood Risk Assessment to determine exact 200-year + climate change flood water levels is required and has not 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. Notes The plans and documents relating to this decision are listed below and are displayed on Perth and Kinross Council’s website at www.pkc.gov.uk “Online Planning Applications” page Plan Reference 01 02 03 04 05 486
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15/07/2022 GOURDIE FARM, U112 FROM THE ACCESS INTO GOURDIE HOUSE TO THE B947 AT KIRKTON OF LETHENDY, SPITTALFIELD, PH1 4LF Scale: 1:2500 | Area 25Ha | Grid Reference: 312331,741164 | Paper Size: A3 Mapping contents © Crown copyright and database rights 2022 Ordnance Survey 100035207 PLOT 1 PLOT 2 LAND PRONE TO FLOODINGA984 TO SPITTALFIELD TO MEIKLEOUR 487
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15/07/2022 GOURDIE FARM, U112 FROM THE ACCESS INTO GOURDIE HOUSE TO THE B947 AT KIRKTON OF LETHENDY, SPITTALFIELD, PH1 4LF Scale: 1:2500 | Area 25Ha | Grid Reference: 312331,741164 | Paper Size: A3 Mapping contents © Crown copyright and database rights 2022 Ordnance Survey 100035207 PLOT 1 PLOT 2 LAND PRONE TO FLOODING GOURDIE FARM 488
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1 SUPPORTING STATEMENT AND PHOTOS PURPOSE – The reason for the application is to provide a separate house for the applicant’s son Taylor. The land is owned by the Reid family which is currently managed by Graham who is 5th generation of the family to run the farm. Taylor is now in his twenties and as well as completing his formal Farming education studies he is an integral member of the management of the family business. It is anticipated that Taylor will take over the complete management of the farming business when Graham retires. Currently, Taylor resides with his parents in the family home at Gourdie Farm and has been searching for a property to allow him to be independent from his parents. Due to the hours of work required in farming the preference is to have a property nearby to the farm for availability as well as having a property that is sustainable. HOUSING IN THE COUNTRYSIDE SUPPLEMENTARY GUIDANCE – Consideration has been given to the various options in the guidance with comments below: 1. Category 1 – Building Groups – The three existing buildings include Easter Drumatherty, Easter Drumatherty Cottage and Silver King Cottage. Consideration was initially given to infill between Easter Drumatherty and Silver King Cottage, however, this site is prone to flooding from the River Tay. Provide a plot between Easter Drumatherty House and Easter Drumatherty Cottage. 2. Category 2 – Infill Sites - Easter Drumatherty, Easter Drumatherty Cottage and Silver King Cottage each have differing plot sizes and building sizes. It’s anticipated that a new house will be larger than Easter Drumatherty Cottage but smaller than Easter Drumatherty. As previously mentioned consideration was initially given to infill between Easter Drumatherty and Silver King Cottage, however, this site is prone to flooding from the River Tay. Due to the plot frontage size the preferred means of compliance is for 2 plots. There is a current access from A984 road within the infill site to the farmland, however, various other accesses to the farmland are plentiful. LOCATION – The plots are located in Gourdie Farm adjacent to the A984 road between 2No existing dwelling houses. PROPOSAL – The application proposal in outline is for 2No plots for the erection of a dwelling house on each of the plots. ACCESS – Access to each plot will be from the A984 road. DRAINAGE – A private drainage system is to be utilised for each plot. PHOTOS 489
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2 490
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3 491
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4 492
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5 493
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6 494
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Imagery ©2022 CNES / Airbus, Getmapping plc, Maxar Technologies, Map data ©2022 20 m Google Map SITE GOURDIE FARM 495
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Imagery ©2022 CNES / Airbus, Getmapping plc, Maxar Technologies, Map data ©2022 200 m Google Map SITE PART OF GOURDIE FARM 496
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4(iii)(b) LRB-2023-07 LRB-2023-07 22/01650/IPL – Residential development (in principle), land 100 metres north west of Easter Drumatherty Farm, Spittalfield PLANNING DECISION NOTICE (included in applicant’s submission, pages 485-486) REPORT OF HANDLING REFERENCE DOCUMENTS (included in applicant’s submission, pages 487-496) 497
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498
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REPORT OF HANDLING DELEGATED REPORT Ref No 22/01650/IPL Ward No P5- Strathtay Due Determination Date 9th December 2022 Draft Report Date 15th November 2022 Report Issued by CM Date 17/11/22 PROPOSAL: Residential development (in principle) LOCATION: Land 100 Metres North West Of Easter Drumatherty Farm Spittalfield 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 is an in principle application for the change of use of farmland to create two residential plots on prime agricultural land on the north side of the Old Military Road (A984), east of Spittalfield. The application site is located between Easter Drumatherty Farmhouse (east) and Easter Drumatherty Cottage (west), over 150m apart. The irregular shaped site measures 6880 sqm. The application site is to be split into two plots with a dwellinghouse proposed on each plot with access from the Old Military Road (south). A private drainage arrangement is proposed. On the south-west boundary of the site, next to Easter Drumatherty Cottage, is an existing access to the farmland from the Old Military Road. A beech hedge separates the farmland from the Old Military Road and there is a mature tree on the roadside. To the north of the site is open farmland; to the south is a public road and agricultural land; to the east is Easter Drumatherty Farmhouse which is Category C Listed and to the west is Easter Drumatherty Cottage. SITE HISTORY None PRE-APPLICATION CONSULTATION None 499
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NATIONAL POLICY AND GUIDANCE The Scottish Government expresses its planning policies through The National Planning Framework, the Scottish Planning Policy (SPP), Planning Advice Notes (PAN), Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars. DEVELOPMENT PLAN The Development Plan for the area comprises the TAYplan Strategic Development Plan 2016-2036 and the Perth and Kinross Local Development Plan 2 (2019). TAYplan Strategic Development Plan 2016 – 2036 - Approved October 2017 Whilst there are no specific policies or strategies directly relevant to this proposal the overall vision of the TAYplan should be noted. The vision states “By 2036 the TAYplan area will be sustainable, more attractive, competitive and vibrant without creating an unacceptable burden on our planet. The quality of life will make it a place of first choice where more people choose to live, work, study and visit, and where businesses choose to invest and create jobs.” 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 6: Settlement Boundaries Policy 19: Housing in the Countryside Policy 26B: Scheduled Monuments and Archaeology: Archaeology Policy 27A: Listed Buildings Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development Policy 38A: International Nature Conservation Sites Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development Policy 41: Biodiversity 500
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Policy 42: Green Infrastructure Policy 50: Prime Agricultural Land Policy 52: New Development and Flooding Policy 53C: Water Environment and Drainage: Surface Water Drainage Policy 53E: Water Environment and Drainage: Water Supply Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals OTHER POLICIES Supplementary Guidance – Flood Risk and Flood Risk Assessments Supplementary Guidance – Housing in the Countryside Supplementary Guidance - Placemaking Planning for Nature – Development Management and Wildlife Guide CONSULTATION RESPONSES External Scottish Water - No objection. Perth and Kinross Heritage Trust - The proposed development site lies within an area that is considered to have archaeological potential. Looking into the wider context of known monuments there is very rich evidence of prehistoric activity in the area, from the unenclosed settlement remains west of Wester Drumnatherty (SM7165), potential prehistoric pit cluster 300m south and Mains of Gourdie ring ditch and potential cursus (SM6875). No invasive archaeological work has been undertaken in the wider development area therefore given the above context and the fact the site is greenfield it is recommended that an evaluation is undertaken to assess archaeological potential at the site. In line with Scottish Planning Policy, historic environment section (paragraphs 135- 137 and 150), it is recommended that a condition for a programme of archaeological works be attached to any planning permission granted. Internal Conservation Team - Easter Drumatherty is a category C listed farmhouse dating to approximately 1830. The substantial red sandstone farmhouse is particularly prominent in the existing open, flat farmland setting. The west gable is a significant landscape feature on the approach from the west, along a straight section of the Old Military Road (A984). Historic mapping shows a steading range to the north-east of 501
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the farmhouse, but it has remained undeveloped to the east or west, maintaining a clear visual and historic relationship to the wider agricultural landscape. A residential development in the location proposed would detract from this historic landscape context, intruding on the key view of the farmhouse from the west. As such, the proposal is likely to have a significant adverse impact on the setting of the listed building. Structures And Flooding - Objection in principle - flood risk. Proposed development site within approximate extents of 200-year fluvial flood event from River Tay. Applicant to provide details/plans of proposed SUDS/drainage systems and to also carry out and provide full flood risk assessment to determine exact 200-year + climate change flood water levels. Environmental Health (Contaminated Land) - No adverse comments to make on the application. A search of the historical mapping has not identified any potential sources of contamination likely to impact upon the proposed development site and there is no further information held by the Authority to indicate that the application area has been affected by contamination. However, it shall be the responsibility of the applicant to satisfy themselves that the ground conditions are suitable for the development for which planning consent has been granted. Transport Planning - No objection to this proposal and recommend a condition is attached to any permission granted to ensure specified matters have been the subject of a formal planning application for the approval of the Council as Planning Authority. All matters regarding: access, car parking, public transport facilities, walking and cycling facilities, the road layout, design and specification (including the disposal of surface water) shall be in accordance with the standards required by the Council as Roads Authority (as detailed in the National Roads Development Guide) and to the satisfaction of the Planning Authority. Also, recommend an informative is attached to any permission granted to advise that in terms of Sections 56 of the Roads (Scotland) Act 1984, the applicant must obtain from the Council, as Roads Authority, consent to open an existing road or footway prior to the commencement of works. Development Contributions Officer – This proposal is within the catchment of Glendelvine Primary School. A condition is recommended to ensure compliance with the requirements of Perth & Kinross Council's Developer Contributions and Affordable Housing Supplementary Guidance 2020. Environmental Health (Private Water) - No objection but recommend a condition and informatives to ensure details of the location and measures proposed for the safeguarding and continued operation, or replacement, of any septic tanks and soakaways, private water sources, private water supply storage facilities and/or private water supply pipes serving properties in the vicinity, sited within and running through the application site, shall be submitted to and approved in writing by the Council as Planning Authority. 502
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REPRESENTATIONS No representations received. ADDITIONAL STATEMENTS Screening Opinion EIA Not Required Environmental Impact Assessment (EIA): Environmental Report Not Required Appropriate Assessment Habitats Regulations Appraisal - AA Not Required Design Statement or Design and Access Statement Not Submitted Report on Impact or Potential Impact eg Flood Risk Assessment Not 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 for the area comprises the approved TAYplan and the adopted LDP2. In this instance, section 14(2) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 places a duty on planning authorities in determining such an application as this to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. 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 Council’s objective is to strike a balance between the need to protect the outstanding landscapes of the Perth & Kinross area and encourage appropriate housing development in rural areas including the open countryside and outwith settlements. Policy 1: Placemaking requires all development to contribute positively to the quality of the surrounding built and natural development. The design, density and siting of development should respect the character and amenity of the place. The application site is classed as prime agricultural land and is currently in agricultural use. The surrounding area is open farmland with a dispersed building pattern of individual cottages and farmhouses and buildings. 503
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Two substantial plots are proposed on the application site located between a cottage and a farmhouse some 150m apart on the north side of the Old Military Road. The cottage is traditional in style and fronts the road and the red sandstone farmhouse is Category C Listed. The listed farmhouse is set back from the road and sits prominently in open garden grounds and is highly visible from the Old Military Road. The proposal fails to respond positively to local features including the open farmland setting and the setting of the listed building, a landmark in the area. The proposal would have a detrimental impact on the dispersed building pattern of individual houses and cottages and the wider landscape character of the area. The proposal does not satisfy the requirements of Policy 1A and 1B: Placemaking. In respect of Policy 6: Settlement Boundaries, the application site does not adjoin a settlement boundary and Policy 19: Housing in the Countryside applies. The applicant’s Supporting Statement refers to the Housing in the Countryside Supplementary Guidance and highlights three existing buildings – Easter Dumatherty Cottage, Easter Drumatherty Farm and Silver King Cottage - which it defines as a group to comply with Category 1 – Building Groups. The Supporting Statement also refers to Category 2 – Infill Sites and states that due to the plot frontage size the preferred means of compliance is for two plots. In response to the justification set out in the applicant’s Supporting Statement, the Council will support proposals for the erection, or creation through conversion, of single houses and small groups of houses in the countryside which fall into at least one of the following categories:(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. In respect of Category 1, it is considered that the buildings are not an obvious group and are too dispersed to appear as a group in their landscape setting. The character of the surrounding area is open farmland with a dispersed building pattern of individual cottages and farmhouses and buildings. Easter Dumatherty Cottage, Easter Drumatherty Farm and Silver King Cottage are individual buildings in an open farmland setting. The site is separated by a hedge from the public road, and it does not have any other established, identifiable boundaries and a level of enclosure provided by natural features. The proposal does not satisfy the requirements of Category 1 – Building Groups. In respect of Category 2 – Infill Sites, the development of up to two new houses in gaps between established houses may be acceptable if they meet the following criteria set out in the Supplementary Guidance – The plot or plots created are comparable in size to the neighbouring plots and have a similar size of road frontage. 504
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The proportion of each plot occupied by the infill house or houses is no greater than that of the neighbouring plots. There are no uses in the vicinity which would prevent the achievement of an adequate standard of amenity for the infill house or houses, and the amenity of any existing neighbouring house is maintained. The size and design of the infill house or houses is sympathetic to the neighbouring buildings. The full extent of the gap is included within the infill plot or plots – for the avoidance of doubt, the retention of a field access within the infill plot or plots will not be permitted. The application site is an irregular shape measuring 6880 sqm and the proposal is to split the elongated site into two substantial plots. The plots are not comparable in size to the neighbouring plots and will not have a similar size of road frontage. The proposal has been manufactured to fit the full extent of the farmland between Easter Drumatherty Cottage and Easter Drumatherty Farm, more than 150m apart, and the size of the plots does not respect the character of the area and are not sympathetic to the neighbouring buildings. It is unclear if the existing field access next to Easter Drumatherty Cottage is required to be retained for farming operations. The proposal does not satisfy the requirements of Category 2 – Infill Sites. The proposal would lead to the creation of ribbon development on the north side of the Old Military Road. The application site is not a readily definable site and linear development is not part of the character of the area. The Housing in the Countryside Supplementary Guidance clearly states ribbon development will not be supported. The Supporting Statement highlights the reason for the application is to provide a house for the son of the applicant who runs the farm. The son will take over the complete management of the farming business when the applicant retires. The statement notes that due to the hours of work required for farming, a property near the farm is preferred as well as a property that is sustainable. No supporting evidence has been submitted to consider the proposal for a new house or two houses, to support an existing business under Category 3 – New Houses in the Open Countryside. Under this category, applications in principle are not acceptable as detailed plans and full information are essential to making an informed assessment. In respect of Categories 4, 5 and 6, these do not apply to the proposal. The proposal does not satisfy the requirements of Policy 19: Housing in the Countryside and associated Supplementary Guidance. In respect of Policy 50: Prime Agricultural Land, as noted in the report above, the application site is prime agricultural land. This policy states that small scale development, including housing, may be acceptable providing it is compatible with all other aspects of the policy framework of the Plan and there are no other suitable non-prime land sites available, and it does not adversely affect the viability of the agricultural unit. 505
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The proposal does not satisfy Policy 50 as it is not compatible with the policy framework of the Plan by virtue of not satisfying Policy 1: Placemaking and Policy 19: Housing in the Countryside. The principle of developing the site is contrary to the Perth and Kinross Local Development Plan 2 (2019). Design and Layout No detail of the design and layout of the dwellinghouses has been submitted given the type of application. As noted in the report above, the plots are substantial in size and are not comparable or sympathetic to the neighbouring plots. The proposed development fails to respect the character and amenity of the place. Landscape The site is open farmland characterised by a dispersed building pattern of individual cottages and farm buildings. The proposal will have a detrimental impact on the existing landscape character. Residential Amenity There is unlikely to be any detrimental impact on residential amenity given the size of the plots and the distance between the neighbouring houses to the east and west. Visual Amenity No detail of the design and layout of the dwellinghouses has been submitted. Notwithstanding this lack of detail, the proposed development will have a detrimental impact on the wider visual amenity of the surrounding area which is characterised by open farmland and dispersed individual cottages and farm buildings. Roads and Access Transport Planning has been consulted and do not raise any concerns on roads and access. Drainage and Flooding An objection in principle due to flood risk has been received from Flooding Development Control. The proposed development site is within the approximate extents of 200-year fluvial flood event from River Tay. It is recommended that the applicant undertakes to provide details/plans of proposed SUDS/drainage systems and to also carry out and provide full flood risk assessment to determine exact 200-year + climate change flood water levels. The proposal does not satisfy Policy 52: New Development and Flooding. 506
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Conservation Considerations Easter Drumatherty is a category C listed farmhouse dating to approximately 1830. The substantial red sandstone farmhouse is particularly prominent in the existing open, flat farmland setting. The west gable is a significant landscape feature on the approach from the west, along a straight section of the Old Military Road (A984). Historic mapping shows a steading range to the north-east of the farmhouse, but it has remained undeveloped to the east or west, maintaining a clear visual and historic relationship to the wider agricultural landscape. A residential development in the location proposed would detract from this historic landscape context, intruding on the key view of the farmhouse from the west. As such, the proposal is likely to have a significant adverse impact on the setting of the listed building. The proposal does not satisfy Policy 27A: Listed Buildings. Statutory Duty In this instance, section 14(2) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 places a duty on planning authorities in determining such an application as this to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. By refusing the application, due to its significant adverse impact on the setting of a listed building, the Council would be discharging its statutory duty in consideration of section 14(2) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997. Archaeological Interest The proposed development site lies within an area that is considered to have archaeological potential. Looking into the wider context of known monuments there is very rich evidence of prehistoric activity in the area, from the unenclosed settlement remains west of Wester Drumnatherty (SM7165), potential prehistoric pit cluster 300m south and Mains of Gourdie ring ditch and potential cursus (SM6875). No invasive archaeological work has been undertaken in the wider development area therefore given the above context and the fact the site is greenfield it is recommended that an evaluation is undertaken to assess archaeological potential at the site. The evaluation will inform a mitigation strategy, if required, to either preserve significant deposits within the development or for further archaeological works, to consist of the excavation and post-excavation analysis / publication of these deposits. A condition is recommended should planning permission be granted to ensure an archaeological evaluation takes place in consultation with Perth and Kinross Heritage Trust. 507
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Natural Heritage and Biodiversity The site is located in the Tay SAC Catchment Boundary. There are mature trees and hedgerow on the roadside boundary of the site (south). As this is an application in principle no supporting information has been submitted for natural heritage and biodiversity. Should planning permission be granted, this further supporting information could be conditioned to ensure appropriate assessment and measures are put in place to protect and enhance the natural heritage and biodiversity. Developer Contributions A condition is recommended to secure developer contributions. 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, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. 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 adopted 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 adopted Development Plan. Accordingly, the proposal is refused on the grounds identified below. Reasons for Refusal 1.The proposed development fails to respect the character and amenity of the place. The proposal would have a detrimental impact on the building pattern and landscape character of the area. The proposal does not satisfy the requirements of Policy 1A and 1B: Placemaking of the Perth and Kinross Local Development Plan 2 (2019). 508
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2.The proposal is contrary to Policy 19: Housing in the Countryside of the Perth and Kinross Local Development Plan 2 (2019) and associated Supplementary Guidance Housing in the Countryside as 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, or (6) Rural Brownfield Land. 3. The proposal is likely to have a significant adverse impact on the setting of a listed building. The proposal does not satisfy Policy 27A: Listed Buildings of the Perth and Kinross Local Development Plan 2 (2019). 4. The proposal for development on prime agricultural land does not satisfy Policy 50: Prime Agricultural Land of the Perth and Kinross Local Development Plan 2 (2019) by virtue of not being compatible with the policy framework of the Local Development Plan 2. 5. The proposal does not satisfy Policy 52: New Development and Flooding as the proposed development site is within the approximate extents of 200-year fluvial flood event from River Tay. A Flood Risk Assessment to determine exact 200-year + climate change flood water levels is required and has not 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. Procedural Notes Not Applicable. PLANS AND DOCUMENTS RELATING TO THIS DECISION 01 02 03 04 05 509
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4(iii)(c) LRB-2023-07 LRB-2023-07 22/01650/IPL – Residential development (in principle), land 100 metres north west of Easter Drumatherty Farm, Spittalfield REPRESENTATIONS 511
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